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City Council Packet 2009 06-09-09 CO- QIIII o,� United City of Yorkville 800 Game Farm Road EST. 1� 1836 Yorkville, Illinois 60560 o Telephone: 630-553-4350 `°°°3S°" Fax: 630-553-7575 Ce AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, June 9, 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 Teeling Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meetiniz: 6:30 p.m., June 16, 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., June 18, 2009 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., June 25, 2009 City Hall Conference Room Presentations: 1. Employee Service Awards 2. Certificates of Recognition to the Yorkville High School Girls Track Team 3. Aux Sable Creek Watershed Plan Presentation by Stephanie Sheetz of the Conservation Foundation 4. EEI Presentation on Windett Ridge Flooding City Council Meeting Agenda June 9, 2009 Page 2 Public Hearings: 1. Apex Developers, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the Annexation Agreement dated June 18, 2007,to include a Planned Unit Development. The real property consists of approximately 4.214 acres, located at 6684 Route 47, Kendall County, Illinois. Citizen Comments: Consent Agenda: 1. PS 2009-15 Resolution to Adopt the National Incident Management System(NIMS) - authorize Mayor and City Clerk to execute 2. PS 2009-16 Ordinance Amending the Code of Ordinances Providing for Liquor Control(Number of Liquor Licenses) - authorize Mayor and City Clerk to execute 3. PC 2009-09 Ordinance Amending the Code of Ordinances Providing for Tower and Antenna Regulations - authorize Mayor and City Clerk to execute 4. EDC 2009-17 Ordinance Amending the Code of Ordinances Providing for the Regulation of Signs - authorize Mayor and City Clerk to execute 5. CC 2009-53 Resolution Approving the Release of Closed Session Minutes - authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—April 14, 2009 and April 28, 2009 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,364.60 (vendors FY 08/09) $ 755,328.03 (vendors FY 09/10) $ 266,734.43 (payroll period ending 5/23/09) $ 1,023,427.06 (total) Reports: Mayor's Report: 1. CC 2009-54 Appointments to Zoning Board of Appeals—Charles Walker and Corey Johnson 2. CC 2009-55 Appointment to Human Resources Commission—Joan Knutson City Council Meeting Agenda June 9, 2009 Page 3 Reports (con't): City Council Report: 1. CC 2009-48 Windett Ridge Development Issues—Update and Discussion City Attorney's Report: City Clerk's Report: City Treasurer's Report: 1. CC 2009-56 Annual Police Pension Fund Activity Report for Fiscal Year May 1, 2008 to April 30, 2009 City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Officer: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2009-08 Ordinance Approving a Second Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement 2. PC 2009-01 Ordinance Amending the Code of Ordinances Providing for the Regulation of Wind Energy Systems—First Reading Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Executive Session: Adjournment: City Council Meeting Agenda June 9, 2009 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ;PUBLIC-WORK- S --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 Departments 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--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 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 9, 2009 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ---------------------------------------------------------------------------------------------------------------------------------------- 1. Employee Service Awards 2. Certificates of Recognition to the Yorkville High School Girls Track Team 3. Aux Sable Creek Watershed Plan Presentation by Stephanie Sheetz of the Conservation Foundation 4. EEI Presentation on Windett Ridge Flooding ---------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ---------------------------------------------------------------------------------------------------------------------------------------- 1. Apex Developers, LLC (Fountainview) ---------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PS 200-15 Resolution to Adopt the National Incident Management System(NIMS) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PS 2009-16 Ordinance Amending the Code of Ordinances Providing for Liquor Control(Number of Liquor Licenses) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. PC 2009-09 Ordinance Amending the Code of Ordinances Providing for Tower and Antenna Regulations ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2009-17 Ordinance Amending the Code of Ordinances Providing for the Regulation of Signs ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2009-53 Resolution Approving the Release of Closed Session Minutes ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. City Council—April 14, 2009 ❑ Approved ❑ As presented ❑ As amended 2. City Council—April 28, 2009 ❑ Approved ❑ As presented ❑ As amended ---------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ----------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2009-54 Appointments to Zoning Board of Appeals—Charles Walker and Corey Johnson ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2009-55 Appointment to Human Resources Commission—Joan Knutson ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2009-48 Windett Ridge Development Issues—Update and Discussion ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- CITY TREASURER'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2009-56 Annual Police Pension Fund Activity Report for Fiscal Year May 1, 2008 to April 30, 2009 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2009-08 Ordinance Approving a Second Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. PC 2009-01 Ordinance Amending the Code of Ordinances Providing for the Regulation of Wind Energy Systems—First Reading ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ,SAD C►p Reviewed By: Agenda Item Number i Legal EST. 1836 Finance ❑ Engineer ■ Tracking Number City Administrator ❑ �© Consultant ❑ PC 2009-08 LE Agenda Item Summary Memo Title: Apex Developers, LLC (Fountainview) Annexation Agreement Amendment Request Meeting and Date: City Council - 6/9/09 Synopsis: Amendment includes Rezoning Request (B-3 to PUD) and Subdivision Plat Revision Council Action Previously Taken: Date of Action: June 24, 2008 Action Taken: 1St Annexation Agreement Amendment Approval Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: D Cll o Memorandum To: EDC EST. - leas From: Travis Miller O L `` CC: Lisa Pickering (for distribution) p Date: May 27, 2009 <LECo� ,Z Subject: PC 2009-08 Fountainview(Rezoning and Re-Subdivision) Plan Commission Action: The Plan Commission reviewed this request May 13, 2009 and made a motion to recommend approval subject to addressing all staff comments with a vote of 6 ayes; 0 no. Comprehensive Plan Recommendation for Property: The 2008 Comprehensive Plan recommends Commercial land use for this property. The Comprehensive Plan defines Commercial as, "... intends to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively and conveniently serve the growing local population while reinforcing the importance of the United City of Yorkville as a regional center. " The Comprehensive Plan states that outside storage areas related to commercial uses should be buffered from public view. Where possible, commercial land uses should provide pedestrian connections and commercial development should strictly comply with the City's Design Guidelines. Background: 1. The petitioner is requesting to rezone the property from B-3 to PUD. The PUD is proposed to include all of the uses currently permitted by the Annexation Agreement (B- 3 uses)with the addition of"Automobile painting, upholstery,repairing, reconditioning and body and fender repairing, when done within the confines of a structure"which is a permitted use in the Limited Manufacturing District (M-1). 2. Staff advised the petitioner to request PUD zoning in lieu of M-1 for the property. 3. An Annexation Agreement was approved for this property in April 2007 and included provisions for B-3 Zoning and be developed in substantial conformance with a Site Plan (attached–Exhibit B of the Annexation Agreement)which includes a bank use and office use. 4. The current Annexation Agreement requires the development of the property comply with all development ordinances including Zoning, Subdivision Control, Landscape, Sign Code and Appearance Code. 5. The surrounding property to the north and east is zoned M-1. The Kendall County property to the south is unincorporated and zoned Kendall County B-3 Commercial. 1 6. The proposed Concept Plan for Lot 3 depicts Lot 3 being larger(and Lot 2 being smaller) than the approved Fountainview Subdivision plat. Staff Comments/Recommendations: 1. Require building elevations be prepared and included in the Annexation Agreement/PUD Agreement as an exhibit. This Exhibit should depict all structures on the property constructed of masonry material. The elevations attached were presented to the Plan Commission by the petitioner at the May 13, 2009 Public Hearing. 2. Require an eight foot high masonry wall matching the materials of the structure(s) surrounding the outdoor `repair vehicle storage' area and trash enclosure area. This wall/enclosure must be outside of any utility/drainage easement. Site Planning Principles/Design Guidelines Principle 8—Appropriate design of parking lots, utilities, service areas and detention areas to reduce the negative impact of typically unattractive site components. 3. Require the owner to construct a 10' wide asphalt trail along the IL47 frontage (Lot 1) of the property consistent with the City Park Development standards as well as sidewalks within all parcels to serve all buildings/uses in the development and provide connection to the IL47 trail. Site Planning Principles/Design Guidelines Principle 7— Thoughtful consideration of vehicular and pedestrian circulation within individual developments. 4. The reconfiguration of Lot 2 and Lot 3 should be addressed in the Annexation Agreement and the Subdivision Plat should be amended and included as an exhibit to the Agreement provided the resubdivision complies with all Zoning Ordinance and Subdivision Control Ordinance requirements. 5. Increase the length of the proposed loading area on the Concept Site Plan to the required 10' x 50' dimension. 2 n '_ t:,a a __ ° .'.- - a-..� ._vim-' - • : ,i"3LC -w- ZL - - - - �C_!CL_ `�"_x, __ ••'-�._x . _ _ �. .�. � •tom.' `�`r �-� ��r '=ri,��`-� - - _°T' � :.��` - �� i"�"'-c 7-L - �Y ^L , za '+- .__. �.. _� A .e.-Cay�_L .._e' ,° ., .F .- ei.x • xT3p ° lz� _•. w�- . ytt7°e _ s rte't"i - _r sci ,--.,r-''�ti�=L c"� +�y�++yr= '9�"„!„c- rr :;.W:+c�,,,�•TL .. 1�. -�'- LLB" r^__, -� �; _ . omit iL.7�;N_.L ..�s��fir}-iry-'+-Jst^C�� Q2'.. .L,..rr4 tom.•�'• �y - :� Sawa - - - or=tea: 4 a - - Mid! Ir - ` I 3 -�" r - •r¢ - fir. r_ y - Y _ r - r ■i - `I �` ,. _ _— t-°__- �'-,_ � ..__ _ i. �y:.l;L�_.x��,-�_-_�4'�.. `.-_ _ �� r.�.T e��• _xY� _ el-� r'J., "d_;a" _ fuh -_ ISBN= _! jib: 6 3 '>ausri�r�.r. �'•.-'�-rte.�.►�-.c.. ��*�- _ '�'�� F?�` f:�._ - �._ __ - �. L - _ �t #' - i �.�_ .._- +•�a�_x �_•k_�e-'-fir...�,^�_-va�•_a~�.- _.. .. .. �R '4 SLx-- �i � � s• y L t i i 72 E t -ax CarCare Collision Center Working Drawing a a 12 Y 22' u 2' 0-I C1COLT 12' 01;as 12' GH "Ic 1�' GH Gax 12 OH rca- f 7ti�1: L # ! ! I two Ho-:L If-, Par' 5 Vccclvlrzi ! Dli.eprlrr,Prca Inc-all%V'!a<h(ja 2,V �2` x 22� L 2 t 22' lcZr'u x 222'_1 2' K ZZ' I ' x 2 ] '1 24' I I ' I 24' AAvr p zrzJ Ga4 mb:ly 1,io Hf;s ' ]�' x 21' 12' x 21' 12' 21' x21 �1� ii Im I I I I_HH E :Y , f�r i M_a-k r< r � Irk _T34 \ I 12%' .SHERWIN WILLIAMS CAWCAM Cd1bion Center- \ b >\ > - / Ile , .a i crrr� United City of Yorkville 800 Game Farm Road 1 I � Yorkville, Illinois 60560 $9 WIT � o'' Telephone: 630-553-4350 (, .? Fax: 630-553-7575 P PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: F0111) Ia/I� Jl ??J Date of Submission: 1 . Name ofPetitioner(s): /»X / ® "1/�� P/� 6e� (f / J / Addresso125Q Zr e—,/Z � C22, 4' 1— ZZL/4/1 Phone Number: X�J Fax Number: Email Address: Relationship of Petitioner(s) to subject property: Owner [I Developer [I Contract Purchaser 2. Name of holder of legal title, if different from #1 : L: rai/�Wellw Tr izlz If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: /�r�t' OfK'l 42f� '/ !�: 3. a). Street address and physical location of subject property: (' '/)i� 9,94 Aa y7 b). Legal description of property; /atttach as Exhibit "A". c). Total Acreage: `'-f `� T d). Kendall County Parcel Number(s) of property: e). Current Zoning Classification: f). Zoning Classification Requested if changing zoning: 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "B".) Page I of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 1.28.09 5. Date of Annexation or PUDyy��Agreement sought to be amended: 11 / Name of Agreement,: t-// z / � �/ ) t7 Date of Recording: `Q J Q 7 Attach a true and correct copy of agreement as Exhibit "C". 6. State the items to be amended from the existing annexation or PUD agreement. /f,, t7z 0 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney Name' / 7n / e J . / - J"ne t� Address://— SG3 �J� [./ �/ C /i/�P � Z �65� �✓ Phone Numberki o .�^nnnnn��_— ate ) Fax Number: had °��i� 1 Z/ Email Address: o Engineer: Name: Phone Number: Fax Number: 4k30- 5;-5 V z16 Email Address: Land Planner: Name: IT) �4' 40 Address: cZ0,S _ S Zlztr4 , 11f _ IoOS�o Phone Number: Number: Email Address: 8. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route, Step 1 , Fees and/or contact the Community Development Department for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. Page 2 of 5 United City of Yorkville Amend Annexation/PUD Application Revised: 1 28.09 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the Uni ed City of Yorkville. Date: 1 U Petitioner(, Si nature: All legal property owners of record signatures must appear on this application.) Subscribed and sworn to before me this day of 19190i2 /1 200 . r Cc�� C� =oA0. IWE[cm4 L REINSDORFF OFFICIALm My COMMISSION EXPIRES THIS APPLICATION MUST BE NOTARIZED. o `�� NOVEMBER 5, 2011 A/�AAhM Page 3 of 5 United Chof Yorkville Amend Anne\ffiInn/P:D Application Revised. 128.09 COPYRIGHT @20M 2004 MeritCorp, Pr SCALM 1".2w DRAWN 9Y: PAS NORTH r ■ CHECIFD 9Y: TDR SEAU c■�nsr.•. EXPIRES 11/30/09 LOT 2 1.007 LOT i �7 ��t r.zr2rG212-Ir , L cK p..4 , DM Dm ocm 401 a sca�'�-e zsa.t7' it Fum uTLm,wo .. awua FJU41[IIT—— — — —— — ,wwl Eff T- o = LL t r aRm LOT 3 1 V a 1G sun, w N ° l fi 7w1 Lft 7 J - 57 er 43,812.82 l �oacK { � 414 v~i � y .tZ�t. I.00E 1 r � 7 b 1 ,o ` 0 � Z N86'?W21'W 251.52• y y m z w FOUNTAINVI U EV1t DRIVE �► z J oo u mo-K T NO. MI0902a SHEET NO. l s "� , �sr� 47 Site Location 3 ; 1 1 ® � 1 ' ........................... Tr G i PC 2009-08 The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and Fountainview Amend Agreement appropdatenessofitsuse.TheUnitedCityofYorkvillemakesno W v� PE warranties,expressed or implied,to the use of the Data. �� Aerial View parcel Data Map created by United City of Yorkville GISCounty GIS S I � Legend _- I 2008 Land Use Plan I Land Use Classification 1 Rural Neighborhood I Estate Neighborhood Suburban Neighborhood -Traditional Neighborhood -Commercial I Neighborhood Retail - Industrial Office/Research i Mixed Use - Public/Quasi Public i Parks/Open Space ®Commercial/Office Research I ® Industrial/Office Research I i i 47 O - - - - - - - - - - - I Site I Location I I I I I I I I , - 71 - - - - - - - - - - - - Q PC 2009-08 The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and Fountainview Amend Agreement appropriatenessofitsuse.TheUnitedCityofYorkvillemakesno W�7E warranties,expressed or implied,to the use of the Data. ��i -Parcel Data 8 Aerial Photography provided by Kendall County GIS Land Use -Map created by United City of Yorkville GIS S 74-V-4-V-M-4 ..... . 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IL 60543 FA (6301551-3639 �7 c/Ty Reviewed By: Agenda Item Number 0-0 Legal ❑ CA#1 Finance ❑ EST. , �'� 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K � °°. • PS 2009-15 El LE Agenda Item Summary Memo Title: National Incident Management System(NIMS) Resolution Meeting and Date: City Council— 6/9/09 Synopsis: Resolution adopting NIMS. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Harold O. Martin III Police Name Department Agenda Item Notes: See attached resolution calling to adopt NIMS for the United City of Yorkville. STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) RESOLUTION NO. 2009- A RESOLUTION TO ADOPT THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) WHEREAS,in Homeland Security Directive HSPD-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for,respond to and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS,it is necessary and desirable that all Federal, State, local and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management, and WHEREAS,to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standard terminology, standard organizational structures, interoperable communications, consolidated action plans,unified command structures,uniform personnel qualification standards,uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters, and WHEREAS,the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management process, and WHEREAS,the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the County, including current emergency management training programs, and WHEREAS,the National Commission of Terrorist Attacks (911 Commission)recommended adoption of a standardized Incident Command System NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, does hereby establish the National Incident Management System (NIMS) as the standard for incident management. SECTION 1: this Resolution shall be in full force and effect immediately upon its passage. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. CITY CLERK ROBYN SUTCLIFF 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 Reviewed By: Agenda Item Number 0-0 Legal ❑ CA#2 Finance ❑ EST. , �'� 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K d°IIC°uMy . PS 2009-16 El LE Agenda Item Summary Memo Title: Ordinance Amending City Code regarding Number of Liquor Licenses Meeting and Date: City Council— 6/9/09 Synopsis: Purpose of this amendment is to decrease the number of Class A liquor licenses. 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. `,�g,D CITY Fri o Memorandum esT 1836 To : Public Safety Committee 04 From : Lisa Pickering, Deputy Clerk $ CC: 09�' KwA W " ��` Date: May 21 , 2009 CCE Subject: Amendment to City Code regarding Number of Liquor Licenses The purpose of this code amendment is to decrease the number of Class A liquor licenses. Our current city code allows for two Class A liquor licenses to be issued in the downtown area and an additional three Class A liquor licenses to be issued outside the downtown area for a total of five Class A liquor licenses. Previously, we had five Class A liquor licenses issued. We had one licensee change their Class A liquor license to a Class R liquor license. Now we currently have four businesses with a Class A liquor license. This amendment would reduce the number of Class A licenses down to four to match with the current number of issued licenses. Attached you will find a red-lined version of the current city code showing this proposed change. Also attached is a draft ordinance to make this change in our code book. 3-3-6: NUMBER OF LICENSES: A. No limitation shall be in effect within the city as to the maximum number of liquor license holders, except with reference to: 1. Number Of Licenses For Classes Al Through A4: Holders of classes Al through A4 which shall not exceed the number of two (2) licenses issued at any given time in an area commencing at the intersection of the center line of Route 47, also known as Bridge Street, and the center line of Van Emmon Street, and running thence west along the center line of Van Emmon Street to the alley; thence in a northerly direction parallel to the center line of said Route 47 to the south bank of the Fox River; thence easterly along the south bank of the Fox River to a point which intersects with the center line of Heustis Street extended; thence along said east line extended in a southerly direction and along the center line of said Heustis Street until said line intersects the center line of Van Emmon Street; thence west along the center line of Van Emmon Street to the intersection of the center line of Route 47; thence westerly along the center line of Van Emmon Street to a point 100 feet westerly of the easterly line of Route 47; thence southerly parallel with Route 47 (the same being Bridge Street) to the point of intersection of the center line of Washington Street; thence easterly along the center line of Washington Street to a point 100 feet easterly of the easterly line of Route 47, the same being Bridge Street thence northerly parallel with the easterly line of Route 47 to its intersection with the center line of Van Emmon Street; thence westerly along the center line of Van Emmon Street to the place of beginning. In any event, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any residential portion of the city'. 2. Additional Retail Type Licenses Issued: The liquor control commissioner shall further have a right to issue up to a total of two three (23) additional retail type licenses inclusive of any of the four (4) existing retail class licenses, in areas outside the above designated downtown area and outside of any residential area subject to approval of the city council, in order to provide for the orderly growth of the city with respect to additional territories being developed and annexed within the city. No licenses in excess of two three (23) additional class Al through A4 licenses, inclusive, shall be issued outside of the downtown area without amendment of this section by the city council. (Ord. 2008-59, 7-8-2008) 3. Maximum Number Of Package (Class B And B1) Liquor Licenses: There shall be no more than nine (9) class B liquor licenses at any one time. There shall be no more than five (5) class B1 liquor licenses at any one time. (Ord. 2008-82, 8-26-2008) 4. Number Of Licenses Required In A Shopping Center: There shall be permitted not more than any one liquor license of any package (B or B1) class in any shopping center up to one hundred thousand (100,000) square feet of gross building floor area. There will be available one additional liquor license of said package class for those shopping centers in excess of one hundred thousand (100,000) square feet of gross building floor area upon approval of the liquor commissioner. (Ord. 2008-59, 7-8-2008) Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS PROVIDING FOR LIQUOR CONTROL WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality pursuant to the Constitution of the State of Illinois of 1970 and with such powers as granted to it by law; WHEREAS, the Liquor Control Act of 1934, 235 ILCS 5/1 - 1 , et seq., (the "Liquor Control Act") sets forth a comprehensive system for the regulation of the sale and distribution of liquor within the state of Illinois, and grants broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it is in the best interests of the public health, safety and welfare of its residents to amend the regulations pertaining to the sale and distribution of liquor as set forth in the City Code of the United City of Yorkville as hereinafter, set forth. 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 3 , Chapter 3, Section 6 (A)(2) of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection 2 in its entirety and replacing it with the following: 2. Additional Retail Type Licenses Issued: The liquor control commissioner shall further have a right to issue up to a total of two (2) additional retail type licenses inclusive of any of the four (4) existing retail class licenses, in areas outside the above designated downtown area and outside of any residential area subject to approval of the city council, in order to provide for the orderly growth of the city with respect to additional territories being developed and annexed within the city. No licenses in excess of two (2) additional class Al through A4 licenses, inclusive, shall be issued outside of the downtown area without amendment of this section by the city council. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 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 A.D. 2009. MAYOR 2 ,SAD C►p Reviewed By: Agenda Item Number i Legal EST. 1836 Finance ❑ Engineer ❑ Tracking Number City Administrator ❑ �© Consultant ❑ PC 2009-09 LE Agenda Item Summary Memo Title: Zoning Ordinance Amendment—Chapter 15, Section 6.13 (Tower and Antenna Regulations) Meeting and Date: City Council - 6/9/09 Synopsis: Amendment regarding new equipment cabinets and structures when located at existing tower facilities. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: o Memorandum leas To: EDC Esr. From: Travis Miller Cc: Lisa Pickering (for distribution) © Date: May 27, 2009 ry e�E ►ti Subject: Proposed Tower and Antenna Regulations Amendment— Chapter 15 Zoning Ordinance Plan Commission Action: The Plan Commission conducted a Public Hearing on May 13, 2009 regarding this Zoning Ordinance text amendment and made a motion to recommend approval of the Zoning Ordinance amendment as presented with a vote of 7 ayes; 0 no Background: The Department of Building Safety has received an application to install a new antenna on an existing telecommunications tower(1421 S. Bridge Street). In addition to the new antenna the applicant is also seeking to erect an equipment shelter. As staff reviewed this application against the provisions of Section 10-15 of the Municipal Code (Tower and Antenna Regulations of the Zoning Code) it was determined that a front yard setback of 50' (subject property is zoned B-3) is required. Section 10-15-3M states: "Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5K of this chapter." (This subsection provides some standards regarding equipment shelters and cabinets.) Section 10-15-5K1 provides guidance regarding the maximum size of equipment shelters, but does not provide guidance regarding any locational standards for equipment shelters (i.e.,what setbacks, if any, should be applied). Failing to provide locational standards within the Tower/Antenna section, results in relying on the locational standards found in Section 10-3-5 (accessory buildings). This results in a front yard setback requirement of 50' which will require a petitioner to seek a dimensional variance in order to accommodate an equipment shelter on any typical tower site. Staff Comments: Staff has concerns regarding processing dimensional variance requests of such significance in terms of the percentage of a variance which would be necessary in any zoning district. Chapter 15 includes provision (10-15-2.P) "collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers" supporting the desire for collocations, as opposed to constructing new towers. Given the lack of criteria for locational requirements for equipment structures, staff recommends the intention of this ordinance is to allow for equipment shelters (up to 3 per tower per 10-15-5.K)without regard to lot setback requirements. The proposed modification would allow for necessary equipment structures to accompany collocation antennas on preexisting towers without a need for meeting the setback requirements which would be applied to new towers. 1 EXISTING ZONING ORDINANCE TEXT WITH RECOMMENDED AMENDMENT: April 28, 2009 10-15-6: NONCONFORMING USES: B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. Additional Equipment Cabinets and Equipment Structures to accommodate collocations shall not be deemed new construction. Chapter 15 TOWER AND ANTENNA REGULATIONS 10-15-1: DEFINITIONS: ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA: Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA: The federal aviation administration. FCC: The federal communication commission. HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1)placed, such as a rooftop, lighting standard, or existing tower, or 2)replacing, such as a school athletic field light standard. PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as defined by the FCC or any successor agency. PERSONAL WIRELESS SERVICES: Commercial mobile services,unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. I TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. TOWER AND ANTENNA ORDINANCE: Shall refer to this chapter. UNLICENSED WIRELESS SERVICE: That service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. (Ord. 2000-8, 3-23-2000) 10-15-2: APPLICABILITY: A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet(80') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet(10'). C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections 10-15-3E, F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee as of January 1 following the effective date hereof. D. AM Array: For purposes of implementing this chapter, AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 2000-8, 3-23-2000) 10-15-3: GENERAL REQUIREMENTS: A. Special Or Miscellaneous Use: Antennas and towers may be considered either special or miscellaneous uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. 2 B. Lot Size: For purposes of determining whether the installation or a tower or antenna complies with Yorkville's development regulations, including,but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics: Towers and antennas shall meet the following requirements: 1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required,the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. G. State Or Federal Requirements: All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six(6)months of the effective date of such standards and regulations,unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 3 H. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and BOCA building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty(30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. I. Measurement: For purposes of measurement,tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. J. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. K. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet(250') of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of"abutting" nor in calculating the two hundred fifty feet(250'). L. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC. M. Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5K of this chapter. N. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. O. Antenna On Existing Structures: Any antenna which is not attached to a tower may be approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight(8) or more dwelling units, provided: 4 1. The antenna does not extend more than thirty feet(30') above the highest point of the structure; 2. The antenna complies with all applicable FCC and FAA regulations; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection H of this section. P. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers,provided such collocation is accomplished in a manner consistent with the following: 1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower,unless the zoning officer allows reconstruction as a monopole. 2. Height: a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet (30') over the tower's existing height, such height not exceeding one hundred fifty feet(150') in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection P2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection P2a of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations. 3. On Site Location: a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet(50') of its existing location. b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. c. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter. 5 d. The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in subsection P and the requirements of this subsection; c)the tower meets the setback and separation requirements in subsection 10-15-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet (120') in height; b. For two (2)users, up to one hundred fifty feet (150') in height; and c. For three (3) or more users,up to and including one hundred eighty feet(180') in height. Q. Roadway Access: All sites on which antenna, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7)thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. R. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6') in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. S. Disguised Structures: The provider of an antenna, antennastructure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a manner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. (Ord. 2000-8, 3-23-2000) T. Annual Administrative Fee And Certifications: 6 1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be due on or before January 10 of each calendar year commencing with calendar year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be filed with the city under the terms of this subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. (Ord. 2001-51, 9-21-2001) The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or co-locator on a tower. U. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in section 10-14-9 of this title, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. V. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2000-8, 3-23-2000) 10-15-4: PERMITTED USES: A. General: The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a flood plain, so long as said antennas or towers conform to all other requirements of this title: 1. Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville,particularly and expressly including Yorkville's water tower sites, 7 and city hall and police station sites,provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. 2. Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections 10-15-3D through V of this chapter. 3.No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) 10-15-5: SPECIAL USES AND MISCELLANEOUS USES: A. General Provisions: 1. Radio and telecommunications antenna, antenna structures and towers used for personal wireless facilities, personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. 2. In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. 5. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1 (one-family residence_golf course,public utility facilities,public service use facilities with radio or TV tower sites only), R-2 (one-family residence _golf course, public utility facilities,public service use facilities with radio or TV tower sites only), B-1 (limited business district), B-2 (general business district), B- 3 (service business district), B-4 (business district), and A-1 (agricultural district). 6. Antennas, antenna structures and towers shall be allowed as miscellaneous uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1 (limited manufacturing district), and M-2 (general manufacturing district). 8 B. Information Required: In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access,parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: 1. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit,platted residentially zoned properties and unplatted residentially zoned property; 3. The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection 10-15-31) of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; 5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6. A description of compliance with subsections 10-15-3C, E,F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville; 9. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. 9 C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-14-6 of is title. The city of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; and 8. Availability of suitable existing antennas, antenna structures,towers, alternative power structures and other structures, or alternative technologies not requiring the use of towers or structures as discussed elsewhere in this chapter. D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve (12) linear feet. E. Setbacks And Separation: 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: 10 a. Separation from off site uses/designated area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in table 1 of this section. (2) Separation requirements for towers shall comply with the minimum standards established in table 1 of this section. TABLE 1 Off Site Use/Designated Area Separation Distance Single-family or duplex residential 500 feet units principal building Vacant single-family or duplex 500 feet residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired Vacant unplatted residentially 500 feet zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex Existing multi-family residential units 100 feet or 100 percent of the tower greater than duplex height, whichever is greater Nonresidentially zoned lands or None. Only setbacks apply nonresidential The Fox River or any watercourse 500 feet, as measured from the shore Major highways 500 feet, from the right of way b. Separation distances between towers: (1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base,pursuant to a site plan, of the proposed tower. The separation distances 11 (listed in linear feet) shall be as shown in table 2 of this section. TABLE 2 Existing Towers Types Minimum Separation Distances Monopole Monopole Lattice Guyed > 75 < 75 Feet High Feet High Lattice 1,000 1,500 F 500 250 Guyed 1,000 1,750 F1,500 1,250 Monopole 500 1,500 250 250 > 75 feet high Monopole 250 1 250 < 75 feet high F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources, the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or tower that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC,whichever shall constitute the smallest signage area. H. Preservation Of Landscape: Existing mature tree growth andnatural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. I. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services,personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried. J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio 12 band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets: 1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent(20%) of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty(450) square feet,whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible.No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4') in height or twenty four(24) square feet of gross floor area and the cabinet/structure is located in a minimum of six feet (6') from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42)to forty eight inches (48") and a planted height of at least thirty six inches (36"). b. In a rear yard,provided the cabinet or structure is no greater than six feet(6') in height or sixty four(64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by asolid fence six feet (6') in height or a hedge with an ultimate height of eight feet (8') and a planted height of thirty six inches (36"). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet(6') in height or sixty four(64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet(8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6') in height or a hedge with an 13 ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). L. Code Requirements: Any antenna, antenna structure, or tower must meet code requirements established by the national electrical code,NFPA 70 and BOCA building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Engineering Justification: No new tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the zoning board that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the zoning board related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of the following: 1. No existing antennas, antenna structures or towers are located within the geographic area required to meet petitioner's engineering requirements; 2. Existing antennas, antenna structure, towers or other structures are not of sufficient height to meet petitioner's engineering requirements. 3. Existing antennas, antenna structures, towers or other structures do not have sufficient height to meet petitioner's engineering requirements; 4. The petitioner's proposed antenna, antenna structure or tower would cause electromagnetic interference with the existing antenna, antenna structure or tower or the antenna on the existing structure would cause interference with the petitioner's proposed antenna. 5. The fees, costs, or contractual provisions required by the owner in order to share an existing antenna, antenna structure, or tower or to adapt to an existing antenna, antenna structure, or tower are unreasonable. Costs exceeding new antenna, antenna structure, or tower development are considered unreasonable. 6. The petitioner demonstrates that there are other limiting factors that render existing antenna, antenna structures, or towers or other structures unsuitable. 7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low powered transmitters and receivers attached to a wire line system, is unsuitable. Cost of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable. 14 N. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve (12) months or for which the annual administrative fee is not paid within a twelve (12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety(90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety(90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. O. Collocation: A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the zoning board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. (Ord. 2000-8, 3-23-2000) 10-15-6: NONCONFORMING USES: A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. Additional Equipment Cabinets and Equipment Structures to accommodate collocations shall not be deemed new construction. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers: Notwithstanding any provision in this chapter to the contrary, bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty(180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 10-15-5N of this chapter. (Ord. 2000-8, 3-23-2000) 15 10-15-7: ANNUAL REPORTING OF INFORMATION: Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville, with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas,plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna, plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect. (Ord. 2000-8, 3-23-2000) 16 Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR TOWER AND ANTENNA REGULATIONS WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; 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, Chapter 15, Section 6(B), of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection B in its entirety and replacing it with the following: B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. Additional Equipment Cabinets and Equipment Structures to accommodate collocations shall not be deemed new construction. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. City Clerk 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 2 X14. D CO. Reviewed By: Agenda Item Number a� �+ Legal ❑ Finance F-1 EST. � � leas Engineer ❑ ~=� Tracking Number y City Administrator ❑ ALL? Consultant ❑ EDC 2009-17 aLE ❑ Agenda Item Summary Memo Title: Sign Ordinance Amendment—Temporary Sign Regulation Meeting and Date: City Council - 6/9/09 Synopsis: Amendments providing certain portable signs be permitted temporarily in business and industrial zones. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ° clr, Memorandum O To: EDC EST. 1Z leas From: Travis Miller CC. Lisa Pickering (for distribution) 0 [� Date: April 28, 2009 C .d -, Subject: EDC 2009-17 Sign Ordinance Revisions—Temporary Sign <LE v Regulation Background: The EDC discussed issues related to the current Sign Ordinance, specifically the regulation of temporary signs for businesses. The current regulation is not clear regarding what type of temporary signs are permissible beyond Grand Opening event signage. The EDC directed staff to revise the regulation to include provisions for businesses to display temporary signs for special events/sales. Staff Comments/Recommendation: The attached draft ordinance is the current Municipal Code Chapter 11 (Sign Ordinance)with staff recommended revisions redlined. The recommended revisions include: 1. Refining the definition of`Grand Opening Temporary Sign' to exclude a duration. 2. Refining the definition of`Portable Signs' to exclude `Trailer Signs'. 3. Creating a definition for `Trailer Signs'. 4. Removing `portable signs' from the prohibited list. 5. Adding `trailer signs' to the prohibited list. 6. Removing language from the Temporary Signs list under Business Zoning Districts which is repetitive of language in the Temporary Sign Frequency and Duration section (8-11-12.C). 7. Adding `Banners' and `Portable Signs' to the Business and Industrial Temporary Sign lists. 8. Increasing the frequency (45 days) for Grand Opening Temporary Signs 9. Increasing the frequency (times per year) for `Portable Signs' and `Banners'. 10. Allowing searchlights and cold air inflatable devices once per year(currently allowable only once per business). Revised May 27.2009 CHAPTER 11 SECTION: 8-11-1 Principles 8-11-2 General Purpose 8-11-3 Scope 8-11-4 Definitions 8-11-5 Signs Exempt from this Chapter 8-11-6 General Provisions 8-11-7 Prohibited Signs 8-11-8 Permitted Signs—Residential Zoning Districts 8-11-9 Permitted Signs—Business Zoning Districts 8-11-10 Permitted Signs—Manufacturing Zoning Districts 8-11-11 Nonconforming Signs 8-11-12 Permitting Procedures 8-11-1 PRINCIPLES.The provisions of this Article recognize that: A. There is a significant relationship between the manner inlwhich signs are displayed and public safety and the value,quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8-11-2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable,orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. 1 Revised May 27.2009 E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly,it is deemed necessary and in the public interest to regulate signs.To this end,this Article: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size,location,height,installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11-3 SCOPE. The regulations of this section shall govern and control the erection,enlargement,expansion,alteration,operation,maintenance,relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs,by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8-11-4 DEFINITIONS. A. Animated,flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning, Canopy or Marquee Sign.A sign that is mounted or painted on,or attached to,an awning,canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings,canopies and marquees shall be in accordance with the Yorkville Building Code. C. Banner.Any sign of lightweight fabric or similar material that is displayed on a pole or building.National, state or municipal flags,official flags of any institution or business shall not be considered banners. 2 Revised May 27.2009 D. Billboard.An off-premise advertising sign which directs attention to a business, commodity,service or entertainment conducted, sold,or offered at a location other than the lot on which the sign is located. E. Business Sign.A sign which directs attention to a business or profession conducted,or to a commodity or service sold,offered or manufactured,or to an entertainment offered, on the premises where the sign is located or to which it is affixed.A business sign shall be a wall,canopy,awning,marquee,or window sign. F. Cold air Inflatable Device.An inflatable device,without a frame,used as a portable sign for promotions,sales or special events.A cold air balloon shall be ground mounted. G. Construction Sign.A sign erected on a lot on which construction is taking place,indicating the names of the architects,engineers,landscape architects, contractors,and similar artisans,and the owners, financial supporters,sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. H. Freestanding Sign.Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. 1. Grand Opening Temporary Sign.A temporary sign used for the purpose of advertising a grand opening of a new business,"rand opening temporary sign may Deleted: A grand opening temporary be a wall mar uee cano awnin or freestandin si n. Promotions annivers sign maybe displayed only within 180 q , Py, g, g g , � days of issuance of an occupancy sales, special sales,or going-out-of-business sales do not apply. certificate. J. Ground Mounted/Monument Sign.A sign that is supported on a base that is equal in width and depth to the frame of the sign itself.A ground mounted/monument sign must be constructed of materials to match the principal structure. K. Identification Sign.A sign giving the name and address of a residential building,business,development,industry,or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.An identification sign shall be a freestanding,wall,canopy,awning,or marquee sign. L. _Menu Board Sign.A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. M. Message Board Sign.A sign designed so that characters,letters or illustrations can be changed manually or electronically without altering the face or surface of the sign.Electronic message boards must have a minimum duration time of twenty-four hours and no transition effects. 3 Revised May 27,2009 N. Pole Sign.A freestanding sign supported by column or columns whose total width is less than 50%of the sign face depth. O. Portable Sign.,&movable sign, excluding Trailer Signs,that is not attached to a Deleted:a sign attached to or mounted g structure or affixed to the ground or surface u on which it is located,including A- upon a frame intended to be moved from p place to place. frame and sandwich-board signs. P. Projecting Sign.A sign which in whole or in part is dependant upon the building for support and project more than twelve(12)inches from such building, except for awning,canopy and marquee signs. Q. Real Estate Sign.A sign indicating the sale,rental,lease,or development of the lot,a portion of the lot,or a building on the lot on which the sign is located.A real estate sign shall be a wall or freestanding sign. R. Roof Sign.A sign that is wholly dependant upon a building for support or mounted on the roof,which project more than six(6)inches above the highest point of a building or roof to which they are attached. S. Snipe Signs.A temporary or permanent non-governmental signs in a public right-of-way which is tacked,nailed,posted,pasted,glazed or otherwise affixed to a pole, stake,fence,traffic sign,traffic control device,utility pole,tree or the ground. T. Temporary Signs.Any sign,banner,pennant, streamer,or advertising display constructed of cloth,canvas,light fabric,cardboard,wallboard, or other lightweight material. U. Trailer Sign.A sign mounted on a chassis with or without wheels. V. Vehicle Sign.Any vehicle primarily situated to serve as a sign rather than as transportation.An automobile,van,or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. W. Wall Sign.A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for,or forms the background surface of,the sign and which does not project more than twelve(12) inches from such building or structure. X. Wind Feather.Also known as Wind Flag,Teardrop Banner and Blade. Fabric or plastic attention getting devices supported by a single pole and having a tall,narrow orientation whose rotation is determined by the wind direction. Y. Window Sign.A sign which is applied or attached to or located within three(3) feet of the interior of a window,which sign may be seen through the window from the exterior of the structure. 4 Revised May 27.2009 8-11-5 SIGNS EXEMPTED FROM THIS CHAPTER.Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations of this Chapter: A. Flags, symbols or crests of nations,states,cities or political,fraternal,religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national,local or religious holiday,celebration or anniversary provided that such decorations shall not be displayed for more than sixty(60)consecutive days. C. Signs four(4) square feet or less in area and five(5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards,message boards,and similar devices no greater than thirty-two (32)square feet in area, five(5)feet high and not in the vision triangle,used solely to give information about and accessory to a public,charitable,educational or religious institution located on the lot. E. Legal notices,identification,informational,directional,traffic or other sign erected or required by governmental authorityY Deleted: under any law,statute or ordinance F. Memorial signs or tablets eight(8)square feet or less in area,containing the names of a building and the date of construction,when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non- combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50%of the window area,excluding glass doors. H. Real estate signs four(4)square feet or less in area,provided that no more than one(1)such sign shall be permitted in each yard abutting a street.Real estate signs shall be freestanding signs and set back a minimum of five(5)feet from any lot line and shall be five(5)feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility,provided such signs are thirty-six(36)square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision.Each type of model home is allowed one(1)sign not to exceed eight(8)square feet in area and five(5)feet in height. Such sign shall be 5 Revised May 27.2009 located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing,""Beware of Dog"and other similar warning signs four(4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) of the building less than three(3) square feet on single and two family dwellings and five(5)square feet for multi-family dwellings. M. Garage sale,farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four(4)square feet in area. N. Building interior signage O. Political signs. Signs sixteen(16)square feet or less in area and announcing candidates for political office or political issues,provided that such signs shall not be displayed more than sixty(60)days before any election and shall be removed within five(5)days after said election. P. Construction signs under eight(8)square feet. Q. Window signs covering no more than 60%of the window area excluding glass doors. R. Permanent,non-flashing signs on vending machines,gas pumps,ice and propane storage units. S. Wind Feathers of solid color,sixteen(16)feet or less in height,made of non-plastic fabric or nylon material and containing no text,logos or images. 8-11-6 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle,circle,triangle or combination thereof that will encompass the extreme limits of the writing representation,emblem or other display,together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.It does not include any supporting framework,bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.A double faced sign shall count as a single sign. 6 Revised May 27.2009 B. Sign Height.The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements.Except as otherwise provided,signs shall be located at least five(5)feet from any driveway and lot line.Furthermore,no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way.No sign having a height more than thirty(30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty-five(25)feet from the point of intersection of two (2)street right-of-way lines forming such a corner lot. D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located.Exposed light bulbs,neon tubing,flashing,blinking,traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11:00 p.m. and 5:00 a.m.unless the use to which the sign pertains is open. E. Sign Maintenance. The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1. Signs shall be maintained in a neat and orderly condition and good working order,including illumination sources,at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance,any temporary sign installed for a period of thirty(30)days or more,or any sign which pertains to a time,event,or purpose which no longer applies,shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six(6)months or more.An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(30) days. G. Removal of Signs Any sign found to be improperly maintained,abandoned or 7 Revised May 27.2009 otherwise in violation of this ordinance which is not removed or repaired within thirty (30)days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8-11-7 PROHIBITED SIGNS.The following signs shall not be permitted: A. Moving, animated and flashing signs,except electronic message boards. B. Roof signs. C. Vehicle signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape,door,window,or other exit or entrance. F. Signs which,by reason of size,location,content,color,or manner of illumination,obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "Stop," "Look," "One-way," "Danger," "Yield"or any similar word,phrase,symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I. ,Trailer sus,except directional or informational signs exempted by Section 8- — �eieted:Portable 11-5.E of this Chapter, �eieted:. J. Searchlights,except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving,rotating or animated signs except traditional barber poles not exceeding two(2)feet in height and projecting not more than twelve(12)inches from the building utilized only to identify a hair cutting establishment. 8 Revised May 27,2009 8-11-8 PERMITTED SIGNS—AGRICULTURAL,FLOOD ZONE& RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS L Free standing identification or business sign.All non-residential uses in the agricultural,flood zone and residential zoning districts may have one free standing business or identification.Non-residential uses in the agricultural,flood zone and residential zoning districts on a corner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two(32)square feet or less in area,five(5)feet or less in height and setback at least ten(10)feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick,stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign.All non-residential uses in the agricultural,flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of-way.No more than 50%of the building mounted sign area may be composed of a message board sign.Building mounted signage can not extend more than 75%of the building fagade of the building to which it is attached, 3. Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs,one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height and constructed out of premium building materials such as brick or stone.For the purposes of this provision this sign may be installed in two components,one on each side of the street. B. TEMPORARY SIGNS 1. Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area or five(5)feet in height. 2. Residential Marketing signs at major entrances to residential subdivisions 9 Revised May 27.2009 not to exceed one hundred(100)square feet and twelve(12)feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four(4)off- site locations,and shall be no greater than one hundred(100) square feet in area and twelve(12)feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter(1/4)mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred(100)feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One(1)grand opening sign not to exceed thirty-two square feet in area and eight(8)feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two(32)square feet in area and five(5)feet in height. 8-11-9 PERMITTED SIGNS—BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1. Free Standing Business Sign On lots less than three acres with one(1)street frontage one(1)free standing business sign thirty-two square feet or less feet in area and eight(8)feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage ,one(1)free standing business sign sixty square feet or less in area and eight feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign sixty-four square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick,stone or masonry material that the exterior walls 10 Revised May 27.2009 of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall not exceed two(2)square feet for each one(1)lineal foot of the facade of the building with a public entrance.No wall sign shall extend more than 75%of the width of the building facade to which it is attached. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s) shall not exceed two(2)square feet in area for each one(1)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.No wall sign shall extend more than 75%of the width of that part of the building facade in which it is located. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Searchlights Deleted:Searchlights for a grand 2. Cold air inflatable devices opening only for a period of time not¶ to exceed seventy-two(72)hours.¶ — 3. Grand opening sign. One(1)grand opening sign not to exceed thirty-two Deleted:One cold air inflatable device square feet in area and eight(8)feet in height. for a grandl opening only for a period of time not to exceed seventy-two(72)hours.¶ 4. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area and five (5)feet in height. _5. Construction signs. One construction sign per lot not to exceed thirty-two 11 Revised May 27.2009 (32)square feet in area and five(5)feet in height. 6. Wind feathers not exempted by Section 8-11-5.S of this Chapter.No limit on the quantity per lot. Time period not to exceed thirty(30)days. 7. Banners. One Special Business Event sign per business not to exceed thirty-two(32)square feet in area. 8. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 8-11-10 PERMITTED SIGNS—MANUFACTURING ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one(1)street frontage,one free standing business sign shall be allowed. Said sign shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height.If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage,one(1)free standing business sign shall be allowed Said sign shall be a maximum of sixty-four(64)square feet or less in area and eight(8)feet or less in height shall be allowed.If the lot has more than one street frontage,one(1)free standing business sign sixty-four square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made o£ The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 12 Revised May 27.2009 2. Building mounted Business/Identification Signs a. Single—use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two(2)square feet or less in area for each one(1)lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s) shall be two(2)square feet or less in area for each one(1)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.All business and identification signs shall be wall,awning,canopy or marquee signs. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five(5)feet in height. 2. Construction signs.One construction sign per industrial lot not to exceed thirty-two(32)square feet in area and ten(10)feet in height. 3. j3anners/Special Business Event sign. One Special Business Event sign per Deleted:3. business not to exceed thir -two(3�square feet in area and te�10)feet Deleted:industrial lot in height. 4. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 5. Wind feathers not exempted by Section 8-11-5 S of this Cater.No limit_ Deleted: ¶ on the quantity per lot. Time period not to exceed thirty(30)days. 14. 8-11-11 NONCONFORMING SIGNS 13 Revised May 27.2009 A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans,provided construction of the sign is started within ninety(90)days after the passage of the ordinance amendment and is completed within sixty(60)days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6)months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not,after being discontinued or abandoned,be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted,including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty(50)percent or more of the replacement value at the time,the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage or destruction is less than fifty (50)percent of its replacement value based upon prevailing costs,the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance.In either event,a permit for restoration or repair must be applied for within a period of thirty(30)days from the date of damage or destruction, and be completed within sixty(60)days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit,but in no case later than six(6)months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 8-11-12 PERMITTING PROCEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected,enlarged,expanded,altered or relocated unless the person proposing to erect,alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the 14 Revised May 27.2009 applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone,be considered an alteration of the sign requiring the issuance of a permit,unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporary sign shall file a permit_application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination,if any,and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s)on the lot and a_drawing indicating the location of the sign(s)on any building or structure on the lot. 3. A sketch,drawn to scale,showing sign faces, exposed surface areas and-the proposed message and design,accurately represented as to size,area,proportion and color. 4. The written consent of the owner(s)or agent of the building,structure,or land on which the sign is erected. 5. The name,address and phone number of the applicant. 6. The name of the person,firm, corporation or association erecting,altering or moving the sign. C. Temporary Sign Permit Frequency and Duration per business: Type of Sign Maximum Duration Maximum frequency Banners 14 days Live ti e ti mes der year _ Deietea:three portable4 days five per year Deleted:Special sale business Commercial real estate 6 months renewable Deleted:event Industrial real estate _6 months renewable Deleted:three Residential marketing _6 months renewable Grand opening 45 days_ _ _onceper business — Deleted:so Cold Air Inflatable Device _72 hours _once perms Deleted:business Searchlights 72 hours _once perms Deleted:business Wind Feather 30 days($25 fee) renewable($5 fee) Construction during active building permit issuance 15 Revised May 27.2009 SECTION 8-11-13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements,the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: I. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty(40)mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 16 Revised June 3,2009 CHAPTER 11 SECTION: 8-11-1 Principles 8-11-2 General Purpose 8-11-3 Scope 8-11-4 Definitions 8-11-5 Signs Exempt from this Chapter 8-11-6 General Provisions 8-11-7 Prohibited Signs 8-11-8 Permitted Signs—Residential Zoning Districts 8-11-9 Permitted Signs—Business Zoning Districts 8-11-10 Permitted Signs—Manufacturing Zoning Districts 8-11-11 Nonconforming Signs 8-11-12 Permitting Procedures 8-11-1 PRINCIPLES. The provisions of this Article recognize that: A. There is a significant relationship between the manner inlwhich signs are displayed and public safety and the value,quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8-11-2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable,orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. 1 Revised June 3,2009 E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly,it is deemed necessary and in the public interest to regulate signs.To this end,this Article: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size,location,height,installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11-3 SCOPE. The regulations of this section shall govern and control the erection,enlargement, expansion,alteration,operation,maintenance,relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs,by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8-11-4 DEFINITIONS. A. Animated, flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning,Canopy or Marquee Sign.A sign that is mounted or painted on, or attached to, an awning,canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings,canopies and marquees shall be in accordance with the Yorkville Building Code. C. Banner.Any sign of lightweight fabric or similar material that is displayed on a pole or building.National, state or municipal flags,official flags of any institution or business shall not be considered banners. 2 Revised June 3,2009 D. Billboard.An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold,or offered at a location other than the lot on which the sign is located. E. Business Sign.A sign which directs attention to a business or profession conducted,or to a commodity or service sold,offered or manufactured,or to an entertainment offered, on the premises where the sign is located or to which it is affixed.A business sign shall be a wall,canopy,awning,marquee,or window sign. F. Cold air Inflatable Device.An inflatable device,without a frame,used as a portable sign for promotions,sales or special events.A cold air balloon shall be ground mounted. G. Construction Sign.A sign erected on a lot on which construction is taking place,indicating the names of the architects,engineers,landscape architects, contractors,and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. H. Freestanding Sign.Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. I. Grand Opening Temporary Sign.A temporary sign used for the purpose of advertising a grand opening of a new business.A grand opening temporary sign may be a wall,marquee,canopy,awning,or freestanding sign.Promotions,anniversary sales,special sales,or going-out-of-business sales do not apply. J. Ground Mounted/Monument Sign.A sign that is supported on a base that is equal in width and depth to the frame of the sign itself.A ground mounted/monument sign must be constructed of materials to match the principal structure. K. Identification Sign.A sign giving the name and address of a residential building,business,development,industry,or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol.An identification sign shall be a freestanding,wall,canopy, awning,or marquee sign. L. Menu Board Sign.A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. M. Message Board Sign.A sign designed so that characters,letters or illustrations can be changed manually or electronically without altering the face or surface of the sign.Electronic message boards must have a minimum duration time of twenty-four hours and no transition effects. 3 Revised June 3,2009 N. Pole Sign.A freestanding sign supported by column or columns whose total width is less than 50%of the sign face depth. O. Portable Sign.A movable sign,excluding Trailer Signs,that is not attached to a structure or affixed to the ground or surface upon which it is located,including A- frame and sandwich-board signs. P. Projecting Sign.A sign which in whole or in part is dependant upon the building for support and project more than twelve(12)inches from such building,except for awning,canopy and marquee signs. Q. Real Estate Sign.A sign indicating the sale,rental,lease,or development of the lot,a portion of the lot, or a building on the lot on which the sign is located.A real estate sign shall be a wall or freestanding sign. R. Roof Sign.A sign that is wholly dependant upon a building for support or mounted on the roof,which project more than six(6)inches above the highest point of a building or roof to which they are attached. S. Snipe Signs.A temporary or permanent non-governmental signs in a public right-of-way which is tacked,nailed,posted,pasted,glazed or otherwise affixed to a pole, stake,fence,traffic sign,traffic control device,utility pole,tree or the ground. T. Temporary Signs.Any sign,banner,pennant,streamer,or advertising display constructed of cloth,canvas,light fabric,cardboard,wallboard,or other lightweight material. U. Trailer Sign.A sign mounted on a chassis with or without wheels. V. Vehicle Sign.Any vehicle primarily situated to serve as a sign rather than as transportation.An automobile,van,or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. W. Wall Sign.A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for,or forms the background surface of,the sign and which does not project more than twelve(12) inches from such building or structure. X. Wind Feather.Also known as Wind Flag,Teardrop Banner and Blade. Fabric or plastic attention getting devices supported by a single pole and having a tall,narrow orientation whose rotation is determined by the wind direction. Y. Window Sign.A sign which is applied or attached to or located within three(3) feet of the interior of a window,which sign may be seen through the window from the exterior of the structure. 4 Revised June 3,2009 8-11-5 SIGNS EXEMPTED FROM THIS CHAPTER.Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations of this Chapter: A. Flags, symbols or crests of nations, states,cities or political,fraternal,religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national,local or religious holiday,celebration or anniversary provided that such decorations shall not be displayed for more than sixty(60)consecutive days. C. Signs four(4)square feet or less in area and five(5)feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards,message boards,and similar devices no greater than thirty-two (32)square feet in area,five(5)feet high and not in the vision triangle,used solely to give information about and accessory to a public,charitable,educational or religious institution located on the lot. E. Legal notices,identification,informational,directional,traffic or other sign erected or required by governmental authority. F. Memorial signs or tablets eight(8)square feet or less in area, containing the names of a building and the date of construction,when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non- combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50%of the window area,excluding glass doors. H. Real estate signs four(4)square feet or less in area,provided that no more than one(1)such sign shall be permitted in each yard abutting a street.Real estate signs shall be freestanding signs and set back a minimum of five(5)feet from any lot line and shall be five(5)feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility,provided such signs are thirty-six(36)square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one(1) sign not to exceed eight(8)square feet in area and five(5)feet in height. Such sign shall be 5 Revised June 3,2009 located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing,""Beware of Dog"and other similar warning signs four(4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) of the building less than three(3) square feet on single and two family dwellings and five(5)square feet for multi-family dwellings. M. Garage sale,farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four(4)square feet in area. N. Building interior signage O. Political signs. Signs sixteen(16)square feet or less in area and announcing candidates for political office or political issues,provided that such signs shall not be displayed more than sixty(60)days before any election and shall be removed within five(5)days after said election. P. Construction signs under eight(8)square feet. Q. Window signs covering no more than 60%of the window area excluding glass doors. R. Permanent,non-flashing signs on vending machines,gas pumps,ice and propane storage units. i Deleted:s. Deleted: Wind Feathers of solid color, 8-11-6 GENERAL PROVISIONS. sixteen(16)feet or less in height,made of non-plastic fabric or nylon material and containing no text,logos or images.¶ A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle,circle,triangle or combination thereof that will encompass the extreme limits of the writing representation,emblem or other display,together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework,bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.A double faced sign shall count as a single sign. 6 Revised June 3,2009 B. Sign Height.The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements.Except as otherwise provided, signs shall be located at least five(5)feet from any driveway and lot line.Furthermore,no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way.No sign having a height more than thirty(30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty-five(25)feet from the point of intersection of two (2)street right-of-way lines forming such a corner lot. D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located.Exposed light bulbs,neon tubing,flashing,blinking,traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11:00 p.m. and 5:00 a.m.unless the use to which the sign pertains is open. E. Sign Maintenance. The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1. Signs shall be maintained in a neat and orderly condition and good working order,including illumination sources,at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty(30)days or more,or any sign which pertains to a time,event,or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six(6)months or more.An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(30) days. G. Removal of Signs Any sign found to be improperly maintained,abandoned or 7 Revised June 3,2009 otherwise in violation of this ordinance which is not removed or repaired within thirty (30)days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8-11-7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Moving,animated and flashing signs,except electronic message boards. B. Roof signs. C. Vehicle signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape,door,window,or other exit or entrance. F. Signs which,by reason of size,location,content, color,or manner of illumination,obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "Stop," "Look," "One-way," 'Danger," "Yield" or any similar word,phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I. Trailer signs,except directional or informational signs exempted by Section 8- 11-5.E of this Chapter. J. Searchlights,except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving,rotating or animated signs except traditional barber poles not exceeding two(2)feet in height and projecting not more than twelve(12)inches from the building utilized only to identify a hair cutting establishment. 8 Revised June 3,2009 8-11-8 PERMITTED SIGNS—AGRICULTURAL,FLOOD ZONE& RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing identification or business sign.All non-residential uses in the agricultural,flood zone and residential zoning districts may have one free standing business or identification.Non-residential uses in the agricultural,flood zone and residential zoning districts on a corner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two(32)square feet or less in area,five(5)feet or less in height and setback at least ten(10)feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick,stone or masonry material that the exterior walls of the principal building is made o£ The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign.All non-residential uses in the agricultural,flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of-way.No more than 50%of the building mounted sign area may be composed of a message board sign.Building mounted signage can not extend more than 75%of the building fagade of the building to which it is attached, 3. Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs,one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height and constructed out of premium building materials such as brick or stone.For the purposes of this provision this sign may be installed in two components,one on each side of the street. B. TEMPORARY SIGNS 1. Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area or five(5)feet in height. 2. Residential Marketing signs at major entrances to residential subdivisions 9 Revised June 3,2009 not to exceed one hundred(100)square feet and twelve(12)feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four(4)off- site locations,and shall be no greater than one hundred(100)square feet in area and twelve(12)feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter(1/4)mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred(100)feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One(1)grand opening sign not to exceed thirty-two square feet in area and eight(8)feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two(32)square feet in area and five(5)feet in height. 8-11-9 PERMITTED SIGNS—BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1. Free Standing Business Sign On lots less than three acres with one(1)street frontage one(1)free standing business sign thirty-two square feet or less feet in area and eight(8)feet or less in height shall be allowed. If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage,one(1)free standing business sign sixty square feet or less in area and eight feet or less in height shall be allowed. If the lot has more than one street frontage,one(1)free standing business sign sixty-four square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick, stone or masonry material that the exterior walls 10 Revised June 3,2009 of the principal building is made of The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 2. Building mounted BusinessiIdentification Signs a. Single—use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall not exceed two(2)square feet for each one(1)lineal foot of the facade of the building with a public entrance.No wall sign shall extend more than 75%of the width of the building facade to which it is attached. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s)shall not exceed two(2)square feet in area for each one(1)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.No wall sign shall extend more than 75%of the width of that part of the building facade in which it is located. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Searchlights 2. Cold air inflatable devices 3. Grand opening sign. One(1)grand opening sign not to exceed thirty-two square feet in area and eight(8)feet in height. 4. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two(32)square feet in area and five (5)feet in height. 5. Construction signs. One construction sign per lot not to exceed thirty-two 11 Revised June 3,2009 (32) square feet in area and five(5)feet in height. 6. Wind feathers,No limit on the quanta per lot. Time criod not to exceed Deleted: not exempted by Section 8- thirty(30)days. tl-S.SofthisChapter 7. Banners. One Special Business Event sign per business not to exceed thirty-two(32)square feet in area. 8. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 8-11-10 PERMITTED SIGNS—MANUFACTURING ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one(1)street frontage,one free standing business sign shall be allowed. Said sign shall be thirty-two(32)square feet or less in area and eight(8)feet or less in height.If the lot has more than one street frontage,one(1)free standing business sign thirty-two square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one(1)street frontage,one(1)free standing business sign shall be allowed Said sign shall be a maximum of sixty-four(64)square feet or less in area and eight(8)feet or less in height shall be allowed. If the lot has more than one street frontage,one(1)free standing business sign sixty-four square feet or less in area and eight(8)feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s)in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight(8)feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50%of the free standing sign area may be composed of a message board sign. 12 Revised June 3,2009 2. Building mounted Business/Identification Signs a. Single—use building.A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two(2) square feet or less in area for each one(1)lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings.Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located,provided said wall contains a public entrance. The maximum area of such sign(s)shall be two(2)square feet or less in area for each one(1)lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached.All business and identification signs shall be wall,awning,canopy or marquee signs. C. No more than 50%of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five(5)feet in height. 3. Construction signs.One construction sign per industrial lot not to exceed thirty-two(32)square feet in area and ten(10)feet in height. 4. Banners/Special Business Event sign. One Special Business Event sign per business not to exceed thirty-two(3 2)square feet in area and ten(10)feet in height. 5. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 6. Wind feathers,No limit on theAuan6ty per lot. Time Reriod not to exceed_ �eieted. not exempted by Section 8- thirty(30)days. 11-5 S of this Chapter 13 Revised June 3,2009 8-11-11 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans,provided construction of the sign is started within ninety(90)days after the passage of the ordinance amendment and is completed within sixty(60)days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6)months,or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not,after being discontinued or abandoned,be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted,including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty(50)percent or more of the replacement value at the time,the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance.In the event the damage or destruction is less than fifty (50)percent of its replacement value based upon prevailing costs,the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event,a permit for restoration or repair must be applied for within a period of thirty(30)days from the date of damage or destruction, and be completed within sixty(60)days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit,but in no case later than six(6)months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 8-11-12 PERMITTING PROCEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected,enlarged,expanded,altered or relocated unless the person proposing to erect,alter or move such sign shall obtain a permit from the Code 14 Revised June 3,2009 Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council.Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone,be considered an alteration of the sign requiring the issuance of a permit,unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination,if any,and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s)on the lot and a drawing indicating the location of the sign(s)on any building or structure on the lot. 3. A sketch,drawn to scale, showing sign faces,exposed surface areas and the proposed message and design,accurately represented as to size,area,proportion and color. 4. The written consent of the owner(s)or agent of the building,structure,or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm,corporation or association erecting,altering or moving the sign. C. Temporary Sign Permit Frequency and Duration per business: Type of Sign Maximum Duration Maximum frequency Banners 14 days five times per year Portable 14 days five times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 45 days once per business Cold Air Inflatable Device 72 hours once per year Searchlights 72 hours once per year Wind Feather(per property) 30 days($25 fee) renewable($5 fee) 15 Revised June 3,2009 Construction during active building permit issuance SECTION 8-11-13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements,the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty(40)mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 16 Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR THE REGULATION OF SIGNS WHEREAS, the City Code of the United City of Yorkville (the "City"), Kendall County, Illinois, established specific criteria for all signage within its municipal boundaries; and, WHEREAS, it was determined that the provisions of the City Code regulating signage should be reviewed and updated; and, WHEREAS, after considerable review of the ordinance relating to signage and preparation of proposed revisions by the Yorkville Community Development Department and presentation thereof to the Economic Development Committee of the City Council, revisions to the City Code Chapter regulating signage within the United City of Yorkville is recommended. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Yorkville City Code be amended as follows: Section I. Title 8, Chapter 11, of the United City of Yorkville Code of Ordinances is hereby deleted and a new Chapter 11 in the form attached hereto as Exhibit A is to be inserted in its stead. Section 2: 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. City Clerk 1 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 2 Exhibit "A " CHAPTER 11 SECTION: 8-11-1 Principles 8-11-2 General Purpose 8-11-3 Scope 8-11-4 Definitions 8-11-5 Signs Exempt from this Chapter 8-11-6 General Provisions 8-11-7 Prohibited Signs 8-11-8 Permitted Signs—Residential Zoning Districts 8-11-9 Permitted Signs—Business Zoning Districts 8-11-10 Permitted Signs—Manufacturing Zoning Districts 8-11-11 Nonconforming Signs 8-11-12 Permitting Procedures 8-11-1 PRINCIPLES. The provisions of this Article recognize that: A. There is a significant relationship between the manner inlwhich signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8-11-2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable, orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. 1 E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article: 1. Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3. Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11-3 SCOPE. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8-11-4 DEFINITIONS. A. Animated, flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville Building Code. C. Banner. Any sign of lightweight fabric or similar material that is displayed on a pole or building. National, state or municipal flags, official flags of any institution or business shall not be considered banners. 2 D. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. E. Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. F. Cold air Inflatable Device. An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. G. Construction Sign. A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. H. Freestanding Sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. I. Grand Opening Temporary Sign. A temporary sign used for the purpose of advertising a grand opening of a new business. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going-out-of-business sales do not apply. J. Ground Mounted/Monument Sign. A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. K. Identification Sign. A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. L. Menu Board Sign. A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. M. Message Board Sign. A sign designed so that characters, letters or illustrations can be changed manually or electronically without altering the face or surface of the sign. Electronic message boards must have a minimum duration time of twenty-four hours and no transition effects. 3 N. Pole Sign. A freestanding sign supported by column or columns whose total width is less than 50 % of the sign face depth. O. Portable Sign. A movable sign, excluding Trailer Signs, that is not attached to a structure or affixed to the ground or surface upon which it is located, including A- frame and sandwich-board signs. P. Projecting Sign. A sign which in whole or in part is dependant upon the building for support and project more than twelve (12) inches from such building, except for awning, canopy and marquee signs. Q. Real Estate Sign. A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. R. Roof Sign. A sign that is wholly dependant upon a building for support or mounted on the roof, which project more than six(6) inches above the highest point of a building or roof to which they are attached. S. Snipe Signs. A temporary or permanent non-governmental signs in a public right-of-way which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole, tree or the ground. T. Temporary Signs. Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material. U. Trailer Sign. A sign mounted on a chassis with or without wheels. V. Vehicle Sign. Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. W. Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve (12) inches from such building or structure. X. Wind Feather. Also known as Wind Flag, Teardrop Banner and Blade. Fabric or plastic attention getting devices supported by a single pole and having a tall, narrow orientation whose rotation is determined by the wind direction. Y. Window Sign. A sign which is applied or attached to or located within three (3) feet of the interior of a window, which sign may be seen through the window from the exterior of the structure. 4 8-11-5 SIGNS EXEMPTED FROM THIS CHAPTER. Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations of this Chapter: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty(60) consecutive days. C. Signs four(4) square feet or less in area and five (5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty-two (32) square feet in area, five (5) feet high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non- combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four(4) square feet or less in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (5) feet from any lot line and shall be five (5) feet or less in height and shall not be illuminated. I Menu boards accessory to a restaurant drive-up window facility, provided such signs are thirty-six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one (1) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such sign shall be 5 located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing," "Beware of Dog" and other similar warning signs four (4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) of the building less than three (3) square feet on single and two family dwellings and five (5) square feet for multi-family dwellings. A Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four(4) square feet in area. N. Building interior signage O. Political signs. Signs sixteen(16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty(60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than 60% of the window area excluding glass doors. R. Permanent, non-flashing signs on vending machines, gas pumps, ice and propane storage units. 8-11-6 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting framework,bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. 6 B. Sign Height. The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements. Except as otherwise provided, signs shall be located at least five (5) feet from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way. No sign having a height more than thirty(30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty-five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a corner lot. D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11:00 p.m. and 5:00 a.m. unless the use to which the sign pertains is open. E. Sign Maintenance. The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1. Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty(30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six(6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty(30) days. G. Removal of Signs Any sign found to be improperly maintained, abandoned or 7 otherwise in violation of this ordinance which is not removed or repaired within thirty (30) days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8-11-7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. C. Vehicle signs D. Signs which constitute a hazard to public health or safety. E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. F. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. G. Signs which make use of words such as "Stop," "Look," "One-way," "Danger," "Yield" or any similar word,phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. H. Billboards. I. Trailer signs, except directional or informational signs exempted by Section 8- 11-5.E of this Chapter. J. Searchlights, except searchlights for grand openings and special civic events. K. Snipe signs. L. Signs displaying obscene or indecent matter. M. Moving, rotating or animated signs except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) inches from the building utilized only to identify a hair cutting establishment. 8 8-11-8 PERMITTED SIGNS —AGRICULTURAL, FLOOD ZONE & RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing identification or business sign. All non-residential uses in the agricultural, flood zone and residential zoning districts may have one free standing business or identification. Non-residential uses in the agricultural, flood zone and residential zoning districts on a corner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two (32) square feet or less in area, five (5) feet or less in height and setback at least ten(10) feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign. All non-residential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of- way. No more than 50% of the building mounted sign area may be composed of a message board sign. Building mounted signage can not extend more than 75% of the building fagade of the building to which it is attached, 3. Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two components, one on each side of the street. B. TEMPORARY SIGNS 1. Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area or five (5) feet in height. 2. Residential Marketing signs at major entrances to residential subdivisions 9 not to exceed one hundred(100) square feet and twelve (12) feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four(4) off- site locations, and shall be no greater than one hundred(100) square feet in area and twelve (12) feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter(1/4) mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred(100) feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One (1) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 8-11-9 PERMITTED SIGNS —BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1. Free Standing Business Sign On lots less than three acres with one (1) street frontage one (1) free standing business sign thirty-two square feet or less feet in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one (1) street frontage , one (1) free standing business sign sixty square feet or less in area and eight feet or less in height shall be allowed. If the lot has more than one street frontage, one (1) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick, stone or masonry material that the exterior walls 10 of the principal building is made of The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall not exceed two (2) square feet for each one (1) lineal foot of the facade of the building with a public entrance. No wall sign shall extend more than 75% of the width of the building facade to which it is attached. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall not exceed two (2) square feet in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. No wall sign shall extend more than 75% of the width of that part of the building facade in which it is located. C. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Searchlights 2. Cold air inflatable devices 3. Grand opening sign. One (1) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 4. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area and five (5) feet in height. 5. Construction signs. One construction sign per lot not to exceed thirty-two 11 (32) square feet in area and five (5) feet in height. 6. Wind feathers. No limit on the quantity per lot. Time period not to exceed thirty(30) days. 7. Banners. One Special Business Event sign per business not to exceed thirty-two (32) square feet in area. 8. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 8-11-10 PERMITTED SIGNS —MANUFACTURING ZONING DISTRICTS A. PERMANENT SIGNS 1. Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one (1) street frontage, one free standing business sign shall be allowed. Said sign shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height. If the lot has more than one street frontage, one (1) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one (1) street frontage, one (1) free standing business sign shall be allowed Said sign shall be a maximum of sixty-four(64) square feet or less in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting columns if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 12 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner-occupant is in possession and to which the sign is attached. All business and identification signs shall be wall, awning, canopy or marquee signs. C. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY SIGNS 1. Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five (5) feet in height. 3. Construction signs. One construction sign per industrial lot not to exceed thirty-two (32) square feet in area and ten(10) feet in height. 4. Banners/Special Business Event sign. One Special Business Event sign per business not to exceed thirty-two (32) square feet in area and ten(10) feet in height. 5. Portable sign. One Portable Sign per business not to exceed sixteen(16) square feet in area. 6. Wind feathers. No limit on the quantity per lot. Time period not to exceed thirty(30) days. 13 8-11-11 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety(90) days after the passage of the ordinance amendment and is completed within sixty(60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted , including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty(50) percent or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage or destruction is less than fifty (50) percent of its replacement value based upon prevailing costs,the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event, a permit for restoration or repair must be applied for within a period of thirty(30) days from the date of damage or destruction, and be completed within sixty(60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six(6) months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 8-11-12 PERMITTING PROCEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the Code 14 Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporary sign shall file a permit application which shall contain or have attached the following information: 1. A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, accurately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. C. Temporary Sign Permit Frequency and Duration per business: Type of Sign Maximum Duration Maximum frequency Banners 14 days five times per year Portable 14 days five times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 45 days once per business Cold Air Inflatable Device 72 hours once per year Searchlights 72 hours once per year Wind Feather(per property�-30 days ($25 fee) renewable ($5 fee) 15 Construction during active building permit issuance SECTION 8-11-13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1. If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty(40) mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 16 c/Ty Reviewed By: Agenda Item Number ii J� a 0-0 Legal ❑ CA#5 II Finance ❑ EST. , � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K a ry . CC 2009-53 El LE Agenda Item Summary Memo Title: Resolution to Release Closed Session Minutes Meeting and Date: City Council 6/9/09 Synopsis: 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: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2009- A RESOLUTION TO RELEASE CLOSED SESSION MINUTES WHEREAS, the Illinois Open Meetings Act requires all public bodies to keep written minutes of all meetings whether open or closed; and WHEREAS, the minutes of closed sessions are only to be available after the public body determines that it is no longer necessary to protect the public interest or the privacy of an individual by keeping certain minutes confidential; and WHEREAS, every six (6) months, the public body is to determine, in closed session, which minutes may be released for public inspection and which minutes should remain confidential; and WHEREAS, after having reviewed the Minutes of closed meetings, the City Council has determined that but for those minutes itemized on Exhibit "A", attached hereto and made part of, all other minutes of executive sessions shall remain confidential; and WHEREAS, the Corporate Authorities have determined that upon the passage of this Resolution, all the minutes itemized on Exhibit "A" shall be made available for public inspection. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The City Council finds that the Minutes of the closed meetings (executive sessions) as itemized on Exhibit "A", attached hereto, no longer require confidentiality to protect the public interest or the privacy of an individual and are hereby released for public inspection. SECTION 2: All other minutes of closed meetings (executive sessions) shall remain closed to public inspection until further direction by this City Council. Section 3: This Resolution shall be in full force and effect immediately upon its passage. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. CITY CLERK ROBYN SUTCLIFF 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 EXHIBIT "A" Executive Session minutes to be released: January 13, 2004 January 27, 2004 February 10, 2004 March 9, 2004 April 6, 2004—Purchase or Lease of Real Property April 27, 2004 May 11, 2004—Purchase or Lease of Real Property June 22, 2004 July 6, 2004 July 13, 2004—Purchase or Lease of Real Property July 20, 2004 #1 —Purchase or Lease of Real Property July 20, 2004 #2—Purchase or Lease of Real Property July 20, 2004 #3 —Purchase or Lease of Real Property July 27, 2004 August 10, 2004 September 14, 2004 September 28, 2004 October 26, 2004 November 9, 2004 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,APRIL 14,2009 Mayor Burd called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present(arrived 7:30) Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin,Interim Director of Parks and Recreation Olson,Finance Director Mika, Police Lieutenant Hart, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m.,April 21,2009 City Hall Conference Room Economic Development Committee 7:00 P.M.,May 5, 2009 City Hall Conference Room Administration Committee 6:30 p.m.,May 14,2009 City Hall Conference Room Public Safety Committee 6:00 P.M.,April 23,2009 City Hall Conference Room PRESENTATIONS None. PUBLIC HEARINGS Proposed Fiscal Year 2009-2010 Budget Mayor Burd addressed comments made by the press. She stated that there is confusion between the current fiscal year budget and the proposed 2009-2010 budget. She explained that the fund balance is 25%which is savings for a"rainy day"and due to the downturn in the economy funds have been taken from the reserve to balance the 2008-2009 budget. The problem with the General Fund is that revenues have fallen off. The proposed 2009-2010 budget has been balanced through cuts made by staff; every department has cut anywhere from 10%to 22%. She also noted that the city is dealing with several legal issues and that$600,000.00 has been expended in the last two years. She commended the staff for their work on balancing the budget. Mayor Burd opened the floor for public comment. There was no public comment. The public hearing was closed. CITIZEN COMMENTS Frances Dudek,48 Lillian Lane,read a letter to the City Council about the high water table at Kennedy Road and Lillian Lane (see attached). The neighboring Pulte property is causing a drainage problem. She The Minutes of the Regular Meeting of the City Council—April 14,2009—page 2 asked the city to work in a neighborly way and have the property re-graded. Mayor Burd asked the Public Works Committee to look into this as well as other water issues in the city because there have been complaints from several areas regarding drainage and changes in the water table. Alderman Besco agreed to place it on a Public Works Committee agenda. Dan O'Malley, a neighbor of Mrs. Dudek, explained that his father saw that the drainage tile was cut when the Pulte pond was constructed. He stated that water is flooding backyards and has come up to 1" under his floor and that when the pond was drained two weeks ago which seemed to help a little bit. George Gilson,498 Sunflower Court, commented on the temporary wind energy ordinance. He felt it was a band-aid,non-regulatory and non-protective. He felt that more thought needed to be put into the ordinance. He commented on Attorney Orr's memo regarding the legality of a moratorium and stated that he printed out three pages of information regarding moratoriums in other communities. He asked the City Council to reconsider the ordinance. Alderman Allen asked Mr. Gilson if he had circulated information that Alderman Allen had voted against wind energy during the recent campaign. Mayor Burd apologized to Mr. Gilson for Alderman Allen question and she asked Alderman Allen not to proceed with this line of questioning and/or comments. CONSENT AGENDA 1. Police Reports for January and February 2009 (PS 2009-06) 2. Disposal of Police Vehicles (Surplus) -authorize disposal of the following surplus police vehicles through the auction process: 1998 Ford Crown Victoria with VIN#2FAFP71 W3WX189759,2001 Ford Crown Victoria with VIN#2FAFP71 W1X116604, and 2004 Ford Crown Victoria with VIN #2FAFP71 W84X100703 (PS 2009-07) 3. Ordinance 2009-17-Amending the Code of Ordinances Providing for Liquor Control Regarding Hours of Liquor Sales-authorize Mayor and City Clerk to execute(PS 2009-09) 4. Ordinance 2009-18-Approving a Fine Schedule for the Pre-Payment of Certain Citations Pending Under Administrative Adjudication-authorize Mayor and City Clerk to execute(PS 2009-10) 5. Traffic Enforcement Agreement for Private Property -approve form of agreement as presented (PS 2009-11) 6. Ordinance 2009-19-Amending the Code of Ordinances Providing for the Regulation of Fireworks-authorize Mayor and City Clerk to execute(PS 2008-46) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye,Werderich-aye,Plocher-aye, Spears-aye, Sutcliff-aye,Allen-aye, Besco-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the Zoning Commission will be meeting on April 29,2009 at 7:00 p.m. MINUTES FOR APPROVAL A motion was made by Alderman Werderich to approve the minutes of the City Council meeting of March 10,2009 and the Special City Council meeting of March 24, 2009; seconded by Alderman Golinski. Alderman Allen commented that he appreciated Mr. Gilson's comments being abbreviated in the March 10,2009 minutes however he asked that it be noted after several of the bullet points that Mr. Gilson commented that he did not care what the City Council said. He felt that that noting this comment would be valuable in the future. Alderman Spears asked that the March 10, 2009 minutes be amended on page 2 to note that Ms Linden stated that NEIL requires the Golden Diners to publish a newsletter. A motion was made by Alderman Munns to approve the minutes of the City Council meeting of March 10,2009 as amended and the Special City Council meeting of March 24, 2009; seconded by Alderman Golinski. Motion approved by a viva voce vote. Ayes-7 Nays-1 (Allen) BILLS FOR APPROVAL A motion was made by Alderman Werderich to approve the paying of the bills listed on the Detailed Board Report dated April 8,2009 totaling the following amounts: checks in the amount of$798,898.03 The Minutes of the Regular Meeting of the City Council—April 14,2009—page 3 (vendors); $277,311.28 (payroll period ending 3/28/09); for a total of$1,076,209.31; seconded by Alderman Sutclif£ Alderman Spears questioned a bill on page 15—International Codes—Zoning for Windmill Farms in the amount of$75.00. Director Miller explained that the developer of the Windmill Farms development is requesting an amendment to the PUD and the bill is for the public hearing to be held in May Alderman Spears also questioned a payment on page 10—Daniel Kramer—Admin—Plocher vs. Milschewski in the amount of$3,835.70. Alderman Spears asked that this bill be removed from the bill list because Attorney Orr previously explained that it could only be reconsidered in the next session of the City Council. She stated that Mayor Burd and Alderman Plocher hired Attorney Kramer as their personal attorney and she did not feel the citizens of Yorkville should pay his fee. Attorney Orr explained that the bill was originally on the bill list in 2007 and the again in October 2008. It was questioned by Alderman Spears and tabled but it was never voted on in this fiscal year. Attorney Orr also explained that former City Attorney Mike Roth submitted a letter saying he used Attorney Kramer's work product and he felt that his charges were reasonable. Alderman Besco noted that when he previously made a motion to table this bill payment indefinitely, Attorney Orr stated at the time that it wouldn't come back before the City Council in this session. He stated that he did not feel Attorney Kramer was hired by the city and agreed that the residents should not pay for his services. Mayor Burd stated that Attorney Kramer recently sent another bill. He defended an alderman who was seated by using the former city attorney's information and representing him in court. She did not feel she should pay his bill. Mayor Burd noted that in her twelve years on the City Council she has seen city attorneys use other attorneys and the city has paid them. Alderman Golinski stated that a motion was made to table the bill indefinitely and that according to Robert's Rules the motion kills any action until the next session. He felt that Plocher hired Attorney Kramer and he should be responsible to pay his fee not residents. Aldermen Sutcliff,Munns and Werderich supported payment of the bill. Alderman Werderich reiterated that Attorney Roth indicated he used Attorney Kramer's work product. Also,Roth did not bill the city for his services in this matter. Alderman Golinski questioned a bill on page 30—Jeffrey Cramer—reimbursement for a plow hitting a basketball hoop in the amount of$870.00. Mr. Olson explained that the cost included the hoop,warranty and installation. Alderman Besco questioned how the plow hit the hoop and Mr. Olson explained that the hoop was near the curb and the plow went wide and hit it. Alderman Spears questioned bills on page 16—Jay M. Heap for Harlem Irving appraisals in the amount of$405.59 and page 27-Kathleen Field Orr&Assoc. for legal fees for Kendall Marketplace in the amount of$804.75. Director Miller explained that these fees had to do with land acquisition needed for the widening of Cannonball Trail. An additional right-of-way is needed from Harlem Irving. Mayor Burd asked the City Council to email their bill list questions to Director Mika by Monday so she can be prepared to answer their questions. Motion approved by a roll call vote. Ayes-5 Nays-3 Abstain-1 Munns-aye,Plocher-abstain, Spears-nay, Sutcliff-aye,Werderich-aye, Besco-nay, Golinski-nay,Allen-aye,Burd-aye Attorney Orr indicated that the mayor could vote on this matter because there were only four aye votes. Alderman Spears questioned if the mayor should vote due to a conflict in the matter. Attorney Orr indicated there wasn't a conflict for the mayor and she could vote. REPORTS MAYOR'S REPORT Resolution 2009-19 Regarding the Hoover Forest Preserve (CC 2009-33) Mayor Burd reported that the United City of Yorkville received a letter from the Kendall County Forest Preserve District asking to dissolve the agreement for jointly developing the Hoover Forest Preserve. She The Minutes of the Regular Meeting of the City Council—April 14,2009—page 4 explained the history of the property which was formerly owned by the Boys Scouts of America. When the Boys Scouts approached the city about annexing because they wanted to sell the property, former mayor,Art Prochaska,had the city staff investigate how to preserve the property. Through their efforts a $5 million grant was procured from former Speaker of the House Hastert to save the land however the grant had to be awarded to a forest preserve district so the city approached Kendall County to see if they were interesting in partnering on the project. For their role in the arrangement, Yorkville was to get land out of the deal. She noted that State's Attorney Weis and the Forest Preserve District members were present. Attorney Orr added that the resolution,if passed, accepts the Forest Preserve Districts' offer. She read the terms of the offer on page 3 of the resolution. A motion was made by Alderman Werderich to approve a resolution regarding the Hoover Forest Preserve and authorize the Mayor and City Clerk to execute; seconded by Alderman Sutcliff. Alderman Munns questioned how much the requested sewer/water connection will cost. City Engineer Wywrot explained that if a building on the property needs a connection to water and/or sewer the cost would be dependent on the use of the building so there is no way to know the cost at this time. The cost could be anywhere from$2,000.00 to $50,000.00. Alderman Munns noted an error on page 2, item 2 where Fox Road is incorrectly referred to as Fox River Drive. He also suggested that the last sentence of the same item read"...for the construction of the city's water..." There was discussion concerning the amount of the payment the city would receive in exchange for dissolving the agreement. States Attorney Weis stated that the city originally paid$659,000.00 for their portion of the acquisition. Interest was factored into the Forest Preserve District reimbursement along with an additional$10,000.00 for a total payment to the city in the amount of$740,000.00. Alderman Allen asked if the Forest Preserve District was agreeable with the two corrections indicated by Alderman Munns. States Attorney Weis indicated that they were and noted that the date on page one, paragraph one of the resolution was incorrect; it should be November 9, 2004. Alderman Allen stated he was pleased to see that the city will be getting an easement which will help fulfill its agreement with Plano. Alderman Golinski went over the history of the Hoover acquisition which began in December 2002 when the city met with the Chicago Area Council of Boy Scouts, Speaker Hastert and CorLands. He commented that too many people at the city worked hard on the agreement for the city to walk away from Hoover. He felt that the county was giving insufficient compensation for the city to do this. Aldermen Werderich and Plocher echoed Alderman Golinski's opinion. Alderman Werderich added that he was disappointed that the agreement did not work out. He stated that the way the contract was written with the county as the landlord the terms were unenforceable. He felt that the city may benefit from the repayment of funds because with the changing market they may be able to purchase its own property. Alderman Plocher added that he would like to see the language made clearer on Item 4 on page 3. He felt that the city should not have to run sewer or water out to Hoover at the county's request. Alderman Besco agreed that the original agreement was too soft and he felt that accepting the county's offer rather than taking the matter to court would be best for taxpayers. He commented that he spoke with a Kendall County Board member whose information was totally different from that what was discussed by the City Council in Executive Session. He commented that he did not know who to believe but felt the matter should get resolved. Mayor Burd stated that she was disappointed with Alderman Besco's comment implying that she gave the City Council incorrect information and she wished he had brought this information forward earlier. Alderman Besco stated that he did not know whose story was inaccurate,hers or the county board member's. Alderman Sutcliff stated that she felt this situation was unfortunate and she would have liked to see the city and county work together better. She asked if the offer would be binding once the City Council voted on the resolution. Attorney Weis indicated that if the resolution is adopted by the City Council,the Forest Preserve District Board would vote on it at their next meeting on April 21,2009. He stated that until the Board approves the resolution the original agreement is still binding. Attorney Orr added that payment from the county would be due in May 2009. Alderman Spears commented that she felt that the fourth and fifth paragraphs on page two of the resolution regarding the District's refusal to cooperate were unprofessional. She requested that the negative phrases be removed. Alderman Sutcliff commented that she felt the information in the two paragraphs was an accurate statement of what happened. Alderman Golinski agreed. Attorney Weis stated he saw the draft of the resolution before the meeting and he was not thrilled with the language but will accept it. He stated that the Forest Preserve District has a different opinion and that the original agreement was the best under the circumstances. He noted that the good news in the whole situation is The Minutes of the Regular Meeting of the City Council—April 14,2009—page 5 that the property will remain as a forest preserve indefinitely which is good for the residents and it will benefit people long after all the parties here tonight are gone. He agreed with Alderman Besco that it was a win-win situation to keep the matter out of court. He felt the money being paid back to the city should help in buying soccer or baseball fields. He stated that in the past the city and county have worked together but the original agreement was worked out with too many unknowns. He felt that Kendall County wants to work with the city in the future. Alderman Munns asked if Attorney Weiss guarantee that the County Board would approve the resolution if the City Council passed it. Attorney Weis explained that he could not guarantee this because he was not a voting member. Alderman Golinski questioned the cost of water/sewer connections and felt that Item#4 on page three should be stricken from the resolution. Alderman Munns agreed and stated he would not support the resolution with Item#4 in the agreement. A motion was made by Alderman Golinski to amend the resolution by removing Item#4 on page three; seconded by Alderman Besco. Alderman Sutcliff asked if this item was discussed by the Forest Preserve District. Attorney Weis stated that the easement was causing a detriment and the compensation for giving the easement was allowing water/sewer connections. The county board did not discuss the dollar amount for the hook-ups. Alderman Sutcliff asked Mr. Wywrot if the connections would be lost dollars for the city and he stated they would. Attorney Weis stated that the county may never exercise this option however if the city ever extends service to this area it would be cost effective to tie into it. Alderman Allen questioned construction fees and Mayor Burd stated that the city would not perform the construction; it will just provide the hook-up however the fees are undeterminable at this time. Alderman Allen suggested a limit to the cost. Motion to amend defeated by a roll call vote. Ayes-3 Nays-5 Golinski-aye,Besco-aye,Allen-nay, Sutcliff-nay, Munns-aye, Spears-nay,Plocher-nay, Werderich-nay Alderman Werderich suggested removing the language in the whereas clause that indicates fault and add language indicating a disagreement. It was the consensus of the City Council to leave the clause as presented. Motion approved by a roll call vote. Ayes-6 Nays-2 Werderich-aye, Golinski-nay,Besco-aye,Allen-aye, Sutcliff-aye,Munns-nay, Spears-aye,Plocher-aye Ordinance 2009-20 Abating Special Service Area Taxes for Special Service Area Number 2006-113 Ad Valorem Tax Bonds,Series 2006 (Cannonball/Beecher Road Project) (CC 2009-34) Mayor Burd entertained a motion to approve an ordinance abating Special Service Area Taxes for Special Service Area Number 2006-113 Ad Valorem Tax Bonds, Series 2006 (Cannonball/Beecher Road Project) and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski, seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye,Besco-aye,Allen-aye, Sutcliff-aye, Munns-aye, Spears-aye,Plocher-aye,Werderich-aye Ordinance 2009-21 Approving the 2009-2010 Fiscal Budget (CC 2009-35) Mayor Burd entertained a motion to approve an ordinance approving the 2009-2010 Fiscal Budget and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Sutcliff, Mayor Burd asked Director Mika to address the questions asked by Alderman Spears. Director Mika indicated that she responded to the questions in an April 6, 2009 memo to the City Council(see attached). She proceeded to go over the memo. Alderman Sutcliff expressed her appreciation for the cuts staff made. She commented on the Holiday Under the Stars program and noted that a lot of people in the community attended the event. She stated The Minutes of the Regular Meeting of the City Council—April 14,2009—page 6 that she was sorry to see that nothing was budgeted for the event and hoped this could be readdressed in six months. Alderman Allen expressed his concern that funds were not put away for roads. Mayor Burd stated that it was hoped that new development dollars could be used for road repair however this has declined. Alderman Golinski stated that on March 24, 2009 he asked for more explanations in the budget in order to have it be more transparent. He stated that Administrator McLaughlin's spreadsheet accomplished this and he thanked him for addressing it. Alderman Golinski commented that he objected to the use of Land Cash and that he was disappointed in the budget because nothing was done to replenish the fund balance reserve. He felt that funds from the special census should be set aside to do this and the city was"living paycheck to paycheck". Alderman Spears commented that she felt that non-essential departments and personnel should have been cut in order to keep the city's roads and sidewalks repaired. She commended Chief Martin for the cuts his department made. She felt that residents would support cuts to"party funds"versus public works or public safety. She stated she could not support the budget. Mayor Burd asked where the"party fund"was in the budget. She felt that people were criticizing the budget without giving information to support their accusations. She felt that everything that could be cut was and she noted that the City Council added to the budget after their workshop rather than subtracted from it. She stated that her goal was to save jobs and staff offered to reduce hours and cut benefits to do this. She agreed she would like to have the fund balance increased but now is not the time. Alderman Werderich was also concerned that the fund balance was not being funded but felt that due to the economy the city has to"live paycheck to paycheck". He reminded the City Council that the budget will be revisited in six months. He stated he wanted an eye kept on building permits because he did not see an increase to them. If the amount of projected permits is not reached this needs to be addressed. He commented to Mayor Burd's remark about the budget workshop; he noted that the City Council brought up concepts that should be cut. He felt that everyone worked together to balance the budget. Administrator McLaughlin added that the staff's salaries have been frozen,vacant positions are not being filled,health insurance was increased, etc and that the employees are committed to working through the economy. Motion approved by a roll call vote. Ayes-5 Nays-3 Besco-nay,Allen-aye, Sutcliff-aye,Munns-aye, Spears-nay,Plocher-aye,Werderich-aye, Golinski-nay CITY COUNCIL REPORT No report. ATTORNEY'S REPORT Attorney Orr reported that she was informed that all legal fees for the Aspen Ridge litigation will be covered by the insurance carrier however any final judgment won't be covered. Also, if there is a guilty charge,no one will be covered due to fraud. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator McLaughlin had no City Administrator report however he reported for Director Dhuse who was not in attendance. A contractor will be inspecting and flushing lines east of Route 47 from Orange Street to the Fox River. They are trying to find any infiltration of storm water by televising the lines. If repairs are needed there will be a cost. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. The Minutes of the Regular Meeting of the City Council—April 14, 2009—page 7 CHIEF OF POLICE'S REPORT Chief Martin reported on the following: • There was a BASSET training held on April 6, 2009 with forty-five people in attendance. Additional sessions are scheduled for April 29,2009 and May 5, 2009. • The Police Department is working on the Knox-Box program which is a security box that holds a keys to a senior's house so that fire department personnel can obtain access to it in case of an emergency. Anyone interested should contact Sergeant Groesch. • 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 is looking for donations of used cell phones. DIRECTOR OF PARKS&RECREATION'S REPORT Interim Park&Recreation Director Olson reported on the following: • The grant writer is paid$14,000.00/year or$56,000.00 over the past four years. Due to the grant writers efforts the city has received$1.25 million in OSLAD grants over four years such as $350,000.00 for the Whispering Meadows park, $128,000.00 for the Cannonball Trail Park, etc. • The Park Board discussed the Rec Center's membership. Even with the poor economy membership is up from 700 memberships as of August 1,2008 to 1200 memberships as of April 2009. • The Park Board discussed revenue generators such as sand volleyball,mower races, a haunted house, etc. • There will be an open house on April 18,2009 at the Rec Center from 8:00 to 11:00 a.m. The enrollment fee will be waived for those signing up for early registration of spring classes. • On April 19, 2009 there will be a 5K Tax Dodge Run. • The City Golf Outing will be held on May 1,2009 and the city is still looking for sponsors and golfers. • There are still a few opening for men's softball but it is almost sold out. All other leagues are sold out. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that there will be a free Foreclosure Seminar on April 18,2009 at the Library. Representatives from local banks,the Kendall County Treasurer, etc. will be in attendance. She directed those interested to the city's website for more information. COMMUNITY&LIAISON REPORT Library Board Alderman Allen reported that he attended the Library Board meeting where they discussed forming a Library District. The plans are preliminary and in June they will be meeting with an attorney. They hope to have a proposal by fall. The district is to conform to the United City of Yorkville's city limits. REPORTS PUBLIC WORKS COMMITTEE REPORT Kendallwood Estates—Call of Earthwork Letter of Credit (PW 2009-16) A motion was made by Alderman Besco to authorize the City Clerk to call the Castle Bank Letter of Credit No. 3000221071-900 in an amount not to exceed$58,223.87 ($57,123.87 is for the notice of claim from KR&G Excavating Partners and$1,100.00 is t reimburse the city for attorney costs related to this notice of claim); seconded by Alderman Sutcliff. Attorney Orr explained that the format of the letter of credit(LOC)used allows for the city to be notified if a subcontractor has not been paid by the developer so that the city can call the LOC. This is generally not the format used and it puts the city in a bad position. The LOC will be called but not paid out and the funds will be held until direction from the company issuing the LOC or a court order requires payment. Attorney Orr explained that the format that the city uses for LOCs has been changed so that there are other legal avenues for contractors to use to pursue payment. Alderman Golinski commented on the April 14,2009 letter from Attorney Craig Cobine, attorney for Kendallwood Estates,which states that the city lacks statutory authority rights to call the LOC for this The Minutes of the Regular Meeting of the City Council—April 14,2009—page 8 purpose. Attorney Orr disagreed with this statement and felt that Attorney Cobine was stretching the statute. She stated that the city is the only one able to draw on a LOC. She explained that the contractor is suing the developer and if they get a court order the city can pay them from the LOC funds. Alderman Golinski asked that if the city does pay the contractor would they also be accepting the contractor's work. Attorney Orr stated that they would not be and that the court will raise this question. Alderman Golinski felt that the city was creating a liability and that they should"butt out"of the problem. Alderman Werderich asked if calling the LOC was a right or obligation. Attorney Orr stated it was an obligation because the contractor was liening the property. Alderman Werderich noted that Attorney Cobine indicated that the city was incurring a liability. Attorney Orr disagreed because the city was not relinquishing funds. Alderman Spears noted that the city is going to incur legal and staff expenses in the matter and supported leaving the funds in the LOC. Attorney Orr explained that the way the agreement is written it would be in the city's best interest to call it. Alderman Spears asked for copies of the new format. Alderman Golinski commented that this was a confusing topic and even the banker involved was confused. He asked if there was a timeline for calling the LOC. Attorney Orr explained that the terms of the LOC calls for a 90 notice. The city has not received notice so the bank has agreed to draw down on it. She stated that she was advising that the city call the LOC to avoid liability. If the court requires relinquishment of the funds the city will do this. Alderman Besco felt that Castle Bank should be made aware of the circumstances and Alderman Spears agreed and asked if Stan Free of Castle Bank had been invited to the City Council meeting. Administrator McLaughlin stated that Mr. Free was aware of tonight's discussion. Mayor Burd asked what would happen if the City Council does not approve this. Attorney Orr explained that third party beneficiaries were relying on this being approved and that there was a potential liability for the city because it will be taking public improvements and liening the property. The safest way to approach this is to approve this. Motion approved by a roll call vote. Ayes-7 Nays-0 Allen-aye, Sutcliff-aye, Spears-aye,Plocher-aye,Werderich-aye, Golinski-aye,Besco-aye Alderman Munns was not present for the vote. Kendallwood Estates—Call of Sitework Letter of Credit Notice of Claim from Aurora Blacktop (PW 2009-17) A motion was made by Alderman Besco to authorize the City Clerk to call the Castle Bank Letter of Credit No. 3000221071-901 in an amount not to exceed$59,774.75 ($58,674.75 is for the notice of claim from Aurora Blacktop and$1,100.00 is to reimburse the city for attorney costs related to this notice of claim); seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Sutcliff-aye, Spears-aye,Plocher-aye,Werderich-aye, Golinski-aye,Besco-aye,Allen-aye Alderman Munns was not present for the vote. Kendallwood Estates—Call of Sitework Letter of Credit Notice of Claim from J&S Construction (PW 2009-17) A motion was made by Alderman Besco to authorize the City Clerk to call the Castle Bank Letter of Credit No. 3000221071-901 in an amount not to exceed$305,326.15 ($304,226.15 is for the notice of claim from J&S Construction and$1,100.00 is to reimburse the city for attorney costs related to this notice of claim); seconded by Alderman Allen. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Plocher-aye,Werderich-aye, Golinski-aye,Besco-aye,Allen-aye, Sutcliff-aye Alderman Munns was not present for the vote. The Minutes of the Regular Meeting of the City Council—April 14,2009—page 9 ECONOMIC DEVELOPMENT COMMITTEE REPORT Collier 1.5 Mile Review (PC 2009-03) A motion was made by Alderman Golinski to recommend to the Kendall County Board to approve a Special Use allowing a gift shop use on the Collier property located at 7275 US Route 34; seconded by Alderman Besco. Alderman Golinski reported that the special use was unanimously approved by the Plan Commission however they did not include the staff's comments. Alderman Besco expressed his concern with the curve on Route 34 and access to the location. He also did not feel the property met parking requirements. He noted the number of accidents at Rickard Road and questioned the affects the rezoning would have on traffic. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye,Plocher-aye,Werderich-aye, Golinski-aye,Besco-aye,Allen-aye, Sutcliff-aye Alderman Munns was not present for the vote. Zoning Ordinance Amendment Regarding Mining Regulations-First Reading (PC 2008-29) Alderman Golinski reported that this was the first reading of the proposed zoning ordinance amendment regarding mining regulations. Ordinance 2009-22 Regulating Wind Energy Systems (CC 2009-36) A motion was made by Alderman Golinski to approve an ordinance regulating wind energy systems and authorize the Mayor and City Clerk to execute; seconded by Alderman Sutclif.. Mayor Burd explained that this is merely a space holder while the Economic Development Committee and staff work on the real ordinance. This temporary measure addresses people putting wind energy systems on their homes. Alderman Spears stated that she did some research and came up with a list of communities that had moratoriums on various things. She read a list of them to the City Council and stated that she felt Yorkville had the right to go ahead with a moratorium on wind energy systems. Mayor Burd stated that in her twelve years on the City Council various city attorneys have advised against moratoriums such as one against adult bookstores. She stated that as mayor she doesn't want the city to do illegal things and a moratorium could cause litigation from businesses because the city would not be allowing them to sell their products. Alderman Werderich asked if the moratorium issue was based on case law or state statute. Attorney Orr explained that some of the moratoriums Alderman Spears listed are state moratoriums. She further explained that the Illinois Municipal Code (Article 11, Chapter 65) allows the regulation of businesses through zoning. She commented that if the city is not allowed to prohibit adult bookstores why would it be able to prohibit any other business and that moratorium are only as good as they are enforceable. She stated that some have not stood up in court. Alderman Werderich stated that it was the intent of the Economic Development Committee to cool the applications for wind systems. Attorney Orr indicated that she tried to write an ordinance which would do this. She explained that the ordinance does not regulate the systems but puts limitations on home installations in the hope to slow applications. Alderman Golinski noted that small wind systems have to follow the regulations of satellite systems and he asked if permits were necessary for the satellite systems. Director Miller stated that permits are required however they do not limit the quantity. Mayor Burd suggested that the wording be changed to say that systems are not allowed in residential zoning. Attorney Orr felt that the wind systems were not dangerous enough to prohibit however this could be changed if there is data indicating they are safety hazards. There was discussion about the installation of the systems including setbacks, location,height requirements,being located on out buildings and obtaining permission from neighboring properties. Attorney Orr recommended adding wording that the units"may not be located on the front of a The Minutes of the Regular Meeting of the City Council—April 14,2009—page 10 primary or accessory building and must meet all other requirements established for antennae.....Chapter 6 of the City Code and may not exceed three feet above the roof top...." City Attorney Orr asked that the motion be amended to include the new wording. So moved by Alderman Golinski; seconded by Alderman Sutclif.. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Allen-aye, Sutcliff-aye, Spears-aye,Plocher-aye,Werderich-aye, Golinski-aye Alderman Munns was not present for the vote. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Stimulus Funds Alderman Plocher asked if the city had seen any stimulus funds coming its way. Mayor Burd stated that the city did get funds to be used for Game Farm Road Project and that Representative Foster was sending an aide to assist in applying for more. Administrator McLaughlin added that the Kane/Kendall Mayors group distributed the funds per capita for pending projects. Applications for sewer and watermain projects have also been filled out. Waste Hauler Alderman Besco asked if there was a time restriction in the morning for the waste haulers. Mr. Olson stated that they are not to pick up before 6:00 a.m. Alderman Besco explained that they were picking up earlier than this in his neighborhood and Mr. Olson indicted he would contact Veolia regarding this. Ward I Meeting Alderman Werderich reported that a Ward I meetings was scheduled for April 30, 2009 at 7:00 p.m. at the Silver Dollar Restaurant. He asked if the information could be placed on the city's website. Tax Dodge Run Alderman Werderich reported that he was participating in the Tax Dodge Run and he encouraged others to join on April 19,2009. Sign-up begins at 7:00 a.m. and the race begins at 8:30 a.m. Citizens Police Association Mayor Burd reported that CPA classes have been held for fourteen years of and the latest one kicked off with seventeen people in attendance. She encouraged everyone to join. Letter of Commendation Mayor Burd reported that she received a letter from someone who recently had a medical emergency at the Rec Center. The letter commended Sue Swithin and staff for their care and concern in the matter. ADJOURNMENT Mayor Burd entertained a motion to adjourn the meeting. So moved by Alderman Golinski; seconded by Alderman Werderich. Adjournment of the meetings was unanimously approved by a viva voce vote. Meeting adjourned at 9:55 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois 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,APRIL 28, 2009 Mayor Pro Tem Werderich called the meeting to order at 7:04 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Present Sutcliff Absent Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Interim Director of Parks and Recreation Olson, Public Works Director Dhuse, Police Chief Martin, Police Lieutenants Hart and Schwartzkopf, City Engineer Wywrot and Public Relations Officer Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Pro Tem Werderich asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Munns requested that Item#9 - Ordinance Amending the Code of Ordinances Providing for the Regulation of Animals be removed from the consent agenda and placed on the regular agenda under the Public Safety Committee report. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m., May 19, 2009 City Hall Conference Room Economic Development Committee 7:00 P.M.,May 4,2009 City Hall Conference Room Administration Committee 7:00 p.m., May 14,2009 City Hall Conference Room Public Safety Committee 6:00 P.M.,May 28,2009 City Hall Conference Room PRESENTATIONS Certificates of Appreciations Mayor Pro Tem Werderich presented Laurence DeBord with a Certificate of Appreciation for his service on the Police Pension Board from 2001 to 2008. Another recipient of a Certificate of Appreciation for her service on the Human Resource Commission, Dana Jones,was not able to attend. Ms. Jones served from 2004 to 2009. Mayor Pro Tem Werderich thanked Mr. DeBord and Ms. Jones for their service. PUBLIC HEARINGS No report. CITIZEN COMMENTS No report. The Minutes of the Regular Meeting of the City Council—April 28, 2009—page 2 CONSENT AGENDA 1. Monthly Treasurer's Report for February 2009(ADM 2009-24) 2. Resolution 2009-20 -Authorization of Payment for Payroll Checks -authorize Mayor and City Clerk to execute(ADM 2009-31) 3. Resolution 2009-21 -MFT Appropriation Resolution for General Maintenance for FY 2009- 20 10 -authorize City Clerk to execute(PW 2009-39) 4. Fountainview Development—IDOT Letter of Understanding- authorize Mayor to execute(PW 2009-40) 5. Aldi's Redevelopment—Easement Agreements (PW 2009-41) a. Public Utility Easement Agreement-authorize Mayor and City Clerk to execute b. Traffic Signal Easement Agreement-authorize Mayor and City Clerk to execute 6. Countryside Center—Traffic Signal Easement Agreement-authorize Mayor and City Clerk to execute, subject to legal and staff review(CC 2009-37) 7. Raintree Park B Equipment RFP Results -approve purchase of playground equipment from Zenon Company in an amount not to exceed$56,169.00 and approved purchase of ICONshelter from Parkreation, Inc. in an amount not to exceed$22,000.00(CC 2009-38) 8. Police Reports for March 2009 (PS 2009-12) Mayor Pro Tern Werderich entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Besco; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Werderich-aye, Plocher-aye, Spears-aye, Munns-aye, Allen-aye, Besco-aye PLAN COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated April 21, 2009 totaling the following amounts: checks in the amount of$333,083.65 (vendors—FY 08/09); $157,281.25 (vendors—FY 09/10); $265,860.78 (payroll period ending 4/11/09); for a total of$756,225.68; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Werderich-aye, Besco-aye, Golinski-aye, Allen-aye EPORTS MAYOR'S REPORT Resolution 2009-22 Urging Passage of a Comprehensive Capital Infrastructure Program (CC 2009-39) Mayor Pro Tern Werderich entertained a motion to approve a resolution urging passage of a Comprehensive Capital Infrastructure Program and authorize the Mayor and City Clerk to execute. So moved by Alderman Munns; seconded by Alderman Plocher. Administrator McLaughlin explained that the state has not passed a Comprehensive Capital Infrastructure Program in several years. This program is tied to Route 47 improvements and the Council of Mayors suggested that communities pass this resolution. There was discussion regarding the affect of the program on taxes and how the funds will be used. Aldermen Besco and Golinski suggested wording supporting state spending cuts. Attorney Orr suggested omitting the wording"regardless of the funding source(a Motor Fuel Tax or income tax increase)"from the resolution. A motion was made by Alderman Allen to approve the resolution with the amended wording; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Besco-aye, Allen-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye The Minutes of the Regular Meeting of the City Council—April 28, 2009—page 3 CITY COUNCIL REPORT Fox Hill West Park Naming Request (CC 2009-40) A motion was made by Alderman Allen to approve the name of Bretthauer Park for the Fox Hill West Park; seconded by Alderman Munns. Alderman Allen reported that the Fox Hill Park hasn't been named yet. He indicated that the City Council received information in their packets regarding the Bretthauer family whose has served the community for years. Alderman Golinski noted that the Park Board requested more information on the family but hasn't received it. They also wanted someone from the family to contact them which Interim Director Olson confirmed. Alderman Spears noted that she had a problem with this coming directly to the City Council and noted that street name suggestions go to the Human Resource Commission for their recommendation first and this should have gone before the Park Board for their approval. A motion was made by Alderman Spears to table this item and refer it back to the Park Board; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-4 Nays-3 Allen-nay, Munns-nay, Spears-aye, Plocher-nay, Werderich-aye, Golinski-aye, Besco-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator McLaughlin reported on the following: • Aurora Blacktop came in with the lowest bid at $370,000.00 for the Fox Road project. The bid was under the engineer's estimate. • A demolition permit has been issued for the building on the northwest corner of Hydraulic and Route 47. They are abating the building before it is demolished. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the Water Department is finishing up hydrant flushing and the street sweeper is out and about. Alderman Golinski asked when brush pick-up was for the south side of the city and Director Dhuse stated it would be the last week of May. Alderman Spears asked if the"no outlet"sign had been posted and Director Dhuse stated he would check on it. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS &RECREATION'S REPORT Interim Director Olson reported on the following: • The Heartland Circle Park's shelter has been finished and they are waiting on the storm drain issue. • Staff is working of baseball field maintenance. • The Tax Dodge 5K run went well with 100 pre-registered runners and 30 showing up that morning. • The city golf outing is this Friday and there are still openings. The Minutes of the Regular Meeting of the City Council—April 28, 2009—page 4 • The Kendall County Record will run an article on May 16, 2009 on the"Just Lose It"program. Mr. Olson invited everyone to get a group together and compete. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: • There is a link on the city's website for public comment on the landfill hearings. The Illinois Pollution Control Board can also be contacted. June 5, 2009 is the last day for public comment. • There is also a link to Illinois WorkNet for unemployed workers. COMMUNITY& LIAISON REPORT Green Committee Alderman Allen reported that he attended the Green Committee meeting and on May 2, 2009 the downtown merchants are looking for volunteers for a river clean-up on from 10:00 a.m. to 2:00 p.m. They also discussed a recycling program for city parks. Yorkville High School Musical Alderman Allen reported that the YHS musical, My Fair Lady, would be this coming weekend. Anyone interested in attending should contact the high school. Elder Friendly Forum Alderman Spears reported that the 5th Annual Elder Friendly Forum would be held at the Beecher Center on May 2,2009 from 9:00 a.m. to 12:00 p.m. Elected officials will be present to answer questions. REPORTS PUBLIC WORKS COMMITTEE REPORT Ordinance 2009-23 Amending the Code of Ordinances Prohibiting Nuisances and Offensive Conditions-(Weed Abatement Ordinance) (PW 2009-38) A motion was made by Alderman Besco to approve an ordinance amending the Code of Ordinances prohibiting nuisances and offensive conditions and authorize the Mayor and City Clerk to execute; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2009-24 Zoning Ordinance Amendment Regarding Mining Regulations Second Reading (PC 2008-29) Attorney Orr noted that there is a change to the ordinance on page 2, section 10-8C-3, item B; the word production should be added. A motion was made by Alderman Golinski to approve an ordinance amending the Code of Ordinances regarding mining regulations with the change to page 2, section 10-8C-3, item B as indicated and authorize the Mayor and City Clerk to execute; seconded by Alderman Besco. Alderman Plocher questioned the reason for the amendment and Alderman Golinski explained that this was a housekeeping matter as the ordinance has not been updated in several years. Motion approved by a roll call vote. Ayes-6 Nays-1 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-nay PUBLIC SAFETY COMMITTEE REPORT Approval of Historical Street Names (CC 2009-41) A motion was made by Alderman Spears to approve adding the names of"Clyde"and"Yvonne" (Howell)to the list of historical street names; seconded by Alderman Golinski. Alderman Spears reported that the names went through the Human Resource Commission and they approved. The Minutes of the Regular Meeting of the City Council—April 28, 2009—page 5 Alderman Besco suggested honorary name plaques but Alderman Spears stated that this cannot be done at this time due to the budget. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-aye, Munns-aye Ordinance Amending the Code of Ordinances Providing for the Regulations of Truancy First Reading (PS 2008-55) Alderman Spears reported that this is the first reading of an ordinance that affects students and parents. She welcomed comments regarding the proposed ordinance which mirrors state statute. Alderman Werderich added that a full copy of the ordinance is on the city's website for public review. Ordinance 2009-25 Amending the Code of Ordinances Providing for the Regulation of Animals (PS 2009-13) A motion was made by Alderman Spears to approve an ordinance amending the Code of Ordinances providing for the regulation of animals and authorize the Mayor and City Clerk to execute; seconded by Alderman Golinski. Alderman Munns clarified that the intention of the amendment was to address allowing children under the age of eighteen to walk dogs. Attorney Orr stated that the wording allows the Police Department practical application of the ordinance. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-aye ADMINISTRATION COMMITTEE REPORT Resolution 2009-23 Authorizing the City Administrator to Contact with Other Municipalities For Professional Services of City Employees and City Systems (ADM 2009-28) A motion was made by Alderman Munns to approve a resolution authorizing the City Administrator to contact with other municipalities for professional services of city employees and city systems and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Munns noted that the city has a GIS system which other communities don't have that can be leased out. Alderman Besco asked if the city needed liability insurance for the employees, product or services. Administrator McLaughlin stated he would check into this however the wording in the contract for services could address this. Attorney Orr explained that the work will be done at city hall but she will check into this. There was further discussion on holding the city harmless and indemnification. Attorney Orr stated she would get copies of the contact to the City Council once it is finalized. Motion approved by a roll call vote. Ayes-7 Nays-0 Werderich-aye, Golinski-aye, Besco-aye, Allen-aye, Munns-aye, Spears-aye, Plocher-aye ADDITIONAL BUSINESS Youth Baseball Alderman Golinski stated that he was contacted by a member of Yorkville Youth Baseball about their walk-a-thon on May 17,2009. They are looking to expand the event in the community and invited members of the City Council to attend. The walk-a-thon starts at Circle Center Grade School at a time to be determined. Raintree Residents Alderman Allen encouraged residents of Raintree Village to attend the Public Works Committee meeting as they have expressed concerns with unfinished parcels, weeds, insects and speed control. Ward I Meeting Alderman Allen reported that there would be a Ward I meeting on April 30, 2009 at the Silver Dollar Restaurant at 6:30 p.m. Snow Regulation Signs Alderman Spears asked if signage regarding snow regulations have been put at all subdivision entrances. She also asked the cost to do so. The Minutes of the Regular Meeting of the City Council—April 28, 2009—page 6 My Fair Lady Alderman Werderich reiterated that students from Yorkville High School were putting on a performance of My Fair Lady on May 8th and 9th and the Yorkville Middle School. ADJOURNMENT Mayor Pro Tern Werderich entertained a motion to adjourn the meeting. So moved by Alderman Spears; seconded by Alderman Golinski. Motion unanimously approved by a viva voce vote. Meeting adjourned at 7:50 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois 3 � LL L\S'V DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:30:01 DETAIL BOARD REPORT FISCAL YEAR 08/09 ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HOMEDEPO HOME DEPOT 8058563 04/27/09 01 STREETS-THERMAL COUPLING 01-410-62-00-5416 06/09/09 10.49 MAINTENANCE PROPERTY INVOICE TOTAL: 10.49 VENDOR TOTAL: 10.49 NCI NORTHWEST COLLECTORS INC 033109 03/31/09 01 WATER OP COMM. ON MARCH 51-000-65-00-5808 06/09/09 140.00 POSTAGE & SHIPPING 02 COLLECTIONS COMMENT +� INVOICE TOTAL: 140.00 VENDOR TOTAL: 140.00 SUTCLIFR ROBIN SUTCLIFF 042809 04/28/09 01 ADMIN METRO WEST CONFERENCE 01-110-64-00-5605 06109109 118.72 TRAVEL/MEALS/LODGING 02 LODGING REIMBURSEMENT COMMENT ++ INVOICE TOTAL: 118.72 VENDOR TOTAL: 118.72 VISA VISA 052609 CITY 05/26/09 01 FINANCE-INTERNET UPKEEP FEE 01-120-75-00-7002 06/09/09 29.97 COMPUTER EQUIP & SOFTWARE 02 FINANCE-BINDERS 01-120-65-00-5802 88.14 OFFICE SUPPLIES 03 STREETS-CONFERENCE LODGING 01-410-64-00-5604 127.28 TRAINING & CONFERENCES 04 & MEALS COMMENT •• INVOICE TOTAL: 245.39 VENDOR TOTAL: 245.39 WALDACHM WALDSCHMIDT & ASSOCIATES, INC. r r r -1- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE, 2 TIME: 09:30:01 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ WALDACHM WALDSCHMIDT & ASSOCIATES, INC. 5156 05/01/09 01 SUNFLOWER SSA-APRIL CLEAN-UP, 12-000-65-00-5416 06/09/09 440.00 MAINTENANCE COMMON GROUNDS 02 MULCHING ** COMMENT ** INVOICE TOTAL: 440.00 5159 05/01/09 01 SUNFLOWER SSA-APRIL LAWN 12-000-65-00-5416 06/09/09 410.00 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 410.00 VENDOR TOTAL: 850.00 TOTAL ALL INVOICES: 1,364.60 -2- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:31:24 DETAIL BOARD REPORT FISCAL YEAR 09/10 ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR 9 DATE # DESCRIPTION ACCOUNT # P.D. a DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ AACVB AURORA AREA CONVENTION 043009-ALL 05/21/09 01 FINANCE-ALL SEASON APRIL HOTEL 01-120-65-00-5844 06/09/09 54.00 MARKETING - HOTEL TAX 02 TAX ** COMMENT ** INVOICE TOTAL: 54.00 VENDOR TOTAL: 54.00 AMSTER AMSTERDAM PRINTING & LITHO 2017651 05/15/09 01 FINANCE-CONFIDENTIAL EMPLOYEE 01-120-65-00-5804 06109109 353.84 OPERATING SUPPLIES 02 HISTORY FOLDERS ** COMMENT ** INVOICE TOTAL: 353.84 VENDOR TOTAL: 353.84 ARAMARK ARAMARK UNIFORM SERVICES 610-6557630 05/19/09 01 STREETS-UNIFORMS 01-410-62-00-5421 06/09/09 25.77 WEARING APPAREL 02 WATER OP UNIFORMS 51-000-62-00-5421 25.76 WEARING APPAREL 03 SEWER OP UNIFORMS 52-000-62-00-5421 25.77 WEARING APPAREL INVOICE TOTAL: 77.30 610-6562944 05/26/09 01 STREETS-UNIFORMS 01-410-62-00-5421 06/09/09 26.10 WEARING APPAREL 02 WATER OP-UNIFORMS 51-000-62-00-5421 26.09 WEARING APPAREL 03 SEWER OP-UNIFORMS 52-000-62-00. 5421 26.09 WEARING APPAREL INVOICE TOTAL: 78.28 VENDOR TOTAL: 155.58 ATT AT&T -a- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ATT AT&T 630806126905-0509 05/16/09 01 ADMIN-CITY HALL FIRE 01-110-62-00-5436 06109109 35.30 TELEPHONE 02 POLICE-CITY HALL FIRE 01-210-62-00-5436 35.30 TELEPHONE INVOICE TOTAL: 70.60 630R26296505-0509 05116109 01 ADMIN-CITY HALL NORTEL 01-110-62-00-5436 06/09/09 480.70 TELEPHONE 02 POLICE-CITY HALL NORTEL 01-210-62-00-5436 480.70 TELEPHONE 03 WATER OP-CITY HALL NORTEL 51-000-62-00-5436 480.70 TELEPHONE INVOICE TOTAL: 1.442.10 630299092405 05/16/09 01 POLICE-MONTHLY CHARGES 01-210-62-00-5436 06/09/09 241.78 TELEPHONE INVOICE TOTAL: 241.78 VENDOR TOTAL: 1,754.48 ATTINTER AT&T INTERNET SERVICES 842804266 0509 05/09/09 01 ADMIN-T.1 SERVICE 01-110-62-00-5436 06/09/09 463.20 TELEPHONE INVOICE TOTAL: 463.20 VENDOR TOTAL:; 463.20 AURBLA AURORA BLACKTOP 31192 05/14/09 01 WATER OP-DRIVEWAY PATCHING 51-000-65 00-5804 06109109 938.00 OPERATING SUPPLIES INVOICE TOTAL: 938.00 VENDOR TOTAL: 938.00 BATTERYS BATTERY SERVICE CORPORATION -a- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BATTERYS BATTERY SERVICE CORPORATION 186955A 05/08/09 01 ENG-BATTERY 01-150 62 00-5409 06/09/09 45.50 MAINTENANCE-VEHICLES INVOICE TOTAL: 45.50 VENDOR TOTAL: 45.50 BENTLEY BENTLEY SYSTEMS, INCORPORATED 47245091 05/19/09 01 ENG-STORM CAD, WATER CAD 01-150-75 00 7002 06/09/09 262.80 COMPUTER EQUIPMENT & SOFTW INVOICE TOTAL: 262.80 VENDOR TOTAL: 262.80 BNYCORP THE BANK OF NEW YORK 252 1408482 05/09/09 01 FINANCE ADMINISTRATION FEE 01-120-62 00 5401 06/09/09 214.00 CONTRACTUAL SERVICES INVOICE TOTAL: 214.00 VENDOR TOTAL: 214.00 BNYMGLOB THE BANK OF NEW YORK MELLON YORKGOOS-051909 05/19/09 01 SEWER OP-INTEREST PAYMENT 52 200-66-00-6016 06/09/09 57,185.64 2005D INTEREST PMT-ROB ROY INVOICE TOTAL: 57,185.64 YORKVILE05A-051809 05/18/09 01 DEBT SERVICE-INTEREST PAYMENT 42-000-66 00-6075 06/09/09 71,789.38 $3 825M IN TOWN ROAD PRINC 02 ON IN-TOWN ROAD ** COMMENT ** INVOICE TOTAL: 71,789.38 YORKVILLE04-051609 05/18/09 01 SEWER OP-INTEREST PAYMENT 52-200-66-00-6011 06/09/09 16,262.50 2004A PRINCIPAL PMT-COMER/ INVOICE TOTAL: 16,262.50 YRKVILL05C 051809 05/18/09 01 WATER OP INTEREST PAYMENT 51 200-66-00-6073 06/09/09 20,875.00 2005C PRINCIPAL PMT-$2M -5- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BNYMGLOB THE BANK OF NEW YORK MELLON YRKVILL05C-051809 05/18/09 02 SEWER OP-INTEREST PAYMENT 52-200-66 00 6017 06/09/09 20,875.00 2005C 2M ALT REV INVOICE TOTAL: 41,750.00 YRKVILLEOSD-051809 05/18/09 01 SEWER OP-INTEREST PAYMENT 52-200-66-00 6016 06/09/09 192,975.00 2005D INTEREST PMT-ROB ROY INVOICE TOTAL: 192,975.00 YRKVILLE06A-051809 05/18/09 01 WATER OP-INTEREST PAYMENT 51-200 66-00-6057 06/09/09 112,903.13 2006A REFUND.PRINCIPAL PMT INVOICE TOTAL: 112,903.13 YRKVILLE07A-051609 05/18/09 01 WATER OP-INTEREST PAYMENT 51 200-66-00-6059 06/09/09 62,333.13 2007A REFUNDING PSI PMT INVOICE TOTAL: 62,333.13 VENDOR TOTAL: 555,198.78 BPAMOCO BP AMOCO OIL COMPANY 18365892 05/24/09 01 POLICE-GASOLINE 01-210 65-00-5812 06/09/09 5,395.33 GASOLINE INVOICE TOTAL: 5,395.33 18385893-PW 05/24/09 01 STREETS-GASOLINE 01-410-65-00-5812 06/09/09 388.01 GASOLINE 02 WATER OP-GASOLINE 51-000-65-00-5812 39B.00 GASOLINE 03 SEWER OP-GASOLINE 52-000-65-00-5812 388.01 GASOLINE INVOICE TOTAL: 1, 164.02 VENDOR TOTAL: 6,559.35 BURDV VALERIE BURD 053109 06/01/09 01 ADMIN-MAY PHONE REIMBURSEMENT 01-110 62-00-5438 06/09/09 45.00 CELLULAR TELEPHONE INVOICE TOTAL: 45.00 VENDOR TOTAL: 45.00 -6. DATEt 06/02/09 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT - -------------- --------------------------------------------------------------------------------------------------------------------- CAMBRIA CAMBRIA SALES COMPANY INC. 27778 05/11/09 01 ADMIN-LYSOL WIPES, GARBAGE 01-110-65-00-5804 06109109 97.70 OPERATING SUPPLIES 02 BAGS COMMENT ** INVOICE TOTAL: 97.70 27802 05/14/09 01 SEWER OP-CUPS, PAPER TOWELS, 52-000-65 00 5805 06109149 162.13 SHOP SUPPLIES 02 SPOONS ** COMMENT ** INVOICE TOTAL: 162.13 VENDOR TOTAL: 259.83 CARGILL CARGILL, INC 2526117 05/18/09 01 WATER OP-BULK SALT 51-000-62-00-5407 40204266 06/09/09 2,630.40 TREATMENT FACILITIES O&M INVOICE TOTAL: 2,630,40 VENDOR TOTAL: 2,630.40 CBMT C.B.M.T_ INC. 24991 05/20/09 01 STREETS-HANGING BASKETS 01-410 75-00-4404 00204285 06109109 1,800.00 HANGING BASKETS INVOICE TOTAL: 1,800.00 VENDOR TOTAL: 1,800.00 CONFOUND CONSERVATION FOUNDATION 11022 05/20/09 01 COMM/DEV-YEAR 2 AUX SABLE 01 220-62-00-5401 06/09/09 3,500.00 CONTRACTUAL SERVICES 02 CREEK PROJECT FUNDING APPROVAL ** COMMENT ** INVOICE TOTAL: 3,500.00 VENDOR TOTAL: 3,500.00 DEMPDODG DEMPSEY -7- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DEMPDODG DEMPSEY 23490 05/15/09 01 POLICE-REPLACE BATTERY 01-210-62-00-5409 06/09/09 185.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 185.95 VENDOR TOTAL: 185.95 DEPO DEPO COURT REPORTING SVC, INC 13976 05/22/09 01 POLICE MAY 20 ADMIN HEARING 01-210-62-00-5443 06/09/09 175.00 ADMIN ADJUDICATION CONTRAC INVOICE TOTAL: 175.00 VENDOR TOTAL: 175.00 EEC EMPLOYEE BENEFITS CORPORATION 352168 05/15/09 01 FINANCE-JUNE SERVICE FEES 01-120 72-00-6501 06/09/09 130.00 SOCIAL SECURITY & MEDICARE INVOICE TOTAL: 130.00 VENDOR TOTAL: 130.00 EEI ENGINEERING ENTERPRISES, INC. 46045 05/18/09 01 STREETS-RAYMOND DRAINAGE 01-410-62-00-5422 06/09/09 300.00 RAYMOND DETENTION BASE 02 DETENTION ANALYSIS ** COMMENT ** INVOICE TOTAL: 300.00 46046 05/18/09 01 WATER OP-CONTRACT H.1 - TOWER 51-000 62 00-5422 06/09/09 623.25 WATER TOWER PAINTING 02 LANE EWST REHABILITATION ** COMMENT ** INVOICE TOTAL: 623.25 46047 05/18/09 01 ARO-CROSS EVANGELICAL CHURCH 01-000-13-00-1372 06/09/09 1,909.00 A/R- OTHER INVOICE TOTAL: 1,908.00 VENDOR TOTAL: 2,831.25 -A- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT -------------------------------------------------------------------------------------------°°______-_------------------------------- EJEQUIP EJ EQUIPMENT 0033020 05/06/09 01 STREETS-FLEXBOLTS, DELUGE PLUG 01-410-62-00-5408 06/09/09 97.68 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 97.68 0033145 05/15/09 01 SEWER OF X TEND-A-CLAW 52-000-62-00-5419 06/09/09 300.35 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 300.35 VENDOR TOTAL: 398.03 EXELON EXELON ENERGY 1539921 05/22/09 01 WATER OP-2702 MILL RD 51-000-62-00-5435 06109109 5,645.20 ELECTRICITY INVOICE TOTAL: 5,645.20 VENDOR TOTAL: 5,645.20 FUERSYST FUERTE SYSTEMS 051509 05/15/09 01 LAND CASH-FINAL PAYOUT FOR 72-000-75-00-7317 00404043 06/09/09 21,463.50 HEARTLAND CIRCLE 02 HEARTLAND CIRCLE PARK ** COMMENT ** INVOICE TOTAL: 21,463.50 VENDOR TOTAL: 21,463.50 GALLS GALL'S INC. 5985236100019 05/20/09 01 POLICE-BOOTS 01-210-62 °00-5421 06/09/09 176.62 WEARING APPAREL INVOICE TOTAL: 176.62 5985236100027 05/20/09 01 POLICE-REFLECTIVE POLOS 01-210- 62-00-5421 06/09/09 74.35 WEARING APPAREL INVOICE TOTAL: 74.35 VENDOR TOTAL: 250.97 -9- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ GJOVIXFD GJOVIK FORD-MERCURY, INC. 240017 05/21/09 01 POLICE-BATTERY AND ELECTRICAL 01-210-62-00-5409 06/09/09 775.05 MAINTENANCE - VEHICLES 02 REPAIR ** COMMENT ** INVOICE TOTAL: 775.05 VENDOR TOTAL: 775.05 HARTIGAM MARGARET HARTIGAN 31 05/14/09 01 ADMIN-05/14/09 MEETING MINUTES 01 110-62-00-5401 06/09/09 47.50 CONTRACTUAL SERVICES INVOICE TOTAL: 47.50 VENDOR TOTAL: 47.50 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 8931452 05120/09 01 WATER OP-METERS & PARTS 51-000-75-00-7508 00204267 06/09109 1,376.00 METERS & PARTS INVOICE TOTAL: 1,376.00 VENDOR TOTAL: 1,376.00 HENNE VERNE HENNE CONSTR. & 28040 05/19/09 01 STREETS-SERVICE CALL FOR LIGHT 01-410-62-00-5414 06109109 600.00 MAINTENANCE-TRAFFIC SIGNAL 02 REPAIR AT GAME FARM & RT34 ** COMMENT ** INVOICE TOTAL: 600.00 VENDOR TOTAL: 600.00 ICCI INTERNATIONAL CODES 20090508 05/13/09 01 COMM/DEV-WIND ENERGY ORDINANCE 01-220-62-00-5401 06/09/09 300.00 CONTRACTUAL SERVICES 02 COMM/DEV-ZONING CODE UPDATES 01-220-62-00-5401 731.25 CONTRACTUAL SERVICES -10- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ICCI INTERNATIONAL CODES 20090508 05/13/09 03 ARO- 01 000-13 00-1372 06/09/09 150.00 A/R- OTHER INVOICE TOTAL: 1,181.25 20090515 05/27/09 01 ADMIN-MAY PERMITS 01-110-61 00 5314 06/09/09 14,164.10 BUILDING INSPECTIONS INVOICE TOTAL: 14,164.10 VENDOR TOTAL: 15,345.35 ICE ICE MOUNTAIN 09EO118718238 05/13/09 01 ADMIN-WATER 01-110-65-00-5804 06/09/09 23.00 OPERATING SUPPLIES 02 FINANCE-WATER 01-120-65-00-5804 22.89 OPERATING SUPPLIES INVOICE TOTAL: 45.89 VENDOR TOTAL: 45.89 ILCCMA ILLINOIS CITY/COUNTY 051909 05/19/09 01 ADMIN-ANNUAL DUES 01-110-64 00-5600 06/09/09 172.60 DUES INVOICE TOTAL: 172.60 VENDOR TOTAL: 172.60 ILPD4811 ILLINOIS STATE POLICE IL-L13909S 05/18/09 01 ADMIN SOLICITOR BACKGROUND 01 110-65-00-5804 06/09/09 68.50 OPERATING SUPPLIES 02 CHECKS ** COMMENT *4 INVOICE TOTAL: 68.50 VENDOR TOTAL: 68.50 ILPSAN ILLINOIS PUBLIC SAFETY AGENCY -7y_ DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 030158 06/01/09 01 POLICE-ALERTS FEE FOR 07/01/09 01-210-62-00-5441 00304416 06/09/09 3,330.00 MTD-ALERTS FEE 02 TO 12/31/09 ** COMMENT ** INVOICE TOTAL: 3,330.00 VENDOR TOTAL. 3,330.00 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 024364 05/01/09 01 STREETS-AIR BRAKE REPAIR 01-410 62-00-5409 00204185 06/09/09 2,377.49 MAINTENANCE-VEHICLES INVOICE TOTAL: 2,377.49 VENDOR TOTAL: 2,377.49 IPWSOA IPWSOA 051809A 05/18/09 01 WATER OP-POTABLE WATER 51-000-64 00 5604 06/09/09 165.00 TRAINING & CONFERENCES 02 OPERATORS CONFERENCE ** COMMENT ** INVOICE TOTAL: 165.00 051809E 05/18/09 01 WATER OP POTABLE WATER 51-000 64-00-5604 06/09/09 165.00 TRAINING & CONFERENCES 02 OPERATORS CONFERENCE ** COMMENT ** INVOICE TOTAL: 165.00 VENDOR TOTAL: 330.00 ITRON ITRON 98608 05/12/09 01 WATER OP-HOST HEAD END, COMM 51-000 75 00-7508 06/09/09 405.59 METERS & PARTS 02 FEE ** COMMENT ** INVOICE TOTAL: 405.59 VENDOR TOTAL: 405.59 JEWEL JEWEL _y2_ DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE. 11 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ JEWEL JEWEL 051909 CITY 05/19/09 01 ADMIN-COFFEE 01-110-65-00-5804 06/09/09 20.97 OPERATING SUPPLIES 02 ADMIN-WATER, LEMONADE, CUPS, 01-110-64-00-5604 97.56 TRAINING & CONFERENCES 03 GIFT WRAP, TABLE COVERS, CAKE ** COMMENT ** INVOICE TOTAL: 118.53 051909 PW 05/19/09 01 SEWER OP-COFFEE, SUGAR, 52-000-65 00-5602 06/09/09 50.93 OFFICE SUPPLIES 02 CREAMER ** COMMENT ** INVOICE TOTAL: 50.93 VENDOR TOTAL: 169.46 JSHOES J'S SHOE REPAIR 4477-8 05/15/09 01 SEWER OP-SHOES 52-000-62 00-5421 00203687 06/09/09 42.00 WEARING APPAREL INVOICE TOTAL: 42.00 VENDOR TOTAL: 42.00 JUSTSAFE JUST SAFETY, LTD 9552 05/19/09 01 SEWER OP-FIRST AID SUPPLIES 52-000-65-00-5602 06/09/09 42.30 OFFICE SUPPLIES INVOICE TOTAL: 42.30 VENDOR TOTAL: 42.30 KCACP KENDALL COUNTY ASSOCIATION 396602 05/20/09 01 POLICE-MAY LUNCH MEETING 01.-210-64-00-5605 06/09/09 60.00 TRAVEL EXPENSES INVOICE TOTAL: 60.00 VENDOR TOTAL: 60.00 KCFOODPA KENDALL COUNTY FOOD PANTRY -i3- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 09:31:25 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE #i DESCRIPTION ACCOUNT # P.O_ # DUE DATE ITEM AMT ---------------------- -------------------------------------------------------------------------------------------------------------- KCFOODPA KENDALL COUNTY FOOD PANTRY 052209 05/22/09 01 ADMIN-PENNIES FROM HEAVEN 01-000-44-00-4490 06/09/09 141.00 MISCELLANEOUS INCOME 02 CAMPAIGN DONATION ** COMMENT ** INVOICE TOTAL: 141.00 VENDOR TOTAL: 141.00 KENPRINT ANNETTE M. POWELL 17043 05/14/09 01 COMM/DEV-50 BUSINESS CARDS 01 130-65-00-5802 06/09/09 29.00 OFFICE SUPPLIES INVOICE TOTAL: 29.00 VENDOR TOTAL: 29.00 LESMANIN LESMAN INSTRUMENT COMPANY 1/505590 05/18/09 01 WATER OP TRULINE CHART 51 000-62-00-5407 06/09/09 197.49 TREATMENT FACILITIES O&M INVOICE TOTAL: 197.49 VENDOR TOTAL: 197.49 MANASSOC THE MANAGEMENT ASSOCIATION 061609A 05/27/09 01 FINANCE-HR ESSENTIALS CLASS 01-120 62-00-5401 06/09/09 580.00 CONTRACTUAL SERVICES INVOICE TOTAL: 580.00 VENDOR TOTAL: 580.00 MARINEBI MARINE BIOCHEMISTS 258155 R5 05120/09 01 SUNFLOWER SSA-ALGAE TREATMENT 12-000 65 00-5416 06109109 766.00 MAINTENANCE COMMON GROUNDS INVOICE TOTAL: 766.00 VENDOR TOTAL: 766.00 MENLAND MENARDS YORKVILLE 14 DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENLAND MENARDS YORKVILLE 10053 05/14/09 01 SEWER OP-LIGHT 52-000-62-00-5419 06/09/09 4.98 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 4.98 10288 05/15/09 01 STREETS-BULB 01-410-65-00-5804 06/09/09 2.98 OPERATING SUPPLIES INVOICE TOTAL: 2.98 11170 05/16/09 01 POLICE-SPARKLE REFILLS 01-210-65-00-5804 06/09/09 6.00 OPERATING SUPPLIES INVOICE TOTAL: 6.00 11355 05/19/09 01 STREETS-GANG BOXES, STAMP 01-410-62 ,00 5414 06/09/09 23.97 MAINTENANCE-TRAFFIC SIGNAL 02 COVERS, OF CONNECTORS ** COMMENT ** INVOICE TOTAL: 23.97 11738 05/20/09 01 WATER OP-SPRAY PAINT 51 000-65-00-5804 06109109 19.12 OPERATING SUPPLIES INVOICE TOTAL: 19.12 11766 05/20/09 01 STREETS-SLEDGE HAMMER, STAPLE 01 410 65-00 5804 06/09/09 23.43 OPERATING SUPPLIES 02 GUN, STAPLES ** COMMENT ** INVOICE TOTAL: 23.43 11945 05/21/09 01 POLICE-9-PC DEEP 3/8" DRIVE 01 210 65 00 5804 06/09/09 7.99 OPERATING SUPPLIES INVOICE TOTAL: 7.99 13501 05/26/09 01 ADMIN WATER 01-110-65-00-5804 06/09/09 1.52 OPERATING SUPPLIES INVOICE TOTAL: 1.52 8187 05/06/09 01 STREETS CARTRIDGE FUSE 01-410 62-00-5416 06/09/09 5.38 MAINTENANCE PROPERTY INVOICE TOTAL: 5.36 -15 DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P O. # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 8201 05/06/09 01 STREETS-STAMP COVER 01-410 62 00-5416 06/09/09 1 .07 MAINTENANCE PROPERTY INVOICE TOTAL: 1.07 9689 05/12/09 01 WATER OP BAGS, DUCK TAPE 51 000-65-00-5804 06/09/09 14.06 OPERATING SUPPLIES INVOICE TOTAL: 14 .06 VENDOR TOTAL: 110.50 METIND METROPOLITAN INDUSTRIES, INC. 217459 05/12/09 01 SEWER OP-REPAIRS TO RIVERS 52-000-62 00-5422 06/09/09 216.50 LIFT STATION MAINTENANCE 02 EDGE PUMP #2 ** COMMENT ** INVOICE TOTAL: 216.50 VENDOR TOTAL: 216.50 METLIFE METLIFE SMALL BUSINESS CENTER 051609 05/18/09 01 FINANCE-JUNE LIFE INSURANCE 01-120-50 00-5204 06/09/09 2,422.12 BENEFITS- GROUP LIFE INSUR INVOICE TOTAL: 2,422.12 VENDOR TOTAL: 2,422.12 MIDAM MID AMERICAN WATER 54620A 05/14/09 01 WATER OP-UPPER STANDPIPE 51-000=75-00-7507 06/09/09 154.00 HYDRANT REPLACEMENT 02 FLANGE *y COMMENT ** INVOICE TOTAL: 154.00 VENDOR TOTAL: 154.00 MJELECT MJ ELECTRICAL SUPPLY, INC. 1108118-00 05/06/09 01 STREETS-LIGHTS AND PARTS 01-410-62-00-5415 06/09/09 13.82 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 13.82 -16- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ MJELECT MJ ELECTRICAL SUPPLY, INC. 108189-00 05/06/09 01 WATER OP-BULBS 51 000-65-00-5804 06/09/09 34.00 OPERATING SUPPLIES INVOICE TOTAL: 34.00 1108205-00 05/07/09 01 STREETS LIGHT 01-410-62-00-5415 06/09/09 7.95 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 7.95 1108256-00 05/11/09 01 STREETS-MULTI-TAP 01 410-62 00-5415 06109109 45.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 45.00 VENDOR TOTAL: 100.77 NARVICK NARVICK BROS. LUMBER CO, INC 38724 05/04/09 01 WATER OP-CONCRETE 51-000 65 00-5804 06/09/09 341.00 OPERATING SUPPLIES INVOICE TOTAL: 341.00 VENDOR TOTAL: 341.00 NCL NCL EQUIPMENT SPECIALTIES 9406 05/20/09 01 STREETS-LATH BUNDLE 01-410 65-00 5804 06/09/09 22.00 OPERATING SUPPLIES INVOICE TOTAL: 22.00 VENDOR TOTAL: 22.00 NEXTEL NEXTSL COMMUNICATIONS 837900513-087 05/27/09 01 ADMIN-MONTHLY CHARGES 01-110-62-00-5438 06/09/09 127.16 CELLULAR TELEPHONE 02 COMM/DEV-MONTHLY CHARGES 01-220-62-00-5438 83.58 CELLULAR TELEPHONE 03 COMM/RELATIONS-MONTHLY CHARGES 01-110-62-00-5438 43.59 CELLULAR TELEPHONE _17- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 09:31:26 DETAIL BOARD REPORT ID. AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------ ----------- NEXTEL NE%TEL COMMUNICATIONS 837900513-007 05/27/09 04 ENG-MONTHLY CHARGES 01-150-62-00-5438 06/09/09 217.93 CELLULAR TELEPHONE 05 FINANCE-MONTHLY CHARGES 01-120-62-00-5438 87.17 CELLULAR TELEPHONE 06 POLICE-MONTHLY CHARGES 01-210-62-00-5438 1,526.93 CELLULAR TELEPHONE 07 SEWER OP-MONTHLY CHARGES 52-000-62-00-5438 130.76 CELLULAR TELEPHONE 08 STREETS-MONTHLY CHARGES 01-410-62-00-5438 217,93 CELLULAR TELEPHONE 09 WATER OP-MONTHLY CHARGES 51-000-62-00-5438 217.94 CELLULAR TELEPHONE INVOICE TOTAL: 2,652.99 VENDOR TOTAL: 2,652.99 OHERROND RAY O'HERRON COMPANY, INC. 0007962-IN 05/22/09 01 POLICE-MACE 01 210-62-00-5421 06/09/09 26.95 WEARING APPAREL INVOICE TOTAL: 26.95 VENDOR TOTAL: 26.95 OLDCOAWO OLD COACH WORKS RESTORATION 052609 05/26/09 01 POLICE-REPOSITION GUN RACK 01-210 62 00-5409 06/09/09 85.00 MAXNTENANCE - VEHICLES 02 TRUNK LID ** COMMENT ** INVOICE TOTAL: 85.00 VENDOR TOTAL: 85.00 OLSONJ .TAMES M. OLSON ASSOCIATES, LTD 9510 05/05/09 01 ARO-KENDALL MARKETPLACE 01-000-13-00 1372 06/09/09 950.00 A/R- OTHER INVOICE TOTAL: 950 00 VENDOR TOTAL: 950 00 16- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # F.O. # DUE DATE ITEM AMT ---------__ -------------------------------------------------------------------------------------------------------------------- PATTEN PATTEN INDUSTRIES, INC. P53CO109591 05/11/09 01 WATER OP-SCREWS, SHIMS, PADS 51-000-62-00-5408 06/09/09 121.39 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 121.39 P53R0015726 05/11/09 01 WATER OP-PART RETURN 51-000-62-00-5408 06/09/09 -39.26 MAINTENANCE-EQUIPMENT INVOICE TOTAL: -39.26 VENDOR TOTAL: 82.13 QUILL QUILL CORPORATION 6686924 05/12/09 01 ADMIN-LABELS 01-110 65-00-5802 06109109 18.99 OFFICE SUPPLIES INVOICE TOTAL: 18.99 6720354 05/13/09 01 ENG-POP-UP NOTES 01-150-65-00-5802 06/09/09 7.64 OFFICE SUPPLIES 02 COMM/DEV-MARKER, FILE FOLDERS, 01-220-65-00-5804 59.53 OPERATING SUPPLIES 03 POP-UP NOTES ** COMMENT ** INVOICE TOTAL: 67.17 6721629 05/13/09 01 ADMIN-PENS, NOTARY SEAL 01-110-65-00-5602 06/09/09 23.34 OFFICE SUPPLIES 02 WATER OP-PRINTER CARTRIDGE, 51-000-65-00-5604 63.48 OPERATING SUPPLIES 03 POST-IT NOTES ** COMMENT ** INVOICE TOTAL: 86.82 6809793 05/18/09 01 ADMIN-BATTERIES 01-110-65-00-5802 06/09/09 11.51 OFFICE SUPPLIES INVOICE TOTAL: 11.51 VENDOR TOTAL: 184.49 R0000679 CENTEX HOMES -19- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT -- ------------------------------------------------------------------------------------------------------ ---- ------------------------ R0000679 CENTEX HOMES LOT1032 05/18/09 01 ADMIN-SECURITY GUARANTEE 01-000-21-00-2115 06/09/09 5,002.50 SECURITY GUARANTEE PAYABLE 02 DEPOSIT REFUND FOR LOT 1032 ** COMMENT ** 03 IN BRISTOL BAY ** COMMENT ** INVOICE TOTAL: 5,002.50 LOT1117 05/19/09 01 ADMIN-SECURITY GUARANTEE 01-000-21-00-2115 06/09/09 2,100.00 SECURITY GUARANTEE PAYABLE 02 DEPOSIT REFUND FOR LOT 1117 ** COMMENT ** 03 IN BRISTOL BAY ** COMMENT ** INVOICE TOTAL: 2,100.00 LOT1121 05/18/09 01 ADMIN-SECURITY GUARANTEE 01-000-21-00-2115 06/09/09 3,525.00 SECURITY GUARANTEE PAYABLE 02 DEPOSIT REFUND FOR LOT 1121 ** COMMENT ** 03 IN BRISTOL BAY ** COMMENT ** INVOICE TOTAL: 3,525.00 LOT989 05/18/09 01 ADMIN-SECURITY GUARANTEE 01-000-21-00-2115 06/09/09 4,177.50 SECURITY GUARANTEE PAYABLE 02 DEPOSIT REFUND FOR LOT 989 IN ** COMMENT ** 03 BRISTOL BAY ** COMMENT ** INVOICE TOTAL: 4,177.50 VENDOR TOTAL: 14,805.00 R0000680 GLADSTONE BUILDER & DEVELOPERS LOT435 05/20/09 01 ADMIN-SECURITY GUARANTEE 01-000-21-00-2115 06/09/09 7,792.50 SECURITY GUARANTEE PAYABLE 02 DEPOSIT REFUND FOR LOT 435 IN ** COMMENT ** 03 GRANDE RESERVE ** COMMENT ** INVOICE TOTAL: 7,792.50 VENDOR TOTAL: 7,792.50 R0000681 MIKE O'NEILL -20- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ R0000681 MIKE O'NEILL 052709 05/27/09 01 POLICE-TACTICAL VEST 01-210-62-00-5421 06/09/09 250.00 WEARING APPAREL INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 ROBBINSK KATIE ROBBINS 051709 05/17/09 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-21-00-2110 06/09/09 450.00 DEPOSITS PAYABLE INVOICE TOTAL: 450.00 VENDOR TOTAL: 450.00 SENGM SENG, MATT 052109 05/21/09 01 STREETS-TOLL REIMBURSEMENT 01-410-65-00-5804 06/09/09 2.80 OPERATING SUPPLIES INVOICE TOTAL: 2.80 VENDOR TOTAL: 2.80 SERVMASC SERVICEMASTER COMM. CLEANING 142584 05/15/09 01 ADMIN-MONTHLY OFFICE CLEANING 01 110 62 00 5406 06/09/09 625.00 OFFICE CLEANING INVOICE TOTAL: 625.00 142585 05/15/09 01 STREETS-OFFICE CLEANING 01-410-62-00-5401 06/09/09 131.66 CONTRACTUAL SERVICES 02 WATER OP-OFFICE CLEANING 51-000-62-00-5401 131.67 CONTRACTUAL SERVICES 03 SEWER OP-OFFICE CLEANING 52-000-62-00-5401 131.67 CONTRACTUAL SERVICES INVOICE TOTAL: 395.00 VENDOR TOTAL: 1,020.00 SHELL SHELL OIL CO. _21_ DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. DUE DATE ITEM AMT SHELL SHELL OIL CO. 065356230905 05/11/09 01 POLICE-GASOLINE 01-210-65-00-5812 06/09/09 21.22 GASOLINE INVOICE TOTAL: 21.22 VENDOR TOTAL: 21.22 SHREDIT SHRED-IT 021314155 05/19/09 01 ADMIN-MONTHLY SHREDDING 01-110 62 00-5401 06/09/09 136.00 CONTRACTUAL SERVICES INVOICE TOTAL: 136.00 VENDOR TOTAL: 136.00 STREICH STREICHERS I629199 05115109 01 POLICE-PANTS, SHORTS 01-210 62 00-5421 06109109 46.98 WEARING APPAREL INVOICE TOTAL: 46.98 I629417 05/15/09 01 POLICE-PANTS 01-210-62-00-5421 06/09/09 39.99 WEARING APPAREL INVOICE TOTAL: 39.99 VENDOR TOTAL: 86.97 TAPCO TAPCO 317815 05/13/09 01 MFT-SIGN 15-000 75 00-7007 06/09/09 160.00 SIGNS INVOICE TOTAL: 160.00 VENDOR TOTAL: 160.00 TARGET TARGET BANK 051809-CITY 05/18/09 01 ADMIN-DISH SOAP, PAPER TOWELS 01-110-65-00 5804 06/09/09 15.47 OPERATING SUPPLIES INVOICE TOTAL: 15.47 VENDOR TOTAL: 15.47 -22- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT --------------------------------------------------------------------------------- --------------------------------------------------- TRAFFIC TRAFFIC CONTROL CORPORATION 0000037142 05/13/09 01 STREETS-LIGHT REPAIR 01-410-62-00-5414 06109109 276.00 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 276.00 0000037211 05/19/09 01 STREETS-CABLES 01-410-62-00-5414 06/09/09 372.00 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 372.00 VENDOR TOTAL: 648.00 TUFFY TUFFY AUTO SERVICE CENTER 10973 05/21/09 01 POLICE-OIL CHANGE 01-210 62-00 5409 06/09/09 29.95 MAINTENANCE - VEHICLES INVOICE TOTAL: 29.95 VENDOR TOTAL: 29.95 UPS UNITED PARCEL SERVICE 00004296X2209 05/16/09 01 ADMIN-1 PACKAGE TO KFO 01-110-65-00-5808 06/09/09 33.25 POSTAGE & SHIPPING 02 WATER OP-1 PACKAGE TO IEPA 51-000-65-00-5808 32.40 POSTAGE & SHIPPING 03 LABORATORIES ** COMMENT ** INVOICE TOTAL: 65.65 VENDOR TOTAL: 65.65 VISA VISA 052609-PD 05/26/09 01 POLICE-MEMBERSHIP DUES RENEWAL 01 210-64-00-5600 06/09/09 305.00 DUES 02 POLICE-TRAINING MEAL,TRAVEL & 01 210-64-00-5605 884.24 TRAVEL EXPENSES 03 LODGING EXPENSES ** COMMENT ** 04 POLICE-GASOLINE 01-210-65-00-5812 96.34 GASOLINE -23- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.D. # DUE DATE ITEM AMT ------------------------------------------------------------------------------------------------------------------------------------ VISA VISA 052609-PD 05/26/09 05 POLICE-ILLINOIS FIRE & POLICE 01-210-64-00-5607 06/09/09 527.94 POLICE COMMISSION 06 COMMISION SEMINAR, POLICE ** COMMENT ** 07 COMMISION LUNCH ** COMMENT ** 08 POLICE-POOL NOODLES FOR CHILD 01-210-64-00-5606 279.63 COMMUNITY RELATIONS 09 SAFETY SEAT INSTALLATIONS ** COMMENT ** 10 POLICE-SENIOR MANAGEMENT 01-210-64-00-5604 750.00 TRAINING & CONFERENCE 11 SEMINAR REGISTRATION ** COMMENT ** INVOICE TOTAL: 2,843.15 052609A-CITY 05/26/09 01 FINANCE-BINDER RETURN CREDIT 01 120 65 00-5802 06/09/09 -88.14 OFFICE SUPPLIES 02 STREETS-CONFERENCE LODGING 01 410-65 00-5804 456.52 OPERATING SUPPLIES 03 FINANCE-MEETING LUNCH 01-120-64-00-5605 21.30 TRAVEL/ MEALS/ LODGING 04 ADMIN-MEETING LUNCH 01-110-64-00-5605 28.51 TRAVEL/MEALS/LODGING 05 WATER OP-SNAP PLIERS 51-000-65-00-5815 87.11 HAND TOOLS 06 FINANCE-WEDSITE UPKEEP FEES, 01-120-75-00-7002 508.20 COMPUTER EQUIP & SOFTWARE 07 CD DISCS & SLEEVES, NETWORK ** COMMENT ** 08 STORAGE SERVER, PEN DRIVES ** COMMENT ** 09 ADMIN-PLANT 01-110-64-00-5607 64.94 PUBLIC RELATIONS 10 ADMIN-ALDERMAN CLASS 01-110-64-00-5604 169.00 TRAINING & CONFERENCES INVOICE TOTAL: 1,327.44 VENDOR TOTAL: 4,170.59 VSP VISION SERVICE PLAN -24 DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE if INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT VSP VISION SERVICE PLAN 051909 05/19/09 01 FINANCE-JUNE VISION 01 120-50 00 5205 06/09/09 1,147.56 BENEFITS- DENTAL/ VISION A INVOICE TOTAL: 1,147.56 VENDOR TOTAL: 1,147..56 WALDACHM WALDSCHMIDT & ASSOCIATES, INC. 5274 05/20/09 01 FOX HILL SSA-MONTHLY LAWN 11-000-65-00-5416 06/09/09 433.78 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 433.78 5275 05/20/09 01 SUNFLOWER SSA-MONTHLY LAWN 12-000-65-00-5416 06/09/09 410.00 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE ** COMMENT ** INVOICE TOTAL: 410.00 VENDOR TOTAL: 843.78 WHOLTIRE WHOLESALE TIRE 129132 05/13/09 01 POLICE-BATTERY 01-210-62-00-5409 06/09/09 269.85 MAINTENANCE VEHICLES INVOICE TOTAL: 269.85 129145 05/14/09 01 POLICE-BATTERY 01 210-62-00-5409 06/09/09 79.95 MAINTENANCE VEHICLES INVOICE TOTAL: 79.95 129262 05/22/09 01 POLICE-TIRE MOUNT & BALANCE 01-210-62-00-5409 06/09/09 109.45 MAINTENANCE - VEHICLES INVOICE TOTAL: 109.45 VENDOR TOTAL: 459.25 YARDLAND YARDWORKS LANDSCAPE SUPPLIES -25- DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 09:31:26 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT YARDLAND YARDWORKS LANDSCAPE SUPPLIES 7844 05/21/09 01 WATER OP SOD & STRAW 51-000-65-00-5804 06/09/09 121.59 OPERATING SUPPLIES INVOICE TOTAL: 121.59 VENDOR TOTAL: 121.59 YORKCLER YORKVILLE CLERK'S ACCOUNT 10959 05/15/09 01 ARO-LANIOSZ, BURGGRAF, ALDIS 01-000-13-00-1372 06/09/09 222.00 A/R- OTHER 02 WATER OP-WATER LIEN RELEASES 51 000-42 00 4240 98.00 BULK WATER SALES INVOICE TOTAL: 320.00 128532 05/22/09 01 ARO-AUTUMN CREEK RECAPTURE 01-000-13-00-1372 06/09/09 $9.00 A/R OTHER 02 AGREEMENT ** COMMENT ** 03 WATER OP-RELEASE OF LIENS 51 000-42-00-4240 147.00 BULK WATER SALES INVOICE TOTAL: 206.00 VENDOR TOTAL: 526.00 YORKPOST YORKVILLE POSTMASTER 052609 05/26/09 01 WATER OP-POSTAGE FOR ANNUAL 51-000 65 00 5808 00204265 06/09/09 1,311.37 POSTAGE & SHIPPING 02 WATER REPORTS ** COMMENT ** INVOICE TOTAL: 1,311.37 VENDOR TOTAL: 1,311.37 YORKPR YORKVILLE PARK & RECREATION 063009-TRANSFER 04/24/09 01 FINANCE-JUNE TRANSFER 01-120 99-00 9940 06109109 81, 625.00 TRANSFER TO PARK & RECREAT INVOICE TOTAL: 81,625.00 VENDOR TOTAL: 81,625.00 DATE: 06/02/09 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 09:31:26 DETAIL BOARD REPORT XD: AP441000.WOW INVOICES DUE ON/BEFORE 06/09/2009 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT - ------- ..-------------------------------------------------------------------------------------------------------------------------- YORKSELF YORKVILLE SELF STORAGE, INC 051509-45 05/23/09 01 POLICE-MAY RENT 01-210P65-00-5804 06/09/09 75.00 OPERATING SUPPLIES INVOICE TOTAL: 75.00 VENDOR TOTAL: 75.00 TOTAL ALL INVOICES: 755,328.03 -27- UNITED CITY OF YORKVILLE PAYROLL SUMMARY 5/23/2009 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION $10,929.35 $0.00 $10,929.35 $887.99 $755.91 $12,573.25 FINANCE $10,622.94 $0.00 $10,622.94 $881.70 $784.33 $12,288.97 COMMUNITY REL. $2,764.00 $0.00 $2,764.00 $207.50 $167.57 $3,139.07 ENGINEERING $13,510.26 $0.00 $13,510.26 $1,121.35 $994.74 $15,626.35 POLICE $88,852.00 $2,094.78 $90,946.78 $674.81 $6,700.96 $98,322.55 COMMUNITY DEV. $11,628.95 $0.00 $11,628.95 $965.21 $839.29 $13,433.45 STREETS $11,483.02 $0.00 $11,483.02 $953.09 $854.89 $13,291.00 WATER $13,347.99 $0.00 $13,347.99 $1,107.90 $987.43 $15,443.32 SEWER $10,715.40 $0.00 $10,715.40 $889.38 $782.49 $12,387.27 PARKS $16,693.27 $263.56 $16,956.83 $1,385.38 $11265.53 $19,607.74 RECREATION $17,374.011 $0.00 $17,374.01 $1,212.66 $1,303.90 $19,890.57 REC. CENTER $9,286.26 $0.00 $9,286.26 $154.18 $704.86 $10,145.30 LIBRARY $18,491.22 $0.00 $18,491.22 $701.81 $1,392.56 $20,585.59 TOTALS $235,698.67 $2,358.34 $238,057.01 $11,142.96 $17,534.46 $266,734.43 TOTAL PAYROLL 5/23/2009 $266,734.43 TOTAL INVOICES FY 08109 6/9/2009 $1,364.60 TOTAL INVOICES FY 09110 619!2009 $755,328.03 TOTAL DISBURSEMENTS $1,023,427.06 -28- c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ Mayor #1 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K a ty CC 2009-54 LE Agenda Item Summary Memo Title: Appointments to Zoning Board of Appeals—Charles Walker and Corey Johnson Meeting and Date: City Council— 6/9/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: See attached applications. M, Alygyoz �� t;11401 Date Received I' 1 L Initials United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road *Yorkville, Illinois 60560 " 6301553-4350f*fax: 6301553-7575 Name t, l /2 Address -311 Phone: Home C,30-c?eJ S73Z Work Fax Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Fagade Program Committee [ ] Plan Commission [] Fire and Police Commission [] Park Board [ ] Human Resources Commission KZoning Board of Appeals [ ] Library Board []Yorkville Green Committee The following questions help in selection of committee members. 1. Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. 2. Why do you want to serve on a Co ission/Committee for the United City of Yorkville? el Thank you r your interest in being apart of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscri minatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. ! understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. ~� Signature of Ap nt Date —091 ^� 1 Date Received Initials United City of Yorkville Commission & Committee Application To be considered for a commission or committee, please complete this application and return to the Deputy Clerk at: United City of Yorkville * 800 Game Farm Road * Yorkville, Illinois 60560 630 1553-4350�*[fax: 630/553-7575 Name Address 0q-Z- Phone: Home 6,3O _L00 -3qco2 Work SA Fax (v-3o • 5c7 - Aec 7 Please indicate the Commission/Committee(s) that you would like to participate on: [ ] Fagade Program Committee [ ] Plan Commission [ ] Fire and Police Commission [ ] Park Board [ ] Human Resources Commission I<Zoning Board of Appeals [ ] Library Board [ ] Yorkville Green Committee The following questions help in selection of committee members. 1 . Indicate your experience (personal and/or work) that will help you in serving the residents of the United City of Yorkville. / *304- ��C A 2 i `�, i=�� C�12 c c2 !►,S TH L �rl SQuG► .v._I 12 A-0 10 S 2. Why do you want to serve on a Commission/Committee for the United City of Yorkville? i rte , r� o A4 c_ iZ�s,VVaT-s 4,F f Av57 04`7 AC-d e-� Thank you for your interest in being a part of the development of the United City of Yorkville! It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring, and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act and all State Civil Rights Legislation. i understand that as part of the process of being considered, it is the City's policy to perform a cursory background investigation on anyone being considered for appointment to one of the commissions or committees. .5-- SignatufXApplicant Date c/Ty Reviewed By: Agenda Item Number 2 � o J a s Legal ❑ Mayor #2 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K a ty CC 2009-55 LE Agenda Item Summary Memo Title: Appointment to Human Resources Commission—Joan Knutson Meeting and Date: City Council— 6/9/09 Synopsis: Re-appointment of Joan Knutson to HRC. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Burd Name Department Agenda Item Notes: C/Ty Reviewed By: Agenda Item Number Z O� Legal ❑ a City Council#1 1836 EST. Finance El Engineer ❑ Tracking Number y City Administrator ❑ °°°° O Consultant El K � °°. • CC 2009-48 El LE Agenda Item Summary Memo Title: Windett Ridge Development Issues—Update and Discussion Meeting and Date: City Council— 6/9/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderman Gilson Name Department Agenda Item Notes: This agenda item was added at the request of Alderman Gilson, with consent from Alderman Werderich and Alderperson Spears. c/Ty Reviewed By: Agenda Item Number 2 i o J a T Legal ❑ Treasurer#1 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant ❑ K d,11 ty . CC 2009-56 LE Agenda Item Summary Memo Title: Annual Police Pension Activity Fund Report for FY May 1, 2008 to April 20, 2009 Meeting and Date: City Council— 6/9/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: City Treasurer Powell Name Department Agenda Item Notes: See attached report. D Clry Q = o United City of Yorkville Esr. 1838 County Seat of Kendall County William Powell 800 Game Farm Road o & ` Treasurer x Yorkville,IL 60560 ZC Phone: 630-553-4350,ext. 6008 Fax: 630-553-7575 May 15, 2009 To: Police Pension Board City Council United City of Yorkville Subject: Annual Police Pension Fund Activity for Fiscal Year May 1, 2008 to April 30, 2009 (As required by Illinois State Statue 40 ILCS 513— 141) Fiscal 2007-08 Fiscal 2008-09 Fiscal 2009-10 Actual 41301 Estimated Actual 4130 Estimated Balance as of May 1: 2,156,872.18 2,612,538.50 2,612,538.50 2,740,233.35 Contributions: Employees: 182,597.35 190,000.00 196,258.23 210,000 EVIRF Transfers 0 0 0 0 Tax Levy: 275,144.21 300,000.00 297,327.74 325,000 Investment Income: 152,262.27 180.000.00 -227,377.67 NIA Total Contributions: 457,741.56 490,000.00 493,585.97 535,000.00 ExpensesPaid: Contribution Refunds 22,662.66 3688.57 6,176.56 0 Supplies: 13.75 100 19.4 100 Legal Fees: 3000 2400 2,400.00 2600 Accounting/Minutes 1692.5 1800 1,475.00 1600 Audit Fees: 3000 2200 0.00 2150 IDOI Filing Fees: 1000 2000 1,475.00 1350 Actuarial Fees: 1300 1500 1,300.00 1500 Investment Fees: 11,352.00 15,000.00 12,375.00 15,000.00 Pension Seminars 0 1000 0.00 1000 IDOI Compliance Fee 3 16.6 400 431.37 500 Retirement Payments 110,000-00 11228,00 112`,861`12 113,880.60 Total Expenses 154,337.51 142,216.57 138,513.45 139,680.60 Fiscal Year End Balance: 2,612,538.50 2,960,321.93 2,740,233.35 Submitted by: P ,, William Powell: United City of Yorkville Treasurer 444M President Secretary file: Annual T Rpt 43009.xis c/Ty Reviewed By: Agenda Item Number Jam ` 0-0 Legal ❑ EDC #1 Finance ❑ EST. , �'� 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K � °°. • PC 2009-08 El LE Agenda Item Summary Memo Title: Ordinance Approving 2nd Amendment to Fountainview Annexation Agreement Meeting and Date: City Council— 6/9/09 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached ordinance and agreement. Also see additional information regarding this request under Public Hearing#1. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2009- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, APPROVING A SECOND AMENDMENT TO THE FOUNTAINVIEW/DTD INVESTMENTS,LLC ANNEXATION AGREEMENT WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and DTD Investments, LLC, an Illinois limited liability company (the "Owner/Developer"), entered into an Annexation/Planned Unit Development Agreement on April 24, 2007 (the "Agreement"), regarding property owned by the Owner/Developer which is approximately 4.214 acres of land(the "Subject Property"); and, WHEREAS, the City and the Owner/Developer amended the Agreement on June 24, 2008, to, among other things, provide for the application of the Owner/Developer for the variances as deemed necessary to allow a reduced front yard, side yard and parking set backs for the building to be constructed on Lot 3; and, WHEREAS, the Owner/Developer now desires to amend the Agreement as amended on June 24, 2008, to rezone the Subject Property from a B-3 Business District to a PUD District and resubdivide the Subject Property under the terms and conditions stated therein; and, WHEREAS, the Mayor and City Council deem it necessary to approve this proposed Second Amendment to the Agreement, attached hereto, and to amend such terms and conditions as stated therein. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. The above recitals are incorporated and made a part of this Ordinance. Section 2. The attached Second Amendment to Annexation/Planned Unit Development Agreement, in the form attached hereto, is hereby approved, and, the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. 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 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) SECOND AMENDMENT TO ANNEXATION/PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE BY AND BETWEEN THE UNITED CITY OF YORKVILLE AND DTD INVESTMENTS, LLC DATED APRIL 24, 2007, AS AMENDED, JUNE 24, 2008 (Fountainview) THIS SECOND AMENDMENT to the Annexation/Planned Unit Development Agreement to the United City of Yorkville by and between the United City of Yorkville (the "City") and DTD Investments, LLC, an Illinois limited liability company (the "Owner/Developer") dated April 24, 2007 (the "Original Agreement") and amended June 24, 2008 (the "First Amendment") is made and entered into this day of June, 2009. WITNESSETH: WHEREAS, the Owner/Developer of the real property which was the subject matter of the Original Agreement comprising approximately 4.214 acres of land and legally described on Exhibit A, which is attached hereto and incorporated herein by reference, was annexed to the City in 2007 and zoned as B-3 Service Business District ("13-3"); and, WHEREAS, the Owner/Developer has proposed that the Subject Property be rezoned from B-3 to a Planned Unit Development ("PUD") in order to permit the development of the property for use as an "automobile painting, upholstery, repairing, reconditioning and body and fender repairing, when done within the confines of a structure"; and, I WHEREAS, the City's staff has advised the Owner/Developer to proceed with an application to amend the zoning and to proceed with the submittal of a new site plan for the development of the property. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree as follows: Section 1. Zoning. Section LA of the Original Agreement is hereby amended by deleting all references to B-3 Service Business District Zoning, the Site Plan dated December 8, 2006, the uses of the Subject Property and the set back requirements as stated thereon and inserting the following: (A) The Subject Property shall be rezoned from B-3 to PUD in accordance with the procedures and requirements of the City's Zoning Code and subject to the conditions stated in Section 2 below; and, (B) The Plat of Subdivision for the Subject Property, approved May 22, 2007, shall be amended in accordance with all procedures and requirements of the City's Subdivision Code to reflect a subdivision to permit the development of the Concept Plan attached hereto as Exhibit B and made a part hereof. Section 2. Conditions to Apply to the Subject Property Upon Rezoning to PUD. The Owner/Developer hereby agrees to the following conditions upon the rezoning of the Subject Property to PUD: A. That all structures constructed on the Subject Property be of masonry material and the structure on Lot 3 have the elevations as stated and depicted on Exhibit C attached hereto and made a part hereof; B. To construct an eight foot (8) high masonry wall matching the materials of the structure(s) surrounding the outdoor `repair vehicle storage' area and trash enclosure area, which wall/enclosure must be outside of any utility/drainage easement. 2 C. To construct a ten foot (10') wide asphalt train along the IL47 frontage (Lot 1) of the property consistent with the City Park Development standards as well as sidewalks within all parcels to serve all buildings/uses in the development and provide connection to the IL47 trail. D. That the loading area for serving any structure to be constructed on the Subject Property shall be the required dimension of 10'x 50'. Section 3. Notices. Section 7 of the Original Agreement is hereby amended by deleting said section and replacing it with the following: 667. Notice. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 with a copy to: Kathleen Field Orr Kathleen Field Orr &Associates 180 North Michigan Avenue, Suite 1040 Chicago, Illinois 60601 To Owner: Dean Tomich DTD Investments, LLC 815 North Larkin Avenue, Suite 202 Joliet, Illinois 60435 To Developer: Dean Tomich DTD Investments, LLC 815 North Larkin Avenue, Suite 202 Joliet, Illinois 60435 with a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties." 3 Section 4. Terms of Original Agreement amended by the First Amendment. All terms and conditions set forth in the Original Agreement as amended by the First Amendment other than those provisions set forth above, are hereby confirmed as in full force and effect. Executed as of the date first written above. United City of Yorkville, Kendall County, an Illinois municipal corporation By: Mayor Attest: City Clerk DTD Investment, LLC By: President Attest: Secretary 4 c/Ty Reviewed By: Agenda Item Number 2 i o J a s Legal ❑ EDC #2 Finance ❑ EST. 1 � 1836 Engineer ❑ Tracking Number y City Administrator ❑ Consultant El K C ty PC 2009-01 d 1 LE Agenda Item Summary Memo Title: Proposed Wind Energy System Regulation Ordinance—First Reading Meeting and Date: City Council— 6/9/09 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: See attached staff report. o Memorandum To: EDC/City Council leas Esr. From: Travis Miller Cc: Lisa Pickering (for distribution) © Date: June 5, 2009 ry e�E �'�'v, 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 June 2, 2009 EDC recommendations including: 1. 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 a small wind certification program reco nig zed 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) 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. Permitting Fees. i. Rooftop wind energy systems will be subject to a one hundred 00/100 dollars ($100.00)building permit fee. The permit fee will be payable at the time of the application submittal by the petitioner. 3 June 4, 2009 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 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 Small Wind Certification Council Page I of I VL OThe Small Wind l AL,G.at S=WCC Certification COUnCII P"i ; ,i y (SWCC), is an independent x �' certification body, will certify that small wind j ' Cortified Turbines turbines meet or exceed �7 + the performance, durability, and safety -'f requirements of the Small Manufacturers h€�� wind Turbine Performance > and Safety Standard. 1. This certification will provide a common North For Consumers American standard for repotting turbine energy /w �+ and sound performance, and help Small wind Get E-mail Updates technology gain mainstream acceptance. =1001 Small'1Y n C�rtlfiCal On Counc�l I deli jn hen wrvl2 littp://sinallwiiidcertificatioii.org/ 6/3!2009 Small Wind Certification Council Page 1 of 1 yLL `�e SMALL For Manufacturers Standard I SWCC Policies I Home Certification Application& Fee I FAQ About SWCC SWCC will certify turbines to the AWEA Small Wind Turbine Performance and Safety Standard. Although the Standard has not yet been adopted, the draft Standard applies to Certified Turbines turbines with a swept area of less than 200 square meters. Horizontal and vertical axis turbines both qualify. SWCC is currently developing the certification policies and process.The following describes the expected roles for testing and certification. Testing For Manufacturers Certification applicants may choose to use an accredited or non-accredited laboratory or to conduct the testing themselves. All testing used in a manufacturer's certification application must comply with the AWEA Small Wind Turbine Performance and Safety Standard and SWCC Policies(to be developed).Testing organizations must sign an agreement with SWCC For Consumers detailing their responsibilities. All testing Costs will be the responsibility of the certification applicant. Certification Get Email Updates Certification applicants will submit the test report and other application materials to SWCC. The Fees for certification will be available later.The SWCC Certification Commission will make the final certification decision. Cordact Us Once a product has been certified, SWCC will issue the Rated Annual Energy, Rated Power and Estimated Sound Level Ratings. SWCC will develop a label, which will include these ratings and note that the turbine meets the durability and safety requirements. SWCC will develop policies and agreements governing the use of the SWCC label. The information on the label will also be included on the SWCC web site along with more detailed information such as power curves. ©2009 Small Wind Certification Councd http:l/smallwindcertification.org/manufacturers.html 6!4/2009 Small Wind Turbine Equipment Providers Page 1 of 5 Store I Contact Home Member center News About AWEA Events LepislattvC Polity small wind Ptlblitations Resources Utihty small wind small wind Ir2aUPnh, A.aed Small Wind Turbine Equipment Providers ° QLre-t:ml., The American Wind Energy Association (AWEA)has compiled the tollow ng list of U.S. + Comir•,,n,Labons Irolbo- marto4acturers anti suppliers of wind turbines for use in residential,farm,and commerual/Industrial apphcatinns Many have Web sites or <ire accessible through f.- Take Action: Tail Success Stones marl links. Links are also provided to th@ company irstirgs on the AWhA Industry Congr,:b:•tit support o r1f-rnbrl DrrF,till Y. tax credit for small+yuldl date by SwtF ihnn Commercially proven U.S equipment provider%*viclude: Wind Energy Weekly AUv,Cr From an L+'p"rt Manufacturer Models (Rated Capacity) Lae„pment Provider., Abundant Renewahle energy AP 110(2 5KW),ARI442 (IOKW) r lUrne energy`?"LCrm, w++..v.el]unddnLre.[[IT7 .. Ot'hn-,orom Aeroetar Aeroster 6 f+serer (lOKW) ++a.L.der OStar Ju7d COm I�raFI rICS Ul✓rdr, APru Vrf Ornn Pnt AVX 1000(1kW stern) A,',i' ",al 1Ze-ourc-s ""W,.6%,111C.r"IT The leading newsletter T.r,du.dry SrarCald Bergey WuldpowerCo. BVVC XL I (1 kW)r for the wind energy www.bergey.corn BWC EXCEL(10 kW) industry jwall Wind Ilona SubsCrru2 To[rb� Energy Maintenance Servic- EIS (35 k),V or 65 kW) wv w.c r er,}y n i S.CO I Emegrity Wind Systerrts I-ViSu (50 kW) areas of interest vtv'w enrt�nrh�r'.n "Om AV EA Even-t.al,,wla. Gaia-Wind Ltd 11kW .w.vv.rla,a wind.com Manah Power Windspire(1 2 kW) www In,lriahpower.roin Northern Power NP5 100(100 kW) wvrw.norlr',ernpov,f r c.01TI Proven Energy, Ltd Proven 2.5(2.SkW), Proven 6(6kW), wl4'vr.pr^vrnNnrrgy.,.0.nk Proven 15(1SkW) ReDrlven Power, Lnc. 2kW 5kW 10kW 20kW wvrw.rerdrlv_n.nut Southwest Wrndpower Co. AIRX(400 W),Vih seer 100 .vwvl.wnalenerrly.com (90C W),Whisper 200 (1 kW), Whisper 500{3 kW), Skystream 3.7(1.8 KW) Ventera Energy, Inc VT 10(10 kW) wY:w VPnt(-roei)�rcjy,cr'iri Wind Energy Solutions Canada WES 5 Tuhpo - (5 Metre Rotor Dia. - vrwr.vrrndenr-rrlytioltttl',ns.ca 2.5 kW), WES 18 (18 Metre Rotoi Dia. - 80 kW), WES 30 - (30 Metre Rott,r Dia - 250 kW) Wind Turbine Industries Corp 27-10 Iacobs(10 kW), www.wuld[n hinn n^r 31 20 Mcohs(20 kW) e t,neo pr auar,,ea b- r?cWnizeb agenc,es a;meet,rg c.;1obl snea stanjardi an❑rera^menCed littp://www.awea,org/smallwind/smsyslst.html 6/3/2009 Small Wind Turbine Equipment Providers Page 2 of 5 l l (see i tl J. l ,and;o,&.1l r,ed b-,A;V E4',;Small 1100d %l Corrirn-tltee 3s co,-e,nal�v 3va,laVe—th l Vjl)"CIV ZICCESSLl QpEl riS!•,illal in the U 5 Abundant Renewable Energy 22700 NF 1`110l Top P(IL Newberg,OR 97132 P110ne! (503)538-13296 fax (503) 5118-8782 F l rifu@abuTil e,11T' Web: wL.',w abl l Contact: Robert Preus ARE wind generators.,re as strong as the} col Designed for harsh l 3tes,they are built simply and ruggedly to quietly last.Af�E niic[)il have a large swept area to capture more wind and produce more energy,especially in low wind speeds. Thl ival produce ei)l irl the winds you gil day in and day Out PLwtr when you l it,not lust in sto • ARE ma n u fmcit tires the ARE110(2,5KW),the ARE4-12 (10KW), as well as variety or tower types and sizes. TOr Aerostar, Inc PO Brix 52 Westpcl Point, MA 02791 Phone: (508)630-92l fax: (503)636-31j2 E mail: Weh7 wwrw,)er—ilarw,nd,rcjr Contact: Paul L. Gav AEROSTAR wind turbines utilize inauctrun yenerators allowing simple direct utility interconnil wilholit the need for an inverter. The two blade teetering rotor Substantially reduces Ina(Is on the turbine and(owl res(itting in a sainotti running, efhl and low cost systel Although 016 turbine design goes back to the early 19805, tire design incorporates the latest advances in rvatel arid technology. Advances include variable generator excitation col witch substantially unproven energy capture at low wind speeds, aerodynamic rotor control to ensure safe operabon and i(ol isolation r)f moving parts for extremely quiet operation. All syst-,l are available with a color touch Screen display, data logging of wIP16 Speeds and Ll output arid an Ethernet rrtlQrf3L0 50 you can monitor your turbine performance from anywhere in the world. Bergey Windpower Company 2200 Industrial Blvd. Normal OK 73069 Phone: (405) 36-4-4212 Fax: (405)364 2078 E-mail; sdles.liuerip�y.-:orn Web:wwwr bel Contact: Steve Wilke Established in 1977, Bergey Windpower wanUfal highly reliable wind energy systems with ratings tip to 10 kVV. BWC wind turbines have earned a worldwide reputation for ruggedness and f6ldbility arid they incorporate some of the most advanced technology in the industry.They are used for on-grid and off grid applications Such as utility bill redULtron(hl l and sl businesses), telecommunications,and village elErtrificatinn. Bergey generators are successfully opOrAlLing in all types of eriv,ronirrients from Alaska to Saudi Arabia,in all 50 U.S. states and More than 100 other col lases around the world Complete systems, systems components, enginel services, insrallatlon5 and training can be provided. Bergey turbines are sold and servired by a network of Over 600 dealers. Energy Maintenance Service, LLC 124 Main Avenue,PO Box 158 Gary,SID 57237 Phase: (868)4.1k)-1)732 Fax: (l 272-1x402 El infoeioriercjyri)—corn Web: wtvw.eneigylns,r:om We at EMS leverage our intimate understanding of most all commercial wind turbine syslteins deployed in North America, new and old, as we develop prul designed to enhance or replace these aging tpchnologres and urifil asset performance.Our littp://www.awea.org/sinallwiiid/smsyslst.htint 6/3/2009 Small Wind Turbine Equipment Providers Page 3 of 5 South Dakota based remanufacturing facility and UL Cei dried panel shop give us complete control over all turbine renlanufacturng processes leadmq to a higher quality fin shed product. TOP Entegrity Wind Systems PO Box 832 Charintte,tovi PF i JA 7L9 Canada Phone: (902) 366 7171 Enlail inforiii,nrrgiicywnd-Gorr Web: r ww.ent!gr[ywintL „m Ccnt7rt: Canner Maclmtyre Entegrity Wind Systems,Inc. (EWSI) is the manufacturer and distributor of the F*IS wmd system,a Very notable Si wind turinne, which !S particularly suited to wind hyhr!d applications in which the power is used diecily by the end user customer. The EVY15 iS!deal for use by farms,schools, industrial businesses,and municipal waste water treatment facilities in grid tied apphrations. For remote communities the EW15 can be incorporated into a utddy system to provide power to Me small villages and towns. The EW 15 is a s!gn!hc eintly advanced version of the former ADC 15150-The EW15 can be expected to deliver between 150,000-200,004 kWh per year,depending on the wild regime at the site The Nrpectod useful life of the EW15 is 30 years. EW51, located in Charluttetown, Pn!rce EUward Island, Canada, has operated successfully score the cu{rent management assumed control of the tormer Atlantic Orient Corporation in 2002. Gaia-Wind Ltd Hilhngton Park 1 Ainslie Rnad GUasyow G52 4RU Unded Kingdom Phone- +44 645-87I 42.12 Fax; +44 141-585-6301 web' www.gaia wind corn Gaia-Wind rnanufactiires small and efficient wind turbines for private homes, farms, rural areas and light commercial/industrial facilities. Its flagship 1 1k model incorporates more than 20 years of Danish wind induety experience arid includes features typically only found in utility-scale equipment! direct grid connection, triple witty system,constant rotor speed, passive stall,gearbox, tip brakes, amongst others. Them-are over 180 worldwide mstallatons with more than 1,000 years of combmed operational history. Gala-wind is also the only Small wind turbine t0 have received the coveted Danish HB certification. Tile firm is headquartered in Glasgow, Scotland but retains its manufacturing taclht!es in Arhus, Denm.uk. Mariah Power S iS0 Louie Lane Rent,NV 69511 Phone; 775857 4868 Fax: 775-201-0269 Fmrlll: sales�pananahprnver.com Web: www.!nar!ahpower.com, ,.wiv.windspii!nro Mal Power manufactures the W!i wind turbine, an affurdable,attractive, and 5dent 1.7 kW vertical axis wind power appliance. Standing only 30 feet tall,the sleek design is well-suited W residential, business,and many other applications, Independently tested and UL-certified, the Windspire Features a fully-integrated design,including a high-efri generator, integrated inverter,wireless performance monitor, and tilt-up monopole.The Windspire is made in the USA ( Michigan ),and is avadabltr thi0ugh dealers, Mal Power has ds headquarters and R&D in Reno, Nevada sell;throughout the US a5 well as internationally. Northern Power 29 Pitman Road Barre,pennant 05641 Phone: 802-461 2955 Email: inlo!u nortnernpower—om tiVeb: www.nnrth2rnnnwi?ream COniai:t: Maureen MrCr3cken Northern Power has been a lender in wind power technology for over 30 years, and continues to set the standard for advanced technology and high reliability in http:l/www.awea.org/smallwind/smsyslst.html 6!312009 Small Wind Turbine Equipment Providers Page 4 of 5 w nd power-The company's Northwint1100 turbine r5 Si Zed speoflcaliy for schools/universities, commercial farms, municipalities, business campuses,and other similar distributed power apphedhon5. the NnrthWrrd100 utilizes gearless, direct drive architecture and a permanent magnet oenerator to provAe best in-class energy capture and extremely low mdurt''nance. Proven Energy Ltd Wardhead Park Stewwron Ayrshire KA3 5LH Scotiarid, UK. 1"hone: +44 (0) 1560 4136 545 Email: elena.suihnrlandg3rpiovenPnerny.com Web: www r,r„vrnrr}e gy r„ uk Contact: Elena Sutherland Proven Energy ss a world s leading supplier of small scale wind turbines; globally renowned for turbine performance. Our unrivalled experience spans almost thirty years of product inspiratii)n,innovation and development ReDriven Power ReDr ven Power Inc. 24A Bath Road Iroquois,Ontario KOL 1V•U Phone: (866) 3300007 Fax: (613) 652 1903 E-ma�1: salec�`,:f+eDriven.ca Web:www redriveri.net Contact: Rob Poulin ReDriven Power Inc.is the rnarufacturer and distnbutor of the ReprlVen 2 kW, 5 kW, 10 kW and 20 kW wind systems. These very reliable active yaw wind turbines „re well suited to on-grid installations m which the power is consumed directly by the end-user All ReDriven units are ideal for use by farms,cottages, ranches, rural homes,small schools,small industrial businesses,and other facilities in grid Led applicat ions, Charncterred by energy prnrtuct on at very law wind Start up speeds, the ReDriven 20 kW wdl deliver signdreantly higher,output as at higher ward speeds the turbine turns slightly out of the wind wlnle producing maximum power. The expected userul lire of the ak ReDriven products is 75 years. ReDriven, located in Iroquois,Ontario Canada, has a growing 4J+ dealer network across North America. Tap Southwest Windpower 1801 W. Route 66 Flagstaff,AZ 86001 Phone: (928) 779-9463 Fax: (928) 779-1485 r gull; an(lyr,:twvlrienPrgy.rorri Web: www.winrlenergy cons , .rv4w sk•,sheainerierny.com Contact: Andrew Kruse Southwest Windpower is a 20-Year old company has been a pioneer in the development of wind ter-hnglogy and has produced over 90,000 generators that provide power to residert al homes, rernotrt cabins, telecom transm tters,offshore platforms, water pumping and sailboats, Southwest Wirdpower produces SkystreaniTM,Afr and Whisper turbines to meet a variety of residential and industn,il needs. Small Winn has never been so easy. Announcing the Skystredm 3.7 residential power appliance. It's the first compact, utrRty-connected,all-inclusive wind (lent, fat4r de5ignp(1 to provide inexpensive, glhPt,ClPdrl elertriClty to reduce or eliminate your home's monthly energy bill. Ventera Energy Ventera Energy Inc. 6100 Waseca St Duluth, MN 55807 Phone: (218)624-4n.10 Email: munipiectE-(gventeraeneruy.com Web: www•venteracnergy.com littp://www.awea.orgismallwind/smsyslst.btmi 6/3/2009 Small Wind Turbine Equipment Providers Page 5 of 5 Contact, M3my(inipierre Ventera Energy Inc.is(tie maker of the new VTIO,a 1OkVV,Grid Twd Wind 1 urhrne manufactured in Duluth, MN, The V110 produces enough energy CJ completely elnrrmate the need to buy electricity For a typical farmhouse,producing between 1,000 to 2,000 kdowati-hours per month with a good wind resource. This cutting edge system is the product of more than 30 years experience in the small wind industry The VT1O uses the first ever dual wind and solar input, dual leak power tracking Synchronous lnveiter Capable of creatrag a 12 kW Hybrid systc:nr, 1 he patented governuig naechanisrn protecting the VT Io;n high winds not only allows it to survive wind speeds at more than 100 mph but (unlike competitors) to rorilinue producing at near peak levels while doing so. The VI"10 uses a freest-indirg, tilt dawn tower with a total fontpnnt of only 5 to 13 feet. Nnt using guy wires radicdlly reduces the amount of land needed,arid the dangerous lob of h•svrng to cloT&the tower is c-ompletety eHmrlatf=d. The d sect drive design drastically reduces lreventative maintenance by using very few moving parts, with sealed bearings throughout arid no gear(aux to luUncate. Rather than every 6 rrionths as on many systems, preventative maintenance on the V710 is once every 3 to 5 years T 0i,- Wind Energy Solutions (WES) Canada 2452 Thompson Road, brtanc,,Canada Phone- 905 957 R791 Fax: 905 957 8769 E-mail: k baryent }lwuiilc•nerilysoli,t ons.ce Well: www.windP nr?rgycOluh'NaS.C1 Contact: Ken Baigent Wind Turbine Industries Corporation 16RUI Industrial Circle, SF Prior Lake, MN 55372 Phone+- (952)417 6061 Fax: (952)441x6050 E-mail: r :r„a.,uadturhinC.ne Web: w iv v�iridtorbuie.net President: ArrhiP 1. Pavek Manager. Steve T. Turek The exclusive manufacturer of the Jacobs wind energy systems since 1956, the wind plants range in size from 10kW tJ 20kW, with rotor sizes ranging from 23 ft. (7 (n)to 24 ft. (S.13 in). These systems can provide power for a broad range of ,,pplications,what, include Grid Interne(ubhry hill reduchon)or Hybrid battery charginrg(remote battery(harging) T he Jacobs 5:•wind energy systems have over 70 years of history providing Clean, (lual,ty, reliable and efficient power in the USA ,ind around the world 1011 Member Center News ; About AWEA Events• Legislative; Policy Small Wind I Publications I Resources; Utility Tot:of Page AMERICAN WIND ENERGY ASSOCIATION' 15111 M 5!71'0, N VW,budP liiild ; 1.'eia5ningion,D, 2001[6 I Ptiom, 1112.38j.2500 1`a>, z0' 183 2505 I v4iildTrdllL�dvvva.Gra nr•yrigtit 1•,•Jr, 2009 American Wind Fnergy Asocianrn All Rights Fr•5nr od Site Guide I"lease report uad Ink:anr:itchnic:ai p;Obie lr t, web support. http:llwww.awea.org/sinallwind/smsyslst.litml 6/3/2009 Eligible Small Wind Turbines Page 1 of 5 Californian Home Contact Us Site Map Fnergy Consumer Energy Center ERP Rebate program Co:tirnission List of Eligible Small Wind Turbines California Energy Commission Emerging Renewables Program Manufacturer Model Power Nance Number Description Output (Watts) Abundant Renewable 10,OOOW; HAWT, Energy ARE442 Upwind, Passive 10,000 Produces rated power at 25 mph. Side Furling Abundant Renewable 2,50OW;HAWT, Energy ARE110 Upwind, Passive 2,500 Produces rated power at 25 mph. Side Furling Advanced: Solar, API 500W 500W VAWT Wind Hydro,Wind Power VAWT Turbine 500 Produces rated power at 22 mph. Co. Inc. Advanced: Solar, API 1kW I,OOOW HAWT Hvdro,Wind Power FREE Wind Turbine 1,000 Produces rated power at 20 mph. Co. Inc. Advanced: Solar, API 2kW 2,OOOW 14AWT Hydro, Wind Power FREE Wind Turbine 2,000 Produces rated power at 20 mph. Co. Inc. Advanced: Solar, API 3kW 3,OOOW HAWT Hydro,Wind Power FREE Wind Turbine 3,000 Produces rated power at 22 mph. Co. Inc. Advanced: Solar, API AW 5,OOOW HAWT Hydro, Wind Power FREE Wind Turbine 5,000 Produces rated power at 22 mph. Co. Inc. Advanced: Solar, API 20kW 20 OOOW HAWT Hydro, Wind Power FREE Wind Turbine 20.000 Produces rated power at 22 mph. Co. Inc. Advanced: Solar, APE 1kW I,OOOW VAWT Hydro,Wind Power VAWT Wind Turbine 1,000 Produces rated power at 26 mph. Co. Inc. Advanced: Solar, API 3kW 3,OOOW VAWT Hydro,Wind Power VANVT Wind Turbine 3,000 Produces rated power at 26 mph. Co. Inc. Advanced: Solar, API IOkW 1O,00OW VAWT Hydro,Wind Power VAWT Wind Turbine 10,000 Produces rated power at 26 mph. Co. Inc. Advanced: Solar, API IOkW 10,00OW HAWT Hydro,Wind Power FREE Wind Turbine 10,000 Produces rated power at 22 mph. Co. Inc. Aero Wind Energy AWE-25 25,OOOW Wind 25,000 Produces rated power at 29 mph. Turbine Aero Wind Energy AWE-5 51OOOW Wind 5,000 Produces rated power at 29 mph. Turbine http://www.consumerenergyceiiter.org/cgi-bin/eligible smallwiiid.cgi 613!2009 .Eligible Small Wind Turbines Page 2 of 5 Aerostar, Inc. 6 Meter 8,60OW Wind 8,600 Produces rated power at 30 mph. Turbine 1,000W Building- AeroVironment,Inc. AVX1000 Integrated Wind 1,000 Produces rated power at 29 mph. Turbine Anhui Hummer Dynamo Co., H6.4-500OW SOOOW Wind 5,000 Produces rated power at 22 mph. Ltd/Harsh& Turbine Associates Anhui Hummer Dynamo Co., H3.8-200OW 200OW Wind 2,000 Produces rated power at 20 mph. Ltd/Harsh & Turbine Associates Anhui Hummer Dynamo Co., H3.1-INOW INOW Wind 1 000 Produces rated power at 20 mph. Ltd/Harsh&: Turbine Associates Anhui Hummer Dynamo Co., H2.7-50OW 50OW Wind 500 Produces rated power at 16 mph. Ltd/Harsh& Turbine Associate,,; Bergey Windpower BWC 1500 1,50OW Wind 1,500 N/A Turbine Bergey Windpower BWC 10,000W Wind 10,000 Produces rated power at 31 mph. EXCEL Turbine Bergey Windpower BWC XL.1 1,OOOW Wind 1,200 Produces rated power at 25 mph. Turbine Century Wind Energy CW-FRE- 5,OOOW HAWT 5,000 Produces rated power at 22 mph. 5kW Wind Turbine Century Wind Energy CW-FRE- 3,OOOW HAWT 3,000 Produces rated power at 22 mph. 3kW Wind Turbine Century Wind Energy CW-V-PK- I0,000W VAWT 10,000 Produces rated power at 26 mph. 10 Wind Turbine Century Wind Energy CW-V- 3,OOOW VAWT 3,000 Produces rated power at 26 mph. P3000 Wind Turbine Century Wind Energy CW-V- 1,000W VAWT 1,000 Produces rated power at 26 mph. PION Wind Turbine Century Wind Energy CW-V-P500 50OW VAWT Wind 500 Produces rated power at 22 mph. Turbine Century Wind Energy CW-FRE- 2,OOOW HAWT 2,000 Produces rated power at 20 mph. 2kW Wind Turbine Century Wind Energy CW-FRE- 20,000W HAWT 20,000 Produces rated power at 22 mph. 20kW Wind Turbine Century Wind Energy CW-FRE- I O,OOOW HAWT 10,000 Produces rated power at 22 mph. l OkW Wind Turbine Century Wind Energy CW-FRE- 1,000W HAWT 1,000 Produces rated power at 20 mph. 1kW Wind Turbine Wind Eagle 30,000W Wind Cygnus Wind Systems 30 Turbine 30,000 Produces rated power at 26 mph. EcoAdvantage Power, EBX 20 20 kW Eco$reeze 25,000 Produces rated power at 24 mph. Inc. Wind Turbine EcoAdvantage Power, EBA 20 20 kW Eco$reeze 25,000 Produces rated power at 24 mph. Inc. Wind Turbine EcoAdvantage Power, EBS-20 20 kW EcoBreeze 25,000 Produces rated power at 24 mph. littp://www.consumerenergycenter.org/egi-biii/eligible_smalIwind,cgi 6!3/2009 Eligible Small Wind Turbines Page 3 of 5 Inc. Wind Turbine Endurance Wind 5,OOOW Wind Power, Inc. 5-250 Turbine Generator 5,000 Produces rated power at 31 mph. System Entegrity Wind 50,OOOW Wind Systems EW15 Turbine 50,000 Produces rated power at 25.3 mph. Farm Boy Energy Inc. FH-5 51.NOW Wind- 5,000 Produces rated power at 22 mph. Driven Generator Farm Boy Energy Inc. FH-20 20,OOOW Wind- 20,000 Produces rated power at 22 mph. Driven Generator Farm Boy Energy Inc. FH-10 10,00OW Wind- 10,000 Produces rated power at 22 mph. Driven Generator Fortis Montana 5,80OW Wind 5,000 Produces rated power at 31 mph. Turbine Fortis Alize 12,OOOW Wind 10,000 Produces rated power at 24 mph. Turbine Fortis Espada 80OW Wind 750 Produces rated power at 36 mph. Turbine Iskra Wind Turbine AT5-1 Iskra AT5-1 5,000 Produces rated power at 11 m/s,200 rpm. Manufacturers Ltd Jiangsu Jianghuai FDH350OX 3,50OW HAWT, 3,500 Produces rated power at 25 mph. Greenenergy Co., Ltd Downwind Jiangsu Jianghuai FDV3500 3,50OW VAWT 3,500 Produces rated power at 28 mph. Greenenergy Co., Ltd Jiangsu Jianghuai FDH3500S 3,50OW HAWT, 3,500 Produces rated power at 25 mph. Greenenergy Co., Ltd Upwind Kestrel Wind Turbines e150 60OW Wind 600 Produces rated power at 27 mph. Turbine Kestrel Wind Turbines e4OO 3kW Wind Turbine 3,000 Produces rated power at 27 mpli. Kestrel Wind Turbines e300 1 kW Wind Turbine 1,000 Produces rated power at 27 mph. Kestrel Wind Turbines e220 80OW Wind 800 Produces rated power at 27 mph. Turbine 1,20OW VAWT Mariah Power Windspire Turbine, Integrated 1,200 Produces rated power at 25 mph. Inverter Northern Power NW100 IOOkW Wind 100,000 Produces rated power at 31 mph. Systems Turbine PacWind,Inc. SeaHawk 50OW Wind 500 Produces rated power at 28 mph. Turbine PacWind,Inc. Delta I 200OW Wind 2,000 Produces rated power at 28 mph. Turbine Proven Energy WT2500 2500W Wind 2,500 Produces rated power at 27 mph. Turbine Proven Energy WT6000 600OW Wind 6,000 Produces rated power at 29 mph. Turbine REDriven,Inc. FD8.0-1OK 10,000W Wind- 10,000 Produces rated power at 22 mph. Driven Generator REDriven,Inc. FD6.4-5000 5,OOOW Wind- 5,000 Produces rated power at 22 mph. Driven Generator REDriven,Inc. FD3.6-2000 21OOOW Wind- 2,000 Produces rated power at 20 mph. Driven Generator REDriven, Inc. FD3.0-1000 1,000W Wind- 1,000 Produces rated power at 20 mph. http://www.consutnerenergycenter.org/egi-bin/eligible smallwind.cgi 6/3/2009 Eligible Small Wind Turbines Page 4 of 5 Driven Generator REDriven,Inc. FD10.0-20K 20,000W Wind- 20,000 Produces rated power at 22 mph. Driven Generator Shanghai Aeolus Wind P3000 300OW Wind 3,000 Produces rated power at 27 mph. Tech.Co.,Ltd Turbine Shanghai Aeolus Wind P1000 INOW Wind 1,000 Produces rated power at 27 mph. Tech.Co.,Ltd Turbine Shanghai Aeolus Wind P300 30OW Wind 300 Produces rated power at 22 mph. Tech.Co., Ltd Turbine Shanghai Aeolus Wind PK-10 10 kW Wind 10,000 Produces rated power at 27 mph. Tech. Co.,Ltd Turbine Shasta Green Power SGP20 20 kW Wind 25,000 Produces rated power at 29 mph. Turbine Shasta Green Power SGPIO 10 kW Wind 12,000 Produces rated power at 31 mph. Turbine Shasta Green Power SGP5 5000/6000 Wind 6,000 Produces rated power at 29 mph. Turbine Southwest Windpower 200 Whisper 200 Wind 1,000 Formerly model H80 Turbine Southwest Windpower 500 Whisper 500 Wind 3,000 Formerly model 175(3,OOOW Whisper 3000 Wind Turbine Turbine) Southwest Windpower Sky 3.7 Turbine 2,6OOW Wind 2,600 Produces rated power at 29 mph. 3.7 Southwest Windpower 100 Whisper 100 Wind 900 Formerly model H40 Turbine Southwest Windpower AIR403 40OW Wind 472 NIA Turbine SWEA USA BV WM20000 20,000W HAWT 20,000 Produces rated power at 22 mph. Wind Turbine SWEA USA BV WM5000 5 OOOW HAWT 5,000 Produces rated power at 22 mph. Wind Turbine SWEA USA BV WM3000 3,OOOW HAWT 3,000 Produces rated power at 22 mph. Wind Turbine SWEA USA BV WM2000 2 OOOW HAWT 2,000 Produces rated power at 20 mph. Wind Turbine SWEA USA BV WM1000 11 OOOW HAWT 1,000 Produces rated power at 20 mph. Wind Turbine SWEA USA BV WMI0000 IO,000W HAWT 10,000 Produces rated power at 22 mph. Wind Turbine Synergy Power SLG/S300 Survivor 30,OOOW Corporation Wind Turbine 30,000 N/A Synergy Power S-5000/S-8 Survivor 830W 830 Produces rated power at 29 mpli. Corporation Wind Turbine Unitron Energy Pvt, UE 15 150OW Wind 1,500 Produces rated power at 23 mph. Ltd. Turbine Unitron Energy Pvt, UE 42 420OW Wind 4,200 Produces rated power at 27 mph. Ltd. Turbine Urban Green Energy UGE-4K 4,000W Vertical 4,000 Produces rated power at 27 mph. Axis Wind Turbine Urban Green Energy UGE-1K 1,000W Vertical 1,000 Produces rated power at 27 mph. Axis Wind Turbine Vertical Axis Wind Turbine produces rated power at 28 littp://www.consumerenergycenter.org/cgi-bin/eligible_smallwind.cgi 6/3/2009 Eligible Small Wind Turbines Page 5 of 5 mph.PV modules may also be included as components Wind Options, LLC WSH-1310 Hybrid Renewable 5,000 of this system;the PV modules are not eligible for Energy Tower incentives under the ERP program,but may be eligible under other solar incentive programs. Wind Turbine 20,OOOW Jacobs 31- Industries 31-20 20 Wind Turbine 20,000 Produces rated power at 26 mph. Wind Turbine 23 10 IO,000W Jacobs 23- Industries 10 Wind Turbine 10,000 Produces rated power at 26 mph. Yangzhou Shenzhou 20,OOOW Wind- Wind-driven Generator FDI O.0-20K Driven Generator 20,000 Produces rated power at 22 mph. Co.,Ltd Yangzhou Shenzhou 1,000W Wind- Wind-driven Generator FD3.0-1000 Driven Generator 1'000 Produces rated power at 20 mph. Co.,Ltd Yangzhou Shenzhou 2,OOOW Wind- Wind-driven Generator FD3.6-2000 Driven Generator 2.000 Produces rated power at 20 mph. Co., Ltd Yangzhou Shenzhou 5,OOOW Wind- Wind-driven Generator FD6.4-5000 Driven Generator 5,000 Produces rated power at 22 mph. Co., Ltd Yangzhou Shenzhou IO,OOOW Wind- Wind-driven Generator FD8.0-10K Driven Generator 10,000 Produces rated power at 22 mph. Co.,Ltd Zhejiang Huaying 5,OOOW Wind Wind Power generator HY-5kW Turbine 5,000 Produces rated power at 29 mph. Co., Ltd. Zhejiang Huaying 25,OOOW Wind Wind Power generator HY-25kW Turbine 25,000 Produces rated power at 29 mph. Co., Ltd. w Lists of Eligible Equipment For Questions About the Emerging Renewables Program contact: California Energy Commission Emerging Renewables Program 1516 Ninth Street. MS-45 Sacramento, CA 95814 Phone: 1-800-555-7794 (in Calif.) or 916-654-4058 (outside Calif.) E-mail: renewable @energy.state.ca.us Top of Page ERP Rebate Program I Homo I Glussaiy I Contn t us I Privacy Policy I Conditions of use 1 Copyright 2006 Caldaram Energy Comm.ssion http://www.consumereiiergycenter.org/cgi-bin/eligible_smallwind.egi 6/3/2009 Eligible Small Wind Turbines Page 1 of 5 Califernia Home Conlacl Us Site Map Energy Commission Consumer Energy Center ERP Rebate Program List of Eligible Small Wind Turbines California Energy Commission Emerging Renewables Program Manufacturer Model Power Description Output Name Number (Watts) Abundant Renewable 10,000W, HAWT, Energy ARE442 Upwind, Passive 10,000 Produces rated power at 25 mph. Side Furling Abundant Renewable 2,50OW,HAWT, Energy ARE110 Upwind,Passive 2,500 Produces rated power at 25 mph. Side Furling Advanced: Solar, API 50OW 500W VAWT Wind Hydro,Wind Power VAWT Turbine 500 Produces rated power at 22 mph. Co.Inc. Advanced: Solar, API IkW 1,000W HAWT Hydro.Wind Power FREE Wind Turbine 1,000 Produces rated power at 20 mph. Co.Inc. Advanced: Solar, API 2kW 2,OOOW HAWT Hydro,Wind Power FREE Wind Turbine 2.000 Produces rated power at 20 mph. Co.Inc. Advanced: Solar, API 3kW 3,OOOW HAWT Hydro,Wind Power FREE Wind Turbine 3,000 Produces rated power at 22 mph. Co.Inc. Advanced: Solar, API 5kW 5,OOOW HAWT Hydro,Wind Power FREE Wind Turbine 5,000 Produces rated power at 22 mph. Co.Inc. Advanced: Solar, API 20kW 20,OOOW HAWT Hydro,Wind Power FREE Wind Turbine 20.000 Produces rated power at 22 mph. Co.Inc. Advanced: Solar, API 1kW 1,000W VAWT Hydro,Wind Power VAWT Wind Turbine 1,000 Produces rated power at 26 mph. Co.Inc. Advanced: Solar, API 3kW 3,OOOW VAWT Hydro,Wind Power VAWT Wind Turbine 3,000 Produces rated power at 26 mph. Co.Inc. Advanced: Solar, API IOkW IO,000W VAWT Hydro.Wind Power VAWT Wind Turbine 10,000 Produces rated power at 26 mph. Co.Inc. Advanced: Solar, API IOkW IO,OOOW HAWT Hydro,Wind Power FREE Wind Turbine 10,000 Produces rated power at 22 mph. Co.Inc. Aero Wind Energy AWE-25 25,000W Wind 25,000 Produces rated power at 29 mph. Turbine Aero Wind Energy AWE-5 51000W Wind 5,000 Produces rated power at 29 mph. Turbine http://www.consumerenergycenter.org/cgi-bin/eligible_Smallwind.cgi 6{5!2009 Eligible Small Wind Turbines Page 2 of 5 Aerostar.Inc. 6 Meter 8.60OW Wind 8,600 Produces rated power at 30 mph. Turbine 1.000W Building- AeroVirontnent, Inc. AVX1000 Integrated Wind 1,000 Produces rated power at 29 mph. Turbine Anhui Hummer Dynamo Co., H6.4-5000W 500OW Wind 5,000 Produces rated power at 22 mph. Ltd/Harsh& Turbine Associates Anhui Hummer Dynamo Co., H3.8-2000W 200OW Wind 2,000 Produces rated power at 20 mph. Ltd/Harsh & Turbine Associates Anhui Hummer Dynamo Co., H3.1-100OW INOW Wind 1.000 Produces rated power at 20 mph. Ltd/Harsh & Turbine Associates Anhui Hummer Dynamo Co., H2.7-50OW 50OW Wind 500 Produces rated power at 16 mph. Ltd/Harsh R Turbine Associates Bergey Windpower BWC 1500 1,50OW Wind 1,500 NIA Turbine Bergey Windpower BWC 10,OOOW Wind 10,000 Produces rated power at 31 mph. EXCEL Turbine Bergey Windpower BWC XL.1 1.000W Wind 1,200 Produces rated power at 25 mph. Turbine Century Wind Energy CW-FRE- 5,OOOW HAWT 5,000 Produces rated power at 22 mph. 5kW Wind Turbine Century Wind Energy CW-FRE- 3,OOOW HAWT 3.000 Produces rated power at 22 mph. 3kW Wind Turbine Century Wind Energy CW-V-PK- IO,000W VAWT 10,000 Produces rated power at 26 mph. 10 Wind Turbine Century Wind Energy CW-V- 3,000W VAWT 3,000 Produces rated power at 26 mph. P3000 Wind Turbine Century Wind Energy CW-V- 1.000W VAWT 1,000 Produces rated power at 26 mph. PION Wind Turbine Century Wind Energy CW-V-P500 50OW VAWT Wind 500 Produces rated power at 22 mph. Turbine Century Wind Energy CW-FRE- 2.000W HAWT 2,000 Produces rated power at 20 mph. 2kW Wind Turbine Century Wind Energy CW-FRE- 20,OOOW HAWT 20,000 Produces rated power at 22 mph. 20kW Wind Turbine CW-FRE- 10.00OW HAWT Century Wind Energy I OkW Wind Turbine 10,000 Produces rated power at 22 mph. Century Wind Energy CW-FRE- 1,000W HAWT 1,000 Produces rated power at 20 mph. lkW Wind Turbine Wind Eagle 30,OOOW Wind Cygnus Wind Systems 30 Turbine 30,000 Produces rated power at ZG mph. EcoAdvantage Power, EBX-20 20 kW EcoBreeze 25,000 Produces rated power at 24 mph. Inc. Wind Turbine EcoAdvantage Power, EBA-20 20 kW EcoBreeze 25,000 Produces rated power at 24 mph. Inc. Wind Turbine EcoAdvantage Power, EBS-20 20 kW EcoBreeze 25.000 Produces rated power at 24 mph. http://www.consumerenergycenter.org/cgi-bin/eligible_smal]wind.cgi 6/5!2009 Eligible Small Wind Turbines Page 3 of 5 Inc. Wind Turbine Endurance Wind 5,OOOW Wind Power,Inc. S-250 Turbine Generator 5,000 Produces rated power at 31 mph. System Entegrity Wind 50,000W Wind Systems LW 15 Turbine 50,000 Produces rated power at 25.3 mph. Farm Boy Energy Inc. FH-5 5,OOOW Wind- 5,000 Produces rated power at 22 mph. Driven Generator Farm Boy Energy Inc. FH-20 20,OOOW Wind- 20.000 Produces rated power at 22 mph. Driven Generator Farm Boy Energy Inc. FH-10 I O,OOOW Wind- 10,000 Produces rated power at 22 mph. Driven Generator Fortis Montana 5.80OW Wind 5.000 Produces rated power at 31 mph. Turbine Fortis Alize 12,000W Wind 10.000 Produces rated power at 24 mph. Turbine Fortis Espada 80OW Wind 750 Produces rated power at 36 mph. Turbine Iskra Wind Turbine AT5-1 Iskra AT5-1 5,000 Produces rated power at I 1 m1s,200 rpm. Manufacturers Ltd Jiangsu Jianghuai FDH350OX 3,50OW HAWT, 3,500 Produces rated power at 25 mph. Greenenergy Co.,Ltd Downwind Jiangsu Jianghuai FDV3500 3,50OW VAWT 3,500 Produces rated power at 28 mph. Greenenergy Co.,Ltd Jiangsu Jianghuai FDH3500S 3,500W HAWT, 3,500 Produces rated power at 25 mph. Greenenergy Co.,Ltd Upwind Kestrei Wind Turbines e150 60OW Wind 600 Produces rated power at 27 mph. Turbine Kestrel Wind Turbines e400 3kW Wind Turbine 3,000 Produces rated power at 27 mph. Kestrel Wind Turbines e300 1 k Wind Turbine 1,000 Produces rated power at 27 mph. Kestrel Wind Turbines e220 90OW Wind 800 Produces rated power at 27 mph. Turbine 1,20OW VAWT Mariah Power Windspire Turbine, Integrated 1,200 Produces rated power at 25 mph. Inverter Northern Power NWI OO I OOkW Wind 100,000 Produces rated power at 31 mph. Systems Turbine PacWind,Inc. SeaHawk 50OW Wind 500 Produces rated power at 28 mph. Turbine PacWind,Inc. Delta I 200OW Wind 2,000 Produces rated power at 28 mph. Turbine Proven Energy WT2500 250OW Wind 2,500 Produces rated power at 27 mph. Turbine Proven Energy WT6000 600OW Wind 6,000 Produces rated power at 29 mph. Turbine REDriven, Inc, FD8.0-10K 10,000W Wind- 10,000 Produces rated power at 22 mph. Driven Generator REDriven,Inc, FD6.4-5000 5,000W Wind- 5,000 Produces rated power at 22 mph. Driven Generator REDriven, Inc. FD3.6-2000 2'NOW Wind- 2,000 Produces rated power at 20 mph. Driven Generator REDriven,Inc. FD3.0-1600 1,000W Wind- 1,000 Produces rated power at 20 mph. http:l lwww.consumerenergycenter.org/egi-bin/eiigible_smallwind.egi 6/5/2009 Eligible Small Wind Turbines Page 4 of 5 Driven Generator REDriven, Inc. FD10.0-20K 20,OOOW Wind- 20,000 Produces rated power at 22 mph. Driven Generator Shanghai Aeolus Wind P3000 300OW Wind 3,000 Produces rated power at 27 mph. Tech.Co.,Ltd Turbine Shanghai Aeolus Wind 131000 1NOW Wind 1.000 Produces rated power at 27 mph. Tech.Co.,Ltd Turbine Shanghai Aeolus Wind P300 30OW Wind 300 Produces rated power at 22 mph. Tech.Co..Ltd Turbine Shanghai Aeolus Wind PK-10 10 kW Wind 10,000 Produces rated power at 27 mph. Tech.Co.,Ltd Turbine Shasta Green Power SGP20 20 kW Wind 25,000 Produces rated power at 29 mph. Turbine Shasta Green Power SGP1 O 10 kW Wind 12,000 Produces rated power at 31 mph. Turbine Shasta Green Power SGP5 5000/6000 Wind 6,000 Produces rated power at 29 mph. Turbine Southwest Windpower 200 Whisper 200 Wind 1,000 Formerly model H80 Turbine Southwest Windpower 500 Whisper 500 Wind 3,000 Formerly model 175(3,OOOW Whisper 3000 Wind Turbine Turbine) Southwest Windpower Skystream 2.600W Wind 2.600 Produces rated power at 29 mph. 3.7 Turbine Southwest Windpower 100 Whisper 100 Wind 900 Formerly model H40 Turbine Southwest Windpower AIR403 40OW Wind 472 N/A Turbine SWEA USA BV WM20000 20AQOW HAWT 20,000 Produces rated power at 22 mph. Wind Turbine SWEA USA BV WM5000 5,NOW HAWT 5,000 Produces rated power at 22 mph. Wind Turbine SWEA USA BV WM3000 3.000W HAWT 3,000 Produces rated power at 22 mph. Wind Turbine SWEA USA BV WM2000 2.00OW HAWT 2,000 Produces rated power at 20 mph. Wind Turbine SWEA USA BV WM1000 1,OOOW HAWT 1,000 Produces rated power at 20 mph. Wind Turbine SWEA USA BV WM10000 10,OOOW HAWT 10,000 Produces rated power at 22 mph. Wind Turbine Synergy Power SLGIS300 Survivor 30 OOOW NIA Corporation Wind Turbine 30,000 Synergy Power S-5000/S-8 Wind Turbine Survivor 830W Corporation 830 Produces rated power at 29 mph. Unitron Energy Pvt. UE 15 1500W Wind 1,500 Produces rated power at 23 mph. Ltd. Turbine Unitron Energy Pvt, UE 42 420OW Wind 4.200 Produces rated power at 27 mph. Ltd. Turbine Urban Green Energy UGE-4K 4.00OW Vertical 4,000 Produces rated power at 27 mph. Axis Wind Turbine Urban Green Energy UGE-1K 1,000W Vertical 1.000 Produces rated power at 27 mph. Axis Wind Turbine Vertical Axis Wind Turbine produces rated power at 28 http:ll www.consumerenergycenter.org/cgi-bin/eligible_sina]lwind.egi 6/5/2009 Eligible Small Wind Turbines Page 5 of 5 mph.PV modules may also be included as components Wind Options,LLC WSH-1310 Hybrid Renewable 5,000 of this system,the PV modules are not eligibly for Energy Tower incentives under the ERP program,but may he eligible under other solar incentive programs. Wind Turbine 31-20 20,OOOW Jacobs 31- m 20,000 Produces rated power at 26 h. Industries 20 Wind Turbine P p Wind Turbine 10,O00W Jacobs 23- Industries 23-i0 10 Wind Turbine 10,000 Produces rated power at 26 mph. Yangzhou Shenzhou 20 NOW Wind- Wind-driven Generator FDIO.0-20K Driven Generator 20,000 Produces rated power at 22 mph. Co.,Ltd Yangzhou Shenzhou 1.000W Wind- Wind-driven Generator FD3.0-1000 Driven Generator 1.000 Produces rated power at 20 mph. Co.,Ltd Yangzhou Shenzhou 2,NOW Wind- Wind-driven Generator FD3.6-2000 Driven Generator 2.000 Produces rated power at 20 mph. Co., Ltd Yangzhou Shenzhou 5.NOW Wind- Wind-driven Generator FD6.4-5000 Driven Generator 5,000 Produces rated power at 22 mph, Co.,Ltd Yangzhou Shenzhou 10000W Wind- Wind-driven Generator FD8.0-10K Driven Generator 10,000 Produces rated power at 22 mph. Co.,Ltd Zhejiang Huaying 5,000W Wind Wind Power generator HY-5kW Turbine 5.000 Produces rated power at 29 mph. Co.,Ltd. Zhejiang Huaying 25,000W Wind Wind Power generator HY-25kW Turbine 25,000 Produces rated power at 29 mph. Co.,Ltd. ■Lists of Eligible Equipment For Questions About the Emerging Renewables Program contact: California Energy Commission Emerging Renewables Program 1516 Ninth Street. MS-45 Sacramento, CA 95814 Phone: 1-800-555-7794 (in Calif.) or 916-654-4058 (outside Calif.) E-mail: renewable @energy.state.ca.us Top of Page ERP Rebate Program Home I Glossary i contact us I Privacy Policy I Conditions of Use I Copyright 2006 California Energy Commission http:i/www.consuinerenergycenter.org/egi-bin/eligible_Smallwind.egi 6/5/2009