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Public Works Packet 2008 05-19-08 United City of Yorkville 800 Game Farm Road EST 1 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553-7575 x. mv cwn ®� �IE AGENDA PUBLIC WORKS COMMITTEE MEETING Monday, May 19, 2008 6:00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: April 15 , 2008 Items Recommend for Consent Agenda: 1 . PW 2008-68 Water Department Report for March 2008 2. PW 2008-69 Water Department Report for April 2008 3 . PW 2008-70 McHugh Road Roadway Improvements — Bid Results 4. PW 2008-712008 Asphalt Surface Treatment — Bid Results 5 . PW 2008-72 2008 Crack Filling Project — Bid Results & MFT Appropriation Resolution 6. PW 2008-73 Van Emmon Water Service Transfers — Change Order # 1 7 . PW 2008-74 Kendall Marketplace — Temporary Entrance Permit Bond Release 8 . PW 2008-75 Kendall Marketplace — Offsite Storm Sewer Bond Release 9. PW 2008-76 Grande Reserve — Letter of Credit Expirations New Business: 1 . PW 2008-77 Quarterly Tool Inventory 2. PW 2008-78 Tower Lane Elevated Water Storage Tank Repair and Painting 3 . PW 2008-79 Petition for Private Well within City Limits Public Works Committee May 19, 2008 Page 2 New Business (con't) : 4. PW 2008-80 Wells 3 & 4 Treatment Facility — Certificate Regarding Operation & Maintenance 5 . PW 2008-81 Wolf Street Property 6. PW 2008-82 Summer Water Conservation Policy Old Business : Additional Business: UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Monday, May 19, 2008 6 :00 PM CITY CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: ............................------......-----.....................-..........-.....................-........... ------------------------ 1 . April 15, 2008 ❑ Approved ❑ As presented ❑ With changes --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: ................-...-Mm.........................---------..................----------------------------------- ------------------------- 1 . PW 2008-68 Water Department Report for March 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ---------------------------.................---------------------------------------------------------------------------------- --------- 2. PW 2008-69 Water Department Report for April 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2008-70 McHugh Road Roadway Improvements — Bid Results ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -------..........---..........--------------------------------------------------------------------------------------------------------- 4. PW 2008-712008 Asphalt Surface Treatment — Bid Results ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ------...........-------------------------------------------..............------------------------------------------------ ------------- 5. PW 2008-72 2008 Crack Filling Project — Bid Results & MFT Appropriation Resolution ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2008-73 Van Emmon Water Service Transfers — Change Order #1 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ---------------------................................---------------------------------------------------------------------------------- 7. PW 2008-74 Kendall Marketplace — Temporary Entrance Permit Bond Release ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ----------...........-..........................--------------------------------------------------------------------------------------- 8. PW 2008-75 Kendall Marketplace — Offsite Storm Sewer Bond Release ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2008-76 Grande Reserve — Letter of Credit Expirations ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: -- ------------- ---------------------------------------- ----------------------------------- -------------- ---------- 1 . PW 2008-77 Quarterly Tool Inventory ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2008-78 Tower Lane Elevated Water Storage Tank Repair and Painting ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2008-79 Petition for Private Well Within City Limits ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------......------------------------------------........................... ---------- 4. PW 2008-80 Wells 3 & 4 Treatment Facility — Certificate Regarding Operation & Maintenance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ------------------------------------------------------------.............-................................................... ---------- 5. PW 2008-81 Wolf Street Property ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2008-82 Summer Water Conservation Policy ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 2 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING TUESDAY, APRIL 15, 2008 6:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman City Administrator Brendan McLaughlin Alderman Joe Plocher Bart Olson Alderwoman Robyn Sutcliff City Engineer Joe Wywrot Public Works Director Eric Dhuse The meeting was called to order at 6:00 pm. by Joe Besco. Presentations: None. Minutes for Approval/Correction: March 18, 2008 — Approved as presented. New Business: 1 . PW 2008-59 Bid Results for Grande Reserve Shared-Use Path Improvements — This will move on to City Council on Consent Agenda. 2. PW 2008-60 Fox River Dam — Plat of Easement - This will move on to City Council on Consent Agenda. 3 . PW 2008-61 Yorkville Animal Care Center — IDOT Highway Permit & Resolution - This will move on to City Council on Consent Agenda. 4. PW 2008-62 2008 Crack Filling Project — MFT Appropriation Resolution - This will move on to City Council on Consent Agenda. 5. PW 2008-63 AT&T Easement at Grande Reserve Regional Park - This will move on to City Council on Consent Agenda. Items Recommended for Consent Agenda: 1 . PW 2008-64 Yorkville Market Square — Letter of Credit Expiration - This will move on to City Council on Consent Agenda. 2. PW 2008-65 Bristol Bay Unit 9 — Bond Reduction #1 - This will move on to City Council on Consent Agenda. 3 . PW 2008-66 Bristol Bay Unit 11 — Bond Reduction #1 - This will move on to City Council on Consent Agenda. Additional Business Alderwoman Sutcliff stated that the green committee is working on tree preservation. They will be counting the trees on city property. Alderwoman Sutcliff also stated that the next Public Works meeting falls on the day the City Council is supposed to have a joint meeting with Oswego. Page 2 of 2 Brendan McLaughlin asked about adding a staff report to the agenda for in the future. Joe Wywrot passed out information about an IDOT highway permit for Raging Waves water park. This will move on to City Council. Alderwoman Sutcliff asked about the fence that was supposed to be installed at Tuscan Plaza. Alderman Plocher said he has moved, and he is still within his ward. The meeting was adjourned at 6: 18 P.M. Minutes submitted by Laura Leppert United City of Yorkville Pw aUB b WATER DEPARTMENT REPORT MARCH 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 7,250,000 4 1393 542 188 0 7 1500 883 555 3,420,300 8 1500 861 475 36,000 9 1500 1125 578 28,186,000 TOTAL 38,892,300 CURRENT MONTH'S PUMPAGE IS 3,916,800 GALLONS MORE THAN LAST MONTH 1,241,000 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1,263,700 GALLONS DAILY MAXIMUM PUMPED: 2,247,200 GALLONS DAILY AVERAGE PER CAPITA USE: 105.3 GALLONS WATER TREATMENT CHLORINE FED: 1047 LBS. CALCULATED CONCENTRATION: 3.4 MG/L FLUORIDE FED: 574 LBS. CALCULATED CONCENTRATION: 0.32 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 7 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS MXU'S: 3 RESIDENTIAL: 39 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: COMMENTS Well #4 still out of service for maintenance. 0A if a United City of Yorkville h\t 3C)p,?>- (oq WATER DEPARTMENT REPORT E'd,D flln � w O APRIL 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FE FEET GALLONS 3 1335 501 204 4,689,000 4 1393 622 268 9,133,000 7 1500 883 556 5,486,200 8 1500 861 477 0 9 1500 1125 579 29,672,000 TOTAL 48,980,200 CURRENT MONTH'S PUMPAGE IS 10,087,900 GALLONS MORE THAN LAST MONTH 4.276,100 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1.527.900 GALLONS DAILY MAXIMUM PUMPED: 2,691,900 GALLONS DAILY AVERAGE PER CAPITA USE: 127.3 GALLONS WATER TREATMENT CHLORINE FED: 1038 LBS. CALCULATED CONCENTRATION: 36 MG/L FLUORIDE FED: 621 LBS. CALCULATED CONCENTRATION: 0.28 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.02 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 13 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS MXU'S: 13 RESIDENTIAL: 17 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: COMMENTS 4/11/08 Well #4 went back on line. Flushed eves fire hydrant in town 1400 Total. D C/py Reviewed By: Agenda Item Number J� e T Legal ❑ EST. 1l lass Finance ❑ ' \� Engineer � > Tracking Number City Administrator ❑ Consultant ❑❑ P W Joos- qc <ILE Agenda Item Summary Memo Title: McHugh Road Roadway Improvements—Bid Results Meeting and Date: May 20, 2008 Public Works Committee Synopsis: Recommend award to Aurora Blacktop, Inc. for the bid amount of$178,371.85. 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: 0 cl pr Memorandum EST. , d 1836 To: Brendan McLaughlin, City A4ministratVr From: Joe Wywrot, City Engineer p CC. Sue Mika,Finance Director � Lisa Pickering, Deputy City Clerk kE Date: May 7,2008 Subject: McHugh Road Roadway Improvements—Bid Results Bids were opened on May 7,2008 for the referenced project. This project consists of repaving of the roadway, curb repairs,and related work on McHugh Road, generally between Walnut Street and Spring Street. The following bids were received: Aurora Blacktop, Inc. $178,371.85 1065 Sard Ave. Montgomery,Illinois 60538 Abbey Paving Co., Inc. $202,569.03 2319 Diehl Road Aurora, Illinois 60502 "D" Construction $206,953.00 1488 S.Broadway Coal City,Illinois 60416 K-Five Construction $221,137.25 13769 Main Street Lemont, Illinois 60439 Meyer Paving, Inc. $223,832.05 50W363 II.Rt.64 Maple Park, Illinois 60151 U C Paving, Inc. $235,414.50 P.O. Box 508 Peru, Illinois 61354 Engineer's Estimate $237,891.00 Aurora Blacktop has constructed many of the roads in Yorkville over the years, and has consistently performed well. I recommend that the contract for construction of the McHugh Road Roadway Improvement project be awarded to Aurora Blacktop,Inc. for the bid amount of $178,371.85. Please place this item on the May 20,2008 Public Works Committee agenda for consideration. C/pr Reviewed By: Agenda Item Number J� a T Legal ❑ Finance ❑ esr 1836 1 I�` Engineer 15 D p�.. Tracking Number City Administrator ❑ Consultant ❑❑ Pw AuS _ r7 I <LE Agenda Item Summary Memo Title: 2008 Asphalt Surface Treatment—Bid Results Meeting and Date: May 20, 2008 Public Works Committee Synopsis: Recommend award to CAM, LLC for the bid amount of$47,005.10. 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: C1rr A Memorandum EST. 1 1836 To: Brendan McLaughlin, City 's ator �9 Is n From: Joe Wywrot, City Engineer CC: Sue Mika,Finance Director <LE Lisa Pickering,Deputy City Clerk Date: May 9, 2008 Subject: 2008 Asphalt Surface Treatment—Bid Results Bids were received on May 9,2008 at 11:00am for the above-referenced project. This work consists of applications of rejuvenating and preservative agents to bituminous pavements. The condition of the pavement determines the type of material used in the application. The objective is to keep good roads in good condition by replacing certain asphalt compounds that naturally diminish over time. Doing so increases the ability of the pavement to repel water and maintain its flexibility. This year we are planning to treat the city streets in Fox Hill Unit 7, Countryside Parkway(Rt.47—Center Parkway), Longford Lakes (including Marketplace Drive),Prairie Gardens,Fox Industrial Park, and Raintree Village Unit 1. The following bid was received: CAM,LLC $ 47,005.10 43W630 Wheeler Road Sugar Grove, Illinois 60564 Engineer's Estimate $ 47,540.50 CAM was our contractor for the last several years and has performed very well. This is specialty work and CAM(and their predecessor Boecker Road Maintenance) are the only contractors that have ever bid this project. Their pricing has been relatively stable over the years, even as asphalt prices have increased. I recommend that CAM,LLC be awarded the contract for this project for the amount of$47,005.10. Please place this item on the May 20, 2008 Public Works Committee agenda for consideration. Reviewed By: Agenda Item Number J� T Legal ❑ Finance EST. 1836 F-1 1 Engineer kk° Tracking Number City Administrator ❑ Consultant ❑ PW an? _ r7a ILE Agenda Item Summary Memo Title: 2008 Crack Filling Project—Bid Results & MFT Appropriation Resolution Meeting and Date: May 20, 2008 Public Works Committee Synopsis: Recommend contract award to SKC Construction, Inc. for the amount of $25,289.35. Recommend approval of MET appropriation resolution for the amount of$3000.00. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of award and approval of MFT appropriation resolution. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ( D C/rY p Memorandum Esr 1 ` �sas To: Brendan McLaughlin, City imstr for From: Joe Wywrot, City Engineer I� p� CC: Sue Mika,Finance Director LE `��,�'� Lisa Pickering, Deputy City Clerk Date: May 9,2008 Subject: 2008 Crack Filling Project-Bid Results&MFT Appropriation Resolution Bids were received on May 9,2008 for the referenced project. This project consists of routing and filling construction joints and random cracks in Fox Hill Unit 7,Countryside Parkway(Rt.47—Center Parkway),Longford Lakes(including Marketplace Drive),Prairie Gardens, Fox Industrial Park, and Raintree Village Unit 1. The following bids were received: SKC Construction,Inc. $25,289.35 P.O. Box 503 West Dundee, Illinois 60118 Fahmer Asphalt Sealers, Inc. $46,187.76 2800 Mecca Drive Plover, Wisconsin 54467 Engineer's Estimate $21,747.60 The low bidder, SKC Construction, Inc. has performed this work for the city for the past several years with good results.Based on the results of the bids,I recommend that we award the contract to SKC Construction,Inc. for the bid amount of$25,289.35. Recently the City Council passed an MFT appropriation resolution in the amount of$23,000 to fund this project. I recommend that the attached supplemental MFT appropriation resolution in the amount of$3,000 be approved to fund the difference. Please place this item on the Public Work Committee agenda of the May 20, 2008 for consideration. Supplemental Illinois Department Resolution for Maintenance of Of Tran Orta60n Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the City Council of the (Council or President and Board of Trustees) United City of Yorkville Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $3,000 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 1 , 2008 (Date) to April 30, 2009 (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at OttawaJ Illinois. I, Jacquelyn Milschewski Clerk in and for the United City (City, Town or Village) of Yorkville County of Kendall hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council at a meeting on (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Clerk (City, Town or Village) Approved Date Department of Transportation Regional Engineer Printed 5/9/2008 BLR 14230 (Rev. 11/06) Reviewed By: Agenda Item Number J� Legal ❑ ��;'� { Finance ❑, EST. � 1836 1 i Engneer g � � 1�4- Tracking Number City Administrator ❑ S1 min `�O Consultant ❑ PH/ <LE F] Agenda Item Summary Memo Title: Van Emmon Water Service Transfers—Change Order#1 Meeting and Date• May 19, 2008 Public Works Committee Synopsis: This change order is for final balancing of quantities. The net decrease would be $4,061.25. 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: `,�fo0 C/T6 ,? p� Memorandum EST � = 1836 To: Brendan McLaughlin, City administrator From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City rk� 2 <4E ��'y` Date: May 14,2008 Subject: Van Emmon Water Service Transfer Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order, in the amount of a$4,061.75 decrease, is the final balancing change order for the project. While the net change is relatively small,there were several work items that varied from the original estimated amounts. We were able to save about$6,400.00 due to reductions in the number of water services that were needed on the Long Side. The increases for the project totaled about$2,400.00. One additional water service was added on the south side of Van Emmon. The amount of trench backfill also increased by approximately 35% compared to the original plan quantity. I recommend that this change order be approved. Please place this item on the Public Works Committee agenda of May 19,2008 for consideration. UNITED CITY OF YORMLLE Project: Van Emmon Water Service Transfers Change Order No. 1 Contrac Bish Excavating Company Date: 16-Apr-08 Address 15029 US Hwy. 30 Hinckley, Minion; 60520 Awarded Adjusted Quantity Cost Item Quanti Quantity Difference Unit Unit Price Difference 1 Water Service Transfer 11 11 0 EA $1 ,220.00 $0.00 2 Water Service - Long Side 3 0 -3 EA $2,145.00 ($6,435.00) 3 Water Service - Short Side 11 12 1 EA $1 ,085.00 $1 ,085.00 4 B-Box cut in 3 3 0 EA $900.00 $0.00 5 Trench Backfll 150 201 .53 51.53 CY $25.00 $1,288.25 6 Watermain Abandonment 1 1 0 LS $3,000.00 $0.00 7 Traffic Control & Protection 1 1 0 LS $2,000.00 $0.00 Net Change ($_,�)4 061 .751 Previous Changes: $0.00 Total of Changes to Date: ($4,061 .75) Awarded Contract Amount: $43,240.00 Final Contract Amount: $39,178.25 Reason for Change: Final balance Recommend for Approval:_ Date: ll u ity of o ville Approved: Date: �� Bish xcava ing Company Approved: Date: City of Yorkville `Olk C/Ty Reviewed By: Agenda Item Number it J� OT Legal ❑ f, ii EST. , 1836 Finance ❑ 'd z Engineer �'� g �' j �° Tracking Number City Administrator ❑ Consultant o aw aoog - 741 <LE Agenda Item Summary Memo Title: Kendall Marketplace—Temporary Entrance Permit Bond Release Meeting and Date: May 20, 2008 Synopsis: Recommend that this bond in the amount of$2500.00 be released. IDOT has concurred with the release. 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: CIPk J= 9 o Memorandum EST. 1836 To: Brendan McLaughlin, City at From: Joe Wywrot, City Engineer 9 p CC. Lisa Pickering, Deputy City rrk <<E ��'y Date: April 28, 2008 Subject: Kendall Marketplace—Temporary Entrance Permit Bond Release St. Paul Traveler's Bond No.104666919 Attached find an email string from Jim Snyder of Harlem-Irving Companies and Dan Mestelle of IDOT regarding the release of the bond for the remaining temporary construction entrance permit for Kendall Marketplace. There were two temporary construction entrance permits issued by IDOT for this project. The bond for one of these was allowed to expire in December 2007 upon IDOT's concurrence. The remaining temporary entrance permit is located at the Rt.34Beecher Road entrance. Since the permanent roadway at that location is substantially complete, IDOT has concurred with the release of the temporary entrance bond. The bonds for the two remaining IDOT highway permits (for offsite storm sewer and for roadway improvements)will remain in place at this time. I recommend that St.Paul Traveler's Bond No.104666919 in the amount of$2500.00, established for IDOT Highway Permit No. 3-10531-06 be released in its entirety. Please place this item on the May 20,2008 Public Works Committee agenda for consideration. Fw: Kendall Marketplace-Bond reduction/release request Page 1 of 1 Joe Wywrot From: Jim Snyder[JSnyder @harlemirving.com] Sent: Thursday, April 24, 2008 8:35 AM To: Joe Wywrot Cc: Travis Miller Subject: Fw: Kendall Marketplace- Bond reduction/release request Joe, This is as much as we're going to get from IDOT. We respectfully request the release of the construction entrance bond and the off site storm sewer bond. Jim Snyder Project Manager Harlem Irving Companies,Inc. 4104 North Harlem Avenue Chicago,Illinois 60634-1298 (312)952-5535 cell (708)697-6719 office (773)625-0056 fax -----Original Message---- From:Bruce Schumacher<bruce @nfxllc.com> To:Jim Snyder Sent:Thu Apr 24 08:36:55 2008 Subject:FW:Kendall Marketplace-Bond reduction/release request Jim,maybe we should share this with Joe Wywrot? Bruce From:Mestelle,Dan L[mailto:Dan.Mes[elle @illinois.gov] Sent:Thursday,April 24,2008 7:47 AM To:Brace Schumacher Cc:Ballerini,Richard A Subject: RE:Kendall Marketplace-Bond reduction/release request The bond tied to the Temporary Construction Access Permit can be released if it has not been released already .The entrance has been removed and the bond is no longer needed. I do not have the authority to approve or disapprove the release of the bond associated with"off site storm sewer"since we are not a party to this bond. The bond the Department holds for the permit for work on US 34 and rL 47 will remain in force until we are assured an acceptable product has been placed. 4/29/2008 `!41 0 CIP Reviewed By: Agenda Item Number J� R ., T Legal ❑ Finance ❑, EST. � � 1836 ` E �ylu Engineer-�� g � � � Tracking Number City Administrator ❑ a� �O Consultant ❑ PVV QW8 _ LE ��?? ❑ Agenda Item Summary Memo Title: Kendall Marketplace—Offsite Storm Sewer Bond Release Meeting and Date: May 19, 2008 Synopsis: Recommend that this bond in the amount of$126,930.00 be released. IDOT has concurred with the release. 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: (ED CITY Memorandum EST. 1 `� 1836 To: Brendan McLaughlin, City A i 'strat r y From: Joe Wywrot, City Engineer 0.9 ICI _'im ?p CC: Lisa Pickering, Deputy City krk <CE Date: May 14, 2008 Subject: Kendall Marketplace—Offsite Storm Sewer Bond Release Attached find an email string between Dan Mestelle of IDOT and myself regarding the release of the bond for the offsite storm sewer for Kendall Marketplace. This work is complete and IDOT has concurred that the bond can be released. I recommend that Traveler's Casualty & Surety Company of America Bond No.104811916 in the amount of$126,930.00, established for IDOT Highway Permit No. 3-10634-06 be released in its entirety. Please place this item on the May 19, 2008 Public Works Committee agenda for consideration. Page 1 of 4 Joe Wywrot From: Mestelle, Dan L [Dan.Mestelle @illinois.gov] Sent: Wednesday, May 14, 2008 10:06 AM To: Joe Wywrot Cc: Ballerini, Richard A Subject: RE: Kendall Marketplace -Off-site storm sewer- Bond reduction/release request I do not need any of the bond..... if something fails we still hold the bond for the remainder of the project to fall back onto. From: Joe Wywrot [mailto:JWywrot @yorkville.il.us] Sent: Wednesday, May 14, 2008 9:46 AM To: Mestelle, Dan L Cc: Ballerini, Richard A Subject: RE: Kendall Marketplace - Off-site storm sewer- Bond reduction/release request Dan, Is it OK to release the entire bond for the offsite storm sewer, or do you want to keep a reduced bond amount in place? Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553-3436 fax From: Mestelle, Dan L [mailto:Dan.Mestelle @illinois.gov] Sent: Wednesday, May 14, 2008 9:23 AM To: Joe Wywrot Cc: Ballerini, Richard A Subject: RE: Kendall Marketplace - Off-site storm sewer- Bond reduction/release request Thanks for the reminder. Our Operations staff have reviewed Permit 3-10634-06 . Offsite Storm Sewer and found it to be acceptable. From: Joe Wywrot [mailto:JWywrot @yorkville.il.us] Sent: Wednesday, May 14, 2008 9:12 AM To: Jim Snyder Cc: Granrud Eric; Mestelle, Dan L Subject: RE: Kendall Marketplace - Off-site storm sewer- Bond reduction/release request Jim, I spoke with Dan Mestelle about two weeks. He was not aware that an IDOT permit had been issued for the offsite storm sewer. He said he would check into it and get back to me. The IDOT highway permits that have been issued for Kendall Marketplace are: 5/14/2008 ♦��D C/T` Reviewed By: Agenda Item Number J2 @ A, O, Legal ❑ `� f C 1 Finance q ESL , 1636 ;��`yhX Engineer Tracking Number (J 0 y City Administrator ❑ 9 �O Consultant ❑ pw 0?C08 _ .7b <LE `VV ❑ Agenda Item Summary Memo Title: Grande Reserve— Letter of Credit Expirations Meeting and Date: May 19, 2008 Public Works Committee Synopsis: Recommend authorizing City Cleric to call these 4 letters of credit if they are not renewed prior to August 1, 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: o Memorandum EST \ -\ 1931 To: Brendan McLaughlin, City lminist for y From: Joe Wywrot, City Engineer .9 p CC: Lisa Pickering,Deputy City 1 rk 2 <LE Date: May 14, 2008 Subject: Grande Reserve—Letter of Credit Expirations Attached find four(4) separate notices from LaSalle Bank that various letters of credit for Grande Reserve will be expiring soon. These letters of credit are summarized as follows: Unit LOC# Amount Covers 14, 18, 19b, &25 S590245 $141,393.37 Earthwork 15 &22 S590244 $ 98,429.89 Earthwork and outfall storm sewer 20&21 S590434 $ 25,075.38 Earthwork 23,26, &27 5590433 $654,912.65 Earthwork I will notify the developer that these letters of credit needs to be renewed, and I anticipate that they will. In the meantime,however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to August 1, 2008. Please place this item on the Public Works Committee agenda of May 19, 2008 for consideration. ,MEMBER OF THE ABM 4MR0 GrF .F rllA, RER F UIF 6N 41AU0 l90)P HEMMER AT f E ABM At IRO CROUP MEMBER OF THE ABM AKIH9 GROUP ME1d8ER OF THE ABM PoIRA) GROUP FLMITER OF THE ABN AMRO GROUP MEMBER OFT_ LASALLE BANK N . A . / K z _ O .D40 W. MADISON -- 26TH FLOOR `7 o CHICAGO, IL 60661. V 2L ns \'S ' SWIFT . LASLUS44 > TEL312-904--8462 0 MAY 06 , 2008 p m UNITED CITY OF YORKVILLE_' - 800 GAME FARM ROAr) YORKVILLE, IL 60560 w 0 ' a OUR REFERENCE : J590P44 O IN ACCORDANCE WITH THE TERNS AND CONDITIONS OF THE ABOVE REFERENCED LETTER OF CREDIT , THIS IS TO ADVISE YOU THAT THE CREDIT WILL_ EXPIRE ON AUGUST 12, 200th o a w 0 a COMPUTER GENERATED NO SIGNATURE REQUIRED m fF O 0 CC : PASDUINE:LL I —MILr._ CROSSING LLC 6880 N. FRONTAGE RD . , SUI -EE :100 o BURR RIDGE , IL 6052-7 0 to ° io w 'O u 0 o O 5 O M O O 2 3 O O _ O O 2 O �1 d0 H39PI?W d00B9 OHWV NRV 3H1 HO H3RNI311I dHG9E OHNV NBv 9H1 TO H3G'PL IN d00H9 OHAv N9v 314.190 Hishmv dnoH9 OHWV NOV 3H AO H39N13A HOOHO OHAV NOV 3H1 AO H3BNI3N1 d(IOH9 OHM N9V ERR AN HBHABNT' dNIEMBEH OF THE dBN AMHf oB J P l4EHS8 R .l IL w '_ A9. n vJP 4H 1 ,E+ ,F ThE i8N :1aIHG GHW4IFEMBE9 0F THE AtlN APdHO C nUP MEMBER OF THE 48N ANIFO GROUP AiEdBEF GP THE HBN AM!?G GROUP MEMBER OF I' LASALi_E BANK N . A. // - o SItO W . MADISON — :::6"CH FLOOR CHICAGO , IL. 60El61 uj SWIFT : L_ASL_LJS4.4 () C �4 l4St ;2 TEL31 c:-904-8462 — MAY 069 2008 UNITED CITY OF YORKVIL_L_E 800 CAME FARM ROAD o YORKVILLEv IL. 60560 0 - o D OUR REFERENCE : 5590245 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE_ REFERENCED LETTER OF CREDIT , THIS IS TO ADVISE YOU THAT THE 0 CREDIT WILL.- EXPIRE ON AUGUST 1. 2, 200EI uj 0 0 COMPUTER GENERATED 3 NO SIGNATURE_ RE "QUIRE:_I) - 0 CC : PnSQU :CNELL -1 -=rHE COM1113NS LLC 6880 N . FRONTAGE=; RD , SUITE 100 BURR RIDGE , IL 60527 ° o _ - s 0 FE EF m o a m 0 ` o Fu OF z 0 3 ° ° 0 w fll 0 0 m ni F0 ul 0 z w , 0 �13o H3ew3w dnoNO ooviv Nov 3411 FO H19NI8'N ano99 ouwH Nov 3H An tl3HI130I dnOd9 OHM NOV 3H1 do H3ew3w dnoHO OHM NOV ENT 00 UEWDIN enoH'J otlWV NOV 3H1 d0 H3ew3w anoN9 OTIM Nov Stu do U30NIA MEMBER OF THE ABU AMHO GROUP MEMBER OF THE ABU AMRO GROUP MEMBER OF THE ABU AMRO GROUP MEMBER OF THE ABU AMUR GROUP MEMBER OF THE ABU AMRO GROUP MEMBER OF THE ABN AFRO GROUP MEMBER OF T L.ASAL .LE BANK N . A. 540 W . MADISON - 26TH Fl...OOR o CHICAGO, I [., e-HOE;El7. SWIFT . LASL US44 W g TEL, 31 --904-` 846= Caws MAY 09, 2009 ° 3 UNITE-_D CITY( OF YQW( VILL...E W 2 800 DAME'. FARM ROAD ° YORKVI: LLE , : II_ 60560 0 :o w o OUR REFERENCE; S590433 W 0 `a IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE w REFERENCED LETTER OF CREDIT, THIS IS TO ADVISE YOU THAT THE z CREDIT WILL EXPIRE ON AUGUST 079 E008 W ' o COMP='U I ER GENERATED 3 NO SIGNATURE. REQUIRED � Cc'' PAS UINE_LLI —THE COLONIES LL C 6B80 N . FRONTAGE; RD . , SUITE 100 BIJfZR RIDGE, IL- 605c7 0 m Io m O 3 m O LL D 3 O O O m O g a ; OQ 3 G O A 1-0 D g O 0 Q O W f O W � � v 3 O Z Q O y 3 O fb w 0� O 3 Q 3 O O m D 3 O ¢ O m O X130 FERVOR dOOGO OHNV URV 3H1 d0 H3RN31N dROHO OHRV NBV 3H1 3O H3RA3A dROHO OHRV REV 3H1 3O EBONEN dROHO OHWV REV 3H1 d0 NEBWOW dHOBO OFAVREV 3H1 d0 RFGAAN dBOHO OHRV NEE 3H1 d0 H38R30 MEMBER OF THE ABU ANIRO GROUP MEMBER OF THE ANN PERO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBEHGF'IHt ittlILGROVP MEMkl F F T3 LASALLE BANK N. A. 0,,, 5 '20 ; Zi 540 W. MADISON — 26TH FLOOR - - --- o CHICAGO , IL 60C., Es1, Q< SW :EFT . ' LAS1.-US44 1 E:L_,.11 12-904-8462 3 y 0 O MAY 099 c 00B 0 UNITED CITY OF YORKV ]: LL_E m z 800 GAME= FARM ROAD YORKVIL.-L.E, IL_ 60560 0 0 mM LU o <'3 OUR REFERENCE ".e S590434 0 IN ACCORDANCE; WITH THE TERMS AND CONDITIONS OF THE ABOVE al LO REFERENCED LETTER OF CREDIT, THIS IS TO ADVISE YOU THAT 'THE CREDIT WILL EXPIRE ON ALIGUST 0-7. L2008 D 0 COMPUTER GENERATED RA't E"D 3 NO SIGNATURE REQUIRED al m gl On Q CC : PAL3QUINELLI PIONEER PLACE L-1...C ' 6880 N. FRONTAGE RD. , SUITE- 100 LF BURR RIDGE IL 6052'7 0 m O m O Q fO Q 3 O ` O ° C � O a m Q ? O O O 3 O O M _ O m m e o e n 0 0 n m o a � O 3 � m V m O O F e ^ o M w a m o SI GO H39w3w dnOHO OUNV NOV 3H1 GO HRON3N dnOUO OHAV NOV 3Hi'O HRQN3w dPOPP) ONwV NOV 3H1 AO H3ew3w dnOHO OBAV NOV 3H . GO H30H3w dn0HO OHwV NOV RHl GO H39HPA d001:9 OUNV NOV PHI GO HAENEVP ♦�fp0 C/Tr Reviewed By: Agenda Item Number A Q O a T Legal ❑ hF-Vvj ; '! 1836 EST. Finance F-1 1 Engineer El Tracking Number City Administrator ❑ Wax �O Consultant ❑ P W a(X)8 <LE `�♦� F-1 Agenda Item Summary Memo Title: Quarterly Tool Inventory Meeting and Date: PW Committee meeting May 20,2008 Synopsis: Quarterly inventory of tools on PW trucks Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: none Council Action Requested: none Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: United City of Yorkville Public Works Department Monthly Hand Tool Worksheet For the Month of: ¢ � - - - Vehicle -- --T le Number Y4 Q Addition none Deletion none _ -- -- -- -- - - _.. .- Item 0 Value 0 Value — - - --- - Si nature United City of Yorkville Public Works Department Monthly Hand Tool Worksheet For the Month of: 14-May-08 ' Vehicle Number y-1 y-19 y 26 Addition Deletion Item Reason ^ n Value Item Reason Value Pte. y f CfitacK L�.rL t3 'eoice lS hQfc S ` a.a z- A€weL, c,r� vs L e)Oze iSignature cal e - United City of Yorkville Public Works Department Monthly Hand Tool Worksheet -For the Month of. o Vehicle Number Addition - - - - Deletion _ - - Item - - - — - Reason — - Value Item - - _ Reason _ _ Value _le fvs.ul 6S',i 19 f Signature r — United City of Yorkville Public Works Department Monthly Hand Tool Worksheet — j - For the Month of. ct/ — Vehicle Number Addition Reason Deletion Item - — - - -- -- _ f Value Item _ Reason Value !�'$R-(I T)FxI / s _-- c � or � h� c - - — - { Signature 0- -- -- r United City of Yorkville Public Works Department Monthly Hand dToo] jWorksheet For the Month of I� G Vehicle Number Addition Deletion Item Reason Value 1 Item Reason Value i I I L j i I Signature United City of Yorkville Public Works Department Monthly Hand Tool Worksheet ---For the Month of: �} Vehicle Number - - - - Addition - - — --- ._- _ Deletion Item Reason- _ Value Item Reason Value -- --- - - — 3E2 S^Z £SN-7n ' 1.1,eor N / �rgtuNd .. `w H�or�aNT L� OWL u v� — Ja 2 L vva Nr _.— Signature - - --- United City of Yorkville Public Works Department - - Monthly Hand Tool Worksheet - - — For the Month of: v Vehicle Number Addition - --- - - - — Deletion Item Reason Value Item Reason Value ELL - --... -- --- ------ Signature - - t�tle. _ United ity of Yorkville ---__ - --__ -_ Public Works Department —�-- Monthly Hand Tool Worksheet For the Month-of. Vehicle Number T24I(-61 Addition — — Deletion -- -- - - _ Item Reason_ — _ Value Item Reason Value V? Dl,'rLNI: Lhe�26crvc`1j —� __ 0ce---- - - -- - - -- Signature — `,QED C/T` Reviewed By: Agenda Item Number 2 O 'Q J n Legal ❑ NEvv f3V61Nes1 4 Finance EST 1836 F-1 1 Engineer El Tracking Number O W City Administrator F-1 x ry O Consultant ❑ a W o?C08 _ Agenda Item Summary Memo Title: Tower Ln. EWST repair and painting Meeting and Date• May 20, 2008 PW committee meeting Synopsis: Outlines dates for repairs and painting of water tower Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive from committee Council Action Requested: Approval of final contract Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: co, ,2 Memorandum To: Joe Besco, Chairman ESL 1836 From: Eric Dhuse, Director of Public Works CC: Valerie Burd, Mayor 9 I, p Brendan McLaughlin, Administrator < ;��,�� Date: May 12, 2008 CE Subject: Tower Lane EWST Painting Joe, The water tower located on Tower Lane is scheduled for painting and repairs this year. With the passage of the new budget, I would like to move forward to ensure that it is completed this painting season. The proposed schedule would be as follows: May 20 — PW committee approve to go to bid Advertise immediately June 4 — Mandatory pre-bid meeting June 11 — bids opened June 17 — PW committee review bids and recommend to City Council June 24 — City Council Award July 14 — (approximate) notice to proceed This schedule will help to ensure that the tower is able to be completed by fall. I would ask that this be placed on the May 20`h public works committee agenda for discussion. If you have any questions, or need more information, please let me know. `�fp0 C/pr Reviewed By: Agenda Item Number 2 � O J n Legal ❑ Mew BIAS I NCSS tl 3 Finance 1-1 Esr 1 = leas Engineer El-�� Tracking Number City Administrator ❑ Consultant ❑ P w au)% _ FI LE Agenda Item Summary Memo Title: Petition for private well within city limits Meeting and Date: Public Works Committee May 20, 2008 Synopsis: Applicant at 973 Homestead Dr. is asking to drill an irrigation well. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval of request Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: C/py 2 Memorandum EST J To: Joe Besco Chairman EST , �sss From: Eric Dhuse, Director of Public Works CC: Brendan McLaughlin, Administrator 9 o p Joe Wywrot, City Engineer Date: May 12, 2008 GE Subject: private well petition Joe, I have received and attached a petition from a resident to install a private well to use for irrigation purposes only. I have also attached our well setback ordinance for reference. This proposed well does not violate our ordinance as I read it, but I believe that all private wells are to be brought before the city council for approval or denial. Here are what I feel are the pros and cons of allowing a private well within city limits Pros Not using finished city water to irrigate This well would not affect our water supply as it is in a different aquifer Cons An additional private well within city limits May create more interest from other residents which could lead to more private wells Could eventually pose problems if abandoned or not maintained properly Would have to have yearly inspection to make sure there is no cross connection Will help conserve our finished water, but does not conserve water from an overall perspective Not able to police if we were to put a watering ban into effect I would ask that this be placed on the Public Works committee agenda for discussion and direction. If you have any questions or need any further information, please let me know. Ken Knierim 973 Homestead Drive Yorkville, IL 60560 (815)378-3696 4/28/08 To whom it may concern, I am petitioning for authorization to install an irrigation well at the above mentioned address in Heartland subdivision. This well would be for my private use only. It would consist of a classified non-potable water source used strictly for irrigating my lawn and landscape beds. The irrigation well would have no inter-connections with water service provided by the City of Yorkville for the homestead. This well would be 6" in diameter and constructed with a PVC well casing. It would either draw water from the sand and gravel formation by means of a PVC well screen at an estimated depth of 80' or from an aquifer based in the bedrock formation at am estimated total depth of 220 ' . It would have a pump installed in the well with an approximate pumping capacity of 20 gallons per minute. Both the construction of the well and the installation of the well pump would be performed under the departmental scrutinization of Kendall County Environmental Health. With the continued mindset towards community water conservation, it is my belief that a private water source deriving from an aquifer independent to that of the city would be beneficial to aiding to the municipality' s thought process. I am in hopes that the information and reasoning provided will be sufficient for the written permission needed to move forward with this project. Please call with any further questions or concerns you may have. Best, :-: 2f-4t Ken Knierim STATE OF ILLINOIS ) 1/5/01 )ss COUNTY OF KENDALL ) ORDINANCE NO. 2001-,m(A COMMUNITY WELL WATER PROTECTION ORDINANCE (Minimum and Maximum Setback Ordinance) WHEREAS the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it necessary to establish set back zones to protect the water supply of the UNITED CITY OF YORKVILLE; and WHEREAS the Mayor and City Council deem the regulation of the City's water supply and protection of the areas surrounding the City's water wells to be in the interest of public health, safety and welfare; and WHEREAS the purpose of this ordinance is to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and WHEREAS a public hearing was held before the City Council seeking public comment as required by the Illinois Environmental Protection Act (415 ILCS 5/14.3 (c)); NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS : Page I of 5 MINIMUM AND MAXIMUM SETBACK ZONE ORDINANCE PROVISIONS Section 1 . Purpose Section 2, Definitions Section 3 . Prohibitions Section 4 , Waivers, Exceptions, and Certifications of Minimal Hazard Section 5 . Exclusion Section 6, Repealer Section 7. Severability Section 8, Effective Date Appendix A. Minimum and Maximum Setback Zone Map and Description Section 1 . Purpose Pursuant to the authority conferred by 65 ILLS 5/11-125-4 (1996); 415 ILCS 5/14,2, and 5/14. 3 ( 1996); and in the interest of securing the public health, safety and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water' supply for present and future generations; and to preserve groundwater r'esour'ces currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this ordinance shall apply to all properties located within the minimum setback zone established under Section 14.2 of the Environmental Protection Act ("Act") (415 ILCS 5/14.2 (1996)) and this ordinance, and the maximum setback zone established under Section 14.3 of the Act (415 ILCS 5/14.3 (1996)) and this ordinance. Section 2, Definitions Except as stated in this ordinance, and unless a different meaning of a word or term is clear from the context, the definitions of words or terms in this ordinance shall be the same as those used in the Act and the Illinois Groundwater Protection Act 415 ILCS 5511 (1996)): "Art" means the Envirormiental Protection Act (415 ILCS 511 ( 1996)). "Agency" means the Environmental Protection Agency. "Board" means the Illinois Pollution Control Board,. "Maximum Setback Zone" means the area around a community water supply well established under Section 14.3 of the Act and this ordinance, and described in Appendix A, "Minimum Setback Zone" means the area around a community water supply well established under Section 14.2 of the Act and this ordinance, and described in Appendix A. Page 2 of 5 Section 3. Prohibitions a) Except as provided in Sections 4 or, 5, no person shall place a new potential primary source, new potential secondary source, or new potential route within the minimum setback zone. b) Except as provided otherwise in Section 4, no person shall place a new potential primary source within the maximum setback zone. Section 4. Waivers a) If, pursuant to Section 14,2(b) of the Act, the owner or a new potential primary source, new potential secondary source, or new potential route is granted a waiver by the Agency, such owner shall be deemed to have a waiver to the same extent from Section 3(a) of this ordinance. b) If, pursuant to Section 14.2(c) of the Act, the owner or a new potential primary source (other than land filling or land treating), new potential secondary source, or new potential route is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from Section 3(a) of this ordinance. C) If, pursuant to Section 14. 2(c) of the Act, the owner or a new potential primary source (other than land filling or land treating) is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from Section 3(b) of this ordinance. d) If, pursuant to Section 14.5 of the Act, the owner or a new potential primary source, new potential secondary source, or new potential route is issued a certificate of minimal hazard by the Agency, such owner shall not be subject to Section 14.2(d) of the Act.. Section 5. Exclusion Section 3(a) of this ordinance shall not apply to new common sources of sanitary pollution as specified pursuant to Section 17 of the Act and the regulations adopted thereunder by the Agency, however, no common sources may be located within the minimum distance from a connnunity water supply well specified by such regulations. Section G. Repealer All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed . Page 3 of 5 Section 7. Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof, Section 8. Effective Date Tlus ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. Appendix A Illustration of the proposed minimum and maximum zone ordinance area, See attached map. PAUL, JAMES �KA&-s RICHARD STICKA MIKE ANDERSON VALERIE BURR ROSE SPEARS LARRY KOT THOMAS SOWINSKI Zy OVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this � of b � , A.D.. 2001 , Zel l �✓ MAYOR Page 4 of S PJSSED by the City Council of the United City of Yorkville, Kendall County, Illinois this / day of� A.D. 2001 .. Attest: p K. 4-rvr wvrn CITY CLERIC Prepared by: Law Offices of Daniel J. Kramer 1107A S, Bridge Street Yorkville, Illinois 60560 6.30,553 .9500 Page 5 of 5 z MAI S RIVER ST U Ir W ID C \ \ River HYDRAULI r — i IYDR ULI AV 2 13 N MIAM E MON T �� DMAD[ ON V N M N ST N rn S R/ GE MI Ruj E ❑ o w T. 4 C / ~ m , / E. RIDE T ST w — _ FOX I- ¢ En S F N W SHI GTO n ~ T EXHIBIT 'A' W I G ON N ® WELL LOCATION - MINIMUM SETBACK 'AXIMUM SETBACK N` lil OR Nrr SCALE, 1'=400' 0 ce° WALNU i �O JA KS S , w / A E T �¢ / o \ \` L IYORKVILLE MIODLE SCHOOL ,,,,, 2 TANK I P R S , PARK dI WELL NU 4 YORKVILLE rY GRADE SCHOOL TIP\ SOMONAUK T. / SO N / SP IN ST. CE TER S RE Z CNrRSrEr Puauc w AiN ST. SQUARES z EXHIBIT 'A' a m p ® WELL LOCATION U MINIMUM SETBACK N - - wXIMUM SETBACK 2 SCALES 1'=400' ♦��D C/Ty Reviewed By: Agenda Item Number Z) T Legal ❑ I"icV6 �jL't,il�C' : ;t Finance P EST , 1836 Engineer 7 I Isla .�= g ��' A Tracking Number < y City Administrator ❑ 0�f � ..4. �O Consultant ❑❑ P VV a 0O8 - 90, <LE Agenda Item Summary Memo Title: Wells 3 & 4 Treatment Facility—Certificate Regarding Operation& Maintenance Meeting and Date• May 19, 2008 Public Works Committee Synopsis: This certificate regarding operation and maintenance is necessary to properly close out the low-interest loan for this project. 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: ®44 � CBry ,? Memorandum 4 EST. 1836 To: Brendan McLaughlin, City Ad inistrat r From: Joe Wywrot, City Engineer �• O p CC: Eric Dhuse, Director of Publicorks ®may®� Lisa Pickering, Deputy City Clerk kE Date: May 15, 2008 Subject: Wells 3 & 4 Treatment Facility — Certificate Regarding Operation & Maintenance Attached find one copy of a proposed certificate regarding operation and maintenance of the Wells 3 & 4 Treatment Facility. This facility was funded by an Illinois EPA low interest loan. In order to properly close out the loan documents, we need to approve this certificate, which states that we have the necessary personnel and documentation to operate and maintain the facility. I recommend that this certificate be approved. Please place this item on the Public Works Committee agenda of May 19, 2008 for consideration. Certificate Regarding O & M Whereas, under the provisions of the State Revolving Loan Fund Regulations, it is required that the United City of Yorkville, the governing body, provide assurance of efficient operation and maintenance of the public water supply facilities proposed under project L171563 . Therefore, be it resolved by the City Council of the United City of Yorkville, the governing body, hereby certifies that it has a properly certified operator and that the following training and documents have been provided for the operation and maintenance of the equipment and/or process units included in the project, and that applicable documents are available for Agency review; 1 . Training pertaining to the proper operation and maintenance of the equipment and process units included in the project. 2. An operation and maintenance reference library which includes, but is not limited to, the following: a. Manufacturer's literature, shop drawings and warranties, as well as a maintenance schedule for the equipment and process units included in the project; b. The plans of record with valve indices for the equipment and process units included in the project. 3. Training pertaining to the general operation of public water facilities or distribution systems, consisting of an operator self-study course such as Water Treatment Plant Operations, Volumes I and 11, or Small Water System Operation and Maintenance, or Water Distribution System Operation and Maintenance, California State University, Sacramento. Mayor Date Attest: City Clerk Date `QED C/p�, Reviewed By: Agenda Item Number J� Legal ❑ KkN/ 8"INESS ft 7836 EST. , \_I Finance F1 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ F1 7•� aLB _ Agenda Item Summary Memo Title: Wolf Street Property Meeting and Date• Public Works committee May 20,2008 Synopsis: Final plat of Wolf Street property that is proposed to be purchased for a public works facility. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Positive Council Action Requested: Approval of purchase Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: `QED cl; f MEMORANDUM J2 a 0 EST ,. 1836 To: Public Works Committee —�— From : Brendan McLaughlin, City Administrator o� !®"may o Date: May 16, 2008 4e Subject: Property Acquisition — DPW/PARKS FACILITY PURPOSE: To seek approval of purchase contract and financing method for a DPW/PARKS FACILITY, Context: At the November 13, 2008 City Council meeting, direction was given in closed session to prepare a purchase contract for property located at the southwest corner of Badger Street and Wolf Street. The purchase price and terms had been negotiated between the seller, Brian Betzwiser and Alderman Leslie and city staff. This facility will provide much needed space for DPW and Parks staff. This site was selected based on its central location, the very economical price and that it can serve as an interim solution based on current economic conditions. Previously, the City had planned to build a new Public Works Facility on land provided within the Prairie Meadows subdivision. Based on public opposition, the City Council abandoned that location and a park was constructed there instead . Discussion: The property to be acquired includes a 9,729 square foot multi use building and 3.5 acres of land at a price of $1,250,000. No internal build-out has been done and staff will coordinate a build- out of a portion of the space. Financing for this facility should be done through development fees. Below is a proposed cost allocation based on the number of employees in Streets, Water, Sewer and Parks. Streets 22% Sanitary 13% Water 26% Parks 39% Available cash in each of these funds varies greatly and the two utility funds have significant obligations pending which are not reflected in the fund balances. As a result, it is recommended that the City finance the purchase of this property over twenty years. This will better allow each fund to pay its proportionate share through impact fees over time. It also recognizes that the building should be paid for over a reasonable time period rather than in one year. If the City Council is supportive of financing the property acquisition over time, there are a few other capital purchases which staff recommends being incorporated into the debt issuance. They include: Finish 800 sf of office space in new building $ 100,000 Gravel vacant property to allow for storage $ 38,500 Enclose 2 acres with fence $ 25,000 Replacement of Material Storage Bins $ 50,000 Shop/Roof Repairs at existing facility $100,000 Total additional estimated costs $313,500 In addition to these expenses, the City has been contacted by the developer of Grande Reserve to accept the water improvements they have made which benefit an area far greater than there subdivision. The City committed in the annexation agreement to repay the developer for the incremental difference between the costs allocated to their subdivision and the costs designated for recovery over the larger benefitted area, roughly $1,400,000. That obligation was to be repaid from water impact fees charged for each home being built in that area. To date, it is estimated that the City recovered $1,200,000 in impact fees that should be tendered to the developer. However, prior management did not designate any of these revenues in the Water Improvement Fund's fund balance. Instead, these revenues were used to fund other capital improvements. As a result, it is recommended that the City include an additional $437,000 in the debt issuance for this obligation. The expected annual cost to fund repayment of $2,000,000 of debt is estimated at $163,000 per year. Monies are included in the current year's budget to cover issuance costs and the first year's principal and interest payment. Council Approval Requested: It is requested that the City Council authorize the Mayor to execute the purchase agreement and authorize the issuance of debt in the amount of $2,000,000 to fund the items discussed above. DRAFT AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT for the purchase and sale of real estate (the "Agreement"), is entered into as of , 2008, by and between Betzwiser Development, LLC of 69 Crooked Creek Drive, Yorkville, Illinois, a Limited Liability Company (the "Seller") and the United City of Yorkville, Illinois (the "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of the certain parcels of property (as identified below); and WHEREAS, Purchaser desires to purchase from the Seller and the Seller desire to sell to Purchaser all of said property on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE i AGREEMENT TO PURCHASE AND SELL 1. 1 Subject Property. Subject to Section 1 .2 below, Seller agree to sell and convey to Purchaser, and Purchaser agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, Seller's right, title and interest in and to all of the parcels of property identified below and legally described on Exhibit A attached hereto and made a part hereof, (collectively, the "Subject Property"), generally consisting of approximately acres of real property currently improved with such structures as noted, all being located off at or near Wolf Street in the United City of Yorkville, Illinois. The Subject Property consists of three parcels of land identified as follows: Parcel 1 : 185 Wolf Street, improved with a 9,729 square foot building and identified as PIN: Parcel 2: 197 Wolf Street, a vacant parcel approximately square feet and identified by PIN : Parcel 3: 197 Wolf Street, a vacant parcel one acre in size and identified by PIN In the event of any conflict or discrepancy between the general descriptions of the Subject Property in this paragraph and the legal description, the legal description shall govern. The Purchaser acknowledges that the property will be encumbered by an easement in favor of the adjoining parcel of property at 181 Wolf Street for the right of ingress and egress. It is understood that Purchaser' s obligation to complete the purchase shall be contingent upon Purchaser's approval of the description of the parcels and easement area as the property or easements as defined by Purchaser's surveyor within five (5) business days from the date said property has been legally identified by Purchaser' s surveyor, Purchaser shall be deemed to have provided its approval and this contingency shall be deemed met. 1. 2 Title. The Seller shall convey to Purchaser upon payment in full of the Purchase Price as established in Section 2. 1 below, plus or minus prorations, (the "Closing"), Seller's right, title and interest in and to the Subject Property. It is understood and agreed that the Purchaser accepts title to the structure on Parcel 1 , in an "as is" condition as of the date of Closing. 1. 3 Possession. Possession of the Property shall be delivered to the Purchaser at Closing, as hereinafter set forth. ARTICLE 2 PURCHASE PRICE 2. 1 Purchase Price. The purchase price (the "Purchase Price") to be paid by the Purchaser to the Seller for the Subject Property described below is $ 1 ,250,000.00, plus or minus prorations. 2. 2 Earnest Money. None. 2. 3 Closing Costs. The Seller shall pay all of the Seller's customary closing costs associated with the execution of this Agreement including but not limited to the following: Title Policy; Title Endorsement; one-half of all escrow fees; and one-half of all other fees in connection with the Closing.-Purchaser shall be responsible for all Purchaser's customary closing costs, including, but not limited to: one half of any closing fee, purchaser' s title insurance and recording fees. Each party shall pay its own legal fees. 2. 4 Closing Prorations and Adjustments. All items of income or expense, including taxes and assessments, shall be prorated as of the date of the Closing. Closing prorations and adjustments shall be payable by credits to Purchaser at Closing. ARTICLE 3 TITLE INSURANCE AND SURVEY 3. 1 Title Commitment. Within twenty (20) days after the execution of this Agreement (the "Effective Date"), Seller shall deliver to Purchaser: a commitment for Title Insurance in the amount of the Purchase Price showing fee simple title vested in the Purchaser, which policy, when issued, shall include extended coverage over the general title exceptions. 3. 2 Title and Survey Objections. Within twenty (20) days after Purchaser receives the Title Commitment, the Title Documents, and the Survey, Purchaser shall deliver to Seller: (a) a list of any objections to title and survey matters with respect to the Subject Property (the "Title 2 Objections"); and the manner in which such Title Objections may be cured to Purchaser' s satisfaction; and (b) a list of those endorsements that Purchaser requires be included as part of the Title Policy (the "Title Endorsements"). The Seller shall be obligated to cause any Title Objections relating to financing liens, mechanic's, materialmen' s or similar liens, tax liens or delinquent taxes, and leases or other occupancy rights or agreements to be deleted from the Title Commitment prior to the Closing, and if the Seller fails to do so, Purchaser may, in addition to all other rights and remedies, deduct from the Purchase Price any liens or encumbrances of a definite or ascertainable amount. If the title commitment discloses Title Objections which are not cured, Seller shall have thirty (30) calendar days from the date of delivery thereof to have the said exceptions waived, or to have the title insurer commit to insure against loss or damage that may be caused by such exceptions and the closing date shall be delayed, if necessary, during said thirty (30) calendar day period to allow Seller time to have said exceptions waived. If Seller fails to have the Title Objections waived or, in the alternative, to obtain insurance over such unpermitted exceptions within the time specified, Purchaser may terminate the Contract between the parties or may elect, on notice to Seller within ten (10) calendar days after the expiration of the thirty (30) calendar day period to take the title as it then is, with the right to deduct from the purchase price liens or encumbrances of a definite or ascertainable amount. If Purchaser elects to terminate the Contract, this Contract shall be null and void and all moneys paid by Purchaser hereunder shall be refunded. ARTICLE 4 COVENANTS, REPRESENTATIONS AND WARRANTIES 4. 1 Representations. The Seller (and any persons executing this instrument on behalf of the Seller) represents and warrants that the Seller is the owner in fee simple of the Subject Property, that the Seller is fully authorized and empowered to execute and deliver this instrument, and that there is no lien, encumbrance, contract or governmental prohibition against the execution and delivery of this instrument and the performance by the Seller of all of Seller's obligations hereunder. Purchaser (and any persons executing this instrument on behalf of Purchaser) represents and warrants that Purchaser is fully authorized and empowered to execute and deliver this instrument, and undertake the performance and enforcement of this instrument and the obligations hereunder. Purchaser acknowledges that Seller's ability to transfer title to the subject property is contingent upon Seller being able to successfully separate the property in question from the Master Association. Purchaser's obligation to purchase the property shall be contingent upon Seller's being able to successfully separate the subject property from the existing covenants, conditions and restrictions of condominium. 4. 2 Agreements. Neither the execution and the delivery of this Agreement by each party, nor the consummation of the transactions contemplated hereby will result in any breach or violation of or default under any judgment, decree, order, law, mortgage, lease, agreement, 3 indenture or other instrument to which such party is a party or by which the Subject Property or such party is bound. The parties agree that the Seller will not be responsible for providing the Purchaser with a survey of the property in question. If the Purchaser requires a survey (whether for extended title coverage, lender requirements or otherwise) the same shall be provided by Purchaser at Purchaser's expense. 4. 3 No Conveyances or Further Liens. From and after the execution of this Agreement, the Seller shall not: (i) cause, suffer or permit any act which results in any additional exceptions to title affecting the Subject Property or any portion thereof, (ii) sell transfer, alienate, lease or encumber any part of the Subject Property or any interest therein to or in favor of any person or entity other than the Purchaser, or (iii) take any action that would alter any of the matters depicted, or create matters not depicted, on the Survey. 4. 4 Litigation. Each party represents to the other that they are aware of no pending litigation, proceeding, claim or investigation, including, without limitation, any condemnation proceeding, pending or to the best of their knowledge, threatened, which affects or could reasonably be expected to affect them, the Subject Property, the transactions contemplated by this Agreement, or the other party's intended use of the Subject Property. 4. 5 Inconsistent Actions. The Seller and Buyer shall not take any actions that are inconsistent with their obligations under this Agreement, or that may delay or interfere with the consummation of the transactions contemplated by this Agreement. 4. 6 Surviving Agreements. There are no unrecorded leases, contracts, agreements, or other documents affecting the Subject Property that will survive the closing and be binding upon Purchaser of the Subject Property. ARTICLE 5 THE CLOSING 5. 1 Closing. (a) Once the title commitment displays good title, subject only to permitted exceptions, then, within thirty (30) days thereafter the Purchaser is obligated to take title or elects to take title (as the case may be), then Purchaser will pay to Seller the Purchase Price, plus or minus prorations. (b) The Seller warrants that no party in possession, no contractor who has furnished labor or materials, and no other person has any right, title, interest, lien, claim or charge against the property (c) This Agreement has been executed in two duplicate originals by the parties. This Agreement, however, will not confer any legal or equitable estate or interest in the property on the Purchaser until the Purchaser has fully performed this Agreement. 4 (d) The Seller warrants that no notice from any city, village or other governmental authority of a dwelling code violation had been received by the contract seller, or their principal or agent, within 5 years of the date of this installment contract. (e) The Seller shall provide Purchaser with a credit for the 2007 & 2008 real estate taxes due up to and including the date of closing based upon the most recent available real estate tax bill for the property. Said tax proration shall be final. (f) The Closing shall take place at the offices of the Purchaser or the Title Company. 5. 2 Conveyance to Purchaser. Pursuant to this contract at the Closing, Purchaser will be entitled to receive a Warranty Deed to the property; Bill of Sale for the structure; Affidavit of Title; ALTA Statements; and, such other documents as deemed necessary to convey Title subject only to permitted exceptions as stated above. 5. 3 Purchaser's Deliverables. At the Closing, Purchaser shall deliver or cause to be delivered to Seller directly or, if either party elects, through an Escrow, the following, each of which shall be in a form reasonably satisfactory to Seller and (if applicable) the Title Insurer: (a) A certified copy of Purchaser's ordinance (if required) authorizing this Agreement. (b) Such other certificates and documents as may be required by the Title Insurer; and, (c) The Purchase Price, plus or minus prorations. 5. 4 Documents to Be Jointly Delivered By Seller and Purchaser At Closing. At the closing, the Seller and Purchaser shall each execute and deliver, directly, or if either party elects, through the Escrow, the following, each of which shall be in the form reasonably satisfactory to both parties and (if applicable) the Title insurer. (a) Applicable transfer tax declarations for the State of Illinois, Kendall county and necessary municipal transfer declarations; (b) A Closing Statement; (c) ALTA Statements as required by the Title Insurer; and (d) All other instruments and documents as may be reasonably required in order to carry out the purposes of this Agreement and to consummate the Closing under this Agreement. ARTICLE 6 DEFAULTS AND REMEDIES 5 61 Default. If the transaction contemplated hereby does not close by reason of a default by either party in any of the terms hereof, and any such default is not cured within thirty (30) days after written notice of said default is given by the other party, then the non-breaching party may: (a) terminate this Agreement and (b) pursue an action against the breaching party for all remedies available in law and/or equity, including specific performance of the Agreement. 62 Costs Of Enforcement. In the event any action or proceeding is brought by either party to enforce or interpret the terms of this Agreement, the prevailing party in such action or proceeding shall be entitled to have all costs, fees (including, without limitation, reasonable attorneys' fees) and expenses, paid or reimbursed by the non-prevailing parry. ARTICLE 7 MISCELLANEOUS 7. 1 Entire Agreement; Construction. This Agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof except as may be set forth in writing executed by both parties contemporaneously with or subsequent to this Agreement. This Agreement may not be construed more strictly against one party hereto than against the other party merely by virtue of the fact that it may have been prepared primarily by counsel for one of the parties. It is understood and recognized that both parties have contributed substantially and materially to the preparation of this Agreement. 7. 2 Severability. If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and other applications thereof shall not be affected thereby. 7. 3 Governing Law. This Agreement has been executed and delivered, and is to be performed, in the State of Illinois, and this Agreement and all rights, obligations, liabilities hereunder shall be governed by, and construed in accordance with, the internal laws of the State of Illinois. Venue, for purposed of this Agreement, shall be Kendall County, Illinois. 7. 4 Time Is Of The Essence. Time is of the essence of this Agreement. 7. 5 Waiver. No waiver by a party of any breach of this Agreement or any warranty or representation hereunder by the other parry shall be deemed to be a waiver of any other breach by such other party and no acceptance of payment or performance by a party after any breach by the other party shall be deemed to be a waiver of any breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows of such breach at the time it accepts such payment or development. 7. 6 Condemnation. The parties agree that in the event any portion of the subject property is taken for eminent domain, all proceeds derived from the condemnation action shall belong to the Seller. 6 IN THE WITNESS HEREOF, the parties have executed this Agreement as of the date first written above. United City of Yorkville, an Illinois municipal corporation By: Mayor Attest: City Clerk Betzwiser Development, LLC, a Limited Liability Company By: Its President Attest: Secretary 7 FINAL PLAT OFTHE UNITED CITY OF YORKVILLE SUBDIVISION PART OF ME NA, FO w MUSED „. w ME VIRm CITY CR II IEF. WMI < DRIFT e 9 <9 69 3 SCALE FEET pWrY. LEGOD wm[s [dzsrt upwexr. s ' � P nr n�rti TOY ACEMMI- -"" PARK u I'M AND NAMNAME. PAGE lown;AND I'M UP m,..-.. mwwn .Or In. am FROM NOW C R It WneR . 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MENDE SAWN PAT� 11 HEAD All SIM 11 SUATO NI IODINE WE NOW My AN MAN_ AT 'AMR A MADRID 44 HAVEN 07 SECONDS MST, WANT MT. �OFFIN M MANHATTAN 15 MANTANS 11 CA nWOw, .,.IN DIE OwnO annrwm�na srm.,..Im.o.. I,,.mg �INrvOm.Ow >o ,Om >» �w 1, WMA At ONES ANN MANOR YET CHAIR THEM PUMP TO I ANY e.w¢5E CAME rm ERASw IImmu5A wnnm more TMEmSOI.,wmmm RI , 52 NYWINS, DAM ^Y.C�NNE @',^51 PAGE 7 OF 1 Reviewed By: Agenda Item Number o, O ) j J �� n Legal ❑ hlC'v'J ��i�SIIVI' �i C EST. 1836 Finance F-1 es 1 Engineer E] Tracking Number City Administrator ❑ „ wiry �O Consultant ❑ a a CH Parks and Recreation ❑ Agenda Item Summary Memo Title: Summer Water Conservation Policy Meeting and Date: Public Works Committee—May 19, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Mcghan Gehr Administration Name Department Agenda Item Notes: This agenda item was requested by Alderwoman Sutcliff. Attached is the City's current Water Conservation Ordinance. States of Illinois ) ) ss County of Kendall ) oZ� ORDINANCE No. aC7 ORDINANCE AMENDING UNITED CITY OF YORKVILLE WATER CONSERVATION REGULATIONS ORDINANCE NO. 2004-17 WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to amend the Water Conservation Regulations; and WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council has determined that it is in the best interests of the community to amend the Section 7-5-15 (I) Penalty in order to ensure the orderly and efficient enforcement of the Water Conservation Regulations. NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE; that Section 7-5- 15(I) Penalty is hereby revoked; and a new Section 7-5-15(I) is created to read as follows: 1 . Any United City of Yorkville inspector, employee, officer or citizen observing a violation of Title 7 may file a complaint for violation of Title 7 by notifying the United City of Yorkville Police Department. 2. Any person who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section (3)(A)(3) or Section (3)(F) above, shall be subject to penalties as provided in section 1 -4-1 of this code in conjunction with the following provisions: a. $50.00 for a first offense; b. $125.00 for a second offense; and C. $500.00 for each subsequent offense. 3. Within ten (10) days of receiving notice of such violation any person may pay at the Office of the United City of Yorkville Water Department the fine. 4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, if not paid as provided therein, a notice to appear shall issue and upon adjudication of the matter and assessment of a fine, the fine amount owed to the City shall be added to the bill for water consumption for the property at which the offense occurred. 1 Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section of clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. IN WITNESS WHEREOF, this Ordinance has been enacted this 27th day of M", 2004. �P2�s PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, KendalCounty, Illinois, this 27th day of Way* 2004. E Mayor PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 27th day of I y 2004. r- C Clerk This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, IL 60560 630-553-9500 2 United City of Yorkville Ordinance No. 02001q ° d.0 Ordinance Amending Water Conservation Regulations Ordinance No. 2004-17 Teat TITLE 7 PUBLIC WAYS CHAPTER 5 WATER CONSERVATION REGULATIONS SECTION 7-5- 15 7-5-15. Definitions. The following words and phrases when used in this Article shall, for the purpose of this Article, have the following meanings: Drip-Irrigation System: A soaking hose that when in use does not result in an actual dissipation of Water. Drip-Line: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. Landscape/Landscaping: Sod and seeded turf lawns, gardens, trees, shrubs, and other living plants. Permitted Hours of Water Use: A time period between 5 :00a.m. and 9:00a.m., and between 9:00p.m. and 12:00 midnight, each day. Person: Any individual, firm, partnership, association, corporation, company, organization, or entity of any kind. City: The United City of Yorkville. Water: The water provided by and obtained by a person from the City water supply and distribution system. A. Application 1 . The provisions of this Article shall apply to all Persons using Water, and to all properties within the City or unincorporated areas which are connected to the City's Water supply and distribution system, regardless of whether any Person using the Water has a contract for service with the City. 3 2. The provisions of this Article shall apply annually from May 1 through September 30, subject to any modifications thereof, including application of these or other regulations during this or any other time, by an Emergency Proclamation issued pursuant to Section (1) below. B. Restricted Hours and Days for Specified Uses: 1 . Water may be used for landscape watering or the filling of swimming pools only as follows: a. All properties with even-number street numbers (i.e. numbers ending in 0, 2, 4, 6 or 8) may use Water for landscape watering or for pool filling, only on even-number calendar dates during Permitted Hours of Water Use. b. All properties with odd-numbered street numbers (i.e. number ending in 1 , 3, 5, 7, and 9) may use Water for landscape watering or for pool filling only on odd-numbered calendar dates during Permitted Hours of Water Use. c. There shall be no restrictions as to hours or days when Water may be used for any of the following: a) Landscape watering or sprinkling where such watering or sprinkling is done by a Person using a hand-held watering device; b) Filling swimming pools with a volume of fifty (50) gallons or less; c) The automatic watering of trees and shrubs by means of automatic root-feed or Drip-Irrigation Systems within the drip line of the tree or shrub; or d) Vehicle and equipment washing; or e) Any other lawful use of Water such as bathing, clothes washing, and other normal household uses not otherwise specifically restricted by the provisions of this Article. C. Restrictions for Sod Laying and Lawn Seeding for New Lawns. Notwithstanding the provisions of Section 8-3-3 above, the following special regulations shall apply: 1 . Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July lst through August 31s` each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 4 2. From May 0 through June 30t ' and from September ls' through September 30th, Water may be used on new lawns (sod or seed), only as follows: Prior to sod laying or lawn seeding, a Sod Watering Permit (Exhibit A) must be obtained from the United City of Yorkville. a. On the day new sod or seed has been placed on a property, a Person may use an automatic sprinkling device to apply Water to the sod or seed for a total period of time not to exceed eight (8) hours. b. For the next nine (9) days thereafter, a Person may apply water to said sod or seed each day during Permitted Hours of Water Use. C. Following the first ten (10) days after the sod or seed is placed, the provisions of Section 8-3-3 above shall apply. 3 . Prior to the execution of any real estate contract for the sale of newly constructed property, the builder or owner of such new construction shall: A. Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this Article; B. Attach a Copy of these regulations to the contract; and C. Obtain the signature of the purchaser(s) on a statement that he, she or they has (have) been informed of the new lawn installation restrictions set forth in this Article. 4. The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown, the applicant shall submit his signed statement that he shall comply with the requirements of this Section at the time the real estate contract is executed. D. Waste of Water Prohibited. No Person shall allow a continuous stream of Water to run off into any gutter, ditch, drain, or street inlet while using Water for restricted purposes during the Permitted Hours of Water Use. E. Exceptions. The provisions of the article shall not apply any commercial or industrial entity for which use of Water is necessary to continue normal business operations, or to maintain stock or inventory. Provided, however, this exception shall not apply to any and all uses of Water not essential to normal business operations or maintenance of inventory or stock, and specifically shall not apply to landscape watering or pool filling. F. Bulk Water Rates. Bulk Water rates shall be increased to three (3) times the non-resident Water rate during the time described in Section 8-3-2 (B) above. 5 G. Hydrant Use Prohibited. Hydrants connected to the City water supply and distribution system for the purpose of providing Water for fire fighting purposes shall not be opened by any Person, other than authorized City or Fire District personnel, except for the purpose of fighting a fire. H. Emergency proclamation. 1 . Whenever the Water supply of the City is diminished from any cause, including but not limited to prolonged dry period, increased Water demand, equipment failure, or Water quality concerns, to an amount which in the opinion of the City Engineer or Director of Public Works is or is likely to become dangerous to the health and safety of the public, the City Mayor is hereby authorized and empowered to issue an Emergency Proclamation specifying different or additional regulations on the use of water. 2. Such regulations may provide for limitations on the usage of Water, limitations on days and hours of use of Water for some or all purposes, and the prohibition of specified uses of Water. 3 . Upon issuing such Proclamation, the City Mayor shall make the contents thereof known to the public by posting a copy at the City Hall, and by new release to local newspapers and radio media, and may also endeavor to notify the City residents and other Persons in any other practical manner that he or she shall devise. Further, the City Mayor shall immediately deliver notice of such Proclamation, and the regulations that have been imposed by such Proclamation, to all members of the City Council. 4. The Emergency Proclamation of the City Mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall fast occur: a. The City Mayor determines that the emergency no longer exists and that the Emergency Proclamation, and the regulations imposed thereby, shall no longer continue in effect. b. The City Council modifies or repeals the Emergency Proclamation, and the regulations imposed thereby, by means of an ordinance enacted at any regular or special meeting of the City Council C. The first regular meeting of the City Council occurring more than 30 days after the date of the Emergency Proclamation of the City Mayor. 5 . Any City employee or officer may, at the direction of the City Mayor, notify and warn any Person of the effect of said Emergency Proclamation and direct said Person to comply with said watering or sprinkling restrictions. If any said Person, after having first been warned about said restrictions of the Emergency Proclamation, they shall be deemed to be in violation of this Article. 6 I. Penalty. L Any United City of Yorkville inspector, employee, officer or citizen observing a violation of Title 7 may file a complaint for violation of Title 7 by notifying the United City of Yorkville Police Department. 2. Any person who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section (3)(A)(3) or Section (3)(F) above, shall be subject to penalties as provided in section 1 -4- 1 of this code in conjunction with the following provisions: a. $50.00 for a first offense; b. $ 125 .00 for a second offense; and C. $500.00 for each subsequent offense. 3. Within ten (10) days of receiving notice of such violation any person may pay at the Office of the United City of Yorkville Water Department the fine. 4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, if not paid as provided therein, a notice to appear shall issue and upon adjudication of the matter and assessment of a fine, the fine amount owed to the city shall be added to the bill for water consumption for the property at which the offense occurred. 7 Exhibit A UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Phone: 630-553 -4350 Fax: 630-553 -7575 Sod Watering Permit Name : Date: Address : Start Date: Ending Date: Official Sod Watering Rules : 1 . Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July I " through August 31S` of each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 2. From May 1 " through June 30th and September 15C through the end of the season, water may be used on new lawns (sod or seed) only as follows: a. On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight (8) hours. b. For the next nine (9) days thereafter, a person may apply water to said sod or seed each day during permitted hours of water use. c. Following the first ten (10) days after the sod or seed is placed, the provi- sions of the Water Conservation Regulations Ordinance No. 2004- 17 (copy attached) shall apply. Signature of Responsible Party: 8