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City Council Packet 2008 01-08-08 CIP T United City of Yorkville 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 o ® H y Telephone: 630-553 -4350 ` Fax: 630-553 -7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, January 8, 2008 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marry Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:00 p.m., February 19, 2008 City Hall Conference Room Economic Development Committee: 6:00 p.m., January 17, 2008 City Hall Conference Room Administration Committee Meeting: 7:00 p.m., January 10, 2008 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., January 24, 2008 City Hall Conference Room Presentations: None City Council Meeting Agenda January 8, 2008 Page 2 Public Hearings: None Citizen Comments: Consent Agenda: 1 . PW 2008-03 Heartland Subdivision — Dedication of Dakota Drive - authorize City Clerk and City Administrator to execute 2. PW 2008-05 Grande Reserve Unit 7 — Plat of Easement Vacation - authorize Mayor and City Clerk to execute 3 . PW 2008-06 Kendallwood Estates — Sitework Letter of Credit Reduction 41 - approve reduction of Castle Bank Letter of Credit No. 3000221071-901 in an amount not to exceed $2, 219, 873. 97 subject to verification that the developer has no outstanding debt owed to city 4. PW 2008-07 Betzwiser Development — Sitework Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed prior to April 18, 2008 5 . P W2008-08 IDOT Highway Permit and Resolution - Tuscan Plaza - authorize Mayor and City Clerk to execute, subject to staff approval 6. CC 2008-01 Committee Meeting Schedule Changes — approve change to Committee meeting schedules, as presented, and authorize City Clerk to distribute a revised 2008 meeting schedule Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — November 13 , 2007 Minutes of Committee of the Whole — November 13, 2007 and December 18, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 793,931 .39 (vendors) $ 260,905. 18 (payroll period ending 12/8/07) $ 1 ,054,836.57 (total) Reports: Mayor's Report: 1 . CC 2008-02 Resolution of Support for the Fermilab Mission and Request for Supplemental Funding Appropriation City Council Meeting Agenda January 8, 2008 Page 3 Reports (con't): City Council Report: City Attorney's Clerk's Report: City Treasurer' s Report: City Administrator's Report: Finance Director's Report: Director of Public Works Repo Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Repo Committee Reports: Public Works Committee Report: 1 . PW 2008-02 Well No. 7 Repair Summary 2. PW 2008-04 Com Ed Utility Permit Request — Bristol Ridge Road 3. PW 2007- 134 Ordinance Amending Title 8 of the City Code of the United City of Yorkville, Kendall County, Illinois (Wetland Protection Regulations) Economic Development Committee Report: 1 . No Report. Public Safety Committee Report: 1 . No Report. Administration Committee Report: 1 . No Report. Additional Business: Adjournment: City Council Meeting Agenda January 8, 2008 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES PUBLIC WORK - -- - -------------------------------------------------------- - - -------------------------------------------------- ---------------------------------------- -- -- -- ---------------------------------- Committee Departments Liaisons Chairman: Alderman Besco. Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff ;ECONOMIC DEVELOPMENT] Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development PUBLIC SAFETY; Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman Manus Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, January 8, 2008 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2008-03 Heartland Subdivision — Dedication of Dakota Drive ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2008-05 Grande Reserve Unit 7 — Plat of Easement Vacation ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -----------------.......--------------------------------------------------------------------------------------------------------------- 3 . PW 2008-06 Kendallwood Estates — Sitework Letter of Credit Reduction # 1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2008-07 Betzwiser Development — Sitework Letter of Credit Expiration ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2008-08 IDOT Highway Permit and Resolution — Tuscan Plaza ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------............------------------------------------------------------------------------------------------------------------------ 6. CC 2008-01 Committee Meeting Schedule Changes ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAUCORRECTION: --------------------------------------------------------------------------------------------------------------------------------------- 1 . City Council — November 13, 2007 ❑ Approved ❑ As presented ❑ With corrections 2. Committee of the Whole — November 13, 2007 ❑ Approved ❑ As presented ❑ With corrections 3 . Committee of the Whole — December 18, 2007 ❑ Approved ❑ As presented ❑ With corrections --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: --------------------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes -------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ---------------------------------------------------------------------------------------------------------------------------------- ----- I . CC2008-02 Resolution of Support for the Fermilab Mission and Request for Supplemental Funding Appropriation ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PW 2008-02 Well No. 7 Repair Summary ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ---------------------------------------------......................................---------------------------------------------- ------ 2. PW 2008-04 Corn Ed Utility Permit Request — Bristol Ridge Road ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------......------------------------------------------------------------- 3. PW 2007-134 Ordinance Amending Title 8 of the City Code (Wetland Protection Regulations) ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 0 C/p* Reviewed By: Agenda Item Number Legal ❑ Finance ❑ EST - l Engineer Tracking Number � City Administrator 9 x� `20 Consultant ❑ P W a c,0 3 .- C�?3 Agenda Item Summary Memo Title: Heartland Subdivision-Dedication of Dakota Drive Meeting and Date: &t q &" a Ta Lko-rq $1 oIDOB Synopsis: This plat is for dedicating Dakota Drive to the city as a public right-of-way. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,�rcD C!T y J2� 0 Memorandum EST. , 9 1836 To: Brendan McLaughlin, City Administrator 14 LlG y From: Joe Wywrot, City Engineer CC. Lisa Pickering, Deputy City %Zk <CE Date: December 17, 2007 Subject: Heartland Subdivision — Dedication of Dakota Drive Attached find one copy of a proposed plat of dedication for a section of Dakota Drive. This section of existing roadway is located between Tuma Road and the Heartland in Yorkville development. The road was constructed about 5 years ago as part of the Heartland development, but since it is located outside the boundaries of the development it was not included in the plat of subdivision. This was an oversight, and the developer has now approached us dedicate the right- of-way to the city. I have reviewed the plat and recommend that it be approved and recorded. Please place this item on the Public Works Committee agenda of January 2, 2008 for consideration. 7 ......................- .......... .......... ...... 'W 02 27,�:153-061 T .OF :: DED I CAT -115 PLAT RAS BEEN S63MME0 rOR eY.�AND FMIL"'m OF 61klmflov:QERTTFIC: NAMt- yogKmLLr;OW CLERK Y PARTiPF-TRE:WEST HALF"OF"SE07ION:27,.TOWNSHIP 37 NOF RA GE 7 EAST OF THE THIRD AME;FARM ROAD . ......... it OF. a i(CNOALt ...... STA ................. Ri(MLLE Ty. ILUNOIS. .�llhl.. OF YO �wi THIS;IS'TOtERTIFY.TH �140R-114:.STAR:FIRUST Nt A�.T: F.i. AT. OMPA RUST—i7 UNDER;THE SET 2c VISIONS.OF A,TRUST:AGREEMENT DATED NOVEMBER,2' 2000 AND KNOWN-As PRO 2 m JRUST NO�5175.A140 NOTJO&MDUALLY16 TREF FEE SIMPLE.O"p,dF:j'.Ht' 3. PROPERT�.:6ESCRIaEO�4 THE;FOREGOING SURVEY00t CERTIFIC ATE-.AWO:,TRATL' SAID .............. ............ f 7� �F::: BANK HAS CAUSEDC THE:SAME.TO,BE SuRvEYEDj SUBDiVIDED,-AND.PLATTERIAS . ......... ..SHO*HEREON FQR�THF USE3 ARCY Pt)RPOSES HEREIN SETTORTH AS ALLOWEM T umm;t4-:ojv.-r. INDMDUALLY HEREDY-ACKNOWLEDGES AND AOOPT5 IIAE EAME WDER.L�THE V TIE;:, , .:. , .,I::� z '..:.. .:,.!.AND':PAIWDEo.FOR BY:STATUTEj AND% BANK As TR S-TE AND NOt CITY PLAN COMMISSION.CERTIFIGATE! ND. V r.. im PER ik AND TrrLE AkORESAID, STATE OF,ILLINOIS.:�; IR�umbER=NE6 HEREBY b E;011C,A- FOR PUBUC U A OLIGHFARES,STREETSZ.ALLEYS.ANo�PuaLZ sERIACES;'AND.HEREBY' L T.FOR MDR APPROVED:AND ACCERTEO a*:THE FFLAN commissibm.QF: MEET.:;:]-TT., ANcHim-ACREEMENT%MTHz UNI ALSO.RESERVESPOR:ANY ELECTRIC,GAS.-JELEPHONE,.CABLE TV ORL THEN YRIL CITY qF::YIZWVILE.IWNOIS, ......................... 9:i .i: i �X S.L ka;'dAT TEIN!CH:RAS :.ALIl O�THff:R)NLLE OMMUNITY ON EXII ............. .......... OWY OF.; 6 6 RECOky,6XT;A ......... �FNDFTH STAR;TRUST COMPANY; E OF.:! S U No.31��ANO.NOT PERSON RECORMR-13:CERTIFICATE SrA 1sy WA�.PI pr�ENPA" INoIs:Om:Name an .............. IFALL,:com ................. ........... =UNIX R A�O:l FCR.,TH E`C6Um 77 ............. 7. COUNTY' ............. AND FOREMSAID mo HERIEP ........... ARE�NO DELINQUENT.�!OEN'ERWF XESi. REDEEM ABLE,ZW:S DED NORTH STAR TRUS7,COMPAN� AS,SHOW4,� BOVE,APPEARED�,BE�.IRE::ME:,;THis OA15 AINQ(l I STA -TUTOR�. PLAT-1H AS SUCH.OMCERS,�THEY-SIGNED,AND-DIEUVERED,1RE:!�AIVINS TO BF-;AFFIXED JHERETFO,,�A$%,THEIR;FREE AN04:vo LCOU14T.Y� ..:FREE,:AWa.VOLUNTARY ACT-OF UNDM�,TRU VEMSER' t. ............ ........... ................. .......... .......... ..........- Dcum .......... ....... .... tE. THIS KAT�A DI�UNDER M-YDIR........... ALS E E BEER,VAE L UNTY OF�,XENDAL�' 'OPT krekfE6; RD P -TIS,:, �A IPe It'-ula .......... ..ntrnu.s ifil hqkcrF ............. N(gNEER �4 DATE Ow 1!Ql�-.PH' 55j= zz D4 Oftuj ar SPM/YMIMEH %Eq- FFUi IK In" 1;1�lt�Fj juflift-',........... Reviewed By: Agenda Item Number Legal ❑ �,� �� Finance ❑ esr 1 leas Engineer `jam z�z 6 t`� Tracking Number < q City Administrator ❑ pg� Consultant ❑ PW a 00g .- C)5 Agenda Item Summary Memo Title: Grande Reserve Unit 7—Plat of Easement Vacation Meeting and Date: � (it " �o y �r� g , '9608 Synopsis: This plat of vacation near the Kennedy/Freedom intersection is necessary for the construction of an entrance monument into the Grande Reserve development. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,QED C/A` a� o Memorandum EST. , 1836 To: Brendan McLaughlin, City A i From: Joe Wywrot, City Engineer L CC: Lisa Pickering, Deputy City 71er <kE Date: December 26, 2007 Subject: Grande Reserve Unit 7 — Plat of Easement Vacation Attached find a proposed plat of vacation for a 23-ft by 28-ft area located near the southeast corner of Kennedy Road and Freedom Place in the Grande Reserve development. A larger area surrounding this rectangular area was designated as a public utility easement when Grande Reserve Unit 7 was recorded. This plat of vacation would eliminate the easement within the rectangular area. The developer would like to erect an entrance monument, which is considered a structure, at this location. The easement provisions, however, prohibit the placement of a structure within an easement. The proposed location has been checked and there are no utility or sight distance issues, therefore I recommend that this plat of vacation be approved. Please place this item on the Public Works Committee agenda of January 3, 2008 for consideration. I If PLAT OF EASEMENT VACATION PART OFP.I.N.: 02-14170-015 IN INAT PART OF LOT 3009 IN GRANDE RESERVE UNIT J, BEING A SUBDM$ION OF PART OF SECTION 14. TOWNSHIP 37 NORM RANGE T EAST OF THE ' gWNE0.8N1 PICERTIFICATE IN THIRD PRINCIPAL MERIDIAN, ACCORDING TO TIE PLAT 1HEREW RECORDED AUGUST 17. 200t AS DOCUMENT NUMBER. 200400023605,.DESCRIBED AS ` FOLLnwx..= I STATE CF $ COMMENCING AT A POINT ON TIE NORTH TINE OF SAID LOT 3009,�BEINC THE PUNT OF TANGENCY OF THE CUft4E IN SAID NORTH LOT OF LOT JOW CITY COUNCIL CERTIFICATE - " $ B.S _ THAT RUN@ FROM ME EAST LINE OF KENNEDY ROAD TO ME SOUTH RIGHT OF WAY OF FREEDOM:PLACE AS DEDICATED:BY SAID PLAT OF GRANDE sort av Iwnms )RESERW COMMENT UNIT ] THENCE.:NORTH ME O TH UNE OF MINUTES"39- SECONDS EAST ON AN TANGEU BEARING ICUR IN SAID N LINE OF OFL OT N R ) ;S ` � ? COUNTY GF $ DISTANCE OF 35]3 FEET;.: THENCE SOUTH 04 DECREES pD MINUTES 21 .SECONDS EAST 21:33-F[ET-N TIE PUCE OF BEGNNING• 4wuTe q xENOALL ) ', ' - 1 ' " �� ' -- 1NFNCESOUTi O4 , • -_ 1HI$ I$ LD.CERTIFY THAT GRANDE.RESERVE COMMUNITY ASSOCIATION. _IS DECREES-48 MINUTES 21 SECONDS EAST 28.00 FEET, MENDS $WlH 85 DEGREES: 1i.MINUTES }5 SECONDS REST 25.00'FEET: THENCE:NORTH 04 ApFpmhD /NO TaYPrto pv ME MAMR Axo:Sltt cwxq{ aF WE UNDER dIx M THE FEE SIMPLE OWNER OF THE.PROPERTY:DESCRIBED IN THE FOREGOING DEGREES.10 MINUTES 2] SECONDS WEST 25 OO FEET THENCE NOPM 85 DEGREES It MINUTES 54 SECONDS EAST 23.OD FEET TO THE PLACE Of 1pPNWI3E wxa; Ixls _oAY d' '� xo� v i SURVEYOR $ CERTIFICATE AND,HAS CAUSED ME SAME i0 BE $DRVEYED, � BEGINNING:-" -. ' AND FLATTED-A$ SHOWN HEREON FOR TIE USES'. AND PURPOSES HEREIN ` �+ N 1NE UNITED CITY OF YORKYILLE, KENDALL COUNTY, IWNq$ -. $ET FORM A$ ATLOWGI] AND PROVIDED FOR BY STATUTE, AND ODES ! MAttx - . HEREBY ACKNOWI.CDGE AND ADOPT ME SAME UNDER TIE STYLE AND ` TTL THEREON 1N61CA'IEp - APPROVED k ACCEPTED : . DATED AT TiIF UNITED' CITY OF yORKVILLE BY: T D�AE. — ' _ DAY OP • Rq - AE: " GRANDE RESERVE.�COMMUNITY pSSOC AT ON , NAME J CITY GL ERk' 8 CERTI FI CAT); r! ERRR N FRONTAf.F Rp ` I I SIAFE bF 0.11Nd9 " I I murvtt cF NFHOAf4 1 GOALS 1." 60' ' SITE 1 CITYL➢ ANp AR'K BY ME T MAVM IFJANA CITE WpNE11. a'1XE It 61 CRY Or I' I YAPNMIIL Iwxa; ar pBaxrNCE uo ,s BURR RAGE IL 60527 " ADDRESS � -To M-n FISHING x[w ix s �q A6r I 3010 UUB�IVI�E� so m 6Y G CLERK RANDE RESERVE UNIT 7 M nm A __ 99 9 - - II I L GIN, CPFRCOC °.a t a oP C OwMn sxT KENDALL COUNTY R ECORDRCERx TTFICATE A RAOW9 SE 1 " I uhl4Mifm WA Na 9N ,• - I I 6MINlY W Y.EROALL ) - ". _ M6 x15AA1MFNF - WI$ i11f4 Ftly PELpNp IN TIE PECdI ERS 1 M 1 ,4 eF,aRaA SECRETARY 1 _ - T Fgxi oP TAN(£}I k {fFlq p NEN4AL CO WIN UN WE ��LA ERN 66 r ' •••" .'. a _ �. _ _ - .�� A RO�AT_ dM1% _.R ANo WAS I L ' T!" - I T - C flECCRAEO NpOIR OF MATS qx PAM 1 I I RECCPCkA K OEF➢5 16 L: I 99 11 . ' _ N &5'!$x38 E P .T F , pool CO - I r 16 , . ' + ' .: ' < ` 2300 ,, . .�. ' I � x asTrSS` E F STATE OF WNOISERK'S CERTIFICATE., }.66 1 N Q¢'q$21 W ' ((� I L :� z13b' 491 COUNTY OF KExDAl1,)•5S r_ I 1 " COUNTY`CLMR Ofi KENDALL COUNTY r,r - , ' ,' P.t) � ILLINOIS DO HEREBY tERTFYTiAT THERE ARE NO OfIJNpUENF 1 L" ` 0}'-0821 B . '�til ] -` Y �GENERAL TAXFS .NO-UNPAIpE, TAXSAES EGA NO UtIPAIDL EDGED lE0. - >, t 28.0,0 - TAXES AND Nn> REDEEMABLE TAX SALES AGAINST ' " -` - + '' - ' a %.{ INCLUDED. Nt ME PLAT HEREIN DRAWN,i: T {uft1HDe CER,THY 1NAI I , : " f iZ=e" i, : ,,; • s 88'Ii JB t, , " PUBLIC UTILITY' DRAINAGE EASEMENT NAVE RECDVeo aU.STAMPORY FEES IN CUNNECnOR 4n N'tHE Pvt ° ' s r 91 123 00 "' i , 499 . HEREIN DRAM. x't HERBYVACgTEI as2 ' ` GIVEN UNDER MY NANO AND SERE OF�1NE COUNT' CLERK€AT y 3-Q9=: ^YORKNLIF. 99 9 4 { I = TWJCpN1Y lgRII:AR FASFLdi 1 11 66 r- ' -i $(J2 u - _ - • xILLIN015 THIS • n Y OF .` . "{;�., S Ir •NOTARY CBRi' EmbrE { LA cti � I h. ° 5.�ioEmvmroea ° ww. T T . .a', - z .., 6666 9r COUNTY OF =. ) NT II 1 16 6 x F rz ` ` - 498` 493 i f 'STATE OF SS. . ' 9. 66 6 COUNTY CLERK.19 . - } 9 It rF ` 6L A NOTARY PUBLIC IN AND FORi•t':" }i F { t 1 .1 g - �03 rz` COUNTY AND STATE AFORESAjD,,� HERE@Y'CERTF[ THAT + ; .T [. L �'' 9N F - ? ,9 t ,a - t_ T Y 1 1 b 94 STATE OF ILDNUS r 9 Y „• ".--:': -REFSERVE CUM . L, " k- ,r -cpUNM'fD5'WnLSP 6 u FACE 1 L`S;': S'N 16 NUW Y Ir PERSONA TD LL ME.T . EL1E AND �4 ` IELHNTCOD MUNITI,.ASSOCIATION. AS OVE 1E GRANDE T N$UCT'AN IN_APPEARED BOOK=ME-T9$ DA% AND;ACKN0V5L @Rb THAT AS SUCH IAIf6 bESGN FM — CO PR DUMRED HE SAI '' - .:OFfl5 'RY-51GN0'NgD. " ' DO HEREBY i ME PLANT 66 PREPARED ROM' EXS PLATR.ANO:RECAWCOR.,O.OHN PSCAUSED THE CDRPDRATE'SEAL;TO BE AFFXE THEREBY? AS THEIR FEE ��I- ' u '11 AND VOLUNTARYjAT AND AG ME FREE"AND 40EUNTART ACT OF SAD' . E ARN.UAs E8F O NE:O SI'$B 1 N1 A bS 0T 0 S29A1ID)I "- +!. s Re( PLAT-IS ATRUE AND"CURRECF REPRESENTATON` THEE :.AFL Y CORPORATION FORME USES AIyq AURP05E; 'THEREIN SET, FORTt 96 5 - ^.; t .OIVElT kx k 169£l t- a - -- E5 Od , VEt ML y i- E] IM. PPA, Ck R ' -OIAE sE UNDER MY HAW AND �T GNEN_ UNDER MYNAMb;AND SEAFiF M dPERVLLE TH=DAY 28 OERt po 96 16 r 2 b - :_ qF x 6 16 t { U5W OLSENx ' - WCE PRESIDENT NI If X N9r` , ODENSE EXPIRES IT/3D/260& s NOJARY PUBMG { _ T 4r 9r 96 - T T I1FWRENI 01$p 3"'vilTytiBf:ms:lmIS Er�W md s pR]We' --- • +,-"r,i"FtTIY}i.T,i" �=' r R N& { - " . THbINICPL AG - - "i ) } 4ara nxdd x - smvsmxx uYC ' m� sscI rvm - s 'II�T , ➢ NA1 r 16 6 91 91 _ _ ke. . r x a SHEETx` 1 OF f It . . n .. i v[ ..... xi.: ,.. , v« . sr n.rw e-. ..v.. �< ,+� .'i . _, _ �: . Y wn .. e x. ..r t ,... - . =w}L . e ._ . ..exa vlNtrz e a G ry n n a rat 4 +, �• `��D cl)y Reviewed By: Agenda Item Number J� T Legal ❑ Finance ❑ EST, 1836 Engineer 0�, J ` (Z' Tracking Number 4 ®i y City Administrator ❑ 9 a° O Consultant ❑ w <CE Agenda Item Summary Memo Title: Kendallwood Estates- Sitework Letter of Credit Reduction#1 Meeting and Date: N� QOUV dC -3�UD-`'y $! dtQS$ Synopsis: This reduction in the amount of$2,219,873.97 is for work completed to date. The remaining LOC amount would be $2,300,424.63. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST. ^� = 1836 To: Brendan McLaughlin, City AdmjTstrato .4 -r y From: Joe Wywrot, City Engineer 09 Vim p CC: Lisa Pickering, Deputy City Clerl J <kE le Date: December 21 , 2007 Subject: Kendallwood Estates — Sitework Letter of Credit Reduction #1 Attached find a request from the developer of Kendallwood Estates to reduce the sitework letter of credit based on work completed to date. I have reviewed the request and in general agree concur with the requested reduction. There were a few differences between the developer's calculations and mine: • The developer claimed credit for surface course, which has not been paved yet. • The developer claimed credit all landscaping, while less than 30% has been completed. • I noticed during the review that storm sewer was mistakenly bonded in both the earthwork letter of credit and the sitework letter of credit. Since we have already processed a reduction for the earthwork letter of credit, I have removed the storm sewer from the sitework letter of credit. I recommend a reduction to Castle Bank Letter of Credit No. 3000221071 -901 by the amount of $2,2193873.97. The amount remaining in the letter of credit would be $2,300,424.63. Please refer to the attachment for details. The existing letter of credit was established on December 13, 2007, and has an expiration date of February 20, 2008. This was done because the developer planned to seek this reduction immediately and renew the letter of credit for a lesser amount. When the letter of credit is renewed, it should be for at least a one year period. Please place this reduction request on the Public Works Committee agenda of January 3, 2007 for consideration. December 19, 2007 Joseph Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Performance Letter of Credit Reduction — Kendallwood Estates Mr. Wywrot, We are requesting a reduction in the letter of credit for Kendallwood Estates. We have completed a substaintial portion of the improvements to the site. Enclosed is a detailed account of the items. You will note that there remains fifteen percent of the original letter of credit. 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C N U @ C Y C 3 > n a } O 02 �0 N 2 CO E w U .0 N N m O OU� In 7 0 7 0 N O y — t Ca (0 W eY 1000) 1n 010 0 w L _U 000 r NM NOD Q) = C O O O co r NM0 � M (N 0) 0 N Emr M 1O c- 7 V_ cOON p N @ U N 7 0 0 N 0 Ut N e \ V y 0 0) 10 0 w 7 10 7 cO 7 0 to 1O � 0 `O J N C J 6% (A 03 cR vs 64 6% v 0 -0 O � � ) a N d � 0 c«0 e- U a ,.: H OOOOa- 00 c0 d y d yet YINOOCiON 0 E W Q ti ] OO (G+ mi 'QO(r O N rV mg 0C C O a Mt a W . 0 0 . C n m m cc LO 0 O m 49 usy viHw 44 aS OO c0 Q U C ca y N C O N j > P C Z Z w (D O C "O' C C ?� O O ln0 0 m10L% wE � U ] J w co a a a 0) E U W N a N E ca(n w co (DI w � 0) U) :� > W j Z C/ry Reviewed By: Agenda Item Number J= T Legal ❑ Finance P. 183fi - �a6t.e� Engineer ` Tracking Number O ii y City Administrator O` Consultant ❑ ?w 0?0O8 67 Agenda Item Summary Memo Title: Betzwiser Development—Sitework LOC Expiration Meeting and Date: eH,� �O"al - Joyu arq 8i o?008 Synopsis: We have been notified that First Midwest Bank LOC #150018041-201 is due to expire on 4/29/08. Recommend calling the LOC if it is not renewed by 4/18/08. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: QED C/Ty _tea o Memorandum E6T o e36 To: Brendan McLaughlin, City Administrato From: Joe Wywrot, City Engineer � � O� L�IM p CC: Lisa Pickering, Deputy City Cler <kE ��'� Date: December 26, 2007 Subject: Betzwiser Development — Letter of Credit Expiration First Midwest Bank Letter of Credit #150018041-201 .. . . . .. ..._. . . _. .... Attached find a notice from First Midwest Bank that the letter of credit for the Betzwiser Development, located at the comer of Badger and Wolf Streets in the Fox Industrial Park, will expire on April 29, 2008. This letter of credit, in the amount of $136,657.00 guarantees satisfactory completion of sitework. I will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to April 18, 2008. Please place this item on the Public Works Committee agenda of January 3, 2008 for consideration. First Midwest Bank _ ORIGINAL 3urnee, hHois600bRoad � ( I ® Gurnee, Illinois 60031 First Midwest 10por December 17, 2007 Sent by Certified Mail, Return Receipt Number 7005 1820 0002 9208 5713 Mayor and Aldermen City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 Re: First Midwest Bank Letter of Credit No. 150018041 -201 Betzwiser Development LLC Gentlemen: In accordance with the terms and conditions of the above referenced Letter of Credit issued in your favor in the current amount of $ 136,657.00, we hereby inform you of the impending expiration date of April 29; 2008. 1"Sincerely, Gt Penelo e Salgado Loan Operations Officer cc: Betzwiser Development LLC Dan Coffey 2 low ENDER Member FDIC Reviewed By: Agenda Item Number J= T Legal ❑ i� Finance FE-1 esr 1 1636 Engineer " Tracking Number ®i � y City Administrator F-1 ogt 1. 2p Consultant ❑ pW aoog-OS ` ❑ <LE \V� Agenda Item Summary Memo Title: Tuscan Plaza—IDOT Highway Permit Meeting and Date: eouv`G t - A�uRY g, a00S Synopsis: The developer has requested that the City Council pre-approve the IDOT highway permit application and related resolution. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor and City Clerk to sign permit application. Adopt resolution guaranteeing satisfactory completion of work. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ,QED Cl;., ,_♦ 4 = pAN Memorandum EST , 1838 To: Brendan McLaughlin, City ' ' ator From: Joe Wywrot, City Engineer 2V pg L p� CC: Lisa Pickering, Deputy City k \ <CE ��♦' Date: December 27, 2007 Subject: Tuscan Plaza — IDOT Highway Permit We have been requested by the Tuscan Plaza developer to have the City Council pre-approve the application for the IDOT highway permit for the Tuscan Plaza development. This development is located at the southwest corner of Route 47 and Hydraulic Avenue. The IDOT highway permit will be for removal and replacement of a sanitary sewer and sidewalk. The developer has an expressed an urgent need to begin work on the site, therefore they are requesting approval of the resolution before we actually receive the IDOT permit and resolution. Pre-approval could gain the developer up to a month in time, depending on when we actually receive the permit application package. The attached permit application and resolution are samples from another development. The permit application and resolution for Tuscan Plaza will be very similar. Since the resolution is from the city and guarantees that the work will be performed satisfactorily, we will require the developer to provide a guarantee to us in the form of a bond that they will perform the work and satisfy IDOT's requirements. I recommend that City Council authorize the Mayor and City Clerk to sign the IDOT highway permit application for Tuscan Plaza when we receive it, and also adopt the resolution as modified by IDOT for this project. Please place this item on the Public Works Committee agenda of January 3, 2008 for consideration. Illinois ®epartrnent of TransportatiorD Highway Permit District Serial No. L-9916 City of Yorkville for H & J Development (we) c/o Koziol Engineering 1709 Ogden Avenue (Name of Applicant) (Mailing Address) Lisle IL 60532 Hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right-of-way of the State Highway known IL Route 47/126 Section ------- From Station to Station Kendall County. The work is described in detail on the attached sketch and/or as follows: Located at the Southeast Quadrant of Routes 47/126. Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, two bituminous surfaced commercial entrances and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick, Field Engineer, Phone: 630-553-7337 or the District Permit Section, Phone: 815-434-8490 twenty-four hours in advance of starting any work covered by this permit. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB-BASE GRANULAR MATERIAL TYPE A (CA-6 GRADATION). (SEE THE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 180 days after the date this permit !s approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this Day of 20 nr+^ass Signed . Applicant Mailing Address Mailing Address city State City State SIGN AND RETURN TO: Region Engineer 700 East Norris Drive, Ottawa, IL 61350 Approved this day of 20 Department of Transportation cc Applicant (2) Field Engineer Final Inspection BY: Deputy Director of Highways, Region Engineer First: The Applicant represents all pan._ ., in interest and shall furnish material , all work, pay all costs, and shall in a reasonable length of time restore the damaged portions of the highway to a condition similar or equal to that existing before the commencement of the described work, including any seeding or sodding necessary. Second : The proposed work shall be located and constructed to the satisfaction of the Region Engineer or his duly authorized representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the Region Engineer. Third : The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Chapter 6 (Traffic Controls for Highway Construction and Maintenance Operations) of the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc. , required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpo.^c cf, nor will it result in , the parking or servicing of vehicles on the highway right-of-way. Signs located on or over hanging the right-of-way shall be prohibited. Fifth: The Applicant, his successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth : The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the highway without the approval of the Region Engineer or his duly authorized representative. Seventh: The State reserves the right to make such changes, additions , repairs and relocation's within its statutory limits to the facilities constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the State right-of-way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right-of- way, the Applicant, upon written request by the Region Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Eighth: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Ninth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System." Tenth : The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. SPECIAL PROVISIONS The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of wav). The petitioner, their successors, or assigns , shall maintain that portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders. All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes , plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades , lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made . To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood . If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. No person , firm, corporation or institution, public or private, shall discharge or empty any type of sewage , including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids , or cause the same to be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted . All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained from the department. RESOLUTION' �^ ;`dM=R- yS, IPI tJn,ted City of Yorks^Ile is '.ocated in the .c+mty of Kendali. stale of Illinc'is , wirjttes to construct °,vo L nln`-eri;12I envances and related Impr�'venle(1 tS abonc, Illinois 471126 viihi .h 4' la`:J COmoas Ui-.4er the furlSLlia @-0i'. drift cor. trc of [he Deparmerd of Trerrsp%orta :on of the state of Illincis , and ';;JHF REA.S. 6. permit from said departments reclijircd before said 'rvc,1% cca i oe legally 'ianiieriaken by said Ur.l;ed City of Yur ivi'Ie: nov: THEREFORE , be it resojv d :)y the United City of Yorkolie , county Of Kendall , state of Illinois. FIRST: That we do hereby request from the Denortm:ent of Transportation , state of Illinois, a permit aulrionzing the Unite(: C'Ay of Yorkville to proceed 'vvit^ me ViOrk; herein described wd as shown or. enclosed detailed plans . SECGPIC). Upon complet;cn of the ccmmer ial entrances by ita z .lelcaer and acceptarl,.e by the city, the cTry n Uafrntee's "fat all wor'.•t has ben perfL:rned in aoccrd-ance with the conditions a] the permit t0 be granted by the Department of Transportation of the state of Illinois . Further, the city avill hold the state of Illinois harmless for arn� damages that may occur to persons or property during such work:. Trse City viill re•q!.- re the developer to obtain a bond and a comprehensive general liability Insurance policy In accopta yle amounts and will require the develeaer to add the State of Illinois as an additional insured on both policies . 'I'HIRG: Tha •.ve hereby state :hat the proposed %,%,orkjj is not, {celete one } to be performed by the employees of the United City of Yorkvll€; . FUUP,TH : That the prope�r officers cf the United City of Yorkville anti hereby ins0-acted and authorized m sign sa d permit in behalf of the United City of Yorkville. § v . t �rrtc Sicr . hereby certify the above to be a Clt'Y C'err I. -Ve copy of the resolution passed by the City Council of the United City of Yorkville, courtly of Kendall, State of Illinois> . Gazed this day U, ____ A.D. 2006 (5lynatureJ (CORPORATE SEAL) SC:UJ HUN `CEO C/p, Reviewed By: Agenda Item Number J2 �n Legal ❑ 'r' Finance ❑ EST. 1836 Engineer ❑ Tracking Number G W City Administrator F-1 e%� 1, G O Consultant ❑ <CE Eby Agenda Item Summary Memo Title: Committee Meeting Schedule Changes Meeting and Date: City Council—January 8, 2008 Synopsis: Request to change meeting nights for Public Works Committee and Economic Development Committee Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve changes to meeting schedule Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: �A�p C/Tb Memorandum EST., teas To: Elected Officials 4 From: Brendan McLaughlin, City Administrator O to nom, O" Date: January 4, 2008 Subject: Committee Schedules <kE In preparing for the various meetings for 2008, staff noted a conflict by holding the Economic Development Committee meetings on the third Thursday of the month and trying to staff the Citizens Advisory Committee for the Comprehensive Plan Update. Staff contacted the Chairs of both the Public Works Committee and the Economic Development Committee and they agreed to change meeting dates beginning in February. Effective February 1 , 2008, the Economic Development Committee will meet on the first Thursday of the month at 7:00 PM and the Public Works Committee will meet on the third Tuesday of the month at 6:00 PM. With City Council approval the City Clerk prepare notice of the change to the annual meeting schedule. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN IS HELD IN THE CITY COUNCIL CHAMBERS, DRAFT 800 GAME FARM ROAD ON TUESDAY, NOVEMBER 13. 2007. Mayor Bard called the meeting to order at 8:45 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present Werderich Present Ward IT Golinski Present Plocher Present Ward III Moons Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Police Lieutenant Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies and City Engineer Wywrot. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Bud amended the agenda by removing #18 - In-Town Road Program — Proposed Addendum 41 for Engineering Services — (PW 2007-161) from the consent agenda and placed in on the regular agenda and by tabling #20 - Ordinance Approving an Amendment to the Downtown Yorkville Tax Increment Financing Redevelopment Project Area Which Removes Certain Parcels from the Project Area - (COW 2007-40). Alderman Besco asked that the executive session be moved from the end of the agenda to prior to the Mayor's Report. A motion was made by Alderman Besco to approve the amendments to the agenda; seconded by Alderman Mums. Motion carried unanimously by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M., Tuesday, December 4, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M., Tuesday, November 20, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, December 4, 2007 City Hall Council Chambers Public Safety Committee 6:00 P.M., Tuesday, November 20, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. The Minutes of the Regular Meetine of the City Council — November 13, 2007 — page 2 CTPIZEN COMMENTS Tony Graff, resident and candidate for 50a District State Representative invited the Council to attend his campaign kick-off at the Stonefire Restaurant on November 15, 2007 from 5:00 p.m. to 7:30 p.m. He stated that he looked forward to representing the citizens of Yorkville and invited the Council to contact him any time. CONSENT AGENDA I. Monthly Treasurer's Report for September 2007 (ADM 2007-88) 2. Annual Treasurer's Report for Fiscal Year 2007 (ADM 2007-89) 3. Risk Management Annual Bill — approve payment in an amount not to exceed $199,285.91 and authorize Finance Director to renew contract (ADM 2007-98) 4. Water Department Report for July 2007 (PW 2007-153) 5. Water Department Report for August 2007 (PW 2007-154) 6. Raintree Village Units 1-6 — Letter of Credit Reductions — authorize release and/or reduction of letters of credit, as presented, subject to legal review and receipt of sufficient waivers of lien that demonstrate work guaranteed by SSA bonds has been paid for and verification that the developer has no outstanding debt owed to city (PW 2007-158) 7. In-Town Road Program — Sidewalk Easement Agreement — authorize Mayor and City Clerk to execute (PW 2007-160) 8. Speedway Station — Storm Sewer Replacement— approve proposal with S&K Excavating and Trucking, Inc. in an amount not to exceed $11,000.00 (PW 2007-165) 9. Autumn Creek Unit I — Bond Reduction No. 1 — authorize sitework bond reduction in an amount not to exceed $5,291,681, 62 and earthwork bond reduction in an amount not to exceed $1, 710,172.08, subject to verification that the developer has no outstanding debts owed to city (PW 2007-166) 10. Kendallwood Estates — Offsite Easement — authorize Mayor and City Clerk to execute (PW 2007- 167) 11. Game Farm Road/Somonauk Street — Plat of Highways (PW 2007-168) a. Smith Engineering Consultants Addendum #1 — authorize Mayor and City Clerk to execute b. Resolution 2007-57 - MFT Appropriation Resolution — authorize City Clerk to execute 12. Gruber-Kostel Dental Office — Release Letter of Credit — authorize release of Castle Bank Letter of Credit #7000172244-900 in the amount of$204,003.80 (PW 2007-172) 13. Yorkville Market Square — Letter of Credit Reduction #1 — authorize reduction in an amount not to exceed $670,684.40, subject to verification that the developer has no outstanding debts owed to city (PW 2007-175) 14. Grande Reserve Unit 23 — Sitework Letter of Credit Reduction #1 — authorize reduction in an amount not to exceed$2, 720,667.61, subject to verification that the developer has no outstanding debts owed to city (PW 2007-176) 15. Autumn Creek Unit 2 — Plat of Easement — authorize Mayor and City Clerk to execute (PW 2007- 177) 16. Wells 3 & 4 Treatment Facility — Change Order #5 — authorize an 89 day time extension and authorize Mayor to execute (PW 2007-178) 17. Well No. 4 Rehabilitation — Sole Source Contractor — approve as presented (PW 2007-157) 18. Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction #1 — accept storm sewer system in Unit I and Unit 2 and authorize reduction to Benchmark Bank Letter of Credit #1 1220 for Unit I in an amount not to exceed $106,129.24 and authorize reduction to Benchmark Bank Letter of Credit #11221 for Unit 2 in an amount not to exceed $77,60 7.58 (PW 2007-161) 19. Requests for Sponsorship Recommended by the Human Resource Commission (COW 2007-41) a. Mutual Ground, Inc: approve sponsorship in the amount of$100.00 b. Bristol-Kendall Fire Department Fireworks - approve sponsorship in the amount of $250.00 c. DeKalb, Kane South and Kendall Counties, Inc. Baseball - approve sponsorship in the amount of$100.00 d. Salvation Army Golden Diners - approve sponsorship in the amount of$250.00 e. Kendall County Health Department "Share Your Blessing Program" - approve sponsorship in the amount of$100. 00 20. Approval of Historical Street Name — Rita Murphy (COW 2007-42) 21 . Set Public Hearing Date on Estimated Tax Levy — authorize City Clerk to set public hearing date for November 27, 2007 (COW 2007-43) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Besco; seconded by Alderman Munns. The Minutes of the Regular Meeting of the City Council — November 13t 2007 — nage 3 Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Mums-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the next meeting would be November 14, 2007. There will be a Comprehensive Plan kick-off at 5:30 p.m. with the regular meeting following at 7:00 p.m. The Plan Commission consortium's next meeting was scheduled for November 15, 2007 at 7:00 p.m. at the Library. MINUTES FOR APPROVAL A motion was made by Alderman Mums to approve the minutes of the City Council meetings of September 25, 2007 and October 9, 2007 and the Committee of the Whole meeting of September 25, 2007; seconded by Alderman Bosco. Motion approved unanimously by a viva voce vote. BELLS FOR APPROVAL A motion was made by Alderman Mums to approve the paying of the bills listed on the Detailed Board Report dated November 7, 2007 totaling the following amounts: checks in the amount of $ 1,773,641 .13 (vendors); $18,478.93 (payroll period ending 10/31/07); $253,014.92 (payroll period ending 10/27/07); for a total of$2,045,134.98; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Leslie-aye EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of discussing: 1 . The purchase or lease of real property for the use of the public body. 2. For the appointment, employment, compensation, discipline, performance or dismissal of specific employees of the public body or legal counsel for the public body, including bearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. So moved by Alderman Leslie; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Leslie-aye, Sutcliff--aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye The City Council adjourned into executive session at 8:52 p.m. The City Council returned to regular session at 9:35 p.m. REPORTS MAYOR'S REPORT Appointment of City Attorney (CC 2007-16) Mayor Bard reported that she interviewed several attorneys and concluded that Attorney Orr would be best for the position. She explained that Attorney Orr has an extensive knowledge of municipal law, state statutes and government. She also noted that staff supports the appointment and that Attorney Orr has worked at the city's TIF attorney for several years. Attorney Orr stated that she would be honored to be Yorkville's city attorney. She commented that it has been exciting to see what has happened in Yorkville and to be a part of its future. She indicated that she wanted to meet with everyone on the Council individually to discuss how she operates and her role. . Alderman Mums asked if Attorney Orr was aware of the possibility of the city hiring a full-time attorney and she stated that she was and could assist with the possibility. Mayor Bard entertained a motion to approve the appointment of Kathleen Field Orr as City Attorney. So moved by Alderman Mums; seconded by Alderman Leslie. The Minutes of the Regular Meetine of the City Council — November 13, 2007 — lines 4 Alderman Golinski commented that he wished Attorney Orr would have met with the Council before tonight's vote. He indicated that he had never met her before and he hasn't seen her resume. Mayor Burd stated that Attorney Orr's resume was in the paper and that she also sent an email to the Council. The Council indicated that none of them had seen Attorney Orr's resume. Attorney Orr asked the Council to give her a chance to show that she can do thejob. She stated that she appreciated the challenge. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Mums-aye Attorney Orr introduced Lisa Galliano, her associate, who would be working in tandem with her and noted that she works with a team of attorneys so she can have experts in various fields available. Reconsideration of 2007-69 - An Ordinance Amending Ordinance 2007-53 (Governing Ordinance) CC 2007-15 There was some confusion amongst the Council as to what was to be voted on. Mayor Bard explained that this item was previously vetoed and the motion is to reconsider the ordinance and vote on the original ordinance vetoed. She stated that either the aldermen vote in favor of it or against it; six "yes" votes will overturn the veto. Alderman Mums asked Attorney Orr her legal opinion. She stated that if it is desired to reconsider the ordinance, a motion is needed from someone from the prevailing side or someone who was in favor of it. If the majority of the aldermen present and voting (same as present at the original vote) carry the motion, there can be a re-vote on the ordinance. A motion was made by Alderman Manus to reconsider Ordinance 2007-69, an ordinance amending Ordinance 2007-53 (Governing Ordinance) of the United City of Yorkville City Code. Attorney Orr noted for the record that Alderman Mums was on the prevailing side when the motion was originally presented to the City Council. There was still some confusion, so Attorney Orr explained that this motion is to confirm whether or not the Council is going to re-vote. Alderman Leslie noted that the Council already voted to reconsider at the October 23, 2007 City Council meeting and the motion was approved. City Administrator McLaughlin gave Attorney Orr the history of the amendment and veto. He explained that this is a vote to override the veto. Attorney Orr clarified that the motion as stated was incorrect; it should be a motion to override the veto. Alderman Mums withdrew his motion. A motion was made by Alderman Mums to override the veto of Ordinance 2007-69 , an ordinance amending Ordinance 2007753 (Governing Ordinance) of the United City of Yorkville City Code; seconded by Alderman Besco. Alderman Manus asked Attorney Orr if she was City Attorney at the time of the veto how she would have advised the mayor. Attorney Orr stated that this was a policy decision by the mayor and she stays out of policy decisions. Alderman Munns commented that he did not feel that this was that important of an issue for the mayor to veto the majority of the Council. He stated that the veto was used on something that is not major for the running of the city. Alderman Leslie stated that the recent momentum of the Council seems positive and he would like to avoid a veto at any cost. He stated that he spent four hours over lunch with the mayor where he received good feedback at to terms of her thoughts however the veto was still a concern for him. He felt it perpetuated a division among the Council. Mayor Burd shared her thoughts with the Council. She stated that there has been some discussion at to her motives on writing the Governing Ordinance. She stated that what bothered the most under the former administration was that the mayor made decisions that certain aldermen could not be chairmen based on his judgment She saw the Governing Ordinance as her legacy; aldermen in the future would not be subject to this type of judgmental analysis by anyone else sitting on the Council. The constituents are the ones to make judgment of the merits of the elected officials. She vetoed the amendment because it was affecting something she had wanted to pass on. The Minutes of the Regular Meetine of the City Council — November 13, 2007 — Page 5 Alderman Besco commented that just because the mayor wrote it doesn't make it right. He stated that when the Governing Ordinance was originally approved it was acknowledged that it was a working document and there were to be corrections. He agreed with Alderman Leslie that there is a division in the Council and felt it was getting larger. He stated that the Council is here to work for the people. He felt that this is a non-issue and it was ridiculous to veto something of so little importance that will mean so much. He felt that this could state her legacy. He asked the Council to think hard if the city is going to move forward or stagnate with infighting and bickering. He supported moving forward. Alderman Spears stated that it is a good point; the Council is here to work and represent their constituents. She noted that both Ward IV aldermen voted for the amendment so the mayor vetoed against the residents of Ward IV. She further noted that by vetoing a vote, the mayor vetoes every resident represented by the affirmative vote. Alderman Spears stated that she has been asked by residents if the mayor will be vetoing everything. She agreed that this was a minor issue and still shouldn't be under discussion. She felt that the situation was a disgrace. Alderman Plocher stated that some committees work well together but this doesn't happen in all committees. He stated his vote will remain the same. Alderman Munns asked the mayor to reconsider and rescind her veto. He noted that she did not like the way the old administration ran "rough shot" over some council members however she is doing the same thing. Alderman Spears stated that it has been mentioned that this whole situation is because of the appointment of the School Board liaison. She explained that she was against Alderman Sutcliff as the liaison because she felt that there was a conflict of interest. Alderman Sutcliff works for the school district as a substitute teacher and she felt it was not a good thing represent the city with her employer. Alderman Sutcliff stated that she works as a substitute teacher for the Kendall County Special Education Cooperative and has not worked for the school district this calendar year. She felt that her employment is the newest reason not to appoint her as liaison. The original reason was that Alderman Munns wanted to be the liaison. She felt the conflict of interest reason was the newest effort of Alderman Spears to control the Public Safety Committee. She agreed that the Council was elected to represent their constituents but felt that this was not happening in this committee. She disagreed that the vetoed amendment wasn't important; she felt it was important to someone. She stated that she would be attending the School Board meetings anyway whether she was liaison or not because it is an interest of hers. She stated that it was not a conflict of interest in any way, shape or form. Mayor Burd commented that there had been talk about taking away people's votes and this committee voted 3-1 to have Alderman Sutcliff be the liaison. The chairman had people who are not on the Public Safety Committee vote to take away the votes of these three aldermen. Aldermen not on the committee who do not have to deal with the situation we dictating to the three members of the Public Safety Committee and they should be ashamed of what they did. Because of her veto, one of the three aldermen has to agree with the majority that what was done with the amendment was right. She stated that if this does happen, she was fine with the decision. Alderman Leslie noted that the Public Safety Committee has one senior alderman with three newly elected aldermen. He felt the dynamic would be different if there were another senior alderman in the mix. He felt that in the future this should be addressed as he was in favor of the Governing Ordinance being redrafted from time to time. Mayor Burd agreed and noted that there was talk of"kicking out" the entire ordinance. She stated that she wrote the ordinance to empower the aldermen take away powers that the mayor had. She asked them to consider against this. Alderman Leslie suggested someone call the question and Mayor Burd stated that this was her opportunity to speak. Alderman Spears noted that the mayor spoke more times than her ordinance allows. Mayor Burd called Alderman Spears out of order and questioned the amount of time Alderman Spears spoke. Alderman Golinski asked Attorney Orr at what point could he could the call the question. Mayor Burd noted that he could call the question if everyone had the opportunity to speak. She noted Alderman Werderich hadn't spoke yet and offered him the opportunity which he declined. Alderman Golinski called the question. The Minutes of the Reaular Meetine of the City Council — November 13, 2007 — nage 6 Motion failed by a roll call vote. Ayes-5 Nays-3 Sutcliff-nay, Munns-aye, Spears-aye, Plocher-nay, Werderich-nay, Golinski-aye, Besco-aye, Leslie-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the well contractor will be making a second attempt to put Well #7 back in action tomorrow. CHIEF OF POLICE'S REPORT Lieutenant Schwartzkopf reported on the following: o The next Citizen's Police Academy classes begin November 26, 2007. o The MDA will be having a fund raiser where the Chief will be locked up and will need pledges to "get out of jail". Both Yorkville and Oswego are participating. o Police testing was held on November 10, 2007. There were 135 applications with 101 applicants showing up for the testing. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported that three out of five park projects are in process. The Whispering Meadows playground and BMX track are in and the projects should be finished in the spring, 2008. COMMUNITY DEVELOPMENT DWECTOR REPORT No report. COMMUNI'T'Y RELATIONS OFFICER'S REPORT Mrs. Spies reported that the deadline for the January newsletter is December 7, 2007 and that the Holiday under the Stars event will be held on November 30, 2007 COMMUNITY & LIAISON REPORT KenCom Alderman Spears reported that she attended the KenCom Advisory Board meeting. She distributed a handout from KenCom (see attached). She read from a daily activity report concerning the events of October 30, 2007 at the Thomas Junior High School in Oswego. At 2:15 p.m. KenCom received a call regarding ammunition found at the high school and dispatched 22 officers from Oswego, Yorkville and the Kendall County Special Operation Unit. The officers locked down the school and the incident lasted until 4:38 p.m. While the lock down was occurring, Kencom also received routine police calls and fire calls however they also received a call for a domestic battery (three County units were dispatched), an accident with a school bus (twelve officers from Oswego and the Kendall County Special Operation Units were dispatched), an accident on Douglas Road and a robbery at a store (fourteen Oswego and Kendall County units were dispatched). Alderman Spears stated that KenCom has experienced a 67% growth in their workload since 2000 and has requested additional staff from the Kendall County Board. They provided the justification for adding five additional dispatch positions to KenCom such as a dedicated fire dispatcher. The additional staff was been approved by the KenCom Operations Committee m well as the KenCom Executive Board. A week ago, a County Finance Committee of the Whole meeting was held and while they budgeted for all five positions, they gave permission for only three new hires in March 2008. Because of this, KenCom will have to return to the County Board to further justify their request. Alderman Spears also noted that The Minutes of the Re ular Meeting of the City Council — November 13, 2007 — page 7 the Sheriff's Department met a similar fate when they were asked to reduce their request of five new positions to three. Alderman Spears commented that the safety of Kendall County residents and emergency personnel should not be a negotiating factor. Understaffed departments create a dangerous threat to the community. She encouraged the City Council and the public to contact County Board members and encourage them to approve the five KenCom and five Sheriff s Department positions in this budget to ensure a safe quality of life for the residents of Kendall County. Park Halloween Walk Alderman Plocher reported that he attended the Park Department Halloween Walk and he had to call the non-emergency number. Two officers responded quickly and he thanked them for their response. School Board Alderman Sutcliff reported that she attended the School Board meeting where the teacher's contract was discussed. A tentative contract was reached and a strike was avoided. She hoped the division between the teachers and administration could be mended. She felt the School Board and teachers want to do the best for the students. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Route 34 /Sycamore Intersection Improvement — Letter of Understanding (PW 2007-162) A motion was made by Alderman Besco to approve the Letter of Understanding with IDOT, as presented regarding the Route 34 /Sycamore Intersection Improvement; seconded by Alderman Spears. Alderman Moons commented that issues should be kept separate because the Fox Hill subdivision has been deserving of the light since the traffic study showed 20,000 cars/day goes by. He noted that the representative from Rob Roy Creek Falls is present and asked if questions could be directed to him about the developer's commitment to funding. Tony Graff stated that it was discussed that the developer would participate in the funding of a temporary light, contributing about $75,000.00, but he did not want to negotiate in public. He confirmed that the developer is still committed however it went from a letter of understanding to a legal document. He noted that the market has changed since the original conversations about the light and the developer is concerned with committing $300,000.00 for a four-legged intersection. He stated they are willing to work with the new city attorney on an agreement. Alderman Besco asked if the four-legged intersection would increase the value of the property. Mr. Graff indicated that it would but the developer has to balance the value with other concerns. He noted that the city is asking for other financial commitments in the Annexation Agreement. Alderman Leslie asked if Mr. Graff s client owned the property and Mr. Graff stated they did; they've owned it for twenty years. Alderman Leslie felt that the developer should commit to the four-legged intersection. Mr. Graff stated he would take the concern to the developer. Mayor Burd asked why the city couldn't build the four-legged intersection since it was only around $200,000.00. City Engineer Wywrot informed her that the $200,000.00 was for the three-legged light whereas the cost for the four-legged intersection is $300,000.00 to $400,000.00. Mayor Burd noted that the temporary light is half the price of a permanent light. Alderman Leslie stated that once the City Council approves the temporary signal, it commits to a permanent light by May 1, 2010. He felt that Mr. Grails client should commit now so that the permanent light would not be impeded. He asked that the developer bring the city something so they could go forward with the four-legged intersection. Mr. Graff explained that the developer has already committed to a 25' right-of-way for the Route 34 improvements. They are also committing funds for the temporary light which can be installed in about 90 days versus a permanent three-legged light which would take about one year. Alderman Leslie asked Mr. Graff to bring his client to the table to negotiate the language needed in the Annexation Agreement to provide for a four-legged intersection. Mayor Burd suggested leaving the negotiation to the staff as they have been working with the developer. The Minutes of the Regular Meeting of the City Council — November 13, 2007 — Page 8 Alderman Mums noted that there are over one thousand residents in Fox Hill who can't get out of the subdivision safely and the Council promised the light would get done. Motion approved by a roll call vote. Ayes-7 Nays-1 Werderich-nay, Golinski-aye, Besco-aye, Leslie-aye Sutcliff--aye, Munns-aye, Spears-aye, Plocher-aye Route 34 /Sycamore Intersection Improvement — Agreement (PW 2007-162) A motion was made by Alderman Besco to approve the agreement for Sycamore Road Intersection Improvements, as presented, subject to final legal and staff review; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye, Leslie-aye, Sutcliff--aye, Munns-aye, Spears-aye, Plocher-aye Werderich-aye, Golinski-aye In-Town Road Program — Proposed Addendum #1 for Engineering Services (PW 2007-161) A motion was made by Alderman Besco to approve a proposed addendum #1 for engineering services to authorize increase in an amount not to exceed $20,243.75 and authorize the City Clerk and City Administrator to execute; seconded by Alderman Werderich. Alderman Besco stated he was asked to bring this forward. This is a Change Order to pay Smith Engineering for the executive stop work order the mayor issued for Heustis Street. He indicated that this is just one of the bills incurred by the stoppage of work. Alderman Spears asked if there were changes in the design that would warrant this cost. Mr. Wywrot explained that the road design wasn't changed however there is another change order that addresses the resident's drainage concerns. Mayor Bard asked if the change order had a beneficial effect because some resident drainage issues were addressed. Mr. Wywrot stated that drainage was improved. Alderman Besco clarified that the drainage issues were covered by a separate change order. Alderman Werderich asked if the $20,000.00 was spent to talk to people. Administrator McLaughlin stated that the charges were for the research and analysis of the issues brought forward by residents. Mr. Wywrot agreed the change order was for the cost of evaluating the residents concerns. Alderman Werdericb stated that if Smith Engineering was so confident why did they charge $20,000.00. Alderman Leslie asked if Smith Engineering wavered from their original plan. He stated that the $20,000.00 was for the opportunity to stop work and show the public that they knew what they were doing. Mayor Burd stated that Mr. Wywrot noted that changes were made after the ward meeting. Mr. Wywrot stated originally the concern was the curb height but at the meeting drainage issues were brought up. Mayor Burd stated that the people who complained to her were concerned that the curbs would not allow the water to flow properly. She called a stop to the work because she was assured that there would be time for a ward meeting however they wanted to pave before the meeting. She indicated that she still has standing water in from of her home. The stop of the work was so the residents could have time to voice their concern before the project was completed. Alderman Golinski asked if the drainage issues could have been corrected even if the work proceeded on schedule. Mr. Wywrot stated that in hind sight, yes. Alderman Golinski read an email regarding the stop work which stated that it was Mr. Wywrot, Assistant City Administrator Olson, Director Dhuse and Smith Engineering opinions that any drainage issues could be handled after the asphalt was laid. Mayor Burd stated that she did not see this email and she was not advised of this. Alderman Plocher explained that he received calls from residents so he sat down with Smith Engineering and they assured him there would be time to have a ward meeting before the project was completed. He received word shortly afterward that the paving was ready to begin. As he was walking door to door handing out notices of the ward meeting, he met residents who had issues with drainage on Orange Street. The mayor asked him if a stop work order was necessary and he advised the mayor that it would probably be a good idea. He did not feel $20,000.00 should be billed to the city since Smith Engineering advised him that there would be time to have the meeting before this work began. Alderman Spears asked if Alderman Golinski was ever privy to the meetings with Smith Engineering. She also noted that staff advised the project to continue however they were ignored. This is costing the The Minutes of the Regular Meeting of the City Council — November 13, 2007 — aage 9 city $20,000.00 plus whatever additional charges the Council still hasn't seen. She noted that the city has good staff who gives professional recommendations and they should be trusted. Mayor Burd asked Mr. Wywrot if he ever told her not to proceed with the stop order. Mr. Wywrot stated no. She asked Mr. Olson to tell her when he told her not to do the stop work order. Mr. Olson stated that be never told her not to do a stop work order however they discussed what a stop work order would cause. He also noted that she asked him if he was comfortable with Smith Engineering's design and he indicated that he was comfortable going forward with the project. She told Alderman Spears she was mistaken in saying she ignored staff. Alderman Spears stated that staff tonight clearly stated that the project could have proceeded with Smith Engineering's design. Mayor Burd stated that now they are saying this but they did not say anything before she made the decision. Alderman Spears stated that the city should have gone with the engineer's design and not have taken resident's opinions because it cost the city $20,000.00. Mayor Burd stated that this happened in her ward and she listens to the people in her ward. Alderman Spears reminded her that she represented the entire city. Mayor Burd stated that she took the leadership for the entire city with actions and she would do it again. Alderman Golinski addressed Alderman Spears question and explained he was not notified of the situation and it disturbed him quite a bit. He stated that it bas been discussed that the Council should move forward in a positive manner and this is one area that needs work. He stated that he found out about the stop work order through email. His explained that his first thoughts were how this would affect the work schedule with school coming up and how it would affect the budget. He asked if any cost estimates were received before issuing the stop work order. Mayor Bard stated that they did not have any idea what it would cost; it was up to the whims of Aurora Blacktop. Alderman Leslie stated that he did not know if it was the wrong decision to delay the work but it did cost $205000.00. He felt that the engineers and staff should be trusted. If the engineering was wrong, the road would have been tom up at an additional cost too. Alderman Besco stated that Smith Engineering told the city that they guaranteed their work. If they were wrong, it would have been fixed at their cost. He stated that before any action like this is taken in the future, staff should be consulted. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Leslie-aye, Sutcliff--aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007-78 Authorizing the Execution of an Amended and Restated Annexation Agreement (B & P Products) (PC 2007-22) A motion was made by Alderman Leslie to approve an ordinance authorizing the execution of an amended and restated Annexation Agreement with B & P Properties, LLC, an Illinois Limited Liability Company ("Owner") and ("Developer"), as presented, and authorize Mayor and City Clerk to execute all documents upon final legal review; seconded by Alderman Spears. Alderman Sutcliff asked what changed in the plan. Alderman Leslie stated that there were concems with documentation (rectified by the developer) and density. There was no change to the plan only to the documentation. Attorney Kramer noted that both the Plan Commission and Economic Development Committee unanimously voted for the agreement. Motion approved by a roll call vote. Ayes-7 Nays-I Golinski-aye, Besco-aye, Leslie-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-nay Ordinance 2007-79 Approving the Rezoning of Certain Property from R4 to PUD Classification (B & P Products) (PC 2007-22) A motion was made by Alderman Leslie to approve an ordinance rezoning certain property from M-1 to PUD Zoning Classification for B & P Properties, as presented, subject to final legal and staff review; seconded by Alderman Spears. The Minutes of the Regular Meetine of the City Council — November 13, 2007 — Page 10 Motion approved by a roll call vote. Ayes-7 Nays-1 Besco-aye, Leslie-aye, Sutcliff--aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-nay, Golinski-aye PUBLIC SAFETY COMMITTEE REPORT - No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Alderman Bosco asked staff to give a copy of the Governing Ordinance to all the new aldermen for their review. He stated that since it is in place it should be followed diligently. Mayor Burd indicated that the City Attorney also needs a copy of it. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Plocher; seconded by Alderman Mums. Motion unanimously approved by a viva voce vote. Meeting adjourned at 11:02 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois Page I of 5 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE A CITY COUNCIL CHAMBER November 13, 2007 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Rose Spears Alderman Joe Besco Alderman Robin Suteliff Alderman Gary Golinski Alderman Wally Werderich Alderman Marty Munns City Treasurer Bill Powell Alderman Arden Plocher City Clerk Jackie Milscbewski CITY STAFF PRESENT: City Administrator McLaughlin Police Chief Martin Assistant City Administrator Olson Park & Recreation Director Mogle Finance Director Mika Community Development Director Miller Public Works Director Eric Dhuse City Engineer Wywrot Public Relations Officer Spies GUESTS: See attached list. PRESENTATIONS Donation from Yorkville Moose Representatives from the Yorkville Moose (Rob Simmons - Governor and Mary Hinman - Senior Regent) presented the Parks and Recreation Department with a check in the amount of $2300.00. The Moose earned the funds by helping with the Hometown Days beer tent and decided to donate them back to the city. Director Mogle thanked the Moose for their generous donation. Comprehensive Plan Update Plan Commission chairman, Anne Lucietto presented the Comprehensive Plan Update (see attached). After her presentation, the floor was opened for questions. Alderman Golinski asked if the entire comprehensive plan update would be handled in house and Ms. Lucietto indicated that it would. Alderman Golinski noted that in the past the process was done by consultants. Alderman Spears asked why some people were not accepted to be on the committee such as senior citizens. Ms. Lucietto explained that each alderman could recommend one candidate and she tried to have those recommended fit on the committee. Director Miller indicated that a person from Senior Services was contacted and is willing to serve on the committee. Alderman Sutcliff asked if any aldermen would be on the committee and Ms. Lucietto explained that the advisory committee is made up of residents. Alderman Werderich asked how the committee's volunteers were chosen. Ms. Lucietto explained the diversity of the volunteers and how the committee members were chosen by the Police Department, Plan Commission, etc. Alderman Werderich asked if the members were from Yorkville and Ms. Lucietto indicated they were from within the service area which Director Page 2 of 5 Miller clarified as being Yorkville and within a I % mile radius. He indicated that he would provide a list of the members to the Council. Green Alternatives for Stormwater Management Laura Haake, City Park Designer, gave a presentation on Green Alternatives for Stormwater Management which is her thesis for her master's degree. Her presentation included: o Urban stormwater management o History of stormwater management o Low Impact Development — uses stormwater as a resource, reduces infrastructure, recharges groundwater system, the difference it makes and how it is used for big box development o Bio-retention from street runoff o Eco-paver parking lots o Cluster developments o What can Yorkville do — revise municipal code o Where do we go from here? Alderman Spears noted that Ms. Haake's presentation appears to promote narrower streets. Ms. Haake explained that is an option which saves on asphalt and other impervious services. Alderman Sutcliff asked if any other municipalities in the area are putting these practices into place. Ms. Haake stated she found information indicating that Grayslake, Illinois is implementing green practices however she has not found information about any other community in the area. DETAILED BOARD REPORT — BILL LIST There were no questions or comments. The Bill List was placed on the November 13, 2007 City Council agenda for approval. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA 1. ADM 2007-88 Monthly Treasurer's Report for September 2007 2. ADM2007-89 Annual Treasurer's Report for Fiscal Year 2007 3. ADM 2007-98 Risk Management Annual Bill 4. PW 2007-153 Water Department Report for July 2007 5. PW 2007-154 Water Department Report for August 2007 6. PW 2007-158 Raintree Village Units 1-6 — Letter of Credit Reductions 7. PW 2007-160 In-Town Road Program — Sidewalk Easement Agreement 8. PW 2007-165 Speedway Station — Storm Sewer Replacement 9. PW 2007-166 Autumn Creek Unit I — Bond Reduction No, I 10. PW 2007-167 Kendallwood Estates — Offsite Easement IL PW 2007-168 Game Farm Road/Somonauk Street — Plat of Highways Addendum #1 and MFT appropriation Resolution 12. PW 2007-172 Gruber-Kostel Dental Office — Release Letter of Credit 13. PW 2007-175 Yorkville Market Square — Letter of Credit Reduction #1 14. PW 2007-176 Grande Reserve Unit 23 — Sitework Letter of Credit Reduction #1 15. PW 2007-177Autumn Creek Unit 2 — Plat of Easement 16. PW 2007-178 Wells 3 & 4 Treatment Facility — Change Order #5 17. PW 2007-157 Well No. 4 Rehabilitation — Sole Source Contractor 18. PW 2007-161 — In-Town Road Program — Proposed Addendum W for Engineering Services Page 3 of 5 19. PW 2007-174 Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction #1 20. COW 2007-40 Proposed Amendment to the Downtown Yorkville TIFProject Area Which Removes Parcels 21. COW 2007-41 Requests for Sponsorship Recommended by the Human Resource Commission a. Mutual Ground, Inc. b. Bristol-Kendall Fire Department Fireworks a DeKalb, Kane South and Kendall Counties, Inc. Baseball d Salvation Army Golden Diners e. Kendall County Health Department "Share Your Blessing Program" 22. COW 2007-42 Approval of Historical Street Name — Rita Murphy 23. COW 2007-43 Set Public Hearing Date on Estimated Tax Levy Mayor Burd asked that item #20 - COW 2007-40 - Proposed Amendment to the Downtown Yorkville TIF Project Area Which Removes Parcels be tabled until the next Committee of the Whole meeting. Alderman Besco asked that 418 - PW 2007-161 — In-Town Road Program — Proposed Addendum #1 for Engineering Services be removed from the consent agenda and placed on the regular agenda. The consent agenda, as amended, was placed on the November 13, 2007 City Council agenda for approval. PARK BOARD No report. ECOMOMIC DEVELOPMENT COMMITTEE 1. PC 2007-22 B & P Properties —Amended Annexation Agreement and Rezoning It was noted that Alderman Leslie was going to be detained and asked that discussion of this item be at the City Council meeting with the rules for discussion suspended. It was the consensus of the Council to move this item to the November 13, 2007 City Council regular agenda for further discussion. PUBLIC WORKS COMMITTEE 1. PW 2007-134 Proposed Wetland Ordinance Mayor Burd asked that this item be tabled for four weeks as it was placed on the agenda prematurely. 2. PW 2007-162 Route 34 15ycamore Intersection Improvements - Agreement Alderman Besco turned the floor over to City Engineer Wywrot who explained that this is a standard letter of understanding with one exception which is a time frame for the temporary signal. The temporary signal will need to be removed by May 1 , 2010. Page 4 of 5 Alderman Munns asked if the city received an update from the developer of the property north of the intersection. Mr. Wywrot explained that the draft of the agreement that the City Council has was drafted by staff however it does not contain the revisions suggested by the developer. Alderman Plocher indicated that he had a problem approving the draft in the packets without the developer's revisions. Director Miller explained that the developer made changes to dollar amounts and asked to be relieved of some of the responsibility. Staff has reviewed the revisions but hasn't had the opportunity to discuss them with the developer. Staff recommends the approval of the original draft and any changes can be brought forward later as amendments. He did note that the developer has not signed the agreement or committed to funding. Alderman Plocher suggested tabling the agreement. Mr. Wywrot noted that this would delay everything to the last minute. There was some discussion regarding the verbal commitment from the developer in regards to funding. Director Miller stated that there was just a verbal commitment to fund the project with provisions and that the staff and the developer haven't reached terms. He felt that he Council's approval of the agreement would help discussions with the developer. It was questioned that if the developer doesn't commit to funding would the city be responsible for the installation of the permanent light. Alderman Spears questioned the cost of the permanent signal and Mr. Wywrot stated that it would be approximately $ 150,000.00 to $200,000.00 while as the temporary signal's cost is $ 140,000.00. After some discussion about a two-legged versus a three-legged signal, Alderman Spears asked Mr. Wywrot his opinion on proceeding. Mr. Wywrot stated that he would recommend proceeding with the temporary signal. He also recommended that if the Council was going to vote on the agreement, it be the one drafted by staff. Alderman Besco noted that if the temporary signal moves ahead, the city needs to identify funding for a permanent one. This item was placed on the November 13, 2007 City Council regular agenda. PUBLIC SAFETY COMMITTEE No report. ADMINISTRATION COMMITTEE 1. ADM2007-99 Discussion on Returning to Old Committee Structure Alderman Munns reported that it was discussed to limit the monthly meetings and to go back to the previous schedule. The committee brought this to the COW meeting for further discussion by the entire Council. The Council discussed at length City Administrator McLaughlin suggestion of having a COW meeting, breaking into committee meetings and then returning to the COW meeting. Alderman Spears had a lengthily list of comments and/or concerns such as: o When the Council left the previous format for abetter way to hold meetings it was agreed that if it didn't work they could go back to the old format Page 5 of 5 • Grouping items, as suggested by the City Administrator, may not give the Council time to review and discuss them. • A 6:00 p.m. start time is hard for some members of the Council to make • Starting early and taking a break for dinner was suggested however eating before the press and residents is tacky and unprofessional. Also, would the taxpayers be paying for the meals? • Recessing the COW to hold simultaneous committee meetings is not efficient or beneficial. • Would there be too much information presented in a short time span which would not allow time for input? Also, would reconvening the COW cause the committees to rush through their meetings? • What monthly reports would be in the weekly packets and how will Council questions on the reports be addressed? • Would the City Administrator be preparing the agendas rather than the committee chairs? Alderman Spears voiced her support of separate COW, City Council and committee meetings and was in favor of 6:30 p.m. as the earliest possible meeting start time. The Council discussed various options for meetings (no committee meetings, just COW; committee meetings with no COW; limiting presentations to COW meetings, etc). After a lengthy discussion, the Council had not reached a consensus for a new meeting schedule. Administrator McLaughlin indicated he would prepare a COW agenda with a time limit that could be held before committee meetings for the Council's review. ADDITIONAL BUSINESS Safe Routes to School Alderman Spears commented on the great job done by Ms. Haake in applying for a Safe Routes to School grant. However she expressed her concern with a letter of support written by School Superintendent Dr. Engler which she read to the Council. She felt it was ridiculous that Dr. Engler submitted this type of letter to be included in the grant application especially when other letters were of a positive nature. There was no further additional business. The meeting was adjourned at 8:25 P.M. Minutes submitted by Jackie Milschewski, City Clerk Page 1 of 10 UNITED CITY OF YORKVILLE DRAFT COMMITTEE OF THE WHOLE CITY COUNCIL CHAMBER December 18, 2007 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Robin Sutcliff Alderman Gary Golinski Alderman Wally Werderich Alderman Jason Leslie City Treasurer Bill Powell Alderman Munns (arrived 7:25) City Clerk Milschewski Alderman Rose Spears CITY STAFF PRESENT: City Administrator McLaughlin Chief of Police Martin Assistant City Administrator Olson Park & Recreation Director Mogle Attorney Orr Community Development Director Miller Finance Director Mika Public Relations Officer Spies Public Works Director Eric Dhuse City Engineer Wywrot GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned the following items on the bill list: • Page 10, Dan Kramer Law Offices in the amount of $2697.98. Assistant City Administrator Olson explained that this was the fee for the Pobol Annexation. • Page 15, Engineering Enterprises, Inc. Montgomery Boundary Agreement - in the amount of $ 1 ,965.75. Alderman Spears asked if Montgomery paid half of this charge. Mr. Olson stated that they did. • Page 15, Engineering Enterprises, Inc. North Star Parcel - in the amount of $ 1,965.75. City Engineer Wywrot explained this was the charge to reviewing the legal description for the Annexation Agreement. • Page 36, Michael and Denise Kachlic — Refund of unused liquor license in the amount of $424.70. Mr. Olson explained that this was a transfer of ownership of a business so the unused portion of the license was refunded and a new license was issued to the new owner. • Page 46, Yorkville Flower Shop — green plant in the amount of $47.00. Administrator McLaughlin explained that this was a gift to the Yorkville Economic Development Corporation for their new office. There were no further questions or comments. The Bill List was placed on to the December 18, 2007 City Council agenda for approval. Mayor Burd asked that #2, PW 2007-193 In-Town Road Program — Roadway Change Order #3 under the Public Works Committee Report be moved up on the agenda for discussion an a Page 2 of 10 representative from Smith Engineering was present for clarification. It was the consensus of the Council to move the item up PUBLIC WORKS COMMITTEE 1. PW 2007193 In-Town Road Program — Roadway Change Order #3 City Engineer Wywrot reported that the change order was for work done on Mill and Heustis Street in order to bring the roads back to the condition they were in before the stop work order was issued. The stoppage was followed by heavy rains that washed out the roads which are on a steep slope. The roads had to be regarded, etc. before the paving could take place. Mayor Burd noted that Jason Poppen from Smith Engineering was present to clarify the confusion on the scope of work. She asked him to explain the situation and give background information. Mr. Poppen explained that the original scope of work was to resurface the road however work was stopped and the city held a public meeting. During the meeting, drainage issues were brought forward by residents. He felt that there was confusion as to what the project was initially to encompass which was just the resurfacing of the road which included new curbing. Drainage issues were not included in the original project. Due to miscommunication, the residents saw the new curbing and did not understand this. He stated that a lesson for the future was learned; part -- --- o€the design process-should be providing-information-to-the-residents.—He-felt it would-be-better- to be proactive with the public prior to any construction project such as this. Mayor Burd stated that she and representatives from Smith Engineering discussed that they met the scope of the project and if there were drainage problems after the project was completed, the street would not have been ripped up and redone. Smith met the design standards that the city agreed to. Mr. Poppen explained that the project was designed to the scope agreed to by the City Council. Subsequently, there was work done outside of the scope such as isolated drainage issues and additional costs were incurred. Mayor Burd stated that the city learned about some storm water issues that they weren't aware of at the ward meeting. She stated that addressing these issues was not included in the scope of Smith Engineering's work. Mr. Poppen stated that residents spoke with the project manager Mark Landers and himself regarding the issues and the concerns with the curb heights. He got involved to assure and educate the public that it was a good design and why it was going to work. Alderman Golinski asked Mr. Poppen if he felt they had a good, solid design and Mr. Poppen stated that he did. Alderman Golinski stated that it was his understanding that the drainage issues could have been addressed after the asphalt had been poured. Mr. Poppen stated that some of the issues could have been taken care after paving however drainage wasn't the scope they were under contract for. He explained that the topographical survey only goes 10' up and this did not show drainage issues. Alderman Golinski agreed that education is the key and should happen prior to a project. He felt that if the residents had been better educated it wouldn't have cost the city in access of $35,000.00. Mayor Burd stated that some of that cost was for change orders that would have been made anyway due to the drainage problems. Mr. Poppen stated this was potentially correct and he felt that the project was a success. Alderman Spears asked what the additional $15,000.00 was for and if it was related to the drainage issues. Mr. Poppen stated that the charges were from Aurora Blacktop and were probably due to the work stoppage. They had to relay binder and remobilize. Mr. Poppen explained that the first change order for $20,000.00 was for Smith Engineering's services outside Page 3 of 10 the scope of the project. She asked if the project had been completed, could the drainage issues been addressed at a later date. Mr. Poppen stated that they could have. Alderman Spears stated that representatives from Smith Engineering as well as the city engineer were present at the ward meeting and explained that they stand behind their work. She noted that the work was stopped by people who were not engineers or experts in this area. She stated that this was a problem and the council should respect the staff as well as the firms they hire. The stop work order cost in excess of $20,000.00. She questioned if the residents who were behind the stoppage would want to contribute to the additional fees and she asked if there were going to be resident meetings on every project. Mr. Poppen stated that the hope is that by being proactive, issues such as these could be avoided. He acknowledged that this will cost more upfront but the meetings may change the scope of a project at the beginning. He stated that every in-town road program is not perfect because there is old infrastructure in place that needs to be retrofitted to work. Additionally, the work needs to be kept in budget. Mayor Burd clarified that some residents didn't stop the work, she did and she would do it again. She stated that when residents are concerned about something on the street in front of their house the city needs to listen to them. She stated that if many people are upset with a project, the city failed by not educating them or allowing them to present their drainage problems. City Administrator McLaughlin suggested that when the city scopes a project some funds should be kept in reserve for adjustment in the project. He noted that after the ward meeting staff gave Smith Engineering direction to engineer some solutions to the stormwater projects and to submit change orders for the work. The concerns were addressed as the street was being finished and adjustment to the design while the project is being built is a cost effective solution. To come back in after the fact and try to retrofit the drainage to the road, the cost would have been greater. He stated that doing the adjustments "on the fly" wasn't necessarily the worst cost benefit analysis out of several different scenarios. Alderman Spears asked Mr. Poppen that if Smith Engineering finished the road per their scope of work and then it was determined there were drainage issues, would anything that was already completed have to be redone. Mr. Poppen explained that they could have performed the original scope of work and not addressed the issues. Alderman Spears stated that if the city asked them to address the issues, would the city have had to pay for Smith Engineering to dig up everything and redo it. Mr. Poppen indicated that he did not know the cost that would have been incurred. He explained that there were just a few areas with drainage issues and to rectify these issues there would have been some additional cutting into the road. He felt it probably would have been more expensive to do after the road was completed. Alderman Spears asked again would they have had to destroy the work that was completed to address the specific drainage issues and Andy Mrowicki with Smith Engineering stated basically no. Alderman Golinski agreed that it is important to work together however he wasn't notified before the unilateral work stoppage for work that was being performed in his ward. He stated if he had been notified he would have voiced his concerns about the budget and the schedule for completion with school buses hitting the road very soon after the completion. In regards to a learning experience, it would be good to learn to make a courtesy call to all the aldermen in the ward that is affected by the situation. Mayor Burd apologized; she thought he was emailed about the situation. Page 4 of 10 ITEMS RECOMMENDED FOR CONSENT AGENDA Mayor Burd noted that the developer asked that Item #2 - PC 2007-38 Menard's 66 Addition Preliminary /Final Plat be tabled until the second meeting in January. Administrator McLaughlin explained that there is a possibility that they may not need this subdivision based on business decisions. 1. PC 2007-36 Pobol Rezoning 2. PC 2007-37 Blackberry Woods PUD Amendment 3. EDC 2007-49 Yorkville Crossing Unit I (Wal-Mart)Final Plat — Recording Time Extension Request 4. EDC 2007-50 Integrated Transportation Plan — Illinois Tomorrow Grant Funding Match 5. EDC 2007-52 Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement Renewal 6. COW 2007-44 Cable and Video Competition Bill a. Right-of-way Ordinance b. Franchise Fee and Peg Fee Ordinance c. Customer Service and Privacy Protection Ordinance Mayor Burd asked if there were any comments or questions on the consent agenda. There were — --- -none These-items were placed on the December 18, 2007 City Council consent agenda for -- ---- approval. MAYOR No report. CITY AI)NUMSTRATOR I . COW 2007-47 Meeting Structure and Schedule for 2008 Administrator McLaughlin reported that the recommendation out of the last City Council meeting was tentatively to have City Council meetings on the second and fourth Tuesdays of the month and a brief Committee of the Whole meeting followed by committee meetings on the first and third Tuesdays of the month. He stated that the Administration Committee has thrown out the idea of reverting back to the full meetings schedule used in the past. Alderman Spears confirmed this. Administrator McLaughlin noted that a concern with the ability to digest the issues from COW meetings prior to the City Council meeting was expressed. Under the format he proposed (COW before committee meetings) the City Council would be a more open discussion similar to COW meeting with a vote after the discussion of item. Items could be tabled if someone was not ready to vote or if more input was needed. Alderman Spears requested that the old schedule be re-implemented. She expressed her concern with having two committee meetings occurring simultaneously; aldermen are unable to attend meetings of committees they are not part of. She also expressed the concern of having minute takers sitting around waiting for the COW to end. Alderman Golinski stated that the old structure was eight meetings per month and an alderman had to attend six of them. He stated that he didn't have a solution to shorten the meetings and he wasn't an advocate of more meetings however he thought more, shorter meetings would be better. He noted that when a meeting ends at 11 :30 p.m. he is unable to get to sleep until 2:00 a.m. Page 5 of 10 Mayor Burd commented that the meetings aren't shorter; the COW's are long and everything is regurgitated at the next City Council meeting. She commented that the committee system has four aldermen handling certain topics that are brought to the COW meeting where those not on the committee can have input. She suggested that the committee meetings be abolished and there only be a COW meeting. Alderman Werderich was concerned with not being available to attend some of the committee meetings. He thought Administrator McLaughlin's idea of a short COW meeting was to offer time to comment on items on the other committee agendas. Administrator McLaughlin agreed that this was his intention. Alderman Werderich stated that he wanted to shorten meetings however he still wanted more information. He supported trying the idea and if it doesn't work it could always be changed. Alderman Sutcliff stated that when she gets a packet from a committee other than the one she is on, she likes to discuss items of concern with the chairman either by email or by talking to them. She felt that nothing has seemed to work yet so she was open to Administrator McLaughlin's proposal. Alderman Leslie suggested giving it a try however the COW should be held to under an hour. He liked the reduction-ofineetings.-However,-ldermanMunns stated that he was leaning towards returning to the old schedule with a time limit to the COW meetings. Alderman Munns noted that two issues were covered in one hour tonight and he felt there would be a lot of carryover. Alderman Spears asked who would determine which items are tabled and would special meetings be needed. Alderman Leslie felt this was good point but there should be mutual respect and a rotation system could be instituted so everyone has a chance. Alderman Sutcliff felt the reason for the COW was not to go over each item but rather those there was an issue with. Administrator McLaughlin agreed and stated that the COW would not be for debate but rather information. Discussion would be at the committee level and then at the City Council meetings. Alderman Golinski noted that the City Clerk had concerns with this schedule. He asked for her comments. Clerk Milschewski asked how she would cover the meetings with minute takers. She stated that two committee meetings a night calls for two minute takers. If the COW is to be held before these meetings and limited to an hour, she could have one minute taker cover the two meetings. However, the other minute taker will either have to sit around waiting for the COW to end or come into a meeting at 8:00 p.m. She questioned how the minute taker waiting would be compensated. She gave the example that while the COW meeting was going on tonight, a court reporter was on the clock waiting for the City Council meeting to begin so she could cover the public hearing. She noted that the court reporter is being paid to sit through a COW meeting. Also, asking the minute takers to start at 8:00 p.m. might not be attractive to them. Alderman Spears stated that originally, discussion was to take place at the COW meeting and not be carried over to the City Council meeting. This is way the Governing Ordinance limits the speaking time of the aldermen. The COW was not design to have the committee say that an item was discussed at the committee and it is okay to vote on. She did not see a COW without discussion being successful. Page 6 of 10 Administrator McLaughlin stated that he has received feedback that the City Council meetings are still going long despite the COW discussion. He noted that there are several communities in Illinois who manage under other governance beside two COW, two City Council meetings and four committee meetings. They get their work accomplished in shorter time frames. Mayor Burd asked if this should be brought forward for a vote since everyone had their opinion and no one was changing their minds. Administrator McLaughlin noted that the City Council needs to set a schedule for 2008. There is always the ability to change the schedule but one still needs to be done. Clerk Milschewski suggested that the Council have committee meetings on separate nights, abolish the COW meetings, change the Governing Ordinance to eliminate time constraints at the City Council meetings and vote after the items are discussed. It would be similar to the current meetings structure with out the redundancy of the City Council after the COW meeting. Attorney Orr commented that 99% of municipalities operate as Clerk Milsehewski suggested. She noted that the difference is that the City Council meeting is where information is swapped from the committees. She felt that this method gives the committees far more worth because it will be their job to convince the other Council members of their conclusions. She stated that the City Council meetings will be longer but the public is better served because they will know there will ---- -be_a full-discussion at the-City-Council_meetings, She_agreed_there can be no limitation to discussion at the regular meeting. She stated that experts only come to committee meetings and City Council meetings. She also noted that the committees should not meet on the same night. Clerk Milschewski noted that this method will also benefit the public who currently wait through lengthy COW meetings to make public comments. Mayor Burd was concerned that the Council would lose pay under this method and the pay schedule couldn't be changed. Attorney Orr explained that this could be adjusted as long as compensation isn't increased. For example, instead of being compensated for a COW meeting, the council would be compensated for a committee meeting as long as the total amount remains the same. Alderman Spears commented that the money wasn't an issue for her. Clerk Milschewski noted that she was the only one who stood to lose because she did not attend committee meetings. There was discussion regarding the days the committees should meet and it was determined that they should meet one on each Thursday on the month. It was the consensus of the Council to adopt this new schedule, City Council meetings on the second and fourth Tuesday of the month and committee meetings on Thursdays; the order of which to be determined by Administrator McLaughlin and staff. The compensation issue will be figured out by Administrator McLaughlin. PARK BOARD No report. PUBLIC WORKS COMMITTEE 1. PW 2007-182 Well No. 4 Rehabilitation Contract City Engineer Wywrot reported that this is a significant contract to award and there is a base and supplemental bi. The supplemental bid may not be needed. Administrator McLaughlin also noted that there is a sole source; there is only one contractor uniquely qualified to accomplish the work needed. He noted that the city has used them before and had a good experience with them. He suggested that this be placed on the consent agenda. Page 7 of 10 There were no further comments or questions. This item was placed on the December 18, 2007 City Council consent agenda for approval. ECOMOMIC DEVELOPMENT COMMITTEE No report. PUBLIC SAFETY COMMITTEE 1. PS 2007-34 Somonauk Street (Route 47 — Colton) — On-Street Parking Ban Alderman Spears reported that this was discussed at the Public Safety Committee which was attended by property owners and a business in the area. The owners of Realty Executives felt that the ban would have a direct impact on their business due to their small parking lot. Chief Martin explained to the committee the public safety issue caused by parking on the narrow street especially with school bus traffic. The committee recommended the parking ban. Alderman Werderich asked if the gentleman present from Realty Executive could speak. The Council agreed and Jeff Gregory, one of the three owners of the business, addressed the Council. Mr. Gregory voiced the following comments and concerns: o The business was purchased 1 %z years ago because the growing area of Yorkville attracted them. The parking lot in the rear of the building along with the on-street parking-attracted them to the building. — o They shared the concern regarding bus traffic but noted that usually cars are not parked on both sides of the street at the same time. They have never seen a situation of congested parking causing an issue. • Currently, between their parking lot and street parking, there are 27 parking spots available for employees and customers. The ban would limit their parking to seven parking spaces in their lot and they currently have ten employees. • It was suggested at the Public Safety Committee meeting that people could park at the school two blocks away and walk to work. It is not feasible to expect employees or clients to walk two blocks to work especially if it is snowy and sidewalks aren't shoveled. • If the ban is approved they would look for an alternate location for their business and it may not be in Yorkville. This would affect the employees who live in Yorkville and relocation would also cause a financial hardship. • The parking ban was in conflict with the business zoning. It would cause a hardship to any other business such as a doctor's office that may rent the building. • They didn't want to compromise safety however they haven't uncovered any evidence of a safety hazard in front of their location. The police were asked if they had uncovered any tangible evidence of a safety issue. • There is a safety issue asking residents or their guest to park more than a block away from their home. • Under the proposed solutions, they supported taking no action and suggested limiting parking to one side of Somonauk Street or in front of the four closest properties to the intersection. It was also suggested to him that Somonauk be made a one way west bound street. Mr. Gregory stated that if the safety issues could be addressed without a parking ban he and his partners would appreciate it. Page 8 of 10 Alderman Leslie noted that the property in question will be encroached upon when the turn lane is implemented. He understood their concerns but drives down the street often and agrees it is safety concern. He supported the ban. Alderman Spears stated that the committee discussed this at length. She felt that the city is proactive with safety issues and felt that it should be addressed before someone is injured. She explained that Alderman Sutcliff brought this forward after residents voiced their concern. Alderman Sutcliff stated that she appreciated and understood Mr. Gregory's concerns however the safety of this intersection was overwhelmingly brought to her attention by residents in the area. The parking ban was suggested by residents. She noted that the side street Colton is only two houses from the business and people could park there. She further noted that she drives by quite often and has never seen their parking lot full. She stated that when a traffic study was done, 400 to 700 cars go through the intersection in a single morning. Having to go around parked cars is extremely dangerous. Chief Martin stated that in his 29 years on the force this had been the most talked about street in regards to parking. Cars parked on both sides of the street make it difficult for traffic especially buses to get through. He noted that two traffic studies have been done at this intersection and 600 to 700 cars travel this street per day. He supported the business but he has had many residents - express their concern-and-fear-something-awful-will happen at_this_location_Because_of_this,lre_ supports a parking ban from Route 47 to Colton Street on both sides of the street. He investigated Mr. Gregory's suggestions however he still feels the parking ban is best. There were no further comments. It was the consensus of the Council to place this item on the December 18, 2007 City Council consent agenda for approval. ADMINISTRATION COMMITTEE 1. ADM 2007-113 Sunflower Estates SSA 2006-119 Abatement Ordinance Alderman Munns stated he was unable to attend the last Administration Committee meeting and turned the floor over to Alderman Werderich. Alderman Werderich reported that initially this item was set for the consent agenda however it was pulled off because the figures had changed. He spoke with Administrator McLaughlin, Director Mika and Director Dhuse who addressed his concerns. He suggested that if there were no other concerns this item could back on the consent agenda. Alderman Spears asked how the new figures were determined. Administrator McLaughlin stated that the original intent was to project the expense for the future year. This was reviewed and it was determined to take what was actually spent and bill the residents this amount on their tax bill. They will get billed one year in arrears so the figure was lowered. It was the consensus of the Council to place this item on the December 18, 2007 City Council consent agenda for approval. 2. ADM 2007 123 2008-2009 Tax Levy Ordinance Alderman Werderich asked for Administrator McLaughlin for input on this. Administrator McLaughlin stated that because it is the tax levy and a major thing it was thought to do a separate vote however it could be placed on the consent agenda. Page 9 of 10 Mayor Burd pointed out that the library levy is on the tax levy and done the correct way. She thanked Director Mika for her efforts. Alderman Spears asked if the library approved of what the city is doing. Administrator McLaughlin stated that it has been discussed with the library and they would like to get the full 1 .5 levy. He explained to them that based on the dollar increases in the assessed valuation around the city and the dollar amount that they have received in past years he did not feel it was financially prudent to continue to give the large increase. Also discussed was their overall budget and that the city believes there is more than enough dollars being levied to cover their operating and capital budget next year. Everyone feels confident that enough money will be levied to sufficiently operate the library for the next year. The proposed levy is a 10% increase over last year and to continue moving the library up at a . 15 level would take away resources from the Police Department, Public Works, Parks, etc. Alderman Munns clarified if the library budget was due in May and Administrator McLaughlin stated that it is approved May 1" of every year. Alderman Munns asked if the city levies this amount but wants to cut the budget would it have any effect. Administrator McLaughlin explained that there is an opportunity in the spring when the budgets are being done to adjust the tax levy before it is extended out in the tax bills. Alderman Munns asked if the library has to spend the entire amount levied and Administrator McLaughlin stated that once there is a levy and _ - - -budget-for-the library it is at the discretion_ofihe_Library Board on how it gets spent. Attorney Orr added that what ever dollars are collected in the library levy goes to the Library Board and the funds can be carried over. Alderman Leslie stated that it was a concern of the Library Board that they wouldn't be undercut. He noted that the city has the ability to increase the levy if they see fit. He stated he was comfortable with the levied amount knowing this along with the fact that the levy will cover their budget. Mayor Burd stated that the city needs to think of a more global budget; dollars are needed for other departments. She stated that they seem to be comfortable with what they are receiving or else they wouldn't have given out bonuses. Alderman Munns commented that he felt the bonuses could cause ill will amongst employees because it is not done citywide. Administrator McLaughlin stated he addressed this with department heads where he explained the law that it is at the Library Board discretion how to expend funds along. Also he noted that many of the city employees saw significant pay increases as a result of market conditions. He stated that the library employees have not seen a market rate adjustment. He has suggested to the library administrator she review where she is at in the marketplace and make a recommendation to the Library Board. Alderman Munns noted that many people working for private companies don't get bonuses and he was concerned with giving tax payer money for bonuses. There were no further comments or questions. This item was placed on the December 18, 2007 City Council consent agenda for approval. ADDITIONAL BUSINESS Route 126 Alderman Leslie expressed his enthusiasm tah Route 126 was opened however he had a concern with the dangerous location of a utility pole. He asked Chief Martin to look at the location. Chief Martin asked Mr. Wywrot to look into it and he stated he would look at it tomorrow and address it with IDOT. Page 10 of 10 Route 47 Widening Alderman Leslie stated that the reference to imminent domain with regards to the widening of Route 47 has been brought to his attention. He noted that the city has an ordinance in place and he asked that private citizens outside of the scope of the Route 47 project a comfort level that the city will hold to its policy. Mayor Hurd noted that the Route 47 project is under the jurisdiction of the state and the city has nothing to do with it. Alderman Sutcliff stated that she was told imminent domain is the last option the state uses to obtain property. Holiday Cookies Alderman Golinski reported that his wife baked cookies and they were available in the break room for a snack in between meetings. Tax Refund Alderman Spears asked for a status report on the tax levy refund. Mr. Olson reported that residents would be getting a letter December 31 , 2007 regarding the refund. The amount still had not been finalized however the refund will be on the January 2008 water billing. Liaison List Alderman Spears asked if there is a list of the appointed liaison and Administrator McLaughlin stated that staff was still waiting on the Economic Development Committee. Trust Fund for Senior Community Building Alderman Spears asked if the city could set up a trust fund or foundation for a senior community - -- buil ding_ -Attorney Orr stated that the city can_commence-the_work for a foundation but it needs to have separate funding. Alderman Spears asked if this item could be placed on the Administration Committee agenda for further discussion. There was no further additional business. The meeting was adjourned at 8:40 P.M. Minutes submitted by Jackie Milschewski, City Clerk 1UL ` o 0 0 . 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Cl' co co U M r r LO r r r r O U ff} E9 d-} 64 64 69 64 64 64 rfA r r cn w Gn Co 6) O 6) V M 1� N 6) 1` r O w (C) O O r O LO O N r CA M V ((7 V 1� O M r O O 4 1� J LL CO (C) 1� 0) 6) O O N CA 1� V (n J to CD O (6 W O r M N r U) O r r 64 r r r r O i C N O N N M V CO M M O 6) 00 W O CcC (� 00 M 00 00 (n M O O (O (O 00 Z m M m to (C) N 1l- M (fl Lll J O t` N N �- M O N t[) 6) 1� 6) (L = N Q 0D O r W r d) V N CA 00 r r� M o i i (o C N U,3 O �N O V) J CL J N H » 64 (» tr 64 69 (» Cl) �LL- JN (� OU ? } r Ow/ r O O O r O N 00 M Co O O 1� �- O m U W O O O M O M O r (f) O O 1� Q > cn Q 2 O O C; O O r) (O (6 N O C7 6 E9 6c) V) EA O I� d' LO a aaa w � w » F- Z O 000 IMM N CA N r' M N O O M O 0) r �- 1� M M I� (C) M (00 W O r) M t) CA w C) r J a0 O C6 1� r d^ M r (f) O r) V h M r N M (fl 6) O M (� N r r 1� r r r (f} r r N N W 613 64 69D (R ffl (H (f) 64 64 64 N N J Z > {Q- O w O z z O y v w w� w Z Q Z U W W Y Z Q m o z 0 0 � w ' ¢ w Q M W a U to �: 1 N 1 w :3 X I-1k CIT` Reviewed By: Agenda Item Number J� --a Legal ❑ }k '� Finance F1 ESI 1836 I� Engineer ❑ -< ��I n u, City Administrator ❑ Tracking Number NmmlOwnly V CE `�`,`�O Human Resourlces ❑ r C VVVV o 0 0 ' OD Public Works ❑ City Council Agenda Item Summary Memo Title: Resolution of Support for Fermilab City Council/Committee Agenda Date: City Council—January 8, 2008 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: 0 Cf Py Memorandum To: City Council EST. , `-: 1836 From: Bart Olson, Assistant City Administrator .4 ~- CC: Brendan McLaughlin, City Administrator p ® ® X� p Date: January 4, 2008 ¢ ee+ Cn y <GE `��? Subject: Resolution of support for Fermilab In late December, the Mayor received a letter from Mayor Tom Weisner of Aurora and Mayor Jeff Schielke of Batavia, asking for Yorkville's consideration of a resolution of support for Fermilab National Accelerator Laboratory. I have attached Mayor Weisner' s letter, which includes the reason for their request. In short, the Congress's budget includes a large cut in funding to Fermilab — a cut that will likely put Fermilab' s and the United States' High Energy Program's long term futures in doubt. Another effect of this cut in funding is that Fermilab will likely have to layoff some 200 workers. Included in the 200 figures could be any number of the 30 Yorkville citizens who are Fermilab employees. The resolution identifies the City Council' s support for Fermilab's mission and asks the Congress to pass a supplemental appropriation for Fermilab. a di x. City of Aundy J4f & Mayor's Office • 44 E. Downer Place Aurora, Illinois 60507-2067 • 844-3612 • FAX 892-8967 Thomas J. Weisner Mayor December 26, 2007 Dear Mayor or Village President; As Mayors of Aurora and Batavia, we are sending this letter to all Village Presidents and Mayors in our region who have citizens of their own communities identified as current employees at the Fermi National Accelerator Laboratory. As you have probably already learned, the budget approved last week by Congress dealt a severe blow to the High Energy Physics program of the Office of Science at the Department of Energy. Budget cuts applied to Fermilab have been especially drastic and include: 1 . The NOVA experiment, the anchor of Fennilab's future neutrino program and the mainstay of the laboratory after the current Tevatron shuts down in 2010, was approved for a construction start this year. The FY08 budget out funding for NOVA from $36 million to zero. 2. Other program cuts in the budget have similar impacts. Fermilab will attempt to maintain operations at the Tevatron accelerator. To do this, in addition to laying off some 200 employees, the laboratory will have to schedule unpaid furloughs for remaining employees in order to meet budget guidelines. Laying off staff, furloughing employees and the elimination of the scientific foundations of the laboratory's future will deal a crippling blow to both Fermilab and the US High Energy Physics program. Through this letter, we are asking that you offer a resolution or motion from the governmental entity that you head, which will illustrate local support for the Fermilab mission and request that a supplemental appropriation be passed returning Fermilab's funding to the level proposed in the President's 2008 budget. We would request that you forward news of your action to Senators Durbin and Obama, to your congressional representative and to the media. To aid in the language and factual construction of any resolution or support motion that your local government may approve, we are attaching some fact sheets provided by Fermilab, which outline the funding issues created by the budget passage. Thank you for your support of this matter. Should you have any questions or conunents please feel free to contact us: Mayor Weisner (630-844-3612); Mayor Schielke (630-879- 1424). Sincerely, p Thomas J. Weisner, Mayor Jeffebe. Mayor City of Aurora City of Batavia IF '?: printed on recycled paper FY 2008 Omnibus Funding Bill Impact on Fermilab The omnibus funding bill for FY2008 has devastating consequences for Fermilab, the nation's only high-energy physics research laboratory, 30 miles west of Chicago. It will require the laboratory to lay off some 200 employees from a work force of 1900 and to schedule furloughs without pay for remaining employees. • The omnibus bill cuts $34 million from Fermilab's FY07 funding level of $344 million, and $62 million from the President's FY08 Budget Request of$372 million. FY2006 DOE Funding $327M FY2007 DOE Funding $344M FY2008 President's Budget $372M FY2008 omnibus bill, $310M • The budget eliminates funding for the two programs most vitally linked to Fermilab's future after the 2010 shutdown of the Tevatron, currently the world's most powerful particle accelerator. The NOvA experiment, the anchor of Fermilab's future neutrino program and the mainstay of the laboratory after the Tevatron shuts down in 2010, was approved for a construction start this year. The FY08 budget would cut funding for NOvA from $36 million to zero. Funds for the ILC R&D and Superconducting Radiofrequency programs at Fermilab were cut from $47 million to $ 15 million, a $32 million reduction. Because the cuts come one quarter of the way through the fiscal year, the laboratory has already spent those funds, leaving the programs completely unfunded for FY08. • Fermilab will attempt to maintain operations at the Tevatron accelerator. To do this, in addition to laying off some 200 employees, the laboratory will have to schedule unpaid furloughs for remaining employees in order to meet budget guidelines. Laying off staff, furloughing employees and eliminating the scientific foundations of the laboratory's future will deal a crippling blow to Fermilab and to US High Energy Physics. This comes at a time when Fermilab scientists have the opportunity for landmark discoveries at the energy frontier—opportunities that will not be available again in the United States for many years to come. Page 1 of 2 Armbrust, Jeanette From: jds518 @aol.com Sent: Wednesday, December 19, 2007 10:45 PM To: Schielke, Jeffery Subject: Fwd: Fermilab employees -----Original Message----- From: Judy Jackson <jjackson @fnal.gov> To: Jeff Schielke <jds518 @aol.com> Sent: Wed, 19 Dec 2007 12:27 pm Subject: Fermilab employees Dear Jeff, Many thanks to you and Mayor Weisner for your efforts on Fermilab's behalf. Here are the numbers of Fermilab employees and where they live. This information is as of May 2006. Judy Aurora 340 Batavia 301 Naperville 203 St. Charles 114 Geneva 86 North Aurora 86 Warrenville 70 Wheaton 62 Montgomery 43 Elburn 42 Oswego 42 Chicago 41 Plainfield 34 West Chicago 34 Glen Ellyn 33 Sugar Grove 33 Yorkville 30 Sandwich 28 Joliet 18 Woodridge 18 Elgin 17 Oak Park 17 DeKalb 16 Bolingbrook 15 Downers Grove 15 Maple Park 15 Streamwood 14 Lombard 13 Plano 13 Sycamore 12 Big Rock 11 Lisle 11 Winfield 9 12/26/2007 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION OF SUPPORT FOR THE FERMILAB MISSION AND REQUEST FOR A SUPPLEMENTAL FUNDING APPROPRIATION WHEREAS, Fermilab National Accelerator Laboratory's mission is to advance the understanding of the fundamental nature of matter and energy by providing leadership and resources for qualified researchers to conduct basic research at the frontiers of high energy physics and related disciplines; and WHEREAS, research at Fermilab National Accelerator Laboratory has resulted in many breakthrough discoveries including the discoveries of the top quark and the bottom quark, the first direct evidence for the tau neutrino, and mapping the structure of protons and neutrons using neutrino beams; and WHEREAS, Fermilab National Accelerator Laboratory is the nation's only high-energy physics research laboratory, located 25 miles northeast of Yorkville; and WHEREAS, Fermilab National Accelerator Laboratory employs 30 citizens of the United City of Yorkville; and WHEREAS, the FY 2008 omnibus budget bill approved by the United States House of Representatives and being considered by the United States Senate cuts funding to Fermilab National Accelerator Laboratory, including cutting funding for the NOVA experiment from $36 million to zero; and WHEREAS, the NOVA experiment will be the anchor of Fermilab' s future neutrino experiment and the mainstay of the laboratory after the current Tevatron shuts down in 2010; and WHEREAS, additional cuts to Fermilab's funding will result in a layoff of an estimated 200 Fermilab employees; and WHEREAS, Fermilab's mission can not be successful in the future without adequate funding from the Federal Government; and Page 1 of 2 WHEREAS, the Mayor and City Council of the United City of Yorkville City Council deem it in the best interest of the Untied City of Yorkville to endorse and support Fermilab's mission and request for a supplemental funding appropriation; NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved by a majority of those Aldermen voting that the United City of Yorkville offers an endorsement of support for the Fermilab mission and request for a supplemental funding appropriation. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2008. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2008. ATTEST: CITY CLERK Page 2 of 2 Fermilab Resolution Comments Alderman Golinski - Practical benefits of Fermilab. - Not only does Fermilab provide a great service to this country in terms of science research, it also has an economic impact on the region. Last year Fermilab spent about $110 million dollars on goods and services. A good portion of that money is spent in Illinois and the Fox Valley Region, including Yorkville. - Technology developed for particle physics has real-life applications. This type of research has contributed to Computer-Aided Tomography (CAT Scan), Magnetic Resonance Imaging (MRI), Positron Emission Tomography (PET Scan), as well as using particle accelerators for the treatment of cancer. At Fermilab, over 3,000 cancer patients have been treated at the Neutron Therapy Facility since it opened in 1976. At the Loma Linda University Medical Center, over 100 cancer patients each day receive treatment from a synchrotron designed and built at Fermilab. - Particle physics is also responsible for the development of the World Wide Web. Believe it or not, it wasn't Al Gore. - Technology discovered at places like Fermilab help lay the foundation for whole new industries, like superconducting technology. Superconducting technology has applications in the fields of energy, transportation, medicine, the environment and electronics. - In short, discoveries at Fermilab, and institutions like it, have led to enormous benefits for society in terms of health, security and economic well-being. - In my opinion, it's a sad state of affairs when our country has so many billions of dollars to send overseas, but we don't have funding to support our own science programs here at home. C/p� Reviewed By: Agenda Item Number JZ r a 0-n Legal ❑ ' EST. lass Finance ❑ 1 Engineer ❑ Tracking Number ACity Administrator ❑ 9 (® Aso. O` Consultant ❑ wmmoon� ��'1 ❑ <k E V Agenda Item Summary Memo Title: Well No. 7 Repair Summary Meeting and Date: 1 C!� ' t�0.itu0u�1 gt 2ctg Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: FYI Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: C/Tye Memorandum To: Brendan McLaughlin, Administrator Esr , 1836 From: Eric Dhuse, Director of Public Works Zo L W CC: Mayor and Council, Department Heads p� Date: December 27, 2007 Subject: Well 7 repair summary Brendan, On July 30, 2007 our well number 7 in the Raintree subdivision quit working. After diagnosing the problem, we knew that it was beyond what we could do and called in Layne Western to do further investigation. It was found that the pump and motor assembly along with some of the column pipe had detached and fell to the bottom of the well. Lanye Western was then contracted to retrieve the broken assembly and return the well to working order. After the repairs were made, the assembly was being lowered into the well and the assembly broke free again in a different location. At this time, we still do not know why this happened. The pump and motor was again evaluated and the column pipe examined for flaws before being re-installed. The installation resumed and was completed on December 3`d. The city has since been testing and sampling the well to make sure that everything is correct before turning it back on to the system. We accomplished that task on December 26`h and everything is now back to normal. Below please find a chronological order of events detailing the written report. July 27 — well down July 30 — Layne Western on site August 15 — well shipped to Byron Jackson for examination October 10 — start re-installing well 7 components October 15 — Assembly falls to bottom again November 28 — installation resumes December 3 — installation completed December 26 well 7 turned back on to system Cost to date for Layne Western - $ 163, 123.31 Cost to date for Stellmach Electric - $6586.00 Total to date $ 169,709.31 We will have to have Stellmach Electric back one more time after the first of the year to install the transducer. This is the earliest his schedule would allow. If you have any questions, or need farther information, please let me know. C/py Reviewed By: Agenda Item Number J= F k Legal ❑ ` 'r 1 EST. , 7836 Finance ❑ Engineer zh tom, -�� g � � Tracking Number < y City Administrator ❑ 0 y1 Consultant ❑ ?\/ aOC)8— Ow <<E Agenda Item Summary Memo Title: Com Ed Utility Permit Request—Bristol Ridge Road Meeting and Date: Synopsis: Com Ed has requested permission to install an overhead pole line along Bristol Ridge Road between R04 and Kennedy Road. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None—for information only Council Action Requested: None Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: cll _ M p Memorandum Est 836 To: Brendan McLaughlin, City Admimstrator , O ® M W From: Joe Wywrot, City Engineer l�f 7 r p CC: Lisa Pickering, Deputy City Clerk J Date: December 21 , 2007 Subject: Com Ed Utility Permit Request — Bristol Ridge Road Attached find a permit request from Commonwealth Edison Company to install a new overhead pole line along the east side of Bristol Ridge Road from Route 34 to Kennedy Road. Currently there are no overhead lines along this section of Bristol Ridge Road. The purpose of the pole line is to distribute power back out into Yorkville and Oswego from the new Com Ed substation located in Bristol. A few years ago the City Council gave direction to eliminate overhead power lines in Yorkville where possible, therefore I called the Com Ed design engineer and asked if this line could be installed as an underground line. The response was that the Illinois Commerce Commission has required Com Ed to install all facilities in the most economical manner, and that overhead lines are less expensive than underground lines. If someone were to pay Com Ed the difference in cost, then they would be willing to construct underground lines. The difference in cost is probably one hundred thousand dollars or more. The Grande Reserve developer paid Com Ed to bury the existing power lines along their Route 34 frontage, so I called the developer to ask if they would be willing to pay to have this new line buried. They declined, stating that Route 34 is the main entrance to the development and that is why they wanted those lines buried. They also stated that they are also trying to minimize expenses at this time due to the downturn in the real estate market. The city has never budgeted funds to bury power lines, therefore I don't see any viable alternative to granting the Com Ed permit request. I suggest, however, that this item be placed before the Public Works Committee to make them aware of this particular project and to also discuss the previous direction given to bury power lines. Please place this item on the Public Works Committee agenda of January 3, 2008 for discussion. APPLICATION FOR PERMIT SKETCH SYMBOLS To: Eric Dhuse Date: 12/20/07 Director of Public Works W.O. # 06097196 d EXISTING POLE (0 INDICATES CUSTOMER OWNED POLE) 800 Game Farm Rd. P.L. # 471231 Yorkville, IL. 60560 EXP, DATE: PROPOSED POLE PERNUT # ❑ EXISTING POLE TO BE REPLACED Dear Sir: EXISTING POLE, JOINTLY OWNED, COMED I SBC Application is hereby made by ComEd for permission to perform work as specked PROPOSED POLE, JOINTLY OWNED, COMED I SBC below: SLASH ON POLE INDICATES FOREIGN CONTACT, I.E. STREETLIGHT, i CABLE TV, ETC. WORK LOCATION: Northeast side of Bristol Ridge Rd. between Kennedy Rd. — - - - — EXISTING OVERHEAD PRIMARY CIRCUIT (DASHES INDICATED # OF PHASES) and Rte. 34. — - - - — PROPOSED OVERHEAD PRIMARY CIRCUIT EXISTING POLE MOUNTED TRANSFORMER DESCRIPTION OF WORK: Install 20 new poles and 21 spans of 477kcmil bare aluminum primary wire. OA PROPOSED POLE MOUNTED TRANSFORMER 3 Q © POLE MOUNTED TRANFORMER TO BE REPLACED REASON FOR WORK: Increase electric capacity due to substantial growth of ® EXISTING CABLE TERMINAL POLE (DOWN FEED) residential communities in the area. i PROPOSED CABLE TERMINAL POLE (DOWN FEED) SKETCH SPACE: i EXISTING SERVICE DROP OR SECONDARY AERIAL CABLE —9 — PROPOSEDSERVICE DROP OR SECONDARY AERIAL CABLE See attached sketch EXISTING OPEN WIRE SERVICE DROP OR SECONDARY - - - — EXSTING UNDERGROUND PRIMARY CABLE (DASHES INDICATE PHASES) -+- - - - — PROPOSED UNDERGROUND PRIMARY CABLE PERMIT GRANTED ComEd Regional Engineering Dept, EXSTING UNDERGROUND SECONDARY OR SERVICE CABLE Signed: Engineer: Gary Engberg PROPOSED UNERGROUND SECONDARY OR SERVICE CABLE Date: Phone: 630-723-2304 Cell: 630.965-2916 I— EXISTING DOWN GUY AND ANCHOR gary.engberg @exeloncorp.Com PROPOSED DOWN GUYAND ANCHOR -�— Address: Gary Engberg FOREIGN (SBC/CABLE TV) ANCHOR AND DOWN GUY Regional Engineering COMED £ SBC OWNED ANCHOR AND DOWN GUY 2001 Aucutt Rd. Montgomery, lL. 60538 REMOVALSYMBOL i r 1 Y i r i � 4ac t -iz ' , 0., .� 4 i � E 1 130' pi #0 t; C � GOC' EOt tip 'f° L6 �r IZ, ts ro + Dta ` RO . rzn 4C{ Ehs"r 0 I %-ADi Gb BE 'As ' Ct ASS � uW� � Srs hs�Z �b t3Tt4 � Rt� � s � _ r 11t t2K�� ' gkt 1tk 'z*( Wf RE Tc. SE 471 I< C- Kt +^ 6PiR � #. c tse�tltJs3t� G' f 1p" W t "rK 1/0 $ F $ p4 %-isK11.Evtrt /, �- i -oy TiCVTR A� a F:: t CA LA ? y✓ t � o , 245 a ad o 194 i 'st ? EoE'' Eop It 1 ?S a Ex t srt + aG• TROD t-- CI osET"N pm4 C..44a12:, #� .LU `{ totzC ,� - -----" - - - '--" - Ek i S't` i Ali, C7 `�� (-t �,X27 �t i4. I N. A rf'`^( t.ta [ SSs t-•t 5 t !.% l� [ C. fl. °"E 'E�t3 i''rtic 45 i td� { �`3 3 rl le v. o A - mt mr 11 i$` p y 0 4rZIT 1LO �° W it f t clTy Reviewed By: Agenda Item Number J= T Legal En Finance ❑ EST. 1836 Engineer Tracking Number {O , y City Administrator ❑ e�p consultant El doe) - �M LE Agenda Item Summary Memo Title: Proposed Wetland Ordinance Meeting and Date: Luw,6� " Jam�,OXIA $ I abog Synopsis: The draft wetland ordinance has been reviewed by City Council and staff and revisions have been made. Recommendation is to adopt the ordinance as revised. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: `��D I u Memorandum ,2 tb 0 EST. 1836 To: Travis Miller, Community Development Director From: Laura Haake City Park Designer ' L 0 W CC: Joe Wywrot, City Engineer tk � Date: December 17, 2007 h�CE �. Subject: Wetland Ordinance Revisions The wetland ordinance has been reviewed and revised with the following changes. Section 2.1. Additions to the definitions: • Changed Administrator to Staff • Added Endangered Species • Added Ephemeral Wetland • Changed Forested Wetland to include the IDNR definition of a forest wetland, not just a list of woody plants • Added Hydric Soils • Added Open Space • Added Threatened and Endangered Species Section 3.1.1., 12.3., Added section on limestone paths stating that they do not require additional buffer yard as they are a pervious surface, but do require extra erosion prevention to protect the wetlands. Section 3.1.3., 1. The following species were added: • European or Common Buckthorn (Rhamnus cathartica.). • Canada Thistle (Cirsium arvenser). • Narrow-leaved cattail (Typha angustifolia). Sandbar willow (Salix interior). The list could potentially be expanded upon further but these plants were selected because they are also plants that tend to become aggressively invasive at stormwater management facilities. Section 3.1.1., 11. References for energy dissipation and erosion prevention were supplied from Joe Wywrot and added. Section 3.2.2., 1. The following text was added: The survey shall be completed by an individual or firm carrying the Certified Wetland Professional in training credentials or Certified Professional Wetland Scientist, or other qualified professional as approved in writing by the City Planner. Section 4.2.2., 3. & 4. The Mitigation as a fee-in-lieu payment option only had 1 .5 times the mitigation requirements for all sites, it was changed to read 1 .5 times for non-HQAR (high quality aquatic resources) sites, and 3.0 for HQAR sites. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2008- ORDINANCE AMENDING TITLE 8 OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Whereas, the United City of Yorkville (the "City) has determined that the protection, preservation, replacement, maintenance and restoration of the Isolated Waters of Yorkville are important goals needed to protect fragile resources which provide many public benefits to the City's residents; and Whereas, the City directed Conservation Design Forum to prepare Wetland Protection Regulations For Water Quality and Storm Water Management Benefits for review by the City Engineer and the City Council; and Whereas, after months of review, discussion and comment, the City is prepared to adopt and implement the Wetland Protection Regulations For Water Quality and Storm Water Management Benefits and all Appendixes attached thereto, dated January 1 , 2008 . Now therefore be it Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, as follows: Section 1 . The City Code of the United City of Yorkville is hereby amended in adding the following new Chapter to Title 8: Chapter 16 WETLAND PROTECTION AND WATER QUALITY AND STORM WATER MANAGEMENT BENEFITS 16- 1 - 1 : Purpose: Preservation of the remaining Isolated Waters of Yorkville and Waters of the United States, in a natural condition, is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents and therefore it is a long-term goal of net gain of Isolated Waters of Yorkville and Waters of the United States to be accomplished through the mitigation requirements of regulations providing for protection and management of these resources. 16-1-2: Regulations Adopted: The United City of Yorkville Wetland Protection Regulation For Water Quality and Storm Water Management Benefits, dated January 1 , 2008, hereinafter referred to as "Wetland Regulations", copies of which are on file with the City Clerk are hereby adopted. 16- 1-3 : Permit Required: No person, firm, corporation, governmental agency or organized district shall commence any development or construction on any lot or parcel of land without obtaining a permit therefore, if required by the Wetland Regulations. 16-1 -4: Enforcement: It shall be the duty of the City Administrator to enforce the provision of this title and the City Administrator or such other person as may be designated by the City Council may order work stopped whenever any development or construction is being done in violation of this title. Section 2. This Ordinance shall be in full force and effect after its passage, approval and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. ATTEST: CITY CLERK Prepared by: Kathleen Field Orr City Attorney United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FOR WATER QUALITY AND STORMWATER MANAGEMENT BENEFITS THE UNITED CITY OF YORKVILLE January 1 , 2008 TABLE OF CONTENTS Page No. Article 1 AUTHORITY AND PURPOSE Section 1 . 1 Statutory Authority....................... .... .................. .............................................. ... ..... l Section1 .2 Findings ...... ........................................................ ...................................................... 1 Section1 .3 Objectives................................................................................................................. 1 Article 2 DEFINITIONS Section 2. 1 Definition of Terms ................................................................ ................................ ..4 Article 3 WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS Section 3 . 1 General Standards ...................... ............................................................................ 10 Section 3 . 1 . 1 Buffer Requirements ............................................ .................................... ......... 10 Section 3 . 1 .2 Wetland Hydrology Protection ............................ ............................................. 12 Section 3 . 1 .3 Stormwater Management within Isolated Waters of Yorkville ........................ 12 Section 3 . 1 .4 Discharge to Isolated Waters of Yorkville or Waters of the U.S. ..................... 13 Section 3 . 1 .5 Protection of Isolated Waters of Yorkville During Development .................... 13 Section 3 . 1 .6 Maintenance of Stormwater Management Facilities......................................... 13 Section 3 .2 Wetland Permit Provisions ..................................................................................... 14 Section3 .2. 1 Applicability ............................................................................................................... 14 Section 3 .2.2 Wetland Determination Requirement...................................................................... 14 Section 3 .2.3 Pre-Submittal Meeting .............................................................................................. 14 Section 3 .2.4 Wetland Permit Submittal Requirements ............................................................... 14 Section 3 .2.5 Requirements for Wetland Delineation................................................................... 16 Section 3 .2.6 Wetland Permit Conditions .......................................................................................... 17 Article 4 WETLAND IMPACTS AND MITIGATION REQUIREMENTS Section 4. 1 Unmitigable Wetland Impacts................................................................................ 19 Section 4.2 Wetland Mitigation Requirements ......................................................................... 19 Section 4.2. 1 General Mitigation Requirements .......................................................................... 19 Section 4.2.2 Mitigation Hierarchy ..............................................................................................20 Section 4.3 Wetland Mitigation Plan ........................................................................................21 Section 4.4 Wetland Mitigation Monitoring Protocol...............................................................22 Section 4.5 Wetland Mitigation Performance Standards ..........................................................23 Section 4.6 Post Construction Submittal Requirements............................................................24 Section 4.7 Mitigation Requirements for Non-performing Wetlands .......................................25 Article 5 LONG-TERM MAINTENANCE PROVISIONS Section 5. 1 Long-term Maintenance .........................................................................................28 Section 5.2 Transfer to City or Other Public Entity ..................................................................28 Section 5.3 Transfer to Homeowner's or Similar Association..................................................28 Section 5.4 Conveyance to a Person or Entity Specializing in Conservation ...........................29 Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit ..... ........... ..............29 Article 6 FEES, ENFORCEMENT AND PENALITIES Section 6. 1 Fees and Application Review Times ......................................................................31 Section 6.2 Enforcement ........................................................................... . ...............................31 Section 6.3 Penalties and Legal Actions ............................................................................ .......31 Article 7 GENERAL PROVISIONS Section 7. 1 Scope of Regulation ...............................................................................................34 Section7.2 Exemptions................................................... ................................ ..........................34 Section7.3 Severability............................................................................. ..... ....... ....................34 Section 7.4 Abrogation and Greater Restrictions ...................................... ........ ........................34 Section 7.5 Effective Date.................................................................. .......................................34 Article 8 VARIANCES AND APPEALS Section8. 1 Variances ................................................................................................................36 Section 8.2 Variance Conditions ...............................................................................................36 Section8.3 Appeal s................................................................................... ................................37 Article 9 ADMINISTRATION Section 9. 1 Responsibility for Administration ................................................................... .......39 Section 9.2 Representative Capacity .........................................................................................39 Section 9.3 Service of Notice ....................................................................................................39 Article 10 PERFORMANCE SECURITY Section 10. 1 General Security Requirements .............................................. ................................41 Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security ........................41 Section 10.3 Performance Security ......................................................... ....................................42 Article 11 FEE-IN-LIEU OF WETLAND MITIGATION Section 11 . 1 Fee-in-lieu of Wetland Mitigation..........................................................................44 Section 11 .2 Procedures and Use of Funds .................................................................................44 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST APPENDIX C WETLAND MITIGATION PLAN CHECKLIST Article 1 Authority and Purpose UNITED CITY OF `t'ORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 1.1 Statutory Authority These regulations are enacted pursuant to the police powers granted to this City by The Illinois Municipal Code. Section 1.2 Findings The United City of Yorkville finds that Isolated Waters of Yorkville and Waters of the U.S. for the Fox River, Aux Sable, Blackberry Creek, and Rob Roy watersheds including their tributaries, are indispensable and fragile resources that provide many public benefits including maintenance of surface and groundwater quality through nutrient cycling and sediment trapping as well as flood and storm water runoff control through temporary water storage, slow release, and groundwater recharge. In addition, Isolated Waters of Yorkville provide open space; passive outdoor recreation opportunities; fish and wildlife habitat for many forms of wildlife including migratory waterfowl, and rare, threatened or endangered wildlife and plant species; and pollution treatment via biological and chemical oxidation processes. Preservation of the remaining Isolated Waters of Yorkville and Waters of the U.S. in a natural condition shall be and is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents of the United City of Yorkville, and therefore the City Council declares a policy of no net loss of Isolated Waters of Yorkville and Waters of the U.S. Furthermore the City Council declares a long-term goal of net gain of Isolated Waters of Yorkville and Waters of the U.S. to be accomplished through mitigation these regulations. Section 1.3 Objectives The principal objective of these regulations is the protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stability of the Isolated Waters of Yorkville in order to prevent their pollution or contamination; minimize their disturbance, and prevent damage from erosion, siltation, and flooding. Other objectives of these regulations include: • Preserve and enhance the natural hydrologic and hydraulic functions and natural characteristics of watercourses and wetlands to protect water quality, aquatic habitats, provide recreational and aesthetic benefits, and enhance community and economic development. • Maintain and enhance the special aquatic resources of the City. • Protect environmentally sensitive areas from deterioration or destruction by private and public actions. • Protect and improve surface water quality and promote best management practices of surface water runoff prior to entering lakes, ponds, wetlands, streams, and rivers. • Require planning for development to carry out water resource management including the protection of natural areas such as remnant woodland and prairie habitats, wetlands, waterways, steep topography, and highly erodible soils, in order to reduce potential impacts, or creation of unstable conditions that may promote erosion and degradation of ground and surface water quality. • Coordination of and support for the enforcement of applicable federal, state, and county statutes, ordinances, and regulations pertaining to Waters of the U.S., floodplain regulations, and soil erosion and sediment control. • Establishment of standards and procedures for the review and regulation of the use of Isolated Waters of Yorkville. • A procedure for appealing decisions. Article 1 I UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Article 1 2 Article 2 Definitions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 2.1 Definition of Terms Terms not specifically defined shall have the meaning customarily assigned to them. Agricultural land is land predominantly used for agricultural purposes. Applicant is any person, firm, or governmental agency who submits an application for a permit under these regulations and shall be responsible for meeting and complying with all conditions and standards of these regulations. BMP or best management practices is a measure used to control the adverse stormwater related effects of development, and includes structural devices (e.g., swales, filter strips, infiltration trenches, level spreaders, and site runoff storage basins designed to remove pollutants), reduce runoff rates and volumes, and protect aquatic habitats. In addition, nonstructural approaches used to prevent contamination of runoff include planning and design practices that reduce impervious areas, provide comprehensive site planning, and implement buffer zones, setback requirements, easements, and critical areas. Other nonstructural approaches include public education and maintenance programs. Buffer is an area of predominantly vegetated land adjacent to Isolated Waters of Yorkville and Waters of the U.S. that are to be left as open space for the purpose of providing stabilization, reduction of contaminants, and eliminate or minimize impacts to such areas. For all new development, buffer areas shall consist of deep-rooted native vegetation unless otherwise approved by the Staff. Category I wetland impact means wetland impacts to Isolated Waters of Yorkville that are less than or equal to one (1) acre and does not impact high quality aquatic resources. Category II wetland impact means wetland impacts to Isolated Waters of Yorkville that are greater than one (1) acre and does not impact high quality aquatic resources. Category III wetland impact means wetland impacts to roadside drainage ditches or manmade stormwater management facilities that meet the definition of Isolated Waters of Yorkville. Category IV wetland impact means wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville provided that there are net gains in aquatic resource function. Category V wetland impact means wetland impacts to high quality aquatic resources as defined in these regulations. Category VI wetland impact means wetland impacts to farmed wetland. Channel is any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway that has a definite bed and bank or shoreline, in or into which surface, groundwater, effluent, or industrial discharges flow either perennially or intermittently. Channel modification is alteration of a channel by changing the physical dimensions or materials of its bed or banks, and includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation, but does not include the clearing of debris or removal of trash or dredging to previously documented thalweg elevations and sideslopes. City is the United City of Yorkville. Developer is a person, firm, or institution who creates or causes a development. The developer of any said development that is under the these regulations shall be responsible for meeting and complying with all conditions and standards of these regulations. Article 2 4 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Development is any manmade change to the land and includes — A. the construction, reconstruction, repair, or replacement of a building or any addition to a building; B. the installation of utilities, construction of roads, bridges or similar projects; C. the construction or erection of levees, walls, fences, dams, or culverts; D. drilling or mining activities; E. the clearing of land as an adjunct of construction; F. channel modifications, filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; G. any direct or indirect wetland impacts including the removal of vegetation to the extent such that the wetland would no longer meet the criteria of supporting a dominance of hydrophytic vegetation as defined in the 1987 Wetlands Delineation Manual except that which would be considered appropriate for management purposes; H. any other activity of man that might change the direction, height, or velocity of flood or surface water, including the extensive removal of vegetation; I. the storage of materials and the deposit of solid or liquid waste; and J. the installation of a manufactured home on a site, the preparation of a site for a manufactured home, or the installation of a recreational vehicle on a site for more than 180 days. Development does not include maintenance of existing buildings and facilities such as resurfacing of roadways when the road elevation is not significantly increased or gardening, plowing, and similar agriculture practices that do not involve filling, grading, or construction of levees. Nor does development include agricultural uses, maintenance of existing drainage systems for the limited purpose of maintaining cultivated areas and crop production or for any agricultural uses or improvements undertaken pursuant to a written NRCS conservation plan. Ecological restoration is the re-establishment of a natural area or plant community via associated management practices such as prescribed bums, weed control, selective clearing, reintroduction of native plant species, etc. Endangered species See Threatened and Endangered species. Ephemeral stream is a stream whose bed elevation does not intersect with the groundwater table and carries flow only during and immediately after a runoff producing rainfall event. Ephemeral wetland is a temporary wetland or shallow mudflat that supports a unique ecosystem. This also includes temporary and intermittent wetlands. Erosion is the process whereby soil is removed by flowing water, wave action, or wind. Farmed wetland means wetlands that are identified by the NRCS in a Certified Wetland Determination as currently farmed, or have been farmed within 5 years previous to the permit application date, as defined in 7 CFR Part 12 (61 FR 47025). Fen is a wetland community that occurs in areas where glacial formations are such that carbonate-rich ground water discharges at a constant rate along the slopes of kames, eskers, moraines, river bluffs, dunes, or in flats associated with these formations. Article 2 5 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Floristic inventory is a record of all existing vegetation within a defined project area. This includes all woody (trees and shrubs) as well as herbaceous plants, i.e., wildflowers and grasses. Floristic Quality Assessment (FQA) refers to a method of assessing landscapes based upon the existing vegetation. A useful method for determining the floristic quality of an area is through an analysis of the conservatism and diversity of species appearing in a plant inventory. Refer to floristic quality index and Mean C for further definition of terms. Floristic Quality Index (FQI) is a statistic derived by multiplying Mean C by the square root of the number of species inventoried. This parameter is correlated to the diversity and conservatism of native plant species present within a plant community as defined in Plants of the Chicago Region, 4" Ed. (Swink and Wilhelm, 1994). Forested wetland is an area dominated by wetland plants that have a predominance of woody vegetation with periodic flooding. Two types of forested wetlands exist as defined by the Illinois Department of Natural Resources. The most common are areas adjacent to rivers and swamps with silver maple, sycamore, and cottonwood as predominant species and rotting logs littering the forest floor. Drier forested wetlands experience occasional flooding with oaks, elms and hickory as predominant species with a variety of annual and perennial plants that cover the forest floor. Functional assessment is an assessment of a wetland's flood storage, water quality, wildlife habitat, and other beneficial functions. Groundwater is that water that is located within soil or rock below the surface of the earth. High Quality Aquatic Resources (HQAR) means aquatic areas considered to be regionally critical due to their uniqueness, scarcity, and/or value, and other wetlands considered to perform functions important to the public interest, as defined in 33 CFR Part 320.4(b) (2). These resources include ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streams rated Class A or B in the Illinois Biological Stream Characterization study, streamside marshes, wet prairies, wetlands that support Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater. Hydric Soils are formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper horizon of the soil. Hydrology is the science of the behavior of water that includes its dynamics, composition, and distribution in the atmosphere, on the surface of the earth, and underground. Hydrologically disturbed is an area where the land surface has been cleared, grubbed, compacted, or otherwise modified to alter stormwater runoff, volumes, rates, flow direction, or inundation duration. Index of Biotic Integrity JBI) is a biological stream characterization rating system that assesses the quality of a stream from the sum of 12 metrics based on fish population composition, quality, and abundance. The IBI value can range from 12 to 60 (low to high rating). Isolated Waters of Yorkville means all wetlands; waterbodies such as ponds, lakes, streams, - including ephemeral and intermittent streams, and roadside ditches (that meet the criteria of wetland habitat as defined in the USACE 1987 Wetlands Delineation Manual and with a drainage area greater than 20-acres); farmed wetlands; and detention basins (that meet the criteria of wetland habitat); and are not under U.S. Army Corps of Engineers jurisdiction and are located within the limits of the United City of Yorkville or with any area under consideration for annexation into the United City of Yorkville. A. The limits of Isolated Waters of Yorkville extend to the ordinary high water mark or the delineated wetland boundary. Article 2 6 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS B. Compensatory wetland mitigation created to meet these regulations or Section 404 of the Clean Water Act is not excluded. Intermittent stream is a stream whose bed intersects the groundwater table for only a portion of the year on average or any stream that flows continuously for at least one month out of the year, but not the entire year. Lake is a body of water two or more acres in size that retains water throughout the year. Linear Waters of the U.S. means wetlands along creeks, streams, rivers, ponds, lakes, or impoundments that are hydraulically connected to jurisdictional Waters of the U.S. Mean C is the average coefficient of conservatism for a site. The concept of "conservatism" refers to the fundamental character of native plant species to display varying degrees of tolerance to disturbance, as well as varying degrees of fidelity to specific habitat integrity. As a result, each native species can be assigned a coefficient of conservatism (C value) ranging from 0 to 10, "weedy to conservative," reflecting its disposition within a defined geographic region. Mitigation is the measures that are taken to eliminate or minimize negative direct or indirect impacts caused from development activities, such as impact to Isolated Waters of Yorkville, by replacement of the resource. Native Mean Wetness is the wetness value (W) designated to each species. This value defines the estimated probability of each species occurring in a wetland. Plants are designated as Obligate Wetland (0131,=-5), Facultative Wetland (FACW=-3), Facultative (FAC=O), Facultative Upland (FACU=3), and Obligate Upland (UPL=5). Natural area is a landscape with a sufficient level of intact habitat structure and plant species composition to resemble a pre-settlement landscape, e.g., prairie, oak savanna, and other landscapes native to Kendall County. MRCS is the United States Department of Agriculture, Natural Resources Conservation Service. Open Space refers to undeveloped land that is protected from development by legislation or land that is to remain undeveloped for preservation purposes. Pond is a body of water less than two acres in size that retains a normal water level year-round. Qualified professional is a person trained in one or more of the disciplines of biology, geology, soil science, engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream, lake, pond, and wetland conditions and impacts. Relative Importance Value (RIV). The RIV for each species is calculated by summing relative frequency and relative cover and dividing by 2. The RIV is calculated from data collected during the transect inventory. Roadside ditches are drainage ditches created for the purpose of providing roadway drainage. Runoff is the water derived from melting snow or rain falling within a tributary drainage basin that exceeds the infiltration capacity of the soils for that basin. Seep is a wetland, herbaceous or wooded, with saturated soil or inundation resulting from the diffuse flow of groundwater to the surface stratum. Site is all of the land contemplated to be part of a coordinated development of one or more parcels. Staff is the person designated by the City Administrator of the United City of Yorkville to administer and enforce these regulations. Threatened and endangered species for Kendall County as defined in the Illinois Natural Heritage Database. Article 2 7 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS USACE is the United States Army Corps of Engineers. Valid wetland delineation means anon-site wetland delineation that is conducted in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual within three years of the initial permit application date. Watershed is the land area above a given point that contributes stormwater to that point. Waters of the U.S. is a term that refers to those water bodies and wetland areas that are under the U.S. Army Corps of Engineers jurisdiction. Wetland is land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1) hydrology, 2) soils, and 3) vegetation as mandated by the USACE 1987 Wetlands Delineation Manual methodology. Wetland impact is the direct or indirect loss of Isolated Waters of Yorkville that results from implementation of a proposed activity. This includes Isolated Waters of Yorkville that are adversely affected by flooding, excavation, dredging, fill, drainage, hydrological disturbance, vegetation removal (other than for maintenance or restoration purposes), that results from implementation of a development activity or dumping, or non- permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville. Article 2 8 Article 3 Wetland Protection Standards and Permit Provisions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS Section 3.1 General Standards These regulations are for the region of the United City of Yorkville and based on the ecological characteristics of this region. Section 3.1.1 Buffer Requirements 1 . Buffer areas shall be required for all areas defined as either Isolated Waters of Yorkville or Waters of the U.S. except for areas that meet a Category III definition. Isolated Waters of Yorkville are under the jurisdictional authority of the United City of Yorkville and these regulations and are defined in Section 2. 1 of these regulations. Waters of the U.S. as defined in Section 2. 1 of these regulations refers to areas that are under the jurisdictional authority and regulated by the United States Army Corps of Engineers (USACE). 2. Buffer areas are divided into two types, linear buffers and water body buffers. The following buffer requirements shall be met for all proposed development projects and provided for all wetlands except for areas meeting the definition of a Category III wetland (roadside ditches and manmade stormwater management facility, refer to Section 2. 1). For areas under the jurisdiction of the USACE, the most stringent buffer requirements shall apply. 1) Linear buffers shall be designated along both sides of the channel. The buffer width shall be determined as follows: a. All channels except those determined to be High Quality Aquatic Resource (HQAR) shall be provided a minimum buffer of 30 feet. Also, five (5) additional feet of buffer shall be provided for each percent of buffer slope towards the channel that is greater than 10% up to a maximum of a 100-foot buffer. For example, a 30-foot buffer with a 20% slope will require an additional 50 feet of buffer for a total buffer width of 80 feet. The buffer slope shall be calculated as the average slope from the landward edge of the buffer to the top of bank of the channel or highest point in elevation immediately adjacent to the "waters", be it natural or artificial. b. Streams rated Class A or B in the Illinois Biological Stream Characterization study or with an Index of Biotic Integrity (IBI) greater than 40 shall have a minimum buffer width of 100 feet on each side of the channel. (Initial IBI based on IEPA Illinois Water Quality Report. A site-specific IBI assessment may override this report). c. For streambank stabilization projects, those projects that involve a change in land use shall apply the minimum 30 foot buffer and up to a maximum of 100 foot buffer criteria. If the project does not involve a change in land use, then a 10 foot buffer shall be required adjacent to all streambank stabilization work. 2) Buffers shall encompass all wetlands greater than %4 acre and determined not to be a high quality aquatic resource (HQAR). The buffer width shall be determined as follows: a. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic quality values of native Mean C < 2.8 and/or native FQI < 20, and determined not to be a HQAR, a minimum buffer width of 30 feet shall be established. Also, five (5) additional feet of buffer shall be required for each percent of buffer slope towards the wetland that is greater than 10% up to a maximum of a 100 foot buffer. b. For all wetlands with a total surface area greater than one quarter (1/4) acre with floristic quality values of native Mean C ? 2.8 and native FQI ? 20, and determined not to be a HQAR, a minimum buffer width of 50 feet shall be established. Also, five (5) additional feet of buffer shall be required for each percent of buffer slope towards the wetland that is Article 3 10 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS greater than 10% up to a maximum of a 100 foot buffer. (Refer to Section 3. 1 . 1 2(1)a for example of calculating additional buffer based on average slope towards the wetland) c. For all wetlands regardless of size that meet the definition of a HQAR (ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streamside marshes, wet prairies, wetlands supporting Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater), shall have a minimum buffer width of 100 feet. 3. Buffer areas for all linear Isolated Waters of Yorkville or Waters of the U.S., shall extend from the top of bank. The buffer area for non-linear Isolated Waters of Yorkville or Waters of the U.S., except wetlands, shall extend from waters edge at normal water level. The buffer area for wetlands shall extend from the edge of the approved delineated wetland boundary. A site may contain buffer that originates from Isolated Waters of Yorkville or Waters of the U.S. on another property. 4. Buffer averaging shall be permitted, at the discretion of the Staff, but at no time shall the buffer width at any given point be less than 50% of the required width, and provided that the total buffer area required is achieved. A reduction of buffer width shall not occur for any portion where the adjacent landscape has a slope towards the wetland, equal to or greater than 3 : 1 ; except if an existing barrier, e.g. earthen berm, is in place that slows and/or contains the surface water runoff toward the wetland. In such case, the existing barrier shall remain in place and be incorporated into the design. The barrier shall be maintained as part of the required buffer area. 5. The requirement of buffers is strictly for preservation measures of wetlands and shall not constitute enhancement measures of existing wetlands for any mitigation requirements of said development. 6. Buffers shall be established using appropriate deep-rooted vegetation, protected from direct and indirect disturbance, and shall be appropriately managed and maintained according to an approved plan as provided under Section 3.2.4. Buffers shall typically consist of native vegetation unless otherwise approved by Staff. 7. If a buffer area is disturbed by permitted activities during construction, the buffer area shall be stabilized following the provisions of the United City of Yorkville's Soil Erosion and Sediment Control Ordinance and planted with appropriate vegetation as stated above. 8. Access through buffer areas shall be provided, when necessary, for maintenance purposes. Unless otherwise dedicated for a public purpose or to a public entity, buffer areas shall remain private property and shall not be generally accessible for the public. 9. Preservation of buffer areas shall be provided by deed or plat restrictions. Only public or quasi-public property, e.g. municipal, common Homeowners Association (HOA) lot lines shall be allowed within the limits of the buffer areas. 10. Features of a stormwater management system approved by Staff may be allowed within the buffer area provided it is a naturalized detention basin that consists of a natural design shape as well as native plant communities, or other naturalized stormwater management feature and provided there is no direct discharge to the wetland habitat. A stormwater management feature shall be located, at a minimum, fifteen (15) feet from the edge of wetland, or top of bank for linear buffers. Discharge from the stormwater management feature shall be directed to the outside edge of the required buffer width to allow the full width of the buffer to be used for energy dissipation and water quality protection. Staff shall review and approve, as appropriate, well-designed stormwater management systems within the buffer area on a project by project basis. 11 . Stormwater discharges that enter a buffer shall have appropriate energy dissipation measures to prevent erosion and scour. These can include, but are not limited to; level spreaders, riprap, drop catch basins (plunge pools), or other measures as deemed appropriate by Staff. Article 3 11 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS 12. All buffer areas shall be maintained free from development including disturbance of soil, dumping or filling, erection of structures, and placement of impervious surfaces except as follows: 1) A buffer area may be used for passive recreation (e.g., bird watching, walking, jogging, bicycling, and picnicking) and it may contain pedestrian or bicycle trails, provided that the created path is no wider than ten (10) feet. Paths or trails, excluding a mowed grass path, shall be located, at a minimum, fifteen (15) feet from the edge of wetland or stream. If the path leads to a wetland, it must be designed to prevent erosion. 2) Paved surfaces including trails may not occupy more than 15% of the total width of the required buffer. If a paved path or trail width is greater than 15% of the buffer width, then the path width shall be added to the overall buffer width. (For example, an eight (8) foot paved trail is being installed within a 30-foot buffer. The paved trail width is greater than 15% of the buffer width (approximately 27%). Therefore, an additional eight (8) feet — the width of the path — shall be added to the overall required buffer width for a total buffer width of 38 feet). Where grass "mow strips" are desired adjacent to paths they shall be no wider than two (2) feet on each side of the path. An eight (8) foot high clearance zone must be provided, no plant material can overhang the path within this area. 3) Limestone paths, as pervious surfacing, do not require additional buffer width but still require a two (2) foot clear zone on each side of the path. Limestone paths cannot be located near a habitat that can be affected by a potential change in soil pH. The path shall not erode into the natural area. Special precautions to eliminate this may require subdrainage, edging, compaction, etc. 4) Utility maintenance and maintenance of drainage facilities and drainage easements shall be allowed provided the maintenance activity meets all other federal, state, and local regulations. Section 3.1.2 Wetland Hydrology Protection 1 . Any development that may reasonably be expected to impact the recharge zone of a fen, seep, or other groundwater-driven wetland with vegetation characteristic of these habitats requires a higher level of protection. Due to the uniqueness and fragility of these habitats, the developer of any proposed development within potential recharge zones shall to the extent possible identify, maintain, and protect said recharge zones. Staff shall evaluate and determine if additional documentation is required on a case by case basis. Section 3.1.3 Stormwater Management within Isolated Waters of Yorkville 1 . Stormwater management facilities shall only be allowed in areas that meet the definition of farmed wetlands or Isolated Waters of Yorkville that contain at a minimum, vegetative cover of ? 75% of one or more of the following species. • Reed Canary Grass (Phalaris arundinacea). • Purple Loosestrife (Lythrum salicaria). • Common Reed (Phragmites australis). • European or Common Buckthorn (Rhamnus cathartica.). • Canada Thistle (Cirsium arvenser). • Narrow-leaved cattail (Typha angustifolia). • Sandbar willow (Salix interior). 1 ) The stormwater management facility shall be designed as a naturalized wetland basin that contains native vegetation communities and does not exceed a 4-foot bounce for the 100-year, 24-hour storm event. Mitigation credit for designed permanent open water area(s) shall not be granted for more than 20% of the overall required mitigation acreage. At the discretion of Staff, however, greater than 20% up to a maximum 50% mitigation credit for open water may be Article 3 12 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS applied for mitigation designs that create interspersion of open water with emergent wetland habitat. The area of the basin as measured between the contours corresponding to one (1 ) foot above NWL and two (2) feet below NWL shall be at least equal to the remaining impacted wetland acreage. The designed naturalized basin shall demonstrate an overall environmental improvement. 2) A naturalized buffer that contains appropriate native vegetation shall be provided, at a minimum, up to the High Water Level (HWL). 3) A three (3) year management and monitoring plan shall be provided for the naturalized stormwater management facility. The management/monitoring plan shall include performance standards, which identify percent of seeded/planted species to be alive and apparent; vegetative cover of native , non-weedy species; and floristic quality for each monitoring year, monitoring methods, prescribed maintenance activities for the 3-year period, and long-term management provisions. 2. Staff may waive mitigation requirements for wetland impacts from the development of stormwater management facilities within wetland habitat if the designed naturalized wetland basin meets the above criteria. If the proposed stormwater management facility does not meet the above criteria, the mitigation requirements of Article 4 of these regulations shall apply. Section 3.1.4 Discharge to Isolated Waters of Yorkville or Waters of the U.S. I . There shall be no direct discharge of stormwater runoff to Isolated Waters of Yorkville or Waters of the U.S. without pre-treatment. Accepted methods of pre-treatment include, but are not limited to created wetland detention basins, naturalized swales, biofiltration practices, and other measures that filter and/or detain runoff. It must be demonstrated that the proposed pre-treatment measure will remove a minimum of 80% total suspended solids (TSS) and prevent increases in water level fluctuations up to and including the 2-year event within the wetland. All discharges shall be to the wetland buffer. Pre-treatment measures may be located within the buffer with approval from the Staff. Appropriate energy dissipation measures, such as level spreaders, shall be provided to prevent erosion and scour. Section 3.1.5 Protection of Isolated Waters of Yorkville During Development 1 . All Isolated Waters of Yorkville designated for preservation shall be protected during development such that a FQI calculated two years after the commencement of development shall not be more than five (5) points less than the originally calculated FQI. The re-evaluation of all preserved wetlands shall be completed during a similar stage of the growing season as was conducted for the original assessment (f30 days). If final build out of all lots contiguous to Isolated Waters of Yorkville has not occurred, the re- evaluation of all preserved wetlands shall be repeated each year until completion of development. If there is a decrease in the FQI value for two consecutive years, and/or a > 5 point drop in the FQI value from the original value, a wetland impact to Isolated Waters of Yorkville shall be assumed, and the mitigation requirements of Article 4 of these regulations shall apply. 2. The initial re-evaluation data shall be submitted to Staff during the second year after commencement of the development. All subsequent re-evaluation data shall be provided to Staff on an annual basis until final build out of the development has occurred. Section 3.1.6 Maintenance of Stormwater Management Facilities Dredging of stormwater management facilities that meet the definition of Isolated Waters of Yorkville for the purpose of periodic maintenance shall be allowed without the issuance of a Wetland Protection Permit given that the dredging activity will only re-establish the original design depths and measures shall be taken to preserve any wetland fringe and/or buffer (if applicable). If any disturbance to the wetland fringe is unavoidable, then the wetland fringe shall be restored with appropriate native vegetation. Dredging frequency Article 3 13 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS shall allow the habitat to be re-established. All applicable federal, state, and other local regulations and ordinances shall be met, and Staff shall approve maintenance activities prior to commencement of the activity. All spoils must be properly disposed of whether off site or on site. Section 3.2 Wetland Permit Provisions Section 3.2.1 Applicability 1 . No person, firm, corporation, governmental agency, or organized district shall commence any development regulated by the City on any lot or parcel of land without first submittal of applicable items presented in 3 .2.2 and 3.2.4 and receipt of applicable permit. 2. No lot lines shall occur in created, restored, enhanced, or preserved Isolated Waters of Yorkville or Waters of the U.S. and their associated buffer areas. Section 3.2.2 Wetland Determination Requirements 1 . Development projects near water courses, depressional areas, wetlands or Waters of the U.S. identified on National Wetlands Inventory (NWI) map, Natural Resource Conservation Service wetland map, or as requested by the City shall provide a letter of findings from a qualified professional that identifies all Isolated Waters of Yorkville, Waters of the U.S., and natural areas on or within 100 feet of the project site. Identification of each of these areas shall include a floristic inventory and floristic quality assessment (FQA) data. Offsite wetlands or Waters of the U.S., within 100 feet of project site shall be assessed for vegetative quality and size to the extent feasible. If applicant demonstrates that access to offsite property was not obtainable, the Staff may waive the requirement for surveying of offsite wetland boundaries. If no wetlands are identified within the limits of the site or within 100 feet of the site, then a wetland determination letter of findings shall be submitted that contains a brief description of the plant communities present on site and a copy of the Natural Resources Information (NRI) Report prepared by the County Soil and Water Conservation District for the site. If Isolated Waters of Yorkville or Waters of the U.S. are identified within the limits of the site or within 100 feet of the site, a Wetland Permit Submittal following Section 3 .2.4 shall be required. The survey shall be completed by an individual or firm carrying the Certified Wetland Professional in training credentials or Certified Professional Wetland Scientist, or other qualified professional as approved in writing by the City Planner. Section 3.2.3 Pre-Submittal Meeting 1. It is recommended that the applicant schedule a pre-submittal meeting with Staff to review the proposed project, discuss submittal requirements and questions the applicant may have. 2. If the proposed development contains a HQAR, a pre-submittal meeting with Staff is mandatory. Section 3.2.4 Wetland Permit Submittal Requirements Appendix A contains the Wetland Permit Application and Permit Submittal Flowchart. Appendix B contains the Wetland Permit Submittal Checklist for use with the permit submittal requirements. With the filing of a Wetland Permit Application, the applicant and owner (if not the applicant) grants permission to Staff and his/her designees to access said property to assess site conditions for the review and assessment of the wetland permit submittal. The Wetland Permit Submittal shall provide the following: 1 . A wetland delineation report as specified in Section 3.2.5. 2. A narrative report and Site Plan that demonstrates compliance with the provisions of Sections 3. 1 . 1 through 3. 1 .5 of these regulations and specifies prescribed management activities, long-term management provisions and funding mechanism, and the long-term responsible party as presented in Article 5 of these regulations for the buffer area(s). Article 3 14 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS 3 . USACE statement of jurisdictional determination that identifies Waters of the U.S. and Isolated Waters of Yorkville for all wetlands on the development site. A copy of the letter shall be provided to Staff. 4. For proposed impacts only to Waters of the U.S. the following requirements shall be followed: 1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations. 2) Provide a copy of the USACE permit submittal for the proposed development or a letter from the USACE that states the proposed development does not require USACE authorization. Upon receipt of any USACE, Illinois Environmental Protection Agency (IEPA), and/or Illinois Department of Natural Resources Office of Water Resources (OWR) authorizations, the applicant shall provide a copy(s) to Staff. 3) All wetland impacts that occur in the City's jurisdiction shall be mitigated for within the same watershed as the impact(s) at the mitigation ratio specified by the USACE for that development impact. 4) Provide a Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's Soil Erosion and Sediment Control Ordinance. 5. For proposed impacts only to Isolated Waters of Yorkville the following information shall be provided: 1) Completion of the Wetland Permit Application as provided in Appendix A of these regulations. 2) A statement on the permit category of impacts to be used for the development project. The categories are as follows: a. Category I: Wetland impacts less than or equal to one (1) acre and does not impact a HQAR. b. Category II: Wetland impacts greater than one (1) acre and does not impact a HQAR. c. Category III: Roadside ditches and stormwater management facilities that meet the definition of Isolated Waters of Yorkville. d. Category IV: Wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville as approved by Staff, provided that there are net gains in aquatic resource function. e. Category V: Wetland impacts that affect a HQAR. f Category VI: Wetland impacts to farmed wetlands. 3) Documentation that the development is in compliance with the Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act [520 ILCS 10/11 and 525 ILCS 30/17]. 4) Documentation that the development is in compliance with the U.S. Fish and Wildlife Service's consultation program under the Endangered Species Act. 5) A statement on the occurrence of any HQAR on or within 100 feet of the development site. 6) Mitigation plan (if applicable) that meets the requirements of Article 4 of these regulations. 7) For Category II or Category V impacts only: A narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. Category II or Category V Article 3 15 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS impacts shall also require a detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts to Isolated Waters of Yorkville. 8) For Category III impacts only: A narrative of the measures taken to mitigate for lost water quality functions, such as the implementation of BMPs. Approval of appropriate BMPs will be at the discretion of Staff. 9) For Category IV impacts only: A narrative of the proposed plan that demonstrates net gains in aquatic resource functions. 10) For Category VI impacts only: A narrative of mitigation measures that will provide an environmental benefit, e.g. improved habitat, water quality, etc. 11 ) Soil erosion and sediment control measures following the City's Soil Erosion and Sediment Control Ordinance. 6. For proposed impacts to both Isolated Waters of Yorkville and Waters of the U.S., the wetland submittal shall include all applicable items within Section 3.2.4. Section 3.2.5 Requirements for Wetland Delineation Before any development in or near Isolated Waters of Yorkville or Waters of the U.S., a wetland delineation that identifies the boundaries, location, function, and applicable floristic quality of all onsite Isolated Waters of Yorkville and Waters of the U.S. as well as a floristic inventory and FQA data of natural areas on the project site shall be submitted. The presence and limits of wetland areas shall be determined by a valid wetland delineation conducted in accordance with the 1987 USACE Wetlands Delineation Manual. Delineations for permitting purposes shall generally be performed only during the period beginning the 2"d week of March and ending the first week of December. At the discretion of Staff, the acceptable delineation period may be modified due to unusual weather or other conditions. Any presence of farmed wetlands shall be determined by the Natural Resource Conservation Service (NRCS). For Isolated Waters of Yorkville and Waters of the U.S. within 100 feet of the development property for which an on-site delineation is not possible, then wetlands identified on a NWI map may be sufficient. The following are minimum requirements for the Wetland Delineation Report: 1 . A plan shall be submitted that shows the exact location of Isolated Waters of Yorkville and Waters of the U.S. within the development boundaries. The wetland boundary shall be flagged in the field and in order to determine buffer and any applicable wetland mitigation requirements, the wetland boundary shall be surveyed. 2. An aerial photograph with wetland and development boundaries delineated. 3. A copy of the following maps (most recent available) with the development boundary delineated: 1) USGS topographic map. 2) Kendall County soil survey map. 3) NWI map. 4) FEMA floodplain map. 4. Completed USACE data sheets with representative color photographs provided for each data point. 5. A description of each wetland habitat(s) that includes the following: 1) FQA data that follows the methods provided in Swink, F. and G. Wilhelm's Plants of the Chicago Region (latest edition). In general, the floristic inventory shall be conducted between Article 3 16 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS May 15'b and October 15". At the discretion of Staff, the acceptable vegetation assessment period may be modified due to unusual weather or other conditions. Floristic assessments conducted outside this time period may require additional sampling during the growing season to satisfy this requirement. 2) Wildlife habitat assessment for each wetland that evaluates utilization of the wetland by wildlife, interspersion and structure of vegetative cover (number of plant communities, e.g., emergent marsh, wet prairie, seep, forested, etc., present within the wetland system), and ratio of vegetative cover to open water. 3) Description of the present functions provided by each wetland. 6. For all farmed wetlands that are present within the project site, the NRCS Certified Wetland Determination Report shall be provided. Section 3.2.6 Wetland Permit Conditions 1 . Staff shall attach any additional reasonable permit conditions considered necessary to ensure that the intent of the Wetland Protection Ordinance will be fulfilled, to avoid, minimize or mitigate damage or impairment to, encroachment in, or interference with natural resources and processes within the protected wetlands or watercourses, or to otherwise improve or maintain the water quality. 2. Any change in the size or scope of the development and that affects the criteria considered in approving the permit as determined by Staff or City Council as applicable, may require the filing of a new wetland permit submittal. 3. Any temporary, seasonal, or permanent operation that is discontinued for one (1) year shall be presumed to have been abandoned and the wetland permit automatically voided. Abandonment of the project may subject the permittee to forfeiture of the performance security. 4. Any permit granted under these regulations may be revoked or suspended by Staff or City Council, as applicable, after notice and an opportunity for a hearing, for any of the following causes: 1) A violation of a condition of the permit. 2) Misrepresentation or failure to fully disclose relevant facts in the application. 3) A change in site condition(s) that requires a temporary or permanent change in the proposed activity. 5. A developer who has received a wetland permit under these regulations shall comply with the following in connection with any construction or other activity on the property for which the wetland permit has been issued: 1) Comply with the City's Soil Erosion and Sediment Control Ordinance. 2) Maintain clear delineation of the protected wetlands and wetland buffers during the on-going development activities. 6. The wetland permit shall remain effective for two (2) years. The granting authority upon request by the permittee may approve a maximum one (1) year extension. Article 3 17 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND PROTECTION STANDARDS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS AND PERMIT PROVISIONS Article 3 18 Article 4 Wetland Impacts and Mitigation Requirements UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS Section 4.1 Unmitigable Wetland Impacts 1 . Wetlands of any size identified as having a FQI greater than or equal to 35 or mean C value of 3.5 or greater shall not be impacted via flooding, excavation, dredging, fill, drainage, or other hydrological disturbance, vegetation removal (other than for maintenance or restoration purposes) as part of any development or dumping, or non-permitted discharge of chemicals or other pollutants. The FQI is solely based on the wetland vegetation. To determine the floristic value of the wetland, buffers and adjacent plant communities shall not be included in the calculation. Section 4.2 Wetland Mitigation Requirements Section 4.2.1 General Mitigation Requirements 1 . Mitigation shall be required for all impacts, regardless of size to Category V wetlands. 2. Mitigation shall be required for wetland impacts greater than or equal to 1/4 (0.25) acre to Isolated Waters of Yorkville defined under Category I, Category II, and Category VI wetland impacts. 3 . Mitigation shall provide for the replacement of the wetland habitat impacted due to development activities at the following ratios (creation acreage to wetland impact acreage): 1) A minimum of 1 .5: 1 for wetland impacts under Category I or II that are not to a HQAR and are mitigated on-site 2) A minimum of 1 : 1 for wetland impacts under Category VI and are mitigated on-site. 3) A minimum of 10: 1 for wetland impacts that are to a HQAR under Category V and are mitigated on-site 4. Wetland impacts covered under Category III will not require mitigation per se, but at a minimum, shall replace the water quality functions through BMW's as approved by Staff. 5. No mitigation is required for Category IV wetland impacts provided the restoration, creation, or enhancement contributes a net gain of aquatic resource fniction(s). Category W wetland impacts, however, shall be required to provide all Wetland Permit Submittal Requirements, as applicable, following Section 3.2.4 of these regulations. 6. Wetland mitigation shall be designed wherever possible to restore wetland hydrology to historic hydric soils that have been drained or dewatered. Grading activities for wetland creation and/or restoration should be minimized. 7. Mitigated wetlands shall be designed to optimize hydrologic stability and native species diversity. Designed permanent open water area(s) shall not constitute more than 20% of the required mitigation acreage. At the discretion of Staff, however, greater than 20% up to a maximum 50% mitigation credit for open water may be applied for mitigation designs that create interspersion of open water with emergent wetland habitat. 8. Any creation of wetlands for required mitigation shall take place only within areas that are not of a remnant plant community, wetlands, or other natural areas. 9. Enhancement within existing wetlands may be used as part of the mitigation credits, provided that at a minimum, wetland creation and/or restoration is at a 1 : 1 ratio, the mitigation creation/restoration is provided on-site, and the impacted wetland(s) does not meet the definition of HQAR. Mitigation credit for enhancement measures will be at a 0.25: 1 ratio (0.25 acre credit for every 1 .0 acre enhanced). Article 4 19 UNITED CITY OF YORKYILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 10. All wetland mitigation areas shall be buffered according to the requirements of Section 3. 1 . 1 . No buffer is required for that portion of a wetland mitigation area that is adjacent to an existing preserved wetland. 11 . A five-year wetland mitigation irrevocable letter of credit in favor of the City or equivalent security for 110% of mitigation cost following the provisions of Article 10 of these regulations shall be submitted prior to receipt of the permit. 12. For those impacts that will have a total wetland impact of less than or equal to 1 .0 acre and not affect a HQAR, the fee-in-lieu of mitigation option may be required by the City. Conditions under which the fee- in-lieu option may be required include, but are not limited to: 1 ) There are no other on-site or immediately adjacent wetlands that could be expanded. 2) The total size of the impacted wetland is 2.0 acres or less and due to development conditions, the long-term viability of the wetland is questionable. In addition, the fee-in-lieu option may be used by the developer for wetland impacts; this will be at the discretion of Staff and City Council. Fees paid in lieu that are not required by Staff and City Council, shall be comparable to the cost of mitigation off-site, but within the same watershed as the wetland impact, including land costs. The mitigation rate shall be 1 '/2 (1.5) times the on-site required mitigation acreage for calculation of the estimate of probable mitigation cost for non-HQAR sites. The mitigation rate shall be 3.0 tunes the on-site required mitigation acreage for calculation of the estimate of probable mitigation cost for HQAR sites. Fees paid in lieu that are required by City Countil with Staffs recommendation shall be comparable to the cost of on-site mitigation, including land costs. 13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the wetland disturbed was a HQAR and shall require mitigation at a minimum rate of 10: 1 . Section 4.2.2 Mitigation Hierarchy All mitigation shall occur within the limits of the City's jurisdiction. For the off-site mitigation purposes of these regulations, wetland mitigation shall occur within the same primary watershed (Aux Sable or Fox River) as the wetland impact, unless there is an available wetland mitigation bank within the sub-watershed corresponding to the impact (Blackberry, Rob Roy). Mitigation shall use the following hierarchy. 1. On-site wetland mitigation is preferred, but only if the applicant can document that the mitigation can expand the extent or improve the quality of other existing, undisturbed on-site or immediately adjacent wetlands or on-site mitigation will create or restore a wetland equal to or greater than 1 .5 acres in size. On- site mitigation shall meet the requirements of Article 4 of these regulations. 2. Off-site wetland mitigation within the same primary watershed as the wetland impact or within an approved wetland mitigation bank located within the primary watershed when on-site mitigation is not feasible. Required mitigation acreage shall be the on-site required mitigation acreage. Off-site created or restored wetland mitigation shall meet the requirements of Article 4 of these regulations, 3. Mitigation as a fee-in-lieu payment option that is not required by the City. The mitigation rate shall be 1 '/z (1 .5) times the on-site required mitigation acreage for calculation of the estimate of probable mitigation cost for non-HQAR sites, 3.0 times for HQAR sites. 4. Off-site wetland mitigation within the same primary watershed as the wetland impact and meets the requirements of Article 4 of these regulations or within an approved wetland mitigation bank located within the primary watershed. Required mitigation acreage shall be 1 % (1 .5) times the on-site required mitigation acreage for non-HQAR sites, 3 .0 times for HQAR sites. Article 4 20 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 5. Off-site wetland mitigation and outside the primary watershed of the wetland impact or within an approved wetland mitigation bank located outside the primary watershed shall require three (3) times the on-site required mitigation acreage and meet the requirements of Article 4 of these regulations. Section 4.3 Wetland Mitigation Plan 1. In addition to the requirements of Article 3, if wetland mitigation is required a wetland mitigation plan shall be submitted. Refer to Appendix C for the wetland mitigation plan checklist. At a minimum, the wetland mitigation plan shall contain the following. 1) Narrative description of wetland impacts and proposed mitigation. Include a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2) A narrative of the proposed plan that includes a description of the proposed hydrologic regime, planting plan, soils, and site geomorphology, where applicable. 3) Provide a Wetland Mitigation Plan Graphic that depicts each wetland impact and all proposed wetland mitigation and limits of required wetland buffer areas and contains the planting plan for each proposed plant community, existing and proposed grades with 1-foot contour lines, protection measures for all preserved wetlands, and location of water level structures, BMPs (if applicable). 4) Specifications for wetland mitigation, which includes but is not limited to the following: a. Earthwork - rough and final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement. b. Compliance with the City's soil erosion and sediment control ordinance. C. Water control structures, if applicable. d. BMP design and implementation if proposed within wetland buffer area. e. Seed/plant installation that includes seed/plant bed preparation; procurement, list of plant material by scientific and common name including seeding and planting rates for each designated plant community, initial maintenance requirements and warranty performance criteria, and any special planting provisions. 5) Provide a proposed implementation schedule that includes site preparation, installation of soil erosion and sediment control measures, planting schedule, and post-planting maintenance and monitoring schedule that indicates approximate month and year for each of the proposed activities. 6) Provide a maintenance and monitoring plan that identifies activities during the 5-year monitoring period and follows the requirements of Sections 4.4 and 4.5 of these regulations. Activities should include, but not limited to, control of undesirable plant species, herbivore control, trash removal, prescribed bum management, enhancement planting, bi-annual monitoring events, and any other necessary activities. 7) All wetland mitigation shall include a plan for the long-term management and maintenance of the preserved wetlands, mitigation wetlands, and their associated buffers. This plan shall include a description of the sources of funding, and designation of the long-term responsible party that follows the provisions of Article 5 and as approved by Staff. In addition, the long-term management plan shall identify long-term management strategies that include but not limited to prescribed burn management for all applicable portions of the mitigation. If bum management is Article 4 21 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS not utilized, documentation shall be submitted that specifies the reasons why burn management will not be used and describes alternative management strategies that are known to be effective. Alternatives such as herbicide application or weed pulling shall be applied with Staff approval. 8) If the owner is different then the applicant, identify the owner of the site and provide a written assurance from the owner that the applicant has permission to use the site for mitigation. Section 4.4 Wetland Mitigation Monitoring Protocol 1 . Following the general USACE guidelines, a 5-year mitigation monitoring period shall be required to assess the success of the mitigation. The first monitoring year is considered the first full growing season after planting. In general, if the full mitigation plan including seeding/planting is completed by end of May in a particular year, that year can be considered the first monitoring year. If installation is not completed until later in the growing season, then the first monitoring year will be the next calendar year. 2. Provide a description of a monitoring protocol that meets the following provisions. 1 ) General Sampling Methods. a. Monitoring for every year of the required monitoring period shall include two (2) monitoring events: one in late spring (May — mid-June) and the second during the late summer period from mid-August to mid-October. The purpose of the spring visit is a qualitative assessment of the mitigation site, accomplished through meander search methodology throughout the entire mitigation area, including the buffer area, and inventories of vegetation across the different plant communities/zones. Denote any site conditions where land management should be addressed (e.g., weed control, herbivory impacts, soil erosion, and sedimentation impacts). The spring site visit shall be documented in a field report as described in Section 4.6. b. The second monitoring event shall provide a more detailed qualitative assessment, and conduct quantitative sampling along transect lines and document site conditions with photographs that are taken at permanent photo stations. The general inventory and FQA data shall be compiled and summarized in the annual monitoring report as described in Section 4.6 2) Trsect Sampling Methods. a. Generally, at least one (1) transect line shall be established within each of the proposed wetland mitigation areas and within each plant community across the mitigation site, including one in the buffer area. Trsect locations shall be documented so that sampling can be repeated year to year. b. A sufficient number of quadrants shall be sampled along each transect line to provide full representation of the plant community. In general, a minimum of ten (10) 0.25 square meter quadrants per transect is sufficient. Quadrant intervals and number will depend on the size and uniformity of the plant community. The sampling procedure includes the recording of all plant species within the quadrant and the assignment of a cover value. For further detail of the sampling method refer to the "Monitoring Vegetation" chapter in The Tallgrass Restoration Handbook: for prairies, savannas, and woodlands (Packard, S. and Motel, C. 2005). Article 4 22 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS From these data, the Mean C, FQI, and relative importance values (RIV) are generated and are to be compared with results of the previous monitoring events. 3) Additional Monitoring Parameters. In addition to the FQA method stated above, some projects may require additional monitoring parameters for the mitigation and/or preserved wetland(s) such as hydrology, wildlife, etc. The requirements of additional monitoring parameters shall be reviewed and required (if any) by Staff on a project by project basis. 4) Preliminary Wetland Delineation. A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted during the third (3rd) year of monitoring. The extent of developed wetland shall be based on the prevalence of hydrophytic vegetation. If the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to Staff. Refer to Section 4.7 Mitigation Requirements for Non-performing Wetlands. 5) Final Wetland Delineation. A final wetland delineation of the mitigation wetland(s) boundary shall be conducted during the fifth (5h) monitoring year. Section 4.5 Wetland Mitigation Performance Standards 1 . Erosion Control — A biodegradable erosion blanket shall be used for areas up to the 2-year stage and a temporary cover crop shall be seeded within the wetland mitigation, which includes the buffer area above the 2-year stage, within seven (7) calendar days of completion of construction activities. If the developer is unable to comply with the 7-day requirement then the developer shall follow the City's Soil Erosion and Sediment Control Ordinance. Any additional soil and erosion control measures shall be in accordance to the City's Soil Erosion and Sediment Control Ordinance. 2. Floristic Quality Assessment. 1) General Inventory. a. By the end of the third full growing season, 30% of the seeded species and 90% of the plugged species should be present; and native Mean C and native FQI values shall be greater than or equal to 2.5 and 15, respectively, for each installed plant community. b. By the end of the fifth full growing season, 40% of the seeded species and 80% of the plugged species should be present. The native Mean C and FQI values shall be equal to or greater than 3.2 and 20, respectively, as measured for each plant community type that comprises the mitigation area, including the native plant community within the buffer area. The native Mean C and FQI values should increase each successive year after installation. C. By the end of the fifth full growing season, the native Mean W shall be less than or equal to zero (0) for each of the wetland communities. Generally, prior to the fifth monitoring year, the FQA data presented in the annual report should reflect a positive trend in floristic metrics in order to be confident that the mitigation shall meet the stated performance standards in the fifth year. If the mean wetness coefficient is greater than zero (0), this is an indication that wetland conditions are not developing. If the native Mean C has not increased from the previous year's monitoring Article 4 23 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS results, this is an indication that additional management activities may be required. It is in the pennittee's best interest to take necessary measures early in the project in order to ensure compliance with the proposed wetland mitigation. 2) Transect Inventory. a. The RIV of total native plants should increase each successive year after installation. Generally, at the transect level there should be a positive trend in the floristic metrics for the mitigation monitoring period. If such a trend is observed, one can conclude that for a particular plant community all reasonable measures have been taken to manage that area. 3. General Standards. 1) By the end of the third full growing season, there shall be no area, across the entire mitigation site, greater than 1 square meter that is devoid of vegetation, as measured by aerial coverage, unless specified in the approved mitigation plan. Overall aerial coverage must be 90%, and seedlings of at least 50% of all seed species found. 2) By the end of the fifth full growing season, there shall be no area, across the entire mitigation site, greater than 0.5 square meter that is devoid of vegetation, as measured by aerial coverage, unless specified in the approved mitigation plan. Overall aerial coverage must be 99%, and seedlings of at least 40% of all seed species found. 3) By the end of the fifth full growing season, none of the three most dominant plant species in any of the communities that comprise the mitigation site, which includes the buffer area, may be non- native or weedy species including, but not limited to, Reed Canary Grass, Common Reed, Kentucky Blue Grass, Purple Loosestrife, Narrow-leaved cattails, Sandbar Willow, Field Thistle, sweet clover, woody shrubs such as buckthorn, Eurasian honeysuckles, European High Bush Cranberry, and other non-native, weedy species. 4) By the end of the fifth full growing season, the proposed wetland acreage as depicted in the approved plan shall have been achieved. The extent, or deficiency of wetland acreage, that has not been achieved, is the extent to which the developer shall be liable. Refer to Section 4.7 Mitigation Requirements for Non-performing Wetlands. 5) Should the developer choose to provide additional required mitigation credits via creation, restoration, or enhancement measures, the developer shall be required at a minimum, to maintain and monitor the creation, restoration, or enhancement wetland(s) for an additional three (3) years. Should the developer choose to provide enhancement measures, the developer shall provide baseline floristic data of the proposed enhancement wetland(s). 6) Additional Proposed Criteria — Depending upon the mitigation plan submitted there may be additional criteria required to supplement the above standards. These shall be evaluated on a project by project basis. Section 4.6 Post Construction Submittal Requirements 1 . Submit as-built conditions to Staff for review and approval as identified below. 1) Final Grading — upon completion of final grading but before planting, submit certified as-built plans with benchmarks that depict elevations in the mitigation area(s), including invert elevations of all water control structures. The normal water level elevation and resulting acreage of open water, if applicable, shall be specified. Provide a narrative explanation for any deviation from Article 4 24 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMINATER MANAGEMENT BENEFITS REQmREMENTS the approved mitigation plan. If the grades are not within 02'± of the approved plan, the permittee may be responsible for taking necessary corrective measures. 2) Vegetation — submit a list of the actual species seeded and planted by scientific and common names for each community zone, including the quantity of each species installed (seed weight/acre, number of plugged plants/acre), dates of seeding and/or planting, source of stock, and the installation method(s). The vegetation as-built submittal shall include the Wetland Mitigation Plan graphic that demarks the limits of each community zone installed and identifies any revisions to the planting plan. 2. Monitoring Reports. 1) Field reports shall be prepared and submitted to Staff within four (4) weeks of the spring monitoring visit. The field report shall include a brief description of existing site conditions and proposed management activities that should be addressed during the present growing season. 2) Annual monitoring reports shall be prepared and submitted to Staff by December 30`" of the monitoring year. The annual reports shall include the FQA data and discussion of FQA results, when applicable, discussion of adherence to the appropriate performance standards, narrative of the general site conditions, identification of management activities that occurred during the growing season, recommended management activities to occur over the successive 12-month period, and photographs from the established photo stations. The first year monitoring report shall also include a description of the transect line locations as well as a graphic of the Wetland Mitigation Plan that denotes the location of all established transect lines and permanent photo stations. Years 3 and 5 monitoring reports shall include the results of the surveyed wetland delineation including completed data forms and a graphic that depicts the location of data points. Section 4.7 Mitigation Requirements for Non-performing Wetlands 1 . If the Preliminary Wetland Delineation, performed during the third monitoring year, determines that the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to Staff. The Remedial Action Plan shall address measures that will be undertaken to resolve the lack of wetland habitat. A Remedial Action Plan shall be submitted to Staff within sixty (60) days of submitting the preliminary wetland delineation findings. If the developer fails to comply with the provisions of this section, the City may draw upon the required performance security following the provisions of Article 10 of these regulations to remediate the mitigation site conditions. 2. If the Final Wetland Delineation, performed during the fifth monitoring year, determines that the delineated wetland acreage does not meet the required mitigation wetland acreage, Staff may require an extension of the 5-year monitoring period, payment of fee-in-lieu equivalent to the costs associated with the construction, planting, monitoring and maintenance of the wetland acreage that is lacking, or request other measures to meet the intention, requirements, and spirit of these regulations. Failure to meet the required wetland acreage shall be reviewed and measures required on a project by project basis. 3. In addition, if Staff or his/her agent determines that the wetland mitigation does not meet the Wetland Mitigation Requirements of Section 4.2 and the Wetland Mitigation Performance Standards of Section 4.5, the developer shall meet with Staff to determine the acceptable means by which the developer shall meet his/her wetland mitigation obligation(s). Based upon the review and decision of Staff and City Council, the developer may be required to: Article 4 25 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION WETLAND IMPACTS AND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS REQUIREMENTS 1 ) Continue management and enhancement measures of the mitigation area(s) for a specified period beyond the 5-year monitoring for the improvement of vegetative quality and diversity in order to meet the required performance standards of these regulations. 2) Provide additional mitigation credits through enhancement measures for other existing wetland(s). 3) Provide funding into the fee-in-lieu program. 4. If Staff and City Council requests that the developer meet his/her mitigation requirements via payment in- lieu, Staff shall make an estimate of the probable cost of mitigating for the deficiency in performance. Staff shall have the right to draw on the performance security the amount of funds appropriate to remedy the wetland mitigation to meet the performance standards, conditions, and wetland protection standards of these regulations. The remainder of the performance security shall then be released. The amount withheld for remedy of the mitigation shall be deposited in the fund created under and expended in the manner described in Article 11 . Article 4 26 Article 5 Long-Term Maintenance Provisions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LONG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 5.1 Long-term Maintenance 1 . Unless maintenance responsibility has been delegated to and accepted by another person under this section, the owner shall maintain that portion of the preserved and mitigation wetlands and their associated buffers. With the approval of the Staff the preserved and mitigation wetlands and their associated buffers may be: 1) Dedicated or otherwise transferred to and accepted by the City or other public entity. 2) Conveyed or otherwise transferred to and accepted by a homeowner's association, or similar entity, with the members being the owners of all lots or parcels comprising the development. 3) Conveyed to a person or entity that specializes in conservation and protection of wetlands. Section 5.2 Transfer to City or Other Public Entity 1 . If any portion of the preserved and mitigation wetlands and their associated buffers is to be dedicated or otherwise transferred to the City or other public entity under Section 5. 1 . 1 , appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of such entity on the final plat. Section 5.3 Transfer to Homeowner's or Similar Association 1 . If any portion of the preserved and mitigation wetlands and their associated buffers is to be conveyed or otherwise transferred to a homeowner's or similar association under Section 5. 1 .2 then: 1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of such association and the City on the final plat. 2) The association shall be duly incorporated and a copy of the Certificate of Incorporation, duly recorded, and bylaws and any amendment to either of them, shall be delivered to Staff. 3) The bylaws of the association shall, at a minimum, contain the following: a. A provision acknowledging and accepting the association's obligation to maintain those portions of the preserved and mitigation wetlands and their associated buffer areas conveyed or otherwise transferred to it under these regulations. b. A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development that is sufficient, at a minimum, to provide for the maintenance of those portions of the preserved and mitigation wetlands and their associated buffers conveyed or otherwise transferred to it under these regulations, and the payment of all taxes levied thereon. A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the homeowners association is not managing the wetland. C. A provision adopting the plan of long-term maintenance set forth in the application for a wetland permit, with approved amendments. d. A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under these regulations. e. A provision requiring the consent of the City to any amendment of the bylaws changing any of the provisions of the bylaws required by these regulations. f. A provision requiring the consent of the City to the dissolution of the association. Article 5 28 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION LANG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 4) Any conveyance or other instrument of transfer delivered under Section 5. 1 .2 shall include a covenant that imposes upon the association the obligations set forth in this section and the association's affirmative acceptance thereof. Section 5.4 Conveyance to a Person or Entity Specializing in Conservation 1 . If any portion of the preserved and mitigation wetlands and their associated buffers are to be conveyed to a person or entity under Section 5. 1 .3 then: 1) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of the City on the final plat. 2) The final plat shall contain a legend imposing the maintenance obligations of this section upon the grantee and his successors in interest as a covenant running with the land and incorporating by reference the plan of long-term maintenance set forth in the application for a wetland permit, with approved amendments. 3) The final plat shall contain a legend reserving the right of the City to enter upon the land to perform the maintenance required in this section if the owner does not do so and to place a lien against the land for the cost thereof. 4) A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the person or entity is not managing the wetland. 5) Any conveyance delivered under Section 5. 1 .3, and any subsequent conveyance, shall include a covenant that imposes upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative acceptance thereof. Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit 1 . The provisions of this section shall be incorporated by reference in the wetland permit and the developer's acceptance of the permit shall be deemed to be the developer's acceptance and assumption of the obligations imposed under this section. The developer shall record such obligations on the deed. Article 5 29 Article 6 Fees, Enforcement and Penalties UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 6.1 Fees and Application Review Times 1 . Applications for a wetland permit under these regulations shall be accompanied by a non-refundable administrative application fee in an amount of $ 100. In addition, the developer shall provide a minimum review deposit in the amount of $5,000 that will be drawn on for the hourly fee invoices of outside consultant(s) who may be retained by the United City of Yorkville in connection with the review of the application. In the event the review deposit is drawn down to less than $ 1,000, the developer shall be required to provide an additional deposit to re-establish the deposit balance to $5,000. In the event the cost of the services of the consultant(s) is less than the review deposit, the developer shall be refunded the balance. A denial of an application for a wetland permit shall not affect the developer's obligation to pay the review fee provided for in this Section. 2. Additional fees for wetland mitigation construction administration and review will be covered under the Administration Fee based on the approved estimate of costs. 3. Permit applications shall be approved or denied within 30 business days of a complete permit submittal; if written approval or denial of the permit has not been received within 30 business days, the permit application shall be assumed to be approved. The application review period begins once all submittal items are provided to Staff. Section 6.2 Enforcement 1 . One of the primary duties of Staff or his/her agent shall be the review of all wetland submittal applications and issuance of wetland permits for those projects that are in compliance with the provisions of these regulations. Staff shall be responsible for the administration and enforcement of these regulations. 2. Staff or his/her agent, officer, or employee shall have authority under these regulations to enter upon privately owned property for the purposes of inspecting any development activity to ensure the activity conforms with requirements, standards, and provisions of these regulations and/or the terms and conditions of an issued wetland permit. 3. If a wetland mitigation area is constructed as part of the wetland permit, Staff or his/her agent shall at a minimum perform the following inspections: 1) After final grading and before seeding or plant installation. 2) After seeding and plant installation. 3) Annual inspections during the 5-year monitoring and maintenance period. Section 6.3 Penalties and Legal Actions 1. Whenever Staff or his/her agent finds a violation of these regulations, or of any permit or order issued pursuant thereto, Staff or City Council, as applicable, may issue a stop-work order on all development activity on the subject property or on that portion of the activity that is in direct violation of the Ordinance or withhold issuance of a Certificate of Occupancy, permits or inspection until the provisions of these regulations, including any conditions attached to a wetland permit, have been fully met. Staff shall issue an order that (1) describes the violation (2) specifies the time period for remediation, and (3) requires compliance with these regulations prior to the completion of the activity in violation. Failure to obey a stop-work order shall constitute a violation of these regulations. 2. In the event a violation involving illegal alteration of an Isolated Waters of Yorkville as protected under these regulations, the City shall have the power to order complete restoration of the Isolated Waters of Yorkville by the person or agent responsible for the violation. If such responsible person or agent does not prepare and submit a restoration plan for review and approval by Staff within 30 days of notice of violation, the City shall have the authority to restore the affected Isolated Waters of Yorkville to their prior condition wherever possible, and the person or agent responsible for the original violation shall be held liable to the City for the cost of such restoration. Article 6 31 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEE$ ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 3 . In addition to the rights and remedies herein provided to the City, any person violating any of the provisions of these regulations shall be subject to a fine in an amount not exceeding Seven Hundred and Fifty Dollars ($750.00) for each offense. Each calendar day a violation continues to exist shall constitute a separate offense. Article 6 32 Article 7 General Provisions UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION GENERAL PROVISIONS FOR WATER QUALITY $ STORMWATER MANAGEMENT BENEFITS Section 7.1 Scope of Regulation 1 . These regulations applies to all new development as well as any dumping or non-permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville within the United City of Yorkville and all new development within an area under consideration for annexation into the United City of Yorkville. Any person undertaking a development having a wetland on the project site or a wetland within 100 feet of the project site shall obtain a wetland permit from Staff. This includes any new development on partially developed sites. Section 7.2 Exemptions 1 . These regulations do not apply to: 1) Development which has obtained preliminary or final plat approval within the past 12 months before the effective date of these regulations 2) Wetland impacts that have occurred before the effective date of these regulations. Section 7.3 Severability 1 . The provisions of these regulations shall be severable in accordance with the following rules: 1) If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provision of these regulations. 2) If any court of competent jurisdiction shall adjudge to be invalid the application of any provision of these regulations to a particular parcel of land or a particular development, such judgment shall not affect the application of said provision to any other land or development. Section 7.4 Abrogation and Greater Restrictions 1 . These regulations are not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where these regulations and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 2. When provisions of these regulations differ from any other applicable law, statute, ordinance, rule, or regulation, the more stringent provision shall apply. Section 7.5 Effective Date These regulations shall be in full force and effective from and after its passage, approval, and publication according to law. The effective date of these regulations is 20_. Article 7 34 Article 8 Variances and Appeals UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 8.1 Variances 1 . The developer may apply to the City Council for a variance. The City Council shall have the authority to grant variances from these regulations, but only in compliance with the procedures set forth in Section 8. 1 . 2. The petition for a variance shall accompany or follow an application for a Wetland Permit and shall include all necessary submittal items. 3 . Every variance petition filed pursuant to this Section 8. 1 shall provide the following information: 1) The specific feature or features of the proposed construction or development that require a variance. 2) The specific provision(s) of these regulations from which a variance is sought and the precise extent of the variance therefrom. 3) A statement of the characteristics of the development that prevent compliance with the provisions of these regulations. 4) A statement that the variance requested is the minimum variance necessary to permit the development. 5) A statement as to how the variance requested satisfies the standards set forth in Section 8. 1 .4 of these regulations. 4. The City Council may grant such petition for a variance only when it is consistent with the general purpose and intent of these regulations and when the development meets the majority (four or more) of the following conditions: 1) The relief requested is the minimum necessary and there are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development. 2) Demonstration that failure to grant the variance would result in exceptional hardship to the developer. Economic hardship is not a valid reason to request a variance. 3) The variance is not requested solely for the purpose of increasing the density of the development nor impervious areas on the site. 4) The developer's circumstances are unique and do not represent a general condition or problem. 5) The subject development is exceptional as compared to other developments subject to the same provision. 6) Granting the variance shall not dramatically alter the essential character of the wetland area involved, including existing stream uses. 7) The proposed development could not be constructed if it were limited to areas outside the Isolated Waters of Yorkville and required buffer areas. Section 8.2 Variance Conditions 1. A variance of less than or different from that requested may be granted when the record supports the developer's right to some relief, but not to the relief requested. Article 8 36 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION VARIANCES AND APPEALS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 2. In granting a variance, the City Council may impose such specific conditions and limitations on the developer concerning any matter relating to the purposes and objectives of these regulations as may be necessary or appropriate. 3. Whenever any variance is granted subject to any condition to be met by the developer, upon meeting such condition, the developer shall file evidence to that effect with Staff. 4. A granted variance shall be issued as a "special use" permit and shall be valid for one (1) year from the date of issuance. Section 8.3 Appeals 1 . A developer may appeal any decision of Staff to the City Council provided that no such appeal shall be taken until and unless the developer has requested a conference with Staff and not a subordinate of Staff, and either the conference has been held or Staff has not scheduled a conference within 30 days of the initial request. Article 8 37 Article 9 Administration UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION ADMINISTRATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 9.1 Responsibility for Administration 1 . Staff shall oversee the enforcement and administration of these regulations. In performing his/her duties, Staff may delegate routine responsibilities to any named designee. Section 9.2 Representative Capacity 1 . In all cases when any action is taken by Staff or his/her duly appointed designee, to enforce the provisions of these regulations, such action shall be taken in the name of the City, and neither Staff nor his/her designee, in so acting shall be rendered personally liable. Section 9.3 Service of Notice 1 . Unless otherwise provided herein, service of any notice or other instrument under these regulations may be made upon any person by: 1) First class mail, postage prepaid, addressed to address then on file for such person, if any, or if none, to such person's last known address. 2) Any method prescribed under the Illinois Code of Civil Procedure. Article 9 39 Article 10 Performance Security UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 10.1 General Security Requirements 1 . To secure the performance of the developer's obligation to successfully complete any required wetland mitigation as part of the wetland permit, and to pay all costs, fees, and charges due under these regulations, and to fully and faithfully comply with all of the provisions of these regulations, the developer shall, prior to the issuance of a wetland permit post the security as provided in Section 10.2. 2. The developer shall bear the full cost and responsibility of obtaining and maintaining the security required by this Article. Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security 1 . A development performance security shall include the following. 1) A schedule, agreed upon by the developer and Staff, for the completion of the wetland mitigation required by the permit. 2) A statement of the estimated probable cost to install, monitor, and maintain the wetland mitigation area as required by the permit. The estimated probable costs shall be categorized by earthwork, including erosion and sediment control measures; landscape installation; and maintenance and monitoring costs. Such estimate is subject to approval by Staff. 3) An irrevocable letter of credit in favor of the City or other such adequate security as Staff may approve, in an amount equal to 110% of the approved estimated probable cost to complete any required wetland mitigation. 4) A statement signed by the developer granting Staff the right to draw on the security and the right to enter the development site to complete required work, in the event that work is not completed according to the work schedule or the mitigation area is not meeting the required performance standards and the developer has failed to implement management activities or remedial measures to address noncompliance issues. 2. Required 5 year wetland mitigation development security may be released based on the following mitigation milestones: 1) 50% estimated probable costs for earthwork activities may be released following review and approval of certified final grading as-built plans. 2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable costs for landscape installation may be released following review and approval of the preliminary wetland delineation (conducted in the third year of monitoring) and compliance with the prescribed performance standards for 3`d-year monitoring requirements. 3) Subsequent release of security shall be based on progress of mitigation and at the discretion of Staff. At no time, however, shall more than 50% of the remaining security be released prior to review and approval of the final wetland delineation (conducted in the fifth year of monitoring) and compliance with the prescribed performance standards for the 5`s-year monitoring requirements. 3. Required 3-year naturalized wetland detention basin development security may be released based on the following milestones: 1) 50% estimated probable costs for earthwork activities may be released following review and approval of certified final grading as-built plans. 2) Remaining 50% estimated probable costs for earthwork activities and 50% estimated probable costs for landscape installation may be released following review and approval of the naturalized wetland basin establishment after two years of development and compliance with the prescribed performance standards for the 2nLyear monitoring requirements. 3) Subsequent release of security shall be based on progress of naturalized wetland basin and at the discretion of Staff. At no time, however, shall more than 50% of the remaining security be Article 10 41 UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION PERFORMANCE SECURITY FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS released prior to review and approval of the naturalized wetland basin after three years of development and compliance with the prescribed performance standards for the 3rd—year monitoring requirements. 4. Generally, at the end of the applicable monitoring period or upon an earlier request for the release of the performance security, Staff or his/her agent shall evaluate the wetland mitigation and/or naturalized wetland basin for compliance with the performance standards, conditions, and standards of these regulations. If Staff or his/her agent determines that the wetland mitigation meets the performance standards, conditions, and wetland protection standards of these regulations, he/she shall recommend release of the performance security. Section 10.3 Performance Security 1 . Performance security posted pursuant to this Article shall be in a form satisfactory to Staff. 2. If the developer fails or refuses to fully meet any of its obligations under these regulations then the City may, at their discretion, draw on and retain all or any of the funds remaining in the performance security. The City thereafter shall have the right to take any action deemed reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse the City from the proceeds of the performance security for all of its costs and expenses, including legal fees and administrative expenses, that resulted from or incurred as a result of the developer's failure or refusal to fully meet its obligations under these regulations. If the funds remaining in the performance security are insufficient to fully repay the City for all such costs and expenses, or after said payment to the City, the remaining cash reserve of the performance security is less than the amount that would otherwise be required to be maintained under this Article, the developer shall on demand by the City immediately deposit with the City such additional funds as the City determines are necessary to fully repay such costs and expenses, and to establish appropriate cash reserve as required under this Article. Article 10 42 Article 11 Fee-In-Lieu of Wetland Mitigation UNITED CITY OF YORKVILLE WETLAND PROTECTION REGULATION FEE-IN-LIEU OF WETLAND MITIGATION FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 11.1 Fee-in-lieu of Wetland Mitigation 1 . If fee-in-lieu of mitigation is required by the City, the applicant shall prepare a statement of the estimated probable cost to construct wetlands that includes costs associated with land acquisition, wetland construction, planting, and the 5-year monitoring and maintenance activities. The estimate of probable costs is subject to the approval of the City. 2. If fee-in-lieu of mitigation is not required by the City, the applicant's estimated probable cost shall be determined based on a mitigation ratio 1 .5 times the on-site required mitigation acreage. The probable cost estimate shall include costs associated with land acquisition, wetland construction, planting, and the 5-year monitoring and maintenance activities. The estimate of probable costs is subject to the approval of the City. Section 11.2 Procedures and Use of Funds 1 . An applicants' statement of its intention to satisfy the wetland mitigation requirement by the payment of a fee-in-lieu of wetland mitigation shall be in writing and filed with the City along with the estimates described in Section 11 . 1 . 2. Fees paid in lieu of wetland mitigation shall be deposited by the City in a separate fund created for such purpose. 3. Fees paid in lieu of wetland mitigation shall be expended to plan, design, restore, improve, acquire, or enhance Isolated Waters of Yorkville and/or Waters of the U.S. located within the City's jurisdiction. Article 11 44 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION For city use only) Date Application Received: Date Permit Issued: Instructions: Applicant shall submit completed application, permit sumbifial checklist, permit submittal flowchart, mitigation plan checklist and all other applicable submittal items as required within the Weiland Ordinance to the Administrator. The wetland permit review process shall begin once a complete submittal has been provided. Name & Address of Applicant: Name & Address of Owner(s): Name & Address of Developer: Telephone No. during business hours: Telephone No. during business hours: ( ) fax ( ) fax Describe the general intent of the proposed activity, its purpose and the proposed Category (I-VI) of impact. Names, addresses and telephone numbers of all adjoining property owners within 250 feet of the development site. Location of activity: Legal Description: Street, road or other descriptive location 1/4 Sec. Twis. Range Tax Assessor's Description (if known): City County State Zip Code Name of waterbody within or adjacent to site (if applicable) Map No. Subdiv. No. Lot No. Is any portion of activity for which a wetland permit is sought now complete? _No _Yes, if yes explain: I hereby certify that all information presented in this application is true and accurate to the best of my knowledge. I have read and understand the United City of Yorkville Wetland Protection Ordinance, and fully intend to comply with its provisions. Signature of Developer Date Signature of Owner Date Wetland Permit Application UNITED CITY OF YORKVILLE TYPICAL WETLAND PERMIT SUBMITTAL FLOWCHART The following flowchart identifies the typical submittal items that are required for a permit application based on the type of proposed impact. Highlight the appropriate path and circle the required submittal items. Type of Development Project: Project Site Acreage: Proposed Wetland Impact Acreage: (Residential, Commercial, PUD, etc.) START F Are wetlands or Waters of the Submit Wetland U.S. present on arm ithin 100 feet Determination Letter of of proposed development site? NO Findings (Refer to Section 3.2.2 W Y LomrpWaactteIrss =iemille Submit Wetl=Permit pplication and Wetland Pel Checklis},NO completing the checklist, and establish req .9 (Refer to Se 3.2.5) N Y Will proposed development Impact Submit Wetland Permit Application Waters of the U.S.? and Weiland Permit Submittal YES Checklist, completing items 1-5 on the checklist. (Refer to Sections 3.2.3 - 3.2.5) O z Will proposed development impact greater than or equal to 0.25 acre of Is the Isolated Waters of Isolated Waters of Yorkville? NO Yorkville a High Quality NO Aquatic Resource? N W Y W N What Category of Impact Will be used? (Refer to Section 3.2.4) Attend mandatory Category V Pre-Submittal Meeting with Administrator. Category I Category 1 and II Submit Wetiand Permit Application, Will wetland NO Wetland Permit Submittal Checklist, be used for completing items 1-4 and item b on the stormwater checklist, and Wetland Wiigation Plan management Checklist. (Refer to Sections 3.2.3 - 3.2.5, Category II facility? YES Does wetland Article 4, and all other applicable Articles meet criteria NO of the Ordinance) to be used for siormwater path A management See facility? Sheet2 Path B see Sheet 2 SHEET I YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART path B from Sheet I Y Category 1 and 11 that meet certain criteria Submit Wetland Permit Application and Wetland Permit Submittal Checklist, completing items 1-4 on the checklist and comply with Section 3.1 .3. path A from Sheet I Submit Wetland Permit Application and narrative of Catego III measures taken to mitigate for Category III water quality functions. (Refer to Sections 3.2.3 - 3.2.5) Category IV Submit Wetland Permit Application. Category IV Wetland Permit Submittal Checklist completing items 1-4 and item 6 on the checklist, and narrative of activity that demonstrates a net gain of aquatic resource(s). (Refer to Sections Cate o V 3.2.3 - 3.2.5 and 4.2) 9 ry Attend mandatory Pre-Submittal Meeting with Administrator. Category V Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items 1-4 and item 6 on the checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3 - 3.2.5, Article 4, and all other applicable Articles of the Ordinance) Will farmed YES Submit Wetland Permit Application and Wetland Permit Submittal wetland be used Checklist, completing items 1-4 on the checklist and comply with Category VI —� f Section 3.1 .3. or stormwater management facility? NO=> Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items STOP 1-4 and item 6 on the checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3-3.2.5, Article 4, and all other applicable Articles of the Ordinance) SHEET YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST United City of Yorkville WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION (�) H 1 . Wetland Delineation Report that provides all information as required in Section 3.2.5 of the Ordinance. 2. Narrative Report and Site Plan that demonstrates compliance of: a. Section 3.1 .1 Buffer Requirements, including planting plan for buffer area(s). b. Section 3.1 .2 Wetland Hydrology Protection c. Section 3.1 .3 Stormwater Management within Isolated Waters of Yorkville (including buffer and 3-year management and monitoring plan) d. Section 3.1 .4 Discharge to Isolated Water of Yorkville or Waters of the U.S. e. Section 3.1 .5 Protection of Isolated Waters of Yorkville During Development 3. Narrative that specifies prescribed management activities and long- term management provisions for all buffers, perserved wetlands, and wetland mitigation (if applicable), and includes the following: a. Maintenance activities and tentative schedule. b. Maintenance activities and tentative schedule subsequent to required monitoring period. C. Description of funding source. d. Designation of the responsible party following Article 5. 4. USACE statement of jurisdictional determination for all wetlands on development site. 5. For proposed impacts to Waters of the U.S. the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Provide USACE permit submittal for the proposed development or a letter from the USACE that states the proposed development does not require USACE authorization. c. Provide copies of all USACE, IEPA, and IDNR Office of Water Resources authorizations to the Administrator. d. Statement that all wetlands within the City's jurisdiction will be mitigated for within the same primary watershed as the impact(s) at the mitigation ratio specified by the USACE . e. Soil Erosion and Sediment Control Plan that demonstrates compliance With the City's Sall Erosion and Sediment Control Ordinance. 6. For proposed impacts to Isolated Waters of Yorkville the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Statement of Permit Category (Category I-VI) to be used for development impact(s). c. Documentation for compliance with Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act. Wetland Permit Submittal 1 WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 6. d. Documentation for compliance with U.S. Fish and Wildlife Service's Endangered Species Act. e. 1 ) Statement on the occurrence of High Quality Aquatic Resources on or within 100 feet of the development site. 2) Applicant has completed a Pre-Submittal meeting with the Administrator, if so, give date of meeting. f. Mitigation Plan lif applicable) refer to Appendix C for Mitigation Plan checklist. g, For Category 11 or Category V Impacts provide the following: 1 ) Narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. 2) Detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts. h. For Category 111 impacts provide the following: 1 ) Narrative of measures taken to mitigate for water quality functions. 1. For Category IV impacts provide the following: 1) Narrative of proposed plan that demonstrates net gains in aquatic resource functions. For CategoryVI impacts provide the following: 1) Narrative of mitigation measures that demonstrates an environmental benefit, e.g. improved habitat, water quality, etc. Weiland Peril Submittal 2 APPENDIX C WETLAND MITIGATION PLAN CHECKLIST United City of Yorkville WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM If NOT PROVIDED, REQUIRED PROVIDED EXPLANATION N) M 1 . Narrative description of wetland impacts and proposed mitigation. Provide a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2. Narrative of proposed mitigation plan that includes a description of the following parameters: a, Hydrologic Conditions - Identify source(s) of water, both on-site and off-site surface and groundwater. Describe and provide model results of the expected hydroperiod (at a minimum, 2-yr, 10-yr, and 100-yr, 24-hr storm events) that include frequency, duration, and elevation of inundation or saturation. b, 1 ) Planting Plan - Describe each proposed plant community and approximate size. Provide a list of plant species for each community, including proposed cover crop. NOTE: All seed and plant material shall originate within 200 miles of site. 2) Planting narrative that describes the planting methods and planting schedule. c, Soil Characteristics - Provide a soil profile of the proposed conditions. Identify soil conditions that will be present from 12 - 24 inches below the surface. d, Topography - Submit existing and proposed grades with 1 -foot contour lines and reference elevations. 3. Specifications for wetland mitigation earthwork including final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement; water control structures, if applicable; BMP design and implementation if proposed within wetland buffer area; plant and seed procurement, installation methods and schedule; and all other appropriate specifications for the wetland mitigation activities. 4. Proposed implementation schedule that includes: a. Site preparation. b. Installation of soil erosion and sediment control measures. c. Planting schedule. Wetland Mitigation Plan i WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION M (�) 4. d. Post-planting maintenance and monitoring. 5. Maintenance and Monitoring Plan that includes: a. Proposed monitoring protocol that follows Section 4.4 of the Ordinance. b. Specified performance standards that follows Section 4.5. c. Proposed annual maintenance activities to be performed during the 5-year monitoring period. Activities should include, but not be limited to control of undesirable plant species, herbivore control, burn management, enhancement planting. 6. Provide a Wetland Mt igafion Plan Graphic that contains the following information. a. A summary table with acreage for each existing wetland, proposed impact acreage, and proposed mitigation acreage. b. Clearly identify proposed wetland impacts, wetland mitigation area(s) denoting creation vs. enhancement wetlands, and limits of required buffer areas. c. Planting Plan that includes a complete list of plants by common and scientific name for each community type; quantities per species of seed, plugs, rootstock, transplants, or propagules; and specific planting zones. d. Existing and proposed grades with 1 -foot contour lines and reference elevations to bench marks. e. Protection measures for all preserved Isolated Waters of Yorkville and Waters of the U.S. f. Location of water level control structures, BMPs, etc. 7. If off-site mitigation is proposed, the following maps shall be provided with the location of the mitigation site clearly marked: a. USGS topographic map. b. County soil survey. c. NWI map. d. NRCS swampbuster map (if applicable). e. Hydrologic Atlas. f. Aerial photograph(s). Wetland Mitigation Plan 2 WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 7. g. Site photographs. 8. Performance Security following the provisions of Article 10. 9. If owner of the property is different then the applicant, provide written assurance from the owner that the applicant has permission to use the site for mitigation. Wetland Mitigation Plan 3