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City Council Packet 2008 08-26-08 ,tl] col United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 ti AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, August 26, 2008 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 Bob Allen 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., September 16, 2008 City Hall Conference Room Economic Development Committee: 7:00 p.m., September 2, 2008 City Hall Conference Room Administration Committee Meeting: 7:00 p.m., September 112008 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., September 18, 2008 City Hall Conference Room Presentations: 1. Wolf& Company Audit Presentation City Council Meeting Agenda August 26, 2008 Page 2 Public Hearings: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Citizen Comments: Consent Agenda: 1. CC 2008-60 Ordinance Approving an Agreement for Purchase and Sale of Real Estate (Betzwiser Property)—authorize Mayor and City Clerk to execute 2. EDC 2008-33 Cobblestone Commons a. Ordinance Approving the Development Agreement Between the United City of Yorkville and Main Street Commercial Partners. L.L.C. Property"Cobblestone" - authorize Mayor and City Clerk to execute b. Ordinance Approving the United City of Yorkville and Main Street Commercial Partners Development/Economic Incentive Agreement- authorize Mayor and City Clerk to execute 3. EDC 2008-37 City Council Goal Action Plan—Open Space Acquisition—approve action plan as presented 4. ADM 2008-75 Monthly Treasurer's Report for June 2008 5. ADM 2008-76 Bad Debt Update 6. ADM 2008-77 Resolution Approving a Revised Salary Schedule for the Position of Senior Accountant- authorize Mayor and City Clerk to execute 7. ADM 2008-67 Ordinance Amending the Governing Ordinance of the Mayor and City Council regarding Protocol for Cancelling a Special City Council Meeting- authorize Mayor and City Clerk to execute 8. PW 2008-101 Water Department Report for May 2008 9. PW 2008-102 Water Department Report for June 2008 10. PW 2008-103 Grande Reserve Shared-Use Path—Change Order#1 - authorize decrease in an amount not to exceed$12,700.95 and authorize Mayor to execute 11. PW 2008-104 Goodwill Store (481 E. Countryside Parkway)—Acceptance of Public Improvements and Letter of Credit Reduction#1 - accept public improvements for watermain, sanitary sewer and storm sewer for ownership and maintenance, as described in the bill of sale, and authorize a reduction in US Bank Letter of Credit No. SLCWMIL02396 in an amount not to exceed$499,778.00, subject to verification that the developer has no outstanding debt owed to city 12. PW 2008-105 2008 Crack Filling—Change Order#1 and Supplemental MFT Appropriation Resolution - authorize increase in an amount not to exceed$1084.25 and authorize Mayor to execute, and approve supplemental MFT appropriation resolution in an amount not to exceed$373.60 and authorize City Clerk to execute 13. PW 2008-106 McHugh Roadway Improvements—Change Order#1 - approve increase in an amount not to exceed$2,040.30 and authorize Mayor to execute 14. PW 2008-107 Raging Waves— Streetlighting LOC Reduction#1 - authorize reduction in an amount not to exceed$66,025.00, subject to verification that the developer has not outstanding debt owed to city City Council Meeting Agenda August 26, 2008 Page 3 Consent Agenda (con't): 15. PW 2008-108 Bristol Bay Phases 2 & 3 (Units 9-13)—Earthwork Bond Reduction#1 - authorize reduction in an amount not to exceed$429,73680, subject to verification that the developer has no outstanding debt owed to city 16. PW 2008-109 Mill Road Right-of-Way Plat of Dedication(Cross Evangelical Lutheran Church Frontage) - authorize Mayor and City Clerk to execute 17. PW 2008-110 Fox Road Improvements—LAPP Engineering Agreement & MFT Appropriation Resolution - approve as presented and authorize Mayor and City Clerk to execute 18. PW 2008-112 Ordinance Amending Code of Ordinances Prohibiting the Use of Groundwater - authorize Mayor and City Clerk to execute 19. PW 2008-114 City Council Goal Action Plan—Biodiesel, E85 and Hybrid Vehicles - approve action plan as presented 20. PS 2008-30 Police Reports for July 2008 21. PS 2008-32 Ordinance Amending City Code regarding Penalty References - authorize Mayor and City Clerk to execute 22. PS 2008-33 Ordinance Approving a Fine Schedule for the Pre-Payment of Certain Citations Pending Under Administrative Adjudication- authorize Mayor and City Clerk to execute 23. PS 2008-35 Request to Hire Part-Time Civilian Evidence Custodian - approve as presented 24. PS 2008-36 Ordinance Approving the Sale of City Owned Personal Property (1996 Chevrolet Caprice)— authorize Mayor and City Clerk to execute 25. PS 2008-37 Request to Purchase Vehicle—Replacement Squad for M-19 - approve purchase of Chevrolet Impala as presented 26. CC 2008-61 Park Naming Requests a. Autumn Creek Park- approve the name Green's Filling Station Park b. Whispering Meadows Park- approve the name Bristol Station Park Plan Commission/Zoning Board of Appeals: 1. ZBA 2008-02 Ordinance Approving a Variance in Fence Height for Richard Marker Associates, Inc. — 728 E. Veteran's Parkway 2. ZBA 2008-03 Ordinance Approving a Variance in Fence Height for RWE Management Company— 102 Garden Street (Yorkville Animal Hospital) Minutes for Approval (Corrections and Additions): Minutes of City Council—July 22, 2008 and August 12, 2008 City Council Meeting Agenda August 26, 2008 Page 4 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,588,338.06 (vendors) $ 278,550.84 (payroll period ending 8/16/08) $ 1,866,888.90 (total) Reports: Mayor's Report: City Council Report: 1. CC 2008-62 Water Billing Outstanding Accounts and Water Shut-Off Policy 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: Communi . Development Director Report: Community Relations Officer: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. EDC 2008-36A Resolution Approving a Memorandum of Understanding between Rush-Copley, Kendall County and the United City of Yorkville 2. EDC 2008-36B Resolution Approving Maintenance and Public Easement Agreement for Rush-Copley Lot 3 Public Safety Committee Report: 1. PS 2008-34 Ordinance Amending the Code of Ordinances Providing for Liquor Control regarding Request for Package Liquor License at Route 34 and Cannonball Trail City Council Meeting Agenda August 26, 2008 Page 5 Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. For the discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. 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: Alderwoman Sutcliff Sanitation and Waste Committee: Alderman Allen ECONOMIC DEVELOPMENT =--------------------------------------------------------------------= Committee Departments Liaisons Chairman: Alderman Golinski Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Allen 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 August 26, 2008 Page 6 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 UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, August 26, 2008 7:00 PM CITY COUNCIL CHAMBERS - --- ----------- - -------------- --------------------------- - - ---------- - AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: 1 . Wolf and Company Audit Presentation - -- ---------- ------------------------------ ------------------------------ ---------------- ------------- - CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: -------------.....----..............................--..........----------------------...........-----------------.................... - 1 . CC 2008-60 Ordinance Approving an Agreement for Purchase and Sale of Real Estate (Betzwiser Property) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -- - -- -------------------................ - - - - --------------------------------------------- 2. EDC 2008-33 Cobblestone Commons a. Ordinance Approving Development Agreement ❑ Approved ❑ Subject to ❑ Removed b. Ordinance Approving Development/Economic Incentive Agreement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------mm...---------........----------...............-----..............................---------------------------................. 3 . EDC 2008-37 City Council Goal Action Plan — Open Space Acquisition ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ----------------------...............................-.......------------------------------------...................................... 4. ADM 2008-75 Monthly Treasurer's Report for June 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes - - ----------------------------- --- ---- --------- -- - ------------------- - - - 5. ADM 2008-76 Bad Debt Update ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -- ---- ----------------------------- ......................------------------------------------------ -- - - 6. ADM 2008-77 Resolution Approving a Revised Salary Schedule for the Position of Senior Accountant ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -------------- ----------------------- ----------------- - -- ------- --------------------- - -- 7. ADM 2008-67 Ordinance Amending the Governing Ordinance of the Mayor and City Council regarding Protocol for Canceling a Special City Council Meeting ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ..............------------------------------------------------------------------------------- ------------------------------------------ 8. PW 2008- 101 Water Department Report for May 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -- ------------------ ---------- -- -- ---------------- --- - - --------------------------- - -- --- 9. PW 2008- 102 Water Department Report for June 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --..........-----......--------------------------.........-----------------------------------------.........--------------------------- 10. PW 2008-103 Grande Reserve Share-Use Path — Change Order #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -----------.........----------....------.................---..............---------------------------------------------------------- --- 11 . PW 2008-104 Goodwill Store (481 E. Countryside Parkway) — Acceptance of Public Improvements and Letter of Credit Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ----------.............-----.............................................----------------------------........---....... ---------------- 12. PW 2008 405 2008 Crack Filling — Change Order #1 and Supplemental MFT Appropriation Resolution ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -- ------------------------------------ -- - - -- - .......---------------------------- - -- - 13 . PW 2008-106 McHugh Roadway Improvements — Change Order #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -----------...........------........-...................------------------------------------------------------------------------------- 14. PW 2008-107 Raging Waves Streetlighting LOC Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -----------.........----------.....-----------...............---...........................................---------------------------- 15. PW 2008-108 Bristol Bay Phases 2 & 3 (Units 9-13) — Earthwork Bond Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 16. PW 2008-109 Mill Road Right-of-Way Plat of Dedication (Cross Lutheran Evangelical Church Frontage) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------- --------- --- ------------- - ---------------------------------------- - -------------------------------- - - 17. PW 2008-110 Fox Road Improvements — LAPP Engineering Agreement & MFT Appropriation Resolution ❑ Approved ❑ Subject to ❑ Removed ❑ Notes 18. PW 2008-112 Ordinance Amending Code of Ordinances Prohibiting the Use of Groundwater ❑ Approved ❑ Subject to ❑ Removed ❑ Notes - ----------------------------------------------------------------------------------------------------- ----------------- - 19. PW 2008-114 City Council Goal Action Plan — Biodiesel, E85 and Hybrid Vehicles ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------................................-......--------................--------------------------------------------- 20. PS 2008-30 Police Reports for July 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --- --- - - --- ---- -------------------------------------------- -- - - ---- - 21 . PS 2008-32 Ordinance Amending City Code regarding Penalty References ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -- --------- ----- ----------------- --------- -------- ---------------------- --- --------------- 22. PS 2008-33 Ordinance Approving a Fine Schedule for the Prepayment of Certain Citations Pending Under Administrative Adjudication ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ----------------------------------------------------------------------------------........................---------...... -------------- 23 . PS 2008-35 Request to Hire Part-Time Civilian Evidence Custodian ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------- --------------------------------------------- --- - ------------------------------------- ------------ ---------- 24. PS 2008-36 Ordinance Approving the Sale of City Owned Personal Property (1996 Chevy Caprice) ❑ Approved ❑ Subject to ❑ Removed ❑ Notes 25. PS 2008-37 Request to Purchase Vehicle — Replacement Squad for M-19 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -- - - ---- --------------------- --------------------- ---------------------------- ---------- --------------- 26. CC 2008-61 Park Naming Requests a. Autumn Creek Park ❑ Approved ❑ Subject to ❑ Removed b. Whispering Meadows Park ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PLAN COMMISSION / ZONING BOARD OF APPEALS: --.......-..........---.......................--......--------------------------------------------------------------------------------- 1 . ZBA 2008-02 Ordinance Approving a Variance in Fence Height for Richard Marker Associates, Inc. — 728 East Veteran's Parkway ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -----------........----................---------------------.......-.......................................................... --------- 2. ZBA 2008-03 Ordinance Approving a Variance in Fence Height for RWE Management Co. — 102 Garden Street (Yorkville Animal Hospital) ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: - - - -- - - ...............------------- ......---...........................................-----------.................. 1 . City Council — July 22, 2008 ❑ Approved ❑ As presented ❑ As amended 2. City Council — August 12, 2008 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: ------------------------------------------------------.........------......------------------------------------------------------------ ❑ Approved ❑ As presented ❑ As amended ❑ Notes - - --------------- -- ------------ ---------------------------------------------------------------------------- CITY COUNCIL REPORT: ----------------------------................................--------------------------------------------------------------------------- 1 . CC 2008-63 Water Billing Outstanding Accounts and Water Shut-Off Policy ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: --------------------------------------------------------------......----------------------------------------------------............... 1 . EDC 2008-36A Resolution Approving a Memorandum of Understanding between Rush-Copley, Kendall County and the United City of Yorkville ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ---------------------.....----------.........................----------------------------------------------------------................ 2. EDC 2008-36B Resolution Approving Maintenance and Public Easement Agreement for Rush-Copley Lot 3 ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC SAFETY COMMITTEE REPORT: ------........-........-----..................----------------------.............................-.........-------------........------- 1 . PS 2008-34 Ordinance Amending the Code of Ordinances Providing for Liquor Control regarding Request for Package Liquor License at Route 34 and Cannonball Trail ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- `Ak C/Tr Reviewed By: _ Agenda Item Number J2 r T Legal ■ if t Finance ■ EST. ', ' .:: 1836 Engineer ❑ 0 r tee City Administrator ■ Tracking Number ^ �0 Police ❑ LE �V Human Resources F1 C Public Works ■ City Council Agenda Item Summary Memo Title: Ordinance approving an agreement for purchase and sale of real estate City Council / Committee Agenda Date: City Council — August 26, 2008 Synopsis: Purchase of 3 .54 acres of real estate from Betzweiser Development, LLC. Council Action Previously Taken: Date of Action: N / A Action Taken: Item Number: Type of Vote Required: 2/3`d vote of elected corporate authorities then holding office Council Action Requested: Approval Submitted by: Attorney Kathleen Field Orr Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE 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 desires to purchase from Betzwiser Development, LLC (the "Seller"), approximately 3 .54 acres of certain real property (the "Subject Property"), as described in the attached Agreement for Purchase and Sale of Real Estate (the "Agreement') for the purpose of storing public works and maintenance equipment owned by the City; and, WHEREAS, the Subject Property is located within the City limits and the Seller is the owner of the Subject Property; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve the attached Agreement for Purchase and Sale of Real Estate by and between Betzwiser Development, LLC, and the United City of Yorkville. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT for the purchase and sale of real estate (the "Agreement"), is entered into as of 2008, by and between Betzwiser Development, LLC of 69 Crooked Creek Drive, Yorkville, Illinois, a Limited Liability Company (the "Seller") and the United City of Yorkville, Illinois (the "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of the certain parcels of property (as identified below); and WHEREAS, Purchaser desires to purchase from the Seller and the Seller desire to sell to Purchaser all of said property on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 AGREEMENT TO PURCHASE AND SELL 1. 1 Subject Property. Subject to Section 1 .2 below, Seller agree to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, Seller's right, title and interest in and to the parcels of property identified below and legally described on Exhibit A attached hereto and made a part hereof, (collectively, the "Subject Property"), generally consisting of approximately 3 .54 acres (more or less) of real property currently improved with such structures as noted, all being located off at or near Wolf Street in the United City of Yorkville, Illinois. The Subject Property consists is defined as Lot 1 of the Final Plat of the United City of Yorkville Subdivision depicted on Exhibit A- 1 attached hereto and made a part hereof. In the event of any conflict or discrepancy between the general descriptions of the Subject Property in this paragraph and the legal description, the legal description shall govern. The Purchaser acknowledges that the property will be encumbered by an easement in favor of the adjoining parcel of property at 181 Wolf Street (identified as Parcel One on Exhibit A- 1) for the right of ingress and egress in the form attached hereto as Exhibit B. It is understood that Purchaser's obligation to complete the purchase shall be contingent upon Purchaser' s approval of the description of the parcels and easement area as the property or easements within five (5) business days from the date said property has been legally identified by Seller's surveyor, Purchaser shall be deemed to have provided its approval and this contingency shall be deemed met. 1. 2 Title. The Seller shall convey to Purchaser upon payment in full of the Purchase Price as established in Section 2. 1 below, plus or minus prorations, (the "Closing"), Seller's right, title and interest in and to the Subject Property. It is understood and agreed that the Purchaser accepts title to the structure, in an "as is" condition as of the date of Closing. 1. 3 Possession. Possession of the Property shall be delivered to the Purchaser at Closing, as hereinafter set forth. ARTICLE 2 PURCHASE PRICE 2. 1 Purchase Price. The purchase price (the "Purchase Price") to be paid by the Purchaser to the Seller for the Subject Property described below is $ 1 ,250,000.00, plus or minus proration. Said sales price shall be allocated as follows: ,$770,000.00 for the structure on the Subject Property and $480,000.00 for the land and shall be payable at Closing (as hereinafter set forth) as follows: (a) $312,500.00 in cash or check drawn on the Purchaser' s account; (b) $937,500, plus or minus prorations payable by a note executed by the Purchaser amortized over 20 years with interest at the rate of 6.26% payable in monthly installments commencing thirty (30) days after the Closing and continuing for sixty (60) months (the "Initial Note Term"). There shall be a prepayment penalty of 6.26% on the balance of due and owing if paid in full during the Initial Note. After the Initial Note Term, the interest rate on the then balance shall be recalculated every sixty (60) months and shall be the interest rate as of the date of recalculation established for a five (5) year U.S. Treasury bill plus 3% until the balance due and owing is paid in full. After the Initial Note Term, the Purchaser shall have the right to prepay the principal balance due at any time without penalty. 2. 2 Earnest Money. None. 2. 3 Closing Costs. The Seller shall pay all of the Seller's customary closing costs associated with the execution of this Agreement including but not limited to the following: Title Policy; Title Endorsement; one-half of all escrow fees; and one-half of all other fees in connection with the Closing. Purchaser shall be responsible for all Purchaser' s customary closing costs, including, but not limited to: one half of any closing fee, purchaser' s title insurance and recording fees. Each party shall pay its own legal fees. 2. 4 Closing Proration and Adjustments. All items of income or expense, including taxes and assessments, shall be prorated as of the date of the Closing. Closing prorations and adjustments shall be payable by credits to Purchaser at Closing. ARTICLE 3 TITLE INSURANCE AND SURVEY 3. 1 Title Commitment. Within twenty (20) days after the execution of this Agreement (the "Effective Date"), Seller shall deliver to Purchaser: an ALTA/ACSM land title survey of the Subject Property (the "Survey") prepared in accordance with 2005 ALTA/ACSM Land Survey Standards for Urban Properties and a commitment for Title Insurance in the amount of the Purchase Price showing fee simple title vested in the Purchaser, which policy, when issued, shall include extended coverage over the general title exceptions. (NOTE: Pursuant to section 4.2 hereof, it is the Purchaser' s responsibility to acquire, at their expense, an ALTA Survey.) 3. 2 Title and Survey Objections. Within twenty (20) days after Purchaser receives the Title Commitment, the Title Documents, and the Survey, Purchaser shall deliver to Seller: (a) a list of any objections to title and survey matters with respect to the Subject Property (the "Title Objections"); and the manner in which such Title Objections may be cured to Purchaser's satisfaction; and (b) a list of those endorsements that Purchaser requires be included as part of the Title Policy (the "Title Endorsements"). The Seller shall be obligated to cause any Title Objections relating to financing liens, mechanic's, materialmen' s or similar liens, tax liens or delinquent taxes, and leases or other occupancy rights or agreements to be deleted from the Title Commitment prior to the Closing, and if the Seller fails to do so, Purchaser may, in addition to all other rights and remedies, deduct from the Purchase Price any liens or encumbrances of a definite or ascertainable amount. If the title commitment discloses Title Objections which are not cured, Seller shall have thirty (30) calendar days from the date of delivery thereof to have the said exceptions waived, or to have the title insurer commit to insure against loss or damage that may be caused by such exceptions and the closing date shall be delayed, if necessary, during said thirty (30) calendar day period to allow Seller time to have said exceptions waived. If Seller fails to have the Title Objections waived or, in the alternative, to obtain insurance over such unpermitted exceptions within the time specified, Purchaser may terminate the Contract between the parties or may elect, on notice to Seller within ten ( 10) calendar days after the expiration of the thirty (30) calendar day period to take the title as it then is, with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser elects to terminate the Contract, this Contract shall be null and void and all moneys paid by Purchaser hereunder shall be refunded. ARTICLE 4 COVENANTS, REPRESENTATIONS AND WARRANTIES 4. 1 Representations. The Seller (and any persons executing this instrument on behalf of the Seller) represents and warrants that the Seller is the owner in fee simple of the Subject Property, that the Seller is fully authorized and empowered to execute and deliver this instrument, and that there is no lien, encumbrance, contract or governmental prohibition against the execution and delivery of this instrument and the performance by the Seller of all of Seller's obligations hereunder. Purchaser (and any persons executing this instrument on behalf of Purchaser) represents and warrants that Purchaser is fully authorized and empowered to execute and deliver this instrument, and undertake the performance and enforcement of this instrument and the obligations hereunder. Purchaser acknowledges that Seller's ability to transfer title to the subject property is contingent upon Seller being able to successfully separate the property in question from the Master Association. Purchaser' s obligation to purchase the property shall be contingent upon Seller' s being able to successfully separate the subject property from the existing covenants, conditions and restrictions of condominium. 4. 2 Agreements. Neither the execution and the delivery of this Agreement by each party, nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgment, decree, order, law, mortgage, lease, agreement, indenture or other instrument to which such party is a party or by which the Subject Property or such party is bound. The parties agree that the Seller will not be responsible for providing the Purchaser with a survey of the property in question. If the Purchaser requires a survey (whether for extended title coverage, lender requirements or otherwise) the same shall be provided by Purchaser at Purchaser's expense. 4. 3 No Conveyances or Further Liens. From and after the execution of this Agreement, the Seller shall not: (i) cause, suffer or permit any act which results in any additional exceptions to title affecting the Subject Property or any portion thereof, (ii) sell transfer, alienate, lease or encumber any part of the Subject Property or any interest therein to or in favor of any person or entity other than the Purchaser, or (iii) take any action that would alter any of the matters depicted, or create matters not depicted, on the Survey. 4. 4 Litigation. Each party represents to the other that they are aware of no pending litigation, proceeding, claim or investigation, including, without limitation, any condemnation proceeding, pending or to the best of their knowledge, threatened, which affects or could reasonably be expected to affect them, the Subject Property, the transactions contemplated by this Agreement, or the other party's intended use of the Subject Property. 4. 5 Inconsistent Actions. The Seller and Buyer shall not take any actions that are inconsistent with their obligations under this Agreement, or that may delay or interfere with the consummation of the transactions contemplated by this Agreement. 4. 6 Surviving Agreements. There are no unrecorded leases, contracts, agreements, or other documents affecting the Subject Property that will survive the closing and be binding upon Purchaser of the Subject Property. ARTICLE 5 THE CLOSING 5. 1 Closing. (a) Once the title commitment displays good title, subject only to permitted exceptions, then, within thirty (30) days thereafter the Purchaser is obligated to take title or elects to take title (as the case may be), then Purchaser will pay to Seller the Purchase Price, plus or minus prorations as set forth in Section 2. 1 of this Agreement. (b) The Seller warrants that no parry in possession, no contractor who has furnished labor or materials, and no other person has any right, title, interest, lien, claim or charge against the property (c) This Agreement has been executed in two duplicate originals by the parties. This Agreement, however, will not confer any legal or equitable estate or interest in the property on the Purchaser until the Purchaser has fully performed this Agreement. (d) The Seller warrants that no notice from any city, village or other governmental authority of a dwelling code violation had been received by the contract seller, or their principal or agent, within 5 years of the date of this installment contract. (e) The Seller shall provide Purchaser with a credit for the 2007 & 2008 real estate taxes due up to and including the date of closing based upon the most recent available real estate tax bill for the property. Said tax proration shall be final. (f) The Closing shall take place at the offices of the Purchaser or the Title Company. 5. 2 Conveyance to Purchaser. Pursuant to this contract at the Closing, Purchaser will be entitled to receive a Warranty Deed to the property; Bill of Sale for the structure; Affidavit of Title; ALTA Statements; and, such other documents as deemed necessary to convey Title subject only to permitted exceptions as stated above. 5. 3 Purchaser's Deliverables. At the Closing, Purchaser shall deliver or cause to be delivered to Seller directly or, if either party elects, through an Escrow, the following, each of which shall be in a form reasonably satisfactory to Seller and (if applicable) the Title Insurer. (a) A certified copy of Purchaser's ordinance (if required) authorizing this Agreement. (b) Such other certificates and documents as may be required by the Title Insurer; and, (c) The Purchase Price in the form of cash or check and a note, plus or minus prorations, all as set forth in Section 2. 1 hereof. 5. 4 Documents to Be Jointly Delivered By Seller and Purchaser At Closing. At the closing, the Seller and Purchaser shall each execute and deliver, directly, or if either party elects, through the Escrow, the following, each of which shall be in the form reasonably satisfactory to both parties and (if applicable) the Title insurer. (a) Applicable transfer tax declarations for the State of Illinois, Kendall county and necessary municipal transfer declarations; (b) A Closing Statement; (c) ALTA Statements as required by the Title Insurer; (d) Grant of Easement in the form attached hereto as Exhibit B; and, (e) All other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement and to consummate the Closing under this Agreement. ARTICLE 6 DEFAULTS AND REMEDIES 61 Default. If the transaction contemplated hereby does not close by reason of a default by either party in any of the terms hereof, and any such default is not cured within thirty (30) days after written notice of said default is given by the other party, then the non-breaching party may: (a) terminate this Agreement and (b) pursue an action against the breaching party for all remedies available in law and/or equity, including specific performance of the Agreement. 62 Costs Of Enforcement. In the event any action or proceeding is brought by either party to enforce or interpret the terms of this Agreement, the prevailing party in such action or proceeding shall be entitled to have all costs, fees (including, without limitation, reasonable attorneys' fees) and expenses, paid or reimbursed by the non-prevailing party. ARTICLE 7 MISCELLANEOUS 7. 1 Entire Agreement; Construction. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may be set forth in writing executed by both parties contemporaneously with or subsequent to this Agreement. This Agreement may not be construed more strictly against one party hereto than against the other party merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties. It is understood and recognized that both parties have contributed substantially and materially to the preparation of this Agreement. 7. 2 Severability. If any tern of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby. 7. 3 Governing Law. This Agreement has been executed and delivered, and is to be performed, in the State of Illinois, and this Agreement and all rights, obligations, liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of Illinois. Venue, for purposed of this Agreement, shall be Kendall County, Illinois. 7. 4 Time Is Of The Essence. Time is of the essence of this Agreement. 7. 5 Waiver. No waiver by a parry of any breach of this Agreement or any warranty or representation hereunder by the other party shall be deemed to be a waiver of any other breach by such other party and no acceptance of payment or performance by a parry after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows of such breach at the time it accepts such payment or development. 7. 6 Condemnation. The parties agree that in the event any portion of the subject property is taken for eminent domain, all proceeds derived from the condemnation action shall belong to the Seller. IN THE WITNESS HEREOF, the parties have executed this Agreement as of the date first written above. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Betzwiser Development, LLC, a Limited Liability Company By: Its President Attest: Secretary yorkviltdpurcbasmndsalwgm.ba ise EXHIBIT A-1 FINAL PLAT OF THE UNITED CITY OF YORKVILLE SUBDIVISION PITCHER R , E AF NO FORD Pali, L�xn, IN WE o On MR MO A LL U .0 90 SMILE FEET - - - - - - - - - - - - - - - - - - - - - - - EcE o .Q OF MMUT MWAM, MOODY ill, u�Am� s*nxer i CERTIFICATE SO'41 .E v at THERE. 171 79 CONRAD, FORM EASE ..Ma _ in 4. PANIC IN : & AT i s m. . .eN ' rnLL. NE AT AD ` - IT S. OR I V^ V09 ACL5NAL MW MR ) .7 � �. . 9r -- — , ,) DOMAIN M AN ME AMEM, ART -- -- — — — —EN (Ali :SCERTIFICATC "i I'M I.M — METHOD MIAMI, CIA AN M1,1 ;x »e.E ,� 101" M, WE MEWT ill ALL MEM,M,MAMI, at Mmi MIAMI HER IN ONME, am WE mUlCITY couucic cER iisic RiE x"ry RfN Oi)uOfR 5 Cf Rii EiCnif STAN m ROME cEE0. 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MI AN AS Or— MAN 171JO Oft TO ME PORT IN BE�'M AN I THE I'M '1 0' DERMALL STAR NOT Ari TRY U�� HEARD ��M FEES "DUE RE ME LIT MOM WE IRS WE �� WRISM mu,WE, M AN WE CRT =M I NO,M, BASIN W FAME l�l� DATER All 19, IDEA ME ON, WE MAMA A L�� IN 'AM 11 NMME. x CARTEL ONE Is vwr Issrnm riwR E TS xwm' ma<.as11 ry i O E CERICH ALL I ME W1,11,a,AN WAROMR. mi Mi MET AS 'MOM MOM I VEST AN ME A PRIESPENTAL MOM, ONCESSOM ill 'HEARST I MOM � ill" AN M�MV MOM AM THE EPA' HIMSEENT NAME HE MOM 'SAM IN, MOM MOM ill'E�' 11 ul� A MET MAIL IN)' NO MOM 'OEM STAR MANNE AN MEN ARM MAN AT DEREEPT HE HADER, IN 21M CRY M MY III wM nolwu mnn. w'Iac NNTES MRSE Erwin xmTWOR xi rae 'r'I 6 mmW .�K�AT III MONTREAL �W OFT MITI IN IT 15-11, 0 So bm rum l a.m.u..nrcn wEU . am Era. oworm rmrc. uorE OEweno '&}`� tl 04 S,aw (SWAP Ii i:m.gN �Mn PACE 1 OF 1 CINDY N�ryD CIT y Reviewed By: Agenda Item Number a W- 11% Legal ■ ( � OC 1936 Finance ❑ Engineer ❑ T�� T City Administrator Fl Tracking Number 0 '�yt7 Consultant El EDC 2008-33 ` ❑ SCE Agenda Item Summary Memo Title: Cobblestone Commons Amended Development Agreement & Economic Incentive Agreement Meeting and Date: CC / August 26, 2008 Synopsis: Request for Development Agreement and Economic Incentive Agreement Approval Council Action Previously Taken: Date of Action: September 26, 2006 Action Taken: Preliminary Subdivision Plan Approval April 10, 2007 Final Subdivision Plan Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of Development Agreement, and Approval of Economic Incentive Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report �.Ak° fI o Memorandum J a "o To: EDC Hr 1 1836 From: Travis Miller CC: Brendan McLaughlin to Kathleen Field Orr Date: July 29, 2008 LCE 4. Subject: Cobblestone Commons — Development Agreement and Economic Incentive Agreement Background The Cobblestone Commons PUD has received the following approvals: Preliminary Subdivision Plan approval in September 2006; Final Subdivision Plat approval in April 2007; Final engineering has been under review since the plat approval and is ready to release for recording once all plan review fees and the Fox Hill recapture payment is received. The project is entirely commercial/retail uses and consists of 20.55 acres with approximately 160,000 square feet of retail space total (8 lots with users ranging from 4,000 to 35,000 square feet). Simultaneous to the subdivision review, a Development Agreement and Economic Incentive Agreement were requested and approved by City Council (Development Agreement in 2006 and the Economic Incentive Agreement in April 2007). Neither the Development Agreement nor the Economic Incentive Agreement have been executed to date due to modifications requested and pending to both agreements subsequent to April 2007. The petitioner is requesting modifications to both the Development Agreement and the Economic Incentive Agreement, primarily due to increased costs related to the stormwater engineering and with required improvements to Eldamain Road exceeding previous cost estimates. Due to the significance in the revisions to both the 2006 Development Agreement and the 2007 Economic Incentive Agreement, Staff has requested the petitioner re-present the documents for your review and consideration. Development Agreement Purpose The purpose of this agreement is to aid in regulating the development of this property beyond the mere zoning regulation. This property is zoned B-3 currently. The petitioner has voluntarily agreed to certain limitations and standards in which the Development Agreement memorializes in the form of a contract, much like the current PUD ordinance requires of a Concept PUD Plan. Prior to the current PUD Ordinance being in effect, Development Agreements were more commonly used. Staff recommends proceeding under a Development Agreement for this property since this is how this project was initiated from the beginning, and the Agreement will allow the City to accomplish appropriate standards and regulation for the property. Staff Comments: The Development Agreement includes provisions consistent with the City's current policies for newly annexed territory, including requiring: the site development to be consistent to the proposed site plan (Exhibit B); the uses be limited to those listed in Exhibit C; the ` guidelines' listed in the Appearance Code be implemented; cross access easements between all future lots within the development; the owner to dedicate utility easements and right-of-ways as necessary upon the request by the City; The Development Agreement also includes provisions specific to the project, including: a provision explaining the desire of a Business District be created to aid with funding certain public improvements; a provision requiring the owner/developer fund 50% of the cost of a watermain beneath US34 — note: the other 50% should be required by the owner/developer of the north side (Rob Roy Falls) when that agreement is finalized; a provision clearly stating the obligation for the owner/developer to pay recapture to the Fox Hill developer for water/sanitary sewer oversizing; Economic Incentive Agreement The Economic Incentive Agreements provides: agreement to formulate a Business District; agreement to formulate a SSA as a back-up/supplement to the Business District; The Business District and SSA would be created to pay for, or reimburse payment for, the use of bond proceeds estimated to be $6,000,000 for this project. Proceeds to cover: the cost of on-site and off-site stormwater drainage improvements. Note: this property includes a large depressional area which has been engineered to house an underground stormwater detention system beneath the primary parking area of the development. The cost of this system is estimated at $1 ,300,000 and is necessary for this property to be developed commercially. - Eldamain Road and US 34 improvements as required by IDOT and the City; - Extension and necessary oversizing of water, sanitary sewer and stormwater infrastructure across the property; Recapture payments required to the Fox Hill developer for water and sanitary sewer oversizing benefiting this property; STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND MAIN STREET COMMERCIAL PARTNERS, L.L.C. PROPERTY "COBBLESTONE" WHEREAS, Main Street Commercial Partners, L.L.C. (the "Owners") have purchased and intend to develop certain property located at the Southeast corner of the intersection of Route 34 and Eldamain Road; and, WHEREAS, after considerable investigation by the United City of Yorkville (the "City") and a thorough review of the proposed development, the City has determined that such commercial development is in the best interest of the City as it would improve the tax base of the City and all other affected taxing districts; provide job opportunity for its citizens; and, promote the general health, prosperity and welfare of the inhabitants and taxpayers of the City; and, WHEREAS, the Owners have proposed a Preliminary and Final PUD Plan to allow for uses permitted within B-3 zoning classifications of the City and have agreed to comply with all City ordinances and the provisions of a Development Agreement in the form attached hereto as Exhibit A and presented to this meeting of the City Council NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Development Agreement by and between the United City of Yorkville and Main Street Commercial Partners, L.L.C. as presented to this meeting of the City Council and attached hereto as Exhibit A is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement and to direct any and all actions as may be required to implement the provisions thereof. 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 BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008 . Mayor Attest: City Clerk Revised January 30, 2008 Revised June 9, 2008 Revised July 15, 2008 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE MAIN STREET COMMERCIAL PARTNERS, L.L.C. PROPERTY `Cobblestone' This Development Agreement, hereinafter referred to as "Agreement", is made and entered into this day of 2008, by and between, MAIN STREET COMMERCIAL PARTNERS, LLC, hereinafter referred to as "OWNER/DEVELOPER" and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER/DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER/DEVELOPER is the Owner of certain real property, hereinafter referred to as the "PROPERTY", located in the CITY and legally described in Exhibit "A" attached hereto and incorporated by this reference; and WHEREAS, the Property is located at the southeast corner of US 34 and Eldamain Road and consists of approximately 20.55 acres; and WHEREAS, the OWNERIDEVELOPER seeks approval of a Preliminary and Final PUD Plan to allow for uses permitted within the B-3 zoning classifications, as itemized in Exhibit ` C' attached hereto, to exist on the property; and WHEREAS, the PROPERTY is identified by the `First Amendment to Recapture Agreement' executed April 25, 2006, Kendall County record number 200600023728 as a property benefiting from water and sanitary sewer oversizing and the OWNER/DEVELOPER is subject to pay the CITY for this infrastructure oversizing at the time Final Platting occurs for the PROPERTY; and 1 * denotes term defined in United City of Yorkville Appearance Code WHEREAS, the PROPERTY must connect to water service north of Route 34 requiring a watermain connection to be constructed across the IDOT right-of-way; and WHEREAS, the CITY has determined that the development of the Property is in accordance with the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER/DEVELOPER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and OWNER/DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I ZONING and GENERAL COMPLIANCE WITH ORDINANCES OWNER/DEVELOPER hereby agrees to comply with all CITY ordinances, and this Agreement shall deviate from said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, this Agreement shall control. The CITY shall adopt an ordinance approving this Development Agreement for the PROPERTY described in the attached Exhibit "A". The PROPERTY shall be developed in substantial conformance with the Site Plan, which is attached hereto in Exhibit `B" and incorporated herein and made a part hereof by this reference. OWNER/DEVELOPER and the CITY agree that the CITY shall permit the uses on the subject property that are excerpted from the United City of Yorkville Zoning Classification for O-Office District, B-1 Limited Business District, B-2 General Business District, B-3 Service Business District as they exist at the time of execution of this Agreement other than those as deleted in Exhibit "C", and any similar permitted uses within those Districts that the CITY may create in the future other than those deleted on Exhibit "C". The development of the PROPERTY shall be subject to approval of all ordinances of the CITY; Site Plan approval, engineering approval (by CITY staff or outside review engineering consultant as elected by the CITY) and Final Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and Review Fees Ordinances, and City Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER 2 * denotes term defined in United City of Yorkville Appearance Code OWNER agrees that the Final Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance currently in effect when development approval is requested, unless provided for differently in this Agreement. Utilities and Public Improvements. On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in this Agreement, in which case this agreement shall control. ARTICLE II SPECIAL PROVISIONS 1. DESIGN STANDARDS: a. All `Guidelines' within the Appearance Code section `V Criteria For Appearance, 4. Non-Residential, b. Building Design, 1 . Commercial, Office and Institutional Uses, b. Guidelines for unbuilt sites' shall be required. b. Signage: i. All freestanding monument signage must include a 100% masonry product* base no less than the width of the sign area. 2. CROSS ACCESS EASEMENTS The OWNER/DEVELOPER agrees to create and record with the Kendall County Recorder of Deeds a written Access Easement Agreement providing for all cross access and maintenance responsibilities applicable to the PROPERTY at the time of recording of the Final Plat. 3, DEDICATION OF RIGHT-OF-WAY AND EASEMENTS Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent easements and temporary construction easements as necessary for the construction, maintenance and replacement of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall convey by Warranty Deed, fee simple title free and clear of any lien or encumbrances for future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have 3 ' denotes term defined in United City of Yorkville Appearance Code been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 4. BUSINESS DISTRICT CLASSIFICATION It is also understood by and between the Parties that subsequent to the execution of this Agreement the CITY may explore and implement methods of financing infrastructure improvements such as Route 34 improvements, Eldamain Road improvements, and placing existing power lines underground. In the event said financing methods include the creation of a Business District enabled to collect sales tax at a higher rate than other areas within the City, then the OWNER/DEVELOPER shall participate in the Business District. 5. WATERMAIN CONNECTION at ROUTE 34 The OWNER/DEVELOPER agree to fund 50% of the cost to construct a watermain connection beneath, and across, the Route 34 right-of-way. The estimated cost of this connection is $80,000 (50% is estimated to be $40,000) and payment is due within 60 days of the request made to the OWNER/DEVELOPER by the CITY. 6. RECAPTURE OBLIGATION The OWNER/DEVELOPER shall pay to the CITY on the date of approval of the Final Plat, an amount of $48,814. 11 plus interest accrued at the rate of 5% compounded annually beginning April 25, 2006 (2008 amount equals $53,817.56). 7. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER/DEVELOPER and its successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the PROPERTY, except such property to be conveyed subject to Section 3 of this Agreement, and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 8, TIME OF THE ESSENCE. 4 * denotes term defined in United City of Yorkville Appearance Code 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, including the calling of special meetings, to expedite the subject matter hereof It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 9. COVENANTS AND AGREEMENTS. a) The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure 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. b) In the event minor modifications are made to building size, location, or other minor adjustments to the Final Plat and/or Plans which do not necessitate variances, said modification may be made administratively with the City Zoning Officer without formal amendment of this Agreement. c) In the event that any terms of this Development Agreement conflict with the original Annexation Agreement or any amendments thereto for the subject property, this Agreement shall prevail. In all other respects any original Annexation Agreement or amendments thereto are hereby ratified, republished, and reconfirmed. d) The parties acknowledge that they have entered into an Economic Incentive Agreement for recovery of certain project costs with respect to the subject property. The OWNER/DEVELOPER consents and agrees to comply with the terms of this said Agreement and default thereunder shall constitute a default hereunder. e) The OWNER/DEVELOPER agrees to complete the development of the subject property in accordance with the approved final site plan and all applicable ordinances on before the fifth anniversary of this agreement. lO.BINDING EFFECT AND TERM. This 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. 11. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other parry in writing and shall be delivered personally or sent by registered or 5 * denotes term defined in United City of Yorkville Appearance Code 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: Kathleen Field Orr 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Attn: Tim Tynan Main Street Commercial Partners, LLC 4771 Route 71 Oswego, IL 60543 With a copy to: Stahl Cowen Crowley Addis LLC 55 W. Monroe Street, Suite 1200 Chicago, IL 60603 Attn: Jeffrey J. Stahl or to such other addresses as any parry way from time to time designate in a written notice to the other parties. 12. 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 this Agreement becomes unenforceable due to any change in the Illinois Municipal Code 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. 13. 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 * denotes term defined in United City of Yorkville Appearance Code ARTICLE IV EFFECTIVE DATE This Agreement shall be effective upon the date as stated above. CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor Attest: Title: City Clerk Dated: 7 * denotes term defined in United City of Yorkville Appearance Code OWNER/DEVELOPER: MAIN STREET COMMERCIAL PARTNERS, LLC an Illinois corporation By: Attest: Dated: 8 • denotes term defined in United City of Yorkville Appearance Code EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Site Plan/ Preliminary PUD Exhibit "C" Permitted Uses List 9 * denotes term defined in United City of Yorkville Appearance Code EXHIBIT "A" COBBLESTONE SOUTH LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19 AND PART OF THE NORTH HALF OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 18 MINUTES 30 SECONDS WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 A DISTANCE OF 208.10 FEET TO A POINT THAT IS 50.00 FEET SOUTHERLY OF, AS MEASURED PERPENDICULAR TO, THE CENTERLINE OF U.S. ROUTE 34; THENCE SOUTH 85 DEGREES 05 MINUTES 42 SECONDS EAST ALONG A LINE THAT IS 50.00 FEET SOUTHERLY OF AND PARALLEL WITH THE CENTERLINE OF U.S. ROUTE 34,631 .36 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE EASTERLY 575.00 FEET ALONG A 38,147.20 FOOT CURVE, BEING 50.00 FEET SOUTHERLY OF AND CONCENTRIC WITH THE CENTERLINE OF U.S. ROUTE 34, WHOSE CHORD BEARS SOUTH 84 DEGREES 39 MINUTES 47 SECONDS EAST 574.99 FEET; THENCE SOUTH 05 DEGREES 46 MINUTES 07 SECONDS WEST 471 .89 FEET TO THE NORTHWESTERLY LINE OF OUTLOT 1 (ROB ROY CREEK) IN FOX HILL UNIT ONE, AS RECORDED NOVEMBER 2, 1994 AS DOCUMENT 94-10594 IN KENDALL COUNTY, ILLINOIS; THENCE SOUTH 59 DEGREES 25 MINUTES 15 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF OUTLOT 1 161.39 FEET TO A BEND POINT; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF OUTLOT 1 SOUTH 21 DEGREES 58 MINUTES 02 SECONDS WEST 243AS FEET TO A BEND POINT; THENCE SOUTH 89 DEGREES 19 MINUTES 23 SECONDS WEST ALONG A LINE WHICH IS PERPENDICULAR TO THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 915.17 FEET TO SAID WEST LINE; THENCE NORTH 00 DEGREES 41 MINUTES 37 SECONDS WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 30 627.20 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREE 18 MINUTES 30 SECONDS WEST ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 30 60.71 FEET TO THE POINT OF BEGINNING, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS; EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 122.62 FEET ON AN ASSUMED BEARING ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 85.48 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE 34; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST 633.18 FEET ALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF CURVATURE OF 38,147.20 FOOT RADIUS CURVE TO THE RIGHT; THENCE EASTERLY 575.00 FEET ALONG SAID CURVE WHOSE CHORD BEARS SOUTH 84 DEGREES 10 MINUTES 38 SECONDS EAST 574.99 FEET; THENCE SOUTH 06 DEGREES 15 MINUTES 17 SECONDS WEST 25.00 FEET; THENCE WESTERLY 574.63 FEET ALONG 38,122.20 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 84 DEGREES 10 MINUTES 38 SECONDS WEST 574.62 FEET; THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 516.45 FEET; THENCE SOUTH 60 DEGREES 06 MINUTES 06 SECONDS WEST 100.10 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 32 SECONDS WEST 25.37 FEET TO THE POINT OF BEGINNING, s cc\0 31296.0001\d 171 W t rJ puo O(C S°C`9s,$ [FM MAIN ROAD IMPROVEMENT NOTE: GEOMETRIC PLAN NOTES: $ vF- pr. 9f Gr ^-> a N O +a �`�apt+� µ0 kpNt INFORMATION IN THE GRADING ¶ UNLESS DIMENSIONS ARE MEASURED TO THE EDGE OF PAVEMENT, IN 1 ' 35i0A 0]p}$00u-c ER OELDATHE ELDAMAIN ALL CURB RADIUS ARE LAS � r!1_ _ 0_4C 6''3 ED THE SHOPSTSPRING IMPMMONS. i$ 21 ALL CU RB BADIVB ARE Z,UNLSSTIERWIS OFCURB ra "" Zoned Bz- aam oNAL PpRPS THE SHOPS AT SPRING COMMONS. 31 ALl LUR0 RA01U$ARE T,UNLFSSOTIE0.WISE NOTED YzvFIRST 4A• U-`\„(�•pR pp�`.. PARED BY CRAIG R.KNOCHE B 41 HANDICAPPED PARKING WILL BE PROVIDED IN ACCORDANCE ,OKtR's3s E2IEITCGPAL \` " OCIATES WITH ILUNG6 ACCESSIBILITY CODE AND THE CITY OF - `A"AL R AMC ENQA YORIVALIE REQUIREMENTS. EXACTLOCATIONS AND BAR FT K GEOMETRICS OF THE STALLS WILL BE 08TERMNED WHEN ENTRANCE LOCATIONS TO THE BUILDINGS HAVE BEEN _ _ —�� • ALL LOTIDIMENSIONS EASEMENT$Is SETBACKS SHALL BE ~ EXISTING '� -- �' -� VERIFIED WITH THE FINAL PLAT OF SUBDIVISION PREPARED BY Q /�( m - TRAFFIC — — — ALAN J.COULSON.LAND SURVEYOR \V SIGNAL n m 4 VETERANS PARKWAY ROUTE— _---- — — i O 34 — R - - - m _ T,,. , / 5y3�hg6 172.43' N 85'044) W 1° RlxlmwWS eIRE PAm . 518.45 — — _ -_ - --0 -- O — m 229.90' -------- O _ -� I- o po — — . - 1h — —_—�— 2 . Y ---� W C d ,p 122 20 ^ RO PpgpNC $ 1p—' 5' _ GG ACS HIRE PATH 34 9 04 MONUMENT 510 fl50 V G SETBACK Rxs Res I RESTAURANT nL d w a me3 IIi ; > , RESTAURANT • I — R35 n„u BUILDING tl4 BANK 79' — z. 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R]R]63' ti5 O ___ N4 ITS NCE T6 DO 0 y 59 28 29' a 5 y`9;. ° RETAIL BUILDING DING #9 ° �, / Zoned R-2 PUD (DOSING GE xBESmI 36.36 , YJ6.5' I BUBSwosG.#8 B5,WDSF. 19.dS - ' PAVEMENT HATCH LEGEND R�S .4CJi �f IS J FCM "S", Y>}> 1C O m� .. t L O /P PYOITaH It . ❑ PAWSJEM Edam ORluwcus 1_FFF qq R=23 tiTAC v ^' qn} m I y-x RS 5 35 P. BIG m 24'860' Ra XBO' 10J' 1 /N W W W W m?hd"a Z g o_% ZONE LOWMEIxO � Qf / Fox Hilt Pao�o�ortl+rtX.waIMP.�M,..r o_aao- ml [�l p ela P1 / on - i ! 1 It TRIO $ub&`JiS cgerePre..,+rrvre Nr !.. rc 1` o 6 A. RkTAi BWILDINGA7 ffi qW RJS �i 61WW,xRS M-w m 25 v g N c ! d e ' f ! 9 h NT RUNING ! PARKING SETBACK 0 BIDM WS BRE PAm 328.0 +or HnvMlxWSBIRE PAIR _zzn' _ _ _ _ _ MASTER GEOMETRIC PLAN 111 N 89'19'23• E ? 855.17 nee//C//�� //� .c-c]. i . °-�",✓ 1" = 50._0.. NGRTH OL LO I D ° Q. UD Ln+lc �esT �ox Hitt c 2 PLO III ed 6-3 PU µ,.R. Is R] s6 Row 2d Rd P PA I uc �. d„ zoned R- 0 25 50 100 of ' I Zon B'RR"`ti2' Future Retalis j lone YDRKJ • TDwnhomes SutjUttVSSlpn ' 2e 11 ReACe PrOie t rauni er 2006-04 EXHIBIT "C" Cobblestone Commons - B-3 Service Business Permitted Uses This exhibit lists all permitted uses within the B-3 Service Business District as they exist in the current Zoning Ordinance. Uses excluded and not permitted by this Agreement are crossed out as follows: O OFFICE DISTRICT (0) Advertising agency. Barber shop. Beauty shop. Bookkeeping service. weer. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Stenographic service. Stock broker. Telegraph office. z-.vavc-v=fioc Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74) Special Uses Selid ;y s4e a:^_e^al site (Ord 4973 56A, 3 78 1974 ; amd Ord. nn 8 in -lam) LIMITED BUSINESS DISTRICT (B-1) All uses permitted in the O district. Antique sales. Apaftffleffts, sing! family, laea4ed in business beildings. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. Cigar, eigare4e and tebaeee store. Clothes - pressing and repair. Cub pr-ivate-etadeer. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Suhstatign Swimming pool - indoor. Tennis club - private or daily fee. T_ailer. (Ord 1973 56A, z 28 1974 ; amd 1994 Code; Ord 1994 !A, 2 19 4994 ; Ord 2009 n i > 7 22 200-3) GENERAL BUSINESS DISTRICT (B-2) All uses permitted in the O and B- 1 Districts. Appliances - sales. Army/Navy surplus sales. Art gallery - art studio sales. Art supply store. Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. n ,.�y. Carry-out food service. Catalog sales office. Clothing store - all types. Danee hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new/used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. Leather goods. Locksmith. Motel Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. Paint/wallpaper store. Personal loan agency. Pet store. Picture frame store. Radio and television studios. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973-56A, 3-28- 1974; amd. 1994 Code) SERVICE BUSINESS DISTRICT (B-3) All uses permitted in the B-2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. B684 sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Recreational vehicle sales and service. Sports arena. T.. ab g Tennis court - indoor. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1 , 1-9-1986; Ord. 1988-7, 4-14- 1988; Ord. 1995-19, 8- 10- 1995; Ord. 1998-21 , 6-25- 1998; Ord. 2005-58, 7-12- 2005) STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE APPROVING THE UNITED CITY OF YORKVILLE AND MAIN STREET COMMERCIAL PARTNERS DEVELOPMENT/ECONOMIC INCENTIVE AGREEMENT WHEREAS, Main Street Commercial Partners (the "Owners") have purchased and intend to develop certain property located at the Southeast corner of the intersection of Route 34 and Eldamain Road in accordance with all applicable zoning codes of the United City of Yorkville (the "City") and that certain Development Agreement by and between the Owners and the City; and, WHEREAS, after considerable investigation by the City and a thorough review of the proposed development, the City has determined that such commercial development is in the best interest of the City as it would improve the tax base of the City and all other affected taxing districts; provide job opportunity for its citizens; and, promote the general health, prosperity and welfare of the inhabitants and taxpayers of the City; and, WHEREAS, the Owners have demonstrated that without financial assistance from the City, this development is not feasible and could not proceed and therefore the City is prepared to enter into the Development/Economic Incentive Agreement in the form attached hereto as Exhibit A, which agreement contemplates the establishment of a special service area; adoption of the Business District Development and Redevelopment Act as applying to the Owners' property; and, the rebate of a portion of the sales tax revenue to be derived from the commercial uses of the property after the development thereof, to the extent approved by the City and permitted by law; and, WHEREAS, the Owners are prepared to proceed with the development upon approval by the City of said Development/Economic Incentive Agreement. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the United City of Yorkville and Main Street Commercial Partners Development/Economic Incentive Agreement as presented to this meeting of the City Council and attached hereto as Exhibit A is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Agreement and to direct any and all actions as may be required to implement the provisions thereof. 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 BOB ALLEN APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor Attest: City Clerk STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE AND MAIN STREET COMMERCIAL PARTNERS DEVELOPMENT/ECONOMIC INCENTIVE AGREEMENT THIS ECONOMIC INCENTIVE AGREEMENT (this "Agreemen(") is made and entered into as of the day of , 2008 by and between THE UNITED CITY OF YORKVILLE, an Illinois municipal corporation, Kendall County, Illinois (the "CITY") and MAIN STREET COMMERCIAL PARTNERS (the "OWNER"). RECITALS A. The OWNER has purchased and intends to develop the commercial real property located at the Southeast corner of the intersection of Route 34 and Eldamain Road and legally described in Exhibit "A" (the "Property") for commercial uses ("Development Project") subject to the zoning ordinance enacted by the CITY and a Development Agreement. OWNER has demonstrated to the CITY's satisfaction that the OWNER has the experience and capacity to complete the Development Project. The OWNER and the CITY have determined that without the financial assistance provided under this Agreement the Development Project would not be feasible and that the OWNER would not undertake the Development Project. The OWNER has expressly conditioned the undertaking of the Development Project on the CITY's agreement to establish a special service area ("SSA"), issue bonds to pay for the cost of Reimbursable Improvements (as defined herein) ("Bonds"), and for repayment of the Bonds to be secured by a pledge the Sales Tax Revenues (defined herein) and Business District Taxes (as defined herein) it receives from the Development Project together with a tax levy which shall be assessed against the SSA, if necessary, to fund any repayment obligations of the Bonds not satisfied by the Sales Tax Revenues and Business District Taxes, all as provided in this Agreement. B. Pursuant to the Illinois Municipal Code, as amended 65 ILCS 5/8 -11 -20 (the "Enabling Statute"), the CITY has authority to enter into an Economic Incentive Agreement relating to the development of land within corporate limits, including an agreement to use a portion of the Retailer' s Occupation taxes received by the CITY that are generated by the Development Project to service the Bonds. C. The CITY deems it to be of significant importance to encourage development within the CITY so as to maintain a viable real estate tax and sales tax base and employment opportunities. Accordingly, the CITY has made the following findings necessary pursuant to the Enabling Statute: That the Property has remained vacant in excess of twenty (20) years; That the Development Project is expected to create job opportunities within the municipality; That the Development Project will serve to further the development of adjacent areas; That the CITY is desirous of creating detention facilities, extension of sanitary sewer and water service, traffic signalization, deceleration and turn lanes benefiting the real property; That without this Agreement, the Development Project would not be reasonably financially possible given the on-site and off-site costs imposed by the Illinois Department of Transportation, the United City of Yorkville, and the Yorkville Bristol Sanitary District; That the OWNER meets high standards of creditworthiness and financial strength and shall have demonstrated that the Owner has delivered proof of financing for not less than ten percent ( 10%) of the total project costs; That the Development Project will strengthen the commercial sector of the municipality; That the Development Project will enhance the tax base not only of the CITY but of all local taxing bodies; and, That this Agreement is made in the best interest of the CITY. D. On the Condition that the Property qualifies for designation as a Business District pursuant to the Business District Development and Redevelopment Act (the "Business District Act "), 65 ILCS 5/11 -74.3- 1 et seq., as amended, and the City believes that said Property would benefit from the designation as a "Business District" under the Business District Act, the City agrees to adopt the Business District Act to benefit the Property thereby empowering the City: 1 . To approve all development and redevelopment proposals for a business district. 2. To exercise the use of eminent domain for the acquisition of real and personal property for the purpose of a development or redevelopment project. 3 . To acquire, manage, convey or otherwise dispose of real and personal property according to the provisions of a development or redevelopment plan. 4. To apply for and accept capital grants and loans from the United States and the State of Illinois, or any instrumentality of the United States or the State, for business district development and redevelopment. 5. To borrow funds as it may be deemed necessary for the purpose of business district development and redevelopment, and in this connection issue such obligation or revenue bonds as it shall be deemed necessary, subject to applicable statutory limitations. 6. To enter into contracts with any public or private agency or person. 7. To sell, lease, trade or improve real property in connection with business district development and redevelopment plans. 8. To employ all such persons as may be necessary for the planning, administration and implementation of business district plans. 9. To expend such public funds as may be necessary for the planning, execution and implementation of the business district plans. 10. To establish by ordinance or resolution procedures for the planning, execution and implementation of business district plans. 11 . To create a Business District Development and Redevelopment Commission to act as agent for the municipality for the purposes of business district development and redevelopment. 12. To impose a retailers' occupation tax and a service occupation tax and a service occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for business district project costs as set forth in the business district plan approved by the municipality. 13. To impose a hotel operators' occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for the business district project costs as set forth in the business district plan approved by the municipality. 14. To issue obligations in one or more series bearing interest at rates determined by the corporate authorities of the municipality by ordinance and secured by the business district tax allocation fund set forth in Section 11 -74.3-7 for the business district to provide for the payment of business district project costs. (65 ILCS 5/11 -74.3-3) E. In order to impose a tax pursuant to item (12) or (13) cited above (the "Business District Taxes "), the corporate authorities intend to undertake the following as mandated by the Business District Act: 1 . Hold public hearings at least one week prior to designation of the business district and approval of the business district development plan. 2. Confirm that the area proposed to be designated as a business district is contiguous and includes such parcels of real property as shall be directly and substantially benefitted by the proposed development. 3 . Find that the business district is a blighted area and has not been subject to growth and development through a private investment and without a business district development plan the Property is not reasonably anticipated to be developed. F. The CITY is authorized to establish special service areas pursuant to Part (6) of Section 7 of Article VII of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Area Tax Law, 35 ILCS 200/27-5 et seq. (the "Act"), which provides the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. It is in the public interest that the establishment of a special service area (hereinafter referred to as the "Area"), consisting of the Property, be considered for the purpose of funding the costs of designing, construction, maintenance and operation of the Development Project as set forth herein. In order to qualify under the Act it must be shown that: L The Area is compact and contiguous. 2. The Area is completely within the corporate limits of the City. 3. The purpose of the establishment of the SSA is to provide "Special Services" (as defined by the Act) and provide for the payment of debt incurred for that purpose. G. Subject to the terms and conditions of this Agreement, the CITY agrees to issue Bonds to either pay, or reimburse Owner for, the cost of Special Services. In reliance upon the CITY's representations and covenants contained in and subject to the terms and conditions of this Agreement, the OWNER intends to cause certain improvements to be constructed and to enter into construction contracts and other agreements as necessary. The Owner shall be responsible for the structure of the Bonds and the sale thereof and all costs associated therewith. In the event the sale of bonds for any reason does not occur the Owner shall be responsible for all costs incurred by the City and agrees to hold the City harmless from any liability in connection with such financing. H. Further, the CITY shall approve the Property as a Business District, pursuant to and in accordance with Division 74.3 of Article 11 of the Illinois Municipal Code. The CITY shall impose a service occupation and retailers occupation tax within the Business District of 1/2% on all transactions ("Business District Taxes"). 1. This Agreement has been submitted to the corporate authorities of the CITY for consideration and review, and the corporate authorities have given all notices and taken all actions required to be taken prior to the execution of this Agreement to make this Agreement effective. NOW, THEREFORE, to maintain and revitalize business within the CITY by assuring opportunities for development and attracting sound and stable commercial growth; to promote the public interest and to enhance the tax base of the CITY; to induce the OWNER to undertake the Development Project; in consideration of the OWNER's agreement to undertake the Development Project and the CITY's agreement to issue bonds to pay for or reimburse the OWNER for the costs of causing the construction of certain of the Reimbursable Improvements; and in consideration of the mutual promises, covenants, stipulations and agreements herein contained in this Agreement, the OWNER and the CITY hereby agree as follows: 11 Incorporation of Recitals. (a) The recitals set forth above are incorporated hereby by this reference as if fully set forth herein. (b) Upon application by OWNER or its assigns and submission of a report evidencing eligibility under the Business District Act and the Act, the CITY shall enact all ordinances and execute all agreements to cause the CITY to sell Bonds in the amount of the cost of the Reimbursable Improvements, as hereinafter defined, plus three (3) years of capitalized interest and all costs of issuance attendant thereto, which Bonds on the condition that the Bonds shall be serviced and repaid from (i) the CITY's allocated portion of Sales Tax Revenue generated from the Development Project; (ii) all Business District Taxes allocated to the CITY from the Development Project; and (iii) if necessary, SSA payments assessed against the Development in accordance with the terms of the bond offering, all pursuant to the terns provided in paragraph 3 of this Agreement; (hereinafter referred to as "Incentives"). For purposes of this Agreement a "commercial retail user" shall be any user that collects sales tax as part of its operation. The commercial retailer user shall be referred to as the "Generator". (c) Within sixty (60) days of OWNER's request, the CITY shall hold a public hearing to consider the establishment of the Area, and issuance of the Bonds, to provide funding as hereinafter stated and the levying of a tax on the Area to provide partial repayment of the Bonds, all upon proper publication and mailing of appropriate notice. 2. Economic Incentives. Reimbursable Improvements include but are not limited to the following and estimated to cost in excess of $6,000,000: (a) Significant on-site and off-site drainage issues that can be improved by substantial extra drainage work that was not contemplated by OWNER or CITY being performed on OWNER'S property in an amount not to exceed $ 1 ,300,000. OWNER has agreed to dig out unsuitable materials on its site and fill the same with CA- 1 rock to provide under parking lot stormwater storage to accommodate off-site flows that OWNER had been assured by the CITY in writing it would not originally have to accommodate; and to provide stability for building pads and parking areas. (b) Construction, design, studies, testing, engineering, excavation, hauling, compacting, and all related functions for any portion of any detention facility, or unsuitable soil removal, and de-watering undertaken on-site of the Property. (c) Construction of any intersection, signalization, or other improvements on Eldamain Road and Route 34 as is necessitated by MOT or the CITY for the development of the Property and handling ambient traffic benefiting from said roadway improvements and including the cost of construction design, studies, testing, and engineering, excavation, hauling, compacting, and all related development and construction of roadway facilities, unsuitable soils removal, and any related de-watering.. (d) Extension of city water and sanitary sewer mains to the east boundary of the subject parcel as described in Exhibit "A" along and parallel with Eldamain Road to the east boundary of the Property. (e) Any oversizing of the stormwater, water or sanitary sewer in excess of that amount required to benefit the Property as described in the attached Exhibit "B", and in conformity and not to exceed the oversizing provided in the approved Final Engineering. (f) Any internal street connections required to be oversized as collector streets under the CITY Ordinances to benefit surrounding properties. (g) Any connection to off-site benefiting from the detention stormsewer, sanitary sewer and one-half of the cost of the water to cross Route 34 to connect to adjoining or nearby properties (approximately $40,000), and any additional sums advanced by OWNER to connect to said utilities. (h) In addition to the foregoing, the costs set forth in paragraph 3 .a., plus design and engineering attendant thereto. (i) Costs attributable to the Property pursuant to that certain First Amendment to Recapture Agreement executed April 25, 2006 recorded August 3, 2006 in Kendall County, Illinois as Document Number 200600023728. Sales Tax Revenue Defined. The term Sales Tax Revenue used herein refers to revenues generated by the sale of merchandise from and collected under the Retailer's Occupation Tax, or any other "sales tax" or similar tax that may be enacted by the State of Illinois or any governmental agency or body created under the laws of the State of Illinois, based upon gross sales, and located within the State of Illinois, that is collected from the Generators as a result of business transactions occurring on the Property. In the event that the CITY's share of said sales tax or substitute tax is reduced or increased by the State, then the affected Generator's share thereof shall be reduced or increased in the same proportion. Payment Obligation. The CITY hereby agrees to pay the Bonds no more frequently of than in quarterly installment payments, the timing of which shall coincide as nearly as practical with payments made to the CITY by the Illinois Department of Revenue of sales taxes, within thirty (30) days of receipt by the CITY of the quarterly installments, until repaid in full. The CITY' S use of Sales Tax Revenue to repay Bond obligations shall be limited to one- half ('/z) of the Sales Tax Revenue received by the CITY from the State generated by each Generator on the Property, or any additions to the Property, limited to sixty (60%) percent of said sales tax receipts shall be used to repay principal and interest due on that portion of the bonds utilized to pay the costs noted in paragraph 2(a) above. In addition, the City shall utilize 100% of the Business District Taxes generated from the Property in payment of the Bonds. Should the Sales Tax Revenue and Business District Taxes be insufficient to satisfy the repayment terms of the Bonds, then the balance shall be satisfied from SSA payments assessed against the Development Project as specified in the Bond documents. However, if the CITY no longer receives sales tax revenues from the Generator due to a change in Illinois statutes, then the CITY shall make payments to the OWNER from any alternate sources of revenue provided to the CITY by the State, if any are made, specifically as a replacement or substitute for sales tax revenue presently received by the CITY. Verification of Costs. Following construction of the Reimbursable Improvements, OWNER shall provide the CITY with final lien waivers and sworn contractor affidavit establishing the cost of such improvements. Commencement Date and Term. The terms of this Agreement shall be for Twenty (20) years, commencing from the date of an executed lease by a tenant in the development project provided said lease is executed within two (2) years of the date of this Agreement. otherwise, this Agreement is null and void. In order to comply with the terms of this Agreement, OWNER shall require in writing all tenants in the Property and to any subsequent purchasers of any portion of the Property to direct the Illinois Department of Revenue to provide the CITY with a breakdown of sales tax being remitted to the CITY for each commercial retailer on-site. In the event OWNER or a commercial retailer fails to provide the CITY with written authority for release of said information from the Illinois Department of Revenue the CITY shall have no duty utilize sales tax proceeds from that commercial retailer in satisfying bond obligations. 4. Assignability. 1 ) It is expressly agreed and understood by the parties to this Agreement that the benefits contemplated in this Agreement are assignable at the option of the OWNER. Upon the written assignment by the OWNER, assignee shall have all rights currently vested in the OWNER under this Development Agreement and applicable law, and shall be entitled to enforce same by any legal or equitable remedy. If any portion of the Property is sold by the OWNER, OWNER shall be entitled to continue to receive payments for Reimbursable Improvements pursuant to this Agreement unless specifically assigned by the OWNER. Each successor owner shall take title subject to the attendant SSA payment obligations allocated to said property pursuant to the terms of the bond offering. 2) OWNER may assign a portion or all of its rights under the terms of this Agreement to any future developers, owners, or institutions or individuals providing financing for the Improvements. 5. Reimbursement Procedures. Sales Tax Reports. OWNER agrees to request all Generators to execute and deliver to the CITY a written direction, in form and content acceptable to the CITY and the Illinois Department of Revenue ("DOR"), authorizing the DOR to release to the CITY the sales tax figures for the Generator, on a quarterly basis and during the tern of this Agreement. The CITY agrees to take the necessary action to initiate the transaction. Should the DOR cease to release the sales tax information to the CITY on a quarterly basis, OWNER and all Generators shall be responsible to take further action to obtain the sales tax information from the DOR or shall be responsible for submittal of the sales tax information from the DOR or shall be responsible for submittal of the sales tax information as provided for in the next paragraph of this Agreement. In the event the DOR fails to submit to the CITY the quarterly sales tax information for any Generator as provided for in Section A above, OWNER shall attempt to cause Generators to, contemporaneous with the filing of sales tax reports with the DOR or successor agency, furnish to the CITY copies of any and all sales tax returns, sales tax reports, amendments, or any other paper filed with the State of Illinois, said DOR or other appropriate governmental entity, pertaining to the Generators, and certified as being true and correct, which documents are being provided to the CITY for purposes of identifying Sales Tax Revenues. Confidentiality. The CITY acknowledges and agrees that information to be provided by Generators hereunder are proprietary and valuable information and that any disclosure or unauthorized use thereof will cause irreparable harm to OWNER and/or OWNER's affiliates and/or Generator and/or Generator's affiliates, and to the extent permitted by state of federal law, including but not limited to Section 7(1)(g) of the Illinois Freedom of Information Act, the CITY agrees to hold in confidence all sales figures and other information provided by OWNER or Generators or obtained from OWNER's or Generator's records in connection with this Agreement, and in connection therewith, the CITY shall not copy any such information except as necessary for dissemination to the CITY' s agents or employees as permitted hereinafter. The CITY shall be permitted to disclose such information (i) to its agents or employees who are reasonably deemed by the CITY to have a need to know such information for purposes of this Agreement; provided, that such agents and employees shall hold in confidence such information to the extent required of the CITY hereunder or (ii) to the extent required by order of court or by state of federal law. The confidentiality requirements of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind the CITY, its successors, assigns and legal representatives for a period of five (5) years from the termination, expiration or cancellation of this Agreement. All Generators shall be treated as third party beneficiaries to this Confidentiality provision. 6. Audit. Each payment by the CITY to OWNER shall be accompanied by a statement executed by the City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and identifying the sales tax return period to which the payment relates. The City Treasurer or the Treasurer' s designee shall further issue a statement setting forth all payments made to date to OWNER. OWNER shall have one (1) year following the receipt of said payment to contest any of the calculations or information contained in said statements. OWNER shall have the right to review all sales tax reports provided to the CITY by the State relating to any Generator upon two days written request by OWNER. 7. Default/Right to Cure. No party shall be deemed in default hereunder until such Party has failed to cure the alleged default with ten (10) days in the case of a monetary default, or within thirty (3 0) days in the case of a non-monetary default, from written notice of such default from the other Party; provided, however, if the nature of such non-monetary default is such that it cannot reasonably be cured within such thirty (30) days period, then such Party shall not be deemed in default if such Party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In the event of a default and except as may be otherwise provided herein to the contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the defaulting party, recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as may be otherwise expressly provided to the contrary herein, seek specific performance of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the parties declare it to be their intent that this Agreement may be specifically enforced); or (iii) pursue all other remedies available at law, it being the intent of the parties that remedies be cumulative and liberally enforced so as to adequately and completely compensate the non- defaulting party. 8. No Oblieation to Develop, Open or Operate. Nothing contained in this Agreement shall be deemed to obligate OWNER, Generator or any of Generator's affiliates to construct any improvements on the Property or to open or operate any form of business in the Property for any period of time or at all. 9. Additional Covenants. Existing Development Agreement Contingency. The parties acknowledge that they have entered into a Development Agreement for improvements with respect to the subject property. The OWNER/DEVELOPER consents and agrees to comply with the terms of this said Agreement and default thereunder shall constitute a default hereunder. Time. Time is of the essence unless otherwise stated in this Agreement and all time limits set forth are mandatory and cannot be waived except by a lawfully authorized and executed written waiver by the party excusing such timely performance. Binding Effect. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the CITY does not have the power to perform any such provision, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Notices. All notices and requests required pursuant to this Agreement shall be sent by certified mail as follows: To Owner: Main Street Commercial Partners Attn: Tim Tynan 372 River Ridge Road Elgin, IL 60123 To Owner's Attorney: Stahl Cowen Crowley Addis LLC 55 W. Monroe Street, Suite 1200 Chicago, IL 60603 Attn: Jeffrey J. Stahl To City: City of Yorkville 800 Game Farm Road Yorkville, IL 60560 With copies to: Kathleen Field Orr 800 Game Farm Road Yorkville, IL 60560 Authority to Execute. The signatories of the parties hereto warrant that they have been lawfully authorized by the City Council of the CITY and the Board of Directors of DEVELOPER, to execute this Agreement on their behalf. Attorneys' Fees. If a party commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party to be fixed by the court in the same action. Relationship of the Parties. Nothing herein shall be deemed or construed by the Parties or by any third party as creating the relationship of principal and agent or of partnership of or joint venture between the Parties, it being understood and agreed that no provision herein, nor any acts of the parties, shall be deemed to create any relationship between the parties. Remedies Not Exclusive. Except as may be otherwise expressly provided herein, the various rights and remedies herein contained and reserved to each of the parties, except as herein otherwise expressly provided, are not exclusive of any other right or remedy of such party, but are cumulative and in addition to every other remedy now or hereafter existing at law, in equity or by statute. No delay or omission of the right to exercise any power or remedy by either party shall impair any such right, power or remedy or be construed as a waiver of any default or non- performance or as acquiescence therein. IN WITNESS WHEREOF, this Agreement is entered into at United City of Yorkville, Illinois, as of the date and year shown above. UNITED CITY OF YORKVILLE, MAIN STREET COMMERCIAL PARTNERS an Illinois Municipal Corporation, By: By: MAYOR Manager Attest: Attest: CITY CLERK Dated: Dated Prepared by and return to: Stahl Cowen Crowley Addis LLC 55 West Monroe Street Suite 1200 Chicago, Illinois 60603 Attention: Jeffrey J. Stahl, Esq. (312) 641 -0060 Reviewed By: Agenda Item Number J= T Legal ❑ EST. 1836- Finance E] Engineer ❑ Tracking Number O y City Administrator ❑ Consultant ❑ EDC 2008- 37 CCE ,Vv Agenda Item Summary Memo Title: Action Plan for City Council Goal `Open Space Acquisition' Meeting and Date: C,J W�Ctj ° 9�d+0Icw Synopsis: Request for approval of the Action Plan prepared for`Open Space Acquisition' City Council Goal Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Action Plan Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached Action Plan `,��o c�rr ,2 O� Memorandum To: EDC esr 1 h 1 1836 From: Bart Olson, Assistant City Administrator CC: �� L'- \ p Date: August 5, 2008 . , Subject: Action plan for open space acquisition CE Action Plan for Implementation step Action Necessary Party Responsible Timeline Identify the preferred means of property City Council acquisition and maintenance. (i.e. Plan Commission conservation easements, property leasing, United City of Yorkville Staff 1 public acquisition, private acquisition, United City of Yorkville Parks & Rec. 6 months etc.) United City of Yorkville Residents Yorkville Green Committee Identify potential funding sources Consultant (grant writer) 2 dependent upon ownership and 3 months maintenance structure (see Section 1 Goal l 06'ective Iforfunding procedure) 3 Secure necessary financing for purchase Consultant (grant writer) OR ONGOING Dependent upon o ership structure City Acquisition of Land: City Council 4-A Educational program for residents about Plan Commission 4 months land acquisition by ublic entities United City of Yorkville Staff City Acquisition of Land: City Council Establish criteria for prioritizing land Plan Commission delineated by the Open Space United City of Yorkville Staff 4-g Opportunities Map for purchase United City of Yorkville Parks & Rec. 3 months United City of Yorkville Residents Yorkville Green Committee City Acquisition of Land: City Council Prioritize the land available for which to Plan Commission obtain and identify most appropriate United City of Yorkville Staff 4-C ownership and maintenance structure United City of Yorkville Parks & Rec. 4 months United City of Yorkville Residents Yorkville Green Committee 4-D City Acquisition of Land: City Council ONGOING Acquire land Maintenance of land for use by the public United City of Yorkville Parks & Rec. 5 (dependent upon agency in ownership) Kendall County Forest Preserve ONGOING Conservation Foundation If preferred means of acquisition does not United City of Yorkville Staff 6 involve city purchase, provide data on ONGOING available lands and priority given to them to other agencies Reviewed By: Agenda Item Number Legal ❑ M 11 /-/ EST. , 1836 Finance ❑ \� Engineer ❑ Tracking Number .. y City Administrator ❑ y _ 0 Consultant E❑ At)M c?co- 75 <LE Agenda Item Summary Memo Title: June Treasurer's Report Meeting and Date: cowl(A - $Ia✓u108 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Pre Audit Financial Summary As of June 30, 2008 FY FY Beginning June June Ending FYTD Budgeted FYTD Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General * 21295,423 792,404 958,596 2,129,232 951,743 12,731,770 1,447,373 13,331,770 11 Fox Hill SSA - 335 2,701 (2,366) 335 6,376 2,701 6,376 12 Sunflower SSA - 918 11857 (939) 918 15,925 1,857 15,925 15 Motor Fuel Tax 373,799 644 41281 370,162 1,351 614,520 6,360 614,520 16 Municipal Building (512,356) 41450 150 (508,056) 6,950 100,000 482 100,000 20 PD Capital 202,965 7,810 242 210,533 13,510 337,148 242 337,148 21 PW Capital 520,095 25,700 38,371 507,424 38,500 386,000 38,371 358,600 22 Parks & Rec Equip Capital 43,375 11450 - 44,825 1,450 64,948 - 64,948 23 City Wide Capital 24,989 10,400 100,000 (64,611) 36,100 1,315,000 100,711 1,155,000 42 Debt Service * (234,982) 2,425 87,262 (319,820) 4,699 484,524 87,262 484,524 51 Water Ups. & Imprv. * (1,588,920) 363,982 241,647 (1,466,586) 428,820 14,644,483 461,793 14,636,857 52 Sewer * 5,991,587 178,778 325,410 5,844,955 241,985 3,674,383 338,037 4,022,160 72 Land Cash (539,314) 11,159 - (528,155) 14,338 844,489 - 1,020,000 79 Parks & Recreation * 8,264 255,867 140,471 123,660 366,639 11763,798 261,933 11805,547 82 Library * 869,288 3,770 256,295 616,764 23,365 11742,519 285,953 1,742,519 85 Fox Industrial 175,651 26,264 - 201,915 26,465 174,854 7,778 174,854 87 Countryside TIF Project 21815,945 4,189 - 2,820,135 8,959 2,931,390 71,434 2,931,390 88 Downtown TIF 28,372 7,195 - 35,567 7,195 56,693 - 56,693 95 Trust & Agency 22,262 816,433 - 838,695 838,695 - - - Totals 10,496,445 2,514,173 2,157,283 10,853,335 3,012,017 41,888,820 3, 112,285 42,858,831 Note: Revenue deficit to be offset with fund bahmce. 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 as of the date delged herein. Full detail information is available in the Finance Departm Restated beginning balance William Powell, Treasurer Fund Balance Reserve Jun-08 May-08 A r-OS Maz-08 Feb-08 Jan-08 Dec-07 Nov-07 General Fund 18.74% 17.35% 17.35% 18.24% 20.94% 22.23% 26.34% 22.37% Water Ups. & Im rv. -10.02% -9.76% 31.97% 25.09% 31.05% 22.82% 30.30% 18.32% Sewer G s. & Im rv. 145.32% 149.34% 156.73% 72.89% 78.59% 59.57% 63.73% 41.04% Combined Fund Balance 21.70% 21.80% 25.50% 21.50% 24.80% 24.00% 28.50% 22.80% Prepared by: Jennifer Milewski-Deputy Treasurer `��p Clry Reviewed By: Agenda Item Number Legal ❑ C lC �i Finance ❑ EST 1836 Engineer ❑ Tracking Number < I® y City Administrator ❑ 09 Consultant ❑ fkDM a�$--7b NanauceunN ❑ '<c E Agenda Item Summary Memo Title: Bad Debt Update Meeting and Date: c i Fy Comm - V I'Mo8 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: z Memorandum To: Chairman Munnsv Esr. �aae From: Susan Mika, Finance Director CC: Brendan McLaughlin, City Administrator ® 11 ' ,IP4 Date: August 4, 2008 "'c W �.`' Subject: Bad Debt ®<tE Attached are two spreadsheets that show what the City has written off as bad debt. The first spreadsheet reflects last year's bad debt and the FY 09 is what we have written off for this fiscal year so far. To date, we have not received any "recovered" monies that we have written off. Please review this information and let me know if you have any questions. Thank you. UNITED CITY OF YORKVILLE KENDALL COUNTY, IL FY 09 BAD DEBT Date Account Number Debtor Description Amount 6/19/2008 01-000-10-00-1000 Kritzberg Development Depo Inv. 10526 233.76 6/19/2008 01-000-10-00-1000 Kritzberg Development Schoppe Inv. 10704 95.00 6/19/2008 01-000-10-00-1000 Kritzberg Development Kramer Inv. 1 680.00 6/26/2008 01-000-10-00-1000 Yorkville Post Office Tapco Inv. 250165 157.86 6/26/2008 01-000-10-00-1000 Yorkville Past Office Kramer Inv. 8 90.00 1,256.62 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL FY 08 BAD DEBT Date Account Number Debtor Description Amount 2/20/2008 01-000-78-00-9099 Clear Payroll Liab from prior years errors 23,349.22 5/1/2008 01-000-78-00-9099 UB Receivable adjustment 11502.34 5/1/2008 51-000-78-00-9099 UB Receivable adjustment 33,936. 14 5/1/2008 52-000-78-00-9099 UB Receivable adjustment 31016. 18 5/1/2008 01-000-78-00-9099 UB accounts Write Off 774.24 5/1/2008 51-000-78-00-9099 UB accounts Write Off 28,973.01 5/1/2008 52-000-78-00-9099 UB accounts Write Off 11641.40 5/10/2008 01-000-78-00-9099 Ocean Atlantic 500,000.00 593, 192.53 ``ED ClT� Reviewed By: Agenda /Item Number J2 a ® Legal ❑ �/ t 41 C� " Finance ❑ EST. ', 1836 Engineer El-�` Tracking Number 04 y City Administrator ❑ ®� O` Consultant ❑ ❑ ADM 2008-77 <LE Agenda Item Summary Memo Title: Resolution Approving Revised Salary Schedule for Senior Accountant Meeting and Date: City Council - Aug. 26, 2008 Synopsis: The position of Senior Accounting Clerk will be re-titled as Senior Accountant and the salary range adjusted accordingly. 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: See attached memo. o Memorandum J p � oa To: Chairman Maims ESL yeas From: Susan Mika, Finance Director 04 ~ CC: Mayor Burd, Brendan McLaughlin, City Administrator ® " p Date: August 7, 2008 9M . Subject: Proposed Senior Accountant Position CE For the last three months, I have been evaluating the Finance staff s work load as well as their complaints. Because of budget constraints, the hiring of the Assistant Finance Director has been eliminated from the budget from both last fiscal year and this fiscal year as well as the part time intern. With the recent resignation of the Senior Accounting Clerk, I would like to request to upgrade this current position from Senior Accounting Clerk to Senior Accountant. The job description itself is going to change to add the following responsibilities: ➢ Handling the Police Pension reconciliations/transactions which will add about 5-8 hours a month ➢ Assist with the City's annual financial audit ➢ Perform duties as directed by the City Treasurer to assist him ➢ Create and maintain an Accounting procedures manual ➢ Prepare TIF reports ➢ Purchasing experience to ensure department heads are following the Purchasing policy There is a need for an individual with a strong Accounting background so that they can assist the Finance Director with more in depth and detailed analyses. We are continuing to receive an increase in the number of requests in relation to the Special Service Areas that is requiring more of our attention than before. There is also a need as well for an individual to help the current Accounting staff to keep the momentum flowing. The person who would be in this Senior position will rely on the two Clerks to complete daily entries in a timely manner so that he or she would be able to complete their own analyses. Quite a number of reports that are generated by the Finance department are time sensitive, and the City's financial status has to be kept up to date. An experienced Senior Accountant would help ensure that the department will continue to run efficiently. The current salary range for the Senior Accounting Clerk is $37,320 to $50,575. I would like to request to shift that range to $42,320 to $55,575 . 1 have researched what other municipalities are paying for someone in this range and what I am asking us to offer is comparable. Please review this information and let me know if you have any questions or concerns about my request. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION APPROVING A REVISED SALARY SCHEDULE FOR THE POSITION OF SENIOR ACCOUNTANT WHEREAS, the Mayor and City Council of the United City of Yorkville have previously established the position of Senior Accounting Clerk with a salary range of $37,320 to $50,575 and after careful consideration have found and deemed it necessary for the benefit of the United City of Yorkville to revise this job title and salary range; and WHEREAS, the Mayor and City Council have determined that the title of Senior Accounting Clerk will be changed to Senior Accountant and the new salary range for this position will be $42,320 to $55,575; and WHEREAS, the Mayor and City Council have determined that they desire to update the Salary Schedule, and NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville that 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 ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR EXHIBIT "A" REVISED SALARY SCHEDULE Position Name Low High Accounting Clerk 1 $33, 131 $46,714 Administrative Assistant $36,795 $49,907 Administrative Secretary $36,933 $49,605 Assistant City Administrator $66,922 $92,955 Chief of Police $75,143 $99,605 City Administrator $87,331 $116,632 City Engineer $65,402 $90,802 City Parks Designer $42,025 $58,425 Civil Engineer $58,390 $80,511 Community Development Director $733800 $98,084 Community Relations Officer $51550 $72,170 Director of Public Works $70,839 $94,137 Engineering Administrative Assistant $38,433 $53,162 Engineering Technician $45,296 $56,672 Executive Assistant to the Police Chief $44,075 $58,425 Finance Director $70,279 $94,499 Foreman $46,689 $62,485 GIS Coordinator $48,681 $67,920 Human Resources Manager $45,481 $64,224 IT Specialist $59,147 $82,806 Janitor $303947 $43,891 Maintenance Worker 1 $34, 112 $459249 Maintenance Worker II $37,814 $52,358 Operator $41 ,220 $54,067 Parks and Recreation Director $71 ,216 $92,782 Police Lieutenant $63,736 $86,584 Police Records Clerk $29,536 $43,891 Police Records Supervisor $34,948 $49,376 Police Sergeant $58,727 $74,826 Program Supervisor $32,887 $52,668 Receptionist $28,227 $37,963 Recreation Coordinator $32,887 $523668 Senior Accountant $42,320 $55,575 Senior Engineering Technician $46,471 $65,233 Senior Planner $443945 $63,595 Superintendent of Parks $47,663 $71 ,750 Superintendent of Recreation $44,544 $68,138 Urban Planner $42,025 $58,425 Utility Billing Clerk $31 ,728 $43,891 `,k D C4 Reviewed By: Agenda Item Number J� T Legal ❑ CR } EST. _ -: teas Finance ❑ Engineer ❑ WOE T , tq City Administrator Tracking Number '20 Police ❑ CE `��> Human Resources ❑ AL) M ad D 8 - toy Public Works ❑ City Council Agenda Item Summary Memo Title: Ordinance amending Ordinance 2008-58, the Governing Ordinance City Council / Committee Agenda Date: August 26, 2008 Synopsis: Amendment to address how a special City Council meeting may be cancelled in the event that the meeting was called by three aldermen. Council Action Previously Taken: Date of Action: June 2008 Action Taken: Approved Ordinance 2008-58 Item Number: Type of Vote Required: Majority Council Action Requested: Recommendation of approval by the Administration Committee Submitted by: Bart Olson Administration Name Department Agenda Item Notes: STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- 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, on April 22, 2008 as Ordinance 2008-27, and on June 24, 2008, as Ordinance 2008-58A, 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, 1 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 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 1. Ethical Standards — Elected Officials of the United City of Yorkville: 2 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. 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 3 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. 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 2"d and 4`h Tuesday's of each month at 7:00 p.m. in the City Hall Council Chambers. 4 B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldennen, 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, 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. 5 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 (10th 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) 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 (10h 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 Tern pursuant to the Mayor Pro Tern 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-tern 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. 6 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. 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., I. 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. III. 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: 7 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 alderman, and so on. hi 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. hi 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 8 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 Y. Cancellation of a Meeting: A. Regularly scheduled City Council Meetings or Special Meetings called by the Mayor may be cancelled by the Mayor if there is not a quorum of the members present. B. Special Meetings called by three (3) aldermen may be cancelled by one (1) of the three (3) aldermen that called the meeting if there is not a quorum of the members present or for any other reason. C. Committee Meetings may be cancelled by the Chairman of the committee if there is not a quorum of the members present. D. Cancellation of any of the meetings referenced in this Section requires notice by the person canceling the meeting to the City Clerk, all scheduled attendees, and all news media that has filed an annual request with the City Clerk. E. Lack of a quorum for any meeting prohibits proceeding with the meeting, but permits discussion solely of agenda items so long as no prior notice of cancellation has been issued.. 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 JOE PLOCHER WALLY WERDERICH MARTY MUNNS ROSE SPEARS BOB ALLEN 9 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. Mayor Attest: City Clerk 10 OA United City of Yorkville WATER DEPARTMENT REPORT �9r{ raw � o MAY 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 205 21998,000 4 1393 622 270 13,339,000 7 1500 883 555 41602,200 8 1500 861 476 34,000 9 1500 1125 580 31,214,000 TOTAL 47,585,000 CURRENT MONTH'S PUMPAGE IS 1,395,200 GALLONS LESS THAN LAST MONTH 15 199 400 GALLONS LESS THAN LAST MONTH DAILY AVERAGE PUMPED: 1,541 ,500 GALLONS DAILY MAXIMUM PUMPED: 2,338,700 GALLONS DAILY AVERAGE PER CAPITA USE: 102.7 GALLONS WATER TREATMENT CHLORINE FED: 1248.3 LBS. CALCULATED CONCENTRATION : 33 MG/L FLUORIDE FED: 637.4 LBS. CALCULATED CONCENTRATION : 0.28 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLUURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION : 1 . 1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 8 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS MXU'S: 3 RESIDENTIAL: 27 COMMERCIAL: 4 INDUSTRIAL/GOVERNMENTAL: COMMENTS CA # United City of Yorkville En 1 �- m WATER DEPARTMENT REPORT JUNE 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 3,6141000 4 1393 622 269 12,750,000 7 1500 883 554 41854,000 8 1500 861 478 34,000 9 1500 1125 581 34, 177,000 TOTAL 42,679,000 CURRENT MONTH'S PUMPAGE IS 4,906,200 GALLONS LESS THAN LAST MONTH 21 ,929,600 GALLONS LESS THAN LAST MONTH DAILY AVERAGE PUMPED: 1,734,800 GALLONS DAILY MAXIMUM PUMPED: 2,560,800 GALLONS DAILY AVERAGE PER CAPITA USE: 115.7 GALLONS WATER TREATMENT CHLORINE FED: 1399.6 LBS. CALCULATED CONCENTRATION : 35 MG/L FLUORIDE FED: 738.7 LBS. CALCULATED CONCENTRATION : 0.31 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLUURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION: 1.05 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 2 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 MXU'S: 0 NEW CUSTOMERS RESIDENTIAL: 22 COMMERCIAL: 4 INDUSTRIAL/GOVERNMENTAL: COMMENTS 12" Plug blew out of a tee while doing a pressure test at the Kendall County Court House. Reviewed By: Agenda Item Number Legal ❑ G' la Finance EST ` 1836 Engineer p,�� 3�1°� _. U Tracking Number 4 City Administrator ❑ 9 x`20 Consultant ❑❑ PW 19ma- 103 <kE Agenda Item Summary Memo Title: Grande Reserve Shared-Use Path-Change Order#1 Meeting and Date: b! ' bu n Ci - N,2lo j D$ Synopsis: This is the final balancing change order in the amount of a$12,700.95 decrease. 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: `,�tiD C/Ty ,= 4 0 46 Memorandum EST. 1836 To: Brendan McLaughlin, City A im trator From: Joe Wywrot, City Engineer U 9 p CC: Dave Mogle, Director of Patks Recr lion Lisa Pickering, Deputy City Clerk <CE \�• Date: July 31 , 2008 Subject: Grande Reserve Shared-Use Path — Change Order #1 Attached find one copy of proposed Change Order # I for the referenced project. This change order, in the amount of a $ 12,700.95 decrease, is the final balancing change order for this project. Most plan quantities came in very close to our original estimates. Two large decreases were for subgrade repair and landscape restoration. We found the existing subgrade to be in good condition, therefore subgrade repair was not needed. The contractor did an excellent job of minimizing the area of disruption, resulting in a nearly 80% reduction in the landscape restoration quantity. I recommend that this change order be approved. Please place this item on the Public Works Committee agenda of August 19, 2008 for consideration. UNITED CITY OF YORWLLE Project: Grande Reserve Shared-Use Path Change Order No. 1 (FINAL) Contractor: DeKalb Paving, Inc. Date: 25-Jul-08 Address: 16847 Route 23 Dekalb, IL 60115 Awarded Final Difference in No. Item Quantity Quanti Difference Unit Unit Price Cost 1 Earthwork 1 1 0 LS $3, 160.00 $0.00 2 Subgrade Repair 160 0 -160 TON $42.00 ($6,720.00) 3 Geotechnical Fabric for Ground Stabilization 2625 2625 0 SY $1 .20 $0.00 4 Aggregate Base, 8" 1065 1226.05 161 .05 TON $15.50 $2,496.28 5 Bituminous Surface Course, 2" 275 269.67 -5.33 TON $74.00 ($394.42) 6 Butt Joint 10 10 0 LF $10.00 $0.00 7 Slice Existing Curb 28 28 0 LF $10.00 $0.00 8 Detectable Warnings 125 125 0 SF $20.00 $0.00 9 Landscape Restoration 4600 926 -3674 SY $2.20 ($8,082.80) Total change: ($12.700.95) Contract Award Amount: $62,887.50 Plus Previous Change Orders: $0.00 Revised Contract Amount: $50, 186.56 Recommend for Approval:— -- ��e Date: Z 12S 1�a ity of Yo ville Approved: Date: DeKalb Paving, Inc. Approved: Date: City of Yorkville CIP Reviewed By: Agenda Item Number 'D o T Legal ❑ �}� Esr. Finance 1836 ❑ Engineer Tracking Number -4 — y City Administrator ❑ 0S1a Consultant ❑ P kil a CC%8-!Oq LE Agenda Item Summary Memo Title: Goodwill Store (481 E. Countryside Parkway)—Acceptance of Public Improvements& LOC Reduction#1 Meeting and Date: VOLLA6l Synopsis: This bill of sale transfers ownership of the public improvements constructed as part this development. The LOC reduction is based on acceptance of the public improvements. 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: clp _AA p� Memorandum 4 EST. `, 1836 To: Brendan McLaughlin, City A 'nistrato ® From: Joe Wywrot, City Engineer 9 p CC: Lisa Pickering, Deputy City Cl r <CE ��'v Date: August 8, 2008 Subject: Goodwill Store (481 E. Countryside Parkway) Acceptance of Public Improvements & LOC Reduction #1 Attached find the Bill of Sale for the public improvements associated with this development. All testing has been performed and the punchlist is complete. I recommend that the public improvements for watermain, sanitary sewer, and storm sewer as described in the Bill of Sale be accepted for ownership and maintenance by the city. Corresponding to final acceptance is a letter of credit reduction to 10% of the value of the public improvements. I recommend that US Bank Letter of Credit No. SLCWMIL02396 be reduced by the amount of $499,778.00. The remaining amount of the letter of credit would be $5,222.00, and would remain in place during the one-year warranty period. Please refer to the attachment for details. Please place this item on the Public Works Committee agenda of August 19, 2008 for consideration. — -- BILL OF SALE Seller, Goodwill Industries of Southeastern Wisconsin, Inc. of Milwaukee County, Wisconsin, in consideration of One and No/100 Dollar ($ 1 . 00), receipt hereby acknowledged, does hereby sell, assign, transfer and convey to the Buyer, The United City of Yorkville, an Illinois municipal corporation, at 800 Game Farm Road, Yorkville, Illinois 60560, the following personal property to wit described in Exhibit A attached hereto. Seller hereby represents and warrants to Buyer that Seller is the absolute owner of said property, that said property is free and clear of all liens, charges and encumbrances, and that Seller has full right, power, and authority to sell said property and to make this Bill of Sale. IN WITHNESS WHEREOF, Seller has signed and sealed this bill of sale at 6055 North 91 't Street, Milwaukee, WI 53225, this day of TUT, 2008 . GOODWILL INDUSTRIES OF SOUTHEASTERN WISCONSIN, INC. Charles J. Stadler Vice President/Finance and Chief Financial Officer STATE OF WISCONSIN ) COUNTY OF MILWAUKEE ) On this 2 S day of A44s , 2008, before me a Notary Public within and for said County and State, per nall appeared Charles J. Stadler, to me personally known, who being by me duly sworn did say that he is the Vice President/Finance and Chief Financial Officer of Goodwill Industries of Southeastern Wisconsin, Inc., the corporation named in the foregoing instrument, and that the instrument was signed on behalf of the corporation by authority of its Board of Directors and Chuck Stadler acknowledged the instrument to be the free act and deed of the corporation. ' �� BRO(,I; ' ., 9/I.GG•U.'Ga(. b'{�f �?2�iirh� �Q • '' "' �' Notary Public Milwaukee County S1; col BY My Commission is permanent pu'av •'off",: sTgT• . ...��SO�: OF EXHIBIT A 800 Game Farm Road Construction Items Water Main Construction Unit Quantity 8" DIP Water Main LF 725 Fire Hydrant - — — Each 2 8" Gate Valve in Vault Each 1 8" Tapping Valve in Vault Each 1 8" Gate Valve in Box Each 1 Sanitary Sewer Construction Unit Quantity 8" PVC Sanitary Sewer, SDR 26 Foot 200 Sanitary Manhole Each 2 Storm Sewer Construction Unit Quantity 30" RCP Storm Sewer LF 168 18" RCP Storm Sewer LF 253 18" Flared End Section Each 1 Storm Manhole Each 3 MILE Ij Goodwill Store 481 E, Countrystde Pkwy FF Public Infrastructure conveyed tQ Ctty FF Public Watermatn Z3 11 O Public Sanitary Sewer DIY 'S Public Storm Sewer ,�g ro W WT]m BL"" m FM MB Fm Ej FF 10 AP Afll f0 -------- ----- -- --- ---------- ------- City of Yorkville 8-Aug-08 Letter of Credit/Bond Reduction Subdivision: Goodwill Store - 481 E. Countryside Parkway Reduction No. 1 Bond/LOC No. US Bank - LOC #SLCWMIL02396 Theoretical Actual LOC/Bond Approved Original amount Original amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond for LOC/Bond to Reduction No. 1 Reduction No. 1 after Red. No. 1 Earthwork $34,765.00 $38,241 .50 $38,241 .50 $34,765.00 $383241 .50 $0.00 Erosion Control $72773.00 $82550.30 $8,550.30 $7,773.00 $83550.30 $0.00 Public Sanitary $8,400.00 $93240.00 $93240.00 $80400.00 $83400.00 $840.00 Private Sanitary $13,941 .00 $15,335. 10 $15,335. 10 $13,941 .00 $153335. 10 $0.00 Public Watermain $26,675.00 $29,342.50 $29,342.50 $26,675.00 $26,675.00 $2,667.50 Private Watermain $8,218.00 $9,039.80 $9,039.80 $81218.00 $9,039.80 $0.00 Public Storm Sewer $170145.00 $18,859.50 $18,859.50 $17,145.00 $17, 145.00 $12714.50 Private Storm Sewer $45,861 .00 $50,447. 10 $50,447. 10 $45,861 .00 $50,447. 10 $0.00 Pavement $1853831 .00 $2045414. 10 $2042414. 10 $185,831 .00 $204,414. 10 $0.00 Landscaping $67,500.00 $74,250.00 $743250.00 $67,500.00 $74,250.00 $0.00 Lighting $42,900.00 $47, 190.00 $47,280. 1 $42,900.00 $47.280. 10 $0.00 Totals $459,009.00 $504,909.90 $505,000.00 $4593009.00 $499,778.00 $52222.00 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance for public improvements. c) Manual input required for cells highlighted in yellow. C/p` Reviewed By: Agenda Item Number J2 T Legal ❑ Finance ❑ EST. , 1836 ��108 \� Engineer Tracking Number 0 y City Administrator 9 ��O Consultant ❑ ra�S� _ �� <LE ��'� ❑ Agenda Item Summary Memo Title: 2008 Crack Filling—Change Order 41 and Supplemental MFT Appropriation Resolution Meeting and Date: 6�1 council - ?la L /©S I Synopsis: Change Order 41 in the amount of a$1084.25 increase and the MFT appropriation resolution in the amount of$373.60 are based on final measured quantities. 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: c1p. ,2 Memorandum esr. 1836 To: Brendan McLaughlin, City A r � ®I, y From: Joe Wywrot, City Engineer VIP 9 - C"Wj� CC: Sue Mika, Finance Director O <C c;�`� Lisa Pickering, Deputy City Clerk Date: August 4, 2008 Subject: 2008 Crack Filling — Change Order #1 and Supplemental MFT Appropriation Resolution Attached find one copy each of proposed Change Order #1 and a supplemental MFT appropriation resolution for the referenced project. These documents are part of the final paperwork for this project. Change Order #1 is in the amount of a $ 1084.25 increase, and is based on final measured quantities. The contract award amount was $25,289.35 . The final project cost was $26,373.60, which is about 4% above the award amount. Two previous MFT appropriation resolutions were passed by the City Council for this project. The original resolution was adopted prior to receiving bids in the amount of $23,000. The second appropriation resolution was adopted after bids were opened in the amount of $3,000. We need to appropriate an additional $373.60 of MFT funds to pay for the project. I recommend that Change Order #1 in the amount of a $1084.25 increase and the supplemental MFT appropriation resolution in the amount of $373 .60 be approved. Please place this item on the August 19, 2008 Public Works Committee agenda for consideration. UNITED CITY OF YORKVILLE 2008 Joint & Crackfilling Change Order No. 1 (FINAL) SKC Construction, Inc. Date: 4-Aug-08 PO. Box 503 West Dundee, Illinois 60118 Awarded Final Difference in No. Item Quanti Quantity Difference Unit Unit Price Cost 1 Crackfilling 20,712 21 ,600 888 LB $1 .221 $1 ,084.25 Total change: $1 ,084.25 Contract Award Amount: $252289.35 Plus Previous Change Orders: 0.00 Revised Contract Amount: $262373.60 Recommend for Approval: Date: City of Yorkville Approved: Date: SKC Construction, Inc. Approved: Date: City of Yorkville Supplemental Minds � IYIE'nt Resolution for Maintenance of of Tran ortaUon Streets and Highways by Municipality � Under the Illinois Highway Code BE IT RESOLVED, by the City Council of the (Council or President and Board of Trustees) United City of Yorkville Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $373.60 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 1 , 2008 (Date) to April 30, 2009 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Ottawa Illinois. I, Jacquelyn Milschewski Clerk in and for the United City (City, Town or Village) of Yorkville County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council at a meeting on (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Clerk (City, Town or Village) Approved Date Department of Transportation Regional Engineer Printed 814/2008 BLR 14230 (Rev. 11/06) ♦��D C/py Reviewed By: Agenda Item Number ZO T Legal ❑ Nk 13 EST. , 1836 Finance ❑ Engineer F4� Tracking Number G 0 y City Administrator ❑ 9 x. =O Consultant ❑ <LE `VV Fl Agenda Item Summary Memo Title: McHugh Road Roadway Improvements—Change Order 41 Meeting and Date: M-� l w n Li 1 - 310to lb3 Synopsis: This change order is to provide fiberglass mat instead of red concrete detectable warnings. 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: C/TY = o Memorandum esr 1836 To: Brendan McLaughlin, City dministra r 1®I y From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City erk Jackie Dearborn, Civil Engineer <kE Date: August 12, 2008 Subject: McHugh Road Roadway Improvements — Change Order #1 Attached find one copy of proposed Change Order #1 for the referenced project. This change order, in the amount of a $2,040.30 increase, is for providing fiberglass mat detectable warnings for this project. This project was bid calling for red concrete sidewalk with a truncated dome stamp at all roadway crossings per Illinois ADA requirements. This section of sidewalk, called a "detectable warning", provides a warning to sight-impaired individuals that they are nearing a roadway. We have been seeing a general trend away from concrete detectable warnings because the domes created when the stamp is applied tend to break off after a few years. Many communities now use a mat that is pressed into the fresh concrete. The proposed unit price from the contractor for the mat insert is competitive, and therefore I recommend approval. Due to the timing of the project, this work has already been performed. Please place this item on the August 19, 2008 Public Works Committee agenda for consideration. UNITED CITY OF YORKVILLE Project: McHugh Roadway Improvements (Spring to Walnut) Change Order No. 1 Contractor: Aurora Blacktop Date: 23-Jul-08 Address: 1065 Bard Ave. Montgomery, IL 60538 Awarded Adjusted Quantity Cost Item Quant Quanti Difference Unit Unit Price Difference 1 PCC Sidewalk Removal 527 527 0 SF $3.90 $0.00 2 PCC Sidewalk, 5" 294 527 233 SF $5.70 $1 ,328.10 3 Detectable Warnings 233 0 -233 SF $15.60 ($3,634.80) 4 Bituminous Surface Removal, 6" 5966 5966 0 BY $3.15 $0.00 5 Comb. Curb & Gutter Rem. & Repl. 203 203 0 LF $42.50 $0.00 6 Aggregate Base Repair 360 360 0 TON $25.00 $0.00 7 Geotechnical Fabric for Ground Stabilization 600 600 0 BY $1.50 $0.00 8 Butt Joint 180 180 0 FT $7.50 $0.00 9 Temporary Ramp 400 400 0 FT $6.70 $0.00 10 Frames and Grates to be Adjusted 11 11 0 EA $125.00 $0.00 11 Manholes to be Adjusted 3 3 0 EA $300.00 $0.00 12 Preparation of Base 5966 5966 0 BY $1 .50 $0.00 13 Bit. Materials (Prime Coat) 1790 1790 0 GAL $1 .35 $0.00 14 BILBinder Course, 4.5' 1544 1544 0 TON $48.00 $0.00 15 Bit. Surface Course, 1 .5' 515 515 0 TON $60.60 $0.00 16 Crack Filling 3003 3003 0 LF $1 .25 $0.00 17 Thermoplastic Pavement Marking - Line 4" 2953 2953 0 FT $0.95 $0.00 18 Thermoplastic Pavement Marking - Line 6" 377 377 0 FT $1 .75 $0.00 19 Thermoplastic Pavement Marking - Line 18" 96 96 0 FT $4.95 $0.00 20 Landscape Restoration 150 150 0 BY $10.00 $0.00 21 Traffic Control and Protection 1 1 0 LS $1 ,500.00 $0.00 22 Truncated Dome Mats 0 126 126 SF $34.50 $4,347.00 Net Change $2,040.30 Previous Changes: $0.00 Total of Changes to Date: $2,040.30 Awarded Contract Amount: $178,371 .85 Adjusted Contract Amount: $180,412.15 Reason for Change: Material Specification Change Recommend for Approval: Date: City of Yorkville Approved: Date: Aurora Blacktop, Inc. Approved: Date: City of Yorkville 07/ 22/ 2008 15 : 08 6308923481 AURORA BLACKTOP PAGE 02/ 02 uR R BLAC P INC. 1085 Sard Avenue lh Montgomery, Illinois 60538 PHONE (630) 892.9389 FAX (630) 892-$481 ASPHALT PAVINCr OF ALL TYPES — ROAD OILS July 22, 2008 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Subject: Agreed to Unit Price Project: McHugh Road To Whom It May Concern: We at Aurora Blacktop, Inc. agree to the following unit pricing on the above mentioned project. 2'x3' Truncated Dome Handicap Sidewalk Fiberglass Inserts @ $34.50/SF If you have any questions feel free to call me 630-892-9389 630-892-3481 fax Sincerely, AURORA BLACKTOP INC Jerome E. Leifheit President `�foD C/Ty Reviewed By: Agenda Item Number Legal J� ae T Legal ❑ C{t ''l 1836 EST 1836 Engineer �" ° ( Z� A Tracking Number .4 City Administrator ❑ 09 y`�O Consultant ❑ ❑ <LE Agenda Item Summary Memo Title: Raging Waves—Streetlighting LOC Reduction#1 Meeting and Date: fit' &tn c i( Synopsis: This LOC reduction request is based on work completed to date. Recommend a reduction of$66,025.00. 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: too elry � United City of Yorkville Memo 800 Game Farm Road 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ® � p Fax: 630-553 -3436 9 � eLE wv Date: August 12, 2008 To: Brendan McLaughlin, City A ' 'strato From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cie Subject: Raging Waves — Streetlighting Letter of Credit Reduction 91 Comerica Bank LOC #635815-04 Attached find a request from Raging Waves, LLC to reduce the existing streetlighting letter of credit for the Raging Waves development. I have reviewed the request and concur with the amount of work constructed to date. The developer, however, used the LOC amount instead of the engineer's estimate of cost amount in their reduction calculations. Please refer to the attachment for the corrected calculations. I recommend that the City Council approve a reduction to Comerica Bank LOC #634815- 04 in the amount of $66,025.00. The remaining amount of the LOC would be $ 10,425.00. Please place this item on the August 19, 2008 Public Works Committee agenda for consideration. 12-Aug-08 Letter of Credit/Bond Reduction Subdivision: Raging Waves Reduction No. 1 Bond/LOC No. Comerica Bank LOC #635815-04 Remarks: LOC for Rosenwinkel streetlighting LOC/Bond Approved Theoretical amount Actual amount Amount complete prior Amount of Amount to remain Item Eno. Est. for LOC/Bond for LOC/Bond to Reduction No. 1 Reduction No. 1 after Red. No. 1 Streetlighting $69,500.00 $76,450.00 $76.450.00 $69,500.00 $66,025.00 $10.425.00 Totals $693500.00 $76,450.00 $763450.00 $69,500.00 $66,025.00 $10,425.00 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. Raging Waves, LLC �J 4000 N. Bridge Street Yorkville, Illinois 60560 T 630 882 6575 , F 630 553 8397 August 6, 2008 Mr. Joe Wywrot City Engineer United City Of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Street lighting Letter of Credit Reduction Request #1 Raging Waves, LLC — Series "A" Mr. Wywrot We respectfully submit herewith our first Letter of Credit reduction request for Comerica (#635815-04) in the amount of $72,627.50 representing 100% of the Rosenwinkel Drive street lighting installation completed to date. Attached is the City LOC reduction spreadsheet demonstrating the reduction. Thank you for your consideration in this reduction. If there is anything else you might need, please do not hesitate to contact us. Respectfully, Raging Waves, LLC Nathan Peterson Owner Representative cc: Scott Melby — Raging Waves, LLC, Owner Randy Witt — Raging Waves, LLC, Owner Kate McCracken — Hoscheit, McGuirk, McCracken & Cuscaden, P.C. HAYORWNLL udgeL_ ountinglEstimetes\LOG ReEdons%Veellgh4n8WC Red0.Yg0MWLOC_red.SmelWidaa PAGE oft Reviewed By: Agenda Item Number J= a % Legal ❑ Esr. 1 leas Finance ❑ Engineer i "la Tracking Number 4 MI 0 City Administrator ❑ 1 � O Consultant ❑ <LE F-1 Agenda Item Summary Memo Title: Bristol Bay Phases 2 & 3 (Units 9 - 13)—Earthwork Bond Reduction#1 Meeting and Date: Synopsis: This reduction in the amount of$429,736.80 is based on work completed to date. The remaining bond amount would be $88,007.63. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/pD Memorandum EST. , `= 1836 To: Brendan McLaughlin, City A 's ato ® r� y From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City k �2 <LE ti Date: August 12, 2008 Subject: Bristol Bay - Phases 2 & 3 (Units 9 - 13) Earthwork Bond Reduction #1 Attached find a letter from Centex Homes to reduce the bond amount for earthwork in Units 9-13 of Bristol Bay, and also to create individual earthwork bonds for each unit. Creating the individual bonds makes it easier to track as we work through the acceptance process for each unit. I have reviewed the request and calculations and concur with the work completed to date. I recommend that Safeco Insurance Company Bond #6433457 be reduced by the amount of $429,736.80. The remaining amount of the bond would be $88,007.63. If approved, this bond would be replaced with individual earthwork bonds for Units 9 - 13 totaling $88,007.63. Please refer to the attached spreadsheet for details. Please place this item on the August 19, 2008 Public Works Committee agenda for consideration. CENTEX HOMES 2208 Point Blvd., Ste. 200 Elgin, Illinois 60123 Phone: (847) 783-6300 Fax: (847) 783-6781 July 28 , 2008 Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mr. Wywrot, Centex Homes currently has Bond # 6433457 in the amount of $ 517,744.42, in place for Bristol Bay Mass Grading Phase 2. This bond reflects 100% of the initial bond for mass grading in phase 2 and Centex has substantially completed this work. Therefore Centex Homes is requesting at this time to reduce this bond to reflect the remaining work for Phase 2. Also Centex Homes would like to separate this bond to reflect the Mass Grading in each Unit of Phase 2, to assist both the City of Yorkville and Centex, when we begin working through the acceptance process. Smith Engineering has prepared a breakdown of the Engineers Opinion of Probable cost, for each unit, as well as the remaining work for each unit that Centex is requesting to reduce our bonds to, when we place the Unit Bonds. Please let me know if you have any questions regarding this. Sincerely, JoAnne M. Bowers Senior Land Coordinator Cc: Beth Dismang Joe Marx BRISTOL BAY SUBDIVISION - YORKVILLE, ILLINOIS - PREPARED BY SMITH ENGINEERING CONSULTANTS, INC. JOB: CENTEX HOMES JOB NUMBER: CETX-060306 ' DATE: 06/06/08 PHASE 2 & 3- MASS GRADING LETTER OF CREDIT REDUCTION PHASE 2 0 TOTAL EROSIOWSEDIMENT CONTROL EOPC = $49,731.75 PHASE 2&3 TOTAL EARTHWORK EOPC = $420,945.00 PHASE 2 0 TOTAL MASS GRADING EOPC = $470,676.75 APPROVED PHASE 2&3 TOTAL MASS GRADING BOND (110%) = $517,744.43 PHASE 2&3 TOTAL AREA = 66.95 ACRES TOTAL TOTAL EROSION PHASE2 & 3 - UNITY AREA (SO:FT. AREA (ACRES) % OFTOTALAREA EARTHWORK CONTROLCOST7 % COMPLETE I TOTAL REMAINING $ TOTALRETAINED (8) 9 346,997.52 1 7.97 11.90% $50,087.42 $5,917.48 100.0 wl, .00 MAMAS 10 633,014.87 14.53 21.71% $91,372:64 $10,795.05 100A0% $0.00 $19,103.42 11 597,288.83 13:71 20.48% $86,215:73 $10,185.79 100.00% $0.00 $18,025.26 12 260, 4.68 1 5.99 8.94% $37,641.57 1 $4,447.09 100.00% 1 $0.00 $7,869.78 13 1 078,163:03 1 24.75 36.97% $155,627.64 1 $18,386.33 1 100.00% 1 $0.00 $32.537.31 TOTAL 2,916,238.73 66.95 1 100.00% $420,945.00 1 $49,731.75 40.00 $0.05763 110% OF TOTAL REMAINING $0.00 $0.00 150/a RETAINED EARTHWORK & 60% RETAINED EROSION CONTROL $63,141.75 $24,865.88 TOTAL AMOUNT RETAINED NEW.BOND / L.O.C. AMOUNT $88,007.63 , TOTAL BOND AMOUNT TO BE REDUCED $429,736.80 $0.00 NOTE: 1. 15% RETAINED FOR COMPLETED ITEMS, 110% OF UNCOMPLETED ITEMS `�tpD C4 y Reviewed By: Agenda Item Number J2 w O Legal ❑ CA # k EST. 1836 Finance ❑ Engineer -��— Tracking Number w City Administrator ❑ 9 1r _ � consultant o PW dow - 1 Del LE Agenda Item Summary Memo Title: Mill Road Right-of-Way Dedication(Cross Evangelical Lutheran Church frontage) Meeting and Date: C1 texul,it - gl0tol68 Synopsis: Request for Right-of-Way Dedication Acceptance Council Action Previously Taken: Date of Action: July 22,2008 Action Taken: Annexation Agreement Approval Item Number: Type of Vote Required: majority Council Action Requested: Approval of NO Road Right-of-Way Dedication Acceptance Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Section 5(A) of the Cross Evangelical Lutheran Church Annexation Agreement approved July 22,2008 requires the Owner to dedicate a 50 feet 1/2 right-of-way measured from the existing centerline of Mill Road upon annexation. The attached dedication fulfills this obligation. W W PMObM D�,FLm81PAQMW a SEC GROUP, INC. OCR me a aszlpe na.a.g PLAT OF DEDICATION "pT HLL, _; =: gin BTNtl16yllensq(:awlrislb•BEG MItolnWm`SEC PIerIDHp ER Dmha„an el RM RiYGFAYUkMe,l80..60 MILL ROAD UNITED CITY OF YORKVILLE PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS P.04 DEDICATION PARCEL 5(ORY 2 s- _ P.O.B. PARENT TRACT 116925'GOT 777.25' PARENT TRACT LEGAL DESCRIPTION: LECAL DESCRIPTION MAT PART OF TIE SCUM HALF OF SECTION 11, TOWSHIP 37 NOR]N, RANGE 7 EAST OF WE WIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS BEGINNING AT WE SOUWEAST CORNER OF *STORYBOOK HIGHLANDS UNIT NO 2, BRISTOL TOWMAR,, KENDALL COUNTY, ILUNOS; )HENCE SOUW 00 DEGREES O] MINUTES 45 SECONDS EAST 1469.90 FEET TO WE CENTER LINE OF MILL ROAD; Rl£NCE NORTH 80 DEGREES 31 MINUTES 51 SECONDS BEST ALONG SAID CENTER LINE, 78826 FEET, MENCE NORM OU DEGREES 07 MINUIES 45 SECONDS HEST 1J32JI FEET TO WE SOUTH LINE OF SAID UNIT 2' MENGE NORTH 89 DEGREES 25 MINUTES 00 SECONDS EAST ALONG SAID SCUM LINE, 77725 FEET TO ME POINT OF B£GINNMG, IN BRISTOL OVO%M'S C571lial TE TOWWP, KENDALL COUNTY, IWNOIS STA1£ OF _J ) no COUNTY OF has 15 M GERD Y MAT IS ME FEE SANNE OWER OF DEDICATION PARCH. LEGAL DESCRIPTION: INS PROPERTY DESCRIBED IN WE FOR£GgNG SURVEYORS CMARC41E AND HAS CAUSED M£ SAME TO BE PLATTED AS SHOW: HEREON FOR WE USES AND PURPOSES HERON SET FORM AS ALLONED AND PRONDID FOR BY STATUTE, AND DOES HEREBY ACKNOINEDGE AND LEGAL ART O P Pat 7.129 I I WY Se ' ATE MAT PART OF ME SWIM HALF OF SECRQV 11, TDISNSHIP 3% NORTH, RANGE ADOPT PfE SA/AF UNDER ]HE STYE AND ]III£ MER£dV INgCA]FO. ] EAST OF WE WIRE PR/NC/PAL MERIDIAN DESCRIBED AS FOLLOIVS' WE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE ME LANDS SHORN ON MIS PUT STAR OF ILLINOIS I COMMENCING AT ME SOUMEAST CORNER OF CEMYBO01l HIGHLANDS UNIT FOR WORDUGHFARES SIREETS ALLEYS AND PUBLIC SRMCES )SS NO. 2, BBISTDL T ghMeP, KENDALL CDUMFY. ILLINOIS' WENCE SCUM DO DEGREES 07 MINUTES 4$ SECONDS EAST TABBING FEET TO ME CENTER LINE DATED AT NIS _ DAY Ox 20 COUNTY OF KENDALL I OF MILL ROAD FOR WE POINT OF BEGINNING MENCE NORM 80 DEGREES 31 L County CIerE An Kendall County, MINUTES 51 SECONDS NEST ALONG SAID CENTER LINE 788.26 FEET,' THENCE RY. AIll Illinois do hereDY certhy that /here one no OMnquent general NORM DO DECREES 07 MINUTES 45 SECON05 WEST 50.1; HENCE SOUW 80 faxes no Unpaid mmml general taxes. no unpaM furrows DEGREES 31 MINUTES 51 SECONDS EAST PARALLEL WTH SAID MILL ROAD foxes end no redeemable lox soles alsoll my of the land CENTER LINE 78823 FEET TO A POINT ON A LINE MAT IS NORM 00 x acmes In we Proceed plot DEGREES 07 MINUTES 45 SECONDS NEST FRO'A ME POINT OF BEGINNING: c ADDRESS WENCE SGUW GO DEGREES O] MINUTES 45 SECONDS EAST ALONG SAID LINE. 50.71 FEET TO ME POINT OF BEGINNING. IN WE UNITED CITY OF YORKWLLE u Given under my hand and seal o/ Me County of YwkWlla, Illinois BRISTOL TONNSHIP, KENDALL CWNTY. IWNOIS In h17TARY C,@TTiCATE due _ day of A.D ]. D. 200 _ on STATE OF COUNTY OF s County Gent KBIO_AI/ CXaLNY FECOFO137•S CW'IF ATE 4 A NOTARY PUBLIC IN AND fPP Mf COUNT/ AND STATE AFORESAID, DO HEREBY CERTIFY MAT STATE W I WN015 ) )SS AND PERSONALLY KNOW TD ME SO BE TH£ COUNTY OF KENDALL ) AND GY AS Skilaws Pe ABOY£, this nshument Mw we also Nx recover M the DAYAND APPEARED RD BEFORE ME M R BRUMEN A M CAUSED CAT AS SUM OAL TO THEY SN.WED AND DELIVERED WE SAID AND VELUM ANA CAUSED 111E CORPORATE FREE AN SEAL ID BE AFCT O Ferordeis ONIn of Kat County, lock m At _ soy of SUD REIREM CO AS AVO FREE AND USES A PY ACT AND AS WE FREE AND VOLUNTARY ACT 61r 2007 of _O'LYOtl _ .M. and was ramMd m BAUD CDPPORADgt FOR THE US£5 AND PURPOSES CERDN SET iORW Plaf Enceltpe No. GIVEN UNDER MY HAND AND NOTAMAL SEAL NIS _ DAY OF 20_ County Recorder CITY COLESCI_ CERDe- ACE A' NOTARY PUBLIC STA]E OF ILLINOIS ) # CITY SW'S 08277sCATE COUNTY OF KENDALL) APPROVD AND ACCEPIEO BY ME MAYOR AND CITY COURM OF STATE OF IWNgS) TH NDA UNITED CITY OF YOFKN4E WMAS NIS DAY )31 Al COUNTY OF KENDALL) * APPROVED AND ACCEPTED BY ME MAYOR AND CITY COUNCIL OF ME UNITED CITY OF YORKNLLE MINES BY ORDINAhYE Nor MAYOR AT A MEEPNG HELD Nl5 _DAY CIF 2O_, Sit 0 B � CITY CI£RK AREA HEREBY D DEDICATION NBDOI = AREA OF G Ft. PON = 0.901 Ac 39,4111 59. Ft. NOTE, CONDOR LINE ALL AREAS SHOWN FEREON —MILL ROAD M P.OB. DEDMABCW PARCEL ARE A40RE OR LESS ALL RIGHTS—OF—WAY DEDICATED HEREON ARE HEREBY DEDICATED M ME UNITED CITY OF YORKWUE FOR STATE OF IWNOIS )SS PUBLIC RIGHT—OF—WAY COUNTY OF KENDALL ) PLAT OF DEDICATION /, CRAIG CERTIFY DIFY. :MIT E PLAT OF DE LAND SURVEYOR NUMBER J359 00 MILL ROAD USING M ATS AND ME ISTRUMEN F OF RE�MFORNset ust AND UNITED CITY OF YORKVILLE NOTES: PURPOSES HEREN SET FMK, OF ME HEREON D£SY SM PROPERN PART OF TME SOUMN£ST WARREN OF SECIMN It TOHNSMP J] ' We map was cooled for use as a Plat of Dedication. This map is not MORN RANGE 7 EAST OF ME THIRD PR/NCRAL MENNAK KENMLL to be used for any construction or staking purposes without consent from Doted at YorkWlls. Kendal Comfy. Illinois July 24. 20M TONNEHN, KENDALL COVALM 2UNO5 a proper agent of SEC Group, Inc. e This IS NOT a Plnl of f Sunav No assumptions or agreements as to ownership. use, or possession can be conceTed from this document RENAOT6 DRANK BY: DALE: PR0 03 N0. No underground Improvements should he a scum have been located unless aM1Own and noted 1. tt0 OS/2T/08 OSDJ58 • No distance should be assumed bywecoong, Illinois RefaesienW Loner Su No. 3559 2 ocstaiLED BY: HORIL SCALE SKEET NO. • ibis map Is void without original bossed ar red colored seal and License ewimtion dote : flLIM/2DOB p, Ya100' signature affixed. 4. CNECKm BT VHRT. SCARE 5 MRF `�fpD C/p` Reviewed By: Agenda Item Number J2 T Legal ❑ C A J' 1 -7 ESL ® 1836 Finance ❑ Engineer S l o Tracking Number < L G y City Administrator ❑ 9 °ate° O Consultant ❑ PW abog _ 110 LE Agenda Item Summary Memo Title: Fox Road Improvements—LAPP Engineering Agreement &MET Appropriation Resolution /� Meeting and Date: Q �y 000WICd - 91d(.010? Synopsis: This engineering agreement and MET appropriation resolution is for modifying the Fox Road plans as necessary to receive 75% federal funding. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: D C/TD o Memorandum AA EST. , 1836 To: Brendan McLaughlin, City Aqministratqr From: Joe Wywrot, City Engineer 09 ICI Iu p CC: Sue Mika,Finance Director e`e�� Lisa Pickering, Deputy City Clerk Date: August 15,2008 Subject: Fox Road Improvements—LAPP Engineering Agreement& MFT Appropriation Resolution Attached find a proposal from Engineering Enterprises, Inc. to modify the Fox Road(Rt.47— Poplar)plans as necessary to obtain MOT approval,which in turn will allow us to obtain 75% federal funding for this project. The proposal is in the amount of$11,000. Fox Road was initially proposed several years ago to be a completely city-funded project. When the SW Developer Group approached us,they agreed to fund the project due to the impact their developments would have on the roadway. Consequently,the city hired EEI to prepare the plans and specifications for rehabilitating Fox Road. That design work is essentially complete, with construction estimated to cost about$570,000. The SW developments have since stalled, and therefore the regional infrastructure improvements needed for those developments (watermain, sanitary sewer, and roadway)have not proceeded to construction.Fox Road,however, continues to deteriorate. Recently the Kane/Kendall Council of Mayors issued a call for Local Agency Pavement Preservation(LAPP)projects, and we submitted the Fox Road project as a candidate. The Council's Transportation sub-committee reviewed all 39 projects submitted by its member municipalities, and Fox Road made the list of twelve projects that the committee has recommended for approval. Formal approval by the Council would not occur until October 16th, but it is almost a certainty that they will approve Fox Road for funding. We would like to construct the Fox Road project in 2009, as would most of the municipalities for the other eleven projects. It is unlikely,however,that all twelve projects could be funded in one fiscal year. The Transportation sub-committee recommended,therefore,that all project sponsors proceed with design work according to their own schedules, and that as individual project plans are approved by IDOT the Transportation sub-committee will determine the order that the projects are funded. I believe that we have a good chance to receive funding for the 2009 construction season, although that schedule could slip a year or even two if other higher-ranked projects get ready before we do. If we are to meet the interim deadlines necessary in order to receive construction bids next spring,we need to proceed immediately with the plan modifications and submittal to IDOT. Therefore I recommend that this engineering agreement and corresponding MFT appropriation resolution be approved. Please place these items on the August 19, 2008 Public Works Committee agenda for consideration. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466.9350 FAX: 630 / 466.9380 www.eeiweb.com Engineering Enterprises, Inc. August 14, 2008 Mr. Joe Wywrot, P. E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Additional Professional Engineering Services for Contract F. 7 Fox Road Resurfacing United City of Yorkville, Kendall County, IL Dear Mr, Wywrot: Please find attached our supplemental contract for professional design engineering services to modify the Fox Road resurfacing plans into a federally funded Local Agency Pavement Preservation (LAPP) project. We have attached four (4) copies of the supplemental contract for your review. We have also attached two (2) copies of the draft MFT Resolution for your review. The detailed scope of services for the above referenced project is noted in the attached agreement for Professional Engineering Services . The total cost for the engineering services is $ 11 , 000. Thank you for this opportunity to submit this Agreement. We look forward to continuing our close working relationship with the City. If you have any questions, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERPRISES, INC. UJO Jeffrey W. Freeman, P. E. Vice President Enclosure PC: Mayor Valerie Burd Mr. Brendan McLaughlin City Administrator Mr. Eric Dhuse, Public Works Director Mr. Travis Miller, Community Development Director Ms. Kathleen Field Orr, City Attorney Mr. Bart Olson, Assistant City Administrator JKM, PGW, DMT, WED, RGN , EEI a Consulting E n g iChl64 1FVor�v6VgyaYWP IlWi i d &fPvPgPi hgr-�leIWWWWIIWWii8-0acan(Ya SV4iriIoi i n g (t Illinois De artment Resolution for Improvement by p Municipality Under the Illinois Of Transportation Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees United City of Yorkville of Kendall County Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Fox Road FAU 2516 Poplar Drive IL Route 47 BE IT FURTHER RESOLVED, 1 . That the proposed improvement shall consist of pavement removal, culvert removal, storm sewer installation, trench backfill, hot in-place asphalt surface recycling, Hot-Mix Asphalt (HMA) binder and surface courses, ditch grading, vegetative restoration, striping, traffic control and incidental and collateral work necessary to complete the project as shown on the plans and described herein. and shall be constructed (Various width) wide and be designated as Section 08-00037-00-RS 2. That there is hereby appropriated the (additional ❑ Yes Y54zk, No) sum of Eleven thousand Dollars ( $11 ,000 ) forthe improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor '.. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Jackie Milschewski Clerk in and for the City of Yorkville City, Town or Village County of Kendall hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on August 26, 2008 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk Printed 8/14/2008 BLR 09111 (Rev. 11/06) Municipality Name The United City of Yorkville p Illinois Department C Engineering Enterprises, Inc. C of Transportation o Township L S Address Kendall 52 Wheeler Road Preliminary Engineering U County Services Agreement L city ty G For T Kendall E Motor Fuel Tax Funds A Suaar Grove Section C T State 08-00037-00-RS y Illinois THIS AGREEMENT is made and entered into this day of August 2008 between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT", will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Fox Road (Local Agency Pavement Preservation Project (LAPP)) Route FAU 2516 Length 1 .04 Mi. 5,500 FT (Structure No. ) Termini Poplar Drive to IL Route 47 Description: This project consists of pavement removal, culvert removal, storm sewer installation, trench backfill, hot in-place asphalt surface recycling, Hot-Mix Asphalt (HMA) binder and surface courses, ditch grading, vegetative restoration, striping, traffic control and incidental and collateral work necessary to complete the project as shown on the plans and described herein. Agreement Provisions The Engineer Agrees, 1 . To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ® Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ❑ Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Note: Four copies to be submitted to the Regional Engineer Printed 8/14/2006 Page 1 of 4 BLR 05510 (Rev. 11/06) i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads & Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (3) To attend conferences at any reasonable time when requested to do so by representatives of the LA or the Department. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1 . To pay the ENGINEER as compensation for all services performed as stipulated in paragraphs 1a, 1c, 1 d, 1 g, 1i, 2, 3, 5 and 6 in accordance with one of the following methods indicated by a check mark: a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. c. ® A lump sum of money in the amount of $11 ,000.00 2. To pay for services stipulated in paragraphs 1 b, 1 e, 1f, 1 h, 1j & 1 k of the ENGINEER AGREES at actual cost of performing such work plus 135. 17 percent to cover profit, overhead and readiness to serve - "actual cost" being as material cost plus payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expenses will be reimbursed to the ENGINEER at his actual cost. Subject to the approval of the LA, the ENGINEER may sublet all or part of the services provided under the paragraph 1 b, 1 c, 1 d, 1 e, if, 1 h, 1j & 1 k. If the ENGINEER sublets all or part of this work, the LA will pay the cost to the ENGINEER plus a five (5) percent service charge. "Cost to Engineer" to be verified by furnishing the LA and the DEPARTMENT copies of invoices from the party doing the work. The classifications of the employees used in the work should be consistent with the employee classifications for the services performed. If the personnel of the firm, including the Principal Engineer, perform routine services that should normally be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the work performed. Printed 8/14/2008 Page 2 of 4 BLR 05510 (Rev. 11/06) 3. That payments due the ENGINEER for services rendered in accordance with this AGREEMENT will be made as soon as practicable after the services have been performed in accordance with the following schedule: a. Upon completion of detailed plans, special provisions, proposals and estimate of cost - being the work required by paragraphs 1 a through 1 g under THE ENGINEER AGREES - to the satisfaction of the LA and their approval by the DEPARTMENT, 90 percent of the total fee due under this AGREEMENT based on the approved estimate of cost. b. Upon award of the contract for the improvement by the LA and its approval by the DEPARTMENT, 100 percent of the total fee due under the AGREEMENT based on the awarded contract cost, less any amounts paid under "a" above. By Mutual agreement, partial payments, not to exceed 90 percent of the amount earned, may be made from time to time as the work progresses. 4. That, should the improvement be abandoned at any time after the ENGINEER has performed any part of the services provided for in paragraphs 1 a, through 1 h and prior to the completion of such services, the LA shall reimburse the ENGINEER for his actual costs plus 1 :4, 17 percent incurred up to the time he is notified in writing of such abandonment -"actual cost' being defined as in paragraph 2 of THE LA AGREES. 5. That, should the LA require changes in any of the detailed plans, specifications or estimates except for those required pursuant to paragraph 4 of THE ENGINEER AGREES, after they have been approved by the DEPARTMENT, the LA will pay the ENGINEER for such changes on the basis of actual cost plus 13, 17 percent to cover profit, overhead and readiness to serve "actual cost' being defined as in paragraph 2 of THE LA AGREES. It is understood that "changes" as used in this paragraph shall in no way relieve the ENGINEER of his responsibility to prepare a complete and adequate set of plans and specifications. It is Mutually Agreed, 1 . That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 8/14/2008 Page 3 of 4 BLR 05510 (Rev. 11/06) IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: The United City of Yorkville of the (Municipality/Township/County) ATTEST: State of Illinois, acting by and through its By City Council City Clerk By (Seal) Title Mayor Executed by the ENGINEER: Engineering Enterprises, Inc. 52 Wheeler Road ATTEST: Sugary/Grove, IL 60554 By By � 1'A& W" U UV U Title ecretary Title Vice President Printed 8/14/2008 Page 4 of 4 BAR 05510 (Rev. 11/06) `�fpD C/pr Reviewed By: Agenda Item Number Legal ❑ C 0 EST. , ® 1836 Finance F1 Engineer En ❑ g Tracking Number e y City Administrator F-1 Consultant ❑ 7 <LE \\. Agenda Item Summary Memo Title: Water ordinance amendment Meeting and Date: 01!! Loavtd l - 9/0("0/09--r /l Synopsis: Proposed change to water ordinance which would prohibit any type of private well. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval of amended ordinance Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: Memorandum To: Joe Chairman EST 1 ; leas From: Erric ic Dh Dhuse, Director of Public Works y CC : Brendan McLaughlin, Administrator 9 Vie . p Date: August 13 , 2008 Subject: Private well ordinance <LE Joe, After the discussion at the City Council meeting on August 12`}', I would like to propose a change to the section of the water ordinance that pertains to private wells. The current ordinance reads: 1 . Prohibited: The use or attempt to use as a otp able water supply ground water from within the corporate limits of the United City of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the properties described in ordinances passed by the City Council. I would like to remove the word potable so it makes it illegal to use the groundwater supply for any purpose within City limits. I will work with our city attorney to make sure the wording is correct. I would ask that this be placed on the August 19, 2008 Public Works committee meeting for discussion. If you have any questions or comments, please let me know. 7-5-9 7-5-9 C . Use Of Ground Water Prohibited : 1 . Prohibited : The use or attempt to use as a potable water supply ground water from within the corporate limits of the united city of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the properties described in ordinances passed by city council. 2 . Penalties: Any person violating the provisions of this subsection C shall be subject to penalties as provided in section 1 -4- 1 of this code. 3. Definitions: PERSON : Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representative, agents , or assigns . POTABLE Any water used for human or domestic con- WATER: sumption , including , but not limited to, water used for drinking, bathing , swimming, washing dishes, or preparing foods. 4. Memorandum Of Understanding : The mayor of the united city of Yorkville is hereby authorized and directed to enter into a memorandum of understanding with the Illinois environmental protection agency (" Illinois EPA") in which the united city of Yorkville assumes responsibility for tracking the remediation sites, notifying the Illinois EPA of changes to the ordinances , and taking certain precautions when siting public potable water supply wells. (Ord. 2005-505 6-14-2005) September 2005 City of Yorkville Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS PROHIBITING THE USE OF GROUNDWATER WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the City has determined that regulations regarding the protection and preservation of the water supply of the United City of Yorkville are needed to protect a fragile resource which provides many public benefits to the City's residents. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 7, Chapter 5, Section 9, Subsection C (1 ) of the United City of Yorkville Code of Ordinances is hereby deleted and replaced with the following: 1 . Prohibited: The use or attempt to use as a water supply, ground water from within the corporate limits of the United City of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the city. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR cip Reviewed By: Agenda Item Number J2 Oa Legal ❑ C Yl }� p! EST , lass Finance ❑ 1 Engineer ❑ City Administrator Administrator Fl Tracking Number co `20 Police ❑ <LE �? Human Resources ❑ Public Works ❑ City Council Agenda Item Summary Memo Title: City Council goal action plan — Biodiesel, E85, and hybrid vehicles City Council / Committee Agenda Date: City Council — August 26, 2008 Synopsis: Action plan for a City Council goal. Council Action Previously Taken: Date of Action: 08-19-08 Action Taken: PW committee revised action plan Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: PW Committee recommended approval of this item, with one revision. Under the biodiesel section, the committee removed the words "mid-year budget', so that funding will not be looked at until the budget discussions for FY 09/10. �� °"�' Memorandum �'" To: Public Works Committee EsT. 1 1836 From: Wally Werderich, Ward I Alderman; Robyn Sutcliff, Ward III t Alderman; Eric Dhuse, Director of Public Works; Bart Olson, 0 rj! p Assistant City Administrator 9 `#O CC: Brendan McLaughlin, City Administrator <LE ��y Date: August 15, 2008 Subject: Biodiesel, E85 and hybrid vehicles Action Plan overview The United City of Yorkville City Council supports the use of alternate fuels and hybrid vehicles in its municipal fleet. All steps in this action plan are designed to decrease the effects our municipal fleet on the environment, while still being fiscally conservative with taxpayer funds. Action plan for biodiesel usage All municipalities with their own refueling stations are required by the state government" to use a biodiesel mixture higher than B2 (2% biofuel, 98% diesel). Even though Yorkville does not have a refueling station, the Public Works Department has been purchasing B2 for the past 2 years during the summer months through a fuel vendor. Several municipalities in the region have opted to purchase higher concentrations of biodiesel (135, B 10, B20), and others have chosen to refine their own biodiesel. The process to create biodiesel is relatively easy and safe. Biodiesel production systems can be purchased for a few thousand dollars, depending on the size of the system, and the cost of those systems can be recouped by the City within a reasonable timeframe. It is recommended the following action items receive consideration and approval from the City Council: 1 ) Continue to request B2 or higher concentrations of biodiesel from vendors during the summer months 2) Identify $5,000 in funding in FY 09/10 budget for procurement of a biodiesel production system a. During discussion of this item, City staff will work with local businesses to secure used vegetable oil, to be used in the biodiesel production process. Action plan for E85 E85 fuel offers a more environmentally friendly alternative to gasoline, and use and availability of E85 is becoming more widespread. Many new vehicles made by automakers (i.e. Chevy) in model year 2008 are equipped to handle E85, at no additional cost to the buyer. Older vehicles can be retrofitted to accept E85 fuel, at little cost. It is recommended that the City Council consider a policy or policy statement on the merits of introducing E85 vehicles into the City fleet, and/or retrofitting existing vehicles to accept E85 fuel. hn://www.ilga.gov/legis lation/publicacts/fulltext.asp?Name=094-0346 1 ) Conduct discussion at a Public Works committee meeting on the environmental benefits vs. the financial aspects of E85 (i.e. E85 fuel is cheaper, but produces less energy output), and make a recommendation on introducing E85 vehicles and/or retrofitting existing vehicles into the City fleet. 2) Take the recommendation from the Public Works Committee meeting to the City Council for consideration. Action plan for hybrids The cost of hybrid vehicles has decreased in the past few years, and their popularity among consumers is rising. Hybrid vehicles are on the State of Illinois' procurement contracts, meaning the City can get them for the state bid price. It is recommended that the City Council consider a policy or policy statement on the merits of introducing hybrid vehicles into the City fleet: 3) Conduct discussion at a Public Works committee meeting on the environmental benefits vs. the financial aspects of hybrids (i.e. they save more gas, but cost more than conventional vehicles upfront), and make a recommendation on introducing hybrids into the City fleet. 4) Take the recommendation from the Public Works Committee meeting to the City Council for consideration. Reviewed By: Agenda Item Number J= a T Legal ❑ I /� a Finance Est pass ❑ 1 Engineer ❑ Tracking Number �C y City Administrator ❑ Consultant ❑ F-1 SODS g , 36c)w mc�rc ` <LE Agenda Item Summary Memo Title: Police Reports for July 2008 Meeting and Date: C i C(J ckici t - V I A0108 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Molly Batterson Police Name Department Agenda Item Notes: ,`�D CITy J�� o Yorkville Police Department Memorandum 804 Game Farm Road esT 1Y ; 1s3s Yorkville, Illinois 60560 Telephone : 630-553-4340 0 1 w Fax: 630-553- 1141 Date : August 5, 2008 To : Chief Harold 0 , Martin III From : Director Ron Diederich Reference : Speed Trailer report for July, 2008 Chief During the month of July the Alpha Speed trailer and the Speed Matrix trailer were deployed on the following dates, times and locations : July 4 Northbound Bridge " Ped . XING " July 4 Northbound Bridge " Ped . XING" July 8 through July 11 Eastbound Countryside @ McHugh July 8 through July 11 Northbound Center Pkwy @ Countryside July 17 through July 19 Bridge @ Hydraulic "Theater in Park' July 17 through July 21 Eastbound Somonauk @ Freemont July 24 through July 25 Northbound Autumn Crk @ Orchid July 25 through July 26 Bridge@ Hydraulic "Theater in Park' July 31 through August 4 Southbound 71 @ Harris Forest Pres . The trailers were in operation for 583 hours during July . Respectfully, Ron Diederich , Director of Support Services J=`CEO cir� � ES . `, 1836 <CE \V\' YORKVILLE POLICE DEPARTMENT Harold O. Martin 111, Chief of Police 804 Game Farm Road I Yorkville, Illinois 60560 Phone: 630-553-4340 Fax: 630-553-1141 Date: August 5, 2008 To: Chief Harold O. Martin III From: Ron Diederich, Director of Support Services Reference: Monthly Mileage Report During the month of July 2008, the Yorkville Police Department logged a total of 36,222 miles. Individual squad miles are: Monthly ='= Current Reassign/ Squad Vehicle Squad Usage Miles Milles R Replace Date M-1 2006 Dodge Charger Patrol/K-9 1 ,925 511151 ; 2011 /2012 M-2 2006 Chevrolet Impala Chief 660 41„1,11= 2011 /2012 M-3 1998 Ford Crown Victoria Detective 361 ' 147,233 . . 2007/2008 M-3 2007 Chevrolet Impala Patrol 871 m,9,791= ' 2010/2011 M-4 2002 Chevrolet Impala Police Cadet 21265 119490 s = 2009/2010 M-5 2007 Chevrolet Impala Patrol 3,033 .- 10;027 ' 2010/2011 M-6 2003 Chevrolet Impala Lieutenant 880 72;233 2010/2011 M-7 2001 Ford Crown Victoria DARE 0 72,460° 3W.. 201112012 M-8 2004 Ford Crown Victoria Administration 506 m 90;461= ry 201012011 M-9 2000 Ford Crown Victoria Lieutenant 249 Na` 84,'086; , , 2010/2011 M-10 2006 Chevrolet Impala Patrol 33384 ;45,640?, - 2009/2010 M-11 2003 Ford Crown Victoria YHS — SRO 162 =106;155 i 2009/2010 M-12 1999 Ford Expedition Operations 1 ,000 80,`39,1,- 2010/2011 M-13 2001 Ford Crown Victoria Patrol / K-9 11312 1;06;442 2008/2009 M-14 1 2003 Ford Crown Victoria Administrative 420 711 ,1 -1 2008/2009 M-15 2004 Ford Crown Victoria Patrol / K-9 327 = , 75 086: 2010/2011 M-16 2004 Ford Expedition Patrol Sergeant 1 ,700 Z,2, 81:`893 *- 2008/2009 M-17 2004 Chevrolet Impala Detective 1 ,719 .34;653,>, _? 2014/2015 M-18 2008 Ford Crown Victoria Patrol 1 ,478 1,478 2010/2011 M-19 2005 Chevrolet Impala Patrol 11382 a 75;x58 2008/2009 M-20 2005 Chevrolet Tahoe Patrol/Trucks 577 -. 33;645: 2011 /2012 M-21 2007 Ford Crown Victoria Patrol 33913 50,114` ” 2009/2010 M-22 2007 Ford Crown Victoria Patrol 2,473 51;984 2009/2010 M-23 2007 Ford Crown Victoria Patrol 31218 r , 54;699? 2009/2010 M-24 2008 Ford Explorer Patrol Sergeant 29076 77,373;- 2011/2012 M-25 2203 Chevrolet Impala Administrative 331 57329 201212013 Ronald E. Diederich , DSS Yorkville Police Department - Overtime Manhour Utilization Report - 08-02-08 " Date Court Training Relief Details Admin Emerg Invest Com Sery Full Time Part Time 05/ 10/ 08 9. 25 010_06 36.00_ 29.00 4.00 ` 7.50 ` 42.00 0.00 127.75 166. 5_0 05/ 24 08 9.75 0100 4.00 21.50 0100= - 2.50 ' 36. 2503 79.00 118. 25 06/07/08 15.50 0100 12.00 15000 0.00 0.00 18. 25 O.00S 60.75 206.75 06 [ 21„[08 4,00 000 _ 0100 0100 3.500.00 20. 25 3.00 30.75 141. 00 07 05 _08 9100 0160 8.25 84. 50 4,00 0100 6. 25 0100 121.50 196. 00 07/ 19 [08 13.501 0100 0100 6-6-6 -- --- 2.00 2.0_0 16.50 0.00 40.00 187.75 08/02/08_ 8400 0100 _ 0100 6.00 O.Y00 01 00 19.00 2.00 35.00 197.25 0.00 0.00 0. 00 9-1,09 -� 0100 0.00 0.00 3 0.00 0.00 _ 0.00 0 _00 0.00, € ( 0100 0100 0 00 .00 FY08 09 Court' Trainina Relief Details " Admin Emerg Invest Com Sery Full Time Part Time Totals 69.00 9c50 60. 25 162.00 13.50 12.00 158. 50 10.00' 494.75 11213.50 ' Percents 14% ' 2% 12% 33% 3% 2% 32% 1 2% 1000/0 " N A Average 9.86 1:36 8. 61 23. 14 1.93 " 1.71 22.64 1 1.43 19.03 173.36 Prepared by Molly Batterson 8/11 /2008 Page 1 Yorkville Police Department Manhour Report - July 2008 2:.t z % , e ,,. €::#r s3# „4UK, ;(r'?,=r , r'rzt r .tt. uS:'$*3is'. , ,} ✓::,ft4. ,rs #r .M .,. x. ,. , , z{ ,G, .. . ... i . , e . , . L s t 3 rs�v#{ ,r`* a (;fF 3. , 4' . . r . ., . fs� .t�41 .Lf'•�• f fii:. �.rc:tr" .; :,:: . { fti n�s. � �b4 , ..�f7{ „ r�}y.tllfi.. " rlrl. .��"k �tr �GE{x {w+:-f` d � + � r~,i� � 3T E° R� + {lr}t .7� r`o- ,., (� v in ��.ed sa, , . ts, � t:a'�5 .„�� Accidents 31.50 30.17 37.92 46.03 45.08 42.58 50.42 I _ t}r �$�, 44.42 42. 17 V 32.17 24.40 34.08 62.67 36 33 Administrative Activity 248.92 533.25 617.67 372.92 487.67 395.92 R21 r �;`' , 468.75 363.75 297.12 333.58 384.50 490.42 258 17 '" , Animal Complaints 11.42 4.00 3.58 7.20 8.92 7.67 5.08 7.42 4.33 8.50 17.33 11.00 8.00 .•'# {' , Arrest Activity 50.92 31.25 39.08 33.08 21.00 27.17 I , 6` 32.92 37.50 43.08 40.50 46.33 50.08 64.00 ;a �ii4f � Assist Agencies 232.33 223.43 186.67 234.68 203.83 176.92 S4 ,'a .SQ 229.92 193.82 193.75 244.42 240.25 234.93 279.42 , Community Relations 48.00 25.92 32.75 16.42 24.67 18.17 fi�' =: 12.00 15.83 37.67 16.42 11.58 85.00 112.50 Departmental Duties 167.42 180.25 227.03 168.42 232.25 187.25 216.08 209.67 313.40 243.62 226.50 189.62 205.30 `Investigations 74.33 22.50 12.17 30.00 28.08 48.75 ` ; 5 ,6 32.33 19.72 25.00 24.50 26. 17 19.73 47.67 Ordinance/Traftic Violations 92.42 80.87 94.58 86.53 97.80 101.18 88.17 110.82 132.12 127.62 181.83 100.95 130.83 Personnel Activity 748.67 821.17 900.17 846.75 811.25 765.83 ?2' . 729.92 764.83 735.25 704.33 966.08 1055.08 1199.07 ", z Preventive Patrol 719.02 784.40 856.70 1024.67 894.67 . 941.07 1097.45 �;, ; , 935.42 963.13 1009.12 954.30 930.90 1059.32 1221.75 4a;' , " b'Y3:gi Public Complaints 139.92 152.62 154.00 161.07 143.45 121.17 126.92 " ` '$ _ ; 117. 17 101.45 119.08 127.73 145. 101 157.80 185.25 ' Public Services 58.751 63.67 80.381 76.25 71 .651 51 .00 68.58 j 1•. ;9 ; 66.33 71 .75 64.67 64.25 65.25 46.02 60. 17 Report Activity 212.67 292.18 223.15 267.90 263.42 228.42 242.08f$ .ett.4 211.08 178.25 268.07 221.07 226.08 276.25 341.50 ' x: School Activity 0.25 0.17 0.00 8.08 0.83 0.00 0.00 _'fY: 0.67 0.42 0.50 0.00 0.00 1.50 0.33 Traffic Activity 330.67 309.92 339.83 308..92 350.42 383.90 402.33 ' 9' ; �¢ 342.83 404.43 450.07 486.02 468.72 398.75 411.00 1 ' „ Training 132.50 160.50 152.67 233.58 231.25 227.08 235.50 S Q 369.08 315.92 268.00 295.67 217.75 148.33 69.00 s!z q}, .:_ :.ryFY ",^ z4 axtb 3 �� ! i1 � ,o-n p . ., rt + k ,2007 , ' t s ft '::. s 3ra s x r .s. ., ,::rx n „ *h� rntr }; a,{e o°t";`„1 `' it rk RY.`r "t, "i.nr{ a r {�'G,'+,i'1="v' It�r nx," .z f4 #=rfi i { ..r:fi ,s:. s i, .fti. . .:, t , * r td! .:;,.:s. ;: r+n r }rb i;i. ..r v,'sa }=r }FZ< YZ34 "! z . ? TI1LfiF c f' ,�tratr "'t> 1"7 O'P;AL$= "SAl�T 08 ', x;FEB � "', '� ; tR�' '. n'1VIr� v p r3 s1,F st"IOTg4r[', a' x s �(r , Msr OCTr ,n Q� , rI�FC< +T[7� ss CL _ , t .,; Canine Officers/Training �+ , !', 4 " 9tttV Chief 173.331 173.33 173.33 173.33 173.33 173.33 173.33 P, AVOW 173.33 173.33 173.33 17333 173.33 173.33 173.33 Adminstrative Sergeant 173.33 173.33 173.33 173.33 173.33 173.33 173.33 Mjl ? 6 173.33 173.33 173.33 173.33 173.33 173.33 173.33 '. CPAT Officer/Gang Officer 173.33 173.33 173.33 173.33 173.33 173.33 173.33 - °" ' Q1 173.33 173.33 173.33 173.33 173.33 173.33 253.33 Crossing Guards (In Days) 12.00 0.00 0.00 71.50 73.50 60.00 45.00 �t $ 83.50 76.00 50.00 79.00 80.50 34.00 0.00 Detectives 173.33 173.33 173.33 173.33 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 346.66 Director of Support Services 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 Lieutenants 346.66 346.66 346.66 346.66 346.66 346.66 346.6611 ; ',2'', 346.66 346.66 346.66 346.66 346.66 346.66 346.66 $ `! Exec. Asst/Records Supervisor 346.66 346.66 346.66 346.66 346.66 346.66 346.66 .t� '�5 . ; 346.66 346.66 346.66 346.66 346.66 346.66 346.66 Police Recruits 639.991 346.661 346.661 346.66 346.66 346.66 80.00 "' 2 „tn 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ' • ,' 'Q Records Clerks 346.66 346.66 346.66 346.66 346.66 346.66 346.66 ;' ` ur9! 2; 346.66 346.66 346.66 346.66 346.66 346.66 346.66 ' School Resource Officers 346.66 173.33 173.33 346.66 346.66 346.66 346.66 :,z•, J, 346.66 346.66 346.66 346.66 346.66 346.66 346.66 TO„„x 1LS>+ , ,+ 6J 42 89 } fr364 97 , ,659 95 r„6763 ;4 x655,7,36 670J 90 aJ54Q4,03 ,; fi4I2,29 ,b3Q3;50 ,64.70;02 { ,6422,5$ 6¢95.52 j? 6848 07 736 Ql `lyr } x46288,91 **Note /Gang Officer stopped completing logs on 07-17-2008 **Note, SRO's stopped completing Daily Activity Reports on 11-15-2006; times included in hourly reports prior to this date. **One SRO on patrol duties during July/August 2007. Manhours included in the top section. Yorkville Police Department Offense Report - July 2008 flf��ri�coC or., es f ,g i '=a � h#��'�_ 4ft woo =Sfik QC S}� 1?1 G 407 TOTALS TAN' `R $ ",` : AP,R IVI , ,JLI JUL :OS �<Zl 7 5' Arson 0 0 0 0 0 0 1 0 0 0 2 0 ( 0 0 2 Batt ry _ .. 12 -_ 9 6 10 O _$._. 1 .- , 9 8 9 ._j . 3mm 19 t -- 1 11 --- 4 24 96 Burglarya + - 15 15 6 19 7 5 116 5 5 12� 12 3 1 22 7 66 Cannabis Offenses 3 3 2 4 1 2 34 3 2 6 2 4 1 2 20 Controlled Substance Offenses 0 0 0 0 0 0 3 1 1 0 0 2 1 0 0 4 Crimes Involving Children 4 1 3 8 8 4 45 2 1 4 3 1 2 1 3 3 18 Criminal Damage _ _ 31 26 20 32 18 -19 W 255 12 9 1624 21 I 23 i 29 - 134 - Deceptive Practices 6 8 9 9 7 4 93 5 2 10 5 3 1 5 9 39 Drug Paraphernalia Offenses 3 3 -1 3 2 2 30 1 4 4 2 3 1 1 3 18 -- ---- "-- --- -- - - ------ - .._ -- -. . ----- - _-- - - _ --- - Firearms Offenses 0 0 0 0 0 i 2 2 0 2 0_ 0 1 I Z 0 5 Gambling Offenses 0 0 0 0 0 0 0 's 0 0 E 0 0 1 0 0 - 0 __.. _.. _ ..__...__, Kidnap ing 0 1 0 0 1 0 3 0 , 1 0 0 0 0 0 1 Liquor Offenses 3 0 3 1 4 1 25 4 7 2 3 6 4 8 34 Murder 0 0 0 0 0 0 0 00 0 1 ' 0 0 1 0 0 0 Robbery 0 m0 0- 0 0 0 0 0 1 0 0 0 0 0 1 Sex Offenses 0 2 i 2 0 1 1 14 0 1 1 1 0 2 1 2 1 7 The 16 I 9 14 12 16 12 163 17 _ 8 9 j 13 13 13 22 95 All Other Criminal Offenses 24 35 32 20 9 7 261 26 I 22 35 28 38 32 23 204 - T u", I JA1�T EEB- M1 + 1 . . .Jlii TTII ,08 Driving Under The Influence 4 j 6 2 7 3 6 64 1 1 9 4 I_ 3 2 4 _24 License/Registration Violations 33 40 28 39 ' 38 38 451 51 45 54 55 v 77_ 4 0 390 _ _- ___ - _. _ _. _ .. . _...-._._ Seatbelt Citations 9 31 8 8 11 12 139 6 € 4 12 , 23 186 15 9 255_ Seatbelt Warnings 8 17 10 4 8 9 9 104 5 11 9 22 38 9 10 104 Speeding Citarions 88 ; 84 92 E 149 119 84 1212 61 175 1511 141 141 82 ' 123 774 Speeding Wammgs 49 61 41 51 58 50 471 26 31 66 j 77 53 47 59 359 ------ Transportation of Alcohol 3 2 1 2 0 0 26 0 1 0 6 3 3 _0 4 16 Uninsured Motor Vehicle 57 43 ( 66 69t54 49 653 44 43 113 1 56 1 121 31151- 459 Total Citations Issued 228 326251 326 267 250 3174 248 ( 248 383 363 5$0 241 325 2388 Total Verbal Warnings Issued 2 1 1 2 1 1 21 5 1 1 4 1 5 Or 2 0 14 _ _, -e Total Written Warnin s Issued 265 331 285 283 386 338 3564 280 ; 'Z71 4371 475 481 375 '5j5 : — 2$34 ..__ 1cc3gY411ie ' afts, aken ,;i'> i ,,,E ,,,. { 1t7LrtXT7G ;*O OGTNO DBGv¢()'PE1y 1' iJA1�T' .FEB. MA aAPIt1VI3 J[iN JUI Q$'=TpTi 3' Hit and Run Accident 6 4 1 5 15 6 4_ _ 60 _5�6 5 3 6 6 5 36_ Property Damage Accident 32 39 49 42� 37 47 461 31 42 34 30 34 1 331 37 239 Personal Injury Accident 6 ; 8 9 5 9 9 70 7 5�3 1 4 9 i 10 8 46 TotalrAccidents Taken 44 51 ' 63i 62 a 52 . 60 544 r 43 E 53 42 's 37 49 47 [ 50 278 Irr "Unlawful Visitation Interference is reported under the Kidnapping Section of the Illinois Uniformed Crime Reporting system. The Kidnapping line item includes this offense in its totals. Y Yorkville Police Department Incident Report Summary R July 15, 2008 through August 10, 2008 �, Report #081858 to #082127 E Re ort # Date Offense a Location 081861 07_/15/08 Accident Route 34 1Route 47 081862 07/15/08 ' Los t/Stolen License Plates 800 Blk Game Farm Road 081863 07/15/08 Theft Over $300 0 Blk. W.Veterans Parkway ;081864 , 07/15/08 :Accident Route 34 1Beecher Road 081865 ' 'M15/08 Suspicious Circumstances 1200 Blk. N.Bridge Street 081866 ` 07/15/08 Disorderly Conduct 1400 Blk. N.Bridge Street 111 .1 11 081867 07/15/08 Runaway 200 Bilk. Walsh Circle :081868 07/16/08 Domestic Battery ; 2000 Blk. Ingemunson Lane ;081869 07/16/08 ;Accident 4 qRoute 71 /Route 47 081870 :' 07/16108 Suspended Registration Fox Street/Route 47 081871 ; 07/16/08 Accident Route 34/Cannonball Trail 081872 ; 07/16/08 Child Safety Seat Check 800 Blk Game Farm Road 081873 07/16/08 O 081873 ° 07/ ; Obstructing Justice Galena Road/Route 47 ; - . 16/08 uspended Drivers License .Galena Road/Route 47 ,081874 07/16/08 Motorist Assist - Lockout 1500 Blk N Bridge Street _ ,081875 ; 07/16/08 Criminal Damage to Property 200 Bilk. Leisure Street _ 081876 ; 07/16/08 Battery ' Ma Street/King Street ; 081876 : 07/16/08 Criminal Damage to Property , Main Street/King Street ;081877 i 07/17i08` No Valid Drivers Licenses Galena Road/Rosenwinkel Street ;081878 07/17/08 Credit Card Fraud 12700 Blk Hobbs Court '081879 ; 07/17/08 Deceptive Practices 200 Blk Windham Circle ;081880 07/17/08 Accident Route 47 1Countryside Parkway 081881 ; 07/17/08 Mandatory Release Notification 5600 Blk Minkler Road 1 1110 1081882 07/17/08 Battery 4000 Blk N.Bridge Street =081883 07/17/08 , No Valid Driver's Licenses Route 71/Walsh Drive 081884 ; 07117/08 Possession of Drug Equipment Route 126/Route 47 1081884 ; 07/17/08 iNo Vand Driver's Licenses Route 126/Route 47 ,081885 ; 07118/08 Batt ery 1400 Blk. Cannonball Trail ;081886 07/18/08 ; Battery 100 Blk Colonial Parkway ;081887 07/18/08 Residential Burglary 900 Blk Harvest Trail _ _081888 07/18/08 , No Valid Drivers Licenses Route 126/Crooked Creek Drive ;081889 . 07/18/08 Canine Vehicle Search . ' Fox Street/Main Street 081890 07/18/08 Civil Assistance Rendered 500 Bilk. S Bridge Street 081891 07/18/08 ; Motorist Assist - Lockout E400 Blk. E.Somonauk Street ;081892 07/18 108Criminal Trespass to Real Property ; 600 Blk River Birch Drive 1081892 i 07/18/08 iSuspicious Circumstances 600 Blk. River Birch Drive ;081893 , 07/18/08 Varrant Arrest : Fox Street/White Oak Way t 81893 07/18/08 Suspended Driver's License Fox Street/White Oak Way ; ,081894 07/18/08 Criminal Damage to Property ' 200-Blk. Fairhaven Drive 0 _081895 0711-9/08 yCriminal Damage to Property ; 200 Blk Leisure Street ;081896 . 07!19/08 Assist Ambulance 3900 BIk Preston Drive _ . ;081897 ' 07/19/08 No Valid Driver's Licenses Fox Street/Route 47 1 . ;081898 07/19/08 Canine Assist ' 1900 Bilk, S.Bridge Street ;081899 07/19108 Burglary from Motor Vehicle 300 Blk. Fairhaven Drive '081899 ; 07/19/08 , Criminal Damage to roperty P 300 Blk Fairhaven Drive 1 . 1'081900 i 07/19/08 : Canine Vehicle Search Route 47/Legion Road .081901 i 07/19/08 ! Burglary from Motor Vehicle 600 Blk Andrea Court ,081901 , 07/19/08 Criminal D amage to Property _1600 BIk. Andrea,Court _ 081902 ; 07/19108 ;Suspended Drivers License Route 47/Cannonball Trail 081903 [ 07/19/08 Canine Vehicle Search Route 47/Cannonball Trail `081904 107/19/08 ; Motorist Assist Lockout 500 BIk. Behrens Street 1 of 6 Y Yorkville Police Department Incident Report Summary 0R July 15, 2008 through August 10, 2008 v,L Report #081858 to #082127 r � E Repor## `081905 07/16/06 " No Valid Driver's Licenses sRoute 71 /Route 47 ,081,906 07/20/08 Domestic Trouble 1400 Blk Orchid Street 081907 07/20/08 : Motorist Assist - Lockout 12800 Blk. N.Bridge Street 081908 ' 07/20/08 =Warrant Arrest 500 Blk. Morgan Street 081909 07/20108 Domestic Trouble ,400 Blk. E.Park Street 081910 . 07/20/08 ,Harassment by Telephone 400 Blk. Sanders Court 081910 07/20/08 Clwl Assistance Rendered ,400 Blk. Sanders Court 081911 07/20/08 , Retail Theft 1500 Blk Sycamore Road 081911 < 07/20/08 ' Disorderly Conduct 1500 Blk Sycamore Road 081912 07/20%08 Domestic Battery ,300 Blk. Mulhern Court - 681913 07120/08 Assist Ambulance 100 Blk Garden Street 9 1914 07/20/08 Domestic Trouble 200 Blk Walsh Circle 081915 07/21 /08 Assist Coroner 100 Blk. Colonial Parkway _ . . . . . :081916 ` 07/21/08 Motorisf Assist - Lockout . 800 Blk. Game Farm Road -- - -- - - , , . 081917 07/21 /08 Burglary 500 Blk. W.Kendall Drive - . . - . - , 081918 07/21/08 Theft $300 and Under 1300 Blk Chestnut Lane 081919 ; 07/21 /08 Accident Route 47/Fairfax Way ; 081920 , 07/21%08 Citizen Assist 200 Blk. Walsh Circle . . . . . . . . . . . . . ._ . . . 081921 , 07/21 /08 Suspicious Circumstances 800 Blk Erica Lane . . . .. . . . . . . . . . . _ . . _ . . 11 081922 ' 07/21 /08 ' Domestic Trouble 200 Blk. W.Fox Street =081923 07/21 /08 ; Suspicious Circumstances 600 Blk, River Birch Drive ._ 081924 ; 07/21 /08 :Accident Ryan Court/Cal . . . . .. Drive 081925 07/22/08 S'uspicious Circumstances 100 Blk E Schoolhouse Road 081926 07/22/08 Suspicious Circumstances 1300 Blk Marketplace Drive 081927 07/22/08 Motorist Assist - Lockout 400 Blk Countryside Parkway . . ;081928 , 07/22/08 ', Fraud 1800 Blk. Marketplace Drive ;081929 07%22108 iAccidenf . Route 71/Route 47 11 - 1_ ... _,. . . . . . . . .. . . . . . . . . . . ... _. . . , _ _. . _ . . . 081930 07/22/08 Sale of Liquor to Minors 2000 Blk S Bridge Street _. ;081931 07/22/08 'Sale of Liquor to Minors 1500 Blk. Sycamore Road =081932 07/22/08 iSale of Liquor to Minors 100 Blk Garden Street y 081933 07/22/08 Sale of Liquor to Minors 200 Blk. Heustis Street ; 081934 ` 07/22/08 Sale of Liquor to Minors 300 Blk E Veterans Parkway .- 081935 07/22/08 ; Suspicious Circumstances 2000 Blk Old Glory Court . 081-936 07/22/08 ,Assist Business Agency City Wide Alcohol Compliance Check 081937 07/23/08 Motor Vehicle Theft 300 Blk. Bertram Drive ; 081937 07/23/08 Cnmmal Damage to Property 300 Blk Bertram Drive . -_ . . . . . . - - _ - -, 1081938 ; 07/23/08 - - --ent ; Route . 7/ ' e' in Road 081939 07/23/08 Child Safety Seat Check `800 Blk. Game Farm Road% . .. 081940 07/23/08 Domestic Battery _ 200 . . . . . . .Blk W Fox Street - - . . . . . . . s . . . . . _.. . , . . . . . ... - ., . _. - 081941 07/23/08 ; CivilAssistance Rendered_ 100 Blk. Appletree Court ;081942 z 07123/08 ;Warrant Arrest ;800 Blk. Game Farm Road 081943 07/23%08 Harassment by Telephone 800 Blk Game Farm Road , 081944 07/23/08 Suspended Drivers License Route 34/Cannonball Trail ;081945 ; 07/24/08 Motorist Assist Lockout 4000 Blk N Bridge Street ;081946 07123/08 , Motorist Assist - Lockout_ 1200 Blk. N.Bridge Street . . . . . . . . . ,_ . 081947 , 07/23/08 Suspicious Person Rosenwinkel Street/Bertram Drive 081948 ? 07/24/08 Accident . . . . � � � � :Route 47/Route-34 ; 081949 07/24/08 Motorist Assist Lockout '400 Blk. Norway Circle = ;081950 ; 07/24/08 :' No Valid Driver's Licenses ; Route 71/Route 47 . . - . , . ._ . ... ;081951 ; 07/24108 iLost Articles 100 Blk. E Stagecoach Trail 081952 ' 07/24/08 Suspended Driver's License Route 47/Menard Drive 2 of s Y Yorkville Police Department Incident Report Summary R July 15, 2008 through August 10, 2008 L Report #081858 to #082127 L E Report # Date Offense. 081953 : 07/24108 Canine Vehicle Search 1700 Blk. Marketplace Drive 081954 07/24/08 Accident Route 47/Garden Street „ 081955 07/25/08 Criminal Damage to Property , 300 Blk. Fairhaven Drive 081956 : 07/25/08 Animal - Stray 10000 Blk. Baseline Road 081957 i 07/25/08 .Accident Route 34/Autumn Creek Boulevard 081958 07125/08 Motorist Assist - Lockout 100 Blk. W.Fox Street 081959 07/25/08 ', Motonst Assist - Lockout 2000 Blk S Bridge Street 081960 ' 07/25/08 'Accident Galena Road/Route 47 081961 i 07/25/08 Criminal Damage to Property '400 Blk. Heustis Street 081962 : 07/25/08 Motorist Assist - Lockout 4000 Blk. N.Bridge Street 081963 : 07/25/08 Accident Route 47/Hydraulic Avenue _ . . ,081964 07/25/08 Suspended Driver's License ' Gardiner Avenue/Pierpoint Lane ;081965 , 07/25/08 Civil Assistance Rendered_ ;200 Blk Johnson 08 Street 1966 07!26/08:Warrant Arrest Route 34/Route 47 081967 : 07/26/08 'Canine Vehicle Search 1400 Blk N Bridge Street 1 . . 1. ;081968 07/26/08 Criminal Damage, to Property 41100 Blk Spring Street 081969 07/26108 Suspended Driver's License ; Route 71/Walsh Drive 1081970 . 07/26!08 Criminal Damage to Property ' 1500 Blk. Coral Drive , . . ; : 081971 i 07/26/08 .Warrant Arrest : Route 71 /Route 47 081972 ! 07/26/08 Motorist Assist - Lockout 4000 Blk N Bridge Street • 081973 ! 07/26/08 Motorist Assist - Lockout 500 Blk Fairhaven Drive ;081974 ; 07/26/08 : Child Safety Seat Check 0 Blk W Countryside Parkway 081975 07/26/08 Child Safety Seat Check 0 Blk W Countryside Parkway ; 081976 t 07/26/08 .Child Safety Seat Check 0 Blk. W.Countryside Parkway 081977 07/26/08 Child Safety Seat Check O Blk. W Countryside Parkway '081978 07/27/08 ;Assist Ambulance ' 100 Blk. Appletree Court 081979 i 07/27/08 Domestic Battery 1200 b- k Marketplace Drive 081980 07/26/08 ;Assist Count y Police ;9000 Blk Route 34 _ . . . . . . _081981 ' 07/27/08 . Domestic Battery : 100 Blk. E.Schoolhouse Road ,081981 07/27/08 Resisting a Peace Officer 100 Blk E Schoolhouse Road 081981 07/27108 Criminal Sexual Assault 1OO Blk. E.Schoolhouse Road 081982 , 07/27/ 8'iAccident Route 34/Countryside Parkway ,081983 07/27/08 Found Bicycle 18300 Blk. Galena Road _ . . 081984 07/27/08 Theft $300 and Under ; 100 Blk. E Somonauk Street ;081985 , 07/27/08 Accident ; Cannonball Trail/Route 47 081986 i 07/27/08 iAccident Route 47/Kennedy Road :081987 , 07/27/08 Domestic Battery„ x100 Blk Bertram Drive 081988 . 07/27/08 Domestic Battery 11300 Blk Marketplace Drive . 081989 „ 07/27/08 Dumping Garbage Cottonwood Trail/Diehl Farm Road ,081990 y _ . 3 07/27/08 Criminal Damage to Property 1300 Blk Sp-rng Street I 081991 i 07/27/08 ;Theft $300 and Under 1600 Blk. Beecher Road :081992 07/28/08 Criminal Damage to Property, 300 Blk Olsen Street 081993 07%28/08 Child Safety Seat Check 800 Blk. Game Farm Road ;081994 07/28/08 IC, heft $300 and Under 1200 Blk Chestnut Lane :081995 07/28/08 ;Citizen Assist : 800 Blk. Game Farm Road :081996 07/28108 iPossession of Cannabis , Route 34/Diehl Farm Road _ . '081996 07/28/08 Possession of Drug Equipment , Route 34/Diehl Farm Road 081996 07/28/08 Suspended Drivers License Route 34/Diehl Farm Road , . . , _ . . . . . . . . . . . . . . . . . . . .. . . E . . . . . . . . . .. . , . . . .. . . _ . .. . . . e .: ;081997 !, 07/28 108 ' Canine Vehicle Search ; 600 Blk. W.Veterans Parkway 081998 07/28/08 Domestic Battery 200 Blk. Burnett Street _ . . . '081999 07/28/08 Suspicious Circumstances 1900 Blk Raintree Road 3 of 6 Y Yorkville Police Department Incident Report Summary R July 15, 2008 through August 10, 2008 � L Report #081858 to #082127 r :. L E Repoit # Date � zoffens� �� _ Location � ., t 082000 07/28/08 Domestic Battery_ } 100 Blk. Colonial Parkway 082001 0712 _ 8/08 Other Public Complaints, 200 Blk Heustis Street P _ y 082002 407/29/08No Valid Drivers Licenses Route 47/Route 30 082003 07/29/08 Junk/Salvage Title Investigation 300 Blk Heustis Street 082004 07/29/08 Junk/Salvage Title Investigation 100 Blk. E Stagecoach Trail 082005 07/28/08 , Motorist Assist - Lockout 11290 Blk, N:Bridge Street 082006 07/29/08 Neighborhood Trouble 1900 Blk. Banbury Avenue 082007 07/29/08 Accident Route 47/Appletree Court 082008 , 07/29/08 Mini-Bikes/ATV Complaints , 3600 Blk. Kennedy Road 082008 : 07/29/08 Assist County Police 3600 Blk. Kennedy Road 082009 07/29/08 Suspended Driver's License Route 47/Route 34 082010 07/29/08 Driving Under the Influence of Alcohol Route 47/Fairfax Way . . 082011 , 07/30/08 Suspicious Circumstances 900 Blk. Prairie Crossing Drive 082012 07/30/08 Accident McHugh Road/Route 34 082013 07/30/08 Criminal Damage to P opert j4000 Blk N Bndge Street 082014 07/30/08 ; MotoristAssist Lockout ;2200 Blk Beresford Drive 082015 07/30/08 Assist Ambulance 200 Blk Heustis Street . . 082016 07/30/08 No Valid Drivers Licenses Galena .. . . . .. . . . oad/Route 47 082017 07/30/08 : Possession of Alcohol by Minor 1000 Blk. Hampton Lane ; 082018 ' 07/30/08 'Assist Ambulance 100 Blk. E.Somonauk Street 082018 07/30/08 Suspicious Person 100 Blk E Somonauk Street g-111 082019 . 1 . 1108 Suspicious Circumstances 1200 Blk N Brid a Street 082020 07/31/08 11 otorist Assist -Lockout 1400 Blk: N Bridge Street 082021 ' 07131/08 : Found Articles : 300 Blk. Park Street 082022 07/31/08 Suspicious Circumstances 600 Blk. Teri Lane 082023 07/31/08 Disorderly Conduct 1800 Blk Walsh Drive 082024 ; 08/01/08 ; Motorist Assist - Lockout ; 100 Blk. Bert ram Drive 082025 08/01108 Residentrel Burglary _ . . . . 1000 Blk John Street 082025 08/01/08 ' Motor Vehicle Theft 1000 Blk. John Street 082026 08/01/08 Burglary from Motor Vehicle 1000 Blk Independence Boulevard 082027 '1` 08-/'0' 8!01/08 Possession of Alcohol by Mmor 300 Blk E Washington Street _. .. . . ; 082028 ; 08/01 /08 .Accident 1600 Blk. N.Beecher Street 082029 08/01/08 . Disorderly Conduct j 1200 Blk Badger Street 082030 08/01/08 Other Public Service 800 Blk Game Farm Road _ 082031 , 08/01/08 Assault 1400 Blk_ Cannonball Trail 082032 ; 08/01/08 ; Motoris t Assist - Lockout ; 500 Blk. Powers Court 082033 , 08/01/08 :Accident Route 47/Route 34 11 082034 08/01/08 Accident Countryside Parkway/Center Parkway 082035 , 08/01/08 Criminal Damage to Property 1300 Blk Marketplace Drive 082036 08/02/08 Possession of Alcohol by Minor 500 Blk Dolph Street 082036 ` 08/02/08 Consumption of Alcohol by Minor 500 Bik Dolph Street _ . _ . . . . ,. 082037 t 08/02/08 Driving Under the Influence of Alcohol BeaverStreet/Route 47 082037 08/02/08 Suspended 'Driver's License Beaver Street/Route 47 082038 08/02/08 Suspicious Circumstances 100 Blk E Schoolhouse Road 082039 j 08/02/08 ; Theft Over $300 ; 1500 Blk. Coral Drive . . . - . . . .. _ . .. . . ... . . .. . .. _. . . , 082040 ; 08%02%68 Accident Route 47/Landmark Avenue . .. .. _ _- . . 0 I 82041 08/02/08 Motorist Assist Lockout 4500 Blk Rosenwinkel Street - 082042 08/02/08 Motorist Assist Lockout 200 Blk E Veterans Parkway 082043 08/02/08 ; No Valid Driver's Licenses Countryside Parkway/McHugh Road 082044 i 08/02/08 Domestic Trouble_ 100 Blk. W.Kendall Drive ` 082045- : 08/03%OB .No Valid-Driver's Licenses River Street/Church Street 4 of 6 Y Yorkville Police Department Incident Report Summary AK July 15, 2008 through August 10, 2008 ` Report #081858 to #082127 �: .. L E Report # Date Offense � h v ` Locataon 082046 '. 08/03/08 . Motorist Assist- Lockout 200 Blk. W.Veterans Parkway 082047 ! 08/03/08 . Lost/Stolen License Plates 400 Blk. E.Park Street 082048 08/03/08 Found Articles 1300 BIk, Evergreen Lane 082049 08/03/08 Motorist Assist - Lockout 4000 Blk. N.Bridge Street 082050 ` 08!03/08 Motorist Assist - Lockout , 1600 BIk. Nbeecher Street 082051 08/03/08 . Criminal Damage to Property 1800 BIk Walsh_ Drive . . _ . 082652 08/03/08 'Accident Route 30/Route 47 082053 ! 08/03/08 Domestic Trouble 100 Blk E Fox Street 1 . 082054 ' 08/04/08 Curfew Violation ; 1200 Blk. N.Bridge Street 082055 : 08/04/08' Accident `200 Blk. Church Street '082056 , 08/04/08 ' Motorist Assist - Lockout 300 Blk. Mulhern Court ;082057 08/04/08 Child Safety Seat Check ' 800 Blk Game Farm Road c i 082059 08/04/08 ! Acident . 900 Blk lk 00B Walter Street Erica Lane 082060 , 08/04/08 Disorderly Conduct 1100 Blk N.Bridge Street `082061 y 08/04/08 Suspicious Circumstances , Catalpa Trail/Redbud Drive _ 082062 ; 08/04/08 ; Suspicious Circumstances 400 Blk. Landmark Avenue Circ le 082064 08/04/08 Suspicious Circumstances 082063 08/04/08 Domestic Cir c u 200 BIk. W alsh mstances Redbud Drive/Catalpa Trail ' `082065 08/05/08 Burglary 2300 Blk Autumn Creek Boulevard 082066 08/05/08 ,Towed Vehicle Route 71/Wing Road ;082067 08/05/08 Warrant Arrest Route 34/Marketplace Drive ; x082068 08/05/08:Warrant Arrest Route 71 1Route 126 :082068 t08 105/08iNo Valid Driver's Licenses : Route 71/Route 126 082069 08/05/08 . Forgery 1900 Blk S Bridge Street ;082070 ; 08/05/08 ; Motorist Assist - Lockout 4000 Blk. N.Bridge Street .082071 ; 08/05/08 Motorist Assist - Lockout 400 Blk Countryside Parkway 1 .11 A82072 ` 08106/08 Mandatory Release Notification 800 Blk Game Farm Road :082073 08/06/08 ; Mandatory Release Notification ,800 Blk. Game Farm Road ;082074 , 08/05/08 " Motorist Assist - Lockout 4000 Blk. N.Bridge Street 082075 ; 08/05/08 Domestic Trouble 1800 Blk Game Farm Road 082076 08/05/08 : Domestic Trouble 100 Blk. W.Washington Street • 082077 08/05/08 Motorist Assist Lockout 100 Blk. W Veterans Parkway ;082078 ' 08/05/08 Motorist Assist - Lockout 1100 Blk. Cornell Lane ;082079 , 08/05/08 Motorist Assist - Lockout 900 Blk. N.Bridge Street ,082080 08/06/08 Criminal Trespass to Vehicle 100 Blk. Appletree Court :082081 08%06/08 Burglary from Motor Vehicle 100 Blk Appletree Court ;082081 ' 08/06/08 Criminal Damage to Property 100 Blk. Appletree Court 082082 08/06/08 , Motorist Assist - Lockout , 2000 BIk S Bridge Street „ :082083 ; 08/06/08 Accident ; 7000 Blk S Bridge Street .082084 ; 08106/08 'sldentity Theft A000 Blk. John Street _. 082085 08/06/08 Criminal Trespass to Vehicle 400 W.Kendall Drive _ . . A82086 = 08/06/08 ,Accident Route 47/Hydraulic Avenue t ;082087 ; 08/06/08 ` Other Public Complaints E2400 Blk. Fairfax Way . . . _ :082088 j 08/06/08 Assist Other Police Department 1500 Blk N.Bridge Street 082089 08/06/08 . Burglary from Motor Vehicle 100 Blk. Appletree Court . ;082090 08/06/08 - Mandatory Release Notification ; 800 Blk Game Farm Road = 082091 08/06/08 Motorist Assist - Lockout ; 900 Blk Erica Lane 082092 ' 08/06/08 jheft $300 and Under 200 Blk. River Street 082093 i 68/06/08 Suspended Driver's License Route 71/W.Highpoint Road 082094 ` 08106/08 ' Canine Assist Route 7l/W.High point Road 5Of6 Y Yorkville Police Department Incident Report Summary R July 15, 2008 through August 10, 2008 L Report #081858 to #082127 L E Reporf # Date Offense' 082095 : 08/06/08 Suspicious Circumstances _ '2900 Blk. Old Glory Drive 082096 08/07!08 Suspended Driver's License , Galena Road/Route 47 082097 08/07/08 :Accident :Van Emmon Road/Mill Street 082098 08/07/08 : Sex Offender Registration 800 Blk. Game Farm Road 082099 i 08/07/08 Accident Powers Court/W.Kendall Drive 082100 = 08/07 71/Route 126 /08 -Suspended Driver's License Route r 082101 08/07/08 ' Citizen Assist Havenhill Court/Preston Drive 082102 08/07/08 Domestic Trouble 400 Blk. E Kendall Drive 082103 ; 08!07/08 Canine Training 700 Blk. Fabyen Parkway 082104 08/07/08 Motorist Assist - Lockout 1500 Blk. N.Bridge Street 082105 08/08!08 Suspicious Circumstances 2000 Blk. S.Bridge Street _ . 082106 08/08/08 ; Suspended Driver's License Route 47/1N.Main Street 082107 08/08/08 Motorist Assist -_ Lockout 400 Blk. E Barberry Circle 082108 08!08/OS . No Valid Driver's Licenses Route 34/E.Rickard Drive I — ' . .. . . . . . . . . . . . . . . . . . . _ . . _ _ , . . . . .. . . . . , . . . . . .. . . . . . . . . . _ , . . . . . .. _ . . . . . . .. ..t 082109 : 08/08/08 . Child Safety Seat Check 800 Blk. Game Farm Road 082110 08/08/08 ' Motorist Assist Lockout ;Fox Street/S.Bridge Street = . 9 . . . . . . . . . .._ I 082111 08108/08 :Suspended Driver's License Route 34/Eldamain Road _. . . .. . ._ . . . . . . . , .. . . . . . . . . . . ._ . _ . . . 082112 ' O8/08/08 .Accident Route 47/Route 34 ; 082113 . 08/08108 . Accident Omaha Drive/Auburn Drive 082114 08/08/08 Theft $300 and Under 1500 Blk Morgan Street 082115 08/09/08 . Motorist Assist - Lockout 1300 Blk. Marketplace Drive 082116 ; 08/09/08 Found Bicycle ; 1600 Blk. Beecher Road_ 082117 08/09)08 Juvenile Runawa 300 Blk Mulhern Court Y - - - 082118 ? 08/09/08 Domestic Trouble 1300 Blk. Marketplace Drive _ . 082119 08!09/08 Criminal Damage to Property 400 Blk Wmterberry_ Drive _. ._ 082120 08/10/08 ; Domestic Battery 1200 Blk. Marketplace Drive 082121 . 08/10/08 Burglary from Motor Vehicle 400 Bik Elm Street 082122 08/10!08 Motonst Assist Lockout 1 20I 0 Blk E Veterans Parkway 082123 08/10/08 Assist City Fire Department John Street/Diehl Farm Road . , - . . . . . .. . . . . . . . .. .. . . ... .. . . . < 082124 08/10/08 Warrant Arrest Center Parkway/E Countryside Parkway 082125 , 08/10/08 Accident Route 126/Route 71 ; . _ . .. . . . . . .. . . . . . . . . . . . . . . . . ._. . . ., 082126 08!10!08 Found Articles Route 34/McHugh Road ,ki`III - 082127 08/10/08 ; Motorist - - - - - - - - - -- - - - -Assist - Lockout '4500 Blk. Winchester Lane 6 of i j I I I -. � ; I ��- � i��` a�o� �� o �� `� ��-�� G �� -tea �,,��,��'�� .� �'�� _ .. . I W-81 O. FLYNN H UTGHI NSON MINN . 55350 i i i J `QED cl?�. Reviewed By: J= h T Legal ❑ City Council Finance ❑ C� # �� EST. , 1836 Engineer ❑ O y City Administrator F-1 Agenda Item Tracking Number Consultant ❑ mn `� ❑ <LE ��'�• City Council Agenda Item Summary Memo Title: Ordinance Amending City Code Regarding Penalty References City Council/ COW/ Committee Agenda Date: L)U-✓ i(- Synopsis: This ordinance updates the code book to encompass the Administrative Adjudication process. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Harold O. Martin III Police Department Name Department Agenda Item Notes: This ordinance will assist in updating the General Penalty chapter. It also updates the penalty references that have changed throughout the code book due to the implementation of the administrative adjudication process. Ordinance No. " AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the Mayor and City Council of the City have determined that it is in the best interests of the City to implement Administrative Adjudication; and, WHEREAS, pursuant to Section 1-13- 10 of the City Code, the Administrative Adjudication process allows a Hearing Officer to impose a fine or penalty according to his or her best judgment, if no fine or penalty is expressed in the City Code, but in no event more than $750.00 per day. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. Title 1 , Chapter 4, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: GENERAL PENALTY: Whenever in this City Code an act or omission is prohibited or declared to be unlawful or an offense or a violation of this City Code, or whenever in this City Code the doing of an act is required or the failure is declared to be unlawful or an offense or a violation of this City Code, where no specific penalty is provided therefor, the violation of any such provision of this City Code is provided therefor, the violation of any such provision of this City Code is hereby declared to be an offense and shall be punishable by a fine not to exceed seven hundred fifty dollars per day ($750.00). (1994 Code) Section 2. Title 3, Chapter 4, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection G. Section 3. Title 3, Chapter 4, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: All licenses granted by the Mayor or City Council for exhibitions, musical entertainments, circuses, theatrical performances, panoramas and all other shows and exhibitions where a license is required, shall contain a clause that no gaming, raffle, lottery or chance gift distribution of money or articles of value shall be connected therewith, nor allowed by the person obtaining said license, or in anywise permitted to hold out as an inducement to visitors; and when any person or persons shall be charged by a credible person with having violated the provisions of his or her license as aforesaid, the Mayor is directed to give the parties accused reasonable notice thereof and inquire into the truth of said charges, and if the accusation be sustained, he shall declare the license of such person or persons forfeited and revoke the same. (RO 1882, Ord., 6-18- 1881 ; amd. 1994 Code) Section 4. Title 3, Chapter 4A of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 11 . Section S. Title 3, Chapter 4B of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 11 . Section 6. Title 3, Chapter 4C, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection A. Section 7. Title 3, Chapter 5A, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: Any violation of any section of this Article, or any fraud or deceptive practice shall be deemed grounds for the immediate dismissal of any seller, person, firm, or corporation from the marketplace by order of the City Recreation Director. (Ord. 1998- 19, 5-28- 1998) Section 8. Title 3, Chapter 6 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 5. Section 9. Title 3, Chapter 11 , Section 14 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: Each day of violation shall constitute a separate and punishable offense. (Ord. 98-26, 8- 27-1998) Section 10. Title 4, Chapter 1 , Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection C in its entirety and replacing it with the following: C. A person who shall neglect, fail or refuse to abate such nuisance after notice thereof, whether said notice be verbal or in writing, shall, for each twenty four (24) hours thereafter during which said nuisance continues, be subject to a like penalty as that originally incurred. (Ord. 1970-54, 3-12-1970; amd. 1994 Code) Section ll. Title 4, Chapter 2A, Section 7 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: Imposition of any penalty for a violation of this Article shall not be construed as a waiver of the right of the city to collect the costs of removal of such nuisances in accordance with the provisions of this Article, where it is necessary for the City to remove such nuisances in accordance with the provisions hereof. (Ord. 1958-40, 6-12-58; 1994 Code) Section 12. Title 4, Chapter 3, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: Any person who shall neglect, fail or refuse to abate or remove such nuisance after notice thereof shall, for each twenty four (24) hours thereafter during which said nuisance 2 continues, be subject to a like penalty as that originally incurred. (Ord. 1970-54, 3-12-70; 1994 Code) Section 13, Title 5, Chapter 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 8. Section 14. Title 6, Chapter 1 , Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection C. Section 15. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A-3b(2). Section 16. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A-4. Section 17. Title 6, Chapter 2, Section 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B-5. Section 18. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: The provisions of this section regulating the parking of vehicles shall not apply to emergency vehicles while the driver thereof is engaged in the performance of emergency duties, nor shall such provision apply to persons actually engaged in repairing or otherwise improving the streets under the authority of the city council or the state, nor shall the provisions of this subsection apply to the intermittent standing of any vehicle in said prohibited area when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device. (Ord. 1974-66, 9-12-1974) Section 19. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled 'BEAVER STREET" in its entirety and replacing it with the following: There shall be established "no parking" zones on the south side of Beaver Street, the east side of Badger Street, the west side of Deer Street, and the north side of Wolf Street in the Fox Industrial Park. (Ord. 2001 -38, 6-28-2001 ) Section 20. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "COLONIAL PARKWAY" in its entirety and replacing it with the following: A "no parking" zone on the north side of Colonial Parkway between Illinois Route 126 and Illinois Route 47. (Ord. 2000-58, 11 -9-2000) Section 21. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "HILLCREST AVENUE" in its entirety and replacing it with the following: 3 A "no parking" zone shall be established on portions of Hillcrest Avenue, from the centerline of the intersection of Hillcrest Avenue with Sunset Avenue, one hundred fifty seven feet (157') west to a distance of one hundred fifty nine feet (159) east from the intersection of Hillcrest Avenue and Center Parkway as depicted in the drawing attached to ordinance 1995-18 on file in the office of the city clerk, incorporated herein by reference and made a part hereof as Exhibit A, and from the centerline of Center Parkway West six hundred fifty two feet (652') west, and two hundred seventy feet (270') going south to the centerline of the intersection of Hillcrest Avenue and Leisure Street as depicted in said drawing incorporated herein by reference and made a part hereof as Exhibit A. (Ord. 1995-18, 6-22-1995) Section 22. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "ILLINOIS ROUTE 47" in its entirety and replacing it with the following: A. Parking will be prohibited on both sides of Illinois Route 47 extending five hundred feet (500') both north and south of Cannonball Trail Road. B. There shall be no parking along the west side of Route 47 (park side) from West Main Street to West Center Street during the hours of one o'clock (1 :00) A.M. to five o'clock (5 :00) A.M. Section 23. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "MILL STREET" in its entirety and replacing it with the following: A. A "no parking" zone shall be established on the east side of Mill Street running northerly from Route 126 to the intersection of Walter Street. (Ord. 1995-17, 5-25-1995; amd. Ord. 2001 -37, 6- 14-2001) B. A "no parking" zone on the paved/hard surface on both sides of Mill Street between Van Emmon Road and Fox Street, in Yorkville. The public works department is directed to prepare and install "No Parking" signs at this location. (Ord. 2001 -37, 6- 14-2001) Section 24. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "SYCAMORE ROAD" in its entirety and replacing it with the following: A. Parking will be prohibited on both sides of Sycamore Road from U.S. Route 34 to three hundred feet (300') south. B. A "no parking" zone shall be created on the east and west of Sycamore Street between Route 34 and John Street. (Ord. 2005-67, 8-9-2005, eff. 8-9-2005) Section 25. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "U.S. ROUTE 34" in its entirety and replacing it with the following: 4 A. Parking will be prohibited on both sides of U.S. Route 34 for the length of eight hundred feet (800') both east and west of Sycamore Road. (Ord. 1998-24, 8-13-1998) Section 26. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WALNUT STREET" in its entirety and replacing it with the following: Parking will be prohibited on both sides of Walnut Street from Illinois Route 47 (Bridge Street) to one hundred fifty feet (150') east. (Ord. 1997-9, 4- 10-1997) Section 27. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST CENTER STREET" in its entirety and replacing it with the following: There shall be no parking on the south side of West Center Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Center Street during the hours of one o'clock (1 :00) A.M. to five o'clock (5 :00) A.M. Section 28. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST JOHN STREET" in its entirety, and replacing it with the following: A "no parking" zone on West John Street from Cannonball Trail to its terminus between the Kendall County courthouse and jail. (Ord. 1999-24, 12-2- 1999) Section 29. Title 6, Chapter 2, Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting paragraph titled "WEST MAIN STREET" in its entirety and replacing it with the following: There shall be no parking on the north side of West Main Street (park side) from Route 47 to a point eighty feet (80') from the corner of the intersection of Route 47 and West Main Street during the hours of one o'clock (1 :00) A.M. to five o'clock (5:00) A.M. (Ord. 2000-30, 6-22-2000) Section 30. Title 6, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection A3. Section 3L Title 6, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B3. Section 32. Title 6, Chapter 2, Section 3, Subsection C of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following: 1 . Prohibited Parking Areas Described: A "no parking" zone shall be created on any grassy area of the Beecher Community Building property located at 908 Game Farm Road. 5 2. The city shall be allowed the right to tow any vehicles from said "no parking at any time" zone, that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord. 1991-8, 4- 25-1991 ) Section 33. Title 6, Chapter 2, Section 3, Subsection D of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following: 1 . Prohibited Parking Areas Described: Parking shall be prohibited on all city parkways in the area between the curb and sidewalk area, at all times. 2. The city shall be allowed the right to tow any vehicles from said "no parking" zones that are parked in violation thereof, and assess to the owner or driver of said vehicle, any and all reasonable towing charges as are billed to the city. (Ord. 1991 -8, 4-25-1991) Section 34. Title 6, Chapter 2, Section 3, Subsection F of the United City of Yorkville Code of Ordinances is hereby amended by deleting said subsection in its entirety and replacing it with the following: Parking of Nonmotorized Vehicles: There shall be no parking permitted on city rights of way or city streets, for detached nonmotorized vehicles of any kind, including, but not limited to, trailers, semitrailers, utility trailers, construction equipment, and any other detached nonmotorized type vehicle except for construction or business nonmotorized vehicles that are parked at an active construction site ("active" being defined as "work is being conducted at the location on the same day") in which case the nonmotorized vehicle may be parked during daylight hours, must be removed before dark and must be secured by chocks upon both left and right side tires and shall be identified by cones, placards or other warning device placed both in front and behind the nomnotorized vehicle. (Ord. 2006-45, 6-13-2006) Section 35. Title 6, Chapter 2, Section 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection G-4. Section 36. Title 6, Chapter 2, Section 4 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: A. The following areas shall be designated for two (2) hour parking and no vehicle shall be parked upon said designated areas for more than two (2) consecutive hours between the hours of six o'clock (6:00) A.M. and eight o'clock (8:00) P.M. daily, including Sundays and holidays: City parking lot contiguous to Van Emmon Street on the south and an alley running northerly between Van Emmon Street and Hydraulic Avenue, said city parking lot being more fully described as follows: commencing in the Southwest corner of Lot 6 in Block 12 of Black's Addition to the City of Yorkville; running thence northerly along the east line of an alley, 87 feet; thence easterly along the north line of said Lot 6, 57 feet; thence southerly 87 feet, more or less, to the north line of Van Emmon Street; thence westerly along said Van Emmon Street, 57 feet to the point of beginning, in the City of Yorkville, 6 Kendall County, Illinois. (Ord. 1971 -8, 6-10-1971 , eff. 7-1 -1971) Van Emmon Street, between the east line of an alley running between Van Emmon Street northerly to Hydraulic Avenue and midway between Bridge and Heustis Streets. B. A "two hour parking" zone is hereby created on the north side of Hydraulic Avenue for one hundred fifty feet (150') commencing at its intersection with Route 47 and terminating one hundred fifty feet (150) westerly thereof (Ord. 1987-6, 5-28- 1987) Section 37. Title 6, Chapter 2, Section 6 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection B. Section 38. Title 6, Chapter 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 8. Section 39, Title 6, Chapter 3 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 7. Section 40. Title 7, Chapter 1 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: All trees hereafter placed upon or along any sidewalk in the city shall be placed six feet (6) from the outside of the street or back of curb and at least fifteen feet (15) apart. (RO 1882, Ord., 7- 14-1881 ; amd. 1994 Code) Section 41. Title 7, Chapter 4, Section 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection E in its entirety and replacing it with the following: Animal Biting Person: It shall be unlawful for any person to have a dog or any other animal bite or otherwise injure a person. Section 42. Title 7, Chapter 5, Section 9 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection C-2. Section 43. Title 7, Chapter 5 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 14. Section 44. Title 8, Chapter 1 , Section 2 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Subsection D. Section 45. Title 8, Chapter 1 of the United City of Yorkville Code of Ordinances is hereby amended by deleting Section 7. Section 46. Title 8, Chapter 3, Section 4 of the United City of Yorkville Code of Ordinances is hereby amended by deleting said section in its entirety and replacing it with the following: No such person shall be liable for the penalty herein provided until after he has received a notice from the City Clerk, by mail or in person, of the fact that a building owned or occupied by him does not have the proper number to comply with this chapter. 7 Section 47. 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 JOSEPH PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 8 ♦QED C/py Reviewed By: J2 R O� Legal ❑ Ci 1836 Council EST. �. Finance F1 � # 0&? Engineer ❑ City Administrator ❑ Agenda Item Tracking Number Consultant F1 Oc�$ ' 3 <LE `vv City Council Agenda Item Summary Memo Title: Ordinance Approving Updated Fine Schedule/Repealing Outdated Fine Schedule City Council /COW/ Committee Agenda Date: to l I - Synopsis: This ordinance updates the fine schedule for pre-payment of ordinance violations. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Harold O. Martin III Police Department Name Department Agenda Item Notes: This ordinance updates the fine schedule for pre-payment of ordinance violations. Ordinance No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A FINE SCHEDULE FOR THE PRE-PAYMENT OF CERTAIN CITATIONS PENDING UNDER ADMINISTRATIVE ADJUDICATION WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; and, WHEREAS, the Mayor and City Council of the City (the "Corporate Authorities") approved and adopted an Administrative Adjudication Ordinance as Chapter 13 of the City Code of Ordinances, by Ordinance No. 2008-35 on May 13, 2008; and, WHEREAS, pursuant to the Administrative Adjudication Code, the City now desires to adopt a schedule of fines for the prepayment of certain ordinance citations, where the liability of the person committing the ordinance violation would be determined at an administrative adjudication hearing, but the violator wishes to claim liability and pay the fine instead of appearing before the hearing officer. 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 Z The Fine Schedule for Pre-Payment of Ordinance Citations, attached hereto as Exhibit "A" is approved. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Ordinance No. adopted on August 12, 2008 is hereby repealed. 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 BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR EXHIBIT "A" FINE SCHEDULE FOR PRE-PAYMENT OF ORDINANCE CITATIONS (amended 08-11-2008) (ASSUMES ANY ORDINANCE NOT LISTED HERE IS A MANDATORY COURT DATE UNTIL OTHERWISE AMENDED) Title 3: Business and License Regulations 3-413-2: Mechanical Amusement Devices (fine is per machine/per violation) ...................................................... $25 3-4C-9A: Raffle License............... ........................................................................... ... ...................... ..................... $25 3-7: Solicitors, Hawkers, and Itinerant Merchants (all sections)..................................... .................. ..................... $100 Title 5: Police Regulations 5-2-4: Collars and Tags ............................................................................................... ..................... ...... .............. $25 5-2-5: Running at large ......................................................................................................................................... $25 5-2-6: Disturbing the peace ....................................................... .................. ... .............. ..................................... ... $25 5-2-8: Dog waste ................................................................................................... ............................................... $25 5-3-2-4: Obstructing Sidewalks ............ ... .................................................................................... ......................... $25 Title 6: Motor Vehicles and Traffic 6-1 -1 : Adopted Illinois Vehicle Code 3-413(f) Display of registration plates, registration stickers, and drive-away permits (16-102.5).................... $25 11 -1003 Crossing at other than crosswalks ......................................................... .............................. .............. $25 11 -1007 Pedestrians walking on highways .................................................................... ... ............ ................... $25 11 -1303 Stopping, standing or parking prohibited in specific places (cite specific subsection)....... ............. ... $25 11 -1303(h) Railroad Tracks .............................. ..... ............................................................................................... $500 11 -1304 Additional parking regulations (parallel parking) ........................ .............. ......... ............................ ..... $25 11 -1304.5 Parking of vehicle with expired registration (16-102.5) ............... ....... ...... . ......................................... $25 11 -1406 Obstruction of driver's view/driving mechanism ............................................................. ............. ....... $50 11 -1407 Opening and closing of vehicle doors ................................................ .................................. .............. $50 11 -1410 Coating prohibited ........................................................................ ...................................................... $25 11 -1411 Following fire apparatus ..................................................................................................................... $100 11 -1419.01 Motor Fuel Tax I.D. Card.................................................................................................................... $25 12-101 Driving vehicle which is in unsafe condition or improperly equipped ... .................. ............................ $100 12-201 (a) Daytime lights on motorcycles ............ ..................... ............................... ........................................... $25 12-202 Clearance, identification and side marker lamps ..................................... .......................................... $50 12-204 Lamp or flag on projecting load .......................................................................................................... $25 12-205 Failure to display the safety lights required ........................................................................................ $25 12-401 Restrictions as to tire equipment........................................................................................................ $25 12-502 Mirrors ........ .............................. ............. ......................................................................................... .... $25 12-503 Windshields must be unobstructed and equipped with wipers - 1 st Offense ..................................... $50 12-503 Windshields must be unobstructed and equipped with wipers - 2nd and Subsequent Offenses ....... $100 12-601 Horns and warning devices ................................................................................................................ $25 12-602 Mufflers, prevention of noise ...................................................................................... ................... ..... $25 12-603 Seat safety belts...................... ......... ........................................... ..................................................... .. $25 12-702 Certain vehicles to carry flares or other warning devices ............................................................. ... .. $25 12-703 Vehicles for oiling roads operated on highways .......................... ............................ .......................... $50 12-710 Splash guards and replacements .......................................... ................ ......................... ................... $25 13-101 Safety tests................. ........................................................................................................................ $150 15-102 Width of vehicles (1st and 2nd Offense) ......................................................................0................ ....... $50 15-102 Width of vehicles (3`d and Subsequent Offenses)........... .0......0...0.... .................................................. $500 15-103 Height of vehicles (1 "' and 2"d Offense) ............................................................................................. $50 15-103 Height of vehicles (3`d and Subsequent Offenses) ............ ................................................................ $500 1 6-1 -1 : Adopted Illinois Vehicle Code (continued) 15-107 Length of vehicles (1 �t and 2nd Offense)............................................ .......................... ....................... $50 15-107 Length of vehicles (3 d and Subsequent Offenses)............................... ... .......................................... $500 15-109.1 Covers or tarpaulins required for certain loads ....................... ........................................................... $50 15-111 Wheel and axle loads and gross weights (1 " Offense)...................................... ................................ $250 15-111 Wheel and axle loads and gross weights (2nd Offense) ............................. ........................................ $450 15-111 Wheel and axle loads and gross weights (3`d Offense) ...................... ... ............................................ $650 15-111 Wheel and axle loads and gross weights (4th Offense) .......................... ........................................... $750 15-112(g) Driver of vehicle refuses to stop and submit to weighing.................................................... ............... $500 15-301 Permits for excess size and weight.................................................................................................... $75 15-316 When the Department or local authorities may restrict right to use highways ................................... $75 Additional Parkina Reaulations 6-2-1 : Parking regulations/restrictions ............... ...................................... ....... .................... ............. ..................... $25 6-2-2: Parking prohibited on certain streets..................................................................... ...... .......... .......:............. $25 6-2-3A: Bicentennial Park and Recreation area ................................................. ....... ............ ....... ..................... ... $25 6-2-3B: School Zones ......... .......... ........................... .......................... ............................... ......... ...................... ... .. $50 6-2-3C: Beecher Community Building parking ....................... .................................... ........................................ .. $25 6-2-3D: City Parkways .......................................................................................................................................... $50 6-2-3F: Parking of Nonmotorized Vehicles ............ ............................................ ... ................... ............. ................ $50 6-2-3G: Parking After Snowfall ... ........ ............... ................ ................................................................................... $50 6-2-4: Two hour time limit .............................. ............................. ................................................. ......................... $25 6-2-6: Commercial vehicle parking .. . ...... .............................................................................................................. $25 Title 7: Public Ways and Property 7-1 -3: Snow deposits on streets .... ....................................................................................................................... $50 7-4: City Parks and Forest Preserves (all sections) ......................................................................... .................... $50 7-5-9C2: Water use penalties ........................................................................................... .................................. .. $100 7-5-15C: Restricted Hours and Days for Specified Use ............... .................................. ... ...... ............................. $100 7-5-15D: Sod Laying/Lawn Seeding/Landscape Planting .............................................................. ...................... $100 7-5-15E: Waste of Water Prohibited ....... ........................................................................................... ................... $100 7-5-15H: Hydrant Use Prohibited . ....... ......................................................................................... ............... ......... $100 7-5-151: Emergency Proclamation .... ............................................................................... ......... ............................ $200 2 `QED C/T� Reviewed By: J= T Legal ❑ City Council ®'p g eh #a3 esr. 1 1836 Finance ❑ Engineer ❑ -4 y City Administrator ❑ Agenda Item Tracking Number p� U �� 0UC 19- 135 Consultant ❑ <CE ��'y� ❑ City Council Agenda Item Summary Memo Title: Request to Hire Part-Time Civilian Evidence Custodian City Council/ COW/Committee Agenda Date: CI I ylV1G - j a av fib` Synopsis: This position will assist in the evidence custodian duties for the department; and will be a civilian position. See attached memo for further details. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Harold O. Martin III Police Department Name Department Agenda Item Notes: The Police Chief is requesting we replace one of the part-time officer positions with a civilian Evidence Custodian. This position will assist in offsetting evidence vault, custodian, transport duties, freeing up more time for the sworn Detective Sergeant and Evidence Custodian Sergeant. See attached memorandum for further details. CIp` Yorkville Police Department Memorandum 804 Game Farm Road EST 1 1636 Yorkville, Illinois 60560 -�` Telephones 630-553-4340 00 1 p O� Fax: 630-553-1141 9 � ? <LE Date : August 14, 2008 To : Rose Spears Public Safety Chairman From : Chief Harold Martin Reference : Hire Part Time Evidence Custodian We currently have three (3) part-time officers on our part-time roster. We have been approved for a total of six (6) part-time officers. We have had three part-time officers resign over the past few months and I would like to replace one ( 1) position with a Civilian Evidence Custodian . This position will help relieve our Detective Sergeant, as well as our Evidence Custodian Sergeant. I figure that this will free up on average a total of 10- 15 hours a week of time for both the Sergeants mentioned prior. We will only hire a retired sworn officer for this position . I am looking to pay this individual $20 . 00 per hour for no more than twenty hours a week. This would be a savings in hourly pay alone of $16 . 00 per hour not including benefits (The average Sergeant makes $36.00 per hour plus benefits) . Because of the recent budget issues this will save us from having to have a sworn officer doing duties that can be handled by a civilian, thus allowing more time for investigations and supervision of employees. More and more Police Departments in our area are going to Civilian Evidence Custodians i . e. "Oswego Police Department". Having talked with our Mayor about our recent budget situation I believe this would assist us in putting off any full -time help for at least this Fiscal year. It is also a fiscally responsible thing to do . The person I am considering for this part-time position is Steven Kline who is a recently retired Master Sergeant for the Illinois State Police. Steve had been the Director of our Kendall County Cooperative Police Assistance Team (CPAT) . He is well trained in Evidence custodial duties, evidence handling , and especially the rules and regulations pertaining to evidence . Cc: Mayor Valerie Burd Public Safety Committee City Administrator Brendan McLaughlin Reviewed By: Agenda Item Number Legal ❑ 0A it o7y Finance ❑ EST. , 1836 Engineer ❑ Tracking Number Ln W City Administrator ❑ Consultant ❑ P5 1-900$ Agenda Item Summary Memo Title: Disposal of Surplus Property Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Harold O. Martin III Police Name Department Agenda Item Notes: C/p, PF o,� Yorkville Police Department Memorandum 804 Game Farm Road EST _..:; 1836 Yorkville, Illinois 60560 -" Telephones 630-553-4340 40 O Fax: 630-553-1141 <LE Date : August 9, 2008 To : Rose Spears Public Safety Chair From : Chief Harold Martin Reference : Disposal of Surplus Property Rose, I am requesting that I be able to dispose of a 1996 Chevrolet Caprice with VIN # 1GIBL52P4TR130833 . This vehicle currently has 148, 138 miles on it. We had loaned this vehicle out to Community Development Director Travis Miller. A few weeks ago Travis advised me that he no longer had a use for the vehicle . I would request that I be able to dispose of this vehicle through the Auction Process. We have had very little luck in the past with accepting sealed bids. I do not expect to receive much for the vehicle but believe we may do better through the Auction . Thank you in advance for your consideration in this matter. CC : Mayor Valerie Burd Public Safety Committee i em—hers STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No, 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY, ILLINOIS, APPROVING THE SALE OF CITY OWNED PERSONAL PROPERTY 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, pursuant to Resolution No. 2005-05, the Mayor and City Council of the City (collectively, the "Corporate Authorities") approved a Disposal of Property Policy (the "Policy") on . January 25, 2005; and, WHEREAS, the Policy states that whenever the City owns any personal property having an original value of greater than $500, and said property is determined to be no longer necessary or useful to the City, or it is determined that it is not in the best interest of the City to retain the subject personal property, the City shall be authorized to convey or sell the subject personal property; and, WHEREAS, the Policy further states that in order to convey or sell the subject personal property having an original value of greater than $500, a written determination shall be prepared stating that the City no longer desires to retain ownership of the subject personal property or that the useful life of the subject personal property has expired and shall set forth reasons therefore; and, WHEREAS, said written determination shall be presented to a committee of the City Council, and upon receiving a committee recommendation, the Corporate Authorities by ordinance may authorize the sale of that personal property in such manner as they may designate so long as the sale complies with the applicable statutes contained with the Municipal Code of the Illinois Compiled Statutes; and, WHEREAS, the City owns a 1996 Chevrolet Caprice with an original value of $500 or more, currently with 148, 138 miles on it, identified by VIN#1G1BL52P4TR130833 (the "Property"), which Property had been loaned to and used by Community Development Director Travis Miller until August 1 , 2008, at which point Mr. Miller no longer needed or used the Property; and, WHEREAS, the Chief of Police Harold Martin (the "Chief') is requesting that the Corporate Authorities approve the disposal of the Property through the auction process; and, WHEREAS, the Chief has submitted a written determination as to why the Property should be disposed of to the Public Safety Committee; and, WHEREAS, the Public Safety Committee has recommended the approval of the Chief s request to dispose of the Property at auction. 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 Corporate Authorities hereby approve the disposal of the city owned 1996 Chevrolet Caprice with an original value of $500 or more, currently with 148, 138 miles on it, identified by VIN#1G1BL52P4TR130833 at auction. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 `j0 cip` Reviewed By: Agenda Item Number T Legal ❑ l Finance ❑ EST. , -. 1836 Engineer ❑ Tracking Number -4 W City Administrator ❑ 0 S1 O Consultant ❑ -7 ❑ <CE ��'�• Agenda Item Summary Memo Title: Request to Purchase Vehicle-Replacement Squad for M-19 Meeting and Date: �i� �y1W1U� - B1��jZ1g Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Harold O. Martin III Police Name Department Agenda Item Notes: c/Ty Yorkville Police Department Memorandum 804 Game Farm Road EST 7 T1 ,. 1 636 Yorkville, Illinois 60560 -�� Telephone: 630-553-4340 O Fax : 630-553 4141 kK:ney,aaay `� <CE Date : August 5 , 2008 To : Rose Spears Public Safety Chairman From : Chief Harold Martin Reference : Replacement Squad for M - 19 Rose, we have finally received confirmation from the insurance company of the pay out on Squad M - 19 that was totaled on a traffic stop last month . The insurance company will be paying out $8, 500 plus the cost of stripping the new squad , and transferring of the equipment. The equipment that was in M- 19 is still in very good shape so we will be able to transfer it. The cost of a new Chevrolet Impala through the State bid will be $ 19 ,061 . 31 . The new cars are due in some time with in the next few weeks . I am requesting that we be able to replace M -19 using the insurance money of $8, 500 plus the cost of stripping , and the transferring of equipment. This will leave a deficit of $ 10, 561 . 31 . I do not have any funds in my budget to be able to pay for this request. I am requesting that the money come from the General Budget's Contingency Fund . I want to thank you in advance for considering this request. Cc : Mayor Valerie Burd Public Safety Committee City Administrator Brendan McLaughlin Finance Director Susan Mika 0 ctT` Reviewed By: Agenda Item Number J� 0 Legal ❑ it a� EST. , 1636 Finance ❑ Engineer ❑ Tracking Number 0� y City Administrator F-1 u `�O Consultant ❑ ee ams �LEcW��'`' F-1 Agenda Item Summary Memo Title: Park Naming Requests Meeting and Date: City Council, August 26, 2008 Synopsis: Park name requests for the newly opened park in Autumn Creek Development and the soon-to-be completed park in the Whispering Meadows Development. The park board has submitted both names. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approval of park names Submitted by: Dave Mogle, Director of Parks and Recreation Name Department Agenda Item Notes: See attached park naming applications YDRKVILL6 oL Jt. A4 PARKS d RECREATION PARKS NAMING APPLICATION YORKVILLE PARKS AND RECREATION DEPARTMENT 201 WEST HYDRAULIC STREET - YORKVILLE, IL 60560 PHONE 630-5/.�5/A3-4357 - FAx 630-553-4360 PERSON COMPLETING APPLICATION ON BEHALF OF (PERSON OR ORGANIZATION) � 1�ee � ADDRESS OF PERSON COMPLETING APPLICATION G V / N/ �7 ,r/ G�� r ✓ l G- \OI o HOME PHONE NUMBER WORK � � ��—� f EMAIL C/ //✓I � sL. e'�I` � I �{ � ( � ' u � SUGGESTED NAME / PARK, LOCATION, FACILITY TO BE CONSIDERED FOR NAMING y �v L^1�( l/1 Gr�� ek PLEASE EXPLAIN WHY THIS NAME SHOULD BE CONSIDERED (PLEASE USE BACK OF APPLICATION TO ATTACH ADDITIONAL SHEETS IF NECESSARY). 1 . CZ ,.Sz '�lo /�Jr ��i �j41 Zo G �1P � GrGS f1 D vp� IF NAMING AFTER A PERSON PLEASE VERIFY THAT THE PERSON OR HIS IMMEDIATE SURVIVING FAMILY HAVE BEEN CONTACTED: PERSON CONTACTED PHONE NUMBER DATE CONTACTED BY WHOM Is OFFICIAL USE DATE RECEIVED STAFF INITIALS REQUEST VERIFIED BY STAFF SCHEDULE FOR PARK BOARD REVIEW DATE ACTION CITY COUNCIL DATE ACTION DEDICATION NAME ON SIGNAGE LOCATION OF PARK, FACILITY, BUILDING, THROUGHFARE RECOMMENDATION FOR NAMING OF GREEN' S FILLING STATION PARK • Autumn Creek Park is a Transportation Themed Park • Shelter resembles filling station with pumps • The name "Green's Standard Filling Station" is on a sign on the shelter • Represents an era in which full service auto service stations served our nation's highways before multiple expressways were the norm. • With the Green family, had such a service station in Yorkville which was located near intersections of IL Rt. 47 and US Rt. 34 • US 34 begins in Chicago and runs approximately 1100 miles ending just west of Rocky Mountain National Park in Colorado. It has the notoriety of being the highest US highway in the nation as it rises to over 12,000 ft. in the national park. • IL Rt. 47 begins at the Wisconsin border and runs 169 miles south to Interstate 72 near Seymour, IL • 1 A generation Bobbie and Joyce Green acquired the service station (located in present Pride Pantry across from Town Square Park) in 1967 and called it Bob' s Standard. Formerly operated by Duane "Bud" Hayden, possibly as early as the 1930s. • In 1976, acquired by 2nd generation Kerry and Robin Green and remained a full service auto station until the locations split in 1987. it was called Green's Standard. The Pride Pantry location remained a repair shop and a gas and convenience store was located at the intersection of 34/47. • 3rd generation Chad and Erin Green (brother/sister) both worked the gas station business. It was sold to BP in 2003 . • Chad and Erin open Paradise Car Wash on 47 in 2004. • Grandfather Bobbie served Fire Dept. 1957 — 1987, Father, Kerry served Fire Dept. 1968 - 2004, Planning commission 1998 — 2004 Mother, Robin Green and son Chad Green served stints in Chamber of Commerce YDRK VUE PARKS d RECREATION PARKS NAMING APPLICATION YORKVILLE PARKS AND RECREATION DEPARTMENT 201 WEST HYDRAULIC STREET - YORKVILLE, IL 60560 PHONE 630-553-4357 - FAX 630-553-4360 PERSON COMPLETING APPLICATION ON BEHALF OF (PERSON OR ORGANIZATION) �J / ADDRESS OF PERSON COMPLETING APPLICATION Z� l /i✓ HOME PHONE NUMBER .WORK J`� EMAIL y'�n `� � �e�"��'`��'KVI ' ` 3 SUGGESTED NAME d �Vf�/\ PARK, LOCATION, FACILITY TO BE CONSIDERED FOR NAMING Z1/� �'�/��- �� ) `1 PLEASE EXPLAIN WHY THIS NAME SHOULD BE CONSIDERED (PLEASE USE BACK OF APPLICATION TO ATTACH ADDITIONAL SHEETS IF NECESSARY). 7-1ze /s 'le d5i / St� l St< fro , �C� �re + (y IF NAMING AFTER A PERSON PLEASE VERIFY THAT THE PERSON OR HIS IMMEDIATE SURVIVING FAMILY HAVE BEEN CONTACTED' PERSON CONTACTED PHONE NUMBER DATE CONTACTED BY WHOM OFFICIAL USE DATE RECEIVED STAFF INITIALS REQUEST VERIFIED BY STAFF SCHEDULE FOR PARK BOARD REVIEW DATE ACTION CITY COUNCIL DATE ACTION DEDICATION NAME ON SIGNAGE LOCATION OF PARK, FACILITY, BUILDING, THROUGHFARE `,<VD C/p` Reviewed By: Agenda Item Number 2 WW O J Z8A1 Finance El EST. ...i tau Engineer El—�� Tracking Number City Administrator ❑ �O Consultant ❑ ZBA 2008-02 LE Agenda Item Summary Memo Title: Richard Marker Associates, Inc.Fence Height Variance - 728 East Veterans Parkway Meeting and Date: CC/August 26, 2008 Synopsis: Request to exceed the fence height requirement 2' (6' to 8') Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: 2/3 vote required to approve variance Council Action Requested: Approval of height variance for fence Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report prepared by Anna Kurtzman c'''f'T United City of Yorkville J2 County Seat of Kendall County 800 Game Farm Road teas Yorkville, Illinois, 60560 L y Telephone : 630-553-4350 9 °°ate °20 Fax : 630-553-7264 �AIL E Website : www.yorkville.il . us August 13, 2008 TO: City Council FROM: Anna B. Kurtzman, AICP SUBJECT: ZBA 2008-02 Heartland Center HEARING RESULTS: The Zoning Board of Appeals conducted a public hearing on Wednesday, August 6, at 7:00 pm to consider a request to install an 8 foot high fence (zoning code stipulates that the maximum height of a sign is 6 feet) along the eastern property line of the Heartland Center property. Their motion to recommend approval of this request failed (vote 0-5). REQUEST: The applicant, Richard Marker Associates, Inc. is requesting relief from Section 10-3-2D1b of the zoning code, increasing the size of a fence from 6 feet to 8 feet. If approved, this fence would be installed along a portion of the Heartland Center eastern property line (728 E. Veterans Pkwy). CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North B3 Undeveloped South R-2 PUD Single- il detached housing East Unincorporated commercial West Unincorporated commercial STANDARDS FOR GRANTING A VARIANCE: Per the requirements of Section 10- 14-5(C) of the Municipal Code the ZBA reviewed the requested variance against the following tests (their findings are in italics): 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 Board indicated that they felt that no hardship was proven by the applicant and that the request is more of a convenience for the applicant. They noted that the basis for the requested variance is to improve what people see as they look eastward from City Council ZBA 2008-02 August 13, 2008 Page 2 of 2 Heartland Center and that the fencing requirements would have the improved side of the fencing facing east. Therefore, people looking eastward would seethe unfinished side of the fence. The ZBA felt that the variance request (to increase the height of the fence by 2 feet to a total of 8 feet) would not be an improvement to the current conditions. 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 indicated that there are other commercial properties in the community that abut other unkempt properties and therefore Heartland Center is not unique. 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 Board determined that the adjacent property to the east was in this state of disrepair prior to Richard Marker Associates, Inc., purchasing their property and therefore they knew of the situation before constructing their project. 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. The ZBA indicated that they did not feel that the granting of the request would be a problem to the neighborhood. However, they also noted that the granting of the addition 2 feet in fence height would not be beneficial to the neighborhood either. 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 determined that the proposed increase in fence height would not impede the supply of light and air to the adjacent property or otherwise create a safety concern. NEXT STEPS: The Zoning Board of Appeals' motion to approve the applicant' s request failed 0-5, therefore effectively creating a recommendation of denial. The City Council may approve the variance request as presented by the applicant, approve the variance request with conditions, or deny the request. Should the Council approve the request (with or with conditions), such approval should be in the form of an ordinance. /abk Filename: \\Coysen er\User FolderAAKun manWy Documents\ZBA\hea land Center\CC report 8-13-08.doc United City of Yorkville 800 Game Farm Road " Yorkville, Illinois 60560 ;: o' Telephone: 630-553-4350 W, E (� CFax: 630-553-7575 AL -pe-w ZBA A08 . 0a APPLICATION c7 7 VARIANCE REQUEST Date of Submission: / - 7 - o g 1 . Name of Petitioner(s): *ticmApto MA-MR SoCIATES INC Address: 6511 ) CAMAND DRwE Phone Number: 630 - 55'3- 3322 Fax Number: � -,5n-S"73d Email Address: C+,n,-rke.@M0ricer1AC . 00m 2. Name of holder of legal title, if different from #1 : If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: DAK BRooK 13AN e Tparr +1319 i �E+dLGIGtAU� ' R�cKaao Ma�r.�e Assce. lkrct� /t>wc 4. a. Street address and physical location of subject property: '729 G Vrrr-Ra li -PARKWA'{ b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought: ,See ATT.ncmcp (If more space is needed, attach as `Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: OX- 23- 253 - 012, 5. es and addresses of any adjoining or contiguous landowners and property owners within 0' of subject parcel for which variance is requested entitled to notice of petition under any plicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) Page I of 4- Uniled City of Yorkville variance Request Application Revised: 2127/04 6. State the variance requested and the City ordinance including the section numbers to be varied: 4AL.XLo IIKS TO INSTALL Poor FC�JC� ALOJG Tkr&yT T'aytcRr� (-II.IC 7. Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: _ ��au3�'on /clacker 65y �'artlen � �ri�e 6 30 -553-3?22 �w 553 ri736 CfmackerC�roerlCeetnc con Attorney: Name: (51Qr4<5 Air"wMa"Pl Address: 226 S. $RIcy r ST. l0'gvwiCE Phone Number: 6 - SSj- 2 2 Fax Number: 630-,513- WW Email Address: �ce� �� emunv� �i twe' COM S. 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, and one CD containing electronic copies (pdf) of each of the application (complete with exhibits), drawings, map, and site plan to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. Page 2 of 4 United City of Yorkville Variance Request Application Revised: 227/04 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: PetitiUegal(srty owners signature must appear on this application.) Subscribed and sworn before me this 7 day of JUcY 200 8 . Notary Public Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 3 of 4 United City of Yorkville Variance Request Application Revised: 227/04 VARIANCE REQUEST PETITIONER ROUTE itep 1 : Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded 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. Vote: You must present your request at each of the meetings below as indicated itep 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 third Tuesday 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. itep 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. kgreement: 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 Icheduled committee meeting. ?lease sign and return this original (retaining a copy for your records) to the Deputy Clerk, Jnited City of Yorkville, 800 Game Farm Road, Yorkville, s 0560 Date: 7 7 Page 4 of 4 United City of Yorkville Variance Request Application Revised: 2/27/04 LEGAL DESCRIPTION LOT 8 IN HEARTLAND CENTER RESUPDIVISION OF LOT 3 IN UNIT 1 . BEING A SUBDIVISION OF PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN , IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. c Qar�e9 VetietaDS r r r PROPOSED 8'-0" FENCE LOCATION D a a a a g\-pOK5S00 1 gpR pN •-' S, GR\�� e 1 6p0 E Velem 4l6 s\ ro � a a a y gU 0\NG X � NEpty � p e � S ^ velecoo m A 2t E' T 0 0 0 b� eie�o a \-\GP�ppEM� ` FUZURE pV eosevwY 05CNp0 0 Oo e\. E55\ON o E_ v¢le PROeU\Vp\NG s! ekwY 1p3pO µw . ,I,LE velete¢sP Heartland Drive FENCE VARIANCE PROPOSAL pm^tx^. Richard Marker Associates Inc . Heartland BHHap^ B oa.^,ro oaw, By —DB Center GJN Architects Builders Developers 630. 553.3322 654 Heartland Drive Yorkvill� Illinois 60560 cdN By ^Q 200BBPMR`Inc. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A VARIANCE IN FENCE HEIGHT FOR RICHARD MARKER ASSOCIATES, INC. 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, Richard Marker Associates, Inc. is the developer (the "Developer") of commercial property located at 728 East Veterans Parkway, Yorkville, Illinois, identified as permanent index number (PIN) 02-28-253-012, commonly known as the Heartland Center property (the "Subject Property"); and, WHEREAS, the Developer has requested that the Mayor and City Council of the City (collectively, the "Corporate Authorities") grant them relief from Section 10-3-2(D)(1 )(b) of the City Code of Ordinances (the "City Code"), which requires that open mesh-type fences have a height of six feet (6') or less, by approving a variance to permit a fence of eight feet (8 ') in height for the eastern property line of the Subject Property; and, WHEREAS, the Zoning Board of Appeals ("ZBA") convened and held a public hearing on the 6a' day of August 2008, to consider the request to increase the maximum height of a fence from six feet (6') to eight feet (8') for the eastern property line of the Subject Property; and, WHEREAS, the ZBA reviewed the standards set forth in Section 10-14-5(C) of the City Code, and found that 1) there is no hardship associated with the conditions of the property; 2) the conditions upon which the variation petition is based are not unique to the Subject Property, as there are other commercial properties in the community that abut other unkempt properties; 3) the difficulty/hardship was not caused by the City Code, and furthermore, the adjacent property to the east was in a state of disrepair prior to the Developer purchasing the Subject Property and therefore knew of the situation before commencing development; 4) granting the request would not be a hardship nor a benefit to the neighborhood; 5) the granting of the variance would 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; and, WHEREAS, upon conclusion of said public hearing, the ZBA recommended the denial of the requested fence height variance to eight feet (8'); and, WHEREAS, since the ZBA recommended the denial of the requested variance, if the City Council wishes to approve the variance it must do so by a two-thirds (2/3) vote, pursuant to the City Code. 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 Corporate Authorities hereby approve the variance to permit a fence of eight feet (8') in height for the eastern property line of the property located at 728 East Veterans Parkway, Yorkville, Illinois, identified as permanent index number (PIN) 02-28-253-012, commonly known as the Heartland Center property. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 CIP Reviewed By: Agenda Item Number J� ¢ 001% Legal ❑ F, / ZBA '#a? BT. rags Finance ❑ Engineer ❑ Tracking Number 9 l� :T y City Administrator F1 Consultant ❑ ❑ ZBA 2008-03 Agenda Item Summary Memo Title: RWE Management Co. Fence Height Variance — 102 Garden St., Yorkville Animal Hospital Meeting and Date: CC / August 26, 2008 Synopsis: Request to exceed the fence height requirement 2' (6' to 8') Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of height variance for fence Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report prepared by Anna Kurtzman ,.1��° crr� United City of Yorkville o J ^ County Seat of Kendall County A 800 Game Farm Road EST. 1836 Yorkville, Illinois, 60560 L y Telephone : 630-553 4350 9 `�O Fax : 630-553-7264 ` Website : www.yorkville.il . us August 13, 2008 TO: City Council FROM: Anna B. Kurtzman, AICP SUBJECT: ZBA 2008-03 102 Garden Street — Yorkville Animal Hospital HEARING RESULTS: On Wednesday, August 6h, the Zoning Board of Appeals (ZBA) conducted a public hearing to consider a request to increase the maximum height of a fence from 6 feet to 8 feet. At the conclusion of the hearing the ZBA made a recommendation (vote: 5-0) to approve this request with a stipulation that the fence be a bronze colored aluminum industrial grade fence, as depicted on the submitted materials. REQUEST: The applicant, RWE Management Company, is requesting relief from Section 10-3-2D1b of the zoning code, increasing the size of a fence from 6 feet to 8 feet for their property at 102 Garden Street. If approved, this fencing would be installed between portions of the building and the western and southern property lines as reflected on their site plan. CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North B3 Commercial South B3 Office/cell tower East M-1 Industrial West R-3 Townhomes STANDARDS FOR GRANTING A VARIANCE: Per the requirements of Section 10- 14-5(C) of the Municipal Code the ZBA reviewed the requested variance against the following tests (their findings are in italics): 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 City Council ZBA 2008-03 August 13, 2008 Page 2 of 2 out. They determined that there is no hardship associated with the conditions of the property. 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 determined that there is a uniqueness associated with the development of this property as the use will be an animal hospital with some kennel facilities. The increased fence height will increase the potential of keeping the animals safe during their visit to the hospital. 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 any difficulty/hardship was not caused by the Municipal Code. 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. The Board noted that some residential neighbors had attended the public hearing and that none of their comments indicated concerns that the increased fence height would have a negative impact related to their safety and/or the conditions of their properties. 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 stated that they felt that the requested increase in fence height would not have a negative impact of these points. NEXT STEPS: The Zoning Board of Appeals made a recommendation that the City Council approve the requested increase in fence height from the maximum of 6 feet to 8 feet with a stipulation that the fence be a bronze colored aluminum industrial grade fence, as depicted on the submitted materials. The City Council may approve the variance request, approve the variance request with conditions (as recommended by the ZBA), or deny the request. Should the Council approve the request (with or with conditions), such approval should be in the form of an ordinance. /abk Filename: \\Coyserver\User Folders\AKu=man\My Documents\ZBA\102 Garden Yorkville Animal Hospital\CC report 8-13-08.doc AL o 9 2808 U cE° cfTr United City of Yorkville 800 Game Farm Road COMMUNITY DEVELOPMENT DEPARTMENT low Yorkville, Illinois 60560 09 1® qz o TeleIllione: 630-553-4350 CFax: 630-55:3-7575 Z)3A pES# 2 ©OB - t�3 APPLICA'T'ION VARIANCE REQUEST Date of Submission: 7N /08 1 Name ofPetitioner(s): .&UIE_M&L4A,6 CMENT 66MPPqxJY Address: 5'15 (nJ 65, El T PboneNumber. Wo 353 0583 FaxNumber: 636 353 • D � Q� Email Address: rJA e rA,q 41 Q Cad1ACLt 12e + 2. Name of holder of legal title, if different from #I : �lJR—L 1 Yd RJ< V 1tLe-1 LLC 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: 101 c4mRb-EN ( , !ZT 47 i'�AfLMO- 5-r- b. Proposed name of subdivision (if any): UTA t L01: S� EMI E! ..CAW > 4 c. Legal description of property for which zoning variance is sought: LOT' 15 MILe 6i41EDE-1 j , lJ. b , 0t/A ML SEc . s . TwSP 3LN PA616E 7 Eli c2 3r°(pptlJC1P� (If more space is needed, attach as "Exhibit A".) 016kl&A-AI d. Kendall County Parcel Number(s) of properly for which variance is sought: 05- 05- 277 - OOL 5 . Names and addresses of any adjoining or contiguous landowners and property owners within 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) Page 1 of Unitcd City ofYorbilic Variance Request Application Rcviscd: 2!)7104 G. State the variance requested and the City ordinance. including the section numbers to be varied: Me If/0 Ila aA e.tr.,/1_f &);f ht 11 fe✓I f e ieAl dri Z - DIB gun # 1y - 3 - 7 7 . Name, address, phone nutnber, rax number, and email address of person to whom inquiries regarding this petition may be directed: _ 9we MAT✓� F_ A46N7 Co . 4 51i In/ ( 541 Sir Gy/LL01VF' & iK IL_ z- . 10r7TN - X13 E&VAKD5 fN : 650-3533 WI 00- 353 098y Attorney: Name: Address: Phone Number: Fax Number: Email Address: CFtt ; 708 . 7(�7 . 5355 Qn�t> ( , (-U✓eO10n f ecc)tmcQs+ nof 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, and one CD containing electronic copies (pdt) of each of the application (complete with exhibits), drawings, map, and site plan to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope.. iZ pry Page 2 of 4 United City of Yorkville Variance Request Application Revised: 2127104 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: Petitioners) (Legal property owners signature must appear on this application.) ;Cp3c^nT v 7 EID W N-✓t C> S (�Ci lC 1b CL 0\,lJ1JL—` V2 - Subscribed and sworn before me this cl day of JU L V4 200 lb .. U u, C, -.Eukug CL YOtANDAA M CHRUSCIE! NOTARY PUBLIC • STATE Of ILLINOIS MY COMMISSION EMPIRES:06125 111 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 3 of 4 United City afYarLviac Variance Request Application Revised; 2127194 VARIANCE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Cleric. Upon receipt the variance request will be forwarded to die 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 file meetings belom 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 KendaIl 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 fled 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 third Tuesday 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 copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: ta, I OP, k � t (1' Page 4 of 4 United City of Yorkville variance Request Application Revised: 2127104 YORKVILLE ANIMAL HOSPITAL - FENCE EXHIBIT N 102 GARDEN STREET, YORKVILLE, IL r�zo m o _ JIYIt __- Z I K W I ENCLOSURE - - 8' HIGH FENCE WITH 3' WIDE DOUBLE GATED SECURITY AREA - - 8' HIGH ALUM]-GUARD FENCE 6' HIGH TRASH ENCLOSURE 6' HIGH ALUMI-GUARD FENCE WITH 2' HIGH ALUMI-GUARD FENCE ON TOP. -- -- 6' HIGH CHAIN-LINK FENCE i 15-3'X10' CHAIN LINK 6' HIGH ALUMI-GUARD FENCE KENNELS WITH 3' GATES WITH 3' GATE SUITES EXERCISE AREA HOSPITAL WARD EXERCISE AREA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PROPERTY LINE JACOB & HEFNER ASSOCIATES, INC. RWE MANAGEMENT COMPANY ENGINEERS • SURVEYORS 515 WEST 65TH STREET 1901 S.MEYERS ROAD,SUITE 350 WILLOWBROOK, IL 60527 OAKBROOK TERRACE,IL 60181 PHONE:(630)353-0883 (630)652-4600 FAX(630)652-4601 FAX:(630)353-0884 YORKVILLE ANIMAL HOSPITAL = FENCE DETAILS 102 GARDEN STREET, YORHILLE, IL 99" 382" CENTER ON 2.5" POSTS 11 ENTER ON 2.5 POSTS 96111 _ 2 36 711 4 h 4g 11 11 11 11 11 11 11 11- T -11-IF11 11 R 11 11 11 11 FT 3 II ! 1 9611 9o- I Y �''., U,rIl Ti'.�i''1�71'-'��T'. �'.� fS�� fill-il .11�lk:',li:4t:11,Tt ➢4TI`--I�fr`IFI--SI�i[�l�ik lt-.1.'�:T�Il��I�I�4Ti�i,:zlF'7�',-: I.IF�i''.-1�-+71.11 .;i; ,i ...�' �12�T.1�T�NJ� � (� i-.lei X1.1.T�.it',rl.°= �( -- 116" CLEAR OPENING 6063 T6 ALUMINUM CHANNEL 1.5"x 1.5" .070"TOPWALL.100"SIDEWALL PICKET 1"x 1"x.060" FRAME 2.5"x2.5°x.725" ALUMI-GUARD TITLE INDUSTRIAL ASCOT ORNAMENTAL ALUMINUM FENCING ROYALE 96" DATE: 23108 SCALE: NTS DRAWINGND E185-FENCE SHEET REV DRAWN BY: DR CHKO BY: LP JACOB & HEFNER ASSOCIATES, INC. RWE MANAGEMENT COMPANY ENGINEERS •SURVEYORS WEST 65TH STREET WI 1901 S.MEYERS ROAD,SUITE 350 WILLOWBROOK,IL 80527 OAKBROOK TERRACE,IL 60181 PHONE:(630)353-0883 (630)652-4600 FAX(630)6524601 FAX:(630)353-0884 STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A VARIANCE IN FENCE HEIGHT FOR RWE MANAGEMENT COMPANY 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, RWE Management Company is the developer (the "Developer") of property located at 102 Garden Street, Yorkville, Illinois, identified as permanent index number (PIN) 05-05-277- 002 (the "Subject Property"); and, WHEREAS, the Developer intends to develop the Subject Property as an animal hospital with some kennel facilities; and, WHEREAS, the Developer has requested that the Mayor and City Council of the City (collectively, the "Corporate Authorities") grant them relief from Section 10-3-2(D)(1 )(b) of the City Code of Ordinances (the "City Code"), which requires that open mesh-type fences have a height of six feet (6') or less, by approving a variance to permit a fence of eight feet (8') in height for the Subject Property; and, WHEREAS, the Zoning Board of Appeals ("ZBA") convened and held a public hearing on the 6 1 day of August 2008, to consider the request to increase the maximum height of a fence from six feet (6') to eight feet (8'); and, WHEREAS, the ZBA reviewed the standards set forth in Section 10-14-5(C) of the City Code, and found that 1) there is no hardship associated with the conditions of the property; 2) there is a uniqueness associated with the development of the Subject Property as an animal hospital, and the increased fence height will increase the potential of keeping the animals safe during their visit to the hospital; 3) the difficulty/hardship was not caused by the City Code; 4) the neighbors of the Subject Property attended the public hearing and did not indicate that the granting of the variance would be detrimental to the public welfare and/or the conditions of their properties; 5) the granting of the variance would 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; and, WHEREAS, upon conclusion of said public hearing, the ZBA recommended the approval of the requested fence height variance to eight feet (8') on the condition that the fence be a bronze colored aluminum industrial grade fence. 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 Z The Corporate Authorities hereby approve the variance to permit a fence of eight feet (8') in height for RWE Management Company, on the condition that the fence be a bronze colored aluminum industrial grade fence, for the property located at 102 Garden Street, Yorkville, Illinois, identified as permanent index number (PIN) 05-05-277-002. 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 ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVH,LE KENDALL COUNTY. ILIN S T HELD IN THE CITY COUNCIL CHAMBERS DRAFT 800 GAME FARM ROAD ON U �1 1 TUESDAY. JULY 224 2008. Mayor Burd called the meeting to order at 7:01 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Deputy Clerk Pickering called the roll. Ward Allen Present Werderich Absent Ward 11 Golinski Present Plocher Present Ward 111 Mums Absent Sutcliff Present Ward IV Besco Present Spears Present Also present: Deputy Clerk Pickering, City Treasurer Powell, Attorney Orr, City Administrator McLauglin, Finance Director Mika, Chief of Police Martin, Director of Parks & Recreation Mogle, Community Development Director Miller, Public Relations Officer Spies, and City Engineer Joe Wywrot. OUORUM A quorum was established. BVTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. '.. AMENDMENTS TO THE AGENDA Alderman Golinski asked that EDC itl and EDC 42 be moved to right after the public hearings so that the people in the audience who are were here for those items, did not have to sit throught the whole meeting; seconded by Alderman Allen. Mayor Burd asked if all were in favor of the amendment and City Council approved it unanimously with a voice vote. COMMITTEE MEETING DATES Public Works Committee 6:00 P.M., August 19, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., August 5, 2008 City Hall Conference Room Administration Committee 7:00 P.M., August 14, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., July 24, 2008 City Hall Conference Room PRESENTATIONS Hometown Hem — Matthew Woodin Mayor Burd said that she wanted to give a little background on this presentation. She said that a couple of months ago there was an article in the newspaper about her daughter Samantha who hadjust gotten back from Iraq. Alderman Golinski had made a comment to her about how the city should recognize her daughter for her service. Mayor Burd said that ber daughter's feeling is that anyone who serves is a hero, not just her. Mayor Bmd feels thatjust because she is the Mayor, her daughter should not get special recognition. She wants to recognize people in our community who have served our country. Mayor Burd said that tonight we have the first Hometown Hero recognition. He is a gentleman who not only served his country, he did something extra special for his community by saving a young child who was lost Mayor Burd asked Matthew Woodin to come forward and she invited both of the Ward 4 Aldermen to help make the presentation. The Minutes of the Reeular Meeting of the City Council - July 22, 2008 - page 2 Alderman Besco said that Matt Woodin has been a longtime resident and he is proud to call him a friend. He said that Mr. Woodin had been in the newspaper recently for finding a little boy who was missing in Oswego. Mr. Woodin was on his way to work that day and heard the broadcast on WSPY and he knew that he had to do something to help. Alderperson Spears said that Mr. Woodin lives two doors down from her and that he is the most polite '.. and respectful neighbor. She said that he is a wonderful outstanding citizen and individual and that she is very proud to know him as well. Mayor Burd presented Matthew Woodin with a Certificate of Recognition that said "The Mayor and City Council of the United City of Yorkville present this certificate to Matthew Woodin in honor of his act of bravery in going the extra mile on July 8 in the rescue of Ryan Blake and for his commitment and loyalty in serving his country and for protecting and securing the well being and right of freedom of every American. The United City of Yorkville and the entire Yorkville community are truly proud and honored and thank you our very own hometown hero." Mr. Woodin thanked everyone and said that he wanted to point out that this is a good opportunity for us as we get frustrated with the economy and the housing market and the gas prices to remember that no matter what is happening that some of the best people live in our community. He said that he can tell - everyone first hand that you don't find people like this every day. Mr. Woodin said that when he went to the child's house in Oswego, he couldn't believe the amount of people who had shown up to volunteer. He said that you don't find that in other places in the world; you don't find people who genuinely care '.. about other people. He said that it is important that we're Americans and he is very proud of our country and our city. Mayor Burd said that if anybody knows of anyone in the United City of Yorkville who is serving in the armed forces to please let Glory Spies know so that we can recognize them. Swearing-In of Officer Christopher Hayes Mayor Hurd swore in Christopher Hayes as a full time patrol officer for the United City of Yorkville Police Department. Presentation of AAIM / DUI Awards Mayor Burd and Chief Martin presented Officers Glenn Calvert, Patrick McMahon, and Ryan Goldsmith with certificates from the Alliance Against Intoxicated Motorists (AAIM) to recognize them for their commendable DUI enforcement. PUBLIC HEARINGS Cross Evangelical Lutheran Church Cross Evangelical Lutheran Church, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation and rezoning from R-1 to a Planned Unit Development, Yorkville, Illinois. The real property consists of approximately 25 acres, located at 7481 Mill Road, Oswego, Illinois. Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. Please see attached Report of Proceedings by Teresa S. Grandchamp, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Burd entertained a motion to close the public bearing. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved unanimously by a viva voce vote. ECONOMIC DEVELOPMENT COMMITTEE REPORT Mayor Burd said that the next item is the Economic Development Committee Item #1 - PC 2008-13 Cross Evangelical Lutheran Church. Ordinance 2008-63 Approving an Annexation Agreement Cross Evangelical Lutheran Church (PC 2008-13) The Minutes of the Regular Meeting of the City Council — July 22 2008 — oa e 3 A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of an Annexation Agreement with Cross Evangelical Lutheran Church as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Bosco-aye, Allen-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye Ordinance 2008-64 Annexing Cross Evangelical Lutheran Church (PC 2008-13) A motion was made by Alderman Golinski to approve an ordinance annexing Cross Evangelical Lutheran Church, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 '.. Besco-aye, Allen-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Golinski-aye Ordinance 2008-65 Rezoning Cross Evangelical Lutheran Church (PC 2008-13) A motion was made by Alderman Golinski to approve an ordinance rezoning certain property in furtherance of an Annexation Agreement, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Allen-aye, Sutcliff-aye, Mums-aye, Spears-aye, Plocber-aye, Golinski-aye, Besco-aye PUBLIC BEARINGS ''..,. BRM Properties and Development, LLC FIRM Properties and Development, LLC, petitioner, has filed an application with the United City of '.. Yorkville, Kendall County, Illinois, requesting a site plan amendment to the Planned Unit Development and a special uses for a gasoline service station and two drive through facilities. The real property consists of approximately 6.14 acres, located at the northeast corner of U.S. Rt. 34 and Cannonball Trail, Yorkville, Illinois. Mayor Burd entertained a motion to open the public hearing. So moved by Alderman Golinski; seconded by Alderman Besco. '... Motion approved unanimously by a viva voce vote. '.. Please see attached Report of Proceedings by Teresa S. Grandchamp, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Burd entertained a motion to close the public hearing. So moved by Alderman Spears; seconded by Alderman Golinski. Motion approved unanimously by a viva voce vote. ECONOMIC DEVELOPMENT COAE%E=E REPORT Mayor Burd said that the next item is the Economic Development Committee Item #2 — PC 2008-11 FIRM Properties & Development, LLC (Cannonball Trails/Courthouse Square). Ordinance 2008-66 Approving the First Amendment to the PUD & Annexation Agreement HRM Properties and Development, LLC (Cannonball Trails/Courthouse Square) (PC 2008-11) A motion was made by Alderman Golinski to approve an ordinance approving the First Amendment to the Planned Unit Development & Annexation Agreement as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Plocher. The Minutes of the Regular Meeting of the City Council — July 22, 2008 — Page 4 Alderman Allen read some excerpts from Plan Commission member Brian Schillinger's letter to the city council. In the letter, Mr. Schillinger asked city council members to help keep this residential location as a day time usage and as ecologically sound as possible. Mr. Scbillinger also asked for council to not allow a change to the existing PUD. Alderman Besco said that he is probably in the most unique position of any of the council members regarding this issue because he was on Plan Commission when the last PUD agreement for this property was approved. He said that property owners always have the opportunity to come in and petition the city to change the PUD. There is no way that anyone can predict the future as to what the development of surrounding areas is going to be. The city has seen substantial growth in that area in the last few years. When the Plan Commission reviewed this PUD the last time, there was no way that they could have predicted the explosive commercial and residential growth. Alderman Besco stated that the EDC Committee had questioned how far this would be from the creek. This would be a unique situation where they would have a treatment plan set in place. This plan has the capability to treat water before the water enters the waterway. He believes that even the Cannonball people who are represented by the Civic League have known for yews that this area was going to develop. He said that over the last few years they have had major development right across the street. Alderman Besco said that he feels that this area has changed in a dramatic fashion. He has heard the argument that this development will increase traffic in that area, however, he feels that this development will have a minimal impact compared to the rest of the development in that area. He said that potentially we will see a large hospital in that area in the future which will have much more of an impact on traffic. Alderman Munns said that this is a tough issue. He feels that the question is — is a gas station going to pollute the land and water and leak into people's water systems. He asked about the air pollution from the gas vapors. Mr. Rocky Zaiter, the proposed owner of the gas station, said that it is mandatory for gas stations to have vapor recovery. Alderman Golinski said that at the EDC meeting he disagreed with the Plan Commission recommendation. He said that is still his position. The main reason that he disagrees is that the proposed PUD amendments are a good fit for this corner. He said that he can appreciate all of the work that was done eight years ago on the original PUD; however, he doesn't feel that is a valid reason to deny this request. Alderman Golinski stated that change happens and a lot of change has happened on this comer. Until something is built on the property, he feels that all PUD's are living documents. He has done a lot of homework on this and he hasn't found or heard any factual, sound, or compelling reason to deny these requests. He thinks that the proposed gas station fills a need for that part of the city. As chairman of the EDC, he has to look at things from the perspective of the economics of it. '.. Alderman Plocher feels that a gas station is appropriate for that comer and doesn't see a problem with the '.. request for the gas station to be open 24 hours a day. Alderwoman Spears wanted to respond to some of the comments that were heard during the public hearing. One of the comments that someone made was that the developer wanted these changes so that they can make money. Alderwoman Spears said that she hasn't seen one developer ever approach the city who wasn't bore to make money. Nothing is pro bono; that is why they are developers. What she takes into consideration is the reputation of the developer — such as are they responsible, do they answer for their developments. She believes that this developer has displayed that to this city as well as to surrounding cities. Alderwoman Spears said that as far as wanting to keep part of the development as an office building, unfortunately, the city has several beautiful office buildings that currently are more than half vacant at this time, so she doesn't feel that would be a good fit for that area. Alderwoman Spears also commented that several years ago, Speedway came before the City Council because they wanted to redo the entire gas station. The Speedway had a neighbor that was only several hundred yards behind the gas station. She feels that 24/7 is typical for most gas stations. Alderwoman Sutcliff said that the current PUD has been in effect for ten years and no one has built on it. To her, that tells her that in this market, the current PUD wasn't good enough for a developer to develop it. As far as the 24 hour, she had a resident call her and ask about the lighting. She asked what the current code is regarding lighting at night. Community Development Director Miller responded that the city's subdivision control ordinance addresses lighting. Alderwoman Sutcliff also commented that it sounds like the installing of the tanks is critical. She asked whose responsibility is was to make sure that they are installed correctly and are there inspections that are done. Miller responded that the State Fire Marshall's office is responsible for certifying that they are installed correctly. Alderwoman Sutcliff asked if there was a tank for the gas to go into. Miller responded that the concept PUD shows underground tanks for the storage of the gasoline. He said that as far as stormwater treatment, that is unknown at this point. The stormwater treatment will be addressed during the preliminary engineering plans. Alderwoman Sutcliff had several questions about the runoff going into the creek which the project The Minutes of the Regular Meetine of the City Council — July 22, 2008 — page 5 '.. engineer answered. Alderwoman Sutcliff said that she would like as little water as possible to end up in '.... the creek. She also asked if any bike paths were included in the plan. Director Miller said that the trail '... system follows Rt. 34 on the south side in this location and follows the west side of Cannonball Trail '.. The trail system is currently in place in the Kendall Marketplace project. This particular corner will have sidewalks. Alderwoman Sutcliff said that she feels that her constituents are the most upset right now that '.. they have too many taxes. She would love to tell her constituents that taxes are not going to go up. If the '... city is not going to raise taxes, then the city needs to increase revenue. Alderwoman Spears asked whether the tanks were safe for other chemicals. Mr. Zaiter, the proposed gas station owner, spoke up and said that the tanks are made of a double wall fiberglass. He said that the fiberglass has been tested with all kinds of chemicals. He said that they are inspected several times a year. Alderwoman Spears compared this situation to the radium in our water. She said that the city was in compliance with the first standards until the government increased their standards. When the government changed their standards, they mandated that we had to be in compliance in a short time period. She said that we did meet the new requirements. She said that if new chemicals are developed, then the government would probably mandate that gas stations would have to be in compliance with the new chemicals. Mayor Hurd asked about the landscaping. Mr. Oliver said that they will exceed the landscaping provisions that are expected. He also said that architecturally they have worked with this gas station owner and he agreed to go beyond the expected standards. They want this development to be part of the community. Attorney Orr commented for the record that according to the city's zoning code, Section 10-14-6, Paragraph E, the city council may grant or deny any application for a special use; provided, however, that '.. in the event of a 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 2/3 of all members of the '.... city council. She also stated that by law whenever a special majority is required the Mayor is given the opportunity to vote. In order for this special use to be permitted it will require six affirmative votes of the city council. Even though there is an absentee at this meeting, it does not affect the number six. '.... Motion approved by a roll call vote. Ayes-7 Nays-I Sutcliff-aye, Mums-aye, Spears-aye, Plocher-aye, Golinski-aye, Besco-aye, Allen-nay, Mayor-aye '.... Ordinance 2008-67 Rezoning HRM Properties & Development, LLC (Cannonball Trails/Courthouse Square) '.. (PC 2008-11) A motion was made by Alderman Golinski to approve an ordinance approving the rezoning of certain property to a planned unit development, as presented, and authorize the Mayor and City Clerk to execute; seconded by Alderman Spears Motion approved by a roll call vote. Ayes-7 Nays- I Mums-aye, Spears-aye, Plocher-aye, Golinski-aye, Besco-aye, Allen-nay, Sutcliff-aye, Mayor-aye CITIZEN COMMENTS Mark Johnson, 204 Georgeanna, commented that he had read today's Beacon Newspaper article on Yorkville's new alderman, Bob Allen. He said that the article states that Alderman Allen says that he is someone who just does not sit on the sideline. He says that he can take action and make things better. Mr. Johnson said that he has challenged the Mayor to make tough decisions and make dramatic cuts in spending. He said that he would like to see the axe used in all areas especially unneeded manpower and equipment. He feels that this city is acting a lot like the state and federal legislators. He wanted to bring everyone's attention to several line items in the finance section of the packet. The first is a payout of SSA funds to the different banks and developers that show on the monthly invoices in tonight's packet. He questioned whether anyone is checking on the receipt of funds versus the payouts. He's heard that many people aren't paying their SSA's. He thinks that the City Treasurer should know the income versus the outflow of all SSA's from the Day I that they were implemented. He stated that the Village of Montgomery is having serious problems getting their SSA's collected. He also questioned the request in the packet from Mr. Mogle to have two part time employees be granted IMRF benefits. He feels that this is a bad precedent. He also questioned the payroll summary sheet. He asked if any of the police overtime is going toward covering any city events that we've had. He challenged the Mayor and City Council to make serious cuts. The Minutes of the Reeular Meetine of the City Council — July 22, 2008 — naee 6 Attorney Orr commented on one legal issue on the special service area bonds. She said that the residents of the United City of Yorkville are not responsible for the payment of special service area bonds. The way that they operate is that the bonds are sold to people who are properly and legally in accordance with '... federal regulations of the security exchange commission, advised that the payback of their bonds is the result solely and only of the real estate taxes paid by the owners who will ultimately own the property and benefit from the special services. Unfortunately given this market and given what is occurring across the '.. State of Illinois those communities who have special service areas, as exist in Yorkville, it is the bond '.. holders who are hurt, not the residents of United City of Yorkville. The bond holders who buy those bonds are advised that they are bonds with the risk that if the ultimate property owner is unable to pay their taxes, they do not receive their investment. Alderman Allen asked Mr. Johnson if he lived in the city. Mr. Johnson said that he was not a city resident; however, he was totally controlled by the city. He said that he has city water, city sewer and the only thing that he doesn't have is a library card and garbage pickup. Alderman Allen asked if it was possible for Mr. Johnson to annex to the city if he wanted to. Mr. Johnson said that he could, however, it would cost him approximately $600.00 more a year in taxes. Alderman Allen said that he hopes that the council receives Mr. Johnson's application for annexation shortly. CONSENT AGENDA '.. 1. Monthly Treasurer's Report for May 2008 (ADM 2008-59) 2. Resolution 2008-29 of Authorization to Close Old Second Bank Checking Account No. '.. 30001804 — authorize Mayor and City Clerk to execute (ADM 2008-62) 3. Resolution 2008-30 Amending United City of Yorkville Employee Manual Regarding Revised Tuition Reimbursement Policy — authorize Mayor and City Clerk to execute (ADM 2008-66) 4. Ordinance 2008-68 Approving the Revision of the 2008-2009 Fiscal Budget for the United City of Yorkville — authorize Mayor and City Clerk to execute (ADM 2008-68) S. Approval for Part-time Employees Mary Garbelman and Future Recreation Center Custodian to Work Over 1000 Hours per Employee Manual Section 1.4.4 (ADM 2008-69) 6 Cell Phone Reimbursement for the Mayor — approve reimbursement in the amount of$45.00 per month (ADM 2008-71) 7. City Council Goal Action Plan — City Hall — approve action plan as presented (ADM 2008-72) 8. City Council Goal Action Plan — Explore Green Design/Certification for Public Buildings — approve action plan as presented(ADM 2008-73) 9. Raging Waves (Rt. 47 Watermain Crossings) — Bond Reduction 91 — authorize reduction in the amount of$94,293. 77, subject to verification that the developer has no outstanding debt owed to city (PW 2008-87) 10. Kendallwood Estates — Sitework Letter of Credit Reduction #2 — authorize reduction in the amount of$351,857.51, subject to verification that the developer has no outstanding debt owed '.. city (PW 2008-88) 11. Goodwill Store — Letter of Credit Expiration — authorize City Clerk to call letter of credit if it is not renewed by September 19, 2008 (PW 2008-89) 12. Beecher Road — Plat of Dedication for Additional Right of Way — authorize City Clerk to execute (PW 2008-90) 13. Rush-Copley Phase IA — Plat of Easement — authorize City Clerk to execute (PW 2008-91) 14. Resolution 2008-31 Revised 2007-2008 MFT Appropriation Resolution — authorize City Clerk to execute (PW 2008-100) Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Allen; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Plocher-aye, Spears-aye, Munns-aye, Sutcliff-aye, Allen-aye, Besco-aye PLAN COMNIISSION/ZONING BOARD OF APPEALS' Community Development Director Miller reported that on Thursday, July 24, 2008 the Plan Commission would be hosting, along with the community of Big Rock, this months Plan Consortium. The topic will be school funding. Dr. Engler from District 115, Dr. Walker from District 88 and Dr. Hammack from District 429 will all be part of the panel. The topic is how plan commissions can work better with sch000l districts. The Minutes of the Regular Meeting of the City Council — July Z2, 2008 — page 7 MINUTES FOR APPROVAL A motion was made by Alderman Munns to approve the minutes the Special City Council/Joint meeting with Oswego from May 20, 2008 and the minutes of the City Council meeting from June 24, 2008, as presented; seconded by Alderman Golinski. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated July 16, 2008 totaling the following amounts: checks in the amount of $727,138.61 (vendors); $277,587.84 (payroll period ending 7/5/08); for a total of$1,004,726.45; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Golinski-aye, Allen-aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions (CC 2008-56) Mayor Bard entertained a motion to approve the appointment of Scott Gengler to the Human Resources Commission; so moved by Alderman Morris; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 '.. Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, '.. Golinski-aye, Besco-aye, Allen-aye '.. Mayor Bard entertained a motion to approve the appointment of Joan Knutson to the Human Resources '.. Commission; so moved by Alderwoman Sutcliff; seconded by Alderman Allen. Motion approved by a roll call vote. Ayes-7 Nays-0 Mums-aye, Spears-aye, Plocher-aye, Golinski-aye, Besco-aye, Allen-aye, Sutcliff-aye Resolution 2008-32 Resolution Regarding Statement of Regional Opposition to the Canadian National Railway Purchase of the EJ&E (CC 2008-57) Mayor Hurd said that this is a resolution that the Village of Plainfield has asked us to adopt to provide a unified response to concems related to the proposed acquisition of the EJ&E Railroad. A major part of their concerns are the large number of trains that would be going down this line and blocking major thoroughfares. Mayor Burd entertained a motion to approve the Resolution Regarding Statement of Regional Opposition to the Canadian National Railway Purchase of the EJ&E; so moved by Alderman Besco seconded by '.. Alderman Golinski. Alderman Besco said that he has noticed the increase in traffic on this railway just recently. He said that after trying to travel through Plainfield the other day, he fully supports this resolution. He said that the two crossings that they had in Plainfield were both blocked and traffic was gridlocked. He said that it will be a disaster if the volume of traffic increases to the number that the Canadian Railway is looking at for these mil lines. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Golinski-aye, Besco-aye, Allen-aye, Sutcliff-aye, Mums-aye The Minutes of the Regular Meeting of the City Council — July 22, 2008 — Page 8 Request for Sponsorship — YMCA Silver Springs Summer Scamper (CC 2007-18) Mayor Bard said that this request came to the Human Resources Commission and the event is scheduled for August 17. The next Human Resources Commission meeting will not take place in time to address this request. The HRC did not have enough information to take action on this item at their last meeting. Mayor Bard stated that this event supports the YMCA's Strong Kids Campaign and that additionally, '.. someone from the YMCA was invited to attend the city council meeting to answer questions that the city council might have; however, they were unable to make it. Mayor Bard entertained a motion to approve a sponsorship for the YMCA Silver Springs Summer Scamper in the amount of$250.00; so moved by Alderwoman Spears; seconded by Alderman Allen. Alderman Spears, who is the city council liaison to the HRC, said that the reason that the HRC did not approve this request is because the committee believes that they had previously sponsored the YMCA on several occasions. Due to the limited funds available, they were hesitant to approve another request from the YMCA until they were able to research when the last sponsorship to the YMCA was given. The HRC felt that the YMCA comes before them frequently with requests for sponsorship, so that even if they missed sponsoring this event, they would have the opportunity to sponsor events in the future. Alderman Allen feels that since we will have another opportunity to show support for this organization and due to the fact that there was no one from the YMCA who was able to attend, that perhaps the council could wait for the next opportunity. Alderman Besco asked if we have a total for what is left in the budget for sponsorship. Alderwoman Spears said that in the current fiscal year, the HRC bas granted one sponsorship request in the amount of $250.00. There is $1250.00 left in the current budget for sponsorships. Motion defeated by a roll call vote. Ayes-0 Nays-7 Plocher-nay, Golinski-nay, Bosco-nay, Allen-nay, Sutcliff-nay, Munns-nay, Spears-nay CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell reminded the city council that they would be required to sign new signature cards for the bank accounts. CITY ADMINISTATOR'S REPORT City Administrator McLaughlin reported on one item from the Chamber of Commerce Board. He said that tonight there was a Climb for Sight fundraiser at Brenart Eye Clinic. The Chamber is supporting this event since Dr. Brenart has played a big role in the Yorkville business community. The purpose of the fundraiser is to support Dr. Brenart's plan to climb Mt. Kilimanjaro to raise funds for third world nations where he does eye work on a pro bono basis. '.. FINANCE DIRECTOR'S REPORT Finance Director Mika said that the budget books would be passed out at the next city council meeting. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Chief of Police Martin reported that National Night Out will be held on Tuesday, August 5, 2008 from 6:00 p.m. to 8:00 p.m. at four different parks. Also, the Yorkville Safety Fair will be held on Saturday, August 26, 2008 from 10:00 a.m. to 1 :00 p.m. in the Old Second Bank parking lot. Chief Martin said that the Raintree Subdivision Festival was a success. The neighborhoods in Raintree were very supportive of this event as there were 250 people who attended. The Minutes of the Regular Meeting of the City Council — July 22, 2008 — Dage 9 DIRECTOR OF PARKS & RECREATION'S REPORT Director of Parks and Recreation Mogle reported that on July 26, 2008, the city would hold its second volunteer park build at Cobb Park located on Colonial Parkway. This park build will be smaller than the Hiding Spot Park build that took place in 2007. The park build will start at 8:00 a.m. and hopefully will be finished by 2:00 p.m. Anyone that would like to volunteer to help is invited to stop by. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT No Report. COMMUNITY RELATIONS OFFICER'S REPORT Community Relations Officer Spies said that the city is currently collecting school supplies for the Hop on the Bus program which benefits the Kendall County Food Pantry. She also informed the council that the videos of the last three city council meetings are on the website. '.. COMMUNITY & LIAISON REPORT Aurora Area Convention & Visitor's Bureau Alderman Golinski said that at last months Aurora Area Convention and Visitor's Bureau, they approved the marketing plan and the strategic plan for Fiscal Year 2009. They also started a marketing initiative highlighting the Raging Waves water park and it was published in USA Today. The article received attention from several states, so requests for information have been rolling into the convention board. They also renewed a contract with Innovations Consulting for a sports marketing initiative to bring larger sporting events to the area. Cable Consortium Alderman Golinski also reported on last months Cable Consortium meeting. He said that Yorkville is the first consortium community that received a ten day notice from AT&T regarding the start up of their service. The consortium attorney has been in contact with City Admininistrator McLaughlin about the requirements of the ten day notice. One of the things that we want to keep an eye on is that they map their channels to our current channels which are Channel 99 for education, Channel 10 for government and Channel 17 for public access. Human Resources Commission Alderwoman Spears said that on July 15, she attended the Human Resources Commission meeting. The new chairman conducted the meeting and she was very professional and did very well. The two individuals that were being considered for the commission were brought forward and gave a little bit about their background. The meeting time has been changed from 6:00 p.m. to 6:30 p.m. There was also discussion about hiving a minute taker to take the minutes and transcribe them. The approximate cost of '.. this would be around $1000.00 per year. Previously commission members had volunteered to take the minutes at no cost to the city. Alderwoman Spears feels that if we go forward with hiring a minute taker it is setting a precedent and that other adhoc committees may ask for a minute taker. The HRC also '.. discussed a resident's request for help with housing issues. Mayor Burd commented that the HRC is a commission, not an adhoc committee. It is equal to the Plan Commission. Alderwoman Spears feels that the question of hiring a minute taker for the HRC should be brought forward to the city council since it is an issue of spending the taxpayer's money. Mayor Bard said that the HRC will vote on it at the next meeting. Library Board Alderman Allen said that the Library Board welcomed him to the most recent library board meeting as the new city liaison. He had very positive discussions with them. The board was happy that he was there to listen to their concerns. They wanted to assure the city council that they are operating the library in compliance with the applicable state statutes. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT City Council Adopt-a-Highway Cleanup Date - Alderman Besco said that Alderman Allen had brought this item to the Public Works committee since the council has not done a highway cleanup in quite some time. The Public Works committee forwarded this to the city council so that a date could be decided that would be agreeable to the whole council. The Minutes of the Regular Meetinc of the City Council — July 22, 2008 — once 10 Mayor Burd entertained a motion to approve the date of October 11, 2008 starting at 9:00 a.m. as the City Council Adopt-a-Highway Cleanup Date for the clean-up on Rt. 34 from Symamore Road to Eldamain Road; so moved by Alderman Besco, seconded by Alderman Allen Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Besco-aye, Allen-aye, Sweliff--aye, '.. Munns-aye, Spears-aye, Plocber-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Fox Bill Disc Golf Course Alderman Munns questioned what had been discussed at the public works committee regarding the Fox Hill Disc Golf Course. Alderman Besco said that one concerned citizen had shown up. The committee had talked about aligning the holes so that there was a smaller chance of the discs ending up on the resident's property. He said that Mayor Bard had mentioned that maybe one hole could be moved further north to get it away from that comer. Alderman Besco said that he hoped that the citizens would be willing to work with the city to find a solution. Alderman Munns said that he receives two calls per week from 4-5 different residents about the disc golf. Parks and Recreation Director Mogle said that they were going to move two of the holes. Alderman Munns also questioned if leagues were going to be allowed to play at the course. He was concerned that if too many leagues were using the course, that the residents wouldn't be able to use it. Director Mogle said that any leagues that want to use the course would have to get approval before using it. Mayor Burd suggested that Alderman Munns should ask the Park Board to consider limiting league play to Yorkville residents only. Team Building Exercise Alderwoman Spears had some questions regarding the team building exercise that the City Council members were supposed to be participating in. She wanted to know if the City Administrator had '.. received any references, if the people providing the training were coaches or counselors, and also if they were credentialed and had certificates for doing this type of training. City Administrator McLaughlin said that he had received two references. The two firms that had used the personality profiling had found it very useful. Alderman Munns suggested that trainers would be a better description for the services that are being provided. He said that the profile test was only one piece of the exercise. The trainers would use the profile test while telling the council better ways to communicate. He said that once you know your personality type, they would teach you how to use that when you communicate with that same personality type or an opposite personality type. Mayor Burd said that she understood that the Admin committee wanted to get references and move forward. Alderman Besco asked if this is budgeted and what is the expense. Alderman Munns stated that the cost was $125.00 per person and that ten people would be attending for a total of $1250.00. Alderman Allen asked if there was a section of the budget for training that could be used to pay this expense. Alderman Golinski commented that to make this work everyone has to buy into it. Alderman Besco questioned spending the money when four of the aldermen do not have much time left it their terms. He thought it might be better to wait until after the next election. The Minutes of the Reeular Meeline of the City Council — July 22, 2008 — oa a 11 Mayor Burd said that it is up to the Administration Committee Chairman to send it back to committee. Alderman Munns asked City Administrator McLaughlin to check on their credentials and let the council know. If they are credentialed and certified, then he would like to go forward and schedule some dates. Human Resources Commission Alderman Spears wanted to clarify that in the June 24, 2008 city council meeting minutes Alderman Munns had asked if there was any information on the candidate that the HRC members had recommended. Mayor Bard commented that if anyone on any commission or any committee is interested in being chairman, then that person needs to let her know beforehand, as she is the one that makes the appointment. EXECUTIVE SESSION Mayor Burd entertained a motion to into executive session for the purpose of discussing: 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. So moved by Alderman Allen; seconded by Alderman Golinski. Motion approved by a viva voce vote. Mayor Bard stated that the city council would not be taking any action at the end of the executive session. The City Council adjourned into executive session at 10:08 p.m. The City Council returned from executive session at 10:47 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Golinski; seconded by Alderman '.. Plocher. Motion approved by a viva voce vote. Meeting adjourned at 10:48 P.M. Minutes submitted by: Lisa Pickering, '.. Deputy City Clerk United City of Yorkville, Illinois Page 1 CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before TERESA S . GRANDCHAMP , C . S . R . , on July 22 , 2008 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . D- 851508 Page 2 1 P R E S E N T : 2 MS . VALERIE BURD , Mayor ; 3 MR . BOB ALLEN , Alderman ; 4 MR , JOSEPH BESCO , Alderman ; 5 MR . GARY GOLINSKI , Alderman ; 6 MR , MARTY MUNNS , Alderman ; 7 MR . ARDEN JOE PLOCHER , Alderman ; 8 MS . ROSE ANN SPEARS , Alderwoman ; 9 MS . ROBYN SUTCLIFF , Alderwoman . 10 11 12 MR . BRENDAN McLAUGHLIN , City 13 Administrator ; 14 MR . WILLIAM POWELL , City Treasurer ; 15 MS . LISA PICKERING , City Clerk . 16 17 A P P E A R A N C E S : 18 BY : MS . KATHLEEN FIELD ORR , 19 appeared on behalf of the United 20 City of Yorkville , Illinois . 21 - - 22 23 24 Page 3 1 ( Pledge of Allegiance ) 2 ( WHEREUPON a portion of 3 the proceedings was not 4 herein transcribed . ) 5 MAYOR BURD : Okay . Now we ' re moving to 6 the next item , which is the public hearing for the 7 Cross Evangelical Lutheran Church has filed a 8 petition with the United City of Yorkville 9 requesting annexation and rezoning from R1 to a 10 Planned Unit Development . 11 The real property consists of 25 12 acres and is located at 7481 Mill Road , Oswego . 13 Can I have a motion to open the 14 public hearing . 15 ALDERMAN GOLINSKI : So moved . 16 ALDERWOMAN SPEARS : Second . 17 ALDERMAN ALLEN : Second . 18 MAYOR BURD : We already have a second , 19 Alderman Spears ; correct ? But thank you . 20 All in favor? 21 ( Body of ayes . ) 22 Anyone opposed? 23 Okay . Is there someone here ? 24 You ' re already here , sir . Would you introduce Page 4 1 yourself . 2 MR . JOYNER : My name is Wade Joyner . 3 I ' m the attorney for Cross Lutheran and 4 representing the petitioner tonight . 5 MAYOR BURD : Did you want to make a 6 presentation before - - 7 MR . JOYNER : Sure , I can make a brief 8 presentation . 9 MAYOR BURD : Go ahead . 10 MR . JOYNER : This is essentially our 11 proposal to expand the existing Loving Arms 12 facility . 13 As you all may know , there is a 14 daycare and other use center there now , and what 15 we are looking to do is in the short - term build a 16 12 , 600 square foot addition to that because the 17 demand for the daycare has increased greatly , and 18 also our long - term plan for this site has always 19 been to use it as a second place to expand our 20 ministry and begin worshipping there . 21 With all the growth that ' s happening 22 on that side of Yorkville , Grand Reserve , 23 etcetera , it ' s a good place to expand . 24 It is next to where New Life is Page 5 1 going to also go and which this City Council 2 approved the annexation of New Life with a 3 commercial surrounding the New Life property . So 4 the property contains both the space for the 5 church and commercial around it . 6 With that in mind and after working 7 with staff and actually working with Kendall 8 County to decide whether or not to annex or not 9 annex , ultimately we decided to go ahead and annex 10 the property into Yorkville , in part , so we could 11 tap into the City ' s , as well as Fox Metro ' s 12 services , and long - term it just seemed to make a 13 lot of sense . 14 So what you have before you attached 15 as Exhibit C to our Annexation Agreement is the 16 Concept Plan for the - - for the project . And what 17 you see is the existing facility labeled Existing 18 Facility and then the Loving Arms expansion , the 19 property - - the building we ' re looking to 20 construct in the short - term . 21 In terms of the rest of the 22 property , our thought is on the north end to use 23 that to build a full worship center , a full church 24 and community center at the time the community is Page 6 1 ready for it and at the time that we have the 2 finances to move forward with it . 3 Now we have the finances to do the 4 expansion that ' s noted but we don ' t have - - we 5 aren ' t ready to go with the rest of it . 6 The other - - the other thing you ' ll 7 notice down in the southwestern corner is 8 something labeled B - 3 zoning . what we decided to 9 do and I ' m working with staff is to create that as 10 a 4 . 14 acre commercial zone because it dovetails 11 nicely with the commercial on the New Life 12 property that ' s adjacent to it . The thought being 13 that a commercial developer who comes in would 14 perhaps want some additional land for commercial 15 purposes , and , so , therefore , we thought it made 16 sense to go ahead and segregate this piece in 17 order to facilitate that if and when it happens . 18 our opinion is that it would not be 19 developed as a business /commercial development , it 20 would be in conjunction with the property to the 21 west just because we think it ' s unlikely that a 22 developer will want to take a 40 - acre piece in 23 isolation and have it for commercial use . You 24 never know , but that ' s our thought . Page 7 1 And so that may very well be 2 something that could fund our building of the 3 community center and the worship center . 4 we intend to have some recreational 5 areas in the back where the retention and the open 6 space are mentioned , perhaps using the retention , 7 which we think will be dry retention , for soccer 8 fields , and I know there is going to be some very 9 preliminary discussions with the Yorkville Park 10 District about whether they would be interested in 11 using those once they got that constructed . 12 So , again , we ' re trying to work with 13 the community on this . 14 In terms of the petition , we ' ve been 15 through the whole process . Your packet shows the 16 votes of the Plan Commission . Everyone was in 17 favor of annexation . There were four votes in 18 favor of this Concept Plan . There were two that 19 didn ' t like the business zoning , but others 20 thought it was a wise business decision and made 21 sense and was consistent with what you had done to 22 the west . 23 At the EDC meeting there was not any 24 objection to the proposed Concept Plan . There was Page 8 1 one , one neighbor to the north who appeared and 2 did not have an objection to the project , was in 3 favor of it and mentioned that we seemed to be 4 good neighbors and we hoped we would continue to 5 be good neighbors . We ' re actually in the business 6 of being good neighbors . That ' s what the church 7 is all about . So we would , of course , do that . 8 We ' ve also gone through an 9 Annexation Agreement , a couple of drafts with 10 staff . We used the New Life Annexation Agreement 11 as the template because of the obvious 12 similarities and we didn ' t want to reinvent the 13 wheel . 14 You know , I ' m hopeful that you will 15 approve the annexation and we can begin our 16 expansion and begin becoming more involved with 17 the Yorkville community on the north side as we 18 are on the south side . Thank you . 19 MAYOR BURD : Okay . We would like to 20 open comments to the public . If anyone has 21 questions or wants to make a statement in regards 22 to this development , would you please come up to 23 the podium , state your name for the record . Is 24 there anyone here who would like to ask a question Page 9 1 or make a statement ? 2 Seeing that there are no questions 3 from the public , are there any questions from the 4 aldermen who would like to - - 5 No questions . Okay . Can I - - oh , 6 Alderman Sutcliff , is there something you want to 7 say? 8 ALDERWOMAN SUTCLIFF : I don ' t really 9 have a question , but I have just a comment . It ' s 10 a nice idea , and through the Planning Commission , 11 the neighbor directly to the north of them said he 12 was fine with it , and he would be the closest 13 neighbor at the time ( inaudible ) . 14 MAYOR BURR : Okay . And we - - can I 15 entertain a motion to go out of public hearing 16 then? 17 ALDERMAN GOLINSKI : So moved . 18 ALDERWOMAN SPEARS : Second . 19 MAYOR BURR : All in favor? 20 ( Body of ayes . ) 21 Anyone opposed? That ' s it , I 22 guess . Thank you . 23 MR . JOYNER : Thank you . 24 (WHEREUPON a portion of Page 10 1 the proceedings was not 2 herein transcribed . ) 3 MAYOR BURD : Next item on the agenda is 4 a public hearing , HRM Properties and Development , 5 LLC , petitioner , has filed an application with the 6 United City of Yorkville requesting a site plan 7 amendment to the Planned Unit Development and a 8 special uses - - a special use for a gasoline 9 service station and two drive - thru facilities . 10 The real property consists of 11 approximately 6 . 14 acres , and it ' s located at the 12 northeast corner of U . S . Route 34 and Cannonball 13 Trail in Yorkville . 14 ALDERMAN GOLINSKI : So moved . 15 MAYOR BURD : Entertain a motion to go 16 into public hearing . 17 ALDERMAN GOLINSKI : So moved . 18 ALDERMAN BESCO : Second , 19 MAYOR BURD : All in favor? 20 ( Body of ayes . ) 21 Anyone opposed? 22 We now are in public hearing for 23 this development . 24 MR . KRAMER : Good evening , Mayor . My Page 11 1 name is Daniel J . Kramer . My address is 1107A 2 South Bridge Street , Yorkville , Illinois , and I 3 represent the petitioner , HRM Properties , who are 4 the owners of the property . 5 As you ' ve indicated , the purpose of 6 the meeting tonight is to get the public hearing 7 on the PUD amendment agreement itself . 8 We went through the public hearing 9 at Planning Commission on the land use request to 10 amend the Planned Unit Development and to clean up it some of the aspects of it . 12 As the Mayor indicated , it is a 6 . 14 13 acre parcel that ' s located at the northeast corner 14 of the intersection of Cannonball Trail and Route 15 34 . 16 We think the salient point about the 17 property is that there has been tremendous growth 18 and change at that corner . Since this was last 19 revisited back in 2000 , the original Planned Unit 20 Development , we ' ve had a huge expansion with 21 Yorkville Marketplace . You ' re also considering 22 currently the Sexton family development 23 immediately to the west of that . 24 We ' ve had total build- out of a Page 12 1 commercial area on the southeast corner or 2 quadrant of that intersection as commercial and 3 retail and office . 4 on the southwest quadrant we ' ve had 5 build- out in terms of commercial , retail and also 6 huge growth in the Kendall County Government 7 Center , not only in courthouse expansion but in a 8 whole new health department building that hadn ' t 9 been contemplated back in the year 2000 . 10 With respect to the PUD amendment , it we ' re asking for a number of changes . First of 12 all , we ' re asking that the property be classified 13 under your new ordinance as PUD . 14 Secondly , we ' re asking that the PUD 15 be amended to permit the gas station use that 16 we ' ve talked about at all previous meetings and in 17 your packet on Lot 1 of the proposed development . 18 Lot 2 there is an identified bank 19 user . Lot 3 would be a strip center , an office 20 center and restaurant , that does have a drive - thru 21 for one drive - thru on the east end . There would 22 not be a second drive - thru on the west end , which 23 is a clarification on the agreement that Travis 24 made . So we all understand there is not two Page 13 1 drive - thrus there . 2 We ' ve also asked to amend the text 3 of the PUD to permit 24 - hour operation of the 4 convenient store and gas station . Now it has 5 limited hours . 6 There was some language in the 7 original Planned Unit Development agreement back 8 in 2000 before the large Blackberry interceptor 9 went through for sanitary sewer purposes that 10 Yorkville - Bristol Sanitary District did not have 11 adequate capacity to handle this particular 12 property . We ' re asking that that language now be 13 amended since the Yorkville - Bristol certainly does 14 have that capacity and this particular parcel was 15 figured into the capacity loads . 16 In terms of the PUD , we ' re also 17 asking to amend two respects that border on i8 landscaping and configuration . Number one , we ' re 19 saying that the text of the document , that we 20 would comply with the much stricter landscaping 21 code that now is in effect in the United City of 22 Yorkville . We did submit a preliminary landscape 23 plan . Staff made some comments on it . We need to 24 beef it up by 12 trees overall , but it otherwise Page 14 1 does conform to the current tougher codes . We are 2 asking for a change in the landscaping area at the 3 north side of the property which we think makes an 4 awful lot of common sense . 5 If you look where the driveway - - 6 and I ' ll turn it slightly both for City Council ' s 7 benefit and audience benefit . If you see where 8 the western street intersection would be with 9 Yorkville Marketplace , the geometrics , if you 10 brought that straight across , would clip the 11 residential property to the north , and that house 12 literally would have a street or an entrance right 13 in its front yard . 14 The existing PUD says there should 15 be a 400 - foot landscape easement . So something 16 has to give not to have a road into their 17 driveway . 18 We ' re proposing a green buffer area . 19 As disclosed on our Concept Plan , that would be 20 the rear yard of a daycare center , which , again , 21 is an identified user . It would be buffered with 22 fence , landscaping , and then an inside fence that , 23 in fact , serves under DCFS rules as far as 24 playground area for the children . I think it Page 15 1 would be a good fit in terms of a good neighbor in 2 that they do not operate at night . It would be 3 much like the daycare center that we have at the 4 corner of Cannonball and John Street going to the 5 courthouse . 6 So those are the changes that we ' re 7 asking for in the written agreement , we would ask 8 that you allow any public comment . we would 9 reserve the right to comment on that , and then we 10 can see what questions there are about the 11 agreement . Thank you . 12 MAYOR BURD : Thank you . 13 Now , I would ask that people wishing 14 to make comment tonight come up to the podium , 15 state your name for the record , and if there are 16 people , numerous people here with the same 17 concerns , if you would try not to repeat the same 18 concerns but consolidate them for time sake , I 19 with appreciate it . I think the whole City 20 Council would appreciate it . But , otherwise , 21 we ' re here to hear . 22 So , yes , Anne Lucietto , Chairman of 23 the Plan Commission , would you please come forward 24 and - - Page 16 1 MS . LUCIETTO : Thank you . Normally the 2 Planning Commission doesn ' t come . I think you 3 guys realize that ; however , we ' re here to support 4 the vote that we ' ve made in June at our meeting . 5 As you can see , I have a - - unfortunately a lot of 6 paperwork I had to go through . 7 Basically we felt that only a part 8 of what we had said and what we had discussed in 9 the meeting was heard . I did talk to some of you 10 guys and I talked to a number of the Planning 11 Commission members and they were a bit upset about 12 that . So I asked a couple of the Planning 13 Commission members that I could get a hold of to 14 please write a letter , and you have two in your 15 packet , and I also have two of the Planning 16 Commission members here this evening that would 17 also like to just share their personal thoughts 18 about some of the things that we discussed so that 19 you understand a little bit better what actually 20 happened in that forum . 21 Generally we ' re open to changes of 22 PUDs . We think that ' s a good thing because things 23 do change over time and we consider those changes 24 very carefully . Page 17 1 I ' m going to ask that you not 2 consider the notes as hard and fast quite yet 3 because I think there are going to be some changes 4 that the Planning commission is going to ask to 5 make or have things reviewed . 6 As I went through , I found a couple 7 of things just very quickly scanning . However , we 8 did indicate in favor of the driveway . We thought 9 that was okay . And the daycare was just fine . We 10 had no trouble with that . we did have a problem 11 with 24 / 7 operation . 12 Just to go back a little bit , this 13 property was first touched 20 years ago , and I 14 remember it just after we moved into the area , and 15 then in 1996 it came up again , and then again in 16 2000 is when we spent about five months putting 17 together a PUD that was amenable to everybody 18 involved . We were happy with density . we had , in 19 the past , if you look at some of the old notes and 20 stuff , you ' ll find that there were duplexes and 21 some other housing units and stuff like that that 22 was actually planned to go in there , and we didn ' t 23 think that that was the appropriate use of that 24 place , and so we encouraged some commercial , but Page 18 1 then we started - - we worked on that and we really 2 encouraged 24 / 7 - - to stay away from the 24 / 7 type 3 of commercial . 4 So we ' re not in favor of the gas 5 station . Dan did ask us that and we clarified 6 that , but I want to make sure that everybody knows 7 that the reason the Planning Commission did not do 8 that was because of that 24 / 7 aspect . That ' s 9 something that we felt strongly about . 10 Things we considered and we did 11 discuss with them are things over the years , and 12 I ' m not talking about this particular plan , but 13 over the years , the things we looked at were the 14 same issues that came up with Kendall Marketplace , 15 We were worried about lighting , hours of 16 operation , berming , landscaping , access , impact to 17 the road and all those things , and they have 18 talked about that and we ' re in complete agreement 19 with some of those plans . So that ' s fine . 20 I think the thing that kept coming 21 up that I wanted to point out to you is the word 22 integrity . I kept hearing it from my Planning 23 Commission members , and it was sort of bothering 24 me because I felt like we really worked hard to Page 19 1 put a plan together in 2000 . We looked it over 2 and now we ' re trying to change the hours of 3 operation . We just felt very strongly about that 4 and I wanted to share that with you . 5 And , again , the minutes are not 6 approved , so please don ' t take them to heart . 7 There were a couple points that I found in there 8 that I think motions , nods of heads and stuff like 9 that that we caught were not captured on the 10 minutes . So there is some issues that we have 11 there . 12 I am going to ask that the City 13 Council recognize two of the Planning Commission 14 members . Sandra Adams is the first one and the 15 second one will be Michael Crouch , and they will 16 give you their feelings and thoughts about this as 17 well . And I appreciate your time . Thank you . 18 MAYOR BURD : Sandra , would you please 19 come forward . 20 MS . ADAMS : Sandra Adams , Planning 21 Commission . 22 We have had a PUD agreement in place 23 since the year 2000 . The City has worked very 24 hard to put a plan together that was acceptable to Page 20 1 all parties . This new proposal I believe as a 2 commission would have a negative impact at this 3 point . Thank you . 4 MAYOR BURD : Mr . Crouch . 5 MR . CROUCH : My name is Michael Crouch . 6 I live at 506 Blaine Street , and I ' m a member of 7 the Planning Commission . I ' m not going to repeat 8 everything that was in the letter that I think was 9 in your packet , but I would like to point out a 10 couple of things . 11 First of all , as has been said , this 12 has been before the Planning Commission several 13 times . As Anne went through , we ' ve talked about 14 it . We ' ve met many times considering the needs of 15 the city , as well as trying to balance the people 16 that live nearby . 17 As I indicated in my letter , there 18 are issues with the gas station , particularly in 19 terms of issues of runoff . There were some 20 comments in the paper regarding lots and lots and 21 lots of properties running off to Blackberry Creek 22 in terms of water runoff . 23 I don ' t know how many of those 24 properties are adjacent that actually are on well Page 21 1 and septic , and these people from back to the time 2 when the water was run up along Cannonball Trail 3 have had grave concerns about their wells , and I ' m 4 sure they have those same concerns now . 5 I think the Planning Commission has 6 tried to be fair . As I suggested in my letter , I 7 have no doubt this property will be developed . I 8 think something much , much , much less intensive , 9 certainly not a 24 / 7 operation , certainly not a 10 gas station , certainly not something with the kind 11 of lighting issues that are going to be intrusive 12 on the people that live nearby . Those are my 13 concerns , and I think they were concerns of some 14 of my fellow commissioners . 15 So I hope the City Council would 16 listen carefully to what they have said and also 17 what the people of that area say because as I 18 indicate in my letter , these people feel like they 19 compromised already more than once . They would 20 like just to have the quality of life that they 21 presently have or even more . Thank you . 22 MAYOR BURR : Is there someone else who 23 would like to speak? 24 MR . BUCK : Hi . Good evening , Page 22 1 Mrs . Mayor , members of the City Council . Carl 2 Buck on behalf of the Cannonball Trail Civic 3 Group . 4 There are three points that I want 5 to make without trying to rehash the information 6 that ' s been presented from the Cannonball Trail 7 Civic League and the other people that I know want 8 to talk . 9 The plan that ' s being presented to 10 you is a change in the Annexation Agreement and 11 the PUD Agreement that is totally - - it changes 12 the concept totally of what was done initially 13 when this agreement was entered into . And I 14 understand that this agreement was , in essence , a 15 contract . It was a contract with the owner of the 16 property at that time and the City of Yorkville , 17 and they agreed that this is what they were going 18 to do to manage the development of this property . 19 And when the developer , at that time 20 the owner , sold the property to HRM , the 21 petitioner now , they looked at the property and 22 they looked at this plan , which was the plan that 23 was approved back in 2000 , and they made a 24 financial assessment of this plan and they decided Page 23 1 they could buy this property under this plan and 2 they could make a profit developing this property 3 as it was . 4 So I would suggest to you that no 5 matter what evidence you hear today , there is 6 going to be no evidence that ' s going to meet the 7 first two tests of your special use ordinance , 8 which is really what we ' re arguing about here , and 9 that ' s damage to the adjacent property owners and 10 use of the property . 11 There is three points that I want to 12 make along that line . I think they are the three 13 biggest ones . Mr . Kramer , who was previously 14 talking about the 400 feet , and what the agreement 15 actually says - - let me just find it real quick 16 here . It says that the Site Plan attached here is 17 modified to provide that a minimum distance of 400 18 feet shall be maintained between the northern 19 property line of the subject property and the 20 commercial center for the business shown on the 21 subject site . 22 Now , that ' s the original agreement 23 that you have . So that meant that 400 feet from 24 the northern property line down was going to be Page 24 1 office . 2 Now , in Mr . Kramer ' s initial 3 remarks , he indicated that the daycare center that 4 they ' re proposing here on Lot 4 is one of the 5 permitted uses on the original agreement , and it ' s 6 not . It ' s permitted under the B - 1 and B - 2 , which 7 is the 400 - - which is less than 400 feet on the 8 southern portion of the property but not on the 9 initial 400 , and that ' s really important because 10 when Mr . Kramer was talking about the green space 11 that they provided , you ' ll see that the original 12 plan that your Plan commission and your city 13 approved in 2000 contemplated green space and 14 contemplated a transitional use . They 15 contemplated having office up here with green 16 space to buffer the retail and the commercial that 17 was going to be developed on the hard corner . 18 That ' s being taken away now because 19 you ' re going have a daycare and it ' s going to have 20 significantly more traffic and it ' s not , even 21 under your current plan , it ' s not an office use . 22 So that is one conceptual change , and it ' s a major 23 conceptual change . 24 The second one is that - - the hours Page 25 1 of operation , and I know that one of the Plan 2 Commission already - - or the Chairman of the Plan 3 Commission already spoke about this , but in the 4 original agreement the hours of operation are 5 limited on a commercial from 6 : 00 to midnight and 6 it stops at midnight , and we were able to obtain 7 some of the records from the drafting of the 8 document , and even your own staff suggested that 9 that be scaled back and it wasn ' t . 10 In the proposal that you have that ' s 11 on your agenda for approval there is no limit of 12 operation , and that ' s in paragraph - - it ' s in the 13 proposal to change the Annexation Agreement . I 14 tried to pull it out here as I was going through 15 it . It ' s right in the recitals . And that ' s being 16 proposed to be taken out . So there is going to be 17 no limit of operation on that . 18 And the last thing that I want to 19 talk about in terms of the concept is in the 20 original recitals of the Annexation Agreement that 21 was entered into , it specifically referenced that 22 if there was going to be a change , the change with 23 respect to the office could be done by a petition , 24 and the owner didn ' t have to pay a fee or do Page 26 1 anything . He could come in and modify his office 2 use . And that meant if he wanted to put office 3 use down here , he could do that . But if he wanted 4 to change any of the commercial use down here , he 5 had to come in and file a petition , and then he 6 had contemplated the northern portion up here was 7 going to be a transitional area and it was a 8 commercial area down here . So when this 9 agreement , this contract , this handshake , if you 10 will , on paper was made everybody agreed that this 11 was going to be transitional up here and it was 12 going to come down to commercial and retail on the 13 hard corner . 14 Now what you ' re talking about is not 15 that . They ' re talking about totally not only 16 increasing the density , increasing the traffic , 17 and you all know from the Kendall Marketplace 18 case , which was not only an arduous process 19 through the City Council but an arduous process 20 through the courts , and they spent an immense 21 amount of time and effort and energy and dollars 22 limiting the traffic on Cannonball Trail , moving 23 things back , creating setbacks , creating berming 24 to reduce the effect on the adjacent property Page 27 1 owners . 2 Putting a gas station and increasing 3 the density here and modifying this existing 4 agreement , which the developer , having purchased 5 it , has already agreed we ' re making money , is 6 going to increase that traffic , increase that 7 density and totally , totally change the original 8 agreement that you had in place with them , and 9 that ' s why under no set of facts can the first two 10 standards here be met , and that ' s why we believe 11 that you should deny any amendment to the 12 Annexation Agreement on the contract they entered 13 into . Thank you . 14 MAYOR BURR : Is there anybody else who 15 would like to speak? 16 MS . DUBAJIC : I ' m Lynn Dubajic , 17 Executive Director of the Yorkville Economic 18 Development Corporation . I wanted to speak to the 19 changes that have occurred obviously in that - - at 20 that intersection or nearby and speak to the 21 amount of employment that has taken place and at 22 the cost of actually taking place in the next 23 upcoming month at that intersection due to the 24 government center , the healthcare center , and Page 28 1 obviously the shopping center . 2 There was a potential to have nearly 3 3 , 000 people working at or near that intersection , 4 which is actually a figure that is higher than the 5 current amount of people that work in Yorkville at 6 this time , and as we all know , fuel is a 7 necessity . 8 So I just wanted to speak to the 9 fact that you have a tremendous amount of people 10 that will be working there , along with people that 11 will be coming there to be served , whether it is 12 commercially or for the government center or with 13 healthcare needs . So it seems that fuel would be 14 a necessity for many of those people . Thank you . 15 MAYOR BURR : Martha , 16 MS . PRICE : I ' m Martha Price . I live at 17 29 Hickory Lane in Yorkville . 18 You have received a lot of 19 information from us about the PUD on the northeast 20 corner , of course , that we are talking about . As 21 you probably discerned by now that we are mostly 22 concerned about the environmental aspects of a 23 potential gas station and a car wash there . 24 You received an Executive Summary of Page 29 1 the Blackberry Creek Corridor Ecological 2 Assessment commissioned by this Council in 2002 3 and an Executive Summary of the Blackberry Creek 4 Watershed Alternative Features Analysis and a Soil 5 Report from the U . S . Department of Natural 6 Resources Conservation Services which indicates 7 that the only really favorable , or as the report 8 puts it , unlimited use of that corner is dwellings 9 with basements . 10 Ironically what was planned there 11 meets twice in the history of this corner , and you 12 have the extensive history , I believe , of this 13 corner . 14 You will note that the soil there is 15 at high risk for groundwater contamination and not 16 a good filtering type of soil . This makes the 17 underground detention and retention a concern . 18 Also , this soil type is our concern 19 since Blackberry Creek is only 1 , 000 feet away and 20 there are private residential wells to the east 21 and north of this corner . Additionally , there is 22 a private pond to the south . 23 Your new Comprehensive Plan includes 24 goals having to do with protecting global Page 30 1 watersheds . This property is part of the 2 Blackberry Creek watershed . we would hope you 3 want to honor those goals . 4 In case you did not have time to 5 read through the extensive amount of information 6 that you received for this meeting , I would like 7 to quote just a few things from that material 8 which I hope you will take into consideration and 9 help you to make a good environmental decision . 10 From testimony before the 11 Subcommittee on Environmental and Hazardous 12 Materials , Committee on Energy and Commerce House 13 of Representatives given in 2002 by the director 14 of national resources and environment that - - this 15 is a quote - - " There is increasing concern that 16 our nation ' s waters are becoming contaminated with 17 MTBE " and that ' s at the end of that quote . " The 18 MTBE is an additive to gasoline which is supposed 19 to help cut down pollution . " A further quote , 20 " MTBE could pose risks to human health , especially 21 as a contaminant in drinking water wells . MTBE 22 should be regarded as a potential cancer - causing 23 risk to humans , " unquote . 24 From the U . S . Environmental Page 31 1 Protection Agency , quote , " Even with the most 2 ideal regulations there will continue to be 3 equipment failures and installation mistakes which 4 will result in releases of fuel to the 5 environment . In addition to underground storage 6 tanks , there are many other potential sources of 7 MTBE contamination , such as gasoline spills from 8 automobile and tanker truck accidents , gasoline 9 spills and drips from refueling automobiles , " 10 unquote . 11 Another report from the U . S . EPA 12 gives the activities of the leaking underground 13 storage tank or LUS Fund , which is funded by a one 14 cent tax on each gallon of motor fuel sold 15 nationwide and brings in approximately 70 million 16 dollars a year . Corrective action for leaks that 17 affect groundwater typically cost from 100 , 000 to 18 over one million depending on the extent of the 19 contamination . The presence of MTBE can lead to a 20 substantial increase in cleanup and drinking water 21 treatment cost . 22 Even with all of this money which 23 can go to individual states , Illinois has a 24 cleanup backlog of 7 , 006 , and the number of Page 32 1 cleanups in the backlog for the entire nation for 2 2008 is 106 , 577 . 3 The number of emergency responses to 4 leak and runoff problems in just Illinois for the 5 first half of fiscal year 2008 was 1 , 852 . There 6 are 22 , 351 active tanks in Illinois and 64 , 031 7 closed tanks as of the date of the report . 8 Obviously a lot of gas stations close . 9 From that midyear report , 1 , 514 10 inspections were reported as having been done , and 11 of those , 335 sites were identified as being 12 ineligible for delivery or acceptance of product . 13 It seems with these environmental 14 risks another location along Route 34 would be 15 best for an additional gas station , a location 16 that is not so close to long- established 17 residences with private wells and Blackberry Creek 18 and a pond . 19 In trying to attract shoppers to 20 Kendall Marketplace , something closer to the west 21 side of the center , such as Beecher Road , would be 22 more appropriate , and it ' s even more appropriate 23 if there is a future extension of Beecher Road , 24 There would be more traffic there than Cannonball , Page 33 1 and it would certainly catch motorists coming and 2 going from the medical center and courthouse . 3 The corner of Cannonball and Route 4 34 is also where the Sheriff ' s Department 5 emergency vehicles access Route 34 , Sometimes 6 rather quickly . This could add to the traffic 7 problem at the corner and I think this should be 8 considered . 9 As was mentioned during the public 10 hearing at the Plan Commission , the economic it factor is important for the city but should not be 12 the only consideration . 13 Thank you for your consideration of 14 our environmental concerns and for the integrity 15 of keeping an agreement such as the current PUD . 16 Thank you . 17 MAYOR BURD : Is there anyone else who 18 would like to speak? 19 AUDIENCE MEMBER : Can I just ask a 20 question? I don ' t really want to speak . I mean , 21 you ' re talking about 3 , 000 jobs ? Are those extra 22 jobs , because you were talking about - - I mean , 23 there is already people working there . 24 MS . DUBAJIC : Right , it ' s the potential Page 34 1 of the three that are officially involved in the 2 center , the shopping center , and the medical 3 campus would be about 3 , 000 people . 4 AUDIENCE MEMBER : And over how long a 5 period of time do you expect that accumulation? 6 MS . DUBAJIC : Say , three years ; three to 7 five years . It could be up to five years . 8 MAYOR BURD : Please state your name and 9 your address for the record . 10 MR . HENNE : Hi , I ' m Verne Henne , and I 11 live in Yorkville , Illinois . And there is - - you 12 can talk about gas stations all night long . But 13 at any rate , everybody bought the property in 14 Yorkville , and I don ' t have any animosity towards 15 Harold , I know he ' s out to make a dollar , and 16 that ' s fine and I understand that , but I do know 17 what MTBE is and I also know what is happening to 18 gas stations right now due to ethanol and so on 19 and so forth , but it still boils down to one 20 thing . We went through and figured out what it 21 was going to be , spent numerous hours , figured it 22 all out and said - - everybody said , good , this is 23 what it ' s going to be . So we all hung our hat on 24 that . Page 35 1 Now , we can argue about all this 2 stuff all night long , but we , as people , hung our 3 hat on you . You said this is what it ' s going to 4 be . 5 Now , I understand you might want to 6 clip a corner here or do this or do something a 7 little different here and there . I understand 8 that , but not change the whole thing . So , 9 actually , if you do change the whole thing , all 10 that time previous to this is a waste of time and 11 we hung our hat on a dry well . 12 So I guess the most important thing 13 I can say tonight is sometimes you just have to go 14 with what it is because everybody knew what it 15 was . I knew what it was . Harold knew what it 16 was . Dan knew what it was . Everybody in this 17 room knew what it was , and now it ' s going to 18 impact us . MTBE is a nasty chemical . So thank 19 you very much . Have a nice night . 20 MAYOR BURR : Thank you . 21 Anyone else like to speak? Yes , 22 sir . Man in the orange shirt . 23 MR . JOHNSON : Hi , I ' m Mark Johnson , 204 24 Georgeanna , Yorkville . Page 36 1 On July 18th , 2008 , St . Louis T . V . 2 radio KMOV said , According to industry trends , 3 about 3 , 000 gas stations are now closing across 4 the country each year . Startled motorists quickly 5 found there was no gas to be had in a BP station 6 on Chippewa in St . Louis Hills . The industry says 7 stations are closing up under the tremendous 8 financial pressure brought on by high gas prices . 9 Credit cards are one of the biggest problems 10 costing 10 cents a gallon . Stations say more 11 customers than ever are paying with credit cards 12 because they ' re financially strapped . 13 Milwaukee Journal Sentinel , May 14 2008 . The operator Currow (phonetic ) has been 15 thinking about shutting his gas pumps down for 16 about a year . He has complained to the supplier 17 about prices . when he shut down his pumps , he was 18 charging 3 . 59 a gallon , 12 cents higher than his 19 competing stations nearby . Even at 3 . 59 , I was 20 making 15 cents , but I was still giving 10 of 21 those cents to MasterCard . 22 Nationally the Association of 23 Convenience Stores estimates that sales rose 12 24 percent , but profits fell 23 industrywide last Page 37 1 year , and for the first time credit card fees were 2 higher than the industry ' s profit . 3 Lower margins on the sale of fuel 4 and credit card fees were the two main factors 5 behind the drop in profit , the Association said , 6 as profit margins on the sale of fuel dipped to 7 their lowest point since 1983 . 8 Until January , Orman ( phonetic ) or 9 predecessors of this other area sold gasoline on 10 that corner since 1938 . He says he never made 11 much money selling gas but started seeing margins 12 nosedive last year when gas prices rose , and then 13 you listen to the public and they say we ' re 14 gouging them . Who needs to listen to that . I 15 need to have my head examined . I ' m sure some of 16 you aldermen think that some nights here . 17 I can go on and on with the reports 18 I see in the news about gas stations closing 19 around the U . S . The stations are making their 20 money on the beer and liquor sales and other 21 conveniences . 22 Maybe gas prices will settle down 23 and maybe they won ' t . Even Jim Oberweis at the 24 town hall meeting over at the old courthouse Page 38 1 tonight talked about gas prices . Why do we need 2 more gas stations in town? We have three from the 3 south , two from the north , two from the east , and 4 two from the west . That doesn ' t include the ones 5 in Plano and on Orchard Road . I also assume there 6 are more planned . Usually they follow Wal - Mart 7 and they ' re out in front of the major shopping 8 centers . I ' m certain they have already asked for 9 liquor licenses , too . My belief is that we have 10 had - - we have enough liquor outlets in this city 11 already . 12 I believe , like many others here 13 tonight , that this space should be reserved for an 14 office complex or something that will fit with the 15 existing neighborhood . I don ' t believe we need 16 another gas station or another bank . Please don ' t 17 ask me what I think of the banking industry and 18 whether we need one more bank in our city . My 19 answer is simply : Gas stations and banks , we 20 don ' t . Thank you . 21 MAYOR BURD : Is there anyone else who 22 would like to make a comment ? 23 MR . MARSHALL : Phil Marshall , 11 Amanda 24 Lane . I ' ve been a neighbor for about 12 years and Page 39 1 I ' ve had the pleasure of attending several of 2 these sessions , and after listening to all of 3 this , I recall several sessions where you were 4 dealing with the problem of 34 and 47 where that 5 gas station closed and City Council had a 6 relatively difficult time , if I recall , trying to 7 find something they can put in there on top of 8 that ground due to the contamination . So 9 expanding the problem to Cannonball ' s poor soil 10 doesn ' t seem to make sense to me . it MAYOR BURD : Is there anyone else who 12 would like to make a comment ? 13 MR . PRICE : I ' m Kyle Price , and I ' ve 14 lived in our present house 37 years . I ' ve been in 15 Yorkville for 45 years . And when I first came to 16 Yorkville , there were gas stations , several of 17 them . None of them are still in operation , but 18 some of the buildings are still there . I would 19 call them white elephants . Are we going to have 20 another white elephant if we place another one on 21 Cannonball and 34 ? 22 We had one at 47 and 34 . Now there 23 is a nice bank there , which is certainly better 24 looking than the closed Mobil station at that Page 40 1 time . 2 So things don ' t always last forever , 3 of course . Change is okay . It ' s going to happen . 4 But keep in mind that there is a lot of changes in 5 the attitude towards the environment and 6 towards - - towards people , but basically Matt 7 Woodin ( phonetic ) , who I know quite well , 8 indicated how nice a community they live in and 9 how nice and helpful the people are and so forth , 10 and everyone in this room has been here for a long 11 time and they put a lot into this community , and 12 this is why people like our community . 13 And , you know , jobs are important , 14 and unfortunately there is a lot of jobs that 15 leave town every day . We ' re getting more economic 16 development all the time . 17 But one last thing , on that corner , 18 if we want to clutter it up , we ' re going to talk 19 safety , and 34 and 47 up here has a lot of action 20 and there is a lot of accidents and so forth . 21 Okay . So ambulances and police cars 22 and so forth cruise not by choice but because they 23 have to on 34 , and if we stop the traffic flowing , 24 and gas stations will do that , it ' s going to be a Page 41 1 great safety concern . So also keep that in mind . 2 Thank you . 3 MAYOR BURD : Is there anyone else who 4 would like to comment ? 5 MR . BAZAN : I ' m Steve Bazan . I live on 6 Cannonball . We ' ve been here 45 years . When I 7 built my house , I drove a sand point - - I don ' t 8 know if anybody knows what a sand point 9 is - - for water . We have four residents out there 10 with sand points , and the least amount of gasoline 11 spill would be devastating . We ' re only 30 feet 12 deep and we have plenty of water , and we ' ve had 13 plenty of water until they run the sewer line and 14 they run us out of water , but it came back . But a 15 gas station would be devastating if we had the 16 least amount of gasoline spill . That ' s all I want 17 to say . Thank you . 18 MAYOR BURD : Anyone else that would like 19 to speak? 20 All right . Since we will be 21 discussing this as a City Council as a - - 22 MR . KRAMER : We do have one more . Becky 23 would like to speak for a minute . 24 MAYOR BURD : I ' m sorry . Page 42 1 MR . KRAMER : You were kind of looking 2 towards the back at first . 3 MS . OLIVER : As they pass these folders 4 out , I ' m Rebecca Oliver . I ' m the " R " in HRM 5 Properties and Development , and I would like to 6 present just some information , basic information 7 about some of the environmental concerns and 8 statistics that have been presented to you 9 previously . 10 Don ' t be afraid by the size of the 11 packet . The reason that I supplied all of that 12 information , and we ' ll go through it briefly , is 13 that I also wanted to give you an opportunity to 14 truly look at where the information comes from . 15 It also supplies the web links so that if you 16 choose to get even further information you can . 17 What I will do is direct you to the 18 first handout on the right side of your folder 19 which looks like this . It ' s a small Power Point , 20 And it ' s very , very simple . And then I will be 21 going back and forth on the left side - - or on the 22 left side of the folder you will also see an 23 environmental issue and response which is more 24 detailed . So we ' ll work off of both of them . Page 43 1 And , again , thank you for your indulgence . 2 But what we ' re going to talk about 3 this evening are the underground storage tanks or 4 the USTs , and as you have heard from the 5 residents , and rightly so , there are very many 6 fears and concerns about the idea of gas stations 7 or underground storage tanks of any kind . And 8 previously in the history of our nation there 9 should be because they were dangerous . They held 10 dangerous products and they caused risk to our 11 groundwater , our runoff , and to our residents . 12 If you go to the next page of the 13 Power Point , it just briefly says that most 14 particularly beginning in 1986 , the UST program 15 was created with the Resource Conservation and 16 Recovery Act - - it ' s called RCWA - - of 1986 , and 17 that ' s when our country and the EPA truly took a 18 major stand at bringing environmental safety and 19 security to our people . 20 The requirements and the criteria of 21 RCWA just keeps getting tougher and tougher . When 22 those amendments were put into play in 1986 , the 23 cutoff date was December 22nd of 1988 . That meant 24 that anyone from December 23rd of 1988 must be up Page 44 1 to speed with all the current requirements . 2 Now , the reason those dates are 3 important is because they allowed a grandfather 4 clause to the established for current gas 5 stations , and that was a 10 - year grandfather . 6 That was 1998 . 7 Now , from 1988 and the beginning of 8 the fiberglass or the fiberglass - enforced 9 underground storage tanks , there have been little 10 or no problems . li Now , were there problems previous 12 with the metal tanks ? You bet you . They were 13 metal . They ' re corrosive . They corrode . They 14 react with the earth ' s substances and they react 15 with the substances that were put in them . 16 And so as history goes back and 17 looks , look , starting in the 20 ' s and 30 ' s all the 18 way through the 60 ' s , most particularly the 40 ' s 19 and 501s , all we knew , all we had were underground 20 storage tanks made of metal , and that ' s what was 21 used and that did cause a problem . so that is the 22 beginning history of our nation and EPA ' s movement 23 to protect us . 24 Now , this is the next page that I Page 45 1 have for you , and you are a part of this all the 2 time . When you have issues come before you , 3 issues that everyone is passionate about , either 4 for or against , and that ' s how our system is 5 created . It is a system of opposition . That ' s 6 how it ' s supposed to be . We ' re supposed to 7 passionately place our case before you and then 8 you make your best decision . But as you do that , 9 you have to realize that there is two sets of 10 fears and concerns , there is factual fears and 11 concerns , which I am here to talk with you about , 12 and then there is emotional fears and concerns , 13 which are personal and private to each of us . And 14 once you can say , well , that ' s a factual concern 15 or that ' s an emotional concern , it helps everyone 16 to make a better decision . 17 Next page . The two major things 18 that you heard about this evening is the dreaded 19 MTBE , and it should be , and fuel tank leakage and 20 overspill . And what I am going to do to address 21 that is take you then to the left side of your 22 packet . In Exhibit A , what you will see is a copy 23 of the press release where Illinois became one of 24 nine states in the nation that completely bans Page 46 1 MTBE . And that took place in 2001 . And not only 2 did we ban the use , manufacture and sale of MTBE 3 in Illinois , we banned the right to transport any 4 substance containing MTBE throughout our state . 5 So it is dangerous , it is dreaded , 6 and there it is no longer a part of what we do in 7 Illinois . And Illinois has been very , very 8 proactive in the environmental moves that they 9 make . 10 I ' ll take you to the next sheet it which talks about EPA and emergency response 12 statistics . Now , one of the things - - and I ' ve 13 seen a lot of the information that has come to 14 you , which has been a lot , and that ' s a good 15 thing , but I think that it ' s important to make 16 sure that the statistics that are brought forward 17 to you , we either talk about the nation , we talk 18 about all of Region 5 , or we talk about Illinois . 19 I think we need some consistency there because it 20 gives a more clear picture of where we ' re at . 21 Region 5 of the EPA consists of 22 Indiana , Illinois , Michigan , Minnesota , Ohio , 23 Wisconsin , and 35 Native American tribes , so it ' s 24 a very large region , and if you look at your Page 47 1 Exhibit B , you can clearly see that Region 5 is 2 set out for you , and you can see that it ' s a very 3 industrial area of the United States . 4 Now , I also have for you Exhibit C , 5 which is the most recent midyear activity report 6 for Region 5 . And if you go to the first tab in 7 that packet , you will see a highlighted line . And 8 I felt really good about this and I was really 9 grateful for the Cannonball Trail Civic League 10 because I was able to find where they got some of 11 their statistics , and that made me feel good 12 because I wanted to be able to support that . 13 These numbers , the importance here 14 is that these numbers are cumulative except for 15 two columns , and they are cumulative from 1988 16 when the reporting requirements started to be 17 required . 18 So the two most important numbers 19 here that are current , that are for the first half 20 of the fiscal year are the confirmed releases of 21 244 and the cleanups completed of 425 . The other 22 thing that is very important here is that this 23 chart classifies all types of reportable criteria . 24 And what that means is brown fields , federal Page 48 1 facilities , super funds , landfills , and all types 2 of hazardous or pesticide spills , overturned 3 tanks , anything of that nature . 4 With that same report , if you go to 5 the next page of the Power Point - - ( inaudible ) . 6 Excuse me . Thank you . 7 If you go to the next report - - or I 8 also included Exhibit D . I thought this was 9 really helpful . Exhibit D is a very old form , and 10 these are the first two yearly reports that were 11 the criteria required by RCWA , and you can 12 actually see the beginning of this program because 13 there are so many zeros . So you can see for 14 yourself , even though it states on the forms and 15 the reports that they ' re cumulative , you can see 16 that they truly are accumulative numbers . That ' s 17 very important because we need a snapshot of now . 18 We need to understand where the EPA and our 19 controls are now as we make decisions such as 20 this . Not only for HRM but for the community . So 21 I wanted to include that for you . 22 Now , that brings me to Exhibit E , 23 which is the Emergency Response Region Report for 24 Region 5 , and what I did was I was able to run off Page 49 1 the emergency response criteria for Illinois . And 2 as you thumb through it , you will see it goes back 3 to the year 2001 and brings you forward to July of 4 2008 . And I went through every single one of 5 these entries , and there are 88 of them , and so 6 that ' s 88 in - - just in eight years - - seven 7 years - - I ' m sorry - - seven years , and I could 8 find none of them that were for gas station 9 underground tank leaking . 10 The links are here . Please do not 11 hesitate to investigate further on your own . 12 That ' s why I brought you this information . I 13 wanted you to be able to do that on your own . But 14 that gives me a really good feeling about today ' s 15 requirements and the policing of these processes . 16 And bear with me . And thank you for 17 your patience . I am just about done . 18 One of the numbers that were quoted 19 to you was that there is a 30 percent backlog in 20 cleanup in Illinois and that is absolutely 21 accurate . One of the reasons that we have that 22 cleanup backlog is that the current governor has 23 borrowed funds from the LUS Fund , and so there is 24 a financial depletion there . Nothing that we can Page 50 1 control . That ' s a political issue . But that ' s 2 important information I do believe for you . 3 Also they mention that the current 4 backlog for Illinois on cleanup is 7 , 006 . Again , 5 an accurate number , but an accumulative number . 6 That is an accumulative number from 1988 . 7 As far as the number of active and 8 inactive tanks , I ' m not quite sure of the 9 relevance as an accurate number , but you have to 10 remember that these tanks are not gas station 11 tanks , they ' re all underground tanks . So that 12 includes chemical , pesticide , agricultural , 13 anything that is reportable and in an underground 14 tank to the EPA . 15 The other thing I wanted to talk 16 with you about , and it is Exhibit - - oh , Exhibit 17 F . I just put in here the most recent amendments 18 to the law . I only - - it ' s a 500 -page law , so I 19 only took the 13 pages that apply to underground 20 tanks , but I thought it might be helpful for you 21 to see the breadth and the width of what the 22 legislation for this is so that you can see for 23 yourself how deep the requirements and criteria 24 go . Page 51 1 And then lastly is Exhibit G . And 2 it ' s this color printout of the tanks that are 3 going to be used or are proposed to be used at 4 this gas station if approved . 5 And I thank you for the opportunity 6 to have learned a lot of things that perhaps I 7 would not have learned , and what I have learned 8 about fiberglass double - wall tanks is that the 9 Xerxes Corporation started manufacturing and 10 selling these tanks in 1984 . Since that time they 11 have not had any reported leakage or problems with 12 properly- installed tanks . And what I mean by 13 " properly , " they have to be monitored , they have 14 to be licensed subcontractors , they have to be 15 trained and they have to be inspected . And since 16 1984 , Xerxes has had no leaks . 17 I didn ' t know this , but 18 fiberglass - - and the reason it is the preferred 19 criteria for underground tanks is inert . It is 20 not reactive with substances in the earth and it 21 is nonreactive with the substances , most 22 especially petroleum , that goes into them , and I 23 didn ' t know that . The double - wall system is 24 pretty fascinating , but I will spare you that . Page 52 1 I ' m certainly not an expert , but I will spare you 2 that . But it is very easy to read and a very 3 informative handout . 4 And then finally on the Power Point 5 is this last page which says Positive Impact . And 6 we do believe that these changes are positive . 7 And the reason is - - there is several reasons , and 8 we can go into a lot more , but these are the 9 highlights . 10 The gas station understands where it our ecology and environment is going and they will 12 be selling ethanol and they will be selling 13 bio - diesel because we know that is the future . 14 Sales tax . Just the sales tax from 15 the gas station alone , no other retail , will be 16 between 250 - and 300 , 000 a year . That ' s easy . 17 Another thing , and you will see 18 these handouts in your packet , they have the HRM 19 information . We have done some comparatives , and 20 what we showed to you was the proposed amended 21 layout , which is the first set of information , as 22 opposed to the current PUD , and we worked with 23 very , very solid numbers based upon buildings that 24 we had most recently done , and we wanted to show Page 53 1 you the tax base difference between what is 2 currently in place and what we are proposing . And 3 currently at the tax rate of today , which is 4 7 . 0303 , property that is bringing in $41 , 864 in 5 real estate taxes with our proposal will be 6 bringing in $ 234 , 343 . Now , out of that , 148 , 245 7 would be to the schools . If we maintain or you 8 uphold the current PUD , those numbers would be 9 $ 108 , 965 and 68 , 934 of that to the schools . 10 So you can see that just with these 11 few physical changes within that property itself 12 brings greater tax income into the municipality . 13 So to us we feel that ' s a plus because that - - 14 those taxes bring services to the residents and we 15 look at it that way . 16 All of this development will bring 17 no student impact to the schools and there will be 18 approximately - - if you look on the second page , 19 we did a line - by- line comparison . We did an 20 unofficial census over at our Mason Square 21 development . We needed it for another purpose , 22 but we carried over those numbers . Those are 23 actual numbers from the business to show the 24 potential job and employment opportunities for the Page 54 1 entire parcel , and that alone would be 139 new job 2 and employment opportunities . 3 And it ' s something that is important 4 to us because we all know developers have a bad 5 name , we pride ourselves in that our developments 6 have carried no inducements or incentives , and 7 we ' re proud of that . we feel we bring high 8 quality , good development to a community , and it ' s 9 our community . We ' ve raised our sons here and our 10 grandson is being raised here . So I do not in any 11 way profess to be an EPA expert , but I am pleased 12 to present that information to you . 13 If there is any specific question 14 about the information , I am more than happy to 15 answer that for you . And , again , I thank you for 16 the opportunity to present . 17 MAYOR BURR : Thank you . 18 Yes , sir . 19 MR . CLACK : My name is Bob Clack . I own 20 the property just north of the lot line , and I ' ve 21 been there for 44 years , and as Miss Oliver ' s 22 representative said , this has to be factual or 23 emotional . So I don ' t know all the facts , so all 24 1 can deal with is the emotion , and emotionally I Page 55 1 don ' t want to look at a service station 24 hours a 2 day and I don ' t want to see extra accidents caused 3 by the extra traffic on that corner . So 4 emotionally I ' m asking you to leave it the way it 5 is . Thank you . 6 MS . LUCIETTO : I ' m back . Anne Lucietto , 7 Planning Commission Chair , 8 Usually at the end of our - - every 9 time we have a public hearing we do a summary , and 10 so I took notes like I do for our Planning 11 Commission meetings and thought I would try to 12 refocus a little bit . 13 When we had our discussions we got 14 the packets , too . We went through them , looked at 15 them , talked about them , and I ' d like to remind 16 you that the Planning Commission does have two 17 volunteer engineers in the group who have contact 18 with others and so on , and we were looking at it 19 from a very factual basis , as most engineers do . 20 We want to remind you that 24 / 7 is 21 probably the key thing that the Planning 22 Commission was looking at . And if you look at the 23 surrounding properties that have been mentioned' 24 over and over , they ' re not 24 / 7 operations either . Page 56 1 We ' re concerned about the integrity 2 of the PUD . They ' re whispering that to me back 3 there , my Planning Commission members , and please 4 kindly do remember that the drive - thrus and the 5 child care was something that we thought was 6 probably a good idea since some of those things 7 were okay . 8 We listen to emotion like you guys 9 do and we have to make factual decisions , and I 10 didn ' t want to berate that in any way . There 11 might be some consideration of who comes in or 12 whatever , but we always go back to facts and we 13 state it in the end . 14 So we just wanted to let you know 15 that we do that when we make our recommendations 16 to you , and we feel very strongly about this 17 particular recommendation . Thank you . 18 MAYOR BURD : Yes , sir . 19 MR . MATLOCK : Hello , I ' m Gary Matlock . 20 I ' m a resident that lives in Lot 12 , the lot just 21 north of Mr . Clack , the second lot in . I ' ve been 22 there since 191 and been through these meetings 23 previous and do not agree with the proposed gas 24 station . We ' ve weathered Marketplace . We ' ve Page 57 1 weathered the watershed . We ' ve had pressure from 2 the west and the east . We ' ve seen a development 3 on the south . 4 I have worked in Naperville for 27 5 years . Lived in Oswego and moved to Yorkville for 6 the reason of the small town environment . I ' ve 7 seen a development at Yorkville - - at Naperville 8 go from 40 , 000 to 140 , 000 and seen Aurora doubling 9 from 80 to 160 , Oswego double in size , triple in 10 size , and I ' ve seen growth over the last 27 years , 11 and I ' ve moved west , and I ' ve been here since 1960 12 and this address since 1990 . So I do not - - 13 again , emotionally do not agree with the proposed 14 development of a service station on this corner. 15 MAYOR BURD : Thank you . 16 Is there anyone - - yes , sir . 17 MR . HENNE : I just have something to 18 add . 19 MAYOR BURD : This gentleman will speak 20 first . He hasn ' t spoken yet . 21 MR . DANFORTH : My name is Eric Danforth . 22 I live on Hickory Lane in Yorkville , and , you 23 know , my wife and I moved there , oh , I guess it ' s 24 been about six years ago now , and we were from - - Page 58 1 we were not from here . We looked in the area to 2 find a place . Literally we picked Yorkville . We 3 studied it , what was going on , and we did like the 4 looks of it . We also studied your plans and made 5 our decision to move to Yorkville also in part 6 based on your plans . 7 Unfortunately , which we learned from 8 the Kendall Marketplace situation , is you started 9 to pick up a habit in the town here of changing 10 your plans , your promises , and I think what goes 11 way above tax benefits to a community is the 12 people . That ' s your biggest deciding factor of 13 what a community is about . And if you were to 14 change again , it ' s saying you aren ' t true to your 15 word , and just as people , you know , it kind of 16 questions - - makes us question our choice to move 17 here . 18 The other point that I wanted to 19 make is , and I kind of noticed this with the 20 Marketplace , and , again , I ' ve only been here six 21 years , but things seem to keep coming up , and 22 maybe it ' s just that I ' m in my own little world 23 there and I only know those certain things , but it 24 seems like there is always a battle between this Page 59 1 city and this Cannonball Trail area . 2 When we moved there , we moved to 3 Yorkville . We didn ' t say , is this the city or the 4 county . We moved there . We said , Hey , we ' re 5 moving to Yorkville ; okay? We didn ' t know if we 6 were voters or not . This looks like a good spot 7 and we picked that . It turns out we ' re in the 8 county , but it really seems like there is a battle 9 between the city and the county here that isn ' t 10 necessary . 11 These people , you know , who make up 12 the Cannonball Trail Civic League and some of 13 those residents along there have been there for a 14 long time , and maybe they ' re voters and maybe 15 they ' re not from the city , but I hope that we 16 aren ' t making decisions and pushing - - again , 17 maybe I ' m living in my small little world there i8 and I ' m not seeing it , but I hoping we ' re not 19 pushing against these people just because they 20 aren ' t voters , because they are citizens of 21 Yorkville . They contribute , they teach , they buy , 22 they worship , they work with people , they deal 23 with people in Yorkville . It ' s Yorkville . Okay? 24 We didn ' t know it coming in , but Page 60 1 hopefully we can work together and stand by your 2 word and stand by what the PUD said and just know 3 that we know what we ' re looking at that and people 4 on the outside look at that and they want to know 5 Yorkville , are they true to their word ; are you 6 going to move somewhere and they change stuff on 7 you . I appreciate your time . Thank you . 8 MR . HENNE : I ' m glad to hear that - - I ' m 9 Verne Henne . I ' m glad to hear we can do away with 10 the LUS Fund . We don ' t need it anymore . 11 Federal gas tank leaks . Can you 12 explain to me the certification of gas and ethanol 13 in 1994 , Owens - Corning fiberglass tanks and the 14 ramifications of those tanks and what ' s happening 15 to them? 16 MS . OLIVER : I told the - - 17 MR . HENNE : And can you also explain to 18 me the Xerxes tanks and if they ' re certified for 19 ethanol or if they ' re certified for gasoline? 20 Because a lot of tanks are certified for gasoline 21 but they ' re not necessarily certified for ethanol . 22 Now , when we get to talking about 23 the new products that are going to be used , are 24 they certified for the new products that will be Page 61 1 used? And if they are or aren ' t , how will they be 2 certified for the new products they will use ? 3 Because you may come up with MTBE some day or 4 chemicals that they put in these things and maybe 5 they will collapse fiberglass . 6 So my question to you is : If we 7 don ' t have any problems with tanks , then why do we 8 need a LUS Fund? And if we don ' t need that , then 9 maybe we can go over to Iowa and tell those people 10 who have lost most of their property due to it contamination , what are they going to do? So 12 contamination is a really big thing ; really big . 13 It ' s something that you can almost not do away 14 with when it ' s over with . You are stuck with it . 15 I got one . I know all about it . And so 16 consequently it costs hundreds of thousands or 17 millions to clean one up , and you know that 18 because of what ' s gone through the city to clean 19 them up . 20 So I go back to the same thing . We 21 had a PUD . Everybody hung their hat on it . It 22 seems to me that should be good enough . Thank you 23 very much . 24 MAYOR BURR : Is there anyone else who Page 62 1 would like to make a comment ? 2 MR . MILLER : Loren Miller , 28 Hickory 3 Lane , Yorkville . The rest of my neighbors has 4 been up here , so I guess I should be , too . I ' m 5 just adjacent to the property north . I live right 6 behind Mr . Clack . 7 I ' m against this gas station . I ' ve 8 got several reasons . I don ' t care to put up with 9 the increased traffic at the corner . They say - - 10 they shoot all these figures , 2 , 000 people when 11 they built the new shopping center . well , I found 12 out there is less than 50 full - time people working 13 at Menard ' s or work - - excuse me - - working at the 14 Home Depot and Kohl ' s as we speak . They have 15 part - time people . This 3 , 000 people that is going 16 to be working in that area could be someday , but 17 it ' s going to be , in my opinion , quite a few years 18 down the road . 19 And I ' m concerned about my well . 20 I ' ve got a nice well . I ' ve been there since 179 21 and been happy , and we ' ve gone through a great 22 deal of these meetings in the past , and I thought 23 it was over , and apparently not . I just hope that 24 you make the right decision . Page 63 1 MR . MARSHALL : I can ' t resist . I tried 2 to do some research on my Blackberry on the EPA 3 website . 4 ALDERWOMAN SPEARS : Can you repeat your 5 name . 6 MR . MARSHALL : Philip Marshall , 11 7 Amanda Lane , Yorkville . I ' m trying to hack the 8 EPA or read the EPA website . 9 There is installation problems , so 10 there are leakages . They are toughening up the 11 regulations because of other experiences and they 12 still have leakages from pipes cracking with 13 installation and spillage . So that ' s what I ' ve 14 been able to figure out on this . So it ' s not a 15 perfect situation yet . 16 MS . PRICE : Martha Price , 29 Hickory 17 Lane , and I just want to add something that I did 18 not quote from the report before . This was from 19 the testimony before the House of Representatives 20 concerning the MTBE contamination . 21 What I did not say and I realize now 22 I should have , even though this may not be added 23 to gas that ' s sold in Illinois , in this testimony , 24 they still said contamination continues because , Page 64 1 among other things , MTBE has been used in the past 2 as an octane enhancer and is currently transported 3 through the same fuel pipes and trucks that 4 deliver gasoline across the country . So it ' s 5 still a problem even though it may not be sold 6 locally . It still is mixed with gas and still has 7 that in there and still is a great concern to us 8 as to runoff into our groundwater or possibly our 9 wells . Thank you . 10 MAYOR BURD : Does anyone else wish to it make a comment ? 12 AUDIENCE MEMBER : I ' ll make it short . 13 We heard the two principles . Yes , if it can 14 happen , it will . So why do you want to take a big 15 risk of all the things that could happen? 16 I will close by saying that tough 17 marketing and the three basics of real estate is 18 location , location , location . This is not a good 19 location for a gas station . So stay with your 20 PUD , the present one , and the community will 21 respect you for standing up for your rights , 22 because if you open up , you ' re only going to have 23 more problems for other developers , other citizens 24 coming in taking up your valuable time and so 1 11 Page 65 1 forth . So you spent a lot of time on this . They 2 have and we have and so forth . So why don ' t we 3 all get together and say , yes , we do not want that 4 gas station . Stay with the present PUD and 5 everyone would be better off . Thank you . 6 MAYOR BURD : Is there anyone else who 7 would like to make a comment ? No ? 8 Can I entertain a motion to close 9 our public hearing? 10 ALDERWOMAN SPEARS : So moved . 11 ALDERMAN GOLINSKI : Second . 12 MAYOR BURD : All in favor? 13 ( Body of ayes . ) 14 Anyone against ? Our public hearing 15 is . closed . 16 (Which were all the 17 proceedings had at the 18 public hearing portion of 19 the City Council 20 meeting . ) 21 22 23 24 Page 66 1 STATE OF ILLINOIS ) ) SS . 2 COUNTY K A N E ) 3 I , Teresa S . Grandchamp , a 4 Certified Shorthand Reporter , do hereby certify 5 that I reported in shorthand the proceedings had 6 at the hearing of the above - entitled cause and 7 that the foregoing Report of Proceedings is a 8 true , correct , and complete transcript of my 9 shorthand notes so taken at the time and place 10 aforesaid . 11 I further certify that my 12 certificate annexed hereto applies to the original 13 transcript and copies thereof , signed and 14 certified under my hand only . I assume no 15 responsibility for the accuracy of any reproduced 16 copies not made under my control or direction . 17 In testimony whereof , I have 18 hereunto set my hand this 11th day of August , 19 A . D . , 2008 , 20 21 22 Teresa S . Grandchamp , CSR 23 CSR No . 084 - 002853 24 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL F THE UNITED CITY OF YORKVILLE KENDALL COUNTY. ILLIN IS HELD IN THE CITY CHAMBERS. DRAFT 800 GAME FARM ARM COUNCIL ROAD ON TUESDAY, AUGUST 12. 2008, Mayor Bird called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Allen Present Werderich Present Ward II Golinski Present Plocher Present Ward III Morris Present Sutcliff Present Ward IV Besco Present. Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Orr, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Public Relations Officer Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA None. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m, August 19, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., September 2, 2008 - City Hall Conference Room Administration Committee 6:00 p.m, August 14, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., August 21, 2008 City Hall Conference Room PRESENTATIONS Yorkville Reds 14U Baseball Team — BPA World Series Champions Mayor Burd presented members of the Yorkville Reds 14U Baseball team with Certificates of Appreciation for their recent BPA World Series Championship win. Members of the team presented the Mayor with a photo of the winning team. PUBLIC HEARINGS None. CITIZEN COMMENTS Catherine Kanthack, 1402 Chestnut, expressed her concern with safety in the area of the park at John and Sycamore Streets. She noted that parked cars block traffic and people drive too fast in the area. She asked if caution or children playing signs could be installed. Alderman Munns added that now John Street connects to the Rush-Copley campus and he felt a yield sign may be warranted in the area. Chief Martin explained that a traffic study needs to be done in order to determine signage in the area. Director Dhuse indicated he would check into signage around the park. The Minutes of the Regular Meeting of the City Council — Au ust 12, 2008 — page 2 - CONSENTAGENDA I . Police Reports for May 2008 (PS 2008-24) 2. Police Reports for June 2008 (PS 2008-25) 3. Request to Hire Part-time Records Clerk — approve hiring of part-time Records Clerk, as presented (PS 2008-26) 4. Ordinance 2008-69 - Approving a fine schedule for the pre-payment of certain citations pending under Administrative Adjudication — authorize Mayor and City Clerk to execute (PS 2008-29) 5. Request to purchase lightning detectors — approve as presented (PS2008-22) 6. Ordinance 2008-70 - Approving an agreement regarding transfer of Developer's Rights (Raintree Village) — authorize Mayor and City Clerk to execute (EDC 2008-34) 7. Ordinance 2008-71 - Easement Agreement for Lincoln Prairie Temporary Stormwater Management System — authorize Mayor and City Clerk to execute (EDC 2008-35) 8. Ordinance 2008-72 - Approving Autumn Creek Sanitary Sewer Interceptor Improvement Agreement and Autumn Creek Pulte home Corporation Grande Reserve, Water Main Recovery Agreement — authorize Mayor and City Clerk to execute (EDC 2008-21) 9. Resolution 2008-33 - Approving a revised Naming of Parks Policy — authorize Mayor and City Clerk to execute (CC 2008-58) Mayor Bard entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-8 Nays-0 Golinski-aye, Werderich-aye, Plocher-aye, Spears-aye, Mums-aye, Sutcliff--aye, Alderman Allen, Besco-aye PLAN COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Manus to approve the minutes of the City Council meeting of July 8, 2008; seconded by Alderman Plocher. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated August 6, 2008 totaling the following amounts: checks in the amount of$3,460,430.74 (vendors); $281,316.25 (payroll period ending 7/19/08); $18,041.39 (payroll period ending 7/31/08); $283,276.25 (payroll period ending 8/2/08); for a total of$4,043,064.63; seconded by Alderman Werderich. Alderman Spears questioned a bill on page 43 — Yorkville Area Chamber of Commerce — Community Relations/City Guide in the amount of$1000.00. She asked what this covered. Mayor Brad indicated that this is for advertising in the Chamber's guide. Alderman Spears asked if any portion of this went to the mayor's husband, Paul Burd. Mayor Brad indicated that the funds go directly to the Chamber so there is no conflict of interest. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Allen-aye REPORTS MAYOR'S REPORT ComEd Easement Lease Agreement for Grande Reserve Park B (CC 2008-59) Mayor Bard asked Director Mogle to update the City Council regarding this issue. Director Mogle explained that this park is in the Grande Reserve subdivision just north of the railroad tracks. It is an unusual shape that will lend itself to disc golf. The park is situated differently than the Fox Hill Park which has a disc golf course as the closest home is 300' away. The property adjacent to the park is ComEd's and they have been asked by the city if they would lease the property in order to use it as additional park space. The recreational lease proposed by ComEd is for ten years with a $1,500.00 onetime fee and the city will maintain the grass. ComEd will not allow anything over 14', kites, Minutes of the Reeular Meeting of the City Council — August 12, 2008 — aaee 3 motorized vehicles or the grade of the property to be changed. Indemnification and liability issues still need to be worked out however the Park Board recommends approval. Alderman Spears asked where the $1,500.00 was coming from. Director Mogle explained that this is a developer build park so the developer will be asked to front the money. She asked if the discs could hit the power lines and Director Mogle explained that the lines we 40' above the ground and he also noted that ComEd allows this usage of the property. Alderman Spears questioned page 11 of the agreement regarding insurance and workmen's compensation. Director Mogle stated that the course will be constructed by contractors who will carry insurance. The property will only be maintained by Park employees. Alderman Spears also questioned page 18 of the agreement regarding signage. Director Mogle stated that the hole signs are allowable•, ComEd does not want billboards on the property. Alderman Spears suggested clarifying the wording about the insurance and signage in the agreement. Mayor Bard entertained a motion to approve the lease agreement with ComEd as presented and authorize the Mayor to execute subject to clarification of signage and funding by developer, So moved by Alderman Allen; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-0 _ Golinski-aye, Besco-aye, Allen-aye, Sutcliff-aye, Mums-aye, Spears-aye, Plocher-aye, Werderich-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMDVISTATOWS REPORT No report. FINANCE DIRECTOR'S REPORT Director Mika distributed a budget report to the City Council. Mayor Burd noted that Director Miller has received awards for her budget reports and congratulated her on a job well done. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the painting contractor will begin painting the water tower on Tower Lane '.. this week and should be done by September. CHIEF OF POLICE'S REPORT Chief Martin reported on the following: • The Police Department was presented with a new AED on Friday, August 8, 2008. • Sergeant Klingel has graduated from Northwestern University's Command School. The course cost $3,000.00 however due to receiving a grant; the Police Department only had to pay $1,000.00. Only two sergeants still need to attend school. • Basset training for liquor license holders was held on July 29, 2008 and nineteen license holders attended. • On July 31, 2008 a Neighborhood Watch Captains meetings was held. There were forty attendees who listened to a presentation by Lynn Dubajic from the YEDC regarding the city's '.. retail development. '.. • The next Citizen's Police Academy will begin this fall. The Police Department is seeking interested individuals and eight have already applied. • The 3rd Annual Senior Police Academy will be held on October 29, 2008. This is a well received event with participation by Rush-Copley and the Kendall County Triad. DMECTOR OF PARKS & RECREATION'S REPORT Director Mogle reported on the following: o There was a successful community park build at Cobb Park with fifty to sixty volunteer workers helping. The park has been received well in the community with the city receiving letters of thanks for it. The Minutes of the Regular Meeting of the City Council — August 12, 2008 — pave 4 • The unnamed Autumn Creek Park was dedicated with an open house, ribbon cutting and a movie in the park. The event went over well. • Flyers for the golden Spike Point bike trail dedication were on the City Council's desk. The event celebrating the joining of the Yorkville and Oswego bike paths will be held on August 24, 2008. Everyone was invited to attend the dedication. COMMUNITY DEVELOPMENT DIRECTOR REPORT '.. No report. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported on the following: - • The "Rolling Down the River" event will be held on Saturday, August 16, 2008. • The "Float Your Boat" event will be held August 23, 2008 and the city is participating in the cardboard boat contest. • There will be a bike decoration contest being held at the Golden Spike event along with bike safety inspections, bike club representatives, etc. • Hometown Days volunteers are needed; a sign-up sheet is going around. COMMUNITY & LIAISON REPORT Cable Consortium Alderman Golinski reported that he attended the Cable Consortium meeting and the city will be receiving another rebate check for about $40,000.00 in a few weeks. He also stated that the sign indicating the date of the City Council meeting was tacky. National Night Out Alderman Morris attended the National night Out activities where members of the Citizens Police Academy Alumni recommended better publicity in the future in order to get a bigger tum-out. He asked that the Community Relations Officer work to get the work out. '.. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Petition for Private Well within City Limits (PW 2008-79) A motion was made by Alderman Besco to approve a petition for a private well within city limits; seconded by Alderman Spears. Pete Weller with Engineering Enterprises, Inc. addressed the City Council and explained that in his experience communities typically do not allow wells of this nature. Water is being provided by a watermain which allows for a clean water supply as well as fire hydrant supply. He explained that wells of this nature can interfere with other wells especially in matters of well contamination. It is also not cost effective for an individual to have a private well for frI igation purposes. He also asked the City Council to consider issues of water conservation Alderman Allen asked if he knew if other states required private wells to be metered and Mr. Weller stated be was not aware of this. Alderman Besco noted that the Public Works Committee struggled with this request from a resident of Heartland Circle. He stated that there are a few private wells within city limits however there is no city policy to address this issue. Alderman Sutcliff asked where the proposed well was in relation to the city's well. Mr. Weller explained that this would be a shallow well so it would not access the aquifer that the city uses. Alderman Sutcliff suggested conditions or restrictions could be placed on the homeowner and was concerned with future owners of the property. Director Dhuse commented that residents living on Turns Road may use the same aquifer as this proposed well. Alderman Besco noted that Mr. Weller recently presented a water study to the City Council. He asked if this well would be in conflict with the study's findings. Mr. Weller explained that the study covered the western area of the city and Director Dhuse indicated that this well is not new the wells indicated in the study. The Minutes of the Regular Meeting of the City Council — August 12 2008 — ma e 5 Alderman Allen commented that he was uncomfortable with the fact that the city does not have restrictions on private wells. He did not support the approval of the petition. He suggested that the matter be tabled. Attorney Orr stated that the matter could be tabled with the condition that the landowner files a covenant of restriction that will remain with the property. Alderman Werderich agreed with Alderman Besco; a policy to address this should be developed. He stated he was against the petition. Alderman Plocher indicated he did not have a problem with allowing the well with restrictions. Mayor Burd thought allowing the well was a good idea until she investigated the matter further. Any withdraw of water depletes the replenishment of streams, creeks and rivers. The city is trying to encourage less irrigation of landscapes and approval of this is sending the wrong message. She indicated she was against the petition and supported a policy address this. She felt that the city should send a message that it does not encourage private wells within city limits. Alderman Spears indicated that she did not support a private well. A motion was made by Alderman Allen to table the approval of the petition and to send the matter back to the Public Works Committee; seconded by Alderman Besco. Motion to table defeated by a roll call vote. Ayes-4 Nays-5 Muans-aye, Spears-aye, Plocher-aye, Werderich-nay, Golinski-nay, Besco-nay, Sutcliff-nay, Allen-aye, Burd-nay Alderman Munns clarified that the reason for the well was irrigation and Alderman Besco started it was. Alderman Plocher stated that if the resident wanted to spend the money to drill a well he should be allowed to without restrictions. He stated that with a 200' well on a resident's property the water will eventually end up back in the land. Alderman Sutcliff indicated that the resident was going to waste water regardless. She did not feet allowing the well would set a precedent because it is very costly to drill a well. Alderman Werderich noted that if the city allows one person to install a private well, a precedent is set. Alderman Allen noted that he was approached by a member of the Green Committee who did not support the well and be stated he did not support it either. Motion defeated by a roll call vote. Ayes-2 Nays-6 Besco-nay, Allen-nay, Sutcliff-aye, Munns-nay, Spears-nay, Plocher-aye, Werderich-nay, Golinski-nay ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008-73 Approving the Redevelopment Agreement for the Countryside Center (EDC 2008-24) A motion was made by Alderman Golinski to approve an ordinance approving the Redevelopment Agreement for the Countryside Center, as presented, and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Munns. Alderman Werderich commented that he supported the agreement 100% but he noted that everyone will be looking at the project and he hoped it was done well. Alderman Munns asked if the 50% tax rebate was forever and Alderman Golinski stated that the dollar amount is limited. Attorney On clarified that the amount is limited to $11 million. She explained that this was a better way to go instead of a flat rate method. Alderman Spears noted that according to the first redevelopment agreement for this area, the city was responsible for 500,000.00 for demolition. Attorney On explained the TIF bond issue and the funds set aside to pay all debt service. She stated that there is no more increase in liability for the city and that the city's bond rating is not affected. Mayor Burd stated that she spoke with the developer who understands that they are being held to a high standard for developing the comer. The Minutes of the Regular Meeting of the City Council — August 12 2008 — page 6 Alderman Besco commented that he was in favor of the development; this is a vital comer and the development needs to be spectacular. Alderman Allen questioned the covenants and thirty days in which the developer has to submit the concept plan. Richard Dube, President of Tri Land Properties showed the City Council the concept plan. He explained that they have decided on retail use with a food component rather than a mixed use. He noted that smaller upscale retailers are interested in the development. Alderman Spears complemented the developer on their wonderful job working with the city. She asked if high end businesses don't come would the developer consider their first plan. Mr. Dube stated that a mix wouldn't work. Alderman Sutcliff commented that expectations are high. She questioned if there would be more vertical buildings with second stories. Mr. Dube explained that two story buildings are not in the budget as they would require underground parking. He stated that he buildings are designed to be taller but will not have a second story. Alderman Golinski stated he supported the project. He stated that everyone worked on a solid agreement and this should set the standard for future developments. Alderman Spears questioned the installation of the traffic signal. Attorney Orr stated that the city is responsible for $550,000.00 or a50% of the signalization. The funds will come out of the bond proceeds. Motion approved by a roll call vote. Ayes-8 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS National Night Out and Recycling Fair Alderman Werderich reported that he attended the National Night Out and that the event was very well done. He also stated he and his family participated in the electronic recycling fair. He thanked the Police Department, Citizens Police Academy Alumni and everyone who helped with the events. Posting Agendas Alderman Spears questioned the memo regarding the posting of agendas. She suggested a display case outside city hall. Administrator McLaughlin stated he would investigate the cost. He noted that the '.. agendas do not have to be posted on a window or outside as they are posted inside and on the city's website. Car Fire Alderman Mums inquired about the circumstances surrounding a car fire on John Street. Chief Martin stated that the Bristol-Kendall Fire District is investigating the matter. Sergeant Hart added that there were no obvious signs of arson. Director Dhuse indicated that he is getting an estimate to repair the damage to the grass. Signs for Yorkville Reds Alderman Mums asked the mayor to authorize the purchase of signs to indicate the Yorkville Reds championship win. Rolling of the River and Dutch Oven Cook-off Mayor Bud noted that in addition to the Rolling on the River event there would be a Dutch Oven Cook- '.. off this weekend at the Harris Forest Preserve and that she would be judging the event at 3:30 p.m. Mrs. Spies noted that Meadowvale will be handing out ice cream at the river event. Countryside Redevelopment Plan Alderman Sutcliff asked Mrs. Spies if it would be possible to put the drawings of Countryside Center on the city's website for the public to view. EXECUTIVE SESSION Mayor Bard entertained a motion to go into executive session for the purpose of o For the purchase or lease of real property for the use of the public body o 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 The Minutes of the Regular Meeting of the City Council — August 12 2008 — Dame 7 testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. • Approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06. • 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. (not noted on the agenda) Mayor Burd noted that no action would be taken after the sessions and she asked that the City Administrator, Finance Director and City Attorney be included. So moved by Alderman Allen; seconded by Alderman Munn. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye Golinski-aye, Allen-aye, Mums-aye, Plocher-aye The Council took a ten minute break and entered into executive session at 8:50 p.m. The Council returned to regular session at 10: 15 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderman - Plocher. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10:16 P.M. Minutes submitted by: '.. Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois DATE : 08 / 21/ 08 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 09 : 14 : 12 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . It DUE DATE ITEM AMT AACVB AURORA AREA CONVENTION 073108 -ALL 08 / 19 / 08 01 FINANCE-JULY ALL SEASONS TAX 01 - 120 - 65 - 00 - 5844 08 /26 / 08 63 . 75 MARKETING - HOTEL TAX INVOICE TOTAL : 63 . 75 073108 - SUPER 08 / 14/ 08 01 FINANCE -JULY SUPER 8 TAX 01 - 120 - 65 - 00 - 5844 08 /26 / 08 11727 . 34 MARKETING - HOTEL TAX INVOICE TOTAL : 1 , 727 . 34 VENDOR TOTAL : 1 , 791 . 09 ACCURINT ACCURINT - ACCOUNT #1249304 1249304 - 20080731 07 / 31/ 08 01 POLICE - SEARCHES 01 - 210 - 65 - 00 - 5804 08 /26 / 08 140 . 30 OPERATING SUPPLIES INVOICE TOTAL : 140 . 30 VENDOR TOTAL : 140 . 30 ACTION ACTION GRAPHIX LTD 08 - 2265 06/ 17 / 08 01 COMM/RELATIONS - 2 PARADE 01 - 130 - 78 - 00 - 9010 08 /26 / 08 117 . 63 COMMUNITY EVENTS 02 BANNERS * * COMMENT * * INVOICE TOTAL : 117 . 63 VENDOR TOTAL : 117 . 63 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6326194 07 /29 / 08 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 08 /26 / 08 22 . 64 WEARING APPAREL 02 WATER OP- UNIFORMS 51 - 000 - 62 - 00 - 5421 22 . 63 WEARING APPAREL 03 SEWER OP-UNIFORMS 52 - 000 - 62 - 00 - 5421 22 . 63 WEARING APPAREL INVOICE TOTAL : 67 . 90 610 - 6331970 08 / 05 / 08 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 08 /26 / 08 22 . 10 WEARING APPAREL C P1 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 09 : 14 : 12 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ARAMARK ARAMARK UNIFORM SERVICES 610 - 6331970 08 / 05/ 08 02 WATER OP -UNIFORMS 51 - 000 - 62 - 00 - 5421 08 /26 / 08 22 . 10 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 22 . 10 WEARING APPAREL INVOICE TOTAL : 66 . 30 VENDOR TOTAL : 134 . 20 ATLAS ATLAS BOBCAT Q01300 07/29 / 08 01 PW CAPITAL- SKID STEER LOADER 21 - 000 - 75 - 00 - 7015 00204193 08 /26 / 08 31600 . 00 SKIDSTEER UPGRADE 02 ANNUAL TRADE IN * * COMMENT * * INVOICE TOTAL : 3 , 600 . 00 VENDOR TOTAL : 3 , 600 . 00 ATT AT&T 6305529222 - 0708 07/25/ 08 01 SEWER OP - FOX HILL LIFT STATION 52 - 000 - 62 - 00 - 5435 08/26 / 08 27 . 18 ELECTRICITY INVOICE TOTAL : 27 . 18 6305531141 - 0708 07/25/ 08 01 POLICE - FAX 01 - 210 - 62 - 00 - 5436 08 /26 /08 175 . 30 TELEPHONE INVOICE TOTAL : 175 . 30 6305536522 - 0708 07 /25 / 08 01 WATER OP -LIFT STATION 51 - 000 - 62 - 00 - 5436 08 /26/ 08 29 . 01 TELEPHONE INVOICE TOTAL : 29 . 01 6305537575 - 0708 07 / 25 / 08 01 ADMIN- CITY HALL FAX 01 - 110 - 62 - 00 - 5436 08 /26 / 08 41 . 90 TELEPHONE INVOICE TOTAL : 41 . 90 VENDOR TOTAL : 273 . 39 ATTLONG AT&T LONG DISTANCE P2 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 09 : 14 : 13 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ATTLONG AT&T LONG DISTANCE 828932136 - 0808CITY 08 / 18 / 08 01 ADMIN- MONTHLY CHARGES 01 - 110 - 62 - 00 - 5436 08 /26 / 08 5 . 68 TELEPHONE 02 POLICE - MONTHLY CHARGES 01 - 210 - 62 - 00 - 5436 150 . 69 TELEPHONE 03 WATER OP-MONTHLY CHARGES 51 - 000 - 62 - 00 - 5436 25 . 33 TELEPHONE INVOICE TOTAL : 181 . 70 VENDOR TOTAL : 181 . 70 AURBLA AURORA BLACKTOP 081208 08 / 12 / 08 01 CW CAPITAL -MCHUGH ROAD 23 - 000 - 75 - 00 - 7102 08 /26 / 08 160 , 926 . 08 MCHUGH ROAD 02 IMPROVEMENTS PAYOUT # 1 * * COMMENT * * INVOICE TOTAL : 160 , 926 . 08 081208A 08 / 12 / 08 01 CW CAPITAL - PALMER COURT 23 - 000 - 75 - 00 - 7115 08 /26 / 08 67 , 298 . 82 PALMER COURT 02 ROADWAY IMPROVEMENTS PAYOUT #1 * * COMMENT * * INVOICE TOTAL : 67 , 298 . 82 VENDOR TOTAL : 228 , 224 . 90 BENNETTG BENNETT , GARY L . 080108 08 / 01 / 08 01 HEALTH & SANITATION-YEARLY 01 - 540 - 62 - 00 - 5443 00204189 08126 / 08 1 , 200 . 00 LEAF PICKUP 02 LEAF & BRUSH PICK -UP * * COMMENT * * INVOICE TOTAL : 11200 . 00 VENDOR TOTAL : 1 , 200 . 00 BERKELG VERONICA & GERALD BERKELAND 080908 08 / 14 / 08 01 ADMIN- BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 08 / 26 / 08 50 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 P3 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 09 : 14 : 13 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BKFD BRISTOL KENDALL FIRE DEPART . 073008 -DEV 08 / 06 / 08 01 TRUST/AGENCY- DEVELOPMENT FEES 95 - 000 - 78 - 00 - 9010 08 /26/ 08 34 , 150 . 00 BKFD DEV FEE PAYMENTS 02 MAY - JULY * * COMMENT * * INVOICE TOTAL : 34 , 150 . 00 VENDOR TOTAL : 34 , 150 . 00 BOBSSEPT BOB ' S SEPTIC , LLC 836 08 / 01/ 08 01 ARO- SUCKED TANKS , LINE & 01 - 000 - 13 - 00 - 1372 08 / 26 / 08 350 . 00 A/R- OTHER 02 STREET FOR REPAIR * * COMMENT * * INVOICE TOTAL : 350 . 00 VENDOR TOTAL : 350 . 00 BPAMOCO BP AMOCO OIL COMPANY 13865948 08 / 06 / 08 01 POLICE -GASOLINE 01 - 210 - 65 - 00 - 5812 08 /26 / 08 9 . 95 GASOLINE INVOICE TOTAL : 9 . 95 13865992 08 / 06 / 08 01 STREETS -GASOLINE 01 - 410 - 65 - 00 - 5812 00204192 08 /26 / 08 830 . 80 GASOLINE 02 WATER OP-GASOLINE 51 - 000 - 65 - 00 - 5812 830 . 80 GASOLINE 03 SEWER OP-GASOLINE 52 - 000 - 65 - 00 - 5812 830 . 79 GASOLINE INVOICE TOTAL : 2 , 492 . 39 VENDOR TOTAL : 21502 . 34 CARGILL CARGILL , INC 2275435 07 /29 / 08 01 WATER OP-BULK SALT 51 - 000 - 62 - 00 - 5407 00203975 08 /26 / 08 2 , 281 . 25 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 281 . 25 P4 DATE : 08 /21/ 08 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 09 : 14 : 13 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CARGILL CARGILL , INC 2280100 08 / 05 / 08 01 WATER OP-BULK SALT 51 - 000 - 62 - 00 - 5407 00203978 08 / 26 / 08 2 , 283 . 80 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 283 . 80 2280612 08106108 01 WATER OP-BULK SALT 51 - 000 - 62 - 00 - 5407 00203978 08 / 26/ 08 2 , 326 . 51 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 326 . 51 2280814 08 / 06/ 08 01 WATER OP -BULK SALT 51 - 000 - 62 - 00 - 5407 00203978 08 /26 / 08 2 , 237 . 53 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 237 . 53 VENDOR TOTAL : 91129 . 09 CDSOFF CDS OFFICE TECHNOLOGIES 0396780 08 / 07 / 08 01 POLICE -NOTEBOOK BATTERY 01 - 210 - 62 - 00 - 5408 08 /26 / 08 165 . 00 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 165 . 00 VENDOR TOTAL : 165 . 00 CDWG CDW GOVERNMENT INC . LGV5386 08 / 04 / 08 01 FINANCE- EXCHANGE SERVER 01 - 120 - 75 - 00 - 7002 08 /26 / 08 368 . 79 COMPUTER EQUIP & SOFTWARE 02 TAPES * * COMMENT * * INVOICE TOTAL : 368 . 79 VENDOR TOTAL : 368 . 79 CENTRALL CENTRAL LIMESTONE COMPANY , INC 8902 07 /31/ 08 01 WATER OP-GRAVEL 51 - 000 - 65 - 00 - 5817 08 /26 / 08 293 . 21 GRAVEL INVOICE TOTAL : 293 . 21 VENDOR TOTAL : 293 . 21 P5 DATE : 08 /21/ 08 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 09 : 14 : 14 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT COMDIR COMMUNICATIONS DIRECT INC SR84018 08 / 04 / 08 01 POLICE -REPLACED BULB , 01 - 210 - 62 - 00 - 5409 08 / 26/ 08 64 . 75 MAINTENANCE - VEHICLES 02 INSTALLED NEW ANTENNA WHIP * * COMMENT * * INVOICE TOTAL : 64 . 75 SRS4153 08/ 04 / 08 01 POLICE-REMOVAL OF SQUAD 01 - 210 - 62 - 00 - 5409 08 /26/ 08 250 . 00 MAINTENANCE - VEHICLES 02 EQUIPMENT * * COMMENT * * INVOICE TOTAL : 250 . 00 SRS4171 08 / 04 / 08 01 PD CAPITAL-ANTENNA, FUSES , 20 - 000 - 75 - 00 - 7006 00304376 08 /26/ 08 1 , 495 . 00 CAR BUILD OUT 02 CABLE , AND RELAY INSTALLATION * * COMMENT * * INVOICE TOTAL : 1 , 495 . 00 SRS4178 08 / 04 / 08 01 POLICE-CORD REPLACEMENT 01 - 210 - 62 - 00 - 5408 08 /26/ 08 70 . 45 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 70 . 45 VENDOR TOTAL : 1 , 880 . 20 COMED COMMONWEALTH EDISON 0185079109 - 0808 08 /01/ 08 01 WATER OP - LIFT STATION 51 - 000 - 62 - 00 - 5435 08 /26 / 08 118 . 60 ELECTRICITY INVOICE TOTAL : 118 . 60 0435113116 - 0808 07/31/ 08 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 08 /26/ 08 53 . 25 ELECTRICITY INVOICE TOTAL : 53 . 25 0908014004 - 0808 07 / 31/ 08 01 WATER OP- 6780 ROUTE 47 51 - 000 - 62 - 00 - 5435 08 / 26 / 08 25 . 75 ELECTRICITY INVOICE TOTAL : 25 . 75 0966038077 - 0808 07/31/ 08 01 STREETS- 456 KENNEDY RD 01 - 410 - 62 - 00 - 5435 08 / 26/ 08 30 . 82 ELECTRICITY INVOICE TOTAL : 30 . 82 P6 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 09 : 14 : 14 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CONED COMMONWEALTH EDISON 1407125045 - 0808 08 / 04 / 08 01 SEWER OP- FOXHILL 7 LIFT 52 - 000 - 62 - 00 - 5435 08 /26 / 08 71 . 72 ELECTRICITY INVOICE TOTAL : 71 . 72 2019099044 - 0808 08 / 06 /08 01 WATER OP- CITY WELLS 51 - 000 - 62 - 00 - 5435 08 /26/ 08 53 . 89 ELECTRICITY INVOICE TOTAL : 53 . 89 2668047007 - 0808 07 / 30 / 08 01 SEWER OP- 1908 RAINTREE RD 52 - 000 - 62 - 00 - 5435 08 / 26 / 08 142 . 23 ELECTRICITY INVOICE TOTAL : 142 . 23 4085080033 - 0808 07 / 31/ 08 01 WATER OP - 1991 CANNONBALL TRAIL 51 - 000 - 62 - 00 - 5435 08 /26 / 08 130 . 99 ELECTRICITY INVOICE TOTAL : 130 . 99 4449087016 - 0808 08 / 12/ 08 01 SEWER OP-LIFT STATIONS 52 - 000 - 62 - 00 - 5435 08 /26/ 08 710 . 98 ELECTRICITY INVOICE TOTAL : 710 . 98 4475093053 - 0708 08 / 01/ 08 01 WATER OP- 610 TOWER LANE 51 - 000 - 62 - 00 - 5435 08 /26 / 08 83 . 53 ELECTRICITY INVOICE TOTAL : 83 . 53 4637141036 - 0708 07 / 31/ 08 01 WATER OP- 2921 BRISTOL RIDGE RD 51 - 000 - 62 - 00 - 5435 08 /26 / 08 1 , 576 . 80 ELECTRICITY INVOICE TOTAL : 1 , 576 . 80 5031044028 - 0708 07 / 31/ 08 01 WATER OP-WELL #7 51 - 000 - 62 - 00 - 5435 08 /26 / 08 2 , 351 . 46 ELECTRICITY INVOICE TOTAL : 2 , 351 . 46 6819027011 - 0808 08 / 05 / 08 01 STREETS -PR BUILDINGS 01 - 410 - 62 - 00 - 5435 08 / 26 / 08 1 , 116 . 10 ELECTRICITY INVOICE TOTAL : 1 , 116 . 10 VENDOR TOTAL : 6 , 466 . 12 P7 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 09 : 14 : 14 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT COMEDNBD CONED NEW BUSINESS DEPT . 070308 07 / 03 / 08 01 ARO -RELOCATE POLE AT 119 01 - 000 - 13 - 00 - 1372 08 /26 / 08 3 , 537 . 01 A/R- OTHER 02 HYDRAULIC DUE TO SANITARY * * COMMENT * * 03 LINE COLLAPSING * * COMMENT * * INVOICE TOTAL : 3 , 537 . 01 VENDOR TOTAL : 3 , 537 . 01 CRESKLAK CRESTLAKE HOLDINGS 081208 08 / 12 / 08 01 ADMIN- CENSUS OFFICE LEASE 01 - 110 - 62 - 00 - 5403 08 /26/ 08 1 . 00 SPECIAL CENSUS INVOICE TOTAL : 1 . 00 VENDOR TOTAL : 1 . 00 DEPO DEPO COURT REPORTING SVC , INC 13581 08 / 04 / 08 01 ARO - CROSS EVANGELICAL CHURCH , 01 - 000 - 13 - 00 - 1372 08 / 26/ 08 585 . 05 A/R- OTHER 02 HEM PROPERTIES * * COMMENT * * INVOICE TOTAL : 585 . 05 VENDOR TOTAL : 585 . 05 DEUCHLER WALTER E . DEUCHLER ASSOCIATES 21932 07/ 31/ 08 01 ARO-SOUTHWEST INTERCEPTOR 01 - 000 - 13 - 00 - 1372 08 /26/ 08 312 . 32 A/R- OTHER INVOICE TOTAL : 312 . 32 VENDOR TOTAL : 312 . 32 DODD L . J . DODD CONSTRUCTION INC 4670 07/ 09/ 08 01 LAND CASH- PRAIRIE MEADOWS PARK 72 - 000 - 75 - 00 - 7328 00404074 08 / 26/ 08 89 , 924 . 44 PRAIRIE MEADOWS (MENARDS R INVOICE TOTAL : 89 , 924 . 44 VENDOR TOTAL : 89 , 924 . 44 P8 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 09 : 14 : 15 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT DRILLERS DRILLERS SERVICE , INC . 4132298 - 00 07 /24/ 08 01 STREETS - PVC PIPES & COUPLING 01 - 410 - 62 - 00 - 5420 08 /26 / 08 98 . 54 MAINTENANCE - STORM SEWER INVOICE TOTAL : 98 . 54 VENDOR TOTAL : 98 . 54 EROTEX ERO-TEX INV49651 07 / 03 / 08 01 LAND CASH- STRAW , STAPLES 72 - 000 - 75 - 00 - 7328 00404080 08 / 26 / 08 2 , 176 . 28 PRAIRIE MEADOWS ( MENARDS R INVOICE TOTAL : 2 , 176 . 28 VENDOR TOTAL : 2 , 176 . 28 EXELON EXELON ENERGY 1465756 07 / 02 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 08/26 / 08 5 , 615 . 34 ELECTRICITY INVOICE TOTAL : 5 , 615 . 34 1472922 08 / 06/ 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 08 /26 / 08 6 , 767 . 79 ELECTRICITY INVOICE TOTAL : 61767 . 79 VENDOR TOTAL : 12 , 383 . 13 FARREN FARREN HEATING & COOLING 6107 07/30/ 08 01 STREETS - COUNCIL CHAMBERS AIR 01 - 410 - 62 - 00 - 5416 00102173 08 /26/ 08 5 , 513 . 81 MAINTENANCE PROPERTY 02 CONDITIONER REPAIR * * COMMENT * * INVOICE TOTAL : 51513 . 81 6108 07/28/ 08 01 STREETS -RESET BREAKER, CHANGED 01 - 410 - 62 - 00 - 5416 08 /26/ 08 142 . 50 MAINTENANCE PROPERTY 02 FILTER , REPAIRED WIRING * * COMMENT * * INVOICE TOTAL : 142 . 50 P9 DATE : 08 /21/ 08 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 09 : 14 : 15 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT FARREN FARREN HEATING & COOLING 6109 07 / 10 / 08 01 WATER OP - REPAIR AC IN WATER 51 - 000 - 62 - 00 - 5407 08 /26 / 08 345 . 00 TREATMENT FACILITIES O&M 02 TOWER AT RAINTREE * * COMMENT * * INVOICE TOTAL : 345 . 00 VENDOR TOTAL : 61001 . 31 FISCHERJ JENNIFER WOODRICK 081108 08 / 11/ 08 01 ADMIN-TUITION REIMBURSEMENT 01 - 110 - 64 - 00 - 5610 08 / 26 / 08 1 , 559 . 00 TUITION REIMBURSEMENT INVOICE TOTAL : 1 , 559 . 00 VENDOR TOTAL : 1 , 559 . 00 FULTON FULTON TECHNOLOGIES U- 20080085 08/ 04 / 08 01 POLICE- 2008 MAINTENANCE 01 - 210 - 62 - 00 - 5414 00304279 08 / 26/ 08 2 , 593 . 82 WEATHER WARNING SIREN MAIN 02 CONTRACT , LABOR , BATTERY * * COMMENT * * INVOICE TOTAL : 2 , 593 . 82 VENDOR TOTAL : 21593 . 82 FVFS FOX VALLEY FIRE & SAFETY 456069 07 / 31/ 08 01 STREETS -BEECHER ANNUAL 01 - 410 - 62 - 00 - 5416 06 / 26/ 08 340 . 00 MAINTENANCE PROPERTY 02 SPRINKLER INSPECTION * * COMMENT * * INVOICE TOTAL : 340 . 00 VENDOR TOTAL : 340 . 00 GARDKOCH GARDINER KOCH & WEISBERG 61131 07 / 11/ 08 01 ADMIN-HUSS LEGAL MATTERS 01 - 110 - 61 - 00 - 5300 08 /26 / 08 708 . 33 LEGAL SERVICES INVOICE TOTAL : 708 . 33 P10 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 09 : 14 : 15 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GARDKOCH GARDINER KOCH & WEISBERG 61132 07 / 11/ 08 01 ADMIN- IEPA LEGAL MATTERS 01 - 110 - 61 - 00 - 5300 08 / 26 / 08 8 , 329 . 93 LEGAL SERVICES INVOICE TOTAL : 8 , 329 . 93 61133 07 / 11/ 08 01 ADMIN- CORN HOLINGS LEGAL 01 - 110 - 61 - 00 - 5300 08 / 26 / 08 238 . 34 LEGAL SERVICES 02 MATTERS * * COMMENT * * INVOICE TOTAL : 238 . 34 61134 07 / 11 / 08 01 AR- LANDFILL LEGAL MATTERS 01 - 000 - 13 - 00 - 1375 08 /26/ 08 2 , 215 . 09 A/R- LANDFILL INVOICE TOTAL : 2 , 215 . 09 61135 07/ 11/ 08 01 ADMIN-DISCONNECTION MATTERS 01 - 110 - 61 - 00 - 5300 08 /26 / 08 140 . 00 LEGAL SERVICES INVOICE TOTAL : 140 . 00 61137 07 / 11/ 08 01 ADMIN-OCEAN ATLANTIC MATTERS 01 - 110 - 61 - 00 - 5300 08 /26 / 08 493 . 34 LEGAL SERVICES INVOICE TOTAL : 493 . 34 61270 07 / 11/ 08 01 ADMIN-LAY- COM LEGAL MATTERS 01 - 110 - 61 - 00 - 5300 08 /26/ 08 5 , 473 . 00 LEGAL SERVICES INVOICE TOTAL : 5 , 473 . 00 VENDOR TOTAL : 17 , 598 . 03 GRAINCO GRAINCO FS . , INC . 073108 08 / 14 / 08 01 STREETS -TIRES 01 - 410 - 62 - 00 - 5409 00204190 08 /26/ 08 567 . 37 MAINTENANCE -VEHICLES 02 STREETS -FUEL 01 - 410 - 65 - 00 - 5812 83 . 85 GASOLINE 03 WATER OP- FUEL 51 - 000 - 65 - 00 - 5812 83 . 85 GASOLINE P11 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 09 : 14 : 16 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GRAINCO GRAINCO FS . , INC . 073108 08 / 14 / 08 04 SEWER OP - FUEL 52 - 000 - 65 - 00 - 5812 00204190 08 /26 / 08 83 . 85 GASOLINE 05 STREETS -LP GAS 01 - 410 - 65 - 00 - 5804 15 . 01 OPERATING SUPPLIES INVOICE TOTAL : 833 . 93 82935 08 / 13 / 08 01 ENG-TRUCK REPAIR 01 - 150 - 62 - 00 - 5409 08 /26 / 08 23 . 50 MAINTENANCE -VEHICLES INVOICE TOTAL : 23 . 50 VENDOR TOTAL : 857 . 43 GREATAME GREATAMERICA LEASING CORP . 7708520 08 / 07 / 08 01 FINANCE - 7 COPIERS 01 - 120 - 62 - 00 - 5412 08 /26 / 08 1 , 964 . 69 MAITENANCE - PHOTOCOPIERS 02 WATER OP - 1 COPIER 51 - 000 - 65 - 00 - 5809 140 . 00 PRINTING & COPYING INVOICE TOTAL : 2 , 104 . 69 VENDOR TOTAL : 21104 . 69 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 7491442 07/ 30/ 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203976 08 /26/ 08 1 , 215 . 00 METERS & PARTS INVOICE TOTAL : 1 , 215 . 00 7532135 07 / 30 / 08 01 WATER OP-HYDRANT OIL 51 - 000 - 65 - 00 - 5804 08 / 26/ 08 66 . 48 OPERATING SUPPLIES INVOICE TOTAL : 66 . 48 7684622 08 / 06/ 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203977 08 /26 / 08 1 , 956 . 18 METERS & PARTS INVOICE TOTAL : 1 , 956 . 18 7684633 08 / 06 / 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203977 08 /26/ 08 1 , 604 . 50 METERS & PARTS INVOICE TOTAL : 1 , 604 . 50 P12 DATE : 08 / 21/ 08 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 09 : 14 : 16 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - O - # DUE DATE ITEM AMT HDSUPPLY HD SUPPLY WATERWORKS , LTD . 7684666 08 / 05 / 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203977 08 /26 / 08 365 . 40 METERS & PARTS INVOICE TOTAL : 365 . 40 VENDOR TOTAL : 5 , 207 . 56 HILTL HILT , LARRY 081308 08 / 13 / 08 01 POLICE - CARRYING CASES FOR 01 - 210 - 65 - 00 - 5804 08 / 26 / 08 64 . 33 OPERATING SUPPLIES 02 GPS UNITS * * COMMENT * * INVOICE TOTAL : 64 . 33 VENDOR TOTAL : 64 . 33 HOMEDEPO HOME DEPOT 8110614 07 / 01 / 08 01 STREETS - PROPANE 01 - 410 - 65 - 00 - 5804 08 / 26 / 08 2 . 95 OPERATING SUPPLIES INVOICE TOTAL : 2 . 95 VENDOR TOTAL : 2 . 95 ICCI INTERNATIONAL CODES 20080808 08 / 01/ 08 01 ADMIN-JULY PERMITS 01 - 110 - 61 - 00 - 5314 08/ 26 / 08 487 . 80 BUILDING INSPECTIONS INVOICE TOTAL : 487 . 80 VENDOR TOTAL : 487 . 80 ICE ICE MOUNTAIN O8G8105151347 08 / 05 / 08 01 POLICE-WATER 01 - 210 - 65 - 00 - 5804 08 / 26/ 08 60 . 95 OPERATING SUPPLIES INVOICE TOTAL : 60 . 95 VENDOR TOTAL : 60 . 95 ICPA ILLINOIS CRIME PREVENTION P13 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 09 : 14 : 17 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ICPA ILLINOIS CRIME PREVENTION 081108 08 /11/ 08 01 POLICE-MEMBERSHIP RENEWAL 01 - 210 - 64 - 00 - 5600 08 / 26 / 08 50 . 00 DUES INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 ILEPAADM IL ENV . PROTECTION AGENCY 41J- 2 08 / 04/ 08 01 ARO -GRAINCO RECOVERY 01 - 000 - 13 - 00 - 1372 00102171 08 /26 / 08 5 , 991 . 46 A/R- OTHER INVOICE TOTAL : 5 , 991 . 46 VENDOR TOTAL : 5 , 991 . 46 ILLCO ILLCO , INC . 1159605 07 / 31/ 08 01 WATER OP -BALL VALVES , NIPPLES , 51 - 000 - 62 - 00 - 5407 08 / 26 / 08 241 . 99 TREATMENT FACILITIES O&M 02 PVC ADAPTER, CHANNEL LOCK * * COMMENT * * INVOICE TOTAL : 241 . 99 VENDOR TOTAL : 241 . 99 ILLEPA ILLINOIS ENVIRONMENTAL 18 07 /28 /08 01 WATER IMPROV- PRINCIPAL PAYMENT 51 - 200 - 66 - 00 - 6041 08 /26 / 08 39 , 656 . 08 IEPA L17 - 156300 PRINCIPAL 02 WATER IMPROV- INTEREST PAYMENT 51 - 200 - 66 - 00 - 6042 13 , 869 . 27 IEPA L17 - 156300 INTEREST P INVOICE TOTAL : 53 , 525 . 35 VENDOR TOTAL : 53 , 525 . 35 ILLUMBER IL VALLEY URBAN LUMBERJACKS 10509 08 / 11/ 08 01 STREETS -TREE & STUMP REMOVAL 01 - 410 - 75 - 00 - 7102 00204191 08 / 26 / 08 31190 . 00 TREE & STUMP REMOVAL INVOICE TOTAL : 3 , 190 . 00 VENDOR TOTAL : 3 , 190 . 00 P14 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 09 : 14 : 17 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26/ 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT INVETOOL INVESTOR TOOLS , INC . 081508 08 / 15 / 08 01 ARO- PAYMENT FOR INVOICES 01 - 000 - 13 - 00 - 1372 08 / 26 / 08 9 , 990 . 04 A/R- OTHER 02 ACQUIRED DUE TO SEWER BACK- UP * * COMMENT * * 03 REPAIRS TO BE FILED AS CLAIM * * COMMENT * * INVOICE TOTAL : 9 , 990 . 04 VENDOR TOTAL : 91990 . 04 ITEILSEC ITE - ILLINOIS SECTION 021408 08 / 14 / 08 01 ENG- INTERSECTION DESIGNED FOR 01 - 150 - 64 - 00 - 5604 08 / 26 / 08 125 . 00 TRAINING & CONFERENCES 02 SAFETY TRAINING * * COMMENT * * INVOICE TOTAL : 125 . 00 VENDOR TOTAL : 125 . 00 JELENIEA ANDREW JELENIEWSKI 080708 08 / 07 / 08 01 POLICE-K9 FLY SPRAY/OINTMENT 01 -210 - 62 - 00 - 5412 08 / 26 / 08 27 . 73 MAINTENANCE - K9 INVOICE TOTAL : 27 . 73 VENDOR TOTAL : 27 . 73 JEWEL JEWEL 072808 - PD 07/28 / 08 01 POLICE - CHIPS , BUNS , HAMBURGERS 01 - 210 - 64 - 00 - 5606 08 /26 / 08 63 . 23 COMMUNITY RELATIONS 02 ICE * * COMMENT * * INVOICE TOTAL : 63 . 23 VENDOR TOTAL : 63 . 23 JIMSTRCK JAMES GRIBBLE 7014 07 / 31/ 08 01 STREETS -TRUCK INSPECTIONS 01 - 410 - 65 - 00 - 5804 08 / 26/ 08 - 205 . 00 OPERATING SUPPLIES INVOICE TOTAL : 205 . 00 VENDOR TOTAL : 205 . 00 P15 DATE : 08 / 21/ 08 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 09 : 14 : 17 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT JOHNSON) JOHNSON , JEFFREY 081108 08 / 11/ 08 01 POLICE-K- 9 TRAINING MILEAGE 01 - 210 - 64 - 00 - 5605 08 /26 / 08 32 . 32 TRAVEL EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 32 . 32 VENDOR TOTAL : 32 . 32 JULIE JULIE , INC . 07 - 08 - 1751 08 / 01/ 08 01 WATER OP- JULY LOCATES 51 - 000 - 61 - 00 - 5303 08 /26 / 08 357 . 40 JULIE SERVICE INVOICE TOTAL : 357 . 40 VENDOR TOTAL : 357 . 40 KCBLACK KENDAL COUNTY BLACKTOP 2575 08 / 04 /08 01 ADMIN-REMOVE & REPLACE 01 - 110 - 65 - 00 - 5800 08 /26/ 08 3 , 300 . 00 CONTINGENCIES 02 DRIVEWAY * * COMMENT * * 03 ARO - 315 E . VAN EMMON DRIVEWAY 01 - 000 - 13 - 00 - 1372 2 , 200 . 00 A/R- OTHER INVOICE TOTAL : 5 , 500 . 00 VENDOR TOTAL : 5 , 500 . 00 KCPROB KENDALL COUNTY PROBATION 081108 08 / 11/ 08 01 POLICE -DIVERSION SPECIALIST 01 - 210 - 62 - 00 - 5432 00304377 08 /26 / 08 2 , 684 . 89 KENDALL CO . JUVENILE PROBA 02 FEE FOR 12 /2007 - 11/ 2008 * * COMMENT * * INVOICE TOTAL : 2 , 684 . 89 VENDOR TOTAL : 21684 . 89 KCRECORD KENDALL COUNTY RECORD 86 - CITY 07 / 31/ 08 01 ADMIN- PREVAILING WAGE 01 - 110 - 65 - 00 - 5810 08 /26 / 06 8 . 40 PUBLISHING & ADVERTISING P16 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 09 : 14 : 18 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KCRECORD KENDALL COUNTY RECORD 86 - CITY 07 /31/ 08 02 WATER OP -WATER REPORT 51 - 000 - 65 - 00 - 5809 08 / 26 / 08 823 . 60 PRINTING & COPYING 03 ARO - HRM PROPERTIES , CROSS 01 - 000 - 13 - 00 - 1372 181 . 20 A/R- OTHER 04 LUTHERAN CHURCH , PRAIRIE * * COMMENT * * 05 GARDEN , RICHARD MARKER, BRUCE * * COMMENT * * 06 DEVICK * * COMMENT * * INVOICE TOTAL : 1 , 013 . 20 VENDOR TOTAL : 1 , 013 . 20 KENPRINT ANNETTE M . POWELL 16418 07 /24 / 08 01 ENG-NAME PLATE 01 - 150 - 65 - 00 - 5802 08 /26 / 08 6 . 50 OFFICE SUPPLIES INVOICE TOTAL : 6 . 50 VENDOR TOTAL : 6 . 50 KOPYKAT KOPY KAT COPIER 28050 07 /28 / 08 OS POLICE-APRIL - JULY CHARGES 01 - 210 - 65 - 00 - 5809 08 / 26/ 08 70 . 82 PRINTING & COPYING INVOICE TOTAL : 70 . 82 28051 07/28108 01 POLICE-APRIL - JULY CHARGES 01 - 210 - 65 - 00 - 5809 08 / 26/ 08 329 . 91 PRINTING & COPYING INVOICE TOTAL : 329 . 91 VENDOR TOTAL : 400 . 73 KUSTOM KUSTOM SIGNAL , INC . 364068 07/ 29/ 08 01 POLICE-ACC - FORK 35MPH 01 - 210 - 62 - 00 - 5408 08 /26/ 08 100 . 00 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 100 . 00 VENDOR TOTAL : 100 . 00 P17 DATE : 08 / 21/ 08 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 09 : 14 : 18 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT LANEMUCH LANER, MUCHIN , DOMBROW , BECKER 318293 07 / 01/ 08 01 ADMIN -GENERAL EMPLOYMENT AND 01 - 110 - 61 - 00 - 5300 08 / 26 / 08 183 . 75 LEGAL SERVICES 02 LABOR COUNSELING * * COMMENT * * INVOICE TOTAL : 183 . 75 VENDOR TOTAL : 183 . 75 LAWNFIRM JAMIE P . & JEANNE M . KELLER 4953 07 /29 / 08 01 SUNFLOWER SSA-WEEDING OF 12 - 000 - 65 - 00 - 5416 00204188 08 /26 / 08 240 . 00 MAINTENANCE COMMON GROUNDS 02 FLOWER BEDS * * COMMENT * * INVOICE TOTAL : 240 . 00 4954 07 /29 / 08 01 FOX HILL SSA-TREE REMOVAL 11 - 000 - 65 - 00 - 5416 00204188 08 / 26 / 08 300 . 00 MAINTENANCE COMMON GROUNDS INVOICE TOTAL : 300 . 00 4958 08 / 01/ 08 01 FOX HILL SSA- JULY LAWN 11 - 000 - 65 - 00 - 5416 00204188 08 /26 / 08 2 , 035 . 55 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 2 , 035 . 55 4959 08 / 01/ 08 01 SUNFLOWER SSA- JULY LAWN 12 - 000 - 65 - 00 - 5416 00204188 08 / 26/ 08 1 , 857 . 00 MAINTENANCE COMMON GROUNDS 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 1 , 857 . 00 VENDOR TOTAL : 4 , 432 . 55 LENNAR LENNAR COMMUNITIES OF CHICAGO , 072707 08 / 08/ 08 01 SEWER IMPROV- RAINTREE OFFSITE 52 - 200 - 75 - 00 - 7506 08 /26 / 08 550 , 735 . 48 SOUTHWEST SVC AREA INTERCE 02 SANITARY REIMBURSEMENT * * COMMENT * * 03 SUBMITTAL * * COMMENT * * INVOICE TOTAL : 550 , 735 . 48 VENDOR TOTAL : 550 , 735 . 48 P18 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 09 : 14 : 18 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT MARTINH MARTIN , HAROLD 081308 08 / 13 / 08 01 POLICE - HR BOOK 01 - 210 - 65 - 00 - 5804 08 / 26 / 08 44 . 99 OPERATING SUPPLIES INVOICE TOTAL : 44 . 99 VENDOR TOTAL : 44 - 99 MARTPLMB MARTIN PLUMBING & HEATING CO . 280504 07/21 / 08 01 WATER OP - REPLACE METER AT 51 - 000 - 75 - 00 - 7508 08 /26 / 08 159 . 00 METERS & PARTS 02 COURT HOUSE * * COMMENT * * INVOICE TOTAL : 159 . 00 VENDOR TOTAL : 159 . 00 MCKIRGN RANDY MCKIRGAN 66368 07 / 02 / 08 01 STREETS -GASOLINE 01 - 410 - 65 - 00 - 5812 00204186 08 /26 / 08 1 , 000 . 63 GASOLINE 02 WATER OP -GASOLINE 51 - 000 - 65 - 00 - 5812 11000 . 63 GASOLINE 03 SEWER OP -GASOLINE 52 - 000 - 65 - 00 - 5812 1 , 000 . 64 GASOLINE INVOICE TOTAL : 31001 . 90 66500 07/ 21 / 08 01 STREETS -MOTOR OIL 01 - 410 - 62 - 00 - 5409 00204186 08 /26 / 08 533 . 50 MAINTENANCE-VEHICLES INVOICE TOTAL : 533 . 50 66528 07 / 24 / 08 01 STREETS -GASOLINE 01 - 410 - 65 - 00 - 5812 08 /26 / 08 970 . 61 GASOLINE 02 WATER OP -GASOLINE 51 - 000 - 65 - 00 - 5812 970 . 61 GASOLINE 03 SEWER OP-GASOLINE 52 - 000 - 65 - 00 - 5812 970 . 60 GASOLINE INVOICE TOTAL : 2 , 911 . 82 VENDOR TOTAL : 61447 . 22 P19 DATE : 08 /21/ 08 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 09 : 14 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 06 / 26 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 47492 07 / 18 / 08 01 STREETS -WRENCH , SOCKETS , 01 - 410 - 65 - 00 - 5804 08 /26 / 08 44 . 62 OPERATING SUPPLIES 02 UNIVERSAL JOINT , EXTENSION * * COMMENT * * 03 DRIVE * * COMMENT * * INVOICE TOTAL : 44 . 62 47561 07 / 18 / 08 01 ADMIN- SURGE OUTLETS , CORD 01 - 110 - 65 - 00 - 5804 08 / 26 / 08 81 . 86 OPERATING SUPPLIES 02 COVERS , EXTENSION CORDS * * COMMENT * * INVOICE TOTAL : 81 . 86 49128 07 /25 / 08 01 POLICE -LOCK- IT REMOVABLE 01 - 210 - 65 - 00 - 5804 08 / 26 / 08 5 . 97 OPERATING SUPPLIES INVOICE TOTAL : 5 . 97 49307 07 /26 / 08 01 POLICE- 17 AQUA NOODLES 01 - 210 - 64 - 00 - 5606 08 /26/ 08 16 . 32 COMMUNITY RELATIONS INVOICE TOTAL : 16 . 32 50048 07 /29/ 08 01 WATER OP - SKIMMER, HANDLE 51 - 000 - 65 - 00 - 5804 08 / 26 / 08 18 . 87 OPERATING SUPPLIES INVOICE TOTAL : 18 . 87 50272 07 /30/ 08 01 POLICE - KEY 01 - 210 - 65 - 00 - 5804 08 / 26 / 08 1 . 47 OPERATING SUPPLIES INVOICE TOTAL : 1 . 47 50273 07/30/08 01 POLICE -GLASS CLEANER 01 - 210 - 65 - 00 - 5804 08 /26/ 08 - 4 . 98 OPERATING SUPPLIES INVOICE TOTAL : 4 . 98 50312 07 / 30 / 08 01 WATER OP-VACUUM 51 - 000 - 65 - 00 - 5804 08 /26/ 08 89 . 98 OPERATING SUPPLIES INVOICE TOTAL : 89 . 98 P20 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 09 : 14 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 50323 07 /30 / 08 01 STREETS - STOCK OPEN SKU 01 - 410 - 65 - 00 - 5804 08 /26 / 08 21 . 00 OPERATING SUPPLIES INVOICE TOTAL : 21 . 00 50464 07 / 31/ 08 01 WATER OP-THERMAL JUG 51 - 000 - 65 - 00 - 5804 08 / 26 / 08 3 . 98 OPERATING SUPPLIES INVOICE TOTAL : 3 - 98 50467 07 / 31/ 08 01 STREETS - CITY HALL. FURNACE 01 -410 - 62 - 00 - 5416 08 /26 / 08 119 . 76 MAINTENANCE PROPERTY 02 FILTERS * * COMMENT * * 03 SEWER OP-GARBAGE BAGS 52 - 000 - 65 - 00 - 5805 34 . 90 SHOP SUPPLIES INVOICE TOTAL : 154 . 66 50556 07 / 31/ 08 01 POLICE-MAGIC ERASERS 01 - 210 - 65 - 00 - 5804 08 /26/ 08 7 . 52 OPERATING SUPPLIES INVOICE TOTAL : 7 . 52 50676 08 / 01/ 08 01 WATER OP -GRIP BLOCKS 51 - 000 - 65 - 00 - 5804 08 /26/ 08 3 . 45 OPERATING SUPPLIES INVOICE TOTAL : 3 . 45 51299 08 / 04/ 08 01 SEWER OP - PINE - SOL , MOP 52 - 000 - 62 - 00 - 5422 08 / 26/ 08 9 . 82 LIFT STATION MAINTENANCE INVOICE TOTAL : 9 . 82 51505 08 / 05 / 08 01 WATER OP - 2000 WATT ELEMENT 51 - 000 - 62 - 00 - 5407 08 / 26/ 08 9 . 99 TREATMENT FACILITIES O&M INVOICE TOTAL : 9 . 99 51550 - 08 . 08 / 05/ 08 01 WATER OP- PVC SOLVENT , PVC TEE , 51 - 000 - 62 - 00 - 5407 08 /26 / 08 14 . 12 TREATMENT FACILITIES O&M 02 PVC COUPLINGS * * COMMENT * * INVOICE TOTAL : 14 . 12 P21 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 09 : 14 : 19 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 51700 08 / 06 / 08 01 WATER OP - PVC PIPE , SAW , PRIMER 51 - 000 - 62 - 00 - 5407 08 /26/ 08 40 . 83 TREATMENT FACILITIES O&M 02 AND CEMENT , ADAPTERS , SOLVENT , * * COMMENT * * 03 ELBOWS , TEES * * COMMENT * * INVOICE TOTAL : 40 . 83 51807 08 /06 / 08 01 SEWER OP-WASP & HORNET SPRAY 52 - 000 - 62 - 00 - 5422 08 /26 / 08 4 . 94 LIFT STATION MAINTENANCE INVOICE TOTAL : 4 . 94 52037 08 / 07 / 08 01 SEWER OP - CONCRETE MIX 52 - 000 - 62 - 00 - 5419 08 / 26/ 08 2 . 25 MAINTENANCE - SANITARY SEWER INVOICE TOTAL : 2 . 25 52170 08 / 08 / 08 01 STREETS - BULBS 01 - 410 - 62 - 00 - 5416 08 /26/ 08 15 . 96 MAINTENANCE PROPERTY INVOICE TOTAL : 15 . 96 VENDOR TOTAL : 552 . 59 MIDAM MID AMERICAN WATER 48941A 07 /25 / 08 01 WATER OP-BIT , TORQUE WRENCH 51 - 000 - 65 - 00 - 5604 08 /26 / 08 312 . 00 OPERATING SUPPLIES INVOICE TOTAL : 312 . 00 49145A 07 /25 / 08 01 WATER OP- HYDRANT GREASE 51 - 000 - 65 - 00 - 5804 08 / 26 / 08 26 . 00 OPERATING SUPPLIES INVOICE TOTAL : 26 . 00 83792W 07 / 16/ 08 01 SEWER OP-NON- SHEAR COUPLINGS 52 - 000 - 62 - 00 - 5419 08 /26 / 08 238 . 15 MAINTENANCE - SANITARY SEWER INVOICE TOTAL : 238 . 15 VENDOR TOTAL : 576 . 15 MJELECT MJ ELECTRICAL SUPPLY , INC . P22 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 09 : 14 : 20 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MJELECT NJ ELECTRICAL SUPPLY , INC . 1100276 - 01 07 / 24 / 08 01 STREETS - BULBS 01 - 410 - 62 - 00 - 5415 08 /26 / 08 218 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 218 . 00 1100276 - 02 08 / 04 / 08 01 STREETS -LENS 01 - 410 - 62 - 00 - 5415 08 / 26 / 08 75 . 00 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 75 . 00 1100520 - 02 08 / 04 / 08 01 STREETS -BULBS 01 - 410 - 62 - 00 - 5415 08 /26 / 08 417 . 00 MAINTENANCE- STREET LIGHTS INVOICE TOTAL : 417 . 00 1101063 - 00 08 / 04 / 08 01 STREETS - GROUND BOX 01 - 410 - 62 - 00 - 5415 08 /26/ 08 70 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 70 - 00 1101126 - 00 08 / 04 / 08 01 STREETS -GALVANIZED TOES 01 -410 - 62 - 00 - 5415 08 /26/ 08 85 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 85 . 00 VENDOR TOTAL : 865 . 00 NELSON NELSON ENTERPRISES , INC . 9162 - 0004 07 / 31/ 08 01 COMM/RELATIONS - RADIO 01 - 130 - 62 - 00 - 5401 08 /26 / 08 350 . 00 CONTRACTUAL SERVICES 02 ADVERTISING * * COMMENT * * INVOICE TOTAL : 350 . 00 VENDOR TOTAL : 350 . 00 NICOR NICOR GAS 15 - 41 - 50 - 1000 6 - 0808 08 / 07/ 08 01 ADMIN- 804 GAME FARM ROAD 01 - 110 - 78 - 00 - 9002 08 /26 / 08 60 . 16 NICOR GAS INVOICE TOTAL : 60 . 16 P23 DATE : 08 / 21/ 08 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 09 : 14 : 20 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NICOR NICOR GAS 15 - 64 - 61 - 3532 5 - 0808 08 / 06 / 08 01 ADMIN- 1991 CANNONBALL TRAIL 01 - 110 - 7B - 00 - 9002 08 /26 / 08 41 . 88 NICOR GAS INVOICE TOTAL : 41 . 88 20 - 52 - 56 - 2042 1 - 0808 08 / 08 / 08 01 ADMIN- 420 FAIRHAVEN DR 01 - 110 - 78 - 00 - 9002 08 /26 / 08 69 . 51 NICOR GAS INVOICE TOTAL : 69 . 51 23 - 45 - 91 - 4862 5 - 0808 08 / 01/ 08 01 ADMIN- 101 BRUELL STREET 01 - 110 - 78 - 00 - 9002 08 / 26 / 08 85 . 89 NICOR GAS INVOICE TOTAL : 85 . 89 31 - 61 - 67 - 2493 1 - 0808 08 / 05/ 08 01 ADMIN- 276 WINDHAM CIRCLE 01 - 110 - 78 - 00 - 9002 08 /26 / 08 33 . 31 NICOR GAS INVOICE TOTAL : 33 . 31 46 - 69 - 47 - 6727 1 - 0808 08 / 07 / 08 01 ADMIN- 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 08 /26 / 08 67 . 54 NICOR GAS INVOICE TOTAL : 67 . 54 49 - 25 - 61 - 1000 5 - 0808 08 / 01 / 08 01 ADMIN- 1 VAN EMMON RD 01 - 110 - 78 - 00 - 9002 08 / 26/ 08 39 . 97 NICOR GAS INVOICE TOTAL : 39 . 97 61 - 60 - 41 - 1000 9 - 0808 08 / 11/ 08 01 ADMIN- 610 TOWER LANE 01 - 110 - 78 - 00 - 9002 08 /26 / 08 107 . 03 NICOR GAS INVOICE TOTAL : 107 . 03 65 - 69 - 00 - 0377 0 - 0708 08 / 06/ 08 01 ADMIN- 202 E . COUNTRYSIDE STE D 01 - 110 - 78 - 00 - 9002 08 /26 / 08 8 . 57 NICOR GAS INVOICE TOTAL : 8 . 57 65 - 69 - 00 - 0377 0 - 0808 08 / 14/ 08 01 ADMIN- 202 E COUNTRYSIDE STE D 01 - 110 - 78 - 00 - 9002 08 /26/ 08 258 . 15 NICOR GAS INVOICE TOTAL : 258 . 15 P24 DATE : 08 / 21/ 08 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 09 : 14 : 21 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NICOR NICOR GAS 66 - 70 - 44 - 6942 9 - 0808 08 / 06 / 08 01 ADMIN- 100 RAINTREE 01 - 110 - 78 - 00 - 9002 08 /26 / 08 84 . 71 NICOR GAS INVOICE TOTAL : 84 - 71 83 - 13 - 42 - 8369 2 - 0808 08 / 07 / 08 01 ADMIN- 1107 PRAIRIE LANE 01 - 110 - 78 - 00 - 9002 08 /26 / 08 34 . 72 NICOR GAS INVOICE TOTAL : 34 . 72 95 - 16 - 10 - 1000 4 - 0808 08 / 11 / 08 01 ADMIN- 1 RT47 01 - 110 - 78 - 00 - 9002 08 /26 / 08 930 . 99 NICOR GAS INVOICE TOTAL : 930 . 99 VENDOR TOTAL : 1 , 822 . 43 OFFWORK OFFICE WORKS 141209I 07 /30 / 08 01 POLICE-LETTER TRAY , UNDERDESK 01 - 210 - 65 - 00 - 5802 08 /26 / 08 193 . 02 OFFICE SUPPLIES 02 KEYBOARD DRAWER * * COMMENT * * INVOICE TOTAL : 193 . 02 1413431 08 / 01/ 08 01 POLICE - CUPS , PLATES , DISH 01 - 210 - 65 - 00 - 5804 08 / 26/ 08 146 . 95 OPERATING SUPPLIES 02 DETERGENT * * COMMENT * * 03 POLICE-MAGAZINE HOLDER 01 - 210 - 64 - 00 - 5606 55 . 98 COMMUNITY RELATIONS INVOICE TOTAL : 202 . 93 1413651 08 / 01/ 08 01 ADMIN- CLIPBOARD , LABELS , 01 - 110 - 65 - 00 - 5802 08 / 26 / 08 29 . 36 OFFICE SUPPLIES 02 FOLDERS * * COMMENT * * INVOICE TOTAL : 29 . 36 141670I 08 / 07 / 08 01 ADMIN-DOUBLE TRAYS 01 - 110 - 65 - 00 - 5802 08 / 26 / 08 73 . 98 OFFICE SUPPLIES P25 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 09 : 14 : 21 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT OFFWORK OFFICE WORKS 141670I 08 / 07 / 08 02 FINANCE- POCKET FOLDERS 01 - 120 - 65 - 00 - 5802 08 / 26/ 08 36 . 99 OFFICE SUPPLIES INVOICE TOTAL : 110 . 97 141777 08 / 11/ 08 01 FINANCE- POCKET FILES 01 - 120 - 65 - 00 - 5802 08 /26 / 08 18 . 49 OFFICE SUPPLIES INVOICE TOTAL : 18 . 49 142004 08 / 12 / 08 01 ENG- 3 - HOLE PUNCH 01 - 150 - 65 - 00 - 5802 08 /26 / 08 8 . 49 OFFICE SUPPLIES INVOICE TOTAL : 8 . 49 VENDOR TOTAL : 563 . 26 OHERROND RAY O ' HERRON COMPANY , INC . 0821062 -CM 07 / 28 / 08 01 PD CAPITAL- RETURNED ITEM 20 - 000 - 75 - 00 - 7006 08 / 26 / 08 - 62 . 00 CAR BUILD OUT INVOICE TOTAL : - 62 . 00 0822099 - IN 08 / 08 / 08 01 POLICE-BATTERY STICK , MAGLIGHT 01 - 210 - 62 - 00 - 5408 08 / 26/ 08 119 . 78 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 119 . 78 VENDOR TOTAL : 57 . 78 OSWEGOPD OSWEGO POLICE DEPARTMENT 080809 - 1 08 / 11/08 01 POLICE-T- SHIRTS 01 - 210 - 64 - 00 - 5606 08 /26 / 08 105 . 00 COMMUNITY RELATIONS INVOICE TOTAL : 105 . 00 VENDOR TOTAL : 105 . 00 PARADISE PARADISE CAR WASH 221339 08 / 01/ 08 01 POLICE- CAR WASHES 01 - 210 - 62 - 00 - 5409 08 /26/ 08 189 . 15 MAINTENANCE - VEHICLES INVOICE TOTAL : 189 . 15 VENDOR TOTAL : 189 . 15 P26 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 27 TIME : 09 : 14 : 21 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT PITNEYBO PITNEY BOWES INC 600952 08 / 03 / 08 01 WATER OP - SOK WINDOW ENVELOPES 51 - 000 - 65 - 00 - 5804 00102164 08 / 26 / 08 1 , 697 . 50 OPERATING SUPPLIES 02 AND 50K RETURN ENVELOPES * * COMMENT * * 03 ARO-YBSD PORTION OF ENVELOPES 01 - 000 - 13 - 00 - 1372 1 , 697 . 50 A/R- OTHER INVOICE TOTAL : 3 , 395 . 00 VENDOR TOTAL : 31395 . 00 PLANCOMM CHAMPLAIN PLANNING PRESS , INC . 25568 08 /05 / 08 01 COMM/DEV-ANNUAL SUBSCRIPTIONS 01 - 220 - 65 - 00 - 5814 08 / 26/ 08 165 . 00 BOOKS & MAPS INVOICE TOTAL : 165 . 00 VENDOR TOTAL : 165 . 00 PRAINURS PRAIRIE NURSERY INC . INV0803815 07 /29/ 08 01 LAND CASH- SOIL 72 - 000 - 75 - 00 - 7328 00404085 08 /26 / 08 476 . 14 PRAIRIE MEADOWS (MENARDS R INVOICE TOTAL : 476 . 14 VENDOR TOTAL : 476 . 14 QUILL QUILL CORPORATION 9087747 07 / 31 / 08 01 COMM/DEV- CARTRIDGE 01 - 220 - 65 - 00 - 5804 08 /26 / 08 98 . 39 OPERATING SUPPLIES INVOICE TOTAL : 98 . 39 9257509 08 / 07/ 08 01 COMM/DEV-BINDER CLIPS , 01 - 220 - 65 - 00 - 5804 08 /26/ 08 82 . 45 OPERATING SUPPLIES 02 ENVELOPES * * COMMENT * * INVOICE TOTAL : 82 . 45 VENDOR TOTAL : 180 . 84 R0000331 KAREN OLSON P27 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 09 : 14 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT R0000331 KAREN OLSON 080308 08 / 14 / 08 01 ADMIN-BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 08 /26/ 08 50 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 R0000462 MATT BARTELS 080608 08 / 06/ 08 01 TRUST & AGENCY- REFUND OF 95 - 000 - 42 - 00 - 4215 08 / 26 / 08 38 . 05 SANITARY FEES COLLECTED 02 OVERPAYMENT ON FINAL BILL * * COMMENT * * 03 SEWER OP - REFUND OF 52 - 000 - 42 - 00 - 4250 9 . 00 SEWER MAINTENANCE FEES 04 OVERPAYMENT ON FINAL BILL * * COMMENT * * INVOICE TOTAL : 47 . 05 VENDOR TOTAL : 47 . 05 RIVEROAK RIVER OAKS FORD 855194 07 / 11/ 08 01 STREETS -STEP ASSEMBLY 01 - 410 - 62 - 00 - 5409 08 / 26 / 08 346 . 42 MAINTENANCE -VEHICLES INVOICE TOTAL : 346 . 42 855477 07 / 31/ 08 01 STREETS -BRAKES , PADS , ROTORS 01 - 410 - 62 - 00 - 5409 08 /26/ 08 523 . 67 MAINTENANCE -VEHICLES INVOICE TOTAL : 523 . 67 855540 08 / 05 / 08 01 STREETS -BOLT , SUPPORTER , 01 - 410 - 62 - 00 - 5409 08 / 26 / 08 103 . 81 MAINTENANCE -VEHICLES 02 RETAINER * * COMMENT * * INVOICE TOTAL : 103 . 81 VENDOR TOTAL : 973 . 90 SCHRADER SCHRADER , CHARLES H . & ASSOC . 0708 07 / 30 / 08 01 ADMIN- JULY - SEPTEMBER FEES 01 - 110 - 62 - 00 - 5401 08 / 26 / 08 3 , 500 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 31500 . 00 VENDOR TOTAL : 31500 . 00 P28 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 29 TIME : 09 : 14 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SECGROUP SEC GROUP , INC . 353431 08 /05 / 08 01 ARO-YORKVILLE INTEGRATED 01 - 000 - 13 - 00 - 1372 08 / 26 / 08 11476 . 70 A/R- OTHER 02 TRANSPORTATION PLAN * * COMMENT * * 03 COMM/DEV-YORKVILLE INTEGRATED 01 - 220 - 62 - 00 - 5401 164 . 30 CONTRACTUAL SERVICES 04 TRANSPORTATION PLAN * * COMMENT * * INVOICE TOTAL : 1 , 643 . 00 VENDOR TOTAL : 1 , 643 . 00 SERVMAST SERVICEMASTER OF AURORA & 11658 07 /29/ 08 01 POLICE - CLEAN & SANITIZE SQUAD 01 - 210 - 62 - 00 - 5409 08 / 26 / 08 85 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 85 . 00 VENDOR TOTAL : 85 . 00 SEYFARTH SEYFARTH SHAW LLP 1499761 07 /24/ 08 01 POLICE - LEGAL MATTERS 01 - 210 - 64 - 00 - 5607 08 /26 / 08 390 . 58 POLICE COMMISSION INVOICE TOTAL : 390 . 58 VENDOR TOTAL : 390 . 58 SHREDIT SHRED - IT 021278462 07 /29/ 08 01 ADMIN-MONTHLY CHARGES 01 - 110 - 62 - 00 - 5401 08 / 26/ 08 167 . 40 CONTRACTUAL SERVICES INVOICE TOTAL : 167 . 40 VENDOR TOTAL : 167 . 40 SKC SKC CONSTRUCTION , INC 080408 08 / 04/ 08 01 MFT - 2008 JOINT & CRACK FILLING 15 - 000 - 75 - 00 - 7008 08 / 26 / 06 23 , 736 . 24 CRACK FILLING INVOICE TOTAL : 23 , 736 . 24 VENDOR TOTAL : 23 , 736 . 24 P29 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 30 TIME : 09 : 14 : 22 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT STREICH STREICHERS 1541025 08 / 07 / 08 01 POLICE - JUMPSUITS 01 - 210 - 62 - 00 - 5421 08 /26 / 08 99 - 00 WEARING APPAREL INVOICE TOTAL : 99 . 00 I537789 07 /23 / 08 01 POLICE - FLAT TOP REAR SIGHT 01 - 210 - 62 - 00 - 5408 08 /26 / 08 83 . 00 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 83 - 00 VENDOR TOTAL : 182 . 00 TAPCO TAPCO 300221 07 / 30/ 08 01 MFT - SIGN 15 - 000 - 75 - 00 - 7007 08 /26 / 08 249 . 56 SIGNS INVOICE TOTAL : 249 . 56 VENDOR TOTAL : 249 . 56 THOMWEST THOMPSON WEST 6053253570 07 /24 / 08 01 POLICE- IL . CRIMINAL LAW & 01 - 210 - 65 - 00 - 5804 08 /26 / 08 836 . 00 OPERATING SUPPLIES 02 PROCEDURE BOOK SET , IL . * * COMMENT * * 03 CRIMINAL & MOTOR VEHICLE LAW * * COMMENT * * 04 BOOK SET * * COMMENT * * INVOICE TOTAL : 836 . 00 VENDOR TOTAL : 836 . 00 TUFFY TUFFY AUTO SERVICE CENTER 6279 07/ 31/08 01 POLICE-OIL CHANGE , WIPER 01 - 210 - 62 - 00 - 5409 08 / 26 / 08 45 . 93 MAINTENANCE - VEHICLES 02 BLADES * * COMMENT * * INVOICE TOTAL : 45 . 93 6314 08 / 02 / 08 01 POLICE-OIL CHANGE 01 - 210 - 62 - 00 - 5409 08 / 26/ 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 P30 DATE : 08 / 21 / 08 UNITED CITY OF YORKVILLE PAGE : 31 TIME : 09 : 14 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT TUFFY TOFFY AUTO SERVICE CENTER 6334 08 / 04 / 08 01 POLICE - OIL CHANGE 01 -210 - 62 - 00 - 5409 08 / 26 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 6336 08 / 04 / 08 01 POLICE -OIL CHANGE 01 - 210 - 62 - 00 - 5409 08 /26 / 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 VENDOR TOTAL : 131 . 78 UNIQUEPR UNIQUE PRODUCTS & SERVICE 178941 08 / 05 / 08 01 SEWER OP - PAPER TOWELS 52 - 000 - 65 - 00 - 5802 08 / 26 / 08 83 . 04 OFFICE SUPPLIES INVOICE TOTAL : 83 . 04 VENDOR TOTAL : 83 . 04 UPS UNITED PARCEL SERVICE 00004296X2318 08 / 02 / 08 01 WATER OP - 2 PACKAGES 51 - 000 - 65 - 00 - 5808 08 / 26/ 08 44 . 99 POSTAGE & SHIPPING 02 FINANCE - 1 PACKAGE 01 - 120 - 65 - 00 - 5808 30 . 49 POSTAGE & SHIPPING 03 ADMIN- 1 PACKAGE 01 - 110 - 65 - 00 - 5808 44 . 60 POSTAGE & SHIPPING INVOICE TOTAL : 120 . 28 00004296X2328 08 / 09 / 08 01 ADMIN- 1 PACKAGE 01 - 110 - 65 - 00 - 5808 08 /26/ 08 35 . 50 POSTAGE & SHIPPING 02 FINANCE - 1 PACKAGE 01 - 120 - 65 - 00 - 5808 27 . 56 POSTAGE & SHIPPING 03 WATER OP- 4 PACKAGES 51 - 000 - 65 - 00 - 5808 181 . 05 POSTAGE & SHIPPING INVOICE TOTAL : 244 . 11 VENDOR TOTAL : 364 . 39 P31 DATE : 08 /21/ 08 UNITED CITY OF YORKVILLE PAGE : 32 TIME : 09 : 14 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 / 26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O - # DUE DATE ITEM AMT VANFLEET VAN FLEET ELECTRONICS 8176 07 /30/ 08 01 POLICE- CERTIFY RADAR UNIT 01 - 210 - 62 - 00 - 5408 08 / 26 / 08 495 - 00 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 495 . 00 VENDOR TOTAL : 495 . 00 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0289649 07/25 / 08 01 HEALTH & SANITATION -JULY 01 - 540 - 62 - 00 - 5442 08 /26 / 08 93 , 393 . 16 GARBAGE SERVICES 02 SERVICE * * COMMENT * * INVOICE TOTAL : 93 , 393 . 16 VENDOR TOTAL : . 93 , 393 . 16 VIKICHEM VIKING CHEMICAL COMPANY 180739 08 / 07 / 08 01 WATER OP- CHEMICALS 51 - 000 - 62 - 00 - 5407 08 /26 / 08 295 . 03 TREATMENT FACILITIES O&M INVOICE TOTAL : 295 . 03 VENDOR TOTAL : 295 . 03 WABASH WABASH VALLEY MANUFACTURING 244793 07 / 25/ 08 01 LAND CASH- PICNIC TABLE 72 - 000 - 75 - 00 - 7328 00404084 08 /26 / 08 1 , 177 . 20 PRAIRIE MEADOWS ( MENARDS R 02 LAND CASH - PICNIC TABLE , 72 - 000 - 75 - 00 - 7330 2 , 705 . 50 WHISPERING MEADOWS ( K . HIL 03 SHIPPING * * COMMENT * * INVOICE TOTAL : 31882 . 70 VENDOR TOTAL : 3 , 882 . 70 WALKCUST WALKER CUSTOM HOMES , INC . 175 - TOPGUN 07 / 07/ 08 01 REC -DEMOLITION OF WALLS , 96 - 000 - 21 - 00 - 2120 08 /26/ 08 2 , 125 . 00 REC CENTER IMPROVEMENTS P32 DATE : 08 /21/ 08 UNITED CITY OF YORKVILLE PAGE : 33 TIME : 09 : 14 : 23 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WALKCUST WALKER CUSTOM HOMES , INC . 175 - TOPGUN 07 / 07 / 08 02 CONSTRUCTING NEW WALLS * * COMMENT * * 08 / 26 / 08 INVOICE TOTAL : 2 , 125 . 00 370 - FLOORING GUYS 08 / 06 / 08 01 REC-DEPOSIT FOR FLOORING WORK 96 - 000 - 21 - 00 - 2120 08 / 26 / 08 23 , 000 . 00 REC CENTER IMPROVEMENTS INVOICE TOTAL : 23 , 000 . 00 72208 - PALZER 07 /22 / 08 01 REC-FABRICATE NEW PYLON SIGN 96 - 000 - 21 - 00 - 2120 08 /26 / 08 4 , 849 . 00 REC CENTER IMPROVEMENTS 02 FACES * * COMMENT * * INVOICE TOTAL : 4 , 849 . 00 VENDOR TOTAL : 291974 . 00 WAUBONSE WAUBONSEE COMMUNITY COLLEGE 50004551 08 / 06 / 08 01 POLICE - TUITION 01 - 210 - 50 - 00 - 5200 08 /26 / 08 485 . 00 CADET PROGRAM INVOICE TOTAL : 485 . 00 VENDOR TOTAL : 485 . 00 WHOLTIRE WHOLESALE TIRE 125238 07/29/ 08 01 POLICE - FRONT ALIGNMENT , TIE 01 - 210 - 62 - 00 - 5409 08 /26 / 08 510 . 62 MAINTENANCE - VEHICLES 02 ROD REPAIR , REAR BRAKES * * COMMENT * * INVOICE TOTAL : 510 . 62 125271 07/ 31 / 08 01 POLICE- TIRE REPAIR 01 - 210 - 62 - 00 - 5409 08 /26/ 08 15 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 15 . 00 125386 08 / 08 / 08 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 08 /26/ 08 24 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 24 . 95 VENDOR TOTAL : 550 . 57 P33 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 34 TIME : 09 : 14 : 24 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WILDATRY WILDMAN , HARROLD , ALLEN & 377606 07/31/ 08 01 AR- LANDFILL LEGAL MATTERS 01 - 000 - 13 - 00 - 1375 08 / 26 / 08 6 , 405 . 40 A/R- LANDFILL INVOICE TOTAL : 6 , 405 . 40 VENDOR TOTAL : 6 , 405 . 40 YBSD YORKVILLE BRISTOL 0480 - 000598572 07 / 31/ 08 01 WATER OP-JULY BIOSOLIDS 51 - 000 - 62 - 00 - 5401 08 /26 / 08 6 , 438 . 55 CONTRACTUAL SERVICES 02 TRANSPORT * * COMMENT * * INVOICE TOTAL : 6 , 438 . 55 080508 08 / 05 / 08 01 TRUST & AGENCY- JULY SANITARY 95 - 000 - 78 - 00 - 9008 08 / 26 / 08 237 , 311 . 93 YBSD PAYMENTS 02 FEES * * COMMENT * * INVOICE TOTAL : 237 , 311 . 93 VENDOR TOTAL : 243 , 750 . 48 YORKLIBR YORKVILLE PUBLIC LIBRARY 080608 -DEVLOP 08 / 06 / 08 01 TRUST & AGENCY-MAY - JULY 95 - 000 - 78 - 00 - 9009 08 /26 / 08 23 , 350 . 00 LIBRARY DEV FEE PAYMENTS 02 LIBRARY TRANSFER FEES * * COMMENT * * INVOICE TOTAL : 23 , 350 . 00 VENDOR TOTAL : 23 , 350 . 00 YORKNAPA YORKVILLE NAPA AUTO PARTS 844282 07 / 16 / 08 01 WATER OP -HITCHPIN , TRAILER 51 - 000 - 65 - 00 - 5804 08 /26 / 08 45 . 48 OPERATING SUPPLIES 02 BALL , HITCH * * COMMENT * * INVOICE TOTAL : 45 . 48 844870 07 / 21/ 08 01 SEWER OP-AIR FILTER 52 - 000 - 62 - 00 - 5409 08 /26 / 08 52 . 23 MAINTENANCE -VEHICLES INVOICE TOTAL : 52 . 23 P34 DATE : 08 /21 / 08 UNITED CITY OF YORKVILLE PAGE : 35 TIME : 09 : 14 : 24 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKNAPA YORKVILLE NAPA AUTO PARTS 844871 07 / 21 / 08 01 SEWER OP -MARKER , OIL FILTERS , 52 - 000 - 62 - 00 - 5409 08 / 26 / 08 42 . 14 MAINTENANCE -VEHICLES 02 FUEL FILTER * * COMMENT * * INVOICE TOTAL : 42 . 14 844887 07/21/ 08 01 WATER OP-OIL FILTER 51 - 000 - 62 - 00 - 5409 08 / 26 / 08 3 . 34 MAINTENANCE -VEHICLES INVOICE TOTAL : 3 . 34 845235 07 /24 / 08 01 WATER OP - OIL FILTER, FUEL 51 - 000 - 62 - 00 - 5408 08 /26 / 08 73 . 00 MAINTENANCE - EQUIPMENT 02 FILTER , HYDRAULIC FILTER * * COMMENT * * INVOICE TOTAL : 73 . 00 VENDOR TOTAL : 216 . 19 YORKPDPC YORKVILLE POLICE DEPT . 081308 08 / 13 / 08 01 POLICE -VEHICLE SEIZURE 01 -210 - 65 - 00 - 5804 08 /26/ 08 65 . 00 OPERATING SUPPLIES 02 PAPERWORK FOR SOS * * COMMENT * * INVOICE TOTAL : 65 . 00 VENDOR TOTAL : 65 . 00 YORKPOST YORKVILLE POSTMASTER 081108 08 / 11/ 08 01 WATER OP-UTILITY BILLING 51 - 000 - 65 - 00 - 5808 08 /26 / 08 11800 . 00 POSTAGE & SHIPPING 02 POSTAGE * * COMMENT * * INVOICE TOTAL : 11800 . 00 081308 08 /13 / 08 01 COMM/RELATIONS -CITY NEWSLETTER 01 - 130 - 65 - 00 - 5808 00102172 08 /26 / 08 11100 . 00 POSTAGE & SHIPPING 02 POSTAGE COMMENT * * INVOICE TOTAL : 1 , 100 . 00 VENDOR TOTAL : 2 , 900 . 00 P35 DATE : 08 / 21/ 08 UNITED CITY OF YORKVILLE PAGE : 36 TIME : 09 : 14 : 24 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 08 /26 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM ANT YORKPR YORKVILLE PARK & RECREATION 073108 08 / 06 / 08 01 TRUST & AGENCY- MAY - JULY 95 - 000 - 78 - 00 - 9012 08 /26 / 08 2 , 500 . 00 PARKS/REC CAPITAL PAYMENTS 02 DEVELOPMENT FEES * * COMMENT * * INVOICE TOTAL : 2 , 500 . 00 081308 08 / 13 / 08 01 ADMIN - REPAYMENT FOR USED 01 - 110 - 65 - 00 - 5804 08 /26/ 08 157 . 00 OPERATING SUPPLIES 02 MONEY ORDERS FOR BACKGROUND * * COMMENT * * 03 CHECKS * * COMMENT * * INVOICE TOTAL : 157 . 00 VENDOR TOTAL : 2 , 657 . 00 YORKSCHO YORKVILLE SCHOOL DIST # 115 073108 08 / 06 / 08 01 TRUST & AGENCY- MAY - JULY 95 - 000 - 78 - 00 - 9011 08 /26 / 08 55 , 758 . 82 SCHOOL LAND CASH PMTS 02 LANDCASH * * COMMENT * * INVOICE TOTAL : 55 , 758 . 82 VENDOR TOTAL : 55 , 758 . 82 TOTAL ALL INVOICES : 1 , 588 , 338 . 06 P36 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 8/16/2008 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION $ 18, 841 .81 $0. 00 $ 18 , 841 .81 $ 1 ,447.95 $ 1 ,432 . 51 $21 ,722 .27 FINANCE $122411 .92 $344.79 $12,756 .71 $992.48 $947.48 $ 14,696 .67 COMMUNITY REL. $2,918.00 $0.00 $2 ,918.00 $ 194. 50 $223.23 $3,335.73 ENGINEERING $15,885.37 $0.00 $ 153885. 37 $ 1 ,235. 90 $ 1 ,204.54 $ 18,325.81 POLICE $85,429.69 $2,082. 04 $87,511 .73 $632.53 $6,651 .92 $94,796. 18 COMMUNITY DEV. $ 13,648.20 $0. 00 $ 13,648.20 $1 , 061 .83 $ 1 ,038.34 $ 15,748.37 STREETS $109487.48 $346.86 $10,834. 34 $792. 18 $825. 14 $ 12,451 .66 WATER $13,722.91 $501 .25 $14,224. 16 $ 1 ,005. 02 $1 ,080.86 $ 16, 310.04 SEWER $5,992.41 $225.41 $6, 217.82 $382. 17 $469 . 54 $7,069. 53 PARKS $18,294.31 $0.00 $ 18,294. 31 $ 1 , 173 .28 $ 1 , 399.51 $20, 867. 10 RECREATION $21 ,675.23 $0. 00 $21 ,675.23 $1 ,299.53 $ 1 ,657 .25 $249632.01 REC. CENTER $9,663.63 $0.00 $9,663.63 $ 176.79 $739.28 $ 10, 579.70 LIBRARY $ 16,275.75 $0.00 $ 16275.75 $494.92 $ 1 ,245. 10 $18,015.77 TOTALS $245,246.71 $39500. 35 $248,747.06 $10,889.08 $ 18,914.70 $278,550.84 TOTAL PAYROLL 8/16/2008 $278 , 550. 84 TOTAL INVOICES 8/2612008 $ 1 , 588 , 338 . 06 TOTAL DISBURSEMENTS $15866,888.90 P37 C/p` Reviewed By: Agenda Item Number Z J T Legal ❑ LUJv3UU �eQUC-Sj Finance ❑ EST. , �`,:, 1836 Engineer ❑ Tracking Number ®, City Administrator ❑ ^ ®�O Consultant ❑ ZkE iV Agenda Item Summary Memo Title: Water Billing Outstanding Accounts and Water Shut-Off Policy Meeting and Date: City Council — Aug. 26, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Alderman Joe Besco Name Department Agenda Item Notes: This item was requested by Alderman Besco for discussion, with the consent of Alderperson Spears and Alderman Golinski. Attached are the City's current water billing and shut-off ordinances from the City Code book. Sterling Codifiers, Inc. Page 1 of 1 7-5-5-2: BILLS FOR SERVICE; DELINQUENCIES: A. Rendition of Bills; Payment: Bills for water furnished shall be mailed on or about the first days of July, October, January and April of each year, and all bills and charges for water rents and other services are payable at the office ofthe City Treasurer or Collector. (Ord. 1982-9, 3.25-82) B. Delinquent Bills: All charges for water shall be due and payable on rendition by mail of a notice of amount to the owner or tenant and shall become delinquent at the expiration of thirty (30) days from said date of mailing, and for the purpose of enforcing the lien as provided by statute, the fortieth day following the first day of the respective quarter is hereby fixed as a delinquency date. (Ord. 1982-9, 3-25-82; 1994 Code) C. Shut Off of Water for Nonpayment; Turn-On Fee: Ten (10) days after a bill shall become delinquent, the water may be shut off from the premises, and shall not be turned on until all back rentals and charges are paid, together with a five dollar ($5.00) fee for turning on the water when service is located within the City limits; said fee shall be ten dollars ($10.00) plus all back rentals and charges when service is located beyond the City limits. D. Additional Deposit Required: In the event a water user becomes more than ten (10) days delinquent on two (2) or more separate occasions, the user may be required to furnish an additional deposit to the City in an amount equal to one estimated bill or not less than twenty five dollars ($25.00), and twenty five dollars ($25.00) in the case of all other property, and the City may refuse to turn said water on again until the aforesaid deposit has been received. (Ord. 1982-9, 3-25-82) http://sterling.webiness.com/codebook/getBookData.php?id=&section id=136223&keywo... 8/20/2008 Sterling Codifiers, Inc. Page 1 of 1 7-5-5-3: RESPONSIBILITY OF WATER SERVICE CUSTOMER; DEPOSIT: Water service accounts and charges shall be kept in the name of the owner of the property served, except as to property owned by the State of Illinois. Only such owner shall be recognized as the consumer, except where the tenant makes and maintains a deposit of an amount of money with the City Treasurer equal to the estimated water bills for the premises to be served to guarantee payment for water service, but in no case shall such deposit be less than twenty five dollars ($25.00). The deposit shall accompany the application for service. Where no deposits are made or where the deposit is not maintained, the owner of the premises served shall be held responsible for the payment of all water rentals and all other proper charges in connection with water services to said premises. Such payments shall be accepted from tenants if tendered by them, but accepting payments from tenants shall not subsequently relieve the owner of the premises from the responsibility of paying water rentals or other service charges when due or relieve the real estate from the lien hereinbefore provided. Any deposit made upon application for service shall be returned to consumer upon termination of service. (Ord. 1974-69, 10-24-74) http://sterling.webiness.com/codebook/getBookData.php?id=&section id=136224&keywo... 8/20/2008 Sterling Codifiers, Inc. Page 1 of 1 7-5-7: CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMERS: No person, either owner or tenant, who, in changing his residence from one location to any other location served by the water department, shall be given water service until any and all delinquent water rentals which are charged against him at his former place of residence shall have been paid in full, and no water at the new location shall be turned on and, if so, the same shall be turned off until settlement of such delinquent water rental at the former location is made. A charge of five dollars ($5.00) for turning on water and renewing service shall be made, in addition to the payment of the delinquent water rental or charges. (Ord. 1974-69, 10-24-1974) http://sterling.webiness.com/codebook/getBookData.php?id=&section id=136226&keywo... 8/20/2008 Sterling Codifiers, Inc. Page 1 of 1 7-5-8: WATER SHUTOFFS AND TURNONS: A. Authority To Shut Off Water; Nonliability: The city shall not be held responsible by reason of the breaking of any service pipe or apparatus, or for failure in the supply of water. The city, when necessary, without notice, may shut the water off in its mains for the purpose of making repairs or extensions or for other purposes. No claims shall be made against the city by reason of the breakage of any service pipe or service cock, or from other damage that may result from the shutting off of water for repairing, laying or relaying mains, hydrants or other connections. (Ord. 1974-69, 10-24-1974) B. Requests For Water Shutoff And Turnon: 1 . Water Shutoff: Owners or consumers desiring to discontinue the use of water shall give notice thereof, in writing, to the superintendent of public works or the city treasurer or collector, who shall then cause the water to be turned off. Water rents or charges for services shall be made until such notice is given. When water service is discontinued, all water rentals for such service shall become due and payable. When water service is again desired after having been discontinued, a charge of five dollars ($5.00) shall be made and collected before turning on water and renewing service. 2. Water Turnon: In turning on water, the city council or the water department shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other causes. (Ord. 1974-69, 10-24-1974; amd. 1994 Code) http://sterling.webiness.com/codebook/getBookData.php?id=&section id=136227&keywo... 8/20/2008 Sterling Codifiers, Inc. Page 1 of 1 7-7-1 : DELINQUENT UTILITY BILLS: A. Collection Fee For Referred Delinquent Bills: The city council and the mayor have hereby adopted and enacted into law an ordinance requiring the payment of a collection fee for referred delinquent utility bills issued by the city. B. Referring Bill For Collection: In the event a utility bill is not paid within thirty (30) days after the mailing and has, therefore, become delinquent, as provided herein, the city shall have the power, in addition to other powers herein granted, to refer the bill for '.. collection to a collection agency, or other appropriate parties or agencies, for collection. C. Additional Charge Added To Bill: At the time of such referral, the city shall make an additional charge to the user in the amount of twenty five dollars ($25.00), which charge shall be added to the user's delinquent bill. D. Defray Collection Costs: It is hereby determined that such additional charge is reasonable and proper in order to help the city defray its cost of collection. E. Deposit Fees Into Water Fund: The city treasurer shall deposit the fees collected in the water fund. (Ord. 1993-26, 9-9-1993) http://sterling.webiness.com/codebook/getBookData.php?id=&section id=135817&keywo... 8/20/2008 p Clef. Reviewed By: Agenda Item Number 0n Legal ❑ Tess Finance ❑ Engineer ■ Tracking Number City Administrator ❑ �O Consultant ❑ EDC 2008-36A LLE 1V�` ❑ Agenda Item Summary Memo Title: Rush-Copley/Kendall County Memorandum of Understanding Meeting and Date: CC / August 26, 2008 Synopsis: See attached memo Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Memorandum J a 'n To: EDC EST ,, 769E From: Travis Miller CC: Lisa Pickering (for distribution) it lj Date: August 18, 2008 r p� Subject: Rush-Copley and Kendall County Government Center Development — Memorandum of Understanding CE Rush-Copley Offsite Storm Outfall Conveyance Route and Dry Utility Easement This MOU between the City, Kendall County and Copley Ventures memorializes the following: - Kendall County will grant a utility easement as depicted on Exhibit A of the memorandum; - All parties will cooperate to determine the location of an easement and design for an outfall pipe to discharge from the Copley property, across the Kendall County property; - All parties agree to open Beecher Road to the County property via Lot 3 Background: As you are aware, the approved engineering plans for Rush-Copley as well as the recently amended Temporary Stormwater Easement Agreement approved July 8, 2008 requires this development to provide an outfall to convey overflow to the Fox River. Cemcon, Rush-Copley's engineering consultant have prepared a design for this outfall across the rear (south) edge of the Kendall County property and ultimately outfalls to the Blackberry Creek. On July 23, 2008, staff met with Rush-Copley representatives as well as Kendall County representatives regarding the design and alignment and all parties found the proposed solution to be generally acceptable. This alignment will require an easement from Kendall County and all parties have agreed, that since the timing for this improvement is unknown, that the prudent action would be to prepare a memorandum of understanding between the parties memorializing the expectations of each party. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Resolution No. 2008- RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Memorandum of Understanding, Grant of Dry Utility and Storm Water Outfall Easements by and among Copley Ventures, Inc., County of Kendall, Illinois, United City of Yorkville and Kendall County Public Building Commission in the form presented to this meeting and attached hereto as Exhibit A is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver same; and, to undertake any and all actions required to implement the terms thereof. 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 BOB ALLEN 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 MEMORANDUM OF UNDERSTANDING Grant of Dry Utility and Storm Water Outfall Easements This Memorandum of Understanding ("Agreement") is made this day of 2008 by and between Copley Ventures, Inc., an Illinois not-For-profit corporation ("Copley"), the County of Kendall, a body corporate and politic and a unit of local government of the State of Illinois ("County"), the United City of Yorkville, an Illinois municipal corporation ("City"), and the Kendall County Public Building Commission ("PBC"). For purposes of this Agreement, Copley, County, City, and PBC may collectively be referred to as "Parties" and individually referred to as "Party." RECITALS: WHEREAS, Copley has constructed a new public roadway generally located near the western boundary of the County's governmental complex south of U.S. Route 34 commonly referred to as Beecher Road ("Beecher Road"); and WHEREAS, Beecher Road will serve as a primary means of access for vehicular traffic to and from the County' s governmental complex; and WHEREAS, Copley has not finalized dedication of all Beecher Road right-of-way to the City, nor has the City accepted the Beecher Road improvements; and WHEREAS, Copley has posted certain letters of credit with the City warranting against Beecher Road defects, which letters of Credit will not be completely released by the City until one year subsequent to City acceptance of the Beecher Road improvement; and WHEREAS, County is desirous to expedite the opening of Beecher Road to alleviate construction and passenger vehicle traffic concerns associated with the alternative John Street access; and WHEREAS, Pursuant to a certain intergovernmental agreement between the City and County dated August 15, 2006 ("Intergovernmental Agreement") the County dedicated approximately .82 acres of land to the City to provide necessary right-of-way for Beecher Road; and WHEREAS, Pursuant to said Intergovernmental Agreement the City agreed to provide for the construction of a storm water outfall pipe to be used by Kendall County at no cost to Kendall County; and WHEREAS, Pursuant to said Intergovernmental Agreement, the City agreed to allow a full access connection to Beecher Road from the Kendall County government complex; and WHEREAS, Pursuant to said Intergovernmental Agreement the County was not required to financially participate in the design, engineering, or construction of Beecher Road, the signalization of the Beecher Road and U.S. Route 34 intersection, or the installation of the storm water outfall pipe; and 136881/1 WHEREAS, In order to provide for the future expansion of Copley' s healthcare campus, which may include a hospital facility providing essential medical services to the residents of the County and City, certain electric, gas, and storm water outfall easements are required from the County; and WHEREAS, the storm water outfall pipe will also directly benefit the County when it seeks to develop additional phases of its government complex. NOW THEREFORE, in consideration of the mutual promises and undertakings set forth in this Memorandum of Understanding, the Parties hereby acknowledge and understand to proceed as set forth: DRY UTILITYEASEMENT 1 . The above Recitals shall be incorporated into this Agreement as if fully set forth in Paragraph 1 . 2. The PBC shall grant a utility easement to provide for, among other things, future expansion of Copley's healthcare campus on terms to be agreed upon by the parties and as generally depicted on Exhibit "A", titled Plat of Easement, prepared by Cemcon Ltd., dated July 29, 2008 ("Utility Easement"). STORM WATER EASEMENT 3. The parties agree that they will work together in a spirit of cooperation to determine the most beneficial manner in which to handle additional discharge of storm water from Copley' s property in an outfall pipe to be located on a portion of the County's Governmental Complex property, and mutually agree to jointly cooperate in determining the specifications and location of any potential storm water easements or discharge areas. BEECHER ROAD ACCESS 4. The City has already approved, at the July 22, 2008 City Council meeting, the Dedication Plat for Lot #3 of the Rush Copley Healthcare Center Plat of Subdivision recorded in Kendall County as Document No. 200700032622 to the City. 5 . Copley agrees to submit to the City a duly executed right of way dedication plat in Mylar form for Lot #3 as well as all necessary supporting documentation. 6. City agrees to accept, sign, and record the Lot #3 right of way dedication plat upon receipt from Copley. 7. Copley, County, PBC, and City agree to open Beecher Road for public access to the Kendall County Government Complex upon PBC approval and execution of this Agreement, and upon City acceptance of the Lot #3 dedication plat, which shall occur no later than Friday, August 15th 136881/1 In Witness hereof, executed hy: The United City of Yorkville By: Its Mayor Attest: City Clerk Copley Ventures, Inc. By: Its President Attest: Secretary County of Kendall By: Chair, Kendall County Board Attest: Kendall County Clerk By: Chair, Kendall County Public Building Commission Attest: Public Building Commission Secretary 136881/1 AREA TA 6 £ PLAT OF EASEMENT MoT EMFNMr - edla s9a/n3M A°. BEING A PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, ETE1 - 3365RaA ORS ARM RANGE ] EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS. EXHIBIT A EYE 2 - IAN $PLANS NICOR EASEMENT LEGAL DESCRIPTION: AN RECENT Fat UNITY RUPERT, BUNG A PART OF THE NORTHWEST WARIER OF SMADIN 29, TOYM91X' A NNW. RAPIDS ) RAW 7 ME TARO MINCWAL MOVIES. IN IRENI COUNTY NJNOS, MORE PAR CUWILY MOOR ) AS FCLLORS CCMI$NCING AT ME WARSAW COVER OF LOT J. IN RUN-COPTS NEILMCME CENTER M ORGAN, PER DOCUMENT 2007=032622. MUMER _ ANDREW A. 21 THdO: WORTH 01 EEGM£5 14 MINUTES CU MOORS NEST, ALONG 111E EASTELY LINE OF SND LOT 3. 523.8 PEST, N ME (ROUTE 3p PONT OF AMONG: THENCE COMMAxG NCRTH D1 DEGREES M SHARES 00 SECONDS WEST ALONG SAID EASIERLT UNE, 110.71 FEE; THENCE -- ) NORM 88 MORRIS 45 MM116 52 SEEMS EAST. $2 GO FEET. MBI4 MORTH M GUAM$ 14 MAN 00 SECONDS HEST. MANUEL MM ME 2007;EASPEEWLY WE EA TH 1 2967 FEET, TO ME CONEW EA T. AL W WAY OR B LY W PER T OOWIMdi 2WMSM]FA M HOOTR NAY BECAME NEW]: MwCE HCRM 12 EASY DEGREES 57 FEEL MEANS T IN EETIMM 12 DE ALONG YAU GLEE42 M4i Of WAY. 117.43 FEET.FROM NORM 14 MOVIES 40 MANES 14 MANEE DST. ]7K MT. MwCE NORM 12 CECADS 21 ENVIES 12 BO SMARTS EAST 4863 FEET. M MI NORM OIL BRIGHT G9 WAY.MINIMUM M RG NORTH 9 DST.M 6263 9 O ES 3 NMM 04 DEGREES 27 SAID V U O RIGHT Of W Y,115,90 21. FEES , ER E SOLAIN ARi1i OF WAY; TENT ES 2 49 CREMES T, MLN25 30 SECONDS EASY ELdC SAID DSRFLY RIGHT Of WAT. 21.20 FEED. MERGE SpPH OV CEaQES 27 14 M CS MW E 1 W B) iLET: ,SPICE SWTX 12 DECREES 57 WHITES B OST FE WEST. 2 MOM H AM MERLE BOOM MI MINUTES I4 NTE B Po MW FE T,r. ME PARALLEL PONT MM ME EASTERLY WE OF SAW LOi J. BOOST FEED MfXQ SCUM B6 GREETERS 45 MIMIIES 5$ 5£0.W05 BEST. MW f¢i. 10 ME PgN M @"GINNN6. iWAUMSE ICOR EASEMENT PR ASIONS xW-«ausll£ DmJwT 1s xERmr REaR\ED FEAR MD E n F TRONI AND OMAN MI ATOM AS SENT 1 (F T 7) LEGAL DESCRIPTION. M1fO lO MGM M9 HEIR REVECn4E 9.ICl£55WS AND k 9R5 WARM ME ARMS SHOW AM WE PEAT AS MICR [fi g \ AN DEMERIT FM WUtt PUAFMM, AM A PART CF ME NORTHWEST WM1W W SECTOR S. 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PARAILfl WM ME FASRAY LIME OF SAM tOr ; 1g1.)2 FEET; THENCE RUM 89 GREASES 45 MINUTES 52 3Ca1M MSi, 25.E FEET, N ME PONT M AND PURPOSES WAGNER WM nlF PONT SI 101H5TELL u� I W� IUII,,'+ BFONMN4 WRw 4RNCE CakECnCN3 Lg9W ME SIFFA[E OF ME F ih::,Ir I, wERtt. 4 k Fg I1� I N MM NI ATI EASEMENT T. A DESCRIPTION ff MORE NNEO wTtt 51EIIwY pMTw WE Rd1i N $ � IM EET VFMI WE EASEMM HWEN MEXICAN FEW ME M EASEMENT FOR MAY PURPOSES. MW A PART OF WE NORTHWEST WARNER Of SEWER 29. T MSMP 37 M]TM. ROM ] EAST OF ME NEW PRXIOPK MGM IN SES NOUN SET MAN AND ME OUGHT N WT. HIM. W d WE MY BEEFS. SNAES CR OTHER PLANTS CUMIN WE 1 I BUREAU, OD NI IWN01% MGM PARTICULNLY DESM®ED AS faLMlk W E CONAiw AS 'M0.W EASEMwP ONST UCHEM. Y ttM1E)taNG AT ME SOUTHEAST EXEMPT OF LOT J. AM flUSN-COPIEY AMMONS MAN Ww &M, PER YOCUM t 2w]OGM2622 REMO NOME M 6, 2007; MwLE M ME UDII FILL INSTMUMM,MAINTENANCE AND M BECAME 07=14 MINUTES Cg AWARDS MAY 31 NEST ALONG ME EAg1EALT LINES 7 MI UTE J, M 815.10 SEGO DS E TO MEND ME Y ID FIGGIT OF MFT WAY PONT F WAY fl0A0 PER SM MMWN, RES AM D T, M E APPLNCE AN ` $�j OWMwr OF 8E MWI HEMS MAY JL MEIN MERGE NORM 12 KNEES 5] MINUTES AS SECONDS DST,GREG RA EL DICE GSERY MI OF WAY. 168PFEET i0 wANW V TEAR UNCERCAPMD MMSW59OR MO c8m I' CO PONT MM; BNCE ALONG MACE SSE A ME OFF A D DEGREES ] MXU 51PoWiW SYSTEMS AM FAGIInES MFLnTENANi 1 mW�� I. E66.E 5 lE5 Po SECLNOS DST, ALMG ME S.W DSIERLY PoCHi OF WAY. 21.92 REST, TO A PONT g OF fREN. M EVER DDS DES SMALL BE IXMTRCEE Dj_ F TURNS OF MwfE ALONG A S 42 SERUM RU ME 2 SE MO EA T, TO A PONT OF WAY, HAM M A AEPAUS Po 40w.w FEET M ARC ,SHEATH AN 75505 FEET AND A VEGAS . VPM. 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AT&T URGE AND JWFS M1ERGE&E INC. / IMI It LEGEND SMALL BE NOMDUNLY MSPPI901E N MEADOW AND RERMF ANY LANDSCAPE FGHIMG$ I DIAGRAMS, PMMR LOT NW DIAMNAY PAYMENTS. MANDATE SOUS AND OMER IMPEO MT a S� n I 1 Frs° L "C D.MAgA OR RfNOAID WRING ME CEASE OF NSTAWXC AN MANGNWG DM UR OWXD cu CAS NT 1NANSRSAW MX MOO ATM SYSTEMS. WM A LEE AW MD N A UPS MONARCH OR BETTER. I DeuuN en M woexr MT.C.I MT. OWNERS CERTIFICATE COMALINE xxrrN aIR DF wr FEE ny \ }y IODAE OF RUNdS 3 N ;,9 yIs In *� COUNTY W KENDALL)rs X�D Ero I L5 0 FLl x ^ ] THIS MS TO Cal MAT SCSI COUNTY PUBLIC BNLMNG COMMISSION AND KENDALL 49 yCCe Ii ISO ° COUNTY ME ME COVERS OF ME PR ARTY DESCRIBED HEREON AND DOHS) W WNGLY GIANTS AND APPR0AAR ME PLAT CF EASEMENr AS DESCRIBED HEREON. FIX 0 $ �a I5 DATED AT � ILLINOIS. MI5 __ DAY CF ____ 2008. 0w g ( I� BT. � ` hlgl KENDALL COUNTY eoARO wATMAN r KENDALL CWNtt PUBLIC BUILgNG COMMISSION CHAIRMAN XM / \ I 12502 E V W 6 NOTARY'S CERTIFICATE STATE IEI IWNM$ I COUNTY es A NOTARY PUBLIC IN AND FOR SAME COUNTT IN ME STATE AFORESAID. DO HVMY MANY THAT / AND ARE PERSDMALLY KNOWi TO ME TO BE ME SAME PERSONS WHOSE NAMED ARE 1 Lm0Y5'S3'W EUEEWMBED TO ME FOREGMNG INSTRUMENT. AS MOTHERS. SPEARED BEFORE ME MIS 25.E DAY M PERSON AND ACKNOWLEDGED MAT THEY SIGNED AND DELIVERED ME SAID W INSTRUMENT AS THEN OWN PINES MO KRVNTMY ACTS, FOR ME USES AND PARROT$ I 'J THROW SET FORM. NOR V W @ WRIN LONGER MY HAND AND NOTARIAL SEAL THIS DAY GI WM y ; e2 LSL __ 2008. WM Go So XJ 0G NOTARY PUBLIC MY COMMISSION EMPIRES So E 44 KENDALL COUNTY RECORDER'S CERTIFICATE STATE OF ILLMD1z2ef <OONtt OF KERLLLS ) I POINT OF COMMFNCSMENT THIS INSmuAFNr DOS FILED WR RECORD IN THE ER RECORDER'S OFFICE U KENDALL COUNTY, IL INOM _ DAY OF SOJM LM 3 N EGOS AT � ..W MD WAS RECORDED IN GOODS K FLATS ON NEW _. OMALL COUNTY RECIXAEA LL ND NOTES IN FEET A ALL WASOR�TS ARE RADIO. NOTE MENEOF. DIMENSIONS DATA PER PIRSO TOTLE ew Atom ry G . ALL , A Muaunm ALL "S�TS ARE M® axAxrED "LESS rMlse NOTED TELECOMMUNICATIONS U�W mR NO ISIOSOM Le IL EE WMEePROS FOR I I SURVEYORS CERTIFICATE TOM SEAPIMS MIAMI ARE USED URM TO STATE Of WHOM } COUNTY Of OUNCE f® PREPARED Bl: LLINCIS STATE SAW (MORDINATE ILLINOIS EAST OEM K.A.M U. EYFWN MIS IS N CWnY THAT 1. MCHAR C. MEMORY. MIWNaS £ ::° CEMCON , Ltd . F.I.P. . Fwn IRM PIK I PROFESSIONAL LAND SURMWR. HAY PREPMD ME PUT OF MOMENT Conaultln9 En9lneers. Lane Su k Pbnnen FOR ME POVERTY OERAIBED 1fAEON AR MAT THE FLAT ^^Yore ACCURATELY MNCM SAID DSwENt = 2280 WHITE ONO CIRCLE SURE 100 AURPM. IWNMS W502-9675 GON ANN MY HAD AR SEAL M6 OMAN DAY OF ALY TOM. PH: OEM) 562-21M FAX: UM) 862-2199 e-mail: caCGOcemcomcom d5C NO. : 903667 Fla IMME : %AT OF DUE ILUWS PROFESSIONAL LAND BRYAN NO 3275 CPAWN BY : MAC FD. M. / PY. N0. : N/A MY MONARCH EXPIRES ON NMflceEA 30. 3M0 COMPIkTON ANTE : 07-29-08 JOB NO. : 90]66) PRaRED?& OESd FARM UCENSE ND: T81-OOL9A PMiE59Wk FIRS LIRE «PMU SPoL M. MR) Up�rghtElYWOM GR.m. Ltd. AN nont. ,. `0E0 CIT/ Reviewed By: Agenda Item Number J2 P �cc Legal 2 Es7 raac Finance ❑ Engineer ■ Tracking Number t y City Administrator ❑ 0 O Consultant ❑ EDC 2008-36B Agenda Item Summary Memo Title: Kendall County Maintenance Agreement for Rush-Copley Lot 3 (Beecher Dedication) Meeting and Date: CC / August 26, 2008 Synopsis: See attached memo Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Q o� Memorandum To: EDC essr ' 1836 From: Travis Miller CC: Lisa Pickering (for distribution) Date: August 18, 2008 �2 Subject: Rush-Copley Lot 3 (Beecher Dedication) Maintenance Agreement Beecher Road — Kendall County Access As you are aware, Rush-Copley has convey to the City of Yorkville a narrow strip of land (platted as Lot #3) between the Beecher Road right-of-way and the western property boundary of the Kendall County Government Center. This land strip was necessitated due to the Beecher Road right-of-way being located outside of the YBSD sanitary sewer easement which parallels the Rush-Copley eastern property boundary. In order for the County access drive to connect to Beecher Road, it must cross this strip (Lot 3). The City, upon conveyance, owns Lot 3, however, it is physically on the County's side of Beecher Road and is most practical for the County to maintain (essentially only mow) this area. In order to clarify the responsibility of each parry, staff has suggested the intergovernmental agreement. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Resolution No. 2008- RESOLUTION APPROVING MAINTENANCE AND PUBLIC EASEMENT AGREEMENT BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Maintenance & Public Easement Agreement by and among Copley Ventures, Inc., County of Kendall, Illinois, United City of Yorkville and Kendall County Public Building Commission in the form presented to this meeting and attached hereto as Exhibit A is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver same; and, to undertake any and all actions required to implement the terms thereof 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 BOB ALLEN 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 July 24, 2008 MAINTENANCE & PUBLIC EASEMENT AGREEMENT This MAINTENANCE AGREEMENT is made this day of , 2008, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and the PUBLIC BUILDING COMMISSION OF KENDALL COUNTY, ILLINOIS ("PBC"). WHEREAS, COPLEY VENTURES, INC., an Illinois not-for-profit corporation ("Copley Ventures") is the owner of the property legally described as Lot 3 of the Final Plat of Subdivision for Rush-Copley Healthcare Center, being a part of the Northeast Quarter of Section 30, Township 37 North, Range 7 East of the Third Principal Meridian, in Kendall County, Illinois with PIN number 02-30-200- 17 ("Subject Property"); and WHEREAS, the City has accepted dedication of the right of way on the Subject Property in fee simple from Copley Ventures to provide a means of egress and ingress for vehicular traffic to and from the Kendall County complex to Beecher Road. (See Plat of Dedication attached hereto as Exhibit A). NOW THEREFORE, in consideration of the terms and conditions contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: a) The above recitals are hereby incorporated by reference and shall be considered material and binding provisions of this agreement; b) Nothing contained in this Agreement shall affect the rights of the Yorkville/Bristol Sanitary District conveyed in easement recorded December 14, 2004, and bearing document number 200400034866; C) The initial grass seeding of the Subject Property shall be performed by Rush Copley Medical Center. d) The City agrees to allow Kendall County and PBC full access for ingress and egress for any and all purposes between Beecher Road and the Kendall County government complex (including but not limited to the Kendall County Courthouse, Health & Human Services and Public Safety 136572/1 Center). Said access shall be an public easement running with the land and the parties hereto and their successors, assigns, and heirs; e) PBC and/or Kendall County will perform routine maintenance on the Subject Property limited to the following: i. Routine grass mowing on the Subject Property; ii. Snow removal at the intersection of the Subject Property and John St. only as shown on the attached Exhibit B; iii. Routine maintenance and repair at the intersection of the Subject Property and John St. only as shown on the attached Exhibit B. f) The parties agree to cooperate in recording this agreement against all proprieties described on the attached Exhibit C. [SIGNATURE PAGES TO FOLLOW] 136572/1 UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its Mayor ATTEST: City Clerk State of Illinois ) ) SS. County of Kendall ) On this day of , 2008, before me, the undersigned Notary Public, personally appeared and respectively known to me to be the Mayor and Clerk of the United City of Yorkville, an Illinois municipal corporation, and executed and acknowledged the Maintenance Agreement to be the free and voluntary act of the United City of Yorkville, for the uses and purposes therein mentioned, and on oath stated that they are authorized to respectively execute and witness this Maintenance Agreement and in fact executed and witnessed this Maintenance Agreement and on behalf of the United City of Yorkville. NOTARY PUBLIC 136572/1 KENDALL COUNTY PUBLIC BUILDING COMMISSION By: CHAIRMAN ATTEST: SECRETARY State of Illinois ) ) SS. County of Kendall ) On this day of , 2008, before me, the undersigned Notary Public, personally appeared and respectively known to me to be the Chairman and Secretary of the Kendall County Public Building Commission, and executed and acknowledged the Maintenance Agreement to be the free and voluntary act of the Kendall County Public Building Commission, for the uses and purposes therein mentioned, and on oath stated that they are authorized to respectively execute and witness this Maintenance Agreement and in fact executed and witnessed this Maintenance Agreement and on behalf of the Kendall County Public Building Commission. NOTARY PUBLIC 136572/1 COUNTY OF KENDALL By: Chairman, Kendall County Board ATTEST: Kendall County Clerk State of Illinois ) ) SS. County of Kendall ) On this day of , 2008, before me, the undersigned Notary Public, personally appeared and respectively known to me to be the Kendall County Board Chairman and Kendall County Clerk, and executed and acknowledged the Maintenance Agreement to be the free and voluntary act of the County of Kendall, for the uses and purposes therein mentioned, and on oath stated that they are authorized to respectively execute and witness this Maintenance Agreement and in fact executed and witnessed this Maintenance Agreement and on behalf of Kendall County. NOTARY PUBLIC Prepared By and Return To: Vincent M. Rosanova, Esq. Dommermuth, Brestal, Cobine & West, Ltd. 123 Water Street, P.O. Box 565 Naperville, Illinois 60566-0565 Ph: (630) 355-5800 136572/1 m cx xF cas,. R ��a _ kvi f �'0r!'�.V1MIC J r - at o PIA T` OF DEDICATION (R{Nj78 : 5aZ , r .,. PAI7XWA4 ' " ,,4 to w, vn '-" A?!. OF Gd?T 9. 6E'N PART OF &;WSH-CODIFY PiMTIMAK OMER 5U9a(Y151�C. 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A.. 64 , 10 i Key — i r va)10 k Area of Maintenance oil } P 1 3 i��t � �s � �•� � i�h rr i EXHIBIT C "Lot 3" — ALL OF LOT 3, BEING PART OF RUSH-COPLEY HEALTHCARE CENTER SUBDIVISION, PER DOCUMENT 200700032622, RECORDED NOVEMBER 6TH, 2007, OF PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 37, RANGE 7 OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS. PIN: 02-30-200-017 "Kendall County Government complex"- THAT PART OF THE NORTH WEST '/4 OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH WEST CORNER OF SAID NORTH WEST 1/4; THECE SOUTH 00 DEGREES, 39 MINUTES, 10 SECONDS EAST ALONG THE WEST LINE OF SAID NORTH WEST 1/4, 429. 15 FEET TO THE CENTER LINE OF U.S. ROUTE 34 FOR A POINT OF BEGINNING; THENCE SOUTH 84 DEGREES, 57 MINUTES, 39 SECONDS EAST ALONG SAID CENTER LINE, 1628.05 FEET; THENCE SOUTH 05 DEGREES, 02 MINUTES, 21 SECONDS WEST, 1320. 13 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER; THECE SOUTH 89 DEGREES, 05 MINUTES, 0 SECONDS WEST ALONG SAID FENCE LINE, 1489.11 FEET TO SAID WEST LINE; THENCE NORTH 00 DEGREES, 39 MINUTES, 10 SECONDS, WEST ALONG SAID WEST LINE, 1481 .95 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN: 02-29- 100-006 "Rush Copley Healthcare Center" - THAT PART OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPLE MERIDIAN DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4, THENCE SOUTH O1 DEGREES 18 MINUTES 14 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 479.42 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34, FOR THE POINT OF BEGINNING; THENCE CONTINUING, SOUTH O1 DEGREES 18 MINUTES 14 SECONDS EAST, ALONG SAID EAST LINE, 1427.73 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 1327.03 FEET; THENCE NORTH O1 DEGREES 13 MINUTES 50 SECONDS WEST, 1308.64 FEET; THENCE NORTH 88 DEGREES 46 MINUTES 21 SECONDS EAST, 245 .00 FEET; THENCE NORTH O1 DEGREES 13 MINUTES 50 SECONDS WEST, 232.61 FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SOUTH 85 DEGREES 29 MINUTES 54 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, 1085 .62 FEET, TO THE POINT OF BEGINNING, ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN: 02-30-200-016 136572/1 C/p` Reviewed By: Agenda Item Number J= 0�6 Legal ❑ E'S 4- 1 �J Finance ❑ EST. , � 7836 \` Engineer ❑ Tracking Number O y City Administrator ❑ Consultant ❑ Pj -2co8 _ 3� <�E Agenda Item Summary Memo Title: Request to amend city code to issue an additional package liquor license— Gas Station at the comer of Rt. 34 & Cannonball Trail Meetin¢and Date: j�/ oun G l 8/d(o ln8 Synopsis: Request to amend city code to allow the Liquor Commissioner to issue a Class B: Package Liquor License to the gas station that will be built at the development located at the corner of Rt. 34 & Cannonball Trail. 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. CIP Memorandum EST, 1836 To: Public Safety Committee From: Lisa Pickering, Deputy Clerk 9 F I Q CC: Bart Olson, Assistant City Administrator Date: August 14, 2008 44,E � Subject: Request for Class `B" Package Liquor License — Gas Station that will be built at the corner of Rt. 34 & Cannonball Trail We have received an application for a Class `B" — Package Liquor License for the new gas station that will be built at the HRM development located at the corner of Route 34 and Cannonball Trail. Per Ordinance No. 2007-62 approved on September 11 , 2007, there is now a limit on the number of package liquor licenses that can be issued. Any new requests for package licenses will go to city council for approval to amend the city code to allow for new locations to be licensed. There are currently eight locations licensed for Class `B" Liquor Licenses and 5 locations licensed for Class `B-1 " Licenses (see attachment #1). Greg Weber, the GIS Coordinator, has provided a map depicting the locations of all of the package liquor licenses for the city (see attachment #2). Approval of this ordinance will bring the total of Class `B" licenses up to nine. The Class `B-1 " licenses will remain at a total of five. *Ie fME&I i -:�4 1 UNITED CITY OF YORKVILLE PACKAGE LIQUOR LICENSES IN FORCE AS OF 8/14/08 BUSINESS ADDRESS CLASSNESCRIPTION Stacked Liquors 121 Saravanos Drive B Beer, Wine, and Liquor Package Only Yorkville Liquors 1925 Marketview Dr. B Beer, Wine, and Liquor Package Only Corner Liquor & Grocery 102 W. Fox Street B Beer, Wine, Liquor Package Only Jewel/Osco 234 E. Veteran's Parkway B Beer, Wine, Liquor Package Only Pride Pantry 302 N. Bridge St. B Beer, Wine, Liquor Package Only Vat & Vine Liquor Store 634 W. Veterans Pkwy, B Beer, Wine, Liquor Suite A Package Only 7-Eleven 1541 -1545 Sycamore Rd. B Beer, Wine, Liquor Package Only Target 1652 Beecher Rd B Beer, Wine, Liquor Kendall Marketplace Package Only Circle K #1272 1421 N. Bridge Street B-1 Beer, Wine Pkg Only Circle K #1277 2001 S. Bridge Street B-1 Beer, Wine Pkg Only BP Products North America 1402 N. Bridge Street B-1 Beer, Wine Pkg Only Speedway SuperAmerica 504 S. Bridge St. B-1 Beer, Wine Pkg Only Aldi Store #47 1610 Bridge Street B-1 : Beer &Wine Pkg Only Proposed Location Gas Station Rt. 34 & Cannonball Trl B Beer, Wine, and Liquor HRM Pro ernes Package Only Page 1 of 1 Legend Liquor License Locations 30 — CLASS i Proposed B 0 ' �$ Proposed B-1 ! i � rY r•i i s r > i 47 ! i i•�. f i 34 o 71 1 1 34 * J21 1 : tzs ; i.._ t.. In LJ \ y! 1 L� M 1 47 71 ! !i iM Oelempraeltleo wfMOUtwemnb w M.r rulbfiMnof Liquor License Locations "�" °�°°�°°`°'°ro' °n °�d� �RpuMeY•ro whnMwwxmeY•tlmYln®e.cu'nOxmMSe,eM .ppepMM1m.e arM u».TMWW, Me Tool lle Mrs, no August fI,2008 wrr+rroe°,apre°eworMpxa,ro me.e..rneam. .unrra carer Taumlx ars Ordinance No. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROVIDING FOR LIQUOR CONTROL WHEREAS, the United City of Yorkville (the "City") is a non home-rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, the Liquor Control Act of 1934, 235 ILCS 5/1 -1 , et seq., (the "Liquor Control Act") sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the regulations pertaining to the sale of liquor as set forth in the City Code of the United City of Yorkville as set forth herein. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. Section 3-3-6 of the City Code is hereby amended by deleting paragraph 3 in its entirety and replacing said paragraph with the following: 3 . Maximum Number Of Package (Class B and B-1 ) Liquor Licenses: There shall be no more than nine (9) Class B liquor licenses at any one time. There shall be no more than five (5) Class B-1 liquor licenses at any one time. Section 2 This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2008. MAYOR 2