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Committee of the Whole Packet 2007 09-11-07 , D CO. United City of Yorkville J 4 In 800 Game Farm Road EST. 1 _ 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-4350 o� v �. Fax: 630-553-7575 ALE AGENDA COMMITTEE OF THE WHOLE Tuesday, September 11, 2007 7:00 p.m. City Council Chambers Presentations: None Detail Board Report (Bill List): Items Recommended by Committee for Consent Agenda: 1. ADM 2007-70 Monthly Treasurer's Report for July 2007 2. ADM 2007-76 Assist First Time Home Buyer Down Payment Assistance Program 3. PW 2007-127 Grande Reserve Unit 12 — Site Development LOC Expiration 4. PW 2007-128 Grande Reserve Unit 13 — Site Development LOC Expiration 5. PW 2007-129 Grande Reserve Unit 13 — Site Inspection LOC Reduction No. 1 6. PW 2007-130 Grande Reserve Unit 14 — Site Inspection LOC Reduction No. 1 7. PW 2007-131 Raintree Village Unit 5 — Site Development LOC Expiration 8. PW 2007-132 In-Town Road Program (Phase 2 Utilities) — Change Order #3 9. PW 2007-135 River Road Plat of Dedication 10.PW 2007-138 Prairie Gardens Subdivision — Subordination of Surface Rights I LPW 2007-139 Yorkville Middle School— Subordination of Surface Rights 12.PW 2007-140 Bristol Bay Units 1-7 — Landscape Bond Reduction #1 Mayor: 1. COW 2007-20 Draft Vision Statement 2. COW 2007-21 Hamman Property Landfill Application Operation Discussion Page 2 Committee of the Whole September 11, 2007 City Clerk: 1. COW 2007-22 Resolution Approving the Release of Executive Session Minutes Park Board: 1. PKBD 2007-20 Riemenschneider (Prairie Meadows) Park Construction Bid Results Public Works Committee: 1. PW 2007-126 Provena-Dreyer Stormwater Basin 2. PW 2007-136 Well No. 7 Update — FYI 3. PW 2007-141 Updated Capital Improvement Program 4. PW 2007-142 Plat of Vacation — 202 River Road 5. PW 2007-108 In-Town Road Program Phase 3 Public Safety Committee: 1. PS 2007-17 Request to Limit Number of Package Liquor Licenses 2. PS 2007-29 Request for Patio License 3. PS 2007-30 KenCom Intergovernmental Agreement Administration Committee: 1. ADM 2007-75 Disposal of Outdated IT Equipment City Council Requests: 1. COW 2007-19 Governing Ordinance — Committee Liaison Discussion 2. COW 2007-23 City's Hiring Policies Executive Session: 1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Additional Business: UNITED CITY OF YORKVILLE WORKSHEET COMMITTEE OF THE WHOLE Tuesday, September 11, 2007 7 :00 PM CITY COUNCIL CHAMBERS PRESENTATIONS: 1 . None DETAIL BOARD REPORT BILL LIST): ITEMS RECOMMENDED FOR CONSENT AGENDA: 1 . ADM 2007-70 Monthly Treasurer's Report for July 2007 2. ADM 2007-76 Assist First Time Home Buyer Down Payment Assistance Program 3 . PW 2007- 127 Grande Reserve Unit 12 — Site Development LOC Expiration 4. PW 2007- 128 Grande Reserve Unit 13 — Site Development LOC Expiration 5. PW 2007-129 Grande Reserve Unit 13 — Site Inspection LOC Reduction No. 1 6. PW 2007- 130 Grande Reserve Unit 14 — Site Inspection LOC Reduction No. 1 7. PW 2007- 131 Raintree Village Unit 5 — Site Development LOC Expiration 8. PW 2007- 132 In-Town Road Program (Phase 2 Utlitites) — Change Order #3 9. PW 2007- 135 River Road Plat of Dedication 10. PW 2007- 138 Prairie Gardens Subdivision — Subordination of Surface Rights 11 . PW 2007-139 Yorkville Middle School — Subordination of Surface Rights 12. PW 2007- 140 Bristol Bay Units 1 -7 — Landscape Bond Reduction #1 MAYOR: 1 . COW 2007-20 Draft Vision Statement 2. COW 2007-21 Hamman Property Landfill Application Operation Discussion CITY CLERK: 1 . COW 2007-22 Resolution Approving the Release of Executive Session Minutes PARK BOARD: 1 . PKBD 2007-20 Riemenschneider (Prairie Meadows) Park Construction Bid Results PUBLIC WORKS COMMITTEE: 1 . PW 2007- 126 Provena-Dreyer Stormwater Basin 2. PW 2007- 136 Well No. 7 Update — FYI 3 . PW 2007-141 Updated Capital Improvement Program 4. PW 2007- 142 Plat of Vacation — 202 River Road 5 . PW 2007-108 In-Town Road Program Phase 3 PUBLIC SAFETY COMMITTEE: 1. PS 2007-17 Request to Limit Number of Package Liquor Licenses 2. PS 2007-29 Request for Patio License 3. PS 2007-30 KenCom Intergovernmental Agreement ADMINISTRATION COMMITTEE: 1. ADM 2007-75 Disposal of Outdated IT Equipment CITY COUNCIL REQUESTS: 1. COW 2007-19 Governing Ordinance—Committee Liaison Discussion 2. COW 2007-23 City's Hiring Policies EXECUTIVE SESSION: 1 . For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 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Cfl U3. 69 H} 64 H-} ER EA 04 N N U) Efl � r O w h 1� O m O <Y N h m @ I� n M O qt r CO M M r M r� M r (fl p p 1" N 1� m N O O M 4 r I -� W O O O O J F_ 1� r M O (O CO (0 CO O (0 O V' N N N Q M 64) M 00 W 1` M r V' V LO r L(} U = r 64 fA ER 69 r M' r r r (O V� r O U E9 Ff3 ER 64 (A H? rEF} C) N W (A N 1� M M M O M M 1� M r Ln O 00 M LC) O I` OR U) M L(7 Ln N Lq N U() N r 00 M N M N (0 m N m m 1� LL r M O O N O M O O h Co N M EH CA CA U!3 14 W r M M N to O r ER 64) 64 63 64 r U3 r r 6p� O 60 H} fR C/) rfF} Y Q CO O N � ) ® n W 0 0 N m V m r� z V N 4 6 4 O M M O 4 W N N r O O Q F' O (N!3 �Y 00 M M L�A M M M A LN[7 N N O CO c- 00 (A d" LC O O r LN O( rN r� W® C G N r r r � (f3 r r Y) r N r r J J N 0 1 64 ( (fl (» (» (» (» (Fr (» NN J W e° O U >- 0 � _ � ® O O O LO CO O O N 1� N O O (A a O uj O O O O N O O O (D N O O r _ V '- a O O O 6 6 O O r M M O O a ? Q ® Q F" EPr EA 64 64 d O 6r� M 0) J J J �' > Nvr Q Q Q Z O 000 M CO O N O O N N m M LLD 1` 0 M LO r M O d' 1� M r cl' 1� V M m ct N V 1- 4 1� r V O O M O 1� Q N N r r N V M N W M r N W J O N qq W O (() M O r CO O O r n 0 CV V Cn N Lfj C() 6 Lr r 0 r r r 1� 64 r r (A r N r r W 64 69 64 (f} 64 69 64 fR 6c} N N J H Z O W z z O J W W W = W W Q } Z Z Z U W Y q Z w Q U m a LL w a U vi 3: a uWi w `,�D Cl Reviewed By: Agenda Item Number J` ® Legal ❑ CA it 7636 EST. , Finance F-1 Engineer ❑ Tracking Number ® ,;, City Administrator F1 51 e=O Consultant ❑ "µ aO®p t d LE ❑ Agenda Item Summary Memo Title: July Treasurer's Report Meeting and Date: COW 9/ 11 /07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewski Finance Name Department Agenda Item Notes: h O O O 7 Oi o0 O O c0 Vi N f-0 W o. � �o ri •= M a 00 V1 V O N �O Vl 00 E N O N M O M M tl N b n `•� 7 iD o0 h 7 vi °� -+ O l� N W � M M —+ ao m V• M W m y Vt Vt 0 7 0 0 U M O Vl M V'1 O M M N W Q d N W m 00 N M vNi 00 Nt M � t� N N � V •G 3 U W d' It r OD u N T N rr N O N 7 M r N �' O a0 l- of Q\ •C N M M O �D � vi c�1 N M S. Vi un O tl R vi v N m M N h N °. ,-• oo •u y O L N W Pa t� 'n" ^•" v N r� v .y a O � C � o �omoo �n rno, �0000c� � ov000 00 0 O m N h N M O M D\ N O O M M t 'a U oo N o� [� �D �t m y CN N M w U w v C. N M y Vh r h O W W y a v E5 C y ° M W h M y N � y d� On b V o M ro T C M vt b .�-. 7 7 m N O O oo �D o0 N h Sa C N C M l� � n T T �° M h t� �° O N N �° M "r y -• C u �} W d' •-+ �n M Vt N N N l� 0 O T O vl N 1D s '� tl A vi 7 v N h O ° c�a m j a°i «' y w w °' s +� v N O U ttl 9L4 a4 w � 3ci3v� aawawUraH H ¢ 00 0o w h O •-+ N N N M 7 d' 00 D, Reviewed By: Agenda Item Number J� ® Legal ❑ esr �Z 1636 Finance ❑ LA Engineer Tracking Number ® r City Administrator ❑ � :` Consultant ❑ M xc — ems/ CE Agenda Item Summary Memo Title: Assist First Time Home Buyer Down Payment Assistance Program Meeting and Date: COW 9/ 11 /07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Place on COW agenda and a majority vote at the City Council Meeting. Submitted by: Susan Mika Finance Name Department Agenda Item Notes: Please see attached documentation. Stern r® thers o , 220 West Huron Street Investment Banking Since 1917 Suite 500 East Chicago, 111inois 60610 TeL 312. 664.5656 Fax: 312. 664. 5650 August 13, 2007 Ms. Susan Mika Finance Director United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560441 Re: Assist First-Time Homebuyer Down Payment Assistance Program Dear Susan: The Assist program is continuing to do well in Yorkville. Over the past 12-months, Assist has helped 35 families purchase homes in the City totaling more than $4.8 million. A summary of the originations and maps plotting the loans are enclosed. The average loan size is more than $ 137,000. An updated list of participating lenders and a program outline are also enclosed. Finally, I have included an Inducement Resolution to request volume cap to supplement the Assist program going forward. Please schedule the resolution for passage at the next board meeting that is convenient for you. Send me two (2) certified copies of the resolution once it has been acted upon. I can send the resolution to you in Word electronically if you wish. Thanks for your continued support of Assist, Susan, and we look forward to working with you and the City in the year to come. Best Regards, 0 David S. Rasch Managing Director Attachments cc: Mike Roth Chicago • St. Louis • Kansas City Assist Originations in Yorkville, Illinois � i IennedY Ra ! � ' i unfryside=Pk rE 34 'x-`--! ' J / a Jackscvl St u Till as r s E" Afafn St 3= f MM- Sf ' Rd_ 24 VanQw r Fat , J C Hire it eaver'St v) \ 0 . I, r _ _ R5 N Greenbrier Rdj 0mj 0.2 0.4 0.5 0.8 1 1.2 Copyright 0 and (P) 1988-2006 Microsoft Corporation and/or its suppliers. All rights reserved. h1tpAAVww.microsofLwmfstre8W Pardons 01990-20081nstallShield SoMrzre Corporation. All rights reserved. Certain mapping and direction data 0 2005 NAVfEQ All rights reserved. The Data for areas of Canada includes information taken with permission from Canadian authorities. including: 0 Her Majesty the Queen In Right of Canada, 0 Queen's Printer for Ontario. NAVrEQ and NAVTEQ ON BOARD are tratlamarks of NAVTEQ. 0 2005 Tole ABas North America, Inc. All fights reserved. Tale Ages and Tels Atlas North America am trademarks of Tale Ades, Ina. CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS Collateralized Single Family Mortgage Revenue Bonds Assist First-Time Home Buyer Down Payment Assistance Program Loan Origination ADDRESS CITY STATE ZIP LOAN AMOUNT 1 . 104 W MAIN STREET YORKVILLE IL 60560 $121 ,600.00 2 . 105 COLONIAL PARKWAY #C YORKVILLE IL 60560 $167,546.00 3 . 1311 CHESTNUT LANE YORKVILLE IL 60560 $150,900.00 4 . 106 W MAIN STREET YORKVILLE IL 60560 $81 ,700.00 5 . 107 COLONIAL PARKWAY #A YORKVILLE IL 60560 $142,704.00 6 . 108 W MAIN STREET YORKVILLE IL 60560 $116,745.00 7 . 1134 FREEMONT STREET #6 YORKVILLE IL 60560 $148,809.00 8 . 1217 WILLOW WAY YORKVILLE IL 60560 $101 ,241 .00 9 . 1225 WILLOW WAY YORKVILLE IL 60560 $126,526.00 10 . 1295 CHESTNUT LANE YORKVILLE IL 60560 $1731636.00 11 . 106 COLONIAL PARKWAY #A YORKVILLE IL 60560 $80,750.00 12 . 1307 CHESTNUT LANE YORKVILLE IL 60560 $107,804.00 13 . 1407 SEQUOIA CIRCLE YORKVILLE IL 60560 $142,658.00 14 . 1321 CHESTNUT LANE YORKVILLE IL 60560 $139,200.00 15 . 1508 STONERIDGE CIRCLE YORKVILLE IL 60560 $226,796.00 16 . 1323 CHESTNUT LANE YORKVILLE IL 60560 $130,884.00 17 . 504 POWERS COURT YORKVILLE IL 60560 $156,000.00 18 . 1371 CHESTNUT LANE YORKVILLE IL 60560 $117,435.00 19 . 1377 CAROLYN COURT YORKVILLE IL 60560 $129,463.00 20 . 1405 SEQUOIA CIRCLE YORKVILLE IL 60560 $124,895.00 21 . 207 W MADISON STREET YORKVILLE IL 60560 $1561680.00 22 . 209 E SOMONAUK STREET YORKVILLE IL 60560 $1781000.00 23 . 1415 CHESTNUT COURT YORKVILLE IL 60560 $164,277.00 24 . 209 LEISURE STREET YORKVILLE IL 60560 $150,900.00 25 . 1425 CHESTNUT COURT YORKVILLE IL 60560 $176,407.00 26 . 1383 CAROLYN COURT #11 YORKVILLE IL 60560 $115,456.00 27 . 1439 CHESTNUT LANE YORKVILLE IL 60560 $102,362.00 28 . 1452 ORCHID STREET YORKVILLE IL 60560 $133, 117.00 29 . 1506 COTTONWOOD YORKVILLE IL 60560 $140,374.00 30 . 1325 CHESTNUT LANE YORKVILLE IL 60560 $116,217.00 31 . 1517 STONERIDGE COURT YORKVILLE IL 60560 $155,277.00 32 . 201 S STATE STREET YORKVILLE IL 60560 $60,560.00 33 . 1416 CHESTNUT LANE YORKVILLE IL 60560 $123,880.00 34 . 2297 NORTHLAND LANE YORKVILLE IL 60560 $179,946.00 35 . 9261 VAN EMMON ROAD YORKVILLE IL 60560 $170,266.00 TOTAL: $4,8112011 .00 AVERAGE: $137,457.46 SS►Sf 2007 Homebuyer Assistance Affordable home ownership for families Program Outline An innovative program sponsored by communities throughout the state that offers families the opportunity to buy their own home. The home buyer assistance feature of the Assist program provides families with funds to pay all or most of their closing - 3 costs and down payment, enabling families with good credit but - little extra capital to buy their first home. Overview • Communities join together and issue tax-exempt single family bonds • Home rule communities contributes private activity bond volume cap • Non-home rule communities apply for volume cap from the State • No financial contribution or commitment required from any participant • Any Illinois municipality can participate Description of Bond Issue • Tax-exempt bonds are issued using the combined volume cap of the communities • The bonds are sold at a premium, a price greater than their face amount • Proceeds of the bonds are used to make the home loans and the assistance The bond premium supplies the extra funds to provide home buyer assistance • The bonds are not a debt of the municipalities or paid from any participating communities funds • The City of Aurora acts as issuer on behalf of all the communities • The bonds are secured by loans on homes purchased with Assist Loan Description • 30 year fixed rate loans • FHA, VA and conventional loans available • Assist pays 4.25% cash assistance to qualifying home buyers ■ 1 .00% to lender as origination fee ■ 0.25% to lender as discount fee ■ 3.00% net to home buyer for closing • Loans are funded with proceeds of the bonds • Loan interest rate determined at bond closing • Loan interest rate below conventional loan rates as of bond closing Stern Brothers & Co. Assist 2007 Homebuyer Assistance Affordable home ownership for families Page 2 Qualifying Homebuyers • First time home buyers (not owned residence in three years) Will occupy the home as their residence • Meet income guidelines • Meet purchase price guidelines Advantages • Provides additional home ownership opportunities in each Community • Home ownership provides added stability in a community • Serves the 40% of potential home buyers who qualify for loans but lack funds • Strategic alliance with lenders throughout the state • Customized marketing in each municipality • No out-of-pocket expense to any community to participate Families Qualifying for Loans Have Down No Down Payment Payment Program Details Total Home Buyer Assistance: 4.25% Closing Costs and Down Payment: 3.00% Origination Fee: 1 .25% Anticipated Mortgage Rate: 6.30% FHANA & conventional Lending Period: August 1 , 2007 through July 31 , 2008 Master Servicer: National City Mortgage Service Co. Bond Counsel: Chapman & Cutler Stern Brothers & Co. STATE OF ILLINOIS PURCHASE PRICE AND INCOME LIMITS SINGLE FAMILY PROGRAMS COUNTY NAME INCOME LIMITS PURCHASE PRICE LIMITS NON-TARGETED AREAS 1 or 2 People 3 or More People New Homes Existing Homes GONE $6600 $769590 $237,030 $237,030 UREAU $66,600 $762590 $237,030 $237,030 CHAMPAIGN $66,600 $765590 $237,030 $237,030 COLES $66,600 $76,590 $2372030 $237,030 COOK $72,400 $83,260 $325,890 $325,890 EKA g $692400 $79,810 $325,890 $325,890 UPAGE $72,400 $837260 $325,890 $3252890 GRUNDY $72,800 $83,720 $325,890 $325,890 LkNE $72,400 $83,260 $3252890 $3250890 L&NKAKEE $66,600 $76,590 $237,030 $2372030 NDALL $83,900 $962485 $325,890 $325,890 AKE $72,400 $83,260 $3255890 $32500 ASALLE $662600 $76,590 $237,030 $237,030 rEOIRIA ON $66,600 $76,590 $237,030 $237,030 BON $662600 $76,590 $253,120 $253,120 AN $73,500 $84,525 $237,030 $237,030 $66,600 $762590 $237,030 $237,030 $66,600 $76,590 $237,030 $2377030 K ISLAND $66,60 0 $76,590 $237,030 $237,030 GAMON $66,600 $762590 $237,030 $237,030 St. CLAIR $66,600 $767590 $253,120 $253,120 STEPHENSON $66,600 $76,590 $237,030 $237,030 TAZEWELL $669600 $76,590 $2375030 $237,030 VERMILION $66,600 $76,590 $2372030 $237,030 WILL $72,400 $83,260 $325,890 $325,890 WDRNMAGO $66,600 $76,590 $237,030 $2377030 TARGETED AREAS 1 or 2 Peo le 3 or More People New Homes Existin Homes GONE NA NA NA NA UREAU NA NA NA NA CHAMPAIGN $792920 $93,240 $289,700 $2892700 COLES NA NA NA NA COOK $86,880 $101 ,360 $3987310 $398,310 {AL g $83 280 $97,160 $398,310 $398,310 UPAGE NA NA NA NA MUNDY NA NA NA NA LkNE $862880 $101,360 $398,310 $398,310 LkNKAKEE $797920 $939240 $289,700 _$289,700 NDALL NA NA NA NA AKE $865880 $101,360 $3981310 $398,310 A,LE $79,920 $93,240 $289,700 $2892700 CON $797920 $93,240 $289,700 $2897700 MADISON $79,920 $93,240 $309,370 $309,370 cLEAN $88,200 $1022900 $2895700 $289,700 OGLE NA NA , NA NA PEORIA $79,920 $93,240 $289,700 $289,700 ROCK ISLAND $79,920 $93,240 $289,700 $289,700 SANGAMON $79,920 $93,240 $2897700 $289,700 St CLAIR $79,920 $93,240 $309,370 $309,370 STEPHENSON $79,920 $93,240 $289,700 $289,700 TAZEWELL $79,920 3;93,240 $2897700 $289,700 VERMILION $792920 $93,240 $289,700 $289,700 WILL $86,880 $101,360 $398,310 $398,310 WRiNE$AGO $79,920 $93,240 $289,700 $289,700 Want a home of your own, but Ae can' t meet the down payment and closing costs? The United City of Yorkville, in association with a number of Illinois communities, now offer away foryouto get a home of your own through their sponsorship of the Assist Program, a first-time homebuyer's down payment assistance program. What is Assist? Assist is a program that will offer individuals and families with a FHA/VA, or conventional, 30-year, fixed-rate mortgage and offers a full 4.25% cash gift on the amount borrowed on a mortgage to qualified homebuyers for homes in Yorkville. The cash gift may be used to offset some or all of the home loans down payment and closing costs. Assist minirm es the amount of money you need on hand to purchase your home. Am I Eligible? The program is open to individuals and families who: - meet the income and purchase price requirements. - have not owned a home in three years. - meet the qualifying requirements for a mortgage loan. - will use the home as their principal residence. - will use the program for a home purchase, not refinance. What T-ype of Home Can I Buy And How Much Can I Spend? Homes that meet the program guidelines are new or existing, owner-occupied, single family homes, town homes and condominiums. Purchase Price and Income Limits are as follows: Purchase Price Limits: Non-Targeted Targeted Area New Existing New E $325,895 $325,895 $398,315 $3983315 Income Limits: Non-Targeted Area Targeted Area 1 or 2 persons 3 or more 1 or 2 persons 3 or more $72400 $837260 $86,880 $1017360 How Do I Sign Up? 1. Contact any of the Yorkville-area participating lenders set out below. 2. Meet the program guidelines and qualify for the new home 3. Close on your purchase and enjoy your new home. Participating Lenders: Elizabeth Prickett Jennine Lee Cut Baney Jodi Wail National City Bank Chase Home Finance Blackhawk Bank Countrywide Home Loans (630) 882-8035 (708) 346-8100 x217 (815) 391-9232 (708) 364-9722 David Johnson Brenda Johnson Charlie Zine Diana Mosley Amcore Bank r Advantage Mortgage Washington Mutual Wells Fargo Home Mortgage (847) 931-6904 (630) 659-0139 (630) 368-4647 (815) 387-4393 y Eileen O'Brian Al Scionti Denise Miano Cherry Creek Mortgage Old Second Mortgage Park National Bank (630-379-8500 (630) 377-8966 (630) 386-3882 RESOLUTION NO. RESOLUTION evidencing the intention of the United City of Yorkville, Kendall County, Illinois, to issue Single Family Mortgage Revenue Bonds and related matters. WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "Issuer ") is a municipality under Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, the availability of decent, safe and sanitary housing that most people can afford is essential to retain and increase industrial and commercial activities and relieve conditions of unemployment in the United City of Yorkville, Illinois; and WHEREAS, the shortage of decent, safe and sanitary housing that most people can afford is not transitory and self-curing; the cost of financing such housing is a major and substantial factor affecting the supply and cost of decent, safe and sanitary housing built by private enterprise; and the revenue bonds provided for in this resolution will substantially lower the cost of such financing; and WHEREAS, pursuant to the Constitution and the laws of the State of Illinois, and particularly the Municipal Housing Finance Law, 65 Illinois Compiled Statutes 2006, 5/11 -74.5- 1 et seq., as supplemented and amended (the "Act "), the City Council of the Issuer has the power to issue its revenue bonds to aid in financing the cost of mortgage loans for one to four family residences in the United City of Yorkville, Illinois; and WHEREAS, it is now considered to be necessary and desirable and in the public interest of the residents of the United City of Yorkville, Illinois, for such revenue bonds to be issued in an amount not to exceed $500,000,000 in each of the next three (3) years, for the purpose of financing mortgage loans to low and moderate income persons for one to four family residences in the United City of Yorkville, Illinois; and WHEREAS, pursuant to the Constitution and the laws of the State of Illinois, and particularly Section 10 of Article VII of the 1970 Constitution of the State of Illinois and 5171inois Complied Statutes 2006, 220/1 et seq. , as supplemented and amended (the "Intergovernmental Cooperation Act "), public agencies may exercise and enjoy with any other public agency in the State of Illinois any power, privilege or authority which may be exercised by such public agency individually, and pursuant to the Act, one or more public agencies (whether or not any of them are home rule units) may join together or cooperate with one another in the exercise, either jointly or otherwise, of any one or more of the powers conferred by the Actor other enabling acts or powers pursuant to a written agreement, and, accordingly, the Issuer has previously entered into an Intergovernmental Cooperation Agreement (the "Cooperation Agreement ") dated as of April 1 , 2005, by and among the Issuer and certain other units of local government named therein (the "Units "), as from time to time supplemented and amended, to NHR Inducement Resolution - Yorkville.doc 8591/CLJarik — Non-Home Rule/Tax Exempt provide for the joint issuance of such revenue bonds to aid in providing an adequate supply of residential housing in such Units (the "Program "); Now, THEREFORE, Be It Resolved by the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1. That, in order to provide decent, safe and sanitary housing that persons of low and moderate income in the United City of Yorkville, Illinois, can afford, with the resulting public benefits expected to flow therefrom, it is deemed necessary and desirable for revenue bonds in an aggregate principal amount not to exceed $500,000,000 to be issued in each of the next three (3) years (the "Bonds "), for the purpose of financing mortgage loans to persons of low and moderate income for one to four family residences located in the United City of Yorkville, Illinois. SECTION 2. That the form, terms and provisions of the Cooperation Agreement be, and they are hereby in all respects affirmed. SECTION 3. That the Issuer is hereby authorized to apply for a volume cap allocation for calendar years 2008, 2009 and 2010 for the issuance of the Bonds, which volume cap, if granted, will be allocated to the issuance of the Bonds upon the written direction of the Mayor of the Issuer who is hereby authorized to execute any such written direction. SECTION 4. That the Issuer hereby agrees to work with Stern Brothers & Co. to underwrite the Bonds and with Chapman and Cutler LLP, as Bond Counsel, in connection with the issuance of the Bonds during calendar years 2008, 2009 and 2010. SECTION S. That the Mayor, the City Clerk and all other proper officers, officials, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this resolution, including without limitation to obtain an allocation of unified volume cap. SECTION 6. That the provisions of this resolution are hereby declared to be separable, and if any section, phrase or provision of this resolution shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this resolution. SECTION 7. That all ordinances, resolutions or orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded; and that this resolution shall be in full force and effect upon its adoption and approval. Presented, passed, approved and recorded this _ day of 2007. Mayor [SEAL] ATTEST: City Clerk Ayes: Nays: Absent or Not Voting: D Cl py Reviewed By: Agenda Item Number Jv'• A ® Legal ❑ l� ` EST - 7636 Finance ❑ fi�2-�� Engineer "' Tracking Number ® City Administrator F] Consultant ❑ El Pw dool �. �CCE d p Agenda Item Summary Memo Title: Grande Reserve Unit 12—Letter of Credit#585960 Meeting and Date: COW 9111107 Synopsis: The site development LOC is due to expire on Nov. 11, 2007. Recommend Authorizing the City Clerk to call the LOC if it is not renewed by Nov. 11, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the letter of credit if it is not renewed by November 2,2007 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Clry o� a� United City of Yorkville Memo 800 Game Farm Road EST. Baas Yorkville, Illinois 60560 { ` Telephone: 630-553 -8545 ® II Fax: 630-553 -3436 Date: August 20, 2007 To: Bart Olson, Interim City A stratorW From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City C erk Subject: Grande Reserve Unit 12 —Letter of Credit #S585960 Attached find a notice from LaSalle Bank that the letter of credit for the site development permit for Grande Reserve Unit 12 will expire on November 11 , 2007. This letter of credit, currently in the amount of $52,868.53, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to November 2, 2007. Please place this item on the Committee of the Whole agenda of September 4, 2007 for consideration. ,MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ASH AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF T L_ASALLE BANK N, A . o 3-t.O W MADISON — 2c TH FLOOR CHICAGO , I [_' raf, --al SWIFTo LA LLJS44 IL TEL-312-904-846E' nLARJST 03 , 200" UNITED CIi"Y OF YORKVIL, L:E 800 GAME FARM RD YORKkjILLL IL 613 If ¢ ° - OUR REFERENCE . SFID59GO ; IN IACCORDIANCE WITH THE'' .TERMS"AND CONDITIONS OF THE ABOVE tEFERENCED LET"IER OF CREDIT , °;THIS TS TO ADVISE .,YOU THAT , ,THE,. CREDIT WILL. EXPIRE ON NOVEMBER i1 , 2007 w ` COMPUTER GENERATED NO ,aIGMATURE RCiQU RLI± z ' . k GC . PASQUINEL_LI --GRANDE R;--SERVE i._LC Gab" I N . Fk?f7NTAC,E ftl). , X1,1 ? fE _ia7lffl s, BURR. R La1 s T1 61yc'7 ,; .;: * i a ' ° F k 1 t 5 x ` k' G a S f r ♦ t H fi d a* VT 6 1 4 - 4 air.. r ivy k !Ix 'U t` d\V c to KCY �R o .. 1 T - ti°e . x t , ,v c f i a F � T4k . j x Y O v 4 :4 xr 55 . 4; o ' 4 z . .a,� �; . ,• ., , f < , .r, 5, `trti � z > ,. �'<� xL Sf '>r * � ,y t� � ° 4 .. tca . .W r :8 ¢ f YY .: 5. . .. t 1t% Y4 O = 9 11, 1 4.�I�j' eti4 . . . > > . .a.. ... ¢ 4 z mQ f ? t f Q. LL 49 Q4 a :#s w 4 S+,E P ` S 4. S f 9 41 T t 4 IL 2 ii. ¢ 9 L j t5 .t� • f, L31%X 4541. i ty, a5. \t a 14 3 1' i, S ° i34 L si •?ia. C �tr� 't•'^x xh4_a-dhi y„t s s x, V..1 .!r^`R<*eore ,� Z-,4 5 a r'. .r: F '\ y +-m* ?-.v� c'y�-..5 { `{7en ¢ ".` f°., E �,ae., .A t a ,.. , . . . . ,,. n..ur.-v t� a at as r a s �., 4 a, mkt"��. a'-t. ..jn P .... rry. y,. at �1 d0 tl38W3W d00tle OtlWH Nov 3H1 d0 tl30W3W d00tlD OBWb Nev 3H1 dD tl39W3W dDOtlO OtlWb NBtl 3H1 d0 tl30W3W dROtlD ObWb N 3H1 dold 39W3W d00tl0 OtlWb Nbb 3H1 dO tlBBW3W d00tlD OtlWV NBtl 3411 dD b38W3V Reviewed By: Agenda Item Number J= ® Legal El (� . Finance ❑ EST 1936 Engineer 2 Tracking Number ® ® � City Administrator ❑ g � Consultant El P w cq 00.4 199 Agenda Item Summary Memo Title: Grande Reserve Unit 13 —Letter of Credit#585959 Meeting and Date: COW 9/ 11 /07 Synopsis: The site development LOC is due to expire on Nov. 11, 2007. Recommend Authorizing the City Clerk to call the LOC if it is not renewed by Nov. 11, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the letter of credit if it is not renewed by November 2, 2007 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: elA a United City of Yorkville Memo i.a '" 800 Game Farm Road EST \ ® 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 4 A G7 W 9 p Fax: 630-553-3436 <LE Date: August 20, 2007 To: Bart Olson, Interim City A 'strator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cle Subject: Grande Reserve Unit 13 —Letter of Credit #S585959 Attached find a notice from LaSalle Bank that the letter of credit for the site development permit for Grande Reserve Unit 12 will expire on November 11, 2007. This letter of credit, in the current amount of $66,340.40, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to November 2, 2007. Please place this item on the Committee of the Whole agenda of September 4, 2007 for consideration. aMEMBER OF THE ABU AMRO GROUP MEMBER OF THE ABU AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABU AMRO GROUP MEMBER OF T. L A AI .L..L= BANK s ' A, 540 W . MADISON — 26 T H FLOOR SWIFT . L_A9LUS44 0 TEL-312-904-8462 AUGUST 039 2007 UNITED CITY OF YORKVILLE E300 SAME FARM RD F YCSFtF<VIL!_E ;, IL E L5160 o . LL 0 U R REFERENCE: S583959 It I IN ACCORDANCE WITH THE "rEP.MS 4�NC} CONL3ITIOLVS OF TttE ABOVE w REFERENCED LETTER OF CREDIT , THIS IS TO ADVISE tOU THAI THE CREDIT WILL EXPLRE ON • NOVEMBER 17 , _2171 +7 kM lr f wt M COMT UTELR"GENERATED NO T. GNATURE REQUIRED yid 1J '`'Fi p'A SFJU IrdF LL ;[ --ORi�Nl7L RESERVE LL .L = C-a8 1 r N , FRONT AC;E RiT , x117 I-E 100 PtlRT2 RIDGC TL 04ac 7 I T I I ' 9 < %,I , I j r ' t il 4 y 5 ✓ \u �¢ U ILL 1 Q 1 3 f _.0 V3y kd S ,,1F9p5 1 L'ILL Ir = e x 4 1 1 r Ik 4 LI 0 4 I Li r. r t c t c. ? s'✓ ''2. '1 �; I Lt o a - ' h � H _ t g - - - � a T - sUf�' °R, t+7k ,ywio AtTsr-NAmy ysi9+�i;G * gbh XIIIiII { 4 u rkk r L, 4 w 9t gt "r 4 3 f s ' c -3 �R �5a 7-y7 'M ♦ .F ^ia ry s IF h; E � t y,yzi i�T. r1`'sci Q 4 tI - fi IZ Y � a�CE �kv B` f� 3aE lAl ° t3 ^:Nt � c E A r 2: IIN LL { 1 L t f .1 2 IL >f 5 F \ jr Ilk 02 - f p 'rt a > _ 3 Ilk g ,T Ilk r t x 1 F , m f4'h�..: n. . ..5 < v .. n. i - av s O t �+ t ,`' '�^ �4 ,+4'nr 1 .�, . Y•;% F Y -+r ! rv3G:. t,wtw.y a.vr t F. tt tlr r < x t-'T � 9 ,1 d0 H3003W 4WHO OUNV N3tl 3H1 d0 H39P131N dOOHO OHWV NBtl 3H1 HO Val dOOHO OHM NBV 3H1 d0 830N3N dOOHO O M NBtl 3H1 d0 U39 W3W d00HO OHWtl NBV 3H1 JO H38W3W dRGHO OHWv a V `�c�� CPpy Reviewed By: Agenda Item Number 4 Legal ❑ (1 A ti Finance ❑ EST : 1636 Engineer Tracking Number ® City Administrator F1 ®,G7 g1 - s=O` Consultant O Pty/ <CE Agenda Item Summary Memo Title: Grande Reserve Unit 13 — Site Inspection LOC Reduction No.I Meeting and Date: COW 9/ 11 /07 Synopsis: This reduction to the letter of credit is based on lots successfully closed out. Recommend a reduction of$15,750. Remaining amount would be $31,500. Council Action Previously Taken: Date of Action: Action Taken: Item Number. Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Deparhnent Agenda Item Notes: C,T`r United City of Yorkville 7836 County Seat of Kendall County 800 Game Farm Road o ® q Yorkville, Illinois, 60560 'p �� Telephone: 630-553-8528 �iE �� Fax: 630-553-3436 Website: www.yorkville.il.us Date: August 10, 2007 To: Joe Wywrot, City Engineer From: Jennifer Fischer, Engineering Administrative Assistan t Subject: LOC Reduction Request/ Pasq/ GR U-13 Pasquinelli Homes has submitted a request for a reduction of their Letter of Credit number 5594168 ($47,250.00; expires 10-18-07; covers final inspections), in the amount of $23,250.00. Based upon my review of the progress of Unit 13, I recommend a reduction in the amount of $ 15,750.00. When discussed with the field foreman, it was understood that these letters of credit were intended to cover the escrow amounts for only the most common failed items, but that the inspection forms would reflect actual results with those dollar amounts customarily tied to the improvements needed, for tracking purposes for future units. It appears as though Pasquinelli's reduction request has been based upon those inspection form dollar amounts, not the agreed upon amount per building; please see calculations below, used to determine my recommended reduction of $15,750.00: Unit 13 = 9 four-unit buildings Failed grading = $3000/building Failed b-boxes = $500 Total = $3500, multiplied by 150% _ $5250 per bldg, multiplied by 9 bldgs = $47,250 LOC amount Number of bldgs completed (inspections logs closed all passing): 3 3 bldgs done, multiplied by $5250 each = $15,750.00 Amount of LOC remaining after reduction of $15,750 = $31,500.00 I General Phone (630) 325-4500 Fax. No. (630) 325-0935 535 PLAINFIELD ROAD .SUITE E Closing Department Phone (630) 325-0440 WILLOWBROOK, IL 60527 Fax. No. (630) 325-2219 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn Ms. Jennifer Fischer Dear Ms. Fishcer: Pasquinelli Homes is requesting a reduction in our "Letter of Credit' for the Commons at Grande Reserve units #13 and #14 in neighborhood 3. The first unit #13 has 514 unit buildings, we request the reduction amount of $23,250.00 and unit #14 has 614 unit buildings we request the reduction amount of $ 12,875.00. Please process our request at the next scheduled council meeting and return your response in writing to: Pasquinelli Homes LLC 535 Plainfield Road Suite "E" Willowbrook, IL 60527 Attn: Paul Moravec Area Construction Manager If you have any questions, please feel free to contact me at 630/325-4500 Ext. #2178. Sincerely, k v Paul Moravec Area Construction Manager Pasquinelli Homes, LLC Page 2 UNIT #13 — COMMONS BUILDING 1 THRU 9 L.O.C. $47,250,00 BUILDINGS #3 4 unit @ $3,000.00 per unit = $12,000.00 #4 4 unit @ $3, 187.00 per unit = $12,750.00 #5 4 unit @ $3, 150.00 per unit = $12,600.00 #6 4 unit @ $3, 150.00 per unit = $12,600.00 #7 Out Lot = $12,000.00 #8 Model Sales Complex = $12,000.00 #9 4 unit @ $2,625.00 per unit = $ 10,500.00 Total $60,450.00 L.O.C. $479250.00 $12,000 per bldg — 7 & 8 $249000.00 Reduction Amount $23,250.00 UNIT #14 — COMMONS BUILDING 10 1119 139 569 57, 58 L.O.C. $47,250,00 BUILDINGS #10 4 unit @ $5,096.25 per unit = $20,385.00 #11 4 unit @ $2, 188. 12 per unit = $8,752.50 #12 Slab Foundation Hold $0 #13 4 unit @ $2,752.00 per unit = $11 ,010.00 #55 Gen X, Y, Z different plan $0 #56 4 unit @ $2,898.75 per unit = $11 ,595.00 #57 4 unit @ $2,711 .25 per unit = $10,845.00 #58 4 unit @ $2,467.50 per unit = $9, 870.00 Total $72,457.50 L.O.C. $28,875.00 $8,000 per bldg — 12 & 55 $16,000.00 Reduction Amount $12,875.00 PASQUINELLI LaSalle Bank AB N A M B 0 LaSalle Bank N.A 15255 S. 94" Avenue, Suite 300 Orland Park, IL. 60463 (708)428-4037 fax (708) 428-4033 October 12, 2006 Pasquinelli-The Commons, LLC Attn. : Mr. Don Carter 6880 N. Frontage Road Suite 100 Burr Ridge, IL. 60527 Re: Issuance of Standby Letters of Credit To Whom It May Concern: Please accept this letter as confirmation that LaSalle Bank is in the process of issuing two Standby Letters of Credit for the benefit of The United City of Yorkville as follows: Unit 13 improvements totaling $47,250 Unit 14 improvements totaling $28,875 A draft of each L/C will be released tomorrow, Friday October 13, 2006, by the end of business with the final L/Cs being issued on Monday, October 16, 2006. LaSalle Bank is also confirming that Pasquinelli-The Commons, LLC has the available credit facility and firm commitment from LaSalle Bank for these two L/Cs. If additional information is required, please contact me at 708-428-4037. F G e ly, . Arnold Senior Vice President LaSalle Bank Commercial Real Estate Division J .c 26 V� I ' _ _� \V J C7 23 24 25 WEST MILL9ROOK CIRCLE 0vG J\ > At I 2t t3 12 HATCH COURT 20 5 3 M1 1 / 15 11 G \�j �� 19 t7 I It led 3056 l - - -- - - __ V 52 13 61 55 0 y I ST --CROOKER ORIVE 5e .° e aus2 ea n i 20 19 ie ix 19 x CR0Ok6R st in I ` m 45 d' x1 Ia 1�J Q 29 L9 1] xx ~ 1 6 W 22 12 W d U5 / 0 43 W s / 35 O \\ } led , 42 led 33 \ 9 i S„OEGER �� 5 f �yOi 40 s T F 4 / 35 \ J idled bo, am „1 i 3q 3�3a:L / 0 IL '°gesr dd 3�7Sfi 7 �`.yi'� ;n qy delete Ice. It 31 f r Idled led F— tell Eat in de " I�� p C 3029 CIdd led _,. d R �dqs BOG kiq ut thoi- Me 0'7 bLIA � a5o �.blraq ' 3b �r1�5 = 1150 nQ I led el dded� DK ' SENDING CONFIRMATION DATE SEP-14-2006 THU 07: 50 - NAME UNITED CITY OF YORKVTLLE TEL 553-3436 PHONE : 8599395 PAGES : 1/1 START TIME SEP-14 07:49 ELAPSED TIME 00' 21" MODE RESULTS OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED . . ,So c/T� 0 Linked Cite of }"ork1ilie Fax 800 Game Farm RDad Yorkcitle, Illinois. G0560 Jennifer Fischer Engineering Adntiiistrative Assistant Telephone fl,�0/5:i3-ri52N Fax 530/.553-3446 ` ifischerC cr rh ille 'I s or P16& L TO:Pax: . VI U Pages: Nam= ms —. Phone: Dace: C_ 4. nn ❑ //Y��ry��en��t 1R Copy Mail" // Pl��eennse Re/riaNw,, ILS Re9ue_ls,M,Y ❑ Pbnse Repjy ❑ Hard ICJI�t tx IAJV cIp� Reviewed By: Agenda Item Number J� Legal El Finance ❑ EST l 1636 Engineer "' Tracking Number City Administrator Consultant ❑ Pal!/ A00"i — 190 El Agenda Item Summary Memo Title: Grande Reserve Unit 14— Site Inspection LOC Reduction No.I Meeting and Date: COW 9/ 11 /07 Synopsis: This reduction to the letter of credit is based on lots successfully closed out. Recommend a reduction of$15,750. Remaining amount would be $13,125. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville M 636 County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 60560 9s 20 Telephone: 630-553-8528 E Fax: 630-553-3436 Website: www.yorkville.il.us Date: August 10, 2007 To: Joe Wywrot, City Engineer From: Jennifer Fischer, Engineering Administrative Assistant Subject: LOC Reduction Request/ Pasq/ GR U-14 Pasquinelli Homes has submitted a request for a reduction of their Letter of Credit number S594169/ revised & now number S596285 ($28,875.00; expires 10-18-07; covers final inspections), in the amount of $12,875.00. Based upon my review of the progress of Unit 13, I recommend a reduction in the amount of $15,750.00. When discussed with the field foreman, it was understood that these letters of credit were intended to cover the escrow amounts for only the most common failed items, but that the inspection forms would reflect actual results with those dollar amounts customarily tied to the improvements needed, for tracking purposes for future units. It appears as though Pasquinelli's reduction request has been based upon those inspection form dollar amounts, not the agreed upon amount per building; please see calculations below, used to determine my recommended reduction of$1 5,750.00: Unit 14 = 11 four-unit buildings Failed grading = $3000/building Failed b-boxes = $500 Total = $3500, multiplied by 150% _ $5250 per bldg, multiplied by 11 bldgs = $57,750 Reduced by half due to objection & Property pins removed = $28,875.00 LOC Amount Number of bldgs completed (inspections logs closed all passing): 6 6 bldgs done, multiplied by $2625 (1/2 of $5250) each = $15,750.00 Amount of LOC remaining after reduction of $15,750 = $13,125.00 11 " Homes , General Q Phone (630) 325-4500 Fax. No. (630) 325-0935 535 PLAINFIELD ROAD SUITE E Closing Department Phone (630) 325-0440 WILLOWBROOK, IL 60527 Fax. No. (630) 325-2219 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn Ms. Jennifer Fischer Dear Ms. Fishcer. Pasquinelli Homes is requesting a reduction in our "Letter of Credit' for the Commons at Grande Reserve units #13 and #14 in neighborhood 3. The first unit #13 has 514 unit buildings, we request the reduction amount of $23,250.00 and unit #14 has 614 unit buildings we request the reduction amount of $ 12,875.00. Please process our request at the next scheduled council meeting and return your response in writing to: Pasquinelli Homes LLC 535 Plainfield Road Suite "E" Willowbrook, IL 60527 Attn: Paul Moravec Area Construction Manager If you have any questions, please feel free to contact me at 630/325-4500 Ext. #2178. Sincerely, Paul Moravec Area Construction Manager Pasquinelli Homes, LLC Page 2 UNIT #13 — COMMONS BUILDING 1 THRU 9 L.O.C. $47,250.00 BUILDINGS #3 4 unit @ $3,000. 00 per unit = $12,000.00 #4 4 unit @ $3, 187.00 per unit = $123750.00 #5 4 unit @ $3, 150.00 per unit = $12,600.00 #6 4 unit @ $3, 150.00 per unit = $12,600.00 #7 Out Lot = $ 12,000.00 #8 Model Sales Complex = $12,000.00 #9 4 unit @ $2 ,625.00 per unit = $ 10.500.00 Total $60,450.00 L.O.C. $475250.00 $12,000 per bldg — 7 & 8 $24,000.00 Reduction Amount $23,250.00 UNIT #14 — COMMONS BUILDING 10 115 13y 56 57 58 L.O.C. $47,250.00 BUILDINGS #10 4 unit @ $5,096.25 per unit = $20,385.00 #11 4 unit @ $2 , 188. 12 per unit = $8,752.50 #12 Slab Foundation Hold $0 #13 4 unit @ $2,752.00 per unit = $11 ,010. 00 #55 Gen X, Y, Z different plan $0 #56 4 unit @ $2,898.75 per unit = $11 ,595.00 #57 4 unit @ $2,711 .25 per unit = $10,845.00 #58 4 unit @ $2,467.50 per unit = $9.870.00 Total $725457.50 L.O.C. $28,875.00 $8,000 per bldg — 12 & 55 $16,000.00 Reduction Amount $12,875.00 PASQUINELLI LaSalle Bank A B N A M R O LaSalle Bank N.A 15255 S. 94b Avenue, Suite 300 Orland Park, IL. 60463 (708)428-4037 fax (708) 428-4033 October 12, 2006 Pasquinelli-The Commons, LLC Attn. : Mr. Don Carter 6880 N. Frontage Road Suite 100 Burr Ridge, IL. 60527 Re: Issuance of Standby Letters of Credit To Whom It May Concern: Please accept this letter as confirmation that LaSalle Bank is in the process of issuing two Standby Letters of Credit for the benefit of The United City of Yorkville as follows: Unit 13 improvements totaling $47,250 Unit 14 improvements totaling $28,875 A draft of each L/C will be released tomorrow, Friday October 13, 2006, by the end of business with the final L/Cs being issued on Monday, October 16, 2006. LaSalle Bank is also confirming that Pasquinelli-The Commons, LLC has the available credit facility and firm commitment from LaSalle Bank for these two L/Cs. If additional information is required, please contact me at 708-428-4037. Sinc ely, G. Arnold Senior Vice President LaSalle Bank Commercial Real Estate Division dMEMBER OF .. . 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'r.. ➢.L. +° �3g6�//' �� 398 7.00Y N 1' W ... 81'55'21" W 70T--75 I/ S 38'28.22" W A--159.681-'R-4080 B—N 90-4 . 0 _ `CB=N/00-414F. // rr�I EEE3 S 7315'42" IN' '�0J145" E 103.50• (. 7 0 M I 66-00' K N,1St7'6". ,f N 27'30'\34" `r,, ! ')RIVE ec 1Q7�96 W A=51.59' R=183.00' GRANDERESERVE / N \3 q3� 3 IZ / 954/ ym CB=S 81.36'13" W / UNIT 13 r' / �` " 7�.' ran `{Y,' m / '`WC NA f, uu11 300 w g 30.4 EBE+ 1 m Ii�]°°91 P. V \ 09991 $ •HM ql((HLL' / J No l] 509YIfl[L United City of Yorkville ha\. S00 Game Farni 1'\.( ) ad EST. 1836 1 1 Yorkville , Illinois , (� 0 ;� 60 o Ut 630/ 7 ;, ,3 - 854 Jennifer Fischer Engineering Adnuni:strative Assistant. Telephone G30/553 - 8598 Fix 6301553 - 3435 j fischerC7:� ork�•ille . iL us To: . Y � Of: I (J JC� Fax: Pages: INCLUDING THIS Phone: Date: �� i � ��- Re: Cc: ❑ Urgent [ j Please Review As Requested ❑ Please Reply ❑ Hard Copy Mailed Vlat Haag 3a 0 a c 3� 1. q p94 bldq hgtd batik; Reviewed By: Agenda Item Number ® Legal ❑ A ESi. .. 1836 Finance ❑ _' Engineer z Tracking Number ® .`® � ,` City Administrator ❑ Consultant O Pvw �q®cr�- 131 Agenda Item Summary Memo Title: Raintree Village Unit 5—Letter of Credit#FGAC-04325 Meeting and Date: COW 9/ 11 /07 Synopsis: The site development LOC is due to expire on October 11, 2007. Recommend Authorizing the City Clerk to call the LOC if it is not renewed by Sept.28, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize the City Clerk to call the letter of credit if it is not renewed by September 28,2007 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 R4 A '�` Telephone : 630-553-8545 ® Q . �. . �0 Fax: 630-553-3436 4E Nw Date: August 20, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer u6t� CC: Lisa Pickering, Deputy City Clerk Subject: Raintree Village Unit 5 —Letter of Credit #FGAC-04325 Attached find a notice from Fidelity Guaranty & Acceptance Corp. that the letter of credit for the site development permit for Raintree Village Unit 5 will expire on October 11, 2007. This letter of credit, in the current amount of $89,775.78, guarantees satisfactory completion of earthwork and erosion/sediment control work items. I have notified the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to September 28, 2007. Please place this item on the Committee of the Whole agenda of September 4, 2007 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. o 700 NW 107 AVENUE - SUITE 240 MIAMI, FLORIDA 33172 PHONE (305) 553-8724 JULY 11 2007 NOTICE OF LETTER OF CREDIT EXPIRATION _ BENEFICIARY: , APPLICANT: MAYOR AND ALDERMEN RAINTREE VILLAGE, LLC CITY OF YORKVILLE 1540 E. DUNDEE ROAD 800 GAME FARM ROAD PALATINE, IL 60074 YORKVILLE, IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-04325 PRESENTLY FOR AN AMOUNT OF USD $89,775.78 (EIGHTY NINE THOUSAND SEVEN HUNDRED SEVENTY FIVE AND 78/106 DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF RAINTREE VILLAGE', LLC. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE ' NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON OCTOBER 11, 2007 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF - CREDIT DEPT., 700 NW 107 AVENUE 'SUITE 240, MIAMI; FLORIDA 33172. ANY DRAWING RECEIVED AFTER OCTOBER 11; 2007 WILL BE REFUSED. LEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE -TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED, ACKNOWLEDGED BY, BENEFICIARY, 1p DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. JACQ L14WESOUZ4, VICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: JEAN'DANECKER 2300 BARRINGTON ROAD,' SUITE 540 HOFFMAN ESTATES;H, 60195 Reviewed By: Agenda Item Number Legal ❑ A EST Z ism Finance F1 Engineer Tracking Number ® ® ® y City Administrator F1 y .'�=O° Consultant ❑ Pw NMI a 1941 �CCE oe.°' ❑ Agenda Item Summary Memo Title: In-Town Road Program(Phase 2 Utilities)—Change Order 43 Meeting and Date: COW 9/ 11 /07 Synopsis: This change order is for various additional work items performed during construction. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J=�Jlk c/T�� United City of Yorkville Memo 800 Game Farm Road 1 . 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o y Fax: 630-553-3436 Date: August 20, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Eric Dhuse, Director of Public or Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk Subject: In-Town Road Program (Phase 2 Utilities) — Change Order #3 Attached find one copy of proposed Change Order #3 for the referenced project. This change order, in the amount of a $10,779.32 increase, is for various water and sewer work. These items are summarized as follows: 1) Washington Street Tile Repair — This item in the amount of $2052.00 is for repairing an old field tile near the dead end of Fast Washington Street. During construction of the watermain we encountered a field tile, but could not find the other end of it in order to make the repair. We instructed the contractor to extend the file until we found the other end. We did locate the tile about 35 feet away and made the repair. 2) 305 E. Fox Street Water Service Repair — This item in the amount of $ 1952.00 is for repairing a badly leaking water service. During construction of the watermain, a leak developed at the B-Box for this property. The new water service would not have been constructed for several weeks, therefore we instructed the contractor to make the repair. 3) Heustis Street Sanitary Service Repair — This item in the amount of $2055.74 is for repairing 2 sanitary services at 303 and 307 Heustis Street that NiCor bored through when they relocated the gas main. We will be requesting that NiCor reimburse the city for this expense. 4) 501 and 502 Heustis Street Sanitary Services — This item in the amount of $4719.58 is for constructing new sanitary services for 501 and 502 Heustis Street. During reconstruction of the sanitary sewer, we found that the sanitary services for both of these properties ran across their neighbor's property and/or joined with their neighbor's services to the north. These lines remained in service, but we instructed the contractor to provide new service stubs foi these lots that they could connect to in the future should they experience problems with their existing services. I recommend that this change order be approved Please place this item on the Public Works Committee agenda of September 4, 2007 for consideration. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2007 In Town Utility Program JOB NO.: YORK-040818.01 -06 LOCATION: Various Locations on site CHANGE ORDER: 3 CONTRACTOR: R.A. Ubert DATE: 8/10/2007 DESCRIPTION OF CHANGE ORDER: Various infrustructure repairs during construction ORIGINAL CONTRACT AMOUNT: [1 ] $889,661 .00 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $52,622.73 CURRENT CONTRACT AMOUNT: ([1 ]+[2]) [3] $9423283.73 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] $10,779.32 PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $9535063.05 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $63,402.05 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) RECOMMENDED,-FO rt ,CEP_�E j2h �lo'> Approved By: Resdent -nginee // Date (>$10Kor25%) Mayor Date G a/c Approved By: Contra o'r L )\ Date (<$10Kor25%) City Manager Date 211 Attest: City Ugineer 0 Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bondd,,permits, insurance and guarantees are hereby extended to incorporate this Change Order. ' J c' LJ; :JtJ:J % 11 : 25 6305° 3J'a P UEEF'T 9 ? R . A . Ubert Construction , Inc . Invoice P O Box 160 — Yorkville, IL 60560 DATE INVOICE # 630-553-3733 4/6/2007 04-472 Fax: 630-553-3744 FBILL TO Yorkvillc 2007 Utihly Imprvmnts Job #510 Unitcd City of Yurktiillc 800 Game Fm Road Yorkville, IL 60560 Lgttn:Mark La ders _ Washington Street ficid We repair TERMS PROJECT UPON COMPLFTION 510 QUANTITY DESCRIPTION RATE AMOUNT 4 John Deere 270 Excavator 77,00 308.00 1 Pipe and mission couplings 200.00 200.00 4 Ncw Holland .Skidstc r 25.00 100.00 4 Scmi Dump Truck with Driv 80.00 320.00 12 Laboren per hour 67.00 804.00 4 Operwon px hour $0.00 320.00 �Q d .S21052.00 tiJ: 0/ 2tJ d7 11 : _ - 99055 "s . p :. UEEr<T - cE R . A . Ubert Construction , Inc. Invoice P O Box 160 DATE INVOICEtt Yorkville, IL. 60560 _ 630-553-3733 416/2017 W-473 Fox: 630-553-3744 BILL TO Yorkville 2007 Utility Imprvmnts Job 0510 United City of Yorkville 800 Game Fans Road Yorkville, 1L 60560/Atm :NLu1c Landers Fixed Watcr Service on Fox Sum TERMS PROJECT UPON COMPLETION 510 QUANTITY DESCRIPTION RATE AMOUNT --_ 4 John Dear 270 Excavator 77.00 308.00 I Pipe and fittings 100.00 100.00 4 New Holland Skidnocr 25.W 10(1.00 4 Semi Dump Truck with Driver 80.00 320.00 12 LaMxers per hour 67.00 804.00 4 Operators per hour 80.00 32000 1 . Total 11 ,952.00 tj ' 1_ i3;' :i i30' 11 : ::5 b 057 i�' 44 P UEEF'T i' r== FJ4 R . A . Ubert Construction , Inc . Invoice P O Box 160 DATE INVOICE # Yorkville, IL 60560 630-553-3733 n2 zrx 7 (9.483 Fax: 630-553-3744 BILL TO Yorkville 2007 Utility improscmcnl5 0510 United City of Yorkville 800 Game Furth Road Yorkville, 11. 60560 Anti: Mn k Ltutdcrs TERMS PROJECT UPON CONTLETION 5 ) 0 QUANTITY DESCRIPTION RATE AMOUNT 8 MAN HOURS FOR OPERATOR/FORFMAN 80.00 640.00 12 MAN HOURS FOR LABORERS 65.00 780.00 4 JOHN I)F,F,RF, 270 68.93 275.72 4 SEMI-TMLER AND TRAILER 13.76 55.04 1 MATERIALS 304.98 304.98- NICOR dircctional.6oud through srmiLwy uiviceti Total 82.055.74 11 : 25 GZ0CC C 3 - -. 44 UEEPT R . A . Ubert Construction , Inc . Invoice PO Box 160 Yorkville, IL 60560 DATE INVOICE 'S 630-5533733 5/25/2007 04-se5 Fox: 630-553-3744 BILL TO Yorkville 2007 Utility improverrlentc 9510 �J - Llnitcd City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Ann: Mark Landers PTERMS � PROJECT COMPLET1014 510 QUANTITY DESCRIPTION V RATE AMOUNT I I man hours for operatodforoman 80 00 880.00 16.5 man hours for laborer.. 65.00 1 ,072.50 5.5 John Dcare 270 Exmvatpr 69.00 379.50 3 CAT 9240 Loader 32.00 96.00 5.5 Semi tractor & trailer 13.76 75.68 ' 100 was of stone 14.50 11450.00 1 materials: pipe, wyes, 22'` inscm tem clean outs 765.90 765.90 Sanitary sewer stubs imtullcd at 501 and 502 HmAis Svr^el Ynrirville i Total 54.719.58 cl).y Reviewed By: Agenda Item pNumber o Legal ❑ Finance ❑ EST 18M Engineer ' k Z'4'-7 Tracking Number f y City Administrator ❑ Consultant ❑ PW ji�� D•1 — 3� ❑ Agenda Item Summary Memo Title: River Road—Plat of Dedication MeetingandDate: COW 9/ 11 /07 Synopsis: This plat of dedication is for a 40-foot wide half right-of-way along YBSD's property west of Blackberry Creek. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: D CI P United City of Yorkville Memo J 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 P4 Telephone: 630-553-8545 Fax: 630-553-3436 <CE Eby Date: August 20, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer r4 CC: Lisa Pickering, Deputy City Clerk Subject: River Road — Plat of Dedication Attached find one copy of a proposed plat of dedication for a portion of Yorkville-Bristol Sanitary District's treatment plant property. The plat dedicates a 40-foot wide half right- of-way to the city along YBSD's River Road frontage west of Blackberry Creek. I recommend that this plat be approved. Please place this item on the Public Works Committee agenda of September 4, 2007 for consideration. CtAy Reviewed By: Agenda Item Number -ZP Legal ❑ A - lL Finance ❑ EST �_ 1836 Engineer � R(2`:f-� -�� Tracking Number 0 1 rn City Administrator F] 4A O consultant ❑ ❑ PW 0?0011 l_q <LE Agenda Item Summary Memo Title: Subordination of Surface Rights—Prairie Gardens Subdivision Meeting and Date: COW 9/ 11 /07 Synopsis: This request from IDOT is for the city to grant IDOT primary rights with respect to surface rights on an area recently conveyed to IDOT at the Rt.47/Garden Street intersection. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �EO C o United City of Yorkville Memo J 4 " 800 Game Farm Road EST _11836 Yorkville, Illinois 60560 Telephone : 630-553 -8545 o� Fax: 630-553 -3436 Date: August 29, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Mike Roth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Subordination of Surface Rights — Prairie Gardens Subdivision Route 47 @ Garden Street Attached find a request from the Illinois Department of Transportation for the city to place itself in a subordinate position with respect to surface rights at the intersection of Route 47 and Garden Street. In the early 1990's the city constricted watenmain and sanitary sewer along the west side of Route 47. These utilities were located in an easement outside the Route 47 right-of- way. When the Prairie Gardens subdivision was constricted, a section of right-of-way was conveyed to IDOT at the new intersection with Garden Street. A portion of the watermain and sanitary sewer easement is located within the boundary of the property conveyed to IDOT. IDOT is now requesting that the city agree to give IDOT primary rights with respect to surface improvements on that small piece of right-of-way. If the utilities in the easement ever need to be relocated, IDOT would bear that expense. I recommend that this document be approved. Please place this on the Public Works Committee agenda of September 4, 2007 for consideration. Illinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois 161350-0697 Telephone 815/434-6131 August 20, 2007 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Roy Wywort LAND ACQUISITION IL RT 47 Kendall County Job No. R-93-007-98 SUBORDINATION OF SURFACE RIGHTS Dear Mr. Wywrot: The Illinois Department of Transportation has accepted a Donation of Right Of Way for Public Road Purposes known as Parcel Number 3DD0011 . The subject parcel is located along IL RT 47 in Yorkville, Illinois, (Prairie Gardens Subdivision). This donation is in conjunction with a development permit application process. In order to complete the Land Acquisition process a Subordination of Surface Rights is required from the City. Enclosed are two (2) subordination forms with right of way plats attached and one (1 ) copy of the title report indicating the easement data. To aid in the identification of the project area, a highlighted plat book map is included. Please have the proper signatures affixed to the original document and return it to this office for filing. If your Easement is not affected, please notify this office in writing so we can close our files. If you should have any questions or require additional information, please contact Kristine Klieber at telephone number (815) 434-8467 or via e-mail at Kristine.KI iebereil I inois.gov. Sincerely, George F. Ryan, P.E. Deputy Director of Highways Regio n Two Engineer By: Steven B. Andrews District Land Acquisition Engineer OU1 11 : J1 Gold-Fax Message Page 6 /8 CxsJICAGO TITLE INSURANCE COMP"'y COMMITMENT FOR TITLE INSURANCE 6D T>o r . ` SCHEDULE B (CONTINUED) ORDER NO . : 1410 000486692 AU NOTE; POLICY MODIFICATION 12C APPROVED FOR POLICIES . G 7 . WE SHOULD BE FURNISHED ( A) CERTIFICATION FROM THE ILLINOIS SECRETARY OF STATE THAT 55K DEVELOPMENT L . L . C . HAS PROPERLY FILED ITS ARTICLES OF ORGANIZATION, ( B ) A COPY OF THE ARTICLES OF ORGANIZATION , TOGETHER WITH ANY AMENDMENTS THERETO , ( C) A COPY OF THE OPERATING AGREEMENT, IF ANY, TOGETHER WITH ANY AMENDMENTS THERETO , ( D ) A LIST OF INCUMBENT MANAGERS OR OF INCUMBENT MEMBERS IF MANAGERS HAVE NOT BEEN APPOINTED, AND ( E ) CERTIFICATION THAT NO EVENT OF DISSOLUTION HAS OCCURRED . NOTE : IN THE EVENT OF A SALE OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE L . L . C . OR OF A SALE OF L . L . C . ASSETS TO A MEMBER OR MANAGER, WE SHOULD BE FURNISHED A COPY OF A RESOLUTION AUTHORIZING THE TRANSACTION ADOPTED BY THE MEMBERS OF SAID L . L . C . H 8 . NOTE : THE LEGAL DESCRIPTION SHOWN IN SCHEDULE A DESCRIBES EITHER UNSUBDIVIDED LAND OR A PORTION OF SUBDIVIDED LAND . IF ANY CONVEYANCE OF THE LAND IS EXEMPT FROM THE OPERATION OF THE PROVISIONS OF THE PLAT ACT ( 765 ILCS 205/ 1 (A) ET SEQ . ) , SUCH DEED MAY NEED TO BE ACCOMPANIED BY A PLAT ACT AFFIDAVIT . IF ANY PROPOSED DEED IS NOT EXEMPT, COMPLIANCE SHOULD BE HAD WITH THE PROVISIONS OF THE PLAT ACT . 1 9 . UNDERGROUND CABLE RIGHT ON PRIVATE PROPERTY RECORDED MARCH 51 1984 AS DOCUMENT 84- 979 GRANTED TO THE COMMONWEALTH EDISON COMPANY AND THE ILLINOIS BELL TELEPHONE COMPANY FOR PUBLIC UTILITY PURPOSES THEREIN DESCRIBED OVER A 5 FOOT STRIP OF LAND ALONG THE WEST RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE 47 . SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES BY THE COMMONWEALTH EDISON COMPANY TO THE STATE OF ILLINOIS RECORDED JULY 17 , 1990 AS DOCUMENT (' 90- 4559 . J 10 . RIGHTS OF WAY FOR DRAINAGE TILES , DITCHES , FEEDERS AND LATERALS , IF ANY . 9 11 . RIGHTS OF THE PUBLIC, THE STATE OF .ILLINOIS AND THE MUNICIPALITY IN AND TO THAT PART OF THE LAND , IF ANY, TAKEN OR USED FOR ROAD PURPOSES INCLUDING THOSE PARTS OF ROUTE 47 DEDICATED TO THE STATE OF ILLINOIS BY INSTRUMENT RECORDED MARCH 311 1936 IN DEED RECORD 87 , PAGE 276 . L 12 . EASEMENT GRANTED BY MINNIE PEARLSTEIN AND OTHERS TO THE ILLINOIS BELL TELEPHONE COMPANY RECORDED SEPTEMBER 13 , 1976 AS DOCUMENT 76- 45 - 89 FOR PUBLIC UTILITY PURPOSES OVER A 10 FOOT STRIP OF LAND OVER THE WESTERLY LINE OF ROUTE 47 . M 13 . SEWER AND SEWER INTERCEPTOR EASEMENT IN FAVOR OF UNITED CITY OF THE VILLAGE OF YORKVILLE, AND ITS /THEIR RESPECTIVE SUCCESSORS AND ASSIGNS , TO INSTALL , OPERATE AND MAINTAIN ALL EQUIPMENT NECESSARY FOR THE PURPOSE OF SERVING THE LAND AND OTHER PROPERTY, TOGETHER WITH THE RIGHT OF ACCESS TO SAID EQUIPMENT, AND THE PROVISIONS RELATING THERETO CONTAINED IN THE GRANT RECORDED/FILED AS +° DOCUMENT NO . 9401682 , AFFECTING THE EASTERLY 25 FEET OF THE LAND, TOGETHER 4• WITH A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND 50 FEET IN WIDTH LYING WESTERLY OF , ADJACENT TO, COINCIDENT WITH AND PARALLEL TO THE FOREGOING DESCRIBED EASEMENT . rtrsrgaco PAGE B 2 VAP - VAP 10/ 23/ 01 11 : 43 : 25 i G � t'.'ASHIN N N h i F ON f0 tNUt,. h 2 ST Jl PS S\ OR NNGE u { / 2 Q Si W. DOLBH ST O 2 OOL QHS F �Q Z 47 O ra OLSEN ST I`'`• ' . ¢ w O BEE CH V ER = ELA ST INE w WALTER ST ST H Z w Q O 125 73 i J ELIZABETH ST � 32 33 COLONIAL PKWY ,& UNINC, \ w w 0 BEAVER ST FF P N H � N 1 W 7 � O W m WOLF ST O w UNINC ¢ � O u O O 1-11DOCN r GLENN O O \ RO O H 0 u y P 311 UNINC. FA 71 t •' '.P' 1 ti� i �', t ri lei`\ flRIS .t � MRVIE Io ` •`•`, ,,i•i• , ' IL RT 47 Kendall County Job No. R-93-007-98 Page 1 Of 5 RECORDER'S USE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES KNOW ALL MEN BY THESE PRESENTS, That the Grantor, UNITED CITY OF YORKVILLE, of the County of Kendall and State of Illinois, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($ 1 .00) in hand paid by the State of Illinois, acting by and through the Department of Transportation, or on its behalf, the receipt of which is hereby acknowledged , do hereby subordinate unto the People of the State of Illinois, its interest which has been acquired in , through , or by easement or easements dated and filed in the Recorder's Office of Kendall County, Illinois, as follows: PAGE 2 OF 5 JOB NO . R-93-007-98 PARCEL DATE OF DATE OF NUMBER EASEMENT RECORDING RECORDATION DATA 3DD0011 Sewer Easement Document 49401682 THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 40 MINUTES 5 .SECOI\?D.S WEST, ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 655 . 52 FEET TO THE TANGENT CENTER LINE OF ILLINOIS STATE ROUTE NO . 47 EXTENDED FROM THE SOUTH; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST ALONG SAID EXTENDED TANGENT CENTERLINE AND SAID TANGENT CENTER LINE, 1345 . 83 FEET; THENCE SOUTH 88 DEGREES 52 MINUTES 07 SECONDS WEST, 60.00 ;FEET TO THE WEST R. O .W. LINE OF SAID ROUTE 47; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST ALONG THE SAID WEST R. O .W. LINE, 169 .00 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 43 DEGREES 34 MINUTES 11 SECONDS WEST, 35 . 17 FEET; THENCE SOUTH 01 DEGREES 44 MINUTES 07 SECONDS EAST PARALLEL TO THE SAID WEST R.O.W. LINE, 66. 00 FEET; THENCE SOUTH 46 DEGREES 25 MINUTES 49 SECONDS EAST 35 .54 FEET TO A POINT IN SAID WEST R. O .W. LINE; THENCE NORTH 1 DEGREE 44 MINUTES 7 SECONDS WEST ALONG SAID WEST R.O .W. LINE 116.00 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS . Common Address : Route 47, Yorkville, Illinois P. I.N. : Part of 05 - 05 - 251 - 004 to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain , and control access to IL RT 47 , on the following land as shown on the attached plat in Kendall County and State of Illinois. PAGE 3 OF 5 JOB NO . R-93-007-98 Any alteration and/or relocation of said Grantor's facilities now or hereinafter made within or adjacent to the aforesaid described land , which is required by order of the state in connection with any exercise by the state of its right hereunder, shall be performed by the Grantor, but the Grantee shall reimburse the Grantor for the actual reasonable cost of such performance and the actual reasonable cost to acquire any additional replacement property necessary for such alteration or relocation. This subordination of the Grantor's easement or easements shall be effective only as to such air and surface rights and to such distances below the surface as may reasonably be required to construct, reconstruct, operate, and maintain said highway to insure adequate and sufficient lateral and vertical support thereof, and that otherwise this subordination shall in no way affect or impair the rights of the Grantor, its successors or assigns , under and by virtue of said easement or easements, including , but not limited to, the right to construct additional facilities under, over and across said highway, provided that the construction of any future facility under, over and across said highway shall be performed in such a manner as not to interfere with or impair the use of said highway and shall conform to reasonable rules and regulations as to such construction as may be promulgated by Federal or State authorities. IN WITNESS WHEREOF, the Grantor(s) (has have) hereunto set (his her their) hand(s) and seal (s) this day of UNITED CITY OF YORKVILLE BY: ATTEST: PAGE 4 OF 5 JOB NO. R-93-007-98 STATE OF ) COUNTY OF 3 SS . I , , a Notary Public in and for said county in the state aforesaid , do hereby certify that and personally known to me to be and respectively of UNITED CITY OF YORKVILLE, a Municipal Corporation , and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such and respectively, they signed, sealed , and delivered the said instrument as the free and voluntary act of said Municipal Corporation, for the uses and purposes therein set forth , and that they were duly authorized to execute the same by the City Council of said Municipal Corporation. Given under my hand and notarial seal this day of A. D. , NOTARY PUBLIC My Commission Expires: Return To And Prepared By State Of Illinois Department of Transportation 700 East Norris Drive Ottawa, IL 61350 / ^ n °52x7 E 745.71' i o t` o I90 AC) BSL r 57' 84. s 43.3 t4 w OI _ 222.65'x' — 275.00— O °p � S'TBE�s'T' oeaca rEO1 Flo% 74 07" 275-00 �C _ — S 4S'25' 49' 3554' � I � W m e+ .w IS 88,524 \4' W 300.00' x . P6 1 i (0-20 AC) sE S / r°�imTrr (j3oO+T STATE OF LLNO(S) �r SS COUNTY OF KENOALQ ~ iATK)N APPROVED BY THE MAYOR AND CITY COUNCIL OF THE UNTED CITY OF DEPARTMENT OF YORKVILLE, KENDALL COUNTY. LLNOIS THIS DAY OF CESS PURSUANT TO 2001. BY: ATTEST: MAYOR CITY CLCRK STATE OF WNW) COUNTY OF KENDALLSSS c o1 I.NMNG D C/y y Reviewed By: Agenda Item Number J� a Legal ❑ l A -}- Finance EST 1836 Engineer (29f-� . ® O City Administrator F-1 Tracking Number p Consultant ❑ gw}„ In El Agenda Item Summary Memo Title: Subordination of Surface Rights—Yorkville Middle School Meeting and Date: COW 9/ 11 /07 Synopsis: This request from IDOT is for the city to grant IDOT primary rights with respect to surface rights on an area recently conveyed to IDOT along Route 126 west of Mill Street. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 0 800 Game Farm Road ESL 1836 Yorkville, Illinois 60560 4 „ ` Telephone : 630-553-8545 op ® � Fax: 630-553-3436 . O <CE Date: August 29, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer ru CC: Mike Roth, City Attorney Lisa Pickering, Deputy City Clerk Subject: Subordination of Surface Rights — Yorkville Middle School Route 126 west of Mill Street Attached find a request from the Illinois Department of Transportation for the city to place itself in a subordinate position with respect to surface rights along the north side of Route 126 near Yorkville Middle School. In 2003 the school district constructed the new middle school along Route 126. At that time they also conveyed right-of--way to IDOT and constructed improvements to Route 126 including turn bays and driveway entrances. A portion of the property conveyed includes easements dedicated in 1967 and 1987 for watermains and other public utilities. IDOT is now requesting that the city agree to give IDOT primary rights with respect to surface improvements on the new right-of-way. If utilities in the easement ever need to be relocated, IDOT would bear that expense. I recommend that this document be approved. Please place this on the Public Works Committee agenda of September 4, 2007 for consideration. UTIllinois Department of Transportation Division of Highways / District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 August 20, 2007 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: Roy Wywort LAND ACQUISITION ILRT126 Kendall County Job No. R-93-007-98 SUBORDINATION OF SURFACE RIGHTS Dear Mr. Wywrot: The Illinois Department of Transportation has accepted a Donation of Right Of Way for Public Road Purposes known as Parcel Number 3DD0016. The subject parcel is located along IL RT 126 at Yorkville Community District #115 School in Yorkville, Illinois. This donation is in conjunction with a development permit application process. In order to complete the Land Acquisition process a Subordination of Surface Rights is required from your company. Enclosed are two (2) subordination forms with right of way plats attached and one (1 ) copy of the title report indicating the easement data. To aid in the identification of the project area, a highlighted plat book map is included. Please have the proper signatures affixed to the original document and return it to this office for filing. If your Easement is not affected, please notify this office in writing so we can close our files. If you should have any questions or require additional information, please contact Kristine Klieber at telephone number (815) 434-8467 or via e-mail at Kristine. Klieberaillinois.gov. Sincerely, George F. Ryan, P. E. Deputy Director of Highways �on—Two Engineer By: Steven B. Andrews District Land Acquisition Engineer LAWYERS TITLE INSURANCE CORPORATION OWNER' S POLICY Policy No.: A75-0616907 File No.: 04LT1883 SCHEDULE B Part 1 EXCEPTIONS FROM COVERAGE This Company does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 11 . GRANT OF EASEMENT FOR ROAD, STREET OR HIGHWAY PURPOSES DATED JUNE 6, 1949 AND RECORDED AUGUST 1 , 1949 IN BOOK 105 AT PAGE 515, MADE BY WALTER S. OLSEN AND BLANCHE E. OLSEN (GRANTORS) TO AND FOR THE BENEFIT OF THE VILLAGE OF YORKVILLE AS DESCRIBED THEREIN. 12. GRANT OF EASEMENT DATED MAY 26, 1960 AND RECORDED DECEMBER 6, 1960 IN BOOK 123 AT PAGE 401 AS DOCUMENT 132045, FOR THE BENEFIT OF ILLINOIS BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR PUBLIC UTILITY PURPOSES AS DESCRIBED THEREIN. 13 . EASEMENT AGREEMENT DATED OCTOBER 11, 1967 AND RECORDED DECEMBER 5, 1967 IN BOOK 158 AT PAGE 426 AS DOCUMENT 157548, MADE BY THE YORKVILLE COMMUNITY CONSOLIDATED GRADE SCHOOL DISTRICT 15 (GRANTOR) TO AND FOR THE BENEFIT OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE FOR THE CONSTRUCTION AND MAINTENANCE OF A WATER MAIN WITH ALL NECESSARY APPURTENANCES. (SEE DOCUMENT FOR PARTICULARS) 14. GRANT OF EASEMENT DATED MAY 24, 1978 AND RECORDED JUNE 15, 1978 AS DOCUMENT. 78-3835, FOR THE BENEFIT OF ILLINOIS BELL TELEPHONE COMPANY, ITS SUCCESSORS AND ASSIGNS, FOR PUBLIC UTILITY PURPOSES AS DESCRIBED .THEREIN. 15. GRANT OF WATER LINE EASEMENT DATED JANUARY 23, 1987 AND RECORDED JANUARY 31, 1989 IN BOOK 190 AT PAGE 43 AS DOCUMENT 890616, MADE BY YORKVILLE COMMUNITY SCHOOLS, UNIT SCHOOL DISTRICT 115 (GRANTOR) TO AND IN FAVOR OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, ITS SUCCESSORS AND ASSIGNS, A PERMANENT EASEMENT TO CONSTRUCT, MAINTAIN AND OPERATE PUBLIC UTILITIES UNDERGROUND AND FURTHER THE RIGHT OF ACCESS TO SAID AREA FOR MAINTENANCE AND REPAIR OF SAID UTILITIES. 16. RESOLUTION RECORDED MARCH 21 , 1990 IN BOOK 267 AT PAGE 291 AS DOCUMENT 901785, MADE BY THE REGIONAL BOARD OF SCHOOL TRUSTEES OF KENDALL COUNTY, GRANTING ILLINOIS BELL TELEPHONE COMPANY A NON-EXCLUSIVE EASEMENT COVERING A SMALL PORTION OF THE PROPERTY FOR COMMUNICATION AND ELECTRICAL PURPOSES AS SET FORTH IN THE GRANT OF EASEMENT ATTACHED THERETO. 17. RIGHTS OF WAY FOR DRAINAGE DITCHES, DRAIN TILES, FEEDERS, LATERALS AND UNDERGROUND PIPES AND ANY EXISTING UTILITY EASEMENTS. 18. RIGHTS OF THE MUNICIPALITY, STATE OF ILLINOIS, THE PUBLIC AND ADJOINING OWNERS IN AND TO THAT PART OF THE LAND FALLING IN STREETS, ALLEYS, ROADS OF HIGHWAYS AND THE RIGHTS OF THE PUBLIC OR QUASI-PUBLIC UTILITIES, IF ANY, FOR MAINTENANCE THEREIN dF POLES, CONDUITS, SEWERS, ETC., IN STREETS AND ALLEYS. ISSUED BY: LAW TITLE - NATIONAL DIVISION Authorized Agent for: LAWYERS TITLE INSURANCE CORPORATION 2000 W. Galena Blvd., Suite 200 Aurora, Illinois 60506 630-892-4063 This policy is invalid unless the Insuring File No. 04LT1883 q 1' BRISTOL TWP SEE PAGE 23 KENDAL L SM �RIY.EA .,;Ss M4� 1 T '1<0 31Ka^tlda O 32R 47 3x" M>2�n,� .� • . 36 - 37N . - R . 7E .County 3N 7 dBoY 2 SP m F on 106 Formal N^w RICHARD Chicago en Cn YOR ILLE OSWEGO TWP Srouls go 1 l America 8N' �NOrthern.,,m F 5'. 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Qiti PertnerahP M. _s in .._.r....... ....... .. -. ...... _ x¢u a � ¢ l- 2 Kendall County, IL ro SEE PAGE 9 LISBON TWP. © 2005 Rockford Map Pubis., Inc. 12000W 11000W 10000W 9000W 30001N 7000W 6000W John greene Land Company "Specialists in Brokerage of Development Arranmore Farm and 34 Rance Road / Oswego, IL 60543 , 0ii (630) 551-3333 office / (630) 551-3434 fax Agricultural Land www,jo hng reenela nd.co m 17 IL RT 126 Kendall County Job No. R-93-007-98 Page 1 Of 5 RECORDER'S USE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION SUBORDINATION OF SURFACE RIGHTS FOR PUBLIC ROAD PURPOSES KNOW ALL MEN BY THESE PRESENTS , That the Grantor, UNITED CITY OF YORKVILLE, of the County of Kendall and State of Illinois, for and in consideration of the sum of ONE AND NO/100 DOLLARS ($ 1 . 00) in hand paid by the State of Illinois, acting by and through the Department of Transportation , or on its behalf, the receipt of which is hereby acknowledged , do hereby subordinate unto the People of the State of Illinois, its interest which has been acquired in , through, or by easement or easements dated and filed in the Recorder's Office of Kendall County, Illinois, as follows : PAGE 2 OF 5 JOB NO . R-93-007-98 PARCEL DATE OF DATE OF NUMBER EASEMENT RECORDING RECORDATION DATA 3DD0016 10/11 /67 12/05/67 Book 158; Pg 426 : Document #157548 01 /23/87 01 /31 /89 Book 190; Pg 43 Document # 890616 That part of the Southeast Quarter of Section 32 and part of the Southwest Quarter of Section 33 , Township 37 North , Range 7 East of the Third Principal Meridian , and part of the Northwest Quarter of Section 4 , Township 36 North , Range 7 East of the Third Principal Meridian , described as follows : Commencing at the northwest corner of Lot 9 in the Edgewood Addition to the United City Of Yorkville , thence North 82 degrees 17 minutes 09 seconds West, along the westerly extension of the south right of way line of Orange Street, 50 .39 feet to the west right of way line of Mill Street; thence South 00 degrees 28 minutes 12 seconds West, along the west right of way line of said Mill Street, 1336 .33 feet to the Point Of Beginning; thence continuing South 00 degrees 28 minutes 12 seconds West, along the west line of said Mill Street, 53.03 feet to the current northeasterly right of way line of said Illinois State Route 126; thence North 57 degrees 34 minutes 51 seconds West, along said current northeasterly right of way line, 1146 .26 feet; thence North 47 degrees 24 minutes 21 seconds West, along said current northeasterly right of way line , 56 . 51 feet; thence South 57 degrees 34 minutes 51 seconds East, 1124. 92 feet; thence North 86 degrees 49 minutes 02 seconds East, 60. 12 feet to the Point Of Beginning , all in the United City Of Yorkville, Kendall County, Illinois . Permanent Tax Identification Number: 05-39-351 -001 ; 05-04-102-001 and 05-38-479-007 to the paramount right of the State of Illinois to construct, reconstruct, operate, maintain , and control access to IL RT 126 , on the following land as shown on the attached plat in Kendall County and State of Illinois . PAGE 3 OF 5 JOB NO. R-93-007-98 Any alteration and/or relocation of said Grantor's facilities now or hereinafter made within or adjacent to the aforesaid described land , which is required by order of the state in connection with any exercise by the state of its right hereunder, shall be performed by the Grantor, but the Grantee shall reimburse the Grantor for the actual reasonable cost of such performance and the actual reasonable cost to acquire any additional replacement property necessary for such alteration or relocation. This subordination of the Grantor's easement or easements shall be effective only as to such air and surface rights and to such distances below the surface as may reasonably be required to construct, reconstruct, operate, and maintain said highway to insure adequate and sufficient lateral and vertical support thereof, and that otherwise this subordination shall in no way affect or impair the rights of the Grantor, its successors or assigns, under and by virtue of said easement or easements, including , but not limited to, the right to construct additional facilities under, over and across said highway, provided that the construction of any future facility under, over and across said highway shall be performed in such a manner as not to interfere with or impair the use of said highway and shall conform to reasonable rules and regulations as to such construction as may be promulgated by Federal or State authorities. IN WITNESS WHEREOF, the Grantor(s) (has have) hereunto set (his her their) hand(s) and seal (s) this day of UNITED CITY OF YORKVILLE BY: ATTEST: PAGE 4 OF 5 JOB NO. R-93-007-98 STATE OF SS . COUNTY OF I a Notary Public in and for said county in the state aforesaid , do hereby certify that and personally known to me to be and respectively of UNITED CITY OF YORKVILLE, a Municipal Corporation , and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such and respectively, they signed , sealed , and delivered the said instrument as the free and voluntary act of said Municipal Corporation , for the uses and purposes therein set forth , and that they were duly authorized to execute the same by the City Council of said Municipal Corporation. Given under my hand and notarial seal this day of , A. D. , NOTARY PUBLIC My Commission Expires: Return To And Prepared By State Of Illinois Department of Transportation 700 East Norris Drive Ottawa , IL 61350 P.ac Nw CAP COT 9 F w IBCW PIPE _ I LDS L D11 PA.FOT3. MJ. 37' G100�5 �A� -'- PROPOSED R.O.W. A a2A - 12947 SOFT. LDS 9 L0 15D I STA rOla]I,OP �\ 56.51' ceQ 33 737N R7E 3rd PM �b y ARFA ro BE ttWKI£D G(� �. ., . T 'ASPS cxrsnNA WAY LVE i I ¢ LMF r n" AO A'a3 � y,� `✓�C ¢NICRI,A[ SEC. 32 T37N R7$ 3rd FM BOSTOL I TOWNSHIP ` SrA. 113,157.01 _ . _ . — . _ . KET.47ALL i TOWNSHIP eerz• ' N66Y9b3•f SG 4 T36N WE 3•d RN ' PA&.ssor iSwzeYr•w SPA�f� IFdI BARS ID of SET AT ALL CYMNLfS fp[TiN`ATfN STATE ¢ anmas UVNw OF NEWD.LLL { dAG L mY SIM.V' PRW6AWV. IAM AM1ElM M.YBq YfI. W / r CMIFY Mir TM Mr lY 0.YIISYAN:f N R mAW IW MCPAId LLV4 {MMX4 SVR1AMU NApU, A/9 N, PUR A/V OnIER 35TMry4NIS ¢ REP]D! FM nE 4R5 AID M/.RD4S KNFM RT FMM O- M Ifl amm UWRW g m.. MAT fAf!?ilE SV/IIGISFp/MRII V ffi'Tp D MT PMT LF TiE iWR/I[SI'WMRR ¢ YCB3V 5,[ lOM9! 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WNO rFmd Irma %ur Nw .VBB O< I m� 'P tin eeN : 11/]O/ (N 30OLti7A5 NDTER PLAT O° CONVEYANCE 1, ANNOTARON ASORENAD1 Ns - PART OF WSML E' XOWAL! P.D.B. . PUNT OF BEUNNpO YCOMbE LLAgS L Au BEARNGS ARE Ms MCD. me P"T Asav O Bn JOB Na M-007-96 ). THE MSPHO RI TS-¢-WAY SHOWN KNEW ARE PEA XKR DEED M RENRD. NOSE SM>tvtt pRAMII 9Y. DAIE 1. ALL Rl"M-CS-WAY CgVWE HEREW ME HEREBY t Mu .PW 1 5 ] CQVVEYEO TO RLL NUS OEPARTNENT ¢ MMU,DRTATLN FM M r ¢S]4D 8{: NCNL SCAfE' PUBM STRU I PURPOSES .� �.��. _ . `QED C/p y Reviewed By: Agenda Item Number Zo Legal ❑ Finance ❑ i EST. 1836 Engineer ,,��yy� p,[3�1�1 -�` i5°` "' Tracking Number City Administrator ❑ 09 `=O Consultant El Pw eaa�f - 1# 8 Agenda Item Summary Memo Title: Bristol Bay Units I through 7—Landscaping Bond Reduction#1 Meeting and Date: COW 9/ 11 /07 Synopsis: This reduction is based on work completed to date. Recommend a reduction of $652,050.63. The remaining bond amount would be$426,529.36. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: =`CEO c�T o United City of Yorkville Memo J + '° 800 Game Farm Road ESL 1 . 1836 Yorkville, Illinois 60560 14 ` Telephone: 630-553-8545 09 ® a Fax: 630-553-3436 Date: August 30, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City C erk yyy�� Subject: Bristol Bay Units 1 through 7 — Landscaping Bond Reduction #1 Federal Insurance Company Bond #8196-77-29 Attached find a request from Centex Homes to reduce the bond for landscaping for Units 1-7 of the Bristol Bay development. I have reviewed the request and concur that much of the landscaping work has been completed. There are still relatively large areas of Units 3 and 5, however, that remain undeveloped, and therefore I feel that a 70% overall completion percentage is appropriate. Please refer to the attached spreadsheet for details. I recommend that Federal Insurance Company No. 8196-77-29 be reduced by the amount of $652,050.63. The rem a Wing bond amount would be $426,529.36. Please place this item on the September 4, 2007 Public Works Committee agenda for consideration. r — w m o_ I3 o_ u N N N O Q CL O O O O N. C) � O Z O O O . -1 W N r r Q n 00 v o n n 2 co 0 o m 0 0 c c3 003o v CD n CD N N 0 C7 V N O Q O (D N N0 rr CD C0 � J Q�F O Oo O. o O d 0 �! C Oi 00 r O' .O v. (°D� (O cr w Er N O �O J O N N co O N 00 O w 00 W 00 O O D O O m y rD n (D G O O O N O CD 7J O CL C) O N c O a � 3 a < 01 0 N CD W � V C N W W W O N m ) = ( I O co O O O O0 N CO O Q C c � O n 0 O o � m a Q D CD c 3 CL rnrno (D N N Z O 3 CT CT O n O O O O) O) O W W O v D CD c r n O A A O. 4 co N N O WO N O) Z (D = O N N O N Q C (D O W W O O) O V CENTEX HOMES 2205 Point Boulevard Elgin, Illinois 60123 Phone: (847) 783-8300 Fax: (847) 783-6781 August 6, 2007 VIA Mail Joe Wywrot Yorkville City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Bond Reduction Request Bond # 8196-77-29 Dear Mr. Wywrot, It is my understanding that the improvements for the bond referenced above have been substantially completed and at this time, I am respectfully requesting a reduction of this bond as follows: Bond #8196-77-29 — Landscaping Improvements Phase 1 : Requesting a reduction of $ 713,843.00 to change the amount of the bond from $ 1,078,580.00 to $364,737.00 Copies of the Bond Recap Sheet have been provided to facilitate the review process. If I can be of any further assistance, please do not hesitate to contact Andrew Cooper or myself. Sincerely, CENTEX HOMES , yam JoAnne Bowers Senior Land Development Coordinator Cc: Bond # 8196-77-29 Travis Miller Andrew Cooper Joe Marx nmm y - Az nu .dp ldw 0 0uawu + o � Pt�nauu � � mm uN + 00m � mNPm ' 0 0 Y < p � m � nomrm � ` ca x 0 > m5z3 m m, K' � E zzNk �? � � pv " a °o3aFa mz � oz S, 3 ` zasa �. 3 � � a yGCmmmm ' mdd � '° '' w. amm o ° sA om 0mm 3 2 m 8 mae - ma � Ex ,� a 3 �. aamm � ° co _ G ? ucp to 3 yF w AK 0 ' 0 m Ae ^n :E m nommgE wv� aammowmso ^ o _ 2 nom . w vim w° n n° - mmn 3 3 w olw n m l a 0 ° m n 'n z u G O A y _ 00�n a � m Z Y m O A " T oSm U ° U � Nw0 aemmvm9 oo mmW � SNammmm � O A � n < 2rnSSSS � � S � SSLS � � � � nnnn � nn � S � LSnnSSnnaSS � Z eo n m H � O a 0000888 °00000 00m o $ e $ 00000 $ 0 O P am mg » $ « me .A � � '„ N � � '" wN Nam _ vP � az � D. W aw A o, v oJmmm °o °oo °o °o °o ooVO °o °o Comm mm " m °o rnojmm °oo °o °o m oam nA CD c n o Q sm 'o b &' &' E. os ° osswm8sm '° g, 'moss $ m � m m9m m m A A A y � dc w. S° d2 ° `a id• eC � a° 8°' A° d= �° �° �° A° d° a^ d£ A° dY d° d° dd= d° d eee° T° � � A° A° e�° mm m y _'. c c - c O mY K O O O m c y m y z zz zz li a O a n a m m x uwrwm am uw (bn w « a wN x (i " ' _ A u - m � m O O O o � � o > W m Z3 o z czz ` 'm3 � g g 8 = U o Hz : d § m - A O O o v m O T 9 A 0 4 C m m m O ron A 0 0 0 A Y m n - n ' n 0 0 0 Y Y m z z z 0 O Y ; n O Y z oho � A m 0m O0 & � NNnww � w mPno mho N � ~ o8m mYo m m N O O V `�Ep CST` Reviewed By: Agenda Item Number J� 0 Legal ❑ esr leas F-1 t_ Finance r Engineer F-1��! N City Administrator 11 Tracking Number Consultant ❑ <lE �? Human Resources ❑ f "y� City Council Agenda Item Summary Memo Title: Vision Statement City Council/COW/Committee Agenda Date: COW/CC— Sept. 11, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N /A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: az♦��a C17, United City of Yorkville Memo 800 Game Farm Road ESL , -,:. 1836 Yorkville, Illinois 60560 Telephone : 630-553-4350 0p ® Fax P 630-553 -7575 �O <LE ,Vv Date: September 6, 2007 To: City Council From: Bart Olson, Assistant City Administrator CC: Brendan McLaughlin, City Administrator Subject: Vision Statement Attached is the draft vision statement, which was prepared by Larry Maholland of Sikich. This draft vision statement takes into account all input from the focus groups and the City Council vision statement session. Larry will be present on Tuesday night to be part of the discussion, and City Administrator McLaughlin has received the vision statement in advance and has compiled some comments which will be given at the meeting. UNITED CITY OF YORKVILLE VISION STATEMENT Yorkville continues to embody the social and physical characteristics of a small town—epitomized by a sense of community and a charming revitalized downtown. The mechanisms established to engage residents, businesses, youth, seniors, and special populations, help leaders make decisions. Our strategic location will encourage continued development and expansion of the community, for which we have effectively planned. Successful planning efforts have achieved a mutually advantageous balance among retail, service, industrial and residential development. Such plans, in combination with development exaction programs, assist Yorkville in maintaining a reasonable tax base to fund services. Foresight has also prevented growth from outpacing quality service provision to an increasingly diverse population—requiring housing alternatives to accommodate a variety of income levels and accessibility preferences. Development will challenge residents' ability to effectively traverse the community. However, the Village continues to encourage neighborhood connections through its planning processes—ensuring opportunities for vehicular, pedestrian and non-vehicular travel to avoid congestion, primarily created by Route 47. Blending community with nature through beautification efforts remains a high priority. By requiring developments to provide and improve large open spaces and by creating walking paths along the river, Yorkville has ensured there is room for both recreation and relaxation in beautiful public areas. We realize that growth, diversity, and state funding limitations are all critical challenges for the community to navigate in order to maintain Yorkville's reputation for an excellent public school system. Finally, recognizing the importance of collaborative relationships to Yorkville's long-term success, we seek to foster an environment of mutual benefit among and between elected officials, staff, citizens, and other state and local governments. Our vision is brought to life through perceptions, decision-making, activities, events and experiences such as: :." Emphasizing the river and downtown as a focal points of the community's identity 0 Acknowledging and celebrating our history to provide a commonality of citizenship 0 Supporting community events that encourage a sense of family, community and affiliation :: Maintaining community assets 0 Fostering relationships and developing systems that prepare the Village for development opportunities ;: Assessing the transportation and development impact of the Prairie Parkway C? Establishing efficient development processes that allow the Village to compete for targeted development types a Safeguarding property values by adhering to high building standards .D Expanding the park system and recreational programs to support community growth a Seeking input routinely from the community on issues of significant concern &: Providing opportunities for people of similar ages and/or interests to interact. Aft Becoming a recognized leader in environmental matters, including community sustainability as Creating systems for routine collaboration among and between organizations that influence Village goals Agenda Item Number Mayor #2 Tracking Number COW 2007-21 This page serves as a placeholder for the following agenda item : Mayor #2 — Hamman Property Landfill Application Operation Discussion This item is a discussion only item. There is no information available at this time . Please contact the Clerk' s office at 630- 553 -4350 during normal business hours if you have any questions . c1p , J=` A EST. ', > :; 1836 (� LW PT, \ o xw.oueew�ry `� <LE ��'`. Agenda Item Number City Clerk #1 Tracking Number COW 2007-22 This page serves as a placeholder for the following agenda item : City Clerk # 1 — Resolution Approving the Release of Executive Session Minutes This document was not available at the time when packets were produced. The information will be distributed to City Council and posted online as soon as we receive it. Please contact the Clerk' s office at 630- 553 -4350 during normal business hours if you have any questions . qED CITY EST. , _- 1836 <LE vy`? a�QD cl)y Reviewed By: Agenda Item Number J� T Le E] P LEE) 1� l EST. 1836 Finance ❑ Engineer ❑ Tracking Number O� u City Administrator F1 Consultant ❑ P K�Y,:) a 00 _ <�E F-1 Agenda Item Summary Memo Title: Riemenschneider (Prairie Meadows) Park Construction Bid Results Meeting and Date: COW September 11, 2007 Synopsis: Bid tabulation and recommendation for the construction of Riemenschneider 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 Riemenschneider Park. Submitted by: Dave Mogle,Director of Parks and Recreation Name Department Agenda Item Notes: See attached memo cIr4 *AA 800 City of Yorkville Memo 800 Game Farm Road Est .::: : . 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 o� Fax: 630-553-7575 <CE Date: September 5, 2007 To: City Cou c 1 From: Dave Mo , Director of Parks and Recreation CC: Subject: Riemenschneider (Prairie Meadows) Park Construction Bid Results Four (4) contractors returned bids that were publicly opened on August 9, 2007 for the construction of Riemenschneider (Prairie Meadows) Park, the City's 2006 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 $ 143,718.00 $ 1715701 . 10 $315,419.60 Fuerte Systems, Inc. $228,236.00 $ 114,730.00 $342,966.00 Kenneth Co. $238,345.00 $ 133, 185.00 $371,530.00 R & W Clark $254,265.00 $135,814.00 $390,079.00 L. J. Dodd was the low bidder for the project. The bid does not include the fireman's memorial as it will be designed and constructed by the Bristol Kendall Fire Department. The total project budget is $442, 133 .00. The equipment cost is $ 103, 162.00. Park design fees through Schoppe Design are approximately $49,693 . A baseball field, to be built by parks staff (not included in the bid) will cost $ 10,000. With an additional $ 10,000 set aside for contingency, there is $269,278 available for park construction. The L. J. Dodd bid covers base bid work and all alternates, excluding landscaping, soil amendments, plant mulch, and seeding for a total of $268,237.60. In turn, park staff will do the landscaping. The bid was reviewed and approved by the Park Board on August 30. RECOMMENDATION Staff recommends awarding a contract to L. J. Dodd for the construction of Riemenschneider Park (Prairie Meadows) in the amount of $268,237.60 A. D C/Tk Reviewed By: Agenda Item Number J� Legal ❑ ��' rl- Finance ESL 1636 Engineer s $� o"( n � Tracking Number {O p.;, vj .City Administrator F1 y`=o Consultant o P W aon -I alp <LE Agenda Item Summary Memo Title: Provena-Dreyer Stormwater Basin Meeting and Date: COW 9/ 11 /07 Synopsis: The developer has unsuccessfully attempted to seal this basin, and is looking to the city for guidance on how to proceed. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Provide direction on how to proceed. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: co' United City of Yorkville Memo 800 Game Farm Road EST. , \=- 1636 Yorkville, Illinois 60560 < '� Telephone: 630-553-8545 ® Fax: 630-553-3436 <LE Date: August 6, 2007 To: Bart Olson, Interim City Adn 'strator From: Joe Wywrot, City Engineer CC: Marty Munns, Alderman Lisa Pickering, Deputy City Clerk Laura Haake, City Park Designer Subject: Proven-Dreyer Stormwater Basin In response to Marty Munns' memo, be advised that we have been working with the Proven-Dreyer contractor (Leopardo) over the past year to resolve this issue. The water level of the pond is about 4 feet lower than it is supposed to be. The design pond called for it to be sealed to prevent water from infiltrating into the sand layer beneath, but infiltration is occurring. Several ponds in other developments have been successfully sealed on the north side of town where the sand layer exists, but this pond continues to infiltrate. Attached find a letter from Leopardo summarizing their efforts to resolve this matter. We last met with them on July 11th. Possible options are: 1) Continue efforts to seal the pond. This will raise the water level several feet and eliminate most of the cattails in the center of the pond. Cattails will develop in the safety shelf around the perimeter of the pond. 2) Let the pond completely fill in with cattails and approve it in that condition. From an environmental prospective this is not a bad option, but the residential neighbors to the south may not like the appearance of the pond. 3) Revise the pond design to be an infiltration basin. This would require filling the basin with soil to a point about a foot above the existing water elevation. This would have similar environmental benefits as Option #2. Please place this item on the Public Works Committee agenda of September 4, 2007 for discussion. QED C/), , ° United City of Yorkville ' L County Seat of Kendall County EST. 1636 800 Game Farm Road o y Yorkville, Illinois, 60560 Telephone: 630- 553 -4350 ALE X August 6, 2007 TO : Bart Olson - Assistant City Administrator Travis Miller - Community Development Director Joe Wywrot - City Engineer Eric Dhuse - Public Works Director FROM : Marty Munns - Alderman Ward 3 CC: Valerie Burd - Mayor Can someone please let me know what is going on with the pond behind the Dreyer building off of John Street? There is so much growth you can hardly see the water anymore. Also, the weeds along John Street are extremely tall, some are taller than our fire hydrants. This is a safety issue. This has been brought before at city council and the residents are not too pleased about our lack of efforts in keeping this area neat and clean. Please let me know ASAP what the problem is so I may contact the residents. Thanks, Marty Munns Alderman Ward 3 Leopardo COMPANIES, INC Leopordo Construction ICI Construction Monoaement June 18, 2007 Mr. Rob Wagner Healthcare Development Partners 500 N. Michigan Avenue Chicago, IL 60611 RE: Dreyer Yorkville Pond Repairs Yorkville, IL Dear Rob: In an effort to resolve the low water levels in the Dreyer Yorkville pond, we have continued our pursuit and have undertaken the following course of action: 1 . July 2006: Tested pond liner (onsite clay material) and determined it was installed to +/- 2 ' depth as specified and confirmed that it has a permeability suitable for use as a pond liner (see TSC report dated 7/3/06). 2 . October 2006: Revised the pond inlets by removing rip-rap, injecting ben.tonite around structures, and re-installing filter fabric and rip rap. 3 . April 3 , 2007: Met on-site with TSC (testing agency), C.D. Chidester (project excavator), and Smith Engineering (project civil engineer) to discuss possible causes of reported leakage. 4. April 2007: TSC installed 4 monitoring wells around the pond to verify water levels in the pond as well as ground water levels around the pond. 5. April and May 2007: TSC has monitored the water levels. before and after rainfalls, the result of which is summarized in the attached report dated 5/8/07. 6. June 2007: Seepage Control, Inc. visited the site (Arizona company) to propose a possible method to seal the pond bottom and side slopes. Copy of proposal in the amount of $23 ,032 .00 excluding labor is attached. The resources and costs expended by Leopardo to date has been substantial, yet still no cause can be identified nor method of repair guaranteed by any of the firms specializing in pond construction. TSC's report dated 5/8/07 states that the liner is working and if the pond is leaking it is only doing so at a very slow rate. Leopardo remains committed in helping to resolve this matter, but in the meantime it may also be prudent to have Smith Engineering, Leopardo and HDP approach the Village of Yorkville to discuss other pond scenarios. Corporate Headquarters: Chicago Office: 5200 Prairie Stone Parkway • Hoffman Estates. Illinois 60192 333 West Wacker Drive • Suite 250 • Chicago, Illinois 60605 Tel: 847.783.3000 • Fax: 847.783.3001 Tel: 312.332.7570 • Fax: 312.332.7572 Yorkville Pond Status Page 92 Should you have any questions regarding this correspondence, please do not hesitate to contact us_ Sincerely, LEOPARDO COMPANIES, INC. Ja ilson Project Manager cc: Mike Leopardo Matt Miller File ^�`^ TESTING SERVICE CORPORATION Coca! Offices: /j 457 E. Gundersen Drive, Carol Stream, IL 60188-2492 Local Office 630.653.3920 Fax 630.653-2726 /_ . `:. 209 Cleveland Street. Suite C. Cary, IL 60013-2978 Julv 3, 2006 847.516.0505 • Fax 847.516.0527 401 N. Riverside Drive, Suite 24, Gurnee, IL 60031 -5914 847.249.6040 • Fax 847.249.6042 Mr. lay Wilson 203 Earl Road, Suite A Shorewood, IL 60431-9446 815.744. 1510 • Fax 815.744. 1728 Leopardo Companies, Inc. 5200 Prairie Stone Parkway 8201 W. 18340 Street. Suite C, Tinley Park, IL 60477-9249 Hoffman Estates, Illinois 6019 708.429080 • Fax 708.429.2144 2 2 Re: L-661483 PCOvena/Dreyer Yorkville Yorkville, Illinois Dear Mr. Wilson: At your request, we have completed laboratory teStincg for Hydraulic Conductivitk (permeability) of remolded soils representing the existing liner material at the detention pond For the captioned project. The laboratory testing followed the ASTA1 D 5084 laboratory procedure. The sample was obtained from the northwest corner of the pond. The soil was described as brown sandy clay hax ing a Untied Soil C lassitication of CL. The soil was remolded to a dry unit weigh[ of 103 . 2 pounds per cubic tiwt at a moisture content of 20.6 percent. The permeability was Found to be 1 -9 x 10 cmi';ec. Permeability values in a range of I x 10 3 to 1 x 10 cnt SCc are considered to represent very low permeability soils and values less than i x 10 " cm/sec are considered to represent impervious soils. / Tlae;ire ttis- out professional opitivn that the pond liner material should be considered as a surkaL?ie rnattrial for construction of detention pond liner. It has becii d picasurc to assi6i you with this %Vcrk. P! e.^.;e cal ! ; " !here are an "; "Ilejrinnc Sincerely yours, TESTING SERVICE CORPORATION Thomas Morris, P-E . Vice President TM:sa cr D ey I j TESTING SERVICE CORPORATIO IQQ]� Corporate Office: 360 S. Main Place. Carol Stream. IL 601882404 DeKalb, Illinois 630.462.2600 v Fax 630.6533.2988 Local Office: May 8, 2007 650 Peace Road. Suite D. DeKalb. 1L 60115 815.748.2100 • Fax 815.748.2110 Mr. Jay Wilson Leopardo Companies, Inc. 5200 Prairie Stone Parkway Hoffman Estates, Illinois 60192 RE: L-68,536 Existing Retention Pond Dreyer Medical Clinic 1500 Sycamore Road Yorkville, Illinois Dear Mr. Wilson: This letter presents results of the subsurface exploration performed in connection with the referenced project. These geotechnical services have been provided in general accordance with Testing Service Corporation (TSC) Proposal Number 38,053 dated April 51 2007 and the attached General Conditions, incorporated herein by reference. The project site is located to the south of the Dreyer Medical Clinic at 1500 Sycamore Road in Yorkville, Illinois. It consists of an existing retention pond with inlets at the northwest, northeast and southwest corners, and an outlet at the southeast corner. At the time of the reconnaissance, the pond level was several feet below Normal Water Level (NWL), with the safety ledge exposed. It is understood through conversations with Leopardo personnel, the pond was constructed in 2005, and that its water level has always been several feet below the NWL of 632.20. It is the feeling of Leopardo that the pond may be leaking. In an effort to stop leakage, Leopardo arranged for the soils near the inlets and outlets to be grouted with injected bentonite, and a study was done revealing that a ±2 foot-clay liner to be present where it was checked. At the request of the Leopardo Companies, a total of four (4) soil borings were performed by TSC at the project site. Borings 701 -704 were performed at the north, east, south and west sides of the pond, respectively, generally at the uphill edge of the safety ledge. A piezometer (monitoring well) was also installed in each soil boring. Each 1 " pvc well extended to a depth of approximately 10 feet below existing grade. It was screened with a 0.010 inch slot screen which was packed with sand. The upper ±3 feet of each well was chipped with bentonite. A four-inch protector pipe was used, sticking up about 2Y: feet above existing grade. Reference is made to the enclosed Boring/Piezometer Location Plan for the approximate boring/piezometer locations. The elevations were referenced to the invert of the F. E.S. at the northeast corner of the pond, assumed to be Elevation 631 .92. Existing Retention Pond - Yorkville, Illinois L-682536 - May 8 2007 The borings were drilled to a depth of 15 feet below existing grade. The borings were drilled and samples tested according to currently recommended American Society for Testing and Materiels (ASTM) specifications. Soil sampling was generally performed at 2'/ foot intervals in conjunction with the Standard Penetration Test, for which driving resistance to a 2" split-spoon sampler (N value in blows per foot) provides an indication of the relative density of granular materials and consistency of cohesive soils. Water level readings were taken during and following completion of drilling operations. Soil samples were examined in the laboratory to verify field descriptions. and to classify them in accordance with the Unified Soil Classification System. Laboratory testing included moisture content determinations for all cohesive and intermediate (silt or loamy) soil types. An estimate of unconfined compressive strength was obtained for all cohesive soils using a calibrated pocket penetrometer. Dry unit weight tests were also run on samples of clayey fill. Reference is made to the attached boring logs which indicate approximate subsurface stratigraphy and subsurface descriptions, results of field and laboratory tests, as well as water level observations. Definitions of descriptive terminology are also included. While strata changes are shown as a definite line on the boring logs, the actual transition between soil layers will probably be more gradual. Silty clay fill deposits were found at the surface of the borings, extending approximately 1 .5 feet below existing grade at Boring 701 and approximately 3.0 feet below existing grade at Borings 702-704. For the most part, the clay samples exhibited calibrated penetrometer strengths (Qp) in the range of 1 .0 to 2. 5 tons per square foot (tsf) at moisture contents of 18 to 27 percent. The have an estimated Unified classification of CL. Native sand (and gravel), and sometimes silt layers, were found below the clay fill in the borings, extending approximately 8 feet below existing grade at Borings 701 and 704. The sand and gravel with occasional sift and clay layers predominated below 3 feet in Borings 702 and 703. The silt, sand and gravel deposits were typified by N values ranging from 14 to 35 blows per foot (bpf), characterizing them as firm to dense. These deposits were sometimes described as silty or clayey. Free water was encountered in the borings while drilling at a depth of approximately 3 feet below existing grade. Upon completion, the water levels dropped to 7 to 9 feet below existing grade. The monitoring wells were installed in the borings on April 12, 2007. The wells were then developed on April 20, 2007. After development, the water level was measured on April 24, 2007 at elevations ranging from 626.0 to 627.8, with the pond at Elevation 628.7. The water levels in the wells and the pond levels were also read on April 26, 27 and 30, 2007. Please refer to the attached table for the water level readings. ( Existing Retention Pond - Yorkville, Illinois L-68$ 36 - May 8 2007 The water levels in the piezometers at all of the reading dates show that the water level at Piezometer 701 at the north side of the pond is generally 1 . 3 to 1 .6 feet below the next lowest piezometer water level. This may indicate that the groundwater flow is toward the north. This is consistent with the heavy groundwater pumping at the Kendall Marketplace project on the north side of Route 34, F-The water level readings show that the pond water level is generally around 1 to 2.5 feet above the groundwater level in the piezometers. Between the April 24 and April 26 readings, the pond level rose 8 inches upon receiving about inches of rain. After warm, windy and dry weather between the April 27 and April 30 readings, the pond level dropped about 0. 1 inches. About 1 . 5 to 3.0 feet of clay liner was found at the borings. The fact that the pond level is being held above the groundwater level shows that the liner is functional, or that the rate of leakage is being minimized. Also, the fact that the pond lost only about 1 inch of water over 3 warm, dry and windy days, while the Kendall Marketplace was dewatering, further supports the premise that the liner is functioning. Further readings are recommended over time_ In particular, it would be useful to check readings if the pond were filled. If it is possible, it would be helpful if groundwater from the nearby construction site could be used to fill the pond. Then, the performance of the pond with the water level at NWL could be addressed. The information submitted in this report is based upon the data obtained from the four (4) soil borings and piezometers performed at the approximate locations shown on the Boring Location Plan. This report does not reflect any variations which may occur between or beyond these borings . We are available to review this report with you at your convenience. Respectfully Submitted, TESTING SERVICE CORPORATION Steven R. Koester, P.E. Branch Manager SRKljt 3 L-68,536 - Existing Retention Pond, Yorkville, Illinois Measurement Water Surface Locations Date 4/30/2007 4/27/2007 4/2612007 4124/2007 4/1212007 +10 am +_4 pm ±3 om P701 626.65 626.71 626.48 625.97 N/A (north side of pond T/PVC = 632.60) P702 628.21 628. 12 627.91 627.32 N/A (east side of pond T/PVC = 633.93) P703 628.38 628.44 628.32 627.71 N/A (south side of pond T/PVC = 633.34) P704 628.39 628.38 628.08 627.82 N/A (west side of pond T/PVC = 633.61 ) Pond 629.22 629.32 629.32 628.68 628.94 P = Piezometer Note 1 : Dry weather between 4/1212007 and 4/24/2007. Note 2: Piezometers were installed in Borings 701 -704 on April 12, 2007. Piezometers were developed on April 20, 2007. Elevations referred to Inv_ of F.E.S. at the northwest comer of the pond, Elevation 630.72. Note 3: Over 2 inches of rain between 4/24 and 4/26 readings. Note 4: Minimal rain between 4/26 and 4/27 readings. Note 5: Warm, windy and dry weather between the 4127/2007 and 4/30/2007 readings. r EEO GENERAL CONDITIONS TESTING SERVICE CORPORATION Geotechnical and Construction Services 1.PARTIES AND SCOPE OF WORK U Client is ordering the perform same shall not in any way operate or excuse any for its services on the project at time of completion), the limit services on behalf of another, Cfierd represents and warrants contractor from the performance of As work in accordance on damages shag be increased to $500,000 or the amount that Client is the duly authorized agent of said party for with its contract "Contractor" as used herein shag include of TSC'S fee, whichever is the greater This charge is not n the purpose d ordering and directing said services, and in subcontractors, suppliers, architects, engineers and be construed as being a doge for insurance of arty type, such rase the term "Client" shall also include fire principal ConsWction managers. but is increased consideration for the exposure to an award for whom the services are being performed. Prices quoted of greater damages and charged by TSC far its services are predicated on the Information obtained tram borings, observetionsandanalyses conditions and the allocations of risks and obligations of sample materials shall be reported in formats considered it. INDEMNITY: Subject to the provisions set forth herein, expressed in mere General Conditions, Unless otherwise appropriate by TSC unless directed otherwise by Client TSC and Client hereby agree to indemnify and hold harmless stated in writing, Client assumes sole responsibility for Such information is considered evidence, but any inference each other and their respective shareholders, directors, determining whether the quantity and the, nature of the or conclusion based thereon is, necessarily, an opinion also officers, partners, employees, agents, subsidiaries and services ordered by Client are adequate and sufficient far based on engineering judgment and shag not be construed division (and each of their beirs, successors, and assigns) Client's intended purpose. Unless otherwise expressly as a representation of fact Subsurface conditions may not from am and all claims,demands, liabilities, suits, causes of assumed in writing. TSC's services are provided exclusively be uniform throughout an entire site and ground water action,judgmenis, costs and expenses, including reasonable for client TSC shag have no duty OrobligatonOt her than gorse levels may fluctuate due to climatic and other variations, aROmeys' fees, arising, ar allegedly arising, from personal duties and obligations expressly set forth in this Agreement. Construction materials may vary from the samples taken. injury,including death, property damage, including loss alum TSC shag have no dory to any third party. Client shall Unless Otherwise agreed in writing,the procedures employed thereof,due in any manner to the fogligerm of either of them communicate Rose General Conditions to each and every by TSC are not designed to detect intentional concealment a their agents or employees m independent contractors. In party to whom the Grant transmits any report prepared by or misrepresentation of facts by others. the event both TSC and Client are found to be negligent or TSC. Ordering services from TSCshan constitute acceptance at fault,Dien any liability shag be apportioned between them of TSC's proposal and these General Conditions. 7. SAMPLE DISPOSAL- Unless otherwise agreed in willing, at to their pmrait share of negfhgerced between TSCand test specimens or samples will be disposed immediately Crontfurtheragree that their liability to any third party shall, 2 SCHEDULING OF SERVICES The services set forth in this upon completion of The test.All drilling samplosorspecimens to the extent permitted by law, be several and not joint The Agreement will be accomplished in a timely and workmanlike will be disposed sixty (60) days after submission of TSC's liability of TSC under this provision shall not exceed the policy manner. H TSC is required to delay any part of its services report- limits of insurance carried by TSC. Neither TSC nor Client to accommodate the requests ar requirements of Client, shag be bound under this indemnity agreement to liability regulatory agencies, or third parties, or due to any cause 8. TERMINATION: This Agreement may be terminated by determined in a proceeding in whirls it did not participate beyond its reasonable control, Client agrees to pay such eftherparty upon seven days prior written Onfice.n litre event represented by its awn independent counsel.The indemnities additional charges, if any, as may be applicable. of termination. TSC shall be compensated by Client fa all provided hereunder shall not terminate upon the termination services performed up to and including the termination date, a expiration of this Agreement, but maybe Madill 101ha i. ACCESS TO SITE., TSC shall lake reasonable measures including reimbursable expenses extent of any waiver of subrogation agreed to q' ed and nr precautions to minimize damage to the site and any paid for by y was improvements located thereon as a result of its services of 9.PAYMENT: Cliient snap be invoiced periodcatlyforservices the use of its equipment however, TSC has not included in performed Client agrees to pay each invoice within thirty(30) 17 SUBPOENAS TSMs employees shag not be retained as its fee the cost of restoration of damage which may occur. R days of its receipt Client further agrees to pay interest an expert witnesses except by separate, written agreement. Client desires ar requires TSC to restore the site to its former all amounts invoiced and not paid a Objected to in writing Client agrees to pay TSC pursuant to TSC's them carent tee condition, TSC will, upon written request, perform such for valid cause within sixty (60) days at the rate of twelve schedule for any TSC employees) subpoenaed by any party additional work as is necessary to 60 so and Client agrees (12%) perannum (orghe maximum interest ratepemdRed by as an Occurrence witness as a result of TSC's services. to pay to TSC the cost thereof Plus TSC's normal markup for applicable law, whichever is the lesser) until paid and TSC's overhead and profit. costs of collection of such accounts, including court casts 13. OTHER AGREEMENTS: TSC shall not be bound by and reasonable aflamey's fem any provision Or agreement (i) requiring or providing for 4. CLIENT'S Duff TO NOTIFY ENGINEER Client adhilydgon of disputes a controversies arising out of ft and warrants that Client has advised TSC of any known of 10. WARRANTY: TSC's professional services will be Agreement a its performance, fit) wherein TSC waives any suspected hazardous materials, utility lines and underground performed, its Wings obtained and its repots prepared rights to a mechanics lien or surety band claim; („q that structures at any site at which TSC is to perform Services in accordance with these General Conditions and with conditions TSC's right to receive payment far its services under this agreement generally acceptedprinciples and practices. In perform lta mg TSC UPOT) to indemnify ymerd n any part b yon d its party am w) gnat requires prdinarily exec sedu der witluse that camstaces by Members TSCtoons we nrty beyondftsown nd, that TSC shall S. DISCOVERY OF I'OLLUTAMS: TSC's services shall not ordinarily exerdsed undersimgar cirdfnstaroes by Members General Conditions we notice.where required, lhatTSCshall include investigation far hazardous materials as defined by of its profession. In performing physical work in pursuit of file a gem whenever Mocessmy to called past due amounts. the Resource Conservation Recovery Act, 42 U_S.C.§ 6901, its professional services, TSC will use that degree of care This Agreement contains the entire understanding between at seq., as amended ("RCRA') a by any state a Federal and skiff Ordinarily used under similar circumstances- This the parties. Unless expressly accepted by TSC in writing statute or regulation. In the evert that hazardous materials warranty is in lieu of all other warranties or representations, prior to delivery of TSC's services, Client shag rot add any are discovered and identified by TSC. TSC's sole duty shag either express Of implied. Statements made in TSC reports conditions or impose cOrditions which are in conflict with be lo notify Client are opinions based upon engineering judgment and are not those contained herein, and rho such additional Or conflicting to be construed as representations of fact. terms shall be binding upon TSC_ The inamforceabi ity or 6. MONITORING: If this Agreement includes testing invalidity of conskucbm maledalsorobservi an idly any Provision a provisions shag not render any nil Y aum ersonnel v on Should TSC a any of its employees be found to have been other provision or provisions unenforceable or invalid. This of improvements, Client's construction personnel will negligenlin performing pmfessiorralservicesor to have made Agreement shall be construed and enforced in accordance verity that the pad is properly located and sized to meet and breached any express arimplied weramty representation with the laws of the State of Illinois, In the evert of a dispute Client's projected building loads. Client shall cause all or contract Client all parties claiming through Client and arising out of in relating to the Performance of this Agreement tests and inspections of the site, materials and work to all parties claiming to have in any way relied upon TSC's the breach thereof or TSC's services, the parties agree to be timely and properly performed in accordance with services orwork agree that M maxim imaggregate amount iy in ,good faith to settle the dispute by mediation under the plans, specifications, contract documents, and TSC's of damages forwhich TSC, its officers,employees and agents the Construction Industry Mediation Rules of the American recommendations. No claims for loss, damage a injury shall be liable is limited to $50,050 or the total amount of ArbitrationAssocfalion as a condition precedent to filing any g be brought against TSC unlessalf tests and inspections the fee paid to TSC for its Services performed with respect demand for arbitration, Or any petition or oomplaint with any e been so performed and unless TWs recommendations to the project whichever amount is greater. court Should litigation be necessary, the parties consent to have been followed. jurisdiction and venue in an appropriate Illinois State Corot in In the event Client is unwilling a unable to fxmfl the damages and for the County ofDuPage,Wheaton. ItlirwisOr the Federal TSC's services shag not include detemtinirhg a implementing forvvhichTSC may be liable inaccadance wil h the pmviski s D'ubict Court fa the Northern District of Illinois- Paragraph the means, methods, techniques Or procedures of work set faith in the preceding paragraph, upon written request headings are far mmenience only and shag not be constued done by the contractors) being monitored or whose work is of Client received within five days of Client's acceptance of as limiting the nneanng of the provsions contained in greed being tester. TSC's services shin not include the authority TSC's proposal loge Ner with payment of an additonal fee General Conditions to accent a reirf mnh nr in in 2,,,, �,m..,.e. .....,....:__ :_ ..._ ___._ . _, .... . , ___. _ _ TESTING SERVICE CORPORATION UNIFIED CLASSIFICATION CHART CRITERIA FOR ASSIGNING GROUP SYMBOLS AND SOIL CLASSIFICATION GROUP NAMES USING LABORATORY TESTS o an GROUP NAME e SlneM GRAVELS Cot a end I <CC c 1 O more than 50% CLEAN GRAVELS e Got Wtlt graded 9rerelf O Or At co*ese Les tens 5 % j t ImcNOA ielanee lines Ca < c Deng/or p Cc 1 e GP Poorly ranee gravel q qra G cc on No, a nave GRAVELS WITH Fines classirr as ML or Met GM Silts gravel l,q,n FINES Mara than Z IZ% Geesa Fines classify as CL at CH GC Closer gravel f, 9.h o e SANDS CLEAN SANDS Cu _ 6 and 1 Cc cy e me SW Well-graded and 1 O 50 % or more Less them 5 % a e of coarse fir e% e Cu -t 6 and/or I > Cc a 3e SP Poorly 9roecds soM 1 o fraction asst - Me a SANDS WITH FINES Fr°ea °tassels as ML or YN SN SIOi rand q,L,l More tern 12 E serf fen <ad Fines classify as CL or CH SC Closer sand g,n,f P I >T and Plots o n or above O SILtS B CLAYS -A Lae j CL Leon clay a .l, m Liquid limit OrpOm N Plcf or plats eebw, A line 1 ML Silt e •1•m m ¢ less rhea SO'/a O w O v Orpe.ric Liwid Emit —arm dried OL Organic clay tJ.m n Li9ad limit — not dried ° O. 75 Z - 0r90nic silt Ll ,m,o Q o� - ¢ uw I t SILTS R CLAYS P i Profs en or overt 'A l:oe CH Fes clay LJ m z E lwvevc Liaa;e I:ma PI plots eelea A Un 51 % or more a YH Elatt:< vn 4.m e 0 Li t' krn;t -ovrn dfroe Orgewi< aD. TS Organic clay qJ•°rp Lra+^d ImD - net dried ON Organic t:H LJ,m, p HigMy organic sons Pr:mar;lf Organic maMegdare in color, and Organic Door pY peer b.1 seYOntne material pav6q the 3-in f75-mm) A;e L H AHerpest Limits pint in hatched ar ail :t a se tones contained atenlea dray eoulders.ede a "mite Coenle me/sir naalderi ea. t ;. Group same_ CL- ML, silty clay. c Guards w;n 5 to Q % Ines reaare dent s]sion s t x soli contains 15 lu 29 % pros Na. 200,0 sill "With surd GW-GY null graded gravel ANN sill or o milk proves whichever As gcdwniomH. 6W-GC Well graded grove WYn chap, L xsuil cautions r_ 30 % plus Me. 200, predomina sty soap, Gp-GM hourly graded grovel with soil odd send GP- 6C poorly graded gravel with clap, 1 to grasp borne. d. Sends with 5 % to 12 % times m. It soil omtoins=30 % plus N0.200.predom;noatq grmel, SW-SM wall graded send wiMrsiry re dual symools add 1grovellyn to group n SW-SC well graded need ";IN clay n. PI ?d d m en plott Argues byline. SSP-Sol Paget logge ";IN send with sin a PI>_ e Or plea below Y line. SP-SC poorly ground send Orbs clay P. PI Pmts an or above new time. Q. 2 d, PI Plats bNew "3 line. Cu tDGOID IO i n LD301 DID s DGD E U tiOF' emdoins> 15% send,odd"nAh sane to grow name. name. g. U fine classify NO R-YL.vse deal NAwbA GC -GM,SC-SM n. H fMe add" with organ grasp Nome, opaac. 'c tines ve 1 It soils coma;na > R % grorei,edd"viM gravel to ¢ow m 60 rne. 50 eJ O� AO OP x p NOW Z f / ,y V ago M H OR O QL Up GV 10 ML O OL d _ TESTING SERVICE CORPORATION LEGEND FOR BORING LOGS - f i O Q• FILL TOPSOIL PEAT GRAVEL SAND SILT CLAY DOLOMITE SAMPLE TYPE: SS = Split Spoon ST = Thin-Walled Tube A = Auger FIELD AND LABORATORY TEST DATA: N = Standard Penetration Resistance in Blows per Foot We = In-Situ Water Content Qu = Unconfined Compressive Strength in Tons per Square Foot Pocket Penetrometer Measurement; Maximum Reading = 4.5 tsf rD = Dry Unit Weight in Pounds per Cubic Foot WATER LEVELS: While Drilling End of Boring 24 Hours SOIL DESCRIPTION: MATERIAL PARTICLE SIZE RANGE BOULDER Over 12 inches COBBLE 12 inches to 3 inches Coarse GRAVEL 3 inches to Y/4 inch Small GRAVEL 3' inch to No. 4 Sieve Coarse SAND No. 4 Sieve to No. 10 Sieve Medium SAND No. 10 Sieve to No. 40 Sieve Fine SAND No. 40 Sieve to No. 200 Sieve SILT and CLAY Passing No. 200 Sieve COHESIVE SOILS COHESIONLESS SOILS CONSISTENCY Qu RELATIVE DENSITY N Very Soft Less than 0.3 Very Loose 0 - 4 Soft 0.3 to 0.6 Loose 4 - 10 Stiff 0.6 to 1 .0 Firm 10 - 30 Tough 1 .0 to 2.0 Dense 30 - 50 Very Tough 2-0 to 4.0 Very Dense 50 and over Hard 4.0 and over MODIFYING TERM PERCENT BY WEIGHT Trace 1 - 10 Little 10 - 20 Rnmu 9n - Qc PROJECT Existing Ret. Pond, Provena/Mercy Med. Ctr., 1500 Sycamore SL, Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois BORING 701 DATE STARTED 410-07 DATE COMPLETED 410-07 JOB L-68,536 : ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 630.1 0 WHILE DRILLING 3.0 ' END OF BORING 615.1 AT END OF BORING 8.5 24 HOURS rL xw E > z o SAMPLE a a NO. TYPE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS D FILL - Brown and dark brown silty CLAY, little to some sand, trace gravel, trace organic, moist (CL) A SS 5 78'0 2.5' 706 1.5 628.6 7 5'0 Loose light brown medium to fine SAND, B trace gravel, slightly moist (SP) 3.0 627.1 z ss 74 Firm light brown SAND, some gravel, trace silt. wet (SP) 5 5.5 624.6 Firm light gray silty medium to fine SAND 3 SS 17 152 and sandy SILT layers, trace gravel, very moist to wet (SM/ML) 8.0 622.1 F Q W W w 4 SS 8 11 .0 0.5• Soft light gray very silty CLAY, trace to little ti sand, trace gravel, very moist (CL-ML) 10 W a 10.5 slss a vi 5 SS 27 11.7 4.5+' o Very tough to hard gray very silty CLAY, little La sand, trace gravel, occasional silt seams, moist (CL) w u Q 6 SS 17 724 3.0' m 15 H ' Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 s n u m m 2 25 PROJECT Existing Ref. Pond, Provena/Mercy Med. Ctr., 1500 Sycamore SL, Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois BORING 702 DATE STARTED 410-07 DATE COMPLETED 410-07 J08 L-6$1$36 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 631 .3 0 WHILE DRILLING 3.0 END OF BORING 616.3 0 AT END OF BORING 9.0 a ® 24 HOURS xw F > L9 00 SAMPLE m m N WC Qu ^/DRY DEPTH ELEV. SOIL DESCRIPTIONS 0 .] K NO TYPE FILL - Brown silty CLAY, trace to little sand, i SS 7 22-5 1 -0' too trace gravel, trace organic, very moist (CL) 3.0 628-3 2 Ss 13 Firm yellow-brown and light brown SAND 5 and GRAVEL, little silt, wet (SP-SM/GP-GM) =_ 5-5 625.8 Firm light brown medium to fine SAND and ® 3 ss 27 GRAVEL, trace silt, occasional Cobbles, wet (SP/GP) F 8-0 623.3 Gl '7 Firm light gray clayey SILT, little to some 1u 4 SS 16 10.9 z sand, trace gravel, occasional sand seams, 10 moist (ML) m U 10.5 620-8 x 5 SS 20 13.5 4.5+• Hard light gray very silty CLAY, trace sand o and gravel, moist (CL) a m 13.0 618-3 w Dense tight gray medium to fine SAND, wet z s ss 44 (SP) v, 15 H Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 S 0 a' ti a' 0 O 94 PROJECT Existing Ret. Pond, Provena/Mercy Med. Ctr., 1500 Sycamore St., Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois BORING 703 DATE STARTED 4-10-07 DATE COMPLETED 4-10-07 JOB L-681536 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 630,9 0 WHILE DRILLING 3.0 END OF BORING 615.9 0 AT END OF BORING 8,0 a ' 24 HOURS x > F > z u SAMPLE a a NO. TYPE N WC Qu YDRY DEPTH ELEV. SOIL DESCRIPTIONS 0 FILL - Brown and light brown silty CLAY, 1 Ss 5 271 1.5' 97 trace to little sand, trace gravel, moist (CL) 3.0 627.9 2 SS 10 Firm light brown medium to fine SAND, trace gravel, trace silt, wet (SP) 5 5.5 625.4 3 SS 17 Q Firm light brown SAND and GRAVEL, little w _ silt, wet (SP-SM/GP-GM) T4 4 SS 15 z — 10 IJ � � 10.5 620.4 w rr 5 SS 29 Firm tight brown silty SAND and GRAVEL, a occasional Cobbles, wet (SM/GM) 0 a w 130 617.9 m . 1 Dense light gray medium to fine SAND, little 6 ss 35 silt, wet (SP-SM) F 15 H Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 0 c? 'a U F 4 N m 0 25 PROJECT Existing Ret. Pond, ProvenalMercy Med. Ctr., 1500 Sycamore St., Yorkville, IL CLIENT Leopardo Companies, Hoffman Estates, Illinois BORING 704 DATE STARTED 410-07 DATE COMPLETED 410-07 JOB L-68,536 ELEVATIONS WATER LEVEL OBSERVATIONS GROUND SURFACE 631 .2 0 WHILE DRILLING 3.0 END OF BORING 616-2 Q AT END OF BORING 7.5 ' 24 HOURS x xw U > Z SAMPLE W z NO. TYPE N WC Ou TORY DEPTH ELEV. SOIL DESCRIPTIONS 0 Firm brown silty CLAY, trace to little sand, I ss 3 210 1.0• trace gravel and organic, very moist (CL) 3.0 6282 2 SS 18 Firm light brown SAND and GRAVEL, little silt, wet (SP-SWGP-GM) 5 ®_ 5.5 625.7 3 SS 18 Firm light gray sandy SILT, trace gravel, very moist (ML) 8.0 623.2 F w w 4 SS is 9.7 4.0' z 10 w U a a Hard light gray very silty CLAY, little to some s ss zs a.z 4s+• sand, trace gravel, occasional Cobbles, a moist (CL) 0 a w m E4 U 2 6 SS 29 7-9 4.5+0 N 15 O Approximate unconfined compressive strength based on measurements with a calibrated pocket penetrometer. 20 s a' U F 'a w m 0 7S 37 ` '• 37 r 61�8 f li G 201 ' 3 � 36 s . t, If 101 s DR EYER 3 s 100 4®r D �dCrj Ile, 68153 2007 PROPOSED ILI, j` SEZ3MENTA770N N f i BASIN -- .- ✓ f � i N4 - i B ! 2 L L ockrt OAl T/p le i F t � f PRO DERNIM-.PWD-' 1 . = 6J5.$0 612.20 � = r f � ' f 433 13 i � t f •. r 1 f 1 �,\ t t x Page i of 2 Jay G. Wilson From: Shawn Walstad [shawn @seepagecontrol.coml Sent: Wednesday, June 06, 2007 3: 12 PM To: Jay G. Wilson Subject: RE: Yorkville Pond pricing Attachments: WB-SO Combo Specs_pdf Jay, Thank you for your quick response. The price breakdown below is for a shipment delivered to your address in Hoffman Estates, IL. A total of twenty-nine drums will be shipped and applied, and the actual freight price will only vary by a little bit, depending on the actual shipping address. The price breakdown for this pond is as follows: ESS-13 for a Spray-On application on the upper shoreline ( 1 ,080 linear feet of slope) _ $9,072 ESS- 13 for a Waterborne application on the bottom 1 /2 of the pond area - $ 10,010 Supervision and airfare for this application $2, 100 - Freight to the site (estimate) $ 1 ,850 - This price does not include the equipment and operators necessary to spray the ESS-13 on the soil, and the labor to prep the area around pipes, etc. I have attached application information for both methods in a pdf file. Please respond here with any additional questions, or please call me on my cell at 480-797-7341 . Either way, I look forward to the potential of working with you soon! Thank You, Shawn Walstad Sales Manager Seepage Control, Inc- 480-797-7341 (cell) From: Jay G. Wilson [mailto:JGWi[son @leopardo.com] Sent: Tuesday, June 05, 2007 8:01 AM To: shawn @seepagecontrol_com Subject: Yorkville Pond pricing Paae 2 of 2 Shawn Got your voice mail and will look for your pricing today. Jay. G. Wilson Project Manager Leopardo Construction 5200 Prairie Stone Parkway Hoffman Estates, IL 60192 (847) 783-3528 office (630) 675-4703 cell (847) 783-3529 fax iowil son(dleoo a rdo.com www. leopardo_com l R S ° 1 x:111 11 . , 4� b z t , 2i ILI I. Ma .0 . �� _ IF C OFF ILL jjjj� yy are . rt � �n � � .. ^ A 1 C yes 2 N a l14 19 rrrr M Mo ! I 1p r + #0 FOC IAf 2 A k. rn W Go ILL. ZFr ypW k i ILL R T F �f y F 4 ti • e $w s*' i yzA,l Ems' �' 1 - 3 -r L. 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O w m O E n N ° m c Q 0 ° —> O C O ° N c Q O ` S ® E Y 0 Egjm ry w ry N o as -° o a € ° o ° 3 w 3 /� a > Q v w N a co rn Ro o a -a @ m w i u Y T N ..O N C O A L 0 V Q C v N N O 7 Q " '^ rU1 O C d Q m w w O- c Y V C ¢ m v7 s v v Q s v w c cn 3 N of Y c o _ c . Cww > a o `0 L '_' -3 dd j -C w O -0 o o- -o s o v v Wiz- N O c v Q a .; L i C N £ M Ln C N U N tw tw m OL ° v c '� V _O :3 N K O w O 0 O _ n > 0 n aJ L L � L C al L Q � L U Y V1 F-' ~' �- m F•-• - LL w s �- m y w C/pk Reviewed By: Agenda Item Number T Legal ❑ Finance ❑ EST -1838 Engineer ❑ Tracking Number {O� ,� y City Administrator F-1 Consultant ❑ PW ato _ 151P ALE F1 Agenda Item Summary Memo Title: Well 7 Update Meeting and Date: COW 9/ 11 /07 Synopsis: Update on Well 7 Status Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: FYI Council Action Requested: FYI Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: raj 001 August 17, 2007 United City of Yorkville, IL WELL NO, 7 TO: Brian Sorenson RE: Additional Update on Repair of the 400HP Byron Jackson submersible pump Brian: As we discussed yesterday, we have completed the "Inspection Phase" on the 400HP Byron Jackson submersible motor and the Byron Jackson CIBF bowl assembly. The motor was analyzed in our yard by Wray Whisenant, our chief technician on Byron Jackson motors, as well as by Chuck Behrens, our retired Byron Jackson Specialist. The megger readings were 50 megohms, which is actually higher than when we pulled the motor to the surface, presumably due to ambient air temperature drying. The other checks were satisfactory also. But. . . .the seal was disrupted and while we feel that this motor could be reused with extensive field work here, we recommend that the motor be shipped back to the factory for teardown and inspection. With the good megger readings, we would expect that nothing needs to be done with the windings, hopefully just routine repairs. As mentioned in the previous report, this process can take 6-7 weeks or more, but it is definitely the best course of action. We will be provided a detailed inspection report and estimated repair costs. From similar jobs in the past, the cost could be in the range of $25,000 - $35,000. The bowl assembly was successfully pressure-tested and then disassembled to check for any other damage and wear. The integrity of the castings appear sound and there is minimal wear. Thus, the bowl assembly can be reassembled with just minor costs expended. The lone inspection process left is to look over the 10" T&C linepipe, which was left at the site. We will want to check for any looming thread washouts and at the very least, we probably should remove all of the couplings to check those pipe threads. Since we believe the drop(s) to the bottom of the well was "soft", any impact on the connections should have been greatly lessened so that complete rethreading is not necessary. But, we have asked for pricing from our main pipe supplier, to cut and rethread all ends and replace all couplings. Once this pricing is known and the inspection at the site is done, we can discuss what to do with the pipe. We would not expect this process to slow down the project. I believe this updates you and the City for now. As we move forward and more information becomes available, we will advise you immediately. TOM HEALY Reviewed By: Agenda Item Number a= R Legal ❑ I% V�J > Finance ❑ EST. 1836 ham— F-1 Engineerj' Tracking Number � ® � City Administrator �1 Consultant ❑ PW 0?001 —/141 Agenda Item Summary Memo Title: Updated 6-year Capital Improvement Program Meeting and Date: COW 9/ 11 /07 Synopsis: This updated program lists proposed capital projects from Fiscal Year 07-08 to Fiscal Year 12-13. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Consensus by Committee of the Whole Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: o United City of Yorkville Memo 800 Game Farm Road EST. 1 - 1836 Yorkville, Illinois 60560 ME Telephone : 630-553-8545 ® � Fax: 630-553 -3436 LE Date: August 31 , 2007 To: Bart Olson, Interim City Administrator .. _ From: Joe Wywrot, City Engineer ,Administrator CC: Eric Dhuse, Director of Public Works Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk Subject: Updated 6-year Capital Improvement Program Attached find proposed revisions to last year's 6-year Capital Improvement Program. Multi-year projects are listed with their total cost only in the year they are scheduled to begin, unless they will be constructed as separate, phased projects. All project costs are for construction and related construction engineering unless indicated otherwise. Debt service for past projects is not listed. Some projects scheduled for developer funding may be delayed due to the lack of funding. Costs for ongoing and imminent project were updated based on best available information. Proposed major revisions to last year's approved plan are as follows: General • Various projects were moved up or back one year based on available funding or on the progress of our overall water, sanitary sewer, and roadway projects. Water • Design of the south regional water improvements were added in FY 08-09. Construction of these improvements is tentatively scheduled to begin in FY 10- 11 . Sanitary • Construction of the Rob Roy Creek Interceptor — North Branch 2, was added in FY 08-09. • Replacement of an old sanitary sewer that is located in an easement at 202 River Road was added in FY 12-13. Streets • Widening of Route 47 from Comeils to Jericho was deleted. This project will not proceed due to lack of developer funding. • McHugh Road (Spring to Walnut) was moved up to FY 08-09. • Continuation of the In-Town Road Program was added, with design engineering shown in FY 08-09. Construction of Phase 3 would be in FY 09-10 and Phase 4 in FY 10-11 . Miscellaneous • Design and construction of the Com Ed bike trail was added, to be completed over a 3-year period. • Annual funding was added for construction of additional bike trails. • Annual funding was added for planting of parkway trees. Please place this item on the Public Works Committee agenda of September 4, 2007 for consideration. 0 C:�, C:� C:�, C� � C� C� C� C� C� C� C� c:T 6 6 C� C:7 C� C� C; C5 e C� C5, C5 C7 � mm —0 6 kr� 6 C:� C7 C5 C5 6 e e C; CT 6 C; 6 cq C; C7 6 "i, C5 6 6 6 ar 6 vi� C7 Lr� ra ti 9b Eo 25 0 u 0 m 0 0 t:, .2 0 g4 W = , 9 0 w 0 P4 w 0 0 0 0 0 o P4 o 12 MP 0 14 04 0 C4 0 *05 0 0 0 0 P4 W" 8 �: d M Ei 0 �t �: -9 0 P4 0 0 0 0 Sj M 0 as z C4 0 k5 r2 z m = z 15 -S o 0 vi 0 P4 z 0 'a� (;z 'Q� G, a 'C� �a Z4 o ° °o d F es o o � N v o `no°" o o ._- m 69 V3 69 69 69 (A 69 69 .'+ FA b9 N 64 y9 Q y o 0 0 0 0 0 0 0 0 0 0 0 0 v 0 0000" 00 0 0000 0 ° 6N9 -zi 6N9 6N9 m N V! Vi U O a O O 69 N O U � (3 V3 4Y 69 6�T9 U1 x v� W N O itl ttl N itl � itl F F F F F F F en U q 'CO N a N p O � N q U _ b 'c o O�d w CG C Q y •� .-� _. 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' � P4 %Aw u7 yU � a wU °� °�, wU � o �v' E w' E E �, ❑ U g ?, Eo wxAaw° U � rxwQF[UU �,^ wwa wva moo, a� wW wa� romw a�ipq m :° o -a v � eo ^ma ov mC ao .c' .^, .k ^ E roa oo vG` ap oo m m :° vv yea oo Summary of Capital Improvement Program 30-Aug-07 Funding Source Year Catego General Fund Water Sanitary MFT Developer FAU Other Grant Total 07-08 a) Water Improvements $704,000 $9005000 b) Sanitary Improvements $ 1,604,000 c Street Improvements $200,000 $200,000 p $2,410,000 $292,800 $ 160,000 $ 150,000 d) Miscellaneous Improvements $567,500 $3,012,800 75 000 $ 1 ,326 50 Totals $2,9777500 $704,000 $292,800 $2,019,000 $1503000 $6, 143,300 08-09 a) Water Improvements $2,720,000 $83855000 b) Sanitary Improvements $ 15759000 575,000 $ 11 ,575,000 ,760,000 $8,335,000 c) Street Improvements $ 1, 130,000 $ 120,000 $ 1 ,300,000 $1002000 $2,6503000 d) Miscellaneous Improvements $5,216,000 00 000 $5.31U00 Totals $6,3461000 $2,720,000 $ 1,5752000 $ 120,000 $16,915,000 $100,000 $ 100,000 $27,876,000 09-10 a) Water Improvements $ 15020,000 $ 175,000 b) Sanitary Improvements $200000 $ 1 , 195,000 $11,750,000 $ 11,9501000 c) Street Improvements $3,3709000 $2,991 ,000 $65770,000 $2,260,000 $ 15,391 ,000 d) Miscellaneous Improvements 495 0 $ 1 &000,000 $ 1 200,000 $19,695,000 Totals $3,8655000 $ 1 ,020,000 $2001000 $2,991,000 $36,695,000 $2,260,000 $15200,000 $48,231,000 10-11 a) Water Improvements $ 1,200,000 $ 1,200,000 $2,4001000 b) Sanitary Improvements $400,000 $4000000 c) Street Improvements $2,3851000 $530,000 $3, 140,000 $100,000 $6, 155,000 d) Miscellaneous Improvements $645,000 645 00 Totals $3,030,000 $ 1,200,000 $400,000 $530,000 $47340,000 $100,000 $9,600,000 11-12 a) Water Improvements $33625,000 $2,000,000 $5,625,000 b) Sanitary Improvements $400,000 $400,000 c) Street Improvements $460,000 $ 1905000 $ 1 ,600,000 $2,250,000 d) Miscellaneous Improvements $235,000 $235,000 Totals $6953000 $3,625,000 $4005000 $ 1903000 $3,600,000 $82510,000 12-13 a) Water Improvements $595,000 $595,000 b) Sanitary Improvements $2,300,000 $2,300,000 c) Street Improvements $745,000 $403000 $550,000 $ 1,335,000 d) Miscellaneous Improvements 2 5 000 35 000 Totals $980,000 $595,000 $2,300,000 $409000 $550,000 $4,465,000 Total Cost of 6-year Program $1798937500 $9,8641000 $42875,000 $4,163,800 $63,5691000 $3,160,000 $1,3001000 $104,825,300 `QED C/py Reviewed By: Agenda Item Number J� Legal ❑ EST _ 7836 Finance ❑ z9 J Engineer 0-7 b ��`"' Tracking Number 4 of City Administrator ❑ `=O Consultant ❑ PW tqt>D7— i"te- <t:E `w ❑ Agenda Item Summary Memo Title: 202 River Road—Plat of Vacation Meeting and Date: COW 9/ 11107 Synopsis: We have been requested by the property owner to vacate a watermain easement. Recommendation is to obtain a sanitary sewer easement before vacating the watermain easement. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of Plat of Vacation, subject to obtaining a satisfactory easement for sanitary sewer. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 0 c/r o United City of Yorkville Memo J f T 800 Game Farm Road EST. 7636 Yorkville, Illinois 60560 Telephone: 630-553-8545 0� 0 =p Fax: 630-553-3436 <LE Date: August 29, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Mike Roth, City Attorney Eric Dhuse, Director of Public Works Lisa Pickering, Deputy City Clerk Subject: 202 River Road — Plat of Vacation Attached find a proposed Plat of Vacation and related correspondence regarding a watermain easement located at 202 River Road. When we constructed new watermains across the Fox River in 2006 at King Street, the watermain in the easement at 202 River Road was abandoned. The existing easement is limited exclusively to watermains, and I do not anticipate that we will need to construct a watermain along this alignment in the foreseeable future. One item that I recommend we address prior to vacating the easement is an existing public sanitary sewer located at the same address. This sewer was probably constructed in the 1950's or 1960's, and we have no record of an easement ever being dedicated for the sewer. Complicating matters even further, a garage has since been constructed over the top of the sewer_ We have had problems with this sewer, and we may need to replace it within the next several years. I recommend that we obtain a sanitary sewer easement across the property along a mutually agreeable alignment before we vacate the watermain easement. Please place this item on the September 4, 2007 Public Works Committee agenda for discussion. 08 /27 /2007 11 : 54 FAX 630 553 5764 DANIEL J . KRAMER (,.7.] 002/ 005 LAW OFFICES OF 1107A SOUTH BRIDGE STREET DANIELJ. KRAMER YORKVILLE, IOLINOIS 60560 KELLYA.KRAMER (Wi 553-9500 FAX: (630) 553.5764 August 27, 2007 Bart Olson, Interim City Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 VIA: Fax (553-4377) and U.S. Mail Re: Riemenschneider 202 River Rd., Yorkville, IL Dear Bart: With this letter we would like to formally request that the vacation of a water main located on the above referenced property be placed on the next Public Works Agenda. Please contact my office to confirm the date and time of said meeting. Thank you in advance for your cooperation in this matter. Should you have any questions or wish to further discuss this matter, please feel free to contact me. Very truly yours, Kelly A. Kramer Attorney at Law KAK/lgc 08 / 27 / 2007 11 : 55 FAX 630 553 5764 DANIEL J . KRAMER Q003 / 005 LAW OFFICES OF Y~Wf X � 1107A SOUTH BRIDGE STREET DANIELJ. KRAMER YORKVILLE, ILLINOIS 60560 KELLYA.KRAMER (630) 553.9500 FAX: (630) 553-5764 August 7, 2007 Joe Wywrot Attorney Mike Roth United City of Yorkville United City of Yorkville 800 Game Farm Rd. 800 Game Farm Rd. Yorkville, IL 60560 Yorkville, IL 60560 VIA FAX: 553-3436 VIA FAX: 553-7575 Re: Riemenschneider 202 River Rd., Yorkville, IL Gentlemen: As you may recall we recently sent a letter requesting the vacation of a water main located on the above referenced property. With this letter we are requesting that the matter be placed on the next Public Works agenda, if necessary, or if Staff can simply release the water main that had previously been retired. Please review the enclosed Vacation of Easement and let me know if it is acceptable. I am enclosing a reduced copy of the Plat of Survey for your reference. Thank you for your prompt attention to this matter. Should you have any questions or wish to further discuss this matter, please feel free to contact me. Very truly yours, Kelly amer Att0 t Law KAK/lgc Encl. Cc Attorney Tom Grant 06 /06/ 2007 16 : 14 FAX 630 553 0-764 DANIEL J . KRAMER Q004/007 LAW OFFICES OF f 1107A SOUTH BRIDGE STREET DANEL.J. KRAMER YORKVILLE, ILLINOIS 60560 KELLY A. KRANER (670) 557A500 FAX: (630) 553.5764 June 5, 2007 Joe Wywrot, City Engineer United City ofYorkville 800 Game Farm Rd. Yorkville, M 60560 VIA: Fax (553-8528) and U.S. Mail Re: Riemenschneider to Sahlas 202 River Road, Yorkville, IL Dear Mr. Wywrot: Please be advised that my clients, Scott and Lou Riemenschneider, have entered into a Real Estate Contract to sell the above referenced property to Peter Sahlas. Additionally, please be advised that upon review of the Plat of Survey and the Title Commitment for said property a water easement was granted to the United City of Yorkville in 1959. My clients believe the Tom Grant's office had previously contacted you regarding the vacation of the water mama easement. A copy of the proposed Vacation of Easement is enclosed for your review, please review the same and contact my office if there are any necessary revisions. Also, please be advised that both my clients and the Purchaser believe that a sewer line is present on the eastern portion of the properly and runs below the frame garage and frame shed which are depicted upon the Plat of Survey enclosed herein. This poses a very unique and complicated situation for both my clients and the Purchaser as it is believed that this sewer line is still currently in use. My clients would be willing to grant the United City of Yorkville a ten foot (10') sanitary sewer easement upon identification of the exact location of the line, but would hereby request that the United City of Yorkville bare the cost of any damage done to the frame garage or frame shed in the event of repairs to the sewer line that interfere with the two (2) structures. Please be advised that my clients hereby authorize you to discuss this matter with Tom Grant and please be advised that my office is copying in Mr. Grant on any and all correspondence regarding the same. 06/06/ 2007 16 : 15 FAX 630 553 5764 DANIEL J . IMAMER R005/007 Joe Wywrot, City Engineer United City of Yorkville Yorkville, IL 60560 June 5, 2007 Page 2 Please contact my office at your earliest convenience to further discuss this matter as we are seeking to close the real estate transaction the first week of July, 2007. Very truly yours, Kelly A. Kramer Attorney at Law KAK/lgc Encl. Cc Attorney Tom Grant 06 /00/ 2007 16 : 15 FAX 630 553 5764 DANIEL J . KRAMER 1@006 /007 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) VACATION OF EASEMENT NOW COMES the UNTIED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", which does hereby vacate the twenty foot (20') wide water main easement granted to the UNTIED CITY OF YORKVILLE by document #124570 recorded February 19, 1959 and depicted on the Plat of Survey prepared by Phillip D. Young dated May 24, 2007. Said vacation of the twenty foot (20') wide water main easement shall become effective from the date of execution and recording thereof by the UNTIED CITY OF YORKVILLE. UNITED CTI'Y OF YORKVILLE By: Mayor Attest: City Clerk Signed and sworn to before me this day of 2007 Notary Public Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630) 553-9500 PLAT OF SURVEY OF PART OF THE NORTHEAST QUARTER OF SECTION 32, T37N—R7E, 3rd PM UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINOIS 5outerut Comer d Bbek 1a of Ns aw4xr rs.,. OriW t W e Brwbl +•Y w rm, aas� a°r"ei:. o,. a,. r r ^ f"M Detail of v' .,�xW r ge Eaves RIVER ROAD s a I N IE fames I/2' i Y uww x n N n TM aa Wed a4 x"t r w N ' ien a �pww ... / � nxsw amr u• ww x u., SCALE • Indicates Won Stake Found w' 0 �0 Indicates Iran Stake Sal a Indicates Line of Force o I t NOTE: This property oad. y o '� ni. i a I a °n known as 202 River Rood. I I F r � LEGAL DESCRIPTION: I 31p r+ s That part of the Northeast Ouarter' of Section 32, Township 7 North, Range 7 East of the Third Principal nib, I fi Meridian described as follows: Commencing at the Southwest Comer of Block 20 of the Original Vllloge 1SI I - a of Bristol, thence Southerly, along the Westerly Line i of said Block 20 extended, 40.0 feet to the Southerly I c Line of River Road for the point of beginning; thence Westerly, along the Southerly Line of said River Rood, 90.0 fat erly; then" South parallel with the Wotcriy Line of said Block 20 extended,to the Northerly Bonki of the Fox River, thence Easterly, along said Northerly 11."�ci........ Bonk, to the West" tine of said Block 20 extended Southerly• thence Northerly, along said extended — I — Westerly Line of Block 20, to the point of beginning °— I I _ in the Village or Yorkville (formerly Bristo:), Kendal: County, Illinois. fo• I 90.02' fsbiams�it g vph0 to YaMI�Briukal Slate of 9linaia Fox River Son'ary 0btrkt aecwnent 124714 SS noosed Mardis A q 1909 County of Kendall ) 1, Phillip D. Young, an Illinois Professional Land Surveyor and on officer of Phillip 0. Young and Associates, Inc., state that I have surveyed and located the visible improvements , um. in the obove; descrioed tract as shown by the plot hereon drawn which is a representation of said survey, This prdD:aio tce' <onfarma to the currant Il inoia minimum standard for a boundary survey. .D YO ��:.... ... G Dated May 24, 2007 at Yorkville, Illinois mclesoai:;L p _ �xmma Ph glss D. Youaa V C/)-, Reviewed By: Agenda Item Number J= a % Legal El �j - Finance esr �� yeas Engineer Iaa�°� Tracking Number 4 1� �j City Administrator F1` 0g3 ^, �O Consultant ❑ PW 2007-108 <CE Agenda Item Summary Memo Title: In-Town Road Program—Phase 3 Meeting and Date: COW 9/ 11 /07 Synopsis: These 21 streets are proposed for consideration in Phase 3 of the In-Town Road Program should Phase 3 be funded. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: None Council Action Requested: Discussion and consensus regarding scope of Phase 3 Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: = o United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 P4 ` Telephone : 630-553-8545 0� ® �� ; ; p� Fax: 630-553 -3436 Date: August 28, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer r L CC: Eric Dhuse, Director of Public lWorks uuu Lisa Pickering, Deputy City Clerk Subject: In-Town Road Program — Phase 3 Attached find a map showing the streets I recommend for consideration for Phase 3 of the In-Town Road Program should a Phase 3 be constructed. The streets are summarized below: 1) W. Spring Street - Rt.47 to Church Street 2) Church Street — Somonauk to River Road 3) River Road — Rt.47 to King Street. A project to replace the River Road Bridge over Blackberry Creek would be funded and constructed separately. 4) Tower Lane — I recommend that the city assume ownership of this private driveway and reconstruct it to city standards. 5) Worsley Street — E. Main to dead end near Gawne Lane 6) Gawne Lane — E. Main Street to city limits. I recommend that the city assume ownership of this private road and reconstruct it to city standards. We should also consider extending it to Bruell Street someday to eliminate the dead-end condition. 7) Hydraulic Avenue — Morgan Street to dead-end 8) Madison Street — Morgan Street to Madison Ct. 9) Madison Ct. — Madison Street to dead end 10) Ridge Street — S. Main Street to dead end west of Morgan 11) Ridge Street, Jefferson Street, and Madison Street, all east of S. Main Street — We should consider reconstructing these streets in a way that compliments the historic courthouse. 12) S. Main Street — Madison to Fox 13) W. Washington Street — Rt. 47 to Morgan Street 14) Orange Street — S. Main Street to Adrian Street 15) Morgan Street — Fox Road to W. Dolph Street 16) E. Ridge Street — Mill to dead-end 17) Fox Street — Bell Street to Mill Street 18) Bell Street — Fox Street to YNB parking lot 19) Heustis Street — Fox to Orange 20) E. Washington Street — Mill to Heustis 21) Mill Street — Washington to Rt. 126. This project should include a re-alignment at Rt.126 to match Colonial Parkway. I have not placed McHugh Road (Walnut to Somonauk) or Palmer Court on this list because these streets are proposed for repairs as separate projects in 2008. Please place this item on the Public Works Committee agenda of September 4, 2007 for discussion. c/; � United City of Yorkville Memo Public Works Department EST. 1 .. 1836 800 Game Farm Road - Yorkville, Illinois 60560 Telephone: 630-553-4370 <<e Fax: 630-553 -4377 Date: August 20, 2007 To: Joe Wywrot, City Engineer From: Eric Dhuse; Director of Public Works CC: Bart Olson, Interim Administrator Subject: In-Town road program phase 3 Joe, Here is my list of streets that I feel should be on the list for repairs for the phase three of the In- Town program. 1 . McHugh — East Main to Walnut. Grind/patch and overlay 2. Fox — Rt. 47 to White Oak Way. Grind/patch and overlay 3. Church St. — River St. to Somonauk St. Repair street, add storm sewer. 4. Mill St. — Rt. 126 to Washington St. Repair street 5 . West Ridge St. — South Main to Dead End. Repair street, add storm sewer, replace water main. 6. South Main St. — Madison to Fox. Repair street 7. Morgan St. — Fox St. to Dolph St. repair street 8. Gawne Lane — repair street 9. Worsley — repair street 10. River St. — Rt. 47 to Blackberry Creek Bridge 11 . West Spring St. — Rt. 47 to Church 12. Washington St. — Mill to Morgan As an alternate to this approach, the City could look at completing one entire section of town at a time. This way, all of the streets in one section could be repaired at once instead of continually working in one section of town year after year. _ _'-'�_ 4t A O C G ^ IS1Jy rw. g ae "Q� �b `a d N _� a �s JO sulk C a Al ebe a� v.: 0 O 16 10 a. S, hr eILe?d , p a r� c c Jale 1 c w .� _ / 07 �5Q`0a C I r q� a)lsPoamyep I / J � ``ro a J JOJaxOeM 40 Puelpo ' JP Ma]rket%"Oe m . i----J�/ —..— p Go eston we 1 O gaaJD Pc ?�f� .r m nHoy 0�0 � e 9, anpu; � e T Ct E w W r m m w 13SiepueS "I"JOM IS IuowaaJd L-'-- fare W O��O GOPug uap a5 F 2� µia o0 - � isuolleQ fp l � Q M= J x N 7a w e r� D E IS A oc Q_.' a. W ip h .. q V c w W ad°'^ - � .: 4 m a c lu!III y '--��__ V ;S aspll CO H! f« u3 « w •- m . a^V Io1suS p`, �. 1 CO W ur p 3 o J 1S Jaaa Y p1a-, gev�T,,�w \, N c u - SJaaO y t 0 IS iasung t_i "" r=i,�°�_�..�� _ � is ILW _ - N 4 w WI I W a IS site"- - z. in o U Ip I w' a I, u�Jamol i w IS Iles' ofII d IS Ja6Pes a « w Iw m m - - is I. W w m �t a 'm y rn H i D C/p` Reviewed By: Agenda Item Number J r T Legal ❑ ; EST leas Finance F]1 Engineer El Tracking Number City Administrator ❑ Consultant ❑ PS 2007-17 Agenda Item Summary Memo Title: Request to Limit the Number of Package Liquor Licenses Meeting and Date: COW and City Council— September 11, 2007 Synopsis: Request to amend city code to limit the number of package liquor licenses. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve ordinance amending city code to limit the number of package liquor licenses. Submitted by: Bart Olson Administration Name Department Agenda Item Notes: This was presented to the Public Safety Committee on 8/22/07. Committee's recommendation was to amend the city code to limit the number of package liquor licenses. R T, United City of Yorkville Memo 800 Game Farm Road EST. 1 ` ° .'. ,836 Yorkville, Illinois 60560 - Telephone: 630-553 -4350 < �i 0� ;. p Fax: 630-553-7575 Date: August 16, 2007 To: Public Safety Committee From: Bart Olson, Interim City Administrator CC: Subject: Request to Limit the Number of Package Liquor Licenses At the July Public Safety committee meeting, the committee directed me to complete research on the merits and legal reasoning of having a statutory limit on the number of package liquor licenses. At the committee meeting, I made the statement that I thought most municipalities do not limit the number of liquor licenses, and therefore Yorkville should keep the current policy of having an unlimited amount of liquor licenses. I have since confirmed from Mike Roth that the City would have additional discretion in approving/denying liquor license requests if the number of licenses allowed by city code is equal to the number of liquor licenses approved. Therefore, as each license application is received, the City Council would have to choose to amend the city code to allow for the additional license, or not amend the city code. At the Public Safety committee in July, I inferred that the committee wished to have more discretion over the approval of liquor licenses — therefore, an amendment to City code to limit the number of package liquor licenses may be desired. I have attached the list of current package liquor license holders and the section of City code that governs package liquor licenses. r r r r r r r r o o r O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N F� 0 O O O O O Z w 0 O O O O O 000 00 00 000 000 'Z W 64 69 fA 69 H3 69 69 69 69 69 69 r z 00 00 00 O O 00 00 O O 00 0 o o c 0�0 M O O \O M M O O M M 0 p Qy A M m 0 C M c) Ct CY Ct C, O� OF) W d' Cwj r C) ro 00 0o C> ro °° 0 0 0 0 o y Zq n n n '" i W a as a 0 0 0 0 py b b a a rr a on wo ao wo w p > ? a a Tama > a w a. a U C a G A ti v o o v 0 p+ W � O � O GO c0 O w x 4 x s x x x 10, s x s k s i y b0 o v v v o o v v v o v o o P 0-4 P-4 UWwwa, Wwwwa. wam m Ww v as w w oa m w a� as oa w as d w 0 • C A 45 to o a°o o y 'C P] �q fY1 •� v W z J N �-+ � .r ��+ N O DO kn N N Ct N CF •"+ N O O Nt N C� O M O M ".1• d' O Ct O �o M lc V1 ti N W) r+ A a a Cd N vs a-1 a�i a"i v o o � 0 J O .�+ a+ •�' N a vi tom. O cd V] N N N H ;j N .� ...� °� O r" N r I"+ r bq O .y Oi y '.• .L'", W cn iL3b �y 0 � O �a o' v°' wo � o b a9 O � M G ° o cioham 3o cb 03 ed A > U U ti ' vPOU � v�irx < � 3-3-4: CLASSES OF LICENSES: http://66. 113. 195.234/IL/Yorkville/05003000000004000.ht ii M-4: CLASSES OF LICENSES : A.Classes: The classifications of liquor license holders shall be as follows: 1 . Retail-tavern/bar: Al - Beer, wine, liquor, and package A2 - Beer, wine, liquor A3 - Beer, wine, and liquor (service bar only) A4 - Beer and wine (service bar only) (Ord . 1996-1 , 1 -11 -1996) 2. Restaurant: R1 - Beer, wine and liquor R2 - Beer, wine and liquor (service bar only) R3 - Beer and wine (service bar only) R4 - Wine and liquor (service bar only) (Ord . 1999-1 , 1 -14-1999) I 3. Package: B - Beer, wine, and liquor (carryout only) B1 - Beer and wine (carryout only) (Ord . 1996-1 , 1 -11 -1996) 4. Other licenses: BG - Bar and grill. These licenses shall be treated during the daytime until nine o'clock (9:00) P. M. as an R1 restaurant, and thereafter until closing each day as an A2 retail-tavern/bar. C - Club (nonprofit, private, fraternal) CA - Catering . Authorizes the licensee to sell alcoholic liquor in connection with the operation of a catering business within the city. Authorizes the licensee to sell to the general public alcoholic liquor in original packages only, for consumption at a private party when the food for said party is prepared by the licensee. The license shall only be issued to persons who can demonstrate that they are operating a bona fide catering business with headquarters within the city. All food and beverage sales made by the licensee shall be made at the registered office of licensee, which shall be deemed the licensed premises. Such sales shall be subject to the applicable municipal taxes. G - Beer garden/patio service 1 (available only to class A, R, or C license holders). _ _ 0 11 ! /nnn^1 n . A A m 3-3-6: NUMBER OF LICENSES: http://66. 113. 195234/IL/Yorkville/05003000000007000.hhi 3-3-6 : NUMBER OF LICENSES : A. No limitation shall be in effect within the city as to the maximum number of liquor license holders, except with reference to: 1 . Holders of classes Al through A4 which shall not exceed the number of two (2) licenses issued at any given time in an area commencing at the intersection of the center line of Route 47, also known as Bridge Street, and the center line of Van Emmon Street, and running thence west along the center line of Van Emmon Street to the alley; thence in a northerly direction parallel to the center line of said Route 47 to the south bank of the Fox River; thence easterly along the south bank of the Fox River to a point which intersects with the center line of Heustis Street extended ; thence along said east line extended in a southerly direction and along the center line of said Heustis Street until said line intersects the center line of Van Emmon Street; thence west along the center line of Van Emmon Street to the intersection of the center line of Route 47; thence westerly along the center line of Van Emmon Street to a point 100 feet westerly of the easterly line of Route 47; thence southerly parallel with Route 47 (the same being Bridge Street) to the point of intersection of the center line of Washington Street; thence easterly along the center line of Washington Street to a point 100 feet easterly of the easterly line of Route 47, the same being Bridge Street thence northerly parallel with the easterly line of Route 47 to its intersection with the center line of Van Emmon Street; thence westerly along the center line of Van Emmon Street to the place of beginning. In any event, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any residential portion of the city 2. 2 . The liquor control commissioner shall further have a right to issue up to a total of two (2) additional retail type licenses inclusive of any of the four (4) existing retail class licenses, in areas outside the above designated downtown area and outside of any residential area subject to approval of the city council, in order to provide for the orderly growth of the city with respect to additional territories being developed and annexed within the city. No licenses in excess of two (2) additional Al through A4 class licenses, inclusive, shall be issued outside of the downtown area without amendment of this section by the city council. (Ord . 1996-1 , 1 - 11 -1996) 3. There shall be permitted not more than any one liquor license of any package (B or 61 ) class in any shopping center up to one hundred thousand (100, 000) square feet of gross building floor area. There will be available one additional liquor license of said package class for those shopping centers in excess of one hundred thousand (100,000) square feet of gross building floor area upon approval of the liquor commissioner. (Ord . 1996-9, 8-8-1996) UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 3-3-6 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of , 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-4-6 OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 - 1 , et seq., sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-3-6 of Chapter 3 (Liquor Control) Of Title 3 (Business And License Regulations) of the United City of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-3-6: NUMBER OF LICENSES: A.—No limitation shall be in effect within the city as to the maximum number of liquor license holders, except with reference to: 1 . Holders of classes Al through A4 which shall not exceed the number of two (2) licenses issued at any given time in an area commencing at the intersection of the center line of Route 47, also known as Bridge Street, and the center line of Van Emmon Street, and running thence west along the center line of Van Emmon Street to the alley; thence in a northerly direction parallel to the center line of said Route 47 to the south bank of the Fox River; thence easterly along the south bank of the Fox River to a point which intersects with the center line of Heustis Street extended; 2 thence along said east line extended in a southerly direction and along the center line of said Heustis Street until said line intersects the center line of Van Emmon Street; thence west along the center line of Van Emmon Street to the intersection of the center line of Route 47; thence westerly along the center line of Van Emmon Street to a point 100 feet westerly of the easterly line of Route 47; thence southerly parallel with Route 47 (the same being Bridge Street) to the point of intersection of the center line of Washington Street; thence easterly along the center line of Washington Street to a point 100 feet easterly of the easterly line of Route 47, the same being Bridge Street thence northerly parallel with the easterly line of Route 47 to its intersection with the center line of Van Emmon Street; thence westerly along the center line of Van Emmon Street to the place of beginning. In any event, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any residential portion of the city ?. 2. The liquor control commissioner shall further have a right to issue up to a total of two (2) additional retail type licenses inclusive of any of the four (4) existing retail class licenses, in areas outside the above designated downtown area and outside of any residential area subject to approval of the city council, in order to provide for the orderly growth of the city with respect to additional territories being developed and annexed within the city. No licenses in excess of two (2) additional Al through A4 class licenses, inclusive, shall be issued outside of the downtown area without amendment of this section by the city council. (Ord. 1996- 1 , 1 - 11 - 1996) 3 . Maximum Number Of Package (Class B and B- 1 ) Liquor Licenses: There shall be no more than six (6) Class B liquor licenses at any one time. There shall be no more than five (5) Class B- 1 liquor licenses at any one time. 4. There shall be permitted not more than any one liquor license of any package (B or B-1 ) class in any shopping center up to one hundred thousand (100,000) square feet of gross building floor area. There will be available one additional liquor license of said package class for those shopping centers in excess of one hundred thousand (100,000) square feet of gross building floor area upon approval of the liquor commissioner. (Ord. 1996-9, 8-8-1996) Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent 3 jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2007, ATTEST: CITY CLERK C/54947.1 4 `,(0D C/r` Reviewed By: Agenda Item Number T Legal ❑ f�'� �t,.� T. 1836 Finance ES ❑ Engineer ❑ Tracking Number p City Administrator ❑ Consultant ❑ PS 2007-29 <,E Agenda Item Summary Memo Title: Request for Patio License Meeting and Date: COW and City Council — September 11, 2007 Synopsis: Request to amend city code to approve one additional outdoor liquor license. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve ordinance amending city code to allow four patio licenses. Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: This was presented to the Public Safety Committee on 8/22/07. Committee's recommendation was to amend the city code to allow four patio licenses. ,REV clr o United City of Yorkville Memo it " 800 Game Farm Road ESL '� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 MmMXCpnry `� <LE Date: August 16, 2007 To: Public Safety Committee From: Lisa Pickering, Deputy Clerk Subject: Request for Patio License The Clerk's Office is in receipt of another application for an outdoor liquor license. The business applying for the license will be reopening the Sawmill Pizza restaurant located at 227 Heustis Street. They have applied for a Restaurant class liquor license along with a beer garden / patio service license. This location is already set up to have patio service as the former owner of Sawmill Pizza had a patio license while the business was in operation. I have included a copy of the current city code for outdoor liquor licenses. Section 3-3-4-5 of the Outdoor Liquor License Code, Paragraph B states that the maximum number of outdoor liquor licenses that are available in the city are three total. We have currently issued the first outdoor license to Taylor Street Pizza, the second outdoor license to Legends Sports Bar & Grill and we have a third pending outdoor license for the restaurant under construction at 604 W. Veteran's Parkway. The timeline for this application is as follows: We received the application on August 13, 2007. The owners have been fingerprinted and the police are currently conducting background checks. The scheduled opening date for the business is September 15, 2007. Because the location is already set up as a restaurant with a fenced in patio area, the owners do not foresee any delays in being able to open. The business owners of the Sawmill Pizza restaurant would like to respectfully request that council consider amending the city code to allow for them to receive an outdoor liquor license at the same time that their restaurant liquor license is issued. Issuance of the actual outdoor license would be contingent upon approval of their liquor license application. Staff recommendation is to amend the city code to allow for one more outdoor liquor license. t � } MMI IN IN ME �!�\\\\Son INE UW ti w �I (� �- i- � 1 1 lz o�•��D co. 0 United City of Yorkville Memo AL 800 Game Farm Road ESL , 1636 Yorkville, Illinois 60560 4 �` Telephone: 630-553-4350 n ' r Fax: 630-553-7575 <LE Date: August 16, 2007 To: Public Safety Committee From: Lisa Pickering, Deputy Clerk Subject: Outdoor Liquor License Code 3-34-5: OUTDOOR LIQUOR LICENSE: A. Licenses Required see also subsection 3-3-4a4 of this Chapter.56: It shall be unlawful for any licensee or person , firm, corporation, partnership or club to sell or offer to sell any alcoholic liquor from an outdoor location of the premises without first: 1 . Obtaining a Class G (beer garden/patio service) license therefor as provided in this Section; and 2. Being a license holder in good standing of a Class A, R or C license. B. Maximum Number Of Outdoor Liquor Licenses: There shall be no more than three (3) outdoor liquor licenses at any one time, without prior approval of Yorkville City Council . The issuance of said number of outdoor licenses shall be without taking into account the number of special event licenses issued by the City. C. Hours Of Sale: It shall be unlawful for any holder of an outdoor liquor license to sell or otherwise dispense alcoholic beverages from an outdoor location on-premises except during the following hours upon the following days of the week: 1 . Friday, Saturday, and all legal holidays recognized by the Federal Government: eleven o'clock ( 11 :00) A. M. to eleven o'clock ( 11 :00) P. M. 2. Sunday through Thursday: twelve o'clock (12:00) noon to ten o'clock (10:00) P. M. D. Months In Which Operation Is Prohibited: It shall be unlawful for any outdoor liquor license holder to sell or offer for sale any alcoholic liquor, including beer or wine between November 1 and April 30 of any year. E. Entertainment: It shall be unlawful for any holder of an outdoor liquor license to play or cause to play amplified music or cause to have performed such other forms of entertainment by means or use of electronic amplification except during the following times and following days (unless otherwise when extended by the Mayor at his discretion), and then only when all other applicable City ordinances have been adhered to: 1 . Friday and Saturday: twelve o'clock (12:00) noon to ten o'clock ( 10:00) P. M. 2 . Sundays and legal holidays recognized by the Federal Government: twelve o'clock (12:00) noon to eight o'clock (8:00) P.M.; except that on the following Sundays when the hours shall be extended to ten o'clock (10:00) P.M. : a. The Sunday before July 4, when the fourth falls on Monday. b. The Sunday before Memorial Day. c. The Sunday before Labor Day. 3. Amplified music or other entertainment shall not be presented in such a manner so that it can be heard more than seventy five feet (75') from the premises which holds the license. F. Restrictions: It shall be the affirmative duty of the license holder as a condition of the license to maintain and perform the following requirements: 1 . Presentation and continued maintenance of a certificate of insurance with the City for coverage of the outdoor service area, including all applicable dramshop insurance. 2. Outdoor service and consumption of alcohol shall be in an identified cordoned-off area, as approved by the City Liquor Control Commissioner. The area must be owned or leased by the license holder. This area must be covered by the insurance as stated above. G. Establishment Restrictions: 1 . Alcoholic beverages shall only be served to or consumed by those outdoor patrons during times at which food is being served on the site. 2. Alcoholic beverages consumed in the outdoor area must be purchased on the premises where the outdoor area is permitted by the City liquor license. 3. Entrance and exit points for the outdoor area shall be restricted as approved by the City Liquor Control Commissioner. There shall be one emergency exit for the area outside of the building. 4. No alcoholic beverages of any kind shall be served in the outdoor area in glass containers. H. Application: 1 . Application for permission to conduct such outdoor retail sale of alcohol shall be in writing in the standard license application form for any liquor license in the City, and shall additionally state the dates for the requested license and a diagram of the outdoor area upon which the sale and consumption will occur. 2. The fee for a Class G outdoor license shall be two hundred fifty dollars ($250.00) annually as set forth in this Section 57. For all classes of license holders except holders of a fraternal license, which shall be charged one hundred dollars ($100.00) for said additional license permitting outdoor events. I . Revocation: 1 . In addition to those restrictions stated above, all Class G outdoor licenses shall be subject to all the limitations and restrictions set out in this Chapter and State statutes. The license holder's current standard license is subject to the terms and restrictions of the outdoor license. 2. The Local Liquor Commissioner may revoke the outdoor license for violation of the standards set forth herein, or any other applicable restriction set out by State statute. The Commissioner may also consider revocation of the holder's standard license in addition to the revocation of the outdoor license based on any violation of the restrictions applicable to either the standard license or outdoor license. J . Renewal: Outdoor licenses are renewable on a yearly basis and shall last for only those months specified in the license. Renewal fees are the same as application fees. (Ord. 1997-4, 3-13-1997) UNITED CITY OF YORKVILLE ORDINANCE NO, AN ORDINANCE AMENDING SECTIONS 3.3.4-5B OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE PASSED BY THE UNITED CITY OF YORKVILLE THIS DAY OF 2007 Published in pamphlet form by the authority of the United City of Yorkville this day of 2007. UNITED CITY OF YORKVILLE ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 3-3-4-5B OF CHAPTER 3 (LIQUOR CONTROL) OF TITLE 3 (BUSINESS AND LICENSE REGULATIONS) OF THE UNITED CITY OF YORKVILLE CITY CODE WHEREAS, the Liquor Control Act of 1934, 235 ILCS 511 -1 , et seq., sets forth a comprehensive system for the regulation of liquor control within the state of Illinois, and authorizes broad powers to municipalities with regard to local retail licenses; and WHEREAS, the City Council of the United City of Yorkville has determined that it will promote the public health, safety and welfare, and that it is in the best interests of the City to amend the City Code of the United City of Yorkville as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the United City of Yorkville as follows: Section 1. Recitals. The preliminary paragraphs set forth above are incorporated herein as part of this Ordinance. Section 2. Section 3-3-4-513 of Chapter 3 (Liquor Control) Of Title 3 (Business And License Regulations) of the United City of Yorkville City Code is hereby amended by deleting the following overstricken words, and adding the following underlined words: 3-3-4-5 : OUTDOOR LIQUOR LICENSE: B. Maximum Number Of Outdoor Liquor Licenses: There shall be no more than tree four (34) outdoor liquor licenses at any one time, ° it-hout prior- app"e"al e VRr4v:„e C ounei'.. The issuance of said number of outdoor licenses shall be without taking into account the number of special event licenses issued by the City. 2 Section 3. Effective Date. This Ordinance shall be in full force and effect after its passage and approval, and publication according to law. Section 4. Severability. In the event that any section, clause, provision, or part of this Ordinance/Resolution shall be found and determined to be invalid by a court of competent jurisdiction, all valid parts that are severable from the invalid parts shall remain in full force and effect. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. 3 ATTEST: CITY CLERK C/54946. 1 4 ISO PS d0u SCE INTERGOVERNMENTAL AGREEMENT CREATING KENDALL COUNTY EMERGENCY PHONE SERVICE AND COMMUNICATIONS BOARD May 24, 2007 WHEREAS, the voters of Kendall County have approved the development of an Enhanced 9-1- 1 (E-9- 1 - 1 ) Emergency Telephone Service, and; WHEREAS, the County of Kendall as well as each unit of local government therein dealing with emergency services, viz. The County of Kendall, the City of Plano, the United City of Yorkville, the Village of Oswego, the Village of Newark, Lisbon-Seward Fire Protection District, Newark Fire Protection District, Little Rock-Fox Fire Protection District, Bristol- Kendall Fire Protection District and Oswego Fire Protection District, have an interest in the creation and operation of a communications system to dispatch and communicate regarding the usual and customary functions of said bodies dealing with police, fire and emergency medical services (EMS) functions and; WHEREAS, the County of Kendall is willing to provide the physical location for such system and to provide the costs of operations necessary therefore in excess of that provided by the telephone surcharge imposed upon users within the County, and; WHEREAS, To the extent permitted under 50 ILLS 750, the Emergency Telephone Systems Act, the KenCom Executive Board shall direct the disbursement of all 9- 1 - 1 surcharge funds collected. IT IS HEREBY AGREED AS FOLLOWS: 1 . That the County of Kendall shall appoint a board, hereinafter called the KenCom Executive Board to perform the following functions. a, Create and operate an Enhanced 9- 1 - 1 Emergency Telephone System as 1 provided by 50 MCS 750, the Emergency Telephone Systems Act. b . Operate a conventional dispatch system for police, fire and EMS services, c . Employ such persons necessary to effectuate the above, d, Determine from time to time the surcharge rate to be charged and recommend any changes thereto to the County Board. 2. That the board to be appointed shall consist of twelve members who shall have the following qualifications: a. All members shall have the ability or experience to administer the E-9- 1 -1 Service, under the Statute. b. One member shall be the Sheriff of Kendall County. The Alternate for the Sheriff shall be the Chief Deputy. The alternate will serve in the absence of the Sheriff, c. One member and one alternate shall be appointed by the Chairman of the County Board with the advice and consent of the County Board and shall be a County Board Member. The alternate will serve in the absence of the primary member. d. One member and one alternate from each of the four municipalities of the City of Plano, the United City of Yorkville, the Village of Oswego, and the Village of Newark shall be appointed by the City/Village Mayor/President; and approved by the Chairman of the County Board with the advice and consent of the County Board, The Chairman of the County Board shall approve such persons and alternates from the respective municipalities as designated by the Mayor or Village 2 President, and shall be Alderman, Trustees, Mayors or Village Presidents. The alternates will serve in the absence of the primary member e. One member and one alternate from each of the five Fire Protection Districts of Lisbon-Seward, Newark, Little Rock-Fox, Bristol-Kendall, and Oswego shall be appointed by the President of the Fire Protection District with the advice and consent of the Fire Protection District Board of Trustees and approved by the Chairman of the County Board with the advice and consent of the County Board, The primary Fire Protection District member shall be a Trustee of the respective Fire Protection District The alternates will serve in the absence of the primary member. Alternates shall be a trustee or chief officer of the respective Fire Protection District f One member shall be a Member-At-Large who is a registered voter of Kendall County who shall be appointed by the Chairman of the County Board with the advice and consent of the County Board g. Only one person from each governmental agency and the member-at-large represented by this agreement may cast a vote. Alternates may only vote in the absence of the member appointed to the KenCom Executive Board. When the member is present, the alternate may not vote nor may they constitute a member for purpose of determination of a quorum. 3 All actions taken by the KenCom Executive Board will follow procedures established in Roberts Rules of Order, except that a veto of any action may occur as follows: a. By the Member representing the County Board b By two of the four members representing the four cities and villages.. c. By three of the five members representing the Fire Protection Districts , 3 It is further agreed, however, that any veto exercised hereunder may be overridden by an affirmation vote of eight (8) members of the KenCom Executive Board . 4 , That in design of the E9-1-1 System, a backup or secondary Public Safety Answering Point (PSAP) is necessary . The parries hereto agree that such PSAP shall be designed within the constraints of the primary 9-1 - 1 telephone service provider for Kendall County, 5 In design of the E-9- 1- 1 System, the parties agree, within design constraints of the primary 9- 1-1 telephone service provider for Kendall County, all lines coming from the respective four cities and villages to the Central PSAP, including all future annexations to said cities and villages shall be grouped to permit exclusion from the System if in the future any of said cities or villages should choose to operate independent of the countywide system. 6. That each of the municipalities or fire protection districts hereto may, by giving 1,460 days notice to the Chairman of the County Board, withdraw from KenCom providing that compliance be made with 83 Illinois Administrative Code, Part 725. Said notice shall be in writing and signed by the President of the Fire Protection District or the Mayor or Village President of the municipality 7 Members of the KenCom Executive Board may only be removed by the Chairman of the County Board with the advice and consent of the Mayor or Village President of a city or village, or President of the Board of Trustees of the Fire Protection District who appointed the member to the Board. The parties do further agree that upon request by the Mayor, Village President, or Fire Protection District President, any such respective member will be removed, Any 4 vacancy on the KenCom Executive Board must be filled within 90 days, or the County Board Chairman will appoint a member from that unit of local government who meets the same qualifications as set forth above. 8. That the KenCom Executive Board as appointed hereunder shall meet and organize in accordance with the rules of organization in Robert's Rules of Order, including but not limited to the election of a President, Secretary and such other officers as the Board may deem from time to time necessary. It is expressly agreed, however, that all members of the KenCom Executive Board as hereinabove structured shall be eligible for the office of President except for the Sheriff of Kendall County. 9 That the parties expressly acknowledge that protocols may differ for dispatch between units of local government and the County. It is the intent of this Agreement that central dispatch shall accommodate the individual needs of all parties to this Agreement to the extent standardization requirements of the Illinois Commerce Commission permit . 10 Upon creation of this KenCom Executive Board there is simultaneously created an Operations Board hereafter referred to as Operations Board. The purpose of the Operations Board is to coordinate, monitor and oversee the actual operation of all communications under the jurisdiction of the KenCom Executive Board subject only to policy being established by KenCom Executive Board. The members of the Operations Board shall be determined from time to time by the units of local government who are signatories to this Agreement, or as approved by the Executive Board. The Operations Board shall contain representatives from each unit of local government, Such members shall be persons who work on a day to day basis with the users of the E-9-1-1 system. Such membership of the Operations Board is allocated 5 as follows Name of Unit of Local Government Number of Members Kendall County Sheriff' s Office 1 United City of Yorkville 1 Village of Newark 1 City of Plano 1 Village of Oswego 1 Lisbon-Seward Fire Protection District l Newark Fire Protection District 1 Little Rock-Fox Fire Protection District 1 Oswego Fire Protection District 1 Bristol-Kendall Fire Protection District 1 Appointment as a member or alternate to the KenCom Operations Board shall be made by the units of local government being served by KenCom, and approved by the KenCom Executive Board. The statutory responsibility of the Emergency Telephone Systems Board (ETSB) shall, upon ratification of this Agreement by all participating units of local government, be assumed by the KenCom Executive Board. Thereafter, the KenCom Executive Board shall delegate to the Operations Board the responsibility of the planning, design and operation of the E-9-1-1 system. It is the intention of this Agreement that the KenCom Executive Board shall continue to operate as the fiscal and policy oversight Board for the E-9-1-1 system As part of the fiscal responsibility of the KenCom Executive Board, a 9-1 -1 surcharge budget shall be prepared and approved by the Board. The KenCom Operations 6 board shall review and authorize payment of bills as they become due, on a monthly basis, as long as they are a part of the approved budget. At the quarterly meeting of the KenCom Executive Board, a report will be presented by the Board' s appointed Treasurer, listing all bills paid for their review and approval. The Parties hereto further expressly agree that the Director of Communications shall be selected by the KenCom Executive Board and that fiscal and policy jurisdiction shall be executed by the KenCom Executive Board. It is further agreed that the employed Director of Communications shall not be an appointed member of the KenCom Executive Board 11 . Any unit of local government hereunder may hereafter choose to operate dispatch locally providing all E-9- 1 -1 dispatch shall continue under the auspices and operation of KenCom. 12. That the parties hereto agree that this Agreement shall be reviewed annually from the date that this agreement is signed by all parties , 13 . No compensations shall be paid to any member of the KenCom Executive Board for official duties as a member of the KenCom Executive Board . 14, The Kendall County Emergency Phone Service and Communications Board shall comply with and be subject to the Open Meetings Act and the Freedom of Information Act. The Executive Board shall meet quarterly and shall comply with the statutes of the State of Illinois regarding meetings. 15 If any provision of this Agreement is held to be invalid, that provision shall be stricken from this Agreement and the remaining provisions shall continue in full force and effect to the fullest extent possible 7 Adopted this day of County of Kendall By Azzc P� Attest: Adopted this day of Kendall County Sheriff' s Office By Atter, , , Adopted this day of City of Plano By, Attest: Adopted this day of �. United City of Yorkville By: Attest: Adopted this day of Village of Newark By: � Attest: Adopted this day of Village of Oswego By Attest: 8 Adopted this day of Lisbon-Seward Fire Protection Dist 'ct By, Attest. Adopted this day of _ Newark Fire Protection District By. � ZL�_ i Attess i Adopted this day of Little Rock-Fox Fire Protection District By: l/ �av C �a - /✓Led —rar Attest. Adopted this day of _ Bristol-Kendall Fire Protection District ^ By: ��i �/��2�C Attest: Adopted this day of _ Oswego Fire Protection District By. Attest. 9 Reviewed By: Agenda Item Number Z) ¢ " O Legal ❑ A]� �V� . W Finance ❑ 1636 Engineer ❑ Tracking Number ® City Administrator ❑ Consultant ❑ � aN ` ❑ Agenda Item Summary Memo Title: Disposal of outdated IT equipment Meeting and Date: COW 9/ 11 /07 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Move to the COW and City Council for a majority vote Submitted by: Susan Mika Finance Name Department Agenda Item Notes: See attached memo. ° United City of Yorkville Memorandum EST. + 1636 800 Game Farm Road Yorkville, Illinois, 60560 o Telephone : 630- 553-4350 w Fax: 630- 553- 7576 <CE 1�Y Date : August 16 , 2007 To : Elected Officials From : Susan Mika - Finance Director Subject : Disposal of outdated IT equipment Below is a list of equipment that is not functioning and/or outdated and has been replaced per the computer rotation policy . We are looking to potentially take this equipment to a computer recycling firm that will recycle some of the parts and in return , the City should receive some minimal dollars for those sales . 5 monitors Original purchase price $ 250 each 5 printers / faxes Original purchase price $ 300 each 10 computers Original purchase price $ 700 each If you have any questions or concerns, please do not hesitate to contact me . Reviewed By: Agenda Item Number 2 o 'n J -e Legal ❑ EST. iass Finance ❑ 1 Engineer El-�� Tracking Number L, TI h City Administrator ❑ 9 °axe �O Consultant E] COW 2007-19 ` ❑ <LE ` �. Agenda Item Summary Memo Title: Governing Ordinance—Committee Liaison Discussion Meeting and Date: COW/CC—September 11, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO, 2007- 53 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, subsequently passed amendments to the Governing Ordinance, on November 14, 2006 as Ordinance 2006-133, on June 26, 2007 as Ordinance 2007- 49, and on July 10, 2007 as Ordinance 2007-50 and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and 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 fimction 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 manner 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. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2"d and 4th 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 (10`h Edition) page 189, Section 16) F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR (W 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. I. 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. I 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`h 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 Tem pursuant to the Mayor Pro Tern 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 hoe 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. 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. 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 Mayor, and 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 next 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). i. Should an incumbent alderman be defeated in 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 u.,� JOSEPH BESCO GARY GOLINSKI 6 WALLY WERDERICH JOE PLOCHER ( t MARTY MUNNS ROSE SPEARS —L-1 IS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this aA Day of A.D. 2007. � MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of SAP! .�^ A.D. 2007. ATTEST: CITY CLERK a United City of Yorkville 800 Game Farm Road EST. sas Yorkville, Illinois 60560 Telephone: 630-553 -4350 ®1� Fax: 630-553 -7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Date Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Economic Development Committee: Administration Committee Meeting: Public Safety Committee Meeting: Presentations: City Council Meeting Agenda Date Page 2 Public Hearings: Citizen Comments: Consent Agenda: Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — Minutes of Committee of the Whole — Bill payments for approval from the current Bill Last (Corrections and Additions): Checks total these amounts: $ (vendors) $ (payroll period ending ) $ (total) Reports: Mayor's Report: City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer' s Rg op_rt: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community_& Liaison Report: City Council Meeting Agenda Date Page 3 Committee Reports: Public Works Committee Report: Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ------------------- PUBLIC WORKS! Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff ;ECONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development PUBLIC SAFETY, _ Committee Departments Liaisons — Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher City Council Meeting Agenda Date Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ;ADMINISTRATION; ------------------------------------------------------------------------------------ --------------------- Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski United City of Yore z Mayor Pro 'hem PoUcy — Approved 2/92/02) ESM. IM <LE thy` MAYOR PRO TEM. (A) There is created the office of Mayor Pro Tem for the City. (B) In the event of a temporary absence, or a disability causing the Mayor of the City to be incapacitated from the performance of his duties, but which by law does not create a vacancy in the office of Mayor, the Council of Alderpersons shall elect one of its members to act as Mayor Pro Tem. The Mayor Pro Tem, during the absence or disability of the Mayor, shall perform the duties and possess all the rights and powers of the Mayor. (C) The selection of a Mayor Pro Tem shall be made on an annual basis at the first City Council meeting in May. The Council of Alderpersons shall vote to elect one of its members Mayor Pro Tem. No member may be elected as Mayor Pro Tem for two consecutive years. However, the Mayor Pro Tem shall not act as Mayor Pro Tem unless and until the Mayor is temporarily absent or is disabled to an extent so as to incapacitate him from the performance of his duties. (D) In the event the Mayor fails to attend a meeting of the City Council, the Mayor Pro Tem shall act as a temporary chairman for the meeting of the City Council, and while so serving as temporary chairman, shall have only the power of a presiding officer and a right to vote in his capacity as Alderperson on any ordinance, resolution, or motion. Statutory reference: Mayor pro tem, see ILCS Ch_ 65, Act 5 §-3. 1-35-35 `,SOD C/py Reviewed By: Agenda Item Number J� n Legal ❑ l g esr. 1 � Finance yeas ❑ _ Engineer ❑ OL y City Administrator ❑ Tracking Number S1 �ar �O Consultant LE Human�? Human Resources ❑ City Council Agenda Item Summary Memo Title: City's Hiring Policies City Council/COW/Committee Agenda Date: COW/CC September 11, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: A o United City of Yorkville Memo "1 '" 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 7 Telephone : 630-553 -4350 n `=p Fax: 630-553 -7575 <LE Date: September 7, 2007 To: Committee of the Whole From: Bart Olson, Assistant City Administrator CC: Subject: City's Hiring Policies The information attached to this memo has been requested by Alderman Golinski for use in the "City' s Hiring Policies" discussion on the COW and City Council agendas. The documents include the Civil Engineer' s job posting and job description, and a copy of the employee manual, STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ADOPTING A HIRING PROCESS FOR CERTAIN SALARIED MANAGEMENT EMPLOYEES (City Administrator, Police Chief, Director of Parks and Recreation, Finance Director, City Engineer, Public Works Director, Community Development Director, and Community Relations Director) WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a hiring process for certain salaried management employees, and WHEREAS, the City Council has determined that it desires to establish such a policy, and WHEREAS, the text of the policy the City Council now desires to establish concerning a hiring process for certain salaried management employees is set forth on the attached Exhibit "A" which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Hiring Process for Certain Salaried Management Employees is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit "A" attached hereto and incorporated herein. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER '— 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. 2006. j MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 2)'2t> day of ( , r- A.D. 2006. ^ Q ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT " A " Hiring Process It is the goal of the United City of Yorkville to recruit and hire the best qualified candidate who meets the City's qualifications and needs. These individuals will be hired based on qualifications only with no consideration given to race, creed, religion, political affiliation, or national origin. 1 . CITY ADMINISTRATOR, POLICE CHIEF, DIRECTOR OF PARKS AND RECREATION. These positions shall be filled using a recruitment firm. The process will be as follows: A. City Council selects a recruitment fur. B. Recruitment firm advertises and collects resumes. C. Recruitment firm meets with Council, Park Board, or appropriate Committee to select candidates for interviews. D. Interviews are held and a recommendation is made to the Mayor. E. Mayor conducts interviews and makes selection. F. Appointment made for Council's consent and job offer is made. 2. FINANCE DIRECTOR, CITY ENGINEER, PUBLIC WORKS' DIRECTOR, COMMUNITY DEVELOPMENT DI RECTOR, AND COMMUNITY RELATIONS DIRECTOR A. HR Department advertises position and collects resumes. B. Resumes are reviewed by the City Administrator and HR Department C. Resumes are presented to appropriate committee with recommendations. D. Applicants to be interviewed are selected. E. Interviews are held by committee with assistance and advice from outside professional or professionals. F. Committee recommendation made to Mayor. G. Mayor holds interviews and makes selection. H. Mayor presents candidate to Council for consent 1. Job offer is made. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- _:Ja RESOLUTION ADOPTING A HIRING PROCESS FOR CERTAIN EMPLOYEES (Non-Department Head) WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a hiring process for certain employees, and WHEREAS, the City Council has determined that it desires to establish such a policy, and WHEREAS, the text of the policy the City Council now desires to establish concerning a hiring process for certain employees is set forth on the attached Exhibit "A" which is incorporated herein, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Hiring Process for Certain Employees is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit "A" attached hereto and incorporated herein. JAMES BOCK JOSEPH BESCO NN� _ VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS _ ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this �_ day of l 2 A.D. 2006. vt MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Q) day of A.D. 2006. ^ /� ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 ® c®p.® United City of Yorkville a s 800 Game Farm Road EST. 11636 Yorkville, Illinois 60560 ml Telephone: 630-553-4350 .4 _� °� Fax: 630-553-7575 tE d Currently in the emmloyee manual Section 2. 1 . 1 Recruitment (to be kept) It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race, color, religion, sex, sexual orientation, age, national origin, physical or mental disability, ancestry, marital status, or veteran status (except those dishonorably discharged), all in accordance with applicable law. Section 2. 1 .2 Application (to be kept) Appointment and promotion to the positions in the City will be based upon merit and ability. Selection methods will be based wholly on the job related references, aptitude, and ability. Section 2. 1 .3 Selection (first paragraph and sections c and d to be kept, sections a and b to be deleted)) Regardless of the number of applicants, selection methods shall be deemed competitive when the qualifications required are based upon education, experience and personnel standards established for the position. In such instances, a reasonable opportunity shall be afforded for qualified persons to apply, and the following procedures will apply to the recruitment of all personnel: a. When any non-exempt job vacancy occurs that has been approved by the Mayor and City Council, the Department Head shall post the job announcement, internally and externally, stating the title, salary range, job description, manner of application, and closing date for application. b. After reviewing applicant qualifications, and/or holding personal interviews, the Department Head shall conduct a background check (Appendix C) before making the conditional offer of employment to the applicant deemed best suited for employment with the City. The Department Head may conduct any other required pre-employment screening after the conditional offer of employment has been made to the applicant, such as: medical and/or psychological test. The Department Head shall hire only applicants who are determined to be able to safely perform the essential functions of the position with or without a reasonable accommodation (provided that the accommodation does not impose an undue hardship on the City).. The Department Head will notify the Finance Director of the hiring and copy the City Administrator. c. While current full-time City employees are encouraged to apply for appointment to positions for which they are qualified, the City reserves the right to hire external or internal applicants for any or all vacant positions. Accordingly, position announcements may be posted internally and/or advertised externally before a position is filled. d. An employee of the City may request, or be requested, to transfer to another position within the City. New Policy (tentatively as Section 2.1.4 and beyond, depending on final approval of policy) 1 ) Applicability to other policies, regulations, and agreements a. Whenever the provisions of this policy are in conflict with state or federal law or regulations, or a collectively bargained agreement between the City and a certified bargaining unit, the provisions of the collective-bargained agreement and/or governmental law or regulation will prevail. 2) Approval to Recruit Personnel a. If the position is approved with the adoption of the annual operating budget and the position has an approved job description, recruitment may begin at the budget designated point for new positions, or immediately for existing but vacant positions. If the position is not approved with the adoption of the annual operating budget, the requesting department must provide Human Resources with written justification as to the need, reasoning and financing of the new position. This information will be forwarded to the City Administrator for review and recommendation. The request will then be submitted for City Council consideration, with the City Administrator's recommendation attached. 3) Posting process — for all postings, an internal and external posting shall be completed. The following procedures for both postings shall apply: a. Internal: Application and/or resume must be made through Human Resources. Human Resources will announce the position opening to all City personnel via email and by posting notices on City Hall bulletin boards. City departments will be responsible for posting the position announcement to their respective departmental personnel to assess interest and qualifications of internal candidates. Announcements for internal postings will be open for a minimum of five working days. b. External: Position opening will be announced by Human Resources, and will be open for a minimum of ten working days. Applications and/or resumes must be submitted to Human Resources. Posting will be made available on City Hall bulletin boards and other means as Human Resources and the department heads decide to generate the best pool of qualified candidates. Announcements shall summarize the primary duties of the position, standards for consideration, compensation, and application deadline. c. For all hiring processes, no applications will be accepted after the closing date. 4) Selection Process a. Human Resources and the appropriate department head and/or supervisor will base the selection on the requirements and qualifications established for the position and the relevant work experience, technical knowledge, educational background, general aptitude, maturity, compatibility and personal and professional references of the candidates. b. Aside from the screening process, selection techniques may include oral interviews, reference checks, written examinations, medical examinations, physical agility tests, psychological evaluations, performance evaluations, assessment centers and other measures that are job related and reliable as a predictor of performance. 5) Hiring recommendation/offer a. Pending selection of a final candidate, an offer sheet and a background check waiver form shall be sent out by Human Resources. A salary offer will be made within the approved salary range for the position with review and approval by the City Administrator, except for salary offers made at the minimum of a range, which do not require City Administrator approval. b. With acceptance and return receipt of offer sheet and background check approval form, the background check will be administered. After passage of the background check, new hire orientation will be completed and rejection letters will be sent out to the pool of applicants. SO C'T h° T United City of Yorkville »_ 800 Game Farm Road Yorkville, IL 60560 630-553-4.350 y<<E `�'y 630 553-7575 fax Civil Engineer The United City of Yorkville, Illinois is seeking an experienced professional to serve as a Civil Engineer'. Under the direction of the City Engineer, this is a professional engineering position that entails technical work in the planning, organizing, and conduct of' civil engineering assignments in the Engineering Department, Qualified candidates responsibilities will include; coordinating and managing the review, approval, inspection and acceptance of construction projects for both residential and commercial projects , Coordination of applicable fees, bonds, letters of credit and secures extensions and authorizes releases. Qualified candidates will have a bachelor's degree in civil engineering and one year of civil engineering/project management experience, as well as the ability to learn AutoCAD software and survey equipment. Applications are available at City Hall — 800 Game Farm Road, Yorkville, IL 60560. Submit application, resume, and salary history to: United City of Yorkville, Attn: Denise Kasper, 800 Game Farnz Road, Yorkville, IL, 60560 or e-trail dkasper° .yorlcville.iLus. Applications will be accepted until filled. UNTrED CTT Y OF YORK CIVIL ENGINEER — JOB DESCRIPTION Department: Engineering Reports to: City Engineer Status: Full-time; exempt Supervises: None Pay Classification : Civil Engineer Position Description Overview Under the direction of the City Engineer, this is a professional engineering position that entails technical work in the planning, organizing, and conduct of civil engineering assignments in the Engineering Department, Work requires the use of judgment, initiative and professional knowledge, and involves responsibility for making technical decisions on engineering problems and plans. Work involves responsibility for conducting, planning, coordinating, and evaluating engineering work of some difficulty requiring familiarity and training in civil engineering and surveying principles and practices. Work is reviewed for adherence to city policies and expectations by the City Engineer, Essential Job Functions 1 . As assigned by the City Engineer, performs in-depth reviews of engineering plans associated with new subdivision development and site plans of nonresidential parcels within the planning ,jurisdictional boundaries of Yorkville. Communicate plan review and construction inspection findings with consulting engineers/developers concerning improvements. Resolve conflicts and concerns of plan reviews and construction inspections in am independent and expeditious manner. 2. As assigned by the City Engineer, plans, develops, coordinates and manages the review, approval, inspection and acceptance of construction projects; implements local, state and federal regulations; forwards plans to other departments and divisions; summarizes continents and prepares response letters, calculates fees and collects project securities. 3 . Makes engineering estimates of quantities and costs. 4. Calculates fees and ensures all applicable fees, bonds, letters of credit and others are provided or paid before permit is issued; tracks letters of credit, secures extensions and authorizes releases. 5. Prepares plans and cost estimates for roadway, storm sewer, sanitary sewer and water main projects; prepares reports of ongoing projects, memorandums for various committees and Commmissions, legal advertisements for bid specifications, details for construction plans, requests for proposals, and other plans and estimates as requested by their supervisor. 6. Provides professional and technical advice to City residents who have engineering problems [such as faulty property drainage] and to lower level engineering technicians or, to maintenance supervisors concerning engineering problems in design, construction, maintenance or surveying; may act as design liaison with consulting engineers on the design of larger public improvement projects; and may assist in various phases of the bid letting process by meeting with potential bidders and reviewing project plans, including any unique aspects of the project. 7. Coordinate with consulting engineers regarding the preparation of reports and engineering plans for Public Works and construction projects. 8, Acts as staff advisor for Engineering functions; provides technical assistance to other City departments; informs developers of engineering requirements; responds to internal engineering problems; makes recommendations to residents and businesses based on plan review and site investigation. 9. Other duties as assigned by the City Engineer. Requirements 1 , Strong background, education, and understanding of the principles and practices of Civil Engineering., Z. General knowledge of computers for solving engineering problems including knowledge of spreadsheet and computer drafting software with ability to learn and successfully use other/new software, 3 . Strong interpersonal, written, and verbal conuinnication skills for interaction with elected and appointed officials, co-workers, agencies and other goverrumental units, and the public. 4. Skill in performing difficult engineering computations and in making comprehensive technical recommendations for the solution of engineering problems. 5. Ability to exercise professional, independent ,judgment in platning own work, formulating recommendations, and making decisions.. 6. Ability to understand construction techniques, methods, procedures, and alternatives. T Ability to plan projects and prepare concept and final designs. Ability to prepare cost estimates and bid documents and specifications. & Possession of a valid driver's license. 9. Requires the ability to perform mid-level data analysis including the ability to audit, deduce, assess, conclude and appraise. Requires discretion in determining and referencing such to established criteria to define consequences and develop alternatives.. 10. Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information such as plans, drawings, surveys, easements, reports, estimates, ordinances, resolutions, spreadsheets, periodicals, handbooks, maps, manuals, financial statements, statutes, procedures and non-routine correspondence. 11 . Requires the ability to perform addition, subtraction, multiplication and division; calculate percentages, fractions and decimals; may require the ability to perform mathematical operations involving basic algebra and geometry. 11 Ability to establish and maintain satisfactory working relationships with supervisors, co-workers, people from outside agencies and the general public. 13 . Ability to carry out oral and written instructions from supervisors. 14. Ability to work effectively under tight time constraints in stressful situations, 15 . Ability to sit and stand for long periods of time. 16. Must possess, at a minimum, the strength, endurance and agility to lift and transport an object with a minimum weight of fifty (50) pounds. 17. Ability to gather, organize, prepare and maintain data files. 18. Ability to work independently; prioritize multiple objectives and tasks and maintain confidential information. 19. Registration as an Engineer-In-Training with the State of Illinois or registration as a Professional Engineer with the State of Illinois,. 20. Possess working knowledge of basic surveying instruments (surveyor' s level and theodolite) and practices.. Experience and Education 1 . Bachelor's degree in Civil Engineering and one ( 1 ) year of civil engineering/project management experience. The duties listed above are intended only as an illustration of the various types of tasks that may be required. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. This job description does not constitute an employment agreement between the employer and employee, and is subject to modification by the employer as the needs of the employer and/or agency change, or requirements of the position change.. Current Range Approved Effective 3/27/07 5/1107 Position Name Accounting Clerk 1 $32,970 $46,486 Administrative Assistant $36,615 $49,663 Administrative Secrets $365753 $49,363 Assistant City Administrator $66,596 $92,502 Chief of Police $742776 $995120 City Administrator $86,905 $116,063 City Engineer $65,083 $902359 City Parks Designer $41 ,820 $58, 140 Civil Engineer $58, 105 $80, 119 Community Development Director $732440 $97,606 Community Relations Officer $51 ,299 $71 ,818 Director of Public Works $70,493 $93,678 Engineering Administrative Assistant $38,245 $52, 902 Engineering Technician $45,075 $56,396 Executive Assistant to the Police Chief $43,860 $58, 140 Finance Director $69,936 $94,038 Foreman $46,461 $62, 180 GIS Coordinator $48,443 $67,589 Human Resources Manager $45,259 $63,911 IT Specialist $58,858 $82,402 Janitor $305796 $435676 Maintenance Worker 1 $33,946 $45,028 Maintenance Worker 11 $37,630 $522103 Operator $41 ,019 $53,803 Parks and Recreation Director $70,869 $92,330 Police Lieutenant $63,425 $86, 161 Police Records Clerk $29,392 $43,676 Police Records Supervisor $34,778 $49, 135 Police Sergeant $58,440 $74,461 Program Supervisor $32,727 $52,411 Receptionist $28,090 $37,778 Recreation Coordinator $32,727 $52,411 Senior Accounting Clerk $37, 138 $50,328 Senior Engineering Technician $46,245 $645914 Senior Planner $44,726 $63,285 Superintendent of Parks $47,430 $71 ,400 Superintendent of Recreation $44,327 $67,806 Urban Planner $41 ,820 $58, 140 Utility Billing Clerk 1 $31 ,5731 $43,676 ii Ny€ N 10 Ii 1 - ^s �i m S5 d t EMPLOYEE MANUAL Approved by City Council 2/ 10/04 Effective : March 1 , 2004 RESOLUTION NO.: 04--Q RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE EMPLOYEE MANUAL WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE had previously adopted an Employee Manual and amendments thereto; and WHEREAS, the Mayor and the City Council of TEE UNITED CITY OF YORKVILLE after careful consideration deem it to be in the best interest of the City and the Community to repeal THE UNITED CITY OF YORKVILLE Employee Manual adopted in 1995 and any amendment thereto; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE after careful consideration deem it to be in the best interest of the City and the Community to approve THE UNITED CITY OF YORKVILLE Employee Manual attached hereto and incorporated herein by reference; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE, after due consideration being given to any current employee, find that the implementation of TIE UNITED CITY OF YORKVILLE Employee Manual will facilitate efficiency and enhance the quality of THE UNITED CITY OF YORKVILLE; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE have carefully considered said Employee Manual and deem it to be acceptable and beneficial to the City: NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE: 1 . That the City hereby repeals THE UNITED CITY OF YORKVILLE Employee Manual I of 1995 and any amendments. 2. That the City hereby approves THE UNTIED CITY OF YORKVILLE Employee Manual dated February 10, 2004 until further review or modification by the United City i of Yorkville and City Council, 3. Any Ordinance, Resolution or parts thereof in conflict with the provisions of this Resolution are hereby repealed to the extent of such conflict. 4. The various parts, sections, and clauses of this Resolution are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Resolution shall not be affected thereby. PASSED AND APPROVED this 04'bay of ' r' 't 6 92004. � — d WANDA OHARE JOSEPH BESCO Absent VALERIE BURD N _ PAUL JA IES LARRY KOT MARTY MUNNS —Y ROSE SPEARS __bL RICHARD STICKA Y. ell N MAYOR ATTEST: l„ CITISCLERK Law Offices of Daniel J. Kramer I I 07 South Bridge Street Yorkville, Illinois 60560 630.553.9500 United City of Yorkville Employee Manual Final 02-10-04 TABLE OF CONTENTS Section 1 Introduction 1 . 1 Purpose and Disclaimer (Appendix A) 1 .2 Applicability 13 City Organization and Administration of the Personnel Program I 1 ,31 City Council 13.2 Mayor 1 ..33 Department Heads 1 ,3.4 Fire and Police Commissioners (Appendix B) 1 .4 Definition of Employee 1 ,4. 1 Department Heads 1 .4.2 Supervisory 1 .43 Full-Time 1 ,4.4 Part-Time 1 .4.5 Temporary 1 ,4.6 Exempt Salaried Employee 1 .43 Non-exempt Employees 1 .5 Conflict with Other Regulations or Manuals Section 2 Personnel Program and Employment Status 2. 1 Recruitment, Application and Selection 2, 1 . 1 Recruitment 11 ,2 Application 2, 1 .3 Selection (Appendix C) 2.2 Personnel Records 2.2. 1 Maintenance of records 2.2.2 Confidentiality 2.23 Standardized records 12.4 Finance Director notification process 2,3 Probationary Period 2.4 Layoff Section 3 Employee Conduct 3 . 1 Equal Employment Opportunity (Appendix. D) 3 ,2 Anti-Harassment Policy (Appendix E — Employee Assistance Program) 33 Drug-Free Workplace Policy 33 . 1 Workplace Policy (Appendix F) i United City of 'Yorkville Employee Manual Final 02-10-04 33 .2 Definition and descriptions 3 ..3 .3 Ability to perform 33A Education and referral program 33.5 Employment condition 3 .16 Disciplinary action 3 .4 Drug Testing 3 .5 No Solicitation 3 .6 Employee Performance Evaluation 33 Outside Employment conditions 3. 8 Gifts and Gratuities (Appendix G) 3.9 Political Activity 3 . 10 Workplace Inspections 3. 10. 1 Administrative Inspections 3. 10.2 CriminalInspections/Searches 311 On-the-Job Safety/Reporting of Accidents (Appendix H) 3 .12 Threats, Violence and Weapons 3 .. 12. 1 Workplace Violence Policy 3 . 12.2 Prohibited Conduct 3 . 12.3 Reporting Procedures 3. 12.4 Investigation and Responsive Action 3 . 12.5 No Retaliation 3. 13 No Smoking or Tobacco Product use 314 Nepotism 3. 14, 1 Spouse/Relative of Department Heads/Elected Officials 114.2 Relatives of All Employees Section 4 Use of City Equipment 4. 1 Authorization to Use Equipment 4.2 Use of City Vehicles (Appendix I) 4.3 Use of Personal Vehicles for City Business 4.4 Computer and Telephone Communications Systems (Appendix J) 4.5 E-Mail Policy 4.5. 1 E-Mail system usage 4.5.2 Inspection/Search procedure 4,53 Prohibit use pertaining to other City Policies 4..5.4 Confidentiality of personnel records/memo's 4.5.5 Unauthorized access n United City of Yorkville Employee Manual Final 02-10-04 4.6 Personal Use of Telephones Section 5 Disciplinary Action 5 . 1 Reasons for Discipline 52 Discipline Procedure 5 .2. 1 Remediation 5.2..2 Disciplinary Procedure 5.3 Grievance Procedure Section 6 Payroll Administration, Hours of Work and Overtime 6. 1 Regular Hours of Work 6. 1 , 1 Workday hours and lunch breaks 6. 1 .2 Public Works Employee "On-Call' Status, Duties, and Payment 6. 13 Work Schedule 6.2 Shift Changes 63 Payroll Administration 6.4 Call-Back Pay 6.5 Overtime Scheduling 6.6 Overtime Pay 63 Compensation Time 6,8 Pay Adjustments 6.9 Longevity Pay Section 7 Leave Time 7A Vacation Leave 7.2 Holiday Leave 73 Sick Leave 7.3 . 1 Purpose, Allowance, and Accumulation 7.3 .2 Medical Verification 7,3 .3 Sick. Leave Utilization 73.4 Unused Sick Leave 7.4 Reporting of Absences T5 Duty-R.elated Injury or Illness Leave 7.6 Emergency & Bereavement Leave 7.7 Military Leave 7. 8 Jury Duty Leave 7.9 Unpaid Discretionary Leave iii United City of Yorkville Employee Manual Final 02-10-04 7. 10 Family and Medical Leave 7, 101 General Statement 7, 10.2 Eligibility 7. 10,3 Reasons for Leave 7. 10.4 Leave is Unpaid 7. 10.5 Notice of Leave (Appendix K) 7. 10.6 Medical Certification 7. 103 Medical and Other Benefits 7. 10.8 Reporting from Leave 7. 10.9 Reporting While on Leave 7. 10.. 10 Intermittent and Reduced Schedule Leave 7.. 10, 11 Policy Administration 7. 10. 12 Interrelation of Leaves 7. 11 Benefits while on Leave Section 8 Employee Benefits 8. 1 Health and Life Insurance Coverage 8,2 Pension Participation 8.2. 1 Eligibility 8,2.2 Military Service Credit (Appendix L) 8.3 Vision and Dental Assistance (Appendix M) 8.4 Continuation of Medical Coverage 8.5 Uniform Allowance 8,6 Education and Training (Appendix N) 8,7 Travel Expenses 8.8 457 Deferred Compensation Plan (Appendix. O) 8.9 Employee Credit Union (Appendix P) iv 11 United City of Yorkville Employee Manual Final 02-10-04 Section 1 Introduction I Section 1.1 Purpose and Disclaimer This Manual describes the current personnel policies that apply to all employees as a member of the United City of Yorkville ("City") workforce. This Manual is designed only to introduce employees to the City and to serve as a guide to present City policies, practices and procedures. The City has the right to modify, amend, or withdraw any or all of the policies or procedures described in this Manual at any time. All employees shall sign an employee acknowledgment form upon receiving this employee manual. (Appendix A) Although the City hopes that all employees will enjoy a long and mutually beneficial career with the City, there is no guarantee of future employment or employment under any specific conditions. This Manual is not an employment contract of any kind, and it does not create any rights in the nature of employment contract, regardless of whether it has been distributed to new or existing employees, nor does it provide any due process rights in the event of discipline or discharge. Nothing shall restrict an employees' right to terminate their employment at any time with or without notice or cause, and nothing shall restrict the right of the City to terminate their employment at any time with or without notice or cause. No representative of the City, other than the Mayor with City Council approval, has any authority to enter into any employment contract of any kind. Any contract or promise of employment must be in writing and must be signed by the Mayor and approved by the City Council. I Section 1.2 Applicability Unless otherwise noted, these personnel policies apply to all employees of the United City of Yorkville government except that these policies do not apply to the following: a. Elected Officials b. Persons employed to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Mayor or City Council C. Volunteer or appointed personnel who receive no regular compensation from the City Unless otherwise specifically stated, none of the benefits referenced in this Manual apply to part-time employees. Unless otherwise provided for in a written contract of employment, Department Heads or other supervisory employees are subject to this Manual. If employees are a Department Head, where provisions discuss an employee's relationship with his Department Head, they may assume that the Mayor has that relationship vis-a-vis themselves. If an employee has a direct relationship with the Mayor as their immediate supervisor, such as: the City Administrator, Chief of Police, or Park and Recreation Executive Director where provisions discuss an employees' relationship with employees' Department Head, the employee may assume the Mayor has that relationship vis-a-vis themselves. If they have any questions regarding how this Manual applies to them because of their position with the City, they should contact their immediate supervisor for clarification. 1 United City of Yorkville Employee Manual Final 02- 10-04 Section 1.3 City Organization and Administration of the Personnel Program 1.3.1 City Council The City Council of the United City of Yorkville shall exercise control over personnel through the adoption of the City's Annual Budget, Pay Plan, confirmation of the Mayor's appointment, or by the adoption of policies, procedures, ordinances and resolutions as deemed necessary by the Council. (The Mayor may seek advisory input from the City Council in connection with annual performance evaluations for Department Heads who have a direct relationship with the Mayor as their immediate supervisor, such as: the City Administrator, the Police Chief and the Executive Director of Parks and Recreation.) 1.3.2 Mayor The Mayor shall be responsible for ensuring the effective administration of the policies and procedures and may delegate such functions as deemed necessary for the implementation of this system. The Mayor shall perform the performance evaluations and will seek input from the City Council for the City Administrator, Chief of Police and Executive Director for Parks and Recreation Department. 1.3.3 Department Heads 1. The Department Heads shall be responsible for directing and coordinating personnel activities of the City on a day-to-day basis. 2. Department Heads shall establish such rules as deemed necessary to the efficient and orderly administration of their respective departments. 3. Department Heads shall evaluate thew employees annually by February 15 of each year, and from time to time as needed, submitting their reports to their immediate supervisor by March 15`. Evaluations shall be made on standardized forms as provided by the City, and shall provide a comprehensive review of the quality of work performed by the employee. Both Department Head and Employee shall sign evaluations. 4. Department Heads shall prepare a tentative budget before the end of each fiscal year. It shall be presented to the Finance birector, The Finance Director will prepare the budget to be presented to the Mayor. The Mayor will present the budget to the City Council for approval. 5. Departments Heads shall prepare Job Descriptions and recommend the selection and hiring of all personnel to their appropriate committees when such job openings are deemed necessary and subject to adoption by the Mayor. & Department Heads shall submit for approval any promotion, demotion, and discharge of all personnel in their respective department, with the Mayor having authority for final dispensation of all employees. However, the Mayor may seek input and advice from the City Council before making his final decision. 2 i United City of Yorkville Employee Manual Final 0240-04 T Department Heads shall supervise, develop and maintain the personnel system including written forms, procedures, and records. Furthermore, whenever there is a request for a policy change or recommendation, the Department Head shall present the request to the Mayor. Upon review the Mayor may present the request to the City Council. K Department Heads shall administer the personnel policies and procedures including the performance evaluation and the employee grievance procedures. 9. Department Heads shall perform any other lawful acts that are considered necessary or desirable to carry out the purpose of the personnel system and the provisions outlined in this manual, or as directed by the Mayor and City Council. Section 13.4 Fire and Police Commissioners (Appendix B) The Board of Fire and Police Commissioners performs the function of a civil service commission for all sworn police officers. The board hires, fires, promotes and disciplines all members of the police department, except the Police Chief, who is appointed by the Mayor with the advice and consent of the City Council and will not be hired or disciplined by the Board. Section 1.4 Definition of Employee Section 1.4.1 Department Heads Department Heads are salaried on an annual basis, regardless of number of hours worked over 40 hours per week. Department Heads do not receive overtime pay. However, if it is necessary for them to work over the forty-hour week, they may (work requirements allowing), take time off for personal reasons. This benefit is not to be abused. The Department Heads shall notify their immediate supervisor of such time off and maintain a record to be made available to the Mayor and City Council upon request Furthermore, any Department Head and/or exempt employee will be required to seek approval from their immediate supervisor for any time off request for one day or more. Section 1.4.2 Supervisory Supervisory personnel are defined as members of the management group.. Supervisory personnel direct the daily work activities of unit or shift of employees. Employees shall convey late report times, illness, or other absence, and make requests for authorized leave to the Supervisory personnel. Section 1 .4.3 Non-Exempt Full-Time Full-time non-exempt employees are paid on an hourly basis. All full-time non-exempt employees are expected to work 40 hours per week, unless authorized leave is approved by the Department Head or indicated within their job description upon approval by the Mayor and City Council, Section 1.4.4 Part-Time An employee who is employed regularly for less than the normal number of hours is considered part- time. These employees receive straight time for all hours, (less than forty hours in one week), are 3 United City of Yorkville Employee Manual Final 02-10-04 ineligible for benefit packages listed in this manual, and may not work more than 1 ,000 hours per year. Any exceptions to the definition of part time employee must have Mayor and City Council approval. Section 1.4 .5 Temporary Temporary employees are generally those persons employed to fill a position for less than six (6) months duration. There is no guarantee of reinstatement for the same period during the following calendar year. Temporary employees are not entitled to sick leave. Temporary employees are not entitled to vacation or other similar benefits enjoyed by full-time employees. Temporary employees are hired by the Department Head, with concurrence of the Mayor and City Council. Section 1.4.6 Exempt Salaried Employee An employee paid on a salary basis that works in an executive, administrative or professional capacity determined by the City to be exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Exempt salaried employees are not entitled to overtime under the FLSA. Notwithstanding any provisions of this Manual, the discipline of such employees shall be in accordance with FLSA regulations regarding exempt salaried employees. Section 1 .4.7 Non-exempt Employees An employee who is either paid by the hour or on a salary basis and is not in a position determined by the City to be exempt from overtime under the Fair Labor Standards Act. Such employees are eligible for overtime pay. Section 1.5 Conflicts with Other Regulations or Manuals In the event there is a conflict between the policies contained in this Manual and a collective bargaining agreement, a current written individual employment agreement, or applicable rules and regulations of the Board of Fire and Police Commissioners or the Yorkville Public Library, the terms of the agreement or applicable rules and regulations shall apply. No one other than the Mayor, with the advice and consent of the City Council, has the authority to enter into a contract contrary to the terms of this Manual. Section 2 Personnel Program and Employment Status Section 2.1 Recruitment, Application, and Selection Section 2.1.1 Recruitment It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race, color, religion, sex, age, national origin, physical or mental disability, ancestry, martial status, or veteran status (except those dishonorably discharged), all in accordance with applicable law. 4 United City of Yorkville Employee Manual Final 02-10-04 Section 2.1.2 Application Appointment and promotion to the positions in the City will be based upon merit and fitness. Selection methods will be based wholly on the job related references, aptitude, and adaptability. Section 2.1.3 Selection Regardless of the number of applicants, selection methods shall be deemed competitive when the qualifications required are based upon education, experience and personnel standards established for the position. In such instances, a reasonable opportunity shall be afforded for qualified persons to apply, and the following procedures will apply to the recruitment of all personnel: a. When any non-exempt job vacancy occurs that has been approved by the Mayor and City Council, the Department Head shall post the job announcement, internally and externally, stating the title, salary range, job description, manner of application, and closing date for application. b. After reviewing applicant qualifications, and/or holding personal interviews, the Department Head shall conduct a background check (Appendix C) before making the conditional offer of employment to the applicant deemed best suited for employment with the City. The Department Head may conduct any other required pre-employment screening after the conditional offer of employment has been made to the applicant, such as: medical and/or psychological test. The Department Head shall hire only applicants who have passed all pre-employment testing. The Department Head will notify the Finance Director of the hiring and copy the City Administrator. C. While current full-time City employees are encouraged to apply for appointment to positions for which they are qualified, the City reserves the right to hire external or internal applicants for any or all vacant positions. Accordingly, position announcements may be posted internally and/or advertised before a position is filled. d. An employee of the City may request, or be requested, to transfer to another position within the City. Section 2.2 Personnel Records Section 2.2.1 Maintenance of records Department Heads shall maintain personnel records of each employee containing the employee's name, title, department, starting date, salary, change in employment status, training received, disciplinary actions, or other such information as may be considered pertinent. Section 2.2.2 Confidentiality All employee records shall be considered "CONFIDENTIAL" and shall not be released to outside parties except where consistent with the Illinois Personnel Record Review Act, 820 ILCS 40/01 .01 et seq., or as authorized by the individual employee. 5 United City of Yorkville Employee Manual Final 0240-04 Section 2.23 Standardized forms Personnel evaluation, absenteeism, grievances, and other job performance records shall be standardized, and will apply to all City personnel. Section 2.2.4 Notification process to Finance Director With the promotion, demotion, or termination of employment of any employee, the appropriate Department Head must file a written notice and said action with the Finance Director. Section 2.3 Probationary Period A formalized twelve-month evaluation and probationary period are in effect at the time of appointment for all employees. The evaluation periods are to be treated as an integral part of the selection process. Serious evaluation shall be made as to the employee's work record, attendance, compatibility, and any other aspect of job performance deemed necessary to insure the highest level of performance. The Department Heads shall furnish an evaluation report to their immediate supervisor. The existence and/or completion of the evaluation and probationary period do not imply that the employee has a contractual right to continued employment with the City. Section 2.4 Reduction in Work Force It may become necessary to require an employee's involuntary separation from City service without pay, due to lack of work or funds. The required number of employees may be laid off in the order of their relative length and quality of service. However, careful consideration shall be given to maintaining a work force reflecting the needs of the community. The City expressly reserves the right to make layoffs in any order. Employees shall be notified by certified mail at least ninety (90) days before their separation. Reasons for selecting the employees to be separated shall be documented and maintained on file to support action taken. In the event of a layoff, employees laid off shall be placed on a preferential hiring list for a period of no less than two (2) years. Re-hiring shall be in reverse order of separation, providing that the employee laid off has the skills and ability for the job to be filled. No employee may be reduced in rank, pay, or title for any reason other than disciplinary reasons. Reduction of rank, pay, or title requires 2/3 vote of the City Colmcil for all employees. Section 3 Employee Conduct Section 3.1 Equal Employment Policy The United City of Yorkville has adopted an Equal Employment Policy as described in Resolution 93- 18 (10-25- 1993) (Appendix D). It reads as follows with modified changes to be currently compliant with Federal, State, and Local laws: a It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act (42 USC §2000), and all State Civil Rights Legislation. 6 I United City of Yorkville Employee Manual Final 02-10-04 I b. No person shall, on the grounds of race, color, religion, sex, age, national origin, physical or mental disability, ancestry, martial status, or veteran status (except those dishororably discharged), all in accordance with applicable law or any other status protected by law be excluded from participation in or be subjected to discrimination in any program or activity funded in whole or in part by Federal funds. i C. The City Administrator shall oversee civil rights compliance.. Section 3.2 Anti-Harassment Policy The United City of Yorkville is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment, we will not tolerate harassment of City employees by anyone, including any supervisor, co-worker, or any third party. All employees are expected to avoid any behavior or conduct that could reasonably be interpreted as harassment All employees are expected to make it known promptly, through the avenues identified below, whenever they experience or witness offensive or unwelcome conduct. Harassment consists of unwelcome conduct, whether verbal, physical, or visual, that is based upon a person's protected status, such as sex, color, race, religion, national origin, age, physical or mental disability or other protected group status. The City will not tolerate harassing conduct that affects tangible job benefits, that interferes unreasonably with an individual's work performance, or that creates an intimidating, hostile, or offensive working environment. Such harassment may include, for example, jokes about another person's protected status, kidding, teasing or practical jokes directed at a person based on his or her protected status. Sexual harassment deserves special mention. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term or condition of employment, (2) submission to or rejection of the conduct is used as the basis for an employment decision, or (3) the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment is conduct based on sex, whether directed towards a person of the opposite or same sex, and may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing", "practical jokes", jokes about obscene printed or visual material, and physical contact such as patting, pinching, or brushing against another person's body. i All City employees are responsible to help assure that harassment is avoided. Anyone who believes that they have experienced or witnessed harassment should notify the City Administrator, a Department Head, Supervisor, City Attorney, Mayor or City Clerk i Employee Assistance Program (Appendix E), Coordinator/Contact person as posted on the employee bulletin board. The City forbids retaliation against anyone for reporting harassment, assisting in making a harassing complaint, or cooperating in a harassment investigation. Anyone who believes that they have been retaliated against should notify the City Administrator, a Department Head, Supervisor, City Attorney, Mayor, or City Clerk,. 7 United City of Yorkville Employee Manual Final 02- 10-04 The City's policy is to investigate all such complaints thoroughly and promptly. To the fullest extent practicable, the City will keep complaints and the terms of their resolution confidential. If an investigation confirms that a violation of the policy has occurred, the City will take corrective action, including discipline, up to and including immediate termination of employment. An employee who believes that he or she has been the subject of harassment or retaliation for complaining about harassment also has the right to file a charge of civil rights violations with the appropriate state or federal enforcement agency. These include: Illinois Department of Human Rights 100 West Randolph Street, Suite 10- 100 Chicago, Illinois 60601 312-814-6200 United States Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street, Suite 2800 Chicago, Illinois 60661 312-353-2713 Section 33 Drug-Free Workplace Policy (Appendix F) Section 3.3.1 The United City of Yorkville has adopted a Drug-Free Workplace Policy as described in Resolution Number 93-17 (10-25-1,993). It reads as follows: Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety and health, promote crime, lower productivity and quality and underline public confidence in the work City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts, 41 USC 701 , et seq., and 30 ILCS 58011 et seq., in order for the City to be considered a "reasonable source" for the award of federal or state grants, it is appropriate to adopt the following poficy: Section 33.2 Definition and descriptions Any location which City business is conducted, whether at this or any other site is declared to be a drug- free workplace. All employees are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing or unlawfully using controlled substances or alcohol, as defined in the federal and state Drug-Free Workplace Acts, in the workplace. This policy does not apply to the lawful use of prescription drugs under the supervision of a licensed healthcare professional and within the limits of a valid prescription. An employee who has been prescribed drugs or who is taking over-the-counter medications that come in containers with warnings about drowsiness or interference with the ability to operate machinery, or drive safely, or otherwise perform their job duties is required to immediately disclose to his or her immediate supervisor any medication-related work restrictions. When employees disclose such medication related work restrictions they do not need to disclose the type of medications that have been prescribed or the underlying medical conditions, impairments or disabilities unless otherwise specifically directed to do so by their doctor or by their immediate supervisor that is not in violation of any state or federal act,.. United City of Yorkville Employee Manual Final 02-10-04 Section 3.33 Employee's ability to perform duties Employees are expected and required to report to work on time in appropriate physical and mental condition to perform duties of their jobs, Section 3.3.4 Education and referral program Employees have the right to know the dangers of drug abuse in the workplace, the City's policy about them and what help is available to combat drug problems. Employees needing assistance in overcoming drug abuse problems are encouraged to seek professional assessment, treatment support and aftercare at appropriate outside agencies.. Conscientious efforts to seek such help will not jeopardize any employees' job nor will it be noted in any personnel record. However, referral to such programs in no way exempts an employee from discipline for less than acceptable job performance. Section 3.3.5 Employment condition As a condition of initial and continued employment, each employee shall: a. Agree in writing to abide by the terms of the City' s policy respecting a drug and alcohol- free workplace; and, b. Agree, as required by law, to inform his or her supervisor of his or her conviction of any criminal drug or alcohol Statute, for a violation occurring on or off City premises, while conducting City business, no later than five (5) days after such a conviction. A conviction means a finding of guilt (including a plea of "no to contendere") or the imposition of a sentence by a Judge or jury in any federal or state court, and/or a finding of Court Supervision, Section 3.3.6 Disciplinary action An employee who violates the terms of this policy may be subject to disciplinary action including suspension and/or termination and may be referred for prosecution consistent with applicable local, state and federal law. i a� The City shall take prompt disciplinary action with respect to any employee who violates I this policy. b.. The City may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program. I Section 3.4 Drug Testing It is the policy of the City to conduct drug/alcohol testing wbere it has reason to believe that an employee may be under the influence of alcohol, illegal drugs or other controlled substances. In addition, any employee who is reasonably believed to have caused or contributed to an accident which resulted in personal injury requiring medical treatment away from the scene of the accident or which 9 United City of Yorkville Employee Manuel Final 02-10-04 disabled a piece of equipment shall be tested for alcohol, illegal drugs, or other controlled substances. Further, employees employed in safety sensitive positions are subject to periodic or random testing. Employees subject to Department of Transportation (D.O.T.) testing shall be tested in accordance with D.O.T. regulations in addition to the testing and discipline provisions of this policy. Refusal to submit to testing will result in disciplinary action, up to and including termination of employment. Section 3.5 No Solicitation Solicitation by employees shall not be permitted during working time (the time employees are performing Department functions) in the City, or during non-working hours in areas where it will disturb other employees who are working. Distribution or circulation of printed materials by employees shall not be permitted any time, including working and non-working time, in working areas. Solicitation or distribution of printed materials by non-employees is prohibited in work areas. Section 3.6 Employee Performance Evaluation At a minimum, yearly reviews shall be made of the employee's work performance by the Department Heads, and reported to the Mayor. Employees may be given more frequent evaluations as circumstances warrant A fording of satisfactory performance is needed for advancement on the wage scale. Section 3.7 Outside Employment Employees may hold outside employment, including self-employment, provided such employment does not: 1 ) interfere with the performance of City duties; 2) present a potential conflict of interest; 3) result in outside work being performed during an employee's work shift; 4) involve the use of city equipment or supplies. Employees shall be permitted to engage in outside employment only with the prior written approval of their Department Head. If granted permission for outside employment an employee's Department Head may revoke the permission where it appears to the Department Head that such activity conflicts with the standards set forth above. Employees who engage in outside employment shall notify their Department Head of the addresses and phone numbers where they can be contacted, if necessary, for their normal work schedule, of the name of their supervisor (if applicable), and of the type of work they are (or will be) performing. Section 3.8 Gifts and Gratuities a_ City services are not to be rendered by any employee with the expectation or in exchange for any gift, gratuity, discount, reward, entertainment, hospitality, loan, forbearance, other tangible or intangible item having monetary value. This policy prohibits the receipt of gifts by the employee's spouse or an immediate family member living with the employee from a "prohibited" source. In addition, all employees are required to comply with the City's Ordinance #1999- 12 (Appendix G) implementing the provisions of the State Gift Ban Act When an employee receives any offering as a result of his or her status as a City employee, the offering must be immediately turned over to the City's Ethics Officer, which is the Kendall County States Attorney, The Ethics Officer will determine the ultimate disposition of any gift or offering in accordance with the City's ordinance and the State Gift Ban Act Additional information about this policy maybe obtained from the City Administrator, Ethics Officer or City Attorney. 10 United City of Yorkville Employee Manual Final 02-10-04 b, No employee in the City' s service shall have any financial interests in the profits of any contractor, service provider, or other work performed for the City, or shall personally profit directly or indirectly form any contract, purchase, sale or service between the City and any person or company. Any employee who violates this section shall be subject to discipline for misconduct in office. Section 3.9 Political Activity a. No employee shall use his or her official position of employment to coerce or inhibit others in the free exercise of their political rights; or engage in political activities while at work or on duty. b. Due to the conflict of interest created by employees holding an elected office, the taking of an oath for any City office shall constitute an employee's resignation from City employment unless allowed by state statutes.. Section 3.10 Workplace Inspections The City wishes to maintain a work environment that is free of illegal drugs, alcohol, unauthorized firearms, explosives, or other improper materials. To this end, the City prohibits the possession, sale, transfer or use of such materials on its premises or in City vehicles. The City requires the cooperation of all employees in administering this policy. Section 3.10.1 Administrative Inspections Desks, lockers and other storage devices may be provided for the employees convenience, but remain the sole property of the City. The City also reserves the right to conduct searches and inspections of City-provided vehicles, equipment, materials, such as boxes, thermoses, briefcases, desks, computer files, computers, computer disk, cabinets, file drawers, desk, lockers, or packages without notice. Anyone who refuses to submit to a search or is found in possession of prohibited articles will be subject to disciplinary action, up to and including dismissal. Accordingly, the City Administrator or Chief of Police or their designee may conduct the inspection with or without prior notice. All administrative/operational inspections shall be conducted through the authority of the City Administrator or Chief of Police, The City is not responsible for loss of or damage to personal property on the job. Section 3.101 Criminal Inspections/Searches When a supervisor or an employee has reasonable suspicion that a criminal act or threat of violence has or will occur he or she shall contact the local police department immediately. The local police will determine if an inspection is warranted and conduct such inspection. Only law enforcement personnel shall conduct such inspection. Any abuse of this provision within the employee manual by any employee shall be subject to disciplinary action up to termination. III 11 United City of Yorkville Employee Manual Final 02-10-04 Section 3.11 On-the-Job Safety/Reporting of Accidents Employees are expected to exercise caution and observe all established safety rules and regulations applicable to their position and in the operation of tools, equipment and motor vehicles in connection with City business. (Safety Policy-Appendix H) The following safety rules apply to all employees of the City: a. Basic responsibility for safety rests with Department Heads and from them, to their designated safety representatives, supervisors, and employees, but it is the responsibility of every employee to become familiar with and adhere to all safety rules and regulations. b. Any employee acting in a supervisory capacity shall require all employees under their supervision to comply with all applicable safety rules and practices.. C. Any employee having knowledge of any unsafe condition or work practice shall report such condition or practice to their immediate supervisor, departmental safety representative, or Department Heads. d. All employees shall use reasonable precautions in the performance of their duties and act in such a manner as to assure maximum safety to themselves, their fellow employees and the public. e. All employees shall familiarize themselves with the safety rules applicable to their jobs and shall consult with their supervisors on any safety rule or practice not understood, or whenever work conditions present unforeseen hazards. f: No employee shall remove or make ineffective any safeguard, safety device or safety appliance except for the purpose of replacement, repair or adjustment. g. Employees shall keep their work areas clean, orderly and, to the extent possible, free from all recognized safety hazards. h. All employees shall work in appropriate clothing, including footwear, suitable for the type of work being performed, and shall wear or use appropriate safety devices or personal protective equipment as provided, or directed. I i. When driving or riding as a passenger in a City-owned vehicle, or in a personal vehicle while on City business, employees shall wear properly adjusted and fastened seat belts. j. Employees shall comply with all applicable Local, State and Federal traffic laws when operating a City vehicle or personal vehicle while on City business, except for police officers when authorized in the line of duty and in accordance with departmental standard operating procedures. k. Any employee who suffers an on-the-job injury or illness, or is involved in an accident while operating City equipment, a City-owned vehicle, or a personal vehicle on City business, shall complete a report of accident on the approved report form and submit the 12 United City of Yorkville Employee Manual Final 02-10-04 b, Any employee who is a victim of workplace violence must immediately report the situation to law enforcement personnel, then his or her supervisor or the City Administrator when the supervisor is involved. C. Any report made pursuant to this policy will be treated with confidentiality to the extent reasonably possible and appropriate, I d.. Actions that may be considered endangering or life threatening by or against any employee or individual on City property should be reported to local law enforcement agency by calling 911 , in addition to the reports set forth above.. Section 3.12.4 Investigation and Responsive Action j I, a. All incidents of alleged workplace violence will be investigated promptly by the City. b. Based on the results of the investigation, the City will take appropriate action. If' a violation of policy is found, such action may include immediate discharge. Additionally, the City may report the situation to law enforcement.. c.. When applicable, the City and its employees shall cooperate fully with police and other law enforcement officials in the investigation and prosecution of any workplace violence. d.. The City may take other actions, as it deems appropriate under the specific circumstances, including seeking judicial action. Section 3.123 No Retaliation i The City forbids retaliation against any employee for reporting any violation of this policy. Any employee who engages in retaliation in violation of this policy shall be subject to disciplinary action up to and including discharge. Section 3.13 No Smoking or use of Tobacco Products Smoking and/or use of any form of tobacco products are prohibited within City owned public buildings. Designated areas may be designated with approval of the Department Head and City Administrator. Section 3.14 Nepotism RESOLUTION 2005 -31 ORDIRAREENO 2005 -46 !. PASSED 5/24/05 APPROVED 5/26/05 Section 3.14.1 Spouse/Relatives of Department Heads/Flected Officials a The employment of a spouse or a relative of any Department Head or elected official may be subject to a confidentiality disclosure agreement or conflict of interest agreement as deemed necessary by the City Attorney. For this purpose, a relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within these categories. 14 United City of Yorkville Employee Manual Final 02-10-04 form to the immediate supervisor. The form shall be completed and submitted within twenty-four hours of the on-the-job accident, injury or illness to the extent practicable. Individual departments may adopt any safety rules that address particular operations or hazards that exist within that department and which are not inconsistent with the general safety rules listed above. Any employee found to be in violation of the general safety rules or applicable departmental safety rules may be subject to disciplinary action. Section 3.12 Threats, Violence and Weapons Section 3.12.1 Workplace Violence Policy The City will not tolerate any threats, threatening behavior or acts of violence against employees, visitors, or other individuals by anyone on City property or while an employee is off-premises engaged in City business. There is no justification for such actions. Any employee who violates this policy will face disciplinary action up to and including discharge and may face possible arrest and criminal prosecution. Section 3.12.2 Prohibited Conduct "Workplace violence" includes any behavior or conduct on City premises, which is sufficiently severe, offensive, or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of co-workers and/or property. It includes, but is not limited to: a. Any physical behavior, or threat of physical behavior, which involves aggressive contact with any person, including pushing, hitting, fighting, throwing objects or otherwise intentionally injuring another person or attempting to injure another person; b. Any physical behavior, or threat of physical behavior, that would place a reasonable person in fear of receiving immanent physical injury or aggressive physical contact of the sort discussed above; or C. Any act of vandalism or other intentional damage or destruction of City property. No employee or third party, except for authorized law enforcement personnel, is permitted to bring weapons or firearms onto City property (including City vehicles). Section 3.123 Reporting Procedures a. Employees who become aware of workplace violence or any threat of workplace violence, whether by an employee or non-employee, must immediately report such action to their immediate supervisor and law enforcement personnel. Disciplinary action may result if the employee having knowledge of a suspected violent act fails to report the incident, 13 United City of Yorkville Employee Manual Final 02-10-04 b. This policy is intended to comply with the requirements of all applicable federal, state, and local laws. The Mayor is responsible for the coordination, administration and j implementation of the provisions of this policy as approved by the City Council, I Section 3.14.2 Relatives of All Employees i a. The purpose of this policy is to establish consistent guidelines concerning the employment of relatives of employees of the City. Relative is deemed to mean a spouse, j parents, grandparents, children or grandchildren, siblings, aunts and uncles, in-laws and step-relatives, within these categories. It is the policy of the City to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty, actual or implied, based on family relations. b. The employment of a relative of any full-time City employee, in a full or part-time position, is prohibited if such employment shall cause the new employee to come under direct supervision of or provide direct supervision to the related full-time employee. c, Full-time City employees will not be considered for promotion or transfer if such change shall cause the employee to come under, or to provide direct supervision to a related City employee. d, If' employees in a supervisory relationship become related after employment, every effort will be made to transfer one of the employees to a position where no supervisory relationship exists. If neither employee volunteers to transfer, the City Administrator/Mayor will arrange an involuntary transfer at his or her discretion. Transfer decisions may be based on, but are not limited to, such factors as the grade of each affected employee's position, the availability of openings for which the affected employees are qualified, and the availability of replacement candidates for the affected employees' positions. e. This policy is intended to comply with the requirements of all applicable federal, state and local laws. f. The Mayor or his designee is responsible for the coordination, administration and implementation of the provisions of this policy as approved by the City Council. Prior to the application of this policy regarding employment or transfer decisions with respect to spouses, supervisors must contact the Mayor to ensure compliance with applicable federal, state and local laws. Section 4 Use of City Equipment Section 4.1 Authorization to Use Equipment City equipment and supplies may be used only for authorized City purposes. No City equipment or supplies shall be removed from City premises for personal use unless authorized by the Department Head, City Administrator, or Mayor. 15 United City of Yorkville Employee Manual Final 02-10-04 Section 4.2 Use of City Vehicles An employee must obtain permission from the Department Head to use City vehicles, as provided by the City Policy (Appendix D. Use of City vehicles (if available) are for official City business ONLY is encouraged when City vehicles are available. Any out of pocket expenses such as parking, tolls, and emergency repairs shall be reimbursed upon presentation of receipts. Section 4.3 Use of Personal Vehicles for City Business Whenever an employee is authorized to use a personal vehicle in the performance of official City duties, the employee shall be compensated at the prevailing IRS mileage rate. All mileage compensation shall be a result of authorized personal vehicle use approved by the employee's Department Head. Reimbursable uses include: the use of personal vehicle to attend out-of-town functions, training sessions, and meetings when such functions are a requirement of the employee's job or are deemed desirable by their Department Head or the Mayor. Section 4.4 Computer and Telephone Communications Systems a. All computer and telephonic communications systems and all communications and information transmitted by, received from or stored in these systems are the property of the City and as such are to be used solely for job related purposes (Note: See Section 4,6 Personal use of telephones).. The use of any software and business equipment, including but not limited to, facsimiles, telecopiers, personal computers, handheld computers and copy machines for private purposes is prohibited. All materials and information created, transmitted or stored on City computer systems are the property of the City and may be accessed by authorized City personnel. Employees shall have no ownership or proprietary interest in the computer network, including any of the data files or applications operating or residing on the computer network or any stand-alone computers. No employee shall, without express authorization, copy or download any applications from the computer network, copy or load any applications onto the computer network, or disclose to, or allow the use of the computer network by, any third party. Furthermore, all employees shall be required to sign an E-Mail, Voice Mail, Computer, and Office Equipment Acknowledgement Form. (Appendix J) b. If employees use this equipment for personal purposes they do so at their own risk. Furthermore, all employees are not permitted to use a code, access a file or retrieve any stored communication unless authorized to do so or unless they have received prior clearance from an authorized supervisor. All pass codes are property of the City. Employees may not use a pass code that has not been issued to them or that is unknown to the City. If employees violate this policy, they may be subject to disciplinary action, up to and including dismissal. C. Employees must obtain written authorization from their Department Head to use City information technology resources to access the Internet. Requests for Internet access must be based on legitimate, business-related reasons. Employees may only use authorized connections for Internet access. The network. administrator will terminate any unauthorized connections to the server. Department Heads who authorize access to the i I 16 United City of Yorkville Employee Manual Final 02 -10-04 Intemet are responsible for promptly notifying the City's network administrator when j Internet users terminate, change departments or no longer require Internet access. i d. To ensure that the use of electronic and telephonic communications systems and business equipment is consistent with the City's legitimate business interests, authorized representatives of the City may monitor the use of' such equipment from time to time to the extent permitted by applicable state and federal law, Users should not have any expectation of privacy with respect to any materials and information created or stored on these systems. Section 4.5 E-Mail Policy The City provides an electronic mail ("e-mail") system to some of its employees in order to facilitate the communication of work-related data internally and externally in the most effective and efficient manner possible consistent with legal requirements and established policies and procedures. In order to provide City employees with the benefits of e-mail communications without exposing the City to the many risks inherent in e-mail communications, the City has developed the following rules. Anyone having any questions should contact their immediate supervisor.. Section 4.5.1 The e-mail system may be used only to process and communicate work related data and messages. Employees may only use e-mail for legitimate business-related communications in the course of their assigned duties. No one may use e-mail to conduct personal business of any kind, including downloading data from the Internet or from any other source for other than strictly work-related purposes. All data of any nature that is entered or received through any City computer including all e- mail messages are and will remain City property. None of the data or messages may be used for any purpose not related to City business. Furthermore, no data or messages shall be sold, transmitted, conveyed or communicated in any way to anyone outside of the City without the express written i authorization of an officially-designated City representative. Section 4.5.2 City computers and all data and e-mail messages on City computer systems are subject to inspection and search by the City. In the course of their duties, City systems operators, Department Heads, Supervisors, and/or approved consultants may monitor employee use of the e-mail system and review the contents of data or messages within the e-mail system Section 4.53 The creation or transmission of any data or e-mail message that may be construed to violate the City's "Harassment-Free Workplace" policy or "Equal Employment Opportunity" policy is strictly prohibited. i This prohibition includes sexually explicit or offensive messages, cartoons or jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race, color, religion, sex, national origin, age, disability, marital status, or any other status protected by law. 17 United City of Yorkville Employee Manual Final 02-10-04 Section 4.5.4 E-Mail may not be used to transmit disciplinary messages or statements regarding individual employees. All such negative messages must be kept strictly confidential and therefore may not be communicated via e-mail in any form whatsoever. For many of the same reasons, performance evaluations may not be conducted or transmitted via e-mail. Section 4.5.5 Unauthorized access of e-mail, use of other employees' passwords and disclosure of other employees' passwords is strictly prohibited. Unauthorized use of codes or passwords intended to gain access to other employees' e-mail accounts is prohibited. Likewise, the unauthorized disclosure of other employees' passwords is prohibited. As a condition of employment and continued employment, all employees are required to sign an e-mail acknowledgement form. (Appendix .l) Section 4.6 Personal Use of Telephones Employees are permitted to use City telephones for personal use on limited basis and for local calls only. Approval to use City telephones for personal business may be withdrawn by Department Heads if it becomes excessive or if use causes interference with work duties. Employees maybe required to pay for any none city business calls they make which are charged to the City. This policy is subject to change, as the City deems necessary. Section 5 Disciplinary Action Section 5.1 Reasons for Discipline Employees of the United City of Yorkville are expected to perform satisfactorily their assigned duties. It is the duty of the Department Heads to oversee conduct and work performance of said employees within their respective departments. Unless otherwise set forth under a written contract of employment or unless provided otherwise by the Board of Fire and Police Commissioners, employment with the City is at-will, and employees can be discharged with or without cause, at any time at the sole discretion of the Mayor. Reasons for disciplinary action may include, but are not limited to, the following: a. Incompetence, negligence, inefficiency, or failure or inability to perform assigned duties. b. Abusiveness in attitude or language, or in conduct resulting in physical harm, injury or harassment to City employees or the public, i c. Violation of City drug and alcohol policies. I Violation of any lawful or official regulation, order or rule, or failure to comply with any lawful direction given by your superior. e. Conviction of a felony or any criminal misdemeanor set forth in Section 10- 1-7 of the Illinois Compiled Statutes. 18 United City of Yorkville Employee Manual Final 02-10-04 f. Causing damage to public property or waste of City supplies through negligence or willful misconduct, or failure to take reasonable care of City property. g. Falsifying employment applications or City records, h. Absence from scheduled work without prior authorization i. Claiming sick leave under false pretenses. j . Absence without leave for a period of three (3) days (an involuntary resignation), or a failure to report after leave of absence has expired or has been disapproved, revoked, or canceled by the employee's superior. k. Work history shows excessive or chronic absenteeism 1. Insubordination. m. Any other reason as determined by a Supervisor, Department Head, or Mayor. n.. Failure to comply with established safety rules. These examples are not all-inclusive, and other conduct not specifically covered above may result in disciplinary action depending upon the circumstances. Section 5.2 Discipline Procedure The City is committed to assisting all employees who are not performing their job duties at expected standards. The City shall take any or all of the following steps in developing a "remediation plan" for employees with performance problems, although remediation may not be appropriate for all employees. The City, in its discretion, will determine when remediation will be made available to an employee, as well as what steps shall be included in a remediation plan. 5.2.1 Remediation Notice and a chance to improve. Department Head shall inform the employee of his performance problems or shortcomings, and provide a reasonable opportunity to improve. Specific Information. Department Head shall let the employee know exactly what the problem is, and set up an improvement program that calls for specific actions by stated deadlines. Furthermore, the Department Head may recommend that the employee contact the Employee Assistance Program. Maintenance of Records. Early warnings may take the form of verbal counseling; fiuther warnings shall be in writing and these warnings are performance based warnings. Department Head shall place copies of any performance based warnings in the employee's personnel file. Employees shall be given the opportunity to sign warnings. Signing does not constitute the acceptance of such warning, but acknowledges employee is aware of the warning. Performance based warnings will be reviewed every 365 days or one year after issuance.. If the employee has improved, the warning may be removed from his/her file and sealed 19 United City of Yorkville Employee Manual Final 02-10-04 Provide a reasonable time to improve. When setting the deadline for improvement, the Department Head shall determine what would be a reasonable time considering the problem and circumstances. 5,2.2 Disciplinary Procedure Procedure for Disciplinary Action or Terminated Review. All employees who have been notified of performance problems and directed to improve and correct such problems may be subject to discipline or discharge for the failure to do so OT where further performance problems arise. Sworn employees are subject to the requirements of the Board of Fire and Police Commissioners Act. An employee can be suspended any time, with intent to discharge, without regard to the preceding steps, if he or she commits an offense for which immediate discharge is specified as a penalty or if, in the Department Head's judgment, the employee's continued presence would be contrary to the well being of the City or any of its employees. Until action by the Mayor is taken the employee shall be suspended with pay. The Mayor may seek advisory input from the City Council in regards to significant disciplinary action or tenninated review for full time employees before making final determination, Purpose. The primary purpose of the disciplinary system is to correct improper behavior, not to impose penalties. The City expects its Department Heads and Supervisors to recognize situations where disciplinary measures are the most appropriate means to the end. Perspective. Discharge is an ultimate means to correct a problem, when all else has failed. An employee, whose behavior or poor performance is due to lack of knowledge or experience, should receive training and assistance, not discipline. First Violation. Counsel the employee and issue a verbal warming. The Department Head and/or Supervisor shall notify the employee that he or she is receiving a formal warning. The Department Head and/or Supervisor shall place an informal memo in the employee's history file with the employee's knowledge. The Department Head and/or Supervisor shall also inform employee of the contents of that memo. Second Violation. The Department Head and/or Supervisor shall hold a meeting with the employee, at which time the nature of the offense will be explained, and the employee shall be warned that any repetition could lead to the suspension or discharge of the employee. The Department Head and/or Supervisor shall offer help to the employee in solving the problem. A formal written warning shall be issued concerning the prior incident. One copy shall be given to the employee and one copy shall be placed in the employee's file. Third Violation. The employee shall be suspended up to five (5) days without pay upon approval by the City Administrator, Chief of Police or Executive Director of Parks and Recreation. The employee shall be warned that a single further offense may be grounds for suspension up to thirty days or discharge. Upon the third violation, the Mayor and City Council shall be notified. Fourth Violation. The employee shall be given a suspension more than five (5) days up to thirty (30) days or discharged, observing the procedures in this manual for processing an involuntary termination. The Mayor, if time allows with advice from the City Council shall approve any suspension recommended by the City Administrator, Chief of Police, or Executive Director of'Parks and Recreation that is more than five (5) days without pay. 20 United City of Yorkville Employee Manual Final 02-10-04 Section 5.3 Grievance Procedure A grievance is defined as any expressed difference, dispute or controversy between an employee and the City, concerning the circumstances and conditions that concern the working relationship or work. environment, however discipline and discharge procedures are not subject to review under the grievance procedure. If an employee has any complaint that cannot be handled orally by consultation with his immediate supervisor, they may submit in writing within fifteen ( 15) calendar days, his grievance to both the Department Head and the City Administrator, for review by the City Administrator. When the City Administrator has reached a decision regarding the resolution of the problem a letter or memo shall be sent back to the Department Head and to the employee within thirty (30) calendar days. In the event the employee is not satisfied with the resolution proposed by the City Administrator, the employee may request within twenty-one (21 ) calendar days an independent review by the Mayor. The Mayor will respond in writing to the employee, the employee' s immediate supervisor, Department Head, and City Administrator, within thirty (30) calendar days. Any action taken by the Mayor will be final. This grievance procedure does not include any employee who is covered by a collective bargaining agreement unless specifically specified within the agreement Section 6 Payroll Administration, Hours of Work and Overtime Section 6.1 Regular Hours of Work Section 6.1.1 Workday hours and lunch breaks I All non-exempt employees shall be scheduled for an eight and half (8.5) hour workday which includes an unpaid 1/2 hour lunch break, except swom police officers who's workday will be determined by the Chief of Police.. Lunch breaks for all City administrative offices shall be scheduled not to disrupt City services. Section 6.1.2 Public Works employee "On Call" status, duties, and payment Employees will be required for "On Call." duties to maintain the city public infrastructure. They shall be expected to check pumps and perform other such work as may be directed from time to time. The employee shall check the status of the wells, pumps, and lift stations approximately 7: 00 &m. and wells again at approximately 4:00 p.m. for which they shall receive a minimum of two hours pay at the overtime rate. Personnel so selected for "On Call" duty shall be available for emergencies unless other arrangements are made between employees. Any such arrangements made shall require notification to the Department Head. I Section 6.1.3 Work Schedule I The work week shall consist of forty (40) hours per week for all City non-exempt full time employees. The Department Head shall determine the length of the shift and starting time providing there is no disruption to City services. Furthermore, the Mayor and City Council shall determine the hours of operations for all City administrative services.. 21 United City of Yorkville Employee Manual Final 02-10-04 Section 6.2 Shift Changes All employees shall normally be given fourteen (14) days notice of any changes in regular working hours, except in cases of emergency, or by mutual consent of employee and Department Head. Section 63 Payroll Administration All salaried, hourly, and part-time personnel shall be paid biweekly. Up to a one-week delay in payment may be in effect for regular and overtime hours. Further payroll and reimbursement policy details are as follows: a. Paychecks will be issued no later than 12:00 p.m. on payday. b. All full-time employees with health insurance coverage will have $ 1 .00 withheld from the first paycheck of each month for their contribution to the health insurance costs. (Participating plan.) This fee is subject to change upon a review and approval by the City Council with a ninety (90) day notice to the employees that the City Council is reviewing a proposal to change plans or fee structure before approval. c. Insurance reimbursement checks shall be issued with all other vendor checks only after approval by City Council. d. Department Heads or their designee shall distribute payroll checks. e. All dental and vision assistance request must be given to the Accounting Clerk by April 30 of the current year except as stated in Section 8.3b Rollover DentallVision Policy.. f All the above shall apply unless extraordinary circumstances prevent them from occurring. g. Hourly pay is defined as base pay plus all stipends. _. Section 6.4 Callback Pay All full time employees covered by this Personnel Policy who are called back to work after having left after a full scheduled work day shall receive a minimum of two (2) hours work at time and one half pay. A call back is defined as an assignment of work that does not immediately precede or follow an employee's regularly scheduled work hours. Department Heads do not receive overtime pay, but may take time earned, when the demands of the position allow them to do so, with the approval of the Mayor. Section 6.5 Overtime Scheduling Time worked in excess of the established regular workweek hours constitutes overtime work. Before performing any overtime work the employee must receive approval from their supervisor or Department Head. 22 United City of Yorkville Employee Manual Final 0240-04 Section 6.6 Overtime Pay a. Overtime pay shall be considered that time worked which is more than a normally scheduled workday or forty (40) hours per week. Overtime pay shall be paid at the rate of one and one-half times the hourly rate, determined by dividing the annual salary by 2,080 hours. b. All full time, non-exempt employees will be compensated for all hours worked as described within their job description and duties as authorized, which means no employee shall work as an independent contractor or receive a stipend for hours worked except as authorized as an appointed position, Employees shall be duly compensated under the FLSA for hours worked; however employees may be subject to discipline for performing unauthorized work. Section 6.7 Compensation Time a. The City encourages the use of compensatory time, provided the net result is a saving of wage expenditures. b. Compensation time for non-exempt employees is earned at the rate of 1 '/z hours for each hour of overtime worked, C. All non-exempt, full-time employees (at their discretion and with their Department Head's approval), shall be allowed to take compensation time. This is in lieu of any overtime hours worked for which an employee waives overtime pay. An employee is allowed to use compensation time by the hour and/or day provided compensation time is earned and overtime is waived before requesting compensation time, Sworn full-time employees may take compensation time, as outlined in their police collective bargaining agreement i i d. There is a cap of 240 hours of compensatory time that may be accrued for all non-exempt employees. The City reserves the right to require employees to use compensatory time or to "cash out" accrued hours except forty (40) hours at any time with a thirty (30) day written notice to their Department Head. C. Upon termination of employment, the employee will receive cash compensation for any accrued comp time remaining.. f; The City will honor an employee's request to use comp time within a reasonable period of time following the proper request, so long as the use of the comp time will not "unduly disrupt" the City's operations.. Section 6.8 Pay Adjustments a Wages for all City employees shall be reviewed by April 151 of each year. Any adjustments in pay shall be granted at this time, to be effective with the first payroll of the following fiscal year, (May 1). This is not meant to imply that raises shall automatically be granted. Wages and benefits, directly related to their respective departments, is an 23 United City of Yorkville Employee Manual Final 0240-04 addendum to this Personnel Policy. This addendum may be updated from time to time to reflect City Council approved adjustments. b. A new employee hired within six (6) months before a wage increase may not be eligible for such wage increase until satisfactory completion of a six-month period of time. Section 6.9 Longevity Pay Longevity stipend will be made to all full-time exempt and non-exempt, non-bargaining employees based on the below schedule. This stipend is added to the annual salary for non-exempt employees and exempt employees will receive the stipend on the 1�` pay period of the employee's anniversary of date of hire, After 6 years, but less than 9 years $ 750 After 9 years, but less than 14 years $1000 After 14 years, but less than 20 years $ 1250 After 20 years, but less than 25 years $ 1500 After 25 years $2000 Section 7 Leave Time Section 7.1 Vacation Leave a. Employment anniversary dates shall govern the number of vacation days allowed. b, Full-time and eligible part-time employees are entitled to the following vacation time. First year employees shall not receive a vacation until the completion of one year of employment, unless otherwise approved by the Mayor and City Council. One (1) year through five (5) years - (80 hours) Six (6) years through ten (10) years - (120 hours) Eleven (11 ) years or more - (160 hours) C. Employees earning eighty (80) or more hours vacation may take up to forty (40) hours vacation as pay, subject to the approval of the Department Head. I Vacations are normally requested in forty (40) hour increments. Eight (8) hours of vacation leave may be taken in single days with the approval of the Department Head. All requests must be submitted at least fourteen (14) days in advance and approved by the Department Head. Any vacation request submitted for the calendar year by February 280i will be approved based on seniority and scheduling to provide essential services. When the vacation leave request is approved the employee has reserved his right to his leave; however, all leaves are subject to review and/or cancellation for major emergencies or extreme circumstances, which may cause a personnel shortage. e. Provided the employee has made a reasonable effort to take vacation time, but such time was denied due to scheduling problems, one week of unused vacation time may be 24 United City of Yorkville Employee Manual Final 02- 10-04 carried over into the next year, or the employee shall receive pay for the unused vacation. The Department Head shall make this decision. f. Upon termination of employment, the employee shall receive prorated accumulated vacation pay on the basis of 1/12 for each full month worked past the employee's appointment date, based upon the employee's vacation time determined by length of employment. i Section 7.2 Holiday Leave I a Holiday pay shall be paid to all full-time employees. b. All employees shall receive their normal rate of pay with the day off: This is not I intended to imply they shall receive any additional pay, but only the pay they would have received had they worked the day as a normal workday. c. All sworn, non-exempt, full-time employees' Holiday Pay will be covered as outlined in the police collective bargaining agreement.. d. Publi c Works employees called in to work on a holiday shall receive double pay for the number of hours worked. This means that an Employee shall receive his holiday pay, plus double time pay for hours worked. e. The following twelve (12) holidays shall be observed: New Years Day Martin Luther King, 7r.'s Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day f. Besides the twelve (12) holidays listed, all employees shall receive two (2) floating holidays, which cannot be accumulated if not taken. Department Head's approval must be obtained before taking the floating holidays. Section 73 Sick Leave Section 7.3.1 Purpose, Allowance, and Accumulation. Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time to time and that their financial resources may be diminished 25 United City of Yorkville Employee Manual ]Final 02 -10-04 in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. An employee who is unable to work by reason of a non-duty related illness, injury, or disability as contained herein may take sick leave. Employees shall accrue eight (8) sick leave hours per month to a maximum accrual of 960 hours. Section 73.2 Medical Verification, The City may, at its discretion, require an employee to submit a physician's verification of illness or other conclusive evidence of illness, and such verification normally will be required for illnesses requiring the use of more than twenty-four (24) hours of sick leave. Section 7.33 Sick Leave Utilization. Sick leave may be utilized only for the purposes as stated in the first paragraph of this section. Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate of pay. Employees will use accrued sick leave in reverse accrual order, Thus, when an employee uses a sick leave hour, the last sick leave hour earned is removed from his accumulated sick leave. Abuse of sick leave shall be considered grounds for disciplinary action. Absent employees who have exhausted their accumulated sick leave shall not be compensated for further absences unless approved by the City Council, Section 7.3.4 Unused Sick Leave. On May 15 of each year, an employee who has used less than the sick leave he has accumulated in the immediately preceding fiscal year (May 1 through April 30) will be asked if he wishes to sell back the accrued sick leave earned in that fiscal year at a rate equivalent to fifty (50%) percent of his regular rate of pay as determined on April 306' for each sick hour sold back. The number of sick leave hours for which an employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees electing to sell back their sick leave will be paid to them by June 151i. An employee who is eligible upon separation to collect a retirement pension under EvIRF or the Police Pension Fund, who leaves the City's employment [through retirement, a reduction in force, or voluntary resignation] and has been employed by the City for more than ten (10) years shall be paid for all unused sick leave at fifty (50%) of his regular rate of pay for all accumulated and unused sick leave up to 960 hours. Section 7.4 Reporting of Absences All Department Heads shall keep an accurate account of any employee absences including their own. Arriving and reporting to work regularly and on time is one of the employee's prime responsibilities. Failure to be on the j ob when scheduled reduces the efficiency of the City. Illness should be reported to the employee's immediate supervisor one (1 ) hour before the start of the employee' s shift. Failure to secure proper permission for the use of personal days and/or sick hours or to report illness on time may result in full loss of pay for the hours involved for non-exempt employees. Exempt employees should apprise their immediate supervisor if they will not be present during normal business. 26 I United City of Yorkville Employee Manual Final 02-10-04 Section 7.5 Duty-Related Illness or Leave In the event of a work-related accident or death that occurs while on the job, all employees are eligible for worker' s compensation as provided by law. Employees covered by a collective bargaining agreement should consult the relevant agreement for additional information. The Department Head may consider a light duty program for any employee who has a medical release to return to limited duty. Section 7.6 Emergency and Bereavement Leave I Time away from the job due to emergencies will be granted at the discretion of the Department Head. The Department Head shall make the decision whether non-exempt employees shall receive paid or unpaid time off, or shall be required to make up missed time. Exempt or Supervisory employees shall be permitted to take emergency leave at the discretion of the Mayor or his/her designee, and where the need for leave is a day or more, the City may, at its discretion, designate such leave as unpaid leave time. Emergency time off for bereavement will only be allowed in the case of death of an immediate family member, (mother, father, brother, sister, child, spouse, mother-in-law, father-in-law), or in special cases as approved by Department Head. These days are separate from floating holidays and sick hours. Section 7.7 Military Leave The City will provide for leaves for uniformed or military service in accordance with the requirements of state and federal laws. If an employee needs to take leave for uniformed or military service, they should submit a copy of their orders along with their request for leave as soon as they become aware of the need for leave. Please contact the City Administrator for further details about the uniformed or military leave rights, These provisions apply to all Illinois employers, including public employers. Furthermore, employees who are members of the reservists — either in the U.S. Armed Services or in the Illinois National Guard — are entitled to the following benefits (under Illinois Law) when mobilized to active military duty by presidential order: j • i Continuing compensation (minus the amount of the employee's base pay for military service) for the entire period of active military service; and • Continuing health insurance and other benefits the employee was receiving or accruing at the time the employee entered military service. Section 7.8 Jury Duty Leave Employees shall be granted leave with pay when required to be absent from work for jury duty. Employees are expected to contact their immediate supervisor and report to work when they are excused from jury service, temporarily or finally. Any payment received by the employee for jury duty shall be given to the City because the employee is receiving their full pay while on jury duty leave. 27 United City of Yorkville Employee Manual Final 02-10-04 Section 7.9 Unpaid Discretionary Leave Employees may obtain a leave of absence. The employee must seek approval for an unpaid discretionary leave from the Mayor and City Council. Such leave shall be unpaid and shall not be used to gain employment elsewhere, Section 7.10 Family and Medical Leave Section 7.10.1 General Statement It is the policy of the United City of Yorkville (the "City) to provide up to twelve (12) weeks of unpaid family and medical leave during a 12-month period to eligible employees in accordance with the Family and Medical Leave Act of 1993 ("FMLA"). The 12-month period is measured using a rolling backward year. Section 7.10.2 Eligibility In order to qualify to take family and medical leave under this policy, an employee must have worked for the city for at least twelve (12) months and at least 1 ,250 hours during the twelve ( 12) month period immediately before the date when the leave would begin. Section 7.103 Reasons for Leave a. A leave may be requested for any of the following reasons: (1) Child Care. To care for a child born to or placed for adoption or foster care with an employee; (2) Family Medical. To care for a spouse, child, or parent ("covered family member") with a serious health condition; or (3) Employee Medical. Because of an employee's own serious health condition which renders the employee unable to perform the functions of their position. Child Care Leave must be completed within the twelve (12) month period beginning on the date of birth or placement. In addition, spouses employed by the City who request Child Care Leave or leave to care for an ill parent may only take combined aggregate total of twelve (12) weeks during any 12-month period. b, Employees will not be granted an FMLA leave to gain employment or work elsewhere, including self-employment. Employees who misrepresent facts in order to be granted an FMLA leave will be subject to immediate termination. Section 7.10.4 Leave is Unpaid a. FMLA leave is unpaid leave. If an employee requests Child Care or Family Medical Leave, any accrued paid vacation and personal time must first be substituted and used for unpaid FMLA leave. If an employee requests Employee Medical Leave, any accrued paid vacation, personal and applicable sick leave (in that order) must first be substituted and used for any unpaid FMLA leave. The substitution of paid leave time for unpaid leave time or use of short-term disability does not extend the 12-week leave period. Employee Medical Leave will also run concurrently with leave taken under the City's disability leave policy and workers' compensation leave, if taken for an FMLA qualifying serious health condition. 28 United City of Yorkville Employee Manual Final 02-10-04 I b. If an employee takes vacation time/sick leave using salary continuation for a condition that constitutes or progresses into a serious health condition, the City may designate all or some portion of such leave as under this policy, to the extent that the paid leave meets the necessary qualifications. Section 7.10.5 Notice of Leave If an employee's need for FMLA leave is foreseeable, the employee must give the City at least thirty (30) days prior written notice. Failure to provide such notice may be grounds for delay of leave. Where the need for leave is not foreseeable, the employee is expected to notify the City as soon as practicable, generally within one to two business days of learning of the employee's need for leave. A request must be made in writing on the City's forms (Appendix K), available in personnel. Section 7.10.6 Medical Certification If an employee is requesting Employee Medical or Family Medical Leave the employee and the relevant I health care provider must supply appropriate medical certification. The City will supply all employees with medical certification forms. The medical certification must be provided within fifteen (15) days after it is requested, or as soon as reasonable under the circumstances. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. In its discretion and at its own expense, the City may require a second medical opinion, and if the first and second opinions differ, a third medical opinion. The third opinion will be provided by a health care provider approved jointly by the employee and the City and will be binding. The City may also require recertification periodically during a leave, and employees will be required to present a fitness-for-duty certificate upon return to work. following an employee medical leave. Section 7.10.7 Medical and Other Benefits a During an FMLA leave, the City will maintain the employee's health benefits on the same conditions as ifthe employee had continued working. If paid leave is substituted for unpaid FMLA leave, the City will deduct the employee's portion of the health plan premium as a regular payroll deduction, If' the FMLA leave is unpaid, the employee must make arrangements with the City to pay his/her portion of the premium. Group health care coverage will cease if the employee's premium payment is more than thirty (30) days late, but the employee will be notified at least fifteen (15) days before coverage lapses. Additionally, if the employee. fails to return from leave, the City will require repayment of any premium that was paid for maintaining the health coverage for the employee, unless the employee does not return because of a continuing or recurring serious health condition of either the employee or a covered member, or because of other circumstances beyond the employee's control. Employees are not entitled to other benefits or seniority accrual during the FMLA leave. b. Any changes in benefit plan provisions and costs may apply to individuals on FMLA leave the same as if they were actively employed, according to the terms of the applicable plan. 29 United City of Yorkville Employee Manual Final 0240-04 Section 7.10.8 Returning from Leave a_ Employees who return to work from FMLA within or on the business day following expiration of the twelve (12) weeks are entitled to return to his or her same position or to an equivalent position with equal benefits, pay or other terms and conditions of employment. The City may choose to exempt certain highly compensated ("key") employees from this requirement and not return them to the same or similar position.. b. If you take an Employee Medical Leave, you will be required to provide medical certification that you are fit to resume work. Employees failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. Section 7.10.9 Reporting While on Leave The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Section 7.10.10 Intermittent and Reduced Schedule Leave FMLA leave because of a serious health condition may be taken intermittently (in separate blocks of time due to a single covered health condition) or on a ieduced work schedule (reducing the usual number of hours an employee works per work week or workday) if medically necessary. If FMLA leave is unpaid, the City will reduce the employee's salary based on the amount of time actually worked. In addition, while the employee is on intermittent or reduced schedule FMLA leave, the city may temporarily transfer the employee to an available alternative position that better accommodates the employee recurring leave and which has equivalent pay and benefits. Section 7.10.11 Policy Administration This policy is intended to comply with and will be administered in accordance with the Family and Medical Leave Act of 1993 and any applicable regulations, definitions and law there under, as well as any state family or medical leave laws granting additional rights that are applicable to employees employed in Illinois. Section 7.10.12 Interrelation of Leaves Any leave taken pursuant to this policy, other City policies, a collective bargaining agreement, or law which qualifies as leave under the FMLA or any applicable state family or medical leave act, will be counted against the employee's available leave under the applicable City policies, collective bargaining, and/or law, as well as the available leave under the FMLA or applicable state law, to the extent permitted by such applicable law. Section 7.11 Benefits While on Leave a Time spent on extended unpaid leaves of absence may not be counted as creditable service for pension purposes. Further, if an employee goes on an approved, unpaid leave of absence for a period in excess of thirty (30) calendar days and wishes to continue to be 30 United City of Yorkville Employee Manual Final 02-10-04 i covered by the City's health or life insurance, he or she will be responsible for payment of the total monthly insurance premiums unless otherwise provided by law. b, It is the policy of the City NOT to request the City Council to grant INIRF Pension Credit and Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary leave of absence. C, Upon return, the City will place the employee in his or her previous assignment, if j vacant, the employee will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal.. If, upon the expiration of a leave of absence, there is no work available for the employee or if the employee could have been laid off according to his seniority except for his leave, he shall go directly on layoff. d. Employees will maintain their employment status and previously accrued benefits while on approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during the time they are on approved paid leave from City service. j e. Unless otherwise stated or otherwise required by law, length of service shall not accrue for an employee who is on an approved non-paid leave status. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Unless otherwise stated, an employee returning from leave will have his seniority continued after the period of the leave. Section 8 Employee Benefits All employees will be required to notify the employer of any changes in address or other personal information. Section 8.1 Health and Life Insurance Coverage a. All full-time and eligible part-time employees are covered under the City's health insurance plan. There may be a waiting period before new employees are eligible for coverage. After completion of the waiting period insurance shall begin on the first day eligible as determined by the health insurance policy then in effect. The City agrees to pay the premium thereafter for employees and their dependents, except for $ 1/month participation by the employee and the City reserves the right to change the monthly participation fee. The City will make every effort to provide employees with a ninety (90) day written notice of any proposed change, b. The City shall provide life insurance for full-time and eligible part-time employees, in the amount of $50,000. Spouses will be insured at $5,000 and dependents at $2,000. i C. Summary plan descriptions (SPD's), which explain coverage of your health and life insurance benefits in greater detail are available from the Accounting Clerk, The actual plan documents, which are available by making a written request to the Accounting Clerk, are the final authority in all matters relating to the benefits described in this Manual or in the summary plan description and will govern in the event of any conflict 31 United City of Yorkville Employee Manual Final 02-10-04 Additionally, the City reserves the right to change insurance carriers, change health maintenance organizations, self-insure, and/or change or eliminate any benefits at any time with a ninety (90) day notice, when practical in accordance with applicable law, Section 8.2 Pension Participation Section 8.2.1 Eligibility All employees who work 1 ,000 hours or more per calendar year are covered by the Illinois Municipal Retirement Fund (I.M,R.F.) pension to which the City and employees shall contribute. Section 8.2.2 Military Service Credit (Appendix L) All employees who were in active participating status under IMRF on the date of June 14, 2001 shall be allowed service credit to employees who served in the armed forces of the United States for up to two (2) years of service, prior to their participation in the Illinois Municipal Retirement Fund Section 8.3 Vision and Dental Assistance Employees and dependents shall receive the following vision and dental assistance in total. The amounts listed below may be increased from time to time by resolution. Please check current records. Employee ,. ,.. ....$300 per year Dependents......,3250 per year per dependent Note: An employee may opt to utilize an eligible coverage for himself or herself and/or his or her dependents, for one or more individuals of his family. a_ Bills must be paid by employee, and the employee will be reimbursed. Reimbursement requests must be submitted to the Department Head for approval. b. Employees may rollover remainder dental/vision funds for a time span of three (3) fiscal years to allow them to use the benefits cumulatively. (Appendix M) The maximum dollar amount an employee may keep accumulated is $3000. Section 8.4 Continuation of Medical Coverage An employee, who would otherwise lose group health insurance coverage because of a reduction in working hours or the termination of employment for reasons other than gross misconduct, is eligible to continue under the City's plan up to 18 months or for such other period time prescribed by law. The City will notify an employee of the time period for which continuation coverage may be provided. If an employee elects to continue coverage, he or she will be responsible for payment of the full premium, which amount may change from time to time. 32 United City of Yorkville Employee Manual Final 02-10-04 Section 8.5 Uniform Allowance The City shall provide uniforms for all full-time and eligible part-time employees, required to wear uniforms.. Replacement shall be provided, as authorized by the Department Head. The specifics of uniform style shall be defined in Departmental Policy and approved by the City Council. i Section 8.6 Education and Training a. The City shall pay all expenses including wages at regular pay, travel, and training fees I for any full-time or approved part-time employees enrolling in "required" training courses. b. All requests by an employee for the enrollment to a college degree or certificate program must be submitted by the Department Head to the Mayor and City Council for approval. Then all courses related to the program shall be eligible for payment subject to budget approval. This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval. Furthermore, the employee shall provide a grade or transcript to the Department Head upon the completion of each course. Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. c. The City may pay all expenses of an elective course. An elective course is one that may benefit the City by added knowledge, but is not directly related to City operations. d. The tuition and fees only (no books or materials) of an elective or required course will be 6 d paid through direct billing from the appropriate school. The employee will sign the KES OLUTI ON payroll deduction form prior to the enrollment of the course stipulating to the following 140 2005 -04 provisions will apply: if a grade of a C-average or better is attained upon the completion kSSED 1 /25 /05 of the course the class will be considered complete and paid for by the City. If less than a C-average is attained, the employee will be required to pay back 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction ! sign off form or direct payment to the City, I e. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form (Appendix l) for all employees who attend training outside the Chicago Metropolitan area. f If arrangements can be made with company or institutions that are more advantageous to the City, efforts will be made to benefit from those arrangements. Employees taking off- shift classes that are required shall be paid at their regular rate of pay, including mileage. g, When seminars are deemed in the best interest of the City by the Department Head and the appropriate City Council Committee, only Committee approval is needed to send an employee to the seminar and pay expenses incurred. However, if the seminar or conference is stated within the narrative of the budget this constitutes approval. 33 United City of Yorkville Employee Manual Final 02-10-04 In addition, all out-of-state travel for meetings/seminars/training/conferences that have numerous locations the Department Head must select the most cost effective destination. For any request that is not included within the narrative of the budget the Department Head must receive approval by the Mayor and the appropriate City Council Committee. h. Educational stipends will be paid for education in their related field over that required for entry level of that position as follows for all full-time non-bargaining employees: Associate Degree or 60 Credit Hours 2% Bachelor's Degree 2% Master's Degree 2% This stipend is applicable only to one (1) degree beyond that necessary for entry level of that position except that all are eligible to earn up to the Bachelor Degree level as outlined above (one-time annual salary adjustment.) Section 8.7 Travel Expenses Meals and Lodging. Employee's lodging and meal expenses shall be covered as a maximum reimbursement per diem while traveling on City Business. A Department Head will submit a per diem request prior to the event with his/her signature to the Accounting Clerk for bill list issuance of a check of the receipts may be submitted after the event for reimbursement of the actual amount spent up to a maximum of $40 per day for meals, Per Diem will not be paid for a meal included with the price of registration of the event. The $40.00 per day allowance for meals will be broken down as follows: $10.00 for breakfast, $ 10.00 for lunch, and $20.00 for dinner, Lodging will be set at a standard/Governmenticonference rate not to exceed $150.00 per night and prior approval from the Department Head must be obtained for any and all increases to this amount for lodging. The Meals, Mileage and Lodging form must be submitted, but if the amounts are greater than the above, receipts must accompany the form and have the Department Head' s approval. Section 8.8 Internal Revenue 457 Deferred Compensation Plan (Appendix O) The City offers for all full time employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan, which creates the opportunity for financial benefits and favorable tax treatment on the part of its employees. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. Section 8.9 Employee Credit Union (Appendix P) The City offers for all employees to participate and become members of the Aurora Earthmovers Credit Union, The City will assist in any necessary or required deductions and payments to the Aurora Earthmovers Credit Union for any of the employees who become members. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. 34 United City of Yorkville Employee Manual Final 02-10-04 APPENDICES A. Employee Manual Acknowledgement Form B. Board of Fire and Police Commissioners — Ordinance 92001 -40 C, Employment Background Check Wavier and Release of All Claims Form D. Equal Employment Policy — Resolution # 1993 - 18 R Employee Assistance Program Resolution 41996-10 F. Drug Free Workplace Policy — Resolution # 1993- 17 G.. State Gift Ban Act — Ordinance 41999-12 H. Safety Policy Resolution 41997-08 1. Vehicle Policy - Approved 12/8/00 L E-Mail, Voice mail, Computer and Office Equipment Acknowledgement Form K. Family Medical Leave Act Leave Request Form L. Illinois Municipal Retirement Fund Service Credit for Military Service - Resolution 42001 -31 M. Accrual of Dental and Vision Benefits — Resolution 42001 -23 N. Off-Premise Training Hours Worked Agreement O. Internal Revenue Code 457 Deferred Compensation Plan for Employees — Resolution 41994- 16 P. Credit Union — Resolution #1996-02 f I I I Listing of Appendices APPENDIX A EMPLOYEE ACKNOWLEDGMENT FORM EMPLOYEE ACKNOWLEDGEMENT FORM I acknowledge having received a copy of the United City of Yorkville's Employee Manual and I agree to read and become familiar with its contents. I understand that this Manual is not an express or implied contract of employment and that it does not create any rights in the nature of an employment contract. Rather, this Manual is an overview of personnel policies related to my employment. Nothing shall restrict my right to terminate my employment at any time and nothing shall restrict the right of the City to terminate my employment at any time. I also understand that all the policies, miles, and regulations in the Manual may be changed from time to time. Employee Signature Employee's Printed Name Date of Acknowledgement Revision Date of Manual: APPENDIX B ORDINANCE 92001 -40 — BOARD OF FIRE AND POLICE COMMISSIONERS ORDINANCE #2001-40 AN ORDINANCE CREATING A BOARD OF FIRE AND POLICE COMMISSIONERS FOR THE UNITED CITY OF YORKVILLE, I WHEREAS, based upon the results of the current Census taken in the fiscal year 2000-2001 confirmed by the Federal Government, the population of the United City of Yorkville now exceeds 5;000 inhabitants; and . WHEREAS, pursuant to 65 ILCS 5/10-2. 1 -1 et. seq. it is required pursuant to the Illinois Municipal Code that a Board of Fire and Police Corilmissioners be created for the purpose of regulating and providing the hiring, discipline, negotiation of contracts, and all matters relevant to a Municipal Police and/or Fire Department if such exists; and WHEREAS, the United City of Yorkville has a full-time Municipal Police Force, but does not have a Municipal Fire Department that will come under the jurisdiction of the Board of Fire and Police Commissioners; and WHEREAS, the City Council of the United City of Yorkville and the Mayor are required to appoint an initial Board of Fire and Police Commissioners, based upon the nomination of the Mayor, consent of the City Council, and qualification of office by execution of the appropriate Affidavit as .is required by Statute complying with the terms of qualification for said appointment; and WHEREAS, all statutory notices, time frame--, and other actions necessary for the creation and adoption of the Board of Fire and Police Commissioners have been taken by the United City of Yorkville; and the City Council and Mayor having reviewed the contents of this Ordinance and deeming it in the best interest of the United City of Yorkville to adopt and approve: NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of those so voting the following action is hereby Ordained and enacted by the United City of Yorkville: SECTION l : CREATION That a Board of Fire and Police Commissioners is hereby created to manage the affairs of the Municipal Police Department of the United City of Yorkville, to provide rule-making for the operation of said Department; to assume all duties of hiring, discipline, retirement regulation and the like for the successful operation of the United City of Yorkville Municipal Police Department. The Chief of Police will remain a position appointed by the Mayor with the advice and consent of the City Council and will not be hired or disciplined by the Board of Fire and Police Commissioners. SECTION 2: TERM The Mayor of the United City of Yorkville, with the consent of the City Council shall appoint three members to said Police Board within thirty days (30) of the passage of this Ordinance pursuant to section 5/10-2. 1-2 of the Illinois Municipal Code. One member shall serve by appointment until the end of the current fiscal year of April 30, 2002 one appointed member shall serve until the conclusion of the next City Municipal fiscal year concluding on Apri130, 2003; and the third member shall be appointed for a term that shall cease on April 30, 2004. Thereafter at the next successive appointment for each respective office, the Commissioners so appointed shall be appointed for a three year term by the Mayor with the consent of the City Council. APPENDIX B ORDINANCE #2001-40 — BOARD OF FIRE AND POLICE COMMISSIONERS SECTION 3: QUALIFICATIONS OF OFFICE Upon appointment as a Commissioner to the United City of Yorkville Board of Fire and Police Commissioners, the individuals so taking office shall execute an Affidavit under oath prior to taking office setting forth the following qualifications in order to serve as a Commissioner on the Board of Fire and Police Commissioners pursuant to the Illinois Municipal Code: A, Affiant has not been convicted of a felony under the laws of this State or any comparable laws of any other State or the United States. B. Affiant shall not be related either by blood or marriage up to the degree of first cousin to any elected official of the United City of Yorkville. C. Affiant is aware that no more than two members of the Board of Fire and Police Commissioner shall belong to the same political party existing in the Municipality at the time of the appointment as defined in Section 10-2 of the Illinois Election Code, or of any State or National Political Party. D. Affiant may not be employed by, or hold an appointed or elected office of the Municipality of the United City of Yorkville while serving as a member of the Board of Fire and Police Commissioners. E. Affiant must be a registered voter of the Municipality of the United City of Yorkville and have resided with the United City of Yorkville and qualified as an elector for at least one year prior to appointment as a Commissioner. F. Affiant shall not be interested directly or indirectly, in any contract, work or business of the Municipality or sale of any article of goods, services, or contract of any kind to or with the Municipality of The United City of Yorkville. G. Affiant may not be a purchaser, or seller of any real property to the Municipality or be involved in the purchase or sale of real estate for delinquent real estate taxes within The United City of Yorkville. SECTION 4: SAVINGS CLAUSE To the extent that this Ordinance is in conflict with any presently existing Ordinance or portion thereof; such prior conflicting Ordinance or part thereof is hereby repealed. The repeal of any Ordinance by this Ordinance shall not affect any right accrued or liability incurred under such repealed Ordinance. - SECTION 5: SEVERABILITY Should any provision of this Ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions will remain if full force and effect the same as if the invalid provision has not been a part of this Ordinance. SECTION 6: EFFECTIVE DATE, This Ordinance shall be in full force and effect July 12, 2001 from and after its passage and approval by the Mayor and City Council. APPENDIX B ORDINANCE 92001-40 — BOARD OF FIRE AND POLICE COMMISSIONERS IN WITNESS WI' jE.REOF, this Ordinance hae been enacted this 1_r�'day of 2001. MIKE ANDERSON JOSEPH BESCO VALERIE BURR PAUL JAMES . LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA, (J I APPROVED py me, as Mayor of the United City of I'orkville, Kendall County, Illinois, this ( ay of A.D. 2001. YOR PASSED, by th City CouncU of the United City of Yorkville, Kendall County, Illinois this tt • Day of V AD,, 2001. k � CITY MERK _ Prepared by: Law Offices ofDaoiel J. Kramer 1101A S. Bridge Street Yorkville, llliaois 60560 630.553.9500 i APPENDIX B ORDINANCE #2001-40 — BOARD OF FIRE AND,POLICE COMMISSIONERS AFFIDAVIT OF PROSPECTIVE COMMISSIONER FOR UNITED CITY OF YORKVILLE BOARDOOF FIRE AND POLICE COMMISSION NOW COMES the undersigned Afliant, being first duly sworn on oath, who in support of the Affiant's nomination as a Commissioner of the United City of Yorkville Fire and Police Commission does state as follows: A. I have not been convicted of'a felony under the laws of this State or any comparable laws of any other State or the United States. B. I am not related either by blood or marriage up to the degree of first cousin to any elected official of the United City of Yorkville. C. I am a member of the following political parties: I acknowledge the requirement of Illinois Law that provides that no more than two members of the Board of Fire and Police Commissioner shall belong to the same political parry existing in the Municipality at the time of the appointment as defined in Section 10-2 of the Illinois Election Code, or of any State or National Political Party. D. I am not employed by the United City of Yorkville. I do not hold an appointed or elected, office in the United City of Yorkville. I acknowledge that I cannot be employed by or hold appointed or elected office in the United City of Yorkville while serving as a member of the Board of Fire and Police Commissioners. E. I am a registered voter in the United City of Yorkville and have resided with the United City of Yorkville, qualified as an elector, for at least one year prior to my appointment as a Commissioner. F. I am not interested directly or indirectly, in any contract, work or business of the Municipality or sale of any article of goods, services, or contract of any kind to or with the United City of Yorkville. G. I am not a purchaser or seller of any real property to the United City of Yorkville and I am not involved in the purchase or sale of real estate for delinquent real estate taxes within the United City of Yorkville. 1 further hereby acknowledge and. confirm that the contents of the above Affidavit are true and correct and have fully disclosed any qualification that would prohibit me from acting as a Commissioner of the United City of Yorkville Board of Fire and Police Commissioners. Date: Affiant: APPENDIX B ORDINANCE #2001-40 — BOARD OF FIRE AND POLICE COMMi SSIONERS STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) The Affrant, .being first duly sworn on oath, deposes and states that he/she is the Afflant who signed the foregoing Affidavit; that he/she understands the contents thereof; and the same are true and correct. AFFIANT Subscribed and sworn to before me, I NOTARY PUBLIC APPENDIX C CRIMINAL. BACKGROUND CHECK WAIVER AND RELEASE OF ALL CLAIMS FORM CRIMINAL BACKGROUND CHECK WAIVER AND RELEASE OF ALL CLAIMS FORM Please read this form carefully and be aware that by agreeing to allow the United City of Yorkville to investigate your criminal background you will be waiving and releasing all claims for damages you might sustain arising out of the criminal background check and review. I understand that a successful criminal background check is a condition of my employment or volunteerism with the City of Yorkville. I agree to waive and relinquish all claims I may have against the City of Yorkville and its officers, agents, servants, and employees, as a result of participating in the criminal background check. I do hereby fully release and discharge the City of Yorkville, its respective officers, agents, servants, and employees from any and all claims from damages which I may have or which may accrue to me on account of the results of any aspect of the criminal background check. I have read and fully understand this Waiver and Release of All Claims. Signature Date �I Printed Name a Please complete First Name Middle Name Last Name Maiden Last Name Date of Birth Sex Race y ; 1 Social Security Number. Driver's License Number State APPENDIX D RESOLUTION #93-18 - EQUAL EMPLOYMENT POLICY RESOLUTION 993-18 UNTIED CITY OF YORKVILLE EQUAL EMPLOYMENT POLICY NOW THAT IT BE RESOLVED THAT THE CITY OF YORKVILLE 1 .. Adopts the attached EQUAL. EMPLOYMENT POLICY. 1 Authorizes the City Administrator to implement this policy and enforce its provisions. i THE uNrrED CITY OF THE viLLAGE AF YORKVILLE. Approved this day of 1993. i MAY R CTfY CLERK UNTIED CITY OF YORKVILLE EQUAL EMPLOYMENT POLICY It is the policy of the City of Yorkville to promote nondiscriminatory practices in its hiring and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act (42 U.S.C, § 2000), and all State Civil Rights Legislation No person shall, on the grounds of race, sex, religion, color, national origin, age, or handicap be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part, by Federal funds. The City Administrator shall oversee civil rights compliance. APPENDIX E RESOLUTION 91996-10 - EMPLOYEE ASSISTANCE PROGRAM RESOLUTION #1996-10 (APPROVED APRIL 257 1996) RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO MERCY CENTER EMPLOYEE ASSISTANCE PROGRAM CON'T'RACT AGREEMENT WITH THE UNITED CITY OF THE VILLAGE OF YORKVILLE WHEREAS, MERCY CENTER BEALTH CARE SERVICES, offers an Occupational Health Services Employee Assistance Program; and WHEREAS, this program is to provide assistance to Employers and their Employees to assist, counsel and support Employees who have personal problems that mayor may not effect their job performance; and WHEREAS, the Mayor and the City Council of THE UNI'T'ED CITY OF THE VILLAGE OF YORKVILLE after reviewing such an Occupational Services Program believe it is in the best interest of the Employees of THE UNTIED CITY OF THE VILLAGE OF YORKVILLE and the Citizens of the VILLAGE OF YORKVILLE that the CITY OF YORKVILLE enter into such an Agreement; and WHEREAS, the City Council and the Mayor believe that such a program will serve the best interest of the community in that it will allow Employees of the CITY OF YORKVILLE to meet the services that they need to assist them and to adjust to these problems and maintain a good work record and be able to more fully address the job duties with THE UNTIED CITY OF THE VILLAGE OF YORKVILLE; and WHEREAS, this Program provides for a financial benefit in that it provides reduced rates then those of an individual who would seek such services on their own, and therefore is a savings to the CITY OF YORKVILLE overall; and WHEREAS, allowing Employees to seek help for problems through this program will greatly assist the City in maintaining a high level of Employee moral and also maintaining a level of benefits to keep the Employees at a maximum level of service to THE CITY OF YORKVILLE: NOW THEREFORE THAT IT IS RESOL VED BY THE UNITED CITY OF THE VILLAGE OF YORKVILLE that the Mayor is authorized to enter into the Employee Assistance Program Contract Agreement between the UNITED CITY OF THE VILLAGE OF YORKVILLE and MERCY CENTER FOR HEALTH CARE SERVICES, Said Agreement is attached hereto as Exhibit "A". i Law OHiees of IIanie2 T_ Krasier 1107A So th Bridge St Yorkville, Illinois 60560 .708..5539500 ` i APPENDIX E RESOLUTION #1996- 10 - EMPLOYEE ASSISTANCE PROGRAM OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM (EXHIBIT A TO RESOLUTOIN 91996-10) This Agreement between Mercy Center for Health Care Services, an Illinois not for profit corporation, ("Mercy Center") the City of Yorkville ("Employer") is effective the 1st day of May, 1996. i 1 . The goal of this Agreement is to establish an Employee Assistance Program (EAP) for the benefit of the Employer and its employees by establishing and implementing an employee approved mechanism to assist, counsel and support employees who have personal problems that may, or may not, affect their job performance. 2. The basic elements of an EAP include: a) identifying the Employee Assistance Liaison b) assisting the Employer in the development of a written EAP policy and promotional plan c) approval of the EAP policy by management d) supervisor training e) notification to and orientation of employees and their families, and f) establishing a reporting mechanism Mercy Center will assist Employer in the development and implementation of the EAP as requested by the Employer. The actual scope of Mercy Center's services to be performed under this Agreement is set forth in Exhibit A attached hereto. 3. For all services rendered by Mercy Center, Employer agrees to pay Mercy Center the fees set forth in the Schedule of Fees attached hereto as Exhibit B. Unless otherwise stated in Exhibit B, Employer agrees to pay Mercy Center's fee on a quarterly basis, beginning the first of the month following supervisor training. Invoices for amounts due Mercy Center more than thirty (30) days past due shall bear interest at the rate of twelve (12) percent per annum until paid. 4. A Mercy Center staff member will be designated as the Employee Assistance Director, for the Employer's EAP. The employee's initial contact will be with the Director or appropriate designee, who will determine the nature and extent of the employee's problem and develop an intervention plan. In cases where short term counseling is indicated, i.e. , one (1) to three (3) counseling sessions, the Director or designee will provide the needed counseling at Mercy Center on an outpatient basis. 6. Employer acknowledges and understands that alcohol and drug abuse information disclosed to the Employer is protected by federal confidentiality rules (42 CFR Part 2) and that federal rules prohibit the Employer from making any further disclosure of this information, unless further disclosure is expressly permitted by the person to whom it pertains. The federal rules restrict any use of the information to criminally investigate or prosecute any alcohol or drag abuse patient. APPENDIX E RESOLUTION #1996-10 - EMPLOYEE ASSISTANCE PROGRAM 7. The parties recognize that this Agreement at all times is to be subject to applicable state, local and federal laws and regulations. This Agreement shall be subject to amendments in such laws and regulations and to new legislation. Any provisions of law that invalidate, or otherwise are inconsistent with the terms of this Agreement, or that would cause one or both of the parties to be in violation of the law, shall be deemed to have superseded the terms of this Agreement, provided, however, that the parties shall exercise their best efforts to accommodate the term and intent of this Agreement to the greatest extent possible consistent with the requirements of law. 8. Unless terminated earlier, this Agreement shall remain in effect for a period of one (1) year from the date hereof. After the expiration of the first three (3) months of this Agreement, either party may terminate this Agreement upon sixty (60) days prior written notice to the other party. 9. This Agreement contains the entire understanding of the parties and supersedes all prior written or oral representations, negotiations, communications, understandings or agreements concerning the subject matter hereof 10. The terms of this Agreement may be amended, modified, or cancelled only through written instrument signed by both parties, 11 . This Agreement shall be governed and interpreted under the laws of the State of Illinois. 12. This Agreement may not be assigned or subcontracted in whole or in part by either party. OCCUPATIONAL HEALTH SERVICES EMPLOYEE ASSISTANCE PROGRAM EXHIBIT A VY TNESSETH WHEREAS, Mercy Center is a hospital in the business of providing a wide range of medical and health care services, including, but not limited to, the assessment, counseling, treatment and referral of patients; WHEREAS, Mercy Center has developed an Employee Assistance Program ("EAP") designed to assist corporations in handling the social, behavioral and other life problems of employees; and WHEREAS, Employer desires to implement the EAP for the benefit of its employees. NOW, THEREFORE, for and in consideration of the premises and covenants contained herein, the parties agree to develop and implement the EAP to the Employer's place of business in accordance with the following terms and conditions: I. DEFINITIONS A. The EAP The EAP is a program whereby Employer-makes available to its employees and family members professional and confidential assessment and referral of social, behavioral and other life problems. The specific services provided pursuant to the EAP are further described in paragraph 2.1) of this Agreement. APPENDIX E RESOLUTION 91996-10 - EMPLOYEE ASSISTANCE PROGRAM B. Employee Employees include all full-time employees of the Employer, who are compiled at Employer's principal place of business as stated above, from the first day of employment. i C. Family Member Family members include employee's spouse and children residing in the employee's household. D. Covered Persons Covered persons include employees and family members. E. EAP Director The EAP Director shall be an employee of Mercy Center, designated to carry out the assessment, consultation and referral responsibility of Mercy Center, pursuant to this Agreement. The Director shall be experienced in employee assistance counseling and have medical and psychiatric consultation available. F. Service Provider A Service Provider shall be any physician, or other individual, health care provider, agency, institution, or organization to whom the EAP Director or EAP Director's designee refers an employee or family member for diagnosis and treatment. II. RESPONSIBILITIES OF MERCY CENTER. Upon execution of this Agreement, Mercy Center will assist Employer in developing and implementing the EAP at Employer's place of business. Specifically, Mercy Center will provide, subject to the approval of Employer, the following services: A. EAP Development 1 . Policy Statement, Mercy Center will prepare a written statement describing the EAP, employee and family member eligibility and procedures for utilization of the program. 2. Supervisor's Manual Mercy Center will develop a supervisor's manual, which assists Employer's supervisory personnel in recognizing and understanding employee social, behavioral and other mental health related problems and instructs the supervisor in the proper use of the EAP. B. EAP Marketing 1 . Employee Letters. Mercy Center will prepare a letter for distribution by Employer to each employee introducing and describing the EAP. 2. Letters to Family Members, Mercy Center will prepare a letter to be distributed by the Employer to the family members of each employee introducing and describing the EAP. APPENDIX E RESOLUTION #1996-10 - EMPLOYEE ASSISTANCE PROGRAM 3. Literature As mutually agreed between the parties, Mercy Center will provide employer with EAP brochures, posters and wallet cards. The employer will be responsible for distribution of these materials. C. Education Mercy Center will prepare and conduct the following education seminars at Employer's place of business. All seminars shall be scheduled at such times as are mutually agreed upon by the parties. 1 . A two hour management-supervisor training session will be presented and include: a) Introduction to the `Broad Brush Il EAP concept b) Documented job performance c) How to use EAP for consultation d) How to refer employees to EAP 2. The Policy and Employee Assistance Program will be presented to the employees. This will be done by 30 minute employee orientation sessions. D, EAP Services 1. Assessment/Consultation/Referrals a) Appointments for EAP services can be made by calling (708) 892- 2809. A message will be taken and the EAP Director, or , appropriate designee, will respond to the call. Scheduling of appointments and other business calls are expected during normal business hours. The EAP is available for emergency situations, 24 hours per day, seven days per week. Depending upon the level of urgency, the EAP will facilitate crisis intervention or schedule an in-person interview the next business day. b) The EAP Director or designee provides assessment, referral, and short term counseling to covered persons and, as deemed appropriate, makes referrals to appropriate service providers for further assessment and disposition. c) EAP sessions shall be conducted on a voluntary basis only. Covered persons may seek EAP services by contacting the EAP directly, or an employee designated by Employer to coordinate the EAP. Employees advised of and encouraged to participate in the EAP, due to a job performance issue, shall be encouraged to notify his/her supervisor of participation in the program, authorize the release of employment records to the EAP Director and authorize the EAP Director to discuss the employee's situation with the Employer. d) The EAP Director or designee will follow up with the covered person after referral to a service provider, so as to encourage use of the service provider and offer additional referrals, should the covered person so desire and, if authorized by the covered person, J APPENDIX E RESOLUTION #1996-10 - EMPLOYEE ASSISTANCE PROGRAM follow up and coordinate the covered person's treatment and progress with the service provider and Employer. However, it is understood that Mercy Center's assessment, evaluation and j consultation obligations terminate upon referral of a covered person to a service provider, does not extend to the provision of services by a service provider and that it is the responsibility of each covered person to obtain service provider services and follow j prescribed treatment. e) It is understood that service providers will be selected by the EAP Director and that Mercy Center programs, departments and staff members may be selected as service providers if the EAP Director determines, in his/her sole discretion that said service providers would be appropriate for a particular situation. Statistical review will identify service provider utilization. 2. Referral Resources, Mercy Center shall maintain current information regarding multi-treatment services and resources. These include professional services related to chemical addiction, psychiatric illness, marital or relationship issues, stress, grief; family, financial and legal problems. 3. Employer Benefit Plans. Mercy Center will become familiar with Employer's medical and disability benefit plans so as to provide covered persons with basic and preliminary information regarding the extent, nature and cost of referral treatment and reimbursement benefits available. In conjunction with this service, Mercy Center will obtain utilization guidelines from any health maintenance organization to which Employer belongs and to the extent possible, establish working relationships with each organization to which Employer belongs and to the extent possible, establish working relationships with each organization providing or administering Employer medical and disability benefits. E. Other Services 1 . Health Education and Wellness Consistent with the Mercy Center holistic philosophy of health care, Mercy Center will offer employees two hours of health education and wellness programs per twelve month period of this Agreement. Additional hours of health education and wellness programs may be purchased at Mercy Center's then current fees for conducting said program. 2. Management Reports Mercy Center will provide quarterly and annual reports. Said reports will aggregate total assessments, consultations and referral sources, Mercy Center will provide no individually identifiable employee or family member information or aggregate statistics from which Mercy Center believes individually identifiable information may be derived. APPENDIX E RESOLUTION 91996-10 - EMPLOYEE ASSISTANCE PROGRAM III, RESPONSIBILITIES OF EMPLOYER A. Employer shall print and distribute to covered persons, the employee and family member letters and other information concerning the availability and purposes of the EAP. Employer shall not distribute or otherwise convey these materials to any individual or entity except as provided in this Agreement nor distribute any written materials which refer to Mercy Center, unless prepared by Mercy Center, or prepared by Employer with the written approval of Mercy Center. B. Employer will provide Mercy Center current information regarding the Employer's medical and disability plans and keep Mercy Center apprised of any changes to said plans. C. Employer will require its management and supervisory personnel to attend the appropriate EAP education seminars. D. In accordance with the Policy Statement and Supervisor's Manual, Employer shall encourage covered persons to utilize the EAP assessment and referral services. E. Employer shall implement the EAP in conjunction with its own personnel policies and procedures, offering EAP services to its employees on a voluntary basis and as part of, but not as substitute for, Employer's disciplinary procedures. F. Employer shall utilize Mercy Center as its sole provider of EAP services during the term of this Agreement. IV. OWNERSHIP AND CONFIDENTIALITY OF EAP RECORDS All information obtained and records created as a result of any communication between covered persons and Mercy Center shall remain confidential and the sole property of Mercy Center. Said information and records shall be released only with the appropriate written consent of the individual covered person as otherwise authorized by law. v. RELATIONSHIP OF THE PARTIES Mercy Center and Employer shall remain independent contractors and Mercy Center's responsibilities to Employer are expressly limited to those set forth in this Agreement. This Agreement shall not be deemed to establish any relationship of employment between Mercy Center and covered persons. No service provider to whom Mercy Center refers a covered person shall be deemed to be an agent or employee of Mercy Center by reason of this Agreement. Each service provider shall establish its own independent relationship with Employer, employee or family member . 1 APPENDIX E RESOLUTION 41996- 10 - EMPLOYEE ASSISTANCE PROGRAM VI. INSURANCE AND INDEMNIFICATION A. Mercy Center for Health Care Services is a not for profit Illinois Corporation and is self-insured- Employees in the performance of their jobs are covered under the hospital insurance. B. Each party to this agreement shall indemnify and hold harmless, its officers, directors, employees, and agents from and against any and all liability , damage, expense, loss, cost, claim cause of action, suit or judgment, including the cost thereof and attorney's fees, which they or any of them may suffer, incur or sustain or for which any of them may become liable as a result of any act or omission, or alleged act or omission of Employer, its officers, directors, employees and agents E30MIT B I. FEES A. In consideration for the services provided by Mercy Center pursuant to this Agreement, Employer shall pay Mercy Center $25.00 per employee per each 12 month term of this Agreement. Initial payment shall be made upon completion of training and quarterly thereafter B. For purposes of paragraph 1 .A., the total number of employees shall be the total number of employees on the payroll of Employer on the effective date of this Agreement, which number Employer represents equals 41 . Employer shall notify Mercy Center each time its total number of employees increase by ten percent ( 10%) or more, and shall pay Mercy Center an additional fee for each additional employee at a prorated fee of$25.00 per employee per 12 month term. Upon request, Employer shall furnish Mercy Center with satisfactory evidence of the total number of such employees employed by Employer upon the signing of this Agreement, at the beginning of each renewal term and upon the reasonable request of Mercy Center, said requests not to exceed three (3) per year. C. It is expressly understood and agreed that the charges stated herein are exclusively for the services of Mercy Center provided pursuant to this Agreement. Fees and charges for services provided by a service provider, including Mercy Center as a service provider, will be as established between the covered person or Employer and the service provider. II �I APPENDIX F UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY DRUG-FREE WORKPLACE POLICY Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety and health, promote crime, lower productivity and quality and undermine public confidence in the work City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts, 41 USC 701, et seq., and ill. Rev. Stat. 1992, ch. 127, par. 132.311 et seq., in order for the City to be considered a "reasonable source" for the award of federal or state grants, it is appropriate to adopt the following policy: A. Any location in which City business is conducted, whether at this or any other site, is declared to be a drug-free workplace. All employees are absolutely prohibited from unlawfully manufacturing, distributing, dispensing, possessing or unlawfully using controlled substances or alcohol, as defined in the federal and state Drug-Free Workplace Acts, in the workplace. & Employees are expected and required to report to work on time in appropriate physical and mental condition to perform duties of their jobs. C. Employees have the right to know the dangers of drug abuse in the workplace, the City's policy about them and what help is available to combat drugs problems. Employees needing assistance in overcoming drug abuse problems are encouraged to seek professional assessment, treatment support and aftercare at appropriate outside agencies. Conscientious efforts to seek such help will not jeopardize any employees' job nor will it be noted in any personnel record. However, referral to such programs in no way exempts an employee from discipline for less than acceptable job performance. D. As a condition of employment, each employee shall: 1 . Agree in writing to abide by the terms of the Center's policy respecting a drug and alcobol-free workplace; and 1 Agree, as required by law, to inform his or her supervisor of his or her j conviction of any criminal drug or alcohol Statute, for a violation occurring on or off City premises, while conducting City business, no later than five (5) days after such a conviction. A conviction means a finding of guilt (including a plea of "no 10 contendere") or the imposition of a sentence by a Judge or jury in any federal or state court, and/or a finding of Court supervision. E. An employee who violates the terms of this policy may be subject to disciplinary action including suspension and/or termination. 1 . The city shall take prompt disciplinary action with respect to any employee who violates this policy. In any event, the City shall take disciplinary action APPENDIX F UNITED CITY OF YORKVILLE DRUG-FREE WORKPLACE POLICY with an employee convicted of'a drug offense in the workplace no later than thirty (30) days after receiving notice of the conviction. 1 Should the city be a current participant in a federal education program in which the center is the prime grantee and a direct receiver of federal funds, the City shall notify the appropriate federal agency from which the City receives grant monies of the employee conviction within ten (10) days after receiving notice of the conviction. 3. The City may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program. ACKNOWLEDGEMENT OF POLICY I acknowledge receiving the City of Yorkville's Drug-Free Work Place Policy and I have read and understand its terms. Printed Name Signature Date APPENDIX G ORDINANCE #1999-12 — PROHIBITING SOLICITATION AND ACCEPTANCE OF GIFTS ORDINANCE 91999-12 (REVISED JUNE 99 1999) AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNT'S', ILLINOIS, PROHIBITING THE SOLICITATION AND ACCEPTANCE OF GIFTS AND ADOPTING THE STATE GIFT BAN ACT (5 ILCS 425/1 ET.SEQ.; P.A. 90-737) WHEREAS, the General Assembly has enacted the State Gift Ban Act (P.A. 90- 737; House Bill 672; 5 ILCS 425/1 et seq.), which became effective on January 1 , 1999; and WHEREAS, Section 83 of the Act (5 ILCS 425/83) provides in pertinent part: Within 6 months after the effective date of this Act, units of local government, home rule units, and school districts shall prohibit the solicitation and acceptance of gifts, and shall enforce those prohibitions, in a manner substantially in accordance with the requirements of this Act and shall adopt provisions no less restrictive than the provisions of this Act. WHEREAS, in preparing to meet the mandatory July 1 , 1999, deadline, imposed by the Act, the Mayor and City Council of the United City of Yorkville have determined that the Act contains several procedural and substantive defects and several ambiguities and inconsistencies which make compliance with the dictates of Section 83 of the Act difficult and perhaps impossible; and WHEREAS, while the Illinois Municipal League has requested the General Assembly to amend and clarify the Act so Illinois municipalities may have clear guidance in bringing themselves into compliance With the Act, it has become apparent that a legislative response will not be provided prior to the deadline imposed by Section 83; and WHEREAS, the corporate authorities of the United City of Yorkville, Kendall County, Illinois; in an effort to comply with the action required by Section 83, hereby pass and approve this Ordinance to bring the United City of Yorkville, Kendall County in compliance with the dictates of the Act; and WHEREAS, the corporate authorities of the United City of Yorkville strongly encourage the General Assembly to take immediate action to clarify the procedural and substantive provisions of the Act so elected and appointed officials and the employees of Illinois Municipalities will have clear and unequivocal ethical procedures and rules that will control their conduct. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVTLLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Code of Ordinance of the United City of Yorkville are hereby amended with the addition of the following provisions: I. State Gift Ban Act Sec. A- 101 . Adoption of Act. a. The State Gift Ban Act (5 ILCS 425 —) is hereby adopted as required by Section 83 of the Act (5 ILCS 425/83). b. The solicitation or the acceptance of gifts prohibited to be solicited or accepted under the Act is prohibited by any elected or appointed official or any employee of the City. APPENDIX G ORDINANCE #1999- 12 — PROHIBIIING SOLICITATION AND ACCEPTANCE OF GIFTS See. A-102. Ethics Officer, To the extent authorized by law and to the extent required by Section 35 of the Act (5 ILCS 425/35), the Kendall County States Attorney is appointed to serve as the "ethics officer" for the City, pursuant to the consent given by the Kendall County States Attorney to serve in that capacity. The ethics officer's duties shall be as provided in Section 35. Sec. A-101 State Legislative Ethics Commission: Complaints. All complaints for violations of the Act and this Ordinance shall be filed with the State legislative ethics commission (created by Section 45 (a)(6) of the Act). See. A- 104. Future Amendments to State Gift Ban Act. Any amendment to the State Gift Ban Act (5 ILCD 425/1 et seq.) that becomes effective after the passage of this Ordinance shall be incorporated into this Ordinance by reference and shall be applicable to the solicitation and acceptance of gifts. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Ordinance by reference without formal action by the corporate authorities of the City. Sec. A-105. Future Declaration of Unconstitutionality of State Gift Ban Act. (a) If the Illinois Supreme Court declares that State Gift Ban Act (5 ILCS 425/1 et seq.) unconstitutional in its entirety , then this Ordinance shall be repealed as of the date that the Supreme Court's decision becomes final and not subject to any further appeals or rehearings. The Ordinance shall be deemed repealed without further action by the corporate authorities of the City if the Act is found unconstitutional by the Illinois Supreme Court. (b) If the Illinois Supreme Court declares part of the State Gift Ban Act (5 ILCS 425/1 et seq.) unconstitutional but upholds the constitutionality of the remainder of the Act or does not address the remainder of the Act, then the remainder of the Act as adopted by this Ordinance shall remain in full force and effect; however, that part of this Ordinance relating to the part of the Act found unconstitutional shall be deemed repealed without further action by the corporate authorities of the City. SECTION 2: This Ordinance shall be in effect upon its passage, approval and publication as provided by law. it i APPENDIX G ORDINANCE #1999-12 — PROHIBTIING SOLICITATION AND ACCEPTANCE OF GIFTS PASSED. this :..;L%�Vft dayo 1999. . 1999 APPROVED this � . o Y . MAYOR . i PUBLISHED is p et form this _ day of 1999 . U C CLERK , -3- APPENDIX H RESOLUTION 497-8 - APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR i RESOLUTION 997-8 RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE SAFETY POLICY, AUTHORIZING THE MAYOR TO SIGN THE POLICY STATEMENT AND APPOINTING A SAFETY DIRECTOR WHEREAS, the Mayor and the City Council of the UNITED CITY OF YORKVILLE, deem it to be in the best interest of the City and the Community to adopt a Safety Policy for the City employees; and WHEREAS, the Safety Policy is beneficial to the employees of the City; and WHEREAS, a Safety Director is necessary to implement the Policy. NOW THEREFORE BE IT RESOL VED by the UNITED CITY OF YORKVILLE: I . The United City of Yorkville Safety Policy dated March 12, 1997, attached hereto and made a part hereof; is hereby approved and adopted. 2. The Mayor is authorized to sign the Safety Policy Statement. 3 . The Mayor shall appoint a Safety Director for the Safety Policy with the approval of the City Council each year at the time of appointment of all other City appointed positions. The Safety Director is granted authority to implement and enforce the provisions of the Policy pursuant to the guidelines set out in the policy. 4. The Safety Policy is hereby made an addendum and part of the City Employee Manual. 5, Any Safety Committee required by the Safety Policy to be made up of department heads, shall be appointed by the Mayor with the approval of the City Council. These appointments shall be made yearly at the time the Mayor makes his regular City appointments. I I i i APPENDIX H RESOLUTION 997-8 - APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR, PASSIM AND APMOVED db ® dsy of , Im ATMST: Law Offi m of `et t Krmw 9 IOTA S. Bridge 5k Yrgti.^Y ilef IL 60360 APPENDIX H RESOLUTION 997-5 — APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR UNTIED CITY OF YORKVILLE SAFETY POLICY Prepared by J. T. Johnson Director of Public Works for the UNITED CITY OF YORKVILLE, ILLINOIS 111 West Fos Street, Suite 3, Yorkville, Illinois, 60560 March 12, 1997 I UNITED CITY OF YORKVILLE( SAFETY POLICY STATEMENT It is the policy of the City of Yorkville to plan safety, loss control, and operating efficiency in all aspects of our operations.. We will afford every incentive, both moral and financial within budgetary constraints, to minimize the hazards that adversely affect the safety of our personnel, the security of our property, and the well-being of members of the public, exposed to our operations and personnel. In response to these incentives, we will promote achieving as high a degree of safety and loss control as possible. Our plan includes measures that are designed to eliminate, reduce, or control the various hazards and exposures which cause incidents to occur. This includes training of our personnel at all levels of responsibility in necessary safety and loss control practices. Responsibility for accident prevention and loss control will be delegated to each person in the organization the same as he or she is delegated responsibility otherwise as part of their job function.. Management will expect all employees to have a positive attitude about safety and loss control. We feel that our goal of high safety awareness and reduction of losses is an honorable one. Therefore, we sincerely solicit the collective support of everyone in our organization to achieve this goal_ The Mayor and City Council of the United City of Yorkville fully supports this organization's Safety Awareness and Loss Control Program. Mayor Robert son APPENDIX H RESOLUTION #97-8 — APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR. EMPLOYEE SAFETY RESPONSIBILITY TO ALL EMPLOYEES: As a member of our organization you automatically accept a moral obligation to your fellow employees and an economic obligation to the organization to see that operations under your care, custody, and control are carried out in an efficient and safe manner. Along with other responsibilities, safety consciousness must always exist in your thinking and planning. Because of this obligation, you must not only prevent obvious unsafe acts on your part but you must anticipate potential hazards and alert other employees if any work performed is perceived to be unsafe, to the best of your ability. After an accident occurs, it is too late to prevent it. All employees must recognize that working in an unsafe manner is counter productive. Most important, each employee is encouraged to demonstrate leadership ability by setting a good example. DEPARTMENT BEAD RESPONSIBILITY As with the Safety Executive Manager, The Department Heads' primary role is leadership. These individuals are ultimately responsible for the Loss Control performance of their individual departments. Therefore the Department Heads' must develop in their supervisors and employees a high degree of performance in loss control work. They should: • Set performance standards for the various work areas, stressing safety and loss control awareness. • Evaluate supervisors according to performance standards. • Assist members of the Accident Review/Safety committee to uphold a high degree of safety. • Assist on accident investigations of serious accidents. o Conduct periodic (quarterly) tours of department facilities for adequate safety practices. SUPERVISORY RESPONSIBILITIES Each Supervisor shall have the full authority to maintain a safe and healthful working condition within his or her jurisdiction. Whether it be in the field, in the shop, or in the office, personnel problems and hazards vary from department to department, it is expected all supervisors will work at all times to control injuries. They should: e Assume full responsibility for safety and healthful working conditions for his or her employees while they are under his or her jurisdiction. APPENDIX H RESOLUTION #97-8 — APPROVED SAFETY POLICY/APPOINTING SAFETY DIRECTOR. • Insure that all management policies and procedures herein are fully implemented for maximum efficiency of each job. • Take the initiative in recommending correction of deficiencies noted in facilities, work procedures, employee job knowledge, or attitudes that adversely affects loss control efforts. • Insure that each employee is fully trained for the job he/she is assigned to do, that he/she is familiar with published department work rules, and certifies in writing that he/she understands compliance is necessary. • Takes affirmative action upon safety suggestions and continuously demonstrates concern over the entire safety program and sets a good example by working safely himself: • Observes working conditions and methods to prevent the development of unsafe working i practices. • Investigates thoroughly the causes of all accidents and takes corrective action. • Insures all accidents are properly reported, regardless of the extent of injury or property damage. • Instructs all employees regarding disciplinary policies for violation of safety rules and insures .impartial positive enforcement. • Supports the Safety Committee in the promotion of the Committee's activities. DUTIES OF THE SAFETY DIRECTOR The Safety Director should be management's representative in all safety activities and develop, implement, and administrate the complete Safety Awareness/Loss Control Program in accordance with management's policies. The duties include, but are not limited to, the following guidelines: • Provide the leadership and stimulation necessary to assure and maintain full employee interest and participation. • Become familiar with all job operations to assure and maintain full employee interest and participation.. • Organize a safety committee composed of department heads. The Safety Director should be a permanent member of this committee. • Encourage and coordinate the safety training activities for all departments. ® Establishes the procedures for the completion and handling of all accident reports and follow-up. o Organizes a self-survey schedule for all departments. o Cooperates and assists the City of Yorkville's chosen Safety Awareness/Loss Control Consultant on all survey tours and service calls. ® Reviews and selects applicable safety materials for display or distribution. o Advises management on the development and progress of the Loss Control Program. APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNTTED CITY OF YORKVILLE VEHICLE POLICY ADOPTED 02-10-2004 1. SCOPE A. To describe the policies and procedures pertaining to vehicle use. This policy will be adopted to maintain a consistent and legal operating system for all United City of Yorkville vehicles. The Mayor, City Administrator and Police Chief, will oversee each Department Head's enforcement of this policy and its procedures. Department Heads will supervise the procedures within their own departments. H. POLICY A. The vehicles will be used and maintained under the terms of this policy as written. Responsibility and control of the vehicles will remain with each Department Head in the United City of Yorkville. . B. The purpose of this policy is to make it absolutely clear to all employees that the United City of Yorkville is very concerned about motor vehicle safety and proper care of city equipment_ The United City of Yorkville vehicles are to be used only for transporting equipment, employees and city affiliated personnel while conducting city business. III. CRITERIA A. An employee, a person whom receives a payroll check from the United City of Yorkville, when authorized by a Department Head, may operate a city vehicle. Department Heads shall provide a monthly report, to the Administration Committee on vehicle usage. B. City Affiliated Personnel, City Council, Board Members, and Mayor, (when authorized by a Dept. Head), may operate a city vehicle to conduct city business. A City vehicle (any vehicle owned or leased by the United City of Yorkville) will be operated only by an authorized person who possesses a valid Illinois State Drivers License of proper classification for the vehicle being-driven/operated, vehicle insurance, and a good driving record. A copy of the driver's license must be placed in the employee's personnel file. C. Current Employee Driving Standard. Employees who currently drive a city vehicle or their own vehicle on city business must maintain a valid driver's license, vehicle insurance and with a good driving record. The city recognizes that drivers who consistently violate state motor vehicle codes expose themselves and the community to potential bodily injury and/or property damage. D. The following identifies High Risk drivers. Employee drivers would be considered HIGH RISK. if they have had any of the following: 1 i APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1 . Two or more moving violations within a 12-month period. 1 One moving violation and one preventable accident while driving a city vehicle within a 12 month period. 3. Any combination of moving violations or preventable accidents while driving a city vehicle within a 24 month period totaling more than three. Employees designated as high risk will be required to participate in a driver improvement course recommended by the Yorkville Police Department and are subject to being excluded from driving a city vehicle, IV, PROCEDURES INDEX BY DEPARTMENT A. General Procedures For All Departments 1 , All Employees will receive, understand and abide by the rules and regulations of this policy. 2. City vehicles are to be used for conducting City business only. Personnel assigned as "on call" are authorized 24-hour use of their assigned vehicles to increase command presence in the field, allow for immediate communications capabilities and/or enhance the overall operation. 3 . City vehicles authorized for 24-bour use are to be used for commuting to and from work or when performing official City duties. They are not to be used for personal purpose (other than de m;mm;s personal or approved medical), nor for the transportation of anyone other than City employees or people working with or for the City in an official capacity. 4. Only City employees and affiliated personnel are to be transported in City vehicles, unless their presence is necessary for City business. 5. Drivers must be thoroughly familiar with and follow all State and Federal regulations governing the particular type of motor vehicle they are operating, 6. The use of seat belts in all vehicles for any individual present in a City vehicle, Any individual utilizing a City vehicle must use a seat belt 7. Headlights will be turned on whenever windshield wipers are needed. 8. Vehicles should be kept neat inside and outside and every precaution must be taken to prevent debris from being blown or falling off trucks or from being discarded by vehicle occupants. Vehicle windows shall be closed and doors locked when not in use, 9. All damage to vehicles must be reported to the Department Head immediately. 10. Employees who are involved in a traffic accident with a City vehicle or while operating their personal vehicle on City business, must report the accident to their Department Head as soon as possible after the incident, but no later than 24 hours after the incident Furthermore, the local police department must be contacted to request a police report to be made anytime the accident involves collision, property damage, and/or personal injury, 11 . It is the driver's responsibility to see that the vehicle is inspected for oil and gas and report any mechanical failures to the Department Head, The driver will follow any 2 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVIL,LE VEHICLE POLICY additional instructions given by the Department Head as to cleaning and gas. A Vehicle Service Record should be completed showing any service done on the vehicle. 12. Department Heads are to provide to the administration Committee a monthly report on vehicle usage. 13. Engines are to be warmed up in the winter before driving the vehicle. 14. First aid kits and fire extinguishers must be kept in each vehicle and can be found behind or under the seat, or in the trunk of each vehicle. Let a Department Head know when refills are needed. 15. At no time shall anyone drive any City vehicle while intoxicated or under the influence of any illegal drug(s) or alcohol. 16. Abuse of vehicle privileges may result in disciplinary action. B. Administration j 1 . Employees given the privilege of use of the City owned vehicle to and from his/her residence will complete a Vehicle Agreement Form to be kept in their personnel file. 2. Employee will conform to any I.RS. rulings with regard to use of vehicles for to/from commute. 3, Any employee assigned a vehicle for use during business hours will comply with all general procedures. Any emergency exceptions must be approved by the Mayor. a. The assigned vehicle will be parked at the employee's work location during off hours. b. The employee will abide with all other provisions of this policy. c. Any long term use exception would require City Council approval. C. Recreation Department 1 . No Recreation Department vehicles are to be used for personal use. All vehicles will be kept at Recreation facilities over night, unless special permission is obtained from the Park Board. 2. Vehicles will be washed as designated on assignment schedules. All vehicles will be maintained according to the manufacturers' recommendations, and monitored by supervisors and/or Directors. 3. A mileage form is available in the recreation vehicle and will be completed by the driver for each trip. A vehicle use form will be completed for each trip that entails a hill day. Employees must obtain permission for day trips from the Director two weeks in advance, if possible, Any Park Board member, Council member and/or City employee must also give two weeks notification prior to the date needed, to avoid scheduling conflicts with the departments, D. Parks Department 1 . Parks Department employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for _J 3 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 2, Parks Department employees shall abide by the Drug/Alcobol Abuse Policy for j Commercial Licensed Drivers as adopted and revised from time to time. 3 . Under certain emergency situations Department Heads may grant the use of a City- owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency (i,e.: severe snow storm). I E. Public Works Department I 1 . Public Works employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 2, Public Works employees shall abide by the Drug/Alcohol Abuse Policy for Commercial Licensed Drivers as adopted and revised from time to time, 1 Under certain emergency situations Department Heads may grant the use of a City owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency (i.e.: severe snow storm). F. Police Department 1 , Policy. To comply with State law and court defined constitutional limits of reasonableness which govern the operation of police vehicles. 2. Purpose, To insure that department personnel operate authorized emergency vehicles with due regard for their own safety and the lives and property of every citizen. 3, Definitions a. Emergency: when a police officer reasonably believes that there is imminent probability of death, personal injury or loss or destruction of property occurring, and the immediate action of that officer may avert or reduce the seriousness of the situation, b. Due Regard: that a reasonable careful police officer, performing similar duties and under similar circumstances, would act in the same manner. C. Motorized Pursuits: an active attempt to stop a moving motor vehicle that is resisting apprehension by: 1 .) Maintaining or increasing speed, and/ or 2..) Ignoring an officer's signal to stop, and/or 3.) Taking such evasive actions or maneuvers so as to prevent apprehension. d. High-Speed Pursuit: motorized pursuit at speeds that exceed the legal speed limit. e. Police Vehicle: any department-owned motor vehicle, in authorized use, or any vehicle authorized by the chief of police or his designated subordinate I 4 APPENDIX I REVISED 2/10/04 UNIIED CITY OF YORK.VILLE VEHICLE POLICY for use by a department member acting in the lawful capacity of police officer. f. Deadly Force: any force likely to cause death or great bodily harm. g. Reasonable Belief: what an ordinary and prudent person, in the same or similar circumstances would believe, based on his/her knowledge of the facts as they existed at the same time of the event 4. Operation of'Emergency Vehicles a. Police officers responsibility 1 .) All sworn officers shall be familiar with and shall comply with all sections of the state laws which apply to the operation of emergency vehicles. 2.) The special privileges accorded by law to emergency vehicles are only effective when the vehicle is readily identifiable as an emergency vehicle. 3.) Unmarked police vehicles shall not be operated as an emergency vehicle unless equipped with and utilizing a flashing red light and an audible siren. 4.) Police officers assigned to emergency calls shall monitor their police radios and shall acknowledge all communications conveyed to them by the communications officer or supervisor in charge. b. Assigned officer(s) shall respond to emergency calls rapidly but with a due regard for the safety of life and property. 1 .) Use of emergency lights: emergency lights shall be activated when responding to emergency calls to avoid conflicts which may occur at intersections, in heavy traffic, or in areas of restricted view. 2.) Use of siren: the siren shall be activated to avoid conflicts which may occur at intersections, in heavy traffic, or in areas of restricted view. 3 .) Speed: authorized vehicles shall not be operated at a speed that may cause loss of control of the vehicle or endanger life or property. Speed shall be reduced when approaching intersections and other area of conflicts. 4.) Spotlight: spotlights on the police vehicle shall not be used as a means for clearing traffic nor shall they be directed at windshields of oncoming traffic. Spotlights shall not\be used in lieu of authorized emergency lights. C. Special considerations 1 .) Upon approaching the immediate area of criminal activity, an officer may avoid announcing his/her arrival by turning off .emergency equipment and headlights at night, but only when such maneuvers can be employed without endangering persons or property. 2.) Although adverse reaction may result from the use of sirens at night in residential areas, the safety of the officer and the public is not abridged by the time of day and far outweigh any inconvenience which may occur. 5 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVIL,LE VEHICLE POLICY d. Supervisor's responsibility: The on duty supervisor shall monitor and coordinate the assignment and response to emergency calls. 1 .) Supervisors shall evaluate circumstances given which would justify an emergency call assignment, assist communications officers in evaluating such circumstances, and shall intervene when assignments given by the communications officer do not correspond to the circumstances. 2.) Supervisors shall monitor officer response to emergency calls to ensure compliance with department policy, officer and public safety, and efficient department response to emergency scenes. 5. Pursuit Driving a. Department Position 1 ) Law violators shall be pursued and apprehended whenever feasible under existing circumstances. A pursuit shall be terminated whenever the risks of the officer's safety of others, outweigh the danger to the community if the suspect is not apprehended. 2.) Officers shall weigh the seriousness of the violator's suspected crime against the potential for death or injury and the duration and the overall distance that may be traveled if the pursuit continues. 3.) When attempting to stop an offender who has not begun to flee, the police officer should try everything within his/her authority, keeping in mind his/her personal safety, to apprehend the suspect without resorting to a high-speed chase. This would include the use of the public address system and/or the spotlight or waiting until the subject parks or stops at traffic light before activating the light and/ or siren. b. Officers responsibility: the decision to begin, responsibility for continuation and the method of pursuit rest primarily, but not solely with the individual officer(s) involved. Although the law does not prevent officers from exceeding the posted speed limit while engaged in pursuit, it does hold officers criminally and civilly responsible for their actions. 1 .) Only police vehicles equipped with audio and visual emergency equipment shall enter into pursuit. It is the officer's duty to be reasonably sure his/her police vehicle is mechanically sound before entering into a pursuit. 2.) The pursuing officer has the responsibility to terminate a pursuit at any time, if in the officer's judgment, the risks outweigh the seriousness of the offense or if anyone's life is being unduly, threatened by the act undertaken. The officer may terminate pursuit without threat of any imposition of discipline or censure. 3.) The following should be considered a.) Is the pursuit undertaken with due regard for third parties? b.) Does the seriousness of the crime warrant the pursuit? c.) What is the likelihood of apprehension? d.) What are the roadway, traffic, and pedestrian conditions? e.) What are the weather conditions? 6 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY f.) What is the geographical location, (residential, business, commercial, school, etc.)? C. State Law permits police officer who engages in a pursuit to, based upon the reasonableness of their actions, exceed the speed limit and disregard other traffic regulations. d.. Emergency lights and siren shall be activated during the pursuit to ensure utmost safety to the officer and all others. e. When approaching an intersection where signal lights or stop signs control the flow of traffic, the officer shall: 1 .) Decelerate and be prepared to apply brakes, stopping if necessary. 2.) Enter the intersection only when safe to precede and at a reduced rate of speed so as to make cross traffic aware of the officer's presence. 3.) Resume pursuit speed only when safe to do so. 4.) Emergency lights and siren requests right-of-way and does not afford absolute right to disregard traffic signals or devices (red lights, stop signs, etc. ) f. Officers who become engaged in a pursuit shall notify communications of the following, as soon as it is practical to do so: 1 .) Suspect vehicle license plate number. 2.) Starting location and direction of travel. 3.) Vehicle, driver and occupant(s) description. 4.) Nature and severity of the offense warranting the pursuit 5.) Known possession of weapons and their types. 6.) Continuing updates of direction. 7.) Request for additional units and their positioning. g. Officers shall not cause intentional contact between their vehicle and the vehicle being pursued nor shall they maneuver along side or in front of their vehicle being pursued or into any position or potential collision with a pursued vehicle. h. Officers shall not attempt to stop a fleeing vehicle by shooting at it. i. Officers shall not continue pursuit into another jurisdiction without advising communications. 1 .) Whenever possible, the Illinois State Police Emergency Network (ISPERN) shall be used during the pursuit j. Officers shall not pursue a fleeing vehicle that leaves the roadway without permission from a duty supervisor. k. Assisting officer(s): all other members of the department shall refrain from entering an ongoing pursuit unless directly assigned by communications or a duty supervisor. 1 .) Officers involved in a pursuit shall not attempt to converge upon or pass the primary pursuit trait unless requested to do so by the primary pursuit unit 2.) Caravanning behind the pursued vehicle is discouraged. Whenever possible assisting units should try and parallel the pursued unit on a side street 7 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 3 .) Officers should exercise discretion in radio usage so that the radio airway can be kept open for the primary pursuit unit, 1, Supervisor responsibility: the on duty supervisor upon being advised of or becoming aware of a pursuit shall be responsible for the following: 1 .) The number of personnel assigned to the pursuit, allowing for proper police coverage throughout the remained of the city. 1.) Monitoring the pursuit's beginning and continuing locations. 1) Ordering termination of the pursuit to prevent risk and to ensure the safety of others, the public and the Aolator(s). Termination of a pursuit may be based upon, but is not limited to any of the following: a.) The severity of the offense(s) and the possible ultimate use of deadly force. b.) The length of pursuit time, c.) The roadway and weather conditions. d,) The time of day. e.) The geographical location (residential, business, commercial, school, etc,) f) The probable destination. 4.) Intervening and changing any incorrect assignment or misuse of police personnel involved in the pursuit. m. Reporting procedures and post-pursuit analysis 1 .) Officers involved in the pursuit shall prepare the required police reports and citations. 1) Additionally, the post-pursuit analysis form (Appendix A) shall be completed by the officer issuing the citations and attach it to the appropriate reports or case file. 3.) During report preparations, special care shall be given to the legal requirements listed in the Illinois Vehicle Code (Chapter 95 1 /2), Section 11 -205b which sets forth the parameters within which emergency and pursuit driving can take place, 4.) Officers shall adequately report all elements and facts of the pursuit, .making sure to document a description of the emergency vehicle, the nature and severity of the emergency or violation and all due caution afforded to unintended third parties or property. n, Roadblocks 1 .) Under certain circumstances, the blocking or barricading of roadways by means of police vehicles, barriers or obstacles may become necessary. Since there are legal consequences and inherent dangers associated with this course of action, roadblocks must be undertaken with due regard for the safety of third parities as well as the fleeing motorist. 2.) Moving roadblocks are strictly prohibited. 3 ,) The on duty supervisor shall be responsible to authorize and control all types of roadblocks. 8 APPENDIX. I REVISED 2/10/04 UNITED CITY OF YORK.VILLE VEHICLE POLICY o, Pursuit Roadblocks: 1 .) Fixed roadblocks shall be used as a last resort to apprehend a fleeing motorist who is wanted for a violent felony and who constitutes an immediate, serious threat to the safety of officers and third parties, o High visibility shall be maintained o Roadblocks shall be well lighted by means of interior and exterior lights, road flares and other available lighting equipment. o Spotlights shall be used to illuminate the area but shall not be used to blind the vision of oncoming drivers. o Placement shall : (1) Be on a flat, straight roadway, whenever possible. (2.) Allow all approaching vehicles ample time to stop safely. (3.) Be sure that public endangerment is limited by avoiding, if possible, certain areas (schools, gas stations, blind hills, busy intersections etc.) o All personnel shall be clear of the roadblock and blocking vehicles by maintaining a safe distance. o When a roadblock is initiated, a safety lane or escape route shall be provided. p. Traffic checkpoint roadblocks shall: 1 .) Control traffic in and out of major crime scenes. 1) Control access in and out of the scene of a major disaster or emergencies. 3 .) Not be employed as means of general or specific traffic enforcement unless authorized by the chief of police. 4.) Afford consideration for traffic speed at the roadblock, sight stopping distance and maintaining orderly traffic flow. 5.) Be staffed with sufficient manpower to properly check traffic without causing undue congestion. 6.) Provide that detained subjects shall be removed from the flow of traffic. q. Road hazard roadblocks -marked and semi-marked vehicles only. r. All officer shall take immediate action to set up a roadblock and shall notify a duty supervisor via communications, in the event that a roadblock must be set up to protect the public from potential hazard (flooding, traffic accidents, power lines down, etc.) S, The duty supervisor shall assess each situation as soon as possible and control the function and duration of the roadblock, consistent with the hazard involved t. The roadblock, shall be removed only by authority of the duty supervisor, upon notification by the officer that it is safe to do so. 6. Assistance to Foreign Police Agencies Assistance to foreign police agencies involved in a pursuit or conducting a roadblock shall be authorized through a duty supervisor under the provisions of Sections 3 and 4 of this order. 9 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY i Approved by: Date: I I 'Mayor i Attest: Date: City Clerk 10 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Department Name:_,_ Employee Name: Vehicle Number: UNITED CITY OF YORKVILLE, ILLINOIS VEHICLE AGREEMENT FORM This agreement describes the conditions and terms under which an employee of the United City of Yorkville is permitted the use of a City-owned vehicle for City business only. Full Name: Department Name: - Residential Address: Home Phone Number: Work Phone Number: Driver's License Number: Social Security Number: The following information pertains to the City owned vehicle assigned to the above employee for official City business only. CITY VEHICLE NUMBER: MAKE: MODEL: YEAR: i VEHICLE IDENTIFICATION NUMBER. (VIII: ODOMETER READING: ROUND- TRIP COMMUTE MILES: I have read in fall and understand the terms and conditions contained within this Vehicle Agreement (attached) and, by my signature below, I agree to said terms and conditions. i Signature Date 11 i APPENDIX I REVISED 2/10/04 UNITED CITY OF YORK.VILLE VEHICLE POLICY UNITED CITY OF YORICVELLE MILEAGE REPORT FORM (Please keep form in vehicle) *Push in trip button to reset trip mileage before and after use Driver Date Activity Miles j Driver Date Activity Miles j Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles j Driver Date Activity Miles Driver Date Activity. Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date_ Activity Miles Driver Date Activity Miles Driver. Date Activity Miles Driver Date Activity_ Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver, Date Activity Miles j 12 APPENDIX I REVISED 2/10/04 UNITED CITY OF YORK,VILL,E VEHICLE POLICY UNITED CITY OF YORKVILLLE VEHICLE USE FORM *Push in trip button to reset trip mileage before and after use Driver's Name: Driver's Signature: Dates) Department: Vehicle Use (Activity) Total Mileage: Inspection of Vehicle Before Trip: Inspection of Vehicle After Trip: Damage: Mechanical Difficulty: I Oil/Fuel on Departure: FULL % /z '/4 EMPTY Oil/Fuel on Return: FULL % '/z '/4 EMPTY 13 APPENDIX J E-MAIL, VOICE MAIL, COMPUTER, AND OFFICE EQUIPMENT POLICY E-MAIL, VOICE-MAIL, COMPUTER, AND OFFICE EQUIPMENT POLICY ACKNOWLEDGMENT FORM I understand that all computers and electronic communication systems and all information transmitted by, received from, or stored in these systems are the property of the City. I also understand that these systems as well as all other office equipment are to be used solely for job- related purposes and not for personal purposes, and that I have no expectation of privacy in connection with the use of this equipment or with the transmission, receipt, or storage of information in this equipment. i I agree not to use a code, access a file, or retrieve any stored communication unless authorized. I acknowledge and consent to the City monitoring my use of this equipment at any time at its discretion. Such monitoring may include, but is not limited to, printing up and reading all E-mail, computer data files or voice mail entering, leaving, or stored in these systems. ii I Name of Employee (Please Print) Employee's Signature Date Name of Management Witness (Please Print) Signature of Witness Date APPENDIX K UNITED CITY OF YORKVILLE EMPLOYEE FAMILY AND MEDICAL, LEAVE REQUEST UNPTED CITY OF YORKVII.LE EMPLOYEE FAMILY AND MEDICAL LEAVE REQUEST Date: To: Department:______.— From: Department: I would like to notify you of my need to take family/medical leave due to: Leave to begin on: and to continue until on or about: Signed: (Employee Signature) (a) Unless otherwise stated or otherwise required by law, length of service shall not accrue for an employee who is on an approved non-paid leave status. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Unless otherwise stated, an employee returning from leave will have his seniority continued after the period of leave. (b ) Time spent on extended, unpaid leaves of absence may not be counted as creditable service for pension purposes. Further, if an employee goes on an approved, unpaid leave of absence for a period in excess of thirty (30) calendar days and wishes to continue to be covered by the City's health or life insurance, he or she will be responsible for payment of the total monthly insurance premiums unless otherwise provided by law. (c) It is the policy of the City-NOT to request the City Council to grant RvW Pension Credit and Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary leave of absence. (d) Upon return, the City will place the employee in his or her previous assignment, if vacant; if not vacant; the employee will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. If, upon the expiration of the leave of absence, there is no work available for the employee or if the employee could have been laid off according to his seniority except for his leave, he or she shall go directly on layoff (e) Employees will maintain their employment status and previously accrued benefits while on approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during the time they are on approved paid leave from City service. ' I i i I Employer Response to Employee U.S. Department of Labor Request for Family or Medical Leave Employment Standards Administration (Optional Use Form -- See 29 CFR § 825.301) Wage and Hour Division ' I (Family and Medical leave Act of 1993) j OMB No. : 1215-0181 Date: Expires : 07)31103 j Ta (Empbyoo's Nemo) i From (Nome of Appupdeto Employer Ropmsonmaw) Subject: REQUEST FOR FAMIL MEDICAL LEAVE On _ , you notified us of your need to take family/madical leave due to: (two) ❑ The birth of a child, or the placement of a child witlyou fo adoption or foster care; or i • A serious health condition that makes you unable to perform the essential Wallops for your job: or • A serious health.condition affecting your ❑ spouse, ❑ child, ❑ parent, for which you are needed to piovida care. You notified us that you need this leave beginning on _ ��_ and that you expect � .. leave to continue until on or about (row• Except as explained below, you have a tight under the FMLA for up to 12 weeks of unpaid leave in a 12-month period for the reasons listed ebove. Also, your health benefits :must be maintained during any, period of unpaid leave under the same conditions as if you continued to work, and you must be reinstated to the some or an equivalent job with the same pay, benefits, and terms and conditions of employment pn your return from leave. If you do not return to work following FMLA lasve for a reason allm than: (1) the continuation, recurrence, or onset of a serious health condition which would entita you to FMLA leave; or (2) othei circumstances beyond your control, you may be required to reimburse us for our share of health Insurance premiums paid on your behalf during yoty FMLA leave. This 15 to Inform you that (chorkeppmpdmo mm;np a wrwMk1CfWMd) . 1. You are ❑ eligible ❑ ndl eligible for leave under the FMLA. 2. The requested leave ❑ will ❑ will not be counted against your annual FMLA leave entitlement. 3. You ❑ will ❑ will not be required to furnish medical certification of a serious health condition. If required, you must furnish certification by pmvd dots) (must be at least 15 days after you are notified of this requirement), or we may delay the commencement or your leave until the certification is submitted. 4. You may elect to substitute accrued paid leave for unpaid FMLA leave. We ❑ will ❑ will not require that you substitute accrued paid leave for unpaid FMLA leave, If paid leave will be used, the following conditions will aPPq". (ErgeW F= NM nee Jw h@W 51 (a) It you normally pay a portion of the premiums for your health insurance, these payments will continue during the period of FMLA leave.. krangDments for payment have been discussed with you, and It is agreed that you will make premium payments as follows: (Set forth dams, e.g., the 101h of each month, or pay periods, eta. Brat apadficady cover the agreement wino the employee.) (b) You have a minimum 30-day (Or, indleot) longer-PedOd if appil able) grace period in which to make Premium payments. If payment is not made timely, your group health insurance may be cancelled, pmvlded we notify you In wdIng at least 15 days before the date that your Beath coverage will lapse, or, at our option, we may pay your share of the premiums during FMLA leave, and recover these payments from you upon your return to work. We' will ❑ ❑ wnl not pay your share of health Insurance premiums while you are on leave. (c) We ❑ will ❑ will not do the scoria with other benefits (e.g., life Insurance, disability Insurance, etc.) while you are on FMLA loam If we do pay your premiums for other benefits, when you return from leave you ❑ will ❑ will not be expected to reimburse us for the payments made on your behalf. 6. You ❑ will ❑ will not be required to present a fitnessdor-duty cerlfimte prior to being restored to employment If such certification is required but not recoived, your return to work may be delayed until . iartig provided. Is provide . 7. (a) You ❑ are 13 we not a °key employee° as described In § B25217 of the FMLA regulations, If you are a 'key employee:' resioretion to employment may be denied fotowirg FMIA loam on the grounds that such restoration wig cause substantiel and gdsvaua emnomie kUmy to us as discussed In § 8252111 (b) We ❑ have ❑ , have not determined that restoring you to employment at the conclusion of FMLA leave wig cause substantial and grievous economic harm to us, (Explain (a) andlor (b) below. Sae 6825.276 of the FHA regulation's.) - 8. While on leave, you ❑ will ❑ will not be required to furnish u's with periodic reports every _ p n�tek darvalofpedcdcreporlsas appmpriaterorM& partfcularleamartuaffon) of your status end intent to return to work (see § 825,309 of the FMLA regulations). If the circumstances of your leave change and you are able to return to work e r ler than the data indicated on the reverse side of this form, you ❑ win. ❑ wig not be required to notify us at least two work days prior to the dale you Inland to report to work. t. You ❑ will ❑ wig not be required to fumish recerlTcation relating to a serious health condgfom (Explain , below. If necessary, tnduding the interval between certifications as prescribed In §825.308 of the FHd 4 regulations.) ' 7WS'opftW ova fmn may 00 Load to study m2uddmy WPby2r uqW =tit b PWW anpbyats 121100 FKA IoM W1h Wuhan mea detdCnO tP2etlit 22ptdt3an ad ObBpfOOm ar 0a =Pbyo2 221 tecank d arty eanwgomcet of 2 faeas to meal o"as obOgasent' (re CFR 825.001(bl t . Nog:Panora un rnl rmAdrel b risponl b too mltdlml of trd mason uilmtn aselsyt a®m dfyvam OMB content nuntoo Public Burden Statement , wt adlmab 016 H we WU n avare0s of 5 nacres to wr00leb rho COhtCim of bdarrmdoe, brhASM ma 0nn for MV1ffAp ladd tlbna asaoW00 exbona dab tweak palm" and MaLwIran0 er mu nama0, and =00dal 2nd m vft as emeCUM or hdomuuM IF YOU tmw any eommmda ngert" tldo burin stNnslo m any OMW aped or uua eo02O W d rafe6a0D4 k4mv tvppwuoru far romrtq ft burden 2nd Inert tD On Ad"nubabr, Wage and Was DM2Mn. Oapamoont of Labor, Room 6+!502. 200 Camlgulot AWWO, WW, Wadtnglan, Da 20210. DO NOT BEND THE COMPLETED FORM TO THE OFFICE SHOW14 ABOVE i APPENDIX L RESOLUTION 42001-31 — CREDIT FOR MILITARY SERVICE IN IMRF RESOLUTION 42001-31 RESOLUTION TO ALLOW SERVICE CREDIT FOR MILITARY SERVICE IN THE ILLINOIS MUNICIPAL RETIREMENT FUND VaMREAS, Article 7 of the Illinois Pension Code (40 ILES 5/7- 139) provides that the governing body of a governmental unit may elect to allow service credit in the Illinois Municipal Retirement Fund to members who served in the am ed forces of the United States for all periods of such service prior to their participation in EVIRF OR whose participation was interrupted by military leave but did not return to Rv1RF participation within 90 days of discharge; and WHEREAS, such allowance of service credit cannot be limited to a specific IMRF member and applies to all employees who were in active participating status under IMRF on the date this resolution was adopted; THEREFORE, BE IT RESOL VED that the City Council of the UNITED CITY OF j YORKVILLE elects to allow service credit to members who served in the armed forces of the i United States for up to two years of service, prior to their participation in the Illinois Municipal Retirement Fund, THEREFORE, BE IT FURTHER RESOL VED that the City Clerk shall be directed to file a certified copy of this resolution with the Board of Trustees of the Illinois Municipal Retirement Fund and that this resolution shall remain in full force and effect until modified or rescinded and notice of such modification or recision has been filed with the Board of Trustees of the Illinois lvfAYO ()_ PASSED byt the City Council of the United City of Yorkville, Kendall County, Illinois this Day of " �� A.D.. 204, Attest._- b E Cl Y CLERK. CERTIFICATION I, +F �c ttS- the Clerk of the United City of Yorkville, of the County of Kendall State of Illinois, do hereby certify that I am the keeper of it's books and records and that the foregoing is a true and correct cop f solution duly adopted by it's city Council at a meeting duly convened and held on the day of Jima, 2001 Seal City Clerk, United City of Yorkville APPENDIX M RESOLUTION #01 -23 — ACCRUAL OF DENTAL AND VISION BENEFITS RESOLUTION #01-23 RESOLUTION PERMITTING ACCRUAL OF DENTAL AND VISION BENEFITS WHEREAS, the United City of Yorkville provides certain health insurance benefits for its employees; and WHEREAS, the United City of Yorkville provides to its employees and their families reimbursement for dental of One Hundred Fifty Dollars and 00/100 ($150.00) for the employee, One Hundred Twenty-Five Dollars and 00/100 ($125.00) for the spouse, and One Hundred Twenty-Five Dollars and 00/100 ($125. 00) for each dependent; and reimbursement for vision of One Hundred Fifty Dollars and 00/100($150..00) for the employee, One Hundred Twenty-Five Dollars and OO/Loo ($125.00) for the spouse, and One Hundred Twenty-Five Dollars and 00/100 ($125.00) for each dependent, for expenses that ordinarily must be expended by the employee each City fiscal year to be eligible for reimbursement; and WHEREAS, the Mayor and City Council deem it to be in the best interest of the City to provide for City employees to accrue and carry over any unused reimbursement for dental and vision expenses for its work force for a total period of three (3) fiscal years and to allow them to use the benefits cumulatively: NOW THEREFORE BE IT RESOL VED BY THE UNITED CITY OF YORKVILLE, upon motion duly made, seconded, and approved by a majority of those Alderman voting, that City employees are hereby permitted to accrue and carry over any unused amounts for dental and vision expenses for a total period of three (3) fiscal years and that the employees shall be permitted to use said benefits cumulatively.. PAUL JAMBS MARTY,MU11D75 RICHARD SACRA MKB ANDHRSON VALERIE BURR ROSE SPEARS LARRY KOT JOSEM BESCO APPROVED byme, vf¢yorofWeUmtcdCityofYoikville,Keai7all Counry,Illinois,tins. a Y of AD.. 20 t� mop oe MAYOR. . . PASSED by Ott ty Counza oflhe'united cityofYO*011e, K=dan Comty,111inois thia °'�• �Y of A.D. 20Z !. Prepared by. .. Law Offices of Daniel J. KrameY 1107A S. Bridge Sued Yodcvine, minois 60560 630S53S500 APPENDIX N UNITED CITY OF YORKVILL,E OFF-PREMI SES TRAINING HOURS WORKED UNITED CITY OF YORKVILLE I OFF-PREMISES TRAINING HOURS WORKED AGREEMENT i You are enrolling in (name of program) sponsored by (name of agency) This training program will be conducted on (date) (or from to ) I and held at (location) This is a (length) training program. A. You will be compensated at your regular rate of pay for the following activities: 1 . Classroom hours. 2. Travel time for training or courses outside the Chicago Metropolitan Area (Six County Region): a. As a driver. b. As a passenger if trip is all in one day. C. As a passenger if trip is overnight for travel during normal work hours. Hours of worked allowed: (To he initialed Employee Acknowledgement: I have read this agreement, understand its contents and agree to comply with its stipulations. Employee Name, Typewritten Employee Signature Date Signature of supervisor receiving signed agreement Date APPENDIX 0 RESOLUTION 91994-16 — INTERNAL REVENUE CODE 457 DEFERRED COMPENSATION RESOLU'T'ION #1994-16 RESOLUTION AU'T'HORIZING IN'T'ERNAL REVENUE CODE 457 DEFERRED COMPENSATION PLAN FOR EMPLOYEES OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, WHEREAS, the Mayor and City Council, on behalf of the employees of the United City of the Village of Yorkville, wish to create the opportunity for their employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan; and WHEREAS, the participation in said plan by the employees of the United City of the Village of Yorkville creates no new liabilities or financial obligations on behalf of the City of Yorkville, but rather creates the opportunity for financial benefit and favorable tax treatment on the part of its employees; and WHEREAS, the City Council has considered the plans being offered by First of America for said Deferred Compensation Program; and WHEREAS, First of America Bank is currently acting as Plan Supervisor for a Deferred Compensation Plan through First of America Brokerage; and WHEREAS, it is the desire of First of America Brokerage to offer to the employees of the City of Yorkville this service with either or both the Kemper and Parkstone Variable Annuities; and ' WHEREAS, by authorization of the Deferred Compensation Plan, all regulatory, administrative, and fiduciary responsibilities are hereby assumed by First of America Brokerage on behalf of the City of Yorkville; and WHEREAS, First of America Brokerage as Plan Supervisor agrees to hold harmless and indemnify the City of Yorkville, its appointed and elected officers and participating employees from any loss resulting from First of America Brokerage of its agent's failure to perform its duties and services pursuant to the Deferred Compensation Program: NOW THEREFORE, THE UNITED CITY OF THE VILLAGE OF YORKVILLE, UPON MOTION DULY MADE, SECONDED, AND APPROVED BY A MAJORITY OF THOSE ALDERMEN VOTING ON SAID ISSUE, DOES HEREBY RESOL VE TO APPROVE THE DEFERRED COMPENSATION PLAN OFFERED BY FIRST OF AMERICA BROKERAGE AS A VIABLE PLAN FOR ALL ELIGIBLE UNTIED CITY OF THE VILLAGE OF YORKVILLE EMPLOYEES, Jf Passed and Approved this of 1494. i i Mayor ATTEST• __��`' rvs-- Ctcrk s APPENDIX P RESOLUTION #96-2 — AURORA EAR'ITHMOVERS CREDIT UNION RESOLUTION #96-2 RESOLUTION AUTHORIZING EMPLOYEES OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE TO BE MEMBERS OF THE AURORA EARTHMOVERS CREDIT UNION NOW BE IT RESOLVED BY THE UNITED CITY OF THE VILLAGE OF YORKVILLE THAT: 1 . That all employees of the UNITED CITY OF THE VILLAGE OF YORKVILLE are authorized to become members of the Aurora Earthmovers Credit Union, 2. That the UNITED CITY OF THE VILLAGE OF YORKVILLE will assist in any necessary or required payroll deductions and payments to the Aurora Earthmovers Credit Union for any of the employees who become members. 3 . That the UNITED CITY OF THE VILLAGE OF YORKVILLE will execute any necessary documents to assist the employees of the UNITED CITY OF THE VILLAGE OF YORKVILLE becoming members of the Aurora Earthmovers Credit Union . PASSED AND, APPROVED .this O day of . 1996. MAM ATTEST: 1 CITY;CLERK i i EXHIBIT " 0." 4'W�,,° ''Tf° United City of Yorkville Volunteer Sick Leave Donation Policy Approved 12/28/04 L.E lby� In recognition of the financial hardship that an extended, catastrophic illness can cause employees, the City is willing to facilitate the voluntary donation of sick leave among employees. If an employee voluntarily requests that the City transfer a portion of that j employee's accrued sick time to an employee with a catastrophic illness, the City will facilitate that transfer. Such a request may be submitted in writing to their Department Head, which in turn forwards the request to the Payroll/Benefit Specialist for processing. The name of the donor will be kept anonymous. An employee seeking to donate sick leave will be required to retain 30 days of sick leave time, but is not otherwise limited in the amount of sick leave time the employee can donate. An employee who receives donations of sick time from other employees will only be allowed to use that sick time when the employee has otherwise exhausted all accrued time off. Prior to approving the use of donated sick time and consistent with the City's sick leave policy, the City may require that the employee who receives donated sick time submit medical documentation supporting the continued use of sick time. i I I i i i FINAL 05-24 05 i I Amendment to United City of Yorkville Employee Manual Section 3 . 14 Nepotism Section 3. 14. 1 Prohibition on employing the Spouse/Relatives of Department Heads/Elected Officials/Paid Appointed Officers (Anti-Nepotism) a. It shall be the policy of the City that it shall not employ the spouse or a j relative of the following Department Heads, Elected Officials, or Paid Appointed Officers: Mayor, Aldermen, Clerk, Treasurer, City Administrator, Chief of Police, Executive Director of Parks and Recreation, Finance Director, City Engineer, Director of Public Works, Building and Zoning Officer, City Attorney. For this purpose, a relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within the same categories. i b. This policy restricting the employment of certain spouses and relatives shall not apply to any prohibited relationships existing on the date of passage of this provision. (Section 3. 14. 1 and Section 3 .14.2 shall be renumbered as 3 . 14.2 and 3. 14.3, respectively.) RESOLUTION 140 2005 - 31 PASSED 5/24/05 i i TITLE 1 -- ADMINISTRATION Chapter 13 Prohibited Contracts with Spouses or Relatives (Anti-Nepotism) 1-13-1 PROHIBITED CONTRACTS AND ENGAGMENTS: a. It shall be the policy of the City that A shall not engage or contract for the provision or services or products, nor shall it engage or contract with entities, firms or corporations owned or controlled by the spouse or a relative of the following Department Heads, Elected Officials, or Paid Appointed Officers: Mayor, Aldermen, Clerk, Treasurer, City Administrator, Chief of Police Executive Director of Parks and Recreation, Finance Director, City Engineer, Director of Public Works, Building and Zoning Officer, City Attorney. b, For this purpose, a relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within the same categories. c. For this purpose," owns or controls" shall be defined as, 1 . personally providing the product or service, 2. any position of management wherein the prohibited relative shall work on the provision of the service or product to the City, or 3. any ownership interest in excess of 5% of the entity, firm or corporation. d. This policy restricting the employment spouses and relatives shall not effect, and have no impact Nvhatsoever on any currently engaged business relationship of the City existing on the date of passage of this provision. However, said relationship will not be renewed after the conclusion of the contract or engagement. ORDINANCE NO 2005- 46 APPROVED 5 /24/05 TUITION REIMBURSEMENT AGREEMENT This Agreement is made and entered into this day of , 20_, by and between the UNITED CITY OF YORKVILLE, and Illinois municipal corporation (hereinafter referred to as the "City"), and (hereinafter referred to as the "Employee") WHEREAS, Employee wishes to receive tuition reimbursement from the City for taking a course, seminar or program; and WHEREAS , the City has approved the course, seminar or program for which the Employee wishes to be reimbursed; WHEREAS, the City will incur substantial costs if it exercises its discretion to pay for the Employee's tuition and fees; and WHEREAS, the City expects, as part of the benefit of its payment of Employee's tuition and fees, to receive from Employee at least two years of service as a full-time employee following the completion of his or her coursework. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is acknowledged by the parties, it is hereby agreed as follows: i 1 . If the City in its discretion decides to pay all or part of the tuition and fees of the Employee' s course(s), seminar or program, such payment will be contingent on Employee's successful completion of the course(s), seminar or program, meaning attainment of a "C" or better, grade in each and every graded course, or a "pass" in each and every pass/fail course. Employee will only be eligible for such reimbursement upon producing a paid receipt for the course(s), seminar or program. The aforementioned tuition and fees do not cover costs for books and other written materials. The City will make the aforementioned payments through direct billing from the educational institution. 2. If Employee fails to achieve a "C" grade in any one graded course or seminar, or a "pass" in any one pass/fail course or seminar, Employee will not be entitled to reimbursement, and Employee agrees that any and all amounts paid to Employee for tuition and fees for that course or seminar must be repaid in full to the City. Employee will provide a copy of an official transcript or other certification to the City, which verifies completion of the course(s), seminar or program, within 30 days of the date when the transcript or certification is first made available to Employee. 3 . In the event that Employee voluntarily terminates his or her City employment within two years of the date of completion of any reimbursed course, seminar or program (i.e. , the date listed on the transcript or certification submitted to the City), Employee agrees that the amounts paid to Employee for tuition and fees for any such course(s), seminar or program must be repaid to the City pursuant to the following schedule: Voluntary termination within zero to six (0 to 6) months: 100percent; CHI 10924090 1 Voluntary termination within seven to twelve (7 to 12) months: 75 percent; Voluntary termination within thirteen to eighteen ( 13 to 18) months: 50 percent; Voluntary termination within nineteen to twenty-four ( 19 to 24) months: 25 erg cent. 4. The City reserves the right to file suit against Employee to collect any amounts owed under this Agreement. In the event that the City is required to make a claim or demand against Employee or file suit against Employee to collect amounts owed in accordance with the provisions of this Agreement, Employee, as a condition of this Agreement, agrees to pay the full costs of the City, including but not limited to the City' s court costs and reasonable attorney's fees expended by the City in the collection of the tuition and fees. Alternatively, Employee agrees to consent to the deduction by the City from his or her wages and/or final compensation of the tuition and fees owed as stated above, but in no event more than 15 percent of the net amount of any single wage payment and/or final compensation.. 5. This Agreement does not constitute and shall not be interpreted as an assurance or promise of continued employment. The City reserves the right to layoff, discipline and/or terminate Employee in accordance with applicable law. 6., This Agreement does not obligate the City to allocate funds for tuition reimbursement in any particular fiscal year and/or to pay the tuition and fees for any particular course, seminar or program. I 7. All issues concerning this Agreement shall be governed by and construed in accordance with Illinois law,. 8. This Agreement sets forth the entire understanding and agreement of the parties with regard to the subject matter hereof and supersedes all prior and contemporaneous agreements, arrangements and understandings related hereto. If any portion of this Agreement is held to be invalid or legally unenforceable, the rest of this Agreement will not be affected and will be given full force and effect. I Department Head Date � I Employee Date Date City Council approved: 2 CHI 10924090.1 i i i I ° "f o _� United City of Yorkville ti yg �6 Tuition Reimbursement Policy — 1/4/2005 0 0 ,� gr., `2LE w� section $.6d — The tuition and fees only (no books or materials) of an elective or required course will be paid through direct billing from the appropriate school, pending the completion of a consent form for repayment The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply- if a grade of a "C" average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a "C" average is attained, the employee will be required to payback 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct repayment to the City. New section (8.6i) — If an employee voluntarily leaves the City within two years of completing a course reimbursed under this policy, a percentage amount of reimbursed expenses must be repaid to the City according to the following schedule: a) 0-6 months of completion of course — 100% b) 7- 12 months of completion of course — 75% c) 13-19 months of completion of course — 50% d) 19-24 months of completion of course — 25% RESOLUTION NO 2005 -04 PASSED 1 /25 /05 SECTION 8 . 6d / SECTION 8 . 6i i i I STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) I I RESOLUTION NO, 2006- O�= I RESOLUTION AMENDING UNITED CITY OF YORKVILLE EMPLOYEE AL�NUAL REGARDING REVISED TUITION REIMBURSEMENT POLICY WHEREAS, the United City of Yorkville has approved an Employee Manual dated 2-10-04, by Resolution No. 04-02 dated February 10, 2004; and WHEREAS, the City Council of the United City of Yorkville has considered amending said Employee Manual, and has discussed said proposed amendments; and WHEREAS, the amendments that the Council now desires to make in the employee manual are set forth on the attached Exhibit "A" which is incorporated herein, specifically that Sections 8.6b and 8.6d as forth in Exhibit "A" shall be substituted for the currently existing sections 8.6band 8.6d, and that Section 8.6h shall be deleted in its entirety as also set forth in Exhibit "A"; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the Employee Manual of the United City of Yorkville is hereby amended as set forth on Exhibit "A" attached hereto and incorporated herein specifically that Sections 8.6b and 8.6d as forth in Exhibit "A" shall be substituted for the currently existing sections 8.6band 8.6d, and that Section 8.6h shall be deleted in its entirety as also set forth in Exhibit "A" I I i WANDA OHAR.E JOSEPH BESCO VALERIE BURR PAUL JAMES DEAN WOLFER La MARTY MUNNS ROSE SPEARS _ QS __ JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _.c-2`�__ Day A.D. 2006. MAYOR. i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day A.D. 2006. ATTEST: c- CITY CLERK Prepared by: John Justin Wyeth City Attorney j United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 I I QED CITY United City of Yorkville Approved 1/24!06 1636 'Tuition Reimbursement Policy Additions to Existing Employee Manual Section 8.6b — All requests by an employee for the enrollment to a college degree program or certificate programs must be submitted by the Department Head to the City Administrator for approval. Any requests for a degree program beyond one level above what is explicitly stated in the minimum requirements for each position's job description must be submitted to the Mayor and City Council for approval. The City recognizes four (4) levels of degree programs described as follows: 1 ) high school, 2) 64 credit hours of college coursework, 3) bachelor's degree, and 4) master' s degree. Then all courses related to the program shall be eligible for payment subject to budget approval. This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval and/or be eligible for payment. Furthermore, the employee shall provide a grade or transcript to the Department Head upon the completion of each course. Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. Section 8 .6d - The tuition and fees only (no books or materials) of an elective or required course will be paid through direct billing from the appropriate school, pending the completion of a consent form for repayment. Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois as is designated at the time of class approval. The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply: if a grade of a C-average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a C-average is attained, the employee will be required to pay back 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. it qED C/Ty, United City of Yorkville Wearing Apparel Policy — Approved 1/25/2005 ti 9 r =o` I 1) It is the desire of the United City of Yorkville that staff and elected officials show pride in the City through wearing apparel with the United City of Yorkville logo prominently displayed. 2) Each year the United City of Yorkville will authorize the reimbursement of up to $60, per permanent employee or elected official, as approved by the Department Head or Elected Official. 3) A United City of Yorkville logo and/or name must be prominently displayed on wearing apparel, and all apparel purchased under this policy must be of the same color. 4) This policy corresponds to personnel in the administration department and elected officials, based on available funds within the fiscal year budget. Other departments will refer to their own uniform policy. Employees that purchase wearing apparel through this policy are strongly encouraged to wear the articles during work hours and at work-related activities. I APPENDIX A EMPLOYEE ACKNOWLEDGMENT FORM EMPLOYEE ACKNOWLEDGEMENT FORM I acknowledge having received a copy of the United City ofYorkville's Employee Manual and I agree to read and become familiar with its contents. I understand that this Manual is not an express or implied contract of employment and that it does not create any rights in the nature of an employment contract. Rather, this Manual is an overview of personnel policies related to my employment. Nothing shall restrict my right to terminate my employment at any time and nothing shall restrict the right of the City to terminate my employment at any time. I also understand that all the policies, rules, and regulations in the Manual may be changed from time to time. Employee Signature Employee's Printed Name Date of Acknowledgement Revision Date of Manual: i I,