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Committee of the Whole Packet 2007 11-13-07 ,`ti,D Clry United City of Yorkville 800 Game Farm Road EST `=, 1838 Yorkville, Illinois 60560 ® Telephone: 630-553 -4350 =o Fax: 630-553 -7575 <tE AGENDA COMMITTEE OF THE WHOLE Tuesday, November 13, 2007 7:00 p.m. City Council Chambers Presentations: 1 . Donation from Yorkville Moose to the Parks and Recreation Department 2. Comprehensive Plan Update by Anne Lucietto 3 . Low Impact Development: Research on Green Alternatives for Stormwater Management by Laura Haake Detail Board Report (Bill List) : Items Recommended for Consent Agenda: 1 . ADM 2007-88 Monthly Treasurer's Report for September 2007 2. ADM 2007-89 Annual Treasurer's Report for FY 2007 3 . ADM 2007-98 Risk Management Annual Bill 4. PW 2007- 153 Water Department Report for July 2007 5 . PW 2007- 154 Water Department Report for August 2007 6. PW 2007- 158 Raintree Village Units 1 - 6 — Letter of Credit Reductions 7. PW 2007- 160 In-Town Road Program — Sidewalk Easement Agreement 8. PW 2007- 165 Speedway Station — Storm Sewer Replacement 9. PW 2007- 166 Autumn Creek Unit 1 — Bond Reduction No. 1 10. PW 2007- 167 Kendallwood Estates — Offsite Easement 11 . PW 2007- 168 Game Farm Road/Somonauk Street — Plat of Highways Addendum # 1 and MITT Appropriation Resolution 12. PW 2007- 172 Gruber-Kostel Dental Office — Release Letter of Credit 13 . PW 2007- 175 Yorkville Market Square — Letter of Credit Reduction # 1 Committee of the Whole November 13 , 2007 Page 2 Items Recommended for Consent Agenda (con't): 14. PW 2007- 176 Grande Reserve Unit 23 — Sitework Letter of Credit Reduction # 1 15 . PW 2007- 177 Autumn Creek Unit 2 — Plat of Easement 16. PW 2007- 178 Wells 3 & 4 Treatment Facility — Change Order #5 17. PW 2007- 157 Well No. 4 Rehabilitation — Sole Source Contractor 18 . PW 2007- 161 In-Town Road Program — Proposed Addendum # 1 for Engineering Services 19. PW 2007- 174 Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction #1 20. COW 2007-40 Proposed Amendment to the Downtown Yorkville TIF Project Area Which Removes Parcels 21 . COW 2007-41 Requests for Sponsorship Recommended by the Human Resource Commission a. Mutual Ground, Inc. b. Bristol Kendall Fire Department Fireworks c. DeKalb, Kane South, and Kendall Counties, Inc. Baseball d. Salvation Army Golden Diners e. Kendall County Health Department "Share Your Blessing Program" 22. COW 2007-42 Approval of Historical Street Name — Rita Murphy 23 . COW 2007-43 Set Public Hearing Date on Estimated Tax Levy Park Board: 1 . No Report, Economic Development Committee: 1 . PC 2007-22 B & P Properties — Amended Annexation Agreement and Rezoning Public Works Committee: 1 . PW 2007- 134 Proposed Wetland Ordinance 2. PW 2007- 162 Route 34/Sycamore Intersection Improvements — Agreements Public Safety Committee: 1 . No Report. Administration Committee: 1 . ADM 2007-99 Discussion on Returning to Old Committee Structure Additional Business: UNITED CITY OF YORKVILLE WORKSHEET COMMITTEE OF THE WHOLE Tuesday, November 13, 2007 7 :00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- PRESENTATIONS: --------------------------- ---------------- -------------------------------------------------------- ------------------------------- 1 . Donation from Yorkville Moose to the Parks and Recreation Department 2. Comprehensive Plan Update by Anne Lucietto 3 . Low Impact Development: Research on Green Alternatives for Stormwater Management by Laura Haake --------------------------------------------------------------------------------------------------------------------------------------- DETAIL BOARD REPORT BILL LIST): -------------------------------...........------------------------...........------.........................----...................... - ❑ Moved forward to CC ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ITEMS RECOMMENDED FOR CONSENT AGENDA: ------------------------ -------------- ------------ -------- ---------------------------------------- - - 1 . ADM 2007-88 Monthly Treasurer's Report for September 2007 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------------------ --------------------------------------------------................. ---------------------------------- 2. ADM 2007-89 Annual Treasurer's Report for FY 2007 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ----------------------------- -------------- ---------------------------- -------------------------------------------- --------------- 3 . ADM 2007-98 Risk Management Annual Bill ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2007-153 Water Department Report for July 2007 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2007-154 Water Department Report for August 2007 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ----------------------------------- --------------------------------------------------------------------------------------------------- 6. PW 2007- 158 Raintree Village Units 1 -6 — Letter of Credit Reductions ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes -------------------------------------------------------------------- ------------------------------------------------------------ 7. PW 2007- 160 In-Town Road Program — Sidewalk Easement Agreement ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2007-165 Speedway Station — Storm Sewer Replacement ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2007- 166 Autumn Creek Unit 1 — Bond Reduction No. 1 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2007-167 Kendallwood Estates — Offsite Easement ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------ ---------------- ---------------------- ------------------------------------------- - --------------- 11 . PW 2007- 168 Game Farm Road/Somonauk Street — Plat of Highways Addendum #1 & Resolution ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 12. PW 2007- 172 Gruber-Kostel Dental Ofice — Release Letter of Credit ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------------------- -------------------------- ------------ ------- ------------------------------------------------------ 13 . PW 2007-175 Yorkville Market Square — Letter of Credit Reduction #1 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------ ---------------- ------------------------ ------------------------------------------------------------ 14. PW 2007-176 Grande Reserve Unit 23 — Sitework Letter of Credit Reduction #1 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 15. PW 2007-177 Autumn Creek Unit 2 — Plat of Easement ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------------- ----------------------------------- ------------------------------------------------------------------------- 16. PW 2007-178 Wells 3 & 4 Treatment Facility — Change Order #5 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------- -------------------------- --------- --------------------------------------- -------------------------------- 17. PW 2007-157 Well No. 4 Rehabilitation — Sole Source Contractor ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 18. PW 2007-161 hi-Town Road Program — Proposed Addendum #1 for Engineering Services ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 19. PW 2007- 174 Cannonball Estates — Storm Sewer Final Acceptance and LOC Reduction #1 ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 20. COW 2007-40 Proposed Amendment to the Downtown Yorkville TIF Project Area Which Removes Parcel ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------------------------------------------------------------------------------------------------------------------ --------- 21 . COW 2007-41 Requests for Sponsorship Recommended by the Human Resource Commission a. Mutual Ground, Inc. ❑ Moved forward to CC consent agenda b. Bristol Kendall Fire Department Fireworks ❑ Moved forward to CC consent agenda c. DeKalb, Kane South, and Kendall Counties, Inc. Baseball ❑ Moved forward to CC consent agenda d. Salvation Army Golden Diners ❑ Moved forward to CC consent agenda e. Kendall County Health Department "Share Your Blessing Program" ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ------------------------------------------------------------------------------------------------------------------------------------------- 22. COW 2007-42 Approval of Historical Street Name — Rita Murphy ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes ---------------- -------------- ----------------------------------------------------- ------------------- ------------------- 23 . COW 2007-43 Set Public Hearing Date on Estimated Tax Levy ❑ Moved forward to CC consent agenda ❑ Bring back to Committee/future meeting ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE: ----------------------------- ----------------------- ------------------------------------------------------ - 1 . PC 2007-22 B & P Properties — Amended Annexation Agreement and Rezoning ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE: ------------------------- ------------------------- ------ ------------------------------- ------------------------------ 1 . PW 2007- 134 Proposed Wetland Ordinance ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ---------------------------------------------------------------- -------------------------------- -------------------- -------------- 2. PW 2007-162 Route 34/Sycamore Intersection Improvements - Agreements ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE: -------------------- -------- ------------------ ----------- -------------------- --------------------------------------------- 1 . ADM 2007-99 Discussion on Returning to Old Committee Structure ❑ Moved forward to CC Consent Agenda ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes ------------------------------------------------------ -------------------------------------------------- ----------------------------- ADDITIONAL BUSINESS: ---------------------- -------------------------- ------------------------------------------------------------------ ----------------- BILL H r ti m t` oo m ai o o 0 0 r m oa+ o o. nn o o oo H r ri rl t0 N l0 O N N m m m O O O O O O O : � r l0 l0 O W O O r1 r-1 r N N O N O m O n N W Q r r m H H W dr H N N N Ur I r-1 N N m O O O E r H I i-1 w � r A r .7 •. n .] •• o � .7 0 � o ry o � LI.�� I \ F \ E Q \ E Q \ H Q \ H \ H q r m O m O H m O H m O H m O m 0 m O H H H •+ E o H O H O H E H H H F O W r \ \ E \ H \ H \ \ \ F W H U 0 04 0 H U H U H V .i u W H H O H O H O H H H O O O P 00 0 P O O O P z z w z z z W > z � z z z w z w z w z z z w H H 'J H > N m m m m m m m p r N w N N N O U O O O O O O w a W a O N xr N N N m H m F m • w Q m m m n N O N O N + N E N N N O rx Ix rm rN rm o O o o H N o r o r o 2 00 0 o a 00 o a W \ r r W r H r a r a r a a t+t ik N U N z dr x z N 7-r t0 E 0 b Q t0 Q N Q N Q H E \ H r H O P4 x p rl D r N W N W N O O 0.4 O w O 0.4 W a O r H x H x N UI * O H O W O W O W r O W W V r W r a r W • r a r F r E r F N a x u r H Q H Q O Q r o g o g o q 00 N 3 N 3 N 3 W P W p rx � r N it O \ r rD H W O r k W u H W r E w m N N W E A r H 4 H w W W H P VI W H 4Y a s a H z W H 0 o w x H a a a ? 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(y Q O) M N N r� (O m 'd; M M 00 %qT J C O.. ® O N Ni r r 7 (O r- O d' LO a w O N r r 00 r r r to r N r N J N f.- (» 69 ul 6r3 ER 6F3 (A (A 69P EA N J U w f�+ 00 0 ei.L U �✓ }, NO O O 0O V O 0 a Z W ) 0 0 O O 0 w M O O O O O 6 N O O O O O a L® O ER fA M N to ffl EA lA 64 M J � J J N � v aUaa II®- w (fr (e� 6c.� F— W F— F— Z O O J O O r O N N N 'd' M O O d' r� LO O M O M M O M M r O LO m V M N 0 (0 w N CA r 00 CO O M O Q N M' N N M N M LO W CO r O O J 00 M r 0) r� M 1� V M CO 00 r O N q7 CO r r N r r r (A r N r N W ER b) Ff3 V} fA K} ER (fl EA N J Z > F-- O Z O J w W Z N Q _ H Z LL Z Z U W W W Y Q S` Z Z O J W Q W Q W m Q J CL W C. OU U) (A C. J ♦,'fcD C/J.y Reviewed By: Agenda Item Number J� _0 T Legal ❑ 1836 Fl EST. Engineer ❑ Tracking Number p City Administrator ❑ Consultant ❑ ❑ ADM 2007-88 <CE \V� Agenda Item Summary Memo Title: Monthly Treasurer's Report Meeting and Date: COW/CC—November 13, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewski Finance Name Department Agenda Item Notes: N N O 00 0 0 b b N M O O O N G\ 0 0 0 0 O y u l� b O b O O N M o0 �O O l6 O b vi O M M b W W W O b OM O N r q. W p� l� b N .•� •-• M V vt �D O O N A N b O h a7 r W O O vl N M O N -i O DO N m vl T N .• �D vl �n .. O C O vl t� V °O p W vi r w o d u r b O b O O N �n 00 b O t� O b Vl O >' O O � O V ; W O O W W vl Z w ? u M b � m cp .� .-• 00 �D l� r � b y O � � Q F W .� O vi O vi l� W t� D\ N - O O .-. W .-• T �D U .t_.. D M b vl } d h b N r- M M 0V 0 b d 00 O b b b MP M N h c4 M P N P b O <6 00 K b 00 Vl T N o0 M N d' V N Vl b d .�+ ry � � M O y r M .• I� . M r .N- N c w N rn cr u rn r o C h m d � � C C N m M V oo b �. U d' cl m 'O M �O � N 1� � n M M .-• W N W N O = N w � •u rQ L M 0 0 0 0 0 0 N O O M � O � X 0 0 0 N � � Q O u b d' b r r oo M N 0o0 o C N m 00 oo ,o 44 M b y UL W ❑. d % .-. N M N O .-• �D b � � 3 .S H N O w O y u d n — r a o0 00o vi o oo b o `! dr a ro L 06 O <T .�.^ h o cr\ i0" oo r c 0 o" Ni b Vi W y N N pp d o0 C V cp —� 0\ V O O M M " Q\ .N. ^ O M vt O N h O G b vii v N r M N v M y h O ^ W O ti 9 m m V vi N � li o s v C � a m d Y0C U U v o A o Q 3 � 0 2 0 0 3 C-5 wa o 3ca3v a � w 'awc � F F a `,�1�0 C/p. Reviewed By: Agenda Item Number J= c 0 Jill -6 Legal El r'i r EST. � 1836 Finance ❑ 1 Engineer El Tracking Number City Administrator ❑ El Consultant ❑ ADM 2007-89 <LE y Agenda Item Summary Memo Title: FY 07 Annual Treasurer's Report Meeting and Date: COW/CC—November 13, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewski Finance Name Department Agenda Item Notes: Y N N 7 ^ M In 7 M O) 0 M Q- C Lfj r d' N C r LL IMO �j co t� N O W h- Q R 3 G fn C Q Y N O N N O N N O co 9 M N co Irp Or 0 'a� N Ili LL M O N � N Q C U .0 c � m o m L M T O W U 0 W p @ p_ CJ 0 O Lb o w a O M N Ln c ` 4 (n 7 O (fl tp O T N N N .. LL 0 V o O U .L.. L... M Vi `o O_ U c a' T E N O 'o f/y r G/ O •� r M r O L N Y Q: U m ti ✓N co N O co n p � O L O R O m e to o a rn rn w o O 3 d L j O y » (» er G M ca N p . N R N c rn j M o ro U > T co O d — 0 U.c a tO v (+r'i o } Q E W (O ^ N Lo M 0 Y C fA o J } U C 7 O p U) o W 0 to N N Td LL r 7 (V N 00 l0 O) N W o T ^ .n 'O d W O N O)M M p Y Y p O) LO r r fA 16 } v O L p N � U 0 L � L 0 0 N N N U `OF � O Y O o N a N N U C 2 C CL N j r p m (n (p N 1n N ID C C w EO } LL O w C V 3 3 M N N N co N O a. N C U p a a E C c ' m m m o N w a w W (L Z LL U) U PAYROLL : 0 . 01 TO 24 , 999 . 00 AMENT , BEVERLY ; ANDRES , RONALD ; ARENTSEN , DALE ; AUGUSTINE , SHELLEY ; . AUW ; KATHLEEN ; BACH , SUSAN ; BAHR , NANCY ; BAKER , STEVEN; BALDINE , TAMMY ; BALDWIN , JERRY ; BARRY , ASHLEY ; BATTLE , BETTYE ; BAUMGARDT , CAROL ; BAZAN , BETH ; BAZAN, JEAN ; BEACH , CHARLES ; BECK, ERIC ; BECKER, CHRISTOPHER ; BESCO , JOSEPH ; BETTENHAUSEN , STEVE ; BISHOP , VILIJA ; BOCK, JAMES ; BRADSTREET , PATRICIA ; BREYNE , DONNA ; BROWMANN, BRETT ; BROWN , ANDREW; BROWN, ASHLEY ; BROWN, DAVID ; BURD , VALERIE ; CALHOUNT , TIMOTHY ; CAMPBELL , MICHELLE ; CARTER, SCOTT ; CIESLA, JULIE ; DANCA , KELSEY ; DAVILA , LIZMA.RIE ; DAVISON , STEPHEN ; DELPRETO , MELISSA ; DILLON , SALLY ; DOCKSTADER , KELLI ; DOCKSTADER, RYAN; DODD , HANNAH ; DREW , MIKE EBERHARDT , MARIANNE ; ELSA HAMM , ARLEEN ; ELWOOD , BEN ; ESSEX , JANET ; FELDOTT , MATTHEW ; FRAZEE , VINCENT ; GARBELMAN , MARY ; GARDNER , MARY JO ; GEHR , MEGHAN ; GOSS , VIRGINIA; GRAFF , JUSTIN ; GREZLIK , CATHY ; GRIESMANN , KEN ; GRYDER , KATIE HAGEMAN , HANNAH ; HAGEMAN, JON ; HAKE , ADAM ; HAKE , BRETT ; HEFFERAN , KRISTINA ; HIRTZEL , KRISTI ; HOUGHTON, ANDREW ; HUDETZ , MAX ; IVINS , ELIZABETH ; IWANSKI , SHARYL ; JAMES , PAUL ; JOHNSON KAWSKI , LYNSEY ; JOHNSON, ALYSON ; JOHNSON , DOREEN ; JONES , ALEX ; KASTAK, KATHY ; KEPKA, GREG ; KETCHMARK , MATTHEW ; KLIMEK , DANIELLE ; KNUTSON , JOAN ; KOVACS , RICHARD ; KRUEGER , RACHEL ; KULPIT BIALEK, MADONNA ; LEJA , NICOLE ; LENERT , GINGER ; LESLIE , JASON ; LINDBLOM , THOMAS ; LIVINGSTON , KAY ; MANNING , BARBARA ; MATLOCK, JOANNE ; MAYOR , SHERRILL ; MILSCHEWSKI , JACQUELYN ; MINOR ALLEN , MICHELE ; MINOR , ALLAN ; MOHLER , DEBI ; MUNNS , MARTIN ; NAWA, STEVEN ; NEVILLE , ANNE ; NIESEN, CATHERINE ; NORMAN , JEANNIE ; NOWLIN , JERRY ; O ' LEARY, MARTIN ; OLSEM , PAMELA; PAGE , DALE ; PFIZENMAIER , BEHR ; PODSCHWEIT , GEORGE ; PODSCHWEIT , GEORGE ; POWELL , WILLIAM ; '.. PREDY , BARBARA ; PROCHASKA, ARTHUR ; REEDUS , AMBER ; REESE , ANNETTE ; REISINGER , LISA ; ROBBINS , KATIE ; ROBINSON , RONALD ; RUNKLE , JULIA; SAUER , MARJORIE ; SAVIELLO , MATTHEW ; SCOTT , WILLIAM ; SKIDMORE , LINDSEY; SPEARS , ROSE ; SPURLOCK, RALPH ; STEWART , JOHN ; TERRY , ROGER ; UNDERWOOD , AMANDA ; VAN CLEAVE , '.. VIANNE ; VAN VLIET , DENISE ; WHEELER , ELIZABETH ; WHITE , KENNETH ; WICKS , CAROL ; . WILHELMI , REBECCA; WILKINSON , PEGGY ; WOLF , AMY ; WOLFER , DEAN ; WYETH , JOHN ; YABSLEY , FRANK ; YABSLEY, JENNA ; YABSLEY , KRISTA; PAYROLL : 24 , 999 . 01 TO 49 , 999 . 00 ACKLAND , JEFFREY ; ALWOOD , ANGELA ; BAHR , LORRIE ; BARKLEY, WILLIAM ; BATTERSON, MOLLY; BLEDSOE , JACOB ; BUSCH , DARRELL ; COLLINS JR , ALBERT ; DEBORD , DIXIE ; DYON , JUDY ; EVANS , TIMOTHY ; FAY , MICHELLE ; FELTES , RITA; FINCHAM , KATHRYN ; . FISCHER , JENNIFER ; GATLIN , JOSEPH ; GAWRYCH , KRISTOPHER ; GOLDSMITH , RYAN ; GRAFF , CHARLES ; HAAKE , LAURA; HENNE , DURKEN ; HOPKINS , SHAMIM ; HORNER , RYAN ;. HOULE , ANTHONY ; JACKSON, JAMIE ; KANAN, LEANN ; KASPER , DENISE ; KOLOWSKI , TIMOTHY ; KUBICZ , SHIRLEY ; LARRABEE , RACHEL ; LAWRENTZ , KEVIN ; MEDINA, TONY; MILEWSKI , JENNIFER ; PICKERING , LISA; REISINGER , BARBARA; ROBINSON , MICHAEL ; SCHWICKERATH , CLINT ; SCODRO , PETER ; SENG , MATTHEW ; SMITH , AIMEE ; SPIES , GLORY ; WATERS , MICHAEL ; WEBER , GREG ; WEBER , ROBERT ; WILLIAMS , ANNETTE ; , . WUNDER , CHARLES ; PAYROLL : 49 , 999 . 01 TO 74 , 999 . 00 - BEHRENS ,. BRETT ; BEHRENS , DAVID ; BOZUE , STEVEN ; CALVERT , GLENN; CERNEKEE , SARAH ; DELANEY , DAVID ; DIEDERICH , RONALD ; GROESCH , BARRY ; HART , RICHARD ; . HART , ROBBIE ; HELLAND , JONATHON ; HILT , LARRY ; JELENIEWSKI , ANDREW ; JOHNSON , . JEFFREY ; KLINGEL , TERRY ; MCMAHON , PATRICK ; MIKA, SUSAN ; MIKOLASEK , RAYMOND ; MOORE , JOE ; MOTT , STACEY ; OLSON, BART ; PFISTER , MICHAELEEN ; PLECKHAM , DANIEL PRESNAK, JAMES ; SIBENALLER , GREGORY ; SLEEZER, JOHN ; SLEEZER , SCOTT ; STROUP , SAMUEL ; SWITHIN , SUSAN ; PAYROLL : 74 , 999 . 01 TO 99 , 999 . 00 _ CROIS , JOHN ; DHUSE , ERIC ; MILLER , TRAVIS ; MOGLE , DAVID ; SCHWARTZKOPF , DONALD ; SORENSEN , BRIAN ; WYWROT , JOSEPH ; PAYROLL : 99 , 999 . 01 TO 124 , 999 . 00 MARTIN , HAROLD ; TOTAL 4 , 634 , 121 ; LIABILITY AFLAC 7 , 319 ; ING LIFE INSURANCE & 48 , 843 ; IL STATE DISBURSEMENT UNIT 28 , 559 ; EMPLOYEE BENEFITS 12 , 345 ; UNITED STATE TREASURY DEPT 1 , 265 , 450 ; IL F . O . P . LABOR COUNCIL 7 , 893 ; EMPLOYEE BENEFITS 20 , 015 ; ILLINOIS DEPARTMENT OF REVENUE 129 , 364 ; IMRF REPAYMENT 265 ; IL MUNICIPAL RETIREMENT FUND 342 , 139 ; - - UNITED CITY OF YORKVILLE 1 , 004 ; ANNUITY PREMIUM RESERVE 910 ; UNITED CITY OF '.. YORKVILLE 3 , 452 ; POLICE PENSION FUND 154 , 552 ; PRE - PAID LEGAL SERVICES 723 ; TOTAL 2 , 022 , 833 ; '.. UNITED CITY OF YORKVILLE RECEIPTS FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 GENERAL FUND ROAD CONTRIBUTION FEE : 850 , 661 . 00 IN TOWN ROAD PROGRAM FUNDING 2 , 763 , 074 . 92 . RESERVE FUND BALANCE 51184 . 50 REAL ESTATE TAXES 1 , 319 , 394 . 91 TOWN ROAD/BRIDGE TAX 99 , 155 . 41 FOX HILL LEVY REVENUE 18 , 204 . 23 PERSONAL PROPERTY TAX 20 , 233 . 22 STATE INCOME TAX 11187 , 292 . 60 MUNICIPAL SALES TAX . 2 , 934 , 185 . 35 STATE USE TAX - 145 , 025 . 94 MUNICIPAL UTILITY TAX 463 , 480 . 35 UTILITY TAX - NICOR 232 , 615 . 94 UTILITY TAX - CABLE TV 138 , 526 . 84. UTILITY TAX - TELEPHONE 448 , 351 . 14 HOTEL TAX 19 , 084 . 75 LIQUOR LICENSE 15 , 690 . 95 BUILDING PERMITS 1 , 278 , 671 . 69 FILING FEES 9 , 859 . 60 . GARBAGE SURCHARGE 248 , 024 . 40 COLLECTION FEE - YBSD 32 , 915 . 60 DEVELOPMENT FEES 11153 , 125 . 10 ENGINEERING CAPITAL FEE 38 , 900 . 00 TRAFFIC FINES 83 , 379 . 17 MISCELLANEOUS INCOME 16 , 286 . 68 . COPS GRANT - VESTS 51280 . 00 . BEAVER ST DEVELOPMENT GRANT 222 , 539 . 67 INVESTMENT INCOME 153 , 890 . 07 TRANSFER FROM WATER OPERATIONS 250 , 000 . 00 TRANSFER FROM SEWER MAINT 70 , 000 . 00 - TRANSFER FROM SAN . SEWER IMPR 150 , 000 . 00 TRANSFER FROM WATER IMPROVE . 200 , 000 . 00 . TRANSFER FROM LAND CASH 16 , 000 . 00 REVENUE COLLECTIONS UNDER 5 , 000 . 00 16 , 845 . 30 . TOTAL $ 14 , 625 , 879 . 33 . MOTOR FUEL TAX CARRY OVER BALANCE 505 , 226 . 00 MOTOR FUEL TAX ALLOTMENTS 307 , 042 . 54 MISCELANOUS INCOME 11 , 806 . 00 INVESTMENT INCOME 24 , 062 . 44. TOTAL $ 848 , 136 . 98. MUNICIPAL BUILDLING . UNITED CITY OF YORKVILLE RECEIPTS FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 MUNICIPAL BUILDLING - DEVELOPMENT FEES - BUILDING 79 , 350 . 00 BEECHER RENTAL FEE 12 , 100 . 00 TRANSFER FROM GENERAL FUND 64 , 647 . 00 TRANSFER FROM LAND ACQUISITION 13 , 618 . 00 REVENUE COLLECTIONS UNDER 5 , 000 . 00 - 208 , 136 . 00 TOTAL $ 38 , 421 . 00 POLICE EQUIPMENT CAPITAL CARRY OVER -WEATHER WARN SIREN 165 , 558 . 00 DEV FEES - POLICE 140 , 850 . 00 IN CAR VIDEO DONATIONS 11 , 150 . 00 WEATHER WARNING SIREN 8 , 357 . 85 TRANSFER FROM GENERAL FUND 82 , 402 . 00 REVENUE COLLECTIONS UNDER 50000 . 00 3 , 968 . 61 TOTAL $ 412 , 286 . 46 PUBLIC WORKS EQUIP CAPITAL CARRY OVER BALANCE 585 ,. 955 . 00 DEVELOPMENT FEES - PUBLIC WORKS 344 , 750 . 00 TRANSFER FROM WATER FUND 50 , 000 . 00 TRANSFER FROM SEWER FUND 30 , 000 . 00 TOTAL $ 1 , 010 , 705 . 00 PARKS & REC EQUIP CAPITAL CARRY OVER BALANCE 11 , 454 . 00 PARKS CAPITAL FEE 17 , 350 . 00 TRANSFER FROM GENERAL FUND 150 , 000 . 00 TOTAL $ 178 , 804 . 00 SANITARY SEWER IMPROVEMENT CARRY OVER 61102 , 651 . 00 CONNECTION FEES 11033 , 136 . 00 INVESTMENT INCOME 158 , 808 . 77 ROB ROY INTERCEPTOR 360 , 755 . 20 . SOUTHWEST SVC AREA INTERCEPTOR 56 , 180 . 51 COUNTRYSIDE INTERCEPTOR 11215 , 400 . 55 TRANSFER FROM GENERAL FUND . 150 , 000 . 00 REVENUE COLLECTIONS UNDER 51000 . 00 1 , 817 . 50 TOTAL . $ 9 , 078 , 749 . 53 UNITED CITY OF YORKVILLE. . . RECEIPTS FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 WATER IMPROV . EXPANSION CARRY OVER 11381 , 009 : 00 CONNECTION FEES 1 , 3191124 . 55 '.. INVESTMENT INCOME 44 , 232 . 27 . LOAN PROCEEDS - CONTRACT B . l 11402 , 853 . 00 TRANSFER FROM GENERAL FUND 220 , 000 . 00 REVENUE COLLECTIONS UNDER 5 , 000 . 00 . 514 . 93 TOTAL $ 4 , 367 , 733 . 75 DEBT SERVICE RECAPTURE - WATER / SEWER 153 , 251 . 82 TRANSFER FROM GENERAL FUND 292 , 859 . 00 TRANSFER FROM SANITARY SEWER 640 , 041 . 00 TRANSFER FROM WATER IMPRV FUND - 443 , 121 . 00 TRANSFER FROM MUNICIPAL BLDG 102 , 423 . 00 TOTAL $ 1 , 631 , 695 . 82 WATER OPERATIONS CARRY OVER BALANCE 600 , 497 . 00 BULK WATER SALES 11 , 833 . 38 WATER SALES 1 , 324 , 777 . 20 '.. WATER METER SALES . 418 , 028 . 00 LEASE REVENUE - H2O TOWER , 23 , 287 . 31 '.. INVESTMENT INCOME 74 , 789 . 15 REVENUE COLLECTIONS UNDER 50000 . 00 488 . 45. TOTAL $ 21453 , 700 . 49 SEWER MAINTENANCE CARRY OVER/ FUND BALANCE 657 , 374 . 00 LIFT STATION INCOME 19 , 096 . 84. . SEWER MAINTENANCE FEES 576 , 523 . 74 . SEWER CONNNECTION FEES 142 , 660 . 00 _ INVESTMENT INCOME 74 , 824 . 19 . TOTAL $ 1 , 470 , 478 . 77 LAND CASH HEARTLAND CIRCLE - LAND CASH. : 20 , 000 . 00 RAINTREE VILLAGE LAND CASH 133 , 400 . 00 UNITED CITY OF YORKVILLE RECEIPTS FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 LAND CASH WHISPERING MEADOWS ( K . HILL ) 43 , 983 . 42 . AUTUMN CREEK 17 , 844 . 13 BLACKBERRY WOODS 75 , 568 . 18 TRANSFER FROM LAND ACQUISITION 150 , 000 . 00 REVENUE COLLECTIONS UNDER 51000 . 00 - 186 , 063 . 00` TOTAL $ 254 , 732 . 73 LAND ACQUISITION CARRY OVER BALANCE 213 , 618 . 00 TOTAL $ 213 , 618 . 00 PARKS & RECREATION CARRY OVER BALANCE 77r292 . 00 FEES FOR PROGRAMS 243 , 507 . 28 CONCESSIONS /ALL SALE ITEMS 15 , 681 . 09 GOLF OUTING REVENUE 40 , 888 . 00 HOMETOWN DAYS 72 , 543 . 35 DONATIONS 10 , 895 . 57 INVESTMENT INCOME 11 , 646 . 64 - TRANSFER FROM GENERAL FUND 1 , 015 , 107 . 00 REVENUE COLLECTIONS UNDER 5 , 000 . 00 5 , 937 . 26 TOTAL $ 1 , 493 , 498 . 41 LIBRARY CARRY OVER - BOOK DEV FEES 102 , 125 . 00 CARRY OVER - BLDG DEV FEES 1 , 557 , 975 . 41 CARRY OVER BALANCE - 5 , 461 , 107 . 00 REAL ESTATE TAXES 386 , 235 . 43 TRANSFER FROM GENERAL FUND 351430 . 00 DEVELOPMENT FEES - BUILDING 66 , 300 . 00 DEVELOPMENT FEES - BOOKS 70 , 384 . 52 LIBRARY SUBSCRIPTION CARDS 12 , 903 . 99 LIBRARY FINES 5 , 033 . 43 MEMORIALS 7 , 096 . 50 LIBRARY PER CAPITA GRANT 13 , 708 . 09 INVESTMENT INCOME 31 , 545 . 55 INVESTMENT INCOME - BLDG 123 , 886 . 14 REVENUE COLLECTIONS UNDER 5 , 000 . 00 8 , 891 . 83 TOTAL $ 7 , 902 , 622 . 89 UNITED CITY OF YORKVILLE RECEIPTS FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 . '.. FOX INDUSTRIAL CARRY OVER BALANCE 32 , 799 . 00 TIF REVENUES 130 , 078 . 44 INVESTMENT INCOME 51374 . 69 TOTAL _ _ _ _ _ $ 168 , 252 . 13 COUNTRYSIDE TIF PROJECT CARRY OVER BALANCE 3 ,463 , 672 . 00 INVESTMENT INCOME . . 98 , 339 . 66. TOTAL $ 3 , 562 , 011 . 68 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 GENERAL FUND ABACUS /ATLAS , INC . 200 . 00 ACCOUNTEMPS - 81300 . 28 ACTION GRAPHIX LTD 1 ; 181 . 40 ADVANCED ROOING INC . 23 , 317 . 00 ADVANTAGE REPORTING SERVICE 7 , 200 . 45 ANCEL , GLINK , DIAMOND , BUSH , 156 , 909 . 50 JEANNE ARBET - 154 . 50 ARMAG CORPORATION 21626 . 00 AT&T 26 , 707 . 10 AT&T GLOBAL SERVICES , INC . 4 , 155 . 72 AT&T INTERNET SERVICES 5 , 862 . 01 AT&T LONG DISTANCE 2 , 760 . 15 '.. ATLAS BOBCAT 11658 . 15 AURORA AREA CONVENTION 17 , 533 . 35 AURORA BLACKTOP 156 , 339 . 52 AURORA TRI STATE FIRE 647 . 08 THE BANK OF NEW YORK 111 , 531 . 93 BLUE CROSS BLUE SHIELD 821 , 013 . 67 BNY MIDWEST TRUST COMPANY. 963 . 00 BP AMOCO OIL COMPANY 37 , 321 . 76 . BYRNES , HOULIHAN & WALSH LLC 11 , 656 . 00 C . BROOKE BEAL 44 , 877 . 49 C . W . WHITE AND SON INC . 19 , 843 . 12 CAMBRIA SALES COMPANY INC . 11748 . 86 CARSTAR 626 . 68 CDW GOVERNMENT INC . 44 , 973 . 03 CENTRAL LIMESTONE COMPANY , INC 1 , 201 . 50 CINTAS FIRST AID & SAFETY 882 . 64 CIVIL & ENVIRONMENTAL 81350 . 27 CLARK ENVIRONMENTAL 28 , 414 . 00 COFFMAN TRUCK SALES . 297 . 00 COLLEGE OF DUPAGE 600 . 00 COMMONWEALTH EDISON 76 , 776 . 84 COMMUNICATIONS DIRECT INC 2 , 076 . 11 CONSERVATION DESIGN FORUM 21418 . 75 CONSERVATION FOUNDATION 5 , 000 . 00 CONSTELLATION NEW ENERGY 92B . 02 . CAM , LLC 47 , 125 . 58 COUNTRYSIDE VETERINARY CLINIC. 975 . 99 CRAIG H . BENSON , PHD , PE 13 , 502 . 44 CROWE GROUP LLP 34 , 153 . 20 DAVE ' S AUTO 3 , 471 . 00 BOB DEARBORN 300 . 00 DELANEY , DAVID 41100 . 00 DELL MARKETING L . P . 1 , 909 . 00 DEPO COURT REPORTING SVC , INC 98 , 108 . 85 DICTAPHONE CORPORATION 74 . 50 DLT SOLUTIONS , INC . 71191 . 44 DOMESTIC UNIFORM RENTAL . 31125 . 56 UNITED CITY OF YORKVILLE - EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 GENERAL FUND DREYER MEDICAL CLINIC 2 , 791 . 00 EBENROTH & ASSOCIATES , INC . 4 , 996 . 00 EHLERS & ASSOCIATES , INC . 19 , 500 . 00 EJ EQUIPMENT 2 , 062 . 49 ELAN FINANCIAL SERVICES 11012 . 00 . EMPLOYEE BENEFITS CORPORATION 1 , 850 . 00 ENGINEERING ENTERPRISES , INC . 11087 , 853 . 47. ' ENGLISH & SONS LANDSCAPING INC 91261 . 00. ENVIRONMENTAL SYSTEMS 91148 . 76 ERO - TEX 516 . 00 FARREN HEATING & COOLING 289 . 40 FIRST NONPROFIT UNEMPLOYEMENT 14 , 453 . 50 FIRST PLACE RENTAL 667 . 30 FOLEY & LARDNER LLP 4 , 810 . 50 FORCES INC 1 , 688 . 00 FOX RIDGE STONE 11550 . 77 FOX VALLEY TROPHY & AWARDS 3 , 767 . 87 . FOX VALLEY SANDBLASTING 31112 . 00 FOX VALLEY TRADING COMPANY 21300 . 35 FULTON CONTRACTING 71552 . 20 G . M . RANDA INC . 34 , 260 . 00 GALL ' S INC . 11798 . 44 GAMBREL CONSTRUCTION . 171 , 696 . 70 GIPE , DINA 11650 . 50 GJOVIK FORD- MERCURY , INC . 91428 . 71 GRAINCO FS . , INC . 21 , 147 . 76 GREATAMERICA LEASING CORP . 20 , 565 . 52 GREEN ORGANICS INC 21595 . 00 HARRIS 14 , 617 . 15 HART , RICHARD 21339 . 59 HEARTLAND SERVICES INC 21396 . 02 HENNESSY FORD 21182 . 77 HERVAS , CONDON & BERSANI , P . C . 50 , 115 . 93 HEWLETT - PACKARD COMPANY 71298 . 00: ICE MOUNTAIN 11912 . 42 IL MUNICIPAL LEAGUE 105 . 00 . IL VALLEY URBAN LUMBERJACKS 9 , 435 . 00 ILLINOIS E . P . A . FISCAL SERVICE 1 , 000 . 00 IL ENV . PROTECTION AGENCY 2 , 753 . 01 ILLINOIS MUNICIPAL LEAGUE 173 , 111 . 70 ILLINOIS PUBLIC SAFETY AGENCY 2 , 728 . 00. ILLINOIS TRUCK MAINTENANCE , IN 2 , 814 . 38 INTERNATIONAL CODES 1 , 0481263 . 99 INTERSECT , LLC 5 , 940 . 00 J ' S SHOE REPAIR 963 . 00 J . RUDNY , LLC 71100 . 00 ANDREW JELENIEWSKI 11084 . 00 JENSEN ENTERTAINMENT INC 11525 . 00 . JOSEPH H ABEL & ASSOCIATES LLC 3 , 369 . 30 . UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30r 2007 '.. GENERAL FUND KATHLEEN FIELD ORR & ASSOC . 5 , 612 . 21 KENDALL COUNTY ASSOCIATION 4 , 170 . 00 KENDALL COUNTY GIS 31930 . 00 - '.. KENDALL COUNTY HEALTH 1 , 635 . 00 KENDALL COUNTY RECORDER ' S 2 , 737 . 00 KENDALL COUNTY RECORD 9 , 663 . 01 KENDALL PRINTING 4 , 908 . 55 KOPY KAT COPIER 26 , 621 . 61 KEITH & BONNIE KUCZKOWSKI 15 , 963 . 51 KUSTOM SIGNAL , INC . 1 , 908 . 30 LASALLE BANK N . A . 496 , 314 . 01 LAW OFFICES OF DANIEL KRAMER 7 , 250 . 00 LAW OFFICES OF GARY G . PICCONY . 61100 . 00 LAW TITLE INSURANCE COMPANY 277 , 000 . 00 LAWSON PRODUCTS 21951 . 97 LAURA LEPPERT 2 , 167 . 74 LOGOMAX 3 , 301 . 00 MAGNET STREET . 1 , 083 . 00 MARTIN IMPLEMENT SALES , INC . - 256 . 87 MARTIN PLUMBING & HEATING CO . 12 , 444 . 00 MCKIRGAN BROS . OIL CO . 1 , 640 . 85 MCVICKERS YORKVILLE LLC 2 , 778 . 25 MEADE ELECTRIC COMPANY , INC . 14 , 895 . 48 MENARDS INC 246 , 876 . 59 MENARDS - YORKVILLE 6 , 381 . 27 METEORLOGIX 392 . 00 METLIFE SMALL BUSINESS CENTER 96 , 458 . 59 METRO WEST COG 3 , 625 . 00 METROPOLITAN INDUSTRIES , INC . 255 . 00 MEYER PAVING , INC . 42 , 310 . 76 MID AMERICAN WATER 597 . 00 ' . MJ ELECTRICAL SUPPLY , INC . 13 , 611 . 80 MONROE TRUCK EQUIPMENT 11830 . 61 MOONBEAM MEDIA 21015 . 00 MORRIS TRAILER SALES , INC 156 . 44 MPH INDUSTRIES , INC _ 59 . 61 NCL EQUIPMENT SPECIALTIES 263 . 30 NEBS 11252 . 86 NELSON ENTERPRISES , INC . 2 , 558 . 50 NEXTEL COMMUNICATIONS 23 , 618 . 29 NICOR GAS 255 , 761 . 81 NORTH EAST MULTI - REGIONAL 3 , 445 . 00 - NORTHERN ILLINOIS UNIVERSITY 31540 . 89 NORTHERN SAFETY CO . , INC . 791 . 11 NORTHWESTERN UNIVERSITY . 1 , 312 . 50 O ' MALLEY WELDING & FABRICATING 660 . 50 OFFICE OF FISCAL MANAGEMENT 2 , 310 . 00 OFFICE WORKS 7 , 836 . 14 P . F . PETTIBONE & CO . 3 , 637 . 50 PALZER ENTERPRISES LTD : - 120 . 00 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES . _ FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 . GENERAL FUND PARKVIEW CHRISTIAN ACADEMY 81750 . 00 PATTEN INDUSTRIES , INC . 114 . 36 PERFORMANCE PIPELINING , INC 7 , 531 . 99 . PETE THE PAINTER 1 , 150 . 00 PITNEY BOWES 1 , 968 . 00 PITNEY BOWES 11 , 000 . 00 PLECKHAM , DAN 2 , 442 . 92 PLECKHAM , TRACI 967 . 50 . POSTNET IL 124 1 , 957 . 62 PRINT PERFECT 9 , 046 . 77 PROFESSIONAL SERVICE 4 , 202 . 25 PROVENA SAINT JOSEPH HOSPITAL 3 , 067 . 50 JEWEL 531 . 30 . QUILL CORPORATION 17 , 538 . 26 R . A . UBERT CONSTRUCTION , INC 99 , 393 . 80 R . W . TROXELL & COMPANY 21363 . 00 RAKOW ' S FURNITURE , INC . 71614 . 64 RALPH ' S PLACE 21566 . 00 RATOS , JAMES 23 , 095 . 25 RAY O ' HERRON COMPANY , INC . 41584 . 18 RAY O ' HERRON COMPANY 14 , 557 . 03 RELIABLE HIGH PERFORMANCE 146 . 70 RICHARD ALFORD , PH . D . 2 , 000 . 00 RICHARD MARKER ASSOCIATES 754 . 72 RIVER OAKS FORD 1 , 007 . 89. RIVERVIEW FORD. 1 , 657 . 92 SAFETY SUPPLY ILLINOIS 269 . 50 SARAVANOS PROPERTIES , LLC . 221 . 80 SCHOPPE DESIGN ASSOC . 25 , 651 . 53 SCHRADER , CHARLES H . & ASSOC . 14 , 000 . 00 SEC GROUP , INC . 166 , 512 . 90 . . SERVICEMASTER COMM . CLEANING 71662 . 32 SERVICEMASTER OF AURORA & 7 , 451 . 29 SEYFARTH SHAW LLP 48 , 658 . 01 SHELL OIL CO . 38 , 673 . 60 SHORE GALLERIES , INC . 6 , 916 . 21 SHRED - IT 1 , 804 . 00 SOFTWARE PERFORMANCE 6 , 221 . 95 SWFVCTC 51 , 152 . 90 STELLMACH ELECTRIC , INC . 51936 . 25 STERLING CODIFIERS , INC . 2 , 568 . 00 . STEVEN SCHILLING $ P . E . 46 , 036 . 23 STILLS & SON INC . 1 , 715 . 96 STONEFIRE RESTAURANT 4 , 269 . 75 STREICHERS 41363 . 71 STRYPES PLUS MORE INC . 640 . 00 . SUBURBAN CHICAGO NEWSPAPERS AD 10 , 266 . 10 TAPCO 37 , 396 . 47 TEE ' S PLUS 11771 . 00 TELCOM- DATA 125 . 00 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 GENERAL FUND BNY MIDWEST TRUST COMPANY 553 , 966 . 78 THE MANAGEMENT ASSOCIATION 950 . 00 THE SIDWELL COMPANY 186 . 45 THOMAS ALARM SYSTEMS 720 . 00 THOMPSON APPRAISALS 2 , 500 . 00 . TIGERDIRECT 81669 . 82 TIN STAR ELECTRONIC SERVICE 7 , 791 . 56 TRAFFIC CONTROL CORPORATION 3 , 620 . 07 TRI — RIVER POLICE TRAINING 3 , 000 . 00 TROTSKY INVESTIGATIVE 1 , 470 . 00 '.. TUCKER DEVELOPMENT CORP . 218 , 669 . 91 : U . S . BANK 1 , 674 . 02 UNIFIED SUPPLY 21661 . 48 UNIQUE PRODUCTS & SERVICE 11737 . 26 UNITED PARCEL SERVICE 21565 . 30 UNIVERSITY OF ILLINOIS — GAR 16 , 847 . 12 UPPER CRUST CATERING INC 516 . 75 V3 COMPANIES 16 , 667 . 02 VERNE HENNE CONSTR . & 7 , 780 . 05 VESCO 1 , 482 . 94 VISA 51 , 027 . 82 VISION SERVICE PLAN _ 10 , 274 . 02 WALDEN ' S LOCK SERVICE 266 . 20 : WALMART COMMUNITY 1 , 253 . 62 WALTER E . DEUCHLER ASSOCIATES. - 59 , 440 . 06 ' WAREHOUSE DIRECT 21711 . 35 ` : WASTE MANAGEMENT 729 , 674 . 36 WAUBONSEE COMMUNITY COLLEGE 31728 . 00 WEBLINX INCORPORATED 620 . 00 _ WESLEY PROPERTY CORP . 319 , 459 . 11 WESTERN ILLINOIS UNIVERSITY 2 , 091 . 00 WHOLESALE TIRE 8 , 625 . 81 WOLF & COMPANY. 15 , 410 . 00 WYETH LAW 171r187 . 50 YORKVILLE ACE & RADIO SHACK 926 . 24 YORKVILLE AREA CHAMBER OF 7 , 060 . 00 YORKVILLE BIG BAND 300 . 00 . YORKVILLE CLERK ' S ACCOUNT 8 , 893 . 95 YORKVILLE ECONOMIC DEV 45e500 . 00 YORKVILLE GENERAL FUND 106 , 151 . 00 YORKVILLE GENERAL FUND 1 , 615 . 53 YORKVILLE PUBLIC LIBRARY 502 , 528 . 58 YORKVILLE NAPA AUTO PARTS 21620 . 82 YORKVILLE PAYROLL ACCOUNT 335 , 763 . 80 YORKVILLE POLICE DEPT . — 3 , 686 . 28 YORKVILLE POLICE PENSION FUND 248 , 987 . 74 YORKVILLE POSTMASTER 4 , 688 . 02 YORKVILLE PARK & RECREATIONS 1 , 1651107 . 00 YORKVILLE SCHOOL DIST # 115 373 , 500 . 00 YORKVILLE SELF STORAGE , INC 450 . 00 UNITED CITY OF YORKVILLE ' : EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007. GENERAL FUND YOUNG , MARLYS 3 , 193 . 15 EXPENSE DISBURSEMENTS UNDER 21500 . 00 111 , 074 . 91 TOTAL $ 12 , 133 , 266 . 82 MOTOR FUEL TAX AURORA BLACKTOP 205 , 102 . 40 CARGILL , INC 63e801 . 46 ENGINEERING ENTERPRISES , INC . 455 . 00 SEC GROUP , INC . 34 , 889 . 50 SKC CONSTRUCTION , INC 18 , 758 . 87 SUPERIOR ASPHALT MATERIALS LLC 3 , 059 . 87 TAPCO 9 , 741 . 07 YORKVILLE GENERAL FUND 77 . 90 TOTAL $ 335 , 886 . 07 MUNICIPAL BUILDLING . AURORA TRI STATE FIRE . 390 . 45 BEERY HEATING & COOLING 597 . 00 BELAN SERVICES 3 , 660 . 00 DB COMMUNICATIONS 5 , 150 . 00 . EBENROTH & ASSOCIATES , INC . 27 , 335 . 00 FARREN HEATING & COOLING 5 , 995 . 20 FIRST PLACE RENTAL 49 . 50 FOX FLOORING 7 , 070 . 50 — GLEASON TILE INC . : 4 , 695 . 00 KENDALL COUNTY FENCE 1 , 465 . 00 MARTIN PLUMBING & HEATING CO . 299 . 00. MENARDS — YORKVILLE 435 . 60 MJ ELECTRICAL SUPPLY , . INC . . 279 . 00 NORTHWAY HEATING , COOLING & 340 . 00 O ' NEILL GLASS & MIRROR , INC . 41799 . 98 OLD SECOND NATIONAL BANK TRUST 61400 . 00 OLSSON ROOFING COMPANY , INC . 41960 . 00 PETE THE PAINTER 71150 . 00 THOMAS ALARM SYSTEMS 11189 . 00 THYSSENKRUPP ELEVATOR CORP 11816 . 62 VERNE HENNE CONSTR . & 40 , 492 . 44 VISA 2 , 557 . 58 WALDEN ' S LOCK SERVICE 21317 . 78 . WILKINSON , RUSS 2 , 821 . 74 YORKVILLE ACE & RADIO SHACK 16 . 83 YORKVILLE GENERAL FUND 7 . 46 YORKVILLE SELF STORAGE , INC 1 , 800 . 00 EXPENSE DISBURSEMENTS UNDER 2 , 500 . 00 31182 . 00 TOTAL $ 137 , 272 . 68 . POLICE EQUIPMENT CAPITAL UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 ; 2007 POLICE EQUIPMENT CAPITAL CDS OFFICE TECHNOLOGIES 31761 . 00 COMMUNICATIONS DIRECT INC 19 , 354 . 32 FULTON CONTRACTING 10 , 450 . 00 INTEGRIAN , INC . 97 . 32 KUSTOM SIGNAL , INC . 61403 . 29 LANDMARK FORD INC 56 , 859 . 00 MENARDS - YORKVILLE 189 . 93 MILES CHEVROLET 39 , 971 . 17 MOTOROLA 2 , 309 . 50 O ' MALLEY WELDING & FABRICATING 200 . 00 RAY ALLEN MANUFACTURING CO INC . 31449 . 95 ' . RAY O ' HERRON COMPANY , INC . 7 , 176 . 33 RAY O ' HERRON COMPANY 2 , 744 . 54 SHORE GALLERIES , INC . 475 . 89. SOFTWARE PERFORMANCE 11562 . 50 STREICHERS 10 , 373 . 90 STRYPES PLUS MORE INC . 11235 . 00 . THOMAS DODGE OF ORLAND PARK 19 , 668 . 00 TIN STAR ELECTRONIC SERVICE 14 , 222 . 75 VISA 51252 . 70. YORKVILLE AUTO BODY , INC . 2 , 936 . 43 EXPENSE DISBURSEMENTS UNDER 21500 . 00 8 , 057 . 78 TOTAL $ 216 , 751 . 30 PUBLIC WORKS EQUIP CAPITAL ALTEC INDUSTRIES , INC . . 69, 720 . 00 ATLAS BOBCAT 41782 . 00 DENNISON CORPORATION 40 , 956 . 00 FOX VALLEY FORD , INC . 11842 . 00 MONROE - TRUCK EQUIPMENT 41885 . 00 NAVISTAR FINANCIAL CORPORATION 175 , 650 . 00 PATTEN INDUSTRIES , INC . 55 , 676 . 00 SENTE - RUBEL BOSMAN - LEE 11 , 442 . 49 TAPCO 41200 . 00 EXPENSE DISBURSEMENTS UNDER 21500 . 00 225 . 00 TOTAL $ 369 , 378 . 49 PARKS & REC EQUIP CAPITAL ACTION GRAPHIX LTD 336 . 96 FOX VALLEY FORD , INC . 60 , 020 . 00 GREAT LAKES SPECIALTY 4 , 000 . 00 RIVER OAKS FORD 68 , 385 . 00 . TURF PROFESSIONALS 51960 . 53 VISA 429 . 00 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 ' - PARKS & REC EQUIP CAPITAL WACKERLINE USED FARM 21995 . 00 EXPENSE DISBURSEMENTS UNDER 2 , 500 . 00 454 . 75 TOTAL $ 142 , 581. 24 SANITARY SEWER IMPROVEMENT ANDERSON UNDERGROUND , INC . 962 , 959 . 37 THE BANK OF NEW YORK 374 . 50 BO WOODS TREE FARM , INC . 2 , 050 . 00 CENTEX HOMES 987 , 408 . 40 CITY OF YORKVILLE 70 , 802 . 86 D . CONSTRUCTION , INC . 1 , 501 , 034 . 60 DEMPSEY ING , INC . 817 , 134 . 49 GLENBROOK EXCAVATING & 241 , 217 . 66 ILLINOIS RAILNET 750 . 00 LENNAR COMMUNITIES OF CHICAGO , 285 , 548 . 94 LEY & ASSOCIATES , INC . 14 , 949 . 40 PIRTANO CONSTRUCTION COMPANY 903 , 202 . 14 RIVER CITY CONSTRUCTION , INC 250 , 607 . 40 BNY MIDWEST TRUST COMPANY 500 , 213 . 34 WALTER E . DEUCHLER ASSOCIATES 529 , 884 . 07 WYETH LAW 6 , 712 . 50 YORKVILLE GENERAL FUND 125 , 454 . 00 TOTAL $ 7 , 200 , 303 . 67 . WATER IMPROV . EXPANSION BNY MIDWEST TRUST COMPANY 428 . 00 COMMONWEALTH EDISON 17 , 510 . 66 DOI - USGS 41 , 776 . 00 ENGINEERING ENTERPRISES , INC . 637 , 215 . 66 KAMP / SYNERGY , LLC . 67 , 970 . 70 MEYER PAVING , INC . 45 , 190 . 93 MID AMERICAN WATER 1 , 836 . 00 POULOS INC 109 , 633 . 72 SARAVANOS PROPERTIES , LLC . 41800 . 00 SWALLOW CONSTRUCTION CORP . 1 , 201 , 082 . 50 BNY MIDWEST TRUST COMPANY 9 , 999 . 00 UNIV . OF ILLINOIS AT URBANA 26 , 257 . 00 WALTER E . DEUCHLER ASSOCIATES 16 , 125 . 08 WHITTAKER CONSTRUCTION & 11508 , 480 . 70 YORKVILLE BRISTOL 15 , 358 . 89 YORKVILLE GENERAL FUND 639 , 493 . 73 EXPENSE DISBURSEMENTS UNDER 2 ; 500 . 00 1 , 932 . 50 TOTAL $ 413451091 . 07 DEBT SERVICE BNY MIDWEST TRUST COMPANY ` . 11123 . 50 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 DEBT SERVICE - IL EPA FISCAL SERVICES SECTION . 53 , 525 . 35 . ILLINOIS ENVIRONMENTAL — 92 , 505 . 33 KURT MINNECI 5s954 . 00 BNY MIDWEST TRUST COMPANY 1 , 293 , 617 . 59 U . S . BANK 163 , 795 . 00 TOTAL $ 11610 , 520 . 77 WATER OPERATIONS ACTION GRAPHIX LTD 2 , 720 . 00 APWA 650 . 00 ARRO LABORATORY , INC . 9 , 104 . 90 ASSOCIATED TECHNICAL SERVICES 4 , 226 . 00 AT&T 18 , 005 . 59 AT&T INTERNET SERVICES 151 . 81 AT&T LONG DISTANCE 227 . 20 ATLAS BOBCAT 240 . 00 AURORA BLACKTOP 768 . 00 BP AMOCO OIL COMPANY 61257 . 71 - CARGILL , INC 45 , 939 . 38 CENTRAL LIMESTONE COMPANY , INC 11064 . 04 CHEMICAL PUMP SALES & SERVICE 21845 . 20. CINTAS FIRST AID & SAFETY 185 . 05 COFFMAN TRUCK SALES 217 . 36 COMMONWEALTH EDISON 122 , 821 . 22 CONSTELLATION NEW ENERGY 15 , 292 . 76 DOMESTIC UNIFORM RENTAL 3 , 125 . 59 ELAN FINANCIAL SERVICES 32 . 00 ENGINEERING ENTERPRISES , INC . 1 , 525 . 50 ERO — TEX 516 . 00 FARREN HEATING & COOLING 12 . 90 FIRST PLACE RENTAL 1 , 344 . 82 FOX RIDGE STONE 21019 . 76 FOX VALLEY SANDBLASTING 190 . 00 GLENBROOK EXCAVATING & 521 . 00 ' GRAINCO FS . , INC . 81326 , 07 GREATAMERICA LEASING CORP . 11680 . 00 HACH COMPANY 91197 . 27 HARRIS 750 . 00 HD SUPPLY WATERWORKS , LTD . 196 , 336 . 34 ILLINOIS EMERGENCY 51700 . 00 ILLINOIS TRUCK MAINTENANCE , IN 946 . 94: J ' S SHOE REPAIR 738 . 00 JULIE , INC . 9 , 311 . 90 KENDAL COUNTY BLACKTOP 1 , 188 . 00 KENDALL COUNTY FENCE 430 . 00 — KENDALL COUNTY HEALTH 140 . 00 KENDALL COUNTY RECORD 848 . 45 KENDALL PRINTING 61 . 40 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 _ WATER OPERATIONS '.. KENDALL COUNTY BLACKTOP 21811 . 00 KIRHOFER ' S SPORTS INC . 42 . 50 KOPY KAT COPIER 541 . 36 LEY & ASSOCIATES , INC . 92 . 00 '... MARTIN PLUMBING & HEATING CO . 11 . 25 MCKIRGAN BROS . OIL CO . 993 . 47 MENARDS - YORKVILLE 6 , 001 . 78 METEORLOGIX 392 . 00 '... MID AMERICAN WATER 6 , 262 . 55 MID - VALLEY CONCRETE , INC . 11694 . 00 MJ ELECTRICAL SUPPLY , INC . 2 , 104 . 51 NCL EQUIPMENT SPECIALTIES . 502 . 70 NEXTEL COMMUNICATIONS 31689 . 24. NORTHERN SAFETY CO . , INC . 246 . 91 PATTEN INDUSTRIES , INC . 41160 . 80 POSTNET IL 124 10 . 10 PRINT PERFECT 7 , 912 . 58 QUILL CORPORATION 1 , 715 . 05 R . J . O ' NEIL , INC .. 21976 . 00 ` RELIABLE HIGH PERFORMANCE 237 . 90 RIVERVIEW FORD 5 . 70 SAFETY SUPPLY ILLINOIS 911 . 13 SERVICEMASTER OF AURORA & 31965 . 00 '... SHELL OIL CO . 22 , 745 . 85 '.. SMITH ECOLOGICAL SYSTEMS INC 21632 . 12 SOFTWARE PERFORMANCE 150 . 00 STELLMACH ELECTRIC , INC . 520 . 00 . '.. STILLS & SON INC . 956 . 15 SUBURBAN CHICAGO NEWSPAPERS AD 103 . 95 TIGERDIRECT 2 , 870 . 77 ULRICH CHEMICAL , INC . 9 , 173 . 25 UNIQUE PRODUCTS & SERVICE 612 . 24 UNITED PARCEL SERVICE 1 , 247 . 71 VISA 2 , 747 . 17 WALDEN ' S LOCK SERVICE 145 . 00 WAREHOUSE DIRECT 177 . 05 WATER PRODUCTS , INC . 49 , 162 . 71 . WATER SOLUTIONS UNLIMITED , INC 4 , 740 . 00 . WIRE WIZARD OF ILLINOIS , INC 61300 . 75 YORKVILLE BRISTOL 41 , 057 . 92 YORKVILLE ACE & RADIO SHACK . 801 . 06 YORKVILLE CLERK ' S ACCOUNT - 240 . 00 YORKVILLE GENERAL FUND 91 . 54 YORKVILLE NAPA AUTO PARTS 723 . 61 YORKVILLE POSTMASTER 11 , 276 . 04 EXPENSE DISBURSEMENTS UNDER 2 , 500 . 00 19 , 590 . 59 TOTAL $ 701 , 003 . 19 - SEWER MAINTENANCE AQUAFIX , INC . 21292 . 36 ASSOCIATED TECHNICAL SERVICES 945 . 00 ATLAS BOBCAT 592 . 38 . UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 SEWER MAINTENANCE BP AMOCO OIL COMPANY - 6 , 337 . 35 CINTAS FIRST AID & SAFETY 347 . 34 COMMONWEALTH EDISON 90 , 019 . 94 . DOMESTIC UNIFORM RENTAL 31126 . 48 EJ EQUIPMENT 31854 . 22 FIRST PLACE RENTAL 932 . 67 GRAINCO FS . , INC . 11366 . 29 J ' S SHOE REPAIR 407 . 00 KENDALL COUNTY HEALTH . 455 . 00 KOPY KAT COPIER 164 . 20 LAWSON PRODUCTS 164 . 85 MCKIRGAN BROS . OIL CO . 453 . 75 MENARDS - YORKVILLE 94G . 56 METEORLOGIX - 392 . 00 METROPOLITAN INDUSTRIES , INC . 11 , 279 . 00 - MID AMERICAN WATER 58 . 00 NEXTEL COMMUNICATIONS 3 , 552 . 89 NORTHERN SAFETY CO . , INC . 398 . 98 O ' MALLEY WELDING & FABRICATING 75 . 00 OFFICE WORKS 1 , 024 . 34 PATTEN INDUSTRIES , INC . 11302 . 36 POSTNET IL 124 82 . 28 JEWEL 297 . 64 QUILL CORPORATION 841 . 91 RELIABLE HIGH PERFORMANCE 610 . 40 RIVERVIEW FORD 306 . 62 SAFETY SUPPLY ILLINOIS 433 . 50 SERVICEMASTER OF AURORA & 10560 . 00 SHELL OIL CO . 12 , 274 . 96 STILLS & SON INC . 777 . 66 SUBURBAN CHICAGO NEWSPAPERS AD 21 . 15 TELCOM- DATA 170 . 00 TIGERDIRECT 693 . 00 . UNIQUE PRODUCTS & SERVICE 1 , 247 . 92 VISA 899 . 16 WALMART COMMUNITY 238 . 00 WATER PRODUCTS , INC . 138 . 64 . WIRE WIZARD OF ILLINOIS , INC 239 . 00 YORKVILLE ACE & RADIO SHACK 166 . 61 YORKVILLE GENERAL FUND 63 . 79 YORKVILLE NAPA AUTO PARTS 11195 . 63 EXPENSE DISBURSEMENTS UNDER 2 , 500 . 00 31272 . 63 TOTAL $ 156 , 018 . 46 LAND CASH BELAN SERVICES 50600 . 00 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES ' . FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 LAND CASH COMMONWEALTH EDISON 5 , 472 . 58 CORPORATION FOR OPEN LANDS 15 , 685 . 32 '.. FOX FLOORING 2 , 342 . 00 . G . M . RANDA INC . 8 , 500 . 00 GAMBREL CONSTRUCTION 21 , 093 . 00 . GAME TIME 392 . 20 GEORGE ' S LANDSCAPING INC 23 , 833 . 40 GLEASON TILE INC . 1 , 277 . 50 J . E . M . MORRIS CONSTRUCTION INC 158 , 509 . 60 KENDALL COUNTY FOREST 178 , 518 . 32 MARTIN PLUMBING & HEATING CO . 5 , 885 . 00 MENARDS - YORKVILLE 423 . 35. MJ ELECTRICAL SUPPLY , INC . 11465 . 00 NORTHWAY HEATING , COOLING & 6 , 950 . 00 PARK AND RECREATION SUPPLY INC 3 , 430 . 00 PLAYPOWER LT FARMINGTON INC 23 , 000 . 00 PULTE HOMES 18 , 762 . 20 SCHOPPE DESIGN ASSOC . 80 , 280 . 32 . . SENTE - RUBEL BOSMAN - LEE 12 , 642 . 49 THOMPSON APPRAISALS 11100 . 00 VERNE HENNE CONSTR . &. 71200 . 00 WABASH VALLEY MANUFACTURING 735 . 00 WILKINSON , RUSS 61600 . 00 EXPENSE DISBURSEMENTS UNDER 21500 . 00 1 , 224 . 80 TOTAL $ 590f922 . 08 PARKS & RECREATION ACTION GRAPHIX LTD 124 . 61 ACTION GRAPHIX LTD 912 . 66 . ALL STAR SPORTS INSTRUCTION 15 , 073 . 50 JEANNE ARBET 796 . 50 ',... ASPEN VALLEY LANDSCAPE SUPPLY 4 , 320 . 00 '.. AT&T 27 . 80 AT&T LONG DISTANCE 304 . 05 AURORA TRI STATE FIRE 208 . 55 RAINBOW GROUP , LLC 3 , 087 . 04 BELSON OUTDOORS 2 , 974 . 00 BLACKBERRY OAKS GOLF COURSE 11 , 945 . 86 BOB RIDINGS , INC . 16 , 085 . 00 BP AMOCO OIL COMPANY 2 , 090 . 01 BURRIS EQUIPMENT CO . 11586 . 41 . CAMBRIA SALES COMPANY INC . 69 . 50 CDW GOVERNMENT INC . 2 , 311 . 66 CHICAGO BULLS 4 , 251 . 00 COMPUTER CONSULTANTS .. 7 , 742 . 74 CONSERV FS 2 , 069 . 94 UNITED CITY OF YORKVILLE ' EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 PARKS & RECREATION CREATIVE SOUNDZ ,. INC . 3 , 000 . 00 . CROWN TROPHY 2r866 . 98 DB COMMUNICATIONS 292 . 00 DOMESTIC UNIFORM RENTAL. 2 , 524 . 50 ELAN FINANCIAL SERVICES 796 . 07 EMPOWER TRAINING SYSTEMS , INC . 692 . 80 DEA DEMARCO 3 , 000 . 00 '.. THE FIBAR GROUP , LLC 10 , 530 . 00 '.. FIRST PLACE RENTAL 21027 . 81 FORCES INC 3r870 . 00 FOX VALLEY TROPHY & AWARDS . 11760 . 64 FOX VALLEY FORD , INC . 150 . 00 FOX VALLEY PARK DISTRICT 11740 . 00 FOX VALLEY TRADING COMPANY 1 , 014 . 00 GAME TIME 850 . 55 LORRIE GIBBON - 2 , 619 . 10. GOLD MEDAL PRODUCTS 4 , 709 . 59 - GRAINGER 114 . 42 GREAT LAKES SPECIALTY 2 , 310 . 35 HAYDEN ' S 2 , 260 . 85 HENNESSY FORD 1 , 186 . 18 ' HI FI EVENTS 9 , 650 . 00 ICE MOUNTAIN 149 . 12 IMAGE PLUS ll , 044 . 20 ILLINOIS PARK & RECREATION 1 , 640 . 00 J ' S SHOE REPAIR 857 . 00. JACQUELINE HITT 1 , 075 . 00 KENDALL COUNTY FENCE 600 . 00 KENDALL COUNTY HEALTH 610 . 00 KENDALL COUNTY RECORD . 1 , 330 . 85 KENDALL HILL NURSERY , INC . 2 , 860 . 00 KENDALL PRINTING 11430 . 85 KIPPS LAWNMOWER SALES 21221 . 21 KIRHOFER ' S SPORTS INC '. 31318 . 00 KOPY KAT COPIER 11719 . 46 LAWSON PRODUCTS 160 . 72 LAURA LEPPERT 59 . 75 MARINE BIOCHEMISTS ' 21035 . 03 MARTENSON TURF PRODUCTS 6 , 357 . 62 MARTIN IMPLEMENT SALES , INC . 573 . 58 MARTIN PLUMBING & HEATING CO . 343 . 00 MENARDS - YORKVILLE 14 , 993 . 17 MONROE TRUCK EQUIPMENT 1 , 029 . 25 MURRAY BROTHERS ENTERTAINMENT 8 , 650 . 00 NANCO SALES COMPANY , INC . 1 , 309 . 91 NARVICK BROS . LUMBER CO , INC . 555 . 00 NEBS 637 . 72 NEXTEL COMMUNICATIONS 91145 . 30 NORTHERN SAFETY CO . , INC . 21327 . 29 UNITED CITY OF YORKVILLE . EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 PARKS & RECREATION NUTOYS LEISURE PRODUCTS 3 , 020 . 00 O ' MALLEY WELDING & FABRICATING 110 . 60 . OFFICE WORKS 51913 . 92 . PALZER ENTERPRISES LTD . 31055 . 50 PARK AND RECREATION SUPPLY INC 3 , 445 . 91 PEPSI - COLA GENERAL BOTTLE 21833 . 96 PITNEY BOWES 354 . 00 . '.. PITNEY BOWES , INC . 31648 . 59 POSTNET IL 124 61 . 74 PRINT PERFECT 532 . 00 QUILL CORPORATION , 600 . 30 RALPH ' S PLACE 81361 . 48 RELIABLE HIGH PERFORMANCE 665 . 10 SERVICE PRINTING CORPORATION 20 , 469 . 00 . SHELL OIL CO . 2 , 682 . 04 SILVER LINING BALLOONS 21550 . 00 SPORTSFIELDS , INC . 10 , 693 . 58 SUBURBAN CHICAGO NEWSPAPERS AD 153 . 01. TAPCO 11434 . 48 TELCOM -DATA 1 , 290 . 00 TEMPLE DISPLAY , LTD 41620 . 00. THREE LIONS SOCCER 61292 . 00 TIGERDIRECT 1 , 312 . 00 . TRAVEL SERVICES OF YORKVILLE 3 , 576 . 00 . TRINITY CHURCH 300 . 00 TRUGREEN CHEMLAWN 71728 . 00 TURF PROFESSIONALS 11430 . 47 U . S . ARBOR PRODUCTS , INC . 11 , 572 . 00 UNIFIED SUPPLY 108 . 62 VERMONT SYSTEMS 41101 . 00 VERNE HENNE CONSTR . & 720 . 00 VESCO 255 . 86 VISA 28 , 979 . 65 WABASH VALLEY MANUFACTURING 3 , 432 . 00 WALDEN ' S LOCK SERVICE 297 . 37 WALMART COMMUNITY 4 , 255 . 14 WASTE MANAGEMENT - 51545 . 23 WHOLESALE TIRE 11001 . 19 - WINDING CREEK NURSERY , INC 2 , 439 . 00 WINDY CITY AMUSEMENTS 25 , 813 . 50. WYETH LAW 11312 . 50 , . YORKVILLE ACE & RADIO SHACK 31076 . 16 YORKVILLE BIG BAND 11600 . 00. YORKVILLE CONGREGATIONAL 8 , 550 . 00 YORKVILLE ECONOMIC DEV 60 . 00 YORKVILLE GENERAL FUND 61149 . 00 YORKVILLE NAPA AUTO PARTS 11265 . 60 YORKVILLE PAYROLL ACCOUNT 73 , 971 . 98 YORKVILLE POLICE DEPT . 600 . 00 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 PARKS & RECREATION YORKVILLE POSTMASTER 41150 . 52 YORKVILLE PARK. & RECREATION . - 21828 . 56 YORKVILLE PARK & REC 21531 . 27 ZENON COMPANY 11273 . 00 EXPENSE DISBURSEMENTS UNDER 2 , 500 . 00 . - 69 , 830 . 44 TOTAL $ 573 , 832 . 99 LIBRARY AGATI , INC . 51535. 00 AMERISCAN DESIGNS , INC . 41570 . 00 AT&T 2 , 369 . 14 AT&T LONG DISTANCE 77 . 44 AURORA TRI STATE FIRE 437 . 10 BAKER & TAYLOR ENTERTAINMENT 963 . 97 BAKER & TAYLOR 49 , 256 . 96 THE BANK OF NEW YORK 374 . 50 BERGER TRANSFER & STORAGE 989 . 63 BNY MIDWEST TRUST COMPANY 374 . 50 BURNIDGE CASSELL 126r729 . 99 CAMBRIA SALES COMPANY INC . 9 , 009 . 99 CDW GOVERNMENT INC . 347 . 99 CHECKPOINT SYSTEMS INC . 150 , 439 . 74 COLUMBIAN AGENCY 11687 . 00 COMMONWEALTH EDISON 11146 . 35 DEMCO , INC . 9 , 027 . 56 EBSCO 1 , 890 . 38 FOX VALLEY TROPHY & AWARDS 13 . 80 FOX VALLEY TRADING COMPANY - 788 . 25 - GAYLORD BROTHERS 7 , 402 . 00 GRAINGER 61997 . 50 - H . H . HOLMES TESTING 41122 . 11 HENRICKSEN 20 , 506 . 42 HENRY BROS , CO 51508 , 532 . 37. ILLINOIS E . P . A . FISCAL SERVICE . 500 . 00 INTERIORS FOR BUSINESS 277 , 020 . 94 KENDALL COUNTY RECORD 96 . 90 ' KENDALL PRINTING 265 . 45 KIPPS LAWNMOWER SALES 658 . 90 KOPY KAT COPIER 255 . 20 LAURA LEPPERT 741 . 58 LIBRARY FURNITURE INTERNATIONAL 97 , 766 . 50 MEILAHN MANUFACTURING 69 , 834 . 60 MENARDS - YORKVILLE 21017 . 73 MIDWEST ENGINEERING 8 , 714 . 00 OFFICE WORKS - 6 , 685 . 28 PFISTER , MICHAELEEN 2 , 110 . 80 UNITED CITY OF YORKVILLE . . . EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 LIBRARY POBLOCKI SIGN COMPANY 21 , 702 .00 PRAIRIE AREA LIBRARY SYSTEM 7 , 203 . 01 JEWEL 596 . 13 . SERVICEMASTER COMM . CLEANING 21500 . 00 SHORELINE ELECTRIC COMPANY 8 , 494 . 20 . SOUND INCORPORATED 13 , 655 . 50 SUBURBAN CHICAGO NEWSPAPERS AD 156 . 00 TECH PRO LOGIC 1 , 000 . 00 BNY MIDWEST TRUST COMPANY 293 , 472 . 63 . THE MANAGEMENT ASSOCIATION 37 . 94 TODAY ' S BUSINESS SOLUTIONS INC 11 , 071 . 00 UNIFIED SUPPLY 80 . 38 UPPER CRUST CATERING INC 11043 . 06 UPSTART 11146 . 31 VERNE HENNE CONSTR . & 402 . 60 VICTORIN BUSINESS MACHINES 48 , 921 . 53 VISA 17 . 24 WALMART COMMUNITY 8 , 516 . 64 RUSSELL WALTER 61443 . 35 WEBLINX INCORPORATED 31500 . 00 YORKVILLE ACE & RADIO SHACK . 11768 . 89 . YORKVILLE GENERAL FUND 57 , 699 . 94 YORKVILLE PAYROLL ACCOUNT 30 , 926 . 75 YORKVILLE POLICE DEPT . 320 . 00 YORKVILLE POSTMASTER 936 . 00 YOUNG , MARLYS 57 . 00 ZEITER- DICKSON INSURANCE 11875 . 00 - EXPENSE DISBURSEMENTS UNDER 2 , 500 . 00 24 , 299 . 84 TOTAL $ 6 , 928 , 320 . 51 FOX INDUSTRIAL BNY MIDWEST TRUST COMPANY - 214 . 00 BNY MIDWEST TRUST COMPANY 80 , 415 . 00 TOTAL $ 80 , 629 . 00 COUNTRYSIDE TIP PROJECT BNY MIDWEST TRUST COMPANY 1421667 . 50 TRILAND 500 , 000 . 00 TOTAL $ 642 , 867 . 50 TRUST & AGENCY BRISTOL KENDALL FIRE DEPART . 290 , 574 . 50 UNITED CITY OF YORKVILLE EXPENDITURES AND EXPENSES FOR THE FISCAL YEAR ENDING APRIL 30 , 2007 TRUST & AGENCY PULTE HOMES 12r755 , 56 YORKVILLE BRISTOL 21170 , 247 . 86 YORKVILLE PUBLIC LIBRARY 172 , 600 . 00 YORKVILLE PARK & RECREATION 17 , 350 . 00 YORKVILLE SCHOOL DIST # 115 649 , 173 . 77 . EXPENSE DISBURSEMENTS UNDER 21500 . 00 125 . 58 TOTAL $ 3 , 312 , 827 . 27 0 C/p` Reviewed By: Agenda Item Number J� ,a O.0 Legal E] EST. Amy 1836 Finance r]1 Engineer 11 Tracking Number 0 Cl rl y City Administrator ❑ p �ma�• 20 Consultant El Fl 2007-98 ` <GE Agenda Item Summary Memo Title: Risk Management Annual Bill Meeting and Date• COW/CC—November 13, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Susan Mika Finance Name Department Agenda Item Notes: `,�r�11 CITY Memorandum o To: City Council esr �_ 7636 From: Susan Mika, Finance Director Date: October 31 , 2007 0 [� p Subject: Risk Management Annual Bill Attached is a copy of the risk management annual bill. In the past, we have always went with option 1 , which is the min/max range. Last fiscal year, it was determined to go with the fixed annual amount because of the number of workman's compensation claims increasing as well as the severity of the claims. Eric Little, a representative from IML, will be in attendance at the Committee of the Whole meeting to give a presentation and give a better explanation of this policy to the Council. Kenneth A. Alderson - Managing Director October 5, 2007 Valerie Burd, Mayor United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mayor Burd, Thank you for your continued membership in the ILLINOIS MUNICIPAL LEAGUE RISK MANAGEMENT ASSOCIATION. The IMLRMA has been meeting the risk management needs of Illinois municipalities for 27 years and remains a leader in the industry by providing our professional services to 783 Illinois municipalities. We are pleased to offer you the opportunity to renew your coverage with the IMLRMA, effective 12/31 /07- 12/31 /08. Enclosed, please find the invoice for your 2008 renewal contribution. Although we continue to face many challenges, such as expanding workers' compensation benefits, lack of an aggressive workers' compensation medical fee schedule, the erosion of the tort immunity act, a volatile insurance marketplace, and rising reinsurance premiums, we try our best to keep your cost to a minimum. In addition, although we had a few issues in the transition, we believe CCMSI has improved our overall level of claim handling and you will continue to experience a higher level of service and ultimately a reduction in the total cost of claims. By belonging to the IMLRMA your municipality can have the confidence that your risk management needs will continue to be met by experienced and service-oriented claims, loss control and customer service professionals. You will also continue to receive the coverages your municipality needs from workers' compensation to public officials liability to the recently added public officials bond coverage. It remains our goal to provide our members with a comprehensive, cost-effective program that meets the needs of Illinois municipalities. We are pleased that we are able to continue to meet that goal at reasonable and affordable rates for our members. The Illinois Municipal League Risk Management Association would like to offer your municipality the opportunity to save 2% off of your annual contribution by simply mailing your payment by November 16, 2007. If you choose not to take advantage of this early renewal option, your "normal" contribution payment should be made by December 14, 2007. As an alternative, you may pay 51 % by the due date and another 51 % by June 13, 2008. Thank you again for making the Illinois Municipal League Risk Management Association your choice for professional risk management services. If you have any questions concerning your contribution, the services available in the IMLRMA, or if you would like a personal visit to discuss your coverages in detail, please contact Fran Rice (ext. 1337) or Julia Reynolds (ext. 1199) at 1 -800-252-5051 . Cordially yours, 42,6&� Kenneth A. Alderson Managing Director cc: Denise Kasper, Risk Management Coordinator Enclosures Insuring Illinois Municipalities Since 1981 2 East Maio • 3rd Floor Towne Centre • Danville, n. 61832 Yorkville Ph: 217446-1089 • Mr: 217443-0927 www.imlrma.org IL N DDte: October 5 2007 Municipality: YORKVILLE 12/31 /2007 To 12/31 /2008 IMLRMA CONTRIBUTION Annual with 2% Discount $ 199,285.94 Early: Payment OR By November 16, 2007 51 % of Annual Payment $ 101,635,83 Balance Due by June 13, 2008 Annual Payment $203,353.00 Annual Payment ` OR By December 14, 2007 51 % of Annual Payment " ,� $ 103,710.03 Ij Balance Due by June 13, 2008` Nlak+e checks payable to: IMLRMA PO Box 5180 ` ' t � Spr�ng'F�eld, IL 627p5-5180 - 4 \ C0 NT[z113UTIQN BREAKDOWN 141 j ) e b $2U3S $1Q04Z6 $bY,347 $730 $7,221 $33429 � i c OS,�QA83 ,1 t 1 ,y f L { N \ INyO10E2000 00G '-1 If i CA " � United City of Yorkville pW a �_ WATER DEPARTMENT REPORT JULY 2007 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 463 206 6,069,000 4 1393 542 189 13,772,000 7 1500 883 550 9,052,900 8 1500 861 476 44,000 9 1500 1125 577 27,652,000 TOTAL 56,589,900 CURRENT MONTH'S PUMPAGE IS 8.018,700 GALLONS MORE/ ss HAN LAST MONTH YEAR MORE 16.968.900 GALLONS LESS THAN LAST DAILY AVERAGE PUMPED: 1,765 300 GALLONS DAILY MAXIMUM PUMPED: 9.151,400 GALLONS DAILY AVERAGE PER CAPITA USE: 176.5 GALLONS WATER TREATMENT CHLORINE FED:1946.5 LBS. CALCULATED CONCENTRATION: 4.0 MG/L FLUORIDE FED: 827 LBS. CALCULATED CONCENTRATION: 0.31 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 2 SAMPLE(S) TAKEN CONCENTRATION: 1.12 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 4 NUMBER OF LEAKS OR BREAKS REPAIRED: 3 NEW CUSTOMERS MXU'S RESIDENTIAL; 59 COMMERCIAL: 8 INDUSTRIAL/GOVERNMENTAL: COMMENTS On 7/16/07 We had 3 waterbreaks Replaced leaking valve at Heustis & Orange Also had a hole in the pipe at the ppe at the same intersection. 219 Elizabeth St had a hole in 4"watermain. 600,000 gallons of water lost due to main breaks. On July 251h well #7 went down for emergency repairs. United City of Yorkville C # 5 WATER DEPARTMENT REPORT 7 '' `` � aC��- �GJ`I AUGUST 2007 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 463 203 1,118,000 4 1393 542 187 8,792,000 7 1500 883 551 0 8 1500 861 477 634,000 9 1500 1125 575 43,000,000 TOTAL 53,544,000 CURRENT MONTH'S PUMPAGE IS 3,045,900 GALLONS MORE/ S THAN LAST MONTH 53.519,264 GALLONS MO /LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1.611,000 GALLONS DAILY MAXIMUM PUMPED: _2,350,000 GALLONS DAILY AVERAGE PER CAPITA USE: 161.1 GALLONS WATER TREATMENT CHLORINE FED: 1649 LBS. CALCULATED CONCENTRATION: 4.2 MG/L FLUORIDE FED: 660 LBS. CALCULATED CONCENTRATION: 0.32 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 2 SAMPLE(S) TAKEN CONCENTRATION: 1.02 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 21 NUMBER OF LEAKS OR BREAKS REPAIRED: 2 NEW CUSTOMERS MXU'S 11 RESIDENTIAL: 43 COMMERCIAL: 6 INDUSTRIAL/GOVERNMENTAL: COMMENTS 2 service leaks at intersection of Wood Sage &Cornerstone & 708 S Bridge St. Water lost due to leaks 135,000 gallons. Well #7 still down for emergency repairs. `QED Co. Reviewed By: Agenda Item Number J= T Legal ❑ C f} W(p Finance ❑ EST. 1836 x.,115 1�7 Engineer �1^'' Tracking Number {O 11 f y City Administrator F] Consultant ❑ F1 P W a out- 169 Agenda Item Summary Memo Title: Raintree Village Units 1-6-Letter of Credit Reductions Meeting and Date: COW/CC-November 13, 2007 Synopsis: Two SSA bonds guarantee completion of public infrastructure,therefore some of letters of credit may be released or reduced accordingly. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to concurrence by the City Attorney and receipt of waivers of lien. Submitted by: Joe Wywrot City Engineer Name Department Agenda Item Notes: J2`,ttf4O C1J.1, � Memorandum esr , `= 1836 To: Brendan McLaughlin, City A strato o� © From: Joe Wywrot, City Engineer p CC: Michael Roth, City Attorney U Lisa Pickering, Deputy City Clerk CE Date: October 15, 2007 Subject: Raintree Village Units 1 through 6 — Letter of Credit Reductions Attached find a request from Lennar to release and/or reduce nine letters of credit that they have in place for six units of the Raintree Village development. I have reviewed the developers request and in general concur with the amount of work remaining. The only significant difference is for Unit 1, where I recommend that we retain the estimated cost of the roadway surface course until such time as the issue regarding the surface course is resolved. Construction of the Raintree Village development is funded partially by two SSA bonds. These are commonly referred to as SSA North (for Units 1 , 2, and 3) with a par value of $7,150,000 and SSA South (for Units 4, 5, and 6) with a par value of $9,400,000. Section 3.8 of the bond documents state that the city shall not require securities to be established for any cost of the public improvements that are paid for by the SSA bonds. The main difference between this reduction and a normal reduction is that we would not retain 15% of the estimated cost of the work prior to final acceptance. This 15% amount is intended to guarantee that punchlist work is completed. Lennar has acknowledged that they will establish 10% warranty bonds, as required by ordinance, when all punchlist work is completed and the public infrastructure for the various units is accepted by the city. I recommend that Letter of Credit No. FGAC-06115 for Unit 1, Letter of Credit No. FGAC- 05372 for Unit 4, and Letter of Credit No. FGAC-04325 for Unit 5 be released. While there is still a small amount of uncompleted work related to erosion control in Units 4 and 5, 1 recommend that these dollar amounts be shifted to the remaining letters of credit for those individual units to allow those two letters of credit to be released. I also recommend that the remaining letters of credit be reduced as follows: Unit LOC No. Current Amount Reduction Remaining Amount I FGAC-06116 $ 6237108. 10 $523,162.10 $ 999946.00 2 FGAC-06117 $ 8809058.84 $7279153.05 $152,905.79 3 FGAC-06118 $ 649,226.23 $550, 178.25 $ 999047.98 4 FGAC-06108 $1 ,025,820.60 $6295011 .48 $3969809. 12 5 FGAC-05167 $ 854,878.11 $351 ,694.00 $503,184. 11 6 FGAC-06137 $ 192509203.56 $3595075.26 $891 , 128.30 Refer to the attachment for more specific details. The release and/or reduction of these letters of credit should be subject to concurrence by the City Attorney, and also upon receipt of sufficient waivers of lien that demonstrate that the work guaranteed by the SSA bonds has been paid for. Please place this item on the November 6, 2007 Public Works Committee agenda for consideration. October 11 , 2007 Joe Wywrot United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Raintree Village Community Dear Joe: By this letter, Lennar Communities of Chicago, on behalf of Raintree Village L.L.C., hereby requests that the United City of Yorkville release or reduce the Letters of Credit guaranteeing the installation of the public improvements at Raintree Village as summarized below. FGAC — 06115 Unit I Earthwork & Erosion Control: release FGAC — 06116 Unit 1 Site Improvements: release FGAC — 06117 Unit 2 Earthwork & Improvements: reduce to $ 108,075 FGAC — 06118 Unit 3 Earthwork & Improvements: reduce to $ 83,754.31 FGAC — 05167 Unit 5 Site Improvements: reduce to $445, 191 FGAC — 04325 Unit 5 Earthwork & Erosion Control: release FGAC — 06108 Unit 4 Site Improvements: reduce to $342,553 FGAC — 05372 Unit 4 Storm & Detention: release FGAC — 06137 Unit 6 Earthwork & Improvements: reduce to $809,634.5 The attached Public Improvement Analysis provides greater detail. The installation of the public improvements is also guaranteed by the Special Service Area. I have included for your reference a copy of the September, 2007 statement from Bank of New York evidencing the $2,746,306.83 in the improvement fund currently available for reimbursement for the cost of the improvements. Finally, I have enclosed the Engineer' s Estimate showing work completed and outstanding to back up this request. Please review this information at your earliest convenience, and contact me at 847/252-5037 or via e-mail at Robert.Zoromskl @lennar.COm. Thank you for your attention this matter. Si e ely, l V Robert Zoromski Land Development Area Manager 2300 Barrington Road, Suite 700, Hoffman Estates, It 60169 • Phone: 630-339-4800 • Fax: 630-339-4801 t = r LENNAR .COM Q c c O y O W ot) ml 3 E a o 3 E 3 0 0 O E ti' v 3 3 E r d r m 3 K win cR w (n win ;F « 00 0 � m # °o o 2i O 0 N Oi .- O m 001_ 000 eN- U O in irs O ea �» J J (9 3 3 w m z z ss0 � O V O A N O cV M M Ol "O Q O C6 N Q '>pa O O rtm0 0f00 01 ap M 1l: O as N N aODN ON v c 0NN m � O 9 o W tDm ` H O NOD M O 0) c O C6 CT O N m j C O m r a0 N h U f9 N N• N N U N• O N N m> CIF G C O O N Om0 c Imp O Or C (6 cm � °m o vo 3 :c n p mvrn rn H � Em O O O E m n N N 9 C 0.. 001 M p01 Di N N (V O N V f9 M f9 M m f0 0 O � N 07 T 0 00 0 0000 od 00 °o °0 00 wE > 0 N O V m 0 d O 0, 3 N n q N N >` U mm m vo m o, W W C) W O M 000 U m N_ V M M M N � �- c m > N f9 f9 19 � Q O) O Q M Y p O m N NO co 'cQ "'cQv o d M y E N � 00 N IN O`n q 0 w Nm a0 N� V V r rn NO` U 0 N V O n �O n 7�N [n000m 1 V C � C m N mc" .o O>0 c N c S OS m m rr m n 0 N tn0 M N N Ol m m m m C umi m V m C p m U U C) U m U U U U QU m QQQ O UUU J QQQQ' Q aci m LL E C0 O U O O D 0 Z y r r r r O fQn C C G G p co L > E > v o � o U V1 > > > >) F m 7 > > `QED C/T y Reviewed By: Agenda Item Number J= T Legal ❑ { Finance EST. : 1836 t (o191o7 Engineer � Tracking Number -4 City Administrator ❑ 0� Consultant ❑❑ {�yy 0 CAD-} - l Lo b Agenda Item Summary Memo Title: In-Town Road Program—Sidewalk Easement Agreement Meeting and Date: COW/CC—November 13, 2007 Synopsis: This agreement has been signed and needs to be approved prior to recording. A check in the sum of$90.00 is due to Mr. &Mrs. Lear. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Jackie Dearborn Engineering Name Department Agenda Item Notes: c/T o United City of Yorkville Memo a + . T 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 04 -�` Telephone: 630-553-8545 o� o Fax: 630-553-3436 ALE Date: October 19, 2007 To: Brendan McLaughlin City Administrator , From: Jackie Dearborn, Engineering Department CC: Lisa Pickering, Deputy City Clerk 4— Joe Wywrot, City Engineer Subject: In-Town Road Program - Sidewalk Easement Agreement Attached find one copy of the sidewalk easement across the Lear property at 301 Adams Street. This easement was necessary to save a large black walnut tree at the southwest corner of Adams and VanEmmon. A check in the sum of ninety dollars ($90.00) is due and payable to Mr. and Mrs. Lear. This document has been signed by the Lears, and now needs to be approved by the City Council before recording. Please place this item on the November 6, 2007 Public Works Committee agenda for consideration. GRANT OF PERMANENT SIDEWALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the Grantors: JOHN LEAR and MARINA LEAP, in consideration of the sum of NINETY AND 00/100 DOLLARS ($90.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non exclusive, permanent easement (the "Permanent Sidewalk Easement"), as described herein, to construct, replace, maintain, and operate a sidewalk, in the event any are actually installed in, upon, and across the tracts of land described as follows, to-wit: BURDENED PARCEL Grantors are the owners of that certain tract of land located on Adams Street in the City of Yorkville, Kendall County, State of Illinois and legally described on Exhibit A attached hereto (the `Burdened Parcel"). PERMANENT SIDEWALK EASEMENT The Permanent Sidewalk Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit A, attached hereto (the "Permanent Easement Area"). Said grant of easement are made under the additional following terms and conditions: 1 . Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a sidewalk in and upon the Permanent Easement Area at Grantee's sole cost and expense. 2. In addition to other terms of this easement agreement, Grantee shall compensate Grantor the amount of $90.00 total for the 90 square feet of property at $1 per square foot of the easement area. 3. Grantee shall thereafter, at Grantee's sole cost and expense: a. Restore the grassy surface of said Permanent Easement Area in a uniform manner, free of all debris, rocks in excess of one inch (I "), and gravel, and provide a covering of a min;mum of six inches (6") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. 4. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 5. All notices and demands hereunder shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, addressed as follows: If to Grantee: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 If to Grantors: John and Marina Lear 301 Adams Street Yorkville, Illinois 60560 6. Said easements shall be treated as a covenant running with the land. 7. Said permanent easement shall be binding upon the successors, heirs, and assigns of each party hereto. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and seal this day of 2007. 4;a Mayor, United City of Yorkville John Lear City Clerk Marina Lear STATE OF ILLINOIS ) COUNTY OF KENDALL ) JOHN LEAR and MARINA LEAR allege and state that they have read the foregoing Grant of Permanent Watermain Easement Agreement by them subscribed, that they have knowledge of the facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. John Lear Marina Lear Subscribed and swom to before me, OFFICIAL SEAL \gA _, 2007. DENISE KASPER NOTARY PUBLIC - STATE OF ILLINOIS d - MY COMMISSION EXPIRES SEPTEMBER 14, 2DDB Notary Public Prepared by and return to: City Attorney Michael Roth 800 Game Farm Road Yorkville, Illinois 60560 (630) 553-4350 Plat of Permanent Sidewalk Easement for Part of Section 32 - 37 - 7 Bristol Township , Kendall County , Illinois VAN EMMON ST , 100.00' ~U "o •- 50,00' 50.00' 1; LOT 6 LOT 5 0 0 CS ° (n s� Q c 100,00' Legal Description for Permanent Sidewalk Easement That part of Section 32, Township 37 North, Range 7 East of the Third Principal Meridian, described as follows, Beginning at the Northeast corner of Lot 5 In Block 25 of the Original Town of Yorkville, said point also being the Intersection of the south right-of-way line of Van Emmon Street and the west right-of-way line of Adams Street) thence west along said Van Emmon right-of-way line a distance of 20.00 feet) thence southeast along a line to a point that is 6.00 feet south of the north property line and 10,00 feet west of the east property line of said Lot 51 thence east to a point on the east property line of said Lot 5, said point being 6.00 feet south of the Point of Beginningi thence north along the east property line a distance of 6.00 feet to the Point of Beginning) all in the United City of Yorkville, Kendall County, Illinois, commonly known as 301 Adams Street, [V/171 Ex Scale Permanent Sidewalk Easement e 'A' 18= 30' `�fpD C/py Reviewed By: Agenda Item Number JZ T Legal ❑ { ' ® 1836 Finance El EST. , �o � Engineer �"' -��_ Tracking Number -4 W City Administrator Consultant ❑❑ Py! (9 on Il05 <LE ��• Agenda Item Summary Memo Title: Speedway Station— Storm Sewer Replacement Meeting and Date: COW/CC—November 13, 2007 Synopsis: This proposal is for replacement of a section of 48" CMP storm sewer that runs through the Speedway site. The proposal is for the amount of$12,000.00. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum ESI 1836 To: Brendan McLaughlin, City Administrat r Og , y From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City CI Sue Mika, Finance Director <LE Date: October 30, 2007 Subject: Speedway Station — Storm Sewer Replacement This project began construction earlier this month. During construction we identified a problem with an existing storm sewer that runs through the eastern part of the site. Please refer to the attachment. Although we knew a storm sewer existed in this general area, we had limited information about its size and alignment and no information about its depth or condition. The sewer was probably constructed about 50 years ago, and there are no manholes along its length to allow for inspection. The Speedway redevelopment plan included the realignment of a deep sanitary sewer in the general area of the storm sewer. During the construction of this sanitary sewer the storm sewer was exposed at two locations and we determined that it is a 48" diameter corrugated metal pipe (CMP) about 15 feet deep. The sewer has deflected over time such that it is no longer round, although it still functions. The sewer will be located about 10 feet from the future Speedway convenience store. Speedway will replace two sections of the storm sewer at the points were it has been crossed by the new sanitary sewer. This would leave a 40-foot section of the older sewer in place immediately adjacent to the Speedway store. We asked the contractor onsite for a price to replace this 40-foot section, and have received a quote of $12,000. The cost of replacing this sewer should it fail after the Speedway site is re-developed could easily be twice or three times that much due to the additional costs of protecting the building and restoration. This item was discussed as Additional Business at the Committee of the Whole meeting of October 4, 2007, and the consensus was to proceed with the work. The work has since been completed. We need to process the quotation through the normal channels for approval and then pay the contractor for this work. Please place this quotation on the Public Works Committee of October 30, 2007 for consideration. Oct 30 07 11 : 37a SandK Excavating 630 553 9471 p12 PROPOSAL S & K EXCAVATING & TRUCKING, INC. 7225 CATON FARM ROAD YORKVILLE, IL. 60560 PHONE: (815) 695- 1100 FAX: (815) 695-1101 PROPOSAL SUBMIT'T'ED TO: City of Yorkville Joe Wyratt DATE: October 10, 2007 PHONE: 630-553-4350 FAX: 630-553-3436 S & K EXCAVATING & TRUCKING, INC. HEREBY PURPOSES TO: 70B: Storm Sewer near Speedway Description of Work: 70' 48" Storm Sewer Installed Labor Materials Trench Backfill TOTAL $ 12,000.00 *Quo o not include En ' ee , Layo t rmits or Bonding. BY: The Cus r all pay 1 .5% per interest o an a ance remaining on any outstanding invoice 30 days aft voice date. Customer shall pay conh tor' reasonable attorney fees and costs to collect any account over thirty days, 10% liquidation damage consents to jurisdiction of any dispute with the Eighteenth Judicial Circuit Court of Dupage County, lL. Date Accepted By r I,,, II llrtrt K1 )o BUILDING NEW C23( ,LAW" 71 pvip -- ----- --- ------- I L 7t 6 C/py Reviewed By: Agenda Item Number A Legal ❑ oil ti 9 1036 Finance ❑ �0'��0'7 Engineer CO�'"' Tracking Number City Administrator ❑ Consultant ❑ ❑ pW 000 — NLP <LE Agenda Item Summary Memo Title: Autumn Creek Unit 1 —Bond Reduction No.1 Meeting and Date: COW/CC—November 13, 2007 Synopsis: These two bond reductions for earthwork and sitework improvements are based on work completed to date. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrol Engineering Name Department Agenda Item Notes: Memorandum EST. , 1836 To: Brendan McLaughlin, City Administrator ®9 ® �\ From: Joe Wywrot, City Engineer �,e.� p CC: Lisa Pickering, Deputy City ClerlU Jackie Dearborn, Civil Engineer L� E Date: October 30, 2007 Subject: Autumn Creek Unit 1 — Earthwork Bond Reduction No. I Sitework Bond Reduction No. I Attached find a request from Smith Engineering Consultants, on behalf of Pulte Home Corporation, to reduce the bonds for Autumn Creek Unit 2. The request is based on work completed to date. I have reviewed the request and in general concur with the amount of work performed. The only difference was in the erosion/sediment control category, where I recommend that we retain 20% of the cost until the area is completely stabilized. I recommend that Fidelity & Deposit Company of Maryland Bond #08824717 for site improvements be reduced by the amount of $5,291 ,681 .62. The remaining amount of the sitework bond would be $2,132, 149.79. I recommend that SafeCo Surety & Bond Company Bond # 6346371 for earthwork and erosion/sediment control be reduced by the amount of $ 1 ,710,272.08. The remaining amount of the earthwork bond would be $393,190.27. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. Page 1 of 1 Joe Wywrot From: Stanko Jeff [Jstanko @secgroupinc.com) Sent: Thursday, September 27, 2007 4:43 PM To: Joe Wywrot Cc: Jason Polakow; Huinker Pete; Huhn Ken; Hanegmon Matt Subject: Autumn Creek Subdivision Attachments: 040024.05-Autumn Creek-LOC Reduction #1 -092707.pdf Mr. Wywrot, On behalf of Pulte Home Corporation, we hereby submit for your approval Letter of Credit Reduction Request #1 , dated September 27, 2007, for construction activities completed to date at Autumn Creek Subdivision. Please find the aforementioned document attached for your review. If you should have any questions or require any additional information, I can be reached at 630.553.7560. Thank you. Jeffrey R. Stanko, P. E. Civil Engineer III Smith Engineering Consultants A Division of SEC Group, Inc. 651 Prairie Pointe Drive, Suite 201 Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupiac com The contents of this transmission and any attachments are confidential and intended for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. 9/7 R/7M17 U C N a m U U 1� a C r CD 0 0 h f6 O G ' O V d' M N 0 m E Z V d m OOi C Lo 0 d Oi tO � r7 M -i d' cn t0 M O .- G C%4 U) ce) O ON O Q E m ° r0 M m = M O m Z O Cco CN E Q OOO U U M rn C 1 > a - » 0 O N J dr 0000 O. 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(9 HT (9 O C N N CL _ fa C N % a 0 G N d .2 m U O l0 U r0+ (� E y a) C U '30 r w W U) L = m p m r 'O OpmN CM N N l6 ,p � L 'a U C C00 M � V' (OO V C O O .Y m 'O ONO 0M M0 rrM V' 0 � Er � " 7 y o co O O EU °n' (�DN � r V 00 (a 0 0 0) CL m rOn m (D ik OOT- nOm -Tn (00N o ° O f0 CD "O (6 C U) C C_ J N � MN N r7 � o U E@ C la a) O ON r `-' U m m °� °- vi m to (r» U). ° 3 a) c '� p D O O aai = E o J y U N G w oN(} Q u9 (n (» of C J C y 00 oo ; 3 N L.a a) NO O co NW M O y O ` � Ln —N W 4 to N O O co o arm MM W N N a)oair > j rvou v mm a O M U U U V C-4 to 00 W W W(D O"�ZO m O` a0 5 a Q ii m H � C\l cr) � o `0 a) (a w E E o d W o cU m 3 c � o c (n n c a � a v�' Em �_ Emm iii a � 'o m d m C .... W lA 2' ff1 � � fn co h Z m Reviewed By: Agenda Item Number J� T Legal ❑ Finance ❑ EST. , 1836 Engineer Tracking Number -C City Administrator ❑ 09 � `=O Consultant ❑❑ �.� �� _ �9 <LE ��'�• Agenda Item Summary Memo Title: Kendallwood Estates—Offsite Easement Meeting and Date: COW/CC-November 13, 2007 Synopsis: This easement agreement will allow the Kendallwood Estates developer to construct watermains,and construction and emergency entrances to Rt.126. 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: CIpy A Memorandum EST. 1 `. 1836 To: Brendan McLaughlin, City A 'nistrator O9 0 y From: Joe Wywrot, City Engineer N -�5 p CC: Lisa Pickering, Deputy City C k Date: October 30, 2007 Subject: Kendallwood Estates — Offsite Easement Attached find one copy of a proposed easement agreement between the Kendallwood Estates and Woodstone developers. The agreement allows the Kendallwood Estates developer to construct watermains across the Woodstone property, as well as build a construction entrance and provide an emergency access point to Route 126. I have reviewed the agreement and recommend approval. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. 16/16/07 GRANT OF EASEMENT AGREEMENT FOR WATER MAIN CONSTRUCTION, AND EMERGENCY ACCESS. This Grant of Easement is made this _ day of T , 2007, by Yorkville 126, LLC., an Illinois Limited Liability Company (hereinafter referred to as "GRANTOR") to The United City of Yorkvillle, an Illinois Municipal Corporation, (hereinafter referred to as "CITY") and Kendall Land Development LLC., an Illinois Limited Liability Company, (hereinafter referred to as "GRANTEE"). The GRANTOR, CITY, and GRANTEE are often referred to collectively as "Parties" WITNESSETH WHEREAS, the GRANTOR is the owner in fee simple of a certain parcel of real estate, which is legally described on "Exhibit A" attached hereto and made a part hereof (hereinafter described as the "GRANTOR PROPERTY"); and WHEREAS, the GRANTEE is the owner in fee simple of a certain parcel of real estate known as the Kendallwood Estates Subdivision which is legally described on "Exhibit B" attached hereto and made a part hereof (hereinafter described as the "GRANTEE PROPERTY"); and WHEREAS, the GRANTEE PROPERTY and the GRANTOR PROPERTY are located North of Illinois Route 126 in Yorkville, Illinois, and are contiguous to one another. WHEREAS, the GRANTOR wishes to grant to GRANTEE and the CITY for ingress and egress over, upon and across a certain portion of the GRANTOR PROPERTY a temporary non- . - 132343/1 1 60068/1 exclusive emergency access easement legally described on "Exhibit C" attached hereto and made a part hereof (hereinafter described as the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES"); and. WHEREAS, the GRANTOR also wishes to grant to GRANTEE a Permanent utility easement upon that portion of the GRANTOR PROPERTY legally described on "Exhibit C" to provide for the installation and maintenance of a 12" and an 8" water main. WHEREAS, the parties wish to make certain agreements regarding such easements. NOW, THEREFORE, in consideration of the payment of the non-refundable sum of $ 10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: Recitals Incorporated 1 . The foregoing recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set forth herein. Grant of Easements 2. (A) The GRANTOR hereby grants to the CITY and GRANTEE and their successors and assigns, as an easement appurtenant to the GRANTEE PROPERTY, a non-exclusive temporary emergency service access for ingress and egress over, upon and across the portion of the GRANTOR PROPERTY, identified as the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, and legally described and depicted on Exhibit "C" attached hereto, belonging to the GRANTOR PROPERTY. GRANTOR further grants to GRANTEE at GRANTEE' S sole expense the right to construct a temporary emergency access drive within said TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, as well as to construct and install the water mains described in subsection (C) below. (B) The TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES shall serve to provide a means of access for emergency equipment and emergency personnel to and from the GRANTEE PROPERTY to Illinois Route 126. (C) The GRANTOR hereby grants to the CITY and GRANTEE and their successors and assigns, as an easement appurtenant to the GRANTEE PROPERTY, a non-exclusive permanent utility easement to provide for the installation and maintenance of an 8" and a 12" water main over, upon, along, under, through, and across the portions of the GRANTOR PROPERTY as identified as the PERMANENT EASEMENT PREMISES, and legally described and depicted on Exhibit "C" attached hereto, belonging to the GRANTOR PROPERTY. GRANTOR retains the right to tap into the water mains at a location or locations of its choosing on the GRANTOR PROPERTY. 132343/1 2 60068/1 - (D) Upon GRANTOR obtaining its first building permit from the City of Yorkville for the GRANTOR PROPERTY, GRANTOR shall reimburse GRANTEE for a portion of GRANTEE' S costs incurred in extending and constructing the water mains through the GRANTOR PROPERTY which will serve to benefit the GRANTEE PROPERTY and the GRANTOR PROPERTY. Said reimbursement shall be the subject of a mutually acceptable recapture agreement entered into between the GRANTEE, GRANTOR and the CITY. If the GRANTOR does not obtain a building permit from the City of Yorkville within the term of the recapture agreement, then upon the expiration of a fifteen year period commencing with the date of this agreement, GRANTOR shall reimburse GRANTEE directly for it's proportionate share of water main improvements. The engineers estimated recapture costs for design, engineering, and construction and percentage allocation to each party for the water mains is attached hereto as Exhibit "D". (E) The right is also granted to trim or remove any trees, shrubs or other plants on the PERMANENT EASEMENT PREMISES that interfere with the operation of the water mains. No permanent buildings shall be placed on the PERMANENT EASEMENT PREMISES, but same may be used for landscaping, recreational facilities, and other purposes that do not interfere with the aforesaid uses or rights. (F) GRANTOR also hereby grants to the GRANTEE, its successors and assigns a temporary construction easement and an access easement over, upon, under, across, and through a parcel of real estate twenty-five (25) feet wide and located adjacent to the PERMANENT EASEMENT PREMISES and the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, legally described and depicted on Exhibit "C" attached hereto for the purpose of constructing and installing water mains and related facilities, all upon the terms and conditions set forth herein, hereinafter "TEMPORARY WATER MAIN CONSTRUCTION EASEMENT". The TEMPORARY WATER MAIN CONSTRUCTION EASEMENT PREMISES shall automatically terminate and be of no Rirther force and effect on the second anniversary of the date this Agreement is recorded. (G) The GRANTEE shall have the perpetual right, privilege, and authority to access, survey, construct, reconstruct, test repair, inspect, maintain, renew, operate, and patrol the water mains, together with any and all necessary connections, appliances, appurtenances, hydrants and other structures related to the water mains as may be deemed necessary by said GRANTEE, over upon, under through the PERMANENT EASEMENT PREMISES, for the purpose of serving the Kendall Wood Estates, together with the right of access along Route 126 for necessary men and equipment to do any of the above work. GRANTEE shall conduct such work in a manner that does not interfere with or diminish the utility service to the GRANTOR during the GRANTOR' S business hours and in a manner that does not interfere with the conduct of business on the GRANTOR PROPERTY; and if the watermain is being relocated, then the GRANTOR and GRANTEE shall coordinate such interruption to eliminate any detrimental effects. Any party undertaking such work shall notify the other parties to this Agreement at least ten (10) days prior 132343/1 _ 3 60068/1 to starting such work. (H) The above notwithstanding, GRANTEE, or its designees, shall, upon the completion of any work authorized by this grant, restore the TEMPORARY WATER MAIN EASEMENT PREMISES and PERMANENT EASEMENT PREMISES to the same surface condition that existed prior to the beginning of the work. Termination of Temporary Emersency Access Easement 3 . If GRANTOR chooses in its sole discretion to construct a public road on the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, the rights granted in the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES created- herein shall terminate immediately upon completion of construction and acceptance by the CITY of the public road. Limitations On Use of the Easements 4. Other than the construction of a temporary gravel or binder course emergency access driveway, and the aforesaid 8" and 12" water mains for the purposes stated in paragraph two (2) of this Agreement, no structure or obstruction of a permanent nature shall be installed or constructed by GRANTEE over, under or through the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES or the PERMANENT EASEMENT PREMISES. 5. GRANTEE agrees that all work performed in constructing the temporary access upon the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES and the water mains upon the PERMANENT EASEMENT PREMISES shall be in accordance with plans, design, and specifications approved by the CITY and GRANTOR. 6. GRANTOR, CITY, and GRANTEE hereby acknowledge and agree that emergency vehicles, emergency equipment and emergency workers shall have unobstructed access between Illinois Route 126 and the GRANTEE PROPERTY upon the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES. GRANTOR reserves the right to erect such barriers as may be approved by the CITY to insure that the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES is used only by emergency vehicles and workers. GRANTEE agrees that if CITY requires GRANTEE' S contractors or agents to use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access and said contractors or agents use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access prior to GRANTOR granting permission to GRANTEE to use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access, GRANTEE shall then pay GRANTOR $ 10,000, and GRANTOR shall immediately grant GRANTEE, its agents and contractors construction access over the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES. Further, GRANTEE agrees to include in its contracts with its contractors and subcontractors a provision prohibiting the contractors and subcontractors from using the ' TEMPORARY EMERGENCY ACCESS EASEMENT 132343/1 4 60068/1 _ PREMISES as a construction access and shall also post signs containing such prohibition. If GRANTEE' S contractors or agents use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access of their own volition, GRANTOR shall notify GRANTEE and GRANTEE agrees to cure such default within five (5) days. If GRANTEE' S contractors or agents continue to use the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES as a construction access the GRANTEE shall pay GRANTOR $ 10,000 within ten (10) days following demand from GRANTOR. Maintenance of Easement 7. GRANTEE, its successors or assigns shall be solely responsible to maintain the access drive located upon the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES until such time as the GRANTOR commences development of the GRANTOR PROPERTY. Thereafter, GRANTOR shall reimburse GRANTEE for 50% of the obligation to maintain the TEMPORARY ACCESS EASEMENT PREMISES unless a public street has been constructed upon said TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, and has been dedicated to the CITY. GRANTOR shall have the right to audit GRANTEE' S books relating to such maintenance for which GRANTEE is requesting reimbursement from GRANTOR. 8. All maintenance and repair of the PERMANENT EASEMENT PREMISES and TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES shall be made so as to interfere as little as practicable with the GRANTOR PROPERTY and the rights granted to the GRANTEE pursuant to this Agreement and with the operations of GRANTEE or GRANTEE' S employees, agents, tenants, invitees or licensees. Covenants Runnine With The Land 9. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Successor Owners 10. Whenever a transfer of ownership of either GRANTOR PROPERTY or GRANTEE PROPERTY occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the property or portion thereof being transferred with the exception that no obligation created pursuant to this Agreement shall apply to individual lot purchasers in the Kendallwood Estates Subdivision, so long as GRANTEE remains the owner of more than 132343/1 5 6006811 - twenty-five percent (25%) of the GRANTEE PROPERTY. Once GRANTEE has sold twenty- five percent (75%) or more of the GRANTEE PROPERTY, or if GRANTEE sells the GRANTEE PROPERTY as a whole parcel, GRANTEE shall be required to post its maintenance bond with the CITY to cover the cost of maintaining the PERMANENT EASEMENT PREMISES and TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES. Appurtenance 11 . All easements granted pursuant to the terms of this Agreement are and shall be appurtenant to the GRANTEE PROPERTY which benefits from such easement. The rights granted under this Agreement to the PERMANENT EASEMENT PREMISES and TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES may not be divided or . separated from the ownership of the GRANTEE PROPERTY to which the easements are appurtenant. Rule of Strict Construction 12. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a usable right of enjoyment of the CITY, GRANTOR and GRANTEE. Effective Upon Execution 13 . This Agreement shall be in full force and effect upon execution thereof by all Parties hereof. Amendments 14. No amendment to this Agreement shall be valid and effective unless signed by all parties to the Agreement. Conflict of Law 15. This Agreement shall be construed and governed by the laws of the State of Illinois, without regard to its conflict of law provisions. Constructive Notice 16. Every person now or hereafter owning or acquiring any right, title, or interest in or to any portion of the GRANTOR PROPERTY or GRANTEE PROPERTY is and shall be conclusively deemed to have consented and agreed to every condition, and restriction contained herein, by reference or otherwise, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the GRANTOR PROPERTY and/or 132343/1 - 6 60068/1 - GRANTEE PROPERTY. Hold Harmless 17. GRANTEE shall defend and hold GRANTOR harmless from any and all liability or damages directly or indirectly related to GRANTEE' S work within the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES, except for damages caused when GRANTOR is solely at fault. GRANTEE shall not allow any liens or any other charges to be assessed against any of the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES or the GRANTOR PROPERTY and if any of the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES or the GRANTOR PARCEL becomes subject to any such lien, GRANTEE shall promptly cause such lien to be released and discharged of record or bonded. Prior to entry upon the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES GRANTEE will provide a certificate of insurance to the GRANTOR evidencing that GRANTEE has liability insurance of at least $2,000,000.00 naming GRANTOR as an additional insured and covering this indemnity and any personal injury or property damage which may occur on the PERMANENT EASEMENT PREMISES, the TEMPORARY EMERGENCY ACCESS EASEMENT PREMISES, or the TEMPORARY CONSTRUCTION EASEMENT PREMISES as a result of the presence of the GRANTEE, its contractors, employees, or its agents. Notices 18. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered in person to the party to whom it is addressed or two (2) days after deposit in the U.S. mail if sent postage prepaid by United States registered or certified mail, return receipt requested, to the following addresses: If to GRANTOR: Naperville 126 LLC C/O Shepherd Group LLC 500 E. Ogden Avenue, Suite 204 Naperville, IL. 60563 with a copy to: Thomas Cahill., Esq. 1155 S. Washington Street, Suite 106 Naperville, IL. 60540 If to GRANTEE: Kendall Land Development, LLC. 132343/1 - - - 7 60068/1 90 Ashkirk Court Inverness, IL. 60010 with a copy to: John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine & West Ltd. 123 Water Street Naperville, IL. 60540 If to CITY Mike Roth, City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL. 60560 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. 132343/1 8 60068/1 GRANTOR: Y LLE 126, LLC. An Illinois ited Liability Company By: Manager STATE OF ILLINOIS ) )SS. COUNTY OF IOC 6 ) I, the undersigned, allotary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Frank S wke [ ari 5 , personally known tome to be the Manager of JS r k LJ ( P I R,(o LLC, an Illinois limited liability company, and personally known to me to '... be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as the Manager he signed and delivered the said instrument, as his free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal, this day of or b her 12007. NOT PUBLIC n a v "OFFICIAL SEAL" C Thomas B. Cahill Notary Public, State of Illinois My Commission Expires 12/06107 132343/1 - 9 60068/1 . GRANTEE : ]KENDALL LAND DEVELOPMENT LLC. An Illinois Limited Liability Company By: Manager 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 me to be the Manager of Kendall Land LLC, an Illinois limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as the Manager he signed and delivered the said instrument, as his free and voluntary act, and as the free and voluntary act and deed of said limited liability company, for the uses and purposes therein set forth. Given under my hand and official seal, thus day of 2007. NOTARY PUBLIC 132343/1 10 , 6006811 CONSENTED TO BY: THE UNITED CITY OF YORKVILLE. An Illinois Municipal Corporation By: Mayor By: City CIerk This instrument was prepared and after recording return to: Vincent A Rosanova. Dommermuth, Brestal, Cobine & West, Ltd. 123 Water Street Naperville, IL 60540 132343/1 - - 11 60068/1 - LIST OF EXHIBITS Exhibit A: Legal Description of the GRANTOR PROPERTY Exhibit B : Legal Description of the GRANTEE PROPERTY Exhibit C: Legal Description of the EASEMENT'S Temporary Emergency Access Easement Permanent Easement for Water Main Temporary Construction for Water Main & Emergency Access Road Exhibit D: Engineers Opinion of Probable Cost for Water Main Improvements. 132343/1 12 66owi - - EXHIBIT 46x> 132343/1 13 6006811 WOODSTpNE FEnDE�O � 1 . . I i i That part of the North half of Section 4 , Township 36 North , Range 7 East of the Third Principal Meridian , des. F cribed as follows : Commencing at a point on the East line c of the Northwest quarter of said Section 1078 . 6 feet South of the Northeast corner of said Northwest quarter being on the center line of an abandoned road ; thence South 43° 23 ' East 4 . 2 feet for a place of beginning ; thence North 430 23 ' West along the center ti line of said road 1161 . 4 feet ; thence North 68° 3971 ' West along the center line of said road 421 .3 feet ; thence South 21 ' West 386 . 3 feet ; thence North 89° 56 ' West 206 , 9 feet to the center line of Illinois Route 126 ; thence South 57° 26 ' East along the center line o - ':: said Route 126 to a point in a line drawn South 10 7 ' West from the ;: � point of beginning ; thence North 1° 7 ' East to the point of beginning (except that part conveyed to Fox and Illinois Union Railroad Company ; { by deed dated September 13 , 1921 and recorded February 28 , 1912 in Deed Record 66 , page 295 ) in the Township of Kendall , Kendall County , Illinois . I i I I EXHBIT "B 132343/1 14 60068/1 - - KENDALLWOOD LEGAL DESCRIPTION FOR PLAT OF SUBDIVISION: THAT PART OF THE WEST HALF OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7 EAST AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES 11 MINUTES 39 SECONDS WEST, 1356.81 FEET TO A POINT ON THE SOUTH LINE OF A TRACT DESCRIBED IN A QUIT CLAIM DEED FROM PALOS BANK AND TRUST COMPANY, TRUST NO. 1 - 1620 TO BRUCE 0. AND VIRGINIA J. BUHRMASTER, HIS WIFE, RECORDED AS DOCUMENT NO. 83-5890 ON DECEMBER 23 , 1983 ; THENCE NORTH 88 DEGREES 48 MINUTES 03 SECONDS EAST, ALONG THE SOUTH LINE OF SAID TRACT, 45.21 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33 ; THENCE NORTH 01 DEGREES 11 MINUTES 45 SECONDS WEST ALONG SAID EAST LINE, 937.62 FEET; THENCE NORTH 85 DEGREES 17 MINUTES 22 SECONDS WEST, 291 .34 FEET; THENCE NORTH 04 DEGREES 42 MINUTES 22 SECONDS EAST, 326.86 FEET TO THE CENTER LINE OF VAN EMMON ROAD; THENCE NORTH 85 DEGREES 17 MINUTES 09 SECONDS WEST, ALONG SAID CENTER LINE, 66.00 FEET; THENCE SOUTH 04 DEGREES 42 MINUTES 22 SECONDS WEST, 308.01 FEET; THENCE NORTH 85 DEGREES 16 MINUTES 54 SECONDS WEST. 257.22 FEET TO THE FORMER EASTERLY RIGHT OF WAY LINE OF THE FOX AND ILLINOIS UNION RAILWAY COMPANY; THENCE SOUTH 05 DEGREES 47 MINUTES 04 SECONDS WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 1211 .70 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 1 ,017.52 FEET, AN ARC LENGTH OF 309.01 FEET; THENCE SOUTH 11 DEGREES 36 MINUTES 56 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 113 .42 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 920.47 FEET, AN ARC LENGTH OF 568.41 FEET; THENCE SOUTH 23 DEGREES 45 MINUTES 47 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT, 447.21 FEET TO THE CENTER LINE OF AN ABANDONED AND VACATED ROAD; THENCE SOUTH 71 DEGREES 03 MINUTES 22 SECONDS EAST ALONG SAID CENTER LINE, 141 . 15 FEET; THENCE SOUTH 45 DEGREES 47 MINUTES 48 SECONDS EAST ALONG SAID CENTER LINE, 1 , 158.35 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 01 DEGREES 26 MINUTES 53 SECONDS WEST ALONG SAID EAST LINE 1 ,079.24 FEET TO THE POINT OF BEGINNING, AND THAT PART OF THE NORTHEAST QUARTER OF SAID SECTION 4, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREES 26 MINUTES 53 SECONDS EAST, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, 1079.24 FEET TO A POINT ON THE CENTER LINE OF AN ABANDONED AND VACATED ROAD FOR THE POINT OF BEGINNING; THENCE SOUTH 45 DEGREES 47 MINUTES 48 SECONDS EAST, ALONG SAID CENTER LINE, 179. 12 FEET; THENCE SOUTH 01 DEGREES 16 MINUTES 58 SECONDS EAST, 181 .06 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NO. 126; THENCE SOUTH 59 DEGREES 49 MINUTES 06 SECONDS EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 82.07 FEET; THENCE NORTH 01 DEGREES 16 MINUTES 58 SECONDS WEST, 273 .96 FEET; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST, PARALLEL WITH THE CENTER LINE OF SAID ABANDONED AND VACATED ROAD, 279.47 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREES 26 MINUTES 53 SECONDS EAST, ALONG SAID WEST LINE, 121 .62 FEET TO THE POINT OF BEGINNING, ALL IN THE UNITED CITY OF YORKVILLE, KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT «c„ 132343/1 15 60068/1 IX'mole RIN¢eloes peals,Clm K IPM OMM GRANT OF EASEMENT SEC GROUP, INC. Smith Engineering Consultants •SEC Aulamadon SEC Planning C51 PRMe Ranks Asks 6uM1e 301 YwkvXk IL 6W60 - PART OF THE NORTHWEST QUARTER OF SECTION 4, L �s5IS6WEG5D5nJwe . vpouvinrr-0m erD UMn9�'sC�Malr�ewl0 TOWNSHIP 36 NORTH, RANGE 7 EAST not DIE: AIMARD meat-Dez40zA+v CAST FlTALL, R0 - KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS MEW mt°'m O pOf) g 1L p CENTCRLME OF J4 VACATE ROAD AND y ABANDON ROAD J DT' ZJ 1J Q 1 ' J e FUTURE KENDALLWOOD � R=104445' ESTATES SUBDIVISION � ."d55 Aj L=16.11' / 0 s x 4 R-1048.45' / by/6h P$. P.D.B. - WAIERMAIN AND L=8.30' \ \ FIN EMERGENCY v 1 EMERGENCY ACCESS EASEMENT ORIENTATION MAP NN) )N SCALE 0 \ \ \ \ \ \ ism, WATERMAIN EASEUENi /5S�7R 71/�B% \ NO61445 \ \ HEREBY GRANTED �/ POE. P.O.fl \ \ \ w 4 4 1 Fly WRMAIN \ EASEMENT \ YDOO' TEMPORARY / \ CONSTRUCRINJ EASEMENT \ \ 221.N' \ 10.0' to Fs CURRENT NORTHERLY 4 / all V n R.D.W. LANE OF 66.00' WAMAMAIN AND 2 °s�7 \ \ \ //////IWNDIS RECEDE 126 i / 9 y A EMERGENCY ACCESS EASEMENT f HEREBY GRANTED a CENTERLINE OF ABANDONED AND � VACATED RWO - 51099\"W-' L` / / 10.00 7£MP0.PARY WATEP MAN AAD 20.00 CONS7AULR0N EALEMENT \64. / HEREBY GAAN)£N SyEFGEhUY A SC ACEKAL�ET \ L S'oYg� / P.D.B. WAY PART L1e W NP^MNEST WAFTER M ManaW A MWSW 36 NPRM RANGE J UST M MC \ WARTNAIN \ CARD pRMGWAL Y ICIFFA H BEMIS A 6600 TOST STRAP AT LAND LMNS NOF RIEASRRLY M ME EASEMENT AMW RAY AsOm OF MY LOAD rX ALIMS ROVIC 136 AND SWMi Ar Mf COVARTAL7 N AN ABANDONED AND Y LADED RWO, MMC PARMMUMY DESCRIBED AS FOLLOWS CAMEMANG AT W \ - NMMCAST eTMA'ER ILL ME NPPMMCSI OMARRR d' SAN SLLRW C MMtt SCUM OI OEW6 or NJ4 N \ ALSES A SCL S EAST, MONO MC EASY LINE W ME NSFMM T DUARTLR OF SAN SCCtlde A >B.T4 iEET M A AWAY AM MC CANISMAT GE AM ABANOOAD AND nADED 17044 MIRKY WARM 45 ➢nal 47 MOVIES 40 SEC0195' MST AFFAIR KID) CEFFMAJAK. 4'3680 FEET EM ME \ ALOFT MaRMANG MCNCE 14453 iECT SWMN£SIERLY Af dIG A MURK M W LEFT IMWNC A \ RADIUS W MAYOR FEET ANO A MNMD THAT BOARS SCUM N AnaMar ,W MMUR3 BJ SECINMS \ \ INFIX A MWO INSTANCE OF MILIS EDIED MCNCE SCUM 30 DEORRS AS AMIALS 47 ACgMS N M t, 214.50 EECT M ME NPRMEF RIGHT M WAY LAC M IWNPS RWII 124 MCNCE LOAN WATER AAAINI A�!.A NT \ SB DEGREES 48 NINUIES 51 SCCWDS REST ALCN6 SAN NQPTHERLY RIGHT M WAY FARE. G6.S0 FEET F \ N A SAM THAT 5 JMOD YET NCWMW£SILFLY VE AND PARALLEL AM SAFE pRENOUSLY DLSRIBED MAY PART N ME NORMX£Si DIMRRA OF SEC]RM l MXNSNIP 36 NORM RANGE ) LAST M MC CWRSE' . D LAY 1 30 TELL N WG YNADA4J RAM A C EAST ALDN6 SOLD, PARA[[6 FIN( MIFD PRWCWAL MIAMI BLIND A FEW FOGY WIRE STOP M LAND LYING NPRINC 51£R[Y OF AND ]gIAB RLT M£NCE 164.21 TRi NCRMMCSIEMY ALWG A WRK M MC F6M HANNG A RADIUS PARALLEL MM W NGRMERLY Rom Ot WAY ANY W RUNMS ROOM Ma. MORE PARTICULARLY - M 1OA.00 MIT AWL) A CHOMP MAY BOARS NORM N DEGREES SO MWMDA }J SELWgS DASD, A OCSCRNEO AS EOLFORW GOOMEMCIN6 AT MC NFORWAST CORNER N ME NORMALCY WARDER CT GIOPo WSUNCE Or IIBIB FELT M A Post M W CEMR UW LY SAW ABANOphD AND V SAILS 5V0 MCMAW 4. DOME SWM OF DEGREE 36 MAIMS 53 SsCMA)S EAS] AEWC ME UST LMY RDAQ SAN PWNY MIND NAPA 45 ➢EGRESS 47 WWMS IB SECOND. BUS) 6627 MET FROY ME DE TIDE MpMRFST WARIER LY SAN SEARCH 4 107.54 I= 70 A PONT ON MC CEVMMWE N AMT at BEWNMNG MENU ROOM 45 DECREES 47 MWNCS 48 SECIXWS EAST ALMS SAD " ABANDONED AND WCARO ROAD' WARM NPPM 45 DEGREES AT NWNES 48 SECWOS NEST MLNRRUNE OF27 FLED RLMpNWG M ME MANY W BECAMAN6 ALL W IWNAILL MIMSNM. KEINALS SAND C.MRMINC 636.84 TMEME FIRM LICE SDUMNESERLYALMO A CIM1E ie ME SLATWWR'S CERTIFICATE CARITC IMINAS Mn HANND A RAAILS M 867.W FELT AIR A MM MA) BURS SAMOA 34 DESRLES M MIMOES � GRAPHIC SCALE 27 SCCOWS WEST. A MARAT DRETANCCW Raw FIC7' NONCE SWM 30 REGATIS AS MANVILLE 47 $FATE Q ILLINOIS G TEMPORARY CONSTO-CTION EA.SEMa gCppS µEll. 204.55 EEC` M W NCRMEMY MGM DY WAY ARM A'ALLOWS RWE 124 MCNf£ \ ) (TO EXPFE LEON DEDICATION OP MARCH SB DESRLEl 49 MWMES 51 mwNS TEES ALWG Low IN LY RIGHT rc MY uuE \ )SS ABOVE DESCR•`D LANDI SLUM MET To ME LASEMY LA'EW MR HONDA FOY AND RVNAS W'IM RA0.WAY CMAWY LAMA[' MENCF NORM M OtMPS 55 YwuRS N YAWOS GSS, u0.vc SW EASIEMY uNC COUNTY OF KENDALL) ® L N MAT PART W ME NORMRES WARIER M SECRW 4 MRNSNW J6 NOR RANGE 7 CAST OT Ter 1345 �' MAKE 4W FEET NCRMEASER[Y AIOV6 A CWK M W MINT XANNG A RAAUS OBAD RL CF WASAIS ELCT AND A AM MD MAT BEARS NORM 07 DEGREES CUWALIMA H SaMILS CASE A ( M "in ) AGM OIr M LEE M BONG A 10.00 EWE SMFI UIIO LYlN6 RR MN6RMYW MA EFFORT ASTANAEW &M FEET TO A Meet ON A ME MAT 15 PARATIC WM AND Was FEET 1 bob . 40 It AND A FO F W NGRpe Or LAW "AND DE ME ASER YOr AND WALL ARAM ODE SW MALI. - "REAMORLY AT (AS WASURED PERPLNOKULAW.Y MEREM) ME NCRTFORLY RANT DE MY FINE I, Craig L DOy. Illinot5 Professional Land Surveyor Number 3359. do A, AND A 1000 ML SEW O• LINO LONG SWMEAMT MAC AND A LWAG N R MF SERLY OF E W SAM HLMMS MUM 125, FOR ME PAM W B[GMAtlNG MENDE l.6,22 EEL). NNMNINP hereby y FAM IG MC ABOK OCSMIB R WA RR MAIN ROOM MALL BOAR LYW6 NORTHEASTERLY OF ME y Certl( IDof LFC Grant of Eosunent hereon drawn was WRMERLY AM MAG WAY LILAC WALLAHS RWE 1R6 N SOVMMAU W W LWER1 WAN 49 ON cRRLY ALMO UN WRK O W FAA MM A 2 YET NAT NORM OJ ➢CCRLLS ARAWpvfp AM VACAED RM4 ALL A AYNCMLL MRNSMIP. KEWALL CAMry, OLNMS M AWARE SE SECONDS CASE A CRORD ASANLCW 16.22 L MANGE SOUTH 59 DEGRta' 19 prepared using previous survey information and mops, plats antl MOVIES E SECONDS SOON PARALLEL DEER MM ME N6IES 47VMYLWEW SAM MDEET ROUE 124 other Instruments of record for the U and retain set AN A TEED.' r S R SCUM 30 DECREES LG MMET N l.7 YNNOS NFTF ISM FELT M A POINT n purposes W A LINE MAT I$ PAR[ALMI jLI RIM ANO 20.00 ACCT NOWAY Fear MYW (AS MUSUR00 IoftM1, of the hereon described property. MAICT AMCR 68 OMF4REGf 46E uUW'irS�51Y5E�CMM.'T0S NCE MMR JAM PARALLEL AMC 9i4I13 p oper y. gENDALLWOOD ESTATES Harr M ME PANT W MMAMM ALL W RENMLL MNDAMP. AMALL WONTY RLMRS Doted Ot Yorkville, Kendall County Illinois ED. 2007. YORKVILLE, ILLINOIS NOTES • Tni¢ be w of and for construction a Plot of Easement, with ut is GRANT OF EASEMENT not en be used Err any gentI of Smith or taking purposes without sent from o plot o agent of $ o assumptions Engineering r Consultants. agreement Irm. as ILLINOIS BOOTIE 126 owner Ii NOT o Plnl of Survey. b nveyd from m this document as to • No underground possession prove ion to have been located unlelsstlsho nand REN90N5 DNN BT: TNT, DAIS PROJECT NO. g improvements IIIInDiLi License value Land Surveyor 0/ }359 r Abe 9/3/0 NM 10 0 YDLL-050)9].03 noted Lcense exp mhon date tl/}0/2008 • No distance should be assumed beyasading 2 m 9/16%7 DGN BY; TNT: MORIZ $GALE SHEET 210. • This mop is void without originol bossed or red motored seal and 5 c10 m/15 > — 1'840' signature affixed. CL BY: INT: VERT SCAIL 1 CLD WATER MAIN AND EMERGENCY ACCESS EASEMENT THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 66.00 FOOT STRIP OF LAND LYING NORTHEASTERLY OF THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126 AND SOUTHERLY OF THE CENTERLINE OF AN ABANDONED AND VACATED ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREE 26 MINUTES 53 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, 1079.24 FEET TO A POINT ON THE CENTERLINE OF AN ABANDONED AND VACATED ROAD; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST ALONG SAID CENTERLINE, 636.90 FEET FOR THE POINT OF BEGINNING; THENCE 148.33 FEET SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 967.00 FEET AND A CHORD THAT BEARS SOUTH 34 DEGREES 30 MINUTES 27 SECONDS WEST, A CHORD DISTANCE OF 148. 19 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 204.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 66.00 FEET TO A LINE THAT IS 66.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE PREVIOUSLY DESCRIBED COURSE; THENCE NORTH 30 DEGREES 06 MINUTES 47 SECONDS EAST ALONG SAID PARALLEL LINE, 204.49 FEET; THENCE 164.58 FEET NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1033.00 FEET AND A CHORD THAT BEARS NORTH 34 DEGREES 30 MINUTES 27 SECONDS EAST, A CHORD DISTANCE OF 148. 19 FEET TO A POINT ON THE CENTERLINE OF SAID ABANDONED AND VACATED ROAD, SAID POINT BEING NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST, 66.27 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 45 DEGREES 47 MINUTES 48 SECONDS EAST ALONG SAID CENTERLINE, 66.27 FEET RETURNING TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. TEMPORARY CONSTRUCTION EASEMENT (TO EXPIRE UPON DEDICATION OF THE ABOVE DESCRIBED LAND) THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 10.00 FOOT STRIP OF LAND LYING NORTHWESTERLY OF AND ADJACENT TO THE NORTHWESTERLY LINE OF THE ABOVE DESCRIBED WATER MAIN EASEMENT TRACT, AND A 10.00 FOOT STRIP OF LAND LYING SOUTHEASTERLY OF AND ADJACENT TO THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED WATER MAIN EASEMENT TRACT, BOTH LYING NORTHEASTERLY OF THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126 AND SOUTHERLY OF THE CENTERLINE OF AN ABANDONED AND VACATED ROAD, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. WATER MAIN EASEMENT THAT PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A 15.00 FOOT WIDE STRIP OF LAND LYING NORTHEASTERLY OF AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 4; THENCE SOUTH 01 DEGREE 26 MINUTES 53 SECONDS EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, 1079.24 FEET TO A POINT ON THE CENTERLINE OF AN ABANDONED AND VACATED ROAD; THENCE NORTH 45 DEGREES 47 MINUTES 48 SECONDS WEST ALONG SAID CENTERLINE, 636.90; THENCE 148.33 FEET SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 967.00 FEET AND A CHORD THAT BEARS SOUTH 34 DEGREES 30 MINUTES 27 SECONDS WEST, A CHORD DISTANCE OF 148. 19 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 204.56 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 533.52 FEET TO THE EASTERLY LINE OF THE FORMER FOX AND ILLINOIS UNION RAILWAY COMPANY LANDS; THENCE NORTH 06 DEGREES 55 MINUTES 38 SECONDS EAST, ALONG SAID EASTERLY LINE, 13.45 FEET; THENCE 8.30 FEET NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1048.45 FEET AND A CHORD THAT BEARS NORTH 07 DEGREES 09 MINUTES 14 SECONDS EAST, A CHORD DISTANCE OF 8.30 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126, FOR THE POINT OF BEGINNING; THENCE 16.22 FEET, CONTINUING NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT, WITH A CHORD THAT BEARS NORTH 07 DEGREES 49 MINUTES 26 SECONDS EAST, A CHORD DISTANCE OF 16.22 FEET; THENCE SOUTH 59 DEGREES 49 MINUTES 51 SECONDS EAST, PARALLEL WITH THE NORTHEASTERLY LINE OF SAID ILLINOIS ROUTE 126, 482.22 FEET; THENCE SOUTH 30 DEGREES 06 MINUTES 47 SECONDS WEST, 15.00 FEET TO A POINT ON A LINE THAT IS PARALLEL WITH AND 20.00 FEET NORTHEASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE NORTHERLY RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 126; THENCE NORTH 59 DEGREES 49 MINUTES 51 SECONDS WEST, ALONG SAID PARALLEL LINE, 476.05 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXHIBIT "D > 132343/1 16 6006811 JOB NAME: OFF-SITE WATER MAIN ALONG ROUTE 126 LOCATION: YORKVILLE, ILLINOIS SECGroup Inc . SEC JOB NUMBER: KDLL-050191.04 PLAN DATE: 10111/07 Smith Engineering Consultants x SEC Automation v SEC Planning CALO BY: J 9 9 CHK BY: DWS ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS tO EROSION CONTROL UNITS UNITCOST QUANTITY COST 7.Ot Silt Filter Fence IIn. h. I $ 2.50 6,820 $ 17,050.00 1 .02 Furnish & Place Topsoil 6" Disturbed Areas sq. yd. 1 $ 3.50 7,600 $ 2fi 800.00 1.03 Hydro-seeding & Erosion Control Blanket (Disturbed Areas) I sq. yd, I $ 2.25 1 7,6001 $ 17,100.00 SUB-TOTAL 1 $ 60,750.00 2.0 PAVEMENT CONSTRUCTION UNITS UNIT COST QUANTITY COST 2.01 Pavement Removal & Re lacement Full De th s . d. $ 60.00 200 $ 12,000.00 2.02 Paved Ditch Removal and Replacement (As Re wired) sq. yd. I if 200.00 475 $ 95,000.00 SUB-TOTAL 1 1 $ 107,D00.00 3.0 WATER MAIN CONSTRUCTION UNITS UNIT COST QUANTITY - COST 3.01 Trench'aackfill cu. yd. $ 22.00 250 $ 5500.00 3.02 Water Main, 8" IIn. iL $ 28.00 3,425 $ 95,900.00 3.03 Water Main, 12" IIn. f . $ 45.00 2,986 $ 133,470.00 3.04 Fire Hydrants with Aux. Valve each $ 2,750.00 11 $ 30,250.00 3.05 8" Valve and Valve Box each $ 5,000.00 5 $ 25,000.00 3.05 12" Valve and Vault each $ 5,500.00 5 $ 27,500.00 3.07 Steel Casing Pipe with Spacers, 12" - Auger and Push IIn. ft. $ 200.00 100 $ 20,000.00 3.08 Steel Caslnq, Pipe with Spacers, 18" . Auger and Push IIn. R $ 225.00 120 $ 27,000.00 3.09 Connection to Existing Watermain Stub Low Pressure - Proposed e" lump sum $ 500.00 1 $ 500.00 3.10 Connection to Existing Watermain Stub (High Pressure) - Proposed IT lump sum $ 2,000.00 1 $ 21000.00 SUB-TOTAL 1 $ 367,120.00 4,0 MISCELLANEOUS IMPROVEMENTS UNITS I UNIT COST QUANTITY M25,000.00 4.01 Traffic Comrol Jump sum $ 12,000.00 1 $ 4.02 Tree Removat/Tdmmin Pmnin lump sum $ 25,000.00 1 $Bracin each $ 1,500.00 8 $4.04 Power Pole Removal and Relocation each $ 6,000.D0 3 $4.05 Roadway Sign Removal and Re-tnstallation each $ 500.00 10 $SUB-TOTAL $ SUMMARY OF PROBABLE COSTS COST 1.0 EROSION OF $ 60,750.00 - 2.0 PAVEMENT CONSTRUCTION $ 107,000.00 3.0 WATER MAIN CONSTRUCTION $ 367,120.00 4.0 MISCELLANEOUS IMPROVEMENTS $ 72,000.00 SUB-TOTAL - $ 606,870.00 15% CONTINGENCIES $ 91,030.50 TOTAL COST $ 697,900.50 NOTE: This estimate is based off of the alignment as shown in the exhibit prepared on 10/71/07, titled "Kendallwood Estates Subdivision- Chiefs Water Main Along Route 126" from Mill-Deer Street to eastern boundary of Kendallwood Estates Subdivision. 050191.04-EOPCC-Revised/0-11-07.x1s 10124/2007 Page 1 of 1 Message Page 1 of 2 Vince M. Rosanova Subject: FW: Route 126 WM Cost Sharing Joe & Travis — I 'm sorry the Route 126 WM issue for Kendallwood Estates & Woodstone has been a bit slow developing . The overall Route 126 water main plan lacks detail, but can serve as a starting point for estimating a breakdown of costs. A more detailed plan is needed for the section shown and also for the Deer Street and Beaver Street sections discussed below. The rationale for cost sharing is as follows: • The 8-inch water main on Rte 126 should be funded fully by Kendallwood Estates because Woodstone has no need of the lower zone water main. • The 12-inch high pressure main is needed by both developers, but the need for this main to be 12-inch rather than 8-inch is driven by the need for Woodstone to provide commercial fire flows of 3000 gpm rather than 1500 gpm (residential). Based upon the comparative needs, we believe a 66% Woodstone /34% Kendallwood cost sharing would be fair for cost related to the 12-inch main. Based upon SEC's September 27, 2207 Opinion of probable cost, we estimate Woodstone's share of the improvements along Rte 126 to be approximately $151 ,600. With the two mains running close together and parallel, both parties save money on the sharing of restoration costs. • In addition , Woodstone should be responsible for the upsizing of the existing fl- inch water main from Deer St & Rte 126 to Badger & Beaver, a distance of approximately 1100 feet. At an estimated cost of $200 per foot for water main replacement and roadway/parkway restoration, the approximate cost for this work is $220,000. This work could be delayed until Woodstone chooses to proceed with development (pending City's approval). In summary, we believe the approximate breakdown of costs would be: Kendallwood Estates $188,000 Woodstone $ 151 ,600 + $220,000(later?) = $371 ,600 1 suggest that this be a starting point for water main cost sharing discussions. The prices and quantities need to be refined through the preparation of detailed plans. The costs indicated above should be used for order of magnitude at this point, until detailed plans are available. I will be out of the office on Monday and back on Tuesday if you wish to discuss this matter in greater detail. Thank you , Bill 1 niw )nm Message Page 2 of 2 �YilZutm Dun?; T,.T Senior Project Manager Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 Business (630) 466-9350 Fax (630) 466-9380 Direct (630) 466-6759 Cell (630) 649-3996 bdunn @eeiweb. com Reviewed By: Agenda Item Number J2 s T Legal ❑ l EST. Finance 1836 ❑ \ 'S,1�l Engineer `' Tracking Number < 0 © City Administrator ❑ `20 Consultant ❑❑ -V\l c2 l0() <LE Agenda Item Summary Memo Title: Game Farm Rd./Somonauk St.—Plat of Highways Addendum#1 Meeting and Date: COW/CC-November 13, 2007 Synopsis: This addendum is to add title commitment research to the Smith Engineering scope of services for this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST.. , 7836 To: Brendan McLaughlin, City Ad 'nistrator 09 L W From: Joe Wywrot, City Engineer �� p� CC: Lisa Pickering, Deputy City Cler <LE Date: October 30, 2007 Subject: Game Farm Rd./Somonauk St. — Plat of Highways Addendum #1 Attached find a letter from Smith Engineering Consultants to add title commitment research to their scope of services for the referenced project. There are 30 parcels that need to be acquired for this project, consisting of either land acquisition or easements. The initial title research cost is $250.00 per parcel, resulting in a cost of $7500.00. This work has been completed. Also attached find a MFT appropriation resolution in the amount of $10,000. Depending on the time it takes to obtain these parcels, the title commitments may need to be updated. The additional $2500 is for updating the commitment letters should that be necessary. I recommend that Addendum #1 to expand the scope of services for title commitment research, as well as the corresponding NET appropriation resolution in the amount of $ 10,000.00, be approved. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. Smith Engineering Consultants Civil/Structural Engineers and Surveyors October 11 , 2007 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Re: Game Farm Road Plat of Highways-Invoice No.: (347645) Addendum # I SEC Job No.: YORK-040098.05-4 Dear Mr. Wywrot: Upon review of the professional surveying services rendered for Game Farm Road Plat of Highways, we have found that the following services have resulted in an extra to the original contract: • Title Commitment's for the 30 parcels being affected by the right-of-way and temporary easement acquisition. The original contract amount is $67,800.00. These services currently total an additional $7,500.00 ($250.00 per title commitment) in extra expenses for a revised contract amount of $75,300.00. Services rendered for the new contract amount in the future will be invoiced and detailed with the next regularly scheduled billing. Please sign and return this letter with your payment of the attached invoice. If you have any questions or require any additional information, please contact me at (630) 553- 7560. Sincerely, SMITH ENGINEERING C NSULTANTS Approved this _ day of 2007 Rick McCombs, S.I.T. Surveyor III yP� Attachment Attest : . . . . . . . . . . : : City Clerk RBM/sah T:Vobs%mith\2004\040098.05 YORIC-POH\administration\cont acfl040098.05-Addmd=Wymot-101107-rbm.doc Illinois • Texas A division of SEC Group, Inc. 651 Prairie Pointe Drive, Yorkville, Illinois 60560 t. 630.553.7560 £ 630.553.7646 wcvwsecgroupinc.com Illinois De rtment Resolution for Improvement by i� Municipality Under the Illinois of TranspOrtatlon Highway Code BE IT RESOLVED, by the City Council of the Council or President and Board of Trustees United City of Yorkville Illinois City, Town or Village - that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Game Farm Road US Route 34 Somonauk St. Somonauk Street Game Farm Road Colton St. BE IT FURTHER RESOLVED, 1 . That the proposed improvement shall consist of Addendum #1 - To add title commitment research to the scope of services for approximately 30 parcels. and shall be constructed N/A wide and be designated as Section 03-00031-00-FP 2. That there is hereby appropriated the (additional ® Yes ❑ No) sum of ten thousand and 00/100----------------- Dollars ( $10,000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Authorized MFT Expenditure I, Jackie Milschewski Clerk in and for the United City of Yorkville City, Town or Village County of Kendall hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the City Council Council or President and Board of Trustees Department of Transportation at a meeting on November 13, 2007 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk Page 1 of 1 - BLR 09111 (Rev. 7/05) Printed on 1013012007 4:26:46 PM C/pk Reviewed By: Agenda Item Number J`� T Legal ❑ CA i s Finance ❑ E5r. =\� 1836 Engineer Tracking Number t 0 y City Administrator ❑ 0 S1 Consultant ❑ <ILE �b� F] Agenda Item Summary Memo Title: Gruber-Kostal Dental Office—Release of Letter of Credit Meeting and Date• COW/CC—November 13, 2007 Synopsis: Recommendation to release the letter of credit that guarantees satisfactory completion of the land improvements. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ♦��D CIP . p� Memorandum ESf. , `= 1836 To: Brendan McLaughlin, City A mi 'strator 09 ® From: Joe Wywrot, City Engineer 2p CC: Lisa Pickering, Deputy City Cler Date: October 31 , 2007 Subject: Gruber-Kostal Dental Office — Release of Letter of Credit Attached find a letter from Joseph Gruber requesting that Castle Bank Letter of Credit No. 7000272244-900, which guarantees satisfactory completion of the land improvements for the Gruber-Kostal office development at 302 E. Countryside Parkway, be released. We have confirmed that all sitework has been satisfactorily constructed and that all punchlist items have been completed. I recommend that Castle Bank Letter of Credit No. 7000272244-900, in the current amount of $204,003.80, be released. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. GRUBER AND KOSTAL, D.D.S., LTD JOSEPH W. GRUBER, D.D.S. DENNIS C. KOSTAL, D.D.S. 302 E. COUNTRYSIDE PARKWAY YORKVILLE, ILLINOIS 6Q560 TELEPHONE 1630) 553-7073 October 5, 2007 Mr. Joe Wywrot City Engineer, United City of Yorkville 800 Game Farm Road -Yorkville, IL 60560 F3 . Dear Mr. Wywrot, ; We have .recently built an office building on 302 E. Countryside Parkway in Yorkville. All conditions of the city have been met regarding this property, the final inspections have been made, and'}the building has passed. A final occupancy permit has been issued. We request that Castle Bank letter of credit #7000272244-900 be released. S ' ely, seph W. Gruber III, Member DC & JW LLC r :. A iU CI;. Reviewed By: Agenda Item Number Legal ❑ Finance ❑ EST. � 1836 C ��e-� City Administrator `� Tracking Number 4 �s v�2o Consultant ❑❑ <LE ��• Agenda Item Summary Memo Title: Yorkville Market Square—Letter of Credit Reduction#1 Meeting and Date• COW/CC—November 13, 2007 Synopsis: Recommend that the LOC for Yorkville Market Square be reduced by $670,684.42. The remaining amount would be$242,116.49. 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: ciry � Memorandum EST. , `- 1636 To: Brendan McLaughlin, City Administrat o 4 y From: Joe Wywrot, City Engineer U 20 CC: Lisa Pickering, Deputy City CleiV Date: November 1, 2007 Subject: Yorkville Market Square — Letter of Credit Reduction No. 1 �n.. ...a. .fv. 19FCm6 5fe., arm A"d�( .. e., ....,emu Attached find a request from MASONCORP, Inc., the general contractor for Yorkville Market Square, to reduce the letter of credit amount for sitework. Yorkville Market Square is located at the southeast corner of Rt.47 and Rt.34. I have reviewed the request and concur with the amount of work completed to date. I recommend that Deerfield Bank Letter of Credit No. 526 be reduced by the amount of $670,684.42. The remaining amount of the letter of credit would be $242, 116.49. Please refer to the attachment for details. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. U C CL O N 8 n to a N co o v U') a 0) m O jco wN 000000000 W 0 0 O O m r � 0 Z v E ov_ 4gr U) OMaN MCO N Z 0) N m C6 'V' to N .2 -p rfl M• fR O MEA (R (fl fA N O 0 � � y J E m aE) u 0O CO 0000000) N N 0O r 0Or rd) OM [t 0 (D. 0 0 0 0 0 0 0 M [t C' `- 000000 �' 0r N OOD E w 0 < Mn V rnn V � 0 �-- (D U OZ ON 00) T n V C') 000 C c C 0 V' (D 0 (A EA <A (» N I - 0 7 M3 � � MM 64) (D .� O O E o a � o a 0 0 0 0 0 0 0 0 00 0 `o 0aMaaMM 0 co E p, co 6 O m O N V M 6 m 0e) N pN co O (fl O 000 d' O N 00 C d .Z M 00 W CO 0 (D CO (D r-- 0) N C70) (h a0 NOD V' M Oto � U O. O 0 � mM Mf9 (R EA N� � ^ N = E E9 co f9 p, 0 O U N U 0 C Y C O T d }O m E l0 m C O a m O 000 (D 0000000 fn � U c -O 6 c66 a 6c64 oM rn a � U .0 0 C U) 00 O � tj 'cr N V' O 9t O Nw O E 0 0 (fl d) 0 0 V N 0 0 a O Em 0 W NN Ntp U) M (DO OD (0 N co m U 0) CO O N N d' � r (O O� tV J M N 0 CO w. CO (A 6cl EA (V� 0 0) 0 Oa LO C J UR (A (A 3 O 0 N Q J O U (n 'O 000000000 a O 0) fOO OOD 0000 N 0 d' O N a W E V M W O O O W O O m D E O M w O 'OD N C L 00 0) V On N (DO OD iM 4t � V i) NT f9 00m m 00) O O 0) 00 .� `0 (n Un (» U U Y 00 O m } m mn N C C °) _ E O m E 0) 2 l0 Z Z 3 d � 5 c > °) C m C 3 > L O O1 p C N o N 'm a) D. c rnU U) n m v � v EdEa) ° � ENV� w no D w m m 0 E m m O y > O 'C _N C �O U) K m �I (D Cl) 6) D_ co W co J I-- Z 300 North Lalce Street Fax: (630) 859-0813 Montgomery, IL 60538 Phone: (630) 859-7044 / Y AS0 (vffl ®R ,,,, I NC e www.masoncorpinc.c om October 30, 2007 United City of Yorkville Attn: Mr. Joe Wyrot 800 Game Farm Road Yorkville, Illinois 60560 RE: YORKVILLE MARKET SQUARE/LOC REDUCTION Dear Mr. Wyrot: On behalf of the developer, Progress Holdings, LLC, I would like to request a reduction in the current Letter of Credit from $912,800.91 to $242,116.49. The attached spreadsheet indicates the present completion of work on site and the subsequent effect it has on the overall LOC. Please feel free to contact me with any questions you may have. Very Truly Yours, Steve Hornik Masoncorp, hie. C/py Reviewed By: Agenda Item Number J� o T Legal ❑ 1 R F Finance ❑ 1836 Engineer �� Tracking Number v1 City Administrator ❑ consultant ❑❑ PW a 0(::�� Agenda Item Summary Memo Title: Grande Reserve Unit 23 — Sitework Letter of Credit Reduction#1 Meeting and Date: COW/CC —November 13, 2007 Synopsis: Recommendation to reduce the LOC by the amount of$2,720,667.61 based on work completed to date and based on a correction to the engineer's estimate of cost. 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: CITy 0 Memorandum 1836 To: Brendan McLaughlin, City A ' 'str O L,� y From: Joe Wywrot, City Engineer 9 � p CC: Lisa Pickering, Deputy City Cle ato 2 <kE `w Date: November 1 , 2007 Subject: Grande Reserve Unit 23 — Sitework LOC Reduction #1 Attached fmd a request from Pasquinelli Homes, LLC to reduce the sitework letter of credit amount based on work completed to date. Pasquinelli is also requesting a reduction due to an error in the original engineer's estimate of cost. The original estimate listed the unit price for asphalt trail at $9.50 per square foot, while it should have been $9.50 per square yard. I have reviewed the reduction request and concur with the amount of work completed to date as well as the revision to the engineer's estimate of cost. I recommend a reduction to LaSalle Bank Letter of Credit No. S594383 in the amount of $2,720,667.61 . The remaining am ount of the letter of credit would be $713,701 .91 . Please refer to the attachment for details. Please place this item on the November 6, 2007 Public Works Committee agenda for consideration. PASQUMELLI HOMES LLC 535 Plainfield Road Suite E Phone: (630) 325-4500 Willowbrook, IL 60527 Fax: (630) 325-0935 Richard L. Murphy Land Acquisitions and Entitlements Manager October 22, 2007 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Grande Reserve Unit 23 Land Improvement Letter of Credit. Reduction Request #1 LaSalle Bank #5594383 Dear Mr. Wywrot Please find enclosed a request for reduction in the above letter of credit based upon work completed to-date on this project. Enclosed you will find a worksheet with percentage of work complete identified with dollar values assigned as per the approved engineers' estimate. Also enclosed is a letter of credit reduction worksheet which I believe follows the United City of Yorkville preferred format. Please note that while in reviewing this letter of credit, I found a typographical error in item 7 of the paving section. This item is identified as 67,589 SF of Bike path at $9.50/SF for a total of $642,095 .50. I believe this is clearly a unit error which was intended to be SY. The ce Rpeted unit would lower the original engineers' estimate to a figure of $71 ,334.50. This bike path is now installed and I put a correction into the original estimate figure in the notes and worksheet to avoid an inordinate sum being held in retention from the erroneous original figure. Please verify your concurrence on this issue. In accordance with the attached, we are respectfully requesting a reduction in the amount of $2,720,667.69 to a revised amount of $713,701 .72. Please process this request at your earliest opportunity. I can be reached at 708-514-25642 should you have any questions regarding this request. Sinc ely, Richard L. Murphy Enclosures ro 0) V• r (O (n .- C V' OLO (ON0) > @7 N 0006 V T"' Z 'a E O M V N N W N C N Z •- r41ONMC7 C60 O 'o �O V rN 0 N H7 f9 V' r 0) U � � vs (» » 0 CL O E V V fO (D (O O (O .- rnco .- rco � O r i~ M m O (0 O O Z "V' N V V' 0 C (O CO O M 0) O) M O j V l0 CO N 0 O 0 - M m O N r Q EA d E 3 Eft 3 - V) v 6% E a 0) MM Cp OJ(D O w O M (O CO O) p_ d .- MCMM co E 00 M V' O V' 0 dZ N O) O (O O) V (ri of (ri .- of O M M � m (D .- EO � to ER FA (A N O V O � o O _ ) r O O W E - u, mmm °rjc,:� rn E jNO) 00m @ LO 0 )f) V N[O N M r N Nwm � r» to N E O C ] fA V C m w W CO O) N (OON CD O) N (00 (O C U � (oaorui . (0 @ U EN V' Orm v! (0 W Omm V' M fl O aNOO r M Nw a N c O O M O N U7 c V' M w Fri V' 0 N Jco N m (A (A V3 03 e p M V wU � e w Lo(L w0 U) �{ # 4) V) M (O ADM Or O N _ U p � M M CO M 0 V' O � Q aC co N O IT .�- N NO C W (OOi � vr N Q 00 N M r (M � a MM1 (W C C co R' m C V3 (A V3! V C6 O O m O` 00 N U) J J (7 rJ 0m @ C c Z Z N O C U U) N N O O m cm i ) w Ec0) N O E E@ > N w .@. a) wm 01I (n � cnainF° z° Reviewed By: Agenda Item Number J� T Legal ❑ i# 15 1836 EST. Finance ❑ Engineer Tracking Number 0 �j W City Administrator El ;A `=O Consultant ❑ pl/V '90c)-7— 177 <tE F-1 Agenda Item Summary Memo Title: Autumn Creek Unit 2—Plat of Easement Meeting and Date: COW/CC—November 13, 2007 Synopsis: This plat of easement supplements the plat of subdivision for Autumn Creek Unit 2. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST. 1836 To: Brendan McLaughlin, City Adm' 'strator < y From: Joe Wywrot, City Engineer p� �- p CC: Lisa Pickering, Deputy City Cle <LE Date: November 1 , 2007 Subject: Autumn Creek Unit 2 — Plat of Easement Attached find one copy of the proposed plat of easement for Autumn Creek Unit 2. This plat supplements the Unit 2 plat of subdivision, which is limited to right-of-way dedications, the school site, and the city park on Autumn Creek Blvd. The plat of easement is necessary because there are utilities than need to be constructed to serve Unit 2 that fall outside the limits of Unit 2. I recommend that this plat of easement be approved and recorded. 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Agenda Item Summary Memo Title: Wells 3 & 4 Treatment Facility—Change Order#5 Meeting and Date: COW/CC—November 13, 2007 Synopsis: This change order is for an 89-day time extension for this project. Construction is complete. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST. `l \ 1836 To: Brendan McLaughlin, City Administrato O �� j From: Joe Wywrot, City Engineer jr ?p CC: Sue Mika, Finance Director <( E Lisa Pickering, Deputy City Clerk Date: November 2, 2007 Subject: Wells 3 & 4 Treatment Facility — Change Order #5 Attached find one copy of proposed Change Order 95 for the referenced project. This change order is in the amount of a zero dollar increase and an 89 calendar day time extension. The time extension would be from September 30, 2006 to December 28, 2006. The construction of this project is complete, with final payment being made in April of 2007. Funding of the project, however, is through a loan from the Illinois EPA. We need to extend the project completion date in order to request funding of engineering costs that occurred in the October-December 2006 timeframe. I recommend that this change order be approved. Please place this item on the November 6, 2007 Public Works Committee agenda for consideration. CHANGE ORDER Order No.: CO-05 and Final Date: October 11 , 2007 Agreement Date: October 13, 2005 NAME OF PROJECT: Contract B. 1 , Yorkville Wells No. 3 & 4 Well House and Treatment Facility OWNER: United City of Yorkville CONTRACTOR: Whittaker Construction & Excavating, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: The contract completion date is changed to December 28, 2006. Justification: The time was needed to complete final changes to the system to isolate Well No. 4 from the potable water system, electrical repairs at the Well No. 3 Well House, and complete final punch list items. _Change of CONTRACT PRICE: Original CONTRACT PRICE: $ 1 ,819.000.00 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 1 ,838, 136.00 The CONTRACT PRICE due to this CHANGE ORDER will be (::erea6ed (decreased) by: $ 0.00 The new CONTRACT PRICE including this CHANGE ORDER will be $ 118385136.00 CO-01 CHANGE ORDER Page 2 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decrease) by 89 calendar days. The date for completion of all work will be December 28. 2006 (Date). Approvals Required : To be effective this order must be approved by the agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS.// Requested by: _ / � o � q Whittaker Construction & Excavating, Inc. Recommended by: Engineering Enterprises, Inc. Accepted by: United City of Yorkville State Agency Approval: CO-02 `, 000 C/py Reviewed By: Agenda Item Number J� a s T Legal ❑ R EST. 1836 Finance ❑ / � 7 Engineer ❑ Tracking Number 9 y City Administrator ❑ �O Consultant ❑ V\/ c2oc) <CE \Vy Agenda Item Summary Memo Title: Well No. 4 Rehabilitation—Sole Source Contactor Meeting and Date: COW/CC—November 13, 2007 Synopsis: Recommend that the normal bidding process be waived and that we negotiate a Contract with Layne Western for this project. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Super-majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum ME ` 1836 To: Brendan McLaughlin, City A 'strator OI- From: Joe Wywrot, City Engineer y 2p CC: Lisa Pickering, Deputy City Clerk <kE Date: October 11 , 2007 Subject: Well No. 4 Rehabilitation — Sole Source Contractor Recently we began the engineering work for rehabilitating Well No. 4, which is located on Tower Lane. We anticipate awarding a contract for the actual rehabilitation work before the end of this year. Since Well No. 4 has a Byron Jackson motor, we need to have the repair performed by a properly trained and authorized repair contractor. Layne Western is the only contractor certified to perform work on Byron Jackson motors in Illinois, and we have a long history of using Layne Western exclusively to work on our wells. Therefore I concur with EEI's recommendation (attached) that we waive the bidding process and negotiate a contract directly with Layne Western for the Well No. 4 rehabilitation work. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 6301 466.8350 FAX: 63014664380 www.eeiweb.com Enginoering Eintcrprises, Inc. October 10, 2007 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE; Water Well No, 4 Rehabilitation United City of Yorkville, Kendall Co., IL Dear Mr. Wywrot: As you know, the United City of Yorkville is planning to rehabilitate Water Well No, 4. This work will include removing the existing pump and motor from the well and performing scheduled maintenance on the pump and motor. The existing motor in Well No. 4 (and in all of the City's wells) was manufactured by Byron Jackson and has several unique design features (e.g. the motor seal and balance line). Because of these unique features, it is important that an authorized, factory-trained, representative inspect and perform any maintenance on the motor. Layne-Western of Aurora, Illinois is the only contractor in the area certified to work on these motors. Because they are the only certified contractor, and after consultation with City Staff, EEI recommends that the City waive advertising for bids for the project and directly contract with Layne-Western. As part of this process, Layne-Western will be required to prepare a bid schedule. We will compare the bid schedule to similar projects, and confirm that the pricing is consistent prior to recommending award of the contract. It is our understanding that the City has a long standing relationship with Layne-Western, and we have no reason to believe that Layne-Western will not complete the project in a timely and professional manner at a fair price. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. October 10, 2007 Page 2 Should you need any further information, please do not hesitate to contact us. Respectfully submitted, ENGINEERING ENTERP ISE .INC. Andrew R. Deitchman, P. E. Senior Project Engineer II Jeffrey W. Freeman, P. E. , CFM Vice President pc: Mayor Valerie Burd Mr. Brendan McLaughlin — City Administrator Mr. Travis Miller — Community Development Director Mr. Eric Dhuse — Director of Public Works Mr. Mike Roth — City Attorney TWT — EEI GAPUOLICIYORKVILLE1200TY00713 CONTRACT H.2 -WELL NO. 4 REHABILITATIOMDOCILVVYWROT01,DOC ,fie o cl p Reviewed By: Agenda Item Number \ J� o � O� Legal ❑ Finance ❑ EST. , 1636 Engineer ❑ Tracking Number LEI . O City Administrator ❑ S1 m O Consultant ❑ P VV CA)cy - i ue Fl <CE Agenda Item Summary Memo Title: In-Town Road Program-Proposed Addendum #1 for Engineering Services Meeting and Date• COW/CC-November 13, 2007 Synopsis: This request in the amount of$20,243.75 is for additional work related to the work stoppage and drainage issues for the In-Town Road Program. 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: clTy Memorandum 4 � ESn 1836 To: Brendan McLaughlin, City A !drat O ; �� From: Joe Olson, A, City t City Ar�rli 1.3 y CC: Bart Olson, Assistant City A stra or Sue Mika, Finance Director <LE Lisa Pickering, Deputy City Clerk Date: October 29, 2007 Subject: In-Town Road Program — Proposed Addendum #1 for Engineering Services Attached find proposed Addendum No. 1 from Smith Engineering Consultants for additional services and compensation related to the roadway work stoppage of the In-Town Road Program that occurred between August 2"d and August 14th. The request is in the amount of $20,243.75. Several residents raised concerns in late July about the road project, primarily regarding the elevation of the curbs and how it would affect their driveways and the surface drainage near their homes. Construction proceeded as we responded to the resident concerns on a case-by-case basis. On August 2nd the final preparation of Mill and Heustis Streets were completed for paving of the binder course on August P. but there were still some residents that were not satisfied with the roadway design. Since paving of the binder course the next day would have effectively precluded any changes to the roadway design, a decision was made on August 2nd to stop work. Once the work was stopped, we asked Smith Engineering to re-evaluate the roadway design and prepare alternatives for consideration by the City Council. The discussions regarding the curb did not result in any change to the roadway design, but several drainage issues were brought to light and Smith Engineering worked with the Public Works and Engineering Departments in determining possible solutions and implementing them where possible. I recommend that this request be approved. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. Smith Engineering Consultants Civil/Structural Engineers and Surveyors AGREEMENT FOR CONSULTANT SERVICES ADDENDUM #1 Project: 2007 In-Town Road Improvement Program SEC Job No.: YORK-040818.02 Original Contract Value: $113,898.75 Addendum 41 : $203243 .75 Revised Contract Value: $134,142.50 ADDENDUM N Whereas, the United City of Yorkville heretofore entered into a contract dated March 3, 2007 with SEC Group, Inc. Whereas, revisions and additions to the original contract are necessary as follows to accommodate additional scope of work requested by the United City of Yorkville (see attachment): • Investigate concerns from residents regarding curb elevations and drainage. • Attend August 6, 2007 Ward 2 meeting to address individual concerns. • Meet with residents during project shut-down to discuss concerns. • Determine construction alternatives to alleviate individual concerns. • Attend August 14, 2007 City Council Meeting to present alternatives. • Meet with individual residents after recommencement of work to explain alternative measures that would or would not be implemented. Whereas, the foregoing changes and additions were not anticipated and were not provided for in the original contract. Therefore, it is necessary to expand the contractual scope and upper limit of compensation to be paid under the contract, as such: • The original Proposal/Agreement for construction observation and staking services dated March 3, 2007 shall remain intact. Illinois a Texas A division of SEC Group, Inc. 651 Prairie Pointe Drive, Yorkville, Illinois 60560 t. 630.553.7560 £ 630.553.7646 www.secgroupinc.com United City of Yorkville 2007 In-Town Road Improvement Program SEC Job No.: YORK-040818.02 October 23, 2007 Page 2 of 2 Whereas, this addendum will provide the appropriate adjustments to include the labor fee and the direct cost for the items identified above. Whereas, the adjusted.upper limit of compensation will exceed the original contract by not more than $20,243 .75. Now, therefore, the parties hereto do mutually agree to changes to the Proposal/Agreement with Smith Engineering as detailed above. Save as to these provisions, all other terms and conditions of said contract are to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Addendum #1 on this day of 2007. United City of Yorkville ATTEST: By By City Clerk City Administrator FOR SEC GROUP, INC. ATTEST: Executive Assistant Exeeiv:e V' side ' Y:Uobs\Smith\2004\040818_Yak_Road\040818.02 YORK In Towo Roadway\administration\contract\040818.02-addmdumUCOY-102307- am.doc 0 CIPk Reviewed By: Agenda Item Number J� a T Legal ❑ CA :ip ttl Finance ❑ EST. , � 1636 \ A�� Engineer Number Lji �. u1 City Administrator Consultant ❑ <LE Agenda Item Summary Memo Title: Cannonball Estates— Storm Sewer Final Acceptance and LOC Reductions No.7 Meeting and Date: November 13, 2007 Committee of the Whole Synopsis: Recommend final acceptance of storm sewer in Cannonball Estates Units 1 & 2. Recommend LOC reductions for Cannonball Estates Units 1 and 2. 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: cIT`� Memorandum EST. 1636 To: Brendan McLaughlin, City Ad ' 'strato� ~ From: Joe Wywrot, City Engineer LlV — CC: Lisa Pickering, Deputy City Cler U <CE ��'y Date:November 8, 2007 Subject: Cannonball Estates—Unit I -Letter of Credit Reduction No. 7A Unit 2—Letter of Credit Reduction No. 7 Attached find a request from Alan Norton,the developer of Cannonball Estates,to release the two letters of credit in place for Cannonball Estates Units 1 and 2. On August 22, 2006,the city council accepted all of the land improvements in Units 1 and 2 with the exception of the storm sewer system. At that time there were several repairs that needed to be performed in both units. Since that time all of the repairs in Unit 2 have been completed,and all but one repair has been completed in Unit 1. At the Public Works Committee meeting on November 6t',the developer requested that the one remaining item in the Unit 1 punchlist be handled as a warranty item. The committee concurred, and recommended that the Unit 1 stone sewer be accepted by the city at this time. Based on completion of punchlist items and the discussion at the Public Works Committee meeting, I recommend that the storm sewer system in Cannonball Estates Unit 1 and Unit 2 be accepted. Corresponding to final acceptance is a reduction to the letters of credit. I recommend that Benchmark Bank Letter of Credit No. 11220 for Unit 1 be reduced by the amount of $106,129.24. The remaining amount of the letter of credit would be $23,397.38. I recommend that Benchmark Bank Letter of Credit No. 11221 for Unit 2 be reduced by the amount of $77,607.58. The remaining amount of the letter of credit would be$19,110.05. Please refer to the attachment for details. Please place this item on the Committee of the Whole agenda of November 13, 2007 for consideration. O _ r U r N(D O 00 (D 0V jc� cc o N O E V M 0 W N O Z O z CD � (O rM W O N O 2 O v- 000a000eo C O O O M O O M l0 0oC) 1 001 E r, m H3 (A M <H M Z N N o (p (n C � 0 O Q N o0 (O LO U Z O r f0f3 (OM N V M O L N u (O Nr T r N N n 8 E N N d M (D O) N E O W M V 6 0 0. N r p� C IX u p O C 5 9 O p J 'C (n a o 0 O (cpp N O v O1 N MO d C C d N N � V O M (O N NOOON E M O O (O cq O <t (0 (O C r O) c0 (0 m?o GaV N N W '- -6 -o O (D .d O` U n U U j L) d O m - E � U L c U 6 Q 6 ] U @ LO LO OD _ C J C (Dr N O C M V N r V r P`. 0 �' U N QOJ O W 7 M r O O ooO0 P� eD O co W N N N mO � O 00 O n V O \ \ 0 3 N N C) N(A (A V) N 61) N O (0 r C 3k Q O d N O E U mm -0 p U o o 0 (D J Y n C OO (O (O (OO (O E E o N n (p 10 (ON n O N (0 O W z m N N N r 0 0 � G C C O M C IT m co O N M N O O O E 0 E (6 (0 00 Cr) V OD OD m m m C V C `O. W fA V cA04 M OOO Q E9 U � 000 QW cum 0a N N � G O o d E () am m _> 3 (n E n m o Y a °? (n 'Iw inaf°- zo p U " M M N OO)O D 0 I O N c 0 0 0 O V 0 cM 66 C I�O 0 p V 0 � � M M E r Q m ca ca cH 3 a N 000 c00 1c0 C 0 0 0 0 0 0 0 c p 0 0 0 0 0 0 0 a E 6643 p m z ai of co -6 U ° ° `fl `» E oj O J 08 t. E ca N N a )°O )°OC%JLn 0Orn E (D LO N )O O OI� cO U C 7 r7 M0 w )ON j OQ O l0 1� � .—_ dD eD co E Z cd c3i v oD p T O) cA ca ca m cA p @ p O C O N 0 O W in E o LO LO MON OM ` 'V O O N )O O O I� co a C m a a ON rK) (0O aOD OD N � O Cp CZ CO O) O C0 V cor d NU O c0O LO W " N (O E U dZ, m p a) N CO O) U O Z' OEQf Q T d m S O) m o m U 3 m M C IO IO W LO � J(D m = C U p c0 r� n LO V)O 00 0 co 00 4- l0 ) N O) O a0 d' W O r� to M �N N N M O c0 O c� aD o CV O c0 LO LO 0 V) a C 0) L) ANA 69 � fi} � p O o E O O O 9 a a LO Z N O) U V N p O) (D > > d co J E u U wP, 0a )no � oo m x . ioLoN )O O0) -o a -0 0) p N a ON L) 001 c ) CGCN ca a)d C p W t � iM0 000 W cNO Comm p� O # dcO O) O .— V OD UUU - J m O < U (a » » � MN � OOpa U J co -0 o -o Y C O m N C Z N p o c Y o 3 d E o a3i Em m m a � cLi rNmEE (D a c E C c O o > 0) d co K m wl w m � U) d 2 t0- z 0 C/p` Reviewed By: Agenda Item Number J= o T Legal ❑ 1n } Finance ❑ Lf� ,3C EST. , 1836 Engineer ❑ L �® City Administrator ❑ Tracking Number Consultant ■ �2 COW 2007-40 Human Resources ❑ City Council Agenda Item Summary Memo Title: Downtown Yorkville Tax Increment Financing Redevelopment Project Area Amendment City Council/ COW Agenda Date: November 13, 2007 Synopsis: The proposed amendment removes two parcels from the TIF Project Area. The parcels are currently owned by Mayor Burd and this ownership would result in a conflict in the event Mayor Burd engages in discussions related to redevelopment projects utilizing TIF revenues. Council Action Previously Taken: Date of Action: June 13, 2006 Action Taken: Approval the Downtown Yorkville TIF Redevelopment Plan and Area Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: The attached ordinance was prepared with the assistance of Kathleen Field Orr Associates, Special TIF Counsel. ORDINANCE No. AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE DOWNTOWN YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA, WHICH REMOVES CERTAIN PARCELS FROM THE PROJECT AREA WHEREAS, the Mayor and City Council (collectively, the "Corporate Authorities"), of the United City of Yorkville, Kendall County, Illinois (the "City"), pursuant to the Tax Increment Allocation Redevelopment Act, as amended (the "TIF Act') (65 ILCS 5/11-74.4-1 , et seq.), approved the Downtown Yorkville Tax Increment Financing Redevelopment Project Area on June 13, 2006, pursuant to Ordinance No. 2006-47 (the "Area'); and, WHEREAS, the Corporate Authorities of the City now desire to amend the Area by removing properties identified by parcel numbers 05-39-156-014 and 05-39-156-018 which are legally described in Exhibit A, and depicted in Exhibit B, which exhibits are attached and made a part of; and, WHEREAS, after the removal of these parcels, the parcels that remain will be referred to as the "Amended Area"; and, WHEREAS, pursuant to Section 11 -74.4-5(a) of the TIF Act: "Changes which do not (1) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of or extend the life of the redevelopment project, or (4) increase the number of inhabited residential units to be displaced from the redevelopment project area, as measured from the time of creation of the redevelopment project area, to a total of more than 10, may be made without further hearing, provided that the municipality shall give notice of any such changes by mail to each affected taxing district and registrant on the interested parties registry, provided for under Section 11-74.4-4.2, and by publication in a newspaper of general circulation within the affected taxing district"; and; WHEREAS, the Amended Area includes only those contiguous parcels of real property and improvements thereon that will substantially benefit the City. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The foregoing preambles are adopted as if restated. Section 2. The amendment to the United City of Yorkville Downtown Yorkville Tax Increment Financing Redevelopment Project Area, which removes parcel numbers 05-39-156-014 and 05-39- 156-018 from the Area and results in the Amended Area, is approved. Section 3. The date of completion of the redevelopment project is not extended beyond December 31 , 2029, as permitted by law. Section 4. Pursuant to the TIF Act, the changes made to the Area through this Ordinance shall be mailed to registered interested parties and taxing districts, and shall be published in a newspaper of general circulation, no later than ten (10) days following the passage of this Ordinance. Section 5. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. PASSED this day of 52007. WALLY WERDERICH MARTY MUNNS JASON LESLIE ROBYN SUTCLIFF ARDEN JOE PLOCHER ROSE SPEARS GARY GOLINSKI JOSEPH BESCO 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this th day of A.D. 2007. Valerie Burd MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this _the day of A.D. 2007. Attest: Jacquelyn Milschewski CITY CLERK 3 LEGAL DESCRIPTION EXHIBIT A PARGEL,ONE: That part of Block 5 in Black's Addition to Yorkville described as follows; Commencing at a point on the East line of said Block 5 which is 120.0 feet northerly of the southeast comer of said block; thence westerly parallel with the North line of Van Emmon Street, 60.0 feet; thence westerly parallel, with the Center line of the Burlington Northern Railroad main track, 77.66 feet for a point of beginning; thence westerly parallel with said center line, 104.66 feet to the East line of Mill Street; thence northerly along said East line; 133.46 feet to a point which is 63.0 feet southerly of said center line; thence easterly parallel with said railroad center line, 103.50 feet; thence southerly at right angles to said center line 133.48 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. Reserving in Grantor an easement for ingress, egress and utilities described as follows: The southerly 40.0 feet of the following described tract; that part of Block 5 in Black's Addition to Yorkville described as follows: Commencing at a point on the East line of said Block 5 which is 120.0 feet northerly of the southeast comer of said block; thence westerly parallel with the North line of Van Emmon Street, 60.0 feet; thence westerly parallel , with the Center line of the Burlington Northern Railroad main track, 77.66 feet for a point of beginning; thence westerly parallel with said center line, 104.66 feet to the East line of Mill Street; thence northerly along said East line; 133.48 feet to a point which is 63.0 feet southerly of said center line; thence easterly parallel with said railroad center line, 103.50 feet; thence southerly at right angles to said center line 133.48 feet to the point of beginning in the United City of Yorkville, Kendall County, Illinois. PARCEL TWO: That part of said North West fractional quarter described as follows: Commencing at a point on the East line of Mill Street which is 63.0 feet South of the center line of the Burlington Northern Railroad main track; thence Southerly along said East line, 75.90 feet; thence Easterly parallel with the North line of Van Emmon Street, 247.50 feet; thence Northerly parallel with said East line, 28.21 feet to the Northerly line of a tract of land conveyed to Robb Container Corporation by a warranty deed recorded September 8, 1972 as Document 724201 extended Westerly; thence Easterly along said extended Northerly line and said Northerly line, which forms an angle of 90 degrees, 29 minutes, 59 seconds with the last described course, measured counterclockwise therefrom, 149.0 feet; thence Northerly parallel with said East line of Mill Street, 56.22 feet to a point which is 10.0 feet, normally distant, Southerly of side track number 2 of the Burlington Northern Railroad; thence Easterly along a line which if extended 210.89 feet would terminate at a point 30.0 feet, normally distant, Southerly of the center line of the main track of said railroad, 150.55 feet to a line drawn Northerly, parallel with said East line of Mill Street from the point of beginning; thence Southerly along said parallel line 76.52 feet to the point of beginning, in the United City of the Village of Yorkville, Kendall County, Illinois. EXHIBIT B .... .. .......................... 4 B § -E c a 5 G o e u a F 'w A w.$ g 1w zj w r, _ Q a 00000 $ 'IS nK 1 8 lagm 4 R -p'tY'a will �6 nAol •.ISOwx �, � � $ 1 I e wvuv / $ $ / mommank 0 $ $ N W � y N 9 W b s�EO C/Ty Reviewed By: Agenda Item Number J2 0�9 T Legal ❑ LPG_.# 621 1836 EST. , Finance F] Engineer ❑ City Administrator E] Tracking Number O� I� �i � •, �O Consultant ❑ Cp W 9.Uj--1 - qt <At `VV Agenda Item Summary Memo Title: Requests for Sponsorship Recommended by the Human Resource Commission Meeting and Date: COW/CC—November 13, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: S�eJter from the Cam. o a � 6 B89 9 MUTUAL GROUND, INC. Summer, 2007 Providing servues for victims of domestic violenee and sexual as salt Valerie Burd Mayor City of Yorkville 800 Game Farm Road Yorkville IL 60560 Dear Valerie, We've all heard the saying, "there's no place like home". Home is comfort, love, sharing... Home is peace and safety—or it's supposed to be peace and safety. In all too many homes, there is not peace but violence. In all too many homes, there is not friendship but fear. In all too many homes women and children experience not love but abuse. Mutual Ground, serving victims of domestic violence and sexual assault for over 30 years, not only provides services for victims of abuse—but for their children—the unwilling witnesses. Children entering domestic violence shelters with their mothers after a violent episode are often confused, afraid and angry. Our children's advocate staff helps ease the trauma and deal with the pain so that these children's difficult lives are safe and more balanced. Our staff teaches them how to express their feelings and helps them create a safety plan. They learn about conflict resolution. They learn how to be a child again. Each year the staff provides free and confidential services for about 400 children who witness domestic violence—all scheduled through one children's room with three staff persons. Every day I see frightened children come to Mutual Ground. And, as I look to the future, I know that the numbers of children who need Mutual Grounds services are not lessening. In order to help every single child that needs us, we need to expand our children's services. We are now embarking on a new fundraising drive, "The Children are our Future", for the expansion of our children's services. This population is our hope for the future. Domestic violence is a learned behavior and if Mutual Ground is ever going to go out of business we need to put additional resources into work with these child victims. Won't you please consider a gift at this time, so that the next child who needs our help won't be left on a waiting list? Peace, ✓ , Q y /4 (J Linda R. Healy Executive Director P.S. Mutual Ground is a 5016 non-profit organization and all donations are tax-exempt to the extent provided by law. To learn more about our agency, please visit our website or call us. P.O. Box 843 • Aurora, IL 60507-0843 domestic violence programs 630-897-0080 sexual assardtprograms 630-897-8383 fax 630-897-3536 , I email mntaialground @ameritecli.net • unvw.mutua�roundinc.org �mmbmvpa""" 0 Yes, I (we) care about the victims of domestic violence and sexual assault. am happy to help Mutual Ground with this contribution. Enclosed is my (our) gift of $ payable to Mutual Ground. ® $ 1000 ® $ 500 ® $250 ® $ 100 ® $ 50 ® $ 25 ® Other ® 1 have enclosed my company' s matching gift form. Mutual Ground Inc. is a non-profit 501 (c)3 organization and donations cs are tax-exempt to the extent permitted by law. Mutual Ground has been ° nRCYN serving Southern Kane, Kendall and Aurora DuPage Counties since 1975. Community Partner Name This is the way my name (or company name) should be listed in your Annual Report. ❑ I prefer to be anonymous. Address City ST ZIP Email We ask for your email in the event we need to ask you a question and to keep you apprised about Mutual Ground. We do not share our addresses with anyone. ® This gift is being made in memory or in honor. Information is included. ® Please send out a gift acknowledgement card in my name. s a Owl ur 'ab ° Bristol Kendall Fire Department AD 103 Last Beaver Street Yorkville, IL 60560- 1704 Phone: 630 553-6186 Fax: 630 553- 1482 To the Residents of the Bristol-Kendall Fire Protection - District This year' s 4`h of July celebration will be the 52nd annual event hosted by the Bristol-Kendall Fire Department. For over 40 years, members of the Bristol — Kendall Fire Department went door-to- door collecting money that has been spent to provide a community celebration for the 4`h of July. This year, again, we find ourselves in a position of no longer being able to cover our growing fire district and/or to spend additional evenings collecting on a door-to-door basis. By way of this mailing, we are attempting to collect enough money to continue this long — standing tradition for the residents of the Bristol — Kendall Fire Protection District. Please take a moment to consider a contribution toward this cause. Be assured that ALL money received will go towards this year or future years celebrations. Our annual spending for the 4th of July is approximately $22,000.00. Included in this are the costs of the evening fireworks, children's rides in the park, and other miscellaneous expenses. Rest assure that absolutely no tax dollars are being used to fund this celebration. This year we will be celebrating the 4"' of July on Wednesday July 4`h, 2007. As in the past, members of the Bristol — Kendall Fire Department will spend the entire day and evening to coordinate the events and provide manpower for this year's 4'h of July tradition. The fireworks will be best viewed from the old Countryside Shopping Center and will start at dusk. Please use the enclosed envelope to return your contribution toward the 2007 4`h of July celebration. Sincerely, Your Bristol-Kendall Firefighters %I �r ^°d y } . � • j r IT JUST C®E5 TOGETHER!.. SUMMER AND BASEBALL.. Please Join Us , Monday; August '27, 2007 i Kane County Cougars vs. Clinton Lumberkings (Texas Rangers), a (First Pitch Elfst�om Stadium. 34WO02 Cherry Lane (just off Kirk Rd.) Geneva Proceeds to `Benefit DEKALB, KANE SOUTW., AND KENDALL COUNTIES; INC (N AMIDKK) Tickets: (1/2 the purchase price is tax deductible) $30.00 (Individual) Picnic dinner will be provided $100 (family of four) r 3 ; Sponsorship Levels: (100% of Sponsorship. is.tax deductible) Base Hit: $150 (includes 2 tickets). Double: $250 (includes"3-tickets) brand Slam:. $500 (includes'4.tickets) For more information please:call ,630-896-6264, All tickets well be mailed by:. August 20. Reservations.received after that date will bee held at Couqars 5tadium WIII J. Call window on the day of:the event: Please gut out and return the bottom of this form with your reservation please count on my sponsorship(I understand that it is 10090 tax deductible) _$150 Bose Nit(includes 2 t,x)_; _$256 bouble(includes 3 t,x), ,$500 GSand Slum(mcludes4 t,x) - 'I want to purchase—tickets. I understand that tickets will be mailed to me by August 20 Reservations made`afteG ' that dine will be held at the X11 Call Office at Cougars Stadium. I've enclosed a check for;$',. Check# -,_ - > I am unable to attend,bu't want to make a donatitin to NAMI: Please accept Iny check for$ .'Check# My name and address are written below a Name ' tz Employer ' 's ; l h Address City State Zip s Phone Fax EMffi1 ' '" , x , MAKE CHECKS PAYABLE.ro NAMIDXK dtt PLEASE MAIL TO NAMIDKK 400 MERCY LANE AURORA ILLINOIS 60506 777777 '. a = a r4 �en DZ o � � t a October 2007 CL A Blessed Holiday Season to All 111 This has been a difficult year in many parts of the country,and the world.War and other disasters have taken their toll. Unfortunately, in this area,the seniors in The Salvation Army Golden Diners program, especially those who receive the Home Delivered Meals (HDM), are in need of some assistance,too. These older people, a majority of them women, are now homebound and unable to shop or prepare meals for themselves.The Golden Diners program provides a nutritionally-balanced noontime meal each weekday, brought to their homes, mostly by volunteers. For many,this is the only'good' meal they eat each day. About 18%of these seniors live at or below poverty level (about$10,210 per year). Others have high medication costs.20%of the recipients of the HDMs are unable to contribute anything toward the cost of their meals.This is a loss to our program of approximately$184,100 annually. We request a donation of$2.75 per meal,and although the actual meal cost to our program is about$6.50 per meal, no one is refused a meal due to an inability to contribute. Many of these elderly are in need of a nutritious meal each day to help prevent malnutrition,a growing problem in seniors. In Fiscal Year 2007,The Salvation Army Golden Diners provided 163,611 Home Delivered Meals to 1,481 homebound seniors in Kane, Kendall,and McHenry Counties, and 58,364 meals at Congregate'on site'to 2,248 seniors who are able to join us for lunch at one of our 15 sites in these same counties. During this season of Hope and Blessedness,we ask you to help us continue to provide meals for these elderly citizens who are unable to contribute toward the cost of this service. Our program relies heavily on the donations of the diners, and on those who are able to give more to help those less fortunate. May God Bless you and your family in the coming days. In Christ's and Your Service, �� Captain Vicky Horton Golden Diners Director Yes, I want to help The Salvation Army Golden Diners to provide meals to homebound seniors. $13.75 covers meals for one senior for one week; $27.50 covers meals for one senior for two weeks; $55 covers meals for one senior for one month; $660 covers meals for one senior for one year Name Address City, State,Zip Amount of tax-deductible donation$ Please make your check out to: The Salvation Army Golden Diners Mail to: 1031 E.State St. Geneva IL 60134-2483 KENDALL COUNTY HEALTH DEPARTMENT .4 Caring Place 811 W. John Street, Yorkville, IL 60560 630/553-9100 Fax 630/553-0167 September 24, 2007 Dear neighbors, We at the Kendall County Health Department are writing to gather your support for the 2007 "Share Your Blessing Program." Through generous donations from gracious comity residents like you, we have been able to ensure that less fortunate Kendall County families are able to enjoy the festivities of the holiday season. It speaks volumes to the character of our county when we as individuals are able to come together and support our fellow neighbors in need. The "Share Your Blessings Program" has successfully helped less fortunate Kendall County families experience the holiday spirit of giving since 2000. Last year the "Share Your Blessings Program" provided holiday gifts from over 30 county sponsors to 200 children. The program participants are generally families already engaged in services with the Kendall County Health Department. Without your generous support, these children and families would not have been able to experience the joy and festivities of the holiday season. Many families have expressed their deep gratitude for your caring, compassion and support. Enclosed you will find a "Share your Blessings" sponsor commitment form. Please use this form to provide either you or your organizations contact information, as well as the number of children you would like to sponsor. Sponsor commitment forms should be returned to the Kendall County Health Department by October 23rd, 2007. Once we have received your "Share Your Blessings" sponsor commitment form, we will then forward you information regarding the children you have agreed to sponsor. Although we cannot provide a child's name, you will receive information pertaining to their age, gender, and wish list items. Your generous support is desperately needed to ensure that less fortunate county families and children are able to experience the true spirit of giving. Please feel free to contact me with any questions at the following number: (630) 553-9100 ext. 8033. Thank you so much for your willingness to help our Kendall County residents enjoy the spirit of the holiday season. Sincerely, L Shelley Franklin Clinical Director Kendall County Health Department Kendall County Location Kendall-Grundy Community Service. Grundy County Location 811 W. John St. 111 East Washington Street Yorkville, Illinois 60560 Morris, Illinois 60450 815/941-3262 Fax 815/942-3925 Kendall County Health Department "Share Your Blessings" Sponsor Commitment Form Please fill out the sponsor commitment form and return to the address below by October 23, 2007. Share Your Blessings Program Kendall County Health Department Attn: Shelley Franklin 811 W. John St. Yorkville, IL 60560 Sponsor Name/Organization: Address: Telephone: Contact person: Our family/group/organization would like to commit to sponsor the following number of children in the Share Your Blessings Program: # of Children Each child will be asking for three gifts on their wish list. Other items which are always needed for the program include: Christmas Stockings Gift Certificates Gift Wrap and Tape Please feel free to contact Shelley Franklin at (630) 553-9100 ext. 8033 if you have with any questions or need additional information. fp0 C/py Reviewed By: Agenda Item Number J� 4 Legal ❑ C EST. 1636 Finance F-1 Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ ��,V� SCE �w Agenda Item Summary Memo Title: Approval of Historical Street Name—Rita Murphy Meeting and Date• COW/CC—November 13, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Meghan Gehr Administration Name Department Agenda Item Notes: HISTORICAL STREET NAME PROGRAM NOMINEE: RITA MURPHY ADDRESS: 215 Leisure, Yorkville, IL 60560 Phone: (634) 553-6716 REASON FOR NOMINATION: Rita was an only child and basically had everything a child could need. According to Rita she probably should have become a spoiled , self-centered, selfish individual . However, anyone that knows Rita would say she has proven to be completely opposite of the "only child" scenario. Rita explained that she began her awareness of volunteerism at a very early age. Rita's education was obtained through the Catholic school system. She laughingly explained when she was in third grade she began her path to volunteerism . Although there was not much a third grader could volunteer for; Rita did not hesitate to volunteer her mother's services by reassuring the nun that her mother definitely would not mind washing the classroom curtains. The look on her mother's face certainly must have been a Kodak moment when she picked up Rita from school and observed her little arms clenching the dusty classroom curtains. Rita's grandmother also helped set the assisting Others example for Rita. As long as Rita could remember, her grandmother continuously helped other individuals. During the depression, Rita's grandmother shared their food with many other individuals. She had a cellar full of foods she canned. She also purchased cases of soup and maintained a very large vegetable garden . She canned the vegetables and gave them to individuals that were hard- pressed and jobless due to the depression era. 1 Rita's mother also set an early example of volunteerism by continuously helping other individuals. Her mother was summoned to be a mid-wife for a young couple that lived in the apartment below their family. The young father lost his job during the depression and the couple could not afford to have their child born in a hospital. Another example was an elderly neighbor that concerned Rita's mother due to her poor eating habits. Every day Rita's mother would cook two extra meals for the elderly woman and ask her to dine with their family. Rita is the proud mother of three sons and five grandchildren. Rita and her late husband , Jack, raised their three sons in Downers Grove. When Rita's sons were attending a Catholic school , Rita volunteered to be chauffeur for the nuns. She would drive the nuns to register for various classes, to the grocery store, and numerous daily errands. Since the school did not have a nurse, Rita volunteered to assist with hearing, vision, weighing and maintaining health records of the students. She attended DuPage County Health Department training courses. Although she did not have a teaching degree, when a nun was ill and unable to teach her class, Rita was called upon to fill in for the nun. For each of her three sons, Rita was a den mother for the Cub Scout packs for more than five years. In the early 70's Rita served on the board of a Senior Day Care Center sponsored by . a Downers Grove Lutheran Church . She also volunteered time assisting at the Center. Rita was a member of the all-volunteer group that arranged girl scouts and brownie troops to visit with the Seniors. They also arranged visits from the humane society bringing pets to share with the elders. They provided movies, games and exercise programs for the senior individuals attending the Center. Rita and her late husband, Jack, served as election judges in Downers Grove for five years and in Yorkville for ten years. When Rita and her late husband, Jack, moved to Yorkville in 1909 they were both retired . Rita recalled the first week they lived in Yorkville, 2 Knowing how active Rita was as Jack sat across from Rita in the living room he said, "We could sit here and stare at each other 24/7; or, we could investigate Yorkville and see what may be available for us to participate in and volunteer for! " Deedless to say, Rita has been a very active volunteer In Yorkville since 1989. Rita and Jack volunteered to assist with the Salvation Army. Rita worked in the kitchen preparing meals and also served meals. Currently, Rita spends Tuesdays and Fridays at the Senior Services Center. She plays cards in the mornings and coordinates the well-attended afternoon bingo games. Rita is also the self- proclaimed "greeter' for any new individual that comes to the Senior Services Center. She takes pride in making the new individual feel welcome and comfortable. Rita will introduce the new individual to the other seniors and will share a luncheon table as well as a "get acquainted" conversation. Her goal is to make everyone comfortable and welcomed . Rita is a Citizen's Police Academy alumnus. She and her late husband , Jack, were members of the first graduating glass. She takes pride in serving the united City of Yorkville in any capacity she may serve. Rita is a very active member of St. Patrick's Church. She helps arrange all events; sings in the choir, arranges and serves funeral luncheons. Rita also prepares and sends handwritten cards to the sick parishioners as well as sympathy cards to the families of the deceased . Rita also volunteers her time and services for the Fox Valley Older Adults program in Sandwich. This program has approximately 30- 40 senior citizens in attendance. Rita has assisted with fund-raising dinners, breakfast bingo, and the Sandwich Fair Senior booth. Although it is somewhat of a distance for Rita to travel, she has made many long-time friends from lake Holiday, Sandwich and Somonauk. Rita stated the somewhat long ride and gas expense is worth it to meet old friends and assist other senior citizens. 3 Rita has ` graciously agreed to serve on several United City of Yorkville Senior committees and programs. When called upon for volunteer services, Rita never hesitates to donate her time and efforts. Rita continues to serve the community on a daily basis. Rite is currently participating in a program that makes and presents hand crafted holiday gifts for nursing home residents. She states that she receives satisfaction especially when she presents a gift to a stroke victim that can no longer speak. With tears in her eyes, Rita says her enjoyment is witnessing the glow and sparkle in the eyes of the individuals no longer able to speak, that joyfully accept her crafted gift. Rita is part of the early and current driving force in our community that continues to look for ways and means to assist other individuals. She was named "2007 united City of Yorkville Volunteer of the Year". When asked, "ashy do you donate ' so much time and energy volunteering and serving other individuals?" Rita responded, " It's the big smile on their faces and that surprised look suggesting someone would do something nice for me". When I asked Rita "What is your vision for Yorkville?" She replied, " I would love to see a Senior Center built with a large facility for the Food Pantry and an area for a Senior Day Care Center" . She further stated, " If I ever win the lottery, this would be my priority! " Nominator: Rose Spears 107 Center Parkway Yorkville, IL 60560 (630) 553-8371 -vocabsoq yo 4 `QED C!p` Reviewed By: Agenda Item Number rt Legal ❑ OR 11d3 Finance ESL � _;� 1836 F-1 Engineer ❑ Tracking Number � tq City Administrator F-1 9 p ' „` °a 0 Consultant ❑ ❑ eDyj y.3 <CE 11. Agenda Item Summary Memo Title: FY 2007 Tax Levy Meeting and Date: COW 11/13/07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Vote to approve for hearing Submitted by: Susan Mika Finance Name Department Agenda Item Notes: C'rl o Memorandum To : City Council EST. leas From: Susan Mika, Finance Director < [6 ' h CC: Brendan McLaughlin, City Administrator 9 1� p Date: November 9, 2007 K�<Wov ? Subject: Tax Levy jtE This is for City Council to authorize the $3,500,000 proposed tax levy for a scheduled public hearing on November 27, 2007. This proposed levy is only an estimate and changes can be made after the public hearing. Included is the spreadsheet to show the calculation of the proposed tax levy. Accordingly we are required to hold a public hearing on the tax levy before it is approved. This means before it is approved, the latest date to hold the public hearing would have to be November 27, 2007 and then Council would be asked to vote on it at the next City Council meeting which will be December 18, 2007. Per state statute we are required to file the tax levy with the County before the last Tuesday in December, which happens to fall on Christmas, therefore we need to file it no later than Friday, December 21 , 2007. E I I I i I I I m I ! I N en III II 0 m m. E c v � °� u10i a � v o M 'o a w WO (NOIW C) P- Oil -_M � VM Z � a . o O r O) d) 011 O IM MIM N M r O N Ini ml O N I,fA EA H3 fA EAIfA N V3 63 O MII N fA, f V1 --- -N. � . _ O O O O n W — i. W of j 0 0 0 of a of r ml W O (0 MM 10 W W 7 O O d 101 10 M in O O MIr O O 7 U N_ 0 0 N ' WI N 'ai O Oro 0 0 0 O10 O O Z Ol In NF O O � OI 0 0 0 OiO O O O of O UJ Q M Ili 'W W >pm ICI l ' � I ! L � d � � I z II / C IIII �N iniN W m W M : r V' M .— N N ' — N W a I i I M In W m W to N ! M N d O N t0 ' H O N 0 N M M .-- M 0) N N N ' N t` N 0) O WIN " NI •- V W N iV ! W N LL O !i LLl 1 � 1 Oi_ InI Oi __. ''. N Nj Oi ! I'll O O O O 0 ! — ID /� jr ! U Q E CL II I i i o � x o W c) m 0000 lo o v N tm HIN m ; o W (0 000 0 WN O o 0 0 1p 0 0 i Lu ID 0. Oilo OO � O O V , 01010 O 'I (IR N ( lW M y 0 0 O . 0 0 O , O O O O Oi ( ' OIO "I. t 4) C K 0000 iu of o ' 0 ' I � 1 i ! 5 C 0 z o c 0 (71 —oa ) l z NI ojLLl m m _ cni wl E li Q of Q � � `o � .. o o m � m m of ° c a O f7 C/ Reviewed By: Agenda Item Number a Legal ❑ �� L- 1. EST. Z lass Finance El Engineer ❑ Tracking Number City Administrator ❑ Consultant ❑ El PC 2007-22 <CE ibe' Agenda Item Summary Memo Title: B &P Properties - Rezoning and PUD Agreement Request Meeting and Date: COW/CC— N Dyembyr 13 , JoG-f Synopsis: Request to amend approx. 14 acres from M-1 to PUD allowing for a residential development consisting of 24 duplex lots (48 units) Council Action Previously Taken: Date of Action: October 9, 2007 Action Taken: Public Hearing Item Number: Type of Vote Required: _Majority Council Action Requested: Approval of PUD zoning and PUD Agreement Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached report. 2`�EO cir o United City of Yorkville Memo 4 T 800 Game Farm Road EST. sas Yorkville, Illinois 60560 h` Telephone: 630-553-8545 Fax: 630-553-3436 AIL Date: October 11 , 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-22 B&P Property Rezoning (M-1 to PUD) and Restated Annexation Agreement Request Background: The Plan Commission reviewed this request July 11 , 2007 and recommended approval of rezoning to PUD subject to addressing staff comments. General Comments: The rezoning request includes two adjacent parcels totaling of 14.325 acres and is currently zoned M-1 . The request is for PUD zoning to allow for 24 duplex lots (48 residential units) and consistent with the Concept PUD Plan dated May 11 , 2007 and attached to the PUD Agreement as Exhibit C. Caledonia Subdivision (Zoned R-2 PUD) is adjacent to the east of the subject properties. Westbury South Village Subdivision (Zoned R-2 PUD) is adjacent to the west and south of the subject properties Comprehensive Plan Recommendation: The Comprehensive Plan Land Use Plan for the property recommends Transitional Neighborhood use for the area this property is within. The density recommendation for areas recommended for Transitional Neighborhood use is 2.25 — 3 .5 units per acre. Staff Comments: 1 . The request for residential land use at a gross density of 3.53 units per acre is consistent with the Comprehensive Plan recommendation of Transitional Neighborhood. 2. The properties are currently adjacent on three sides to residentially zoned properties, therefore a request for residential zoning is a reasonable and appropriate request. 1 3. Staff requested the petitioner restate the annexation agreement to be a PUD Agreement. A draft agreement (dated September 7, 2007) has been submitted for consideration and staff recommends this draft be revised to include/address the following: a. Right-of-way and Utility Easement Dedication - Staff recommended requesting a dedication of 40 feet right-of-way measured from the centerline of Comeils Road and a 15 feet utility easement in addition and adjacent to the 40 feet ROW. The proposed agreement includes the 40 feet % right-of-way but not the 15 feet utility easement requested. b. A provision should be added to the agreement requiring the right-of-way and utility easement (described in a. above) shall occur within 90 days of a written request of the City. This provision should state the city would pay for preparation of the legal documents and associated costs. c. A provision should be added to state the developer shall fund the full- width reconstruction of Comeils across their frontage, and also contribute the $2000/residential unit road fee. The proposed agreement includes providing '/: width construction for this frontage. d. A provision should be added to state the developer shall pay the County Road Fee per 2006 policy — $ 1 ,626 per residential unit. e. In Paragraph D — Insert the phrase "in accordance with the Yorkville Subdivision Control Ordinance" after the phrase "SUBJECT PROPERTY" in the second to last line. f In Paragraph H — Delete the phrase ", including the calling of special meetings," Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) 2 United City of Yorkville, 800 Game Fann Road Yorkville, Illinois 60560 Telephone 630-553-4350 Fax: 630-553-7575 PC # P-00 -7 Z2- APPLICATION'& PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name; Date of Submission: Requesting: n Annexation : gZoning p Planned Unit Development p Special Use: 1 . Name ofPetitoner(s): B E P Properties, inc . , an Illinois Corporation Address: 632 Rock Spring Road Naperville IL Phone'Number. 630-988-3802 Fax Number. Email Address: hawkeyepartners @comcast. net Relationship of Petitloner(s) to subject property: a Owner KDeveloper )1 Contract Purchaser i 2. Name of holder of legal Otle, if different from #1 : Julie Ann Morelli Dec . of Trust Yorkville Lodge If legal title is held in a Land Trust, list the names of all holders of any beneficial interest #2371, therein: Julie Ann Morelli S, a). Co. Street address and physical location of subject property: Cortslslls Road, Yorkville, IL 60560 (it). Zoning of surrounding parcels: North: County A-1 Agricultural District" south: County A-1 Agricultural District East R-2 One Family Residential District West County -A-1 Agricultural District b): Legal description of property; attach as Exhibit°A". c). Total Acreage: 14 . 325: d). Kendall County Parcel Number(s);of property: '02-17-100-012 & 02-17-100`011 e). Current Zoning Classification: M-1 Limited Manufacturing District f): Zoning Classification Requested: F D g), Is this property within City limits? X Yes No; requesting annexation Page 1 of S United;Gity of Yorkville Annexation,PUD,Zoning,$padial Use Application Revisedi 1!728!06 i 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N /A 7. Does a flood plain exist on the subject property? No 8. Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Daniel J . Kramer phone : 630-553-9500 Attorney: Name: Daniel J . Kramer Address: 1107A S . Bridge St . , Yorkville IL 60560 Phone Number. 630-553-9500 Fax Number: 630-553-5764 Email Address: Dkramer @Dankramerlaw . com Engineer. Name: Address: Phone Number. Fax Number. Email Address: Land Planner Name: _ Schoppe Design Associates Address: 126 S , Main Street, Oswggo, IL 60543 Phone Number: 551 -3355 Fax Number 551 -3639 _ EmalAd_dress: _ mschoppe@schopl?edesign . net Page 2of5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1128106 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. It, Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1, Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy (pdo of each of the signed application (complete with exhibits) and site plan. i In witness whereof the following pefitioner(s) have submitted this application under oath and verily that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: ` 1 ) fIAa�7 (� Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) y" �S+rvwwez[t (�wt¢x sTIC� Subscribed and sworn to before me this day of 1_ 200 . OFF(C641, Nota Seal CATHERINE A MAUR rY NOTARY 151.10M•STATE Ot UWOIS MY f MA"ON EVIRE&IDGM TARlZED. Page 3 of 5 - United City of Yorkville Annmati on,PUD Zoning,Special Use Application Revised: 1W8106 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $209000 g. Deposit for Outside Consultants - under 2 acres —. $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4" Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page 4of6 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1 1/28/06 Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the D puty Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: LI /��0 /0 Signatur ofPetltioneP Page 5 of United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: 1 understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: `i if 0 Signature of Ntitioner Page 5 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1128/06 Legal Description The North 990.79 feet of the East 630.0 feet (as Measured along the North and East Lines) of the Northwest Quarter of Section 17, Township 37 North, Range 7 East of the Third Principal Meridian; excepting therefrom the North 645.0 feet of the East 559.98 feet (as measured along said North and East Lines) of said Northwest Quarter; all in the City of Yorkville, Kendall County, Illinois, containing 6.036 acres. _ - f • LU �ICI� 111 ,�,�(i�,c�;pu � I�ul°P�Vll��w!'I�io �tMILLt Iliolm ahi;1 Ii'11i i Ili -q • V4�h ,,illd1' `II�IIVm �ill_�U_ VulVm, IIIIVIU' IIIII�� m` vllt • P IIWia�le;io lu F� _ - = IS t Mimi' • • • • . LU IL • • �I B&P ro t- m I 1 It) I - yA�uBpXPO�PR Si45J I xx`: cP _ � �� mPnm pxtLrlelcwa+xmp zulo �cPR " °, ,�' LpnulEmxROexeY. '/.o AAA - _ rr pnaxnL lLLlWmMlpm .xrr. 1.n 1 IA y � MtYMFCItI 1RBry eP\ - � (Pi115.PE3FAFCx�MJ4lPlnf SypO MNtgVUASM110:N" f9F0 • � P1pPgpEN6>ACE =A>ne lXIPxxCgN.D6 - piA+O5Ep11ptp5 m ML ULEp P1AAYa1n MEAPIryKUpY *` 6E4TlFRMxiRr:px APED PER 4'Nf..Pf:,.. ..H( {lUx'!.i/6:F fkt' rev.�z-oznEnceommx.rncea�enr N nare•nw leemr.P+E ... ... rmu9Np.Axm .arw.e tPl:px 1eThe United City Of Yorkville ® Y Rtvsti aerEEmSER In zem 800Game fans Rtl COMPREHENSIVE PLAN uev sgo Yarkmil$e.IL 60650 UNITED CITY OF YORKVILLE G30-553.4350 tW101 IN 1 Subjedt Properties a .• � CaiedvNe'` Westbury S l'th Virg e Atk f � 1 f a, �� 1\v5\g�# � y 1 hk� 1 5 ` I N 12� Alf, t STATE OF ILLINOIS ) ss COUNTY OF KENDALL } ORDINANCE NO, 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS B&P PROPERTIES WHEREAS, on , 200_, the United City of Yorkville, Kendall County, Illinois, ("CITY"), in accordance with the statutory procedures provided in Section 11 -15. 1 -1 of the Illinois Municipal Code, approved and entered into an annexation agreement known as the Amended Annexation And Restated Planned Unit Development Agreement to the United City of Yorkville For B&P Properties, LLC an Illinois Limited Liability Company, and WHEREAS, the OWNERS and DEVELOPERS of the B&P Properties development, and the legal owner of record of the territory that is the subject of the Annexation Agreement have requested of the CITY that, pursuant to the provisions and procedures set forth in said Annexation Agreement, that said Annexation Agreement be amended and restated as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the OWNERS and DEVELOPERS of the B&P Properties, and the legal owner of record of the territory that is the subject of the B&P Properties development and Annexation Agreement are ready, willing, and able to enter into an Amended and Restated Annexation Agreement as set forth in Exhibit "A", and to perform the obligations as required thereunder, and WHEREAS, the corporate authorities of the CITY have determined that it is in the best interests of the United City of Yorkville that the said Annexation Agreement be amended as set forth in Exhibit "A"; and WHEREAS, the statutory procedures provided in Section 11 - 15. 1 - 1 of the Illinois Municipal Code for the authorization and execution of the amended and Restated Annexation Agreement have been fully complied with; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, as follows: SECTION l : That the Mayor be, and is hereby authorized and directed, and the City Clerk is directed, to attest a document known as the " Amended Annexation And Restated Planned Unit Development Agreement to the United City of Yorkville For B&P Properties, LLC an Illinois Limited Liability Company" set forth in Exhibit "A" hereto, as a comprehensive amendment to the Annexation Agreement. SECTION 2: That the Amended Annexation And Restated Planned Unit Development Agreement to the United City of Yorkville For B&P Properties, LLC an Illinois Limited Liability Company be made a part of this Ordinance and comprehensively amend the Annexation Agreement entered into and approved under Ordinance No. SECTION 3 : That Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALTER WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2007. ATTEST: CITY CLERK EXHIBIT "Al Revised October 17, 2007 STATE OF ILLINOIS } COUNTY OF KENDALL ) AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT OF THE ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE AND MICHAEL ROSENWINKEL AND TAMARA ROSENWINKEL DATED JULY 279 2007 TO THE UNITED CITY OF YORKVILLE FOR B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY THIS AGREEMENT is made and entered into this day of 2007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY, (hereinafter referred to as "OWNER"), of the County of Will, State of Illinois (hereinafter referred to as «DEVELOPER"). WITNESSETH , WHEREAS, DEVELOPER is the CONTRACT PURCHASER of real property which is the subject matter of said Agreement comprising approximately 14.325 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY'; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any 1 portion thereof classified as flood plain; and the Subject Property was previously annexed to the United City of Yorkville under Document #2004-42; and WHEREAS, DEVELOPER desires to re-zone the SUBJECT PROPERTY described in Exhibit "A" as a Planned unit Development, permitting the development of the SUBJECT PROPERTY for R-3 General Residence District PUD uses as set out in Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, DEVELOPER is desirous of developing the property with a duplex product in general terms pursuant to the Plan in Exhibit "C" attached hereto and incorporated herein by reference and which is entitled "Preliminary PUD Concept Plan" as prepared by Schoppe Design and dated May 11 , 2007; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re-Zone the SUBJECT PROPERTY, and the Plan Commission recommended said rezoning so long as DEVELOPER agrees to develop the PROPERTY as a Planned Unit Development and in general conformity with the proposed duplex development shown in the Preliminary PUD Concept Plan attached hereto and incorporated herein as Exhibit "C", and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of DEVELOPER for R-3 PUD General Residence District ; and WHEREAS, DEVELOPER has presented, and the CITY has considered, the Preliminary PUD Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit `B" as R-3 General Residence District and to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and 2 WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing on July 11 , 2007 in front of the CITY Plan Commission and in front of the CITY Council on September 28, 2007, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11 - 15. 1 -1 through 51 . 1 -5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment / Planned Unit Development Agreement by the CITY. —3 NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5111 - 15. 1 - 1 through 65 ILCS 5111 -15. 1 -5, as amended, as follows: A. ZONING. The CITY shall adopt an ordinance re-zoning the SUBJECT PROPERTY described herein in the attached Exhibit "A'; subject to the further terms of this Agreement as a Planned Unit Development, permitting the land uses set out as R-3 PUD General Residence District in Exhibit `B" attached hereto and incorporated herein by reference. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the R-3 PUD General Residence District. (i) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached Preliminary PUD Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit "C", as prepared and dated May 11 , 2007. However re-orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (ii) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein. (iii) DEVELOPER shall be required to dedicate Forty (40') Feet south from the Center Line of Corneils Road for roadway improvements purposes, and they contribute -4- by way of City Roadway Impact Fee for improvement of roadway adjacent to the subject property pursuant to Ordinance calculations. OWNER/DEVELOPER shall be required to dedicate a Fifteen (15') foot utility easement parallel and adjacent to the Forty (40') foot roadway dedication. In the event CITY requests such an easement in writing, the CITY shall prepare a Plat of Easement and legal description for approval by OWNERS/DEVELOPERS. The CITY shall repair and restore any trees disturbed or landscaping with an approved Landscape Plan by the City Council so as not to in any fashion diminish the value of said residence B. The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan together with Preliminary Plat, Preliminary Engineering, Final Plat and Final Engineering shall be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with the CITY Preliminary and Final Platting process without further public hearing. C. Te Applicant for Building Permits shall pay CITY and School District Transition Fees as well as all other fees required by the CITY pursuant to all Ordinances at the time of application. D. DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY water and Sanitary Sewer System at the time of improving the SUBJECT PROPERTY, in accordance with the Yorkville Subdivision Control Ordinance and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the SUBJECT PROPERTY. _5- E. Recapture Agreement for Road and Signalization Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation for Route 47 and Comeils Road signalization, shall be negotiated between DEVELOPER and the CITY prior to the CITY recording the first Final Plat of Subdivision. F. DEVELOPER shall be required to improve one-half (1/2) of Corneils Road adjacent to its frontage at the time of development. G. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the SUBJECT PROPERTY and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges, including, but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. H. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable -6- effort, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. L COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. J. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. K. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Michael Roth, City Attorney 800 Game Farm Road Yorkville, IL 60560 -7- To DEVELOPER: B & P Properties, LLC 632 Rock Spring Road Naperville, IL 60565 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. L. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. M. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of , 2007. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor —8— Attest: CITY Clerk Dated: DEVELOPER` B & P Properties, LLC By: Attest: Dated: —9— Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553 .9500 -10- EXHIBIT LIST Exhibit 'W' Legal Description Exhibit `B" R-3 Zoning Ordinance Exhibit "C" Preliminary PUD Concept Plan -11- STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- ORDINANCE APPROVING THE REZONING OF CERTAIN PROPERTY FROM M-1 TO PUD ZONING CLASSIFICATION (B&P Properties) WHEREAS, Julie Ann Morelli Dec. of Trust and Yorkville Lodge #2371 (OWNERS) are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the "Property"), and WHEREAS, the Property is located on Comeils Road in Yorkville, identified by Kendall County Parcel Numbers 02- 17-100-011 and 02-17-100-12 and consists of 14.325 acres; and WHEREAS, under the Property is presently zoned M-1 by the United City of Yorkville under the Yorkville Zoning Code, being Title 10 of the City Code of the United City of Yorkville, Illinois; and WHEREAS the OWNERS have made application by petition for the rezoning of the Property to PUD District; and WHEREAS, said petition was duly referred by the City Clerk to the City Council of the United City of Yorkville, who, in turn, referred said application to the Yorkville Plan Commission for study and recommendation, and to the Yorkville Economic Development Committee for recommendation of a final decision; and WHEREAS, simultaneous to this petition, the OWNERS have submitted a petition to amend and restate the governing Annexation and Planned Unit Development Agreement for the Property; and WHEREAS, the Yorkville Plan Commission and the Yorkville Economic Development Committee have found that the PUD zoning classification requested is appropriate and supported by the Comprehensive Plan for the Property, that the proposed re-zoning satisfies all other standards for re-zoning under Section 10-14-7 of the United City of Yorkville Zoning Code; and as such has recommended approval the rezoning of the Property as requested; and WHEREAS, all notice, hearing and other procedural requirements provided by state statute and the Yorkville Zoning Code have been fully complied with; and WHEREAS, the City has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS : 1 . The findings of fact and conclusions contained in the aforesaid preamble recitals of this Ordinance are hereby determined and accepted. 2. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as follows: B-2 General Business District with the uses permitted being those uses listed as Permitted Uses under Section 10-7C- 1 of the United City of Yorkville Code. 3. The Yorkville City Clerk is hereby directed to file and keep on record said a certified copy of this Ordinance after its passage and signing by the Mayor, and file said Ordinance after its passage and signing with the applicable County Recorders Office and the applicable County Clerk, at the earliest possible time. 4. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY C/56842.2 0fI4 Reviewed By: Agenda Item Number Legal ❑ p W -i' 1636 EST 1836 ❑ Engineer . r Tracking Number 1 y City Administrator ❑ ®, ffl 0 D� Consultant ❑ PW 2007- 134 < F1 C Agenda Item Summary Memo Title: Proposed Wetland Ordinance Meeting and Date: � 6W B , 2007 Committee of the Whole 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: Discussion and possible adoption Submitted by: Joe Wywrot City Engineer Name Department Agenda Item Notes: 0 Memorandum Esr. , iris To: Brendan McLaughlin, City AdnV mstrator From: Joe Wywrot, City Engineer , UZ CC: Mike Roth, City Attorney Lisa Pickering, Deputy City CIA <CE i�• Date: October 5, 2007 Subject: Proposed Wetland Ordinance The proposed wetland ordinance was discussed by the Public Works Committee on October 2, 2007. 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 the ordinance was sent back to the Public Works Committee recently for discussion. At their meeting on October 2"a, the PW Committee decided to forward this ordinance to the Committee of the Whole for discussion. One developer was present, who suggested various changes to the ordinance (see attachment). Those comments have been distributed in-house for review. The PW Committee also asked for Mike Roth to review the ordinance from a legal prospective. Please place this item on the Committee of the Whole agenda of October 9, 2007 for discussion. Page 1 of 2 Joe Wywrot From: Fitz, Andy [AFitz @oakwestiand.com] Sent: Wednesday, October 03, 2007 2:30 PM To: Joe Wywrot Cc: Bart Olson ' Subject: RE: Yorkville Proposed wetland ordinance Joe — Thank you once again for allowing me the opportunity to offer my input on the proposed ordinance. I have listed below several specific concerns, but I would also like to comment on more general issues as well: 1 ) Before adopting these regulations I would ask that Staff review available NWI and NRCS maps in order to better assess and perhaps quantify the potential impact to private property owners and to future development in general. It may be that there are already areas that the City has identified for future development that would be unduly burdened by these regulations. 2) It is my opinion that the % acre threshold for wetland disturbance is too restrictive. Some of the purported benefits provided by isolated waters of this size such as sediment trapping, stormwater runoff control, groundwater recharge and slowing the release of water are already provided from stormwater detention and retention basins, parks, parkway areas and private lawns. I think it is also a dubious notion that areas this small truly provide any significant habitat for wildlife. I would suggest that the City focus its efforts on preserving, protecting and enhancing those larger significant isolated wetland areas, 3 acres and greater in size, that may be in danger of being lost to development and which would most benefit from the passage of this ordinance. Please find below my more specific comments/concerns with the proposed isolated wetlands ordinance. I have attempted to cite specific provisions wherever appropriate. 1 ) Provisions pertaining to roadside drainage ditches should be removed from this ordinance, due to the fact that the ditches themselves will be eliminated when perimeter roads are improved and widened with curb and gutter per City Ordinances as development of a property occurs. Article 2, Section 2. 1 Definition of Terms: "Category III Wetland Impact, "Channel', 'Isolated Waters of Yorkville", 'Roadside Ditches" Article 3, Section 3. 11 Buffer Requirements, Subsection 2, 1St Paragraph, 4th Sentence Article 3, Section 3.2.4 Wetland Permit Submittal Requirements, Subsection 5.2(c) 2) Provisions pertaining to farmed wetlands should be removed from this ordinance, due to the fact that they do not meet all three (3) criteria to be classified as a wetland pursuant to the ACOE 1987 Manual and wetland determination methodology. Article 2, Section 2. 1 Definition of Terms: "Category VI Wetland Impact', "Farmed Wetland", "Isolated Waters of Yorkville" Article 3, Section 3. 1 .3 Stormwater Management within Isolated Waters of Yorkville, Subsection 1 , 2nd Sentence Article 3, Section 3.2.4 Wetland Permit Submittal Requirements, Subsection 5.2(0 Article 3, Section 3.2.5 Requirements for Wetland Delineation, 1St Paragraph, 10th sentence Article 3, Section 3.2.5 Requirements for Wetland Delineation, Subsection 6 3) Article 11 , Fee-In-Lieu of Wetland Mitigation: This language is extremely vague. The Development Community and the City should work together to come up with a reasonable and fair formula. Thank you. I nicMnm Page 2 of 2 Andy Fitz, AICP Oakwest Development 1801 S. Meyers Road, Ste 500 OakBrook Terrace Corporate Center OakBrook Terrace, IL. 60181 Office: (630) 613-2802 Fax: (630) 613-2793 From: Joe Wywrot [mailto:jwywrot @yorkville.il.us] Sent: Wednesday, October 03, 2007 12:33 PM To: Fitz, Andy Cc: Bart Olson Subject: FW: Yorkville - Proposed wetland ordinance Andy, Per our discussion last night, please send me any comments regarding the proposed wetland ordinance by Monday, October 8th. This ordinance is on the Committee of the Whole agenda of October 9th Thanks, Joe Wywrot Yorkville City Engineer (630)553-8527 (630) 553-3436 fax From: Joe Wywrot [mailto:jwywrot @yorkville.il.us] Sent: Tuesday, August 14, 2007 5:29 PM To: Bart Olson (bolson @yorkville.il.us) Cc: Travis Miller (tmiller @yorkville.il.us); Michael Roth; Lisa Pickering (Iickering @yorkville.il.us) Subject: Proposed wetland ordinance Bart, Per our previous discussion, please place this on the Sept. 4th PW Committee agenda for discussion. Joe Joe Wywrot Yorkville City Engineer ( 630 ) 553 - 8527 ( 630 ) 553 - 3436 fax 10/5/x.007 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 i AUTHORITY AND PURPOSE Section 1 . 1 Statutory Authority ................ .............................................. ......... 1 Section1 .2 Findings.............................................................................................................. 1 Section1 .3 Objectives ..............................................._................_..................................... 1 Article 2 DEFINITIONS Section 2. 1 Definifion 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 ............................................................ i 1 Section 3.1 .3 Stormwater Management within Isolated Waters of Yorkville ...... 11 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._ j_. Deletes: 13 _ Section 3.1 .6 Maintenance of Stormwater Management Facilities..................... 13 Deletee: 1z Section 3.2 Wetland Permit Provisions .......................................................................... 13 Section3.2. 1 ApplicabiGty................................................_.._..................__........................... 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 E leted: 19 Section 3.2.5 Requirements for Wetland Defineafion......._.. ..._............. 16 .........•.......... eted: i6 ' Section 3.2.6 Wetland Permit Conditions....._.........................._.................._........................ 1 b ; leted: l9 Article 4 WETLAND IMPACTS AND MITIGATION REQUIREMENTS * / eted: 16 Section 4. 1 Unmifigable Wetland Impacts .................................................................. 9 ; eted; 1 a eted: 79 Section 4.2 . Wetland Mitigation Requirements..........._............................................... 19 ; eted: 21 Section 4.2.1 General Mitigation Requirements ...._....................................:............ 19; eted: 2D Section 4.2.2 Mitigation Hierarchy............................................................................... eted: z2 Section 4.3 Wetland Mitigation Plan ........................................._.-...........-.................... 21 .0 : eted: 21 Section 4.4 Wetland Mitigation Monitoring Protocol............. ............_............... 2� �' eted: 24 Section 4.5 Wetland Mitigation Performance Standards ......................................... ' eted: 23 eted: 25 Section 4.6 Post Construction Submittal Requirements............................................. _ ' eted: 24 Section 4.7 Mitigation Requirements for Non-performing Wetlands ........_........-... ?� _ eted: 26 Article 5 LONG-TERM MAINTENANCE PROVISIONS eted: 25 eted: 26 Section 5.1 Long-term Maintenance ........................................................................:... ' _ tes: 27 Section 5.2 Transfer to City or Other Public Entity................................................... ... Deleted: 27 Deleted: 28 Deleted: 27 Deleted: 29 Section 5.3 Transfer to Homeowner's or Similar Association .................................... 28 Deleted: 28 Section 5.4 Conveyance to a Person or Entity Specializing in Conservation....... 27_,�= Deleted: 29 Section 5.5 Incorporation of Maintenance Obrigations in Wetland Permit.......... 29-,!- Deleted: 28 Deleted: 31 Article 6 FEES, ENFORCEMENT AND PENALITIES Deleted: 30 Secflon 6.1 Fees and AoDlication Pavlew Times ......... :.............._.........:.. 311 Deleted; 31 Section 6.2 Enforcement ............. ............................................................................. 31 s Deleted: 30 ............................ 31 _ Deleted: 31 Section 6.3 Penalties and Legal Actions :..._..........................:......... -v__ Deleted: 30 Article 7 GENERAL PROVISIONS Deleted` 33 Section 7.1 Scope of Regulation........................................ ..... 3 Deleted: 32 Deleted: 33 Section7.2 Exemptions .................................................................................................... 37.... Deleted: 32 Section7.3 Severabiity .................................................................................................... 3 :- - Deleted: 33 Section 7.4 Abrogation and Greater Restrictions....................................................... 3 � Deleted: 32 Section 7.5 Effective Data ............................................................................................... �_ ' . Deleted: 33 Deleted: 32 Article 8 VARIANCES AND APPEALS Deleted: 33 Section 8.1 Variances................ ..........................................._............................ 3� Deleted: 32 ............ . • Deleted: 34 Section 8.2 Vanance Conditions.........._........................................................................ Deleted: 33 SectionB.3 Appeals ................_.....................................................................................- 3 `;: Deleted: 35 Article 9 ADMINISTRATION Deleted: 34 Deleted: 35 Section 9.1 Responsbi6ty for Administration................................................................ 3§ ^; Deleted: 34 Section 9.2 Representative Capacity.......................................................... ............... �_ Deleted: 36 Section 9.3 Service of Notice..............................................................................._......... 3L4, Deleted: 35 r `, Deleted: 36 ' Article 10 PERFORMANCE SECURITY Deleted: 35 Section 10. 1 General Security Requirements .............:...................................._............ 37� Deleted- 36 Section 10.2 Wetland Mitigation and Naturarizad Basin Performance Security.... 37_ ;, Deleted: 35 Section 10.3 Performance Secur tv.........................................................I........................ Deleted: 37 - - - - - - - - - - - - - - - � ` ' Deleted: 36 Article 11 FEE-IN-LIEU OF WETLAND MITIGATION o • \ Deleted: 37 Section 11 . 1 Fee-in-6eu of Wetland Mitigation ............................................................. 39 '; , Deleted: 36 ........... 39 `p ,1,, Deleted: LeHen of CredB Section 11 .2 Procedures and Use of Funds......................................................... , Deleted: 38 APPENDIX A WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART tt `, Deleted: 37% APPENDIX WETLAND PERMIT SUBMITTAL CHECKLIST `� Deleted: 39 APPENDIX C WETLAND MITIGATION PLAN CHECKLIST `p. Deleted' 3B Deleted: 39 .. ` Deleted: 38 Authority and Purpose $ n n n 9 9 9 n 9 9 n n n 9 n 9 n n n 9 n 9 n 9 9 n n 9 n 4 n n n 9 UNREO CNY OF YORK"L E WMND PROUCfiON ORDINANCE AVMORIIY.AND PURPOSE FOR WATER QUALITY B STORMWATER MANAGEMENT BENEFUS - -- . 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 Fox River. Aux Sable, Blackberry Creek, and Rob Roywatersheds includngafheir tributaries,: Deleted: , A ttSable, and FDz are indispensable and fragile resources that provide many pubic benefits including maintenance of surface and groundwater quority 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, ao 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 widlife including migratory waterfowl, and rare, threatened or endangered wildlife and plant species; and pollution treatment via biological and chemical oxidaflon 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 US. Furthermore the City Council declares a long-term goal of net gain of Isolated Waters of Yorkville and Wafters of the U.S. to be accomplished through mitigation requirements of this Ordnance. Section 1 .3 Objectives The principal objective of this Ordnance is the protection, preservation, replacement, proper maintenance, restoration, and use in accordance with the character, adaptability, and stabiity of the Isolated Waters of Yorkville in order to prevent their pollution or contamination; minimize their disturbance, and prevent damage from erosion, silfaflon, and flooding. Other objectives of this ordnance 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 t UNITED CRY OF YORKVILLE WETLAND PROTECTION ORDINANCE AUTHORIrY AND PURPOSE FOR WATER QUALITY & STOP.MWATER 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., floodploin 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 ' fiiCie 2 , , Deleted: y Definitions s 9 9 9 9 9 9 9 1 9 9 9 9 9 9 Y 1 9 9 9 1 9 1 i 9 1 1 9 UNITED CITY Of YOEMI-a W HAND PROTECTION ORDINANCE DEFINITIONS FOR WATER OVALITY I. STORNRdATER 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 Ordnance 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 ci fical 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 stabirization, 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 qualify 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 facf lies 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 wefland impacts to high quality aquatic resources as defined in this Ordinance. Category VI wetand 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 dromageway 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 UNREDCIrYOFYORKVILIEWETLAND PROTECTOR ORDINANCE DEFINITIONS FOR WATER QUALITY 6 STORMINATER 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 thoWeg 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 sold development that is under the requirements of this Ordnance 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 simlar projects; C. the construction or erection of levees, walls, fences, dams, or culverts; D. drilling or mining activifler, E the clearing of land as an adunct of construction; F. channel modifications, filling, dredging, grading, excavating, paving, or other nonogricultural 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 191B7 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, 1. the storage of materials and the deposit of sold 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 facifities such as resurfacing of roadways when the rood elevation is not significantly increased or gardening, plowing, and similar agriculture practices that do not involve fitting, grading, or construction of levees. Nor does development include agricultural uses, maintenance of existing drainage systems for the fimited 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 I UNITED CITY OF YORKVILLE W ULAND PROTECTION ORDINANCE : CEFINI110N5 TOR WATER OVAL" a STORMAIATER MANAGEMENT BENEWS Ecological restoration is the re-establishment of a natural area or plant community via associated management practices such as prescribed bums, 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 carbonote-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 floristc quality 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, 4r* 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 (HQAR) means aquatic areas considered to be regionally _ critical due to their uniqueness, scarcity, and/or value, and other wetlands. considered to perforn functions important to the pubric 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 fFQi of 25 or greater and a native Mean C value of 3.2 or greater. Article 2 5 ... _ .. UNITED CRY OF YORKVILLE WETLAND PROTECTION ORDINANCE . . . - DEFINmoNS - .. .. . . . . . .. . : .. . 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 (IBn 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 IN value can range from 12 to 60 (low to high rating). Isolated Wafers of Yorkville means all wetlands; waterbodes 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 US. Army Corps of Engineers jurisdiction and are located within the frmits 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 Ordnance or Section 404 of the Clean Water Act Is not excluded. Intermittent stream is a stream whose bed intersects the groundwater table for any 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 water 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 conservattim (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 criminate 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 Welland (OBL=5), Facultative Wetland (FACW=3), Facultative (FACE), Facultative Upland (FACU=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. MRCS is the United States Department of Agriculture, Naturai 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. P.elatfve Importance Value (PIV). 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 tronsect 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 capocity 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. USAGE 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 De(neahon Manual within three years of the inttial 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 condifions, 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 Manua)). 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 WMAND PROTECTION ORDINANCE - - - ' - -_` .DEFlNTIIDNS - -- - FORWATERQUALITY & STORMWATER MANAGEMENT BENEIM - - - -- - 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 , rticie .9s Deleted: $ Wetland Protection Standards and Permit Provisions I A A 9 A A A A A 9 9 A A A A A q A A A 4 9 A A 9 A 9 q A UNITED CIIYOFYORKVILLEWENANDPROTECDDNORDINANCE WMMD PROTECTION STANDARDS AND PERIM PROVISIONS - - • - : _ .. . FOR WATER QUAWT L STORMWATER MANAGEMENT BENEFITS - - - Section 3.1 General Standards The requirements of this Ordnance 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 effher Isolated Wafers of Yorkville or Waters of the U.S, except for areas that meet a Category III definiton. Isolated Waters of Yorkville are under the jurisdictional authority of the Unffed City of Yorkville and this Ordnance and are defined in Section 2.1 of this Ordnance. Waters of the U.S. as defined in Section 2. 1 of this Ordnance refers to areas that are under the jurisdictional authority and regulated by the United States Army Corps of Engineers (USAGE). 2. Buffer areas are dvlded 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 defintion of a Category III wetland (roadside ditches and manmade stomrwater management facility, refer to Section 21 ). For areas under the iurisdction of the USACE the most stringent buffer reauirements shall aoply. 1 ) Linear buffers shall be designated along both sides of the channel. The buffer w dth 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 v A require an additional 50 feet of buffer. The buffer slope shall be determined from the average slope landward of th too of bank To evaluate tog of bonk for purposes of this Ordinance the too of bank shag be the highest point of elevation: artificial or notural. 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. (Intfial IBI based on IEPA 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 T/ acre and deterrnined not to be a high quality aquatic resource (HQAR). The buffer width shag be defermined as follows. a. For all wetlands with a total surface area greater than one quarter (114) acre with floristic qualify values of native Mean C < 2.8 and/or native FQI ¢ 20 and Article 3 - 9 UNITED CITY OF YORr"LLE WE I AND PROTECTION ORDINANCE - WETLAND PROTECTION STANDARDS AND PEP,MIIT PP.O"SIONS FOP, WATER QUALITY B STORMWATER MANAGEMENT BENEFITS ` determined not to be a HQAR a minlmum buffer width of '0 feet §hail be - - Dented: 50 established Also_fv_e [51 additional feet of buffer shall be required for each percent of buffer slope i gwords •hd w;;land 1,hat is greater than 1 D% up to a maximum of a 1 DO foot buffer. b. For all wetlands vvith a total surface area or a•erthan one ru-rer [I /zi -acre with °oristic quality values Of native Mean C ? 28 arid native FOI ? 2u^ and determined not to be a HQAR, a minimum buffer width of 50 feei shall be esfabfshed Aka five f5) additional feet of hi fter =Hall be re aired for eat percenf of buffer slope towards the wetland that is areater than 1 D9 uo to a maximum of a ! 00 foot buffer, c. For all wetlands regardless of size that meet the definition of a HQAR fephemeral 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 fFQI) of 25 or greater and a native Mean C value of 3.2 or greater), shall have a minimum buffer width of 1 DO feet. 3. Buffer areas for all finear Isolated Waters of Yorkville or Waters of the U.S., -shall extend_ _ _ - Deleted: DDd from the too of bank The buffer area for non-linear Isolated Waters of Yorkville or Waters of the U.S., except wetlands, shall extend from &gters_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 overaalno shall be permitted at the discretion of the Administrator but at no tim shall the buffer width at any aiven point be less than 50% of the reaulred width and provided that the total buffer area reaulred is achieved A reduction of buffer width shall not occur for any portion where the adiacent landscape has a SIODe towards the wetland eaual to or areater f han 3:1 • except if on existing barrier, e a earthen berm is in Place that slows and/or contains the surface water runoff toward fhe wetland In such case, the exlstina barrier shall remain in oloce and be incoroorated into the desian The bg,M2[ shall be maintained as part of the reauired 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 Sol Erosion and Sediment Control Ordinance and planted with appropriate vegetation as stated above. S. 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 1 D UNITED CITY Or YORKVILLEWEMAND PROTE CTIONORDINANCE WETLAND PROTECTION STANDARDS AND Fm= PROVISIONS _ .. . . . ._ FOR WATER aUAUTY & STORMWATER MANAGEMENT BENEFITS 9 Preservation of buffer areas shall be provided by deed or plat restrictions. Qnly oubfc er _ - 1 Deleted: No blic property a mt.nicioal common Homeowners Association fHO.At at fines shall be allowed within the limits of the buffer areas. 10. Features of a stormwater management system approved by the Administrator may be I 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 feature aidproyided_ there is no direct discharge to the_ - _ - oeletea: rea ores wetland habitat. A storrrwcter management feature shall be located at C minimum fifteen 1151 feet from the edge of wetland or `op of bank for linear buffers Discharge from the stormwoler management feature shall be directed ro the ouislde edae of the required buffer width to allow the full width of the buffer to be used for enerav dissipation and water auafty protection. 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 soft, dumping or filling, erection of structures, and placement of imperious surfaces except as follows•. 1 ) A buffer area may be used for passive recreation (e.g., bird watching, walking, Jogging, bicycling, and picnicbng) 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 grass path shall be located at a minimum fifteen ( IS) feet from the edae of wetland or stream. If the path leads to a wetiand, 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 paved pa h or frail widlfi is greater than 15% of the buffer width then the path width shall be added to the overall buffer width Where aress trios aro deli ed adiacent to pa`hs 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 charocteristic 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 i UNIMD CD OF YORRVILLE WETLAND PP.OTECIRON ORDINANCE PAETLAND PR,OTEC7014 STANDARDS AND PERAMT PROVISIONS FOR VAArER QUAUTY & STORiRWAT-cR MANAGEMENT BENEFlT . 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 >_75% gf one or more of the following species. • Reed Canary Grass (Pholaris orundinacea): • Purple Loosestrife (Lythrum sollcaria). • Common Reed (Phrogmites australls). • buckthorn (Rhamnus spp.). 1 ) The stormwafer 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 IOQ-year, 24-hour storm event. h'Aifiaation : _ - Deletes: me credit for designed permanent open water area sj shall not be granted for _ _ DrJeted: comt[tute more than 2D7 of the ,averall required migafinn acreage. At the discretion of _ _ - fhe Administrator. however greater Than 2O% uo to a maximum 52% mitigation - Deleted: imported wetland credit for open wader may be aoolied for mitigotion designs that treat Interspersion of open wafer with emeraent wetland habitat up to a maximum 507. 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 ligh Water Level (HWL). 3) A three (3) year management and monitoring plan shall be provided for the naturalized stormwafer 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 storrnwater management facilities within wetland habitat if the designed naturalized wetland basin meets the above criteria If the proposed stormwafer 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 Wafers of Yorkville or Waters of the U.S. 1 . There shall be no direct discharge of stormwafer runoff to Isolated Waters of Yorkville or Wafers 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 inducing the 2-year event w%dhin the wetland. All discharges shall be to the wetland buffer. Pre-treatment measures may be located within the buffer wth approval from the Administrator. Appropriate energy dissipation measures, such as level spreaders, shall be provided to prevent erosion and scour. Article 3 12 UNITED CM OF YORKVILLE WEiTAND PROTECTION ORDINANCE WETIAND PROTECION STANDARDS AND PEWa 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-evaluaton of all preserved wetlands shall be completed during Cl simflar stage of the growing season as was conducted for the original assessment 1±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 Ordnance 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 stormwater 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 wetiand tinge and/or buffer (f applicable). If any disturbance to the wetland fringe is unavoidable, then the wetland tinge 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 matntenance activity. Section 3.2 Wetland Permit Provisions Section 3.21 Applicability 1 . No person, firm, corporation, governmental agency, or organized dstnct shall commence any development regulated by the City on any lot or parcel of land without first submittal of applicable items presented in 322 and 3.2.4 and receipt of applicable permit. 2 No lot fines shall occur in created, restored, enhanced, or preserved Isolated Waters of Yorkville or Waters of the U.S. and their associated buffer areas. Section 3.2.2 Wetland Determination Requirements 1 . Development projects near wafer courses, depressional areas, wetlands or Waters of the U.S. identified on National Wetlands Inventory (NWI) mdp, Natural Resource Conservation Service wetland map. or as requested by the City shall provide a letter of findings from a Deleted: If noweflands are qualified professional that identifies all isolated Waters of Yorkville, Waters of the U.S., and identified within the limit of the natural areas on or within 1DD feet of the project site. Identification of each of these site Dr within nd tetemlin lion then a wetland determftTafion areas shall include a floristic inventory and flolsflc quality assessment (FQA) data. Qffs te_,' letter of findings shall be submifted flands or Waters of the US within 1DD feet of project site shall be assessed for that contains anodsncInventory and FQA data fw the site. Article 3 73 UNITED CITY DF YORMI E WETLAND PROTECTION ORDINANCE VVEi LAND PROTECTION STANDARDS AND PEPMIi PROVISIONS - FOR WATER QUALITY & STORRRWATER MANAGWENT BENEFITS vegetative auali`v and sire to the extent feasible It 000licont demonstrates that access to offsite property was not obtainable, the Administrator mov waive the reouirement for survevino of offsi`e wetland boundaries I no wetlands are identified within the limits of the site or wlih'.n 100 feet of the slie, then a wetand determination leTrer of f rdinas shall be s'ibmitled that contains a brief description of the plant communities present on site and a copv of the Natural Resources irfonna'ion (NRI) Report ,rectared by the Counfv Soil and 'dilater 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 1DD 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 Wetland Permit Submittal Requirements Appendix A contains the Wetland Permit Apprication and Permit Submittal Flowchart. Appendix B contains the Wetland Permit Submittal Checklist for use with the permit submittal requirements. With the firing of a Wetland Permit Application, the applicant and owner Fit 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 325. 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 Ordnance 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 Ordnance. 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 YORrviLLE WETLAND PROMCRON ORDINANCE WETLAND PROTECUON STANDARDS AND PERMIT P40WSIONS -FOR WATER QUAUTY B: STORMWATER MANAGEMENT BENEFITS - - - 3) All wetland impacts that occur in the City's jurisdiction shall be mitigated for within the some 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 vdth the City's Soil Erosion and Sediment Control Ordinance. 5. For proposed impacts only to Isolated Wafers 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 1: Welland impacts less than or equal to one (1 ) acre and does not impact a HQAR. b. Category It: 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 N: 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 Illinoa Natural Areas Preservation Act 1520 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) Wfigation plan (f appricable) that meets the requirements of Article 4 of this Ordnance. 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 11 or Category V impacts shall also require a detailed discussion of alternative analysis to avoid minimize, and mifigate for wetland impacts to Isolated Waters of Yorkville. Article 3 1s UNITED CITY OF YORKVILLE WErI-kKD PROTECTION ORDINANCE WETLkHb PROTECTION STANDARDS AND PERMIT PROMSIONS '. FOR WATER QUALITY & STOP.MWATER MANACEMENT BENEFITS - - 8) For Category III impacts only A narrative of the measures taken to mitigate for last water quality functions. such as the MIDI men a I n or BIAPt =�oarova1 o - - Deleted: . appropriate BMPs will be or 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 mitigaflon 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 Wafers of the U.S., the wetland submittal shall include all applicable items within Section 3.2.4. Section 3.2.5 Requirements for Wetland Defrneafion 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 onslie 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 discretion of the Administrator. the occeoiable delineation period may be modified due to unusual weather or other conditions. 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 IDD 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 floodplain map. Article 75 UNUED CITY OF YORKVILLE WETTAND PROTECTION ORDINANCE WETIAND PROTECION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALIrY & STOP.MWATER MANAGEMENT BENEFITS . - - - - - 4. Completed USACE data sheets with representative color photographs provided for each data point. 5. A description of each wetland habitat(s) that includes the following: 1 ) FQA data that follows the methods provided in Swink, F. and G. Wilhelm's Plants of the Chicago Region [Latest edition)_ In general, the floristic inventory shall be_ _ _ - Deleted: 1994. 4% Eirmon conducted between May I S"+ and October. 15 . Al the discretion of the_ _ _ _ Deleted: 10 Administrator, `he a ceotable veaetation assessment period mov 1�. modified 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 w ldlife, 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 32.6 Wetland Permtl 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 Wetland Protection Ordnance will be fulfilled, to avoid, minimize or mifigate 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 firing 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 pem-it automatically voided. Abandonment of the project may subject the permittee to forfeiture of the performance security. 4. Any permit granted under this Ordnance 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 lTI ELAND PROTECTION ORDINANCE WEP3.ND PROTECTION STANDARDS AND PERMIT PROVISIONS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS 5. A developer who has received a wetland permit under this Ordinance shall comply with the following in connection v✓ith any construction or other activity on the property for which the wetland permit has been issued: 1 ) Comply v✓ith 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 permlifee may approve a maximum one (1 ) year extension. _ Arficle 3 18 rffcle 4 Deleted: q Weffand Impacts and Mifigaflon Requirements 9 9 q 9 q 9 q q 9 9 q 9 9 q 1 9 9 1 1 q 9 9 q 1 q 1 q q q 9 q r, UNITED CIO OF YORrVILLE WEIlAND PROTECTION ORDINANCE WnANDIMPACTS ANDMITGATION REQUIREMENTS FOR WATER DUALITY S STOP.MIRkTER MMAG-EIJ,EIdT BENEFITS Section 4.1 Unmitigable Weiland 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 Weiland PAitigafion 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 '/ (125) acre to Isolated Waters of Yorkville defined under Category I. Category II, 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): i ) A minimum of 1 .5:1 for wetland impacts under Category I or 11 that are not to a HQAR and are mitigated on-site 2) A minimum of 1 :1 forwetland impacts under Category VI and are mitigated oh- 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 Wetlond Permit Submittal Requirements, as applicable, following Section 32.4 of this Ordnance. b. Wetland mifigation 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 2076 of the required mifigation acreage. At the discretion of the Administrator, however, greater than 201 up to a maximum 50% m`tiootion credit for open water may be applied for mifigation desians that create interspersion of open water with emergent wetland habitat. Article 4 79 1. UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE - WETLAND IMPACTS ANDMIUGATION REQUIREMENTS . - FOR W ATER QUALITY & STORMWATER MANAGEMENT DENEFITS 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 vAthin existing wetlands may be used as part of the mifigation credits, provided that at a minimum, wetland creation and/or restoration is at a 1 :1 ratio, the mifigation creation/restoration is provided on-site, and the impacted wetiand(s) does not meet the definition of HQAR. Mitigation credit for enhancement measures VAR be at a 025: 1 ratio (025 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 1109 of mifigation cost following the provisions of Article 10 of this Ordnance 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 1 .(i<(3cre ,%, Deleted: Adminhlrator and and not affect a HQAR, the fee-in-fieu of mitigation option may be required by the ,City, Deleted: council Conditions under which the fee-in-fieu option may be required include, but are not Deleted: I limited to: <Whare are no other or- lle wetlands that could be _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ : _ _ _ _ _ __ ; _ _ _ _ _ _ _ _ _ _ _ elyanded.11 1 ) -Pere are no other on site or Immediately adiacenf wei'ands hat could be expanded. r <#>The total size of the impacted r wetland h 1 .0 acre or ten and due 2) fie total size of the imoacted wetland is 2.0 acres or less and due to s to development conditions, the development conditions, m the Tana to viabifN of the wetland is auesflona long-term viability of the wetland is ble. que4tionable.9 Deleted: In odd'fion, the fee-lrn In addition the `ee-in-lieu op !on may be used by the developer for weiland impacts: this neu option may be used by the well be at the discretion of the Administrator and City Council. Zlzz aid in feU that . . developer forwetland impacts up not required by the Administrator and City Council, shall be comparable to the cost of ' • to 1.0 acre In sae mifigation off-site, but within the some watershed as the wetland lmpactjnc1.ucrinland, Deleted: Far fees codL The mitigation rate shall be 1 'h (1Z) times the on-site required m figation acreage d Deleted: . for calculation of the estimate of probable mifigation cost. Fees paid in IIeU ttlat are_ _ _ Deleted. Fufees required by the Administrator and City Council, shall be comparable to the cost of on site mitigation including land costs. Deleted: Mitigation shall use Deleted: following hierarchy. 1 13. Wetland impacts occurring prior to issuance of a Wetland Permit shall presume the q wetland disturbed was a HQAR and shall require mitigation at a minimum rate of 10:1 . on y' Deleted: that meets the Section 4.2.2 Mitigation Hierarchy i4 :' requirements of Article 4 of it8s e _ Ordinenee.9 All m t gation shall occur within the lmih of the City's jurisdiction. the o s to miti afian r : off-sde wetland mnigation purposes of this Ordina . nce wetland mitigation email occur within_ the same nn mil _ =and and shun require i 4 watershed fAux Sable or Fox Riverl as the wetland impact unless there is an available_ . stheon-d1e, required wetland mifigationhank within the sub watershed corespondna to the impact l5lackber v _ _ _ _ acreage and meet the Rob Roy). Mifiaatlon shall use the followina hierarchy. ents of Article 4 of this ce. 1 . .Orrstle wetland mifigation is preferred but only if the app6canf can document that the_ _ _ _ : off-stie wetland mitigation can groand the extent or improve the aualify of other exrfrna undsiurbed n and outside the on site or imm dately adacenf wetlands or on-site migoiatron will create or restore a ed of the wetland fmpoct Article 4 20 UNITED CITY OF YORrALLE WETLAND PROTECTION ORDINANCE INZLkND INBACTS AND tAI➢GATION REQUIREMENTS FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS - w eland equal to or greater thor 7 .5 acres in size On-site nitioufion sholi rneet the requirements of Article 4 of this 0-.o5ngnce. 2. Off-site wetland mitiootlrn Within the some orrnow watershed as '1 we'iand imnoct or vv%tnin an orproved w r and m `ioa*ior, bonk located within the primary watershad 'ithen on-site mi`"aa'ion is not feasible. Required mitlaation ocreaae shall be the on-sitz required mitigation acreage. Off-site created or restored wetland miraofion shall meet the require nests of Article 4 of this Ordinance 3. Mitigation as a fee-in-lieu oovmert ortion that Is not required by fhe "i'v The n-Ittloot`on role shall be 1 % (1 .51 times the on-site required mitigation acreage for calculation of th= estimate of Drobable miiiaation cost. 4. Off-site wetland miiiaation within the some primary waferlwd as the wetland imooci and meets the requirements of Article 4 of this Ordinance or within on approved wetland n-ifiadion bank located within the orimary watershed. Reouired miiiaation acr a0a shall be 1 1/2 11 .51 times the on-site recurred mitiaaiion acreage. 5. Off-site wetland mitiaaiion and outside the primary watershed of the vvetland impact or within an approved wetland mitioation bank 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 mifigation is required a wetland mitigation plan shall be submitted. Refer to Appendix C for the wetland mifigation plan checklist. At a minimum, the wetland mifigation plan shall contain the following. 1J 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 UNIrED CRP OFYORMLLEWERAND PROTECTION ORDINANCE WEMAND IMPACTS AND MMCATIDN REQUIREMENTS FOR W ATER QUALITY L STORMWAMR MANAGEMENT SENEFRS 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, inifial 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 limted to, control of undesirable plant species, herbivore control, trash removal, prescribed bum management, enhancement planting, bi-annual monitoring events, and any other necessary activities. 7) All wetland mifigatton 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 firr ted to prescribed bum 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. B) 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 mifigation 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 inducing seeding/plantng is completed by and 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 nerd calendar year. 2 Provide a description of a monitoring protocol that meets the following provisions. 1 ) General Sampling Methods. Article 4 22 UNITED CRY OF YORKVILLE WETLAND PROTECT]ON ORDINANCE - WMAND W&ACTS AND IAMGATION RE(WIREMEWIS FOR WATER QUALITY B 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 recordng 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, wlldfife, 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 UNITEDCTrYOFYORKVILLEWETLANDPROTECRONORDINANCE WETLANDIMPACn ANDMMGATIONREOUIREMENTS - _ - -. . . ..., . .. FOR WATER QUALnY S STORFAWATER MANAGEMENT SENEFIR 4) Preliminary Wetland Delineation. A preliminary wetland delineation of the mitigation wetland(s) boundary shall be conducted during the third (31 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 Wefland Delineation. A final wetland delineation of the mitigation wetland(s) boundary shall be conducted during the fifth (5+h) 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 mifigatiom 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 Ordnance. Any additional soil and erosion control measures shall be in accordance to the City's Soil Erosion and Sediment Control Ordnance. 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 15 and 15, respectively, for each installed plant community. b. By the end of the fifth full growing season, 40% of the seeded species and 80% 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 fun 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 W iLAND PROTECTION ORDINANCE WETLAND IMPACTS AND MITI GAVON REQUIREMENTS FOR WATER QUALITY ¢ STORMWATER MMAGEMENT BENEFITS - in the permiifee'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 Loosesti fe, 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 groww ng 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 Bable. 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 enhancementwetlond(s). 4) Additional Proposed Criteria - Depending upon the mifigation plan submitted there may be additional ci teria 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 CRY OF YojMLLE.WEILAND PROTECTION ORDINANCE WLTIAND IMPACTS AND MUIGADON REQUIREMENTS FDR WATER QUAOrT 8 STORMWATER MANAGEMENT BENEFITS 1 ) Final Grading - upon completion of final grading but before planting, submit certified as-built plans wth 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 D2't of the approved plan, the permiftee 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 Mtigafion 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 shag 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 shag also include a description of the transect One locations as well as a graphic of the Wetland Mitigation Plan that denotes the location of all established tronsect 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 Prefiminary Wetland Delineation, performed during the third monitoring year, determines that the delineated wetland acreage deviates negatively, 10% or greater than the required rrilifigarlon 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 Pion shag be submitted to the Administrator within saty (60) days of submitting the preliminary wetiond delineation findings. If the developer falls to comply with the provisions of this section, the City may draw upon the required performance Article 4 26 UNITED CITY OF YOP.KMRLE WETLAND PROTECTION ORDINANCE - - 'WETIAND IMPACTS AND MITIGATION P.EQUIEEMENS FOR WATER QUAUTY & STOP.MWATER MANAGEMENT BENEFITS - security following . the provisions of Article 10 of this Ordnance 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 fee-Meu 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 wetiand 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 v✓Ith 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 is). 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 4eu, 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 rtiCie S � � Deleted: Y Long-Term Maintenance Provisions . ' 9 9 1 Y 9 Y Y Y 1 9 9 1 1 1 1 9 1 9 9 y 1 t 9 1 9 Y 9 1 9 9 1 UNITED CITY OF YOP.KVIns WEfIAND PROTECT ON ORDINANCE LONG-TERM,, MAINTENANCE PROVISIONS FOR WATER QUALITY c STORMINATER IVIANAGEMENT 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: i ) Dedicated or other Ise 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 poriion 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 obfigaton to maintain those portions of the preserved and mitigation wetlands and their associated buffer areas conveyed or otherwise transferred to it under this Ordnance. 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 Ordnance, and the payment of all taxes levied thereon. A Special Service Area shall be established for the development Article 5 28 UNITED CITVOF YORKVILLE WEIAND PROMCUDN ORDINANCE - LONG-TERMMAUd1ENANCEPROVISIONS .. 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 appGcafion 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 Ordnance. 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 Ordnance. f. A provision requiring the consent of the City to the dssolufion 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 them. 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-tern 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 Ben 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 permft and the developers acceptance of the permit shall be deemed to be the developer's Article 5 29 i I UNITED CITY OF YOP.KVILLE W EnAND FRO=f ON ORDINANCE LONG•TEP.M TAA NTENANCE PP.OVISIDNS FOR WATER QUALITY &STORIAWATER MANAGEMENT BENEFITS acceptance and assumption of the obligations imposed under this section. The developer shall record such obligations on the deed. rflCle b Deleted: T Pees, Enforcement and Penalties 9 t 9 1 t 9 1 1 t 9 9 t t 1 1 1 1 t 9 1 t t 9 / 1 9 t t t t 9 9 9 UNITED CITY OF YORIMLLE WMAND PROTECTION ORDINANCE FEES, ENFORCEMENT AND PENALTIES FOR WATER QUALITY z $TORMWATER MANAGEMENT BENEFITS Section 6.1 Fees and Maoltcat;on Peview 'Imes 1 . Applications for a wetland permit under this Ordinance shall be accompanied by a non- refundable administrative application fee in an amount Af 41,00, In_ addition thg - Deleted: from time to developer shall provide a mini rim review deposit in he amount fc 15 DDD that will! be fime by resolution u�tion drawn on for the curl fee invoice; of outside consultants who ma be retained b the~ Deleted: the United City of -- jj - y - - y - United City of Yorkville in connection with the review of the application. In the event the ': Yorkville city council. review deoost is drawn down to less than g 1 .0D0. the developer shall be required to `, Deleted: pay an additional provide an additional deposit to re=stablish the deposit balance `o S5 DD0. In the event `, escrow fee the cost of the services of the consultant(s) is less than the ,review deposit the developer_ `, Deletes: an shall be refunded the balance A denial of on application for a wetland permit shall not affect the developer's obligation to pay the eF v ew fee provided form this Section. 7I Deleted: determined by resolution R� I f th United City of Yorkville City Additional fees for Weiland mitgation construction admmisi,ation rd wil Eie % 'P Coune cil covered under the 1 .75% Adminlstra'ion Fee based on the approved enaineer's estimate ( Deleted: estimated cost Of costs. 3. Permit goplications shall be approved or denied within 30 business days of a comae'e `, Deleted: escrow fee permit submiflol: if written ODDTOVai or denial of the permit has not been received \yl tiin Deleted: In the event the cost of 30 business dovs, the permit application shall be assumed to be approved. The the services of the consultantls) ' exceeds the amount of the application review Period begins once all submittal items are o•ovided to the �, escrow fee, the developer shall Administrator. pay the deficiency to the United City of Yorkville prior io issuance of Section 6.2 Enforcement the wetland perm". Deleted: escrow 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 wetlond 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 Ordnance. 2. The Administrator or his/her agent, officer, or employee shall have authority under this Ordnance 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 condfions 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 Ordnance or withhold issuance of a Certificate of Occupancy, permits or inspection until the provisions of this Ordnance, 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 remedation, and (3) requires compliance with this Ordnance 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 PROTE"ON ORDINANCE ... FEES, ENFORCEMENT AND PENALTIES "0 - FOR WATER QIIALILY B STORMWATER MANAGEMENT BENEFITS ... _ .. .. . 2 In the event a violation involving illegal alteration of an isolated Waters of Yorkville as protected under this Ordnance, 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 Gable 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 Otdinance shall be subject to a fine in an amount not exceeding Seven Hundred and Fifty Dollars ($750M) for each offense. Each calendar day a violation continues to eAsi shall constitute a separate offense. Article 6 32 7 - Deleted: 9 9 General Provisions I n ' 4 9 9 9 9 9 8 9 9 9 V 9 9 9 9 9 9 V 9 9 9 9 9 = UNIMD.CI OF YORKMLLE WETLAND PP.bTECDON ORDINANCE - - GENERAL PROVISIONS FOR WATER QDAUTY & 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 1 DD feet of the project site shall obtain a wetland permit from the Administrator. This includes any new development on partially developed sites. Section 72 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 Ordnance shall be severable in accordance with the following ruler. 1) If any court of competent jurisdiction shall adjudge any provision of this ordnance to be invalid, such judgment shall not affect any other provision of this Ordnance. 2) If any court of competent jurisdiction shag adjudge to be invalid the application of any provision of this Ordnance 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 Ordnance is not intended to repeal, abrogate, or impair any epsting easements, covenants, or deed restrictions. Where this Ordnance 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 shag apply. Section 7.5 Effective Date Thhs Ordnance shag be in full force and effective from and after its passage, approval, and publication according to law. The effective date of this Ordinance is 2D_. Article 7 33 ) qq @' iCee Deleted: T Variances and Appeals I T T , T T 9 T T 9 9 9 T T 9 9 T T T T T T 9 T 9 9 9 T 9 T -- "' UNITED CITY OF YORKVILLE WEr AND PROTECTION ORDINANCE -- VARIANCE AND APPEALS FOR WATER QDALm 8 STDWWATER MANAGEMENT BENEFITS Section 8.1 Variances I . The developer may apply to the City Council for a variance. The City Council shall have the authority tD grant variances from the requirements of this Ordnance, but only in compliance with the procedures set forth in Section B.I . . 2. The petition for a variance shall accompany or follow an application for a Weiland Per ilt and shall include all necessary submittal items. 3. Every variance petition filed pursuant to this Section 8.1 shall provide the follov ing information: i ) The specific feature or features of the proposed construction or development that require a variance. 2) The specific provisions) of this Ordnance 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 Ordnance_ 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 Ordnance. 4. The City Council may grant such petition for a variance only when it is consistent with the general purpose and intent of this Ordnance 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 ✓i STORMWATER MANAGEMENT BENEFITS 7) The proposed development could not be constructed if if 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 11 j 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 f'`_//yy I _ 9 Deleted: 9 Administratitrafl on s t t t t t t t 1 4 t 9 9 1 9 9 9 9 9 1 t t 9 9 9 t t 9 1 , t UNITED CITY OF YORKVILLE WETLAND PROTECTION ORDINANCE ADMINISTRATION FDR WATER QUALITY & S T OP.MINATER MANAGEMENT BENEFITS Section 9.1 P.esponsibilify 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 Gable. 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: lj First class mail, postage prepoid, 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 uelered: 9 ,- - - - 9 Performance Security 9 T 9 9 9 9 1 9 9 9 9 9 9 9 9 9 9 ' 9 1 1 T 1 9 1 9 9 9 1 9 1 UNITED CITY OF YOP.KvU E 'At ERAND PROTECTION ORDINANCE . . PERFOWAANCE SECURITY FOR WATER QUALITY c STORMWATER f1 ANAGEMENT BENEFITS. Section 10.1 General Security P.equirements 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: _ _ _ _ _ - - - - - - - - - - - Deleted: be posted and shoo 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 cateoo0zed by earthwork, includina erosion and sediment control measures•. landscape installation: and mainienance and monitoring 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 on amount equal to 110% of the '.. approved estimated probable cost to complete any required wetland mttigation. 4) A statement signed by the developer granting the Administrator the fight to draw on the security and the right to enter the development site to complete required work, in the event that work is not completed according to the work Deleted: No security shot be schedule or the mitigation area is not meeting the required performance released by the Administrator or City prim to completion of the standards and the developer has failed to implement management activities or third full yew following remedial measures to address noncompliance issues. construction of the wetland i creation/restoration to ensure e + e there is appropriate hydrology for 2 R auired 5 year wetland mitiga ion development secuity may b released based on the, the mtigation weals). Following following mifioaf ion 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 aradina as-built plans in the amount of the security based upon the progress of the 2) Remaining 5D% estimated Drobable costs for earthwork activities and 50% mitigation. estimated probable costs for landscape installation may be released follovAna tDaleted: 75 review and approval of the oreliminary wetland delineation (conducted in the third Year of monitoring) and compliance with the prescribed Derformance ed: sect ty be released poor 5'^ ew after const=i1on. standcrdsfor3y-vearmonitornareauiremens. y 3) Subseauent release of securih -hall be based on progress of mitigation and at Deleted: 25% of the sect tysha0 the discretion of the Administrator. At no time, however, shall more than,0% of_ ' ' be retained for o period of t me the remaining_ cecur1N be released prior to review and approval of the final ;� ' not to exceed rive years (except wetland delineation (conducted in the fifth year of monitorino)_and compliance_ for non-performing wetlands) after with the prescribed performance standards for the Swear monitor'na completion of construction and reouirements. planting ` Deleted: the wetland mitigation oreals). Article 10 37 .:. .UNITED CITY OF YORKME W E9AND PROTECTION ORDINANCE _ PERFORMANCE SECURITY f ' FOR WATER QUALITY S STORMWATER MANAGEMENT BENEFITS _ - - 3. R ouir d 3-vear naturalized vaetland detention 'aa jn development securN may be released based on the tolio%t4na milestones: 1 ) SD% estimated l2robable costs for earthwork acfivities may be released followlna review and oogroval of certified final aradina as-built glans 2) Remaining 5D/ orobabie costs for earthwork activities and 50%> estim ted QrobatLfe costs for landscape installation may be released follow,ncl review and approval of the naturalized we'land basin establahment after fivo years of d v logment and compliance with the orescribed performance standards for the 2rr -year monitoring requirements. 3) Subseouent release of securily shall bg based on progress of I) turaP.zed wetland basin and at the discretion of the Administrator. At no time however shall more than 5D% of the remainina security be released prior to review and aooroval of the nalurafized wetland basin after three years of development and compliance with tha prescribed performance standards for the 3T�veor morvlorina reguTrements. 4. General y, at the end of the ppglicabie monitoring period or upon an earlier request for_ _ Deletes: s year the release of the performance security, the Administrator or his/her agent shall evaluate the wetland mitigation and/or noturarrod wetland basin jor compliance with the performance standards, conditions, and standards of this Ordnance. If the Administrator or his/her agent determines that the wetland mitigation meets the performance standards, conditions, and wetland protection standards of this Ordnance, he/she shall recommend release of the performance security. Section 10.3 PerformanceSecurifv - - - - - h Deleted: LeffertC4CMdtl i. Perfo mance secu ty posted pursuant to thus Article shall be in a form satisfactory_to The_ _ - - Deleted: fetters of c edd Administrator. 2. If the developer fails or refuses to fully meet any Of its obligations under this Ordinance then the C y_iyay, &L their dscretfon,_ draw on and retain all or any of the funds . - Deleted: Administrator remaining in the performance secu t�, fief thereafter shall hwe the right fo lake ` : Deleted: in h%ther any action �eerrd reasonable and appropriate to mrfigate the effects of such failure + Deleted: letter of credd or refusal, and to reimburse the City from the proceeds of therernnnancP security for all 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 under this Ordnance. If the funds remaining in the.performance security are fruuffid ant� Deleted: s to fully repay the City for all such costs and expenses, or after said payment to the Gify, ' ' \ Deleted: letter of credit the remaining cash reserve of the performance security hs less than the amount that Deleted: letter Of edit would otherwise be required to be maintained under this Article, the developers all on demand j2XLtjkQ1fv immecGafey deport with the Ci such addfional funds as the �yii Deleteaaetteroiared8 determines are necessary to fvllyrepay such costs and expenses and to establish the Deleted: of appropriate cash reserve as required under this AM a. `;: +. Deleted: Admirdshafor, + Deleted: AdminMtator + Deleted: Adminishator Article I - 3B P§iCie 11 Deleted: ¶ _ ml Wetland Mitig�elan 9 €ee- In- Lieu 9 9 9 9 9 4 9 9 9 9 9 9 6 9 9 9 9 9 9 9 9 9 9 9 - 9 9 U - UNIFIED CRY OF YORKVILLE WERAND PROTECTION ORDINANCE FEE•IH-LIEU OF WMIAND MUIGA7I014 FOR WATER QUALITY & STORMWATER MANAGEMENT BENEFITS Section 11 .1 Fee-in-lieu of Wetland Mitigation 1 . If fee n-Feu of mitigation is required by theIqUyr the applicant shall prepare a statement_: - Deleted: Adminbkator and of the estimated probable cost to construct wetlands that includes costs associated with Deleted: counc6 land acquisition, wetland construction, planting, and the 5-year monitoring and maintenance activities. The estimate of probable costs is subject to the approval of the I _ - f Deleted: Ad7rAr ator - 2. If fee-in-fieu of mitigation is not required by the amity the appfi_cant's estimated probable_ ; _ - MDeleWd: ,Adm nis razor and cost shall be determined based on a mi`iao`ion ratio 1 .5 times the pn site required` ' counce mitigation gcreaae me probable cost esfimaie shall include costs associated with land by acquisition, wetland construction, planting, and the 5-year monitoring and maintenance'':, costs asociated with oft activities. The estimate of probable costs is subject to the approval of the Qt _ _ _ . . . . . . , bLd withSection 11 .2 Procedures and Use of Funds d weflan ratios, and 1 . An applicants' statement of its intention to satisfy the wetiand mitigation requirement by : Administrator the payment of a fee-in-(eu of wetland mitigation shall be in writing and filed with the bn w th the estimates_ d_ e_scribed in Section 11 .1 _ _ _ _ _ _ _ _ _ _ _ _ _ - -- - - - - - - - - - - - c ; Deleted: Adminhi aloe and I &_tyaL g- - - - - - - - - ' Deleted: CouncY 2 Fees paid in Geu of wetland mitigation shall be deposited by the City in a separate fund created for such purpose. 3. Fees paid in l eu of wetland mifigation 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 APPENDIXA WETLAND PERMIT APPLICATION AND PERMIT SUBMITTAL FLOWCHART UNITED CITY OF YORKVILLE WETLAND PERMIT APPLICATION nor ap ose only) Date Application Received: Date Permit Issued: Indwctjons: Appgcont shag submit completed application, permit sumbfltal checklist, pernfl submittal flowchart, mitigation plan checklist and ag other applicable submittal items as required within the Weiland ordnance to the Administrator. fie wetland permit review process shag 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:. 1 fax ( ) fax Describe the general intent of the proposed activity, its purpose and the proposed Category )I-Vn 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 descriptive location 114 Sec. Twp. Range Tax Assessors Description (d known): City County state Zip Code Nome of waterbody within or adjacent to site fi applicable) Map No. Sub rw. No. Lot No. Is any portion of activity for which a wetland permit is sought now complete? No _Yes, if yes expleirt I hereby certify that all information presented in this application is true and accurate to the best of my knowledge. I have read and understand the United City of Yorkville Wetland Protection Ordnance, and fully intend to comply with its provisions. Signahue of Developer - Date - Signature of owner Dote . Wetland Permit Application' :. . UNITED CITY OF YORKVILLE TYPICAL WETLAND PERMIT SUBMITTAL FLOWCHART The following flowchart identities 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 Acreogec Proposed Wetland Impact Acreage: (Residential, Commercial, PUD, eta) START Are wetlands or Waters of the Submit Wetland U.S. present on or within IDD feet Deterrninotion Letter of of proposed development site? NO Findings (Refer to Section 3.22 Y Will proposed development. Submit Wetland Permit Application and impact Isolated Waters of Yorkville Wetland Permit Submittal Checklist, or Waters of the U.S.? NO completing items 1-4 on the checklist, and establish required buffers. (Refer to Sections 3.23- 325) W Will proposed development impact Submit Weiland Permit Application Waters of the U.S.? and WeflandPermit Submittal YES Checklist, completing items 1-5 on the checklist. (Refer to Sections 3.23- 32.5) O z Will proposed development impact Ls the Isolated Waters of greater than or equal to D.25 acre of NO Yorkville v High Quality NO Isolated Waters of Yorkville? Aquatic Resource? N � W What Category of Impact will be used? (Refer io Section 3.24) Attend mandatory Category Y Pre-Submittal Meeting with Adminisirator. Category I Category 1 and 11 Submit Wetland Permit Application, Will wetland NO Wetland Permit Submittal Checklist, be used for completing items 1-4 and item 6 on the stormwater checklist, and Wetland Mitigation Plan management Checklist. (Refer to Sections 3.23 - 3.25, Category II facility? YES Does wetland Article 4, and all other applicable Articles meet criteria NO of the Ordinance) fo be used for siormwafer path manogement see todiiiy? Sheet z pam is sae Sheet 2 path B from Sheet 1 N Category 1 and 11 that meet certain criteria Submit Wetland Permit Application and Wetland Permit Submitiai Checklist, completing items 1-4 on the checklist and comply with Section 3.1.3. path A from Sheet Submit Wetland Permit Application and narrative of Cafego III measures taken to mitigate for Category III water quol ly functions. (Refer to Sections 3.23- 325) Category IV Submit Weiland Permit Application, Category N Weiland Permit Submittal Checkfaf completing hems 14 and item 6 on the checklist, and narrative of activity that demonstrates a net gain of , aquatic resource(s). (Refer to Sections 323- 325 and 4.2J Category V Attend mandatory Pre-Submittal Meeting with Administrator. Category V Submit Wetland Pemmh APPhcotion, Wetland Permit Submf ial Checkrat, w completing hems 14 and item 6 on the checklist, and Wetland Wfigation Plan Checklist. (Refer to Sections 323 - 32-51 Article 4, and all other applicable Arficles of the Ordinance) Will farmed YES Submh Wetland Permit Application and Weiland Permit Submittal Checklist completing items 1-4 on the checklist and comply with wetland be used Sermon 3.1 .3. NEI Category A for stormwater management foalty$ NO Submit Wetland Permit Application, Wetland Permit Submittal Checklist, completing hems STOP 14 and Item 6 on the checklist and Wetland Mitigation Pion Checklist. (Refer to Secfioru 32.3.3.25. Article 4, and all other applicable Articles of the Ordinance) SHEET YOPMLLE WOUND PI3tIAR SUBMITIAL ROWCHART APPENDIX B WETLAND PERMIT SUBMITTAL CHECKLIST United City of Yorkville __- WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, _ REQUIRED PROVIDED EXPLANATION (� M 1 . Wetland Delineation Report that provides ail 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, indudmg planting plan for buffer oreo(s). b. Section 3.12 Wetland Hydrology Protection c. Section 3.1 .3 Stomrwater Management within Isolated Waters of YorMle (mdudng 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 mifigation (if applicable), and includes the following: a. Maintenance activities and tentative schedule. b. Maintenance actMltes and tentative schedule subsequent to required '.. monitoring period. C. Description of funding source. '.. d. Designation of the respor*ible party 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 pemrit 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 al USACE IEPA. and IDNR Office of Water Resources authorizations to the Administrator. d. Statement that at wetlands Within the Ctys )urisdicifon will be mitigated for Within the same primary watershed as the impact(s) at the mitigation ratio specified by the USACE. e. Soli Erosion and Sediment Control Plan that demonstrates compliance with the Cltys Sol Erosion and Sediment Control Ordnance. 6, For proposed impacts to Isolated Waters of Yorkville the following shall be provided: a. Completed United City of Yorkville Wetland Permit Applicaiton. b. Statement of Permit Category (Category 1-Vi) to be used for development invoct(s). c Documentation for compliance with lllnob Department of Natural �. t Resources Endangered Spedes Consultation Program and the ]Mnois Natural Areas Preservation Act. Wetland Permit Submittal 1 WETLAND PERMIT SUBMITTAL CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION b. d. Documentation for compfance 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. I. Mitigation Plan (if oppfcable) refer to Appendix C for Mitigation Plan checklist. g, For Category It or Category V impacts provide the following: 11 Narrative of measures taken, in sequence, to avoid and minini¢e wetland impacts before mitigation Is considered. 2) Detailed discussion of alternative analysis to avoid, minimbe, and mitigate for wetland impacts. '.. h, For Category III impacts provide the following: 1 ) Narrative of measures taken to mitigate forwater quality functions. I. Far Category IV impacts provide the following: 1) Narrative of proposed plan that demonstrates net gains in aquatic resource functions. ' ), For CategoryVI Impacts provide the following: 1) Narrative of mitigation measures that demonstrates an '.. environmental benefit, e.g. Improved habitat, water quality, . etc. APPENDIX C WETLAND MITIGATION PLAN CHECKUST United City of Yorkville WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION N) 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 sources) 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 I00-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. a. 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. T000araohv - 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 W4 erosion and sediment control measures. c. Planting schedule. WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION 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, bum management, enhancement planting. 6. Provide a Weiland Mitlgafion 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 I -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. f. 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 swompbuster map (if applicable). i e. Hydrologic Atlas. f. Aerial photograph(s). 2 wetland milgaron Plan - WETLAND MITIGATION PLAN CHECKLIST REQUIREMENT ITEM ITEM IF NOT PROVIDED, REQUIRED PROVIDED EXPLANATION (�} 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. `QED C/T` Reviewed By: Agenda Item Number J� u T Legal ❑ P VC t" a EST 1836 Finance ❑ 1 Engineer ❑ Tracking Number 0 City Administrator ❑ �O Consultant ❑ P,VV ,UU 1 <k E Agenda Item Summary Memo Title: Rt.34/Sycamore Intersection Improvements—Agreements Meeting and Date: COW/CC—November 13, 2007 Synopsis: These agreements with IDOT and the Rob Roy Falls developer establish funding commitments and timeframes for improvements. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ♦�� CITE ,: o� Memorandum EST. 1836 To: Brendan McLaughlin, City A ' 'stra r O � From: Joe Wywrot, City Engineer _fig �ar CC: Lisa Pickering, Deputy City Cldrk 0 <4E Date: October 29, 2007 Subject: Rt.34/Sycamore Intersection Improvements — Agreements Attached find two proposed agreements regarding improvements at the Rt.34/Sycamore intersection. The IDOT letter of understanding deals with signalization, and establishes the normal maintenance responsibilities for the temporary traffic signal. This agreement also requires the city to have a permanent traffic signal in place no later than May 1 , 2010. The city/developer agreement establishes funding levels by the city and developer for the temporary signal and the permanent intersection improvements. This agreement also requires the developer to replace the temporary signal with a permanent signal within the timeframe required by IDOT. Please note that this agreement was prepared by city staff, and the developer has not signed it. I recommend that both of these agreements be approved. Please place this item on the Public Works Committee agenda of November 6, 2007 for consideration. Illinois Department of Transportabon Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 October 23, 2007 The Honorable Valerie Burd Mayor of Yorkville 800 Game Farm Road Yorkville, IL 60560 LETTER OF UNDERSTANDING MFT Section 07-00035-00-TL Temporary Traffic Signals US Route 34 with Sycamore Road Dear Mayor Burd: The following letter of understand is for the City of Yorkville's installation of the proposed temporary traffic signals to serve US Route 34 with Sycamore Road in Yorkville. It is mutually agreed that the City of Yorkville will assume responsibility for 100% of road construction and related temporary traffic signal installation. All work will be done in accordance with the specifications of the approved MFT plans. The City of Yorkville agrees to have permanent traffic signals installed by May, 1 , 2010. The City of Yorkville will continue its maintenance of watermain, sanitary storm sewer, sidewalk, highway lighting and appurtances located behind the curb. The City of Yorkville will assume responsibility of providing electrical energy and maintenance of emergency preemption, video detection and temporary signals as indicated below. Level of Electrical Intersection Maintenance Maintenance Energy US 34 with. I Emergency Preemption Sycamore Rd. State Share 0% 0% City Share 100% 100% US 34 with I Temporary Traffic Signals Sycamore Rd. State Share 67% 67% City Share 33% 33% US 34 with I Video Detection Sycamore Rd State Share 67% 67% City Share 33% 33% Mayor Burd October 23, 2007 Page 2 It is mutually agreed that the actual signal maintenance will be performed by the City of Yorkville, either with its own forces or through on ongoing contractual agreement. Upon acceptance by [DOT of the new temporary traffic signal installation(s) included herein, the responsibility for maintenance and energy outlined above shall become part of the Master Agreement executed by IDOT and the City of Yorkville on July 6, 2001 . IDOT retains the right to control the sequence of timing of the traffic control signals installed at the said intersection. All current city ordinance, regulating parking, encroachments sanitary/storm water drainage along Route 34 shall remain in effect. Upon completion of the intersection, IDOT will assume responsibility of maintaining all through and turning lanes of US Route 34. The Department will assume maintenance of all curb and gutter adjoining the traffic lanes of US Route 34. . You will note three copies of this Letter of Understanding are enclosed for your review. If you are in agreement with these proposals, please affix your original signature in the space provided on all three copies, retain one for your files and return two copies to the IDOT District 3 office in Ottawa. If you have any comments or questions concerning this project, please feel free to contact Dan Devine at 815-434-8505. Your cooperation is appreciated. Sincerely, George F. Ryan, P. E. Deputy D'rector of Highways, Re ' Engineer By: Bruce A. Hucker, P. E. District Operations Engineer DD:ac s:\opr\letter of understanding Approved: Mayor Burd, City of Yorkville Date AGREEMENT FOR SYCAMORE ROAD INTERSECTION IMPROVEMENTS THIS AGREEMENT made this day of , 2007, by and between the United City of Yorkville, an Illinois municipal corporation ("City"), and LaSalle National Trust, as Trustee under trust No. 47016 dated December 1, 1973 ("Owner/Developer"), as and for consideration of ten dollars, the receipt of which is hereby acknowledged and other good and valuable consideration. t I Formatted: Left, Tabs: 0.43", Left RECITALS I+ 3.25', Centered 1. Route 34 is an =t—west highway under the jurisdiction of the State of Illinois. 2. Sycamore Road is a north-south road presently terminating at Rt. 34 on its north, and is under the jurisdiction of the City. 3. Owner/Developer is the owner parcel of land consisting of approximately 221 acres ("Property") located on the north side of Route 34 and generally north of and across from Sycamore Road, generally depicted on Exhibit "A" hereto. 4. Due to the existing need and demand for traffic signalization at the intersection of Route 34 and Sycamore Road (the "Intersection") the City has engaged Smith Engineering to provide engineering services for the study, design and permitting for a temporary span-wire traffic signal to serve the existing three legs of the Intersection (the "Three Legged Intersection Improvements'), at a fee of$24,235.15. 5. Owner/Developer has presented to the City a request for annexation and a concept plan for development of the Property as a mixed use shopping center and residential development to be known as Rob Roy Falls ("Development"). 6. Owner/Developer has applied for and is in the process of seeking a Concept Plan Unit Development Approval for the Development (Exhibit "B"). 7. The City has not yet approved the Concept Plan for the Development. 8. The Development, if approved as planned, will convert the three-way intersection into a four-way intersection. 9. To accommodate its Development, if and when approved by the City, the Owner/Developer intends to pursue the design, permitting and construction of a permanent four- way traffic signal, and roadway improvements including traffic signal interconnections, turn bays, and pavement widening ("Signalization"). 10. The City intends to construct the Tbree-Legged Intersection Improvements without delay because of the present need and demand for the Three Legged Intersection Improvements, and without waiting for the potential completion of Owner/Developees annexation, zoning and Concept Plan approval process for the Development, and the design, permitting and construction of the Signalization. 11. The City and Owner/Developer agree that both Owner/Developer and the public will benefit from both the temporary Three Legged Intersection Improvements and the permanent Signalization of the Intersection. 12. The City and the OwnerMeveloper wish to economize on then respective costs of signalizing the Intersection, avoid waste and duplication of services and work, and complete the temporary and permanent improvements to the Intersection as expeditiously as possible. 13. The parties intend by this Agreement to share the costs of the Three Legged Intersection Improvements, and to share the costs of the Signalization if the City approves the Development in a way that is generally consistent with the concept Plan. 14. Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Illinois Intergovernmental Cooperation Act, 5 ILLS 220/1, et seq. encourages and provides for units of local government to cooperate, contract, and otherwise associate with individuals, associations and corporations for their mutual Benefit. 15. The City has found it to be in the best public interest to enter into this Agreement, and the Owner/Developer, and Owner/ Developer has found it to be in its bests interests to enter into this Agreement with the City. AGREEMENT In consideration of the premises and mutual promises contained herein, the parties agree that: 1. RECITALS INCORPORATED I .1 . The foregoing recitals are incorporated herein by reference as though fully set forth. 2. DESIGN AND CONSTRUCTION OF THE THREE LEGGED INTERSECTION IMPROVEMENTS 2.1 . The City will contract for the study, design, permitting and construction of the Tbree Legged Intersection Improvements. The City has engaged Smith Engineering to provide engineering services for the study, design and permitting for the Three Legged Intersection Improvements, at a fee of $24,235.15. A copy of the proposed Smith Engineering services contract has been provided to Owner/Developer. 22. Owner/Developer will front-fund the study, design, permitting and construction of the Three Legged Intersection Improvements up to an amount not to exceed $100,000.00. The City will fund the balance of the cost of the Three Legged Intersection Improvements. 2.3. Owner/Developer will deposit $100,000.00 into an interest bearing escrow account established by the City to cover the City's expenses associated with the Smith Engineering design and construction contract for the Three Legged Intersection 2 Improvements within 10 days after the execution of this Agreement Any remaining I Deleted: City establishes that the City funds in said account following the completion of the Three Legged Intersection havlegal title to the 3.4 acre parcel of property located on Bomber Road Improvements will be promptly returned to Owner/Developer by the City. All interest behveenthe Property and the Kendall shall be applied to the City's expenses associated with the Smith Engineering design and Marketplace shopping center construction contract for the Three Legged Intersection Improvements, and after that, any remaining funds will be paid to Owner/Developer. 3. DESIGN, PERMITTING AND CONSTRUCTION OF SIGNALIZATION 3.1 . The temporary Three Legged Intersection Improvements are not Formatted: Font: (Default) Times permnitted to remain in service beyond May 1 , 2010. Accordinaly, Owner/Developer New Roman, tz pt will complete the design and construction of the permanent Intersection Signalization Formatted: Font: (Default) rimes improvements within twelve (12) months of the commencement of operation of the New Roman, tz pt temporary Three Legged Intersection Improvements, but not later than May 1 , 0010. or within a timeframe as directed by IDOT in the approval of the temporary improvement; provided Owner/Developer's Concept Plan has been first approved by the City. 3.2. Owner/Developer will submit the Intersection Design Study to the IDOT within 90 days after execution of this agreement. Owner/Developer will begin with the Signalization Design Study upon execution of this Agreement. 3.3. The City will provide to Owner/Developer 50% funding, up to an amount not to exceed $175,000.00, as partial reimbursement for Owner/Developer's design and construction of the Signalization. Owner/Developer will be responsible for funding the remaining costs of the Signalization. In furtherance of this commitment, the City will identify this as a budget line item in the fiscal 2007-2008 City Budget. 3.4. If the Concept Plan is approved by the City, the City will reasonably consider the creation of a Business Tax District as a funding tool for allowable and qualified improvements to the site, where eligible under the Business Tax District statutes. In the alternative, if the Property does not qualify for a Business Tax District then the City agrees to reasonably consider sales tax incentives to the Property pursuant to the City's Economic Incentive Policy, Section 1, entitled Consideration for Incentives, Use of Funds That Maybe Considered, Incentive Parameters, Project Evaluation Criteria, and Sources for Funding. 3.5. Owner/Developer's Additional Responsibilities: Owner/Developer shall be the leading party for the design, permitting and construction of the conversion of the Three Legged Intersection Improvements to the permanent Signalization (the permanent four-way traffic signal, and roadway improvements including traffic signal interconnections, turn bays, and pavement widening). As such, Owner/Developer shall: 3.5.a Continue to process its applications for Development approval by the City without delay. 3.5.b Cause the preparation of design and construction drawings, plans and specifications for the Signalization consistent with the Concept Plan. - 3 - 3.5.c Submit the drawings, plans, specifications and construction schedule for the Signalization to the City fro approval before construction begins. 3.5.d Submit the drawings, plans and specifications for the Signalization and roadway improvements to IDOT for approval before construction begins. 3 .5 .e Cooperate with the City and [DOT to obtain the IDOT highway perntit needed to construct the permanent traffic signal and related improvements, including providing the bondins4 necessary to obtain the eip snit. 3.5.f Provided that all necessary governmental approvals and public and/or private easements have been obtained, prepare the bids and let the contracts for the Signalization, such that the work will be done consistent with the approved items specified in Section 3.5.b. and 3.5.c.. 3 .51g Certify the bids and contracts for the Signalization, with all supporting documentation reasonably requested, to the City and the City Engineer. 3 .5.h Award and administer the Signalization contracts. 3 .5.i Submit the Signalization costs to the City prior to payment. 3 .5.j Pay all funds received from the City toward the costs of design and construction of the Signalization. 3.5.k Provide the CITY with all Signalization invoices, and all supporting documentation reasonably requested, within ten (10) days of receipt of invoice from the contractor. 3.6. City Responsibilities: 3.6.a Continue to process the Owner/Developer's applications for Development approval, without unreasonable delay. 3.6.b Review, comment upon and approve by written certificate, or approve by written certificate with appropriate changes, promptly, but in no event more than 10 'business days after delivery by Owner/Developer, the Deleted: s Signalization drawings, plans and specifications, provided they are substantially consistent with the plans attached thereto as Exhibit "B". 3 .6.c Cooperate with the Owner/Developer and IDOT to allow Owner/Developer to obtain the [DOT highway permit needed to construct the permanent traffic signal and related improvements 3 .6.d Review, comment upon and approve by written certificate, or approve by written certificate with appropriate changes, within tern (1Q) business Deleted: fourteen . Deleted: a - 4 - days after receipt from Owner/Developer, the bids and contracts for the Signalization improvements. 3.6.e No later than one month following the Owner/Developer certifying a portion or all of the Development costs to the City Engineer, pay Owner/Developer 50% of the invoice amount provided each such amount is then due and owing under the consultant or construction contract, and further provided the total of all such payments by the City does not exceed $175,000.00. 4. LAND USE APPROVALS 4.1 . The Parties agree that any obligation by Owner/Developer to fund the permanent, four-way traffic signal and roadway improvements including traffic signal interconnections, turn bays, and pavement widening (Signalization improvements) under this Agreement is contingent upon Owner/Developer receiving all required land use approvals short of building erp mits. 5. TERM OF THIS AGREEMENT 5.1 . This agreement shall remain in full force and effect from the date of its execution by the parties until the last reimbursement payment owed from the either party to the other is made. Formatted: Underline, All dps 6. ELECTION OF REMEDIES: ENFORCEMENT Formatted: Heading 1 J 6. 1 . Either party may terminate this Agreement against the other if there has Formatted: Bullets and Numbering been a material breach which breach has not been cured within thirty 0) days after Formatted: Outline numbered rh' Y Level: 2 + Numbering Style: 1, 2, 31 written demand by the non-breaching party The non-breaching paltv's election to ... + Start at: I + Allgnment: Left + terminate shall not reclude an action to pursue all available legal and equitable rights Aligned at: Sn + Tab after: 0^ + P p q Indent at: MY and remedies The non-breachinzpatty shall be entitled to recover all of its reasonable costs and expenses incun'ed in pursuing them (including without limitation reasonable attorneys' fees). Any shall action shall be brought in the Circuit Cot it of the 16'1' Judicial Formatted: Superscript circuit Kendall County. Illinois The laws of the state of Illinois shall govern. Formatted: Bullets and Numbering 7. ENTIRE AGREEMENT 7. 1 . The Agreement represents the entire agreement between the parties with respect to the Development, and supersedes all previous communications or understandings whether oral or written. 8. AMENDMENT OR MODIFICATION 8. 1 . No amendment or modification to this Agreement shall be effective until approved by the parties in writing. IN WITNESS WBEREOF, the parties set their hands and seals as of the date first written above. - 5 - LaSalle National Trust, as Trustee under United City of Yorkville trust No. 47016 dated December 1, 1973 By: By: I C/55567 8 _ Formatted: Font: 9 Pt - 6 - `�rcD C lTy Reviewed By: Agenda Item Number r O Legal ❑ h V) M 1 T. yeas Z Finance ❑ ES Engineer ❑ O , 0 v� City Administrator ❑ Tracking Number q zy =O Police ❑ LE o ivy` Human Resources E] R D M 9 a'q Public Works ❑ City Council Agenda Item Summary Memo Title: Discussion on Returning to Old Committee Structure City Council/COW/Committee Agenda Date: COW—November 13, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson _ Administration Name Department Agenda Item Notes: C/P 0 o� Memorandum To: Committee of the Whole EST "x_.- ... , 1936 From: Bart Olson, Assistant City Administrator CC: Brendan McLaughlin, City Administrator 0� ' p' Date: November 9, 2007 Subject: Discussion on Returning to Old Committee Structure At the November 6th Administration Committee meeting, the committee discussed returning to the old committee structure in hopes of reducing the length of COW and City Council meetings. The committee asked that the agenda item be placed on the November 13�n COW agenda for purposes of gathering input from the rest of the City Council members. The meeting schedule of the old structure is as follows: I" Monday of month — Public Works Committee 1" Tuesday of month — Committee of the Whole ls` Thursday of month - Administration Committee 2nd Tuesday of month — City Council 2nd Thursday of month — Public Safety Committee 3`d Tuesday of month — Committee of the Whole 3`d Thursday of month — Economic Development Committee Affuesday of the month — City Council