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City Council Packet 2013 05-16-13 cl; � J=� ® United City of Yorkville �- % 800 Game Farm Road EST. '_-,- 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 < : p� Fax: 630-553-7575 /C(E NOTICE I, Mayor Gary J. Golinski, call a Special City Council meeting on Thursday, May 16, 2013, at 7:00 p.m., pursuant to the Open Meetings Act (5 ILCS 120/). The agenda for this meeting is attached to this notice. Dated this 9t1' day of May, 20,13 . A Mayor Gary J. Golinski C United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o Is ur Telephone: 630-553-4350 Fax: 630-553-7575 <LE AGENDA SPECIAL CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Thursday, May 16, 2013 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD lI WARD III WARD IV Carlo Colosimo Jackie Milschewski Marty Munns Rose Ann Spears Ken Koch Larry Kot Chris Funkhouser Diane Teeling Establishment of Quorum: Comments by Mayor or Aldermen: Adjournment of sine die (session): Swearing-In: Swear-in newly elected officials: Ward 1 Alderman—Ken Koch, Ward 2 Alderman—Larry Kot, Ward 3 Alderman—Joel Frieders, Ward 4 Alderman—Diane Teeling Call to Order: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Carlo Colosimo Jackie Milschewski Chris Funkhouser Rose Ann Spears Ken Koch Larry Kot Joel Frieders Diane Teeling Amendments to Agenda: Presentations: 1. Swearing-in of Sergeant 2. Swearing-in of Deputy Chief Public Hearings: 1. PC 2013-03 Veterans Way, LLC and ANIRI, LLC Petitioners have filed an Amended Application with the United City of Yorkville, Kendall County, Illinois, requesting a major amendment to the Second Amendment of the Heartland Subdivision Annexation and Planned Unit Development dated January 11, 2005 related to the Heartland Business Center to permit raising 6' of additional signage in height sign panels for business located within Heartland Center and on the Dairy Queen Real Property where it is currently located. No change in sign width will be made; and the existing brick pillars will be raised. The real property consists of Lot 2 of Heartland Center generally south of U.S. Route 34; east of McHugh Road; and north of Heartland Drive at 728 E. Veterans Parkway, Yorkville, Illinois. Citizen Comments on Agenda Items: City Council Agenda May 16, 2013 Page 2 Consent Agenda: 1. ADM 2013-18 Treasurer's Report for March 2013 2. ADM 2013-21 Call One Phone System Renewal a. Renewal Customer Service Agreement—authorize Mayor to execute b. ISDN-PRI Customer Service Agreement—authorize Mayor to execute c. Centrex Renewal Customer Service Agreement—authorize Mayor to execute 3. ADM 2013-22 Resolution Approving an Intergovernmental Agreement for Reciprocal Building Inspection Services between the United City of Yorkville and Kendall County—authorize Mayor and City Clerk to execute 4. PS 2013-12 Resolution Approving an Intergovernmental Agreement for Purchase, Maintenance, and Use of a Van for the Kendall County Special Response Team—authorize Mayor and City Clerk to execute 5. PS 2013-13 On-Street Parking Regulations in Bristol Bay—authorize staff to send letters to surrounding property owners on the proposed restrictions and notifying them that the item will be discussed at a future Public Safety Committee meeting 6. PS 2013-14 On-Street Parking Regulations on Marketplace Drive—authorize staff to send letters to surrounding property owners on the proposed restrictions and notifying them that the item will be discussed at a future Public Safety Committee meeting 7. EDC 2013-18 Ordinance Renaming a Portion of Rosenwinkel Drive to Waterpark Way—authorize Mayor and City Clerk to execute 8. EDC 2013-19 Ordinance Approving a Development Agreement for Kendall Crossing, Yorkville, Illinois —authorize Mayor and City Clerk to execute Minutes for Approval: 1. CC 2013-29 Minutes of the City Council—April 9, 2013 2. CC 2013-30 Minutes of the City Council—April 23, 2013 Bills for Payment (Informational): $533,897.69 Mayor's Report: 1. CC 2013-31 Proclamation for National Safe Boating Week 2013 2. CC 2013-32 Appointments to Boards and Commissions 3. CC 2013-33 Selection of Liaison to Kendall County Solid Waste Plan Update Committee 4. CC 2013-34 Patrol Officers' Collective Bargaining Agreement 5. CC 2013-35 Resolution Approving a Real Estate Purchase and Sale Agreement(Highway Conveyance— Northwest Corner of Route 34 and Beecher Road) 6. CC 2013-36 Ordinance Designating the United City of Yorkville Downtown Yorkville Business Development District and Imposing a Retailers' Service and Occupation Tax Therein City Council Agenda May 16, 2013 Page 3 Mayor's Report(cont'd): 7. CC 2013-37 Ordinance Amending the Water Service Turn-On Fee After Termination for Nonpayment 8. CC 2013-38 Resolution Approving a Release of Public Utility an Drainage Blanket Easements (Lot 8 — Stagecoach Crossings) Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: 1. PS 2013-08 Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers—First Reading Administration Committee Report: 1. ADM 2012-58 Ordinance Regarding City Council Procedures Park Board: Plan Commission: Zoning Board of Appeals: 1. ZBA 2013-01 Ordinance Granting Sign Variances for the Property Located at 3 W. Veterans Parkway (McDonald's) City Council Report: City Clerk's Report: City Treasurer's Report: Community and Liaison Report: Staff Report: Additional Business: Executive Session: 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. Citizen Comments: Adjournment: City Council Agenda May 16, 2013 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION/COW: June 11, 2013–7:00 p.m.–City Hall Council Chambers! Committee Departments Liaisons Chairman: Alderman Spears Finance Library Committee: Administration Committee: Alderman Funkhouser Committee: Alderman Koch ;ECONOMIC DEVELOPMENT/COW: June 11,2013–7:00 p.m.–City Hall Council Chambers! =------------ — — ---------- — --- — --- Committee Departments Liaisons Chairman: Community Development Plan Commission Vice-Chairman: Alderman Teeling Building Safety and Zoning Yorkville Econ. Dev. Corp. Committee: Alderman Milschewski Kendall Co. Plan Commission Committee: Alderman Colosimo PUBLIC-SAFETY/COW: June 11 2013–7:00 m.–City Hall Council Chambers; ----------- ---- -------------------------------------------- Committee Departments Liaisons Chairman: Alderman Colosimo Police Human Resource Comm. Vice-Chairman: Alderman Kot School District Committee: Alderman Spears Committee: Alderman Funkhouser PUBLIC WORKS: May 21, 2013–6:00 p.m.–City Hall Conference Room; ----- -------------------- Committee Departments Liaisons Chairman: Alderman Teeling Public Works Park Board Vice-Chairman: Alderman Milschewski Engineering Y3SD Committee: Alderman Kot Parks and Recreation Committee: Alderman Koch UNITED CITY OF YORKVILLE WORKSHEET SPECIAL CITY COUNCIL Thursday, May 16, 2013 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- SWEARING-IN: ---------------------------------------------------------------------------------------------------------------------------------------- Ward I Alderman—Ken Koch Ward 2 Alderman—Larry Kot Ward 3 Alderman—Joel Frieders Ward 4 Alderman—Diane Teeling ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Swearing-in of Sergeant 2. Swearing-in of Deputy Chief ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PC 2013-03 Second Amendment to the Heartland Subdivision Annexation and PUD related to the Heartland Business Center(Signage) ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2013-18 Treasurer's Report for March 2013 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. ADM 203-21 Call One Phone System Renewal ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2013-22 Resolution Approving an Intergovernmental Agreement with Kendall County for Reciprocal Building Inspection Services ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. PS 2013-12 Resolution Approving an Intergovernmental Agreement for Purchase, Maintenance and Use of a Van for the Kendall County Special Response Team ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. PS 2013-13 On-Street Parking Regulations in Bristol Bay ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. PS 2012-14 On-Street Parking Regulations on Marketplace Drive ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. EDC 2013-18 Ordinance Renaming a Portion of Rosenwinkel Drive to Waterpark Way ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 8. EDC 2013-19 Ordinance Approving a Development Agreement for Kendall Crossing, Yorkville, Illinois ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2013-29 Minutes of the City Council—April 9, 2013 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2013-30 Minutes of the City Council—April 23, 2013 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- BILLS FOR PAYMENT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Bills for Payment(Informational) ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2013-31 Proclamation for National Safe Boating Week 2013 ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2013-32 Appointments to Boards and Commissions ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2013-33 Selection of Liaison to Kendall County Solid Waste Plan Update Committee ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2013-34 Patrol Officers' Collective Bargaining Agreement ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 5. CC 2013-35 Resolution Approving a Real Estate Purchase and Sale Agreement(Highway Conveyance— Northwest Corner of Route 34 and Beecher Road) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 6. CC 2013-36 Ordinance Designating the United City of Yorkville Downtown Yorkville Business Development District and Imposing a Retailers' Service and Occupation Tax Therein ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 7. CC 2013-37 Ordinance Amending the Water Service Turn-On Fee After Termination for Nonpayment ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- 8. CC 2013-38 Resolution Approving a Release of Public Utility and Drainage Blanket Easements (Lot 8 — Stagecoach Crossings) ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- l. PS 2013-08 Ordinance Adopting License Regulations for Pawnbrokers and Resale Dealers— 1St Reading ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ADM 2012-58 Ordinance Regarding City Council Procedures ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- ZONING BOARD OF APPEALS REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. ZBA 2013-01 McDonald's Sign Variance ❑ Approved: Y N ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ----------------------------------------------------------------------------------------------------------------------------------------- REPORTS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- CfTy Reviewed By: X06 Legal ❑ Agenda Item Number Finance ❑ Public Hearing#1 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number "Vw `�t3 Community Development 0 Police PC 2013-03 ALE Public Works ❑ Agenda Item Summary Memo Title: Amended Application for Heartland Center Subdivision PUD Amendment Meeting and Date: City Council/May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 3/26/2013 Action Taken: Withdrawal of Application Item Number: Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: 0,1D C/r o Memorandum .1% To: City Council EST. 1836 From: Krysti I Barksdale-Noble, Community Development Director -�� CC: Bart Olson, City Administrator 0 0 G� �` Date: May 9, 2013 Kendal C?u�ty •� Subject: PC 2013-03 Heartland Center Subdivision PUD Amendment CLE '►1" 608 - 728 E.Veterans Parkway Proposed Alteration to an Existing Monument Signage CITY COUNCIL PUBLIC HEARING: The City has received a revised application from Veterans Way, LLC and ANIRI, LLC seeking an amendment to the Heartland Center Subdivision Planned Unit Development (PUD) to increase the height of the existing monument sign to allow for additional tenant panels for the commercial retail property located off of E. Veterans Parkway(US Route 34). BACKGROUND &REQUEST: The applicants,Veterans Way, LLC (James Ratos) and ANIRI, LLC (Dairy Queen), are the owners of the development.Veterans Way,LLC has recently taken ownership of Lot 7 within the Heartland Center commercial retail property and currently rents up to ten (10) tenant spaces including Mike & Denise Pizza, Fox Valley Uniforms, Thompson Chiropractors, Modern Dentistry, Pesola Media, Heartland Blood Center, Atlas Physical Therapy and Karate Extreme. ANIRI, LLC is the owner and operator of the newly opened Dairy Queen located on Lot 2 (refer to attached map). The approximately 10-acre overall development,which has a strip center and various outlots, is zoned B- 3 Service Business District and approved as a Planned Unit Development (PUD) in 2005 via Ordinance 2005-05 (see attached). The original Annexation and PUD Agreement for the development did not address specific signage criteria. The existing monument tenant sign for the entire retail center is located on the lot of the newly constructed Dairy Queen restaurant. Per an executed Mutual and Reciprocal Sign Easement in 2012 between Chicago Title and Trust#3191 and the applicants (see attached), 50% of the existing sign area would be utilized for advertising the Dairy Queen restaurant while only 25% (or the lower left half) of the existing monument sign would be reserved for use by tenants of Lot 7. Therefore, the applicants are seeking to amend the Heartland Center Subdivision PUD agreement to permit an increase in sign height from approximately 18'-8" to 24'- 8" and sign area for the current monument tenant sign off of Veterans Parkway located within Lot 2 of the commercial retail development. According to the applicant,the increased sign height is needed to provide adequate business identification and visibility for all of the tenants in the development, and particularly Lot 7, as the retail strip is located is not immediately adjacent to the roadway. PROPOSED SIGNAGE: As previously mentioned, the existing sign is located on private property within Lot 7 off of Veterans Parkway(US Route 34) and perpendicular to the roadway, as illustrated on the attached photograph. The sign also appears to be located eleven feet (11'-0") from the northern property line, as depicted on the Heartland Center Final Plat of Subdivision. The double-faced internally-illuminated sign will have the existing brick pillars raised an additional six inches to an overall height of twenty-four feet eight inches (24'-8") and finished with a metal cap to match the cast stone. The proposed altered sign will consist of up to eleven(11) tenant panels on the lower portion of the sign approximately 18-inches off the ground with the upper portion of the sign area dedicated to the Dairy Queen restaurant. The additional tenant sign panels will be fabricated out of white acrylic with the copy applied to the surface, similar to that of the existing Heartland Center development sign. STAFF ANALYSIS: Although the proposed alternation of the existing sign does not conform to the Sign Ordinance criteria with regards to size or height, the existing sign was a permitted sign at the time of the original installation but the City's sing standards have changed. However, the intent of a Planned Unit Development (PUD) is to provide flexibility from the rigidity of the conventional zoning/bulk/signage regulations if there is a greater benefit to the property and the City as a whole. The applicants believe there is a greater benefit to the existing and future tenants of the entire Heartland Commercial Center, should they be permitted to increase the sign height to 24"-8", as it will create additional panel slots for more businesses to be advertised on the existing monument sign. The following table compares the proposed new sign and the existing sign with the current sign ordinance regulations: • Max. 32 square feet for lots Approx. 50 square feet of less than three(3)acres 98.61 square feet • Max. 64 square feet for lots (11'-10"x 8'-4") additional sign area three(3)or more acres. (6 x 8 4") Max. 8 feet or less' 18 feet 8 inches 24 feet 8 inches • 1 • Located at least 5' from any • Located within the front • Located within the front yard driveway and lot line. yard approx. eleven feet approx. eleven feet(11') • Signs taller than thirty (11')from the lot line and from the lot line and more inches(30")shall not be more than five(5)feet than five(5)feet from a located within that part of from a driveway or drive driveway or drive aisle. the yard or open area of a aisle. • Not located within a line-of- corner lot included within a • Not located within a line- sight. triangular area twenty-five of-sight. feet(25')from the point of intersection of two street right of way lines forming a corner(line-of-sight). STAFF COMMENTS: Should the City Council concur that this request is beneficial for the overall development, suitable for the site and an appropriate amendment to the Heartland Center PUD, an ordinance will be drafted for the May 28th meeting for consideration. The applicants attorney will be available at Thursday night's meeting to address the City Council and those present for the public hearing regarding this matter. ' Section 8-11-6-B defines Sign Height as 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. `ice .� •`r'��„� '- . ._�^' _ E� V 34 E Veterans ' ;A: OIL 1 a Y s- rrrrr CID- akurrrt, Y Vts -MV, r rr L` Heartland-Dr United City The Data is provided without warranty or any representation of v y of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the Wt, c- Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and `d Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. S LAW OFFICES OF Daniel J. Kramer DANIEL J.IC RAMER 1107A SOUTH BRIDGE STREET KELLY A.HELLAND YORKVILLE, ILLINOIS 60560 D.J. KRAMER (630)553-9500 Fax: (630) 553-5764 p MOVE D APR 19 2013 COMMUNITY DEVELOPMENT April 18, 2013 DEPARTMENT Krysti Barksdale-Noble United City of Yorkville Via Hand Delivery Re: Heartland Business Center PUD Amendment Application for Sign Dear Ms. Barksdale-Noble: Enclosed please find the following documents for the Kendall Crossing Preliminary and Final Plat Applications: 1. 1 original Amended PUD Amendment Application 2. 1 drawing 3. 1 disc with application Should you have any questions please let me know. A ours, amer Attorney at Law DJK/cth Enclosures Application For Amendment WINE 11 7T> r F,'¢ f�f7j r+ ftl " �rf S yt• r t J.r/ jrl r{U %1JtrIJ/ ME rry rli rl``rrr'-rfrL YfrR / 1Ff rrI t: rJr t'rp t J y .,f r r3Y r Name of Applicant(s) Veterans way, LLC and AN IRI , LLC r JI rr .'tr �J Ql+y"pT 4" ��' t �rllvlr rrl„ iii t($y"'.f�rl'�_,t��rfl�rl y�""SfYrFRr'fi�iffl`' ;.s✓fiff� rr�'r Gr rf r6 ./' rr r i:', „reU � �� r��f f1'"S � °1 rG' ,✓,rimer rr�� 'x��rr'��f �I,Pf`3�,y�x'�Uri�.,e"� b"��,�°rrF �`f.,�t ;� r sn ,+fir ,rtF J'`f -�'r.i � r .. Business Address [Yorkville City • • / • 1 Business • • [T3 1 • • 85 Business Fax Business Cell Business r'. 1? .z % 'RS'r' r-''."I j R�atrz'r J f :rrfclrr.rt %Y.r7r�l`l i't'`x' 'rr' a `'/.r'1 ,t ,hjr �Sr r.✓ RfrfJ rf r'R'/f :r< �1 � -rfi f Wit. `-� ]irn e ; :ltQ ru "r¢'S fr fr.tar' r ,rrRrr , f .t�`rr.;,ffr r f Q Rll;,_ .xtA�?n/rfi; !� .f:; { fsl„�f rl_:�Yf a�rtr ,�-?✓,�.1u ''Rr ,° ./l✓r`•+` rl ru Jrr� �' n'r "fri r .7,..;^, r✓,ir Name of Holder of Legal Title AN I R1 , LLC If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein : Property Street Address 1608 to 728 E. Veterans Parkway, Yorkville Description of Property 's Physical Location m i lg ,r�ar • • Center Resubdivision Zoning of 1 Zoning North N/A East South West Current • D County Kendall Parcel Number(s) of 1 02-28-253-009 List all governmental entities or agencies required to receive notice under Illinois law: None Application For Amendment ��l�f:� '°�'s'e/ ',��f9Tr•�sfrf r`-ersr 7'/:.'x ri7s sr -e rt .X„� x r ifs.. 1/ ""r��l'�Xt-Jr:!r'l1f � �"la �G�t "�'"�k�?'"7r3P' r"?r �Lm"b✓. lfli ra .,, ex 1 �� r 't LM Y .: N � + �',.M1Y � r . Xl >{ r f ✓ f li,+ frt tt :f f�'lf'fltr�l�JS:"�r�+`�J l��frfj� �f�tlt' n ;,`1 yYJn'r!f-�i ll /rt / r r lrr r xr n. Itr` F � i}:�( ra7a r sy_ i.S '" r1 u ,:. -y�pJ}.,+ ?f"?x Ifrt)rrtr"a�'3117j1d FF" lrzJ 21"}1 ,f }.r,' �y�l fj r f, fyJ �y f }. r fry .r r r t�,Y , �1�.- j1�"�f4 , 'rAf��*dY .r. r. tr �,�t''°dl.%' hPu%� x{rlsYilZ✓s r.'�-*' x? � : J�rtf'r- f�,,,, 1 ' • - EMI&STOW1 1 • 1 • � Application 1 Amendment Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as Applicant must attach a true and correct copy of the existing agreement and title it as Applicant must attach amendments from the existing agreement and title it as I verify that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all 5Pfhe information presented in this ocument and understand that if an application becomes dormant it is t ou h my o n fau nd I must then fore follow the requirements outlined above. p 'cant 'g atu Date THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: WAI,-4-tm� a ICIAL SEAL" LEEN HANSON BLIC,STATE OF ILLINOIS SION EXPIRES 10/2012015 8 II i I Heartland Center DQ IOP/POSI ABV, ' Q4. /l m F608-728 E, Veteran's Pkwy. I�� - <V IIII IIIIi�IiIIII�II(I IIII(II( 20120002W740 DIELNEcIE TRUSTEE'S DEED KEN RLL C U TY TL ECORDEO: 10/23/2012 12118 PM �� T ' : 4614 0 RNSP6 FEE: IIIA0 ,'r—This indenture made this 15" day of O PAGES: 2 �-' August, 2012, between CHICAGO TITLE O LAND TRUST COMPANY, a corporation O of Illinois, Successor Trustee under the of provisions of a deed or deeds in trust, duly recorded and delivered to said company in pursuance of a trust agreement dated the 21 " day of February 2001 , and known as Reserved For Recorder's Office Trust Number 3191 , party of the first part, and ANIRI, LLC, an Illinois Limited Liability Company, WHOSE ADDRESS IS c/o 504 Greenview Court, Oswego, IL 60543, parties of the second part WITNESSETH, That said party of the firs a i si oration of the sum of TEN and no/100 DOLLARS ($10 00) AND OTHER GOOD AND VALUABLE cones dera nd paid, does hereby CONVEY AND QUITCLAIM unto said party of the second part, the followin es d r I late, situated in KENDALL County, Illinois, to wit Lot 2 in Heartlan Cen s vision of Lot 3 in Heartland Center Subdivision Unit 1 , according to the Plat thereof re r d Ap 2 05 as Document 2DD500009772 and Certificate of Correction recorded October 8, 2008 \D cu e t Number 200800022051, in the United City of Yorkville, Kendall County, Illinois Property Address LOT 2 IN HEARTLAND CENTER RESUBDIVISION, YORKVILLE, ILLINOIS 60560 Permanent Tax Number 02-28-253-009-0000 togetherwith the tenements and appurtenances thereunto belonging TO HAVE AND TO HOLD the some unto said party of the second part forever This Deed is executed pursuant to and in the exercise of the power and authority granted to and vested in said trustee by the terms of said deed or deeds in trust delivered to said trustee in pursuance of the trust agreement above mentioned This deed is made subject to the lien of every trust deed or mortgage (if any there be) of record in said county to secure the payment of money, and remaining unreleased at the date of the delivery hereof IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be affixed, and has caused its name to be signed to these presents by its Tr t pff cer, the day and year first above written \tom U�ND Tj�Gv, CAGO TITLE LAND TRUST COMPANY, CORPORATE �T4rustee as Aforesaid COUNTY OF KENDALL REAL ESTATE TRANSFER TAh � y 1311 6b Dr 0011 � GlednJ c er, Trust Officer STATE OF UINOIS .— REAL ESTATE j x o TRANSFER TAX m ponM MATH" 40VitJ8 °° IICTZi 2 0 0027500 N p KENDALL COUIViY Fp io3o3s I�1 201200020740 112 PUBLIC NOTICE NOTICE OF PUBLIC HEARIN BEFORE THE UNITED CITY OF YORKVILLE CITY COUNCIL PC 2013-03 NOTCIE IS HEREWITH GIVEN THAT Veterans Way, LLC and ANIRI, LLC Petitioners have filed an Amended Application with the United City of Yorkville, Kendall County, Illinois, requesting a major amendment to the Second Amendment to the Heartland Subdivision Annexation and Planned Unit Development dated January 11 , 2005 related to the Heartland Business Center to permit raising 6 ' of additional signage in height sign panels for business located within Heartland Center and on the Dairy Queen Real Property where it is currently located. No change in sign width will be made; and the existing brick pillars will be raised. The real property consists of Lot 2 of Heartland Center generally south of U.S. Route 34; east of McHugh Road; and north of Heartland Drive at 728 E. Veterans Parkway, Yorkville, Illinois. The permanent index number (PIN) of the subject parcels is as follows: 02-28-253-009 Notice is herewith given that the City Council of the United City of Yorkville will conduct a public hearing on said application on Tuesday May 14, 2013 at 7 p.m. at the United City of Yorkville City Council Chambers, 800 Game Farm Road. Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. i All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk By: Lisa Pickering Deputy Clerk VIII 200500003738 Filed for Record in KENDALL COUNTY, ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON 02-04-2005 At 01:19 pm. ) ss ORDINANCE 28,CIO COUNTY OF KENDALL ) I ORDINANCE NO. 200�� J AN ORDINANCE AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO HEARTLAND SUBDIVISION ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Second Amendment to Annexation and Planned Unit Development Agreement permitting the subdivision of Lot 3 in Heartland Center Unit I of the real property previously annexed to the United City of Yorkville in accordance with the Plat of Subdivision attached hereto and incorporated herein by reference as Exhibit "A"; and WHEREAS, said Second Amendment to Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, -1- on behalf of the City, a Second Amendment to Annexation and Planned Unit Development Agreement permitting the subdivision of Lot 3 in Heartland Center Unit I of the real property previously annexed to the United City of Yorkville in accordance with the Plat of Subdivision attached hereto and incorporated herein by reference as Exhibit "A", a copy of the Second Amendment to Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this r0 k day of . _ � c d c. A.D. 20th MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this I `t day of ✓ L LL L J A.D. 20 i Attest: .. CITY C orporw-o SEA -2- �A'aALL c® Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 —3— STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) SECOND AMENDMENT TO HEARTLAND SUBDIVISION ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT WHEREAS, HOBSON HOLLOW, INC., an Illinois Corporation is the OWNER of certain real property within the United City of Yorkville, Kendall County, Illinois commonly, , known as "HEARTLAND SUBDIVISION'; and WHEREAS, RICHARD MARKER ASSOCIATES, INC., an Illinois Corporation, is the DEVELOPER of certain real property within the United City of Yorkville, Kendall County, Illinois commonly known as "HEARTLAND SUBDIVISION'; and WHEREAS, HOBSON HOLLOW, INC., an Illinois Corporation and RICHARD MARKER ASSOCIATES, INC., an Illinois Corporation are herein after collectively referred to as Petitioner; and WHEREAS, the Petitioner requests an amendment to the Annexation and Planned Unit Development Agreement executed on December 29, 1999 to permit the subdivision of Lot 3 in Heartland Center Unit 1 of the real property annexed to the United City of Yorkville in accordance with the Plat of Subdivision attached hereto and incorporated herein by reference as Exhibit "A"; and WHEREAS, a hearing was held before the Plan Commission of the United City of Yorkville and it was unanimously recommended to the City Council to approve the requested —1— change in the Annexation and Planned Unit Development Agreement, and further that this Second Amendment to Annexation and Planned Unit Development Agreement shall only affect the real property described in the attached Exhibit "A'; and WHEREAS, a Public Hearing was held at the City Council of the United City of Yorkville as required by Illinois Compiled Statues: NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of those voting, the following Second Amendment is made to the Annexation and Planned Unit Development Agreement of Heartland Subdivision entered into by and between the United City of Yorkville and the OWNER/DEVELOPER of the subject property as follows: 1) INCORPORATION OF RECITALS: All parties hereto agree that the above contained recitals are an integral part of this Agreement and hereby adopt those recitals as part of this Agreement. 2) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that the parties hereto have full and express authority to enter into an Amendment of the original Planned Unit Development Agreement to which this Amendment is appended pursuant to that Agreement. 3) That upon approval of this Second Amendment to Planned Unit Development Agreement OWNER/DEVELOPER shall be permitted to subdivide Lot 3 in Heartland Center Unit 1 in accordance with Exhibit "A". 4) The various parts, sections, and clauses of this Agreement are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Agreement shall not be —2— I affected thereby. 5) Any prior Agreement between the parties or parts thereof in conflict with the provisions of this Agreement are null and void as to the extent of such conflict. This Agreement shall be in full force and effect from and after its execution, passage and approval as provided by law. —3— DEVELOPER: RICHARD MARKER ASSOCIATES, INC., an Illinois Corporation Attest: — DATED: 9/U� r —4— OWNER: HOBSON HOLLOW, INC., an Illinois,Corporation n By: (� • i / S,lr Attest. Qi l Sec" 2 DATED: —5— iTNITED ITY OF YORK E MAYOR O ATTEST: .'''Sew Uf Y •, �aOrate TY CLERK" a `: a . EAL DATED: Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —6— Heartland Center - Lot 3 Legal Description: Part of the East half of Section 28, Township 37 North Range 7, East of the Third Principal Meridian, in the United City of Yorkville, Bristol Township, Kendall County, Illinois Net area of Lot 3 = 8.409 acres ° 3 °$' - L ^S? v ➢F 1 , " -21- £ x q 3 !y] rS a 9 _e aye% Ha r4a 91 % $€e . ,a s • 349 �&% a �g°�"a � � � �.. 3 �2y °'� y ;°P, e q ^gs �s 8 >avo 1 eg v eH- b.' S eec 3-° W- yane3 y yaF ° � `3M 33a s ao � a- fl.. m '?§• °°P s a i x=°- tl E Eso a e s;_i_8 ; 3a.A $ sx x 0 b .x E. ;4Fa vi- IF a .3 .ext 5 a •k'k°°a` - - .°fi°'9a,",, £ - '° s s ga3 sa q1f s a £3 9 _. . 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AT THE EpNG THE N O £� N THE SURVEYOR'S CERTIFICATE, M CONFORMANCE WITH E.1< FORM COMPILED STATUTES CHAPTER 765 US 205/1 REGARD PART OF THE EAST HALF OF SECTION 28. TOWNSHIP 37 NORTH RANGE ING PLACEMENT OF MOM NTS. 0 08 a / 7. EAST OF THE THIRD PRINCIPAL MERIDIAN. IN BRISTOL TOWNSHIP, 3. ■ DENOTES CONCRETE MONUMENTS. � io� KENDALL COUNTY, ILLINOIS 4. DASHED LINES 1_ _ J NDICATE PUBLIC UTILITY t -p T X DRAINAGE EASEMENT$ IRU. 6 OSI Fx NET AREA OF LOTS = 8.409 ACRES ME .v: 'v OEC L F '(• 5. LONG DASHED LINES I- I INDICATE BUILDING LINES.11 g TT M1 6. ALL ET TO CORNERS O ILL ID. % }4' LONG WON PIPE] ARE i0 / A. d----. / BE SET i0 CONFORM 89 ILLINOIS PROFESSIONAL LAND 0 25 50 100 SURVEYORS ACT OF 1909 SECTION 1210$60 MINIMUM STANDARDS • "'//\\\ Os OF PRACTICE. ` \ .1FD b� 4 / T. NO DIRECT VEHICULAR ACCESS IS PERMITTED t0 V.S. 34 FROM SCALE: 1',Sw T \1' ' / y. sjJ ' LOT 1 OR LOT 2, THERE SHALL BE NO DIRECT VEHICULAR // / k i \ T- - ?/ s}Al. ACCESS T HEARTLAND DRIVE. (' 6 . \: `i' 10' THE PUBLIC `. ' / (� . 'h fl` UTILITY EASEMENT 'N2y/ ``'J 10 ; 0. LOT 015 RESERVED FOR PARKING AND ACCESS SUBJECT TO THE y / A LOT 1 JJ , INGRESS-EfJLESS EASEMENT PROVISIONS NOTED HEREON AND FOR 'B `\ Q PUBLIC Alm PRIVATE UTILITIES SUBJECT i0 ME PUBLIC UTILITY bf i• 0359 ACRES / AND MANAGE EASEMENT PROVISIONS NOTED XEREOK NO d / 6M1h \ _ J 15. 34 Sf `T' �YpY --- `. LOT 8 3 )) VO PERMANENT BUILDING MAY BE CONSTRUCTED ON LOT 0 WITHOUT 4� PRIOR APPROVAL OF THE CITY OF YOFIKVI / r k t t�' JO 95b . 10�h9M1 `BO) DDJ•K j f Y if i (1 _ 4 3 YOI / WE XC 4 / i ` > / \ ?J3 9 O O^ ` B jl 5 Y 131.1, RE LOT B /~ LOT 2 e. 1 /` o \ Ary •� a>! ! ,s, u 2s r..I \ c.y'};2c'( / \ \ �( ` i •"t " 200' PUBLIC MT Y 1 MAMA" EASEMENT / E'A`6y6 j' / / 0.584 ACRES 1"J., ` �.. , n ... TAB IS J % / -[S. HC 7M4 . e -'\ 25.424 SIF vl. s . F ' L ae .wI 1➢' W10f PUBLIC ``\\ ' scAL2. Y- 00 5 4 �- � .\ O UTILITY EASEMENT .bk. cRr.O. �cUn:v \ x DOa ... j0 \J 5100 >/ ,PJi % p EYW ,L, 11 1 Lt N . rz e-.J `\ \ Oa. f t i a4 _ 501' \ / � \ Illy.' s / O SEE DETAIL -B" 0 )>M2C N 3 \ / \ c J K C rzW YG E - u U s E Ai 'Ek:a REG E�, ft . 0 .,. r c - WAY 4/6y1 x- A �5 �FDY . t 565}216 a"4 / p I', I CP .+ / ' 5363' � hD2J. I ✓'4% s Ey tr. / / E`/ .A sS f j .n S RFCO p,,Y,O / LOT 8 \.11 FACIE C S 2639kd ,W \ x Y n ns // ET I YOYO' DH O 67 2�' o LOT 7 0� gT �o O :! z3F'�'si6jsy6 \\, N21-4)b5"W �O h A LOT s J' POINT OP ; ✓ f 1990 S1 0.15 3.883 ACRES eP JW. O.N6 ACRES ^d ; tEGNNING )SSE Y, -o. tN)06R93W / / 616 38.4755E 'N 15.0611" / ^^ , / j `�. •`, \\. O { k I h 7329 / / s [ I LOT 51 r ^' I " r I a y fiT ! WO d�> ♦.� J. 10�5. 6 v / i //� 549'49'58 W� \l :y.X\ \ IV "VC zG E y1 LOT ACRES 1�; `' i ) / / MCI I I _5)01563'Fi \ p'•F 1 \ 273,502OF S1O�S s \ SEE NOR 8 �S D AL ss.4'• �': ris L s z c[ �\2 ^ \ %A J 2. f / ' ,V" -_E R[c IS' PUBLIC 1J10-R1" t ORAMADE EASEMENT `T,axe `t`` 1 V� -,6. a _` �. '� 6b?s '(SON. / Arc Mans ..�4 2Etul_A• a ) C . <`I \, # 4�\h 1 qro" LOT 5 so CS Sole: I-. Sa /bQ' v. t • \ ti/ \ / / x 5' _ A ::.k. 100. 0346 AMES .0.h : / ~ N68'12'S6"E , .w <„ ♦ sl Li 4 L 1 MAY 25, 20•x 15,081 SF �9V'yWj \\ / / ! 2245' 1/ � / .> ;1'L5 "Ell 8 i_ O \ 10M1y FIE �SO`sf. '� •i L t \ \ J /i 510% V- . . . %f6vay ] (]J. / k D 2 J)N6 N_ '1`y q f /.AS 0-� 0 YY Z 10 yO0 <' Q5' (� / $UflVEYdI'e OEflTFICATE C ! I' 'i1 i s .1-'i J'P• s :hA LOT 4 / 6h j / \\. STATE OF ILLINOIS 155 Ga ! 0 _ \10 SAGO. IA 1y JJ B / 65 61� j \ COUNTY OF OVPM10E I 0.346 ACRES `0 ''J✓ Y! / 160 \\\ I, MICHAEL E. TRUBY. AN ILLINOIS LICENSED PROFESSIONAL LAID SURVEYOR, HEREBY 15.081 Sr \ CERTIFY THAT 1 HAVE SURVEYED AND SUBDIVIDED THE FOLLOWING DESCRIBED L(j iw5in0 %G t"e k 01- e~ ,6 9 '4 / \ PROPERTY AND THAT THIS PLAT IS A TRUE AND CORRECT REPRESENTATION TXEREDF. J• POI P:;[ s bn6 P'J,i' N)0'4)'34 E 1-n / �\ \ PE: DATE w. w. 2w-"\ 6 j A bN 4.66' i>J• gl 'W / ALL DIMENSIONS ARE GIVEN N FEET AM DECIMALS THEREOF. Q EznXl:1 '1'T V f\' \ T "-'Y T 100 'O 1P. OF 72 1'+N A\�• / I . p°p'v" A F00J• / 6 LOT 3 �4L o v 1ppA �`,/ / �/ \ LOT J W HEARTLAND CENTER Uii ( ACCORDING )0 THE PLAT THEREOF RECORDED MAY EV '/ 4aT xtv }5. ]ICI+ P �L 559YI6a3"W / ( S / I6. 2004 AS DOCUMENT TIMBER 200400013916. N PART OF THE EAST HALF OF SECTION /A f RvL \ r 56.52' P 0.42) ACRES S� ' T \ 20. TOWNSHIP ]) NORTH, RANGE 1 EAST OF THE LXMD PRINCIPAL MERIDIAN, M KEMALL I� i�`.` 0.L \ / \ NL s // 1 y 18.615 SF 10�9 .m ` \ AIV COMiY, 4MD5. In a r"k T�.TA V \. L % 's 3�6T'W S ` ` / O ":� \I Y, 0Ue\.9O \\ \./ >j, NB) iO 1-d \\ "'* ' ? 0 THESE PLANS HAVE BEEN PREPARED BY MAKE ANO ASSOCIATES. MC.. 4LMWS LICENSED O d / r se 94. /% nn � \ .. _ v N \, \� ems..`1e j °w ' Jq' 0'. .5A -. {�'�°�A Ty,O \ \ v .SI'L'L•-`+` PROFESSIONAL DESIGN FIRM NO 607. LICENSE E%PRES APRIL 30. 3005, UNDER MY 7 'LLy '01 1-/\ \\ 4` : 6 �jA• �° t 'M,' , . "0 PERSONAL OMEC71ON FOR THE EXCLUSIVE USE OF THE CLIENT NOTED BELOW. x"` 610466 ' H qlK _ "O v\ \\ ,,,b'• ''1- REPRODUCTION OR USE BY THMD PMIES IS STRICTLY PROIBITED WITHOUT THE Cam' V / \\ WRITTEN PERMISSION OF THE UDEFIGH ED. THIS PROFESSIONAL SERVICE CONFORMS TO ,R ! / �e/ / j\ ' / 1 / / J`4 l THE CURRENT R1W015 WWMM STANDARDS FOR A BOUNDARY SURVEY. r- A= 7.92 ¢',I / \ JE 1\ ' �'y... \ - ( FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN IS R< 340.00' / k, I" ` SITUATED WITHIN THE CORPORATE LMTS OF THE CITY OF YORKYLLE, WHICH HAS Q CHID BRG= \ T \ / \ / q1- --En51?:C 19- Pw a vE' `\ ADOPTED AN OFFICIAL COMPREHENSIVE PLAN AND IS EFERCISNG THE SPECIAL POWERS / / N 31'33'19 W \ '`/ [L' 4iF XK v -. :h I. AUTXORREO BY THE STATE OF ILLINOIS ACCORDING i0 65 ACS 5111-12-6. T A HEi L utrpy(25M y 1 1\ AS HERETOFORE AM HEREAFTER AMENDED AM THAT SAID SUBDIVISION IS NOT "INN J / // / a.a413+n^.PC j \ { e 4/A / / ,PI .\ . LEGEND A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY f1"' fr MANAGEMENT AGENCY ON ITS FLOOD MSMMWE RATE MAP - COMMMITY \ , PANEL NIMBERED HWU OD20 C DATED JULY Q. 1982 SUBDNISION BOUNDARY nN 'ca1, c �s16 n3 \ f�`"µfl a o / x .. Om5 w.. 2:. 9oa \ / / e \ A- 168.97' NEC. 1 EXISTING LOT LINE GIVEN %HOER MY HANG AN) SEAL )NG 29tH DAY CF �AE'."-"'"'"'�.'9p"s� R= 333.00' RE(1. CENTER LINE DECEMBER. AD. 2004 s ! '. w i\ S 3053'11" E FEE. \/ .. ' CND BRC= N 84%6'34' E REC ' am p !' IOZA9' REC. / / i LOT LINE _ _ o ! RwRLAND z A= 3471' REC. EASEMENT LINE xHWmR �a.'Rk;\ i) T \ R= 2500' NEC. - 5�.. J2 ILLINOIS LICENSED PROFESSIONAL LAND SURVEYOR NO. 2610 > ° g2- +a\ D BBC= S )0]9'2)" E1 NEC. - LICENSE VALID THROUGH NOVEMBER 30. 2006 )f' OF`��.V [NOT VALID WITHOUT ORIGINAL $IGNATMEI r°.ur,um N PflEPOD NOR. PE11510"5 HEARTLAND CENTER RESUBDIVISION OF LOT 3 IN UNIT T RCAKE ANO ASSQCIATES, INC. RICHARD MARKER ASSOCIATES, INC. x0. MR �uRPBM Soo. OAR DESCRIPTION Q 1 11 IB 04 REV. PER OIY LEITER 11 12 01 I� CONSULTING ENGINEERS • LANO SURVEYORS • PLANNERS 654 HEARTLAND DRIVE 2 01 0) OS REV P R I1" R II FINAL PLAT OF SUBOMSION °py 3 01 2B OS RFY. SURVEYOR' M. 1887 NIGH GROVE LN • NAPERVILLE IL B0540 YORKALLE, ILLINOIS 60560 FLp. BK. c ce) © (630) 355-3232 • PAX (8301 355-3207 (630) 553-3322 OM ECHO BC PBS/MEH ryE: RESUB /011 /P . .027 SHEET W. SUE: 1"=50' 041E: 07/16/04 JOB N0: 31).02) T U 2 STATE OF ILLINOIS ) COUNTY OF KENDALL ) MUTUAL AND RECIPROCAL SIGN EASEMENT BY AND BETWEEN ANIRI, LLC AND HEARTLAND CENTER OWNERS OF RECORD NOW COMES ANIRI, LLC as Owner of the Real Property described in Exhibit "A", and the Owners of Record of the Real Property described in Exhibit `B" who hereby agree to the Mutual and Reciprocal Sign Easement as contained herein in consideration of the Mutual Covenants between each party hereto: Section 1 Grant of Easement ANIRI, LLC hereby grants a Mutual and Reciprocal Sign Easement for the use of the percentage of the sign face on the sign located on the Real Property described in Exhibit "A solely for on-site advertising for the businesses conducted by the Owners of Record described in Exhibit `B". Section 2 Reservation of Signage Space and Use GRANTOR, ANIRI, LLC hereby reserves the use of 50% at the top of said sign located on the Real Property described in Exhibit "A" for the operation of its Dairy Queen Business and any related business developed on said lot owned by GRANTOR. At no time shall any GRANTEE of this Mutual and Reciprocal Easement have a right to use any percentage of the signed face that is in excess of the percentage of use set out in the attached Exhibit "C". Section 3 Grant of License GRANTOR hereby grants a license for any GRANTEE hereunder to install at the expense of said GRANTEE their name and image on their percentage use of signage. Said license shall include the right for agents or employees of the GRANTEE to come onto the premises of GRANTOR solely and exclusively for sign maintenance and repair. GRANTOR reserves the right to move the location of the existing center sign located on its real property in the event the same does not conform to the overall development plan of GRANTOR with the Untied City of Yorkville or as requested by Dairy Queen as the Franchisor ofGRANTOR. Section 4 Maintenance Costs GRANTOR and GRANTEES shall mutually reciprocally be responsible for payment of electrical service, sign maintenance maintenance and repair costs, including any annual insurance charged to maintain said sign in direct proportion to the percentage of sign use used by GRANTOR and GRANTEE. Section 5 Duration of Sign Agreement This License and Lease shall continue until such time as there is any legal requirement for removal of said sign or so long as the parties hereto are in need of maintenance of the common sign for their business usage. No modification of said sign in terms of percentage of use or size shall be permitted unless approved by the United City of Yorkville and GRANTOR. 2 Section 6 Indemnification of Grantor GRANTEES and their successors and assigns hereby indemnify from any claim or liability the GRANTOR for property damage or any injury resulting as to the use, maintenance, construction, or location of said advertising common signage. Section 7 Termination of Lease In the event any Owner of Real Property with Heartland Center fails to timely pay assessments due, GRANTOR shall provide thirty (30) days written notice of termination of signage rights and said right of any GRANTEE to use said signage shall be terminated if the default continues beyond said thirty (30) day notice period. Section 8 Integration Clause This Lease Agreement shall constitute the entire Agreement of the parties hereto and constitute the sole obligation of GRANTOR respecting contributions for maintenance of common areas of any kind within Heartland Development, its obligation to participate in the common signage for said Heartland Center being the sole and only obligation imposed upon ANIRI, LLC. IN WITNESS WHEREOF the undersigned parties have executed this Agreement set opposite their name: ANIRI, LLC thorled Manager tuber Dated: 031k2 3 NORTH STAR TRUST COMPANY AS SUCCESSOR TRUSTEE TO MB FINANCIAL BANK N.A. AS SUCCESSOR TRUSTEE TO OAK BROOK BANK AS TRUSTEE UNDER TRSUT AGREEMENT DATED FEBRUARY 21 , 2001 AND KNOWN AS TRUST NUMBER 3191 Dated: - 'Ar 4 Dated 5 IYK 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS LOT 2 IN HEARTLAND CENTER RESUBDIVISION OF LOT 3 IN HEARTLAND CENTER SUBd'CV�SI'ON . UNIT 1 , ACCORDING TO THE PLAT THEREOF RECORDED APRIL Sr 2005 AS DOCUMENT ' 200500009772 AND CERTIFICATE OF CORRECTION RECORDED OCTOBER 8 . 2008 AS DOCUMENT 200800022051 , IN THE UNITED CITY OF YORKVILLEr KENDALL COUNTY , ILLINOIS i copyright AmoHan Land Title AssoolAtlon. All Aghts reserved. The use cf this Form Is rsatftiad b ALTA licenseaa and ALTA members In good standing as of the date of use. All other uses are proMbited. Repdnted under license horn the Amedcen Land Tide A.maelaeon. conUCOe .tvoaocc 2JM PAGE A2 06/05/ 12 14`C05 : 40' Appraisal f 728 L. L elrran.r Parkway, YmBui&, Il , KRUEGERAPPRAISALSERVICES INC FkNo 8400-0377 Page 16 SITE SKETCH lacketone FFF � � ,� .- • ' . ..�r mow. .. fFA a e e. w . MAP w r w ' a.. wg+rW,w.rww.a "' 1 ,; y / /y r[% le Bank A 6oldstdt' (A sail '` 1 >m p f .w � Its . .. - lot IF 'may t .ITq J 4 r�oocc � T ighthottee 1 AIR EXHIBIT " B " 08 / 31 / 2012 11 : 42 FAX 630 553 5764 DANIEL J . KRAMER 002 1002 l"AI1113fF "C , Tame of Owner PIN Number or LgLil � 1 'eicQwagc Assigned of f)escripticnt of Property that Signijew permitted to be used . ..... , . . .. _ . ...-... _� _.T .. . for Muntain � i lut,ltt to Use+ on Rual Property of ( irim _:._ . .__.' ANII I I , L.0 1 0l ' of 110 ntivul l Cntei 50'io ( toll % 01 si4n) .Ianit`: Raton;. .. _. Lot 7 ofTTcaulpnd (. utter ;?5" 6 ( 1011 lowu ',! of sie,n ) Chin ego Title. T and Trust Lots .3 , 4 5 end G of 25(X / / 11 I le Center .inland Ce l-- °� W D u n n c It I . . . . . . . . _ .. . v, • II 1 � � II I I p I 3�p Ak r4 I .. T l .... ..r._.. -. Con a I € r �T- 1 o f}........i. .....i 1 I :____ - 1 z • �L m �{ le._, .,t . J__t. 0 0 — a All 'So Ee 4 g�- nL3 RE l :i s3 a ` $ v s-x g IN. z • ' � i i vl -•" I ii r � ' 9'.:� f .col Kq ET IL 31 Eo< ory 9 S• . . 1 i . .f . I J `5 2 Z 5 \: / , ':\ /,.'� / ✓ it L \\ e f i \ VJ y T J v e s e \ � M c \ \ \\ ;04 b N \ \ a \ — — \ d � m Uy peon HalY � y I PUBLIC NOTICE NOTICE OF PUBLIC HEARIN BEFORE THE UNITED CITY OF YORKVILLE CITY COUNCIL PC 2013-03 NOTCIE IS HEREWITH GIVEN THAT Veterans Way, LLC and ANIRI, LLC Petitioners have filed an Amended Application with the United City of Yorkville, Kendall County, Illinois, requesting a major amendment to the Second Amendment of the Heartland Subdivision Annexation and Planned Unit Development dated January 11, 2005 related to the Heartland Business Center to permit raising 6' of additional signage in height sign panels for business located within Heartland Center and on the Dairy Queen Real Property where it is currently located. No change in sign width will be made; and the existing brick pillars will be raised. The real property consists of Lot 2 of Heartland Center generally south of U.S. Route 34; east of McHugh Road; and north of Heartland Drive at 728 E. Veterans Parkway, Yorkville, Illinois. The permanent index number(PIN) of the subject parcels is as follows: 02-28-253-009 Notice is herewith given that the City Council of the United City of Yorkville will conduct a public hearing on said application on Tuesday May 14, 2013 at 7 p.m. at the United City of Yorkville City Council Chambers, 800 Game Farm Road. Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk By: Lisa Pickering Deputy Clerk 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal ❑ CA#1 Finance ESL -� 1836 Engineer ❑ -_� City Administrator ❑ Tracking Number .4 City y Human Resources El� Wn sw _© Community Development ❑ ADM 2013-18 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Monthly Treasurer's Reports for March 2013 Meeting and Date: City Council—May 16, 2013 Synopsis: Council Action Previously Taken: Date of Action: Admin 4/18/13 Action Taken: Move forward to CC consent agenda for approval. Item Number: ADM 2013-18 Type of Vote Required: Council Action Requested: Submitted by: Rob Fredrickson Finance Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE TREASURER'S REPORT-for the period ending March 31,2013 Cash Basis %of '%of Projected Beginning Revenues YTD Expenses YTD Ending Fund Fund Balance March Revenues YTD Revenues Budget Budget March Expenses YTD Expenses Budget Budget Balance General Fund 01 -General 1,270,623 1,021,010 12,537,785 12,311,109 102% 963,178 9,112,709 11,379,867 80% 4,695,700 Special Revenue Funds 15-Motor Fuel Tax 924,857 29,178 488,132 454,547 107% 15,761 222,301 573,860 39% 1,190,688 79-Parks and Recreation 280,065 98,812 1,333,197 1,451,447 92% 126,418 1,237,469 1,506,767 82% 375,793 72-Land Cash (294,778) 4,102 62,615 420,500 15% 323 52,570 323,825 16% (284,733) 87-Countryside TIF 1,877,872 23 2,106 6,500 32% 375 307,147 306,043 100% 1,572,832 88-Downtown TIF 257,953 48 40,362 70,150 58% 3,080 48,349 41,500 117% 249,966 11 -Fox Hill SSA 17,071 1 3,795 3,786 100% 82 5,558 4,500 124% 15,308 12-Sunflower SSA 12,188 1 7,543 7,531 100% 82 11,796 9,986 118% 7,935 Debt Service Fund 42-Debt Service 87,510 8,484 420,999 427,144 99% - 504,995 505,370 100% 3,515 Capital Funds 16-Municipal Building (579,374) 750 11,959 5,250 228% 450 4,950 - - (572,365) 22-Park and Recreation Capital 62,473 244 4,320 43,500 10% 208 8,731 52,500 17% 58,062 20-Police Capital 229,238 1,350 36,541 29,200 125% 95 157,101 60,000 262% 108,677 21-Public Works Capital 62,884 3,673 63,000 53,500 118% 9,007 100,935 169,795 59% 24,949 23-City-Wide Capital 81,196 45,385 486,676 1,303,732 37% 10,423 251,150 1,040,500 24% 316,722 Enterprise Funds 51-Water 1,300,837 28,844 2,708,195 2,801,379 97% 123,245 2,721,510 3,085,983 88% 1,287,523 52-Sewer 3,003,537 3,360 1,518,598 1,639,817 93% 107,770 1,613,893 1,895,210 85% 2,908,242 80-Recreation Center (220,001) 37,714 476,838 622,500 77% 49,472 551,542 703,633 78% (294,705) Library Funds 82-Library Operations 388,831 7,231 786,459 817,634 96% 73,056 667,036 794,413 84% 508,254 83-Library Debt Service (1,821) 1,826 795,488 797,299 100% - 795,488 795,488 100% (1,821) 84-Library Capital 6,794 2,151 34,707 16,350 212% 1,994 14,729 13,474 109% 26,772 Total Funds 8,767,955 1,294,187 21,819,314 23,282,875 94% 1,485,019 18,389,957 23,262,714 79% 12,197,313 As Deputy Treasurer of the United City of Yorkville,I hereby attest,to the best of my knowledge,that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Rob Fredrickson,Finance Director/Deputy Treasurer 0 CIP Reviewed By: Agenda Item Number J� $ 06 Legal El CA#2 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources El� wn sw _© Community Development ❑ ADM 2013-21 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Call One Phone Agreements Meeting and Date: City Council —May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: ° clr y Q Memorandum �` e To: City Council sr. 1836 From: Bart Olson, City Administrator CC: 0 t C7 Date: April 11, 2013 4��2 Subject: Call One Phone Agreements LE Summary Approval of three agreements with Call One for phone system services. Background Attached are three agreements for phone services with Call One, the City's existing phone service vendor. The first agreement is a renewal of customer service agreement with a three-year term. This agreement covers every single-use phone line to the City's various wells and pump stations. The second agreement is a renewal of the ISDN-PRI customer service agreement for a three-year term. This agreement covers the City Hall phone system and calling charges. An analysis of this particular agreement is attached. AT&T is the City's existing underlying phone service provider. Call One has compared our AT&T rates with that of a third party and concluded the City can save money by switching to the third party phone vendor Windstar. That switch will involve no change in service or minutes, but will save the City almost $200 per month. The third agreement is for the City's Centrex phone system. This agreement covers the City's physical voicemail and 4-digit dialing equipment at City Hall and the Public Works building. This agreement is only for a 12-month term, because we are studying options to eliminate the Centrex system with a modern telephone system. Recommendation Staff recommends approval of all three Call One agreements. r+ A ! i UNITED CITY OF YORKVILLE 1010-7980 RENEWAL ANALYSIS Three-Year Agreement-AT&T Three-Year Agreement-Alt Vendor Current Rates 1-Yr Centrex i-Yr Centrex Rate Qty Charge Rate Qty Charge Rate Qty Charge Monthly Service Charges POTS Lines-Area C $10.94 49.0 $536.04 $14.64 49.0 $717.36 $14.64 49.0 $717.36 Centrex Lines-Area C $10.94 13.0 $142.21 $14.64 13.0 $190.32 $14.64 13.0 $190.32 Centrex Charge $8.00 13.0 $104.00 $14.00 13.0 $182.00 $14.00 13.0 $182.00 Centrex System Charge $5.00 1.0 $5.00 $5.00 1.0 $5.00 $5.00 1.0 $5.00 Centrex Telephone Charge $1.50 4.0 $6.00 $1.50 4.0 $6.00 $1.50 4.0 $6.00 EUCL $6.95 62.0 $430.90 $6.95 52.0 $361.40 $6.95 52.0 $361.40 Low Baud Circuit $115.57 1.0 $115.57 $115.57 1.0 $115.57 $115.57 1.0 $115.57 Low Baud Circuit $134.95 2.0 $269.89 $134.95 2.0 $269.89 $134.95 2.0 $269.89 Low Baud Circuit $87.91 1.0 $87.91 $87.91 1.0 $87.91 $87.91 1.0 $87.91 Low Baud Circuit $166.47 1.0 $166.47 $166.47 1.0 $166.47 $166.47 1.0 $166.47 Alternate Answering $0.51 2.0 $1.02 $0.42 2.0 $0.84 $0.42 2.0 $0.84 **Caller ID $5.00 1.0 $5.00 $7.00 1.0 $7.00 $7.00 1.0 $7.00 **Caller ID with Name Display $7.00 9.0 $63.00 $7.00 9.0 $63.00 $7.00 9.0 $63.00 Extra Listings $4.68 10.0 $46.75 $3.85 10.0 $38.50 $3.85 10.0 $38.50 Non-Published Listings $2.55 15.0 $38.25 $2.10 15.0 $31.50 $2.10 15.0 $31.50 Semi-Priviate Directory Listing $2.13 1.0 $2.13 $1.75 1.0 $1.75 $1.75 1.0 $1.75 PRI-Expires 03/01/13 $625.00 1.0 $625.00 $935.00 1.0 $935.00 $330.00 1.0 $330.00 DID's $0.20 110.0 $22.00 $0.20 110.0 $22.00 $0.20 110.0 $22.00 ISDN PRI EUCL $31.40 1.0 $31.40 $31.40 1.0 $31.40 $31.40 1.0 $31.40 ISDN PRI Caller ID with Name Display N/A 0.0 N/A N/A 0.0 N/A $85.00 1.0 Included FailSafe N/A 0.0 N/A N/A 0.0 N/A $80.00 1.0 Included Point-to-Point-Expires 10/14/14 $295.06 1.0 $295.06 $295.06 1.0 $295.06 $295.06 1.0 $295.06 Sublocation Fees $3.00 19.0 $57.00 $3.00 7.0 $21.00 $3.00 7.0 $21.00 Total Local Service Charges $3,050.60 $3,548.97 $2,943.97 Local Usage POTS Band A(0-8 miles) $0.008 2,790.0 $23.63 $0.012 2,790.0 $33.48 $0.012 2,790.0 $33.48 Band B(8-15 miles)-Initial Minutes $0.018 886.0 $15.81 $0.024 886.0 $21.26 $0.024 886.0 $21.26 Band C/Local Toll(over 15 Miles) $0.018 0.0 $0.00 $0.018 0.0 $0.00 $0.018 0.0 $0.00 PRI Band A(0-8 miles) $0.008 3,321.0 $28.10 $0.012 3,321.0 $39.85 $0.012 3,321.0 Included Band B(8-15 miles)-Initial Minutes $0.018 734.0 $13.11 $0.024 734.0 $17.62 $0.024 734.0 Included Band C/Local Toll(over 15 Miles) $0.018 3,013.0 $53.81 $0.018 3,013.0 $54.23 $0.018 3,013.0 Included Local Toll $0.024 213.7 $5.13 $0.029 213.7 $6.20 $0.029 213.7 $6.20 Total Local Usage Charges $139.59 $172.64 $60.94 Directory Assistance $2.25 31.01 $69.75 $2.25 31.01 569.75 $2.25 31.C)l 69.75 Nat'l Directory Asst $2.25 0.0 0.00 $2.25 0.0 020 $2.25 0.0 0.00 Long Distance Intrastate $0.029 44.9 $1.30 $0.029 44.9 $1.30 $0.029 44.9 $1.30 Interstate $0.029 64.6 $1.87 $0.029 64.6 $1.87 $0.029 64.6 $1.87 Intralata $0.020 901.3 $18.03 $0.018 901.3 $16.22 $0.018 901.3 $16.22 Total Long Distance charges $21.20 $19.40 $19.40 ESTIMATED MONTHLY CHARGES $3,281.14 S3,810.7 6 3,094.06 ESTIMATED MONTHLY SAVINGS -$529.63 $187.07 ESTIMATED% SAVINGS -16% 6% ESTIMATED ANNUAL SAVINGS -$6,355.54 $2,244.89 Estimated AT&T Early Termination Charges $0.00 $0.00 Estimated Install Charges $0.00 $110.00 Estimated Service Order Charges $0.00 $25.00 Estimated Total Conversion Charges $0.00 $135.00 ESTIMATED 1ST YEAR SAVINGS -$6,355.54 $2,109.89 ESTIMATED SAVINGS 3 YR SAVINGS -$19,066.62 3 YR SAVINGS $6,599.66 * New ISDN PRI includes 20,000 local Bands A,B and C minutes,failsafe routing and caller ID with name display. **Caller ID discounted rates do not apply to Centrex Caller ID. Rates and discounts are valid for 30 days. 4/11/2013 CALF � o Renewal Customer Service Agreement This Customer Service Agreement("Agreement")authorizes Call One®Inc.,with a principal place of business at 123 North Wacker, Floor 7,Chicago,IL 60606("Call One")to provide telecommunication services("Services")to the customer identified immediately below("Customer"). The Services provided hereby are subject to the Terms and Conditions set forth in this Agreement. Customer United City of Yorkville Address 800 Game Farm Road City Yorkville ST IL ZIP 60560 Please check box to determine term and discount [ ] I Year [ ] 2 Year [X] 3 Year Additional Charges:All rates and discounts contained in this agreement are subject to the rates and discounts contained in the SPC underlying agreement. Service/Additional Terms: Renewal of existing services. Billing Telephone Numbers (BTN) associated with this account: Physical Location City, State BTN 1299 CAROLYN CT YORKVL,IL 630-552-9222 1107 PRAIRIE CROSSING DR; Flr 1 YORKVL, IL 630-553-0770 902 GAME FARM RD YORKVL, IL 630-553-0823 804 GAME FARM RD; Flr 1 YORKVL, IL 630-553-1141 9730 ROUTE 126; Flr 1 YORKVL, IL 630-553-1577 1800 N BRIDGE; Flr 1 YORKVL, IL 630-553-1703 804 GAME FARM RD YORKVL, IL 630-553-2061 276 WINDHAM CIR;Flr 1 YORKVL, IL 630-553-2155 610 TOWER LN YORKVL,IL 630-553-2406 800 Game Farm Road Yorkville, IL 630-553-2582 2512 ROSEMOUNT DR YORKVL, IL 630-553-3685 1991 CANNONBALL TR; Flr 1 YORKVL, IL 630-553-4309 Authorized customer signature Date CallOne authorized signature Print name Title Print name Date Call One Inc. 123 N Wacker Drive 7th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 W Page 1 of 3 W Billing Telephone Numbers (BTN) (continued): 610 TOWER LN YORKVL, IL 630-553-4349 610 TOWER LN YORKVL, IL 630-553-4349 101 BEAVER YORKVL,IL 630-553-5083 6778 ROUTE 47 YORKVL, IL 630-553-5426 1102 E SCHOOLHOUSE RD;FIr 1 YORKVL, IL 630-553-6271 201 W HYDRAULIC AV; FIr 1 YORKVL, IL 630-553-6522 131 E HYDRAULIC AV;FIr 1 YORKVL, IL 630-553-6805 804 GAME FARM RD;des basement YORKVL, IL 630-553-7575 902 GAME FARM RD; FIr 1 YORKVL, IL 630-553-8240 1102 CORNELL; FIr 1 YORKVL, IL 630-553-9016 420 FAIRHAVEN DR; FIr 1 YORKVL,IL 630-553-9673 3299 LEHMAN CROSSING; FIr 1 YORKVL, IL 630-554-5031 800 GAME FARM RD; FIr 1 YORKVL, IL 630-882-6357 1975 N BRIDGE YORKVL, IL 630-882-6526 902 GAME FARM RD YORKVL, IL 630-882-6578 101 BRUELL YORKVL, IL 630-882-8394 800 GAME FARM RD YORKVL, IL 630-R06-1269 Customer initials Call One initials Call One Inc. 123 N Wacker Drive 7th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 W Page 2 of 3 W Terms and Conditions 1.Term.Customer hereby orders the Local Exchange,Interexchange and miscellaneous services incident thereto as described herein(collectively,the "Services")for the term selected by Customer on Page 1 of this Agreement(the"Term"),effective as of the date the Services are installed or first provided(the"Effective Date"). Upon expiration of the Term,the usage rates and monthly recurring charges applicable to a Term other than Month-to-Month will revert to Call One's prevailing month-to-month rates unless Customer has(1)entered into a successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Term.Call One is not responsible for notifying customer of the expiration of any Term. 2.Rates.(a)Unless otherwise specified on Page 1 of this Agreement,Call One's prevailing month-to-month rates for lines,features,other monthly recurring charges and non-recurring charges(e.g.,installation,service establishment and/or other non-recurring charges)will apply to the Services.By executing this Agreement,Customer acknowledges that it has received notice of and is aware of the rates and other charges that apply to the Services that are not specifically identified on Page 1 of this Agreement.If there is any change to Call One's prevailing rates or charges that apply to the Services,Customer will be notified in its monthly invoice or in the applicable state tariff,effective as stated therein. If Customer has elected a Term other than Month-to-Month,the usage rates and monthly recurring charges(each expressed as a rate or as a discount off Call One's prevailing month-to-month rates)identified on Page 1 of this Agreement will apply to the Services during the Term.(b)Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and taxes.(c)Call One may,at its sole discretion,increase the rates for Band C, 1+long distance or inbound 800/888 toll-free Services,if and to the extent the charge from the local exchange carrier to terminate the outbound calls or to originate the inbound calls exceeds twenty-five percent of the rate for that Service,and that Service will be provided on a month-to-month term. 3.Authorization.Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(BTN)and/or physical locations listed below and included in any supplement to this Agreement.This grant of agency shall remain in effect until revoked by Customer. 4.Existing Commitments.(a)If Customer has an existing term commitment contract with another service provider(a"Third Party Commitment"), Customer acknowledges that,in addition to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties,fees or charges by virtue of that Third Party Commitment.(b) If,as part of Call One's provision of Services,Customer terminates a Third Party Commitment(s),Customer agrees that it is solely responsible for the fees associated with such termination. Further,no discount is provided for the related services unless and until Customer has agreed to terminate the Third Party Commitment(s)as provided above or the Third Party Commitment(s)has expired and Customer has entered a new agreement directly with Call One. 5.Early Termination/Cancellation.Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s).(a)If Customer terminates the Service in whole or in part prior to the expiration of the Term,Customer will be liable for an early termination charge equal to the Term Savings Recovery.As used herein,"Term Savings Recovery"is the total usage and monthly recurring charge discount received by the Customer calculated as follows:(A)the difference between the total usage charges billed to Customer at the discounted rates Customer received for the Term selected in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date;and(B)the difference between the discounted monthly recurring charges Customer received for the Term selected in this Agreement and the Call One tariff non-discounted monthly recurring charges in effect as of the Effective Date times the number of months Service was provided. In addition,Customer shall also be liable for any installation and/or other non-recurring charges that were waived.(b)If Call One terminates Service(s)in whole or in part due to Customer's non-payment or default,customer will be deemed to terminate the Service(s)and liable for all early termination charges.(c)If Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service. 6.Inside Wiring.The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Call One website at www.callone.com. Inside wiring provided by a third party vendor will be billed at their applicable rates and charges. In addition,any installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring. 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof.The foregoing limitation of liability includes any mistakes,omissions,interruptions, delays,errors or defects in transmission occurring in the course of installing and/or furnishing the Service. 8.Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One web site currently at www.callone.com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes. 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent will not be unreasonably withheld or delayed.Any prohibited assignment shall be void ab initio. 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents.The terms contained in this Agreement and any documents attached and referenced herein constitute the entire agreement between the parties with respect to the subject matter hereof. 11.Jurisdiction/Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a trial by jury.Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. Customer initials Call One initials Call One Inc. � 123 N Wacker Drive 7th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 (A) Page 3 of 3 W 0 %Ae% A IWO LM LM ISDN-PRI Customer Service Agreement This Customer Service Agreement("Agreement")authorizes Call One®Inc.,with a principal place of business at 123 North Wacker, Floor 7,Chicago,IL 60606("Call One")to provide telecommunication services("Services")to the customer identified immediately below("Customer"). The Services provided hereby are subject to the Terms and Conditions set forth in this Agreement. Customer United City of Yorkville Address 800 Game Farm Road City Yorkville ST IL ZIP 60560 Please check box to determine term and discount [ ] I Year [ ]2 Year [X]3 Year Additional Charges:All rates and discounts contained in this agreement are subject to the rates and discounts contained in the SPC underlying agreement. DID Port Charge$1.00/DID ported.ISDN PRI inclusive of 20,000 Band A,B and C minutes,Caller ID w/Name and Failsafe Routing.DID numbers at$2.00/block of ten(10). 30%discount on features excluding Caller ID w/Name and Failsafe Routing. (This is to cover features such as Additional Directory Listings).Waive PIC fees. Service/Additional Terms: Install one(1)new ISDN PRI inclusive of 20,000 Band A,B and C minutes,Caller ID w/Name and Failsafe Routing to replace existing ISDN PRI(Circuit ID DZZD.887478BTN 630.826.2965). Tag at the demarc. See Vendor Form for DID's to port. Billing Telephone Numbers (BTN)associated with this account: Physical Location City,State BTN 804 GAME FARM RD; FIr 1 YORKVILLE, IL NEW Circuit ID NRC MRC Term New $2000.00 Waived $330.00 36 Months Authorized customer signature Date CallOne authorized signature Print name Title Print name Date D � Call One Inc. 07 123 N Wacker Drive 7th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 T Page 1 of 2 Terms and Conditions 1.Term.Customer hereby orders the Services as identified on Page 1 of this Agreement and miscellaneous services incident thereto for the term selected by Customer on Page 1 of this Agreement(the"Term").Upon expiration of the Term,the monthly recurring charges applicable to a Term other than Month-to-Month will revert to Call One's prevailing month-to-month rates unless Customer has(1)entered into a successor agreement or(2) canceled the Service,in each case effective as of the expiration of the Term.Call One is not responsible for notifying customer of the expiration of any Term.The Term shall begin on the later of(i)the date Call One signs the first page of this Agreement and(ii)the date any installation necessary to begin the Service is completed. 2.Rates.(a)The Monthly Charge and usage rates identified on Page 1 of this Agreement will apply to the Services during the Term.Upon expiration of the Term,the Monthly Charge and usage rates will revert to Call One's prevailing month-to-month rates for the Service unless Customer has(1)entered into a successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Term.(b)Installation,service establishment and/or other non-recurring charges("Non-Recurring Charges")incident to the Services will apply as identified on Page 1 of this Agreement.(c)Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and taxes. 3.Authorization.Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(BTN)and/or physical location listed on Page 1 and included in any supplement to this Agreement.This grant of agency shall remain in effect until revoked by Customer. 4.Existing Commitments.(a)If Customer has an existing term commitment contract with another service provider(a"Third Party Commitment")that is not specifically identified as being terminated pursuant to Section 4(b),Customer acknowledges that,in addition to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties,fees or charges by virtue of that Third Party Commitment.(b)If as part of Call One's provision of Services Customer has agreed to terminate a Third Party Commitment(s)identified on Page 1 of this Agreement,Customer agrees that it is solely responsible for the fees associated with such termination. 5.Early Termination/Cancellation.Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s).(a)If Customer terminates the Service in whole or in part prior to the expiration of the Term,Customer will be liable for an early termination charge,as liquidated damages and not as a penalty,equal to(1)the Monthly Charge payments remaining for the Term of this Agreement, (2)any special construction charges required to make the Service available and(3)any previously waived installation and/or other non-recurring charges and(4)the difference between the total usage charges billed to Customer at the usage rates Customer received for the Term in this Agreement and the total usage charges that would have been billed to Customer at the Call One tariff month-to-month usage rates in effect as of the Effective Date. (b)If Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service,including any special construction charges.Termination/cancellation charges are due within fifteen(15)days of the effective date of termination/expiration. 6.Inside Wiring.The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Call One website at www.callone.com. Inside wiring provided by a third party vendor will be billed at their applicable rates and charges. In addition,any installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring. 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof. 8.Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One website currently at www.callone.com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes. 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent will not be unreasonably withheld or delayed.Any prohibited assignment shall be void ab initio. 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents.The terms contained in this Agreement and any documents attached hereto and referenced herein or therein constitute the entire agreement between the parties with respect to the subject matter hereof,superseding all prior and contemporaneous understandings,proposals and other communications,oral or written. 11.Jurisdiction/Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a trial by jury.Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. Customer initials Call One initials D � Call One Inc. 07 123 N Wacker Drive 7th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 Page 2 of 2 0 %Ae% A IWO LM LM Centrex Renewal Customer Service Agreement This Customer Service Agreement("Agreement")authorizes Call One®Inc.,with a principal place of business at 123 North Wacker, Floor 7,Chicago,IL 60606("Call One")to provide telecommunication services("Services")to the customer identified immediately below("Customer"). The Services provided hereby are subject to the Terms and Conditions set forth in this Agreement. Customer United City of Yorkville Address 800 Game Farm Road City Yorkville ST IL ZIP 60560 Term Agreement: 12 Months Centrex Monthly Charge: $14.00 Number of Lines Guaranteed: 2 Additional Charges:All rates and discounts contained in this agreement are subject to the rates and discounts contained in the SPC underlying agreement. Service/Additional Terms: Renewal of existing services. Billing Telephone Numbers(BTN) associated with this account: Physical Location City,State BTN 610 TOWER LN YORKVL, IL 630-553-4349 Authorized customer signature Date CallOne authorized signature Print name Title Print name Date Call One Inc. �I 123 N Wacker Drive 7th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 C31 Page 1 of 2 00 Terms and Conditions 1.Term.Customer hereby orders the Local Exchange,Interexchange and miscellaneous services incident thereto as described herein(collectively,the "Services")for the term selected by Customer on Page 1 of this Agreement(the"Term")Upon expiration of the Term,the monthly recurring charges applicable to a Term other than Month-to-Month will revert to Call One's prevailing month-to-month rates unless Customer has(1)entered into a successor agreement or(2)canceled the Service,in each case effective as of the expiration of the Term.Call One is not responsible for notifying customer of the expiration of any Term.The Term shall begin on the later of(i)the date Call One signs the first page of this Agreement and(ii)the date any installation necessary to begin the Service is completed. 2.Rates.By executing this Agreement,Customer acknowledges that it has received notice of and is aware of the rates and other charges that apply to the Services that are not specifically identified on Page 1 of this Agreement. If there is any change to Call One's prevailing rates or charges that apply to the Services,Customer will be notified to Customer in its monthly invoice or in the applicable state tariff,and will be effective as stated therein.If Customer has elected a Term other than Month-to-Month,the monthly recurring charges(each expressed as a rate or as a discount off Call One's prevailing month-to-month rates)identified on Page 1 of this Agreement will apply to the Services during the Term.Call One shall also bill Customer as a separate line item all applicable federal,state and other governmental fees,surcharges and taxes. 3.Authorization.Customer authorizes Call One to act as its agent for purposes of obtaining information on Customer's existing telecommunications and related service(s)and to submit orders to reflect the Services ordered under this Agreement for the specific Billing Telephone Numbers(BTN)and/or physical locations listed below and included in any supplement to this Agreement.This grant of agency shall remain in effect until revoked by Customer. 4.Existing Commitments.(a)If Customer has an existing term commitment contract with another service provider(a"Third Party Commitment")that is not specifically identified as being terminated pursuant to Section 4(b),Customer acknowledges that,in addition to the Terms and Conditions of this Customer Service Agreement,Customer shall remain obligated under the terms of such Third Party Commitment and shall be solely responsible for any penalties,fees or charges by virtue of that Third Party Commitment.(b)If as part of Call One's provision of Services Customer has agreed to terminate a Third Party Commitment(s)identified on Page 1 of this Agreement,Customer agrees that it is solely responsible for the fees associated with such termination.Further,no discount is provided for the related services unless and until Customer has terminated the Third Party Commitment(s)as provided above or the Third Party Commitment(s)have expired and Customer has entered a new agreement directly with Call One. 5.Early Termination/Cancellation.Customer shall be required to provide Call One a minimum of 30 days notice in writing of any termination/cancellation of Service(s).(a)If Customer terminates the Service in whole or in part prior to the expiration of the Term,Customer will be liable for an early termination charge equal to the Term Savings Recovery.In addition,Customer shall also be liable for any installation and/or other non-recurring charges that were waived.(b)If Customer cancels Service before the Service is established,Customer shall be liable to Call One for all reasonable expenses incurred by Call One to process the order for Service.(c)The penalty will be calculated as follows:25%x(number of lines guaranteed)x(line charge+Centrex charge)x(number of months remaining on term). 6.Inside Wiring.The applicable rates for inside wiring provided directly by Call One to Customer are specified on the technician-charges page of the Call One website at www.callone.com. Inside wiring provided by a third party vendor will be billed at their applicable rates and charges. In addition,any installation charges identified on Page 1 of this Agreement applies to the initial Service installation and does not include inside materials and wiring. 7.Liability.The entire liability of Call One,if any,for damages to Customer or to any third party whether in negligence,tort,contract or otherwise,which may arise from Call One's performance or non-performance of the Services is limited to an amount equal to a prorated adjustment of applicable monthly recurring charges for the Services affected or any portion thereof.The foregoing limitation of liability includes any mistakes,omissions,interruptions, delays,errors or defects in transmission occurring in the course of installing and/or furnishing the Service. 8.Applicability of Tariffs.This Agreement orders Services at rates provided herein and subject to the terms and conditions set forth in Call One's then-applicable state tariff,which tariff is incorporated by reference.State tariffs are available through the regulatory page of the Call One web site currently at www.callone.com.Customer acknowledges all services purchased pursuant to this agreement are for business purposes. 9.Assignment.Customer may not assign this Agreement(by operation of law or otherwise)without the prior written consent of Call One,which consent will not be unreasonably withheld or delayed.Any prohibited assignment shall be void ab initio. 10.Entire Agreement.Signed facsimile or scanned copies of this Agreement will legally bind the parties to the same extent as originally executed documents.The terms contained in this Agreement and any documents attached hereto and referenced herein or therein constitute the entire agreement between the parties with respect to the subject matter hereof,superseding all prior and contemporaneous understandings,proposals and other communications,oral or written. 11.Jurisdiction/Collection Costs.Any action or proceeding arising out of or related to this Agreement,the Tariffs or Services may be commenced in any state or Federal court of competent jurisdiction in the State of Illinois.The Parties submit and expressly consent to the jurisdiction of such court and expressly waive any right to a trial by jury.Call One shall be entitled to recover from Customer all reasonable collection costs,including attorneys fees. Customer initials Call One initials Call One Inc. �I 123 N Wacker Drive 7th Floor-Chicago,IL 60606-Telephone 312-681-8300-Fax 312-681-8301 Ui Page 2 of 2 00 CALLONE ALWAYS CONI',JECTING PRI/ALTERNATE VENDOR FORM Completed By: Completed Date: Company Name: This Section to be completed by - Customer 1. Service Address: Street Address: Location: City, State, Zip: 2. Is this a closed building? Yes No If yes, who operates the risers in the building? 3. On Site Contact: ' Name: Office Phone: zy Mobile Phone: Email Address: 4. Equipment Provider Company Name: • 1 Contact Name: Contact Phone: Contact Email: 5. Existing Telephone Number at Installation Address of PRI: Phone Number: b. Are Existing Numbers Being Ported to this PRI? Yes No If yes, list the existing carrier and associated numbers below, or complete the LNP form. Carrier Name: AT&T Phone Numbers: Mirror Existing circuit. See CSR 630-R26-2965 7. Directory Listings: What should be the Main Listed Number? • How should the company name appear in the White &Yellow Pages? Do you want additional listing? Yes No *Note:additional monthly charges apply. Additional Listings: i PRI/VENDOR Form-A CALL ALWAYS C.0I',INECT1r-fG PRI/ALTERNATE VENDOR FORM (cont.) This Section to be completed by - Customer 8. Do You Currently Have E-911? Yes No If yes, who is your E-91 1 Provider? 9. How Many New DID's are Needed? *Note:If no new DID's are needed, 1 DID will be ordered for testing purposes. 10.Name to be Displayed on Outbound Caller ID: *Note:Limited to 15 Characters Caller ID Name: 11.Inbound Caller ID w/ Name: Yes No *Note:Caller ID Number only is standard with NI2.Additional Monthly Charges Apply. • 12.Do You Have or Will You Need Account Codes? Yes No ' If yes, please submit a separate spreadsheet containing required codes. 13.Outbound ANI Delivery? Yes No If yes,via PBX or via Carrier? 14.Location of the Network Interface: (inside, outside, floor, room, etc.) 15.Does the Circuit Need to be Extended? Yes No Would you like Call One to complete the inside wiring? Yes No If yes, please provide the location the circuit is to be installed: 16.Is A Failsafe Needed? Yes No *Note:additional monthly charges apply. If yes, please specify the telephone number the calls will forward to: If yes, how many paths are needed? • Client Name Client Signature • Client Title PRI/VENDOR Form-13 CALL N AL\VAYS CONNECTING PRI/ALTERNATE VENDOR FORM (cont.) This Section to be completed . DO• 1. Restricted Digits:0,9 2. Circuit Type: (Please select one) Custom: N 12: Other: 3. Channel Configuration: (Please select one) Two-Way: DID Only: DOD Only: • 4. Number of Digits Outpulsed from the Central Office: 4 5. Trunk Group Hunt: (Ascending, Descending) Ascending: Descending: 6. Define Trunk Group, if multiple Trunk Groups are Ordered: • 7. Switch Type: (manufacturer & model) Nortel • Vendor Name Vendor Signature Vendor Title PRI/VENDOR Form-C I I Reviewed By: Agenda Item Number 606 Legal 0 CA#3 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator Tracking Number Human Resources ❑ `=Q Community Development ADM 2013-22 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Kendall County Intergovernmental Agreement—Inspection Services Meeting and Date: City Council —May 16, 2013 Synopsis: Intergovernmental Agreement between the United City of Yorkville and Kendall County related to shared inspection services. Council Action Previously Taken: Date of Action: N/A Action Taken: N/A Item Number: N/A Type of Vote Required: Majority Council Action Requested: Approval. Submitted by: Krysti J. Barksdale-Noble Community Development Name Department Agenda Item Notes: See attached memo. Memorandum EST -� 1836 To: Administration Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Pete Ratos, Building Code Official {LE '►�'� Date: April 9, 2013 Subject: Kendall County Intergovernmental Agreement-Inspection Services Summary The attached proposed intergovernmental agreement is between the United City of Yorkville and Kendall County for shared inspection and building code resource services on an as needed basis. Proposed Agreement The basic substance of the agreement is to offer substitute inspection services for the City of Yorkville and Kendall County should the Code Officials of the respective government agencies be on vacation or otherwise unavailable to conduct their normal duties. The agreement is on an as need basis and consists of the following services when requested: footing inspections; backfill inspections; foundation wall inspections; concrete slab inspections; rough framing inspections; rough electric inspections; underground electric inspections; electrical service inspections; insulation inspections; roofing inspections and final inspections. The terms of the agreement does not include plan review, permit approval, plumbing inspections and critical inspections, such as initial check or prior to permits being issued. The provisions of the agreement also allows for either Code Official, if requested, to perform property maintenance inspections and issue citations. Should they need to attend an administrative or court hearing as a result of the citation, a notice of at least fourteen (14) days will be provided as a courtesy. Both inspectors will be paid by their respective governmental agency and neither will receive supplemental pay for their occasional service. Staff Comments Staff worked with the Kendall County's Building Department to craft the proposed agreement to allow for back up for inspection services since each local government agency is staffed by one (1) full-time inspector. The benefit of the proposed agreement is that coverage will be available to the City should a planned need or emergency arise. Proper indemnification clauses and term renewal provisions have been provided in the proposed agreement which has been reviewed by the Building Code Official and City Attorney. Kendall County's Planning Building and Zoning Committee (PB&Z) has already reviewed the attached agreement at their April 8th meeting and recommended approval. Should you have any specific questions regarding the attached proposal; staff will be available at Thursday night's meeting to address the committee. INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN KENDALL COUNTY, ILLINOIS AND YORKVILLE, ILLINOIS THIS INTERGOVERNMENTAL AGREEMENT ("the Agreement") by and between the County of Kendall, a unit of local government of the State of Illinois ("Kendall County") and the United City of Yorkville, Kendall County, Illinois (the "City") a municipal corporation of the State of Illinois, is as follows: WITNESSETH: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, the City and Kendall County are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, pursuant to the authority granted by the Illinois Counties Code and Illinois Municipal Code (55 ILCS 511-1001, et seq. and 65 ILCS 511-1-1, et seq.), the County and City (collectively referred to as the "Parties") are both authorized to perform inspections of buildings within their respective jurisdictions to promote the health and safety of the public; and WHEREAS, units of local government may establish agreements with other units of local government within the State of Illinois to enforce building codes pursuant to 20 ILCS 3105/10.09-1(f), which is commonly known as the Capital Development Board Act; and Page 1 of 10M IN WHEREAS, the County and City wish to share their resources and assist each other in the performance of inspections on an as needed basis, while not surrendering their own jurisdiction or relinquishing any of their rights. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the parties agree as follows: Section 1. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. The Parties agree that Kendall County Code Official Brian Holdiman and the City of Yorkville Building Code Official Pete Ratos shall perform the following services on the other party's behalf when requested: footing inspections; backfill inspections; foundation wall inspections; concrete slab inspections; rough framing inspections; rough electric inspections; underground electric inspections; electric service inspections; insulation inspections; roofing inspections and final inspections. In instances where Holdiman or Ratos inspect and find violations and a code enforcement action is required in court or administrative adjudication, Holdiman or Ratos may be requested to be a witness to verify any violations found during their inspection. If it is requested that either Ratos or Holdiman attend an administrative or court hearing in regard to violations, then they shall be given reasonable notice of no less than fourteen (14) days for such hearing and they shall attend as requested. Section 3. The Parties agree that the following inspection services shall not be provided under this agreement: plan review; permit approval; initial site inspections prior to a permit being issued and plumbing inspections. Page 2 of 10M Section 4. Upon request, the Parties agree to coordinate and assist each other in the parties' performance of the inspections set forth in Section 2 of this Agreement only under the following circumstances: a. If Kendall County Code Official Holdiman or City Building Code Official Ratos is absent from work due to illness, vacation, on an approved leave of absence, or otherwise unavailable to perform one or more of the above listed inspections within Section 2 for their respective jurisdiction; and/or b. If Kendall County Code Official Holdiman or City Building Code Official Ratos has a conflict of interest in performing one or more of the inspections set forth in Section 2 for their respective jurisdiction. For purposes of this Agreement, the party requesting assistance shall be referred to as "the home jurisdiction" and the party providing the inspection services assistance as set forth in Section 2 shall be referred to as "the visiting inspector". Section S. In the event the visiting inspector is unable to perform the inspection services set forth in Section 2 of this Agreement, the home jurisdiction shall be responsible for performing its inspection or shall be responsible for retaining and payment of a third party to perform the inspection. Section 6 When the visiting inspector performs an inspection on behalf of the home jurisdiction, the visiting inspector shall utilize the building codes of the home jurisdiction where the inspection is taking place. As such, when an inspection is within the corporate limits of the City, the County inspector shall use the building codes that are currently adopted and enforced by the City at the time of the inspection. When an inspection is in an unincorporated portion of Page 3 of 10M IN Kendall County, where the County has jurisdiction, the City inspector shall utilize the building codes that are currently adopted and enforced by the County at the time of the inspection. Section 7. When a home jurisdiction requests the visiting inspector's assistance, the home jurisdiction shall provide a minimum of twenty-four (24) hours notice when there is a foreseeable need for the other party's inspection services. In the event of an illness or other emergency, the parties agree to provide each other with as much advance notice as possible if a visiting inspector's services are needed pursuant to Section 4. Section 8. Inspections must be completed using the proper jurisdiction's forms. Prior to the commencement of any requested inspection, the home jurisdiction requesting assistance will prepare and provide all necessary inspection reports/forms for use by the visiting inspector and deliver them to the visiting inspector prior to the inspection taking place. Following an inspection, the original, completed inspection reports/forms shall be returned to the home jurisdiction within twenty-four (24) hours after completion of the inspection. After the visiting inspector has returned the original, completed inspection reports/forms to the home jurisdiction, the visiting inspector shall not be required to retain the records of inspections for the home jurisdiction after performing inspections under this Agreement. Section 9. Neither the City nor the County shall subcontract the services provided to the other under this agreement to a third-party inspector without the prior written consent of all parties. Section 10. There will be no compensation paid to, or by, either jurisdiction for the sharing of services under this Agreement. Section 11. When a visiting inspector performs an inspection under this Agreement for the home jurisdiction, the visiting inspector shall use its own equipment, tools and vehicles, and Page 4 of 100 IN the home jurisdiction shall not be responsible for reimbursing the visiting inspector for mileage or any other expenses incurred by the visiting inspector. Section 12. The City and County shall each defend, with counsel of the other party's own choosing, indemnify and hold harmless the other party, including past, present and future board members, elected officials, insurers, employees, and agents from and against any and all claims, liabilities, obligations, losses, penalties, fines, damages, and expenses and costs relating thereto, including but not limited to attorneys' fees and other legal expenses, which the other party, its past, present and future board members, elected officials, insurers, employees, and/or agents may hereafter sustain, incur or be required to pay relating to or arising in any manner out of the inspections to be performed by the other party under this agreement. As such, when the City performs an inspection for the County, the City will defend with counsel of the County's own choosing, indemnify and hold harmless the County as set forth above relating to the City's and the City Building Code Official's actions in the performance of their duties under this Agreement. When the County performs an inspection for the City, the County will defend with counsel of the City's own choosing, indemnify and hold harmless the City as set forth above relating to the County's and the County Code Official's actions in the performance of their duties under this Agreement. Section 13. Nothing in this agreement shall be deemed to change or alter the jurisdiction of either the City or County in any respect, including, but not limited to their building and zoning regulations, powers and duties. Section 14. This Agreement and the rights of the parties hereunder may not be assigned (except by operation of law), and the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. Page 5 of 100 IN Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties and their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of such agreements. Section 15. This Agreement shall be interpreted and enforced under the laws of the State of Illinois. Any legal proceeding related to enforcement of this Agreement shall be brought in the Circuit Court of Kendall County, Illinois. In case any provision of this Agreement shall be declared and/or found invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall, to the extent possible, be modified by the court in such manner as to be valid, legal and enforceable so as to most nearly retain the intent of the parties, and, if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality, and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. Section 16. All notices required or permitted hereunder shall be in writing and may be given by (a) depositing the same in the United States mail, addressed to the parry to be notified, postage prepaid and certified with the return receipt requested, (b) delivering the same in person, or(c)telecopying the same with electronic confirmation of receipt If to the County: Director Kendall County Planning, Building &Zoning 111 West Fox Street, Room 203 Yorkville, Illinois 60560 Fax: 630-553-4179 With copy to: Kendall County State's Attorney 807 John Street Yorkville, Illinois, 60560 Fax: 630-553-4204 If to the City: Community Development Director Page 6 of 10M IN United City of Yorkville0 800 Game Farm Road Yorkville, Illinois 60560 Fax: 630-553-7264 Or any such other person, counsel or address as any party hereto shall specify pursuant to this Section from time to time. Section 17. This Agreement may be executed in counterparts (including facsimile signatures), each of which shall be deemed to be an original and both of which shall constitute one and the same Agreement. Section 18. This Agreement represents the entire agreement between the parties and there are no other promises or conditions in any other agreement whether oral or written. Except as stated herein, this agreement supersedes any other prior written or oral agreements between the parties and may not be further modified except in writing acknowledged by both parties. Section 19. Nothing contained in this Agreement, nor any act of the County or the City pursuant to this Agreement, shall be deemed or construed by any of the parties hereto or by third persons, to create any relationship of third parry beneficiary, principal, agent, limited or general partnership,joint venture, or any association or relationship involving the County and the City. Further, nothing in this agreement should be interpreted to give the County or City any control over the other's employees or imply a power to direct the employees of the other government body, which neither entity may exercise. Section 20. When performing inspections under the terms of this Agreement, the County and City intend that any injuries to their respective employee shall be covered and handled exclusively by their jurisdiction's own worker's compensation insurance in place at the time of such injury.[fft is further agreed that all employee benefits, wage and disability payments, Page 7 of 10M M pension and worker's compensation claims, damage to or destruction of equipment, facilities, clothing and related medical expenses of the City or County and their respective inspectors, which may result from their activities under this Agreement, shall be the responsibility of the jurisdiction which employs the inspector making such a claim. Section 21. The Parties will obtain and continue in force, during the term of this Agreement, all insurance as set forth below. Each insurance policy shall not be cancelled or changed without thirty (30) days prior written notice, given by the respective insurance carrier(s) to Kendall County and the City at the address set forth herein. Before starting inspections hereunder, the parties shall obtain the following insurance at a minimum: (a) Worker's Compensation and Occupational Disease Disability insurance, in compliance with the laws of the jurisdiction where the work is being performed, (b) Employer's comprehensive general liability insurance for both personal injury and property damage in the minimum amount of$1,000,000 for each accident, (c) Comprehensive business automobile liability insurance in the minimum amount of$1,000,000 combined single limit, (d) Comprehensive excess liability insurance with a combined minimum single limit of $1,000,000 for each occurrence, with a minimum $1,000,000 aggregate. Certificates of such insurance detailing the coverage therein shall be available to the other party upon execution of this Agreement. Neither party waives its immunities or defenses, whether statutory or common law by reason of the indemnification and insurance provisions contained in this Agreement. Section 22. This Agreement shall be in full force and effect for a period of three (3) years from the date of the last signature below, however it may be renewed upon agreement of the parties in writing. Page 8 of 10M Section 23. This Agreement may be amended only with written consent of all parties hereto. Section 24. Either party may terminate this Agreement by providing thirty (30) calendar days' advance written notice to the other party. However, any act of bad faith in the execution of duties under this Agreement shall result in immediate termination of the other parry's duties as laid out herein. For the purpose of this agreement, "bad faith" is an intentional dishonest act by not fulfilling legal or contractual obligations, misleading another, entering into an agreement without the intention or means to fulfill it, or violating basic standards of honesty in dealing with others. Also, the parties agree to provide prompt written notice within fifteen (15) calendar days to the other party if County Code Official Brian Holdiman's or City Building Code Official Pete Ratos' employment ceases for whatever reason. In such event, this Agreement shall immediately terminate upon receipt of said written notice. Section 25. The parties understand and agree that this Agreement in no way creates a joint employment relationship between the Parties. The Parties understand and agree that they are solely responsible for paying all wages, benefits and any other compensation due and owing to its employees for the performance of visiting inspector services set forth in this Agreement. The parties further understand and agree that the parties are solely responsible for making all required payroll deductions and other tax and wage withholdings pursuant to state and federal law for its employees who perform visiting inspector services as set forth in this Agreement. Section 26. Kendall County and the City each hereby warrant and represent that their respective signatures set forth below have been, and are on the date of this Agreement, duly authorized by all necessary and appropriate corporate and/or governmental action to execute this Agreement. Page 9 of 10M IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. County of Kendall, a unit of local government United City of Yorkville, Kendall County, of the State of Illinois Illinois, a municipal corporation By: By: Chair, Kendall County Board Mayor Attest: Attest: County Clerk City Clerk Page 10 of 100 Resolution No. 2013- A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL BUILDING INSPECTION SERVICES BETWEEN THE UNITED CITY OF YORKVILLE AND KENDALL COUNTY BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Intergovernmental Agreement for Reciprocal Building Inspections Services Between Kendall County, Illinois and Yorkville, Illinois, attached hereto and made a part hereof by reference as Exhibit A, is hereby approved, and Gary Golinski, Mayor, and Beth Warren, City Clerk, be and are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 52013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Resolution No. 2013- Page 1 Reviewed By: Agenda Item Number 4 ' �► Legal ❑ CA#4 Finance ❑ EST. -�` _ ti 1s36 Engineer ❑ �:--- g Tracking Number uJ City Administrator ❑ Chief of Police ■ PS 2013-12 El Agenda Item Summary Memo Title: Ordinance: Intergovernmental Agreement for the Purchase, Maintenance, and Use of a Van for the Kendall County Special Response Team Meeting and Date: City Council—May 16, 2013 Synopsis: This ordinance would allow the Kendall County SRT to purchase a van for the use as a SWAT vehicle. Our cost will not be over$7000.00, which is coming from our drug fund overseen by the Illinois State Police. The Oswego, Montgomery, Minooka, and Plainfield Police Departments are joining resources to purchase the vehicle. There are other donations being used from CPAT, CPAA, vehicle donation, and funds raised by SRT members. The vehicle is going to be housed, maintained, and insured by the Oswego Police Department. Funding for the insurance and maintenance is going to come from our yearly SRT fee paid to the Kendall County Chiefs of Police. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Rich Hart, Chief of Police Police Department Name Department Agenda Item Notes: AN INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE, MAINTENANCE AND USE OF A VAN FOR THE KENDALL COUNTY SPECIAL RESPONSE TEAM THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") by and between the United City of Yorkville ("Yorkville"), the Village of Oswego ("Oswego'), the Village of Plainfield ("Plainfield"), the Village of Minooka ("Minooka") and the Village of Montgomery ("Montgomery"), all Illinois municipal corporations (the "Municipalities") is as follows: WITNESSETH: WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law or by ordinance and may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and WHEREAS, the Municipalities are units of local government within the meaning of Article VII, Section 1 of the Illinois Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and WHEREAS, the Municipalities are jointly members of the Kendall County Special Response Team (SRT), established and governed under the Kendall County Chiefs of Police Association as a subcommittee of the association, for the purpose of providing a multi jurisdictional team to respond to and assist its members with additional policing services that each member would not be able to otherwise provide by itself; and, 1 WHEREAS, the SRT needs a van to be used by the SRT for responding with its member Municipalities and equipment to assist member Municipalities or as requested by other agencies; and, WHEREAS, Oswego has agreed to be the lead agency for the purchase and maintenance of the SRT van subject to the terms of this Agreement; and, WHEREAS, the Municipalities have agreed that all costs and expenses of the SRT van shall be divided among the Municipalities as provided in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein the Municipalities agree as follows: 1. The above recitals are incorporated herein by reference as though fully set forth herein. 2. The Municipalities agree to obtain mutual consent for the specifications and equipment of the SRT van. 3. Oswego agrees, upon approval of this Agreement and mutual consent of the specifications and equipment for the SRT van, to go out to bid with those specifications and with mutual consent of the Municipalities to award a contract to the lowest responsible bidder for the purchase of the SRT van. 4. Each Municipality shall be responsible for twenty-five percent (25%) of the purchase contract amount and for any equipment purchased for the SRT van except Minooka which shall be responsible only up to a maximum amount of seven thousand dollars ($7,000) for the initial purchase of the SRT van. Payments shall be paid to Oswego upon receipt and acceptance of the van or equipment within 30 days of receipt of an invoice from Oswego for such costs. 2 5. Each Municipality shall annually be responsible for payment of five hundred dollars ($500) for the annual insurance and maintenance costs. For purposes of accounting, the payments shall be made through the budget and funding process of the Kendall County Association of Chiefs of Police as long as said Association agrees. Should the Kendall County Association of Chiefs of Police fail or otherwise refuse to provide for this accounting process, the Municipalities shall develop a mutually agreeable alternative method for the budget and funding process. Funds not used in that fiscal year shall be escrowed for future insurance and maintenance costs. 6. The SRT van shall: A. Only be used for official SRT functions including training, emergency callouts, demonstrations, and other events as authorized by the SRT Committee. B. When not in use be stored at the Oswego Police Department or other location as designated by the SRT Committee. C. Be maintained by Oswego including but not limited to oil changes, annual services and other repairs. All maintenance costs shall be reimbursed from the Kendall County Association of Chiefs of Police budget as provided in Section 5 above. D. Shall not be taken out of the State of Illinois without the approval of the SRT Committee. E. Shall not be used without notification to the SRT Committee, except for normally scheduled training and emergency callouts. 3 7. Operation. The SRT Committee shall agree on a set of rules and regulations for the use and operation of the SRT van. Any use or operation in violation of those rules and regulations, by an employee, representative or agent of a member Municipality which results in any damage or cost, not covered by insurance, shall require the responsible member Municipality to pay for such cost, in full, within 45 days of receipt of an invoice from Oswego. Approved operation by the SRT resulting in damage or expense to the van shall be considered a maintenance cost. 8. Withdrawal of member. If a current Municipality withdraws from the SRT, it shall provide notice of not less than 60 days to all other member Municipalities. Withdrawal may only occur at the end of the fiscal year of the Kendall County Association of Chiefs of Police and the withdrawing Municipality shall pay its share of all maintenance costs through the end of that fiscal year. 9. Termination. If a majority of the municipal members decide to terminate the SRT or otherwise decide to sell the van at the end of any fiscal year, the van shall be sold and the proceeds equally divided among the then existing members. 10. Subject to insurance coverage, any liability, action, claim, judgment or award arising out of the sole fault or negligence of a member Municipality or its employee, representative, or agent of a member Municipality, shall be the responsibility of that member Municipality. In the event of joint or concurrent fault or negligence of member Municipalities, each shall bear that portion of the loss of expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties), which caused the injury or damage. The SRT Committee shall determine the proportional share of fault or 4 negligence. If all members of the SRT Committee cannot agree as to the proportional share, then the matter shall be resolved by submission to the circuit court of Kendall County or other mutually agreed upon methodology for settling the question of apportionment. This Agreement may be executed in several counterparts that shall be an original and shall constitute but one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the day and date last approved by all member Municipalities. United City of Yorkville, an Illinois Municipal Corporation By: Mayor Attest: Date: City Clerk Village of Oswego, an Illinois Municipal Corporation By: Village President Attest: Date: Village Clerk 5 Village of Plainfield, an Illinois Municipal Corporation By: Village President Attest: Date: Village Clerk Village of Minooka, an Illinois Municipal Corporation By: Village President Attest: Date: Village Clerk Village of Montgomery, an Illinois Municipal Corporation By: Village President Attest: Date: Village Clerk 6 Resolution No. 2013- A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR THE PURCHASE, MAINTENANCE AND USE OF A VAN FOR THE KENDALL COUNTY SPECIAL RESPONSE TEAM BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the Intergovernmental Agreement for the Purchase, Maintenance and Use of a Van for the Kendall County Special Response Team, attached hereto and made a part hereof by reference as Exhibit A, is hereby approved, and Gary Golinski, Mayor, and Beth Warren, City Clerk, be and are hereby authorized to execute said agreement on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 52013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Resolution No. 2013- Page 1 CfTy Reviewed By: X06 Legal ❑ Agenda Item Number Finance 0 CA#5 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number ' V.* Community Development ❑' PS 2013-13 Police ALE Public Works Agenda Item Summary Memo Title: Parking restrictions near Bristol Bay Regional Park Meeting and Date: City Council —May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 9, 2013 Subject: Bristol Bay Regional Park parking restriction LJILL E�% Summary An agenda item seeking approval for staff to send out letters to adjacent property owners informing them of the proposed parking restrictions, and informing them that the item will be discussed at the June Public Safety Committee meeting. Background This item was last discussed at the May Public Safety Committee meeting. At that meeting, the committee reviewed the attached materials and recommended the City proceed forward with the restriction as proposed. The next step in the process will be for the City to notify adjacent property owners of the proposed restrictions and informing them the item will be discussed at the June 6th Public Safety Committee meeting. After that meeting, the ordinance will proceed forward to the following City Council meeting. Recommendation Staff recommends approval of the motion to authorize staff to notify adjacent property owners informing them of the proposed parking restrictions, and informing them that the item will be discussed at the June Public Safety Committee meeting. Memorandum To: City Council EST. -�` Yid 1s36 From: Jeff Weckbach, Administrative Intern Bart Olson, City Administrator Date: April 24, 2013 C<wrMY Sad �LE ��'` Subject: Parking near Bristol Bay Regional Park Summary: A discussion related to off-street parking near Bristol Bay Regional Park(Bristol Bay 65). Background: This item was discussed at the April 4th Public Safety meeting. At that meeting it was expressed there were some concerns regarding parking on both sides of the street near Bristol Bay 65. Currently parking is allowed on both sides of the street and parking on both sides of the road prevents safe traffic flows in both directions. The proposed ordinance would restrict parking on the West/North side of Bertram Drive, the West side of Sarasota Avenue, and the North side of Pensacola Street from the hours of 5 P.M. to 9 P.M. Monday through Friday and 9 A.M. to 4 P.M. on Saturdays during the months of April, May, June, July, August, September, and October. Individuals would still be permitted to park on the eastern side of the street which would allow access to the park without having to cross the street. Also, with the current design of the road,parking on the west side of the street results in a driver's line of vision being impaired where the road bends. Recommendation: Past City Council process for approving new parking restrictions has involved the committee first endorsing the parking restrictions, then directing staff to send letters to surrounding property owners inviting them to a future meeting to ask questions about the proposed restrictions, and then the City Council considering the full ordinance. Staff recommends the Committee to endorse the parking restrictions and direct staff to send out letters inviting adjacent property owners to a future Public Safety Committee meeting. t *. Bristol Bay 4�1 ' f Ar Gardiner Ec. ■ H t -. B #( rz zi As a Ilk w Q c„ e Pensacola f CWT i wr v Legend E:1 Area of Restricted Parking 0 200 400 _ Feet DATE: Engineering Enterprises,Inc. United City of Yorkville APRIL 2013 9 9 a v BRISTOL BAY PARKING LOCATION MAP CONSULTING ENGINEERS 800 Game Farm Road PROJECT NO.: 52 wheeler Road Yorkville,IL 60560 Y01319 UNITED CITY OF YORKVILLE Sugar Grove,Illinois 60554 (630)553-4350 PATH: KENDALL COUNTY,ILLINOIS L* (630)466-6700/—eemeb.00n http://www.yorkville.il.us H:IGISIPUBLIC/YORKVILLE/2013/ NORTH NO. DATE REVISIONS FILE: Y01319-LOCATION.MXD UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGULATING ON-STREET PARKING Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of May, 2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on _' 2013. Ordinance No. 2013- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS REGULATING ON-STREET PARKING NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 6, Chapter 2, Section 2, of the United City of Yorkville Code of Ordinances is hereby amended by adding the following: 6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS: BERTRAM DRIVE A "no parking" zone shall be created on the west/north side of Bertram Drive from Bristol Bay Drive to Harrison Street, to be effective Monday through Friday, between the hours of 5:00 p.m. until 9:00 p.m. and Saturdays between the hours of 9:00 a.m. until 4:00 p.m. during the months of April, May, June, July, August, September, and October. SARASOTA AVENUE A "no parking" zone shall be created on the west side of Sarasota Avenue from Bertram Drive to Pensacola Street, to be effective Monday through Friday, between the hours of 5:00 p.m. until 9:00 p.m. and Saturdays between the hours of 9:00 a.m. until 4:00 p.m. during the months of April, May, June, July, August, September, and October. PENSACOLA STREET A "no parking" zone shall be created on the north side of Pensacola Street from Sarasota Avenue to Pleasant Court, to be effective Monday through Friday, between the hours of 5:00 p.m. until 9:00 p.m. and Saturdays between the hours of 9:00 a.m. until 4:00 p.m. during the months of April, May, June, July, August, September, and October. Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2013- Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 3 CIP Reviewed By: K 0 Legal ❑ Agenda Item Number 06 Finance CA#6 ESL -� 1836 Engineer ❑ City Administrator 0 � �� ; � y Human Resources ❑ Tracking Number � _© Community Development ❑ p�7�7 2013-14 Police Public Works Agenda Item Summary Memo Title: Parking restrictions on Marketplace Drive Meeting and Date: City Council —May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 9, 2013 Subject: Marketplace Drive parking restriction LJILL E�% Summary An agenda item seeking approval for staff to send out letters to adjacent property owners informing them of the proposed parking restrictions, and informing them that the item will be discussed at the June Public Safety Committee meeting. Background This item was last discussed at the May Public Safety Committee meeting. At that meeting, the committee reviewed the attached materials and recommended the City proceed forward with the restriction as proposed. The next step in the process will be for the City to notify adjacent property owners of the proposed restrictions and informing them the item will be discussed at the June 6th Public Safety Committee meeting. After that meeting, the ordinance will proceed forward to the following City Council meeting. Recommendation Staff recommends approval of the motion to authorize staff to notify adjacent property owners informing them of the proposed parking restrictions, and informing them that the item will be discussed at the June Public Safety Committee meeting. Memorandum To: City Council EST. -�` Yid 1s36 From: Jeff Weckbach, Administrative Intern Bart Olson, City Administrator Date: April 24, 2013 C<wrMY Sad �LE ��'` Subject: Parking Restrictions along Marketplace Drive Summary: A discussion related to off-street parking near Fox River Apartments on Marketplace Drive between US 34/East Veterans Parkway and McHugh Road. Background: This item was brought about due to a citizen concern that it is difficult to see parked cars on this street late at night near the Fox River Apartment Complex. Parking is currently permitted on both sides of this street and mostly occurs on the weekends or for a short period of time when parents wait for the bus to arrive to drop off their children during bad weather. The proposed ordinance would restrict parking on both sides of Marketplace Drive between US 34/East Veterans Parkway and McHugh Road at all times. With the current design of the road,parking on either side of the street causes a driver to have to move into the other lane in order to safely pass around the parked vehicle. Doing this would most likely cause an oncoming car to have to wait. With the amount of traffic on this road and the width being 31 feet in length, our staff feels there is not an adequate amount of space for parking to occur on either side. Recommendation: Past City Council process for approving new parking restrictions has involved the committee first endorsing the parking restrictions, then directing staff to send letters to surrounding property owners inviting them to a future meeting to ask questions about the proposed restrictions, and then the City Council considering the full ordinance. Staff recommends the Committee to endorse the parking restrictions and direct staff to send out letters inviting adjacent property owners to a future Public Safety Committee meeting. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS REGULATING ON-STREET PARKING Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of May, 2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on _' 2013. Ordinance No. 2013- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS REGULATING ON-STREET PARKING NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 6, Chapter 2, Section 2, of the United City of Yorkville Code of Ordinances is hereby amended by adding the following: 6-2-2: PARKING PROHIBITED ON DESIGNATED STREETS: MARKETPLACE DRIVE A "no parking" zone shall be created on both sides of Marketplace Drive from East Veterans Parkway/U.S. 34 to McHugh Road. Section 2. If any Section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 CIP Reviewed By: K 0 Legal Agenda Item Number 06 Finance CA#7 ESL -� 1836 Engineer City Administrator � �� ; � y Human Resources ❑ Tracking Number G �© Community Development EDC 2013-18 Police Public Works Agenda Item Summary Memo Title: Ordinance renaming a portion of Rosenwinkel Drive to Waterpark Way Meeting and Date: City Council—May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N /A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 2, 2013 Subject: Ordinance renaming Rosenwinkel Street to Waterpark Way LJILL E�% Summary Renaming the section of Rosenwinkel Street adjacent to Raging Waves as "Waterpark Way". Background With the success of the Boombah Blvd name, Raging Waves had approached the City with idea to rename the Rosenwinkel Street section adjacent to the waterpark as "Waterpark Way". The Mayor felt this was a creative idea and requested staff to place this on the Economic Development Committee agenda. A map of the section proposed to be renamed is attached. This renaming has no adverse impacts on any surrounding businesses or residents. We are keeping the section of Rosenwinkel Drive within the Bristol Bay subdivision as is. Raging Waves itself is the only established business along the renamed section of roadway, but their mailing address is based on their Route 47 frontage. After the ordinance is passed, it will be distributed to the various regional planning and public safety agencies and the street name will be updated accordingly. Recommendation Staff recommends approval of the attached ordinance. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2013- ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, RENAMING A PORTION OF ROSENWINKEL DRIVE TO WATERPARK WAY Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of May, 2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on 12013. Ordinance No. 2013- ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,RENAMING A PORTION OF ROSENWINKEL DRIVE TO WATERPARK WAY WHEREAS, the United City of Yorkville, Kendall County, Illinois, is a non-home-rule municipality pursuant to the Illinois Municipal Code and Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, Raging Waves, Illinois' Largest Waterpark, approached the City to request that the street name be changed from Rosenwinkel Drive to Waterpark Way adjacent to their facility; and, WHEREAS, the United City of Yorkville, promotes an environment conducive to the needs of a major business in the City and to assist them in efforts the City deems necessary; and WHEREAS, the City finds that no other businesses or property owners in the surrounding area will be adversely impacted or unduly burdened by this name change; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section I. That the foregoing preambles are hereby incorporated in this Ordinance as if fully restated herein. Section 2. That the street now known as "Rosenwinkel Drive"between Illinois Route 47 and the eastern terminus of the Raging Waves property, approximately 1,800 feet east of Illinois Route 47, is hereby renamed to"Waterpark Way". Section 3. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. Ordinance No.2013- Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Ordinance No.2013- Page 3 CfTy Reviewed By: X06 Legal Agenda Item Number Finance CA#8 EST. -� __ti 1838 Engineer ❑ City Administrator 0 : Human Resources ❑ Tracking Number 3! "V.* Cf Community Development 0 q'� Police ❑ EDC 2013-19 ALE Public Works ❑ Agenda Item Summary Memo Title: Kendall Crossing Development Agreement Meeting and Date: City Council—May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: D clr y Q Memorandum �` e To: City Council sr. 1836_ From: Bart Olson, City Administrator CC: 0 t �«. Date: May 2, 2013 4��2 Subject: Countryside TIF incentive agreement amendment LE Summary Approval of a development agreement with the Countryside/Kendall Crossing developer amending the timing of the $2 million TIF payout. Background This item was discussed at the April 9th City Council meeting under the FY 14 budget proposal. Per direction from the City Council, we have drafted an amended incentive agreement with the Kendall Crossing developer with a $1.8m payout at time of theater opening, with the remainder $200,000 to be paid from 50% of the amusement tax proceeds from the theater. The current City Council-approved agreement indicates that the initial payout is whatever is in the TIF fund at the time of theater-opening, with the difference between that number and $2 million being recovered over time from 50% of the amusement tax proceeds from the theater. As stated in the last few City Council discussions on this issue, the developer has requested this change for a few reasons. The proposed $1.8m upfront payout allows them to develop the remainder of the property faster. The developer has an incentive not to hold onto this money and instead use it to fill out the remaining lots in the de3velopment because of the other provisions of the incentive agreement; namely, that the business district sales tax goes back to the developer and covers the entire development. The more businesses that are open and operational, the more money the developer gets back over time. The developer has also requested this proposed change because $1.8m is the dollar amount in the TIF funds around the time the City entered into negotiations with the developer. He had expected that the amount would be slightly less due to the drawdown of interest and principal payments, but not to the level that they will eventually be by the time the movie theater opens. That amount is as follows: 1) $1.573 million if completed before June 1, 2013 2) $1.513 million if completed before December 1, 2013 3) $1.269 million if completed before June 1, 2014 4) $1.214 million if completed after June 1, 2014 The City budgeted for the proposed amended agreement in the FY 14 budget, so we are covered from a budgetary perspective. The other half of this agenda item involves the City's refinancing of the TIF bond. The material from the last meeting is attached. If the City Council approves the above developer request, it may be more advantageous to refinance. Recommendation Staff recommends approval of the attached amended incentive agreement, and seeks direction on the refinancing of the Countryside TIF bond. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR KENDALL CROSSING, YORKVILLE, ILLINOIS Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This day of May, 2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on , 2013. Ordinance No. 2013- AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR KENDALL CROSSING,YORKVILLE,ILLINOIS WHEREAS,by Ordinance No. 2005-10A, adopted by the Mayor and City Council of the United City of Yorkville (the "Corporate Authorities") on February 8, 2005, a Tax Increment Financing Redevelopment Project and Plan for the US Route 34 and Illinois Route 47 (Countryside Shopping Center) (hereinafter the "Redevelopment Plan") was approved, which Redevelopment Plan covered an area of approximately 19 acres of commercial property (the "Subject Property") which was improved with a retail shopping center in a serious state of disrepair and having a significant number of vacancies; and, WHEREAS, by Ordinance No. 2005-1OB and No. 2005-IOC adopted by the Corporate Authorities on February 15, 2005, the City designated the Subject Property as a "redevelopment project area" after a determination that it was a "blighted area" and, due to its eligibility, and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act(65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, after acquisition of the property and demolition of all structures on the Subject Property, a prior owner was unable to proceed with a redevelopment thereof and in 2010, after foreclosing on the Subject property, the current titleholder entered into a contract to convey the Subject Property to James G. Ratos of Yorkville, who has advised the City of his desire to develop the now vacant Subject Property on the condition that the City agrees to assist with the cost of acquisition of the Subject Property and other financial incentives as hereinafter set forth in order to make the redevelopment of the Subject Property economically viable; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1, et seq. (the "Code"), as from time to time amended, and, more specifically, Sec. 8-1-2.5 of the Code (the Ordiance No. 2013- Page 2 "Economic Development Act"), the Corporate Authorities are empowered to appropriate and expend funds for economic development purposes including the making of grants to any commercial enterprise as deemed necessary for the promotion of economic development; and, WHEREAS, the Developer has been advised that pursuant to Ordinance No. 2008-101, adopted November 25, 2008, and amended by Ordinance Number 2009-15, adopted March 24, 2009, the Corporate Authorities designated the Subject Property a "Business District" in accordance with the Business District Development and Redevelopment Law (65 ILCS 5111- 74.3 et seq.) (the "Business District Act") and adopted a development or redevelopment plan and imposed a one percent (1%) business district retailers' occupation tax and a one percent (1%) business district service occupation tax ("Business District Taxes") to pay business district project costs including the planning, execution and implementation of an approved business district plan; and, WHEREAS, the Developer has also requested that the Business District Taxes available to the City as a result of the adoption of the Business District Act, be used to reimburse the Developer for development costs as permitted by the Business District Act, and that a portion of the City's amusement tax of three percent (3%) be applied to the costs of site improvements at the Subject Property; and, WHEREAS, the City is prepared to assist the Developer as requested but only in accordance with the terms and conditions as set forth in the Development Agreement for Kendall Crossings of Yorkville attached hereto and made a part hereof. Ordiance No. 2013- Page 3 BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Development Agreement for Kendall Crossing, Yorkville, Illinois, by and between the City and James G. Ratos of Yorkville, Illinois, in the form attached hereto and made a part hereof, is approved and the Mayor and City Clerk are hereby authorized to execute said Development Agreement and the City Administrator is authorized to undertake such action as may be required to implement its terms. That Ordinance No. 2012-41 passed on October 23, 2012, approving a prior Development Agreement with James G. Ratos of Yorkville is hereby repealed and said prior Development Agreement is cancelled as never having been approved by this City Council. This Ordinance shall be in full force and effect immediately upon its passage by the Mayor and City Council and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2013. CHRIS FUNKHOUSER LARRY KOT CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI JOEL FRIEDERS ROSE SPEARS KEN KOCH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2013. Mayor Attest: City Clerk Ordiance No. 2013- Page 4 DEVELOPMENT AGREEMENT FOR KENDALL CROSSING,YORKVILLE,ILLINOIS THIS AGREEMENT dated as of the day of 2013, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") and James G. Ratos of Yorkville, Illinois (hereafter"Developer"). WITNESSETH: WHEREAS, by Ordinance No. 2005-10A, adopted by the Mayor and City Council of the City (the "Corporate Authorities") on February 8, 2005, a Tax Increment Financing Redevelopment Project and Plan for the US Route 34 and Illinois Route 47 (Countryside Shopping Center) (hereinafter the "Redevelopment Plan") was approved, which Redevelopment Plan covered an area of approximately 19 acres legally described on Exhibit A attached hereto and made a part hereof, the boundary of which is depicted on Exhibit B also attached hereto and made a part hereof, as of said date being improved as a commercial shopping center with approximately 158,000 square feet of retail space on approximately 17 acres of land owned by T- L Countryside LLC, a Delaware limited liability company (the "Prior Owner"), plus approximately two (2) acres of adjacent right of way within State Route 47 (the "Subject Property"); and, WHEREAS, by Ordinance No. 2005-1OB and No. 2005-IOC adopted by the Corporate Authorities on February 15, 2005, the City designated the Subject Property as a "redevelopment project area" and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the "Act"); and, WHEREAS, in order to induce the development of the Subject Property by the Prior Owner, the City issued tax exempt alternative revenue bonds in an amount which provided net proceeds of Three Million Dollars ($3,000,000) after funding for capitalized interest and payment of all bond issuance costs, which net proceeds were to be available to assist with the redevelopment of the Subject Property(the "Bond Proceeds"); and, WHEREAS, the Prior Owner proceeded with the redevelopment of the Subject Property and demolished all of the structures comprising the commercial shopping center located thereon but was unable to proceed any further due to the inability to find a commercial user in a declining economy; and, WHEREAS, the Prior Owner ultimately lost its ownership interest in the Subject Property to its mortgagee (the "Lender") after receiving $500,000 of reimbursement from the City from the Bond Proceeds for the cost of demolition; and, WHEREAS, after foreclosing on the Subject Property in 2010, the Lender has now entered into a contract to convey the Subject Property to the Developer and the Developer has advised the City of his desire to develop the now vacant Subject Property on the condition that the balance of the Bond Proceeds be used to assist with the cost of acquisition of the Subject Property and that the City grants other financial incentives as hereinafter set forth in order to make the redevelopment of the Subject Property economically viable; and, WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 511-1-1, et seq. (the "Code"), as from time to time amended, and, more specifically, Sec. 8-1-2.5 of the Code (the "Economic Development Act'), the Corporate Authorities are empowered to appropriate and expend funds for economic development purposes including the making of grants to any commercial enterprise as deemed necessary for the promotion of economic development; and, 2 WHEREAS, the Developer has been advised that pursuant to Ordinance No. 2008-101, adopted November 25, 2008, and amended by Ordinance Number 2009-15, adopted March 24, 2009, the Corporate Authorities designated the Subject Property a "Business District" in accordance with the Business District Development and Redevelopment Act (65 ILCS 5/11-74.3 et seq.) (the "Business District Act") and adopted a development or redevelopment plan and imposed a one percent (1%) business district retailers' occupation tax and a one percent (1%) business district service occupation tax ("Business District Taxes") to pay business district project costs including the planning, execution and implementation of an approved business district plan; and, WHEREAS, the Developer has requested: (i) the balance of the Bond Proceeds be used to assist with his cost to acquire the Subject Property; (ii)the Business District Taxes available to the City as a result of the Business District Act, be used to reimburse the Developer for development costs as permitted by the Business District Act; and, (iii) a portion of the City's amusement tax of three percent (3%) be applied to the costs of site improvements at the Subject Property; and, WHEREAS, the City is prepared to assist the Developer as requested but only in accordance with the terms and conditions hereinafter set forth and only after the City approves the plan for development because the City recognizes that the development of the Subject Property is of vital importance to the City given its strategic location near the intersection of two primary commercial corridors of the City. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: 3 Section 1. Preambles. The foregoing preambles are hereby incorporated into this Agreement as if fully restated in this Section 1. Section 2. Developer's Obligations. A. The Developer has filed a Planned Unit Development concept plan for the development of the Subject Property which provides for the construction of a new 38,500 square foot cinema complex covering approximately seven (7) acres of the Subject Property (the "Cinema Complex"), which shall be reviewed and shall require consideration of the following items: 1. Variance in required parking spaces from the required 662 to 418 spaces; 2. Need for one shade tree for every twenty (20) parking spaces in interior landscaped medians of 190 square feet; 3. Variance from the required 2 loading docks to one loading dock; 4. Authorization to vary from the Subdivision Control Ordinance and stormwater management requirements, subject to the review of final engineering plans and the recommendation(s) of the City Engineer.. B. On or before March 31, 2013, the Developer shall have amended the proposed plan to include all required changes and have received approval from the City of a Final Plat for a planned unit development and have been issued any and all required permits from the City and any other governmental agency having jurisdiction over the Subject Property to commence development of the Cinema Complex to house a ten (10) screen cinema and all site improvements, including, but not limited to, storm management, landscaping, parking lot, 4 lighting and walkways, as depicted on the approved Final Plat (collectively, hereinafter referred to as the "Project"). C. Simultaneously with the recordation of the Final Plat for the planned unit development, the Developer shall have deposited with the City security in the form of a letter of credit or performance bond in the amount as required by the City's Code of Ordinance to guarantee completion of all public improvements inclusive of a public improvement completion ("pic") schedule as required for all new subdivisions per the amended subdivision control ordinance at the Subject Property. D. On or before March 31, 2013, the Developer shall deliver to the City proof of the Developer's contract to convey the Cinema Complex to Neighborhood Cinema Group of Owosso, Michigan, who shall operate the ten(10) screen cinema(hereinafter"NCG"). E. On or before July 31, 2013, the Developer shall deliver proof of conveyance of the Cinema Complex to NCG who shall commence operation of the Cinema Complex with ten (10) screens on or before March 31, 2014. F. On or before December 31, 2013, the Developer shall have completed construction of the Project in accordance with all permits as issued in conjunction with the approved Final Plat for a planned unit development. G. On or before March 31, 2014, the Developer shall have been issued a certificate of occupancy from the City. Section 3. Obligations on the part of the City. A. Upon issuance of a certificate of occupancy for the Cinema Complex at the Subject Property, the City agrees to reimburse the Developer $2,000,000 for a portion of the cost 5 of acquisition of the Subject Property payable as follows: (i) $1,800,000; and (ii) the difference between said payment and $2,000,000, being $200,000, payable to the Developer from fifty percent (50%) of the three percent (3%) of the City's amusement tax receipts from the operation of the Cinema Complex at the Subject Property required to be collected by the operator of said amusement pursuant to Chapter 4, Article D of the City's Code of Ordinances (the "Amusement Tax"). Payments by the City shall be made in accordance with the procedures as set forth in Section IV of this Agreement. B. So long as no notice of an event of default has been issued to the Developer and remains outstanding, the City further agrees to reimburse the Developer for Business District Project Costs, as hereinafter defined, from the Business District Taxes generated from the Subject Property commencing with the date of issuance of a certificate of occupancy and terminating upon the termination of the designation of the Subject Property as a business district under the Business District Act. Payment by the City shall be made to the Developer in accordance with the procedures hereinafter set forth in Section IV. C. So long as no notice of an event of default has been issued by the City to the Developer and remains outstanding, the City shall rebate to the Developer fifty percent (50%) of the three percent (3%) of the Amusement Tax generated from the operation of the Cinema Complex at the Subject Property. Payments of fifty percent (50%) of the three percent (3%) Amusement Tax shall be paid to the Developer in accordance with the provisions of Section IV hereof commencing on the date of the issuance of a certificate of occupancy for the Cinema Complex and continue until the 10th anniversary of said date of occupancy. 6 D. For purposes of this Agreement, "Business District Projeet Costs" shall mean and include all costs defined as "business district project costs" in Section 11-74.3-5 of the Business District Act which are eligible for reimbursement under the Business District Act. The parties acknowledge that the determination of Business District Project Costs and qualification for reimbursement from Business District Taxes under this Agreement are subject to the Business District Act, all amendments to the Business District Act both before and after the date of this Agreement, and all administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Business District Project Costs. Section 4. Deposits and Disbursements from the Business District Tax Allocation Fund. A. In connection with the administration of the Subject Property designated as a "business district" under the Business District Act, the City has established the Business District Tax Allocation Fund (the `BDD Fund") into which the City shall deposit all Business District Taxes generated from the operation of any business located on the Subject Property for so long as the Subject Property remains designated as a business district and, for a period of ten (10) years commencing with the date of the issuance of a certificate of occupancy for the Cinema Complex on the Subject Property, fifty percent (50%) of the Amusement Tax generated from the Cinema Complex operating at the Subject Property which shall be used to reimburse the Developer for Business District Project costs in accordance with the procedures hereinafter set forth. B. To establish a right of reimbursement for Business District Project Costs under this Agreement the Developer shall submit to the City a written statement in the form attached to 7 this Agreement as Exhibit C (a "Request for Reimbursement') setting forth the amount of reimbursement requested and the specific Business District Project Costs for which reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers or other evidence as the City shall reasonably require to evidence that reimbursement requests shall include only such costs which are Business District Project Costs which have been incurred by the Developer in connection with the development of the approved Final Plat for the Subject Property, which Final Plat, from time to time, may be amended. The City Administrator shall have thirty (30) days after receipt of any Request for Reimbursement from the Developer to recommend to the City Finance Director approval or disapproval of such Request and, if disapproved, to provide the Developer, in writing and in detail, an explanation as to why the City is not prepared to recommend such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that (i) it is not an eligible Business District Project Cost under the Business District Act; (ii) inadequate documentation has been provided to substantiate such expenditure; or, (iii) it was not constructed and completed by the Developer in accordance with all applicable City Code requirements and the provisions of this Agreement, including, without limitation, all approved permits The parties acknowledge that the determination of Business District Project Costs and qualification for reimbursement under this Agreement are subject to the Business District Act, all amendments to the Act both before and after the date of this Agreement, and all administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Business District Project Costs. 8 C. Payments shall be made quarterly to the Developer from the BDD Fund, i.e., March 31, June 30, September 30 and December 31 of each year so long as this Agreement is in full force and effect. To the extent insufficient funds are available in the BDD Fund to pay the amount approved, any Business District Project Cost not reimbursed shall be reimbursed from future deposits to the BDD Fund and disbursed to the Developer with the next quarterly payment. D. In addition to the foregoing, the City shall further distribute to the Developer on a quarterly basis, so long as no notice of default has been issued to the Developer by the City and remains outstanding, fifty percent (50%) of the three percent (3%) Amusement Tax received by the City as a result of the operation of the Cinema Complex at the Subject Property. Payments of this fifty percent (50%) of the three percent (3%) shall be made until the difference between an amount equal to $2,000,000 and the amount of Bond Proceeds paid to the Developer upon issuance of the certificate of occupancy, shall have been disbursed to the Developer. Section 5. Undertakings on the Part of Developer. A. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to its operation including all real estate taxes assessed against the Subject Property or any other location in the City owned or controlled by the Developer. B. The Developer shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, claims, suits, liabilities,judgments, costs and expenses (including any liabilities,judgments, costs and expenses and reasonable attorney's fees) which may arise directly or indirectly from any third-party claims made against the City as 9 a result of the failure of the Developer or any contractor, subcontractor or agent or employee thereof(so long as such contractor, subcontractor or agent or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer or material men; from any default or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor or agent or employee thereof(so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials or employees in any such action, the Developer shall, at its own expense, satisfy and discharge the same. The paragraph shall not apply, and the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees or contractors. Section 6. Term. Unless earlier terminated pursuant to Section 18, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2031 (the "Termination Date"). Section 7. Verification of Sales Taxes. The Developer shall use its best efforts to cooperate with the City in obtaining certified copies of its reports to the Illinois Department of Revenue of all remittances of all sales and service taxes. Section 8. No Liability of City for Others for Developer's Expenses. The City shall have no obligation to pay costs of the Project or to make any payments to any person other than the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or 10 material man providing services or materials to the Developer for the development of the Project. The Developer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et seq., as may be required. Section 9. Time; Force Majeure. Time is of the essence of this Redevelopment Agreement, provided, however, a party shall not be deemed in material breach of this Redevelopment Agreement with respect to any obligations of this Redevelopment Agreement on such party's part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, weather conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party's agents, employees or invitees) or similar causes beyond the reasonable control of such party ("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. 11 Section 10. Assignment. This Redevelopment Agreement may not be assigned by the Developer without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 11. Waiver. Any party to this Redevelopment Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Redevelopment Agreement. Section 12. Severability. If any section, subsection, term or provision of this Redevelopment Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Redevelopment Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 13. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Redevelopment Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer: James G. Ratos 207 W Kendall Drive Yorkville, IL 60560 With a copy to: Daniel J. Kramer, Attorney I I 07 South Bridge Street Yorkville, IL 60560 12 To the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Attention: City Administrator With a copy to: Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Blvd., Suite 935 Chicago, Illinois 60604 Section 14. Successors in Interest. This Redevelopment Agreement shall be binding upon and inure to the benefit of the parties to this Redevelopment Agreement and their respective successors and assigns. Section 15. No Joint Venture, Agency or Partnership Created. Neither anything in this Redevelopment Agreement nor any acts of the parties to this Redevelopment Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. Section 16. Warranties and Covenants of the Developer. A. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be lawfully assessed including all real estate taxes assessed against the Subject Property or any other location in the City owned or controlled by the Developer. B. The Developer covenants and agrees that at all times it shall comply with all applicable zoning ordinances and regulations, building code, fire code and all other City ordinances, resolutions and regulations. 13 C. The Developer hereby covenants and agrees to comply with all applicable laws, rules and regulations of the State of Illinois, the United States and all agencies of each of them having jurisdiction over it. Section 17. No Discrimination — Construction. The Developer for himself and his successors and assigns agrees that in the construction of the improvements at the Subject Property provided for in this Redevelopment Agreement the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section 18. Remedies—Liability. A. If, in the City's judgment, the Developer is in material default of this Redevelopment Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer's part to fulfill its obligations under this Redevelopment Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in connection with such failure until thirty 14 (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceed with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. B. If the Developer materially fails to fulfill his obligations under this Redevelopment Agreement after notice is given by the City and any cure periods described in paragraph (a) above have expired, the City may elect to terminate this Redevelopment Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Redevelopment Agreement. If any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts, or the Developer makes an assignment for the benefit of its creditors, or a trustee or receiver is appointed for either one of the Developer or for the major part of the Developer's property, the City may elect, to the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is not required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Redevelopment Agreement under this Section, the City's sole obligation shall be to record, in the office of the Kendall County 15 Recorder, a Certificate of Default, executed by the Mayor of the City or such other person as shall be designated by the City, stating that this Redevelopment Agreement is terminated pursuant to the provisions of this Section, in which event this Redevelopment Agreement by virtue of the recording of such certificate, shall ipso facto automatically become null and void and of no further force and effect. C. If, in the Developer's judgment, the City is in material default of this Redevelopment Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Redevelopment Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty (30) days after giving such notice. If by its nature such default cannot reasonably be cured within such thirty(30) day period, such thirty(30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A default not cured as provided above shall constitute a breach of this Redevelopment Agreement. Any failure or delay by the Developer in asserting any of their rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. D. In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct or remedy any default, or to obtain any other remedy consistent with the purpose of this Redevelopment Agreement, either at law or in equity, 16 including, but not limited to the equitable remedy of an action for specific performance; provided, however, no recourse under or upon any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives or employees in any amount or in excess of any specific sum agreed to be paid by the City hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Redevelopment Agreement by the City. Notwithstanding the foregoing, in the event either party shall institute legal action against the other party because of a breach of any Redevelopment Agreement or obligation contained in this Redevelopment Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred in connection with such action. E. The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. Section 19. Amendment. This Redevelopment Agreement, and any exhibits attached to this Redevelopment Agreement, may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment, as provided by law, and by execution of said amendment by the parties or their successors in interest. Except 17 as otherwise expressly provided herein, this Redevelopment Agreement supersedes all prior Redevelopment Agreements, negotiations and discussions relative to the subject matter hereof. Section 20. Counterparts. This Redevelopment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment Agreement to be executed by their duly authorized officers on the above date at Yorkville, Illinois. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk James G. Ratos By: Attest: Secretary 18 Exhibit A Subject Property 19 Exhibit B Business District Boundaries 20 Exhibit C REQUEST FOR REIMBURSEMENT City of Yorkville Yorkville,Illinois 61490-9999 Re: Redevelopment Agreement dated ,by and among the City of Yorkville, an Illinois municipal corporation,and James G.Ratos(the"Developer") Dear Sir: You are requested to approve the disbursement of funds from the Sub-Account established by the City of Yorkville pursuant to the Agreement described above in the amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. 1. Request for Reimbursement No.: 2. Payment Due to: 3. Amount to be Disbursed: 4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to pay Redevelopment Project Costs as defined in the Agreement and as listed on the Schedule to this Request for Reimbursement. 5. The undersigned certifies that: (i) the amounts included in 3 above were made or incurred or financed and were necessary for the project and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (ii) the amounts paid or to be paid,as set forth in this Request for Reimbursement,represents a part of the funds due and payable for Business District Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Business District Project Costs identified in the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developer's books and are set forth on the attached Schedule, with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developers for his funds actually advanced for Business District Project Costs; (v) the amount of Business District Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developer pursuant to the Agreement,is not in excess of the items listed on Exhibit B; (vi) the Developer is not in default under the Agreement and nothing has occurred to the knowledge of the Developer that would prevent the performance of its obligations under the Agreement. 6. Attached to this Request for Reimbursement is Schedule# ,together with copies of invoices or bills of sale and Mechanic's Lien Waivers covering all items for which reimbursement is being requested. Date: By: James G.Ratos Date: By: APPROVED: City of Yorkville,an Illinois municipal corporation 21 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal ❑ Minutes #1 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2013-29 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the City Council—April 9, 2013 Meeting and Date: City Council —May 16, 2013 Synopsis: Approval of Minutes Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Beth Warren City Clerk Name Department Agenda Item Notes: 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 9,2013 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present(Called in.) Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren,Attorney Gardiner, City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Sanderson, Community Development Director Barksdale-Noble,Director of Park and Recreation Schraw, Building Code Official Ratos QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Monthly Treasurer's Reports for January and February 2013 (ADM 2013-10) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Spears; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—March 12,2013 (CC 2013-20) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for March 12,2013 as presented. So moved by Alderman Spears; seconded by Alderman Funkhouser. Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that bills for this period were $454,351.71. REPORTS MAYOR'S REPORT MFT Audit Report No. 61 for January 1,2011—December 31,2011 (CC 2013-21) Mayor Golinski entertained a motion to accept MFT audit report number 61. So moved by Alderman Colosimo; seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council—April 9,2013—Pale 2 of 3 Motion approved by a roll call vote. Ayes-8 Nays-0 Teeling-aye,Koch-aye, Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2013-19 Approving Second Amendment to the Redevelopment Agreement for the Downtown Yorkville Redevelopment Project Area(Imperial Investments,LLC) (EDC 2013-14) Mayor Golinski entertained a motion to approve an ordinance approving second amendment to the redevelopment agreement for the downtown Yorkville redevelopment project area(Imperial Investments, LLC) and authorize the Mayor and City Clerk to execute. So moved by Alderman Colosimo; seconded by Alderman Milschewski. Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain-1 Koch-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-abstain,Milschewski-aye, Teeling-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Bond Refinancing—Library 2005B (ADM 2013-12) City Administrator Olson stated the result of this bond refinancing is that it doesn't save the City as much money as the City had hoped but it still saves the City money over what the current bond is. Bond Refinancing—Countryside TIF (ADM 2013-12) City Administrator Olson was looking for direction on the bond refinancing in whether the City should continue to proceed forward with a Countryside TIF financing analysis or to stop.He said the City is adding years,adding interest, and adding cost fund. The idea was that this would save the City money in the short term while the property is still developing. Mayor Golinski asked if this should go back to committee. City Administrator Olson stated the developers requested that it goes to EDC. Mayor Golinski entertained a motion to direct the Countryside TIF Bond Refinancing to the EDC meeting on May 7,2013. So moved by Alderman Milschewski; seconded by Alderman Koch. Motion approved unanimously by a viva voce vote. PARK BOARD No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT School Board Alderman Funkhouser reported the school board committee of a whole denied the charter school. The charter school has informed the district that they would appeal. Library Board Meeting Alderman Colosimo reported the Library Board was aware that the Council had approved the additional $21,000 for funding next year. He made it clear to the Library Board that the Council gave funding to The Minutes of the Regular Meeting of the City Council—April 9,2013—Page 3 of 3 them as a courtesy based on former agreements. Alderman Colosimo made certain the Library Board understood this is the cut off and there would be no more money allocated to them. The Library Board understand that extra money will not be coming to them next year. He also relayed the message that some residents are concerned the library is not open on Sunday. The Library Board began discussing alternatives of how they can manage the hours to be open on Sunday. Library Trivia Night Mayor Golinski stated the library is having a trivia night on Saturday April 13,2013 at 6:00.He would like the City Council to be represented with a team at trivia night. STAFF REPORT Tax Dodge 5/10K Run At The Rec Center City Administrator Olson stated the Tax Dodge 5/1OK Run is on Sunday April 14,2013 at 8:30. White Goods Pickup City Administrator Olson stated that white goods pickup week is this upcoming week. IDOT Route 47 Updates City Administrator Olson said there is a meeting scheduled with IDOT to discuss Route 47 updates. MAYOR'S REPORT (cont'd): Ordinance 2013-20 Approving the 2013-2014 Fiscal Budget (CC 2013-12) Mayor Golinski entertained a motion to approve the ordinance approving the 2013-2014 fiscal budget for the United City of Yorkville,incorporating budget adjustments#1 through#11 and authorize the Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Spears. Alderman Colosimo asked how the City is handling the TIF issue and if the City is budgeting for the worst case scenario. City Administrator Olson said the City is budgeting for the worst case scenario for the next five years. Motion approved by a roll call vote. Ayes-7 Nays-1 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-nay,Koch-aye,Kot-aye,Munns-aye ADDITIONAL BUSINESS SSA Bond Mayor Golinski said the City is going to be bringing forward an ordinance at the next City Council meeting to refinance the Raintree unit 1 SSA bonds. EXECUTIVE SESSION Mayor Golinski entertained a motion to go into Executive Session for the purpose of 1. For litigation. 2. For collective negotiating matters. So moved by Alderman Milschewski; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Milschewski-aye, Colosimo-aye,Kot-aye, Teeling-aye,Koch-aye,Funkhouser-aye,Munns-aye The City Council entered Executive Session at 7:22 p.m. The City Council returned to regular session at 8:29 p.m. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Kot; seconded by Alderman Koch. Adjournment of the meeting was unanimously approved by a viva voce vote. Meeting adjourned at 8:30 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal ❑ Minutes #2 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2013-30 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Minutes of the City Council—April 23, 2013 Meeting and Date: City Council —May 16, 2013 Synopsis: Approval of Minutes Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Beth Warren City Clerk Name Department Agenda Item Notes: 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 23,2013 Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Warren called the roll. Ward I Koch Present Colosimo Present Ward II Milschewski Present Kot Present Ward III Munns Present Funkhouser Present Ward IV Spears Present Teeling Present Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson,Police Chief Hart,Deputy Chief of Police Hilt,Public Works Director Dhuse,Finance Director Fredrickson,EEI Engineer Sanderson, Community Development Director Barksdale-Noble,Administrative Intern Weckbach QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS 1. PC 2013-03 Veterans Way, LLC,Petitioner,has filed an application with the United City of Yorkville,Kendall County,Illinois,requesting a major amendment the Second Amendment to the Heartland Subdivision Annexation and Planned Unit Development dated January 11,2005 related to the Heartland Business Center to permit the placement of an additional ten foot by sixteen foot (10'x16') sign with eleven(11)tenant sign panels within a driveway median of the subject property. The real property consists of approximately 5.1 acres of the common area located generally south of U.S. Route 34;west of McHugh Road; and north of Heartland Drive at 728 E. Veterans Parkway,Yorkville, Illinois. Mayor Golinski stated that the petitioner asked to withdraw the public hearing. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Authorization to Dispose of Vehicle—authorize Police Department to dispose of 2002 Chevrolet Silverado (PS 2013-06) 2. LeadsOnline Proposal—authorize Police Department to subscribe to the LeadsOnline TotalTrack system in the amount of$2,238 per year(PS 2013-07) 3. Ordinance 2013-21 Amending City Liquor Code Regarding Catering Licenses—authorize Mayor and City Clerk to execute (PS 2013-09) 4. Ordinance 2013-22 Amending City Liquor Code Regarding Events on City Property—authorize Mayor and City Clerk to execute (PS 2013-10) 5. Water Department Reports for January and February 2013 (PW 2013-13) 6. River Road Bridge Authorization of Contract Changes Nos. 4A, 6A, and 7—authorize City Administrator to execute(PW 2013-14) 7. EEI Engineering Agreement for Road to Better Roads FY 14—authorize Mayor and City Clerk to execute (PW 2013-15) 8. EEI Engineering Agreement for Bristol Avenue Water Main Improvements—authorize Mayor and City Clerk to execute(PW 2013-16) 9. Old Jail Parking Lot Construction(PW 2013-17) a. EEI Amendment No. 2 to Preliminary Engineering Services Agreement—authorize Mayor and City Clerk to execute The Minutes of the Regular Meeting of the City Council—April 23,2013—Page 2 of 4 b. EEI Construction Engineering Services Agreement—authorize Mayor and City Clerk to execute 10. Resolution 2013-09 Establishing a Stormwater Management Program Fee-in-Lieu Schedule— authorize Mayor and City Clerk to execute(PW 2013-18) Mayor Golinski entertained a motion to approve the consent agenda as presented. So moved by Alderman Colosimo; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Milschewski-aye, Spears-aye,Munns-aye, Funkhouser-aye,Koch-aye, Teeling-aye,Kot-aye MINUTES FOR APPROVAL 1. Minutes of the City Council—March 26,2013 (CC 2013-22) Mayor Golinski entertained a motion to approve the minutes of the regular City Council meeting for March 26,2013 as presented. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Minutes approved unanimously by a viva voce vote. BILLS FOR PAYMENT Mayor Golinski stated that bills for this period were $724,546.01. REPORTS MAYOR'S REPORT Proclamation for Motorcycle Awareness Month (CC 2013-23) Mayor Golinski read a proclamation for motorcycle awareness month. (See attached.) Proclamation for Poppy Days (CC 2013-24) Mayor Golinski read the Poppy Days proclamation and presented it to Cheryl Manning from the American Legion Auxiliary. Cheryl Manning thanked Mayor Golinski for reading the proclamation on behalf of the American Legion Auxiliary. She pinned a poppy on Mayor Golinski. (See attached.) ICC Agreement for Railroad Improvements at Mill Road and Kennedy Road (CC 2013-25) Mayor Golinski entertained a motion to approve the Illinois commerce commission stipulated agreement 1704 executed by commission staff on January 7,2013 concerning renewal of the BNSF Railway Company highway-rail crossing surfaces at Mill Road in Yorkville and Kennedy Road in Yorkville and authorize the Mayor and City Clerk to execute. So moved by Alderman Funkhouser; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye, Koch-aye,Kot-aye,Munns-aye, Spears-aye FY14 Benefit Insurance Program Renewal—Dental and Life Insurance (CC 2013-26) Mayor Golinski entertained a motion to authorize staff to cancel the contract with Blue Cross Blue Shield for dental insurance and approve a contract with Guardian for dental insurance,effective May 1, 2013. So moved by Alderman Munns; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye, Kot-aye,Munns-aye, Spears-aye, Colosimo-aye Library Bond Ordinances (CC 2013-27) Ordinance 2013-23 Authorizing and Providing for the Issuance of an Aggregate$6,755,000 General Obligation Library Refunding Bonds, Series 2013,by and for the United City of Yorkville,Kendall County,Illinois,and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on Said Bonds Mayor Golinski entertained a motion to approve an ordinance authorizing and providing for the issuance of an aggregate $6,755,000 general obligation library refunding bonds, series 2013,by and for the United City of Yorkville,Kendall County,Illinois, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears; seconded by Alderman Milschewski. The Minutes of the Regular Meeting of the City Council—April 23,2013—Page 3 of 4 City Attorney Orr stated the actual amount to be issued is $6,625,000. As accustomed with a general obligation bond,what is being presented are the interest rates and the maturity rates. The closing occurs on May 9th at which time the new bond would be escrowed. City Administrator Olson addressed the savings by doing this refunding. The final number is about$36,000 per year. This is an overall savings. Alderman Colosimo, City Administrator Olson,Finance Director Fredrickson, and City Attorney Orr discussed the payments of the bonds. Motion approved by a roll call vote. Ayes-8 Nays-0 Kot-aye,Munns-aye, Spears-aye, Colosimo-aye, Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye Ordinance 2013-24 Abating Taxes Levied by an Ordinance Adopted by the City Council of the United City of Yorkville,Kendall County,Illinois,Providing for the Issuance of General Obligation Library Bonds,Series 2005B,of the City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal of and Interest on Said Bond Mayor Golinski entertained a motion to approve an ordinance abating taxes levied by an ordinance adopted by the City Council of the United City of Yorkville,Kendall County, Illinois,providing for the issuance of General Obligation Library Bonds, Series 2005B, of the City, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds and authorize the Mayor and City Clerk to Execute. So moved by Alderman Milschewski; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye, Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye Ordinance 2013-25 Providing for Issuance of United City of Yorkville,Kendall County, Illinois Special Service Area Number 2003-100 Special Tax Refunding Bonds,Series 2013 (Raintree Village Project (CC 2013-28) Mayor Golinski entertained a motion to approve an ordinance providing for issuance of United City of Yorkville,Kendall County,Illinois special service area number 2003-100 special tax refunding bonds, series 2013 (Raintree Village project)and authorize the Mayor and City Clerk to execute. So moved by Alderman Spears; seconded by Alderman Funkhouser. Mayor Golinski said this will provide relief for Raintree Village residents in the form of $180 per year. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye,Kot-aye,Munns-aye, Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye,Teeling-aye PUBLIC WORKS COMMITTEE REPORT Tractor and Mower Purchase (PW 2013-19) Alderman Teeling entertained a motion to authorize staff to purchase a new tractor from DeKane Equipment Company in an amount not to exceed$40,000 and to purchase a new mower from Union Hill Sales and Service in an amount not to exceed$12,000. So moved by Alderman Koch; seconded by Alderman Kot. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Colosimo-aye,Funkhouser-aye,Milschewski-aye, Teeling-aye,Koch-aye,Kot-aye,Munns-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Kendall Marketplace/Rob Roy Falls/City Land Swap Proposal (EDC 2013-13) City Administrator Olson explained the land swap proposal that the EDC endorsed. Mayor Golinski said it is a win,win situation. Alderman Colosimo suggested the City waits until all three parties have ownership of the property to actually do the transaction. Mayor Golinski stated that is the plan. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD The Minutes of the Regular Meeting of the City Council—April 23,2013—Page 4 of 4 No report. PLAN COMMISSION No report. ZONING BOARD OF APPEALS No report. CITY COUNCIL REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. COMMUNITY& LIAISON REPORT Dinner With House Minority Leader Tom Cross Mayor Golinski is having dinner with Tom Cross. Mayor Golinski will be discussing Route 47 funding. Flooding Issues Alderman Koch addressed flooding. Mayor Golinski asked City Administrator Olson if he had been in contact with the State and if so,what does that means as far as federal or State aid. City Administrator Olson said the existing disaster declaration for the State means it is allowed to forgo its usual procurement rules to assist a county in an emergency. Kendall County is waiting for a federal disaster declaration. Alderman Spears asked City Administrator Olson if he contacted the Red Cross or Salvation Army. He stated the Kendall County Emergency Management administrator contacted him. The Red Cross had donated all the cleanup kits to the county.Yorkville will be getting thirty of them. Residents can go to the county or contact the City to receive them. Alderman Kot praised the Public Works department. Advanced Disposal Mayor Golinski thought that Advanced Disposal did a great job in picking up citizen's items without any complaint. Trivia Night Mayor Golinski stated there was a good turnout for trivia night and it was a nice fundraiser. Baseball With The Mayor Mayor Golinski stated baseball with the Mayor was rescheduled for Monday April 29, 2013 at Raintree Village Park B from 5:30 to 7:00. He hopes the local press will get it in the paper. STAFF REPORT No report. ADDITIONAL BUSINESS City Council Meeting Date Change Mayor Golinski discussed the City Council meeting date being changed to Thursday May 16, 2013. This was due to several Council members wanting to go to Springfield,IL to lobby on behalf of the City. Flooding Issues Alderman Koch and Alderman Colosimo discussed the flooding issues in the Sunflower subdivision. EXECUTIVE SESSION None. CITIZEN COMMENTS None. ADJOURNMENT Mayor Golinski announced meeting adjourned. Meeting adjourned at 7:30 p.m. Minutes submitted by: Beth Warren, City Clerk, City of Yorkville, Illinois 0 CIP Reviewed By: Agenda Item Number d J $ •n Legal : Bills for Payment Finance ESL -� 1836 Engineer ❑ -_� City Administrator ❑ Tracking Number .4 City y Human Resources E]� wn sw �© Community Development ❑ Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Bills for Payment (Informational): $533,897.69 Meeting and Date: City Council —May 16, 203 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None—Informational Council Action Requested: Submitted by: Amy Simmons Finance Name Department Agenda Item Notes: DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515274 AACVB AURORA AREA CONVENTION 033113-ALL 04/18/13 01 ADMIN SERVICES-MARCH 13 ALL 01-640-54-00-5481 13.82 02 SEASONS HOTEL TAX ** COMMENT ** INVOICE TOTAL: 13.82 * 033113-HAMPTON 04/23/13 01 ADMIN SERVICES-MARCH 2013 01-640-54-00-5481 2,226.27 02 HAMPTON INN HOTEL TAX ** COMMENT ** INVOICE TOTAL: 2,226.27 * 033113-SUPER 04/23/13 01 ADMIN SERVICES-MARCH 2013 01-640-54-00-5481 685.11 02 SUPER 8 HOTEL TAX ** COMMENT ** INVOICE TOTAL: 685.11 * CHECK TOTAL: 2,925.20 515275 AACVB AURORA AREA CONVENTION ANN-30 03/07/13 01 ADMIN-ANNUAL MEETING DINNER 01-110-54-00-5415 30.00 INVOICE TOTAL: 30.00 * CHECK TOTAL: 30.00 515276 ADVANDIS ADVANCED DISPOSAL-BATAVIA-TO T00000895765 03/31/13 01 HEALTH & SANITATION-MARCH 01-540-54-00-5441 10, 738.80 02 SENIOR SUBSIDY ** COMMENT ** 03 HEALTH & SANITATION-MARCH 01-540-54-00-5442 78, 745.50 04 SERVICE ** COMMENT ** INVOICE TOTAL: 89,484.30 CHECK TOTAL: 89,484.30 515277 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0455504-IN 04/08/13 01 STREETS-PHOTOCONTROL, LAMPS, 01-410-56-00-5640 270.72 1 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515277 AMPERAGE AMPERAGE ELECTRICAL SUPPLY INC 0455504-IN 04/08/13 02 BALLAST KIT ** COMMENT ** INVOICE TOTAL: 270.72 * 0456116-IN 04/12/13 01 STREETS-PHOTOCONTROL 01-410-56-00-5640 185.02 INVOICE TOTAL: 185.02 * CHECK TOTAL: 455.74 515278 ARAMARK ARAMARK UNIFORM SERVICES 610-7997943 04/16/13 01 STREETS-UNIFORMS 01-410-56-00-5600 23.22 02 WATER OP-UNIFORMS 51-510-56-00-5600 23.22 03 SEWER OP-UNIFORMS 52-520-56-00-5600 23.23 INVOICE TOTAL: 69.67 * 610-8007690 04/23/13 01 STREETS-UNIFORMS 01-410-56-00-5600 50.92 02 WATER OP-UNIFORMS 51-510-56-00-5600 50.93 03 SEWER OP-UNIFORMS 52-520-56-00-5600 50.93 INVOICE TOTAL: 152.78 * CHECK TOTAL: 222.45 515279 ATTINTER AT&T INTERNET SERVICES 842804266-8-0413 04/09/13 01 ADMIN-T.1 SERVICE 01-110-54-00-5440 968.79 INVOICE TOTAL: 968.79 * CHECK TOTAL: 968.79 515280 AUTOSMAR AUTOSMART, INC 1067 04/24/13 01 PD CAPITAL-MARKETING DEPOSIT 20-200-54-00-5462 250.00 INVOICE TOTAL: 250.00 * CHECK TOTAL: 250.00 2 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515281 AUTOZONE AUTO ZONE, iNC. 2247495094 04/25/13 01 STREETS-RUBBERIZED UNDERCOAT 01-410-56-00-5640 29.94 INVOICE TOTAL: 29.94 CHECK TOTAL: 29.94 515282 BEHRD DAVID BEHRENS 050113 05/01/13 01 SEWER OP-APRIL 2013 MOBILE 52-520-54-00-5440 45.00 02 EMAIL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 515283 BPAMOCO BP AMOCO OIL COMPANY 37803545-PD 04/24/13 01 POLICE-GASOLINE 01-210-56-00-5695 301.91 INVOICE TOTAL: 301.91 CHECK TOTAL: 301.91 515284 CAMBRIA CAMBRIA SALES COMPANY INC. 33615 04/11/13 01 SEWER OP-TOILET TISSUE 52-520-56-00-5620 56.67 INVOICE TOTAL: 56.67 * 33634 04/16/13 01 ADMIN-TOILET TISSUE, PAPER 01-110-56-00-5610 132.00 02 TOWEL, GARBAGE BAGS ** COMMENT ** INVOICE TOTAL: 132.00 * CHECK TOTAL: 188.67 515285 CARGILL CARGILL, INC 2901078661 04/05/13 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2, 715.02 INVOICE TOTAL: 2, 715.02 * 3 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515285 CARGILL CARGILL, INC 2901095382 04/17/13 01 WATER OP-BULK ROCK SALT 51-510-56-00-5638 2,685.76 INVOICE TOTAL: 2,685.76 CHECK TOTAL: 5,400.78 515286 CHIINTRK CHICAGO INTERNATIONAL TRUCKS 17016791 04/16/13 01 STREETS-FILTER 01-410-54-00-5495 441.66 INVOICE TOTAL: 441.66 * CHECK TOTAL: 441.66 515287 COMED COMMONWEALTH EDISON 6963019021-0413 04/15/13 01 STREETS-LIGHTS 01-410-54-00-5480 18.03 INVOICE TOTAL: 18.03 * 7090039005-0313 04/10/13 01 STREETS-LIGHTS 01-410-54-00-5480 19.63 INVOICE TOTAL: 19.63 * 8344010026-0413 04/23/13 01 STREETS-LIGHTS 01-410-54-00-5480 344.21 INVOICE TOTAL: 344.21 * CHECK TOTAL: 381.87 515288 CONSTELL CONSTELLATION NEW ENERGY 0009822231 04/24/13 01 WATER OP-3299 LEHMAN CROSSING 51-510-54-00-5480 3,330.23 INVOICE TOTAL: 3,330.23 * 0009826329 04/24/13 01 STREETS-421 POPLAR DR 01-410-54-00-5480 3,541.13 INVOICE TOTAL: 3,541.13 * 0009826331 04/24/13 01 SEWER OP-WELLS 52-520-54-00-5480 659.70 INVOICE TOTAL: 659.70 * CHECK TOTAL: 7,531.06 4 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515289 DEPO DEPO COURT REPORTING SVC, INC 15748 03/08/13 01 POLICE-FEB. 20, 27 & MARCH 6 01-210-54-00-5467 525.00 02 ADMIN MEETINGS ** COMMENT ** INVOICE TOTAL: 525.00 * 15773 04/07/13 01 POLICE-MARCH 13, 20 & 27 ADMIN 01-210-54-00-5467 525.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 525.00 * CHECK TOTAL: 1,050.00 515290 EEI ENGINEERING ENTERPRISES, INC. 11 04/17/13 01 CW CAPITAL-RIVER ROAD BRIDGE 23-230-60-00-6075 21,830.19 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 21,830.19 * 5-041713 04/17/13 01 CITY WIDE CAPITAL-KENNEDY ROAD 23-230-60-00-6094 1,853.31 02 BIKE PATH ** COMMENT ** INVOICE TOTAL: 1,853.31 * 52470 04/18/13 01 ADMIN SERVICES-CENTRAL RT.47 01-640-54-00-5465 417.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 417.50 * 52471 04/18/13 01 ADMIN SERVICES-GAME FARM / 01-640-54-00-5465 334.00 02 SOMONAUK IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 334.00 * 52472 04/18/13 01 ADMIN SERVICES-OVERWEIGHT 01-640-54-00-5465 248.50 02 TRUCK PERMITS ** COMMENT ** INVOICE TOTAL: 248.50 * 52473 04/18/13 01 CITY-WIDE CAPITAL-PAVEMENT 23-230-54-00-5462 4,180.00 02 MANAGEMENT SYSTEM ** COMMENT ** INVOICE TOTAL: 4,180.00 * 5 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515290 EEI ENGINEERING ENTERPRISES, INC. 52474 04/18/13 01 ADMIN SERVICES-KENDALL 01-640-54-00-5465 334.00 02 MARKETPLACE IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 334.00 * 52475 04/18/13 01 ADMIN SERVICES-AUTUMN CREEK - 01-640-54-00-5465 103.00 02 UNIT 1 RESUBDIVISION ** COMMENT ** INVOICE TOTAL: 103.00 * 52476 04/18/13 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 530.00 INVOICE TOTAL: 530.00 * 52477 04/18/13 01 ADMIN SERVICES-UTILITY PERMIT 01-640-54-00-5465 242.00 02 REVIEWS ** COMMENT ** INVOICE TOTAL: 242.00 * 52478 04/18/13 01 ADMIN SERVICES-MUNICIPAL 01-640-54-00-5465 1,900.00 02 ENGINEERING SERVICES ** COMMENT ** INVOICE TOTAL: 1,900.00 * 52479 04/18/13 01 ADMIN SERVICES-AUTUMN CREEK, 01-640-54-00-5465 7,241.50 02 UNIT 2A ** COMMENT ** INVOICE TOTAL: 7,241.50 * 52480 04/18/13 01 ADMIN SERVICES-AUTUMN CREEK 01-640-54-00-5465 19.50 02 UNIT 2B ** COMMENT ** INVOICE TOTAL: 19.50 * 52482 04/18/13 01 DOWNTOWN TIF-SITE REMEDIATION 88-880-60-00-6000 4,967.00 INVOICE TOTAL: 4,967.00 * 52485 04/18/13 01 ADMIN SERVICES-KENNEDY AND 01-640-54-00-5465 639.75 02 MILL ROAD COST ESTIMATES ** COMMENT ** INVOICE TOTAL: 639.75 * 52486 04/18/13 01 ADMIN SERVICES-LOT 2, UNIT 2, 01-640-54-00-5465 302.50 6 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515290 EEI ENGINEERING ENTERPRISES, INC. 52486 04/18/13 02 FOX INDUSTRIAL PARK SITE PLAN ** COMMENT ** INVOICE TOTAL: 302.50 * 52487 04/18/13 01 ADMIN SERVICES-CITY OF 01-640-54-00-5465 1,314.50 02 YORKVILLE GENERAL WORK ** COMMENT ** INVOICE TOTAL: 1,314.50 * 52488 04/18/13 01 ADMIN SERVICES-PRAIRIE GARDEN 01-640-54-00-5465 408.00 02 SUBDIVISION-RESUB LOT 4 ** COMMENT ** INVOICE TOTAL: 408.00 * 52489 04/18/13 01 DOWNTOWN TIF-HYDRAULIC AVE. 88-880-60-00-6000 4,146.50 02 EXTENSION TO RIVERFRONT ** COMMENT ** 03 PARKING LOT ** COMMENT ** INVOICE TOTAL: 4,146.50 * 52490 04/18/13 01 ADMIN SERVICES-SMOKEYS SITE 01-640-54-00-5465 83.50 02 IMPROVEMENTS ** COMMENT ** INVOICE TOTAL: 83.50 * 52491 04/18/13 01 ADMIN SERVICES-WATER ATLAS 01-640-54-00-5465 1,907.00 02 MAP UPDATES ** COMMENT ** INVOICE TOTAL: 1,907.00 * 52492 04/18/13 01 ADMIN SERVICES-PRESTWICK - 01-640-54-00-5465 250.50 02 UNIT 2 ** COMMENT ** INVOICE TOTAL: 250.50 * CHECK TOTAL: 53,252.75 515291 ENVPROD ENVIONMENTAL PRODUCTS & ACCESS 208459 04/10/13 01 SEWER OP-TIGER TAIL WITH ROPE, 52-520-56-00-5620 45.90 02 CLAMP AND CUFFS ** COMMENT ** INVOICE TOTAL: 45.90 CHECK TOTAL: 45.90 7 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515292 FARREN FARREN HEATING & COOLING 1093A 04/16/13 01 DOWNTOWN TIF-HVAC UNIT AT ARC 88-880-60-00-6000 3,988.00 02 BUILDING ** COMMENT ** INVOICE TOTAL: 3,988.00 CHECK TOTAL: 3,988.00 515293 FARREN FARREN HEATING & COOLING 1093B 04/16/13 01 DOWNTOWN TIF-HVAC UNIT AT ARC 88-880-60-00-6000 3,988.00 02 BUILDING ** COMMENT ** INVOICE TOTAL: 3,988.00 CHECK TOTAL: 3,988.00 515294 FEDEX FEDEX 2-250-88407 04/24/13 01 ADMIN-1 PKG TO DEPT. OF 01-110-54-00-5452 56.35 02 REVENUE FOR DOWNTOWN BUS. DIST ** COMMENT ** 03 1 PKG TO ATTY FOR WHISPERING ** COMMENT ** 04 MEADOWS DISCOVERY ** COMMENT ** INVOICE TOTAL: 56.35 CHECK TOTAL: 56.35 515295 FLATSOS RAQUEL HERRERA 041513 04/15/13 01 WATER OP-NEW TIRE, MOUNT & 51-510-54-00-5495 170.00 02 BALANCE ** COMMENT ** INVOICE TOTAL: 170.00 CHECK TOTAL: 170.00 515296 FOXVALLE FOX VALLEY TROPHY & AWARDS 29565 04/23/13 01 ADMIN-ENGRAVED PLAQUE 01-110-56-00-5610 25.00 INVOICE TOTAL: 25.00 CHECK TOTAL: 25.00 8 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515297 FOXVALSA FOX VALLEY SANDBLASTING 20068 04/24/13 01 STREETS-SANDBLAST AND REPAINT 01-410-54-00-5495 1,515.00 02 DUMP TRUCK ** COMMENT ** INVOICE TOTAL: 1,515.00 CHECK TOTAL: 1,515.00 515298 FREDRICR ROB FREDRICKSON 050113 05/01/13 01 FINANCE-APRIL 2013 MOBILE 01-120-54-00-5440 45.00 02 EMAIL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 515299 GARDKOCH GARDINER KOCH & WEISBERG H-1961C-91070 04/03/13 01 ADMIN SERVICES-KENDALL MARKET 01-640-54-00-5461 40.00 02 PLACE ** COMMENT ** INVOICE TOTAL: 40.00 H-2364C-91153 04/03/13 01 ADMIN SERVICES-KIMBALL HILL 01-640-54-00-5461 700.00 02 MATTERS ** COMMENT ** INVOICE TOTAL: 700.00 H-3055C-91093 04/03/13 01 ADMIN SERVICES-ICCI MATTERS 01-640-54-00-5461 160.00 INVOICE TOTAL: 160.00 * H-3106C-91155 04/03/13 01 ADMIN SERVICES-TRAVELERS 01-640-54-00-5461 20.00 02 INSURANCE MATTER ** COMMENT ** INVOICE TOTAL: 20.00 * CHECK TOTAL: 920.00 515300 GODWINL LISA R. GODWIN 9 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515300 GODWINL LISA R. GODWIN 041613 04/19/13 01 ADMIN-APRIL 16 PW COMMITTEE 01-110-54-00-5462 53.20 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 53.20 CHECK TOTAL: 53.20 515301 GOLINSKI GARY GOLINSKI 050113 05/01/13 01 ADMIN-APRIL 2013 MOBILE EMAIL 01-110-54-00-5440 45.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 CHECK TOTAL: 45.00 515302 GRAINCO GRAINCO FS., INC. 009635 03/15/13 01 WATER OP-LP GAS EXCHANGE 51-510-56-00-5620 18.18 INVOICE TOTAL: 18.18 CHECK TOTAL: 18.18 515303 GRAINGER GRAINGER 9116848400 04/15/13 01 WATER OP-ELECTRICAL RELAY 51-510-56-00-5638 35.32 INVOICE TOTAL: 35.32 CHECK TOTAL: 35.32 515304 HACH HACH COMPANY 8248481 04/12/13 01 WATER OP-CHEMICALS 51-510-56-00-5638 110.42 INVOICE TOTAL: 110.42 CHECK TOTAL: 110.42 10 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 11 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515305 HAWKINS HAWKINS INC 3455431 04/12/13 01 WATER OP-CHLORINE 51-510-56-00-5638 1,157.00 INVOICE TOTAL: 1,157.00 CHECK TOTAL: 1, 157.00 515306 HDSUPPLY HD SUPPLY WATERWORKS, LTD. 6514325 04/10/13 01 WATER OP-MXU BATTERYS 51-510-56-00-5664 352.03 INVOICE TOTAL: 352.03 * 7365469 04/18/13 01 WATER OP-BATTERYS 51-510-56-00-5664 342.00 INVOICE TOTAL: 342.00 * CHECK TOTAL: 694.03 515307 HOMEDEPO HOME DEPOT 140240 04/25/13 01 STREETS-CONDUIT, WALL PLATE, 01-410-56-00-5656 14.17 02 SWITCH BOX, OUTLET ** COMMENT ** INVOICE TOTAL: 14.17 CHECK TOTAL: 14.17 515308 HRGREEN HR GREEN 85214 03/14/13 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 1,280.00 02 RT.47 WORK ** COMMENT ** INVOICE TOTAL: 1,280.00 85682 04/15/13 01 ADMIN SERVICES-CANNONBALL & 01-640-54-00-5465 1,085.65 02 RT.47 WORK ** COMMENT ** INVOICE TOTAL: 1,085.65 CHECK TOTAL: 2,365.65 11 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515309 ILLUMBER IL VALLEY URBAN LUMBERJACKS 12683 04/19/13 01 STREETS-TREE REMOVAL 01-410-54-00-5458 825.00 INVOICE TOTAL: 825.00 CHECK TOTAL: 825.00 515310 ILTOLL ILLINOIS STATE TOLL HIGHWAY 613494809 04/05/13 01 POLICE-JAN.2013-MARCH 2013 01-210-54-00-5415 39.30 02 TOLL CHARGES ** COMMENT ** INVOICE TOTAL: 39.30 CHECK TOTAL: 39.30 515311 ILTRUCK ILLINOIS TRUCK MAINTENANCE, IN 026276 04/19/13 01 STREETS-ONSITE SERVICE CALL 01-410-54-00-5495 120.00 INVOICE TOTAL: 120.00 CHECK TOTAL: 120.00 515312 INFRASOL INFRASTRUCTURE SOLUTIONS, INC. YRK-130417A 04/17/13 01 SEWER OP-SERVICE LINER 52-520-56-00-5640 3,135.00 INVOICE TOTAL: 3,135.00 CHECK TOTAL: 3,135.00 515313 JAYMHEAP JAY M. HEAP & ASSOCIATES, LTD 042213 04/22/13 01 CW CAPITAL-GAME FARM RD 23-230-60-00-6073 30,000.00 02 IMPROVEMENT PROJECT ** COMMENT ** INVOICE TOTAL: 30,000.00 CHECK TOTAL: 30,000.00 12 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515314 JIFFY WISCONSIN QUICK LUBE 630603 04/26/13 01 POLICE-OIL CHANGE, HEADLIGHT 01-210-54-00-5495 58.97 INVOICE TOTAL: 58.97 * CHECK TOTAL: 58.97 515315 JIMSTRCK JAMES GRIBBLE 146041 04/29/13 01 STREETS-TRUCK INSPECTION 01-410-54-00-5495 26.00 INVOICE TOTAL: 26.00 * CHECK TOTAL: 26.00 515316 JSHOES JEFFREY L. JERABEK 0478-15 04/18/13 01 STREETS-TALL RUBBER BOOTS 01-410-56-00-5600 82.50 02 WATER OP-TALL RUBBER BOOTS 51-510-56-00-5600 82.50 03 SEWER OP-TALL RUBBER BOOTS 52-520-56-00-5600 82.50 INVOICE TOTAL: 247.50 * CHECK TOTAL: 247.50 515317 KCACP KENDALL COUNTY ASSOCIATION 858388 04/17/13 01 POLICE-MONTHLY MEETING 01-210-54-00-5415 60.00 INVOICE TOTAL: 60.00 * CHECK TOTAL: 60.00 515318 KENPRINT ANNETTE M. POWELL 18936 04/12/13 01 POLICE-500 BUSINESS CARDS 01-210-54-00-5430 47.50 INVOICE TOTAL: 47.50 * 18940 04/15/13 01 POLICE-500 ADMIN ORDINANCE 01-210-56-00-5620 348.30 13 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515318 KENPRINT ANNETTE M. POWELL 18940 04/15/13 02 NOTICE OF HEARINGS, 500 NOTICE ** COMMENT ** 03 OF VEHICLE SEIZURE ** COMMENT ** INVOICE TOTAL: 348.30 * 18951 04/22/13 01 POLICE-500 BUSINESS CARDS 01-210-54-00-5430 47.50 INVOICE TOTAL: 47.50 * 18956 04/24/13 01 POLICE-3 SETS OF 500 BUSINESS 01-210-54-00-5430 243.00 02 CARDS ** COMMENT ** INVOICE TOTAL: 243.00 * 18958 04/25/13 01 POLICE-2 NOTARY STAMPS 01-210-56-00-5620 53.80 INVOICE TOTAL: 53.80 * CHECK TOTAL: 740.10 515319 LAWSON LAWSON PRODUCTS 9301577971 04/12/13 01 STREETS-WASHERS, SEAL RINGS, 01-410-56-00-5620 150.29 02 CONNECTIORS, QUICK SLIDES, ** COMMENT ** 03 CABLE TIES, SCREWS ** COMMENT ** 04 WATER OP-WASHERS, SEAL RINGS, 51-510-56-00-5620 150.29 06 CONNECTORS, SCREWS, CABLE ** COMMENT ** 07 TIES, QUICK SLIDES ** COMMENT ** 08 SEWER OP-WASHERS, SEAL RINGS, 52-520-56-00-5620 150.30 09 CONNECTORS, SCREWS, CABLE ** COMMENT ** 10 TIES, QUICK SLIDES ** COMMENT ** INVOICE TOTAL: 450.88 * CHECK TOTAL: 450.88 515320 MENLAND MENARDS - YORKVILLE 24460 04/05/13 01 STREETS-CHAIN LUBE 01-410-56-00-5620 5.98 INVOICE TOTAL: 5.98 * 14 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515320 MENLAND MENARDS - YORKVILLE 24944 04/09/13 01 SEWER OP-PVC SEWER MAIN 52-520-56-00-5640 10.29 INVOICE TOTAL: 10.29 * 25076 04/10/13 01 STREETS-BLADES 01-410-56-00-5620 14.25 INVOICE TOTAL: 14.25 * 25154 04/11/13 01 WATER OP-CHANNEL LOCKS, PLIERS 51-510-56-00-5630 409.90 02 NUT DRIVER, WRENCHES, SOCKETS, ** COMMENT ** 03 SCREWDRIVERS, PRY BAR SET, ** COMMENT ** 04 HAMMERS ** COMMENT ** INVOICE TOTAL: 409.90 * 25160 04/11/13 01 WATER OP-PRIMER 51-510-56-00-5620 4.27 INVOICE TOTAL: 4.27 * 25686 04/16/13 01 STREETS-POST SUPPORT 01-410-56-00-5640 13.98 INVOICE TOTAL: 13.98 * 25756 04/17/13 01 STREETS-PVC CAP, PVC CONDUIT 01-410-56-00-5620 1.66 INVOICE TOTAL: 1.66 * 25898 04/18/13 01 WATER OP-FLEX COUPLING, PVC 51-510-56-00-5638 18.77 02 PIPE ** COMMENT ** INVOICE TOTAL: 18.77 * 25978 04/19/13 01 SEWER OP-BLEACH 52-520-56-00-5620 8.91 INVOICE TOTAL: 8.91 * 25991 04/19/13 01 STREETS-BUG KILLER 01-410-56-00-5656 20.95 INVOICE TOTAL: 20.95 * 25998 04/19/13 01 WATER OP-TAPE MEASURE, COLD 51-510-56-00-5630 26.87 02 CHISEL ** COMMENT ** INVOICE TOTAL: 26.87 * 15 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515320 MENLAND MENARDS - YORKVILLE 26104 04/20/13 01 STREETS-PVC COUPLING, PVC PIPE 01-410-56-00-5620 7.34 INVOICE TOTAL: 7.34 * 26106 04/20/13 01 STREETS-PVC CAP, SEWER CAP 01-410-56-00-5620 6.97 INVOICE TOTAL: 6.97 * 26340 04/22/13 01 WATER OP-GLOVES 51-510-56-00-5600 10.39 INVOICE TOTAL: 10.39 * 26343 04/22/13 01 STREETS-BATTERY CLAMPS, SPRAY 01-410-56-00-5640 6.56 02 PAINT, ALLIGATOR CLIPS ** COMMENT ** INVOICE TOTAL: 6.56 * 26477-13 04/23/13 01 STREETS-WOOD 01-410-56-00-5620 34.08 INVOICE TOTAL: 34.08 * CHECK TOTAL: 601.17 515321 MERLIN DEYCO, INC. 23027 04/19/13 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.00 INVOICE TOTAL: 29.00 * 23118 04/25/13 01 POLICE-OIL CHANGE 01-210-54-00-5495 29.00 INVOICE TOTAL: 29.00 * CHECK TOTAL: 58.00 515322 MIDAM MID AMERICAN WATER 83791A 04/05/13 01 STREETS-ADS COUPLING, ADS FES 01-410-56-00-5640 177.00 INVOICE TOTAL: 177.00 * 83916A 04/11/13 01 SEWER OP-PVC PIPE 52-520-56-00-5640 200.40 INVOICE TOTAL: 200.40 * 16 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515322 MIDAM MID AMERICAN WATER 88996A 04/05/13 01 WATER OP-METER PARTS 51-510-56-00-5664 557.44 INVOICE TOTAL: 557.44 * CHECK TOTAL: 934.84 515323 MIDWASH NATIONAL WAS AUTHORITY 4504 04/29/13 01 WATER OP-CLEAN WATER TOWER 51-510-54-00-5445 4, 724.00 INVOICE TOTAL: 4, 724.00 * CHECK TOTAL: 4,724.00 515324 MINER MINER ELECTRONICS CORPORATION 249354 04/22/13 01 POLICE-REPAIRED LIGHT BAR 01-210-54-00-5495 539.40 INVOICE TOTAL: 539.40 * CHECK TOTAL: 539.40 515325 NEOPOST NEOFUNDS BY NEOPOST 042413 04/24/13 01 ADMIN-POSTAGE METER REFILL 01-000-14-00-1410 500.00 INVOICE TOTAL: 500.00 * CHECK TOTAL: 500.00 515326 NICOR NICOR GAS 07-72-09-0117 7-0413 04/23/13 01 ADMIN-1301 CAROLYN CT 01-110-54-00-5480 25.40 INVOICE TOTAL: 25.40 * 15-41-50-1000 6-0313 04/10/13 01 ADMIN-804 GAME FARM RD 01-110-54-00-5480 348.53 INVOICE TOTAL: 348.53 * 61-60-41-1000 9-0313 04/15/13 01 ADMIN-610 TOWER LANE 01-110-54-00-5480 951.55 INVOICE TOTAL: 951.55 * 17 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515326 NICOR NICOR GAS 83-80-00-1000 7-0313 04/15/13 01 ADMIN-610 TOWER LN, UNIT B 01-110-54-00-5480 269.20 INVOICE TOTAL: 269.20 * CHECK TOTAL: 1,594.68 515327 OFFWORK OFFICE WORKS 219103 04/15/13 01 ADMIN-TAPE 01-110-56-00-5610 34.60 INVOICE TOTAL: 34.60 * CHECK TOTAL: 34.60 515328 OHERRONO RAY O'HERRON COMPANY 1309314-IN 03/28/13 01 POLICE-PANTS, SHOES 01-210-56-00-5600 272.89 INVOICE TOTAL: 272.89 * 1309712-IN 04/02/13 01 POLICE-PANTS 01-210-56-00-5600 206.85 INVOICE TOTAL: 206.85 * 1311095-IN 04/12/13 01 POLICE-TACTICAL PATROL BAGS, 01-210-56-00-5600 825.77 02 BELTS, MACE, RADIO HOLDER, ** COMMENT ** 03 FLASHLIGHT RING, BATON HOLDER, ** COMMENT ** 04 BELT KEEPER ** COMMENT ** INVOICE TOTAL: 825.77 * 1311111-IN 04/12/13 01 POLICE-RAINCOATS, GLOVES, 01-210-56-00-5600 534.79 02 JACKET LINERS, SAFETY VEST ** COMMENT ** INVOICE TOTAL: 534.79 * 1312877-IN 04/25/13 01 POLICE-RAINCOAT 01-210-56-00-5600 123.97 INVOICE TOTAL: 123.97 * CHECK TOTAL: 1,964.27 18 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515329 PHILSTOP PHIL'S TOP SOIL, INC. 27348 04/06/13 01 WATER OP-DIRT 51-510-56-00-5620 192.00 INVOICE TOTAL: 192.00 CHECK TOTAL: 192.00 515330 PROVISIO PRO-VISION VIDEO SYSTEMS 257849 04/15/13 01 POLICE CAPITAL-ONBOARD VIDEO 20-200-60-00-6060 5,534.84 02 SYSTEM ** COMMENT ** INVOICE TOTAL: 5,534.84 CHECK TOTAL: 5,534.84 515331 QUILL QUILL CORPORATION 1960060 04/16/13 01 ADMIN-EMPLOYEE RECORD FILE 01-110-56-00-5610 34.98 02 FOLDERS ** COMMENT ** INVOICE TOTAL: 34.98 * 1997481 04/17/13 01 POLICE-COPY PAPER 01-210-56-00-5610 89.80 INVOICE TOTAL: 89.80 * 1999416 04/17/13 01 FINANCE-HANGING FILE FOLDERS 01-120-56-00-5610 10.49 INVOICE TOTAL: 10.49 * 2207328 04/25/13 01 POLICE-PAPER, ENVELOPES 01-210-56-00-5610 132.80 INVOICE TOTAL: 132.80 * 2309281 04/30/13 01 ADMIN-STORAGE BOXES, BINDER 01-110-56-00-5610 193.33 02 CLIPS, CERTIFICATION HOLDERS, ** COMMENT ** 03 FILE FOLDERS, HANGING FILES ** COMMENT ** INVOICE TOTAL: 193.33 * CHECK TOTAL: 461.40 19 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515332 R0001171 KEVIN COOK 041013 04/10/13 01 STREETS-MAILBOX REPLACEMENT 01-410-56-00-5620 75.00 02 REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 75.00 CHECK TOTAL: 75.00 515333 SCODROP PETER SCODRO 041913 04/19/13 01 WATER OP-REIMBURSEMENT FOR 51-510-56-00-5620 60.00 02 CDL LICENSE ** COMMENT ** INVOICE TOTAL: 60.00 * CHECK TOTAL: 60.00 515334 SERVMASC SERVICEMASTER COMM. CLEANING 161831 04/15/13 01 ADMIN-MONTHLY OFFICE CLEANING 01-110-54-00-5488 1,196.00 INVOICE TOTAL: 1,196.00 * CHECK TOTAL: 1, 196.00 515335 SHREDIT SHRED-IT 9401838940 04/17/13 01 POLICE-SHREDDING 01-210-54-00-5462 109.97 INVOICE TOTAL: 109.97 * CHECK TOTAL: 109.97 515336 SLEEZERJ SLEEZER, JOHN 031213 03/12/13 01 STREETS-REIMBURSMENT FOR 01-410-56-00-5620 65.00 02 CDL LICENSE ** COMMENT ** INVOICE TOTAL: 65.00 050113 05/01/13 01 STREETS-APRIL 2013 MOBILE 01-410-54-00-5440 45.00 20 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 21 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515336 SLEEZERJ SLEEZER, JOHN 050113 05/01/13 02 EMAIL REIMBURSEMENT ** COMMENT ** INVOICE TOTAL: 45.00 * CHECK TOTAL: 110.00 515337 STEVENS STEVEN'S SILKSCREENING 4718 11/13/12 01 POLICE-EMBROIDERY 01-210-56-00-5600 24.00 INVOICE TOTAL: 24.00 * 5210 04/02/13 01 POLICE-EMBROIDERY 01-210-56-00-5600 60.00 INVOICE TOTAL: 60.00 * 5236 04/04/13 01 POLICE-EMBROIDERY 01-210-56-00-5600 120.00 INVOICE TOTAL: 120.00 * CHECK TOTAL: 204.00 515338 STREICH STREICHERS I1011337 04/08/13 01 POLICE-MAG POUCH, BELT 01-210-56-00-5600 55.97 INVOICE TOTAL: 55.97 * I1013548 04/18/13 01 POLICE-PANTS WITH ALTERATIONS 01-210-56-00-5600 100.00 INVOICE TOTAL: 100.00 * I1013642 04/18/13 01 POLICE-BELT, MAG HOLDER 01-210-56-00-5600 83.97 INVOICE TOTAL: 83.97 * CHECK TOTAL: 239.94 515339 SUBURLAB SUBURBAN LABORATORIES INC. 26913 04/15/13 01 WATER OP-COLIFORM 51-510-54-00-5429 240.50 INVOICE TOTAL: 240.50 * CHECK TOTAL: 240.50 21 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 22 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515340 TAPCO TAPCO 403286 04/17/13 01 MFT-SIGNS 15-155-56-00-5619 2,192.17 INVOICE TOTAL: 2,192.17 403320 04/25/13 01 MFT-SIGN 15-155-56-00-5619 86.74 INVOICE TOTAL: 86.74 * 404396 04/09/13 01 MFT-POST SQUARES 15-155-56-00-5619 2,165.25 INVOICE TOTAL: 2,165.25 * 404397 04/03/13 01 MFT-SIGNS 15-155-56-00-5619 9,290.59 INVOICE TOTAL: 9,290.59 * 1419302 04/04/13 01 MFT-SIGNS 15-155-56-00-5619 83.04 INVOICE TOTAL: 83.04 * CHECK TOTAL: 13,817.79 515341 TAPCO TAPCO 1419970 04/12/13 01 STREETS-REPLACEMENT CORDLESS 01-410-56-00-5630 1,876.50 02 BAND-IT TOOL ** COMMENT ** INVOICE TOTAL: 1,876.50 * CHECK TOTAL: 1,876.50 515342 TAPCO TAPCO 1420064 04/15/13 01 STREETS-20 GALLONS WHITE PAINT 01-410-56-00-5640 429.18 INVOICE TOTAL: 429.18 * CHECK TOTAL: 429.18 515343 TARGET TARGET BANK 041813-CITY 03/26/13 01 ADMIN-NAPKINS 01-110-56-00-5610 3.13 INVOICE TOTAL: 3.13 * CHECK TOTAL: 3.13 22 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 23 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515344 TRAFFIC TRAFFIC CONTROL CORPORATION 0000059009 04/19/13 01 STREETS-BUS INTERFACE UNIT 01-410-56-00-5640 900.00 INVOICE TOTAL: 900.00 * CHECK TOTAL: 900.00 515345 UPSSTORE MICHAEL J. KENIG 041113 04/11/13 01 ADMIN-2 PKGS TO KFO 01-110-54-00-5452 65.62 INVOICE TOTAL: 65.62 * CHECK TOTAL: 65.62 515346 VESCO VESCO 36440 04/15/13 01 COMM/DEV-LABELING TAPE 01-220-56-00-5620 35.11 INVOICE TOTAL: 35.11 * CHECK TOTAL: 35.11 515347 VISA VISA 042613-CITY 04/26/13 01 ADMIN-POSTAGE 01-000-15-00-1586 14.52 02 ADMIN-LEADERSHIP CLASS REG. 01-110-54-00-5412 349.00 03 ADMIN-APRIL INTERNET 01-110-54-00-5440 43.38 04 ADMIN-ANNUAL MEMBERSHIP DUES 01-110-54-00-5460 135.00 05 ADMIN-CD SLEEVES 01-110-56-00-5610 59.81 06 FINANCE-APRIL INTERNET 01-120-54-00-5440 43.38 07 FINANCE-WEBSITE UPKEEP FEES 01-120-54-00-5462 15.95 08 FINANCE-KEYBOARD 01-120-56-00-5610 39.99 09 POLICE-APRIL INTERNET 01-210-54-00-5440 281.92 10 COMM/DEV-APRIL INTERNET 01-220-54-00-5440 32.55 11 STREETS-NIU OUTREACH CLASS 01-410-54-00-5412 129.00 12 REG. FOR 2 ** COMMENT ** 13 STREETS-APRIL INTERNET 01-410-56-00-5620 43.38 23 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 24 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515347 VISA VISA 042613-CITY 04/26/13 14 WATER OP-LAYNE WESTERN SEMINAR 51-510-54-00-5412 35.00 15 WATER OP-APRIL INTERNET 51-510-56-00-5620 136.13 16 WATER OP-JONST TANK TO BOWL 51-510-56-00-5620 2.78 17 GASKET ** COMMENT ** 18 SEWER OP-APRIL INTERNET 52-520-56-00-5620 32.55 19 PARKS-APRIL INTERNET 79-790-56-00-5620 54.23 20 RECREATION-PRESCHOOL SUPPLIES 79-795-56-00-5606 775.04 21 OBERWIEIS FIELDTRIP, DOLLHOUSE ** COMMENT ** 22 GRADUATION SUPPLIES, PICTURES, ** COMMENT ** 23 SPRING TOURNAMENT FEE ** COMMENT ** 24 RECREATION-APRIL INTERNET 79-795-56-00-5620 54.23 25 REC CENTER-STEP COMPANY 80-800-54-00-5462 520.00 26 LICENSE FEE ** COMMENT ** 27 REC CENTER-APRIL INTERNET 80-800-56-00-5620 10.85 28 REC CENTER-APRIL CABLE, HOT 80-800-56-00-5620 119.84 29 SURFACE IGNITOR ** COMMENT ** INVOICE TOTAL: 2,928.53 CHECK TOTAL: 2,928.53 515348 VISA VISA 042613-PD 04/26/13 01 POLICE-GASOLINE 01-210-56-00-5695 126.48 02 POLICE-ONLINE EXCEL TRAINING 01-210-54-00-5412 70.00 03 POLICE-BREECHES 01-210-56-00-5600 90.98 04 POLICE-POLICE MAGAZINE 01-210-54-00-5460 18.00 05 POLICE-CAMERA 01-210-56-00-5620 485.47 INVOICE TOTAL: 790.93 * CHECK TOTAL: 790.93 515349 VITOSH CHRISTINE M. VITOSH 1518 04/23/13 01 POLICE-APRIL 10 ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 * 24 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 25 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515349 VITOSH CHRISTINE M. VITOSH 1520 04/23/13 01 POLICE-APRIL 17 ADMIN HEARING 01-210-54-00-5467 100.00 INVOICE TOTAL: 100.00 CHECK TOTAL: 200.00 515350 WALMART WALMART COMMUNITY 042213-CITY 04/22/13 01 ADMIN-KLEENEX, PAPER TOWELS, 01-110-56-00-5610 60.15 02 CLOROX WIPES, PLATES ** COMMENT ** INVOICE TOTAL: 60.15 CHECK TOTAL: 60.15 515351 WAREHOUS WAREHOUSE DIRECT 1907757-0 04/09/13 01 ADMIN-RUBBER FINGERS, ADDING 01-110-56-00-5610 22.93 02 MACHINE TAPE, RUBBERBANDS, ** COMMENT ** 03 BATTERIES ** COMMENT ** INVOICE TOTAL: 22.93 1915705-0 04/16/13 01 ADMIN-PAPER, ENVELOPES, CLIPS 01-110-56-00-5610 616.84 INVOICE TOTAL: 616.84 1915716-0 04/16/13 01 FINANCE-MOUSE 01-120-56-00-5610 5.35 02 WATER OP-MOUSE 51-510-56-00-5620 10.48 03 SEWER OP-MOUSE 52-520-56-00-5620 3.22 04 FINANCE-HIGHLIGHTERS 01-120-56-00-5610 6.79 INVOICE TOTAL: 25.84 1917041-0 04/17/13 01 COMM/DEV-PAPER, MARKERS 01-220-56-00-5610 30.15 INVOICE TOTAL: 30.15 * 1921459-0 04/22/13 01 ADMIN-BATTERIES, MARKERS, POST 01-110-56-00-5610 52.61 02 IT FLAGS, TAPE ** COMMENT ** INVOICE TOTAL: 52.61 * 25 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 26 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515351 WAREHOUS WAREHOUSE DIRECT 1922280-0 04/24/13 01 ADMIN-TONER 01-110-56-00-5610 180.98 INVOICE TOTAL: 180.98 * CHECK TOTAL: 929.35 515352 WATERSYS WATER SOLUTIONS UNLIMITED, INC 32943 04/03/13 01 WATER OP-PHOSPHATE 51-510-56-00-5638 1,035.00 INVOICE TOTAL: 1,035.00 * CHECK TOTAL: 1,035.00 515353 WERDERW WALLY WERDERICH 031913A 03/19/13 01 POLICE-MARCH 6 & 13 ADMIN 01-210-54-00-5467 300.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 * 042313 04/23/13 01 POLICE-APRIL 10 & 17 ADMIN 01-210-54-00-5467 300.00 02 HEARINGS ** COMMENT ** INVOICE TOTAL: 300.00 * CHECK TOTAL: 600.00 515354 YORKACE YORKVILLE ACE & RADIO SHACK 148004 04/09/13 01 COMM/DEV-NYLON LINE 01-220-56-00-5620 12.99 INVOICE TOTAL: 12.99 * 148024 04/10/13 01 STREETS-BOLTS, NUTS 01-410-56-00-5620 1.88 INVOICE TOTAL: 1.88 * 148136 04/18/13 01 FINANCE-ANT SPRAY 01-120-56-00-5610 4.99 INVOICE TOTAL: 4.99 * 26 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 27 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515354 YORKACE YORKVILLE ACE & RADIO SHACK 148234 04/26/13 01 WATER OP-PADDLOCKS, ELBOWS, 51-510-56-00-5620 128.90 02 VALVE CHECK ** COMMENT ** INVOICE TOTAL: 128.90 * CHECK TOTAL: 148.76 515355 YORKGFPC PETTY CASH 043013 04/30/13 01 WATER OP-COKE TO REMOVE RUST 51-510-56-00-5620 4.81 INVOICE TOTAL: 4.81 * CHECK TOTAL: 4.81 515356 YORKPDPC YORKVILLE POLICE DEPT. 042213 04/22/13 01 POLICE-NOTARY 01-210-56-00-5620 5.00 INVOICE TOTAL: 5.00 * CHECK TOTAL: 5.00 515357 YORKSELF YORKVILLE SELF STORAGE, INC 042313-45 04/23/13 01 POLICE-STORAGE 01-210-54-00-5485 75.00 INVOICE TOTAL: 75.00 * CHECK TOTAL: 75.00 515358 YOUNGM MARLYS J. YOUNG 040213 04/18/13 01 ADMIN-APRIL 2 EDC MEETING 01-110-54-00-5462 52.50 02 MINUTES ** COMMENT ** INVOICE TOTAL: 52.50 040413 04/20/13 01 ADMIN-APRIL 4 PUBLIC SAFETY 01-110-54-00-5462 83.75 27 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 28 TIME: 14:40:56 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515358 YOUNGM MARLYS J. YOUNG 040413 04/20/13 02 MEETING MINUTES ** COMMENT ** INVOICE TOTAL: 83.75 * 041813 04/28/13 01 ADMIN-APRIL 18 ADMIN MEETING 01-110-54-00-5462 57.00 02 MINUTES ** COMMENT ** INVOICE TOTAL: 57.00 * CHECK TOTAL: 193.25 TOTAL AMOUNT PAID: 257,381.81 28 DATE: 04/17/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 12:41:28 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 04/24/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515271 ILTREASU STATE OF ILLINOIS TREASURER 8 04/15/13 01 MFT-MAY PYMT RT.47 EXPANSION 15-000-14-00-1400 10,158.33 02 WATER OP-MAY PYMT RT.47 51-000-14-00-1400 10, 757.81 03 EXPANSION ** COMMENT ** 04 SEWER OP-MAY PYMT RT.47 52-000-14-00-1400 5,564.38 05 EXPANSION ** COMMENT ** 06 DOWNTOWN TIF-MAY PYMT RT.47 88-000-14-00-1400 1,666.67 07 EXPANSION ** COMMENT ** INVOICE TOTAL: 28,147.19 CHECK TOTAL: 28,147.19 TOTAL AMOUNT PAID: 28,147.19 29 DATE: 05/01/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 09:56:07 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/01/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515273 YORKPOST YORKVILLE POSTMASTER 050113 05/01/13 01 WATER OP-04/30/13 UTYILITY 51-510-54-00-5452 2,143.08 02 BILLING POSTAGE ** COMMENT ** INVOICE TOTAL: 2,143.08 CHECK TOTAL: 2,143.08 TOTAL AMOUNT PAID: 2,143.08 30 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 14:56:44 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515359 ASLA AMERICAN SOCIETY OF LANDSCAPE 041213 04/12/13 01 COMM/DEV-ANNUAL DUES 01-220-54-00-5460 435.00 INVOICE TOTAL: 435.00 CHECK TOTAL: 435.00 515360 EEI ENGINEERING ENTERPRISES, INC. 52481 04/18/13 01 DEVELOPER ESCROW-KENDALL 90-039-39-00-0111 6,955.25 02 CROSSING ** COMMENT ** INVOICE TOTAL: 6,955.25 52483 04/18/13 01 DEVELOPER ESCROW-KLEINWACHTER 90-004-04-00-0111 446.50 02 DEVELOPMENT ** COMMENT ** INVOICE TOTAL: 446.50 52484 04/18/13 01 DEVELOPER ESCROW-SALEK 90-041-41-00-0111 167.00 02 SUBDIVISION ** COMMENT ** INVOICE TOTAL: 167.00 CHECK TOTAL: 7,568.75 515361 EYEMED FIDELITY SECURITY LIFE INS. 5282794 04/23/13 01 ADMIN-MAY VISION INS. 01-110-52-00-5224 49.19 02 ADMIN-MAY ELECTED OFFICIAL 01-110-52-00-5238 58.55 03 VISION INS. ** COMMENT ** 04 FINANCE-MAY VISION INS. 01-120-52-00-5224 26.98 05 POLICE-MAY VISION INS. 01-210-52-00-5224 302.03 06 COMM/DEV-MAY VISION INS. 01-220-52-00-5224 31.57 07 STREETS-MAY VISION INS. 01-410-52-00-5224 58.55 08 ADMIN SERVICES-MAY RETIREES 01-640-52-00-5242 48.19 09 VISION INS. ** COMMENT ** 10 PARKS-MAY VISION INS. 79-790-52-00-5224 74.75 11 RECREATION-MAY VISION INS. 79-795-52-00-5224 24.65 31 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 14:56:44 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515361 EYEMED FIDELITY SECURITY LIFE INS. 5282794 04/23/13 12 WATER OP-MAY VISION INS. 51-510-52-00-5224 62.32 13 SEWER OP-MAY VISION INS. 52-520-52-00-5224 31.67 14 LIBRARY-MAY VISION INS. 82-820-52-00-5224 53.60 INVOICE TOTAL: 822.05 CHECK TOTAL: 822.05 515362 GLATFELT GLATFELTER PUBLIC PRACTICE 74974102-5 04/30/13 01 ADMIN SERVICES-LIABILITY INS. 01-640-52-00-5231 6,019.02 02 INSTALLMENT 5 ** COMMENT ** 03 ADMIN SERVICES-PARK & REC 01-640-52-00-5231 1,252.05 04 LIABILITY INS. INSTALLMENT 5 ** COMMENT ** 05 WATER OP-LIABILITY INS. 51-510-52-00-5231 717.32 06 INSTALLMENT 5 ** COMMENT ** 07 SEWER OP-LIABILITY INS. 52-520-52-00-5231 468.41 08 INSTALLMENT 5 ** COMMENT ** 09 LIBRARY-LIABILITY INS. 82-820-52-00-5231 828.20 10 INSTALLMENT 5 ** COMMENT ** INVOICE TOTAL: 9,285.00 CHECK TOTAL: 9,285.00 515363 ITRON ITRON 285426 04/11/13 01 WATER OP-MAY HOSTING SERVICES 51-510-54-00-5462 474.48 INVOICE TOTAL: 474.48 * CHECK TOTAL: 474.48 515364 KCSHERIF KENDALL CO. SHERIFF'S OFFICE DEKALB-041713 04/15/13 01 ADMIN-FTA REIMBURSMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * 32 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 14:56:44 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515364 KCSHERIF KENDALL CO. SHERIFF'S OFFICE DUPAGE-041213 04/15/13 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * LASALLE-040813 04/15/13 01 ADMIN-FTA REIMBURSEMENT 01-000-24-00-2412 70.00 INVOICE TOTAL: 70.00 * CHECK TOTAL: 210.00 515365 LEADONLI LEADS ONLINE 224470 04/24/13 01 POLICE-ANNUAL SERVICE PACKAGE 01-210-54-00-5462 2,238.00 INVOICE TOTAL: 2,238.00 * CHECK TOTAL: 2,238.00 515366 OLIVEJAR OLIVEJAR GROUP, LLC 56 04/22/13 01 ADMIN SERVICES-50 HRS ANNUAL 01-640-54-00-5450 6,000.00 02 ON-SITE SERVICE CONTRACT ** COMMENT ** INVOICE TOTAL: 6,000.00 CHECK TOTAL: 6,000.00 515367 OSWEGO VILLAGE OF OSWEGO 050113 05/01/13 01 ADMIN-APRIL 2013 PARK & RIDE 01-000-24-00-2460 47.50 02 TICKET PROCEEDS ** COMMENT ** INVOICE TOTAL: 47.50 CHECK TOTAL: 47.50 515368 R0000594 BRIAN BETZWISER 050113-54 05/01/13 01 PW CAPITAL-185 WOLF PYMT #54 25-225-92-00-8050 4,265.94 33 DATE: 05/07/13 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 14:56:44 CHECK REGISTER PRG ID: AP215000.WOW CHECK DATE: 05/14/13 CHECK # VENDOR # INVOICE INVOICE ITEM NUMBER DATE # DESCRIPTION ACCOUNT # ITEM AMT 515368 R0000594 BRIAN BETZWISER 050113-54 05/01/13 02 PW CAPITAL-185 WOLF PYMT #54 25-225-92-00-8000 2,591.98 INVOICE TOTAL: 6,857.92 CHECK TOTAL: 6,857.92 515369 R0000797 BRENDA KAY LAUNIUS 041013 04/10/13 01 ADMIN-BEECHER DEPOSIT REFUND 01-000-24-00-2410 50.00 INVOICE TOTAL: 50.00 * CHECK TOTAL: 50.00 515370 SUBURBAN SUBURBAN CHICAGO NEWS 245753-041513 04/15/13 01 WATER OP-05/28/13 - 08/27/13 51-510-54-00-5460 26.00 02 SUBSCRIPTION RENEWAL ** COMMENT ** INVOICE TOTAL: 26.00 CHECK TOTAL: 26.00 TOTAL AMOUNT PAID: 34,014.70 34 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 4/26/2013 REGULAR OVERTIME TOTAL IMRF FICA TOTALS MAYOR& LIQ. COM. $ 908.34 $ - $ 908.34 $ - $ 69.49 $ 977.83 CLERK 1,141.67 - 1,141.67 79.58 75.63 1,296.88 TREASURER 241.67 - 241.67 25.93 18.06 285.66 ALDERMAN 4,000.00 - 4,000.00 375.55 271.47 4,647.02 ADMINISTRATION 10,593.51 - 10,593.51 1,052.99 753.26 12,399.76 FINANCE 7,019.88 - 7,019.88 753.24 521.80 8,294.92 POLICE 76,410.13 988.18 77,398.31 342.06 5,690.42 83,430.79 COMMUNITY DEV. 7,643.31 - 7,643.31 762.35 562.66 8,968.32 STREETS 10,030.59 - 10,030.59 1,076.28 740.05 11,846.92 WATER 12,519.93 30.98 12,550.91 1,346.73 908.87 14,806.51 SEWER 7,391.51 718.84 8,110.35 870.23 607.80 9,588.38 PARKS 16,279.55 - 16,279.55 1,746.78 1,202.25 19,228.58 RECREATION 10,067.40 - 10,067.40 989.07 743.78 11,800.25 REC. CENTER 5,688.63 - 5,688.63 301.85 435.26 6,425.74 LIBRARY 16,012.47 - 16,012.47 1,003.61 1,197.27 18,213.35 TOTALS $ 185,948.59 $ 1,738.00 $ 187,686.59 $ 10,726.25 $ 13,798.07 $ 212,210.91 TOTAL PAYROLL $ 212,210.91 35 UNITED CITY OF YORKVILLE CITY COUNCIL BILL LIST SUMMARY Tuesday, May 14, 2013 PA YROL L DATE BI-WEEKLY 4/26/2013 $205,003.52 ELECTED OFFICIAL 4/26/2013 $7,207.39 TOTAL PAYROLL $212,210.91 A CCOUN TS PA YA BL E MANUAL CHECK-#515271 -STATE OF IL. TREASURER- RT. 47 EXANSION PYMT 4/24/2013 $28,147.19 MANUAL CHECK-#515273-YORKVILLE POST OFFICE- UB BILLING POSTAGE 5/1/2013 $2,143.08 BILLS LIST- FY 13 $257,381 .81 BILLS LIST- FY 14 $34,014.70 TOTAL BILLS PAID $321 ,686.78 TOTAL DISBURSEMENTS $533,897.69 36 0 CIP Reviewed By: Agenda Item Number „. J� ¢ �► Legal ❑❑ Mayor#1 Finance ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2013-31 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Proclamation for National Safe Boating Week Meeting and Date: City Council —May 16, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Golinski Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE Ywdamatim Recreational boating is fun and enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion. While being a marvelous source of recreation, boating, to the unprepared, can be a risky sport. Not knowing or obeying the Navigation Rules or the nautical "Rules of the Road", drinking alcohol or taking drugs while operating a boat, or choosing not to wear your life jacket when doing so is clearly not the smart thing to do, are all examples of human error or a lack of proper judgment. One particular behavior that can reduce the number of boaters who lose their lives by drowning each year by approximately 80% is the wearing of a life jacket. It is a simple task that has the potential to reduce terrible loss in lives. Knowledge and skills are important in reducing human error and improving judgment. If people are aware of the risk, they are likely to take the precautionary measures to protect themselves and their friends and family. That is why we must continue to spread the messages of boating safety not only during National Safe Boating Week but also throughout the entire year. WHEREAS, on average, 700 people die each year in boating-related accidents in the U.S., approximately 70% of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, today's life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today's boating public. NOW, Therefore, I, Gary J. Golinski, Mayor of the United City of Yorkville, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 18- 24, 2013, as National Safe Boating Week and the start of the year-round effort to promote safe boating. In Witness Thereof, I urge all those who boat to "Wear it." and practice safe boating habits. Dated this 16th day of May, 2013, A.D. Gary J. Golinski,Mayor 0 CIP Reviewed By: Agenda Item Number J� $ ae► Legal ❑ Mayor#2 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator El Tracking Number .4 City y Human Resources El Gwn sw �© Community Development ❑ CC 2013-32 � Police ❑ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Appointments to Boards and Commissions Meeting and Date: City Council —May 16, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Gary J. Golinski Name Department Agenda Item Notes: Reviewed By: Agenda Item Number •s► Legal ❑❑ Mayor#3 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number Human Resources ❑ Community Development ❑ P F-1 CC 2013-33 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Selection of Liaison to Kendall County Solid Waste Plan Update Committee Meeting and Date: City Council —May 16, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Gary J. Golinski Name Department Agenda Item Notes: 0 CIP Reviewed By: Agenda Item Number J� $ ae► Legal ❑ Mayor#4 Finance ❑ ESL -� 1836 Engineer ❑ -_� City Administrator ■ Tracking Number .4 City y Human Resources ■ Gwn sw �© Community Development ❑ CC 2013-34 � Police ■ Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Patrol Officers' Collective Bargaining Agreement Meeting and Date: City Council —May 16, 2013 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Reviewed By: Agenda Item Number .'� •s► Legal ■❑ Mayor#5 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ Community Development ❑ P F-1 CC 2013-35 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Real Estate Purchase& Sale Agreement—Highway Conveyance—NW Corner of Rt. 34 & Beecher Rd. Meeting and Date: City Council May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 8, 2013 Subject: Kendall Marketplace Right-of-Way Acquisition LJILL E�% Summary Acquisition of a public right-of-way with private funds from the Kendall Marketplace development. The right-of-way is located at the northwest corner of Route 34 and Beecher Road in accordance with the Beecher Road improvements for the Kendall Marketplace development. Background A few years ago, the City took control of the SSA bond funds for the Kendall Marketplace project, as a result of the original developer losing control of the property. With the bond funds, the City stabilized the site and started the improvements to the Cannonball Trail and Route 47 intersection. The IDOT highway permit for the Beecher Road intersection improvements were never closed out, because a strip of land along the northside of Route 34 west of Beecher Road had never been formally acquired by the private developer. IDOT brought this to our attention last year, and had been pushing the City to wrap up the acquisition of this right-of-way in order to close out the IDOT highway permit. Their communications with the City was progressing towards a deadline whereby IDOT was going to force the City to reengineer and reconstruct the intersection within the current right-of-way if the City did not acquire the right-of-way from the Sexton property owner in short order. Thus, we have focused on communication and negotiation with the property owner(Sexton Development) ever since. With the recent upturn in the local economy, the Sexton property owners approached the City to discuss the three- way land swap previously discussed by City Council. During that discussion, the City brought up this open right-of-way acquisition issue and came to final terms for acquisition with the property owner. While the City completed various property valuations over the past couple years and tried to negotiate with the property owner during the economic downturn(to get the cheapest price possible), we have ultimately settled on a price near$1.50 per square foot(just over$70,000 total). This price is in line with local commercially-developable property acquisitions, the price of right-of-way acquisitions settled on with property owners from the Cannonball/47 intersection improvements, and is well within the budget established within the SSA funds. Accordingly, the City drafted the appropriate agreements and ordinances to acquire the property from the owner and get the IDOT highway permit closed out. Recommendation This acquisition is associated with the intersection improvements at Beecher Road and Route 34, which were initiated by the Kendall Marketplace developer with private funds. The acquisition itself is being funded by private funds within the SSA fund for the property, and failure to acquire the right-of- way may result in IDOT forcing the City to reconstruct the intersection. This item skipped committee due to timing considerations at the request of IDOT. For the previous reasons, staff recommends approval of the attached resolution and purchase agreement. Resolution No. 2013- A RESOLUTION APPROVING A REAL ESTATE PURCHASE AND SALE AGREEMENT (Highway conveyance—Northwest corner of Route 34 and Beecher Road) BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the REAL ESTATE PURCHASE AND SALE AGREEMENT attached hereto and made a part hereof by reference as Exhibit A, is hereby approved, and Bart Olson, City Administrator, be and are hereby authorized to execute said Agreement on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Resolution No.2013- Page 1 REAL ESTATE PURCHASE AND SALE AGREEMENT This AGREEMENT ("Agreement") is made this day May, 2013 between ("Seller"), and THE UNITED CITY OF YORKVILLE, a Municipal corporation of the County of Kendall, State of Illinois ("Purchaser") RECITALS WHEREAS,Purchaser and Seller have, negotiated the terms and provisions applicable to the Sale and Purchase of a vacant parcel of land containing 1.08 +/- acres, more or less depicted and legally described on the attached Exhibit A; and WHEREAS,Purchaser, through Bart Olson, its City Administrator, is the City's designated agent for purposes of execution of this Agreement; and WHEREAS, Seller desires to sell, and Purchaser desires to buy, the real estate hereafter described, at the price and on the terms and conditions hereinafter set forth. WITNESSETH NOW, THEREFORE, in consideration of mutual covenants hereafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged by Seller and Purchaser it is agreed by and between the parties as follows: 1. Purchase and Sale- Purchase Price. Purchaser agrees to purchase, and Seller agrees to sell, on the terms and provisions set forth herein, the real estate depicted and legally described on the attached Exhibit A(the "Property"), and the aforesaid Property is sold and purchased in its present "as is" vacant, unimproved condition, for a Purchase Price of Seventy Thousand Five hundred Sixty Dollars ($70,560.00) ("Purchase Price"), subject and according to the terms and conditions set forth in this Agreement. 2. Payment of Purchase Price (a) Purchaser represents and warrants to Seller that Purchaser has reserve funds on deposit to pay the Purchase Price, at the Closing,by wire transfer or certified check. (b) Seller, in reliance of Purchaser's representation and warranty, hereby waives the deposit of Earnest Money. (c) Purchaser and Seller accept the foregoing 2 (a) and 2(b) as sufficient consideration hereunder. 3. Title/Conveyance. Permitted Title Exceptions. Seller agrees to convey the Property to Purchaser free and clear title thereto by recordable Warranty Deed(or Trustee's Deed if title to the Property is held by a Trustee), as of the Closing, with said Deed to be subject only to the following listed title exceptions ("Permitted Title Exceptions"): (A)Extended,but unbilled and not due general real estate taxes to the date of Closing and subsequent years; and (B)Liens of record caused by Seller, which lien/s shall be released via the Closing. 4. Evidence of Title. (a) Title Commitment. Seller, at its cost shall deliver, or cause to be delivered to Purchaser or Purchaser's attorney, within ten (10) business days after the date of this Agreement, a Title Commitment for an Owner's Title Insurance Policy with extended coverage issued by Chicago Title Insurance Company, ("the Title Insurer") in the amount of the Purchase Price, covering title to the Property on or after the date hereof, showing title to the Property in the Owner/s of Record Seller, subject only to the foregoing Permitted Title Exceptions. The Title Commitment shall be conclusive evidence of good title as therein shown as to all matters to be insured by the policy, subject only to the exceptions as therein stated. (b) Unpermitted Title Exceptions. If the Title Commitment, discloses either unpermitted exceptions or boundary overlaps,unpermitted easements, or encroachments, ("Title Defects") Seller shall have thirty-five (35) days from the date of delivery thereof to have the exceptions removed from the Commitment or to correct such Title Defects or to have the Title Insurer commit to insure against loss or damage that may be occasioned by such exceptions or Title Defects and, in such event, the time of Closing shall be thirty-five (35) days after delivery of the Commitment, or the Closing Date as specified in paragraph 6, whichever is later. If Seller fails to have the exception/s removed, or correct any Title Defects, or in the alternative, to obtain for the Commitment for Title Insurance specified above waivers as to such exceptions, within the specified time, Purchaser may terminate this Agreement or may elect, upon notice to Seller within ten (10) days after the expiration of the Thirty-five (35) day period, to take title as it then is with the right to deduct from the Purchase Price liens or encumbrances of a definite or ascertainable amount. If Purchaser does not so elect, this Agreement shall become null and void without further action of the parties. 5. Survey. Seller shall not be required to obtain a survey. 6. Escrow Closing and Prorations. The Closing on this transaction shall be as agreed to by the attorneys for Seller and Purchaser; or at such earlier, or later date, as agreed upon in writing by the Purchaser and Seller, or by their attorneys,provided all conditions hereof have been fulfilled, and this Agreement has not been terminated pursuant to Seller's default, or by Purchaser pursuant to the provisions hereof. 2 (a) Closing. Unless agreed to by the attorneys, this transaction shall be closed through an Escrow with the Title Insurer, in accordance with the general provisions of the usual form of deed and money escrow agreement then in use by the Title Insurer, with such special provisions inserted in the Escrow Agreement as may be required to conform with this Agreement. On the creation of such escrow, anything herein to the contrary notwithstanding, payment of the Purchase Price and delivery of Deed shall be made through the Escrow and this Agreement and the Earnest Money shall be deposited in the Escrow. The cost of the Escrow shall be divided by Purchaser and by Seller. 7. Broker's Commission. (a) Purchaser represents that Purchaser has not contacted any broker and has not engaged a real estate broker in the connection with the execution of this Agreement, or in connection with the acquisition of the Property. Purchaser represents that, as a consequence of Purchaser's execution of this Agreement, and as a consequence of the intended Purchase, no broker shall be entitled to a commission at the Closing, or otherwise, as a consequence of Purchaser's actions. (b) Seller represents that Seller has not contacted any broker and has not engaged a real estate broker in the connection with the execution of this Agreement, or in connection with the sale of the Property. Seller represents that, as a consequence of Seller's execution of this Agreement, and as a consequence of the intended sale, no broker shall be entitled to a commission at the Closing, or otherwise, as a consequence of Seller's actions. 8. Representations,Warranties and Covenants of Seller. Seller hereby makes the following representations, warranties and covenants to and with Purchaser, each of which representations, warranties and covenants are material and true as of the date hereof and which shall continue to be true at the Closing and shall where applicable survive the Closing: (a) There is not pending or, to the best of Seller's knowledge any threatened, litigation or proceedings before any court, tribunal or other governmental agency respecting the Property, or the ownership of the Property by Seller. Seller will advise Purchaser of any notice or summons or complaint Seller receives of the commencement of any litigation or like proceeding respecting the Property or Seller's ownership of the Property. (b) Seller's execution of and performance under this Agreement is pursuant to authority validly and duly conferred upon Seller. Seller has the right and authority to perform all of his obligations hereunder without obtaining any further consents from any partners, creditors, investors,judicial bodies, administrative agencies, governmental authorities or others. Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended. (c) There are no leases affecting any portion of the Property and there exists no contracts, verbal or written, including without limitation, service contracts or maintenance contracts, affecting the Property, which will 3 survive the Closing. (d) i) Seller hereby agrees that Purchaser shall have twenty one (2 1)business days after Purchaser's receipt of this Agreement, executed by Seller ("Feasibility Period")to use whatever efforts, at Purchaser's sole cost, it deems necessary to satisfy itself,by visual examination and physical inspection of the Property, that all physical aspects and conditions of the Property are acceptable to Purchaser. If Purchaser is not satisfied, in its sole and absolute discretion, with respect to the physical aspects and conditions of the Property, Purchaser shall have the right to terminate this Agreement by delivering a written notice of such termination to Seller on or before the last day of the Feasibility Period, in which event all obligations of the parties hereunder shall cease and this Agreement shall be of no further force and effect. If Purchaser fails to deliver to Seller, on or before the expiration of the Feasibility Period, such a written notice of termination, then Purchaser shall be deemed to have waived its right to terminate this Agreement and all other provisions of this Agreement shall remain in full force and effect. ii) Purchaser shall indemnify and hold Seller free and harmless of any claim asserted against Seller as a consequence of Purchaser's agent's access to the Property, provided no duty of indemnification shall extend to any claim based upon the pre-existing condition of the Property. iii) Purchaser, and Purchaser's Agents, are granted the license of access to the Property, during the Feasibility Period, and Purchaser may inspect the Property immediately before the Closing (the "Closing Inspection"). 9. Conditions to Purchaser's Obligation to Close. Purchaser shall not be obligated to proceed with the Closing unless and until each of the following conditions has been either fulfilled or waived by Purchaser: (a) There shall have been no uncured breach of any material representation, warranty or covenant given by Seller herein which was untrue as of the date hereof or as of Closing. Seller shall have a period of fifteen(15) days to cure a breach under this subparagraph (a), such cure period to com- mence upon the date of Seller's receipt of written notice from Purchaser that such breach exists. (b) This Agreement shall not have been previously terminated pursuant to any other provision hereof or by reason of any default by Seller. (c) Seller shall be prepared to deliver to Purchaser all instruments and docu- ments to be delivered to the Title Insurer and Purchaser, at the Closing, pursuant to Paragraph 11 or any other provision of this Agreement. (d) There shall not exist any environmental contamination of the Property or other environmental condition of the Property unacceptable to Purchaser whereby Purchaser has terminated this Agreement. 4 10. Conditions to Seller's Obligation to Close. Seller shall not be obligated to proceed with the Closing unless and until each of the following conditions has been fulfilled or waived by Seller: (a) Purchaser or the Title Insurer shall be prepared to pay to Seller the Net Purchase Price to be paid to Seller at the Closing pursuant to the provisions of this Agreement and the Closing documents; (b) This Agreement shall not have been previously terminated pursuant to any other provision hereof or by reason of any Purchaser default. 11. Closing Deliveries. (a) At the Closing, Seller shall deliver or cause to be delivered to Purchaser, through the escrow each of the following: (i) The Deed to the Property provided for in Paragraph 3 hereof; (ii) A certificate in the form approved by the United States Internal Revenue Service relating to Seller's representation contained in Paragraph 8(c)that it is not a "foreign person;" (iii) An Affidavit of Title to Purchaser, and an ALTA Statement to Purchaser and to the Title Insurer, certifying that there are no tenants or manager of the Property and that Seller has not performed any work on the Property or ordered any materials therefor which would give rise to a mechanic's lien against the Property; (iv) Such other documents and instruments as may be specifically required by any other provision of this Agreement or as may reasonably be required to carry out the terms and intent of this Agreement. (b) At the Closing, Purchaser shall deliver or cause to be delivered to Seller, through the escrow each of the following: (i) The Net Purchase Price due to Seller per the Closing Statement as approved by the Seller's and Purchaser's attorneys, which Closing Statement will contain all prorations for recording releases of Seller's liens, and other credits to Purchaser for the payment of Seller's Closing expenses, if any, which are to be paid via the Closing; and (ii) Such other documents and instruments as may be specifically required by any other provision of this Agreement or as may reasonably be required to carry out the terms and intent of this Agreement. 12. Expenses. At the Closing the expenses shall be paid as follows: (a) One half(1/2) of escrow fees, all Title charges for an Owner's Policy and all other Seller's closing costs, charges and expenses, shall be borne and paid by Seller. Purchaser represents that the conveyance provided for herein is an Exempt transaction pursuant to 35ILCS 200/31-45 (13)(i). and that no real 5 estate transfer taxes shall be payable to the State of Illinois, the County of Kendall, or the Purchaser as a consequence of this conveyance. (b) One half(1/2) of escrow fees, and charges for recording fees for the Deed, shall be paid by Purchaser. (c) Seller shall pay any recording charges for release documentation or title clearance matters caused by Sellers lien/s or Seller's Title Defects. (d) Each party shall pay its own respective attorneys' fees and costs. 13. Inspection/Access. Purchaser and Purchaser's designated agents and representatives shall be permitted reasonable access of the Property prior to Closing for the Feasibility Period and the Closing Inspection as provided for in this Agreement, provided Purchaser shall indemnify and hold Seller free and harmless from any claim which arises as a consequence of the exercise of such rights of access, as provided in paragraph 8.(e)(ii). 14. Miscellaneous Provisions. (a) This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous written or oral agreements,undertakings, promises, representations, warranties or covenants not contained herein, all of which prior agreements are hereby terminated and of no force or effect. (b) This Agreement may be amended only by a writing executed by both Purchaser and Seller. (c) This Agreement may not be assigned by Purchaser or Seller, nor shall Seller assign its interest in this Agreement or the net proceeds,unless Seller utilizes such assignments in connection with a Like-Kind Exchange pursuant to Sections 1031 of the Internal Revenue Service Code. (d) No waiver of any provision or condition of this Agreement by either party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act, or default. (e) In the computation of any period of time provided for in this Agreement or by law, the day of the act or event from which said period of time runs shall be excluded, and the last day of such period shall be included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed to run until the end of the next day which is not a Saturday, Sunday, or legal holiday. (f) In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circum- stances require, and this Agreement shall be construed as if said provision had 6 been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. (g) Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this agreement. (h) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective lawful successors. (i) Whenever a written notice is required or permitted pursuant to this Agreement notice shall be delivered pursuant to this clause, with telecopy facsimile sent to the indicated telecopy numbers when notice is delivered to the courier, or deposited for delivery by the U.S. Postal Service. All notices required or desired to be given hereunder shall be deemed given if and when delivered personally, or on the day of being deposited with a national overnight courier service, or on the day of being deposited in the Untied States certified or registered mail, return receipt requested, postage prepaid, addressed to a party at its address set forth below, or such other address as the party to receive such notice may have designated to all other parties by notice in accordance herewith: If to Purchaser: The United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-8537 Attention: Bart Olson, City Administrator With a copy to: Kathleen Field Orr Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 935 Chicago, Illinois 60604 Telephone: 312-382-2113 If to Seller: Owner of Record (Tele: (FAX: With a copy to: (Tele: (FAX: (j) Time is of the essence of this Agreement. (k) Purchaser shall have the license of access to mow the grass and ground cover on the Property, at Purchaser's sole cost, to the date of Closing, or the date of termination of this Agreement,whichever occurs first. 7 SELLER: OWNER OF RECORD, or Owner of Record's duly authorized Agent. By: Its: Date: , 2013 PURCHASER: United City of Yorkville, a Municipal corporation of the County of Kendall, State of Illinois By: Its: Bart Olson, City Administrator Date: , 2013 8 PLAT FOR HIGHWAY CONVEYANCE Illinois Pro eeelmel DasiOnF mM104W 109 SEC GROUP, INC. Smith John aedng Consultants • SEC Automation • SEC Planning ILLINOIS ROUTE 34 759 John Yw a, IL 60860 L838.553]$80 L638.553]BLB IN THE UNITED CITY OF YORKVILLE, �.�vv lut m erele» B� �p w .gym PLOT FlIE. 060161-LCNV-PIARdwg BRISTOL TWP., KENDALL CO., ILLINOIS PLOT OOVJI Anl I view GgVVEY4T/L'£ t GRAPHIC SCALE _,CU a 6B ,W 200 400 ( IN FEET I inch = 100 ft. I I ti 19 20 fn S. LINE OF THE SE QUARTER OF_SEC77ON 19-37-7�, - - - - - - - - - - P.D.C. 30 9 �. - - - _ - - -�_ - - `TPD p. o - - - - - - N LINE OF THE NE QUARTER OF SECTION 30-37-7 Q E. LINE OF THE I I `c o sr.♦♦ l�� NORTHEAST QUARTER o P.QRCM ' , 3000072 h K STA: 311+56.53 OF SECTION 30-37-7 I I OFF. 75.00 L W 100 N76T71'45"E TRACT NO. 1 ; LASALLE NA77ONAL BANK TRUST NO. 47016 N 79.06' ° TOTAL AREA OF CONVEYANCE = 3.24 ACRES N0427'S0"E N AREA IN EXIS77NG R.O. W. = 2.16 ACRES If 50.00 PROPOSED R.O. W. NET AREA = 1. 08 ACRES o I STA: 329+49. 14 OFF., 124.00 L 0 22"O NE 174826' P.O. . J N463649"E 1 315,+00 EXISTING R.O. W. N8532'10°W 187500' t`T 66.09 STA. 310+07.53 p J SOUTHERLY R.O. W. NORIHfRLY R.O. W, LINE OF U.S ROUTE 34 PER DED/CAPON RECORDED - OF 50.00 L LINE O +' - I - 320+00 JUNE 3, 1942 S 174'12° DED/CATTON nr US ROUTE 34 PER ��' - 74.37' E=ORDED JUNE 3, 1942 /N BK. 96 PG. 177 N853�p .,il,c ,., , /' BK 9B P - - W 1879.9 ' - �cu1� G 177 325+00 p STA: 329+0 9 - OFF.• 75.00 L p S01'I4'12" STA: 329+56.53 h 50.25' OFF.• 50.00 L JI I GERTIMAA2Y STATE OF ILLINOIS COUNTY OF KENDALL )SS 1, CRAIG L DUY, ILLINOIS PROFESSIONAL LAND SURVEYOR NUMBER 3359, DO HEREBY CER77FY THAT 7HE PLAT OF CONVEYANCE HEREON DRAWN WAS PREPARED USING PREVIOUS SURVEY /NFORMAVON AND MAPS; PLATS AND OMER INS7RUMENTS OF RECORD FOR THE USES AND PURPOSES HEREIN SET FORTH, OF 7HE FOLLOWING DESCRIBED PROPERTY 7HAT PART OF THE NORTHEAST QUARTER OF SECTION 30, 70WNSMP 37 NORM, RANGE 7 EAST OF 7HE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 30, 7HENCE SOUTH 01 DEGREE 14 MINUTES 12 SECONDS EAST, JOA62 FEET ALONG 7HE EAST LINE OF THE NOR7HEAST QUAR7ER OF SAID SECTION 30 TO 7HE POINT OF BEGINNING; 7HENCE CONTINUING SOUTH 01 DEGREE 14 MINUTES 12 SECONDS EAST, 74.37 FEET ALONG SAID EAST LINE TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE CONTINUING SOUTH 07 DEGREE 14 MINUTES 12 SECONDS EAST, 50.25 FEET ALONG SAID EAST LINE TO THE CENTERLINE OF US ROUTE 34; THENCE NORTH 85 DEGREES 32 MINUTES 10 SECONDS WEST, 1879.99 FEET #' 3DD0072 TTP. I ALONG SAID CENTERLINE,, ]HENCE NORTH 04 DEGREES 27 MINUTES 50 SECONDS EAST, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE J'k THENCE NORTH 76 DEGREES 01 MINUTE 45 SECONDS EAST, 79.06 FEET 70 A POINT 25.00 FEET NOR7HERLY OF SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE J4; THENCE SOUTH 85 DEGREES J2 MINUTES 10 SECONDS EAST, 174&26 FEET PARALLEL WITH AND 2500 FEET NORTH OF SAID NORTHERLY RIGHT OF WAY LOVE,• THENCE NORTH 46 DEGREES 36 MINUTES 49 SECONDS COAII/EYANCE PLAT NOTES THE UN17ED CITY OFDYORKVILLE. KENDALL COUNTY,CONTAINING ILLINOIS4 ACRES MORE OR LESS ALL IN F,A,P, 591 (US QT. 34) 1. ANNOTATION ABBREVIATIONS - SECTION P.O.B. = POINT OF BEGINNING ALL COUVTY P.O.C. = POINT OF COMMENCEMENT Dated at Yorkville, Kendall County, Illinois this 24th day of THIS PLAT PRESENTED BY: . O9 /J M-007-98 2. ALL BEARINGS ARE ASSUMED. July, 2007. NAME 3. THE EXISTING RIGHTS-OF-WAY SHOWN HEREON ARE PER FOR RFC ADDRESS: REVISIONS DNN BY: INT: DATE PROJECT NQ DEED OF RECORD. y 1. R.1W Or 8/107 RUB 12 04 060161.04 Illlnola Professional Land SurvaJor o. 59 2 R.M9 m t 7 OSN BW. INT. HORIZ SCALE SHEET NQ 4. PROPOSED RIGHTS-OF-WAY SHOWN HEREON ARE TO BE License etyiration date : 11/30/2008 a RMB m 8 7 N A 1' = 100' CONVEYED TO ILLINOIS DEPARTMENT OF TRANSPORTATION FOR A RMB 07 0 7 CHN BY: INT. OIItT SCALE 1 OF 3 PUBLIC STREET PURPOSES. I 8 I OUT I 077J111)7 S Rue O7 s 7 RMB N A Reviewed By: Agenda Item Number .'� •s► Legal ■❑ Mayor#6 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ Community Development ❑ P F-1 CC 2013-36 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Designating Downtown Business Development District Meeting and Date: City Council May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: CC 01/08/2013 Action Taken: Ord. No. 2013-01 approved Item Number: EDC 2013-03 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 8, 2013 Subject: Downtown Business District effective date LJILL E�% Summary An ordinance changing the effective date of the downtown business district from January 1, 2014 to July 1, 2013. Background The City passed the downtown business district ordinance in January 2013. At the time, the City was under the impression that the earliest possible business district start date was January 1, 2014. The ordinance was drafted with this start date. When we filed the business district ordinance with the Illinois Department of Revenue, they informed us that our approval date meant the district would be created as of July 1, 2013 and they asked us to amend our ordinance to reflect that date. Accordingly, we talked to the Imperial Investments owner and asked him which date he would prefer; he prefers the July 1, 2013 start date. Recommendation The attached ordinance would change the effective date of the downtown business district to July 1, 2013, at the request of the downtown businesses' owner. P1 0 0 0 0 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE DESIGNATING THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,DOWNTOWN YORKVILLE BUSINESS DEVELOPMENT DISTRICT AND IMPOSING A RETAILERS' SERVICE AND OCCUPATION TAX THEREIN Passed by the City Council of the United City of Yorkville, Kendall County,Illinois This_day of May,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on 92013. Ordinance No. 2013- AN ORDINANCE DESIGNATING THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,DOWNTOWN YORKVILLE BUSINESS DEVELOPMENT DISTRICT AND IMPOSING A RETAILERS' SERVICE AND OCCUPATION TAX THEREIN BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Ordinance No. 2013-01 passed by the Mayor and City Council on the 8`" day of January, 2013, is hereby repealed. Section 2. Authority. The United City of Yorkville, Kendall County, Illinois (the "City") is authorized, pursuant to the provisions of the Business District Development and Redevelopment Law, 65 ILCS 5/11-74.3-1, et seq. (the "Act"), to designate business districts to promote development or redevelopment in the City and to impose a retailers' occupation tax, a service occupation tax, and a hotel operators' occupation tax therein and to issue bonds to provide for the payment of business district project costs. Section 3. Findings. (a) The designation of the area hereinafter described as the Downtown Yorkville Business Development District (the "Business District") was considered at a public hearing held on November 13, 2012 (the "Public Hearing"). The Public Hearing was held pursuant to notices duly published twice in a newspaper of general circulation within the City not more than thirty (30) nor less than ten (10) days prior to the Public Hearing. Said notices conform in all respects to the requirements of the Act. (b) At the Public Hearing, all interested persons were given an opportunity to be heard on the question of the designation of the Business District, the approval of a business district development and redevelopment plan for the Business District, the imposition of a retailers' occupation tax and a service occupation tax in the Business District for the planning and for the payment of business district project costs as set forth in such plan, and the issuance of obligations by the City to provide for the payment of business district project costs secured by the business district tax allocation fund established hereinafter pursuant to the Act. (c) After considering the data as presented to the Mayor and City Council of the City (the "Corporate Authorities") and at the Public Hearing, the Corporate Authorities find that it is in the best interests of the City and of the residents and property owners within the Business District that the Business District be designated. (d) The Business District is contiguous and includes only parcels of real property directly and substantially benefited by the proposed business district development plan as required by the Act. (e) The Business District conforms to the comprehensive plan of the City which was adopted in 2008. Ordinance No.2013- Page 2 IN (f) The Business District is a blighted area that, by reason of defective, non-existent or inadequate street layout, deterioration of site improvements and improper or obsolete platting, thereby hindering the growth and development in the area, all as set forth in the business district plan prepared by Kathleen Field Orr & Associates of Chicago, Illinois. Due to such conditions, the Business District constitutes an economic liability upon the City and its residents. (g) The blighting factors as stated above are widely present throughout the Business District and therefore the Business District on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district plan. (h) It is in the best interests of the City that the Business District be designated in order to provide for the financing of the Business District project costs as set forth in the Business District Plan hereinafter described; that a retailers' occupation tax and a service occupation tax be imposed in the Business District for the planning, execution, and implementation of the Business District Plan and for the payment of Business District Project costs as set forth in the Business District Plan; and, that obligations, if approved by the City, be issued to provide for the payment of Business District project costs secured by the Downtown Yorkville Business Development District Tax Allocation Fund established pursuant to the Act and hereinafter described. Section 4. Designation of the United City of Yorkville, Downtown Yorkville Business Development District. The "United City of Yorkville, Illinois, Downtown Yorkville Business Development District" is hereby designated for a period of twenty three (23) years from the date of adoption of this ordinance and shall consist of the contiguous territory legally described in the attached Exhibit A and outlined on a map in the attached Exhibit B, which exhibits are by this reference incorporated herein and made a part hereof. Section S. Approval of the United City of Yorkville, Kendall County, Illinois, Downtown Yorkville Business Development District Plan. A plan for the development and redevelopment of the Business District (the "Business District Plan"), attached hereto as Exhibit C, and by this reference incorporated herein and made a part hereof, was presented to the Corporate Authorities and considered at the Public Hearing. The Business District Plan is found to conform to the requirements of the Act and to promote the public interest. The Business District Plan is hereby approved. Section 6 Imposition of Retailers' Occupation Tax, Creation of Downtown Yorkville Business Development District Tax Allocation Fund. Pursuant to the Act, a tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State's government, at retail within the boundaries of the Business District at the rate of one percent (1%) of the gross receipts from such sales made in the course of such business while this ordinance is in effect. Such tax shall not be applicable to the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, Ordinance No.2013- Page 3 IN drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. All businesses in the Business District affected by this tax are listed on Exhibit D, attached hereto and incorporated herein. The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs. The proceeds of such tax shall be deposited into a special fund of the City which is hereby created and designated the "Downtown Yorkville Business Development District Tax Allocation Fund." The tax imposed under this Section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this Section. Section 7. Imposition of Service Occupation Tax. Pursuant to the Act, a tax is hereby imposed upon all persons engaged within the boundaries of the Business District in the business of making sales of service, at the rate of one percent (1%) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. Such tax may not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. All businesses in the Business District affected by this tax are listed on Exhibit D. The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs. The proceeds of such tax shall be deposited into the "Downtown Yorkville Business Development District Tax Allocation Fund." The tax imposed under this Section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this Section. Section 8. Filing. A certified copy of this Ordinance, together with a description of the boundaries of the Business District, shall be filed with the Department of Revenue immediately following its passage and shall be considered filed on or before April 1, 2013, in accordance with Section 1 of this Ordinance. Section 9. Supercede Conflicting Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 10. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and the Illinois Department of Revenue and City shall proceed to administer and enforce Sections 6 and 7 of this Ordinance on the first day of July 2013, next following the adoption and filing of this Ordinance with the Illinois Department of Revenue. Ordinance No.2013- Page 4 IN United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2013. CHRIS FUNKHOUSER LARRY KOT CARLO COLOSIMO DIANE TEELING JACKIE MILSCHEWSKI JOEL FRIEDERS ROSE ANN SPEARS KEN KOCH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2013. Mayor Attest: City Clerk Ordinance No.2013- Page 5 IN EXHIBIT A Lellal Description (see attached) Pl Pl EXHIBIT B Map of the Business District (see attached) EXHIBIT C Business District Development and Redevelopment Plan (see attached) EXHIBIT D Businesses within the Business District (see attached) Reviewed By: Agenda Item Number .'� •s► Legal : Mayor#7 Finance EST. -� __ti 1838 Engineer ❑ -- City Administrator Tracking Number Human Resources ❑ Community Development ❑ P F-1 CC 2013-37 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Amending Water Service Turn-on Fee after Termination for Nonpayment Meeting and Date: City Council May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 8, 2013 Subject: Water turn-on fee LJILL E�% Summary Formal codification of the City's water service turn-on fee, in the amount of$25. Background For over ten years the City has charged a$25 water turn-on fee. This fee is charged to accounts who have not paid their utility bill,have had their water shutoff and wish to have it turned back on. During a recent conversation with a resident, it came to the attention of staff that the water turn-on fee was not listed in the City's code. This fee may have been authorized by the City Council or a committee at some point in the past,but it is definitely not in the City code. Upon bringing this to the attention of Attorney Orr, she recommended the City immediately pass an ordinance codifying the turn-on fee. Any fees collected to this point should remain with the City. Recommendation Staff recommends approval of the attached ordinance. Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS,AMENDING THE WATER SERVICE TURN-ON FEE AFTER TERMINATION FOR NONPAYMENT 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's current fee that is charged for turning on the water service that had previously been terminated for nonpayment of the water charges has been five dollars since its adoption in 1982; and WHEREAS, the actual cost incurred by the City for the turn-on of a water service has increased such that the City is not recovering its costs to perform this service; and WHEREAS, The Mayor and City Council desire to have the service turn-on fee increased to more actually reflect the City's cost for this service. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That Title 7, Chapter 5, Section 5-2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Paragraph C and replacing it with the following: "C. Shutoff Of Water For Nonpayment; Turn-on Fee; Payment Plan: Ten(10) days after a bill shall become delinquent, the water may be shut off from the premises, and shall not be turned on until all back rentals and charges are paid, together with a twenty-five dollar ($25.00) fee for turning on the water when service is located within the city limits; said fee shall be fifty dollars ($50.00)plus all back rentals and charges when service is located beyond the city limits; provided however, at the discretion of the city finance director, a water service customer may enter into a payment plan with the city in order to avoid water shutoff. In this event, the water service customer shall pay the entirety of the current monthly charges,plus a portion of the delinquent charges as determined by the city finance director, so long as all delinquent sums are paid in full within eighteen(18) months. Nothing in this section shall obligate the city to enter into a payment plan with a water service customer." Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No.2013- Page 1 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 2 Reviewed By: Agenda Item Number .'� •s► Legal ❑❑ Mayor#8 Finance EST. -� __ti 1838 Engineer ■ -- City Administrator ❑ Tracking Number m Human Resources ❑ 3! "V.* =C) Community Development El� Police ❑ CC 2013-�� . . ALE ��' Public Works ❑ Agenda Item Summary Memo Title: Stagecoach Crossing(Saravanos) Meeting and Date: City Council —May 16, 2013 Synopsis: Easement Release Consideration Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Consideration of Release Submitted by: Brad Sanderson Engineering Name Department Agenda Item Notes: Memorandum To: Bart Olson, City Administrator EST. �sss From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. <C Ec° Lisa Pickering, Deputy City Clerk Date: May 7, 2013 Subject: Stagecoach Crossing (Saravanos) The purpose of this memo is to present a proposed easement release for the above referenced project. Background: This item is a lingering permit issue that both IDOT and the property owner are attempting to resolve and in order to resolve, requires City Council approval. Lot 8 of the subdivision was to be dedicated to IDOT per the attached copy of the final plat recorded in 2008. However, lot 8 is subject to the blanket easement on the property that was recorded in favor of the City in 2005. The recorded final plat did not include the proper language in respect to vacating the easement from Lot 8. IDOT is requiring that the easement be vacated prior accepting the dedication. Question Presented: Should the City approve the easement release? Discussion: The blanket easement over lot 8 in favor of the City is not necessary. When the final plat was prepared and recorded, there was an oversight in not addressing the release of the easement. The City Attorney has prepared a release of easement document along with the approving resolution for consideration. We are recommending approval of the release. Action Required: Consideration of approval from the City Council for the easement release. Resolution No. 2013- A RESOLUTION APPROVING A RELEASE OF PUBLIC UTILITY AND DRAINAGE BLANKET EASEMENTS (Lot 8—Stagecoach Crossings) BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the RELEASE OF PUBLIC UTILITY AND DRAINAGE BLANKET EASEMENTS attached hereto and made a part hereof by reference as Exhibit A, is hereby approved, and Gary Golinski, Mayor, and Beth Warren, City Clerk, be and are hereby authorized to execute said release on behalf of the United City of Yorkville. Section 2. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Resolution No.2013- Page 1 RELEASE OF PUBLIC UTILITY AND DRAINAGE BLANKET EASEMENTS PROJECT NAME: Stagecoach Crossing Lot 8 Whereas public utility and drainage blanket easements were granted to the United City of Yorkville, Kendall County, Illinois, 800 Game Farm Road, Yorkville, Illinois 60560,pursuant to a PLAT OF EASEMENT dated October 26, 2005 and recorded November 17, 2005 as document 2005035835 in the office of the Kendall County Recorder upon the real estate legally described as: LOT 8 IN THE FINAL PLAT OF STAGECOACH CROSSING, INC., A SUBDIVISION OF PART OF SECTIONS 8 AND 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 30, 2008 AS DOCUMENT NUMBER 2008023702, IN KENDALL COUNTY, ILLINOIS. P.I.N. 05-09-102-002 ADDRESS: 7131 Route 47, Yorkville, Illinois 60560; and Whereas the State of Illinois though the Illinois Department of Transportation has requested a release of the City's easement rights over Lot 8 that will be transferred by the Owner of that property to the State of Illinois: and Whereas, Mayor and City Council of the United City of Yorkville have determined that it is no longer necessary, appropriate or in the best interest of the City that it retain the easement rights to be released herein and the easement rights are not required for the use of, or profitable to the City. Now, Therefore, in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the United City of Yorkville, Kendall County, Illinois, hereby releases all of its easement rights pursuant to the aforementioned Plat of Easement and legal description. IN WITNESS WHEREOF, the United City of Yorkville has caused this RELEASE OF PUBLIC UTILITY AND DRAINAGE BLANKET EASEMENTS to be executed on this day of May, 2013. United City of Yorkville, an Illinois Municipal Corporation By: Mayor Page I of 2 Attest: City Clerk STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) I, , a Notary Public in and for said County and State, do hereby certify that personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and, being duly sworn, acknowledged that he/she signed for the uses and purposes therein set forth, and that he/she was duly authorized to execute the said instrument. Given under my hand and seal, this day of , 2013. Notary Public My Commission expires: This instrument was prepared by: After recording mail to: James W. Binninger Attorney for the City Kathleen Field Orr&Associates 53 West Jackson Blvd. Suite 935 Chicago, IL 60604 Page 2 of 2 BN_iw PrDfesvxllf DCagn Fllm 8 181-000108 A SEC GROUP,INC. NORTHEAST L10RNEA ::% FINAL PLAT OF SUBDIVISION SfQh Engineelllg CDnsul nts-SEC Aulomalion-SEC PWmi g 651 Plane%na Drive.Ydk%.IL 80580 NO uGCI(AW rr Ao-y STAGECOACH CROSSING GRAPHIC SCALD s +Parr TA°a`ef iaLL u° '-° POINT OF Rrc I•a}L a aaw..Ra. I COMMENCEMENT { (IN FEET) I'uc6=50 n 0 6 LEGEND BUILDING — 1 �1 rum 4 — — — SECTION LINE g m� aw CENTERUNF- OF ROUTE 47n SHADED AREA DENOTES �, so W6' w �� _,- �• EXISTING BUILDING LOCATION o� ✓ -� $: RIGHT OF WAY UN£ \ a Z till LOT LINE/BOUNDARY LINE SHADED DASHED LINE DENOTES PROPOSED BUILDING LOCATION .�'CUass ACCESS BUILDING SF78ApC LINE I tAmuv/r l+r�rtafr gi \- �\ .. ..-_____ EXISPNG EASEMENT LINE - ... 1 �AlcDO SLY lklE Or NcDAY�V.DS LANDS .&3' row'f-Rav&O apJ'AESrLRtr k av I/NE \ {t+c SOURRI'm Y Luc or fr oa"W'z LANs •t_ i11 NOTES: v 8' \ K .h I♦l -TOTAL LAND AREA OF SUBDIVISION=9.47 ACRES MORE OR LESS, THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORINILLE,KENDALL COUNTY,ILLINOIS AND IS ZONED B-3-BUSINESS SERVICE DISTRICT. -SEAHINGS ARE BASED ON GEODETIC NORTH(GPS OBSERVATIONSI AND REFERENCE THE ILLINOIS STATE PLANE COORDINATE SYSTEM NAD BS L477'17 1 ti X \\ Vi \� Y 5/B"STEEL REBAR TO BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. � A \ 4 146 AA-NaW t ��?""� \" fRD" 1 \ -DIMENSIONS ALONG ALL CURVES HEREON ARE ARC LENGTHS,mNO DIMENSIONS SHALL BE ASSUMED BY SCALING. -A BLANKET EASEMENT FOR PUBLIC UTILITIES AND DRAINAGE IS HERETOFORE GRANTED PER 57 LINKS 21'Q1 DOCUMENT 2005-35035,RECORDED ON NOVEMBER 17,2005. +YA w?1 z4s • $ 31 dD ta� ti d \✓ S$3e -LOT 7 IS RESERVED FOR ROADWAY PURPOSED AND STORM WATER MANAGEMENT_LOT 7 IS NOT A BUILDABLE LOT AND NO BUILDING SETBACK LINES ARE SHOWN ON LOT 7. (�•�SC `�- �4' ;1,6R \ J ,(j \\ , -LOT B 15 TO BE CONVEYED TO i.D.O T.FOR ROADWAY PURPOSES- THERE IB NO DIRECT ACCESS TO ILLINOIS STATE ROUTE 47 FROM LOTS 1,2 AND 3. • \ I/\� �-dd"j� w.\ °`•\\1 1 \ -LOTS 3 AND 4 ARE SUBJECT TO A 20 FOOT ACCESS EASEMENT PER DOCUMENT 9609265.RECORDED 7 , ►y RKI GdM it W y ON SEPTEMBER 9, 1996. \PARXpM. \ \\ .I 27.f8' SE1DA(Y( 44 yl`1 \[i \ -BUILDING SETBACK LINER(13,15 L.)ARE 50 FEET IN FRONT YARDS,20 FEET IN 510E AND HEAR YARDS. W h LOT a L! '' \ `.�, ' $ Lf)T LOT 6 A�2 1\ \i 'L C ROSS ACCESS EASEMENT:ADM Q .L� \ A RECIPROCAL EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE \ OWNERS OF LOTS 1,2,3,4•S,9 AND 7,AND THEIR ASSIGNS,FOR INGRESS/EGRESS -175 ACRES t µ :`• \ 5,e AND 7. \ 5 S61"Of-L AND CROSS ACCESS OVER THE PAVED AREAS OF SAID LOTS I,2,3,4, - \ THIS SUBDIVISION IS SUBJECT TO A CROSS ACCESS EASEMENT BENEFITING THE PARCELS TO THE 1 r'I 1 7]f' 5 � �-, \ NORTH AND WEST PER DOCUMENT 2005-95835 amac PEDESTRIAN EASEMENT PROVISIONS L 6114' — 'f f IRE` THE UNITED CITY OF 1"ORKVILLE,175 SUCCESSORS.LIED NSEEa AND ASSIGNS,ARE HEREBY 'v GEVETt EASEMENT RIGHTS OVER ALL Al EA5 ON TA E PLAT'MARicEIJ-YEDES rR1AN EASE MENT `--• Q.sy_ ___ Z+V yTa' i f 2 1 ' \ TO CONSTRUCT,INSTAL!~RECONSTRUCT,REPAIR.REMOVE,REPLACE,INSPECT,MAINTAIN Asslaw 010, p, \ AND OPERATE PEpESTRiAN TRAILS PAVED OR UNPAVED,FOR THE US£AND ENJOYMENT OF L[1t Y f Sl:1184-x1' d. THE GEN ERAL PUBLIC-THE ABOVE NAMED CNTIT IE8 ARE HEREBY GRANTER THE RIGHT TO AQQ@$ r �. ENTER UPON fA9EME NTS THEREIN DESCRIBED FOR TFfE USES IIEREIH SET FORTH AND THE RIGHT TO CUT,TRIM,OR REMOVE ANY TRECS $FIRU&S OR OTHER PLANT$WITHIN THE `iy, k ASEM EN'I ARL'AS 11EREiN GRA NYED WHIR, INTERFERE WIYH Tfil£INT,INSP C'TOON, '�y G1 �I� \ INSTALLATION.RECONSTRUCTION,REPAIR,NkMOVAL,REFLACCLdCNT,1N&PgCT10N, C43EWIVY 11 CS`�� \ MALNTE 'O HANCF ANOPERA'LION THEREOF,NO TEMPORARY OR PERMANENT BUILDINGS, �y rA l4 Si'RUCTURG3 OR OASTRI.ICTIO NS'SHALL BE W-ACED ON OH OVER SAID EASEMENTS TH qT \ 9 .� ` h l INTERFERE WITH THE RIGHTS HEREIN GRANTED sllwACx I \ \\\ LOTS Y k SLoT' ke $ � 194 ACRES t LOT e',1� y \ PREPARED FOR: R + rl•({w i y �' y!i �y 120 A '' y I 1 1 SARAVANOS PROPERTIES,L.L.C. V s�y h. C --," 1 \ '� 1, MR,ELFFTERIOS'LA.RRY'SARAVANOS-OWNER ��L �- , 113 I W.LOCKPORT ROAD jr �j .�T ail. # ; 1� 1'•� 200800023702 PLAIN FI ELD,ILLINOIS 60544 4 �~ 4y f \ pfeq��y RENNETIAS -i "APOT 1IO I FGA"5T iCA'eE4l7VT � \,1y/- {,A C p� TyEpq�y I ` ♦ E4SBdNT \ AALLCLSLIM SET N40NUCOT4G%"E 7F Faa1D,'��PIPE ftSL I �/^ 1\ L M04L LC(HINTY ll 4.0-EASrtw.Ykoly LANE .' �\\ RFCY�HO u un;l,�r. xz„1M FINAL PLAT OF SUBDIVISiQN 41U�Vlo'N84'_r52w� (.as � '' - ,s -- ----_ _ _ ` \ PLAT 18M :FEE M,.I STAGECOACH CR05$JNG 27.146• TryStl \ PART OF SECTIONS 8 & 9-36-7 FOUND 1•RTw N88°SB'13-W 279247 N8B•58'T3'YV �\ t\ UNITED CITY OF YORKVILLE, Iw ON LAW -� >� 'y � KE,NDALL COUNTY, ILLINOIS 23w4 f 20'NV?DO 14 F 96 U sL1ELF i'E':f>OC�dIWf a5ofaa5 SET CONCRETE v POINT OF \ , tlEMS7DRS _ f}NN E'Y: TNT: -27-: PROJECT HO. 1 \ w, R9 a ' I' 3-77-OB SHEET Mf7NUMENT- ` BEGINNING - P. OA 6/7 ..•DSN HY: TNT: HUfdZ SCALE: SHEET'N0. !-_510• CM W. INT: VERT SCALE: 1 OF 2 A CLD Illinois Protessk,rtel oestpn Finn a eMa-Wlaa SEC GROUP,INC. FINAL PLAT OF SUBDIVISION Sm1h EnOnati tg CanwIlAanle•SEC Automation•SEC PlnanN STAGE COACH CROSSING �'P sWePokws DOW.Y.6,4o,000600 L030553_76W f.b70.ta'wi.TNW tNNW ltgpaYttnFaNn �rdnt>rat411 COW.FILE Od0437_OB_Nnd p1.1 dig PART OF SECTIONS 8 AND 9, TOWNSHIP 36 NORTH, RANGE 7 WrW.P I.fS.W" LOT FILE of NDARNeice, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SURVEYOR'S CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF KENDALL) This 1.to certfy that 1. Craig L Puy,a licensed Prot-ionol Land Sur-yor in the State of Illinois,h.- pLyp�pg p (�17F7C.4'lE --led and subdMded the properly described as follows: THAT PART OF THE NORTHEAST QUARTER OF 5EC77ON B AND PART OF THE NORMNEST WARIER OF STATE OF ILL/N OIS ) STALE OF ILLINOIS) SECTION 9, TOWS HIP 36,RANGE 7,EAST OF THE THIRD PRHNO'PAL MERIDIAN,DESCRIBED AS FOLLOWS.' ) At COUNTY or XEN-bb L'L. CONWWONG AT THE NORTHEAST—CORNER OF SAID NORTHEAST QUARTER OF SECWN ar THENCE SOUTHERLY �y $QTG+y rte' COUNTY OF KENDALL) ALONG THE EAST UNE OF SAID SECTION 4 A DISTANCE O'f6.20 CHAINS TO A POINT HEREINAFTER THIS fS TO CERTIFY MATCGSII'�C+'At�.,IS THE FEE SWPLE OWER OF THE PROPERTY DEiY'KdBf1T M o - •��0, 3,,,, REFERRED TO AS'POINT A-. THENCE NORTHERLY ALOYC SAID EAST LINE,A DISTANCE OF 6.75 ONAWS$ Tff FOREOXVC 3TIRYE>TN'I 4EWNFIC6rE AND HAS CAUSED 110. SAME TO BF. "VE".SUTfJHVWA AND THIS llismGa(ENT A'Q� ,-- - -- WAS 17LL7)FOR R C10R0 THENCE SW M 8371'01•FAST,5%LINKS TO THE C1E7VTERUNE OF ILLINOIS STALE ROUTE 47, THENCE ALONG 1'L+t TtfD AS SHOW IFFRfON FOR Ty VCS S AND FYIRPOSFS IdERRV SEf FORM AS ALLOWD AAh)PROMUEU IN ME R "S#P OF KENDAff TY,RUM1'O CMN MIS S SAID CENTERLINE SOUTH 36'21 01'EAST,8.43 CHANS', THENCE NORTH 8858'13"NEST, 75.51 FEET TO THE MR BY 5TA)UTL;AND DOES fKlRfBY AOKNONtEI,>ws'AND AIXMT THE SAMC bAt47E1T DIE STILL AND T ILL DAY OF� 2O AI_v;acf_,�_ O'CLOCK A_.M. SOUTHWESTERLY RIGHT OF WAY LANE OF ILLINOIS STATE ROUTE 47 AND THE POINT OF BEGINNING. THEREON WWCA TE7) THENCE NORTH 8850.1'NEST,279.20 FEET TO SAID"POINT A THENCE NORTH 8470'52'WEST,654.95 THE UNDERSIGNED HEREBY DEDICATES_FOR PUBLIC USE THE{ANDS SHORN ON THIS PLAT FOR FEET TO THE EASTERLY LINE OF ASSESSORS LOT 6,AS SHOW BY A PLAT RECORDED IN PLAT BOOK 3 ON THOROUGHFARES,STREET$ALLEYS AND PUBLIC SEB's1C'M AND IiTHEBY ALSO RESERVES FOR ANY ELECTRIC, PACE 65,' THENCE ALONG SAID EASTERLY LINE,NORTH 0670'50'EAST,635.58 FEEL; THENCE SOUTH GAS TELEPHONE,CABLE TV OR OTHER TELEC OkWUN/CATIONS COMPANY UMZV FRANCHISE AGREEMENT WITH KENDAL!.CORN TY WCCROL7P THE ED UNITED HE CITY OF YORKNLLE, IHL7R SUCCESSORS AND ASAGN.S 774E EASEMENT PROVISIONS NN1CH ARE � � e B3'49Y0"EASE, E 136.85 ALA FEET TO ME NLY EWE. LINE OF LANDS COAST YED.5 Md)T ME CORPORATOR BY STATED HEREON. DOWMENT 200100017432 DATED AUGUST 22,2001; THENCE ALONG SAID WESTERLY LINE,SWM 27DO05" EAST,94.69 FECT TO ME MOST SOUHERLY CORNER OF SAID MCDONALD'S LANDS THENCE ALONG THE THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF MF NAND ING.UDFD IN THIS PLAT LIES WITHIN THE SOU MERLY LINE OF SAID McDONALD"S LANDS NORM 825955'EAST, 1`97-35 FEET TO THE MOST EASTERLY BOUNDARIES OF YORKVILLE'COMMUNITY UNIT SCHOOL DISTRICT 1T5. CORNER OF SAID McOOALOS LANDS SAID OWNER BEING ALONG THE SO/THNES'7ERLY RIGHT OF WAY LINE DATED AT kyt_ V(z.,� f4PrtiPrS TFyS `ij y DAY OF�4��( 20 8. OF ILLINOIS STA YE ROUTE 47r THENCE 70.26 FEET ALONG SAID RIGHT Or WAY LINE BONO A WRW TO THE LEFT MM A RADIUS OF 1969.93 FEET,A CHORD BEARING OF SOUTH 5579'43'FAST AND A CHORD D' f.^JTY PLAN Q3UW5%'& L RM224TE DISTANCE OF 7OZ5 FF.ET,� MENGE CONTINUING ALONG SAID RIGHT OF WAY LINE,SOUTH 3621'01"EAST OWER' y 787.91 FEET RElURNINC TO THE POINT OF BEGINNING,IN THE UNITED CITY OF YORKNLLE,KENDALL -- `� STATE OF ILLINOIS) - 000NiY,ILLINOIS. )ss /also hVby certify that 1 hots inspected the Federal F7oad Insu qo Rote Map,Community Panel Number BY. COUNTY OF KENDALL) f7Lt341 0075 C,doted July 19, 1982 and hate determ lied that the subird property Is located within APPROVED AND ACCEPTEU ROOD ZONE C-Areas of mhimd flooding.;as Identified by the Federal Emergency Management Agency. ITS UNITED D GTY OF YLWKt7LLL BY LLIJO$ 7H15CWDAY t>F O�TDA,g.2 This de[ermfn.Uen Is related only to fhe designated flood zone.limited by awNabla published data and no det-k-than is hereon hnplfed whether or not the subabct property wNf actually flood. I also hereby certify that all subdl iskn ewfer/or monuments how been set and described an this Final Plat rllgLL•••`G]G]G]RRR✓✓dF as haqukAd by the Plot Act(Illinois Reused Statues 1989,Ch !a-fO9.Section 1),and that all inferior p CHAIRMAN menurn Is will be sat within 12 months of the ntcardatlon of this plot. All dnrrenelans shown are In 1 t u4d d.-*,WS fharoo4 AtQTAFlY C397T/9(r1TE The land included within this subdivision is within fhe corporate Iknlls of the United City of York1*1s, which STATE OF ILL IP&S ) has adopted a city plan and Is era-eising the speclal powers authorized by D,NSim 12 of Article II of the ) ss IIInoM Munkkal Code,as now or hereaRer amended. CITY,AatAlt�sT�2ATLa7's � � COt1NN OF Ibis professional weeks can!s to the current NAlnofs minhurm A-durds I-a boundary--y. STATE OF ILLINOIS) 1 I.��rr�PeaLfar+;H1 A NOTARY PUBLIC IN AND FOR ME COUN)Y )ss GI en under my hand and seal this ZtaaQ day of �e r'�y AO.,20-12L AND STATE AFORESAID,DO HEREBY CERTIFY MAT FfPf fI• sq[4 it_A Amt$ COUNTY OF KENDALL) AND PERSONALLY KNOWN TO ME 10 BE THE APPROVED AND ACCEPTED BY 174E CITY ADWN M TOR OF ME C b1"yea UNITED GTY Cr www.L&ILLINOIS THIS DAY OF o �20� � sd AND O' AS HOED✓ABOVE APPEARED t.*.LC'a r9 BEFORE ME TINS DAY ED HE CORPORA THAT AS SUCH OFFICERS, THEY SIGNED THEIR AND DELIVERED VO ME SAID G 1pPA9� .� fNSTRUMENT AND CAUSED THE CORPORAip SEAL TO BE AFFIXED THERETO AS THEIR FREE AND VOLUNTARY Professland Land SXkW W 3.Ti(3,q ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATOR,FOR THE USES AND PURPOSES MEREUN cTY MMR ��'' ��,g5 R.[h 7( { F SET FORTH. Lfcanse eryir tian do(a: 1 JP/,�Q •,..,., •_„p}g Y06 � � ,ZOO, "- 1Tl tt.ti•Y`;a *WN UNDER MY HAND AND NOTARIAL SEAL THIS :7 DAY W d1Y Br.G/1ffi2 5 t�7TFACAT� -°'�OTA7Y PUBLIC 11rLIGNLH,i CHE M POWFA Wt STATE OF IIIBNOS) STATE OF ILLINOIS) NOT�l1 SUiF S RENT${ )ss SS COUNTY Or KENDALL) COUNTY OF KENDALL) APPROVED AND ACCEPTED BY THE MAYOR AN n COUNGL THE UNITED pTY OF YC1NKt'Itf IfI.fNLA$ THIS DAY OF 70 20yy, 1,JOE WYWROT 0 T ENGINEER FOR THE UNITED CITY CF YOtKVILLE,DO HEREBY CERTIFY THAT THE _ REQUIRED AIWPROAVENTS HAW:BEEN INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED IMPROVEMENTS, dfTY L7fl :"5 [^�'1'7F#'.".AT'✓'• R DATED AT YDRKNLLE,ILLINOIS THIS 6�_.DAY OF�!'�%��1 ,2098. STATE G KLINOIS) ------ MAYOR C'OARTY OF KEWAtU Ah'iROWD AW AGLEPTED BY ME'MAT17R'AND 01r _ NE€R OWED CITY OF voftwur.itum.S AV�� r` �INIIIII IIIIIBIIII� AT A MEEVW HELD TINS_L0_UAY LYsir.LN6• -Wal- o no OPeraer� rsnrsreaF ��;t.,,,� �'afe � � 200600023702 Of Al✓IiftNfil-6yfAt. , This pot has been oppro.ed by the Ninois Department of Transportation with STATE OF ILLINOIS ) AE Put G'TY CLERK r �t�k_, RFNNELSON Y "kk" respect to rood-y access,pursumt to parograpA 2 of'AN ACT 70 TENSE �niCr;LI.50v �vjy Co- THE LAW Uhl RELATOR TO PLATS,as amended A plan that+nits the KI.NDALLCOUNTY IL COUNTY OF KENDALL))as ,BALL; ' requhmnents can folnad h the Depovtmeneb"Pdfcv on Permits for Acr RLl'ORDCD:M'3w200.1 k�•I XM LICYMY fY.6l'C'S C82TFAC.ATE - Odwwa•e to State H,bhwa•s'will be requinsd by the OeparhnenL III-AT vi Iu RHSPS Fl:t:la on TO THE BEST O-OUR KNONEUGE ANp 8EL1£F, THE DRAINAGE OF SURFACE WATERS KILL NOT BE PACES.! HAN(tD BY THE CONSTRUCTOR OF MI5 S7/BONSIOV CY7 ANY PART THEREOF; AND THAT SUCH STA TE OF ILLINOIS) SURFACE WATERS MLL BE PLANNED FOR IN ACCORDANCE W1774 GENERALLY ACCEPTED ENGINEERING ) -- PRACTCE3 SO AS TO REDUCE THE LIKELIHOOD OF DAMAGE TO THE AO.OIN/NG PROPERTY BECAUSE OF COUNTY OF N 341'61 DLs Cnghteer THE CWSIRUCTON tAc THIS SfUBDlNSMN. / PREPARED FOR; DATED THIS 3�� DAY OU. OG'r"O�Gf -20oA L - �.-C1T'fUtiY LY.ERK OF KEMOAU,CWNN tLLNICfS DO 104 Y ODt Y THAT .0i'MI 7fNT GENERA. TAXES NO LWPAA7 CURRENT TAXES,NO UNPAO F00VIED IMES;AND NO REOE'EAIASU'T)tK SALES AGAINST ANY ae THE`LAND IaCYMDED I LARRY LOCKPORT NOti-OWNER - IN 174E wo W01 r DRAWN 7 FURIIIC?A OEft1hT'Y!Hilt I HATE REtgits.O ALL STA IU7DRY FEES 84 C ///�� 1 I31 W. LD,ILLINOIS ROAD COtkNECTtW WTTf Tt+E FN.At7NRL&N DRAIgN: J / y PLAINFIELD,ILLIN0156054A Winch,Licensed Professional Engbheer Owner or Duly Authorized Attorney GIVEN UNDER MY HAND SAID SELL OF 7Flf NTY CLERK AT YORKNLLE, r\v\e License,Number and EApialfon Date C -- obL-erey fha'� ..""1%t ILUNUS, THIS 1_DAY OF 2OJ2�. q cw rtuaN�uT a �� FINAL_ PLAT OF SU13DlVIS10N Daz tsD+ 'y r y No atetsnm whould he aaeumea by wading STAGECOACH CROS S I N G NOTICE •No uneergrauua Improvwnenl.na.e been located union sham Kendall County Los a long, rich tradition In agriculture ! AvSS?e'a"I''' I:>¢$ COUNTY CLEW � 1 and neted- PART OF SECTIONS 8 &9-36`7 and respects the role Fhat farming can[roues to play i# +}w'c 1 �{ x •N epreemtetlm os to onnershy,use,ar pose-sim should be in shaping the economic viability of the country. inn .r - F"ttd L ro-van rvgad. UNITED CITY OF YORKVfLLE, Property that supports this Industry is indicated by o '� wits 5vwY emI full ar S,.-,ore vale wRhout orfgkid embossed D,..= �, A • IM.;Wa x crib i rftto a aurmnt tarnda mF+krwm KENDALL COUNTY, ILLINOIS zoning Indicator-A-1 or Ag Special Use. Anyone N nC. pr +SaMadY for o bvondery•Awry Md nos performed far: construc!!ng a residence or facility near this zoning DNS DWN BY: TNT. DATE pR.l'hIEE;T'ND. should be aware that normal a ricultural roctices MR.LARRY SARAVANOS 9 P L tYa_.!�?a,✓� ICBM _ _ J-27-OB 0404.17.`08 may result n occasional smalls, dust slghts, noise Compare your description and dte maddnge Ath this plot and y. DSN 9Y. INT:• HORIZ SCALE: SNEET'NO, and unique hours of operations that are not IwIcal In AT ONCE report My,tl.arepsnotes wind,you may nna T other zg0l09�C,y£ X •-W, a• CHK BY: TNT: VERT SCALE-- Z bF 2 5. IXA SMITH EINEERING C NG ONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS N�T»T � a : PLAT OF EASEMENT �- . w.� SAi^THP'N S-Ja-7 -� rvwcvw�nfD+ae;eased PN:e9a-afin- ' 11fC 0.:a-953-gab (h}AfRTIM^Sr PUPNER ..ml s-��r.r®AIb•wb••d,r oom N •Yv®frs'[ •laR4IIIr .YOAKV9IS GRAPHIC SCALE °`�C10N 9-56-'I ° LLUNOLS PROFESSIONAL DESIGN FILM► 184-00010E e " ��NTEAxi.dNlu RQ!/TE"71 OF PART OF SECTIONS 8 AND 9, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD 4 auP,phi LW1t$7-.aNaa nt.d.9 PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. WEW. Mat W CP.yP(T HEw Prof a tae.mnl Page f ar 2 (IN FEZr) L Laab 60 ft 4 SUBJECT PARCEL LEGAL DESCRIPTION: fa DO, I PAA(XI.[MIL' !RANRM'S CiJlO'A:ATE �t ! 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" * SnG'TTLEJiSRAR.Y ALOWC$$AV ROUTE 47 CEYFER LAC f."M4 FIXr rO THE KlTnirlftY IOC Of Tar O,AW pROPCIrrY AS"IEMW TO SAO WfHFRLYC A=W0 DY DEED A a ' ' RECO90EV a HA1f AS urcurENt/TJd553 Pax D+E PtkYr OF BELXRAAt R ENtE$OUDR7i4Y ACwC x LHeE r14LHf fPIRLA AN RARE OF 176'4YO0'wDN THE f lxr OFSCRL9t0 dot d 1h a day ar_LCr2_ AD.,2005. COURSE ULISLOED CaWfE$-Ni.Q W.W I RLOR,42RYJ FFTyT O&KBE N€SUN Y ALMA A LINE 09W FARMS AN AAGIE'W IO(TOO'MOW ONE LAST GES0050 COURSE '1 (\� rEASU xO Op'ANYLR-U.L1L7 W#S1E:NTREFR@V 577.7$FEET TO THE EASI75.Y I"GF Lor 6 AS SHORN BY A PLAT RF WV=N PLAE BOOK J oM PAQE BS- DIWCE NOPAAKRLY '(AA KIT pl(q q'C g4hprRTr `• ! 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NOTARY Lt W?rAIE PARCH lNPEE \I 9��' �+�Yr, •ems, ` \ ^ 9W4E£T EAEETa ENT FOR PIIDLIC UTILITIES AND DRIRINASiE l4xii" \ STATE OF'MlIA'a5' } AdC SAXIIARV 2WR AND m,Ai' 7kT7Y57' �4`� AMON.EkC1USPiF BLANKET EASEMENT IS HERESY RESERVED FOR ANO GRANTED YO BBC AVIERITECH.NICOFL COM ED..JCNNE$INTERCABLE_OT HER PUBLic UTILITIES, 7� PVS9 A St EA.T,HLWR HJ,A 04' S`1440° -` 6:• ` AND HOLDERS OF EXISTING fRANCHMES GRANTED BY TTfE CITY OF YORKVRl.E,ILL WaS.A D THEIR RESPECTIVE SUCCESSORS AND ASS"S V4mHN THE AREAS fmLWTY OF A'ENDALLJ {kpRRlNSr tbArRTP PAAt£t 3f y SHOYAIFN ON THE PLAT AS'BLANKET EII5EMFMT'TOCONSTRUCT,INSTALL.RECON5TfMICT,R£PAIH,RFJAO\HE�REPLACE,M18PECT,MALHLTAIN AND OPERATE I I UNDERGROUND TRANSMISSION AND 0ISTRI6 JTION SYSTEMS AND LINES UNDER THE SURFACE-OF THE'MANHET EASSMENT'-INCLUDING WITHOUT LRAITATION TCI 4 E[R (..�fil 6.Ted It MEL Mal-I Pik 61 -d far IM P.os.Oftus Na .( TELEPHONE GABLE.OAS MAINS,ELECTRIC LINES,CA13L£TELE41SION LINE$.AND ALL NECESSARY FACILITIES APPURTENANT THERETO,TOGETHER WITH THE RIGti+Cl F Ny, Aa'4L a4rNnY Arai A03S5 EASENElri Ip5-y�O] ACCESS THERETO FQA THE PERSONNEL AND EOVIPMENT NECSSSARI'AND REQUIRED FOR SUCH USESFWD PURPOS_SAW TOOL�iE.R WITH THE WGI IT TO WS1AiL Pa.sala'ry w..BFY• lt7L' 4^ REQI1fRED SERVICE COHMNSOTRONS UNDER THE.SURFACE OF EACH LOT TO SERVE IMPROVEMENTS THEREON aria�ta row 1M A.em•PMNFUT.r»4.name;z.Wavbed 34ad1UT' 4 f M.rerogah9 c•r1lflvcfe.aPPMTrd WTw a4.!hh 8qy La 1 MIX Nr 5� I A HON-E7eCLU54vE WANKE.T E+LSEFfENT ISALSO Hi:ReBY RESERVED FORAND GRANTED TO THE U"gEOOfTY OF YORKVUS.ILLD�S TQ COt43TRL)Cr,1HNSTALL, _°id°dp1p"'�fhr..nwlnn RF!Aa wm..M pbf aa8 Pa'gNrNA E,rMuT,arvf4 Av M•s<+44 aad pwpear.1A .Lr s•f • RECONSTRUCT,HEPALR,REMOVE-REPLACE AND 04SRBCT FACILITIES FOR TOE TRANSMLSS"AND DISTRIBUTION OF WATEIL STORM SEWERS-SANITARY SEWERS AND F4ry,w hk Aw and Aa hA y act Of-a dw my hand aad • , I ELEGTFUCITY,YATIHN THE AREAS SHOWN ON THE PLAT ISO•BI.AHICET EASEMENT.TOGETHER WITH AHIGHS OF ACCESS THENih FOR THE PERSONNEL ANp aR.LaellN•.ul Ni 4EOtJIPALENT NECESSARY AND REDUTRM FOR$U-MUSES AND PURPOSES r�. �A'T�_day at \ I THEASOVE NMIEDENTiTLESARE HEREBY GRANTED THE RfGHTTG ENTER UPON EASEMENTS HEREIN OE$CRIBEO FOR TM USES HEREIN SET FWH j\. a4NN AND THE RIGHT TO CUT,TRIM,OR REMOVE ANY TREES,SHFUSS OR OTHER PLANTS WiTM THE AREAS OESIGNATEDAS"SLANKET EASkMEN F`WII;GA INTERFERE OATH THE CONSTRUCTICIN,INSTALLATION,RECONS'TTIUCTUUN,REPAIR,REMOVAL,REPLACEMENT.►WNTENANCIF AML]GP{dLB.TEON R'THEIR vo;Lry Pu�7R UNDERGROUND TRANSMISSH7H NiO DL5 ivsuHDH SYSTEMS AND FACILIIIES APPURTENANT THERETO.NO PERMANENT BUILDINGS,STRUCTURES.OR. OBSTRUCTIONS SHALL SE CONSTRUCTEO N.UPON,Oft LIVER ANY AREAS D€.SIGNATEO AS'BLANKET EASEMENT,BUT SUCH AREAS MAY SE USED FOR DA47t'?ENS,SHRUBS,TREES,LAYMCAPING,ORNEWAMANOOTHER RELATED PURPOSES THAT DO NOT UNREASONAELY INTERFERE MTH THE USES cew�s CERTIFICATE I HEREIN DESCRIBED. . t STA IE l7F NLNLYS TAIL OCCUPA'FfON AND USE OF THE NON-EXCLUSIVE BLANKET EASEMENT HEREIN GRANTED A140 RESERVED FOR 7HE A9CIVE NAMED )J 5 \ ENTITIES BY EACH OF SUCH ENTITIES SHALL BE 30NIE 114 SUCH MANNER SO AS NOT TO INTERFERE VATII OR PRECLUDE THE caWTY rA",CENOALL J�S l 1 ,i OCCUPATION AND USE THEREOF BY OTHER ENTITIES F WHICH$UCH EASEMENTS ARE GRANTED AND RESERVED THE CITDO>^AINtl The uaderarp'.4 C ?uPic�,IXL OIL LAC _ITN ft>,II f' 4A'ASYS AM RECROSSING OF SAID EASEMENTS SY7HE ABOVE RIMED EN"IITIfS SHALT.OF DONE IN SUCH AMMNNFR SCASNDTTO WYERF£Rr r onfee of ` -(J7,Bp% WITH,OAMAOE.OR.DISTORBANY TRANSMISSION ANN DISTRIBUTION SY$TENW AND FAGUTfES AMRTEHANT T14ERETO OUSTING }h.Ems,, T�,If A�..,n eo-er e.n:ry real APPlNU-I LWATKW Or "-'-_----- J}��---••• - - WITHIN THE EASEMENNTS BEING CROSSED OR RYCRDSSED.NQ USE OR CCC1IPATION OP SAS}EASEAIEHIS SY THE ABOVE NAMED err NraA any,u .d NTUA£MOSS ACQ'SS� ____� _ �' Y. £NTITIFS SHALL CAUSE ANY CHANGE NN @BADE OR IMPAIR OR CHAIAGE THE SURFACE DWANAGf PATTERNS. AO.2023.enr.NaN ar€- dwf of E��Nrc I as EYA'NT BDNEHr TRIO RK �._ MYAiw os I.lorfn. 1e ParlrNmr Hmlciln - �\ FOLLCri'fINQ AANY WORK TO Rf PERFORMED BY THE UNITED GTY OF YORILYfI,tE TIN IIiEE3'BRCL9E OF ITS EASEMENT RIGHTS PMr(Y HEREIN 6RNVT£O,sA3O0iTY SHw.L HAVE NO OBLIGATION VV1TH RESPEOT TO SURFACE RESTORATION,INCLIRRNG BUT NOT BYr f LIMITED TO.THE RESTORATION,REPAIR OR REPLACEMENT Of PAVEMENT.CURD,GUTTERS.TREES.LAWN ON SWiUBTfr;RY. `is I f16+F FARM 3 PROVIDED,HGJAVMR„THAT SAID CITY SHALL BE OBLI GATED,F(XkOWWG SUCH MAINTENANCE WORK TO©ACKFILL AM) ^�. MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE.TO COLD PATCH ANY ASPHALT OR CONCRETE ArfL3T. L. F PAACiA f r . STRAFACE.TO iNEtAOVE RLL E%CE55 DERRP&AND SPOHL.AND TO LEAVE xL1E MAINTENANCE AREA IN A GENERALLY CLEAN ANC Ir. OPTION \ WORKMANLIKE CONDITION. I ♦ r. I STCIRLIWATER MANaMUMI USF9IFNT PROVISiC)N5 1 AH CA$aw`xrNS 1 sUr s%mws0 Fat AND MANTFO ra!AE OmXV Orr ear ILRNik4E Alm r0 075 h gyp, r;0,;9 •„^A I N ` SUC> 'AND ASS9A'V"DIET ALL Of TK AREAS'M.4RIfED YTORMDCL7ER L4WAfYNL7HT LLYArENT' HH CY iLkrj off ME A-ECONSTRTM^ A9EPAIR NS FL'T LrANYAW AND O7CHrrrS�rOelf Y"N4H5 AHD IRK STPP4i[AfFR T? t $ I m \ /NINAO6NEHr AREA TDCEDIER WITH ANY Mill 4Y!HLE r WAMIDGES d rp4 BASIII$gL/MTARY SE11EArlL A<EA?RD£R5 17FR1N1C.N1F "AMR WANT RfF=AM)CpyNRRdICA rRYV fSBLES GUYrNfOTlprN:6 AIM"SWAZM AND OMER s1RTEFIRES srAlE aF ILLWOIS 5() PARCEL cg ( I .IAN APMA RWAHOM AS MAY OE OErb"MOrSSARY Or SAID Of OIaR,UPOf4,ALfWy^LNEER ANN-*ROUGH COUNTY OF KENDAU-j s� Y SAID AVCATE'P EASG`4WT, ItY;E1hfF MIDI TI[RIGHT Or ARXSS AQROSS THE FrrDP7arY FOR/TCESGNIPY LKHr / \ Af r1 fOGMPAHTxT rO OO ANY#'THE ABOFL NO%C NNE AHper is ALSO CIFAHfEO TO tTJf AQArL D31M OR This inalrumsnl f«'ad fw raoord'm tha Recaraefa Olfice of R \ RLIVOW ANY TRMS$74POSS OR ODAER P4AHM W1 TAY EASWENT THAT N4T7WW 01 RP INC OPERABO-OTT' ,,%4 a I A SEAERS a4 OTTffR URO WE AA4 PML4AO4T OUCOWZS SHALL LIE PLACN LILY SAN EASLI4NI 740 OfAHOF 1ZT Kenddl County.Illlnoie on Nis day of 4 d I \ ,PHE TOPOGRAPHY OR STWNWATER YHWACEI/tTFr 5)p[,CfFIKY3.4rTHAY TLC EASF'MB'4f AREA SHALL&I MAOE A.D.•2005,at O'Claak_W.by Instrument No. 4 \ MI ROrr EVIREZ MR1rTEN gpV5a7PT OF RHE re b14CNIk.A,Wr SAME L4AY AE'fASFtH FIR hRPFSCS N1fAr Do 1 Aar THEN OR LATER symir'L'RE lO WIN INC AF07a 4ISI5 cR R16-ym `• c U] L ` THC ONM1ETt OF RE PAOICRYF'sTW1 RE AN RtSPd4S+5LE F'M TNC yNc w+R1fP1rANC£Lx ratE smelHrA rER wwAtAf.Grr AREA ANl1 APPIfRTLZ4AAres �, THE UNITED CITY OF HWRMUE WILL PERFORM DAN. EMERGENCY PROCEDURES y 7 AS DEDAM NECESSARY BY THE Dry ENGINEER VINE UMIED OTY OF �- ��_ !•: PARCEL 2 � � p � COUNTY RECORDER III' J�46• 1 A 1,I b / v�•re� CROSS ACCESS EASEMENT sTRYETLYRS GERl,R1Gi)E 4 In 4 YLA � �r� � ry STATE OF ILLINOIS NICH LAS E TY AS SB )SS Y q.„.. rl{-'4 Y ry•r�,,+,, HEREIN;15 HERESY ..nNV1 • / 4 •s r r, M1 ` H DEVIC470 TRAFFIC SAN PO COUNTY OF KEHDALL) PROPVRTY ALL F LL W EOS PAWS 0VT TRAFFIC SIGNS, LAha SlWALS AND HALL WRNRMS THROUCHOUT THE SRECT I.,Liofq L DuY 10,04 Paviea.ivna=LarM Surnyor Number 3]6P. PROPERTY. der hw by ml IT L1w1 tha Plm aF Easanmt hw'eon dr +al V•;, J Nfi Eft-x Y -ra Y1� rkM1+Hr aC ..f •4yp "N In+m.at fraac d td t-th. nA aedd npww•asw-.' Dot at-r h< �. .fy Itlk,W.1 AO ,k : R • A �: vs"� _ .TtT€y: -". r�. � `. 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ANC •Th dmap Is.hoWd ae a•aufnW by•ca.. •ThW map N wld.rilhWl M9kld mrboseed m red LxvE wls A&IODISSArra PTRPFAO+.AA4 P vv Qum o P:LTrk lft I PARCEL I aO W d•4d a1d Y9ealur.afflxad. faaY PRaPrRfr LAfs 1-.r"Ad'4E0 awA•vY rC��PFI •a,aIt-abor Dry.- REV4301LS DNN BY:I NIT:I DATE: _ PRO,FCT N4. .^.,°•I n- - I P..a p.lnl of I.epim.9 NULL IPBIT 7-2a-aS ROM 4-18-2005 A40437D4 col�H€rA.- P.D.G palm.1 owmArx:a ^l w'.r.I Y;4r'• - •=,cn z: DSN BY: INT: ROAR_SCRL£: SHEET NO. •ti DaeYnp.er,a aatmAe.an IwW on a Ioau wadlnan.y.l.a. J. !=50• 1 CCHWK 9Y: TNT: or-.RT SCALE: 1 OF 2 Reviewed By: Agenda Item Number 606 Legal 0 PS #1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ❑ Tracking Number Human Resources ❑ `=Q Community Development : PS 2013-08 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Adopting License Regulations for Pawn Brokers and Resale Dealers—First Reading Meeting and Date: City Council May 16, 2013 Synopsis: This ordinance will allow the Police Department to track stolen items nationwide, it also sets a higher standard for pawn brokers and resale dealers on how they document and how long they have to retain items before they can be resold. Council Action Previously Taken: Date of Action: PS 4/4/13 &5/2/13 Action Taken: Discussion Item Number: PS 2013-08 Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Chief Richard Hart Police Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 9, 2013 Subject: Pawnbrokers and resale dealer ordinance LJILL E�% Summary A first reading of an ordinance adopting license regulations for pawnbrokers and resale dealers. Background This item was last discussed at the May Public Safety Committee meeting. At that meeting,the City heard from various business owners and residents in the City both in favor of and opposed to the attached ordinance. The Committee discussed the proposed ordinances and recommended changes to the ordinance (attached in a track changes form). The Committee then recommended approval of the revised ordinance, by a 3-1 vote. The changes to the ordinance are as follows: 1) Page 12, Section 3-13-20, A. a. The waiting period for all individually identifiable items has been changed from ten days to seven days. 2) Page 12, Section 3-13-20, B. a. The waiting period for non-individually identifiable items has been changed from three days to one day. 3) Page 12, Section 3-13-20, C. a. This letter"C" item is a new proposal. It exempts coins,paper money, and bullion from a waiting period. 4) Page 4, Section 3-13-4; Page 6, Section 3-13-9; Page 6, Section 3-13-11; a. An early version of the ordinance made general references to pawnbrokers or resale dealers throughout the document, when the ordinance itself used the terms interchangeably. The most recent draft of the ordinance differentiates between the two types of businesses now requires us to clean up the above sections so that they apply to both types of businesses, rather than one. These were clarifications caught by Attorney Binninger. Recommendation This agenda item is for first reading only. Staff does support the ordinance in its current state. UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of April,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on ,2013. ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE 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, section 11-42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5) provides that the corporate authorities of a municipality may license, tax, regulate or prohibit pawnbrokers; and, WHEREAS, section 11-42-3 of the Illinois Municipal Code (65 ILCS 5/11-42-3) provides that the corporate authorities of a municipality may license, tax, locate and regulate all places of business of dealers in junk, dismantled or wrecked motor vehicles or parts thereof, rags and any second-hand article whatsoever; and, WHEREAS, the regulation of pawnbroker and resale businesses through licensing and other regulations, is necessary to deter and detect crime and to otherwise protect the public health, safety, morals and welfare relating to their operation; and, WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering stolen property relates to the protection of the public health, safety, morals and welfare of the City; and, WHEREAS, the City Council of the City has determined that it is necessary and desirable to adopt regulations regarding pawnbroker and resale businesses. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Title 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Chapter 13 to read as follows: "CHAPTER 13 PAWNBROKER AND RESALE DEALERS 3-13-1: DEFINITIONS: APPROVED IDENTIFICATION: Any one of the following validly issued and unexpired forms of identification,which includes a photograph of the person: a) a United States passport, b) a state driver's license, c) a state issued identification card, d) a military identification card, or e) a United States permanent resident card. Ordinance No.2013- Page 2 AUDIO-VIDEO EQUIPMENT: Items which include any stereo, speaker, radio, video recorder, video camera, camera, television, tape or disk player, MP3 player or satellite signal device. INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually identifiable by a serial number; or other applied numbers, letters, characters or markings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article. PAWNBROKER: Any person who lends money on deposit or pledge of personal property, or deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property. PERSON: A natural person,joint venture,joint stock company,partnership, association, club, company, corporation, business, trust or organization; or the manager, lessee, agent, servant, officer or employee of any of them. PRECIOUS METALS: Articles consisting primarily of the elements of gold(chemical symbol Au), silver(chemical symbol Ag),platinum(chemical symbol Pt) or palladium(chemical symbol Pd), but not including articles merely plated with these metals or articles similar in color to these metals but not actually consisting of them. RESALE DEALER: Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells,possesses on consignment for sale or trades jewelry, stamps, coins, audio-video equipment or any precious metals which may have been previously owned by a consumer; or which derives more than thirty five percent(35%) of its gross receipts from the sale, consignment for sale, pledge or trade of any goods, wares or merchandise which have previously been owned by a consumer, including,but not limited to, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. A. The term "resale dealer" shall include, but not be limited to, businesses commonly known as swapshop operators, stamp dealers, coin dealers and jewelers that purchase and resell items from persons other than dealers and suppliers and engage in disassembling, melting and otherwise altering jewelry. The term "resale dealer" shall not include pawnbrokers. B. The fact that any business does any of the following acts shall be prima facie proof that such business is a resale dealer: 1. Advertises in any fashion that it buys or sells used items. Such advertisements shall include, but not be limited to, media advertisements, websites, telephone listings, and signs whether on the exterior or interior of the business. 2. Devotes a significant segment or section of the business premises to the purchase or sale of used items. Ordinance No.2013- Page 3 USED: Any goods, wares or merchandise which have previously been owned by a consumer, including,but not limited to,jewelry, stamps, coins, audio-video equipment, or any precious metals, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. 3-13-2: LICENSE REQUIRED: A. No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall operate or permit to be operated as a pawnbroker or resale dealership without first having obtained a license from the City to do so. The requisite fee shall accompany all original or renewal applications. Each license shall commence on January I and shall terminate on December 31 next following the date of issuance. Failure or neglect to pay the requisite license fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be. B. It shall also not be lawful for an individual or business entity to conduct business in the City using the word "pawn", "pawnshop" or "pawnbroker" in connection with a business or to transact business in the City in a manner which has a substantial likelihood of misleading the public by implying that the business is a pawnshop, without first obtaining a license from the City as provided in this chapter. 3-13-3: RESALE DEALER EXEMPTIONS: The following activities shall be exempt from the requirements of this chapter for resale dealers: A. Residential garage sales. B. Sales conducted by governmental, civic,patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are exempt from taxation under section 501 of the internal revenue code. C. Sales or purchases which are regulated by the licensing laws of the state, including automobile dealers,used parts dealers and automotive parts recyclers. D. Consumer shows or exhibitions of collectibles. E. Sales by auctioneers. F. Sales by pawnbrokers holding a license pursuant to this Chapter. G. Sales of recyclable metal by a recyclable metal dealer. H. Sales of recyclable materials by a scavenger. I. Sales or trades of used books between a customer and owner of a used bookstore. 3-13-4: NUMBER OF D"`x"`BROKE LICENSES TO BE ISSUED: The number of pawnbroker licenses shall not exceed two (2) in number and the number of resale shop licenses shall not exceed ten (10) in number. 3-13-5: APPLICATION: Ordinance No.2013- Page 4 An application for a license required by this chapter shall be made in writing under oath to the City Clerk on a form prescribed by the City Clerk. All references to the City Clerk in this Chapter shall be deemed to include the City Clerk or his or her authorized designee. Each application shall include,but not be limited to, the following information: A. The name of the individual,partnership, corporation or association applying for a license. B. The residence,phone number, date of birth and driver's license number of the applicant or partners; or, if a corporation or association, the residence,phone number and driver's license number of the officers and all shareholders owning more than five percent(5%) of the outstanding shares of stock. C. The location for which the license is requested. D. Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation (other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction. E. Such information as required by the chief of police in order to conduct a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent(5%) of the outstanding shares of stock. F. Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property revoked for cause, and, if so, list the date of revocation and jurisdiction. G. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. 3-13-6: FEES: The applicant for a pawnbroker or resale dealer license required by this chapter shall pay the City Clerk at the time of filing an application a license fee of two hundred dollars ($200.00) per calendar year or part thereof. Should the license be denied, the license fee shall be refunded to the applicant. 3-13-7: INVESTIGATION OF APPLICANT: Upon receipt of an application for a license under this chapter, the City Clerk shall cause a copy thereof to be sent to the chief of police and the community development director both of whom shall report back to the City Clerk in thirty (30) days whether the applicant is in accordance with applicable City codes. The investigation by the chief of police shall include, but not be limited to, conducting a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent(5%) of the outstanding shares of stock. 3-13-8: BOND PREREQUISITE TO ISSUANCE: Every applicant for a license under this chapter shall file with the City a license and permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the City attorney, with the City as obligee, conditioned for the faithful and due performance of the provisions of this chapter Ordinance No.2013- Page 5 and the laws of the State concerning the operation of the licensed business, and the payment of all fines and penalties by reason of the violation thereof. 3-13-9: ISSUANCE: Upon receipt of the report from the chief of police and community development director, the City Clerk shall issue the license requested under this chapter unless it is determined that: A. The applicant is under the age of eighteen(18). B. The location requested is not in a permanent structure. C. The applicant plans to operate as an itinerant merchant as that term is defined in Section 3-7-1 of this title. D. The applicant, its partners, officers or listed shareholders have been convicted of or had plead guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this State, City or any other jurisdiction within the past ten(10)years, or have forfeited a bond to appear in court to answer for charges for such offenses during such time. E. The location requested and structure to be used would not comply with all applicable laws including, but not limited to, the Yorkville Zoning Ordinance. F. The applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property which was revoked for cause. G. The applicant, its partners, officers or listed shareholders has knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation into any application. H. The application has not been properly completed and/or the licensing fee required in this chapter has not been paid. I. An investigation reveals that the applicant has falsified information on the application. J. There is an outstanding code violation on the proposed premises, unless the applicant can provide satisfactory evidence that the condition will be corrected within a reasonable time, and the conduct of the business pending the correction of such condition will not endanger the public health, safety or welfare. K. Failure to comply with other provisions of this chapter or applicable requirements of law. L. There is no ,..,,.nbf!eker-'° license currently available. 3-13-10: POSTING: Every license issued under the provisions of this chapter shall, at all times during the period for which it is effective,be posted in a conspicuous place at or near the principal entrance to the premises for which the license is issued. 3-13-11: TRANSFER: A. No license issued under this chapter may be transferred to any other person. B. No corporate resale dealer licensee shall permit any transfer of its stock which would vest in aggregate more than five percent(5%) of the stock outstanding in such corporation in any shareholder unless such shareholder has been certified by the City Clerk as meeting the requirements of this chapter. Ordinance No.2013- Page 6 3-13-12: CHANGE OF LOCATION: No pawnbroker or resale dealer shall carry on any business required to be licensed under this chapter except at the location designated on the license. Should the resale dealer wish to change the location, application shall be made to the City Clerk for such change in writing. The City Clerk shall approve the change of location unless the new location would be contrary to the provisions of this chapter, the ordinances of the City or any other applicable requirements of law. 3-13-13: HOURS OF OPERATION: No pawnbroker/resale dealer shall purchase, accept or take or receive in pawn any goods, wares, articles or things whatsoever or resale dealer shall purchase any goods, wares, articles or things whatsoever, from any person before the hour of six o'clock (6:00) A.M. or after the hour of nine o'clock(9:00)P.M. 3-13-14: PROHIBITED PURCHASES: No pawnbroker/resale dealer under this chapter shall purchase, accept or take or receive in pawn any goods, wares, articles, or things or resale dealer under this chapter shall purchase or accept any goods, wares, articles, or things, under any of the following circumstances: A. Where the seller is less than the age of eighteen(18). B. Where the seller is intoxicated. C. Where the seller fails to present at least one form of approved identification that contains the seller's full legal name, residence address and a photograph, as required in this chapter. D. Where the article to be purchased had an original manufacturer's serial number at the time it was new, but no longer legibly exhibits such number. E. Where the seller is known to be a thief or has been convicted of theft, burglary, robbery or possession of stolen property. A law enforcement officer may provide such criminal conviction information to a pawnbroker. When any person is found to be the owner of stolen property which has been pawned, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same. 3-13-15: PURCHASING, SELLING WEAPONS PROHIBITED: No pawnbroker or resale dealer shall deal in, or buy or sell, or display in his shop, any pistol, revolver, derringer, bowie knife, dirk or other deadly weapon of like character, capable of being secreted upon the person unless the licensee also possess a valid and current license for such deadly weapon as provided by state and federal law. 3-13-16: PAWNBROKER SALES AND REDEMPTIONS REGULATED: A. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than the rate of three percent (3%)per month. Nothing in this section shall be construed so as to conflict with the law Ordinance No.2013- Page 7 pertaining to usury, and the person receiving money so advanced may hold such monies to pay any fees in addition to interest as herein provided. B. Each pawnbroker, when making a loan, must disclose, in printed form on the pawn contract, the following information to the persons receiving the loan: 1. The amount of money advanced, which must be designated as the amount financed; 2. The maturity date of the pawn, which must be at least thirty(30) days after the date of the pawn; 3. The total pawn interest and the total service charge payable on the maturity date, and the total of both which must be designated as the finance charge; 4. The total of payments that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; and 5. The annual percentage rate, computed according to the regulations adopted by the board of governors of the Federal Reserve System under the federal truth in lending act. C. Each pawnbroker may contract for and receive a monthly finance charge, including interest and fees, not to exceed one-fifth(115) of the loan amount, as set forth herein, for appraising, investigating title, storing and insuring the collateral, closing the loan, making daily reports to local law enforcement officers including enhanced computerized reporting, complying with regulatory requirements and for other expenses and losses of every nature whatsoever and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of law. D. If the pawner or a pledger fails to repay the loan during the period specified on the pawn ticket, the pawnbroker shall automatically extend a grace period of thirty (30) days from the default date on the loan during which the pawnbroker shall not dispose of or sell the personal property pledged. The parties may agree to extend or renew a loan upon terms agreed upon by the parties, provided the terms comply with the requirements of this chapter. E. Every pawnbroker shall, at the time of each advancement or each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note, signed by him or her, containing an identifying pledge number and the substance of the entry required to be made in the pawnbroker's record book required by this chapter, and no charge shall be made or received by any pawnbroker, loan broker or keeper of a loan office for any such entry, memorandum or note. F. Every pawnbroker shall for each article pledged attach thereto a tag with the pledge number, the time when said pledge was obtained and the amount of said pledge. G. It shall be unlawful for any person to sell or pledge any property to a pawnbroker that is not owned by the person selling or pledging such property. 3-13-17: RECORDS OF PURCHASES: Throughout the term of the license, every pawnbroker and resale dealer shall report/upload to LeadsOnline, or the City's current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought in to a pawnbroker or resale dealer for sale, barter, or trade, by an individual (pawner/seller) at the same time and date, and Ordinance No.2013- Page 8 includes the sale of non-junk/scrap articles by a pawnbroker or resale dealer to another person. Articles brought into a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter, trade or pawn, at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. Non-junk/scrap articles purchased by a pawnbroker from another business shall not be considered to be transactions for the purposes of this section, and are exempt from the reporting requirements of this section, and are also exempt from the waiting period. A. Transactions involving individually identifiable articles. 1. Purchases/receipts by licensees. Each individually identifiable article brought in to a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter or trade during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following: a. Type of article b. Brand name/make/manufacturer(if applicable). c. Model number(if applicable). d. Serial number(if applicable). e. Color/finish. f. Any other identifying marks, writing, engraving, etc. 2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. The date and time of the transaction. 5. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. B. Transactions involving non-individually identifiable articles. 1. Non-individually identifiable articles may be recorded or reported in bulk, but must specify the weight, type and form of the bulk material. Ordinance No.2013- Page 9 2. Each different type and form of non-individually identifiable articles brought in to a pawnbroker or resale dealer by an individual for sale, barter or trade during a transaction shall be associated with the person who brought the material in. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. A digital photograph or, if the licensee has a video system, video segment of each individual type & form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the City's current electronic reporting system. 5. The date and time of the transaction. 6. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. C. Coins and paper money. 1.Purchases/receipts by licensees. a. Coins have no distinguishing characteristics that separate them from other coins of the same mintage, and although paper money is serial numbered, those serial numbers are so seldom known by their last possessor that paper money is effectively indistinguishable from other paper money of the same denomination. Furthermore, unlike coins made of precious metals, paper money seldom carries any value significantly beyond the face value of the bill, and when stolen is usually used directly as cash and not sold to a currency dealer. Accordingly, coins or paper money brought in by an individual (pawner/seller) for sale, barter, or trade during a single transaction do not need to be itemized individually, but rather may be recorded or reported in bulk. b. Coins or paper money brought in to a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter, or trade during a transaction shall be associated with the person (pawner/seller) who brought the article in. The licensee shall record/report the following information for each such transaction: i. The name, current address and date of birth of the seller. ii. A digital photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must Ordinance No.2013- Page 10 include the seller's first and last name, current address, date of birth, and physical descriptors. iii. The date and time of the transaction. iv. The quantities and types of coins or paper money present. If coins are all of the same type, they shall be reported by either quantity or weight, and type (e.g., 5 Morgan silver dollars, 25 buffalo nickels, 5 lbs. of wheat pennies, etc.). If coins are from a collection, a description of the theme of the collection (e.g., Bicentennial coins, state quarters, etc.) along with the number of coins shall be provided. If coins represent an accumulation of disparate coins with no overall theme, a generic description of the type and quantity of coins shall be provided (e.g., approximately 200 U.S. coins of miscellaneous dates & denominations, approximately 100 foreign coins from various countries, etc.). Paper money shall be reported by quantity and type (e.g., 25 U.S. $5 silver certificates, etc.). v. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. c. As a photograph of coins or paper money conveys no more information than can be obtained from the written descriptions required by Paragraph 3 (A)(II)(d) of this section, no photographs of coins or paper money are required. 2. In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non-operation, be required to keep written records of any and all transactions made during the period of malfunction or non- operation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the City's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by any police officer during regular business hours. 3-13-18: REPORTS TO CHIEF OF POLICE: A. The Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect pawnbrokers and resale dealers and members of the general public. In the event of a change to its electronic reporting system, the City will notify all impacted licensees of the change within a reasonable time prior to such change. B. Every pawnbroker and resale dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic Ordinance No.2013- Page 11 reporting requirements described in this chapter. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this chapter. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings. C. No pawnbroker or resale dealer shall be required to furnish such description of any new property purchased by the pawnbroker or resale dealer from manufacturers, other retailers or wholesale dealers having an established place of business, or of any goods purchased at open sale, or from a bankrupt stock. Such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and shall at all times during the pawnbroker or resale dealer's business hours be open to the inspection of members of the City's police department. 3-13-19: INSPECTION OF PREMISES: Every pawnbroker or resale dealer under this chapter and every person employed by him in the conduct of business shall admit to any and every part of the premises designated in the license, during the resale dealer's business hours, any police officer of the City to examine any goods, articles, things or books or other records on the premises dealing with purchase or sale of used property. 3-13-20: WAITING PERIOD: A. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of, any individually identifiable article within seven 0)(7) days of the time of purchasing or receiving the same. B. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of any non-individually identifiable jewelry or other non-individually identifiable articles within twenty-four (24) thfee (3' day hours of the time of purchasing or receiving the same. C. Any coins,paper money, or bullion shall be exempt from a waiting period. 3-13-21: REMOVAL OF IDENTIFYING MARKS PROHIBITED: No pawnbroker or resale dealer shall remove, alter or obliterate any manufacturer's make, model or serial number, personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received by the pawnbroker or resale dealer. 3-13-22: VIDEO CAMERA SURVEILLANCE REQUIRED: Each pawnbroker and resale dealer shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic Ordinance No.2013- Page 12 representations of the pawnbroker or resale dealer's customers and shall retain the videotape recordings produced therefrom for at least thirty (30) days. Said videotape recording shall be subject to inspection and copying by members of the City's police department during the licensee's business hours. 3-13-23: INVENTORY SYSTEM: Every pawnbroker and resale dealer shall maintain an inventory system of all property purchased or received in such a manner that members of the City's police department making an inspection pursuant to this chapter can readily ascertain the identity of such property and readily locate such property on the licensed premises. 3-13-24: SUSPENSION OR REVOCATION: In addition to any other penalty which may be authorized by this chapter or other City ordinances, a license may be suspended or revoked for: A. Failure of the pawnbroker or resale dealer licensee, its officers, agents or employees to comply with any provision of this chapter, any other applicable ordinances, the laws of the state, federal laws or other applicable legal requirements; B. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have been convicted of any offense set forth in subsection 3-13-91) of this chapter; or C. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation on any application. D. The pawnbroker or resale dealer shall be responsible for the acts of its agents, servants and employees in the operation of the business. Prior to holding a hearing concerning the question of whether a license shall be revoked or suspended, the City Clerk shall give at least ten(10) days'written notice to the pawnbroker or resale dealer setting forth the alleged violation specifically. The pawnbroker or resale dealer may present evidence and cross examine witnesses at such hearing. 3-13-25: PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the City, shall be punished by a fine in an amount of not less than two hundred fifty dollars ($250.00) for each offense. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City to suspend,revoke or to refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law. Ordinance No.2013- Page 13 3-13-26: SEVERABILITY: If any provision, cause, sentence, paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence,paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence,paragraph, section or part thereof not been included." Section 2: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Section 3: This Ordinance shall be in full force and effect upon it"assage, approval, and Field cod publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 52013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERSTA CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Ordinance No.2013- Page 14 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This day of April, 2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County,Illinois on 92013. ORDINANCE NO. 2013- AN ORDINANCE ADOPTING LICENSE REGULATIONS FOR PAWNBROKERS AND RESALE DEALERS IN THE UNITED CITY OF YORKVILLE 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, section 11-42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5) provides that the corporate authorities of a municipality may license, tax, regulate or prohibit pawnbrokers; and, WHEREAS, section 11-42-3 of the Illinois Municipal Code (65 ILCS 5/11-42-3) provides that the corporate authorities of a municipality may license, tax, locate and regulate all places of business of dealers in junk, dismantled or wrecked motor vehicles or parts thereof, rags and any second-hand article whatsoever; and, WHEREAS, the regulation of pawnbroker and resale businesses through licensing and other regulations, is necessary to deter and detect crime and to otherwise protect the public health, safety, morals and welfare relating to their operation; and, WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering stolen property relates to the protection of the public health, safety, morals and welfare of the City; and, WHEREAS, the City Council of the City has determined that it is necessary and desirable to adopt regulations regarding pawnbroker and resale businesses. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1: That Title 3 of the Yorkville City Code, as amended, be and is hereby amended by adding Chapter 13 to read as follows: "CHAPTER 13 PAWNBROKER AND RESALE DEALERS 3-13-1: DEFINITIONS: APPROVED IDENTIFICATION: Any one of the following validly issued and unexpired forms of identification, which includes a photograph of the person: a) a United States passport, b) a state driver's license, c) a state issued identification card, d) a military identification card, or e) a United States permanent resident card. Ordinance No.2013- Page 2 AUDIO-VIDEO EQUIPMENT: Items which include any stereo, speaker, radio, video recorder, video camera, camera, television, tape or disk player, MP3 player or satellite signal device. INDIVIDUALLY IDENTIFIABLE ARTICLES: Articles that are individually identifiable by a serial number; or other applied numbers, letters, characters or markings; or other unique features that serve to distinguish it from any other similar article and can be used to establish ownership of the article. PAWNBROKER: Any person who lends money on deposit or pledge of personal property, or deals in the purchase of personal property on condition of selling the same back at a stipulated price, or who publicly displays at his or her place of business the sign generally used by pawnbrokers to denote the pawnbroker business, or who publicly displays a sign which indicates, in substance, a business on the premises which "loans money for personal property, or deposit or pledge". The business of a pawnbroker shall not include the lending of money on deposit or pledge of title to property. PERSON: A natural person,joint venture,joint stock company, partnership, association, club, company, corporation, business, trust or organization; or the manager, lessee, agent, servant, officer or employee of any of them. PRECIOUS METALS: Articles consisting primarily of the elements of gold(chemical symbol Au), silver(chemical symbol Ag),platinum (chemical symbol Pt) or palladium(chemical symbol Pd),but not including articles merely plated with these metals or articles similar in color to these metals but not actually consisting of them. RESALE DEALER: Any individual, firm, corporation or partnership engaged in the business of operating a business for profit which buys, sells, possesses on consignment for sale or trades jewelry, stamps, coins, audio-video equipment or any precious metals which may have been previously owned by a consumer; or which derives more than thirty five percent (35%) of its gross receipts from the sale, consignment for sale, pledge or trade of any goods,wares or merchandise which have previously been owned by a consumer, including, but not limited to, furniture, appliances, clothing, automobile accessories,books or metals, whether in bulk or manufactured state. A. The term "resale dealer" shall include, but not be limited to,businesses commonly known as swapshop operators, stamp dealers, coin dealers and jewelers that purchase and resell items from persons other than dealers and suppliers and engage in disassembling, melting and otherwise altering jewelry. The term "resale dealer" shall not include pawnbrokers. B. The fact that any business does any of the following acts shall be prima facie proof that such business is a resale dealer: 1. Advertises in any fashion that it buys or sells used items. Such advertisements shall include,but not be limited to, media advertisements, websites, telephone listings, and signs whether on the exterior or interior of the business. 2. Devotes a significant segment or section of the business premises to the purchase or sale of used items. Ordinance No.2013- Page 3 USED: Any goods, wares or merchandise which have previously been owned by a consumer, including, but not limited to,jewelry, stamps, coins, audio-video equipment, or any precious metals, furniture, appliances, clothing, automobile accessories, books or metals, whether in bulk or manufactured state. 3-13-2: LICENSE REQUIRED: A. No person, either as owner, manager, lessee, officer or agent, or in any other capacity, shall operate or permit to be operated as a pawnbroker or resale dealership without first having obtained a license from the City to do so. The requisite fee shall accompany all original or renewal applications. Each license shall commence on January 1 and shall terminate on December 31 next following the date of issuance. Failure or neglect to pay the requisite license fee in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be. B. It shall also not be lawful for an individual or business entity to conduct business in the City using the word "pawn", "pawnshop" or "pawnbroker" in connection with a business or to transact business in the City in a manner which has a substantial likelihood of misleading the public by implying that the business is a pawnshop, without first obtaining a license from the City as provided in this chapter. 3-13-3: RESALE DEALER EXEMPTIONS: The following activities shall be exempt from the requirements of this chapter for resale dealers: A. Residential garage sales. B. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious or benevolent organizations which have been in active and continuous existence for at least one year prior to the holding of the sale, or which are exempt from taxation under section 501 of the internal revenue code. C. Sales or purchases which are regulated by the licensing laws of the state, including automobile dealers, used parts dealers and automotive parts recyclers. D. Consumer shows or exhibitions of collectibles. E. Sales by auctioneers. F. Sales by pawnbrokers holding a license pursuant to this Chapter. G. Sales of recyclable metal by a recyclable metal dealer. H. Sales of recyclable materials by a scavenger. I. Sales or trades of used books between a customer and owner of a used bookstore. 3-13-4: NUMBER OF LICENSES TO BE ISSUED: The number of pawnbroker licenses shall not exceed two (2) in number and the number of resale shop licenses shall not exceed ten (10) in number. 3-13-5: APPLICATION: Ordinance No.2013- Page 4 An application for a license required by this chapter shall be made in writing under oath to the City Clerk on a form prescribed by the City Clerk. All references to the City Clerk in this Chapter shall be deemed to include the City Clerk or his or her authorized designee. Each application shall include, but not be limited to, the following information: A. The name of the individual, partnership, corporation or association applying for a license. B. The residence,phone number, date of birth and driver's license number of the applicant or partners; or, if a corporation or association, the residence,phone number and driver's license number of the officers and all shareholders owning more than five percent(5%) of the outstanding shares of stock. C. The location for which the license is requested. D. Whether the applicant, its partners, officers or listed shareholders have been convicted of any criminal offense or ordinance violation(other than traffic or parking offenses) in any jurisdiction and, if so, a list of such convictions with date and prosecuting jurisdiction. E. Such information as required by the chief of police in order to conduct a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. F. Whether the applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property revoked for cause, and, if so, list the date of revocation and jurisdiction. G. A statement whether the applicant has made application for a similar or other license on premises other than described in the application, and the disposition of such application. 3-13-6: FEES: The applicant for a pawnbroker or resale dealer license required by this chapter shall pay the City Clerk at the time of filing an application a license fee of two hundred dollars ($200.00)per calendar year or part thereof. Should the license be denied, the license fee shall be refunded to the applicant. 3-13-7: INVESTIGATION OF APPLICANT: Upon receipt of an application for a license under this chapter, the City Clerk shall cause a copy thereof to be sent to the chief of police and the community development director both of whom shall report back to the City Clerk in thirty(30) days whether the applicant is in accordance with applicable City codes. The investigation by the chief of police shall include, but not be limited to, conducting a criminal history background investigation on the applicant, its partners, officers or listed shareholders owning more than five percent (5%) of the outstanding shares of stock. 3-13-8: BOND PREREQUISITE TO ISSUANCE: Every applicant for a license under this chapter shall file with the City a license and permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the City attorney, with the City as obligee, conditioned for the faithful and due performance of the provisions of this chapter Ordinance No.2013- Page 5 and the laws of the State concerning the operation of the licensed business, and the payment of all fines and penalties by reason of the violation thereof. 3-13-9: ISSUANCE: Upon receipt of the report from the chief of police and community development director, the City Clerk shall issue the license requested under this chapter unless it is determined that: A. The applicant is under the age of eighteen (18). B. The location requested is not in a permanent structure. C. The applicant plans to operate as an itinerant merchant as that term is defined in Section 3-7-1 of this title. D. The applicant, its partners, officers or listed shareholders have been convicted of or had plead guilty to any offense related to theft, burglary, or purchasing or receiving stolen items under the laws of this State, City or any other jurisdiction within the past ten(10) years, or have forfeited a bond to appear in court to answer for charges for such offenses during such time. E. The location requested and structure to be used would not comply with all applicable laws including, but not limited to, the Yorkville Zoning Ordinance. F. The applicant, its partners, officers or listed shareholders have held a license or had an interest in a license issued by the City or any other jurisdiction regulating the purchase or sale of used property which was revoked for cause. G. The applicant, its partners, officers or listed shareholders has knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation into any application. H. The application has not been properly completed and/or the licensing fee required in this chapter has not been paid. I. An investigation reveals that the applicant has falsified information on the application. J. There is an outstanding code violation on the proposed premises, unless the applicant can provide satisfactory evidence that the condition will be corrected within a reasonable time, and the conduct of the business pending the correction of such condition will not endanger the public health, safety or welfare. K. Failure to comply with other provisions of this chapter or applicable requirements of law. L. There is no license currently available. 3-13-10: POSTING: Every license issued under the provisions of this chapter shall, at all times during the period for which it is effective, be posted in a conspicuous place at or near the principal entrance to the premises for which the license is issued. 3-13-11: TRANSFER: A. No license issued under this chapter may be transferred to any other person. B. No corporate licensee shall permit any transfer of its stock which would vest in aggregate more than five percent(5%) of the stock outstanding in such corporation in any shareholder unless such shareholder has been certified by the City Clerk as meeting the requirements of this chapter. Ordinance No.2013- Page 6 3-13-12: CHANGE OF LOCATION: No pawnbroker or resale dealer shall carry on any business required to be licensed under this chapter except at the location designated on the license. Should the resale dealer wish to change the location, application shall be made to the City Clerk for such change in writing. The City Clerk shall approve the change of location unless the new location would be contrary to the provisions of this chapter, the ordinances of the City or any other applicable requirements of law. 3-13-13: HOURS OF OPERATION: No pawnbroker/resale dealer shall purchase, accept or take or receive in pawn any goods, wares, articles or things whatsoever or resale dealer shall purchase any goods, wares, articles or things whatsoever, from any person before the hour of six o'clock(6:00) A.M. or after the hour of nine o'clock(9:00) P.M. 3-13-14: PROHIBITED PURCHASES: No pawnbroker/resale dealer under this chapter shall purchase, accept or take or receive in pawn any goods, wares, articles, or things or resale dealer under this chapter shall purchase or accept any goods, wares, articles, or things,under any of the following circumstances: A. Where the seller is less than the age of eighteen (18). B. Where the seller is intoxicated. C. Where the seller fails to present at least one form of approved identification that contains the seller's full legal name, residence address and a photograph, as required in this chapter. D. Where the article to be purchased had an original manufacturer's serial number at the time it was new,but no longer legibly exhibits such number. E. Where the seller is known to be a thief or has been convicted of theft,burglary, robbery or possession of stolen property. A law enforcement officer may provide such criminal conviction information to a pawnbroker. When any person is found to be the owner of stolen property which has been pawned, such property shall be returned to the owner thereof without the payment of the money advanced by the pawnbroker thereon or any costs or charges of any kind which the pawnbroker may have placed upon the same. 3-13-15: PURCHASING, SELLING WEAPONS PROHIBITED: No pawnbroker or resale dealer shall deal in, or buy or sell, or display in his shop, any pistol, revolver, derringer, bowie knife, dirk or other deadly weapon of like character, capable of being secreted upon the person unless the licensee also possess a valid and current license for such deadly weapon as provided by state and federal law. 3-13-16: PAWNBROKER SALES AND REDEMPTIONS REGULATED: A. It shall be unlawful for any pawnbroker to charge or collect a greater benefit or percentage upon money advanced, and for the use and forbearance thereof, than the rate of three percent (3%)per month. Nothing in this section shall be construed so as to conflict with the law Ordinance No.2013- Page 7 pertaining to usury, and the person receiving money so advanced may hold such monies to pay any fees in addition to interest as herein provided. B. Each pawnbroker, when making a loan, must disclose, in printed form on the pawn contract, the following information to the persons receiving the loan: 1. The amount of money advanced, which must be designated as the amount financed; 2. The maturity date of the pawn, which must be at least thirty(30) days after the date of the pawn; 3. The total pawn interest and the total service charge payable on the maturity date, and the total of both which must be designated as the finance charge; 4. The total of payments that must be paid to redeem the pledged goods on the maturity date, which must be designated as the total of payments; and 5. The annual percentage rate, computed according to the regulations adopted by the board of governors of the Federal Reserve System under the federal truth in lending act. C. Each pawnbroker may contract for and receive a monthly finance charge, including interest and fees, not to exceed one-fifth (115) of the loan amount, as set forth herein, for appraising, investigating title, storing and insuring the collateral, closing the loan, making daily reports to local law enforcement officers including enhanced computerized reporting, complying with regulatory requirements and for other expenses and losses of every nature whatsoever and for all other services. Such fees, when made and collected, shall not be deemed interest for any purpose of law. D. If the pawner or a pledger fails to repay the loan during the period specified on the pawn ticket, the pawnbroker shall automatically extend a grace period of thirty(30) days from the default date on the loan during which the pawnbroker shall not dispose of or sell the personal property pledged. The parties may agree to extend or renew a loan upon terms agreed upon by the parties,provided the terms comply with the requirements of this chapter. E. Every pawnbroker shall, at the time of each advancement or each loan, deliver to the person pawning or pledging any goods, articles or things, a memorandum or note, signed by him or her, containing an identifying pledge number and the substance of the entry required to be made in the pawnbroker's record book required by this chapter, and no charge shall be made or received by any pawnbroker, loan broker or keeper of a loan office for any such entry, memorandum or note. F. Every pawnbroker shall for each article pledged attach thereto a tag with the pledge number, the time when said pledge was obtained and the amount of said pledge. G. It shall be unlawful for any person to sell or pledge any property to a pawnbroker that is not owned by the person selling or pledging such property. 3-13-17: RECORDS OF PURCHASES: Throughout the term of the license, every pawnbroker and resale dealer shall report/upload to LeadsOnline, or the City's current electronic reporting system, the below listed information for each and every transaction conducted during each day they were open for business by the end of that business day. All information shall be recorded in the English language. A transaction shall consist of all articles brought in to a pawnbroker or resale dealer for sale, barter, or trade, by an individual (pawner/seller) at the same time and date, and Ordinance No.2013- Page 8 includes the sale of non-junk/scrap articles by a pawnbroker or resale dealer to another person. Articles brought into a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter, trade or pawn, at different times on the same date by the same person shall be considered as separate transactions, regardless of how short the difference in time is between those transactions. Separate transactions, either from the same person or different persons, shall not be combined and reported collectively. Non-junk/scrap articles purchased by a pawnbroker from another business shall not be considered to be transactions for the purposes of this section, and are exempt from the reporting requirements of this section, and are also exempt from the waiting period. A. Transactions involving individually identifiable articles. 1. Purchases/receipts by licensees. Each individually identifiable article brought in to a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter or trade during a single transaction shall be itemized separately. Licensees shall not lump such articles together, but must provide a complete and thorough description of each item to include the following: a. Type of article b. Brand name/make/manufacturer(if applicable). c. Model number(if applicable). d. Serial number(if applicable). e. Color/finish. f. Any other identifying marks, writing, engraving, etc. 2. A digital photograph(s) shall be taken of each individually identifiable article, sufficiently detailed to allow reasonable identification of the article. The digital photograph(s) shall capture any identifying numbers, marks, writing, engraving, etc., or any other distinguishing characteristics. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid(not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. The date and time of the transaction. 5. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. B. Transactions involving non-individually identifiable articles. 1. Non-individually identifiable articles may be recorded or reported in bulk, but must specify the weight, type and form of the bulk material. Ordinance No.2013- Page 9 2. Each different type and form of non-individually identifiable articles brought in to a pawnbroker or resale dealer by an individual for sale, barter or trade during a transaction shall be associated with the person who brought the material in. 3. A photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid(not expired) card issued by a government entity of the United States, and must include the seller's first and last name, current address, date of birth, and physical descriptors. If the seller is selling on behalf of a company or business, the name, address, and telephone number of such company or business shall also be recorded/reported. 4. A digital photograph or, if the licensee has a video system, video segment of each individual type & form of bulk material purchased by the licensee shall be linked to the record of that transaction in LeadsOnline or the City's current electronic reporting system. 5. The date and time of the transaction. 6. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. C. Coins and paper money. I.Purchases/receipts by licensees. a. Coins have no distinguishing characteristics that separate them from other coins of the same mintage, and although paper money is serial numbered, those serial numbers are so seldom known by their last possessor that paper money is effectively indistinguishable from other paper money of the same denomination. Furthermore, unlike coins made of precious metals, paper money seldom carries any value significantly beyond the face value of the bill, and when stolen is usually used directly as cash and not sold to a currency dealer. Accordingly, coins or paper money brought in by an individual (pawner/seller) for sale, barter, or trade during a single transaction do not need to be itemized individually, but rather may be recorded or reported in bulk. b. Coins or paper money brought in to a pawnbroker or resale dealer by an individual (pawner/seller) for sale, barter, or trade during a transaction shall be associated with the person (pawner/seller) who brought the article in. The licensee shall record/report the following information for each such transaction: i. The name, current address and date of birth of the seller. ii. A digital photographic or scanned image of a photo ID card of the pawner/seller, sufficiently clear to allow the information on the ID to be read. The photo ID must be a currently valid (not expired) card issued by a government entity of the United States, and must Ordinance No.2013- Page 10 include the seller's first and last name, current address, date of birth, and physical descriptors. iii. The date and time of the transaction. iv. The quantities and types of coins or paper money present. If coins are all of the same type, they shall be reported by either quantity or weight, and type (e.g., 5 Morgan silver dollars, 25 buffalo nickels, 5 lbs. of wheat pennies, etc.). If coins are from a collection, a description of the theme of the collection (e.g., Bicentennial coins, state quarters, etc.) along with the number of coins shall be provided. If coins represent an accumulation of disparate coins with no overall theme, a generic description of the type and quantity of coins shall be provided (e.g., approximately 200 U.S. coins of miscellaneous dates & denominations, approximately 100 foreign coins from various countries, etc.). Paper money shall be reported by quantity and type (e.g., 25 U.S. $5 silver certificates, etc.). v. A signed statement of the person from whom the property was obtained that he or she is over eighteen (18) years of age and the legal owner of same clear of all attachments and with the legal right to sell. c. As a photograph of coins or paper money conveys no more information than can be obtained from the written descriptions required by Paragraph 3 (A)(II)(d) of this section, no photographs of coins or paper money are required. 2. In the event the electronic reporting system malfunctions or is otherwise not operational, the licensee shall, at all times during such malfunction or non-operation,be required to keep written records of any and all transactions made during the period of malfunction or non- operation, to include all information required by this section. These written records shall be reported/uploaded to LeadsOnline, or the City's current electronic reporting system, as soon as practicable after the electronic reporting system is functional. No such written records shall be erased, mutilated or changed. Written records shall be open and available for review upon request by any police officer during regular business hours. 3-13-18: REPORTS TO CHIEF OF POLICE: A. The Police Department shall enter into a contract for service and maintain its contract for service with LeadsOnline, or a similar entity as designated by the chief of police, in order to enhance its investigative services to protect pawnbrokers and resale dealers and members of the general public. In the event of a change to its electronic reporting system, the City will notify all impacted licensees of the change within a reasonable time prior to such change. B. Every pawnbroker and resale dealer shall operate and maintain a computer system with internet access and photographic or video capability sufficient for the electronic Ordinance No.2013- Page 11 reporting requirements described in this chapter. Any failure or malfunction of such equipment on the part of the licensee shall not exempt the licensee from the recording/reporting requirements outlined in this chapter. The licensee shall immediately notify the police department of any such failure or malfunction, and shall have such resolved as soon as practicable. Failure by the licensee to resolve any failure or malfunction of equipment in a reasonable amount of time will lead to license revocation proceedings. C. No pawnbroker or resale dealer shall be required to furnish such description of any new property purchased by the pawnbroker or resale dealer from manufacturers, other retailers or wholesale dealers having an established place of business, or of any goods purchased at open sale, or from a bankrupt stock. Such goods must be accompanied by a bill of sale or other evidence of open and legitimate purchase and shall at all times during the pawnbroker or resale dealer's business hours be open to the inspection of members of the City's police department. 3-13-19: INSPECTION OF PREMISES: Every pawnbroker or resale dealer under this chapter and every person employed by him in the conduct of business shall admit to any and every part of the premises designated in the license, during the resale dealer's business hours, any police officer of the City to examine any goods, articles, things or books or other records on the premises dealing with purchase or sale of used property. 3-13-20: WAITING PERIOD: A. No pawnbroker or resale dealer shall expose for sale, sell, trade, barter, melt, crush/compact, destroy, or otherwise dispose of, any individually identifiable article within seven(7) days of the time of purchasing or receiving the same. B.No pawnbroker or resale dealer shall expose for sale, sell, trade,barter, melt, crush/compact, destroy, or otherwise dispose of any non-individually identifiable jewelry or other non- individually identifiable articles within twenty-four(24)hours of the time of purchasing or receiving the same. C. Any coins, paper money, or bullion shall be exempt from a waiting period. 3-13-21: REMOVAL OF IDENTIFYING MARKS PROHIBITED: No pawnbroker or resale dealer shall remove, alter or obliterate any manufacturer's make, model or serial number,personal identification number, or identifying marks engraved or etched upon an item of personal property that was purchased or received by the pawnbroker or resale dealer. 3-13-22: VIDEO CAMERA SURVEILLANCE REQUIRED: Each pawnbroker and resale dealer shall be required to install, operate and maintain a video camera surveillance system capable of recording clear and unobstructed photographic Ordinance No.2013- Page 12 representations of the pawnbroker or resale dealer's customers and shall retain the videotape recordings produced therefrom for at least thirty(30) days. Said videotape recording shall be subject to inspection and copying by members of the City's police department during the licensee's business hours. 3-13-23: INVENTORY SYSTEM: Every pawnbroker and resale dealer shall maintain an inventory system of all property purchased or received in such a manner that members of the City's police department making an inspection pursuant to this chapter can readily ascertain the identity of such property and readily locate such property on the licensed premises. 3-13-24: SUSPENSION OR REVOCATION: In addition to any other penalty which may be authorized by this chapter or other City ordinances, a license may be suspended or revoked for: A. Failure of the pawnbroker or resale dealer licensee, its officers, agents or employees to comply with any provision of this chapter, any other applicable ordinances, the laws of the state, federal laws or other applicable legal requirements; B. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have been convicted of any offense set forth in subsection 3-13-91) of this chapter; or C. Finding that the pawnbroker or resale dealer licensee, its partners, officers or shareholders have knowingly furnished false or misleading information or withheld relevant information on any application for a license required by this chapter or any investigation on any application. D. The pawnbroker or resale dealer shall be responsible for the acts of its agents, servants and employees in the operation of the business. Prior to holding a hearing concerning the question of whether a license shall be revoked or suspended, the City Clerk shall give at least ten (10) days'written notice to the pawnbroker or resale dealer setting forth the alleged violation specifically. The pawnbroker or resale dealer may present evidence and cross examine witnesses at such hearing. 3-13-25: PENALTY FOR VIOLATION: A. Any person violating any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Any person convicted of an offense under this chapter, in addition to other legal and equitable remedies available to the City, shall be punished by a fine in an amount of not less than two hundred fifty dollars ($250.00) for each offense. B. Any person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punished accordingly. C. The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the City to suspend, revoke or to refuse to renew a license or to seek injunctive relief to enjoin violations of this chapter or other applicable provisions of law. Ordinance No.2013- Page 13 3-13-26: SEVERABILITY: If any provision, cause, sentence,paragraph, section or part of this chapter or application thereof to any person or circumstance, shall or any reason to be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, impair or invalidate the remainder of this chapter and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this chapter would have been adopted had such constitutional or invalid provisions, clause, sentence,paragraph, section or part thereof not been included." Section 2: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 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 , 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , 2013. MAYOR Ordinance No.2013- Page 14 Reviewed By: Agenda Item Number 6 Legal ❑ ADM#1 Finance ❑ EST. -� __ti 1838 Engineer ❑ -- City Administrator ■ Tracking Number Human Resources ❑ `=Q Community Development ADM 2012-58 Police ALE � Public Works ❑ Parks and Recreation ❑ Agenda Item Summary Memo Title: Procedural Ordinance Amendment Meeting and Date: City Council May 16, 2013 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: March/April 2013 Action Taken: Research committee structures Item Number: Type of Vote Required: Majority Council Action Requested: Direction Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: City Council EST. 183fi From: Bart Olson, City Administrator ' CC: Date: May 9, 2013 Subject: Procedural ordinance amendment LJILL E�% Summary Review of an ordinance which would change the Summer-only COW meetings to year-round COW meetings. Background The procedural ordinance was amended twice in 2012. The first amendment implemented the Summer COW meetings, and the second amendment implemented the two citizen comment sections on City Council agenda. For the past several months, the Administration Committee has been reviewing a proposal to make the COW meetings year-round. The proposed format would be COW on the first Tuesday of the month, City Council on the second Tuesday, COW on the third Tuesday, and City Council on the fourth Tuesday. The attached ordinance reflects those proposed changes. The attached ordinance was passed out of committee for discussion. No formal recommendation was attached to the ordinance. If the ordinance is not approved by the City Council, the Summer-only COW meeting schedule will remain, and we would begin our one-COW, one-City Council meeting per month in June. Recommendation Staff offers no formal recommendation for or against the attached ordinance. City Council meeting structure is a City Council prerogative. Ordinance No. 2013- AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS,the City Council of the United City of Yorkville first passed a Procedural Ordinance on November 8, 2011 as Ordinance 2011-65, and revised said ordinance on April 24, 2012 as Ordinance 2012-09 and again on October 9, 2012 as Ordinance 2012-33; and, WHEREAS,the City Council of the United City of Yorkville, in accordance with the Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City ordinance; and, WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS,the City Council has discussed implementing additional procedures to supplement Roberts Rules of Order regarding City Council meetings and the four standing committees of the City Council—Administration, Economic Development, Public Safety and Public Works. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Procedures for City Council Meetings: a D -ing the months of September-thfo gh May, City Council Meetings shall be regularly scheduled to convene on the 2nd and 4th Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. For-the menths of Tane, my, an Ordinance No.2013- Page 1 Tuesday of eaeh month at 7:00 p.m. iff the City Hall Couneil Chaffibefs. b. Citizens in attendance at any meeting of the City Council shall be entitled to address the City Council on any agenda item prior to the Council's consideration of the Consent Agenda in order to permit the work of the City Council to proceed. Citizens shall be entitled to address the City Council on any matter immediately prior to adjournment. c. No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. This provision may be waived by a supermajority of the City Council. d. City Council meeting agenda items may be added by the Mayor, consent of four (4) aldermen, or direction from a committee. e. The Mayor shall preside over City Council meeting as the Chairman,unless the Mayor is unavailable, at which time the Mayor Pro Tem shall preside. £ The City Council shall appoint the Mayor Pro Tem at the first City Council meeting each May. The appointment shall occur by calling for open nominations at the meeting, and then a roll call votes on the nominations. Section 2. Procedures for Committee of the Whole Meetings: a. Dufing the menths of itme, july, and ^ttgtst-Committee of the Whole meetings shall be regularly scheduled to convene on the l st and 3'd 2�d Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. b. Committee of the Whole agenda items may be added by the Mayor or any alderman. c. Citizens in attendance at any meeting of the Committee of the Whole shall be entitled to address the City Council on any agenda item in order to permit the work of the City Council to proceed. Citizens shall be entitled to address the City Council on any matter prior to adjournment. d. Each section of the Committee of the Whole meeting shall be presided over by the respective Committee's Chairman, or in the absence of the chairman, by the vice-chairman. e. The Mayor shall select committee chairmen and vice-chairmen. f. Chairmen shall select liaisons to other organizations and boards by any means they deem necessary, provided that the other organizations by-laws may govern the selection of the liaison. 9. The four committees shall be: i. Administration Ordinance No.2013- Page 2 ii. Economic Development iii. Public Safety iv. Public Works e h.The intent of the Committee of the Whole is that each agenda item is discussed by the City Council as a whole, prior to its movement onto a subsequent City Council meeting (as directed by the Mayor or any four aldermen). SeefieH 3. Preeedur-es for-Committee Meetings! a. Der-ing the months of September-thr-ettgh May, Committee meetings shall be Y-egelar-ly held fflanthly, at the dates, tiffies and leeations as appfaved by the G ;tt° T b. The Mayof: shall be a non voting member-of all standi e. The Mayor-shall seleet eommittee f:estefs at the first City Couneil , tmanifflatis eefisent of the aldefmea trading seats and the Mayor-. fi�Any aldei=man may add any agenda item rcv-airy-cvmnrrcccc-crgcncrcr g. Chairmen shall seleet liaisons to other- of: �nd beards by any fneans they deem neeessafy, provide that thke 9fis by laws may gevefn the seleetion of the liaison. h The ouf eonimittees shall i. Administfatie ii. Eeonofnie Development mi Public Safety iv. Dublie Works i. Each committee shall be pr-esided ovet!by its ehaifman, of! in the absenee o j. Committee fneetings may be eaneelled by the Chaifman of the eof"Mittee if -k-.a.Whefi moving items ffom the eemmittee agenda to a City Couneil agenda, the eommittee shall make a reeommendation whether-that itefn should be o eenunittee shall make . ,,d do whether the item is p for f;,-st Feading, or-is on the Gity Gotmeil agenda for- • Ordinance No.2013- Page 3 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. 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2013. MAYOR Ordinance No.2013- Page 4 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 16th day of May, 2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on , 2013. Ordinance No. 2013- AN ORDINANCE REGARDING CITY COUNCIL PROCEDURES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS,the City Council of the United City of Yorkville first passed a Procedural Ordinance on November 8, 2011 as Ordinance 2011-65, and revised said ordinance on April 24, 2012 as Ordinance 2012-09 and again on October 9, 2012 as Ordinance 2012-33; and, WHEREAS,the City Council of the United City of Yorkville, in accordance with the Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City ordinance; and, WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS,the City Council has discussed implementing additional procedures to supplement Roberts Rules of Order regarding City Council meetings and the four standing committees of the City Council—Administration, Economic Development, Public Safety and Public Works. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Procedures for City Council Meetings: a. City Council Meetings shall be regularly scheduled to convene on the 2nd and4th Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. Ordinance No.2013- Page 2 b. Citizens in attendance at any meeting of the City Council shall be entitled to address the City Council on any agenda item prior to the Council's consideration of the Consent Agenda in order to permit the work of the City Council to proceed. Citizens shall be entitled to address the City Council on any matter immediately prior to adjournment. c. No application presented during a public hearing shall be voted on during the same City Council meeting in which that public hearing is held. This provision may be waived by a supermajority of the City Council. d. City Council meeting agenda items may be added by the Mayor, consent of four (4) aldermen, or direction from a committee. e. The Mayor shall preside over City Council meeting as the Chairman,unless the Mayor is unavailable, at which time the Mayor Pro Tem shall preside. f. The City Council shall appoint the Mayor Pro Tem at the first City Council meeting each May. The appointment shall occur by calling for open nominations at the meeting, and then a roll call votes on the nominations. Section 2. Procedures for Committee of the Whole Meetings: a. Committee of the Whole meetings shall be regularly scheduled to convene on the 1St and 3rd Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers. b. Committee of the Whole agenda items may be added by the Mayor or any alderman. c. Citizens in attendance at any meeting of the Committee of the Whole shall be entitled to address the City Council on any agenda item in order to permit the work of the City Council to proceed. Citizens shall be entitled to address the City Council on any matter prior to adjournment. d. Each section of the Committee of the Whole meeting shall be presided over by the respective Committee's Chairman, or in the absence of the chairman, by the vice-chairman. e. The Mayor shall select committee chairmen and vice-chairmen. f. Chairmen shall select liaisons to other organizations and boards by any means they deem necessary, provided that the other organizations by-laws may govern the selection of the liaison. g. The four committees shall be: i. Administration ii. Economic Development iii. Public Safety iv. Public Works Ordinance No.2013- Page 3 h. The intent of the Committee of the Whole is that each agenda item is discussed by the City Council as a whole, prior to its movement onto a subsequent City Council meeting (as directed by the Mayor or any four aldermen). 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. 2013. CITY CLERK CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI LARRY KOT JOEL FRIEDERS CHRIS FUNKHOUSER ROSE ANN SPEARS DIANE TEELING Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2013. MAYOR Ordinance No.2013- Page 4 Reviewed By: Agenda Item Number 0 �► Legal ■ ZBA#1 Finance ❑ EST. -�` _ ti W36 Engineer ❑ �:--- g Tracking Number uJ City Administrator ■ Consultant El ZBA 2013-01 ALE ��' ❑ Agenda Item Summary Memo Title: McDonald's Property- Signage Variance Request Meeting and Date: City Council /May 16, 2013 Synopsis: Consideration of a request for sign variance for the McDonald's restaurant at 3 W. Veterans Parkway. Council Action Previously Taken: Date of Action: May 1, 2013 Action Taken: ZBA Recommendation Item Number: ZBA 2013-01 Type of Vote Required: Majority Council Action Requested: Vote Submitted by: Krysti J. Barksdale-Noble Community Development Director Name Department Agenda Item Notes: See attached staff report. D C/r Memorandum o J To: City Council EST. -� less From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator p QW Date: May 6, 2013 �oa 5as Subject: ZBA 2013-01 <kE IVY McDonald's Restaurant—Veterans Parkway(US Rte.34) Signage Variance Request in the B-2 General Business District Background& Request: The applicant, McDonald's USA, LLC owns the property located at 3 W. Veterans Parkway(US Route 34) and operates a fast-food drive through restaurant facility. The approximately 35,300-sq. foot property (0.81 acres) is zoned B-2 General Business District and the applicant is proposing an overall redevelopment of the site, including a new restaurant structure with dual drive through lanes and slight reconfiguration of the parking lot. Due to the future widening and reconstruction of Route 47 at the intersection of Route 34, IDOT will acquire a portion of the property's frontage through eminent domain for additional State right-of- way. As a result of this condemnation action, the property owner is requesting relief from Section 8- 11-9-A-1 of the Sign Code to install reinstall the existing permanent ground sign which exceeds the maximum permitted sign area of 32 square feet and overall height of eight(8)feet. The existing sign currently has a sign area of approximately 124 square feet with an overall height of twenty-six (26) feet. The existing pole-type sign, although once permitted under the City's previous sign ordinance, does not have a brick, stone or masonry base material designed to complement the building fagade material as required by the current Sign Code. Zoning Board of Appeals Action: The Zoning Board of Appeals reviewed the request at a public hearing held on May 1, 2013 and made the following motion: In consideration of testimony presented during a Public Hearing on May 1, 2013 and discussions conducted at that meeting, the Zoning Board of Appeals recommends approval to the City Council of McDonald's USA, LLC, Petitioner, to vary the sign regulations contained in City Code Section 8-11-9-A-1 to permit a free standing pole sign in a business district on a lot less than three (3) acres up to two hundred and twenty (220) square feet in overall area, twenty-six (26)feet or less in height, and not constructed with a base or supporting columns made of brick, stone or masonry material. This request is for the relocation of the existing pole sign to allow for the widening of Route 47. Baker— aye; Johnson — aye; Skinner — aye; Hirsch-aye; Pekich-abstain. (4-ayes, 0-nays, 1- abstention) STANDARDS FOR GRANTING A VARIANCE: The Zoning Board of Appeals based its decision to vary the parking lot setback regulations of the Zoning Ordinance upon the following standards (Section 10-14-5C). Responses to these standards have been provided by the applicant in the attached application and entered into the public record: 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result,as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally,to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. SIGN VARIATIONS (SECTION 8-11-13): In addition to the procedures and standards listed in Section 10-15-5 of the Zoning Code regarding variations from the requirements, the Zoning Board of Appeals also considered the following factors related to 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 twenty thousand(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. Staff Comments & Recommendation: In 2010, the City Council granted a variance (Ord. 2010-26) allowing those existing ground signs located along Rte. 47 and Rte. 34 to remain if they were in substantial conformance with the current Sign Code criteria or would not be removed/relocated as a result of the Route 47 widening and reconstruction project. The subject property's sign was included in that ordinance; however, the intent of the ordinance was to lessen the burden of existing businesses who would otherwise have not made any additional site or sign improvements but for IDOT's widening of Route 47 roadway plans. Upon reviewed the submitted plans, staff believed McDonald's proposed overall site redevelopment and potential updating of the existing pole sign content area (replacement faces and moldings only) should the existing sign be damaged during relocation,warranted a review of the existing signage variance. For your reference, attached is staff's memorandum to the ZBA and draft ordinance. C1r Memorandum 0 0' "� To: Zoning Board of Appeals EST. ! W- 1836 From: Krysti J. Barksdale-Noble, Community Development Director --� CC: Bart Olson, City Administrator p Date: April 25, 2013 °°° $eE t°unTy �„_® Subject: ZBA 2013-01 Kendae �^<LE w McDonald's Restaurant—Veterans Parkway (US Rte. 34) Signage Variance Request in the B-2 General Business District ZBA PUBLIC HEARING: The City has received an application from McDonald's USA, LLC seeking a variance from Section 8-11-9-A-1 of the City's sign regulations to permit a free standing pole sign up to one hundred and twenty-four (124) square feet in overall area, approximately twenty-six (26) feet in height and not constructed with a base or supporting columns made of brick, stone or masonry material in a business district on a lot less than three (3) acres. This request is for the relocation of the existing pole sign to allow for the widening of Route 47 and part of an overall site redevelopment plan. BACKGROUND&REQUEST: The applicant, McDonald's USA, LLC owns the property located at 3 W. Veterans Parkway (US Route 34) and operates a fast-food drive through restaurant facility. The approximately 35,300-sq. foot property (0.81 acres) is zoned B-2 General Business District and the applicant is proposing an overall redevelopment of the site, including a new restaurant structure with dual drive through lanes and slight reconfiguration of the parking lot. Due to the pending widening and reconstruction of Route 47 at the intersection of Route 34 less than 500 feet west of the subject property,the Illinois Department of Transportation(IDOT) has acquired a portion of the property's frontage through eminent domain for additional State right-of-way. As a result of this condemnation action, the existing monopole ground sign will need to be removed and relocated, as it is within the IDOT right-of-way. The applicant is requesting relief from Section 8-11-9-A-1 of the Sign Code to install reinstall the existing permanent ground sign which exceeds the maximum permitted sign area of 32 square feet and overall height of eight (8) feet. The existing sign currently has a sign area of approximately 124 square feet with an overall height of twenty-six (26) feet. The existing pole-type sign, although once permitted under the City's previous sign ordinance, does not have a brick, stone or masonry base material designed to complement the building fagade material as required by the current Sign Code. EXISTING CONDITIONS: The existing monopole sign does not conform to the recently adopted Sign Code criteria with regards to size,height or materials. In 2010, the City Council granted a variance (Ord. 2010-26) allowing those existing ground signs located along Rte. 47 and Rte. 34 to remain if they were in substantial conformance with the current Sign Code criteria or would not be removed/relocated as a result of the Route 47 widening and reconstruction project. The subject property's sign was included in that ordinance; however, the intent of the ordinance was to lessen the burden of existing businesses who would otherwise have not made any additional site or sign improvements but for IDOT's widening of Route 47 roadway plans. Therefore, staff believes McDonald's proposed updating of the existing pole sign (replacement faces and moldings only) and overall site redevelopment, inclusive of new building and parking lot warrants a review of the existing signage variance. The Route 47 widening and reconstruction project will acquire an approximately 25 foot strip of land along the frontage of Route 34 adjacent to the subject property. Route 34 is defined as a major arterial roadway, which has a posted maximum speed limit of 40 miles per hour(mph) in this area and an average annual daily traffic volume(ADT)of approximately 22,700 vehicles'. STANDARDS FOR GRANTING A VARIANCE: The Zoning Board of Appeals must base its decision to vary, or recommend varying, any regulation of the Zoning Ordinance upon the following standards (Section 10-14-5C). Responses to these standards have been provided by the applicant in the attached application. 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result,as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally,to other property within the same zoning classification. 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. SIGN VARIATIONS (SECTION 8-11-13): In addition to the procedures and standards listed in Section 10-15-5 of the Zoning Code regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors related to 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 twenty thousand(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. ' Source:2009 Illinois Department of Transportation(IDOT)Statistical maps htW://www.dot.il.;zov/trafficmqps/adt chicago.pd f. ZBA ACTION: Upon closing the hearing, staff requests that the Zoning Board of Appeals make its findings for variance based upon each of the standards listed above and evidence provided by the testimony given and the application. The purpose of the standards is to help guide you in making your decision. Municipal Code 10-14-5 (D) outlines occasions when the Zoning Board of Appeals may make a final determination. However, Sign Code variances are not covered by this Section. Therefore, the ZBA will be making_a recommendation to the City Council regarding the he sign variance request. After making your findings, a recommendation regarding the sign variance request will then be forwarded to the City Council. Your recommendation for the request may be to approve the requested variance(s) as proposed, recommend approval of the requested variance(s) with condition(s), or recommend denial of the requested variance(s). Attachments: 1. Aerial of the Subject Property. 2. Sign Variance Application. 3. Freestanding Signage Exhibit prepared by Watermark Engineering Resources, Ltd dated March 15,2013. 4. Dimensioned Road Sign Illustration prepared by Everbrite,LLC. 5. Ordinance 2010-26. 6. Public Hearing Notice. .7 i I �j i , —— :4�, _ - • I I a• ��..✓ i �� 1. „ �. - ��147 i. W Veterans+pkk, Hil' e- r► 1304 A o r 130 1304 C -' 1 j Y Y U,1304.D 13 0 - i 3 —i-eisure-st— United City Of Yorkville GIS The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.his the responsibility ofthe Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and Provided By Kendall County GIS appropriateness ofits use.The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. Application For Variance Request ' Name e ® • ee of e • D • • • LLC Attn : Business Address 1 Winfield ' • . • Suite 411 city [Warrenville State I • ' • 1 Business Phone 1630-836-4851 Business Fax F630-836-4804 Business Cell i yna `5 yr Name of • e • of D • • 's Corporat If Legal Title is e by a Land Trust, list the names of • of beneficial Property de Description of Property's North side of Veterans Parkway, just west of the intersection with Bridge Street. Zoning and Land Use of Surrounding Parcels North East B-2 General Business District -B-2 General Business District - vacant gas station South B-3 General Business District • West B-2 General Business District - office Current Zoning Classification I B-2 General Business District Kendall County ' Property 02-28-104-026 i i MAttorney Name I James E. Olguin Address 1835 McClintock Drive, Second Floor City Burr Ridge State Illinois ZIP 60527-0860 Phone 630-655-6000 Fax 630-655-9808 E-mail jeo @gsrnh .com Engineer Name I Watermark Engineering Resources, Ltd Address 12631 Ginger Woods Parkway, Suite 100 City Aurora State Illinois ZIP 60502 Phone 630-375-1800 Fax 630-236-9800 i E-mail dolson @watermark-engineering .com i Land Planner/Surveyor Name I Compass Surveying Ltd . Address 2631 Ginger Woods Parkway, Suite 100 City Aurora State IL ZIP 60502 Phone 630-820-9100 Fax 630-820-7030 E-mail s Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". I 8 it i I o . Please state the variance requested and the City Ordinance including the section numbers to be varied: The Applicant is requesting a variation to permit the existing pole sign . The existing sign will need to be relocated due to the widening of Illinois Route 47 . Please state how the particular surroundings, shape or topographical conditions ofthe specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of regulations was carried out: The property is located along Route 47 which is scheduled to be widened by the IDOT. As a result of the widening, the sign will need to be relocated. Additional property will need to be purchased to allow j the applicant to maintain the level of service they believe is necessary for their customers. Visibility of the restaurant will become paramount as it will be pushed back significantly due to the roadway widening and the City's requested bike path (which would need to be located on the Applicant's property). It will also be hidden from view by the adjacent car wash on the east and the office building to the west. These and other similar hardships were acknowledged and accepted by the City as part of Ordinance No. 2010-26 which approved variances for signs affected by the widening. Please state how the conditions upon which the application for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification: The above conditions are unique to the property. Large land takings due to ]DOT widening does not generally occur with other properties and most do not have to accommodate a bike path (normally located in the right of way). The proximity of the car wash to the east also limits visibility. In addition , Route 47 has high traffic volumes and higher speed limit than most in the City. Providing the requested signage will allow motorists to have sufficient advance notice of McDonald's location in order to make safe traffic movements. i Please state how the alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property: The sign the Applicant is seeking approval is already in existence and was constructed in accordance with the then applicable sign regulations. The need for the variation is a result of changes in the sign regulations. Consequently, the hardship was not caused by any person having an interest in the property. Similarly, the roadway widening and associated impacts were not created by the property owner. 9 i Application For Request Variance Standards Please state how the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located: The granting of the variation will not be detrimental to the public welfare or injurious to other properties or improvements. As the sign presently exists, allowing it to remain can in no way cause a negative impact. Please state how the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood: As noted above, the sign already exists. It is also proposed to be located along the east side of the property which abuts the gas station and car wash. At this location, there will be no impairment of air and light to adjacent properties. Also, there will be no increase in congestion in the public streets due to the variation. Allowing the sign to remain will have the benefit of increasing public safety by allowing motorists to identify the McDonald's restaurant in sufficient time to make safe traffic movements. rrequirements information in this application is true to the best of my knowledge. I understand and accept d fees as outlined as well as any incurred a dministrative and planning consultant fees which fore this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature Date McDonald' A,LLC 3/15/13 B ttorne THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: "OFFICIAL SEAL" BARBARAL STICCA < Notary Public,State of Illinots MY cbmmission Expires 04129114 10 ,QED Crp` United City of Yorkville County Seat of Kendall County 800 Game Farm Road Petitioner Deposit Account / Yorkville, Illinois, Acknowledgment of Financial Telephone: 630-553-453-4 350 �9 =o Fax: 630-553-7575 Website: www.yorkville.il.us Responsibility Development/Property Address: Project No.:FOR CITY USE ONLY Fund Account No.:FOR CITY USE ONLY 3 W.Veterans Parkway Petition/Approval Type:check appropriate box(es)of approval requested ❑Concept Plan Review ❑Amendment(Text)(Annexation)(Plat) ❑Annexation ❑Rezoning ❑Special Use ❑Mile and%Review O Zoning Variance ❑Preliminary Plan ❑Final Plans ❑P.U.D. l]Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include,but are not limited to, plan review of development approvals/engineering permits.Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees.Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process., the Financially Responsible Party will receive an invoice reflecting the charges made against the account.At any time the balance of the fund account fall below ten percent (10 0/.) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent(100 9/)of the initial deposit if subsequent reviews/fees related to the project are required.In the event that a deposit account is not immediately replenished,review by the administrative staff,consultants,boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project,the city will refund the balance to the Financially Responsible Party.A written request must be submitted by the Financially Responsible Party to the city by the 15th of the month in order for the refund check to be processed and distributed by the 15� of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip Code: McDonald's USA, LLC 4320 Winfield Road, Suite 400 Warrenville Illinois 60555 Telephone: Mobile: Fax: E-mail: 630-836-9090 630-836-9191 Libby.Fisher @us.mcd.com Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville,I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds.Should the account go into deficit,all City work may stop until the requested replenishment deposit is received. Print Name: ib y Fis Title: Regional Construction Manager Signatur Date: 3-15-13 *The name of the individual and t son who signs this declaration must be the same. If a corporation is listed, a corporate officer must sign the declaration(President, Vice-President, Chairman,Secretary or Treasurer) FOR CITY USE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested: ❑ Completed❑ Inactive Print Name: ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑Comm Dev. ❑Building ❑Engineering ❑Finance ❑Admin. 11 EXHIBIT A LEGAL DESCRIPTION: PARCEL 1 : LOT 1 , MCDONALD SUBDIVISION, YORKVILLE, KENDALL COUNTY, ILLINOIS, (EXCEPTING THEREFROM THAT PORTION OF SAID LOT 1 TAKEN IN CONDEMNATION CASE NO. 2011ED24, AN ORDER VESTING TITLE WAS RECORDED DECEMBER 15, 2011 AS DOCUMENT 201100020875, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 ; THENCE SOUTH 00 DEGREES 16 MINUTES 40 SECONDS EAST 50. 809 METERS (166.70 FEET) ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE SOUTH 80 DEGREES 46 MINUTES 52 SECONDS EAST 42.709 METERS (140. 12 FEET); THENCE EASTERLY 17.701 METERS (58.07 FEET)ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3,474.758 METERS (11 ,400. 10 FEET), THE CHORD OF SAID CURVE BEARS SOUTH 80 DEGREES 55 MINUTES 37 SECONDS EAST 17.701 METERS (58 .07 FEET), TO THE EAST LINE OF SAID LOT 1 ; THENCE SOUTH 04 DEGREES 09 MINUTES 21 SECONDS WEST 2.611 METERS (8 .57 FEET) ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY 9.284 METERS (30.46 FEET) ALONG THE SOUTH LINE OF SAID LOT 1 BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 4, 137.479 METERS (13,574.38 FEET), THE CHORD OF SAID CURVE BEARS NORTH 80 DEGREES 46 MINUTES 47 SECONDS WEST 9.284 METERS (30.46 FEET); THENCE NORTH 80 DEGREES 42 MINUTES 56 SECONDS WEST 50.938 METERS (167. 12 FEET) j ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 DEGREES 16 MINUTES 40 SECONDS WEST 2.531 METERS (8 .30 FEET) ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING) PARCEL 1 BEING ALSO DESCRIBED AS FOLLOWS : THAT PART OF LOT 1 IN MCDONALD SUBDIVISION, BEING A SUBDIVISION IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS DOCUMENT NUMBER 77-1591 , MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 ; THENCE SOUTH 04 DEGREES 44 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 1 , A DISTANCE OF 166.22 FEET TO THE NORTHEAST CORNER OF THE LAND TAKEN IN CONDEMNATION CASE NO. 2011 ED24, DESCRIBED IN AN ORDER VESTING TITLE RECORDED DECEMBER 15, 2011 AS DOCUMENT 201100020875 ; THENCE NORTH- WESTERLY ALONG THE NORTHERLY LINE OF SAID LAND TAKEN BY CONDEMNATION CASE NO. 2011 ED24, BEING A CURVE CONCAVE NORTHEASTERLY, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 11400. 10 FEET, A CENTRAL ANGLE OF 00 DEGREES 17 MINUTES 31 SECONDS, A CHORD BEARING OF NORTH 80 DEGREES 21 MINUTES 27 SECONDS WEST, A CHORD LENGTH OF 58.07 FEET, AN ARC LENGTH OF 58.07 FEET TO A POINT OF TANGENCY; THENCE NORTH 80 DEGREES 12 MINUTES 42 SECONDS WEST ALONG SAID NORTHERLY LINE, 140. 12 FEET TO THE NORTHWEST CORNER OF SAID LAND TAKEN BY CONDEMNATION CASENO. 2011 ED24, SAID NORTHWEST CORNER BEING ON THE WEST LINE OF SAID LOT 1 ; THENCE NORTH 00 DEGREES 18 MINUTES 59 SECONDS EAST ALONG SAID WEST LINE, 166.49 FEET TO THE NORTHWEST CORNER OF SAID LOT l ; THENCE SOUTH 80 DEGREES 37 MINUTES 13 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT 13 A DISTANCE OF 210.96 FEET TO THE POINT OF BEGINNING; IN KENDALL COUNTY, ILLINOIS. PIN: 02-28- 104-026 ADDRESS : 3 West Veterans Parkway 672408.1 EXHIBIT 'B" I I 02-28-104-025 02-28-104-024 02-28-104-015 1ST ST BANK TR OF HAN PK % EQUILON ENTERPRISES LLC CASTLE BANK NA TR 2584 CASTLE BANK OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER PO BOX 4369 121 W. LINCOLN HWY. 109 W. VETERANS PKWY. HOUSTON, TX 77210 DE KALB, IL 60115 YORKVILLE, IL 60560 02-28-104-021 02-28-103-003 02-28-103-002 OXFORD BK PIZZA HUT OF AMERICA INC CASTLE BANK YORKVILLE C% LYON DEAN #405134 OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 121 W. LINCOLN HWY. 1229 EMERALD DR. PO BOX 35370 DE KALB, IL 60115 LEMONT, IL 60439 LOUISVILLE, KY 40232 02-28- 103-001 02-28-176-019 02-28-176-018 RWJ YORKVILLE LLC, GARY D. SCHLAPP ATTN: BOB JUCKINESS YORKVILLE MOOSE LDGE 2371 OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 1022 INDEPENDENCE DR. 1010 JORIE BLVD, #322 1502 N. BRIDGE ST. YORKVILLE, IL 60560 OAK BROOK, IL 60523 YORKVILLE, IL 60560 02-28-176-033 02-28-177-034 & 035 02-28-154-014, 023, 026, 027, 028 JP MORGAN CHASE BANK NA, AMALGAMATEDBANKCHICAGO MCOHI 0241 PROGRESS HOLDINGS LLC % NATL SHOPPING PLAZAS OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 1111 POLARIS PKWY., STE lE 4277 BLACKSTONE CT. 200 W. MADISON ST., STE 4200 COLUMBUS, OH 43240 MIDDLETON, NY 53562 CHICAGO, IL 60606 02-28-154-015 02-28-154-022 02-28- 154-025 BOWLMORE LLC MICHAEL,&NANNETTE GROMMES % PATTIE MENINI ROBERT J. & EDA M. COLEMAN OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 1209 N. BRIDGE ST. 7N402 OAKPOINT CT. 334 GARDEN CIR. YORKVILLE, IL 60560 SAINT CHARLES, IL 60175 YORKVILLE, IL 60560 02-28-154-002 02-28-154-024 02-28-154-005 ANDREW J & JOHN WEIS LAWRENCE J. BLAKEMAN AND NICHOLAS A. WEIS AND DIANE M. MAYSE NORMAN P. & SANDRA J. BAXA OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 14 OTTAWA CT. 1210 SUNSET AVE. 1208 SUNSET ST. OS WEGO, IL 60543 YORKVILLE, IL 60560 YORKVILLE, IL 60560 02-28- 155-002 02-28-156-001 02-28-151 -008 BDB PROPERTIES LLC 215 HILLCREST LLC % BRIAN BERKEY LAWRENCE J/DELORES BECKER OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER PO BOX 577 207 A HILLCREST AVE. 206 LEISURE ST. YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 02-28-151 -009 02-28-151 -010 02-28-151-003 MICHAEL & LISA THOMAS SHIRLEY WALKER THOMAS W. &ROCKLYNGRANT OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 204 LEISURE ST. 1203 SUNSET AVE. 39 MEYER ST YORKVILLE, IL 60560 YORKVILLE, IL 60560 PLANO, IL 60545 02-28-151 -012 02-28-151-024 02-28-151 -023 NOLAN LEE & ASSOCIATION FOR INDIVIDUAL BRET J. PAGEL SANDRA CISNEROS DEV. OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 309 NEW INDIAN TRAIL CT W 201 B LEISURE ST. 201 A LEISURE ST. AURORA, IL 60506 YORKVILLE, IL 60560 YORKVILLE, IL 60560 02-28-151 -013 02-28-151-014 02-28-151-027 JAMES C. PANAGAKIS DAVID J. CORWIN SHARON K. CAMERON OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 1365 E. NORMAN DR. 207 LEISURE ST. 209 B LEISURE ST. PALATINE, IL 60074 YORKVILLE, IL 60560 YORKVILLE, IL 60560 02-28-151-028 02-28-151 -016 02-28-151-025 SHIRLEY A. MCELHATTAN DONALD & BONNIE L BENDITZ EDWARD C. & ROBIN K GAWNE OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 209 A LEISURE ST. 211 LEISURE ST. 22 WOODLAND DR YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 02-28-151-026 02-28-151-019 02-28-151 -022 MICHAEL PRICE GRANT PAGEL LINDA L. GRANBUR OR CURRENT OWNER OR CURRENT OWNER OR CURRENT OWNER 214A HILLCREST AVE. 206 B HILLCREST AVE. 204 B HILLCREST AVE. YORKVILLE, IL 60560 YORKVILLE, IL 60560 YORKVILLE, IL 60560 02-28- 151 -021 JERRY D. HILLIGOSS OR CURRENT OWNER 204 A HILLCREST YORKVILLE, IL 60560 672440. 1 it �v 7 � III \ RESUBDIVISION OF PART OF BLOCK 1 w III \\ COUNTRYSIDE CENTER UNIT 0 COU N0. 1 III vvv DOCUMENT NUMBER 79-1982 FREESTANDING SIGN LEGEND Ili vv, III \\\ McDONALD'S RELOCATED 70/100 ROAD SIGN 2 McDONALD'S DIRECTIONAL SIGN „ 14'—2 Everbrite .r k Ir1 A 2611 Directiona I Sign U) 14' 26. Illumination: LED LA WO cm Electrical: .17 amps 120V 60Hx W 10' B - 279 cm ° Power Supply: HIGH PERFECTION LP7090-24 I 15'36 �- - - - �' � III '�W /i\ 2 6' Ship 4Mteght: 3©Ibs. l 98 �'-, ,/\/ - 24' /i 60.96 cm Other, •Shown with available faces /� - �e /// BACON , •4'and5'pole also available --- \ BUSH LINE /// NEPOIMLE 1169 3 III n�Hl + -------------- =�,/ 3i1/1�0 �R �� ' it ��. ir ----------- %mil 20' ZONING REAR YARD I III ----- 1 - ------------------ 1160 z - - Prepared For: II 2 4 a O III d ° 4_ a ° 00 III 12-0 d z a ° d ° ��I Everbrite,LLC, 315 Marion Ave.,South Milwaukee,WI,53172' P:888-857-4478 F:877-430-7363 www.everbrite.com z e a '. (D II e 0 8 ' BCX V, C © 11 I IJI N °a BOX°' a o e °'. d' 3 � II 7 7 G - ---- - 'a e e ,_— a II McDONALD'S MENU BOARD 4 McDONALD'S DOUBLE WELCOME POINT GATEWAY N I A Everbfite Everbrite 0 li 1 N _ OPO outdoor Menu Board Double Welcome Point Gateway w/Any Lane Any Time Bollard Face ,m„�„� ,� J PART OF BLOCK 1 \ =_—___— COUNTRYSIDE CENTER UNIT NO. 1 j ill • i Ae e -y 0 II J DOCUMENT NUMBER 71-3354 ill/ � , AIII °��,.:I' e LO II a r� e d I I .. °' 1C1'•0'S3a4.ea mnl � m Illumination: LED e'x 3F4'Ihick channel letters intact U O I..L 3 4aE2'VO black wl'Md)onak'a Yellow V J C' e aa44 � pp reAeafive vinyl B6n on Tacos. � � d. _ \ d \ III 4 Electrical: Secon'ira it 120/1/80,15 amp IJ�u IPJ �If ll� -- 70 amp Qy �\\ 1I — T SecandCircuit:t2011i$D,75 Clearance4Fret Clearance 4Feet `$• � j_4 20' e ,e ° % < �� II - ShipWetght 1,313tbs. I 1-d y''0" 1�r�//y'��• /^��, a� a� We ieel � m i et i i rr - /[•� W F \ / I �"VVV n�ted McQaneld'a III ° a ° d ea II Pj\� I . a _ Other: •Please call IMS for graphics, 0pa' e'mofa tuba qea once bar n � ' f' '.�•.:. 806.937-7fi71 .-�„ PMS 1U9C I• I ray > F- d. ° 1 0' V III sa• =Triangular design for Increased �i�'.� .L ^^ll w e a o'' _a \ III YO graphic options YJhQa ACM{typical} O w —- 1 �\\ III 6�• _ .Available in an manual or automated B'-fi. W r�, U) a'' ° EL C III version. II w e BOX I r, tsa-oa r„a Automated version must be ordered w d III III directly from Florida Plastics. ti 0" I,I w III D m 3 Q � � M� N a e w III `'J A °. e 'e e } I I APPROACH Vi1=.N1 - ° N AA` . , I �� o IEverbrite,LLC, 315 Marion Ave.,South Milwaukee,WI,53172 P:888-857-4078 F:877-430-7363 www.everbrite.com Everbrite,LLC, 315 Marion Ave.,South Milwaukee,WI.5-3172 P.888-857-4078 F:877-430-7363 www.everbrite.com I 0 01 III W e I I McDONALD'S DRIVE—THRU TWIN POLE CANOPY McDONALD'S PRE—SELL BOARD 00 W BUILT IN COD e :d e' Everbrite oPO Pre-Sell Board Eve�rbrrte Prepared For: q Drive-Thru Twin Pole Canopy w/Built-in COD(Preferred) ^ __ I II e ° � 1 STORY LCI)Confirmation Order Display II BRICK CARWASH 20.82"V© "e' © I Ne•Okk d.-I ens,pr d bL f Mkte6dedd'a yamw rrrli"edrwe III I I �l oa races 4" I I 11 no,� d °. V I ea 7.-0. t 4•nr2T12CWA40 Illumination: LEO � '� Ilr,mine„an. I II ° �} aaa�■ Electrical: 15 Amp 126 Volt Electrical: First ClrcuiE 120/1760,15 am a,••�s-rrs• I FF-639.33 ^ ^' P 1 4 v, C\J °TM"°° u a Second Circuit;120/1/50,15 OU e• I I _ _ -a e. r - _ suzN aliam° Ballast Fulham Workhorse 7 t' amp Ship Weight 1300'Res ® � L ___ a fa'� x'.a other 5� Ship Weight: '243 Ibs N e J = I 4i FY'- 1 •Availahkr with 1.E0 or \\\ \\ III IILI• a:a .rat COD- Vo CD 0) aea.r� raana m,°ncn t[rd�i ring loaded swing 6 Other Pease Call IMS for graphics, (n III etr - �tl=r = 9 way Bi° NO-937-7671 W � t� III �= III +Ruminated awning provides a g��gl�hrpd�s n for increased O J II/ 111 - III a,dk crs homer protection from t at va/ (6 ` THE NORT + 10' III ' "I a a indernent weather .version. in an menus or automated = LO pE DO HERLY LIN / III Automated version must be ordered R CUMENT NU E OF ROUTE // I :-© II ^�' - °� directly from Florida Plastics. MBER 201100034 ' Qj \ III Q _ l II rll I 0 tional 2-column resell � � 0615 j\ III APPROACH VIEW PASSING VIEW 20° p p w O \\\ � / gllff�laM ON➢ER.HFAE r \ © / oe OR R � .. O� /// � � � �DRIVE NSTROCTIO EASEMa t�T HRIJ Bullt-in LCD conf rmattan order display �V M 00 CD ll �j r oH� co Cl) n e. e Everbrite,LLC, 315 Marion Ave.,South Milwaukee,WI,53172 P:888-857-407'8 F:877-480-73fi3 www.everbrlte.corn _0 CD Everbrite,LLC, 315 Marion Ave.,South Milwaukee,WI,53172 IP:888-857-4078 F:877-430-7363 www.everbrite.come 40- 12' e /// ° x o _ 1�nLITY EASEMENT ° TEMPDRARY Cp T 0 a o ii � {Iqi _ A. c N EASEMENT + 00 CURB ( P midi TI 0 ° ti _ TY � � � BIAS 8.81 (M) M � MAIN P _ �R ATLas ° w D) N ° _ OH � /r/ SO4°09 " c� — \ VV . / OH THE NOR�H _- — r DOC NTYNUM OF "DIE 34 q q \� E � M R=1 1 400. 1 ME BER 1100020606 W -- -- - 7 D=M) - — —-� DEPRE�ED� a /1j1I - � C �- -- __ — CB=S80°55'37"E D A• W - _ CB=N80°55'37"W(D) Q _ rn RI ET- _ ---- _ _ _ � � w z z ° _J CV O z {T OF wAY WIDT ANS PA -- _ - — _ — VARIES WAY) --- = — — — — _ � J _j Lo o N (� _ --- - — --- O O N O m Q V o - 20 0 10 20 40 80 Y z z w w z Q O — = w � Q U J _ U J J J Un 0- ------------- 1 of 1- FREESTANDING _ - _ co W -� Q /f SIGNAGE EXHIBIT LC #12-0314 M Everbrite 70/100 Road Sign Identity Systems Division 14'-2" 431.8 cm Illumination: Arch- 6 F-72 T12 CW/HO 4 F-36 T12 CW/HO \ Base-10 F-72 T12 CW/HO 2 F-24 T12 CW/HO Electrical: Arch- 6.0 Amps 120V 60Hz 8'-10" Base- 8.0 Amps 120V 60Hz 269.2 cm Ballast: Arch- 2 Magnetek 256-648 Base- 2 Magnetek 256-672 Ship Weight: 2750 lbs. Other: Replacement faces and mouldings only 5'-2" 1525 cm MCDonaidws 12'-9" 388.6 cm Everbrite, LLC, 315 Marion Ave., South Milwaukee, WI, 53172 P: 888-857-4078 F: 877-430-7363 www.everbrite.com Ordinance No. 2010--p AN ORDINANCE APPROVING THE RELOCATION OF SPECIFIC SIGNS IMPACTED BY THE WIDENING OF ILLINOIS ROUTE 47 WHEREAS,the Illinois Department of Transportation("IDOT")has finalized plans and has proceeded with the acquisition of land necessary to widen and to reconstruct Illinois Route 47 and has requested that the City grant a variance for any commercial sign impacted as a part of this project to pennit relocation and reinstallation of signs which do not conform to current City Code requirements; and, WHEREAS,the Mayor and City Council of the United City of Yorkville understand that the widening project shall benefit the City but should not create a financial burden upon business owners; and, WHEREAS, IDOT has agreed to compensate all affected business owners for the relocation of each and every sign but shall not underwrite any costs which are associated with any changes in such signage as may be required to conform to current City Code requirements; and, WHEREAS,the Mayor and City Council have concluded that it is in the best interest of the business community to grant a variance to all signs affected by the Illinois Route 47 widening project as legal non-conforming signs where such is the case. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section L The following signs which shall be relocated at the sole cost of IDOT in order to pen-nit the widening of Illinois Route 47 are hereby granted a variance: • Kramer Law & Others—North of Colonial Pkwy, west side IL 47 • Smokey's Restaurant—West side of IL 47 at IL 126 • Yorkville Lions Club South of Van Emmon St, east side IL 47 • Bank Parking South of Van Emmon St, east side of IL 47 • Happy Hounds —West side of IL 47 across from Park St • Travel Services—North of Appletree Ct, west side IL 47 • Bella Tressa & Others—North of Appletree Ct, east side IL 47 • Aunt Martha Youth Service—North of Appletree Ct, east side IL 47 • Lo Destro Dentists—North of Appletree Ct, west side IL 47 • Jewel North of Landmark Dr • BP Gas &, AM/PM—NE corner of US 34 • Castle Bank NE corner of Center Pkwy • McDonalds — East of Center Pkwy, north side US 34 • BP Gas & AM/PM NE corner of IL 47 • Duy's Shoes— East of IL 47, north side US 34 • Grand Rental Station North of Garden St, east side IL 47 Section U. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois,this day o A.D. 2010. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI t�1� MARTY MUNNS ROSE SPEARS WALLY WF.RDERICH APPROVED by me,as Mayor of the United City of Yorkville,Kendall County, Illinois,this day of J U)4L A.D. 2010. 'ZZAk Mayor Attevt: 0. Ci Cle k PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE ZONING BOARD OF APPEALS ZBA 2013-01 NOTICE IS HEREWITH GIVEN THAT McDonald's USA, LLC, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting to vary the sign regulations contained in City Code Section 8-11-9-A-1 to permit a free standing pole sign in a business district on a lot less than three (3) acres up to two hundred and twenty (220) square feet in overall area, twenty-six (26) feet or less in height, and not constructed with a base or supporting columns made of brick, stone or masonry material. This request is for the relocation of the existing pole sign to allow for the widening of Route 47. The real property consists of approximately 0.81 acres, and is located immediately north of U.S. Route 34 (Veterans Parkway), and just west of IL Route 47 (Bridge Street) in Yorkville, Illinois. The property is commonly known as 3 West Veterans Parkway, Yorkville, Illinois 60560. The legal description is as follows: PARCEL 1: LOT 1, MCDONALD SUBDIVISION, YORKVILLE, KENDALL COUNTY, ILLINOIS, (EXCEPTING THEREFROM THAT PORTION OF SAID LOT 1 TAKEN IN CONDEMNATION CASE NO. 2011ED24, AN ORDER VESTING TITLE WAS RECORDED DECEMBER 15, 2011 AS DOCUMENT 201100020875, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00 DEGREES 16 MINUTES 40 SECONDS EAST 50.809 METERS (166.70 FEET} ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING; THENCE SOUTH 80 DEGREES 46 MINUTES 52 SECONDS EAST 42.709 METERS (140.12 FEET); THENCE EASTERLY 17.701 METERS (58.07 FEET)ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3,474.758 METERS (11,400.10 FEET), THE CHORD OF SAID CURVE BEARS SOUTH 80 DEGREES 55 MINUTES 37 SECONDS EAST 17.701 METERS (58.07 FEET), TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 04 DEGREES 09 MINUTES 21 SECONDS WEST 2.611 METERS (8.57 FEET) ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY 9.284 METERS (30.46 FEET) ALONG THE SOUTH LINE OF SAID LOT 1 BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 4,137.479 METERS (13,574.38 FEET), THE CHORD OF SAID CURVE BEARS NORTH 80 DEGREES 46 MINUTES 47 SECONDS WEST 9.284 METERS (30.46 FEET); THENCE NORTH 80 DEGREES 42 MINUTES 56 SECONDS WEST 50.938 METERS (167.12 FEET) ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 DEGREES 16 MINUTES 40 SECONDS WEST 2.531 METERS (8.30 FEET) ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING) PARCEL 1 BEING ALSO DESCRIBED AS FOLLOWS: THAT PART OF LOT 1 IN MCDONALD SUBDIVISION, BEING A SUBDIVISION IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS DOCUMENT NUMBER 77-1591, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 04 DEGREES 44 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 166.22 FEET TO THE NORTHEAST CORNER OF THE LAND TAKEN IN CONDEMNATION CASE NO. 2011ED24, DESCRIBED IN AN ORDER VESTING TITLE RECORDED DECEMBER 15, 2011 AS DOCUMENT 201100020875; THENCE NORTH-WESTERLY ALONG THE NORTHERLY LINE OF SAID LAND TAKEN BY CONDEMNATION CASE NO. 2011ED24, BEING A CURVE CONCAVE NORTHEASTERLY, NOT TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 11400.10 FEET, A CENTRAL ANGLE OF 00 DEGREES 17 MINUTES 31 SECONDS, A CHORD BEARING OF NORTH 80 DEGREES 21 MINUTES 27 SECONDS WEST, A CHORD LENGTH OF 58.07 FEET, AN ARC LENGTH OF 58.07 FEET TO A POINT OF TANGENCY; THENCE NORTH 80 DEGREES 12 MINUTES 42 SECONDS WEST ALONG SAID NORTHERLY LINE, 140.12 FEET TO THE NORTHWEST CORNER OF SAID LAND TAKEN BY CONDEMNATION CASE NO. 2011ED24, SAID NORTHWEST CORNER BEING ON THE WEST LINE OF SAID LOT 1; THENCE NORTH 00 DEGREES 18 MINUTES 59 SECONDS EAST ALONG SAID WEST LINE, 166.49 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 80 DEGREES 37 MINUTES 13 SECONDS EAST ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 210.96 FEET TO THE POINT OF BEGINNING; IN KENDALL COUNTY, ILLINOIS. PIN: 02-28-104-026 NOTICE IS HEREWITH GIVEN THAT the Zoning Board of Appeals for the United City of Yorkville will conduct a Public Hearing on said Variance requests on Wednesday, May 1, 2013 at 7 p.m. at the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk By: Lisa Pickering Deputy Clerk UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, GRANTING SIGN VARIANCES FOR THE PROPERTY LOCATED AT 3 WEST VETERANS PARKWAY, YORKVILLE, ILLINOIS (McDonald's) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 16th day of May,2013 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on 12013 Ordinance No. 2013- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, GRANTING SIGN VARIANCES FOR THE PROPERTY LOCATED AT 3 WEST VETERANS PARKWAY, YORKVILLE, ILLINOIS (McDonald's) WHEREAS,the United City of Yorkville, Kendall County, Illinois (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,pursuant to the Illinois Municipal Code (65 ILCS 5/11-13-5) the Mayor and City Council of the City(the "Corporate Authorities")may provide for and allow variances to provide relief when strict compliance with the requirements of Title 8, Chapter 11, entitled Signs, presents a particular hardship; and, WHEREAS, application ZBA 2013-01, filed by McDonald's USA, LLC (the Applicant"), requested the relocation of the existing permanent ground sign which exceeds the maximum permitted sign area of 32 feet by 92 square feet, sign height of 8 feet by 24 feet, and without a masonry base as required by Section 8-11-9A of the Yorkville City Code (the "Code") with respect to the real property described in Section 1 herein(the "Subject Property"); and, WHEREAS,the variances are requested by the Applicant pursuant to the State of Illinois' widening of Veteran's Parkway(Route 34) along the front yard of the Subject Property resulting in the required relocation of the existing sign; and, WHEREAS,Notice of a public hearing on said application was published and pursuant to said notice the Zoning Board of Appeals of the City conducted a public hearing on May 1, 2013, on said application in accordance with the State statutes and the ordinances of the City; and, Ordinance No.2013- Page 2 WHEREAS,the Corporate Authorities approved Ordinance No. 2010-26 on June 8, 2010, entitled An Ordinance Approving The Relocation Of Specific Signs Impacted By the Widening Of Illinois Route 47 which included the sign for which the variances have been requested by the Applicant; and, WHEREAS,the Zoning Board of Appeals made the required written Findings of Fact finding that the variation met the standards in Section 8-11-13 of the Code and 10-14-5C of the Yorkville Zoning Ordinance (the "Zoning Ordinance") and recommended that the variances be granted; and, WHEREAS,the Corporate Authorities of the City of Yorkville have received and considered the recommendation of the Zoning Board of Appeals. NOW, THEREFORE,BE IT ORDAINED,by the Mayor and City Council of the City of Yorkville, Kendall County, Illinois, as follows: Section 1. That this Ordinance shall apply to the Subject Property commonly known as 3 West Veterans Parkway and legally described in Exhibit A attached hereto and made a part hereof by reference. Section 2. That variations pursuant to Section 8-11-13 of the Code and 10-14-5C of the Zoning Ordinance to permit a free standing pole sign on a lot of less than 3 acres with a maximum permitted sign area of 220 square feet, a maximum sign height of 26 feet, and not constructed on a masonry base are hereby granted for the Subject Property. Section 3. That the sign shall be constructed, operated and maintained in accordance with the following plans, diagrams and conditions: The Freestanding Signage Exhibit prepared by Watermark Engineering dated March 15, 2013 attached hereto and made a part hereof as Exhibit B and further Ordinance No.2013- Page 3 dimensioned on the 70-100 Road Sign plan prepared by Everbrite, LLC attached hereto and made a part hereof as Exhibit C. Notwithstanding anything contained herein to the contrary, and subject to City staff approval, a substantially similar sign face with dimensions not to exceed the variance granted may be used. Section 4. That ordinances or parts of ordinances in conflict with the provisions hereof, are hereby repealed to the extent of such conflict. Section 5. That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , 2013. CITY CLERK ROSE ANN SPEARS DIANE TEELING KEN KOCH JACKIE MILSCHEWSKI CARLO COLOSIMO JOEL FRIEDERS CHRIS FUNKHOUSER LARRY KOT Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2013. MAYOR Ordinance No.2013- Page 4