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Public Works Packet 2007 09-04-07 United City of Yorkville 800 Game Farm Road EST 1 cress Yorkville, Illinois 60560 Telephone: 630-553 -4350 ® �® rt �a Fax: 630-553 -7575 <LE %N;v AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, September 4, 2007 7:00 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: August 7, 2007 New Business: 1 . PW 2007- 126 Provena-Dreyer Stormwater Basin 2. PW 2007- 127 Grande Reserve Unit 12 — Site Development LOC Expiration 3 . PW 2007- 128 Grande Reserve Unit 13 — Site Development LOC Expiration 4. PW 2007- 129 Grande Reserve Unit 13 — Site Inspection LOC Reduction No. 1 5 . PW 2007- 130 Grande Reserve Unit 14 — Site Inspection LOC Reduction No. 1 6. PW 2007- 131 Raintree Village Unit 5 — Site Development LOC Expiration 7. PW 2007- 132 In-Town Road Program (Phase 2 Utilities) — Change Order #3 8 . PW 2007- 133 Grande Reserve Regional Park — AT&T Utility Easement 9. PW 2007- 134 Proposed Wetland Ordinance I O.PW 2007- 135 River Road — Plat of Dedication I LPW 2007- 136 Well No. 7 Update — FYI 12.PW 2007- 137 Monthly Tool Inventory 13 .PW 2007- 138 Prairie Gardens Subdivision — Subordination of Surface Rights 14.PW 2007- 139 Yorkville Middle School — Subordination of Surface Rights 15 .PW 2007- 140 Bristol Bay Units 1 -7 — Landscape Bond Reduction # 1 Public Works Committee September 4, 2007 pg. 2 16. PW 2007- 141 Updated Capital Improvement Program 17 . PW 2007- 142 Plat of Vacation — 202 River Road 18 .PW 2007- 143 Committee Liaisons Appointments Old Business : 1 . PW 2007- 108 In-Town Road Program Phase 3 2. PW 2007- 121 Reimbursement for Dutch Elm Disease Trees Additional Business : UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, September 4, 2007 7:00 PM CITY CONFERENCE ROOM MINUTES FOR CORRECTION/APPROVAL: 1 . August 7, 2007 ❑ Approved ❑ As presented ❑ With changes NEW BUSINESS: --------------------- --------- --------- ........ - - ------------------ ----------- ------------- - - 1 . PW 2007- 126 Provena-Dreyer Stormwater Basin ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -- ---------- ---------- -------- ------------------ ---------- --------- - --------- - - - - - -- ------------ 2. PW 2007-127 Grande Reserve Unit 12 — Site Development LOC Expiration ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2007-128 Grande Reserve Unit 13 — Site Development LOC Expiration ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -- ---------- -------- ----------------- - - -------------- ------- - --- -- ------------------- - 4. PW 2007-129 Grande Reserve Unit 13 — Site Inspection LOC Reduction No. 1 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -------------------------------------------------------------------------------------------..............-..............-.............. 5. PW 2007-130 Grande Reserve Unit 14 — Site Inspection LOC Reduction No. 1 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2007- 131 Raintree Village Unit 5 — Site Development LOC Expiration ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other 7. PW 2007-132 In-Town Road Program (Phase 2 Utilities) — Change Order #3 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other 8. PW 2007- 133 Grande Reserve Regional Park — AT&T Utility Easement ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2007- 134 Proposed Wetland Ordinance ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other -------------------......--------............-......-...........-.......... ------------------------------------------------------------ 10. PW 2007-135 River Road — Plat of Dedication ❑ Approved for COW - & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other 11 . PW 2007- 136 Well No. 7 Update — FYI ❑ Approved for COW - & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ---------------- - - - ------------ -------------------------------------------- ------------------- ------------- 12. PW 2007-137 Monthly Tool Inventory ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other - ----------- ---------- --------- - -- - --------- --------- - ---------------- ------------- ---------- - - - - - 13 . PW 2007-138 Prairie Gardens Subdivision — Subordination of Surface Rights ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other 14. PW 2007- 139 Yorkville Middle School — Subordination of Surface Rights ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ------------------------ -------------------------- ------------ -------------------------- ------------ - - 15. PW 2007-140 Bristol Bay Units 1 -7 — Landscape Bond Reduction #1 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other ...............------------------..........------------------...........---------.....................-------.................. -------- 16. PW 2007-141 Undated Capital haprovement Program ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other - -- - - - ---- -- -- - -- - --- ----------------------- - ----------------- -------------- I 17. PW 2007-142 Plat of Vacation — 202 River Road ❑ Approved for COW & CC ❑ As presented ❑ With changes it ❑ Bring back to Committee ❑ Other i - - - ----------------------- ------------ ----------- --------------------- 18. PW 2007- 143 Committee Liaisons Appointments ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: - -- -- - ----------------- ---------- ---------- ............ ------------------ 1 . PW 2007- 108 In-Town Road Program Phase 3 ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2007-121 Reimbursement for Dutch Elm Disease Trees ❑ Approved for COW & CC ❑ As presented ❑ With changes ❑ Bring back to Committee ❑ Other - - - - -------------- ----------- --------------- ------------ - - - - - ADDITIONAL BUSINESS : --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE MEETING TUESDAY, AUGUST 7, 2007 7:00 P.M. City Hall Conference Room PRESENT: Alderman Joe Besco, Chairman Alderman Joe Plocker Alderman Jason Leslie Public Works Director Eric Dhuse City Engineer Joe Wywrot Jeff Freeman, EEI Tony Scott, Record Jim Urhausen, Raging Waves The meeting was called to order at 7:00 pm. by Joe Besco. Presentations: None. New Business 20. PW 2007-113 Raging Waves — Site work LOC Reduction #1 — This will move on to COW Consent Agenda. 23. PW 2007-116 Proposed Professional Engineering Agreements for Well and Water Tower Rehabilitation — This is for Well 4 and the water tower on Tower Lane. This will move on to COW. 1 . PW 2007-94 Water Department Report for May 2007 — This will move on to COW on Consent Agenda. 2. PW 2007-95 Water Department Report for June 2007 - This will move on to COW on Consent Agenda. 3 . PW 2007-96 Grande Reserve Unit 2 — Letter of Credit Expiration - This will move on to COW on Consent Agenda. 4. PW 2007-97 Grande Reserve Unit 12 — Letter of Credit Expiration - This will move on to COW on Consent Agenda. 5. PW 2007-98 Grande Reserve Unit 14 — Letter of Credit Expiration - This will move on to COW on Consent Agenda. 6. PW 2007-99 Grande Reserve Unit 15 — Letter of Credit Expiration -This will move on to COW on Consent Agenda. 7. PW 2007-100 Grande Reserve Unit 20 — Letter of Credit Expiration - This will move on to COW on Consent Agenda. 8. PW 2007-101 Grande Reserve Unit 23 — Letter of Credit Expiration (Landscaping) - This will move on to COW on Consent Agenda. 9. PW 2007-102 Grande Reserve Unit 23 — Letter of Credit Expiration (Site work) - This will move on to COW on Consent Agenda. Pa)ze 2 of 3 10. PW 2007-103 King Street Raw & Finished Water mains — Change Order #2 - This will move on to COW on Consent Agenda. 11 . PW 2007-104 Heustis Street — Ornamental Lighting — There was discussion about where the money would come for these lights. This will be brought back to committee in about 6 months. 12. PW 2007-105 In-Town Road Program — Heustis Street Trees — 4 trees have been removed because of the in-town road program. Several trees were removed over the years. There was discussion on the price of the trees. There was also discussion on taking trees from places where they would end up being torn out, such as in front of the Library when the Game Farm Road project begins. This will move on to COW as an FYI. 13 . PW 2007-106 In-Town Road Program — Construction Materials Testing Agreement - This will move on to COW on Consent Agenda. 14. PW 2007-107 In-Town Road Program — Sanitary Manhole Replacement — This would be a change order to the contract with R.A. Ubert Construction. This will move on to COW. 15. PW 2007-108 In-Town Road Program Phase 3 — Discussion — There was discussion whether the city should continue with more phases of the program. Roads to be worked on as well as funds will need to be identified. This will move on to COW for discussion and then come back to committee in September. 16. PW 2007-109 Yorkville Business Center Units 2 & 3 — Final Acceptance and Bond Reductions - This will move on to COW on Consent Agenda. 17. PW 2007-110 Rt. 47 & Wheaton Ave. Intersection Improvement — IDOT Hwy. Permit & Resolution — F.E. Wheaton will be funding this project. They will receive a rebate on the additional sales tax revenue. This will be a 3 way intersection with a traffic light. This will move on to COW on Consent Agenda. 18. PW 2007-111 Kendall Marketplace — IDOT Highway Permit - The permit that was issued today will be amended to allow full pedestrian access. This will go to COW as informational. 19. PW 2007-112 Kendall Marketplace — Earthwork LOC Reduction #1 — The Letter of Credit should have been $3,268,504.25. The city agreed to accept a Letter of Credit in the amount of $250,000 with the understanding they would obtain a letter of Credit for the balance upon closing on the property. The supplemental Letter of Credit was never received, and so the recommendation is not to reduce the existing Letter of Credit. This will move on to COW for discussion. 21 . PW 2007-114 Fox Hill Subdivision — Entrance Island Landscaping/Sycamore and Diehl Farm — This island was landscaped at one time, but the plants have all died. There was discussion on what to put there and what kinds of plants might survive. There was also discussion on who would pay to put it in and for the long term maintenance of it. It was thought some hardy plants could be moved from elsewhere in the city. This will go to COW as informational. Page 3 of 3 22. PW 2007-115 Whispering Meadows — Storm water Basin — The developer requested the pond design be modified to change the wetland portion of the pond into a shallow basin. This will go back to the developer with the 3 conditions that were outlined in the memo This will come back at a future date. 24. PW 2007-117 Signage on State Highways — Excessive Engine Braking — This will move on to COW. 25. PW 2007-118 APWA Congress — FYI — This will be in San Antonio September 8 - 12. 26. PW 2007-119 Sale of PW Equipment and Vehicles — There was discussion on trying out the sale of some of the items on E-Bay. Permission to sell these items will move on to COW. 27. PW 2007-120 Monthly Tool Inventory for PW — This is just informational. 28. PW 2007-121 Reimbursement for Dutch Elm Tree Disease — Discussion — The home owner will cut this tree down and pay the bill and the City will reimburse the homeowner half of the cost of cutting it down. This will come back to committee. 29. PW 2007-122 Whispering Meadows Unit 1 — Bond Reduction - This will move on to COW on Consent Agenda. 30. PW 2007-123 Whispering Meadows Unit 2 — Bond Reduction - This will move on to COW on Consent Agenda. 31 . PW 2007-124 Whispering Meadows Unit 4 — Bond Reduction - This will move on to COW on Consent Agenda. Additional Business There were updated that had been handed out on the Ward 2 committee meeting. There was discussion about the drainage on Tower Lane. Tower Lane is a common driveway. The city has most of the traffic on that driveway. There was discussion about taking it over as a city street. There was a problem getting a pump out of one of the wells. Twice it fell as they were trying to get it out. They will try again with a gripper and an expander. The meeting was adjourned at 8 :35 P.M. Minutes submitted by Laura Leppert `11 0 C/py Reviewed By: Agenda Item Number %J= a Legal ❑ �fV� ��lSIhQSS # Finance EST Engineer �� Tracking Number Q vj City Administrator F] Consultant ❑ ��1 7 CGS - j " 11� El 14 E Agenda Item Summary Memo Title: Provena-Dreyer Stormwater Basin Meeting and Date: September 4, 2007 Public Works Committee Synopsis: The developer has unsuccessfully attempted to seal this basin, and is looking to the city for guidance on how to proceed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Provide direction on how to proceed. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 2`��fJ cir o United City of Yorkville Memo a 'n 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 sl o w Telephone: 630-553-8545 Fax: 630-553-3436 'LE Date: August 6,2007 To: Bart Olson,Interim City A Iministrator From: Joe Wywrot, City Engineer Itr L�P-� CC: Marty Munns,Alderman Lisa Pickering, Deputy City Clerk Laura Haake, City Park Designer I Subject: Provena-Dreyer Stormwater Basin In response to Marty Munns' memo, be advised that we have been working with the Provena-Dreyer contractor(Leopardo)over the past year to resolve this issue. The water level of the pond is about 4 feet lower than it is supposed to be. The design pond called for it to be sealed to prevent water from infiltrating into the sand layer beneath,but infiltration is occurring. Several ponds in other developments have been successfully sealed on the north side of town where the sand layer exists,but this pond continues to infiltrate.Attached find a letter from Leopardo summarizing their efforts to resolve this matter. We last met with them on July I Ph. Possible options are: 1) Continue efforts to seal the pond. This will raise the water level several feet and eliminate most of the cattails in the center of the pond. Cattails will develop in the safety shelf around the perimeter of the pond. 2) Let the pond completely fill in with cattails and approve it in that condition.From an environmental prospective this is not a bad option,but the residential neighbors to the south may not like the appearance of the pond. 3) Revise the pond design to be an infiltration basin. This would require filling the basin with soil to a point about a foot above the existing water elevation. This would have similar environmental benefits as Option#2. Please place this item on the Public Works Committee agenda of September 4,2007 for discussion (E° Cl?. ° United City of Yorkville County Seat of Kendall County EST , I ` 1636 800 Game Farm Road o a ti Yorkville, Illinois, 60560 9 w� ��° Telephone : 630-553-4350 <LE % August 6, 2007 TO : Bart Olson - Assistant City Administrator Travis Miller - Community Development Director Joe Wywrot - City Engineer Eric Dhuse - Public Works Director FROM : Marty Munns - Alderman Ward 3 CC: Valerie Burd - Mayor Can someone please let me know what is going on with the pond behind the Dreyer building off of John Street? There is so much growth you can hardly see the water anymore. Also, the weeds along John Street are extremely tall, some are taller than our fire hydrants. This is a safety issue. This has been brought before at city council and the residents are not too pleased about our lack of efforts in keeping this area neat and clean . Please let me know ASAP what the problem is so I may contact the residents. Thanks, Marty Munns Alderman Ward 3 = % I HE Ml Leopardo COMPANIES, INC. teopordo Consirvo,on ICI Conshvction Manooemenr June 18, 2007 Mr. Rob Wagner Healthcare Development Partners 500 N . Michigan Avenue Chicago, IL 60611 RE: Dreyer Yorkville Pond Repairs Yorkville, IL Dear Rob: In an effort to resolve the low water levels in the Dreyer Yorkville pond, we have continued our pursuit and have undertaken the following course of action: 1 . July 2006: Tested pond liner (onsite clay material) and determined it was installed to +/- 2 ' depth as specified and confirmed that it has a permeability suitable for use as a pond liner (see TSC report dated 7/3/06). 2 . October 2006: Revised the pond inlets by removing rip-rap, injecting bentonite around structures, and re-installing filter fabric and rip rap. 3 . April 3 , 2007: Met on-site with TSC (testing agency), C.D. Chidester (project excavator), and Smith Engineering (project civil engineer) to discuss possible causes of reported leakage. 4. April 2007: TSC installed 4 monitoring wells around the pond to verify water levels in the pond as well as ground water levels around the pond. 5. April and May 2007: TSC has monitored the water levels before and after rainfalls, the result of which is summarized in the attached report dated 518/07. 6. June 2007: Seepage Control, Inc. visited the site (Arizona company) to propose a possible method to seal the pond bottom and side slopes. Copy of proposal in the amount of $23 ,032 .00 excluding labor is attached. The resources and costs expended by Leopardo to date has been substantial, yet still no cause can be identified nor method of repair guaranteed by any of the firms specializing in pond construction. TSC's report dated 5/8/07 slates that the liner is working and if the pond is leaking it is only doing so at a very slow rate. Leopardo remains committed in helping to resolve this matter, but in the meantime it may also be prudent to have Smith Engineering, Leopardo and HDP approach the Village of Yorkville to discuss other pond scenarios. Corporate Headquarters: Chicago Office: 5200 Prairie stone Parkway • Holtman Estates. Illinois 60192 333 West Wacker Drive • Suite 250 n Chicago. Illinois 60606 Tel: 847.783.3000 • Fax: 847.783.3001 Tel: 312.332.7570 • Fax: 312.332.7572 In Yorkville Pond Status Page #2 Should you have any questions regarding this correspondence, please do not hesitate to contact us. Sincerely, LEOPARDO COMPANIES, INC. ja ilson Project Manager cc: Mike Leopardo Matt Miller File h TESTING SERVICE CORPORATION local Offices: j 457 E Gunderson Drive, Carol Stream, IL 60188-2492 Local Office 630.6513920 • Fax 630.6532726 .. 209 Cleveland Street, Suite C, Cary, IL 60013-2978 July 3, 2006 84L516.0505 • Fax 847.516.0527 401 N. Riverside Drive, Suite 24, Gurnee, IL 60031 -5914 847.249.6040 • Fax 847.249.6042 Mr- Jay Nilson 203 Earl Road, Suite A, Shorewood, IL 60431 -9446 815144. 1510 - Fax 815]44. 1728 Leopardo Companies, Inc- 5200 Prairie Stone Parkway 8201 W 183RD Street. Suite C, Tinley Park, IL 60477-9249 Hoffman Estates, Illinois 6019 708292 0080 • Fax 78.4292144 2 .4 Re: L-661483 Provena/Dreyer Yorkville Yorkville, Illinois Dear Mr. Wilson. At your request, we have completed laborator% teStinn for HvdrnuliC Conductivity (permeability) of remolded soils representing the existing liner material at the detention pond for the captioned project. The laboratory testing fo X08 llowed the ASTM D 4 laboratorx- procedure. The sample was obtained from the northwest comer of the pond. The sort was described as brown sandy clad hayine a Unified Joil Classification of CL. The soil was remolded to a dry unit weigh[ of 103 . 2 pounds per CUblc 1601 at 3 moisture content of 20.6 percent. The permeability was found to be L9 x 10 em/sec. Permeability values in a range of l x 10 ' to Ix 10 cm scc are considered to represent very low permeability soils and values less than I x 10 cm.'Sec are considered to represent impervious soils. r Thcrefiare f 4s our professional opinion that the pond liner material should be considered as a ` smtabir.material for construction of a detention pond liner. It lla5 beef a piCasurC to assist yvn with t1:;S `.�Cr!i. I47 ?rp 2"-e gny rljieyhpnc Sincerely yours, TESTING SERVICE CORPORATION Thomas Morris, P-E . Vice President TM: sa Providing a Eall Range of Geotechnical Engineering, Environmental Services. and Cnnvtr rer;. " cr 4jq TESTING SERVICE CORPORATlO lOpJ Corporate Office: 360 S. Main Place. Carol Stream, Il 60188 -2404 DeKalb, Illinois 630.462.2600 • Fax 630.6533.2988 Local Office: May 8 , 2007 650 Peace Road. Suite 0. DeKalb. Il 60115 815.748.2100 • Fax 815. 748.2110 Mr. Jay Wilson Leopardo Companies, Inc. 5200 Prairie Stone Parkway Hoffman Estates, Illinois 60192 RE: L-681536 Existing Retention Pond Dreyer Medical Clinic 1500 Sycamore Road Yorkville, Illinois Dear Mr. Wilson: This letter presents results of the subsurface exploration performed in connection with the referenced project. These geotechnical services have been provided in general accordance with Testing Service Corporation (TSC) Proposal Number 38,053 dated April 5, 2007 and the attached General Conditions , incorporated herein by reference. The project site is located to the south of the Dreyer Medical Clinic at 1500 Sycamore Road in Yorkville, Illinois. It consists of an existing retention pond with inlets at the northwest, northeast and southwest corners, and an outlet at the southeast corner. At the time of the reconnaissance, the pond level was several feet below Normal Water Level (NWL), with the safety ledge exposed. It is understood through conversations with Leopardo personnel, the pond was constructed in 2005, and that its water level has always been several feet below the NWL of 632.20. It is the feeling of Leopardo that the pond may be leaking. In an effort to stop leakage, Leopardo arranged for the soils near the inlets and outlets to be grouted with injected bentonite, and a study was done revealing that a ±2 foot'clay liner to be present where it was checked. At the request of the Leopardo Companies, a total of four (4) soil borings were performed by TSC at the project site. Borings 701 -704 were performed at the north, east, south and west sides of the pond, respectively, generally at the uphill edge of the safety ledge. A piezometer (monitoring well) was also installed in each soil boring. Each 1 " pvc well extended to a depth of approximately 10 feet below existing grade. It was screened with a 0.010 inch slot screen which was packed with sand. The upper ±3 feet of each well was chipped with bentonite. A four-inch protector pipe was used, sticking up about 2% feet above existing grade. Reference is made to the enclosed Boring/Piezometer Location Plan for the approximate boring/piezometer locations. The elevations were referenced to the invert of the F. E.S_ at the northeast corner of the pond, assumed to be Elevation 631 . 92_ Providing a Furl Range of Geolechnicai Eneineerine. EnuironmFnlal xrrnira< ....e Existing Retention Pond - Yorkville, Illinois L-683536 - May 8 2007 The borings were drilled to a depth of 15 feet below existing grade. The borings were drilled and samples tested according to currently recommended American Society for Testing and Materials (ASTM) specifications. Soil sampling was generally performed at 2'/ foot intervals in conjunction with the Standard Penetration Test, for which driving resistance to a 2" split-spoon sampler (N value in blows per foot) provides an indication of the relative density of granular materials and consistency of cohesive soils. Water level readings were taken during and following completion of drilling operations. Soil samples were examined in the laboratory to verify field descriptions. and to classify them in accordance with the Unified Soil Classification System. Laboratory testing included moisture content determinations for all cohesive and intermediate (silt or loamy) soil types. An estimate of unconfined compressive strength was obtained for all cohesive soils using a calibrated pocket penetrometer. Dry unit weight tests were also run on samples of clayey fill_ Reference is made to the attached boring logs which indicate approximate subsurface stratigraphy and subsurface descriptions, results of field and laboratory tests, as well as water level observations. Definitions of descriptive terminology are also included. While strata changes are shown as a definite line on the boring logs, the actual transition between soil layers will probably be more gradual. Silty clay fill deposits were found at the surface of the borings, extending approximately 1 .5 feet below existing grade at Boring 701 and approximately 3.0 feet below existing grade at Borings 702-704. For the most part, the clay samples exhibited calibrated penetrometer strengths (Qp) in the range of 1 .0 to 2.5 tons per square foot (tsf) at moisture contents of 18 to 27 percent. The have an estimated Unified classification of CL Native sand (and gravel), and sometimes silt layers, were found below the clay fill in the borings, extending approximately 8 feet below existing grade at Borings 701 and 704. The sand and gravel with occasional sift and clay layers predominated below 3 feet in Borings 702 and 703. The silt, sand and gravel deposits were typified by N values ranging from 14 to 35 blows per foot (bpf), characterizing them as firm to dense. These deposits were sometimes described as silty or clayey. Free water was encountered in the borings while drilling at a depth of approximately 3 feet below existing grade. Upon completion, the water levels dropped to 7 to 9 feet below existing grade. The monitoring wells were installed in the borings on April 12, 2007. The wells were then developed on April 20, 2007. After development, the water level was measured on April 24, 2007 at elevations ranging from 626. 0 to 627. 8, with the pond at Elevation 628. 7. The water levels in the wells and the pond levels were also read on April 26, 27 and 30, 2007. Please refer to the attached table for the water level readings. Existing Retention Pond - Yorkville, Illinois L-683536 - May 8 2007 The water levels in the piezometers at all of the reading dates show that the water level at Piezometer 701 at the north side of the pond is generally 1 .3 to 1 .6 feet below the next lowest piezometer water level. This may indicate that the groundwater flow is toward the north. This is consistent with the heavy groundwater pumping at the Kendall Marketplace project on the north side of Route 34. he water level readings show that the pond water level is generally around 1 to 2.5 feet above the groundwater level in the piezometers. Between the April 24 and April 26 readings, the pond level rose 8 inches upon receiving about 2 inches of rain. After warm, windy and dry weather between the April 27 and April 30 readings, the pond level dropped about 0. 1 inches. About 1 . 5 to 3.0 feet of clay liner was found at the borings. The fact that the pond level is being held above the groundwater level shows that the liner is functional, or that the rate of leakage is being minimized. Also, the fact that the pond lost only about 1 inch of water over 3 warm, dry and windy days, while the Kendall Marketplace was dewatering, further supports the premise that the liner is functioning. Further readings are recommended over time. In particular, it would be useful to check readings if the pond were filled. If it is possible, it would be helpful if groundwater from the nearby construction site could be used to fill the pond. Then, the performance of the pond with the water level at NWL could be addressed. The information submitted in this report is based upon the data obtained from the four (4) soil borings and piezometers performed at the approximate locations shown on the Boring Location Plan. This report does not reflect any variations which may occur between or beyond these borings . We are available to review this report with you at your convenience_ Respectfully Submitted, TESTING SERVICE CORPORATION Steven R. Koester, P. E. Branch Manager SRK/jt L-68,536 - Existing Retention Pond, Yorkville, Illinois Measurement Water Surface Locations Date 4/30/2007 4/27/2007 4/26/2007 412412007 4/1212007 +10 am ±4 am ±3 Pm P701 626.65 626. 71 626.48 625.97 N/A (north side of pond T/PVC = 632.60) P702 628.21 628. 12 627.91 627.32 N/A (east side of pond T/PVC = 633.93) P703 628.38 628.44 628.32 627.71 N/A (south side of pond T/PVC = 633.34) P704 628.39 628.38 628. 08 627.82 N/A (west side of pond T/PVC = 633.61 ) Pond 629.22 629.32 629.32 628.68 628.94 P = Piezometer Note 1 : Dry weather between 4/12/2007 and 4/24/2007. Note 2: Piezometers were installed in Borings 701 -704 on April 12, 2007. Piezometers were developed on April 20, 2007. Elevations referred to Inv. of F.E.S. at the northwest corner of the pond, Elevation 630.72. Note 3: Over 2 inches of rain between 4124 and 4126 readings. Note 4: Minimal rain between 4/26 and 4/27 readings. Note 5: Warm, windy and dry weather between the 4/27/2007 and 4/30/2007 readings. GENERAL CONDITIONS Geotechnical and Construction Services TESTING SERVICE CORPORATION 1. PARTIES AND SCOPE OF WORK B Client is ordering the perform same shall not in any way operate or excuse any for its services on the project at time of completion), the limit services on behalf of arathef, Cfient represents and warrants contractor from the performance of its wort in accordance on damages shag be increased to $500,000 or the amount that Client is the duty authorized agent of said party for with its contract "Contractor" as used herein shall include of TSC's fee, whichever is the greater, This charge is not to the purpose of ordering and directing said Services, and in Subcontractors, suppliers, architects, engineers and he construed as being a charge for insurance of any type, such case the term "Client" shall also include the principal construction managers, but is increased consideration for the exposure to an award for whom the services are being performed. Prices quoted of greater damages. and charged by TSC for its services are predicated On the Information obtained frmn borings, observatiasand analyses conditions and the allocations of risks and obligations of sample materials shall be reported in formals considered 11. INDEMNITY: Subject to the provisions set forth herein, expressed in these General Conditions. Unless otherwise appropriate by TSC unless directed otherwise by Client. TSC and Client hereby agree to indemnify and hold harmless stated in writing, Client assumes sole responsibility for Such information is considered evidence, but any inference each other and their respective shareholders, directors, determining whether the quantity and the nature of the of conclusion based thereon is, necessarily, an opinion also officers, partners, employees, agents, subsidiaries and services ordered by Client are adequate and sufficient for based on engineering judgment and shag not be construed division (and each of their heirs, successors, and assigns) Client's intended purpose. Unless otherwise expressly as a representation of fact. Subsurface conditions may not from any and all claims,demands, liabilities, sum, causes of assumed in writing,TSC's services are provided exclusively be uniform throughout an entire site and ground water action,judgments. costs and expenses, 7npuding reasonable for client TSC shall have fro duty or obligation other than those levels may fluctuate due to climatic and other variations. attorneys' fees, arising, or allegedly arising, from personal duties and obligations expressly set forth in this Agreement. Construction materials may vary from the sampfes taken. injury,including death, property damage, including loss of use TSC shag have no duty to any third party, Client shall Unless otherwise agreed in writing,the procedures employed thereof,due many manner to the negligence of either of them communicate these General Conditions to each and every by TSC are not designed to detect intentional concealment or their agents or employees or independent contractors. in Party to whom the Client transmits any report prepared by or misrepresentation of facts by others. the event both TSC and Giant are found to be negligent or TSC.Ordering services from TSC shag constitute acceptance at IwA then any liability shag be apportioned between them of TSC's proposal and these General Conditions. 7. SAMPLE DISPOSAL- Unless otherwise agreed in writing, pursuant to their pro rata shareoi negligence a fault TSC and test specimens or samples will be disposed immediately Cfient further agree that their kabifrty to any third party shag, 2_SCHEDULING OF SERVICES: The services set forth in this upon completion of the test.All drilling samples aspecimn to the extent permitted by law, be several and not joint The Agreement will be accomplished in a timely and workmanlike will be disposed sixty (60) days after submission of TSC's liability of TSC under this provision shall not exceed the policy manner. If TSC is required to delay any part of its services report limits of insurance carried by TSC. Neither TSC nor Client to accommodate the requests or requirements of Client, shag be bound under this indemnify agreement to liability regulatory agencies, a third parties, or due to any cause 8. TERMINATION: This Agreement may be terminated by determined in a proceeding in which it did rut participate beyond its reasonable control, Client agrees to pay Such either party upon seven days priorwrtten notice- to event represented by its own independent counsel.Theindemnhes additional charges, if any, as may be applicable. of termination, TSC shall be compensated by Client fa all provided hereunder shall not terminate upon The termination services performed up to and including the termination date, a expiration of this Agreement, but may be modified to the 3. ACCESS TO SITE TSC shall lake reasonable measures including reimbursable expenses_ extent of any waiver of subrogation agreed to by TSC and and precautions to minimize damage to the site and any paid for by Clien improvements located thereon as a result of its services or 9.PAYMEN1 G t ientshall be imroiced perindicaltytorservices the use of its equipment however, TSC has not included in performed.Client agrees to pay each invoice within thirty (30) 12 SUBPOENAS.TSn employees shag not be retained as its fee the cost of restoration of damage which may occur. g days of its receipt. Client further agrees to pay interest on expert witnesses except by separate, written agreement. Client desires or requires TSC to restore the site to its former all amounts invoiced and not paid m objected to in writing Client agrees to pay TSC pursuant to TSC's then current fee condition, TSC will, upon written request, perform such for valid cause within sixty (60) days at the rate of twelve schedule for any TSC employee(s) subpoenaed by any party additional work as is necessary to do so and Client agrees (12%) per annum (or the maximum interest rate pemdted by as an occurrence witness as a result of TSC's Services. to pay to TSC the cost Thereof plus TSC's normal markup for applicable law, whichever is the lesser) until paid and TSC's overhead and profit costs of collection of such accounts, including court costs 13. OTHER AGREEMENTS: TSC shall not be bound by and reasonable attorney's fees. any provision or agreement (i) requiring or providing for 0. CLIENT'S DUTY TO NOTIFY ENGINEER: Client represents arbitration of disputes Or controversies arising out of this and warrants that Client has advised TSC of any known or 10. WARRANTY: TSC's professional services will be Agreement or its performance, if wherein TSC waives any Suspected hazardous materials, utility lines and underground performed, its findings obtained and its reports prepared rights to a mechanics lien or surety bond claim, (Iii) that structures at any site at which TSC is to perform services in accordance with these General Conditions and with conditions TSC's fight to receive payment for its services under this agreement. generaftyacceptedprinciplesandpractim. lopedormingils uponpayrnentmGientbyanythirdpartym(w) OWrequires pro(essiofnalsefvices,TSC will use that degree of care andskfil TSC to indemnify any party beyond its own negligence These 5. DISCOVERY OF POLLUTANTS: TSC's services shall not ordinarily exercised under similar circumstances by members General Conditions are notice,where required, that TSC shall include investigation for hazardous materials as defined by of its profession. In performing physical work in pursuit of file a lien whenever necessary to collod past due amounts. the Resource Conservation Recovery Act 42 U.S.C.§ 6901 , its professional services, TSC will use that degree of care This Agmement contains the entire understanding between et. seq., as amended ("RCRA") a by any state a federal and skill Ordinarily used under similar circumstances. This the parties. Unless expressly accepted by TSC in wrilfng statute or regulation_ In the event that hazardous materials waranty is in lieu of all other warranties a representations, prior to delivery of TSC's services, Client shag nut add any are discovered and identified by TSC, TSC's sole duty shall either express or implied. Statements made in TSC reports conditions or impose conditions which are in conflict with be to notify Client, are opinions based upon engineering judgment and are not those contained herein, and fro such additional or conflicting to be construed as fepresentafiuns of fact. terms shall be binding upon TSC. The anenforceabil ty or 6. MONITORING: If this Agreement includes testing invalidity of a construction materials orobservi an as ddY any provision n pmwsufs shall trot render any m9 Y Fetter so nel will Should TSC a any of its employees r found to have been other provision or provisions unenforceable or invalid. This of improvements,the is prop properly located an personnel sized t meet negligent in performing pmfessiornal servicesolohaveroade Agreement shag be construed and enforced in accordance verity that the patl is property located and sized to meet and breached any express a implied wananty, representation with the laws of the State of Illinois. In the event of a dispute Client's projected building loads, Client shall cause all or contract, Client all parties claiming through Client and arisingoutotarelagng to the performance ofthisAgreemeut tests and inspections of the site, materials and work to all parties claiming to have in any way relied upon TSC's the breach thereof or TSC's services, tlne parties agree m be timely and properly performed in accordance with services or work agree that the maximum aggregate amount try in,gond lath to settle the dispute th mediation under the plans, specihcadons, contract documents, and TSC's of damages for which TSC, its officers,employeesand agents the Construction Industry Mediation Rules of the American recommendations. No claims for loss, damage or injury shall be liable is limited to $50,000 Or the total amount of Arbitration Association as condition precedent to firing any shall be brought against TSC unless all tests and inspections the fee paid to TSC for its services performed with respect demand for arbitration,Or any petition Of complaint with any have been so performed and unless TSCs recommendations to the project, whichever amount is greats. court Should litigation be necessary, the parties consent to have been followed. jurisdiction and vemu in an appropriate Winuis State Court in In the event Client is unwilling or unable to Had the damages and for the County ofDuPage,Wheaton,Illinois or the Federal TSC's services shag rut include determining a implementing forwhich TSC may be gable in accordance with the provisions; District Court for the Norfhem District of Illinois. Paragraph the means, methods, techniques or procedures of work set forth in the preceding paragraph, upon written request headings areforcowerienceordy andshaft notbe construed done by the contracto(s) being monitored a whose work is of Client received within five days of Churl's acceptance of as limitinng the meaning of the provisions contained in these being tested. TSC's services shag not include the authority TSCs proposal together with payment of an additional fee General Conditions_ to accept a reject work or to in any manner supervise in the amount of 5% of TSC's estimated cast for its services the work of anv cnntrartnr TSC'c mP�oc „r rya..... r_ f_ ._ ". .. _.. TESTING SERVICE CORPORATION UNIREO CLASSIFICATION CHART CRITERIA FOR ASSIGNING GROUP SYMBOLS AND SOIL CLASSIFICATION GROUP NAMES USING LABORATORY TESTS a almost GROUP NANO System. - GRAVELS Co2 a and I < Cc < O e More Then 50% CLEAN GRAVELS 3 Got Welf graded grovelf 0 of coo,ve Levy than 5 % j t $salon ieloinea to we C Co A and/or I> Cc 3 e GP pmarlf graded grovelf Qa Na. 4 sieve GRAVELS WITH Fines classify as ML ar MH GM SiITT gravel 1,9 ,11 W FINES More than IZ% finest Fine' Gassif) at CL or CH GC clever gravel r, q•h ot ¢ - _ SANDS CLEAN SANDS Ca a 6 and I _ CC �3 x SW Well-graded sand 1 az 50 % or mare Less them 5 % of 0 is oft of repose fines it Ca ° 6 omd/ or 1 � Cc � 3 e SP Poorly pmded soM 1 yor fraction pace _ No. a SANDS WITHFINFS Finds classify 03 ML ar MH SM SING Sand y n•1 Mare than 12 % E were flnead Fines clossifT as CL or CH SC Clayey sand q• h,f P 1i) and plats a of phone SILTS D CLAYS _J Use j CL Leon clay L!. M m Liquid limit Inorganic m2 Ina spas 50% PZc6 of plays below A � bid 1 ML Silte1•m on 5 O e Organic Liquid limit - a," dried OL Orgnic clay Liquid limit - not dried ° O. )5 Organic silo s'". Q p P I Dtots on or above "n" line CH For cm y 1 SILTS B CLAYS ) v be I Z E Liquid limit penis 0 50 % oraore PI pmts below "C line MH Elastic sin e1•"' e a Organic Liquid limit - rn do<0 Liquid limN c0- )5 OH organic rlp y tJ,m, D Organic sm kJ,m, q Highly organic soft% Primarily vgomc meryegdarx on color, and is a.gan odor PT Peat a. Based mane comment povup vex 3-in V5 -mm1 sw _ b. lf field sample cmemned "I"YS nd/v bautden,edd a °wdn <oMln nd/or noulden 1. N AfterDny Limits plat in patched ar oa is a to grwp some. CL- ML, silty cloy. area. x C. GraveN wish 51a 12 % floes require deal s)mbas e.n spit Cntility 15 1e 29 % Plus few 200,odd '•.itnzuW Get -GM welt needed gravel wine v11 With gra.N.r incnerer rs predwaiamlt GW-GC w Il yroded 9roeN wisp daF L U sad Corridors r 30 % Play few 200, predominantly 6P - GM Deerty yreded 9rovef wiT srlt _ nt ) smd, GP- 6C poor.) graded 9....l is cloy add sandy m primp name . d. Tones with 5 % to 12 :(, fines regJrt dual m- It suit cmdoins=3O ;(splits Na200,predom:matt, grovel, SW-SM well funded send with sAl xTnpalS add gravelly" ra group nans- SW-SC "it graded sand with clay n- PI ?q and Dlolsn a m abeyline, SP-SM PO" graded sand wish slay n PIi a ar plats bHr a I:ne. SP-SC pnn) graded Bond rin clay D. PI pleb m above ve lint. gPZ Plots belor -A line _ e. Ca -p6O/DID Cc s to qn n 060 L P sail Cmdpins? ICL- se.a,adaolls seen.to GC GW.S -S o. If fines Ponar o c.ado ,use dual :,noel GC -GM,SC-Say. I If fines m pup ads,add .yep organic ltn gravel.ea t a m i N soil cwnama 2 rs °,( grm.el,ada"wHp re grow wmn- co 50 `E eJ Oa O0 Op .p 0 30 Z ^20 MH OR O e- / OP G� t0 ML 0 OL - ML s _ 0 TESTING SERVICE CORPORATION LEGEND FOR BORING LOGS a f s FILL TOPSOIL PEAT GRAVEL SAND SILT CLAY DOLOMITE SAMPLE TYPE: SS = Split Spoon ST = Thin-Walled Tube A = Auger FIELD AND LABORATORY TEST DATA: N = Standard Penetration Resistance in Blows per Foot We = In-Situ Water Content Ou = Unconfined Compressive Strength in Tons per Square Foot Pocket Penetrometer Measurement; Maximum Reading = 4.5 tsf yD = Dry Unit Weight in Pounds per Cubic Foot WATER LEVELS: V While Drilling V End of Boring V 24 Hours SOIL DESCRIPTION: MATERIAL PARTICLE SIZE RANGE BOULDER Over 12 inches COBBLE 12 inches to 3 inches Coarse GRAVEL 3 inches to 3/4 inch Small GRAVEL 31 inch to No. 4 Sieve Coarse SAND No. 4 Sieve to No. 10 Sieve Medium SAND No. 10 Sieve to No. 40 Sieve Fine SAND No. 40 Sieve to No. 200 Sieve SILT and CLAY Passing No. 200 Sieve COHESIVE SOILS COHESIONLESS SOILS CONSISTENCY Ott RELATIVE DENSITY N Very Soft Less than 0.3 Very Loose 0 - 4 Soft 0.3 to 0.6 Loose 4 - 10 Stiff 0.6 to 1 .0 Firm 10 - 30 Tough 1 .0 to 2.0 Dense 30 - 50 Very Tough 2-0 to 4.0 Very Dense 50 and over Hard 4.0 and over MODIFYING TERM PERCENT BY WEIGHT Trace 1 - 10 Little 10 - 20 Some 20 - 35 PROJECT Existing Ret_ Pond, ProvenalMercy Med. Ctc, 1500 Sycamore St., Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois BORING 701 DATE STARTED 410-07 DATE COMPLETED 410-07 JOB L-681536 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 630.1 Q WHILE DRILLING 3.0 END OF BORING 615.1 Q AT END OF BORING 8.5 a ® 24 HOURS xw F > Z 0 SAMPLE W a NO. TYPE N WC Ou YDRY DEPTH ELEV. SOIL DESCRIPTIONS 0 FILL - Brown and dark brown silty CLAY, little to some sand, trace gravel, trace - A SS 5 78.0 2.5' 106 LS 628.6 organic, moist (CL) B 5.0 Loose light brown medium to fine SAND, trace gravel, slightly moist (SP) 3.0 627.7 2 SS 14 Firm light brown SAND, some gravel, trace silt. wet (SP) 5 5.5 624.6 Firm light gray silty medium to fine SAND 3 SS 17 152 and sandy SILT layers, trace gravel, very moist to wet (SM/ML) 8.0 622.1 H p w w 4 SS 8 11.0 os' Soft light gray very silty CLAY, trace to little z 10 sand, trace gravel, very moist (CL-ML) H w U� 10.5 619.6 a 5 SS 27 11.7 4.5+' o Very tough to hard gray very silty CLAY, little sand, trace gravel, occasional silt seams, moist (CL) w V Q 6 SS 17 12.4 3.0' 15 H Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 0 c°e 'a u m 25 "' Divisiwr lures between depovls represent r_ � _� ., _ . 1 .,. PROJECT Existing Ret. Pond, Provena/Mercy Med_ Ctr_, 1500 Sycamore St, Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois LEM BORING 702 DATE STARTED ¢10-07 DATE COMPLETED ¢10-07 JOB L-681536 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 631.3 0 WHILE DRILLING 3.0 END OF BORING 616.3 Q AT END OF BORING 9.0 ® 24 HOURS xw F > y CU) SAMPLE w W N WC QU 7DRY DEPTH ELEV. SOIL DESCRIPTIONS 0 a 0: NO. TYPE FILL - Brown silty CLAY, trace to little sand, I Ss 7 22-5 t .o- 100 trace gravel, trace organic, very moist (CL) 3.0 628.3 2 ss 13 Firm yellow-brown and light brown SAND and GRAVEL, little silt, wet (SP-SM/GP-GM) 5 ' 5.5 625.8 Firm light brown medium to fine SAND and 3 Ss 27 GRAVEL, trace silt, Occasional Cobbles, wet (SP/GP) F ® 8.0 623.3 W ` a ss 16 1as V Firm light gray clayey SILT, little to some z sand, trace gravel, occasional sand seams, 10 moist (ML) w v w 10.5 620.8 a 5 SS 20 13.5 4.5+* Hard light gray very silty CLAY, trace sand o and gravel, moist (CL) a m - 13.0 618.3 w z Dense light gray medium to fine SAND, wet F 6 Ss 44 (SP) N 15 H Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 u U 4 O m w 25 i Division lines between demsd< rrnrr�nr — _.. PROJECT Existing Ret. Pond, Provena/Mercy Med. Ctr., 1500 Sycamore St Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois BORING 703 DATE STARTED ¢10-07 DATE COMPLETED 410-07 JOB L-681536 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 630.9 V WHILE DRILLING 3.0 ' END OF BORING 615.9 0 AT END OF BORING 8.0 a j 24 HOURS xw h > 00 SAMPLE a a NO. TYPE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS 0 FILL - Brown and light brown silty CLAY, 1 Ss 5 27.2 1.5' 97 trace to little sand, trace gravel, moist (CL) 3.0 627.9 2 ss 10 Firm light brown medium to fine SAND, trace gravel, trace silt, wet (SP) 5 5.5 625.4 3 SS 17 ® Firm light brown SAND and GRAVEL, little silt, wet (SP-SM/GP-GM) w — w 4 SS 15 Z t0 ®_ w Q 10 5 620.4 CL a 5 SS 29 Firm light brown silty SAND and GRAVEL, 3 occasional Cobbles, wet (SM/GM) 0 a w 13.0 617.9 m Hw Dense light gray medium to fine SAND, little s ss 35 silt, wet (SP-SM) 15 H w Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 e U F h C] 0 0 25 "', Division lines between deposits represent r_ .. _ � .. . . _ _. PROJECT Existing Ret. Pond, Provena/Mercy Med_ Ctr., 1500 Sycamore St., Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois BORING 704 DATE STARTED 410-07 DATE COMPLETED 410-07 JOB L-681536 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 631 .2 0 WHILE DRILLING 3.0 END OF BORING 616.2 Q AT END OF BORING 7.5 a ® 24 HOURS x W r+ U v0 SAMPLE a W NO_ TYPE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS 0 Firm brown silty CLAY, trace to little sand, I SS 3 23.0 1.0' trace gravel and organic, very moist (CL) ® 3.0 628.2 2 SS 18 Firm light brown SAND and GRAVEL, tittle silt, wet (SP-SWGP-GM) 5 5.5 6257 3 ss 18 Form light gray sandy SILT, trace gravel, very Q moist (ML) 8.0 6232 H W W 4 SS 15 93 4.0' z 10 W U a Hard light gray very silty CLAY, little to some s ss zs 8.2 4s+ sand, trace gravel, occasional Cobbles, a moist (CL) O a w m W U z� 6 SS 29 7.9 4.5+' � 15 0 Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 U F u' ('J 25 Division fines between d eposits represent ISPU 211 _► s? 37 r fi37 80 6 it 201 ` 37 10, s ' DR EYER 3 s F ' ET. Poti s31 S , 3q 100 63c . 1 / 2W c) dCr1Ile, Yi e AY 2007 PROPOSED i ! r SiSdWENTAnON ,, '---\ { N6 f = 1 i PcEa0HETER ' 4- Gockri . , 3 ! 2 f PRO�osEO nE1FNnoKP40ND __-- i ` HML = fiSi& 2 4n J NK = 6.72.20 ry Ili 3 WrIp'siza.- 6-33 13 i le MBO I i 1 F Pagel of 2 Jay G. Wilson From: Shawn Walstad fshawn @seepagecontrol.coml Sent: Wednesday, June 06, 2007 3: 12 PM To: Jay G. Wilson Subject: RE: Yorkville Pond pricing Attachments: WB-SO Combo Specs.pdf Jay, Thank you for your quick response. The price breakdown below is for a shipment delivered to your address in Hoffman Estates, IL. A total of twenty-nine drums will be shipped and applied, and the actual freight price will only vary by a little bit, depending on the actual shipping address. The price breakdown for this pond is as follows: ESS-13 for a Spray-On application on the upper shoreline ( 1 ,080 linear feet of slope) _ $9,072 ESS- 13 for a Waterborne application on the bottom 1 /2 of the pond area - $ 10,010 Supervision and airfare for this application _ $2, 100 Freight to the site (estimate) 1 850 pDpI�ELIf� , SPSE3i Gf ' - This price does not include the equipment and operators necessary to spray the ESS-13 on the soil, and the labor to prep the area around pipes, etc. I have attached application information for both methods in a pdf file. Please respond here with any additional questions, or please call me on my cell at 480-797-7341 . Either way, I look forward to the potential of working with you soon! Thank You, Shawn Walstad Sales Manager Seepage Control, Inc- 480-797-7341 (cell) From: Jay G. Wilson [mailto:JGWilson @leopardo.com] Sent: Tuesday, June 05, 2007 8:01 AM To: shawn @seepagecontrol.com Subject: Yorkville Pond pricing Page 2 of 2 Shawn Got your voice mail and will look for your pricing today. Jay. G. Wilson Project Manager Leopardo Construction 5200 Prairie Stone Parkway Hoffman Estates, !L 60192 (847) 783-3528 ojtce (630) 675-4703 cell (847) 783-3529 fax igwilson(a leooardo com www. leopardo. com I 4° x y A p. N 4 �( tt tt�Ne i "(dt i^ coc 3 " .�[�,•Yi � ififW i�gy •i X 4 ] Ai s fit i c j E ilf Q a+� J i MZ S° K a e T� z s E Q� m yet a 7 �Vji< ` j !c � W �1iv _ <' 3 t iCal O �Vy i�t hH a .�T°s ..... �•� °its t r P j - I " mix i' d .E . '"`' .....� rsa y � O1 g4 u . 9§q}E�y � 31i -{sSaa„ h W C C m O O o H o (D) a ° 4 ry " N ° m >_ v U = Y Mr, v -o `w c N `� E v o s v a N o > v c 3 v o Vol E s N .�. o -0 o h � E p L 9 d m O L L m O V Ol V N v E A .— p N +� CL 0~ L D _ N ,- o E ui L v o o m CL v o o vv 3 0 +' Y N > %a _ o > �' v L W 3 w ai C C O C < Y � -O J yL.. 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N v i a O -N ,n t N O v C � s O Y t ° -O _ 3 O ex'e'c ' e . .. a > > d Q alb# - Via. C ro w 3 > > c ° C °- > `51t- 0 a 0 O V > Q O E ^ 4) CL T ai O Q _ Ol c .-. rn E m c > s 3 O Y c o E o c E v n o 0 D -0 n p o o _ - a 0 N 0 3 N N C v o o- v Q y o ao a v v t J > s a v a E Y o Y Lij QJ VC 76 w N 3 ; r0 O "Y ° rp O 0 -C a= c > c v c o E o P f v p > ¢ m a c E ° T; m N a p (ice N y O W._ > r0 V •" !_' m ¢ r r '; ' `av C w >. =1 ° > u rn o .-c E Y v a °J -O N V 1y0 ,� ... CO O w > C > .Y N O Qt Y L �`- N p t O -C a > a N °1 O YO C t 0 0 m V o o � o o > o 0 E aai p T : � > p ' q N O > n' Y O .O ak N C > : C V Ol OC 7 -0 O � O N w V = V a o Q � o > Eo p 3w 3 � s T a ° V > > . :o o o Oi v A _ a C > O a C U i > j 0 v> O _ ,n y- v O 7 Q .n O y C O y -O rn > ,.:0 a O r� ; Q- a Y V T c 41 m n Y -0 > > as > c t ° o T alA . 3 m m O -0 H > y m - O > c o ' > a O a — ai Q 1 NJ 1 ° ' E o c o v y t H Y N C y U w V 'p V 0 N i •• � U E m O O E .n m O a -p D T L1 a N co > > 1] E to > O ti C :m s v -V °- ,D c uNi � a ° Q O 3 1 m o a > `�(pD C/py Reviewed By: Agenda Item Number ZO O(% Legal ❑ , Finance F1 EST. � 7836 i Engneer 2' 7 Tracking Number O City Administrator ❑ 9 —4— O Consultant ❑ ❑ 1vv <k E \\. Agenda Item Summary Memo Title: Grande Reserve Unit 12—Letter of Credit#585960 Meeting and Date: September 4, 2007 Public Works Committee Synopsis: The site development LOC is due to expire on Nov. 11,2007. Recommend Authorizing the City Clerk to call the LOC if it is not renewed by Nov. 11, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the letter of credit if it is not renewed by November 2, 2007 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo J : ' 800 Game Farm Road ® 1636 Yorkville, Illinois 60560 .cam Telephone: 630-553-8545 o� � `20 Fax: 630-553-3436 <GE Date: August 20,2007 To: Bart Olson, Interim City A ' istrator� From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City C erk Subject: Grande Reserve Unit 12—Letter of Credit#S585960 Attached find a notice from LaSalle Bank that the letter of credit for the site development permit for Grande Reserve Unit 12 will expire on November 11, 2007. This letter of credit, currently in the amount of$52,868.53, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed,and I anticipate that it will.In the meantime,however,I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to November 2,2007. Please place this item on the Committee of the Whole agenda of September 4,2007 for consideration. ,MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABU AMRO GROUP MEMBER OF THE ABN WHO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMPO GROUP MEMBER OF T3 & L ASALLE BANK hL, Ae CHICAGO, IL 60661 SW1FTv L._ASL.US44 z m w AUGUST A:3, 007 3 O 3 UNITE IL CITY CIF YORcVIL.LE:. m 800 GAME L=ARM RD YORKVILLE , - IL. £30560 13 O , 0 I � O 3 OUR RFFERENCEm 9585960 0 9 IN ACCORDANCE WITH THE TERMS AND CONDITIONS CLF THE ABOVE m REFERENCED LETTER OF CREDIT, , 'THIS IS TO ADVISE YOU THAT- THE CREDIT WILL_ EXPIRE ON NOVEM8ER . ii , 2007 ¢ 0 a CI]i* PuTER GENERATEX NO SIGNATURE Rl"."Q 1IRED 0 CC a PASQUINELL. 1 —BRANDE REEGERUE LL..0 m 6880 Nn FRONTAGE RD. , C:I :1ITE. 100 BURR " R D654 IL. 605;F7 9 v,o 13 m 0 13 0 o � m ¢ � o i m _ s`z r 3 Q 0 O f O � v 3 O 33 U O O a D I19 O V:O f> F O 3 O 3 ¢ IO 4 Q ym 3 £ S0 � 9 f3 O 3 a 0 O F Q D p3 O 0 9 � z0 '130 N3BA3A dR000 CRAM REV 3H1 d0 FGUN3w d0OH0 OHAV RUB ART AO H33AW1 dn000 OHNIV NBtl 3H1 d0 H36POA anOUD OHAV N8V 3H1 d0 H3BA3A dOOHO OUAV NBtl 3H130 H3BA3A dROHO OHAV NBV 3H130 H300130 Reviewed By: Agenda Item Number O O n Legal ❑ 1836 EST. Finance p ❑ Engineer � ZA.,I Tracking Number 4 y City Administrator ❑ 9 y`?O Consultant ❑❑ 1) Val Agenda Item Summary Memo Title: Grande Reserve Unit 13 —Letter of Credit#585959 Meeting and Date: September 4, 2007 Public Works Committee Synopsis: The site development LOC is due to expire on Nov. 11,2007. Recommend Authorizing the City Clerk to call the LOC if it is not renewed by Nov. 11, 2007, Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the letter of credit if it is not renewed by November 2, 2007 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ClT o United City of Yorkville Memo J o " 800 Game Farm Road ME = 1836 Yorkville, Illinois 60560 -4 ` Telephone: 630-553-8545 ' Fax: 630-553-3436 <<E `w Date: August 20, 2007 To: Bart Olson,Interim City A 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cle Subject: Grande Reserve Unit 13—Letter of Credit#S585959 Attached find a notice from LaSalle Bank that the letter of credit for the site development permit for Grande Reserve Unit 12 will expire on November 11,2007. This letter of credit, in the current amount of$66,340.40, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime,however,I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to November 2,2007. Please place this item on the Committee of the Whole agenda of September 4,2007 for consideration. e aMEMBER OF THE ANN AMRO GROUP MEMBER OF THE ANN AFRO GROUP MEMBER OF THE ABN AMRO CROUP MEMBER OF THE ANN WHO GROUP MEMBER OF THE ANN AMRO GROUP MEMBER OF THE PEN AMRO GROUP MEMBER OF T3 L-At']ALL.rz BRINK No Av / m 340 W . MADISON i`6-1 H F-LJ[)it � � � C,FIIC.Aom I. _ 60LE3 �.q w SW Ef=T"s LABL IUS44 CE L_.; 1 12-904-8 462 0 AUGUST 03 , 2007 p (3 UNITED CITY OF YORMVII..LE 800 GAME FARM RD YORKVILLE , IL (i0`.60 OUR REFERENCEm 1585959 o ¢ ;0 _ a a 3 p � 0 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ALCOVE REFERENCED LETTER OF CREDIT , THIS IS TO ADVISE YOU THAT THE CREDIT WILL EXPIRE ON NOVEMBER 11 , X007 ,, d r.FlmF- i.ITEa GENERATED m NO SIGNATURE_ REQUIRED p 9 o F:C ; �aWS'lUlNF_LL [ - GRANDE REK'SEt�VE Li .[ m 6880 No FRONTAGE AG RD, SUITE 100 BURR RIDGE , IL 60527 o � � o � ,. .-.. i .. , .._ . . . ,. . � . . .� o ? m ° v o i z p M ¢ x z a s >z a ~ !3 ° EO O F 3 O 3 i0 m ° 0 D 3 O Q E 0 � v 3 O 3 ¢ 1'O m D � n r3 O O 0 Cl HO HR9VIAN dRONO OHAV NOV ANT d0 NAGNAW dROHO ONWV NOV ENT i0 VESOEW dOOUO ORAV NOV ENT HO U39013W d00NO OUAV NOV 3H1 i0 REBHAN dROHO OHWV NOV 3H1 d0 HIMNRA 8OOG9 OUWV NOV 3H1 40 HaOGAN' D C/r` Reviewed By: Agenda Item Number O J T Legal ❑ li l'`n ;Cu r';- ESL , Finance 1836 ❑ I1 Nl,'' Engineer Tracking Number 0 y City Administrator ❑ Consultant ❑ ❑ <CE \\. Agenda Item Summary Memo Title: Grande Reserve Unit 13 — Site Inspection LOC Reduction No.I Meeting and Date• Sept. 4, 2007 Public Works Committee Synopsis: This reduction to the letter of credit is based on lots successfully closed out. Recommend a reduction of$15,750. Remaining amount would be$31,500. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/Tye United City of Yorkville � 1a36 County Seat of Kendall County 800 Game Farm Road �9 o Yorkville, Illinois, 60560 <LE Telephone: 630-553-8528 Fax: 630-553-3436 Website: www.vorkville.il.us Date: August 10, 2007 To: Joe Wywrot, City Engineer From: Jennifer Fischer, Engineering Administrative Assistan t Subject: LOC Reduction Request/ Pasq/ GR U-13 Pasquinelli Homes has submitted a request for a reduction of their Letter of Credit number S594168 ($47,250.00; expires 10-18-07; covers final inspections), in the amount of $23,250.00. Based upon my review of the progress of Unit 13, I recommend a reduction in the amount of $15,750.00. When discussed with the field foreman, it was understood that these letters of credit were intended to cover the escrow amounts for only the most common failed items, but that the inspection forms would reflect actual results with those dollar amounts customarily tied to the improvements needed, for tracking purposes for future units. It appears as though Pasquinelli's reduction request has been based upon those inspection form dollar amounts, not the agreed upon amount per building; please see calculations below, used to determine my recommended reduction of $ 15,750.00: Unit 13 = 9 four-unit buildings Failed grading = $3000/building Failed b-boxes = $500 Total = $3500, multiplied by 1501/o _ $5250 per bldg, multiplied by 9 bldgs = $47,250 LOC amount Number of bldgs completed (inspections logs closed all passing): 3 3 bldgs done, multiplied by $5250 each = $15,750.00 Amount of LOC remaining after reduction of $15,750 = $31,500.00 0 110 Homes , LLC Phone (General 630) 325 4500 Fax. No. (630) 325-0935 535 PLAINFIELD ROAD SUITE E Closing Department Phone (630) 325-0440 WILLOWBROOK, IL 60527 Fax. No. (630) 325-2219 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn Ms. Jennifer Fischer Dear Ms. Fishcer: Pasquinelli Homes is requesting a reduction in our "Letter of Credit' for the Commons at Grande Reserve units #13 and #14 in neighborhood 3. The first unit #13 has 5/4 unit buildings, we request the reduction amount of $23,250.00 and unit #14 has 614 unit buildings we request the reduction amount of $ 12,875.00. Please process our request at the next scheduled council meeting and return your response in writing to: Pasquinelli Homes LLC 535 Plainfield Road Suite "E" Willowbrook, IL 60527 Attn: Paul Moravec Area Construction Manager If you have any questions, please feel free to contact me at 630/325-4500 Ext. #2178. Sincerely, Paul Moravec Area Construction Manager Pasquinelli Homes, LLC Page 2 UNIT #13 — COMMONS BUILDING 1 THRU 9 L.O.C. $475250.00 BUILDINGS #3 4 unit @ $3,000.00 per unit = $12,000.00 #4 4 unit @ $3, 187.00 per unit = $12,750. 00 #5 4 unit @ $3, 150.00 per unit = $12,600.00 #6 4 unit @ $3, 150.00 per unit = $ 12,600.00 #7 Out Lot = $ 12,000.00 #8 Model Sales Complex = $ 12,000.00 #9 4 unit @ $2 ,625. 00 per unit = $10,500. 00 Total $60,450.00 L.O.C. $47,250.00 $12,000 per bldg — 7 & 8 $249000.00 Reduction Amount $239250.00 UNIT #14 — COMMONS BUILDING 10 17 13w 569 57, 58 L.O.C. $47,250.00 BUILDINGS #10 4 unit @ $5,096.25 per unit = $20,385.00 #11 4 unit @ $2, 188. 12 per unit = $8,752.50 #12 Slab Foundation Hold $0 #13 4 unit @ $2,752.00 per unit = $11 ,010. 00 #55 Gen X, Y, Z different plan $0 #56 4 unit @ $2,898.75 per unit = $11 ,595.00 #57 4 unit @ $2,711 .25 per unit = $10,845.00 #58 4 unit @ $2,467.50 per unit = $9,870.00 Total $723457.50 L.O.C. $285875.00 $8,000 per bldg — 12 & 55 $16,000.00 Reduction Amount $12,875.00 PASQUINELLI LaSalle Bank AB N A M R O LaSalle Bank NA 15255 S. 94b Avenue, Suite 300 Orland Park, IL. 60463 (708)428-4037 fax (708) 428-4033 October 12, 2006 Pasquinelli-The Commons, LLC Attn. : Mr. Don Carter 6880 N. Frontage Road Suite 100 Burr Ridge, IL. 60527 Re: Issuance of Standby Letters of Credit To Whom It May Concern: Please accept this letter as confirmation that LaSalle Bank is in the process of issuing two Standby Letters of Credit for the benefit of The United City of Yorkville as follows: Unit 13 improvements totaling $47,250 Unit 14 improvements totaling $28,875 A draft of each L/C will be released tomorrow, Friday October 13, 2006, by the end of business with the final L/Cs being issued on Monday, October 16, 2006. LaSalle Bank is also confirming that Pasquinelli-The Commons, LLC has the available credit facility and firm commitment from LaSalle Bank for these two L/Cs. If additional information is required, please contact me at 708-428-4037. Sinc ely, G. Arnold Senior Vice President LaSalle Bank Commercial Real Estate Division 26 = I 23 24 22 25 WEST MILLPROOK CIRCLE ..11 2-�'.5f 21 0,9, 30 13 12 � 5 5 J� 20 HATCH COU RT \` 14 4 ff 15 11 3 � 4� ....�,�--..._....>._ _ 19 17 10 10 9 150 51 52 53 56 1 i6 3056 9 IS ---CROOKER DRIVE / A } 90 1x to 0 II 19 tI % pRDp fl' G uu kFR Is 45 K � ".fl Lfl 13 3] .15 0 tx A ., 3 ti r 4 „ It O \ 39 1 dx 1 y 33 � SRp�CER Fr ., p 40 A •l �� 5 . x _ l e" y wm 2y Acr c��iy 'rJ . v i i y� I UG Iq : t a U' I Gil, !it ; � ! 3 ' ; . , lY� Joe, �MEMBEq OF TfE gBN;9Mft0 GPOUP MEMEEq GF THE ABN gMRO GgOUP MEMBEq OFTHE ABN gMEO GgOUP MEMBEq OE T1E ABN gMpO GflOUP MEMBEK�IF iH8A8N q 0 GfiOUP MEERiHE geNgOUP MEM9Eq OF T LHaRLLE LtWNaE N. t�. _ jJ: E t�LUa3taL '1 HHLE RD, ISURY t o Haiti- APIRU 10 LHZH - I Irt"I IN It `a40 W +�7t- WSUN cblH rLUUk LHLLFaI 1, 1L -:bi0b(7167Y 3 7 ELS=NHCTNE . r ELT:F'HX`s .ilc' 2ib4 buka:� °, SWlh"1 LH8LU844 m s ao a .'L_r, rlLlyt3Y Ha?NLLLHiVY IN Lr° U1V;YT mm" L:,Y,TV Uh 'YUfiafVlLLE 'PH�IvU1NELY TiaE : LUP91�tU8t5 LLL _r 11 aab tt�ML hAkh1 #tT+aD ss8d N F RUN �HU a2D bJl I L unG YG'fLHV1LLE, 1L 6W56ua . . , ' blRk kYl) E� 1L "'{s�dec / 3 o . 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I LHTHIi l:_ TU iYaUYi Hi�iU HI L ° HM1 TJilMkNrS UR lYitl#i1F1LF}YYUNS WIIZLH (ytttY H� antDE FY2£!th rYhl( :ilp rlfnt NIN rLt `ThiE 1�LNS, SF LL 1f, Yt HTiUNS 'HNL 'Lf3S7 > 5'I't'1*TAYELa . ?t 'r} SH1. 1t' 1aUZlhLLtiT?YUNb M IL ttt IHY.S 1RRk`JULt-1}iLE.•: LIrT CtK Ur LRCAS C 5}#Hf L LXI1Rt UN<< CILtiC7fili;'X , , - -p 2rb�bf 1't2laV7llEt), riUWkVI k, TFfE UI1L#EkSZL9NE73 Siif1LL NUTYFY CH<r oe3ewawen6l�hdddmhe�dd�il5G+1#�v14wa>ibtl o8'w�B�i,Ldo�keiat3aghkkoa4t�a � ` b ;,o� `�� 6�9�frL'vawt �i'6"ae�ifit�t�od��ia5a&3r1�?ob�aErvawdrcouwouwvNad3Niaoaaewaw' UUNtINUEL) UN NaxT SENDING CONFIRMATION DATE SEP-14-2006 THU 07: 50 NAME UNITED CITY OF YORKVTT.T.F TEL 553-3436 PHONE : 8599395 PAGES : 1/1 START TIME : SEP-14 07: 49 ELAPSED TIME 00' 21" MODE RESULTS OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED . . j60 c/7` United Cite of 1"urkvil(e Par 800 Game Farm Road 1orkcillc llliuoi9, 60))0 0 I m 680/56:3-854f) Jennifer Fischer Eaginceling Administrative Assistant Telephone 630/.5:53-8528 Fnx C30/:553-3 43n' ^Q ifNs herCr yr rlojlle it To: r�l ll�l (.l'h Q or Fax:� Gq��jU PF � QWMC THLS Phojne�: Date: G 14. Ll Cc: ❑ umem Plaa Rwiaw Requested 0 PMdse Reply 0 Hard Copy Mailed � Q Loci Armour✓ {u C �UZI q — � 3aDO a I�J)>/, =�u � ,ti5� lvw Reviewed By: Agenda Item Number EST. 1836 Finance ❑ Engineer NVJ I Tracking Number {O 0 vJ City Administrator Consultant ❑ PVV <CEc �5'�' ❑ Agenda Item Summary Memo Title: Grande Reserve Unit 14—Site Inspection LOC Reduction No.I Meeting and Date: Sept. 4, 2007 Public Works Committee Synopsis: This reduction to the letter of credit is based on lots successfully closed out. Recommend a reduction of$15,750. Remaining amount would be $13,125. 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 C4 ,2 0 United City of Yorkville 1836 County Seat of Kendall County y 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-8528 Fax: 630-553-3436 Website: www.yorkville. il. us Date: August 10, 2007 To: Joe Wywrot, City Engineer From: Jennifer Fischer, Engineering Administrative Assistant Subject: LOC Reduction Request/ Pasq/ GR U-14 Pasquinelli Homes has submitted a request for a reduction of their Letter of Credit number 5594169/ revised & now number S596285 ($28,875.00; expires 10-18-07; covers final inspections), in the amount of $ 12,875.00. Based upon my review of the progress of Unit 13, I recommend a reduction in the amount of $ 15,750.00. When discussed with the field foreman, it was understood that these letters of credit were intended to cover the escrow amounts for only the most common failed items, but that the inspection forms would reflect actual results with those dollar amounts customarily tied to the improvements needed, for tracking purposes for future units. It appears as though Pasquinelli's reduction request has been based upon those inspection form dollar amounts, not the agreed upon amount per building; please see calculations below, used to determine my recommended reduction of$ 15,750.00: Unit 14 = 11 four-unit buildings Failed grading = $3000/building Failed b-boxes = $500 Total = $3500, multiplied by 1501/o _ $5250 per bldg, multiplied by 11 bldgs = $57,750 Reduced by half due to objection & Property pins removed = $28,875.00 LOC Amount Number of bldgs completed (inspections logs closed all passing): 6 6 bldgs done, multiplied by $2625 (1/2 of $5250) each = $15,750.00 Amount of LOC remaining after reduction of $15,750 = $13,125.00 Pasquinei f Genera! E 'x Phone (630) 325-4500 535 PLAINFIELD ROAD Fax. No. (630) 325-0935 SUITE E Closing Department Phone (630) 325-0440 WILLOWBROOK, IL 60527 Fax. No. (630) 325-2219 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn Ms. Jennifer Fischer Dear Ms. Fishcer: Pasquinelli Homes is requesting a reduction in our "Letter of Credit' for the Commons at Grande Reserve units #13 and #14 in neighborhood 3. The first unit #13 has 5/4 unit buildings, we request the reduction amount of $23,250.00 and unit #14 has 614 unit buildings we request the reduction amount of $ 12,875.00. Please process our request at the next scheduled council meeting and return your response in writing to: Pasquinelli Homes LLC 535 Plainfield Road Suite "E" Willowbrook, IL 60527 Attn: Paul Moravec Area Construction Manager If you have any questions, please feel free to contact me at 630/325-4500 Ext. #2178. Sincerely, % v Paul Moravec Area Construction Manager Pasquinelli Homes, LLC Page 2 UNIT #13 — COMMONS BUILDING 1 THRU 9 L.O.C. $472250.00 BUILDINGS #3 4 unit @ $3,000.00 per unit = $ 12,000.00 #4 4 unit @ $3, 187.00 per unit = $12,750.00 #5 4 unit @ $3, 150.00 per unit = $12,600.00 #6 4 unit @ $3, 150. 00 per unit = $121600.00 #7 Out Lot = $12,000.00 #8 Model Sales Complex = $12,000.00 #9 4 unit @ $2 ,625.00 per unit = $10,500.00 Total $60,450.00 L.O.C. $47,250.00 $12,000 per bldg — 7 & 8 $249000.00 Reduction Amount $239250.00 UNIT #14 — COMMONS BUILDING 10 11 13, 561 57, 58 L.O.C. $47,250.00 BUILDINGS #10 4 unit @ $5,096.25 per unit = $20,385.00 #11 4 unit @ $2, 188. 12 per unit = $8,752. 50 #12 Slab Foundation Hold $0 #13 4 unit @ $2,752.00 per unit = $11 ,010. 00 #55 Gen X, Y, Z different plan $0 #56 4 unit @ $2,898.75 per unit = $11 ,595.00 #57 4 unit @ $2,711 .25 per unit = $10,845.00 #58 4 unit @ $2,467.50 per unit = $9,870.00 Total $72,457.50 L.O.C. $28,875.00 $8,000 per bldg — 12 & 55 $16,000.00 Reduction Amount $129875.00 PASQUINELLI LaSalle Bank ABN AMRO LaSalle BankN.A 15255 S. 94`h Avenue, Suite 300 Orland Park, IL. 60463 (708)4284037 fax (708) 428-4033 October 12, 2006 Pasquinelli-The Commons, LLC Arm. : Mr. Don Carter 6880 N. Frontage Road Suite 100 Burr Ridge, IL. 60527 Re: Issuance of Standby Letters of Credit To Whom It May Concern: Please accept this letter as confirmation that LaSalle Bank is in the process of issuing two Standby Letters of Credit for the benefit of The United City of Yorkville as follows: Unit 13 improvements totaling $47,250 Unit 14 improvements totaling $28,875 A draft of each L/C will be released tomorrow, Friday October 13, 2006, by the end of business with the final L/Cs being issued on Monday, October 16, 2006. LaSalle Bank is also confirming that Pasquinelli-The Commons, LLC has the available credit facility and firm commitment from LaSalle Bank for these two L/Cs If additional information is required, please contact me at 708-428-4037. Sine ely, G. Arnold Senior Vice President LaSalle Bank Commercial Real Estate Division ¢MEMBER OF s ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMHO GROUP MEMBER OF THE ABN AMMO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OFT {{{ LHfifiL-LE. 81-iPfV, N..-1. L LUl F;L l'hq:a)k ADVISORY HUN HMRU PLALH 540 W. MADISON — 26TN FLUUN o ! HILAUO, .LL 60661 3 m fELEPHONE: 312 -904--H462 I-ELE AX : 312-904-6303 ¢ SWIFT : LMOLU i44 °o - UC_I ULfL---F� 1.�.tyr'rGVJu a BE UIi IARYs HrAPLICANT' UNITED CITY OF YORKVILL_E PABUUINELLI—THE COMMONS LLC ' i3113W SAME FARM ROAD 10880 N. FRONTABE RD. j RD. SU1 TE 100 �:-•..;,o YORKVILLE., 1L 60560 FiURt RIDGE, IL bU7 c'( :' •3 m 0 3 `o STANDBY LETTER OF CREDIT NUMBER: S%.4165 E HirUUN 1 ; USU Li, k31s. 00 't-✓ ' �� o sn t1'WEN'TY EIGHT I'HOUSHNO EIGHT HUNDRED SEVENTY FIVE ONO -00/ 100 UNITED SIA IES UULLRRS '3 `a G < ON TE OF EXPIRY: OL I UBLLR 18, awo/ F-'L.HCL UP EXPIRY ; OUR COUNTER o •.. F r;f LFiHIUUf:_ kE.'A:RVIDE UNIT 14 THE UNDERSIGNED, L ASAL.LE BANK N. H„ , BY BRYEN L ImirERIPIANI 3 H98OLIA'TE VICE PRESIDENT AND SI-1MPAT'H JEBAMONY, DIr2i:WOR m HEREBY ESISOLISHES MNU ISSUES THIS IRREVULPSLE LEIIE:R 'OF` CREDIT p IN FAVOR OF THE CITY OF YiORKVI lE IN THE AMI.'IUN'1 OF Sa% 6175. 66 m WH1L;H 14EPRESENTS INN OF THE COST OF THE IMPROVEMENTS DESCRISI U z H E I,EIN I'SUCH CREDIT IS AVAILABLE TO BE ORHWN UPON BY SAID CITY UPON PRESENTATION 1O THIS BANK OF YOUR DEMAND FOR PAYMENT, AS' SE-1 E FORTH BELOW, HCCOOMANIEV BY H COPY OF 'MIS LETTER OF CREDIT. WE ARE INFORMED 1'HA'T THIS LEI IE:R OF CREDIT IS ISSUED FOR THE T-'UNPUSE OF SECUP.YNIS AND PAYING FOR THE IN.;'T.TALLFTT.TUN OF THE V o < FOLLOWING PUBL'1C 1MPPOVE:i?1kiaTS IN THE AFORESAID iUBDIVISIUNa n DIVISION " A' FINAL SRODINV PLAN SULt1va'rrAL AND FINAL ORADINO APPROVAL (LNUINFE:R8 ESTIO IE: = USD04, 'i50. 0to E o DIVISION " B' " OPERATIONAL. B-•BUXES 3 (L-:FdC�1NLL:I^Ca liS f LMA I LPUSU4y 125. 00) • ..o IU'I'HL ENGINEERS ESTIMATE = UL-028, Ei'Y5. ow LL z w IHE UNDERSIGNED ABREES THAT THIS IRREVOCABLE Lf.T"IEN OF 'CREU17 SMALL REMAIN IN FULL FORCE AND Er FE Q HND PERTAIN TO ANY AND PLY AMEI'4DMLN'TS OR MOVIFILATIONS WHICH MAY BE MADE FROM TIME TO TIME m TU THL PLANS,_ yPECIF'ICATIUNS ONO COST ES IITTATEO FOR SAID m 1101) IC:AT'IiiNS. o ItTHIS IRREVUCHDLE LETTER OF CREDIT STALL EXPIRE ON UCTUiiER . . , c.907 PROVIVIED, HOWEVER, . THE UNDERSIGNED AHALL NOTIFY THE , BENEFICIARY BY,,II CERTIFIED ON l Ryi�'�'' ISTERED MAIL, NEruNN'IAREI:E:'1T=T dRF ��EJ�GI�ILjyp3dBW3�fIlOtl.y(ykWJb 1•f8'�3 'l13 Wa1P dr#44 OHLYb C'+*V oBrIvsk '�jO�N"OURVIAM�i}]0�'j�l�' 1Fd]lOy.y� IyV lNfiy33H1��,,13R� �TfI O OURV NOV 3H1'.O N3BW3W Gl ti .P WHM r S 85'23'45" E p� S 01'00'45" E 82.19' l J2 N V W Nom` �- i� .N Oyu O �O N m \Q t B5 Bl• J' Q\ " N r97�, ��• m 55'41'03" W I I `��• vv v i/'z-'K PPFK P) � y-wl z �D 6d 0, IUO°bdstiQ e ` -- ? �Y2p \ 18'58.29" e ` o-a I .9-- 3y?3 .\ `�s` • P.L. P Iq' 339(Q .L 7,00=, �• ,.,]; �9Gy/ Zy i8� � I J 1 I'..V �IL 1+ W 7 N 81'55.21" W 1o1-Yr G•]j,• d / `' S� S 38'28'22" W �A CBIN 87'R=44,A"1 �� 89.10' M CRaN 1]0'41'48"1W 7) ( ! l RFS I N �Ni,�m 5 73'15'42" W I (() 3031'45" E Tp L� �� Pg 103.50' m L 6b.00' `y N,193To-i"�e. w .\ 7!8:33' / D D f N 27'30'`33" E m / RIVE rc 141 6 \\ \� / 5 73'31'37" W < d . 9 46.35' A=51.59' R=783.00' GRANDE RESERVE 12__R/ CS=S 81'36'13" W / kL61 `'^ - J X300+$ / r-- ��, U.5 11 3029 .'�" 1 J sfi misfrt 27l Ea9i9 os�6 l^s`pe91 �\y `�` L---- uuuxfxi 7137" W]]'Si>,�Y•pw.rw]r � / 99 � 5 7} nan>NUC Vi1-c. Y]i 1 / .SW4Y'lots.PO. 9 — Y]/ • n"F4Y NPOig' 5.1 / / 1^^ ifl9)(PfC Y/FA51 —^.1 yyy� IT 5]B� nll�� \ ;l cmxm '�•� 1 0 /�,o United Cit \ - of Yorkville Fax. t 00 Ganie Farm. h.oad EST Z 77 1836 Yorkville , Illinois , 60500 Jennifer Fischer Engineering Administrative Assistant Telephone 630/553 - 55 ' 3 Fax 630/) 53 - 3 36 jfischerT vorkville . iLus Fax: Pages: INCLUDING THIS Phone e : ` I Date: Re: G Cc : v ❑ Urgent [ Please Review As Requested ❑ Please Reply ❑ Hard Copy Mailed g , 815 h b /-5I �� q back, `�Q4 C�Ty Reviewed By: Agenda Item Number ° 4( , J 1 T Legal ❑ EST. 7836 Finance ❑ Engineer ' ' 2`1 ' Tracking Number 4 1 City Administrator ❑ S1x� O Consultant ❑ Agenda Item Summary Memo Title: Raintree Village Unit 5 —Letter of Credit#FGAC-04325 Meeting and Date: September 4, 2007 Public Works Committee Synopsis: The site development LOC is due to expire on October 11, 2007. Recommend Authorizing the City Clerk to call the LOC if it is not renewed by Sept. 28,2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the letter of credit if it is not renewed by September 28, 2007 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: =`CEO cir o United City of Yorkville Memo 4 T 800 Game Farm Road EST. sic Yorkville, Illinois 60560 .4 Telephone: 630-553-8545 o� p Fax: 630-553-3436 <CE \\?' Date: August 20, 2007 To: Bart Olson,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk Subject: Raintree Village Unit 5—Letter of Credit#FGAC-04325 Attached find a notice from Fidelity Guaranty&Acceptance Corp.that the letter of credit for the site development permit for Raintree Village Unit 5 will expire on October 11, 2007.This letter of credit, in the current amount of$89,775.78, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed,and I anticipate that it will.In the meantime,however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to September 28,2007. Please place this item on the Committee of the Whole agenda of September 4,2007 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. 700 NW 107 AVENUE - SUITE 240 MIAMI, FLORIDA 33172. PHONE (305) 553-8724 JULY 1112007 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: MAYOR AND ALDERMEN RAINTREE VILLAGE, LLC CITY OF YORKVILLE 1540 E. DUNDEE ROAD 800 GAME FARM ROAD PALATINE, IL 60074 YORKVILLE, IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-04325 PRESENTLY FOR AN AMOUNT OF USD $89,775.78 (EIGHTY NINE THOUSAND SEVEN HUNDRED SEVENTY FIVE AND 78/100 ' DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF RAINTREE 'VILLAGE, LLC. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE° - NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON OCTOBER 11 , 2007 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 700 NW 107 AVENUE '- SUITE 240, MIAMI; FLORIDA 33172, ANY DRAWING RECEIVED ' AFTER OCTOBER 11, 2007 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. , FAILURE TO 'RETURN- THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED, ACKNOWLEDGED BY; BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS FIDELITY GUARANTY AND ACCEPTANCE CORP. JACQUE L E ESOUZ , VICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: JEAN DANECKER 2300 BARRINGTON ROAD, SUITE 540 - HOFFMAN ESTATES, IL 60195 0 C/Ty Reviewed By: Agenda Item Number 2 O J �+ Legal ❑ Finance ❑ EST. , 1836 i Engneer y� -mot � � Tracking Number 4 Q y City Administrator ❑ g1 .5. O Consultant ❑ <C E Eby ❑ Agenda Item Summary Memo Title: In-Town Road Program(Phase 2 Utilities)—Change Order#3 Meeting and Date• September 4, 2007 Public Works Committee I Synopsis: This change order is for various additional work items performed during construction. 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: i =`,(tiD Clp� United City of Yorkville Memo J 800 Game Farm Road EU.. 1836 Yorkville, Illinois 60560 -4 ` Telephone: 630-553-8545 09 Im �p Fax: 630-553-3436 <kE Eby Date:August 20,2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot,City Engineer U CC: Eric Dhuse,Director of Public orks Sue Mika,Finance Director Lisa Pickering, Deputy City Clerk Subject: In-Town Road Program(Phase 2 Utilities)—Change Order#3 Attached find one copy of proposed Change Order 43 for the referenced project. This change order,in the amount of a$10,779.32 increase,is for various water and sewer work. These items are summarized as follows: 1) Washington Street Tile Repair—This item in the amount of$2052.00 is for repairing an old field tile near the dead end of East Washington Street.During construction of the watermain we encountered a field tile,but could not find the other end of it in order to make the repair. We instructed the contractor to extend the file until we found the other end. We did locate the tile about 35 feet away and made the repair. 2) 305 E. Fox Street Water Service Repair—This item in the amount of$1952.00 is for repairing a badly leaking water service.During construction of the watermain, a leak developed at the B-Box for this property.The new water service would not have been constructed for several weeks,therefore we instructed the contractor to make the repair. 3) Heustis Street Sanitary Service Repair—This item in the amount of$2055.74 is for repairing 2 sanitary services at 303 and 307 Heustis Street that NiCor bored through when they relocated the gas main. We will be requesting that NiCor reimburse the city for this expense. 4) 501 and 502 Heustis Street Sanitary Services—This item in the amount of $4719.58 is for constructing new sanitary services for 501 and 502 Heustis Street. During reconstruction of the sanitary sewer,we found that the sanitary services for both of these properties ran across their neighbor's property and/or joined with their neighbor's services to the north_These lines remained in service,but we instructed the contractor to provide new service stubs foi these lots that they could connect to in the fixture should they experience problems with their existing services. I recommend that this change order be approved. Please place this item on the Public Works Committee agenda of September 4,2007 for consideration. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2007 In Town Utility Program JOB NO. : YORK-040818.01 -06 LOCATION: Various Locations on site CHANGE ORDER : 3 CONTRACTOR: R.A. Ubert DATE: 8/10/2007 DESCRIPTION OF CHANGE ORDER : Various infrastructure repairs during construction ORIGINAL CONTRACT AMOUNT: [1 ] $889,661 .00 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [21 $522622.73 CURRENT CONTRACT AMOUNT: ([1 ]+[2]) [3] $942,283.73 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] $10,779.32 PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([31+[41) [51 $953,063.05 NET OF ALL CHANGE ORDERS : (PENDING APPROVAL) ([2]+[41) $63,402.05 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) RECOMMENDE FO A EPT fCE : Approved By: Resdent Lnginee Date (>$10Kor25%) Mayor Date GC y t e Approved By: Contra for Date ('$1OKor25%) City Manager Date Attest: City 'E gineer Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bondg,,permits, insurance and guarantees are hereby extended to incorporate this Change Order. ' Page 1 of 2 0:' ;:007 11 P U6EET 02 R . A . Ubert Construction , Inc . Invoice P O Box 160 Yorkville, IL 60560 DATE IN' OiC'- 630-553-3733 41: 04-4 r Fax: 630 55.33744 BILL TO Yorkville 2007 Utility Imprvmms Job 11510 United City of Yo[iville 300 Game Penn Road Yorkviile, IL 60560 i.Ann:Merk Landers Washington Street field dic repair TERMS PROJECT UPON COMNLFTION 510 QUANTITY DESCRIPTION F2ATE AMOUNT 4 John Deere 270 F.xcavalor - 77.00 308 00 1 Yips and mission cuuplinp 200,00 200.00 4 New Holland .Skidsteer 25.00 100.00 4 Semi Chrmp Truck with Driver 80.041 320.00 12 Laboters per hour 67.00 804.00 4 Opemum lx-r hour 80.00 320.00 .521052.00 1^r 10 :"_tJJ - 11 : ' S 3 `S 74J F' JEEF'T Gi;6E ids R . A . Ubert Construction , Inc . Invoice P O Box 160 Yorkville, IL 60560 DATE INVOICE # _ 630-553-3733 4/6/2W7 a;-473 Fax: 630-553-3744 BILL TO Yorkville 2007 Utility ImprvmnCS Job 0510 United City of Yorkville 800 Game Farm Road Yorkville, IL 60360/Artn :Mruk Landers Fixed Watcr Service on Fox Street TERMS PROJECT UPON COMPLETION 510 QUANTITY DESCRIPTION RATE AMOUNT _-- 4 John Dar 270 Excavator -_ 77.00 308.00 I Pipe and fittings 100,00 100.00 4 New• Holland Skidneer 25AK1 I0O)'00 4 Scmi Dump Truck with rhivcr 80,00 320.00 12 laborers Per hour 67.00 804.W 4 Operators per hour R0.(0 320 00 Total 1: 1 ,952.00 T:3iLJi :2i30% 11 : 25 5 ; 75; ; 3 4 P JFE='T , __ 04 R . A . Ubert Construction , Inc . Invoice P O Box 160 DATE INVOICE # Yorkville, IL 60560 630-553-3733 5/22/2r>n7 o.i_483 Fax: 63G-553-3744 BILL TO Yorkvillc 2007 Utility Improve mLs 0510 Ignited City of Yorkville 800 (lame Farm Road Yorkvillc, li . 60560 Ami: Mwk, Lnndcm - TERMS PROJECT UPON COMPLETION 510 QUANTITY DESCRIPTION RATE AMOUNT 8 MAN HOURS FOR OPERATOR,•FORF MAN 80.00 640.00 12 MAN HOURS FOR LABORERS 653 780.00 4 JOHN IIF,F,RE 270 68.93 275.72 4 SEMI-TRAILER AND TRAILER 13.76 55.0.1 1 MATERIALS 304.98 304.98- - NICOR directional board through S-aih ry S ice . 7 Total 12,055.74 P IEEF'T R . A . Ubert Construction , Inc _ Invoice P 0 Box 160 Yorkville, IL 60560 F DATE7 INVOICE B 630-553. 3733 525;2rx 7 o4_1F5 Fax: 630-553-3744 BILL TO l-orkville 2007 Utility lmprt)vem"u% #510 Unitcd City of Yorkville 800 Game Farm Road Yorkville , IL 60560 ,lain; Mark Landers TERMS PROJECT UPON COWLEI-ION 510 QUANTITY DESCRIPTION _ RATE AMOUNT I I man hours for operator/foreman 9000 880.00 16.5 man hours for laborer.; 65.00 1 ,072.50 5.5 John Dcac 270 Excavator 69.00 379. 50 7 CAT 9246 Loader 3 2.00 96,00 5.5 semi tractor 22 trailer 13.76 75.68 100 tons of stone 14,50 1 ,450 (K) 1 materials: pipe, wyes, 22's, insenn lees. clean hues 765.�X) 765.90 Sanitary sewer stubs inStnllcd at 501 and 502 Heoslis Start, Ynrkville Total 5.,,719.58 C/r y Reviewed By: Agenda Item Number 2 �t O J n Legal ❑ ` ' EST, 1836 Finance ❑ ��.Z'a, Engineer Tracking Number City Administrator ❑ Consultant ❑ Agenda Item Summary Memo Title: Grande Reserve Regional Park—AT&T Utility Easement Meeting and Date• September 4, 2007 Public Works Committee Synopsis: This easement is for a cabinet that AT&T needs to install to provide DSL service to the residents of Grande Reserve and other nearby areas. 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 United City of Yorkville Memo 800 Game Farm Road ESE 1 1938 Yorkville, Illinois 60560 Telephone: 630-553-8545 Q Fax: 630-553-3436 Date:August 22,2007 To: Bart Olson,Interim City Administrator From: Joe Wywrot, City Engineer h CC: Dave Mogle,Director of Parks Recreafion Lisa Pickering,Deputy City Clerk Subject: Grande Reserve Regional Park-AT&T Utility Easement Attached find one copy of a proposed utility easement for AT&T on Kennedy Road near relocated Mill Street. This easement is needed for a cabinet that this needed to provide DSL service to the residents in Grande Reserve and also the residents of the nearby unincorporated developments on Galena Road. We have confumed with the Park Department that this easement will not affect future development of the park.The easement is also far enough outside the Kennedy Road right-of-way that it will not be affects by our future Kennedy Road widening project. I recommend that this easement be approved.Please place this item on the September 4, 2007 Public Work Committee agenda for consideration. Section 11, Twp. 37N, Range 7E COUNTY — Kendall P.I.N. # : 02-10-400-004 AT&T ILLINOIS GENERAL EASEMENT For one dollar ($1 .00) and other good and valuable considerations, receipt of which is hereby acknowledged, the undersigned (Grantor) hereby grants and conveys to Illinois Bell Telephone Company dba AT&T Illinois, an Illinois corporation, and its affiliates and licensees, successors and assigns (collectively "Grantees") an GENERAL easement in, under, over, upon and across the Easement Area (described below), for the purposes of and in order to construct, reconstruct, modify, supplement, maintain, operate and/or remove facilities for the transmission of signals used in the provision of communication, video and/or information services and/or any other services or uses for which such facilities may be used including, cables, wires, pedestals or other under-ground cable or wire enclosures, marker posts and signs, and other related or useful equipment, fixtures, appurtenances and facilities, together with the right to have commercial electrical service extended across the Property (described below) and Easement Area to provide service to such facilities and the right of ingress and egress across the Property and the Easement Area for the purpose of access to and use of the easement granted herein. The Property is legally described as: 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 SOUTHWEST CORNER OF SECTION 11; THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD; THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11; THENCE SOUTH 89 DEGREES53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 11; THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HELF OF THE SOUTHEAST QUARTER OF SECTION 11; THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 977.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 15 MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINE; THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY; THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11; THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RUNNING THROUGH SECTION 11 AFORESAID) IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS The Easement Area is legally described as: SEEATTACHED EXFIIBIT `A " Section 11, Twp. 37N, Range 7E COUNTY — Kendall P.I.N. # : 02-10-400-004 The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of the Property and has full right and power to grant and convey the rights conveyed herein. Grantee hereby agrees to restore all property disturbed by its activities in use of the easement to the condition existing prior to the disturbance. Grantee shall have the right to remove or trim such trees and brush in the Easement Area as is necessary to exercise the rights conveyed herein. The Grantor shall not construct improvements in the Easement Area or change the finish grade of the Easement Area without the consent of the Grantee. This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. GRANTORS: GRANTEE: The United City of Yorkville Jacalyn M. Frost Manager Right of Way Section 11, Twp. 37N, Range 7E COUNTY — Kendall P.I.N. # : 02-10-400-004 STATE OF ILLINOIS ) SS COUNTY OF ) I, the undersigned, a Notary Public in and for said county in the state aforesaid, DO HEREBY CERTIFY THAT, , personally known to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that as signed, sealed and delivered the said instrument as their free and voluntary act, for uses and purposes therein set forth, including the release and wavier of the right of homestead. Given under my hand and notarial seal, this day of 2007. Notary Public This document was drafted by the Ameritech Legal Department, 30 S. Wacker Drive, Chicago, IL 60606. Return this document to: Jacalyn M. Frost Manager Right-of-Way AT&T Illinois Network Services 929 Childs Street Wheaton, IL 60187 Legal description fora 20 foot by 30 footAT&T Easement. That part of the Southwest quarter of Section 11, Township 37 North, Range 7 East of the Third Pdnc/pal Meridian, bounded and described as follows. Commencing at the most Southwesterly comer of Lot 30261n Grande Reserve Unit 12, as recorded as Document No. 2006.20744; thence North 13° 08'56' West along the Westerly line of said Lot, 49500 feet; thence South 750 11'30° West, 10082 feet to the Westerly line of Kennedy Road, as dedicated by Document No. 2006-16199; thence continuing South 75" 11' 30" West 20.00 feet to the point of beginning; thence North 140 48' 30* West 30.00 feet; !hence South 750 11130 0 West, 20.00 feet thence South 149 48'30"East 30.00 feet, thence North 750 11'30"East, 20.00 feat to the point of beginning, all In Kendall County, Illinois. Containing 600 Square feet. Not t L,f Legal description for a 10 toot wide Access Easement. That part of the Southwest quarter of Section 11, Township 37 North, Range 7 East of the Third Principal Meridian, bounded and described as follows., Commencing at the most Southwestedy comer of Lot 3026 in Grande Reserve Unit 12, as recorded as Document No. 2006-20744; thence North 130 08' 560 West, along the Westerly line of said Lot, 495.011 Scale I' = 80 feet feet thence South 75011'30° West, 106.82 feet to the Westerly line of Kennedy Road, as dedicated by Document No. 2006-16199 to the point of beginning; thence continuing South 750 1 d'3o" West 20.00 feet thence North 140 48'30" West 10.00 feet thence North 750 1 It 300 East, 20.00 feat to the Westerly line of said Kennedy Road; thence South 140 48'30"East along said Westerly line, 10.00 feet to the point of beginning, all in Kendall County, fllinols. containing 200 Square feet 41.22 •> > w Plat of Easement N " 100.76 Jr M. Hank & Associates Relocated Land * Marine *Aerial Surveys Road 800 Busse eHphone (84P 696-0010 Ridge, A. 60068 t{ c �fpoa 200616199 0 13 fax: (847) 698-6920 (too la N Q W m ,��+ 4 000t O O �t m g -- � that part of the Southwest '/4 of Section 11-37-7 Lot 3026 in Grande Reserve Unit 12 PC PerDOO. 2006-20744 Legend: >,1 POB indicates point of beginning 0i\ nts indicates not to scale w` ' PC indicates point of curve ° o \ 0 indicates Iron found O indicates Iron set Easement o °- 2ff ° i"" 10•g2 vr� \ (20 bY3io o 0 2a .. POB Agcess State oftAinoi ppettttttn£igr i � `30" Of Z -o Eas z County ,`` R},s.LQl�.c7 J'��i �S 76° 11 m m to 1, JohnO" ZO4 8�r F " " Of„ 1 ro 6}�! Land Surveyor, do hereby ro z `ice certify `/ e pre red 'p �esement from olTcial records, 3 e co � g and t��11t� t ' co t 7,pyon thereof. m ti 8findi �r s ,ta u No. dT15 Ircen � 'g in el $00,4,4 T�ti08 most Southwesterly 4irrr Li_ tL,vast comeroftot3026 Order No. (1I X403 ox 8.° _Ordered by.� AT&T Illinois Scale 1 " equals 60 feet Exhibit A D C/T` Reviewed By: Agenda Item Number -.0} O EST. 1836 Finance F] Engineer K 8 41 0--? Tracking Number u� City Administrator ❑ 9 O Consultant ❑ Fl LE Agenda Item Summary Memo Title: Proposed Wetland Ordinance Meeting and Date: Sept. 4, 2007 Public Works Committee Synopsis: This proposed ordinance would establish requirements for the protection and mitigation of USACOE non jurisdictional wetlands. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot City Engineer Name Department Agenda Item Notes: °. United City of Yorkville Memo 800 Game Farm Road Esr 1836 Yorkville, Illinois 60560 -4 ` Telephone: 630-553-8545 Fax: 630-553-3436 Date: August 14, 2007 To:Bart Olson,Interim City Administrator From: Joe Wywrot, City Engineer �- 4 CC: Travis Miller, Community Development Director Mike Roth, City Attorney Lisa Pickering,Deputy City Clerk Subject: Proposed Wetland Ordinance Attached find a proposed wetland ordinance for consideration. This draft ordinance was prepared by our wetland consultant, Conservation Design Forum,for us in 2002 after a US Supreme Court ruling in 2001 eliminated much of the US Army Corps of Engineers authority over wetlands. The initial draft was reviewed in depth and revised before presentation to the Committee of the Whole in 2004. At that time there was significant opposition to the ordinance from the development community.An ad-hoc committee was established with developer representation, and that committee revised the document into the form that exists today. The revised draft ordinance was sent to the Public Works Committee in 2005,but did not move forward because there was talk at the time of state legislation that would fill the oversight void created by the Supreme Court case. That state legislation was never passed,therefore I suggest that we reconsider adopting this ordinance. Please place this item on the Public Works Committee agenda of September 4,2007 for discussion. UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE FOR WATER QUALITY AND STORMWATER MANAGEMENT BENEFITS THE UNITED CITY OF YORKVILLE Ordinance No. Date Adopted TABLE OF CONTENTS Page No. Article 1 AUTHORITY AND PURPOSE Section 1 .1 Statutory Authority .......................................................................................... 1 Section1 .2 Findings.............................................................................................................. 1 Section1 .3 Objectives ........................................................................................................ 1 Article 2 DEFINITIONS Section 2. 1 Definition of Terms ...........................................................................................3 Article 3 WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS Section 3. 1 General Standards .........................................................................................9 Section 3. 1 .1 Buffer Requirements ..................................................................................9 Section 3.1 .2 Wetland Hydrology Protection ............................................................ 11 Section 3.1 .3 Stormwater Management within Isolated Waters of Yorkville ...... 1 1 Section 3.1 .4 Discharge to Isolated Waters of Yorkville or Waters of the U.S...... 12 _ Section 3.1 .5 Protection of Isolated Waters of Yorkville During Development... Deleted: 13 —� Section 3. 1 .6 Maintenance of Stormwater Management Facilities..................... 13 Deleted: 12 —� Section 3.2 Wetland Permit Provisions .......................................................................... 13 Section3.2. 1 Applicability....................................................................................................... 13 Section 3.2.2 Wetland Determination Requirement ..................................................... 13 Section 3.2.3 Pre-Submittal Meeting ................................................................................... 14 Section 3.2.4 Wetland Permit Submittal Requirements ................................................ 14 IDeleted.ted: 19 Section 3.2.5 Requirements for Wetland Delineation................................................... 16 ' ed: l8 Section 3.2.6 Weiland Permit Conditions............................................................................... 1 b p ed: l9 Article 4 WETLAND IMPACTS AND MITIGATION REQUIREMENTS ed: l8 Section 4.1 Unmitigable Wetland Impacts .................................................................. 19_, ;' . ed: 8 ed: l9 ' Section 4.2 Wetland Mitigation Requirements............................................................ 19_ ed: 21 Section 4.2.1 General Mitigation Requirements ....................................................... 12- ed: 20 Section 4.2.2 Mitigation Hierarchy............................................................................... 0 ;;' ed: 22 Section 4.3 Wetland Mitigation Plan ............................................................................. 21 _' ed: 21 Section 4.4 Wetland Mitigation Monitoring Protocol................................................. ed: 24 Section 4.5 Wetland Mitigation Performance Standards ......................................... ed: 23 Section 4.6 Post Construction Submittal Requirements............................................. Deleted: 25. ._'_ . Deleted: 24 Section 4.7 Mitigation Requirements for Non-performing Wetlands ...................... _ _ Deleted: 26 Article 5 LONG-TERM MAINTENANCE PROVISIONS Deleted: z5 Deleted: 28 Section 5. 1 Long-term Maintenance ............................................................................ Deleted: 27 Section 5.2 Transfer to City or Other Public Entity....................................................... 2 _ _ - - Deleted: 28 Deleted: 27 Deleted: 28 Deleted: 27 Deleted: 29 Section 5.3 Transfer to Homeowner's or Similar Association .................................... 28 N Deleted: 28 Section 5.4 Conveyance to a Person or Entity Specializing in Conservation ....... .2 Deleted: 29 Section 5.5 Incorporation of Maintenance Obligations in Wetland Permit.......... 29_,' . Deleted: 28 Deletetl: 31 Article 6 FEES, ENFORCEMENT AND PENALITIES Deleted: 30 Section 6. 1 Fees_and Apalicat_gn__P.,Eyiew Time.<_- ........................................................ 31 j Deleted: 31 Section 6.2 Enforcement ..........P%...........................................4.........4.4.... ...........0........... 3 30 Section 6.3 Penalties and Legal Actions ...................................................................... 31 - Deleted: 31 Deleted: 30 Article 7 GENERAL PROVISIONS Deleted: 33 Section 7. 1 Scope of Regulation.................................................................................... 1= Deleted: 32 Deleted: 33 Section7.2 Exemptions .................................................................................................... _. Deleted: 32 Section7.3 Severability .......................................................................4.....6.........0............ Deleted: 33 Section 7.4 Abrogation and Greater Restrictions......... .......6......4...... Deleted: 32 Section 7.5 Effective Date ............................................................................................... Deleted: 33 Deleted: 32 Article 8 VARIANCES AND APPEALS Deleted: 33 Section8. 1 Variances....................................................................................................... Deleted: 32 Section 8.2 Variance Conditions.................................................................................... � ' . Deleted: 34 .. Deleted: 33 Section8.3 Appeals .......0..0.0p.o..............4.........................k.....0..........0.%........P.Opp.p.p..........6 6. Deleted: 35 Article 9 ADMINISTRATION Deleted: as Section 9. 1 Responsibility for Administration................................................................ 3A Deleted: 35 Deleted: 34 Section 9.2 Representative Capacity......... .............. . .............. 3 Deleted: 36 Section 9.3 Service of Notice.......................................................................................... ;, Deleted: 35 o Deleted: 36 Article 10 PERFORMANCE SECURITY Deleted: 35 Section 10. 1 General Security Requirements ............ ....................................O.P.0........ 37 Deleted: 36 Section 10.2 Wetland Mitigation and Naturalized Basin_Performance Security .... 37_ Deleted: 35 Section 10.3 performance Security................. . Deleted: 37 Deleted: 36 Article 11 FEE-IN-LIEU OF WETLAND MITIGATION 0 tl)efeted: 37 De lete d- 36 Section 11 .1 Fee-in-lieu of Wetland Mitigation ............................................................. 39 �� , �� Deleted: j Section 11 .2 Procedures and Use of Funds.................................................................... 3Deleted: Letters of redit 3 Deleted: 36 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART Deleted: 37 APPENDIX WETLAND PERMIT SUBMITTAL CHECKLIST Deleted: 39 APPENDIX C WETLAND MITIGATION PLAN CHECKLIST Deleted: 38 Deleted: 39 Deleted: 38 Article I Deleted: 9 Authority and Purpose n a a a v a n a a n a n a u a a n v n a n n v n n n a n a v a n a n UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 1 .1 Statutory Authority This Ordinance is enacted pursuant to the police powers granted to this City by Illinois Revised Statutes, Chapter 24. Section 1 .2 Findings The United City of Yorkville finds that Isolated Waters of Yorkville and Waters of the U.S. for the Pox River, Aux Sable, Blackberry Creek, and Rob Roy�watershe_ds_ including X heir_tributaries, _ _ - fDeleted: , Aux Sable, and Fox I are indispensable and fragile resources that provide many public benefits including ( River J maintenance of surface and groundwater quality through nutrient cycling and sediment { Deleted: the creeks and river, and trapping as well as flood and storm water runoff control through temporary water storage, I all slow release, and groundwater recharge. In addition, Isolated Waters of Yorkville provide open space; passive outdoor recreation opportunities; fish and wildlife habitat for many forms of wildlife including migratory waterfowl, and rare, threatened or endangered wildlife and plant species; and pollution treatment via biological and chemical oxidation processes. Preservation of the remaining Isolated Waters of Yorkville and Waters of the U.S. in a natural condition shall be and is necessary to maintain hydrological, economic, recreational, and aesthetic natural resource values for existing and future residents of the United City of Yorkville, and therefore the City Council declares a policy of no net loss of Isolated Waters of Yorkville and Waters of the U.S. Furthermore the City Council declares a long-term goal of net gain of Isolated Waters of Yorkville and Waters of the U.S. to be accomplished through mitigation requirements of this Ordinance. Section 1 .3 Objectives The principal objective of this Ordinance is the protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stability of the Isolated Waters of Yorkville in order to prevent their pollution or contamination; minimize their disturbance, and prevent damage from erosion, siltation, and flooding. Other objectives of this ordinance include: • Preserve and enhance the natural hydrologic and hydraulic functions and natural characteristics of watercourses and wetlands to protect water quality, aquatic habitats, provide recreational and aesthetic benefits, and enhance community and economic development. • Maintain and enhance the special aquatic resources of the City. • Protect environmentally sensitive areas from deterioration or destruction by private and public actions. • Protect and improve surface water quality and promote best management practices of surface water runoff prior to entering lakes, ponds, wetlands, streams, and rivers. • Require planning for development to carry out water resource management including the protection of natural areas such as remnant woodland and prairie habitats, wetlands, waterways, steep topography, and highly erodible soils, in order to reduce potential impacts, or creation of unstable conditions that may promote erosion and degradation of ground and surface water quality. Article 1 1 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE AUTHORITY AND PURPOSE FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS • Coordination of and support for the enforcement of applicable federal, state, and county statutes, ordinances, and regulations pertaining to Waters of the U.S., floodplain regulations, and soil erosion and sediment control. • Establishment of standards and procedures for the review and regulation of the use of Isolated Waters of Yorkville. • A procedure for appealing decisions. • Establishment of enforcement procedures and penalties for the violation of this Ordinance. Article 1 2 Cie 2 Deleted: A A _fi'I _ Definitions a A A A A A A A A A 9 A A A A A A A A A A A A A 9 9 9 1 9 1 A A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 2.1 Definition of Terms Terms not specifically defined shall have the meaning customarily assigned to them. . Administrator is the person designated by the United City of Yorkville to administer and enforce this ordinance. Agricultural land is land predominantly used for agricultural purposes. Applicant is any person, firm, or governmental agency who submits an application for a permit under this Ordinance and shall be responsible for meeting and complying with all conditions and standards of this Ordinance. BMP or best management practices is a measure used to control the adverse stormwater related effects of development, and includes structural devices (e.g., swales, filter strips, infiltration trenches, level spreaders, and site runoff storage basins designed to remove pollutants), reduce runoff rates and volumes, and protect aquatic habitats. In addition, nonstructural approaches used to prevent contamination of runoff include planning and design practices that reduce impervious areas, provide comprehensive site planning, and implement buffer zones, setback requirements, easements, and critical areas. Other nonstructural approaches include public education and maintenance programs. Buffer is an area of predominantly vegetated land. adjacent to Isolated Waters of Yorkville and Waters of the U.S. that are to be left undeveloped for the purpose of providing stabilization, reduction of contaminants, and eliminate or minimize impacts to such areas. For all new development, buffer areas shall consist of deep-rooted native vegetation unless otherwise approved by the Administrator. Category I wetland impact means wetland impacts to Isolated Waters of Yorkville that are less than or equal to one (1 ) acre and does not impact high quality aquatic resources. Category II wetland impact means wetland impacts to Isolated Waters of Yorkville that are greater than one (1 ) acre and does not impact high quality aquatic resources. Category III wetland impact means wetland impacts to roadside drainage ditches or manmade stormwater management facilities that meet the definition of Isolated Waters of Yorkville. Category IV wetland impact means wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville provided that there are net gains in aquatic resource function. Category V wetland impact means wetland impacts to high quality aquatic resources as defined in this Ordinance. Category VI wetland impact means wetland impacts to farmed wetland. Channel is any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainogeway that has a definite bed and bank or shoreline, in or into which surface, groundwater, effluent, or industrial discharges flow either perennially or intermittently. Article 2 3 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Channel modification is alteration of a channel by changing the physical dimensions or materials of its bed or banks, and includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining, and significant removal of bottom or woody rooted vegetation, but does not include the clearing of debris or removal of trash or dredging to previously documented thalweg elevations and sideslopes. City is the United City of Yorkville. Developer is a person, firm, or institution who creates or causes a development. The developer of any said development that is under the requirements of this Ordinance shall be responsible for meeting and complying with all conditions and standards of this Ordinance. Development is any manmade change to the land and includes - A. the construction, reconstruction, repair, or replacement of a building or any addition to a building; B. the installation of utilities, construction of roads, bridges or similar projects; C. the construction or erection of levees, walls, fences, dams, or culverts; D. drilling or mining activities; E. the clearing of land as an adjunct of construction; F. channel modifications, filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; G. any direct or indirect wetland impacts including the removal of vegetation to the extent such that the wetland would no longer meet the criteria of supporting a dominance of hydrophytic vegetation as defined in the 1987 Wetlands Delineation Manual except that which would be considered appropriate for management purposes; H. any other activity of man that might change the direction, height, or velocity of flood or surface water, including the extensive removal of vegetation; I. the storage of materials and the deposit of solid or liquid waste; and J. the installation of a manufactured home on a site, the preparation of a site for a manufactured home, or the installation of a recreational vehicle on a site for more than 180 days. Development does not include maintenance of existing buildings and facilities such as resurfacing of roadways when the road elevation is not significantly increased or gardening, plowing, and similar agriculture practices that do not involve filling, grading, or construction of levees. Nor does development include agricultural uses, maintenance of existing drainage systems for the limited purpose of maintaining cultivated areas and crop production or for any agricultural uses or improvements undertaken pursuant to a written NRCS conservation plan. Article 2 4 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY 85TORMWATER MANAGEMENT BENEFITS Ecological restoration is the re-establishment of a natural area or plant community via associated management practices such as prescribed burns, weed control, selective clearing, reintroduction of native plant species, etc. Ephemeral stream is a stream whose bed elevation does not intersect with the groundwater table and carries flow only during and immediately after a runoff producing rainfall event. Erosion is the process whereby soil is removed by flowing water, wave action, or wind. Farmed wetland means wetlands that are identified by the NRCS in a Certified Wetland Determination as currently farmed, or have been farmed within 5 years previous to the permit application date, as defined in 7 CFR Part 12 (61 FR 47025). Fen is a wetland community that occurs in areas where glacial formations are such that carbonate-rich ground water discharges at a constant rate along the slopes of kames, eskers, moraines, river bluffs, dunes, or in flats associated with these formations. Floristic inventory is a record of all existing vegetation within a defined project area. This includes all woody (trees and shrubs) as well as herbaceous plants, i.e., wildflowers and grasses. Floristic Quality Assessment (FQA) refers to a method of assessing landscapes based upon the existing vegetation. A useful method for determining the floristic qualify of an area is through an analysis of the conservatism and diversity of species appearing in a plant inventory. Refer to floristic quality index and Mean C for further definition of terms. Floristic Quality Index (FQI) is a statistic derived by multiplying Mean C by the square root of the number of species inventoried. This parameter is correlated to the diversity and conservatism of native plant species present within a plant community as defined in Plants of the Chicago Region, 41h Ed. (Swink and Wilhelm, 1994). Forested wetland is an area dominated by wetland plants that have a predominance of woody vegetation and a population of at least one of the following native trees or shrubs: Buttonbush, Pagoda Dogwood, Blue-fruited Dogwood, Black Ash, Butternut, or Swamp White Oak. This may include other conservative, native woody plants that may be found in wetland habitats, but not included in this list. Functional assessment is an assessment of a wetland's flood storage, water quality, wildlife habitat, and other beneficial functions. Groundwater is that water that is located within soil or rock below the surface of the earth. High Quality Aquatic Resources (HOAR) means aquatic areas considered to be regionally critical due to their uniqueness, scarcity, and/or value, and other wetlands considered to perform functions important to the public interest, as defined in 33 CFR Part 320.4(b) (2). These resources include ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streams rated Class A or B in the Illinois Biological Stream Characterization study, streamside marshes, wet prairies, wetlands that support Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index JMLof 25 or greater and a native Mean C value of 3.2 or greater. Article 2 5 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Hydrology is the science of the behavior of water that includes its dynamics, composition, and distribution in the atmosphere, on the surface of the earth, and underground. Hydrologically disturbed is an area where the land surface has been cleared, grubbed, compacted, or otherwise modified to alter stormwater runoff, volumes, rates, flow direction, or inundation duration. Index of Biotic Integrity (IBI) is a biological stream characterization rating system that assesses the quality of a stream from the sum of 12 metrics based on fish population composition, quality, and abundance. The IBI value can range from 12 to 60 (low to high rating). Isolated Waters of Yorkville means all wetlands; waterbodies such as ponds, lakes, streams, - including ephemeral and intermittent streams, and roadside ditches (that meet the criteria of wetland habitat as defined in the USACE 1987 Wetlands Delineation Manual and with a - drainage area greater than 20-acres); farmed wetlands; and detention basins (that meet the criteria of wetland habitat); and are not under U.S. Army Corps of Engineers jurisdiction and are located within the limits of the United City of Yorkville or with any area under consideration for annexation into the United City of Yorkville. A. The limits of Isolated Waters of Yorkville extend to the ordinary high water mark or the delineated wetland boundary. B. Compensatory wetland mitigation created to meet the requirements of this Ordinance or Section 404 of the Clean Water Act is not excluded. Intermittent stream is a stream whose bed intersects the groundwater table for only a portion of the year on average or any stream that flows continuously for at least one month out of the year, but not the entire year. Lake is a body of water two or more acres in size that retains wafer throughout the year. Linear Waters of the U.S. means wetlands along creeks, streams, rivers, ponds, lakes, or impoundments that are hydraulically connected to jurisdictional Waters of the U.S. Mean C is the average coefficient of conservatism for a site. The concept of "conservatism" refers to the fundamental character of native plant species to display varying degrees of tolerance to disturbance, as well as varying degrees of fidelity to specific habitat integrity. As a result, each native species can be assigned a coefficient of conservatism (C value) ranging from 0 to 10, "weedy to conservative," reflecting its disposition within a defined geographic region. Mitigation is the measures that are taken to eliminate or minimize negative direct or indirect impacts caused from development activities, such as impact to Isolated Waters of Yorkville, by replacement of the resource. Native Mean Wetness is the wetness value (W) designated to each species. This value defines the estimated probability of each species occurring in a wetland. Plants are designated as Obligate Wetland (OBL=-5), Facultative Wetland (FACW=-3), Facultative (FAC=O), Facultative Upland (PACU=3), and Obligate Upland (UPL=5). Article 2 6 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Natural area is a landscape with a sufficient level of intact habitat structure and plant species composition to resemble a pre-settlement landscape, e.g., prairie, oak savanna, and other landscapes native to Kendall County. NRCS is the United States Department of Agriculture, Natural Resources Conservation '.. Service. Pond is a body of water less than two acres in size that retains a normal water level year- round. Qualified professional is a person trained in one or more of the disciplines of biology, geology, soil science, engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream, lake, pond, and wetland conditions and impacts. Relative Importance Value (RIV). The RIV for each species is calculated by summing relative frequency and relative cover and dividing by 2. The RIV is calculated from data collected during the transect inventory. '.. Roadside ditches are drainage ditches created for the purpose of providing roadway drainage. Runoff is the water derived from melting snow or rain falling within a tributary drainage basin that exceeds the infiltration capacity of the soils for that basin. Seep is a wetland, herbaceous or wooded, with saturated soil or inundation resulting from the diffuse flow of groundwater to the surface stratum. Site is all of the land contemplated to be part of a coordinated development of one or more parcels. USACE is the United States Army Corps of Engineers. Valid Wetland delineation means an on-site wetland delineation that is conducted in accordance with the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual within three years of the initial permit application date. Watershed is the land area above a given point that contributes stormwater to that point. Waters of the U.S. is a term that refers to those water bodies and wetland areas that are under the U.S. Army Corps of Engineers jurisdiction. Wetland is land that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, under normal conditions, a prevalence of vegetation adapted for life in saturated soil conditions (known as hydrophytic vegetation). A wetland is identified based upon the three attributes: 1 ) hydrology, 2) soils, and 3) vegetation as mandated by the 1987 Federal wetland determination methodology (Wetlands Delineation Manual). Wetland impact is the direct or indirect loss of Isolated Waters of Yorkville that results from implementation of a proposed activity. This includes Isolated Waters of Yorkville that are adversely affected by flooding, excavation, dredging, Fill, drainage, hydrological Article 2 7 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE DEFINITIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS disturbance, vegetation removal (other than for maintenance or restoration purposes), that results from implementation of a development activity or dumping, or non-permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville. Article 2 8 A_ffIcle_.3 Deleted: A Wetland Protection Standards and Permit Provisions I A A A A A I A I A i A A A I A A A A A A A A A A A A A A A A A A A A A 1 A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMINATER MANAGEMENT BENEFITS Section 3.1 General Standards The requirements of this Ordinance are for the region of the United City of Yorkville and based on the ecological characteristics of this region. Section 3.1 .1 Buffer Requirements 1 . Buffer areas shall be required for all areas defined as either Isolated Waters of Yorkville or Waters of the U.S. except for areas that meet a Category III definition. Isolated Waters of Yorkville are under the jurisdictional authority of the United City of Yorkville and this Ordinance and are defined in Section 2.1 of this Ordinance. Waters of the U.S. as defined in Section 2. 1 of this Ordinance refers to areas that are under the jurisdictional authority and regulated by the United States Army Corps of Engineers (USACE). 2. Buffer areas are divided into two types, linear buffers and water body buffers. The following buffer requirements shall be met for all proposed development projects and provided for all wetlands except for areas meeting the definition of a Category III wetland (roadside ditches and manmade stormwoter management facility, refer to Section 2. 1 ). For areas under the iurisdiction of the USACE the most stringent buffer rea!irements shall apply. 1 ) Linear buffers shall be designated along both sides of the channel. The buffer Width shall be determined as follows: a. All channels except those determined to be High Quality Aquatic Resource (HQAR) shall have a minimum buffer of 30 feet. Also, five (5) additional feet of buffer shall be required for each percent of average buffer slope towards the "waters" that is greater than 10% up to a maximum of a 100 foot buffer. For example, a 30-foot buffer with a 20% slope will require an additional 50 feet of buffer.-The buffer slope shall be determined from the average slope landward of the_ioo of bank. To evaluate top_of bank for purposes of this Ordinance,_the `oo of bank sh Il1 e the highest point of eieva!iom artifl is al ar naiuraL b. Streams rated Class A or B in the Illinois Biological Stream Characterization study or with an Index of Biotic Integrity (IBI) greater than 40 shall have a minimum buffer width of 100 feet on each side of the channel. (Initial IBI based on ]EPA Illinois Water Quality Report. A site-specific IBI assessment may override this report). c. For streambank stabilization projects, those projects that involve a change in land use shall apply the minimum 30 foot buffer and up to a maximum of 100 foot buffer criteria. If the project does not involve a change in land use, then a 10 foot buffer shall be required adjacent to all streambank stabilization work. 2) Buffers shall encompass all wetlands greater than I/ acre and determined not to be a high quality aquatic resource (HOAR) . The buffer width shall be determined as follows: a. For all wetlands with a total surface area greater than one quarter ( 1 /4) acre with f]orsfc quality values of native Mean C < 2.8 andlor native `OI < 20, and Article 3 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE. WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS . FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS determined not to be a HQAR, a minimum buffer width of Kjeet shall, be_. ... - Deleted: so established, Also, five (5.) additional feet of buffer shall be required.,for each,. _ .. _ - Deleted: percent of buffer slope towards the wetanal tnat is greater than 10% up to a maximum of a 100 foot buffer. '. b. For all wetlands with a total surface area areater than one auarter (1 /41 acre with floristic quality values of native Mean C ? 2.8 arid native FQI ? 20 and determined not to be a HOAR, a minimum buffer width of 50 feel snail be estotlishei,.-_Ain. frvel5 . addii_or?_p_feel of huff_er shall be rE'—rea for ea,rh p reedt of buffer slope towards the wetland that is greater than 107o uo to a maxirnum p, q_i Q0 faot buffo, c. For all wetlands regardless of size that meet the definition of a HQAR (ephemeral pools, fens, forested wetlands, sedge meadows, seeps, streamside marshes, wet prairies, wetlands supporting Federal or Illinois endangered or threatened species, and wetlands with a native floristic quality index (FQI) of 25 or greater and a native Mean C value of 3.2 or greater), shall have a minimum buffer width of 100 feet. 3. Buffer areas for all linear Isolated Waters of Yorkville or Waters of the U.S,, shall extend_ Dented: and i from the ton of bank. The buffer area for non-linear Isolated Waters of Yorkville or Waters of the U.S., except wetlands, shall extend from waters edge at normal water level. The_ Deleted: the buffer area for wetlands shall extend from the edge of the approved - delineated wetland boundary. A site may contain buffer that originates from Isolated Waters of Yorkville or Waters of the U.S. on another property. 4. Buffer cveragin sa W e perLn+ite t_he disci pn pf_.ihe Adn�iristratpnErut gt na time shall the buffer width at any given point be less than 50% of the required width, and provided that the total buffer area required is achieved_.,_A reduction of huff._er width sh I not occur for a_ry_portion where the adjacent landscape has a_siote towards the wetland Equal to or areater than 3: 1;_excepi.if gn.exisiina net.. epgarthen_berm,_is.. in place that slows and/or contains the surface water runoff toward the wetland. In such case the exisfin . barrier shall remain in_place pnd_b_,e incgrparafed into the design. The barrier shall be maintained as part of there uired buffer area. 5. The requirement of buffers is strictly for preservation measures of wetlands and shall not constitute enhancement measures of existing wetlands for any mitigation requirements of said development. 6. Buffers shall be established using appropriate deep-rooted vegetation, protected from direct and indirect disturbance, and shall be appropriately managed and maintained according to an approved plan as provided under Section 3.2.4. Buffers shall typically consist of native vegetation unless otherwise approved by the Administrator. 7. If a buffer area is disturbed by permitted activities during construction, the buffer area shall be stabilized following the provisions of the United City of Yorkville's Soil Erosion and Sediment Control Ordinance and planted with appropriate vegetation as stated above. B. Access through buffer areas shall be provided, when necessary, for maintenance purposes. Unless otherwise dedicated for a public purpose or to a public entity, buffer areas shall remain private property and shall not be generally accessible for the public. Article 3 10 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY B STORMWATER MANAGEMENT BENEFITS 9. Preservation of buffer areas shall be provided by deed or plat restrictions. Only public ar - Deleted: No ouasi-Dublic property, e.a. municipal common Homeowners Association MO.A) lot lines shall be allowed within the limits of the buffer areas. 10. Features of a stormwater management system approved by the Administrator may be allowed within the buffer area provided it is a naturalized detention basin that consists of a natural design shape as well as native plant communities, or other naturalized stormwater management Jecture and provided_ there is no direct discharge to the_ . - Deleted: feDrores wetland habitat.__A, slorn,wat�mgna*�ernent.. featare_s.L_rall be_located_at gtanin;url -- ------- - .......--J fifteen (151 feet frorn the edge of wetland, or top of bank for linear buffers. Discharge frgrn Y?e At_Q=•v%dater In nGgcmenp_feafure shot; be direc_ed to ttreoutside ecg: of the reoulred buffer w Cin_to allow, the fu!I_width o_.f the bu fe to�e wed for erergy dissipation and wglier _.a 11yprgtecfion. The Administrator shall review and approve, as appropriate, well-designed stormwater management systems within the buffer area on a project by project basis. 11 . Stormwater discharges that enter a buffer shall have appropriate energy dissipation measures to prevent erosion and scour. 12. All buffer areas shall be maintained free from development including disturbance of soil, dumping or filling, erection of structures, and placement of impervious surfaces except as follows: 1 ) A buffer area may be used for passive recreation (e.g., bird watching, walking, jogging, bicycling, and picnicking) and it may contain pedestrian or bicycle trails, provided that the created path is no wider than 10 feet. Paths or trails, excluding._a mowed__grgss ath 3ha_sl be loga_e- dot u mini n .,_fft(Ln 15 feet from the edge of wetland or stream- If the path leads to a wetland, it must be designed to prevent erosion. 2) Paved surfaces including trails may not occupy more than 15% of the total surface area of the required buffer. If a payed path or +rail width is greater than 15% of the buffer width_then lhnpaih width shall be added to the overall buffer width Where orals strips are desired adjaceni to paths they shall be no wider than two (2) feet on each side of the path. 3) Utility maintenance and maintenance of drainage facilities and drainage easements shall be allowed provided the maintenance activity meets all other federal, state, and local regulations. Section 3.1.2 Wetland Hydrology Protection 1 . Any development that may reasonably be expected to impact the recharge zone of a fen, seep, or other groundwater-driven wetland with vegetation characteristic of these habitats requires a higher level of protection. Due to the uniqueness and fragility of these habitats, the developer of any proposed development within potential recharge zones shall to the extent possible identify, maintain, and protect said recharge zones. The Administrator shall evaluate and determine if additional documentation is required on a case by case basis. Section 3.1 .3 Stormwater Management within Isolated Waters of Yorkville Article 3 11 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 1 . Stormwater management facilities shall only be allowed in areas that meet the definition of farmed wetlands or Isolated Waters of Yorkville that contain at a minimum, vegetative cover of = 7576 of one or more of the following species. • Reed Canary Grass (Phalaris orundinacea). • Purple Loosestrife (Lythrum salicaria). • Common Reed (Phragmites oustrolis). • buckthorn (Rhamnus slop.). ',, I 1 ) The stormwater management facility shall be designed as a naturalized wetland basin that contains native vegetation communities and does not exceed a 4-foot bounce for the 100-year, 24-hour storm event. Jvtitggtion_ _ - Deleted: The credit for designed permanent open water area(s) shall not Jpe_,graried for_ _ _ Deleted: constitute more than 207o of ihe ,overnll required mll nation acreage. At the discretion of _ °°°m°^° •^°��'°°°m°°�09v ° -� the Administrator, however erecter than 20% Va to a maximum 50so mltiaafion Deletedampactetlwetlgnd _ J credit for o en water may be applied for mitiaation desicins that create interspersion of open water with emer en; wetland habitat u^ to a maximum 50%. The area of the basin as measured between the contours corresponding to one (1 ) foot above NWL and two (2) feet below NWL shall be at least equal to the remaining impacted wetland acreage. The designed naturalized basin shall demonstrate an overall environmental improvement. 2) A naturalized buffer that contains appropriate native vegetation shall be provided, at a minimum, up to the High Water Level (HWL). 3) A three (3) year management and monitoring plan shall be provided for the naturalized stormwater management facility. The management/monitoring plan shall include performance standards, which identify percent of seeded/planted species to be alive and apparent; vegetative cover of native , non-weedy species; and floristic quality for each monitoring year, monitoring methods, prescribed maintenance activities for the 3-year period, and long- . term management provisions. 2. The Administrator may waive mitigation requirements for wetland impacts from the development of stormwater management facilities within wetland habitat if the designed naturalized wetland basin meets the above criteria. If the proposed stormwater management facility does not meet the above criteria, the mitigation requirements of Article 4 of this Ordinance shall apply. Section 3.1 .4 Discharge to Isolated Waters of Yorkville or Waters of the U.S. 1 . There shall be no direct discharge of stormwater runoff to Isolated Waters of Yorkville or Waters of the U.S. without pre-treatment. Accepted methods of pre-treatment include, but are not limited to created wetland detention basins, naturalized swales, biofiltration practices, and other measures that filter and/or detain runoff. It must be demonstrated that the proposed pre-treatment measure will remove a minimum of 80% total _ suspended solids (TSS) and prevent increases in water level fluctuations up to and including the 2-year event within the wetland. All discharges shall be to the wetland buffer. Pre-treatment measures may be located within the buffer with approval from the Administrator. Appropriate energy dissipation measures, such as level spreaders, shall be provided to prevent erosion and scour. Article 3 12 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 3.1 .5 Protection of Isolated Waters of Yorkville During Development 1 . All Isolated Waters of Yorkville designated for preservation shall be protected during development such that a FQI calculated two years after the commencement of development shall not be more than five (5) points less than the originally calculated FQI. The re-evaluation of all preserved wetlands shall be completed during a similar stage of the growing season as was conducted for the original assessment (±30 days) . if final build out of all lots contiguous to Isolated Waters of Yorkville has not occurred, the re- - evaluation of all preserved wetlands shall be repeated each year until completion of development. If there is a decrease in the FQI value for two consecutive years, and/or a > 5 point drop in the FQI value from the original value, a wetland impact to Isolated Waters of Yorkville shall be assumed, and the mitigation requirements of Article 4 of this Ordinance shall apply. 2. The initial re-evaluation data shall be submitted to the Administrator during the second year after commencement of the development. All subsequent re-evaluation data shall be provided to the Administrator on an annual basis until final build out of the development has occurred. Section 3.1 .6 Maintenance of Stormwater Management Facilities 1 . Dredging of stomwater management facilities that meet the definition of Isolated Waters of Yorkville for the purpose of periodic maintenance shall be allowed without the issuance of a Wetland Protection Permit given that the dredging activity will only re- establish the original design depths and measures shall be taken to preserve any wetland fringe and/or buffer (if applicable). If any disturbance to the wetland fringe is unavoidable, then the wetland fringe shall be restored with appropriate native vegetation. All applicable federal, state, and other local regulations and ordinances shall be met, and notification of the maintenance activities to the Administrator shall be required prior to commencement of the maintenance activity. Section 3.2 Wetland Permit Provisions Section 3.2.1 Applicability 1 . No person, firm, corporation, governmental agency, or organized district shall commence any development regulated by the City on any lot or parcel of land without first submittal of applicable items presented in 3.2.2 and 3.2.4 and receipt of applicable permit. 2. No lot lines shall occur in created, restored, enhanced, or preserved Isolated Waters of Yorkville or Waters of the U.S. and their associated buffer areas. Section 3.22 Wetland Determination Requirements 1 . Development projects near water courses, depressional areas, wetlands or Waters of the U.S. identified on National Wetlands Inventory (NWI) map, Natural Resource Conservation _ Service wetland m f or as requested by the City shall provide a letter of findings from a Deleted: If no wetlands are qualified professional that identifies all Isolated Waters of Yorkville, Waters of the U.S., and identified within the limits or the natural areas on or within 100 feet of the project site. Identification of each of these site or within 100 feet of the site, then a wetland determination areas shall include a floristic inventory and floristic quality assessment (FQA) data. Affsi!e_,' letter of Findings shall be submitted we117nds or Waters of the U.S. within 100 feet of oroiecl site shall be assessed for that contains a floristic inventory and FQA data for the site. Article 3 13 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE ' WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS veaetative ouallfv and size to the extent feasible. If aoolicanf demonstrates that access to offsite property was not obtainable the Administrator may waive the reauirement for surveying of off5i-e wetand boundaries. If no wetlands are identified within the limits of the site or v�rifhin 100 feet of the site, then a wetland determination letter of findinas shall he submitted that contains a brief description of the plant communities present on site and a coon of the Natural Resources Information (NRI1 Report prepared by the County Soil and Water Conservation District for the site. If Isolated Waters of Yorkville or Waters of the U.S. are identified within the limits of the site or within 100 feet of the site, a Wetland Permit Submittal following Section 3.2.4 shall be required. Section 3.2.3 Pre-Submittal Meeting 1 . It is recommended that the applicant schedule a pre-submittal meeting with the Administrator to review the proposed project, discuss submittal requirements and questions the applicant may have. 2. If the proposed development contains a HQAR, a pre-submittal meeting with the Administrator is mandatory. Section 3.2.4 Weiland Permit Submittal Requirements Appendix A contains the Wetland Permit Application and Permit Submittal Flowchart. Appendix B contains the Wetland Permit Submittal Checklist for use with the permit submittal requirements. With the filing of a Wetland Permit Application, the applicant and owner (if not the applicant) grants permission to the Administrator and his/her designees to access - said property to assess site conditions for the review and assessment of the wetland permit submittal. The Wetland Permit Submittal shall provide the following: 1 . A wetland delineation report as specified in Section 3.2.5. 2. A narrative report and Site Plan that demonstrates compliance with the provisions of Sections 3.1 . 1 through 3.1 .5 of this Ordinance and specifies prescribed management activities, long-term management provisions and funding mechanism, and the long-term responsible party as presented in Article 5 of this Ordinance for the buffer area(s). 3. USACE statement of jurisdictional determination that identifies Waters of the U.S. and Isolated Waters of Yorkville for all wetlands on the development site. A copy of the letter shall be provided to the Administrator. 4. For proposed impacts only to Waters of the U.S. the following requirements shall be followed: 1 ) Completion of the Wetland Permit Application as provided in Appendix A of this Ordinance. 2) Provide a copy of the USACE permit submittal for the proposed development or a letter from the USACE that states the proposed development does not require USACE authorization. Upon receipt of any USACE, Illinois Environmental Protection Agency (IEPA), and/or Illinois Department of Natural Resources Office of Water Resources (OWR) authorizations, the applicant shall provide a copy(s) to the Administrator. Article 3 14 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY STORMWATER MANAGEMENT BENEFITS 3) All wetland impacts that occur in the City's jurisdiction shall be mitigated for Within the same watershed as the impact(s) at the mitigation ratio specified by the USACE for that development impact. 4) Provide a Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's Soil Erosion and Sediment Control Ordinance. 5. For proposed impacts only to Isolated Waters of Yorkville the following information shall be provided: 1 ) Completion of the Wetland Permit Application as provided in Appendix A of this Ordinance. 2) A statement on the permit category of impacts to be used for the development project. The categories are as follows: a. Category l: Wetland impacts less than or equal to one (1 ) acre and does not impact a HQAR. b. Category 11: Wetland impacts greater than one (1 ) acre and does not impact a HQAR. c. Category III: Roadside ditches and stormwater management facilities that meet the definition of Isolated Waters of Yorkville. d. Category IV: Wetland impacts for the restoration, creation, and enhancement of Isolated Waters of Yorkville as approved by the Administrator, provided that there are net gains in aquatic resource function. e. Category V: Wetland impacts that affect a HQAR. f. Category VI: Wetland impacts to farmed wetlands. 3) Documentation that the development is in compliance with the Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act [520 ILCS 10/11 and 525 ILCS 30/17]. 4) Documentation that the development is in compliance with the U.S. Fish and Wildlife Service's consultation program under the Endangered Species Act. 5) A statement on the occurrence of any HQAR on or within 100 feet of the development site. b) Mitigation plan (if applicable) that meets the requirements of Article 4 of this Ordinance. 7) For Category 11 or Category V Impacts only: A narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. Category II or Category V impacts shall also require a detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts to Isolated Waters of Yorkville. Article 3 15 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY S, STORMINATER MANAGEMENT BENEFITS 8) For Category III impacts only A narrative of the measures taken to mitigate for lost water quality functions, Such as the implementation of Ph4Ps Approval o - j Deleted: . appropriate BMPs will be a the discretion of the Administrator. 9) For Category IV impacts only: A narrative of the proposed plan that demonstrates net gains in aquatic resource functions. 10) For Category VI impacts only: A narrative of mitigation measures that will provide an environmental benefit, e.g. improved habitat, water quality, etc. 11 ) Soil erosion and sediment control measures following the City's Soil Erosion and Sediment Control Ordinance. 6. For proposed impacts to both Isolated Waters of Yorkville and Waters of the U.S., the wetland submittal shall include all applicable items within Section 3.2.4. Section 3.2.5 Requirements for Wetland Delineation Before any development in or near Isolated Waters of Yorkville or Waters of the U.S., a wetland delineation that identifies the boundaries, location, function, and applicable floristic quality of all onsite Isolated Waters of Yorkville and Waters of the U.S. as well as a floristic inventory and FQA data of natural areas on the project site shall be submitted. The presence and limits of wetland areas shall be determined by a valid wetland delineation conducted in accordance with the 1987 USACE Wetlands Delineation Manual. Delineations for permitting purposes shall generally be performed only during the period beginning the 2nd week of March and ending the first week of December. At the discr •tE io of the Administrator, the acceptable delineation period may be modified due to unusual weather or other jqonpitior1_Any presence of farmed wetlands shall be determined by the Natural Resource Conservation Service (NRCS) . For Isolated Waters of Yorkville and Waters of the U.S. within 100 feet of the development property for which an on-site delineation is not possible, then wetlands identified on a NWI map may be sufficient. The following are minimum requirements for the Wetland Delineation Report: 1 . A plan shall be submitted that shows the exact location of Isolated Waters of Yorkville and Waters of the U.S. within the development boundaries. The wetland boundary shall be flagged in the field and in order to determine buffer and any applicable wetland mitigation requirements, the wetland boundary shall be surveyed. 2. An aerial photograph with wetland and development boundaries delineated. 3. A copy of the following maps (most recent available) with the development boundary delineated: 1 ) USGS topographic map. 2) Kendall County soil survey map. 3) NWI map. 4) FEMA fioodplain map. Article 3 16 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY 6 STORMWATER MANAGEMENT BENEFITS 4. Completed USACE data sheets with representative color photographs provided for each data point. 5. A description of each wetland habitats) that includes the following: 1 ) FQA data that follows the methods provided in Swink, F. and G. Wilhelm's Plants of the Chicago Region patest edition ._ In general, the floristic inventory shall be _ - - - oeletee:_199a_4�^.Ealtfon __.. conducted between May 14, 5 and October 15+^. Ai the- discretion O the _ . - � Deletetl: ht —� Administrgtor period ma 12e rnodu�ed due to unusual weather or other conditions. Floristic assessments conducted outside this time period may require additional sampling during the growing season to satisfy this requirement. 2) Wildlife habitat assessment for each wetland that evaluates utilization of the wetland by wildlife, interspersion and structure of vegetative cover (number of plant communities, e.g., emergent marsh, wet prairie, seep, forested, etc., present within the wetland system), and ratio of vegetative cover to open water. 3) Description of the present functions provided by each wetland. 6. For all farmed wetlands that are present within the project site, the NRCS Certified Wetland Determination Report shall be provided. Section 3.2.6 Wetland Permit Conditions 1 . The Administrator or City Council, as applicable, shall attach any additional reasonable permit conditions considered necessary to ensure that the intent of the Weiland Protection Ordinance will be fulfilled, to avoid, minimize or mitigate damage or impairment to, encroachment in, or interference with natural resources and processes within the protected wetlands or watercourses, or to otherwise improve or maintain the water quality. 2. Any change in the size or scope of the development and that affects the criteria considered in approving the permit as determined by the Administrator or City Council as applicable, may require the filing of a new wetland permit submittal. 3. Any temporary, seasonal, or permanent operation that is discontinued for one (1 ) year shall be presumed to have been abandoned and the wetland permit automatically voided. Abandonment of the project may subject the permittee to forfeiture of the performance security. 4. Any permit granted under this Ordinance may be revoked or suspended by the Administrator or City Council, as applicable, after notice and an opportunity for a hearing, for any of the following causes: 1 ) A violation of a condition of the permit. 2) Misrepresentation or failure to fully disclose relevant facts in the application. 3) A change in site conditions) that requires a temporary or permanent change in the proposed activity. Article 3 17 UNITED CITY OF YORKVILLE WETLAND PROTECTON ORDINANCE WETLAND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY 8 STORMINATER MANAGEMENT BENEFITS 5. A developer who has received a wetland permit under this Ordinance shall comply with the following in connection with any construction or other activity on the property for '.. which the wetland permit has been issued: 1 ) Comply with the City's Soil Erosion and Sediment Control Ordinance. 2) Maintain clear delineation of the protected wetlands and wetland buffers during the on-going development activities. 6. The wetland permit shall remain effective for two (2) years. The granting authority upon request by the permittee may approve a maximum one (1 ) year extension. Article 3 18 Article 4 , Deleted: A Wetland Impacts and Mitigation Requirements n A A fl A A A A A A A A A fl A fl A A A fl fl A fl fl fl fl A A fl 9 A A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 4.1 Unmitigable Wetland Impacts 1 . Wetlands of any size identified as having a FQI greater than or equal to 35 or mean C value of 3.5 or greater shall not be impacted via flooding, excavation, dredging, fill, drainage, or other hydrological disturbance, vegetation removal (other than for maintenance or restoration purposes) as part of any development or dumping, or non- . permitted discharge of chemicals or other pollutants. The FQI is solely based on the wetland vegetation. To determine the floristic value of the wetland, buffers and adjacent plant communities shall not be included in the calculation. Section 4.2 Wetland Mitigation Requirements Section 4.2.1 General Mitigation Requirements 1 . Mitigation shall be required for all impacts, regardless of size to Category V wetlands. 2. Mitigation shall be required for wetland impacts greater than or equal to Y, (0.25) acre to Isolated Waters of Yorkville defined under Category I, Category ll, and Category VI wetland impacts. 3. Mitigation shall provide for the replacement of the wetland habitat impacted due to development activities at the following ratios (creation acreage to wetland impact acreage): 1 ) A minimum of 1 .5:1 for wetland impacts under Category I or II that are not to a HQAR and are mitigated on-site 2) A minimum of 1 :1 for wetland impacts under Category VI and are mitigated on- site. 3) A minimum of 10:1 for wetland impacts that are to a HQAR under Category V and are mitigated on-site 4. Wetland impacts covered under Category III will not require mitigation per se, but at a minimum, shall replace the water quality functions through BMP's as approved by the Administrator. 5. No mitigation is required for Category IV wetland impacts provided the restoration, creation, or enhancement contributes a net gain of aquatic resource function(s). Category IV wetland impacts, however, shall be required to provide all Wetland Permit Submittal Requirements, as applicable, following Section 3.2.4 of this Ordinance. 6. Wetland mitigation shall be designed wherever possible to restore wetland hydrology to historic hydric soils that have been drained or dewatered. Grading activities for wetland creation and/or restoration should be minimized. 7. Mitigated wetlands shall be designed to optimize hydrologic stability and native species diversity. Designed permanent open water area(s) shall not constitute more than 20% of the required mitigation acreage. A? the discretion of the Administrator. however areafer than 20q_up to o _maximupi 50% mitiy4_L� cre 't fo��erl_water niQ,�e gpoled_for rnitig_ation desiam that create interspersion of open water with erneraent wetland habitat. Article 4 19 UNITED QTY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 8. Any creation of wetlands for required mitigation shall take place only within areas that are not of a remnant plant community, wetlands, or other natural areas. 9. Enhancement within existing wetlands may be used as part of the mitigation credits, provided that at a minimum, wetland creation and/or restoration is at a 1 :1 ratio, the mitigation creation/restoration is provided on-site, and the impacted wetland(s) does not meet the definition of HOAR. Mitigation credit for enhancement measures will be at a 0.25: 1 ratio (0.25 acre credit for every 1 .0 acre enhanced). 10. All wetland mitigation areas shall be buffered according to the requirements of Section 3.1 . 1 . No buffer is required for that portion of a wetland mitigation area that is adjacent to an existing preserved wetland. 11 . A five-year wetland mitigation irrevocable letter of credit in favor of the City or equivalent security for 110% of mitigation cost following the provisions of Article 10 of this Ordinance shall be submitted prior to receipt of the permit. Deleted: .5 12. For those impacts that will have a total wetland impact of less than or equal to i .Qracre Deleted Administrator and i + and not affect a HOAR, the fee-in-lieu of mitigation option may be required by 1he ,City . , :. { Deleted: council Conditions under which the fee-in-lieu option may be required include, but are not Deleted: 9 limited to: <#>There are no other on-site _ .- -. .- _ _ _ _ _ _ _ _ _ .. - _ .- _ _ _ _ _ _ _ wetlands that could be 1 ) TI-ere are no other on-site or immediately adjacent wetlands +hat could be expanded.¶ 9 expanded. <#>The fatal size of the impacted wetland is 1 .0 acre or less and due 2) 'he tot, l�l size. of the im-pgeted wetland i_s_2.0 acres Or ieSS and dVC_ }a to development conditions, the development conditions. the long-term viability of the wetland is auestionable. long-term viability of the wetland is �, questionabie.9 In_additionLthe 'ee-_ip_lieu opiian mcv_be used bKtne developer for Wetland. !71 acts; this Deleted: In addition, the fee4n- will be at the discretion of the Administrator and City Council. ]ees„ aid in lieu that are.., lieu option maybe used p the p . developer for wetland impacts up not required by the Administrator and City Council, shall be comparable to the cost ai- ' to 1 .0 acre in size mitigation off-site, but within the same watershed as the wetland impact including land-, Deleted:` Deleted: For fees osts. c The mitigation rate shall be 1 '/R (1 .5) times the on-site required mitigation acreage Deleted: . for calculation of the estimate of probable mitigation cost. Fees paid in lieu , that_are required by the Administrator and City Council, shall be comparable to the cost OT On-- - - - - Deleted: For fees site mitigation including land costs. Deleted: Mitigation shall use `J Deleted: following hierarchy. ¶ 13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the tl wetland disturbed was a HOAR and shall require mitigation at a minimum rate of 10: 1 . - On Deleted: that meets the Section 4.2.2 Mitigation Hierarchy / requirements of Article a of this Ordinance.¶ All mitigation shall occur within the limits of the City's jurisdiction. . iheff-site_mitigation Off-site wetland mitigation ! purposes of this Ordinance wetland mitigation shall occur within the same xir mory_ watershed !Aux Sable or Fox River) as the wetland impact unless the is an available_, Deleted: and shall require 1 % I wetland mitigation > nk within the sub_) av ne orres ondina to±he im act Black Yier 11 .51 times the on-site required g "�`°"(" "- '-"`Mt Mt- - - - acreage and meet the Rgb RPYf. MiiiMlion shall use the follow_ingh erarchv. requirements of Article a of this Ordinance. 1 . On-site wetland rniiiaaiion is preferred but oniv it the applicant can document that the_ _ . _ . Deleted: Off-site wetland mitigation can expand the extent or�mpreve the oJalliv oT o he eAsii0g undisturbed mitigation and outside the on site or immediately adfaceni wetlands or on site mitigation will create or restore a watershed of the wetland impact and � Article 4 20 UNITED CITY OF YORKVILLE WEnAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & $TORMINATER MANAGEMENT BENEFITS Weiland eaual to or a ester than 1 .5 acres in size Or-site mitiaafion shall meet the requirements of Article 4 of this Ordinance. 2. On site wetland mitigation whir the same primary watershed as the wetland impact or wthir an raprrved wetland m`*'gatior bark locates' within the primary watershed when on-site mitigation is not feasible, Required mitigation acreage shall be the on-site required mitigation acreage. Off-ste created or restored weila•�d m'tigafian sPtali meet the reauiren:en':s of Article 4 of this Ordinance 3. Mitigation as a fee-In-lieu Payment option that 's riot required by the City The mifiaation rate st_a)I k�e_IY?._�f.ajtim_es iY_e Qrtsi!e rU.Jred_rnitjggfiangcreuae for =aicplatien _c.Tf tI're est mgte of,probable._ni. tlgafion cost . 4. Off-site wetland TriHigaiion within the some primary watershed as the wetland impact rind meets the requirements of Article 4 of this Ordinance or wi+hin an approved wetland mMoafion bark located within the primary waiershed Required mifiaatior acreage shall be 1 %] ( 1 .5) times the on-site required mitigation acreage. 5. Off-site wetland mitigation and outside the primary watershed of the wetland impact or within an approved wetland mi`icatior hank located outside the primary watershed shall require three (3) times the on-site required mitigation acreage and meet the requirements of Article 4 of this Ordinance. Section 4.3 Wetland Mitigation Plan 1 . In addition to the requirements of Article 3, if wetland mitigation is required a wetland mitigation plan shall be submitted. Refer to Appendix C for the wetland mitigation plan checklist. At a minimum, the wetland mitigation plan shall contain the following. 1 ) Narrative description of wetland impacts and proposed mitigation. Include a summary table with acreage for each existing wetland, proposed impact, and proposed mitigation. 2) A narrative of the proposed plan that includes a description of the proposed hydrologic regime, planting plan, soils, and site geomorphology, where applicable. 3) Provide a Wetland Mitigation Plan Graphic that depicts each wetland impact and all proposed wetland mitigation and limits of required wetland buffer areas and contains the planting plan for each proposed plant community, existing and proposed grades with 1-foot contour lines, protection measures for all preserved wetlands, and location of water level structures, BMPs (if applicable). 4) Specifications for wetland mitigation, which includes but is not limited to the following: a. Earthwork - rough and final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement. b. Compliance with the City's soil erosion and sediment control ordinance. c. Water control structures, if applicable. Article 4 21 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY 8 STORMWATER MANAGEMENT BENEFITS d. BMP design and implementation if proposed within wetland buffer area. e. Seed/plant installation that includes seed/plant bed preparation; procurement, list of plant material by scientific and common name . including seeding and planting rates for each designated plant community, initial maintenance requirements and warranty performance criteria, and any special planting provisions. 5) Provide a proposed implementation schedule that includes site preparation, installation of soil erosion and sediment control measures, planting schedule, and post-planting maintenance and monitoring schedule that indicates approximate month and year for each of the proposed activities. 6) Provide a maintenance and monitoring plan that identifies activities during the 5-year monitoring period and follows the requirements of Sections 4.4 and 4.5 of this Ordinance. Activities should include, but not limited to, control of undesirable plant species, herbivore control, trash removal, prescribed burn management, enhancement planting, bi-annual monitoring events, and any other necessary activities. 7) All wetland mitigation shall include a plan for the long-term management and maintenance of the preserved wetlands, mitigation wetlands, and their associated buffers. This plan shall include a description of the sources of funding, and designation of the long-term responsible party that follows the provisions of Article 5 and as approved by the Administrator. In addition, the long-term management plan shall identify long-term management strategies that include but not limited to prescribed burn management for all applicable portions of the mitigation. If bum management is not utilized, documentation shall be submitted that specifies the reasons why bum management will not be used and describes alternative management strategies that are known to be effective. 8) If the owner is different then the applicant, identify the owner of the site and provide a written assurance from the owner that the applicant has permission to use the site for mitigation. Section 4.4 Wetland Mitigation Monitoring Protocol 1 . Following the general USACE guidelines, a 5-year mitigation monitoring period shall be required to assess the success of the mitigation. The first monitoring year is considered the first full growing season after planting. In general, if the full mitigation plan including seeding/planting is completed by end of May in a particular year, that year can be considered the first monitoring year. If installation is not completed until later in the growing season, then the first monitoring year will be the next calendar year. 2. Provide a description of a monitoring protocol that meets the following provisions. 1 ) General Sampling Methods. Article 4 22 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS a. Monitoring for every year of the required monitoring period shall include two (2) monitoring events: one in late spring (May — mid-June) and the second during the late summer period from mid-August to mid-October. The purpose of the spring visit is a qualitative assessment of the mitigation site, accomplished through a meander throughout the entire mitigation area, including the buffer area, and inventories of vegetation across the different plant communities/zones. Denote any site conditions where land management should be addressed (e.g., weed control, herbivory impacts, soil erosion and sedimentation impacts). The spring site visit shall be documented in a field report as described in Section 4.6. b. The second monitoring event shall provide a more detailed qualitative assessment, and conduct quantitative sampling along transect lines and document site conditions with photographs that are taken at permanent photo stations. The general inventory and FQA data shall be compiled and summarized in the annual monitoring report as described in Section 4.6 2) Transect Sampling Methods. a. Generally, at least one (1 ) transect line shall be established within each of the proposed wetland mitigation areas and within each plant community across the mitigation site, including one in the buffer area. Transect locations shall be documented so that sampling can be repeated year to year. b. A sufficient number of quadrats shall be sampled along each transect line to provide full representation of the plant community. In general, a minimum of ten (10) 0.25 square meter quadrats per transect is sufficient. Quadrat intervals and number will depend on the size and uniformity of the plant community. The sampling procedure includes the recording of all plant species within the quadrat and the assignment of a cover value. For further detail of the sampling method refer to the "Monitoring Vegetation" chapter in The Tallarass Restoration Handbook: for prairies, savannas, and woodlands (Packard, S. and Mutel, C. 1996). From these data, the Mean C, FQI, and relative importance values (RIV) are generated and are to be compared with results of the previous monitoring events. 3) Additional Monitoring Parameters. In addition to the FQA method stated above, some projects may require additional monitoring parameters for the mitigation and/or preserved wetland(s) such as hydrology, wildlife, etc. The requirements of additional monitoring parameters shall be reviewed and required (if any) by the Administrator on a project by project basis. Article 4 23 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY 8 STORMWATER MANAGEMENT BENEFITS 4) Preliminary Wetland Delineation. A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted during the third (3rd) year of monitoring. The extent of developed wetland shall be based on the prevalence of hydrophytic vegetation. If the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to the Administrator. Refer to Section 4.7 Mitigation Requirements for Non-performing Wetlands. 5) Final Wetland Delineation. A final wetland delineation of the mitigation wetland(s) boundary shall be conducted during the fifth (5th) monitoring year. Section 4.5 Wetland Mitigation Performance Standards 1 . Erosion Control - A biodegradable erosion blanket shall be used for areas up to the 2- year stage and a temporary cover crop shall be seeded within the wetland mitigation; which includes the buffer area above the 2-year stage, within seven (7) calendar days of completion of construction activities. If the developer is unable to comply with the 7-day requirement then the developer shall follow the City's Soil Erosion and Sediment Control Ordinance. Any additional soil and erosion control measures shall be in accordance to the City's Soil Erosion and Sediment Control Ordinance. 2. Floristic Quality Assessment. 1 ) General Inventory. a. By the end of the third full growing season, 30% of the seeded species and 90% of the plugged species should be present; and native Mean C and native FQI values shall be greater than or equal to 2.5 and 15, respectively, for each installed plant community. b. By the end of the fifth full growing season, 40% of the seeded species and 807* of the plugged species should be present. The native Mean C and FQI values shall be equal to or greater than 3.2 and 20, respectively, as measured for each plant community type that comprises the mitigation area, including the native plant community within the buffer area. The native Mean C and FQI values should increase each successive year after installation. c. By the end of the fifth full growing season, the native Mean W shall be less than or equal to zero (0) for each of the wetland communities. Generally, prior to the fifth monitoring year, the FQA data presented in the annual report should reflect a positive trend in floristic metrics in order to be confident that the mitigation shall meet the stated performance standards in the fifth year. If the mean wetness coefficient is greater than zero (0), this is an indication that wetland conditions are not developing. If the native Mean C has not increased from the previous year's monitoring results, this is an indication that additional management activities may be required. It is Article 4 24 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS in the permiffee's best interest to take necessary measures early in the project in order to ensure compliance with the proposed wetland mitigation. 2) Transect Inventory. a. The RIV of total native plants should increase each successive year after installation. Generally, at the transect level there should be a positive trend in the floristic metrics for the mitigation monitoring period. If such a trend is observed, one can conclude that for a particular plant community all reasonable measures have been taken to manage that area. 3. General Standards. 1 ) By the end of the fifth full growing season, there shall be no area, across the entire mitigation site, greater than 0.5 square meter that is devoid of vegetation, as measured by aerial coverage, unless specified in the approved mitigation plan. 2) By the end of the fifth full growing season, none of the three most dominant plant species in any of the communities that comprise the mitigation site, which includes the buffer area, may be non-native or weedy species including, but not limited to, Reed Canary -Grass, Common Reed, Kentucky Blue Grass, Purple Loosestrife, cattails, Sandbar Willow, Feld Thistle, sweet clover, woody shrubs such as buckthorn, Eurasian honeysuckles, European High Bush Cranberry, and other non-native, weedy species. 3) By the end of the fifth full growing season, the proposed wetland acreage as depicted in the approved plan shall have been achieved. The extent, or deficiency of wetland acreage, that has not been achieved, is the extent to which the developer shall be liable. Refer to Section 4.7 Mitigation Requirements for Non-performing Wetlands. Should the developer choose to provide additional required mitigation credits via creation, restoration, or enhancement measures, the developer shall be required at a minimum, to maintain and monitor the creation, restoration, or enhancement wetland(s) for an additional three (3) years. Should the developer choose to provide enhancement measures, the developer shall provide baseline floristic data of the proposed enhancement wetland (s). 4) Additional Proposed Criteria — Depending upon the mitigation plan submitted there may be additional criteria required to supplement the above standards. These shall be evaluated on a project by project basis. Section 4.6 Post Construction Submittal Requirements 1 . Submit as-built conditions to the Administrator for review and approval as identified below. Article 4 25 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MIDGATION REQUIREMENTS FOR WATER QUALITY 6 STORMWATER MANAGEMENT BENEFITS 1 ) Final Grading - upon completion of final grading but before planting, submit certified as-built plans with benchmarks that depict elevations in the mitigation area(s), including invert elevations of all water control structures. The normal water level elevation and resulting acreage of open water, if applicable, shall be specified. Provide a narrative explanation for any deviation from the approved mitigation plan. If the grades are not within 0.2'± of the approved plan, the permittee may be responsible for taking necessary corrective measures. 2) Vegetation - submit a list of the actual species seeded and planted by scientific and common names for each community zone, including the quantity of each species installed (seed weight/acre, number of plugged plants/acre), dates of seeding and/or planting, source of stock, and the installation method(s). The vegetation as-built submittal shall include the Wetland Mitigation Plan graphic that demarks the limits of each community zone installed and identifies any revisions to the planting plan. 2. Monitoring Reports. 1 ) Field reports shall be prepared and submitted to the Administrator within four (4) weeks of the spring monitoring visit. The field report shall include a brief - description of existing site conditions and proposed management activities that should be addressed during the present growing season. 2) Annual monitoring reports shall be prepared and submitted to the Administrator by December 30th of the monitoring year. The annual reports shall include the FQA data and discussion of FQA results, when applicable, discussion of adherence to the appropriate performance standards, narrative of the general site conditions, identification of management activities that occurred during the growing season, recommended management activities to occur over the successive 12-month period, and photographs from the established photo stations. The first year monitoring report shall also include a description of the transect line locations as well as a graphic of the Wetland Mitigation Plan that denotes the location of all established transect lines and permanent photo stations. Years 3 and 5 monitoring reports shall include the results of the surveyed wetland delineation including completed data forms and a graphic that depicts the location of data points. Section 4.7 Mitigation Requirements for Non-performing Wetlands 1 . If the Preliminary Wetland Delineation, performed during the third monitoring year, determines that the delineated wetland acreage deviates negatively, 10% or greater than the required mitigation acreage, the developer shall be required to prepare and submit a Remedial Action Plan to the Administrator. The Remedial Action Plan shall address measures that will be undertaken to resolve the lack of wetland habitat. A Remedial Action Plan shall be submitted to the Administrator within sixty (60) days of submitting the preliminary wetland delineation findings. If the developer fails to comply with the provisions of this section, the City may draw upon the required performance Article 4 26 UNITED CITY OF YOR"LLE WETLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITIGATION REQUIREMENTS FOR WATER QUALITY 8 STORMWATER MANAGEMENT BENEFITS security following the provisions of Article 10 of this Ordinance to remediate the mitigation site conditions. 2. If the Final Wetland Delineation, performed during the fifth monitoring year, determines that the delineated wetland acreage does not meet the required mitigation wetland acreage, the Administrator may require an extension of the 5-year monitoring period, payment of fee4n-lieu equivalent to the costs associated with the construction, planting, monitoring and maintenance of the wetland acreage that is lacking, or request other measures to meet the intention, requirements, and spirit of this Ordinance. Failure to meet the required wetland acreage shall be reviewed and measures required on a project by project basis. 3. In addition, if the Administrator or his/her agent determines that the wetland mitigation does not meet the Wetland Mitigation Requirements of Section 4.2 and the Wetland Mitigation Performance Standards of Section 4.5, the developer shall meet with the Administrator to determine the acceptable means by which the developer shall meet his/her wetland mitigation obligation(s). Based upon the review and decision of the Administrator and City Council, the developer may be required to: 1 ) Continue management and enhancement measures of the mitigation areas) for a specified period beyond the 5-year monitoring for the improvement of vegetative quality and diversity in order to meet the required performance standards of this Ordinance. 2) Provide additional mitigation credits through enhancement measures for other existing wetland(s). 3) Provide funding into the fee-in-lieu program. 4. If the Administrator and City Council requests that the developer meet his/her mitigation requirements via payment in-lieu, the Administrator shall make an estimate of the probable cost of mitigating for the deficiency in performance. The Administrator shall have the right to draw on the performance security the amount of funds appropriate to remedy the wetland mitigation to meet the performance standards, conditions, and wetland protection standards of this Ordinance. The remainder of the performance security shall then be released. The amount withheld for remedy of the mitigation shall be deposited in the fund created under and expended in the manner described in Article 11 . Article 4 27 rtlCie 5 , - Deleted: fl Long-Term Maintenance Provisions fl fl 9 9 A fl A fl 9 9 A fl fl fl fl fl 9 1 9 1 A A 9 A 9 A A A A fl A 9 A fl UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE LONG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY B STORMINATER MANAGEMENT BENEFITS Section 5.1 Long-term Maintenance 1 . Unless maintenance responsibility has been delegated to and accepted by another person under this section, the owner shall maintain that portion of the preserved and mitigation wetlands and their associated buffers. With the approval of the Administrator the preserved and mitigation wetlands and their associated buffers may be: 1 ) Dedicated or otherwise transferred to and accepted by the City or other public entity. 2) Conveyed or otherwise transferred to and accepted by a homeowner's association, or similar entity, with the members being the owners of all lots or parcels comprising the development. 3) Conveyed to a person or entity that specializes in conservation and protection of wetlands. Section 5.2 Transfer to City or Other Public Entity 1 . If any portion of the preserved and mitigation wetlands and their associated buffers is to be dedicated or otherwise transferred to the City or other public entity under Section 5.1 .1 , appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of such entity on the final plat. Section 5.3 Transfer to Homeowner's or Similar Association 1 . If any portion of the preserved and mitigation wetlands and their associated buffers is to be conveyed or otherwise transferred to a homeowner's or similar association under Section 5.1 .2 then: 1 ) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of such association and the City on the final plat. 2) The association shall be duly incorporated and a copy of the Certificate of Incorporation, duly recorded, and bylaws and any amendment to either of them, shall be delivered to the Administrator. 3) The bylaws of the association shall, at a minimum, contain the following: a. A provision acknowledging and accepting the association's obligation to maintain those portions of the preserved and mitigation wetlands and their associated buffer areas conveyed or otherwise transferred to it under this Ordinance. b. A mechanism for imposing an assessment upon the owners of all of the lots or parcels comprising the development that is sufficient, at a minimum, to provide for the maintenance of those portions of the preserved and mitigation wetlands and their associated buffers conveyed or otherwise transferred to it under this Ordinance, and the payment of all taxes levied thereon. A Special Service Area shall be established for the development Article 5 28 UNITED C" OF YORKVILLE WETLAND PROTECTION ORDINANCE LONG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS area to provide an ongoing revenue source in the event that the homeowners association is not managing the wetland. c. A provision adopting the plan of long-term maintenance set forth in the application for a wetland permit, with approved amendments. d. A provision identifying the officer of the association responsible for carrying out the obligations imposed upon the association under this Ordinance. e. A provision requiring the consent of the City to any amendment of the bylaws changing any of the provisions of the bylaws required by this Ordinance. f. A provision requiring the consent of the City to the dissolution of the association. 4) Any conveyance or other instrument of transfer delivered under Section 5. 1 .2 shall include a covenant that imposes upon the association the obligations set forth in this section and the association's affirmative acceptance thereof. Section 5.4 Conveyance to a Person or Entity Specializing in Conservation 1 . If any portion of the preserved and mitigation wetlands and their associated buffers are to be conveyed to a person or entity under Section 5.1 .3 then: 1 ) Appropriate easements for ingress and egress and maintenance of such portions shall be reserved for the benefit of the City on the final plat. 2) The final plat shall contain a legend imposing the maintenance obligations of this section upon the grantee and his successors in interest as a covenant running with the land and incorporating by reference the plan of long-term maintenance set forth in the application for a wetland permit, with approved amendments. 3) The final plat shall contain a legend reserving the right of the City to enter upon the land to perform the maintenance required in this section if the owner does not do so and to place a lien against the land for the cost thereof. 4) A Special Service Area shall be established for the development area to provide an ongoing revenue source in the event that the person or entity is not managing the wetland. 5) Any conveyance delivered under Section 5.1 .3, and any subsequent conveyance, shall include a covenant that imposes upon the grantee the obligations, restrictions and provisions set forth in this section and the grantee's affirmative.acceptance thereof. Section 5.5 incorporation of Maintenance Obligations in Wetland Permit 1 . The provisions of this section shall be incorporated by reference in the wetland permit and the developer's acceptance of the permit shall be deemed to be the developer's . Article 5 29 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE LONG-TERM MAINTENANCE PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS acceptance and assumption of the obligations imposed under this section. The developer shall record such obligations on the deed. Article 5 30 AMcle 6 - Deleted: 9 Fees, Enforcement and Penalties 9 A A 9 A 9 9 9 9 9 A A A 9 9 9 9 9 9 9 9 9 A 9 9 A A 9 9 9 9 9 A 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY B STORMWATER MANAGEMENT BENEFITS Section 6.1 Fees and Application Review Times 1 . Applications for a wetland permit under this Ordinance shall be accompanied by a non- refundable administrative application fee in an amount of 0. In addition,. _the_. . .. - � Deleted: specified from time to , developer shall provide a minimum review deposit in �he amounipf $5.000 that wll; be time by resolution I drawn on for the Zourly Fee invoices of outside consul tantf s) who.,may be retained by the Deleted: me untied city of 1 United City of Yorkville in connection with the review of the application In the event the -: l Yorkville City Council reveal deoosit Is drawn down to less than 11 ,00D. the developer Shall be required to Deleted: pay an additional provide (in additional deposit to re es'ablish the deposit balance to $5.000 In the event escrow tee ............. . .-......v: . ...::. the of the services of the consultant(s) is less than the�eyow deposit, the developer_ Deleted: an i shall be refunded the balance~ A denial of an application for a wetland permit shall not;. - - ---- - Deleted: determined by resolution affect the developer's obligation to pay the{ev_iew - ti fee provided for hs ston eci _ _ ' of the United City of Yorkville City 2. Addilional fees for wetland mitigation construction adminisiralion_cnd r y�iew_�yill be - council covered under the 1 75% Administration Fee based on the approved e � i;eer's estimate ; ' g ~ Deleted estimated cost J Of egsG, . . . . . .. 3. Permit �plica ions shall be a_.p .roved or denied within 30 _business drys at. a_comNlAte �Deletee escrow fee aeermit submittal; if written approval or denial of the permit has not been received within Deleted: In the event the cast of 30 business dav� the permit application shall be assumed to be Qonroved The the services of the consultantlst exceeds the amount of the armlicalton review period beatns Once all submittal Items are provided to the escrow fee, the developer shall Administrator pay the deficiency to the United City of Yorkville prior to issuance of Section 6.2 Enforcement the wetland permit. Deleted: escrow __ J 1 . One of the primary duties of the Administrator or his/her agent shall be the review of all wetland submittal applications and issuance of wetland permits for those projects that are in compliance with the provisions of this Ordinance. The Administrator shall be responsible for The administration and enforcement of this Ordinance. 2. The Administrator or his/her agent, officer, or employee shall have authority under this Ordinance to enter upon privately owned property for the purposes of inspecting any development activity to ensure the activity conforms with requirements, standards, and provisions of this Ordinance and/or the terms and conditions of an issued wetland permit. 3. If a wetland mitigation area is constructed as part of the wetland permit, the Administrator or his/her agent shall at a minimum perform the following inspections: 1 ) After final grading and before seeding or plant installation. 2) After seeding and plant installation. 3) Annual inspections during the 5-year monitoring and maintenance period. Section 6.3 Penalties and Legal Actions 1 . Whenever the Administrator or his/her agent finds a violation of this Ordinance, or of any permit or order issued pursuant thereto, the Administrator or City Council, as applicable, may issue a stop-work order on all development activity on the subject property or on that portion of the activity that is in direct violation of the Ordinance or withhold issuance of a Certificate of Occupancy, permits or inspection until the provisions of this Ordinance, including any conditions attached to a wetland permit, have been fully met. The Administrator shall issue an order that (1 ) describes the violation (2) specifies the time period for remediation, and (3) requires compliance with this Ordinance prior to the completion of the activity in violation. Failure to obey a stop-work order shall constitute a Violation of this Ordinance. Article 6 31 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 2. In the event a violation involving illegal alteration of an Isolated Waters of Yorkville as protected under this Ordinance, the City shall have the power to order complete restoration of the Isolated Waters of Yorkville by the person or agent responsible for the violation. If such responsible person or agent does not prepare and submit a restoration plan for review and approval by the Administrator within 30 days of notice of violation, the City shall have the authority to restore the affected Isolated Waters of Yorkville to their prior condition wherever possible, and the person or agent responsible for the original violation shall be held liable to the City for the cost of such restoration. 3. In addition to the rights and remedies herein provided to the City, any person violating any of the provisions of this Ordinance shall be subject to a fine in an amount not exceeding Seven Hundred and Fifty Dollars ($750.00) for each offense. Each calendar day a violation continues to exist shall constitute a separate offense. Article 6 32 rticle 7 , . - Deleted: A General Provisions A A A A A A A A A A A A A A A A A A A A A A A A A A 9 A A 9 1 A A A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE GENERAL PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 7.1 Scope of Regulation 1 . This Ordinance applies to all new development as well as any dumping or non-permitted discharge of chemicals or other pollutants into Isolated Waters of Yorkville within the United City of Yorkville and all new development within an area under consideration for annexation into the United City of Yorkville. Any person undertaking a development having a wetland on the project site or a wetland within 100 feet of the project site shall obtain a wetland permit from the Administrator. This includes any new development on partially developed sites. Section 7.2 Exemptions 1 . This ordinance does not apply to: 1 ) Development which has obtained preliminary or final plat approval within the past 12 months before the effective date of this Ordinance 2) Wetland impacts that have occurred before the effective date of this Ordinance. Section 7.3 Severability 1 . The provisions of this Ordinance shall be severable in accordance with the following rules: 1 ) If any court of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance. 2) If any court of competent jurisdiction shall adjudge to be invalid the application of any provision of this Ordinance to a particular parcel of land or a particular development, such judgment shall not affect the application of said provision to any other land or development. Section 7.4 Abrogation and Greater Restrictions 1 . This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this Ordinance and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 2. When provisions of this Ordinance differ from any other applicable law, statute, ordinance, rule, or regulation, the more stringent provision shall apply. Section 7.5 Effective Date This Ordinance shall be in full force and effective from and after its passage, approval, and publication according to law. The effective date of this Ordinance is , 20_ Article 7 33 ficle 8 Deleted: A Variances and Appeals n 9 A A A A A A A 9 A 9 A 9 A A A A A A A A A A A 9 9 A 9 A A 9 A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE VARIANCES AND APPEALS FOR WATER QUALITY 8 STORMWATER MANAGEMENT BENEFITS Section 8.1 Variances 1 . The developer may apply to the City Council for a variance. The City Council shall have the authority to grant variances from the requirements of this Ordinance, but only in compliance with the procedures set forth in Section 8. 1 . 2. The petition for a variance shall accompany or follow an application for a Wetland Permit and shall include all necessary submittal items. 3. Every variance petition filed pursuant to this Section 8.1 shall provide the following information: 1 ) The specific feature or features of the proposed construction or development that require a variance. 2) The specific provisions) of this Ordinance from which a variance is sought and the precise extent of the variance therefrom. 3) A statement of the characteristics of the development that prevent compliance with the provisions of this Ordinance. 4) A statement that the variance requested is the minimum variance necessary to permit the development. 5) A statement as to how the variance requested satisfies the standards set forth in Section 8. 1 .4 of this Ordinance. 4. The City Council may grant such petition for a variance only when it is consistent with the general purpose and intent of this Ordinance and when the development meets the majority (four or more) of the following conditions: 1 ) The relief requested is the minimum necessary and there are no means other than the requested variance by which the alleged hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development. 2) Demonstration that failure to grant the variance would result in exceptional hardship to the developer. Economic hardship is not a valid reason to request a variance. 3) The variance is not requested solely for the purpose of increasing the density of the development nor impervious areas on the site. - 4) The developer's circumstances are unique and do not represent a general condition or problem. 5) The subject development is exceptional as compared to other developments subject to the some provision. 6) Granting the variance shall not dramatically alter the essential character of the wetland area involved, including existing stream uses. Article 8 34 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE VARIANCES AND APPEALS FOR WATER QUALITY L STORMINATER MANAGEMENT BENEFITS 7) The proposed development could not be constructed if it were limited to areas outside the Isolated Waters of Yorkville and required buffer areas. Section 8.2 Variance Conditions 1 . A variance of less than or different from that requested may be granted when the record supports the developer's right to some relief, but not to the relief requested. 2. In granting a variance, the City Council may impose such specific conditions and limitations on the developer concerning any matter relating to the purposes and objectives of this Ordinance as may be necessary or appropriate. 3. Whenever any variance is granted subject to any condition to be met by the developer, upon meeting such condition, the developer shall file evidence to that effect with the Administrator. 4. A granted variance shall be issued as a "special use" permit and shall be valid for one ( 1 ) year from the date of issuance. Section 8.3 Appeals 1 . A developer may appeal any decision of the Administrator to the City Council provided that no such appeal shall be taken until and unless the developer has requested a conference with the Administrator and not a subordinate of the Administrator, and either the conference has been held or the Administrator has not scheduled a conference Within 30 days of the initial request. Article 8 35 rticie 9 Deleted: ¶ Administration n n a A 9 9 9 9 9 9 P 9 4 9 P 9 A 4 9 A 9 9 9 P 9 9 9 9 9 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE ADMINISTRATION FOR WATER QUALITY & $TORMWATER MANAGEMENT BENEFITS Section 9.1 Responsibility for Administration 1 . The Administrator shall oversee the enforcement and administration of this Ordinance. In performing his/her duties, the Administrator may delegate routine responsibilities to any named designee. Section 9.2 Representative Capacity 1 . In all cases when any action is taken by the Administrator or his/her duly appointed designee, to enforce the provisions of this Ordinance, such action shall be taken in the name of the City, and neither the Administrator nor his/her designee, in so acting shall be rendered personally liable. Section 9.3 Service of Notice 1 . Unless otherwise provided herein, service of any notice or other instrument under this Ordinance may be made upon any person by: 1 ) First class mail, postage prepaid, addressed to address then on file for such person, if any, or if none, to such person's last known address. 2) Any method prescribed under the Illinois Code of Civil Procedure. Article 9 36 t lcle 10 . Deleted: A Performance Security u 9 A A 9 A 9 A A A A A 9 A A A A A A A A A A t A A A A A A A A A UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE FERFORMANCESECURITY FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 10.1 General Security Requirements 1 . To secure the performance of the developer's obligation to successfully complete any required wetland mitigation as part of the wetland permit, and to pay all costs, fees, and charges due under this Ordinance, and to fully and faithfully comply with all of the provisions of this Ordinance, the developer shall, prior to the issuance of a wetland permit post the security as provided in Section 10.2. 2. The developer shall bear the full cost and responsibility of obtaining and maintaining the security required by this Article. Section 10.2 Wetland Mitigation and Naturalized Basin Performance Security 1 . A development performance security shall jnclude the following. . . . . . . . . . . . . . . . . . . . . - -(Deteted: be posted and shop 1 ) A schedule, agreed upon by the developer and the Administrator, for the completion of the wetland mitigation required by the permit. 2) A statement of the estimated probable cost to install, monitor, and maintain the wetland mitigation area as required by the permit. The estimated probable costs shall be cafe orized by eadhworl< including erosion and sediment control measures; landscape installation: and maintenance and monito(na costs. Such estimate is subject to approval by the Administrator. 3) An irrevocable letter of credit in favor of the City or other such adequate security as the Administrator may approve, in an amount equal to 110% of the approved estimated probable cost to complete any required wetland mitigation. 4) A statement signed by the developer granting the Administrator the right to draw on the security and the Tight to enter the development site to complete required work, in the event that work is not completed according to the work Deleted: No security shall be schedule or the mitigation area is not meeting the required performance released by me Administrator Lion of h or j 9 g � City prior to completion of the standards and the developer has failed to implement management activities or third full year following remedial measures to address noncompliance issues. construction of the wetland creation/restoration to ensure there is appropriate hydrology for 2. J2eguired wear wetland rnffiatipn dev_eIo„pmenf secudiv mgy„be released based on the.;` the mitigation area(sl. Following fpllowina mlliclatlon milestones the third year, the Administrator { 1 ) 50% estimated probable costs for earthwork activities may be released following may approve periodic reductions review and approval of certified final grading as-built plans In the amount of the security 2) Remaining %50o estimated probable costs for earthwork activities and 50 based upon the progress of the Mitigation. estimated probable costs for landscape installation may be released following Deleted; 75 review and approval p"he preliminary wetland delineation (conducted in the third year of monitorinal and compliance with the prescribed performance Deteteasecurity be released poor .' to the 5m year after construction. standards for 3m-vear monitorina requirements. The 3) Subsequent release of security 'hall be based on progress of mitiaation and at Deleted: 257, of the securityshaR i the discretion of the Administrator. At no time, however, shall more than 5;;% of be retained for a period of time the remaining.. security be released prior to review and approval of the final not to exceed five years fexcept wetland delineation (conducted in the fifth year of rmonitorina)_and compliance_ for non-performing wetlands) after with the prescribed performance standards for the S`"-year monitorina completion of construction and planting fend e ents. Deleted: the wetland mitigation areatsl. Article 10 37 UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE PERFORMANCE SECURITY FOR WATER QUALITY 8 STORMWATER MANAGEMENT BENEFITS 3. Rpouired 3-year naturalized wetland detention basin develoL>ment security may be released based on the following milestones: 1 ) 50% estimated probable costs for earthwork activities may be released following review and aoprova' of certified final grading os-built plans 2) remaining 50% estimated probable costs for earthwork activities and 50% estimated crobable costs for landscape installation may be released follovrna review and a aroval of the na`uralized wetland basin establishment after two veors of development and compliance with the prescribed performance stun ar_ s for tPie 2_n=y_ear ronitoring r-_cuir_c-r>_ents 3) Suhsegu=nt release of security shall be based on progress of naturalized wetland basin_ard cat tYie discretion of jhgLAcun iinistraI r_ Af no'ime hcw4yer, shall more. than 50°r of, tre_rernginingsecun y be-_relea>ed -ra>=tai is review arl_d appmal of the ncturolized .weiland basin after years of development and compliance with the prescribed performance standards for the 3m,-year mon torina requirements. 4. Generally, at The end of the,applfcai>le monitoring period_or_upon. an earlier request for _ Deleted: s-year the release of the performance security, the Administrator or his/her agent shall evaluate the wetland mitigation and/or naturalized wetland basin for compliance with the performance standards, conditions, and standards of this Ordinance. If the Administrator or his/her agent determines that the wetland mitigation meets the performance standards, conditions, and wetland protection standards of this Ordinance, he/she shall recommend release of the performance security. Section 10.3 Performance Security . - Deleted: Letters of Credit I. ,Eerformance security-posted pursuant. to this Arf_icle shall be in a form_ satis ryfacto to the_ _ _ - {Deleted: Letters at credit ) Administrator. - 2. If the developer fails or refuses to fully meet any of its obligations under this Ordinance then the Oily ,may, sqt_their discretion,_ draw on and retain all or_ any of_the_ funds_ _ - - Deletee: Administrator remaining in the �>erforynanee secuntf The Cifily thereafter shall have the right to take Deleted: mhis/her any action Fleerned reasonable and appropriateto mitigate the effects of such failure y�= °^p°" or refusal, and to reimburse the City from the proceeds of the,pe ;prmance security for all "{ Deletetl: letter of credit of its costs and expenses, including legal fees and administrative expenses, that resulted Deleted: Administrator from or incurred as a result of the developer's failure or refusal to fully meet its obligations Deleted: he or she j under this Ordinance. If the funds remaining in the performance security-are insufficient_ Deleteea to fully repay the City for all such costs and expenses, or after said payment to the City, Deleted: letter of credit the remaining cash reserve of the .gerformgnce security-is less than the amount that_ would otherwise be required to be maintained under this Arficle, the developer shall on Deleted: letter of credit -_ demand ythe.. immediately deposit_with the_C. itv such additional funds as the C Yrt Deleted_ ietterotcredn determines are necessary to fully repay such costs and expenses and to establish the .j Deleted: of appropriate cash reserve as required under this Article. t I Deleted: Administrator, tl Deleted: Administrator Deleted: Administrator Article 10 38 rffcle l I - Deleted: 9 Fee-In-Lieu of Wetland Mitigation a a 9 9 9 9 9 9 4 9 9 9 P 9 9 P 9 9 9 9 9 9 9 9 9 9 9 P 9 P 9 P UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE FEE-IN-LIEU OF WETLAND MITIGATION FOR WATER QUALITY B STORMWATER MANAGEMENT BENEFITS Section 11 .1 Fee-in-lieu of Wetland Mitigation 1 . If fee-in-lieu of mitigation is required by the City, the applicant shall prepare a_statement ._ . - Deleted: Administrator and j of the estimated probable cost to construct wetlands that includes costs associated with - - i Deleted: council land acquisition, wetland construction, planting, and the 5-year monitoring and I maintenance activities. The estimate of probable costs is subject to the approval of the gity. .. - - Deleted: Administrator 2. If fee-in-lieu of mitigation is not required by the City, the-appllc ant's_estimated probable_ ; - { Deleted Administrator and cost shall be determined based on a mi`aauon Tatio 1 .5 limes the Visit_ matured 1"Deleted: Council mitigation crcaae. lthe I�robable_cost estin?ate shall include costs associated with_land "%, _ Deleted: by acquisition, wetland construction, planting, and the 5-year monitoring and maintenance -. activities. The estimate of probable costs is subject to the approval of the Gtk,.. _ _ ._ Deleted: cows oaodarad with on Deleted: , but within the same Section 11 .2 Procedures and Use of Funds watershed wetland \, 'i Deleted: ratios, and 1 . An applicants' statement of its intention to satisfy the wetland mitigation requirement by Deleted: Administrator 1 the payment of a fee-in-lieu of wetland mitigation shall be in writing and filed with the City,along with the estimates described in Section 1 ) . 1 _ - _ _ - - _ -. .. .. .. .. .. ... _ _ _ _ _ _ ., -- -,_ - . - Deleted: Administrator and Deleted: Council 2. Fees paid in lieu of wetland mitigation shall be deposited by the City in a separate fund created for such purpose. 3. Fees paid in lieu of wetland mitigation shall be expended to plan, design, restore, improve, acquire, or enhance Isolated Waters of Yorkville and/or Waters of the U.S. located within the City's jurisdiction. Article 11 39 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION For city um only) Date Application Received: Date Permit Issued: Instructions: Applicant shall submit completed application, permit subbittal checklist, permit submittal flowchart, mitigation plan checklist and all other applicable submittal items as required within the Wetland Ordinance to the Administrator. The wetland permit review process shall begin once a complete submittal has been provided. Name & Address of Applicant: Name & Address of Owner(s): Name & Address of Developer. Telephone No. during business hours: Telephone No. during business hours: ( ) fax ( ) fax Describe the general intent of the proposed activity, its purpose and the proposed Category (1-VI) of impact. Names, addresses and telephone numbers of all adjoining property owners within 250 feet of the development site. Location of activity: Legal Description: Street, road or other descdp}ive location 1/4 Sec. Twp. Range Tax Assessor's Description (if known): City County State Zip Code Name of waterbody within or adjacent to site (if applicable) Map No. Subdv. No. Lot No. Is any portion of activity for which a wetland permit is sought now complete? _No _Yes, if yes explain: I hereby certify that all information presented in this application is true and accurate to the best of my knowledge. 1 have read and understand the United City of Yorkville Wetland Protection Ordinance, and fully intend to comply with its provisions. Signature of Developer Date Signature of Owner Date Wetland Permit Application UNITED CITY OF YORKVILLE TYPICAL WETLAND PERMIT SUBMITTAL FLOWCHART The following flowchart identifies the typical submittal items that are required for a permit application based on the type of proposed impact. Highlight the appropriate path and circle the required submittal items. Type of Development Project, Project Site Acreage: Proposed Wetiand Impact Acreage: (Residential, Commercial, PUD, etc.) START Are wetiands or Waters of the Submit Wetland U.S. present on or within 100 feet Determination Letter of of proposed development site? NO Findings (Refer to Section 3.2.2 W Y Will proposed development Submit Wetland :buffem.pplication and impact Isolated Waters of Yorkville Wetland Permit S Checklist, or Waters of the U.S.? NO completing itemhe checklist, and establish require (Refer to Section3.2.5) W Y Will proposed development impact Submit Wetland Permit Application Waters of the U.S.? and Weiland Permit Submittal YES Checklist, completing items 1-5 on the checklist. (Refer to Sections 3.2.3 - 3.2.5) O z Will proposed development impact Is the Isolated Waters of greater than or equal to 0.25 acre of Isolated Waters of Yorkville? NO Yorkville a High Qualify NO Aquatic Resource? N W y � W r What Category of Impact will be used? Attend mandatory (Refer to Section 3.2.4) Pre-Submittal Meeting Category V with Administrator. Category I Category I and II Submit Wetland Permit Application, Will wetland _ NO Weiland Permit Submittal Checklist, be used for completing items 1-4 and item b on the stormwater checklist, and Wetland Mitigation Plan management Checklist. (Refer to Sections 3.2.3 - 3.2.5, Category II facility? Does wetland Article 4, and all other applicable Articles YES meet criteria NO of the Ordinance) to be used for stormwater path A management See facility? Sheet 2 path B See Sheet YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART path B from Sheets W W Y Category I and II that meet certain criteria Submit Wetland Permit Application and Wetland Permit Submittal Checklist, completing items 1-4 on the checklist and comply with Section 3.1 .3. path A from Sheet 1 Submit Wetland Permit Application and narrative of Category III measures taken to mitigate for Category III water quality functions. (Refer to Sections 3.2.3 - 3.2.5) Category IV Submit Wetland Permit Application, Category IV 10 Wetland Permit Submittal Checklist completing items 1-4 and item 6 on the checklist, and narrative of activity that demonstrates a net gain of aquatic resource(s). (Refer to Sections Category V Attend mandatory 3.2.3- 3.2.5 and 4.2) Pre-Submittal Meeting with Administrator. Category V Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items 1-4 and item 6 on the checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3 - 3.2.5, Article 4, and all other applicable Articles of the Ordinance) ES Submit Wetland Permit Application and Wetland Permit Submittal Will formed used Checklist, completing items 1-4 on the checklist and comply with wetland d Category VI Section 3.1.3. for stormwater management facility? NO Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing items STOP 1-4 and item 6 on the checklist, and Wetland Mitigation Plan Checklist. (Refer to Sections 3.2.3-3.2.5, Article 4, and all other applicable Articles of the Ordinance) SLI YORKVILLE WETLAND PERMIT SUBMITTAL FLOWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST United City of Yorkville WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IP NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 1 . Wetland Delineation Report that provides all information as required in Section 3.2.5 of the Ordinance. 2. Narrative Report and Site Plan that demonstrates compliance of: a. Section 3.1 .1 Buffer Requirements, including planting plan for buffer deals). b. Section 3.1 .2 Wetland Hydrology Protection c. Section 3.1 .3 Stornwater Management within Isolated Waters of Yorkville (including buffer and 3-year management and monitoring plan) d. Section 3.1 .4 Discharge to Isolated Water of Yorkville or Waters of the U.S. e. Section 3.1 .5 Protection of Isolated Waters of Yorkville During Development 3. Narrative that specifies prescribed management activities and long- term management provisions for all buffers, perserved wetlands, and wetland mitigation (if applicable), and includes the following: a. Maintenance activities and tentative schedule. b. Maintenance activities and tentative schedule subsequent to required monitoring period. C. Description of funding source. d. Designation of the responsible parry following Article 5. 4. USACE statement of jurisdictional determination for all wetlands on development site. 5. For proposed impacts to Waters of the U.S. the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Provide USACE permit submittal for the proposed development or a letter from the USACE that states the proposed development does not require USACE authorization. c. Provide copies of all USACE. IEPA, and IDNR Office of Water Resources authorizations to the Administrator. d. Statement that all wetlands within the City's jurisdiction will be mitigated for within the some primary watershed as the impact(s) at the mitigation ratio specified by the USACE . e. Soil Erosion and Sediment Control Plan that demonstrates compliance with the City's Soil Erosion and Sediment Control Ordinance. 6. For proposed impacts to Isolated Waters of Yorkville the following shall be provided: a. Completed United City of Yorkville Wetland Permit Application. b. Statement of Permit Category (Category I-VI) to be used for development impact(s). c. Documentation for compliance with Illinois Department of Natural Resources' Endangered Species Consultation Program and the Illinois Natural Areas Preservation Act. Weiland Permit Submittal 1 WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION '.. IJI IJI 6. d. Documentation for compliance with U.S. Fish and Wildlife Service's Endangered Species Act. e. 1 ) Statement on the occurrence of High Quality Aquatic Resources on or within 100 feet of the development site. 2) Applicant has completed a Pre-Submittal meeting with the Administrator, if so, give date of meeting. f. Mitigation Plan (if applicable) refer to Appendix C for Mitigation Plan checklist. g For Category II or Category V impacts provide the following: 1 ) Narrative of measures taken, in sequence, to avoid and minimize wetland impacts before mitigation is considered. 2) Detailed discussion of alternative analysis to avoid, minimize, and mitigate for wetland impacts. h For Category III impacts provide the following: 1 ) Narrative of measures taken to mitigate for water quality functions. i. For Category IV Impacts provide the following: 1 ) Narrative of proposed plan that demonstrates net gains in aquatic resource functions. ), For CategoryVl impacts provide the following: 1 ) Narrative of mitigation measures that demonstrates an environmental benefit, e.g. improved habitat, water quality, etc. Wetland Permit Submillal 2 APPENDIXC WETLAND MITIGATION PLAN CHECKLIST United City of Yorkville WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION M M 1 . Narrative description of wetland impacts and proposed mitigation. Provide a summary table With acreage for each existing wetland, proposed impact, and proposed mitigation. 2. Narrative of proposed mitigation plan that includes a description of the following parameters: a, Hydrologic Conditions - Identify source(s) of wafer, both on-site and off-site surface and groundwater. Describe and provide model results of the expected hydroperiod (at a minimum, 2-yr, 10-yr, and 100-yr, 24-hr storm events) that include frequency, duration, and elevation of inundation or saturation. b. 1 ) Planting Plan - Describe each proposed plant community and approximate size. Provide a list of plant species for each community, including proposed cover crop. NOTE: All seed and plant material shall originate within 200 miles of site. 2) Planting narrative that describes the planting methods and planting schedule. C. Soil Characteristics - Provide a soil profile of the proposed conditions. Identify soil conditions that will be present from 12 - 24 inches below the surface. d, Topography - Submit existing and proposed grades with 1 -foot contour lines and reference elevations. 3. Specifications for wetland mitigation earthwork including final grading, allowable compaction limits, treatment of compacted soils, and topsoil placement; water control structures, if applicable; BMP design and implementation if proposed within wetland buffer area; plant and seed procurement, installation methods and schedule; and all other appropriate specifications for the wetland mitigation activities. 4. Proposed implementation schedule that includes: a. Site preparation. b. Installation of soil erosion and sediment control measures. c. Planting schedule. Wetland Mitigation Plan WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION M N) 4. d. Post-planting maintenance and monitoring. 5. Maintenance and Monitoring Plan that includes: a. Proposed monitoring protocol that follows Section 4.4 of the Ordinance. b. Specified performance standards that follows Section 4.5. c. Proposed annual maintenance activities to be performed during the 5-year monitoring period. Activities should include, but not be limited to control of undesirable plant species, herbivore control, burn management, enhancement planting. 6. Provide a Wetland Mitigation Plan Graphic that contains the following information. a. A summary table with acreage for each existing wetland, proposed impact acreage, and proposed mitigation acreage. b. Clearly identify proposed wetland impacts, wetland mitigation area(s) denoting creation vs. enhancement wetlands, and limits of required buffer areas. c. Planting Plan that includes a complete list of plants by common and scientific name for each community type; quantities per species of seed, plugs, rootstock, transplants, or propagules; and specific planting zones. d. Existing and proposed grades with 1 -foot contour lines and reference elevations to bench marks. e. Protection measures for all preserved Isolated Waters of Yorkville and Waters of the U.S. I. Location of water level control structures, BMPs, etc. 7. If off-site mitigation is proposed, the following maps shall be provided with the location of the mitigation site clearly marked: a. USGS topographic map. b. County soil survey. c. NWI map. d. NRCS swampbuster map (if applicable). e. Hydrologic Atlas. f. Aerial photograph(s). Wetland Mitigation Plan 2 WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION N) N) 7. g. Site photographs. 8. Performance Security following the provisions of Article 10. 9. If owner of the property is different then the applicant, provide written assurance from the owner that the applicant has permission to use the site for mitigation. Wetland Mitigation Plan 3 `,�foo C/p. Reviewed By: Agenda Item Number J� T Legal ❑ Finance ❑ EST, 1 1836 Engineer 5 Z�J--7 -�� s Tracking Number W City Administrator ❑ 9 _ O Consultant ❑ Agenda Item Summary Memo Title: River Road—Plat of Dedication Meeting and Date: September 4, 2007 Synopsis: This plat of dedication is for a 40-foot wide half right-of-way along YBSD's property west of Blackberry Creek. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: D C/p 0 United City of Yorkville Memo J '" 800 Game Farm Road ESI 1 seas Yorkville, Illinois 60560 -� Telephone: 630-553-8545 � o Fax: 630-553-3436 <GE Date: August 20, 2007 To: Bart Olson, Interim City Administrator � From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Clerk Subject: River Road—Plat of Dedication Attached find one copy of a proposed plat of dedication for a portion of Yorkville-Bristol Sanitary District's treatment plant property. The plat dedicates a 40-foot wide half right- of-way to the city along YBSD's River Road frontage west of Blackberry Creek. I recommend that this plat be approved. Please place this item on the Public Works Committee agenda of September 4, 2007 for consideration. -= IN IV " ` , IN .. ... 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' • /� _ /�.,��f{ "fi�rr 7��}^� FENSI4N5 �F' �dr� iF.+�. �Lfilitl�kF.• 4i[Gt � 0 b 4Po44CDM6 ,rfl y PART 1I€r`R UR5 nm , Fb Tk 1.� ra `�fpD C/py Reviewed By: Agenda Item Number J= T Legal ❑ NQ.W Bas LV1eSS � 1 Finance ❑ EBr. , 1836 Engineer ❑ g Tracking Number p9 �� fa y City Administrator F] Consultant ❑❑ p\A/ pD--T — 13to Agenda Item Summary Memo Title: Well 7 Update Meeting and Date: PW Committee Meeting Synopsis: Update on Well 7 Status Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: FYI Council Action Requested: FYI Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: ,. ,. , .. ". wvr is : ux reu 0001 August 17, 2007 United City of Yorkville, IL WELL NO. 7 TO: Brian Sorenson RE: Additional Update on Repair of the 400HP Byron Jackson submersible pump Brian: As we discussed yesterday, we have completed the "Inspection Phase" on the 400HP Byron Jackson submersible motor and the Byron Jackson CIBF bowl assembly. The motor was analyzed in our yard by Wray Whisenant, our chief technician on Byron Jackson motors, as well as by Chuck Behrens, our retired Byron Jackson Specialist. The megger readings were 50 megohms, which is actually higher than when we pulled the motor to the surface, presumably due to ambient air temperature drying. The other checks were satisfactory also. But. . . .the seal was disrupted and while we feel that this motor could be reused with extensive field work here, we recommend that the motor be shipped back to the factory for teardown and inspection. With the good megger readings, we would expect that nothing needs to be done with the windings, hopefully just routine repairs. As mentioned in the previous report, this process can take 6-7 weeks or more, but it is definitely the best course of action. We will be provided a detailed inspection report and estimated repair costs. From similar jobs in the past, the cost could be in the range of $25,000 - $35,000. The bowl assembly was successfully pressure-tested and then disassembled to check for any other damage and wear. The integrity of the castings appear sound and there is minimal wear. Thus, the bowl assembly can be reassembled with just minor costs expended. The lone inspection process left is to look over the 10" T&C linepipe, which was left at the site. We will want to check for any looming thread washouts and at the very least, we probably should remove all of the couplings to check those pipe threads. Since we believe the drop(s) to the bottom of the well was "soft", any impact on the connections should have been greatly lessened so that complete rethreading is not necessary. But, we have asked for pricing from our main pipe supplier, to cut and rethread all ends and replace all couplings. Once this pricing is known and the inspection at the site is done, we can discuss what to do with the pipe. We would not expect this process to slow down the project. I believe this updates you and the City for now. As we move forward and more information becomes available, we will advise you immediately. TOM HEALY Reviewed By: Agenda Item Number o� T Legal ❑ h ) 3uscneSS :t la EST. , 1836 Finance ❑ Engineer ❑ Tracking Number ® W City Administrator ❑ Consultant ❑❑ PW a0-} — 13-7 �j•� E Agenda Item Summary Memo Title: Monthly Tool Inventory Meeting and Date: PW Committee September 4, 2007 Synopsis: Monthly inventory of PW tool that have been added or subtracted 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 Tlannrtment Agenda Item Notes: -7 Sewer De artment Tdol Inventory Utility Truck 4 -: - - Item - -- Quantity- Value .. Notes Rep] Date power cords 2 '. $20.00 hammers 6 $75.00,_, _ metal files _ _ 6 $25.00 assorted sizes and makes hack saw _ 1 $10.00 hand saw 1 $25.00 measuring wheel 1 $104.00 June replaced wheel 6120/2007 tin snips 1 _ $15.00 grease gun _ 1 $30.001 coppercutter - 1 $40.00 . wire brushes 2 , $20.00 ' measuring tape 1 $30.00 100 foot metal scrapers _ 5 $15.00 ' metal punches 3 $10.00`- _ ___ metal chisels ,,. 2 $10.00 hand s rayers_ __ 2 $50.00 degreasing wet wells bolt cutter _ _ 1 $50.00 . naps tool set 1 $150.00 . 114 piece assorted socket kit pry bar set 5 $40.00 pipe wrenches _ __ 2 __$50.00 propane torch metal detector __ 1 . $800.00 level 1 _ . $30.00 , 4 foot tow stra s _ 2 $30.M log chains 3 sledge hammer _ _ 1 $35.001 the probe 1 $30.00 dig ings ades_ _ 2 . $45.001 _._.._ -....._ '.. screwdrivers 20 . $25.00 ,assorted sizes Allen socket set 5 $10.00' tape measure 1 : $10.00125 foot pliers _ 6 ' $50.00 ',assorted sizes and makes__ wire cutters 2 $10.00 '1 _ ! antenna mirror _ 1 $10.00 o en end wrench set 1 ', $40.00 '1 water pipe scra er 1 $40.00 '. flood light 1 $15.00 _ flat shovel 1 $25.00 , man hole hook 1 ' $40.00 , h drant wrench 1 $40.00 ; pry bar 1 $70.00 , footer Allen key set 2 $15.001assorted sizes intle hitch _1- $75.001 1 man hole ladder _j 1 $125.M water keys _____ 5 '.. $810.00 '. assorted sizes and makes napa assorted tool set 11 $25.00 push button retriever 1 $10.001 wheel bearing sockets 2 _$75.00 2-7/8 31nc master mechanic tool box _ 1 $25.001 wire splicer cutter _ 1 $10.00 ''1 nut drivers _ 15 : $20,00 ,assorte_d sizes scratch awl _ 1 $5.001 torx drivers _ 4 _ $15.00 ! _ me net antenna combination wrench set 1 $55.00!3%8 to 1 114$3,539.00 , '. Total 12.28.07 Sewer Department Tool Inventory crane truck 20 Item Quantity Value Notes power cords 2 $20.00, __ 1 /2 inch tool set 1 $35.00 ', open end wrench set 1 $55.001 318 to 1 1 /4 3/8 socket set - — 1 $20.00 ' - ---- -air hose 1 ' $20.00 ', _ tow straps 3I $40.00 assorted sizes ratchet straps 3 $55.00 ; pry bars 4 , $40.00 assorted sizes hammer 1 $10.001 crescent wrench 1 $15.00 , pliers 3 $15.00 ' assorted sizes screw drivers 5 $20.00 assorted sizes air gun _ ' 1 $10.00 , tape measure - 1 $10.001 1 man hole hook _ 1 $40.00 bungee straps 10 $15.00'1 -- $420.00 !I i -- 4 ' i Sewer Department Tool Inventory vac con truck 2 Item Quantity Value Notes _ - pipe wrench 2 $50.00 adjustable wrench 2 '' $40.00 pliers 3 ' $20.00 assorted sizes Allen wrench set 1 $10.00 Wire brush -- 1 ' $5.00 ', screw drivers 4 ' $20.00 assorted sizes utility knife 1 $10.00 '. open end wrenches 10 $35.00 assorted sizes gravel shovel 1 $25.00 , -- --- — man hole hook 2 $80.00 _ push bar 1 ' $70.00 ; face shield 1 $15.00 ; flood light 1 $20.00 counter wheel 1 $60.001 __ _ _ hammer 1 $10.00 ' hydrant wrench 1 $40.001I air hose — 1 ' $25.001 i total $535.00 Water Dept tool inventory Truck # 24 F250 Item Quanity Total Value ' coments Valve wrench 1 $350. 00 B-box key 1 $ 175. 00 B-box lid opener 1 ' $40. 00 Shovel 1 $50 .00 Locator_ 11 $_850 .00 Manhol o7o—k -7 1 $40.00 Hydrant wrench 1 $40. 00 3/8 socket set 1 $40. 00 chargeable mag light 1 $ 100.00 ' moved from truck_ # 8 c12 res. Test kit _ 1 $ 100 .00 hydrant diffuser 1 ' $30 .00 Total $ 1 , 815 .00 WATER DEPT. TOOL INVENTORY TRUCK # 6 F150 ITEM QUANITY TOTAL VALUE COMMENTS 20ft extension cord 1 $25.00 Set of files 1 $20.00 Different sizes 21b hammer 1 $20.00 1 00f steel fish tape 1 , $20.00 2ft pry bar 1 I $20.00 Pressure testing equip. 1 $50.00 Wrench set _ _ 1 ' $50.00 . 1/4 thru 7/8 3/8 socket set 1 $40.00 3/8 extension 31 $20.00 3/8 ratchets 2 , $35.00 Manhole hook 1 ', $40.00 Tubing cutter 1. 1 Chargable mag light 1 $100.00 18 volt dewalt drill 1 $185.00 ',with 2 batteries and charger Metal locator 1 _ $800.00 Hydrant wrench _ 1 $40.00 3/16 chain 2 ' $100.00 i20ft long 24 in pipe wrench $48.00 c12 res. Test kit - 1 ' $100.00 j Tool bag 1 $20.00 _ 14in pipe wrench 1 ' $40.00 Staple gun 1 $13.00 Wire strippers 1 $10.00 - Screw driver 1 $10.00 4 way Hydrant diffuser 0 ; $0.00 broke order new one Digging shovel 2 ' $100.00 24in broom 1 $15.00 _ 4ft step ladder 1; $90.00 B-box key 1 $150.00 Tile probe 0 , lost order new one B-box wrench 1 $30.00 Valve wrench 1 $300.00 ( TOTAL $2,541 .001 WATER DEPT. TOOL INVENTORY TRUCK-#-5-F2—K0 ------- RUCK # 5 F250 ITEM QUANITY TOTAL VALUE ' COMMENTS Hydrant wrench _ 1 $40.00 Flat shovel 1 $40.00 Valve key 1 $300.00 B-box keys 2 ' $300 00 24in pipe wrench 1 $48.00 14in pipe wrench 1 $40.00 ----- --- 9 piece screw driver set 1 $20.00 Scraper 1 ' $10.00 25ft tape measure 1 $20.00 c12 res. Test kit 1 $100.00 Metal locator 1 ', $800.00 Total $1 ,718.00 WATER DEPT. TOOL INVENTORY TRUCK # 3 F350 UTILITY ITEM QUANITY ' TOTAL VALUE COMMENTS 21b hammer 1 $25.00 Claw hammer 1 " $10.00 2ft mac breaker bar --- ---- - - 1 - ---- __. 17/8 wrench 1 $20.00 -- - -- '3 , $30.00 - -- Cutoff wheels Hand scrapers _ 5 ' $50.00 Clamp wrench 1 ' $60.00 Easy outs 8 $130.00 Different sizes Copper flaring tools 6 ' $100.00 '2-314in 2-1 in 1 -11/2in 1 -2in Screw drivers 3 ' $20.00 Pick - 1 '!- -- $25.00 ! --- __- 12in file 1 $10.00 tin dyes 2 ; $30.00 tin tap -- - 1 ; $15.00 - Setmacwrenches 1 ' $150.00 5/16 nut drivers 2i $10.00 1 1 /4 sockets 3 ' _$30.00 I _ 1 1 /8 socket _�_ 1 $10.00 11/16 socket 1 ' $10.00 13/16 socket 1 $10.00 5/8 sockets 3 ', $15.00 Tin adjustable wrench 1 $15.00 Files 4 $15.00 Different sizes 2ft pry bars 3 $60.00 Standard alien wrenches 2 '' $30.00 ! Different sizes Metric alien wrenches 1 $15.00 Different sizes Mac 1/2in extensions 61 $30.00 : Different sizes Mac 1/2in ratchets ? $40.00 Mac 1/2in scocket set 1 $125.00 1/4in to 1 i Adjustable pliers 1 $25.00 Regular pliers 1 ' $10.00 j 3/8in ratchet 1 ', $15.00 100ft tape 1 , $45.00 Diamond blades 2 , $300.00 Rechargable mag lite 1 ! $100.00 Grease gun 1 ' $15.00 Chain scraper 1 $40.00 One ton bottle jack 1 , $25.00 ! Electric tapping head 1 $2,650.00 !: 100ft extension cord 1 ; $100.00 4ft level 1 $30.00 Copper crimper 1 i $175.00 Small flaring tool 1 $20.00 Hydrant wrench for lock down hydrants 1 i $85.00 5/16 chain 3 '; $225.00 Tow straps 2i $100.00 cable sling 1 $50.00 Digging shovels 1 ; $50.00 : missing of truck Spades 1 $35.00 missing of truck Tile probe 1 ! $30.00 101b sledge hammer 1 $45.00 _ Manhole hook 1 ' $40.00 . Hydrant diffusers 3 ; $105.00 ! __ Valve box lid puller 1 $25.00 5ft pry bar 1 ! _ _$65.00 _ Straight b-box key 1 ; $175.00 Offset b-box key 1 $ 175.00 Flexible b-box key 1 $450.00 Valve key 2 . $600.00 B-box wrench 1 $30.00 2in tubing cutter 1 , $60.00 Pipe threader handle 1 ----$50.00 _ Pipe thread dyes 5 !; $125.00 ; 1/2in, 3/4in, tin, 1 1/4in, 1 1 /2in Hammer drill _ 1 $545.00 ; old hammer drill broke replaced Drill bits for hammer drill 5 ; $154.00 Different sizes Chisels for hammer drill 2 $40.00 25ft extension cord 1 , $15.00 Air chuck 1 $10.00 Air gun 1 : $15.00 Tire pressure gauge 1 , $15.00 Set of punches 1 $80.00 Different sizes Set of chisel 1 ! $80.00 Different sizes Four wheel pipe cutter 1 $60.00 Torque wrench set watermain bolts 1 ! $275.00 Small nylon straps 2 $40.00 Wire brushes_ _ 2 ' $15.00 Hack saw 1 $20.00 _ 12in pry bar 1 ; $15.00 36in pipe wrench 1 ' $175.00 24in pipe wrench _ 1 ! $48.00 ! 18in pipe wrench - 2 r $90.00 _ 14in pipe wrench 21 - $80.00 3/8 socket set 1 ` $40.00 4 lb hammer 1 $8.00 15in adjustable wrench 1 $30.00 18 volt dewalt drill 1 $185.00 moved from truck #8 c12 res. Test kit 1 $100.00 TOTAL $9,325.00 WATER DEPT. TOOL INVENTORY TRUCK V8 8 F350 PICKUP ITEM QUANITY TOTAL VALUE COMMENTS Manhole hooks 1 $40.00 : Hydrant wrenches 1 $40.00 Tile probe 1 ! $3_0.00 Flex key-- -- _ 1 $450.00 -- -- -- — -- Offset key 1 $ 175.00 --- - --- - - - - Straight key 1 $ 175.00- - - --- --- ___ _ _ — Sledge hammer 1 $45. 00 B-box wrench 1 $30. 00 Eft pry bar 1 $65. 00 Propane torch 1 $45. 00 Jumper cables 1 $30.00 107 piece socket set 1 $ 100.00 -2-54tape measure 2 $40.00 14in pipe wrench 2 ; $80.00 12 piece wrench set 1 ; $30.00 Channel locks 2 $40. 00 21b hammer — 1 $25. 00 ! --- - - 15 piece screw driver set _ 1 $35. 00 _ 3 piece chisel set 1 $ 15. 00 _ Water valve key 1 $350. 00 Hydrant diffuser 1 ' $35. 00 c12 res. Test kit 1 $100. 00 _ Total hardness test kit 1 ' $150.00 Digging shovel 1 $50. 00 Spade 1 ' - $35.00 j - -- Metallocator 1 ' $800.00 18 volt dewalt drill 0 ' moved to truck # 3 Chargable mag light 0 moved to truck # 24 Total 1 $3, 010.00 j WATER DEPT. TOOL INVENTORY WATER AND SEWER BREAK TRAILER ITEM QUANITY TOTAL VALUE COMMENTS 80,000 TO NUN BTU propane heater 1 $150.00 150,000 BTU elec. Heater 1 : $175.00 1/6 HSP. Pump and 2 ho_ses 1 $75.00 12 volt tranfer pump 1 $90.00_, 3in trash pump _ 2 , $2,500.00 Suction Discharge hose 5 $325.00 . Replace 2 hoses due to damage on 7117/07 SUN chop saw 1 $850.00 Stone blades 7 $70.00 Diamond blade 1 $150.00 Water main tapping machine _ 1 $2,200.00 Water service crimping tool 1 $175.00 4 way flood lights _ 1 $350.00 2 way flood lights _1 $85.00 Fire extinguisher 1 : $30.00 __--------,_____ Rollerwheel 1 $40.001 3 wayp ickchain _ 1 $400.00 . Grapple hook 1 $40.00 Flat shovels 2i $100.00 ; Digging shovels 2� $100.00 spades _ 2 ', $75.00 Come alonnE J 2�_. $60.00 Manhole hooks _ 2 $80.00 . Heavy duty brooms 00 Tile probe 2 $60.00 Water main chain scrapers 2 $100.00 Ridge pipe cutter _ 1 $50.00 Hedge clippers _ 1 ; $25.00 _ 20ftladder j 1 ; $250.00 10 lb hammer 1 $45.00 2 lb hammer 1 $25.00 ', --_ - ---� �- __ 14in pipe wrench 21 i 18in pipewrench 2 , $90.00 24in pipe wrench 9 '. $48.00 I 18in offset pipe wrench 2 $100.00 Set of channel locks _ 1 '. $25.00 , Different sizes Claw hammer 1 ', $10.00 I Water main clamp wrenches 2 $80.00 ' Water main clamp install tool 21 $120.00 water main files 21 $30. !00 Set of nut drivers 1 $25.00 Different sizes Knife 1 ! $10.00 Putty knife 1 $10.00 Flaring inserts Co er reamers 21 $125.00 3/4in and tin Copper cutters 3i $120.00 ' Vise grips 1 $20.00 Easy outs for corps 2 $60.00 'i3/4in and 1 in Set of screwdrivers 1 $30.00 (Different sizes Set of pliers 1 $20.00 Different sizes Wire brushes 2 ' _ $10.00 '. Men working signs 2 '. $100.00 : Road closed signs with base 21 1 Safety glasses 31 $20.00 box ear plugs 1 $20.00 1 Packs of hand warmers 3 $15.00 1 Tyvek suits _4 $12.00 _ Rolls caution tape 3.5 ! $25.00 Hand sanitizer 1 $2.00 Suction cage for hose 1 '. _ $15.00 : Propane tank 1 $30.00 25 ft tape measure ------ --- - ---- 1 ; $20.00 Rubber gloves 2 ; $10.001 'TOTAL $10,431 .00 A B C D E 1 Y-1 F350 UTILITY 8126/2007 2 ITEMS QUANTITY COST PER. TOTAL COST '', NOTES 3 EAR MUFFS 1 ! $35.00 $35.00 '1 4 BUNGEE CORDS 10 $1 .00 $10.00 _ 5 RATCHET STRAPES 1 " 1 _$12.00 $12.00 ( missing _ 6 TOW_ STRAPES 2 ; $25.00 $50.00 7 PRY BAR - _ 2 $10.00 _ - $20.00 8 EXTENTION CORD 1 $35_.00 $35.00 9 1 RACHET STRAP 3" 1 $35.00 $35.00 10 SAFETY SIGNS ' 211 $100.00 ' $200.00 11 COLD CHISEL 21 $5.00 $10.00 12 SLEDGE HAMMER 16" 1 - _ -" - $15.00 $15.00 ' broke needed to be replaced 13 TAPE MEASURE 35' 21 _ - - - --- - $15.00 $30.00 14 OPEN END WRENCHES SET 1 $50.00 $50.00 , 7/16 TO15/16 1 /2 inch missing 15 3/8 SOCKET SET 1 $100.00 $100.00 _ 16 NUT DRIVERS SET _ 1 $70.00 $70.00 17 ADJ. WRENCHES 18 SCREWDRIVER SET 1 ': $50.00 $50.00 19 ASORTED PLIERS 2 ' $5.00 $10.00 _ 20 HEX KEY SET_ 4 $10.00 • $40.00 I2 WORE OUT NEED REPLACE 21 ADJ. PLIERS 4 ' $10.00 $40.00 22 HAMMER _ 21 $15.00 . $30.00_ 23 SMALL BITS 1 ! $30.00 $30.00 24 TORX BITS 1 ' $25.00 $25.00 25 BIT SET 1 . $30.00' $30.00 26 18V DEWALT DRILL 1 $200.00 $200.00 2 BATTERYS AND CHARGER 27 TIN SNIPS 1 $15.00 i $15.00 28 DEWALT POWER BANDER 1- $1 ,800.00 29 T HANDLE HEX KEY SET 1 $50.00 ! $50.00 30 LARGE WRENCHES 61 $15.00 $90.00 7/8 TO11/4 31 POST PULLER SET 1 $350.00 $350.00 32 SHOVELS 4 $20.00 $80.00 33 RAKE 1 $20.00 $20.00 34 POST POUNDERS 21 $100.00 I $200.00 1 35 TOW CHAIN 4' 1 ', $12.00 $12.00 36 PITCH FORK 1 $20.00 _ $20.00 broke needed to be replaced 37 ISTREET BROOMS 21 $15.00 1 $30.00 NEW ADD 38 39 40 41 42 43 _ 44 45 _ 46 47 48 49 50 51 TOTAL $3,809.00 ' JS A I B C D I E 6 7 _ ITEM __S -�QUANTITTCOSI PER. TOTAL COST NOTES _ RIGID PIPE-CUTTER 1 , $50.00 $50.00 4 FO T WFIEEL DEVICE 1 $25.00 $25.00 --- SHOVECS -- -$20.00 �, $20.00 _ HARNESS-__ 1 $2500 - $25.00 7 IDEAL PIPE BANDER 1 ''. $100.00 $100.00 SL DE GE HAMMER 16" 1 $15.00 $15 00 - --- - - TAPE MEASURE 26 1$10.00 $ f0.00 PF2bGl2ESSIVE CINE TRACER 1 ' 600.00 $6 00.00 p-0LSE-R BRED- K LOCATOR 1 ', $600.00 $600.00 2.5 H.. P. SAOP VAC. - ---1 $40.00 $40 00 18V DEWALT DRILL 1 $200.00 $20b 00 2 BATTERY Ati CIiARGER 50' FISH TAB- 1 $25.00 ! $25 00 7/16 1015/16 TT 125' I APE --- 1 $50.00 $50.001 - - A[TEC SAFETY BELT 1 $200.00 $ -1.00 _ 7 INSULATED SCREWDRIVER f $100.00- $100.00 GTTAL MULTIMETE_R_ 1 ' $200.00 $200.00 HACK SAW 1 X5.00 $f5 00 _- - CAULK GUN 1 10 - -$10.00 BOLT CUTT R� 1 50.b0 $50.00 HAMMER -- -- 1 ' $15.00 ' --- - 6' LADDER 1 $5a.00�' 4 TIN SNIPS r 1 ' 15.0 � $15 1000V ELE T CAL GLOVES 1 $20500 $200.00 120V TEST BULB UM T- 1 12. 0 $12.00 ; 7 J. PLIERS 3 ' $10.00 P $3060 PLIERS ADJ. 2 ! $10.00 . 20.00 _ TOW CAIN 14' 1 ', $25.00 25.00 STOP WATCH 1 $10.00 I $10-00 ST FEATHER DU 1 3.00' $3.00 i -3/8-SOCKET SET 1 ! $100.00 $100.00 E EYSET hand $10.00 $10.00 DRILL SET - -- 2 : $30.00 $60.00 5 osc 2 X50.00 $60.00 STUD FINDER _ 1 $15.00 $15.00 - TORCH KIT 1 30.0 5000 OPEN E �C/RETCH SET 1 ': 5 .00 $50.00 MAN- IERS :i $30.00 4 SS EIS $10.00 $10u 4 E S R PERS 2 ; $10.00 $20 4 IMP ANDLETOOL 1 ; $20.00 20. 0 4 IL FE 1 $5.00 5.0 4 SCFEWDRIVER SET $30.00 $30.00 4T TORX SET 1 $25.00 $25.0 4T 4 08 V L[ HT TESTER $15.00 $15.00 FOSE PQLCER -- $5.00 4T CIRCUIT TESTER 1; $ 5.00 $15.00 STEP BI 1 '' $25.00 $25.00� WOOD BITS SET 1 $30.00 $30.00 -51 NUT IVER SET- 1 ' 5 $30.00 57 REVIKEY-9OCKET SET -Y- !M.00 $50_00 EXTE H ME HM 275. 75.00 NT LAN- MARKET 1 $25.00 $25.00 OFFSET BENDER 1 $150 0 $150 -DR7VTAECCAW-- 1 $5.00 $5.00 BLIND SA $7.50 $7.50 T $3,862.50 A B C D E 1 Y-19 1TON DUMP 8/29/2007 2 ITEMS QUANTITY COST PER. !TOTAL COST NOTES 3 LOG CHAIN 6 FOOT 1 ' $15.00 $15.00 4 LOG CHAIN 20 FOOT 1 $28.00 $28.00_ 5 RATCHET STRAPES 3 to 1 $35.00 #VALUE! ', 2 broke and need to replace 6 PIPE WRENCH 20" 1 $25.00 $25.00 7 MANHOLE HOOK 1 , $40.00 $40.001 8 BOLT CUTTERS 1 . $50.00 $50.00 9 PRUNER ___------- 1 $25.00 $_25.00 10 TREE HAND SAW____ _ 1 $25.00 $25.00 11 LEVEL 24" 1 ', $25.00 $25.00 12 SLEDGE HAMMER 16" _ 1 $15.00 $15.00 - - - _ 13 TAPE MEASURE 35' 1 ! $15.00 $15.00 14 OPEN END WRENCHES SET 1 $50.00 $50.00 '7/_1_61TO15/16 15 3/8 SOCKET SET $100.00 $100.00 16 HACKSAW 1 $15.00 $15.00 17 ADJ. WRENCHES - - - _ 2 ' _ $15.00 $30.00 - - 18 SCREWDRIVER SET 1 $25.00 ---$25.00 19 LEVEL 9" 1 $5.00 $5.00 20 HEX KEY SET - 1 'i $15.00 $15.00 21 ADJ. PLIERS 2 ' $10.00 $20.00 22 HAMMER 11 $15.00J $15.00 23 CHALK LINE 1 ', $15.00 $15.00 24 TORCH KIT 1 ' $25.00 $25.00 25 BIT SET 1 'i $30.00 !: $30.00 26 18V DEWALT DRILL 1 !1 $200.00 ! $200.00 I2 BATTERYS AND CHARGER 27 SHOVELS 2 $20.00 $40.00 29 30 _ - 31 33 ---- --- - - 34 35 37 - - 38 39 40 41 42 43 44 45 - 46 47 48 49 -- 50 JS 51 TOTAL #VALUE! i `,QED C/T` Reviewed By: Agenda Item Number ? O t � J n El Legal NQ L4StV1Q�S # �J 1 � F]EST. 1838 Finance Engineer 3 City Administrator ❑ Tracking Number °� Consultant o 'PW AD7 - I,�g Agenda Item Summary Memo Title: Subordination of Surface Rights—Prairie Gardens Subdivision Meeting and Date• Sept. 4,2007 Public Works Committee Synopsis: This request from IDOT is for the city to grant IDOT primary rights with respect to surface rights on an area recently conveyed to IDOT at the Rt.47/Garden Street intersection. I 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: United City of Yorkville Memo 800 Game Farm Road EST. , _ 1836 Yorkville, 60560 -4 Telephone: 630-553-8545 09 � �o Fax: 630-553-3436 �� Date: August 29,2007 To: Bart Olson,Interim City Administrator From: Joe Wywrot, City Engineer CC: Mike Roth, City Attorney Lisa Pickering,Deputy City Clerk Subject: Subordination of Surface Rights—Prairie Gardens Subdivision Route 47 @ Garden Street Attached find a request from the Illinois Department of Transportation for the city to place itself in a subordinate position with respect to surface rights at the intersection of Route 47 and Garden Street. In the early 1990's the city constructed watermain and sanitary sewer along the west side of Route 47_These utilities were located in an easement outside the Route 47 right-of- way. When the Prairie Gardens subdivision was constructed, a section of right-of-way was conveyed to MOT at the new intersection with Garden Street.A portion of the watermain and sanitary sewer easement is located within the boundary of the property conveyed to IDOT. IDOT is now requesting that the city agree to give IDOT primary rights with respect to surface improvements on that small piece of right-of-way.If the utilities in the easement ever need to be relocated, IDOT would bear that expense. I recommend that this document be approved.Please place this on the Public Works Committee agenda of September 4,2007 for consideration. Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 August 20, 2007 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Roy Wywort LAND ACQUISITION IL RT 47 Kendall County Job No. R-93-007-98 SUBORDINATION OF SURFACE RIGHTS Dear Mr. Wywrot: The Illinois Department of Transportation has accepted a Donation of Right Of Way for Public Road Purposes known as Parcel Number 3DD0011 . The subject parcel is located along IL RT 47 in Yorkville, Illinois, (Prairie Gardens Subdivision). This donation is in conjunction with a development permit application process. In order to complete the Land Acquisition process a Subordination of Surface Rights is required from the City. Enclosed are two (2) subordination forms with right of way plats attached and one (1 ) copy of the title report indicating the easement data. To aid in the identification of the project area, a highlighted plat book map is included. Please have the proper signatures affixed to the original document and return it to this office for filing. If your Easement is not affected, please notify this office in writing so we can close our files. If you should have any questions or require additional information, please contact Kristine Klieber at telephone number (815) 434-8467 or via e-mail at Kristine. Klieber aC )illinois.gov. Sincerely, George F. Ryan, P. E. Deputy Director of Highways Region Two Engineer � IQ By: Steven B. Andrews District Land Acquisition Engineer wi S1C71 Gold-Fax Message Page 6 /8 '.... ° CrsiCAGO TITLE INSURANCE COMPY&Y COMMITMENT FOR TITLE INSURANCES SCHEDULE B (CONTINUED) ORDER NO . : 1410 000486692 AU NOTE; POLICY MODIFICATION 12C APPROVED FOR POLICIES . G 7 . WE SHOULD BE FURNISHED ( A ) CERTIFICATION FROM THE ILLINOIS SECRETARY OF STATE THAT S &K DEVELOPMENT L . L . C . HAS PROPERLY FILED ITS ARTICLES OF ORGANIZATION, ( B ) A COPY OF THE ARTICLES OF ORGANIZATION , TOGETHER WITH ANY AMENDMENTS THERETO , ( C ) A COPY OF THE OPERATING AGREEMENT, IF ANY, TOGETHER WITH ANY AMENDMENTS THERETO, ( D ) A LIST OF INCUMBENT MANAGERS OR OF INCUMBENT MEMBERS IF MANAGERS HAVE NOT BEEN APPOINTED, AND ( E ) CERTIFICATION THAT NO EVENT OF DISSOLUTION HAS OCCURRED . NOTE : IN THE EVENT OF A SALE OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE L . L . C . OR OF A SALE OF L . L . C . ASSETS TO A MEMBER OR MANAGER, WE SHOULD BE FURNISHED A COPY OF A RESOLUTION AUTHORIZING THE TRANSACTION ADOPTED BY THE MEMBERS OF SAID L . L . C . H S . NOTE : THE LEGAL DESCRIPTION SHOWN IN SCHEDULE A DESCRIBES EITHER UNSUBDIVIDED LAND OR A PORTION OF SUBDIVIDED LAND . IF ANY CONVEYANCE OF THE LAND IS EXEMPT FROM THE OPERATION OF THE PROVISIONS OF THE PLAT ACT ( 765 . ILCS 205/ 1 (A ) ET SEQ . ) , SUCH DEED MAY NEED TO BE ACCOMPANIED BY A PLAT ACT AFFIDAVIT . IF ANY PROPOSED DEED IS NOT EXEMPT , COMPLIANCE SHOULD BE HAD WITH THE PROVISIONS OF THE PLAT ACT . I 9 . UNDERGROUND CABLE RIGHT ON PRIVATE PROPERTY RECORDED MARCH 5 , 1984 AS DOCUMENT 84- 979 GRANTED TO THE COMMONWEALTH EDISON COMPANY AND THE ILLINOIS BELL TELEPHONE COMPANY FOR PUBLIC UTILITY PURPOSES THEREIN DESCRIBED OVER A 5 FOOT STRIP OF LAND ALONG THE WEST RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE 47 . SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES BY THE COMMONWEALTH EDISON COMPANY TO THE STATE OF ILLINOIS RECORDED JULY 17 , 1990 AS DOCUMENT .. 90- 4559 . J 10 . RIGHTS OF WAY FOR DRAINAGE TILES , DITCHES , FEEDERS AND LATERALS , IF ANY . F 11 . RIGHTS OF THE PUBLIC, THE STATE OF . ILLINOIS AND THE MUNICIPALITY IN AND TO THAT PART OF THE LAND , IF ANY, TAKEN OR USED FOR ROAD PURPOSES INCLUDING THOSE PARTS OF ROUTE 47 DEDICATED TO THE STATE OF ILLINOIS BY INSTRUMENT RECORDED MARCH 31, 1936 IN DEED RECORD 87 , PAGE 276 . L 12 . EASEMENT GRANTED BY MINNIE PEARLSTEIN AND OTHERS TO THE ILLINOIS BELL TELEPHONE COMPANY RECORDED SEPTEMBER 13 , 1976 AS DOCUMENT 76- 45 - 89 FOR PUBLIC UTILITY PURPOSES OVER A 10 FOOT STRIP OF LAND OVER THE WESTERLY LINE OF ROUTE 47 . M 13 . SEWER AND SEWER INTERCEPTOR EASEMENT IN FAVOR OF UNITED CITY OF THE VILLAGE OF YORKVILLE , AND ITS /THEIR RESPECTIVE SUCCESSORS AND ASSIGNS , TO INSTALL , OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS DOCUMENT NO . 9401682 , AFFECTING THE EASTERLY 25 FEET OF THE LAND , TOGETHER -;, WITH A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 50 FEET IN WIDTH LYING WESTERLY OF , ADJACENT TO, COINCIDENT WITH AND PARALLEL TO THE FOREGOING DESCRIBED EASEMENT . rscsc:Nnc:o PAGE B 2 VAP VAP 10/ 23/ 01 11 : 43 : 25 zz7 � sr G y N � I f0�' Nr'tp w a ST j�,/I - 7 I tPSr, 5` OR ANGE LL lo 4 lu ? , V t^ m a ❑❑ ST `--{J i W- DOIPH Si 2 OOL PHST F '/• O 2 47 w I� !I , OLSEN ST 11"--"((•• ' • ¢ w p BEE CHER = Q S7 BLAINE w ST Z WALTERST F w a Q 125 2j i J EIJZARETH ST � 32 33 COLONIAL 'L PKWY � UNINC . ' 1 \ w I 0 BEAVER ST F P N 1 w u a I rc j ° a w m WpLF Sr p w UNINC. . rc 1 U O 1 3 " IOpEN y GLENN O rc \\ Ro u I I J 1 I rc 1 0 F H c y P 30 UNINC. FP 71 1 IL RT 47 Kendall County Job No. R-93-007-98 Page 1 Of 5 RECORDER'S USE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES KNOW ALL MEN BY THESE PRESENTS, That the Grantor, UNITED CITY OF YORKVILLE , of the County of Kendall and State of Illinois , for and in consideration of the sum of ONE AND NO/100 DOLLARS ($ 1 ,00) in hand paid by the State of Illinois, acting by and through the Department of Transportation , or on its behalf, the receipt of which is hereby acknowledged , do hereby subordinate unto the People of the State of Illinois , its interest which has been acquired in , through , or by easement or easements dated and filed in the Recorder's Office of Kendall County, Illinois, as follows: PAGE 2 OF 5 JOB NO . R-93-007-98 PARCEL DATE OF DATE OF NUMBER EASEMENT RECORDING RECORDATION DATA 3DD0011 Sewer Easement Document #9401682 THAT PART OF THE NORTHEAST QUARTER OF SECTION 5 , TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE 0c CJ 7111 op D FGREEM Al MINUTES 5 SECONDS AA rFCT AT .ONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655 . 52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST ALONG SAID EXTENDED TANGENT CENTER LINE AND SAID TANGENT CENTER LINE, 1345 . 83 FEET; THENCE SOUTH 88 DEGREES 52 MINUTES 07 SECONDS WEST, 60 . 00 ' FEET TO THE WEST R.O.W. LINE OF SAID ROUTE 47, THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST ALONG THE SAID WEST R. O.W. LINE, 169.00 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 43 DEGREES 34 MINUTES 11 SECONDS WEST, 35 . 17 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST PARALLEL TO THE SAID WEST R.O. W. LINE, 66. 00 FEET; THENCE SOUTH 46 DEGREES 25 MINUTES 49 SECONDS EAST 35 . 54 FEET TO A POINT IN SAID WEST R. O .W. LINE; THENCE NORTH 1 DEGREE 44 MINUTES 7 SECONDS WEST ALONG SAID WEST R. O.W. LINE 116.00 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS . Common Address : Route 47, Yorkville, Illinois P .I.N. : Part of 05 - 05 - 251 - 004 to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain , and control access to IL RT 47 , on the following land as shown on the attached plat in Kendall County and State of Illinois. PAGE 3 OF 5 JOB NO . R-93-007-98 Any alteration and/or relocation of said Grantor's facilities now or hereinafter made within or adjacent to the aforesaid described land , which is required by order of the state in connection with any exercise by the state of its right hereunder, shall be performed by the Grantor, but the Grantee shall reimburse the Grantor for the actual reasonable cost of such performance and the actual reasonable cost to acquire any additional replacement property necessary for such alteration or relocation. This subordination of the Grantor's easement or easements shall be effective only as to such air and surface rights and to such distances below the surface as may reasonably be required to construct, reconstruct, operate , and maintain said highway to insure adequate and sufficient lateral and vertical support thereof, and that otherwise this subordination shall in no way affect or impair the rights of the Grantor, its successors or assigns, under and by virtue of said easement or easements , including, but not limited to, the right to construct additional facilities under, over and across said highway, provided that the construction of any future facility under, over and across said highway shall be performed in such a manner as not to interfere with or impair the use of said highway and shall conform to reasonable rules and regulations as to such construction as may be promulgated by Federal or State authorities. IN WITNESS WHEREOF, the Grantor(s) (has have) hereunto set (his her their) hand(s) and seal (s) this day of , UNITED CITY OF YORKVILLE BY: ATTEST: PAGE 4 OF 5 JOB NO. R-93-007-98 STATE OF ) COUNTY OF 3 SS I , , a Notary Public in and for said county in the state aforesaid , do hereby certify that and personally known to me to be and respectively of UNITED CITY OF YORKVILLE, a Municipal Corporation , and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such and , respectively, they signed , sealed , and delivered the said instrument as the free and voluntary act of said Municipal Corporation, for the uses and purposes therein set forth , and that they were duly authorized to execute the same by the City Council of said Municipal Corporation . Given under my hand and notarial seal this day of A. D . , NOTARY PUBLIC My Commission Expires: Return To And Prepared By State Of Illinois Department of Transportation 700 East Norris Drive Ottawa, IL 61350 IFri °52 07" 8 745.71' EASE HT e49 sc) ssL sr esti — I ° _I s 43034' u- w I 222.65'�C —275.OQ w 865.74' e <f 2 o m q STREET` D/CA TEOJ o ° • : 4, m, a W DE 74' I • • 07" -.275.00 5 46•25' 4 -54' - I� W m 1 vN rl _ l ) 1 i J ,elI DaSZK. tlYCCO�FD � �o �� Q o _. S 88#52'' 28" W [300.00' t o I 8• 1 lOw[a v U Y FA3004, 11NEOOA= MOM or swmi LW STATE OF LLNaS) SS COUNTY OF KENOALL iATK)H APPROVED BY THE MAYOR AND CITY COUNCIL OF THE UMTt�E�D.� CIT OF DEPARTMENT OF YORKVILLE, KENDALL COUNTY. LLNOtS THIS LESS PURSUANT TO 2001 . BY. ATTEST: MAYOR CITY CLERK STATE OF LLN(XS) SS COUNTY OF KENDALLY `QED Clry Reviewed By: Agenda Item Number J� h T Legal ❑ g Finance EST. � � 1036 Engineer �291�� g �'' Tracking Number < City Administrator ❑ O� O Consultant ❑ �r ��? ❑ I)w 1 <LE \\. Agenda Item Summary Memo Title: Subordination of Surface Rights—Yorkville Middle School Meeting and Date: Sept. 4, 2007 Public Works Committee Synopsis: This request from IDOT is for the city to grant IDOT primary rights with respect to surface rights on an area recently conveyed to IDOT along Route 126 west of Mill Street. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Jz��o c'r'� United City of Yorkville Memo 800 Game Farm Road Esc ,seas Yorkville, Illinois 60560 Telephone: 630-553-8545 p Fax: 630-553-3436 <LE Date: August 29,2007 To: Bart Olson,Interim City Administrator From: Joe Wywrot, City Engineer CC: Mike Roth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Subordination of Surface Rights—Yorkville Middle School Route 126 west of Mill Street Attached find a request from the Illinois Department of Transportation for the city to place itself in a subordinate position with respect to surface rights along the north side of Route 126 near Yorkville Middle School. In 2003 the school district constructed the new middle school along Route 126. At that time they also conveyed right-of-way to IDOT and constructed improvements to Route 126 including turn bays and driveway entrances.A portion of the property conveyed includes easements dedicated in 1967 and 1987 for watermains and other public utilities. IDOT is now requesting that the city agree to give IDOT primary rights with respect to surface improvements on the new right-of-way. If utilities in the easement ever need to be relocated, MOT would bear that expense. I recommend that this document be approved.Please place this on the Public Works Committee agenda of September 4,2007 for consideration. Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 August 20, 2007 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Roy Wywort LAND ACQUISITION IL RT 126 Kendall County Job No. R-93-007-98 SUBORDINATION OF SURFACE RIGHTS Dear Mr. Wywrot: The Illinois Department of Transportation has accepted a Donation of Right Of Way for Public Road Purposes known as Parcel Number 3DD0016. The subject parcel is located along IL RT 126 at Yorkville Community District #115 School in Yorkville, Illinois. This donation is in conjunction with a development permit application process. In order to complete the Land Acquisition process a Subordination of Surface Rights is required from your company. Enclosed are two (2) subordination forms with right of way plats attached and one (1 ) copy of the title report indicating the easement data. To aid in the identification of the project area, a highlighted plat book map is included. Please have the proper signatures affixed to the original document and return it to this office for filing. If your Easement is not affected , please notify this office in writing so we can close our files. If you should have any questions or require additional information, please contact Kristine Klieber at telephone number (815) 434-8467 or via e-mail at Kristine. Klieberoillinois.gov. Sincerely, George F. Ryan, P. E. Deputy Director of Highways ion Two Enggii jeer By: Steven B. Andrews District Land Acquisition Engineer LAWYERS TITLE INSURANCE CORPORATION OWNER' S POLICY Policy No.: A75-0616907 File No.: 04LT1883 SCHEDULE B Part 1 EXCEPTIONS FROM COVERAGE This Company does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of 11 . GRANT OF EASEMENT FOR ROAD, STREET OR HIGHWAY PURPOSES DATED JUNE 67 1949 AND RECORDED AUGUST I , 1949 IN BOOK 105 AT PAGE 515, MADE BY WALTER S. OLSEN AND BLANCHE E. OLSEN (GRANTORS) TO AND FOR THE BENEFIT OF THE VILLAGE OF YORKVILLE AS DESCRIBED THEREIN. 12. GRANT OF EASEMENT DATED MAY 26, 1960 AND RECORDED DECEMBER 6, 1960 IN BOOK 123 AT PAGE 401 AS DOCUMENT 132045, FOR THE BENEFIT OF ILLINOIS BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR PUBLIC UTILITY PURPOSES AS DESCRIBED THEREIN. 13 . EASEMENT AGREEMENT DATED OCTOBER 11, 1967 AND RECORDED DECEMBER 5, 1967 IN BOOK 158 AT PAGE 426 AS DOCUMENT 157548, MADE BY THE YORKVILLE COMMUNITY CONSOLIDATED GRADE SCHOOL DISTRICT 15 (GRANTOR) TO AND FOR THE BENEFIT OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE FOR THE CONSTRUCTION AND MAINTENANCE OF A WATER MAIN WITH ALL NECESSARY APPURTENANCES. (SEE DOCUMENT FOR PARTICULARS) 14. GRANT OF EASEMENT DATED MAY 245 1978 AND RECORDED JUNE 153 1978 AS DOCUMENT 78-3835, FOR THE BENEFIT OF ILLINOIS BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR PUBLIC UTILITY PURPOSES AS DESCRIBED THEREIN. 15. GRANT OF WATER LINE EASEMENT DATED JANUARY 23, 1987 AND RECORDED JANUARY 31, 1989 IN BOOK 190 AT PAGE 43 AS DOCUMENT 890616, MADE BY YORKVILLE COMMUNITY SCHOOLS, UNIT SCHOOL DISTRICT 115 (GRANTOR) TO AND IN FAVOR OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, ITS SUCCESSORS AND ASSIGNS, A PERMANENT EASEMENT TO CONSTRUCT, MAINTAIN AND OPERATE PUBLIC UTILITIES UNDERGROUND AND FURTHER THE RIGHT OF ACCESS TO SAID AREA FOR MAINTENANCE AND REPAIR OF SAID UTILITIES. 16. RESOLUTION RECORDED MARCH 21 , 1990 IN BOOK 267 AT PAGE 291 AS DOCUMENT 901785, MADE BY THE REGIONAL BOARD OF SCHOOL TRUSTEES OF KENDALL COUNTY, GRANTING ILLINOIS BELL TELEPHONE COMPANY A NON-EXCLUSIVE EASEMENT COVERING A SMALL PORTION OF THE PROPERTY FOR COMMUNICATION AND ELECTRICAL PURPOSES AS SET FORTH IN THE GRANT OF EASEMENT ATTACHED THERETO, 17. RIGHTS OF WAY FOR DRAINAGE DITCHES, DRAIN TILES, FEEDERS, LATERALS AND UNDERGROUND PIPES AND ANY EXISTING UTILITY EASEMENTS. 18. RIGHTS OF THE MUNICIPALITY, STATE OF ILLINOIS, THE PUBLIC AND ADJOINING OWNERS IN AND TO THAT PART OF THE LAND FALLING IN STREETS, ALLEYS, ROADS OF HIGHWAYS AND THE RIGHTS OF THE PUBLIC OR QUASI-PUBLIC UTILITIES, IF ANY, FOR MAINTENANCE THEREIN OF POLES, CONDUITS, SEWERS, ETC., IN STREETS AND ALLEYS. ISSUED BY: LAW TITLE - NATIONAL DIVISION Authorized Agent for: LAWYERS TITLE INSURANCE CORPORATION 2000 W. Galena Blvd., Suite 200 Aurora, Illinois 60506 _. . __ . 630-892-4063 This policy is invalid unless the Insuring File No. 04LT1883 Provisions and Schedules A and B are attached. Schedule B, Part I 1' f BRISTOL TWP SEE PAGE 23 KENDAL L � FOXi :A L-,h4t:Y?+� bMRRIVEfl r' -r4XSO�,G%t s ; 31 0 32R 47 " E o M:4P " , T . 36 - 37N . - RY7E . T Bndall m 37 CnunN _N -. Pa E : RICHARD 01 21064 For9si 2 63]3 N Chicago Council PmDaA OF W J° V FOFO PRES OSWEGO TWP. °o YOR IL � E e '. Bay Scouts qr y 384 I, la 5 <O (America 0� NOrthenl F 5 as -ARM oo 5 TIUSI GO. n'e, FPN°M COLONY 93]4 ryS0 O S 13 126 lL North ern Trust TNSI NO. 9 Yee ly,� ue Oms a pg fox ct9x n 1g Go., Trust No. I 3 369]0 8540 � C/y�hs4z Five H qO eankT I y n A o Lewrs E8 T wY 'dWar my 5 m cflooN 134.43 6826 LeYp 26 LLC N . 5r0 He pL 36 l M IV m cP wacos eo 11; 01 a an I. 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Slanle ❑ m z Cooper m c.c E o vm2 o a o F rms L.P, m E WissmNor 18 Margaret Stewart tewa 0 [1 47 114.55 A9riculfurdl Gen�ler TNSI 1593 -,so, 27522 O _ e 2377.4 ° Trul 2)5.22 1399 2U R-U' � 2ti °� 1 rreLMw a , Kendall County, IL . --- -- SEE PAGE 9 LISBON TWP. 2005 Rockford Map Pulls., Inc. 12000W 11000W 10000W 9000W 8000W 7000W 6000W John greene Land Company "specialists in Brokerage of Development Arranmore Farm and 34 Rance Road / Oswego, IL 60543 (630) 551-3333 office 1 (630) 551-3434 fax Agricultural Lanz/ii www.johngreeneland.com 17 IL RT 126 Kendall County Job No. R-93-007-98 Page 1 Of 5 RECORDER'S USE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES KNOW ALL MEN BY THESE PRESENTS , That the Grantor, UNITED CITY OF YORKVILLE, of the County of Kendall and State of Illinois, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($ 1 . 00) in hand paid by the State of Illinois, acting by and through the Department of Transportation , or on its behalf, the receipt of which is hereby acknowledged , do hereby subordinate unto the People of the State of Illinois , its interest which has been acquired in , through, or by easement or easements dated and filed in the Recorder's Office of Kendall County, Illinois, as follows : PAGE 2 OF 5 JOB NO . R-93-007-98 PARCEL DATE OF DATE OF NUMBER EASEMENT RECORDING RECORDATION DATA 3DD0016 10/ 11 /67 12/05/67 Book 158 ; Pg 426: Document #157548 01 /23/87 01 /31 /89 Book 190; Pg 43 Document # 890616 That part of the Southeast Quarter of Section 32 and part of the Southwest Quarter of Section 33 , Township 37 North , Range 7 East of the Third Principal Meridian , and part of the Northwest Quarter of Section 4 , Township 36 North , Range 7 East of the Third Principal Meridian , described as follows : Commencing at the northwest corner of Lot 9 in the Edgewood Addition to the United City Of Yorkville , thence North 82 degrees 17 minutes 09 seconds West, along the westerly extension of the south right of way line of Orange Street, 50 . 39 feet to the west right of way line of Mill Street; thence South 00 degrees 28 minutes 12 seconds West, along the west right of way line of said Mill Street, 1336 . 33 feet to the Point Of Beginning; thence continuing South 00 degrees 28 minutes 12 seconds West, along the west line of said Mill Street, 53 . 03 feet to the current northeasterly right of way line of said Illinois State Route 126 ; thence North 57 degrees 34 minutes 51 seconds West, along said current northeasterly right of way line, 1146.26 feet; thence North 47 degrees 24 minutes 21 seconds West, along said current northeasterly right of way line , 56 . 51 feet; thence South 57 degrees 34 minutes 51 seconds East, 1124.92 feet; thence North 86 degrees 49 minutes 02 seconds East, 60 . 12 feet to the Point Of Beginning , all in the United City Of Yorkville , Kendall County, Illinois. Permanent Tax Identification Number: 05-39-351 -001 ; 05-04- 102-001 and 05-38-479-007 to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain , and control access to IL RT 126 , on the following land as shown on the attached plat in Kendall County and State of Illinois . PAGE 3 OF 5 JOB NO. R-93-007-98 Any alteration and/or relocation of said Grantor's facilities now or hereinafter made within or adjacent to the aforesaid described land , which is required by order of the state in connection with any exercise by the state of its right hereunder, shall be performed by the Grantor, but the Grantee shall reimburse the Grantor for the actual reasonable cost of such performance and the actual reasonable cost to acquire any additional replacement property necessary for such alteration or relocation. This subordination of the Grantor's easement or easements shall be effective only as to such air and surface rights and to such distances below the surface as may reasonably be required to construct, reconstruct, operate, and maintain said highway to insure adequate and sufficient lateral and vertical support thereof, and that otherwise this subordination shall in no way affect or impair the rights of the Grantor, its successors or assigns, under and by virtue of said easement or easements, including , but not limited to, the right to construct additional facilities under, over and across said highway, provided that the construction of any future facility under, over and across said highway shall be performed in such a manner as not to interfere with or impair the use of said highway and shall conform to reasonable rules and regulations as to such construction as may be promulgated by Federal or State authorities. IN WITNESS WHEREOF, the Grantor(s) (has have) hereunto set (his her their) hand(s) and seals) this day of , UNITED CITY OF YORKVILLE BY: ATTEST: PAGE 4 OF 5 JOB NO . R-93-007-98 STATE OF SS . COUNTY OF I , , a Notary Public in and for said county in the state aforesaid , do hereby certify that and personally known to me to be and respectively of UNITED CITY OF YORKVILLE , a Municipal Corporation , and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such and respectively, they signed , sealed , and delivered the said instrument as the free and voluntary act of said Municipal Corporation, for the uses and purposes therein set forth , and that they were duly authorized to execute the same by the City Council of said Municipal Corporation. Given under my hand and notarial seal this day of A. D. , NOTARY PUBLIC My Commission Expires: Return To And Prepared By State Of Illinois Department of Transportation 700 East Norris Drive Ottawa , IL 61350 MCC. NA' C0.P LOT 9 eW/N IRM PM[ LD1 , R 0 PArKT3 MO. 30DOG`A6 OPA �__ IOQOPOS® ROPY ALc A - 12947 SOLPT xenrvp•R I Vol p , i0 0 STA fOH520v �a ADD I 55.51' 3$ T37N R7E 3'd PN a i l ro BF ttY(1£lE0 m CNKTNG RICNT i OF WAY LNE OE �. ++ • �T SEC 32 T371J 3d PM I/ TOV✓NS_HlP_ 9Ta us.5EOl KOZALL ? TOWNSHIP '0\ SD Ir - t\s' NBSL9 b1'E I ` CENnoR I STA W40190 N4 Of F. 4100 y .IW`t .,qB4 P.0.4 SEC A 736N RM 3'd S Af' 500211'12•W IRPY BARS )p BE = AT AIL 0.WNER5 CEA11P1[ATW STATE OF ILUNOM ss COUNTY OF NENDALL t An; L auY. /TYPO PRMSSpAL LAro FIMI[TO! /4i6T 3 mt, OO Lq®r QRRY vMT T.£ Pur Or RW{EYAML W[KM mAw RAS AMCPARED DOWD 4REHWS AAPIFY MMMArKN MD YMs PUR Kp OlNfir I61M/IpR fl RE0.1tl1 tOr llE VIIS AW PUKOSES KIIEN SET! M CE THE POVOKLO ACROMBEV MFPER ? 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ANNOTATOR PUNT HENS _ PART CF BOSTLZ 6 AVDAU P.O.B. � ppNi Cf BEpNNINC "^^^ R1lv1JAS R. pLL BEMINCS ARE ASSUMED. MS PLAT giL}pT[p pp OS NO R3-00.7-98 ]. ME EWSTNC R0Nr5-Op-WAY SHOWN RENEW ARE PER N'R'F' DEED OF RECORD. ADDRESS RMItlO DRAM BY: DAR 4. ALL RICHTS-OF-WAY CONVEYED HEREON ME HEREBY .PN 1 5 CONVEYED EE NLN01E DEPARTMENT OF TIµ3pORipTpV FOR CE4YNFD 9Y: No RCKF. PU&JC SiPGLT PURPOSES. 1• � IW a x2 J]�Lp CIEOSD BY: YcRT. SCLLE' `QED C/p� Reviewed By: Agenda Item Number J �fi O Legal ❑ t i c, EST. � isss Finance ❑ C�y.L�'' �i-l�i.i'}�� ;� �. Engineer Tracking Number q City Administrator ❑ 9 � O Consultant ❑ Agenda Item Summary Memo Title: Bristol Bay Units 1 through 7—Landscaping Bond Reduction#1 Meeting and Date: Sept. 4,2007 Public Works Committee Synopsis: This reduction is based on work completed to date. Recommend a reduction of $652,050.63. The remaining bond amount would be $426,529.36. 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: Co-, United City of Yorkville Memo J 0 800 Game Farm Road EST. , 1636 Yorkville, Illinois 60560 < Telephone: 630-553-8545 0 � °` ` p 9 Fax: 630-553-3436 <LE v�`2 Date: August 30,2007 To: Bart Olson,Interim City Administrator From: Joe Wywrot, City Engineer u) CC: Lisa Pickering,Deputy City C erk Subject: Bristol Bay Units 1 through 7—Landscaping Bond Reduction#1 Federal Insurance Company Bond#8196-77-29 I Attached find a request from Centex Homes to reduce the bond for landscaping for Units 1-7 of the Bristol Bay development. I have reviewed the request and concur that much of the landscaping work has been completed. There are still relatively large areas of Units 3 and 5,however,that remain undeveloped,and therefore I feel that a 70%overall completion percentage is appropriate.Please refer to the attached spreadsheet for details. I recommend that Federal Insurance Company No. 8196-77-29 be reduced by the amount of$652,050.63.The remaining bond amount would be$426,529.36.Please place this item on the September 4,2007 Public Works Committee agenda for consideration. Z -t r I� m ;0 Cn m i 3 = m c 41 4 m O' Q Cl C) r= <. m O o N. C) n o Z Z O o O v -n m m r r a vi 00 m 0 00 w m 0 o m CL a y) OD m - c a m m o N N �° a o L a N cr N N 0 N O N O V V a O� O o d N o ° N a) ° O W O 41 y o 0) � c cr r � m N N W OVO [C9 O p O 0m 3 O � m 3 m a � G O O O (p R7 O o n 0 3 . 0 c 3 = v w m Co p w (M 0o a O (Qcgym p(o (" m< a C 0 0 o ( o 3 m a D (D c 3 3 N [CMO Z O N GOn O W O m 3o r v c p (D CL W a N N O WO 9 O) W Z N O N N N N a C co W O W W V CENTEX HOMES 2205 Point Boulevard Elgin. Illinois 60123 Phone: (847) 783-6300 Fax: (847) 783-6781 August 6, 2007 VIA Mail Joe Wywrot Yorkville City Engineer United City_ of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bond Reduction Request Bond # 8196-77-29 Dear Mr. Wywrot, It is my understanding that the improvements for the bond referenced above have been substantially completed and at this time, I am respectfully requesting a reduction of this bond as follows: Bond #8196-77-29 — Landscaping Improvements Phase 1 . Requesting a reduction of $ 713,843 .00 to change the amount of the bond from $ 1,078,580.00 to $364,737.00 Copies of the Bond Recap Sheet have been provided to facilitate the review process. If I can be of any further assistance, please do not hesitate to contact Andrew Cooper or myself. Sincerely, CENTEX HOMES JoAnne Bowers Senior Land Development Coordinator Cc: Bond # 8196-77-29 Travis Miller Andrew Cooper Joe Marx nmm m � e Gao z o < 0 _r o °Y c r x £ n M z v .m, a F z z c ° n a d a o 3 a a £ G G o m S a o a v a (n 3 0 3 6 00 A C n 00 0 m m o 10 ° ago � " Xan 22 1° 3 m S 3 . 3 nn z 3 . G � 'a cmin y am z M z '9 m o � amN � ° � $ � m ° mN � N �, eo � � m � Nm � o � me � � omsw � ° m � O �1 3 �" nt < rn � � � � � a � nna n n �" �" �" > n n n n n n n n n w � T n nna n n n �" �" �" 3 Z n m esssosss 'sssa oases N9 0 n m m � > n m mka uses ° N ' Hgam °eves c oi' o o ': 3 W � paoNmw ° mNOO ° ° ° SaaSo °° °° NOOO 000 .� aH n In A "Dn g mss mooUOUONmmoss � 's 'g 's '° " gsm � m � � oNOsoa mE pa 3 � m z a ' a m .,. y � � a °� a ° a °� °� a �° � ae a aaa � � � aaa Sao a � � z m n o m —I a � ? c v O y n a y - Z 2 O ti o n n n A n y z z _ � m8 � M o n $ S umm 0 Nm $ 8 2N 8 wm nU �V j o wC Uld o'PI a ° O F_ O O � 9a a O v a p a a n O Y O . O a ~ H M 3 c c c -lo 0 o Q ' ° y " a n. o o or m z . z O o y * 0 O a n5 ; m m N �'n en ei m cc wr'io yp 83 m N O O r <D cl). Reviewed By: Agenda Item Number ? O J 4 T Legal ❑ Finance ❑ EST. , � 1836 Engineer g Tracking Number -O 0 City Administrator F-1 p `=O Consultant ❑❑ I 'V�1 a'C- - 7 P1 1) Agenda Item Summary Memo Title: Updated 6-year Capital Improvement Program Meeting and Date: Sept. 4, 2007 Public Works Committee Synopsis: This updated program lists proposed capital projects from Fiscal Year 07-08 to Fiscal Year 12-13. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Consensus by Committee of the Whole Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C1pyo United City of Yorkville Memo " 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 4 E r Telephone: 630-553-8545 Fax: 630-553-3436 YmiNCwnM1' `� <LE Date:August 31, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Eric Dhuse,Director of Public Works Sue Mika,Finance Director Lisa Pickering, Deputy City Clerk Subject: Updated 6-year Capital Improvement Program Attached find proposed revisions to last year's 6-year Capital Improvement Program. Multi-year projects are listed with their total cost only in the year they are scheduled to begin,unless they will be constructed as separate,phased projects. All project costs are for construction and related construction engineering unless indicated otherwise. Debt service for past projects is not listed Some projects scheduled for developer funding may be delayed due to the lack of funding. Costs for ongoing and imminent project were updated based on best available information_Proposed major revisions to last year's approved plan are as follows: General • Various projects were moved up or back one year based on available funding or on the progress of our overall water, sanitary sewer, and roadway projects. Water • Design of the south regional water improvements were added in FY 08-09. Construction of these improvements is tentatively scheduled to begin in FY 10- 11. Sani • Construction of the Rob Roy Creek Interceptor—North Branch 2,was added in FY 08-09. • Replacement of an old sanitary sewer that is located in an easement at 202 River Road was added in FY 12-13. Streets • Widening of Route 47 from Comeils to Jericho was deleted. This project will not proceed due to lack of developer funding. • McHugh Road (Spring to Walnut) was moved up to FY 08-09. • Continuation of the In-Town Road Program was added, with design engineering shown in FY 08-09. Construction of Phase 3 would be in FY 09-10 and Phase 4 in FY 10-11 . Miscellaneous • Design and construction of the Com Ed bike trail was added, to be completed over a 3-year period. • Annual funding was added for construction of additional bike trails. • Annual funding was added for planting of parkway trees. Please place this item on the Public Works Committee agenda of September 4, 2007 for consideration. Proposed Water Capital Improvement Program 30-Aug-07 Funding Source Water Improvement Year Project & Expansion Fund MFT Developer FAU Total 07-08 a) Routes 71/126 Watermain Casing $ 19,000 $ 19,000 b) SW Regional Water Improvements (Design) $5005000 $500,000 c) Fox & Washington Watermains (In-Town Road Pgm) $110,000 $ 110,000 d) Heustis Watermain Replacement (In-Town Road Pgm) $ 1103000 $ 1105000 e) SCADA System for Waterworks $2003000 $200,000 I) Kennedy Road PRV Station $200,000 $200,000 g) Well #4 Rehabilitation (design) $20,000 $20,000 h) Tower Lane water tower painting (design) $45,000 $45,000 i) Gawne Lane watermain $200,000 $200,000 j) Kennedy Road PRV Station $200000 $209.400 Sub-Total $704,000 $900,000 $ 1,604,000 08-09 a) McHugh Road Watermain Abandonment $ 1000 $ 10,000 b) Fox Hill Watermain Recapture $4102000 $410,000 b) Well No.4 Rehabilitation $ 1505000 $ 1505000 c) Tower Lane water tower painting $ 150,000 $ 1505000 d) Shallow Well Siting Investigation $3305000 $330,000 e) Eldamain/Rt.34 PRV Station (design) $25,000 $25,000 f) Well No. 10 $8705000 $870,000 g) Well No. 10 Treatment Plant $324405000 $334403000 h) Greenbrier Road Watermain Extension $7309000 $730,000 i) SW Water Tower (2.0 MG) $23000,000 $ 15900,000 . $3,9001000 j) Chilly Farm Booster Station $6105000 $610,000 k) South Water Improvements (partial design) $250,000 $950,000 Sub-Total $257203000 $8,8555000 $ 11 ,575,000 09-10 a) W. Ridge Watermain Replacement $1409000 $140,000 b) Well No. 6 & Water Treatment Plant (Design) $2009000 $200,000 c) Eldarnain/Rt.34 PRV Station $1759000 $ 175,000 d) Radio-read meter retrofit (Phase 1) $ 115,000 $ 115,000 e) Washington Watermain Replacement (S.Main - Mill) $ 150,000 $ 150,000 f) Game Farm/Somonauk Road Watermains $65,000 $65,000 g) Well #7 Standby Generator $350,000 $350.000 Sub-Total $12020,000 $ 175,000 $ 13195,000 10-11 a) S. Main Street Watermain Replacement $2009000 $200,000 b) Elizabeth Street Watermain Replacement $ 1759000 $ 1755000 c) Orange/Olsen Watermain Loop $60,000 $60,000 d) Radio-read meter retrofit (Phase 2) $ 1155000 $1155000 e) South Water Improvements (tower design) $150,000 $ 1505000 f) South Water Improvements (deep well) $800,000 $8005000 g) South Water Improvements (treatment plant) $6,8005000 $6,800,000 h) Well No. 6 $19000,000 $ 1 ,000,000 i) Well No. 6 Treatment Plant $29500,000 $2,500,000 j) Route 47 Watermain Relocations $650.000 S650,000 Sub-Total $ 1 ,200,000 $ 1,2003000 $2,400,000 11-12 a) West Fox River Watermain Crossing $7502000 $7503000 b) South Water Improvements (5 MG standpipe) $25300,000 $230003000 $493005000 c) South Water Improvements (Shallow Well #1) $325,000 $325,000 d) Orange Street Watermain Replacement (S.Main - Mill) $ 150,000 $ 1502000 e) Well No.3 Rehabilitation S100_000 $ 100000 Sub-Total $3,625,000 $21000,000 $5,625,000 12-13 a) Newlywood Foods Watermain Replacement $ 1505000 $ 1505000 b) South Water Improvements (Shallow Well #2) $3255000 $3259000 c) River Road Watermain Replacement (Rt.47 - King) $,1_29,900 $ 120 000 Sub-Total $595,000 $5955000 Water Total $9,864,000 $ 13,1301000 $22,9942000 Proposed Sanitary Capital Improvement Program 30-Aug-07 Fundina Source San. Sewer Imp. Year Project & Expansion Fund MFT Developer FAU Total 07-08 a) SW Interceptor - Engineering $200-000 S20MOO Sub-Total $200,000 $200,000 08-09 a) SWInterceptor - EasementAcquisition $ 10%000 $10 0000 b) Rob Roy Creek Interceptor (North Branch #2) $1910%000 $55%000 $1 ,650,000 c) Aux Sable Creek Pump Station & Interceptors - Design $7605000 $76%000 d) SW Interceptor - Contract 1 $2,7003000 $2,7009000 e) SW Interceptor - Contract 1 (Forest Preserve Landscaping) $ 15%000 $15%000 f) SW Interceptor - Contract 2 $2,5009000 $255009000 g) Fox Hill Sanitary Sewer Recapture $3855000 $385,000 h) SCADA System for Pump Stations $303000 $302000 i) Palmer Court Sanitary Sewer Replacement $60.000 $60,000 Sub-Total $ 13575,000 $6,7605000 $833355000 09-10 a) Miscellaneous Repairs $505000 $5%000 b) Aux Sable Creek Forcemain - Contract IA $2,7503000 $2,7509000 c) Aux Sable Creek Pump Station - Contract 2 $4955%000 $45550,000 d) Aux Sable Creek Interceptor - Contract 3 $2530%000 $23300,000 e) Aux Sable Creek Interceptor - Contract 4 $2,15%000 $291505000 f) SCADA for pump stations $ 100000 $ 1009000 g) Game Farm Road Sanitary Sewer Repairs $50,000 - $50.000 Sub-Total $200,000 $1137505000 $ 11,950,000 10-11 a) Miscellaneous Repairs $509000 $50,000 b) Sewer Extensions $15%000 $ 1505000 c) Route 47 Sanitary Sewer Repairs $200,000 $200 000 Sub-Total $4003000 $4005000 11-12 a) Citywide SSES repairs - Design $20%000 $200,000 b) Miscellaneous Repairs $5%000 $50,000 c) Sewer Extensions $150,000 $ 150,000 Sub-Total $4003000 $40%000 12-13 a) Citywide SSES repairs $2,00%000 $2,0009000 b) Miscellaneous Repairs $5%000 $5%000 c) 202 River Road Sanitary Sewer Replacement $10%000 $ 10%000 d) Sewer Extensions $ 150,000 $ 150,000 Sub-Total $253005000 $2,30%000 Sanitary Total $4,875,000 $ 18,7109000 $235585,000 i Proposed Street Capital Improvement Program 30-Aug-07 E nding Snare Year Pry General Fund MET Developer FAU Total 07-08 a) Rt.34/Sycamore Traffic Signal $752000 $75,000 b) Wooddale Drive Construction $55,000 $55,000 c) In-Town Road Program (Phase 2) - Utility Construction $ 120053000 $15005,000 d) In-Town Road Program (Phase 2)- Roadway Const. $ 1 ,3501000 $1 ,350,000 e) Game Farm Road (Phase 2 Engineering) $150,000 $ 150,000 $300,000 f) Game Farm Road (Plat of Highways) $673800 $675800 g) SW Regional Roadway Improvements - Design $160"000 $ 160.000 Sub-Total $2,410,000 $2922800 $1603000 $150,000 $330129800 08-09 a) Asphalt Pavement Treatment $509000 $505000 b) Crack Sealing $20,000 $20,000 c) Palmer Court $902000 $90000 d) McHugh Road (Walnut to Spring) $300,000 $300,000 e) Van Emmon Guardrail & Culvert Extension $40,000 $40,000 f) In-Town Road Program - Phase 3 (design) $350,000 $3505000 g) Kennedy Road (Christy to Grande Reserve) $200,000 $ 1,100,000 $1 ,300,000 h) Game Farm Road (ROW acquisition) $ 100,000 $1009000 $200,000 i) Councils Road (Beecher to Route 47) - Design $200,000 $2005000 j) Faxon Road extension to Route 47 - ROW Acquisition $ 100000 $ 100.000 Sub-Total $151309000 $ 1209000 $1 ,3003000 $ 1005000 $21650,000 09-10 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $20,000 $20,000 c) Game Farm Road (Phase 3 Engineering) $703000 $ 1609000 $230,000 d) Game Farm Road (Construction) $259003000 $231005000 $530003000 e) Faxon Road Extension to Rt.47 $700,000 $ 19000 $701 ,000 f) In-Town Road Program - Phase 3 $2,5001000 $2,5005000 g) Countryside Parkway (Center - W. Kendall) $1107000 $1105000 h) Kennedy Road (RR tracks to Galena) $ 1 ,430,000 $154307000 i) Mill Road (Kennedy to east end Grande Reserve) $226403000 $2,6405000 j) Greenbriar Road Extension $700,000 $700,000 k) Fox Road Resurfacing (Poplar - Route 47) $6005000 $600,000 1) Pavillion Road Improvements (Fox - Rt.71) $ 1 400.000 $1 400-000 Sub-Total $3,3709000 $2,991 ,000 $61770,000 $272602000 $ 15,3915000 10-11 a) Asphalt Pavement Treatment $60,000 $602000 b) Crack Sealing $303000 $30,000 C) Powers Ct. $75,000 $75,000 d) Route 47 non-participating street costs $500,000 $5009000 (streetlights, traffic signals, Jefferson Street) e) Kennedy Road (Bristol Ridge to RR tracks) $2,540,000 $25540,000 f) In-Town Road Program - Phase 4 $2, 100,000 $2,100,000 g) Corneils Road (Caledonia to Route 47) - Construction $600,000 $600,000 i) Streetlight Construction (Various Locations) $50,000 $50000 j) River Road Bridge @ Blackberry Creek - Phase 1 Engrg. S100000 $100,944 $200,000 Sub-Total $233859000 $5305000 $3,140,000 $ 1009000 $65155,000 11-12 a) Asphalt Pavement Treatment $603000 $605000 b) Crack Sealing $40,000 $40,000 c) E. Kendall Drive & Mulhem Court $250000 $250,000 d) Kennedy Road (Christy to Bristol Ridge Road) $ 1 ,6003000 $ 1 ,600,000 e) Strawberry Lane/Conover Ct $ 150000 $ 150,000 f) Streetlight Construction (Various Locations) $503000 $50,000 g) River Road Bridge @ Blackberry Creek - Phase 2 Engrg. S100000 $ 100-000 Sub-Total $4609000 $190,000 $1,(500,000 $2,2505000 12-13 a) Asphalt Pavement Treatment $60,000 $60,000 b) Crack Sealing $405000 $40,000 c) River Road Bridge @ Blackberry Creek - Construction $1855000 $550,000 $7355000 d) W. Kendall Drive & Anderson Court $250,000 $2502000 e) Countryside Subdivision - Units 8 & 9 $2003000 $2005000 I) Streetlight Construction (Various Locations) $50,000 $50000 Sub-Total $7452000 $405000 $550,000 $ 1,335,000 Streets Total $ 10,500000 $4,163,800 $ 1259703000 $3,1605000 $302793,800 Proposed Miscellaneus Capital improvement Program 30-Aug-07 Funding Source Year * General Fund Developer Grant Total 07-08 a) ISWS Groundwater Study $35500 $3,500 b) Blackberry Creek flood study $ 115000 $ 11,000 c) Rt. 126/Rt.71 Landscaping $55000 $5,000 d) Downtown Brownfield Study $ 12,000 $ 12,000 e) Raymond Storm Sewer Outfall - Construction $500,000 $725,000 $ 1,2255000 f) Fox Road Stormwater Study $34,000 $34,000 g) Com Ed Bike Trail - preliminary design $36,000 $36.000 Sub-total $567,500 $759,000 $123262500 08-09 a) ISWS Groundwater Study $ 1,000 $13000 b) Raymond Detention - Construction $4,000,000 $4,000,000 c) Bury Com Ed poles $ 1005000 $1005000 d) Downtown Brownfield - Remediation $100,000 $ 100,000 e) Town Square Sidewalk Replacement $255000 $255000 f) City-County Jefferson St. Design $50,000 $50,000 g) Com Ed Bike Trail - design & easements $555000 $555000 h) Parkway tree planting program $25,000 $25,000 j) Sidewalk Replacement/Extension Program $60,000 $60,000 k) Beecher Road - River Crossing Study $ 10 0000 $100,000 1) Police Station - Design $650,000 $650,000 m) Parks/Public Works Facility - Design $150,000 $ 150,000 Sub-total $5,216,000 $ 1009000 $553169000 09-10 a) Bury Com Ed poles $100,000 $ 1005000 b) Com Ed Bike Path $3105000 $ 1,200,000 $ 15510,000 c) Parkway tree planting program $253000 $253000 d) Sidewalk Replacement/Extension Program $60,000 $609000 e) Police Station - Construction $ 11,000,000 $11,0005000 f) Parks/PW Facility - Construction $7.000,000 $7.000.000 Sub-total $495,000 $ 18,000,000 $15200,000 $19,695,000 10-11 a) Bury Com Ed poles $ 1005000 $ 1005000 b) Route 47 sidewalk construction $4105000 $4105000 c) Bike Trail Construction - various locations $50,000 $505000 d) Parkway tree planting program $25,000 $25,000 e) Sidewalk Replacement/Extension Program $60.000 $60,000 Sub-total $645,000 $6452000 11-12 a) Bury Com Ed poles $ 100,000 $ 100,000 b) Bike Trail Construction - various locations $5%000 $50,000 c) Parkway tree planting program $25,000 $25,000 d) Sidewalk Replacement/Extension Program $60,000 $60MO Sub-total $2355000 $235,000 12-13 a) Bury Com Ed poles $1005000 $10%000 b) Bike Trail Construction - various locations $5%000 $50,000 c) Parkway tree planting program $25,000 $25,000 d) Sidewalk Replacement/Extension Program $60,000 $61000 Sub-total $2355000 $235,000 Misc. Total $7,393,500 $ 18,759,000 $ 1,3009000 $27,452,500 Summary of Capital Improvement Program 30-Aug-07 Funding Source Year Category General Fund Water Sanitary MFT Developer FAU Other Grant Total 07-08 a) Water Improvements $704,000 $900,000 $ 1041000 b) Sanitary Improvements $20000 $200,000 c) Street Improvements $2,4101000 $2923800 $ 16000 $ 150,000 $3,012,800 d) Miscellaneous Improvements $567,500 $759,000 $ 1 ,326 500 Totals $2,977,500 $704,000 $292,800 $23019,000 $ 150,000 $6, 1432300 08-09 a) Water Improvements $2,720,000 $81855,000 $ 115575,000 b) Sanitary Improvements $ 1 ,575,000 $6,76000 $8,335,000 c) Street Improvements $ 1 , 1303000 $120,000 $ 1 ,300,000 $ 10000 $2,650,000 d) Miscellaneous Improvements $5,216,000 $ 100,000 $5j ] 6 000 Totals $6,346,000 $2,7201000 $ 1 ,5752000 $ 120,000 $16,9155000 $ 10000 $ 100,000 $27,876,000 09- 10 a) Water Improvements $ 1 ,0205000 $ 175,000 $1 , 195,000 b) Sanitary Improvements $200,000 $ 11,750,000 $ 115950,000 c) Street Improvements $3,370,000 $2,9915000 $6,770,000 $2,2602000 $ 15,391 ,000 d) Miscellaneous Improvements 495 000 $ 18 000 000 $ 1 .200.000 $19,695,000 Totals $3,865,000 $1 ,0202000 $2007000 $2,991 ,000 $36,695,000 $2,260,000 $ 1 ,2003000 $48,231 ,000 10-11 a) Water Improvements $15200,000 $ 1 ,2005000 $2,4005000 b) Sanitary Improvements $400,000 $4001000 c) Street Improvements $2,385,000 $5305000 $3, 140,000 $1002000 $61155,000 d) Miscellaneous Improvements $645,000 $645 000 Totals $3,030,000 $ 1 ,200,000 $4005000 $5305000 $4,3409000 $ 1003000 $976003000 11 - 12 a) Water Improvements $376259000 $2,000,000 $5,625,000 b) Sanitary Improvements $400,000 $400,000 c) Street Improvements $4609000 $ 190,000 $ 1,6005000 $21250,000 d) Miscellaneous Improvements $235,000 $235,000 Totals $6957000 $3,625,000 $400,000 $ 190,000 $300,000 $815101000 12- 13 a) Water Improvements $595,000 $595,000 b) Sanitary Improvements $2,3005000 $21300,000 c) Street Improvements $745,000 $40,000 $5505000 $ 1 ,335,000 d) Miscellaneous Improvements $235,000 $235,000 Totals $9809000 $595,000 $21300,000 $40,000 $550,000 $4,465,000 Total Cost of 6-year Program $171893,500 $9,8645000 $4,875,000 $41163,800 $635569,000 $31160,000 $15300,000 $104,825,300 0 C/T� Reviewed By: Agenda Item Number 2 � O J T Legal El �1 ili >• V"1i`>_> I Finance ❑ EST. , 1036 Engineer ' . (z9 0-7 Tracking Number t y City Administrator ❑ 9 ° s Consultant El v� (� Agenda Item Summary Memo Title: 202 River Road—Plat of Vacation Meeting and Date: Sept. 4, 2007 Public Works Committee Synopsis: We have been requested by the property owner to vacate a watermain easement. Recommendation is to obtain a sanitary sewer easement before vacating the watermain easement. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of Plat of Vacation, subject to obtaining a satisfactory easement for sanitary sewer. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: yT United City of Yorkville Memo 800 Game Farm Road EST. , 1898 Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 w 0 Fax: 630-553-3436 <<E Date: August 29, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer �„� L) CC: Mike Roth, City Attorney J Eric Dhuse,Director of Public Works Lisa Pickering,Deputy City Clerk Subject: 202 River Road—Plat of Vacation Attached find a proposed Plat of Vacation and related correspondence regarding a watermain easement located at 202 River Road.When we constructed new watermains across the Fox River in 2006 at King Street,the watermain in the easement at 202 River Road was abandoned. The existing easement is limited exclusively to watermains,and I do not anticipate that we will need to construct a watermain along this alignment in the foreseeable future. One item that I recommend we address prior to vacating the easement is an existing public sanitary sewer located at the same address. This sewer was probably constructed in the 1950's or 1960's, and we have no record of an easement ever being dedicated for the sewer. Complicating matters even further,a garage has since been constructed over the top of the sewer. We have had problems with this sewer, and we may need to replace it within the next several years.I recommend that we obtain a sanitary sewer easement across the property along a mutually agreeable alignment before we vacate the watermain easement. Please place this item on the September 4,2007 Public Works Committee agenda for discussion. 08/27/2007 11 : 54 FAX 630 553 5764 DANIEL J . KRAMER IN02/005 LAW OFFICES OF 1107A SOUTH BRIDGE STREET DANIELJ. KRAMER YORKVILLE, ILLINOIS 60560 KELLYA.KRAMER (630) 553.9500 FAX: (630) 553-5764 August 27, 2007 Bart Olson, Interim City Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 VIA: Fax (553-4377) and U.S. Mail Re: Riemenschneider 202 River Rd., Yorkville, IL Dear Bart: With this letter we would like to formally request that the vacation of a water main Iocated on the above referenced property be placed on the next Public Works Agenda. Please contact my office to confirm the date and time of said meeting. Thank you in advance for your cooperation in this matter. Should you have any questions or wish to further discuss this matter, please feel free to contact me. Very truly yours, Kelly A. Kramer Attorney at Law KAK/lgc 08 / 27/ 2007 11 : 55 FAX 630 553 5764 DANIEL J . KRAMER fa003 / 005 LAW OFFICES OF a�wwfv driamo 1107A SOUTH BRIDGE STREET DANIEL J. KRAMER YORKVILLE, ILLINOIS 60560 KELLYA.KRAMER (630) 553-9500 FAX: (630) 5515764 August 7, 2007 Joe Wywrot Attorney Mike Roth United City of Yorkville United City of Yorkville 800 Game Farm Rd. 800 Game Farm Rd. Yorkville, IL 60560 Yorkville, IL 60560 VIA FAX: 553-3436 VIA FAX: 553-7575 Re: Riemenschneider 202 River Rd., Yorkville, IL Gentlemen: As you may recall we recently sent a letter requesting the vacation of a water main located on the above referenced property. With this letter we are requesting that the matter be placed on the next Public Works agenda, if necessary, or if Staff can simply release the water main that had previously been retired. Please review the enclosed Vacation of Easement and let me know if it is acceptable. I am enclosing a reduced copy of the Plat of Survey for your reference. Thank you for your prompt attention to this matter. Should you have any questions or wish to further discuss this matter, please feel free to contact me. Very truly yours, Kelly amer Atto tLaw KAK/lgc Encl. Cc Attorney Tom Grant 06/ 06/2007 16 : 14 PAX 630 553 5764 DANIEL J . KFAMER 9004/007 LAW OFFICES OF eI/W/i4 40ra ez?4 rw 1107A SOUTH BRIDGE STREET DANIEL J. KRAMER YORKVILLE, ILLINOIS 60560 KELLY&KRANER (W) 553.9560 FAX: (SW) 553-S704 June 5, 2007 Joe Wywrot, City Engineer United City of Yorkville 800 Game Farm Rd. Yorkville, IL, 60560 VIA: Fax (553-8528) and U.S. Mail Re: Riemenschneider to Sahlas 202 River Road, Yorkville, IL Dear Mr. Wywrot: Please be advised that my clients, Scott and Lou Riemenschneider, have entered into a Real Estate Contract to sell the above referenced property to Peter Sahlas. Additionally, please be advised that upon review of the Plat of Survey and the Title Commitment for said property a water easement was granted to the United City of Yorkville in 1959. My clients believe the Tom Grant's office had previously contacted you regarding the vacation of the water main easement. A copy of the proposed Vacation of Easement is enclosed for your review, please review the same and contact my office if there are any necessary revisions. Also, please be advised that both my clients and the Purchaser believe that a sewer line is present on the eastern portion of the property and runs below the flame garage and frame shed which are depicted upon the Plat of Survey enclosed herein. This poses a very unique and complicated situation for both my clients and the Purchaser as it is believed that this sewer line is still currently in use. My clients would be willing to grant the United City of Yorkville a ten foot (10') sanitary sewer easement upon identification of the exact location of the line, but would hereby request that the United City of Yorkville bare the cost of any damage done to the frame garage or frame shed in the event of repairs to the sewer line that interfere with the two (2) structures. Please be advised that my clients hereby authorize you to discuss this matter with Tom Grant and please be advised that my office is copying in Mr. Grant on any and all correspondence regarding the same. 06/06/2007 16 : 15 FAX 630 553 5764 DANIEL J . ERMIER 1@005/007 Joe Wywrot, City Engineer United City of Yorkville Yorkville, II, 60560 June S. 2007 Page 2 Please contact my office at your earliest convenience to further discuss this matter as we are seeking to close the real estate transaction the first week of July, 2007, Very truly yours, Kelly A. Kramer Attorney at Law KAK/lgc Encl. Cc Attorney Tom Grant 08/00/2007 16 : 15 FAX 630 553 5764 DANIEL J . MUM Q006 /007 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) VACATION OF EASEMENT NOW COMES the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", which does hereby vacate the twenty foot (20') wide water main easement granted to the UNITED CITY OF YORKVILLE by document #124570 recorded February 19, 1959 and depicted on the Plat of Survey prepared by Phillip D. Young dated May 24, 2007. Said vacation of the twenty foot (20') wide water main easement shall become effective fi-om the date of execution and recording thereof by the UNITED CITY OF YORKVILLE. UNITED CITY OF YORKVILLE By: Mayor Attest: City Clerk Signed and sworn to before me this day of 2007 Notary Public Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 PLAT OF SURVEY OF PART OF THE NORTHEAST QUARTER OF SECTION 32, T37N—R7E, 3rd PM UNITED CITY OF YORKVILLE KENDALL COUNTY 1WN0IS Seuthreat Comer OF 20 of fha saw. ra". W onynal VIi oaa a 9rNml r.r wee. ae�f r�«i.. ' `� 1�1 1`�• 6 ue• n" r w Oeoarl of I IVER ROAD VOL V r°"'in. Garage Eovss g WIE roma 112' a .. .I Tine _ wr �„� :0, imr s tx. k 1 oon f+,Ye S.a• ~ A - Iresew ae' Gersuw IV w Pur cams ae, t�f0 ex p�r. . zioa� Room otmo aaM ' 1 j S I 52 sores a.w zr w.r a w $ LE 1 "=30' m . I inrzr• s Io: I� �� a • Indicates Iron Stoke Found O Indicates Iran Stake Sel SI E Indicates Line of Fence y(. ! NOTE: This property commonly known as 202 River Road. ' •O " � raa TM.' � �� pa .ww a LEGAL DESCRIPTION: I i3 fy[ xa' X That part of the Northeast Quarter of Section 32, IId V Township 37 North, Range 7 East of the Third Principal Rya 5 Meridian described as follows: Commencing at the B u Southwest Comer of Block 20 of the Original Village of Bristol, thence Southerly, along the Westerly Line g I s` of sold Block 20 extended. 40.0 feet to the Southerly �I I Line of River Road for the point of beginning; thence I w u� Westerly, along the Southerly tine of said River Road, 90.0 feet thence Southerly, parallel with the Westerly Av ' —) '�" r'• ' — - $— Line of said Black 20 exlended,to the Northerly Banki l q I of the Fox River; thence Easterly, along said Northerly Bank, to the Westerly Line of acid Block 20 extended Southerly; thence Northerly, along said extended Westerly Line of Block 201 to the point of beginning 1 ( ? in the Village of Yorkville (formerly Bristo:), Kendal: County, Illinois. 1 la' I 90.02' cw,seniv. M 20'-rNe sanimry Sewer State of Illinois rseammt 9mee.a to y~o-9rktel Fox River Swiovy awtrkt k7 ae<wnaat 124714 S$ nomad March k 1959 County of Kendall ) 1, Phillip D. Young, an Illinois Professional Land Surveyor and an officer of Phillip 0. Young and Associates. Inc., slate that I have surveyed and located the visible improvements , uppq the above; deacrioed tract as shown by lFle plat hereon drown which ie o representation of said a.lrvey. This prefCisio ice conforms to the current Ilinois minimum standard for a boundary survey. _ D Bated May 24, 2007 at Yorkville, Illinois `F ""mclysovi'�.v'G gr artaer!at C xvmam PNIBa D. Yearn V 0 Co. Reviewed By: Agenda Item Number J T Legal ❑ 1`l� ,u ( ,l jl✓Its 1836 EST. , Finance ❑ Engineer ❑ Tracking Number O C� ri y City Administrator ❑ 9 ass° �O Consultant ❑❑ PW 2007-143 <<E Agenda Item Summary Memo Title: Committee Liaisons Appointments Meeting and Date: Public Works Committee 9/4/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: �2•,��00 C1r o United City of Yorkville Memo a " 800 Game Farm Road EST. _ 1836 Yorkville, Illinois 60560 � I�` Telephone: 630-553-4350 09 Fax: 630-553-7575 LE Date: August 31, 2007 To: Public Works Committee From: Meghan Gehr,Administrative Assistant RE: Committee Liaisons Appointments Per Section 4.E. of the Governing Ordinance, members of each standing committee are asked to serve as liaisons to other city organizations that fall under that committee's area of business. The Public Works Committee should appoint its members to serve as liaisons for the following organizations: • Park Board • YBSD I Reviewed By: Agenda Item Number J� P, T Legal El NJ (',S � j EST. 1 �1836 Finance � (2�1�� Engineer Tracking Number Q y City Administrator ❑ S �O Consultant ❑ PW 2007-108 El LE Agenda Item Summary Memo Title: In-Town Road Program—Phase 3 Meeting and Date: September 4, 2007 Public Works Committee Synopsis: These 21 streets are proposed for consideration in Phase 3 of the In-Town Road Program should Phase 3 be funded. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Discussion and consensus regarding scope of Phase 3 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 2`�w ciT o United City of Yorkville Memo Q " 800 Game Farm Road Esr , ®ie36 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <ILE it Date: August 28,2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer h�-e Lo CC: Eric Dhuse,Director of Public Works UUv Lisa Pickering, Deputy City Clerk Subject: In-Town Road Program—Phase 3 Attached find a map showing the streets I recommend for consideration for Phase 3 of the In-Town Road Program should a Phase 3 be constructed. The streets are summarized below: 1) W. Spring Street-Rt.47 to Church Street 2) Church Street—Somonauk to River Road 3) River Road—Rt.47 to King Street. A project to replace the River Road Bridge over Blackberry Creek would he funded and constructed separately. 4) Tower Lane—I recommend that the city assume ownership of this private driveway and reconstruct it to city standards. 5) Worsley Street—E.Main to dead end near Gawne Lane 6) Gawne Lane—E. Main Street to city limits. I recommend that the city assume ownership of this private road and reconstruct it to city standards. We should also consider extending it to Bruell Street someday to eliminate the dead-end condition. 7) Hydraulic Avenue—Morgan Street to dead-end 8) Madison Street—Morgan Street to Madison Ct. 9) Madison Ct.—Madison Street to dead end 10)Ridge Street—S. Main Street to dead end west of Morgan 11)Ridge Street,Jefferson Street, and Madison Street, all east of S.Main Street—We should consider reconstructing these streets in a way that compliments the historic courthouse. 12)S. Main Street—Madison to Fox 13)W. Washington Street—Rt. 47 to Morgan Street 14)Orange Street—S. Main Street to Adrian Street 15)Morgan Street—Fox Road to W.Dolph Street 16)E.Ridge Street—Mill to dead-end 17) Fox Street — Bell Street to Mill Street 18) Bell Street — Fox Street to YNB parking lot 19) Heustis Street — Fox to Orange 20) E. Washington Street — Mill to Heustis 21) Mill Street — Washington to Rt. 126. This project should include a re-alignment at Rt. 126 to match Colonial Parkway. I have not placed McHugh Road (Walnut to Somonauk) or Palmer Court on this list because these streets are proposed for repairs as separate projects in 2008. Please place this item on the Public Works Committee agenda of September 4, 2007 for discussion. CO United City of Yorkville Memo Public Works Department EST. 1 `.: 1836 800 Game Farm Road Yorkville, Illinois 60560 Telephone : 630-553 -4370 Fax: 630-553 -4377 Date: August 20, 2007 To: Joe Wywrot, City Engineer From: Eric Dhuse, Director of Public Works CC: Bart Olson, Interim Administrator Subject: In-Town road program phase 3 Joe, Here is my list of streets that I feel should be on the list for repairs for the phase three of the In- Town program. 1 . McHugh — East Main to Walnut. Grind/patch and overlay 2. Fox — Rt. 47 to White Oak Way. Grind/patch and overlay 3 . Church St. — River St. to Somonauk St. Repair street, add storm sewer. 4. Mill St. — Rt. 126 to Washington St. Repair street 5 . West Ridge St. — South Main to Dead End. Repair street, add storm sewer, replace water main. 6. South Main St. — Madison to Fox. Repair street 7. Morgan St. — Fox St. to Dolph St. repair street 8. Gawne Lane — repair street 9. Worsley — repair street 10. River St. — Rt. 47 to Blackberry Creek Bridge 11 . West Spring St. — Rt. 47 to Church 12. Washington St. — Mill to Morgan As an alternate to this approach, the City could look at completing one entire section of town at a time. This way, all of the streets in one section could be repaired at once instead of continually working in one section of town year after year. N 9 e John St ,. tj m HillcrastAve I E Veterans P / Independence Leisure St .+ Pkwy ML I i ` Pleasure p� d f 01 a a� I� E a � s d 0 Conover Ln LL Georgeanna St I y m Land k Av e e o Heart\�. a v 1 ;mar e � � Or �� mss` C',G� S/ EI m a Merits Haley. - estea Dr Ct a it -- Walnut St 0.9e ;.„ I u : Jackson St ' ArroWh ad Dr r _ CiearwaterDr Appletree Ct G i , Victoria OF, O� $ E Elm St n Ave Kale : . sus C I` m E Park St D Marie /� I S Ave -°i �Re Or od, : \ W9omonauk St It°- in / 3. r C^oe J( a E Spring St E -� Auburn D @°� River Rd �..".M , E e--r, t a M, t i Y h Y v� � v. � 3: - Behrens St m'r W E Main St J . 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W d� \al sot Ct , Legend d In Town Road Program '°"� S ose 3 Wa ingsmilts� tea`° In Town Road Program � � t)raytoo / °?!Phase 1, 2005 � j: July 31 , way 2007 ommyHughes em°O/, s 4° ~hase 2, 2007 m.r �� Ghat Cl,,, Reviewed By: Agenda Item Number J� T Legal ❑ ;{�� Finance ❑ � GA sSw�e S�, EST. =\` 1836 Engineer ❑ Tracking Number 'O �� fei City Administrator ❑ Consultant ❑ U�i ?bb 7 — 13 I <LE Agenda Item Summary Memo Title: Reimbursement for Dutch Elm Disease Trees Meeting and Date: Public Works Committee 9/4/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: Public Works Director Dhuse has requested that the current City Code regarding the removal of trees affected by Dutch Elm Disease be reviewed and possible revisions regarding the cost of removal to residents discussed. 4-2A- 1 4-2A-2 CHAPTER 2 PLANTS AND WEEDS ARTICLE A. DUTCH ELM DISEASE SECTION : 4-2A- 1 : Nuisances Declared 4-2A-2: Notice to Abate; Duty of Owner to Remove or Burn 4-2A-3: Abatement by City; Costs 4-2A-4: Duty to Report Existence of Diseased Trees 4-2A-5: Bringing Elm Wood into City 4-2A-6: Entry Powers 4-2A-7: Penalties 4-2A-1 : NUISANCES DECLARED: A. Dutch Elm Diseased Trees: Any elm tree infected with Dutch elm disease , as determined by laboratory analysis, is hereby declared to be a public nuisance and subject to abatement as such ; and it shall be unlawful for any person, being the owner of property whereon such a tree is situated to possess or keep such a tree after notification of the discovery of said infection. B. Dead Trees: Trees or parts thereof in a dead or dying condition that may serve as a breeding place for the European elm bark beetle, Scolytus Multistriatus, are hereby declared to be public nuisances, and it shall be unlawful for the person owning property whereon the same is situated to possess or keep the same. (Ord. 1958-40, 6-12-58) 4-2A-2: NOTICE TO ABATE; DUTY OF OWNER TO REMOVE OR BURN: A. The Superintendent of Public Works or his representative shall give to the owner of the premises where the public nuisances described City of Yorkville 4-2A-2 4-2A-5 in Section 4-2A- 1 of this Article are found a written notice of the existence of such nuisance, which notice shall require the removal and burning of the same within ten ( 10) days following such notice, such removal and burning to be under the direction and supervision of the Superintendent of Public Works or his representative; and it shall thereupon become the duty of such owner to abate such nuisance. The said notice shall also notify the owner of said premises that unless such nuisance is removed and burned in compliance with the terms thereof within such ten (10) day period, the City will proceed with the removal and burning of such nuisance and assess the owner for fifty percent (50%) of the cost of removal and burning. B. Service of such notice as hereinbefore referred to shall be by personal service where the owner of said premises may be found in the City. Where the owner is a nonresident of the City or upon reasonable diligence cannot be found or located within the City, said notice shall be served by registered mail , addressed to said owner at his last known address. (Ord . 1958-40, 6-12-58; 1994 Code) 4-2A-3: ABATEMENT BY CITY; COSTS: If such owner shall neglect to abate such nuisance and cause the removal and burning of such tree as hereinbefore provided, that it shall be lawful for the City, by its agents, servants or independent contractors engaged by such City, to go upon such property to cut down , remove and cause the burning of such nuisance and to spray (either before or after such removal) an area of one thousand ( 1 ,000) square feet surrounding such nuisance , and the owner shall be assessed the sum of fifty percent (50%) of the cost of such removal and burning by the City. (Ord. 1958-40, 6- 12-58; 1994 Code) 4-2A-4: DUTY TO REPORT EXISTENCE OF DISEASED TREES : It is hereby made the duty of any person in the City to report to the City Clerk the existence of any diseased elm tree of which such person has knowledge . (Ord. 1958-40, 6- 12-58) 4-2A-5: BRINGING ELM WOOD INTO CITY: It is unlawful for any person to bring into the City any dead or dying elm limbs, branches, stumps or wood ; and any cord wood, firewood or timber brought into the City shall contain no elm wood . The Superintendent of Streets or his representative may stop any person from bringing such wood into the , t City of Yorkville 4-2A-5 4-2A-7 City and , if necessary, abate said nuisance by causing the removal and burning of such wood . (Ord . 1958-40, 6-12-58) 4-2A-6: ENTRY POWERS : It is lawful for the City, by its agents, servants, employees or independent contractors engaged by the City, to go upon any private property in the City for the purpose of examining elm trees to detect a diseased condition , for the purpose of removing a small portion of any branch as a sample to be transmitted to a laboratory for tests, for the purpose of spraying any elm tree and for the purpose of removing any elm tree. (Ord. 1958-40, 6-12-58) 4-2A-7: PENALTIES: Any person violating any of the provisions of this Article shall be fined as provided in Section 1 -4- 1 of this Code. Imposition of any penalty for a violation of this Article shall not be construed as a waiver of the right of the City to collect the costs of removal of such nuisances in accordance with the provisions of this Article, where it is necessary for the City to remove such nuisances in accordance with the provisions hereof. (Ord. 1958-40, 6-12-58; 1994 Code) City of Yorkville