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City Council Packet 2008 07-22-08 C/p` United City of Yorkville 800 Game Farm Road Esr ` ,ass Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday, July 22, 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., August 19, 2008 City Hall Conference Room Economic Development Committee: 7:00 p.m., August 5, 2008 City Hall Conference Room Administration Committee Meetin : 7:00 p.m., August 14, 2008 City Hall Conference Room Public Safety Committee Meeting: 6:00 p.m., July 24, 2008 City Hall Conference Room Presentations: 1 . Hometown Heroes — Matthew Woodin 2. Swearing-in of Officer Christopher Hayes 3 . Presentation of AAIM / DUI Awards to Officer Glenn Calvert, Officer Patrick McMahon, and Officer Ryan Goldsmith City Council Meeting Agenda July 22, 2008 Page 2 Public Hearings: 1 . 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. 2. HRM 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. Citizen Comments: Consent Agenda: 1 . ADM 2008-59 Monthly Treasurer's Report for May 2008 2. ADM 2008-62 Resolution of Authorization to Close Old Second Bank Checking Account No. 30001804 - authorize Mayor and City Clerk to execute 3 . ADM 2008-66 Resolution Amending United City of Yorkville Employee Manual Regarding Revised Tuition Reimbursement Policy - authorize Mayor and City Clerk to execute 4. ADM 2008-68 Ordinance Approving the Revision of the 2008-2009 Fiscal Budget for the United City of Yorkville - authorize Mayor and City Clerk to execute 5. ADM 2008-69 Approval for Part-time Employees Mary Garbelman and Future Recreation Center Custodian to Work Over 1000 Hours per Employee Manual Section 1 .4.4 6. ADM 2008-71 Cell Phone Reimbursement for the Mayor — approve reimbursement in the amount of $45. 00 per month 7. ADM 2008-72 City Council Goal Action Plan — City Hall - approve action plan as presented 8. ADM 2008-73 City Council Goal Action Plan — Explore Green Design/Certification for Public Buildings - approve action plan as presented 9. PW 2008-87 Raging Waves (Rt. 47 Watermain Crossings) — Bond Reduction #1 - authorize reduction in the amount of$94, 293. 77, subject to verification that the developer has no outstanding debt owed to city 10. PW 2008-88 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 11 . PW 2008-89 Goodwill Store — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by September 19, 2008 12. PW 2008-90 Beecher Road — Plat of Dedication for Additional Right of Way - authorize City Clerk to execute 13 . PW 2008-91 Rush-Copley Phase IA — Plat of Easement - authorize City Clerk to execute 14. PW 2008-100 Revised 2007-2008 MFT Appropriation Resolution - authorize City Clerk to execute City Council Meeting Agenda July 22, 2008 Page 3 Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of Special City Council / Joint Meeting with Oswego — May 20, 2008 Minutes of City Council — June 24, 2008 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 727,138.61 (vendors) $ 277,587.84 (payroll period ending 7/5/08) $ 1 ,004,726.45 (total) Reports: Mayor's Report: 1 . CC 2008-56 Appointments to Boards and Commissions 2. CC 2008-57 Resolution Regarding Statement of Regional Opposition to the Canadian National Railway Purchase of the EJ&E 3 . CC 2008-58 Request for Sponsorship — YMCA Silver Springs Summer Scamper City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Re o�rt: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Re o�rt: City Council Meeting Agenda July 22, 2008 Page 4 Committee Reports: Public Works Committee Report: 1 . PW 2008-99 City Council Adopt-a-Highway Cleanup Date Economic Development Committee Report: 1 . PC 2008-13 Cross Evangelical Lutheran Church a. Ordinance Approving an Annexation Agreement b. Ordinance Annexing c. Ordinance Rezoning 2. PC 2008-11 HRM Properties & Development, LLC (Cannonball Trails/Courthouse Square) a. Ordinance Approving the First Amendment to the Planned Unit Development and Annexation Agreement b. Ordinance Rezoning Public Safety Committee Report: 1 . No Report. Administration Committee Report: 1 . No Report. Additional Business: Executive Session: 1 . For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES --------------------------- - !PUBLIC WORKS; - - --------------------------- --- ----- --- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderwoman Sutcliff Sanitation and Waste Committee: Alderman Allen City Council Meeting Agenda July 22, 2008 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ----- -- C MI EONOC 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 SAFET- j --- ---------------------------------------------------------------------------------------- Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher --- ----------------------; (ADMINISTRATION; =__°°__°__ -- ------------------------------------ -- - - - -- Committee Departments Liaisons Chairman: Alderman 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, July 22, 2008 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: ------------------..........-....................-..........-.............................----------........... ------------------------ 1 . Hometown Heroes — Matthew Woodin 2. Swearing-in of Officer Christopher Hayes 3. Presentation of AAIM / DUI Awards to Officer Glenn Calvert, Officers Patrick McMahon, and Officer Ryan Goldsmith --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ---.................................................---.............----.................--------------------.............. ------------ l . Cross Evangelical Lutheran Church 2. HRM Properties & Development, LLC --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS : --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: --------..........----............................------------------------------------------------------------------------------------- 1 . ADM 2008-59 Monthly Treasurer's Report for May 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------------------------------------------------------------------------------------------------- -------- 2. ADM 2008-62 Resolution of Authorization to Close Old Second Checking Account No. 30001804 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------------------------.............................................................................. 3 . ADM 2008-66 Resolution Amending United City of Yorkville Employee Manual Regarding Revised Tuition Reimbursement Policy ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. ADM 2008-68 Ordinance Approving the Revision of 2008-2009 Fiscal Budget ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. ADM 2008-69 Approval for Part-time Employees Mary Garbelman and Future REC Center Custodian to Work Over 1000 Hours per Employee Manual Section 1 .4.4 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -------------------------------------------------------................................................................................ 6. ADM 2008-71 Cell Phone Reimbursement for the Mayor ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------------------....................---------------------------------------------------------------- 7. ADM 2008-72 City Council Goal Action Plan — City Hall ❑ Approved ❑ Subject to ❑ Removed ❑ Notes .............-------------------------------------------------------------.......------------------------------------------------------ 8. ADM 2008-73 City Council Goal Action Plan — Explore Green Design/Certification for Public Buildings ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ---------------------------------------...--------------------------------------------------------------------------------------------- 9. PW 2008-87 Raging Waves (Rt. 47 Watermain Crossings) — Bond Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -----------------------------------------------------------...................--------------------------------------------------------- 10. PW 2008-88 Kendallwood Estates — Sitework Letter of Credit Reduction #2 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 11 . PW 2008-89 Goodwill Store — Letter of Credit Expiration ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 12. PW 2008-90 Beecher Road — Plat of Dedication for Additional Right of Way ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 13 . PW 2008-91 Rush-Copley Phase 1 A — Plat of Easement ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 14. PW 2008- 100 Revised 2007-2008 MFT Appropriation Resolution ❑ Approved ❑ Subject to ❑ Removed ❑ Notes .................---------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . Special City Council / Joint Meeting with Owego — May 20, 2008 ❑ Approved ❑ As presented ❑ As amended 2. City Council — June 24, 2008 ❑ Approved ❑ As presented ❑ As amended --------------------------------------------------------------------------------------------------------------------------------------- BILL LIST: --------------------.................------------------------.......................------------.......-------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: -----------------------------------------------------------------------------------------...................------------------------- -- 1 . CC 2008-56 Appointments to Boards and Commissions ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -----------------------------------------------------------------------------------------------------------------------......... ------- 2. CC 2008-57 Resolution Regarding Statement of Regional Opposition to the Canadian National Railway Purchase of EJ&E ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . CC 2008-58 Request for Sponsorship — YMCA Silver Springs Summer Scamper ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/fixture meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ..........-----------------------------------------------..................-..........------------------------------------------------- 1 . PW 2008-99 City Council Adopt-a-Highway Cleanup Date ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: ------------------------....----------------------------------------------------------------------------------------------------------- 1 . PC 2008-13 Cross Evangelical Lutheran Church a. Ordinance Approving an Annexation Agreement ❑ Approved ❑ Subject to ❑ Removed b. Ordinance Annexing ❑ Approved ❑ Subject to ❑ Removed c. Ordinance Approving Preliminary and Final Plat of Subdivision ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes -----------------------------------------------------------------------------------------...-.......................................... 2. PC 2008-11 HRM Properties & Development, LLC (Cannonball Trails / Courthouse Square) a. Ordinance Approving First Amendment to the PUD and Annexation Agreement ❑ Approved ❑ Subject to ❑ Removed b. Ordinance Rezoning ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- `QED C/py Reviewed By: Agenda Item Number T Legal ❑ � � �� , , ; �` esr. less Finance ❑ 1 Engineer ❑ City Administrator F1 Tracking Number 9� �O Consultant ❑❑ PC 2008-13 <CE Agenda Item Summary Memo Title: Cross Evangelical Lutheran Church—Annexation and PUD Zoning Meeting and Date: City Council/July 22,2008 Synopsis: Request for annexation and PUD zoning with a Concept PUD Plan Council Action Previously Taken: Date of Action: n/a Action Taken: Item Number: Type of Vote Required: majority Council Action Requested: Approval of Annexation and Concept PUD Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report The attached Agreement was revised July 17, 2008 and addresses staff comments reported to the EDC on July 3, 2008. D clr, Memorandum 2 O To: EDC -0 From: Travis Miller/Stephanie Boettcher EST. lZ _l _ 1836 CC: Lisa Pickering, Deputy Clerk(for distribution) Date: June 26, 2008 C..� ae O Subject: PC2008-13 Cross Evangelical North Campus (Annexation,Rezoning and M °°Ty �? Concept PUD) <tE Background The Plan Commission reviewed the petition June 11, 2008 and made the following actions: - Motion to recommend approval of Annexation 6 ayes; 0 no - Motion to recommend PUD Zoning subject to addressing staff comments. 4 ayes; 2 no Members voting no stated concerns related to the commercial use proposed on the concept plan, specifically the broad range of uses that could occupy that space as proposed by the PUD. Comprehensive Plan Recommendation for the Property The 2002 Comprehensive Plan proposes Public/Quasi Public land use for the subject property. The Comprehensive Plan for Public/Quasi Public Land Use states: "[Intent] to locate existing City, County and sanitary district facilities, as well as school,park and church properties, cemeteries and other non private land uses. The Comprehensive Land Use Plan Update assumes that these future facilities are allowed within various land use categories illustrated on the plan as deemed necessary by the City...[Design Guidelines]Require all development within the Public/Quasi Public Land Use to maintain the same high standards of site, architectural, and landscape design required of residential, commercial and industrial developments. Include significant buffering in all site designs when located adjacent to residential uses. " Concept Plan The concept plan, requesting a P.U.D zoning, has two land use components, a commercial component at the southwest corner of the parcel and a public/quasi public land use component for the remaining parcel. The commercial component would have uses consistent with the B-3 zoning classification and the rest of the parcel would be consistent with R-2 zoning classification. Religious institutions, within the City of Yorkville, are allowed by right within residentially zoned districts. Although a P.U.D zoning is requested, the zoning requirements for B-3 zoning and R-2 zoning are provided as a reference for the individual components of the P.U.D. 1 Staff Comments and Recommendations: • While the overall Concept Plan is not entirely consistent with the Comprehensive Plan land use recommendation due to the commercial component, the zoning classifications identified within the P.U.D are consistent with the surrounding properties' current zoning; • Design Guidelines from the 2005 Comprehensive Plan should be considered for this development,particularly focusing on one architectural style to serve as a cohesive element. The design should be residential in character and reflective of the surrounding neighborhood's architectural style. Staff recommends incorporating these guidelines into the Annexation Agreement; • Staff recommends a trail along the northern property line connecting Grand Reserve to New Life should be included on the Concept PUD with a provision addressing the timing of construction in the Annexation/PUD Agreement; • The City's parking ratio for religious institutions is 1 parking spot for each 6 seats and adequate space provided for any buses used in conjunction with the Church. The number of seats associated with the church was not provided so staff is unable to confirm that adequate parking is being provided. The location of the proposed parking meets the City's parking location requirements. • In other day care proposals, the off-street parking requirements for a day care facility were established by Anna Kurtzman, Zoning Coordinator, as 1 parking spot per employee plus 1 parking spot per 10 students. Staff has not received information detailing the number of employees and students at the facility. It is requested that the petitioner provide the number of employees (teachers and administrative) and students to staff in order to confirm that adequate parking is being provided. • The proposed ROW for Mill Road is 100 feet. A 50-foot dedication should be required as a provision of the annexation agreement and be dedicated upon annexation; • Grande Reserve Unit 28 (a.k.a. Neighborhood 4) has a proposed private roadway intersecting Mill Road about 240 feet west of the east property line of Cross Lutheran Church. The proposed Cross Lutheran entrance, which is also presumed to be private, is shown about 530 west of the east property line. Even though these side roads will be private, they will function similar to public streets, and therefore staff recommends that the spacing between them be 400 feet. As shown they would only be 290 feet apart; • Grande Reserve Unit 20 (a.k.a. Neighborhood 2) is directly east of the Cross Lutheran property. Unit 20 will have single-family homes backing up against the northern half of the Cross-Lutheran property. Landscape buffer a minimum of 30 feet wide should be provided along this boundary; • Grande Reserve Unit 20 also has a stormwater basin adjacent to the southern half of the Cross Lutheran property. Staff recommends the owner explore the possibility of cooperating with the Grande Reserve developer to enlarge this basin to satisfy their stormwater detention requirements; • Grande Reserve Unit 20 has stubbed an 8"watermain to the NE corner of the Cross Lutheran property. The proposed stormwater basin blocks the extension of this watermain. The watermain should be extended through the Cross Lutheran site and south to the 16"watermain on Mill Road. 2 Special Use: A daycare facility is currently operated on the property and the petitioner plans to continue this activity once annexed to the City. Daycare is a special use and staff recommends the Plan Commission consider the following criteria when formulating a recommendation of this annexation request: Special Use Standards (10-14-6 of Zoning Ordinance) F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) Annexation Agreement The proposed Draft Annexation Agreement is attached for your reference and review. A public hearing regarding the agreement has been scheduled for July 22, 2008. Staff is currently reviewing the agreement and will provide a report/comments prior to the public hearing. 3 � I1 1 t ,r Cross ` Lutheran Property 1 _ , a � _ 1." _ -A L J L ;h I s 1 •. } 41.. IL Ir 3 �� URIBIT ''n" Exhibit from New Life Church Annexation Agreement Alt � � I �= v i 4� ••[ l ! j z Y�Big E � 3�• I zo p �! f J ! CN I ? �. $ f 1 ."`� = L sue' .., -• .=`; � z U I �p a zv�� i f Ca IL 0 Cr cc ¢ \'. -j 11 ` o � Q/ L-1 1 o 0 o�_' (7 r ,s ZmW 4 \ wz (7 rc,�� O d t � � t� i L CO \ \ \ 60- LO meta l W R: LD K U u � flc Q U) ca W • v i . t z Iwo Uj i i 3 Draft: 06/25/08 Staff Comments 7/15/08 ANNEXATION AGREEMENT (CROSS EVANGELICAL LUTHERAN CHURCH) THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered into as of this day of , 2008, by and between CROSS EVANGELICAL LUTHERAN CHURCH, an Illinois Not For Profit Corporation, owner of approximately 25.00 acres of property at 7481 Mill Road in Kendall County, Illinois, Permanent Index Numbers 02-11-400- 006-0000 (hereinafter collectively referred to as "OWNER" and as "OWNER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY")by and through its Mayor and Aldermen ("Corporate Authorities"). OWNER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". 120461/1 1 RECITALS: A. OWNER is the owner of record of a certain parcel of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a church, daycare, community center facilities and related uses along with other business uses. C. OWNER desires to proceed with the development of a church facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNER proposes that the SUBJECT PROPERTY be zoned as a Planned Unit Development ("PUD") under provisions of the City Zoning Ordinance ("Zoning Ordinance"), with uses consistent with the R-1 One-Family Residence District and B-3 Service Business District, as limited by this Agreement, as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit"B". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on June 11, 2008. The Plan Commission concluded their deliberations on this case at their June 11, 2008 meeting. City Council conducted the public hearing on the annexation agreement on July 22, 2008. F. The CITY and OWNER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and 120461/1 2 development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each parry agrees that it is in the best interests of the OWNER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a PUD in conformance with the United City of Yorkville Comprehensive Plan. (ii) Each parry agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. 1. It is the desire of the CITY and the OWNER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNER and its representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith to be approved by the City Council upon the 120461/1 3 following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the Planned Unit Development District, under provisions of the Zoning Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 3. SITE DEVELOPMENT OWNER agrees that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement. A. CITY agrees that all signs which are permitted under Title 8, Chapter 11 of the CITY code book shall be permitted within the Subject Property. Furthermore OWNER shall be allowed to construct permanent stone entry monuments upon the Subject Property. Such Monuments shall be permitted at the entry points and not within any easements. B. OWNER shall be allowed to illuminate the church steeple and parking lots within the R-1 portion of the Subject Property, provided, however, that the illumination is zero foot candles at the Subject Property line. C. OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards along all perimeter boundaries of the subject property including a landscape bufferyard along the eastern property 120461/1 4 boundary which is adjacent to a residential use conforming to Title 8 Chapter 12 of the CITY code book Section 2.2.a. D. OWNER/DEVELOPER shall incorporate and apply to the B-3 Commercial portion of the Concept PUD Plan, all `Site Planning Principles' as defined by the CITY's "Comprehensive Land Use Plan Update Southern Study Area" Design Guidelines a copy of which sections are attached in Exhibit `B" hereto and made a part hereof. 4. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property("Permitted Modifications"). (A) The existing church and child care use on the Subject Property shall continue. OWNER shall be allowed to expand the church and child care facility upon that portion of the Subject Property zoned in the R-1 District (the "Loving Arms Expansion"), as generally shown on the Concept Plan, attached hereto as Exhibit C and subject to final engineering approval by the CITY. The Loving Arms Expansion's design shall be consistent with the existing building. Such facility built upon the Subject Property shall be allowed to be built to a maximum building height of fifty-five (55) feet. The Loving Arms Expansion construction shall be Phase I of OWNER's development of the Subject Property. (B) OWNER shall be allowed to construct a Community Center/Worship Center/School Facility on the approximately 10.14 acre parcel shown on Exhibit C, to a maximum height of fifty-five (55) feet, and subject to complying with the CITY's ordinances, including, but not limited to, parking, setbacks, lighting and landscaping as well as the Design Guidelines from the CITY's 2005 Comprehensive Plan. The church steeple shall have a maximum height of one-hundred and ten (110) feet. This construction shall be Phase II of OWNER'S development of the Subject Property. (C) OWNER shall be allowed to construct, maintain, and operate an outdoor recreation facility located within the R-1 area of the Subject Property. Such outdoor recreation facility may include paved surfaces and equipment necessary for skate boarding, inline skating or 120461/1 5 for any other outdoor recreational activities which the OWNER may wish to engage in upon the Subject Property. Such outdoor recreation facility shall be constructed, operated, and maintained by OWNER'S and will comply with CITY building and safety codes. (D) OWNER agrees that the uses listed in Exhibit D to this Agreement shall be the permitted uses in the B-3 Service Business District portion of the Subject Property. Nothing in this paragraph or Exhibit D shall be construed to prevent OWNER from prohibiting in its sole and absolute discretion other uses in R-1 or B-3 portions of the Subject Property. 5. UTILITIES, EASEMENTS, DEDICATIONS AND PUBLIC IMPROVEMENTS. OWNER agrees that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY development regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNER except as otherwise provided in this Agreement. OWNER agrees to the following: (A) Upon annexation, OWNER shall dedicate a portion of the SUBJECT PROPERTY along Mill Road such that grant the linear distance from the centerline of Mill Road north is fifty feet (50'). OWNER shall pay the cost of surveying, preparing and recording the dedication. (B) As part of OWNER's Phase II construction, or upon request by the CITY, OWNER shall grant a 10' wide trail and water main easement along the northern portion of the Subject Property, approximately as shown on Exhibit C. A party other than OWNER shall pay the cost of surveying, preparing and recording the easement, as well as any construction required to install the water main. The easement shall be part of the required landscape buffer. (C) OWNER agrees within 45 days of a written request from the CITY, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. (D) Owner agrees within 45 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 of future highway or road right of 120461/1 6 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 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, existing or proposed buildings and related parking, or the overall ability of the Owner to safely and with quiet enjoyment use the Subject Prope , for its intended purposes. 6. SECURITY INSTRUMENTS. A. Posting Security. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the land improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY, if any. The OWNER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the land improvements required to be constructed under this Agreement comply with CITY approved plans, specifications, and ordinances, shall approve all such public improvements, 120461/1 7 all in accordance with Section 21 of this agreement, and shall accept their dedication subject to the OWNER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. The procedure for acceptance of improvements shall comply with CITY ordinances. OWNER warrant that all land improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNER shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in the event that any construction or build out activity within any Phase of the development of the SUBJECT PROPERTY is determined to have damaged any land improvements previously installed by OWNER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNER shall promptly commence to repair or replace any and all land improvements so damaged. C. Reduction of Surety Within sixty (60) calendar days after (a) receipt of notice from the OWNER that certain of the land improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall, within said sixty (60) calendar day period, be set forth in a written notice to the OWNER. Upon the OWNER'S correction of the punch list items set forth in said notice, the City Engineer, at the OWNER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within sixty (60) working days of receipt of the OWNER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the OWNER and accepted by the CITY the Security Instruments deposited by the OWNER with the CITY, if requested by the OWNER, may be proportionately reduced or released on an individual phase- 120461/1 8 by-phase basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release the last ten (10%) of any Security Instrument provided hereunder until all warranty obligations of OWNER secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements. All improvements for Phase I, Phase II and any other future phases identified, will be determined during the Preliminary Engineering approval process for each Phase. It is anticipated that during Phase I of construction, OWNER shall construct the Loving Arms Expansion, as shown on Exhibit B. Simultaneously with the construction of the Loving Arms Expansion, Owner shall construct the expanded and modified parking lot and additional stormwater retention, if necessary. All other required onsite improvements shall be constructed as part of the Phase II construction. OWNER has provided adequate road access (i.e. gravel course or paved roads)to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. E. Utility Permits The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of a party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4) the IEPA and the Fox Metro Water Reclamation District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits 120461/1 9 prior to CITY approval of final engineering plans. OWNER acknowledges that the CITY signatures on the IEPA permit applications do not constitute final plat or plan approval. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER undertakes development activities pursuant to the provisions of this Subsection 5. 7. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, property owner association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER during said five (5) year period. The CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the approval of this agreement. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior 120461/1 10 governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by OWNER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. 9. BUILDING CODE. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property; provided, however, that OWNER shall not be required to make any modification to the existing building in the event that it does not conform to the building code currently in effect. 10. FEES AND CHARGES. During the first five (5) years following the date of issuance of the first building permit, the CITY shall impose upon and collect from the OWNER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement. At the expiration of this five year term, the CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the permit, impact, license, tap on and connection fees and charges in order to comply with the new regulations. 11. FEES APPLICABLE TO THE R-1 AREA. As of the date of this Agreement it is the intention of the Parties that the portion of the SUBJECT PROPERTY described as R-1 will have non-residential uses. However if the OWNER chooses to build any type of residential housing unit upon the SUBJECT PROPERTY then the OWNER will be subject to amending this Agreement and all CITY development fees applicable to residential developments including, but not limited to, building permit fees, donations, impact fees, dedications for school and park sites, and other CITY requirements for residential developments shall be incorporated to said amendment. 120461/1 11 12. CONTRIBUTIONS. The City shall not require the OWNER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Mill Road and at such other locations within the corporate limits of the CITY as OWNER may designate subject to sign permit review and issuance by the CITY. Development identification, marketing, and location signs shall be in compliance with the sign regulations of Title 8, Chapter 1 I of the CITY code book. 14. CONSTRUCTION TRAILERS. OWNER may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. 15. CONTRACTOR TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 16. OVERSIZING OF IMPROVEMENTS. 120461/1 12 A. Recapture Agreement. In the event the CITY requests the OWNER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit other properties, then the CITY agrees to adopt recapture ordinances to reimburse the OWNER for such expenses including construction and other costs which may reasonably be expected to be incurred by the OWNER. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement. 18. ONSITE EASEMENTS AND IMPROVEMENTS. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNER in vacating and relocating such easement and utility facilities located therein. 19. DISCONNECTION. OWNER shall develop the Subject Property in accordance with the terms of this agreement, and shall not petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 20. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 21. TRANSFER. OWNER may assign this Agreement without CITY approval, but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY, and upon said assignment and acceptance by an assignee, the OWNER shall have no further obligations hereunder as to the that portion of the SUBJECT PROPERTY so conveyed, but shall 120461/1 13 continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If OWNER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement (excluding rights of recapture) which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance, unless the successor to or assignee of the OWNER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY, the OWNER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the OWNER or the successor to or assignee of the OWNER has provided a substitute letter of credit. 22. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and the CITY. 120461/1 14 C. Total Incorporation. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any parry is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed facsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to OWNER Cross Evangelical Lutheran Church. c/o The Administrative Pastor 8609 Route 47, Yorkville, IL 60560 copy to: Wade R. Joyner 407 W. Galena Blvd Aurora, IL 60506 Fax: (630) 897-9500 If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 copy to: United City of Yorkville Attn: Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 120461/1 15 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability, This Agreement is entered into pursuant to the provisions of the Agreements With Owner of Record Act of the Illinois Municipal Code (65 ILCS 5/11-15.1-1, et seq.) In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and its successors or assigns to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 120461/1 16 I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the Subject Property. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Fox Metro Water Reclamation District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over 120461/1 17 the SUBJECT PROPERTY, the CITY, and the OWNER, including, but not limited to, county, state or federal regulatory bodies. 120461/1 18 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: OWNER: UNITED CITY OF YORKVILLE, CROSS EVANGELICAL LUTHERAN an Illinois municipal corporation CHURCH, an Illinois not for profit corporation By: By: Title: Mayor President Attest: Attest: Title: City Clerk Secretary Dated: Dated: 120461/1 19 LIST OF EXHIBITS EXHIBIT A Plat of Annexation EXHIBIT B Legal Descriptions of the R-I and B-3 portions of the Subject Property EXHIBIT C Concept PUD Plan EXHIBIT D Uses Permitted in the B-3 Commercial portion of the PUD EXHIBIT E Design Guidelines for the B-3 Commercial portion of the PUD 120461/1 20 EXHIBIT A =a !Ili �H 1 � �JU fit@ s U�mna� mom ° ° o0 °nmo_,Qaao n� z000m,o� n ,ocoo�z=oz ommN�m"zN� ao �, n zm�ozAOa°� n o " xa N OC z A� zm a d os esa _..<aoos oA O ao 20 =�a ,m o� n _ y o�oo� an�o� aim _ e3o x rq oozgg e Pnano�oop a,a4 NA a3o;�Am _ as m "mA m" mil € :4 mm sgjeotl o f o El, smg F a EXHIBIT B LEGAL DESCRIPTION: THAT PART OF THE SOUTH HALF OF SECTION 11,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF "STORYBOOK HIGHLANDS,UNIT NO.2,BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS"; THENCE SOUTH 00 DEGREES 07 MINUTES 45 SECONDS EAST 1469.90 FEET TO THE CENTER LINE OF MILL ROAD; THENCE NORTH 80 DEGREES 31 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE,788.26 FEET; THENCE NORTH 00 DEGREES 07 MINUTES 45 SECONDS WEST 1332.31 FEET TO THE SOUTH LINE OF SAID UNIT 2; THENCE NORTH 89 DEGREES 25 MINUTES 00 SECONDS EAST ALONG SAID SOUTH LINE,777.25 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP, KENDALL COUNTY,ILLINOIS. 120461/1 21 EXHIBIT C =a RT.30 §LJ SI E 9, v MpC � a �� Q 658 � i b �o f COMMUNITY CENTER / WORSHIP CENTER 10.14 AC. co cp Go) OPEN SPACE r 2.20 AC. 6� 3 / I A i RETENTION 4.26 AC. B-3 ZONING 4.14 AC. ,- U rn ' C-11 6 LOVING ARMS 65 656 CHILDCARE LARMS EXPANSION EXPANSION r�3 � 12,600 sq. it 3.27 AC. �j i = COI f III NAL TRAIL Land Use Summary Land Use Acreage Percent -_- Loving Arms Expansion 3.27 ac. 13% I �- Comm. Center/Worship Cen. 10.14 ac. 41% B-3 Zoning Parcel 4.14 ac. 16% N° h Retention 4.26 ac. 17% Cross Evangelical Lutheran Church Open Space 2.20 ac. 9% g •, External R.O.W. 0.99 ac. 4% Owner/Developer Total Gross Acres 25.00 ac. 100% 8609 Route 47 0 60' 20' 240' Yorkville, IL 60560 Scale: 1" = 120' SEC Planning CONCEPT PLAN North Date: May 21, 2008 Planning •Landscape Architecture •Community Branding C RO S S LUTHERAN CHURCH SHEET FILE:2:\2005 Jobs\050358-CROS\Cadfles\Concept Plan\concept i_north.dwg TEXAS•ILLINOIS•GEORGIA Base mapping compiled from best available information.All map [630.553:1.. (630.553.]646 YORKVILLE, ILLINOIS data should be considered as preliminary,in need of verification,and .—w pfanningcom . inf.@.,planning. subject to change. This land plan is conceptual in nature and does not represent any regulatory approval. Plan is subject to change. EXHIBIT "D" Cross Evangelical Lutheran Church -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: (net„°fmifte' e) OFFICE DISTRICT (0) Advertising agency. Barber shop. Beauty shop. Bookkeeping service. 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. Tieket o ffi e Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74) Special Uses Solid waste disposal site (Ord. 1973 28 r1974; mia. Ord. 1995 zn, 10 - LIMITED BUSINESS DISTRICT (B-1) All uses permitted in the O district. Antique sales. ApaFtments, Bakery-retail. Barbershop. Beauty shop. Bookstore. Cafeteria(diner). Camera shop. Church or other place of worship. Cigar-, eigare#e and tobaeeo store. Clothes -pressing and repair. Club private-indoer-. Club private r. 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. Magazine and newsstand. Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. S4sta4ion. Swimming pool - indoor. Tennis club -private or daily fee. Trailer. (Ord. 1973 56A, Z 28 1974' ^iid. 1994 Code; n�.d. 1994 !A, 2 10 r1994; Ord. 2003 41, 7 22 2003) GENERAL BUSINESS DISTRICT (B-2) All uses permitted in the 0 and B-1 Districts. Appliances - sales. Army/Navy surplus sales. Art gallery- art studio sales. Art supply store. Audit ei Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parlor. Blueprint and photostat shop. Bowling alley. 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. Beat 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. Skatingr-ink. SpeAs T., ab g Tennis court- indoor. T, ile rental. Tmek sales and serviee. 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) EXHIBIT E Design Guidelines Site planning PNinciples Site Planning Principles The Site Planning Principles address issues that affect the way that individual sites should be developed in order to blend in with the existing character of the City. PRINCIPLE 4: Incorporate existing site conditions into development plans PRINCIPLE 5: Provide a sense of architectural interest and unique identity throughout the City PRINCIPLE 6: Enhance pedestrian experience and establish sense of place through careful design and location of open spaces PRINCIPLE 7: Thoughtful consideration of vehicular and pedestrian circulation within individual developments PRINCIPLE 8: Appropriate design of parking lots, utilities, service areas and detention areas to reduce the negative impact of typically unattractive site components ■ Desirable Elements: The following elements shall be incorporated into development within the City: ■ Richness of building surface and t, • texture „ Ai _ ■ Articulated mass and bulk A ■ Clear visibility of entrances a. ■ Well organized commercial , f; signage ■ Landscaped and screened �!4� parking .' ■ Special paving identifying ` intersections and crosswalks ■ Pedestrian friendly streetscapes _t and open spaces .f� s11#7= -. t • Thoughtful consideration of circulation • Screening of mechanical ` equipment, service areas, parking Richness of building materials creates visual interest lots and any undesirable elements • Step-down of building scale along pedestrian routes and building ;_r entrances ■ Recognition of building hierarchy Formal entry plazas and courtyards ■ Detention used as an amenity q ■ Existing trees incorporated into } development - ■ Multi-planed, pitched roofs ■ Roof overhangs and arcades ■ Provide defined entrance roads into developments and provide adequate vehicle storage bays at egress drives Landscaping softens the view of parking Ulv,ited City of N2ok-kville. Comp-e(lensive Lctnd Ihse. Plan I.Apdafe 9 EXHIBIT E Design Guidelines Site Planning Principles ■ Undesirable Elements: The following elements are discouraged in developments + _ within the City: ■ Concrete detention basins ■ Large, blank, unarticulated wall surfaces r4 • Visible outdoor storage, loading, equipment and mechanical areas a Avoid large expanses of parking lots • Disjointed parking areas and confusing circulation patterns ■ Large expanses of parking/asphalt -- s ■ Service areas near major entries and/or that are easily visible from roadway ■ Poorly defined site access points ■ Large"boxlike" structures Avoid large blank wall surfaces PRINCIPLE 4. Incorporate existing site conditions into development plans New development shall protect the existing environmental features throughout the City and minimize the impact of the development on the site and the surrounding land. • Drainage Patterns Proposed site plans shall incorporate existing drainage patterns on site in an effort to avoid significantly altering the manner in which drainage flows offsite. At the time of site plan submittal to the City, a drainage and detention plan must be submitted. The location and type of drainage facilities must be shown. Drainage swage utilizes natural drainage patterns • Topography and Soils • Minimize cut and fill on site to reduce effects upon the natural drainage pattern and natural character of the site. • Minimize disturbance in areas of significant existing vegetation. If necessary for site development, consider using tree wells and retaining walls to preserve existing trees where possible. Work with existing topography to avoid large cut and fill Vrnifecl Gift of Yok-edge Gompye-ke- tisive Laurel LAse McLn LApdafe 10 EXHIBIT E Design Guidelines Sire -Pfcannin9 Ppikl6ples • Development on unsuitable soils is prohibited. Incorporate unsuitable soils into an open space component of the site plan. • Stockpile top soil for later use in landscape areas. ■ Vegetation ■ Preserve existing trees Every effort should be made in I the planning process to incorporate quality, existing trees --- -__ --_ into the site plan design. Any — <r quality, existing tree that occurs = - within the specific buffer yard as required per PRINCIPLE 9 shall remain undisturbed and be protected as part of the landscape buffer. Preservation of existing vegetation as buffer PRINCIPLE 5: Provide a sense of architectural interest and unique identity throughout the City The Architectural standards are provided to preserve and guide `Y the character of architecture throughout the City while allowing for individual architectural interpretation. All architectural proposals must be compatible with the vernacular of the northern Illinois region. in order to ensure compliance with the ` following architectural guidelines, the City requires that building elevations, plans, materials samples, color samples and •. p p O . . . illustrations be submitted for review and approval prior to the commencement of buildin g construction. ■ Buildings Building orientation creates central open Orientation space on axis with the main entry drive Building orientation should take advantage of the building to site relationship. The orientation and location of buildings defines open spaces and circulation corridors. • Align focal architectural elements along major view or circulation axis. • Define pedestrian spaces and _ streetscapes with building orientation. Orient primary buildings on axis and use as focal points LA,►;+ed city of'2c),-kvi le- Gornprekensive Land U.se Plan Vpdafe '11 EXHIBIT E Design C-ALAidelivies Site Planning Principles ■ Create view corridors CONSIDER OPPORNN[SY between buildings, plazas, FOR VIEWS OFF SRE courtyards and adjacent Z FOOIPRINTANO buildings, / VEGETATION CREASE ''o� r—"— G OR1lINRY FOR RpAmo PATIO f' IN Create pedestrian spaces F LOCATE BUIL NGTO PRESERVE VEGETATION and plazas by varying building facades. "" r PORGH ENCdIFW6E5 FRpNTYARDACTIVI" • Cluster buildings whenever ? possible, creating opportunities for plazas and Residential building orientation creates pedestrian malls. Prevent private,intimate backyard space long, linear facades from dominating the view. • Buildings adjacent to Routes 47, 71 and 126 L 1 must face the primaryr: F k roadway. No service ORIFWTA,E BRII➢iNGS TO FORM OPEN SPACES. access, storage, etc. is PAZAS.RC. - allowed to face Routes r 47, 71 and 126. BUILDINGS FORMA - ■ Develop sites in a STRONGA%PL RLLARONSTIIP comprehensive and4_ coordinated manner to provide order and compatibility (especially } I in the case of large sites Building orientation can define main activity areas which will be developed in phases). • The exterior character and orientation of all buildings and the spaces they define should encourage and enhance pedestrian activity, • Attention should be given to the quality and usability of the outdoor spaces formed by the exterior of a dwelling and I 0 adjacent dwellings. Avoid locating the private area of one dwelling adjacent to the public area of an adjacent dwelling. Rear and side facades should incorporate architectural design elements Girdled Gify of Yoekville- ComprAevtsive L.civid LAse Plcavti tApdcxfe. 12 EXHIBIT E Design Guidelines Site Manning Principles • In multi-family residential developments, buildings should be oriented to create functional outdoor spaces. • In residential neighborhoods, consideration should also be given to the views from adjacent dwellings and public spaces. ■ Facades Building facades should achieve a high level of visual interest when viewed from automobile and pedestrian vantage points. • In residential developments, front yards and porches should be used to create a sense of place and community. • Natural stone and masonry materials are to be used on the lower portions of buildings to create a visual anchor to the ground and provide interest at the pedestrian level. • Vary the planes of exterior walls in depth and/or direction. Awnings along facade • Wall planes shall not run in a continuous direction more than 65 feet without an offset ,,' of at least 3 feet. I�J • Wall planes of more than 20 feet high are prohibited without incorporating meaningful techniques, such as awnings or a change in building material, to break up the perceived, OPEN, building mass. , r� • Awnings are encouraged along facades to provide color, shade and architectural interest. Where awnings are used along a :F:> row of contiguous buildings, a consistent form, material, color, location and mounting N arrangement must be used. • Awnings should be located to provide a _ consistent minimum 8 feet vertical clearance, with a maximum generally not to exceed 12 feet. • Colors of awnings must complement the Awnings provide pedestrian scale element buildings. LAhife'cl C-i iy of Yoe-6Il le_ Gompt`ehensive Land Ltse_ Ulan Llpdc►te. '13 EXHIBIT E Design Guidelines Sife 1�Panning �rincipCes • Incorporate the awnings along with any signage to provide a uniformly designed building fagade. --- Signs on awnings are permitted. -~ _ �► 1r 7 • Internally illuminated awnings are - prohibited. Garage doors oriented to side • Awnings and canopies may be made of sheet metal or canvas membrane. Plastic or vinyl awnings are not permitted. • In new residential neighborhoods, houses shall not repeat the same elevations without two lots of separation. Houses across the street from each other and back-to-back corner lots shall not be of the same elevation. • In residential areas, garages should not dominate the street view. Rather, provide parking and garages to the side or rear of lots or set the garage face back from the primary fagade of the house. Avoid allowing the garage to become the primary architectural feature. ■ Roof Treatment Rooftops should be considered important design elements as viewed from a variety of vantage points such as at ground level, from other buildings and from adjacent perimeter jo� roadways. A well-composed "roofscape" achieves an interesting ,F'- skyline without becoming overly busy or contrived. Roof forms should serve ' as natural transitions from the ground .4 level to intermediate masses to the - +Y tallest masses and back to the Variation in root treatments creates an interesting'roofscape' ground. Form should also be interesting when seen from above in adjacent buildings. ■ Materials & Colors Visual continuity in major building materials and colors is desired throughout the City. Specific criteria include the following: ■ Material samples of all proposed buildings must be provided for review and be approved by the City. ■ Materials should be consistent with the Community Character principles outlined in these guidelines. LAvtil+e_d Gift' of)?oP-kvillL- Gowrpwekensive Lana LAse Plcxn Llpdcate 14 EXHIBIT E Design 64t4ideiines Sife 131anning 1�winciples ■ Wall materials that are muted, earth tone in color and have texture are to be used. • Reserve the use of strongly contrasting materials and colors for accents, such as building entrances, railings pip and trim. Avoid an excessive variety of facade - materials. • Avoid using highly reflective materials and surfaces, _-- such as polished metal, that generate glare, particularly at the pedestrian level. • Materials which may be incorporated include: native 1114W stone, brick, stucco and textured concrete. Alternative �$ materials that achieve similar looks and are of high = rl quality and low maintenance may be considered. ran••,F • Common materials shall be located on all sides of the building with the exception of service areas not visible from a public street. Varying roofflne breaks up long expanse of building facade • Coordinating materials within a development can tie together buildings of different sizes, uses and forms. • In new residential neighborhoods at the time of initial building permit, houses shall not be the same color unless there are at least two lots of separation. Houses across the street from each other are not permitted to be the same color. • Use contrasting but compatible building materials and textures to unify exterior building elements and to create depth, proportion and scale. • In residential developments, buildings should complement each other by using materials and colors within the same"family'. • Building colors should be derived from, and related to, the finishes of primary building materials. ■ Height The overall appearance of development shall be low and horizontal, with building heights throughout the community generally low to medium scale. Building heights are expected (and desired) to vary to ensure ■ --- visual interest. !' �� ■ y. _. . • Consider the use of taller buildings and/or elements to highlight significant intersections and pedestrian nodes. - s • Building heights shall be determined in a manner which enhances an overall residential quality. Taller buildings help identify intersections LAPAite_d City of Yokkvi l l e Compre)lensive, Lctncd LAse- -Plan Vpdctfe- 15 EXHIBIT E Design Guidelines Si+e.Planning Principles • Maintain compatible relationships with ' adjacent dwellings and street frontages. • Building heights shall be responsive to heights of homes located on slopes above _ and below the dwelling. • Sight lines to greenbelts, open areas, water features and scenic horizon views lnll�lllf i� , are to be optimized and maintained to the fullest extent possible by minimizing the building height and obstruction. Front porch provides one-story element • Scenic view compatibility shall be considered in determining building height. gyp' • Within a neighborhood, a combination of _-- - one, one and a half and two story - dwellings is encouraged to add diversity to the streetscape. Entire neighborhoods or blocks of continuous two story dwellings are discouraged. • For multilevel dwellings on corner lots, locate a one-story element of the dwelling Front porch root provides human scale element at the street corner to help reduce the feeling of enclosure in the neighborhood. • A two-story dwelling can best relate to a neighboring one story if it contains a one-story element. • Scale Buildings should appear to be of a t� "pedestrian" or "human" scale. When components in the built environment are designed in such a way that people feel - comfortable, then human scale has been -_ achieved. In general, this means that the size, patterns, textures, forms and overall three-dimensional composition _ can be appreciated at the pedestrian -- - level. ■ Vary the height of buildings, and/or varied building scale provides distinction between masses building elements where feasible, so they appear to be divided into distinct elements or masses. W,i+ed cTiy of N2©P-kvi11e_ Gompp-e-kahsive- Land Ulse- Plan dApdate 16 EXHIBIT E Design Guidelines Si+e Manning principles • Avoid large-scale - buildings that are "box-like" and t typically dominate a '- site. `^ ■ Use building masse appropriate to the site. Place buildings O"T r with larger footprints, height 4 ,� and massing in core activity areas or in the heart of the development near similar densities. By 4' doing so, the impact on adjacent land Pedestrian scale elements located along building facade uses will be reduced. ■ In residential areas, the relationship between the lot size, street width and building scale are important to creating a human scale. Elements such as trees, pedestrian path lighting and porches can aid in achieving human scale. T _ ■ Hierarchy It is important to recognize that future projects will be developed using a variety of _ buildings with various uses. Vehicular and pedestrian traffic should be able to Avoid'box like'building scale recognize the hierarchy of buildings and be able to decipher primary buildings from L secondary buildings. ■ Primary Buildings �� o Primary buildings; such as major anchors, public buildings or major attractions, shall be located at prominent locations, anchoring a major view axis and or serving as focal points in the community. - -- _ ■ Gateway Buildings ■ Buildings at major entrances, corners, intersections a U or along significant roads should use special , architectural elements to help identify that location as '°� a"gateway". These elements also begin to define the - sense of place for the community. Primary buildings located on axis and create focal point L4vae-d Ci fY of Yo;,-kyd 1 e_ Comp-e-ke-nsive Land lAse 1PIAn tApdcxte 17 EXHIBIT E Design Guidelines Site Pleanning Principles • Special architectural features may include corner towers, cupolas, clock towers, balconies, colonnades or spires. • The use of vertical elements helps to frame the entrance and guide people into and through the development. TOWERS HELP IDENTIFY CORMPR OF BUILDING ASA GATEWAY INTO THE DEVELOPMENT NJ I-P IF I � I BALCONIES HELP BREAK BREAK UP HEIGHT OT TOWER Gateway buildings ■ Entrances • Primary entrances should be easily identifiable and relate to both human scale as well as the scale of the building(s) !' they serve. j' • Wherever possible, entrances should be inviting without becoming dark. • Main building entrances should be designed to be clearly I' identifiable from primary driveways and drop-offs. b Additionally, they should be visible from parking areas. ■ Retaining walls • All retaining walls must be faced (veneered) with masonry Main entry to store (stone, brick, stucco or approved equal). clearly identifiable • Retaining walls adjacent to or visible from any street shall not exceed 4 feet in height. Grade changes that require retaining walls exceeding 4 feet must be terraced with a minimum of 4 feet clear separation between each wall. Exceptions may be reviewed and approved by the City in order to preserve existing tree stands. L4nited City ofN2oY6ille Comprehensive Lana LAse Plan Llpdafe 18 EXHIBIT E Design Guide.lineas Site- Pic►nning principles • Walls should be designed as an integral part of the dwelling design. Stone sizes should be consistent and laid in a horizontal course. Masonry materials shall match or complement the facade of surrounding buildings. • Walls at intersections must not interfere with safe sight distances. PRINCIPLE 6: Enhance pedestrian experience and establish sense of place through careful design and location of open spaces The creation of open space throughout the City is an essential technique used to break up building facades. The use of such pockets of interest creates views into the various developments. A wide range of open spaces such as public gathering plazas, open "greens", common play areas, neighborhood parks and natural preserves can be incorporated into development plans. ■ View Corridors ■ Open space is considered a valuable amenity, therefore careful consideration of vistas into open spaces from residential lots, streets and drives is required. • Maintain view corridors to provide vistas of amenities, natural features, open spaces and other significant elements. ■ Create focal points at main entries, on axis with major circulation route and pedestrian corridors to establish a y Community Park strong identity and structure for the project. 0 ' I LOCATE SPECIAL FEATURES Al TERMINUS OF DRIVES J R VEGETATION FRAMES VIPN AND CREATES CORRIDOR View of amenity feature is framed by use of vegetation and road alignment,creating a signature element LAni+p-d Gi+y of Yc)r-kville- Comp-eakensive- Land LAse- Plan LApda+e -19 EXHIBIT E Design Guidelines Site Planning Principles Parks and Trails ■ In residential areas, parks should be located within a 5 minute walk (approximately 1,000 feet)from each home. ■ Trail linkages should be provided from proposed neighborhoods to the City's comprehensive trail system, forest preserve trails and adjacent developments. ■ Courtyards and Plazas Neighborhood Park Courtyards, plazas and terraces should be designed at a human scale and incorporated as public amenities around non-residential buildings. Interrupting building facades to create "outdoor rooms" as well as varying the width of walkways will help create pedestrian spaces. These pedestrian spaces will create opportunities for comfortable outdoor experiences and are critical in defining plazas and courtyards. • Orient plazas and courtyards to views of site amenities such as open space, water features, sculptural elements or , landscaped areas. • Consider opportunities to orient plazas and courtyards toward views of f' significant buildings or down long corridors. • Wherever possible, create a sense of enclosure for outdoor seating areas. Such areas should be light and airy while providing a sense of safety from Landscaping and special paving give the the elements. seating area a sense of enclosure • Add elements such as trees, water features, a variety of seating areas and landscape color to give the public spaces an inviting appearance and visual interest. • Incorporate pedestrian scaled lighting for safety and to promote use in the evening. • Incorporate pavers and paving patterns to add interest and enhance the aesthetic quality of the spaces. • Allow for outdoor tables f and seating to promote use of the space. By doing so, an energy is created along ` the structure. .. — - INCORPORATEAVARIETY _ OF SEAT G.PAVERS, COLOR.ELC.TO ADO VISUAL INTEREST _ LOCATE SITE FURPISHIM, - - TO ENCOURAGE USE .- Plazas and courtyards offer spaces for outdoor cafes LA�iite_d C-Ny ofVoi-Wile- Comp-e-kensive Lav d Ilse Plcth Vpdafe_ 20 EXHIBIT E Design Guidelines Site.Planning principles PRINCIPLE 7: Thoughtful consideration of vehicular and pedestrian circulation within individual developments The purpose of the circulation standards is to minimize hazards and conflicts and establish logical circulation patterns. The appropriate integration of vehicular and pedestrian circulation is intended to provide safe and convenient access to all sites while being attractive, efficient and functional. ■ Vehicular Circulation ■ Primary Site Entrances Each entrance to a parcel, individual building site or residential neighborhood from a primary roadway should be designed as a `"gateway" to the area it serves. Design elements should be visually interesting and consistent with other streetscape materials used throughout the City. Primary residential entrance highlighted with signage, When designing entries into landscaping and water elements residential and non-residential tracts, developers shall: • Coordinate with adjacent properties to consolidate entries and minimize access points along major roadways • Minimize pedestrian and vehicle conflicts by reducing the quantity of crosswalks. • Clearly identify site entries and provide a clear entry/arrival sequence. • Provide "secondary" entries to parking lots and smaller residential neighborhoods from adjacent perpendicular minor roadways to major roadways. Paving material, plants, signs and lighting should match primary entrance treatments, although landscaping intensity and signage may be reduced in scale. • Provide at least one "primary" entry to parking lots or residential communities. The use of medians and/or special paving or landscaping to identify primary entries is required. DESIGN PARKING WIIHA LOGICAL FLOW. MINIMILENG INTERSECTIONS AND CONFLICTS CROSSWALKS IDENTIFI ED WITH PAMG - -- -.>>, ' PRIMARY ENTRY 70 urlu PARKING LOT IDENTIFIED _ BY LANDSCAPING AM MEDIAN SECONDARY ENTRY CCNSf NT WITH PRINLARY GATEWAY Single primary entrance reduces access points along Corridor Glnrtead Cify of Y)o,,kvi11e Cornpwekensive Land LAse Plan LApdafe 21 EXHIBIT E Design Gtuide.lines Sire Planning Pvinciples ■ Internal Drives All internal drives should visually lead drivers to building entries, site amenities or focal elements. • Design drives and parking areas to fit the naturalT contours of the site in order to -- minimize cut and fill and maintain natural drainage. • Align streets and drives to Street alignment offers views of significant architectural feature offer views to significant architectural features and site amenities and to direct drivers. i Jorw • Internal streets shall be separated from WviV parking lots by landscape islands and walkways. - ■ Drop-Off Areas Drop-off areas for vehicle passengers shall be - incorporated into development plans and should a provide safe, convenient access to building entries, pedestrian plazas and public open Larking lot from nd sepad ive spaces. Drop-off areas must conform to all ADA parking lot from internal drive regulations and standards. • Emphasize drop-off areas with special paving material. • Design drop-off lanes so they do not obstruct traffic flow when vehicles are stopped. • Install bollards at drop-offs to provide protection for buildings and pedestrian walkways. WIDSCAPING CREATES INVITING EMMANCE USE BOLLARDS TO CREATE SPACE AND PROTECT PEDESTRIANS IDENTIFY DROP-OFF AREA WIM SPECIAL PAVING DROP-OFF AREA DOES NOT OBSTRUCT TRAFFIC FLOW Drop-off area doesn't conflict with regular traffic and is identified with paving and bollards unite- 7 C—i+y of Yo;.6il1e- GompNekensive Land use -Plan update 22 EXHIBIT E Design CuAidellneas Sife"Plammimg primciple-s ■ Service Areas Service vehicle circulation throughout the City shall be designed to provide safe and efficient delivery routes for all anticipated service and delivery _ vehicles. The design of individual parcels to - - - accommodate truck access shall meet all regulatory - requirements for turning movements without sacrificing other important design objectives. • Locate service areas away from major streets and building entrances. • A noise barrier is required in situations where Service area screened with landscaping service areas are adjacent to a residential land use. • Minimize pedestrian and service vehicle conflicts. • Hide/screen views into service areas. Screening can be provided with landscaping or screen walls. Screen walls shall repeat materials and elements of the primary building. • Adjoining uses should share service drives where possible. • Design service drives to accommodate the traffic intended to use them including all entrance roads and access aisles that will be used to access the service areas. ■ Pedestrian Circulation The purpose of pedestrian circulation standards is to establish guidelines for creating a pedestrian circulation system that is safe and efficient. Good walking environments include: continuous routes between sites, clearly defined access from parking areas, a variety of connected destinations and a feeling of safety and security. In essence, creating a sense of comfort. ■ Sidewalks Sidewalks must be constructed to provide pedestrian access to adjacent development and connections to the pedestrian trails throughout the City. Within specific developments, sidewalks shall provide access to and from parking lots, neighborhoods, schools, parks and open spaces. ■ Create distinct pedestrian corridors, which funnel pedestrians to logical - gateways, plazas or other destinations. Path provides access to park and adjacent neighborhood uhi+ed ci+y of Yowkvdle- Gornpre-kensive- Lctnd LAse- Plan tApdente- 23 EXHIBIT E Design Guidelines ,Site. PIanning lPF-inciples • Place special emphasis on pedestrian connections that link schools, recreation areas and other major activity areas. w• Neighborhoods should have access to open space and pocket parks by way of sidewalks and trails. _ �, ■ In residential areas, sidewalks should be located on both - f sides of the street. 1 • Pavers or other changes in material should be used for i walks adjacent to buildings and at street intersections to Pavers next to building identify and enhance pedestrian routes. enhance appearance ■ Crosswalks Crosswalks are required at all intersections and key pedestrian crossings. Crosswalks must be identified by a change in color, height, width, texture, or materials. Refer to ADA regulations V' W and standards for any specific criteria regarding crosswalks andp" Y ramps. Enhanced paving delineates crosswalk Pedestrian Circulation in Parking Lots Walkways that lead pedestrians from parking areas to buildings or plazas should be designed to facilitate easy movement and minimize crossing conflicts with vehicles. Pedestrians should feel comfortable about their walkways to buildings and pedestrian corridors should be clearly identified. ■ Pedestrians should not be required to cross service drives to reach major entrances from primary parking lots. _ ■ Where major pedestrian routes within parking lots cross Landscaped median with sidewalk roadways and drives, use textured or colored paving materials to distinguish the route. LOCATE MWICE MEA Medians with sidewalks allow for sae �TO AMID PMF7R circulation and reduce circulation conflicts. ROMLFNN�REU{ ■ Wherever feasible orient parking aisles perpendicular to building entrances. SPECIAL PAVING STGNlFIEs MLCR CROMA KFRCM PMMNG LOT II IT!11 LI I,.1 - L�LI TRAFFIC TO WILDING UaACIR C C TT "TIFI[ T� _ PROYID£SIOEVVAI%IN MEDM VIM WDEMEES Median with sidewalk allows safe access to building entry Crosswalk delineated with paving and bollards Vvxited Gify of Yo;-6ille Gdmp -&-kansive- Lana Use- Plan Llpdafe 24 EXHIBIT E Design Guidelines Site Vicinning Pwinciple-s ■ Accessibility Owners and developers are expected to meet or exceed all requirements of the Americans with Disabilities Act (ADA), 1992, and all amendments thereto in the design and development of individual parcels, sites, buildings, and facilities. To the greatest extent possible, provide equal access in a manner that integrates ADA accessibility with ordinary accessibility, rather than separately. PRINCIPLE 8: Aplropriate design of parking lots, utilities, service areas and detention areas to reduce the negative impact of typically unattractive site components This section provides standards for the siting and layout of parking lots, service and loading areas, utilities, trash, storage and detention facilities. Specific landscaping criteria for these areas are included in the Landscape Principles section. Site plans specifying parking and circulation designs, utility and detention requirements shall be submitted to the City for review. ■ Parking • Parking ratios and quantity of spaces shall comply with the criteria set forth in the United City of Yorkville Zoning Ordinance. y. • Parking areas should be designed and located so "ire, - they provide safe and efficient vehicular and - pedestrian circulation within a site. • Minimize negative visual impacts from adjacent roadways. • Break large expanses of pavement with landscape Minimize negative visual impacts of medians and islands. parking from roadways • Divide parking areas which accommodate a large number of vehicles into a series of smaller, connected lots. ■ Avoid situations where parking spaces directly abut structures. ■ Separate parking aisles from interior collectors and entry drives whenever possible. Cluster buildings to create open space "p courtyards Walkways to buildings or - 4 plazas should be designed to facilitate easy movement and rninimice crossing conflicts with vehicles ' Arrange parking aisles perpendicular to building Provide pedestrian entrances access to adjacent developments LAhite-d City of Vcw6ille- Gompi�ekev►sive- .-avid LAse. Morn LApdcxfe- 25 EXHIBIT E Desi,ah CuAidelines Site'PlcxnninB 'Principles • Shared Parking Where opportunities exist for shared parking between uses with staggered peak parking demands, consider reducing the total number of parking spaces within each site or parcel. Parking should be shared between complementary uses such churches and office buildings. • Store Front& Street Parking Requirements All store front parking areas shall use angled parking or parallel parking. Areas shall be provided for sidewalks and landscaping between the store front and the edge of parking stall. • Bicycle To encourage and accommodate alternative transportation modes, provide bicycle parking within each building site. Locate bicycle parking areas so they are visible from building entrances and convenient for riders. Parking areas shall be landscaped in a manner consistent with pedestrian plazas. Also, bike racks should be of a style consistent with other site elements. • Substations/Water/Wastewater Stations Proposed electric substations, water pump stations and wastewater lift stations shall be screened from public views by a means of a 6 foot masonry wall on all sides with the exception of the area for gate access to the facility combined with landscaping. Service access shall be considered and incorporated into the screening program. • Detention • Drainage facilities should be used as an amenity to a development. If the existing topography allows, the location can be incorporated into an entry feature or can be the foundation for a park with trails and open space. • Natural and/or vegetated drainage swales provide open space connections, filter runoff and improve i� —' i$o the aesthetic appearance of development. Lake serves as main entry feature • Detention facilities should not be designed as to hibi require chain link fencing or concrete walls. If such designs are required due to engineering requirements, consider using decorative modular stone to give the appearance of a retaining wall. • Detention ponds located in the front yard building setback shall be designed as a curvilinear, Naturalistic drainage channel provides contoured shape. opportunities for trail connection Vv►ife-d Cify of Yov`6ille- Covnpv,e.kensive .-cone LAse- ?Ian Vpdafe- 26 EXHIBIT E Dasice.n Guidelines Site Planning Principles ■ Location of Utilities Visual and sound impacts of utilities, mechanical equipment, data transmission dishes, towers and other equipment should be minimized in all development plans. • Design and install all permanent utility service lines underground. • During construction and maintenance, minimize disruptions to other sites and businesses within the City. • Temporary overhead distribution power and telephone lines are permitted during construction but shall be removed immediately upon completion of site and building construction. • Wherever possible, mount data transmission and receiving telecommunication devices at ground level to the rear of structures and screen views from adjacent roadways, pedestrian paths and building sites. • Screen all electrical transformers, gas meters and other utility cabinets from view. • Structures are prohibited from being located in utility easements. Avoid locating signs, special landscape features, etc. in utility easements. • Air conditioning units, vent systems and other mechanical systems that must be located on building roofs shall be screened from sight at the ground plane. • In residential communities: • Items requiring screening should be located on the rear or side yards when possible and should be integrated into the unit design. • Air conditioning units must be located behind a screen wall or planting hedge. • Utility meters must be located on side or rear elevations of the dwelling. ■ Location of Service/De IiveryfTrash/Storage Areas The visual impacts of service, delivery, trash and outdoor equipment or storage areas should be minimized, particularly relative to views from public roadways and pedestrian corridors. Thoughtful placement and integration into the architecture and site design is a priority for all sites. • Orient service entrances, loading docks, waste disposal areas and other similar uses toward service roads and away from major streets and primary _ r� building entrances. • Locate loading, service, trash and delivery areas so they do not encroach on any setbacks. _ - Screen dumpsters with walls and materials that match architecture of primary building LAnited Gify of y)orkville Gompµekensive- Lana Use- Plan L4pdafe- 27 EXHIBIT E Design GUide.iirnes Site. Planning 'Principles • Avoid locating service areas where they are visible from adjacent buildings or where they may impact view corridors. - F Such facilities are more appropriate at the rear of buildings or sites. — -_ • Trash enclosures must be located away from residential property lines. T , r • Wherever possible, coordinate the locations of service areas between - Screen dumpsters with walls and materials that adjacent users or developments, so that match architecture of primary building service drives can be shared. • Locate parking areas for outdoor equipment, trucks, trailers, service vehicles, etc. away from public parking lots and major pedestrian circulation routes. Unless totally out of view, screen these areas architecturally and with landscaping. • All proposed dumpsters, trash receptacles, refuse storage containers, outdoor storage, and ground mounted equipment should be located within an enclosure providing screening along with landscaping along the perimeter. Such enclosures shall repeat materials and elements on the primary building. Gtni+ed City of N2oekvi1Je CompHekensive LcLpAd LAse- Plan Vpcicae 28 CI p,, Reviewed By: Agenda Item Number J= u T Legal ■ EST. 1836 Finance ❑ , Engineer ■ -�- Tracking Number -40 �� s, y City Administrator ❑ 9 20 Consultant ❑ PC 2008-11 Agenda Item Summary Memo Title: Courthouse Square PUD Amendment Request(Cannonball Trail/US34) Meeting and Date: City Council/July 22,2008 Synopsis: Request for PUD Agreement Amendment and PUD Zoning Council Action Previously Taken: Date of Action: August 10,2000 Action Taken: Annexation and PUD Agreement Approval Item Number: Type of Vote Required: 2/3 Council Action Requested: Approval of Annexation Agreement Amendment and PUD Zoning Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See staff attached report 506 Blaine St. Yorkville, 11 60560 (630) 553-7962 July 16, 2008 Members of the United City of Yorkville City Council : After reading the article in the July IU" Kendall County Record regarding the rezoning of the pr'oper'ty at Rt. 34 and Cannonball Trail , I felt compelled to write to you and attempt to explain why I feel the proposed change is not desirable. These are only my thoughts and do not represent the Yorkville Planning Commission in total . The property in question has been before the Planning Commission previously. I haven 't checked how many times, but the members of the Commission are quite familiar with this parcel. Essentially, owners of this property have desired rezoning to place a more intensive use for this location.. The Record article quoted aldermen that the Planning Commission only had a problem with a gas station at this location. While a gas station is not desirable in this location in my opinion, any intensive rise that impinges on the residents of the adjacent properties is not desirable. There is no doubt that this property will be developed at some point. It would be best if that development can have minimal impact on all neighbors. Drive-thrus and gas stations do not have minimal impact. Many questions surround the issue of water runoff since the neighbors on Hickory Lane are on well and septic. While many properties north of the Fox River drain into Blackberry Creek, the potential for runoff from a gas station through the adjacent wells to the creek is substantial . Few gas stations are adjacent to homes on well and septic. There is no doubt that future gas stations will be built in Yorkville. I also have great faith in the technological advances in storage tanks and pumps. In spite of the cost of gasoline, it will be some time before we are driving hydrogen cars. In the interim, gas stations would be better suited for properties adjacent to other commercial development, as in the cases of the Shell and BP stations on Rt. 34. Perhaps this station could be built further west along Rt. 34 near some of the new development. I certainly support the desire to have it in Yorkville near the Kendall Marketplace. The people who live on Hickory Lane and Cannonball Trail know that development will occur. They feel that they have compromised already. All they would like is minimal impact on their lives and safety in their wells. Putting a gas station in this location presents a threat to this desire. Please consider a less intensive use as the Planning Commission suggested, Thank you for your consideration. Sincerely, Michael E. Crouch Yorkville Planning Commission To those Elected and Hired City Officials who have the opportunity to make the proper decisions: This letter is in reference to the property known as "Cannonball Trails",presently owned by HRM Properties I understand that the final decision rests entirely upon your shoulders. However, I ask these questions. Given the extensive background of this parcel, why would any individual wish to change the fair and comprised P.U.D. agreement reached on this property? The only thing I can come up with is greed! Might I remind you that, so far, this debate has been in the making for approximately eight years? Hundreds of cumulative hours have been spent in reaching, what seems to be, the best compromise for all parties involved (owners, citizens and the city). Let's look at the facts. • Changes are coming • The region is rapidly growing • The city is rapidly growing • Preservation, identity, and smart growth are hot topics Residents in this specific area have already been impacted, but realize growth is imminent. Tremendous commercial development is well underway,with as little change as possible to the character and natural resources in the vicinity. Were some mistakes and possible oversights made? I would suggest yes. Do they have to be made again? Absolutely not. I remind you that a long fought agreement has been reached. • Two different judges have agreed • The Plan Commission unanimously agreed • Citizens have agreed • The previous land owner agreed Gas stations and drive-through businesses will find better locations. Please help us in keeping this residential location as day-time usage and as ecologically sound as possible. I urge all with the deciding vote to do the right thing. Agree not to allow a change to the P.U.D. that is currently intact. Plan Commission Member Brian Schillinger Memorandum 0 To: EDC Esr. 1Z leas From: Travis Miller and Stephanie Boettcher o CC: Lisa Pickering, Deputy Clerk(for distribution) C %5,,.e =p Date: June 26, 2008 <LE Subject: PC2008-11 Cannonball Trails (Amendment to Annexation/PUD Agreement) Backl4round: The City approved the current Planned Unit Development and Annexation Agreement for this property August 10, 2000 (record number 200000012562—attached) Summary of the Existing Plan Components: Exhibit"D" in the 2000 PUD/Annexation Agreement, includes 2 commercial buildings with approximately 16,000 sq. ft. of retail space along the southern portion of the property and 2 office buildings with a proposed 9,000 sq. ft of space along the northern portion of the property. Exhibit"D" also includes a"screening berm" along the northern property line approximately 60 feet wide. The PUD/Annexation Agreement provided for Office (0) zoning with additional specified business uses in B-1 Limited Business District and B-2 General Business District as permitted uses (see Exhibit`B" from the 2000 PUD/Annexation Agreement- attached). Request: The petitioner is requesting an amendment to the PUD with changes to the site plan (Exhibit "D") and text amendments in the agreement related to the description of the site plan. The proposed plan includes a 30,636 sq. ft of commercial space, an increase of approximately 6,000 sq. ft. from the original site plan. The proposed end users include a bank, gas station, day care center, and retail space housing a drive thru business. Plan Commission Action: The Plan Commission reviewed the request June 11, 2008 and made the following action: - Motion to recommend approval of the Planned Unit Development Agreement Amendment as presented. 0 ayes; 6 no The Plan Commission reviewed the criteria listed in Zoning Ordinance 10-14-7 B.5 a-e regarding zoning amendments as well as the standards listed in Zoning Ordinance 10-14-6 regarding Special Use requests. Findings noted at the meeting regarding the PUD amendment request included: - The proposed gasoline service station is a concern based on testimony received regarding the impact this use may have related to enjoyment of other property in the immediate vicinity, primarily the residential land uses to the north (Oak Knolls), east and south (Cimarron Ridge) neighborhoods. 1 - Concerns regarding drainage, specifically surface runoff carrying pollutants that may result on the surface of the gasoline service station use, and the close proximity of the Blackberry Creek. Testimony raised concerns that the close proximity to the Creek limits the ability for treatment of surface drainage before entering the Creek. Staff Comments/Recommendations: • Special Uses: The proposed plan includes a financial institution, a gasoline service station, two drive thru businesses, and daycare facility, which are all considered special uses under the current Zoning Ordinance. Banks and daycare facilities are permitted uses in Exhibit`B" of the current Annexation Agreement. However, the gasoline service station and the drive thru facilities should be considered/reviewed as special uses as this amendment is considered. The criteria to be considered for a special use permit in the City of Yorkville are listed on page 4 of this report. • Signau Program: The 2000 PUD/Annexation Agreement states under Section 6: Signage, "The CITY agrees to allow for the following signage to be used in the development in conformance with City Ordinances: Two identification signs (one for the commercial area not to exceed 100 square feet and one for the office area not to exceed 100 square feet)." Given the property now proposed to function as one unit these requirements should be reevaluated. Staff recommends requiring the Annexation/PUD Agreement amendment include a provision requiring the Comprehensive Plan Design Guideline Principle 13 be adhered to and included as an exhibit to the agreement. • Parking: The proposed plan is in compliance with parking stall quantities with the exception of the proposed daycare. The Zoning Ordinance defers to the judgment of the Zoning Administrator. In other daycare facilities, the off-street parking requirements for a daycare facility were established by staff, as 1 parking spot per employee plus 1 parking spot per 10 students. Currently, 38 spaces are proposed to serve the 9,500 sq. ft. daycare facility. The petitioner have informed staff that the Kindercare license is planned to be for 142 students and 18 staff—requiring 32 spaces. Staff requests a copy of the license be provided prior to building permit stage (as part of the site plan approval) in order to verify these counts at that time. • Underground Fuel Storage: Staff has received comments from concerned residents regarding potential groundwater contamination in the event leakage occurs from the underground fuel storage for the proposed gasoline filling station. Although not regulated by the City of Yorkville, the regulating agency for the construction or alteration of underground fuel storage tanks is the Office of the State Fire Marshall. The design standards for these facilities would need to be in accordance with the National Fire Protection Association codes (NFPA 30A: Code for Motor Fuel 2 Dispensing Facilities and Repair Garages—last updated in 2008) along with any additional provisions specified by the State Fire Marshall for the particular site. • EnOneerini• Bill Dunn, EEI has reviewed the submittal (refer to June 3, 2008 report attached). Staff has concerns regarding the close proximity of the Lot 1 northwest entrance/exit to the Cannonball Trail entrance/exit location. Plan Council requested this entrance/exit be amended to an entrance only. The petitioner has modified the plan based on Plan Council suggestions, however, the painted island proposed will do little to deter/prevent exiting traffic from turning left toward Cannonball Trail. Staff recommends this northwest entrance/exit to proposed Lot 1 be amended to be an entrance only. 3 Special Use Standards (10-14-6 of Zoning Ordinance) F. Standards: No special use shall be recommended by the Plan Commission unless said Commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) 4 1 U.je t Pro _ J - G r k was y July 8, 2008 Draft July 15, 2008 Staff Redline Revised July 17, 2008 Revised July 18, 2008 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OF OLD KENT BANK SUCCESSOR-TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA TRUSTEE UNDER TRUST #5085 AND ARTHUR SHERIDAN (FORMER OWNER) AND COURTHOUSE SQUARE, LLC (FORMER DEVELOPER) N/K/A HRM PROPERTIES AND DEVELOPMENT,LLC (OWNER) PROJECT TO BE KNOWN AS CANNONBALL TRAILS THIS AGREEMENT is made and entered into this day of , 2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), HRM PROPERTIES AND DEVELOPMENT, LLC, an Illinois Limited Liability Company (hereinafter referred to as "OWNER/DEVLEOPER"), of the County of Kendall, State of Illinois. WITNESSETH WHEREAS, OWNER/DEVELOPER of the real property which is the subject matter of said Agreement comprising of approximately 6.14 gross surveyed acres, more or less, and is —I- more particularly described in the attached Exhibit"A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY"; and WHEREAS, the SUBJECT PROPERTY is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and the SUBJECT PROPERTY was previously annexed to the CITY under Document#2000-12562 filed with the Kendall County Recorder of Deeds on September 15, 2000; and WHEREAS, said Planned Unit Development and Annexation Agreement at the time classified various portions of the development with certain zoning classes represented by B-1 Limited Business District and B-2 General Business District under the CITY Zoning Ordinance; and provided certain restrictions of use which are hereby requested to be amended by OWNER/DEVELOPER as follows: 1) That OWNER/DEVELOPER requests an amendment of said Planned Unit Development conforming the existing Agreement and Zoning of the SUBJECT PROPERTY to Planned Unit Development, in conformity with the current United City of Yorkville Zoning Ordinance. 2) That the uses permitted under the original Planned Unit Development and Annexation Agreement shall be permitted to specifically allow as a permitted use under the PUD Classification to operate a gas station with car wash and convenience center without an hour limitation on Lot 1 of the SUBJECT PROPERTY as described in Exhibit"A". —2— 3) That no more than one (1) drive-thru facility shall be permitted as a permitted use within the commercial center located on Lot 2 and on Lot 3 of the SUBJECT PROPERTY as described in Exhibit "A" for a total of two (2) drive-thru facilities on the SUBJECT PROPERTY. 4) That paragraph 3(b) of the original Planned Unit Development and Annexation Agreement is hereby modified to delete any reference to a lack of sanitary sewer capacity available through Yorkville Bristol Sanitary District in that it has been affirmatively represented that adequate sanitary sewer capacity currently exists to serve the SUBJECT PROPERTY. 5) That paragraph 8(b) of said Planned Unit Development and Annexation Agreement is hereby modified to permit the design, construction, and location of a daycare center with rear yard setback to the north as shown on the Preliminary PUD Concept Plan attached hereto and incorporated herein as Exhibit"B" (Site Plan). That the rear setback of said building shall include on the rear yard berming, landscaping, and boundary line fencing to separate its proximity to neighboring residential uses to the north in conformity with Exhibit `B" (Site Plan) and Title 8, Chapter 12 of the City Code Book in effect at the date of approval of this PUD Amendment. OWNER/DEVELOPER shall not be required to maintain a four hundred(400') setback, said condition from paragraph 8(b) of said Planned Unit Development and Annexation Agreement having been herein modified and deleted. 6) That paragraph 8(d) of the Planned Unit Development and Annexation Agreement shall be modified to permit parking to be calculated for the daycare use proposed —3— on Lot 4 of the Concept PUD Plan. Said daycare use shall provide one (1) parking space per each employee plus one (1) parking space for every ten(10) students. 7) That the original Planned Unit Development and Annexation Agreement shall be modified to require OWNER/DEVELOPER to comply with the current United City of Yorkville Landscape Ordinance per Title 8, Chapter 12 of the City Code. 8) OWNER/DEVELOPER has agreed to comply with Best Management Practices in the design, construction, and implementation of a stormwater control facility taking due account of potential chemicals, or petroleum products being detained, maintaining water quality standards and releasing no pollutants to Blackberry Creek. 9) OWNER/DEVELOPER is desirous of developing with the setbacks as set out in Exhibit`B" (Site Plan) attached hereto and incorporated herein by reference and which is entitled Site Plan as prepared by Koziol Engineering Services and revised May 23, 2008. WHEREAS, the OWNER/DEVELOPER acknowledge the SUBJECT PROPERTY is within the territory described by Resolution 1995-13 and is subject to a recapture payment for water and sanitary sewer infrastructure to the CITY payable at the time of Final Subdivision Plat approval or issuance of the first building permit,whichever occurs first. Said resolution establishes a recapture payment amount per acre and requires annual interest accumulating from July 1995. The Parties acknowledge the 2008 amount of said recapture payment is $2,670.00 per acre, totaling $16,393.80 for the SUBJECT PROPERTY. —4— WHEREAS, The CITY and its Plan Commission has considered the Petition to Amend the Planned Unit Development and Annexation Agreement as to the SUBJECT PROPERTY, WHEREAS, OWNER/DEVELOPER and their representatives have held a Public Hearing in front of the City Council on July 22, 2008, as to said requested PUD Amendment and prior to the execution of this Agreement; and said Public Hearing Notice,was duly published and a Public Hearing was held to consider this Agreement, as required by the statues of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5111-15.1-1 through 51.1-5, inclusive,relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Amendment to Annexation/ Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5111-15.1-5, as amended, as follows: —5— A. ZONING. The CITY shall adopt an ordinance approving the requested PUD Amendment as to the SUBJECT PROPERTY described herein in the attached Exhibit "A" as to the Amended Application of the Cannonball Trails Project as set out in the attached Exhibit`B"; (i) As to each of the requests made in the Amended Application for Planned Unit Development and Annexation Agreement amendment request; and as specifically hereinafter set out, and in addition thereto the CITY hereby agrees and said Ordinance to change the zoning classifications on the SUBJECT PROPERTY pursuant to said amendment to Planned Unit Development Zoning. B. RESTRICTIONS. (i) Amendment of said Planned Unit Development conforms to the existing Agreement and Zoning of the SUBJECT PROPERTY to Planned Unit Development, and conforms with the current United City of Yorkville Zoning Ordinance. (iii) The uses permitted under the original Planned Unit Development and Annexation Agreement are permitted to specifically allow as a permitted use under the PUD Classification to operate a gas station with car wash and convenience center without an hour limitation on Lot 1 of the SUBJECT PROPERTY as described in Exhibit"A". (iv) No more than one (1) drive-thru facility shall be permitted as permitted uses within the commercial center located on Lot 2 and on Lot 3 of the SUBJECT PROPERTY as described in Exhibit "A" for a total of two (2) drive-thru facilities on the SUBJECT PROPERTY.. —6— (v) That paragraph 3(b) of the original Planned Unit Development and Annexation Agreement is hereby modified to delete any reference to a lack of sanitary sewer capacity available through Yorkville Bristol Sanitary District in that it has been a firmly represented that adequate sanitary sewer capacity currently exists to serve the SUBJECT PROPERTY. (vi) That paragraph 8(b) of said Planned Unit Development and Annexation Agreement is hereby modified to permit the design, construction, and location of a daycare center with rear yard setback to the north as shown on the Concept PUD Plan attached hereto and incorporated herein as Exhibit`B" (Concept PUD Plan). That the rear setback of said building includes on the rear yard berming, landscaping, and boundary line fencing to separate its proximity to neighboring residential uses to the north in conformity with Exhibit `B" (Concept PUD Plan) and the United City of Yorkville City Code Title 8, Chapter 12 (Landscape Ordinance)that is in effect at the date of approval of this PUD Amendment. OWNER/DEVELOPER is not required to maintain a four hundred(400') setback, said condition from paragraph 8(b) of said Planned Unit Development and Annexation Agreement having been herein modified and deleted. (vii) That paragraph 8(d) of the Planned Unit Development and Annexation Agreement is hereby modified to permit parking to be calculated for said daycare center use proposed on Lot 4 of the Concept PUD Plan. Said daycare use shall provide one (1)parking space per each employee plus one (1)parking space for every ten (10) students. —7— (viii) That the Preliminary Planned Unit Development shall comply with City Code Title 8, Chapter 12 (Landscape Ordinance). (ix) OWNER/DEVELOPER has agreed to comply with Best Management Practices in the design, construction, and implementation of a stormwater control facility taking due account of potential chemicals, or petroleum products being detained, maintaining water quality standards and releasing no pollutants to Blackberry Creek. (x) OWNER/DEVELOPER will develop with the setbacks as set out in Exhibit`B" attached hereto and incorporated herein by reference and which is entitled Site Plan as prepared by Koziol Engineering Services and revised May 23, 2008. (xi) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. C. RECAPTURE. Paragraph 4 of the original Planned Unit Development and Annexation Agreement is hereby modified to include item D to state: "The OWNER/DEVELOPER shall pay the CITY an amount of$1,500.00 per acre of the SUBJECT PROPERTY plus 6% interest per annum calculated from July 1, 1995 immediately upon approval of a Final Plat of Subdivision or at the time of issuance of the first building permit on the SUBJECT PROPERTY,whichever occurs first per Resolution 1995-13. D. RECAPTURE AGREEMENT. In the event the CITY requests the OWNER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will —8— serve property other than the SUBJECT PROPERTY, and benefit other properties, then the CITY agrees to adopt recapture ordinances to reimburse the OWNER for such expenses including construction and other costs which may reasonably be expected to be incurred by the OWNER. E. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. F. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. Except to the extent modified herein the original Planned Unit Development and Annexation Agreement entered into between the parties are hereby ratified and re-confirmed as the Agreement of the parties. G. BINDING EFFECT AND TERM. This First Amendment to Planned Unit Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and Owner 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. —9— H. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Kathleen Field Orr, City Attorney 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: HRM Properties and Development 300 N. Lake Street Montgomery, IL 60538 Attn: Harold Oliver With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. I. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. —10— J. 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. —11— IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: CITY Clerk Dated: OWNER/DEVELOPER: HRM PROPERTIES AND DEVELOPMENT, LLC By: Attest: Dated: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —12— EXHIBIT LIST Exhibit"A" Legal Description Exhibit"B" Concept PUD Plan —13— Exhibit"A„ LEGAL DESCRIPTION That part of the Northwest Quarter of Section.29,Township 37 North,Range 7 East of the Third Principal Meridian described as follows;Beginning at the Northeast Corner of said Northwest Quarter,then South 88°41'11" West, along the South Line of Oak Knolls Subdivision, 285.05 feet to the East Line of Cannonball Trail;then South 21'49'35"East along said East Line, 23190 feet to an angle point therein;thence South 68'10'25" East along said East line, 5.0 feet to an angle point therein;thence.South 18'56'06" West along said East line 118.52 feet to an angle point;then South 21°49'35"West along said East line 185.73 feet to an angle point,then South 45'10'25" East along said East line 73.20 feet to the Northerly line of US Route No. 34;then Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter;thence North 00'49'35" on said Fast line, 697.74 feet to the point of beginning in Bristol Township, Kendall County,Illinois and containing 6.148 acres. 12 EXHIBIT B 3 F �o®oa®n�*o��Y ago m q ZVl 9="Pm1 t"; _ �seaaKK�s lz goh w„fg a a aYn m`6G„ga — sfl �smo� .osm n .- m dW aw_oe. €�'kO CID a §W 3g k.��exYWG' p J DW�F�»Seg 8 �• P°gzb�•s �� Wwin of Yrna+za � 6971, N S _ I I gk -------Lo_ « - cq R« — N - x�oeavtla — o� e I I II Rtltl� f I I I y l / I -- g Y <5� July 8,2008 Draft July 15,2008 Staff Redline STATE OF ILLINOIS ) )SS. COUNTY OF KENDALL ) FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OF OLD KENT BANK SUCCESSOR-TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA TRUSTEE UNDER TRUST#5085 AND ARTHUR SHERIDAN(FORMER OWNER)AND COURTHOUSE SQUARE,LLC(FORMER DEVELOPER) N/K/A HRM PROPERTIES AND DEVELOPMENT,LLC(OWNER) PROJECT TO BE KNOWN AS CANNONBALL TRAILS THIS AGREEMENT is made and entered into this day of 2008 by and between THE UNITED CITY OF YORKVILLE,Yorkville,Illinois,a municipal corporation,located in Kendall County,Illinois(hereinafter referred to as"CITY"),HRM PROPERTIES AND DEVELOPMENT,LLC,an Illinois Limited Liability Company (hereinafter referred to as"OWNER/DEVLEOPER"),of the County of Kendall, State of Illinois. WITNESSETH WHEREAS,OWNER/DEVELOPER of the real property which is the subject matter of said Agreement comprising of approximately 6.14 gross surveyed acres,more or less,and is more particularly described in the attached Exhibit"A",which is attached hereto and —1— incorporated herein by reference and is hereinafter referenced as the"SUBJECT PROPERTY"; and WHEREAS,the SUBJECT PROPERTY is located within the corporate boundaries of the CITY;and is not located within the corporate boundaries of any other municipality;nor is any portion thereof classified as flood plain; and the SUBJECT PROPERTY was previously annexed to the CITY under Document#2000-12562 filed with the Kendall County Recorder of Deeds on September 15,2000;and WHEREAS, said Planned Unit Development and Annexation Agreement at the time classified various portions of the development with certain zoning classes represented by B-1 Limited Business District and B-2 General Business District under the CITY Zoning Ordinance; and provided certain restrictions of use which are hereby requested to be amended by OWNER/DEVELOPER as follows: 1) That OWNER/DEVELOPER requests an amendment of said Planned Unit Development conforming the existing Agreement and Zoning of the SUBJECT PROPERTY to Planned Unit Development,in conformity with the current United City of Yorkville Zoning Ordinance. 2) That the uses permitted under the original Planned Unit Development and Annexation Agreement shall be permitted to specifically allow as a permitted use under the PUD Classification to operate a gas station with car wash and Comment[TM11:The current PUD convenience center without an hour limitation L Lot 1 of the SUBJECT includes an hour of operation limitation of 6AM to midnight for uses on the property. Staff recommends not PROPERTY as described In Exhibit"A". amending this limitation for Lot 1 based on the public hearing testimony regarding concern for the gasoline station use. —2— Staff Redline-July 15,2008 Comment[TM2]:The Concept Plan 3 That no more than ne 1 drive-thru aclli shall be ermitted as a ermitted us depicts the location of the potential drive- (� —p thru facility to be at the east side of the retail building on proposed Lot 3. The within the commercial center located on Lot 3 of the SUBJECT PROPERTY as ability to properly circulate and stack m \ vehicles through this drive-th lane would be diminished with 2 facilities— » \ staff recommends a maximum of one " described in Exhibit \ � 1 drive-thm facility as depicted on the proposed Concept PUD Plan. 4) That paragraph 3(b)of the original Planned Unit Development and Annexation Deleted:two 1 Deleted:2 Agreement is hereby modified to delete any reference to a lack of sanitary sewer Deleted:restaurants Deleted:s capacity available through Yorkville Bristol Sanitary District in that it has been Comment[TM3]:Lot 2(proposed bank)as depicted by the Concept PUD affirmatively represented that adequate sanitary sewer capacity currently exists to Plan also includes a drive-thru facility which should be included/described in this provision. serve the SUBJECT PROPERTY. 5) That paragraph 8(b)of said Planned Unit Development and Annexation Agreement is hereby modified to permit the design,construction,and location of a daycare center with rear yard setback to the north as shown on the Preliminary PUD Concept Plan attached hereto and incorporated herein as Exhibit`B"(Site Plan). That the rear setback of said building shall include on the rear yard berming,landscaping,and boundary line fencing to separate its proximity to neighboring residential uses to the north in conformity with Exhibit"B"(Site ,x Deleted:the United City of Yorkville Plan)and�Title 8,Chapter 12 of the City Code Bookin effect at the date of Landscape ordinance Deleted:that is approval of this PUD Amendment. OWNER/DEVELOPER shall not be required to maintain a four hundred(400')setback,said condition from paragraph 8(b)of said Planned Unit Development and Annexation Agreement having been herein modified and deleted. 6) That paragraph 8(d)of the Planned Unit Development and Annexation Agreement Deleted:said daycare center shall be modified to permit parking to be calculated for�he daycare use proposed —3— Staff Redline-July 15,2008 on Lot 4 of the Concept PUD Plan. Said daycare use shall provide one(1) x Comment[TM4]:The petitioner has parkin space pace per each employee plus One 1 parking space for every student explained staff that the license for the � daycare would allow for 142 students and 18 staff—the parking lot design included 7) That the original Planned Unit Development and Annexation Agreement shall be on the concept PUD dace include an \ adequate number of spaces to accommodate this amount on proposed modified to require OWNER/DEVELOPER to comply with the current United Lot 4. Deleted:on the basis of prior constructed similar uses as approved by City of Yorkville Landscape Ordinance ber Title 8 Chapter 12 of the Ci Cod the united city of Yorkville zoning and Community Development Staff,rather than the strict requirement of the United 8) OWNER/DEVELOPER has agreed to comply with Best Management Practices City of Yorkville subdivision control ICode for parking spaces per square foot in the design,construction,and implementation of a stormwater control facility of building. I Comment[TM5]:The`Preliminary Landscape Plan'submitted by the taking due account of potential chemicals,or petroleum products being detained, petitioner is deficient of the requirements I of the current landscape code—staff recommends removing this as an exhibit maintaining water quality standards and releasing no pollutants to Blackberry 1 and simply relying on the code to be Icomplied with when Preliminary PUD Plans are submitted. Creek. Deleted:, Deleted:and adherence to the 9) OWNEW/DEVELOPER is desirous of developing with the setbacks as set out in Preliminary Landscape Plan submitted and attached hereto and incorporated herein as Exhibit"C"to this Agreement. Exhibit`B"(Site Plan)attached hereto and incorporated herein by reference and which is entitled Site Plan as prepared by Koziol Engineering Services and revised May 23,2008. Formatted:Indent:Left: -0.12", WHEREAS,the OWNER/DEVELOPER acknowledge the SUBJECT PROPERTY is ~ First line: 0.62" within the territoKy described by Resolution 1995-13 and is subject to a recapture payment for water and sanitary sewer infrastructure to the CITY payable at the time of Final Subdivision Plat approval or issuance of the first building permit,whichever occurs first. WHEREAS,The CITY and its Plan Commission has considered the Petition to Amend the Planned Unit Development and Annexation Agreement as to the SUBJECT PROPERTY, Deleted: and the Plan Commission WHEREAS,OWNER/DEVELOPER and their representatives have held a Public recommended approval of said PUD — — — — — Amendment as to setbacks,which we depicted in the attached Exhibit`B"(Site Hearin in front of requested an Plan)and which remains as shown in the Hearing ft f the City Council on July 22>2008�as to said re td PUD Amendment d q Site Plan originally tendered to and revised by the CITY with the original prior to the execution of this Agreement;and said Public Hearing Notice,was duly published and Annexation Petition and ordinance.¶ —4— Staff Redline-July 15,2008 a Public Hearing was held to consider this Agreement,as required by the statues of the State of Illinois in such case made and provided;and WHEREAS,in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5,inclusive,relating to Annexation/Planned Unit Development Agreements,the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future,as authorized by,the provisions of said statutes;and WHEREAS,pursuant to due notice and publication in the manner provided by law,the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization,approval and execution of this Amendment to Annexation/ Planned Unit Development Agreement by the CITY. NOW THEREFORE,for and in consideration of the mutual promises and covenants herein contained,the parties agree,under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5111-15.1-5,as amended,as follows: A. ZONING. The CITY shall adopt an ordinance approving the requested PUD Amendment as to the SUBJECT PROPERTY described herein in the attached Exhibit"A"as to the Amended Application of the Cannonball Trails Project as set out in the attached Exhibit`B"; (i) As to each of the requests made in the Amended Application for Planned Unit Development and Annexation Agreement amendment request;and as specifically hereinafter set out,and in addition thereto the CITY hereby agrees and said —5— Staff Redline-July 15,2008 Ordinance to change the zoning classifications on the SUBJECT PROPERTY pursuant to said amendment to Planned Unit Development Zoning. B. RESTRICTIONS. (i) Amendment of said Planned Unit Development conforms to the existing Agreement and Zoning of the SUBJECT PROPERTY to Planned Unit Development,and conforms with the current United City of Yorkville Zoning Ordinance. (iii) The uses permitted under the original Planned Unit Development and Annexation Agreement are permitted to specifically allow as a permitted use under the PUD Deleted:without an hour limitation Classification to operate a gas station with car wash and convenience centergn Lot 1 of the SUBJECT PROPERTY as described in Exhibit"A". Deleted:two (iv) No more than pne_W drive-thru facility,shall be permitted as permitted uses Deleted:2 Deleted:restaurants within the commercial center located on Lot 3 of the SUBJECT PROPERTY as Deleted:are described in Exhibit"A". (v) That paragraph 3(b)of the original Planned Unit Development and Annexation Agreement is hereby modified to delete any reference to a lack of sanitary sewer capacity available through Yorkville Bristol Sanitary District in that it has been a firmly represented that adequate sanitary sewer capacity currently exists to serve the SUBJECT PROPERTY. (vi) That paragraph 8(b)of said Planned Unit Development and Annexation Agreement is hereby modified to permit the design,construction,and location of Deleted:Preliminary a daycare center with rear yard setback to the north as shown on the gpncent PUS Deleted:Concept Flan attached hereto and incorporated herein as Exhibit"B"(Concept PUD Plante Deleted:Site Plan —6— Staff Redline-July 15,2008 That the rear setback of said building includes on the rear yard berming, landscaping,and boundary line fencing to separate its proximity to neighboring Deleted:Site residential uses to the north in conformity with Exhibit"B" Concept PUD Plan) and the United City of Yorkville City Code Title 8,Chapter 12(Landscape Ordinance)that is in effect at the date of approval of this PUD Amendment. OWNER/DEVELOPER is not required to maintain a four hundred(400')setback, said condition from paragraph 8(b)of said Planned Unit Development and Annexation Agreement having been herein modified and deleted. t Formatted:Bullets and Numbering (vii) That paragraph 8(d)of the Planned Unit Development and Annexation Agreement is hereby modified to permit parking to be calculated for said daycare center use proposed on Lot 4 of the Concept PUD Plan. Said daycare use shall provide one Comment[TM6]:The petitioner has (1)parkin space space per each employee one(1 daycare w parking for every studenU� explained daycare staff that the license for the ould allow for 142 students and 18 staff—the parking lot design included (viii) That the Preliminary Planned Unit Development com�lx with Ci Code on the concept PUD apes include an • adequate number of spaces to accommodate this amount on proposed Title 8,Chapter 12(Landscape Ordinance)„ Lot 4. I Deleted:<#>on the basis of prior constructed similar uses as approved by (ix) OWNER/DEVELOPER has agreed to comply with Best Management Practices in 1` the United city of Yorkville zoning and 111 Community Development Staff,rather than the strict requirement of the United the design,construction,and implementation of a stormwater control facility City of Yorkville Subdivision Control 1 I1 Code for parking spaces per square foot I taking due account of potential chemicals,or petroleum products being detained, of building.¶ IDeleted:original maintaining water quality standards and releasing no pollutants to Blackberry I Deleted:and Annexation Agreement IDeleted:ies Creek. Deleted:the current United City of Yorkville (X OWNER/DEVELOPER will develop with the setbacks as set out In Exhibit"B" Deleted:,and adherence to the ) 1� Preliminary Landscape Plan submitted and attached hereto and incorporated attached hereto and incorporated herein by reference and which is entitled Site herein as Exhibit"C°to this Agreement. Plan as prepared by Koziol Engineering Services and revised May 23,2008. —7— Staff Redline-July 15,2008 (xi) That in all respects,the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance,Subdivision Control Ordinance,and all other applicable Ordinances except to the extent modified herein. C. RECAPTURE. Paragraph 4 of the original Planned Unit Development and Annexation Agreement is hereby modified to include item D to state: "The OWNER/DEVELOPER shall pay the CITY an amount of$1,500.00 per acre of the SUBJECT PROPERTY plus 6%interest per annum calculated from July 1, 1995 immediately upon approval of a Final Plat of Subdivision or at the time of issuance of the first building permit on the SUBJECT PROPERTY,whichever occurs first per Resolution 1995-13. D. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort,to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. Deleted:D ._ COVENANTS AND AGREEMENTS. The covenants and agreements contained, in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs,successors and assigns of the parties hereto,including the CITY,its corporate authorities and their successors in office,and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. Except to the extent modified herein the original Planned Unit Development and Annexation Agreement entered into between the parties are hereby ratified and re-confirmed as the Agreement of the parties. —8— Staff Redline-July 15,2008 1 Deleted:L BINDING EFFECT AND TERM. This First Amendment to Planned Unit_ Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,and their successors and Owner 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. Deleted:F G. NOTICE. �kny notices required hereunder shall be in writes and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid,addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville,IL 60560 With a copy to: Kathleen Field Orr,City Attorney 800 Game Farm Road Yorkville,IL 60560 To OWNER/DEVELOPER: HRM Properties and Development 300 N.Lake Street Montgomery,IL 60538 Attn: Harold Oliver With a copy to: Law Offices of Daniel J.Kramer 1107A S.Bridge St. Yorkville,IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. Deleted:F ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. —9— Staff Redline-July 15,2008 In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions,said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. Deleted:x 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. —10— Staff Redline-July 15,2008 IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this day of ,2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: CITY Clerk Dated: OWNER/DEVELOPER: HRM PROPERTIES AND DEVELOPMENT,LLC By: Attest: Dated: Prepared by and Return to: Law Offices of Daniel J.Kramer 1107A S.Bridge Street Yorkville,Illinois 60560 630.553.9500 —11— Staff Redline-July 15,2008 EXHIBIT LIST Exhibit"A" Legal Description Exhibit`B" Concept PUD Plan Deleted:Site Plan Deleted:Exhibit"C"- .Preliminary Landscape Plan —12— 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466-9380 www.eeiweb.com Engineering Enterprises, Inc . June 3 , 2008 Mr. Joseph A . Wywrot, P . E . City Engineer United City of Yorkville 800 Game Farm Road Yorkville , IL 60560 Re: Cannonball Trails P. U. D. Site Plan Review #2 United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot : We have reviewed following materials submitted for the above- referenced project: • Cannonball Trails . Site Plan prepared by Koziol Engineering Services consisting of one sheet revised May 23 , 2008 . • Application & Petition to Amend Planned Unit Development (PUD) Agreement dated April 25 , 2008 . • Elevation & Concept Sheet prepared by Kozial Engineering Services consisting of one sheet dated April 25 , 2008 . We offer the following comments : GENERAL COMMENTS 1 . The revised plans have provided a continuous northbound right turn lane along the Cannonball Trail frontage and the extension of the southbound right turn lane back to the entrance to Kendall Marketplace . While the separations between the two new access points and between the Kendall Marketplace access and the north most new access point are slightly below standards ( 185 feet versus 200 feet) as set forth in the City' s Subdivision Control Ordinance , these separations should allow traffic to function Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot, P . E . June 3 , 2008 Page 2 of 3 normally on Cannonball Trail and allow for the ingress egress locations as shown . It should be noted , however, that these improvements will necessitate the relocation and reconstruction of a portion of the existing bituminous pathway ( not shown ) on the west side of Cannonball Trail . An existing traffic signal will also need to be relocated at the northeast corner of U . S . Route 34 and Cannonball Trail . A traffic signal modification plan will most likely need to be prepared and submitted to IDOT for review. An IDOT Highway Permit will be required for all construction within the IDOT right-of- way. 2 . As mentioned in our previous letter, IDOT may require a right turn deceleration lane east of the US Rte . 34 right-in/right-out access point . This item will fall under IDOT review and jurisdiction . IDOT will also have jurisdiction regarding any additional right-of-way or easements required of this development . Site plans , including the design of the south detention area , should be forwarded to IDOT for review . 3 . Utility easements are typically required on all lot sides . All on-site public utilities and stormwater management areas should also be located within easements (described or blanket) . 4 . The stormwater detention area shown on the site plan (concept) appears to be approximately half the size of what will ultimately be required . During Plan Council , the developer indicated that underground detention is anticipated . Resolution of storm water management and the development of a stormwater management plan should be a high priority during preliminary engineering phase of this development . 5 . Existing topography and contours and all proposed utilities , grading and stormwater facilities should be developed in the preliminary engineering phase of this development. 6 . Sidewalks have been added on Route 34 and Cannonball Trail as requested . Connections both west and south should also be shown on the plans . (Sidewalk stubs on the NE corner of Rte 34 and Cannonball have been constructed by Kendall Marketplace . ) 7 . The proposed vacuum/air pumps , pay phone and monument sign at the southwest corner of the development should be located outside of proposed easement areas . These items can be evaluated at Preliminary Engineering . 8 . All other previous comments have been addressed . G :\PLiblic\Yorkville\2008\YO0812 Cannonball Trails\Doc\IwytiwrotSite Plan02 ,doc Mr. Joseph A. Wywrot, P . E . June 3 , 2008 Page 3 of 3 SUMMARY The petitioner/developer has been quite responsive to the issues raised in the various review letters and the comments elicited at the Plan Council meeting . Subject to the comments presented above , we recommend the approval of the site plan on a conceptual basis . If you have any comments regarding the above or require any additional information , please feel free to contact our office Sincerely , ENGINEERING ENTERPRISES , INC . Oloiz % 7 41(00�� William E . Dunn , P . E . Senior Project Manager pc : Charles Wunder, Urban Planner Annette Williams , Administrative Assistant JWF/DRM , EEI G :\Pitbiic\Yorkville'120081YO0812 Cannonball Trails\Doc\1wywfo,Site Plan02,doc United City of Yorkville � o t� 800 Game Farm Road EMT 163F Yorkville, Illinois 60560 °� ie . ay 'o Telephone: 630-553-4350 4L "��,,�� Fax: P 630-553-7575 PC# FIRST AMENDED APPLICATION&PETITION TO AMEND ANNEXATION or PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT Development Name: Cannonball Trails DateofSubmission: 4/25/2008 1. Name of Petitioner(s): HRM Properties & Development LLC Address: 300 N. Lake St, Montgomery, TL 60538 Phone Number: 530-859-1044 Fax Number: 630-859--0813 Emall Address: moliver@masoneorpinc.com Relationship of Petitioners)to subject property: KOwner a Developer a Contract Purchaser 2. Name of holder of legal title,if different from#1: First National Bank of Ottawa Trust # 2466 If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: _ HarQld R-_ Oliver+ RPha�r�a p_. O1 ,vPr 3. a). Street address and physical location of subject property: NEC of Cannonball Tr. and US Route 34 b). Legal description of property; attach as Exhibit"A": c). Total Acreage: 6. 14 d). Kendall County Parcel Number(s)of property: 02-29-100-005 02-29-100-004 e). Current zoning Classification: PUD, Office District, B-1 Business, & B-2 Business Dist. f). Zoning Classification Requested if changingzoning: City of Yorkville PUD Zoning Classification 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) PaP4 i ara United ciiy nrYnrkville AalendAnnesaGnnlPUD Applicaeiun Rcvlsed: 11/28/06 S. Date of Annexation or PUD Agreement sought to be amended: 8/10/2000 Name of Agreement: See Attached Date of Recording: 9/15/2000 Attach a true and correct copy of agreement as Exhibit"C". 6. State the items to be amended from the existing annexation or PUD agreement. S.Peccial Use zQnincr for front- n,ftl ots _ See attached Exhibit "B" 7. Contact Information: Name,address, phone number,fax number,and email address of person to whom inquiries regarding this petition may be directed: ye-r - hali ver-Smasnncor-pi nr com Ph — 630-859-1044 Fax — 630-859-0813 Attorney: !Name: Daniel Kramer Address: 1107 A South Bridge St, Yorkville _ Phone Number: 630-553-9500 l=ax Number. 530-553-5764 Email Address: dkramer @dankramerlaw,com Engineer. Name: Jim Koziol Address: 1709 Ogden Ave, Lisle, 60532 Phone Number. 630-435-8686 Fax Number: 630-435-8689 Email Address: j,3kc)ziol@aol.com Land Planner Name: Address: Phone Number: Fax Number. Email Address: 8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to page 4 of this application 'Petitioner Route, Step 1, Fees and/or contact the Deputy Clerk for verification of this amount). c. Site Plan (If necessary): 40 sets folded to fit in a 10"x 13"envelope d. One CD containing one electronic copy(pdf)of each of the signed application (complete with exhibits)and site plan. Page,ora United City or Yorkville AmendAnnexation/PUD Application Revised: 1 112RI06 In witness whereof the following petidonegs)have subrr6 W this applloOon under oath and verify that to the bestof thelt knowledge ft contents are true-and mrr>eot and swear that the property to be Anrsmt Is contiguous to the United City of Yorkville, Date: -April •24, 2008 Po3titionegs)Signature: (AII lep property owners.of reooitt signatures must appaar on this applirxrlion,) F t National Bank of Ottawa, 11. ; as'Trustee,'. Laud-Tr�st ,#2466 r unavan, Trust Officer Attest:=s Mary OP McAlpine,-Asst. Trust Off icar Subufted and swam to before me this 24th day of April .200 a _ Notary Seal rHIS APPUCATJON MUST BE NOTARIZED "OFFICIAL SEAL- UN t.W* Notary Pubk,State of jNrj is My COMFr ssbn Exp5es im.23,2M 1 Pai;c 3 e{4 uniud City ork'udcvi1FaAm,:ndAm=a11on,1?tJ1)jAVpliodnq Rn+.M* I1nwo Z@/Z@ 39dd 1d3a isnal 11360PEOGT9 99:9Z 090Z/tiZ/00 AMENDMENT TO ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD)AGREEMENT PETIl10NER ROUTE Step 1: Petitioner must submit a completed application,fees*and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County,Illinois Department of Transportation, Illinois Department of!Natural Resources, U.S.Army Corps of Engineers,etc.,to allow timely review by City. "Fees: 1. a. Annexation/PUD Amendment-$500 b. Deposit for Outside Consultants-under 2 acres=$1,000 2 to 10 acres= $2,500 over 10 acres=$5,000 Note: Owner/Developer will be responsible for,payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs(i.e.legal review, land planner, zoning coordinator,environmental,etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m.in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Amendment to AnnexationfPUD Agreement. For a public hearing, the petitioner shall complete and submit to the Clerk's office an application with a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will be given by publication by the United City of Yorkville in the Kendall County Record at least 15 days but no more than 30 days prior to the public hearing date. Before this amendment can move forward to Committee of the Whole,a"draft"Amendment to Annexation or PUD Agreement must be written. Step 3: Committee of the Whole: The Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session Is to discuss and consider recommendations of prior committee meetings and for review of the draft amended agreement. Step 4: City Council for vote on the amended agreement. Any amendment to an annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any Incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your recor )to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road,Yorkville, Illinois 60560. Signature of Petitioner Page 4 nr4 United City of Yorkville AmcnilAnncxutinnlPUD Application Revised: i IM10G Exhibit"A„ LEGAL DESCRIPTION That part of the Northwest Quarter of Section;29, Township 37 North,Range 7 East of the Third Principal Meridian described as follows;Beginning at the Northeast Corner of said Northwest Quarter,then South 88°41'11"West, along the South Line of Oak Knolls Subdivision, 285.05 feet to the East Line of Cannonball Trail;then South 21°49'35"East along said East Line,231.90 feet to an angle point therein; thence South 68'10'25" East along said East line, 5.0 feet to an angle point therein;thence.South 18°56'06"West along said East line 118.52 feet to an angle point;then South 21°49'35"West along said East line 185.73 feet to an angle point; then South 45'1 0'125" East along said East line 73.20 feet to the Northerly line of US Route No. 34;then Easterly along said Northerly line, 462.40 feet to the East dine of said Northwest Quarter;thence North 00'4935" on said East line, 697.74 feet to the point of beginning in Bristol Township, Kendall County,Illinois and containing 6.148 acres. 12 EXHIBIT"B" NOWCOMES Petitioners, FIRST NATIONAL BANK OF OTTAWA as Trustee under Trust#2466 as OWNER and FIRM PROPERTIES and DEVELOPMENT, LLC hereinafter referenced as DEVELOPER who as Co-petitioners herein move approval from the United City of Yorkville City Council for approval of its First Amendment to Planned Unit Development and Annexation Agreement dated August 10,2000 as follows: 1. That the zoning set out in paragraphs 3 of the recital page 2 of said original Annexation and PUD Agreement and paragraph 2a of page 3 of the ordering portion of said Annexation Agreement are hereby modified to provide that the zoning classification of the entire property shall be United City of Yorkville Planned Unit Development Zoning. 2. That the uses provided in and permitted by said Annexation Agreement on page 2 in paragraph 3 of the recitals page of said Annexation and PUD Agreement shall be modified to specifically permit gas station with car wash and convenience center; drive thru restaurants in conjunction with restaurants as listed in Exhibit`B"of permitted uses; and carryout/drive-in associated with carryout as permitted in the Permitted Use List attached to the original Annexation/PUD Agreement. 3. That paragraph 2d of said Annexation Agreement be modified to permit the operation of a convenience store associated with the gas station use limited to the lot located closest to the intersection of Route 34 and Cannonball Trail Road, to 24 hour operation. 4. That paragraph 3b of said Annexation Agreement be modified to delete any reference as to lack of capacity of the Yorkville Bristol Sanitary District to provide sanitary sewer service to the subject property and that Petitioners affirmatively state that all development will be connected to City of Yorkville or Yorkville Bristol Sanitary District sanitary sewer mains from the time of development forward. 5. We want to modify paragraph 8 of said Planned Unit Development and Annexation Agreement to provide that building locations, architectural guidelines,parking lot locations, and the like shall be in conformance with the ultimate site development plan/final PUD Plan to be approved by the United City of Yorkville, City Council, with the Amended Annexation/PUD Agreement. 6. That paragraph 8b of said Agreement shall be modified to permit a day care center with the setback shown on the final PUD Plan and Site Development Plan, as well as all final engineering and final plats to be approved with the Amended Planned Unit Development Agreement, with no 444 foot distance having to be maintained between the daycare center and the north boundary of the subject property. 7. That paragraph 8d of the original Planned Unit Development and Annexation Agreement shall be modified to permit parking to be calculated for the daycare center on the basis of prior experience with similarly situated daycare centers built by Petitioners in the Kendall County and Southern Kane County Area. Except to the extent permitted for the daycare center in reference to parking the remainder of the United City of Yorkville Zoning Ordinance as to parking standards shall be complied with as to all other structures constructed on the real property described in Exhibit"A". S. Paragraph 8f of said Annexation and Planned Unit Development Agreement shall be modified to permit landscaping as approved together with Final Plat and Final PUD Plan as approved by the United City of Yorkville, City Council, based upon the amended filing and uses of Petitioner. ATT Y 7ORPITIONERS: Attorney Daniel J. Kramer a � CANNONBALL TRAILS 507+75 / \ \ / 508 00 THE S -1 -F -E p L \ PROVIDE 30' NORTHEAST CORNER OF T OF \ \ LANDSCAPE BERM NORTHWEST QUARTER SEG NW SECTION 29-37-7 THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN 507+39 KNOLLS SUBDNISION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 88 DEGREES 41 MINUTES \ \ \ SOUTH LINE OF OAK 11 SECONDS WEST, ALONG THE SOUTH LINE OF OAK KNOLLS SUBDIVISION, 285.05 FEET TO THE EAST LINE OF CANNONBALL TRAIL; THENCE / S BB-41'11"W• SOUTH 21 DEGREES 49 MINUTES 35 SECONDS WEST ALONG SAID EAST LINE, 231.90 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 68 1 \ 285 05 DEGREES 10 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE 5.0 FEET TO AN ANGLE POINT THEREIN; THENCE SOUTH 18 DEGREES i \ 56 MINUTES 06 SECONDS WEST ALONG SAID EAST LINE, 198.24 FEET TO AN ANGLE POINT; THENCE SOUTH 21 DEGREES 49 MINUTES 35 \ \ SECONDS WEST ALONG SAID EAST LINE, 185.73 FEET TO AN ANGLE POINT; THENCE SOUTH 45 DEGREES 10 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE, 73.20 FEET TO THE NORTHERLY LINE OF US ROUTE NO. 34; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 506+95 \ 462.40 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00 DEGREES 49 MINUTES 35 SECONDS WEST ALONG ° SAID EAST LINE, 697.74 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. \ / 44' 506+ 1 \ �------------- > 7 \ 10,14, O Z > 'LJ \ \ 507 00 o - o z PROPOSED EXPANDED LANE \ 5.00' 0 ' � -O O (APPROX. 250 LF CURB, 1875 - Q' - D SF OF PAVEMENT WORK) q D ,� - Q a Q O1' / 1 0' 24.00' 19. 1125.00' Z 4 PROPOSED SIGN / ^� -� _ PROPOSED B - 2 ZONING ® o KINDERCARE STOP SIGN �P a 9,500 SQ. FT. m 4 . REQUIRED PROPOSED (NP) 506 00 LOT 4 -- ' DUMPSTER LOT AREA (min) 10,000sf 44,518sf (LOT 1 ) / ----' ENCLOSURE FRONT YARD (min) N/A N/A - ` ° X400 ES SIDE YARD to side lot line 20' 20' (LOT 1 ) 6 SPA ES 0 5 o SIDE YARD Adjacent to street 30 35.85 LOT 1 ° ° J LOADING BERTH) 0 0o REAR YARD 30' 33.87' (L 0 T 2) R° PROPOSED DEDICATION APPROX. 5' STOP SIGN TRANSITIONAL YARD to residential 30' 30' (LOT 4) TO MAINTAIN UNIFORM R.O.W. WIDTH (TYP) 1 SPACES 0-9'=1170 LOT COVERAGE RATIO (max) 80% 79.0% (LOT 1 ) / 505®00 LANDSCAPE AREAS (TYP) 'DO NOT ENTER' SIGN (TYP) 77 SP 3 CE 'LEFT TURN ONLY' SIGN / 2 -s-r� S 54. 0' ® 9'- 6.0' / j J :ACE ® . '=61.00, Z Q 5' CONCRETE WALK 47. 0' PROPOSED 10'x20' � z T OZ` 3 N DUMPSTER PADS (2) LOT AREAS: LCR* BUILDING AREAS: REQUIRED PARKING PROPOSED PARKING L SID •=s0 150.00 4.00' 10 6.0' FOUNDATION o G LOT 1 0.978 ac 21 .8% 3,220 sf GAS STATION 11 SPACES (3.3: 1000) 14 SPACES (4.46: 1000) / PLANTINGS (TYP) C I �.0 0 24.°° o `t �° 0M LOT 2 1 .177 ac 9.7% 3,000 sf BANK 10 SPACES (3.3: 1000) 23 SPACES (7.66: 1000) a o �, 503+76 / 0 Y o 90.00 I �w LOT 3 2.554 ac 13.5% 15,000 sf RETAIL 50 SPACES (3.3: 1000) 85 SPACES (5.66: 1000) \ � �504�00 � Q ° SP - 3 � so.00' or INTERNAL HALL � �� z ----------- -- - - I o 12 SPACES® a z 15,000 SQ. FT. 90 00 m o r � 0 LOT 4 1 .291 ac 16.9% 9,500 sf KINDERCARE 38 SPACES (TBD) 38 SPACES (4: 1000) STOP �cN RETAIL BUILDING o I I m= TOTAL 6.00 ac 29,636 SF TOTAL - 109 SPACES TOTAL - 160 SPACES Lri I'=I z O ��a loo• o � / 8' CONCRETE yyq 150.00 DRIVE m STOP SIGN & 'NO THRO' � *LCR INCLUDES ALL PERMANENT HARD (IMPERVIOUS) SURFACES LEFT TURN' SIGN / ° 0 ONE 5 PAES - WAV 5 S AC PAINTED 1 3 .0 / ISLAND 'DO NOT ENTER' SIGN (TYP) - 0 50 0 LEGEND 7 PA ELECTRIC/GAS v METERS b - - - - PROPOSED CROSS xq7 �° ACCESS EASEMENT EXISTING GRADE / Oj/ ♦ - o - - - - - - ♦ - - -�� 689� PROPOSED GRADE .5j ----DUMPSTER STORM SEWER 9424 0' w 9�'0 23. - ----------•-- SANITARY SEWER /J ___ DUMPSTER GAS STATION C7 2 ® ENCLOSURE b 3220 S.F. o z zcn� - - O WATER MAIN / 92.0 D Do 6.0, N" 502 0 v 2n ® M FOUNDATION PLANTINGS 734 26 EXISTING SPOT GRADE M 1 s Es m 3 sPC m 12.00 50.00 X 689.0 PROPOSED SPOT GRADE C) ° 0 3,000 SF / ==5, ° 1 . 9.0= 700' - -- -- --�-- SILT/CONSTRUCTION FENCE 501+35 D�6Z� I 2400 _ N CIA- PROPOSED -O DS DOWNSPOUT ® STORM SEWER MANHOLE BANK --------- - - •ter-------------� .00' 20.00' xis ��6Z 50.00 ® INLET >i/vc s'R Cow b Gas Pumps a ® SANITARY SEWER MANHOLE p 16 Filling Poin s PROPOSED SIGN p ELECTRIC METER ------ - LOT 2 o❑ GAS METER 0 1 U FIRE HYDRANT ° LOT 1 a'o 11 SPA AIR & o N UTILITY POLE VACCUM PUMPS \ n o (TYPICAL 3 0 CONIFEROUS TREE LOCATIONS) �� _ _ °� RELOCATE TAPER SUCH THAT THE TAPER o ° DECIDUOUS TREE PRSZ�O$ED 5 PUBLIC WALK BEGINS AT THE END OF THE 30' RADIUS ° N PROPOSED MONUMENT SIGN = -NO H LINE OF U WATER VALVE S. ROUTE NO. 34 --- r, SERVICE TUB CAP PAY PHONE / •° --- ________ _ EXPANDED RIGHT TURN LANE CORRUGATED METAL PIPE o UTILITY POLE XgND RIGHT TURN LANE ® B-BOX 500+DO THRU PROPOSED ENTRANCE 50 - Z - 357�n0- - -3509 - -- - - - - - - _ _ X LIGHT ON GROUND OR WALL 355(D - G---e --e WOOD FENCE U.S. _RO_UTE - GRAVEL - NCO 3`� PROVIDE ASPHALT -------- 357mp0 ® INLET PROTECTION GRAVEL ADA INVERTED CONE -------------------- SIGN ® WHEELCHAIR ACCESSIBLE )N` TRAFFIC FLOW RESTRICTION ♦ TRAFFIC FLOW ARROWS BENCH MARK ELEVATION: 638.93 h PREPARED BY REVISIONS PREPARED FOR: N0. DATE DESCRIPTION N0. DATE DESCRIPTION CANNONBALL TRAILS KOZIOL ENGINEERING SERVICES 0 04/22/08 SITE PLAN HRM PROPERTIES AND DEVELOPMENT Professional Engineers 1 05/23/08 SITE PLAN(revised per Yorkville review) 300 NORTH LAKE STREET 1709 OGDEN AVE. 1 05/28/08 REVISED GAS STATION CONCEPT SITE PLAN MONTGOMERY, ILLINOIS 60638 LISLE, IL. 60532 (630) 859-1044 6301435-8686 CIVIL/ CONSULTING ENGINEERS DSGN. BY: JEK FILE NAME: 05171 SITE 05-28-08 SHEET NO. DRN. BY: AOP SCALE: 1"=50' 1 of 1 I 00 � W a� Q Q N a_ W d W � Mobil Mobil 00 0 LLJ ,-, O W O FRONT ELEVATION ° _ � W0 GAS STATION _j SCALE 1 /4"=1 '-0" � E o Q (n co W co Z w v L , O Z Q � � tD W X � dfW (_0Q JN0JLL w ® ~ o 00 (D Ll L-1 L-1 Ll NWon °0 CD p �- �- JU-) V o N � CV) 21 cn a = d \ , W \ / O \ / > -LL L�L LL m W � cf) Q) L> C'3 Q Ln co Z °' z ° FRONT ELEVATION °C w w 6 ° J 0 ANK - o W o o w SCALE 1 /4"=1 '-0" n Z on 03 - - ' a Z0 W n J O N O Y � 1 � I W w W Wa � J CC Lf) Ow Yw , pt > Q2 o d W J M = Z ® Z a = QMO Z � �- W > caZ R TAIL STOR FRONT ELEVATION J O W U SCALE 1 /4))=V-01) A-1 0000012561 .led for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON August 16,2000 ORDINANCE2000 At 18. 00 pm. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2000- "Ll cc)Ole-AousE S 04ME- AN ORDINANCE AUTHORIZING AHE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA,TRUSTEE UNDER TRUST #5085 WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Annexation and Planned Unit Development Agreement pertaining to the annexation and development ofthe real estate described on Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owner ofrecord of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65ILCS 5/11-15.1-1,as amended,forthe execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and -1- WHEREAS, the property is contiguous to the City. NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2:That this Ordinance shall be in full force and effect from and after its passage-and approval as provided by law. DAVE DOCKSTADER 4— RICHARD STICKA MIKE ANDERSON VALERIE BURD E n/ ( ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me,as Mayor of the United City ofYorkville,Kendall County,Illinois,this �lL day of A.D. 20LD 0 MAYOR _Z_ PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this y of A.D. 2066 Attes CITY CLE Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville,Illinois 60560 630.553.9500 -3- Exhibit "A" LEGAL DESCRIPTION That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows; Beginning at the Northeast Corner of said Northwest Quarter, then South 88 °41 ' 11 " West, along the South Line of Oak Knolls Subdivision, 285.05 feet to the East Line of Cannonball Trail; then South 21 '49'35" East along said East Line, 231 .90 feet to an angle point therein; thence South 68 ' 10'25" East along said East line, 5.0 feet to an angle point therein; thence South 18 °56'06" West along said East line 118.52 feet to an angle point; then South 21 '49'35" West along said East line 185.73 feet to an angle point; then South 45 ' 10'25" East along said East line 73 .20 feet to the Northerly line of US Route No. 34; then Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence North 00°49'35" on said East line, 697.74 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 6. 148 acres. ,_o0000012562 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON Revised August 23, 2000 On 09- 15-2OoO At 0 e 51 pm . ANNEX AGREE 33: 00 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OLD KENT BANK SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORAg TRUSTEE (TRUST #5085) and ARTHUR SHERIDAN (OWNERI and COURTHOUSE SOUARE L L C (DEVELOPERI This Planned Unit Development and Annexation Agreement (hereinafter "Agreement"), is made and entered into this 104' day of &c pl . , 2000, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE UNDER TRUST 45085, ARTHUR SHERIDAN, beneficiary thereof and COURTHOUSE SQUARE, L.L.C. (in formation) as "DEVELOPER", WITNESSETH WHEREAS, OWNER owns fee simple interest to the real property which is legally described in Exhibit "A" attached hereto and depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit "A- l ", consisting of approximately 6.4 acres, more or less (hereinafter "PROPERTY"); and WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the annexation of the subject real PROPERTY; and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the OWNER and DEVELOPER and CITY agree that upon Annexation to the CITY the subject PROPERTY shall be zoned as O (Office District) Planned Unit Development, with the subject real property to be entitled to all uses under the O (Office District) and only the specific business uses currently permitted under the CITY B-1 (Limited business District) and B-2 (General Business District) as set out in the attached Exhibit `B" which is incorporated herein by reference; and WHEREAS, OWNER and DEVELOPER have agreed that in consideration of the CITY agreeing to annex and zone the subject real property of OWNER as Planned Unit Development with the additional business uses permitted as set out in Exhibit `B", OWNER and DEVELOPER agree that all of the remaining B- 1 (Limited Business District) and B-2 (General Business District) uses set out in the CITY Zoning Ordinance for B-1 and B-2 but which are not listed in the attached Exhibit `B" shall not be permitted uses under this Agreement; and all B-3 (Service Business District) and B-4 (Business District) uses as contained in the CITY Zoning Ordinance are specifically prohibited from use on the subject real property. In the event the O (Office District), B-1 (Limited Business District), or B-2 (General Business District) are amended from time to time permitting additional uses, OWNER and DEVELOPER may petition for said additional uses without additional fee by Petition to Modify this Planned Unit Development Agreement upon approval by the City Council as to any change in the CITY Office Zoning Classification; but will require aPublic Hearing to be held and City Council approval if there is a modification sought requesting additional B-1 or B-2 uses by OWNER and DEVELOPER; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER and DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11 -15. 1 -1 through 15 . 1 -5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into abinding agreement with respect to the future annexation and zoning ofthe subject PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11- 15-1 .3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. 2 NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1 . ANNEXATION. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed verified petition to annex pursuant to, and in accordance with the provisions of 65 ILCS 5/7- 1 -1 et seq. to annex the PROPERTY to the UNITED CITY OF YORKVILLE. 2. ZONIN G. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel Office PUT) permitting the limited business uses as set forth in Exhibit `B". B. Contemporaneously with the Annexation ofthe PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNER and DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE. D. Hours of operation of any convenience store at this location shall be limited to 6:00 a.m. to midnight. E. That all recitals contained in this Agreement are hereby incorporated as enforceable covenants and conditions of this Agreement. 3 . ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT A. OWNER and DEVELOPER agree to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary 3 District. Attached hereto as Exhibit "C" is an extended Annexation Application to the Yorkville-Bristol Sanitary District. B . In the event at the time OWNER/DEVELOPER is ready to develop the subject real property, Yorkville-Bristol Sanitary District lacks capacity to service the development. OWNER/DEVELOPER shall be permitted to serve the subject development by septic system on a temporary basis at OWNER's expense until sanitary sewer is available. OWNER/DEVELOPER agrees to connect to the sanitary sewer service within one hundred eighty (180) days of capacity being available. In the event OWNER/DEVELOPER does temporarily hook-up to a septic system, OWNER/DEVELOPER shall be required to deposit with the CITY either a Letter of Credit or Bond in an amount approved by the City Engineer to secure hook-up for sanitary sewer purposes. 4. MUNICIPAL IMPROVEMENTS. A. The CITY acknowledges that it currently has the ability to provide ample quantities of water for the use of this development and that the UNITED CITY OF YORKVILLE will support the development's tap into the Yorkville-Bristol Sanitary District system. B. OWNER and DEVELOPER upon development of the subject real property shall provide two watermain extensions of 8" watermains to the East side of the subject site. C. The OWNER and DEVELOPER will be given a recapture agreement for any use or extension of any developer improvements of roadways, storm water, water or sewer facilities to or through this property for other than their own development which are required by the CITY or other governmental body, which benefit off-site owners or developers. 5 . RECAPTURE. In the event the OWNER and DEVELOPER seek recapture reimbursement; or the CITY requests OWNER or DEVELOPER to construct public improvements benefitting other parcels, the parties agree a Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER other than the DEVELOPER and including the service area effected. 4 6. SIGNAGE: The CITY agrees to allow the following signage to be used in the development in conformance with City Ordinances: A. Two identification signs (one for the commercial area not to exceed 100 square feet and one for the office area not to exceed 100 square feet). B. Individual building signs shall be permitted for each business located within the development the size of which will conform to CITY ordinances. C. Directional signs directing traffic within the development in conformance with CITY ordinances or if the sign ordinance is silent then at the discretion of the DEVELOPER. D. All signs must conform to the requirements of the CITY sign Ordinance in relation to locations on the subject site, dimensions permitted and the like notwithstanding anything contained herein. 7. OVERSIZING. In the event OWNER and DEVELOPER is required on or off-site to oversize any water, storm sewer or City sanitary sewer lines or to develop any roadways for future extension to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER and DEVELOPER within 30 days of connection by the OWNER and DEVELOPER of any other parcel of real property connecting to said improvements, for OWNER and DEVELOPER's costs in over-sizing said lines including costs for deepening said lines and any engineering fees and all other costs associated therewith. The agreement for recapture is a part of this agreement and shall become effective with this agreement. The terms and costs for the recapture shall be calculated at the time of additional connection by other owners/developers on a basis of all cost of the improvement including the cost of interest paid and lost interest income since the time of annexation prorated by the number of square feet to be connected to the system(s). 8. PLANNED UNIT DEVELOPMENT ZONING AND CONDITIONS The parties agree upon approval of this Agreement, the subject real property shall be zoned by Ordinance as Office PUD with limited business uses as set forth in Exhibit `B". The subject property shall be developed and improved as Planned Unit Development under the following criteria: A. Specific building locations as generally defined by the site plan, as per Exhibit "D". 5 B. It is the intent of the OWNER and DEVELOPER to provide additional shrubbery, landscaping or screening to the most northerly and easterly area of the parcel. Setbacks shall be according to the Site Plan, Exhibit "D", attached; and in conformance with the CITY Amended Landscape Ordinance #2000- 4% . The site plan attached is hereby modified to provide that a minimum distance of approximately 400 feet shall be maintained between the northerly property line of the subject site and the commercial center for business use shown on the subject site. C. The OWNER and DEVELOPER shall be permitted to operate any permitted use under the UNITED CITY OF YORKVILLE Ordinance in all "B-l " and "B-2" Business Classification District and "O" Office District, which are set out in the attached "Exhibit `B" that is used in relation to retail sales or service on the subject site. D. Parking shall be in conformance with city ordinance related to each classification of use. Minimum setback from the property line to parking areas as shown on the subject site plan shall be 45 feet from Route 34. The existing residence on Cannonball Trail which will be converted to office use shall not be subject to said setback. E. Detention shall be provided on-site in conformance with the CITY Ordinance. F. OWNER and DEVELOPER shall provide an Exhibit to this Agreement of all building facades to be used in the development of the real property as substantially presented to the CITY as set out in the attached Exhibit "F"; and in Landscape Plan which is attached hereto and incorporated herein as Exhibit "E". 9. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort 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. 10. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon an successor municipal authority of 6 the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 11 . NOTICES AND REMEDIES. Nothing contained herein shall require the originalnamed OWNERin this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subj ect parcel and/or future OWNER of the subject parcel of real property. Upon breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Rd. Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNER and DEVELOPER: Arthur Sheridan and Associates, Ltd., 100 Tower Dr. Burr Ridge, IL 60521 12. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 7 i 13 . PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 14. USE OF PROPERTY FOR FARMING/ZONIN G. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. Further, the parties agree that until, or unless it is converted to a permitted office or business use pursuant to this Agreement, the house currently located on the subject premises may continue to be occupied as a legal non-conforming use of the residence. However, once converted to "O" Office District or "B" Business District use, it shall no longer be occupied as a residence. 15 . TRANSPORTATION. The CITY shall put forth its best effort as a joint applicant with the DEVELOPER regarding issues effecting surrounding roadway; whether they be Federal, State, County, Township, or City to gain approval for access (ingress and egress), widening, improvements, signalization, etc. as may be required. 8 IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: TEE UNITED CITY OF YORKVILLE By MAYOR Attest: i4dMict�.A CITY CLERK 9 OWNER: OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE UNDER TRUST#5085 This instrument is executed by OLD KENT BANK, successor to MERCHANTS NATIONAL BANK OF AURORA, not personally but solely as Trustee, as aforesaid. All the warranties, covenants and By: conditions to be performed hereunder by OLD KENT BANK, Wfo �' successor to MERCHANTS NATIONAL BANK OF AURORA are undertaken by it solely as Trustee, as aforesaid and not A Individually. No personal liability shall be asserted or be yua ITM r^nirrceable against OLD KENT BANK, successor to MERCHANTS NATIONAL BANK OF AURORA by reason of any of the covenants, statements, representations or warranties contained in this instrument, which are made and Intended for the purpose of binding only that portion of the trust property DEVELOPER: specifically described heraln. COURTHOUSE SQUARE,L.L.C. By: a Arthur Sheridan-Beneficiary/Manager PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 10 EXHIBIT LIST Exhibit "A" - Legal description Exhibit "A- 1 " - Accurate Map of Territory to be Annexed to the United City of Yorkville, Kendall County, Illinois Exhibit `B" - Zoning Ordinance for O (Office District), B- 1 (Limited Business District), B-2 (General Business District), list of permitted uses Exhibit "C" - Yorkville-Bristol Sanitary District Petition Exhibit "D" - Site plan Exhibit "E" - Landscape Plan Exhibit "F" - Building facades 11 Exhibit "A" LEGAL DESCRIPTION That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows; Beginning at the Northeast Corner of said Northwest Quarter, then South 88 °41' 11 " West, along the South Line of Oak Knolls Subdivision, 285 .05 feet to the East Line of Cannonball Trail; then South 21 '49'35" East along said East Line, 231 .90 feet to an angle point therein; thence South 68 ' 10'25" East along said East line, 5 .0 feet to an angle point therein; thence South 18 ° 56'06" West along said East line 118 .52 feet to an angle point; then South 21 °49'35 " West along said East line 185 .73 feet to an angle point; then South 45 ' 10'25 " East along said East line 73.20 feet to the Northerly line of US Route No. 34; then Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence North 00 °49'35" on said East line, 697.74 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 6. 148 acres. 12 Exhibit `B" PERMITTED USES B-1 Limited Business District, the following would be permitted uses: antique sales household furnishing shop bakery - retail ice cream shop barber shop jewelry - retail beauty shop laundry, cleaning and dyeing - retail book store library cafeteria (diner) magazine and newsstand camera shop meat market church or other place of worship medical clinic cigar, cigarette and tobacco store mortuary - funeral home clothes - pressing and repair park community center photography studio computer and software sales playground dressmaker - seamstress post office drugstore professional building florist sales recreation center fruit and vegetable market - retail restaurant gift shop shoe and hat repair grocery store - supermarket gymnasium all special uses permitted in O District (office) health food store except solid waste site hobby shop 13 B-2 General Business District, the following would be permitted uses: appliances - sales leather goods Army/Navy surplus sales locksmith art gallery - art studio sales music, instrument and record store art supply store newspaper publishing, excluding printing automatic food service nursery - day care center automobile accessory store office equipment and supply sales bicycle shop paint/wallpaper store billiard parlor personal loan agency blueprint and photostat shop pet store carry-out food service picture frame store catalog sales office radio and television studios clothing store - all types reducing salon - tanning salon convenience store sporting goods discount store stationery drygoods store - retail taxidermist floor covering sales toy store finniture sales - new/used typewriter - sales and repair hardware store variety store health chub or gymnasium watch and clock sales and repair interior decorating studio weaving and mending - custom junior department store O - Office District, the following would be permitted uses: advertising agency income tax service bank insurance office barber shop library beauty shop manufacturing agent's office bookkeeping service medical clinic club - private indoor park coffee shop professional offices college, university or junior college public accountant real estate office commercial school, trade school - offering savings and loan association classroom study stenographic service stock broker credit union telegraph office detective agency ticket office employment office travel agency engineering office utility office government office 14 PETITION FOR ANNEXATION TO THE YORKVILLE-BRISTOL SANITARY DISTRICT TO : CLERK OF THE YORKVILLE-BRISTOL SANITARY DISTRICT YORKVILLE, ILLINOIS Old Kent Bank , sucessor Trustee to Merchants THE UNDERSIGNED, Nat . Bank Aurora , Tr , 5085 , being the sole owner of the following described real estate, to wit: (SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT "A") which said real estate is contiguous with the existing boundaries of Yorkville- Bristol Sanitary District, and is not within the corporate limits of any other sanitary district, herewith petitions the Board of Trustees of the Yorkville-Bristol Sanitary District to annex said real estate into the sanitary district. The undersigned represents unto the Board of Trustees of the Yorkville-Bristol Sanitary District as follows : I . That said real estate is contiguous with the existing boundaries of the Yorkville- Bristol Sanitary District, and is not within the corporate limits of any other sanitary district. q 2 . That Old Kent Sucessor Truste under tr . is� �Aole property owner 02 - 29 - 100 -005 & in the area sought to be annexed. Permanent Parcel 942.2Q - 100 - 0.0 t! 3 . (STRIKE INAPPLICABLE PARAGRAPH) (a) That there are no electors residing upon any portion of the above described premises; 4. That attached hereto and forming a part of the petition are the following: (a) Legal description of the real estate, Exhibit "A"; (b) Accurate map of the real estate, Exhibit `B". WIIEREFORE, the undersigned rcqucsts that the above Petition be submitted to the Board of Trustees of the Yorkville-Bristol Sanitary District for consideration thereon, as required by 70 ILCS 2405/23 .4, Illinois Revised Statutes. EXHIBITC EXHIBIT D COURTHOUSE 1 HOUSE SQU NORTH-EA9F OORNM NS 34 & OAMONRALL TRAM /- SfREEN)Nj BERM ee•MlSr n 0 / FFICE ' 90 0 S . FT. sb. OFFICE I �\ I #' 1 SP - I 41 SPACES \� \ _ I w 0 1 zo `� 8 SPADE /,1; SIGN �♦ V i iii RETA S 16,000 18,000 S _ - 3a /• . / ,'/J ; FU�klRE COMM CIA Ito ® 0 90 SPACES/ ; = Ri •- SIGN � •� b r '.'.•..;. �....♦ - I i i ♦ TEAT L- 1 �i� ♦� r L — T LocA>rory e/Aa rvvr ro ecue DEVELOPMENT PLAN ull Lannert Group nrt�rns exovow a neexurea �m 3 OT 0 yp E.ann Lannert Gro • vl.nmo • c66m�<w1r c<a.wu a _ q a. a i J.L._eel-- -. -. „ 30 South Michigan Avanm ug1 ve�a6m ma LOWER On.m 3 19 0 �� 4 Suits 700 "43121 Y6dA6 aWN ROSE 0.LIX016 606Ii o $ « 11 '"A-"" Yman.<un < SCALE IN FEET •< < ORTM Chicago. 11111 60603 b<BYmierl.<mm 16 01 6e6.x 61 16.X1 1830 65d.9211 Fe1UIW Fr ded / r ! 0 Ai Plrialn r 6h.4e Tmc 114 a 02 Ines / euyru^w NOW 4. �- I.,..s...w�l � : o«.re.I�.,nmT 63 . ,h :. ^ Offl&ma A.l Tree 24 /B / / i Shrub 644 013 LEGEND C° ammmn• ( ` 5hege Tree , G` '' _ • I� t Evcr4rmsn Troe . .c/ .; GFlC I , 1 / 1 Ornemmul Trce Shrub / i I� OR �aun x ( � FYIaLIn6 Tree sr/ •q/ l (� Ezlating EvcreYeen Trod d ) 1 emai S 10.wraIT. / '.I I `i. my+mew >• F on . I ____ U•g, FOUTB N0. 54 ti� M1 s,IC rFImf 80AP IL Courthouse SQU� rlE PIAN acearrroErmrvessncuras —Y=d,.11lq Illinale ,,, � A~ r'"�'A nAMru v[ MI NN nel,n nmrnAnMW MV(AIN)l,ear EXHIBIT E 4- F I � , I u ,`\ W w cZ iii rill, M - I II t emu. rr LL LL W X � O ! ; h X0000012953 iled for Record in ENDALL COUNTY, ILLINOIS rjAUL ANDERSON On 09--25-2000 At 02:15 pm. CERTIFICATE 18.00 Certificate of Correction State of Illinois) ) ss County of Kendall) This is to certify that the following is the correct Legal Description to be included with the following document : 0-ur()ATrIOi15L? Document #20000012562 Recorded 09-15-2000 PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT LEGAL DESCRIPTION That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows; Beginning at the Northeast Corner of said Northwest Quarter, then South 88 41111" West, along the South Line of Oak Knolls subdivision, 285.05 feet to the East Line of Cannonball Trail; then South 21 49135" East along said East Line, 231 .90 feet to an angle point therein; thence South 68 10125" East along said East Line, 5 . 0 feet to an angle point therein; thence South 18 5610611 West along said East line 198 .24 feet to an angle point; then South 21 4913511 West along said East line 185 .73 feet to an angle point; then South 45 10125" East along said East line 73 .20 feet to the Northerly line of US Route No. 34; then Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence North 00 49135" on said East line, 697 .74 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 6 .148 acres. Dated t Aurora, I1 . Kane County, Illinois September 25, 2000 Arthur Sheridan, Beneficiary, Old Kent Bank, Successor Trustee to Mechants National Bank of Aurora, Trustee Under Trust #5085 . Accurate Map of Territory to be Annexed to the N United City of Yorkville Kendall County Illinois x v tl ^ CIS - I' — SUM 20 20 i S88 041 '// "W 285. 05 \` 29 29 /od' h N68°/025 "W 50 ' o 0 n Indicates Present Corporate Limits 0� ^tia �D ell l R_7 53842 73. 20 ' 40 ROVfe mR��« --.----__ No 3Sr Prepared by: James M. Olson Associates, Ltd. 907 West Madison Street Yorkville, Illinois 60560 (630) 553-0050 August 25, 2000 Union Bonk/qr1 Sheridan No, 0 ,9'3g To those Elected and Hired City Officials who have the opportunity to make the proper decisions: This letter is in reference to the property known as "Cannonball Trails",presently owned by HRM Properties I understand that the final decision rests entirely upon your shoulders. However, I ask these questions. Given the extensive background of this parcel, why would any individual wish to change the fair and comprised P.U.D. agreement reached on this property? The only thing I can come up with is greed! Might I remind you that, so far, this debate has been in the making for approximately eight years? Hundreds of cumulative hours have been spent in reaching, what seems to be, the best compromise for all parties involved (owners, citizens and the city). Let's look at the facts. • Changes are coming • The region is rapidly growing • The city is rapidly growing • Preservation, identity, and smart growth are hot topics Residents in this specific area have already been impacted, but realize growth is imminent. Tremendous commercial development is well underway,with as little change as possible to the character and natural resources in the vicinity. Were some mistakes and possible oversights made? I would suggest yes. Do they have to be made again? Absolutely not. I remind you that a long fought agreement has been reached. • Two different judges have agreed • The Plan Commission unanimously agreed • Citizens have agreed • The previous land owner agreed Gas stations and drive-through businesses will find better locations. Please help us in keeping this residential location as day-time usage and as ecologically sound as possible. I urge all with the deciding vote to do the right thing. Agree not to allow a change to the P.U.D. that is currently intact. Plan Commission Member Brian Schillinger City of Yorkville Plan Commission June 11 , 2008 800 Game Farm Road Yorkville, IL 60560 To Whom it May Concern, We are writing to you because of concerns we have over the proposed site plan amendment for the property located at the northeast corner of the intersection at Rt. 34 and Cannonball Trail in Yorkville. Due to familial commitments tonight, we are unable to attend the meeting. Please accept our apologies. Based on the information received via United States Mail, we are informed that the proposed amendment for the intersection includes "a daycare, a gasoline service station, and two drive through facilities." It is our wish that the Plan Commission not recommend this, or any other type of "gasoline service station" at this intersection. This type of facility is not appropriate for this intersection given the number of homes in the immediate vicinity. The odor, the 24 hour lighting, and the additional night time noise distractions produced by the proposed service station are our greatest concerns. We have been residents of Cimarron Subdivision (situated at the south west corner of Rt. 34 and Cannonball Trail) for over 15 years. In that time period we have witnessed much growth in the area, particularly commercial growth. We have never complained about or rejected any of the business opportunities that have been built up around us. In fact, we welcomed and supported all the commercial ventures currently located at all comers of the above-mentioned intersection as a benefit to the lives of all residents of Yorkville and surrounding areas. Living near such a high-trafficked intersection as Rt. 34 and Cannonball Trail, we realize that many businesses would certainly want to locate at the proposed location. It is our hope that the Plan Commission would consider the negative aspects that a gasoline service station would produce, clearly reducing the quality of life for the families living in the immediate vicinity. It is also our hope that the members of the Plan Commission continue to support business ventures that will enhance our area of town and our quality of life while declining to recommend the proposed "gasoline service station." Thank you for your time and concern. Sincerely, David and Maria Fisher, Lonnie and Kris Avery, Cimarron Ridge residents United City of Yorkville City Clerk City Hall Application #2008-11 800 Game Farm Road Yorkville, IL 60560 HRM Properties & Development LLC This is a written notice of protest against the proposed changes to an existing PUD agreement dated 8/10/2000 described as Kendall County Parcel Numbers 02-29-100-004 and 02-29-100-005 located at the northeast corner of Cannonball Trail and U.S. Route 34 in Yorkville, IL containing 6.148 acres more or less. Application for changing the existing PUD agreement was filed by HRM Properties & Development LLC, 300 N. Lake St., Montgomery, IL 60538. Copies of this notice have also been sent via certified mail to HRM Properties & Development LLC and Daniel J. Kramer &Associates, Attorneys at Law, 1107 A S. Bridge St, Yorkville, IL 60560. We, the undersigned, state that according to the Illinois Compiled Statutes, he/she is the legal titleholder &/or member/manager of Kendall County Parcel Numbers: 02-20-376-003 and 02-29-201-001 which constitutes more than 20% of the frontage proposed to be altered and is requesting that the Plan Commission of the United City of Yorkville deny any changes to the existing PUD agreement dated 8/10/2000. Bo by J. C a&, roperty Nvner Marily Clar `, Property Owner 3974 Cannonball Trail 3974 Cannonball Trail Yorkville, IL 60560 Yorkville, IL 60560 Verne L. Henne, Member/Manager for Esmer Capital Mgmt. Enterprises, LLC 10395 Route 34—PO Box 51 Yorkville, IL 60560 Subscribed and sworn to before me this 4`h day of June, 2008. r_" ub& ' Notary Public ENOt:ary FICIAL SD RALD NEL ublic,State ission Expir mss. Received from Martha Price,29 Hickory Lane-June 2,2008 CO I r. 4: i N 6=W'. . Walton, Ground-vrater Recharges and I iin' in k nois;� tepoi`o -enves'igaions, No 48, IIlinois State Water Survey, Urbana, IL 1965 `Roy Edward Wlliatns;'Shallow Hydrology of Glacial Drifts in Northeastern IIlinois, Ph.D. Thesis, P. 1179, University of Illinois, Urbana, Illinois, 196b KEINDALL COUNTY LITTLE ROCK . +�HRISTOL,439f : •1iOSWEGO!•• 5 .50 :!. , ,' ; 7 .70 " �,.� ••.L5 24 �• '• trig' Slb,6 Prop&jrf F x KENDALL NA-AU-SAY 'ti• 2 190 1 � . N BIG GROVE LISBON SEWARD 2 . 24 3 .04 1 . 00 NU I FIR MATER I AL Lis;�c wi Thin 5 f t of land surface between 5 and 20 ft of land surface between 20 and 50 ft of Iald surface �] no aquifer material within 50 ft of land surface AQUIFER RISK FOR SENSITIVITY GROUNDWATER SCORE CONTAMINATION 0 . 00-2. 50 "Low Risk" 2. 51 -5 .00 "Low to Moderate Risk" 5 .01-7 . 50 "Moderate to High Risk" 7 . 51 -- 10 .0 "High Risk Received from Martha Price,29 Hickory Lane-June 2,2008 HISTORY OF THE 6.14 ACRE PROPERTY AT THE NORTHEAST CORNER OF CANNONBALL TRAIL AND ROUTE 34,YORKVILLE • Fall of 1988 zoning changed.from Agriculture District to R3, Single Family District(Kendall County zoning) • S residential plots were drawn up and electrical service installed (still there) and one brick ranch house vas built • 1991 proposed for commercial zoning and annexation to Yorkville (neighborhood had signed a petition to present against this proposal) • Proposal was withdrawn from agenda just before public hearing Reason for withdrawal was the covenant between the landowner and the owner of the house that stated theme would be no re zoning and other stipulations on that property for a period of years • Legal dispute between these two parties(landowner and owner of the brick ranch house on the property)because the covenant had NOT been filed by an attorney and the owner of the residence tried to get the covenant enforced by the court • Matter was NOT resolved—bank foreclosed on the landowner for the remainder of the property • 1997--Arthur Sheridan buys the property and eventually the brick ranch house as well • Fall of 1997 Proposal to change to Kendall County B-3 Highway Business zoning--including a proposal for a gas station(neighborhood once again signed petition opposing and spoke at public hearing against the proposal) • Kendall County Board voted`ono" on the rezoning request • Arthur Sheridan sued the county--court hearings started in January of 1999 • Kendall County Judge Wilson upheld the County Board decision(should not change zoning) • Case went to the appellate Court in Elgin • March, 2000--Appellate Court upheld Judge Wilson's ruling(zoning should not be changed to business) • In both Judge Wilson's riling and the Appellate Court ruling it was noted that the neighbors objected to business zoning on the corner because of adjacent residences—single family homes and concern for ground water contamination • April, 2000--Arthur Sheridan asked the''Yorkville Plan commission for annexation into Yorkville and asked for business zoning on the property Received from Martha Price,29 Hickory Lane-June 2,2008 • Yorkville's Comprehensive Plan at that time showed the corner as Medium Density Housing(the County had it zoned for single family homes at that time) • April 12, 2000--Yorkville Plan commission voted against Arthur Sheridan's proposal which was to have an Office Planned Unit Development also allowing some uses from the B--2, B-2, and B-3 business zoning categories (without actually asking for business zoning). His proposal was rather vague about exactly where the buildings would be built or even how many buildings would be built. • The proposal was discussed at the Economic Development Committee on Tuesday,April 18, 2000, and the committee made some recommendations. • Proposal was on agenda for Yorkville City Council Committee of the Whole for Thursday,April 20, 2000. Arthur Sheridan did not appear at the meeting and had requested two more weeks for modify his plan. • Arthur Sheridan announced that he is asking the Illinois Supreme Court to review his case against the County. In the meantime, he proceeded with his proposal to the city. (State's Attorney Tim McCann said it was not likely that the Illinois Supreme Court could hear the case since they only hear about 50 cases per year and then the cases must have an impact on the entire State or pertain to some unique point of law.) • July 6, 2000--At City Council Committee Meeting of the Whole, it was revealed that a PUD agreement had NOT been drafted. Attorney hired by the neighborhood addressed the council and summarized our position and reviewed the previous court cases concerning the corner. At that meeting, W. Sheridan volunteered that he would take out the requests for B-3 zoning. It was suggested by an alderman that retail uses (B-1 and B-2)be limited to the part of the parcel starting 400 feet from the northern lot line and the office zoning be on the northern 400 feet. The proposal was sent to the Economic Development Committee. • July 18, 2000--PUD was "hammered out" at the Economic Development Committee meeting. This meeting was attended by several residents of the neighborhood. PUD"hammered out" seemed an acceptable compromise between the neighborhood position that the comprehensive plan showing residential should be followed and the city's desire for more business zoning. (Court rulings had upheld the residential zoning.) (Search for minutes of that meeting is under way--committee included Valerie Burd,Yorkville's current mayor.) • August 10, 2000--City Council approved the PUD (permitted uses from Received from Martha Price,29 Hickory Lane-June 2,2008 the PUD attached) • Property subsequently sold by Arthur Sheridan • Property bought and sold other times? • Currently owned by Harold Oliver • Demolition permit was issued on March 22, 2006, for the brick ranch home on the property (home had been rented from time to time--allowed under the PUD even though home was zoned "office") • Home was demolished • May 16, 2008--adjacent property owners received notice of public hearing to be held at the Wednesday, June 11, 2008, meeting of the Yorkville Plan Commission to consider a request to change the PUD agreement. • Obviously a lot of effort has gone into getting to the current PUD as evidenced by all of the above "history" of the last 20 years. The neighborhood thought the current PUD would be acceptable--no worries about underground gasoline storage tank leaks or run off getting into the soil and into our wells or to Blackberry Creek, no objectionable noise and lights, no excess traffic. CANNONBALL TRAIL CIVIC LEAGUE June 18, 2008 = " • • • • • • • • • • To: Yorkville Economic Development Committee Members: Alderman Golinski, Alderman Munns, and Alderman Besco In the packet given to the Yorkville Plan Commission members before the public hearing on June 11, 2008, was the long "history" of the northeast corner of Cannonball Trail and Route 34. 1 am sure that information was passed on to you. The Plan Commission agreed apparently by their unanimous vote against any change in the current PUD that the current PUD should be the "end" of this long history. Obviously, we wanted it to be the end also. The letter to the Plan Commission attached to the packet explained our concerns for any change to the current PUD which are primarily environmental in nature. The packet included information about the high risk for groundwater contamination. After hearing the concept plan at the public hearing and realizing that there is an underground pipe system proposed for the storm water management, we are even more concerned for the environment and groundwater contamination. We are told that this underground pipe system is a very bad storm water management system. An attachment to this letter is of further concern as it is a statement from someone from the U.S. Department of Agriculture about the poor filtration qualities of the soil in this location. Also attached to this letter is a copy of a statement made at the public hearing that specifically addressed what we feel are shortcomings in the application made by the petitioner in regard to zoning and uses. We hope you will support the current PUD worked out in 2000. We feel the changes requested are a threat to public health and the environment. Martha Price for the Cannonball Trail Civic League 630-553-7509 mprice421 1 u,aol.com Att. Public Hearing Comments U.S. Department of Agriculture statement In the letter and attachments sent to you, our reasons for asking that the PUD not be changed were given which included the previous legal battles and the many changes involving that corner over the years. All of that was outlined in the lengthy history attached to the letter. Our reasons for also not changing the PUD to allow for a special use for a gas station were also specifically given in the letter in that it doesn't seem that the special use meets the standards outlined in Yorkville's zoning book and those standards are quoted in the letter. These reasons along with the high risk for ground water contamination which could endanger the nearby private wells are the same as the concerns the residents at the other end of Cannonball Trail at Route 47 had in January of 2005 when a gas station was proposed at that corner. You know, of course, that there is NOT a gas station there—the proposal was withdrawn before it was put to a vote at the Plan Commission. In addition, I would like to raise the following issues or questions: The application for the change stated a request for a change in the site plan and for special uses for the "front" lots. I am assuming the "front" lots are the lots located closest to Route 34. In the certified letter we received it stated that the request was for a site plan amendment to the PUD and a special use for a daycare, a gasoline service station and two drive through facilities. I am assuming a "site plan" is the arrangement of the buildings and the current PUD on page 5 states that "The property shall be developed and improved as Planed Unit Development under the following: A. Specific building locations as generally defined by the site plan, as per Exhibit D" Since the new proposal shows buildings in a different arrangement, I am assuming this is what is meant by an amendment to the site plan. However, the new proposal shows a car wash which I believe is a B-3 use. Neither the application or the certified letter states any additional uses or zoning changes are requested. (Only "office" uses and some B-1 and B-2 uses are allowed per the current PUD.) Also, the new proposal shows the daycare in the portion of the parcel which according to the PUD is to be "office." In the current PUD, day care is a B-2 classification and should not be allowed in the office zoned portion. Again, neither the application or certified letter states a request for a zoning change or a change in a classification of a use. The "office" zoned portion—the northern most 400 feet, is to serve as a buffer or transitional zoning portion between the single family residences and the B-1 and B-2 uses— top paragraph on page 6 of current PUD. I realize that in Yorkville's CURRENT zoning ordinances, a day care is a special use in "office. However, the last paragraph on page 7 of the current PUD states "In the event of any conflict between this Agreement and any ordinance of the CITY in force at the time of the execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency." I think this means that since the current PUD states that day care is a B-2 use, that should take precedence. Again, we feel that the current PUD should be upheld. It was a long rough road getting to the current PUD and we feel the current PUD should end the matter. In addition, I have another document obtained during the first debate about a gas station in this location. This is a brief statement from someone at the US Department of Ag concerning the soil. 1L/US 'y6 13:35 7UtS5�Sf44L KhrWALL GU t;V5H ")133411YU pg. ul United States Natural P.O. Box 2890 Department of Resources Washington, DC Agriculture Conservation 20013 SOtY1Gt3 — March 12, 1996 From: Bob Jankoski, — District Conservationist The Soil mapping units on the northeast comer of U-S. Rt. 3d & Cannonball trail are Fox(3278) silt loam. The Fox series consist of well drained soils formed in loamy deposits overlying sand and gravel on outwash plains, ' stream terraces, and maraines. Approximately 1000 feet east of the intersection is Blackberry Creek. The soil mapping unit along the creek is identified as Lorenzo (318F) silt loam. Lorenzo also consists of well drained soils formed in 12 to 24 inches of loamy material over sand and gravel on outwash plains, valley trains and maraines. Both Fox (3278) and Lorenzo (318F) have very poor filter capabilities and rapid water movement will occur through the subsoil due to the gravel present. The Natural Resources Conservation Service. tormany the soil conservauon Service, Is an agency of the Ue tad States Department of Attrla lture AN EQUAL OPPORTUNITY EMPLOYER CANNONBALL TRAIL CIVIC LEAGUE July 17, 2008 To: Mayor Valerie Burd Aldermen Walter Werderich, Robert Allen, Gary Golinski, Arden Joseph Plocher, Marty Munns, Robyn Sutcliff, Joe Besco, Rose Spears These are documents that support our objections to the changes in the PUD and the addition of a gas station and car wash on the northeast corner of Route 34 and Cannonball Trail. These documents include the history of this corner and our reasons for wanting to maintain the PUD approved by the City Council in August of 2000. Please note that a proposal for a gas station on this property has been turned down 3 times by the Yorkville Plan Commission and by the Kendall County Board and that decision upheld by the Kendall County Court and the Appellate Court in Elgin. The County noted concerns in 1996 about the unsuitable soil type for this proposal as well as concerns even then about additional traffic congestion at that intersection. As you can see, aside from our believing the current PUD should be honored, our major concerns are environmental. We are providing this information in the hope of helping the City Council make an environmentally sound decision. The current PUD when developed will be of economic gain to Yorkville. We plan to attend the July 22, 2008, meeting to further present our concerns. Martha Price For the Cannonball Trail Civic League Documents for City Council Members: Letter to Yorkville Plan Commission Members with Attachments: A—History of the Northeast Comer of Cannonball Trail and Route 34 B--Current PUD C—Risk for Groundwater Contamination Info Page D—Special Use Zoning Ordinance E—Aerial view of the intersection of Cannonball Trail and Route 34 Letter to Yorkville Economic Development Committee Members with Attachments: Public hearing comments U.S. Department of Agriculture statement concerning soil (poor filter capabilities and rapid water movement) Custom Soil Resource Report for Kendall County, Ittinois, Northeast Comer of Cannonball Trail and Route 34, United States Department of Agriculture, Natural Resources Conservation Service (suitabilities and limitations for use) Figure 32 "Susceptibility of shallow aquifers to contamination . . ." from the Scientific Investigations Report 2005-5122 "Surface-Water and Ground-Water Resources of Kendall County, Illinois (Ratings of the capacities of earth materials to accept,,transmit, restrict, or remove contaminants from waste effluents.) United States Environmental Protection Agency, June 3, 2008, Memorandum from Director of the Office of Underground Storage Tanks concerning FY 2008 Mid- Year Activity Report United States Environmental Protection Agency article '%ME (methyl tertiary- butyl ether) and Underground Storage Tanks Testimony given before the Subcommittee on Environment and Hazardous Materials, Committee on Energy and Commerce, House of Representatives, May 21 , 2002. "Environmental Protection: MTBE Contamination From Underground Storage Tanks" Given by John Stephenson, Director, Natural Resources and Environment Executive Summary: Blackberry Creek Watershed Alternative Futures Analyse Executive Summary: B14ckWFfy Grppk Pprridor Ecological Assessment Prepqcd for United City of Yorkv�le, Qo�ober 2492 CANNONBALL TRAIL CIVIC LEAGUE June 4, 2008 To: Anne Lucietto, Chairman, Yorkville Plan Commission We had hoped and are still hoping that the current PUD approved by the City Council in August of 2000 would be the end of the long "history" of the northeast corner of Cannonball Trail and Route 34. The neighborhood wanted to be able to count on this PUD. (See attached.current PUD and "history.") The current PUD would still be of economic benefit to the City of Yorkville and acceptable to the neighbors. The current PUD provides for.some transitional zoning in that the northern taost400' neat to the residences and is zoned as Office. The current PUD shows bemfing to also provide a buffer between the commercial and residential areas. The remainder was approved with limited B-i and B-2 uses. There was no provision for approval of a gas station The buyer of the property knew what the PUD was when purchasing the property_ Given that this is once again up for discussion, our major concern as it was in 1997 when the gas station proposal first appeared is the fact that the risk for ground water contamination is considered "high risk" for all of Bristol Township and the "aquifer material" is within 5 feet of the land surface. (See attached information page:) Homes along Cannonball Trail north of Route 34 and homes to the east of the proposed gas station site all have private wells. Blackberry Creek which was labeled ahigh quality creek by the Conservation Design Forum in.a study commissioned by the City Council in 2002 is only .3 of a mile to the east. . Given the large number of results on a computer search for such topics as underground gasoline tank leaks; run off from gasoline stations, and related topics, apparently leaks are a problem. We do not want to live with.this uncertainty and potential health risk. The cost of cleanup is very expensive. Under the "Special Use$" in Yorkville's Zoning Ordinance book, "Section to-14-6 F. Standards" it states that "No special use shall be recommended by the Plan Commission unless said Commission shall find that:. 1. The :establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, . morals, comfort or general welfare. 2: The special use will not be'injurious to the use and enjoyment ofother property in the immediate vicinity for the purpose already permiueaj nor substantially diminish and impair property values within the neighborhood." (See entire Special Uses section attached) We.feel the special use request for the gas station does not meet these standards. "Tbe Yorkville Plan Commission voted "no" for business zoning on this parcel in 2000 and would hope that this Flan Commission would vote for `no changer to the PUD in Place which would also be a vote for the integrity of other PUD's in place and on which citizens can rely. Martha Price for the Cannonball Trail Civic League 630-553-7509 mnrice4211 @aol.com c: Clarence Holdiman, Tom Lindblom, Brian Schillinger, Jack Jones; Jeff Baker, Sandra Adams, Charles Kraupner, School Board Representative Resources: U.S. Geological Survey Scientific Investigations Report 2005-5122- "Surface-Water and Ground-Water Resources of Kendall County, Illinois" Executive Summary: Blackberry Creek Watershed Blackberry Creek Corridor Ecological Study Various Internet Searches Attachments: A—History of the Northeast Comer of Cannonball Trail and Route 34 B—Current PUD C—Risk for Groundwater Contamination Info Page D—Special Use Zoning Ordinance E—Aerial view of the intersection of Cannonball Trail and Route 34 showing residences to the north < ri HISTORY OF THE 6. 14 ACRE PROPERTY AT THE NORTHEAST CORNER OF CANNONBALL TRAIL AND ROUTE 34, YORKVILLE • Fall of 1988 zoning changed from Agriculture District to R3 , Single Family District (Kendall County zoning) • 5 residential plots were drawn ,up and electrical service installed (still there) and one brick ranch house was built • 1991--proposed for commercial zoning and annexation to Yorkville (neighborhood had signed a petition to present against this proposal) • Proposal was withdrawn from agenda just before public hearing • Reason for withdrawal was the covenant between the landowner and the owner of the house that stated there would be no re-zoning and other stipulations on that properly for a period of years • Legal dispute between these two parties (landowner and owner of the brick ranch house on the property) because the covenant had NOT been filed by an attorney and the owner of the residence tried to get the covenant enforced by the court • Matter was NOT resolved--bank foreclosed on the landowner for the remainder of the property • 1997--Arthur Sheridan buys the property and eventually the brick ranch house as well • Fall of 1997--Proposal to change to Kendall County B-3 Highway Business zoning--including a proposal for a gas station (neighborhood once again signed petition opposing and spoke at public hearing against the proposal) • Kendall County Board voted "no" on the rezoning request • Arthur Sheridan sued the county--court hearings started in January of 1999 • Kendall County Judge Wilson upheld the County Board decision (should not change zoning) • Case went to the appellate Court in Elgin • March, 2000--Appellate Court upheld Judge Wilson's ruling (zoning should not be changed to business) • In both Judge Wilson's ruling and the Appellate Court ruling it was noted that the neighbors objected to business zoning on the corner because of adjacent residences--single family homes and concern for ground water contamination • April, 2000--Arthur Sheridan asked the Yorkville Plan commission for annexation into Yorkville and asked for business zoning on the property • Yorkville 's Comprehensive Plan at that time showed the corner as Medium Density Housing (the County had it zoned for single family homes at that time) • April 12, 2000--Yorkville Plan commission voted against Arthur Sheridan's proposal which was to have an Office Planned Unit Development also allowing some uses from the B-2, B-2, and B-3 business zoning categories (without actually asking for business zoning). His proposal was rather vague about exactly where the buildings would be built or even how many buildings would be built. • The proposal was discussed at the Economic Development Committee on Tuesday, April 18, 2000, and the committee made some recommendations. • Proposal was on agenda for Yorkville City Council Committee of the Whole for Thursday, April 20, 2000. Arthur Sheridan did not appear at the meeting and had requested two more weeks for modify his plan. • Arthur Sheridan announced that he is asking the Illinois Supreme Court to review his case against the County. In the meantime, he proceeded with his proposal to the city. (State's Attorney Tim McCann said it was not likely that the Illinois Supreme Court could hear the case since they only hear about 50 cases per year and then the cases must have an impact on the entire State or pertain to some unique point of law.) • July 6, 2000--At City Council Committee Meeting of the Whole, it was revealed that a PUD agreement had NOT been drafted. Attorney hired by the neighborhood addressed the council and summarized our position and reviewed the previous court cases concerning the corner. At that meeting, Mr. Sheridan volunteered that he would take out the requests for B-3 zoning. It was suggested by an alderman that retail uses (B- 1 and B-2) be limited to the part of the parcel starting 400 feet from the northern lot line and the office zoning be on the northern 400 feet. The proposal was sent to the Economic Development Committee. • July 18, 2000--PUD was "hammered out" at the Economic Development Committee meeting. This meeting was attended by several residents of the neighborhood. PUD "hammered out" seemed an acceptable compromise between the neighborhood position that the comprehensive plan showing residential should be followed and the city's desire for more business zoning. (Court rulings had upheld the residential zoning.) (Search for minutes of that meeting is under way--committee included Valerie Burd, Yorkville's current mayor.) • August 10, 2000--City Council approved the PUD (permitted uses from the PUD attached) • Property subsequently sold by Arthur Sheridan • Property bought and sold other times? • Currently owned by Harold Oliver • Demolition permit was issued on March 22, 2006, for the brick ranch home on the property (home had been rented from time to time--allowed under the PUD even though home was zoned "office") • Home was demolished • May 16, 2008--adjacent property owners received notice of public hearing to be held at the Wednesday, June 11 , 2008, meeting of the Yorkville Plan Commission to consider a request to change the PUD agreement. • Obviously a lot of effort has gone into getting to the current PUD as evidenced by all of the above "history" of the last 20 years. The neighborhood thought the current PUD would be acceptable--no worries about underground gasoline storage tank leaks or run off getting into the soil and into our wells or to Blackberry Creek, no objectionable noise and lights, no excess traffic. 2000( 0012562 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON Revised August 23, 2000 On 09-15-2000 At 02 : 51 pm . ANNEX AGREE 33. 00 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OLD KENT BANK. SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE (TRUST #5085) and ARTHUR SHERIDAN (OWNER) and COURTHOUSE SOUARE, L.L.C. (DEVELOPER) This Planned Unit Development and Annexation Agreement (hereinafter "Agreement'), is made and entered into this 0 day of Ac)cvs+ • 2000, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE UNDER TRUST #5085, ARTHUR SHERIDAN, beneficiary thereof and COURTHOUSE SQUARE, L.L.C. (in formation) as "DEVELOPER", WITNESSETH WHEREAS, OWNERowns fee simple interest to the realproperty which is legally described in Exhibit "A" attached hereto and depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit "A-l ", consisting of approximately 6.4 acres, more or less (hereinafter "PROPERTY'); and WHEREAS, it is the desire of OWNER and DEVELOPER to provide for the annexation of the subject real PROPERTY; and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time; and WHEREAS; it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and 1 WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the OWNER and DEVELOPER and CITY agree that upon Annexation to the CITY the subj ect PROPERTY shall be zoned as O (Office District) Planned Unit Development, with the subject real property to be entitled to all uses under the 0 (Office District) and only the specific business uses ca urr� ently permitted under the CITY B-1 (Limited business District) and B-2 (General Business District) as set out in the attached Exhibit `B" which is incorporated herein by reference; and WHEREAS, OWNER and DEVELOPER have agreed that in consideration of the CITY agreeing to annex and zone the subj ect real property of OWNER as Planned Unit Development with the additional business uses permitted as set out in Exhibit `B", OWNER and DEVELOPER agree that all of the remaining B-1 (Limited Business District) and B-2 (General Business District) uses set out in the CITY Zoning Ordinance for B-1 and B-2 but which are not listed in the attached Exhibit `B" shall not be permitted uses underthis Agreement; and all B-3 (Service Business District) and B-4 (Business District) uses as contained in the CITY Zoning Ordinance are specifically prohibited from use on the subject real property. In the event the 0 (Office District), B-1 (Limited Business District), or B-2 (General Business District) are amended from time to time permitting additional uses, OWNER and DEVELOPERmay petition forsaid additional uses without additional fee by Petition to Modify this Planned Unit Development Agreement upon approval by the City Council as to any change in the CITY Office Zoning Classification; but will require a Public Hearing to be held and City Council approval if there is a modification sought requesting additional B-1 or B-2 uses by OWNER and DEVELOPER, and WHEREAS; in reliance upon the development of the PROPERTY in the manner proposed, OWNER and DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5111-15. 1-1 through 15. 1-5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning ofthe subj ect PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5111-15-1.3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. 2 NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1 . ANNEXATION. OWNER and DEVELOPER have filed with the Clerk of the CITY a duly executed verified petition to annex pursuant to, and in accordance with the provisions of 65 ILLS 5n-1-1 et seq. to annex the PROPERTY to the UNITED CITY OF YORKVILLE. 2. ZONING. A. Contemporaneously with the Annexation of the subject PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel Office PUD permitting the limited business uses as set forth in Exhibit `B". B. Contemporaneously with the Annexation ofthe PROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected m this Agreement. C. The CITY and OWNER and DEVELOPER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE. D. Hours of operation of any convenience store at this location shall be limited to 6:00 am to midnight. E. That all recitals contained in this Agreement are hereby incorporated as enforceable covenants and conditions of this Agreement. 3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT A. OWNER and DEVELOPER agree to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary 3 District. Attached hereto as Exhibit "C" is an extended Annexation Application to the Yorkville-Bristol Sanitary District. B. In the event at the time OWNER/DEVELOPER is ready to develop the subject real property, Yorkville-Bristol Sanitary District lacks capacity to service the development. OWNER/DEVELOPER shall be permitted to serve the subject development by septic system on a temporary basis at OWNER' s expense until sanitary sewer is available. OWNER/DEVELOPER agrees to connect to the sanitary sewer service within one hundred eighty (180) days of capacity being available. In the event OWNER/DEVELOPER does temporarily hook-up to a septic system, OWNER/DEVELOPER shall be required to deposit with the CITY either a Letter of Credit or Bond in an amount approved by the City Engineer to secure hook-up for sanitary sewer purposes. 4. MUNICIPAL IMPROVEMENTS . A. The CITY acknowledges that it currently has the ability to provide ample quantities of water for the use of this development and that the UNITED CITY OF YORKVILLE will support the development' s tap into the Yorkville-Bristol Sanitary District system. B. OWNER and DEVELOPER upon development of the subject real property shall provide two watermain extensions of 8" watermains to the East side of the subject site. C. The OWNER and DEVELOPER will be given arecapture agreement for any use or extension of any developer improvements of roadways, storm water, water or sewer facilities to or through this property for other than their own development which are required by the CITY or other governmental body, which benefit off-site owners or developers. 5. RECAPTURE. In the event the OWNER and DEVELOPER seek recapture reimbursement; or the CITY requests OWNER or DEVELOPER to construct public improvements benefitting other parcels, the parties agree a Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage ofthe benefit to the OWNER other than the DEVELOPER and including the service area effected. 4 6. SIGNAGE: The CITY agrees to allow the following signage to be used in the development in conformance with City Ordinances: A. Two identification signs (one for the commercial area not to exceed 100 square feet and one for the office area not to exceed 100 square feet). B . Individual building signs shall be permitted for each business located within the development the size of which will conform to CITY ordinances. C. Directional signs directing traffic within the development in conformance with CITY ordinances or if the sign ordinance is silent then at the discretion of the DEVELOPER. D. All signs must conform to the requirements of the CITY sign Ordinance in relation to locations on the subject site, dimensions permitted and the like notwithstanding anything contained herein. 7. OVERSIZING. In the event OWNER and DEVELOPER is required on or off-site to oversize any water, storm sewer or City sanitary sewer lines or to develop any roadways for future extension to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER and DEVELOPER within 30 days of connection by the OWNER and DEVELOPER of any other parcel of real property connecting to said improvements, for OWNER and DEVELOPER's costs in over-sizing said lines including costs for deepening said lines and any engineering fees and all other costs associated therewith. The agreement for recapture is a part of this agreement and shall become effective with this agreement. The terms and costs for the recapture shall be calculated at the time of additional connection by other owners/developers on a basis of all cost of the improvement including the cost of interest paid and lost interest income since the time of annexation prorated by the number of square feet to be connected to the system(s). 8. PLANNED UNIT DEVELOPMENT ZONING AND CONDITIONS The parties agree upon approval of this Agreement, the subject real property shall be zoned by Ordinance as Office PUD with limited business uses as set forth in Exhibit `B". The subject property shall be developed and improved as Planned Unit Development under the following criteria: A. Specific building locations as generally defined by the site plan, as per Exhibit "D". 5 B . It is the intent of the OWNER and DEVELOPER to provide additional shrubbery, landscaping or screening to the most northerly and easterly area of the parcel. Setbacks shall be according to the Site Plan, Exhibit "D", attached; and in conformance with the CITY Amended Landscape Ordinance #2000- The site plan attached is hereby modified to provide that a minimum distance of approximately 400 feet shall be maintained between the northerly property line of the subject site and the commercial center for business use shown on the subject site. C. The OWNER and DEVELOPER shall be permitted to operate any permitted use under the UNITED CITY OF YORKVILLE Ordinance in all `B-1 " and "B-2" Business Classification District and "0" Office District, which are set out in the attached "Exhibit `B" that is used in relation to retail sales or service on the subject site. D. Parking shall be in conformance with city ordinance related to each classification of use. Minimum setback from the property line to parking areas as shown on the subject site plan shall be 45 feet from Route 34. The existing residence on Cannonball Trail which will be converted to office use shall not be subject to said setback. E. Detention shall be provided on-site in conformance with the CITY Ordinance. F. OWNER and DEVELOPER shall provide an Exhibit to this Agreement of all building facades to be used in the development of the real property as substantially presented to the CITY as set out in the attached Exhibit "F"; and in Landscape Plan which is attached hereto and incorporated herein as Exhibit `B". 9. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort 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. 10. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon an successor municipal authority of 6 the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 11 . NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subject parcel of real property. Upon breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party ofthis Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/retum receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. . 1. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Rd. Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S . Bridge St. Yorkville, IL 60560 OWNER and DEVELOPER: Arthur Sheridan and Associates, Ltd.,r - 100 Tower Dr. Burr Ridge, IL 60521 12. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 7 13 . PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 14. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. Further, the parties agree that until, or unless it is converted to a permitted office or business use pursuant to this Agreement, the house currently located on the subject premises may continue to be occupied as a legal non-conforming use of the residence. However, once converted to "0" Office District or `B" Business District use, it shall no longer be occupied as a residence. 15. TRANSPORTATION. The CITY shall put forth its best effort as a joint applicant with the DEVELOPER regarding issues effecting surrounding roadway; whether they be Federal, State, County, Township, or City to gain approval for access (ingress and egress), widening, improvements, signalization, etc. as may be required. 8 IN WITNESS WHEREOF, the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE ByJ�� (MAYOR (/ Attest: Cy u Q ) f icA -K -. 2n . CITY CLERK 9 OWNER: OLD KENT BANK, SUCCESSOR TRUSTEE TO MERCHANTS NATIONAL BANK OF AURORA, TRUSTEE UNDER TRUST #5085 This instrument is executed by OLD KENT BANK, successor to MERCHANTS NATIONAL BANK OF AURORA, not personally but solely as Trustee, as aforesaid . All the warranties , covenants and By: conditions to be performed hereunder by OLD KENT BANK, aH41 successor to MERCHANTS NATIONAL BANK OF AURORA are / undertaken by it solely as Trustee. as aforesaid and not A ( J� individually. No personal liability shall be asserted or be W, Mimi cnicrceable against OLD KENT BANK, successor to MERCHANTS NATIONAL BANK OF AURORA by reason of any of the covenants , statements, representations or warranties contained in this instrument, which are made and intended for the purpose of binding only that portion of the trust property DEVELOPER: specifically described herein. COURTHOUSE SQUARE, L.L.C. By: � Arthur Sheridan - Beneficiary/Manager PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553 .9500 10 EXHIBIT LIST Exhibit "A" - Legal description Exhibit "A-1 " - Accurate Map of Territory to be Annexed to the United City of Yorkville, Kendall County, Illinois Exhibit "B" - Zoning Ordinance for O (Office District), B- 1 (Limited Business District), B-2 (General Business District), list of permitted uses Exhibit "C" - Yorkville-Bristol Sanitary District Petition Exhibit "D" - Site plan Exhibit `B" - Landscape Plan Exhibit "F" Building facades 11 Exhibit "A" LEGAL DESCRIPTION That part of the Northwest Quarter of Section 29, Township 37 North, Range 7 East of the Third Principal Meridian described as follows; Beginning at the Northeast Corner of said Northwest Quarter, then South 88 °41 '11 " West, along the South Line of Oak Knolls Subdivision, 285 .05 feet to the East Line of Cannonball Trail; then South 21 °49'35 " East along said East Line, 231 .90 feet to an angle point therein; thence South 68 ° 10'25" East along said East line, 5 .0 feet to an angle point therein; thence South 18 ° 56'06" West along said East line 118.52 feet to an angle point; then South 21 °49'35" West along said East line 185 .73 feet to an angle point; then South 45 ' 10'25 " East along said East line 73 .20 feet to the Northerly line of US Route No. 34; then Easterly along said Northerly line, 462.40 feet to the East line of said Northwest Quarter; thence North 00 °49'35" on said East line, 697.74 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 6. 148 acres. 12 Exhibit `B" PERMITTED USES B-1 Limited Business District, the following would be permitted uses: antique sales household fiunishing shop bakery - retail ice cream shop barber shop jewelry - retail beauty shop laundry, cleaning and dyeing - retail book store library cafeteria (diner) magazine and newsstand camera shop meat market church or other place of worship medical clinic cigar, cigarette and tobacco store mortuary - funeral home clothes - pressing and repair park community center photography studio computer and software sales playground dressmaker - seamstress post office drugstore professional building florist sales recreation center fruit and vegetable market - retail restaurant gift shop shoe and hat repair grocery store - supermarket gymnasium all special uses permitted in O District (office) health food store except solid waste site hobby shop 13 B-2 General Business District, the following would be permitted uses : appliances - sales leather goods Army/Navy surplus sales locksmith art gallery - art studio sales music, instrument and record store art supply store newspaper publishing, excluding printing automatic food service nursery - day care center automobile accessory store office equipment and supply sales bicycle shop paint/wallpaper store billiard parlor personal loan agency blueprint and photostat shop pet store carry-out food service picture frame store catalog sales office radio and television studios clothing store - all types reducing salon - tanning salon convenience store sporting goods discount store stationery drygoods store - retail taxidermist floor covering sales toy store furniture sales - new/used typewriter .- sales and repair hardware store variety store health club or gymnasium watch and clock sales and repair interior decorating studio weaving and mending - custom junior department store O - Office District, the following would be permitted uses: advertising agency income tax service bank insurance office barber shop library beauty shop manufacturing agent's office bookkeeping service . medical clinic club - private indoor park `-- coffee shop I professional offices college, university or junior college public accountant real estate office commercial school, trade school - offering savings and loan association classroom study stenographic service stock broker credit union telegraph office detective agency ticket office employment office travel agency engineering office utility office government office 14 2000 0012953 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON On 09-25-2000 At 02 : 15 pm . CERTIFICATE 18. 00 Certificate of Correction State of Illinois ) ) ss County of Kendall ) This is to certify that the following is the correct Legal Description to be included with the following document : C60A H0L"5,'P3? SQd/A /QL Document #20000012562 Recorded 09 - 15 - 2000 PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT - LEGAL DESCRIPTION That part of the Northwest Quarter of Section 29 , Township 37 North , Range 7 East of the Third Principal Meridian described as follows ; Beginning at the Northeast Corner of said . Northwest Quarter , then South 88 41 ' 11 " West , along the South Line of Oak Knolls subdivision , 285 . 05 feet to the East Line of Cannonball Trail ; then South 21 491351' East along said East Line , 231 . 90 feet to an angle point therein ; thence South 68 10125 " East along said East Line , 5 . 0 feet to an angle point therein ; thence South 18 56106 " West along said East line 198 . 24 feet to an angle point ; then South 21 49135 " West along said East line 185 . 73 feet to an angle point ; then South 45 10125 " East along said East line 73 . 20 feet to the Northerly line of US Route No . 34 ; then Easterly along said Northerly line , 462 . 40 feet to the East line of said Northwest Quarter ; thence North 00 49135 " on said East line , 697 . 74 feet to the point of beginning in Bristol Township , Kendall ' county , Illinois and containing 6 . 148 acres . Dated t Aurora , I1 . Kane County, Illinois September 25 , 2000 Arthur Sheridan , Beneficiary , Old Kent Bank , Successor Trustee to Mechants National Bank of Aurora , Trustee Under Trust #5085 . Accurate Map of Territory to be Annexed to the /V United City of Yorkville Kendall County Illinois k 20 20 28505 29 29 /od n N681025 "W N 50 a� \\\\\\\\ Indicales Presenl Corporata Limits �\ b* e a Sg5°/025"E R�T53B,gz � 73.20" - g62 1701'' Route /Vo Prepared by James M. Olson Associates, Ltd. 107 West Madison Street Yorkville, Illinois 60560 (630) 553-0050 August 25, 2000 Union Bank/n.r PETITION FOR ANNEXATION TO THE YORKVTLLE-BRISTOL SANITARY DISTRICT TO : CLERK OF THE YORKVILLE-BRISTOL SANITARY DISTRICT YORKVILLE, ILLINOIS Old Kent Bank , sucessor Trustee to Merchants THE UNDERSIGNED, Nat . Bank Aurora , Tr . 5085 , being the sole owner of the following described real estate, to wit: (SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT "A") which said real estate is contiguous with the existing boundaries of Yorkville- Bristol Sanitary District, and is not within the corporate limits of any other sanitary district, herewith petitions the Board of Trustees of the Yorkville-Bristol Sanitary District to annex said real estate into the sanitary district. The undersigned represents unto the Board of Trustees of the Yorkville-Bristol Sanitary District as follows: 1 . That said real estate is contiguous with the existing boundaries of the Yorkville- Bristol Sanitary District, and is not within the corporate limits of any other sanitary district. 2. That Old Kent Sucessor Truste under tr . i� gAcle property owner 02 - z9 - loo - 005 & in the area sought to be annexed. Permanent Parcel # nz _ ZQ — i0n _ no ' 3 . (STRIKE INAPPLICABLE PARAGRAPH) (a) That there are no electors residing upon any portion of the above described premises; xT 'x' 1�StR xrt r � ilnq NWRi-OA6R(WtAWA x 4. That attached hereto and forming a part of the petition are the following: (a) Legal description of the real estate, Exhibit "A'; (b) Accurate map of the real estate, Exhibit `B". WHEREFORE, 1110 UI1dCCSigilcd rCgLICStS that the above Petition be Submitted t0 Qlc Board of Trustees of the Yorkville-Bristol Sanitary District for consideration thereon, as required by 70 ILCS 2405/23 .4, Illinois Revised Statutes. 1 EXHIBIT C EXHIBIT COURTHOUSE SQUARE NORTH-EAST CORNER US 34 & CANNONBALL TRAM L SCREEN)N/4 BERM _ sem•WAd r ' ,1 1 Zli�t FFICE ' 90 0 S . FT. \ "' \ OFFICE \ ) 1 SP I 41 SPACES N 0 •j 1 °O iii B SPADE I dill r 'en 1 / v 1 SIGN pC Q i i ri\ RETAIL S /�// 76,000 S -- aa i _ � r 111/11 FU RRE COMM CIA =/� B ING Iq ! 6W ' ' 90 SPI{CESi _ Red0 jr 0 - •. , A SIGN �\\ a \ / ENT ul a y 1 - No, ` I : LOCATION nw rwr m e DEVELOPMENT PLAN uI�II Lannert Group Axnn/a sl+woulinesoanrea �m l.M. ,, M1.WI•c1v. . GI.nnFe ' cemnutlll JO Seu1M1 MICM1IOen Avenue Inil ivamo Own ROCS M 04x1 BI'.I Suits 00 . URI LFSIIp E. M14YOi6 B �$ 19 s IIYA MINl•=mmxw, pO SOMEOIN FEET •1 'a Onin Chicago, IIIInOiS 6060D b•d m..o Requlrod Pr . add - / r J if f Plrirtlner Plgtrtinge � ♦- C5h.4e trot nT= 114 108 / e5114M7 4M7 . mere , w. /65 04 iIN Onwmon[al T.a 24 iB � Sl+.ub 694 GI3 J "• / , ' , y1 LEGEND b° 9{ �4n. O5ha4c Tree ' , (• I_ I Evcrgrmn Troe J/' 0• ..c/ erna: i . • — � . r OOmemcnul Trcc I Shrub Ust4ne Trod v ' rlr '`e� I@Gr[.1111 `f Esleting Evergreen Trod l r rrJ�>srr. Rel ND. 94 PRELIMINARY - COULt11OLISe Square �,.... M�if LANDSCAPE PLAN 1'CfIDPPfiD61gNASSO(1.l1TS e k li litinole 4 °rnRR n4W nY 1141M+w EXHIBIT E f I ° p� Ir. Y cn cn pp rn qT y o ! P 6'W. C.. Walton,Ground-water Recharges and Run-Ulf' in Illinois, Report of investigations, No. 48, Illinois State Water Survey, Urbana, IL 1965 `Ray ):award Wtiarns';`Shallow Hydrology of Glacial Drifts in Northeastern Illinois, Ph.D. Thesis, P. 1179, University of Illinois, Urbana, Illinois, 1960 KENDALL COUNTY LITTLE ROCK y- aOSWEGO `• X w our" P SWIG 11! ;7 po9ee{ F+ 5 Yrnpertrf FOX 2 , 90 KENDALL NA - AU - SAY - - 1 . 15 1118 t BIG GROVE LISBON SEWARD 2 . 24 3 . 04 1 . 00 Vol AQUIFER MAT -• •:-c within 5 fi of land surface o an surface between 20 and 50 ft of land surface C""l no aquifer material within 50 ft of land surface AQUIFER ISK E SENSITIVITY GROUNDWATER SCORE ONTAMINATION 0 . 00 - 2 . 50 " Low Risk " 2 . 51 - 5 . 00 " Low to Moderate Risk " 5 . 01 - . 50 "Mo • - F High Risk " k ` 10-14-5 10-14-6 h. To exceed any of the authorized variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located. L The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to grant a variation . 2. Variations other than those listed may be granted by the City Council, but only after a public hearing as set forth herein for an authorized variation. The concurring vote of two-thirds (Zf,) of the elected members of the City Council shall be necessary to reverse - the recommendations of the Zoning Board of Appeals. (Ord. 1973-56A, 3-28-74) °° lY-OUL1i '. A. Purpose: The development and execution of a zoning ordinance is based upon the division of the City into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses on neighboring land and of the public need for the particular use at the particular location. Such special uses fall into two (2) categories: 1 . Uses publicly operated or traditionally affected with a public interest. 2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities. B. Initiation of Special Uses: Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provided for in this Title in the zoning district in which the land is situated. City of Yorkville - 10-14-6 10-14-6 C. Application for Special Use: An application for a special use or expansion of a special use shall be filed with the City Clerk and shall be accompanied by such plans or data as prescribed by the Plan Commission from time to time. D. Hearing on Application: Upon receipt of the application referred to above, the Plan Commission shall hold at least one public hearing. r At least fifteen (15) days in advance of such hearing, but not more than thirty (30) days, notice of the time, place and purpose of such s hearing shall be published in a newspaper of general circulation in the City. E. Authorization: For each application for a special use, the Plan x. Commission shall report to the City Council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of n twenty percent (20%) of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such special use shall not be ; granted except by the favorable vote of two-thirds CIO of all members of the Cltv Council. f. Standards: No special use shall be recommended by the Plan ` Commission unless said Commission shall find that: 1 . The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. City ofYorkviZle 3 10-14-6 10-14-7 5 . Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) 10-14-7: AMENDMENTS: A. Initiation: Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals or any property owner. B. Processing: 1 . Filing of Application; Contents: An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data and such other information as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. „ Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. ' 2. Notices: The Plan Commission shall give notices of the public A hearings to the applicant and to the owners or occupants of other properties which may be affected as determined by the Plan Commission. All notices shall be in writing and shall give the time, place and purpose of such hearing and shall be mailed not more than thirty (30) days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the . Tax Assessor's rolls and with sufficient postage affixed thereto, with return receipt requested. 3. Publication: The Zoning Officer shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the City of Yorkville no more than thirty (30) days nor less than fifteen (15) days in advance of such hearing. 4. Hearing: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least a, r, P lip City of Yorkville `�a FILE AFTER f WrICENT MILE. <� §e, CREATE AN ILLINOIS 3-DAY GETAWAY. WIm fpzj K _ ! r F Amy - lea ' ' `fi 41 .1 Eta .'.3 CANNONBALL TRAIL CIVIC LEAGUE June 18, 2008 M50 s00000000 To: Yorkville Economic Development Committee Members: Alderman Golinski, Alderman Munns, and Alderman Besco In the packet given to the Yorkville Plan Commission members before the public hearing on June 11, 2008, was the long "history" of the northeast corner of Cannonball Trail and Route 34. I am sure that information was passed on to you. The Plan Commission agreed apparently by their unanimous vote against any change in the current PUD that the current PUD should be the "end" of this long history. Obviously, we wanted it to be the end also. The letter to the Plan Commission attached to the packet explained our concerns for any change to the current PUD which are primarily environmental in nature. The packet included information about the high risk for groundwater contamination. After hearing the concept plan at the public hearing and realizing that there is an underground pipe system proposed for the storm water management, we are even more concerned for the environment and groundwater contamination. We are told that this underground pipe system is a very bad storm water management system. An attachment to this letter is of further concern as it is a statement from someone from the U:S. Department of Agriculture about the poor filtration qualities of the soil in this location: Also attached to this letter is a copy of a statement made at the public hearing that specifically addressed what we feel are shortcomings in the application made by the petitioner in regard to zoning and uses. We hope you Will support the current PUD worked out in 2000. We feel the changes requested are a threat to public health and the environment. Martha Price for the Cannonball Trail Civic League 630-553-7509 mprice421 Klyaol .co = Att. Public Hearing Comments U:S. Department of Agriculture statement ` In the letter and attachments sent to you, our reasons for asking that the PUD not be changed were given which included the previous legal battles and the many changes involving that corner over the years. All of that was outlined in the lengthy history attached to the letter. Our reasons for also not changing the PUD to allow for a special use for a gas station were also specifically given in the letter in that it doesn't seem that the special use meets the standards outlined in Yorkville' s zoning book and those standards are quoted in the letter. These reasons along with the high risk for ground water contamination which could endanger the nearby private wells are the same as the concerns the residents at the other end of Cannonball Trail at Route 47 had in January of 2005 when a gas station was proposed at that corner. You know, of course, that there is NOT a gas station there—the proposal was withdrawn before it was put to a vote at the Plan Commission. In addition, I would like to raise the following issues or questions: The application for the change stated a request for a change in the site plan and for special uses for the "front" lots. I am assuming the "front" lots are the lots located closest to Route 34. In the certified letter we received it stated that the request was for a site plan amendment to the PUD and a special use for a daycare, a gasoline service station and two drive through facilities. I am assuming a "site plan" is the arrangement of the buildings and the current PUD on page 5 states that " The property shall be developed and improved as Planed Unit Development under the following: A. Specific building locations as generally defined by the site plan, as per Exhibit D" Since the new proposal shows buildings in a different arrangement, I am assuming this is what is meant by an amendment to the site plan. However, the new proposal shows a car wash which I believe is a B-3 use. Neither the application or the certified letter states any additional uses or zoning changes are requested. (Only "office" uses and some B4 and B-2 uses are allowed per the current PUD.) Also, the new proposal shows the daycare in the portion of the parcel which according to the PUD is to be "office." In the current PUD, day care is a B-2 classification and should not be allowed in the office zoned portion. Again, neither the application or certified letter states a request for a zoning change or a change in a classification of a use. The "office" zoned portio"e northern most 400 feet, is to serve as a buffer or transitional zoning portion between the single family residences and the B-1 and B-2 uses— top paragraph on page b of current PUD. I realize that in Yorkville's CURRENT zoning ordinances, a day care is a special use in "office." However, the last paragraph on page 7 of the current PUD states "In the event of any conflict between this Agreement and any ordinance of the CITY in force at the time of the execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency." I think this means that since the current PUD states that day care is a 13-2 use, that should take precedence. Again, we feel that the current PUD should be upheld. It was a long rough road getting to the current PUD and we feel the current PUD should end the matter. In addition, I have another document obtained during the first debate about a gas station in this location. This is a brief statement from someone at the US Department of Ag concerning the soil. '12/ii3 ' 96"=13 :33 7Ut5965144'L KSNUiiL4 GU GF5R ; MW>33411yu rii ' U1 etp QUnited States Natural P.O. Box 2890 Department of Resources Washington, DC Agriculture - Conservation 20013 Sanrim _ March 12, 1996 From: Bob Jankoski, — District Conservationist The Soil mapping units on the northeast comer of U-S_ Rt: 34 & Cannonball trail are Fox (327B) silt loam. The Fox series consist of well drained soils former in loamy deposits overlying sand and gravel on outwash plains, stream terraces, and maraines. Approximately 1000 feet east of the intersection, is Blackberry Creek. The soil mapping unit along the creek is identified as Lorenzo (318F) silt loam. Lorenzo also consists of well drained soils formed in 12 to 24 inches of loamy material over sand and gravel on outwash plains, valley trains and maraines. Both Fox (327B) and Lorenzo (318F) haveyter ±poorfilter eapab(litles and rapid water movement will occur through the subsoil di e` to ft gavel present. The Natural Resources Conservation SeMca, , to¢neq " sou conaervaumseMce, - ts sn agency of the unasd States Dopadmcnt atAgrtcullura - AN EQUAL OPPORTUNITY EMPLOYER United States A product of the National Custom Soil Resource Department of Cooperative Soil Survey, Agriculture a joint effort of the United Report for States Department of Agriculture and other Kendall County Federal agencies, State , Natural agencies including the Resources Agricultural Experiment Illinois Conservation Stations, and local Service participants Northeast Corner of Cannonball Trail and Route 34 AlG' d I •I Kenilall - c Illinois f rC; irk Preface Soil surveys contain information that affects land use planning in survey areas. They highlight soil limitations that affect various land uses and provide information about the properties of the soils in the survey areas. Soil surveys are designed for many different users, including farmers, ranchers, foresters, agronomists, urban planners, community officials, engineers, developers, builders, and home buyers. Also, conservationists, teachers, students, and specialists in recreation, waste disposal, and pollution control can use the surveys to help them understand, protect, or enhance the environment. Various land use regulations of Federal, State, and local governments may impose special restrictions on land use or land treatment. Soil surveys identify soil properties that are used in making various land use or land treatment decisions. The information is intended to help the land users identify and reduce the effects of soil limitations on various land uses. The landowner or user is responsible for identifying and complying with existing laws and regulations. Great differences in soil properties can occur within short distances. Some soils are seasonally wet or subject to flooding. Some are too unstable to be used as a foundation for buildings or roads. Clayey orwet soils are poorly suited to use as septic tank absorption fields. A high water table makes a soil poorly suited to basements or underground installations. The National Cooperative Soil Survey is a joint effort of the United States Department of Agriculture and other Federal agencies, State agencies including the Agricultural Experiment Stations, and local agencies. The Natural Resources Conservation Service (NRCS) has leadership for the Federal part of the National Cooperative Soil Survey. Information about soils is updated periodically. Updated information is available through the NRCS Soil Data Mart Web site or the NRCS Web Soil Survey. The Soil Data Mart is the data storage site for the official soil survey information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TOD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. 2 Contents Preface....................................................................................................................2 How Soil Surveys Are Made...................................................... ............................4 SoilMap............................................. ......................................... ............................6 SoilMap............................................................................................ ....................7 Legend... ..6b.........0.................................. ........6...........6 .6............ ....... ........ ...8 MapUnit Legend..................................................................................................9 MapUnit Descriptions................................................................................ ..........9 Kendall County, Illinois Version date:8/212007 6:52:15 AM....... .....................11 149A—Brenton silt loam, 0 to 2 percent slopes........6.........o.o..................0.. 11 206A—Thorp silt loam, 0 to 2 percent slopes.............................................12 327B—fox silt loam, 2 to 4 percent slopes.........0.%6..4.........0.....6.................12 Soft Information for Urban Uses....... ..... ............................................................. 14 Suitabilities and Limitations for Use.................................................................... 14 Building Site Development.................................................... .......................... 14 Dwellings With Basements......6...... ......o..............o...6.6..........o............o....o.o.o`14 Corrosion of Concrete............6... .......o-6-6...........o.....6......o............ ........o.o%.... 18 Dwellings Without Basements....6.............. ........... .........6.......40.....4.6..........21 Corrosionof Steel........................................................................................25 Local Roads and Streets............................................................ .................28 Small Commercial Buildings........................................................................32 Shallow Excavations.......6.........oftoo...6... ......o......d................ .6.....o.......o.6.......36 LandManagement............. .............................................................................40 Suitability for Roads (Natural Surface)........................................................41 Recreational Development......................................................... .....................44 Playgrounds.....6..6......o.......... ...6...... .......66.....o........................66.... .....o........44 WasteManagement............................................6...6.............6..................6......48 Disposal of Wastewater by Rapid Infiltration.....................6.......0.................48 Slow Rate Treatment of Wastewater.,...................o..........o.o%.....6.................52 WaterManagement........................................................................................56 Tile Drains and Underground Outlets (TX)..................................................56 References............................................................................................................61 3 How Soil Surveys Are Made Soil surveys are made to provide information about the soils and miscellaneous areas in a specific area. They include a description of the soils and miscellaneous areas and their location on the landscape and tables that show soil properties and limitations affecting various uses. Soil scientists observed the steepness, length, and shape of the slopes; the general pattern of drainage; the kinds of crops and native plants; and the kinds of bedrock. They observed and described many soil profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The profile extends from the surface down into the unconsolidated material in which the soil formed or from the surface down to bedrock. The unconsolidated material is devoid of roots and other living organisms and has not been changed by other biological activity. Currently, soils are mapped according to the boundaries of major land resource areas (MLRAs). MLRAs are geographically associated land resource units that share common characteristics related to physiography, geology, climate, water resources, soils, biological resources, and land uses (USDA, 2006). Soil survey areas typically consist of parts of one or more MLRA. The soils and miscellaneous areas in a survey area occur in an orderly pattern that is related to the geology, landforms, relief, climate, and natural vegetation of the area. Each kind of soil and miscellaneous area is associated with a particular kind of landform or with a segment of the landform. By observing the soils and miscellaneous areas in the survey area and relating their position to specific segments of the landform, a soil scientist develops a concept, or model, of how they were formed. Thus, during mapping, this model enables the soil scientist to predict with a considerable degree of accuracy the kind of soil or miscellaneous area at a specific location on the landscape. Commonly, individual soils on the landscape merge into one another as their characteristics gradually change. To construct an accurate soil map, however, soil scientists must determine the boundaries between the soils. They can observe only a limited number of soil profiles. Nevertheless, these observations, supplemented by an understanding of the soil-vegetation-landscape relationship, are sufficient to verify predictions of the kinds of soil in an area and to determine the boundaries. Soil scientists recorded the characteristics of the soil profiles that they studied. They noted soil color, texture, size and shape of soil aggregates, kind and amount of rock fragments, distribution of plant roots, reaction, and other features that enable them to identify soils. After describing the soils in the survey area and determining their properties, the soil scientists assigned the soils to taxonomic classes (units). Taxonomic classes are concepts. Each taxonomic class has a set of soil characteristics with precisely defined limits. The classes are used as a basis for comparison to classify soils systematically. Soil taxonomy, the system of taxonomic classification used in the United States, is based mainly on the kind and character of soil properties and the arrangement of horizons within the profile. After the soil scientists classified and named the soils in the survey area, they compared the 4 Custom Soil Resource Report individual soils with similar soils in the same taxonomic class in other areas so that they could confirm data and assemble additional data based on experience and research. While a soil survey is in progress, samples of some of the soils in the area generally are collected for laboratory analyses and for engineering tests. Soil scientists interpret the data from these analyses and tests as well as the field-observed characteristics and the soil properties to determine the expected behavior of the soils under different uses. Interpretations for all of the soils are field tested through observation of the soils in different uses and under different levels of management. Some interpretations are modified to fit local conditions, and some new interpretations are developed to meet local needs. Data are assembled from other sources, such as research information, production records, and field experience of specialists. For example, data on crop yields under defined levels of management are assembled from farm records and from field or plot experiments on the same kinds of soil. Predictions about soil behavior are based not only on soil properties but also on such variables as climate and biological activity. Soil conditions are predictable over long periods of time, but they are not predictable from year to year. For example, soil scientists can predict with a fairly high degree of accuracy that a given soil will have a high water table within certain depths in most years, but they cannot predict that a high water table will always be at a specific level in the soil on a specific date. After soil scientists located and identified the significant natural bodies of soil in the survey area, they drew the boundaries of these bodies on aerial photographs and identified each as a specific map unit. Aerial photographs show trees, buildings, fields, roads, and rivers, all of which help in locating boundaries accurately. 5 Soil Map The soil map section includes the soil map for the defined area of interest, a list of soil map units on the map and extent of each map unit, and cartographic symbols displayed on the map. Also presented are various metedata about data used to produce the map, and a description of each soil map unit. 6 Custom Soil Resource Report Soil Map 37M10 378540 378570 37M00 378630 378860 378690 Auk WF zo ry F F.7} Avv I. 77 ` Al. h y e 37410 378640 37470 37M00 37430 37460 37490 v N Meters A 0 15 30 9p Feet 0 50 100 200 300 ) ( : ice \ ) ) ) + / _ ! (f Z = > k § g ) (E \ ) \ \ \ « / \ \ / / } k o \ ; � 3: E � � � CL : - § f ! - $ ) / ) {/ ! [ k \ a / \ - k - , ) ) / ! } f ƒ § W . _ - ^ kn 2 \ ) ) {\ / { » 0 � ) k ` 2f { : f E [ 3 ! { r ! fG $ k $ � 3 6 £ , Of oa / \ E ! - � , {� # ! • ƒ , ) _ „ { \ $ % / \ $ ) ! ) k § ) \ ! ! ig 2 io a § � ! ` ■ \ # - � \ v ) k \ k ) \ \ ! kk ) } ) § \ / \ \ ) \ \ ) ! i » Ex . x . o « 4 » ee > + x , � a „ w Custom Soil Resource Report Map Unit Legend Kendall County, Illinois (I1.093)_ - Map Unit Symbol . Map Unit Name. Acres in AOI Percent of AOI 149A Brenton silt loam, 0 to 2 percent 0.0 0.4% slopes 206A Thorp sill loam, 0 to 2 percent 0.1 1 .7% slopes 3278 Fox silt loam, 2 to 4 percent 6.6 98.0% slopes Totals for Area of Interest (AOI) 6.71 100.0% Map Unit Descriptions The map units delineated on the detailed soil maps in a soil survey represent the soils or miscellaneous areas in the survey area. The map unit descriptions, along with the maps, can be used to determine the composition and properties of a unit. A map unit delineation on a soil map represents an area dominated by one or more major kinds of soil or miscellaneous areas. A map unit is identified and named according to the taxonomic classification of the dominant soils. Within a taxonomic class there are precisely defined limits forthe properties of the soils. On the landscape, however, the soils are natural phenomena, and they have the characteristic variability of all natural phenomena. Thus, the range of some observed properties may extend beyond the limits defined for a taxonomic class. Areas of soils of a single taxonomic class rarely, if ever, can be mapped without including areas of other taxonomic classes. Consequently, every map unit is made up of the soils or miscellaneous areas for which it is named and some minor components that belong to taxonomic classes other than those of the major soils. Most minor soils have properties similar to those of the dominant soil or soils in the map unit, and thus they do not affect use and management. These are called noncontrasting, or similar, components. They may or may not be mentioned in a particular map unit description. Other minor components, however, have properties and behavioral characteristics divergent enough to affect use or to require different management. These are called contrasting, or dissimilar, components. They generally are in small areas and could not be mapped separately because of the scale used. Some small areas of strongly contrasting soils or miscellaneous areas are identified by a special symbol on the maps. If included in the database for a given area, the contrasting minor components are identified in the map unit descriptions along with some characteristics of each. A few areas of minor components may not have been observed, and consequently they are not mentioned in the descriptions, especially where the pattern was so complex that it was impractical to make enough observations to identify all the soils and miscellaneous areas on the landscape. The presence of minor components in a map unit in no way diminishes the usefulness or accuracy of the data. The objective of mapping is not to delineate pure taxonomic classes but rather to separate the landscape into landforms or landform segments that 9 Custom Soil Resource Report have similar use and management requirements. The delineation of such segments on the map provides sufficient information for the development of resource plans. If intensive use of small areas is planned, however, onsite investigation is needed to define and locate the soils and miscellaneous areas. An identifying symbol precedes the map unit name in the map unit descriptions. Each description includes general facts about the unit and gives important soil properties and qualities. Soils that have profiles that are almost alike make up a soil series. Except for differences in texture of the surface layer, all the soils of a series have major horizons that are similar in composition, thickness, and arrangement. Soils of one series can differ in texture of the surface layer, slope, stoniness, salinity, degree of erosion, and other characteristics that affect their use. On the basis of such differences, a soil series is divided into soil phases. Most of the areas shown on the detailed soil maps are phases of soil series. The name of a soil phase commonly indicates a feature that affects use or management. For example, Alpha silt loam, 0 to 2 percent slopes, is a phase of the Alpha series. Some map units are made up of two or more major soils or miscellaneous areas. These map units are complexes, associations, or undifferentiated groups. A complex consists of two or more soils or miscellaneous areas in such an intricate pattern or in such small areas that they cannot be shown separately on the maps. The pattern and proportion of the soils or miscellaneous areas are somewhat similar in all areas. Alpha-Beta complex, 0 to 6 percent slopes, is an example. An association is made up of two or more geographically associated soils or miscellaneous areas that are shown as one unit on the maps. Because of present or anticipated uses of the map units in the survey area, it was not considered practical or necessary to map the soils or miscellaneous areas separately. The pattern and relative proportion of the soils or miscellaneous areas are somewhat similar. Alpha- Beta association, 0 to 2 percent slopes, is an example. An undifferentiated group is made up of two or more soils or miscellaneous areas that could be mapped individually but are mapped as one unit because similar interpretations can be made for use and management. The pattern and proportion of the soils or miscellaneous areas in a mapped area are not uniform. An area can be made up of only one of the major soils or miscellaneous areas, or it can be made up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example. Some surveys include miscellaneous areas. Such areas have little or no soil material and support little or no vegetation. Rock outcrop is an example. 10 Custom Soil Resource Report Kendall County, Illinois Version date: 8 12/2007 6 : 52: 15 AM 149A—Brenton silt loam, 0 to 2 percent slopes Map Unit Setting Elevation: 510 to 930 feet Mean annual precipitation: 28 to 40 inches Mean annual air temperature: 45 to 52 degrees F Frost-free period. 140 to 180 days Map Unit Composition Brenton and similar soils: 90 percent Description of Brenton Setting Landform: Stream terraces, outwash plains Landform position (two-dimensional): Footslope, summit Landform position (three-dimensional): Rise Down-slope shape: Linear Across-slope shape: Linear Parent material: Loess or other silty material and in the underlying outwash Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Drainage class: Somewhat poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: About 12 to 24 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 20 percent Available water capacity: High (about 11 .2 inches) Interpretive groups Land capability (nommil gated): 1 Typical profile 0 to 12 inches: Silt loam 12 to 28 inches: Silty clay loam 28 to 44 inches: Clay loam 44 to 60 inches: Stratified loamy sand to clay loam Minor Components Pella Percent of map unit: Landform: Ground moraines, outwash plains, lake plains Landform position (two-dimensional): Toeslope Drummer Percent of map unit: Landform: Outwash plains, ground moraines Landform position (two-dimensional): Toeslope 11 Custom Soil Resource Report Landform position (three-dimensional): Talf Down-slope shape: Linear Across-s lope shape: Linear 206A—Thorp silt loam, 0 to 2 percent slopes Map Unit Setting Elevation: 520 to 980 feet Mean annual precipitation: 30 to 40 inches Mean annual air temperature: 46 to 54 degrees F Frost-free period: 150 to 180 days Map Unit Composition Thorp and similar soils: 95 percent Description of Thorp Setting Landform: Outwash plains, ground moraines Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Talf Down-slope shape: Concave Across-slope shape: Concave Parent material. Loess over stratified loamy outwash Properties and qualities Slope: 0 to 2 percent Depth to restrictive feature: More than 80 inches Drainage class: Poorly drained Capacity of the most limiting layer to transmit water (Ksat): Moderately low to moderately high (0.06 to 0.20 in/hr) Depth to water table: About 0 to 12 inches Frequency of flooding: None Frequency of ponding: Frequent Calcium carbonate, maximum content: 20 percent Available water capacity: High (about 9.4 inches) Interpretive groups Land capability (noniraw gated): 2w Typical profile 0 to 14 inches: Silt loam 14 to 19 inches: Silt loam 19 to 43 inches: Silty clay loam 43 to 50 inches., Sandy clay loam 50 to 65 inches: Stratified loamy sand to loam 3278—Fox silt loam, 2 to 4 percent slopes Map Unit Setting Elevation: 510 to 930 feet Mean annual precipitation: 28 to 40 inches Mean annual air temperature: 45 to 52 degrees F Frost-free period., 140 to 180 days 12 Custom Soil Resource Report Map Unit Composition Fox and similar soils: 90 percent Description of Fox Setting Landform: Stream terraces, outwash plains Landform position (two-dimensional): Backslope, summit Landform position (three-dimensional): Interfluve Down-slope shape: Convex Across-slope shape: Convex Parent material.- Loess and/or loamy outwash over sandy and gravelly outwash Properties and qualities Slope: 2 to 4 percent Depth to restrictive feature: More than 80 inches Drainage class: Well drained Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high (0.60 to 2.00 in/hr) Depth to water table: More than 80 inches Frequency of flooding: None Frequency of ponding: None Calcium carbonate, maximum content: 45 percent Available water capacity. Moderate (about 6.2 inches) Interpretive groups Land capability (nonirrigated): 2e Typical profile 0 to 4 inches., Silt loam 4 to 7 inches: Silt loam 7 to 13 inches: Silty clay loam 13 to 28 inches: Clay loam 28 to 60 inches: Stratified gravelly sand to extremely gravelly coarse sand Minor Components Will Percent of map unit. Landform: Outwash plains, stream terraces Landform position (two-dimensional): Toeslope Landform position (three-dimensional): Talf Down-slope shape: Linear Across-slope shape: Linear 13 Soil Information for Urban Uses Suitabilities and Limitations for Use The Suitabilities and Limitations for Use section includes various soil interpretations displayed as thematic maps with a summary table for the soil map units in the selected area of interest. A single value or rating for each map unit is generated by aggregating the interpretive ratings of individual map unit components. This aggregation process is defined for each interpretation. Building Site Development Building site development interpretations are designed to be used as tools for evaluating soil suitability and identifying soil limitations for various construction purposes. As part of the interpretation process, the rating applies to each soil in its described condition and does not consider present land use. Example interpretations can include corrosion of concrete and steel, shallow excavations, dwellings with and without basements, small commercial buildings, local roads and streets, and lawns and landscaping. Dwellings With Basements Dwellings are single-family houses of three stories or less. For dwellings with basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of about 7 feet. The ratings for dwellings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility. Compressibility is inferred from the Unified classification of the soil. The properties that affect the ease and amount of excavation include depth to a water table, ponding, flooding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified 14 Custom Soil Resource Report use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 15 Custom Soil Resource Report Map—Dwellings With Basements 378510 378540 378570 378800 378830 378%0 378690 J ��s 4 i G � t ry T' V 1 P fJJ/ I 1 � !1 t�r i 1 v 378510 378540 378570 378600 378630 378660 378690 v N Meters A 0 15 30 60 90 Feel 0 Sa 100 200 300 2 \ �( \\ 0 m \ ! | & (\) ))§ \ c< ( !/!! o =& : K ) r` ` 3 i$ C) / *#[! {#� « E c 0 ) _ a _ \f / ( \ : 0 Ica \% : /) - °% ' § !} ! {) {# \ � Ok .LD /f ƒ w E ® o`{! /«3 / � m : r £! { ( % 2 § \ J [ E § k of 2 0 _ § ± ` z | ` k j = ) ) IL E ` \ \ \ \ \ r \ j \ � \ ! m !} / © ; it Custom Soil Resource Report Tables—Dwellings With Basements Dwellings With Basements— Summary by Map Unit— Kendall County, Illinois -. Map unit symbol Map unit name Rating Component Rating reasons Acres in AOI Percent of AOI. :name (percent) (rating values) 149A Brenton silt loam, Very limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (1.00) Shrink-swell (0.50) 206A Thorp silt loam, 0 Very limited Thorp (95%) Depth to 0.1 1 .7% to 2 percent saturated zone slopes (1 .00) Ponding (1 .00) Shrink-swell (0.50) 3278 Fox silt loam, 2 to Not limited Fox (90%) 6.6 98.0% 4 percent slopes Totals for Area of Interest (AD]) 6.71 100.0% Dwellings With Basements— Summary by Rating Value; Rating - Acres in AOI Percent of AOI Not limited 6.6 98.0% Very limited 0.1 2.1% Rating Options—Dwellings With Basements Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Corrosion of Concrete "Risk of corrosion" pertains to potential soil-induced electrochemical or chemical action that corrodes or weakens concrete. The rate of corrosion of concrete is based mainly on the sulfate and sodium content, texture, moisture content, and acidity of the soil. Special site examination and design may be needed if the combination of factors results in a severe hazard of corrosion. The concrete in installations that intersect soil boundaries or soil layers is more susceptible to corrosion than the concrete in installations that are entirely within one kind of soil or within one soil layer. The risk of corrosion is expressed as "low," "moderate," or "high." 18 Custom Soil Resource Report Map—Corrosion of Concrete 378510 378540 378570 378600 378630 378660 378690 G� 5 yr. �1r M i, iin YvVi c 3]8510 378540 376570 378600 378630 378680 378690 N Meters 0 75 30 60 A Feat 0 50 1ao zoo 300 a d o rn n C L C Y n > 41 9 d 0 0 � o a c oOy aria cEE _ m mN Z n> O UVOi.O O 2. `m E N Z Z w o u E m L 2 2 C Q C N 6 O N'OZ � =N O. CHmC O'N Q9 0 d d y3o w3 0,� o ET m `m m nN E o U c a y m E a Zy O7 W L O.O m.y Ul m p Vdi (p CL N C C _ d N N d N nV N CQ O f0 J N N Y 7 N L v C W z D E C d C d T v 0.N.. N� ob m rn� m E vi m�N yv Q� m o'o as E O U m N fn N j C T N O. N.Lo r dOIa0 O C_O OO Q m La9J C C C E V E m y;rnm J do w > — Z :? vEmE O> of �°n �iU F$ r°n m' D Hc°iEo U7 O N O- U N C d' O (uU `o � c O N N W O O O N oa w C m N m U J d a d ❑ O > C T Z v d v ui w a ° W Q 'd L v O d O 30 p 7 d 'a n IL Q f9 C S Z U O Q d d "d d G ❑ ❑ ❑ V j ^ ❑ LL n N d N d O t- Custom Soil Resource Report Table—Corrosion of Concrete Corrosion of Concrete— summary by Map Unit- Kendall County, Illinois Map unit symbol Map unit name Rating Acres in AOI Percent of A01 149A Brenton silt loam, 0 to 2 Moderate 0.0 0.4% percent slopes 206A Thorp silt loam, 0 to 2 Moderate 0.1 1.7% percent slopes 3278 Fox sift loam, 2 to 4 Moderate 6.6 98.0% percent slopes Totals for Area of Interest (A01) 6.71 100.0% Rating Options—Corrosion of Concrete Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Dwellings Without Basements Dwellings are single-family houses of three stories or less. For dwellings without basements, the foundation is assumed to consist of spread footings of reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. The ratings for dwellings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility. Compressibility is inferred from the Unified classification of the soil. The properties that affect the ease and amount of excavation include depth to a water table, ponding, flooding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. 21 Custom Soil Resource Report Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 22 Custom Soil Resource Report Map—Dwellings Without Basements 378510 378540 378570 370600 378630 378660 376690 P x x� l v r it 4. n i i e e 3]8510 378540 37&570 378800 378630 378660 378680 N iMeters A o 15 30 60 Feet 0 50 100 200 300 \E- : ; {`\ k Z \� \\ ;! r o ) if ] ! ! ® !� ! § - k/ 2 § ! ( / ! ! )\ Q [t) ()f ) ®/ 0 !/7! $ k�k � 3 0- - { {(k a & - \\! m §f | )ƒ § F [k{a )k{ k� ` E §0 E .. �« !\ # E § - ±�® :2 \m : 2 = - �� ff !f {{{% \\# ( �(/ /) / : {;! # o>fr )f! \ ( _ § $ / A E « I J { = � \ ƒ . , _ I, - _ _ _ - a k = f ! ! � _ - / § � _ _ = 0 ] o } / ! \ | 4 � ' ; c Custom Soil Resource Report Tables—Dwellings Without Basements Dwellings Without Basements- Summary by Map Unit- Kendall County, Illinois . Map unit symbol Map unit name Rating Component Rating reasons Acres in AN Percent of AD[ name (percent) (rating values) ; 149A Brenton silt loam, Somewhat limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (0.98) Shrink-swell (0.50) 206A Thorp silt loam, 0 Very limited Thorp (95%) Depth to 0.1 1 .7% to 2 percent saturated zone slopes (1.00) Ponding (1 .00) Shrink-swell (0.50) 327B Fox silt loam, 2 to Somewhat limited Fox (90%) Shrink-swell 6.6 98.0% 4 percent (0.50) slopes Totals for Area of Interest (AOI) I 6.71 100.0% Dwellings Without Basements- Summary by Rating Value Rating Acres in AD] Percent of AOI Somewhat limited 6.6 98.3% Very limited 0.1 1 .7% Rating Options—Dwellings Without Basements Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Corrosion of Steel "Risk of corrosion" pertains to potential soil-induced electrochemical or chemical action that corrodes or weakens uncoated steel. The rate of corrosion of uncoated steel is related to such factors as soil moisture, particle-size distribution, acidity, and electrical conductivity of the soil. Special site examination and design may be needed if the combination of factors results in a severe hazard of corrosion. The steel in installations that intersect soil boundaries or soil layers is more susceptible to corrosion than the steel in installations that are entirely within one kind of soil or within one soil layer. The risk of corrosion is expressed as "low," "moderate," or "high." 25 Custom Soil Resource Report Map—Corrosion of Steel 378510 378540 378570 378600 378630 378660 378690 a 1 .4 M k fr 1 , e y P v 376510 378590 378570 378800 378630 378680 378690 v N Maters A 0 15 30 60 90 Feet 0 50 100 200 300 !! E > |!{ §)� $} ! e! §f| - §0E) ( , )& . , | - D t |k /\\\ )§ \ \m ! 0 < �/m ;!2 E )y m E{[k LL !\� 2 |f . m w of | : M! ■ [k}k )/ t k` ` K k{k� §! ! § ƒ$ !{ ƒ§ ! 65- !f/ � ! ; g = �■ ) �! f !# 2& - /�f® \\0 Eo /f j\ 0 /{/\ ƒ§ \ � E 2 a \ ! k 2! | \ . /( \} {§ \ D ! \ , \\ O O ! \ Custom Soil Resource Report Table—Corrosion of Steel Corrosion of Steel— Summary by Map Unit— Kendall County, Illinois .Map unit symbol " Map unit name Rating!. Acres in Percent of 149A Brenton silt loam, 0 to 2 High 0.0 0.4% percent slopes 206A Thorp silt loam, 0 to 2 High 0.1 1 .7% percent slopes 327B Fox sift loam, 2 to 4 Moderate 6.6 98.0% percent slopes Totals for Area of Interest (AOI) 6.7 100.0% Rating Options—Corrosion of Steel Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Local Roads and Streets Local roads and streets have an all-weather surface and carry automobile and light truck traffic all year. They have a subgrade of cut or fill soil material; a base of gravel, crushed rock, or soil material stabilized by lime or cement; and a surface of flexible material (asphalt), rigid material (concrete), or gravel with a binder. The ratings are based on the soil properties that affect the ease of excavation and grading and the traffic-supporting capacity. The properties that affect the ease of excavation and grading are depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, depth to a water table, ponding, flooding, the amount of large stones, and slope. The properties that affect the traffic-supporting capacity are soil strength (as inferred from the AASHTO group index number), subsidence, linear extensibility (shrink-swell potential), the potential for frost action, depth to a water table, and ponding. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the 28 Custom Soil Resource Report point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 29 Custom Soil Resource Report Map—Local Roads and Streets 378510 378540 370570 378600 378630 378660 370690 3V P QU 1 s• r*= 0 d I I I 1 Q n I O O � ' S e 378510 378540 370570 378600 378630 3]81 37W90 v nl Meters A 0 5 30 60 90 Feet 0 50 100 200 300 ! (f ;mE co /$2 \\ \ \ /k}) K ))� k// E = 0 ` �� ` 2; ( )t! ƒ « E k - ! - ■ /;{) /// \\ /\ { \ 6 { [\ 7 /! .1 m 0 0 \ /) 7 /E E $ !`#r /fa /k 3w ! e !! \ � ƒ \ Cc § 0 « k J \ § f = - : / , ) \ ; ` , Z _ _ _ � « \ OgO ( ` O { / ! ! | 2 ` 0 ; Custom Soil Resource Report Tables—Local Roads and Streets Local Roads and Streets— Summary by Map Unit— Kendall County, Illinois Map unit symbol Map unit name Rating Component Rating reasons Acres in AOI Percent of AOI.. name (percent) (rating values) 149A Brenton silt loam, Very limited Brenton (90%) Frost action 0.0 0.4% 0 to 2 percent (1.00) slopes Low strength (1 .00) Depth to saturated zone (0.75) Shrink-swell (0.50) 206A Thorp silt loam, 0 Very limited Thorp (95%) Depth to 0.1 1.7% to 2 percent saturated zone slopes (1 .00) Frost action (1.00) Low strength (1.00) Ponding (1 .00) Shrink-swell (0.50) 3278 Fox silt loam, 2 to Somewhat limited Fox (90%) Shrink-swell 6.6 98.0% 4 percent (0.50) slopes Frost action (0.50) Totals for Area of Interest (AOI) I 6.7 I 100.00/. Local Roads and Streets— Summary by Rating Value ' ' . 'Rating Acres in AOI Percent of AN limited 6.6 98.0% Very limited 0.1 2.1% Rating Options—Local Roads and Streets Aggregation Method: Dominant Condition Component Percent Cutoffb None Specified Tie-break Rule: Higher Small Commercial Buildings Small commercial buildings are structures that are less than three stories high and do not have basements. The foundation is assumed to consist of spread footings of 32 Custom Soil Resource Report reinforced concrete built on undisturbed soil at a depth of 2 feet or at the depth of maximum frost penetration, whichever is deeper. The ratings are based on the soil properties that affect the capacity of the soil to support a load without movement and on the properties that affect excavation and construction costs. The properties that affect the load-supporting capacity include depth to a water table, ponding, flooding, subsidence, linear extensibility (shrink-swell potential), and compressibility (which is inferred from the Unified classification of the soil). The properties that affect the ease and amount of excavation include flooding, depth to a water table, ponding, slope, depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, and the amount and size of rock fragments. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 33 Custom Soil Resource Report Map—Small Commercial Buildings 378510 376540 378570 378600 378630 378660 378690 AL Y N I+_ 1.i, f I "t1b r 378510 378540 378570 378600 378630 378660 378690 v N Meters A 0 15 30 60 90 Feet 0 50 100 200 300 §! ® > /,\ {{§ ] § _ § /) § }/E w !: 2 ! ! ` /\\ \�� \ . \� \ ( �} Z / �� ° 5 ;! §f { \E IL \- - � �� ^ f) | )k) ( [k{& k/j \_ ` k § - f; _ }] § F{ /\! / )a0 !f \ / !�I` a« ! // 3w ! /{/{ \\ 2 £ ƒ 0 co \ E « ? ul 4 { UJ \ ! \ ) \ f ! > Z s 5 / O O 2 ! & » � ; Custom Soil Resource Report Tables—Small Commercial Buildings Small Commercial Buildings Summary by Map Unit Kendall County, Illinois: Map unit symliol Map unit name Rating Component Rating reasons -.Acres in Aol Percent of AD[ name (percent) (rating values) 149A Brenton silt loam, Somewhat limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (0.98) Shrink-swell (0.50) 206A Thorp silt loam, 0 Very limited Thorp (95%) Depth to 0.1 1 .7% to 2 percent saturated zone slopes (1 .00) Ponding (1 .00) Shrink-swell (0.50) 3278 Fox silt loam, 2 to Somewhat limited Fox (90%) Shrink-swell 6.6 98.0% 4 percent (0.50) slopes Totals for Area of Interest (AOI) ( 6.71 100.0% Small Commercial Buildings— Summary by Rating Value. Rating Acres in AOI Percent of AOI Somewhat limited 6.6 98.3% Very limited 0.1 1 .7% Rating Options—Small Commercial Buildings Aggregation Method., Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Shallow Excavations Shallow excavations are trenches or holes dug to a maximum depth of 5 or 6 feet for graves, utility lines, open ditches, or other purposes. The ratings are based on the soil properties that influence the ease of digging and the resistance to sloughing. Depth to bedrock or a cemented pan, hardness of bedrock or a cemented pan, the amount of large stones, and dense layers influence the ease of digging, filling, and compacting. Depth to the seasonal high water table, flooding, and ponding may restrict the period when excavations can be made. Slope influences the ease of using machinery. Soil texture, depth to the water table, and linear extensibility (shrink-swell potential) influence the resistance to sloughing. 36 Custom Soil Resource Report The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 37 Custom Soil Resource Report Map—Shallow Excavations 378510 378540 378,570 378600 378630 378660 378690 K f v i i' 1 f i. t!. ` I I � f `& y 3J8510 378540 378570 378600 378630 376660 378690 N 0 15 30 W �Melers A Feet 0 50 1a0 zoo 300 n O _ m Z n� a ova' � ro .N RE a o F mEm mZ Z mo criEh O.y Ul C O C1 Q p Q d p C O Q C N y L C p yZ CJ = cl : G `1 p N pNj N z O1 p N Q 9 0 3L v tj v v �Q U. y 41 N N O 3 p 1(J O d � 10 vnN Eo Uo a va Ea c � v aEvE v n 2m vE v m rnm 20 y vm °� m°Z r wA o o.o Ro o N a Q R m n n p p .2 p M N. 'O.2 2.¢ R L V 0 W O C O a cc � E `2 w o- m°. p R E R E O> c EE co a H« mv1 0 F $Eo C N O C Q,O Ol > U U X J W d a) 3 o oco L Ea o c N N 3 � U � v a N Q L N C N 3 T Z m = E U m R (7 a w m v v m o W Q `p E m 'E `m w c c E 5 o x ¢ rc J a v .o Z E N N p "O VO , W 'e M C N (n t a m rn > w z z r v > : o w o w = m o OM W C d @ 3 R (\ C Custom Soil Resource Report Tables—Shallow Excavations Shallow Excavations— Summary by Map Unit—Kendall County, Illinois Mapunitsymbol Mapunitname Rating Component Rating reasons Acres in A01 Percent of A01' name (percent) (ratingvalues) 149A Brenton silt loam, Very limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (1 .00) Cutbanks cave (1 .00) 206A Tharp silt loam, 0 Very limited Thorp (95%) Depth to 0.1 1 .7% to 2 percent saturated zone slopes (1 .00) Cutbanks cave (1.00) Pending (1.00) 327B Fax silt loam, 2 to Very limited Fox (90%) Cutbanks rave 6.6 98.0% 4 percent (1.00) slopes Totals for Area of Interest (AOI) I 6.71 100.0% Shallow Excavations— Summary by Rating Value - Rating Acres in A01 Percent of AD] Very limited 6.7 100.0% Rating Options—Shallow Excavations Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Land Management Land management interpretations are tools designed to guide the user in evaluating existing conditions in planning and predicting the soil response to various land management practices, for a variety of land uses, including cropland, forestland, hayland, pastureland, horticulture, and rangeland. Example interpretations include suitability for a variety of irrigation practices, log landings, haul roads and major skid trails, equipment operability, site preparation, suitability for hand and mechanical planting, potential erosion hazard associated with various practices, and ratings for fencing and waterline installation. 40 Custom Soil Resource Report Suitability for Roads (Natural Surface) The ratings in this interpretation indicate the suitability for using the natural surface of the soil for roads. The ratings are based on slope, rock fragments on the surface, plasticity index, content of sand, the Unified classification of the soil, depth to a water table, ponding, flooding, and the hazard of soil slippage. The ratings are both verbal and numerical. The soils are described as "well suited," "moderately suited," or "poorly suited" to this use. "Well suited" indicates that the soil has features that are favorable for the specified kind of roads and has no limitations. Good performance can be expected, and little or no maintenance is needed. "Moderately suited" indicates that the soil has features that are moderately favorable for the specified kind of roads. One or more soil properties are less than desirable, and fair performance can be expected. Some maintenance is needed. "Poorly suited" indicates that the soil has one or more properties that are unfavorable for the specified kind of roads. Overcoming the unfavorable properties requires special design, extra maintenance, and costly alteration. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the specified aspect of forestland management (1 .00) and the point at which the soil feature is not a limitation (0.00). 41 Custom Soil Resource Report Map—Suitability for Roads (Natural Surface) 378510 378540 378570 378500 378630 378660 378890 t e i f. n� i t i ll�l/IE I � f� i i P.. i 4 ry e 3]8510 3]8540 378570 378800 378630 378660 378690 < N Metem A 0 5 30 60 90 Feet 0 50 100 zaa 300 \{/ ° t m §! 0 + /E ; mE g I-- § � 0 co \\ ( ° )� � � ■ k } Ea, Z ! ` � k- = t ° ; E� CL -6 2 2 [ m 2 E mo [J{# znE \_ ; - §{ ! § �` # ; \ - g)ƒ | ƒ{± { k° - \\ \ fi{E (k � §ƒ ƒ ;f;[ \ al , ; /« G /k $ ' ! rB!! /k \ \ 0 � n z - o & \ - - ! \ ) ) ! t $ ! m / 2 « ! ! luafo0 ; ! ■ k � ƒ Og O j / ° H � / ! � \ I # ) - ■ Custom Soil Resource Report Tables—Suitability for Roads (Natural Surface) Suitability:for Roads (Natural Surface)— Summary by Map Unit— Kendall County, Illinois - Map unit symbol Map unit name Rating Component Rating reasons "Acres in A01 Percent ofA01 name (percent) (rating values) 149A Brenton silt loam, Moderately sufted Brenton (90%) Low strength 0.0 OA% 0 to 2 percent (0.50) slopes Wetness (0.50) 206A Thorp siltloam, O Poorly suited Thorp (95%) Forcing (1 .00) 0.1 1.7% to 2 percent slopes Wetness (1.00) Low strength (0.50) 3278 Fox silt loam, 2 to Moderately suited Fox (90%) Low strength 6.6 98.0% 4 percent (0.50) slopes Totals for Area of Interest (AOI) 6.71 100.0% Suitability for Roads (Natural Surface)— Summary by Rating Value Rating - Acres in A01 Percent of AOI _ Moderately suited 6.6 98.3% Poody suited 0.1 1.7% Rating Options—Suitability for Roads (Natural Surface) Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Recreational Development Recreational Development interpretations are tools designed to guide the user in identifying and evaluating the suitability of the soil for specific recreational uses. Example interpretations include camp areas, picnic areas, playgrounds, paths and trails, and off-road motorcycle trails. Playgrounds Playgrounds are areas used intensively for games, such as baseball and football, and similar activities. Playgrounds require soils that are nearly level, are free of stones, and can withstand intensive foot traffic. The ratings are based on the soil properties that affect the ease of developing playgrounds and that influence trafficability and the growth of vegetation after 44 Custom Soil Resource Report development. Slope and stoniness are the main concerns affecting the development of playgrounds. For good trafficability, the surface of the playgrounds should absorb rainfall readily, remain firm under heavy foot traffic, and not be dusty when dry. The soil properties that influence trafficability are texture of the surface layer, depth to a water table, ponding, flooding, saturated hydraulic conductivity (Ksat), and large stones. The soil properties that affect the growth of plants are depth to bedrock or a cemented pan, saturated hydraulic conductivity (Ksat), and toxic substances in the soil. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect the specified use. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 45 Custom Soil Resource Report Map—Playgrounds 37&510 370540 378570 378600 378630 379650 378690 MEW 2 jI py� 4F 4�rr. I r. Y" 0 F: i 378510 379500 378570 378600 378630 378660 379600 e N Meters A 0 15 30 60 90 Feet 0 50 100 200 300 ) 2 7 - ! (2 ; mE z 22 \ ) \ _ ) & ! = 2 : § /\\ ( \ \\ \ \/{\ LL !- ° `/ f � ! 7 02, ? ! !/! f« -\ p /0 IL &Z! » _$ ! _ [J{, )/ � $® k : =0 >e) 7 [! ! _- -: ! ) 2 !\ {$ {# .5, )/k §f ICU :{Et !!{r J« G !k ! ' e ! ! \\ CD \ \ 0 j ° ` ( §0 M / _ } ) ! § , , \ , - $ k ° fl2 � - { a ! ; » _ ■ § / g g g } { ° E ! / ! ) Custom Soil Resource Report Tables—Playgrounds Playgrounds— Summary by Map Unit— Kendall County,. Illinois Map unit symbol Map unit name Rating Component Rating reasons Acres in A01 Percent of A01 name (percent) (rating values) 149A Brenton silt loam, Somewhat limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (0.98) 206A Thorp silt loam, 0 Very limited Thorp (95%) Depth to 0.1 1 .7% to 2 percent saturated zone slopes (1 .00) Ponding (1.00) Slow water movement (0.96) 327B Fox silt loam, 2 to Somewhat limited Fox (90%) Slope (0.13) 6.6 98.0% 4 percent slopes Totals for Area of Interest (AOI) 6.71 100.0% Playgrounds— Summary by Rating Value Rating - Acres in AOI Percent of AOI Somewhat limited 6.6 98.3% Very limited - 0.1 1 .7% Rating Options—Playgrounds Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Waste Management Waste Management interpretations are tools designed to guide the user in evaluating soils for use of organic wastes and wastewater as productive resources. Example interpretations include land application of manure, food processing waste, and municipal sewage sludge, and disposal of wastewater by irrigation or overland flow process. Disposal of Wastewater by Rapid Infiltration Rapid infiltration of wastewater is a process in which wastewater applied in a level basin at a rate of 4 to 120 inches perweek percolates through the soil. The wastewater may eventually reach the ground water. The application rate commonly exceeds the 48 Custom Soil Resource Report rate needed for irrigation of cropland. Vegetation is not a necessary part of the treatment; thus, the basins may or may not be vegetated. The thickness of the soil material needed for proper treatment of the wastewater is more than 72 inches. As a result, geologic and hydrologic investigation is needed to ensure proper design and performance and to determine the risk of ground-water pollution. Soil properties are important considerations in areas where soils are used as sites for the treatment and disposal of organic waste and wastewater. Selection of soils with properties that favor waste management can help to prevent environmental damage. Municipal wastewater is the waste stream from a municipality. It contains domestic waste and may contain industrial waste. It may have received primary or secondary treatment. It is rarely untreated sewage. Food-processing wastewater results from the preparation of fruits, vegetables, milk, cheese, and meats for public consumption. In places it is high in content of sodium and chloride. The effluent in lagoons and storage ponds is from facilities used to treat or store food-processing wastewater or domestic or animal waste. Domestic and food-processing wastewater is very dilute, and the effluent from the facilities that treat or store it commonly is very low in content of carbonaceous and nitrogenous material; the content of nitrogen commonly ranges from 10 to 30 milligrams per liter. The wastewater from animal waste treatment lagoons or storage ponds, however, has much higher concentrations of these materials, mainly because the manure has not been diluted as much as the domestic waste. The content of nitrogen in this wastewater generally ranges from 50 to 2,000 milligrams per liter. When wastewater is applied, checks should be made to ensure that nitrogen, heavy metals, and salts are not added in excessive amounts. The ratings are based on the soil properties that affect the risk of pollution and the design, construction, and performance of the system. Depth to a water table, ponding, flooding, and depth to bedrock or a cemented pan affect the risk of pollution and the design and construction of the system. Slope, stones, and cobbles also affect design and construction. Saturated hydraulic conductivity (Ksat) and reaction affect performance. Permanently frozen soils are unsuitable for waste treatment. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect agricultural waste management. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 49 Custom Soil Resource Report Map—Disposal of Wastewater by Rapid Infiltration 37&510 378540 378570 376600 378530 378660 378690 AK e. {ki t d j. Of' I I k k� I 378510 378540 37660 378000 378630 378660 378690 a N iMeters A 0 15 30 60 g0 Feet 0 50 100 200 300 k{� ° E ` er » � § (0 Z \> /\ (\ 0 o $ ({ § E & ( � ® Z2 & ®).2 w �® {} ( Etr ° }i � ' � t k $ {#f z ` N {- _ ° , Em !#! a § ; !/ w \ \k /§j \- �� ` ° : § .. ®! ) [ \ _�) § f).2 }/ \m ) }\ - !( 0c ;# !% ° {) {0 /\ ! ( §tk §f 7 { O> 50 Gf: /� m o \ 00 // ) ) \ ) 0 LLI] { ? - CD _ / { !_ \ ! \ ! ( { ! { ! ] / { ; w \ \ 2i ) ) E ) ) # £ k : t, ■ k ) OOH { ( ° O ( 00 2 ! 2 ° : ; Custom Soil Resource Report Tables—Disposal of Wastewater by Rapid Infiltration Disposal of Wastewater by Rapid Infiltration— Summary by Map Unit— Kendall County,,Illinois Map unit symbol Map unit name Rating Component Rating reasons - Acres in AOI Percent of A01` name (percent) (rating values) '. 149A Brenton silt loam, Very limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (1.00) Slow water movement (1 .00) 206A Thorp silt loam, 0 Very limited Thorp (95%) Slowwater 0.1 1 .7% to 2 percent movement slopes (1.00) Depth to saturated zone (1 .00) Ponding (1.00) 3278 Fox silt loam, 2 to Very limited Fox (90%) Slow water 6.6 98.0% 4 percent movement slopes (1 .00) Totals for Area of Interest (AOI) I 6.71 100.0% Disposal of Wastewater by Rapid Infiltration— Summary by Rating Value Rating Acres In I Percent of AOI Very limited 6.7 100.0% Rating Options—Disposal of Wastewater by Rapid Infiltration Aggregation Method: Dominant Condition Component Percent Cutoff* None Specified Tie-break Rule: Higher Slow Rate Treatment of Wastewater Slow rate treatment of wastewater is a process in which wastewater is applied to land at a rate normally between 0.5 inch and 4.0 inches per week. The application rate commonly exceeds the rate needed for irrigation of cropland. The applied wastewater is treated as it moves through the soil. Much of the treated water may percolate to the ground water, and some enters the atmosphere through evapotranspiration. The applied water generally is not allowed to run off the surface. Waterlogging is prevented either through control of the application rate or through the use of the drains, or both. Soil properties are important considerations in areas where soils are used as sites for the treatment and disposal of organic waste and wastewater. Selection of soils with properties that favor waste management can help to prevent environmental damage. 62 Custom Soil Resource Report Municipal wastewater is the waste stream from a municipality. It contains domestic waste and may contain industrial waste. It may have received primary or secondary treatment. It is rarely untreated sewage. Food-processing wastewater results from the preparation of fruits, vegetables, milk, cheese, and meats for public consumption. In places it is high in content of sodium and chloride. The effluent in lagoons and storage ponds is from facilities used to treat or store food-processing wastewater or domestic or animal waste. Domestic and food-processing wastewater is very dilute, and the effluent from the facilities that treat or store it commonly is very low in content of carbonaceous and nitrogenous material; the content of nitrogen commonly ranges from 10 to 30 milligrams per liter. The wastewater from animal waste treatment lagoons or storage ponds, however, has much higher concentrations of these materials, mainly because the manure has not been diluted as much as the domestic waste. The content of nitrogen in this wastewater generally ranges from 50 to 2,000 milligrams per liter. When wastewater is applied, checks should be made to ensure that nitrogen, heavy metals, and salts are not added in excessive amounts. The ratings are based on the soil properties that affect absorption, plant growth, microbial activity, erodibility, and the application of waste. The properties that affect absorption include the sodium adsorption ratio, depth to a water table, ponding, available water capacity, saturated hydraulic conductivity (Ksat), depth to bedrock or a cemented pan, reaction, the cation-exchange capacity, and slope. Reaction, the sodium adsorption ratio, salinity, and bulk density affect plant growth and microbial activity. The wind erodibility group, soil erosion factor K, and slope are considered in estimating the likelihood of wind erosion or water erosion. Stones, cobbles, a water table, ponding, and flooding can hinder the application of waste. Permanently frozen soils are unsuitable for waste treatment. The ratings are both verbal and numerical. Rating class terms indicate the extent to which the soils are limited by all of the soil features that affect agricultural waste management. "Not limited" indicates that the soil has features that are very favorable for the specified use. Good performance and very low maintenance can be expected. "Somewhat limited" indicates that the soil has features that are moderately favorable for the specified use. The limitations can be overcome or minimized by special planning, design, or installation. Fair performance and moderate maintenance can be expected. "Very limited" indicates that the soil has one or more features that are unfavorable for the specified use. The limitations generally cannot be overcome without major soil reclamation, special design, or expensive installation procedures. Poor performance and high maintenance can be expected. Numerical ratings indicate the severity of individual limitations. The ratings are shown as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00) and the point at which the soil feature is not a limitation (0.00). 53 Custom Soil Resource Report Map—Slow Rate Treatment of Wastewater 378510 378540 376,570 378600 378630 378860 378690 +� J �K I 1 °n 1i v 376510 378540 378570 378600 378630 378660 378690 v N Meters A 0 15 30 60 90 Feet 0 50 100 200 300 G- ¢ > a N O O O m E— w p ° d 2 a v o E dh v v a c m y � r -tiv Z mm � c v m "O mE � > aE E Zi, U m p V y N fr N O L J Y. N W d� .Z•F - O mQt J¢ O m a p.> LL 4-6 - .0� N E o C),° o E TVa m y T yam= NLF a'° PL/1 � ONm IL me V y vv o.« E Q E 0 T¢ >.� va— c c� E v w m d w y n 2 i5 y v v E o a J N` y ¢av oc o� N �� cE EU)=o nm v oQV m¢ rnm Jvo m > — Z vEmE OS `° E wo £ mwO o `o `o CL � o UC E N N F O U E O � U v c N a m m N J 0 OQ a m c m Z W 0 —c z � � J m - Z E IL o ,a°� m m ¢ N > m Z Z m = U > j O ti O_ x W J O CQ S N m rp 6 m n ❑ ❑ ❑ C' El w ° a y} A K Custom Soil Resource Report Tables—Slow Rate Treatment of Wastewater Slow Rate Treatment of Wastewater— Summary by Map Unit — Kendall County, Illinois - Map unit symbol Map unitname Rating Component Rating reasons Acres in A01 Percent of AON name (percent) (rating values) 149A Brenton silt loam, Very limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (1.00) 206A Thorp silt loam, 0 Very limited Thorp (95%) Depth to 0.1 1 .7% to 2 percent saturated zone slopes (1 .00) Ponding (1 .00) Slow water movement (0.96) 3278 Fox silt loam, 2 to Very limited Fox (90%) Filtering capacity 6.6 98.0% 4 percent (1 .00) slopes Totals for Area of Interest (AOI) 6.71 100.0% Slow Rate Treatment of Wastewater— Summary by Rating Value Rating Acres in AOI Percent of AOI Very limited 6.7 100.0% Rating Optlons—Slow Rate Treatment of Wastewater Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Water Management Water Management interpretations are tools for evaluating the potential of the soil in the application of various water management practices. Example interpretations include pond reservoir area, embankments, dikes, levees, and excavated ponds. Tile Drains and Underground Outlets (TX) Soil interpretations for tile drains and underground outlets (TX) evaluate a soil's limitation(s) for systems that involve the removal of ground water from a site. The ratings are for soils in their natural condition and do not consider present land use. Subsurface drains and outlets are engineered to remove subsurface water from afield and increase the soil-rooting zone. This interpretation is designed for use as a tool to 56 Custom Soil Resource Report evaluating and identifying a soil's limitations for the installation of subsurface drains and outlets. Drainage is the process of removing excess surface and subsurface water from agricultural land. How easily and effectively a soil is drained depends on the depth to the water table, ponding, saturated hydraulic conductivity (Ksat), depth to bedrock or cemented pan, flooding, subsidence of organic layers, potential frost action, and slope. The productivity of the soil after drainage depends on the presence of toxic substances in the root zone such as salts, sodium, sulfur, or on extreme acidity. The properties and qualities that affect grading, excavation, and stabilization of trench sides or ditch banks are depth to bedrock or cemented pan, large stones, slope, and stability against caving. Numerical ratings or values indicate the relative severity or degree of limitation for individual soil restrictive (limiting) features. Ratings are shown for limiting soil features as decimal fractions ranging from 0.01 to 1 .00. They indicate gradations between the point at which a soil feature has the greatest negative impact on the use (1 .00), and the point at which the soil feature is not a limitation (0.00). Non-limiting soil features with a numerical rating of zero are not listed. Rating class terms indicate the extent to which the soils are limited by the soil features that affect the soil interpretation. Verbal soil rating classes are based on the highest numerical rating for the most limiting soil feature(s) considered in the rating process. The "not limited" class (numerical value for the most restrictive feature = 0) indicates that the soil has no limiting features for the specified use. The "somewhat limited" class (numerical value for the most restrictive feature .01 to .99) indicates that the soil has limiting features for the specified use that can be overcome with proper planning, design, installation, and management. The effort required to overcome a soil limitation increases as the numerical rating increases. The "very limited" class (numerical value for the most restrictive feature = 1 .00) indicates that the soil has one or more very limiting features that can only be overcome with special planning, major soil modification, special design, or significant management practices. Lesser soil restrictive features have a lower numerical value than the maximum used to rate the soil, and they are identified to provide the user with additional information about soil limitations for the specific use. Lesser soil restrictive features also need to be considered in planning, design, installation, and management. 57 Custom Soil Resource Report Map—Tile Drains and Underground Outlets (TX) 378510 378540 378570 378600 378630 378660 378680 N 4 c is f a r �L 0 P e 378510 378540 37&570 378600 378630 378660 378690 v A 0 15 30 60 90 ete s Feel 0 50 100 200 300 $� ` E ` er _ h ! $ 16 _ § }) z �( � \/ $ (;t « /! r $_ }\ ) \/ g r !$7! ) �� 0 � �! \ �\§{ a \- {f, {{ [k} a )§ { 07 E _ $ m ( ƒ{\ {\ \� 0 `- \ 2 �k ` o0 )) !\ w 0 /\» [ //{ � /f { - � a >f f !r 3 /_ 0 0 ƒ ) { \ E ) ) \ 0 !_ _ § k )/ { H $| )} \ / ! ) \ \//\ \ ° \ : , = 0 :\ ; 0\ O O ! _ 0 ! Custom Soil Resource Report Tables—Tile Drains and Underground Outlets (TX) Tile Drains and Underground Outlets (TX)—Summary by Map Unit — Kendall County, Illinois Map unit symbol Map unit name - Rating Component Rating reasons Acres in AOI Percent of AOl` name (percent) (rating values). 149A Brenton silt loam, Very limited Brenton (90%) Depth to 0.0 0.4% 0 to 2 percent saturated zone slopes (1.00) Expect caving (1.00) 206A Thorp silt loam, 0 Very limited Thorp (95%) Ponding (1 .00) 0.1 1 .7% to 2 percent slopes Depth to saturated zone (1 .00) Expect caving (1 .00) 3278 Fox silt loam, 2 to Very limited Fox (90%) Expect caving 6.6 98.0% 4 percent (1.00) slopes Totals for Area of Interest (A01) ( 6.71 100.0% Tile Drains and Underground Outlets(TX}- Summary by Rating Value -. Rating Acres in A01 Percent of AOI Very limited 6.7 100.0% Rating Options—Tile Drains and Underground Outlets (TX) Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher 60 References American Association of State Highway and Transportation Officials(AASHTO).2004. Standard specifications for transportation materials and methods of sampling and testing. 24th edition. American Society for Testing and Materials(ASTM). 2005. Standard classification of soils for engineering purposes. ASTM Standard D2487-00. Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deep-water habitats of the United States. U.S. Fish and Wildlife Service FWS/OBS-79/31. Federal Register. July 13, 1994. Changes in hydric soils of the United States. Federal Register. September 18, 2002. Hydric soils of the United States. Hurt, G.W.,and L.M.Vasilas,editors.Version 6.0,2006. Field indicators of hydric soils in the United States. National Research Council. 1995. Wetlands: Characteristics and boundaries. Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service. U.S. Department of Agriculture Handbook 18. Soil Survey Staff. 1999.Soil taxonomy:A basic system of soil classification for making and interpreting soil surveys. 2nd edition. Natural Resources Conservation Service, U.S. Department of Agriculture Handbook 436. Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of Agriculture, Natural Resources Conservation Service. Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and Delaware Department of Natural Resources and Environmental Control, Wetlands Section. United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of Engineers wetlands delineation manual. Waterways Experiment Station Technical Report Y-87-1. United States Department of Agriculture, Natural Resources Conservation Service. National forestry manual. United States Department of Agriculture, Natural Resources Conservation Service. National range and pasture handbook. United States Department of Agriculture, Natural Resources Conservation Service. National soil survey handbook, title 430 4I. United States Department of Agriculture, Natural Resources Conservation Service. 2006. Land resource regions and major land resource areas of the United States, the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook 296. 61 Custom Soil Resource Report United States Department of Agriculture, Soil Conservation Service. 1961 . Land capability classification. U.S. Department of Agriculture Handbook 210. 62 Water Use fig 88°35' 88 030' 88°25' 88°20' 8815' EXPLANATION _ KANECO.— � _ — — — — —,— -- — 4—� — — j" Montgomery I RATINGS OF THE CAPACITIES OF EARTH Little Rock _I K . . 1 � - w MATERIALS TO ACCEPT,TRANSMIT, wee i I RESTRICT,OR REMOVE CONTAMINANTS FROM WASTE EFFLUENTS DESCRIPTION OF GEOLOGIC MATERIALS Oman I Feet M , 20 Permeable bedrock at or within 20 feet of land surface,variable overlying materials. w" 41°40' I 50 wl \ I 20 Thick,Permeable sand and gravel within 20 feet of land surface Yorkville 20 Permeable bedrock generally within 20 feet of land surface;overlying materials variahla but mostly till J Z 50 Millhurst ./g ° Alluvium,a mixture of gravel,sand,silt,and clay along streams,variable in composition and thickness ]brook bte z �� °Ligri z \N 1 O _q�t4 a I 20 ;`°1��`�;` Sand and gravel less than 20 feet thick over relatively impermeable till or bedrock Ddb/e Cl��' ti� I Z u 50 L- a gtonr r / t Lt t I Z yg Sand and gravel,within 20 feet of surface,overlain and underlain by relatively impermeable till, �Ees I other fine-grained material,and/or bedrock 50 W Newark �"^� / I d �;�_yhx, Formable bedrock within 20 to 50 feet of surface,overlain bytill or other fine-grained material ¢ 50 20 �; Sand and gravel within 20 to 50 feet of surface,overlain and underlain by relatively impermeable till, Ll1 Z I r other fine-grained material,and/orbedrock W 50 .: 41°30' Q .�,, a 20 ivt . a r i t -Fine-grained materials with discontinuous sand and gravel locally present within 50 feet of land surface e Central — — I 20 Uniform,relatively impermeable silty or clayey till at least 50 feet thick;no evidence of interbedded sand and gravel - – - - - 50 — — — — — — GRUNDY CO. Minooka• 20 _?`_% Relatively impermeable bedrock within 20 feet of surface,mostly overlain by till or other fine-grained materials Base from U.S.- ea Came P Survey,1:100,000-scale digital data 0 3 6 MILE!Equal-Area Conic Projection I 50 Standard parallels 450 and 330,central meridian-89°. I 0 3 6 KILOMETERS Figure 32. Susceptibility of shallow aquifers to contamination from land burial of municipal wastes in Kendall County, Illinois(modified from Berg and others,1984). UNITED STATES ENVIRONMENTAL PROTECTION AGENCY a WASHINGTON , D.C. 20460 yfi o= Mail Code 5401P Mr�f PROS 3, 2008 OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE MEMORANDUM SUBJECT: FY 2008 Mid-Year Activity Report FROM: Cliff Rothenstein, Director QLV1PAe,�L, 4zc� Office of Underground Storage Tanks TO: UST/LUST Regional Division Directors, Regions 1-10 This memo provides you with the FY 2008 Mid-Year Activity Report (see attached) for the Underground Storage Tanks program. I want to thank you and your staff for providing the information to OUST and conducting a quality assurance/quality control review of the numbers reported. As you know, for FY 2008, our GPRA goals include: (1) completing 13,000 cleanups; (2) completing 30 cleanups in Indian Country; (3) increasing our significant operational compliance rate to 68 percent; and (4) decreasing newly reported confirmed releases to fewer than 10,000. For mid year FY 2008, we: • Completed 5,934 cleanups, including 19 in Indian Country; • Achieved 65 percent significant operational compliance; and • Confirmed 3,294 new releases. With respect to the end-of-year reporting, as stated in the FY 2008 National Program Guidance, hqp•//www e a ove /ocfopaage/npmguidance/oswer/2008/final npmguidance pdf, we need your states' ESTIMATES of the FY 2008 End-of-Year LUST cleanups completed results by September 15, 2008. As you are aware, the LUST cleanups completed results are an element of the organizational assessment for the national LUST program and we must report the organizational assessment result no later than September 30, 2008. The Regions must submit their FINAL FY 2008 End-of-Year results on all measures to us no later than October 15, 2008 so that we are able to provide these results to the Deputy Administrator in a timely fashion. Please work closely with your states so that we are able to meet this Agency deadline. Further details will be forthcoming in my July FY 2008 End-of-Year Request Memorandum for Semi-Annual Reporting Results. Attachments January 18, 2008 UST And LUST Performance Measures Definitions EPA collects data from state underground storage tank (UST) and leaking UST programs based on the performance measures listed below. UST Performance Measures UST-1. Total Number Of Petroleum UST Systems (Last Updated: August 4, 1996): The number of active Subtitle I regulated petroleum UST systems registered with the State added to the cumulative number of closed petroleum UST systems. This measure does not include exempt or deferred UST systems. Clarification: The UST Program will stop collecting the total number of existing registered petroleum UST Systems because this number can be derived easily by subtracting the total number of closed petroleum UST systems from the total number ofpetroleum UST systems. UST-2. Number Of Closed Petroleum UST Systems (Last Updated: August 4, 1996): The cumulative number of Subtitle I regulated petroleum UST systems that have been reported to the state as being closed permanently (according to the closure provisions in 40 CFR Part 280, Subpart G) which are either left in the ground (in-situ closures) or removed from the ground. This measure includes sites where UST systems have been replaced. This measure does not include exempt or deferred UST systems. Do not report temporary closures. If petroleum contamination is found during closure, the site is counted under both the "Closed Petroleum UST Systems" and "Confirmed Releases" categories. UST-3. Total Number Of Hazardous Substance UST Systems (Last Updated: August 4, 1996): The cumulative number of active and closed (according to the closure provisions in 40 CFR Part 280, Subpart G) combined Subtitle I regulated hazardous substance UST systems. UST-4. Percentage of UST Facilities in Significant Operational Compliance with the UST Spill, Overfill, and Corrosion Protection Regulations (the "1998" Regulations) (Last Updated: March 26, 2003): The percentage of underground storage tank (UST) facilities deemed to be in significant operational compliance with the UST spill, overfill, and corrosion protection requirements. Clarification: This is a percentage (rather than a number) based on the initial inspections at facilities during the respective reporting period. This measure applies to the spill, overfill, and corrosion protection requirements that were phased in through 1212211998. Reports should reflect the "operational" instead of "equipped" compliance, is reported on a facility basis rather than per tank; is based on inspections conducted within the past 12 months; and is based on an initial (instead offollow-up) inspection at a facility. Significant operational compliance generally means that the UST systems at a facility have the proper equipment/procedures in place, and are being properly operated and maintained in order to detect a release. UST-5. Percentage of UST Facilities in Significant Operational Compliance with the UST Leak Detection Regulations (Last Updated: March 26, 2003): The percentage of underground Page 1 of 4 January 18, 2008 storage tank (UST) facilities deemed to be in significant operational compliance with the UST leak detection requirements. Clarification: This is a percentage (rather than a number) based on the initial inspections at facilities during the respective reporting period. This measure applies to the leak detection requirements that were phased in through 1993. Reports should reflect the "operational" instead of "equipped" compliance; is reported on a facility basis rather than per tank,- is based on inspections conducted within the past 12 months, and is based on an initial (instead offollow- up) inspection at a facility. Sign.ft ant operational compliance generally means that the UST systems at a facility have the proper equipment/procedures in place, and are being property operated and maintained in order to detect a release. UST-6. Percentage of UST Facilities in Significant Operational Compliance with the UST Leak Detection And Prevention (spill, overfill, and corrosion) Regulation (Last Updated: September 30, 2003): The percentage of underground storage tank (UST) facilities deemed to be in significant operational compliance with both the UST spill, overfill, and corrosion protection requirements (UST-4 performance measure) and the UST leak detection requirements (UST-5 performance measure). New UST Performance Measures — Energy Policy Act UST-7. Number of On-Site Inspections Conducted (Added: January 18, 2008): This is the number of on-site compliance inspections conducted at federally regulated underground storage tank facilities during the reporting period. Each inspection must be for purposes of determining compliance with Subtitle I and 40 CFR Part 280 or the requirements of a state program approved under section 9004 of Subtitle I. At a minimum, each inspection must assess compliance with the core areas outlined in EPA's Inspection Grant Guidelines. An on-site inspection includes a review of all applicable records. However, the records review may be conducted off site. Clarification: States should report inspections conducted by the state underground storage tank (UST) agency; other state agency, local agency, or contractor duly designated by the state to conduct UST inspections, or private inspectors as pan of a third party inspection program that meets the requirements in EPA 's Inspection Grant Guidelines. Regions should report inspections conducted by the region, contractors, or credentialed inspectors. Follow-up visits related to the initial on-site compliance inspection should not be counted as an additional compliance inspection; installation or closure inspections that do not assess compliance according to the Inspection Grant Guidelines should not be counted An inspection is considered to take place on the date of the on-site inspection, even if it takes additional time after the on-site inspection to request and review records. Only report the number of inspections conducted during the reportingperiod. A reportingperiod is determined by each EPA regional office but is generally 3 or 6 months. A state that submits these data has met the reporting requirements contained in the Inspection Grant Guidelines. UST-8. Number of USTs (or UST Facilities) Identified as Being Ineligible For Delivery, Deposit, or Acceptance of Product (Added: January 18, 2008): This is the number of USTs or UST facilities identified as ineligible for the delivery, deposit, or acceptance of product during the reporting period. An UST or.UST facility is considered ineligible to receive product when Page 2 of 4 January 18, 2008 the delivery, deposit, or acceptance of product has been prohibited to that UST or facility (e.g. the tank or facility has been red-tagged or had its green tag removed). When delivery is prohibited on a tank-by-tank basis, report the number of tanks that were prohibited from receiving deliveries; when delivery is prohibited on a facility-wide basis, report the number of facilities that were prohibited from receiving deliveries. As part of the reporting, indicate whether deliveries are prohibited tank-by-tank, facility-wide, or a combination of the two. Clarification: Data reported should only include the number of USTs or UST facilities identified as being ineligible for delivery, deposit, or acceptance ofproduct during the reporting period. If a tank/facility is identified as being ineligible in one reporting period and remains ineligible into another reporting period, only report the tank/facility in the reporting period in which it is originally determined ineligible. If a tank or facility is identified as being ineligible for delivery, deposit, or acceptance of product more than once in a reporting period report each occurrence as an ineligibility determination. A reporting period is determined by each EPA regional office but is generally 3 or 6 months. A state that submits these data has met the reporting requirements contained in the Delivery Prohibition Grant Guidelines. LUST Performance Measures LUST-1. Number Of Confirmed Releases (Last Updated: March 26, 2003): The cumulative number of incidents (not UST systems) where the owner/operator has identified a release from a Subtitle I regulated petroleum UST system, reported the release to the state/local or other designated implementing agency and the state/local implementing agency has verified the release according to state procedures such as a site visit (including state contractors), phone call, follow- up letter, or other reasonable mechanism that confirmed the release. Clarification: "Confirmed Releases " is a cumulative category even as a cleanup is initiated and is completed, it is still counted in the "Confirmed Releases " category. For a site undergoing closure activities, a confirmed release is counted only ifpetroleum contamination is discovered and verified. In that case, the release is counted under both the "Confirmed Releases " and "Closed Petroleum UST Systems " categories. A release which requires no f srther action as determined by the implementing agency would still be counted as a confirmed release. Example: A confirmed release is identified by the incident, not by the receptor(s). For example, ten contaminated residential wells would be considered one release if the contamination was caused by a leaking tank at a single gasoline station. This accounting would be true even if it were discovered that more than one tank at that station was leaking. If tanks at three gasoline stations were found to be leaking, however, then three confirmed releases would be recorded, regardless of the number of receptors. Additionally, the initiation of a new cleanup response indicates a separate confirmed release. The discovery of a leaking tank at the gasoline station, for example, two years after completion of the original cleanup would be classified as a new confirmed release. LUST-2. Number Of Cleanups Initiated (Last Updated: March 26, 2003): The cumulative number of confirmed releases at which the state or responsible party (under supervision as designated by the state) has evaluated the site and initiated 1) management of petroleum- contaminated soil, 2) removal of free product (from the surface or subsurface environment), 3) Page 3 of 4 January 18, 2008 management or treatment of dissolved petroleum contamination, 4) monitoring of the groundwater or soil being remediated by natural attenuation or 5) the state has determined that no further actions are currently necessary to protect human health and the environment. [Subset of Measure 1] Clarification: "Cleanups Initiated" is a cumulative category-sites should never be deleted from this category. Even as a cleanup progresses and is completed, it is still counted in the cleanups initiated category. "Cleanups Initiated" indicates that physical activity (e.g., pumping, soil removal, recovery well installation) has begun at the site, unless a state has evaluated the site and has determined that no physical activity is currently necessary to protect human health and the environment. Site investigations and emergency responses DO NOT quay as a cleanup initiated unless one of the five actions listed in the definition has occurred. Sites being remediated by natural attenuation can be counted in this category when site characterizations, monitoring plans, and site-speck cleanup goals are established for these sites. It is no longer necessary to report separately those cleanups initiated that are state-lead sites using state money and those that are responsible party lead sites. It is, however, still necessary to report the number of cleanups initiated that are state lead with Trust Fund money. LUST-3. Number Of Cleanups Completed (Last Updated: March 26, 2003): The cumulative number of confirmed releases where cleanup has been initiated and where the state has determined that no further actions are currently necessary to protect human health and the environment. This number includes sites where post-closure monitoring as long as site-specific (e.g., risk-based) cleanup goals have been met. Site characterization, monitoring plans, and site- specific cleanup goals must be established and cleanup goals must be attained for sites being remediated by natural attenuation to be counted in this category. [Subset of Measure 2] Clarification: "Cleanups Completed" is a cumulative category-sites should never be deleted from this category. It is no longer necessary to report separately cleanups completed that are state lead with state money and cleanups completed that are responsible party lead. It is, however, still necessary to report the number of cleanups completed that are state lead with Trust Fund money. A "no further action " determination made by the state that satisfies the "cleanups initiated" measure above, also satisfies this "cleanups completed" measure. This determination will allow a confirmed release that does not require further action to meet the definition of both an initiated and completed cleanup. LUST4. Number Of Emergency Responses (Last Updated: March 26, 2003): The cumulative number of sites where the implementing agency takes immediate action to mL(e.g.,gate imminent threats to human health and the environment posed by an UST system release venting of explosive vapors, providing bottled water). Clarification: "Emergency Responses " is a cumulative category - sites should never be deleted from this category. 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W a V V O U U m U U c F � � c aa m m c c a b N [`� - M D\ V N M ? O •3 U C G aa ti � Q9 F c $ dE N o a zz SEC � F � l61 6 w Cd7 z 4 L V Y"- R d m W i �O �O b v V N N N w v > ' � q c _ r y d 50 � V L EL m 6 p V h M h O Yl oo N M O ti M O T V p i.i h N m N N 0`DD 0 W v 0 o z mm ° F a LW LW vi y = _ O Y r h W T vii N O O. N m M W ti M b W ? y C v� M C N m a c m a m ti E O m a ° r v � "r L V M=: m mfr 2P sm I N p 'a v � '�•:' r M N � : N d' M en o U M al cl m w � m M Y O Yn r.+ Q yam ` C Q: d � d '� r h N yhj N � b � m •� m N v o omm �jd � e W " b N M vQi T Q• a � .M+ t „mm„ m I' - W N Vl N r iG p C N m W 9 b i a m m = mm� m m m v E � � m V w u c � m 49 m Ems F O 0 N c E � 8 O a N yo ks�= F J P. •�: O O N � h U l� � N � itl � b m iC N N O m n Q v � 3 a A d � V = ® rO N E N V N A h L m Y T d ml c m Z N m M C y N 6 d mOc m• N m w w n m W o � � v p y m a v F M � �n oo rn w N N v F v`ni a y a�r m Sum+-✓E' U � m c mam n a Q ym F E > a rn ='• �a 2 € gv L U UST Compliance Measures for Mid-Year FY 2008 (as of 3131/08) % in % in % of UST %in % in % of UST Significant Significant Facilities in Significant Significant Facilities in Operational Operational SOC w/UST Operational Operational SOC w/UST Region/ Compliance Compliance Release Region/ Compliance Compliance Release State with Release with Release Detection and State with Release with Release Detection and Prevention Detection Release Prevention Detection Release Regulations Regulations Prevention Requirements Regulations Prevention E 98% 61 % 61 % AL 90% 86% 80% 84% 60% 53% ENC 88% 87% 85% 68% 57% 36% 86% 84% 78% 63% 65% 48% 57% 61 % 40% *Rl 90% 75% 68% 80% 88% 74% *VT 73% 74% 66% 70% 70% 62% SUBTOTAL 80% 62% 51 % SC 83% 82% 73% TN 84% 86% 77% 5 Era �ri^':h� ';'SU i n +x a i?,. '� ,,� �'° ',,'. SUBTOTAL 81 % 81 % 73% NJ 45% 51 % 39% � - NY 75% 69% 58% PR 89% 87% 83% IN 74% 85% 74% Vi **DNA **DNA **DNA MI 75% 43% 37% SUBTOTAL 66% 65% 54% MN 57% 64% 50% OH 82% 75% 72%N 4VI* 83 /0 o 81 /0 70 /°0 0 DE 78% 78% 68% SUBTOTAL 72% 66% 57% DC 81% 85% 71 /o 3f 'YZ ' ° ° ° } " v YrY"z•r m �3X`9 ,a3rd[ u' �r'St IN.7' SA � ' +a.�.: MD 64% 63% 54% AR 59% 68% 49% PA 87% 79% 70% LA 82% 72% 64% VA 73% 65% 56% NM 86% 85% 80% WV 81 % 68% 59% OK 85% 88% 78% SUBTOTAL 78% 71 % 62% TX 83% 83% 77% SUBTOTAL 80% 81 % 73% These compliance rates indicate the percentage of recently-inspected facilities found to be is significant operational compliance (SOC) with federal UST requirements from 4/1/07 through 3/31/08. In accordance with EPA guidelines, states are allowed to report based on requirements more stringent than the federal SOC requirements. Connecticut, Illinois, Rhode Island, Vermont, and Wisconsin indicated they had done so, as described in the addendum on the next page. Furthermore, states have different approaches to targeting inspections. For example, some states focus inspections on suspected non-compliant facilities, while other states conduct random inspections. * States reporting based on requirements more stringent that the federal SOC requirements. ** DNA = Data Not Available N/A =Not Applicable UST Compliance Measures for Mid-Year FY 2008 (as of 3/31/08) % in °fain % of UST % in % in % of UST Significant significant Facilities in Significant Significant Facilities in Operational Operational SOCw/UST Operational Operational SOCw/UST Region/ Compliance Compliance Release Region/ Compliance Compliance Release State with Release with Release Detection and State with Release with Release Detection and Prevention Detection Release Prevention Detection Release Regulations Regulations Prevention Requirements Regulations Prevention $ ;, .�€ .. . ih.. . '� 4 opi IA 89% 53% 48% AK 64% 68% 52% KS 76% 89% 67% ID 75% 60% 52% MO **DNA **DNA **DNA OR 87% 83% 77% NE 64% 46% 39% WA 73% 57% 50% SUBTOTAL 76% 62% 52% SUBTOTAL 77% 66% 58% r CO 90% 85% 76% **DNA **DNA **DNA MT 92% 90% 83% **DNA **DNA **DNA ND 81 % 85% 72% **NIA **N/A **NIA SO 83% 69% 63% 81 % 29% 19% UT 80% 76% 66% 54% 40% 27% WY 89% 93% 83% 76% 71 % 61 % SUBTOTAL 87% 83% 74% REGION 7 **DNA **DNA **DNA REGION 8 87% 82% 73%IL _"`ei a"� 'ev<„;:. REGION 9 59% 56% 39% AS **DNA **DNA **DNA REGIONIO 77% 51 % 44% AZ 84% 81% 79% SUBTOTAL 70% 59% 47% CA 68% 72% 67% VAN to- "a gyr x fFfi 1 s ,l' e'� n r•' GU **DNA **DNA **DNA €t:.• c �� s � .. t€O iii' HI 98% 92% 90% National Total 77% 73% 65% CNMI **DNA **DNA **DNA NV 92% 87% 82% SUBTOTAL 73% 75% 71 % xxxxxxxxxxsxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx*xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx These compliance rates indicate the percentage of recently-inspected facilities found to be in significant operational compliance (SOC) with federal UST requirements from 4/1/07 through 3/31/08. In accordance with EPA guidelines, states are allowed to report based on requirements more stringent than the federal SOC requirements. Connecticut, Illinois, Rhode Island, Vermont, and Wisconsin indicated they had done so, as described in the addendum on the next page. Furthermore, states have different approaches to targeting inspections. For example, some states focus inspections on suspected non-compliant facilities, while other states conduct random inspections. * States reporting based on requirements more stringent that the federal SOC requirements. ** DNA = Data Not Available N/A =Not Applicable States With Requirements More Stringent Than The Federal Significant Operational Compliance Requirements CONNECTICUT Release Prevention: Operation and Maintenance of Cathodic Protection • Lining not allowed. Release Detection: Testing • Tanks and piping require weekly and monthly monitoring for releases and records must be available (for 2 of the most recent consecutive months and for 8 of the last 12 months). • Statistical Inventory Reconciliation (SIR) not allowed as a stand-alone method. ILLINOIS Release Detection: Testing • Owner/operator must produce records within 30 minutes of arrival of inspector. RHODE ISLAND Release Prevention: Operation and Maintenance • All tanks and piping are required to be tightness tested after a repair. No exemptions. Release Prevention: Operation and Maintenance of Cathodic Protection • Impressed current cathodic protection systems are required to be tested every 2 years. • Sacrificial anode systems are required to be tested every 3 years. Release Detection: Testing • Records required for the past 36 months. • Inventory control is required for all tanks (single-walled and double-walled). • The automatic tank gauge (ATG) has to be checked monthly and have an annual test conducted. • Tightness testing schedule is different than the federal requirement; it depends on the type of tank. • Tank tightness must be performed on all single walled tanks. • Tightness tests must be performed every 5 years after the installation of the ATG until the tank has been installed for 20 years and every 2 years thereafter. o UST systems upgraded with interior lining and/or cathodic protections are not required to have an ATG for 10 years after the upgrade. Tank tightness testing must be conducted annually during these 10 years. After 10 years, an ATG is required and tank tightness testing must be performed every 5 yews until the tank has been installed for 20 years and then every 2 years thereafter. The results of all tightness tests shall be maintained for 3 years beyond the life of the facility. • Groundwater or vapor monitoring not accepted as a method of leak detection. • SIR not accepted. VERMONT Release Prevention: Operation and Maintenance of Cathodic Protection • Lining not allowed unless with impressed current. Release Detection- Method Presence and Performance Requirements • Weekly monitoring required for tank and piping. Records must be available for the two most recent consecutive months and for 8 of the last 12 months. Release Detection: Testing • Inventory control /Tank Tightness Testing (TTT) not allowed as a release detection method after 6/30/98. • Manual Tank Gauge (MTG) allowed alone up to 550 gallons; 551-1,000 gallons, MTG with annual TIT. WISCONSIN Release Prevention: Operation and Maintenance of Cathodic Protection • Require annual cathodic protection test. Release Prevention: Spill Prevention • Require USTs to be equipped with overfill prevention equipment that will operate as follows (NFPA 30-2.6. 1 .4 — 2000 and 2003 version): • Automatically shut off the flow of liquid into the tank when the tank is no more than 95% full; • Alert the transfer operator when the tank is no more than 90% full by restricting the flow of liquid into the tank or triggering the high-level alarm; and, • Other methods approved by the authority having jurisdiction. Release Detection: Testing • Require NFPA 30A09.2.1 (2000 and 2003 versions). Accurate daily inventory records shall be maintained and reconciled for all liquid fuel storage tanks for indication of possible leakage from tanks or piping. The records shall be kept on the premises or shall be made available to the authority having jurisdiction for the inspection within 24 hours of a written or verbal request. The records shall include, as a minimum and by product, daily reconciliation between sales, use, receipts, and inventory on hand. If these is more than one storage system serving an individual pump or dispensing device for any product, the reconciliation shall be maintained separately for each system. Release Detection: Deferment • No exclusion or deferment for "remote" emergency generator tanks. Other • Require annual permit to operate that includes verification of financial responsibility. Inspection/Enforcement Actions for Mid-Year FY 2008 (as of 3/31/08) Number of USTs (or Number of USTs (or UST Facilities) UST Facilities) Identified as Being Identified as Being Region/ Number of Ineligible for Region/ Number of Ineligible for State On-Site Delivery or State On-Site Delivery or Inspections Acceptance of Inspections Acceptance of Conducted Product pp Conducted Product ry` ^.} CT 527 5 AL 1327 0 ME 347 1 FL 6811 0 MA 236 0 GA 1538 650 NH 164 0 KY 790 0 RI 73 0 MS 505 0 VT 104 0 NC 1347 33 SUBTOTAL 1451 6 SC 2032 29 TN 1189 125 3 ;_ SUBTOTAL 15539 837 N7 883 45 NY 2799 0 PR 92 0 IN 553 0 VI 7 0 MI 824 81 SUBTOTAL 3781 45 MN 771 0 OH 1136 0 sy� � yr��re„� ,i--�m-��,.c•�_ �.,L r�tE- VdL 2177 53 DE 67 0 SUBTOTAL 6975 469 DC 19 32 ss ,'F, t� , rN .rs MD 534 3 AR 452 1 PA 865 66 LA 310 0 VA 855 0 NM 418 0 WV 155 0 OK 2721 0 SUBTOTAL 2495 101 TX 526 2763 SUBTOTAL 4427 2764 The inspection and enforcement action reporting period is from 10/1/07 through 3131/08. Not all states fidly implement delivery prohibition at this time, and some states prohibit deliveries primarily for annual registration violations. * DNA = Data Not Available N/A =Not Applicable Inspection/Enforcement Actions for Mid-Year FY 2008 (as of 3/31/08) Number of USTs (or Number of USTs (or UST Facilities) UST Facilities) Identified as Being Identified as Being Region/ Number of Ineligible for Region/ Number of Ineligible for State On-Site Delivery or State On-Site Delivery or Inspections Acceptance of Inspections Acceptance of Conducted Product Conducted Product LA 411 0 AK 117 199 KS 798 139 ID 162 0 MO 219 0 OR 249 167 NE 201 0 WA 367 0 SUBTOTAL 1629 139 SUBTOTAL 895 366 4 } 1,?$ rr � t},Y--` `' 'n..ie5 CO 933 0 REGION 1 0 0 MT 162 2 REGION 2 0 0 ND 5 0 REGION 3 *N/A *N/A SD 127 0 REGION 4 0 0 UT 1047 14 REGION 5 0 0 WY 224 0 REGION 6 0 0 SUBTOTAL 2498 16 REGION 7 20 0 REGION 8 63 0 ",gg �. , ` ` �" y'�`" REGION 6 0 ,,., k, c AS 4 0 REGION10 7 0 AZ 438 0 SUBTOTAL 96 0 CA 6877 9 GU 12 0 MAN HI 234 0 National Total 47600 4752 CNMI *DNA 0 NV 249 0 SUBTOTAL 7814 9 The inspection and enforcement action reporting period is from 10/1/07 thmugb 3/31108. Not all states fully implement delivery prohibition at this time, and some states prohibit deliveries primarily for annual registration violations. * DNA = Data Not Available N/A =Not Applicable �- p n4 ME AN 3 +�A,� d bs vas s .+ u _ s r 3 AE a '� ii F s_.a;�c. v �1< <>�..a-^' .�..v�.�i`_.�.�.._yr.:.n�.�`� .�.a_.�.�. ,:,Y�c�,yh- i♦ q5x J { 5�r NZ Lti q1 � 1 v _ y "3,47 FAIR, x � r { 11 ! M41 ,�Y �.�7.3 N 4"- �� F e"' , r x � ! - `ice F 3 t'i k. ! '' .cif` 4 • ir %OARTRng o FY 2008 Mid-Year Reporting (ranked from lowest to highest backlog %) Cleanup Tre—anli� State _ Backlog State Backlog AS <1 % AR ME 2% ationalAverage 23% ND 3% % TN 3% PA 24% SD 4% NC 24% MS 4% IA 26% VA 6% DC 27% MD 7% NM 28% NV 7% CA 28% MN 9% ` DE 9% IN 30% UT 10% NE 31 % NY 10% WA 31 % OK 10% WV 32% OH 11 % CT 33% ID 11 % NH 33% CO 12% Sc 34% TX 13% LA 35% MA 13% KS 36% WI 13% MT 37% AL 13% VT 38% HI 14% NJ 40% AZ 15% MI 42% KY 16% WY 46% OR 17% PR 54% GU 18% CNMI 56% GA 18% FL 58% MO 20% VI 73% RI 21 Cleanup backlog is the percentage of releases not yet cleaned up. State Listing,/can FY 2008 Mid-Year Reporting (from highest to lowest SOC) omp lance te Compliance State Rate State Rate HI o m FL 85% LAp - 64% WY 83% SD _ — 63% PR 83% NC 62% MT 83% CT 61 % NV 82% WV 59% L 80% NY 58% NM 80% VA 56% Z 79% MD 54% GA 78% ME 53% OK 78% ID 52% TX 77% AK 52% TN 77% MN 50% OR 777/. WA 50% CO 76% AR 49% MS 74% NH 48% IN 74% IA 48% Sc 73% OH 72% KY 40% ND 72% NJ 39% DC 71 % NE 39% WI 70% MI 37% PA 70% MA 36% RI 68% AS *DNA DE 68% CNMI *DNA KS 67% GU *DNA CA 67% MO *DNA T 66% 11y, *DNA UT 66% *DNA= Data Not Available TIMELINE TO FINALIZE END OF YEAR NUMBERS SECOND HALF OF FISCAL YEAR ESTIMATES and FINAL REPORTING DATA — OUST REQUIREMENT By July 31 HQ sends signed Estimates and Actual Data for Second Half of Fiscal Year Data Request Memo w/Attachments (Region-specific) to Regional Division Directors. By September 7 States provide Regions with Estimates of LUST Cleanups Completed for Second Half of Fiscal Year. By September 15 Regions provide OUST with Estimates of LUST Cleanups Completed for Second Half of Fiscal Year. By October 8 States provide Regions with Final Second Half of Fiscal Year Reporting Data. Regions enter Final data into Excel spreadsheets, if not already completed by states. Regions QA/QC states' Second Half of Fiscal Year Reporting data (use checklist). By October 15 Regions submit completed Excel spreadsheets to OUST with Final Second Half of Fiscal Year Reporting Data. By Mid-November HQ publishes Final End-of-Year Activities Report Memo for Fiscal Year. MTBE (methyl tertiary-butyl ether) and Underground Storage Tanks I Office of Undergo... Page 1 of 2 _ http ://www .epa.gov/swerustl/mtbe/ r8 Last updated on Thursday, January 10th, 2008. a Underground Storage Tanks k"�wer,.re5¢ You are here : EPA Home OSWER Underground Storage Tanks MTBE and USTs MTBE (methyl tertiary-butyl ether) and Underground Storage Tanks EPA's federal underground storage tank (UST) regulations have contributed greatly to reducing soil and groundwater contamination (by MTBE and other fuel components) from USTs. However, not all UST systems are regulated and not all components of regulated UST systems are regulated . Jiliggoftlillwannost ide @ onRhel EPA is taking action to implement the UST-related recommendations of the Blue Ribbon Panel on Oxygenates in Gasoline. For example, EPA is working with states to increase the compliance rate with the spill overfill, and corrosion protection requirements of the federal UST regulations. As of December 22, 1998, all substandard USTs (those not meeting requirements for spill, overfill, and corrosion protection requirements) were required to be upgraded or closed . EPA is also working with states to improve the compliance rate with the leak detection requirements; we are jointly undertaking a major multi-year effort to increase UST owners' and operators' compliance rates through compliance assistance, UST inspections, and enforcement. In addition to _ _ . _, _. . _. _ _. =m con _ discharge of unburned fuel from water craft (especially 2-stroke engines ; 9 W" f g — lawnmowers, tractors and other machines; plus leaks from pipelines and aboveground storage tanks. The public can also assist in helping to prevent MTBE contamination by following safe fuel handling practices. MTBE is found in gasoline (and other petroleum fuels) that is commonly stored in underground storage tanks (USTs) . MTBE is typically added to reformulated gasoline, oxygenated fuel, and premium grades of unleaded gasoline. EPA has not set a national standard for MTBE [in drinking water) , although some states have set their own limits. In December 1997, EPA issued a Drinking Water Advisory. This advisory established a taste threshold of 40 ppb and an odor threshold of 20 ppb. EPA is continuing to study both the potential health effects and the occurrence of MTBE, and it is on a list of contaminants (Contaminant Candidate List) for which EPA is considering setting drinking water standards. Essential Information on MTBE • Frequent Questions About MTBE and USTs • GAO Report on MTBE Contamination From Underground Storage Tanks. GAO-02- 753T May 21, 2002 (PDF) (19 pp, 642K, About PD F) Testimony of John Stephenson, Director, Natural Resources and Environment, Before the Subcommittee on Environment and Hazardous Materials, Committee on Energy and Commerce, House of Representatives, • EPA's MTBE Demonstration Project The Agency is sponsoring field demonstrations of technologies/processes for drinking htty://www.eDa.Lyov/swerasti/mtbel 7/5/700 MTBE (methyl tertiary-butyl ether) and Underground Storage Tanks I Office of Undergro... Page 2 of 2 water treatment and/or groundwater remediation. Data will be collected to evaluate performance and cost of the selected technologies/processes. The Blue Ribbon Panel on Oxygenates in Gasoline This panel was formed in November 1998 to review use of MTBE and other oxygenates in gasoline, What recommendations for improving UST programs were made by the Blue Ribbon Panel on oxygenates in gasoline? Panel Findings - Executive Summary and Recommendations Final, July 27, 1999 (12 pp, 34K, About PD F) Achieving Clean Air and Clean Water: The Report of the Blue Ribbon Panel on Oxygenates in Gasoline September 15 1999 (191 pp, 481K, About PD F) Groundwater Clean-up Levels for Oxygenates at LUST Sites: Current & Proposed Current groundwater regulations (established or site-specific), forthcoming regulations, states waiting for MCL/Health Advisory, and states with no regulations. This information provided courtesy of Michael Martinson, Delta Environmental Consultants, Inc. • U.S. Map of MTBE Levels ( 1 pg, 56K, About PDF) • Table (includes all major oxygenates. . ,ethers and alcohols) (9 pp, 32K, About PDF) • U .S. Map of MA Levels ( 1 pg, 53K, About PDF) • Characteristics of MTBE (including Physical . Chemical, & Toxicological Properties and Analytical Methods) State Investigation Reports on MTBE a list of known state reports--including the New England Interstate Water Pollution Control Commission 's (NEIWPCC) 50-state MTBE survey--with links for downloadling. State-by-State Survey of Soil and Groundwater Cleanup Standards the Association for the Environmental Health of Soils (AEHS) conducts an annual survey of state standards for petroleum fuel constituents in soil and groundwater ASTSWMO MTBE Newsletters IE produced by the Leaking Underground Storage Tank Task Force of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO). Additional Information on MTBE • MTBE Transport & Fate/Site Characterization • Models for MTBE Simulation MTBE Remediation/Treatment • MTBE Publications • MTBE Policy Documents • MTBE Contacts • Other MTBE Web Sites http://www.epa.gov/swerustl/mtbe/ 7/5/200R United States General Accounting OMee GAO Testimony Before the Subcommittee on Environment and Hazardous Materials, Committee on Energy and Commerce, House of Representatives on Dehvery For Expec ea a 3.30pxL, I ENVIRONMENTAL Expected at 3:30 p.m, ED r Tuesday, May 21; 2002 PROTECTION, MTBE Contamination From Underground Storage Tanks Statement of John Stephenson Director, Natural Resources and Environment x G A O rx x*x x*xx xxxx Accowtability * Integrity * Reliability GAO-02-753T Mr. Chairman and Members of the Subcommittee: I am pleased to be here today to discuss the increasing concern that our nation's waters are becoming contaminated with methyl tertiary butyl_ ether (M_ W. About a third of the states, in certain cr , use gasoline that contains MTBE to help them limit air pollution because it bums cleaner. However, the substance could also pose risks to human health, especially as a contaminant in drinking water wells. One of the primary ways in which the contaminant has migrated into wells and groundwater is from leaking underground tanks used to store gasoline. The Environmental Protection Agency (EPA) has the responsibility through the Underground Storage Tank Program and working primarily through the states to ensure the tanks do not leak, and if they do, that the contamination is cleaned up. However, several studies, including our own report on EPA's implementation of the tank program,' showed that many tanks have leaked—and continue to leak—hazardous substances, such as MTBE and benzene. These leaks, in turn, contaminate soil and groundwater, posing health risks to those who live nearby or drink the water. Such health risks can range from nausea to kidney or liver damage or even cancer. As a result, some communities have closed their drinking water wells. A recent news report illustrates the problem. A school in Roselawn, Indiana, discovered that the children had been using and drinking water with nearly 10 times the EPA-recommended safe level of MTBE. I understand that an investigation is trying to determine whether the MTBE came from a nearby tank and whether it is a factor contributing to the children's nosebleeds and other reported health problems. When there is a gasoline overflow, spill, or tank leak—referred to as releases—the tank owners and operators are to report the incident to EPA if the release is on tribal lands, or otherwise to the state agency implementing the tank program, and to initiate cleanup. Most releases are not discovered; however, until the tanks are taken out of service, when they must be permanently closed to eliminate future leaks. To help states cover their program costs, the Congress annually provides the states with grants from a trust fund it created in 1986. In fiscal year 2001, states each received from $252,000 to $45 million, depending primarily on their cleanup workload, for a total of $58.7 million. States can use these resources for, among other things, cleaning up releases when the owner or ' Environmental Protection: Improved Inspections and Enforcement Would Better Ensure the Safety of Underground Storage Tanks (GAO-01-464, May 4, 2001). Page 1 GAO-02-753T MTBE from Underground Tanks operator is unable or unwilling to perform the cleanup, or cannot be identified. The fund is replenished primarily through a $.001/gallon federal tax on gasoline and other fuels and had a balance of $1.7 billion at the end of fiscal year 2001. Because of rising concerns about continuing releases and the resulting contamination, especially from MTBE, we determined the (1) extent to which these releases may contain MTBE, and whether the contaminant poses health risks or affects cleanups, (2) progress states have made in cleaning up releases, and (3) the party responsible for the cleanup costs. In summary, we found the following: • A majority of the 50 states have reported finding MTBE when they discover gasoline contamination at their tank sites and, increasingly, in their groundwater, surface water, and drinking water. This widespread contamination occurs, even though currently only certain communities in only about one-third of the states use gasoline with MTBE as a fuel additive. CBntamination continues because, among other things, MTBE has been used in the past as an octane enhancer and is currently transported through the same fuel pipes and trucks that deliver gasoline across the country.2 MTBE's health effects have not been conclusively established, but the federal government has determined it to be a potential human carcinogen. Because of the health uncertainties, EPA has not regulated MTBE; instead it has simply advised people not to drink water that contains concentrations in excess of 20 to 40 parts per billion. Fourteen states have gone further on their own and partially or completely banned the use of MTBE within their borders or established other regulations on its use. According to a December 2000 report on a survey of state tank program managers sponsored by EPA,' finding MTBE at a tank site does not typically affect the cleanup method but can increase the time and cost of cleanup because MTBE travels faster and farther than other gasoline contaminants. Several states reported that their cleanup costs doubled as a result of addressing MTBE. ' According to a recent EPA estimate, MTBE is used as an additive in about 87 percent of gasoline in the United States. ' New England interstate Water pollution Control Commission, Asumey of State Experiences with MME Contamination at LUST Sites (Dec 15, 2000). Page 2 GAO-02-753T MTBE from Underground Tanks • States have made progress in addressing the releases they have discovered, including MTBE contamination, but face a continuing and substantial cleanup workload. States reported to EPA that they have completed cleanups of 64 percent of the more than 400,000 identified releases as of the end of fiscal year 2001, and have begun some type of cleanup action for another 26 percent. Nevertheless, states still have to both complete these ongoing cleanups and begin cleanups for almost another 40,000 releases, or determine that they do not pose enough risk to warrant a cleanup. In addition, states face a potentially large, but unknown, future workload in addressing releases from a number of sources, as we previously reported. These include unidentified abandoned tanks, identified but empty and inactive tanks that have not yet been removed, active tanks that leak because their leak detection and prevention equipment is not being properly operated and maintained, and unreported leaks from tanks in those states that do not inspect them. Some states reported that even their new tanks with the latest leak detection and prevention equipment are leaking, increasing the cleanup workload. A majority of the 13 states that we contacted— those that had cleaned up many releases or had a large backlog left to address—identified the lack of staff to oversee cleanups as a barrier affecting cleanup progress. • States typically depend on tank owners or operators to pay some portion of cleanup costs and cover the remainder with their own funding programs. The states depend on the relatively small federal trust fund grants to pay staff to oversee cleanups and administer their programs. States typically do not receive appropriations from their legislatures to cover their cleanup costs but pay for them out of funds supported by state gasoline tax revenues, annual tank fees, or both. In a May 2001 survey of state funding programs, by the Vermont Department of Environmental Conservation,' 36 states reported having adequate funding to cover their current costs while 11 reported having more costs to cover than funds available. In addition, 16 states have stopped accepting, or are scheduled to stop accepting, new claims for reimbursements, leaving it up to tank owners to obtain adequate insurance or other means to cover their cleanup liabilities. In the future, some states may seek additional federal support when and if their funding programs end and they turn their attention to addressing ' Vermont Department of Environmental Conservation, ASummary of State Fund Survey Results (May 2001). The Department conducts this survey annually. Page 3 GAO-02-763T MTEE from Underground Tanks the many unidentified abandoned tanks nationwide that have no financially viable owners to pay for cleanup. MTBE Has Been while the full extent of MTBE contamination is unknown, most states reported in the EPA-sponsored survey that they are fording the Detected Nationwide contaminant in groundwater from releases at tank sites, and some are But the Extent of Its beginning to find it in their drinking water sources. The extent to which the contaminant poses a health risk is uncertain, however, in part because Effect on Human EPA does not yet have the data necessary to determine MTBE's health Health and the effects. Detecting MTBE from a release typically does not influence the type of cleanup method selected, but could increase the time and cost of Cleanup of Releases the cleanup, according to a number of states. Is Uncertain Most States Have Found Portions of 17 states and the District of Columbia currently use gasoline MTBE in Groundwater potentially containing the additive MTBE to limit air pollution (see figure from Releases at Tank 1). However, MTBE is being detected nationwide because, among other Sites; Fewer Have Found It cgs, it had been used as an octane enhancer in gasoline in the past and in Their Drinking Water because the pipes and trucks used to carry gasoline throughout the nation have been cross contaminated with the substance. _. Page 4 GAO-02-753T MTBE from Underground Tanks Figure 1. States Using MTBE and Other Fuel Additives to Limit Air Pollution WA YE K NH SO MA WY NI U Cr M, NE � CO Ny DE Me _ Dc rx Az oK NM AR gD A GA u Fl O aN 0 ,o De � HI mom. (l/\ Source: EPA. Forty-four states reported in the EPA-sponsored survey that they sample groundwater at leaking tank sites and test it for MTBE. A Furthermore, 35 states reported that they find MTBE in groundwater at least 20 percent of the time they sample for it, and 24 states said that they find it at least 60 percent of the time. States are not only finding MTBE at tank sites with reported releases—half of the states reported finding it at tank sites even when there was no documented release, although they did not know the number of these cases. About half of the states also reported finding MTBE that they could not attribute to a leaking tank and suspected that it came from other sources, such as above-ground tanks used to store fuel. The extent of MTBE contamination may be understated because some tank releases go undetected and because only 19 states said that they are L Washingtonrepartedthetit Plancedto addsuchtesE by2OOL Page 5 GAO-02-753T MTBE from Underground Tanks taking any extra steps to make sure that MTBE is not migrating further from a tank site than other contaminants when a release has been detected. MTBE is less likely to cling to soil than other gasoline components and dissolves more easily in water, allowing it to travel faster, farther, and sometimes deeper. Therefore, parties might have to use more test wells around a leaking tank to determine if and where MTBE is present. If states do not conduct the extra tests, they may not detect the MTBE. Some of the states that have identified MTBE contamination have also found that it reached drinking water sources. More states may not have reported finding MTBE in part because only 24 states in the EPA- sponsored survey said that their drinking water program offices routinely analyzed drinking water sources for MTBE, while another 24 said that their offices were not conducting these analyses. Although a number of states were not sure how many public or private drinking water wells had been contaminated by MTBE, 11 states said that at least 10 public wells had been contaminated at the time of the survey, and 15 states reported that 10 private wells had been closed. The Maryland Department of the Environment reported that MTBE was found in low concentrations in about 100 of more than 1,200 water systems tested. In contrast, some communities in California, Kansas, and Maine have had more extensive problems with contaminated groundwater. For example, Santa Monica, California, closed seven wells supplying 50 percent of the city's water. At the national level, the U.S. Geologic Survey (USGS) and EPA have conducted some water-monitoring efforts, but have yet to find high concentrations of MTBE in many drinking water sources. According to a IISGS study, MTBE was detected in generally lower concentratioms in 14 percent of surface water Oaurce&5 Another USES study pGinN vu however, that it was 10 tunes more likely to find MTBE in areas that use it as a fuel additive to reduce polhrtion_` A third. USGS suddiy, done in iaoGperaafdo.fn with EPA and issued urn 2901-1 examine—' nio mt da.-e,m b€'€.:a[i aver 7 ix z a ranC.oiiL v SeieCte d _€:mr_r_.�iiy -- I{ r systems it the northeast and mid Atlat5�•€e regions mid repoit-ed the— 51 i _E was detected m �!__ 6 National Survey of MTBE, Other Ether Oxygenates, and Other UOCs in Commmity Drinking Water Sources, U.S Geological Survey (Open File Report 01-399, 2001)- rn�ntnen;pnnalc �fni-ni ywt _ onreeSin2 1: i3_xe-ntFeelingsq,f the FT.,S Geological Survey, U.S. Geological Survey(Open-FUe Report 00510, 2001). Page 6 GAO-02-753T MTEE fmm mndergmnnd Tanks percent of the systems that analyzed samples for MTBE.' Mnally, EPA has completed the first year of a 3-year effort—under the recently implemented Unregulated Contaminant Monitoring Mule—to have all large water systems (serving populations of 10,000 or more), as well as selected small public water systems (serving populations of 3,000 or less), test their water for MTBE. Of the one-third of the systems required to test in the first year, 1 of 131 large systems and 3 of the 283 small systems detected the substance. Reviews on the Extent that An interagency assessment of potential health risks associated with fuel MTBE in Drinking Water additives to gasoline, primarily MTBE. concluded that while available data Poses Health Risks Are did not fully determine risks, Tie regardedas a potential Still Pending owever, the extent that MTBE maybe present in high concentrations in drinking water and jeopardizing public health is unknown. Because MTBE has a bad taste and odor at relatively low concentrations, people may not be able to tolerate drinking contaminated water in large enough quantities to pose a health risk. On the other hand, some people may become desensitized to the taste and smell and could end up drinking MTBE for years in their well water, according to the EPA program manager. EPA has efforts underway to fill in some of the data gaps on the health effects of MTBE and its occurrence in drinking water supplies. Additional research and water quality monitoring must be concluded before EPA can determine whether a water quality standard—an enforceable limit on the concentration of MTBE allowed in drinking water—is warranted. EPA has issued an advisory suggesting that drinking water should not contain MTBE in concentrations greater than 20 to 40 parts per billion, based on taste and odor concerns EPA is considering taking further steps to regulate MTBE, but notes that to establish a federally enforceable standard could take about 10 years. B Occurrence and Distribution of Methyl tert-Butyl Ether and Other Volatile Organic Compounds in Drinking Water in the Northeast and Mid-Atlantic Regions of the United States, 1993-98, U.S. Geological Survey (Water Resources Investigations Report 00-4228, 2001). 9 National Sciences and Technology Counca, Committee on Environment and Natural Resources, Inter agemVAssessment of Potential Health Ihsks Associated unth Oxygenated Gasoline (Feb. 1996). Page 7 GAO-02-753T MTBE from Underground Tanks While the potential health risks of MTBE are uncertain, 14 states-9 of which are not required to use a fuel additive to limit air pollution in certain areas—have partially or completely banned the use of MTBE within their boundaries (see figure 2). Figure 2: States That Have Banned MTBE (year of ban) INA 11 r ' ME Mr NO OR yr IIY NN ID io pl MA 2W1 � NI PA cr� NV 2'100 2D00, JN ON _ NJ 16. lVY VA DE MO KY MD N TN C OK NM AR SC as a vK u n O - AK ,o db m P"W compne ten Source: EPA. In addition, seven states reported in the December 2000 EPA-sponsored survey that they had established their own health-based primary drinking water standard for MTBE, as shown in figure 3. Six of these states currently use fuel additives to limit air pollution and the seventh state voluntarily used such additives until 1999. Page 8 GAO-02-753T MTBE from Underground Tanks Figure 3: States With a Health-Based Drinking Water Standard for MTBE ME WA WWb AAr HD MY W ppb -- NH OA MN k=. p` - ID WI `y_"" r 13O SD M MI - ]°oPb Po 3',.,, U PA '➢ Cr ..a,. NE ON MPO MJ } CO WV VA OE -Y. MD - MO KY NC DD ti. NM Afl SO dhr O AK Oe � V HI Source: A Survey of State Experiences with MTBE Contamination at Leaking Underground Storage Tank Sites, New England Interstate Water Pollution Control Commission (December 15, 2000). Another five states reported establishing a secondary standard to limit the allowable amount of MTBE in drinldng water. These standards vary considerably, however, with concentrations ranging from 5 to 70 parts per billion. Discovery of MTBE Does According to the EPA-sponsored survey, 37 states said that finding Not Drive the Cleanup gasoline, or its components of concern, 10 in soil or groundwater at a tank Methods Implemented, but site is the primary driver of cleanup activities, not the presence of MTBE. Could Increase the In other words, the methods used to clean up gasoline can also be used to Cleanup's Duration and address MTBE contamination. These proven cleanup technologies include pumping and treating groundwater at its source, treating the water at its Cost point of use by running it through a filter, or using a process known as air sparging (injecting air into the contaminated area to volatilize and extract MTBE). Letting the contaminant naturally break down over time—known 10 Some of the components of concern in gasoline include benzene, toluene, ethylbenzene, and xylene Page 9 GAO-02-753T MTBE from Underground Tanks as natural attenuation—may not be as effective as with other components of gasoline because MTBE persists longer in soil and groundwater. However, addressing MTBE could add time and costs to cleanups. According to the EPA-sponsored survey, 16 states reported cost increases as a result of MTBE cleanup, most less than 20 percent; 5 states reported that their costs had doubled. States spent, on average, about $88,000 addressing releases at each tank site in fiscal year 2001. Nineteen states indicated that it could cost more to test for MTBE because they take additional steps to ensure that this contaminant is not migrating beyond other contaminants in a release. Several states reported that their laboratories charged $10 to $50 more per sample to analyze for MTBE. In addition, many of the 16 states that cited higher cleanup costs for MTBE attributed these increases to such factors as longer plumes and increased cleanup time. Finally, the discovery of MTBE can increase costs because filters used to remove MTBE from water have to be changed more frequently. States Have Made States reported to EPA that as of the end of 2001, they had completed cleanups of 64 percent (267,969) of the 416,702 known releases at tank Progress In Cleaning sites and had begun some type of cleanup action for another 26 percent Up Tank Releases, but (109,486), as figure 4 illustrates. Still Face a Potentially Large Cleanup Workload Page 10 GAO-02-753T MTBE from Underground Tanks Figure 4: States Have Made Progress in Cleaning Up Tank Releases Cleanups started but not completed 109,48 26% 64% 9% Cleanups not started 39,247 Cleanups completed 267,969 Note: Due to rounding, the percentages do not total 100 percent. Source: GAO's analysis of data provided by states to EPA. Because states typically set priorities for their cleanups by first addressing those releases that pose the most risk, states may have already begun to clean up some of the worst releases to date. However, EPA tank program managers cautioned that some of the many cleanups that are underway may still be in their early stages because states have varying criteria for "underway." For example, California reports a cleanup is underway as soon as a release is reported, even if no work has begun. In addition, states still have to address the remaining 39,247 known releases (9 percent) where cleanup is not underway by either ensuring it has begun or is not needed because the releases do not pose a risk Figure 5 illustrates the remaining cleanup workload for known releases in each state and the District of Columbia Page 11 GAO-O2-753T MTBE from Underground Tanks Figure 5: States Still Have a Number of Cleanups to Initiate or Complete ME WA 98 2,620 W ,n ND 1,203 45 MN NN NH on 1,470 MA 2242 10 SD N1' 1,094 3290 2� NY 592 295 46 U PA tt NY NE 2../ 1 4,]24 018 sz] m a.zzD aas9 a�'9o9 50] Do 1 DE 1,918 2,056 MO KY .3= 1,.284 2 1,399 TN 3,MD Me 448 OK 1,384 TN W M SC 2503 UM V4 3.93] 22B 1.126 M M9 A6 GA 4p3 1,911 4.12,12 4 IA t.oaD AK xD,2]a 1,192 r0 Q � M 502 pfmtar MBn b,LN melrvrg elms Source: GAO's analysis of data provided by states to EPA. As the figure shows, while states have made progress, seven states still have more than 5,000 releases that they have not fully addressed. Most of the 13 states we contacted cited a lack of staff as a barrier to achieving more cleanups. For example, the May 2001 Vermont survey of state funding programs indicated that, on average across the states, each staff person was responsible for overseeing about 130 tank sites during that year. In addition to this known workload, states most likely will continue to face a potentially large but unknown future cleanup workload for a number of reasons: • In a June 2000 report to the Congress, EPA estimated that as many as 200,000 tanks nationwide may be unregistered, abandoned, or both, and have not been assessed for leaks." " Report to Congress on a Compliance Plan for the Undergound Storage Tank Program, U.S. Environmental Protection Agency (EPA 510-R-00-001, June 2000). Page 12 GAO-02-753T MTBE from Underground Tanks • Furthermore, even though many owners chose to close their tanks rather than upgrade them with leak detection and prevention equipment as federally required, tens of thousands of tanks nationwide are still empty and inactive, and have not been permanently closed, as we previously reported. Consequently, any leaks from these tanks may not have been identified. • We also reported that an estimated 200,000 or more active tanks were not being properly operated or maintained, increasing the chance of a spill or leak. For example, 15 states reported that leak detection equipment was frequently turned off or improperly maintained • In addition, we reported that many states do not inspect their tanks frequently enough to ensure that they are not leaking and that known releases are reported. Only 19 states were physically inspecting all of their tanks at least once every 3 years—the mmunum EPA considers necessary for effective tank monitoring. In addition, 22 states were not inspecting all of their tanks on any regular basis. • While the number of leaks should decrease in the future—because all new of active tanks should have leak detection and prevention equipment—we previously reported that 14 states traced newly discovered leaks to upgraded tanks and 20 states did not know whether their upgraded tanks leaked. • Finally, 10 states reported in the EPA-sponsored survey that they had reopened a small number of completed cleanups because MTBE had been subsequently detected. If more states follow suit, the future cleanup workload will increase, although the size of this workload is unknown In addition, states may be responsible for the costs of these reopened cleanups because tank owners and operators are not required to maintain financial responsibility for tanks that were properly cleaned up or closed. Page 13 GAO-02-753T MTBE from Underground Tanks States Rely on Their States have relied primarily on their own funding programs and private parties to pay for cleanups, using the relatively small federal trust fund Own Programs and grants they receive for staff, program administration, and to a lesser Private Parties to Pay extent, cleanups. States' reliance on private and federal funding could increase in the future if they end their funding programs and begin to for Cleanups, but May address the problem of abandoned tanks with no financially viable owner. Require Federal Funding to Accelerate Cleanups and Address Abandoned Tanks State Funding Programs In creating the Underground Storage Tank program the Congress and Private Parties Have expected tank owners and operators to take financial responsibility for Paid for Most Cleanups cleaning up contamination from their tanks, correcting environmental damage, and compensating third parties for any injuries. Tank owners and operators were to demonstrate that they had the financial resources to cover potential cleanup liabilities. Initially, private insurers were hesitant to take on the risks of providing liability coverage to owners and operators of underground storage tank systems, so many states created their own financial assurance funds. These state funds could be used to cover the financial responsibilities of owners and operators for site cleanup as long as long as the state funds met the federal financial responsibility requirements. Forty-seven states established such programs most often from a gasoline tax, an annual tank fee, or both, rather than state appropriations. The remaining three states relied on owners and operators to locate suitable insurance, now more readily available, or other financial resources. Under many state programs, owners or operators pay for the cleanup and seek reimbursement for a portion of the cleanup costs from the state. Six of the 13 states we contacted cap the amount of reimbursements and expect tank owners and operators to be financially liable for the remaining costs. In the May 2001 Vermont survey of state funding programs, states reported spending a cumulative $6.2 billion from their funds since their programs began (13 states did not report their costs). The amount of private funds spent on cleanups is unknown. At the time of the survey, 36 states reported having adequate funding to cover their current costs, but 11 other states said that they were about $625 million short of the funds necessary to cover known claims. Program managers in five of the 13 states we contacted said that their state funds were stable. In addition, nine states Page 14 GAO-02-753T MTBE from Underground Tanks reported that eligibility for their programs had ended`—meaning they would no longer accept any reimbursement claims for new releases—and another seven states expected eligibility to end by 2026. Furthermore, the program fees used to replenish state programs had expired in 1 state and were expected to expire in another 12 states within the next decade. As a result of these provisions, tank owners and operators would be responsible for cleanup costs with no state funding support. States Have Used Federal States have been using federal grants from the Leaking Underground Funds Primarily for Storage Tank Trust Fund primarily to pay for staff to oversee cleanups and Cleanup Oversight pursue owners and operators so that they clean up their sites, according to the EPA program manager. States cannot use these federal funds to clean up releases when an owner or operator can pay. States spent $662.5 million in federal trust fund dollars from fiscal year 1987 through fiscal year 2001, roughly 10 percent of the expenditures from states' funds during the same period. States used $19.5 million, or 36 percent, of the $58.7 million they received in fiscal year 2001 grants on cleanup (see figure 6). 'z In Maine, fund eligibility expired only for "non-conforming" tanks—those which had not been upgraded with leak detection and prevention equipment. Page 15 GAO-02-753T M7BE from Underground Tanks Figure 6: States' Use of Grants from the Federal Trust Fund Site Cleanup Administrative 35% 36% 29% Enforcement Source: EPA. Of the 13 states we contacted, 7 said that their programs rely on the federal grants. On the other hand, for example, a program manager in Florida said that the state's program does not depend on federal grants because it is a small amount of money compared with the amount coming from the state fund. Some states use their federal funds for staffing costs. However, a Maryland program official pointed out that the size of the annual federal grants to states has not kept pace with the salary and other costs they must cover for staff. An Indiana program official attributed a backlog of 4,000 cleanups at one point in the state's program to a lack of federal funding that could be used to pay for additional staff. States may be using their federal trust fund grants to pay for staff because the use of these funds is more restrictive than the state funds, which can be used to reimburse tank owners for their cleanup costs, among other things. Page 16 GAO-02-753T MTBE from Underground Tanks Six states have used an additional funding source that receives federal support to cover some cleanup costs, namely, their Clean Water State Revolving Funds. States get federal seed money to initiate and maintain this type of fund. Eligible parties can apply for loans under the fund and have used them to cover a variety of leak prevention and cleanup projects. According to the EPA, the six states using this vehicle have made a total of $84 million in loans for tank cleanups through June 2000. Program managers in 9 of the 13 states we contacted said that they did not expect to use their revolving loan fund for tank cleanups. Some States May Seek In addition to the federal grants and loan funds, some states may look to More Federal Support for the federal government in the future to help them clean up those Cleanups in the Future abandoned tanks that pose health risks when financially viable parties cannot be identified to pay for cleanups. States admit that they do not often identify releases until they are closing or removing tanks, meaning that EPA and the states might inadvertently be underestimating the risks and cleanup workload that abandoned tanks pose. States may seek additional federal assistance to address abandoned tanks if state funding programs expire or are depleted. As of January 2002, states can access one new source of federal funding for abandoned tanks, made possible by the Small Business Liability Relief and Brownfields Revitalization Act. Under the act, the Congress authorized up to $50 million annually to clean up properties that may be contaminated by a petroleum release, including abandoned tanks. Scope and To respond to your questions, we primarily analyzed data (1) that states reported to EPA on the status of tank releases, (2) from the December Methodology 2000 report on the EPA-sponsored survey of state tank programs, and (3) from the May 2001 Vermont survey of state cleanup funding programs. In addition, we contacted 13 state tank program managers to discuss their cleanup workload, their concerns with MTBE, and their approach for funding cleanups. We selected these states because they had addressed the largest number of releases, had the largest backlog, or both. We also met with EPA tank program managers to discuss cleanup efforts. We performed our work from April to May 2002 in accordance with generally accepted government auditing standards. Page 17 GAO-02-753T MTBE from Underground Tanks Mr. Chairman, this concludes my statement. I would be pleased to respond to any question you or Members of the Committee may have. Contact and Acknowledgments For further information, please contact John Stephenson at (202) 512-3841. Individuals making key contributions to this testimony were Ellen Crocker, Rich Johnson, Eileen Larence, Gerald Laudermilk, Christopher Murray, and Paul Schearf. (360216) Page is GAO-02-753T MTBE from Underground Tanks Blackberry Creek Watershed EXECUTIVE SUMMARY Alternative Futures Analysis Introduction and Purpose A Watershed Project Sponsored By: In July 1996 a major rainfall event struck northeastern Illinois. One of oat�srArFS nuxmis the most heavily impacted areas was the Blackberry Creek Watershed. m The flooding and associated damage prompted formation of the Blackberry Creek Watershed Resource Planning Committee. This committee, with the assistance of numerous municipal, county, regional, 49gt PFO�G�` N \I state, and federal agencies, as well as private consultants, developed the ReSOUR souRCls Blackberry Creek Watershed Management Plan. This plan was completed in 1999 and adopted by most of the municipalities and Kane and Kendall Counties. A significant focus of the Plan's recommendations was prevention of problems as the watershed develops. In addition to increased flooding, "stakeholders" were concerned about degradation of the overall health of Blackberry Creek and the watershed's L. ,� 4 wetlands. Water quality, biological integrity,and streambank erosion were " k specific areas of concern. w r • Due to the existence of the Watershed Management Plan as well as ex- petted growth in central Kane County, USEPA and IDNR funded an alter- f' native futures analysis for the Blackberry Creek Watershed. The purpose of this project was to identify alternative visions for the future of the watershed and to evaluate their implications. Armed with this informa- tion, the municipalities and counties will be able to make informed deci- Flooding in Blackberry creek Watershed,July 1996 sions related to site design practices and future land uses. Kane County will be considering this information as it develops its 2030 Land Resource Management Plan and as it coordinates with municipalities on the develop- „ ment of stormwater management strategies. C^ l, Project Components During scoping of this project, it was recognized that protection of the watershed's aquatic resources from both direct and indirect impacts will be — essential during its transition from a largely rural watershed to a mixed rural and urban watershed. To that end, there was both a land use focus to protect the streams and wetlands from direct modifications, and a site design focus to Location Map prevent degradation of watershed hydrology and water quality upon which streams and wetlands depend. The primary components of the project were: pq 1. Develop model site design templates on a hypothetical 40 acre parcel for a range of land uses (commercial, three densities of residential, agriculture, as well as ^n ~ streams and wetlands). The focus of the urban templates was to illustrate )' conservation based stormwater and site design principles to preserve natural hydrologic mechanisms, minimizing changes in hydrology and water qualify caused ^ ^^^ by land development. In addition to the conservation version of each template, a "conventional" version was developed. The conventional version of each template _ f was based on current practice for site design and stormwater management that K 1te C only collects, conveys,and detains stormwater rather than distributes, infiltrates and Kendall °"1e1y retains stormwater. The stream and wetland templates illustrate management of cowry these resources in ways that protect and improve their natural capacity to mitigate the effects of intensive land use change. P,u,m^by Me[GVe County Department of Env'v"nmenml Matugemeu4 'll9llatsvin Avenue Cevev;Haoia 0134 (630)232318 Project Components (Continued from Page 1) 2. Develop a conservation based watershed land use scenario that seogn"�` provides direct protection of stream and wetland resources from land disturbances. The conservation land use scenario is then a°a°°� contrasted with existing watershed land uses (existing conditions) w emv." and future watershed land uses based on current plans (current ., proposed land use plans). The conservation scenario does not Al significantly change the overall character of current land use plans, y n, but demonstrates how the "green infrastructure" of streams, } wetlands, f loodplains,and natural drainage of the watershed can be �. integrated into those plans. 3. Evaluate hydrologic impact of the parcel-sized land use templates and watershed scenarios. Continuous simulation hydrologic modeling 'A" ', _; was used to determine the hydrologic response of each of the "7" templates and to compare the response of the conventional and conservation versions of each of the templates. The value of the '•rA ;Osv conservation-based templates was also evaluated at the watershed scale by comparing results at a number of evaluation points in the .•y";„aa ?+ce watershed for each of the three scenarios. The hydrologic re- ��_ sponse was characterized using a number of evaluation metrics to E- a assess the implications of the results in terms of biological health, protection of aquatic habitat, and impacts on flooding and stream- bank erosion. '✓ Above:Composite land use plan for the water- shed using the County 2020 Land Plan and Alternative Futures Evaluation municipal comprehensive plans. Evidence from other watersheds around the region and the Below: An alternative conservation-based land . use plan using development strategies which Country has shown that as a watershed urbanizes, a number of minimize disruption to the natural resources of changes in hydrology occur. In addition to an increase in the the watershed. magnitude and frequency of flooding, a reduction in low flows between storm events also occurs. The reduced stability of hy- drology associated with more frequent flood events can destroy streams and habitats through streambank erosion and deposition, and through shifts in vegetation resulting from greater water ' level fluctuation. The lower low flows stress aquatic insects and MUM other organisms that live in the bottom of streams and serve as food for fish and other life on the food chain. Site Scale Modeling Results The hydrologic modeling performed for this project indicatest , that all hydrologic measures are improved under the conservation templates relative to the conventional templates of the same land rf le AUwom use. The "flashiness” of the stream is decreased, low flows are maintained, and the magnitude of floods is decreased. As ex- petted, the modeling also indicates that the conventional versions 4. ;0 of the urban templates generally have less stable hydrology than �rAw, r �-,, an assumed existing condition of cropland. However, the conser- - vation version of all the templates, including commercial, should be able to improve many measures of hydrologic conditions rela- tive to conventional agriculture. Ir' (Evaluation discussion continued on Page 6) i 2 Recommended Best Management Practices for Development Planning and Stormwater Management The following Best Management Practices were incorporated into the Blackberry Creek Watershed Alternative Futures Project as essential components for each Conservation Template and the watershed analysis for the Conservation Scenario. Planning/Zoning BMPs Conservation Development Site planning and design approaches that preserve existing natural areas, en- hance habitat, utilize naturalized drainage and detention measures for stormwa- ter management, conserve energy,and improve transportation efficiency. Impervious Area Reduction Impervious area reduction can be achieved in a number of ways, including use of narrower streets,shorter streets in lower density residential neighborhoods, creative driveway design,shared parking facilities,and designing roads,walkways, and trails for multiple uses as an integrated system. Open Space/Natural Greenway Designation of linear open spaces and/or natural areas as greenways, in order to preserve and connect significant natural features and accommodate aesthetic, recreational and/or alternative transportation uses. Floodplains,wetlands,and woodlands protected from encroachment by new development. Conceptual Greenway Plan for the wale shed to preserve Iloodplains,isolated wetlands,etc. Stormwater BMPs Bioswales Filtration and infiltration systems planted with grasses and forbs,and designed to fil- ter, retain and evapotranspire stormwater. Vegetation enhances filtration, cooling and cleansing of water to improve water quality and prevent sealing of subsoils. Bioswales typically include an infiltration trench below the vegetated Swale to provide tempo- rary storage to increase the volume of runoff water infiltrated. Filter Strips/Level Spreaders Filter strips are an area of dense, preferably notive, vegetative cover used to filter �} and absorb runoff. Level spreaders are often used in conjunction with filter strips ' -Ai and laid on the contour to distribute runoff over filter strip areas. Filter strips/ � level spreaders can be used within stream and wetland buffers to de-concentrate stormwater prior to discharge to streams and wetlands. 9 t. i,z_ v Green Roofs Vegetated roof system designed to capture, temporarily store,and evapotran- b " spire rainwater on the top of roofs. Green roofs are generally planted with r – — drought and wind tolerant native vegetation.Green roofs can be designed as sim- ° ."Y , ple, lightweight systems primarily providing stormwater benefits or as moreaa elaborate rooftop gardens providing outdoor space and stormwater benefits. Y Naturalized Detention Naturalized detention basins are used to temporarily store runoff and release it at a rate allowed by ordinances. Native wetland and prairie vegetation im- sta prove water quality and habitat benefits. Naturalized detention basins can be „ designed as either shallow marsh systems with little or no open water or as open water ponds with a wetland fringe and prairie side slopes. � iFt tJ N lei iN}�}��tl�Yt'�4g,, 9 3 STORMWATER BMPs (CONTINUED) Porous Pavement Porous Permeable or perforated paving materials with spaces that Pavement ,. allow for the infiltration of rainwater and the transmission of adjacent to a —� water through an aggregate base to the subsoils. Runoff is government _. building temporarily stared in the base for infiltration into the sub- soils and/or slow release to a bioswale or stormwater system. Rain Barrels/Cisterns `j Rain Barrel installed on A vessel used to capture and temporarily store rainwater for the side of a residence various uses, including landscape irrigation, reuse for gray- a water purposes,etc.. Rain Rainwater Gardens �� ,, Garden in A landscaped garden designed to retain, detain, infiltrate, and r front of a evapotranspire stormwater runoff from individual lots and s residence roofs. .- Vegetated Swales Vegetated _ K Vegetated stormwater features that convey, retain, infiltrate Swale along , ,area and cleanse stormwater. Native vegetation enhances filtration roadside and retention of stormwater. Native Landscaping ' Native vegetation used in either large restoration or smaller gardening projects. Native vegetation refers to plants that Native were indigenous to a location prior to European settlement. Landscaping Native landscaping can serve a variety of purposes including around a sin- wildlife habitat and stormwater infiltration, filtering, and gl¢family r evapotranspiration, home r u TEMPLATES USED IN WATERSHED AND PARCEL SCALE EVALUATIONS Conventional Design ....:<d Features: x—, oe::aw a<: a Centralized F r' detention (I _-... .. . e Curb&gutter v.i ,o:rvi _f e Large asphalt Bioc;vale crc< ,,, elf " •i<�" Naturalized parking lot Detention a Extensive storm S sewer network e Single use development ,.J (i.e.retail,etc.) aao row rnm„m Green Root Porou, Pavement Mixed uses within Conservation Commercial/ Conventional Commercial/Industrial Development Industrial Template Template (Le. offices, retail, restaurants, etc.) 4 TEMPLATES USED IN WATERSHED AND PARCEL SCALE EVALUATIONS k - Conventional Design m e L Features: " • Centralized detention _ + / (turf or rip rap r s ✓ shoreline) 0 Y=" + Nauve Landscaping \aturalized w a u�ewrrd a,.,v, fI Curb&gutter on all Detention s ' sheets • Extensive storm sewer system • No provisions for infil- tration of runoff r . ( -',a -, { ..--s,aauo a •'� • Little,if any preserved . , .: ,;•s,mwa•�n')ggyw t natural areas °d (floodplain,wetlands, Biovvale vegetated Swale woodlands,or Rain Garden prairie) Consen.ation Moderate Density Conventional Moderate Density Residential Template Residential Template Conventional Design Features: • Centralized detention (turf or rip rap Vegetated Nahiralized Detention shoreline) <"ale • Large turf lawns • Mowed roadside swales „v'•fi+ (�� • Storm sewers from road to detention basin "I' u �m a_ r tfa$.• • No provisions for infil- " motion of runoff • Little,if my preserved Rain Darden . . VffiIb'P LandsGlpjng _—_ natural areas (floodplain,wetlands, Conservation Rural Conventional Rural woodlands,or prairie) Residential Template Residential Template Conventional Design Features: irm.. --- - • Centralized detention ,u r - (turf or rip rap shoreline) . �.1.a - • Large turf lawns naturalized Detention — - - • Mowed roadside ..i . swales - - - — - - • Storm sewer from road r,,, <<•'" ;y to detention basin sin Vegetated Scales _ - - • No provisions for infil- .-c . ....-•. ""i tration of runoff '•,,,1 ; ".13 • Little,if any preserved - - r- � - Vance Landscapin (fl g - =� .,,....--... oral areas (floodplain,wetlands, woodlands,or prairie) Conservation Estate Conventional Estate Residential Template Residential Template 5 Tames° ]-0ag l0.Yevlax FlOw 1-Yearplacl,arge Watershed Scale Modeling Results (coat. from page 2) The watershed-scale scenario results are similar to the par- a cel-scale template results. The results show that hydrologic, o; m physical, and biological conditions in the streams and wet- lands of Blackberry Creek are likely to degrade as the water- spa° a°p shed urbanizes based on current plans and conventional tem- plates. Conversely, under the conservation scenario with con- Dart nervation templates, hydrologic, physical, and biologic condi- Lions have the potential to improve as conservation plans and developments are implemented. However,the results indicate TQmean that the negative impacts of conventional development and TQmean is defined as the proportion of time that the flow rate is the positive impacts of conservation development are less above the average rate of the stream.The higher the TQmean value, the more stable and less"flashy"the streamf low, For gaged streams pronounced than at the site (template)scale. This appears to in northern Illinois,values of TQmean range from 0.19 to 0.41,indicat- be due to the mix of existing conventional and proposed con- ing that flaws greater than the average rate occurred from 19%to 41%of the time. The higher TQmean values were typically associated nervation land uses in the conservation scenario as well as with more rural streams.As expected,the study shows that TQmean due to the moderating influence of floodplains and protected values under the conventional development scenario will be reduced, indicating that Blackberry Creek,will be subjected to shorter duration natural areas that occur in both conventional and conserve- but higher intensity high flow periods, which is detrimental to the Lion scenarios. Flooding, as measured by the 100-year flood stream's habitat and ultimately its ecosystem health. Modeling of the flow, is expected to remain the same or even decrease even parcel-scale templates indicates that this impact will be even more severe for the headwater tributaries of Blackberry Creek. under the current proposed land use scenario with convert- 1-2 year Discharge Rate tional templates due to Kane County's detention release rate These are smaller floods that occur, on average, once every I to 2 standards. Under the conservation scenario with conserva- years. Floods in this range have been shown to be the most significant factor in determining channel size. Thus,increases in these"channel tion templates, flooding could be expected to actually de- forming' flows will lead to increases in streambank erasion and de- crease. Although not a direct focus of this study, the results struction of aquatic habitat. The study indicates that although the Kane County Stormwater Ordinance provides effective control for suggest that implementation of the conservation templates eliminating increases in the 100-year discharge after development,it is may also improve deep groundwater recharge, potentially Im- much less effective at controlling these smaller,more frequent flood proving the water supply for a growing population. f lows that determine channel stability. Increases in the 1-2 year fload event were predicted to increase by more than 60% if conventional development practices are followed. Conversely, employing conserva- Theanalysis tion development practices could REDUCE 1-2 year flood discharges The analysis outlined in the report suggests that with proper tram existing conditions by about 30%. planning and site design, Blackberry Creek and wetlands can 7-Day, 10-Year Law Flow This is the 7-day duration low flaw rate that occurs,on average,once be protected from many of the negative impacts often as- every ten years and has a 10%chance of occurring in any one year. It sociated with watershed urbanization. The evaluation re- is on indicator of the streams ability to maintain basef lows during drought periods, which is vital to sustaining healthy populations of sults for the conservation templates and scenarios are condi- aquatic organisms. The Study indicates little change in low flaw rate: tioned upon full implementation of the stormwater manage- from existing to future conventional conditions. In contrast, using conservation development techniques,the base flow could be expected ment practices outlined in the conservation templates and to increase significantly, 100%-400% in most reaches and therefore not just the general land use plan. Although substitution of the stream should be able to support more diverse aquatic communities native prairie and wetland landscaping for turf will im- at smaller watershed areos. This is a direct result of the distributed stormwater management system used in the conservation development prove hydrology, that design modification alone Will not templates that maximize stormwater retention and infiltration. achieve the benefits identified here. It is essential that a distributed stormwater management approach that utilizes ANMAL NL�%I ral UIxi-HAMW created prairie and wetland systems to filter and retain RIACKHRR113f'RFFA FRRQrRa-CACA.TSIN ATa O,STTP LIFE stormwater runoff be implemented if the benefits outlined ,g,,,,;,,pa•„�,,;,;„„ here are to be achieved. Two future conditions watershed r„n, Cb.11.01x,al eF,mne ranK-,.non, ■, scenarios were evaluated as part of this project, although there are many other possible scenarios that could be i y:,_• m r,r• conceived for the watershed as the County and municipalities proceed with development of 2030 land use plans. The 'L f1 rtL,11'rl°n scenario models in this study could readily be adapted to = •�= ��,_ ii '"Ikapet°1<ar evaluate other potential scenarios and factor water resource implications into the land use decision-making process. Rrintn H•,inrl Printed by We Kane County ne,a .,of E.wruamental Mavagemnnt, 11.6—pnpared by WitershW Resource Con [op m,d The Conservation. 719 e.1.0.A..°u.a< .,nunou 01M(630)232-5118 Poundatiom Malysis,gaphics,and,eat taken flom the Blackberry Creak emroum.d report may b•°"„nl•.d.d imm Anemative Fumms Malysis report prepared fo,the Project Sponsors b hap://rvwwsa.Imne.B.ue/krst°rMintleahw 6 Conservatioe➢esig,F.w lac, y r z ERVATION DESIGN FORUM Landscape Architecture Community Planning 5 Ecological Restoration Resource Management a� y t S ' v 02AA - t � S BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT : Prepared for:.. United City of Yorkville 800' Cjamefan Road " Yorkville, Illinois= 60.560 October 2002' . :., i BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT Prepared for: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 October 2002 i"- Conservation Design Forum Project No. 02034.00 Prepared by: Date: // 26 02 Becca L. Cerf Wetland Specialist/Restoration Ecologist Project Manager Date: // - 2 S • o 2- Kenneth C. Johnson Botanist/Restoration Ecologist Principal of Ecological Services OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT TABLE OF CONTENTS LIST OF APPENDICES LIST OF EXHIBITS LIST OF MAPS EXECUTIVE SUMMARY INTRODUCTION .. . . . . . . . . . . .. . .. . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . .. . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Purpose and Structure of the Ecological Assessment . . . .. .. .. .. . . . .. . . .. .. :. I . . . . . .. . . . . 0. 0 . . . . .. . . . . . . . 6 . 6 . ... . .. 1 Project Site Location, Description, and Surrounding Land Use . . .. . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . .. . .. . . . .. . . 1 SITE INVENTORY AND ANALYSIS . . . . . . . . . . .. . . . . . . . . . . . . .. . a . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. 0 . . .. ... 000 . 2 Methodology .. .. .. .. .. . .. . . . .. .. ... .. .. .. .. .. . .. .. . . . . . ... .. ... .. . .. . . . . .. . .. .. . .. .... . ... .. . .. .. . . . .. . . . . .. . . . . . .. . .. .. .. . . .. . ... . . 2 Vegetation Inventory and Habitat Description . . . . . . .. . ... . . . .. .. . . .. .. .. . .. . . .. . .. . . .. .. .. .. . .. . . . . . .. ..... ... . . 2 Wildlife Inventory and Habitat Evaluation . .. . ... 0 . .. . . . .. . . .6 . .. .. .. .. 0. .. . . . . . . .. .. . . . . ... . .. 6 .. . .. .. .. ... .. ... 0 . 3 Macroinvertebrate Sampling and Steam Reconnaissance . .. 0... 0. . . . .. . . . .. .. . 6 . ..4. . . . ... . .... .. .. 6.0 . ..0 . 4 Additional Information and Agency Correspondences .. ... .. ..... . . . .. ... . ..... .%�.. . .. . .. . .. . .. . . .. ... 0. ..... 4 Resultsand Discussion . . . ... .. .. ... . . ...... ... ... . ..... ... ... . .. ... .. ... .. ... .. .. .. .. ... .. . . . .... .. .. ... . .. . .. . .. .. .. .. . .. .... . 4 Review of Topographic, Soil, Wetland, and Floodplain Maps .. . .. ..:. . .. .. .. . . .. . . . . . .. . .. .. .. .. ... . . . .. 5 Vegetation, Wildlife, and Habitats Across the Corridor . . . . . . .. .. .. . . . .. . . .. . .. . . . .... . 66 .. . & .. . . .. 666. . ... .. 6 Summary of Floristic Quality Assessment .. ... ..... .. . .. .. .. .. .. . .. 0. .. %. . . % .. . . .. . .. . .. . . . .. . . . . . . ... . ..q ... . . .. 14 Macroinvertebrate Sampling and Stream Reconnaissance .. .. .. .. .. 6 .. . . .. b .. . . .0. . o . . o o. . . .. . . . o. . .. .. .. 15 Additional Information and Agency Correspondences .. 0. . .. .. .. .. .. . .. . . ... .. . .. .. . . o . o :. . . . . . . . . . .. . .... 16 SUMMARY OF ECOLOGICAL ASSESSMENT.: .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 18 REFERENCED DOCUMENTS AND BACKGROUND INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . .. . . . 21 CDF PROJECT TEAM CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT LIST OF APPENDICES Each of the following six appendices is located within their own tabbed appendix. APPENDIX I FLORISTIC QUALITY ASSESSMENT AND WILDLIFE INVENTORY DATA APPENDIX II MACROINVERTEBRATE EVALUATION REPORT - APPENDIX III STREAM RECONNAISSANCE FIELD REPORT APPENDIX IV ADDITIONAL INFORMATION REVIEWED APPENDIX V AGENCY CORRESPONDENCES APPENDIX VI PHOTOGRAPHS LIST OF EXHIBITS All of the following exhibits are located within the tabbed Exhibit section. EXHIBIT A SITE LOCATION MAP EXHIBIT B USGS TOPOGRAPHIC MAP EXHIBIT C KENDALL COUNTY SOIL SURVEY MAP EXHIBIT D NWI MAP EXHIBIT E FLOOD INSURANCE RATING MAP LIST OF MAPS All of the following maps are all located within the tabbed Map section. MAP 1 EXISTING VEGETATIVE HABITATS OF UNIT 1 AND UNIT 2 MAP 2 EXISTING VEGETATIVE HABITATS OF UNIT 3 MAP 3 UNITS 1 AND 2 WITH PROPOSED SANITARY SEWER INTERCEPTOR OVERLAY CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT EXECUTIVE SUMMARY In the spring of 2002, the United City of Yorkville initiated an ecological assessment of the Blackberry Creek Corridor. In April of 2002, Conservation Design Forum (CDF) was retained by the City to perform the assessment of the 2.8-mile long corridor, from the Fox River north to Route 47. The following bulleted items summarize the project scope and findings. • The primary focus of the assessment was the section of the corridor from Route 34 upstream to the north end of the Countryside Subdivision . A sanitary sewer interceptor is proposed within portions of this area. The assessment of the corridor from this point north to Route 47, and the corridor from Route 34 south to the Fox River was not as thorough and detailed . • The City and CDF held a public workshop at the beginning of the project in order to present our approach for the ecological assessment, answer questions from local residents, and to gather available information on the project area. • From May through September, 2002, CDF staff conducted numerous site visits to the corridor in order to record information on the plants, animals, and habitats across the project area. Field work also included inventories of aquatic macroinvertebrates within the creek, and an assessment of stream habitat characteristics. • The Blackberry Creek Corridor is a linear. tract of open space that contains several remnant- dependent plants and animals, as well as high-quality aquatic and terrestrial communities. This area is one of the few remaining wooded riparian corridors within northeastern Illinois that still supports remnant fens, unique discharge swamps, and rich floodplain terrace woodlands. • A total of 249 native plants were recorded within Units 1 and 2, and many of these are conservative species that are restricted to remnant plant communities. To our knowledge, four of these plants have never been seen in Kendall County until this survey; these include Violet Cress, Pale Duckweed, Flat-stemmed Pondweed, and Arum-leaved Arrowhead. Also of note are the numerous open-grown, presettlement oak trees, and some of the largest Black Maple, White Ash, Hop Hornbeam, and Sycamore trees that we know of in the Chicago Region; and, the presence of Crooked Aster, found along a discharge zone in Unit 3, a very rare plant known from only a few .other locations in the state. Collectively, the floristic quality results are indicative of a landscape that is of natural area's status. • Species from 15 groups of animals were recorded from the project area and included an uncommon, remnant-dependent mollusk species and ant species. The results of the macro invertebrate inventory and the stream assessment are also impressive and indicate a riparian habitat that is relatively healthy and stable in terms of in-stream characteristics, water quality, and associated mussel and macro invertebrate populations. These results are also corroborated by other studies that were conducted across the project area. • The results of the less-detailed assessment of the corridor south of Route 34 (where a sanitary , sewer line was installed several years ago) indicate that within the areas observed large portions are comprised of less-diverse landscapes that are dominated by weedy stands of Eastern Cottonwood, Reed Canary Grass, and Giant Reed. There are indications that some native plant CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT communities in this area were negatively altered as a result of direct and/or indirect impacts to natural groundwater movement. • Although the exact methods of construction have not been determined, installation of a sanitary sewer interceptor across. portions of the primary study area using conventional means likely would have significant short- and long-term negative impacts on the existing remnant plant communities. Three areas within the primary study area (Areas A, B, and H) are particularly noteworthy and dependent upon a specific groundwater hydrology regime that could be negatively impacted by construction activities. . According to the latest proposed alignment, portions of Areas B and H would be traversed by the sanitary sewer interceptor line. While short-term impacts perhaps could be mitigated through replanting and diligent stewardship, the longer-term impacts to the conservative, remnant-dependant biota, and to micro and macro groundwater movement characteristics would be very difficult to mitigate, and the likelihood of success uncertain at the present level of knowledge. • Fire suppression, flooding, and the on-going neglect from yard waste dumping, etc. continues to degrade these remnant plant communities with every passing season and eventually could cause as much damage as sewer construction activities (or any type of development) through the corridor. • At a minimum, we recommend that a more detailed assessment be undertaken to directly address avoidance, minimization, and restoration measures that should be undertaken if the sanitary sewer intercept project is to proceed. If this is the case, all team members will need to work together in order to minimize damage to these landscapes. The protection and restoration measures that occur during and immediately after construction must be followed by an adequately funded, ongoing restoration and management effort. • Regardless of whether the sanitary sewer intercept project goes forth, a restoration management plan should be prepared by the City for the creek corridor (both north and south of Route 34). The plan should address maintenance and management activities such as control of invasive plant species, protection and stabilization of creek banks, establishment of a buffer area adjacent to the creek, and a controlled burn program. • The most successful way for the City to protect and preserve the Blackberry Creek Corridor and its unique and natural heritage, would be to establish a natural area easement through the corridor to allow for protection and facilitate management in. perpetuity. Through covenants, conditions, and restrictions, the land can be managed according to a restoration management plan, and protected against further degradation from direct and indirect activities such as yard waste dumping, neglect, and construction activities. Finally, an eco-friendly walking trail should be designed and created so these areas can be accessed for passive recreation and educational uses. In this manner, this unique, natural landscape may be celebrated and treasured by the City and all who reside there. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT INTRODUCTION . PURPOSE AND STRUCTURE OF THE ECOLOGICAL ASSESSMENT Conservation Design Forum (CDF) was retained by the United City of Yorkville to perform a comprehensive ecological assessment within a portion of the Blackberry Creek Corridor. The Blackberry Creek Corridor Ecological Assessment includes the following: • A description of the site conditions across the corridor, with an emphasis on the existing plants and vegetation communities. • An inventory and assessment of the fauna, with emphasis on birds, insects, and aquatic macro invertebrates. • Identification of any conservative or rare plant and animal species. A review of available data including various maps of the project site, as well as previous studies/inventories obtained or provided to CDF. • Preliminary correspondences with regulatory agencies regarding endangered and threatened species, and .historic preservation issues: • A summary of these data, and a discussion of impacts and land management issues. Several appendices that contain specific information discussed in the document are located within their own individual tabbed appendix. Five exhibits and three maps that offer important graphic representations of the project site are located in respective tabbed sections at the back of the report. In addition. to this document, CDF and the City held a project workshop in the early summer of 2002 . At this workshop, the public was invited to participate in a review of the project scope and schedule, and they were asked to forward any relevant information they might have on the corridor for review and use in the ecological assessment. PROJECT SITE LOCATION DESCRIPTION, AND SURROUNDING LAND USE The Blackberry Creek Corridor project area is located within the municipal boundary of Yorkville and within unincorporated Kendall County, Illinois. As shown on EXHIBIT A - SITE LOCATION MAP, the project area lies in the north and west portions of Yorkville. As shown on EXHIBIT B - USGS TOPOGRAPHIC MAP, the site is a linear tract of land, approximately 2 .8 miles in length from the Fox River to Route 47, within Sections 20 and 29, T37N, R7E. Based upon the scope of the project, the corridor has been divided into three units as follows: • Unit 1 is the primary focus of the ecological assessment. This unit covers the project area from Route 34 north, past the Countryside Subdivision, and includes approximately two-thirds of the creek corridor to Route 47. (Within Unit 1 is the proposed alignment of a new sanitary sewer interceptor.) • Unit 2 represents the creek corridor north of Unit 1 to Route 47. . • Unit 3 includes that portion of the creek corridor south of Route 34 to the Fox River. A sanitary sewer line was installed within this portion of the creek corridor approximately 20 years ago. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) - PAGE 1 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT The width of the project corridor varied, based upon the extent of open space and/or natural area that was contiguous with the Blackberry Creek. Most of the project area is in private . ownership, with the majority of the adjacent land characterized as single-family residences. North of Route 34, other land uses include a retirement housing facility, cultivated land, and several artificial ponds. South of Route 34, other existing land uses along the corridor include Elmwood Cemetery, Yorkville High School, a youth camp, and cultivated land. SITE INVENTORY AND ANALYSIS METHODOLOGY A detailed site inventory and analysis of Unit 1 was performed in order to understand the quality of the existing plant communities and habitats. All portions of Unit 1 were assessed and mapped based on the vegetative communities present, and all observed wildlife and wildlife habitats were recorded. An inventory of the vegetation within Unit 2 was performed._ In addition, three areas within Unit 2 were assessed more extensively due to their existing remnant character. A general assessment of a portion of Unit 3 was conducted in order to record the existing condition of areas previously impacted by a sanitary sewer line (installed approximately 20 years ago) . Two areas of focus included a linear tract north of the dam along the west side of the creek, and a segment of the creek corridor behind Yorkville High School along the east side of the creek. For both of these areas, the vegetation within the approximate limits of the sanitary sewer line was recorded. In addition to the vegetation and wildlife assessments described above, CDF staff conducted macro i nverteb rate sampling at selected points within the creek channel , as well as a stream reconnaissance along the entire creek corridor. While a comprehensive faunistic survey of the Blackberry Creek Corridor was well outside the scope of this study, notes were made, of most groups of animals that were evident to our wildlife biologist during the site visits. The crepuscular, seasonal, and vagile nature of many animals, however, makes their inhabitancy virtually impossible to detect during a simple survey. One can infer from the diversity and richness of remnant plant communities, upon which a diversity of animals depend, that the faunal diversity will also be quite rich. Vegetation Inventory and Habitat Description Several site visits to the creek corridor were conducted. during the summer of 2002 Qune through early-September). As mentioned above, the main purpose of these site visits was to record the vegetation and document the plant communities across the entirety of Unit 1 ; and to perform less-detailed plant inventories and habitat characterizations for Units 2 'and 3 . Although there are many ways to assess landscapes in order to understand their composition in terms of ecological restoration, - the approach presented herein emphasizes vegetation development and floristic quality assessment (FQA) methodology. A useful method in the determination of the floristic quality for an area is through an analysis of the conservatism and diversity. of species that appear in a plant inventory. The concept of "conservatism" refers to the fundamental character of native plant species to display varying degrees of tolerance to CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) - PAGE 2 OCTOBER 2002 - BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT disturbance, as well as varying degrees of fidelity to specific habitat integrity. As a result, each native species can be assigned a coefficient of conservatism (C value) ranging from 0 to 10, "weedy to conservative," reflecting its disposition within a defined geographic region. In order to determine the extent to which a site contains high-quality, remnant habitats (i . e., those natural areas with intact presettlement structure, composition, and processes), an inventory of the area is required. From the inventory, the FQA generates two fundamental products. The Mean C is the average coefficient of conservatism for a site, and the floristic quality index (FQI) is a statistic derived by multiplying Mean C by the square root of the number of species inventoried. Thus, the FQI is a function of both conservatism and diversity. In general, the larger the site—and. typically, the larger number of habitat types that are lumped within the calculation—the higher the FQI will tend to be. Generally, both Mean C and FQI values should be considered in the evaluation of a landscape. In general, it has been demonstrated that sites with Mean C and FQI values less than 2 .8 and 20, respectively, as surveyed during the growing season are degraded or derelict plant communities, or are very small habitat remnants. Site inventories with Mean C values that approach 3.2 and FQI values in the middle twenties through middle thirties suffer from various kinds of disturbance, but have potential for habitat restoration and recovery. Typically, these areas have a more diverse component of conservative species than could be recreated. When site inventories yield Mean C values greater than 3.4 and FQI values in the upper thirties or higher, one can be confident there is sufficient native character present for the area to be at least regionally noteworthy—such landscapes are irreplaceable in terms of their unique composition of remnant biodiversity. Site inventories with Mean C and FQI values greater than 4.0 and 50, respectively, are unquestionably rare, highly-significant natural areas of statewide importance. The residual remnant character of a community can be assessed by the elimination of all plant species recorded, except for those with a C value of 6 or greater. Due to their reliability to specific habitat conditions, these plants have a strong affinity to grow in habitats to which they have adapted. The assemblage of self-replicating, conservative species within a habitat correlates to the presence of specific combinations of biotic and abiotic factors that support those species. Wildlife Inventory and Habitat Evaluation All birds that were "visually noted or audible" were recorded during site assessments in the months of June, July, and August. During these same visits, all observed insects (dragonflies, damselflies, butterflies, ants, etc.) as well as other invertebrate species such as snails were recorded for each vegetative community. In as much as bird territories overlap the described vegetative communities, species that were heard within close proximity to a community were recorded for that particular area. As with bird species, many insects likely will have a territory greater than where they were recorded. Due to the extensive nature and detail of the site evaluations, only a portion of the creek corridor was inventoried during each visit. Therefore, one cannot compare birds and insects present in one area with another that was evaluated later in the growing season. There are subtle, but distinct differences that occur during the seasonal cycle, such as the timing of CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) - PAGE 3 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT emergence of species (e.g., more insects emerge later in the growing season), as well as behavioral patterns (e.g. , birds do not vocalize as frequently or change their call after completion of brooding) . Evidence of any mammal species (e.g., visual observation, track marks, scat, etc.) was noted during the site assessments. It was decided by the City and CDF that a detailed mammalian study was not within the scope of the ecological assessment. A detailed mammalian survey would require live trapping and a year-round assessment. As mentioned above, the detailed vegetation and habitat assessment provides meaningful data from which the mammal inhabitants of the project area can be surmised . In addition, it was understood that existing data on the wildlife (in particular mammals and birds) within the corridor would be provided to the project team during the initial workshop and incorporated within the document. Macroinvertebrate Sampling and Stream Reconnaissance Three locations were selected where aquatic macroinvertebrates would be sampled within the creek channel . The sample locations were as follows: i Within Unit 1 , approximately 500 yards north of Route 34. • Upstream of the project area, located immediately east of Route 47. Within Unit 3, adjacent to Elmwood Cemetery. The three sample locations were selected based on access, historic RiverWatch macro invertebrate monitoring, and the overall representation of stream reach character. The macroi nverteb rate sampling methodology followed the protocol outlined in the USEPA Volunteer Stream Monitoring: A Methods Manual (EPA 841 , D 95-001 ; April 1995). In addition, various stream morphological characteristics and aquatic habitat components were measured and recorded. In addition, a stream reconnaissance was performed for the corridor, beginning at Elmwood Cemetery and proceeding north to Route 47. Stream characteristics such as channel conditions, riparian corridor/floodplain conditions, and substrate and water quality conditions were recorded. In-stream cover for fish and aquatic organisms were noted as well . . Additional Information and Agency Correspondences Four reports and a letter were reviewed in addition to the fieldwork described above. These include a mussel study, two vegetation inventories, a biological survey report, and a personal letter (from a resident who lives adjacent to the project area). Lastly, correspondences with state and federal agencies were initiated as part of our due diligence to identify potential regulatory issues. RESULTS AND DISCUSSION The results of the site inventory and analysis are discussed below and are presented on a series of visual aids located within tabbed EXHIBITS and MAPS sections at the back of this document. various background data reviewed during the site analysis is referenced appropriately. The five major headings discussed in this section of the report include the following. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) _ PAGE 4 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT 1 ) Review of Topographic, Soil, Wetland, and Floodplain Maps 2) Vegetation, Wildlife, and Habitats Across the Corridor 3) Summary of Floristic Quality Assessment 4) Macroinvertebrate Sampling and Stream Reconnaissance 5) Additional Information and Agency Correspondences Review of Topographic Soil Wetland and Floodplain Maps The general topography and elevation features within the Blackberry Creek corridor are shown on EXHIBIT B . Based upon information obtained from a topographic survey of the project area, conducted by Walter E. Deuchler Associates (Aurora, IL), the creek elevation varies from approximately 602 feet above mean sea level at the south end of Unit 1 , to 610 feet at the farthest north reaches of Unit 1 . At the south end. of Unit 1 , the upland topography varies from 606 feet in elevation on the west side, to 608 feet in elevation on the east side. In the northern portions of Unit 1 , the topography varies from 612 feet in elevation on the west side, to 630 feet in elevation on the east side. The varying elevation between the east (bluff) side and the west (floodplain) side of the creek corridor are similar within Units 2 and 3 as well. The U .S. Department of Agriculture Soil Survey of Kendall County, Illinois was referenced in order to review the soil types across the property. As shown on EXIBIT C — SOIL SURVEY MAP, there are six soil mapping units found within the study area; these are listed in the table below. SOIL MAPPING ( UNIT/SYMBOL SOIL NAME 103* Houghton muck 107* Sawmill silty clay loam 152* Drummer silty clay loam - 210* Lena muck - 318D2 - Lorenzo loam, 7 — 18% slopes, eroded 318E I Lorenzo loam, 18 — 40% slopes - Dumps, and other similar non soil areas w Water The soils listed with an asterisk M are considered hydric soils. Hydric soils can be defined as very poorly drained soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. As indicated . on EXHIBIT C, the majority of the soils within the study area are considered hydric. The two non-hydric soils are located on the bluffs outside the floodplain . The National Wetland Inventory (NWI) map is presented as EXHIBIT D — NWI MAP. The corresponding wetland classification for each of these wetland habitats within the project limits is provided in the table below. As can be noted, several of the artificial ponds, as well as several extensive areas within the Floodplain of Units 1 and 2 have been identified as wetland habitat. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) PAGE 5 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT CODE WETLAND CLASSIFICATION PF01 A Palustrine, broad-leaved forested, temporarily flooded PUBGx Palustrine, unconsolidated bottom, intermittently exposed, excavated R2UBH Riverine, lower perennial, unconsolidated bottom, permanently flooded The flood insurance rate map (FIRM) is presented as EXHIBIT E – FIRM MAP. Broad portions of the creek corridor within Units 1 and 2 are shown as "Zone A3," which corresponds to areas of the 100-year flood . Areas of minimal flooding, "Zone C," are more extensive within Unit 3 . Vegetation, Wildlife, and Habitats Across the Corridor Several site visits were conducted by CDF staff during the months of June through September; 2002, in order to inventory the flora and fauna across the project area. Overall, the Blackberry Creek Corridor can be described as a timbered riparian habitat, with evidence of its high quality still apparent throughout many areas. Due to the topography and a high ground water table, seeps are prevalent along much of the corridor, and evidence of historic seeps was noted throughout. Fen habitat is present along the toe-of-slope across much of the project area, at least north of Route 34. This type of plant community would have been typical where discharge points along the mid-slope to toe-of-slope created fens. A fen is a wetland community that occurs in areas where carbonate-rich ground water discharges along the slopes of river bluffs, moraines, and other such glacial formations; such habitats along the Blackberry Creek Corridor would have been graminoid as well as woody in character. A summary of the existing vegetation, wildlife, and habitats within each unit of the corridor is presented below. As mentioned above, Unit 1 is the primary focus of the corridor assessment. , Within Unit 1 , a total of nine areas were identified (Areas A—q. The locations of these areas are depicted On MAP 1 — EXISTING VEGETATIVE HABITATS OF UNIT 1 AND UNIT 2. For Unit 2, a less-detailed presentation of finding is summarized. Lastly, the results of the assessments for Unit 3 are presented. A total of four areas were identified (Areas J—M) within Unit 3; their locations are depicted On MAP 2 — EXISTING VEGETATIVE HABITATS OF UNIT 3 . More detail On the plant and animal species observed across each area is provided in APPENDIX I . UNIT 1 AREA A – This is a seepage zone located along the west slope of the creek bluff. Although portions are dominated by Reed Canary Grass, the majority of the area is a high-quality fen. The north portion of this community is a woody thicket that is dominated by Blue-fruited Dogwood. Most of Area A is identified on the NWI Map as a palustrine, broad-leaved forested wetland that is temporarily flooded (PF01A) . It was noted during all of the site visits that the soil is spongy and wet throughout. A total of 74 species were recorded in the vegetation inventory, 66 (89 %) of which are native. The FQA resulted in native Mean C and FQI values of 4.4 and 36, respectively. Some of the conservative, remnant-dependent species identified within this habitat include: Bristly Aster, Turtlehead, Swamp Thistle, Sensitive Fern, Great Water Dock, Swamp Goldenrod, and Skunk Cabbage, Nine bird species were recorded within the general vicinity of Area A, including: CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) - PAGE 6 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT American Goldfinch, American Robin, Baltimore Oriole, Black-capped Chickadee, Brown-headed Cowbird, Carolina Wren, Cedar Waxwing, Common Yellowthroat, and Downy Woodpecker. The majority of these birds detected in Area A are typical or characteristic of shrubby wetland environments. The proximity of Area A to Area B, along with the homes lining the slope above the fen, has lead to certain bird species characteristic of all three habitats to be present or utilize resources in Area A. It is the hybridization or proximity of these three habitats to each other that promotes the avian diversity of Area A. The moderate number of felled and dead-standing trees are used by certain primary wood-excavators (e.g., Downy Woodpecker, Hairy Woodpecker, and Red-bellied Woodpecker), and then the secondary use of a non-cavity excavator (e.g., Carolina Wren, House Wren, Black-capped Chickadee, Tufted Titmouse) . The use of the edge habitat by the Eastern Wood Pewee, Indigo Bunting, and the Mourning Dove was common throughout. The Common Yellowthroat, Gray Catbird, Cardinal, and Song Sparrow were commonly detected within those zones of the wetland that supported thickets of Red-osier Dogwood and Blue fruited Dogwood. A total of 24 invertebrate species were noted within Area A. The majority of these were utilizing the plant inhabitants as a food, cover, and/or reproduction habitat. Many of these invertebrates are dependent on specific plant species for their life cycle, and many plant species are dependent on the invertebrates for pollination . Of the 24 invertebrate species recorded, three butterfly species were noted: the Spring Azure, Tiger Swallowtail, and Black Swallowtail . In addition, a very rare species of mollusk, Oxyloma decampi, was common on the foliage of Skunk Cabbage, and detected uncommonly on other plant species within the fen. Also, an uncommon ant species, Dolichoderus mariae, which is typically associated with high-quality, remnant localities, was detected on two occasions. AREA B — This is a seepage terrace and bench system located below the bluff, along the west bank of the creek. Although this area has evidence of seeps throughout, the soil type is not as mucky as was found in Area A. The majority of Area B has also been classified as PF01A wetland habitat. The habitat of Area B is showing signs of degradation due to fire Suppression and surface water runoff conditions. This has resulted in the loss of the topsoil and soil organic matter. Within Area B there are several specimen trees of which the most significant is a 42- inch diameter Sycamore, which grows along the western creek bank. In addition, there are Black Maple trees, one of which is 28-inches in diameter and most likely dates from the presettlement era. Another open-grown specimen, a 41 -inch White Ash, is probably one of the largest White Ash trees alive within the entire Chicago region today. As evidenced by a few remaining open-grown trees, this area was once a savanna-like, riparian habitat with a complex system of discharge zones and upland terraces. Although the area shows signs of historical vegetative significance, the lack of management has promoted succession toward a less diverse wooded habitat dominated by young Green Ash trees. In order to reverse this trend, management that includes selective clearing and prescribed burns should be initiated . A total of 94 species were recorded in the vegetation inventory, 78 (83 %) of which are native. The FQA resulted in native Mean C and FQI values of 3 .8 and 34, respectively. Some of the conservative, remnant-dependent species identified within this habitat include: Green Dragon, Wild Ginger, Black Ash, Sycamore, and Mullein Foxglove. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) PAGE 7 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT Due to the proximity of Areas B, C, and D, there is overlap of fauna usage between these communities. Therefore, the fauna inventory for all of these areas is provided as together. Eleven bird species were recorded within the confines of Areas B, C, and D, including: American Crow, Black-capped Chickadee, Blue Jay, Brown-headed Cowbird, Eastern Phoebe, Gray Catbird, House Wren, Indigo Bunting; Northern Cardinal, Northern Flicker, and Red-bellied Woodpecker. Common mammal species observed within these areas included Fox Squirrel, Gray Squirrel, and Eastern Chipmunk. The feces and tracks of the Raccoon were detected throughout all three areas. Lastly, numerous insect species were observed on different types of vegetation within these areas (see APPENDIX I; Area A). AREA C — This can be characterized as a more degraded version of the seep identified in Area A. The two fens have been dissevered from each other by the development of lawns and residential landscapes. A portion of Area C is identified on the NWI Map as a PF01A wetland. A total of 40 species were recorded in the vegetation inventory, 31 (78 %) of which are native. The FQA resulted in native Mean C and FQI values of 3. 1 and 17, respectively. This habitat contains few conservative species. Some of the more conservative species identified within this habitat include: Swamp Agrimony, GreatAngelica, Ontario Aster, Marsh Fleabane, and Black Walnut. AREA D — This is a discharge wetland that runs parallel to the creek along the west terrace, down slope from the seeps. Area D is part of the wetland habitat on the NWI map that corresponds to Areas B and C. A total of 28 species were recorded in the vegetation inventory, 25 (89 %) of which are native. The FQA resulted in native Mean C and FQI values of 4. 2 and 21 , respectively. Some of the more conservative species identified within this habitat include: Great Angelica, Turtlehead, Blue-fruited , Dogwood, Swamp Goldenrod, and Waxy Meadow Rue. AREA E — This is a meadow located between the creek and the long, artificial pond north of Route 34 (on the east side of the creek) . According to the NWI map, the two artificial ponds located near Area E are wetland habitats; these are classified as palustrine, wetland habitat that has been excavated and consists of an unconsolidated bottom that is intermittently exposed (PUBGx). Within Area E there are intermittently-disposed specimen trees of White Oak and Bur Oak, many of them over 30 inches in diameter, some over 40 inches. Clearly some of these trees date from the presettlement era. Area E can be characterized as an ecotone that interfaces between two habitats, resulting in a large diversity of species. The shrub thickets interspersed within the meadow, and the mature trees of White Ash, Sycamore, White Oak, and Bur Oak provide a rich habitat for numerous bird species. A total of 51 species were recorded in . the vegetation inventory, 33 (65 %) of which are native. The FQA resulted in native Mean C and FQI values of 3 .4 and 20, respectively. Some of the more conservative species identified within this habitat include: Swamp Agrimony, Shagbark Hickory, Blue-fruited Dogwood, White Ash, Yellow Jewelweed, Black Walnut, Sycamore, White Oak, and Bur Oak. CONSERVATION DESIGN FORUM (PROJECT No. 02034.00) PAGE 8 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT Seventeen bird species were recorded within the vicinity of Area E, including: American Goldfinch, Belted Kingfisher, Black-capped Chickadee, Chipping Sparrow, Common Yellowthroat, Eastern Wood Pewee, , Gray Catbird, House Sparrow, Indigo Bunting, Northern Cardinal, Northern Flicker, Red-bellied Woodpecker, Red-eyed Vireo, Red-tailed Hawk, Red-winged Blackbird, Warbling Vireo, and Yellow Warbler. Mammal species detected one to several times within Area E included Eastern Chipmunk, Eastern Cottontail, and Eastern Mole. Other fauna noted during the June site visit included insect species of Widow Skimmer, the Twelve-spot Skimmer (two common dragonfly species), and a flying Red-spotted Purple Butterfly. The Bull Frog and the Green Frog were also common . AREA F — This is a woodland thicket on the east side of the creek, located on a floodplain terrace, south of a bluff system to the north. According to the NWI map, the artificial pond located near Area F is a wetland habitat, and is classified as a PUBGx wetland. Within the north portion of Area F, there is mowed turf with several midsize Black Walnut and a few specimen Bur Oak trees. The remaining portion of Area F is a disturbed floodplain thicket that is similar to Area B. Most of the trees present are less than 35 years old. A total of 27 species were recorded in the vegetation inventory, 23 (85 %) of which are native. The FQA resulted in native Mean C and FQI values of 3 . 1 and 15, respectively. Some of the species identified within this community include: Wingstem; Nodding Fescue, Black Walnut, Bur Oak, Wild Gooseberry, American Linden, and Cream Violet. Four birds were recorded within the vicinity of Area F, including: Carolina Wren, Northern Cardinal, Downy Woodpecker, and Tufted Titmouse. Mammal species noted included an albino Gray Squirrel and a brood of Eastern Cottontail . A Bull Snake was observed as it traversed the creek during the September site visit. AREA .G — This is a high, steep bluff that runs along the east side of the creek. The vegetation present shows evidence of a historic mesic savanna community. Unfortunately, much of this bluff habitat has been severely impacted and is nearly destroyed from yard waste deposition . The extensive piles of green mulch and leaf debris have smothered much of the vascular plant community as well as the root zone of trees along the upper reaches of the bluff. For instance, a 16-inch Hop Hornbeam tree, one of the largest we have seen, has all but expired from lawn waste that smothers its root zone. This flagrant dumping of yard waste along the bluff has also contributed to the erosion of the bluff due to the loss of vegetation by which the root zone binds soil particles and naturally stabilizes the slope. A total of 51 species were recorded in the vegetation inventory, 45 (88%) of which are native. The FQA resulted in native Mean C and FQI values of 3 . 8 and 26, respectively. Some of the more conservative species that still persist within portions of this community include: Wild Ginger, Wood Gray Sedge, Bitternut Hickory, Black Ash, Sharp-lobed Hepatica, White Oak, Red Oak, and Broad-leaved Goldenrod. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) PAGE OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT Due to the proximity of Areas G, H, and I, the fauna observations have been grouped for these areas. Ten bird species were recorded within the confines of these three areas, including: American Goldfinch, Black-capped Chickadee, American Robin, Blue Jay, Gray Catbird, Great-crested Flycatcher, House Wren, Northern Cardinal, Tufted Titmouse, and White-breasted Nuthatch. Some of the bird species detected in these areas are inhabitants of a transitional habitat with a shrubby matrix (House Wren, Gray Catbird, and Northern Cardinal) . Several of the bird species (House Wren, Great-crested Flycatcher, Black-capped Chickadee, White-breasted Nuthatch; and Tufted Titmouse) are either primary or secondary cavity nesters and are present due to the random• distribution of dead tree specimens throughout these areas. Four ant species, (Camponotus americanus, C. pennsylvanicus, Lasius niger neoniger, and Prenolepis imparis) were detected throughout these areas. Camponotus americanus is the most conservative of the ant species noted above and within the Chicago region; it is a denizen of ancient remnant woodland ecosystems. In addition to the above-identified ants, several other insect species were noted on various types of vegetation (see APPENDIX i; Area H) . Along the wooded bench, several entrances of the Groundhog were noted. In addition, during a June site assessment, two Red Fox (a mother and one of her young) were seen at the north end of Area G, between the top of the bluff and the cultivated land . AREA H — This is a large discharge swamp that lies at the foot of the high bluffs on the east bank of the creek, and is located within the northern extent of the proposed project area. Area H lies within what is classified as a PF01A wetland on the NWI Map. Although this habitat and the adjacent communities suffer from fire-suppression and recent years of flooding, the discharge wetland system contains a high level of remnant diversity, including the rare Violet Cress (iodanthus pinnatifidus), which had been unknown to grow in Kendall County until this survey. A total of 52 species were recorded in the vegetation inventory, 46 (89%) of which are native. The FQA resulted in native Mean C and FQI values of 4. 3 and 30, respectively. In addition to Violet Cress, other conservative, remnant-dependent species identified within this habitat include: Great Angelica, Black Ash, Illinois Rose, Swamp Goldenrod, and Skunk Cabbage. AREA I .— This is a terraced bench within the floodplain that has been overgrazed in the past and more recently has been impacted by exaggerated surface runoff from development within the Blackberry Creek watershed. Much of this area, especially along the west side, is a thicket that is dominated by Blue-fruited Dogwood and Multiflora Rose shrubs. Several Hackberry and Peach-leaved Willow trees that range from approximately 14 to 18 inches in diameter were noted within Area I as well . Portions of this area were inundated during the June site visit, and the lower 'channel-like' wetland habitats are connected with the discharge swamp of Area H . According to the NWI map, all of Area I is classified as a PF01A. A total of 71 species were recorded in the vegetation inventory, 62 (87%) of which are native. The FQA resulted in native Mean C and FQI values of 3 . 5 and 27, respectively. Some of the more conservative species identified within this habitat include: CONSERVATION DESIGN FORUM (PROJECT No. 02034.00) PAGE 10 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT Great Angelica, Wild Ginger, Swamp Tickseed, Blue-fruited Dogwood, Sweet-scented Bedstraw, Black Walnut, Sycamore, and Great Plains Ladies' Tresses. UNIT 2 Unit 2 is located north of Unit 1 (see MAP 1 ). The ecological assessment of Unit 2 was not as detailed and thorough as conducted for Unit 1 , since the alignment of the proposed sanitary sewer interceptor is not planned through this region of the corridor. Nevertheless, this portion of the corridor was assessed during two site visits, and there are similar high-quality habitats within Unit 2 as is present in Unit 1 . Three habitats that were identified during our assessment of Unit 2; these include: • floodplain backwater • remnant wooded terrace • fen complex The floodplain backwater areas are generally degraded and are dominated by Reed Canary Grass. The remnant wooded terraces have several impressive trees, including large specimens of Bur Oak and Red Oak. There are also several Black Ash trees that are as large as 15 inches in diameter, which is quite large for this species. The common presence of Black Ash across portions of Unit 2 indicate that this area is a remnant, wooded fen; and the regeneration of Black Ash, which was noted during the site assessment, indicates an active seep condition. `. There is also a large fen complex within Unit 2. This community is part of the Schessler Fen, a recognized, high-quality natural area—more discussion of this area is presented below in the Additional Information and Agency Correspondences section of this report. Within this fen habitat, several mosses were noted, including Mnium punctatum, a rare moss that is typically encountered in high-quality, discharge wetlands, especially in the hydro-mesophytic swamp forests within the dunal complexes of the Indiana and Michigan dunes. Two vascular plants were recorded as new . to Kendall County. These include Pale Duckweed (Lemna valdiviana) and Arum-leaved Arrowhead (Sagittaria cuneata); the duckweed has only been collected within two counties of the Chicago region flora. Several bird species similar to those noted within Unit 1 were present within the reaches of Unit 2. In addition, numerous insects including dragonflies, butterflies, and beetles were detected. Mammals that were observed include Gray _ Squirrel, Fox Squirrel; and Eastern Chipmunk. A more detailed listing of the species observed within Unit 2 during the site assessments is provided in APPENDIX I . UNIT 3 As stated above, the project scope did not include a detailed assessment of Unit 3, but rather a cursory review of the vegetative communities present today and the inference of impact, if any, from the installation of a sanitary sewer line (approximately 20 years ago). A total of four habitats (Areas J—M) were assessed within Unit 3, and general plant inventories for each of these habitats were recorded. The locations of these areas are depicted on MAP 2 . More CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) PAGE 11 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT specific detail on the flora and fauna observed during the site assessment is provided in APPENDIX 1 . AREA J — This is located along the two-track road north of River Road, on the west side of Blackberry Creek. Based on mapping provided by Walter E . Deuchler Associates, it appears that the placement of the sewer line was contiguous to the two-track, and there is evidence of overburden within this area. Based on the presence of several remnant species, it appears that the sewer line was installed through a discharge woodland community similar to that which is still intact north of Route 34. While some of the original plant community remains, the excavation and compaction that resulted from the construction activities and/or construction traffic may have resulted in the interruption of groundwater discharge to this area. It was also apparent that there are no conservative tree species present within the backfill areas in the southern portion of this community. Further north, an even-age stand of cottonwood trees has established subsequent to the disturbance. A total of 133 species were recorded in the vegetation inventory, 101 (76%) of which are native. The FQA resulted in native Mean C and FQI values of 3 . 5 and 36, respectively. Some of the conservative, remnant-dependent species identified within this habitat include: Swamp Agrimony, Ohio Horse Mint, Marsh Bellflower, Wood Gray Sedge, Redbud, White Grass, Wafer Ash, Mullein Foxglove, Skunk Cabbage, and Golden Alexanders. AREA K — This is a small backwater wetland adjacent to Area J . Based on the species present, there does not appear to be groundwater discharge at the toe-of-slope. The high water marks on the trees within this wetland indicate that significant water level fluctuations occur in this area. A total of 39 species were recorded in the vegetation inventory, 34 (87%) of which are native. The FQA resulted in native Mean C and FQI values of 3 .3 and 19, respectively. Some of the species identified within this habitat include: Silver Maple, Common Hop Sedge, Common Fox Sedge, Buttonbush, Spotted Joe Pye Weed, Blue Flag, Great Blue Lobelia, and Wild Black Currant. AREA L — This area is located on the east side of the creek behind Yorkville High School, along a former discharge zone at the toe-of-slope. Due to the presence of a brushy thicket and the lack of any conservative trees, it appears the sanitary sewer line was installed through this section of the floodplain. This disturbed habitat may also , be the result of a more recent sewer line installation that occurred in this area in 1997. In any regards, with the presence of certain conservative species such as Crooked Aster on the edge of this area, it can be inferred this was once a high-quality fen. Crooked Aster is a very rare plant in the Chicago region and is known from only a few scattered locations in all of Illinois. One of these locations is in Kendall County where it was seen on a hillside seep south of Van Emmon Road; there it was recorded along with 184 other native plants that yielded Mean C and FQI values of 5.0 and 68, respectively. For Area L, a total of 59 species were recorded in the vegetation inventory, 49 (83 %) of which are native. The FQA resulted in native Mean C and FQI values of 3 .5 and 24, respectively. In addition to Crooked Aster, other conservative species identified within this habitat include: Yellow Giant Hyssop, Wild Ginger, Wood Mint, Black Ash, White Grass, and Wild Black Currant. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) PAGE 12 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT AREA M – This is a woodland community located adjacent to Area L that includes disturbed and relatively undisturbed mesic woods. There are numerous native species within the undisturbed portions of these woods, and given appropriate stewardship activities, this area could potentially become a significant natural area. Within the disturbed portions of Area M, however, there is much less native diversity. There is evidence, based on the presence of Black Ash, that a wetter habitat had previously existed. The reproducing trees are American Linden, which is a new demography from the Black Ash. This is an indication the area is drier than in the past, probably due to the sewer line installation. A total of 79 species were recorded in the vegetation inventory, 74 (94%) of which are native. The FQA resulted in native Mean C and FQI values of 4.5 and 39, respectively. These relatively high values are the result of several native species inventoried from the undisturbed portion of this area. , Some of the conservative, remnant-dependent species identified within this habitat include: Green Dragon, Wild Ginger, Blue Beech, Redbud, Pagoda Dogwood, Wild Yam, Black Ash, Yellow Honeysuckle, Sycamore, and Skunk Cabbage. The fauna observations within these four areas were grouped together. Thirteen birds were recorded within the vicinity of Areas J—M, including: American Goldfinch, Black-capped Chickadee, American Robin, Common Grackle, Gray Catbird, Northern Cardinal, Blue Jay, Indigo Bunting, Red-tailed Hawk, Red-bellied Woodpecker, Song Sparrow, Yellow-billed Cuckoo; and Yellow-rumped Warbler (migrating). The Green Frog was common in the ponded water along the two-track road within Area J . The Viceroy Butterfly was common throughout this linear strip, in accordance with the abundance of its preferred host plants, such as Sandbar Willow and Black Cherry. The Question Mark Butterfly was commonly encountered, due to the diversity of its preferred host plants, including American Elm, American . Linden, Hackberry, False Nettle, and Tall Nettle. The Red-spotted Purple Butterfly was also common, its host plants are essentially those described for the Viceroy Butterfly. The Hackberry Butterfly was detected on the ground near ponded water of the .two-track road. The European Skipper was abundant due to the presence of Timothy Grass. The Orange Sulphur and the Clouded Sulphur were common throughout open microsites that support Red Clover. As in Area G within Unit 1 , two species of ants were detected in Unit 3. The most common was Camponotus pennsylvanicus; and C. americanus, the more conservative species, is a qualitative testament to the remnant habitat of the Blackberry Creek , Corridor in general . Its long-life phenological life history plus the high prevalence of dead tree specimens are two reasons why this ant is still a strong representative at this location. Visual observations of Fox Squirrel and Eastern Chipmunk were noted, as were the mechanical damage to several trees caused by Beaver. Tracks of the Raccoon and White-tailed Deer were common. In addition, the serpentine and raised burrows of the Eastern Mole were uncommonly detected. i CONSERVATION DESIGN FORUM (PROJECT NO. 02034,00) PAGE 13 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT Summary of Floristic Quality Assessment A summary of the FQA results for Unit 1 (Areas A-1) and Unit 3 . (Areas J—M) is presented in the table below. A less-detailed assessment of the habitats within Unit 2 was performed, and therefore these data are not included in this summary/comparison . The table includes the number of native species, Mean C, FQI, and percent weeds for each of these 13 areas. Within Unit 1 , the conditions encountered and data indicate that Areas A, B, and H are the three most significant habitats within the unit. Although they suffer from various impacts as described earlier, these three areas. have sufficient native character to be at least regionally noteworthy and are irreplaceable in terms of their unique composition of remnant biodiversity. It should be noted that the route of the proposed sanitary sewer interceptor extends across portions of Areas B and H . Although the remaining six areas within Unit 1 suffer from various disturbances, as a whole they have good potential for habitat recovery given appropriate land management. I Within Unit 3, Areas J, K, and L are similar in floristic quality to all but Areas A, B, and H of Unit 1 . The FQA results for Area M are the highest of all areas identified within the two units. It should be noted, however, that although a portion of Area M included land disturbed from the installation of a sanitary sewer line, much of the area assessed included undisturbed woodland that was not impacted, either directly or indirectly, by construction activities. AREA NATIVE SPECIES MEAN C FQI % WEEDS _. A 66 4.4- 36 11 B 68 3.8 34 17 C 31 3. 1 17 23 D 25 4.2 . 21 23 E 33 3.4 20 36 F 23 3. 1 15 15 G 45 3 .8 26 12 - H 46 4.3 30 12 I 62 3.5 27 13 M J 101 3.5 36 24 K 34 3.3 19 13 L 49 3.5 24 17 M 74 4.5 39 6 In addition to the individual plant inventories and FQA data for each area as summarized in the table above, the end of APPENDIX I also contains a comprehensive vegetation inventory and FQA of each unit within the corridor.. A summary of these data is as follows. o The Unit 1 inventory recorded a total of 268 plant species, 209 (78 %) of which are native. A total of 45 (22 6/o) native species have a C value of 6 or greater. The composite FQA for Unit 1 resulted in native Mean C and FQI values of 4 . 1 and 59, respectively. ® The Unit 2 inventory recorded a total . of 201 plant species, 169 (84 %) of which are native. A total of 41 (22 %) native species have a C value of 6 or greater. The composite FQA for Unit 2 resulted in native Mean C and FQI values of 4.2 and 55, respectively. CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) PAGE 14 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT • A compilation of the Unit 1 and Unit 2 inventories yield a total of 312 plant species, 249 (80%) of which are native. A total of 61 (25 %) native species have a C value of 6 or greater. The composite FQA for Units 1 and 2 resulted in native Mean C and FQI values of 4.2 and 67, respectively. • The Unit 3 inventory recorded a total of 197 plant species, 160 (81 %) of which are native. A total of 32 (20%) native species have a C value of 6 or greater. The composite FQA for Unit 3 resulted in native Mean C and FQI values of 4.0 and 50, respectively. As discussed under the methodology section of this report, site inventories with Mean C and FQI values greater than 4.0 and 50, respectively, are significant natural areas. The high floristic values for Unit 1 , Unit 2, and Units 1 and 2 combined are the direct result of the diversity of native habitats still present within this riparian ecosystem . Overall, the uniqueness of a riparian corridor such as this naturally creates a diversity and complexity of habitats along the hydrologic gradient of the system . Although the collective FQA data from the four areas assessed within Unit 3 are indicative of a high-quality natural area, much of this diversity is from those portions of Area M that were not impacted from the sanitary sewer line installation. In general, much of the area observed within Unit 3 can be characterized as disturbed monocultures of Eastern Cottonwood, Reed Canary Grass, and/or Common Reed. Macroinvertebrate Sampling and Stream Reconnaissance The results of the macroinvertebrate sampling are presented in APPENDIX. 11. The following is a summary of the results. See MAP 1 for the locations of the three sampling sites. • Based on the macroinvertebrate and stream inventories, Blackberry Creek is a good- to very good-quality stream throughout the entire project area. • Water quality and habitat are sufficiently good to support a diverse and thriving community of aquatic macro invertebrates. • The sampling site within Unit 1 ("Site 2;" see APPENDIX II) had the greatest density and diversity of macro i nvertebrates of the three sites sampled. This was a direct result of the excellent in-stream habitat conditions, coupled with what is most likely good water quality. Some of the species collected from this sampling site are only found in a specific environment typically of a high velocity, large cobble riffle habitat. This portion of the creek was a prime example of top-quality, aquatic habitat that would support not only a rich macroinvertebrate community; but also a good quality fishery. • In comparison, the upstream and downstream sampling sites were somewhat habitat deficient, which resulted in fewer taxa and organisms collected, although about the same percentages of water quality sensitive taxa were collected at all three sites. The results of the stream reconnaissance are presented in APPENDIX III . The following is a summary of the results. • Two stream reaches were included in the assessment. One reach consisted of the stream channel from Elmwood Cemetery north to Route 34 (northern portion of Unit 3). The second reach consisted of the stream channel from Route 34 north to Route 47 (Units 1 and 2). - CONSERVATION DESIGN FORUM (PROJECT No. 02034.00) PAGE 15 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT • Overall, within the two creek reaches that were assessed, Blackberry Creek consists of a natural stream channel with high sinuosity and a generally well-developed pool-riffle sequence. As a result, habitat was diverse and in very good condition along much of these two reaches. • The channel width varies from 20-60 feet, with flow velocities ranging from 0.5 to 3 .0 ft/sec, and water depths from 0.5 to 2 .5 feet. A stream system that has a baseflow in mid-July with these velocities and water depths is indicative of a perennial stream that is groundwater based. • There was evidence along the stream that bank erosion problems are moderate, primarily on the outside bends in the stream channel . Some areas display severe erosion conditions where debris accumulations have deflected streamflows into the banks and where there is mowed turf to .the edge of the bank. • Debris lines and other evidence indicate that the creek experiences high stream flows from time to time. • The stream channel and immediate overbank were intact in many areas; however, there. were numerous intrusions of mowed turf lawns. Virtually all of these areas of intrusion suffer from moderate to severe streambank erosion. • Blackberry Creek within the study reach is quite steep (10 to 20 feet per mile) relative to many streams in northeastern Illinois and as a result, has a relatively high sediment transport capacity. Although there is evidence of high sediment loads to the creek (streambank erosion and upstream watershed conditions), sedimentation within the majority of the creek reaches is quite low because of the high sediment transport capacity of the system. Additional Information and Agency Correspondences Five other documents were made available for use in our ecological assessment of the creek corridor.. Each of these is provided in their entirety in APPENDIX IV. A summary of each of these documents is presented below. (None of these studies were performed by CDF staff and the data has not been verified; but each of the agency ecologists is well-respected in their field.) (1 ) On July 261h, 2002, a mussel collection was performed along Blackberry Creek, north of Route 34. The results of the collection were prepared by Mr. Roger Klocek, a Senior Conservation Biologist at the Shedd Aquarium. A total of 6 living species were collected. These species ranged from rare to relatively uncommon to common based on their distribution in Northern Illinois. A number of specimens of the Fluted Shell (Lasmigona costata) were found during the collection. This species is considered rare, which potentially makes it a candidate for consideration under the state's endangered species guidelines. In addition to the live specimens, six additional species of dead shell mussels were identified . One species, the Slippershell (Alasmidonta viridis), is a state-threatened species: The remaining recovered dead shell species are considered common to moderately common . Mr. Klocek's conclusions state that this lower section of Blackberry Creek rates as a borderline "Class A" stream, which is a rare occurrence in Northeastern Illinois. . He also indicates that the mussel fauna within the creek is probably more diverse than their assessment determined based on the presence of additional species that were not recovered as live specimens. (2) On June 26`h, 2002, Mr. Wayne Lampa, formerly with DuPage County Forest Preserve, was retained by The Save Blackberry Creek Campaign to conduct a floristic quality assessment CONSERVATION DESIGN FORUM (PRO)Ecr NO. 02034.00) PAGE 16 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT along Blackberry Creek. Mr. Lampa walked the approximate route of the proposed sewer line to assess the vegetation. During his site visit, Mr. Lampa identified a total of 174 species of which 137 (79%) are native. A state-threatened species, Green Yellow Sedge (Carex viridula), was recorded from the site. Mr. Lampa's report briefly described the habitat, and noted the good diversity of plant species found during his site visit. He also expressed concern over the potential impact to groundwater flows and to the ecosystems along the creek banks if the sewer line is installed, and identified present impacts to the habitats from the deposition of grass clippings and other yard wastes. (3) The third document is a letter (dated June 10`h, 2002) provided by Ms. Mary Ratos of Yorkville. She described her fondness of the area and kindly provided a list of bird and other wildlife observed within the creek corridor. Included in her letter is a list of mammal species considered by her to reside within the Blackberry Creek riparian ecosystem. Some of these mammals include common species such as Skunk, Opossum, etc. She also noted the presence of less common species such as Red Fox, Gray Fox, and Mink. In addition to the mammal list, she included a list of 84 bird species (identified by Ms. Ratos and Audubon enthusiasts) that have been sighted along the creek corridor between Route 34 and the northern edge of Countryside Subdivision. (4) In 1997, Illinois Department of Natural Resources (IDNR) conducted a fish survey of Blackberry Creek. The lower section of their study consisted of the creek from Route 47 to the confluence with the Fox River. Sampling within the lower watershed stations resulted in higher numbers of intolerant fish species and lower percentages of tolerant fish species. Sampling station BBC-6 was located behind the Yorkville High School . The Index of Biotic Integrity (IBI) ( for this site was 42, which resulted in a biological stream characterization rating of "Class B," which is designated as a Highly Valued Aquatic Resource. The IBI value is the sum of 12 metrics based on the fish population composition, quality, and abundance; and can range from 12 to 60 (low to high rating). A total of 16 fish species and 15 macro invertebmte taxa were collected at this sampling station. The Macroinvertebrate Biotic Index (MBI) was 4. 79, resulting in a water quality rating of "Good. " The MBI is similar to the IBI, except it assesses the composition, quality, and abundance of invertebrate populations; and generally ranges from 0 to 10. For the MBI, a lower number, indicates higher quality habitat. (5) On May 10h, 1995, a floristic quality assessment of the Schessler Fen was prepared by Gerould Wilhelm of The Morton Arboretum . This area is located within Unit 2, on the west side of Blackberry Creek (see MAP 1 ). A total of 56 species were identified during the plant inventory, 50 of which are native (89 %). The vegetation inventory provided native Mean C and FQI values of 4. 3 and 31 , respectively. Information was requested from state and federal agencies as part of the project scope in order to identify potential critical habitats and sensitive areas within the corridor. Three correspondences were initiated. Each of these is provided in their entirety in APPENDIX V; a summary of each is presented below. (1) An Illinois Department of Natural Resources (IDNR) Consultation Agency Action Report was completed by CDF (dated August 28`h, 2002), which requested any available information on state-endangered or threatened (E&T) species and designated natural areas within the vicinity ( of the project area. A species is considered endangered if it is in danger of extinction as a breeding species in Illinois. A state-threatened species is any breeding species that likely is to CONSERVATION DESIGN FORUM (PROJECT No. 02034.00) PAGE 17 OCTOBER 2002 - BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT become state-endangered within the foreseeable future in Illinois. The response to our letter (dated September 15`h, 2002) indicated that there are no known E&T species within the project area. Although there were no known E&T species recorded in our assessments, CDF did identify several dozen conservative, remnant-dependant species. As mentioned above, Green Yellow Sedge, a state-threatened species, was recorded by Wayne Lampa during his vegetation inventory of the project area; and a dead shell of the state-threatened Slippershell was recorded during the mussel survey. (2) Walter E. Deuchler Associates initiated correspondence with the U.S. Fish and Wildlife Service ( USFWS) regarding the presence of any federally-listed species and critical habitats within the vicinity of the project area. The USFWS response (dated March 41h, 2002) was provided for review. Although not specifically identified within the project area, the brooding habitat of the federally-endangered Indiana Bat is potentially present within the creek corridor due to the mature tree growth (greater than 15 % forest cover), presence of permanent water, and potential roost trees. A federally-endangered species is any species that is in danger of extinction throughout all or a significant portion of its range. A federally-threatened species is any species that likely is to become an endangered species within the foreseeable future. (3) CDF requested information from the State Historic Preservation Officer regarding the presence of any historic structure(s) or other cultural resources within the vicinity of the project site that would be protected under the National Historic Preservation Act. Based on the response letter from the Illinois Historic Preservation Agency (dated September 20`h, 2002), one previously known archaeological site lies within the vicinity of the project area. In addition, the letter states that a Phase I archaeological reconnaissance survey would likely be required for Unit 1 of the corridor prior to the commencement of any construction activities, because this area has not been surveyed and may contain other prehistoric/historic archaeological resources. The required survey would be prompted by the issuance of any federal agency permits, funding, grants, etc. SUMMARY OF ECOLOGICAL ASSESSMENT The Blackberry Creek Corridor is a linear tract of open space that contains several remnant- dependent plants and animals, as well as high-quality aquatic and terrestrial communities. This area is one of the few remaining wooded riparian corridors within northeastern Illinois that still supports remnant fens, unique discharge swamps, and rich floodplain terrace woodlands. One quarter of the 249 native plants recorded within Units 1 and 2 have C values of 6 or greater. To our knowledge, four of these conservative species have never been recorded in Kendall County until this survey; these include Violet. Cress, Pale Duckweed, Flat-stemmed Pondweed, and Arum-leaved Arrowhead. Also of note are the numerous open-grown, presettlement oak trees, and some of the largest Black Maple, White Ash, Hop Hornbeam, and Sycamore trees that we know of in the Chicago Region; and, the presence of Crooked Aster, found along a discharge zone in Unit 3, a very rare plant known from only a few other locations in the state. Although faunal sampling was beyond the scope of this project, one can infer from the diversity of animals recorded and from the structure and remnant nature of many of the native plant communities—upon which a diversity of animals depends—that the faunal diversity is also quite CONSERVATION DESIGN FORUM (PROJECT NO. 02034.00) PAGE 18 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT rich for this area. Animal species were recorded within the following groups: Acari, Araneae, Coleoptera, Diptera, Hemiptera, Homoptera, Hymenoptera, Lepidoptera, Mammalia, Mollusca, Odonata, Passiformes, Piciformes, Rodentia, and Thysanoptera. Riparian ecosystems such as the Blackberry Creek Corridor not only contain a rich diversity of plant and animal life, but also function for water quality and flood attenuation . Where there is adequate buffer to the creek (i .e., areas containing natural vegetation—not mowed turf), the landscape provides filtering of runoff and helps with bank stabilization. Where still intact, the groundwater seeps provide cooler water temperatures, and the presence of mature trees adjacent to the streambank aids in reducing radiant heat and helps to increase humidity levels. The subtle and unique interrelationships between the biotic components (living organisms including insects, fungi, bacteria, etc.) and the abiotic features (physical and chemical properties such as topography, water source, humidity/moisture/temperature conditions, light penetration, etc.) provide a precise flow of energy and nutrients (production, exchange, and breakdown) within the community—and in ways that we have only begun to explore in this assessment. As indicated in the habitat assessments, the areas investigated within Unit 3 still contain many native plants and animals—in spite of direct and indirect impacts from the installation of a sanitary sewer line approximately twenty years ago (and perhaps other activities such as vehicle paths) . In general, negative impacts that appear to have resulted from these activities include the disruption of natural groundwater seepage, the removal of conservative native plant and animal populations, and the growth of weedy vegetation. Although a detailed assessment of Unit 3 was not conducted as part of the project scope, portions of this landscape south of Route 34 that were observed are dominated by Eastern Cottonwood, Reed Canary Grass, and Giant Reed—these are typically homogeneous landscapes that provide very little in terms of habitat diversity. Although disturbed from past and present land use activities, the Blackberry Creek Corridor as a whole is an irreplaceable, unique landscape. The rich vegetative diversity correlates to a rich diversity of fauna .species because it provides an array of food sources. Furthermore, the diversity of available habitat structure has a direct relationship to available breeding and foraging guilds for birds (resident and migratory), insects, macroinvertebrates, amphibians and reptiles, and mammals. Fire suppression, flooding, and the on-going neglect from yard waste dumping, etc. continues to degrade these remnant plant communities with every passing season and eventually could cause as much damage as construction activities within the corridor. Construction of a sanitary sewer interceptor across portions of Unit 1 (in particular Areas B and H as proposed—see MAP 3) would likely have profound, negative, and in some cases, immitigable impacts on these remnant landscapes. Area A (although not directly affected by the current proposed alignment) could be indirectly impacted as well . At a minimum, it is recommended that a more detailed assessment be initiated to directly address avoidance, minimization, and restoration measures that should be undertaken if the sanitary sewer intercept project is to proceed. If this is the case, all team members should work together to minimize damage to these landscapes. The protection and restoration measures that occur during and immediately after construction must be followed by an adequately funded, ongoing restoration and management effort. CONSERVATION DESIGN FORUM (PROJECT No. 02034.00) PAGE 19 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT Regardless of whether the sanitary sewer intercept project goes forth, a restoration management plan should be prepared by the City for the creek corridor (both north and south of Route 34) . The plan should address maintenance and management activities such as control of invasive plant species, protection and stabilization of creek banks, establishment of a buffer area adjacent to the creek, and a controlled burn program. The most successful way for the City to protect and preserve the Blackberry Creek Corridor and its unique and natural heritage, would be to establish a natural area easement through the corridor to allow for protection and facilitate management in perpetuity. Through covenants, conditions, and restrictions, the land can be managed according to a restoration management plan, and protected against further degradation from direct and indirect activities such as yard waste dumping, neglect, and construction activities. Finally, an eco-friendly walking trail should be designed and created so these areas can be accessed for passive recreation and educational uses. In this manner, this unique, natural landscape may be celebrated and treasured by the City and all who reside there. i CONSERVATION DESIGN FORUM (PROJECT No. 02034.00) PAGE20 OCTOBER 2002 BLACKBERRY CREEK CORRIDOR ECOLOGICAL ASSESSMENT REFERENCED DOCUMENTS AND BACKGROUND INFORMATION The following documents were assembled and reviewed as part of the preparation of the Blackberry Creek Corridor Ecological Assessment. Deuchler, Walter E. & Associates, Inc. 2002. Topographic map of project area. Aurora, Illinois. Federal Emergency Management Agency. 1982. Flood Insurance Rate Map, Community Panels 170341 0020C and 170347 0001 B . Klocek, R. 2002. Summary report on the mussel collection from Blackberry Creek 7-26-02. Lampa, W. 2002 . Report on the floristic quality along Blackberry Creek north of Rt. 34 in Yorkville, Illinois. Ratos, M. 2002. (Personal) letter to Becca Cerf. Rung, R. and S. Pescitelli. 1998. Blackberry Creek 1997 biological survey. Illinois Department of Natural Resources. Plano, Illinois. Swink, F. and G . Wilhelm. 1994. Plants of the Chicago Region, 4`h edition. Indiana Academy of Science. Indianapolis, Indiana. Taft, J., G . Wilhelm, D. Ladd, and L. Masters. 1997. Floristic Quality Assessment for Vegetation in Illinois: A Method for Assessing Vegetation Integrity. Erigenia 14, pp.3-95 . The Morton Arboretum. 1996. A vegetation inventory of Schessler Fen . Lisle, Illinois. The Sidwell Company. 1999. Aerial photographs (1 :200 scale) of the project corridor. St. Charles, Illinois. U .S. Department of Agriculture. 1978. Soil Survey of Kendall County, Illinois. Washington, D.C. U .S. Fish and Wildlife Service. 1983. National Wetlands Survey, Yorkville, Illinois. Regional Director Region III. Twin Cities, Minnesota. U .S. Geological Survey. 1993 . Topographic Map, Yorkville Quadrangle. Reston, Virginia. Wilhelm, G . and L. Masters. 1999. Floristic Quality Assessment and Computer Applications. Conservation Research Institute. Elmhurst, Illinois. CONSERVATION DESIGN FORUM (PROJECT No. 02034.00) - - PAGE 21 . CDF PROJECT TEAM The following six sheets are one-page resumes of key CDF project team members for the Blackberry Creek Corridor Ecological Assessment. Becca L. Cerf Wetland Specialist EDUCATION A representative sampling of project Butterfield Creek Steering Committee, M.S., Environmental Biology, Governors experience is presented as follows: Flossmoor, Illinois. Assessment of existing State University, University Park, Illinois habitat and recommendations for (1992). - Wetland Habitat Investigations ions wetland protection and restoration for Extensive experience conducting wetlond headwaters of watershed. ( 1998). B.A., Business Administration, Governors investigations. Responsibilities include project State University, University Park, . Illinois management: multiparometer delineation, Department of Environmental Concerns, ( 1988). preparation of technical reports, mitigation DuPage County, Illinois. Assessment of plans and permit applications, and wetland vegetation zones and overall evaluation of PROFESSIONAL ACTIVITIES - monitoring, several mitigated wetlands in DuPage Society of Wetland Scientists, Member. County. ( 1997). • Lacey Creek Streambank and Corridor - - Society of Ecological Restoration, Member. Restoration, Downers Grove, IL ( 1999- Department of Transportation, Present). Springfield, . Illinois. Analysis of natural Natural Areas Association, Member. - features with emphasis on floristic • Tanglewood Hills, Batavia, Illinois ( 1997- assessments and mapping for High Speed Illinois Association of Environmental 98); Rail Phase I from Pontiacto Springfield, IL Professionals, Member. - and assisted with NEPA documentation • Southgate Commerce Center, Matteson, and technical analysis. ( 1997). EMPLOYMENT HISTORY Illinois ( 1997-99); Conservation Design Forum, Inc. Feasibility study assessing the natural area Elmhurst, Illinois (Oct. 1997 - present). City of Coralville, Iowa ( 1998-99). features, mapping community types, and assessment of alternative impacts for Planning Resources Inc. Tuthill Corporation, Burr Ridge, IL ( 1997- Routes 31 and 62 corridor study, Wheaton, Illinois ( 1996 - 1997). 99). Algonquin, Illinois ( 1997). Rust Environment and Infrastructure •' Madison Club, Bum Ridge, IL ( 1997-99). Assessment of natural features with Oak Brook, Illinois ( 1993 - 1996). emphasis on floristic assessments, plant • . Shales Parkway, Elgin, IL ( 1998).. community descriptions, wildlife Weston Gulf Coast Laboratories observations, and mapping for the University Park, Illinois ( 1992 : 1993), High Speed Rail Phase 1, Pontiac to Conserve School, Land o= Lakes, Springfield, Illinois ( 1997).. Wisconsin ( 1997). - Thom Creek Nature Preserve Park Forest, Illinois ( 1990 - 1992). • Davey Property, Batavia, Illinois ( 1997). Ambia TruckJine, Ambia, Indiana Baseline ecological, survey including on-site plant CERTIFICATIONS • CSX Railroad expansions, sites in Illinois, community descriptions, and wildlife Professional Wetland Scientist In-Training, Indiana and Ohio ( 1997). observations for ( 1997). Society of Wetland Scientists, 1995. • DuPage County -Stormwater Projects, NEPA documentation and technical ADDITIONAL TRAINING DuPage County, Illinois ( 1997). analysis of affected environments including Practice of Wetland Construction, Wetland plant communities, wetlands, and wildlife, Training Institute ( 1995). KI Sawyer Air Force Base (AFB), impacts, and mitigation measures for Wetland Delineation Training, Wetland Marquette, Michigan ( 1995), closure of KI 'Sawyer AFB, Marquette, Mic higan ( 1995), Training Institute ( 1993). • Deemroft Recycling & Disposal Facility, La LOUALIFiCATIONS Porte County, Indiana ( 1995). Waste Management.. Ecological baseline survey for Superfund - site. Survey Ms. Cerf is a staff ecologist and has • Tazewell Landfill, East Peoria, Illinois included description of plant communities, conducted , numerous site evaluations ( 1995). - - avifauna documentation, and small including wetland 'habitat investigations, mammal trapping for Holland Lagoons, wetland permitting, development of . . Waste Management of the Ozarks Holland, Michigan ( 1996). mitigation plans, monitoring of wetland Recycling and. Transfer Facility, Lebanon, - mitigation sites, baseline ecological surveys, Missouri ( 1999). and participation in NEPA documentation and technical analysis for transportation and Other Selected Projects hazardous waste cleanup projects. She has Village of Elbum, Illinois. Assisted with the provided guidance to planning and design teams in the preparation of environmental development of s ot stream and _. l wetland and erosi on n control ordinances. assessments and .impact studies, as well as ( 1998). preparation of permit applications. Conservation Design Forum, Inc. Kenneth C. Johnson Principal Botanist/Restoration . Ecologist EDUCATION • City of St, Charles, IL (2001 ). • Rush Oak Openings, Rochester, NY M,S., Botany, Eastern Illinois University, • Romeoville Prairie, Will County, IL ( 1997- 1998). Charleston, IL ( 1990). - (2001 ). - B,5„ Biology, North Park College, • Village of Glenview, IL (2001 ), Wetland Delineations; Permitting• • Forest Preserve District of Will County, Wetland Monitorinv Chicago, IL ( 1988). IL ( 1994-96; 2001 ), Wetand delineations were performed for • CTI Tree Survey, Wamenville, IL (2000), - the following projects per the U.S, Army ADDITIONAL CERTIFICATIONS . Hallett's Quarry, Ames, IA 2000 . Corps of Engineers regulations. These projects Wetland Delineation Training. Wetland ( ) Training Institute ( 1995). • Jersey City Reservoir, Parsippany, N) included habitat assessments, permit - (2000). processing, and/or development of management or mitigation plans. s UP Railroad ROW, Ogle, Lee, and - PROFESSIONAL ACTIVITIES - Illinois Native Plant Society. - - Whiteside Counties, IL (2000), • Kelamey Parcel, Bull Valley, IL (2001 ). Society for Ecological Restoration. • City Acre Properties, Plano, IL ( 1999). • Meritex Corporation, Matteson, IL • Everett Road Site, Lincolnshire, IL ( 1998-present): EMPLOYMENT HISTORY - ( 1999). - • Indian Boundary, Cook County, IL Conservation Design Forum, Inc. • Waterfall Glen, Burr Ridge, IL ( 1999). ( 1n Boundary, Elmhurst, IL (1995-present). • Sringeri Center, Marseilles, IL ( 1998). • Hidden Oaks, Bartlett, IL ( 1997- The Morton Arboretum, Lisle, IL - Restoration Management Plans• present). ( 1988- 1990), Vegetation Sampling; Restoration • City of Coralville, IA ( 1996-present): Mon orin • General Growth Properties, Coralville,_ Eastern Illinois University, Charleston, IL Develop strategies and methods for natural IA ( I 996-present). ( 1988- 1990). area restoration and management Monitor • Madison Club, Burr Ridge, IL ( 1996- the restoration process through qualitative p,°esent). - Midwest Groundcovers, St . Charles, IL and quantitative plant sampling and general • Tuthill Corp., Bum Ridge, IL ( 1996- _ ( 1983- 1988). site assessment present). • .Country Ridge, Woodstock, IL ( 1998- QUALIFICATIONS • Camp Walcamp, DeKalb County, IL 1999). Using his background in botany and an in- (2001 -present), I I • Christianity Today, Naperville, IL ( 1999): depth knowledge of native plant species, . Orland Tract, Cook County, IL (2001 - • Butterfield Creek Matteson, iL (1998). Mr. Johnson has gained extensive present). • Mill Creek, Geneva, IL ( 1998). experience in conducting natural features • Vasa Park, County, IC(2001 - inventories,.wetland monitoring, natural present). PUBLICATIONS - areas restoration,red pat and threatened and • Green Valle Landfill, DuPa e Count IL Bowles, M„ J. McBride, N. Stoynoff, and K, endangered plant t the surveys. d design - (2001 ) y g y' Johnson. 1998. 'Temporal Changes in these skills to assist the planning and design Vegetation Composition and Structure in a - team in the preparation of environmental • Lockport Praise, Will County, IL (2000- g P - 2001 ): Fire-Managed Prairie Fen." Natural Areas assessments and natural features studies, as well as the preparation of restoration • Air Station Prairie, Glenview, IL (1999- Journal. 16:275-288. management plans. - present). - Johnson, K and J. Ebinger'. 1995. "Effects of • Blackwell Forest Preserve Landfill, Different Fire Regimes on the Grofrects of A representative sampling of recent - DuPage County, IL (1999-present). Vegetation re a Dry Sand Savanna, Hooper project experience includes the following: - • St Francis HS, Wheaton, IL ( 1999- - present). Branch Nature Preserve, Iroquois County,Natural Features Inventories and Site • Campton Woods Homeowners Assoc, Illinois." Erigenio 14:37-40. Assessments Elbum, IL ( 1997-present). - Comprehensive analysis of existing natural • Hyde Lake, Chicago, IL (1998-2001 ). features, with particular emphasis on floristic • Bonftto Residence, Lemont, IL ( 1997- . quality assessments, plant community 2001 ), - descriptions, and mapping threatened and • Lucent Technologies, Lisle and - endangered plants species. Naperville, IL ( 1997-2001 ). - • Museums at Prophetstown, Lafayette, IN • Rte 47-Kishwaukee River Corridor, ( 1997- 1999). McHenry County, IL (2000-present), a Tellabs, Bolingbrook, IL ( 1997- 1999), • Dunes Country, Michigan City, IN • Coffee Creek, Chesterton, IN ( 1996- - ( 1998-present). 1999). • Granite Power, Kendall County, IL - (2001). C - Conservation Design Forum, Inc. January 2002 Dr. Gerould S . Wilhelm Conservation Design Forum: Director Of Ecological Services Conservation Research Institute: Vice President EDUCATION The restoration, rehabilitation, maintenance Patchett and Wilhelm. 1997. "The Ecology PhD. Botany. Southern Illinois University, and management of natural landscapes, and Culture of Water." Conservation Design Carbondale, 1984. - Form, Elmhurst, IL. B.S., Biology, Minor in Chemistry. Florida State The creation of mitigated wetlands and the University, Tallahassee, 197 L . maintenance and management of natural Taft, Wilhelm, Ladd and Masters. 1997, PROFESSIONAL ACTIVITIES wetlands. "Floristic Quality Assessment for Vegetation in Illinois," Erigenia„no 15:3-95. Michigan Technical Committee on The revegetation of problem soils and Endangered and Threatened Species, dredged material disposal problems, with Herman, Masters, Penskar, Reznicek, Wilhelm Member, emphasis on the changing mobilities of heavy and Brodowicz 1997, "Floristic Quality Society of Ecological Restoration, Board metals in developing rhizos hexes. Assessment Development and Application in Member ( 1996- 1998). - - - p g p the State of Michigan.” Natural Areas journal, DuPage County Environmental Commission, - The rate plant species and communities in the no. 17:265-279. - Member. Indiana Dunes region. - Illinois Academy of Science, Member. I Patchett and Wilhelm, 1995. "Designing - Indiana Academy of Science, Member. Infiltration rates of prairies of various Sustainable Systems." Proc• 2nd Intl. Green Chicago Wilderness Science Team, Chicago ages/types. - Building Conf. and Expos. Nati. Inst. of Stands. Region Biodiversity Initiative, Member. .. and Tech. Sp. Pub. 888:20-36. - Michigan Dept. of Natural Resources, SELECTED PROJECTS Endangered Species Plant Technical Advisory - Michigan Dept. Of Natural Resources, lake Swink and Wilhelm. 1994. Plants of the Committee, Member. plain prairies, St. Clair County, MI ( 1998). Chicago Region, 4th ed. Indiana Academy of Illinois Native Plant Society, Member. Science, Indianapolis, IN. Natural Areas Association, Member. The success of mitigated wetlands in the American Bryological and Lichenological . Chicago region, Corps of Engineers, ( 1998). Wilhelm and Masters. . 1994, "Floristic Changes Society, Member, - after Five Growing Seasons in Burned and EMPLOYMENT HISTORY Design of integrated native and remnant Unburned Woodland." Erigenia, no. 13: 141 - . landscapes, as well as development guidelines 150, Conservation Design Forum, Inc., for the Coffee Creek Center, Chesterton IN Elmhurst, IL ( 1996-present). ( 1997-present). Wilhelm. 1991 . "Implications of Changes in 1 , The Morton Arboretum, Lisle, IL ( 1974- 1996). Floristic Composition of the Morton Design of large-scale landscape restoration at Arboretum's East Woods." Proc Oak QUALIFICATIONS Museums at Prophetstown, Battle Ground, IN . Woods Management Workshop, pages 31 -54. Dr. Wilhelm is co-author of Plants of the (1996- 1998). - Chicago Region and one of the most noted DuPage County wetland mitigation and - - botanists in the Midwest. His knowledge of restoration evaluation and monitoring. ( 1995- native flora and natural systems has been 1997). applied to innovative design solutions'involving . complex natural resource-based development Floristic monitoring of restoration sites at the opportunities. He is a leader in promoting a Mallard Ridge Recycling and Disposal Facility, - philosophy of Delavan, WI ( 1993- 1997). environmentally sustainable, economically I - sensible land planning, development, and. long- Three-season wetland sampling and analysis at - term management, including the integration of Argonne National Laboratory. (1992- 1996). natural landscape treatments and ecological restoration. Vegetation and monitoring of wetland - Dr. Wilhelm designed and implemented the mitigation at the Woodland 11 Landfill Site, Floristic Quality Assessment System, which is South Elgin, IL ( 1989- 1995). widely used to assess the quality of open land - and to monitor the progress of restoration Preparation of a list of the wetland plants and _ and management programs. natural communities of Lake County, Illinois - and their role in wetland mitigation, Lake CURRENT RESEARCH County Stormwater Management Planning Vascular.flom and lichens of the Pensacola, Committee ( 1991 ). Florida region. PUBLICATIONS - Partial list Vascular flora and lichens of the 22- county Wilhelm, Master, and Shimp. 2000. The - Chicago region. - Illinois populations of Phaeophyscia lean, one of the world's rarest lichens. Erigenia 18:66-74. Assessment and analysis of natural areas in the - context of their relationship to the Wilhelm. 1 998. "The Lichen Flora of Chicago presettlement scenario and resident human and Vicinity: One Hundred Years of cultures. - Lichenology." Erigenia, no. 16:336. CONSERVATION DESIGN FORUM, INC. Thomas H . Price , PE Director of Water Resource Engineering - - - floodplain mapping, wetland analyses, and Kane County, Illinois Comprehensive :DUCATION best management practices evaluation. Stormwater Management Plan, M.S., Civil Engineering, University of Hydrologic analysis using continuous Will County, Illinois Comprehensive Wisconsin. Major. Urban hydrology, simulation to evaluate water . level Stormwater Management Plan. stormwater management, and rainfall runoff fluctuations and develop hydrologic budgets Blackberry' Creek Watershed Management modeling. 1985. for several Illinois Clean Lakes projects. Plan. Kane and Kendall Counties, Illinois, Flint Creek Watershed Management Plan, B5, Civil Engineering, University of Wisconsin. Research and Development Lake County, Illinois, Major. Water resources engineering, 1983. Evaluation of Hydrologic Design Methods Mutton Creek Watershed Management including comparisons of runoff and Plan. Lake County, Illinois. REGISTRATION detention volumes resulting from different Professional Engineer, Illinois #62044971 models and assessment of the influence of Publications and Presentations statistical and temporal rainfall distribution Price and Potter. The Storage Matching PROFESSIONAL ACTIVITIES selection for Illinois DNR, Technique of Storrnwoter Detention Design. , Lake County Stormwater Management Water quality and hydrologic modeling to 1985. Commission, Technical Advisory Committee. evaluate the - effectiveness of urban Lau, O'Toole, and Price. , Impact of Local McHenry County Stormwater Committee, stormwater best management practices and Detention in Reducing Regional Flood Flows, In Technical Advisory Committee. development of a model BMP selection Proceedings of the ASCE Water Resources Fox River Ecosystem Partnership, Vice Chair. methodology for Lake County Illinois and Symposium. Rosemont, IL, October 1987 Village of West Dundee, Plan. Commissioner. Illinois DNR. - Dreher, D.W. and T.H. Price. Application of American Society of Civil Engineers. Development of a simplified detention Urban Targeting and - Prioritization Illinois Association for Floodplain and sizing methodology utilizing unit area Methodology to Butterfield Greek Cook and Stormwater management _ detention volumes based on continuous Will Counties Illinois. In Seminar Publication- hydrologic modeling for Illinois DNR and National Conference on Urban Runoff EMPLOYMENT HISTORY DuPage County. Management: Enhancing Urban Watershed Conservation Design Forum, Inc., Principal Development - of a detention _ sizing Management at the Local, County, and Engineer (Sept 2000-present); _ _ methodology to match pre and post State Levels, Chicago, IL Aprj 1993. - development peak flow frequency Apf=_Ibaum, S.I., J.D. Eppich, T.H. Price, and Northeastern Illinois Planning Commission distributions. M. Sands. The Proine Crossing Project - Senior Engineer ( 1990.2000). Development of a three-day curriculum and - Attaining Quality and Stormwater course notebook for a course in the design Management Goals in a Conservation U.S. Army Corps of Engineers, Hydraulic and implementation of ,stormwater best Development. In proceedings of , Using ` Engineer ( 1988- 19.90). - management practices. Mr. Price was lead Ecological Restoration to Meet Clean instructor for the course and has made Water Act' Goals, A National Symposium, Donohue and Associates, Inc., Water periodic updates to the course notebook Chicago, IL March 1995. Resources Engineer, (1985- 1988) 1 1 Dreher and Price. 1995. Best Management Best Management Practice Design and Practices Guidebook for Local Officials, QUALIFICATIONS Implementation - Northeastern Illinois Planning Commission. Mr. Price is a civil engineer specializing in Design and implementation of stormwater best Innovative Stormwater Management Practices . hydrologic analysis and design, watershed management practices to remove stormwater Using Native Landscaping. Presented at planning and restoration, and nonpoint source pollutants - 'Native Landscapes for Large Properties" pollution mitigation. Mr. Price has devoted the River Action, Donneybrook. Creek, workshop sponsored by USEPA and held at last ten years of his career to identifying and Rapids City, IL (2000- present), the Chicago Botanic Garden, Glencoe, IL implementing techniques to. prevent and Chicago Botanic Gardens Bank February 1996. 1 - mitigate the impacts of urban development. Stabalization Project, Glencoe, IL (2000 — Bradley, Cooper, & Price. Floodplain present). - Mapping- Using Continuous Hydrologic and Mr. Price has a wide range of project Seth Paine detention basin, Lake Zurich - Hydraulic Simulation Models.- In -Journal of experience including hydrologic analysis and Illinois. Hydrologic Engineering. American Society - design, urban best management practice Zurich Lake sand.f Iters, Lake Zurich, Illinois. - - of Engineers. April 1996. design, and stormwater and watershed - Heather Hill detention .basin retrofit, Dreher and Price. 1997. Reducing the planning, Flossmoor, Illinois. Impacts of Urban Runoff. The Advantages of • Prairie Lakes stormwater wetland biolilter, Alternative Site Design , Approaches. Mr. Price has experience with numerous Homewood, Illinois Northeastern Illinois Planning Commission. hydrologic and . hydraulic models including Southgate Commerce Center, Matteson, Price, Schultz, & Brand. Urban Stormwater HSPF, TR20, HECI , ILLUDAS, SWMM, HEC2, Illinois. Best Management Practices for Northeastern and FEQ Flint Creek watershed restoration projects Illinois: Course Notebook. Northeastern including five stream stabilization and Illinois Planning Commission, Revised A representative sampling of experience restoration projects. Edition; January 2000. includes the following: - Hydrologic and Water Ouality Modeling Stormwater and Watershed Planning Develop and maintain continuous _ Plan development and management of advisory _ simulation hydrologic models for DuPage and watershed committees. County, Illinois stormwater program. McHenry . County, Illinois Comprehensive Modeling used for flood. control analyses, Stormwater Management Plan. _ Conservation Design Forum, Inc. Sandra E. Kosek Aquatic Biologist Sigma, Lambda Alpha, Landscape cDUGATION Architecture Honor Society - 1998 Ph.D. Pre-Candidate, The University of Michigan, Natural Resources with a Research Projects - concentration in Landscape Architecture - - . 1998-present. - Decision Support System for River Rehabilitation. NSF/USDA; - 1999-present M.L.A Landscape Architecture; University of Cultural Indicators of Landscape Ecological Michigan, 2000. Health. USDA Forest Service; - 1998-2000 Huron River Phosphorus Study and TMDL M.S., University of Michigan, Biology, 1990, - EPA/MDEQ; _1994- 1997 - - B.S. University of Michigan, Biology, 1988. Authored Govemment Reports Partial Litt) - EMPLOYMENT HISTORY Kosek, Sandra A phosphorus loading Conservation Design Forum, Inc., analysis and proposed TMDL for Ford and - Intern (Jan. 2002-present). Belleville Lakes, Washtenaw and Wayne - Counties, - December 1994 — November University of Michigan, School of Natural 1995. MI/DEQ/SWQ-96/005. Resources and Environment - Kosek, Sandra. A nutrient chemistry survey Graduate Student Research Assistant to of Kent, Brighton, Limekiln, and Sandy - - Professor Joan Nassauer ( 1998 — 2001 ) - Bottom Lakes; Livingston and Washtenaw - Counties, April 13, 1994. MI/DEQ/SWQ- State of Michigan, Department of 96/044 . - Environmental Quality I I - Aquatic Biologist ( 1992- 1997) Kosek, Sandra. A biological survey of the Kalamazoo River upper watershed, Hillsdale, - - QUALIFICATIONS Jackson, and Calhoun Counties, - July- Ms. Kosek holds masters degrees in both September, 1994. MI/DNR/SWQ-94/077. biology and landscape architecture, which - ,% cor ire . to provide a -special perspective in Kosek Sandra and Roger Jones. A biological addressing complex land and water based survey of the Saline and Raisin Rivers, - development problems. She has experience in Jackson, Washtenaw, Lenawee, and Monroe dealing with water quality issues from the Counties, July-August 1993. MI/DNR/SWQ- - - - watershed planning scale to - the site 94/021. - assessment scale. She has worked on a - number of projects that have pulled together Kosek, Sandra, A phosphorus loading watershed stakeholders to model and plan for analysis and lake model for Ford and - - watershed scale pollution prevention and Belleville Lakes, Washtenaw County, future land use, and also has experience in January-December, 1992. . MI/DNR/SWQ- designing research studies for water quality 93/060 -and biological assessment of rivers - and - streams. Kosek Sandra. A biological survey of the Huron River and selected tributaries, Ms. Kosek's technical expertise includes Oakland, Livingston, Washtenaw, and - aquatic biological and habitat assessment Wayne Counties, June-October, 1992. protocols, Geographic Information Systems MI/DNR/SWQ-93/021 , mapping and analysis, statistical analysis, and - - applied research in both biological and social Nassauer, Joan Iverson, Sandra E. Kosek - sciences. and Robert C. Corry. 2001 , Meeting public - expectations with ecological innovation in Honors and Awards. - - riparian landscapes. Journal of the American - Water Resources Association 37(6): 1439- . Professional Enhancement Award, NASA 1444. and Michigan State University - 2001 - Samuel Trask Dana Award, School of Recent Project Experience Natural Resources and Environment - 2000. - 1 - ASLA Merit Award, American Society of Rt. 47 Kishwaukee River Corridor Project Landscape Architecture Student Award - Woodstockto Huntley, IL 2000 ` Margaret Dow Towsley Scholarship, Center Blackberry Creek Futures Analysis, Kane for the Education of Women - University County, IL of Michigan,- 2000 conservation Design Forum, Inc. - - CONSERVATION RESEARCH INSTITUTE Ingrid West, Conservation Research Institute : . . . : Ass'oGiate. Director' : . t'rotessioriafExueeserce Ingrid West is an,aquahc biologist and-environmental educator with M years of field experierice`in lake and.stream; ecology;-- . Her diverse;woik.expeiiences and opportunities have given her a,unique broad based background.. Upon : , years of practical experience in aquatiid.management Ingnd has developed sensitivitq; to the multi-faceted nature of environmental education and is able to combme; the technalogical,aspe= of aquatic ecology with-do wii ta :earth . communication styles and consensus building. . - Ingrid is responsible for many phases of C12I prcjecpmanageiiient Her unique perspective of ecosystems, aquatic ecolog and envfronrnitaf education; coimhun ty dynamldi'and sustainability issues provides Ingrid w th the unique ability to successfully,b e'nd science with'public outreach, " :Conservation Research Institute _ - - Flmhurs* Illinois .: -: . 2002 ,;jiresent„ . . . , ,. . - As the Assoc ate l irector;for CRl, Ms West is responsible for:the oversight of grant admuvstration and . development_ofpf6jectpt6posals, Sbe.assistsCDFin:a variety ofways•fromMacro-inveRebiate andWatetquahty • :. samplingto;brochure development. Representat ve projects include Chic4a Wilderness Relational Data Base Grant Orland Park Tract Brochure Mernber.bfD+ team-for Upper Des Pldine's.Fhase Chicago WilderriessEducatioh;and Coixinunuations;Subcominittee .. USEP 1-,319 UDPREPEducation and O'utreacit Grant Upper-Des Plaines River gcosystem,P.artnershig, Liberty Prame Fo jndation, Grayslake;II 2001-Present < . The;Soil and Water Conservation District Grayslake;IIIanois , 2000-2001 The Lake Govpty 101th ,Departhient; Lakes Managemenf,Unit W aukegari, lhnois 1988-2000 The Wisconsin Department of Natural Resources Milwaukee;`Illinois 1983-1988 V .. 37$ WEST PIRST STREET,, ELMHURST ILLINOIS 60126 -PHONE:630 559 204$ , FAX -'G30:559.2030 r,Made' ,tIA 100% Rosbconspmer mateiiat and soy inlz e-D C/py Reviewed By: Agenda Item Number J= � 0.p Legal ❑ + . Finance EST leas ❑ r 1 - Engineer ❑ .O y City Administrator ❑ Tracking Number ��II�I � Consultant El Parks and Recreation ❑ ADM 2008-59 cE Agenda Item Summary Memo Title: Monthly Treasurer's Report for May 2008 Meeting and Date: City Council—July 22, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewksi Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Pre Audit Financial Summary As of May 31, 2008 FY FY Beginning May May Ending FYTD Budgeted FYTD Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General * 21352,353 159,338 540,336 1,971,355 159,338 12,731,770 540,336 13,331,770 11 Fox Hill SSA - - - - - 6,376 - 6,376 12 Sunflower SSA - - - - - 15,925 - 15,925 15 Motor Fuel Tax 375,171 707 2,079 373,799 707 614,520 21079 614,520 16 Municipal Building (514,524) 2,500 332 (512,356) 2,500 100,000 332 1001000 20 PD Capital * 197,265 5,700 - 202,965 51700 337,148 - 337,148 21 PW Capital 507,295 12,800 - 520,095 12,800 386,000 - 358,600 22 Parks & Rec Equip Capital 43,375 - - 43,375 - 64,948 - 64,948 23 City Wide Capital - 25,700 711 24,989 25,700 1,315,000 711 1,155,000 42 Debt Service 54,286 2,275 - 56,561 2,275 484,524 - 484,524 51 Water Ops. & Imprv. ** (1,268,827) 64,837 224,548 (1,428,538) 64,837 14,644,483 224,548 14,636,857 52 Sewer ** 5,958,052 63,208 14,380 61006,879 63,207 3,674,383 14,380 41022,160 72 Land Cash (542,493) 3,179 - (539,314) 3,179 844,489 - 1,020,000 79 Parks & Recreation (19,345) 110,772 134,043 (42,616) 110,772 2,443,854 134,043 2,403,397 82 Library 598,525 19,595 35,017 583,103 19,595 11742,519 35,017 1,742,519 85 Fox Industrial 183,227 202 7,778 175,651 202 174,854 7,778 174,854 87 Countryside TIF Project 2,882,609 41770 71,434 2,815,945 4,770 2,931,390 71,434 2,931,390 88 Downtown TIF 28,372 - - 28,372 - 56,693 - 56,693 95 Trust & Agency - 22,262 - 22,262 22,262 - - - Totals 10,835,341 497,845 1,030,658 10,302,528 497,844 42,568,876 1,030,658 43,456,681 Note: Revenue deficit to be offset with fund balance. As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department * Restated beginning balance William Powell, Treasurer ** Funds have been merged with Improvement funds Fund Balance Reserve May-0l A r-08 Mar-08 Feb-08 tan-08 Dec-07 Nov-07 Oct-07 General Fund 17.35% 17.35°/ 18.24% 20.94% 22.23% 26.34% 22.37% 29.88% Water G s. & Im rv. -9.76% 31.97% 25.09% 31.05% 22.82% 30.30% 18.32% 20.54% Sewer s. & Imrv. 149.34% 156.73% 72.89% 78.59% 59.57% 63.73% 41.04% 42.03% Combined Fund Balance 21.80% 25.50% 21.50% 24.80% 24.00% 28.50% 22.80% 29.40% Prepared by: Jennifer Milewski-Deputy Treasurer Notes to May Treasurers Report 1) General Fund fund balance at 4/30/08 has increase as of 6/10/08 reporting as tax revenues received must be reported as prior years receivables and reported as prior fiscal years revenues. 2) Fond 37 is collapsed with all assets and liabilities transferred into Fund 52 3) Fund 41 is collapsed with all assets and liabilities transferred into Fund 51 4) Fund 73 has been depleted of assets and all liabilities have been fulfilled, the fund has been removed for use from FY08-09 5) Funds newly created are Fox Hill (Fund I1), Sunflower (Fund 12), and City Wide Capital (Fund 23) 6) Budgeted Revenues do not equal Budgeted Expenses due to the anticipation of use of fund balance for the following funds: General fund (600,000), Sewer (347,770), Land Cash (175,5 11). The following fund are reporting excess revenues over expenses, or an addition to fund balance: City Wide Capital 160,000, Parks and Recreation 40,457. Difference in Public Works Capital and Water Ops. budgeted revenues over expenses are not an addition to fund balance as both fund report a 'Beginning Fund Balance', this is another form of the use of fund balance. Notes to Fund Balance Reserve 1) Fund Balance Calculation: Current Fund Balance /Total Fund Budgeted Operating Expenses 2) General Fund fund balance remains the same after a use of$380,998 because the total operating budgeted expense have decreased from $12,219,104 in FY08 to $11,331,948 for FY09. (Transfers to other funds are removed from the expenses, a total of$1,999,822 and In-Town Road carry over of$5,305. 13.) We are $271,563 above the amount required to maintain a 15% fund balance reserve, per our policy. 3) Water Operations & Improvement has a negative fund balance reserve as a result the merging of Fond 41 and Fund 51. Fund 41 closed with a negative fund balance at the end of the fiscal year. In order for this fund to be in compliance with existing City Fund Balance Reserve Policy, it requires a fund balance of $2,195,529. This fund is deficient by $3,624,067. 4) A significant increase in Sewer Maintenance is attributed to the transfer of debt reporting into the Sewer fund. This debt was originally recorded in the Debt Service Fond throughout the year, however debt for enterprise funds are customarily recognized and reported within enterprise funds. Interest is reported as an expense within the fund while principal payments are recorded as a reduction of liability on the balance sheet A transfer from the Sanitary Sewer Improvement fund (Fund 37) in the amount of$1,210,235.98 is recognized in Fund 52 as revenues in period 12 for the purpose of covering all expenses in relation to the debt expense transfer. The combination of the $1.21 additional revenues, and the reduction in liabilities result in a significant increase in fund balance. `�e�0 C/py Reviewed By: Agenda Item Number J2 Y T Legal ❑ EST 1836 Finance F] Engineer El City Administrator F-1 Tracking Number -C � � [�I rim 20 Consultant El CE Parks and Recreation F1 ADM 2008-62 Agenda Item Summary Memo Title: Resolution to Close Beaver Street Checking Account (Acct. No. 30001804) Meeting and Date• City Council—July 22, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewksi Finance Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION OF AUTHORIZATION TO CLOSE OLD SECOND BANK CHECKING ACCOUNT NO. 30001804 Whereas, the City Council of the United City of Yorkville, authorized by Resolution No. 2006-90, has maintained Checking Account No. 30001804 at Old Second Bank to administer an Economic Development Initiative Special Project Grant from Housing and Urban Development for Beaver Street LLC, Fox Industrial Park; and Whereas, it has been determined that the account has a zero balance and is no longer necessary due to the grant completion; and NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville that the Old Second Bank Checking Account Number 30001804 be closed, and that the Mayor, City Clerk, City Treasurer and Finance Director are hereby authorized to take all actions, and sign all documents necessary consistent with this Resolution. 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 `,'(pD C/p` Reviewed By: Agenda Item Number J� T Legal ❑ EST "— pass Finance F1 Engineer ❑ Tracking Number t * u) City Administrator ❑ w 20 Consultant El ADM 2008-66 j<CE Parks and Recreation F] Agenda Item Summary Memo Title: Tuition Reimbursement Policy Amendment Meeting and Date: City Council—July 22, 2008 Synopsis: Amendment to Sections 8.6b and 8.6d of Employee Manual. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: See attached Resolution. STATE OF ILLINOIS ) ) ss. COUNTY OF KENDALL ) Resolution No. 2008- RESOLUTION AMENDING UNITED CITY OF YORKVILLE EMPLOYEE MANUAL REGARDING REVISED TUITION REIMBURSEMENT POLICY WHEREAS, the United City of Yorkville has approved an Employee Manual dated February 10, 2004, by Resolution No. 04-02 dated February 10, 2004, and amended July 24, 2006; and, WHEREAS, the City Council of the United City of Yorkville has further considered amending said Employee Manual, and has discussed said proposed amendment. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Employee Manual of the United City of Yorkville is hereby amended by deleting Sections 8.6b and 8.6d thereof and replacing it with Sections 8.6b and 8.6d in the form attached hereto as Exhibit A. 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 Exhibit A Section 8. 6b All requests by an employee for the enrollment to a college degree program or certificate program which must be job related must be submitted by the Department Head to the City Administrator for approval. The City recognizes four (4) leaves of degree programs described as follows: (i) high school; (ii) 64 credit hours of college course work; (iii) bachelor' s degree; and, (iv) master's degree. Then all courses related to the program shall be eligible for payment subject to budget approval. This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval and/or be eligible for payment. Furthermore, the employee shall provide a grade or transcript to the Department Head upon the completion of each course. Any revision or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. Section 8. 6d The tuition and fees only (no books or materials) of an elective or required course will be paid through direct billing from the appropriate school, pending the completion of a consent form for repayment. Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois as is designated at the time of class approval. The employee will sign the payroll deduction form prior to the enrollment of the course stipulating that the following provisions will apply: if a grade of a C-average or better is attained upon the completion of the course, the class will be considered complete and paid for by the City. If less than a C-average is attained, the employee will be required to pay back 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. e.D Cl;- Reviewed By: Agenda Item Number J� 3 0� Legal ❑ � B Finance ❑ EST. , 1836 Engineer ❑ Tracking Number ��I Iti City Administrator ❑ Consultant ❑ ADM 2008-68 �4E Parks and Recreation ❑ Agenda Item Summary Memo Title: Revised 2008-2009 Fiscal Budget (Recreation Center Budget) Meeting and Date: City Council—July 22, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Susan Mika Finance Name Department Agenda Item Notes: k 0 Memorandum To : Administration Committee EST pass From: Susan Mika, Finance Director CC: Brendan McLaughlin, City Administrator p p Date: July 1 , 2008 Subject: FY 08/09 Rec Center Budget <CE Attached is a copy of the proposed FY 08/09 Recreation Center Budget. Please note that we have included the General fund, Parks and Recreation and the Recreation Center budget, since all three entities are being affected by this budget adjustment. The following line items have been adjusted in the General Fund: Transfer to Park & Recreation ($ 17,956) Benefits — Health Insurance $ 16,221 Benefits — Group Life Insurance $ 248 Benefits — Dental/Vision $ 19487 The following line items have been adjusted in the Parks & Recreation Fund: Transfer from the General Fund ($ 17,956) Transfer from the Rec Center $469956 Please let me know if you have any questions or concerns. STATE OF ILLINOIS ) )ss COUNTY KENDALL ) ORDINANCE NO, 2008- ORDINANCE APPROVING THE REVISION OF THE 2008-2009 FISCAL BUDGET FOR THE UNITED CITY OF YORKVILLE WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have duly allowed Public input, and through its committee system has duly considered revision of the budget for the 2008-2009 Fiscal Year; and WHEREAS, a tentative budget was duly announced and available for examination at the City offices of the UNITED CITY OF YORKVILLE; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it in the best interest of the City for the orderly operation thereof to pass and approve the revised 2008-2009 Fiscal Year Budget being submitted on July 10, 2008 at its regular Administration Committee Meeting: NOW THEREFORE, upon Motion duly made, seconded and approved by a majority of those so voting, revision of the 2008-2009 Budget as presented is hereby adopted for the 2008- 2009 Fiscal Year. Page 1 of 2 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 A.D. 2008. MAYOR Page 2 of 2 2007-2008 2007-2008 2005-2006 2006-2007 Original Revised 2008-2009 % DESCRIPTION Actual Actual Budget Budget BUDGET $ CHANGE CHANGE Revenues Revenues 10,853,492 11 ,603,086 16,354,720 14,100,990 12,731 ,770 (3,622,950) -22% TOTAL REVENUES: 10,853,492 11 ,603,086 16,354,720 14,100,990 12,731 ,770 (3,622,950) -22% Expenditures Administration 2,368,511 2,933,160 2,407,007 2,628,227 2,316,703 (90,304) -4% Finance 2,432,663 3,645,004 4,490,323 4,239,997 4,598,949 108,626 2% Com Relations - - - - 164,319 164,319 100% Engineering 395,610 470,658 553,439 455,939 549,097 (4,342) -1 % Police 2,101 ,634 2,589,749 3,215,632 3,227,352 3,239,524 23,892 1 % Com Develop 193,088 386,864 573,535 524,771 563,704 10,169 2% Streets 2,859,373 1 ,657,567 7,069,560 5,423,725 573,473 (6,496,087) -92% Health & Sanita 598,567 752,421 1 ,037,401 1 ,006,000 1 ,306,000 266,599 26% TOTAL EXPENDITURES: 10,949,446 12,435,423 19,346,897 17,506,011 13,331 ,770 (6,015,128) -31% CHANGE IN FUND BALANCE (95,954) (832,337) (2,992,178) (3,405,021) (600,000) Page 1 of 44 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND General Fund Revenues 2007-zoos 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET $ CHANGE % CHANGE 01-000-40-00-3991 BEGINNING FUND BALANCE - - 417,177 833,177 - (833,177) 01-00040-00-3997 BEGINNING FB IN-TOWN RD 3,783,562 2,781075 2,575,000 2,575,000 - (2,575,000) -100% Taxes 0140040-00-3999 RESERVE - 5,185 125,000 125,000 - (125,000) O1-000-40-00-3992 LIBRARY BOND PAYBACK - - 160,000 160,DOO - (160,000) 01-00040-00-3995 RESERVE-CD'S - - 104,000 104,000 - (104,000) -100% 01-00040-004000 REAL ESTATE TAXES L633,808 1,337,599 1,810,490 1,860,387 1,992,991 132,604 7% 01-00040-004001 TOWN ROAD/BRIDGE TAX 125,171 99,155 125,000 125,000 131,000 6,000 5% 01-00040-004010 PERSONAL PROPERTY TAX 13,337 20,233 10,000 10,000 20,000 10,000 100% 01-000-40-004020 STATE INCOME TAX 516,423 1,187,293 974,748 974,748 1,008,360 33,612 3% 01-00040-004030 MUNICIPAL SALES TAX 2,548,784 2,676,261 3,120,000 2,775,000 2,900,000 125,000 5% 01-00040-004032 STATE USE TAX 106,042 145,026 144,532 144,532 150,652 6,120 4% 01-00040-004040 MUNICIPAL UTILITY TAX 403,657 463,480 425,000 425,000 430,000 5,000 1% O1-00040-004041 UTILITYTAX - NICOR 264,183 232,616 300,000 350,000 350,000 - 0% 01-00040-004042 UTILITY TAX - CABLE TV 83,242 138,527 129,144 150,000 167,000 17,000 11% 01-00040-004043 UTILITY TAX - TELEPHONE 335,574 448,351 425,000 425,000 417,000 (8,000) -2% 01-00040-004045 AMUSEMENTTAX - - 135,000 - 135,000 135,000 O1-00040-004050 HOTEL TAX 18,894 19,085 20,000 20,000 20,000 - 0% 7,722,003 Licenses & Permits 01-00040-00-3998 ROAD FUNDING - MPI 4D 0 1,000,000 1,000,000 - (1000,000) -100% O1-0004040-3996 ROAD CONTRIBUTION FEE 971,098 850,661 1,200,000 800,000 - (800,000) -100% O1-00041-004100 LIQUORLICENSE 24,366 15,691 26,000 27,316 32,900 5,584 20% 0140041-004101 OTHER LICENSES 2,700 1,518 3,000 3,400 4,200 800 24% 01-00041-004110 BUILDING PERMITS 1,363,781 1,278,672 1,550,000 1,200,000 1,200,000 - 0% 0140042-004205 FILING FEES 71023 9,860 20,000 10,000 5,000 (5,000) -50% 01-00042-004206 GARBAGE SURCHARGE 208,490 248,024 540,756 540,756 1,200,000 659,244 122% 01-00042-004208 COLLECTION FEE - YBSD 31,881 32,916 35,000 55,916 60,000 4,084 7% 01-00042-004210 DEVELOPMENT FEES 1,227,206 1,153,125 1,475,000 1475,000 1,475,000 - 0% 01-00042-004211 ENGINEERING CAPITAL FEE 52,200 38,900 60,000 48,000 - (48,000) 400% O1-00042-004281 BEECHER DEPOSITS - 1,010 - - - 01-00042-D04286 BEECHER RENTALS - 2,325 - - 9,000 9,000 01-00042-004287 DEVELOPER SIGNS REIM - - 5,000 5,000 New 3,991,100 Fines & Forfeitures 01-00043-004310 TRAFFIC FINES 76,534 83,379 80,000 80,000 100,000 20,000 25% 01-000 43-004315 REIMBURSE POLICE TRAINING 11,805 - 21,000 21,000 15,000 (6,000) -29% O1-00043-004320 ORDINANCE FEES 2,670 2,925 2,500 2,500 2,500 - 0% 117,500 Miscellaneous 01-00044-004401 DARE DONATIONS 125 - 1,250 1,250 19250 - 0% 01-00044-004402 ROB ROY CREEK HYDRAULIC STY 22,700 - 10,000 10,000 - (10,000) 400% 01-00044-004403 DONATIONS - 400 - - - - 01-000 44-004404 HANGING BASKET DONATIONS - 3,620 - 450 500 50 11% 01-00044-00-4405 RAYMOND SEWER OUTFALL - - 1,300,000 - - - 0140044-004407 HOLIDAY UNDER THE STARS - - - - 12,500 12,500 New O1-0004 4-00-4411 REIMB-POLICE PROTECTION 2,477 3,308 3,300 3,300 3,300 - 0% O1-00044-004490 MISCELLANEOUS INCOME 11,798 16,287 15,000 3,500 151000 11,500 329% O1-00044-004499 BAD DEBT RECOVERY - - - - - - 01-00044-004412 INSURANCE REIMBURSEMENTS - - 2,000 2,000 New O1-00040-00-3993 EMPLOY CONTRIB HEALTH REIMB - - 18,000 100,000 106,117 6,117 6% 01-00040-004060 TRAFFIC SIGNAL REVENUE - - 5,000 8,775 5,000 (3,775) 43% 145,667 Intergovernmental O1-00045-004505 COPS GRAM- VESTS - 5,280 3,000 3,000 3,000 - 0% O]-00045-004511 POLICE - STATE TOBACCO GRAM - 1,540 1,500 1,500 1,500 - 0% 4,500 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND General Fund Revenues Continued 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET SCFIANGE % CHANGE Investment Income 01-00046-004600 DIVESTMENT INCOME 117,808 153,890 75,000 100,000 650000 (35,000) -35% Transfers 01-00049-004915 TRANSFER FROM WATER OPS 200,000 250,000 265,000 265,000 250,000 (15,000) -6% 01-00049-00-4920 TRANSFER FROM SEWER MAINT. 70,000 70,000 70,000 70,000 70,000 - 0% 01-000 49-004925 TRANSFER FROM SAN. SEWER BAP 150,000 150,000 150,000 150,000 150,000 - 0% 01-00049-004930 TRANSFER FROM WATER IMPROVE 200,000 200,000 200,000 200,000 200,000 - 0% 01-00049-00-4935 TRANSFER FROM LAND CASH - 16,000 16,000 16,000 16,000 - 0% 686,000 TOTAL REVENUES: GENERAL 10,853,492 11,603,086 16,354,720 14,100,990 12,731,770 (1,369,220) -10% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Administration Expenses 2007-2008 2005-2006 2006-2007 2007-2008 Budget 200&2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET $ CHANGE % CHANGE Personnel 01410-50-00-5100 SALARIES - MAYOR 3,775 7,394 11,310 11,310 11,310 - 0% 01-110-50-00-5101 SALARIES - CITY CLERK 1,800 4,500 6,410 8,600 8,600 - 0% 01-110-50-00-5102 SALARIES - CITY TREASURER 1,800 3,705 6,410 6,410 6,410 - 0% 01-110-50-00-5103 SALARIES - ALDERMAN 15,450 30,970 40,880 40,880 30,970 (9,910) -24% 01-110-50-00.5104 SALARIES - LIQUOR COMM. 500 1,281 1,000 1,000 1,000 - 0% 01410-50-00-5106 SALARIES - ADMINISTRATIVE 568,870 715,063 446,025 522,421 460,985 (61,436) -12% 01-110-50-00-5136 SALARIES - PART TIME 49,393 28,909 22,500 7,500 5,000 (2,500) 33% 01-110-50-00-5 137 SALARIES - OVERTIME 375 3,691 750 750 500 (250) -33% 524,775 Professional Services 014 10-61-00-5300 LEGAL SERVICES 77,265 188,534 85,000 180,000 120,000 (60,000) -33% 01-110-61-00-5301 LEGISLATIVE ATTORNEY - 0 - - 10,000 10,000 New 01-110-61-00-5311 CODIFICATION 5,614 1,822 5,000 5,000 3,500 (1,500) -30% 01-110-61-00-5314 BUILDING INSPECTIONS 1,142,685 995,966 1,125,000 950,000 950,000 0% 1,083,500 Contractual Services 01-110-62-00-5401 CONTRACTUAL SERVICES 41,995 47,792 27,500 50,000 20,000 (30,000) -60% 01-110-62-00-5404 CABLE CONSORTIUM FEE 41,116 39,923 35,000 38,000 35,000 (3,000) -8% 01-110-62-00-5406 OFFICE CLEATING 6,600 7,737 7,500 7,500 7,500 - 0% 01-110-62-00-5410 MAINTENANCE - OFFICE EQUIP 190 129 500 500 100 (400) -80% 01-110-62-00-5421 WEARING APPAREL 897 28 - - 540 540 100% 01-110-62-00-5436 TELEPHONE 14,174 18,758 15,000 15,000 16,000 1,000 7% 01-110-62-00-5438 CELLULAR TELEPHONE 1,962 2,654 1,920 2,500 2,500 - 0% 01-110-62-00-5439 TELEPHONE SYSTEMS MAIN 2,836 3,648 7,500 10,000 3,500 (6,500) -65% 85,140 Professional Development 01-110-64-00-5600 DUES 3,758 5,197 5,510 5,900 9,000 3,100 53% 01-110-64-00-5601 ILLINOIS MUNICIPAL LEAGUE DUES 781 900 800 800 918 118 15% 01-110-64-00-5603 SUBSCRIPTIONS/BOOKS 315 733 500 500 100 (400) -80% 01-110-64-00-5604 TRAINING & CONFERENCES 71325 19,441 19,500 6,000 5,875 (125) -2% 01410-64-00-5605 TRAVEL / MEALS / LODGING 14,268 2,931 7,500 24,000 17,380 (6,620) -28% 01-110-64-00-5607 PUBLIC RELATIONS 27,109 8,570 - - 100 100 01-110-64-00.5608 HRC SPONSORSHIPS 300 620 1,500 1,500 1,500 - 0% 01-110-64-00-5610 TUITION REIMBURSEMENT - - - 6,000 6,000 New 01-110-64-00-5611 KENDALL COUNTY PARA TRANSIT - - - - 13,964 13,964 New 54,837 Operations 01-110 45-00-5800 CONTINGENCIES 46,460 561,045 146,500 146,500 20,000 (126,500) -86% 01-110-65-00-5802 OFFICE SUPPLIES 15,995 15,616 8,500 10,000 79000 (3,000) -30% 01-110-65-00-5804 OPERATING SUPPLIES 7,416 14,435 5,000 6,250 5,000 (1,250) -20% 01-110-65-00-5808 POSTAGE & SHIPPING 9,761 16,257 21,925 21,925 17,000 (4,925) -22% 01-110-65-o0-5809 PRINTING & COPYING 14,952 20,525 11,000 11,000 9,000 (2,000) -18% 01-110-65-00-5810 PUBLISHING & ADVERTISING 3,866 3,866 5,000 5,000 2,000 (3,000) -60% 60,000 Retirement 01-110-72-00-6500 MRF PARTICIPANTS 45,400 55,136 39,756 39,756 41,173 1,417 4% 01-110-72-00-6501 SOCIAL SECURITY & MEDICARE 53,429 62,202 39,965 39,965 41,339 1,374 3% 82,512 Capital Outlay 01-110-75-00-7003 OFFICE EQUIPMENT 1,591 2,876 2,500 2,500 Soo (2.000) -80% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERAL FUND Administration Expenses Continued 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET SCHANGE 0% CHANGE Other Operating Expenses 01-110-78-00-9002 NICOR GAS 40,052 25,881 30,000 30,000 30,000 - 0% 01-110-78-00-9004 MISCELLANEOUS - - 250 - - - 01-110-78-00-9005 hffiRIT/COLA - - 16,333 - 18,439 18,439 01-110-78-00-9007 APPRECIATION DINNER - - 10,000 2,000 2,000 - 0% 50,439 Transfers 01-110-99-00-9970 TRANSFER TO CW CAP FOR LAND - - - - 100,000 100,000 New 01-110-99-00-9975 TRANSFER TO CITY WIDE CAPITAL - - - - 275,000 275,000 New 375,000 TOTAL EXPENSES: ADMINISTRATION 2,368,511 2,933,160 2,407,007 2,628,227 2,316,703 (311,524) -4% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Finance Expenses 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNTNUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET $ CHANGE % CHANGE Personnel 01-120-50-00.5106 SALARIES - ADMINISTRATIVE - - 293,883 328,883 329,120 237 0% 01420-50-00-5137 SALARIES - OVERTIME - - 750 750 750 - 0% 01-120-50-00-5202 BENEFU-S-UNEMPLOY. COMP. TAX 15,233 20,308 24,000 24,000 28,800 4,800 20% 01-120-50-00-5203 BENEFITS - HEALTH INSURANCE 771,967 818,559 850,000 850,000 997,021 147,021 17% 01-120-50-00-5204 BENEFITS - GROUP LIFE INSUR 19,864 24,355 75,000 32,000 28,488 (3,512) -I1% 01-120-50-OD-5205 BENEFITS - DENTALMSION ASST 70,770 81,550 27,218 75,000 97,982 22,982 31% 1,482,161 Professional Services 01-120-61-00-5304 AUDIT FEES & EXPENSES 25,500 49,083 32,000 32,000 40,325 8,325 26% 01-120-61-00-5310 EMPLOYEE ASSISTANCE 2,867 3,068 4,500 4,500 4,500 - 0% 44,825 Contractual Services 01-120-62-00-5400 INSURANCE-LIABILFEY & PROPERTY 124,161 173,519 163,422 163,422 21 0,00D 46,578 29% 01-120-62-00-5401 CONTRACTUAL SERVICES - - - 70,000 15,000 5,000 50% 01-120-62-00-5410 MAINTENANCE - OFFICE EQUIP - - 500 500 50D - 0% 01-120-62-00-5411 MAINTENANCE - COMPUTERS 1,808 1,364 2,000 2,000 1,000 (1,000) -50% 01-120-62-00-5412 MAINTENANCE - PHOTOCOPIERS 19,478 22,530 22,750 24,000 28,000 4,000 17% 01-120-62-00-5437 ACCTG SYSTEM SERVICE FEE 8,090 9,652 9,200 12,200 15,OOD 2,800 23% OL120-62-00-5438 CELLULAR TELEPHONE - - 720 800 950 150 19% 270,450 Professional Development 01420-64-00-5603 SUBSCRIPTIONSWOKS - - 100 100 250 150 150% 01420-64-00-5604 TRAINING & CONFERENCES - - 3,125 4,500 27000 (2,500) -56% 01-120-64-00-5605 TRAVEL /MEALS /LODGING - - 4,000 4,000 3,000 (1,000) -25% 5,250 Operations 01-120-65-00-5802 OFFICE SUPPLIES - - 8,500 7,500 4,000 (3,500) 47% 01420-65-00-5804 OPERATING SUPPLIES - - 5,000 8,000 51500 (2,500) i]% 01-120-65-00-5808 POSTAGE & SHIPPING - - - - 2,500 2,500 New 01-120-65-00-5844 MARKETING - HOTEL TAX 18,469 19,332 20,000 20,000 20,000 - 0% 32,000 Retirement 01-120-72-00-6500 MIRE PARTICIPANTS - - 28,642 28,642 27,185 (1,457) -5% 01420-72-004501 SOCIAL- SECURITY & MEDICARE - - 28,793 28,793 26,048 (2,745) -10% 53,233 Capital Outlay 01-120-75-00-7002 COMPUTER EQUIP & SOFTWARE 15,709 28,144 30,000 30,000 205000 (10,000) -33% 01-120-75-00-7003 OFFICE EQUIPMENT - - 2,500 750 1,000 250 33% 21,000 Other Operating Expenses 01-120-78-00-9001 CITY TAX REBATE 70 57 750 750 750 - 0% 01-120-78-00-9003 SALES TAX REBATE 278,920 600,253 725,000 625,000 620,000 (5,000) 01-120-78-00-9005 MERIT/COLA - - 12,444 - 13,165 13,165 01-12048-00-9013 AMUSEMENT TAX REBATE - - 74,250 - 74,250 74,250 New 708,165 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Finance Expenses Continued 2007-2008 2006-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET SCDANGE % CHANGE Transfers 0142M9-00-9925 TRANSFER TO SAN SEWER 150.000 150,000 150000 150,000 150,000 - 0% 01-120-99-00-9930 TRANSFER TO WATER DAPROVE - - 200,000 200,000 200,000 - 0% 01-120-99-00-9940 TRANSFER TO PARK @REC 755,908 1,015,107 1,161,778 1,161,778 1,206,742 44,964 4% 01-120-99-00-9965 TRANSFER TO DEBT SERVICE - 292,859 284,202 231,884 425,124 193,240 83% 1,981,866 TOTAL EXPENSES: FINANCE 2,432,663 3,645,004 4,490,323 4,239,997 4,598,949 358,952 2% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Community Relations Expenses 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budeet Amendment BUDGET SCHANGE % CHANGE Personnel 01430-50-00-5106 SALARIES-EMPLOYEES - - - - 59,662 59,662 New 01430-50-00-5136 PART TIME SALARIES - - - - 9,880 9,880 New 69,542 Contractual Services 01-130-62-00-5401 CONTRACTUAL SERVICES - - - - 4,000 4,000 New Professional Development 01-130-64-00-5607 PUBLIC RELATIONS - - - - 8,000 8,000 New 01-130-64-00-5603 SUBSCRIPTIONS /BOOKS - - - - 400 400 New 01-130-64-00-5604 TRAINING & CONFERENCES - - - - 1,500 1,500 New 01-130-64-00-5605 TRAVEL / MEALS / LODGING - - - - 1,000 1,000 New 10,900 Operations 01-130-65-00-5810 PUBLISHING & ADVERTISING - - - - 15,000 15,000 New 01-130-65-00-5802 OFFICE SUPPLIES - - - - 750 750 New 01-130-65-00-5808 POSTAGE & SHIPPING - - - - 7,520 7,520 New 01-130-65-00-5809 PRINTING & COPYING - - - - 14,000 14,000 New 37,270 Retirement 01-130-72-00-6500 IMRF PARTICIPANTS - - - - 4,747 4,747 New 01-130-72-00-6501 SOCIAL SECURITY & MEDICARE - - - - 5,474 5,474 New 10,220 Other Operation Expenses 01-13048-00-9005 MERIT/COLA - - - - 2,386 2,386 New 01-130-78-00-9010 COMMUNITY EVENTS - - - - 5,000 5,000 New 01-130-78-00-9013 HOLIDAY UNDER THE STARS - - - - 25,000 25,000 New 32,386 TOTAL EXPENSES: COMMUNITY RELATIONS - - - - 1649319 164,319 New UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Engineering Expenses 2007-zoos 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOTINTNUMBER DESCRIPT10N Actual Actual Original Bud�aet Amendment BUDGET SCHANGE 0/6 CHANGE Personnel 01-150-50-00-5107 SALARIES-EMPLOYEES 244,762 271,075 318,914 359,959 406,935 46,976 13% 01-150-50-00-5137 SALARIES-OVERTIME - 800 1,000 1,000 1,000 - 0% 407,935 Contractual Services 01-150-62-00-5401 CONTRACTUAL SERVICES 88,889 92,475 47,500 - 30,000 30,000 100% 01-150-62-00-5403 FEES 1,000 1,000 2,000 2,000 1,000 (1,000) -50% 01-150-62-00-5409 MARSIBNANCE-VEHICLES 866 1,482 2,000 2,000 21000 - 0% 01-150-62-00-5410 MANTENANCE-OFFICE EQUIP 276 164 1,000 1,000 1,000 - 0% 01-150-62-00-5411 MAINTENANCE-COMPUTERS 1,587 487 2,000 2,000 21000 - 0% 01-150-62-00-5421 WEARING APPAREL 254 269 1,400 1,400 1,400 - 0% 01-150-62-00-5436 CELLULAR TELEPHONE 2,426 2,537 2,520 2,520 4,100 1,580 63% 41,500 Professional Development 01-150-64-00-5600 DUES 293 339 600 600 600 - 0% 01-150-64-00-5604 TRAINING & CONFERENCES 227 552 4,000 4,000 2,000 (2,000) -50% 01-150-64-00-5605 TRAVEL EXPENSE 1,231 496 1,000 1,000 1,000 - 0% 01-150-64-00-5608 TUITION REIMBURSEMENT - - 2,580 2,580 2,000 (580) -22% 01-150-64-00-5616 BOOKS & PUBLICATIONS 163 - 200 200 200 - 0% 5,800 Operations 01-150-65-00-5801 ENGINEERING SUPPLIES 2,520 2,205 3,000 3,000 2,500 (500) -17% 01-150-65-00-5802 OFFICE SUPPLIES 2,464 1,563 2,500 2,500 2,000 (500) -20% 01-150-65-00-5809 PRINTING & COPYING 1,667 1,853 2,250 2,250 2,250 - 0% 01-150-65-00-5816 ISWS GROUNDWATER STUDY - - - - 1,000 1,000 New 7,750 Retirement 01-15042-00-6500 DvW PARTICIPANTS 19,812 21,193 27,393 27,393 32,452 5,059 18% 01-150-7240-6501 SOCIAL SECURITY & MEDICARE 18,344 20,403 27,537 27,537 329283 4,746 17% 64,735 Capital Outlay 01-150-75-00-7002 COMPUTER EQUIP & SOFPWARE 3,759 9,224 20,500 10,500 4,100 (6,400) -61% 01-150-75-00-7003 OFFICE EQUIPMENT 70 2,556 2,500 2,500 1,000 (1,500) -60% 5,100 Other Operating Expenses 01-150-78-00-9005 MERIT/COLA - - 13,843 - 16,277 16,277 TOTAL EXPENSES: ENGINEERING 395,610 470,658 553,439 455,939 549,097 93,158 -1% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Public Safety/Police Dept. Expenses 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET % CHANGE % CHANGE Personnel 01-210-50-00-5107 SALARIES - EMPLOYEES 612.211 859,924 1,254,261 1,315,000 1,181,811 (133,189) -10% 01-210-50-OD-5131 SALARIES - LIEUT./SERGEANTS/CHIEI 541,474 606,857 555,341 660,000 705,227 45,227 7% O1-210-50-00-5134 SALARIES - CROSSING GUARD 16,406 18,824 22,425 22,425 26,350 3,925 18% 01-210-50-00-5135 SALARIES - POLICE CLERKS 102,684 128,326 111,269 180,000 202,535 2,535 13% 01-210-50-00-5136 SALARIES - PART TIME 37,588 21,895 36,750 36,750 30,000 (6,750) -18% 01-210-50-00-5137 SALARIES - OVERTIME 43,671 47,584 80,000 80,000 70,000 (10,000) -13% 01-210-50-00-5200 CADETPROGRAM 9,814 18,324 33,000 33,000 36,000 3,000 9% 2,251,923 Professional Services 01-210-61-00-5300 LEGAL SERVICES 17,726 33,874 20,000 10,000 10,000 - 0% Contractual Services 01-210-62-00-5408 MAINTENANCE - EQUIPMENT 8,000 8,600 11,000 11,000 15,000 4,000 36% 01-210-62-00-5409 MAINTENANCE - VEHICLES 27,805 35,405 35,000 35,000 40,000 5,000 14% 01-210-62-00-5410 MAINT-OFFICE EQUIPMENT 2,500 2,625 4,500 4,500 5,000 500 11% 01-210-62-00-5411 MAINTENANCE - COMPUTERS 2,100 6,000 10,000 10,000 100000 - 0% 01-210-62-00-5412 MAINTENANCE - K9 - - 2,000 2,000 2,000 - 0% 01-210-62-00-5414 WEATHER WARNING SIREN MAINT 3,310 6,520 6,600 6,600 6,930 330 5% 01-210-62-00-5421 WEARING APPAREL 24,773 29,656 30,000 30,000 33,000 3,000 10% 01-210-62-00-5422 COPS GRANT N - VESTS 2,634 3,471 6,000 6,000 8,000 2,000 33% O1-210-62-00-5429 PSYCHOLOGICAL TESTING 1,470 3,250 3,500 4,000 2,000 (2,000) -50% 01-210-62-00-5430 HEALTH SERVICES 2,357 7,527 3,500 4,000 6,000 2,000 50% 01-210-62-00-5431 LABORATORY FEES - - - - 2,000 2,000 New 01-210-62-00-5432 KENDALL CO. JOVE PROBATION - - - - 3,000 3,000 New 01-210-62-00-5436 TELEPHONE 16,908 17,245 23,000 23,000 23,000 - 0% O1-210-62-00-5438 CELLULAR TELEPHONE 11,993 14,524 17,500 17,500 19,420 1,92D 11% 01-210-62-00-5441 MTD-ALERTS FEE 4,620 5,038 10,562 10,562 12,000 1,438 14% 01-210-62-00-5442 NEW WORLD LIVE SCAN - - - 8,634 8,634 New 195,984 Professional Development 01-210-64-00-5600 DOES 1,953 2,500 4,000 4,000 4,000 - 0% 01-210-64-00-5603 SUBSCRIPTIONS 266 346 500 500 600 100 20% O1-210-64-00-5604 TRAINING & CONFERENCE 19,214 16,532 33,025 33,025 33,025 - 0% 01-210-64-00-5605 TRAVEL EXPENSES 10,367 8,735 12,075 12,075 12,075 - 0% 01-210-64-00-5606 COMMUNITY RELATIONS 5,500 11,685 10,000 10,000 10,000 - 0% 01-210-64-00-5607 POLICE COMMISSION 7,600 8,333 22,050 22,050 25,000 2,950 13% 01-210-64-00-5608 TUFTION REBABURSEMENT 12,522 13,328 14,000 14,000 109000 (4,000) -29% 01-210-64-00-5610 GUN RANGE FEES 625 400 1,000 1,000 1,000 - 0% 01-210-6440-5611 SPECIAL RESPONSE TEAM FEE 2,000 3,490 4,025 4,025 4,000 (25) -i% 01-210-64-00-5612 NEIGHBORHOOD WATCH - - 1,200 1,200 1,500 300 25% 01-210-64-00-5613 CITIZENS POLICE ACADEMY - - 2,420 2,420 2,500 80 3% 01-210-64-00-5614 CHAPLAIN PROGRAM - - 1,400 1,400 400 (1,000) -71% 01-210-64-00-5615 COMPLIANCE CHECKS - - 500 500 500 - 0% 01-210-64-00-5616 DAREPROGRAM - - 5,000 5,000 5,250 250 5% 109,850 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Publice Safety/Police Dept. Expenses Continued 2007-2008 2003-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET $ CHANGE % CHANGE Operations 01-210-65-00-5802 OFFICE SUPPLIES 6,499 7,751 10,000 10,000 9,000 (1,000) -10% 01-210-65-00-5803 E\RDENCE TECH SUPPLIES - - 5,000 5,000 2,500 (2,500) -50% 01-210-65-00.5804 OPERATING SUPPLIES 16,000 20,027 19,320 19,320 19,500 180 1% OI-210-65-00-5808 POSTAGE & SHIPPING 2,662 3,635 5,000 5,000 5,250 250 5% 01-210-65-00-5809 PRINTING & COPYING 4,500 5,484 6,000 6,000 7,500 1,500 25% 01-210-65-00-5810 PUBLISHING & ADVERTISING 1,000 521 2,000 2,000 2,000 - 0% 01-210-65-00.5812 GASOLINE 53,503 60,618 75,000 75,000 80,000 5,000 7% 01-210-65-00.5813 AMMUMTION 5,000 5,439 6,000 6,000 6,300 300 5% 132,050 Retirement 01-210-72-00.6500 RARE PARTICIPANTS 8,331 10,344 11,800 16,000 189272 2,272 14% 01-210-72-00-6501 SOCIAL SECURITY & MEDICARE 112,468 139,421 140,750 165,500 174,135 8,635 5% 01-210 42-00-6502 POLICE PENSION 231,124 248,988 275,000 275,000 300,000 25,000 9% 492,406 Capital Outlay 01-210-75-00-7002 COMPUTER EQUIP & SOFTWARE 8,499 8,716 7,500 7,500 10,000 2,500 33% Other Operating Expenses 01-210-78-00-9004 BIKE PATROL 1,423 1,192 2,500 2,500 1,000 (1,500) -60% 01-210-78-00-9005 MERIT/COLA - - 27,318 - 36,310 36,310 37,310 TOTAL EXPENSES: PUBLIC SAFETY/POLICE DE 2,101,634 2,589,749 3,215,632 3,227,352 3,239,524 12,172 1% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Community Development Expenses 2007-zoos 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Aetna! Actual Original Bud, Amendment BUDGET SCHANGE % CHANGE Personnel 01-220-50-00-5107 EMPLOYEE SALARIES 7,665 121,163 302,853 305,000 340,955 38,102 13% Profasional Services 01-220-61-00-5300 LEGALSERVICES 50,291 28,805 20,000 20,000 20,000 - 0% Contracural Services 01-220-62-00-5401 CONTRACTUAL SERVICES 34,669 55,415 37,500 54,315 30,000 (7,500) -20% 01-220-62-00-5430 PLANNING CONSULTANT 8,028 37,958 50,000 - 50,000 - 0% 01-220-62-00-5432 ECONOMIC DEVELOPMENT 45,000 45,000 45,000 45,000 45,000 - 0% 01-220-62-00-5438 CELLULAR TELEPHONE 307 1,059 1,000 1,000 1,500 500 50% 126,500 Profasional Development 01-220-64-00-5600 DUES 400 1,753 1,500 1,500 1,500 - 0% 01-220-64-00-5604 TRAINING & CONFERENCES 2,284 5,175 7,500 7,500 5,000 (2,500) i3% 01-220-64-00-5605 TRAVEL ES.RENSE - 2,479 2,500 2,500 2,000 (500) -20% 8,500 Operations 01-220-65-00-5804 OPERATING SUPPLIES 1,676 5,761 7,500 7,500 81000 500 7% 01-220-65-00-5809 PRINTING & COPYING 558 521 2,000 2,000 1,500 (500) -25% 01-220-65-00-5810 PUBLISHING & ADVERTISING 4,660 3,040 8,000 2,000 11500 (6,500) -81% 01-220-65-00-5814 BOOKS & MAPS 1,079 2,469 4,000 2,000 2,000 (2,000) -50% 13,000 Retirement 01-220-72-00-6500 RARE PARTICIPANTS - 9,345 24,563 24,563 27,126 2,563 10% 01-220-72-00-6501 SOCIAL SECURITY & MEDICARE - 9,221 24,693 24,693 26,985 2,292 9% 54,111 Capital Outlay 01-220-75-00-7002 COMPUTER EQUIP & SOFTWARE 8,966 47,630 10,000 10,000 61000 (4,000) 40% 01-220-75-00-7003 OFFICE EQUB'MENT 27,081 10,070 5,000 5,000 1,000 (4,000) -80% 7,000 Other Operation Expenses 01-220-78-00-9005 MERIT/COLA - - 11,645 - 13,638 1,993 17% TOTAL EXPENSES: COMMUNITY DEVELOPMENT 193,085 386,864 573,535 524,771 583,704 10,169 2% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Street Expenses 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budget Amendment BUDGET SCHANGE % CHANGE Personnel 01410-50-00-5107 SALARIES - EMPLOYEE 169,756 222,077 263,748 280.000 240,825 (39,175) 44% 01-410-50-00-5136 SALARIES - PART TRAE 1,484 3,096 9,600 5,500 107000 4,500 82% 01410-50-00-5137 SALARIES - OVERTIME 16,557 12,637 20,000 20,000 15,000 (5,000) -25% 265,825 Professional Senrzces 01 410-61-00-5314 INSPECTIONS & LICENSES 316 509 400 400 400 - 0% Contractual Services 01410-62-00-5401 CONTRACTUAL SERVICES 1,176 2,659 2,000 2,000 2,000 - 0% 01410-62-00-5408 MAINTENANCE-EQUIEMENT 10,505 5,803 8,000 8,000 91000 1,000 13% 01410-62-00-5409 MARTIENANCEVEHICLES 14,913 17,030 15,000 15,000 18,000 3,000 20% 01 410-62-00-5414 MAINTENANCE-TRAFFIC SIGNALS 11,299 22,645 18,000 18,000 15,000 (3,000) -17% 01410-62-00-5415 MAINTENANCE-STREETLIGHTS 28,548 15,824 26,500 26,500 20,000 (6,500) -25% 01410-62-00-5420 MAINTENANCE-STORM SEWER - 2,231 10,000 10,000 10,000 - 0% 01 410-62-00-5421 WEARING APPAREL 5,157 4,401 6,150 6,150 4,150 (2,000) 33% 01410-62-00-5434 RENTAL-EQUIPMENT - 1,271 2,000 2,000 1,000 (1,000) -50% 01-410-62-00-5435 ELECTRICITY 56,246 77,684 74,400 74,400 78,120 3,720 5% 01410-62-00-5438 CELLULAR TELEPHONE 2,814 3,197 4,000 4,000 3,300 (700) -18% 01410-62-00-5440 STREET LIGHTING 687 200 6,000 6,000 1,000 (5,000) -83% 161,570 Professional Development 01410-64-00-5604 TRAINING & CONFERENCES 4,862 947 7,525 7,525 4,500 (3,025) 40% Operations 01410-65-00-5804 OPERATING SUPPLIES 19,236 18,166 30,000 15,000 15,000 - 0% 01-410-65-00-5812 GASOLINE 32,943 36,368 30,250 30,250 33,275 3,025 10% 01410-65-00-5815 HAND TOOLS 2,507 187 2,500 2,500 1,500 (1,000) 40% 01410-65-00-5817 GRAVEL 902 2,149 2,500 2,500 2,500 - 0% 52,275 Retirement 01-410-72-00-6500 RARE PARTICIPANTS 15,060 18,313 21,238 21,238 20,308 (930) 4% 01410-72-00-6501 SOCIAL SECURITY & MEDICARE 14,365 18,200 21,349 21,349 20,962 (387) -2% 41,270 Capital Outlay 01410-75-00-5418 MOSQUITO CONTROL 20,296 28,414 30,000 30,000 30,000 - 0% 01410-75-004004 SAFETY EQUIPMENT 708 1,793 1,000 1,000 1,000 - 0% 01410-75-00-7102 TREE & STUMP REMOVAL 9,510 9,623 23,000 23,000 5,000 (18,000) -78% 01410-75-004404 HANGING BASKETS - 2.442 2,000 2,000 2,000 - 0% 38,000 Other Operation Expenses 01410-78-00-9005 MERIT/COLA - - 8,974 - %633 9,633 TOTAL EXPENSES: STREETS 2,859,373 1,657,567 7,069,560 5,423,725 573,473 (4,850,252) -92% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL GENERALFUND Health & Sanitation Expenses 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budge Amendment BUDGET SCHANGE % CHANGE Contractual Senlices 01-540-62-00-5442 GARBAGE SERVICES 591,517 747,186 1,031,401 1,000,000 1,300,000 300,000 30% 01-540-62-00-5443 LEAP PICKUP 7,050 5,235 6,000 6,000 60000 - 0% 1,306,000 TOTAL EXPENSES: HEALTH & SANITATION 598,567 752,421 1,037,401 1,006,000 1,306,000 300,000 30% "The ($600,000) is projected to come from the general fund balance. UNITED CITY OF YORKVILLE KENDALL COUNTY, IL SPECIAL SERVICE AREA Fox Hill Special Service Area 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budge Amendment Budget $ CHANGE % CHANGE Revenues Taxes 11-000-40-00-4002 FOX HILL LEVY REVENUE - 18,204 18,000 61376 6,376 - 0% TOTAL REVENUES: - 18,204 18,000 6,376 61376 - 0% Expenses Operations 11-000-65-00-5416 MAINTENANCE COMMON ( - 81625 18,000 6,376 69376 - 0% TOTAL EXPENSES: - 8,625 18,000 6,376 69376 - 0% TOTAL FUND REVENUES 185204 18,000 6,376 61376 0% TOTAL FUND EXPENSES 8,625 18,000 6,376 6,376 0% FUND SURPLUS (DEFICIT) BALANCE 95579 - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL SPECIAL SERVICE AREA Sunflower Special Service Area 2005-2006 20062007 2007-2008 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budge[ Amendment BUDGET $ CHANGE % CHANGE Revenues Taxes 12-000-40-004002 SUNFLOWER LEVY REVENUE - - 18,000 15,925 15,925 - 0% TOTAL REVENUES: - - 18,000 15,925 159925 - o% Expenses Operations 12-000-65-00-5416 MAINTENANCE COMMON GROI - - 18,000 15,925 159925 - 0% TOTAL EXPENSES - - 18,000 15,925 15,925 - o% TOTAL FUND REVENUES - - 185000 15,925 15,925 - 0% TOTAL FUND EXPENSES - - 185000 15,925 15,925 - 0% FUND SURPLUS (DEFICIT) BALANCE - - - - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL MOTOR FUEL TAX Motor Fuel Tax 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET S CHANGE % CHANGE 15-000-40-00-3999 BEGINNING FUND BALANCE - 505,226 194,152 190,000 118,520 (71,480) -38% Revenues Taxes 15-000-40-00-4060 MOTOR FUEL TAX ALLOTMENTS 266,560 307,043 315,000 315,000 3259000 10,000 3% Miscellaneous 15-000-44-00-4401 GAME FARM ROAD DESIGN - - 157,000 157,000 157,000 - 0% Investment Income 15-000-46-004600 INVESTMENT INCOME 15,528 24,062 13,500 15,000 14,000 (1,000) -7% TOTAL REVENUES: MOTOR FUEL TAX 282,089 848,137 679,652 677,000 614,520 (62,480) -10% Expenses Capital Outlay 15-000-65-00-5818 SALT 46,482 63,801 78,010 75,925 869000 10,075 13% 15-000-75-00-7007 SIGNS 91799 91574 9,990 9,990 149550 4,560 46% 15-000-75-00-7008 CRACK FILLING 32,200 18,759 - 2,085 28000 17,915 859% 15-000-75-00-7106 GAME FARM SURVEYING - - 68,000 68,000 68,000 - 0% 15-000-75-00-7107 GAME FARM ENGINEERING 65,721 34,902 317,000 317,000 314,000 (3,000) -1% 15-000-75-00-7110 COLD PATCH 886 3,996 81000 81000 31720 (4,280) -54% 15-000-75-00-7111 HOTPATCH 1,830 6,977 91600 9,600 81250 (1,350) -14% 15-000-75-00-7119 GAME FARM ROW - - - - 100,000 100,000 New 614,520 TOTAL EXPENSES: 200,044 339,906 679,652 677,000 614,520 (62,480) -10% TOTAL FUND REVENUES 282,089 848,137 679,652 677,000 6149520 (62,480) -10% TOTAL FUND EXPENSES 200,044 339,906 679,652 677,000 6149520 (62,480) -10% FUND SURPLUS (DEFICIT) BALANCE 82,045 508,231 - - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL CAPITAL FUNDS Municipal Building 2007-2008 2005-2006 2006-2007 Original 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE % CHANGE 16-00040-00-3999 BEGINNING FUND BALANCE - (208,136) - - Revenues Charges for Services 16-000-42-004211 DEVELOPMENT FEES-BUILDING 85,950 79,350 400,000 296,705 100,000 - -66% TOTAL REVENUES: 235,088 (38,421) 409,000 305,705 1009000 (205,705) -76% Expenses Capital Outlay 16-000-75-00-7211 NEW BUILDINGS - - 51,577 - 40,600 - Transfer Out 16-000-99-00-9965 TRANSFER TO DEBT SERVICE 103,923 102,423 102,423 102,423 59,400 (182,500) 42% TOTAL EXPENSES: 192,957 237,685 409,000 305,705 100,000 (162,682) -76% TOTAL FUND REVENUES 235,089 (39,421) 409,000 305,705 1007000 (205,705) -76% TOTAL FUND EXPENSES 192,957 237,685 409,000 305,705 100,000 (162,682) -76% FUND SURPLUS (DEFICIT) BALANCE 42,131 (276,106) - - - (43,023) UNITED CITY OF YORKVILLE KENDALL COUNTY, IL CAPITAL FUNDS Police Capital 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment Buse[ SCHANGE % CHANGE 20-00040-00-3999 BEGINNING FUND BALANCE - 165,558 82,648 80,000 125,598 45,598 57% Revenues Charges for Services 20-000-42-00-4212 DEV FEES - POLICE 195,600 140,850 235,000 155,000 200,000 45,000 29% Miscellaneous 20-000-44-004402 K-9 DONATIONS 200 2,977 - 50 50 - 0% 20-000-44-004403 IN CAR VIDEO DONATIONS 8,130 11,150 6,000 2,000 29000 - 0% 20-00044-00-4404 DONATIONS 1,500 42 - 2,000 21000 - 0% 20-00044-004405 WEATHER WARNING SIREN 29,231 8,358 15,000 7,500 77500 - 0% 11,550 Transfers In 20-00049-004901 TRANSFER FROM GENERAL FD - 82,402 - - - - TOTAL REVENUES: 281,174 412,287 338,648 246,950 3377148 (1,500) 0% Expenses Capital Outlay 20-000-65-00-5811 LEIHALNON-LETHAL WEAPON 6,825 7,000 10,000 8,000 10,000 2,000 25% 20-000-75-00-7001 EQUIPMENT 20,000 36,604 36,411 20,000 40,000 20,000 100% 20-000-75-00-7002 K-9 EQUIPMENT - 1,242 2,500 2,500 27500 - 0% 20-000-75-00-7005 VEHICLES 72,385 104,270 80,000 80,000 85,000 5,000 6% 20-000-75-00-7006 CAR BUILD OUT 25,621 47,136 68,948 53,802 50,000 (3,802) -7% 20-000-75-00-7008 NEW WEATHER WARN SIRENS 10,450 - 37,000 - 37,000 37,000 20-000-75-00-7009 RES-WEATHER WARN SIREN - - 82,648 82,648 82,648 - 0% 20-000-75-00-7011 ARCHITECT FEES - 309000 30,000 New 337,148 Transfer Out 20-000-99-00-9965 TRANSFER TO DEBT SERV FD 24,110 - - - - TOTAL EXPENSES: 185,916 196,252 338,648 246,950 3379148 (1,500) 0% TOTAL FUND REVENUES 281,174 412,287 338,648 246,950 337,148 (1,500) 0% TOTAL FUND EXPENSES 185,916 196,252 338,648 246,950 3379148 (1,500) 0% FUND SURPLUS (DEFICIT) BALANCE 95,258 216,035 - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL CAPITAL FUNDS Public Works Capital 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008 - 2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET S CHANGE CHANGE 21-000-40-00-3999 BEGINNING FUND BALANCE - 585,955 200,000 200,000 90,000 (110,000) Revenues Charges for Services 21-000-42-004213 DEVELOPMENT FEES-PUBLIC WKS 481,500 344,750 600,000 369,600 2809000 (89,600) -24% Miscellaneous 21-000-44-00-4430 SALE OF EQUIPMENT 34,114 - 65,000 63,316 16,000 (47,316) -75% TOTAL REVENUES: 595,614 1,010,705 865,000 632,916 386,000 (479,000) -39% Expenses Capital Outlay 21-000-75-00-7001 EQUIPMENT - - 125,000 125,000 559000 (70,000) -56% 21-000-75-00-7005 VEHICLES 184,968 286,326 385,000 313,316 1617000 (152,316) -49% 21-000-75-00-7015 SKID STEER UPGRADE 31952 4,500 91500 9,500 5,000 (4,500) -47% 21-000-75-00-7107 TRUCK ACCESSORIES 11,445 5,185 14,000 14,000 99000 (5,000) -36% 21-000-75-00-7130 FACILITY EXPANSION 4,000 71442 200,000 53,600 1289600 75,000 140% 358,600 TOTAL EXPENSES: 209,165 363,611 865,000 632,916 3589600 (506,400) 43% TOTAL FUND REVENUES 595,614 1,010,705 865,000 632,916 386,000 (479,000) -39% TOTAL FUND EXPENSES 209,165 363,611 865,000 632,916 3589600 (506,400) 43% FUND SURPLUS (DEFICIT) BALANCE 386,449 647,094 0 - 279400 27,400 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL CAPITAL FUNDS Parks & Recreation Capital 2007-2008 2005-2006 2006-2007 Original 2007-2008 Budget 2008 - 2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budge[ Amendment BUDGET S CHANGE % CHANGE 22-00040-00-3999 BEGINNING FUND BALANCE - 11,454 105,000 85,000 26,948 (58,052) -68% Revenues Charges for Services 22-00042-004216 PARKS CAPITAL FEE 23,900 17,350 30,000 18,000 187000 - 0% Miscellaneous 22-00044-004430 SALE OF VEHICLES/EQUIPNIE, T - - - 16,000 209000 4,000 25% TOTAL REVENUES: 30,900 178,804 180,000 161,500 64,948 (96,552) -60% Expenses Capital Outlay 22-610-75-00-7015 PARKS EQUIPMENT 51961 13,267 30,000 66,000 193948 (46,052) -70% 22-610-75-00-7018 PARK REDEVELOPMENTS - - 100,000 65,500 45,000 (20,500) -31% 64,948 TOTAL EXPENSES: PARKS 85,136 81,989 180,000 161,500 649948 (96,552) -60% TOTAL FUND REVENUES 30,900 178,804 180,000 161,500 649948 (96,552) -60% TOTAL FUND EXPENSES 85,136 81,989 180,000 161,500 64,948 (96,552) -60% FUND SURPLUS (DEFICIT) BALANCE (54,236) 96,815 - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL CAPITAL FUNDS City Wide Capital 2007-2008 2005-2006 2006-2007 2007-2008 Budget 2008 - 2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Original Budge[ Amendment BUDGET S CHANGE % CHANGE Revenues Charges for Services 23-000-40-00-3996 ROAD CONTRIBUTION - - - - 8009000 800,000 New 23-00042-004211 ENGINEERING CAPITAL FEE - - - - 409000 40,000 New 840,000 Intergovernmental 23-00045-004500 DOWNTOWN BRWN GRANT - - - - 1009000 100,000 New Transfers 23-00049-004901 TRANSFER FROM GEN FD - - - - 375,000 375,000 New TOTAL REVENUES: - - - - 11315,000 1,315,000 New Expenses Capital Outlay 23-000-75-00-7005 ENGINEER CAPITAL (VEHICLES) - - - - 4%000 40,000 New 23-000-75-00-7099 PERIMETER RD STUDY - - - - 40,000 40,000 New 23-000-75-00-7101 RON CLARK PROPERTY - - - - 100,000 100,000 New 23-000-75-00-7102 MCHUGHROAD - - - - 30%000 300,000 New 23-000-75-00-7103 SIDEWALK REPLACEMENT - - - - 15,000 15,000 New 23-000-75-00-7104 ROB ROY FALLS SIGNAL - - - - 75,000 75,000 New 23-000-75-00-7105 BEECHER RD STUDY - - - - 100,000 100,000 New 23-000-75-00-7106 DOWNTOWN BROWNFIELD - - - - 10%000 100,000 New 23-000-75-00-7107 COMED BIKE TRAIL - - - - 509000 50,000 New 23-000-75-00-7108 RAYMOND BASIN - - - - 30,000 30,000 New 23-000-75-00-7109 KENNEDY ROAD - - - - 909000 90,000 New 23-000-75-00-7110 ASPHUALT PAVEMENT TREAT - - - - 50,000 50,000 New 23-000-75-00-7115 PALMER COURT - - - - 659000 65,000 New 23-000-75-00-7117 FAXON ROAD ROW - - - - 1009000 100,000 New 1,155,000 TOTAL EXPENSES - - - - 1,155,000 11155,000 New TOTAL FUND REVENUES - - - - 1,3159000 1,315,000 New TOTAL FUND EXPENSES - - - - 1,1559000 1,155,000 New FUND SURPLUS (DEFICIT) BALANCE - - - - 1609000 160,000 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL DEBT SERVICE Debt Service 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE % CHANGE Revenues Transfers In 42-00049-00-4901 TRANSFER FROM GENERAL FOND - 292,859 284,202 231,884 425,124 193,240 83% 42-000 49-004940 TRANSFER FROM MUNICIPAL BLDG 103,923 102,423 102,423 102,423 59,400 (43,023) -42% 484,524 TOTAL REVENUES: 1,185,242 1,631,696 2,600,872 2,752,259 484,524 (2,267,735) -820/a Expenses Debt Services 42-000-66-00-6001 CITY HALL BONDS-PRINCIPAL PMT 50,000 50,000 50,000 50,000 59,400 9,400 19% 42-000-66-00-6070 $650K ROAD IMPROVEMENT FROG INT. 14,273 26,070 22,820 22,820 29,745 6,925 30% 42-000-66-00-6071 $650K ROAD IMPROVEMENT FROG PRIM( 50,000 65,000 75,000 75,000 75,000 - 0% 42-000-66-00-6074 $3.825 MILLION IN TOWN ROAD - NT. - 183,870 156,779 156,779 160,379 3,600 2% 42-000-66.00-6075 $3.825 MILLION IN TOWN ROAD - PRNC - - 160,000 160,000 160,000 - 0% 484,524 TOTAL EXPENSES: 1,210,501 1,603,445 2,600,872 2,752,259 484,524 (2,267,735) -82% TOTAL FUND REVENUES 1,185,242 1,631,696 2,600,872 2,752,259 484,524 (2,267,735) -82% TOTAL FUND EXPENSES 1,210,501 1,603,445 21600,872 2,752,259 4849524 (2,267,735) -82% FUND SURPLUS (DEFICIT) BALANCE (25,259) 28,251 - - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL WATER OPERATIONS AND IMPROVEMENT FUND Water Operation Revenues 2007-2008 2005-2006 2006-2007 Original 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTT ON Actual Actual Budget Amendment BUDGET SCHANGE % CRANGE 51-WO-40-00.3999 BEGINNING FUND BALANCE 441,462 600,497 - - 296,858 296,858 New Charges for Services 51-00042-00 4240 BULK WATER SALES 11,973 11,833 1ONO 20,000 10,000 (10,000) -50% 51-000-42-004241 WATER SALES 1_22,781 1,324,777 1,300,000 1,350,000 1,450,000 100,000 7% 51-00042-004242 WATER METER SALES 291,498 418,028 390,000 240,000 200,000 (40,000) -17% 51-000-42-004243 LEASE REVENUE- MO TOWER 22,415 23,287 31,000 31,000 31,000 - 0% 1,691,000 Miscellaneous 51-100-04-004490 MISCELLANEOUS INCOME 290 488 - - - - Investment Income 51-00046-00 4600 INVESTMENT INCOME 25,069 74,789 23,683 35,000 35,000 - 0% Transfers 51-00049-004901 TRANSFER FROM WM IMPROVE - - - - - 51-000-09-00-0902 TRANSFER FROM SAN IMPROVE - - - - - - TOTAL REVENUES: OPERATIONS 2,015,487 2,453,699 1,754,683 1,676,000 2,022,858 346,858 21% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL WATER OPERATIONS AND IMPROVEMENT FUND Water Improvement Revenues 2007-2008 2005-2006 2006-2007 Original 2007-2008 Budget 200&2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE % GRANGE 51-200-40-00.3999 BEGINNING FUND BALANCE (417,093) (52,217) (1,472,375) - 527,625 527,625 Charges for Services 51-20042-00-4220 CONNECTION FEES 1,537,680 1,319,125 1,500,000 7062,000 532,000 (530,000) -50% 51-20042-004230 MPI CONNECTION FEE RECOV - - - - 425,600 425,600 New 51-20042-00.4240 AUTUMN CREEK CONN RECO - - - - 106,400 106,400 New 51-20042-00-4221 SW WTR MAIN PROJECT REV 35,958 515 2,648,276 2,000,000 10,800,000 8,800,000 440% 51-20042-00-0222 USGS SHALLOW WATER REV - - - 96,000 (96,000) -100% 11,864,000 Mucellaneous 51-20044-00-0490 MISCELLANEOUS INCOME - - - - - - Intergovernmental 51,200-45-004530 RADIUM GRANT - - - - - Investment Income 51-20046-004600 INVESTMENT INCOME 71,127 44,232 55,000 30,000 30,000 - 0 Debt Service Revenue 51-20048-004800 LOAN PROCEEDS CONTRACT BA - 1,402,853 - - - - 51-200-48-004801 ]EPA LOAN CONTRACT B PROC 2,046,893 - - 456,410 - (456,410) -1 51-20048-004802 PROCEEDS ON SALE OF ATS - - - - - 51-20048-004803 LOAN PROCEEDS - CTL ZONE - - - - - - Transfers 5120049-004901 TRANSFER FROM GENERAL FD 215,000 220,000 200,000 200,000 2009000 - 0 TOTAL IMPROVEMENTS REVENUES: 3,489,565 2,934,508 2,930,901 3,844,410 12,621,625 9,690,724 2280/6 TOTAL REVENUES: 5,505,052 5,388,207 4,685,584 5,520,410 14,644,483 10,037,582 213% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL WATER OPERATIONS AND IMPROVEMENT FUND Water Operation Expenses 2007-2008 20052006 20042007 Original 2007-2008 Budget 2008-2009 ACCOUNTNUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET SCHANGE % CHANGE Personnel Services 51-000.50-00-5107 SALARIES- EMPLOYEE 250,525 272,639 297,738 350,000 330,849 (19,151) -5% 51-000-50-00-5110 SALARIES - SECRETARIAL - - - - - 51-000-50-00-5136 SALARIES- PART TEAE 5,216 2,766 8,500 8,500 51000 (3500) -41% 51-000-50-00-5137 SALARIES- OVERTIME 38,898 42,723 40," 40,000 35,000 (5,000) -13% 370,849 Professional Services 51-OD0-61-00-5300 LEGAL SERVICES 338 - 2,000 2,000 2,000 - 0% 51-000-61-00-5303 JULIE SERVICE 8,494 9,975 11,DW 11,000 11,000 - 00/0 13,000 Contractual Services 51-000fi2-00-5401 CONTRACTUAL SERVICES 4,227 4,925 9,000 9,000 71500 (1,500) -17% 51-000-62-00-5407 TREATMENT FACILITIES O & M 73,749 101,895 157,000 157,000 220,000 63,000 40% 51-000-62-00-5408 MAINTENANCE-EQUIPMENT 1,941 7,137 5,000 5,000 7,500 2,500 500/0 51-000-62-00-5409 MAINTENANCE-VEHICLES 1,109 2,072 7,000 7,000 8,000 1,000 14% 51-000-62-00-5411 MAINTENANCE-COMPUTERS 132 150 500 - 500 500 51-000-62-00-5421 WEARING APPAREL 2,451 4,499 4,850 4,850 4,500 (350) -70/6 51-000-62-00.5434 RENTAL- EQUIPMENT - 240 2,000 2,000 2,000 - 0% 51-000-62-00-5435 ELECTRICITY 116,401 121,844 161,200 250,000 275,000 25,000 10% 51-000-62-045436 TELEPHONE 16,126 35,764 22,000 22,000 22,000 - 0% 51-000-62-00-5438 CELLULAR TELEPHONE 3,930 3,733 3,300 3,300 3.100 - 0% 51-000-62-00-5422 WATER TOWER PAINTING - - - - 335,000 335,000 51-000-62-00-5439 LEAK DETECTION SURVEY - - - - 18,000 18,000 903.300 Professional Development 51-000-64-00-5600 DUES 770 1,161 1,000 1,000 1,000 - 00/0 514)00-64.00.5603 SUBSCRIPTIONS I 21 250 250 250 - 00/1 51-000-64-00-5604 TRAINING & CONFERENCES 2,741 2,514 2,900 2,900 1,900 (1,000) -34% 51-000-64-00.5605 TRAVEL/ MEALS /LODGING 945 1,321 5,400 5,400 4,000 (1,400) -260A 7,150 Operations 51-000-65-00.5804 OPERATING SUPPLIES 41,750 44,423 50,000 50,000 45,000 (5,000) -109/0 51-000-65-00-5808 POSTAGE & SHIPPING 14,002 13,935 18,000 18,000 18,000 - T11 51-000-65-00.5809 PRINTING& COPYING 9,610 9,981 11,000 11,000 13,000 2,000 18% 51-000-65-00-5810 PUBLISHING & ADVERTISING 150 1,137 1,000 1,000 1400 200 20% 51-000-65-00-5812 GASOLINE 21,296 31,628 35,000 35,000 38,500 3,500 100/0 51.000-65.00-5815 HAND TOOLS 20 38 1,000 1,300 1,000 (300) -23% 51-000-65-00.5817 GRAVEL 2,256 3,248 5,000 5,000 4,000 (1,000) -20% 51-000-65-00-5822 WATER SAMPLES 21,412 18,592 14,000 14,WD 14,000 - 0°0 134,700 Retirement 51-000-72-00 -6500 IMRF PARTICIPANTS 23,343 26,570 25,467 30,250 29,0110 (1,250) 4 51-000-72-00-6501 SOCIAL SECURITY & MEDICARE 23,026 26,725 25,601 30,000 29,229 (771) -3% 58,229 Capital Outlay 51-000-75-00-7004 SAFETY EQUIPMENT 2,385 1,000 3,000 1,500 1,000 (500) -33% 51-000-75-00-7506 METER READERS 7,177 7,219 12,000 12,000 12,000 - 00/0 51-000-75-00-7507 HYDRANT REPLACEMENT 1,976 - 10,000 10,000 6,500 (3,500) -35% 51-000-75-00-7508 METERS & PARTS 285,457 252,008 300,000 266,976 280,000 13,024 5% 51-00A75-00-7509 ELECTRICITY MONITOR - - - - 12,0011 12,000 311,500 Other 51-000-78-00-9005 REFUND - - 1,500 1,500 1,800 - 00/ 51-000-78-00-9006 MERIT - - 11,910 - 13,234 13,234 51-000-78-00-9009 USE OF RESERVE - - 221,557 54,999 1,536 (53,463) -97% 16,270 Transfer Out 51-000-99-00-9901 TRANSFER TO GENERAL FUND 200,000 250,000 250,000 250,000 250,000 - 00/0 TOTAL OPERATIONS EXPENSES: 1,474,211 1,377,691 1,754,683 1,676,000 2,064998 388,998 23% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL WATER OPERATIONS AND IMPROVEMENT FUND Water Improvement Expenses: 2007-2008 2005-2006 2006-2007 Original 2007-2008 Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE 0/6 CHANGE Professional Semiees 51-200-6400-5300 LEGAL SERVICES 3,153 428 8,000 8,000 41000 (4,000) -50% 51-200-61-00-5301 ENGINEERING - GENERAL SVCS 14,636 20,000 40,000 40,000 20,000 (20,000) -50% 24,000 Contractual Services 51-200-62-00-5460 MPI RECOVERY - - - - 4257600 425,600 New 51-200-62-00-5461 AUTUMN CREEK RECOVERY - - - - 106,400 106,400 New 51-200-62-00-5462 FOX HILL WATERMAI' RECAPTURE - - - - 410,000 410,000 New 942,000 Delft Senice 51-200-66-00-6007 RADIUM COMPLIANCE BOND - - - - 33,150 33,150 New 51-200-66-00-6041 ]EPA DRINKING WATER PRINCIPAL - - - - 56$28 56,528 New 51-200-66-00-6042 IEPA DRINKING WATER INTEREST - - - - 52,708 52,708 New 51-200-66-00-6056 2006A REFUNDING WTR INTEREST BD - - - - 5,100 5,100 New 51-200-66-00-6057 2006A REFUNDING WTR PRINCIPAL BD - - - - 97,007 97,007 New 51-200-66-00-6058 NORTH WTR TOWER 2002 ISSUE BD - - - - 60,000 60,000 New 51-200-66-00-6059 2007A REFUNDING WTR BOND - - - - 135,066 135,066 New 51-200-66-00-6072 S2M ALT REV WATER INTEREST BOND - - - - 91,300 91,300 New 51-200-66-00-673 $2M ALT REV WATER PRINCIPAL BOND - - - - 75,000 75,000 New 605,859 Capital Outlay 51-20045-00-7503 SOUTHWEST WATER MAIN PRO] 24,800 - - - 10,8000000 10,800,000 New Transfer Out 51-200-99-DO-9901 TRANSFER TO GENERAL FUND 200,000 200,000 200,000 200,000 200,000 - 0% TOTAL IMPROVEMENT EXPENSES: 3,413,724 2,995,339 4,887,516 3,844,410 12,571,859 8,727,449 227% TOTAL EXPENSES: 4,887,935 4,373,030 6,642,199 5,520,410 14,636,857 9,116,447 165% TOTAL FUND REVENUES 5,505,052 5,388,207 4,685,584 5,520,410 14,6440483 10,037,582 165% TOTAL FUND EXPENSES 4,887,935 4,373,030 6,642,199 5,520,410 14,6360857 9,116,447 165% FUND SURPLUS (DEFICIT) BALANCE 617,118 1,015,177 (1,956,615) - 7,626 921,135 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL SEWER OPERATION AND IMPROVEMENT FUND Sanitary Sewer Operations Revenues 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE % CHANGE 52-000-40-00-3999 BEGINNING FUND BALANCE 327,526 657,374 - - 309,383 309,383 New Charges for Services 52-000-42-004250 SEWER MAINTENANCE FEES 478,385 576,524 486,000 486,000 500,000 14,000 3% 52-000-42-004251 SEWER CONNECTION FEES 180,600 142,660 260,000 146,000 2009000 54,000 37% 700,000 Investment Income 52-00046-004600 INVESTMENT INCOME 25,154 74,824 15,000 35,000 357000 - 0% TOTAL OPERATING REVENUES: 1,011,665 1,470,479 769,000 671,000 190449383 373,383 56% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL SEWER OPERATION AND IMPROVEMENT FUND Improvement Revenues 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRITTION Actual Actual Budget Amendment BUDGET 5 CHANGE % CHANGE Charges for Services 52-200-42-00-4220 CONNECTION FEES 1,281,300 1,033,136 904,491 874,375 800,000 (74,375) -0,08506 52-200-42-00-4229 NORTH BRANCH H2 (DEV REV) - - - 196509000 1,650,000 New 2,450,000 Investment Income 52-200-46-00-4600 INVESTMENT INCOME 243,928 158,809 75,000 30,000 30,000 - Transfer In 52-200-49-004901 TRANSFER FROM GENERAL FUND 150,000 150,000 150,000 150,000 150,000 - TOTAL IMPROVEMENT REVENUES: 17,607,493 6,291,089 12,567,759 7,105,270 296309000 (4,475,270) -63% TOTAL REVENUES: 18,619,158 7,761,568 13,336,759 7,776,270 31674,383 (4,101,887) -53% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL SEWER OPERATION AND IMPROVEMENT FUND Sanitary Sewer Operation Expenses 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET S CHANGE % CHANGE Personnel Services 52-000-50-00-5108 SALARIES-REGULAR 108,174 117,603 154,756 170,343 131,000 (39,343) -23% 52-000-50-00-5137 SALARIES-OVERTIME 3,060 3,300 12,000 12,000 81000 (4,000) -33% 139,000 Contractual Services 52-000-62-00-5401 CONTRACTUAL SERVICES 4,090 895 8,000 4,000 6,500 2,500 63% 52-000-62-00-5408 MAINTENANCE-EQUIPMENT 5,112 3,606 5,000 4,500 5,000 500 11% 52-000-62-00-5409 MAINTENANCE-VEHICLES 668 2,112 4,000 3,500 41000 500 14% 52-000-62-00-5419 MAINTENANCE-SANITARY SEWER 11,877 4,420 20,000 20,000 20,000 - 0% 52-000-62-00-5421 WEARING APPAREL 3,398 4,234 2,350 2,350 29500 150 6% 52-000-62-00-5422 LIFT STATION MAINTENANCE 23,232 11,626 25,000 25,000 25,000 - 0% 52-000-62-00-5434 RENTAL - EQUIPMENT - - 1,000 1,000 11000 - 00/0 52-000-62-00-5435 ELECTRICITY 33,628 78,450 75,000 50,000 757000 25,000 50% 52-000-62-00-5438 CELLULAR TELEPHONE 2,328 3,614 1,750 2,500 2,500 - 0% 141,500 Professional Development 52-000-64-00-5604 TRAINING & CONFERENCES 526 40 2,000 2,000 11000 (1,000) -50% 52-000-64-00-5605 TRAVEL / MEALS / LODGING 849 779 3,000 3,000 27000 (1,000) -33% 3,000 Operations 52-000-65-00-5802 OFFICE SUPPLIES 2,179 2,329 3,000 2,500 2,500 - 0% 52-000-65-00-5805 SHOP SUPPLIES 1,457 11933 3,000 2,500 2,500 - 0% 52-000-65-00-5812 GASOLINE 15,735 20,977 15,500 25,000 26,500 1,500 6% 52-000-65-00-5815 HAND TOOLS 415 - 1,000 1,200 1,000 (200) -17% 52-000-65-00-5817 GRAVEL 1,216 - 3,000 3,000 2,000 (1,000) -33% 34,500 Retirement 52-000-72-00-6500 ]MRF PARTICIPANTS 8,999 9,613 13,344 13,344 11,034 (2,310) -17% 52-000-72-00-6501 SOCIAL SECURITY & MEDICARE 8,672 9,537 13,414 13,414 10,977 (2,437) -18% 22,011 Capital Outlay 52-000-75-00-7002 COMPUTER EQUIP & SOFTWARE 443 976 2,000 2,000 21000 - 0% 52-000-75-00-7003 OFFICE EQUIPMENT 2,269 524 6,000 5,000 3,500 (1,500) -30% 52-000-75-00-7004 SAFETY EQUIPMENT 1,207 1,621 2,000 2,000 19000 (1,000) -50% 6,500 Other 52-000-78-00-9005 MERIT - - 6,190 - 59240 5,240 52-000-78-00-9009 USE OF RESERVE 9,800 - 296,667 224,217 1569657 (67,560) -30% 161,897 Transfers Out 52-000-99-00-9901 TRANSFER TO GENERAL FUND 70,000 70,000 70,578 70,578 70,000 (578) -1% TOTAL OPERATIONS EXPENSES 354,014 209,475 769,000 671,000 5789408 (92,592) -14% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL SEWER OPERATION AND IMPROVEMENT FUND Sanitary Sewer Improvement Expenses: 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET S CHANGE % CHANGE Contractual Services 52-200-62-00-5401 CONTRACTUAL/PROF SVCS 7,218 5,953 30,000 - 207000 20,000 52-200-62-00-5403 ENGINEERING - ZANGLER - - - - 20,000 20,000 40,000 Debt Services 52-200-66-00-6003 BRUELL ST INTEREST BOND - - - - 84,475 84,475 New 52-200-66-00-6004 BRUELL ST PRINCIPAL BOND - - - - 80,000 80,000 New 52-200-66-00-6008 COUNTRYSIDE PRINCIPAL BOND - - - - 135,000 135,000 New 52-200-66-00-6009 COUNTRYSIDE INTEREST BOND - - - - 1169138 116,138 New 52-200-66-00-6010 COMED HYDRALIC INTEREST BOND - - - - 409975 40,975 New 52-200-66-00-6011 COMED HYDRALIC PRINCIPAL BOND - - - - 145,000 145,000 New 52-200-66-00-6016 ROB ROY BOND - - - - 4689950 468,950 New 52-200-66-00-6049 SANITARY SIPHON INTEREST IEPA - - - - 8,301 8,301 New 52-200-66-00-6050 SANITARY SIPHON PRINCIPAL IEPA - - - - 30,679 30,679 New 52-200-66-00-6055 IEPA WASTE WATER LOAN - - - - 109,234 109,234 New 1,218,752 Capital Outlay 52-200-75-00-7509 NORTH BRANCH N2 - - - - 116509000 1,650,000 New 52-200-75-00-7510 FOX HILL SANITARY SEWER RECAP - - 150,000 150,000 3859000 235,000 157% 2,035,000 Transfer 52-200-99-00-9901 TRANSFER TO GENERAL FUND 150,000 150,000 150,000 150,000 150,000 - 0% TOTAL IMPROVEMENT EXPENSES: 12,944,026 903,565 7,180,236 7,105,270 39443,752 (3,661,519) -52% TOTAL EXPENSES: 13,298,040 1,113,040 7,949,236 7,776,270 41022,160 (3,754,110) -48% TOTAL FUND REVENUES 18,619,158 71761,568 13,336,759 7,776,270 37674,383 (4,101,887) -53% TOTAL FUND EXPENSES 13,298,040 1,113,040 7,949,236 7,776,270 49022,160 (3,754,110) 48% FUND SURPLUS (DEFICIT) BALANCE 5,321,118 6,648,528 5,387,523 - (3479777) (347,777) UNITED CITY OF YORKVILLE KENDALL COUNTY, IL LAND CASH Land Cash 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE % CHANGE 72-000.40-00-3999 BEGINNING FUND BALANCE 442,437 (200,757) (52,757) (251,283) (521,508) (270,225) 108% Revenues Contributions 72-00047-00-4700 OSLAD GRANT - PRAIRIE MEADOW - - 400,000 400,000 4009000 - 0% 72-000-47-004700 OSLAD GRANT - WHISPERING MEA 74,000 - 362,000 362,000 362,000 - 0% 72-00047-00-4702 BIKE PATH GRANT - - 200,000 - 200,000 200,000 0% 72-00047-004705 COUNTRY HILLS 6,921 3,076 1,200 1,200 19700 500 42% 72-00047-004712 RIVER'S EDGE 13,420 2,684 2,684 2,684 31684 1,000 37% 72-00047-004717 KYLYN'S CROSSING - - 1,570 1,570 11570 - 0% 72-00047-00-4723 HEARTLAND CIRCLE-LAND CASH 49,000 20,000 20,000 20,000 30,000 10,000 50% 72-0004 7-004734 WHISPERING MEADOWS - (Kimball Hill 46,239 43,983 14,100 14,100 12,000 (2,100) -15% 72-00047-004736 GBmeFgten F BRIARWOOD - - 113,043 113,043 113,043 - 0% 72-00047-004737 CALEDONIA - - 0 - 158,000 158,000 New 72-00047-004738 AUTUMN CREEK 55,241 17,844 22,280 26,517 25,000 (1,517) -6% 72-00047-004744 HUDSONLAKES - - 10,000 10,000 10,000 - 0% 72-00047-004745 PRESTWICK - - 20,000 20,000 30,000 10,000 50% 72-00047-004749 BLACKBERRY WOODS - 75,568 0 4,545 41000 (545) New 72-00047-004750 KENDALLWOOD ESTATES - - 10,000 10,000 15,000 5,000 50% 1,365,997 TOTAL REVENUES: 748,857 254,732 12 68,700 910,982 844,489 (66,493) -33% Expenses Capital Outlay 72-000-75-00-817 HEARTLAND CIRCLE - - - 167,000 167,000 New 72400-75-00-7326 MOSIER HOLDING COSTS - 15,685 15,700 15,700 10,000 (5,700) -36% 72-000-75-00-7328 PRAIRIE MEADOWS - (Menards Res.) - 22,964 442,000 150,000 295,000 145,000 97% 72-000-75-00-7330 WHISPERING MEADOWS - (Kimball 1-1111 19,811 49,248 700,000 350,000 374,000 24,000 7% 72-000-75-00-7332 CALEDONIA - - - 889000 88,000 New 72-000-75-00-7333 RAINIREE VILLAGE - 72,539 10,000 - 70,000 70,000 1,004,000 Transfer Out 72-000-99-00-9901 TRANSFER TO GENERAL FUND - 16,000 16,000 16,000 169000 - 0% TOTAL EXPENSES: 868,734 506,016 1,268,700 910,982 1,02%000 109,018 12% TOTAL FUND REVENUES 748,857 254,732 1,268,700 910,982 8449489 (66,493) -7% TOTAL FUND EXPENSES 868,734 506,016 1,268,700 910,982 110209000 109,018 12% FUND SURPLUS (DEFICIT) BALANCE (119,876) (251,284) 0 - (1759511) (175,511) UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARK AND RECREATION Parks & Recreation 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 .ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE % CHANGE 79-00040-00-3999 BEGINNING FUND BALANCE 142,356 77,292 - 42,540 - (42,540) -100% General Revenues Charges for Services 79-00042-004270 FEES FOR PROGRAMS 235,917 243,507 250,000 275,000 200,000 (75,000) -27% 79-00042-004280 CONCESSIONS/ALL SALE ITEMS 14,428 15,681 25,864 18,000 23,000 5,000 28% 79-000-42-004281 DEPOSITS 6,755 1,070 1,500 1,500 - (1,500) -100% 79-00042-004282 FARMERS MARKET - - - _ _ 79-00042-00-4283 SKATE PARK RENTAL - - - - - - 79-00042-004284 SAFETY TOWN BLDG - - - - - 79-00042-004285 VENDING MACHINE INCOME 459 207 400 2,150 700 (1,450) -67% 79-00042-004286 RENTAL INCOME 2,360 445 - - - 79-00042-004287 PARK RENTAL INCOME 390 810 600 1,815 4,000 2,185 120% 79-00042-004288 GOLF OUTING REVENUE 40,160 40,888 40,700 30,694 32,100 1,406 5% 79-00042-004289 DAY TRIPS - - - - - - 79-00042-004290 YOUTH SPECIAL EVENTS - - - - - 79-00042-004291 HOMETOWN DAYS - 72,543 118,000 110,936 115,000 41064 4% 374,800 Miscellaneous 79-00044-004400 DONATIONS 14,843 10,896 19,000 13,000 20,000 7,000 54% 79-000-44-004404 TREE DONATIONS 900 1,405 800 1,300 1,300 - 0% 79-00044-004490 MISC INCOME - - - - - 21,300 Intergovernmental 79-00045-004550 YOUTH SERVICES GRANT 2,000 2,000 2,000 3,600 2,000 (1,600) 44% Investment Income 79-00046-004600 INVESTMENT INCOME 11,576 11,647 10,000 6,200 12,000 5,800 94% Transfers 79-000 49-004901 TRANSFER FROM GENERAL FD 755,908 1015,107 1,161,778 1,161,778 1,206,742 44,964 4% 79-00049-004980 TRANSFER FROM REC CENTER 46,956 1,253,698 TOTAL REVENUES: GENERAL 1,228,053 1,493,498 1,630,642 11668,513 1,663,798 (4,715) 0% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARK AND RECREATION Parks Expenses 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Aetna[ Aetna] Budget Amendment BUDGET $ CHANGE % CHANGE Personnel Services 79-610-50-00-5107 SALARIES-EMPLOYEES 287,508 332,926 339,047 427,000 4127500 (14,500) 3 79-610-50-00-5136 SALARIES - PART-TIME 38,528 41,155 58,000 48,000 55,000 7,000 15% 79-610-50-00-5137 SALARIES - OVERTIME 2,011 1,416 9,000 7,000 10,000 3,000 43% 477,500 Professional Services 79-610-61-00-5320 MASTER PLAN /COMMUNITY SURVEY - - 13,000 10,500 2,709 (7,791) -74% Contractual Services 79-610-62-00-5405 PARK CONTRACTUAL 15,624 13,468 22,500 21,500 26,000 41500 21% 79-610-62-00-5408 MAINTENANCE-EQUIPMENT 9,161 9,503 10,000 8,000 10,000 2,000 25% 79-610-62-00-5417 MAINTENANCE-PARKS 34,250 46,240 50,000 50,000 55,000 5,000 10% 79-610-62-00-5421 WEARING APPAREL 6,363 6,928 8,000 7,000 91000 2,000 29% 79-610-62-00-5434 RENTAL-EQUIPMENT 612 1,968 2,000 3,000 4,000 1,000 33% 79-610-62-00-5438 CELLULAR TELEPHONE 3,903 41521 5,000 4,000 50000 1,000 25% 79-610-62-00-5440 LAND DEVELOPER 554 - - 8,550 - (8,550) -100% 79-610-62-00-5445 LEGAL EXPENSES 2,213 1,125 5,000 3,000 7,200 4,200 140% 116,200 Professional Development 79-610-64-00-5602 PROFESSIONAL GROWTH/SUBS 3,681 1,185 - - - - 79-610-64-00-5604 TRAINING AND CONFERENCE - - 9,000 8,000 4,500 (3,500) 44% 79-610-64-00-5605 TRAVEL EXPENSE 2,792 4,337 3,000 3,000 1,550 (1,450) -48% 79-610-64-00-5612 TUITION REIMBURSEMENT 2,528 3,708 - - - 6,050 Operations 79-610-65-00-5802 OFFICE SUPPLIES 1,569 1,403 1,500 1,500 1,500 - 0% 79-610-65-00-5804 OPERATING SUPPLIES 25,545 35,877 30,000 30,000 35,750 5,750 19% 79-610-65-00-5812 GASOLINE 725 1,077 - - - - 79-610-65-00-5815 HAND TOOLS 4,116 3,657 3,500 3,500 3,500 - 0% 79-61035-00-5824 CHRISTMAS DECORATIONS 6,409 6,629 51000 5,000 2,500 (2,500) -50% 79-610-65-00-5825 PUBLIC DECORATION 1,160 1,332 3,000 31000 1,500 (1,500) -50% 44,750 Retirement 79310-72-00-6500 IMRF PARTICIPANTS 22,694 26,021 31,420 32,500 33,584 1,084 3% 79310-72-00-6501 SOCIAL SECURITY/MEDICARE 24,250 28,558 31,585 37,750 37,593 (157) 0% 71,177 Capital Outlay 79-610-75-00-7003 OFFICE EQUIPMENT 1,424 1,421 3,000 2,500 4,000 1,500 60% 79-610-75-00-7701 FLOWERSl1REES 5,746 71372 81000 7,000 6,000 (1,000) -14% 79-610-75-00-9012 SALARYSURVEY - - 15,627 - - 10,000 Other 79-610-78-00-9005 MERIT - - 12,642 - 16,500 16,500 TOTAL EXPENSES: PARKS 503,365 581,827 679,020 731,300 744,886 13,586 2% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARK AND RECREATION Recreation Expenses 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budeet Amendment BUDGET $ CHANGE % CHANGE Personnel Services 79-650-50-00-5107 SALARIES- RECREATION 254,258 353,326 358,532 393,000 359,525 (33,475) -9% 79-650-50-00-5136 SALARIES- PART TIME - - - - 39,110 39,110 79-650-50-00-5108 SALARIES- CONCESSION STAFF 3,281 3,557 6,750 6,750 8,000 1,250 19% 79-650-50-00-5109 SALARIES- PRESCHOOL - 61,411 84,000 83,000 27,000 (56,000) -67% 79-650-50-00-5137 SALARIES- OVERTIME - 93 - 15 350 335 2233% 79-650-50-00-5150 SALARIES- INSTRUCTOR CONTRACT 125,146 73,120 57,400 57,400 72,000 14,600 25% 79-650-50-00-5155 SALARIES- RECORDING SECRETARY 2,052 2,465 2,500 2,500 2,750 250 10% 508,735 Contractual Services 79-650-62-00-5408 MAINTENANCE SUPPLIES 6,728 5,799 7,000 5,000 5,500 500 10% 79-650-62-00-5409 MAINTENANCE-VEHICLES 484 2,282 3,500 2,500 31000 500 20% 79.650-62-00-5410 MAINTENANCE-OFFICE EQUIPMENT 4,779 7,043 6,500 6,000 7,000 1,000 17% 79-650-62-00-5426 YOUTH SERVICES GRANT EXPENSES 539 358 2,000 2,000 2,000 - 0% 79-65042-00-5435 ELECTRICITY - - - 8,820 1%080 1,180 New 79-650-62-00-5437 TELEPHONE/INTERNET 446 1,973 1,300 1,300 1,500 200 15% 79-650-62-00-5438 CELLULAR TELEPHONE 4,574 4,720 5,500 5,000 5,000 - 0% 79-650-62-00.5445 PORTABLE TOILETS 3,990 2,986 6,000 7,000 6,000 (1,000) -14% 79-650-62-00-5603 PUBLISHING/ADVERTISING 23,444 27,735 27,920 27,920 29,000 1,080 4% 79-650-62-00-5605 BOOKS/PUBLICATIONS 584 581 500 500 422 (78) -16% 79-650-62-00-5606 REFUND 5,695 4,145 1,500 1,500 (1,500) -100% 69,422 Professional Development 79-650-64-00-5600 DUES 1,462 2,372 2,500 2,500 2,750 250 10% 79-650-64-00-5602 PROF GROWTH/SUBSCRIPT 7,426 458 - - - - 79-650-64-00-5604 TRAINING AND CONFERENCE - 7,606 10,200 10,200 4,500 (5,700) -56% 79-650-64-00-5605 TRAVEL EXPENSE 1,960 1,577 5,220 5,220 1,550 (3,670) -70% 8,800 Operations 79-650-65-00-5802 OFFICE SUPPLIES 6,058 6,993 7,000 6,000 7,000 1,000 17% 79-650-65-00-5803 PROGRAM EXPENSES 47,176 55,472 50,100 50,100 509000 (100) 0% 79-650-65-00-5804 OPERATING SUPPLIES 5,191 4,935 3,800 3,800 3,600 (200) -5% 79-650-65-00-5805 RECREATION EQUIPMENT 3,544 4,018 7,100 6,000 109000 41000 67% 79-650-65-00-5808 POSTAGE & SHIPPING 7,565 8,597 7,600 7,600 7,800 200 3% 79-650-65-00-5812 GASOLINE 1,573 3,823 4,200 4,200 59000 800 19% 79-650-65-00-5826 MILEAGE 818 456 750 200 400 200 100% 79-650-65-00-5827 GOLF OUTING EXPENSES 21,945 22,177 23,000 18,780 20,200 1,420 8% 79-650-65-00-5828 CONCESSIONS 11,660 14,011 15,500 17,650 119500 (6,150) -35% 79-650-65-00-5833 HOMETOWN DAYS EXPENSES - 78,863 108,000 95,686 95,000 (686) -1% 79-650-6540-5840 SCHOLARSHIPS 1,570 413 3,600 1,800 6,825 5,025 279% 79-650-65-00-5841 PROGRAM REFUND 11,688 7,827 6,500 8,000 9,000 1,000 13% 226,325 Retirement 79-650-72-00-6500 IMRF PARTICIPANTS 22,246 29,623 36,346 36,346 29,678 (6,668) -18% 79-650-72-00-6501 SOCIAL SECURITY/MEDICARE 25,999 34,546 36,537 36,537 45,003 8,466 23% 74,681 Capital Outlay 79-650-75-00-7002 COMPUTER EQUIP & SOFTWARE 6,755 5,680 2,025 2,025 3,400 1,375 68% UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARK AND RECREATION Recreation Expenses Continued 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET $ CHANGE % CHANGE Other 79-650.78-00-9009 USE OF RESERVE - 16,835 17,700 14,364 13,169 (1,195) -8% 79-650.78-00-9012 SALARY SURVEY - - 15,559 - - 79-650-78-00-9005 MERIT - - 17,482 - 14,381 14,381 27,550 TOTAL EXPENSES: RECREATION 620,636 857,876 951,622 937,213 918,913 (18,300) -2% TOTAL FUND EXPENSES 1,124,001 1,439,703 1,630,642 11668,513 1,663,798 (4,715) TOTAL FUND REVENUES 1,228,053 1,493,498 1,630,642 1,668,513 1,663,798 (4,715) 0% TOTAL FUND EXPENSES 1,124,001 1,439,703 1,630,642 1,668,513 1,663,798 (4,715) 0% FUND SURPLUS (DEFICIT) BALANCE 104,052 53,795 0 0 0 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARKS AND RECREATION Recreation Center 2008-2009 ACCOUNT NUMBER DESCRIPTION BUDGET SCRANGE % CHANGE Revenues Charges for Services 80-000-42-00-4200 MEMBERSHIP FEES 423,890 NEW 80-000-42-00-4210 GUEST FEES 7,167 NEW 80-000-42-00-4220 SWIM CLASS 20,000 NEW 80-00042-00-4230 PERSONAL TRAINING FEES 189750 NEW 80-00042-004240 TANNING SESSIONS 71500 NEW 80-00042-004270 FEES FOR PROGRAMS 1259000 NEW 80-000-42-004280 CONCESSIONS 119666 NEW 80-000-42-004285 VENDING MACHINES 500 NEW 80-000-42-00-4286 RENTAL INCOME 4,333 NEW 618,806 Miscellaneous 80-00044-004400 DONATION/SPONSORSHIP 31200 NEW Intergovernmental 80-00045-004550 GRANTS/SCHOLARSHIPS 1,000 NEW TOTAL REVENUES: GENERAL 623,006 Expenses Personnel Services 80-000-50-00-5107 SALARIES- REC CENTER 32,000 NEW 80-000-50-00-5109 SALARIES- PRESCHOOL 63,000 NEW 80-000-50-00-5136 SALARIES- PART TIME 114,515 NEW 80-000-50-00-5137 SALARIES- OVERTIME 2,000 NEW 80-000-50-00-5150 SALARIES- INSTRUCTORS 89000 NEW 219,515 Contractual Services 80-000-62-00-5408 MAINTENANCE SUPPLIES 6,750 NEW 80-000-62-00-5410 MAINTENANCE OFFICE EQUIP 5,650 NEW 80-000-62-00-5416 MAINTENANCE GENERAL 3,800 NEW 80-000-62-00-5426 GRANTS 1,000 NEW 80-000-62-00-5430 TOWEL RENTAL 900 NEW 80-000-62-00-5431 POOL REPAIR 1,240 NEW 80-000-62-00-5432 LEASE PAYMENT 175,000 NEW 80-000-62-00-5433 LICENSES/PERMITS 5,300 NEW 80-000-62-00-5434 POOL SUPPLIES 4,400 NEW 80-000-62-00-5435 ELECTRICITY 47,250 NEW 80-000-62-00-5437 TELEPHONE 4,900 NEW 80-000-62-00-5438 CELLULAR PHONE 500 NEW 80-000-62-00-5439 PROPERTY TAX NEW UNITED CITY OF YORKVILLE KENDALL COUNTY, IL PARKS AND RECREATION Recreation Center Continued 2008-2009 ACCOUNT NUMBER DESCRIPTION BUDGET S CHANGE % CHANGE Contractual Services Continued 80-000-62-00-5440 SECURITY 720 NEW 80-000-62-00-5603 PUBLISHING/ADVERTISING 29100 NEW 80-000-62-00-5605 BOOKS/PUBLICATION 100 NEW 259,610 Professional Development 80-000-64-00-5600 DUES 900 NEW 80-000-64-00-5604 TRAINING & CONFERENCES 15000 NEW 80-000-64-00-5605 TRAVEL EXPENSES 500 NEW 2,400 Operations 80-000-65-00-5802 OFFICE SUPPLIES 45375 NEW 80-000-65-00-5803 PROGRAM EXPENSES 18,300 NEW 80-000-65-00-5804 OPERATING SUPPLIES 2,000 NEW 80-000.65-00-5805 RECREATION EQUIPMENT 10,000 NEW 80-000-65-00-5808 POSTAGE & SHIPPING 11100 NEW 80-000-65-00-5812 GASOLINE 11000 NEW 80-000-65-00-5826 MILEAGE 300 NEW 80-000-65-00-5828 CONCESSIONS 91000 NEW 80-000-65-00-5840 SCHOLARSHIPS 1,000 NEW 80-000-65-00-5841 PROGRAM REFUNDS 49000 NEW 51,075 Retirement 80-000-72-00-6500 IMRF 31801 NEW 80-000-72-00-6501 SOCIAL SECURITY 12,348 NEW 16,149 Capital Outlay 80-000-75-00-7002 COMPUTER EQUIP& SOFTWARE 16,500 NEW 80-000-75-00-7003 OFFICE EQUIPMENT 29500 NEW 80-000-75-00-7500 PHONE SYSTEM 8,300 NEW 27,300 Other 80-000-78-00-9909 BAD DEBT/LOSS - NEW Transfers 80-000-99-00-9979 TRANSFER TO PARKS & REC 46,956 NEW TOTAL EXPENSES: 623,005 TOTAL FUND REVENUES 623,006 TOTAL FUND EXPENSES 6239005 FUND SURPLUS (DEFICIT) BALANCE I UNITED CITY OF YORKVILLE KENDALL COUNTY, IL LIBRARY Library 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budge Amendment BUDGET S CHANGE % CHANGE BEGINNING FUND BALANCE- 82-00040-00-3996 BOOK DEV FEES - 102,125 - 66,700 186,700 120,000 180% BEGINNING FUND BALANCE- 82-00040-00-3997 BLDG DEV FEES - 1,557,975 - 74,782 171,782 97,000 130% Revenues Taxes 82-000.40-00-3992 LIBRARY BOND PER RE TAXES - - - - 467,425 467,425 New 82-00040-00.4000 REAL ESTATE TAXES 356,387 386,235 560,702 573,258 6589252 84,994 15% 82-000.40-00-0010 PERSONAL PROPERTY TAX 3,398 3,182 3,360 3,360 31360 - 0% 1,129,037 Charges for Services 82-000.42-004211 DEVELOPMENT FEES - BUILDING 99,300 86,300 150,000 100,000 100,000 - 0% 82-00042-004215 DEVELOPMENT FEES-BOOKS 99,300 70385 150,000 100,000 100,000 - 0% 82-00042-004260 COPY FEES 1,286 1,379 1,221 1,254 21500 1,246 99% 82-00042-004261 LIBRARY SUBSCRIPTION CARDS 10,400 12,904 81500 81797 15,000 6,203 71% 82-00042-004286 RENTALiNCOME 1,303 1,836 960 2,040 4,000 1,960 96% 221,500 Fines & Forfeitures 82-00043-004330 LIBRARY FINES 4,000 5,033 2,808 3,784 79000 3,216 85% Contributions 82-000-44-00-4450 MEMORIALS 1,522 7,097 3,202 5,719 4,000 (1,719) -30% Miscellaneous 82-00042-004287 LIBRARY BLDG RENTAL - - - 195 1,500 1,305 New 82-00044-004432 SALE OF BOOKS 518 973 1,144 1,144 19000 (144) -13% 2,500 Intergovernmental 82-00045-00.4550 GRANTS - - 17,500 17,500 17,500 - 0% Investment Income 82-00046-004600 INVESTMENT INCOME 15,693 31,546 6,102 13,177 29500 (10,677) -81% TOTAL REVENUES: 8,058,781 6,242,523 1,231,248 1,405,537 117429519 336,982 24% Expenses Personnel Services 82-000-50-00-5107 SALARIES-EMPLOYEES 165,445 277,247 471,377 500,000 6009000 100,000 20% 82-000-50-00-5203 GROUP HEALTH INSURANCE 36,678 44,681 45,717 45,717 52,800 71083 15% 82-000-50-00-5204 GROUP LIFE INSURANCE 646 889 - 3,000 3,000 - 0% 82-000-50-00-5205 DENTAL & VISION ASSISTANCE 3,014 31376 4,200 4,200 41200 - 0% 660,000 Professional .Services 82-000-61-00-5322 BONDING 1,014 1,875 1,176 2,000 21000 - 0% 82-000-61-00-5323 ATTORNEY 863 - 3,500 3,500 39000 (500) -14% 5,000 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL LIBRARY Library Continued 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNTNUMBER DESCRIPTION Actual Actual Budge Amendment BUDGET $ CHANGE % CHANGE Contractual Services 82-000-62-00-5401 CONTRACT SERVICES 811 2,251 5,000 20,000 15,000 New 82-000-62-00-5407 MAINTENANCE-BLDG/JANITORIAL 3,730 5,655 5,000 5,000 1%000 5,000 100% 82-000-62-00-5410 MAINTENANCE-OFFICE EQUIP 2,992 2,470 5,000 15,298 10,000 (5,298) -35% 82-000-62-00-5412 MAINTENANCE-PHOTOCOPIER 411 946 12,680 12,680 105000 (2,680) -21 82-000-62-00-5435 ELECTRICITY 1,419 547 37,500 37,500 51000 (32,500) -87% 82-000-62-00-5436 TELEPHONE 1,558 2,640 61000 61000 71000 1,000 17% 82-000-62-00-5437 GAS HEAT - - 50,000 50,000 40,000 (10,000) -20% 102,000 Profession at Development 82-000-64-00-5603 SUBSCRIPTIONS 3,140 3,581 - 10,000 81000 (2,000) -20% 82-000-64-00-5604 TRAINING & CONFERENCES 20 60 2,000 2,000 21000 - 0% 82-000-64-00-5607 PUBLIC RELATIONS 121 978 2,500 2,500 2,000 (500) -20% 82-000-64-00-5616 EMPLOYEE RECOGNITION 723 1,616 2,000 2,000 31000 1,000 50% 15,000 Operations 82-000-65-00-5800 CONTINGENCIES 1,739 16,918 25,000 313,026 64,574 (248,452) -79% 82-000-65-00-5802 OFFICE SUPPLIES 3,490 5,732 - 10,000 1%000 - 0% 82-000-65-00-5806 LIBRARY SUPPLIES 3,124 6,355 10,000 10,000 10,000 - 0% 82-000-65-00-5807 CUSTODIAL SUPPLIES 3,072 8,211 9,000 20,000 15,000 (5,000) -25% 82-000-65-00-5808 POSTAGE & SHIPPING 843 964 4,000 3,000 21000 (1,000) -33% 82-000-65-00-5834 LIBRARY PROGRAMMING 6,140 5,541 10,000 10,000 10,000 - 0% 82-000-65-00-5835 LIBRARY BOARD EXPENSES 75 666 2,000 2,000 2,000 - 0% 82-000-65-00-5836 BOOKS-ADULT 9,027 91731 30,000 30,000 15,000 (15,000) -50% 82-000-65-00-5837 BOOKS-JUVENILE 9,058 11,020 30,000 30,000 20,000 (10,000) -33% 82-000-65-00-5838 BOOKS-AUDIO 61415 6,630 10,000 10,000 10,000 - 0% 82-000-65-00-5839 BOOKS REFERENCE 9,346 10,019 30,000 30,000 20,000 (10,000) -33% 82-000-65-00-5840 BOOKS-DEVELOPMENT FEE 23,782 40,285 150,000 100,000 10%000 - 0% 82-000-65-00-5841 MEMORIALS/GIFTS 2,093 7,147 3,202 3,202 4,000 798 25% 82-000-65-00-5842 BLDG-DEVELOPMENT FEES 46,697 8,233 150,000 150,000 100,000 (50,000) -33% 82-000-65-00-5843 CD's /Music - - 5,000 5,000 51000 - 0% 82-000-65-00-5844 MEETINGROOM - - - - 19500 1,500 New 397,074 Debt Service 82-000-66-00-6012 2005B LIBRARY BOND - - - 3469145 346,145 New 82-000-66-00-6014 2006 LIBRARY BOND - - - 121,300 121,300 New 467,445 Retirement 82-00042-00-6500 BABE PARTICIPANTS 7,426 10,451 15,641 15,641 139000 (2,641) -17% 82-000-72-00-6501 SOCIAL SECURITY/MEDICARE 12,657 21,209 39,755 39,755 409000 245 1% 53,000 Capital Outlay 82-000-75-00-7002 COMPUTER EQUIP & SOFT - - 18,000 18,000 18,000 - 0% 82-000-75-00-7003 AUTOMATION 10,543 32,794 30,000 30,000 25,000 (5,000) -17% 43,000 TOTAL EXPENSES: 2,664,736 6,796,955 1,231,248 1,547,019 197429519 195,500 13% TOTAL FUND REVENUES 8,058,781 6,242,523 1,231,248 1,405,537 197429519 336,982 24% TOTAL FUND EXPENSES 2,664,736 6,796,955 1,231,248 1,547,019 197429519 195,500 13% FUND SURPLUS (DEFICIT) BALANCE 5,394,045 (554,432) 0 (141,482) - 141,482 UNITED CITY OF YORKVILLE KENDALL COUNTY, IL TIE DISTRICT Fox Industrial 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET % CHANGE % CHANGE 85-000-40-00-3999 BEGINNING FUND BALANCE 11,817 32,799 50,000 87,553 93,924 6,371 7% Revenues Taxes 85-000.40-004090 TIF REVENUES 70,997 130,078 75,000 146,600 775430 (69,170) 47% Investment Income 85-00046-004600 INVESTMENT INCOME 3,290 5,375 3,500 3,500 3,500 - 0% TOTAL REVENUES: 117,293 168,252 128,500 237,653 174,854 (62,799) -26% Expenses Debt Service 85-000-66-00-6021 FOX IND BOND-PRINCIPAL PMT 55,000 60,000 60,000 60,000 60,000 - 0% 85-000-66-00-6022 FOX IND BOND-INT PAYMENT 11,225 20,415 18,015 18,015 20,555 2,540 14% 80,555 Other 85-000-78-00-9007 ADMINISTRATION FEES 1,744 284 375 375 375 - 0% 85-000-78-00-9010 RESERVE - FUTURE BOND PYMT - - 50,110 159,263 93,924 (65,339) AM 94,299 TOTAL EXPENSES: 73,269 80,699 128,500 237,653 1749854 (62,799) -26% TOTAL FUND REVENUES 117,293 168,252 128,500 237,653 174,854 (62,799) -26% TOTAL FUND EXPENSES 73,269 80,699 128,500 237,653 1749854 (62,799) -26% FUND SURPLUS (DEFICIT) BALANCE 44,024 87,553 - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL TIF DISTRICTS Countryside TIF 2007-2008 2007-2008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budget Amendment BUDGET S CHANGE % CHANGE 87-000-40-00-3999 BEGINNING FUND BALANCE 3,456,521 3,463,672 3,000,000 2,919,125 218569390 (62,735) -2% Revenues Investment Income 87-00046-00-4600 INVESTMENT INCOME 109,570 98,340 75,000 75,000 759000 - 0% TOTAL REVENUES: 3,566,092 3,562,012 3,075,000 2,998,090 21931,390 (66,700) -2% Expenses Debt Service 87-000-66-00-6022 BOND-INT PAYMENT - 142,868 142,868 142,868 1429868 - 0% Other 87-000 48-00-9007 ADMINISTRATION FEES 825 19 2,500 2,500 25500 - 0% 87-000-78-00-9010 RESERVE - FUTURE BOND PYMT - 500,000 21929,632 2,852,722 2,7869022 (66,700) -2% 2,788,522 TOTAL EXPENSES: 825 642,887 3,075,000 2,998,090 2,9317390 (66,700) -2% TOTAL FUND REVENUES 3,566,092 31562,012 31075,000 2,998,090 2,9311390 (66,700) -2% TOTAL FUND EXPENSES 825 642,887 31075,000 2,998,090 2,9319390 (66,700) -2% FUND SURPLUS (DEFICIT) BALANCE 3,565,267 2,919,125 - - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL TIF DISTRICTS Downtown TIF 2007-2008 20074008 2005-2006 2006-2007 Original Budget 2008-2009 ACCOUNT NUMBER DESCRIPTION Actual Actual Budeet Amendment BUDGET % CHANGE % CHANGE 88-00040-00-3999 BEGINNING FUND BALANCE - - - - 28,693 28,693 Revenues razes 88-00040-004090 TIF REVENUES - - - 26,059 28,000 1,941 7% TOTAL REVENUES: - - - 26,059 569693 30,634 118% Expenses Other 88-000-78-00-9007 ADMWISTRATION FEES - - - 10,000 109000 - 0% 88-000-78-00-9010 RESERVE - FUTURE REHAB - - - 16,059 46,693 30,634 191% 56,693 TOTAL EXPENSES: - - - 26,059 56,693 30,634 118% TOTAL FUND REVENUES - - - 26,059 56,693 30,634 118% TOTAL FUND EXPENSES - - - 26,059 56,693 30,634 118% FUND SURPLUS (DEFICIT) BALANCE - - - - - - UNITED CITY OF YORKVILLE KENDALL COUNTY, IL BUDGET OVERVIEW Revenues Expenses General Fund 125731 ,770 13 ,331 ,770 MFT 614,520 6143520 Municipal Building 100,000 100,000 Fox Hill SSA 6,376 61376 Sunflower SSA 15 ,925 15,925 Police Capital 337, 148 337, 148 PW Capital 386,000 358,600 Park & Rec Capital 649948 649948 City Wide Capital 1 ,315,000 1 , 155,000 Sewer Improv - Water Improv - Debt Svc 484,524 484,524 Water Ops 14,644,483 14,636,857 Sewer Main 3 ,674,383 4,022, 160 Land Cash 844,489 1 ,0205000 Park & Rec 2,750 Library 1 ,742,519 1 ,742,519 Fox Industrial TIF 174,854 174,854 Countryside TIF 2,9315390 2,931 ,390 Downtown TIF 565693 56,693 Grand Total 40, 127,771 41 ,053,282 `,��0 CIP Reviewed By: Agenda Item Number J� 0 T Legal ❑ EST — leas Finance F]1 Engineer ❑ Tracking Number -4 LI ri W City Administrator ❑ a oar„ �O Consultant ❑ Parks and Recreation ADM 2008-69 Ysn6i4CCmIY kE F-1 Agenda Item Summary Memo Title: Participation of Part Time Employees in IMRF Meeting and Date• City Council—July 22, 2008 Synopsis: Requesting approval for part-time employees to work over 1000 hours, which would require enrollment in IMRF. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Dave Mogle Parks & Recreation Name Department Agenda Item Notes: See attached memo. =.AEU C ;PZ o United City of Yorkville Memo '" 800 Game Farm Road EST , :;. 1636 Yorkville, Illinois 60560 Telephone: 630-553-4350 09 p Fax: 630-553 -7575 <CE ��•`. Date: July 1 , 2008 To: Administration Committee From: Dave Mogle, Director of Parks and Recreation Subject: Participation of Part Time Employee in EVIRF Mary Garbelman works as a part-time clerical employee in the Parks and Recreation Department. While I was not able to expand the position she holds to a full-time clerical position due to budget constraints, I was able to add some additional hours to help with growing clerical demands. The additional hours will take the position over 1000 hours annually which requires IMRF enrollment. The cost to have the position in IMRF in 2008 is $1237. The Parks and Recreation Department will be hiring a part-time custodian for the Recreation Center. We plan to have the position be 20 hours per week which will take the position slightly over 1000 hours annually which requires IMRF participation. The cost to have this position in IMRF in 2008 is approximately $1 ,000. I will be requesting City Council to approve including these positions in IMRF. The costs can be covered in the Park and Recreation Department Budget. Please note that a second part-time custodial position at the Recreation Center may be necessary to cover evening cleaning but it has not been established whether this second position would require 20 hours per week. It is our intent to begin with one custodian and evaluate the need for a second position. 0 C/p` Reviewed By: Agenda Item Number J� T Legal ❑ esr. 1836 Finance ❑ 1 Engineer ❑ Tracking Number {09 City Administrator ❑ Consultant ❑ ADM 2008-71 CE Parks and Recreation F1 Agenda Item Summary Memo Title: Cell Phone Reimbursement for the Mayor Meeting and Date: City Council—July 22, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Susan Mika Finance Name Department Agenda Item Notes: D C/r` IZI� l o Memorandum To : Administration Committee esr. 1836 From: Susan Mika, Finance Director {O UI CC : Brendan McLaughlin, City Administrator Date. June 26, 2008 <CE Subject: Cell Phone Recently, the Director of Public Work's cell phone broke beyond repair. The Mayor gave her City cell phone to him instead of purchasing a new phone on behalf of the City. In the meantime, the Mayor has been using her personal cell phone for City business. She would like to propose a partial reimbursement prorated on her use. The average cell phone in the City is $40 per cell phone, plus an additional $5 for the blackberry ability. I would like to propose a set monthly reimbursement of $45 for the use of her cell phone for City business. There are three benefits to the City if you approve this. 1) The minutes used will not be counted against the "bank" of minutes we currently have on our plan. As new employees have been added on since we last signed this contract with Nextel, the average number of minutes allotted per employee has decreased. 2) The Mayor is responsible for all repairs/replacements to her cell phone if something should happen. 3) The City would realize a net savings of an additional $ 150, the cost of the purchase of a new blackberry cell phone to replace the one she had. Please let me know if I can provide you with any further information. 0 �/T� Reviewed By: Agenda Item Number O� a T Legal El esr. l 1836 Finance F-1 1 - Engineer El-�� Tracking Number O LI Gi y City Administrator ❑ Consultant E]Parks and Recreation ❑ ADM 2008-72 Agenda Item Summary Memo Title: City Council Goal Action Plan—City Hall Meeting and Date: City Council—July 22, 2008 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 7/10/08 Action Taken: Action plan approved by Administration Committee. Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: Administration Committee EST. , `,. 1836 From: Bart Olson, Assistant City Administrator o L CC: Brendan McLaughlin, City Administrator p Date: June 23 , 2008 <LE Subject: City Council goal — City Hall Attached is a draft action plan for the City Council goal "City Hall". This action plan was reviewed by both Alderman Munns and Alderman Plocher, and is in front of the committee for review and comments. City Administrator McLaughlin and I have discussed the process for accomplishing City Council goals. We feel that each goal should contain two parts — approval of an action plan, and the execution of the action plan. This agenda item will satisfy part one, the approval of an action plan. The action plan is important because it allows the Council to discuss the structure of how the goal will be accomplished, without regard to the policy issues regarding the goal. Once consensus on the structure is achieved (via approval of the action plan), the substance of the goal can be discussed, the execution of the action plan can begin, and the goal can be accomplished. Staff is seeking review and comments on the draft action plan in front of you, and approval to be placed on a future City Council agenda. C/J.` ,2 yA o� Memorandum To: Administration Committee EST 1836 From: Marry Munns, Alderman; Arden Plocher, Alderman; {O4 . ®i � Bart Olson, Assistant City Administrator p CC: Brendan McLaughlin, City Administrator Date: June 23, 2008 r4E Subject: City Council Goal — City Hall Action plan overview For fiscal year 08/09, the City Council goal to address City Hall requires more discussion than action. The process to plan for and construct a City Hall will be spread over more than one fiscal year, and with the current state of growth in the City, this fiscal year provides an excellent opportunity to spread the planning discussions over several meetings. For more than three years, the City Council has planned for the future use of the current City Hall, as well as a future City Hall. It is time to reopen those discussions and modify them to fit the current state of the City, and the current needs of the elected officials and staff. Action plan 1 ) At an Administration Committee meeting, conduct discussion on current City Hall using SWOT analysis, soliciting input from staff and elected officials (staff input can be coordinated ahead of time). 2) At a subsequent Administration Committee meeting, conduct discussion on future of current City Hall, and the future City Hall, using data from previous SWOT analysis and 2005 Municipal Facilities Master Plan. 3) At a subsequent Administration Committee meeting, provide committee with estimated costs of projects in current City Hall and future City Hall, and discuss where these projects fit within other City priorities. 4) Compile recommendations from Administration Committee and conduct discussion at a City Council meeting. 5) If necessary, take action on recommendations from Administration Committee meeting at a subsequent City Council meeting. �D C/T` Reviewed By: Agenda Item Number J� R n T Legal ❑ Finance EST. _ less ❑ 1 Engineer ❑ Tracking Number p 11011:' City Administrator ❑ —4— �O Consultant ❑ ADM 2008-73 LE Parks and Recreation F-1 Agenda Item Summary Memo Title: City Council Goal Action Plan—Green Building/Design for Public Buildings Meeting and Date: City Council—July 22, 2008 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: 7/10/08 Action Taken: Action plan approved by Administration Committee. Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: `,�fpD C/py ,z o� Memorandum To: Administration Committee ESL `---=;. 1836 From: Bart Olson, Assistant City Administrator .4 CC: Brendan McLaughlin, City Administrator O� ®i N p` Date: June 23, 2008 Subject: City Council goal — green building/design action plan <CE ��• Attached is a draft action plan for the City Council goal "explore green building/design for public buildings". This action plan was reviewed by both Alderman Sutcliff and Community Development Director Miller, and is in front of the committee for review and comments. City Administrator McLaughlin and I have discussed the process for accomplishing City Council goals. We feel that each goal should contain two parts — approval of an action plan, and the execution of the action plan. This agenda item will satisfy part one, the approval of an action plan. The action plan is important because it allows the Council to discuss the structure of how the goal will be accomplished, without regard to the policy issues regarding the goal. Once consensus on the structure is achieved (via approval of the action plan), the substance of the goal can be discussed, the execution of the action plan can begin, and the goal can be accomplished. Staff is seeking review and comments on the draft action plan in front of you, and approval to be placed on a future City Council agenda. cir` Memorandum To: Administration Committee EST. x._;:. 1836 From: Robyn Sutcliff, Alderman; Bart Olson, Assistant City Administrator; Travis Miller, Community Development Director 0� L p CC: Brendan McLaughlin, City Administrator Date: June 25, 2008 Subject: City Council Goal — green building/design for public buildings Action plan overview The City Council goal to address green design and certification for public buildings requires discussion of several policy issues. The title, as stated, represents the most basic policy issue for the Council to consider — should future public buildings be designed with green elements, and if so, should the City strive for certification of these elements? While many of the public buildings outlined in the 2005 Municipal Facilities Master Plan are not within the City's immediate plans, the City has leased the Club 47 recreational facility and continues to perform ongoing maintenance activities for its other facilities. These maintenance activities provide another policy issue for the Council to consider — should current buildings receive a green upgrade? For this City Council goal, it is recommended that the City Council invite the Yorkville Green Committee to attend all committee and Council meetings for which the topic is discussed. Action plan 1) At an Administration Committee meeting, invite a speaker to give a presentation on LEED certification and green design in new and existing buildings. 2) At a subsequent Administration Committee meeting, conduct a discussion on the previous month' s presentation and the merits of green design, green certification, and how both fit into the City's plans for new and existing municipal facilities. 3) At a subsequent Administration Committee meeting, conduct a discussion on the financial impacts of the previous month's recommendation, and how these recommendations fit within the City's other priorities. Final recommendation on the policy issue to be generated at this meeting. 4) Place recommendation from Administration Committee on a City Council agenda for discussion and direction. CIP Reviewed By: Agenda Item Number J= o T Legal ❑ �� d Finance EST. , � 1836 F-1 Engineer Tracking Number q City Administrator ❑ Consultant ❑ PW PD09 - $7 <LE E] Agenda Item Summary Memo Title: Raging Waves (Rt.47 Watermain Crossings)—Bond Reduction#1 Meeting and Date: City Council - July 22 , 2008 Synopsis: This reduction in the amount of$94,293.77 is based on substantial completion of the two watermain crossings of Route 47. IDOT has concurred with the reduction. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: `QED CITY Memorandum Esr. 1836 To: Brendan McLaughlin, City A ' 'strato From: Joe Wywrot, City Engineer CC: <<E � Date: July 1 , 2008 Subject: Raging Waves (Rt.47 Watermain Crossing) Bond Reduction #1 Attached find a request from Riedy Construction to release the IDOT highway permit bond for the watermain crossings of Route 47 at Raging Waves. We have reviewed the request and found that the work is substantially complete. IDOT has concurred that they do not need a bond for this work anymore. These watermain crossings are part of a larger watermain system constructed by Raging Waves. While I do not recommend that we accept the public improvements in a piecemeal fashion, we could reduce this IDOT watermain bond to the 15% level at this time. I recommend that American Southern Insurance Company Bond #1398815017299 be reduced by the amount of $94,293.77. The remaining amount of the bond would be $14,888.49. Please place this item on the July 15, 2008 Public Works Committee agenda for consideration. If you have any questions regarding this matter, please see me. 1 -Jul-08 Letter of Credit/Bond Reduction Subdivision: Raging Waves Reduction No. 1 Bond/LOC No. American Southern Insurance Co. - Bond #698815017299 Remarks: Bond for ]DOT Highway Permit No.3-10724-07 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 Watermain $99.256.60 $109, 182.26 $109. 182.26 $99.256.60 $94.293.77 $14.888.49 Totals $99,256.60 $109, 182.26 $1092182.26 $99,256.60 $943293.77 $143888.49 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. Page 1 of 1 Joe Wywrot From: Nathan Peterson [npeterson @riedyconstruction.com] Sent: Thursday, May 29, 2008 11 :29 AM To: Joe Wywrot Subject: Raging Waves- Watermain Bond Attachments: RW-CompleteWatermain Bond. pdf Joe, The watermain bond is due to expire (attached) — since the work is done, is this acceptable or does the bond still need to remain in place? Nate Nathan Peterson I Sr. Project Manager Riedy Construction, Inc. T 630-514-6632 F 866-586-4393 6/30/2008 Joe Wywrot From: Mestelle, Dan L (Dan.Mestelle @iilinois.gov] Sent: Tuesday, June 24, 2008 5:03 PM To: Joe Wywrot Cc: Nathan Peterson; Ballerini, Richard A; Woodward, Ronald L Subject: FW: Raging Waves- Rt.47 Watermain Bond In regards to Permit # 3 - 10724 - 07 we have final inspected the associated work and find it acceptable . The bond required by IDOT is no longer required . Aspects of the work may still require city approval . -----Original Message- ---- From : Nathan Peterson [mailto : npeterson @riedyconstruction . com] Sent : Monday, June 23 , 2008 2 : 19 PM To : Mestelle , Dan L Cc : skmelby @comcast . net Subject : RE : Raging Waves - Rt . 47 Watermain Bond Great ! Thanks for the update . Nate --- - -Original Message----- From : Mestelle , Dan L [mailto : Dan . Mestelle @illinois . gov ] Sent : Monday, June 23 , 2008 2 : 08 PM To : Nathan Peterson Subject : RE : Raging Waves - Rt . 47 Watermain Bond I am still waiting on my Maintenance staff to review site , most likely I will have this completed within two days and the entire bond can be released . I will keep you posted . --- --Original Message----- From : Nathan Peterson [mailto : npeterson @riedyconstruction . com] Sent : Monday, June 23 , 2008 1 : 31 PM To : Mestelle , Dan L Subject : RE : Raging Waves- Rt . 47 Watermain Bond Dan , Just checking in with you on this . Thanks , Nate 630- 514 - 6632 -----Original Message----- From : Mestelle , Dan L [mailto : Dan . Mestelle @illinois . gov] Sent : Wednesday, June 18 , 2008 7 : 29 PM To : npeterson @riedyconstruction . com Subject : Re : Raging Waves- Rt . 47 Watermain Bond I should be back in the office on Friday or Monday at the latest . ----- Original Message ----- From : Nathan Peterson <npeterson @riedyconstruction . com> To : Mestelle , Dan L Cc : skmelby @comcast . net <skmelby @comcast . net> Sent : Wed Jun 18 16 : 01 : 39 2008 Subject : FW : Raging Waves- Rt . 47 Watermain Bond Dan, I did touch base with Pat on this and he said you would be the one to talk to . I understand that the bond for underground work is requested to be held for 5 years , however , a reduction can be requested . Please contact me at your earliest convenience to 1 Reviewed By: Agenda Item Number J= i T Legal ❑ 0 Finance El esr 1836 l da A Engineer ' Tracking Number W City Administrator ❑ Consultant ❑❑ PW u?Dog ,88 <CE �V Agenda Item Summary Memo Title: Kendallwood Estates—Sitework Letter of Credit Reduction#2 Meeting and Date: City Council - July 22 , 2008 Synopsis: This reduction in the amount of$351,857.51 is for work completed to date. The remaining LOC amount would be $1,868,016.47. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: `QED C/TY Memorandum EST. '^1 1836 To: Brendan McLaughlin, City inistra r From: Joe Wywrot, City Engineer �r p CC: Lisa Pickering, Deputy City 1 k 2 <LE le Date: July 10, 2008 Subject: Kendallwood Estates — Sitework Letter of Credit Reduction #2 Attached find a request from the Kendallwood Estates developer's consultant to reduce the sitework letter of credit based on work completed to date. I have reviewed the request and have the following comments: • The developer claimed credit for surface course, which has not been paved yet. • The developer claimed credit all landscaping, while less than 30% has been completed. • The Van Emmon watermain and related restoration is substantially complete. I recommend that we approve the maximum allowable reduction for this item. After making the adjustments described above, I recommend a reduction to Castle Bank Letter of Credit No. 3000221071 -901 in the amount of $351 ,857.51 . The amount remaining in the letter of credit would be $1 ,868,016.47. Please refer to the attachment for details. Please place this reduction request on the Public Works Committee agenda of July 15, 2008 for consideration. City of Yorkville 10-Jul-08 Letter of Credit/Bond Reduction Subdivision: Kendallwood Estates Reduction No. 2 Bond/LOC No. Castle Bank LOC #3000221071-901 LOC/Bond Approved Original amount LOC/Bond amount Amt. complete Amount of Amount to remain Item Eng. Est. for LOC/Bond prior to Red. #2 prior to Red.#2 Reduction No.2 after Red. No.2 Roadway $754,301 AS $829,731 .60 $418,984.85 $432,365.00 $0.01 $418,984.85 Watermain $4039064.50 $443,370.95 $60,459.68 $403,064.50 $0.01 $60,459.68 Sanitary Sewer $491 ,389.50 $5403528.45 $731708.43 $491 ,389.50 $0.00 $733708.43 Storm Sewer $0.00 $400, 137.54 $0.00 $0.00 $0.00 $0.00 Miscellaneous $670,420.00 $627,462.00 $153,649.50 $4982750.00 $0.00 $153,649.50 Van Emmon Watermain $370,376.31 $407,413.94 $407,413.94 $370,376.31 $351 ,857.49 $55,556.45 Rt. 126 Watermains $559,665.00 $615,631 .50 $6153631 .50 $0.00 $0.00 $6153631 .50 Landscaping $596.384.20 $656.022.62 $490.026.08 $174.733.20 $0.00 $490.026.08 Totals $31745,600.96 $4,520,298.60 $2,2193873.98 $2,3703678.51 $351 ,857.51 $138682016.47 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. c) Manual input required for cells highlighted in yellow. r ISEC Group , Inc . Smith Engineering Consultants ■ SEC Automation ■ SEC Planning June 26, 2008 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Kendallwood Estates — Reduction #2 to Letter of Credit SEC Job No. : KDLL-050191 .03-3 Dear Mr. Wywrot: On behalf of Kendall Land Development, LLC we are requesting the second reduction to the Letter of Credit for the Kendallwood Estates Subdivision. The latest reduction is for the completion of the off-site water main construction along Van Emmon Road. Attached for your review and comment is one (1 ) copy of the Kendallwood Estates Subdivision Letter of Credit spreadsheet including all improvements and one (1) copy of the Kendallwood Estates Subdivision off-site improvements along Van Emmon Road Letter of Credit. If you have any questions or require any additional information, please call. I may be reached at (630) 553-7560. Sincerely, SEC ROUP, INC. Kevin J. Berry, E.I. Civil Engineer II KJB/ams Enclosure cc: John Tomasik, Kendall Land Development Bill Dunn, EEI <file> Y:Vobs\Smith\2005\050191.03 Kendalwood Estates Final Engr\—Correspondence\letters\050191.03-LetterWywrot-06-26-O8-kjb.doc Illinois • Texas 651 Prairie Pointe Drive, Suite 201, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupinc.com C/py Reviewed By: Agenda Item Number J� R V Legal ❑ Finance ❑ EST. , 7836 Engineer 1q o4 —�_ �'' Tracking Number -4 o City Administrator ❑ Consultant ❑ P� <LE F-1 1 Agenda Item Summary Memo Title: Goodwill Store—LOC Expiration Meeting and Date: City Council - July 22 , 2008 Synopsis: We have been notified by the bank that the LOC will expire on Sept. 30, 2008. Recommend calling the LOC if it is not renewed prior to Sept. 19, 2008. 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: ,2 g 0A Memorandum EST. '^l - 1836 To: Brendan McLaughlin, City dminis rtor 94 ~r From: Joe Wywrot, City Engineer U p9 1 h �p CC: Lisa Pickering, Deputy City erk Date: July 9, 2008 Subject: Goodwill Store — LOC Expiration US Bank LOC # SLCWMIL02396 _d u.�esuca�- 1.. .vM�LF x r. r< �x_.0 a .r... e re., �::..-. ...r . t. u i n 1..._�, ✓vY V ..u_ �...C.e� i...., " G � .,.-, .v v'.xt Attached find a notice from US Bank that the letter of credit for the Goodwill store at 481 E. Countryside Parkway will expire on September 30, 2008. This letter of credit, in the amount of $505,000.00, is a letter of credit to guarantee satisfactory completion of all land improvements. I will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. I have notified the developer's attorney that a reduction in the LOC amount would be appropriate, but a reduction request needs to come from them. A reduced LOC will need to remain in place to guarantee completion of the remaining punchlist, as well as the warranty period for the public improvements. Until we receive that request and the punchlist is complete, we should follow our standard policy of calling the LOC if it is not renewed. I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to September 19, 2008. Please place this item on the Public Works Committee agenda of July 15, 2008 for consideration. bank® Five Star Service Guaranteed �* U . S . BANK NATIONAL ASSOCIATION SWIFT : USBKUS44MI INTERNATIONAL DEPARTMENT , MK- WI - J6NI TELEX : 777 EAST WISCONSIN AVENUE TELEPHONE : 414 - 765 - 5626 MILWAUKEE , WISCONSIN 53202 FACSIMILE : 414 - 765 - 4485 06 / 13 / 08 MAYOR AND ALDERMEN UNITED CITY OF YORKVILLE 800 GAME FARM ROAD YORKVILLE , IL 60560 ATTENTION : CITY CLERK RE : STANDBY LETTER OF CREDIT NO . SLCWMIL02396 SUBDIVISION NAME : LOT 3 MENARDS COMMERCIAL COMMONS , 5TH ADDITION AMOUNT : USD 505 , 000 . 00 DATED : 9 / 28 / 07 APPLICANT : GOODWILL INDUSTRIES OF SOUTHEASTERN WISCONSIN AND METROPOLITAN CHICAGO INC . 6055 N . 91ST STREET MILWAUKEE , WI 53225 THIS NOTICE SERVES TO INFORM YOU THIS LETTER OF CREDIT WILL EXPIRE ON SEPTEMBER 30 , 2008 ACCORDING TO ITS TERMS . SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS MATTER , PLEASE FEEL FREE TO CONTACT JEAN HARTMANN AT 414 - 765 - 6849 . REGARDS , U . S . BANK NATIONAL ASSOCIATION AUTHORrZFL SIGNATURE CC : GOODWILL INDUSTRIES OF SOUTHEASTERN WISCONSIN AND METROPOLITAN CHICAGO INC . 6055 N . 91ST STREET MILWAUKEE , WI 53225 ATTN : CHARLES STADLER CC : CHRIS RAHN FAX : X - 5425 C1 pJ Reviewed By: Agenda Item Number J= 'R T Legal ❑ H I� EST. 1836 Finance F1 Engineer 9, j4 l9 18 Tracking Number 4 h City Administrator ❑ 0 IM Consultant ❑❑ � 0?009 ' 11-D <LE Agenda Item Summary Memo Title: Beecher Road—Additional ROW Dedication Meeting and Date: City Council - July 22 , 2008 Synopsis: This plat of dedication establishes additional Beecher Road right-of-way for the city, and allows Kendall County to access Beecher Road. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST. '� ® 1636 To: Brendan McLaughlin, City Aoministratof 4 it From: Joe Wywrot, City Engineer CO 9 p� CC: Lisa Pickering, Deputy City �? <LE Date: July 9, 2008 Subject: Beecher Road — Additional ROW Dedication Attached find a proposed plat of dedication that would create additional Beecher Road right-of- way adjacent to the Kendall County Campus on Route 34. The Rush-Copley plat of subdivision created Lot 3, which is a 30-foot wide strip of land that lies between the Beecher Road right-of- way and the Kendall County property. This lot is where the Rob Roy Creek interceptor is located. Kendall County has constructed a driveway (also known as John Street) through their campus that connects to Beecher Road. Dedication of Lot 3 to the city will widen the Beecher Road right-of-way and eliminate the need for Kendall County to obtain an easement from Rush- Copley to gain access to Beecher. I recommend that this plat of dedication be approved. Please place this item on the Public Works Committee agenda of July 15, 2008 for consideration. rxio 3BTNx wxrc rosl¢rs o� ao- 7-7 x1xDAU I I AQ? ,MDw AcG auasattusu mYMV Mat .sC &_ASu City Of ' Yorkville .I ll NDRrx enar m n STE a rq y LOCATON DEDICATION -°° «=N'-°° (NG TMORS D VETERANS+-- asses I.ro mcana Pw omlcAiwx u A i s,) (ROUTE -'-- u— za.ao c'MDm .uxL lesz Blc ae a¢ In �,. ( 7E 34) PARKWAY'-,._ _ _ ul,a > ALL OF LOT 3, BEING PART OF RUSH-COPIER HEALTHCARE CENTER SUBDIb1510N, PER DOCUMENT B 1 -'— *- -F--"-��0 «—>~y 200700032622, RECORDED NOVEMBER 6TH, 2007, OF PART OF THE NORTHEAST QUARTER OF sra. mD.nn SECTION 30, TOWNSHIP 37, RANGE 7 OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS.OWN R'S RTIFl A I STATE OF IWNOIS ® )y)y I COUNTY OF KENDALL) THIS IS TO CERTIFY THAT COPIEY VENTURES, INC. IS OWNER OF THE 8� PROPERTY DESCRIBED HEREON AND DOES WMIINGLY GRANT AND APPROVE THE PLAT OF DEDICATION AS DESCRIBED HEREON. DATED AT ILLINOIS. IIry LEGEND THIS _ DAY OF Ills°°°1 PROPERTY ONE er. — SECnw uxE -- WARIER WARIER SECTOR LINE BY: ATTEST CENRAUNE 8/ NOTARYS CERTIFIQATE N1 2'57'00"E 4.21 STATE OF ILLINOIS 2 a I nk TarsveT CDUNTY OF S / 1 UTON SUMS 1. A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE AFORESAID, DO HEREBY CERTIFY R=950.00 Y THAT Of COPLEY VENTURES, INC. L=235.20 ARE PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS, VMOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT. AS OWNERS, C.B�NOS'S1126"E AREA OF RIGHT OF WAY DEDICATION APPEARED BEFORE EL THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT URPOS AS HEIR OWN FREE I 0.549 ACRES\23918 SOFT. AND VOWNTARY ACTS FOR ME USER AND PURPOSES THEREIN SET 8 FORM, FT OVEN UNDER MY HAND AND NOTARIAL SEAL THIS _ DAY OF Ib0 2008. I ® NOM TW ` I. BASIS O BEARINGS STATE PuWE COCIDMAIE SYSTEM NAD 81 — N1NO5 EAST ZONE. GO NOTARY PUBLIC MY COMMISSION EXPIRES m N 2 ALL RIGHT OF WAY DEDICATED HEREON IS HEREBY CON WADI TO ME UNITED CITY OF 0 0 i YORIMUE ILIUM FOR PUBUC STREET PURPOSES AS m J K a lZ m COUNTY CLERK'S CERTIFICATE i a SRATE NLNCS r � � 8 � N � O OoPAFE�° TY COUN STATE OF WINDS 2 � .� m A THIS IS TO CRATER THAT 1, MICHAEL C MMENRY, ILLINOIS PROEFSgONAL LAND COUNTY OF INDS KENDALL) ® , LD QO SURVEYOR No. 3275, HAYS SURVEIFD THE PROPERTY DESCRIBED IN ME MOW CARTON AS VOW BY ME ANNEXES PLAT WICH IS A CORRECT Mq TRUE REPRESEMARON OF k SAID SURVEY, ABL OIMANCES ARE GDOM M REEK AND DECNMAL PARIS MQIECF, MIS 1, COUNTY CLERK OF KENDALL 3 Co PROISMOUAL SERVICE CONFORMS TO ME CURRENT RUNGS MINMUM STANDARDS FOR A COUNTY, O ILLINOIS, DC HEREBY CERTIFY THAT THERE ARE NO TAXES AND , u BOUNDARY SURVEY. TAXES, NO UNPAID CURRENT TAXES, NO UNPAID GORFEITED TAXES AND OU yy OAIm AT AURORA IWNCS THIS 25M DAY O JANE, 2008 NO REDEEMABLE TO SALES AGAJNST ANY OF THE LAND ON THE ANNEWD tl PLAT. I FURTHER CERTIFY THAT I HAYS RECEIVED ALL STATUTORY FEES M CONNECTON 1WM ANNEXED PLAT. v+ N GIVEN UNDER MY HAND AND SEAL MIS DAY OF S2 ®® RUNUS PROF ONAL LAND SURVEYOR NA 3275 2008. 8 0 LIPROES40N,1L DESIGN RM LICENSE NUMBER 181-002837 UCENSE DO'KATCI DAIS — APRIL 30, 2009 8 KENDALL COUNTY RECORDER'S CERTIFICATE CITY COUNCIL ' S CERTIFICATE L R PISION I MOM COUNTY RUNGS DAIS DESCMPROU STATE OF ILLINOIG 1D,a]d PLAT OF DEDICATION _ STATE OF ILLINOIS COUNTY OF KENDALL a COUNTY OF KENDALL a 5.12057100"W THIS INSTRUMENT WAS FILED FOR RECORD APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE 196.35 UJUMSEM WpODS OUSOVISTM BEECHER ROAD IN THE RECOROER'S OFFICE OF KENDALL COUNTY. ILLINOIS, ON THE DAY OF DOCK AT _ _.M. AND WAS RECORDED IN BOOK UNITED CITY OF YORKVILLE, ILLINOIS , THIS _DAY OF PLATS ON PAGE —. OF 2008. KENDALL COUNTY RECORDER SOME 1' - 100 DUN BY MW CITY CLERK DATE 08/25/2008 mum BY RB REV. 08/08/2008 _ Gg Ot e 2008 Ce 'm, Ltd M ,yp6 .mn d. C/pJ, Reviewed By: Agenda Item Number 2 O J n Legal ❑ � �� Finance ❑ Engineer EST. 1836 gm r �J k'°i°$ Tracking Number -O y City Administrator ❑ 9 `�O Consultant ❑ Pw �oCzt LE F-1 Agenda Item Summary Memo Title: Rush-Copley Phase IA—Plat of Easement Meeting and Date: City Council - July 22 , 2008 Synopsis: This plat of easement is for utilities and access for Phase lA of the Rush-Copley Development on Route 34. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to staff and consultant review comments. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST, `� \ ` 1836 To: Brendan McLaughlin, City A 'nistrator y From: Joe Wywrot, City Engineer U p` CC: Lisa Pickering, Deputy City C rk <kE Date: July 10, 2008 Subject: Rush-Copley — Phase 1 A Plat of Easement Attached find a proposed plat of easement for Phase I of the Rush-Copley site. This plat dedicates utility and access easements for the proposed dialysis center. We have just received this document and have not had a chance to review it in detail, but it is probably close to its final form. Therefore I recommend that this plat of easement be approved subject to staff and consultant review comments. Please place this item on the Public Works Committee agenda of July 15, 2008 for consideration. SHEET 1 OF 2 D I PLAT OF EASEMENT s� BEING A PART OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS. /Q A City Of ACCESS/PUBLIC UTILTY/DRAINA ASEAfERT (A S P.U. D.E.) LEGAL DESCRIPTION- Yorkville MOWS PART E, AN MIAMI FGR ACCESS AND UIUIY PURPOSES, BONG A PMT OF TIE NORTHEAST QUARTER OF BECTON 30. TOWNSHIP 37 NORM. RANGE 7 EAST OF TIE THREE PRINCIPAL MEDIAN. IN KENDALL COUNTY. IWNGS MORE PARTCIAARLY DESCRIBED AS FGLIN5: _ e COMMENCING AT ME SOUTHEAST CORNED OF LOT 3. N PUSH-CDNE( HEALTHCARE CENTER SUBDIMSON, PER DOCUMENT 200700032822 RECORDED NOEEM6m B. 2007; THENCE SCUM GR DEGREES 32 MINUTES 48 SECONDS NAT. 80-M FEET, TO ME OWERUIE OF BEC ER ROAD: THENCE NORTH 01 OEGAEES 14 MINUTES 10 HOPING NEST. ALMO SAD COMMUNE.NE. 601.74 FEET THENCE SOUTH M V SITE DEGREES 28 MINUTES 41 WOODS MIST. 309.75 FEET. M TIE PONT OF EUNNMG THENCE SOUTH 00 DEGREES 30 ARMS 04 SECONDS EAST, 31M FEET THENCE SOUTH BB DEGREES 28 MINUTES 41 LOCATION EECUNDS WEST, 47.05 FEET, TO A POW OF CURVATURE: MERGE ALONG A CURVE TO THE TUFT. NAMING A RADIUS O 302.011 FEEL AN MC LENGTH OF 25.04 FEET AND A MOD BUM OF SOUTH SE DEGREES OB MINUTES 11 SEEMED WEST. TO A POINT ON A CURVE THENCE KONG A CURVE M TIE NOT. HAM A RADIUS OF 51-0 FEET. AN ARC ANSI OF DAB FEET AND A CHORD BERING OF SUTM 76 DECREES 43 MINUTES W SECONDS NISI, TO A PONT ON A CURVE; MINCE ALONG A CURVE TO THE LEST, NAMED A RADIUS OF 30200 FEET, AN ARE LENGTH GR M.85 FEET AND A CHORD MEANING OF SOUR 65 DEGREES 27 MINUTES u GROUNDS NEST. TO A PONT OF TANGENCY: THENCE ROOM 61 GOES 12 MINUTES 00 SECONDS NEST, 274,57 FEET; THENCE NORTH 28 DEGREES 47 bm"°e !M° A106U1A 54 SECDNDS VASE GOAD FEET; THENCE NORTH 61 DEGREES 12 MN'VIES N SECONDS EAST, 274.87 FEET. TO A POW OF CURVATURE THENCE KONG A CURVE M TIE MOL HI A WOGS ( (I!• . '; OF 360.00 FEET, AN AND LENGTH O BRAD FEEL AND A MOM EARNS OF NORTH 85 DEGREES 47 NOTES TO SECONDS EASE TO A PONT ON A CURVE; THENCE ALONG A CURVE 10 TIE RICU, HAVING A A RRNS OF 51.00 FEET, AN ARC LENGTH O 94.23 FEET ARE A CHORD BERING OF NORTH 76 DEGREES 43 MINUTES 09 SECONDS EASE TO A PUNT ON A CURVE THENCE ALONG A CURVE TO THE RIGHT HAI A RADIUS OF Was FEES AN ARC LENGTH OF 34.75 FEE! AND A MOM REINING OF NUNN 85 DEGREES M MINUTES M SECONDS FAST, OF TANGENCY: THENCE NORTH M DEGREES 28 MINUTES �\ 41 BOUNCE EAST THENCE SOUTH W DEGREES JO MMUIES W SECONDS EAST, 3301 FEET, TO THE PONT OF MORNING. PUBUC U71LITY EASENENT (P. . k D.E.) LFGAL DESCRIPTION: AN EASEMENT FOR UTILITY PURPOSES SEND A PAW OF THE NORTNFRT WINTER OF BECTON NL TUANSHIP R NORM, RANGE 7 EAST OF THE THIRD MINIMAL MERMAN, IN KENDALL CO NN. IWNGS MORE PRPCULARLY DESCRIBED AS FOLOWSz, COMMENCING AT ME SOURRUST CORNER OF LOT ; M RUSH-COPUEY HEALTHCARE CENTER SUSDIN90N, PER DOCUMENT M70MMM BECOME NOVEMBER S. 2007; THRICE SOUTH N DEGREES 32 MINUTES M SECONDS NEST. KONG TIE GOLDENLY LINE OF SAN SUNIMSON. 130.00 FEET. M THE SOUTHEAST COINER OF LOT 2 IN SAID SUBDIVISON: THENCE NORTH Oi DECREES 14 MINUTES M RECORDS NEST, ALONG ME FASIERLY NNE Of SAD LOT 2 541.00 FEET, TO ME PONT OF BEGINNING THENCE NORTH 00 DEGREES 33 MINUTE 12 SECONDS NEST, 5.97 FEET; THENCE NORTH 88 DEGREES 42 MINUTES 15 SECONDS NEST, 20286 FTFD THENCE SOUTH 07 DECREES 48 MINUTES 46 $MOB WEST. 10240 FEET MERGE SOUTH 50 DEGREES 22 MINUTES M GROUNDS NEST, 50.80 FEET THENCE MUM 31 DEGREES 17 MMUTES 12 SECONDS FAST. ISSA5 FEET: PRINCE SOUTH 61 DEGREES 12 MINUTES 12 SECONDS NEST. 51.41 PEI THENCE SCUM 20 DEGREES M MINUTES 02 GROUNDS EAST, 55.59 FFEI; NONCE BOOM 61 MUM 11 MONO ES E SECONDS NEST TWO FEET MINCE NORM 26 MOM 48 MINUTES 02 SECONDS WEST. 55.59 PEED THENCE SCUM 61 DEGREES 12 MINUTES 12 SECONDS NEST. 1Bg.06 FEED MENDE NORM 71 DEGREES 46 MINUTES 02 SECONDS NESS 31.01 FEED THENCE NORM 28 DEGREES M MINUTES 02 ROWS NESS 15.57 FEET THENCE SCUM 61 DEGREES 11 MINORS 58 SECONDS WEST. 3100 FEED THENCE NORTH 28 DEGREES AS MINUTES 02 SECONDS NEST, 16.17 FEET MERGE SOUTH 61 DEGREES II MINUTES 55 SECONDS NEST, 9.50 FEES THENCE NORTH M DEGREES 48 MOU1ES 02 SECONDS WEST. 148.11 FEED MOM SOUTH 61 DEGREES 12 MINUTES 06 SECONDS WEST, 41.26 FEET THENCE NORM 28 DEGREES 47 MINUTES 54 SECOND'S NEI 87.99 FEET THENCE NORTH 61 DEGREES 11 MINUTES 58 SECONDS EAST. 50.76 FEET. THENCE NORM 20 DECREES M MINUTES 02 SECONDS NEST, 27.45 FEET 77710E NORTH 61 DEGREES IT MINUTES 58 SECONDS EASE 57.00 FEED THENCE SOUTH 20 MOM R MINUTES 02 SECONDS EAST. 27.45 FEET; THENCE NORTH 61 DECREES 11 MINUTE 50 SECURES FAST, 105.35 FEET MONDE NORM 05 DEGREES 35 MINUTES 04 SECONDS EASE 40.10 FEET; MOM SCUM 84 DEGREES 24 MINUTES N SECONDS EAST, IBM FEET; MERGE SOUTH 05 DEGREES 35 MINUTES 04 SECONDS WEST, 4899 FEET HENCE MUM 54 DEGREES N MINUTES 20 SECONDS EAST, 67.28 FEET, THENCE NGRTH 87 DEGREE M MINUTES 46 SECONDS EAST, 0234 FEET NONCE NORTH P DEGREES 50 MINUTE 55 SOUNDS WT. N.GS FEET THENCE NORM N DEGREES 28 MINUTES 41 SECONDS WT. ZEUS FEES TO THE WIDELY UNE OF SAID HAT 2 THENCE SCUM 86 MGM 10 MINUTES 14 SECONDS EAST, KONG SAN EASTOM1Y UNE, 20.55 FEET, M ME PUNT OF MORNING. (EXCEPTING THEREFROM ME FOLLOWING: OGD EN= AT THE SWTEAST CORNER OF LOT S, IN 81191-CBPIEY HEALTHCARE CENTER 9JBON9WN, PER DOCUMENT 2007000OUN , RECORDED NOVEMBER 4 2107, THENCE SCUM W DEGREES R MINUTES 48 SECONDS VEST. KONG THE SOUTHERLY LINE Of SAD SUBDINSON, 130.00 FEET, TO ME MIDEAST CORNER OF HAT 2 M SAID SUMIMSON; THERE NORTH Cl DEGREES 14 MINUTES 00 SECONDS NEST. ALONG I E EASTERLY UNE OF SAD LOT Z 54100 FEET MENDS NORM 80 DEGREES NO MNNiES 12 SECONDS NEST, 5.97 FEED MENKE NORM E8 DEGREES 42 MINUTES 15 BOUNCE VEST, 20268 FEET THEME SOON 87 DEGREES N MINUTES AS SECONDS WEST, 10248 FEET; THENCE BOOM 58 DEGREES 22 MINUTES 46 SECONDS WEST 50.88 FEET; THENCE NORTH 87 DEGREES 29 MINUTES 26 RECORDS WEST, 1812 FEET TG THE PONT O BEGNNING; THENCE SOUTH 31 DEGREES T MINUTIA 12 SECONDS EAST, 161.26 PEED THENCE SCUM 61 DEGREES 12 MOM 12 SECONDS WEST. 73257 PEER; THENCE NORM 73 DEGREES M MINUTES 02 SECONDS WEST, 19.99 FEET HENCE NORTH 28 DORM M MINUTES G SECONDS WEST. 24.53 F ,, MMICE NORTH 61 MGM 11 MINUTES 5B SEOUNDS EAST, (ON FEET; THENCE NORM 20 MOM AS MINUTES M SECONDS WEST, ISO FEET; THENCE BOOM 61 MCREFS 11 MMUTES 59 SECONDS VEST, 6100 FEET; MOKE NORM 29 DEGREES 40 MOVIES 01 SECONDS NEST. 133.33 FEET THENCE NORTH 61 DEGREES 12 MINUTES 06 RECORDS EAST, 190.12 FEET MERGE SCUM 87 DEGREES 29 MRAPES 29 SECONDS EAST, 49.93 FEET. TO ME POINT OF BEGNNING.) ELECTRIC AND IMCOMMUNICATIONS EASEMENT ( T. .) LEGAL DESCRIPTION' AN EASEMENT FOR UTUTY PURPOSES, BONG A PAW OF Me NORMEASI QUARTER OF SECTON 10. TOWNSHIP W NORTH, RANGE 7 FAST O THE MIND PRINUPK MERIDIAN, IN KENDALL COUNTY, JUMUS DESCRIBED AS A STROP O LAND BEING 10.00 FEET IN SMITH AND LYING 5.00 FEET ON EACH SIDE OF ME FOLLOWING DEERIBm CENTERLINE TO NT COMMENCING AT ME SOUTHEAST CORNER OF EDT 3 IN RUS14-001 IVY HEKTHURE CENTER SIBDNSON, PEN DOCUMENT 200rigO32622, REWROD NOVEMBER S 2007; HENCE NORM 01 DEGREES 14 MINUTES DO SEEMS WEST, KONG ME EASTERLY ME OF SAID LOT 3, BOX FEET; THENCE SOUTH 89 DEGEES 10 MINUTES 29 SECONDS WEST. 12198 FEET. TO ME EASTERLY ONE O LOT I IN SAD SUEDIMON AM TO ME PORT OF BEGNNOI THENCE SOUTH 10 DECRES IO MINUTES 29 SECONDS WEST, 1301 FEET; MENCE SCUM 71 DEGREES 12 MINUTE 19 REGIMES WEST. 17.84 PEEL; THENCE SOUTH 89 DEGREES 28 MINUTE 41 !BECOMES NEST. 15211 MT. THENCE SOUTH 73 DEGREES 32 MINUTES M SECONDS NEST. 15.52 FEET PENCE SOUTH BE DEGREES 28 MINUTES U SECONDS NEST. 78.79 FEET THENCE NORTH 76 DEGREES 36 MINUTES M SECONDS NEST. 15.55 FEET THENCE SOUTH GO DEGREES 28 MINUTES 41 SECONDS NESS 7105 FEET THESE SOUTH 61 MGM 11 MINUTES 58 SECONDS VERSE ME FEEL M PONT A. VENE SCUM M DEGREES M MOVIES G2 SECUNDS EAST, 15282 FEET; THENCE SOUTH 61 DECREES 11 MINUTES 50 SECONDS WEST, 67.00 FEET. TO PUW 8 AND ME PONT OF TERMS OF SAID OV I ERUNE ME 9E UNES OF SAGO MOD NOT NNE STRIP TO SE LENGTHENED CA GROOMED M TERMINATE AT ME EASTERLY UNE OF La I UP SAD SUBOINSION, ADMINNALLY, MORNING AT PONT A. MERGE NORTH 28 DEGREES M MINUTES 02 ECDNDS NAT. 44.95 FEET, M THE MOWS OF SAO CENTERLINE ADUMN MLLY. BEGINNING At PONT B; THERE SCUM 83 OGRES 47 MINUTES 31 SECOUOS EAST. %.Is FEET, M ME TEAMM OF SAD WNIERINE POLNT OF BSGINNBMG K.T. 1"51.10 MORONI GW' N]p'41'O9'E E.T.E. STY3'1 B-W SBn24'$p4 Ni0]649'W 5)J'JSfB'W (ARREST WNGiW) 17.p4 EA 15.00 1E55 1552 5 V"'W 129.95 _ NQDSC7PLSY [SEALFINCtANfE CLW4SW seeE641v saeaw4rw - N05]5,G-E,A 4 I 0991 .0BY DOC. 2%�I®7=2G22 4a.19 � g°= ' POINT OF BSG)NNING v.m ` A.B. k P.V. LP D.S. R b56M 1 - SF21641 W 30915 CUI N GB.� p5'47I0E nZTERLY LANE R AN ENSIINC ACCESS 1 / x 59a1g55 '1 EASEIAENI PER COC xDOTWO]x6R y0.K t Sgt L YSP P.M. AO A F. } y ,AF ... .. y / - Ly HI3Ripi.tixrtB) 1 501YCDa'F ';rr4pf0'N 10x.48 N00'f2'15'W yryjpp MI6` '.�. /yS` g1.W .A$� BE N50]5' ly E b T>RB•zCE l \/ E' AW NOT 29 N2SNEI 2)4e- t 11 J e12 CURVE TABLE 1AN`N{fI G Y %./ O \� aAl nsec ZENO CAMEW1111w NBIY1'SBt SD.Ja� 41 � ,�` �1 \�, BE I J¢aro 1 ]us 1 xwa¢'zrE L` m 9 .,0 lt� LIN.n N¢TABLE � c��yy1 ''##,.\� uLI xW? E 34 r Xy q5 \� L3 NO U E Hex] ED } : ',A ETE \\ L4 pp' wT 3101 Z 45 'S' (xERE01 q,N, \ US 5ATMID4E 3101 r1 a � PORT B / � > m Is f s 2�M La\ 1, 10 80]'177-E \ '� EA'4 N3� MOD \ p1 I / d�sAd / �1/�'� x2eGR4eSaox'w��senrse^x q i1 1y P' $ R 4 ` V" "m IS , .JG�PV1 ` IWO e`�w qG �eS ' $ 1 m y .WwL6 s'` Oki D'iIS �� ` ly � $ M � s $ € ' N 50 25 0 LOT 25 � RUSHZI)PLEY HEALTHCARE CEKTEA SCR' SUBUNINON o DOC. 21IDD 0032622 LEGEND DO ADJACENT Em LINUMOPEen LINE PUBLIC USE NNASE EASE (1 6 ncI AECE¢SmuOLO LI"/DRAIWE &UNREST U.S. 61 0 D. .1 15WDEel ELECTRICANDTDENDNMxI�TI EE IE.T.EI - . WASALINE EAS /RiW ED MAY ---- - SECTION LIK ......................... . LINE EIREXSIM/OILCx51MAl TIE I MOD XOD 1 POINT OF COA0PZPAUJOIMT SOUTHEAST CORNER sM9Y4p'w LOT J IMAGE) NOTES PREPARED FOR: ALL MEASUREMENTS ARE $x IN FEET AND DECIMAL RUSH-COPLEY MEDICAL CENTER PARTS MEREOF. 2000 OGDEN AVENUE DIMNSIOn Sx ALONG CARVES ARE ABC LENDING. AURORA, IL 60504 DIMENSIONS E MMU WITH 1 I ME RECORD DATA PER FROIDED TITLE ALL OTHER (630) 976-4972 olmNsion ME LFASWED. LLL EASEMENTS ARE HEREBY ORYRED UNLESS oX ISE NOTED. P.O. N D.E. - INDICATES PROBLEM WI AM DR IEA - PREPMEp BY: PROVISIONS RIDGE DETAILS. SEE A O CEMCON , Ltd , m Txs FM DETAILS. A.E. - INDICATES ACCESS GSFMEM XERUY NAMED, ARFd TAME Tp F SEE PROVISIONS FOR DETAILS. i ConSEI Eng;n ors, Land SuTVeyom k Plannem E.T.E. - INDICATES ELECTRIC Mo MLECd. RlMtt"S ALCfSi/RIM1C UTUryA1aAeUlS FA41AlIT - •5 2280 "I OAK CIRCLE, SURE 100 EASEMENT XEREN GRANTED. SEE MMISIONZ ` 755 GENT 3 AWN AURORA. ILLINOIS 60502-9675 FOR MEALS PP: (630) 862-2100 FAKE (630) 862-2199 PUDIC UTIIIY/DRNNAM EASEMENT - 101,955 SpR/2J41 Ave m II: caddOcemcan.com THE MEANINGS SHOIM ME BASED UPON TIE ILLINOIS FINITE PLANE MODERATE NOTES. ILLINOIS EAST ZONE ELECTING AND EELEWR9 UNIGATRN CANNOT - 9.910 S9.FL/0]29 Ave DISC NO. : 903667 FILE NAME : PLAT I N.A.D. 03. DRAWN W : MAC FEE. DR. / PG. NO. : N/A COMPLETION DATE : 06-24-00 JOB NO. : 741.001 CON)" 18 ZONE COMO", LI0. AS FTWR COPI PLAT OF EASEMENT SHEET 2 OF 2 BEING A PART OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS. PUBLIC UTILITY AND DRAINAGE EASEMENT (P & D.E.) PROMSION& A NGN—IXGL4YE EASEMENT IS HEREBY ROOMED FOR AND GRANTED M AT&T IWNOIS MR COMED, JONES INIERCAME INC, ONES PUBLIC UTUMES, AND HOLDERS OF EIOSPNG FRANCHISES GRANTED BY THE CITY OF YORKNUE IWNGS, A'0 MDR ROPECNVE SUCCESSORS AND ASSIGNS WKIN WE ARM SHORN PY ME PUT AS "P.U. & D.E' (or Ant designation) M CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE. REPLACE, WSPECT. MMNTNN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTOR SYSTEMS AM HNES UNDER ME SURFACE OF WE 'P.LL & D.E', INCLUDING MMO T UMITANON TO TELEPHONE CABLE CAS MAWS, ELECTRIC LINES. CABLE TELENSON ONES, AND ALL NECESSARY FACILITIES APPURTENANT MEIETQ TOGETHER INCH WE RIGHT OF ACCESS THMEM FOR ME PERSONNEL AND EQUIPMENT NECESSARY AND REWIRED FOR OUCH USES AND PURPOSES AND TOGETHER " ME RIGS M INSTALL REWIRED SERNCE CONNECTIONS UNDER ME SURFACE OF UCH LOT M SERVE MPROMMENTS THEREON. A RCN—EMpllSVE EASEMENT IS ALSO HEREBY REGEOM FOR AND GRANTED M ME UNITED pry OF YGNKNLLE, IWNGS M CONSTRUCT, INSTAUt RECONSTRUCT, REPAM REMOTE, REPLACE AM INSPECT FACIUMO FOR WE TRANSMISSION AND DISTRIBUTION OF WATER, STORM SEMWS, SANITARY SEVERS AND ELECTRICITY, NMN ME AREAS SHORN ON ME PUT 9 *P.U. & D.E', MEMO WN ARIGHT OF ACCESS THERETO FOR ME PERSONNEL AND EQUIPMENT NECESSARY AND REWIRE) FOR SUM USES AND PURPOSES. ME MOVE NAME) ENTITIES ARE NOSEY GRAYED ME RIGHT M ENTER UPON BASEMENTS HEREIN DESCRIBED FOR ME USES HEREN MT FORM AND ME RIGHT M WT, TRIM. OR REMOTE ANY NES. GAMES OR OTHER PLANTS INMIN THE AREAS DESIGNATE) AS 'P.U. & D.E' M ICH INTERFERE WTTH ME CONSTRUCTOR, NSTALUTIOR RECONSTRUCTION, REPAR, REMOVAU, REPLACEMENT MAINTENANCE AND OPERATON OF MDR UNDERGROUND TRMSMISSON AND DISTRIBUTOR SYSTEMS AND FACUTES APPURTENANT THEME. NO PERMANENT SUNANGS STRUCTURES, OR OBSTRUCTORS SHALL BE CONSIMM W. UPON, GN OVER ANY ARMS OESGNAIFD AS T.U. & D.C. BURT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS MES, LANDSCAPING, UDRE'WAYS, AND OTHER RELATED PURPOSES MAT ED NOT UNREASONABLY WIEAFERE NM ME USES HEMEM DESMEED. ME OCCUPATW AD US OF ME NON—IXCWSYE EASEMENT HEREIN GRANTED AND RESERVED FOR ME MOPE NAME) ERTTES BY BAN OF NON MNIES SHALL BE DONE N SUM A MANNER SO AS NOT M WRAFERE YAM OR PRECLUDE ME OCCUPATION AND USE MDRECF BY OTHER BRINGS FOR KWON SUCH USEMENTS ME GRANTED AND RESERVED. ME CROSSING AND RECROSSING OF SAID EASEMERM BY THE ABOVE NAMED MUM SHALL BE DONE IN SUCH A MIAMI 50 AS NOT M INTERFERE MM, DAMAGE OR DISTURB ANY TRANSMISSION AND USIMBUTON SYSTEMS AND FAGLLTES ARFURIFNANi THERETO EXISTING WHOM ME USFDMENTS BANG CROSSED OR RECROSRM NO USE OR CCCUPAIION OF MD EASEMENTS BY ME MOPE NAPE) ONTO SULL CAUSE ANY CHANCE IN GRADE OR MPAIR OR CHANGE ME SURFACE DRAINAGE PATTERIM FOLLOMNG MY MAN M BE PERFORMED BY ME ULNAE) CITY OF MRKMRE W TIRE EIFROSE OF M EASEMENT RIGHTS HEREN GRUNTED, SAID CITY SHML HAYS NO Cp1GATON MOM RESPECT M SURFACE RESTORATION, INCLUDING BUT NOT UMITE) M, WE RESMRATON, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, CUTTING. APES, LAM ON SHRUBBERY, FRONDED. ROAEVER, MAT MID CITY SHALL BE CBUGAIE), FOLOMING SUCH MANTMANCE WORK M SACKFUL AND MOUND AIL TRENCH MUM SO AS M RETAIN SUITASIE DRAINAGE TO CCD PATCH MY ASPHALT OR CONCRETE SURFACE M REMOVE ALL EXCESS DEBRIS AND SPOI, AND M LEAVE WE MAINTENANCE AREA IN A GENERALLY MEAN AND W OMLLKE COMMON. ACCESS EASEMENT (AE.) PROVISIONS: AN ACGE.SS EASEMENT AND RIGHT OF INGRESS AND EGRESS IS HERESY RESERVED FOR AD GRANTED INLgYWUAILY AND CUMCTI LY M ME OMERS OF ME LOTS PUTTED HEREON, MDR SUCCESSORS, ARSONS AND AGENTS, OVER All MGM INOCAM AS 'AE' (or similar deelpefflon) FOR ME PERPETUAL RIGHT, PRMLEGE AND AUTHORITY M CONSTRUCT. RECONSTRUCT, OPERATE AND MAINTAIN A NEPfNRK OF DRI EWAY PAVEMENTS PRONGING A MUMS OF VENIMAR AND PEDESMAN ACCESS M MID MOM UPI LOT HEREON PUTTED M THE ADJACENT PUBUC ROADWAYS, MICH RIGHT OF ACCESS SHMI INURE M ME CUSTOMERS OF AND PERSONS DUNG BUSINESS N MY OF WE COMIMERPAL OR INSTITUTIONAL ESTABIISNMEHS M BE ERECTED ON PORTIONS OF SAM LOTS. ALL CWNSUS MORTGAGEES, OCCUPANTS AND OTHER PERSONS HEREINAFTER ACQUIRING MY INTEREST IN 0 MIT, M ME LOTS FATTED HEREON STALL, AT ALL TIMES. ENJOY ME BENEFITS OF AND SHNL HOLD THEIR INTEREST SUBJECT M MIS GRANT OF ACCESS EASEMENT AND ME SENT OF INGRESS AND EGRESS WEB ALL MUS NJICATE) AS 'AE'. ER EFCTRIC MID IUCOMMUNICA TION (F T ) EASEMENT PROLUSION A NON—EKOVMVE EASEMENT FOR SERNNG ME SIBONSION AND OTHER PROPERTY MM MCMIC AD WMMUNICATON SERNCE IS HEREBY RESERVED FOR AND GRANTED M COMMONNFAIM EDIOUR COMPANY, AT&T ILUNCIS AND JONES NTERCAUM INC., GRANTEES, MDR RESPECTIVE LICENSES, SUCCESSORS AND ASSIGNS JOINTLY AND SEVERALLY O CONSTRUCT, OPERATE REPAIR M IONS, S MODIFY D RECONSTRUCT SIGN RII M. PUMICE SUPPIEMEM, RELOCATE AND REMOVE, FROM THE M TIME LURES, CARMS. CONDGTS. MANHOLES, TRANSFOBIERS, PEDESTALS. EOAPMENT GANNETS OR OTHER FACIUTES USED N CMNECTCN KIM UNDERGROUND TRANSN551ON AND dSTRRIUTW 6 EECTRIMtt, COMMUNICATIONS, SOUNDS AND SIGNALS M, OVER, UNDER ACROSS ALONG AND UPON ME SURFACE OF ME PROPERTY SIOM OWN ME DMHM OR DOTTED UNES (a Ott assignation) ON WE PUT AND MARKED 'ET.E' (ar senior dedgnollon), ME PROPERTY DESGNATE) IN THE OEMARATOM OF CONDOMINIUM ANO/ON ON MIS PUT AS 'COMMON DEMENIS AND ME PROPERTY DESIGNATED ON THE PMT AS -COMMON AREA OR ARUM, AND ME PROPERTY DESIGNATED ON ME PUT FOR STREETS AND I1LER. MERGER PUSIIC ON PRIVATE TOGETHER YAM ME PONT M INSTNL REWIRE) SONDE CONNECTIM ON= ME SURFACE OF EACH LOT AND COMMON AREA OR AREAS M SERVE IMPRDVAMENTS MEEW, OR ON ADJACENT LOTS, AND COMMON AREA OR AREAS. ME RIGHT M CUT. MUM OR REMOVE TIRES BUSHES R00T5, SARLLNGS AM M CLEAR OBSTRUCTIONS MGM ME SURFACE ANp SUBSURFACE AS MAY BE REASONABLY REGUIRED INUDENT M WE RIGHTS HENEM CYAN, AND ME RIGHT M ENTER DOW ME SUBpMDED PROPERTY FOR ALL SUCH PURPOSES. DESTRUCTORS STALL NOT BE PRAM DYER GRANTEES' FACILI11E5 OR IN, UPON OR OVER ME PROPERTY WITHIN ME DAMMED OR DOTTED LOGES (or tunics deslpi tlon) ON WE PUT AND MARKED *17 (a abnWV dalgloNOn), K1MOUT ME PRIOR MITTEN CONSENT7 ME GRATES. AFTER INSIALLATON OF MY SUM FALLTES, ME GRAPE OF ME SUBOMOM PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS M INTERFERE MEIN WE PROPER OPERATOR AND MAINTENANCE THEREOF. ME TERM 'COMMON! ELDHMTY SHALL HAYS THE MEANING EST FORM FOR RICH TERM IN ME 'COMMUNIUM PROPfATY ADP, CHAPTER 765 ILC5 6W/A AS MENDED MGM MME M INC ME TAM "COMMON ARM OR AREAS IS DEFINE) M A TOT, PARCEL OR AREA OF ME RE& PROPERTY, ME DERMAL USE AND ENJOYMENT OF ANION IS RESERVED N WAGE ON AS AN APPONTONMENT M WE SEPARATELY 00E) LOTS, PARCELS ON AREAS WHIN ME PARKED DEVELOPMENT. EVEN NOUN SUCH MAY BE OMERMSE DESNATM ON ME FIAT BY TERNS SUER AS 'OALOM'. 'COMMON ELEMENTS', 'OPEN SPACE'. "OPEN ARM'. 'CCMMON GROUND', TARSNT, AND 'COMMON AREA'. ME TONS 'CUMMON MCA OR AREAS' AND "COMMON DEMENTS NCWDE REAL PROPERTY SURFACED YAM INTERIOR ONVEWAYS AND WAINWAYS, BUT DXWDES RCAL PROPERTY PHYSICALLY OCCURED BY A EJIE)INC SERNCE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL, RETENTION POND ON MEMMICAL EQUIPMENT. RELOCATION OF FACIUM MLL BE DONE BY GRWMM AT COST OF ME GRARTMAOT OMER, UPON WFOO REQUEST. OWNERS CERTIFCATE STATE OF ILLINOIS COUNTY OF KENDALL a MIS IS TO CERTIFY THAT COPLEY VENTURES, INC. IS WE OWNER OF WE PROPERTY DESCRIBED HEREON AND DO(ES) MTWNGLY GRAM AND APPROVE ME PLAT W EASEMENT A$ DESCRIBED HERECN. DATED AT OMINOUS, THIS _ CLAY OF ZOOS. BY: PRESIDENT BY SECRETARY COMMONWEALTH EDISON 0 CERTIFICAIE STATE OF IWNGS )ss COUNTY OF S NOTARYS CERTIFICATE APPROVED AND ACCEPTED. DATE) AT ILLINOIS. THIS _ DAY OF 2000. STATE OF ILLINOIS 2 B4 COUNTY OF S BY- 1. A NOTARY PUBLIC IN AD MR SAID COUNTY, IN WE STATE AFORESAID. DO HEREBY CRT" WAY TITLE: AND ARE PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS IMPOSE NAMES ARE SUBSCRIBED M WE FOREGOING INSTRUMENT, AS OWNERS APPEARED BEFORE ME MIS DAY IN PERSON AND ACKNOWLEDGED NAT THEY SIGNED AND DELIVERED WE SAID INSTRUMENT AS WER OKN FREE AND VOWNTARY ACTS. FOR WE USES AND PURPOSES THOUGH SET FORK. AT&T ILLINOIS CERTIFICATE WISH UNDER MY HAND AND NOTAIAL SEAL THIS _ DAY OF 200& STATE OF ILLINOIS jw COUNTY OF S APPROVED AND ACCEPTED, DATED AT IWNAM THIS _ DAY OF NOTARY PUBLIC MY COMMISSION IXPIRES 2008. BY: TITLE: KENDALL COUNTY RECORDER'S CERTIFICATE STATE OF ILLINOIS t wUHTY OF KEx9au fe JONES INTERCAFILE INC, CFRT1FICA MIS INSTRUMENT Was FILED FOR RECOMO IN ME RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THE _ CLAY OF STATE OF IWNOIS Jss 2006 AT � _.M. AN WAS RECORDED IN BOOK OF RATS W PAGE _. CWNTY OF APPROVED AND ACCEPTED, DAZED AT ILLINOIS, THIS _ DAY OF PREPARED FOR: KENDALL COUNTY RECORDER 200 . RUSH-COPLEY MEDICAL CENTER BY. 2000 OGDEN AVENUE AURORA, IL 60504 SURVEYOR'S cERnFicATE TILE: (630) 976-4972 STATE OF RUNGS COUNTY OF DIPME a CITY COUNCIL'S RTIFI .A PREPARED BY: MIS IS M CERTIFY MAT 1. MICHAEL G MONENRY. AN IWNGS PROFESSIONAL LAND SURWYCR. HAM:PLAT ACCURATELY E PIS EASEMENT FOR ME PROPERTY DESCRIBED HEREON AND MAT THIS PUT STATE OF ILLINOIS llyy M ' E C E M C O N , Ltd . COUNTY F I KENDALL jee � ' = CoosulUng Engineers, Land Surveyors & Planners 2200 WHITE OM CIRCLE, SUITE 100 pYFN UNDER MY HPNp AND SEAL THIS &W DAY GE JUNE 2wB. AURORA H.LMOIS 60502-9675 APPROVED AND ACCEPTED A ME MAYOR AD CITY COUNPL OF WE UNFIED CITY OF PH: (630) 862-2100 FM: (630) 862-2199 YORKVILLE, IWN015. DATED AT ILLINOIS, THIS _ DAY OF e-mail: caddOCemcon.com 2008. IWNGS PROFESSIONAL LAD SURVEMR NO. 3275 OPEC NO. : 903667 FILE NAME : PLAT MY REGISTRATION EPIRES ON NOVEMBER A 2008 WON EY : MAC FED. BK. / PG. NO. : N/A PROFSSIONAL DOW KIM LICENSE NO.: 184 MM37 BY. COMPLETION DATE : 05-24-08 JOB NO. : 741.001 PROFESSIONAL MUMS LOADS EMPIRES APRIL 30, 2009 CITY CLERK 0c4Nket ©2009 C"I". ltd. All rights low"d. y Reviewed By: Agenda Item Number J= Q Legal ❑ �� # �1� 1836 EST 1836 ❑ El i Engineer Tracking Number City Administrator ❑ 9 .... `=O Consultant ❑ p W p oos - IUD �j<ce `VV ❑ Agenda Item Summary Memo Title: Revised 2007-2008 MFT Appropriation Meeting and Date: City Council July 22, 2008 Synopsis: Revised MFT maintenance appropriation due to overages in rock salt and cold patch. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Pass revised appropriation resolution for increased amount Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: This is the proper way to re-appropriate funds that were expended this winter for salt and cold patch using MFT funds. After this is approved, it will be sent to IDOT for approval and funds will be taken from our unobligated balance and transferred to our obligated balance. e: 5 �7 y�l Illinois Department Resolution for Maintenance of `� Of ,.n .partT n Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and 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 $126, 104.00 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 , 2007 to April 30, 2008 (Date) (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 , Jackie Milschewski Clerk in and for the United City of Yorkville County of Kendall (City, Town or Village) hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and 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 7114/2008 BLR 14230 (Rev. 11/06) �l Illinois Department Municipal Estimate of of Transportation Maintenance Costs Section Number 07 - 00000 - 00 - GM Period from 05/01/2007 to 04/30/2008 Municipality Yorkville Estimated Cost of Maintenance Operations Maintenance For Grou 1 II or III Material E ui mentor Labor Operation Group Unit Operation (No. — Description) (1,ll,m,IV) Item Unit Quantity Price Cost Cost Bituminous Patching II Bituminous Cold Patch TON 80 90.00 $7,200.00 71200.00 Surface Hot Mix TON 100 70.00 $7,000.00 71000.00 Signs, Posts & Hardware II Various Si ns EA 150 40.00 $6,000.00 6,000.00 Sign Posts EA 150 27.00 $4,050.00 4,050.00 Brackets & Hardware EA 135 30.00 $4,050.00 4,050.00 Snow Removal III Bulk Rock Salt TON 2450 39.92 $97,804.00 97,804.00 SW P ;s uc C 5 Total Day Labor Costs 1 $126, 104.00 Total Estimated Maintenance Operation Cost $126, 104.00 Preliminary Engineering Engineering Inspection Material Testing Total Estimated Engineering Cost Total Estimated Maintenance Cost $126, 104.00 Submitted: Approved: Date Date By: Municipal Official Title Regional Engineer Submit Four (4) Copies to Regional Engineer Page 1 of 1 BLR 14231 (Rev. 2/23/06) Printed on 7/1412008 11 :21 :33 AM y 9� Illinois Department Request for Expenditure/Authorization of Transportation of Motor Fuel Tax Funds For District Use Only Transaction Number Municipality Yorkville County Kendall Date Rd. District Checked by Section 07-00000-00-GM I hereby request authorization to expend Motor Fuel Tax Funds as indicated below. Purpose Amount ContractConstruction . . . . . . . .. . .. .. . . . .. . . .. . . . . . . . . .. . . . . . .. . .. . . . . . ... . . . . . . . . . .. .. . . .. . .. . . . .. .. . .. . .. .. . . . . . .. . .. . .. . .. .. . . . . . . . . . . . .. . .. . . . .. . . DayLabor Construction . .. . .. . . . .. . . . .. .. .. . .. . . . .. . .. . . . . . . . .. . . . ... .. . .. . ... . . . . . .. . .. . . . .. . . . . .. . .. .. .. . . . .. . .. .. . . . . . . . . . .. . .. . .. .. . . . . . .. . .. . Right-of-Way (Itemized On Reverse Side).. . .. . . .. . .. .. . . .... . . . . . . . . . .. . . . . .. . .. .. .. . .. . .. . .. .. . . . . . .. . . . . .. . . . .. . . . . . . . . . .. ... .. .. ... . . Engineering .. ... . . . . .. . .. .. . . .. .. . . . . . . . .. .. .. . . . .. . . . . . . . . . . . . . . .. . . . . .. . ... .. .. . .. .. . .. .. .. . .. . . . .. .. . . .. . .. .. . . . . . .. .. . .. .. . . . . . . . .. . .. .. . .. .. . . . .. . . . . MaintenanceEngineering .. . . . .. . . . .. .. . . . . . . . . . . . .. . .. .. . . . . .. . .. .. .. . . .. . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . .. . .. . . . .. . . . . . . . . .. EngineeringInvestigations . . . . . .. . . . .. . . ... .. . . . .. . . . . . . . .. . .. . . . . .... .. . . . . .. . .. .. .. . . . . . .. . .. .. .. .. .. . . . .. . .. . . . . . .. . . . . . . . .. . .. .. .. . .. .. ... . . . . OtherCategory. . .. .. . .. . .. . .. . .. . .. ... . . .. . . . .. .. . .. . . . .. . .. . .. . . .. .. . . . .. . .. .. . . . .. . .. . ... .. . . . . . . . .. . .. . .. . . .. . . . . . . .. . . . . . . .. . .. . . . . . . . . . .. .. . .. . . .. . ObligationRetirement .. . .. . . . . .. . . . .. .. .. . . . . . . .. .. . .. . .. . . . . . . . . . .. .. .. . . . . . . . . . . .. .. . .. . . . .. .. . .. . .. . .. .. . .. . . .. . .. . .. . . .. . . . .. .. . .. .. .. . .. .. .. . . . Maintenance. . . . .. . . . . .. . .. . .. . .. . . . . . . . . . .. . . .. . . . . . . .. . . . . . . .. . . . . . . . .. ..... . . . .. . .. . ... . .. . .. . . .. . . . . . .. .. . . . .. .. . .. . . . . . . . . . .. .. . .. ... . . . . . . . . .. .. . .. . 24,979.00 Co. Eng./Supt. Salary & Expenses (Period from to ) IMRFor Social Security .. . .. . . . .. . . . .. . . . .. . .. .. . . . .. . .. . . .. .. . .. . . . ... .. . .. . .... .. . . . .. . . . .. .. . . . . .. . .. . . . .. . . . . . . . . .. . .. . .. . .. .. . .. . . . . . . ... .. . . . Interest Total $ 24,979.00 Comments Date Approved Signed by Date Department of Transportation Title of Official Regional Engineer Printed 7/1412008 Page 1 of 2 BLR 09150 (Rev. 11/06) Itemization of Right-of-Way Request Location of Prop ert Acres Cost of Cost of Damage Street Between And Name of Owner Right- Land to Land Total (Street) (Street) of-Way Taken Not Taken Total $ Printed 7/14/2008 Page 2 of 2 BLR 09150 (Rev. 11/06) MINUTES OF A COMMITTEE OF THE WHOLE MEET CRAFT JOINT MEETING BETWEEN THE OSWEGO VILLAGE PRESIDENT AND BOARD OF TRUSTEES; AND OF YORKVILLE MAYOR AND ALDERMEN OSWEGO PUBLIC WORKS FACILITY 100 THEODORE DRIVE, OSWEGO, ILLINOIS MAY 20, 2008 CALL TO ORDER President LeClercq called the meeting to order at 6:OOp.m. ROLL CALL Village of Oswego: Physically present: President LeClercq; Trustees Tony Giles; Terry Michels; Brad Rock; Dave Schlaker; Judy Sollinger and Lori West. Staff present: Jeanne Hoch, Village Clerk; Dwight Baird, Mark Pries, Finance Director; Lisa Dicke, Planner; and Karl Ottosen, Village Attorney. United City of Yorkville: Physically present: Mayor Valerie Burd; Aldermen Wally Werderich, Ward 1 ; Gary Golinski, Ward 2; Joe Plocher, Ward 2; Robyn Sutcliff, Ward 3; Rose Spears, Ward 4; and Joe Besco, Ward 4. Staff present: Brenda McLaughlin, City Administrator, and Travis Miller, Community Development Director. PRESENTATION BY THE UNITED STATES GREEN BUILDING COUNCIL (USGBC) Catherine Allen and Salena Worster, co-chairs of the State and Local Government Commission; and Rich Goulet, co-chair of the Fox Valley branch of the USGBC were in attendance to present. Ms. Allen began the presentation by noting that green buildings are a reality; the Bank of America tower is a LEED Certified building at the platinum level which is the highest level possible. This building catches all rain water and discharges none. LEED stands for Leadership Energy Environmental Design. USGBC has a broad range of members totaling over 15,000 with 72 chapters/groups; the Chicago Chapter is one of the largest in the country. The presentation focused on the committees of the Chicago Chapter; sustainable integrated design; what most buildings generate in water use, emissions, waste output and utility consumption. There are four (4) levels of certification as follows: Platinum must have 52-69 points; Gold 39-51 points; Silver 33-38 points and Certified 26-32 points. It was questioned whether USGBC had helped any municipalities set standards for their communities. Ms. Allen responded that they have not set mandates; but have helped put standards in place. LEED focuses on sustainable sites; efficient water use; energy and atmosphere; materials and resource; indoor environmental quality; and innovation. Mr. Goulet noted that green buildings reduce energy use, carbon emissions, water use and solid waste. Little or no additional costs are required to build a LEED certified building even thought it is perceived to cost more. Grant information can be obtained at the web site www.dsire.eov. Next level LEEDS is operations and maintenance; there are a number of projects from different entities showing a wide variety of USGBC buildings. Additional discussion was held on ASHRAE standards; examples of "green" buildings; suggestions on how to encourage others to build green. USGBC can assist Minutes of a Committee of the Whole Meeting Joint Meeting Oswego Village President and Board of Trustees and United City of Yorkville Mayor and Aldermen May 20, 2008 Page 2 of 2 with setting up a program; a tool kit for state and local government is available. Another web site where more information can be found is www.greennlaybook.org. The communities of Oswego and Yorkville will work together on regional green project such as linking bike trails and green spaces. ADJOURNMENT The Committee of the Whole Meeting ended at 7:00p.m. Jeanne L. Hoch, CMC Village Clerk MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN YS HELD IN THE CITY COUNCIL CHAMBERS. DRAFT 800 GAME FARM ROAD ON TUESDAY, JUNE 244 2008. Mayor Bard called the meeting to order at 7:04P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Werderich Present Ward II Golinski Present Plocher Present Ward III Matins 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, Police Chief Martin, Director of Park & Recreation Mogle, Community Development Director Miller and Public Relations Officer Spies. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Bard 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 Spears noted that the Public Safety Committee meeting for June 26, 2008 was cancelled and the next meeting was scheduled for July 24, 2008. Mayor Burd asked if all were in favor of the amendment and the City Council approved it unanimously with a voice vote. COMMITTEE MEETING DATES Public Works Committee 6:00 p.m, July 15, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., July 3, 2008 City Hall Conference Room Administration Committee 6:00 p.m., July 10, 2008 City Hall Conference Room Public Safety Committee 6:00 P.M., July 24, 2008 City Hall Conference Room PRESENTATIONS Water Conservation Pete Waller and Jeff Freeman with Engineering Enterprises, Inc. gave a Regional Water Supply Planning Group Progress Report. See attached. After the presentation Alderman Werderich asked for suggestions on how to implement public programs. Mr. Waller gave examples such as retro-fitting shower heads or toilets as examples of how the public can conserve water. He also suggested water conservation pricing; do what you normally do but use less water doing it and get a price break. He explained that he and Mayor Brad are involved with the Metro West Board and they can bring back suggestions from them in the future. Alderman Sutcliff questioned what education was available for the public regarding storrnwater. Mr. Waller stated that he was unaware of any public outreach programs on this topic and suggested that the Green Committee could work on a program to institute. The Minutes of the Regular Meeting of the City Council — .dune 24. 2008 — pasEe 2 PUBLIC HEARINGS BTD Investments, LLC Mayor Burd entertained a motion to go into public hearing for DTD Investments, LLC, petitioner, who has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to Planned Unit Development. The real property consists of approximately 4.2 acres located at the east side of Route 47, Yorkville, Illinois. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved 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 Golinski; seconded by Alderman Werderich. Motion approved by a viva voce vote. CITIZEN COMMENTS Marion Hamilton, 1121 Dalton Avenue, addressed the City Council regarding the Beatification Pilot Program. See attached statement and list of supporters of the program. George Gilson, 498 Sunflower Court, stated that the city needs leadership now more than ever; it needs a mayor and City Council who are honest and independent thinkers. He felt the city needs leaders who make decisions based on the best interest of the city rather than bowing to political pressure. He stated that while he was disappointed with the process used to appoint aldermen and felt an injustice was done to good people and the community, he still remains committed to working for the good of the city. He hoped that Mayor `ban step up and show the community that our leadership can take us places". He stated that he remains honest, ethical and community minded and asked the City Council if they could say the same about themselves. He wished the new appointee good luck and encouraged him to always work for the best of the community. Thomas Hayward, 3395 Ryan Drive, indicated his support of the Beatification Pilot Program. He felt it would increase the esthetics of the community and bring people together. Dan Walter, Fox Hill resident, reported to the City Council that multiple discs have flown into his yard and trees from the Frisbee golf course. He reported that participants are drinking beer in the park, using fowl language and playing after dusk. He stated that the course was too close to homes and the detention pond. Also, the course floods after a heavy rain. He felt that residents should have been advised before the park was changed for this use. He asked the City Council to move holes 2 and three of the course. Amy List, 402 E. Somonauk, supported the Beautification Program and told the City Council that the Girl Scouts are looking forward to participating and their "knuckle garden" will look good when completed. Greg Elting, 1703 Cottonwood, agreed with Mr. Walter regarding the Frisbee golf. He stated that he was hit by a disc while he was doing yard work. He also felt there was an issue with trespassing and public disturbances. He felt the course was poor planning on part of the Park Department and he opposed the park being used in this way. Alderman Morris noted that a hard disc, not a Frisbee as everyone knows it is used. He stated that he heard people are trespassing in resident's yards to retrieve the discs and that several residents have called him with complaints. Mayor Bard suggested that the matter be discussed further at the Public Works Committee meeting. Director Mogle stated he would bring in a disc for the committee to look at. CONSENT AGENDA 1 . Ordinance 2008-52 - Amending the Zoning Code of Ordinances — authorize Mayor and City Clerk to execute (PC 2008-03) 2. Ordinance 2008-53 - Amending the Code of Ordinances Authorizing the City to Impose Transition Fees on Behalf of School Districts #18 and #66 — authorize Mayor and City Clerk to execute (EDC 2008-18) 3. Monthly Treasurer's Report for April 2008 (ADM 2008-49) 4. Resolution 2008-24 - Approving a Revised Salary Schedule - authorize Mayor and City Clerk to execute (ADM 2008-52) 5. AmAudit Utility Audit Proposal — approve as presented (ADM 2008-53) 6. Ordinance 2008-54 - Declaring the United City of Yorkville's Compliance with Illinois Prevailing Wage Act - authorize Mayor and City Clerk to execute (ADM 2008-54) The Minutes of the Regular Meeting of the City Council — June 24, 2008 — page 3 7. Resolution 2008-25 - Approving Revised Park, Gazebo, Shelter Reservations Policy — authorize Mayor and City Clerk to execute (ADM 2008-46) 8. Resolution 2008-26 - Approving a Bad Debt Policy — authorize Mayor and City Clerk to execute (ADM 2008-22) 9. Chignoli Auto — Sidewalk Covenant Agreement - authorize City Administrator to execute (PW 2008-83) 10. Merlin Muffler— Plat of Easement — authorize Mayor and City Clerk to execute (P W 2008-84) 11. 315 E. Van Emmon — Driveway Replacement — Bid Results — award contract to Jetco, Ltd. In an amount not to exceed $263,280. 00 Mayor Burd entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Golinski; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Ordinance 2008-55 Granting a Variance at 352, 354, and 356 Twinleaf (ZBA 2008-01 ) Mayor Burd entertained a motion to approve an ordinance granting a variance at 352, 354 and 356 Twinleaf Trail and authorize the Mayor and City Clerk to execute. So moved by Alderman Golinski; seconded by Alderman Plocher. Director Miller explained that the Zoning Board of Appeals recommended the variance. The maximum height for a fence is 6' however the residents requested a variance for an 8' fence to block their view of the neighboring kennel. Alderman Werderich asked how the gap caused from a 6' fence meeting an 8' fence would be addressed. Director Miller stated that this was a good question that was not addressed at the ZBA meeting. Motion approved by a roll call vote. Ayes-6 Nays- 1 Werderich-nay, Golinski-aye, Besco-aye, Sutcliff--aye, Munns-aye, Spears-aye, Plocber-aye MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated June 17, 2008 totaling the following amounts: checks in the amount of$363,792.48 (vendors); $288,470.44 (payroll period ending 6/7/08); for a total of$652,262.92; seconded by Alderman Golinski. Alderman Spears noted that there were duplicate invoices on page 14, last item for Jensen Entertainment, Inc. in the amount of$525.00. She asked that this be investigated. She also questioned an item on page 15 for the Kendall County Record in the amount of $534.80 ***** Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions (CC 2008-47) Robin Frisch — Chairman Human Resource Commission Mayor Burd gave information to the City Council regarding Robin Frisch's qualifications for chairman of this commission. She indicated that the current chairman, Diana Lento-Reidy asked to step down but still wishes to remain on the commission. Mayor Brad entertained a motion to approve the Mayor's appointment of Robin Frisch as chairman of the Human Resource Commission. So moved by Alderman Sutcliff; seconded by Alderman Munns. The Minutes of the Regular Meetine of the City Council — June 24, 2008 — Page 4 Alderman Spears questioned why the current members weren't offered the chairmanship and expressed her concern with this. She noted that one HRC member has served on the commission for five years. Also, in the past, the commission picked their own chairman. Mayor Burd stated that she discussed this with the Deputy Clerk who told her that the mayor could pick the chairman so she did it. She stated that she is not overstepping her bounds. Alderman Spears noted that the Mayor also picked the chairman for the Senior Ad hoc Committee and the chair has already resigned. Mayor Burd stated that she thought Ms. Frisch would be great as chairman. Alderman Spears countered that the five-year member would also be a great chairman. She agreed that Ms. Frisch would be a good member of the commission however she did not support her as the chairman. Alderman Besco questioned how long Ms. Frisch had been a resident of Yorkville and Alderman Spears indicated that she moved in December 2007. He also questioned how the chairman had been chosen in the past. Alderman Werderich questioned why Ms. Frisch was picked as the chairman versus someone already on the commission. Mayor Burd stated that she spoke with Mrs. Lento- Reidy and another member of the HRC and they indicated they were looking for someone to provide leadership to the move the group in a new direction. She felt that Ms. Frisch has the educational qualification to do this and she would bring in "fresh, new blood". She stated that it has been suggested to disband the commission. There are currently four members; two of which want to leave unless there is a new direction or momentum. She indicated that she was appointing two new members tonight. Alderman Spears indicated that the five-year member of the HRC manages an accessible living facility and is also qualified to be chairman. She stated that the current members have asked the Mayor to attend their meetings however everything was sent to the Public Safety Committee to monitor. She indicated that the HRC wants a change in communication with the city. The former chair contacted the Mayor and Public Safety Committee regarding this. Mayor Bard noted that Mrs. Lento-Reidy tried to make changes but became disheartened. She stated that recently she gave the HRC information about a woman who called city hall inquiring about affordable housing in Yorkville and asked them to work on it. Alderman Manus asked if any of the current members communicated their interest in being chairman. Alderman Spears indicted that the existing members have recommended a chairman. Alderman Munns asked if there was any information on this candidate and Alderman Spears indicated that she would get the information for him. She suggested postponing the appointment until she could do this. Alderman Manna questioned of the Mayor should communicate to the City Council before making an appointment. Alderman Besco stated that the city wants to encourage volunteers so he recommended that Ms. Frisch be appointed to the HRC and then the commission be allowed to choose their chairman. He made a motion to amend the existing motion to appoint Robin Frisch to the Human Resource Commission; seconded by Alderman Werderich. Mayor Burd stated she would withdraw the appointment as chairman and just appoint Ms. Frisch to the HRC. Alderman Golinski agreed with withdrawing the chairmanship and noted that he agreed that the commission would pick their own chairman. Motion to amend the original motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye Motion for appointment to the HRC approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye Barb McClish — Human Resource Commission Mayor Burd entertained a motion to approve the appointment of Barb McClish to the Human Resource Commission. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocber-aye, Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-aye, Spears-aye Sandy Lindblom — Library Board Mayor Bard entertained a motion to approve the appointment of Sandy Lindblom to the Library Board. So moved by Alderman Golinski; seconded by Alderman Werderich. The Minutes of the Regular Meeting of the City Council — June 24. 2008 — oage 5 Alderman Mums commented that he felt there was a lack of cooperation and communication between the Library Board and the City Council. He stated that he was looking for new blood on the board so he was voting against the Library Board appointments. Alderman Sutcliff expressed her disappointment that the Library Board wasn't cooperative with the City Council. She noted that the Board voted against the City Council's use of their facility due to security issues however they have had carpet cleaners in when the library was closed. Alderman Werderich indicated that cooperation goes both ways and the City Council should be bigger people in the matter. Alderman Spears stated that the Administration Committee only wants to use the libraries facility because the library closes at 10:00 p.m. and they have comfortable chairs. She stated that according to the newspapers, the Mayor "strong armed" the Library Board by reminding them that the City Council approves their appointments. Alderman Spears felt that the City Council needs to work with others. Alderman Golinski stated that he did not feel there was a lack of cooperation from the Library Board and the Administration Committee shouldn't want to use the room due to its comfortable chairs. Alderman Besco noted that the Library Board is comprised of volunteers who worked hard to get the new library built. He applauded their efforts. Mayor Bard stated that the point she was making to the Library Board was that both parties have to work together. She did not make a threat and she is reappointing Library Board members. She stated that she was happy with their service but disagrees with some things. Alderman Mums stated that the Administration Committee does not want to use the room because of the chairs; it is just a change of venue. He stated that the Library Board is carrying a grudge because they were told in the past they could not use the city hall conference room. Motion approved by a roll call vote. Ayes-6 Nays-I Werderich-aye, Golinski-aye, Besco-aye, Sutcliff-aye, Munns-nay, Spears-aye, Plocher-aye Marianne Wilkinson — Library Board Mayor Bud entertained a motion to approve the appointment of Marianne Wilkinson to the Library Board. So moved by Alderman Golinski; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-6 Nays-1 Golinski-aye, Besco-aye, Sutcliff-aye, Munns-nay, Spears-aye, Plocher-aye, Werderich-aye Barb Johnson — Library Board Mayor Brad entertained a motion to approve the appointment of Barb Johnson to the Library Board. So moved by Alderman Golinski; seconded by Alderman Werderich. Alderman Werderich thanked everyone who wanted to be re-appointed. Motion approved by a roll call vote. Ayes-6 Nays-1 Besco-aye, Sutcliff-aye, Mums-nay, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye Appointment of Ward 1 Alderman Replacement (CC 2008-48) Mayor Bard introduced Bob Allen, a twelve-year resident of Yorkville who o\previously was City Treasurer and a mayoral candidate. She felt that he was familiar with the city's political climate. Mayor Burd entertained a motion to approve the appointment of Bob Allen as alderman of Ward I to complete Jason Leslie's term of office. So moved by Alderman Mums; seconded by Alderman Plocher. Alderman Besco stated he was impressed with Mr. Allen's qualification and knows him from his previous term as City Treasurer. Alderman Werderich stated that be "hashed out" his disappointment with the process of the appointment and he indicated he was voting against the appointment. Mayor Brad asked Mr. Allen to answer any questions from the City Council. Alderman Spears asked Mr. Allen if he was prepared to work with the entire council due to the division of the members or if he was going to add to the division. Mr. Allen stated he would try to reach out to all the members. The Minutes of the Regular Meeting of the City Council — June 24, 2008 — page 6 Motion approved by a roll call vote. Ayes-6 . Nays-1 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-nay, Golinski-aye, Besco-aye Mayor Hurd swore Mr. Allen in. Cobb Park Playground Equipment (CC 2008-49) Director Mogle explained that this is the equipment for the community build park. Some park equipment is being donated and the manufacturer will send a representative to help with the installation. Cost of the equipment is in the park capital budget. Mayor Burd entertained a motion to approve the purchase of playground equipment for the cob Park playground build as presented. So moved by Alderman Werderich; seconded by Alderman Golinski. 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 RFP Results for Heartland Circle (CC 2008-50) Director Mogle explained that this park, in the center of the subdivision, has been in planning for several years. The park will have a space theme with circle basketball and skate features. The ball field will be passive in function. He asked for approval of the spaceship shaped equipment which totals $50,000.00. He indicated that there is $167,000.00 in Land Cash to use on additional equipment. He asked for approval to use this on alternative equipment however Attorney Orr indicated he could ask for approval of the second piece of equipment because it is currently not in the budget. Director Mogle stated he would bring this request back at a later time. Mayor Bard entertained a motion to approve the purchase of Miracle equipment from Team Roil in an amount not to exceed $50,000.00. So moved by Alderman Golinski; seconded by Alderman Werderich. Alderman Munns asked what the lowest height would be for the basketball hoops. He was concerned that kids will pull the rims down and damage them. Director Mogle stated that there will be lower rims to accommodate younger kids. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-aye, Allen-aye, Sutcliff-aye CITY COUNCIL REPORT Beautification Pilot Program (CC 2008-51 ) Alderman Spears stated that she would like a breakdown of the cost to replace the removed sod and the water needed for the grass. She stated that she drove by the Freemont location and there were only four plants in the garden and the dirt was running into the street. She asked if mulch was going to be used to prevent the runoff. She also questions if the fire department approved plantings around fire hydrants. She indicated that she thought this could be a great program however she felt it should not cost the taxpayers for the program when streets need repaired and more police are needed. Mr. Hayward commented that the Girl Scouts are planting the corner in question and it is a work in progress. Mayor Burd noted that the time, plants and water have been donated. Alderman Besco stated he received emails from some concerned residents. He stated he would like the property owners to have input and to give permission before any flowers are planted. Alderman Spears asked that a policy or form be developed for property owners to sign. Mayor Burd suggested taking the matter to the Public Works Committee so that guidelines can be developed. Alderman Sutcliff noted that other communities are doing the same program very successfully. She admitted a mistake was made but it can be learned from. She felt the program would be beneficial to the city and she agreed with Alderman Besco that permission should be obtained from homeowners. Alderman Allen agreed with the comments of the other Council members. He stated it was important to motivate volunteers and he like innovative programs such as this. The Minutes of the Reeular Meetlne of the CAN, Council — June 24, 2008 — uaee 7 ATTORNEY'S REPORT Attorney Orr reported that training for the administrative adjudication would begin on July 7, 2008 at 9:00 a.m. She invited the City Council and staff rejoin the process so they can learn the system. She felt it will be a successful program. Alderman Spears asked if Attorney ingemunson's business with developers has been completed. Attorney Orr stated he will be done by July 1, 2008 but she will confirm this before beginning training. Alderman Spears asked if his entire law firm was done with business with developers and Attorney Orr stated she would check into it. Alderman Spears commented that no one from the law firm should come before the City Council representing CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOWS REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT Mayor Bard noted that there have been comments in the newspapers indicating that the Police Department is not up to par. She stated that the city has a fantastic department and residents should not feel the Police Department is inferior due to the budget cuts. Chief Martin gave the following statistics: o There are 30 full-time officers and this is the first time the force has been at this level of employment. There are also three part-time officers, two cadets and one civilian who has taken over thejob of monitoring vehicles and equipment. o There are four full-time civilian office support staff. o Training has increased; all supervisors will have Northwestern University training o The Police Department patrols 20 square miles with officers driving 2200 miles/month o Calls have increased 20% over last year; calls average 2/hour. o There are 1200 to 1300 participants in the Neighborhood Watch program. o The Police Department offers other services such as medicine disposal; senior wellness checks; emergency vouchers to provide funds for indigent people to use toward food; Safety Fair, etc. o Crime stays level; mostly property and domestic crime. o 90 — 95% of people surveyed feel that Yorkville is a safe community. o Per a survey of twelve neighboring communities the average police coverage is 1.70 officers/1000 residents. Yorkville averages 1 .87 officers/1000 residents. Chief Martin reported that the city is safe and police protection is at a good level. He indicated that he will be bringing a request to the Public Safety Committee to hire a part-time civilian for a records clerk position to help with the new adjudication process. He indicated that he would come to the City Council if he feels there is a need for additional officers however at this time the department is managing well. He stated that Yorkville has the most professional, educated and trained officers serving the city. Alderman Mums asked what the rotation for officers driving through a neighborhood was. Chief Martin stated that there is no specific frequency set; the officers try to get around the community as much as possible. Alderman Munns commended the Police Department for their service. Alderman Plocher indicated that he has used the Police Department often and they have been quick to respond. He thanked them for their service. Alderman Allen stated that the city has a motivated Police Department that works through challenges. He stated that there are no ego problems and that when the Chief recognized a need he responded. Alderman Spears asked if in the comparison of officer to resident ratio if the square mileage was considered. Chief Martin stated that Yorkville was unique due to its size. The Minutes of the Regular Meeting of the City Council — June 24, 2008 — oa e 8 Chief Martin commented that the Yorkville PD was the best equipped in Kendall County and this is information relayed to him from the officers; they see this when the help other communities. DIRECTOR OF PARKS & RECREATION'S REPORT Director Mogle introduce the Park & Recreation Department's summer intern. He also reported that the 2ntl Music Under the Stars would be held on Friday, June 27, 2008 at the Town Square Park. Also being held this weekend at the park is the Festival of Fine Arts with a wine tasting element. Also, the park open house on Friday, June 20, 2008 was delayed; the next open house will be July 18, 2008. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that the second open house for the Comprehensive Plan Update was held on June 19, 2008 and residents had a lot of input. On July 9, 2008 the Plan Commission will review the Comprehensive Plan and recommend additional changes. The Plan should be before the City Council in August 2008. Alderman Werderich asked what things were commented on and Director Miller stated that comments were made on transportation issues, clustering at main intersections, etc. He indicated that he would rank the citizen's comments for the Plan Commission meeting. COMMUNITY RELATIONS OFFICER'S REPORT Mrs. Spies reported that the city will be having a float in the 0 of July parade. Anyone interested should be at the high school at 8:30 a.m. Mayor Burd noted that this is a good opportunity for the residents to see the City Council and she invited everyone to participate. Mrs. Spies reported that the Fine Arts and Wine Tasting would be Saturday June 28, 2009 from 9:00 a.m. to 5:00 p.m. and that Coffee with the Mayor would be the same day beginning at 11 :00 a.m. COMMUNITY & LIAISON REPORT Car Show Alderman Plocher reported that he attended a recent car show at the Kendall County Fair Grounds where there were 400 cars displayed. He stated that he heard comments that people liked the community. Over 2000 people were in attendance. School Board Alderman Sutcliff reported that she attended the School Board meeting where new hires the re- organization of the schools, updating the districts website to include agendas and minutes and the display of textbooks was discussed. COMMITTEE REPORTS PUBLIC WORKS COMMTTTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2008-56 Approving an Amendment to the Fountainview/DTD Investments, LLC Annexation Agreement (PC 2008-08) A motion was made by Alderman Golinski to approve an ordinance approving an amendment to the Fountainview/DTD Investments, LLC Annexation Agreement and authorize the Mayor and City Clerk to execute all documents; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Golinski-aye, Besco-aye, Allen-present, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye Ordinance 2008- 57 Amending Yorkville City Code regarding Signage Criteria (EDC 2008-38) A motion was made by Alderman Golinski to approve an ordinance amending Yorkville City Code and authorize the Mayor and City Clerk to execute; seconded by Alderman Werderich. Alderman Werderich asked what was decided on the LED sign. Director Miller explained that LED's were allowable up to 50% of the sign area and there can be no flashing or scrolling. Alderman Werderich asked what the light output would be. Alderman Golinski stated that brightness was discussed but not put The Minutes of the Regular Meeting of the City Council — June 24, 2008 — oaee 9 into the code. Director Miller confirmed this; the discussion was limitied to sign size and application. He stated that brightness could be addressed in the future. Alderman Golinski agreed that it wouold be a good idea to address brightness. Mayor Burd indicated that the city was looking at a policy for sustainable design standards. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye, Allen-present, Swoliff--aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2008-58 Amended and Restated Governing Ordinance (ADM 2008-56) A motion was made by Alderman Munns to approve an ordinance amending and restating the Governing Ordinance of the mayor and City Council and authorize the Mayor and City Clerk to execute; seconded by Alderman Golinski. Alderman Morris reported that this amendment cleans up verbiage as to how new people are placed on committees. Mayor Burd noted that Alderman Leslie was the chairman of the Economic Development Committee and Alderman Golinski assumed the position after he resigned. This amendment does not allow Alderman Allen to be the chairman in his place. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Allen-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Besco-present ADDMONAL BUSINESS Newspaper Editorial Alderman Manus noted that a recent editorial in the newspaper did a good job pointing out the City Council's behavior. He stated that he was tired of the sniping and communication problems. He stated that he supported former Mayor Prochaska and now supports and works with Mayor Burd. He felt the City Council should correct the situation. City Administrator Weekly Report Alderman Besco had a question about the City Administrator's weekly report on page 2 regarding the Wiseman bill. It stated that the bill was for a FOIA request with Director Mika due to Alderman Besco. Alderman Besco stated that he has never filed a FOIA request and he asked for clarification. Lawsuit Alderman Spears asked who was paying for the Sibenaller vs. Milschewski lawsuit. Attorney Orr explained that the insurance company was paying. Alderman Spears asked if this would raise the city's insurance and Attorney Orr did not think so. She further explained that under the law, the city has no right to go back to the plaintiff for fees. Alderman Spears noted that the City Attorney and Attorney Kramer are working on the complaint against the mayor. Attorney Orr stated that the mayor has the right to counsel however she is not working on the case. Alderman Spears questioned if Attorney Kramer posed a conflict of interest since he also represents developers in the city. Attorney Orr stated she would check into this. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of., 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 testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. o 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. Mayor Burd noted that no action would result from the executive session. The Minutes of the Regular Meeting of the City Council — June 24, 2008 — page 10 So moved by Alderman Allen; seconded by Alderman Werderich. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Allen-aye, Munns-aye, Plocher-aye The City Council went in to Executive Session at 9:50 p.m. The City Council returned to regular session at 10:30 p.m. ADJOURNMENT Mayor Bard entertained a motion to adjourn. So moved by Alderman Munns; seconded by Alderman Allen. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10:31 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk 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 June 24 , 2008 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . D- 849908 Page 2 1 P R E S E N T : 2 MS . VALERIE BURD , Mayor ; 3 MR . JOSEPH BESCO , Alderman ; 4 MR . GARY GOLINSKI , Alderman ; 5 MR . MARTY MUNNS , Alderman ; 6 MR . ARDEN JOE PLOCHER , Alderman ; 7 MS . ROSE ANN SPEARS , Alderwoman ; 8 MS . ROBYN SUTCLIFF , Alderwoman ; 9 MR . WALLY WERDERICH , Alderman . 10 11 MR , BRENDAN McLAUGHLIN , City 12 Administrator ; 13 MR , WILLIAM POWELL , City Treasurer ; 14 MS . JACQUELYN MILSCHEWSKI , City Clerk . 15 16 A P P E A R A N C E S : 17 BY : MS . KATHLEEN FIELD ORR , 18 appeared on behalf of the United 19 City of Yorkville , Illinois . 20 - - - 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 . The next item on the 6 agenda is the public hearing for DTD Investments , 7 LLC . I ' d like to entertain a motion to open the 8 public hearing . 9 DTD Investments , LLC has filed an 10 application with the United City of Yorkville 11 requesting an amendment to the Planned Unit 12 Development . The real property consists of 13 approximately 4 . 2 acres and it ' s located at the 14 east side of Route 47 . 15 ALDERMAN GOLINSKI : So moved . 16 ALDERMAN PLOCHER : Second . 17 MAYOR BURD : Okay . All in favor? 18 ( Body of ayes . ) 19 MAYOR BURD : Anyone opposed? 20 okay . We will go into public 21 hearing . 22 MR . KRAMER : " Hi , " my name is D . J . 23 Kramer on behalf of DTD Investments , LLC , an 24 attorney licensed to practice law in the state of Page 4 1 Illinois . 2 As you said , we have filed a 3 petition to amend the annexation agreement . 4 Basically what we ' re amending is the setbacks for 5 one lot in the Planned Unit Development and the 6 developers agreed to construct a sidewalk at their 7 own expense on the north side of Fountainview 8 Drive . 9 There will be a 10 - foot side yard 10 parking setback on the lot , a 37 - foot setback of 11 the building , and a 13 - foot interior side yard 12 setback on the north side of Lot 3 . 13 We ' ll be granting an easement to the 14 City of Yorkville for the placement of the 15 sidewalk , and as I said , our client will be 16 constructing the sidewalk at its own expense . 17 Not myself , but Dan has presented 18 this to the Plan Council and the Plan Commission . 19 They both recommended approval . We would ask that 20 you do the same . 21 Thank you . 22 MAYOR BURD : Is there any questions from 23 anyone in the audience on this public hearing ? 24 No . Page 5 1 Any of the aldermen like to ask a 2 question? 3 Alderman Sutcliff . 4 ALDERWOMAN SUTCLIFF : I would like to 5 know what Travis thinks on the - - do you have a 6 recommendation on this ? 7 MR . MILLER : Staff recommended the 8 amendment . It ' s basically a shift of the building 9 envelope which results from the right - of -way 10 dedication . The annexation agreement did allow 11 for a 66 - foot right - of - way width which translates 12 to a 33 - foot gap right - of - way from the centerline 13 of the street . 14 Recognizing that this street could 15 potentially be extended to the east at some point 16 in the future , this could become more than just a 17 local street coming off of 47 . 18 So requiring a building , a physical 19 structure , to be set back at a 40 - foot 20 right - of -way was the request of staff . The 21 petitioner has agreed to do that , basically not 22 changing the right - of - way dedication here , leaving 23 it at 33 , but increasing their front yard setback 24 to 37 feet , which gives us that extra seven- foot Page 6 1 difference between a 33 - foot and a 40 - foot 2 right - of - way . 3 The petitioner did ask the Plan 4 Commission , and the Plan Commission considered 5 also looking at the northern boundary of this 6 parcel , which is a side property line . The 7 ordinance requires a 20 - foot setback . So they ' re 8 asking for an amendment to have a 37 - foot front 9 yard setback instead of a 30 - foot and a 13 - foot 10 side yard setback instead of a 20 . it So , basically , as I first stated , I 12 said it ' s a shifting of the building envelope . we 13 looked real close - - Plan Council looked close at 14 the separation of buildings . The main reason for 15 a side yard setback is to allow emergency vehicles 16 and equipment around each building as these lots 17 develop . 18 The Fire District is taking a look 19 at this petition , as they do with most , but we 20 emphasized this to make sure that they were aware 21 of the seven- foot loss and the side yard setback 22 ( inaudible ) . 23 So staff does recommend the approval 24 and actually suggested this amendment to the Page 7 1 agreement as a solution to the problem . 2 ALDERWOMAN SUTCLIFF : Okay . Thank you . 3 MAYOR BURD : Any other questions ? 4 Alderman Werderich . 5 ALDERMAN WERDERICH : Perhaps you can 6 walk me through this , and I apologize . I had a 7 hard time reading this survey . And I know that we 8 don ' t necessarily have a big one that ' s up . 9 There is two metal storage sheds , 10 and those are both coming down? 11 MR . KRAMER : I believe that ' s the plan . 12 ALDERMAN WERDERICH : Okay . And this 13 kind of speckled area - - actually , all the way 14 over to the - - just to help me to locate this , all 15 the way over to the left - hand side or the west 16 side of the map that we have , that ' s Route 47 ; 17 correct ? 18 MR . TRAVIS : Correct . 19 ALDERMAN WERDERICH : Okay . And that 20 intersects near Fountainview Drive and goes into 21 the - - 22 MR . MILLER : The signalized 23 intersection . 24 ALDERMAN WERDERICH : That ' s where - - Page 8 1 okay , the signalized intersection there that goes 2 into that - - 3 MR . MILLER : The village . 4 ALDERMAN WERDERICH : That ' s sidewalk ; 5 correct ? 6 MR . MILLER : Right . 7 ALDERMAN WERDERICH : So the area - - does 8 that ( inaudible ) , and how does that sidewalk 9 differ now as opposed to what it was before ? 10 MR . MILLER : Physically it ' s going to be 11 in the same location . 12 ALDERMAN WERDERICH : Okay . 13 MR . MILLER : What ' s happening is it ' s 14 going to be outside of the right - of - way . So the 15 petitioner is going to dedicate an easement to 16 house that sidewalk and construct the sidewalk as 17 they would . Physical appearance here is going to 18 be the same as if the right - of -way were at 19 40 - foot , but the right - of - way is at 33 . 20 So the right - of -way line will stay 21 the same with this proposed amendment . The 22 sidewalk will be in an easement . So for 23 maintenance , City maintenance and upkeep of that 24 sidewalk , whether it ' s in the right - of - way or on a Page 9 1 permanent easement , the staff felt was a moot 2 point . It ' s not ideal to put sidewalks in 3 right - of - ways , but under a permanent easement , we 4 have all the same rights to other maintenance , the 5 long - term upkeep of that sidewalk , and either way 6 the petitioner is constructing that . 7 Now , so , the 30 - - - where you see 8 the bubbles around the 30 - foot building setback 9 line , that ' s being shifted seven feet to the 10 north . What that does is allows us to maintain 11 the parkway width with the curb of the sidewalk , 12 puts the sidewalk in an easement and gives us a 13 building setback line that would have been the 14 same if it were a 40 - foot setback - - 40 - foot 15 right - of - way , I should say . 16 In the event that this pavement , 17 this street ever needed to be to widened to 18 accommodate a major collector , we wouldn ' t have to 19 acquire a building or relocate a building to make 20 that happen . 21 ALDERMAN WERDERICH : One last thing , and 22 it may not be something that needs to be addressed 23 here or could be addressed here is on the south 24 side of Fountainview Drive is the sidewalk . It Page 10 1 kind of stubs off instead of going down into 2 the - - it would connect up off the - - are you 3 following me on that ? 4 MR . MILLER : Yes . That ' s a good 5 question . It wasn ' t part of this subdivision 6 plat , but it is a requirement . If the property to 7 the south , which is a County property , if that 8 would ever redevelop , a sidewalk would be required 9 along 47 . So it would connect into where the 10 sidewalk ends . 11 I think in actuality this sidewalk , 12 you know , this plan isn ' t representative of what 13 would be constructed . we would at a minimum take 14 that southern sidewalk and take it north to the 15 intersection so it lines up with the crossing . It 16 may not go south until that property develops , but 17 it wouldn ' t just end the way it ' s shown on this 18 map . So this isn ' t an engineering plan and not a 19 good representation of that sidewalk . 20 MAYOR BURD : Could I ask all the 21 aldermen to make sure you speak into your 22 microphones because people at home have a hard 23 time hearing , and I know some of you have the 24 microphones quite a ways away . So if you could Page 11 1 use them , I would appreciate it if you could do 2 that . 3 Are there any other questions ? 4 ALDERMAN GOLINSKI : About the 5 microphone . I moved mine away because I listened 6 to myself on TV and it just resonates . I ' m 7 thinking that it ' s too close . I mean , it sounds 8 terrible . Some people sound okay , but I don ' t 9 know if it ' s because I ' m a loud talker or what , 10 but on TV , it resonates and I could barely it understand myself . So I figured I ' d try it a 12 little further away tonight . 13 MAYOR BURD : Well , whatever works for 14 you . I know that some of the people have 15 complained that they can ' t hear the aldermen on 16 the sides because of the way the microphones are 17 set up . So if you hear yourself and you can ' t 18 hear yourself , adjust your microphones . 19 Any other comments . Questions ? 20 None ? 21 I ' d like to thank you and entertain 22 a motion to go out of the public hearing . 23 ALDERMAN GOLINSKI : So moved . 24 ALDERMAN WERDERICH : Second . Page 12 1 MAYOR BURD : All in favor? 2 ( Body of ayes . ) 3 MAYOR BURD : All opposed? 4 ( which were all the 5 proceedings had at the 6 public hearing portion of 7 the City Council 8 meeting . ) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 13 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 . it I further certify that I am neither 12 counsel for nor related to counsel for any of the 13 parties to this suit , nor am I in any way related 14 to any of the parties to this suit , nor am I in 15 any way interested in the outcome thereof . 16 I further certify that my 17 certificate annexed hereto applies to the original 18 transcript and copies thereof , signed and 19 certified under my hand only . I assume no 20 responsibility for the accuracy of any reproduced 21 copies not made under my control or direction . 22 23 24 Page 14 1 In testimony whereof , I have 2 hereunto set my hand this 7th day of July , A . D . , 3 2008 . 4 5 6 Teresa S . Grandchamp , CSR 7 CSR No . 084 - 002853 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 12 : 36 : 00 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT AACVB AURORA AREA CONVENTION 043008 -ALL 07 / 10/ 08 01 FINANCE-APRIL ALL SEASON TAX 01 - 120 - 65 - 00 - 5844 07 / 22 / 08 39 . 18 MARKETING - HOTEL TAX INVOICE TOTAL : 39 . 18 VENDOR TOTAL : 39 . 18 ACCURINT ACCURINT - ACCOUNT 41249304 1249304 - 20080630 06 / 30/ 08 01 POLICE - SEARCHES 01 - 210 - 65 - 00 - 5804 07 /22 / 08 58 . 85 OPERATING SUPPLIES INVOICE TOTAL : 58 . 85 VENDOR TOTAL : 58 . 85 ACTION ACTION GRAPHIX LTD 2327 07 / 08 / 08 01 COMM RELATIONS -BANNER 01 - 130 - 78 - 00 - 9010 07 /22 / 08 96 . 54 COMMUNITY EVENTS INVOICE TOTAL : 96 . 54 VENDOR TOTAL : 96 . 54 ALLIICEF ALLIED ICE FORUM 070708 07 / 07 / 08 01 COMM RELATIONS - ICE RINK 01 - 130 - 78 - 00 - 9013 07 / 22 / 08 1 , 700 . 00 HOLIDAY UNDER THE STARS 02 DEPOSIT * * COMMENT * * INVOICE TOTAL : 1 , 700 . 00 VENDOR TOTAL : 11700 . 00 ARAMARK ARAMARK UNIFORM SERVICES 610 - 6302602 07/ 01/ 08 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 07 /22 / 08 22 . 52 WEARING APPAREL 02 WATER OP- UNIFORMS 51 - 000 - 62 - 00 - 5421 22 . 52 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 22 . 51 WEARING APPAREL INVOICE TOTAL : 67 . 55 t` fr P1 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 12 : 36 : 00 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ARAMARK ARAMARK UNIFORM SERVICES 610 - 6308652 07 / 08 / 08 01 STREETS -UNIFORMS 01 - 410 - 62 - 00 - 5421 07 /22 / 08 29 . 67 WEARING APPAREL 02 WATER OP-UNIFORMS 51 - 000 - 62 - 00 - 5421 29 . 67 WEARING APPAREL 03 SEWER OP -UNIFORMS 52 - 000 - 62 - 00 - 5421 29 . 66 WEARING APPAREL INVOICE TOTAL : 89 . 00 VENDOR TOTAL : 156 . 55 ARROLAB ARRO LABORATORY , INC . 39167 06 /27 / 08 O1 WATER OP - 10 COLIFORM 51 - 000 - 65 - 00 - 5822 07 / 22 / 08 100 . 00 WATER SAMPLES INVOICE TOTAL : 100 . 00 VENDOR TOTAL : 100 . 00 ATT AT&T 6305529222 - 0608 06/25 / 08 01 SEWER OP -FOX HILL LIFT STATION 52 - 000 - 62 - 00 - 5435 07 /22 / 08 27 . 18 ELECTRICITY INVOICE TOTAL : 27 . 18 6305531141 - 0608 06 / 25 / 08 01 POLICE- FAX 01 - 210 - 62 - 00 - 5436 07 /22 / 08 177 . 30 TELEPHONE INVOICE TOTAL : 177 . 30 6305531577 - 0608 06/25 / 08 01 WATER OP -LIFT STATIONS 51 - 000 - 62 - 00 - 5436 07 /22 / 08 393 . 72 TELEPHONE INVOICE TOTAL : 393 . 72 6305534349 - 0608 06/25 / 08 01 ADMIN- CITY HALL CENTEX 01 - 110 - 62 - 00 - 5436 07 /22 / 08 674 . 17 TELEPHONE 02 POLICE - CITY HALL CENTEX 01 - 210 - 62 - 00 - 5436 674 . 17 TELEPHONE P2 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 12 : 36 : 00 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 07 /22 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT ATT AT&T 6305534349 - 0608 06 / 25 / 08 03 WATER OP - CITY HALL CENTEX 51 - 000 - 62 - 00 - 5436 07 / 22 / 08 674 . 17 TELEPHONE INVOICE TOTAL : 2 , 022 . 51 6305536522 - 0608 06 / 25 / 08 01 WATER OP -LIFT STATIONS 51 - 000 - 62 - 00 - 5436 07 / 22 / 08 28 . 98 TELEPHONE INVOICE TOTAL : 28 . 98 6305537575 - 0608 06 /25 / 08 01 ADMIN- CITY HALL FAX 01 - 110 - 62 - 00 - 5436 07/22 / 08 49 . 64 TELEPHONE INVOICE TOTAL : 49 . 64 630R061269 - 0608 06/ 16 / 08 01 ADMIN- CITY HALL FIRE 01 - 110 - 62 - 00 - 5436 07/ 22 / 08 35 . 31 TELEPHONE 02 POLICE- CITY HALL FIRE 01 - 210 - 62 - 00 - 5436 35 . 31 TELEPHONE INVOICE TOTAL : 70 . 62 630R262965 - 0608 06 / 16 / 08 01 ADMIN- CITY HALL NORTEL 01 - 110 - 62 - 00 - 5436 07 /22 / 08 471 . 25 TELEPHONE 02 POLICE- CITY HALL NORTEL 01 - 210 - 62 - 00 - 5436 471 . 25 TELEPHONE 03 WATER OP - CITY HALL NORTEL 51 - 000 - 62 - 00 - 5436 471 . 24 TELEPHONE INVOICE TOTAL : 1 , 413 . 74 630Z990924 - 0608 06/ 16 / 08 01 PD CAPITAL-T1 LINE 20 - 000 - 75 - 00 - 7010 07 /22 / 06 241 . 83 NEW WORLD SOFTWARE INVOICE TOTAL : 241 . 83 VENDOR TOTAL : 4 , 425 . 52 ATTGLOB AT&T GLOBAL SERVICES , INC . IL745274 06 /23 / 08 01 POLICE -ADD NEW LINE AND 01 - 210 - 62 - 00 - 5436 07 / 22 / 08 210 . 00 TELEPHONE P3 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 12 : 36 : 00 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ATTGLOB AT&T GLOBAL SERVICES , INC . IL745274 06 / 23 / 08 02 PROGRAM * * COMMENT * * 07 / 22 / 06 INVOICE TOTAL : 210 . 00 IL745404 06 / 23 / 08 01 ADMIN- 07 / 01/ 08 - 01 / 06 / 09 01 - 110 - 62 - 00 - 5439 07 /22 / 08 1 , 472 . 40 TELEPHONE SYSTEMS MAINTENA 02 MAINTENANCE FEE * * COMMENT * * INVOICE TOTAL : 1 , 472 . 40 VENDOR TOTAL : 1 , 682 . 40 BANKNY THE BANK OF NEW YORK 062508 - SSAAMC 07 / 07 / 08 01 TRUST & AGENCY-AUTUMN CREEK 95 - 000 - 78 - 00 - 9013 07 /22 / 08 10 , 081 . 23 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 10 , 081 . 23 062508 - SSA13RB 07 / 07/ 08 01 TRUST & AGENCY-BRISTOL BAY SSA 95 - 000 - 78 - 00 - 9013 07 / 22 / 08 156 , 838 . 92 SSA PAYMENTS TO TRUSTEES 02 DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 156 , 838 . 92 062508 - SSARVI 07 / 07 / 06 01 TRUST & AGENCY- RAINTREE 95 - 000 - 78 - 00 - 9013 07/22 / 08 47 , 954 . 11 SSA PAYMENTS TO TRUSTEES 02 VILLAGE SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 47 , 954 . 11 062508 - SSARV2 07/ 07 / 08 01 TRUST & AGENCY-RAINTREE 95 - 000 - 78 - 00 - 9013 07 / 22 / 08 31210 . 33 SSA PAYMENTS TO TRUSTEES 02 VILLAGE II SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 31210 . 33 VENDOR TOTAL : 218 , 084 . 59 BISHEXCA BISH EXCAVATING COMPANY PAYOUT 5 07 / 08/ 08 01 WATER IMPROV-GAWNE LANE 51 - 200 - 75 - 00 - 7520 07 /22 / 08 11 , 351 . 26 WATERMIAN PROJECTS P4 DATE : 07 / 16/ 08 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 12 : 36 : 00 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BISHEXCA BISH EXCAVATING COMPANY PAYOUT 5 07 / 08 / 08 02 WM & ROADWAY IMPROVEMENTS * * COMMENT * * 07 / 22 / 08 INVOICE TOTAL : 11 , 351 . 26 VENDOR TOTAL : 11 , 351 . 26 BNYCORP THE BANK OF NEW YORK 1270368 06 / 20 / 08 01 FINANCE -ADMINISTRATION FEE 01 - 120 - 62 - 00 - 5401 07 / 22 / 08 214 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 214 . 00 VENDOR TOTAL : 214 . 00 BUREAU BUREAU OF WEIGHTS & MEASURES 7M001482 05/20 / 08 01 POLICE - INSPECTION SERVICES 01 - 210 - 62 - 00 - 5408 07 /22 / 08 744 . 00 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 744 . 00 VENDOR TOTAL : 744 . 00 CARGILL CARGILL , INC 2253416 06/24 / 08 01 WATER OP- SALT & FUEL CHARGE 51 - 000 - 62 - 00 - 5407 00203967 07 / 22 / 08 2 , 299 . 04 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 299 . 04 VENDOR TOTAL : 2 , 299 . 04 CDWG CDW GOVERNMENT INC . KVR7225 06 /25 / 08 01 FINANCE- BACKUP TAPES 01 - 120 - 75 - 00 - 7002 07 / 22 / 08 189 . 53 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL : 169 . 53 KWR5809 06 /30 / 08 01 POLICE-VIDEO SERVER SWITCH 01 - 210 - 62 - 00 - 5411 07 /22 / 08 71 . 84 MAINTENANCE - COMPUTERS INVOICE TOTAL : 71 . 84 VENDOR TOTAL : 261 . 37 P5 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 12 : 36 : 00 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CENSOD CENTRAL SOD INV5407 06 / 17 / 08 01 STREETS - KENTUCKY BLUE GRASS 01 - 410 - 65 - 00 - 5804 07 /22 / 08 23 . 25 OPERATING SUPPLIES INVOICE TOTAL : 23 . 25 VENDOR TOTAL : 23 . 25 CENTRALL CENTRAL LIMESTONE COMPANY , INC 8696 06 / 30/ 08 01 STREETS - GRAVEL 01 - 410 - 65 - 00 - 5817 00204141 07 /22 / 08 11804 . 38 GRAVEL INVOICE TOTAL : 1 , 804 . 38 VENDOR TOTAL : 1 , 804 . 38 CHICBADG CHICAGO BADGE & INSIGNIA CO . 8961 06 /23 / 08 01 POLICE - 4 COMMENDATION BARS 01 - 210 - 62 - 00 - 5421 07 /22 / 08 41 . 37 WEARING APPAREL INVOICE TOTAL : 41 . 37 VENDOR TOTAL : 41 . 37 COMDIR COMMUNICATIONS DIRECT INC 83426 07 / 02 / 08 01 POLICE - LIGHT REPAIR 01 - 210 - 62 - 00 - 5409 07 /22 / 08 10 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 10 . 00 IN94370 06/ 25/ 08 01 PD CAPITAL-RADIOS 20 - 000 - 75 - 00 - 7006 07 /22 / 08 1 , 852 . 04 CAR BUILD OUT INVOICE TOTAL : 11852 . 04 VENDOR TOTAL : 11862 . 04 COMED COMMONWEALTH EDISON 0185079109 - 0708 06/30 / 08 01 WATER OP - LIFT STATION 51 - 000 - 62 - 00 - 5435 07 / 22 / 08 120 . 17 ELECTRICITY INVOICE TOTAL : 120 . 17 P6 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 12 : 36 : 00 DETAIL BOARD REPORT ID : AP441000 . W0W INVOICES DUE ON/BEFORE 07 /22 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 06620 - 76002 - 0608 06 / 27 / 06 01 STREETS - STREET LIGHTS 01 - 410 - 62 - 00 - 5435 07 / 22 / 08 27 . 24 ELECTRICITY INVOICE TOTAL : 27 . 24 09030 - 40077 - 0708 06 /27 / 08 01 STREETS - STREET LIGHTS 01 - 410 - 62 - 00 - 5435 07 / 22 / 08 21980 . 55 ELECTRICITY INVOICE TOTAL : 2 , 960 . 55 0908014004 - 0708 06 / 30 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 07 /22 / 06 29 . 65 ELECTRICITY INVOICE TOTAL : 29 . 65 0966038077 - 0706 06/ 27/ 08 01 STREETS - 456 KENNEDY RD 01 - 410 - 62 - 00 - 5435 07 /22 / 08 38 . 12 ELECTRICITY INVOICE . TOTAL : 38 . 12 1407125045 - 0708 07 / 02 / 08 01 SEWER OP - FOX HILL 7 LIFT 52 - 000 - 62 - 00 - 5435 07 /22 / 08 72 . 90 ELECTRICITY INVOICE TOTAL : 72 . 90 20190 - 99044 - 0708 07 / 04/ 08 01 WATER OP-WELL 51 - 000 - 62 - 00 - 5435 07 / 22 / 08 39 . 36 ELECTRICITY INVOICE TOTAL : 39 . 36 2668047007 - 0708 06 /26 / 08 01 SEWER OP- 1908 RAINTREE RD 52 - 000 - 62 - 00 - 5435 07/22 / 08 124 . 12 ELECTRICITY INVOICE TOTAL : 124 . 12 4085080033 - 0708 06 / 30 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 07 /22 / 08 111 . 72 ELECTRICITY INVOICE TOTAL : 111 . 72 44490 - 87016 - 0708 07 / 04 / 08 01 SEWER OP -LIFT STATIONS 52 - 000 - 62 - 00 - 5435 07 /22 / 08 651 . 94 ELECTRICITY INVOICE TOTAL : 651 . 94 P7 DATE : 07 / 16/ 08 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 4475093053 - 0608 06 / 30 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 07 /22 / 08 77 . 20 ELECTRICITY INVOICE TOTAL : 77 . 20 4637141036 - 0608 06 /27 / 08 01 WATER OP- 2921 BRISTOL RIDGE RD 51 - 000 - 62 - 00 - 5435 07 /22 / 06 1 , 603 . 04 ELECTRICITY INVOICE TOTAL : 1 , 603 . 04 5031044028 - 0608 06 /27 / 08 01 WATER OP -WELL 7 51 - 000 - 62 - 00 - 5435 07/22 / 08 2 , 356 . 65 ELECTRICITY INVOICE TOTAL : 2 , 356 . 65 5523132028 - 0606 06 / 17 / 08 01 WATER OP -WELL 51 - 000 - 62 - 00 - 5435 07 /22 / 08 1 , 626 . 61 ELECTRICITY INVOICE TOTAL : 1 , 626 . 61 66190 - 27011 - 0708 07 / 03 / 08 01 STREETS - PR BUILDINGS 01 - 410 - 62 - 00 - 5435 07 /22 / 08 981 . 60 ELECTRICITY INVOICE TOTAL : 981 . 60 VENDOR TOTAL : 10 , 840 . 87 CONFOUND CONSERVATION FOUNDATION 823 05 / 31/ 08 01 COMM/DEV- 1 YEAR AUX SABLE 01 - 220 - 62 - 00 - 5401 07 /22 / 06 3 , 500 . 00 CONTRACTUAL SERVICES 02 CREEK PROJECT * * COMMENT * * INVOICE TOTAL : 3 , 500 . 00 VENDOR TOTAL : 3 , 500 . 00 DEPO DEPO COURT REPORTING SVC , INC 13535 07 / 07 / 08 01 ARO - DTD INVESTMENTS 01 - 000 - 13 - 00 - 1372 07 /22 / 08 324 . 70 A/R- OTHER INVOICE TOTAL : 324 . 70 P8 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT DEPO DEPO COURT REPORTING SVC , INC 13536 07 / 08 / 08 01 ARO - HRM PROPERTIES , CROSS 01 - 000 - 13 - 00 - 1372 07 /22 / 08 564 . 55 A/R- OTHER 02 LUTHERAN CHURCH * * COMMENT * * INVOICE TOTAL : 564 . 55 VENDOR TOTAL : 889 . 25 EEI ENGINEERING ENTERPRISES , INC . 43804 06/ 24 / 08 01 ENG - IEPA PWS LOAN PROGRAM 01 - 150 - 62 - 00 - 5401 07 / 22 / 08 103 . 50 CONTRACTUAL SERVICES 02 DOCUMENTATION * * COMMENT * * INVOICE TOTAL : 103 . 50 43805 06 /24 / 08 01 WATER IMPROV- CONTRACT B . 3 - 51 - 200 - 61 - 00 - 5401 07 /22 / 08 111 . 70 B . 3 CONTRACTS 02 WELLS NO . 3 & 4 RAW WM & KING * * COMMENT * * 03 STREET WM * * COMMENT * * INVOICE TOTAL : 111 . 70 43806 06 / 24 / 08 01 ARO-GRANDE RESERVE MPI 01 - 000 - 13 - 00 - 1372 07/22 / 08 3 , 539 . 25 A/R- OTHER INVOICE TOTAL : 3 , 539 . 25 43807 06 / 24 / 08 01 ARO- BRISTOL BAY 01 - 000 - 13 - 00 - 1372 07 / 22 / 08 1 , 375 . 50 A/R- OTHER INVOICE TOTAL : 1 , 375 . 50 43808 06 / 24 / 08 01 ARO-ASPEN RIDGE 01 - 000 - 13 - 00 - 1372 07 /22 / 08 237 . 00 A/R- OTHER INVOICE TOTAL : 237 . 00 43809 06 /24 / 08 01 ARO-LINCOLN PRAIRIE 01 - 000 - 13 - 00 - 1372 07 /22 / 08 115 . 50 A/R- OTHER INVOICE TOTAL : 115 . 50 P9 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT EEI ENGINEERING ENTERPRISES , INC . 43810 06/24 / 08 01 ARO- GRAND RESERVE PASQUINELLI 01 - 000 - 13 - 00 - 1372 07 /22 / 08 1 , 866 . 00 A/R- OTHER INVOICE TOTAL : 1 , 866 . 00 43811 06 / 24 / 08 01 ARO - RUSH COPLEY 01 - 000 - 13 - 00 - 1372 07 / 22 / 08 3 , 315 . 00 A/R- OTHER INVOICE TOTAL : 31315 . 00 43812 06 /24 / 08 01 ARO- COBBLESTONE COMMONS 01 - 000 - 13 - 00 - 1372 07 /22 / 08 681 . 00 A/R- OTHER INVOICE TOTAL : 681 . 00 43813 06 /24/ 08 01 COMM/DEV- COMED SHARED -USE 01 - 220 - 62 - 00 - 5401 07 / 22 / 08 3 , 717 . 75 CONTRACTUAL SERVICES 02 PATH * * COMMENT * * INVOICE TOTAL : 3 , 717 . 75 43814 06 / 24 / 08 01 WATER IMPROV- CONTRACT H . 1 - 51 - 000 - 62 - 00 - 5422 07 /22 / 08 826 . 00 WATER TOWER PAINTING 02 TOWER LANE EWST REHAB * * COMMENT * * INVOICE TOTAL : 826 . 00 43815 06/24 / 08 01 WATER IMPROV-WELL NO . 4 REHAB 51 - 000 - 62 - 00 - 5401 07 /22 / 08 121 . 50 CONTRACTUAL SERVICES INVOICE TOTAL : 121 . 50 43816 06/24/ 08 01 WATER IMPROV-WELL 3 EMERGENCY 51 - 000 - 62 - 00 - 5407 07 / 22 / 08 207 . 00 TREATMENT FACILITIES O&M 02 REHAB * * COMMENT * * INVOICE TOTAL : 207 . 00 43817 06 / 24 / 08 01 PW CAPITAL -YORKVILLE 21 - 000 - 75 - 00 - 7130 07 /22 / 08 974 . 44 FACILITY EXPANSION 02 SUBDIVISION PLAT * * COMMENT * * INVOICE TOTAL : 974 . 44 P10 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 11 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR N DATE # DESCRIPTION ACCOUNT k P . O . 4 DUE DATE ITEM AMT EEI ENGINEERING ENTERPRISES , INC . 43818 06 / 24 / 08 01 ENG -LAY - COM VS . THE UNITED 01 - 150 - 62 - 00 - 5401 07 / 22 / 08 1 , 405 . 50 CONTRACTUAL SERVICES 02 CITY OF YORKVILLE * * COMMENT * * INVOICE TOTAL : 1 , 405 . 50 43819 06 /24 / 08 01 ARO- CANNONBALL TRAIL 01 - 000 - 13 - 00 - 1372 07 /22 / 08 868 . 50 A/R- OTHER INVOICE TOTAL : 868 . 50 VENDOR TOTAL : 19 , 465 . 14 EXELON EXELON ENERGY 1462877 06 / 18 / 08 01 WATER OP-WELL 51 - 000 - 62 - 00 - 5435 07 /22 / 08 5 , 206 . 94 ELECTRICITY INVOICE TOTAL : 5 , 206 . 94 VENDOR TOTAL : 5 , 206 . 94 FEDEX FEDEX 2 - 775 - 64590 06 / 25 / 08 01 FINANCE - 5 PACKAGES 01 - 120 - 65 - 00 - 5808 07 / 22 / 08 131 . 75 POSTAGE & SHIPPING 02 ADMIN- 2 PACKAGES 01 - 110 - 65 - 00 - 5808 61 . 76 POSTAGE & SHIPPING 03 LANDFILL- 1 PACKAGE 01 - 000 - 13 - 00 - 1375 35 . 65 A/R- LANDFILL 04 COMM/DEV- 2 PACKAGES 01 - 220 - 65 - 00 - 5804 57 . 73 OPERATING SUPPLIES INVOICE TOTAL : 286 . 89 VENDOR TOTAL : 286 . 89 FIRST FIRST PLACE RENTAL 173000 06 / 30/ 08 01 WATER OP-AUGER BITS & 51 - 000 - 62 - 00 - 5434 07/22 / 08 232 . 88 RENTAL - EQUIPMENT P11 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT FIRST FIRST PLACE RENTAL 173000 06 / 30 / 08 02 ATTACHMENT * * COMMENT * * 07 / 22 / 08 INVOICE TOTAL : 232 . 88 VENDOR TOTAL : 232 . 88 FULTON FULTON TECHNOLOGIES U- 20080071 07 / 01 / 08 01 POLICE -AC POWER FAILURE REPAIR 01 - 210 - 62 - 00 - 5414 00304371 07 / 22 / 08 1 , 002 . 63 WEATHER WARNING SIREN MAIN INVOICE TOTAL : 1 , 002 . 63 VENDOR TOTAL : 1 , 002 . 63 FVTRADIN FOX VALLEY TRADING COMPANY 8889 06 / 13 / 08 01 POLICE - 50 CAPS 01 - 210 - 64 - 00 - 5613 07 /22 / 08 302 . 44 CITIZENS POLICE ACADEMY INVOICE TOTAL : 302 . 44 VENDOR TOTAL : 302 . 44 GALLS GALL ' S INC . 5946258400018 06/24 / 08 01 POLICE- FLASHLIGHT BATTERY PACK 01 - 210 - 62 - 00 - 5408 07 / 22 / 08 141 . 94 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 141 . 94 VENDOR TOTAL : 141 . 94 GROUND GROUND EFFECTS INC . 179001 06116108 01 STREETS -TOPSOIL 01 -410 - 65 - 00 - 5804 07 /22 / 08 37 . 38 OPERATING SUPPLIES INVOICE TOTAL : 37 . 38 VENDOR TOTAL : 37 . 38 GROWER GROWER EQUPMENT & SUPPLY CO . 38214 06 /30 / 08 01 PW CAPITAL -WHEEL TRACTOR , 21 - 000 - 75 - 00 - 7001 00204129 07/22 / 08 4 , 139 . 10 EQUIPMENT P12 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GROWER GROWER EQUPMENT & SUPPLY CO . 38214 06 /30/ 08 02 MOWER & SICKLE BAR * * COMMENT * * 00204129 07 /22 / 08 INVOICE TOTAL : 4 , 139 . 10 VENDOR TOTAL : 4 , 139 . 10 HARTIGAN MARGARET HARTIGAN 15 05 / 30 / 08 01 ADMIN- 05/ 30 / 08 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 07 / 22 / 08 113 . 75 CONTRACTUAL SERVICES INVOICE TOTAL : 113 . 75 16 06 /12 / 08 01 ADMIN- 06 / 12 / 08 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 07 /22 / 08 85 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 85 . 00 VENDOR TOTAL : 198 . 75 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 7463200 06 /25 / 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203966 07 /22 / 08 94 . 90 METERS & PARTS INVOICE TOTAL : 94 . 90 7465915 06 /27 / 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203966 07 /22 / 08 1 , 604 . 50 METERS & PARTS INVOICE TOTAL : 1 , 604 . 50 7465967 06 /27/ 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203966 07 / 22 / 08 7 , 796 . 66 METERS & PARTS INVOICE TOTAL : 71796 . 66 VENDOR TOTAL : 91496 . 06 HOMEDEPO HOME DEPOT 7055455 05 /23 / 08 01 STREETS -BULBS 01 - 410 - 62 - 00 - 5415 07 /22 / 08 14 . 98 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 14 . 98 VENDOR TOTAL : 14 . 98 P13 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ICCI INTERNATIONAL CODES 20080701 07 / 01/ 08 01 ADMIN- JUNE PERMITS 01 - 110 - 61 - 00 - 5314 07 / 22 / 08 8 , 738 . 20 BUILDING INSPECTIONS INVOICE TOTAL : 8 , 738 . 20 20080702 07 / 09 / 08 01 ADMIN -JULY PERMITS 01 - 110 - 61 - 00 - 5314 07 / 22 / 08 1 , 986 . 80 BUILDING INSPECTIONS INVOICE TOTAL : 1 , 986 . 80 VENDOR TOTAL : 10 , 725 . 00 ICE ICE MOUNTAIN OBF8105151347 07/ 03 / 08 01 POLICE -WATER 01 - 210 - 65 - 00 - 5804 07 /22 / 08 56 . 30 OPERATING SUPPLIES INVOICE TOTAL : 56 . 30 VENDOR TOTAL : 56 . 30 ILLEPA ILLINOIS ENVIRONMENTAL 3 06 /30/ 08 O1 WATER OP - PRINCIPAL PAYMENT 51 - 200 - 66 - 00 - 6041 07 / 22 / 08 28 , 974 . 32 IEPA L17 - 156300 PRINCIPAL 02 WATER OP - INTEREST PAYMENT 51 - 200 - 66 - 00 - 6042 16 , 906 . 32 IEPA L17 - 156300 INTEREST P INVOICE TOTAL : 45 , 880 . 64 VENDOR TOTAL : 45 , 880 . 64 ILMUNLEG ILLINOIS MUNICIPAL LEAGUE 071108 07/ 11 / 08 01 ADMIN- 15 IML CONFERENCE 01 - 110 - 64 - 00 - 5604 07 / 22 / 08 1 , 650 . 00 TRAINING & CONFERENCES 02 REGISTRATIONS O $ 110 . 00 EACH * * COMMENT * * INVOICE TOTAL : 1 , 650 . 00 VENDOR TOTAL : 1 , 650 . 00 JEWEL JEWEL P14 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT JEWEL JEWEL 061808 - CITY 06 / 18 / 08 01 ADMIN -WATER , POP , PAPER TOWEL , 01 - 110 - 65 - 00 - 5804 07 / 22 / 08 46 . 24 OPERATING SUPPLIES 02 CREAMER , VINEGAR * * COMMENT * * INVOICE TOTAL : 46 . 24 061808 - PW 06 / 18 / 08 01 SEWER OP - FORKS , SUGAR , FILTERS 52 - 000 - 65 - 00 - 5802 07 /22 / 08 71 . 50 OFFICE SUPPLIES 02 SUGAR , COFFEE * * COMMENT * * INVOICE TOTAL : 71 . 50 062508 - PD 07 / 09 / 08 01 POLICE -WATER, CHIPS , JUICE , 01 - 210 - 64 - 00 - 5606 07 /22 / 08 80 . 90 COMMUNITY RELATIONS 02 ICE , * * COMMENT * * INVOICE TOTAL : 80 . 90 VENDOR TOTAL : 198 . 64 JIMSTRCK JAMES GRIBBLE 6015 - 08 06 / 30 / 08 01 STREETS -TRUCK INSPECTIONS 01 - 410 - 61 - 00 - 5314 07 / 22 / 08 40 . 00 INSPECTIONS & LICENSES INVOICE TOTAL : 40 . 00 VENDOR TOTAL : 40 . 00 JSHOES J ' S SHOE REPAIR 0424 - 28 07 / 08 / 08 01 WATER OP- 2 PAIRS BOOTS 51 - 000 - 62 - 00 - 5421 00203969 07 / 22 / 08 247 . 00 WEARING APPAREL INVOICE TOTAL : 247 . 00 VENDOR TOTAL : 247 . 00 KDRCUSTC KDR CUSTOM CABINETRY COMPANY 8796 06 /28 / 08 01 MUNICIPAL BLDG- COUNTER TOP 16 - 000 - 75 - 00 - 7200 00204130 07 /22 / 08 1 , 325 . 00 BLDG IMPROV- BEEHCER/RIVFR P15 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT KDRCUSTC KDR CUSTOM CABINETRY COMPANY 8796 06 /28 / 08 02 REPLACEMENT * * COMMENT * * 00204130 07/ 22 / 08 INVOICE TOTAL : 1 , 325 . 00 VENDOR TOTAL : 1 , 325 . 00 KENPRINT ANNETTE M . POWELL 16349 06 /27 / 08 01 ADMIN- 500 BUSINESS CARDS , 3 01 - 110 - 65 - 00 - 5804 07 /22 / 08 54 . 50 OPERATING SUPPLIES 02 NAME PLATES * * COMMENT * * INVOICE TOTAL : 54 . 50 VENDOR TOTAL : 54 . 50 LAWNFIRM JAMIE P . & JEANNE M . KELLER 4888 06/27 / 08 01 FOX HILL SSA- LANDSCAPING 11 - 000 - 65 - 00 - 5416 07/22 / 08 650 . 00 MAINTENANCE COMMON GROUNDS 02 SERVICE * * COMMENT * * INVOICE TOTAL : 650 . 00 VENDOR TOTAL : 650 . 00 MARTIMPL MARTIN IMPLEMENT SALES , INC . P36095 06 / 11/ 08 01 STREETS - BLADE , COTTER PINS 01 - 410 - 62 - 00 - 5408 07 /22 / 08 137 . 24 MAINTENANCE-EQUIPMENT INVOICE TOTAL : 137 . 24 VENDOR TOTAL : 137 . 24 MCDOWELL MCDOWELL TRUCK PARTS , INC . 152892 06 /26 / 08 01 STREETS - V CLAMP 01 - 410 - 62 - 00 - 5409 07 / 22 / 08 24 . 04 MAINTENANCE -VEHICLES INVOICE TOTAL : 24 . 04 VENDOR TOTAL : 24 . 04 MENLAND MENARDS - YORKVILLE P16 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 41557 06 /23 / 08 01 WATER OP-TANK LEVER 51 - 000 - 65 - 00 - 5804 07 /22 / 06 14 . 98 OPERATING SUPPLIES INVOICE TOTAL : 14 . 98 42056 06 /25 / 08 01 WATER OP -DUSTER , PROTECTANT 51 - 000 - 65 - 00 - 5804 07 /22 / 08 9 . 73 OPERATING SUPPLIES INVOICE TOTAL : 9 . 73 42553 06 /27 / 08 01 STREETS -MORTAR MIX 01 -410 - 65 - 00 - 5804 07 /22 / 08 5 . 99 OPERATING SUPPLIES INVOICE TOTAL : 5 . 99 43252 06/ 30 / 08 01 STREETS -BAG STRAINER 01 - 410 - 65 - 00 - 5804 07 /22 / 08 11 . 98 OPERATING SUPPLIES INVOICE TOTAL : 11 . 98 43272 - 08 06 / 30/ 08 01 WATER OP -GLOVES 51 - 000 - 65 - 00 - 5804 07/22 / 08 24 . 99 OPERATING SUPPLIES INVOICE TOTAL : 24 . 99 43358 06 / 30 / 08 01 WATER OP- PRIMER, COUPLING , 51 - 000 - 65 - 00 - 5804 07 / 22 / 08 23 . 94 OPERATING SUPPLIES 02 ELBOWS , PIPE , HACKSAW BLADES , * * COMMENT * * 03 CAULK * * COMMENT * * INVOICE TOTAL : 23 . 94 43374 06 /30 / 08 01 WATER OP - PIPE , SAND CLOTH , 51 - 000 - 65 - 00 - 5804 07 / 22 / 08 4 . 48 OPERATING SUPPLIES 02 ELBOWS , COUPLING * * COMMENT * * INVOICE TOTAL : 4 . 48 VENDOR TOTAL : 96 . 09 MJELECT MJ ELECTRICAL SUPPLY , INC . 1099594 - 01 06 /21/ 08 01 STREETS -FUSES 01 -410 - 62 - 00 - 5415 07 /22 / 08 299 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 299 . 00 P17 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 _ WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MJELECT MJ ELECTRICAL SUPPLY , INC . 1099664 - 00 06 / 21/ 08 01 STREETS -BULBS 01 - 410 - 62 - 00 - 5415 07/ 22 / 08 162 . 00 MAINTENANCE - STREET LIGHTS INVOICE TOTAL : 162 . 00 VENDOR TOTAL : 461 . 00 MONTRK MONROE TRUCK EQUIPMENT 273449 06 / 30 / 08 01 STREETS -VALVE , SEAL KIT 01 - 410 - 62 - 00 - 5408 07 /22 / 08 15 . 34 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 15 . 34 VENDOR TOTAL : 15 . 34 MOTTS STACEY L . MOTT 070808 07/ 08 / 08 01 POLICE -MEAL & TOLL 01 - 210 - 64 - 00 - 5605 07 /22 / 08 21 . 80 TRAVEL EXPENSES 02 REIMBURSEMENT * * COMMENT * * INVOICE TOTAL : 21 . 80 VENDOR TOTAL : 21 . 80 NELSON NELSON ENTERPRISES , INC . 9162 - 0003 06 / 30 / 08 01 COMM RELATIONS - RADIO 01 - 130 - 62 - 00 - 5401 07 /22 / 08 490 . 00 CONTRACTUAL SERVICES 02 ADVERTISING * * COMMENT * * INVOICE TOTAL : 490 . 00 VENDOR TOTAL : 490 . 00 NEXTEL NEXTEL COMMUNICATIONS 837900513 - 076 05 / 18 / 08 01 ADMIN-MONTHLY CHARGES 01 - 110 - 62 - 00 - 5438 07 /22 / 08 241 . 65 CELLULAR TELEPHONE 02 ADMIN- 1 CAR CHARGER 01 - 110 - 62 - 00 - 5438 34 . 99 CELLULAR TELEPHONE P18 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NEXTEL NEXTEL COMMUNICATIONS 837900513 - 076 05 / 18 / 08 03 COMM/DEV- MONTHLY CHARGES 01 - 220 - 62 - 00 - 5438 07 / 22 / 08 120 . 65 CELULAR TELEPHONE 04 ENG- MONTHLY CHARGES 01 - 150 - 62 - 00 - 5438 282 - 32 CELLULAR TELEPHONE 05 ENG- 1 BATTERY 01 - 150 - 62 - 00 - 5438 35 . 99 CELLULAR TELEPHONE 06 FINANCE-MONTHLY CHARGES 01 - 120 - 62 - 00 - 5438 80 . 66 CELLULAR TELEPHONE 07 FINANCE - REPLACEMENT I880 01 - 120 - 62 - 00 - 5438 99 . 99 CELLULAR TELEPHONE 08 POLICE -MONTHLY CHARGES 01 - 210 - 62 - 00 - 5438 1 , 375 . 94 CELLULAR TELEPHONE 09 POLICE -NEW I570 01 - 210 - 62 - 00 - 5438 69 . 99 CELLULAR TELEPHONE 10 SEWER OP -MONTHLY CHARGES 52 - 000 - 62 - 00 - 5438 121 . 00 CELLULAR TELEPHONE 11 WATER OP -MONTHLY CHARGES 51 - 000 - 62 - 00 - 5438 322 . 65 CELLULAR TELEPHONE 12 WATER OP- 1 BATTERY 51 - 000 - 62 - 00 - 5438 39 . 99 CELLULAR TELEPHONE 13 STREETS -MONTHLY CHARGES 01 - 410 - 62 - 00 - 5438 242 . 00 CELLULAR TELEPHONE INVOICE TOTAL : 3 , 067 . 82 VENDOR TOTAL : 3 , 067 . 82 NICOR NICOR GAS 15 - 41 - 50 - 1000 6 - 0708 07 / 07 / 08 01 ADMIN- 804 GAME FARM RD 01 - 110 - 78 - 00 - 9002 07 / 22 / 08 60 . 16 NICOR GAS INVOICE TOTAL : 60 . 16 15 - 64 - 61 - 3532 5 - 0708 07 / 07 / 08 01 ADMIN- 1991 CANNONBALL TRAIL 01 - 110 - 78 - 00 - 9002 07 /22 / 08 28 . 85 NICOR GAS INVOICE TOTAL : 28 . 85 P19 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 20 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NICOR NICOR GAS 20 - 52 - 56 - 2042 1 - 0708 07 / 08 / 08 01 ADMIN -420 FAIRHAVEN 01 - 110 - 78 - 00 - 9002 07 /22 / 08 60 . 16 NICOR GAS INVOICE TOTAL : 60 . 16 23 - 45 - 91 -4862 5 - 0708 07 / 02 / 08 01 ADMIN- 101 BRUELL STREET 01 - 110 - 78 - 00 - 9002 07 / 22 / 08 72 . 92 NICOR GAS INVOICE TOTAL : 72 . 92 31 - 61 - 67 - 2493 1 - 0708 07 / 07 / 08 01 ADMIN- 276 WINDHAM CIRCLE 01 - 110 - 78 - 00 - 9002 07 / 22 / 08 27 . 93 NICOR GAS INVOICE TOTAL : 27 . 93 46 - 69 - 47 - 6727 1 - 0708 07 / 07 / 08 01 ADMIN- 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 07 /22 / 08 68 . 62 NICOR GAS INVOICE TOTAL : 68 . 62 49 - 25 - 61 - 1000 5 - 0708 07 / 01/ 08 01 ADMIN- 1 VAN EMMON RD 01 - 110 - 78 - 00 - 9002 07 /22 / 08 51 . 39 NICOR GAS INVOICE TOTAL : 51 . 39 66 - 70 - 44 - 6942 9 - 0708 07 / 08 / 08 01 ADMIN- 100 RAINTREE RD 01 - 110 - 78 - 00 - 9002 07 /22 / 08 74 . 90 NICOR GAS INVOICE TOTAL : 74 . 90 77 - 35 - 71 - 1000 4 - 0708 07 / 07/ 08 01 ADMIN- 131 E HYDRAULIC 01 - 110 - 78 - 00 - 9002 07 /22 / 08 38 . 08 NICOR GAS INVOICE TOTAL : 38 . 08 83 - 13 - 42 - 8369 2 - 0708 07 / 07/ 08 01 ADMIN- 1107 PRAIRIE LANE 01 - 110 - 78 - 00 - 9002 07 / 22 / 08 38 . 55 NICOR GAS INVOICE TOTAL : 38 . 55 VENDOR TOTAL : 521 . 56 OFFWORK OFFICE WORKS P20 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OFFWORK OFFICE WORKS 139320 06 /27/ 08 01 ENG - INK CARTRIDGE 01 - 150 - 65 - 00 - 5802 07 / 22 / 08 29 . 99 OFFICE SUPPLIES INVOICE TOTAL : 29 . 99 139348I 07 / 01 / 08 01 POLICE - POCKET FILE 01 - 210 - 65 - 00 - 5802 07 / 22 / 08 29 . 99 OFFICE SUPPLIES INVOICE TOTAL : 29 . 99 VENDOR TOTAL : 59 . 98 OHERROND RAY O ' HERRON COMPANY , INC . 0817972 - IN 06 /24 / 08 01 PD CAPITAL- FLASHERS , LIGHTS , 20 - 000 - 75 - 00 - 7006 07 / 22 / 08 639 . 95 CAR BUILD OUT 02 SIRENS , SPEAKER, CHARGER , * * COMMENT * * 03 BRACKET * * COMMENT * * INVOICE TOTAL : 639 . 95 0818292 - IN - 06/27 / 08 01 PD CAPITAL - LIGHTS , SIREN 20 - 000 - 75 - 00 - 7006 07/22 / 08 790 . 01 CAR BUILD OUT INVOICE TOTAL : 790 . 01 VENDOR TOTAL : 1 , 429 . 96 OHERRONO RAY O ' HERRON COMPANY 41953 06 / 23 / 08 01 POLICE - LOCK OUT TOOL 01 - 210 - 65 - 00 - 5804 07 /22 / 08 49 . 95 OPERATING SUPPLIES INVOICE TOTAL : 49 . 95 42446 06 / 29 / 08 01 POLICE - BODY ARMOR 01 - 210 - 62 - 00 - 5422 07 /22 / 08 604 . 84 COPS GRANT IV - VESTS INVOICE TOTAL : 604 . 84 42447 06 /29 / 08 01 POLICE - EASY PRY , EAR PLUGS 01 - 210 - 65 - 00 - 5804 07 /22 / 08 31 . 30 OPERATING SUPPLIES INVOICE TOTAL : 31 . 30 P21 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 12 : 36 : 01 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT OHERRONO RAY O ' HERRON COMPANY 42448 06 /29 / 08 01 POLICE -NAMEPLATE 01 - 210 - 62 - 00 - 5421 07 / 22 / 08 20 . 08 WEARING APPAREL INVOICE TOTAL : 20 . 08 VENDOR TOTAL : 706 . 17 PARADISE PARADISE CAR WASH 221316 07 / 01/ 08 01 POLICE - CAR WASHES 01 - 210 - 62 - 00 - 5409 07 / 22 / 08 74 . 55 MAINTENANCE - VEHICLES INVOICE TOTAL : 74 . 55 VENDOR TOTAL : 74 . 55 PATTEN PATTEN INDUSTRIES , INC . PM600147354 06 / 26 / 08 01 SEWER OP -GENERATOR REPAIR 52 - 000 - 62 - 00 - 5422 00204142 07 /22 / 08 1 , 352 . 68 LIFT STATION MAINTENANCE INVOICE TOTAL : 1 , 352 . 68 VENDOR TOTAL : 1 , 352 . 68 PITBOWRE PITNEY BOWES 070808 07 / 08 / 08 01 ADMIN- REFILL POSTAGE METER 01 - 110 - 65 - 00 - 5808 07 /22 / 08 3 , 000 . 00 POSTAGE & SHIPPING INVOICE TOTAL : 3 , 000 . 00 VENDOR TOTAL : 30000 . 00 PITNEYBO PITNEY BOWES INC 5500661645 06/ 20/ 08 01 ADMIN- RED INK CARTRIDGE 01 - 110 - 65 - 00 - 5804 07 /22 / 08 67 . 99 OPERATING SUPPLIES INVOICE TOTAL : 67 . 99 VENDOR TOTAL : 67 . 99 QUILL QUILL CORPORATION P22 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 23 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - QUILL QUILL CORPORATION 8290394 06 / 26 / 08 01 ADMIN- POST- ITS , CORRECTION 01 - 110 - 65 - 00 - 5802 07 / 22 / 08 361 . 34 OFFICE SUPPLIES 02 TAPE , PENS , BATTERIES , TONER , * * COMMENT * * 03 STAPLES * * COMMENT * * 04 FINANCE - CALCULATOR, ERASER, 01 - 120 - 65 - 00 - 5802 90 . 72 OFFICE SUPPLIES OS STAPLES * * COMMENT * * INVOICE TOTAL : 452 . 06 8292093 06 / 26 / 08 01 COMM/DEV- FOLDERS , BINDERS 01 - 220 - 65 - 00 - 5804 00102166 07 /22 / 08 153 . 61 OPERATING SUPPLIES INVOICE TOTAL : 153 . 61 VENDOR TOTAL : 605 . 67 R0000445 JOE YOUNGEN 070708 07/ 07 / 08 01 CITY WIDE CAPITAL - SIDEWALK 23 - 000 - 75 - 00 - 7103 07 /22 / 08 475 . 20 SIDEWALK REPLACEMENT 02 REPLACEMENT PROGRAM * * COMMENT * * INVOICE TOTAL : 475 . 20 VENDOR TOTAL : 475 . 20 R0000446 KYLENE LUTTRELL 062908 07/ 10 / 08 01 ADMIN-BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 07 /22 / 08 50 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 50 . 00 VENDOR TOTAL : 50 . 00 RATOSJ RATOS , JAMES 03302008 - 2 07/ 07 / 08 01 FINANCE - OCT 07 - MARCH 08 SALE 01 - 120 - 78 - 00 - 9003 07 /22 / 08 3 , 298 . 44 SALES TAX REBATE 02 TAX REBATE * * COMMENT * * INVOICE TOTAL : 3 , 298 . 44 VENDOR TOTAL : 3 , 298 . 44 P23 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SAFKLEEN SAFETY- KLEEN 0036587897 06/ 13 / 08 01 SEWER OP-WASHER SERVICE 52 - 000 - 62 - 00 - 5401 07 / 22 / 08 187 . 59 CONTRACTUAL SERVICES 02 SOLVENT * * COMMENT * * INVOICE TOTAL : 187 . 59 VENDOR TOTAL : 187 . 59 SECGROUP SEC GROUP , INC . 352254 05/ 15 / 08 01 MFT-GAME FARM RD . SOMONAUK ST 15 - 000 - 75 - 00 - 7106 07 /22 / 08 38 , 684 . 96 GAME FARM SURVEYING INVOICE TOTAL : 38 , 684 . 96 VENDOR TOTAL : 38 , 684 . 96 SEYFARTH SEYFARTH SHAW LLP 1489712 06 / 27/ 08 01 POLICE-LEGAL MATTER 01 - 210 - 61 - 00 - 5300 07 /22 / 08 830 . 25 LEGAL SERVICES 02 POLICE - LEGAL MATTER 01 - 210 - 64 - 00 - 5607 1 , 937 . 25 POLICE COMMISSION INVOICE TOTAL : 2 , 767 . 50 VENDOR TOTAL : 2 , 767 . 50 SHAWTENT SHAW TENT & AWNING 061908 06/ 19 / 08 01 COMM RELATIONS -TENT DEPOSIT 01 - 130 - 78 - 00 - 9013 00102168 07 /22 / 08 1 , 825 . 00 HOLIDAY UNDER THE STARS INVOICE TOTAL : 1 , 825 . 00 VENDOR TOTAL : 1 , 825 . 00 SHREDIT SHRED - IT 021278460 07 / 01/ 08 01 ADMIN- MONTHLY CHARGES 01 - 110 - 62 - 00 - 5401 07 /22 / 08 167 . 40 CONTRACTUAL SERVICES INVOICE TOTAL : 167 . 40 VENDOR TOTAL : 167 . 40 P24 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SIRCHIE SIRCHIE ACQUISITION COMPANY 0485152 - IN 06 /23 / 08 01 POLICE- FINGERPRINT SPRAY , 01 - 210 - 65 - 00 - 5803 00304368 07 / 22 / 08 156 . 87 EVIDENCE TECH SUPPLIES 02 EVIDENCE TAPE * * COMMENT * * INVOICE TOTAL : 156 . 87 VENDOR TOTAL : 156 . 87 STERLING STERLING CODIFIERS , INC . 8022 06 / 19 / 08 01 ADMIN- 3 CODE REPRINTS 01 - 110 - 61 - 00 - 5311 07 /22 / 08 328 . 00 CODIFICATION INVOICE TOTAL : 328 . 00 VENDOR TOTAL : 328 . 00 TAPCO TAPCO 297556 06/20/ 08 01 MFT- SPEED LIMIT SIGNS 15 - 000 - 75 - 00 - 7007 07 /22 / 08 153 . 68 SIGNS INVOICE TOTAL : 153 . 68 298106 06 / 30/ 08 01 MFT -NO PARKING SIGNS 15 - 000 - 75 - 00 - 7007 07 / 22 / 08 840 . 32 SIGNS INVOICE TOTAL : 840 . 32 VENDOR TOTAL : 994 . 00 THYSSEN THYSSENKRUPP ELEVATOR CORP 620960 07 / 01/ 08 01 MUNICIPAL BLDG - ELEVATOR 16 - 000 - 75 - 00 - 7204 07 / 22 / 08 497 . 96 BLDG MAINT - CITY HALL 02 MAINTENANCE * * COMMENT * * INVOICE TOTAL : 497 . 96 VENDOR TOTAL : 497 . 96 TINSTAR TIN STAR ELECTRONIC SERVICE 5557 06 / 13 / 08 01 POLICE-REPAIRED BAD SPEAKER 01 - 210 - 62 - 00 - 5409 07 / 22 / 08 99 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 99 . 00 P25 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT TINSTAR TIN STAR ELECTRONIC SERVICE 5567 06 / 13 / 08 01 POLICE- CAMERA REPAIR 01 - 210 - 62 - 00 - 5409 07 /22 / 08 67 . 50 MAINTENANCE - VEHICLES INVOICE TOTAL : 67 . 50 5591 05 / 22 / 08 01 POLICE- REPAIR ARROWSTICK 01 - 210 - 62 - 00 - 5409 07 /22 / 08 90 . 00 MAINTENANCE - VEHICLES 02 CONTROL * * COMMENT * * INVOICE TOTAL : 90 . 00 VENDOR TOTAL : 256 . 50 TRUMRIDG TRUMAN ' S RIDGE 071908 07 / 10 / 08 01 COM RELATIONS -BAND DEPOSIT 01 - 130 - 78 - 00 - 9010 07 /22 / 08 420 . 00 COMMUNITY EVENTS INVOICE TOTAL : 420 . 00 VENDOR TOTAL : 420 . 00 TUFFY TUFFY AUTO SERVICE CENTER 5633 06 / 24/ 08 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 07/ 22 / 06 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 5685 06 / 26 / 08 01 POLICE-OIL CHANGE 01 - 210 - 62 - 00 - 5409 07 / 22 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 5771 07 / 01/ 08 01 POLICE-OIL CHANGE 01 - 210 - 62 - 00 - 5409 07 /22 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 5790 07 / 02 / 06 01 POLICE -OIL CHANGE 01 - 210 - 62 - 00 - 5409 07 /22 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 P26 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 27 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - TUFFY TUFFY AUTO SERVICE CENTER 5817 07 / 03 / 08 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 07 / 22 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 - 95 VENDOR TOTAL : 129 . 75 ULTIMATE ULTIMATE OFFICE P100303801015 07 / 02 / 08 01 FINANCE - FILES 01 - 120 - 65 - 00 - 5802 07 /22 / 08 43 - 78 - OFFICE SUPPLIES INVOICE TOTAL : 43 . 78 VENDOR TOTAL : 43 . 78 UPPER UPPER CRUST CATERING INC 3673 07 / 11/ 08 01 ADMIN- LUNCH FOR APPRECIATION 01 - 110 - 78 - 00 - 9007 07 / 22 / 08 806 . 25 APPRECIATION DINNER 02 DINNER * * COMMENT * * INVOICE TOTAL : 806 . 25 VENDOR TOTAL : 806 . 25 UPS UNITED PARCEL SERVICE 00004296X2268 06 /28 / 08 01 ADMIN- 1 PACKAGE 01 - 110 - 65 - 00 - 5808 07 / 22 / 08 22 . 05 POSTAGE & SHIPPING 02 FINANCE - 1 PACKAGE 01 - 120 - 65 - 00 - 5808 46 . 88 POSTAGE & SHIPPING INVOICE TOTAL : 68 . 93 00004296X2278 07 / 05 / 08 01 ADMIN- 1 PACKAGE 01 - 110 - 65 - 00 - 5808 07 /22 / 08 15 . 49 POSTAGE & SHIPPING 02 POLICE - 1 PACKAGE 01 - 210 - 65 - 00 - 5808 12 . 47 POSTAGE & SHIPPING INVOICE TOTAL : 27 . 96 VENDOR TOTAL : 96 . 89 P27 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 28 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT USBANK U . S . BANK 070108 07 / 01/ 08 01 SEWER OP- INTEREST PAYMENT 52 - 200 - 66 - 00 - 6003 07 / 22 / 08 39 , 737 . 50 2003A IRBB INTEREST PMT - BR INVOICE TOTAL : 39 , 737 . 50 VENDOR TOTAL : 39 , 737 . 50 USBANKC US BANK 062508 - SSAGDR 07 / 07 / 06 01 TRUST & AGENCY-GRANDE RESERVE 95 - 000 - 78 - 00 - 9013 07 /22 / 08 38 , 913 . 04 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 38 , 913 . 04 062508 - SSAWDR 07 / 07 / 08 01 TRUST & AGENCY-WINDETTE RIDGE 95 - 000 - 78 - 00 - 9013 07 /22 / 08 11 , 667 . 70 SSA PAYMENTS TO TRUSTEES 02 SSA DISBURSEMENT * * COMMENT * * INVOICE TOTAL : 11 , 667 . 70 VENDOR TOTAL : 50 , 580 . 74 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0288370 06/ 25/ 08 01 HEALTH & SANITATION- JUNE 01 - 540 - 62 - 00 - 5442 07 / 22 / 08 93 , 098 . 11 GARBAGE SERVICES 02 SERVICE * * COMMENT * * INVOICE TOTAL : 93 , 098 . 11 VENDOR TOTAL : 93 , 098 . 11 VISA VISA 062408 - PD 06 / 24/ 08 01 POLICE - LUNCHES 01 - 210 - 64 - 00 - 5607 07 /22 / 08 57 . 25 POLICE COMMISSION 02 POLICE -MEALS 01 - 210 - 64 - 00 - 5605 77 . 15 TRAVEL EXPENSES 03 POLICE -GASOLINE 01 - 210 - 65 - 00 - 5812 39 . 50 GASOLINE P28 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 29 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT VISA VISA 062408 - PD 06 / 24 / 08 04 POLICE - SURVEYS , MEALS 01 - 210 - 64 - 00 - 5606 07 /22 / 08 128 . 75 COMMUNITY RELATIONS INVOICE TOTAL : 302 . 65 071008 - CITY 07 / 10/ 08 01 COMM RELATIONS - BUNTING BOARD , 01 - 130 - 78 - 00 - 9010 07 / 10 / 08 162 . 72 COMMUNITY EVENTS 02 CANDY * * COMMENT * * 03 FINANCE -DVD ' S , USB CABLE , 01 - 120 - 75 - 00 - 7002 227 - 86 COMPUTER EQUIP & SOFTWARE 04 WEBSITE , NETWORK SWITCHES * * COMMENT * * 05 ADMIN- SNACK TRAC JUNE 10 01 - 110 - 64 - 00 - 5605 23 . 07 TRAVEL/MEALS/LODGING 06 FINANCE -ORGANIZER BINDER 01 - 120 - 65 - 00 - 5802 41 . 64 OFFICE SUPPLIES 07 COMM/DEV-MECHANICS OF CODE 01 - 220 - 65 - 00 - 5814 49 . 00 BOOKS & MAPS 08 WRITING * * COMMENT * * 09 COMM/DEV- CHICAGO METRO MEETING 01 - 220 - 64 - 00 - 5604 155 . 00 TRAINING & CONFERENCES 10 LUNCH , CHICAGO CONFERENCE * * COMMENT * * 11 TRANSPORT * * COMMENT * * 12 ADMIN- PIZZA FOR MAY 27 CC 01 - 110 - 64 - 00 - 5605 31 . 93 TRAVEL/MEALS/LODGING INVOICE TOTAL : 691 . 22 VENDOR TOTAL : 993 . 87 WAREHOUS WAREHOUSE DIRECT 622111 - 0 06/ 27 / 08 01 ADMIN- LETTER OPENER 01 - 110 - 65 - 00 - 5802 07 /22 / 08 65 . 63 OFFICE SUPPLIES 02 FINANCE- LETTER OPENER 01 - 120 - 65 - 00 - 5802 65 . 63 OFFICE SUPPLIES INVOICE TOTAL : 131 . 26 C608883 - 0 06 / 30/ 08 01 FINANCE -RETURN CREDIT 01 - 120 - 65 - 00 - 5802 07 / 22 / 08 - 79 . 51 OFFICE SUPPLIES INVOICE TOTAL : - 79 . 51 VENDOR TOTAL : 51 - 75 P29 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 30 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WELDSTAR WELDSTAR 01134567 06 / 26 / 08 01 SEWER OP - MUREX , CONTACT TUBE 52 - 000 - 65 - 00 - 5805 07 / 22 / 08 112 . 81 SHOP SUPPLIES INVOICE TOTAL : 112 . 81 VENDOR TOTAL : 112 . 81 WHOLTIRE WHOLESALE TIRE 124793 06 /27 / 08 01 POLICE- BRAKES & ROTORS 01 - 210 - 62 - 00 - 5409 07 / 22 / 08 183 . 30 MAINTENANCE - VEHICLES INVOICE TOTAL : 183 . 30 124811 06 / 30 / 08 01 POLICE - HEADLIGHT BULB 01 - 210 - 62 - 00 - 5409 07 / 22 / 08 10 . 09 MAINTENANCE - VEHICLES INVOICE TOTAL : 10 . 09 124812 06 / 30 / 08 01 POLICE -BATTERY 01 - 210 - 62 - 00 - 5409 07 /22 / 08 26 . 38 MAINTENANCE - VEHICLES INVOICE TOTAL : 26 . 38 124834 07 / 01 / 08 01 ENG- FRONT ROTORS & BRAKES 01 - 150 - 62 - 00 - 5409 07/ 22 / 08 90 . 00 MAINTENANCE -VEHICLES INVOICE TOTAL : 90 . 00 124886 07 / 07/ 08 01 POLICE -TIRE REPAIR 01 - 210 - 62 - 00 - 5409 07 /22 / 08 15 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 15 . 00 124900 07 / 07 / 08 01 POLICE- FAN & MOTOR ASSEMBLY 01 - 210 - 62 - 00 - 5409 07 /22 / 08 544 . 40 MAINTENANCE - VEHICLES INVOICE TOTAL : 544 . 40 124928 07 / 09 / 08 01 POLICE-TIRE MOUNT & BALANCE 01 - 210 - 62 - 00 - 5409 07 / 22 / 08 107 . 45 MAINTENANCE - VEHICLES INVOICE TOTAL : 107 . 45 VENDOR TOTAL : 976 . 62 P30 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 31 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 /22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WILDATRY WILDMAN , HARROLD , ALLEN & 376635 06 / 30/ 08 01 LANDFILL-LEGAL MATTERS 01 - 000 - 13 - 00 - 1375 07 /22 / 08 2 , 750 . 30 A/R- LANDFILL INVOICE TOTAL : 2 , 750 . 30 VENDOR TOTAL : 2 , 750 . 30 WINDCREK WINDING CREEK NURSERY , INC 143590 06 /27 / 08 01 WATER OP -TREES 51 - 000 - 65 - 00 - 5804 00203968 07 / 22 / 06 41558 . 00 OPERATING SUPPLIES INVOICE TOTAL : 41558 . 00 VENDOR TOTAL : 4 , 558 . 00 YORKACE YORKVILLE ACE & RADIO SHACK 119343 06 / 16 / 08 01 STREETS -ADAPTER PLATE , BOLT , 01 - 410 - 65 - 00 - 5804 07 / 22 / 08 7 . 43 OPERATING SUPPLIES 02 WASHER * * COMMENT * * INVOICE TOTAL : 7 . 43 119444 06 / 20/ 08 01 STREETS - FERTILIZER 01 - 410 - 65 - 00 - 5804 07 /22 / 08 15 . 99 OPERATING SUPPLIES INVOICE TOTAL : 15 . 99 119699 07 / 01/08 01 WATER OP- 12 LOCKS 51 - 000 - 65 - 00 - 5804 07 /22 / 08 179 . 88 OPERATING SUPPLIES INVOICE TOTAL : 179 . 88 VENDOR TOTAL : 203 . 30 YORKCPAA YORKVILLE CITIZENS POLICE 070908 07 / 09 /08 01 POLICE -HALF OF UNIFORM SHIRTS 01 - 210 - 64 - 00 - 5613 07 / 22 / 08 178 . 00 CITIZENS POLICE ACADEMY INVOICE TOTAL : 178 . 00 VENDOR TOTAL : 178 . 00 P31 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 32 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07 / 22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKGFPC YORKVILLE GENERAL FUND 072208 07 /22 / 08 01 ADMIN-JUICE BOXES , ICE 01 - 110 - 78 - 00 - 9007 07 / 22 / 08 28 . 12 APPRECIATION DINNER 02 ADMIN-BACKGROUND CHECK 01 - 000 - 44 - 00 - 4411 44 . 00 REIMBURSEMENTS - POLICE PROT 03 REFUND * * COMMENT * * 04 WATER OP-LIEN 51 - 000 - 65 - 00 - 5809 40 . 00 PRINTING & COPYING O5 FINANCE- COPY OF DEED 01 - 120 - 65 - 00 - 5802 2 . 00 OFFICE SUPPLIES 06 ENG - PLAT OF EASEMENT 01 - 150 - 65 - 00 - 5809 5 . 00 PRINTING & COPYING 07 COMM/DEV- COURT COPIES 01 - 220 - 65 - 00 - 5810 14 . 00 PUBLISHING & ADVERTISING INVOICE TOTAL : 133 . 12 VENDOR TOTAL : 133 . 12 YORKLIBR YORKVILLE PUBLIC LIBRARY 062508 - BOND 07 / 07/ 08 01 ADMIN- BOND & INTEREST TAX 01 - 000 - 25 - 00 - 2582 07 /22 / 08 34 , 883 . 30 INTERFUND LIBRARY 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 34 , 883 . 30 062508 - RETAX 07 / 07 / 08 01 ADMIN- REAL ESTATE TAX 01 - 000 - 25 - 00 - 2582 07 / 22 / 08 49 , 024 . 56 INTERFUND LIBRARY 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 49 , 024 . 56 070808 - PPRT 07 / 10 / 08 01 ADMIN-JULY PERT LIBRARY 01 - 000 - 40 - 00 - 4010 07 / 22 / 08 935 . 50 PERSONAL PROPERTY TAX 02 TRANSFER * * COMMENT * * INVOICE TOTAL : 935 . 50 VENDOR TOTAL : 84 , 843 . 36 YORKNAPA YORKVILLE NAPA AUTO PARTS P32 DATE : 07 / 16 / 08 UNITED CITY OF YORKVILLE PAGE : 33 TIME : 12 : 36 : 02 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 07/22 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - O - # DUE DATE ITEM AMT YORKNAPA YORKVILLE NAPA AUTO PARTS 839965 06 / 09 / 08 01 POLICE- FLOOR JACK 01 - 210 - 65 - 00 - 5804 07 / 22 / 08 239 . 00 OPERATING SUPPLIES INVOICE TOTAL : 239 . 00 841861 06 /25 / 08 01 WATER OP- BULB 51 - 000 - 62 - 00 - 5409 07 / 22 / 08 1 . 83 MAINTENANCE -VEHICLES INVOICE TOTAL : 1 . 83 VENDOR TOTAL : 240 . 83 YORKPDPC YORKVILLE POLICE DEPT . 070908 07 / 09/ 08 01 ADMIN-LIQUOR & SOLICITOR 01 - 110 - 65 - 00 - 5804 07 / 22 / 08 98 - 50 OPERATING SUPPLIES 02 BACKGROUND CHECKS * * COMMENT * * 03 POLICE-OPERATION PUSH MEETING 01 - 210 - 64 - 00 - 5605 56 . 95 TRAVEL EXPENSES 04 LUNCHEON * * COMMENT * * INVOICE TOTAL : 155 . 45 VENDOR TOTAL : 155 - 45 YORKPDPN YORKVILLE POLICE PENSION FUND 062508 -RETAX 07 / 07/ 08 01 POLICE-REAL ESTATE TAX 01 - 210 - 72 - 00 - 6502 07 / 22 / 08 22 , 412 . 78 POLICE PENSION 02 DISTRIBUTION * * COMMENT * * INVOICE TOTAL : 22 , 412 - 78 VENDOR TOTAL : 22 , 412 . 78 YORKPOST YORKVILLE POSTMASTER 071008 07 / 10/ 08 01 WATER OP-WATER QUARTERLY 51 - 000 - 65 - 00 - 5808 00204139 07/22 / 08 1 , 267 . 42 POSTAGE & SHIPPING 02 REPORT POSTAGE * * COMMENT * * INVOICE TOTAL : 1 , 267 . 42 VENDOR TOTAL : 1 , 267 . 42 TOTAL ALL INVOICES : 727 , 138 . 61 P33 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 7/5/2008 REGULAR OVERTIME TOTAL IMRF S. SECURITY TOTALS ADMINISTRATION $ 18,841 .82 $0.00 $ 18,841 .82 $ 1 ,447.95 $17432. 51 $217722.28 FINANCE $ 12,993. 11 $0. 00 $ 12 , 993. 11 $ 1 , 010.87 $965. 55 $ 14,969. 53 COMMUNITY REL. $2,934. 50 $0. 00 $2,934.50 $ 194 . 50 $224.49 $3 , 353.49 ENGINEERING $ 16,204. 14 $0.00 $ 16,204. 14 $ 19260.69 $ 1 ,222.76 $ 18,687. 59 POLICE $89,324.58 $47766.99 $94, 091 . 57 $632.53 $7, 155.27 $ 101 ,879.37 COMMUNITY DEV. $13,648.20 $0.00 $13,648.20 $ 1 ,061 .82 $1 , 038.34 $ 15 ,748 . 36 STREETS $ 10,607.31 $730.50 $ 11 , 337.81 $801 .79 $863.69 $ 13,003.29 WATER $132064.95 $975.69 $ 14,040.64 $ 1 ,041 .94 $ 1 ,066. 81 $ 16, 149. 39 SEWER $5, 992.41 $236.21 $6,228.62 $484. 59 $470. 36 $7 , 183.57 PARKS $ 192421 .30 $301 .73 $ 19,723.03 $1 , 196.75 $ 1 ,508.84 $22 ,428.62 REC. CENTER $21896.95 $0. 00 $2,896.95 $77.65 $221 . 59 $3, 196 . 19 RECREATION $19,424.38 $0.00 $ 19,424. 38 $1 , 063.99 $1 ,485.08 $21 , 973.45 LIBRARY $15,604.07 $0. 00 $15,604. 07 $494.92 $ 1 , 193.72 $ 17,292.71 TOTALS $240,957.72 $7,011 . 12 $247, 968.84 $ 10,769.99 $ 18, 849.01 $277,587.84 TOTAL PAYROLL 7/5/2008 $277, 587. 84 INVOICES 7/22/2008 $727, 138 . 61 TOTAL DISBURSEMENTS $15004,726.45 P34 `,�f00 C/p` Reviewed By: Agenda Item Number 2 O J a T Legal ❑ �' C,y r r. �� 1836 Finance Es ❑ 1 Engineer ❑ Tracking Number -40 ��+G+ y City Administrator ❑ Consultant ❑ t ❑ � c aa�a-5� Agenda Item Summary Memo Title' Resolution regarding a Statement of Opposition to the Canadian National Railway Purchase of the EJ&E Meeting and Date: City Council 7/22/08 Synopsis: The Village of Plainfield is looking for other communites to provide a unified response to concerns related to the proposed acquisition of the EJ&E railroad. The attached resolution makes a statement of opposition to the proposed Canadian National Railway purchase of the EJ&E. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Approve resolution and authorize Mayor and City Clerk to execute. Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- STATEMENT OF REGIONAL OPPOSITION TO THE CANADIAN NATIONAL RAILWAY PURCHASE OF THE EJ&E WHEREAS, on October 30, 2007, the Canadian National Railway Corporation, along with its United States subsidiary, Grand Trunk Corporation (collectively, "CN") filed an application with the federal Surface Transportation Board ("STB") seeking approval to acquire the EJ&E West Company, a wholly owned subsidiary of the Elgin, Joliet and Eastern Railway Company (collectively, ` EJ&E"); and WHEREAS, regionally thousands upon thousands of people would be negatively impacted by the overwhelming increase of freight traffic CN plans to run on the EJ&E railroad based on its current projections as well as the traffic onslaught that would ensue with planned expansion of the Port of Prince Rupert, Canada; and WHEREAS, area communities are united in a concern that the negative community impacts on safety, traffic gridlock, property values and overall quality of life along the EJ&E created by this acquisition cannot now or ever be adequately resolved to accommodate transforming the EJ&E from the equivalent of a small country road into a rail freight "superhighway"; and WHEREAS, this purchase would further aggravate commuter gridlock into the future by precluding the use of the EJ&E for the planned Metra commuter rail Star Line; and WHEREAS, a business wishing to open or develop in an American community is required to be a good citizen and make infrastructure investment that integrates it into the community in which it is locating; and WHEREAS, the cost of fully mitigating the community problems CN would create through its operations on the EJ&E would run into the billions of dollars and CN has committed to shouldering only $30 to $40 million of these costs; and WHEREAS, it is not in the interest of American taxpayers — nor their obligation — to underwrite mitigation costs for a private business deal that benefits only a foreign corporation; and WHEREAS, we acknowledge that freight congestion in Chicago is a reality and that fixing this problem is a matter of careful planning followed by a commitment of substantial dollars to get the job done, and that this planning has already occurred through a project started a decade ago called CREATE. NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of Yorkville that: 1 . CREATE should be pursued as the regional solution for freight congestion; 2. If it chooses to pursue the acquisition of the EJ&E, then Canadian National Railway should be held to the same corporate community standards as Amercian businesses are held to in 2008; 3. Until the Canadian National Railway is willing to invest the dollars necessary to alleviate the problems it is creating in area communities, area communities will stand united in opposition to this transaction. 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 JOE PLOCHER WALLY 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 James A. Waldorf PRESIDENT Michelle Gibas VILLAGE CLERK TRUSTEES July 7, 2008 Jeffrey Dement Paul Fay Anton Graff Bill Lamb City Administrator Walter O. Manning United City of Yorkville James Racich 800 Game Farm Road Larry Vaupel Yorkville, IL 60560 SUBJECT: CANADIAN NATIONAL RAILWAY'S PROPOSED PURCHASE OF THE EJ&E RAILWAY Dear Mr. Graff: As you may have heard,the Canadian National Railway Corporation, along with its United States subsidiary, Grand Trunk Corporation(collectively, "CM') filed an application with the federal Surface Transportation Board ("STB") seeking approval to acquire the EJ&E West Company, a wholly owned subsidiary of the Elgin, Joliet and Eastern Railway Company (collectively, "EJ&E"). CN would like to use the EJ&E railway as a"bypass" around the congested rail hub and rail lines of the inner ring Chicago suburbs. As a result of the proposed sale and the resulting use of the rail line, CN estimates that over the next three years,rail traffic on the line will increase from an average of sixteen(16)trains per day currently to an average of forty-two (42)trains per day in the Village of Plainfield. CN also states their freight trains will run up to 10,000 feet in length. That means that one train could be nearly two miles in length! There are seventeen(17)roadway crossings of the EJ&E within the Village of Plainfield. This is four to five times more crossings than most other affected communities. Sixteen(16) of the crossings are at-grade crossings. A map of these crossings is enclosed. The Village has examined the possible impacts of the proposed sale of the EJ&E to CN. As a community located on the rail line, the Village has a number of serious concerns about the proposed acquisition which would have a significant impact on the Village and our residents' daily quality of life. But we also believe that this issue goes beyond Village boundaries and will have negative impacts on other units of government. Indeed, residents of neighboring jurisdictions that use our area roads for their commutes to and from work and school will be inconvenienced due to significant vehicle delays at railroad crossings in the Village of Plainfield. 7 In response to this issue, the Village has joined a group of other directly impacted communities, townships and counties that are working to present a unified response to voice concerns related to the proposed acquisition which is ultimately subject to the approval of the STB. This newly " formed group is called The Regional Answer to Canadian National ("TRAC"). TRAC has 3 joined with the Illinois Congressional Delegation to voice our concerns about the proposed transaction. TRAC has requested that each community member reach out to other affected units of government as well as neighboring communities that may be affected indirectly. s i 24401 W.Lockport Street Plainfield, IL 60544 Phone(815)436-7093 Fax(815)436-1950 Web www.plainfield-d.org July 7, 2008 Page 2 of 3 Our first responders, including Emergency Medical Services, Fire, Police and other critical care officials will be severely impacted as increased vehicle delays at multiple at-grade rail crossings may prevent timely service where minutes — even seconds can make the difference between life and death. Our local school districts will be impacted as elementary, middle and high school-aged children who walk, drive, ride the bus, or ride their bikes to school will need to contend with significant travel delays, thus affecting their daily schedules, which can ultimately have an adverse affect on the educational process. Hundreds of school buses cross the EJ&E railroad every day. Parents driving their children to school will be impacted as well. Other units of government, including park districts and library districts will be impacted as local residents will experience significant delays as they try to get to facilities for programs and services. Townships will be impacted as drivers may become frustrated at continual delays on area roadways. We can expect that roadways that are not currently used as main roads will see huge increases in traffic. The safety of children playing in those areas is a major concern to our communities. Residents of Plainfield's neighboring communities will be impacted indirectly. Due to the regional travel patterns of commuters who may use the state, county, and local roadways within Plainfield to reach area job destinations, our neighboring residents will experience significant vehicle delays at railroad crossings in the Village of Plainfield. These residents may increase traffic on their local roadways by attempting to avoid the traffic congestion in Plainfield. The impacts on safety, congestion, noise, home values, the environment, and the overall quality of life in our communities are central to our concerns and why we are confronting this issue head on. Going to school, shopping, accessing small businesses or getting to area hospitals all will be significantly impacted. The EJ&E line crosses many major arterial roads so even those citizens who are just passing through Plainfield for their daily commute will be negatively impacted. Your assistance is needed. We are requesting that all affected units of government and neighboring communities join with the Village of Plainfield to voice our individual and collective concerns on this issue. Please consider having your elected body adopt the attached resolution which was adopted by the Village of Plainfield. Feel free to modify the language in the resolution to suit your needs. We ask that you send a copy of your resolution and/or a letter of concern outlining your specific concerns to: The Honorable Anne K. Quinlan, Acting Secretary Surface Transportation Board 395 E. Street SW Washington, DC 20423-001 Please be sure to include the case number in the subject line of the letter: STB Finance Docket No. 35087 (Canadian National Railway Company and Grand Trunk Corporation — Control -EJ & E West Company). Also, please be sure to copy U.S. Representative Judy Biggert at the following address: Er cn D x w ° cn D x r, o GJ N CD `° o° N CD qQ �-y C] P- ° tlQ v C] rL O ti O CD + .w+ N �i V1 CL `� O N O CD M Cn CD O ° cn rA P q o ter, �y w � y a o f D y CD ��, h CD h7 ° rn M w v°� w < V+ CD p„ 5+ CD x cn ° .O O' O N O PL P- cn W O ° J rn », b� CD CD CM cr PO `O a W CfG et H+ CD cn rA tz to CD 0 C40 CD CD C h C O n M O W O' w a `7 M 'M .O-A R p O CD 00 O CD o r o 0 0 O O C CD O '+ N N O Qt:l Q CD CD CD ti QQ -. W w CC CD 8 E CD W CD rA o CD CD CD CD N. r N' W 0 N N. "~ (D O OM m O O RESOLUTION NO. 1564 STATEMENT OF REGIONAL OPPOSITION TO THE CANADIAN NATIONAL RAILWAY PURCHASE OF THE EJ&E WHEREAS, on October 30, 2007, the Canadian National Railway Corporation, along with its United States subsidiary, Grand Trunk Corporation (collectively, "CN'� filed an application with the federal Surface Transportation Board ("STB'� seeking approval to acquire the EJ&E West Company, a wholly owned subsidiary of the Elgin, Joliet and Eastern Railway Company (collectively, "EJ&E'�; and WHEREAS, the undersigned speaks for many communities made up of over (a million ? ) people who would be negatively impacted by the overwhelming increase of freight traffic CN plans to run on the EJ&E railroad based on its current projections as well as the traffic onslaught that would ensue with planned expansion of the Port of Prince Rupert, Canada; and WHEREAS, our communities are united in a concern that the negative community impacts on safety, traffic gridlock, property values and overall quality of life along the EJ&E created by this acquisition cannot now or ever be adequately resolved to accommodate transforming the EJ&E from the equivalent of a small country road into a rail freight "superhighway;" and WHEREAS, this purchase would further aggravate commuter gridlock into the future by precluding the use of the EJ&E for the planned Metra commuter rail Star Line; and WHEREAS, a business wishing to open or develop in an American community is required to be a good citizen and make infrastructure investment that integrates it into the community in which it is locating; and WHEREAS, the cost of fully mitigating the community problems CN would create through its operations on the EJ&E would mn into the billions of dollars and CN has committed to shouldering only $30 to $40 million of these costs; and WHEREAS, it is not in the interest of American taxpayers — nor their obligation -- to underwrite mitigation costs for a private business deal that benefits only a foreign corporation; and WHEREAS, we acknowledge that freight congestion in Chicago is a reality and that fixing this problem is a matter of careful planning followed by a commitment of substantial dollars to get the job done, and that this planning has already occurred through a project started a decade ago called CREATE. THEREFORE BE IT RESOLVED THAT: 1 . CREATE should be pursued as the regional solution for freight congestion; 2. If it chooses to pursue the acquisition of the EJ&E then Canadian National Railway should be held to the same corporate community standards as American businesses are held to in 2008; 3. Until the Canadian National Railway is willing to invest the dollars necessary to alleviate the problems it is creating in our communities, our communities will stand united in opposition to this transaction. APPROVED this 23rd day of June, 2008. LAGE PRESIDENT ATTES 2 VILLAGE CLERK iii ■ _I_ � _� __ __ ,-.,,:.,---�:.1;, ►,;:::,11,.:= ;:,:�sii,inwiicla rlP/:,.. /,I'�'1..I ....Yr .. � _— .♦s•: 'iai a/ux\\�_`=u:arr.:`��.��G^�?e.. -inn nnwn� iw�■ 1 .. �a n�•�;. 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PLAINPIELD ♦,fie o Cl,* Reviewed By: Agenda Item Number J� T Legal ❑ ; R EST. , = 7836 Finance F1 Engineer ❑ Tracking Number ,0- ��I n y City Administrator ❑ n �O Consultant ❑ <CE w\' F] Agenda Item Summary Memo Title: Request for Sponsorship—YMCA Silver Springs Summer Scamper Meeting and Date: City Council 7/22/08 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mayor Valerie Burd Name Agenda Item Notes: CIP k o� Memorandum EST. 1836 To: City Council From: Mayor Valerie Burd 0� fta p Date: July 18, 2008 LE do; = Subject: YMCA Sponsorship Request At the July 1631 Human Resources Commission, a sponsorship request from the YMCA was presented. The request was not granted as a motion was never made. This may be due in part to a form not being filled out properly. Because it is time sensitive and it is a worthy cause, council members may wish to consider this request so I put it on the agenda so that you would be aware of it. Attachment Fox galley Fan-&y YMCA We build strong kids, strong families, strong communities. June 14, 2008 Greetings! It is time once again for the 22nd annual Silver Springs Summer Scamper. This year we are continuing with our 5K, 1 OK & I Mile Fun Run! The Summer Scamper is a unique run held at Silver Spring State Park that is part road race, part cross country race. This year's event date will be Sunday, August 17th. The Surmner Scamper is a fundraiser benefiting our Strong Kids Campaign, which is a program scholarship fund for less fortunate families in your community. The event is always well attended, drawing runners from our local towns as well as runners from out of state. We're looking forward to this being the best yet! In order to make this event possible, we are asking for your help. We are looking to area business to help us out by snnnaorina the race with rACh donations rn cnv.°r the ;:n^ts �f T_�hirts, a..: rdp. nnA ,thr;r race snppFes. Sponsors are recognized by having their company name/logo printed on the back of the official race T-shirt, which will be great advertising when over 300 people are wearing your business name on their shirt. The larger amount you donate, the larger your logo will be on our shirt, so think big! Race T-shirt sponsors rates range from $ 100-$1000. Sponsors will also be listed in the local newspapers and recognized at the start line on race day. You will also receive a complimentary T-shirt post-race. In addition to cash sponsors, we are also looking for donations of door prizes and refreshments from local businesses. If you would like to put out information or advertise products connected with your business, you are welcome to come out to Silver Springs on August 17th at about 7:OOam to set up. You could offer literature or samples, or simply come out to cheer on the runners. We hope you will be able to support the Fox Valley Family YMCA Silver Springs Summer Scamper this year as we promote health and physical fitness. Join us as we serve our community! Please complete and return the form below, and if you have any questions, please contact Blake at the numbers listed below. Thank you for your time and generosity, z— L Blake Hafenrichter Race Director 630-552-4100 x224 bhafenrichter@foxvalleyymca.org Silver Springs Slimmer Scamper Sponsor Form) - Please Check (X) blanks that apply. Sponsor Name: Phone: Contact Person: _ $100 _ $150 _ $200 $250 _ $300 _ $500 _ $750 __ $ 1000 _ Other _ Door Prize T-Shirt Size — AS — AM — AL _ XL _ XXL Central Branch • 3875 Eldamain Road • Plano, IL 60545 • 630-552-4100 • 630-552-9623 West Branch • 707 S. Main Street • Sandwich, IL 60548 815-786-9998 815-786-2315 East Branch • Mill Road & Kennedy Road • Yorkville, IL 60560 Coming Summer 2009! www.foxvaue)rymca.org YMCA mission: To put Christian principles into practice through programs that build healthy spirit, mind, and body for all. CemmwNy PaihiW 0 C/p` Reviewed By: Agenda Item Number 2 a O Legal ❑ j '' V 4; esr. � leas Finance ❑ City Engineer El Tracking Number Administrator ❑ Sf cwly%a� O Consultant E] Parks and Recreation ❑ PW 2008-99 Agenda Item Summary Memo Title: City Council Adopt-a-Highway Clean Up Date Meeting and Date: City Council—July 22, 2008 Synopsis: Discussion of dates for City Council to perform clean up of Rt. 34 from Sycamore Road to Eldamain Road. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion of dates and times for clean up. Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: There are no projects that I am aware of in this area that would affect clean up. ®4�e,D Clr� Reviewed By: Agenda Item Number J s T Legal ❑ EDC #1 Finance ❑ EST. `, ;; 1636 Engineer ❑ Tracking Number O� I® f® ` y City Administrator ❑ Consultant ❑ PC 2008-13 CE rw Parks and Recreation F-1 Agenda Item Summary Memo Title: Cross Evangelical Lutheran Church Meeting and Date• City Council — July 22, 2008 Synopsis: Requesting approval of annexation agreement, annexation to city, and rezoning to PUD. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached ordinances. STATE OF ILLINOS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN ANNEXATION AGREEMENT WITH CROSS EVANGELICAL LUTHERAN CHURCH WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and Cross Evangelical Lutheran Church (the "Owner/Developer"), desire to enter into an Annexation Agreement (the "Agreement"), regarding property owned by the Owner/Developer at 7481 Mill Road which is approximately twenty-five (25) acres (the "Subject Property"); and, WHEREAS, the Subject Property is contiguous with the existing corporate limits of the City and is not within the boundary of any other city; and, WHEREAS, the Owner/Developer desires to annex the Subject Property to the city for the purposes of developing a church, daycare, community center facilities and related uses along with other business uses; and, WHEREAS, the Owner/Developer proposes that the Subject Property be zoned as a Planned Unit Development, pursuant to the provisions of the City Zoning Ordinance, with uses consistent with the R- 1 One-Family Residence District and B-3 Service Business District, which shall be achieved by the approval of a P.U.D. Zoning Ordinance to be passed concurrently with this ordinance; and, WHEREAS, pursuant to the terms of the Agreement, the Owner/Developer shall continue the existing church and child care use on the Subject Property, and shall be allowed to expand the church and child care facility upon that portion of the Subject Property zoned in the R-1 District to be consistent with the existing building and subject to final engineering approval by the City; and, WHEREAS, daycare is a special use under the City Zoning Ordinance, therefore, the Plan Commission is required to make specific findings; and, WHEREAS, a public hearing was conducted by the Plan Commission regarding the requested zoning and conceptual site plan on June 11 , 2008, which included the necessary findings for a special use regarding the daycare; and, WHEREAS, and the Mayor and City Council (the "Corporate Authorities") conducted a public hearing on the annexation agreement on July 22, 2008, and all notices required by law have been given by the City and Owner/Developer; and, WHEREAS, the Corporate Authorities have concluded that the approval and execution of the proposed Annexation Agreement, attached hereto, is in the best interests of the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section Z The attached Annexation Agreement is hereby approved, and, the Mayor and City Clerk are hereby authorized and directed to execute and deliver same. Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 i � STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, (Cross Evangelical Lutheran Church) WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, a written petition, signed by one hundred percent (100%) of the legal owners of record and no less than fifty-one percent (51 %) of the electors of all land within the territory hereinafter described, has been filed with the City Clerk requesting that said territory be annexed to the City; and, WHEREAS, there are no electors currently residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the City; and, WHEREAS, legal notices regarding the intentions of the City to annex said territory have been sent to all public bodies required to receive such notice by State statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder of Kendall County; and, WHEREAS, the legal owners of record of said territory and the City have entered into a valid and binding Annexation Agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terns of the Annexation Agreement and with the statutes of the State of Illinois, specifically Section 7-1 -8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interest of the City that the territory be annexed thereto. 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 territory legally described on Exhibit A and depicted on an accurate map on Exhibit B, both of which are attached and made a part of this Ordinance, is hereby annexed to the City. Section 3. The City Clerk is hereby directed to record and file a certified copy of this Ordinance with the County Recorder and the County Clerk. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of 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 Exhibit A Legal Description (see attached) 3 Exhibit B Map of Territory to be Annexed (see attached) 4 I � STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING OF CERTAIN PROPERTY TO A PLANNED UNIT DEVELOPMENT (Cross Evangelical Lutheran Chuch) WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City and Cross Evangelical Lutheran Church (the "Owner/Developer"), desire to enter into an Annexation Agreement (the "Agreement"), which shall be approved concurrently with this ordinance, whereby the Owner/Developer shall develop certain property at 7481 Mill Road which is approximately twenty-five (25) acres (the "Subject Property"), a legal description of which is hereby attached and incorporated hereto as Exhibit A, and shall be annexed to the city for the purposes of developing a church, daycare, community center facilities and related uses along with other business uses; and, WHEREAS, the Owner/Developer proposes that the Subject Property be zoned as a Planned Unit Development (the "PUD"), pursuant to the provisions of the City Zoning Ordinance, with uses consistent with the R- 1 One-Family Residence District and B-3 Service Business District; and, WHEREAS, the Owner/Developer submitted a Concept Plan to the City requesting PUD zoning, which has two land use components, a commercial component at the southwest corner of the parcel and a public/quasi public land use component for the remaining parcel; and, WHEREAS, while the overall Concept Plan is not entirely consistent with the Comprehensive Plan land use recommendation due to the commercial component of the development, the zoning classifications identified within the proposed PUD are consistent with the surrounding properties' current zoning; and, WHEREAS, design guidelines from the 2005 Comprehensive Plan shall be considered for this development, particularly focusing on one architectural style to serve as a cohesive element, which shall be residential in character and reflective of the surrounding neighborhood's architectural style; and, WHEREAS, as part of the PUD, the Owner/Developer shall grant a ten foot (10') wide trail and water main easement along the northern portion of the Subject Property, which is provided for in the Agreement; and, WHEREAS, pursuant to the terms of the Agreement, the Owner/Developer shall continue the existing church and child care use on the Subject Property, and shall be allowed to expand the church and child care facility upon that portion of the Subject Property zoned in the R-1 District to be consistent with the existing building and subject to final engineering approval by the City, and, WHEREAS, a public hearing was conducted by the Plan Commission regarding the requested zoning and conceptual site plan on June 11 , 2008, and the Plan Commission recommended the rezoning of the Subject Property to PUD Zoning; and, WHEREAS, all notices required by law have been given by the City and Owner/Developer; and, WHEREAS, the Corporate Authorities have concluded that rezoning the Subject Property to PUD Zoning is in the best interests of the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section I. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Subject Property is hereby rezoned as a PUD, and the zoning map of the City shall be modified to reflect such. Section 3. The Concept Plan for the Subject Property, which is attached and incorporated hereto as Exhibit B, is hereby approved. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 Exhibit A Legal Description of Subject Property (see attached) 3 Exhibit B Concept Plan (see attached) 4 0 C/p` Reviewed By: Agenda Item Number O R > T Legal ❑ i_i )C- "- Finance ❑ EST. , 1836 Engineer ❑ 4 �� City Administrator F-1 Tracking Number �x �O Consultant ❑ PC 2008-11 Parks and Recreation ❑ Agenda Item Summary Memo Title: HRM Properties &Development, LLC Meeting and Date• City Council-July 22, 2008 Synopsis: Requesting approval of amended PUD/annexation agreement and rezoning to PUD. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached ordinances. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE FIRST AMENDMENT TO THE HRM PROPERTIES PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, the City entered into a Planned Unit Development and Annexation Agreement with Old Kent Bank, successor Trustee to Merchants National Bank of Aurora, as Trustee under Trust #5085 (the "Original Trustee") and Arthur Sheridan (the "Original Owner") and Courthouse Square, L.L.C. (the "Original Developer"), dated August 10, 2000 (the "Agreement"); and, WHEREAS, the Original Trustee, the Original Owner, and the Original Developer subsequently assigned their rights in the Agreement to the First National Bank of Ottawa as Trustee under Trust #2466 and as "Owner," and HRM Properties and Development, LLC as "Developer;" and, WHEREAS, the City and Owner and Developer now desire to amend the Agreement which will indicate the zoning of the subject property to be Planned Unit Development ("PUD") Zoning, and an ordinance approving PUD Zoning will be passed concurrently with this ordinance; and, WHEREAS, the amendment to the Agreement will also increase the amount of commercial space with the proposed end users being a bank, gas station, day care center, and retail space with a drive thru business; and, WHEREAS, the amendment will permit special uses for the gasoline service station and the drive thru facilities; and, WHEREAS, a public hearing was conducted by the Plan Commission regarding the PUD amendment on June 11 , 2008; and, WHEREAS, the Mayor and City Council deem it necessary to approve the proposed First Amendment to the HRM Properties Planned Unit Development and Annexation Agreement, attached hereto, which is in the best interests of the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section Z The attached First Amendment to the HRM Properties Planned Unit Development and Annexation Agreement is hereby approved. 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 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING OF CERTAIN PROPERTY TO A PLANNED UNIT DEVELOPMENT (HRM Properties and Development, LLC) 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 entered into a Planned Unit Development and Annexation Agreement with Old Kent Bank, successor Trustee to Merchants National Bank of Aurora, as Trustee under Trust #5085 (the "Original Trustee") and Arthur Sheridan (the "Original Owner") and Courthouse Square, L.L.C. (the "Original Developer"), dated August 10, 2000 (the "Agreement"); and, WHEREAS, the Original Trustee, the Original Owner, and the Original Developer subsequently assigned their rights in the Agreement to the First National Bank of Ottawa as Trustee under Trust #2466 and as "Owner," and HRM Properties and Development, LLC as "Developer;" and, WHEREAS, the Developer proposes that the subject property, a legal description of which is attached and incorporated hereto as Exhibit A, be zoned as a Planned Unit Development ("PUD"), pursuant to the provisions of the City Zoning Ordinance, and the Agreement will be amended concurrently with this ordinance which will indicate the zoning of the subject property to be PUD Zoning; and, WHEREAS, the Owner/Developer submitted a revised Site Plan to the City requesting PUD zoning; and, WHEREAS, a public hearing was conducted by the Plan Commission regarding the requested zoning and conceptual site plan on June 11 , 2008; and, WHEREAS, the Corporate Authorities have concluded that rezoning the Subject Property to PUD Zoning is in the best interests of the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated and made a part of this Ordinance. Section 2. The Subject Property is hereby rezoned as a PUD, and the zoning map of the City shall be modified to reflect such. Section 3. The Site Plan for the Subject Property, which is attached and incorporated hereto as Exhibit B, is hereby approved. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS BOB ALLEN Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of 2008. MAYOR 2 Exhibit A Legal Description of Subject Property (see attached) 3 Exhibit B Concept Plan (see attached) 4