Committee of the Whole Packet 2007 07-10-07 o United City of Yorkville
a " 800 Game Farm Road
EST. 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
o� �I a,„1�.� p Fax: 630-553-7575
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AGENDA
COMMITTEE OF THE WHOLE
Tuesday, July 10, 2007
7:00 p.m.
City Council Chambers
Presentations: None
Detail Board Report Bill List):
Mayor:
1. COW 2007-09 Agreement between the City and the Old Barn Museum
Economic Development Committee:
1. EDC 2007-23 Yorkville Crossing Unit 1 - Crimson Lane Right-of-Way Dedication
2. EDC 2007-10 Visitability Code
Park Board:
1. PKBD 2007-16 Whispering Meadows Park Construction Bid Results
2. PKBD 2007-17 Hiding Spot Park Equipment Purchase
Public Works Committee:
1. COW 2007-10 Route 34/Sycamore Road Traffic Signal
Public Safety Committee:
1. No Report.
Administration Committee:
1. No Report.
City Council Requests:
1. COW 2007-11 Governing Ordinance Amendment— Committee Rosters:
Chairman/Vice-Chairman Selection Process
Additional Business:
UNITED CITY OF YORKVILLE
WORKSHEET
COMMITTEE OF THE WHOLE
Tuesday, July 10, 2007
7:00 PM
CITY COUNCIL CHAMBERS
PRESENTATIONS :
1 . None
DETAIL BOARD REPORT BILL LIST):
MAYOR:
1 . COW 2007-09 Agreement between the City and the Old Barn Museum
ECONOMIC DEVELOPMENT COMMITTEE:
1 . EDC 2007-23 Yorkville Crossing Unit 1 - Crimson Lane Right-of-Way
Dedication
2. EDC 2007- 10 Visitability Code
PARK BOARD :
1 . PKBD 2007- 16 Whispering Meadows Park Construction Bid Results
2. PKBD 2007-17 Hiding Spot Park Equipment Purchase
PUBLIC WORKS COMMITTEE:
1 . COW 2007-10 Route 34/Sycamore Road Traffic Signal
PUBLIC SAFETY COMMITTEE:
1 . No Report
ADMINISTRATION COMMITTEE:
1 . No Report
CITY COUNCIL REQUESTS:
1 . Governing Ordinance — Committee Rosters: Chairman/Vice-Chairman
Selection Process
ADDITIONAL BUSINESS:
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`QED C/p� Reviewed By: Agenda Item Number
J? O
a T Legal ❑ Mayor#1
Finance ❑
EST. , I., 1836
Engineer E]-" Tracking Number
O L�,I a City Administrator F-1
9 woau �O Consultant ❑ COW 2007-09
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❑
Agenda Item Summary Memo
Title: Agreement between the City and the Old Barn Museum
Meeting and Date: Committee of the Whole 7/10/07
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Mayor Valerie Burd
Name
Agenda Item Notes:
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND
THE OLD BARN MUSEUM
THIS AGREEMENT dated June , 2007, between the United City of Yorkville,
Illinois, an Illinois municipal corporation (the "City"), and The Old Barn Museum, an Illinois
not-for-profit corporation (the "Museum").
WHEREAS, on , 2007, the Yorkville Public Library and the Museum entered into a
Space Agreement whereby the Museum would be permitted to occupy building space, said space
agreement being attached hereto as Exhibit A (the "Space Agreement").
WHEREAS, the Museum has requested that, subject to the terms and conditions set forth
hereunder, the City permit the Museum to occupy certain City building space in Yorkville,
Illinois, only for the purposes described in the Space Agreement, as a back-up arrangement in the
event that the Space Agreement should be terminated.
WHEREAS, the City is agreeable to providing appropriate space to the Museum, in one
or more municipal locations, if and when such space is acceptable.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and certain other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1 . The City and the Museum hereby agree that the City will license to the Museum
the right to occupy space to be determined by them as available and mutually agreeable, under
the same terms and conditions set forth in the Museum's Space Agreement attached as Exhibit A.
2. In the event of a conflict between the terms and provisions of this Agreement and
the Space Agreement, the terms of this Agreement shall control.
3. Complete Understanding. This Agreement sets forth all of the promises,
agreements, conditions and understandings between the parties regarding the subject matter of
this Agreement, and there are no promises, agreements, conditions and understandings, either
oral or written, other than the contents of this Agreement.
4. Binding Effect. This Agreement shall be binding upon and inure to the benefit the
Museum and the Library, and their respective legal representatives and successors.
5 . Partial Invalidity. The clauses, provisions and sections of this Agreement are
deemed by the parties to be separable and the invalidity of any portion of this Agreement shall
not affect the validity of the remainder.
6. Governing Law. This Agreement shall be construed in accordance with the laws of the
State of Illinois.
7. Notices. All notices and demands required hereunder shall be in writing and shall
be deemed to have been given or made when delivered personally, with proof of delivery thereof,
or when mailed by registered or certified mail, postage prepaid, or by facsimile transmission
followed on the same date as the facsimile by mailing, addressed as follows:
For the City: United City of Yorkville
Attention: City Administrator
800 Game Farm Road
Yorkville, Illinois 60560
Fax No.: 630-553-7575
For the Old Barn Museum: The Old Barn Museum
Attention: Executive Director
Yorkville, Illinois 60560
Fax No. : 630-
or at other such addresses as the parties may indicate in writing to the other either by personal
delivery or by certified or registered mail, return receipt requested, with proof of delivery thereof,
or by facsimile.
8. Execution. This Agreement is entered into by the duly authorized agents of the
parties, each acting pursuant to the laws and ordinances governing their designation as
signatories of this Agreement.
The Old Barn Museum, Inc. The United City of Yorkville
By: By:
Its President Its
EXHIBIT " A "
SPACE AGREEMENT BETWEEN THE YORKVILLE PUBLIC LIBRARY AND
THE OLD BARN MUSEUM
THIS SPACE AGREEMENT dated June , 2007, between the Yorkville Public
Library, an Illinois public library organized and operating in conformance with the provisions of
the Illinois Local Library Act (75 ILCS 511 -1 , Et Seq. (the "Act")) (the "Library"), and The Old
Barn Museum, an Illinois not-for-profit corporation (the "Museum").
WHEREAS, the Museum desires to occupy Library space for the display of artifacts and
items, and to present educational programs, with the goal of promoting and enhancing public
awareness and education in local history, beginning with pre-historic American Indian Cultures
and continuing through to early settler inhabitants in the 1800's and 1900's.
WHEREAS, to this end, the Museum has requested that, subject to the terms and
conditions set forth herein, the Library issue a license ("License") in favor of the Museum to
permit the Museum to occupy that certain portion of the Library's public library building located
at 902 Game Farm Road, Yorkville, Illinois, for the purposes described herein, such space being
more specifically depicted and described in Exhibit A attached hereto and made a part hereof (the
"Space").
WHEREAS, the Board of Library Trustees of the Library have determined that the
Museum's occupancy of the library building for such purposes, and under the terms and
conditions stated herein, would further the interests of the Library and the public, and that such
request should be granted.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), and certain other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1 . License. The Library hereby licenses to the Museum the right to occupy the Space
defined in described in Exhibit A through and including [INSERT DATE], subject to the terms
contained herein, and subject to the Library's right to immediately terminate this Agreement on
written notice to the Museum upon its breach of the terms of this Agreement.
2. Purposes. The Museum's use and occupancy of Library Space under this
Space Agreement shall only be for the display of artifacts and Museum items, and for presenting
educational programs relating to the Museum's purposes, all subject to the Library's reasonable
rules and regulations for the use of Library facilities.
3 . The Museum's use and occupancy of Library space pursuant to this Agreement
shall be [without any payment to the Library] OR [without any payment to the Library through
June 30, 20081 OR [upon payment of a monthly fee of $ due on the first day of each month,
commencing July 1 , 2007] .
2. It is hereby understood that this Agreement is for the convenience of the Museum
and does not constitute a lease or tenancy.
3 . The Museum accepts the Space "AS IS, WHERE IS" and agrees that the Library
shall have no responsibility for, and Museum hereby waives for its own benefit and the benefit of
any person or entity visiting the Space, any and all claims of any kind or nature relating to the
condition of the Space and the improvements thereon, and for any damage or injury which may
occur to any person or property at the Premises.
4. The Museum shall obtain a casualty insurance policy covering all of its property
kept at the Space. Prior to entry upon the Space, and thereafter, throughout the term of this
Agreement, the Museum shall procure and maintain a policy of commercial general liability
insurance and deliver a certificate evidencing same to the Library, covering occurrences on or
about Library property, in the amount of not less than $2,000,000 combined single limit, in
respect of loss or damage to property, or injury to or death of any person, a contractual coverage
endorsement insuring the indemnity obligation provided for in Paragraph 7 below and any and all
insurance coverage of such types and of such limits as required under applicable laws. Such
insurance shall be at the sole cost and expense of the Museum with carriers acceptable to the
Library. The Indemnitees (as defined in Paragraph 6 hereunder) shall be named as additional
insured parties on this insurance policy. All such insurance policies shall provide that they may
not be canceled or altered without at least thirty (30) days prior written notice to Library.
5. In the event that Museum does not vacate the Space on or before September 1 ,
2008, it shall voluntarily surrender possession of the Space and hereby irrevocably agrees to pay
the Library a fee of $200 per day until possession of the Space is delivered to the Library, unless
the parties have entered into a written agreement for Museum's continued occupancy of the
Space or a written extension of this Agreement.
6. The Museum shall not make any alterations, changes, remodeling, or
improvements to any part of the Space, except upon the prior written consent of the Executive
Librarian.
7. In the event that the Museum defaults under this Agreement, it shall pay all of the
Library's attorneys' fees and costs actually incurred in (a) enforcing possession, (b) recovering
possession, or (c) defending any action brought by the Museum against the Library. The
Museum shall indemnify, defend and hold the Library and its officers and employees
(collectively, "Indemnitees") harmless as to any and all claims that may be brought against the
Indemnitees, or any of them, by any person or entity by virtue of the Museum's possession of the
Space under this Agreement including, but not limited to, attorneys' fees and expenses.
8. Time shall be of the essence of this Agreement.
9. Complete Understanding. This Agreement sets forth all of the promises,
agreements, conditions and understandings between the parties regarding the subject matter of
this Agreement, and there are no promises, agreements, conditions and understandings, either
oral or written, other than the contents of this Agreement.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit the
Museum and the Library, and their respective legal representatives and successors.
11 . Partial Invalidity. The clauses, provisions and sections of this Agreement are
deemed by the parties to be separable and the invalidity of any portion of this Agreement shall
not affect the validity of the remainder.
12. Goveming Law. This Agreement shall be construed in accordance with the laws of the
State of Illinois.
13. Notices. All notices and demands required hereunder shall be in writing and shall
be deemed to have been given or made when delivered personally, with proof of delivery thereof,
or when mailed by registered or certified mail, postage prepaid, or by facsimile transmission
followed on the same date as the facsimile by mailing, addressed as follows:
For the Yorkville Public Library: Yorkville Public Library
Attention: Executive Librarian
902 Game Farm Road
Yorkville, Illinois 60560
Fax No.: 630-
For the Old Barn Museum: The Old Barn Museum
Attention: Executive Director
Yorkville, Illinois 60560
Fax No. : 630-
or at other such addresses as the parties may indicate in writing to the other either by personal
delivery or by certified or registered mail, return receipt requested, with proof of delivery thereof,
or by facsimile.
14. Execution. This Agreement is entered into by the duly authorized agents of the
parties, each acting pursuant to the laws and ordinances governing their designation as
signatories of this Agreement.
The Old Barn Museum, Inc. The Yorkville Public Library
By: By:
Its President Its
`�(p0 C4 Reviewed By: Agenda Item Number
J= o � T Legal ❑ t✓D Ck
EST \ 1836 Finance F-1
1 Engineer` E] Tracking Number
-4 1 y City Administrator ❑
9 y`c,0 Consultant ❑❑ Goc- o?ocr- -a3
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Agenda Item Summary Memo
Title: Yorkville Crossing Unit 1 —Crimson Lane Right-of-way Dedication
Meeting and Date: COW July 10, 2007
Synopsis: Request for plat approval for Crimson Lane right-of-way(segment one)
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
The Plan Commission reviewed this dedication as part of the Final Plat for Yorkville Crossing
Unit 1 on June 13, 2007 and recommended approval. The remaining areas of Unit 1 Final Plat
will be presented to the Economic Development Committee for discussion July 17, 2007. The
Crimson Lane portion is being advanced due to construction time constraints—The petitioner
plans to have the roadway constructed by September 2007.
�\(EO car o United City of Yorkville Memo
$ J? 800 Game Farm Road
EST. 1836 Yorkville, Illinois 60560
.4 Telephone: 630-553-8545
o
o y Fax: 630-553-3436
�
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Date: July 5,2007
To: Travis Miller, Community Development Dikeetor
From: Joe Wywrot, City Engineer
CC: Lisa Pickering,Deputy City Cle
Subject: Crimson Lane—Plat of Dedication
I have reviewed the proposed plat of dedication from Smith Engineering dated 6/20/07
and have the following comments:
• I concur with EEI's comments dated 7/3/07.
• Certificates should be added for the City Administrator and City Engineer. While
this specific plat was not presented to the Plan Commission for review, Crimson
Lane was reviewed by the Plan Commission as part of the Yorkville Crossings
Unit 1 plat of subdivision.I don't believe that a Plan Commission Certificate on
this document is necessary.
• This dedication will allow access to both the Prairie Pointe development and the
west end of the Walmart development. The balance of the Crimson Lane right-of-
way extending to Autumn Creek should be included in the Yorkville Crossings
Unit 1 plat of subdivision. A supplemental Plat of Easement will also be needed
for utility easements adjacent to the Crimson Lane right-of-way at that time.
If you have any questions regarding this matter,please see me.
52 Wheeler Road • Sugar Grove, IL 60554
TEL: 630 / 466.9350
FAX: 630 / 466.9380
www.eeiweb.com
Engineering
Ent®rpris®s,
Inc.
July 3, 2007
Mr. Joseph A. Wywrot, P. E.
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Plat of Dedication
Crimson Lane (Hamman Properties)
United City of Yorkville, Kendall County, Illinois
Dear Mr. Wywrot:
We have received and review the following:
• Plat of Dedication Crimson Lane prepared by Smith Engineering
Consultants, Inc dated June 20, 2007.
We offer the following comments:
PLAT OF DEDICATION
1 . The corner cut at the intersection of the northerly right-of-way of
Countryside Parkway and the easterly line of Crimson Lane should be
shown (similar to opposite side of the street.
2. There is a minor discrepancy between the bearings shown on the SEC
plat as compared to the Atwell-Hicks plat of subdivision. Atwell-Hicks
has indicated that they will reconcile this discrepancy within the
Yorkville Crossings plat of subdivision and engineering plans.
3. All existing and proposed easements should be shown on the plat.
consulting Engineers Specializing in Civil Engineering and Land Surveying
'Mr. Joseph A. Wywrot
July 3, 2007
Page 2 of 2
We recommend approval of the referenced plat of dedication subject to the
comments listed above. If you have any questions or require additional
information, please contact our office.
Sincerely,
ENGINEERING ENTERPRISES, INC.
William E. Dunn, P. E.
Senior Project Manager
pc: Bart Olson, Assistant City Administrator
Travis Miller, Community Development Director
Charley Wunder, Urban Planner
Paul Bertie, Atwell-Hicks
JWF, EEI
G;%Pub11ckYorkvi11e\20061Y00642 Crimson Lane Construction\DocVwywrot06.doc
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C/r . Reviewed By: Agenda Item Number
J� 0 Legal ❑
EST 1838 Finance ❑
Engineer ❑
0 � � City Administrator ❑
Tracking Number
(� O Consultant ❑
< E Human Resources El
City Council Agenda Item Summary Memo
Title: Visitability Code Discussion
City Council/COW Agenda Date: JULY 10 , 2007
Synopsis:
Council Action Previously Taken:
Date of Action: May 15, 2007 Action Taken: Discussion/Instracted Staff to prepare
`marked-up' ordinance
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
See attached Draft Visitability Code Ordinance,background information and information related
to Universal/Visitability Design.
=`CEO CIrY
o United City of Yorkville Memo
800 Game Farm Road
ESL ,'� � 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
o LAI Fax: 630-553-3436
<LE 1tiV
Date: June 12, 2007
To: EDC/COW
From: Travis Miller, Community Development Director
Cc: Lisa Pickering, Deputy Clerk
Subject: Visitability Code Ordinance
Background
February 27, 2007 - Presentations made during the February 27, 2007 City Council
meeting and model codes were provided by Alderwoman Spears from the communities of
Bolingbrook and Naperville for review/discussion.
March 20, 2007 — A model ordinance for single family, multi-family and commercial
structures were reviewed/discussed at EDC/COW meeting.
EDC/COW instructed to proceed with drafting a code for single family dwelling units
only. It was determined that multi-family units and commercial structures are currently
required to comply with the Illinois Accessibility Code and the International Building
Code Chapter 11 which sufficiently address accessibility design for these structure types.
EDC/COW instructed staff to conduct a meeting with the local residential contractors and
developers to discuss the proposed ordinance and gather their input on each of the
modifications prior to adopting any new codes.
April 12. 2007 — Staff facilitates a discussion and educated the building community in
attendance on the issue. The draft provision generating the most concern and resulting in
the most discussion from the builders was the ` Step-Free' regulation. Attached find the
meeting summary from April 12, 2007.
May 15, 2007 — Staff presented the April 12, 2007 meeting summary and a revised
Visitability Code attempting to include/address the comments and input gathered on
April 12, 2007. Many items from the previous draft had been omitted. EDC/COW
instructed staff to prepare a mark-up ordinance explaining each modification
recommended.
1
Attached please find the following information:
- Clean Visitability Code Ordinance for consideration
- Marked-up Visitability Code Ordinance with staff comments
Original draft ordinance (as presented March 20, 2007)
- April 12, 2007 meeting summary (Builder Input Meeting/Discussion with
staff)
- Letters from AMG Homes and Shanahan Homes
- Zoning Practice (April 2006 edition) `Zoningfor Universal Design and
Visitability '
2
DRAFT 7 / 10 / 07
STATE OF ILLINOIS )) SS
COUNTY OF KENDALL )
ORDINANCE NO. 2007-
AN ORDINANCE ADDING CHAPTER 16, VISITABILITY CODE, TO TITLE 8,
UNITED CITY OF YORKVILLE MUNICIPAL CODE
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful •consideration
by the Mayor and City Council, has determined it necessary to improve residences in the
United City of Yorkville for visitability by persons with disabilities;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration
by the Mayor and the City Council, has determined that it is in the best interests of the
community to amend Title 8 of the Yorkville City Code to include standards for
visitability;
NOW, THEREFORE, BE IT ORDAINED BY THE UNITED CITY OF
YORKVILLE:
Section 1. That Title 8, of the Yorkville City Code is hereby amended to add
Chapter 16, Visitability Code.
Section 2. The following sections are inserted:
Section 8-16-1 : Title. This Chapter shall be known as the Visitability
Code of the United City of Yorkville (hereinafter referred to as "this
Chapter").
Section 8-16-2: Purpose. The purpose of this Chapter is:
A. Provide reasonable criteria for the design and construction of all
one- and two-family dwelling units (hereinafter referred to as
"dwelling") to improve the visitability by persons with disabilities;
and
B. Ensure each dwelling contains at least one floor level meeting the
minimum regulations set forth in this Chapter
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DRAFT 7 / 10 / 07
Section 8-16-3: Definitions.
A. Accessible route, exterior: A continuous, unobstructed path at least
thirty-six inches (36") wide with a maximum 1 : 12 slope, extending
from a parking area or public way to the entrance of the dwelling.
B. Accessible route, interior: A continuous, unobstructed path at least
thirty-six inches (36") wide between rooms on the floor level of
visitability and the no-step entrance.
C. Dwelling: A one- or two-family residential unit constructed in
accordance with the adopted Residential Code of the United City of
Yorkville.
D. Panelboard: A single panel or group of panel unites designed for
assembly in the form of a single panel, including buses and automatic
overcurrent devices, and equipped with or without switches for the
control of light, heat or power circuits, designed to be placed in a
cabinet or cutout box placed in or against a wall, partition, or other
support and accessible only from the front (see service equipment).
E. Receptacle: A contact device installed at the outlet for the connection
of an attachment plug. A single receptacle is a single contact device
with no other contact device on the same yoke. A multiple receptacle
is two or more contact devices on the same yoke.
F. Service equipment: The necessary equipment, usually consisting of a
circuit breaker(s) or switch(es) and fuse(s), and their accessories,
connected to the load end of the service conductors to a building or
other structure, or an otherwise designated area, and intended to
constitute the main control and cutoff of the supply.
G. Step-free entrance: A 1 : 12 sloping approach (without risers) to a
beveled threshold of one-half inch ( 1/2") or less, at any ingress to the
dwelling.
H. Switch: A device intended for used in general distribution and branch
circuits, to begin or interrupt current to a different device, such
lighting fixture or receptacle.
Section 8-16-4: Design requirements. The designated visibility floor level
only, or designated floor levels—if more than one is designated by the
builder at the time of permit application—shall meet the following
requirements:
Section 8-16-4.1: Step-free entrance. Every dwelling shall be
provided with at least one (1) step-free entrance reachable via an
exterior accessible route. This entrance can be approached by a
sidewalk, a driveway, or other usable route. -.Exception: The
United City of Yorkville Code Official, or designee, may grant a
modification or an exemption to the requirements of this Chapter
regarding the exterior accessible route only if the lot's natural
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DRAFT 7 / 10 / 07
slope t it prevents achieving a maximum 1 : 12 slope without
extensive grading.
Section 8-16-4.2 : Doors. The required step-free entrance/exit door and
interior doors a minimum of thirty-six inches (36") in width, six feet eight
inches (6' 8") in height, and provide a minimum clear opening of thirty
two inches (32") (measured from face of door to stop). The required exit
door shall be side-hinged.
Exceptions:
1. The following doors, provided a minimum thirty-two inch
(32") clear opening is maintained:
a. Sliding doors.
b. Interior pocket doors.
2. A door that provides access to a closet of fewer than 15 sq.
ft. in area.
3. Interior doors that do not require passage for access as
determined by the code official, for example, doors to linen
closets and pantries in which the shelves are located
immediately inside the door opening.
Section 8-16-4.2.1 : Door hardware. Lever-type hardware is
required on all doors.
Exceptions: Pocket doors, sliding closet doors, and cabinet
doors.
Section 8-16-4.3: Security system control panels. If a security system
is installed and uses wall key pads, said key pads shall be located at a
maximum height of forty-eight inches (48") above the finished floor.
Height shall be determined by measuring from the finished floor to the
center of the key pad.
Section 8-16-4.4: Routes within a dwelling. An interior accessible route
shall be provided through the hallways. Hallways for exit access shall be
a minimum of forty-two inches (42") in width.
Section 8-16-4.5: Electrical provisions.
Section 8-16-4.5.1 : Panelboards/service equipment. The main
panelboard/service equipment shall be located on the visitability floor,
and shall maintain all required clearances and requirements in
accordance with the electrical provisions of the International
Residential Code and the National Electrical Code adopted by the
United City of Yorkville.
Section 8-16-4.5.2: Electrical receptacles. Wall receptacles shall be
located at a height not less than fifteen inches (15") above finished
floor, except for receptacles located above countertops in accordance
with the National Electrical Code. Height shall be determined by
measuring from the finished floor to the center of the receptacle.
When the receptacle placement is prohibited by the height of a
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DRAFT 7 / 10 / 07
window or design feature, an alternate location can be approved by the
Code Official or duly authorized designee.
Exception: This requirement does not apply where the use of
special equipment dictates otherwise as required by the
manufacturer.
Section 8-16-4.5.3: Electrical switches. Wall switches controlling
light fixtures and fans located at a height not to exceed forty eight
inches (48") above finished floors, unless provided with a remote
control. Height shall be determined by measuring from the finished
floor to the center of the switch.
Exception: This requirement does not apply where the use of
special equipment dictates otherwise as required by the
manufacturer.
Section 8-16-4.6: Required bathroom. There shall be at least one _
bathroom/powder room, containing at least a sink and a water closet. This
bathroom/powder room shall be designed and constructed in a manner that
will provide wheelchair access to both the water closet and sink.
Section 8-16-4.6.1: Dimensions for maneuverability. The bathroom
shall have a minimum thirty-two inch (32") clear path to all fixtures
and the room must be designed in a manner allowing the user to be
able to shut the door when using the room. The bathroom door may be
hinged to swing out to provide more room, if the hallway design
provides the proper clearances.
Section 8-164.6.2: Wall reinforcement. The walls of the required
bathroom shall be reinforced with lateral two-inch x six-inch (2" x 6")
or larger wood blocking installed flush with studs within the wall
cavity, to support potential grab bars. The wood blocking, when
measured to the center, shall be located a minimum of thirty-three
inches (33") and maximum of thirty-six inches (36") above the
finished floor. Such reinforcements shall include:
1. All walls adjacent to the water closet shall have horizontal
backing reinforcements a minimum of thirty-three inches (33")
and a maximum of thirty-six inches (36") above the floor to
allow for a twenty-four inch (24") grab bar on the wall behind
the water closet and another forty-two inch (42") grab bar next
to the water closet.
2. If a bathtub is located in the required bathroom:
a. Two (2) backing reinforcements on the sidewall of the
bathtub, each a minimum of twenty-four inches (24")
long and a maximum of twenty-four inches (24") from
the front wall and a maximum of twelve inches (12")
from rear wall, one in a horizontal position a minimum
of thirty-three inches (33") and a maximum of thirty-six
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DRAFT 7 / 10 / 07
inches (36") above the floor, and one (1 ) nine inches
(9") above the rim of the bathtub;
b. One (1) backing reinforcement on the rear wall of the
bathtub, a minimum of twenty-four inches (24") long
and located at the front edge of the bathtub; and
c. One (1 ) backing reinforcement on the front wall of the
bathtub, at least 12 inches long and located at the front edge
of the bathtub.
Exception: A manufactured tub surround may be used
which includes grab bar(s) certified to meet ANSI
standards and the current Illinois Accessibility Code.
3. If a shower, separate from the bathtub, is present in the
bathroom, such reinforcements shall include backing
reinforcements on at least two (2) walls on which the control
valve is not located, each a minimum of thirty-three inches
(33") and a maximum of thirty-six inches (36") above the
finished floor.
Exception: A manufactured shower surround may be used
which includes grab bar(s) certified to meet ANSI
standards and the current Illinois Accessibility Code.
Section 8-16-5: Appeals process. The following process shall be used for
appealing the code official's decision regarding the requirements of this
Chapter.
OPTION I—specifying the City Council as appeals board:
Section 8-16-5.1 : Application for appeal. Any person directly affected
by a decision of the code official under this Chapter shall have the right to
appeal to the City Council, provided that a written application for appeal is
filed within 20 days after the day the decision was served. An application
for appeal shall be based on a claim that the true intent of this Chapter or
the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this Chapter do not fully apply, or the requirement of this
Chapter are adequately satisfied by other means, or that the strict
application of any requirement of this Chapter would cause an undue
hardship.
Section 8-16-5.2: Membership of board. The board of appeals shall be
the City Council.
Section 8-16-5.3: Notice of meeting. The City Council shall meet within
20 days of the filing of an appeal, or at stated periodic meetings.
Section 8-16-5.4: Open hearing. All hearings before the City Council
shall be open to the public, with due notice of said hearing being provided
by a posting by the City Clerk. The appellant, the appellant's
representative, the code official, and any person whose interests are
5of10
DRAFT 7 / 10 / 07
affected shall be given an opportunity to be heard. A quorum shall consist
of not less than two-thirds (2/3) of the City Council membership.
Section 8-16-5.5: Postponed hearing. When a quorum of the City
Council is not present to hear an appeal, either the appellant or the
appellant's representative shall have the right to request a postponement of
the hearing.
Section 8-16-5.6: Board decision. The City Council shall modify,
reverse, or uphold the decision of the code official only by a concurring
vote of a majority of the total number of appointed board members.
Section 8-16-5.6.1 : Records and copies. The decision of the
board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
Section 8-16-5.6.2: Administration. The code official shall take
immediate action in accordance with the decision of the board.
OPTION II using Appeals Board as the final decision-making body.
Section 8-16-5.1 : Application for appeal. Any person directly affected
by a decision of the code official under this Chapter shall have the right to
appeal to the board of appeals, provided that a written application for
appeal is filed within 20 days after the day the decision was served. An
application for appeal shall be based on a claim that the true intent of this
Chapter or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this Chapter do not fully apply, or the
requirement of this Chapter are adequately satisfied by other means, or
that the strict application of any requirement of this Chapter would cause
an undue hardship.
Section 8-16-5.2: Membership of board. The board of appeals shall
consist of a minimum of five members who are qualified by experience
and training to pass on matters pertaining to this Chapter and who are not
employees of the jurisdiction, specifically, a minimum of: two or three (2
or 3) qualified in the building trades or structural engineers, two (2)
alderpersons, and one or two (1 or 2) citizens. The code official shall be
an ex-officio member, but shall have no vote on any matter before the
board. The boards shall be appointed by the chief appointing authority,
and shall serve staggered and overlapping terms.
Section 8-16-5.2.1 : Alternate members. The chief appointing
authority shall appoint two (2) or more alternate members who
shall be called by the board chairman to hear appeals during the
absence or disqualification of a member. Alternate members shall
possess the qualifications required for board membership.
Section 8-16-5.2.2 : Chairman. The board shall annually select
one of its members to serve as chairman.
6of10
DRAFT 7 / 10 / 07
Section 8-16-5.2.3: Disqualification of member. A member
shall not hear an appeal in which that member has a person,
professional, or financial interest.
Section 8-16-5.2.4: Secretary. The chief administrative officer
shall designate a qualified person to serve as secretary to the board.
The secretary shall file a detailed record of all proceedings in the
office of the chief administrative officer.
Section 8-16-5.3: Notice of meeting. The board shall meet upon notice
from the chairman, within 20 days of the filing of an appeal, or at stated
periodic meetings.
Section 8-16-5.4: Open hearing. All hearings before the board shall be
open to the public, with due notice of said hearing being provided by a
posting by the City Clerk. The appellant, the appellant's representative,
the code official, and any person whose interests are affected shall be
given an opportunity to be heard. A quorum shall consist of not less than
two-thirds (2/3) of the board membership.
Section 8-16-5.4.1 : Procedure. The board shall adopt and make
available to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall mandate
that only relevant information be received.
Section 8-16-5.5: Postponed hearing. When the full board is not present
to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
Section 8-16-5.6: Board decision. The board shall modify, reverse, or
uphold the decision of the code official only by a concurring vote of a
majority of the total number of appointed board members.
Section 8-16-5.6.1 : Records and copies. The decision of the
board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
Section 8-16-5.6.2: Administration. The code official shall take
immediate action in accordance with the decision of the board.
OPTION III using City Council as final decision-making body after
Appeals Board, upon request of appellant:
Section 8-16-5.1: Application for appeal. Any person directly affected
by a decision of the code official under this Chapter shall have the right to
appeal to the board of appeals, provided that a written application for
appeal is filed within 20 days after the day the decision was served. An
application for appeal shall be based on a claim that the true intent of this
Chapter or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this Chapter do not fully apply, or the
requirement of this Chapter are adequately satisfied by other means, or
7of10
DRAFT 7 / 10 / 07
that the strict application of any requirement of this Chapter would cause
an undue hardship.
Section 8-16-5.2: Membership of board. The board of appeals shall
consist of a minimum of three members who are qualified by experience
and training to pass on matters pertaining to this Chapter and who are not
employees or officials of the jurisdiction. The code official shall be an ex-
officio member, but shall have no vote on any matter before the board.
The boards shall be appointed by the chief appointing authority, and shall
serve staggered and overlapping terms.
Section 8-16-5.2.1 : Alternate members. The chief appointing
authority shall appoint tow or more alternate members who shall be
called by the board chairman to hear appeals during the absence or
disqualification of a member. Alternate members shall possess the
qualifications required for board membership.
Section 8-16-5.2.2 : Chairman. The board shall annually select one
of its members to serve as chairman.
Section 8-16-5.2.3: Disqualification of member. A member shall
not hear an appeal in which that member has a person, professional, or
financial interest.
Section 8-16-5.2.4: Secretary. The chief administrative officer shall
designate a qualified person to serve as secretary to the board. The
secretary shall file a detailed record of all proceedings in the office of
the chief administrative officer.
Section 8-16-5.3: Notice of meeting. The board shall meet upon notice
from the chairman, within 20 days of the filing of an appeal, or at stated
periodic meetings.
Section 8-16-5.4: Open hearing. All hearings before the board shall be
open to the public, with due notice of said meeting being provided by a
posting by the City Clerk. The appellant, the appellant's representative,
the code official, and any person whose interests are affected shall be
given an opportunity to be heard. A quorum shall consist of not less than
two-thirds (2/3) of the board membership.
Section 8-16-5.4.1 : Procedure. The board shall adopt and make
available to the public through the secretary procedures under
which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall mandate
that only relevant information be received.
Section 8-16-5.5: Postponed hearing. When the full board is not present
to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
8of10
DRAFT 7 / 10 / 07 ,
Section 8-16-5.6: Board decision. The board shall modify, reverse, or
uphold the decision of the code official only by a concurring vote of a
majority of the total number of appointed board members.
Section 8-16-5.6.1 : Records and copies. The decision of the
board shall be recorded. Copies shall be furnished to the appellant
and to the code official.
Section 8-16-5.6.2: Administration. The code official shall take
immediate action in accordance with the decision of the board.
Section 8-16-5.7: City Council review. Any person, whether or not a
previous party of the appeal, shall have the right to appeal the decision of
the board to the City Council. Application for review shall be made in the
manner and timer required by law following the filing of the decision in
the office of the chief administrative officer (mayor/city administrator).
Section 3. Severability. That if any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
Section 4. That the City Clerk is hereby ordered and directed to cause this ordinance to
be published.
9of10
DRAFT 7 / 10 / 07
Section 5. That this ordinance and the rules, regulations, provisions, requirements,
orders, and matters established and adopted hereby shall take effect, and be in full fore
and effect after its passage and approval by the Mayor and City Council, as required by
law.
IN WITNESS WHEREOF, this Ordinance has been enacted this th day of
52007.
WALLY WERDERICH MARTY MUNNS
JASON LESLIE ROBYN SUTCLIFF
ARDENJOEPLOCHER ROSESPEARS
GARY GOLINSKI JOSEPH BESCO
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 th day of A.D. 2007.
Attest:
Jacquelyn Milschewski
CITY CLERK
10 of 10
STATE OF ILLINOIS )
) SS
COUNTY OF KENDALL )
ORDINANCE NO. 2007-
AN ORDINANCE ADDING CHAPTER 16, VISITABILITY CODE, TO TITLE 8,
UNITED CITY OF YORKVILLE MUNICIPAL CODE
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration
by the Mayor and City Council, has determined it necessary to improve residences in the
United City of Yorkville for visitability by persons with disabilities;
WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration
by the Mayor and the City Council, has determined that it is in the best interests of the
community to amend Title 8 of the Yorkville City Code to include standards for
visitability;
NOW, THEREFORE, BE IT ORDAINED BY THE UNITED CITY OF
YORKVILLE:
Section 1. That Title 8, of the Yorkville City Code is hereby amended to add
Chapter 16, Visitability Code.
Section 2. The following sections are inserted:
Section 8-16-1 : Title. This Chapter shall be known as the Visitability
Code of the United City of Yorkville (hereinafter referred to as "this
Chapter").
Section 8-16-2: Purpose. The purpose of this Chapter is:
A. Provide reasonable criteria for the design and construction of all
one- and two-family dwelling units (hereinafter referred to as
"dwelling") to improve the visitability by persons with disabilities;
and
B. Ensure each dwelling contains at least one floor level meeting the
minimum regulations set forth in this Chapter
Section 8-16-3: Definitions.
A. Accessible route, exterior: A continuous, unobstructed path at least
thirty-six inches (36") wide with a maximum 1 : 12 slope, extending
from a parking area or public way to the entrance of the dwelling.
B. Accessible route, interior: A continuous, unobstructed path at least
thirty-six inches (36") wide between rooms on the floor level of
visitability and the no-step entrance.
C. Dwelling: A one- or two-family residential unit constructed in
accordance with the adopted Residential Code of the United City of
Yorkville.
D. Receptacle: A contact device installed at the outlet for the connection
of an attachment plug. A single receptacle is a single contact device
with no other contact device on the same yoke. A multiple receptacle
is two or more contact devices on the same yoke.
E. Step-free entrance: A 1 : 12 sloping approach (without risers) to a
beveled threshold of one-half inch (1/2") or less, at any ingress to the
dwelling.
F. Switch: A device intended for used in general distribution and branch
circuits, to begin or interrupt current to a different device, such
lighting fixture or receptacle.
Section 8-16-4: Design requirements. floor with this Chapter The
designated visibility floor level only, or designated floor levels—if more than
one is designated by the builder at the time of permit application—shall meet
the following requirements:
Section 8-16-4.1: Step-free entrance. Every dwelling shall be
provided with at least one (1) step-free entrance reachable via an
exterior accessible route. This entrance can be approached by a
sidewalk, a driveway, or other usable route. -.Exception: The
United City of Yorkville Code Official, or designee, may grant a
modification or an exemption to the requirements of this Chapter
regarding the exterior accessible route only if the lot's natural
slope if it prevents achieving a maximum 1 : 12 slope without
extensive grading.
Section 8-16-4.2: Doors. The required step-free entrance/exit door
and interior doors a minimum of thirty-six inches (36") in width, six
feet eight inches (6' 8") in height, and provide a minimum clear
opening of thirty two inches (32") (measured from face of door to
stop). The required exit door shall be side-hinged.
Exceptions:
1. The following doors, provided a minimum thirty-two inch
(3211) clear opening is maintained:
a. Sliding doors.
b. Interior pocket doors.
2. A door that provides access to a closet of fewer than 15 sq.
ft. in area.
3. Interior doors that do not require passage for access as
determined by the code official, for example, doors to linen
closets and pantries in which the shelves are located
immediately inside the door opening.
Section 8-164.2.1 : Door hardware. Lever-type hardware is
required on all doors.
Exceptions: Pocket doors, sliding closet doors, and cabinet
doors.
Section 8-16-4.3: Security system control panels. If a security system
is installed and uses wall key pads, said key pads shall be located at a
maximum height of forty-eight inches (48") above the finished floor.
Height shall be determined by measuring from the finished floor to the
center of the key pad.
Section 8-164.4: Routes within a dwelling. An interior accessible route
shall be provided through the hallways. Hallways for exit access
shall be a minimum of forty-two inches (42") in width.
Section 8-16-4.5: Electrical receptacles. Wall receptacles shall be
located at a height not less than fifteen inches (15") above finished floor,
except for receptacles located above countertops in accordance with the
National Electrical Code. Height shall be determined by measuring from
the finished floor to the center of the receptacle. When the receptacle
placement is prohibited by the height of a window or design feature, an
alternate location can be approved by the Code Official or duly authorized
designee.
Exception: This requirement does not apply where the use of
special equipment dictates otherwise as required by the
manufacturer.
Section 8-16-4.6: Electrical switches. Wall switches controlling light
fixtures and fans located at a height not to exceed forty eight inches (48")
above finished floors, unless provided with a remote control. Height shall
be determined by measuring from the finished floor to the center of the
switch.
Exception: This requirement does not apply where the use of
special equipment dictates otherwise as required by the
manufacturer.
Section 8-16-4.7: Required bathroom. There shall be at least one
bathroom/powder room, containing at least a sink and a water closet. This
bathroom/powder room shall be designed and constructed in a manner that
will provide wheelchair access to both the water closet and sink.
Section 8-16-4.7.1 : Dimensions for maneuverability. The bathroom
shall have a minimum thirty-two inch (32") clear path to all fixtures
and the room must be designed in a manner allowing the user to be
able to shut the door when using the room. The bathroom door may be
hinged to swing out to provide more room, if the hallway design
provides the proper clearances.
Section 8-16-4.7.2: Wall reinforcement. The walls of the required
bathroom shall be reinforced with lateral two-inch x six-inch (2" x 6")
or larger wood blocking installed flush with studs within the wall
cavity, to support potential grab bars. The wood blocking, when
measured to the center, shall be located a minimum of thirty-three
inches (33") and maximum of thirty-six inches (36") above the
finished floor. Such reinforcements shall include:
1. All walls adjacent to the water closet shall have horizontal
backing reinforcements a minimum of thirty-three inches (33") and
a maximum of thirty-six inches (36") above the floor to allow for a
twenty-four inch (24") grab bar on the wall behind the water closet
and another forty-two inch (42") grab bar next to the water closet.
2. If a bathtub is located in the required bathroom:
a. Two (2) backing reinforcements on the sidewall of the
bathtub, each a minimum of twenty-four inches (24")
long and a maximum of twenty-four inches (24") from
the front wall and a maximum of twelve inches (12")
from rear wall, one in a horizontal position a minimum
of thirty-three inches (33") and a maximum of thirty-six
inches (36") above the floor, and one (1) nine inches
(9") above the rim of the bathtub;
b. One (1) backing reinforcement on the rear wall of the
bathtub, a minimum of twenty-four inches (24") long
and located at the front edge of the bathtub; and
c. One (1) backing reinforcement on the front wall of the
bathtub, at least 12 inches long and located at the front edge
of the bathtub.
Exception: A manufactured tub surround may be used
which includes grab bar(s) certified to meet ANSI
standards and the current Illinois Accessibility Code.
3. If a shower, separate from the bathtub, is present in the
bathroom, such reinforcements shall include backing
reinforcements on at least two (2) walls on which the control valve
is not located, each a minimum of thirty-three inches (33") and a
maximum of thirty-six inches (36") above the finished floor.
Exception: A manufactured shower surround may be
used which includes grab bar(s) certified to meet ANSI
standards and the current Illinois Accessibility Code.
Section 8-16-5: Appeals process. The following process shall be used for
appealing the code official's decision on a variance to the requirements of this
Chapter.
Section 8-16-5.1: General. In order to hear and decide appeals of orders,
decisions, or determinations made by the code official relative to the
application and interpretation of this Chapter, there shall be and is hereby
created a board of appeals. The code official shall be an ex officio member
of said board but shall have no vote on any matter before the board. The
board of appeals shall be appointed by the City Council and shall hold
office at its pleasure.
When a quorum is present, the board shall modify, reverse, or uphold
the decision of the code official by a concurring vote of the majority of
members present at the meeting.
The board of appeals shall adopt rules of procedure for conducting its
business and shall render all decisions and findings in writing to the
appellant with a duplicate copy to the building official.
Section 8-16-5.2: Limitations on authority. An application for appeal
shall be based on a claim that the true intent of this Chapter or the rules
legally adopted thereunder have been incorrectly interpreted, the
provisions of this Chapter do not fully apply, or an equally good or better
form of construction is proposed.
Section 8-16-5.3: Criteria for issuance of a variance. A variance shall
only be issued upon:
1. A showing of good and sufficient cause that the unique
characteristics of the size, configuration or topography of the site
render the standards in Section 8-16-4. 1 inappropriate;
2. A determination that failure to grant the variance would result in
exceptional hardship by rendering the lot undevelopable; and/or
3. A determination that the granting of a variance will not result in
decreased visitability, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
Section 8-16-5.5: Qualifications. The board of appeals shall consist of
members who are qualified by experience and training to pass on matters
pertaining to building construction and are not employees of the
jurisdiction.
Section 8-16-5.6: Administration. The code official shall take immediate
action in accordance with the decision of the board.
Section 3. Severability. That if any section, subsection, sentence, clause or phrase of
this ordinance is, for any reason, held to be unconstitutional, such decision shall not
affect the validity of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, and phrases be declared unconstitutional.
Section 4. That the City Clerk is hereby ordered and directed to cause this ordinance to
be published.
Section 5. That this ordinance and the rules, regulations, provisions, requirements,
orders, and matters established and adopted hereby shall take effect, and be in frill fore
and effect after its passage and approval by the Mayor and City Council, as required by
law.
IN WITNESS WHEREOF, this Ordinance has been enacted this _th day of
72007.
WALLY WERDERICH MARTY MUNNS
JASON LESLIE ROBYN SUTCLIFF
ARDEN JOE PLOCHER ROSE SPEARS
GARY GOLINSKI JOSEPH BESCO
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 th day of A.D. 2007.
Attest:
Jacquelyn Milschewski
CITY CLERK
�OftDINAMCE NQ,-'
AN ORDINANCE AMENDING CHAPTER '_ _ OF THE UNITED
CITIr' AF li'ORKVILLE :NIUNICIPAL CQDE
46A'
TO ADD kNEW ARTICLE<,THE
.RETO
.SINGLE4AMILY' DWELLINGS
VLSI` -4ABILITY GQQE COMMeq [7M11. The Tidesm_
- -- -- - - - - - - - - - - - - - becdlwChapferlb VisilabijMF de,To,
Tide 8 ofihe City MwCipal Code°
�IVHEREAS, whether due to injury or age, ;.th' a "_great
Iikeiihood;for each'of us, at'some time in our life, to suffer." a temporary
br Per manent;,condition that limits mobility or the ability to perform
"daily"task 'ofliJing; and
IflF112EAS, ;visit-ability design provides;; barrler-free housing fOr
persolrs,tfirpughout their life and this 'sustainabiliiy, in 'housing 'ensures
that notronl}r wiliithe home continue to 'be affordable; liut i , vill -also
Jt'contmue`''tosery ethe physical needs' of housing fainilyi ,members and
visitors t#rorn.childI hood to sedior years,:and
1iVHER AS, a home is the single, largest; financiai_investment for
most families. and the average Cost of bar,'rerfree . design„ features
inc„iucfed to sew construction is much less ttian,_fiater nodification , for
466e ibitity when such features are required;an
;aAfHEREpS,.`people with disabilities and then 'irrin 2d1ate;ia n1lies
are gftgn,isolated into their own, hoales because .the,t,q_mes of.inost:of
Eheir . ee`quaiFi`tanees contain insurFnountable . barriers, an, often
e90enence Miculty in finding„a, suitable ,house to purchase or-ren t
aria
WHEREAS,; an occupant of a home that_ has " barrier=free design
features Lwho becomes ' dlsabled, whether temporarily, oG permanently.;
may be "able to remain at home and :avoid. or delay the'great'expenhge
and emotional trauma of institutional'izatlon; and
WHEREAS, the senior populatlon will double" im'th( year 2030
and I most of these seniors (85%) `prefer to,;remain h them homes
(AARP), and visit-ability design retains elders in the neighborhood to
provide cultural stability an d.continuity; and
WHEREAS, 'THE Mayor and ; City 1 Council believe and hereby
declare that it is in the best interest of the City, to establish a Visit-
- Comment (rM21 Thet{erFas
ability Code, as hereinafter provided : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ saxmemstn bereaucedW fie gnhcer . ,
s(uroMenjs [ebitmgthe('fry CoMf�[ ,
&ems [neF5ES9a.ytonoprove:r8ardal�es
fur iefebhi3tmtd S �rrcffie 6eitmfeiesC"
oCU, 6oY�lk;g( tYfsir'ah �iry'.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY mndards wnB nfieb unic;pR(cuae.
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS IN THE EXERCISE OF ITS STATUTORY POWERS, AS
FOLLOWS :
Chapter of the Municipal Code of the United City of
Yorkville shall be and is hereby amended to add a new Article _
thereto, which new Article shall hereafter be and read as follows :
ARTICLE - VISIT-ABILITY CODE
�ection -; pURPQSE.` The purpose;of this Article is
to establish minimum regulations ;for the design, installation and
construction of single-family dwilings. by providing ' reasonable criteria
for visita6lity by persons ,with disabilities. _ Comm°nt[TM3]: Elahmatepnpnsc
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � [o clearly smte,wMrhsing7e-famdYwds'
must comply and that at teas`[ onefluorbe
in'comRI wto e
fSection _„ TITLE. , :This article shali. be kngwn,:as the
Visit-ability Code of the United City of Yorkville'-, and:. is herI ina_ fter
referred to m°"xt:nKa]: Flo am no= °n
l and mftttoasChrCs` ' C
as the Comment [TMS7. Insert a definitions
OeCtionl _ _ _ VISIT-AABILITY
_ _REQUIREMENTS, aeconmdefinemmatobeuedwithn '
dus chapter[lief may haze ot6et
Ensure each single- family, dwelling unit contain at least one level thatnnnadlsewhem awac�a=.
complies with the following requirements :
11 I COmnt ETM6]: Genial Comment
_ _ _ _ � `
sections to begin with `
design requu�fienm as one woS$d inter .
Section _ - _ STEP FREE ENTRANCE. Every single- the homemWpsperiencethe
improvements m more fnmhivtty artsbge.'.
family dwelling and attached single-family dwelling shall be provided th` a%f Ofth`Chap1er'
with at least one ( 1 ) step free entrance, accessible from an accessible
route from a parking area or public way. (An accessible route is a
continuous, unobstructed path at least 36 inches wide connecting all
interior and exterior elements and spaces of a house and site including
corridors, parking , curb ramps, crosswalks and sidewalks and served
by a no-step, flat entrance with a beveled threshold of 1 /2 inch or
less. This step free entrance shall be approached by a slope no
greater than 1 in 12 (less steep is desirable). This entrance can be
approached by a sidewalk, a driveway, a garage floor, or other usable
route . The step free entrance may be located at any entrance of the
home. �f the step free 'entrance i orated . in the ,garage, a doo_ r'be_ ll
Comment pMZ1 Hamovethe '
button shalt `be- located out lde,thenverhea8 'garaged9or;1_ I_n_ a_ cas_e . sare�enx- k�wna�acc epaat= '
accessbfemummdmtpermitlW tope
where a lot is so steep that it cannot be graded to a maximum slope of
�uhdellhe rmj'eotbiwicipalCdde.,'fha
1 : 12, the driveway may have to exceed to a 1 : 12 (or) less route ep &ee nmvice md3l leaafn Game
ex1ehOrpoinL
leading from the driveway to the no-step entrance.
CrtArtgetK[TMB] Theaa)tamtx %
EXCEPTIONS: �he United City"of Yorkville Eriginee - or his_ designee, b°adue h6Code9fieml.
mnewmgtheappliCahou (orpermtr.
may only grant modifications or an exemption to the requirements of kTi6ag6masn�T�wwu=ry�ssme
se�„�na+ea�>Bg��ea�eeratll
this Ordinance regarding full compliance with exterior path or travel on
mosniety6t6onmUea neC3y" . .
9 9 P P 6(6nut s6wtd�fiavpdmamhoritg,
tlnsC6ap`ter1°:derett°metfau eikeIg ki
r .-.
an individual case-by-case basis. The criteria for granting a Lapp op ae
modification or exemption are as follows:
(1) (1) The lot rises or falls so steeply from the street than a
maximum 1 :12 slope cannot be achieved without
extensive grading; and
(2) (4 betermihes that such entrance is not feasible 'based
C0MM6ttt[TM97. WWerelevaN°ns
on water table elevations.[ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - amirrelcvmt-litfie Waterrableimpaem
a6r7ityb grade itwilkwso imp3G[ae
a6i7ityio,coasuvct a Foundation.`
Section ELECTRICAL WALL SWITCHES. In all
single-family dwellings, wall switches controlling light fixtures and
Cpmment[�110] Eaese Reprs are
fans, �ecurity system, electrical pehe[ or therm6stat hall be _located at. nnireah iceuksWn�ngsanda ouldfau `.
under a separatefieadins in this ffiapter
a height not to exceed forty eight (48) inches above finished floors.
Height shall be determined by measuring from the finished floor to the
center of the switch .
EXCEPTION: This requirement does not apply where the use of
special equipment dictates otherwise as required by the manufacturer.
Section . ELECTRICAL WALL RECEPTACLES. In
all single-family dwellings all wall receptacles, light switches,
thermostats and environmental controls shall be located at a height
Cpmmerit[rb! 3 The Nahunat "
not less than fifteen ( 15) inches above finished 0061 . _ Height_ shall_be - eiettrtee °e atept al bne
above com5tertuPS(mk,tdlEtu au{Y " :
determined by measuring from the finished floor to the center of the
en0i lilt5'pCm%�s,Pn
receptacle. When the receptacle placement is prohibited by the height
of a window or design feature, an alternate location can be approved
by the Chief Building Official or duly authorized designee.
EXCEPTION: This requirement does not apply where the use of special
equipment dictates otherwise as required by the manufacturer.
Oection ELECTRICAL BOX. Electrical box -must
Comment tTM12]E ih�s sectien
be' located inside.,tuilding, on the same level astbe no step entrance.I _ _ � shonlabe iamovad. Cutent Cd¢e acres r
not all¢w foXUfrtdoo'r Ioaryiimtsufeleercic
boxes/p'aoels.�-"
Section _ - ;OUTSIDE ELECTRIC PANELS. An
electrical paneCloeated outside',the. dwelling unit must`be between. 1.B
inches and 42 Inches above the ground and served by an accessible
" 'COmmeMjM13,] ThtSsecNon ' .
route'.L _ sho°idbe mmoved C°rsent Ca3edoes
not aUbv�for widaor ladaryons a£pleehia'-
bonesh>�ils".
Section _ - ,WALL REINFORCEMEN f1. _ First _ floor_ CommeM[iNia] Ge°era ,
T:omment 11us'4eGOrm sbou`Id dlCarty, _
bathroom walls shall be provided with lateral two x six-inch or
0AW forczmeutibcbgthtub'mdsowers
larger wood blocking installed flush with stud engines within wall nlYwhedheiCdensmemaloaeal° "
g g g re0.n4<a @B;a�yaathroom ,wY,enyfse. l
these ka°4$4g5ldteehhreellyheer @aatred
framing, to support potential grab bars, if required . Such may s ebreta hroam .
reinforcements shall include (aa) two backing reinforcements on the
back all of the bathtub, each at least 24 inches long and not more than
24 inches from the head end wall and not more than 12 inches from
the foot end wall, one in a horizontal position at least 33 inches, but
not more than 36 inches, above the floor, and one 9 inches above the
rim of the bathtub; (bb) one backing reinforcement on the foot end of
the bathtub, at least 24 inches long and located at the front edge of
the bathtub; and , (cc) one backing reinforcement on the head end wall
of the bathtub, at least 12 inches long and located at the front edge of
the bathtub. A pre-manufactured tub and shower surround may be
used which includes grab bar(s) certified to meet the ADA requirement
to bear a 250 pound load . The wood blocking, when measured to the
center, shall be located between thirty-three (33) inches and thirty-six
(36) inches above the finished floor.
All walls adjacent to the toilet shall have horizontal backing
reinforcements, each at least thirty-three (33) inches, but not more
than thirty-six (36 inches, above the floor and sufficient to allow for a
twenty-four (24) inch grab bar on the wall behind the toilet and
another forty-two (42) inch grab bar.
If a shower is present in the bathroom, such reinforcements shall
include backing reinforcements on at least two walls on which the
control valve is not located, each at least thirty-three (33) inches, but
not more than thirty-six (36) inches above the floor. The wood
blocking shall be located in all walls adjacent to a toilet, shower stall or
bathtub. All bathrooms, washrooms and powder rooms shall meet all
applicable requirements of this Code.
Section _ - _. FIRST FLOOR WASHROOM/ POWDER
ROOM . There shall be at least one washroom/powder room,
containing at least a sink and a toilet located on the dwelling first floor
located closest to grade level . that each allow for parallel or head-on
approach by a person in a wheelchair. This washroom/powder room
shall be designed and constructed in a manner than will provide
wheelchair access to both the water closet and lavatory.
EXCEPTION: If a no step entrance is located at a level other
than the level closest to grade, such as the lower level of a split level
home, and a washroom or powder room that complies with the
requirements of this Code is located on the same level as the no step
entrance, a first floor washroom/powder room shall not be required.
Section _ - _. WASHROOM/BATHROOM DESIGN . All
washrooms, bathrooms and powder rooms shall meet all applicable
requirements of the Code. It is not essential (although it is
recommended) to have a large turning radius inside a residential
washroom, bathroom or powder room. In a small washroom,
bathroom or powder room, the wheelchair user can roll in forward and
roll out backward . A minimum thirty-two (32) inch clear path must be
provided to all fixtures and the room must be designed in a manner
that will allow the user to be able to shut the door when using the
room. The bathroom, washroom or powder room door may be hinged
to swing out to provide more room, if the hallway design provides the
proper clearances.
Section . . ACCESSIBLE HABITABLE ,.SPACE. At
least orIi Indoor room t'hat 'has an area,of not less`than 70 square feet
and con t ll,s no side or dimension narrower than. -$even feet.
comment (7Mi51too
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ s6o°Id bNrcmuved. ShefaaNem�eo(ty
req°mxaLLmaoormom tlx6q[Ye
04i on _ DOORS AND HALLWAYS f All hinged,
S �
sliding, folding exterior and interior doors (deck, patio, balcony) shall commeno [Tttidls$em . , , ,'
sho°ldtie�viaed mWaseafmwPdabrs
not be less than three (3) feet in width and six (6) feet, eight (8)
shoWdysMlolarL°�a nAmtre spuep
shouldhB42ande.�
inches in height, and shall provide a minimum clear opening of thirty Deo�nmaware�mmaasave�o�,ae>ea. _
Ltevfit�Jasfs Rnobsf, . _ - ,,. ,-
two (32) inches (measured from face of door to stop). All required
exit doors shall be side hinged. The minimum width of a hallway or
exit access shall not be less than forty-two (42) inches, and in no
event shall the width of a hallway be less than required by the 1997
Illinois Accessibility Code.
EXCEPTIONS: Sliding doors, providing that a minimum of thirty-
two (32) inch clear opening is maintained. Interior pocket doors,
providing that a minimum thirty-two (32) inch clear opening is
maintained. Interior doors that do not require passage for access as
determined by the code official, for example, doors to linen closets and
pantries in which the shelves are located immediately inside the door
opening. A door that provides access to a closet of fewer than 15 sq.
ft. in area. Any interior door located in a manner that when fully open,
a minimum thirty-two (32) inch clear opening is provided.
Section ROUTES WITHIN A DWELLING UNIT.
Every single-family dwelling shall have an accessible route through the
hallways and passageways of the floor level served by the step free
entrance . Hallways should not be less than forty-two (42) inches in
width. All other passageways, other than doorways shall not be less
than thirty-six (36) inches in width .
II Commegt[iM1>] Asevamk{!ice
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PASSED this _ day of 2007.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER OF THE UNITED
CITY OF YORKVILLE MUNICIPAL CODE
TO ADD A NEW ARTICLE THERETO
SINGLE-FAMILY DWELLINGS
VISIT-ABILITY CODE
WHEREAS, whether due to injury or age, there is a great
likelihood for each of us, at some time in our life, to suffer a temporary
or permanent condition that limits mobility or the ability to perform
daily tasks of living ; and
WHEREAS, visit-ability design provides barrier-free housing for
persons throughout their life and this sustainability in housing ensures
that not only will the home continue to be affordable, but it will also
continue to serve the physical needs of housing family members and
visitors from childhood to senior years ; and
WHEREAS, a home is the single largest financial investment for
most families and the average cost of barrier-free design features
included in new construction is much less than later modification for
accessibility when such features are required, and
WHEREAS, people with disabilities and their immediate families
are often isolated into their own homes because the homes of most of
their acquaintances contain insurmountable barriers, and often
experience difficulty in finding a suitable house to purchase or rent;
and
WHEREAS, an occupant of a home that has barrier-free design
features who becomes disabled, whether temporarily or permanently,
may be able to remain at home and avoid or delay the great expense
and emotional trauma of institutionalization ; and
WHEREAS, the senior population will double in the year 2030
and most of these seniors (85 % ) prefer to remain in their homes
(AARP), and visit-ability design retains elders in the neighborhood to
provide cultural stability and continuity; and
WHEREAS, THE Mayor and City Council believe and hereby
declare that it is in the best interest of the City to establish a Visit-
ability Code, as hereinafter provided :
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS IN THE EXERCISE OF ITS STATUTORY POWERS, AS
FOLLOWS :
Chapter of the Municipal Code of the United City of
Yorkville shall be and is hereby amended to add a new Article _
thereto, which new Article shall hereafter be and read as follows :
ARTICLE _ - VISIT-ABILITY CODE
Section _ - PURPOSE . The purpose of this Article is
to establish minimum regulations for the design , installation and
construction of single-family dwllings by providing reasonable criteria
for visitablity by persons with disabilities .
Section _ - TITLE . This article shall be known as the
Visit-ability Code of the United City of Yorkville and is hereinafter
referred to as the "Visit-ability Code" or "this Code" .
Section _ - VISIT-ABILITY REQUIREMENTS.
Ensure each single- family, dwelling unit contain at least one level that
complies with the following requirements :
Section _ - . STEP FREE ENTRANCE . Every single-
family dwelling and attached single-family dwelling shall be provided
with at least one ( 1 ) step free entrance, accessible from an accessible
route from a parking area or public way. (An accessible route is a
continuous, unobstructed path at least 36 inches wide connecting all
interior and exterior elements and spaces of a house and site including
corridors, parking, curb ramps, crosswalks and sidewalks and served
by a no-step, flat entrance with a beveled threshold of 1 /2 inch or
less . This step free entrance shall be approached by a slope no
greater than 1 in 12 (less steep is desirable) . This entrance can be
approached by a sidewalk, a driveway, a garage floor, or other usable
route . The step free entrance may be located at any entrance of the
home . If the step free entrance is located in the garage, a doorbell
button shall be located outside the overhead garage door. In a case
where a lot is so steep that it cannot be graded to a maximum slope of
1 : 12, the driveway may have to exceed to a 1 : 12 (or) less route
leading from the driveway to the no-step entrance .
EXCEPTIONS: The United City of Yorkville Engineer or his designee
may only grant modifications or an exemption to the requirements of
this Ordinance regarding full compliance with exterior path or travel on
an individual case-by-case basis. The criteria for granting a
modification or exemption are as follows:
(1) (1) The lot rises or falls so steeply from the street than a
maximum 1 : 12 slope cannot be achieved without
extensive grading; and
(2) (2) Determines that such entrance is not feasible based
on water table elevations.
Section _ - . ELECTRICAL WALL SWITCHES. In all
single-family dwellings, wall switches controlling light fixtures and
fans, security system, electrical panel or thermostat shall be located at
a height not to exceed forty eight (48) inches above finished floors.
Height shall be determined by measuring from the finished floor to the
center of the switch .
EXCEPTION: This requirement does not apply where the use of
special equipment dictates otherwise as required by the manufacturer.
Section _ - . ELECTRICAL WALL RECEPTACLES . In
all single-family dwellings all wall receptacles, light switches,
thermostats and environmental controls shall be located at a height
not less than fifteen ( 15) inches above finished floor. Height shall be
determined by measuring from the finished floor to the center of the
receptacle . When the receptacle placement is prohibited by the height
of a window or design feature, an alternate location can be approved
by the Chief Building Official or duly authorized designee .
EXCEPTION: This requirement does not apply where the use of special
equipment dictates otherwise as required by the manufacturer.
Section _ - ELECTRICAL BOX. Electrical box must
be located inside building on the same level as the no step entrance .
Section _ - OUTSIDE ELECTRIC PANELS. An
electrical panel located outside the dwelling unit must be between 18
inches and 42 inches above the ground and served by an accessible
route .
Section _ - WALL REINFORCEMENT. First floor
bathroom walls shall be provided with lateral two-inch x six-inch or
larger wood blocking installed flush with stud engines within wall
framing , to support potential grab bars, if required . Such
reinforcements shall include (aa) two backing reinforcements on the
back all of the bathtub, each at least 24 inches long and not more than
24 inches from the head end wall and not more than 12 inches from
the foot end wall , one in a horizontal position at least 33 inches, but
not more than 36 inches, above the floor, and one 9 inches above the
rim of the bathtub; (bb) one backing reinforcement on the foot end of
the bathtub, at least 24 inches long and located at the front edge of
the bathtub; and, (cc) one backing reinforcement on the head end wall
of the bathtub, at least 12 inches long and located at the front edge of
the bathtub . A pre- manufactured tub and shower surround may be
used which includes grab bar(s) certified to meet the ADA requirement
to bear a 250 pound load . The wood blocking, when measured to the
center, shall be located between thirty-three (33) inches and thirty-six
( 36) inches above the finished floor.
All walls adjacent to the toilet shall have horizontal backing
reinforcements, each at least thirty-three ( 33) inches, but not more
than thirty-six ( 36 inches, above the floor and sufficient to allow for a
twenty-four (24) inch grab bar on the wall behind the toilet and
another forty-two (42) inch grab bar.
If a shower is present in the bathroom, such reinforcements shall
include backing reinforcements on at least two walls on which the
control valve is not located , each at least thirty-three ( 33) inches, but
not more than thirty-six ( 36) inches above the floor. The wood
blocking shall be located in all walls adjacent to a toilet, shower stall or
bathtub. All bathrooms, washrooms and powder rooms shall meet all
applicable requirements of this Code .
Section _ - _. FIRST FLOOR WASHROOM/ POWDER
ROOM . There shall be at least one washroom/powder room ,
containing at least a sink and a toilet located on the dwelling first floor
located closest to grade level . that each allow for parallel or head-on
approach by a person in a wheelchair. This washroom/powder room
shall be designed and constructed in a manner than will provide
wheelchair access to both the water closet and lavatory.
EXCEPTION: If a no step entrance is located at a level other
than the level closest to grade, such as the lower level of a split level
home, and a washroom or powder room that complies with the
requirements of this Code is located on the same level as the no step
entrance, a first floor washroom/powder room shall not be required.
Section _ - WASHROOM / BATHROOM DESIGN . All
washrooms, bathrooms and powder rooms shall meet all applicable
requirements of the Code . It is not essential (although it is
recommended ) to have a large turning radius inside a residential
washroom, bathroom or powder room . In a small washroom,
bathroom or powder room, the wheelchair user can roll in forward and
roll out backward . A minimum thirty-two (32) inch clear path must be
provided to all fixtures and the room must be designed in a manner
that will allow the user to be able to shut the door when using the
room . The bathroom, washroom or powder room door may be hinged
to swing out to provide more room, if the hallway design provides the
proper clearances .
Section _ - ACCESSIBLE HABITABLE SPACE. At
least one indoor room that has an area of not less than 70 square feet
and contains no side or dimension narrower than seven feet.
Section _ - DOORS AND HALLWAYS. All hinged,
sliding, folding exterior and interior doors (deck, patio, balcony) shall
not be less than three (3) feet in width and six (6) feet, eight (8)
inches in height, and shall provide a minimum clear opening of thirty
two (32) inches ( measured from face of door to stop) . All required
exit doors shall be side hinged . The minimum width of a hallway or
exit access shall not be less than forty-two (42) inches, and in no
event shall the width of a hallway be less than required by the 1997
Illinois Accessibility Code .
EXCEPTIONS: Sliding doors, providing that a minimum of thirty-
two (32) inch clear opening is maintained. Interior pocket doors,
providing that a minimum thirty-two (32) inch clear opening is
maintained. Interior doors that do not require passage for access as
determined by the code official, for example, doors to linen closets and
pantries in which the shelves are located immediately inside the door
opening. A door that provides access to a closet of fewer than 15 sq.
ft. in area. Any interior door located in a manner that when fully open,
a minimum thirty-two (32) inch clear opening is provided.
Section _ - ROUTES WITHIN A DWELLING UNIT.
Every single-family dwelling shall have an accessible route through the
hallways and passageways of the floor level served by the step free
entrance . Hallways should not be less than forty-two (42) inches in
width . All other passageways, other than doorways shall not be less
than thirty-six ( 36) inches in width .
This Ordinance shall be in full force and effect after its passage
and approval .
PASSED this day of , 2007 .
1
United City of Yorkville
Draft Vsitability Ordinance
Residential Contractors & Developers Input/Discussion
April 12, 2007
2:00 PM Yorkville City Hall Council Chamber
Attendees: Pavan Peddireddy; Saratoga Homes; Mike Kainz, Wyndam Deerpoint; Craig
Stempowski, Pulte Homes, Scott Muhlbmdt, AMG; Barry Mayworm, Cardinal Homes;
Bob Bean, AMB Custom Homes; Chad Gunderson, AMG; Greg Bolger, Gladstone
Homes; Greg Marker, Marker, Inc.; John McGinley, AMG Homes; Joel Davidson, AMG
Homes•, Lisa Welz, Record News; William Dettmer, City of Yorkville; Travis Miller,
City of Yorkville; Lora Chapman, City of Yorkville
Meeting Summary
A copy of the proposed Visit-Ability Code was handed out to the contractors.
Travis Miller opened the meeting and thanked everyone for attending.
Bill Dettmer than went over each Section of the Code and stated that this Code would
pertain to the first floor of the residence only.
Section 3 — Electrical Wall Switches: The wall switches for light fixtures and fans are to
be located forty-eight (48) inches above the floor. There were no questions or
concerns with this matter.
Section 4 — Electrical Wall Receptacles: All wall receptacles are to be located no less
than fifteen (15) inches from the floor. There were no questions or concerns
regarding this matter.
Section 5 — Step Free Entrance: All single family and attached single family dwellings
shall have at least one step free entrance which shall be approached by a slope no greater
than 1 in 12.
Bob Bean from AMB discussed problems he had with this Section. Since he
builds custom homes, he is concerned with the negative aesthetics this slope requirement
would cause. He further stated that Naperville has a similar code which deals with the
remaining issues except this one since it is not always feasible to do. Mr. Dettmer asked
that Mr. Bean and anyone who may have a problem with this Section, forward a letter to
either Mr. Miller or himself stating these concerns.
Mr. Miller explained the portion in the Code which allows the Public Works
Director and the City Engineer the authority to waive the entrance/no step requirement if
he determines that such entrance would not be feasible.
A contractor stated the percentage of people with wheelchairs actually buy these
homes is extremely low and had concern that regulations designed for a small portion of
the population may have a great impact on the majority of the population.
Barry Mayworm from Cardinal Homes stated that ranch style homes would be
easier to accomplish the accessibility requirements. He also stated that not every
homeowner would want their home to look like a `handicapped' occupied house.
It was also brought up that the proposed Code states in the purpose section that
"reasonable criteria" would be used and this portion of the code is not reasonable.
Mr. Dettmer went on to the other Sections stating they would go back to this section, if
needed.
Section — Wall Reinforcement: Bathroom walls are to be provided with wood blocking
installed to the frame to support grab bars which would be installed 33 — 36 inches above
the floor. There were no questions or concerns with this matter.
Section 7 — First Floor Washroom: There shall be at least one washroom on the dwelling
floor closest to grade level which would be constructed in a manner to allow wheelchair
access. There were no questions or concerns with this section.
Section 8 — Washroom Design: It is recommended to have a large turning radius inside a
residential washroom, bathroom or powder room. A minimum thirty-two inch clear path
must be provided to all fixtures and the room must be designed in a manner that would
allow the user to close the door when using the room.
A contractor asked if this would be decided on an inspection. Mr. Dettmer stated
that this should be documented in the plan review process, not in the field.
Section 9 — Doors and Hallways: All exterior and interior doors shall not be less than
three feet in width and six feet eight inches in height and shall provide a minimum clear
opening of thirty-two inches. All required exit doors shall be side hinged. The minimum i
width of a hallway or exit access shall be not Iess than forty-two inches and in no event
shall the width be less that that required by the 1997 Illinois Accessibility Code.
A short discussion was made on pantries, which is listed under the exceptions.
There were also questions concerning hinged doors and glass doors. It was again stated
that this would apply to the 1 't floor only. Mr. Dettmer told the group that he and Mr.
Miller encourage the contractors/developers to come to the Council meetings concerning
the Visit-Ability Code to discuss these concerns, j
I
It was asked if this Code was Mr. Dettmer's recommendation. Mr. Dettmer
answered that he did review the Bolingbrook and Naperville codes and felt the
Bolingbrook Code made the most sense. There were sections in the Naperville code that
were not practical. He had also asked his staff for comments.
Scott from AMG stated that only a few people would require these types of
changes, so why are we asking that all homes be changed. Mr. Miller explained that the
City Council has asked that this code be evaluated to ensure the City is appropriately
addressing visitability issues in new housing.
Home buyers with custom builders ask for more requirements on how a house
should be built. This would amount to only 1% of home buyers for this market. The
advantage for these types of changes would be for builders who build only one or two
homes. It is harder for a builder who has twenty base homes. A home buyer can ask for
different features.
It was also brought up that the builders will have to compete with the surrounding `
communities. If a home buyer does not like the design of the homes in Yorkville, they
will move to the next community. It is not a "one size fits all". These changes benefit
only 1 % of the population. It was mentioned by Mr. Mayworm that you can modify a
house for the needs of a person with disabilities, but to impose this on everyone is
unreasonable.
A question was asked when this change would be made effective. Mr. Dettmer
believes it would be with all new permits after the Code is passed. A question on
developments with Annexation Agreements was asked and Mr. Miller stated that there
would be administrative authority. We would have to take this into account up front.
A Bolingbrook contractor who has built under the Bolingbrook Visit-Ability Code
discussed the doorways and hallways. He has had to re-work about 100 homes. They
have also had problems with the doors leaking. Mr. Dettmer stated that he is aware that
leaks are a big problem for builders and he knows several builders that have had to deal
with these types of problems.
It was also brought up that several builders have been using master plans. These
would all need to be changed. Mr. Dettmer stated that these sorts of problems should be
brought to the attention of the Council.
Mr. Dettmer than went on to the other sections.
Section 10 — Routes Within a Dwelling Unit: Every dwelling shall have an accessible
route through hallways and passageways of the floor level served by the step free
entrance. Hallways shall not be less than forty-two inches in width. All other
passageways shall be not less than thirty-six inches in width.
Mr. Dettmer stated this would be for the first floor only.
i
I
Scott Muhlbradt asked what was the driving force behind this code. We can
spend money more wisely by putting it elsewhere than for the two people who may want
it.
Mr. Gunderson asked if this code would prohibit sunken rooms on the first floor.
Mr. Dettmer stated that yes, it would and pointed out that he knew that AMG does use a
sunken room design.
A contractor asked about all doors on the first floor being handicapped accessible,
even basement doors. Bob Bean mentioned that this is for "visit-ability" not
accessibility. This should not apply to basement doors. It was also mentioned that 36
inch hallways are fine. They do not believe 42 inches is needed.
Section 11 - Appeals: Any appeals to the Code would be made in writing to the City
Council.
Mr. Dettmer noted that the Naperville or Bolingbrook codes do not have an
appeal process.
Mr. Dettmer asked for any statements.
Mr. Bolger stated that it is tough to design a townhome with an accessible route
for all units. This would be a big impact and a major consideration.
It was asked whether this would apply to projects that have already been approved
by the City. Mr. Miller stated this would have to be looked into.
Scott asked why there was pressure to push this through. Mr. Dettmer stated that
there was no push and that no time periods were in place. Mr. Miller told the group that
this would go to the City Council in May where they would discuss their concerns. There
will be a summary made of this meeting and it was again asked that all concerns be put in
writing to take to the Council. Mr. Miller mentioned that these concerns will be taken
under advisement We are not pushing this through.
It was again asked about previously approved PUDs or as part of the Annexation
Agreement provisions. Mr. Miller stated that each annexation agreement is different
We will have to go back and look at each agreement to make sure we do not go against
what the City has already agreed to.
In Summary:
The biggest concern is with Section 5.
Section #10 — Visitability vs. Accessibility code — wider doors and hallways.
Mr. Mayworm mentioned that he worked on the Appearance Code when that was
proposed and the City is willing to listen to these concerns. The problem with Section 5
is esthetics and costs.
Mr. Dettmer stated that they do want everyone's input in this matter and thanked
Mr. Mayworm for mentioning the work that was done on the Appearance Code and the
changes that were made due to the recommendations of the builders.
Mr. Miller thanked everyone for attending and for their time. He further stated that he
would be sending out a summary of the meeting and will let everyone know when the
next council meeting will be to discuss the proposed code.
I ,
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j
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May 4, 2007
i
By Hand
Travis Miller
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Proposed Visitability Code
Dear Travis:
As you are aware, we recently attended a presentation by Yorkville City Administration regarding
a proposed Visitability Code. At the close of the meeting , attending Builders were encouraged to
follow up with written comments. This letter outlines our comments on those specific proposals.
I
Section 3. Electrical Wall Switches
i
The 48 inch requirement is not unreasonable.
Section 4. Wall Electrical Receptacles
The minimum 15 inch height is not a significant issue. However, raising the outlets to a more
visible level is not aesthetically pleasing to the eye. Is this a visitability or a livability issue?
I
1
Section 5. Step Free Entrance
This is an extremely onerous requirement. It is difficult to meet this requirement with our current
I
lot and driveway slope requirements at Prairie Meadows. Placement of a ramp in the garage
would require a complete redesign of all our home plans to accomodate the ramp and a two or three
car garage. This provision is extremely costly and would, in most cases, be aesthetically undesirable.
The comment by the Pulte representative that attempts to mitigate the aesthetic problems and
financial hardships in Bolingbrook by changing the first floor deck construction techniques was
disheartening. However, it should not surprise anyone that notching the top of foundation of an
entire basement could result in significant increases in cracks, water leaks and basement seepage.
Section 6. Wall Reinforcement
This requirement does not seem unreasonable on its face, however, it is somewhat ambiguous
and raises the following questions. Does it apply to one grade level bathroom, all grade level bath-
rooms or all bathrooms? Is this provision addressing visitability or livability?
phone: 630.553.1361 0 fax: 630.553.3726 a 2201 Meadowview Lane, Yorkville, Illinois 60560
2.
Section 7. First Floor Washroom/Powder Room
This provision is very unclear. Please explain what the meaning of the following sentence
that states "This Washroom/powder room shall be designed and constructed in a manner that will
provide wheelchair access to both the water closet and lavatory." Does this imply a certain turning
radius? Does it imply a high rise handicap accessable toilet and a handicap accessable sink?
Does it imply installation of handicap grab bars?
Section 8. Washroom/Bathroom Design
Does this provision apply to all washroom, powder room, and bathrooms or just those on the
first floor? Again, the language used is quite ambiguous. The use of requisite minimum dimensions
would be helpful in determining what is being required here.
Section 9. Halls and Doorways
We assume that based on staff comments these provisions only apply to the first floor. Basement
pantry, and sliding doors are exceptions to the general rules.
Section 10. Routes within a Dwelling Unit
We assume that based on staff comments these provisions only apply to the first floor. We would
like the provision to be amended to provide that a single sunken room on the first floor is permissible
as long as it does not block wheelchair access any other room on the first floor.
Thank you for the opportunity to comment on the proposed Vsitability Code. As we have likely
made clear in our two comment letters, we are not fans of the code provisions in general. While
the goal of assisting disabled homebuyers is commendable, we believe the choice of the
"Bolingbrook" Code provisions is not In our opinion, if Yorkville is to adopt a code, the community
would be far better off to adopt the current Naperville code. We would further suggest that
implentation of the code provisions be made at a pace that allows developers and homebuilders
the time to make the investments necessary to design, build and market these communities in the
competitive marketplace.
Sincerely,
tU4�k ��_
Chad Gunderson
AMG Homes
a
May 4, 2007
i
By Hand
Travis Miller
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Proposed Visitability Code
Dear Travis:
As you are aware, we recently attended a presentation by Yorkville City Administration regarding
a proposed Visitability Code. At the close of the meeting, attending Builders were encouraged to
follow up with written comments.
At the April 12th meeting, the bulk of the time was spent discussing the specific provisions of the
proposal. Our comments on the the individual provisions are addressed in a second enclosed letter,
but we believe that a discussion of the broader issue of the overall impact of passing this Ordinance
is warranted. More specifically, we have compiled a list of questions which we believe should be
answered before enacting this broad based, costly legislation.
1 . Our limited research indicates that similar legislation has only been passed in a handful of
communities in the entire United States. This begs the question of whether, upon arduous research
and reflection, the benefits of of such an expansive ordinance outweigh its cost?
As evidenced below, we are very concerned that the City may be "rushing to judgement" on this
proposal without carefully weighing the cost/benefits of its enactment. It is commendable that
the City is considering provisions to make day to day living better for the disabled. This is an
admirable goal. The question then becomes is the "Bolingbrook" visitabililty building code provision
the correct answer. We do not believe it is. Based upon current practice, the vast majority of
American cities, towns and villages do not believe it is either.
2. Our limited research further indicates that two Illinois communities have enacted visitability codes.
We understand that Bolingbrook's ordinance is virtually identical to the current Yorkville proposal
and Naperville's was similar except that, after enactment, Naperville scaled back its ordinance to omit
several of the provisions including the "step free entrance" provisions. The two communities
experiences should provide a wealth of information on the cost/benefits of the proposal. What has
been the impact on the two communities? Has the pace of building permits slowed as a result of the
enactment? Why did Naperville dramatically scale back its provisions? How did Custom Builders
conform to the new rules? How did Tract Builders conform to the rules? Did the resulting building
practices reveal any new challenges or owner complaints?
phone : 630.553.1961 0 fax: 630.553.3726 $ 2201 Meadowview Lane, Yorkville, Illinois 60560
2.
We do not know the answer to the above questions. However, there are likely government
representatives, staff, builders and developers that could be consulted and would provide helpful
information. One could speculate that buyers of large, expensive custom homes, as are prevalent
in Naperville, balked at buying homes outfitted with ramps which did not meet their definition of being
aesthetically pleasing. This possibly caused Naperville to scale back its provisions. Bolingbrook,
on the other hand, has significantly more tract homes and may not have experienced the same
buyer backlash.
3. The stated purpose of the Bolingbrook visitability code is to design and construct homes to
provide reasonable visitability for persons with disabilities. However, a fairer reading of the
proposed provisions, taken as a whole, is that it addresses livability and accessibility solely for
persons restricted to a wheelchair. What percentage of the population is this ordinance addressing?
Is it necessary and/or reasonable to increase the cost and arguably reduce the aesthetics of every
new home in Yorkville to provide a reasonable share of housing stock for this small percentage of
population?
Again, we don't have the answer but believe the question should be asked. Would it be more
effective, cost efficient and desirable to enact a Subdivision Ordinance that sets aside a percentage
of lots which must be reserved for building homes which meet the requisite criteria? Is it a better
solution to zone and promote assisted living housing and/or more senior housing to address the
underlying issue? It seems to us that increasing the cost and possibly reducing the marketability
of every new home in Yorkville may be a bit drastic if the real purpose of the ordinance is to supply
an adequate housing stock for persons confined to a wheelchair.
4. What is the anticipated cost increase attributable to the proposal? How do these changes affect
the value of a new home?
The only information we have on increased cost estimates was provided in a dated Bolingbrook
memorandum estimating the increased total increased cost of be $2,911 . We find this figure hard to
believe. it is probably only achieveabie in tract home subdivisions platted, engineered and graded
to allow lower foundations than those in Yorkville's existing Subdivisions. We would further speculate
that the cost estimate utlilizes somewhat questionable building techniques such as 5" top of foundations
(significant increase in water leaks and seepage) and use of low quality home building materials.
We do not believe that this ordinance should be passed without a ground up, defensible calculation
of the increased cost by City of Yorkville with supporting documentation of the underlying building
assumptions.
The more significant question is how do the changes impact the value of a new home in Yorkville.
We would speculate that the majority of homebuyers would not only attribute no value to the
increased cost of construction but would, in all likelyhood, discount the amount they would be willing
to pay for a home that may not be perceived as being aesthetically pleasing. We have no idea
as to the amount of this discount but it could be dramatic in a community at the edge of growth. Any
significant reduction in the value of the new home market in Yorkville may, in turn, cause a substantial
market overhang thus lowering, or retarding the growth, in the value of the entire Yorkville market.
3.
5. We have not received any information as to how the City intends to implement the proposed
Visitability code. Is it to apply only to future annexations? is the City planning on imposing the new
rules on all building permits issued at some future date?
We would strongly urge that the passage of the visitability code apply only to future annexations,
Application of building code changes of this magnitude should not be applied retroactively to
communities that were not designed, platted, engineered or graded to anticipate construction
of homes meeting the step free entrance standards. The City Counsel should work closely with its
engineering department to set subdivision street grades, curb heights, water drainage systems, lot
widths and slopes, and side, front and rear building setbacks best suited to accomodate
handicapped accessable residences. Homebuilders in existing subdivisions have significant
investments in architectural plans, model homes, marketing literature and building know-how which
are not geared to selling homes incorporating these Visitability requirements. Substantial
time and investment will be needed to design, build and market such homes if we are to expect any
success in the competitive marketplace.
Thank you in advance for considering our thoughts on these matters. If you have any further
questions regarding our notations, please do not hesitate to contact us.
Sincerely,
t
Chad Gunderson
AMG Homes
i
John P. Shanahan
• 1142 Grace Drive • Yorkville, IL 60560 • JPS337 @comcast.net • 630.553.0990 . 630.853.8111
14 May 2007
Mr. Travis Miller
Community Development Director
800 Came Farm Road
Yorkville, IL 60560
CC: Mr. William Dettmer, Chief Building Inspector; Ms, Valerie Burd, Mayor;
distinguished City Council members
Mr. Miller:
My name is John Shanahan and I have been building in Naperville, IL since 1986 and in
Yorkville since 2003. As an established custom builder who has experience working with
disabled and handicapped individuals, I am encouraged to express my thoughts on the
proposed visitability code that may be adopted in Yorkville.
While attending college, I was the Volunteer Director of a recreational program for the
handicapped. After college, I worked as the Job Placement Director for Little Friends in
Naperville. I have also accomplished major renovations and remodeling projects for the
handicapped as a builder; I incorporated Universal Design for accessibility by using the
North Carolina State design files. I am very interested in Universal Design and know that
there will be a growing need in the future. Because of my work with handicapped
individuals, I have a tremendous amount of compassion for making their day-to-day lives
as barrier-free as possible.
That being said, I am concerned that the builders' input that I read in the Record does not
truly address the real issues. Switch heights do not personally affect the occasional
visitors, but are an issue for habitability. It is not likely that an occasional visitor takes it
upon oneself to turn on and off lights at a home that is not their own.
As for the implementation of ramps to be incorporated in all homes, the design factors
with various plans and grading would impose severe problems. However without a 1/12
ramp and proper threshold, access cannot be gained without assistance to individuals in
wheelchairs. With or without a ramp, there may need to be some assistance when visiting
an unfamiliar home.
The downstairs bath is another issue. Design guidelines call for a 5' turning radius and a
32" clear door path in the downstairs bath for wheel chaired persons. Perhaps there can
be a compromise on an area smaller than the five feet; maybe a full turning radius isn't
necessary for visitability. The goal should be for the downstairs powder room area to be
independently accessible. Therefore, the most pressing issue when it comes to visitability
is one's access and ability to use the bathroom or powder room. It is true that the
downstairs additional bath floor space requirement may add expense to home cost
depending on the original floor plan, if additional square footage is required. Visitability
can never address anything more than what is intended. Each individual has specific
needs.
Although Universal Design goes a long way to make for a barrier-free environment, it
still does not address the specific needs of a handicapped individual. This is also the case
with visitability. Each handicapped individual has his or her own needs that are unique to
them. Not all handicapped individuals will be assisted by these universal stipulations.
Homes really need to be built specifically for handicapped persons in order for life to be
truly barrier-free.
Visitability is a difficult issue. I hope that the city council is not proposing this to be
politically correct as some municipalities have done without really making it work for the
handicapped individuals. If visitability is an important issue, it should really address the
concerns of the handicapped individual. If the purpose is to make these future homes
more able for visitation, we should get some input from the handicapped. Also, what is
feasible economically and what compromises can we each make?
I understand that handicapped individuals should be able to get as much dignity in their
lives as possible. With that in mind, perhaps the bath access is really the best way to
provide visitability. If the City Council votes to move forward on this issue, I would
suggest that a simple study be done to find out the important issues. I have some contacts
at the Rehabilitation Institute of Chicago and other handicapped organizations around
Chicago that would provide the Council with accurate, usable data on this issue.
Sincerely,
Iohn P. Shanahan
Shanahan Homes
Access Homes
CC: Mr. William Dettmer, Chief Building Inspector; Ms. Valerie Burd, Mayor;
distinguished City Council members
AMERICAN PLANNING ASSOCIATION April zoob
® ISSUE NUMBER FOUR
UNIVERSAL DESIGN
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By/ennifer S. Evans-Cowley, AICP
According to the 2000 U . S , Census, 20 percent of the American population reported
some type of disability.
I
Of those over the age of 65, 28 percent have buildings and products that promote equal Visihbility is another term associated
a physical disability. As the baby boomers opportunity for use by individuals, whether with universal design. Visitability is a move-
age, these figures will increase. As builders or not they have a disability. The Center for ment to change construction standards =_o
seek to accommodate them, the idea of con- Universal Design, located in the College of that new housing is designed to allow people
structing homes so that people can age in Design at North Carolina State University, with mobility impairments to live in the units
place is growing in popularity. Planners gen- lists seven principles: and visit others. The key features of visitabil-
erally like the idea of aging in place, but only , Equitable use ity include wide doorways, at least a half
a handful of cities are actively using their bath on the main floor, accessible placement
development codes to mandate universal 2. Flexibility in use of electrical controls, and at least one zero-
design and visitability. 8. Simple and Intuitive step entrance to a building. Visitability does
not ensure complete access in a home, but it
VIN,AT 151 IMPIFIRSAL KSIGN AND 4. Perceptible information ensures that public spaces, such as the
V61 I:A61LIlY' 5. Tolerance for error entrance, hallways, and bathroom are acces-
The terms universal design and visitability sible to someone in a wheelchair. This mini.
6. Low physical effort mat level of accessibility allows for person
are unfamiliar to many planners. Universal Y P
design is the design and production of 7. Size and space for approach and use with a disability to access a home, even if
that person does not live there, and allows a
non-disabled person to continue residing in
a home in the event that the person devel-
ops a disability.
The Americans with Disabilities Act
requires that buildings be accessible to those
with disabilities. Planners have incorporated
its requirements into zoning codes, such as a
FFF
specific number of parking spaces to be
Ma,V reserved for those with disabilities. This has
_ ,- 3s �'y 1�a typically meant that a ramp was added on the
_
- c P s side of building or an elevator was tucked
into a corner. However, those zoning require-
g , r3v. 'fir ments have not been extended to apply to sin-
r` gle-family homes Universal design promotes
the idea of creating places that are designed
for everyone to access, ratherthan being
e 'F n "'y`"1 retrofitted for accessibility. Some examples
include providing no-step ground entryways
E it
(to assist those in wheelchairs) with textured
surface (to assist the blind), and providing
0 0 wide interior doors and hallways, bright light-
at mg, handles with a lever rather than a twisting
knob, and light controls operated with large
ZONINCPPACTICE 4.06
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z Auburn, New York (2005) The ordinance applies to all single-fam. building codes, see the October 2002 issue of
fly and duplex homes built in a group of Zoning News. "Visitability Issues Drive
a. Scranton, Pennsylvania (2005) seven or more units and requires a step free Building Code Changes.")
o: Toledo, Ohio (2n05) entrance, wider interior doors on the ground
floor level, wider hallways, and accessible ZONING FOQ ONIV3III.A1 Oft I6N IN
Most of the ordinances are restricted to first-floor bathrooms for a minimum of t5 i1CAVARD COHN V, MAIRYLAINo
publicly funded housing projects. However, percent of the units built. An additional i5 The last decade produced many changes in
the legislation in Pima County and percent of the homes constructed must pro. local building codes. However, zoning codes
Bolingbrook requires all new houses to be vide a step-free entrance, a maximum slope can also play a role in promoting universal
built with visitability standards. Bolingbrook of a:cz, and an entrance door at least 32 design. Howard County, Maryland, requires
worked with developers to promote the ordl inches in width. The city has also developed universal design features to be fncoi pora;ed
nonce. The city found that the average price a fee-in-lieu of visitability. The developer in age-restricted adult housing units through
increase per home would be no more than 1.5 must pay $2,500 for each unbuilt visitable its zoning ordinance,
The county's General Plan 2000 ind!-
-,� Gated Thal, over the next 25 years, the
itt % 'iy� iPy v t z `yc ty T county's population over the age of 55 "old
' Increase from rq percent to 31 peicen't of the
total population, or 46,000 people. This will
[; rs� x:x`"r,•rl M 'a^r,�f "TV �'" ,3 :•eta ' result In significant changes in the county's
housing needs as more residents age In place
or decide to "downsize" to reduce their home
ownership burdens and as larger numbers of
Pf IF
r'IF c s a older aduts move into the County to be closer
10 their faimli¢s. The plan identified three
goals related to housing for seniors:
`" z` -- � ra Provide housing for older adults within sta.
ble and attractive communities through
maintenance, renovation, and modification
of existing homes;
Produce new housing that meets the needs
of older adults while not detracting from
the existing neighborhoods; and
c Provide affu rlabfe and diverse housing to
F •r meet the needs of low- and moderate-
. income seniors.
s WI r• n In an effort to meet these goals, the county
- - ^ a -° - council directed the Department of Planning and
Zoning to work with the departments of Housing
percent. According to researchers Claar and home and $so,000 if the model home is not and Community Development; Inspections,
Bowen (see Resources box), this reduced the visitable. The funds will be used to provide Licenses and Permits; Citizen Services; and the
fears of the local homebuilders. financial assistance to people seeking assis- Commission on Aging to develop a Seniors
Arvada, Colorado, v4hich adopted a vis- tance in making existing housing stock vis- Housing Master Plan, which was completed in
itabilily ordinance in 2005, recognized a Chang itable. Arvada's goal is to have 30 percent of December 2004. A countywide surrey found that
ing demographic in the community. The all new homes in Arvada built to incorporate 70 percent of older residents want to remain in
Comprehensive Plan for the City of Arvada visitability principles, their homes or nearby.
specifically mentions universal design. As part For the most part, builders have The county planning department created
of the objectives the plan states, "The city will accepted these new regulations, but Pima a committee to decide which universal design
explore how to include universal design piincf- County was sued twice by the National features should be required. The county
pies in new development projects." Assistant Association of Home Builders and the Pima wanted to balance affordability and adaptabii-
city manager Vicki Reter says, "People like to County Home Builders Association, once on fly. Howard County recognized that housing
live in Arvada, and we want to build so people the local and once on the federal level. The costs were already high and wanted to deter-
can age in place and not have to move for city's ordinance was upheld in both cases. mine whlch universal design features have the
accommodations." (for more information on universal design in highest cost/henefft ratio.
ZONINGPRAC1IC6 4.06
AMERICAN PLANttING ItooQATION I PI
01vUERSAL D°`S IGN FEN[ h'Did SR-I to'iI k C I II" Hr'WAED C' _ t1iJ1Y, MARYLAND lively expensive to retrofit In the future are
I \ �. v O
- ---- - -- — __ - -- - classified as desirable or optional.
Ic ncd t$ri cola(
_ - ---- - Developers of senior housing Found
Accessible path between Security system and visual the universal design guidelines helpful in
Parking and the dwelling units Visual smoke detectors identification of visitors creating new housing projects- The county
for apartments __ plans to strengthen the mtiversol design
All common areas must meet Smooth vertical transitions Handrails on both sides guidelines as the market demands more
features. The county recognizes that new
ADA standards for apartments between rooms of all 'stairs .. construction will be relatively limited com
No step entrance to Maneuve ing space at pared to the 97,000 existing housing units
community buildings and all entrance, between main Irving Grab bars in bathrooms and that there is still a need to retrofit and
dwellings
areas, and in front of renovate older homes.
appliances As a step toward more housing with Will
versal design features, the county is educat-
Front door must be 36 inches ing residents, real estate agents, and remod
wide with exterior lighting of Low-maintenance exterior Curhless shower elers about using universal design features to j
the entrance materials
renovate existing homes. They are also edu-
All interior doorways at least Covered main entry Multilevel or adjustable eating residents and homebuilders about the
32 inches in width ld chen counters value of visitability in all new residernial
- --- - - - - -
construction.
Lever handles and anti-scald The comity is also working to educate
Hallways at least 36 inches in devices on all plumbing Pull-out shelves in
kitchen base cabinets
residents about universal design features and
width fixtures the likelihood that they will be disabled in the
-- - - --- Future. The county recognized that many
Complete first floor living area adults over 55 don't perceive themselves as
with master bedroom and bath S ip-resistant flooring Hand-held showerhead seniors that need universal design Features or
(or elevator if multistory that their needs will change over lime.
apartment) Education will be critical in helping ensure
Task lighting in kitchen. that adults demand features that will allow j
Lever handles on interior and Five-foot turning radius or bath, and utherwodc them to age in place.
exterior doors tunl in kitchen and bath areas
- - Howard County was able to success-
- - ----- - - _ Fully implement the county's General Plan
structural blocking for grab Switches, doorbells, thermo- by creating a Seniors Housing Master Plan
bars in bathroom walls near stats, and brealeer boxes no Lighting in closets and and amending the zoning ordinance. The
more than 45 inches above pantries
toile[ and shower result is that new housing specifically
the floor
designed For seniors will incorporate univer-
Electrical receptacles at least Adjustable closet rods sal design and visitability principles.
-iii Inches above the floor and shelving seniors in Howard County will be able to
age in place more easily.
Ih The county created the R-SI Dist] As part of the R SI zoning district ZONING FUR LINIVER`AL DESIGN IN
r
II lResidential: SeniordrisUlutional). This dis- requirements, developments must incorpo- OTHER LOCATIONS
trict allows age-restricted adult housing and rate universal design features from the Andres Duany's SmartCode incorporates via-
other uses such as health care facilities, guidelines of the Department of Planning liability standards. The SmartCode requires a
l nursing homes, religious uses, day treat and Zoning, which identify required, recom- zero-step entrance from an accessible path at
d, and optional features. "Plan sub. the front, side, or rear of each building; a
ment facilities, and government uses. The mende ll
district requires that at least to percent of mittals must include descriptions of the interior doors to be at least 32 inches in widtlt i
the dwelling units be for moderate-in come design features of the proposed dwellings to and there must be a bathroom on the main
persons. In addition, the county created a demonstrate their appropriateness for the floor of each building. Sarasota, Florida, has
PSC (Planned Senior Community) District age restricted population," the guidelines adopted the SmartCode,
that allows age-restricted housing, a sat s-led say. Before passing a zoning ordinance that
living facilities, and nursing homes. The dis- Howard County chose to require features requires modifications to the building code, a
trict allows a density of eight units per acre that are critical and relatively inexpensive as community should review state legislation
o» sites that can accommodate at least 50 part of initial construction, but which would related to the building code. If your state has
units. be costly to retrofit. Features that are vela- a uniform dwelling code, this may prevent
ZONINGPRACTICE 4.06
AMERICAN KMNING ASSOCIATION I g1W 5
municipalities from creating and enforcing useful information on the principles of universal design and links to area builders who integrate
stricter standards for buildings except in car. design and sample ordinances from across the universal design into housing construction.
tain situations. Some states prohibit any United States. Another source for helpful infor- Before drafting an amendment to the
changes to building codes atthe local level, mation about universal design is the Universal building or zoningcode, planners should
while others prohibit reducing code require- Design Handbook (see Resources). Include housing for seniors as part of the
ments below standards set by the state. For There are a variety always in which plan- housing element of their community's com-
example, New York, California, and Wisconsin ners can become engaged in promoting univer- prehensive plan. This should then translate
all have uniformity clauses in their building sal design and visitability principles. Baltimore into requirements in the zoning ordinance.
code requirements that prohibit cities from County, Maryland, developed a brochure, "Your Howard County illustrates how goals related
making any changes. in California, disability New or Remodeled Home Becomes Visitable to senior housing can be translated success-
advocates are working to create state-level When You Choose These Top to Options." The Fully into zoning requirements. After the plan
enabling legislation that would allow local city of Irvine, California, developed a web page and ordinance are in place, it is important to
governments to enact visitability laws. that provides information about universal evaluate the success of the ordinance.
It Is important to determine if a visitabit-
try ordinance is a planning ordinance or a 9
building ordinance. One could reasonably
argue that visitability ordinances are planning
ordinances, not building codes. Planning ordi- Websites
nances routinely deal with the interior of Center for Universal Design: www.design.ncsu.edu)cud
homes, including height, materials, number Concrete Change: www.concretechange.org
of bedrooms, and house size. If the code
requirements are placed in the zoning ordi- State-level building codes: www.firstsourceonl.com
nance, as in the case of Howard County, then
it is clearly a planning ordinance. If it is other Resources
viewed as a planning ordinance, then the City of Arvada, Colorado. zoos. Chapter XI, Vi sitability Municipal Code.
state4evel building codes are irrelevant as www.municode.com/resources/gateway.asp?sid=6Spid=10370.
long as the visitability requirements exceed
City of Arvada, Colorado. zoos, Arvada Comprehensive Plan, www.arvada.org/
the state building code requirements.
community/plan.php
Planners have a variety of other options to
.
incorporate visitability into the zoning code. For Casselman, Joel, Winter 2004. "Visit ability: A New Direction for Changing Demographics."
example, the zoning code could include density Practicing Planner.
or other development bonuses to developers Claar, Roger C., and lames S. Bowen. January zoos. "Visitability: The Way of the Future in
who incorporate visitability principles. Another Home Building." Illinois Municipal Review.
option is to require an impact Fee for accessibil- Howard County, Maryland. 2004. Seniors Housing Master Plan.
ity, similar to the method used by Howard www.co.ho.md.us/DPZ/DPZDocs/SHMPWebVeFsiunO'2805.pdf.
County. Howard County, Maryland. 2004- Section 113.2 R-SI Zoning Regulations.
www.co.ho.ind.u5/DPZ/DPZDocs/ZoningRegIO0zo5.pdf.
CONCLUSIOtJ
While a number of communities have passed City of Irvine, California. zoos. Universal Design Program.
legislation, planners are still largely unaware www.ci.irvme.ca.us/depts/cd/buildingsafety/accessibility_universal_design.asp.
of the concepts of visitability. Planners need Praiser, Wolfgang, and Elaine Ostroff. toot. Universal Design Handbook. New York:
to increase their knowledge of disability McGraw-Hill.
issues. If visitability and other forms of access SmartCode. 2005. SmartCode Version 7.o. www.dpz.com/pdf/SmartCadeV7.0-6-o6- i
legislation are to be effective, planners and o5.pdf. l
other design professionals must be aware of
U.S. Census. 2000. Characteristics of the Civilian Norimstitutionalized Population by Age,
the problems that people with disabilities
Disability Status, and Type of Disability. www.census.gov/prod/2005pubs/
face in accessing the built environment.
censr-23.pdf.
Concrete Change, an international associ.
ation that promotes visitability Forthe disabled,
University of Buffalo. 2004. RERC on Universal Design at Buffalo.
is actively mobilizing supportforbasic accessi- www.ap.buffato.edu/idea/Visitability. i
i
bilityto dwelling units. Theirwebsite provides ---- --- — — "-
ZONINGPRAC'f10E 4.06
AMERICAN PIANNING ASSOCIATION [ page 6
thevicinity of the urban growth boundary near on-site signs (which don't require a permit
NEWSBRIEFS Portland. While only 13 percent of claimants or fee) and off-site signs for which a permit
MEASURE 37 UPHELD IN OREGON; wanted to build a single-family house on their and fee are required. Outdoor Media
BILLBOARDS LAW OVERTURNED property, 36 percent sought approval to sub- Dimensions, Inc. v. Department of
By Cora A. Lucero, AICP divide in order to build multiple houses, Transportation, 20n6 WI- _ (Ore. 2006),
What does this mean for Oregon? As Ed The example the court noted was "a gas sta-
Measure 37, the initiative that requires gov- Sullivan explains in the April issue of Planning tion visible from a highway may, without a
ernment to pay property owners if a land-use & Environmental Law. permit, carry the message 'Gas for Sale,' but
regulation reduces their property value, is Oregon's land-use planning program still is it may not carry the message 'Cat at Joe's:
alive and well in Oregon. On February zt, the a national leader. Measure 37 is the anti- to Miles Ahead."' The court struck the per-
Oregon Supreme Court reversed the Marion thesis of that program. Nevertheless, the mit and fee requirement for outdoor adver-
County Circuit Court judge who had ruled last two now coexist. Oregon's experience in rising Signs, rather than declare the entire
j October that Measure 37 was unconstitu- dealingwith Measure 37will also be an OMIA invalid, Oregon legislators must now
r example for the rest of the nation. With the o bade to the drawing board and refashion
tional. For five months, planners and other crisis presented by Measure 37 will evolve g g
opponents of Measure 37 hoped that this a more resourceful response, one that will the state's billboard regulations 0r risk los-
j reckless assault on the state's rational plan. likely be more accommodating to the varl- ing federal funds through the Highway
ning system would ultimately fail. ous regions and populations of the State. Beautification Act.
Land-use regulations, such as zoning It is unlikely that the Measure will be com- Lora A. Lucero, A¢P, is editor of Planning &
and subdivision controls, are the focus of pletely repealed, lust as it Is unlikely that Environmental Law, andstaffliaison to APA's
Measure 37 claims. Although they are impor- the state's planning program will be amicus curiae committee.
taut tools for implementing the community' repealed. Out of the clash of thesis and
s
'
antithesis will come a synthesis that will
plans, voters in 2004 lost sight of the commu- reconcile these seeming opposites. The
nity's interest and were swept up in the fervor future of planning lies in this synthesis. _
. r =
Property otiAmers \Nno acquired their property F
betore the adoption of a land - (.) se regulation
may assert a dairn Flgainst the government it
they believe the re_- g nation has reduced the Pr SS
v. I'r,nn>• ut , th.y irr Ir . ,. u,;value of of their owerty.
•.., ar•�:U.Ibtr. hvr i, : IC!; 1 Ord `_ ;; fiopsi;!.rE !Sr
of the private "property rights" campaign to A number of states are following „l:,l,r 1. I,r,.., f„r if t: .w;;,cir
pass the Measure. Now property owners who Oregon's unfortunate example. A Measure Z011ino Prcctice asset 1518 0131') is producen at
acquired their property before the adoption of 37 clone, the Property Fairness Initiative, APA. Jim ;r;!wab, At-P, Erlimn Mirhael Davidson,
a land-use regulation may assert a claim will be on the ballot this November in Goad Edhor; inlie von Bergen, Assistant Edltelt
against the government if they believe the reg- Washington. Planners in Georgia are work- Lisa Brolun. Design ;md Produclimr.
ulation has reduced the value of their prop- ing to keep a similar measure from passing Copyright Ue 0 o 6 by American Planning
erty. The government will be required to pay or the legislature in that state. And most A>Snrlannrb Ir, a 'S. klicillon Ave., spur- Icon,
waive the application of the regulation. The recently, a petition was filed to put a Chicago, it 6u6o3. The American Nanning
trial court thought this provision amounted to Measure 37 clone on the ballot in a borough Ass o ua 11 u also h.15 afficPS at 1i 16
a requirement that government "pay to gov. in Alaska. Zoning Practice subscribers fvfassachuselts Ave, N.W., rVash run toll, D.C.
ern” or refrain from enforcing the land-use should keep their cursor pointed to APA's zoo76; voww.planr.ing.aor;.
regulation. The state supreme court disagreed. website where we will track legislative, All rights reserved. No pad of this publication
APA and its Oregon chapter filed an am!- legal, and electoral developments with such may be, reproduced or ;uilDed in any form or by
cus brief to share with the court a short sum, measures. any n+eans, electronic or mechanical, including
mary of the history of land-use planning in On March 23, the Oregon Supreme photocopying, recording, or by any infounetion
Oregon and describe how it has changed after Court declared the state's billboard regula- suuaee and mtrieval sysmm, without permission
one year of processing claims and granting lions violate Article I, Section 8, of the state in wilting from the American Planning
waivers. The Department of Land Conservation constitution because the Oregon Motorist Association.
and Development found that an overwhelming Information Act toes 377.700 to 377-840 and I`rlNa'I nn Ivkx6 s1 J'-gm+, Inc Inclm*.' 't /n%
number of Measure 37 claims have come from 377.992 (1999)1 distinguishes between reryciad frt"r a;,d llr+l 'rnn :+orw' a'''s"
ZONINGPRACTICE 4,06
AMERICAN PU1n INa ASSOCIAnON I P09C 7
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Reviewed By: Agenda Item Number
J� T Legal ❑
ET.
Finance F]S lass
Engineer El
City Administrator F1 Tracking Number
Consultant ❑
<<E ��'� ❑
Agenda Item Summary Memo
Title: Whispering Meadows Park Construction Bid Results
Meeting and Date: COW July 10, 2007
Synopsis: Bid tabulation and recommendation for the construction of Whispering
Meadows Park
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: Award contract to L. J. Dodd for the construction of
Whispering Meadows Park.
Submitted by: Dave Mogle, Director of Parks and Recreation
Name Department
Agenda Item Notes:
See attached memo
co,� United City of Yorkville Memo
o " 800 Game Farm Road
EST. .1836 Yorkville, Illinois 60560
-� Telephone: 630-553 -4350
14 rl
Fax: 630-553 -7575
9 IN O
<<E
Date: July 5, 2007
To: City Council
From: Dave Mogle, Director of Parks and Recreation
CC:
Subject: Whispering Meadows Park Construction Bid Results
Four (4) contractors returned bids that were publicly opened on June 6, 2007 for the construction
of Whispering Meadows Park, the City's 2005 Open Space and Land Acquisition Development
Grant (OSLAD) project. This is a 50% matching grant through the Illinois Department of Natural
Resources. The funds for this project are in the FY07/08 Land Cash Budget.
The results are as follows:
CONTRACTOR BASE BID TOTAL ADD ALT. TOTAL GRAND TOTAL
L. J. Dodd $1905062.60 $435,417.40 $625,480.00
Kenneth Co. $287,943.60 $431 ,607.00 $719,550.60
Team REIL $331,376.30 $402,280.00 $733,856.30
MM Burke $356,315.00 $435,417.40 $630,516.80
L. J. Dodd was the low bidder for the project on both the base bid and the total bid (includes Add
Alts.)
Staff has since recommended that the BMX track be constructed with other means since it was
considerably higher than the original budget calculations. It was listed as an Add. Alt. and can be
removed from the awarded contract. The totals for each contractor's base bid and all other
alternates (not including the BMX track) are as follows:
CONTRACTOR TOTAL
L. J. Dodd $3335880.00
Kenneth Co. $4845350.60
Team REIL $523,856.30
MM Burke $560,516.80
RECOMMENDATION
Staff recommends awarding a contract to L. J. Dodd for the construction of Whispering Meadows
Park in the amount of $333,880.00.
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`,(ED C//y Reviewed By: Agenda Item Number
J� ® Legal ❑ K t�� o?
Finance ❑
ESL 1836 Engineer El Tracking Number
< y City Administrator ❑
Consultant ❑❑ WbD c�X_4 — 17
Agenda Item Summary Memo
Title: Hiding Spot Park Equipment Purchase
Meeting and Date: COW July 10, 2007
Synopsis: Purchase of new play equipment for Hiding Spot Park
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: Approval of RFP submitted by GameTime, Inc.
Submitted by: Dave Mogle,Director of Parks and Recreation
Name Department
Agenda Item Notes:
See attached material
I P United City of Yorkville Memo
800 Game Farm Road
EST. ... .....;.,: 1836 Yorkville, Illinois 60560
-� Telephone: 630-553-4350
0;p Fax: 630-553-7575
Date: July 5, 2007
To: City Council
From: Dave Mogle, Director of Parks and Recreation
CC:
Subject: Hiding Spot Equipment Purchase
On March 1 , 2007 seven (7) Request for Proposals for the renovation of the playground at Hiding
Spot Park were received from five (5) different playground equipment manufacturers. The theme:.
of the new playground will be "music." The results were as follows:
Company Price
Park and Recreation Supply $37,354.00 Option 1
$36,861 .00 Option 2
Let's Go Play, Inc. $34,000.00
NuToys Leisure Products $34,656.00
Park & Recreation Supply, Inc. $34,000.00 Option 1
$33,786.00 Option 2
Gametime, Inc. (Recreation Concepts) $30,000.00
Gametime submitted the lowest proposal with a unique opportunity to receive double the amount
of equipment for the price of $30,000.00. The product line is not yet on the market, and
Yorkville's music themed park featuring the new equipment would be the first of its kind in the
nation.
This equipment has unique elements such as double wide ramps leading to the 5 ' deck height for
wheelchair accessibility. In addition, the equipment design is unlike any other music themed
elements on the market with its ability to provide interaction between children of all abilities.
The equipment will then be unveiled nationally as a new product line at the National Recreation
and Park Association conference in September.
In addition, Gametime has agreed to partner with the City in a "Community Build" on Saturday,
August 18, 2007 at which the installation of the playground will be accomplished by a
combination of parks staff and community volunteers under the guidance of manufacturer
representatives. Installing the playground in this fashion will save the City approximately
$23,000 and at the same time promote community involvement and volunteerism
The funds for the purchase of new playground equipment for Hiding Spot Park are in the
FY07/08 Parks Capital Budget. Staff seeks approval for the selection and purchase of
Gametime's equipment for Hiding Spot Park for the amount of $30,000.
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Yorkville Community Build
Ever wonder how this. . .
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In just ONE day?
The Yorkville Parks & Recreation Department is looking for 100 volunteers to help build a
neighborhood playground onAutust 18,2007 at Hidin&Spo 1'ark, The park location is at the
intersection of Park & Freemont Streets.
Build day starts at 8am and ends when all the equipment is up! No skill is necessary to
participate. Please be aware that all those on the construction site must sign a release form and
be 18+ years of age. There will be activities for younger children and food to keep energy up
throughout the day.
Please contact Laura Haake, City Park Designer, at 630.553.8574 or lhaake @yorkvilledl.us to
register to be a volunteer. Those who register in advance will receive a t-shirt for helping on
build day! For more information, check out the website at www.yorkville.il.us.
We look forward to seeing you there!
Dear Friend of Yorkville Parks:
The Yorkville Parks and Recreation Department has planned an outstanding volunteer
and service event for the community. On Saturday, August 1,8, 2007, the City will be
hosting a "Playground Build Day" where an entire playground will be installed by
volunteers in one day. The Department is hoping to recruit approximately one hundred
volunteers to assist in the playground construction.
Hiding Spot Park, one of Yorkville's oldest parks, located at the corners of Freemont and
Park Streets in Yorkville will have a new design that will bring an accessible park unlike
other conventional accessible playgrounds to the City for a child with a disability to
navigate. The park was named in honor of Theresa Eberhart and her sister, the late
Samantha Eberhart, local children with special needs.
As is the practice with park development in Yorkville, a theme was chosen to appeal both
to the imagination of children and to those of various abilities. It was decided that the
theme for Hiding Spot Park would be "music."
As plans were being formulated to rebuild the park with a "music" theme, we were
presented with a wonderful opportunity to partner with a nationally recognized
playground equipment manufacturer to create a unique play opportunity.
Because of its prototype stage, a certain amount of secrecy is associated with this
equipment, therefore the manufacturers will be unveiling the design locally closer to the
construction date. Following its installation in Yorkville, the manufacturer will create
promotional photos and videos and unveil the line of equipment nationally in September,
2007. Representatives from the manufacturer will be present to participate in the build.
Volunteers and other workers to help build the playground will be needed to handle
various responsibilities that are part of a large volunteer event. This includes providing
food for the workers, publicity for the event, managing tools, safety, and recreational
activities for children to keep them safely away from the construction site as the colorful
equipment is being installed.
The Parks and Recreation Department will also be seeking sponsors that are willing to
contribute funds to the project and will be recognized in a variety of ways.
Anyone who would like to be involved, as a volunteer or sponsor is encouraged to
contact Laura Haake, Park Designer at Ihaake@vorkville.il.us or (630)553-8574.
S ' cerely,
M0
a ogle
Director of parks and Recreation
Reviewed By: Agenda Item Number
J2 a T Legal ❑ 7 #l
1036
EST. , Finance ❑
Engineer -7 )J.-?
4O 0- y City Administrator ❑ Tracking Number
Consultant ❑
Human Resources F] CC)1/J a OCD-T^ I C)
<LE
City Council Agenda Item Summary Memo
Title: US 34 & Sycamore Rd. Temporary Traffic Signal—Design Proposal &MFT Resolution
City Council/COW Agenda Date: July 10, 2007 City Council meeting
Synopsis: This proposal from Smith Engineering Consultants in the amount of$24,235.15 is
for the design of a temporary span-wire traffic signal to serve the existing 3-legs of
the 34/Sycamore intersection. The MFT resolution in the amount of$40,000 is to
appropriate the funds to pay for the design.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval, subject to finalizing agreements with IDOT and the
Rob Roy Falls developer.
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
`QED Ct J.`
Jz A T United City of Yorkville Memo
800 Game Farm Road
EST. , �� 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
<LE
Date: July 2,2007
To: Bart Olson, Interim City Administrator
From: Joe Wywrot, City Engineer
CC: Sue Mika,Finance Director
Lisa Pickering, Deputy City Clerk
Subject: US 34 & Sycamore Rd. Temporary Traffic Signal
Design Proposal and MFT Resolution
Attached find one copy of a proposed design engineering agreement with Smith
Engineering Consultants for a temporary span-wire traffic signal at the intersection of US
Route 34 and Sycamore Road. The proposal is in the amount of$24,235.15. Also
attached in an MFT appropriation resolution in the amount of$40,000 to cover this
expense.
This temporary span-wire traffic signal would serve the 3 existing legs of the intersection.
The Rob Roy Falls development is planning to add a 4t'leg on the north side,therefore
this temporary signal would be in service for about one year. There are other agreements
that will need to be finalized with IDOT and the Rob Roy Falls developer before we can
give Smith Engineering the notice to proceed with the design of this traffic signal.
_ While the construction cost of this type of signal is typically less than half the cost of a
permanent signal,the design cost is not much less than that of a permanent signal. This is
because the consultant still needs to go through the same design and review processes
with the city and IDOT. The proposal for design of a permanent 3-legged signal was
recently approved by City Council in the amount of$29,796.30,but we have not issued
the Notice to Proceed for that work.
Please place these items on the City Council agenda of July 10, 2007 for consideration.
Municipality L Name
United City of Yorkville off► l Illinois Department C Smith Engineering Consultants
C ``�f of Transportation p
Township A S Address
L
Preliminary Engineering U 759 John Street
County A Services Agreement L City
y G For T
Kendall E Motor Fuel Tax Funds A Yorkville
Section C T State
07-00035-00-TL y Illinois
THIS AGREEMENT is made and entered into this day of between the above Local
Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the
improvement of the above SECTION . Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general
supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT', will be used entirely or in part
to finance ENGINEERING services as described under AGREEMENT PROVISIONS.
Section Description
Name Temporary Traffic Signal Plans and Specifications
Route U. S. Route 34 Length N/A Mi. N/A FT (Structure No. N/A )
Termini At Sycamore Road
Description:
Contract plans and specifications will be prepared for the installation of temporary traffic signals at the intersection of U.S.
Route 34 and Sycamore Road in the United City of Yorkville.
Agreement Provisions
The Engineer Agrees,
1 . To perform or be responsible for the performance of the following engineering services for the LA, in connection with the
proposed improvements herein before described, and checked below:
a. ❑ Make such detailed surveys as are necessary for the preparation of detailed roadway plans
b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation
of detailed bridge plans.
c. ® Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and
analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement.
Such investigations are to be made in accordance with the current requirements of the DEPARTMENT.
d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to
furnish sufficient data for the design of the proposed improvement.
e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit,
Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work
agreements.
f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types)
and high water effects on roadway overflows and bridge approaches.
g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA
with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all
documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction.
h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction
easement and borrow pit and channel change agreements including prints of the corresponding plats and staking
as required.
Note: Four copies to be submitted to the Regional Engineer
Printed 6128/2007 Page 1 of 4 BLR 05510 (Rev. 11/06)
i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals
j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the
DEPARTMENT's Bureau of Local Roads & Streets.
k. ❑ Prepare the Project Development Report when required by the DEPARTMENT.
(2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will
be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all
such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the
DEPARTMENT.
(3) T9 atteRdGGRf8FeRGes at@Ry Feasenable time wheR requested to de se by represeritatives of the LA er the Department
(4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or
survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even
though final payment has been received by him. He shall give immediate attention to these changes so there will be a
minimum delay to the Contractor,
(5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer
pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and
without restriction or limitations as to their use.
(6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him
and will show his professional seal where such is required by law.
The LA Agrees,
1 . To pay the ENGINEER as compensation for all services performed as stipulated in Exhibit A. paragraphs ^ ^ 1g 1 '
a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as
approved by the DEPARTMENT.
b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by
the DEPARTMENT based on the following schedule:
Schedule for Percentages Based on Awarded Contract Cost
Awarded Cost Percentage Fees
Under $50, 000 (see note)
Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum.
;uhletallor arteftheseRfiGesprovided LlRdeF the paragraph 1b, 1G, id, le, if, 1h, lj & ! k. lfther=WGIINIF=FRsi1hIPtC; 2II
or pa�t of thi� work, the I=A will pay the GGSt W the ENGINEER plus a five (5) PeFGent sep-,iGe Gha�w
WG* The GIARs fiGatinns Af the empleyees used in the work should be G9RyiqtRRt llvith the employee GlaSSifiGatiGnq fe
should Rqrmally be peFF9FFned by lesser salaried perserinel, the wage Fate billed fer such. sePAGes shall be
rate with the .. apk performed
Printed 6/28/2007 Page 2 of 4 BLR 05510 (Rev. 11/06)
3. That paympntc; dup. the FNGINli�R for c;pp-lipes rendpred in aAGAFdanGe w th th s AGREEMENT will be Made as seen as
practicable qfteF the qPP-1 neq have been perfGrmed in accordance wth the felloWiRg SGI;edulel
a. Upen GOFAPIetiGR of detailed plans, speGial provisions, prepigsals and Pstimatp of Pest beiRg the work requiFed by
paragraphs 4a through 19 Under THE ENGINEER AGREES te tha-q;;tisfagtinn Af the LA and their approval by the
9F=124IRT-MENT, 99 PeFGeRt of the total fee dug under thisAGREFEMENT based nn the appreved estimate ef Gest.
the total lap. due under the AGREEIVIFISIT based Gn the awarded G@RtFaGt GGSt, less any aR;G6int6 paid under "a"
nbp
as e th . o rL n
.. ._ .. _ . rrnJreo""
4 . That) should the iMPRAF8nneRt be abandoned at aRy time afteF the ENGINFER has performed any pa�t ef the spPling's
provided or In paragraphs 4 a, thFough 1 h and p�ieF to the Gompletion Gf Such sePmFiGeS, the I-A shall reimburse. tl4e
ENGIN !i CR for WA nGtl RI nAMS nl
nhonden eni nni „I GARY" he' defined o iR paFagraph 7 of T14E L4 AGRIFFS
5. That, should the LA requiFe Ghanges iR any Gf the detailed plans, speGifipatir)ns Ar estimates eXGept fer those requiFed
pursuant W paragraph 4 9f THE FISIGINIEFER AGREEs, after they have been appFeved by the DEPARTIVIFISiT, the LA will
pay the ENGINEER for n nh nhonnen n the basis f
n e o nni -aI pernoni inn Aver n Fi ro orhead and
I ISRGI iR this paragraph shall in Re Way FelieVe the ENGINEER of his �eSPGRS;bility tG prepare a complete and adequate
i nv
`et ..f nlaR and sp n.f._at.^. ._.
It is Mutually Agreed,
1 . That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this
Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the
ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition
and that the committee's decision shall be final.
Z This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post
office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits,
agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and
data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such
material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services
partially completed in accordance with Section 4 of THE LA AGREES.
3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their
approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100
percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and
approved by the LA and the DEPARTMENT.
4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide
employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission,
percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this
contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability.
Printed 6/28/2007 Page 3 of 4 3LR 05510 (Rev. 11106)
IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of
which shall be considered as an original by their duly authorized officers.
Executed by the LA:
United City of Yorkville of the
(M unicipalityf rownship/County)
ATTEST: State of Illinois, acting by and through its
By
Clerk By
(Seal) Title
Executed by the ENGINEER: Smith Engineering Consultants
759 John Street
ATTEST: Yorkville, Illinois 60560
Title t Title Principal
JUOIIH M KOEM
NOTARY KQX-STATE OF UN N
MWOOA/AN810N EIIPIRE5,91/31pN
Approved
Date
Department of Transportation
Regional Engineer
Printed 6/28/2007 Page 4 of 4 BLR 05510 (Rev. 11106)
Smith Engineering Consultants
Civil/Structural Engineers and Surveyors
EXHIBIT A
PROPOSAL/AGREEMENT
for
PHASE II — CONTRACT PLAN PREPARATION
U.S. ROUTE 34 AT SYCAMORE ROAD
TEMPORARY TRAFFIC SIGNAL PLANS
Mr. Joe Wywrot
City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Phone: (630) 553-8527
Fax: (630) 553-3436
SEC Job No. : YORK-070427
June 28, 2007
Illinois • Texas
A division of SEC Group, Inc.
759 John Street, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.secgroupinc.com
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 2
I. Project Understanding°`;" '
A. General Understanding/Assumptions
The United City of Yorkville (City) intends to install temporary traffic signals at
the intersection of U.S. Route 34 and Sycamore Road and has requested that
Smith Engineering Consultants (SEC) submit a proposal for the preparation of
contract plans and specifications. Permanent traffic signal plans for this
intersection were previously prepared by Michael J. Cap Ltd. in 1997 and all of
the underground components (excluding electric cable) have been constructed per
those plans. Rather than complete the permanent installation, the City has elected
to pursue a temporary installation as the development along the north side of
Route 34 intends to add a fourth leg to the intersection at some point in the future.
Addition of a fourth leg would require significant alterations to any permanent
installation completed by the City.
Per the City's request, the following will be incorporated into the new traffic
signal plans:
1 . Opticom emergency vehicle pre-emption equipment.
2. Battery back-up system.
3. Veterans Parkway to be included on the U.S. Route 34 street name sign
mounted on the span wire.
4. Video vehicle detection instead of detector loops.
As part of the temporary traffic signal installation, the existing mast arm and
signal post foundations will be removed to the existing ground line. The existing
conduit and handholes (except the double handhole) will be abandoned. It is
assumed that the controller foundation will need to be removed and replaced in
order to accommodate the installation of a battery back-up system.
In a letter to the City dated June 26, 2006, IDOT, District 3 requested that the
traffic signals at Sycamore Road be interconnected to the proposed traffic signals
2, 100' to the east (Beecher Road). It is assumed that IDOT will permit this
interconnect to be installed with the ultimate, permanent traffic signal installation
(to be completed by the developer) as the City has requested that an interconnect
not be included in the temporary traffic signal plans. IDOT, District 3 has also
indicated that a revised Intersection Design Study (IDS) will not need to be
submitted as they anticipate that no additional roadway improvements will be
required.
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 3
B. Design Criteria
The temporary traffic signal plans and specifications will be prepared in
accordance with the Traffic Signal Design Guidelines for IDOT, District 3.
II. Scope of Services
A. Surveying Services (YORK-070427-SU 01)
Miscellaneous Pick-up Survey
SEC has a majority of the survey information necessary for preparation of the
traffic signal plans and specifications for U.S. Route 34 at Sycamore Road from
an adjacent project along U.S. Route 34. Various miscellaneous pick-up surveys
will be required. Time has been included in the contract for creating a survey
base file for the project and incorporating the miscellaneous pick-up survey
items.
B. Engineering Services (YORK-070427-TR 05)
Temporary Traffic Signal Plans and Specifications
Temporary traffic signal plans and specifications will be prepared for the
intersection of U.S. Route 34 and Sycamore Road. The plans and specifications
will be submitted to the City and IDOT, District 3 for review and approval. It is
assumed that two (2) submittals will be required to obtain IDOT, District 3
approval of the plans and specifications.
The following will be completed as part of the traffic signal plans and
specifications:
1 . Traffic Signal Plans and Specifications
ITEM NO. OF SHEETS
Cover Sheet / Index / Standards 1
General Notes 1
Summary of Quantities 1
Traffic Signal Installation Plan 1
Cable Plan and Phase Designation Diagram 1
Span Wire Loading Diagrams / Street Name Signs 1
Traffic Signal Details 1
Special Provisions
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 4
2. (Quantity Tabulations
Tabulate and check quantities for all the project pay items.
3 . Engineer' s Opinion of Probable Cost
An Engineer' s Opinion of Probable Cost (EOPC) for the project will be
prepared and submitted to the City and IDOT, District 3 for review and
approval.
4. Bid Documents
All IDOT, District 3 forms necessary for the City's use in obtaining
Contractors' proposals will be prepared as part of the bid package.
5. Phase III Consultation
Time has been allotted for the coordination required during the construction
phase of this project.
C. Meetings
1 . It is assumed that no meetings will be required for this project.
D. Administration/Coordination
1 . This item includes general administrative tasks associated with the proposal.
2. Conduct general coordination throughout the project with IDOT, District 3
and the City.
3 . Utility Coordination:
Submit preliminary plans to the various utilities, known to have services
within the project limits so that they may note the locations of their existing
facilities. Existing information obtained from utility companies will be
incorporated into the plans.
E. Deliverables
Traffic Signal Plans and Specifications
1 . The following will be submitted to IDOT, District 3 :
a) Preliminary Plans — Six (6) half-size sets of the prelinnary plans, six (6)
copies of the preliminary special provisions, and the preliminary EOPC.
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 5
b) Final Plans — Three (3) half-size sets of the final plans with mylar cover
and summary of quantities, three (3) copies of the final special
provisions, and the final EOPC.
2. The following will be submitted to the City:
a) Preliminary Plans — Two (2) half-size sets of the preliminary plans, two
(2) copies of the preliminary special provisions, and the preliminary
EOPC.
b) Final Plans — Two (2) half-size sets of the final plans, two (2) copies of
the final special provisions, and the final EOPC.
3. The following will be submitted to each of the utilities known to have services
within project limits:
a) Preliminary Plans — Two (2) full-size sets of the preliminary plans so that
the utility companies may note the locations of their existing facilities.
b) Final Plans — One (1) full-size set of the final plans.
F. Services by Others
1 . None required.
G. Information to be Provided by Client
The City has already provided SEC with the following, prepared by Michael J.
Cap, Ltd., for use in preparing the temporary traffic signal plans and
specifications:
1 . Traffic Signal Installation Plan and General Notes (revised 11/14/97).
2. Cable Plan, Phase Designation Diagram, Mast Arm Loading Diagrams, Mast
Arm Mounted Street Name Signs, and Schedule of Quantities (revised
11/14/97).
H. Not Included in Contract
The following tasks will not be completed as part of the project:
1 . Intersection Design Study (IDS).
2. Roadway Plans and/or Specifications.
3 . Permanent Traffic Signal Plans.
4. Temporary or Permanent Traffic Signal Interconnect Plans.
5 . Detector Loop Layout for Vehicle Detection.
6. Public Informational Meetings.
7. Construction Layout or Construction Observation.
8. Right-of-way and/or Easement Document Preparation.
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 6
III, Fee Summary"
Based upon our understanding of the project as detailed in this Contract, the following is
a summary of fee associated with the project. This Contract will be completed as a Lump
Sum Contract for professional engineering and surveying services. The individual fees
are estimates, while the total is the overall Lump Sum Contract Fee. Reimbursables will
be billed on a Time and Material Basis; fee estimates are shown below.
LUMP SUM:
ITEM LABOR COST CO
Surveying SU 01) $ 2,050.00
Engineering (TR 05) $21 ,640.00
Sub Total:' $23,690.00 N/A
TOAZi"" $ 23,690.00
TIME AND MATERIAL/REIMBURSABLES ESTIMATES:
LABOR _ DIRECT
M:- COST
ITE S S .
CO T
Prints $ 345. 15
UPS/Mailings $ 200.00
Sb Total: :: N/A $ 545. 15
TOTAL; $ 545.15
GRAND TOTAI : ? $24,235.15
abor +`Reimbursabl"es
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 7
IV. ADDITIONAL CONTRACT-:UNDERSTANDING
Extra Work
Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time
and Material basis with prior approval of the CLIENT.
Outside Consultants
SMITH ENGINEERING CONSULTANTS, A division of SEC Group, Inc., is not responsible for accuracy of any plans, surveys
or information of any type including electronic media prepared by any other consultants, etc. provided to SEC for use in
preparation of plans.
SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided
by others will not be done under this contract unless indicated in the Scope of Work.
Design Without Construction Review
It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's
work or performance. It is further agreed that the CLIENT will defend, indemnify and hold harmless SEC from any claim or suit
whatsoever, including but not limited to all payments, expenses or costs involved, arising from the contractor's performance or
the failure of the contractor's work to conform to the design intent and the contract documents. SEC agrees to be responsible for
its employees negligent acts, errors or omissions.
Attorneys' Fees
In the event of any litigation arising from or related to the services provided under this AGREEMENT, the prevailing party will
be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related
expenses.
Certificate of Merit
The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against SEC unless the
CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing
in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a) contain the name and license
number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care
expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail
the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to
SEC not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial
proceeding.
Standard of Care
Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill
ordinarily exercised by members of the same profession currently practicing under similar circumstances.
Job Site Safety
Neither the professional activities of SEC, nor the presence of SEC'S employees and subconsultants at a construction site, shall
relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to,
construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all
portions of the work of construction in accordance with the contract documents and any health or safety precautions required by
any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or
other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the
General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's
AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, SEC and SEC'S consultants shall be
indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies
on a primary and non-contributory basis.
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 8
Reuse of Documents
All project documents including, but not limited to, plans and specifications famished by SEC under this project are intended for
use on this project only. Any reuse, without specific written verification or adoption by SEC, shall be at the CLIENT's sole risk,
and CLIENT shall indemnify and hold harmless SEC from all claims, damages and expenses including attorney's fees arising out
of or resulting therefrom.
Ownership of Instruments of Service
All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents
including all documents on electronic media prepared by SEC m instruments of service shall remain the property of SEC. SEC
shall retain these records for a period of five (5) years following completion/submission of the records, during which period they
will be made available to the CLIENT at all reasonable times.
Failure to Abide by Design Documents or to Obtain Guidance
The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans, specifications
or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow SEC'S guidance with
respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a
consequence of implementing SEC'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any
claim against SEC, and agrees to defend, indemnify and hold SEC harmless from any claim for injury or losses that results from
failure to follow SEC'S plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect
to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing
SEC'S plans, specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and
expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy.
Opinion of Probable Construction Cost
SEC shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by
SEC. SEC is not a construction cost estimator or construction contractor, nor should SEC'S rendering an opinion of probable
construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction
contractor would provide. SEC'S opinion will be based solely upon his or her own experience with construction. This requires
SEC to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other
design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor,
equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the
time, and other factors over which SEC has no control. Given the assumptions which must be made, SEC cannot guarantee the
accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against SEC relative to the
accuracy of SEC'S opinion of probable construction cost.
Design Information in Electronic Form
Because electronic file information can be easily altered or corrupted, modified by other parties, either intentionally or
inadvertently, without notice or indication, SEC reserves the right to remove itself from of its ownership and/or involvement in
the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by
SEC for information and use by the CLIENT for the specific purpose for which SEC was engaged. Said materials shall not be
used by the CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for
which the material was not strictly intended by SEC without SEC's expressed written permission. Any unauthorized use or reuse
or modifications of this material shall be at the CLIENT's sole risk. SEC makes no warranties, express or implied, and assumes
no responsibility for any damages the CLIENT may incur through its use or misuse.
This material is subject to change at our discretion. Coordination for updates is the responsibility of the CLIENT. SEC is not
responsible to the CLIENT for updating the electronic file or for compatibility with the CLIENT's hardware and/or software. It
is the CLIENT's responsibility to examine material for virus contamination prior to use.
The CLIENT agrees to defend, indemnify, hold harmless SEC, its Officers and employees from any and all claims, injuries,
damages, losses, expenses, attorney's fees, and liabilities that may arise or result from the use of this information by the CLIENT
or its employees.
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No.: YORK-070427
June 28, 2007
Page 9
Dispute Resolution
In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the
project, the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be
submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably, it shall
then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the
arbitrator shall be conclusive and binding upon the parties.
The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of SEC and its subconsultants to the CLIENT for
any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including
attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of SEC and its subconsultants to all
those named shall not exceed SEC'S total fee for services rendered on this project, whichever is greater. It is intended that this
limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.'
Exclusion
This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of
Services. These work items are considered extra and are billed separately on an hourly basis.
Payment
I . All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date. All
outstanding invoices greater than 30 days shall have 1 .5% interest compounded monthly added to the invoice.
Should the CLIENT fail to pay for professional services hereunder, as billed within 30 days of such billing, SEC shall
be excused from rendering any further services under this project. No work shall be signed or sealed until payment in
full is received.
2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this
AGREEMENT signed by the other.
Time Limit
This AGREEMENT must be executed within thirty (30) days of the composition date to be accepted under the terms set forth
herein. This contract shall expire one year from date of execution.
Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance,
please sign both copies, retain one copy for your files and return one to our office. '..
Mr. Joe Wywrot
United City of Yorkville
U.S Route 34 at Sycamore Road — Temporary Traffic Signal Plans
SEC Job No. : YORK-070427
June 28, 2007
Page 10
We sincerely appreciate this opportunity to offer our services. If this AGREEMENT merits your
approval and acceptance, please sign both copies, retain one ( 1 ) copy for your files and return
one ( 1) to our office.
This AGREEMENT is approved and accepted by the Client and Consultant upon both parties
signing and dating the AGREEMENT. The effective date of the AGREEMENT shall be the last
date entered below.
Sincerely,
SMITH ENGINEERING CONSULTANTS
0 P�A
Anthon immons, P.E.
Civil Engineer III
Approved b .
Andrew Svihra, P.E. — —
Principal
APS/pag
CLIENT:
Accepted by:
Printed/Typed Name:
Title: Date:
Client: United City of Yorkville
Y:Uobs\Smith\2007\070427-Y0RK US Route 34 Q Sycamore Rd\Administratlon\contract\YORK-070427-Contract-U.S. Route 34 at Sycamore
Road-Temporary Signal Pians-062807-aps.doc
(t Illinois Department Resolution for Improvement by
p Municipality Under the Illinois
Of Transportation Highway Code
BE IT RESOLVED, by the Council of the
Council or President and Board of Trustees
United City of Yorkville Illinois
City, Town or Village
that the following described street(s) be improved under the Illinois Highway Code:
Name of Thoroughfare Route From To
Veterans Parkway U.S. Rte. 34 At Sycamore Road
BE IT FURTHER RESOLVED,
1 . That the proposed improvement shall consist of contract plans and specifications for the installation of temporary
traffic signals at the intersection of U .S. Route 34 (Veterans Parkway) and Sycamore Road in the United City of Yorkville
and shall be constructed N/A wide
and be designated as Section 07-00035-00-TL
2.. That there is hereby appropriated the (additional ❑ Yes ® No) sum of
Forty Thousand Dollars ( $40,000.00 ) 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.
Approved 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 Council
Council or President and Board of Trustees
Department of Transportation at a meeting on
Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
day of
Regional Engineer
(SEAL)
City, Town, or Village Clerk
Printed 612812007 BLR 09111 (Rev. 11/06)
`QED C/r y Reviewed By: Agenda Item Number
Legal ❑
Finance ❑ -�r �. L;.11 w�[t t
EST. , � .1836
Engineer ❑
City Administrator r�', y F1 Tracking Number
Consultant ❑
<<E Human Resources E] 0—nw a00-4— l
City Council Agenda Item Summary Memo
Title: Governing Ordinance Amendment— Chairmen, Vice-chairmen, and rosters
City Council/COW Agenda Date: COW July 10, 2007; City Council July 10, 2007
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: CC 06-26-2007 Action Taken: Discussion
Item Number:
Type of Vote Required: N /A
Council Action Requested:
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
United City of Yorkville Memo
" 800 Game Farm Road
ESL 1 `.: 1936 Yorkville, Illinois 60560
Telephone: 630-553-4350
�� p Fax: 630-553-7575
<LE
Date: June 20, 2007
To: City Council
From: Bart Olson, Interim City Administrator
CC:
Subject: Chairmen, vice-chairmen and rosters
Attached to this memo is a draft governing ordinance with a chairman/vice-chairman
selection system. I drafted this proposal based on what I consider to be the most equitable and
simplest solution to committee selections. The system described in the ordinance is exactly what
was done this year in selecting committees. In addition to the selection process, I have outlined
two year terms (to allow for some continuity and still allow aldermen to serve on all committees
during one aldermanic term), and how to assign committee chairs to aldermen should an
incumbent be defeated.
My proposal has been drafted for use as a starting point in the discussion, and the
ultimate decision by City Council need not be based on my proposal in any way.
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007-
Amended and Restated
Governing Ordinance, United City of Yorkville
Addressing:
Ethical Standards, Elected Officials Duties and Responsibilities, Meeting Standards and
Committee Structure
Whereas, the City Council of the United City of Yorkville first passed a Governing Ordinance,
on June 27, 2006 as Ordinance 2006-58„subsequentlypassed amendments to the Governing j Deleted: and
Ordinance„ on November 14, 2006 as Ordinance 2006-133 and on June 26, 2007 as Ordinance _ _ _ { Deleted: av Amended Governing
2007 and intends to amend said as
and restate it in its entirety, by this Ordinance Ord'nmw
rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and Formatted: Highlight J
Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled
State Statutes, has the right to determine procedures for organizing and conducting all meetings
of the City Council acknowledging that the City is bound by certain state and federal laws as
well as legal precedents which cannot be supplanted by City Ordinance; and
Whereas, in keeping with this right, the City Council has adopted Roberts Rules of Order to
outline the procedure to be followed during meetings and to regulate the actions of Council
members and the public in attendance at such meetings; and
Whereas, the Council has determined that, to further ensure the orderly flow of information
presented at its meetings and to protect the integrity of all in attendance at such meetings, it
requires an additional written policy to clarify and amend Roberts Rules; and
Whereas, the Council has undertaken to compile a list of ethical standards for City elected
officials which the Council wishes to be included in its written policy; and
Whereas, the Council also has determined that it is in the best interests of all members of the
City Council and the residents of the United City of Yorkville that said policy should include
guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the
United City of Yorkville; and
Whereas, the Council also requires said policy to officially establish standing committees of the
Council and to outline procedures for the organization of said committees, including the
selection of membership and chairmen of said committees, so that membership and chairmanship
shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand
City business;
Therefore, be it ordained as follows:
I.
Ethical Standards — Elected officials of the United City of Yorkville:
A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the
United City of Yorkville.
B. Shall be dedicated to the concepts of effective and democratic local government.
C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of
one's constituents, so as to maintain public confidence in City government and in the
performance of the public trust.
D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or
financial or other personal interests.
E. Shall not invest or hold any investment, directly or indirectly, in any financial business,
commercial or other private transaction that creates a conflict with official duties.
F. Shall extend equal opportunities and due process to all parties in matters under
consideration.
G. Shall recognize that the chief function of local government is at all times to serve the best
interests of the residents of the United City of Yorkville.
H. Shall work to keep the community informed on municipal affairs, encourage
communication between residents and municipal officers; emphasize friendly and
courteous service to the public; and seek to improve the quality and image of public
service. -
I. Shall work to assure that government is conducted openly, efficiently, equitably, and
honorably in a manner that permits residents to make informed judgments and hold City
officials accountable.
J. Shall show respect for persons, confidences and information designated as "confidential".
K. Shall refrain from taking any official action that would censure any other elected official,
unless such member has been found guilty of a legal offense that would require such
action by the City Council
L. Shall, when representing the City, act and dress in a manor appropriate for the function.
II.
Duties and Rights of Elected Officials:
Aldermen
A. Shall, through their council votes, create the public policy that governs the United City of
Yorkville, and provide oversight for the executive branch.
B. Shall have the right to expect that the mayor and city's staff will provide them with clear
and unbiased information to help them in their decision-making process.
C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better
understand the wishes of their constituents. This is not meant to preclude aldermen from
taking a city-wide view of the impact of an item under discussion, but to underline that
aldermen are empowered to act on behalf of their constituents, and should be apprised of
all items that are brought to the City that in any way pertain to their Ward. It is
recommended that as a courtesy the Alderman holding the meeting should contact the
other alderman in the ward, in advance, about the meeting.
D. Shall refrain from giving direction to any city employee. Policy is created by the entire
City Council. If any alderman wishes to address any problems he or she sees occurring
in the city, this problem may be brought to the attention of the mayor, the city
administrator, department directors, or taken to the council as a whole for action.
Requests for information are not to be considered as "giving direction."
Mayor
A. Shall perform all the duties which are prescribed by law, including ordinances, and shall
take care that the laws and ordinances are faithfully executed. Shall from time to time
and annually, give the corporate authorities information concerning the affairs of the
municipality and may recommend for their consideration measures that the mayor
believes expedient. (65 ILCE 5/3. 1-35-10)
B. Shall be a non-voting member of all standing committees.
C. Shall make appointments to fill vacancies, with the advice and consent of the
Council.
HL
Meeting Standards
Applicable to City Council Meetings
Generally
A. City Council Meetings shall be regularly scheduled to convene on the 2"d and 4d'
Tuesday's of each month immediately following the conclusion of the Committee of the
Whole meeting in the City Hall Council Chambers.
B. City Council Meetings shall be generally conducted according to the agenda template
attached hereto.
C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in
the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The
Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each
Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the
Notice and Agenda to all registered news media. No special meeting shall be called for a
date less than 48 hours after the Notice and agenda have been submitted to the City
Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the
notices set out above, including all Copies of Publication to the City Council, and said
Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS
120/2.02)
D. Except during the time allotted for public discussion and comment, no person, other than
a member of the council, or an officer, employee, independent contractor, or other person
recognized by the presiding officer, shall address the Council, except with the consent of
two of the members present.
E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to
be voted on has been presented in its final form to the Corporate Authorities at least four
days prior to the vote.
F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or
similar devices on silent mode prior to all such meetings, and shall not communicate on
such devices during any such meetings. Elected officials, and department heads may
excuse themselves from a meeting in order to communicate on such devices.
G. The standards concerning order of speaking and time limits set by this Governing
Ordinance shall apply to all items, including motions, resolutions, ordinances or action
items wherein a vote may be taken.
Aldermen
A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall
have the right to vote to suspend the rules of order (regarding the order of discussion, and
time limits) to provide for an open discussion.
B. Shall not speak twice on an item before all other aldermen who wish to speak to the item
have had an opportunity to speak once. No alderman nor mayor shall speak more than
twice on any item.
C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the
first round; two minutes for the second round. Minutes not used shall be forfeited:
minutes cannot be accumulated.
D. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall
address all remarks to the presiding officer, without a response from the presiding officer.
E. May not move to end debate before every alderman who wishes to speak to an agenda
item has had the opportunity to do so. A motion to end debate, or "call the question"
shall require a two-thirds vote. (Roberts Rules (RONR (10ffi Edition) page 189, Section
16)
F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can
overtum the Mayor's ruling. (Roberts Rules (RONR (10 s Edition) page 247, Section 24)
G. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause,
but may not do so for the same cause a second time. (65 ILCS 3.1-40-15)
H. May, upon the request of any two aldermen present, defer a report of a committee to the
next regular meeting of the Council.
L Shall, during a meeting, have the option to be the first and last speaker on an item if he or
she has placed the item on the Council agenda.
J. Shall, after being appointed as a liaison to another city organization, be responsible for
keeping all Council members informed of that organization's significant activities.
K. Shall limit their remarks to the question under debate. To this end, aldermen must never
attack or make any allusion to the motives of aldermen. (RONR (10" Edition) page 41,
line 31)
L. May, before voting, participate in a special committee of the whole meeting to review
nominees that the mayor appoints when the appointment is either to fill a vacancy in an
elective or appointed office that requires the advice and consent of the City Council
M. Shall elect from one of the Aldermen as Mayor Pro Tom pursuant to the Mayor Pro Tom
Policy of the United City of Yorkville, attached hereto.
Mayor
A. Shall preside at every regular Council meeting fulfilling the normal and customary
functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall
preside. At ad hoc committee meetings of the Council, the chairman of the committee
shall preside.
B. Shall preserve order and decorum, may speak to points of order in preference to
aldermen, and shall decide all questions of order, subject to appeal. In the case of
disorderly conduct, the mayor shall have the power to request that the Council Chambers
be cleared.
C. Shall appoint the City Attorney to be parliamentarian of the Council.
D. May, without relinquishing the chair, voice his opinion on items before the City Council,
in keeping with time limitations. The mayor shall, immediately after stating the item
under discussion, ask the alderman who has requested an item to be placed on the agenda
if he or she wishes to introduce the item or the applicable Committee Chairman if no
particular alderman has requested that the item be placed upon the agenda. The mayor
shall recognize this alderman as the last one to speak to the item if the alderman requests
to do so. Shall not allow any aldermen to speak more than twice on any item; shall not
allow accumulation of minutes that have been forfeited.
E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time
on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his
opinion, shall not speak more than five minutes on the issue.
F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating
different sides of the question, pro and con, as much as possible, and not allowing any
one alderman to speak twice before all aldermen who wish to speak can do so. He shall
give preference first to an alderman who has placed the item under discussion on the
Council's agenda.
G. Shall insure that any information he makes available to aldermen on an agenda item is
given to all aldermen in the same timely fashion, so that all aldermen can make informed
decisions. It is the mayor's responsibility to insure that any item brought to the mayor's
attention that pertains to a project or problem in a City Ward should be brought
immediately to the attention of that Ward's two aldermen.
H. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the
alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in
favor of an ordinance, resolution or motion even though there is not tie; and iii. When a
vote greater than a majority of the corporate authorities is required.
(65 ILCS 5/3. 1-40-30) .
Iv.
The Standing Committees of the City Council:
A. Shall include the Public Works, Public Safety, Administration, Economic Development
Committees, and the Committee of the Whole. The Administration Committee shall
meet the first Tuesday of each month at 7:00 p.m. in the City Hall Council Chambers.
The Public Works Committee shall meet the first Tuesday of each month at 7:00 p.m. in
the City Hall conference room. The Public Safety Committee shall meet the third
Tuesday of each month at 7:00 p.m. in the City Hall conference room. The Economic
Development Committee shall meet the third Tuesday of each month at 7:00 p.m. in the
City Hall Council Chambers. The Committee of the Whole will meet on the second and
fourth Tuesdays of each month at 7:00 p.m. in the City Hall Council Chambers.
B. The Public Works, Public Safety, Administration, and Economic Development
Committees shall include four members (one from each ward) of the City Council,
including the Mayor. The Committee of the Whole meeting shall include all eight
aldermen. The Mayor is a non-voting member of each committee. � _ - I Deleted:
C. Shall be presided over by its chairman, who will conduct the business of the meeting. In
the absence of the chairman. the vice-chairman shall conduct the business of the meeting.
Chairman and vice-chairman shall serve two year appointments. Chairs, vice-chairs. and
committee rosters shall be filled through the following process:
a, For the Committee of the Whole meeting, the chairman shall be the Mavor, and - - - Formatted: Bullets and Numbering
the vice-chairman shall be the Mayor Pro-Tem.
b. For the Public Works. Public Safety. Administration, and Economic Development '
committees: after each election, the four committee chairmanships shall be
vacated. The four vice-chairmen shall each select a committee to chair, with the
most senior alderman having the first selection and progressing to the next most
senior alderman. and so on. After the chairmanships have been selected, the four
non-chaired aldermen shall each select a committee to vice-chair, with the most
senior alderman having the first selection, and progressing to the neat most senior
alderman, and so on. In the same order in which chairmanships and vice-
chairmanships are selected. the committee rosters shall be filled (committee chairs
pick second committee first, vice chairman pick second committee after the
chairman pick their committee)_ f metered: ¶ j
- - - --- --
i. Should an incumbent alderman be defeated to an election, the incoming
alderman shall be placed in the group of four "non-chaired" alderman that
will select a vice-chair role in a committee. Subsequently, the most senior'
alderman of the "non-chaired" group shall be allowed to retain a
committee chair for a consecutive year, but will select last in the group of
aldermen who are selecting the committee chairs for the upcoming term.
In the event there is more than one incumbent alderman allowed to serve
consecutive committee chairs those aldermen shall select committee
chairs in order according to seniority, but after the group of alderman who
have not served-consecutive committee chairs have selected.
D. Shall control the movement of items from committee agendas to Committee of the Whole
and City Council agendas. Items may not move out of committee but for a vote of
approval by 3 aldermen.
E. Shall have the sole power to assign liaisons to those city organizations that fall under that
committee's specific area of business listed in the City Council agenda as follows:
Public Works: Park Board, YBSD
Economic Development Chamber of Commerce, Kendall County Econ.
Dev., Plan Commission, Bristol Plan Comm.
Yorkville Econ. Dev. Corp., Aurora Area Conv.
& Tourism Council , Downtown Re-development
Public Safety Human Resource Comm., School District,
KenCom
Administration Metra, Library, Cable Consortium
NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those
members of the City Council voting, the following action is hereby taken by the City Council of
the United City of Yorkville:
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI WALLY WERDERICH
JOE PLOCHER 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