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City Council Packet 2008 06-24-08 CIP �a United City of Yorkville 800 Game Farm Road EST. \ ` ; '836 Yorkville, Illinois 60560 Telephone: 630-553-4350 9 ' �® Fax: 630-553-7575 <LE w�a AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, June 24, 2008 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Mums Joe Besco 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., July 15, 2008 City Hall Conference Room Economic Development Committee: 7:00 p.m., July 3, 2008 City Hall Conference Room Administration Committee Meetine: 6:00 p.m., July 10, 2008 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., June 26, 2008 City Hall Conference Room Presentations: 1 . Water Conservation Presentation by Pete Wallers from EEI City Council Meeting Agenda June 24, 2008 Page 2 Public Hearings: 1 . DTD Investments, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an amendment to the Planned Unit Development. The real property consists of approximately 4.2 acres, located at the east side of Route 47, Yorkville, Illinois. Citizen Comments: Consent Agenda: 1 . PC 2008-03 Ordinance of the United City of Yorkville, Kendall County, Illinois, Amending the Zoning Code of Ordinances - authorize Mayor and City Clerk to execute 2. EDC 2008-18 Ordinance Amending the Code of Ordinances Authorizing the City to Impose Transition Fees on Behalf of School Districts #18 and #66 - authorize Mayor and City Clerk to execute 3 . ADM 2008-49 Monthly Treasurer's Report for April 2008 4. ADM 2008-52 Resolution Approving a Revised Salary Schedule - authorize Mayor and City Clerk to execute 5. ADM 2008-53 AmAudit Utility Audit Proposal - approve as presented 6. ADM 2008-54 An Ordinance Declaring the United City of Yorkville's Compliance with Illinois Prevailing Wage Act - authorize Mayor and City Clerk to execute 7. ADM 2008-46 Resolution Approving Revised Park, Gazebo, Shelter Reservation Policy - authorize Mayor and City Clerk to execute 8. ADM 2008-48 Resolution Approving a Bad Debt Policy - authorize Mayor and City Clerk to execute 9. PW 2008-83 Chignoli Auto — Sidewalk Covenant Agreement - authorize City Administrator to execute 10. PW 2008-84 Merlin Muffler — Plat of Easement - authorize Mayor and City Clerk to execute 11 . PW 2008-85 315 E. Van Emmon — Driveway Replacement - accept proposal from Kendall County Blacktop, Inc. as presented 12. PW 2008-86 Tower Lane Water Tower Rehabilitation — Bid Results — award contract to Jetco, Ltd. in an amount not to exceed $263,280. 00 Plan Commission / Zoning Board of Appeals: 1 . ZBA 2008-01 Ordinance Granting a Variance at 352, 354 and 356 Twinleaf Trail, City of Yorkville, Kendall County, Illinois Minutes for Approval (Corrections and Additions): Minutes of City Council — None City Council Meeting Agenda June 24, 2008 Page 3 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 363,792.48 (vendors) $ 288,470.44 (payroll period ending 6/7/08) $ 652,262.92 (total) Reports: Mayor's Report: 1 . CC 2008-47 Appointments to Boards and Commissions a. Robin Frisch — Chairman of Human Resource Commission b. Barb McClish — Human Resource Commission c. Sandy Lindblom — Library Board d. Mariannce Wilkinson — Library Board e. Barb Johnson — Library Board 2. CC 2008-48 Appointment to Replace Former Ward 1 Alderman Jason Leslie 3 . CC 2008-49 Cobb Park Playground Equipment 4. CC 2008-50 RFP Results for Heartland Circle City Council Report: 1 . CC 2008-51 Beautification Pilot Program City Attorney' s Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: City Council Meeting Agenda June 24, 2008 Page 4 Committee Reports: Public Works Committee Report: 1 . No Report. Economic Development Committee Report: 1 . PC 2008-08 Ordinance Approving an Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement 2. EDC 2007-38 Ordinance Amending Yorkville City Code regarding Signage Criteria Public Safety Committee Report: 1 . No Report. Administration Committee Report: 1 . ADM 2008-56 Amended and Restated Governing Ordinance Additional Business: Executive Session: 1 . For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2. For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ...........-- ---------------------- PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Sanitation and Waste Committee: Alderwoman Sutcliff City Council Meeting Agenda June 24, 2008 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ---- -- ----------------------------------------, '*CONOMIC DEVELOPMENT. Committee Departments Liaisons Chairman: Alderman Golinski Planning & Building & Zoning Chamber of Commerce Vice-Chairman: 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 ---------- --------------- ----------- 1PUBLIC SAFETYI 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 ---------------------------- -------------- iADMINISTRATION -- - - --------------------------------------------- Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, June 24, 2008 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: -......................-........---...................---.........-----......................... --------------------------------------- 1 . Water Conservation Presentation by Pete Wallers from EEI --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ...-...-......-........--.........---...........---..........................------------------...................--------.......... --- 1 . DTD Investments, LLC (Fountainview) --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: -------------------...--------......--------------------------------------------------------------------------------------------------- 1 . PC 2008-03 Ordinance Amending the Zoning Code of Ordinances ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------------------------------------------------------------.......................................... 2. EDC 2008-18 Ordinance Amending City Code Authorizing the City to Impose Transition Fees on Behalf of School Districts #18 and #66 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. ADM 2008-49 Monthly Treasurer's Report for April 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2008-52 Resolution Approving a Revised Salary Schedule ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------............-------------------..........................--------------------------------------------------------- 5. ADM 2008-53 AmAudit Utility Audit Proposal ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. ADM 2008-54 An Ordinance Declaring Compliance with Illinois Prevailing Wage Act ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. ADM 2008-46 Resolution Approving Revised Park, Gazebo, Shelter Reservation Policy ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------------------------------------------------------------------------------------------------------ --- 8. ADM 2008-48 Resolution Approving a Bad Debt Policy ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------------------------------------------------------------------------------------------------- -------- 9. PW 2008-83 Chignoli Auto — Sidewalk Covenant Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------------------------------------------------------------------------------------- ----------------- 10. PW 2008-84 Merlin Muffler — Plat of Easement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 11 . PW 2008-85 315 E. Van Emmon — Driveway Replacement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 12. PW 2008-86 Tower Lane Water Tower Rehabilitation — Bid Results ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION / ZONING BOARD OF APPEALS: ------------------------------------------------------------------------------------.............-------------------------------------- l . ZBA 2008-01 Ordinance Granting Variance at 352, 354 and 356 Twinleaf Trail ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------------ ------------ ------------------------ ------------------------------------------------------------------------- BILL LIST: --------------------------------------------------------------------------------------------------------------------------------------- El Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2008-47 Appointments to Boards and Commissions ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2008-48 Appointment to Replace Former Ward 1 Alderman Jason Leslie ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . CC 2008-49 Cobb Park Playground Equipment ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -------------------------------------------------------------------------------------------------------------- ------------------------- 4. CC 2008-50 RFP Results for Heartland Circle ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- CITY COUNCIL REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . CC 2008-51 Beautification Pilot Program ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PC 2008-08 Ordinance Approving and Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2007-38 Ordinance Amending Yorkville City Code regarding Signage Criteria ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: -----------------------------------------------------------------------------------------------------.................................. 1 . ADM 2008-56 Amended and Restated Governing Ordinance ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- ♦��D C1.7-, By: Agenda Item Number 0 Legal ■ ?,!�;r i�� tit'_ '1 : $ d A� Finance ❑ EST. ; �-�. _ 1836 ■ Engineer Tracking Number < y City Administrator ❑ 09 - 20 Consultant ❑ PC 2008-08 <CE ��'♦ F1 Agenda Item Summary Memo Title: Fountainview Annexation Agreement Amendment Request Meeting and Date: City Council/June 24, 2008 Synopsis: Request to amend the Annexation Agreement to allow for adjustments to the front and side yard setbacks for Lot 3 of the Fountainview Subdivision Council Action Previously Taken: Date of Action: April 24,2007 Action Taken: Annexation Agreement Approval May 22, 2007 Preliminary/Final Plat Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation Agreement Amendment Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report ,z 0A To:EDC Memorandum EST. \_ 1836 From: Travis Miller CC: Lisa Pickering,Deputy Clerk(for distribution) :gym. p Date: May 27,2008 Subject: PC2008-08 Fountainview/DTD Investments (Amendment) <CE Application The petitioner is seeking to amend the existing Annexation Agreement,Ordinance 2007-33, so the north half right-of-way is 33',with a 30' building setback from the proposed right-of-way. The existing Agreement states, "OWNERIDEVELOPER shall establish a 30'building setback line for principal structures;from the roadway being constructed on an Easement granted by the County of Kendall Highway Department. OWNER/DEVELOPER may install parking, signage, and landscaping in said setback."" Staff Comments and Recommendations: The Subdivision Control Ordinance(SCO)requires a 39' roadway with an 80' right-of-way(40' half right-of-way). The petitioner received,as part of the 2007 PUD Agreement,a 66'right-of- way(resulting in a 33' half right-of-way) as well as agreed to establish a 30' building setback measured from this right-of-way. As the plat of subdivision has been prepared,some issues have surfaced that require further elaboration in the annexation agreement. These include: Sidewalk location—The reduction of right-of-way limits the amount of area for the sidewalk to be located within. Staff has recommended and the petitioner has agreed to create an easement parallel and outside of the right-of-way line for the sidewalk. The proposed amendment includes this provision. Building envelope reduction—Staff recommended the reduction of right-of-way be conditioned upon the building setback be at the same location as it would have been with the required right-of-way. This equates to a setback for Lot 3 being 37'. Staff has recommended and the petitioner has agreed to reduce the side yard setback(opposite the street)by 7'—leaving a setback of 13'. The proposed amendment includes this provision. United City of Yorkville Ordinance No.2007-33"Ordinance of Authorizing the Execution of an Annexation Agreement of(Fountain View)" I II 29�.1Y 15' pu DE Ev IND--J r — — —. i ( —i9'PLBNC U7LIN AKD ~ 4� I _ - - I II am _ _r CRANAE E/�l,s]!r • �IS•PD�aUC U1GE AND CRAMAGE .w — ` — .I � 20.00' I 19.00'PUBUC� �9LR4N6 SE7aACR T— --{ 11 I I� Ull]TY NOD WUNACE I' G Enxosuwr.A»srtN EASEU{ttr, eA r MO P.B. A D F- � r G><5NM'hfa.l � 9.1 c II LOT 3 c IB5 FWf{TAINNEW C11tl5£ f- SD'eatANb 5E -� 33.741 SF (GROSS) W M ACRES (G =) h •' W wax UrAny laS c. AND DRNNAOE I �� EASBMNT w _ o :--••—,1--� , �. .y. Eye{ •�; •t. _1� D i 1 I. 4 %'HI.IILPl�Sf1UA`X ,1# — G � QL ID El43iElE� R FC�UM'AIWV EW DRIVE 504,!3 S86.16 21-E<M> I� 30 LF. I n°of C [URaa-aim n(T D AL'Ra � M _ g AaN+JEN atArE '� e. AT ma OF PA '-T RE PAIM405-05-402-016 /�i/7�' j .�.lJ/�(,/ ////// SEEWHK ayD - - CCLNrY CC KENDALL / /// �/jY�l D.va� 77J`/jyrrj•� .� ._.` TM�. Pr�Pagn.�wirLr ~�• •' +i :.:.:-• ;...: ELOCATE EXISTING s41ta "WWAY DEPT. ME!1 Po0t SIRE[ x�'' APRON MAST ASD INSTAIL STREET WRAMUL IL 60560 II/I//IIII// LI ON WST PCLE NENDALL COMY ICNN: /// // // / / / ILPE 5NfIR R.O.W.NAE CC FOUNTRNVEW DMW cr aV'ERTLP PAI,Q r l C C C i G February 7, 2008 March 19, 2008 STATE OF ILLINOIS ) Anril 2R. 2008 COUNTY OF KENDALL ) AMENDED ANNEXATION/PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE AND DTD INVESTMENTS, L.L.C. DATED April 24, 2007 TO THE UNITED CITY OF YORKVILLE FOR DTD INVESTMENTS, LLC AN ILLINOIS LIMITED LIABILITY COMPANY (FOUNTAINVIEW) THIS AGREEMENT is made and entered into this _ day of , 2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), DTD INVESTMENTS, LLC AN ILLINOIS LIMITED LIABILITY COMPANY, (hereinafter referred to as "OWNER/DEVELOPER"), of the County of Kendall, State of Illinois . WITNESSETH WHEREAS, DEVELOPER is the OWNER/DEVELOPER of real property which is the subject matter of said Agreement comprising approximately 4.214 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY"; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and the Subject Property was previously annexed to the 1 United City of Yorkville under Document #200700018953; and Deleted: the requested WHEREAS, DEVELOPER desires to allowa fiont buildi,n« setback of thirty seen (3 _ _.. Deleted: s Deleted: 0 _ feet for the building,t, ba co.usiructac! on Lo 3 c * Fotrm ; mvtaw ma' uwred fnm the h`aflr . - Deleted: a Deleted: from IZiht-of-�4ay line of the Fountainview Drive C?iJit-of=Rruy: ,�he dedicated Fountainview Road _ Deleted: of Right-of-Way shalt oonqlisi of sixty-six (66') feetwith thjrn rinae :3Y a ' drat oioposcd Right Deleted: ; of- a� being located on f,e Korth half of the Fountai^vX�s Dr n e on the urooerty of Petitioner: and 'Devclo jer shall mahitain a thirteen t LV foot sideyard setback for the North side of the buildins to be con,n-ucted on Lot 3. and a ten (10') foot parking setback from said roadway as measured from the north Right-of-Way line of Fountainview Road. DE V ELOPER ;hnl I install at its ex arse a sidewalk on the North aide "rfFotmtoinview Drive parallel with Foontainviet+t Drive in an Easement granted by the DEVELOPER to the CITY outside of said Aleut-of-GN ay on . - Deleted: a the SUBJECT PROPERTY all as legally described in Exhibit "A" as 4.. the SUBJECT Deleted: " j Deleted: PROPERTY,and as depicted in the Plan Exhibit `B" which delineates all proposed setbacks _ " attached hereto and incorporated herein by reference; and WHEREAS, OWNER/DEVELOPER is desirous of developing with the setbacks as set out in the Plan and Memorandum in Exhibit `B" attached hereto and incorporated herein by reference and which is entitled "Fountainview Building Setbacks" as prepared by MeritCorp, P.C. and dated January 25, 2008; and WHEREAS the CITY and its Plan Commission has considered the Petition to Amend the Annexation/PUD Agreement as to the SUBJECT PROPERTY, and the Plan Commission recommended approval of said PUD Amendment as to setbacks, which we depicted in the attached Exhibit `B" and which remains as shown in the Site Plan originally tendered to and 2 reviewed by the CITY with the original Annexation Petition and Ordinance; and WHEREAS, OWNER/DEVELOPER has presented, and the CITY has considered, the PUD Setback (Exhibit `B") for the SUBJECT PROPERTY and is in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing in front of the CITY Council on _April , 2008, as to said requested PUD Amendment and prior to the execution of this AGREEMENT; and said Public Hearing Notice, was duly published and a public hearing were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5111-15.1-1 through 51.1-5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the 3 procedure for the authorization, approval and execution of this Amendment to Annexation/ Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111- 15.1-1 through 65 ILCS 5111-15.1-5, as amended, as follows: A. ZONING. The CITY shall adopt an ordinance approving the requested PUD Amendment as to the SUBJECT PROPERTY described herein in the attached Exhibit "A" as to the setbacks for the construction of the Fountainview Project as set out in the attached Exhibit (i) That the SUBJECT PROPERTY shall be developed as to setbacks in substantial conformance with the attached PUD Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit "B", as prepared and dated - oe�ecetl: .tenumyzs, zooa , . 00 S from Merit Engineering. Re-orientation of building foot prints _ or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require finther public hearing. (ii) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. B. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, to expedite the subject matter hereof. It is further understood and agreed by the parties —4— that the successful consummation of this Agreement requires their continued cooperation. C. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. Except to the extent modified herein the original Annexation/Planned Unit Development Agreement entered into between the parties are hereby ratified and re-confined as the Agreement of the parties. D. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. E. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: , City Attorney 800 Game Farm Road —5— Yorkville, IL 60560 To DEVELOPER: Dean Tomich DTD Investments, LLC 815 N. Larkin Ave., Ste. 202 Joliet, IL 60435 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. F. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. G. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. —6— IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of 2008. UNITED CITY OF YORKVILLE By: Valerie Bard, Mayor Attest: CITY Clerk Dated: DEVELOPER: DTD INVESTMENTS, LLC By: —7— Attest: Dated: Prepared by and Return to: Law Offices of Daniel J. Kramer 1109A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —8— EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Fountainview Building Setbacks —9— United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-5534350 Fax: 630-553-7575 Ls P PC # APPLICATION & PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT Development Name: FoLihtainview Date of Submission: 1 . Name of Petifioner(s): DTD Investments , LLC Address: 815 N', Larkin Ave. , Ste. 202 Joliet, IL 60435 Phone Number. 815-744-8789 Fax Number. 815-744-0906 Email Address: Dean @DTDINVESTMENTS Relationship of Petitioner(s) to subject property: Owner J Developer 0 Contract Purchaser 2. Name of holder of legal title, if different from #1 : N /A If legal title is held in a Land Trust,.list the names of all holders of any beneficial interest therein: N /A 3. a). Street address and physical location of subject property: East s7rde of Route 47 b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 4 . 214 d). Kendall County Parcel Number(s) of property: 05-04-300-023 , 05-Ot-400-015 e). Current Zoning Classification: B-3 Business Dist . , B-1 Business Dist . , O-Office Dist . f). Zoning Classification Requested if changing zoning: no change 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit "B".) Page I or4 United City or Yorkville AtnendAnnexafion/PUD Application Revised! 1128/06 5. Date of Annexation or PUD Agreement sought to be amended: April 24, 2007 Name of Agreement: Annexation Agreement to the United City of Yorkville 8 DTD Date of Recording: June 18 , 2007 Inves'finents,CLC Property Attach a true and correct copy of agreement as Exhibit "C". 6. State the items to be amended from the existing annexation or PUD agreement. To permit setbacks to lots as attached in Exhibit "D" 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Daniel J . Kramer, 1107A S . Bridge St . , Yorkville, IL 60560 phone : 553-9500 fax : 553-5764 Attorney: Name: Daniel J . Kramer Address: 1107A S . Bridge St . , Yorkville, IL 60560 Phone Number. 553-9500 Fax Number. 553-5764 Email Address: DkramerMankramerlaw , com Engineer. Name: MeritCorp Address: 20 S . Main St. , Oswego, IL 60543 Phone Number. 630-554-6655 Fax Number. 630-554-7788 Email Address: Land Planner. Name: N /A Address: Phone Number. Fax Number. Email Address: S. Submit the following to the Deputy Clarkin order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route, Step 1, Fees andlor contact the Deputy Clerk for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. Page 2 of United City of Yorkville AmendAnnemtion/PUD Application Revised: IUU106 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge Its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. S Date: Petitioner(s) Signature: (All legal property owners of record signatures must appear on this application) / r Subscribed and sworn to before me this day of . 200 Notary Seal THIS APPLICATION MUST BE NOTARIZED. Page 3 of 4 United City ofYork�dlle Amendknnexation/PUD Application Revised: 1128/06 AMENDMENTTO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. `Fees: 1 . a. AnnexabonJPUD Amendment - $500 b. Deposit for Outside Consultants - under 2 acres = $1,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and . costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should OwnedDeveloper not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note. You must present your plan at each of the meetings below as indicated. Step 2: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement. For a public hearing, the petitioner shall complete and submit to the Clerk's office an application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to Committee of the Whole, a "draft° Amendment to Annexation or PUD Agreement must be written. Step 3: Committee of the Whole: The Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 4: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your record o the PpCle :`lJnited City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Spa f Pet i ner . Page 4 of 4 United City of Yorkville AmendAnnexationtPUD Application Revved: 11/28106 EXHIBIT "A„ LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 4 AND PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 89 DEGREES, 40 MINUTES, 05 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655.52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH, THENCE SOUTH I DEGREE, 44 MINUTES, 07 SECONDS EAST ALONG SAID TANGENT CENTER LINE AND SAID TANGENT CENTER LINE EXTENDED, 3511. 16 FEET; THENCE NORTH 89 DEGREES, 29 MINUTES, 40 SECONDS EAST 548.60 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES, 29 MINUTES, 40 SECONDS WEST ALONG THE LAST DESCRIBED COURSE 548.60 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 AFORESAID; THENCE SOUTH 1 DEGREE, 44 MIINUTES, 07 SECONDS EAST ALONG SAID CENTER LINE 489.07 FEET; THENCE SOUTH 86 DEGREES, 11 MINUTES, 02 SECONDS EAST 575.53 FEET TO A LINE DRAWN SOUTH 4 DEGREES, 21 MINUTES, 07 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE NORTH 4 DEGREES 21 MINUTES, 07 SECONDS WEST ALONG SAID LINE 533.53 FEET TO THE POINT OF BEGINNING (EXCEPT THE SOUTHERLY140 FEET, AS MEASURED ALONG THE EAST LINE THEREOF AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED RECORDED MAY 8, 1990 AS DOCUMENT 90-2884) IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. 0 C1T, Reviewed By: Agenda Item Number 0 ". T Legal ■ (1 it ESL 'y AN 1836 Finance ❑ 1I Engineer ❑ Tracking Number 0 y City Administrator F1 Ig -J- Ri O Consultant ❑ PC 2008-03 Agenda Item Summary Memo Title: Zoning Ordinance Text Amendment Chapter 14 Sectionsl0-14-5, 6, 7, 8, and 9 Meeting and Date: City Council/June 24,2008 Synopsis: Zoning Ordinance Text Amendment recommendation to make the Ordinance and the current application procedures consistent to each other. Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of proposed amendments Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report `�fpD C ,2 o� Memorandum 1 To: EDC EST. 1 _._ _--- _ 1336 From: Travis Miller and Charles Wunder,AICP CC: Lisa Pickering,Deputy Clerk(for distribution) Date: 5/27/2008 `�`�� Subject: Zoning Ordinance Chapter Fourteen Amendment- LE Application procedures/requirements Plan Commission Action: The Plan Commission reviewed the amendment recommendation May 14,2008 and made the following action: - Motion to recommend approval of the text amendment as presented with the following modifications: • Describe the method of determining affected properties by clearly stating how the measurement from the subject property is taken using the boundary of the subject property as the starting point; and • Use 500 feet as the dimension to measure when determining affected properties. 6 ayes; 0 no Staff Comments: The proposed amendments to Chapter 14 of the Zoning Ordinance could be characterized as "housekeeping"amendments. Chapter 14"Zoning Administration and Enforcement"outlines the procedures the Zoning Ordinance is enforced, amended,varied, Special Uses granted and Annexation Agreements enacted.The proposed changes clarify what needs to be done,when it needs to be done and who is responsible for doing them. The proposed text amendment are in: Section 10-14-5 Variations, Section 10-14-6 Special Uses, Section 10-14-7 Amendments, Section 10-14-8 Annexation Agreements, and Section 10-14-9 Fees (updating to current rates) The recommendations by the Plan Commission(above)have been addressed with the May 27, 2008 proposed draft. REDLINE DRAFT _ 10-14-1: ENFORCEMENT: A. Zoning Officer: The City Building Inspector, hereinafter referred to as the "Officer", is designated as the Zoning Officer of the City, to be responsible for enforcing this Title. Said Officer shall have the power and shall see that the provisions of this Title are properly enforced. B. City Officers, Employees and Citizens: It shall also be the duty of all officers, citizens and employees of the City, particularly of all members of the Police and Fire Departments, to assist the Building Inspector by reporting to him any new construction, reconstruction, improved land uses or upon any seeming violation. (Ord. 1973-56A, 3-28-74) 10-14-2: PLAN COMMISSION: The City Plan Commission, which has been duly created by the Mayor 128 , shall have the authority, responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the Mayor and City Council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate, direct and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council not less frequently than once each year. C. To hear and decide all matters upon which it is required to pass under this Title. (Ord. 1973- 56A, 3-28-74) 10-14-3: BUILDING PERMITS: A. Building Permit: 1 . Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the Officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title. 3. Site Plan: Every application for a building permit submitted to the Officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this Title. REDLINE DRAFT B. Sign Permit: No sign shall be erected, reconstructed, enlarged or moved until a sign permit shall have been applied for in writing and issued by the Officer 129 . (Ord. 1973-MA, 3-28- 74) 10-14-4: CERTIFICATE OF OCCUPANCY: A. Certificate Required: 1 . A certificate of occupancy to be issued by the Officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued. B. Application for Certificate; Action on: 1 . Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certificate shall be acted upon within three (3) days after a written request for the same has been made to the Officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this Title. 2. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Officer. If the proposed use is in conformity with the provisions of this Title, the certificate of occupancy therefore shall be issued within three (3) days after the application for the same has been made. C. Temporary Certificate of Occupancy: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the City relating to the use or occupancy of the land or 2 REDLINE DRAFT building, or any other matter covered by this Title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. D. Contents of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Title. E. Records Kept: A record of all certificates of occupancy shall be kept on file in the office of the Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. (Ord. 1973-56A, 3-28-74) 10-14-5: VARIATIONS: A. Authority: The Zoning Board of Appeals, after a public hearing, may determine and vary the regulations of this Title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Title. B. Application for Variation; Hearing: An application for a variation shall be filed in writing with the Zoning Officer. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this Section on which the Zoning Board of Appeals may act shall be submitted to the Zoning Board-e€Appeals Zoning Officer and acted on in the following manner: 1 . Notice of Hearing: The Zoning Board ef Appeal City Clerk shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Notice shall be published at least fifteen (15) days but not more than thirty (30) days in a paper of general circulation in the City. te the petitioner- and the owners of ag pp8pefty deemed by the Zoning Beai-7d ef Appeals to be a€feeted thereby: The applicant shall also provide a copy of this notice to all property owners whose lot or portions of lot lies within 500 feet of the subject property of the variance request measured from the subject property's boundary. The applicant shall send the notice by certified mail properly addressed as shown on the Tax Assessors rolls and with sufficient postage affixed thereto and return receipt requested. Copies of the return receipt must be submitted to the City Zoning Office at least 24 hours before the Public Hearing. 2. Decisions by Zoning Board of Appeals; Council Action: The Zoning Board of Appeals shall, within thirty (30) days after the public hearing or hearings, make its recommendations to the City Council in writing. The City Council shall then act upon such petition for variation within a reasonable time. 3 REDLINE DRAFT C. Standards for Variations: 1 . The Zoning Board of Appeals shall not vary the regulations of this Title, nor recommend to the City Council variation of this Title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois Municipal Code 130 are complied with and the following: a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. c. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 2. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this Title. D. Authorized Variations: 1 . Variations from the regulations of this Title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in subsection C of this Section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations, but by not more than twenty five percent (25%). b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this paragraph is not to be reduced by any other percentage for minimum lot width and area set forth in this Title. 4 REDLINE DRAFT c. To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater. e. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served. f. To increase by not more than twenty percent (20%) the gross area of any sign. g. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. h. To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. i. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to grant a variation. 2. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of two- thirds (2/3) of the elected members of the City Council shall be necessary to reverse the recommendations of the Zoning Board of Appeals. (Ord. 1973-56A, 3-28-74) 10-14-6: SPECIAL USES: A. Purpose: The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories: 1 . Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. 5 REDLINE DRAFT B. Initiation of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the City Clerk and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to tune. D. Hearing on Application: Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing. At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, the City Clerk shall publish the notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the City. The applicant shall give notice of the public hearing to all property owners whose lot or portions of lot lies within 500 feet of the subject property measured from the subject property's boundary. The applicant shall send the said notice by certified mail properly addressed as shown on the County Tax Assessors rolls and with sufficient postage affixed thereto and return receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. E. Authorization: For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the City Council. F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1 . The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3 . The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 6 REDLINE DRAFT 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) 10-14-7: AMENDMENTS: A. Initiation: Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals or any property owner. B. Processing: 1 . Filing of Application; Contents: An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 2. Notices: The Phaii Cemmissie Zoning Officer shall give notices of the public hearings to the applicant. detefmined by the Plan Commission-. The applicant shall send written notices to all property owners of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices giving All aetiees shall be in mTitiffg and shall give the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. 3 . Publication: The Zoning Officer shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. 4. Hearing: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. (Ord. 1973-56A, 3-28-74) 5. Findings of Fact and Recommendation of the Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit same, together with its recommendations to REDLINE DRAFT the Mayor and City Council. Where the purpose and effect of the proposed amendment are to change the zoning classification of particular property, the Plan Commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) C. Decisions: 1 . Plan Commission: a. The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application for an amendment. b. Report to the City Council shall contain number present and number of votes for against the motion. 2. Mayor and City Council: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six (6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. (Ord. 1973-56A, 3-28- 74) a REDLINE DRAFT 10-14-8: ANNEXATION AGREEMENTS: A. Petition for Annexation Agreement: All annexation agreements shall be initiated by the filing of a petition with the City Clerk. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation agreement. B. Request for Zoning Amendments or Variations: 1 . All petitions for annexation agreement requesting a zoning classification other than the zoning classification assigned to lands annexed to the City or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the City. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in Section 10-14-9 of this Chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. The Plan Commission shall hold a public hearing on the zoning amendment aspects of Annexation Agreements. Notice of the Public Hearing shall include the time, place and purpose of the Public Hearing and be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of the hearing. The applicant shall send written notices to all property owner of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such bearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. In the event that a zoning variation is being requested as part of the Annexation Agreement the Zoning Board of Appeals shall hold a public hearing on the zoning variation request in the Annexation Agreement. Notice of the Public Hearing shall include the time, place and purpose of the Public Hearing and be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of the hearing. The applicant shall send written notices to all property owners of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. 3. The Plan Commission and Zoning Board of Appeals, after consideration and hearing of the request for zoning amendment or variations incidental to the part of petitions for annexation 9 REDLINE DRAFT agreement, shall make specific findings of fact and recommendations with respect to zoning amendments or variations upon the property included within the annexation agreement, as in all cases within the jurisdictional limits of the City. C. Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the City, or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the City Council and Mayor of the City shall set the time and place of public hearing and the City Clerk shall cause notice of the said hearing to be published in the manner specified in subsection D hereof. D. Public Notice and Hearing: At the conclusions of the hearings before the City Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations, the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement. Thereafter, the City Clerk shall cause public notice, as provided in the statutes, to be published one time in a newspaper of general circulation in the City of Yorkville, giving notice of the time and place of the public hearing for the annexation agreement before the Mayor and City Council, said notice to be published not less than fifteen (15) nor more than thirty (30) days prior to public hearing before the said Mayor and Council. (Ord. 1973-56A, 3-28-74) The applicant shall send written notices to all property owners of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. 10 REDLINE DRAFT 10-14-9: FEES 13' A. Fee Schedule: A certified check shall accompany an application form for an amendment, appeal, special use, temporary use, variation or zoning certificate. The fee shall be based on the following schedule: Minimum or Fixed Fee Maximum Fee AMENDMENTS To the text of the Title $85.00 $ 300.00 To the Zoning Map Base fee 85.00 For each acre, up to and including 20 10.00 500.00 acres For each acre in excess of 20 acres 5.00 APPEALS FROM DECISIONS OF THE $85.00 ZONING ADMINISTRATOR SPECIAL USES Planned Developments Base fee $300.00 For each acre up to and including 20 acres 10.00 $2,500.00 For each acre in excess of 20 acres 5.00 All Other Special Uses Base fee $250.00 $ 500.00 For each acre 5.00 TEMPORARY USES $25.00 VARIATIONS $85.00 ZONING CERTIFICATES Single-Family Residences $5.00 All Others 25.00 B. Minimum Fees: The minimum fees are established to cover the expenses that may be incurred due to staff time plus consultant's time required to review and process such application, and 11 REDLINE DRAFT other expenses such as printing and publication of notices, postage and other costs. The minimum fees are payable at the time of filing of application for any request covered above. C. Maximum Fees: The maximum fees are established to reimburse the City for charges incurred over and above the minimum fees due to the complexity of the project to be reviewed and also due to studies that may be needed in addition to those provided by the petitioner. The maximum fees are payable upon receipt of an invoice from the City during the course of processing the petition. The City shall invoice the petitioner for expenses in excess of the minimum fees already paid at the time of submission. The petitioner shall not be invoiced more than once a month. The total sum of the fees charged to the petitioner shall not exceed the amount stated as maximum fee. D. Consultants' Fees and Payment to City Personnel: 1 . Payment to all consultants retained by the City in any capacity connected with the application shall be based on mutually agreed upon contracts formally authorized by the City Council. The computation of the City's staff time shall be based on salaries of the City personnel involved plus fifty percent (50%) to cover overhead and administration. 2. At no time shall there be any transfer of funds from any developer to any consultant or City staff personnel. All payment to consultants shall be executed only under the conditions specified in the paragraph above, and the developers shall be invoiced directly and solely by the City. (Ord. 1973-56A, 3-28-74) 10-14-10: PENALTIES: Any person who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined as provided in Section 1 -4-1 of this Code. (Ord. 1973-56A, 3-28-74; 1994 Code) 12 FINAL DRAFT 10-14-1: ENFORCEMENT: A. Zoning Officer: The City Building Inspector, hereinafter referred to as the "Officer", is designated as the Zoning Officer of the City, to be responsible for enforcing this Title. Said Officer shall have the power and shall see that the provisions of this Title are properly enforced. B. City Officers, Employees and Citizens: It shall also be the duty of all officers, citizens and employees of the City, particularly of all members of the Police and Fire Departments, to assist the Building Inspector by reporting to him any new construction, reconstruction, improved land uses or upon any seeming violation. (Ord. 1973-56A, 3-28-74) 10-14-2: PLAN COMMISSION: The City Plan Commission, which has been duly created by the Mayor 2-' , shall have the authority, responsibility and duties as set forth herein and as follows: A. To hear and report findings and recommendations to the Mayor and City Council on all applications for amendments and special use permits in the manner prescribed by standards and other regulations set forth herein. B. To initiate, direct and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council not less frequently than once each year. C. To hear and decide all matters upon which it is required to pass under this Title. (Ord. 1973- 56A, 3-28-74) 10-14-3: BUILDING PERMITS: A. Building Permit: 1 . Permit Required: No building or structure shall be erected, reconstructed, enlarged or moved until a building permit shall have been applied for in writing and issued by the Officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving. 2. Compliance With Provisions: Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title. 3 . Site Plan: Every application for a building permit submitted to the Officer shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this Title. FINAL DRAFT B. Sign Permit: No sign shall be erected, reconstructed, enlarged or moved until a sign permit shall have been applied for in writing and issued by the Officer L2— . (Ord. 1973-56A, 3-28- 74) 10-14-4: CERTIFICATE OF OCCUPANCY: A. Certificate Required: 1 . A certificate of occupancy to be issued by the Officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of nonconforming use. 2. No such occupancy, use or change of use shall take place until a certificate of occupancy therefore shall have been issued. B. Application for Certificate; Action on: 1 . Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certificate shall be acted upon within three (3) days after a written request for the same has been made to the Officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this Title. 2. Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Officer. If the proposed use is in conformity with the provisions of this Title, the certificate of occupancy therefore shall be issued within three (3) days after the application for the same has been made. C. Temporary Certificate of Occupancy: Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Officer for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the City relating to the use or occupancy of the land or 2 FINAL DRAFT building, or any other matter covered by this Title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. D. Contents of Certificates: Each certificate of occupancy shall state that the building or proposed use of a building or land complies with all provisions of this Title. E. Records Kept: A record of all certificates of occupancy shall be kept on file in the office of the Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. (Ord. 1973-56A, 3-28-74) 10-14-5: VARIATIONS: A. Authority: The Zoning Board of Appeals, after a public hearing, may determine and vary the regulations of this Title in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed, and finther finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Title. B. Application for Variation; Hearing: An application for a variation shall be filed in writing with the Zoning Officer. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this Section on which the Zoning Board of Appeals may act shall be submitted to the Zoning Officer and acted on in the following manner: 1 . Notice of Hearing: The City Clerk shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Notice shall be published at least fifteen (15) days but not more than thirty (30) days in a paper of general circulation in the City. The applicant shall also provide a copy of this notice to all property owners whose lot or portions of lot lies within 500 feet of the subject property of the variance request measured from the subject property's boundary. The applicant shall send the notice by certified mail properly addressed as shown on the Tax Assessors rolls and with sufficient postage affixed thereto and return receipt requested. Copies of the return receipt must be submitted to the City Zoning Office at least 24 hours before the Public Hearing. 2. Decisions by Zoning Board of Appeals; Council Action: The Zoning Board of Appeals shall, within thirty (30) days after the public hearing or hearings, make its recommendations to the City Council in writing. The City Council shall then act upon such petition for variation within a reasonable time. C. Standards for Variations: 3 FINAL DRAFT 1 . The Zoning Board of Appeals shall not vary the regulations of this Title, nor recommend to the City Council variation of this Title, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois Municipal Code L30 are complied with and the following: a. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carved out. b. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. c. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. d. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. e. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. 2. The Zoning Board of Appeals may impose such conditions and restrictions upon the premises benefrtted by a variation as may be necessary to comply with the standards established in this subsection to reduce or rmm'n ze the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this Title. D. Authorized Variations: 1 . Variations from the regulations of this Title shall be granted by the Zoning Board of Appeals only in accordance with the standards established in subsection C of this Section and may be granted only in the following instances and in no others: a. To permit any yard or setback less than the yard or setback required by the applicable regulations, but by not more than twenty five percent (25%). b. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or widths of the lot or lots but in no event shall the respective area and width of the lot or lots be less than ninety percent (90%) of the required area and width. The percentage set forth in this paragraph is not to be reduced by any other percentage for minimum lot width and area set forth in this Title. 4 FINAL DRAFT c. To permit the same off-street parking facility to qualify as required facilities for two (2) or more uses, provided the substantial use of such facility by each use does not take place at approximately the same hours of the same days of the week. d. To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or twenty percent (20%) of the applicable regulations, whichever number is greater. e. To increase by not more than twenty five percent (25%) the maximum distance that required parking spaces are permitted to be located from the use served. f. To increase by not more than twenty percent (20%) the gross area of any sign. g. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations. h. To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. i. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to grant a variation. 2. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of two- thirds (2/3) of the elected members of the City Council shall be necessary to reverse the recommendations of the Zoning Board of Appeals. (Ord. 1973-56A, 3-28-74) 10-14-6: SPECIAL USES: A. Purpose: The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories: 1 . Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. s FINAL DRAFT B. Initiation of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the City Clerk and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to time. D. Hearing on Application: Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing. At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, the City Clerk shall publish the notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the City. The applicant shall give notice of the public hearing to all property owners whose lot or portions of lot lies within 500 feet of the subject property measured from the subject property's boundary. The applicant shall send the said notice by certified mail properly addressed as shown on the County Tax Assessors rolls and with sufficient postage affixed thereto and return receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. E. Authorization: For each application for a special use, the Plan Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of two-thirds (2/3) of all members of the City Council. F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1 . The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3 . The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 6 FINAL DRAFT 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) 10-14-7: AMENDMENTS: A. Initiation: Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals or any property owner. B. Processing: 1 . Filing of Application; Contents: An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 2. Notices: The Zoning Officer shall give notices of the public hearings to the applicant. The applicant shall send written notices to all property owners of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. 3. Publication: The Zoning Officer shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. 4. Hearing: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. (Ord. 1973-56A, 3-28-74) 5. Findings of Fact and Recommendation of the Plan Commission: Within forty five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit same, together with its recommendations to the Mayor and City Council. Where the purpose and effect of the proposed amendment are to change the zoning classification of particular property, the Plan Commission shall make 7 FINAL DRAFT findings based upon the evidence presented to it in each specific case with respect to the following matters: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) C. Decisions: 1 . Plan Commission: a. The Plan Commission may hear a request for any change in zoning and may recommend a zoning classification more restrictive than that requested. A concurring vote of a majority of those members present at the meeting with a minimum of three (3) concurring votes shall be required to recommend granting or denying an application for an amendment. b. Report to the City Council shall contain number present and number of votes for against the motion. 2. Mayor and City Council: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six (6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. (Ord. 1973-56A, 3-28- 74) 8 FINAL DRAFT 10-14-8: ANNEXATION AGREEMENTS: A. Petition for Annexation Agreement: All annexation agreements shall be initiated by the filing of a petition with the City Clerk. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the annexation agreement. B. Request for Zoning Amendments or Variations: 1 . All petitions for annexation agreement requesting a zoning classification other than the zoning classification assigned to lands annexed to the City or for variations shall be processed in the same manner as a petition for a request for zoning amendments or variations, as provided herein, for lands within the jurisdictional limits of the City. All such requests for zoning amendments or variations shall be accompanied by the fees as provided in Section 10-14-9 of this Chapter, and the said fees shall be paid at the time of filing the petition for annexation agreement. 2. The Plan Commission shall hold a public hearing on the zoning amendment aspects of Annexation Agreements. Notice of the Public Hearing shall include the time, place and purpose of the Public Hearing and be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of the hearing. The applicant shall send written notices to all property owner of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. In the event that a zoning variation is being requested as part of the Annexation Agreement the Zoning Board of Appeals shall hold a public hearing on the zoning variation request in the Annexation Agreement. Notice of the Public Hearing shall include the time, place and purpose of the Public Hearing and be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of the hearing. The applicant shall send written notices to all property owners of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. Copies of the return receipt must be submitted to the City's Zoning Office at least 24 hours before the Public Hearing. 3. The Plan Commission and Zoning Board of Appeals, after consideration and hearing of the request for zoning amendment or variations incidental to the part of petitions for annexation agreement, shall make specific findings of fact and recommendations with respect to zoning 9 FINAL DRAFT amendments or variations upon the property included within the annexation agreement, as in all cases within the jurisdictional limits of the City. C. Other Annexation Agreement Requests: In all cases of petitions for annexation agreement which do not include requests for zoning classifications, other than those assigned to property annexed to the City, or a request for variations, the City Council may refer the petition to such committees or bodies as it deems appropriate, or as required by law, for study and recommendations. Upon receiving the recommendations of such committees or bodies, or, if no such referral is made, the City Council and Mayor of the City shall set the time and place of public hearing and the City Clerk shall cause notice of the said hearing to be published in the manner specified in subsection D hereof. D. Public Notice and Hearing: At the conclusions of the hearings before the City Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations, the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement. Thereafter, the City Clerk shall cause public notice, as provided in the statutes, to be published one time in a newspaper of general circulation in the City of Yorkville, giving notice of the time and place of the public hearing for the annexation agreement before the Mayor and City Council, said notice to be published not less than fifteen (15) nor more than thirty (30) days prior to public hearing before the said Mayor and Council. (Ord. 1973-56A, 3-28-74) The applicant shall send written notices to all property owners of lots or portions of lots within 500 feet of the subject property measured from the subject property's boundary with said notices on the Tax Assessor's rolls and with sufficient postage affixed thereto, with return giving the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown receipt requested. Copies of the return receipt must be submitted to the City' s Zoning Office at least 24 hours before the Public Hearing. 10 FINAL DRAFT 10-14-9: FEES 1s1 A. Fee Schedule: A certified check shall accompany an application form for an amendment, appeal, special use, temporary use, variation or zoning certificate. The fee shall be based on the following schedule: Minimum or Fixed Fee Maximum Fee AMENDMENTS To the text of the Title $85.00 $ 300.00 To the Zoning Map Base fee 85.00 For each acre, up to and including 20 10.00 500.00 acres For each acre in excess of 20 acres 5.00 APPEALS FROM DECISIONS OF THE $85.00 ZONING ADMINISTRATOR SPECIAL USES Planned Developments Base fee $300.00 For each acre up to and including 20 acres 10.00 $2,500.00 For each acre in excess of 20 acres 5.00 All Other Special Uses Base fee $250.00 $ 500.00 For each acre 5.00 TEMPORARY USES $25.00 VARIATIONS $85.00 ZONING CERTIFICATES Single-Family Residences $5.00 All Others 25.00 B. Minimum Fees: The minimum fees are established to cover the expenses that may be incurred due to staff time plus consultant's time required to review and process such application, and other expenses such as printing and publication of notices, postage and other costs. The minimum fees are payable at the time of filing of application for any request covered above. 11 FINAL DRAFT C. Maximum Fees: The maximum fees are established to reimburse the City for charges incurred over and above the minimum fees due to the complexity of the project to be reviewed and also due to studies that may be needed in addition to those provided by the petitioner. The maximum fees are payable upon receipt of an invoice from the City during the course of processing the petition. The City shall invoice the petitioner for expenses in excess of the minimum fees already paid at the time of submission. The petitioner shall not be invoiced more than once a month. The total sum of the fees charged to the petitioner shall not exceed the amount stated as maximum fee. D. Consultants' Fees and Payment to City Personnel: 1 . Payment to all consultants retained by the City in any capacity connected with the application shall be based on mutually agreed upon contracts formally authorized by the City Council. The computation of the City's staff time shall be based on salaries of the City personnel involved plus fifty percent (50%) to cover overhead and administration. 2. At no time shall there be any transfer of funds from any developer to any consultant or City staff personnel. All payment to consultants shall be executed only under the conditions specified in the paragraph above, and the developers shall be invoiced directly and solely by the City. (Ord. 1973-56A, 3-28-74) 10-14-10: PENALTIES: Any person who violates, disobeys, omits, neglects, refuses to comply with or who resists enforcement of any of the provisions of this Title shall be fined as provided in Section 1 -4-1 of this Code. (Ord. 1973-56A, 3-28-74; 1994 Code) 12 Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE ZONING CODE OF ORDINANCES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, it is in the best interests of the City that Zoning Code of Ordinances is amended so that proper notice is given for zoning variations, special uses, amendments, and annexation agreements; and that the application fees for variations, special uses, amendments, and annexation agreements are properly regulated, in order to protect the health, safety, and welfare of its citizens; and, WHEREAS, the Plan Commission convened and held a public hearing on the 14`h day of May 2008, on the question of the text amendment to the Zoning Code of Ordinances; and, WHEREAS, upon conclusion of said public hearing, the Plan Commission recommended the approval of the text amendment to the Zoning Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. Title 10, Chapterl4, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B in its entirety and replacing it with the following new Subsection B: B. Application for Variation; Hearing: An application for a variation shall be filed in writing with the Zoning Officer. The application shall contain such information as the Zoning Board of Appeals may from time to time, by rule, require. Variations other than those authorized by this Section on which the Zoning Board of Appeals may act shall be submitted to the Zoning Officer and acted on in the following manner: 1 . Notice of Hearing: The City Clerk shall publish notice of a public hearing on such application for variation, stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (3 0) days in advance of the hearing in a newspaper of general circulation in the City. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within 500 feet of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least twenty-four (24) hours before the hearing. Section 3. Title 10, Chapterl4, Section 6 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection D in its entirety and replacing it with the following new Subsection D: D. Hearing on Application: Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing. The City Clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the City. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within 500 feet of the subject property, measured from the subject property' s boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least twenty-four (24) hours before the hearing. Section 4. Title 10, Chapter14, Section 7 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B(2) in its entirety and replacing it with the following new Subsection B(2): 2. Notices: The Zoning Officer shall give notice of the public hearing to the applicant. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within 500 feet of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least twenty-four (24) hours before the hearing. Section 5. Title 10, Chapter14, Section 7 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B(3) in its entirety and replacing it with the following new Subsection B(3): 3 . Publication: The City Clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the City. Section 6. Title 10, Chapterl4, Section 8 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B(2) in its entirety and replacing it with the following new Subsection B(2): 2 2. Public Notice and Hearing for Zoning Amendments and Variations in Annexation Agreements: The Plan Commission shall hold a public hearing on the zoning amendment aspects of Annexation Agreements. The City Clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the City. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within 500 feet of the subject property, measured from the subject property' s boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least twenty-four (24) hours before the hearing. In the event that a zoning variation is being requested as part of the annexation agreement, the Zoning Board of Appeals shall hold a public hearing on the zoning variation request in the annexation agreement. The City Clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (30) days in advance of the hearing in a newspaper of general circulation in the City. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within 500 feet of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the County Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least twenty-four (24) hours before the hearing. Section 7. Title 10, Chapterl4, Section 8 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection D in its entirety and replacing it with the following new Subsection D: D. Public Notice and Hearing for Annexation Agreement: At the conclusion of the hearings before the City Plan Commission and Zoning Board of Appeals, and upon those bodies reporting their specific findings and recommendations, the Mayor and City Council shall set the time and place for hearing on the petition for annexation agreement. Thereafter, the City Clerk shall publish notice of such hearing stating the time, place, and purpose of the hearing, at least fifteen (15) but not more than thirty (3 0) days in advance of the hearing in a newspaper of general circulation in the City. The applicant shall provide notice of the public hearing to all property owners whose lot or portion of a lot lies within 500 feet of the subject property, measured from the subject property's boundary. The notice shall state the time, place, and purpose of the hearing, and shall be sent not more than thirty (30) days in advance of the hearing. The applicant shall send the notice by certified mail properly addressed as shown on the County Tax 3 Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. Copies of the return receipt must be submitted to the Zoning Officer at least twenty-four (24) hours before the hearing. Section 8. Title 10, Chapterl4, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A in its entirety and replacing it with the following new Subsection A: ANNEXATIONS $250.00 plus $ 10.00/acre over 5 acres AMENDMENTS To the text of the Title $200.00 To the Zoning Map $200.00 plus $ 10.00/acre over 5 acres APPEALS FROM DECISIONS OF THE ZONING ADMINISTRATOR $85.00 SPECIAL USES $250.00 plus $ 10.00/acre over 5 acres PLANNED UNIT DEVELOPMENTS $500.00 TEMPORARY USES $25.00 VARIATIONS $85.00 ZONING CERTIFICATES Single-Family Residences $5.00 All Others $25.00 Section 9. Title 10, Chapterl4, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B in its entirety. Section 10. Title 10, Chapter14, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection C in its entirety. Section 11. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK 4 ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 5 ,QED C/T` Reviewed By: Agenda Item Number J2 ,J o Legal EST. I 1838 Finance ❑ - 1 — Engineer El Tracking Number < y City Administrator ❑ Consultant ❑❑ EDC 2008-07 Agenda Item Summary Memo Title: Title 8, Chapter 9 City Code Amendment Request(Transition Fee Ordinance) Meeting and Date: City Council/June 24,2008 Synopsis: Amendment to Code reflecting resolutions passed by Newark School Districts 18 and 66. Council Action Previously Taken: Date of Action: August 8, 2006 Action Taken: Amended Title 8 Chapter 9 section 8-9- 1.B. regarding the use of funds Item Number: Type of Vote Required: majority Council Action Requested: Approval of amendment to City Code Title 8 Chapter 9 Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report C,,.. Memorandum J2 a O� To: EDC From: Travis Miller EST. 1 1836 CC: Lisa Pickering,Deputy Clerk(for distribution) Date: May 29,2008 Subject: EDC 2008-07 Transition Fee Ordinance—Newark#66 and#18 Request for �? Ordinance <CE Eby Background: As you will recall from the February 2008 EDC meeting, Superintendent Pauline Berggren, Superintendent Newark High School District 18,and Superintendent John DeMay,Newark Grade School,have requested the City of Yorkville adopt a Transition Fee ordinance applicable to future residential units developed within the#18 and#66 School Districts. Title 8, Chapter 9 of the City Code(attached) includes provisions for School Transition Fees, and requires the school districts in the City to pass a resolution supporting and agreeing to uphold Chapter 9 and to hold the City harmless and defend the City for the imposition of the transition fees. Chapter 9 is applicable to all school districts which pass described resolution. Section 8-9-5 and 8-9-6 refer to District#115 and would need to be amended once Newark passed resolution. Since February: Based on the request of the EDC,Districts 18 and 66 have: - prepared reports using current demographic and economic data to determine and justify the transition fee amount—which is proposed to be$3,000.00 for each district(attached) - passed resolutions described in and required by Chapter 9(attached) Staff recommendation: Amend Chapter 9 to include references to Districts 18 and 66. Draft amended ordinance is attached for your review and consideration. 1 CHAPTER SCHOOL TRANSITION FEES 8-9-1: FEE; USE OF FUNDS; PAYMENT: A.Fee Schedule: The following fee for school transition fees, which shall provide for the current level and quality of educational service being maintained by the city and local school districts, shall be incorporated into any annexation agreement, planned unit development agreement, or development agreement executed with any developer/owner based upon the following fee schedule: three thousand dollars ($3,000.00) per residential dwelling unit payable prior to being issued a building permit by the city for each residential unit. (Ord. 2000-11, 3-23-2000; amd. Ord. 2002-04, 3-26-2002; Ord. 2003-66, 10-14-2003) B.Use Of Funds: The transition fees paid to the affected school district(s) shall be used solely in the education fund, or, in cases where a school building is specifically and uniquely attributed to the specific development or subdivision, the fees collected under this section may be used in the school district's education fund, operation and maintenance fund, or otherwise for land or site improvements including school buildings or other infrastructure. (Ord. 2006-68, 8-8-2006) C.Payment: All of said funds shall be paid by any building permit applicant to the proper school district who shall issue a receipt which must be presented at the time a building permit is issued by the city. The city reserves the right at its discretion to require any building permit applicant to pay said funds to the city treasurer who shall transfer funds within sixty (60) days of the receipt thereof to proper school district. (Ord. 2000-1 1, 3-23-2000) 8-9-2: REAL PROPERTY AFFECTED: A.Residential Dwelling Unit: Any residential dwelling unit platted after the effective date of the original ordinance assessing a school transition fee, whether single-family, duplex, or multi-family, shall be required to pay the above referenced fees set out in subsection 8-9-1A of this chapter. The imposition of said fee shall be made directly to the affected school district on any real property so annexed, or if previously annexed only within and based upon a written planned unit development agreement, development agreement or annexation agreement executed between the city and the property owner, or applicable developer. B.Residential Dwelling Defined: For purposes of this chapter, a "residential dwelling" shall be defined as each individual single-family home, each individual unit of a duplex, and each individual unit of any multi-family structure. C.Exemption: Any lot zoned for business, office, or manufacturing shall be exempt from the terms of this chapter. 1 D.Prior Platted Lots:No lot platted prior to the effective date hereof shall be encumbered by the terms of this chapter unless it is the subject of a planned unit development agreement or development agreement.(Ord.2000-11,3-23-2000) 8-9-3:ANNUAL REPORT REQUIRED: The city shall require an annual report from each school district that has received transition fees as a result of this chapter.Said report shall be due on or about January 1 of each calendar year.(Ord.2000-11,3-23-2000) 8-9-4:PASSAGE OF RESOLUTION: A.The city shall require each school district whose boundaries currently fall within the said corporate limits with the annexation of any parcel of land to pass a resolution similar to that in exhibit A,attached to the ordinance codified herein,supporting and agreeing to uphold this chapter.Said resolution shall also agree to hold harmless and defend the city for the imposition of said transition fees on behalf of said school district. B.Failure of any school district to pass said resolution shall relieve the city of any responsibility to impose said transition fees as part of any annexation,planned unit development or development agreement located within that school district.(Ord. 2000-11,3-23-2000) 8-9-5:PROPERTY NOT SERVED BY SCHOOL DISTRICT: In the event residential real property is annexed to the city that is not to be served by the Yorkville School District 115,Newark School District 18 or Newark School District 66 then and in that event,the said transition fee shall not be required to be paid unless this chapter is amended to include said future school district.(Ord. 1993-24,8-26-1993;amd. Ord.2000-11,3-23-2000) Comment[TM1]:This section is covmcdby the mquirementof section 8- 9A above snd each district listed in 8-9-5 have passed¢solution with hold harmless language and provisions to defend the City. Deleted:8-9-6:HOLD HARMLESS AND DEFEND CITY:I The Yorkville School District 115 agrees W hold hmmless and defend the city for the imposition and collection of said tmnsilion fees oo bel rWYotkville School District 115.(Ord.1993-24,8-26- 1993;me.Ord.2000-11,3-23-2000 2 EXHIBIT A SCHOOL TRANSITION FEE TABLE Data/Assumptions for School Transition Fees: A-1. Approximately 80%of new students move in the District before November 1 of the school year A-2. District cost for these students are approximately 75% of the Operating Expenditure Per Pupil B-1, Approximately 20% of the students move in the District after November 1 of the school year B-2. District cost for these students are approximately 50%of the Operating Expenditure Per Pupil C. First installment for the property tax for the portion of the year the new property is on the tax roll is collected on the June and September of the following year. The funds collected from the new property tax are available for use during the next fiscal year, leaving the burden of the cost of new students on the school district D. Operating Expenditure Per Pupil, as per the School Report Card =$6731 E. Every new dwelling generates approximately an average of 0.9 student Calculation of the School Transition Fees: Data/Assumptions A 80% Data/Assumptions D $ 6,731 Data/Assumptions A-2 1 75%1 Data/Assumptions E 0.90 Cost $ 3,635 Data/Assum tons B 20% Data/Assum tflo:ns::Dj $ 6,731 IDatalAssumptions B-2 i 50% Data/Assum lions E 11 0.90 lCost $ 606 Average District Cost/Impact from a new Dwellinq $ 4,241 Proposed Transition Fee: $ 3,000 Newark Comm. Cons School District# 66 Newark Grade School Millbrook Jr. High 503 Chicago Road 8411 Fox River Drive,P.O. Box 214 Newark,Illinois 60541 Millbrook,Illinois 60536 Phone 815-695-5143 Phone 630-553-5435 Fax 815-695-5776 Fax 630-553-1027 John DeMay, Superintendent May 29, 2008 City of Yorkville Travis Miller Game Farm Road Yorkville, IL 60560 Dear Travis, Please find attached our examples to help support the request for transition fees. Our example shows how new home construction affects our District financially. The City of Yorkville has an agreement with Yorkville CUSD #115 for a $3000.00 transition fee. We are requesting the same consideration. Please call if you have any questions at 815-695-5143. Thank you, John DeMay Superintendent Newark Comm. Cons. Grade School Dist. #66 Newark Community Consolidated Grade School District #66 SCHOOL TRANSITION FEE Assumptions for School Transition Fees: Assumption A: 1) Approximately 80% of new students move in the District before November 1 of the school year. 2) District cost for these students are approximately 100% of the Operating Expenditure per Pupil. Assumption B: 1) Approximately 20% of the students move in the District after November 1 of the school year. 2) District cost for these students are approximately $37.62 per day. ($6545 divided by 174 student attendance days equals $37.62 per day. Of this amount, approximately $23.74 of the money is generated from local property tax as reported in the 2007 Illinois District Report Card for Newark CCSD 66 found on page 3. The data used is based on 2005-2006 Operating Expenditure per Pupil. Data/Calculation of the School Transition Fee: A) Annual Operating Expenditure per Pupil, as per the 2007 Illinois District Report Card = $6545. The data used in the Report Card is based on 2005-2006 Operating Expenditure per Pupil. B) Daily Operating Expenditure per Pupil: $6545 divided by 174 student attendance days equals $37.62 cost per day. Approximately 63.1 % or $23.74 is generated from local property taxes as reported in the 2007 Illinois District Report Card for Newark CCSD 66. The data used in the Report Card is from the 2005-2006, Operating Expenditure per Pupil. C) Every new dwelling generates approximately an average of .957 students. (Source: 1996 Illinois School Consulting Service, Naperville, IL) D) Proposed Transition Fee: $3000.00 Example: A) January 1 , 2007: Vacant property is assessed for property value only. B) May 2007: Home construction begins. C) August 2007: Home construction is completed and student starts school. D) January 1 , 2008: Home is assessed by County at 100% completed value for 2008, taxes to be collected in 2009. Student has been in school 6 months. E) December 2008: District tax levy approved and filed with County. Student has attended school for 15 months - still no tax money collected on home. F) May 2009: Property tax bills are mailed by the County. G) June 2009: First Installment due and school receives first distribution of tax money. Student has been in school for 20 months. H) Based on the District's $37.62 daily cost per student, the District would have educated the student with no revenues for a total of $14,594.80. 1) The District's figures can be used to calculate the cost to educate a student by multiplying the number of days in school by the daily cost per student. Until taxes are levied and collected, the District is educating the student with no revenue. A RESOLUTION OF THE BOARD OF EDUCATION OF THE NEWARK COMMUNITY HIGH SCHOOL DISTRICT NUMBER 18 TO COLLECT AND DISTRIBUTE TRANSITION FEES AND TO APPROVE THE ORDINANCE OF THE UNITED CITY OF YORKVILLE ADOPTED FOR THE BENEFIT OF LOCAL SCHOOL DISTRICTS WHEREAS, the United City of Yorkville ("City") has enacted an Ordinance amending its School Transition Fee Ordinance ("Ordinance"); and WHEREAS, the Ordinance was enacted to help offset the impact of new development on local school districts for current educational funds expense; and WHEREAS, said school districts are affected by student enrollment generated from said residential developments; and WHEREAS, it is in the best interest of the Newark Community High School District Number 18 ("School District") to accept the City's Ordinance, being Ordinance Number 2000-11 , as contained in Section 8-9-1 et seq. of the Yorkville City Code, and to abide by its terms. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF NEWARK COMMUNITY HIGH SCHOOL DISTRICT NUMBER 18 AS FOLLOWS: Section 1 . Recitals Incorporated. The above recitals are incorporated herein by reference as though fully set forth. Section 2. Acceptance of Ordinance. The School District hereby accepts and ratifies the City's Ordinance Amending the Standards and Regulations for Payment of School Transition Fees upon Annexation and/or Execution of a Planned Unit Development or Development Agreement as to Real Property with the United City of Yorkville, being Ordinance Number 2000-11 , as contained in Section 8-9-1 et seq. of the Yorkville City Code. Section 3. Collection of Monies. The School District shall collect said monies pursuant to the Ordinance and issue receipts to those Builders, Property Owners, or Developers paying the fees. Section 3. Distribution of Funds. The School District shall be responsible to collect and distribute the funds pursuant to the Ordinance. Section 4. Release. The School District shall and does release the City from any responsibility to defend any legal action or claim brought against the City and agrees to hold the City harmless and defend the City for imposition of the Transition Fees on behalf of the School District on any fees collected after the date of enactment of this Resolution. 1 Section 5. Effective Date. This Resolution shalt take effect from and after its adoption and approval. PASSED this 27th , day of March 2008 , AYES: Marcley , Akre , Verda , Sleezer , Johnson NAYES: None ABSENT: Hagen , Thanepohn APPROVED this 27th • day of March 2008. MAP E war Sleezer, ident oard of Education ATT�TESTT�/ Beth Thanepohn, Secretary, Board of Education i 2 District 18 a a ' rn m N N N I' N " EXHIBIT A SCHOOL TRANSITION FEE TABLE Newark Community High School District#18 n a Assumptions for School Transition Fees `- Assuniphon A: 1) Approximately 33.33%of new students moved into the District before November 1 of the school year. (Based on the 2005—2006 End of the Year Report) I 2) District costs for these students are approximately 100%of the Operating Expenditure per Pupil. Assumption B- 1) Approximately 66.66%of the students moved into the District after November 1 of the school year. (Based on the 2005—2006 End of _ the Year Report) 2) District costs for these students are approximately$75.06 per day($13,060 divided by 174 student attendance days equals $75.06 per day.) Of this amount$60.05 of the money is generated from local property tax as reported in the 2007 Illinois District Report Card for Newark High School District 18 found on page 3. The data used is based on the 2005-2006 Operating Expenditure per Pupil. Data A) Annual Operating Expenditure per Pupil,as per the 2007 Illinois District Report Card=$13,060. The data used in the Report Card is based on the 2005-2006 Operating Expenditure per Pupil. °w, B) Daily Operating Expenditure per Pupil$13,060 divided by 174 student attendance days equals$75.06 cost per day. N Approximately 80%or$60.05 is generated from local property taxes as reported in the 2007 Illinois District Report Card a for Newark Community High School District 18 found on page 3. The data used in the Report Card is based on 2005-2006 Operating Expenditure per Pupil. o N C) Every new dwelling generates approximately an average of.957 students. (Source 1996 Illinois School Consulting `O Service,Naperville,II,) m I N � W District 18 m 1 r m ;- m v, J m N EXHIBIT A SCHOOL TRANSITION FEE TABLE 0 0 Data/Assumptions for School Transition Fees: 0 A-1. Approximately 33.33%of new students move in the District before November t of the school year A-2. District cost for these sudents sm approximately 100%of the Operating Expenditure Per Pupil j B-1. Approximately 66.66%of the students move in the District after November l of the school year B-2. District cost for these students am approximately 75%of the Operating Expenditure Per Pupil _ C. First installment for the property tax for the portion of the year the new property is on the tax roll is collected on the June and September of the following year. The - funds from the new property tax may be collected between June and September for use during the next fiscal year,leaving the burden of the cost ofnew students on the school district D. Operating Expenditure,Per Pupil,as per the School Report Card=$13,060 E. Every new dwelling generates approximately an average of.957 per student Calculation of the School Transition Fees: Data/Assumptions A 33.33% Data/Assumptions D 13,060 Data/Assumptions A-2 100% Data/Assumptions E 0.957 Cost 4165.73 Data/Assumptions B 66.66% Data/Assumptions D 13,060 Data/Assumptions 3-2 75% Data/Assumption E 0.957 Cost 6242.96 Average District CosVlmpact from a new Dwelling 10408.69 Proposed Transition Fee: m w . m a m a ' 3 0 U N ' m N O ; O m I W W A RESOLUTION OF THE BOARD OF EDUCATION OF THE NEWARK COMMUNITY CONSOLIDATED SCHOOL DISTRICT NUMBER 66 TO COLLECT AND DISTRIBUTE TRANSITION FEES AND TO APPROVE THE ORDINANCE OF THE UNITED CITY OF YORKVILLE ADOPTED FOR THE BENEFIT OF LOCAL SCHOOL DISTRICTS WHEREAS, the United City of Yorkville ("City") has enacted an Ordinance amending its School Transition Fee Ordinance ("Ordinance"); and WHEREAS, the Ordinance was enacted to help offset the impact of new development on local school districts for current educational funds expense; and WHEREAS, said school districts are affected by student enrollment generated from said residential developments.; and WHEREAS, it is in the best interest of the Newark Community Consolidated School District Number 66 ("School District") to accept the City's Ordinance, being Ordinance Number 2000-111 as contained in Section 8-9-1 et seq. of the Yorkville City Code, and to abide by its terms. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF EDUCATION OF NEWARK COMMUNITY CONSOLIDATED SCHOOL DISTRICT NUMBER 66 AS FOLLOWS: Section 1 . Recitals Incorporated. The above recitals are incorporated herein by reference as though fully set forth. Section 2. Acceptance of Ordinance. The School District hereby accepts and ratifies the City's Ordinance Amending the Standards and Regulations for Payment of School Transition Fees upon Annexation and/or Execution of a Planned Unit Development or Development Agreement as to Real Property with the United City of Yorkville, being Ordinance Number 2000-11 , as contained in Section 8-9-1 et seq. of the Yorkville City Code, Section 3. Collection of Monies. The School District shall collect said monies pursuant to the Ordinance and issue receipts to those Builders, Property Owners, or Developers paying the fees. Section 3. Distribution of Funds. The School District shall be responsible to collect and distribute the funds pursuant to the Ordinance. Section 4. Release. The School District shalt and does release the City from any responsibility to defend any legal action or claim brought against the City and agrees to hold the City harmless and defend the City for imposition of the Transition Fees on behalf of the School District on any fees collected after the date of enactment of this Resolution. 1 Section 5. Effective Date. This Resolution shall take effect from and after its adoption and approval. PASSED this 4/ day of I-I?e>z- 2008. AYES: NAYES: t� ABSENT: I APPROVED this day of , X14 2008. r President, Board of Ed cation ATTEST ecr nary, Board of E ucation 2 Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE CODE OF ORDINANCES AUTHORIZING THE CITY TO IMPOSE TRANSITION FEES ON BEHALF OF SCHOOL DISTRICTS #18 AND #66 WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, Newark Community High School District Number 18 passed a resolution on March 27, 2008, supporting and agreeing to uphold Title 8 Chapter 9 of the United City of Yorkville Code of Ordinances (the "Code") and to hold the City harmless and defend the City for the imposition of the transition fees; and, WHEREAS, Newark Community Consolidated School District Number 66 passed a resolution on April 21 , 2008, supporting and agreeing to uphold Title 8 Chapter 9 of the Code and to hold the City harmless and defend the City for the imposition of the transition fees; and, WHEREAS, it is in the best interests of the City that the Code is amended to include School Districts #18 and #66 in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. Title 8, Chapter9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 5 in its entirety and replacing it with the following new Section 5: 8-9-5: PROPERTY NOT SERVED BY SCHOOL DISTRICT In the event residential real property is annexed to the city that is not to be served by the Yorkville School District 115, Newark School District 18 or Newark School District 66, then and in that event, the said transition fee shall not be required to be paid unless this chapter is amended to include said future school district. (Ord. 1993-24, 8-26-1993 ; amd. Ord. 2000- 11 , 3-23-2000) Section 3. Title 8, Chapter 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 6 in its entirety. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 0 C/p` Reviewed By: Agenda Item Number J� T Legal ❑ EST. 1836 Finance ❑ 1 Engineer ❑ Tracking Number O9 City Administrator ❑ Consultant ❑ ADM 2008-49 <<E Parks and Recreation F-1 Agenda Item Summary Memo Title: April Treasurer's Report Meeting and Date• City Council—June 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewski Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Pre Audit Financial Summary As of April 30, 2008 FY FY Beginning April April Ending FYTD Budgeted FYTD Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General 2,234,768 1,466,656 1,703,614 1,997,809 12, 144,443 17,509,107 15,391,492 17,506,011 15 Motor Fuel Tax 526,702 65,604 209,634 382,671 394,067 677,000 490,689 677,000 16 Municipal Building (438,101) 3,700 79,687 (514,088) 89,650 305,705 327,632 305,705 20 PD Capital 110,840 132,199 42,124 200,915 230,795 246,950 259,255 246,950 21 PW Capital 557,689 24,850 71,284 511,255 312,216 632,916 321,305 632,916 22 Parks & Roe Equip Capital 90,973 24,625 72,222 43,375 75,300 161,500 138,128 161,500 37 Sanitary Sewer improvement 5,171,874 71,013 340,261 4,902,626 910,909 71105,270 1,395,806 7,105,270 41 Water Improvement Exp (940,811) 103,136 244,301 (1,081,976) 1,720,909 3,844,410 1,330,509 3,844,410 42 Debt Service (398,179) (1,712,277) (2,164,742.33) 54,286 625,851 2,752,259 470,998 2,752,259 51 Water 420,525 731,344 571,159 580,710 21503,892 1,676,000 1,923,182 1,676,000 52 Sewer 489,107 1,363,846 793,274 1,059,679 12,165,463 671,000 1,105,784 671,000 72 Land Cash (520,941) 20,862 8,940 (509,019) 236,557 910,982 494,292 910,982 73 Land Acquisition (2,153) - - (2,153) - 50,000 52,153 50,000 79 Parks & Recreation 99,510 114,349 167,438 46,421 11633,874 1,668,513 1,642,594 11668,513 82 Library 320,749 20,126 (261,172) 602,046 11734,109 1,547,019 1,841,712 1,596,203 85 Fox Industrial 183,036 191 - 183,227 173,958 237,653 78,284 237,653 87 Countryside TIF Project 2,880,757 4,948 11539 2,884,166 111,265 2,998,090 146,225 2,998,090 88 Downtown TIF 28,723 - 351.00 28,372 34,760 26,059 61388 26,059 95 Trust & Agency 531,205 (2,805,634) (2,274,428.77) - - - - - Totals 11,346,270 (370,462) (394,514) 11,370,322 25,098,018 43,020,433 27,416,428 43,066,521 Note: Revenue defect to be onset with fund balance As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate r no/f�the date detaoo herein`.. Full detail information is available in the Finance Department _/I / LA�w �J l William Powell, Treasurer - Fund Balance Reserve General Fund 16.31% Water O 34.08% Sewer Maintenance 157.93% Combined Fund Balance 24.90% Prepared by: Jennifer Milewski-Deputy Treasurer 0 cl p y Reviewed By: Agenda Item Number 4b a � T Legal ❑ 1836 Finance ❑ EST. , I,` Engineer ❑ Tracking Number -4 y City Administrator F-1��I G Consultant ❑ ADM 2008-52 CE Parks and Recreation ❑ Agenda Item Summary Memo Title: Salary Range Adjustments Meeting and Date: City Council—June 24, 2008 Synopsis: See attached memo and resolution. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Denise Kasper Finance Name Department Agenda Item Notes: Memorandum To: Brendan Mclaughlin esr. —� ess From: Denise Kasper, Susan Mika ` - CC: O Date: June 6, 2008 �' lSubject: Salary Range Adjustments CE After implementing the salary survey in May 2007 we adjusted the employee salary ranges by 2%. Since then we have not made any adjustment to the salary ranges. The current CPI for April 2007 to April 2008 increased by 3 .9%, the 2007 tax levy passed in December utilized a 2.5% CPI (set by Kendall County). A survey completed by staff in early April shows the average cost of living increase by surveyed municipalities was 3 . 17%. Of course we can not assume that all municipalities increased their ranges by the COLA. Up for your discussion is whether we should adjust the current salary ranges and by how much. Staff recommendation is to adjust the salary ranges by 2.5%, both on the minimum and maximum of the range. We feel it is appropriate to continue to adjust our ranges to remain competitive in the market place but we are sympathetic to the current state of the economy and are not recommending the 3 .9% cost of living adjustment as reported by the Department of Labor. city COLA Merit Barrington 3.50% Unknown Bartlett 4.00% 6.0% Batavia 4.00°% Unknown Bloomingdale 3.50°% 4.0% Burr Ridge 3.00% 2.0°% Carol Stream 4.24% 6.0% Clarendon Hills 3.75% 4.0°% Darien 0.00% Unknown Deerrield 3.50% Unknown DeKalb 0.00% Unknown Downers Grove 0.00% 3.5% bonuses possible Elgin 4.00°% Unknown Elmhurst 3.90°% 2.0% Evanston 4.00% Unknown Glen Ellyn 3.50% 6.0% Glencoe 3.95% Unknown Glenview 3.75% 4.8°% Gurnee 3.50% 4.0% Hanover Park 2.00% 3.0°% Joliet 4.00°% Unknown La Grange 2.50% Unknown Lake Forest 3.75°% Unknown Lake Zurich 2.50°% Unknown Libertyville 3.00°% Unknown Lombard 3.75% 3.0% McHenry 2.50°% Unknown Montgomery 3.00% 4.5% Morton Grove 4.25% Unknown Mount Prospect 3.50°% Unknown Naperville 0.00% 4.0% Niles 3.50% Unknown North Aurora 4.70°% Unknown _ Oswego 2.30% Unknown Palatine 3.50°% Unknown Plainfield 0.00°% 6.0% Princeton 3.25% 0.0°% River Forest 3.50% 4.0% Rolling Meadows 3.75°% Unknown Roselle 3.50% 5.0% Schaumburg 3.50°% Unknown Schiller Park 4.00% Unknown Shorewood 4.00% Unknown St. Charles 3.50% Unknown Sugar Grove 2.50°% Unknown Warrenville 3.75% Unknown Western Springs 3.50°% Unknown Wheaton 3.50% Unknown Willowbrook 4.00% Unknown Wilmette 3.50% Unknown Winfield 3.00% Unknown Winnetka 3.75% Unknown Woodridge 4.00% Unknown Woodstock 2.50% Unknown AVERAGE 3.17°% STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION APPROVING A REVISED SALARY SCHEDULE WHEREAS, the City Council of the United City of Yorkville has considered and discussed the importance of updating the United City of Yorkville Salary Schedule, and WHEREAS, the City Council has determined that it desires to update the Salary Schedule, and WHEREAS, the revised Salary Schedule the City Council now desires to implement is set forth on the attached Exhibit "A" which is incorporated herein, to be the Salary Ranges for the United City of Yorkville, and NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, the revised Salary Schedule is hereby approved in the form set forth on Exhibit "A" attached hereto and incorporated herein. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this day of A.D. 2008. MAYOR Current Range 2.5% Increase Position Name Low High Low High Accounting Clerk 1 32,323 45,575 333131 46,714 Administrative Assistant 35,898 48,690 36,795 492907 Administrative Secretary 36,032 48,395 363933 49,605 Assistant City Administrator 657290 90,688 66,922 92,955 Chief of Police 737310 977176 752143 99,605 City Administrator 85,201 113,788 87,331 116,632 City Engineer 63,807 88,587 652402 90,802 City Parks Designer 41 ,000 57,000 42,025 58,425 Civil Engineer 56,966 78,548 58,390 80,511 Community Development Director 725000 95,692 73,800 98,084 Community Relations Officer 50,293 70,410 51 ,550 72, 170 Director of Public Works 69, 111 91 ,841 70,839 94, 137 Engineering Administrative Assistant 375496 51 ,865 38,433 53, 162 Engineering Technician 44, 191 553290 45,296 562672 Executive Assistant to the Police Chief 435000 57,000 44,075 585425 Finance Director 68,565 923195 705279 94,499 Foreman 45,550 60,961 46,689 623485 GIS Coordinator 47,494 663264 48,681 672920 Human Resources Manager 443372 62,658 45,481 643224 ITSpecialist 57,704 80,786 593147 82,806 Janitor 303192 42,820 30,947 433891 Maintenance Worker 1 33,280 442145 343112 45,249 Maintenance Worker 11 362892 512081 37,814 522358 Operator 40,215 52,748 413220 54,067 Parks and Recreation Director 69,480 90,520 715216 92,782 Police Lieutenant 623181 84,472 63,736 86,584 Police Records Clerk 28,816 42,820 29,536 432891 Police Records Supervisor 342096 48, 172 34,948 49,376 Police Sergeant 57,295 737001 583727 74,826 Program Supervisor 32,085 51 ,383 32,887 522668 Receptionist 277539 37,037 28,227 37,963 Recreation Coordinator 32,085 51 ,383 32,887 527668 Senior Accounting Clerk 36,410 49,342 37,320 50,575 Senior Engineering Technician 45,338 63,641 46,471 65,233 Senior Planner 43,849 623044 44,945 633595 Superintendent of Parks 46,500 70,000 47,663 715750 Superintendent of Recreation 43,458 663476 44,544 682138 Urban Planner 41 ,000 57,000 42,025 58,425 Utility Billing Clerk 30,954 42,820 313728 43,891 `,(0D cl)� Reviewed By: Agenda Item Number T Legal ❑ (� �' ;t EST Z leas Finance ❑ Engineer El� Tracking Number {O� it y City Administrator ❑ Consultant ❑ ADM 2008-53 <LE Parks and Recreation F-1 Agenda Item Summary Memo Title: Am Audit Utility Audit Proposal Meeting and Date• City Council—June 24, 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: `QED C/py ,= yA Memorandum To: Administration Committee Esr 1836 From: Bart Olson, Assistant City Administrator 4 CC: Brendan McLaughlin, City Administator p� O Date: June 6, 2008 Subject: AmAudit Utility Audit Proposal Attached is a proposal for utility auditing from AmAudit. AmAudit will audit our electric, telecom, cable, gas, solid waste collection taxes and fees in hopes to identify areas in which our utility agreements and practices are not in conformance, with the end goal of saving money or generating additional revenue. The fee for this service is 50% of any credits, or forward savings and increases found by the auditors for a period of 36 months. In the event that AmAudit fails to find any unrealized credits, forward savings, or revenue increases, there is no cost to the City. AmAudit recently completed a utility audit in Oswego, and saved them $72,000 over the life of the contract (2 years). This contract is for a period of 3 years, which is their current contract term. Staff negotiated for a 2-year term from AmAudit, but they declined that due to other similar contracts and proposals between their firm and municipalities in the region. A similar proposal with Azavar Technologies Coroporation was brought forward to City Council a year ago, but was rejected due to fees that would have been paid to Azavar in the event that no credits, savings and increases were found. The City Council approved a utility auditing agreement in 2003 within a similar scope, and the auditing company found no credits, savings, or increases. The only direct cost should AmAudit find no credits, savings, or increases is City staff time to provide AmAudit with copies of our utility bills and franchise agreements. This time will be spent almost entirely within the Finance department, and will be neglible. Both Finance Director Mika and I feel that this is acceptable. Staff recommends approval of this agreement, subject to Attorney Orr's review. City of Yorkville , Illinois Proposal to Provide Utility Auditing Services Submitted : June 4, 2008 Prepared by: AVMAU61to (An American Association of Utility Auditors Company) 8600 US Highway 14, Suite 100 Crystal Lake, Illinois 60012-2705 Telephone 630-768-1230 City of Yorkville Proposal to Provide Utility Auditing Services mAudit, June 4, 2008 Table of Contents TransmittalLetter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . 2 Business Organization . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . 3 Audit Services Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . .. . . 4 AuditDetail . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ProjectTimetables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 AuditFee Quotation . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 9 1 City of Yorkville Proposal to Provide Utility Auditing Services &Auciit. June 4, 2008 Mr. Bart Olson Assistant City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Subject: Utility Auditing Services Dear Mr. Olson: 1 wish to thank you in advance for considering AmAudit, an American Association of Utility Auditors (AAUA) Company, to provide utility tax revenue recovery, franchise agreement review, and cost reduction (bill) audit services to Yorkville. We are proposing to provide independent audit services to Yorkville in the areas of telecom (both voice & data), natural gas, electricity, and waste removal. Our organization's sole function is to provide audit services to reduce your utility costs through review of your utility bills and/or to increase revenue for the City through review of tax collections and franchise agreements with various vendors. These services are done on a contingency fee basis, which means that unless there are savings or increased revenues for the City there is no cost to you . We provide these services with only a nominal amount of effort on your City's part. We appreciate this opportunity to present our services for your consideration and have enclosed a proposal for your review. This proposal is firm for a period of 60 days from this date. If you have any questions, please do not hesitate to contact me. Sincerely, r � - Michael A. Warchol Senior Account Manager 2 City of Yorkville Proposal to Provide Utility Auditing Services mAudit. June 4, 2008 Business Organization AmAudit (www.amaudit.com) is an independent utility auditing firm with two offices in the Chicago area. Our main office is in Crystal Lake, Illinois with a secondary office in Aurora, Illinois. AmAudit has been a pioneer in identifying new and innovative ways of km A u it auditing utility costs, utility franchise agreements/ordinances, and utility tax collections. While regulated utilities have been serving Illinois for over 75 years, it has only been within the last 20 years that dramatic changes have occurred in the utility industry beginning with the break-up of AT&T and the deregulation of natural gas and electricity. AmAudit's staff has been there during these changes and has seen first-hand the complexities and nuances of utility deregulation and the transfor- mation of regulated monopolies into competitive markets. These fundamental changes in utility regulation were the foundation for the formation of AmAudit. The founders saw a need for expertise in these areas and bring to our clients a full menu of utility cost and revenue auditing services unlike any firm in the industry. AmAudit has provided numerous audit services to clients in varied industries with locations spread across the United States, including numerous public sector clients in the Chicagoland area. Notable public sector clients: Client Population Client Population ' Berwyn _542016 Moline 43, 768 Calumet City 39,017 kNorthiake _ 113878_ Carol Stream 40,438 10dand Park 51 , 077 Champaign 67,518 Rolling Meadows - 24 604 Cicero _ _ 857616 Romeoville 21153 Country Club Hills 16, 169 .. Roscoe 6124_4_ Elmwood Park 25,405 ' Rosemont 43224 Hoffman Estates 49,495 ; Sauk Village 10,411 Lake Forest 202059 Schiller Park 11 ,850 Lincolnshire 3 123359 1 Streamwood _36,407 Marion pp 16, 035 Urbana _ _ 36,407 Matteson 12,928 mm 'Vemon Hills 21 ,200 Melrose Park­­1 23, 171 ;Villa Park 22,075 i Western Springs 1 12,493 -------------------------—------------ - - - 3 City of Yorkville Proposal to Provide Utility Auditing Services mAud-it r June 4, 2008 AmAudit does not market or represent any utility company in any manner, we are independent of any vendor or utility carrier and work as the City's advocate. In addition to being independent, each member of our staff assigned to the engagement would assess if there were any personal or external impairments precluding independence. After the assessment of independence is made, each staff member assigned to the engagement prepares a written certification. Audit Services Overview Each municipality qualifies for two and possibly three distinct audit services that AmAudit provides: 1 .) Utility Cost Audit; 2.) Franchise Agreement Audit; and 3.) Tax Collection Audit. All of these services are bundled in our proposal as outlined below. Specific Deliverables: Utility Cost Audit Utility Costs AmAudit will perform a legal review for Yorkville' natural gas, electricity, telecommunications and where applicable waste contracts and tariffs governing your rates with current vendors. Our review will be to verify the appropriateness and accuracy of the City's monthly utility statements when compared to contracted agreements, tariffs, and customer service records. The purpose of this review is to identify available credits and refunds that may be due Yorkville from its current carriers. AmAudit will also review the City's current carrier statements against prevailing market conditions with the goal of achieving greater competitiveness from the current vendors or identifying alternatives that are more competitive. While customer specific deliverables differ from audit to audit, the basic deliverables on the audit are as follows: 1 . Initial narrative report detailing findings for each Utility reviewed. 2. Spreadsheets detailing all accounts, claims, and potential forward savings. 3. Status Report on implementation of changes, collection of credits and claim issues. 4. Final Report supporting billing for audit fees. Specific Deliverables: Franchise Audit Franchise Audit AmAudit will conduct a legal review of the City's franchise agreements in conjunction with a review of utility bills to determine ------------------------------------ -------------------------------- ------------------ ------------------------4 City of Yorkville Proposal to Provide Utility Auditing Services mAud t June 4, 2008 compliance by the utility. The audit report will identify any gaps in compliance and provide recommendations for pursuit of claims. In addition, some franchise agreements may offer incentives and/or additional options for the City. Any opportunity identified will be carefully weighed to determine the best option for the City. Specific Deliverables: Municipal Utility Tax Audit Municipal Utility AmAudit will perform an audit of Yorkville' tax collections with the Taxes various utilities collecting taxes and/or fees on the City's behalf. Specifically AmAudit will be reviewing: 1 ) all ordinances relating to taxes to ensure compliance with all Federal, State and Local laws and 2) all residents and businesses currently on the tax roles to determine if any are missing from the tax roles. While customer specific deliverables differ from audit to audit, the basic deliverables on the audit are as follows: • Initial report of findings on ordinances and tax collections identifying residents and businesses that for whatever reason have fallen off tax roles or are not paying the appropriate level of taxes. • Assistance in implementing findings with applicable Utility whether that is developing an amendment to an ordinance or addition of addresses to the tax roles. Audit Detail Purpose and Scope of the Audit Scope of Audit The purpose of this audit is to determine the correctness and com- pliance with agreements between Yorkville and the Utilities. In the execution of our audit, it is our purpose to act as the City's advocate in determining correctness of billing, correctness of tariffs, and the various processes involving the Utilities serving Yorkville. Due to the nature of the type of audit being performed there are several steps that must be performed prior to the detailed audit. In comparing AmAudit's audit to a financial audit, there are several major differences. The primary difference between our audit and a financial audit is we have no baseline for establishing our findings. For this reason, our audit is more forensic than a financial audit, as we must piece together information from various departments within a municipality to begin our audit process. -------------------------------------------------------------------------------------------------------------------------------------- 5 City of Yorkville zf Proposal to Provide Utility Auditing Services mAudit. June 4, 2008 To establish this baseline we perform the following steps. • Legal review of existing contracts and Utility tariffs for any and all obligations and for establishing the cost basis for billing; • Comparison of contractual and tariff cost basis to actual billing for the purpose of identifying overcharges, rate errors, misap- plication of state and local taxes, usage discrepancies, improper surcharges. • Identification of all City obligations to ensure compliance to any existing contracts or other obligations. • Review all existing franchise agreements, tax assessment processes, and historical payments received from carriers based on current franchise agreements. Deliverables for each Audit Deliverables During the course of this engagement, AmAudit will generate a series of deliverables, by utility, which will serve to document our progress during the course of the engagement and serve as a milestone for progress and payments. During the course of each audit for each utility, AmAudit will generate the following: Legal Review AmAudit professionals will conduct a legal review of all utility contracts and related franchise agreements provided to AmAudit by the City. This review will consist of an analysis of terms, conditions, rates and respective obligations. AmAudit will summarize our findings as completed with the goal of reducing expenditures and enhancing revenue opportunities as quickly as possible. Findings and Recommendations The next step in the engagement will be to generate a series of recommendations focusing on: • Identification of any refunds due to the City under existing contracts and/or related franchise agreements; • Identification of opportunities for lower rates and improved service with existing vendors preferably. Our findings will be presented in a report that identifies the specific recommendation along with an estimate of potential cost saving ------------------------------------—--------------------------—----—------...........—--------------------------------------—----- 6 City of Yorkville Proposal to Provide Utility Auditing Services &Audit. June 4, 2008 and/or revenue enhancement. This report will include a narrative description and supporting spreadsheets. Recommendation Implementation The next deliverable in the process will consist of working with the City and applicable utility service provider to implement the City authorized findings and recommendations. AmAudit will work directly with each respective utility as the City's advocate to complete and document the recommended changes. Post Implementation Review The final deliverable in the process consists of conducting a post implementation review to insure the requested changes have been implemented by the utility and reflected in the City's utility bill statements. Typically this is done 90 days after recommendations have been implemented. Progress Reports During the course of the engagement, AmAudit will produce regular progress reports documenting our efforts to date. These reports will include the following: • Accomplishments • Next Steps • Open Items • Issues Audit Process: Audit Process Each audit process varies based on services, contracts, taxation and systems but the following steps are necessary in every audit Assembly of documents & data: • Copies of monthly bills for each account for all City locations. • Copies of all vendor contracts for electric utilities together with names and phone numbers of carrier representatives, if known; • Copies of all correspondence for disconnects, claims and/or inquiries with carriers and vendors; -------------------------------------------------------------------------------------------------------------------------------- 7 City of Yorkville Proposal to Provide Utility Auditing Services mAuditn June 4, 2008 • All ordinances relating to utility taxes and Franchise fees. • Any available residential and business address databases to uncover and discrepancies. Typical electronic databases provided by municipalities include as many of the following as possible: water hookup, sewer, police department or 911 , fire department, city plats with addresses, etc. As additional, independent sources of data provided the auditors will be able to resolve discrepancies faster and with more accuracy. Review with Yorkville Staff: Our audit process requires very little of the City's staff resources. A short list of tasks will be performed involving the City's staff. • Obtain names of City staff personnel in charge of Utility Services • Brief meetings or phone contact will be made with each person to determine their understanding of the Utility Infrastructure, billing problems they may have experienced , and any outstanding issues with vendors, including any pending changes in service. Project Timetable Timetable The expected progress of the audit is as follows: Preparation of Data and Materials 30 days Staff Interviews & Legal Review 30 days Spreadsheet Audit & Review 14 days Senior Review 5 days Report preparation 5 days 84 days Implementation 30-60 days Follow-up Audit 90 days after full implementation Proiect Variables: Timetable variance will occur on occasion due to a number of factors. Often, billing changes over a period of time are only apparent by examining monthly bills going back several months or years. If the carrier contests the claim AmAudit may have to docu- ---------------------------------------- ------------------ ----------- ------------------------------- 8 City of Yorkville Proposal to Provide Utility Auditing Services mAudit, June 4, 2008 ment claim with copies of monthly bills, contracts, tariffs, etc. , which will require historical billing documents which the City, will have to procure. Delays in finding and obtaining historical billing can extend the recovery period for credits and refunds by several months. Additionally, carrier denial of claims may require additional pre- paration for filing with the Federal Communications Commission or the Illinois Commerce Commission depending on the nature of the claim, which could extend the recovery process depending upon hearing dates, negotiations and other pressures on both sides to settle. We do not anticipate problems in the performance of the audit. Any issues that do arise will be discussed with the City as they may arise. This ensures that there are no surprises when it is time to deliver the final reports. Our non-invasive working relationship with municipal clients is a primary factor in the tremendous growth of the firm over the years. Audit Fee Audit Fee The fee for our audit services is on a contingent basis. Based upon the findings report submitted to Yorkville for approval, the fee is 50% of forward savings, refunds/credits, and increases in future revenue generated as detailed in the audit report(s). This will be billed to the customer as these monies are realized each month for 36 months. Future savings or increases in revenue (such as annexations) not due to AmAudifs findings are not subject to AmAudit's fee. If notified in writing, AmAudit will reduce our fee due to decrease in costs or revenue due to meaningful events (such as facility closure) as part of the normal course of business or changes in ordinances and/or franchise agreements. Based upon a scenario of $50,000 in savings generated per month to the Yorkville, the fee to AmAudit would be $25,000 per month for 36 months. After 36 months, Yorkville receives 100% of all forward savings and revenues. In addition, Yorkville is free to take advantage of the expert knowledge delivered in the audit reports. No other fees or costs are assessed for our services. ------------------------------------------------------------------------------------------------------------------------------------- 9 mA Auc it . MUNICIPAL FRANCHISE & TAX AUDIT AGREEMENT Agreement entered into this day of , between AniAudit hereinafter referred to as Auditor", and , hereinafter referred to as "Client". The Parties hereto agree as follows: 1. AUDIT SERVICES — Auditor agrees to provide audit services to obtain credits, forward savings and increases in future revenues through audits in the following areas: a. Franchise & Taxes: Auditor agrees to review and analyze current municipal electric, telecom, cable & gas utility service taxes and franchise fees agreements and collections. Such review shall include business & residential data base address listing and comparisons to electric, telecom, and gas utility database listings for the purpose of determining proper utility tax collections and franchise fee payments. b. Tax Assessments and Collections: Auditor agrees to review and analyze current tax processes and methods for assessing utility taxes for gas, electric, and telecom with a view toward increasing the tax base and/or future tax revenues. 2. FINDINGS — Auditor shall prepare a detailed written report of all of Auditor 's findings with spreadsheet attachments, where applicable, clearly demonstrating current utility revenues and costs and, where necessary, comparing current revenues and costs with required franchise agreements payments and/or ordinance assessment rates to demonstrate variances and errors or proposed increases in future revenues and savings. Auditor shall also prepare a detailed written report of all of Auditor 's findings with a listing of all discrepancies in utility tax records in comparison with municipal records together with-credits and estimated forward revenue increases and savings due to the audit results. The audit process shall also include a review of taxing methods and its effect on reaching the entire taxing base within the municipality. 3. CREDITS, REFUNDS, AND CLAIMS — Auditor shall process all credits, refunds, and claims when discovered with notice to Client of the discovery of such credit, refund or claim. Past, uncollected utility taxes assessed by the municipality, but either not collected by the utility or reimbursed to the municipality by the utility, shall not be considered part of the credits/refunds or claims in the audit findings. 4. RECOMMENDATIONS- Auditor shall make recommendations as it deems appropriate based on Auditor 's findings for the purpose of correcting payment collection and increasing future revenues and savings. All such recommendations shall be submitted in writing as part of the audit report and subject to approval by Client. Auditor 's recommendations are only suggested solutions and Client may prefer other solutions that they seek and obtain on their own after presentation of the Auditor 's findings. Audit fees shall be deemed earned based on credits, payment collection errors correction and increases in future revenue and savings regardless if they are obtained through Auditor 's recommendations or Client's preferred solution. 5. IMPLEMENTATION —Auditor will implement any or all of the agreed upon recommendations on behalf of client, to the extent that such implementation is within the power of the Auditor, after written authorization signed by the Client. If implementation requires enactment of a municipal ordinance or other actions totally within the power of the Client, such implementation shall be the responsibility of the Client. Client may choose to implement any or all of the recommendations presented by Auditor subsequent to Form 10-01-120806 An American Association of Utility Auditors Company Page 1 of 3 receipt of their written audit report. Auditor will act as Client's agent in the collection of any credits and refunds except that such agency shall not include representation in litigation or before the Public Service Commission without specific written agreement between the parties to that effect. 6. CLIENT OBLIGATIONS- Client hereby agrees to provide copies of all of their current franchise agreements, municipal tax ordinances, and copies of the current statements and bills for receipt of electric, telecom and gas services, utility taxes, and franchise fees as described in paragraph I a & lb. above either in paper form or electronic format including copies of all contracts for such services between Client and any and all carriers providing such services. Client shall also provide a Letter of Authority copied onto Client's letterhead to permit Auditor to obtain Client service records or copies of service agreements as necessary. Client also agrees to provide reasonable access to Client staff for purpose of identifying payments, clarifying services, tracking usage and identifying carrier personnel assigned to Client and such other information as may be necessary from time to time. Auditor agrees that access to staff shall be at reasonable times and shall be at the convenience of Client. Client agrees that during the process of the audit, Client will not make any changes to tax bases other than normal additions and deletions made in the ordinary course of business, nor will Client change contract terms or conditions with utility carriers until Auditor findings are complete. Client hereby represents that there are no pending negotiations with current or other carriers to modify, change, reduce or otherwise affect current utility franchise agreements and that Client will not engage in those activities during the audit process in order to permit AmAudit to complete it's findings without changes requiring a re-start to the audit process or raising issues as to the value of Auditor 's findings. 7. CONFIDENTIALITY- For purposes of this Agreement, "Confidential Information" means proprietary and confidential data or information of Client or AmAudit in whatever form transmitted, relating to business plans, operation, systems and/or the purchase and use of telecommunications or utility services, which (i) is disclosed by either party, indicating its confidential or proprietary nature or is obviously confidential or proprietary by its nature, or (ii) is developed during the relationship between the parties and set forth in the Auditor 's report or work product. The term "affiliate" shall mean any person or entity controlling, controlled by or under common control with a party. Neither Auditor nor Client shall disclose any Confidential Information to any person or affiliate outside the employ of Client or Auditor without the express written consent of the other party. The restrictions herein shall not extend to discussions or disclosures to telecom or utility carriers as may be required to conduct the audit services herein. 8. FEES — Auditor shall be compensated by Client for services rendered under this agreement by payment of a fee equal to: a. One half (50%) of the estimated first thirty six (36) month's forward savings, and b. One half (50%) of the estimated first thirty six (36) month's gross income generated from any increases in revenue income or reduction in costs to Client, and c. One half (50%) of any refunds or credits identified and realized due to the findings presented by Auditor. The fee for increases in revenue income shall be subject to a mandatory true-up to actual revenues annually if the revenue increase is over $ 10,000/month. If the estimated revenue increases are from $2,000 to $ 10,000 per month, either party may request a true-up to actual revenues annually. Revenue increases under $2,000 pre month shall have the fee based on the estimated revenues. Client shall not use directly or indirectly, or authorize the use of by any third party, throughout the 36-month period, any information obtained by Auditor to acquire credits, refunds or fixture revenues or future savings unless Auditor is paid its fee as required under this agreement. Fmm 10-01-120806 An American Association of Utility Auditors Company Page 2 of 9. PAYMENT SCHEDULE — The fee earned for authorized forward revenues and savings shall be paid each month for 36 consecutive months, beginning with the month following the month in which the authorized changes have been fully implemented. It is understood that several invoices may issue in any single month, each covering a separate utility service, due to different implementation dates of changes for each utility service. The entire fee for refunds or credits generated will be due upon receipt of such refund or credit by the Client. 10. DEFAULT- If Client should default on any payment not being contested for a greater period than 30 days from the billing date, Auditor, at it's discretion, may accelerate all payments due under this agreement and seek recovery of the entire estimated audit fee. All late payments shall incur a 1 .5% per month late payment penalty. If collection proceedings are required to recover audit fees earned herein, Client shall be responsible for collection costs including reasonable attorney's fees. 11. FUTURE REVENUES AND FORWARD SAVINGS - Shall be determined by comparing the historical monthly revenues and/or costs, for the 12 months prior to the Auditor 's findings, described in 2. above, to the estimated average monthly increase in future revenues and/or decrease in forward costs. Since estimating future revenues and forward savings varies based on the process of establishing those revenues and savings, the method of estimating the future revenues and forward savings will be described in detail as part of the findings. AmAudit• Client Name By: By: Signature Signature Name: Name: Print Print Title: Title: Date: Agent: Form 10-01-120806 An American Association of Utility Auditors Company Page 3 of nnAucit® UTILITY COST AUDIT AGREEMENT This Agreement entered into this day of I , by and between AmAudit, and hereinafter referred to as "Client". The Parties hereto agree as follows: 1. AUDIT SERVICES — AmAudit agrees to review and analyze current utility service bills as set forth in the "Scope of Audit" supplied herewith. Such review shall be for the purpose of reducing the ongoing utility operating costs to the lowest possible level consistent with Client's desired quality of service, current average usage and usage patterns and to correct any billing errors that may result in a refund or credit. The audit services shall be for the following selected utilities: A) Telecom Services: CHECK sox To INCLUDE a) Local .............................. ❑ b) Long Distance ................ ❑ c) Data ................................ ❑ d) Internet ........................... ❑ B) Electric Services: ................................... ❑ C) Gas Services: ......................................... ❑ D) Waste Removal: .................................... ❑ IF YOU DO NOT RECEIVE A REFUND, CREDIT OR EXPENSE REDUCTION, THERE WELL BE NO FEE FOR OUR SERVICES 2. FINDINGS — AmAudit shall prepare a detailed written report of all of the audit' s findings with spreadsheet attachment, when needed, clearly demonstrating current utility costs and, where necessary, comparing current costs with required contract and/or tariff costs to demonstrate variances and errors or proposed savings. Changes to current service to conform to existing agreements remove improper charges and cancellation of non-functioning services including all credits and refunds shall be processed when discovered and without prior written approval of Client. Notice of changes will be provided to the Client in a timely manner. Fonn I0-00-101505 An American Association of Utility Auditors Company Page 1 of 3. RECOMMENDATIONS — AmAudit shall make recommendations as it deems appropriate based on AmAudit 's findings for the purpose of avoiding billing error and reducing forward utility costs. All such recommendations shall be submitted in writing as part of the audit report and subject to approval by Client. AmAudit 's recommendations are only suggested solutions and Client may prefer other solutions that they seek and obtain on their own after presentation of the AmAudit 's findings. Audit fees shall be deemed earned based on forward savings regardless if they are obtained through AmAudit 's recommendations or Client' s preferred solution. 4. IMPLEMENTATION — AmAudit will implement any or all of the agreed upon recommendations on behalf of client after written authorization is given. Client may choose to implement any or all of the recommendations presented by AmAudit subsequent to receipt of their written audit report. AmAudit will act as Client' s agent in the collection of any credits and refunds except that such agency shall not include representation in litigation or before the Public Service Commission without specific written agreement between the parties to that effect. 5. CLIENT OBLIGATIONS — In addition to the Client obligations set forth in this agreement, the Client agrees to the following specific items: a. Client hereby agrees to provide copies of the current billing for telecom and other utility services as described in paragraph 1 . above either in paper form or electronic format including copies of all contracts for such services between Client and any and all utility carriers providing such services. b. Client shall also provide a Letter of Authority copied onto Client's letterhead in form as set forth hereto as Exhibit B to permit Auditor to obtain customer service records or copies of service agreements as necessary and to correct billing errors, remove improper charges, cancel unused services and apply for credits and refunds on behalf of Client. c. Client also agrees to provide reasonable access to Client staff for purpose of identifying circuits, clarifying services, tracking usage and function of circuits and equipment and such other information as may be necessary from time to time. AmAudit agrees that access to staff shall be at reasonable times and shall be at the convenience of Client. d. Client agrees that during the process of the audit, Client will not make any changes to services other than normal additions and deletions made in the ordinary course of business, nor will Client change contract terms or conditions with utility carriers until auditor findings are complete. e. Client hereby represents that there are no pending negotiations with current or other carriers to modify, change, reduce or otherwise affect current utility services and that Client will not engage in those activities during the audit process in order to permit AmAudit to complete it's findings without changes requiring a re-start to the audit process or raising issues as to the value of AmAudit 's findings. f. Client agrees that they will establish an appointment with an AmAudit agent within fifteen days after receiving notice from AmAudit that the written audit report is ready for presentation. If Client fails to establish an appointment date as required, Client agrees that delivery of the written audit report within ten working days after the required 15 day deadline, by certified mail, shall satisfy the requirement for Am,4udit to present the audit report. Client further agrees that they will initial and sign all of the items identified in the authorization page either Form 10-00-101505 An American Association of Utility Auditors Company Page 2 of4 accepting or rejecting the recommendation within thirty days after presentation of the written audit report 6. CONFIDENTIALITY — Neither party shall disclose confidential information to any third party unless required by the Freedom of Information Act or other statutory or court order. For purposes of this Agreement, "Confidential Information" means proprietary and confidential data or information of Client in whatever form transmitted, relating to business plans, operation, systems and/or the purchase and use of telecommunications or utility services, which (i) is disclosed by Client to AmAudit, indicating its confidential or proprietary nature or is obviously confidential or proprietary by its nature, or (ii) is developed during the relationship between the parties and set forth in the AmAudit 's report or work product. The term "affiliate" shall mean any person or entity controlling, controlled by or under common control with a party. AmAudit shall not disclose any Confidential Information to any person or affiliate outside the employ of Client without the express written consent of Client. The restrictions herein shall not extend to discussions or disclosures to telecom or utility carriers as may be required to conduct the audit services herein. 7. FEES — AmAudit shall be compensated by Client for services rendered under this agreement by payment of a fee equal to one half (50%) of the first 36 month's savings that arise from any changes to service or pricing identified and verified in the findings as presented by AmAudit that are implemented within 24 months by either AmAudit or Client, and 50% of any refunds or credits identified and realized due to the findings as presented by AmAudit. Client shall not use directly or indirectly, or authorize the use of by any third parry, throughout the 36-month period, any information obtained by AmAudit to acquire credits, refunds or future savings unless AmAudit has first been paid its fee 8. PAYMENT SCHEDULE — The fee earned for authorized forward going savings shall be paid each month for 36 consecutive months beginning with the month following the month in which the authorized changes have been fully implemented. It is understood that several invoices may issue in any single month, each covering a separate utility service, due to different implementation dates of changes for each utility service. The entire fee for refunds or credits generated will be due upon receipt of such refund or credit by the Client. 9. DEFAULT — If Client should default on any payment not being contested for a greater period than 30 days from the billing date, Auditor, at its discretion, may accelerate all payments due under this agreement and seek recovery of the entire estimated audit fee. All late payments shall incur a 1 .5% per month late payment penalty. If collection proceedings are required to recover audit fees earned herein, Client shall be responsible for collection costs including reasonable attorney's fees. Forth 10-00-101505 An American Association of Utility Auditors Company Page 3 of 4 AmAudit: Client By: By: Signature Signature Name: Name: Print Print Title: Title: Date: Agent: Form 10-00-10:505 An American Association of Utility Auditors Company Page 4 of ATTENTION: ❑ Telecommunications Providers: ❑ Natural Gas Utility and Providers: ❑ Electric Utility and Providers: ❑ Waste Removal Providers: ❑ Other providers: To Whom It May Concern: The undersigned appoints AmAudit as authorized representatives for the purpose of obtaining information relating to usage records, contracts, service orders and billing statements. DENNIS H. MARCHUK, and/or authorized agent of AmAudit has the right to procure this information for the purpose of providing a review of services with a statement of recommendations. This authority also permits AmAudit to make changes to correct contract errors, remove improper charges and cancel accounts no longer in use. You are hereby released from any and all liability for making pertinent information available to DENNIS H. MARCHUK and/or any officer or authorized agent of AmAudit. This authorization will become effective on the date of issuance indicated by the below signature. Respectfully, Company: Address: Printed Name: Position: Signature: Date: (Please copy onto company letterhead before signing) `�00 C/p` Reviewed By: Agenda Item Number J� R -0 -AA Legal ❑ �' k ii if esr �� 7836 Finance ❑ 1 I �` Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ ADM 2008-54 Parks and Recreation F-1 Agenda Item Summary Memo Title: Prevailing Wage Ordinance Meeting and Date• City Council-June 24, 2008 Synopsis: Ordinance that declares the city's compliance with the Illinois Prevailing Wage Act Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: Please see attached information. C/TI- ,� o� Memorandum EST. - 1836 To: Administration Committee 04 ` From: Lisa Pickering, Deputy Clerk ��' p CC: Brendan McLaughlin, City Administrator 9 Km"C° �= Date: June 3, 2008 <LE ��'� Subject: Prevailing Wage Ordinance The city is required by the State of Illinois to annually pass an ordinance declaring compliance with the Illinois Prevailing Wage Act. The purpose of the prevailing wage act is to ensure that the general prevailing rate of wages for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of the city are the same as the prevailing rate of wages for construction work in the Kendall County area. The rate of wages is determined by the Department of Labor and the State of Illinois. I have attached the ordinance along with the list of Kendall County prevailing wages for June 2008. COUNTY OF KENDALL ) ss STATE OF ILLINOIS ) ORDINANCE NO, 2008 - AN ORDINANCE DECLARING THE UNITED CITY OF YORKVILLE'S COMPLIANCE WITH ILLINOIS PREVAILING WAGE ACT WHEREAS, the State of Illinois has enacted "An ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941 , as amended, being Chapter 820 ILCS 130/1 - 12 Illinois Compiled Statutes; and WHEREAS, the aforesaid Act requires that the United City of Yorkville investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics, and other workers in the locality of said City employed in performing construction of public works, for said City. NOW, THEREFORE, be it ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: SECTION 1 To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works" approved June 26, 1941 , as amended, the general prevailing rate of wages in the locality for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of this City is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 2008, a copy of that determination being attached hereto as Exhibit "A" and incorporated herein by reference. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. SECTION 2 Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of this City to the extent required by the aforesaid Act. SECTION 3 The City Clerk shall publicly post or keep available for inspection by any interested party in the main office of this City this determination of such prevailing rate of wage. SECTION 4 The City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5 The City shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois. SECTION 6 The City Clerk shall cause a notice to be published in a newspaper of general circulation within the area that the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto as Exhibit `B". Such publication shall constitute notice that this is the determination of the City and is effective. PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2008. City Clerk WALTER WERDERICH MARTY MUNNS JOSEPH BESCO ROBYN SUTCLIFF ARDENJOEPLOCHER ROSESPEARS GARY GOLINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2008. Mayor Kendall County Prevailing Wage for June 2008 Page 1 of 6 Kendall County Prevailing Wage for June 2008 Trade Name RG TYP C Base FRMAN *M- F> 8 OSA OSH H/W Pensn Vac Trng ASBESTOS ABT-GEN ALL 34 . 750 35 . 250 1 . 5 1 . 5 2 . 0 8 . 830 6 . 170 0 . 000 0 . 270 '.... ASBESTOS ABT-MEC BLD 26 . 180 27 . 930 1 . 5 1 . 5 2 . 0 8 . 760 6 . 410 0 . 000 0 . 310 '.. BOILERMAKER BLD 39 . 450 43 . 000 2 . 0 2 . 0 2 . 0 6 . 720 8 . 490 0 . 000 0 . 300 '.. BRICK MASON BLD 36 . 430 40 . 070 1 . 5 1 . 5 2 . 0 7 . 700 8 . 770 0 . 000 0 . 440 '.. CARPENTER ALL 37 . 770 39 . 770 1 . 5 1 . 5 2 . 0 8 . 960 6 . 920 0 . 000 0 . 490 CEMENT MASON ALL 37 . 300 39 . 300 2 . 0 1 . 5 2 . 0 7 . 000 9 . 510 0 . 000 0 . 150 CERAMIC TILE FNSHER BLD 30 . 150 0 . 000 1 . 5 1 . 5 2 . 0 5 . 850 6 . 600 0 . 000 0 . 340 COMMUNICATION TECH BLD 32 . 440 34 . 540 1 . 5 1 . 5 2 . 0 8 . 890 8 . 110 0 . 000 0 . 650 ELECTRIC PWR EQMT OP ALL 29 . 180 37 . 490 1 . 5 1 . 5 2 . 0 4 . 750 8 . 180 0 . 000 0 . 220 ELECTRIC PWR GRNDMAN ALL 22 . 610 37 . 490 1 . 5 1 . 5 2 . 0 4 . 750 6 . 330 0 . 000 0 . 170 ELECTRIC PWR LINEMAN ALL 34 . 710 37 . 490 1 . 5 1 . 5 2 . 0 4 . 750 9 . 720 0 . 000 0 . 260 . ELECTRIC PWR TRK DRV ALL 23 . 350 37 .490 1 . 5 1 . 5 2 . 0 4 . 750 6 . 540 0 . 000 0 . 180 ELECTRICIAN BLD 40 . 390 44 . 430 1 . 5 1 . 5 2 . 0 8 . 890 10 . 10 0 . 000 0 . 810 ELEVATOR CONSTRUCTOR BLD 43 . 925 49 . 420 2 . 0 2 . 0 2 . 0 8 . 775 6 . 960 2 . 640 0 . 000 FENCE ERECTOR ALL 38 . 120 40 . 030 2 . 0 2 . 0 2 . 0 8 . 140 14 . 49 0 . 000 0 . 230 GLAZIER BLD 37 . 000 38 . 500 1 . 5 1 . 5 2 . 0 7 . 340 12 . 05 0 . 000 0 . 690 HT/FROST INSULATOR BLD 37 . 400 39 . 150 1 . 5 1 . 5 2 . 0 8 . 760 10 . 11 0 . 000 0 . 310 IRON WORKER ALL 38 . 120 40 . 030 2 . 0 2 . 0 2 . 0 8 . 140 14 . 49 0 . 000 0 . 230 LABORER ALL 34 . 750 35 . 500 1 . 5 1 . 5 2 . 0 8 . 870 6 . 130 0 . 000 0 . 270 LATHER BLD 37 . 770 39 . 770 1 . 5 1 . 5 2 . 0 8 . 960 6 . 920 0 . 000 0 . 490 MACHINIST BLD 38 . 390 40 . 390 2 . 0 2 . 0 2 . 0 4 . 880 6 . 550 2 . 650 0 . 000 MARBLE FINISHERS ALL 27 . 680 0 . 000 1 . 5 1 . 5 2 . 0 7 . 520 8 . 770 0 . 000 0 . 440 MARBLE MASON BLD 36 . 430 40 . 070 1 . 5 1 . 5 2 . 0 7 . 700 8 . 770 0 . 000 0 . 440 MATERIAL TESTER I ALL 24 . 750 0 . 000 1 . 5 1 . 5 2 . 0 8 . 870 6 . 130 0 . 000 0 . 270 MATERIALS TESTER II ALL 29 . 750 0 . 000 1 . 5 1 . 5 2 . 0 8 . 870 6 . 130 0 . 000 0 . 270 MILLWRIGHT ALL 36 . 520 38 . 520 1 . 5 1 . 5 2 . 0 7 . 960 5 . 920 0 . 000 0 . 490 OPERATING ENGINEER BLD 1 41 . 550 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 17900 0 . 700 OPERATING ENGINEER BLD 2 40 . 250 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER BLD 3 37 . 700 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER BLD 4 35 . 950 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 1 39 . 750 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 2 39 . 200 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 3 37 . 150 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 4 35 . 750 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 5 34 . 550 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 ORNAMNTL IRON WORKER ALL 38 . 120 40 . 030 2 . 0 2 . 0 2 . 0 8 . 140 14 . 49 0 . 000 0 . 230 PAINTER ALL 37 . 830 39 . 830 1 . 5 1 . 5 1 . 5 6 . 750 6 . 750 0 . 000 0 . 500 PAINTER SIGNS BLD 28 . 970 32 . 520 1 . 5 1 . 5 1 . 5 2 . 600 2 . 310 0 . 000 0 . 000 PILEDRIVER ALL 37 . 770 39 . 770 1 . 5 1 . 5 2 . 0 8 . 960 6 . 920 0 . 000 0 . 490 PIPEFITTER BLD 37 . 260 39 . 260 1 . 5 1 . 5 2 . 0 8 . 950 9 . 990 0 . 000 1 . 000 PLASTERER BLD 36 . 100 38 . 270 1 . 5 1 . 5 2 . 0 7 . 000 7 . 740 0 . 000 0 . 400 PLUMBER BLD 37 . 260 39 . 260 1 . 5 1 . 5 2 . 0 8 . 950 9 . 990 0 . 000 1 . 000 ROOFER BLD 35 . 000 38 . 000 1 . 5 1 . 5 2 . 0 6 . 800 3 . 870 0 . 000 0 . 330 SHEETMETAL WORKER BLD 38 . 210 40 . 210 1 . 5 1 . 5 2 . 0 7 . 300 8 . 870 0 . 000 0 . 640 SPRINKLER FITTER BLD 40 . 500 42 . 500 1 . 5 1 . 5 2 . 0 8 . 500 6 . 850 0 . 000 0 . 500 STEEL ERECTOR ALL 38 . 120 40 . 030 2 . 0 2 . 0 2 . 0 8 . 140 14 . 49 0 . 000 0 . 230 STONE MASON BLD 36 . 430 40 . 070 1 . 5 1 . 5 2 . 0 7 . 700 8 . 770 0 . 000 0 . 440 TERRAZZO FINISHER BLD 31 . 810 0 . 000 1 . 5 1 . 5 2 . 0 5 . 850 9 . 200 0 . 000 0 . 280 TERRAZZO MASON BLD 35 . 390 38 . 390 1 . 5 1 . 5 2 . 0 5 . 850 10 . 05 0 . 000 0 . 320 TILE MASON BLD 36 . 630 40 . 630 1 . 5 1 . 5 2 . 0 5 . 850 7 . 850 0 . 000 0 . 480 TRUCK DRIVER ALL 1 34 . 200 34 . 750 1 . 5 1 . 5 2 . 0 6 . 000 4 . 075 0 . 000 0 . 250 TRUCK DRIVER ALL 2 34 . 350 34 . 750 1 . 5 1 . 5 2 . 0 6 . 000 4 . 075 0 . 000 0 . 250 TRUCK DRIVER ALL 3 34 . 550 34 . 750 1 . 5 1 . 5 2 . 0 6 . 000 4 . 075 0 . 000 0 . 250 TRUCK DRIVER ALL 4 34 . 750 34 . 750 1 . 5 1 . 5 2 . 0 6 . 000 4 . 075 0 . 000 0 . 250 hth,•//QtatP ;l me/aoencv/idol/rateq/EVENMO/KENDALL9.htm 6/3/2008 Kendall County Prevailing Wage for June 2008 Page 2 of 6 TUCKPOINTER BLD 36 . 900 37 . 900 1 . 5 1 . 5 2 . 0 5 . 910 8 . 350 0 . 000 0 . 400 Legend : M-F>8 (Overtime is required for any hour greater than 8 worked each day, Monday through Friday. oSA (Overtime is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays) H/W (Health & welfare Insurance) Pensn (Pension) vac (Vacation) Trog (Training) Explanations KENDALL COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply : New Years Day, Memorial /Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day , Christmas Day . Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday . This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay . Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day . '.. If in doubt , please check with IDOL . EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material /mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed . This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date . ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems , such as pipes , ducts , and boilers , where the mechanical systems are to remain . CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile , whether for interior or exterior purposes , all burned, glazed or unglazed products ; all composition materials , granite tiles , warning detectable tiles , cement tiles , epoxy composite materials , pavers , glass , mosaics , fiberglass , and all substitute materials , for tile made in tile- like units ; all mixtures in tile like form of cement , metals , and other materials that are for and intended for use as a finished floor surface , stair treads , promenade roofs , walks , walls , ceilings , swimming pools , and all other places where tile is to form a finished interior or exterior . The mixing of all setting mortars including but not limited to thin- set mortars , epoxies , wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation , repair , or maintenance of tile and/or similar materials . The handling and unloading of all sand, cement , lime , tile , fixtures , equipment , adhesives , or any other materials to be used in the preparation, installation, repair , or maintenance of tile and/or similar materials . Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work . Application of any htti):H state.il.us/aaencv/idol/rates/EVENMO/KENDALL9.htrn 6/3/2008 Kendall County Prevailing Wage for June 2008 Page 3 of 6 and all protective coverings to all types of tile installations including , but not be limited to , all soap compounds , paper products , tapes , and all polyethylene coverings , plywood , masonite , cardboard , and any new type of products that may be used to protect tile installations , Blastrac equipment , and all floor scarifying equipment used in preparing floors to receive tile . The clean up and removal of all waste and materials . All demolition of existing tile floors and walls to be re -tiled . COMMUNICATIONS TECHNICIAN Construction , installation, maintenance and removal of telecommunication facilities (voice , sound , data and video) , telephone , security, and data inside wire , interconnect , terminal equipment , central offices , PABX and equipment , micro waves , V- SAT , bypass , CATV, WAN (wide area network) , LAN ( local area networks ) , and ISDN ( integrated system digital network) , pulling of wire in raceways , but not the installation of raceways . MARBLE FINISHER Loading and unloading trucks , distribution of all materials ( all stone , sand, etc . ) , stocking of floors with material , performing all rigging for heavy work, the handling of all mateiral that may be '.. needed for the installation of such materials , building of '.. scaffolding, polishing if needed , patching , waxing of material if '.. damaged, pointing up , caulking , grouting and cleaning of marble , holding water on diamond or Carborundum blade or saw for setters '.. cutting , use of tub saw or any other saw needed for preparation of '.. material , drilling of holes for wires that anchor material set by setters , mixing up of molding plaster for installation of material , mixing up thin set for the installation of material , mixing up of sand to cement for the installatin of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble , slate , travertine , art marble , serpentine , alberene stone , blue stone , granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as stone in the trade ) , carrara , sanionyx, vitrolite and similar opaque glass and the laying of all marble tile , terrazzo tile , slate tile and precast tile , steps , risers treads , base , or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and experior which sare installed in a similar manner . MATERIAL TESTER I : Hand coring and drilling for testing of materials ; field inspection of uncured concrete and asphalt . MATERIAL TESTER II : Field inspection of welds , structural steel , fireproofing, masonry, soil , facade , reinforcing steel , formwork , cured concrete , and concrete and asphalt batch plants ; adjusting proportions of bituminous mixtures . TRUCK DRIVER - BUILDING, HEAVY AND HIGHWAY CONSTRUCTION Class 1 . Two or three Axle Trucks . A- frame Truck when used for transportation purposes ; Air Compressors and Welding Machines , including those pulled by cars , pick-up trucks and tractors ; Ambulances Batch Gate Lockers ; Batch Hopperman ; Car and Truck Washers ; Carry- alls ; Fork Lifts and Hoisters ; Helpers ; Mechanics Helpers and Greasers ; Oil Distributors 2 -man operation ; Pavement Breakers ; Pole httD://state.il.us/aRenev/idol/rates/EVENMO/KENDALL9.htm 6/3/2008 Kendall County Prevailing Wage for June 2008 Page 4 of 6 Trailer , up to 40 feet ; Power Mower Tractors ; Self -propelled Chip Spreader ; Skipman ; Slurry Trucks , 2 -man operation ; Slurry Truck Conveyor Operation , 2 or 3 man ; Teamsters ; Unskilled dumpman ; and Truck Drivers hauling warning lights , barricades , and portable toilets on the job site . Class 2 . Four axle trucks ; Dump Crets and Adgetors under 7 yards ; Dumpsters , Track Trucks , Euclids , Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self - loading equipment or similar equipment under 16 cubic yards ; Mixer Trucks under 7 yeards ; Ready-mix Plant Hopper Operator , and Winch Trucks , 2 Axles . Class 3 . Five axle trucks ; Dump Crets and Adgetors 7 yards and over ; Dumpsters , Track Trucks , Euclids , Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self - loading equipment or similar equipment over 16 cubic yards ; Explosives and/or Fission Material Trucks ; Mixer Trucks 7 yards or over ; Mobile Cranes while in transit ; Oil Distributors , 1 -man operation ; Pole Trailer , over 40 feet ; Pole and Expandable Trailers hauling material over 50 feet long ; Slurry trucks , 1 -man operation ; Winch trucks , 3 axles or more ; Mechanic- -Truck Welder and Truck Painter . Class 4 . Six axle trucks ; Dual -purpose vehicles , such as mounted crane trucks with hoist and accessories ; Foreman ; Master Mechanic ; Self - loading equipment like P . B . and trucks with scoops on the front . '.. OPERATING ENGINEERS - BUILDING Class 1 . Mechanic ; Asphalt Plant ; Asphalt Spreader ; Autograde ; Backhoes with Caisson attachment ; Batch Plant ; Benoto ; Boiler and Throttle Valve ; Caisson Rigs ; Central Redi -Mix Plant ; Combination Back Hoe Front End- loader Machine ; Compressor and Throttle Valve ; Concrete Breaker ( Truck Mounted) ; Concrete Conveyor ; Concrete Paver; Concrete Placer; Concrete Placing Boom ; Concrete Pump (Truck Mounted) ; Concrete Tower ; Cranes , All ; Cranes , Hammerhead; Cranes , ( GCI and similar Type ) ; Creter Crane ; Crusher , Stone , etc . ; Derricks , All ; Derricks , Traveling ; Formless Curb and Gutter Machine ; Grader, Elevating; Grouting Machines ; Highlift Shovels or Front Endloader 2 - 1/4 yd . and over ; Hoists , Elevators , outside type rack and pinion and similar machines ; Hoists , one , two and three Drum ; Hoists , Two Tugger One Floor ; Hydraulic Backhoes ; Hydraulic Boom Trucks ; Hydro Vac ( and similar equipment ) ; Locomotives , All ; Motor Patrol ; Pile Drivers and Skid Rig ; Post Hole Digger ; Pre - Stress Machine ; Pump Cretes Dual Ram; Pump Cretes ; Squeeze Cretes - screw Type Pumps ; Raised and Blind Hole Drill ; Roto Mill Grinder ; Scoops - Tractor Drawn ; Slip - form Paver ; Straddle Buggies ; Tournapull ; Tractor with Boom and Side Boom ; Trenching Machines . Class 2 . Boilers ; Broom, All Power Propelled ; Bulldozers ; Concrete Mixer (Two Bag and Over) ; Conveyor , Portable ; Forklift Trucks ; Greaser Engineer ; Highlift Shovels or Front Endloaders under 2 - 1/4 yd . ; Hoists , Automatic ; Hoists , inside Freight Elevators ; Hoists , Sewer Dragging Machine ; Hoists , Tugger Single Drum ; Laser Screed ; Rock Drill ( self -propelled) ; Rock Drill (truck mounted) ; Rollers , All ; Steam Generators ; Tractors , All ; Tractor Drawn Vibratory Roller ; Winch Trucks with "A" Frame . Class 3 . Air Compressor ; Combination - Small Equipment Operator ; Generators ; Heaters , Mechanical ; Hoists , Inside Elevators - ( Rheostat http://state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm 6/3/2008 Kendall County Prevailing Wage for June 2008 Page 5 of 6 Manual Controlled) ; Hydraulic Power Units ( Pile Driving , Extracting , and Drilling) ; Pumps , over 3 " ( 1 to 3 not to exceed a total of 300 ft . ) ; Pumps , Well Points ; Welding Machines ( 2 through 5 ) ; Winches , 4 small Electric Drill Winches ; Bobcat (up to and including 3 /4 cu . yd . ) . Class 4 . Bobcats and/or other Skid Steer Loaders ; Oilers ; and Brick Forklift . OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1 . Craft Foreman ; Asphalt Plant ; Asphalt Heater and Planer Combination ; Asphalt Heater Scarfire ; Asphalt Spreader ; Autograder/GOMACO or other similar type machines ; ABG Paver ; Backhoes with Caisson attachment ; Ballast Regulator ; Belt Loader ; Caisson Rigs ; Car Dumper ; Central Redi -Mix Plant ; Combination Backhoe Front Endloader Machine , ( 1 cu . yd . Backhoe Bucket or over or with attachments ) ; Concrete Breaker (Truck Mounted) : Concrete Conveyor ; Concrete Paver over 27B cu . ft . ; Concrete Placer ; Concrete Tube Float ; Cranes , all attachments ; Cranes , Hammerhead , Linden , Peco & Machines of a like nature ; Crete Crane ; Crusher , Stone , etc . ; Derricks , All ; Derrick Boats ; Derricks , Traveling; Dowell machine with Air Compressor ; Dredges ; Field Mechanic -Welder ; Formless Curb and Gutter Machine ; Gradall and Machines of a like nature ; Grader , Elevating ; Grader , Motor Grader , Motor Patrol , Auto Patrol , Form Grader , Pull Grader , Subgrader ; Guard Rail Post Driver Mounted ; Hoists , One , Two and Three Drum ; Hydraulic Backhoes ; Backhoes with shear attachments ; Mucking Machine ; Pile Drivers and Skid Rig ; Pre- Stress Machine ; Pump Cretes Dual Ram ; Rock Drill - Crawler or Skid Rig ; Rock Drill - Truck Mounted ; Roto Mill Grinder ; Slip - Form Paver ; '.. Soil Test Drill Rig (Truck Mounted) ; Straddle Buggies ; Hydraulic Telescoping Form (Tunnel ) ; Tractor Drawn Belt Loader (with attached pusher - two engineers ) ; Tractor with Boom; Tractaire with Attachments ; Trenching Machine ; Truck Mounted Concrete Pump with Boom ; Raised or Blind Hole ; Drills (Tunnel Shaft ) ; Underground Boring and/or Mining Machines ; Wheel Excavator; Widener (APSCO) . Class 2 . Batch Plant ; Bituminous Mixer ; Boiler and Throttle Valve ; Bulldozers ; Car Loader Trailing Conveyors ; Combination Backhoe Front Endloader Machine ( less than 1 cu . yd . Backhoe Bucket or over or with attachments ) ; Compressor and Throttle Valve ; Compressor , Common Receiver ( 3 ) ; Concrete Breaker or Hydro Hammer ; Concrete Grinding Machine ; Concrete Mixer or Paver 7S Series to and including 27 cu . ft . ; Concrete Spreader ; Concrete Curing Machine , Burlap Machine , Belting Machine and Sealing Machine ; Concrete Wheel Saw ; Conveyor Muck Cars (Haglund or Similar Type ) ; Drills , All ; Finishing Machine - Concrete ; Greaser Engineer ; Highlift Shovels or Front Endloader ; Hoist - Sewer Dragging Machine ; Hydraulic Boom Trucks (All Attachments ) ; Hydro-Blaster ; All Locomotives , Dinky ; Pump Cretes ; Squeeze Cretes - Screw Type Pumps , Gypsum Bulker and Pump ; Roller , Asphalt ; Rotory Snow Plows ; Rototiller , Seaman , etc . , self -propelled ; Scoops - Tractor Drawn ; Self - Propelled Compactor ; Spreader - Chip - Stone , etc . ; Scraper ; Scraper - Prime Mover in Tandem (Regardless of Size ) ; Tank Car Heater ; Tractors , Push, Pulling Sheeps Foot , Disc , Compactor , etc . ; Tug Boats . Class 3 . Boilers ; Brooms , All Power Propelled ; Cement Supply Tender ; Compressor, Common Receiver ( 2 ) ; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable ; Farm- Type Tractors Used for Mowing , Seeding , etc . ; Fireman on Boilers ; Forklift Trucks ; Grouting Machine ; Hoists , httD:H state.il.us/agency/idol/rates/EVENMO/KENDALL9.httn 6/3/2008 Kendall County Prevailing Wage for June 2008 Page 6 of 6 Automatic ; Hoists , All Elevators ; Hoists , Tugger Single Drum ; Jeep Diggers ; Pipe Jacking Machines ; Post -Hole Digger ; Power Saw, Concrete Power Driven ; Pug Mills ; Rollers , other than asphalt ; Seed and Straw Blower ; Steam Generators ; Stump Machine ; Winch Trucks with "A" Frame ; Work Boats ; Tamper - Form-Motor Driven . Class 4 . Air Compressor ; Combination - Small Equipment operator ; Directional Boring Machine ; Generators ; Heaters , Mechanical ; Hydraulic Power Unit ( Pile Driving , Extracting , or Drilling) ; Hydro-Blaster ; Light Plants , All ( 1 through 5 ) ; Pumps , over 3 " ( 1 to 3 not to exceed a total of 300 ft . ) ; Pumps , Well Points ; Tractaire ; Welding Machines ( 2 through 5 ) ; Winches , 4 Small Electric Drill Winches . Class 5 . Bobcats ( all ) ; Brick Forklifts , Oilers . TERRAZZO FINISHER The handling of sand , cement , marble chips , and all other materials that may be used by the Mosaic Terrazzo Mechanic , and the mixing , grinding , grouting , cleaning and sealing of all Marble , Mosaic , and Terrazzo work, floors , base , stairs , and wainscoting by hand or machine , and in addition , assisting and aiding Marble , Masonic , and Terrazzo Mechanics . other Classifications of Work : For definitions of classifications not otherwise set out , the Department generally has on file such definitions which are available . If a task to be performed is not subject to one of the classifications of pay set out , the Department will upon being contacted state which neighboring county has such a classification and provide such rate , such rate being deemed to exist by reference in this document . If no neighboring county rate applies to the task , „ the Department shall undertake a special determination , such special determination being then deemed to have existed under this determination . If a project requires these , or any classification not '.. listed, please contact IDOL at 618/ 993 - 7271 for wage rates or clarifications . LANDSCAPING Landscaping work falls under the existing classifications for laborer , operating engineer and truck driver . The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer . The work performed by landscape operators (regardless of equipment used or its size ) is covered by the classifications of operating engineer . The work performed by landscape truck drivers ( regardless of size of truck driven) is covered by the classifications of truck driver . http://state.il.us/agency/idol/rates/EVENMO/KENDALL9.htm 6/3/2008 C/r` Reviewed By: Agenda Item Number O� 4 T Legal ❑ Finance ❑ ESL 1836 Engineer ❑ Tracking Number 9 Lin City Administrator F1 �O Consultant ❑ ADM 2008-46 �LE Parks and Recreation F-1 Agenda Item Summary Memo Title: Resolution Approving a Revised Park, Gazebo, Shelter Reservation Policy Meeting and Date: City Council—June 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Dave Mogle Parks & Recreation Name Department Agenda Item Notes: Attached is a copy of the current park rental policy, as well as the revised policy. Revisions were Made regarding the use of city parks for special events sponsored by local businesses and were based on discussion held at the 5/8/08 Administration Committee meeting. 11�p cip`� United City of Yorkville Memo 800 Game Farm Road EST. , 1636 Yorkville, Illinois 60560 .4 -�` Telephone: 630-553-4350 �� U °t p Fax: 630-553-7575 <CE Date: June 17, 08 To: City C From: Dave ogle,Director of Parks and Recreation CC: Brendan McLaughlin Subject: Policy Regarding the Use of City Parks to Promote Special Events Sponsored by Local businesses At the June 12 Administration Committee Meeting,I proposed changes to the Park and Recreation Department Park,Gazebo,Shelter Reservation Policy that addressed the establishment of a fee for organizations wishing to rent a city park hold large community festivals or entertainment events. The committee directed a few changes to the proposal and placed it on the consent agenda for the June 24 City Council Meeting. The same evening, following the Administration Committee Meeting,I brought the policy to the Park Board for their review. Besides the issue of establishing a fee for organizations wishing to rent a city park for large community festivals or entertainment events, there were other areas of the policy pertaining to park, shelter and Gazebo rentals that needed updating since its last revision in 2005. The result was that the park board recommended some additional changes to the policy. The Park board recommended the following: • Basing the amount of the deposit on the expected attendance. One hundred dollars for rentals of 100 people or less,$500 for rentals between 100 and 500 in attendance, and$1,000 for rentals over 500. • Raising the rental fee on the Gazebo to match the Large Group Shelter fee because the maintenance costs on the Gazebo are the same as the shelter • Establishing the non-resident rates for gazebo and shelter rentals at 30%higher than the resident rate These adjustments proposed by the park board coupled with the changes directed by the Administration Committee constitute the changes made to the Park and Recreation Department Park,Gazebo, Shelter Reservation Policy. If the additional changes the Park Board recommended are agreeable to the Administration Committee members, I propose the approval of the policy remain on the consent agenda. v, I 0. i Y��'" 1 b •t - �1 1 > • i • . • • • • • ' 1 i � � 1 1 • • • fllllffflll • TABLE OF CONTENTS Reservation Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 RentalCategories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 UsePriorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Request for Parks and Park Amenities Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Who Must Complete a Park Reservation . . . . . .. . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . 5 Permissible Uses for Reservations . . . .: .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Block Parties Community or Organization Event (Non-Fund Raisers, or Profit Making) Private Events (Family Reunions, Weddings, Private Parties) Community or Organization Event (Fund Raisers) Large-Group Policy . ., . . . . . . . . . . . . . ... . ,. . . . : . . . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. . ... . . .5 Park, Gazebo, Shelter Reservation Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . 6 Establishment Resident verses Non-Resident Users Commercial Users Waiver of Fees Payment of Fees Refund of Fees Park Sites and Amenities Available for Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-8 General Policies and Procedures for Use . . . . . . . . . . . . . . . . . . . : . . . . . .. . . . . . . . . . . . . . . . .9-10 Reservation Fees FY 2005-06 . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 -12 Standard Application for Shelters, Gazebos, and Parks Reservation . . . . . . . : . 13 2 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK, GAZEBO, SHELTER RESERVATION POLICY The Park, Gazebo, Shelter, (non-athletic fields) Reservation policy of the United City of Yorkville has been established to provide a systematic method by which Parks and park amenities (Shelters, Gazebos and other amenities) may be reserved by the residents of the community. A reservation is not required for park use for occasional play. Multiple activities or special use (which includes use by a resident or groups, multiple days, or week play for a designated area) a permit is required and will guarantee use for the dates and times specified on the permit. All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. Occasionally parks may be excluded from the reservation availability. Objective • To provide maximum utilization of parks through centralized scheduling • To provide an impartial distribution of park amenities, shelters or gazebo to the various community groups who wish to reserve. • To plan cooperatively with other community agencies to enhance individual and group recreational needs. • To provide recreational activities which take into consideration the needs of the community. • To provide the best possible maintenance of the parks using available manpower and monetary resources. RENTAL CATEGORIES Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries Use Priorities When scheduling use or reservation of a park, or park amenities, the following priorities shall be established: 1 . United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Groups, organization or other community bodies that have approved cooperative agreements with the United City of Yorkville. 4. Privately sponsored programs within the city limits. 5. Private groups or individuals outside the city limits, requesting use of a park on a single or multiple dates. 6. Other Residents groups (groups with 80% or more United City of Yorkville residents) shall be given priority over non- resident groups. The 80% residency requirement shall be calculated based on the total number of people who will be in attendance. Parks and Park amenities may be used on a drop-in basis by any group or individual without a reservation on a first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized or reserved use. Groups or individuals with an approved reservation or permit and City programs will have priority use. In case of inclement weather, the United City of Yorkville Park and Recreation Department shall make the final decision regarding use of the park or park amenities. Request for Parks and Park Amenities Reservation Organizations, Groups and individuals desiring to reserve Parks, Park amenities including shelters, gazebos, etc, shall complete the standard application for reservation. Some parks and activities may be excluded from park reservations as determined by recommendations from the Park Board or staff. In addition, organizations, groups, and individuals shall be required to submit the following with the application form: ■ (For Groups and Organizations) A certificate of insurance — co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation ■ A signed permit request form with the name and address of the person making the request. In addition, complete information regarding the use of the park or park amenities and acknowledgement / agreement to adhere to the park use policy. ■ The Recreation Department may request additional information from the desired individual or groups if it is considered to be in the best interest of the City or necessary to make a decision regarding the use. Reservation requests shall be approved beginning on the following dates: Spring Season (March — May) February 15th Summer Season (June — August) April 15th Fall Season (September — November) July 1511 WHO MUST COMPLETE A PARK RESERVATION ? Any organization or individual who: • Want to reserve a certain area for a specific date and time • Require special arrangements • Are planning a special-use activity, such as pitching tents or erecting non-routine apparatuses PERMISSIBLE USES FOR RESERVATIONS Any resident, organization or group wishing to reserve a park, or park amenity for use shall have an approved reservation permit prior to publicly advertising the use of the park or location. This includes single use or multiple use requests. Each multiple use request may not exceed more than 3 days. Some activities may be determined to be not appropriate for specific parks due to location, use, or overall function of the park. Requesting party must include all activities or uses of the park when making the request. A. BLOCK PARTIES B. COMMUNITY OR ORGANIZATION EVENT (non-fund raisers) C. PRIVATE EVENTS (family reunions, weddings, private parties) D. COMMUNITY OR ORGANIZATION EVENT (fund raisers) At the time of application, all special requests must be indicated in.detail on the reservation form. These include, but are not limited to, bringing in tables and chairs, inflatable amusement equipment, selling concessions (including items to be sold and their prices), selling of miscellaneous items for fund raising or profit, extended park hours use, use of a public address system, admission charges, additional maintenance, use of snow fence, and water or electrical access. No equipment or permanent signage will be added or installed to the park without the permission of the Park Board, City Council, or designated staff. No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed in any City Parks or premises. Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. Damage or excessive litter may result in a loss of privileges and clean up fees. Selling of any items in the parks must be approved through the vendor permitting process. Adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and future uses of all City Parks, fields and / or facilities. Furthermore, the resident, group or organization assumes all responsibility for the repair or replacement of damage as a result of misuse of the park, equipment or park amenities. PARK. GAZEBO, SHELTER RESERVATION FEES A. Establishment The Board shall annually (based on fiscal year) recommend fees for the reserved use of Park, Gazebo, Shelter based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities. Fees shall be established in the following categories: 1 . Gazebo single use 2. Large and small shelter single use 3. Park single use (non athletic fields) 4. Gazebo multiple use 5. Shelter multiple use 6. Park multiple use (non athletic fields) 7. Resident, non-resident and commercial use fees 8. Special use (including fundraising, educational and religious) B. Resident verses Non-Resident Users To qualify for resident fees a group shall consist of 80% or more residents of the United City of Yorkville, City boundaries. The 80% residency requirement shall be calculated based on the total number of individuals using the park. Residency shall be determined based on the home address of the individuals as opposed to the business address or the address of other family members. The Recreation Department may waive the residency requirement if it is considered in the best interest of the City. C. Commercial Users Any group reserving park or park amenity for profit making purposes shall be charged the commercial fee. D. Waiver of Fees The United City of Yorkville may waive fees to schools, private groups or organization in exchange of services or agreed upon arrangements. Waiver of fees must be approved by the Human Resource Commission per the sponsorship policy and procedures set by the City Council. E. Payment of Fees Groups reserving a park or park amenity shall provide a $100.00 security deposit to guarantee the reservation. Groups or individuals reserving parks or park amenities on a single or multiple use bases shall be required to pay the established fee at least one week prior to the date reserved. A permit shall be issued upon payment of the fee. Payment of fees shall be made at the Yorkville Park and Recreation Department - Beecher Community Center. If a park or park amenity is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the group or individual shall be charged the amount necessary to cover the cost of the required maintenance and /or repair. F. Refund of Fees A refund of a park or park amenity reservation fee may be granted for the following reasons: • If the United City of Yorkville Park and Recreation Department staff feels that the park is in an unusable condition. • If the group or individual provides written notification of cancellation to the Department at least one week prior to the date reserved. RESERVATION FEES Attached fee schedule. The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks. All fees are subjected to changing without notice GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS, OPEN SPACE AND FACILITIES: No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department. No ball hitting or pitching into fences or dugouts is allowed. • Each party will report any damage, accidents and or maintenance concerns to the park and recreation department immediately. Coordination of work involving the park department staff or use of the equipment will generally require a two- week notice, for scheduling purposes. All requests for park staff must be approved by the Department Head. • Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed in other areas of the parks, trails, or walkways or grass areas. • All requests for use of fields, or park(s) for organized play or private events must be in writings. • Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use. This form must be turned into the Park and Recreation Department at the end of the season or maintenance obligation. Due to the scheduling or early setups for the other functions, all groups and organizations are requested to use only the area, field, or park that has been assigned to them. • No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or partisan political activities of any kind. Non-partisan public meetings and information forums are permitted. • No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be patrolling and monitoring the event at the discretion of the United City of Yorkville staff. • Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. The park should be left in equal or better condition that it was found. Damage or excessive litter may result in a loss of privileges and fees for clean up. • Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable. All groups must adhere to the inclement weather practice for field conditions; (no standing water, saturated turf conditions, or times when safety is a concern). • Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields. (Sign ordinance, Building rental policies, Lightening Prediction Policy, and weather warning alarm system, and any other city guidelines that pertain to the use of City Owned property). • No parking on sidewalks or grass areas in or surrounding the parks. • No grilling or open flames in the parks. • All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. • All animals must adhere to the leash control ordinance. Petting zoos for one day special events are permitted in specific parks as determined by the Park and Recreation staff, Park Board or City Council. Health codes, permits and licenses are required. • Ice skating, ice fishing, sledding, or other winter activities are limited to parks or locations where permissible and indicated by signage. • Portable tents with or without stakes or semi-permit shelters or structures are permitted in approved park locations only. Some parks are restricted from tents uses due to the size, availability to the surrounding residents and restricted appropriate use. • Groups desiring additional tables and chairs beyond what is already available must arrange for their own tables and chairs. • All groups reserving a park, shelter, gazebo or amenity must have an authorized representative 21 years or older, sign a waiver and release form, which includes a hold harmless clause and an agreement to be responsible for clean up and possible damages. The representative also must remain on site during the rental use. • No vendors are allowed on City owned land or locations except when they are sponsored by an event that has been issued a permit by the United City of Yorkville Parks and Recreation Department. • Activities including sound amplification should not unreasonably interfere in any way with other park users or adjacent property owners. Amplification and special lighting are allowed only if a permit is issued at the time of the reservation request. • When portable bathrooms are needed, the user must make arrangements to obtain and remove them from the park no later that 3:00 pm the day after the event. • Unauthorized use of pyrotechnics and fireworks are not allowed on park property. ATTACHMENT PARKS, GAZEBOS, SHELTERS RESERVATION POLICY RESERVATION FEES The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities. All fees are subjected to changing without notice. Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Cate o ry A Cate o ry B Small Large Gazebo Park Small Large Gazebo Park Shelter group Shelter group shelter shelter 0-2 10.00 50.00 35.00 20.00 10.00 50.00 35.00 20.00 hours 2-4 15.00 65.00 40.00 25.00 15.00 65.00 40.00 25.00 hours 4-6 20.00 80.00 55.00 30.00 20.00 80.00 55.00 30.00 hours 6-8 25.00 100.00 75.00 40.00 25.00 100.00 75.00 40.00 hours Cate o ry C Category D Small Large Gazebo Park Small Large Gazebo Park Shelter group Shelter group shelter I shelter 0-2 15.00 65.00 40.00 25.00 20.00 80.00 45.00 30.00 hours 2-4 20.00 80.00 45.00 30.00 25.00 95.00 50.00 35.00 hours 4-6 30.00 100.00 65.00 40.00 35.00 125.00 65.00 45.00 hours 6-8 45.00 125.00 90.00 55.00 50.00 150.00 80.00 65.00 hours Category E Category F Small Large Gazebo Park Small Large group Gazebo Park Shelter group Shelter shelter shelter 0-2 20.00 80.00 45.00 30.00 30.00 90.00 55.00 45.00 hours 2-4 25.00 95.00 50.00 35.00 35.00 125.00 60.00 50.00 hours 4-6 35.00 125.00 65.00 45.00 45.00 150.00 80.00 65.00 hours 6-8 50.00 150.00 80.00 65.00 65.00 175.00 95.00 80.00 hours Key Deposit: $25.00 residents $35.00 non-residents SPECIAL USE Water or electrical access when available $20.00 additional. Must supply your own extension cords. Please reference the concession stand / vendor operation policy for special use request. STANDARD APPLICATION FOR SHELTERS, GAZEBOS, AND PARKS RESERVATION UNITED MY OF YORKVILLE PARK AND RECREATION DEPARTMENT RESERVATION REQUESTS SHALL BE APPROVED BEGINNING ON THE FOLLOWING DATES: SPRING SEASON (MARCH - MAY) FEBRUARY I STH SUMMER SEASON (JUNE - AUGUST) APRIL 1 5TH FALL SEASON (SEPTEMBER - NOVEMBER) JULY 15TH PLEASE INDICATE TYPE OF GROUP REQUESTING USE BY CIRCLING THE APPROPRIATE CATEGORY CATEGORY A GOVERNMENT AND NON-PROFIT ORGANIZATION WHICH ARE LOCATED WITHIN THE UNITED CITY OF YORKVILLE. CATEGORY B PRIVATE GROUPS AND INDIVIDUALS WHICH ARE COMPRISED OF PREDOMINATELY (AT LEAST 80%) UNITED CITY OF YORKVILLE RESIDENTS. CATEGORY C BUSINESS OR CORPORATIONS WHICH ARE LOCATED WITHIN THE UNITED CITY OF YORKVILLE BOUNDARIES . CATEGORY D GOVERNMENTAL AND NON-PROFIT ORGANIZATIONS WHICH ARE LOCATED OUTSIDE THE UNITED CITY OF YORKVILLE BOUNDARIES. CATEGORY E PRIVATE GROUPS AND INDIVIDUALS WHO DO NOT FALL INTO THE PREDOMINATELY RESIDENT CLASSIFICATION (CATEGORY B). CATEGORY F BUSINESS OR CORPORATIONS WHICH ARE LOCATED OUTSIDE OF THE UNITED CITY OF YORKVILLE BOUNDARIES. GROUP OR INDIVIDUAL NAME CONTACT PERSON: ADDRESS HOME PHONE: WORK PHONE: CELL LOCATION REQUESTED: DATE(s) / TIME(s) REQUESTED: BEGIN TIME END TIME PURPOSE SPECIAL USE REQUESTS (CONCESSIONS, WATER, ELECTRICAL, OTHER). EXPECTED ATTENDANCE OR VISITORS TO YOUR EVENT. (PLEASE NOTE: PUBLIC SAFETY MAY REQUIRE ADDITIONAL POLICE PRESENT PENDING THE TYPE OF EVENT AND ATTENDANCE. THIS MAY RESULT IN AN ADDITIONAL FEE ASSESSED TO THE GROUP FOR THIS SERVICE). WILL YOU BE SELLING ANY PRODUCTS, FOOD, OR MISCELLANEOUS ITEMS? YES (PLEASE EXPLAIN) NO SECURITY DEPOSITS WILL BE FORFEITED IF THE PARK, SHELTER OR GAZEBO IS NOT RESTORED TO THE ORIGINAL STATE, ALL LITTER REMOVED, OR IF DAMAGE OCCURS AS A RESULT OF MISUSE OR ABUSE TO THE UNITED CITY OF YORKVILLE PARK AND RECREATION EQUIPMENT OR PROPERTY. INSPECTIONS WILL BE COMPLETED FOLLOWING YOUR EVENT BY A UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT STAFF. INDIVIDUALS MAY BE ASSESSED ADDITIONAL CHARGES FOR EXTENDING TIMES PAST THE SCHEDULED RESERVATION. I HAVE READ AND AGREE TO FOLLOW AND ABIDE TO THE RULES AND REGULATIONS SET FORTH BY THE UNITED CRY OF YORKVILLE. SIGNED DATE: IN ORDER COMPLETE THE REQUEST, THE FOLLOWING DOCUMENTS MUST BE FORWARDED TO THE RECREATION DEPARTMENT: (GROUPS OR ORGANIZATIONS) - A CERTIFICATE OF INSURANCE CO-NAMING THE UNITED CITY OF YORKVILLE AS AN ADDITIONAL INSURED, ASSUMPTION OF LIABILITY, AND WAIVER OF SUBROGATION. OFFICIAL USE ADDITION INFORMATION REQUESTED RESERVATION AMOUNT DEPOSIT AMOUNT ($ 100) DATE OF REQUEST DATE RECEIVED STAFF INITIALS APPROVED / DENIED REFUND REQUESTED LOCATION ASSIGNED CONCESSION STAND, MERCHANT LICENSE APPLICATION NEEDED: YES / NO HEALTH PERMIT NEEDED: YES / NO PARK SITES AND AMENITIES AVAILABLE FOR RESERVATIONS Some parks are restricted from exclusive reservations due to the size, availability to the surrounding residents and restricted appropriate use. The park use availability will be reviewed and adjusted annually based on available parks or designs. Individual Parks or amenities available for reservation are subjected to changing without notice based on Park Board and City Council direction . TOWN SQUARE — 2.55 Acres Gazebo / Shelter Available for Small picnic areas No grilling or open flames in the parks. Drinking fountain Portable tents with stakes or semi-permit shelters are not permitted BEECHER PARK - 22.6 acres Open grass for multi-play area Multi-age level Playground & swings Drinking fountain Picnic table No grilling or open flames in the parks Ball field and soccer fields (please refer to the athletic field reservation policy) Beecher Building (please refer to the Beecher building rental policy) Concession building with restrooms Riverfront Park — 5 acres Large group shelter 3 small shelter No grilling or open flames in the parks Playground, swings, sand play area, Water fountain Portable tents with stakes or semi-permit shelters are not permitted Kiwanis Park — 2 acres 1 small shelter Grass open area Playground & Swings / court basketball No grilling or open flames in the parks Portable tents with stakes or semi-permit shelters are not permitted Rice Park - 1 acre 1 small shelter 16x16 Picnic table No grilling or open flames in the parks Playground & swings Funnel ball Fox Hill (East) — 2 acres Basketball court (full court) Picnic table No grilling or open flames in the parks Playground & swings Fox Hill (West) — 6 acres Open grass area Baseball Field (please refer to the athletic field reservation policy) No grilling or open flames in the parks Hiding Spot Park — 1 .6 acres Picnic area / tables Bocce court No grilling or open flames in the parks Van Emmon Park — 1 .8 acres Baseball Field (please refer to the athletic field reservation policy) No grilling or open flames in the parks Grass open area Portable tents with stakes or semi-permit shelters are not permitted 1 E pp S 54 .%a K Ca t 1 Y � u v. ;11 1 , ing ii ;�iiiiiii UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK, GAZEBO, SHELTER RESERVATION POLICY REVISED POLICY DRAFT 6/2008 CHANGES HIGHLIGHTED Park Board approved 3/8/04 City Council approved 4/27/04 Revised policy - DRAFT 3/2005 Park Board meeting 3/14105, 3/28/05 Committee of the Whole 4/5/05, 4/19/05 City Council approved 4/26/05 Y[aRKvlll~: PARKS & RECRRATION TABLE OF CONTENTS Reservation Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 RentalCategories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 UsePriorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Request for Parks and Park Amenities Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Who Must Complete a Park Reservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . 5 Permissible Uses for Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Block Parties Community or Organization Event (Non-Fund Raisers, or Profit Making) Private Events (Family Reunions, Weddings, Private Parties) Community or Organization Event (Fund Raisers) Large-Group Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . .5 Park, Gazebo, Shelter Reservation Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Establishment Resident verses Non-Resident Users Commercial Users Waiver of Fees Payment of Fees Refund of Fees Park Sites and Amenities Available for Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . 7-8 General Policies and Procedures for Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10 Reservation Fees FY 2008-09 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 -12 Standard Application for Shelters, Gazebos, and Parks Reservation . . . . . . . . . 13 2 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT PARK, GAZEBO, SHELTER RESERVATION POLICY The Park, Gazebo, Shelter, (non-athletic fields) Reservation policy of the United City of Yorkville has been established to provide a systematic method by which parks and park amenities (Shelters, Gazebos and other amenities) may be reserved by the residents of the community. A reservation is not required for park use for occasional play. Multiple activities or special use (which includes use by a resident or groups, multiple days, or weeki play for a designated area) a permit is required and will guarantee use for the dates and times specified on the permit. All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville park shall remain open to the public at all times. Occasionally parks may be excluded from the reservation availability. Objective • To provide maximum utilization of parks through centralized scheduling • To provide an impartial distribution of park amenities, shelters or gazebo to the various community groups who wish to reserve. • To plan cooperatively with other community agencies to enhance individual and group recreational needs. • To provide recreational activities which take into consideration the needs of the community. • To provide the best possible maintenance of the parks using available manpower and monetary resources. RENTAL CATEGORIES Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries 3 Use Priorities When scheduling use or reservation of a park, or park amenities, the following priorities shall be established: 1 . United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Groups, organizations or other community bodies that have approved cooperative agreements with the United City of Yorkville. 4. Privately sponsored programs within the city limits. 5. Private groups or individuals outside the city limits, requesting use of a park on single or multiple dates. 6. Other Resident groups (groups with 80% or more United City of Yorkville residents) shall be given priority over non- resident groups. The 80% residency requirement shall be calculated based on the total number of people who will be in attendance. Parks and park amenities may be used on a drop-in basis by any group or individual without a reservation on a first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized or reserved use. Groups or individuals with an approved reservation or permit and City programs will have priority use. In case of inclement weather, the United City of Yorkville Park and Recreation Department shall make the final decision regarding use of the park or park amenities. Request for Parks and Park Amenities Reservation Organizations, groups and individuals desiring to reserve parks, park amenities including shelters, gazebos, etc, shall complete the standard application for reservation. Some parks and activities may be excluded from park reservations as determined by recommendations from the Park Board or staff. In addition, organizations, groups, and individuals shall be required to submit the following with the application form: ■ (For groups and organizations) A certificate of insurance — co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation ■ A signed permit request form with the name and address of the person making the request. In addition, complete information regarding the use of the park or park amenities and acknowledgement / agreement to adhere to the park use policy. ■ The Recreation Department may request additional information from the desired individual or groups if it is considered to be in the best interest of the City or necessary to make a decision regarding the use. Reservation requests shall be approved beginning on the following dates: Spring Season (March — May) February 15th Summer Season (June — August) April 15th Fall Season (September — November) July 15th 4 WHO MUST COMPLETE A PARK RESERVATION ? Any organization or individual who: • Wants to reserve a certain area for a specific date and time • Require special arrangements • Are planning a specal use activity, such as itching tents or erecting non routine apparatuses o° sti Y Je" e�iee ao, pub �cg � oe� > qTi in - ?( d PERMISSIBLE USES FOR RESERVATIONS Any resident, organization or group wishing to reserve a park, or park amenity for use shall have an approved reservation permit prior to publicly advertising the use of the park or location. This includes single use or multiple use requests. Each multiple use request may not exceed more than 3 days. Some activities may be determined to be not appropriate for specific parks due to location, use, or overall function of the park. Requesting party must include all activities or uses of the park when making the request. A. BLOCK PARTIES B. COMMUNITY OR ORGANIZATION EVENT (non-fund raisers, or profit making) C. PRIVATE EVENTS (family reunions, weddings, private parties) D. COMMUNITY OR ORGANIZATION EVENT (fund raisers) At the time of application, all special requests must be indicated in detail on the reservation form. These include, but are not limited to, bringing in tables and chairs, inflatable amusement equipment, selling concessions (including items to be sold and their prices), selling of miscellaneous items for fund raising or rofit, extended ark hours use, use of a public address system, _ � admission charges, �r�,; .. . f : wo = i- a I rW, additional maintenance, use of snow fence, and water or electrical access. No equipment or permanent signage will be added or installed to the park without the permission of the Park Board, City Council, or designated staff. No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed in any City Park or premises. Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. Damage or excessive litter may result in a loss of privileges and clean up fees. Selling of any items in the parks must be approved through the vendor permitting process. Adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and future uses of all City Parks, fields and I or facilities. Furthermore, the resident, group or organization assumes all responsibility for the repair or replacement of damage as a result of misuse of the park, equipment or park amenities. 5 LARGE-GROUP POLICY Groups with more than 100 members make a serious im act i'it de mss, As art of confirming the P p - M � P 9 reservation for use the Police will be consulted regarding potential impacts to the Parks and Cit ublic safety. The only Community parks / areas available for large private groups include BeechernRiVera[af j'a7s Parking must remain within designated areas. Fees will be set based on a _ .@M56 direct costs incurred for preparation and post event repairs and clean- up and Prajested number of participants by the Park and Recreation Department #sr-preparation and pest eveRt Fepairs and Glean up. Fees will be estimated in advance by the appropriate staff. Large group events may be subject to additional fees for public safety / police and /or traffic control. PARK, GAZEBO, SHELTER RESERVATION FEES A. Establishment The Board shall annually (based on fiscal year) recommend fees for the reserved use of Park, Gazebo, Shelter based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities. Fees shall be established in the following categories: 1 . Gazebo single use 2. Large and small shelter single use 3. Park single use (non athletic fields) 4. Gazebo multiple use 5. Shelter multiple use 6. Park multiple use (non athletic fields) 7. Resident, non-resident and commercial use 8. Special use including fundraising, educational and religious) B. Resident verses Non-Resident Users To qualify for resident fees a group shall consist of 80% or more residents of the United City of Yorkville, City boundaries. The 80% residency requirement shall be calculated based on the total number of individuals using the park. Residency shall be determined based on the home address of the individuals as opposed to the business address or the address of other family members. The Recreation Department may waive the residency requirement if it is considered in the best interest of the City. C. Commercial Users Any group reserving a park or park amenity for profit making purposes shall be charged the commercial fee. D. Waiver of Fees The United City of Yorkville may waive fees to schools, private groups or organizations in exchange of services or agreed upon arrangements. Waiver of fees must be approved by the Human Resource Commission per the sponsorship policy and procedures set by the City Council. E. Payment of Fees Groups reserving a park or park amenity shall provide a $100.00 security deposit to guarantee the reservation. 6 For Festival/�tttextarnment,ever�fs it �bich rrior� ha ��R�e�op[ are�eyxpecte� tr���f�erid, a$51��3Oa�serur�`# Groups or individuals reserving parks or park amenities on a single or multiple use basis shall be required to pay the established fee at least one week prior to the date reserved A permit be issued upon payment of'iii the FrFestjvallE # rtammetnfisirtic 1han50 pope,are eetedattdtrd Pmrnt of fFsfi#II t�eegedall tv o e tthdq}te reseNed Payment of fees shall be made at the Yorkville Park and Recreation Department - 8eeGher Comm unity Center. 201 W. Hydraulic Dr. If a park or park amenity is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the group or individual shall be charged the amount necessary to cover the cost of the required maintenance and /or repair W_at eya e at �ctQe dfeRa .. F. Refund of Fees A refund of a park or park amenity reservation fee may be granted for the following reasons: • If the United City of Yorkville Park and Recreation Department staff feels that the park is in an unusable condition. • If the group or individual provides written notification of cancellation to the Department at least one week nor to the date reserved O t7 end e a : ec „ tarns # w�e - t��adltTa one a ,ea1} t1 imd RESERVATION FEES Attached fee schedule. The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks. All fees are subjected to changing without notice. PARK SITES AND AMENITIES AVAILABLE FOR RESERVATIONS Some parks are restricted from exclusive reservations due to the size, availability to the surrounding residents and restricted appropriate use. The park use availability will be reviewed and adjusted annually based on available parks or designs. Individual Parks or amenities available for reservation are subjected to changing without notice based on Park Board and City Council direction. TOWN SQUARE - 2.55 Acres Gazebo / Shelter Available for Small picnic areas No grilling or open flames in the parks. Drinking fountain Portable tents with stakes or semi-permanent shelters are not permitted BEECHER PARK - 22.6 acres Open grass for multi-play area Multi-age level Playground & swings Drinking fountain Picnic table No grilling or open flames in the parks 7 Ball field and soccer fields (please refer to the athletic field reservation policy) Beecher Building (please refer to the Beecher building rental policy) Concession building with restrooms RIVERFRONT PARK — 5 acres Large group shelter 3 small shelters No grilling or open flames in the parks Playground, swings, sand play area, Water fountain Portable tents with stakes or semi-permanent shelters are not permitted KIWANIS PARK — 2 acres 1 small shelter Open grass for multi-play area Playground & Swings '/z court basketball No grilling or open flames in the parks Portable tents with stakes or semi-permanent shelters are not permitted RICE PARK - 1 acre 1 small shelter 16x16 Picnic table No grilling or open flames in the parks Playground & swings Funnel ball FOX HILL (EAST) — 2 acres Basketball court (full court) Baseball Field (please refer to the athletic field reservation policy) Picnic table No grilling or open flames in the parks Playground & swings FOX HILL (WEST) — 6 acres Open grass for multi-play area Baseball Field (please refer to the athletic field reservation policy) No grilling or open flames in the parks HIDING SPOT PARK - 1 .6 acres Picnic area / tables Bocce court No grilling or open flames in the parks Playground & swings VAN EMMON PARK — 1 .8 acres Baseball Field (please refer to the athletic field reservation policy) No grilling or open flames in the parks Open grass for multi-play area Portable tents with stakes or semi-permanent shelters are not permitted 8 SI Jfi Mm- xc bas tbaiC t ea� All o r ft es ante} ar s CANNON e r IA MWOMM �c osY the P k4 9 ¥ p � ?0 10 GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS, OPEN SPACE AND FACILITIES: No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department. No ball hitting or pitching into fences or dugouts is allowed. • Each party will report any damage, accidents and or maintenance concerns to the park and recreation department immediately. Coordination of work involving the park department staff or use of the equipment will generally require a two- week notice, for scheduling purposes. All requests for park staff must be approved by the Department Head. Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed in other areas of the parks, trails, or walkways or grass areas. All requests for use of fields, or park(s) for organized play or private events must be in writing. • Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use. This form must be turned into the Park and Recreation Department at the end of the scheduled use identifying the groups maintenance obligation. • Due to the scheduling or early setups for the other functions, all groups and organizations are requested to use '... only the area, field, or park that has been assigned to them. • No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or partisan political activities of any kind. Non-partisan public meetings and information forums are permitted. • No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be atrollin and monitorin the event at the discretion of the United Ci of Yorkville staff. wit, a: s= o t r; u '= e • Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. The park should be left in equal or better condition that it was found. Damage or excessive litter may result in a loss of privileges and fees for clean up . • Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable. All groups must adhere to the inclement weather practice for field conditions; (no standing water, saturated turf conditions, or times when safety is a concern). • Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields. (Sign ordinance, Building rental policies, Lightening Prediction Policy, and weather warning alarm system, and any other city guidelines that pertain to the use of City Owned property). No parking on sidewalks or grass areas in or surrounding the parks. 11 • No grilling or open flames in the parks. • All United City of Yorkville Playground Areas shall remain open for public access and public pathways located within any United City of Yorkville Park shall remain open to the public at all times. • All animals must adhere to the leash control ordinance. Petting zoos for one day special events are permitted in specific parks as determined by the Park and Recreation staff, Park Board or City Council. Health codes, permits and licenses are required . • Ice skating , ice fishing, sledding, or other winter activities are limited to parks or locations where permissible and indicated by signage. • Portable tents with or without stakes or semi-permanent shelters or structures are permitted in approved park locations only. Some parks are restricted from tent uses due to the size, availability to the surrounding residents and restricted appropriate use. • Groups desiring additional tables and chairs beyond what is already available must arrange for their own tables and chairs. • All groups reserving a park, shelter, gazebo or amenity must have an authorized representative 21 years or older, sign a waiver and release form, which includes a hold-harmless clause and an agreement to be responsible for cleanup and possible damages. The representative also must remain on-site during the rental use. • No vendors are allowed on City owned land or locations except when they - " a I or are sponsored by an event that has been issued a permit by the United City of Yorkville Park and Recreation Department. • Activities including sound amplification should not unreasonably interfere in any way with other park users or adjacent property owners. Amplification and special lighting are allowed only if a permit is issued at the time of the reservation request. • When portable bathrooms are needed, the user must make arrangements to obtain and remove them from the park no later that 3:00 pm the day after the event. • Unauthorized use of pyrotechnics / fireworks are not allowed on park property. 12 ATTACHMENT PARKS, GAZEBOS, SHELTERS RESERVATION POLICY Fiscal Year 2008200 RESERVATION FEES The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's Parks and amenities. All fees are subjected to changing without notice. Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Ner Ot74 d 'b =fl w�. e .. R L MW ON e R: 13 Ca;egoryx Oat�go �P a. � ar(� 5mad �aryeg{ou� taZ�bq >?� 5ti [ gra Shaer s�iettef s> t�e a h s rss tb4,` 55 {j 4I1(? 45Qd 125b fiQYQ 5f its AN 750:"0 B�!NQO orris Key Deposit: $25.00 residents $35.00 non-residents SPECIAL USE Water or electrical access when available $20.00 additional. Must supply your own extension cords. Please reference the concession stand / vendor operation policy for special use request. 14 STANDARD APPLICATION FOR SHELTERS, GAZEBOS, AND PARKS RESERVATION UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Reservation requests shall be approved beginning on the following dates: Spring Season (March — May) February 15th Summer Season (June — August) April 15th Fall Season (September — November) July 15th Please indicate type of Group requesting use by circling the appropriate category Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Group or Individual Name Contact Person: Address Home Phone: Work Phone: Email LOCATION REQUESTED: DATE(s) / TIME(s) REQUESTED: PURPOSE Special Use requests (concessions, water, electrical, other). Expected attendance or visitors to your event. (Please note: Public Safety may require additional Police present pending the type of event and attendance. This may result in an additional fee assessed to the group for this service). Will you be selling any products, food, or miscellaneous items? Yes (please explain) No Security deposits will be forfeited if the park, shelter or gazebo is not restored to the original state, all litter removed, OR if damage occurs as a result of misuse or abuse to the United City of Yorkville Park and Recreation equipment or property. Inspections will be completed following your event by a United City of Yorkville Park and Recreation Department Staff. Individuals may be assessed additional charges for extending times past the scheduled reservation. I have read and agree to follow and abide to the rules and regulations set forth by the United City of Yorkville. Signed Date: In order complete the request, the following documents must be forwarded to the Recreation Department: (Groups or Organizations) - A certificate of insurance co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation. 15 OFFICIAL USE Addition information requested Reservation Amount Deposit amount ($100) Date of Request Date Received Staff initials Approved / Denied Refund Requested Location Assigned Concession Stand, Merchant License Applications Needed: Yes / No Health Department Permit Needed: Yes / No 16 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION APPROVING A REVISED PARK, GAZEBO, SHELTER RESERVATION POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed revising the United City of Yorkville Park and Recreation Department Park, Gazebo, Shelter Reservation policy, and WHEREAS, the text of the United City of Yorkville Park and Recreation Department Park, Gazebo, Shelter Reservation Policy the City Council now desires to adopt is set forth on the attached Exhibit "A" which is incorporated herein, and NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville that the United City of Yorkville Park and Recreation Department Park, Gazebo, Shelter Reservation Policy in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby adopted. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR e D clry Reviewed By: Agenda Item Number J2 4 s 0� Legal ❑ ESL 11 1836 Finance ❑ 1 h` Engineer ❑ Tracking Number 0 City Administrator ❑ �O Consultant ❑ ADM 2008-48 <CE Parks and Recreation F-1 Agenda Item Summary Memo Title: Bad Debt Policy Meeting and Date: City Council—June 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Susan Mika Finance Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION APPROVING A BAD DEBT POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning bad debts, and WHEREAS, the City Council has determined that it desires to proceed to establish such a policy, and WHEREAS, the text of the Bad Debt Policy the City Council now desires to establish is set forth on the attached Exhibit "A" which is incorporated herein, and NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville that the Bad Debt Policy in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby approved. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR Bad Debt Policy The purpose of this policy is to define the procedures for the ability to write off monies owed to the City within the below mentioned guidelines. Bad debt is defined as an Accounts receivable (s ) that will likely remain uncollectable and will need to be written off. In summary, it is money owed to the City that management believes the City will be unable to collect. An outstanding debt is to be written off as a bad debt expense when it has fulfilled one of the following criteria : 1 ) The debtor has been turned over to the collection agency to attempt to collect on the debt owed ; 2) The debt is overdue greater than one year; 3) Efforts made to collect the outstanding debt has been exhausted . The Finance Director will review and authorize his/her staff to write off outstanding debt as part of the day to day operations of the Finance department. An outstanding debt cannot be written off without the written authorization of the Finance Director. A quarterly report will be issued to the City Council informing them of the status of bad debt. In the event the monies are collected after the original amounts have been written off to bad debt, the recovered revenue is to be recorded in the recovery line item of the fund the outstanding debt was written off to . 2`�OD Cl)- Reviewed By: Agenda Item Number J T Legal ❑ (1A H ` I ET. tass 1 � Finance F-1 S \� Engineer ■ Tracking Number 40 �� y City Administrator ❑ s� �O Consultant ❑ PW 2008-83 �jLE`��� Parks and Recreation F-1 Agenda Item Summary Memo Title: Chignoli Auto—Sidewalk Covenant Agreement Meeting and Date: City Council—June 24, 2008 Synopsis: This agreement allows for the delay of sidewalk construction across the frontage of 1203 N. Bridge Street. 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 a EST. � ` 1836 To: Brendan McLaughlin, City Sdminis r y From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City k Date: June 9, 2008 Subject: Chignoli Auto — Sidewalk Covenant Agreement Attached find a copy of a proposed sidewalk covenant agreement with Chignoli Auto (d.b.a. 1740 Essington, LLC) for a future sidewalk across there sidewalk frontage at 1203 N. Bridge Street. This property is located on the west side of Route 47, immediately north of Landmark Ave. Due to IDOT's future Route 47 widening project, we have entered in several of these agreements with property owners as their properties develop/re-develop. The property owner is still responsible for constructing the sidewalk, but construction to be delayed until the Route 47 project is constructed, until the property is sold, or until the city requests them to construct the sidewalk. I recommend that the City Council authorize the City Administrator to sign this agreement. Please place this item on the June 1781 Public Works Committee agenda for consideration. STATE OF ILLINOIS ) COUNTY OF KENDALL ) SIDEWALK INSTALLATION COVENANT WHEREAS, the undersigned, 1740 Essington , , Wereinafter referred toas "Owner/Developer"), is the owner of the real property upon which is now situated an improved structure (hereinafter referred to as "Property") described in the Exhibit "A", attached hereto and on incorporated herein by reference; and WHEREAS, said Property located at 1263 /4 ?60C{ in the United City of Yorkville, Kendall County, Illinois is zoned B- 3 ; and WHEREAS, the United City of Yorkville has/will heretofore issued a building permit for the construction of the improvements on said Property and, incidental thereto, requiring the installation of sidewalks along the frontage of the Property adjacent to Illinois Route 47; and WHEREAS, at the present time, public sidewalk does not exist on Illinois Route 47 in the general vicinity of the subject property and the undersigned, as the owner, has requested the United City of Yorkville that it be permitted to defer the installation of the sidewalks; and WHEREAS, the Untied City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of this sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned740 Essingtond0 herewith covenant and agree with the United City of Yorkville that, in consideration of the City issuing the Building permit for the commercial building located on the real property described in Exhibit "A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the frontage of the Property along Illinois Route 47 in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) when sidewalks are extended along Illinois Route 47 by others to the edge of the subject property or (b) prior to the Property being sold or (c) within six (6) months written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Covenant this day of , 2000: OWNER/DEVELOPER: � f w er Owner APPROVED and ACCEPTED UNITED CITY OF YORKVILLE By: City Administrator Reviewed By: Agenda Item Number J= a T Legal ❑ EST. B� 1836 Finance ❑ `= ❑ Engineer Tracking Number 4 � y City Administrator p �0 Lim h Consultant ❑ PW 2008-84 CE Parks and Recreation F-1 Agenda Item Summary Memo Title: Merlin Muffler—Plat of Easement Meeting and Date: City Council—June 24, 2008 Synopsis: This document dedicates easement for the reconfigured stormwater basin and for utilities. 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: �=♦��p Cl T hen Memorandum 4 ESC 1836 To: Brendan McLaughlin, City rdml,, stra t r O ® ` From: Joe Wywrot, City Enginee' CC: Lisa Pickering, Deputy City <CE Date: June 11 , 2008 Subject: Merlin Muffler — Plat of Easement l+_,. !3i�WPi' ......u. vassal_. v. nv_ . . i _ mvM... .. . . . 5 .� k. .t.. va . � .. x'v F .. ,, :$ .♦ sv.+ Attached find a proposed plat of easement for the Merlin Muffler site, located at the SE corner of Rt.47 and Beaver Street. The plat dedicates easements for the re-configured stormwater basin and for utilities. I recommend approval of this plat of easement. Please place this item on the June 17, 2008 Public Works Committee agenda for consideration. IIIII ^ 3 COPI'fi1GHT @Z008 C' w'M _ ea t f i _ MeritCorp, PC Ill I aYxx mom' a s. - . ':. 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SKI4MNLYCLFM NNWOENWriM£IXMNIr1ON PENFJEMaM.Y UMm(£VrfPNEECUPENMOUECM®N@.44MY INEaM1LENGNEfi2CfiNE 11 "`. -` °' . _ F.-s •• - '_ .- ..£ ,q ! - ' ee! r - _ Nm{EwMrraFemmAgF,'„: - - $HEFT N©.; 'Ike. . . , .. , ," ..� ... . .. .. . ; ., a _ .. . . . . _ .. . . .III f.D cl;� Reviewed By: Agenda Item Number � Legal ❑ f\ ( 1 1836 EST. Finance ❑ Engineer ■ Tracking Number 4 L; City Administrator ❑ �O Consultant ❑ PW 2008-85 LE �? Parks and Recreation F] Agenda Item Summary Memo Title: 315 E. Van Emmon—Driveway Replacement Meeting and Date• City Council—June 24, 2008 Synopsis: This proposal is to replace a section of the asphalt driveway at 315 E. Van Emmon to reduce the slope. 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 Memorandum EST. 1836 To: Brendan McLaughlin, City A ' 'sftr/ alto O� , From: Joe Wywrot, City Engineer p CC: Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk Date: June 13, 2008 Subject: 315 E. Van Emmon — Driveway Replacement In 2004 Kendall County had a roadway project for Van Emmon Road east of the city limits. They asked if the city would join them and expand the project to overlay Van Emmon within the city limits all the way to Route 47. We agreed to this and the project was constructed. A design element of the project included paving 4-foot wide asphalt shoulders, which provided a wider shoulder and also gave bicyclists a safer place to ride. At 315 E. Van Emmon, however, paving of this shoulder resulted in making the driveway apron steeper. The driveway apron was re- graded at that time, but the driveway was still very steep. During this past winter with all the snow and ice, it was very difficult for the homeowner to exit their driveway. Consequently, we have solicited proposals to re-grade the driveway further onto the lot. We have met with the homeowner and they have concurred with the new design. The re-design requires that the driveway be removed and replaced over a distance of about 50 feet, which we have called Alternate #l . The resident expressed interest in paying an addition amount to extend the paving all the way to the garage, which we have called Alternate 42. We have received the following proposals: Alternate #1 Alternate #2 Total Kendall County Blacktop, Inc. $3,300.00 $25200.00 $ 55500.00 P.O. Box 91 Plano, Illinois 60545 Novak & Sons Paving, Inc. $3,560.00 $2,240.00 $ 5,800.00 62 Stonehill Road, Unit A Oswego, Illinois 60543 Bristol Blacktop, Inc. $ 119082.81 $ 356.63 $119439.44 P.O. Box 405 Montgomery, Illinois 60538 Based on the results of the proposals, I recommend that we accept the proposal of Kendall County Blacktop. Alternate #1 work is subject to the homeowner agreeing to take care of the landscaping once the contractor places the dirt, seed, and erosion control blanket. Alternate #2 work is subject to the homeowner paying for Alternate #2, taking care of the landscaping similar to Alternate #1 , and assuming responsibility for any stormwater that may flow into the garage. This expense is not budgeted. Please place this item on the Public Works Committee agenda for discussion. `,<er,,D Cl;. Reviewed By: Agenda Item Number 0T Legal ❑ Baas EST 1836 Finance ❑ W y Engineer ■ Tracking Number 4 �� City Administrator ❑ S1 �O Consultant ❑ PW 2008-86 te � Parks and Recreation ❑ Agenda Item Summary Memo Title: Tower Lane Water Tower Rehabilitation—Bid Results Meeting and Date: City Council—June 24, 2008 Synopsis: Recommend award to Jetco, Ltd. for the bid amount of$263,280.00. 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: CST` oA Memorandum EST '� 1636 To: Brendan McLaughlin, City A ' 'strator From: Joe Wywrot, City Engineer x wee py CC: Eric Dhuse, Director of Public o ks Sue Mika, Finance Director <<E Lisa Pickering, Deputy City Clerk Date: June 12, 2008 Subject: Tower Lane Water Tower Rehabilitation — Bid Results Attached find a recommendation letter from EEI regarding the bids received for the referenced project. The bid from Am-Coat Painting did not include pricing for items such as fire hydrant relocation, pavement repair, or miscellaneous water piping repair and electrical work. If you were to substitute the unit pricing submitted by Jeteo into the Am-Coat bid for those missing items, Jetco would be the low bidder. I concur with EEI and recommend that the contract be awarded to Jetco, Ltd. for the bid amount of $263,280.00. Please place this item on the Public Works Committee agenda of June 17, 2008 for consideration. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 6301 466.9350 FAX: 6301 4665380 www.eeiweb.com Enginaaring Enteriariaaa, June 12, 2008 Inc. Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Tower Lane Elevated Water Storage Tank Rehabilitation United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: Bids for the above referenced project were received, opened and publicly read at 11 :00 a.m. on June 11 , 2008 at the United City of Yorkville City Hall. Representatives of the United City of Yorkville, contractors bidding the project, and our firm were in attendance. A tabulation of the bids is attached for your information and record. Of the three (3) bids received, two (2) were found to be responsive and met the contract bidding requirements. The third bid, submitted by Am-Coat Painting, Inc., which was read as the apparent low bid, failed to included unit prices or amounts for all of the bid items and is, therefore, considered a non-responsive bid. The low responsive bidder was Jetco, Ltd., P.O. Box 934, Prospect Heights, IL, 60070 submitting a bid in the amount of $263,280.00, which was $71 ,460.00 or 21 .35% below the Engineer's Estimate of $334,740.00. - Jetco, Ltd. has the necessary experience and has illustrated on several other projects that they are capable of completing this project in accordance with the contract requirements. We, therefore, recommend that the United City of Yorkville award the Tower Lane Elevated Water Storage Tank Rehabilitation project to Jetco, Ltd. If you have any questions or need additional information, please call. Respectfully submitted, ENGI EERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Enclosure PC: Mayor Valerie Burd Mr. Brendan McLaughlin — City Administrator Mr. Travis Miller —Director of Community Development Mr. Eric Dhuse — Director of Public Works Ms Susan Mika — Finance Director Mr. Steve Brend, Jetco, Ltd JWF, LAM, EEI GAPubWY0rkvil1e>Z=Y00712 Contract H.1 -Tower Lane EMT Rehablikeflon1DocVwywrat0l - award lepectloc Consulting Engineers Specializing in Civil Engineering and Land Surveying `�tiD CIrJ Reviewed By: Agenda Item Number J� V Legal ■ PO, / Z_9A �t I EST eas Finance F1 r. Engineer ❑ Tracking Number ��Ia y City Administrator ❑ 9 y� �O Consultant ❑ ZBA 2008-01 ` ❑ CCE Agenda Item Summary Memo Title: Mark Buck—352, 354 and 356 Twinleaf Trail—Variance Request for Fence Height Meeting and Date: City Council/June 24,2008 Synopsis: Request for a variance to allow for a fence height of 8' (ordinance requires a maximum height of 6') Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Variance Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report prepared by Anna Kurtzman 'to Cl United City of Yorkville z o County Seat of Kendall County rs,. 1 1336 800 Game Farm Road Yorkville, Illinois, 60560 16 �� ,7, y Telephone: 630-553-4350 9 �O Fax: 630-553-7264 <LE �) Website: www.vorkville.il.us June 17,2008 TO: City Council FROM: Anna B. Kurtzman,AICP SUBJECT: ZBA 2008-01 352, 354 and 356 Twinleaf Trail ZBA PUBLIC HEARING: On Wednesday,June 4, 2008, at 7:00 pm the Zoning Board of Appeals (ZBA)conducted a public hearing to consider a request to increase the height of a fence from 6 feet to 8 feet at the above addresses. The ZBA has recommended approval of this request. REQUEST: The applicants(Mark and Renee Buck owning 356 Twinleaf Trail,Tim and Tawnie Elwood owning 354 Twinleaf Trail, and Chris Scott owning 352 Twinleaf Trail)are requesting relief from Section 10-3-2D1b of the zoning code,increasing the size of a fence from 6 feet to 8 feet. They are requesting this fence to be placed along the rear of their yards. CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North R2 Single-family detached housing South Unincorporated, Kennel R-1 Church East Unincorporated Single-family detached housin West R2 Single-family detached housing STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary (or make a recommendation to vary)the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case. A summary of their findings are listed below: 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved,a particular hardship to the owner would result, as City Council ZBA 2008-01 June 17, 2008 Page 2 of 2 distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. The ZBA determined that there were no particular hardships due to the topographical conditions of the properties. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. The ZBA noted that there are no other locations within Yorkville where residential lots back up to both a skateboard facility and veterinary clinic. 3 . The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. The ZBA determined that the hardship is not caused by anyone having a present interest in the properties. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Based upon the information presented at the public hearing, the ZBA determined that the increased fence height would not be detrimental to the public or the neighbors. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. The ZBA indicated that the increased fence height would not adversely impact public health or safety. NEXT STEPS: The City Council should either uphold the ZBA's recommendation (to approve the variance), uphold the ZBA's recommendation and add conditions, or deny the request. If the City Council elects to uphold the recommendation (with or without conditions) this action should be documented in the form of an ordinance. /abk Filename: \\Coyserver\User Folders\AKu=man\My Documents\ZBA\twinleaf fence\CC report 6-16-08.doe Cl,y p MOVED All United City of Yorkville APR IS 2000 U Count) Seal of Kendall County EST ' IB3E ,`--_ 800 Game Farm Road COMMUNITY DEVELOPMENT -4 ` N Yorkville. Illinois 66560 DEPARTMENT C) C] O IF Phone: 630353-4350 '9 vac' Fax: 630553-7575 Pz4 A 2�o8 - UI APPLICATION VARIANCE REQUEST Date of Submission: � I A _ I . Name of Petitioner(s): Al A-1 k LA e /l Address: S� Phone Number: e4 c> L' i - 5tv70 Fax Number: I Name of bolder of legal title, if different from #1 : 3. If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: 3 S�`( Twirl fs�F 'tlrkt t f ulud/fr b. Proposed name of subdivision (if any): 4451ia04LJS' a Legal description of property for which zoning variance is sought: /7F S /V �!/ (If more space is needed, att- ch as "Exhibit A".) �rcGi 04/ 07/2008 23: 18 16307063193 DEM PAGE 02 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition maybe directcd: " -,7 .f sack ,id 7i✓�Z � , . 0 3 may — -- Attorney: Name: _ Address: _ Pbone Number. Fax Number: 8. Submit application with a filing fee in the amoiant of$85 .00. Note: Olvner/Developer will be responsible for payment of recording fees and costs, public heating costs including a written transcription of public bearing and outside consultant costs (ie, legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertment materials to the Clerk's Office. Large items must be folded to fat in a 10" x 13" envelope. In witness whereof the following petitioner(s) bave submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petition rfs) e a owners signature must appear on this application) L. LJ csvtO Subscribed and sworn before me this day of IlpM1i 200_7,.. t Notaryt�Public SlLiis AI U1 :Ali s Stamp 31 Notary Stamp {.___ .____ ilh THIS APPLICATION WJST BE NOTARIZED. Page 2 of 3 united City of Yorky&Vvioocc Requ= Applimtion Rovisod: 2127104 T Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: k4A,zl<� Attorney: Name: Address: Phone Number: Fax Number: 8. Submit application with a filing fee in the amount of $85..00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i_e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitionp(s) (Legal, property owners signature must appear on this application.) T > AM.21C B (jt, � Ctltets SCOT Subscribed and sworn before me this day of , 200.e_. lh n 6 R D � l 04 lJi h 1 111 SEA Itotary Public ._.ic, State of Illinois E_pices 11/1E/20V5 1. Notary Stamp THIS APPLICATION ROUST BE NOTARIZED, Page 2 of .3 United Cily ofYorkrvillc Variance Request Application Revised: 2127104 VARIANCE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be fonvarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You mast present your request at each of the meetings below as indicated Step 2: Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A Public Hearing will be held at this time for the variance request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The request will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place, This session is to discuss and consider recommendations of prior committee meetings. Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a ropy for your records) to the Deputy Clerk, United City of Yorkville, 900 Game Farm Road, Yorkvill e; I ' 6056 Date: r Page 3 of 3 United Cily of Yorkville Vuinnm RequW Applimtion Revised: 2127/04 Section #6 continued We are proposing a variance request as a measure of resolution which would help to deter the noise disturbances resulting from the canine clientele at the Country Comfort Kennels located at 3215 Cannonball Trail, Yorkville, IL 60560, which is directly behind or adjacent to lot numbers 65, 66, and 67. (SEE ATTACHED MAP) We the residents who live on or near Twinleaf Trail are seeking a variance approval from the Yorkville Zoning Board of Appeals and ultimately the City Council to increase the height of a fence from the 6 foot maximum allowable (Section 10-3-2D1b) to an 8' foot fence only along the back property lines of Lot #'s 65, 66, 67. We have received approval from PSI, and are officially submitting the attached Application Variance Request. Although the fence would not technically be located on their property, we have received support from property owners of the Country Comfort Kennels (Mr. Gary Schlapp) and New Life Church (Pastor Rick Thiemke), who also agree that the variance would provide added privacy. They have been listed under "Additional Stakeholders Support" on the attachment. 04/ 09/2008 10: 35 16306335277 PROPERTY SPECIALISTS PAGE 05!09 11/01 /2007 21 : 58 6305536211 THE UPS STORE PAGE 03/04 co N N ff A I I I i I o ;;' W 69 140 co C SSA y ` "^r "19A0 F:' y.1i R�ISeM �J o " a w ,ki Ail 68 � . 153,�' I 666, 1 LL 0 0011 p 45.00' p U. & D.E. rf t 143�1 `y ._. IP Jr y " N 81'02'4 r. t 3Q0 . 00 � I °1 � 18 W 300 . 00' ) I i ; . 20 p.41r', dc l')�� g2°54 56 II { 1 . p . . 7T r C: oy t �fiVac�' •�nr.¢ q I { b I II IDA got I � vv4fy tiArvi r� I I al �('ehwel s t Supporting Residential Stakeholders *Tim & Tawnie Elwood-354 Twinleaf Trail (309) 287-0745 *Marts & Renee Buck-356 Twinleaf Trail (630) 882-9070 *Chris Scott-352 Twinleaf Trail (630) 882-6156 * Direct Property Owners Additional Stakeholders Support New Life Church-Rick Thiemke (Pastor) 630-553-0200 Country Comfort Kennels-Gary Sehlapp (Owner) 630-553-7436 Buck, Mark From: Pauline Johnson [pjohnson @psimanagement.net] Sent: Wednesday, April 02, 2008 12:23 PM To: Buck, Mark Subject: Whispering Meadows - Board approval for multi-fence variance Hello again Mark , '.. Per our conversation , I am forwarding the Board ' s direct quote approving the proposed multiple-lot fence . You will receive formal approval in writing shortly . Pauline , I have no problem with you moving forward with the variance as long as the only non compliance is with the height of the fence and that the height does not exceed eight feet . Pauline Johnson Property Specialists , Inc . 630 / 633-5619 direct line 630/ 633- 5289 fax pjohnson @psimanagement . net 1 Legal Description: LOTS 65, 66 AND 67 IN WHISPERING MEADOWS UNIT 2, BEING A SUBDIVISION OF PART OF SECTIONS 17 AND 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE GRANTING A VARIANCE AT 3529 354 AND 356 TWINLEAF TRAIL, CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, pursuant to Section 10-14-5 D.2. of the Municipal Code of the United City of Yorkville (the "Code") the City Council is authorized to grant variations from the provisions of the Zoning Ordinance of the City but only after a public hearing is held by its Zoning Board of Appeals; and, WHEREAS, the Zoning Board of Appeals conducted a public hearing on Wednesday, June 4, 2008, to review a request to increase the height of a fence from 6 feet to 8 feet at 352, 354 and 356 Twinleaf Trail in order to provide screening from noise from the adjacent property currently used for a dog kennel; and, WHEREAS, a summary of the findings of the Zoning Board of Appeals is as follows: 1 . Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. The ZBA determined that there were no particular hardships due to the topographical conditions of the properties. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. The ZBA noted that there are no other locations within Yorkville where residential lots back up to both a skateboard facility and veterinary clinic. 3 . The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. The ZBA determined that the hardship is not caused by anyone having a present interest in the properties. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Based upon the information presented at the public hearing, the ZBA determined that the increased fence height would not be detrimental to the public or the neighbors. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. The ZBA indicated that the increased fence height would not adversely impact public health or safety. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Yorkville City Code be amended as follows: Section L That the foregoing preambles are hereby incorporated in this Ordinance as if fully restated. Section 2. That the application for a variance to increase the height of a fence from the permitted maximum of six feet (6) to eight feet (8) as recommended by the Zoning Board of Appeals for the purpose of deterring noise disturbances from the property adjoining the rear yards of the following described property is approved: "Lots 65, 66 and 67 in Whispering Meadows Unit 2, being a subdivision of part of Sections 17 and 20, Township 37 North, Range 7 East of the Third Principal Meridian, in the United City of Yorkville, Kendall County, Illinois. 2 Section 3: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor Attest: City Clerk 3 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 10 : 18 : 10 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT AACVB AURORA AREA CONVENTION 053008 - SUPER 06 / 10 / 08 01 FINANCE-MAY SUPER 8 TAX 01 - 120 - 65 - 00 - 5844 06 /24/ 08 1 , 660 . 64 MARKETING - HOTEL TAX INVOICE TOTAL : 1 , 660 . 64 VENDOR TOTAL : 1 , 660 . 64 ACCURINT ACCURINT - ACCOUNT # 1249304 1249304 - 20080531 05 / 31/ 08 01 POLICE- SEARCHES 01 - 210 - 65 - 00 - 5804 06 /24/ 08 46 . 20 OPERATING SUPPLIES INVOICE TOTAL : 46 . 20 VENDOR TOTAL : 46 . 20 ACTION ACTION GRAPHIX LTD 2222 05 / 30/ 08 01 PW CAPITAL- TRUCK LETTERING 21 - 000 - 75 - 00 - 7107 06 /24 / 08 176 . 10 TRUCK ACCESSORIES INVOICE TOTAL : 176 . 10 VENDOR TOTAL : 176 . 10 AQUAFIX AQUAFIX , INC . 3610 05 / 19 / 08 01 SEWER OP -GREASE 52 - 000 - 62 - 00 - 5422 06 /24 / 08 459 . 18 LIFT STATION MAINTENANCE INVOICE TOTAL : 459 . 18 VENDOR TOTAL : 459 . 18 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6272909 05 /27/ 08 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 06 / 24 / 08 22 . 75 WEARING APPAREL 02 WATER OP-UNIFORMS 51 - 000 - 62 - 00 - 5421 22 . 75 WEARING APPAREL 03 SEWER OP-UNIFORMS 52 - 000 - 62 - 00 - 5421 22 . 75 WEARING APPAREL INVOICE TOTAL : 68 . 25 v�3 P1 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 10 : 18 : 10 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ARAMARK ARAMARK UNIFORM SERVICES 610 - 6278790 06 / 03 / 08 01 WATER OP - UNIFORMS 51 - 000 - 62 - 00 - 5421 06 /24 / 08 22 . 10 WEARING APPAREL 02 SEWER OP - UNIFORMS 52 - 000 - 62 - 00 - 5421 22 . 10 WEARING APPAREL 03 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 22 . 10 WEARING APPAREL INVOICE TOTAL : 66 . 30 VENDOR TOTAL : 134 . 55 ARROLAB ARRO LABORATORY , INC . 39045 05/30 / 08 01 WATER OP - COLIFORM SAMPLES 51 - 000 - 65 - 00 - 5822 06 /24 / 08 280 . 00 WATER SAMPLES INVOICE TOTAL : 280 . 00 VENDOR TOTAL : 280 . 00 ASIA AMERICAN SOCIETY OF LANDSCAPE 051908 05/ 19 / 08 01 COMM/DEV-ANNUAL MEMBERSHIP 01 - 220 - 64 - 00 - 5600 06 /24 / 08 400 . 00 DUES INVOICE TOTAL : 400 . 00 VENDOR TOTAL : 400 . 00 ATT AT&T 6305529222 - 0508 05 /25 / 08 01 WATER OP - FOX HILL LIFT STATION 51 - 000 - 62 - 00 - 5436 06 / 24 / 08 27 . 17 TELEPHONE INVOICE TOTAL : 27 . 17 6305531141 - 0508 05 /25 / 08 01 POLICE- FAX 01 - 210 - 62 - 00 - 5436 06 /24 / 08 180 . 23 TELEPHONE INVOICE TOTAL : 180 . 23 6305531577 - 0508 05 / 25/ 08 01 WATER OP- LIFT STATIONS 51 - 000 - 62 - 00 - 5436 06/24 / 08 392 . 76 TELEPHONE INVOICE TOTAL : 392 . 76 P2 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 10 : 18 : 10 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ATT AT&T 6305534349 - 0508 05 / 25 / 08 01 ADMIN- CITY HALL NORTEL 01 - 110 - 62 - 00 - 5436 06 / 24 / 08 668 . 69 TELEPHONE 02 POLICE - CITY HALL NORTEL 01 - 210 - 62 - 00 - 5436 668 . 69 TELEPHONE 03 WATER OP- CITY HALL NORTEL 51 - 000 - 62 - 00 - 5436 668 . 70 TELEPHONE INVOICE TOTAL : 2 , 006 . 08 6305536522 - 0508 05 /25 / 08 01 WATER OP - LIFT STATIONS 51 - 000 - 62 - 00 - 5436 06 / 24 / 08 31 . 41 TELEPHONE INVOICE TOTAL : 31 . 41 6305537575 - 0508 05 /25 / 08 01 ADMIN- CITY HALL FAX 01 - 110 - 62 - 00 - 5436 06 / 24 / 08 49 . 76 TELEPHONE INVOICE TOTAL : 49 . 76 VENDOR TOTAL : 2 , 687 . 41 ATTLONG AT&T LONG DISTANCE 828932136 - 0608 06 / 09 / 08 01 ADMIN-MAY LONG DISTANCE 01 - 110 - 62 - 00 - 5436 06 / 24 / 08 7 . 14 TELEPHONE 02 POLICE -MAY LONG DISTANCE 01 - 210 - 62 - 00 - 5436 170 . 88 TELEPHONE 03 WATER OP-MAY LONG DISTANCE 51 - 000 - 62 - 00 - 5436 40 . 88 TELEPHONE INVOICE TOTAL : 218 . 90 VENDOR TOTAL : 218 . 90 BATTERYS BATTERY SERVICE CORPORATION 176849 06106108 01 SEWER OP- CRANE TRUCK BATTERY 52 - 000 - 62 - 00 - 5409 06 /24 / 08 29 . 95 MAINTENANCE-VEHICLES INVOICE TOTAL : 29 . 95 VENDOR TOTAL : 29 . 95 P3 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 10 : 18 : 10 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BCBS BLUE CROSS BLUE SHIELD 050808 05 / 08 / 08 01 FINANCE -DENTAL INSURANCE 01 - 120 - 50 - 00 - 5205 06 /24 / 08 6 , 226 . 37 BENEFITS - DENTAL/ VISION A 02 FINANCE-HEALTH INSURANCE 01 - 120 - 50 - 00 - 5203 80 , 366 . 72 BENEFITS - HEALTH INSURANCE INVOICE TOTAL : 86 , 593 . 09 VENDOR TOTAL : 86 , 593 . 09 BNYCORP THE BANK OF NEW YORK 1266513 06 / 04 / 08 01 FINANCE-ADMIN FEE 01 - 120 - 62 - 00 - 5401 06 /24 / 08 214 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 214 . 00 VENDOR TOTAL : 214 . 00 BRENNTAG BRENNTAG MID- SOUTH , INC . BMS487190 05 /28/ 08 01 WATER OP- CHEMICALS 51 - 000 - 62 - 00 - 5407 00203959 06 /24 / 08 1 , 084 . 50 TREATMENT FACILITIES O&M INVOICE TOTAL : 1 , 084 . 50 BMS487191 05 / 28 / 08 01 WATER OP- CHLORINE 51 - 000 - 62 - 00 - 5407 06/24 / 08 873 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 873 . 00 BMS705818 05 /29 / 08 01 WATER OP-DRUM RETURNS 51 - 000 - 62 - 00 - 5407 06 / 24 / 08 -450 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : - 450 . 00 BMS705819 05 /29/ 08 01 WATER OP-DRUM RETURN 51 - 000 - 62 - 00 - 5407 06/24 / 08 - 450 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : - 450 . 00 VENDOR TOTAL : 1 , 057 . 50 CAMBRIA CAMBRIA SALES. COMPANY INC . P4 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 10 : 18 : 11 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . it DUE DATE ITEM AMT CAMBRIA CAMBRIA SALES COMPANY INC . 26082 05 / 21/ 08 01 ADMIN- TOILET TISSUE , GARBAGE 01 - 110 - 65 - 00 - 5804 06 / 24 / 08 297 . 85 OPERATING SUPPLIES 02 BAGS , LYSOL WIPES , PAPER TOWEL * * COMMENT * * INVOICE TOTAL : 297 . 85 VENDOR TOTAL : 297 . 85 CARGILL CARGILL , INC 2235720 05 / 28 / 08 01 WATER OP - SALT & FUEL CHARGE 51 - 000 - 62 - 00 - 5407 00203963 06 / 24 / 08 2 , 350 . 76 TREATMENT FACILITIES O&M INVOICE TOTAL : 21350 . 76 2235842 05 /28 / 08 01 WATER OP - SALT & FUEL CHARGE 51 - 000 - 62 - 00 - 5407 00203963 06 /24 / 08 2 , 268 . 01 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 268 . 01 2241060 06 / 04 / 06 01 WATER OP - SALT & FUEL CHARGE 51 - 000 - 62 - 00 - 5407 00203963 06 / 24 / 08 2 , 243 . 09 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 243 . 09 VENDOR TOTAL : 6 , 861 . 86 CDWG COW GOVERNMENT INC . KPS7747 06 / 03 / 08 01 FINANCE- BACKUP SOFTWARE 01 - 120 - 75 - 00 - 7002 06 / 24 / 08 170 . 00 COMPUTER EQUIP & SOFTWARE 02 RENEWAL * * COMMENT * * INVOICE TOTAL : 170 . 00 VENDOR TOTAL : 170 . 00 CENTRALL CENTRAL LIMESTONE COMPANY , INC 8491 05/ 31 / 08 01 STREETS - GRAVEL 01 - 410 - 65 - 00 - 5817 06 /24 / 08 109 . 24 GRAVEL INVOICE TOTAL : 109 . 24 VENDOR TOTAL : 109 . 24 P5 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 10 : 18 : 11 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CHEMICAL CHEMICAL PUMP SALES & SERVICE 68208 05 / 29 / 08 01 WATER OP - FILTER & BOOSTER PUMP 51 - 000 - 62 - 00 - 5407 00203961 06 / 24 / 08 1 , 491 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 1 , 491 . 00 VENDOR TOTAL : 11491 . 00 CLARKE CLARK ENVIRONMENTAL 6319482 03 /25 / 08 01 STREETS -MAY MOSQUITO CONTROL 01 - 410 - 75 - 00 - 5418 00204114 06 /24 / 08 7 , 458 . 00 MOSQUITO CONTROL INVOICE TOTAL : 7 , 458 . 00 6320509 05 /20 / 08 01 STREETS - JULY MOSQUITO CONTROL 01 - 410 - 75 - 00 - 5418 00204066 06 /24 / 08 7 , 458 . 00 MOSQUITO CONTROL INVOICE TOTAL : 7 , 458 . 00 VENDOR TOTAL : 14 , 916 . 00 COMED COMMONWEALTH EDISON 0185079109 - 0608 05/ 30/ 08 01 SEWER OP-420 FAIRHAVEN LIFT 52 - 000 - 62 - 00 - 5435 06 /24 / 08 134 . 87 ELECTRICITY 02 STATION * * COMMENT * * INVOICE TOTAL : 134 . 87 06620 - 76002 - 0308A 03 /29/ 08 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 06 /24 / 08 177 . 53 ELECTRICITY INVOICE TOTAL : 177 . 53 06620 - 76002 - 0508 05 / 29 / 08 01 STREETS - STREET LIGHTS 01 -410 - 62 - 00 - 5435 06 / 24 / 08 199 . 61 ELECTRICITY INVOICE TOTAL : 199 . 61 09030 - 40077 - 0608 05 / 29/ 08 01 STREETS - STREET LIGHTS 01 - 410 - 62 - 00 - 5435 06/24 / 08 21498 . 63 ELECTRICITY INVOICE TOTAL : 2 , 498 . 63 P6 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 10 : 18 : 12 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O _ # DUE DATE ITEM AMT CONED COMMONWEALTH EDISON 0908014004 - 0608 05 / 30 / 08 01 WATER OP - 6780 RT 47 WELL 51 - 000 - 62 - 00 - 5435 06 /24 / 08 51 . 35 ELECTRICITY INVOICE TOTAL : 51 . 35 0966038077 - 0608 05 / 29 / 08 01 STREETS - 456 KENNEDY ROAD 01 - 410 - 62 - 00 - 5435 06 / 24 / 08 54 . 87 ELECTRICITY INVOICE TOTAL : 54 . 87 1407125045 - 0608 06 / 02 / 08 01 SEWER OP- 1299 CAROLYN COURT 52 - 000 - 62 - 00 - 5435 06 / 24 / 08 90 . 53 ELECTRICITY INVOICE TOTAL : 90 . 53 1563014112 - 0508 05 / 30 / 08 01 WATER OP - 1 W ALLEY WELL 51 - 000 - 62 - 00 - 5435 06 /24 / 08 417 . 10 ELECTRICITY INVOICE TOTAL : 417 . 10 20190 - 99044 - 0608 06 / 05 / 08 01 WATER OP-4600 N BRIDGE 51 - 000 - 62 - 00 - 5435 06/24 / 08 25 . 83 ELECTRICITY INVOICE TOTAL : 25 . 83 2668047007 - 0608 05 /28 / 08 01 SEWER OP- 1908 RAINTREE 52 - 000 - 62 - 00 - 5435 06 /24 / 08 186 . 55 ELECTRICITY INVOICE TOTAL : 186 . 55 4085080033 - 0608 05/ 30 / 08 01 WATER OP- 1991 CANNONBALL TRAIL 51 - 000 - 62 - 00 - 5435 06/24 / 08 140 . 97 ELECTRICITY INVOICE TOTAL : 140 . 97 44490 - 87016 - 0608 06 / 05 / 08 01 SEWER OP -LIFT STATIONS 52 - 000 - 62 - 00 - 5435 06 /24 / 08 640 . 85 ELECTRICITY INVOICE TOTAL : 640 . 85 4475093053 - 0508 05 / 30 / 08 01 WATER OP- 610 TOWER LANE 51 - 000 - 62 - 00 - 5435 06 /24 / 08 78 . 43 ELECTRICITY INVOICE TOTAL : 78 . 43 P7 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 10 : 18 : 12 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 68190 - 27011 - 0608 06 / 04 / 08 01 STREETS - PR BUILDINGS 01 - 410 - 62 - 00 - 5435 06 / 24 / 08 685 . 36 ELECTRICITY INVOICE TOTAL : 685 . 36 VENDOR TOTAL : 5 , 382 . 48 CONSTELL CONSTELLATION NEW ENERGY 0000582832 05/ 31 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 06 /24 / 08 4 , 461 . 85 ELECTRICITY INVOICE TOTAL : 4 , 461 . 85 0000582978 05/31 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 06 / 24 / 08 10 , 153 . 91 ELECTRICITY INVOICE TOTAL : 10 , 153 . 91 VENDOR TOTAL : 14 , 615 . 76 ESRI ENVIRONMENTAL SYSTEMS 25316029 06 / 02 / 08 01 COMM/DEV-MAINTENANCE AGREEMENT 01 - 220 - 75 - 00 - 7002 06 / 24 / 08 5 , 206 . 16 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL : 5 , 206 . 16 VENDOR TOTAL : 5 , 206 . 16 FARREN FARREN HEATING & COOLING 5544 05 / 05/ 08 01 STREETS -REPAIR AC SYSTEM 01 - 410 - 62 - 00 - 5416 06 / 24 / 08 5 , 545 . 14 MAINTENANCE PROPERTY INVOICE TOTAL : 5 , 545 . 14 5549 05/ 07/ 08 01 STREETS -ADD REGISTER, 01 - 410 - 62 - 00 - 5416 06/24 / 08 587 . 85 MAINTENANCE PROPERTY 02 MOVE THERMOSTAT * * COMMENT * * INVOICE TOTAL : 587 . 85 VENDOR TOTAL : 6 , 132 . 99 P8 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 10 : 18 : 12 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/ BEFORE 06 /24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT FEDEX FEDEX 2 - 727 - 35387 05 /28 / 08 01 ADMIN - 3 PACKAGES 01 - 110 - 65 - 00 - 5808 06 / 24 / 08 69 . 08 POSTAGE & SHIPPING INVOICE TOTAL : 69 . 06 VENDOR TOTAL : 69 . 08 FIRST FIRST PLACE RENTAL 171520 06 / 04 / 08 01 ENG - PAINT 01 - 150 - 65 - 00 - 5801 06 /24 / 08 70 . 80 ENGINEERING SUPPLIES INVOICE TOTAL : 70 . 80 VENDOR TOTAL : 70 . 80 FLOWCOUN FLOWERS IN THE COUNTRY 060708 06 / 07/ 08 01 ADMIN- FLOWERS FOR OSWEGO 01 - 110 - 64 - 00 - 5607 06 / 24 / 08 42 . 95 PUBLIC RELATIONS 02 NEW CITY HALL * * COMMENT * * INVOICE TOTAL : 42 . 95 VENDOR TOTAL : 42 . 95 FOXVALLE FOX VALLEY TROPHY & AWARDS 23493 05 /21 / 08 01 COMM/DEV- PLASTIC SIGN 01 - 220 - 65 - 00 - 5804 06 /24 / 08 9 . 00 OPERATING SUPPLIES INVOICE TOTAL : 9 . 00 VENDOR TOTAL : 9 . 00 GAFFNEYS GAFFNEY ' S PMI 2 06 / 06/ 08 01 MFT- RT 34 AT SYCAMORE RD 15 - 000 - 75 - 00 - 7118 06/ 24 / 08 2 , 516 . 90 RT 34 & SYCAMORE TRAFFIC S 02 TEMPORARY TRAFFIC SIGNAL * * COMMENT * * INVOICE TOTAL : 2 , 516 . 90 VENDOR TOTAL : 2 , 516 . 90 P9 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 10 : 18 : 13 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GARDKOCH GARDINER KOCH & WEISBERG 60775 06 / 01/ 08 01 ADMIN-HUSS MATTERS 01 - 110 - 61 - 00 - 5300 06 /24 / 08 3 , 714 . 00 LEGAL SERVICES INVOICE TOTAL : 3 , 714 . 00 60778 06 / 01 / 08 01 ARO- KENDAL MARKET PLACE 01 - 000 - 13 - 00 - 1372 06 /24 / 08 105 . 00 A/R- OTHER INVOICE TOTAL : 105 . 00 60780 06/ 01 / 08 01 ADMIN-DISCONNECTION MATTER 01 - 110 - 61 - 00 - 5300 06 / 24 / 08 16 . 12 LEGAL SERVICES INVOICE TOTAL : 16 . 12 60781 06 / 01/ 08 01 ADMIN-LAY- COM MATTERS 01 - 110 - 61 - 00 - 5300 06/24 / 08 6 , 826 . 57 LEGAL SERVICES INVOICE TOTAL : 6 , 826 . 57 60782 06/ 01 / 08 01 ADMIN- OCEAN ATLANTIC MATTERS 01 - 110 - 61 - 00 - 5300 06 /24 / 08 1 , 277 . 82 LEGAL SERVICES INVOICE TOTAL : 1 , 277 . 82 60828 06 / 01/ 08 01 ADMIN- IEPA MATTERS 01 - 110 - 61 - 00 - 5300 06 /24 / 08 10 , 505 . 47 LEGAL SERVICES INVOICE TOTAL : 10 , 505 . 47 60829 06/ 01 / 08 01 ADMIN- CORN HOLDINGS MATTERS 01 - 110 - 61 - 00 - 5300 06 /24 / 08 497 . 66 LEGAL SERVICES INVOICE TOTAL : 497 . 66 60830 06 / 13 / 08 01 ADMIN- IEPA MATTERS , GENERAL 01 - 110 - 61 - 00 - 5300 06 / 24/ 08 1 , 089 . 00 LEGAL SERVICES 02 MATTERS * * COMMENT * * INVOICE TOTAL : 11089 . 00 VENDOR TOTAL : 24 , 031 . 64 GRAINCO GRAINCO FS . , INC . P10 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 10 : 18 : 13 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GRAINCO GRAINCO FS . , INC . 093295 05/ 30 / 08 01 STREETS - FUEL 01 - 410 - 65 - 00 - 5812 06 / 24 / 06 49 . 52 GASOLINE 02 WATER OP - FUEL 51 - 000 - 65 - 00 - 5812 49 . 51 GASOLINE 03 SEWER OP- FUEL 52 - 000 - 65 - 00 - 5812 49 . 52 GASOLINE 04 WATER OP - TIRES 51 - 000 - 62 - 00 - 5409 505 . 62 MAINTENANCE -VEHICLES INVOICE TOTAL : 654 . 17 VENDOR TOTAL : 654 . 17 GREATAME GREATAMERICA LEASING CORP . 7538003 06 / 06 / 08 01 FINANCE - 7 COPIERS 01 - 120 - 62 - 00 - 5412 06/ 24 / 08 1 , 964 . 69 MAITENANCE - PHOTOCOPIERS 02 WATER OP - PW COPIER 51 - 000 - 65 - 00 - 5809 140 . 00 PRINTING & COPYING INVOICE TOTAL : 2 , 104 . 69 VENDOR TOTAL : 2 , 104 . 69 GROUND GROUND EFFECTS INC . 175572 05 / 22 / 08 01 WATER OP- STRAW BLANKET 51 - 000 - 65 - 00 - 5804 06 / 24 / 08 64 . 40 OPERATING SUPPLIES INVOICE TOTAL : 64 . 40 VENDOR TOTAL : 64 . 40 HARRIS HARRIS XT00001200 05 / 31/ 08 01 WATER OP- PRINT AVERAGE DAILY 51 - 000 - 65 - 00 - 5804 06 / 24 / 08 600 . 00 OPERATING SUPPLIES 02 USAGE ON BILLS * * COMMENT * * INVOICE TOTAL : 600 . 00 VENDOR TOTAL : 600 . 00 P11 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 10 : 18 : 13 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HDSUPPLY HD SUPPLY WATERWORKS , LTD . 7288379 05 / 29 / 08 01 WATER OP- METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203962 06/ 24 / 08 1 , 703 . 28 METERS & PARTS INVOICE TOTAL : 1 , 703 . 28 7288385 05 /29 / 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203962 06 / 24 / 08 140 . 00 METERS & PARTS INVOICE TOTAL : 140 . 00 7295216 05 /29 / 08 01 WATER OP -METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203962 06 / 24 / 08 846 . 00 METERS & PARTS INVOICE TOTAL : 846 . 00 7317992 06 / 04 / 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203962 06 / 24 / 08 3 , 375 . 00 METERS & PARTS INVOICE TOTAL : 3 , 375 . 00 VENDOR TOTAL : 6 , 064 . 28 HENNE VERNE HENNE CONSTR . & 26061 06 / 04 / 06 01 STREETS - 47 & 34 LIGHT REPAIR 01 - 410 - 62 - 00 - 5415 06 /24 / 08 862 . 00 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 862 . 00 VENDOR TOTAL : 862 . 00 HERVAS HERVAS , CONDON & BERSANI , P . C . 7495 02 / 29 / 08 01 ADMIN- SIBENALLER V . 01 - 110 - 61 - 00 - 5300 06 /24 / 08 183 . 32 LEGAL SERVICES 02 MILSCHEWSKI * * COMMENT * * INVOICE TOTAL : 183 . 32 7609 04 / 30 / 08 01 ADMIN- SIBENALLER V . 01 - 110 - 61 - 00 - 5300 06 /24 / 08 166 . 92 LEGAL SERVICES 02 MILSCHEWSKI * * COMMENT * * INVOICE TOTAL : 166 . 92 P12 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 10 : 18 : 14 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT HERVAS HERVAS , CONDON & BERSANI , P . C . 7673 05/ 31 / 06 01 ADMIN- SIBENALLER V . 01 - 110 - 61 - 00 - 5300 06 / 24 / 08 37 . 00 LEGAL SERVICES 02 MILSCHEWSKI * * COMMENT * * INVOICE TOTAL : 37 . 00 VENDOR TOTAL : 387 . 24 HINCKLEY HINCKLEY CONCRETE PRODUCTS 13295 05/ 14 / 08 01 WATER OP- MANHOLE RINGS 51 - 000 - 65 - 00 - 5804 06 / 24 / 08 42 . 23 OPERATING SUPPLIES INVOICE TOTAL : 42 . 23 VENDOR TOTAL : 42 . 23 ICCI INTERNATIONAL CODES 20080601 06 / 02 / 08 01 ADMIN- MAY PERMITS 01 - 110 - 61 - 00 - 5314 06 / 24 / 08 41393 . 00 BUILDING INSPECTIONS INVOICE TOTAL : 4 , 393 . 00 20080611 06 / 11/ 08 01 ADMIN- JUNE PERMITS 01 - 110 - 61 - 00 - 5314 06 / 24 / 08 15 , 445 . 40 BUILDING INSPECTIONS INVOICE TOTAL : 15 , 445 . 40 VENDOR TOTAL : 19 , 838 . 40 ICE ICE MOUNTAIN OSE8105151347 06 / 04 / 08 01 POLICE -WATER 01 - 210 - 65 - 00 - 5804 06 /24/ 08 26 . 00 OPERATING SUPPLIES INVOICE TOTAL : 26 . 00 VENDOR TOTAL : 26 . 00 ICMA INTERNATIONAL CITY/ COUNTY MGMT 060908 06 / 09/ 08 01 ADMIN-ANNUAL MEMBERSHIP 01 - 110 - 64 - 00 - 5600 06 /24 / 08 920 . 00 DUES INVOICE TOTAL : 920 . 00 VENDOR TOTAL : 920 . 00 P13 DATE : 06 / 17/ 08 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 10 : 18 : 14 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ILCCMA ILLINOIS CITY/ COUNTY 060908 06 / 09 / 08 01 ADMIN-ANNUAL MEMBERSHIP 01 - 110 - 64 - 00 - 5600 06 /24/ 08 166 . 25 DUES INVOICE TOTAL : 166 . 25 VENDOR TOTAL : 166 . 25 ILEPAADM IL ENV . PROTECTION AGENCY 060208 06 / 02 / 08 01 ENG-ANNUAL NPDES PERMIT FEE 01 - 150 - 62 - 00 - 5403 06 /24 / 08 1 , 000 . 00 FEES INVOICE TOTAL : 11000 . 00 VENDOR TOTAL : 1 , 000 . 00 ILPSAN ILLINOIS PUBLIC SAFETY AGENCY 0028176 05/29 / 08 01 POLICE -ALERT FEES 01 - 210 - 62 - 00 - 5441 00304364 06 /24 / 08 2 , 838 . 00 MTD -ALERTS FEE INVOICE TOTAL : 2 , 838 . 00 VENDOR TOTAL : 2 , 838 . 00 IMSA IMSA 061208 06 / 12 / 08 01 STREETS -YEARLY DUES 01 -410 - 64 - 00 - 5604 00204133 06 /24 / 08 60 . 00 TRAINING & CONFERENCES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 60 . 00 JENSENT JENSEN ENTERTAINMENT INC 5286A 05/ 02 / 08 01 ADMIN-DJ FOR CITY PARTY 01 - 110 - 78 - 00 - 9007 06 /24 / 08 525 . 00 APPRECIATION DINNER INVOICE TOTAL : 525 . 00 5286B 05 / 02 / 08 01 ADMIN-DJ FOR CITY PARTY 01 - 110 - 78 - 00 - 9007 06 /24 / 08 525 . 00 APPRECIATION DINNER INVOICE TOTAL : 525 . 00 VENDOR TOTAL : 1 , 050 . 00 P14 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 10 : 18 : 14 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 /2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT JIMSTRCK JAMES GRIDDLE 5016 05 / 30 / 08 01 STREETS - INSPECTIONS 01 - 410 - 61 - 00 - 5314 06 /24 / 08 60 . 00 INSPECTIONS & LICENSES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 60 . 00 JULIE JULIE , INC . 05 - 08 - 1750 06/ 02 / 08 01 WATER OP -MAY LOCATES 51 - 000 - 61 - 00 - 5303 06/24 / 08 518 . 70 JULIE SERVICE INVOICE TOTAL : 518 . 70 VENDOR TOTAL : 518 . 70 KCHHS KENDALL COUNTY HEALTH 60208 06/ 02 / 08 01 POLICE-HEP B VACCINES 01 - 210 - 62 - 00 - 5430 06 /24 / 08 100 . 00 HEALTH SERVICES INVOICE TOTAL : 100 . 00 VENDOR TOTAL : 100 . 00 KCRECORD KENDALL COUNTY RECORD 86 05/ 31/ 08 01 COMM RELATIONS -DISPLAY AD 01 - 130 - 65 - 00 - 5810 06/24/ 08 195 . 00 PUBLISHING & ADVERTISING INVOICE TOTAL : 195 . 00 89 - C 05 / 31/ 08 01 ADMIN-WATER STORAGE TANK 01 - 110 - 65 - 00 - 5810 06 /24 / 08 40 . 00 PUBLISHING & ADVERTISING 02 ARO-TINLEAF TRAIL , RAGING WAVE O1 - 000 - 13 - 00 - 1372 139 . 60 A/R- OTHER 03 HEM PROPERTIES , CROSS LUTHERAN * * COMMENT * * 04 ADMIN- CENSUS WORKERS 01 - 110 - 62 - 00 - 5403 123 . 30 SPECIAL CENSUS 05 WATER OP - SEASONAL PUBLIC WORKS 51 - 000 - 65 - 00 - 5810 36 . 90 PUBLISHING & ADVERTISING P15 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 10 : 18 : 15 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06/ 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KCRECORD KENDALL COUNTY RECORD 89 - C 05 /31 / 08 06 MAINTENANCE WORKERS * * COMMENT * * 06 / 24 / 08 INVOICE TOTAL : 339 . 80 VENDOR TOTAL : 534 . 80 KENDTREA KENDALL COUNTY TREASURER 061308 06 / 13 / 08 01 ADMIN- CITY PARCELS 01 - 110 - 65 - 00 - 5800 06 / 24 / 08 911 . 78 CONTINGENCIES INVOICE TOTAL : 911 . 78 VENDOR TOTAL : 911 . 78 KENPRINT ANNETTE M . POWELL 16294 06 / 06 / 08 01 FINANCE - 2 SETS BUSINESS CARDS 01 - 120 - 65 - 00 - 5804 06 /24 / 08 58 . 00 OPERATING SUPPLIES INVOICE TOTAL : 58 . 00 VENDOR TOTAL : 58 . 00 KOPYKAT KOPY KAT COPIER 27288 05 /29/ 08 01 ADMIN- PAPER 01 - 110 - 65 - 00 - 5802 00102161 06 / 24 / 08 1 , 240 . 00 OFFICE SUPPLIES INVOICE TOTAL : 1 , 240 . 00 27388 06/ 06 / 08 01 ADMIN- STAPLES 01 - 110 - 65 - 00 - 5802 06 /24 / 08 87 . 00 OFFICE SUPPLIES INVOICE TOTAL : 87 . 00 VENDOR TOTAL : 1 , 327 . 00 LAWNFIRM JAMIE P . & JEANNE M . KELLER 4829 06101108 01 STREETS - SUNFLOWER LAWN 01 - 410 - 75 - 00 - 7104 00204123 06 /24/ 08 1 , 857 . 00 SSA EXPENSE- FOX HILL SUNFL 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 1 , 857 . 00 P16 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 10 : 18 : 15 DETAIL HOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT LAWNFIRM JAMIE P . & JEANNE M . KELLER 4830 06 / 01 / 08 01 STREETS - FOX HILL LAWN 01 - 410 - 75 - 00 - 7104 00204123 06 /24 / 08 2 , 215 . 60 SSA EXPENSE - FOX HILL SUNFL 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 2 , 215 . 60 VENDOR TOTAL : 4 , 072 . 60 LAWNMOW LAWN MOWING EXPRESS 1737 05 / 21/ 08 01 ARO-GRASS CUTTING AT 405 01 - 000 - 13 - 00 - 1372 06 / 24 / 08 125 . 00 A/R- OTHER 02 OAKWOOD * * COMMENT * * INVOICE TOTAL : 125 . 00 VENDOR TOTAL : 125 . 00 LAWSON LAWSON PRODUCTS 6902364 05 / 30/ 08 01 STREETS -OIL , NUTS 01 - 410 - 65 - 00 - 5804 06/24 / 08 160 . 21 OPERATING SUPPLIES INVOICE TOTAL : 160 . 21 VENDOR TOTAL : 160 . 21 MCKIRGN RANDY MCKIRGAN 66081 05 /29 / 08 01 STREETS - FUEL 01 -410 - 65 - 00 - 5812 00204132 06 /24/ 08 1 , 136 . 15 GASOLINE 02 WATER OP- FUEL 51 - 000 - 65 - 00 - 5812 11136 . 15 GASOLINE 03 SEWER OP- FUEL 52 - 000 - 65 - 00 - 5812 1 , 136 . 14 GASOLINE INVOICE TOTAL : 3 , 408 . 44 VENDOR TOTAL : 3 , 408 . 44 MENLAND MENARDS - YORKVILLE 35240 05 / 28 / 08 01 WATER OP-RUSTOLEUM , PAINTER 51 - 000 - 65 - 00 - 5804 06 / 24 / 08 27 . 40 OPERATING SUPPLIES P17 DATE : 06/ 17 / 08 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 10 : 18 : 15 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 35240 05/28 / 08 02 TAPE , SCRAPER , EYEBOLT , * * COMMENT * * 06 / 24 / 08 03 SANDPAPER * * COMMENT * * INVOICE TOTAL : 27 . 40 35728 05 / 30 / 08 01 POLICE-LAWN & LEAF BAGS 01 - 210 - 65 - 00 - 5804 06 /24 / 08 1 . 78 OPERATING SUPPLIES INVOICE TOTAL : 1 . 78 36596 06 / 02 / 08 01 WATER OP -RUSTOLEUM 51 - 000 - 65 - 00 - 5804 06 /24 / 08 30 . 24 OPERATING SUPPLIES INVOICE TOTAL : 30 . 24 36848 06/ 03 / 08 01 POLICE - KEYS 01 - 210 - 65 - 00 - 5804 06 / 24 / 08 8 . 82 OPERATING SUPPLIES INVOICE TOTAL : 8 . 82 37000 - 08 06 / 04 / 08 01 WATER OP -RIVETS , MASONRY BIT 51 - 000 - 65 - 00 - 5804 06 / 24 / 08 8 . 97 OPERATING SUPPLIES INVOICE TOTAL : 8 . 97 37367 06/ 05 / 08 01 STREETS - POLE BREAKER 01 - 410 - 65 - 00 - 5804 06 / 24 / 08 29 . 99 OPERATING SUPPLIES INVOICE TOTAL : 29 . 99 VENDOR TOTAL : 107 . 20 METLIFE METLIFE SMALL BUSINESS CENTER 051908 05/ 19 / 08 01 FINANCE -LIFE INSURANCE 01 - 120 - 50 - 00 - 5204 06 / 24 / 08 3 , 033 . 64 BENEFITS - GROUP LIFE INSUR INVOICE TOTAL : 3 , 033 . 64 VENDOR TOTAL : 3 , 033 . 64 METROWES METRO WEST COG 053008 05 / 30/ 08 01 COMM/DEV- STATE OF COUNTIES 01 - 220 - 64 - 00 - 5604 06/24 / 08 30 . 00 TRAINING & CONFERENCES P18 DATE : 06 / 17/ 08 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 10 : 18 : 16 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT METROWES METRO WEST COG 053008 05/ 30 / 08 02 LUNCHEON * * COMMENT * * 06 / 24 / 08 INVOICE TOTAL : 30 . 00 053008A 05 / 30 / 08 01 ADMIN-STATE OF COUNTIES 01 - 110 - 65 - 00 - 5804 06 / 24 / 08 30 . 00 OPERATING SUPPLIES 02 LUNCHEON * * COMMENT * * INVOICE TOTAL : 30 . 00 VENDOR TOTAL : 60 . 00 MIDAM MID AMERICAN WATER 47050A 05 / 19 / 08 01 WATER OP- COPPER 51 - 000 - 65 - 00 - 5804 06 /24 / 08 808 . 00 OPERATING SUPPLIES INVOICE TOTAL : 808 . 00 47381A 05 /29 / 08 01 WATER OP- CURB BOX RISERS 51 - 000 - 65 - 00 - 5804 06 / 24 / 08 252 . 00 OPERATING SUPPLIES INVOICE TOTAL : 252 . 00 VENDOR TOTAL : 1 , 060 . 00 MJELECT MJ ELECTRICAL SUPPLY , INC . 1098806 - 00 05 /22 / 08 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5415 06 / 24 / 08 173 . 15 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 173 . 15 1098862 - 00 05 / 22 / 08 01 STREETS - PHOTOCONTROL 01 - 410 - 62 - 00 - 5415 06/24 / 08 383 . 40 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 383 . 40 VENDOR TOTAL : 556 . 55 NAMI NAMI DEKALB 06 - 11 - 08 06 / 11 / 08 01 POLICE-MEMBERSHIP RENEWAL 01 - 210 - 64 - 00 - 5600 06 / 24 / 08 30 . 00 DUES INVOICE TOTAL : 30 . 00 VENDOR TOTAL : 30 . 00 P19 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 10 : 18 : 16 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 /2008. INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NCPAA NATIONAL CITIZENS POLICE 061208 06 / 12 / 08 01 POLICE -MEMBERSHIP RENEWAL 01 - 210 - 64 - 00 - 5613 06 /24/ 08 25 . 00 CITIZENS POLICE ACADEMY INVOICE TOTAL : 25 . 00 VENDOR TOTAL : 25 . 00 NEENAH NEENAH FOUNDRY CO . 851736 05 / 20 / 08 01 WATER OP-ADJUSTABLE RINGS 51 - 000 - 65 - 00 - 5804 06 / 24 / 06 437 . 70 OPERATING SUPPLIES INVOICE TOTAL : 437 . 70 VENDOR TOTAL : 437 . 70 NELSON NELSON ENTERPRISES , INC . 9162 - 0002 05 /31/ 08 01 COMM RELATIONS -ADVERTISING FOR 01 - 130 - 62 - 00 - 5401 06 / 24 / 08 52 . 50 CONTRACTUAL SERVICES 02 UPCOMING EVENTS * * COMMENT * * INVOICE TOTAL : 52 . 50 VENDOR TOTAL : 52 . 50 NEWWORLD NEW WORLD SYSTEMS 0000055037 05 /31/ 08 01 PD CAPITAL- 3RD PARTY BAR 20 - 000 - 75 - 00 - 7010 00304338 06 / 24/ 08 3 , 650 . 00 NEW WORLD SOFTWARE 02 CODING EQUIPMENT & ACCESSORIES * * COMMENT * * INVOICE TOTAL : 3 , 650 . 00 VENDOR TOTAL : 3 , 650 . 00 NICOR NICOR GAS 15 - 41 - 50 - 1000 6 - 0608 06 / 06 / 08 01 ADMIN- 804 GAME FARM RD 01 - 110 - 78 - 00 - 9002 06 /24 / 08 176 . 42 NICOR GAS INVOICE TOTAL : 176 . 42 15 - 64 - 61 - 3532 5 - 0608 06 / 06 / 08 01 ADMIN- 1991 CANNONBALL TRAIL 01 - 110 - 78 - 00 - 9002 06 / 24 / 08 62 . 16 NICOR GAS INVOICE TOTAL : 62 . 16 P20 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 10 : 18 : 17 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NICOR NICOR GAS 20 - 52 - 56 - 2042 1 - 0608 06 / 09 / 08 01 ADMIN- 420 FAIRHAVEN 01 - 110 - 78 - 00 - 9002 06 / 24 / 08 65 . 84 NICOR GAS INVOICE TOTAL : 65 . 84 23 - 45 - 91 - 4862 5 - 0608 06 / 04 / 08 01 101 BRUELL STREET 01 - 110 - 78 - 00 - 9002 06 /24 / 08 108 . 08 NICOR GAS INVOICE TOTAL : 108 . 08 31 - 61 - 67 - 2493 1 - 0608 06 / 09 / 08 01 ADMIN- 276 WINDHAM 01 - 110 - 78 - 00 - 9002 06 / 24 / 08 27 . 76 NICOR GAS INVOICE TOTAL : 27 . 76 45 - 12 - 25 - 4081 3 - 0608 06 / 02 / 08 01 ADMIN - 201 W HYDRAULIC 01 - 110 - 78 - 00 - 9002 06 / 24 / 08 258 . 23 NICOR GAS INVOICE TOTAL : 258 . 23 46 - 69 - 47 - 6727 1 - 0608 06 / 06 / 08 01 ADMIN- 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 06 / 24 / 08 63 . 45 NICOR GAS INVOICE TOTAL : 63 . 45 49 - 25 - 61 - 1000 5 - 0608 06/ 02 / 08 01 ADMIN- 1 VAN EMMON 01 - 110 - 78 - 00 - 9002 06 / 24 / 08 41 . 69 NICOR GAS INVOICE TOTAL : 41 . 69 66 - 70 - 44 - 6942 9 - 0608 06/ 09 / 08 01 ADMIN- 100 RAINTREE RD 01 - 110 - 78 - 00 - 9002 06/24 / 08 98 . 22 NICOR GAS INVOICE TOTAL : 98 . 22 77 - 35 - 71 - 1000 4 - 0608 06109108 01 ADMIN- 131 E HYDRAULIC 01 - 110 - 78 - 00 - 9002 06/ 24 / 08 95 . 83 NICOR GAS INVOICE TOTAL : 95 . 83 83 - 13 - 42 - 8369 2 - 0608 06 / 06/ 08 01 ADMIN- 1107 PRAIRIE LANE 01 - 110 - 78 - 00 - 9002 06 /24 / 08 49 . 22 NICOR GAS INVOICE TOTAL : 49 . 22 VENDOR TOTAL : 1 , 046 . 90 P21 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 10 : 18 : 17 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NRTHWSTR NORTHWESTERN UNIVERSITY 15592 05 /22 / 08 01 POLICE - POLICE STAFF & COMMAND 01 - 210 - 64 - 00 - 5605 06 / 24 / 08 175 . 00 TRAVEL EXPENSES INVOICE TOTAL : 175 . 00 VENDOR TOTAL : 175 . 00 OFFWORK OFFICE WORKS 137648 05/26 / 08 01 ENG- PAPER 01 - 150 - 65 - 00 - 5802 06 /24 / 08 7 . 99 OFFICE SUPPLIES INVOICE TOTAL : 7 . 99 138134 06/ 06 / 08 01 ENG-TONER 01 - 150 - 65 - 00 - 5802 06 /24 / 08 107 . 99 OFFICE SUPPLIES INVOICE TOTAL : 107 . 99 VENDOR TOTAL : 115 . 98 PARADISE PARADISE CAR WASH 221312 06 / 01/ 08 01 POLICE - CAR WASHES 01 - 210 - 62 - 00 - 5409 06 /24 / 08 83 . 50 MAINTENANCE - VEHICLES INVOICE TOTAL : 83 . 50 VENDOR TOTAL : 83 . 50 PATTEN PATTEN INDUSTRIES , INC . T0530040751 05 /28 / 08 01 WATER OP-REPAIR HYDRAULIC 51 - 000 - 62 - 00 - 5408 00204125 06 /24 / 08 1 , 383 . 19 MAINTENANCE- EQUIPMENT 02 SYSTEM WHEEL LOADER * * COMMENT * * INVOICE TOTAL : 1 , 383 . 19 VENDOR TOTAL : 11383 . 19 PRINTPER PRINT PERFECT 00053711 05/ 30 / 08 01 COMM RELATIONS - 1 , 000 PLAYDAY 01 - 130 - 78 - 00 - 9010 06/24 / 08 181 . 00 COMMUNITY EVENTS P22 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 10 : 18 : 17 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT PRINTPER PRINT PERFECT 00053711 05 / 30 / 08 02 PASSPORTS * * COMMENT * * 06 /24 / 08 INVOICE TOTAL : 181 . 00 VENDOR TOTAL : 181 . 00 QUILL QUILL CORPORATION 7705282 06 / 02 / 08 01 WATER OP-PRINTER CARTRIDGE 51 - 000 - 65 - 00 - 5804 06 / 24 / 08 134 . 99 OPERATING SUPPLIES 02 ADMIN- PENS 01 - 110 - 65 - 00 - 5802 6 . 29 OFFICE SUPPLIES INVOICE TOTAL : 141 . 28 7735449 06 / 03 / 08 01 COMM/DEV- PENS , PADS , INK 01 - 220 - 65 - 00 - 5804 00102163 06 / 24 / 08 163 . 07 OPERATING SUPPLIES 02 CARTRIDGE * * COMMENT * * INVOICE TOTAL : 163 . 07 7798180 06 / 05 / 08 01 POLICE -BOXES , PRINTER 01 - 210 - 65 - 00 - 5802 06 /24 / 08 419 . 28 OFFICE SUPPLIES 02 CARTRIDGES * * COMMENT * * INVOICE TOTAL : 419 . 28 VENDOR TOTAL : 723 . 63 R0000437 EDWARD LUKASIK INC . 060508 06 / 05 / 08 01 ADMIN- REFUND OVERPAYMENT 01 - 000 - 00 - 00 - 1480 06 /24 / 08 246 . 84 UNAPPLIED CASH INVOICE TOTAL : 246 . 84 VENDOR TOTAL : 246 . 84 RIVEROAK RIVER OAKS FORD 854613 05 / 30 / 08 01 STREETS - BRAKE PADS AND ROTORS 01 - 410 - 62 - 00 - 5409 06 /24 / 08 472 . 93 MAINTENANCE -VEHICLES INVOICE TOTAL : 472 . 93 VENDOR TOTAL : 472 . 93 P23 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 10 : 18 : 18 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT RJONEIL R . J . O ' NEIL , INC . 052908 05/ 29 / 08 01 WATER OP -ADAPTER , NIPPLE 51 - 000 - 62 - 00 - 5407 06 / 24 / 08 349 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 349 . 00 VENDOR TOTAL : 349 . 00 SEYFARTH SEYFARTH SHAW LLP 1479100 05 / 28 / 08 01 POLICE- BFPC LEGAL MATTERS 01 - 210 - 64 - 00 - 5607 06 / 24 / 08 437 . 50 POLICE COMMISSION INVOICE TOTAL : 437 . 50 VENDOR TOTAL : 437 . 50 SHREDIT SHRED- IT 021278458 06/ 03 / 08 01 ADMIN-MONTHLY SERVICE 01 - 110 - 62 - 00 - 5401 06 /24 / 08 160 . 20 CONTRACTUAL SERVICES INVOICE TOTAL : 160 . 20 VENDOR TOTAL : 160 . 20 SIMPLEX SIMPLEXGRINNELL LP 63462797 05/ 09 / 08 01 STREETS - MASTER CITY CIRCUIT 01 - 410 - 62 - 00 - 5416 06 / 24/ 08 406 . 25 MAINTENANCE PROPERTY 02 TROUBLE * * COMMENT * * INVOICE TOTAL : 406 . 25 72209124 05/16/ 08 01 STREETS - FIRE ALARM MAINTENANCE 01 - 410 - 62 - 00 - 5416 06 /24 / 08 11023 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 1 , 023 . 00 VENDOR TOTAL : 1 , 429 . 25 SPIESG GLORY SPIES 052708 05/27 / 08 01 COMM RELATIONS - OVERNIGHT 01 - 130 - 65 - 00 - 5808 06 / 24 / 08 17 . 94 POSTAGE & SHIPPING P24 DATE : 06 / 17/ 08 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 10 : 18 : 18 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SPIESG GLORY SPIES 052708 05 /27 / 08 02 SHIPPING REIMBURSEMENT * * COMMENT * * 06 / 24/ 08 INVOICE TOTAL : 17 . 94 VENDOR TOTAL : 17 . 94 STRYPES STRYPES PLUS MORE INC . 10088 06 / 05 / 08 01 POLICE -REFLECTIVE STRIPE 01 - 210 - 62 - 00 - 5409 06 / 24 / 08 75 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 75 . 00 VENDOR TOTAL : 75 . 00 TAPCO TAPCO 295638 05 /27/ 08 01 ARO - RAGING WAVES SIGNS 01 - 000 - 13 - 00 - 1372 00204131 06 /24 / 08 1 , 415 . 60 A/R- OTHER INVOICE TOTAL : 1 , 415 . 60 296127 05 / 30/ 08 01 MFT- SPEED LIMIT SIGNS 15 - 000 - 75 - 00 - 7007 06 /24 / 08 301 . 87 SIGNS INVOICE TOTAL : 301 . 87 296206 06 / 02 / 08 01 ARO - RAGING WAVES SIGNS 01 - 000 - 13 - 00 - 1372 06 / 24 / 08 140 . 19 A/R- OTHER INVOICE TOTAL : 140 . 19 296238 06 / 02 / 08 01 MFT - STREET SIGN 15 - 000 - 75 - 00 - 7007 06 /24 / 08 51 . 38 SIGNS INVOICE TOTAL : 51 . 38 296342 06 / 03 / 08 01 MFT -BRACKETS , BOLTS 15 - 000 - 75 - 00 - 7007 06/24 / 08 110 . 66 SIGNS INVOICE TOTAL : 110 . 66 VENDOR TOTAL : 2 , 019 . 70 THOMAS THOMAS ALARM SYSTEMS P25 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 10 : 18 : 18 DETAIL BOARD REPORT ID : AP441000 _ WOW INVOICES DUE ON/BEFORE 06 / 24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT THOMAS THOMAS ALARM SYSTEMS J052508142 05 /25 / 08 01 STREETS -YEARLY ALARM SERVICE 01 - 410 - 62 - 00 - 5416 06 /24 / 08 593 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 593 . 00 VENDOR TOTAL : 593 . 00 TUFFY TOFFY AUTO SERVICE CENTER 5107 05 /28 / 08 01 POLICE - OIL CHANGE 01 -210 - 62 - 00 - 5409 06 /24 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 VENDOR TOTAL : 25 . 95 UPS UNITED PARCEL SERVICE 00004296X2228 05 / 31 / 08 01 ADMIN - 1 PACKAGE 01 - 110 - 65 - 00 - 5808 06 /24 / 08 20 . 88 POSTAGE & SHIPPING INVOICE TOTAL : 20 . 88 00004296X2238 06 / 07 / 08 01 ADMIN- 1 PACKAGE 01 - 110 - 65 - 00 - 5808 06/24 / 08 43 . 25 POSTAGE & SHIPPING 02 WATER OP - 1 PACKAGE 51 - 000 - 65 - 00 - 5808 25 . 25 POSTAGE & SHIPPING INVOICE TOTAL : 68 . 50 VENDOR TOTAL : 89 . 38 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0272500 05 /25 / 08 01 HEALTH & SANITATION-MAY 01 - 540 - 62 - 00 - 5442 06/24/ 08 92 , 862 . 07 GARBAGE SERVICES 02 SERVICE * * COMMENT * * INVOICE TOTAL : 92 , 862 . 07 VENDOR TOTAL : 92 , 862 . 07 VSP VISION SERVICE PLAN P26 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 27 TIME : 10 : 18 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 /24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT VSP VISION SERVICE PLAN 051908 05 / 19 / 08 01 FINANCE - JUNE VISION 01 - 120 - 50 - 00 - 5205 06 /24 / 08 21170 . 23 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 2 , 170 . 23 VENDOR TOTAL : 2 , 170 . 23 WALZSCAL WALZ SCALE 8687 A 05/29/ 08 01 POLICE-RECERTIFICATION OF 4 01 - 210 - 62 - 00 - 5408 00304365 06 /24 / 08 1 , 000 . 00 MAINTENANCE - EQUIPMENT 02 TRUCK SCALES * * COMMENT * * INVOICE TOTAL : 1 , 000 . 00 VENDOR TOTAL : 10000 . 00 WHOLTIRE WHOLESALE TIRE 124335 05 /28 / 08 01 POLICE- COOLING FAN , COOLANT 01 - 210 - 62 - 00 - 5409 06 / 24 / 08 375 . 27 MAINTENANCE - VEHICLES INVOICE TOTAL : 375 . 27 124495 06 / 09 / 08 01 POLICE-TIRE REPAIR 01 - 210 - 62 - 00 - 5409 06 /24/ 08 417 . 80 MAINTENANCE - VEHICLES INVOICE TOTAL : 417 . 80 VENDOR TOTAL : 793 . 07 WILDATRY WILDMAN , HARROLD , ALLEN & 372823 05/ 30/ 08 01 AR- LANDFILL LEGAL 01 - 000 - 13 - 00 - 1375 06 / 24 / 08 16 , 629 . 45 A/R- LANDFILL 02 ADMIN-GENERAL LEGAL MATTERS 01 - 110 - 61 - 00 - 5300 1 , 312 . 50 LEGAL SERVICES INVOICE TOTAL : 17 , 941 . 95 VENDOR TOTAL : 17 , 941 . 95 WILLMAN WILLMAN & GROESCH GENERAL P27 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 28 TIME : 10 : 18 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WILLMAN WILLMAN & GROESCH GENERAL 587 05 /28 / 08 01 STREETS - REPLACE FAUCET 01 -410 - 62 - 00 - 5416 06 / 24 / 08 355 . 00 MAINTENANCE PROPERTY INVOICE TOTAL : 355 . 00 VENDOR TOTAL : 355 . 00 WIREWIZ WIRE WIZARD OF ILLINOIS , INC PC6493 06101108 01 WATER OP -MONITOR BURGLAR ALARM 51 - 000 - 62 - 00 - 5407 06 / 24 / 08 621 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : 621 . 00 VENDOR TOTAL : 621 . 00 WTRPRD WATER PRODUCTS , INC . 0208478 06/ 02 / 08 01 WATER OP-END POINTS , BACK 51 - 000 - 75 - 00 - 7508 00203960 06 /24 / 08 3 , 480 . 00 METERS & PARTS 02 PLATES * * COMMENT * * INVOICE TOTAL : 31480 . 00 VENDOR TOTAL : 3 , 480 . 00 YORKACE YORKVILLE ACE & RADIO SHACK 119039 06 / 03 / 08 01 SEWER OP -BATTERIES 52 - 000 - 65 - 00 - 5802 06 / 24 / 08 18 . 76 OFFICE SUPPLIES INVOICE TOTAL : 18 . 76 VENDOR TOTAL : 18 . 76 YORKNAPA YORKVILLE NAPA AUTO PARTS 836294 05/ 08 / 08 01 STREETS - WIRE KIT , CONNECTOR 01 - 410 - 62 - 00 - 5408 06/24 / 08 35 . 35 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 35 . 35 836338 05/ 08 / 08 01 STREETS - OIL & FUEL FILTER 01 - 410 - 62 - 00 - 5409 06 / 24 / 08 38 . 65 MAINTENANCE -VEHICLES INVOICE TOTAL : 38 . 65 P28 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 29 TIME : 10 : 18 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06/24 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKNAPA YORKVILLE NAPA AUTO PARTS 837071 05/ 14 / 08 01 STREETS - PRODUCT RETURN 01 - 410 - 62 - 00 - 5409 06 / 24 / 08 - 5 . 88 MAINTENANCE -VEHICLES INVOICE TOTAL : - 5 . 88 837157 05 / 15/ 08 01 STREETS - SOCKET 01 - 410 - 62 - 00 - 5409 06 /24 / 08 15 . 65 MAINTENANCE -VEHICLES INVOICE TOTAL : 15 . 65 837193 05 / 15 / 08 01 STREETS - SOCKETS 01 - 410 - 62 - 00 - 5409 06 / 24 / 08 53 . 28 MAINTENANCE -VEHICLES INVOICE TOTAL : 53 . 28 837197 05 / 15 / 08 01 STREETS -WHEEL SEALS 01 - 410 - 62 - 00 - 5409 06 / 24 / 08 87 . 20 MAINTENANCE -VEHICLES INVOICE TOTAL : 87 . 20 837199 05 / 15 / 08 01 STREETS - OIL SEAL RETURN 01 - 410 - 62 - 00 - 5409 06 / 24 / 08 - 65 . 04 MAINTENANCE -VEHICLES INVOICE TOTAL : - 65 . 04 837367 05 / 16 / 08 01 WATER OP - OIL & AIR FILTER 51 - 000 - 62 - 00 - 5409 06 / 24 / 08 21 . 64 MAINTENANCE -VEHICLES INVOICE TOTAL : 21 . 64 838891 05 / 30 /08 01 SEWER OP -TOOL BOX LINER 52 - 000 - 62 - 00 - 5409 06 /24 / 08 9 . 92 MAINTENANCE -VEHICLES INVOICE TOTAL : 9 . 92 VENDOR TOTAL : 190 . 77 YORKPDPC YORKVILLE POLICE DEPT . 061108 06 / 11/ 08 01 POLICE -MEAL REIMBURSEMENT 01 - 210 - 64 - 00 - 5605 06/ 24/ 08 7 . 23 TRAVEL EXPENSES 02 ADMIN-LIQUOR BACKGROUND 01 - 000 -41 - 00 - 4100 78 . 50 LIQUOR LICENSE INVOICE TOTAL : 85 . 73 VENDOR TOTAL : 85 . 73 P29 DATE : 06 / 17 / 08 UNITED CITY OF YORKVILLE PAGE : 30 TIME : 10 : 18 : 20 DETAIL BOARD REPORT ID : AP441OOO . WOW INVOICES DUE ON/BEFORE 06 / 24 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKPOST YORKVILLE POSTMASTER 060108 06 / 01/ 08 01 WATER OP-UTILITY BILL POSTAGE 51 - 000 - 65 - 00 - 5808 06 /24 / 08 1 , 800 . 00 POSTAGE & SHIPPING INVOICE TOTAL : 1 , 800 . 00 VENDOR TOTAL : 1 , 800 . 00 TOTAL ALL INVOICES : 363 , 792 . 48 P30 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 6/7/2008 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION $22,204. 37 $59.04 $22 ,263 .41 $ 1 ,714. 14 $ 1 ,694 .26 $25,671 . 81 FINANCE $13 ,793.64 $0.00 $ 13,793.64 $1 ,073. 15 $ 17026 .78 $ 15, 893 . 57 COMMUNITY REL. $3,242. 50 $0 .00 $3,242.50 $ 194.50 $248.06 $32685.06 ENGINEERING $20,321 .84 $32.07 $20, 353.91 $ 1 , 583. 54 $ 1 , 537.92 $23,475. 37 POLICE $92,232.82 $27473.58 $94,706 .40 $724. 09 $7,202.28 $ 102,632.77 COMMUNITY DEV. $15,952.64 $0.00 $ 15,952 .64 $ 1 ,241 . 10 $ 1 ,214.63 $183408.37 STREETS $10 ,735. 31 $439. 36 $ 11 , 174.67 $779. 14 $851 . 19 $12 ,805.00 WATER $13, 520. 94 $202. 87 $ 13,723.81 $981 .81 $ 19042. 59 $ 15,748.21 SEWER $5,992.40 $ 180. 33 $6, 172.73 $480.24 $466.08 $79119.05 PARKS $ 18,388.48 $ 142.43 $ 18, 530.91 $ 1 , 181 .62 $ 1 ,417.65 $21 , 130. 18 REC. CENTER $657.69 $0. 00 $657.69 $51 . 17 $50.32 $759. 18 RECREATION $227042.81 $0.00 $223042.81 $ 1 ,303.37 $ 1 ,685. 36 $259031 . 54 LIBRARY $ 14,505.72 $0.00 $ 14,505.72 $494.92 $ 1 , 109.69 $16 , 110.33 TOTALS $253,591 . 16 $3,529.68 $257 , 120.84 $ 11 ,802.79 $ 19,546. 81 $2889470.44 TOTAL PAYROLL 6/7/2008 $288,470 .44 INVOICES 6/24/2008 $3631792 .48 TOTAL DISBURSEMENTS $652,262.92 P31 Lisa Pickering From: Robin Frisch [robinf23 @sbcglobal.net] Sent: Sunday, June 15, 2008 2:33 PM To: val.burd @comcast.net Subject: Human Resource Commission Attachments: 3485957506-Robi n Frischresu me08.doc Dear Mayor Burd, My name is Robin Frisch and my family and I moved to Yorkville this past December. Every day we are here we grow to appreciate more and more about life in Yorkville! People have been so friendly and welcoming, and the town has so much charm as well as potential for future growth. The possibilities seem unlimited! As I read about your plans and priorities for what lies ahead for Yorkville I find myself nodding in agreement with your vision and have a great deal of respect for your dedication and commitment. I would be honored to be able to serve my new community wherever needed. Last week Robyn Sutcliff spoke to me about the vacancy on the Human Resource Commission. As I read about the mission of the Human Resource Commission on the Yorkville website I knew this was a place where I could contribute to Yorkville. After working for many years with children and their families in various capacities I feel I could make a positive contribution to enriching the lives of people in Yorkville by serving in this capacity. Attached please find my resume. I look forward to meeting with you at your convenience. Thank you for all that you do to make Yorkville such a quality city that we are thrilled to now call our home! Best, Robin Frisch i Robin Frisch 1072 Spring St. Yorkville, IL 60560 Home Phone 630.553.4859, Mobile Phone 630.915.5335 Emailrobinj23@sbeglobal.net Education 2004 - 2007 Master's of Science Degree in Child Development with a specialization in Administration Leadership Erikson Institute, Chicago, IL. 2001 — 2002 DePaul University, Naperville, IL. Graduate Coursework in School for New Learning with focus on How children learn in informal settings such as children's museums 1992 - 1993 Governor's State University, University Park, IL. Graduate coursework in Early Childhood Education 1980 - 1981 Purdue University — Graduate Coursework in Counseling Program 1977 - 1979 Illinois State University B.S. Psychology 1975 - 1977 National College of Education Elementary Education Curriculum Experience 2005 — Present Congregation Beth Shalom Director Early Learning Center As Director, responsible for hiring, supervising and evaluating staff, developing curriculum that meets developmentally appropriate standards and best practices, providing staff training and parent education seminars, participating in professional growth activities staying abreast of current research in the field of early childhood and child development, maintaining fiscal control of finances including development and implementation of budget, and is responsible for overall business operations, marketing, and promotion of all Early Learning Center programs. 2004 — Present Congregation Beth Shalom Lead Teacher Early Learning Center Responsible for planned instruction according to developmentally appropriate practices with strong emphasis on Jewish curriculum. Assesses learner progress, conducts parent-teacher conferences, and communicates current and accurate knowledge in the content area and philosophy of the Early Learning Center, provides a play based learning environment that promotes social, emotional, physical, cognitive, and spiritual growth of children ages birth to five years old, including the development of conflict resolution and problem solving skills. 2000- 2004 MindSplash, LLC Experience Director Provided educational background and content research for interactive exhibit development, as well as programmatic and training sessions and materials for children's museums and other public and educational settings. Emphasis on development of exhibits that were accessible to all children of all ages and ability levels while also meeting state and national educational standards. Also provided front-end and summative evaluation services for interactive exhibits. 2001 - 2003 Naper Settlement Events Manager Developed and executed major special events for 191' Century History Museum that served as fundraisers while fulfilling the mission of education and historic preservation. Also provided evaluation services for children's interactive history exhibits and components. 1999 - 2003 DuPage Children ' Museum "Aunty Math" Website writer Responded to children on an interactive math website for children in kindergarten through fifth grade as a representative for "Aunty Math". Encouraged students to develop their creative problem solving skills while thinking mathematically. 1997 - 2000 DuPage Children 's Museum Manager of Programs Managed and assisted with the development of school programs that served over 20,000 children per year, revamped outreach program educational materials, provided in-house museum educator staff and teacher in-services and trainings, managed museum floor visitor programs, served as editor of monthly newsletter and facilitated staff early childhood training. 1996 - 1997 School District 204 Special Education Aid Worked as a one on one aide for children with special needs as part of Hill Middle School Inclusion Program 1991- 1995 South Holland Parks and Recreation Program Coordinator Developed recreational programs for children and families in the community. Created a new program called "Yes I Can' for children with special needs and their siblings. Organized a Challenger Little League program that served over 70 athletes with special needs and their "buddies." Obtained sponsors and funding for field modifications and special equipment. 1995 -1996 Illinois State Board of Education Regional Technical Assistance Grant Co-author of Coping and Problem Solving Module for Parents of Children with Special Needs) Professional Organizations Association for Childhood Education, International Association for Professional Humane Educators Coalition for the Advancement of Jewish Education National Association for Multicultural Education NAYCE (National Association for the Education of Young Children) Community Service Congregation Beth Shalom Tikkun Olam (Repair of the World) Committee Congregation Beth Shalom Pulpit Committee Playing For Keeps Volunteer Researcher: Links Between Play and Multiculturalism Helping Hand family Women's American ORT Education Representative Congregation Beth Shalom - Vice President of Member Services Board Member — Hebrew Academy of Northwest Indiana ILI 0,0(l kilt 14VI If UhYetlCity- ofYorkvilleCommissionLCumimik, rrWit n. < : 7b§, bbnsttioreit fo r a cOmmission a: ooaxnitee birase Con tptc . : thi tpi P1, tip.=H :11 `z t5 pu[ 1eYjt aCUhded City of 1 orl(ViVe &.10 t;aiac Psrm Roan Yod.ull I ���� �aa���� d�a taxr saar,5�•7�>s r ;' U .-e..:��. Work (( ;� 1 tQS d ca ire CbtnnStssianlCaMI 0 (a) at you would like to pot ticip ae r,. Carnmittaa , lj Plnnt?mg Commission 11, S , n - l l Fark Board sau�c�fi«6mmtttee ❑ %aning daan'i or Appeals o es to sit tp l3 sslec8ao o#cammittee membars. a yr'e��epceq�pgrcttl5bj and(orwbrlq that vill hcJpyou In serving the residents cif X '1''�d� ftu2d'sa tdiJ�t.a�. ,t � a f31R p, , �r_ a-ComnxssraniCo[iimrlYe # heYJ Iteo ity ofYmhvfle? +'` '-1+t r�tt5 pa#f ozzxb>:: tleve(v m�nf a Ytia United City u �'ptamale ngnarsanmttla+pry pra`iitcbe m lie hlem¢ arnl R< ems, rxxuat �ti}i1Sh�7kllh`d1 a�tStte pf7redani CCl4th�ighis 1e�7,dzitnn[nctutfinp tf� �:}'Ra , Mai` txla�lbn � � { qtr � n c e�ED clTk Reviewed By: Agenda Item Number J2 T Legal ❑ MGLUOL 3 • Finance ❑ EST. , 1836 Engineer ❑ g Tracking Number U u y City Administrator ❑ a - O Consultant ❑ u, ILL.E Agenda Item Summary Memo Title: Cobb Park Playground Equipment Meeting and Date: City Council, June 24,2008 Synopsis: Purchase of playground equipment from GameTime, Inc. for Cobb Park playground build. Equipment to be purchased through U.S. Communities Program Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of purchase of equipment. Submitted by: Dave Mogle, Director of Parks and Recreation Name Department Agenda Item Notes: For a renovation of Cobb Park, a small park on Colonial Parkway. The playground is a gladiator theme. It will be a"community build"to be held on Saturday, July 26, 2008. GameTime, Inc. has contributed park benches for no additional charge and are supplying manpower from their headquarters in Alabama to guide the volunteers on site. The equipment is being purchased through US Communities,a national intergovernmental purchasing program. Cost of equipment in Park Capital Budget. See attached material. Recreation Concepts Inc. P.O. Box 580 Oswego, IL 60543 Phone Number. (630) 554-3800 Fax Number: (630) 554-3750 Cobb Park - Gladiator Themed Design-REV PLAN-6-10-08 Quote Number: 44403 United City of Yorkville Quote Date: 6/10/2008 Attn: Laura Haake 800 Game Farm Road Yorkville, IL 60560 Phone: 630-553-8574 Fax: 630-553-3436 00 • RDU Xscape Modular Unit 1 $16,252.00 $ 16,252.00 26057 -- 2 Way X-Pod Step 4 26058 -- 3 Way X-Pod Step 2 26062 -- Trapeze Quad Circuit 1 26064 -- DNA Climbing Wall Attachment 1 26066 -- Laced Climbing Wall Attachment 1 26067 -- Ladder Wall Attachment 1 26070 -- Sail Climbing Wall Attachment 1 26078 -- Arched Loop Ladder Overhead 1 26079 -- Inverted Loop Ladder Overhead 1 26080 -- Stretched Loop Ladder 1 26088 -- Tri Ladder 1 26089 -- Astrol Rail 2 26094 -- Triangular Shroud 17 3177 High Stepper Mini 1 $115621.00 $ 11 ,621 .00 6141 Mini Pod Toad Stool 4 $164.00 $656.00 6200 Sky Runner (F/S) 1 $ 1,555.00 $ 1,555.00 RDU Xscape Swing 1 $1,416.00 $1,416.00 1483 — 3 1/2" Belt Seat-Gals Chain 2 26034 -- Xscape Swing 1 RDU PrimeTime Tot Unit 1 $7,375.00 $7,375.00 12025 -- 3 1/2" Uprt Ass'Y Alum 10' 2 12069 -- 3 1/2"Uprt Ass'Y Alum 14' 4 12812 -- 4'-0"/4'-6"Clover Leaf Climber, 36" Dk 1 18202 -- Rect Punched Deck P/T 1 18252 -- 4'-0" Transfer Point 36" W 1 18364 -- 4' Flat Wall Attachment 1 18377 -- 4' Double Zip Slide 1 18579 -- Sail Roof 2 RDU "T" Swing 1 $ 1,404.00 $ 1,404.00 1470 -- 3 1/2" Enclosed Tot-Gals Chain 2 Total Amount: Continued Page 1 of 2 Recreation Concepts Inc. P.O. Box 580 Oswego, IL 60543 Phone Number: (630) 554-3800 Fax Number: (630) 554-3750 Cobb Park - Gladiator Themed Design-REV PLAN-6-10-08 Quote Number: 44403 United City of Yorkville Quote Date: 6/10/2008 Attn: Laura Haake 800 Game Farm Road Yorkville, IL 60560 Phone: 630-553-8574 Fax: 630-553-3436 ! e Ask I P831 -- T-Swing (painted),3 1/2" Od 1 178749 Owner's Kit 1 $44.00 $44.00 This quote is for equipment and delivery only, and does not include installation, site SubTotal: $40,323.00 work, off-loading or surfacing. Discount: $6,054.03 Material Surcharge: $630.04 This equipment must be ordered before June 30, 2008 to avoid additional equipment Freight: $1,734.25 surcharges. Total Amount: $36,633.26 Contract: USC Prices are firm for 30 days. Order shipped 30-45 days ARO unless otherwise noted. Acceptance of this quote indicates your agreement to Gametime's terms which is net 30 days for shipping with approved credit. A signed P.O. made out to Gametime C/O Recreation Concepts, Inc. or this signed quotation is required for all orders. Please call (800 438-2780 if you have any questions, fax (704)525-7356. Salesman's Signature Customer's Signature Page 2 of 2 U.S. Communities: Welcome Page 1 of 2 Register To Participate U.S. Communities Government Purchasing Alliance '.. Products '.(U.S. Communities), a division of U.S. Communities Contracts Public Services Alliance was designed in cooperation with Legal Authority an Advisory Board of local and state government Value Proposition 'purchasing officials and is jointly sponsored by the Key Participants Association of School Business Officials International Participants Login I(ASBO), the National Association of Counties (NACo), the About Us National Institute of Governmental Purchasing (NIGP), the '.. FAQ's National League of Cities (NLC), and the United States Green Initiative Conference of Mayors (USCM). 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Value Proposition Key Participants Office/School Supplies Maintenance and Hardware Supplies Participants Login • Office Depot • HD Supply Facilities Maintenance About Us • The Home Depot FAQ's Office Furniture Electrical Products Green Initiative • Haworth • Graybar Supplier Inquiry • Herman Miller • Knoll Telecommunications Supplies • KI (Krueger Intl.) • Graybar School Furniture - Homeland Security Solutions tit., carlum nitit°s • Vlrco • Hagemeyer NA G'ftYR"rnxxur @l u4rrsErrg ARtnr1re `� rc1Y3 of Technology Solutions Technology Products • GTSI Corp. • Tech Depot US, Ct)MMUNITIFS Office Machines Park & Playground r C+:'r 1.+eS,mLYrvare • Ricoh Americas Inc. • Gametime • Lanier • Little Tikes • Ricoh Sevin • Landscape Structures • Housing Compliance Services Roofing Supplies & Services • Compliance Services, LLC • HCS P.E. Supplies Janitorial Supplies • Sportime • ZEP Manufacturing Co. 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Definitions. For the purpose of this Act: Green Initiative Supplier Inquiry (1 ) The term "public agency" shall mean any unit of local government as defined in the Illinois Constitution of 1970, any school district, any public community college district, any public building commission, the State of Illinois, any agency of the State ? s r government or of the United States, or of any other State, any political subdivision of another State, and any combination of the above pursuant to an intergovernmental ti.4, Coulmunili<_q agreement which includes provisions for a governing body of the agency created by Gwe' rrnrutot 7nrrhvxs rig Allh ace the agreement. iv Nn of - For the purposes of this Act, "public agency" includes the Mid-America Intermodal Authority Port District created under the Mid-America Intermodal Authority Port District U, S. COMMUNITIES Act. (2) The term "state" shall mean a state of the United States. 5 ILCS 22013 Sec. 3. Intergovernmental cooperation. Any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States do not prohibit joint exercise or enjoyment and except where specifically and expressly prohibited by law. This includes, but is not limited to,(i) arrangements between the Illinois Student Assistance Commission and agencies in other states which issue professional licenses and (ii) agreements between the Illinois Department of Public Aid and public agencies for the establishment and enforcement of child support orders and for the exchange of information that may be necessary for the enforcement of those child support orders. View Other State Statute: : I - , Back To Top U-S. communitias. 2033 North Main Suite 700 Wan utOrea ' savin. ftermanMitter Walnut CA 045$8 -fig , GM" r Tel. No. (866) 412-7467 <e" infc@uscammenit]as.otg http://www.uscommunities.org/legal/statute.asp?st=IL 6/18/2008 YORKVILLE PARKS & RECREATION COBB PARK PLAYGROUND ` GLADIATOR THEME DESIGN, FULL-SITE VIEW — It It qc �. � � � ^a• � ,'may�R1L, _ . F — { a ` www.recreationconcepts.com YORKVILLE PARKS & RECREATION a ' COBB PARK PLAYGROUND GLADIATOR THEME DESIGN. 5-12 AREA VIEWr g Si. � s4f R f'GfatCr. - yi. z is www.recreationconcepts.com YORKVILLE PARKS & RECREATION CONCEPTS INC. COBB PARK PLAYGROUND s GLADIATOR THEME DESIGN, 2-5 AREA VIEW / •( ppS t• Y ri [ • YMf ? a � th +r r, .N- ..➢ " /µWS 6v 4'�y� 7� _± vim• i �'^� r�l��#, �y.�'•°F��a�•��,f�} s°'.e�� � > .r.� ply "- t -._ m v r w 0 www.recreationconcepts.com Reviewed By: Agenda Item Number 2 m O J n Legal El A.V +Y2 if '-I 1 �y Finance F]EST. i836 Engineer 1:1 g Tracking Number ® V W N City Administrator F1 Consultant ❑ ❑ !<LE Agenda Item Summary Memo Title: Heartland Circle Park RFP Results Meeting and Date: City Council Synopsis: Discussion of park plan and RFP results for playground Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of quote from Team Reil for Option 1 play equipment in the amount of$50,000. Submitted by: Dave Mogle, Director of Parks and Recreation Name Department Agenda Item Notes: See attached memo. A D T 0 United City of Yorkville Memo 800 Game Farm Road ESL 1 - ,. 1s3s Yorkville, Illinois 60560 ® � Telephone : 630-553 -4350 �p V p Fax: 630-553 -7575 Date: June 19, 2008 To: City Council From: Dave Mogle, Director of Parks and Recreation Subject: Heartland Circle Park RFP Results On June 5th five different playground manufacturers submitted proposals that were opened for the space themed park at Heartland Circle. The results were as follows: Company Playstructure (with swings) Shelter Parkreation (Little Tikes) $505177.00 $ 12,000.00 Recreation Concepts (Gametime) $50,000.00 $ 12,000.00 Team Reil (Miracle) #1 $50,000.00 $ 10,000.00 Team Reil (Miracle) 92 $5000.00 $ 1000.00 Howard White & Assoc. $46,545.00 $ 10,385 .00 Reese Recreation $50,000.00 $ 10,574.50 Staff review of the submissions led to the selection of play equipment from Team Reil. The Option # 1 is a 14' high structure that gives the "rocket" feel. Please see the Attachment A for equipment selection pictures. Pricing is as follows: Please see Attachment B for the park construction cost estimate. Staff has worked on estimating construction costs, and supports moving forward with this project. Staff is seeking the approval ofpurchasing Miracle equipment from Team Red in the amount of ESQ 000. 00. Alternates If funds allow, Staff recommends purchasing and installing the infinity climber. The climber is $ 11 ,423 .00. Depending upon the overall construction costs, this will be determined at a later date. It is Staff's recommendation to meet with the HOA to determine if they are willing to fundraise to purchase and install the shelter at this park. • • • City �_ REMO etship orkville ' i Ii ...iJ-i� -•� --7 mil MIRAC 511 �7 RECREATION EQUNMFtR L m z N AT A.aog5NT 0 CITY OF YORKVILLE HEARTLAND CIRCLE — SPACE THEME COST ESTIMATE JUNE 12, 2008 EARTHWORK $69496.00 PLAYGROUND & SANDBOX Drainage and safety surface $7,708.00 Playstructure, swings, backhoe digger, fitness equipment (includes installation) $76, 158.00 Mason sand for sandbox $850.00 $84,716.00 BASKETBALL COURT Earthwork, base course, surface course, hoops, seal coating $20,538.00 SITE FURNISHINGS (all items furnished, assembled, and installed in-house) Benches (2) $ 1,588.00 ADA picnic table (1) $ 19550.00 Trash receptacles (2) $ 1 .978.00 $5,116.00 CONCRETE Walkways, ramps, and concrete pads $17,645.50 SKATE PARK Site work, concrete pad, and bowl $11,858.00 LANDSCAPING (BY OWNER) Sod and seed $ 1 , 100.00 Shade trees, ornamental trees, evergreens, shrubs, and perennials $3.000.00 $4,100.00 LIGHTING AND SIGNAGE (BY OWNER) Signage and ornamental lights $2,300.00 BASE BID TOTAL $156,894.70 INFINITY CLIMBER (ALTERNATE) Purchase and install Inifmity climber $16,563.00 SHELTER (ALTERNATE) Purchase and install of a 12' x 12' shelter $14,000.00 TOTAL WITH ALTERNATES $187t457,70 i `�fp0 C/r y Reviewed By: Agenda Item Number J 4 ° T Legal ❑ Finance ❑ EST. 1636 Engineer ❑ Tracking Number City Administrator ❑ p �O Consultant ❑ <CE Parks and Recreation F-1 Agenda Item Summary Memo Title: Beautification Pilot Program Meeting and Date• City Council—June 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderwoman Rose Spears Name Department Agenda Item Notes: This agenda item was requested by Alderwoman Spears with the consent of Alderman Besco and Alderman Golinski. Lisa Pickering From: Rose Spears Sent: Monday, June 16, 2008 2:31 PM To: Brendan McLaughlin Cc: Lisa Pickering Subject: City Council Agenda Brendan, The beautification pilot program agenda item I requested to be placed on the next CC agenda also has the approval of Joe Besco and Gary Golinski. Thank you, Rose Spears Alderperson, Ward 4 1 `,�fpo C/p y Reviewed By: Agenda Item Number J� 4 A T Legal El Esr. I iaas Finance F1 Engineer ❑ Tracking Number City Administrator ❑ 9 °sue �O Consultant ❑ PC 2008-08 Le � Parks and Recreation ❑ Agenda Item Summary Memo Title: Ordinance Approving an Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement Meeting and Date• City Council—June 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE FOUNTAINVIEW/DTD INVESTMENTS, LLC ANNEXATION AGREEMENT WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and DTD Investments, LLC, an Illinois limited liability company (the "Owner/Developer"), entered into an Annexation/Planned Unit Development Agreement on April 24, 2007 (the "Agreement"), regarding property owned by the Owner/Developer which is approximately 4.214 gross surveyed acres (the "Subject Property"); and, WHEREAS, the Owner/Developer now desires to allow a front building setback of thirty-seven (37) feet for the building to be constructed on Lot 3 of Fountainview Subdivision as measured from the North Right-of-Way line of the Fountainview Drive Right-of-Way; and, WHEREAS, the Owner/Developer also desires that the dedicated Fountainview Road Right-of- Way shall consist of sixty-six (66') feet, with thirty-three (33 ') of that proposed Right-of-Way being located on the North half of the Fountainveiw Drive on the property of Petitioner; and, WHEREAS, the Owner/Developer also desires to maintain a thirteen (13 ') foot side yard setback for the North side of the building to be constructed on Lot 3, and a ten (10') foot parking setback from said roadway as measured from the North Right-of-Way line of Fountainview Road; and, WHEREAS, Owner/Developer shall install at its expense a sidewalk on the North side of Fountainview Drive parallel with Fountainview Drive in an Easement granted by the Developer to the City outside of said Right-of-Way on the Subject Property; and, WHEREAS, the Mayor and City Council deem it necessary to approve the proposed Amended Annexation/Planned Unit Development Agreement, attached hereto, to include the above-stated parameters, which is in the best interests of the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The attached Amended Annexation/Planned Unit Development Agreement is hereby approved, and, the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSESPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 Reviewed By: Agenda Item Number Legal ❑ EST. 1836 Finance Fl 1 Engineer ❑ Tracking Number in v) City Administrator ❑ Consultant ❑ EDC2007-38 CE Parks and Recreation F-1 Agenda Item Summary Memo Title: Sign Ordinance Update Meeting and Date: City Council—June 24, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Memorandum To: Yorkville City Council EST. 1896 From: Charles Wunder m o CC: [®J Cl � Date: 6/17/2008 n(( Subject: Sign Ordinance Revision Draft CE The City of Yorkville's sign regulations are a Chapter in the Building Code and were last revised several years ago. A copy of the current sign regulations is included in the attached information. In the fall of 2006 the Zoning Board of Appeals expressed some concerns with the current sign regulations, particularly with all of the new commercial development in the Route 34 and Route 47 corridors. The staff prepared a draft of new sign regulations and throughout 2007 the Zoning Board of Appeals directed the staff to make modifications of that draft. A copy of the proposed sign regulations is attached and labeled as a draft. The first notable change is that the "Principles" and "General Purpose" sections have been added as new sections of the sign regulations. The first section, "Principles", outlines the concepts and ideas used in developing the revised sign regulations. The second section, "General Purposes" establishes overall objectives of the sign regulations. The third section of the sign regulations is also a new addition to the sign regulations. The "Scope" section identifies the actions relating to signs that are governed by these regulations. The first three sections are useful in helping future staff and decision makers interpret these regulations. The fourth section lists signs that are exempt from the sign regulations in the Zoning Ordinance. It should be noted that this section does not exempt the signs from any other City sign regulations or Building Code requirements. A sign permit is not needed to put up an exempted sign. As you may notice, many of the signs listed in this section have size limits. The next section of the sign regulations is titled "General Provisions". This section establishes how sign area and sign height is measured. It also stipulates how signs may be illuminated and governs where signs may be located. This section contains requirements that signs be properly maintained. The last two provisions of this section determine when signs are considered abandoned and under what circumstances a sign must be removed. The sixth section of the proposed sign regulations defines and describes the various types of signs referred to in the text of the regulations. The types of signs are grouped into two categories, structural types of signs and functional types of signs. The structural types of signs category lists the physical descriptions of the various signs. The functional types of signs category lists the various purposes of the signs mentioned in the sign regulations. This differentiation is necessary because the regulations control both the functions of the sign and the physical location/appearance of the signs. The next section of the sign regulations lists the signs that are prohibited in Yorkville. Most of the signs on this list are prohibited under the current sign regulations. The signs that have been added to the prohibited sign list tend to fall in a category that can be described as having to do with public safety concerns. For example, one of the new provisions prohibits any sign that blocks an ingress or egress from a fire escape, door or window. The next three sections deal with the signs that are permitted in the City's zoning districts. Each of these sections is divided into regulations dealing with permanent and temporary signs. The eighth section governs the signage allowed in the agricultural, residential and flood zoning districts. The ninth section covers signs in the Business Districts and the tenth section covers signage in the Manufacturing Districts. The eleventh section covers the subject of nonconforming signs. This section defines what a nonconforming sign is and under what circumstances it has to be brought into conformance with the city's sign regulations. The twelfth section of the proposed sign regulations describes the sign permit procedures for both permanent and temporary signs. These provisions establish that the City Council sets the sign permit fees and lists the items of information that are needed to get a sign permit. The last section specifies the manner in which variations from the sign regulations can be made. On February 5, 2008 the Zoning Board of Appeals met with representatives from some sign companies, commercial developers and local business owners to answer questions about the proposed changes and hear their comments and suggestions on changes that would improve the draft. A summary of the meeting has been attached. The attached Sign Ordinance Draft addresses many of the concerns that were addressed at this meeting. One item that involved extensive discussion at the Economic Development Committee meetings were Message Board signs, particularly the L.E.D. electronic message boards. The Committee learned that L.E. D. signage was becoming the industry standard because it was much more energy efficient and the light elements lasted much longer than fluorescent or incandescent lighting. The Committee directed the staff to require that electronic message boards have a minimum duration time of twenty-four hours, prohibit any transition effects and limit the message board area to a maximum of 50% of the total sign area. o United City of Yorkville 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ®' Fax: 630-553-3436 vp on °<Alt E Meeting Summary REVISING THE CITY' S SIGN REGULATIONS February 5, 2008 7:00-9:00 PM Yorkville City Hall City Council Chambers ATTENDEES: Chris Funkhouser, ZBA member; Rick Winninger, Action Graphix; Greg Mullen, Saint Joseph Cabinetry/Chamber of Commerce; Fred DuSell, resident; Cheryl Grate, Grate Signs, Inc.; Glenn Johnson, Tri-Land Properties; Mayor Valerie Burd, Yorkville; Kathy Farren, Kendall County Record; Mike Skinner, ZBA member; Jeff Baker, ZBA Chairman; Harold Oliver, HRM; Alderman Joe Plocher, Yorkville; Frank Willman, Willman and Groesh; Travis Miller, Yorkville staff. Discussion began at 7:00 pm. Travis Miller welcomed the attendees and gave a brief overview of the purpose and goals for the meeting. Miller explained the City Council is currently considering revising the sign regulations to improve the visual appearance of the City's signage. The purpose of the meeting is to present the regulation changes that are being proposed and obtain input from the group on these changes. During the discussion, several concerns were raised by the group including general concerns regarding sign regulation and specific concerns related to the proposed ordinance. The following concerns were raised: • Limitation of the free standing signage allowable on a comer lot to only one sign is too restrictive and may not be appropriate for most sites. • The effect that the ordinance/regulation will have on the readability of signage. The size of the sign should be dependant on the distance the sign is from the street. • The proposed ordinance uses lot frontage on the street to determine sign location - A question was raised about what signage would be allowed on lots without frontage on streets. • A question was raised about the status of existing signs that do not comply with the new sign regulations. Would they need to comply with the new sign regulations when they are repaired or replaced? • The landscape ordinance requirements need to be consistent with the sign ordinance requirements. There was some concern that the landscape requirements would require trees and shrubs that would block the visibility of business signage - particularly monument signage. • The measurement of the building fagade on unusual buildings such as silos, buildings with angled facades, etc. would create a problem in the proposed ordinance. • How the building fagade would be measured if there were one or two users in a four unit building isn't clear in the proposed ordinance. • Wall signage only being allowed on one side with a public entrance isn't appropriate on all buildings, or in all situations. The side most visible should be permitted to have a sign. • It was pointed out that there have been no studies prepared by any entity that support signs are a safety hazard to motorists. Smaller signs may actually be more of a safety hazard than larger signs. • The proposed ordinance requirement of 8 feet measured from the street level means that most signs will only be 2 or 3 feet high and will be visually blocked by vehicles or landscaping. This regulation may result in visual monotony. • Why aren't electronically changing signs permitted? • Be careful not to increase the review process to have more steps, or committee approval requirements, that become a hardship/hindrance to commercial development/redevelopment. Recommendations from the discussion group: • Pole signs should not be permitted in the new ordinance/regulations. • More flexibility is needed for the height of free standing signage — don't simply make a maximum height requirement, which will lead to all signs being the same. • The aesthetics of the sign is the most important factor — focus on these issues in the regulation not size and dimensions. • Wall signage should be allowed on more than one side for buildings on corner lots or where the rear of the building was visible from a street. • Don't forget the economic reality of commercial locations in the 34 and 47 commercial corridors — signage is vital to the success of the retail/business community. • Do not rely on variances because it reduces consistency about what is allowed and what is not allowed. • Don't restrict signage type/size based on the business size. Small businesses need the promotion provided by signage, particularly the small ( 1 ,000-2000 sq. ft). businesses more so than the `big box' retailers. • Changeable copy message boards are important to businesses. Technological advances in electronically changeable signs have been made in recent years and should be considered as permitted signage. • Create a different set of sign regulations, or an `overlay district' for the downtown area. Example, the Kendall Pub sign would not be permitted under the current code, yet very attractive and appropriate in this district. • The new ordinance needs to be used consistently for all development including PUD, development and annexation agreements. The new ordinance/regulation should clearly state this to avoid PUD's from `bypassing the system' . • Incentives for replacing old signs should be considered and could include tax abatements and permit fee reductions. • Retrofitting existing pole signs with pylons/masonry faces over the poles of existing signs should be encouraged in situations where total replacement isn't possible or feasible. A program to encourage, or provide financial assistance to these businesses should be considered. • Setbacks for signs should be in new sign ordinance. Aurora currently has setback requirements which could be modeled. • Performance standards should be evaluated and developed so that here are a clear set criteria for new signs to meet as well as a streamlined review process for approval. Next Steps: Staff will report the concerns and recommendations to the Economic Development Committee and continue to refine the draft sign ordinance with the input. Once comfortable with a recommendation, the EDC will forward an ordinance to City Council for consideration. This will likely occur April-May 2008 timeframe. 8-11 -1 : CONFORMANCE WITH CHAPTER: All signage from this day forward shall conform with this chapter in all respects. All heretofore existing sign regulation ordinances enacted by the united city of the village of Yorkville are hereby revoked to the extent that prior ordinances effecting permit fees shall remain in full force and effect. (Ord . 1998-36, 12-17- 1998) 8-11 -2: DEFINITIONS : BANNER: Any sign of lightweight fabric or similar material that is displayed on a pole or a building. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners. CORNER LOT: A lot with property lines of two (2) streets bisecting on an angle. FACADE: The face or wall of a building as it is presented to view; the apparent width and/or height of a building as viewed from streets, driveways, and parking lots. Minor changes in wall elevations do not constitute the creation of additional facades. FLAG: A fabric or bunting containing distinctive colors, patterns, or symbols used as a symbol of a government, political subdivision, or other entity. MESSAGE BOARD: A panel which uses changing and/or flashing lights to electronically communicate copy. A panel with lights flashing time and temperature only is not a message board. PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string. SIGN: Any structure, vehicle, device, or any part thereof, intended to be seen by persons in the public right of way which: A. Shall be used to identify, advertise, or attract attention to any: Activity Business Commodity Enterprise Firm Group Industry Institution Object Organization Person Place Product Profession B. Shall display or is intended to display or include any: Banner Device Flag Insignia Letter Model Number Pennant Representation Word used as announcement, direction, or advertisement, and which is intended to be seen by persons in the public right of way. The definition of "sign" shall not, however, be interpreted as prohibiting any structure, vehicle, device, or any part thereof used for the purpose of disseminating political, economic, social, or philosophical ideas entitled to constitutional protection as noncommercial speech . In any instance where this chapter would prohibit any such activity, the conditions of this chapter shall be interpreted as permitting the utilization of a sign to express such noncommercial speech subject to such other limitations as are included in this chapter. C. Sign types are defined as follows: Animated Sign: Any sign that uses movement or change of lighting to depict action or create a special effect or scene. Business Sign: A sign which directs attention to a business, commodity, service, activity, idea, slogan, or entertainment conducted, sold, offered, or available upon the premises where such sign is located or to which it is affixed. Canopy: Any sign that is part of, or attached to, an awning, canopy, or the fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. Commercial Sign Or Sign Of Commercial Nature: Any sign, the content of which advertises or publicizes any business, commodity, service, activity, idea, slogan, or entertainment conducted, sold, offered , or available by a person, corporation, or entity which has as its goal or effect the distribution of profits to the owners of the advertising enterprise. Freestanding Sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. Ground Sign: A permanent sign which is supported by uprights or braces securely anchored in the ground, with no more than two feet (2') of clear space between the bottom of the face of the sign and the grade beneath the sign face. Identification Sign: A sign used to display and identify the name of the individual, business, profession, organization, or institution occupying the premises upon which sign is located. Inflatable Sign: A sign inflated with air or helium, such as a balloon . Marquee Sign: A sign attached to any permanent roof like structure of rigid materials supported by and extending from the facade of a building. Permanent Sign : Any sign which is not a temporary sign, and which is designed to be in compliance with the currently adopted BOCA basic building code. Pole Sign: Any business sign having a supporting structure with a size less than twenty five percent (25%) of the two feet (2') of clear space between the bottom of the face of the sign and the grade beneath the sign face. Portable Sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by trailer or means of wheels, menu and sandwich board signs, or balloons used as signs. Projecting Sign: Any sign affixed to a building or wall in such a manner that its leading edge extends more than twelve inches ( 12") beyond the surface of such building or wall. Real Estate Sign : A temporary business sign placed upon a property advertising that particular property for sale, rent, or lease. Residential Development Sign: A permanent ground sign placed at the major entrances to and identifying a residential development. Roof Sign: Any sign erected or constructed wholly on and over the roof of a building and supported by the roof structure. Temporary Sign: A sign intended to be displayed a limited length of time, as per section and is not permanently mounted. Vehicle Sign: Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. Wall Sign : Any sign attached parallel to, but within twelve inches (1200) of, a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and with only sign surface. Window Sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. STREET FRONTAGE: The distance for which a lot line of a zoned lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street. (Ord. 1998-36, 12-17-1998) 8-11 -3 : PROHIBITED SIGNS : A. Billboards, i .e. , those structures over one hundred fifty ( 150) square feet used for attracting public attention for the purpose of advertising a location/product that may/may not be located within or available within the jurisdiction. B. Advertising signs (Note: This prohibition relates to residential and commercial zoning districts and commercial signs only). C. Moving, rotating, or animated signs, except traditional barber poles not exceeding two feet (2') in height and projecting not more than twelve inches ( 12") from the building, utilized only to identify a haircutting establishment. In authorizing the latter exemption, the corporate authorities find it in the public interest to retain this historic symbol of American commerce. D. Searchlights, except searchlights permitted for grand openings or special business events with temporary permits. E. Flashing signs and message boards (except time and/or temperature signs). F. Freestanding panels or flags used to advertise products, prices, and services, or to attract attention. G. Illumination which is not steady and constant. H. Windows painted in excess of fifty percent (50%). I . Roof signs. J. Vehicle signs. K. Pennants. (Ord . 1998-36, 12-17-1998) 8-114: PERMITTED SIGNS: A. All Districts: Unless otherwise stated, signs listed in this subsection are permitted in all zones and shall not require a sign permit. Such signs shall not be counted when calculating the number of signs or signage square footage on a premises. However, such signs shall conform with the general regulations, e.g., height, area, setback, clearance, etc. , for signs enumerated in the remainder of this chapter. 1 . Name and address plates which give only the name and address of the resident of the building. 2 . Memorial signs or tablets and signs denoting the date of erection of buildings. 3. No trespassing signs or other such signs regulating the use of a property. 4. Real estate signs. 5. Signs regulating on premises traffic and parking, and signs denoting section of a building such as lavatory facilities and public telephone areas. Signs must conform to the state uniform sign code. 6. Signs erected by a governmental body or under the direction of such a body, and bearing no commercial advertising, such as traffic signs, railroad crossing signs, safety signs, and signs identifying public schools and playgrounds . Signs must conform to the state uniform sign code. 7. Signs identifying places of worship when located on the premises thereof. 8. Bulletin boards for public, charitable, or religious institutions if used exclusively for noncommercial announcements. 9. The flag, pennant, or insignia of any government, or of any religious, charitable, or fraternal organization . 10. One logo flag of a company shall be allowed provided that it is flown with the American flag and shall not be larger than that flag. 11 . Temporary signs advertising the sale of edible farm products on the premises, advertising auctions, political candidates, or special events of businesses or charitable/public service groups. Such signage must be removed by close of business of the day the temporary sign permit expires. 12. Garage sale signs may be placed at the curbs in residential districts. Only one sign per street frontage per event is permitted. Such signage may only be placed on the property upon which the sale is conducted only for the duration of the sale. 13. Window signs of paper or similar material shall be allowed in business districts, provided that such signs are to be used to notify the public of special sales or current prices, business hours and/or health regulations. 14. Signs advertising company or group engaged in on site construction or rehabilitation may remain for the duration of such work. 15. Temporary signs advertising city sanctioned special events as approved by the code official . Such signage must be removed by close of business of the day the temporary sign permit expires. B. Residential Districts: 1 . Nameplates and identification signs, subject to the following: a. For one- and two-family dwellings, there shall be not more than one nameplate for each dwelling unit, indicating the name and address of occupant or a permitted occupation, except that on a corner lot two (2) such nameplates for each dwelling unit, one facing each side of the street, shall be permitted . b. For multiple-family dwellings, for apartment hotels, and for buildings other than dwellings, a single identification sign indicating only the name and address of the building and the name of the management thereof may be displayed provided that on a corner lot two (2) such signs, one facing each street, shall be permitted. c. Identification signs for nonresidential uses, e.g. , public and quasi-public buildings, churches, cemeteries, golf courses, private nonprofit recreational areas, provided that such signs are limited to one sign per building. Permanent sign permit is required. d. Permanent residential development signs at entrances to a residential development or residential planned unit development and containing no commercial advertising, constructed of material which is the same or of a more permanent nature than the material used in the buildings. A permanent sign permit is required for each sign. (Ord. 1998-36, 12-17- 1998) e. Temporary residential marketing signs at major entrances to planned unit developments or residential subdivisions. Temporary sign permits and approvals by the zoning board of appeals are required . Such signage must be removed by close of business of the day the temporary sign permit expires. In determining the number, location, and duration of such signs, the code official shall consider the following factors: (Ord. 1998-36, 12-17- 1998; amd. Ord. 2001 -42, 8-9-2001 ) ( 1 ) Location of the development; (2) Size of the development; (3) Visibility the sign will achieve at the particular entrances at which signage is sought; (4) Proximity of existing and proposed residences; (5) Size of the proposed signage, both with regard to individual signs and with total signage requested . 2. Temporary residential off site marketing signs shall be allowed at not more than four (4) off site locations within the city of Yorkville to call attention and give directions to the development. Each sign may be located in any zoning district, provided that there is one-quarter ( 1/4) mile separation from each other, and that no such sign shall be closer to an existing residence than one hundred feet ( 100'). A temporary sign permit is required for each sign and such signage must be removed by close of business of the day the temporary sign permit expires. C. Business Districts: 1 . All signs permitted in residential districts. 2. Ground or pole signs; one per street frontage, not to exceed one hundred ( 100) square feet in area, with a height (measured from average ground level) not to exceed six feet (6') for a ground sign or twenty feet (20') for a pole sign. A permanent sign permit is required for each sign . 3. Wall signs; a permanent sign permit is required for each sign. a. Single use buildings; two (2) signs per facade, but not to exceed a total of four (4) such signs. b. Multitenant buildings; one sign per individual business or enterprise, two (2) signs per corner unit, one on each facade. A wall sign may be placed on any face of a building oriented to a public street, the main parking lot of the parcel, or a major access road. D. Manufacturing Districts: 1 . All signs permitted in residential districts and business districts. 2. Ground or pole signs; one per street frontage, not to exceed one hundred ( 100) square feet in area, with a height (measured from average ground level) not to exceed six feet (6) for a ground sign or twenty feet (20') for a pole sign. A permanent sign permit is required for each sign . 3. Wall signs; wall signs are limited to an area equal to ten percent ( 10%) of the facade area upon which the sign is to be mounted. A permanent sign permit is required for each sign. 4. Real estate signs as follows: a. One sign per street frontage. b. Sign area cannot exceed twenty (20) square feet per face for each one acre of contiguous land area, not to exceed a maximum of four hundred (400) square feet of area per sign face and ten feet ( 10') in height. A temporary sign permit is required for each sign. Such signage must be removed by close of business of the day the temporary sign permit expires. (Ord. 1998-36, 12-17-1998) 8-11 -5: NONCONFORMING SIGNS: A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to this chapter and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction . B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be reestablished, and the sign hereafter shall be in conformity with the regulations of this chapter. C. Normal maintenance of a nonconforming sign is permitted, including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement, or extension shall be made in a nonconforming sign, except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty percent (50%) or more of its replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this chapter. In the event the damage or destruction is less than fifty percent (50%) of its replacement value based upon prevailing costs, the sign may then be restored to its original conditions and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this chapter. In either event, restoration or repair must be started within a period of thirty (30) days from the date of damage or destruction, and completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the date of passage hereof. New temporary signs shall be allowed only in conformance with the provisions contained in this chapter. Such signage must be removed by close of business of the day the temporary sign permit expires. G. The code official shall, after passage of this chapter, notify each owner of a nonconforming sign, and the manner in which such sign is not in compliance with this chapter. The code official shall further notify each owner of a nonconforming sign that such sign must either be brought into compliance with this chapter or be removed. (Ord. 1998-36, 12-17-1998) 8-11 -6: ILLUMINATION OF SIGNS: The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct rays reflecting into the public way or any lot on the perimeter of the premises on which the signs are located . Exposed light bulbs, neon tubing, flashing, blinking, traveling, and similar illumination, including illuminated canopies, are not permitted . (Ord. 1998-36, 12-17-1998) 8-114 : COMPUTATIONS OF SIGNAGE : A. Computation Of Area Of Individual Signs: The area of the sign face, which is also the sign area of a wall sign or other sign with only one face, shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed . It does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Computation Of Heights: The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: 1 ) existing grade prior to construction or 2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or grade of the land at the principal entrance to the principal structure on the zoned lot, whichever is lower. C. Computation Of Maximum Total Permitted Sign Area For A Zoned Lot: The permitted sum of the area of all individual signs on a zoned lot shall be the total square foot area of all signs erected or maintained upon a building or lot of record not exceeding two (2) square feet for each linear foot of frontage of building thereon. Buildings having frontage on more than one dedicated street will be allowed signage for frontage on each street in accordance with the above formula. The above signs are limited to an area equal to ten percent (10%) of the facade upon which the sign is to be mounted. D. Maximum Size; Table I : Signs shall not exceed the sizes shown in table I of this section: TABLE Type Of Sign Maximum Size Advertising signs and poster panels Bulletin boards for public, charitable, or 32 square feet religious institutions Garage sale 6 square feet Ground or pole signs 100 square feet or 6 feet in height (ground sign - business district) 100 square feet or 20 feet in height (pole sign - business district) (ground/pole sign - manufacturing district) Memorial signs or tablets and signs 5 square feet denoting the date of erection of buildings Name and address plates One- and two-family dwellings 1 1 /2 square feet Multiple-family dwellings 9 square feet Nonresidential uses (height applicable to 32 square feet and 6 feet in ground sign) height No trespassing signs 6 square feet 2 square feet (residential (commercial, office and industrial districts) districts) Real estate signs Residential real estate (individual) 6 square feet Residential marketing (development) 64 square feet or 10 feet in height Temporary residential off site marketing 32 square feet and total of 10 feet in height Manufacturing and business marketing 64 square feet and 10 feet in height Signs advertising company or group 6 square feet engaged in on site con- struction or rehabilitation Signs regulating on premises traffic and 6 square feet parking or sections of buildings Temporary signs/temporary portable signs 32 square feet Wall signs 10 percent of facade area (manufacturing district) Window signs for business hours/ health 4 square feet regulations Window signs of paper for special 50 percent of total window sales/current prices area (Ord . 1998-36, 12-17-1998) 8-11 -8: PLACEMENT OF SIGNS : A. On Lots: Signs shall be placed no closer than five feet (5') to any lot line. Gasoline prices, one per street frontage, not to exceed twenty four (24) square feet, may be placed within one foot ( 1 ') of the lot line where it does not obstruct the view of traffic nor exceed fifteen feet (15') in height when mounted on light standards. B. On Corner Lots: Within that part of a yard or open area of a corner lot included within a triangular area of twenty five feet (26) from the point of intersection of two (2) street right of way lines forming such a corner lot, no sign shall be constructed having a height of more than thirty inches (30") or as required to provide necessary sight distance. (Ord. 1998-36, 12-17-1998) 8-11 -9 : PERMITTING PROCEDURES : A.Permits For Permanent Signs: Permits to build new permanent signs or to alter or move existing permanent signs: (Ord. 1998-36, 12-17-1998) 1 . No permanent sign shall hereafter be erected, altered, or moved until the person proposing to erect, alter, or move such sign shall have obtained a permit from the code official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this chapter, or upon appeal of the code official's determination, has received approval from the zoning board of appeals. The fee for granting such a permit shall be established by the city council. The schedule of fees shall be posted in the city offices and may be amended only by the city council. (Ord. 1998-36, 12-17-1998; amd. Ord. 2001 -42, 8-9-2001 ) 2. Any person desiring a permit for a permanent sign shall file a permit application which shall contain or have attached thereto the following information: a . Name, address, and telephone number of the applicant. b. Name(s) of the person, firm, corporation, or association erecting, altering, or moving said sign. c. A plat of survey, or a plan acceptable to the code official, that shows the location of the building, structure, or lot to which the sign is to be attached or erected, and showing the position of the sign in relation to nearby buildings and thoroughfares. d . A plan drawn to scale showing the design of the sign, materials used, and the method of construction and means of attachment to the building or ground. e. Written consent of the owner of the land on which the sign is to be erected, altered, or relocated . f. Any other information necessary for the code official to determine full compliance with this and all other applicable city ordinances. B.Permits For Temporary Signs: 1 . All temporary signs, except those enumerated in subsection 8-11 -4A of this chapter, shall have a permit. Possession of a valid permit for a temporary sign shall entitle the owner to display such sign for the time period specified thereon. Permits for temporary signs must be kept on the premises where signs are displayed. 2. Permit applications for a temporary sign shall be made on the permit application form provided by the code official . The fees for granting such permits shall be established by the city council. The schedule of fees shall be posted in the city administrative offices and may be amended only by the city council. (Ord . 1998-36, 12-17-1998) 3. Duration of temporary signs shall not exceed the time shown in table II of this section. Any temporary sign must be removed by close of business of the day the temporary sign permit expires. TABLE II Type Of Temporary Maximum Duration Sign Advertising a special 14 days, 3 times per year sale Banners 14 days, 6 times per year Commercial or industrial real estate signs 6 months, renewable on a 6 month basis Inflatable balloons 14 days (for grand openings only) Residential marketing 5 days after premises or lot advertised has been signs sold, rented, or leased Searchlights 72 hours (for grand openings only) Special business 14 days, 3 times per year events (Ord . 2005-12, 2-22-2005) 8-11 -10 : SIGN REVIEW; ZONING BOARD OF APPEALS : A. Authority: The zoning board of appeals shall have jurisdiction and authority to enforce and make all decisions under the sign ordinance that were previously under the jurisdiction and control of the sign review board . B. Duties: 1 . Review and make a determination on any appeals to any order, requirement, decision or determination made by the code official in enforcement of this chapter. 2. Review all applications for variances to this chapter, conduct any necessary public hearings, and recommend action to the city council. 3. Administer oaths to persons testifying at such public hearings deemed necessary. (Ord . 2001 -42, 8-9-2001 ) 8-11 -11 : VARIATIONS : A. Right To Appeal For Variation: Any person found in violation of this chapter by any decision of the code official may take an appeal from the decisions or apply for a variation from the requirements of this chapter to the zoning board of appeals. Applications for variations may also be made in the absence of a finding of violation. B. Time For Filing Appeal Or Application: The appellant or applicant must file with the code official no later than thirty (30) days after receiving notice of such violation, a notice of appeal or application for variation, directed to the zoning board of appeals, specifying the grounds thereof and relief sought. C. Right To Public Hearing: The zoning board of appeals shall grant to each appellant or applicant a public hearing. 1 . Date Of Hearing : The zoning board of appeals shall, within thirty (30) days after the date of filing of the appeal or application, set a date for the hearing, and have published a notice of said public hearing. 2. Notice Of Hearing: The zoning board of appeals shall give not less than fifteen (15) nor more than thirty (30) days' notice of the hearing. Such notice shall contain the address of the property in question, the owner of the property and the nature of the application or appeal. A copy of the notice shall be mailed to the appellant or applicant, and also the complainant if the hearing arises from the complaint of a person other than the code official. D. Continuances: The zoning board of appeals may, in its discretion, grant continuances, and shall notify the appellant or applicant and any complainant with respect to the appeal or application, or any continuance. E. Zoning Board Of Appeals Decision: After hearing an appeal, the zoning board of appeals shall affirm, modify, or reverse the decision of the code official or order him/her to act; after hearing an application for variation, the zoning board of appeals shall grant or deny the relief applied for or shall grant such other relief as it deems proper. The decision will be referred to the city council for final approval . F. Impose Restrictions, Conditions: The zoning board of appeals shall require from the applicants such sketches, drawings, or photographs as shall be necessary to indicate the present condition of the property or sign and the condition of the property or sign after the variation is granted . The zoning board of appeals may impose reasonable restrictions or conditions which the applicant shall be required to observe if the variance is granted. In considering the application for variance, the zoning board of appeals shall consider any unique physical property of the land involved , the available locations for adequate signing on the property, the effect of the proposed sign on pedestrian and motor traffic, the cost to the applicant of complying with this chapter as opposed to the detriment, if any, to the public from the granting of the variance and general intent of this chapter. (Ord . 1998-36, 12-17-1998; amd. Ord . 2001 -42, 8-9-2001 ) 8-11 -12 : MAINTENANCE : A. The owner of a sign and the owner of the premises on which said sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards: 1 . Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the building and electrical codes as adopted by the city of Yorkville. (Ord. 1998-36, 12-17-1998) 8-11 -13: ABANDONED SIGNS: A. Except as otherwise provided in this chapter, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be removed. B. Permanent signs applicable to a business suspended because of change in ownership or management of such business shall be deemed abandoned if the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. (Ord. 1998-36, 12-17-1998) 8-11 -14: REMOVAL OF SIGNS: Any sign found to be improperly maintained, abandoned, or otherwise in violation of this chapter which is not removed or repaired within thirty (30) days of written notice of the code official may be removed or repaired at the order of the code official . Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. (Ord . 1998-36, 12-17-1998) Ordinance No. AN ORDINANCE AMENDING YORKVILLE CITY CODE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS WHEREAS, the City Code of the United City of Yorkville (the "City'), Kendall County, Illinois, established specific criteria for all signage within its municipal boundaries; and, WHEREAS, it was determined that the provisions of the City Code regulating signage should be reviewed and updated; and, WHEREAS, after considerable review of all ordinances relating to signage and preparation of proposed revisions by the Yorkville Community Development Department and presentation thereof to the Economic Development Committee of the City Council, a new chapter regulating signage within the United City of Yorkville is recommended. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Yorkville City Code be amended as follows: Section L Title 8, Chapter 11 is hereby deleted and a new Chapter 11 in the form attached hereto as Exhibit A is to be inserted in its stead. Section 2: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _ day of A.D. 2008. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor Attest: City Clerk 2 CHAPTER 11 SECTION: 8-11 -1 Principles 8-11-2 General Purpose 8-11-3 Scope 8-11 -4 Definitions 8-11 -5 Signs Exempt from this Chapter 8-11 -6 General Provisions 8- 11 -7 Prohibited Signs 8- 11 -8 Permitted Signs — Residential Zoning Districts 8- 11 -9 Permitted Signs — Business Zoning Districts 8- 11 -10 Permitted Signs — Manufacturing Zoning Districts 8-11 -11 Nonconforming Signs 8-11- 12 Permitting Procedures 8- 11 -1 PRINCIPLES The provisions of this Article recognize that: A. There is a significant relationship between the manner inlwhich signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8-11-2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable, orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article: 1 . Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3 . Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11- 3 SCOPE. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8-11 -4 DEFINITIONS A. Animated, flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville Building Code. B. Banner. Any sign of lightweight fabric or similar material that is displayed on a pole or building. National, state or municipal flags, official flags of any institution or business shall not be considered banners. 2 C. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. D. Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. E. Cold air Inflatable Device. An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. F. Construction Sign. A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. G. Freestanding Sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure H. Grand Opening Temporary Sign. A temporary sign used for the purpose o f advertising a grand opening of a new business. A grand opening temporary sign may be displayed only within 180 days of issuance of an occupancy certificate. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going-out-of-business sales do not apply. I. Ground Mounted/monument Sign. A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. I Identification Sign. A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. 3 K. Menu Board Sign. A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. L. Message Board Sign. A sign designed so that characters, letters or illustrations can be changed manually or electronically without altering the face or surface of the sign. Electronic message boards must have a minimum duration time of twenty-four hours and no transition effects. M. Pole Sign. A freestanding sign supported by column or columns whose total width is less than 50 % of the sign face depth. N. Portable Sign. A sign attached to or mounted upon a frame intended to be moved from place to place. O. Projecting Sign. A sign which in whole or in part is dependant upon the building for support and project more than twelve (12) inches from such building, except for awning, canopy and marquee signs. P. Real Estate Sign. A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. Q. Roof Sign. A sign that is wholly dependant upon a building for support or mounted on the roof, which project more than six (6) inches above the highest point of a building or roof to which they are attached. R. Snipe Signs. A temporary or permanent non-governmental signs in a public right-of-way which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole, tree or the ground. S. Temporary Signs. Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material without a frame. A temporary sign shall be a wall, awning, marquee or canopy sign. T. Vehicle Sign. Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. U. Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve 02) inches from such building or structure. 4 V. Window Sign. A sign which is applied or attached to or located within three (3) feet of the interior of a window, which sign may be seen through the window from the exterior of the structure. 8-11 -5 SIGNS EXEMPTED FROM THIS CHAPTER. Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations by the Zoning Ordinance: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag.. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and five (5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty- two (32) square feet in area, five (5) feet high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority under any law, statute or ordinance. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non-combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four (4) square feet or less in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (5) feet from any lot line and shall be five (5) feet or less in height and shall not be illuminated. 5 I Menu boards accessory to a restaurant drive-up window facility, provided such sign s are thirty-six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one (1 ) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing," `Beware of Dog" and other similar warning signs four (4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) o f the building less than three (3) square feet on single and two family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area.. N. Building interior signage O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than 60% of the window area excluding glass doors. R. Permanent, non-flashing signs on vending machines, gas pumps, ice and propane storage units- 8-11 -5 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting 6 framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height. The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements. Except as otherwise provided, signs shall be located at least five (5) feet from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way. No sign having a height more than thirty (30) inches shall be located within that part of the yard or open area of a corner lot included within a triangular area of twenty- five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a corner lot D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11 :00 p.m. and 5:00 a.m. unless the use to which the sign pertains is open. E. Sign Maintenance The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1 . Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if 7 the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. G. Removal of Signs Any sign found to be improperly maintained, abandoned or otherwise in violation of this ordinance which is not removed or repaired within thirty (30) days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8-11 -7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. E. Vehicle signs F. Signs which constitute a hazard to public health or safety. G. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. H. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. I. Signs which make use of words such as "Stop," "Look," "One-way," "Danger," "Yield" or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. J. Billboards K. Portable signs L. Searchlights, except searchlights for grand openings and special civic events. M. Snipe signs N. Signs displaying obscene or indecent matter. O. Moving, rotating or animated signs except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) 8 inches from the building utilized only to identify a hair cutting establishment 8- 11 -8 PERMITTED SIGNS — AGRICULTURAL FLOOD ZONE & RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free standing identification or business sign. All non-residential uses in the agricultural, flood zone and residential zoning districts may have one free standing business or identification. Non-residential uses in the agricultural, flood zone and residential zoning districts on a corner lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two (32) square feet or less in area, five (5) feet or less in height and setback at least ten (10) feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting column if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted identification or business sign. All non-residential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of- way. No more than 50% of the building mounted sign area may be composed of a message board sign. Building mounted signage can not extend more than 75% of the building fagade of the building to which it is attached, 3. Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height and constructed out of premium building materials such as brick or stone. For the purposes 9 of this provision this sign may be installed in two components, one on each side of the street. B. TEMPORARY SIGNS 1 . Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area or five (5) feet in height.. 2. Residential Marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve (12) feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four (4) off-site locations, and shall be no greater than one hundred (100) square feet in area and twelve (12) feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter (1/4) mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred (100) feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One (1) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 8-11 -9 PERMITTED SIGNS — BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free Standing Business Sign On lots less than three acres with one (1) street frontage one (1) free standing business sign thirty-two square feet or less feet in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1) free standing business sign thirty- two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. 10 On lots three acres or larger with one (1 ) street frontage , one (1) free standing business sign sixty square feet or less in area and eight feet or less in height shall be allowed. If the lot has more than one street frontage, one (1 ) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting column if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall not exceed two (2) square feet for each one (1) lineal foot of the facade of the building with a public entrance. No wall sign shall extend more than 75% of the width of the building facade to which it is attached. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall not exceed two (2) square feet in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner- 11 occupant is in possession and to which the sign is attached. No wall sign shall extend more than 75% of the width of that part of the building fagade in which it is located. C. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY 1 . Searchlights. Searchlights for a grand opening only for a period of time not to exceed seventy-two (72) hours. 2. Cold air inflatable devices. One cold air inflatable device for a grand opening only for a period of time not to exceed seventy-two (72) hours. 3. Grand opening sign. One (1) grand opening sign not to exceed thirty- two square feet in area and eight (8) feet in height. 3. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area and five (5) feet in height. 4. Construction signs. One construction sign per lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 8-11-10 PERMITTED SIGNS — MANUFACTURING ZONING DISTRICTS A. PERMANENT 1 . Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one (1) street frontage, one free standing business sign shall be allowed. Said sign shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height. If the lot has more than one street frontage, one (1 ) free standing business sign thirty- two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one (1) street frontage, one (1) free standing business sign shall be allowed Said sign shall be a maximum of sixty (60) square feet or less in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street 12 frontage, one (1) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of The sign panel containing the type and the type must match the color and type used on any wall mounted signage. No more than 50% of the free standing sign area may be composed of a message board sign. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall be two (2) square feet or less in area for each one 0) lineal foot of the facade of that portion of the building of which the tenant or owner- occupant is in possession and to which the sign is attached. All business and identification signs shall be wall, awning, canopy or marquee signs. 13 c. No more than 50% of the building mounted sign area may be composed of a message board sign. B. TEMPORARY 1 . Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five (5) feet in height. 2. Construction signs. One construction sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 3. Banners/Special Business Event sign. One Special Business Event sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 8-11-11 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted , including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage 14 or destruction is less than fifty (50) percent of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the provisions of this ordinance. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 8-11 -12 PERMITTING PROCEEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or tempor y sign shall file a permit application which shall contain or have attached the following information: 1 . A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by 15 other applicable laws and ordinances of the City may be required. 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, ac- curately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. C. Temporary Sign Permit Frequency and Duration Type of Sign Maximum Duration Maximum frequency Banners 14 days three times per year Special sale/business event 14 days three times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 30 days once per business Cold Air Inflatable Device 72 hours once per business Searchlights 72 hours once per business Construction during active building permit issuance SECTION 8-11 -13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1 . If the sign was erected legally with a sign permit. 16 2. If there are any unique physical characteristics of the property 3. If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 17 CI).J- Reviewed By: Agenda Item Number J P O s � T Legal El ��_i i ti l i( Finance ❑ EST. , 1836 Engineer ❑ Tracking Number O y City Administrator ❑ g1 oa W �O Consultant ❑ ADM 2008-56 Parks and Recreation F-1 Agenda Item Summary Memo Title: Amended and Restated Governing Ordinance Meeting and Date: City Council—June 24, 2008 Synopsis: The current Governing Ordinance does not contemplate a vacancy and how committee assignments are re-filled. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Kathleen Field Orr City Attorney Name Department Agenda Item Notes: Ordinance No. AN ORDINANCE AMENDING AND RESTATING THE GOVERNING ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006- 133, on June 26, 2007 as Ordinance 2007-49, July 10, 2007 as Ordinance 2007-50, July 24, 2007 as Ordinance 2007-53, on January 22, 2008 as Ordinance 2008-02, and on April 222 2008 as Ordinance 2008-27, and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and, WHEREAS, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and, WHEREAS, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and, WHEREAS, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and 1 WHEREAS, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and, WHEREAS, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and, WHEREAS, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the following shall constitute the Governing Ordinance for the United City of Yorkville: Governing Ordinance, United City of Yorkville Addressing: Ethical Standards — Elected Officials' Duties and Responsibilities, Meeting Standards and Committee Structure I. Ethical Standards — Elected Officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. 2 D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall refrain from taking any official action that would censure any other elected official, unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, act and dress in a manner appropriate for the function. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. 3 C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCS 5/3. 1 -35- 10) B. Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. III, Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2nd and 4d' Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1 ) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, 4 and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any committee meeting agenda for discussion. Shall have the right to place an item on any Council meeting agenda with the consent of three (3) aldermen. Shall have the right to vote to suspend the rules of order (regarding the order of discussion) to provide for an open discussion. B. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. C. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (l0a' Edition) page 189, Section 16) D. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR (10th Edition) page 247, Section 24) 5 E. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause, but may not do so for the same cause a second time. (65 ILCS 3 . 1 -40-15) F. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. G. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. H. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. I. Shall limit their remarks to the question under debate. To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (10`n Edition) page 41 , line 31 ) J. May, before voting, participate in a special meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. K. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tem Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. 6 E. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. F. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor' s attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. G. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3 . 1 -40-30) IV, The Standing Committees of the City Council: 1. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. II. The Public Works, Public Safety, Administration, and Economic Development Committees shall include four members (one from each ward) of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. 111. Shall be presided over by its chairman, who will conduct the business of the meeting. In the absence of the chairman, the vice-chairman shall conduct the business of the meeting. Chairman and vice-chairman shall serve two year appointments. Chairs, vice-chairs, and committee rosters shall be filled through the following process: A. For the Public Works, Public Safety, Administration, and Economic Development committees: after each election, the four committee chairmanships shall be vacated. The four vice-chairmen shall each select a committee to chair, with the most senior alderman having the first selection and progressing to the next most senior alderman, and so on. After the chairmanships have been selected, the four non-chaired aldermen shall each select a committee to vice-chair, with the most senior alderman having the first selection, and progressing to the next most senior 7 alderman, and so on. In the same order in which chairmanships and vice- chairmanships are selected, the committee rosters shall be filled (committee chairs pick second committee first, vice chairman pick second committee after the chairman pick their committee). i. Should an incumbent alderman be defeated in an election, the incoming alderman shall be placed in the group of four "non- chaired" alderman that will select a vice-chair role in a committee. Subsequently, the most senior alderman of the "non-chaired" group shall be allowed to retain a committee chair for a consecutive year, but will select last in the group of aldermen who are selecting the committee chairs for the upcoming term. In the event there is more than one incumbent alderman allowed to serve consecutive committee chairs, those aldermen shall select committee chairs in order according to seniority, but after the group of alderman who have not served-consecutive committee chairs have selected. ii. Should there be a vacancy in the office of an alderperson, the alderperson appointed to such vacancy shall take the committee position held by his or her predecessor; provided, however, if the position of said predecessor was that of committee chair, the vice chair of the committee shall assume the office of "acting chair " and the new alderperson shall become the vice-chair. The acting chair shall complete the term of the chair which was vacated and retain eligibility for a committee chairmanship for the next succeeding term. IV. Shall control the movement of items from committee agendas to City Council agendas. Items may not move out of committee but for a vote of approval by a majority of the quorum present. V. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development: Chamber of Commerce, Kendall County Econ. Dev., Plan Commission, Bristol Plan Comm. Yorkville Econ. Dev. Corp., Aurora Area Conv. & Tourism Council, Downtown Re-development Public Safety: Human Resource Comm., School District, KenCom Administration: Metra, Library, Cable Consortium 8 This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of 2008. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. Mayor Attest: City Clerk 9 ®<�0 cl; Y United City of Yorkville 800 Game Farm Road EST �\ 1836 Yorkville, Illinois 60560 ®� � o Telephone: 630-553 -4350 Fax: 630-553-7575 <LE ®!'IV AGENDA CITY COUNCIL MEETING CITY COUNCIL, CHAMBERS 7:00 p.m. Date Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Wally Werderich Gary Golinski Marty Munns Joe Besco Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Economic Development Committee: Administration Committee Meeting: Public Safety Committee Meeting: Presentations: City Council Meeting Agenda Date Page 2 Public Hearings: Citizen Comments: Consent Agenda: Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ (vendors) $ (payroll period ending ) $ (total) Reports: Mayor's Report: City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: City Council Meeting Agenda Date Page 3 Committee Reports: Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Sanitation and Waste Committee: Alderwoman Sutcliff goCO MIC DEVELOPMENT `____°—________-_—_--____—=_—=------------------------- ----------------- Committee Departments Liaisons Chairman: Alderman Golinski Planning & Building & Zoning Chamber of Commerce Vice-Chairman: 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 City Council Meeting Agenda Date Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) --------------- -------, ADMINISTRATION; Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski �z SID cl; � United City of YorkviPe : Q Mayor Pro Tem Policy — Approved 2/22/(35 —ti O � N MAYOR PRO TEM (A) There is created the office of Mayor Pro Tem for the City. CB) In the event of a temporary absence, or a disability causing the Mayor of the City to be incapacitated from the performance of his duties, but which by law does not create a vacancy in the office of Mayor, the Council of Alderpersons shall elect one of its members to act as Mayor Pro Tem. The Mayor Pro Tem, during the absence or disability of the Mayor, shall perform the duties and possess all the rights and powers of the Mayor. (C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City Council meeting in May. The Council of Alderpersons shall vote to elect one of its members Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years. However, the Mayor Pro Tem shall not act as Mayor Pro Tem unless and until the Mayor is temporarily absent or is disabled to an extent so as to incapacitate him from the performance of his duties. (D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in his capacity as Alderperson on any ordinance, resolution, or motion. Statutory reference: Mayor pro tem, see ELCS Ch. 65, Act 5 § 3. 1-35-35