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City Council Minutes 1980 03-13-80
(11) MINUTES OF THE REGULAR MFETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD AT CITY HALL ON MARCH 13 , 1980 . Mayor Thanepohn called the meeting to order at 8 : 00 P .M. and led the Council in the Pledge of Allegiance to the Flag . Clerk called roll as follows : Ward 1 - Beach Ward 2 - Harker Ward 3 - Simmons Hanback Alderman Wolff was absent from Ward 1 and Alderwoman Pierce was absent from Ward 3 . A quorum was established. Guests of the meeting included Bernard A4arklein representing the Senior Citizens and Attorney Kramer representing Bob Lc.e in a rezoning matter. The reading of the minutes of the February 28 , 1980 meeting was waived. Alderman Harker moved the minutes be approved with the following correction : Page 1 - Water Report - line two - delete "presently" and add "formerly" . Motion was seconded by Alderman Hanback. Motion carried 4-0 . The reading of the bills was waived. Alderman Harker moved to authorize payment of the bills as presented, seconded by Alderman Simmons . Roll call vote was taken as follows : Harker - Aye Hanback - Aye Simmons - Aye Beach - Aye Motion carried 4-0 . Alderman Wolff and Alderwoman Pierce were absent from the voting . MAYOR'S REPORT - mayor Thanepohn read a letter of resignation from Shawn Erickson, Public Works employee , followed by a letter from the Mayor to Mr . Erickson . TREASURER - Alderman Simmons moved to approve the Treasurer ' s Report , seconded by Alderman Harker . Roll call vote was taken as follows : Hanback - . Aye Simmons - Aye Beach - Aye Harker - Aye Motion carried 4-0 . Alderman Wolff and Alderwoman Pierce were absent from voting . POLICE - Alderman Beach moved to approve the Police Department Report , seconded by Alderman Simmons . motion carried 4-0 . PUBLIC WORKS - Alderman Harker moved to approve the Public Works Reports , seconded by Alderman Simmons . Motion carried 4-0 . BUILDING DEPARTr4ENT - Alderman Harker moved to approve the Building Department Report , seconded by Alderman Simmons . Motion carried 4-0 . PLAN COM�JISSION - Alderman Beach reported the next meeting will be Tuesday , March 25 , 1980 at 7 : 30 P.M. at City Hall . BUSINESS & ECNOMIC DEVELOP]4ENT COM�4ISSION - Alde*man Beach reported the three members present were not enough to establish a quorum to hold a meeting. SENIOR CITIZENS - Countryside Villages #2 Senior Citizen Home is now moving in occupants . TREASURER - Alderman Simmons moved to authorize Attorney Dickson to draw up a Resolution for the necessary Budget Transfers to date , seconded by Alderman Harker . Roll call vote was taken as follows : Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye T40tion carried 4-0 . Alderman Wolff and Alderwoman Pierce were absent from {noting . Alderwomah Pierce arrived. at 8 : 20 P.M. and Alderman Wolff at 8 : 25 P.M. OLD BUSINESS - Attorney Kramer presented the Petition to Rezone & Reclassify Business Property by Bob Lee . Attorney Kramer stated that it was the Plan Commission recommendation that no Public Hearing on the matter was needed being it was a change within-Eusin&.�si_ District Zoning only. Alderman Beach expressed concern regarding outside storage of materials in regards to future owners . Attorney Kramer stated that in the Yorkville Zoning Ordinance on page 11 , Section 3 . 13-B states that it is necessary to provide screening only when abutting residential districts . The provision for the water line problem on the property will be the (12) Page 2 March 13 , 1980 responsibility of the former property owner, Wayne Millen Sr . and Mr. Millen is aware of the situation . Alderman Beach moved to apT,rove the Petition to Rezone and Reclassify Certain Property From B- 2 General Business District to B-3 Service Business District at the request of Bob Lee . The motion was seconded by Alderman Harker. Roll call vote was taken as follows : Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Motion carried 6-0 . NEW BUSINESS - Attorney Kramer presented the Petition for Resubdivi- sion by Ron Cobb . Alderman Beach moved to refer the Petition for Resubdivision of Fox Industrial Park , Unit 4 , Lot 1 , Block 2 , to the Plan Commission , seconded by Alderman Hanback . Motion carried 6-0 . Alderman. Harker moved to refer the request by Ron Westphal for the City' s share in the expense of providing a 12" water main over the required 8" water main,to the Water Committee , seconded by Alderman Beach . Notion carried 6-0 . ATTORNEY' S REPORT - Alderman Simmons moved to authorize Mayor Thanepohn to sign the Request for Federal Assistance form regarding the E. P.A. Sewer Rehabilitation Grant Request , seconded by Alderman Harker. Roll call vote was taken as follows : Pierce - Aye Wolff - Aye Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Motion carried 6-0 . (RE : Grant Project C17 2011) Alderman Harker moved to adopt the Resolution Regarding Financial 56- and Legal Capabilities to pay the share not covered_ by the grant 1980 for Step 1 Facility Planning of the E . P.A. Sewer Rehabilitation Grant . Motion was seconded by Alderman Simmons . Roll call vote was taken as follows : Wolff - Aye Beach - Aye Harker - Aye Hanback - Aye Pierce - Aye Simmons - Aye Motion carried 6-0 . (RE : Grant Project C17 2011) Alderman Simmons moved to authorize Mayor Thanepohn to sign the Certificate Regarding Local Financing of Grant Project C17 2011 in the amount of $40 ,000 , seconded by Alderman Harker . Roll call vote was taken as follows : Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Motion carried 6-0 . Alderman Hanback moved to approve the Formal Request for Sten 1. (Facility Planning) Grant Amendments in regards to Project C17 2011 requesting the Federal grant share of X69 ,412 . Motion seconded by Alderman Harker. Roll call vote was taken as follows : Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Motion carried 6-0 . Alderman Beach moved to adopt the Resolution of Intent Regarding 60- Initiation of Sewer System Evaluation Survey Work in regards to 1980 Project C17 2011 , seconded by Alderman Harker . Roll call vote was taken as follows : Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Harker - Aye Motion carried 6-0 . Alderman Harker moved to adopt the Resolution of Intent to Comply 61- With USEPA Minority Business Enterprise Policy in regards to 1980 Project #C17 2011 , seconded by Alderwoman Pierce . Roll call vote was taken as follows : Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Harker - Aye Hanback - Aye Motion carried 6-0 . Alderman Harker moved to approve the Engineering Services Agreement for Step 1 Facilities Planning (Project #C17 2011) , 15ewer System Evaluation Survey between Baxter F, Woodman, Inc . and The City of Yorkville . Motion seconded by Alderman Simmons . Roll call vote was taken as follows : Pierce - Aye Wolff - Aye Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Motion carried 6-0 . Page 3 March 13, 1980 (13) Alderman Harker moved to adopt a,* part of the Step 1 Sewer System Evaluation Survey (Project #C17 2011) , the Public Participation Program (see attached copy) that identifies all of the problems and areas of public support that will be needed. Motion seconded by Alderwoman Pierce . Roll call vote was taken as follows : Wolff - Aye Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye Motion carried 6-0 . Alderman Simmons moved to pass Ordinance #3- 80 Granting to the Illinois Bell Telephone Company, Its Lessees , Successors and Assigns , Certain Rights In The United City of the Village of Yorkville , Kendall County , Illinois providing for furnishing twenty-nine (29) individual line business telephones over the present sixteen (16) lines . P4otion was seconded� by Alderwoman Pierce . Roll call vote was taken as follows : Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Motion carried 6-0 . Attorney Dickson ren(hrted the City is involved in a third party suit regarding a sewer line at Countryside Center. iAttorney Dickson stated the City does not accept the dedication of a service to an individual home-owner and the City ' s acceptance is only of the sewer main in the street . FINANCE - Alderman Simmons announced the following committee meetings scheduled: Monday, March 17 , 1980 , 7 : 30 P.M. at the Water Tower - Director Madden , Chief Randall and all Aldermen are requested to be present - (Budget Meeting) Thursday, March 20 , 1980 at th Water Tower at 7 : 00 P.M. for Director Madden and Chief Randall ; 8 : 00 P.M. for the Police Department ; and 9 : 00 P.M. for the Public Works Department - (Wage Negotiations) POLICE - Alderman Wolff called a Police Committee meeting for T ursday, March 20 , 1980 at 6 : 00 P .M. at the Water Tower. SEWERS - Alderman Harker moved to authorize Attorney Dickson to a7raft an amendment to the Sewer Ordinance to require the $150 sewer hook-on fee to be per unit rather than per building . Motion was seconded by Alderman Wolff. Roll call vote was taken as follows : Harker - Aye Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Motion carried 6-0 . Alderman Harker moved to authorize Director Madden and Baxter & Woodman Inc. , Engineers , to go over the entire Sewer Ordinance for any necessary updating needed, seconded by Alderman Beach . Motion carried 6-0 . Alderman Harker moved to authorize the purchase of a�sewer gas detection device for the Sewer Department , seconded by Alderman Beach . Roll call vote was taken as follows : Hanback - Aye Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Harker - Aye Motion carried 6-0 . STREETS & ALLEYS - Alderman Simmons moved to authorize the Clerk to advertise for bids for the Downtown Sidewalk Project to be opened at the April 10 , 1980 regular City Council meeting if it meets with the time allowance Mated in the Bid Ordinance , seconded by Alderman Harker. Roll call vote was taken as follows : Simmons - Aye Pierce - Aye Wolff - Aye Beach - Aye Harker - Aye Hanback - Aye Motion carried 6-0 . TREES & PARKS - Following a discussion, Alderwoman Pierce moved to approve and authorize purchase of ten (10) types of balled & burlaped trees to total 400 at an approximate cost of X7 , 350 . 00 and to advertise for bids to be opened April 10 , 1980 providing the date meets the Bid '.Ordinance requirements . P40tion was seconded by Alderman Harker. Roll call vote was taken as follows : Pierce - Aye Wolff - Aye Beach - Aye Harker - Aye Hanback - Aye Simmons - Aye Motion carried 6-0 . (14) Page 4 March 13 , 1980 WATER AT-cT—erman Harker moved to approve niregtor Madden ' s attendance at the AmericanUWatOr Works Associa.tkon Convention March 26 ,27 & 28 , 1980 and authorize payment of the registration fee and incurred. expenses . Motion was seconded by Alderman Simmons . Motion carried. 6-0 . The construction permit has been applied for regarding the Morgan & Van Emmon project . The application for the utility attachment on the new Rt . 47 Bridge Project is progressing. YBS BOARD - Alderman Harker reported the next meeting will be Monday , March 17 , 1980 . Alderman Beach moved to adjourn into Executive Session regarding personnel at 9 : 40 P .M. , seconded by Alderman Hanback. Motion carried 6-0 . City' Clerk FEBRUARY, 1980 Approved March 13th Meeting GENERAL FUND Commonwealth Edison Co. - EH55-AP-8690A Maint. Bldg. (1-38.4-761) 1943.50 $70 .64; EJ59-AP-0150A P.D. (1-38.2-740) $2.01; EH55-AP-3084A Trees & Parks (1-36.2-662) $33.26; EAP71881 St. Ltg. (1-39) $1837.59 Ill. Bell Telephone Co. - 553-7809 Treas. $33.20; 552-7593 P.D.- 255.58 Call Forwarding $32.54; 553-5836 P.D. $65 .34; Recreation Dept. 553-6999 $24.87; 553-7855 Bldg.& Zoning $57.83; 553-6222 Clerk $6.36; 553-6990 Mayor $22.66; 553-0535 Mayor $12. 78 (1-42-864) McNelis Tree Service - Cutting & hauling tree at Mackie Music Hall 745.00 & Methodist Parsonage $295.00 (1-36.3-680),: Cutting tree at 220 Elizabeth St. & 404 Colton St. $275.00 (1-36.3-680) ; Cutting dead elm & Box elder tree at Glen Palmer Dam Park $175 .00 (1-36.2-661) Suburban Bldg. Officials - Registration for Annual Training Institute 50.00 Conference (E. Madden) (1-41-805) Kendall County HIA - Premium for S. Christian (1-42-856) 79.70 Cricket Publishing Co. - Inv. 6494 Forms - Treas. (1-42-859) 8.57 Yorkville National Bank - Safe Deposit Box rent (1-42-860) 20.00 Markelz Office Products, Inc.- Inv. M72049 Stamp rack, Columner sheets - 23.55 Treas. (1-42-865) A.B. Dick Company - Inv. 18228 Copy repair (1-42-866) 54.00 Garner Bookkeeping Systems, Inc.- Inv. 05868A Ledger Sheets (1-42-865) 8.11 Chicago Title Insurance Co. - Determining Owners Ref. Special Water 1600.00 Assessment (1-42-860) Cavett Rexall Drugs - Supplies P.D. (1-35-603) 4.69 Yorkville Police Department - Postage P.D. (1-35-605) 15.00 McCarty Fire Equipment - Inv. 2093 UPS charge (1-35-605) 1 .81 International Assn, of Chiefs- Subscription to The Police Chief (1-35-607) 12.00 of Police, Inc. Richard Randall - Expense attending meetings (1-35-607) 33.00 The John Marshall Law School - Expense attending Seminar (1-35-607) 70.00 Clark Boardman Co. , Ltd. - Search & Seizure Checklists-P.D. (1-35-607) 11.06 Region IV Law Enforcement - Inv. 2626 Expense attending Advanced Inter- Commission viewing & Interrogations Class-P.D. (1-35-607) 60.00- Veto Enterprises, Inc. - Radar (1-35-608) 422.00 Kendall Grundy FS, Inc. - Bulbs, Fuses $3.05 (1-35-610) ; Gas P.D. 1139.13 $1136.08 (1-35-611) Gem Business Forms, Inc. - Inv. 31550 Citation & Complaints-P.D. 470.40 (1-35-612) Anderson $ Bushnell - Tickets 3170,3380,3671 Supplies-P.D. (1-35-612) 38.53 Hornsby's Family Center - Shelf Brackets-Public Works $13.82 (1-42-860) 122.80 Shelf $ Pan-Public Works $6.84 (1-38.4-762) Operating Supplies & Film-P.D. $34.61 (1-35-608) Film, Frames,Chamois & Note Book-P.D. $67.53 (1-35-612) Amsterdam Printing & Litho Corp.- Emp. History Folders-P.D. (1-35-614) 32.99 Countryside True Value Hdwe.- Key, Wastebasket - P.D. $4.21 (1-35-612) 180.15 Bolts,nuts,fittings etc. -Public Works $38.92 (1-30-415) ; Keys,Hooks,Wire Nuts-P.D. $14.17 (1-38.2-741) ; Bolts,nuts,paint etc .-Public Works $122.85 (1-38.4-762) John N. Schneider Appl . - Supplies (1-38.2-742) 44.56- Ray O'Herron Co., Inc. - Inv. 066513 Nik Pack - P.D. (1-35-612) 13.99 Elden Madden, Dir. of Public - Office Supplies $6.00 (1-30-405) ; Postage $3. 75 78.56 Works (1-30-406) ; Gas $18.60 (1-33-533) ; SBOC Exc. Comm. & Mtg. Exp. $10.00 (1-41-805) ; Postage $3.90 (1-41-807) ; Postage (Plan Comm. Flailing & Misc.) $13.61 (1-42-861) ; Notary Public & Mun. Clerk Dues $12.00 (1-42-863) ; Office Supplies $10.70 (1-42-865) Riemenschneider Electric - Inv. 2406 Traffic Signal Service Calls(1-30-415) 51.00 Uniwear - Shirts,Pants,Jacket-Public Works (1-30-404) 349.25 Aurora Blacktop, Inc. - Inv. 2434 Cold Mix (1-30-410) 335.20 Homer G. Dickson & Co., Inc. - Hydraulic Hose (1-31-454) 11.59 Bristol Welding Co. - Plow Shoes (1-31-454) 20.00 Central Limestone Co. - Chips $218.99 (1-31-452) Crushed Rock $27.26 246.25 (1-30-410) GENERAL FUND (Continued) Illinois issues - Subscription-Public Works (1 -32-504) $18.00 Kendall Grundy Fs, Inc. - Gas,Diesel & Hydraulic Fluid (1-33-533) 784.02 E $ H Utility Sales, Inc. - Black hip boots-Public Works (1-33-532) 36.12 Tri-County Scavenger Service,Inc.- Services for February (1-34-561) 3342.20 John N. Schneider Appl. - Mop,Mop refill & Glass Cleaner i 8.55 (1-38.4-762) Rutgers University - Impact Handbook (1-41-801) 21.00 IBM - Typewriter repair Inv. 1715682 (1-4A,-860) 49.00 Paul Buddy - Plumbing Inspections (1-41-806) 60.00 Yorkville Plumbing & Pump - Inv. 1788 Water Cooler $528.37 (1-42-862) Co. , Inc. Inv. 1803 Lavenette $271 .39 (1-38.4-760) 799.76 Ace Hardware - Service charge (1-42-860) 1.56 John Schneider Appliance - Repair basement light and furnace repairs 91 .02 in Library (1-38.3-750) Ram Electric - Trouble lights $ Batteries-Public Works 55.65 (1-30-411) C & R Communications - Inv. 2037 Battery $55.00; Inv. 2030 Ispern 157.25 radio repair $10.00; Inv. 2024 RF Modules & Labor $92.25 (1-35-602) Bristol Lumber Co. - Mud pan, sand pak, Stanley tape etc. 23.46 (1-38.2-741) Walts Batavia Supermarket,Inc. - Supplies - P.D. (1-42-860) 70.00 McCarty Fire Equipment - Inv. 2094 UPS charge (1-35-605) 6.00 Plano Police Department - 348 calls on call forwarding-P.D. (1-35-615) 87.00 Ill. Bell Telephone Co. - 023-1001 Pvt. Line P.D. (1-42-864) 32.75 Goodyear Truck Tire Center - Cust. No. 00349 Tires (1-35-610) 108.00 14,303.31 SALARIES GROSS 21,719.37 Net 15,486.28 PARK COAM4ISSION FUND Fox Valley Shopping News - Publications 12 .00 WATER FUND Commonwealth Edison Co. - EK59CH25525 Pumping $97.45; EP14AP33737 1685.42 Pumping $1587.97 (2-50-404) Elden Madden, Dir. Public Works- Postage (2-50-420) 4.51 Ill. Bell Telephone Co. - 553-7079 Water Dept. (2-50-410) 24.56 Water Products Co. - Inv. 000916 Brass Fittings (2-50-413) 48.67 Jack Ward, P.E. - Inv. 899 2" Meter $ Parts $444.00 (2-50-405) 640.00 C1-2 Booster & Transmitter Repair $196.00 (2-50-407) Illinois Section AWWA - Registration Fee-Ill. Section AWWA Conference 70.00 (E. Madden) (2-50-418) Yorkville Plumbing $ Pump - Inv. 1825 Change water meter (2-50-405) 99.96 Co. , Inc. Kendall County Record - Truck bids for Water Dept. (2-50-422) 3.60 Water Depreciation & - Transfer from Water Fund 150.00 Contingencies Fund Nat'l. Blvd. Bank of Chicago- Deposit - Water Bond & Interest Fund 2000.00 Nat'l. Blvd. Bank of Chicago - Deposit-Water Bond & Interest Reserve Fund 170.00 Harry Crawford, Postmaster - Envelopes (2-50-420) 167.00 5063.72 SALARIES GROSS 2,484.35 Net 1722.96 REVENUE SHARING FUND Kendall Grundy Fs, Inc. - Heater-P.D. Garage (6-408) 393.01 York Lighting Center - Inv. 3152,15516 Electrical 102.28 Supplies (6-408) Greiter's Mechanical Service- Vent pipe, flashing, Vent cap, storm collar, 104.96 Contracting elbow & sheet lead-Police Dept. Garage (6-408) Yorkville Plumbing $ Pump - Inv. 1810 Plumbing fittings $ installation- 1216.30 Co. , Inc. Bathroom in Police Dept. Garage (6-408) $386.84 Inv. 1804 Bathroom fixtures-Maint. Bldg. $829.46 (6-403) 1816.55 dye l 09 2 AMUNI ftemw 9W �ateae, replaR�ses of do g- sett" s=ue i s ee.ety—tiw► �dws do . ,i R el�st cum saw roject urmu,.�O Owl show bee s.--ALiliq a► aeles �Masq. a�M rids treatment In ay the a0t COs" LOS f" _mid agresoest is hereby Flow i. 1 , :. coati eab be 000118614 for resiert� �T tine is attach" ►etetW. ;+, 3) a.aitie�. "�'• c..et:r Uselrrei toils �1 '-z N OF Title: ' t �• .,•.....,�:.2 lime• ..� c� : Title: e.&,A-2 tffi collection �. ��!► ,` maintains and apaarates the wast�ewa • of Yorkville . • syste �:d is lead agency four Step 1 Facility Planning; the Yorkville - Bristol Saaitaiy Distr ict d, maintains. w operates the wastewater treatment plant. KRR/dkt 8/29/75 Fro feet 140030 $to_1 l o - 19d'd INITIATION 0? SEMSR SYSTEM EVAIrO CM-0 IN�R Whereas, regulations of the O. C Envireashep tal Protection Agency for grants for construction of sWago treatasnt works, 40 CtR 35E, require concurrence of the With the sewer system evaluation plan before the Moth is performed for the survey to be an allowable costs therefore, be it resolved by the of Ycdorills r. t"t• i a City — r ' be sab=4 tted sewer system survey is necessary , that • plan a►f sutv's! � the .Re ional Ad"inistratot ptios to initiation for concurrence by 9 of survey work, and that it is fully Vxmlwstosd that �_�Lttal of the plan or a non-concurrence vitb the IPU* WM seslt is the costs of the entire server being inelIgO ! '1200t asriat"ce (40 CPR 35.927-5(d)) . Resolved this /2 day of 19 80 Name: Title: Mayor, Certified to be a true and accurate copy, passed and adopted i on the above date. Name: (SEAL) Title: _ (!C ;; AWM KKR/dkt avi r-L, : j 4- : ,. , 1 1 10 CIVO1: ID N1~SOl.UT1 Uh O1� I�d'1'E!J' ' TO COMPLY W1 Tii 0 USF)-l.A. i_ll1!(_nl111Y NUSII!0:58, F.WFt51;1'Hl^1r 1'1)i . ('Y a WH RE.AS , regulations of the U.S. Environmental Yr•otection Agency ret7ar-61ng grants for construction of municipal wastewater treatment wo7•k3 , 40 CFR 35E, encourages increased participatiotr of minority busines, enter prise Ms E) in the suppl ;: of�oqds rrn�i sere i ce:; n i:ork . performed under the EPA grants pro-r;-m contal ned iii Ti tl c 11 of the (:lean Water Act of 1977 (;'ubl ic: I,:,ti: 92-217 ) , and VJ'11EHV,A:', Rc l i on V of the U.S . Fnv i r•onmeni :-1 Pro'. c7.t, ion A .cncy ha: c:tab? i c-,l,t d a r,2-ional !�,oal of MBE parti c ipa; Un c. f 10 to 15 percent of the tota."L dollar amounts of all grantee subaEreenents and :uhcorntrF:ctOrs f'or consultant services* , 12UW '1'i:F!:K'FORP. BE fT RESOLVED by the Council of the City c,i' York, ! le , 111 irrf, in , t1,::t the City t,ereby provides assurance that it intends to co;i:ply with the U.S. Environmental Protection Agency ' s con::truction grant regulations 40 CFR 35. 9.3E-7 , and minority business enterprise policy, as published in the Federal Regi ::ter Vol . 43, No. 243 on December 261, 1978s FRL 102E-69 to encour•.?,►e increased pripticipation ©f 1 nori:'ty business enterprise for ai•chit.eetural or cr►Eincering Be"Jees , to achieve the ETA F.erjon V 1•;}i}'; goal of 10 to 15 percent of the total dollar amounts of all subagreements and subcontractors for consultant services , IM that the City further provides assurance that it shall era:ur•e that pr•lvx ('111r1j t•virif; cont"ultini- fir m.-i talcs poLitive ei"oats to une m 1 neri t;; o:incd corr:.ul t i ng firms in compliance with Sect i eri V . C . OI ) (c ) of uic U:'!-T1, iif1: policy , and achieve tic r'Ci iunal Eoi:l f'or ;viii: p ir•ticipation . Ya:,:.cad this r day of - Ut..� 1980. Cert ; f i ed to be a true and accurate cony , pas:_;cd .:nd adolit cd un the above bate . (fir✓�J, /t �/ Clc:�•k ENGINEERING SERVICES AGREEMENT_ STEP ACILI _PLANNING SEWER SYSTEM EVALUATION SURVEY THIS AGREEMENT is made on the day 1980, by and between the City of Yorkville, County of Kendall , State of Illinois, hereinafter referred to as the CITY, and Baxter & Woodman, Inc . , an Illinois corporation, hereinafter referred to as the ENGINEERS. WITNESSETH that for and in consideration of the mutual cove- nants and promises, hereinafter set forth, the parties hereto mutually agree as follows : SECTION 1 . The ENGINEERS shall furnish and perform the follow- ing professional services required by the CITY for the completing of the Sewer System Evaluation Survey, as identified in the Infiltration% Inflow Analysis, in accordance with the United States Environmental Protection Agency requirements for Federal Grant Project No . C272,01.1 , hereinafter referred to as the PROJECT. 1.1 Conduct a physical survey of the sewer system to deter. - mine its physical condition and identify conditions which may con- tribute to excessive infiltration/inflow. A set of form note: pc:- taining to existing conditions shall be completed for each manhole , and assembled in logical order to establish a permanent record for the CITY. 1. 2 Make flow measurements at key manholes during; dry and wet weather conditions . 1.3 Conduct a smoke testing study of the sanitary sewer system to aid in locating points of entrance of infiltration/inflow. 1. 4 Conduct a rainfall simulation study at locations of the sewer system where it is suspected that there is a transfer of water from storm ,sewers to the sanitary sewers for the purpose of locating sources of inflow. 1. 5 Provide all neeessary' supervision and direction for th-e cleaning and internal inspection of certain portions of the sani- tary sewer system and conduct simultaneous observations and 'flow measurements in order to estimate the quantity of water transferr-r:d from storm sewers and other outside sources Lo the sanitary sewur-s . 1. 6 Provide for the cleaning and internal inspection of sani- tary sewers , as set forth in subsection 1 .5 , by means of subcon"vact- ing with one or more commercial organizations specializing in this type of work. -1- 1 1.7 Conduct a building connection survey for the purpose of locating groundwater, storm water, roof runoff water or other sources of water being discharged to the sanitary sewers . 1. 8 Prepare a written engineering report (a) presenting the results of the studies described in 1 .1 through 1 . 7 above, (b) listing those manholes and sections of the sanitary sewers subject to large amounts of infiltration/inflow, (c) providing a cost-effective analysis to demonstrate where infiltration/inflow can economically be removed and where it is economical to assure adequate transportation and treatment , (d) setting forth the methods of rehabilitation of the sewer system where such is applicable, and (e) establishing estimated costs for sewer system rehabilita- tion and/or relief sewers if such are necessary . The report will show those sections of the sewer system in whhofrehabilitation ork. work is recommended and the locations and types Fifteen (15) copies of the report shall be furnished to the CITY . 1. 9 The services described in Subsections 1 .1 to 1 . 8 in- clusive shall be completed within 450 consecutive calendar days after the date of a letter by the CITY authorizing the ENGINEERS to proceed with the PROJECT. SECTION 2. The CITY shall compensate the ENGINEERS for the professional services described in Section 1 above as follows : 2 .1 The ENGINEERS shall be reimbursed for the actual cost of all services described in Subsection 1 . 1 to 1 .9 inclusive, including direct payroll costs, overhead and direct non-payroll expenses which shall not eofeeat28 amount of $81,572 shall be paid a fixed .ree $10� 977 on invested capital, readiness" o- serve and profit . 2. 2 Statements may be submitted monthly , in accordance with applicable provisions of Appendix C-1 (see paragraph 4 . 3 below) . 2. 3 Payment to the ENGINEERS shall be due and owing within thirty (30) consecutive calendar days from the date of the ENGI- NEERS' statement of services submitted to the CITY . Past due payment owed to ENGINEERS shall include an interest charge computed at an annual rate thirtiet day after the date SECTION 3 . The ENGINEERS agree to take positive efforts to use MBE consultants to achieve the USEPA Region V MBE goal of 10 to 15 percent of the total dollar amount of the engineering fee for the PROJECT in accordance with 40 CFR 35 .936-7 and Section V.C . (4) of the USEPA Policy For Increased Use Of Minority Consultants And Con- struction Contractors (FIR 1028-6) as published in the Federal Register Vol . 42, No . 243 on December 28 , 1978 , copy as follows : -2- .. T 3.1 The ENGINEERS shall provide maximum opportunities for MBE participation, notwithstanding the fact that the ENGINEERS may have the capability to complete the PROJECT without the use of sub- contractors, and shall submit to the CITY the name , address , tele- phone number, type of A & E consulting vice,nandCamount of sub- contract for each MBE in actor w the USEPA MBE policy. 3.2 If the ENGINEERS should be unable to achieve the USEPA Region V MBE goal, they will submit documentation of their good faith attempts to provide MBE participation which shall include the following: (1) Documentation of efforts to solicit the participa- tion of MBE firms including, but is not limited to : list of firms contacted, copies of solicitation letters , descriptions of how con- tact was made, i.e . , by mail, telegram, phone, personal. visit , etc . (2) Documentation of whether any offers were received from MBE firms . (3) Documentation of negotiation with MBE firms from whom offers were received. (4) In each subcontract specialty area in which an MBE proposal was received, documentation of whether the subcontract was awarded to the MBE firm, including the dollar amount of the subcon- tract . (5) If the subcontract was not awarded to an MBE firm, an explanation of why the contract would not be awarded to the MBE firm. (6) Any additional documentation supporting the ENGINEERS ' adherence with the MBE positive efforts requirements . SECTION 4 . The parties hereto further mutually agree : 4 .1 The ENGINEERS shall provide personnel and 3.facilities in accordance with EPA Form 5700-41, a copy of hereto, made a part hereof and marked Exhibit C , in rerforming the engineering services described herein. 4 . 2 The CITY shall provide the ENGINEERS with the following: 4 . 2 .1 Maps and record drawings of all existing sanitary sewers and storm sewers . 4 . 2 . 2 A water department employee to operate hydrants for filling of storm sewers during the rainfall simulation phase and portions of the internal inspection phase of the Survey . 4 .2 . 3 All water required for flooding of storm sewers during the rainfall simulation phase and portions of the internal inspection phase of the Survey. -3- 4 . 2. 4 All cost data pertaining; to wastewater- treatment additions which may be required at the wastewater treatment plant , owned, operated and maintained by the Yorkville-Bristol Sanitary District . This cost data must satisfy two requirements, i .e . ,l)be adequate to allow completion of the cost-effective analysis which is a necessary part of the SSES study under this contract and 2) be for a treatment process approved by the Illinois EPA for your Facilities Plan. 4 . 3 The required provisions for consulting engineering agreements contained in 40 CFR Part 35, Sub-part E, Appendix C-1, as published in the Federal Register, Vol . 43 , No . 188 September 27, 1978 , shall apply to this agreement and is hereby considered binding covenants hereto the same as if written herein, which Appendix is attached hereto and made a part hereof and marked Exhibit B. 4 . 4 The CITY shall reimburse the ENGINEERS at their standard hourly rates of compensation for all of the ENGINEERS ' time required In connection with audits pursuant to Section 9 of Appendix C-1 referred to above, plus any out-of-pocket expenses incurred by the ENGINEERS as a part of said audits , provided that the ENGINEERS notify the CITY in writing of such pending audits by the United Stated Environmental Protection Agency . IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed by their duly authorized officers as of the day and year first above written. CITY OF YORKVILLE YORKVILLE, ILLINOIS (SEAL) By ATTEST: ate- �✓ Clerk BAXTER & WOODMAN , INC . --, k By , Execut e ce-President Secretary 1 -4- 7"" COPY ORDINANCE NUMBER —a AN ORDINANC L GRANTING TO THE ILLINOIS BELL TELEPHONE COMPANY, ITS LESSEES, SUCCI'.SSORS AND ASSIGNS,CERTAIN RIGHTS IN THE United City of the Village of Yorkville, Kendall Cotnty, Illinois BE IT ORDAINED BY Till'. Mayor and the City Council of the United City of the Village of Yorkville, Kendall County, Illinois as follows: SECTION 1. 'That the ILLINOIS BELL TELEPHONE COMPANY, (hereinafter called the Company),its lessees, successors and assigns, are hereby granted the right to construct, erect, renew, maintain and operate in, upon, alien across,under and over the streets,alleys and public ways of the United City of the Village of Yorkvhle (hereinafter called the Municipality), lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment, and to use the same for the transmission of sounds and signals by means of electricity,and especially for the conduct of a general telephone business. SECTION 2. The location and height above or the depth below the public thoroughfares of the existing lines of poles, anchors, wires, cables, conduits, vaults, laterals and other fixtures and equipment of the Company within the Municipality are hereby approved, and the same shall be maintained and operated under and subject to the provisions of this ordinance. Any change in or extension of any of said poles, anchors, wires, cables, conduits,vaults,laterals or other fixtures and equipment (herein referred to as "structures"), or the construction of any additional structures,in, upon, along, across, under or over the streets, alleys and public wa of the slay shall be made under the r such off r titay be direction of the Chairman of the Committee on Streets and Alleys o niclpality—o tcs�$s- designated from time to time by the governing body of the Municipality for that purpose,.who shall, if the proposed change, extension or construction conforms to the provisions hereof;issue written permits therefor.The height above • public thoroughfares of all aerial wires and cables hereafter constructed shall conform to the requirements of the tlhnois Commerce Commission or other regulatory body having jurisdiction thereof. All structures hereafter installed shall he so placed, and all work in connection with such installation shall be so performed as not to interfere unreason- ably with ordumary travel on the highways of the Municipality or with any municipal water or sewer pipes then m place, and in case of bringing to grade or change of grade, or change of width of any street or alley, the Company, provided it is notified thereof in writing at least thirty (30) days prior to the commencement thereof,shall change its structures so as to conform thereto, except where such change of grade or the width of any street or alley is made in connection with the rearrangement, separation or alteration of railroad crossings or is incident to any such rearrange- ment, separation or alteration. The tops of all vaults constructed by the Company within the Municipality shall present an even surface with the pavement at the point where laid,and,subject to the exception contained in the last preceding sentence, shall he lowered or raised by the Company to conform to the top of paving or improvement as required by the governing body of the Municipality whenever the grade of the street or alley in which any such vault is located may be at any time hereafter lowered or raised. SECTION 3. The Company, after doing any excavating, shall leave the surface of the ground in a neatly graded condition. All sidewalks,parkways or pavements disturbed by the Company shall be restored by it to as good condition as before said sidewalk, parkway or pavement was disturbed by it,and in the event that any such sidewalk,parkway or pavement shall become uneven, unsettled, or otherwise requires repairing, because of such disturbance by the Company, then the Company, as soon as climatic conditions will permit, shall,promptly,upon receipt of notice from the Municipality so to do,cause such sidewalk,parkway or pavement to be repaired or restored to as good condition as before said sidewalk, parkway or pavement was disturbed by the Company. The Company shall keep all structures which it shall construct by virtue of this ordinance, in a reasonably safe condition at all times,and shall maintain such barriers and danger signals during the construction, repair or renewal work performed hereunder as will reasonably avoid damage to life,limb and property. SECTION 4. The Company shall, at its own expense, defend all suits that may be brought against the Munici- pality on account of or in connection with the violation by the Company of any of the obligations hereby imposed upon or assumed by it, or by reason of or in connection with any damage to life,limb or property as a result of any of the structures constructed by it under or by virtue of this ordinance,and shall save and keep harmless the Municipality from any and all damages, judgments, costs and expenses of every kind, that may arise.by reason thereof, provided, that notice in writing shall be immediately given to the Company of any claim or suit against the Municipality which, by the terms hereof, the Company shall be obligated to defend, or against which the Company has hereby agreed to save and keep harmless the Municipality and provided further that the Municipality shall furnish to the Company all information in its possession relating to said claim or suit, and cooperate with the Company in the defense of said claim or suit. The governing body of the Municipality may, if it so desires, assist in defending any such claim or suit, but solely under the direction of the Company or its attorneys, and the Company shall not be required to reimburse the Municipality for expenses incurred by it in case of the election so to auist. 2 - SECTION 5. In consideration of the foregoing grant, while the Company is using any pole or poles erected or maintained hereunder,it will permit the Municipality the use of space,if such space is not required for Company needs, for attaching the Municipality's police and fire alarm signal wires, provided that the police and fire alarm system is provided to the public without charge. Any such attachments are to be in accordance with specifications designated by Company and all work will be performed by the Municipality at its expense, at the top of the space available for the use of the Company on any of said poles, it being understood that the poles upon which space is permitted the Municipality shall be considered, for the purpose of this agreement, as personal property; provided that such wires shall be so placed and maintained by the Municipality that the use of the same will not interfere with the operation and maintenance of the Company's equipment or its use of said poles, and provided further that a thirty (30) inch climbing space shall be maintained between the pole pins on poles jointly used with another public utility. All such police and fire alum signal wires shall be attached and maintained under the direction and supervision of the Compa- ny's authorized representatives and only in compliance with any rules for construction and maintenance of electric power and communication lines as may be ordered by the Illinois Commerce Commission. The Municipality shall, at its own expense, defend all claims, demands, or suits on account of any injury to life, limb or property that may result by reason of or in connection with the presence, use, maintenance,erection or removal of the Municipality's to save and keep harm- police and fire alarm signal wires and their appurtenances costs and expenses of any kind may arise by reason less the Company from any and all damages,judgments, thereof. SECTION 6. So long as the Company exercises and enjoys the rights granted to it hereunder, it will furnish to the Municipality, free of charge, such number of individual line business telephones for business of the Municipality only, as is specified in Section 13 hereof. Said telephones shall be installed in such places within the Municipality as the governing body thereof shall from time to time direct by resolution. Application therefor &hall be made by the Municipality on the Company's usual form. The Company, without charge and when directed ovided that resolution of than governing body of the Municipality, shall change the location of any of said telephones, p one such change of location in any one year of any telephone furnished hereunder shall be made by the Company without expense to the Municipality. In lieu of all or some of said individual line business telephones, the govern- ing body of the Municipality may elect, by resolution, to have any other local flat rate business exchange service or facili ties from time to time offered by the Company to its subscribers in the telephone exchange in which the Munici- pality is located, to the extent that the aggregate value of all telephone service and facilities so furnished hereunder, based upon the Company's lawful charges from time to time In effect therefor to said subscribers, does not exceed the value, on the same basis, of said individual line business telephones. "Local flat rate exchange service,"as used in this section, shall not be construed to include any extended area service available to subscribers under an optional schedule. No liability shall attach to the Company with respect to the furnishing of said service or facilities, or on account of any failure or interruption of said service or facilities, except that the Company will restore such service and facilities promptly upon receipt of notice of such interruption or failure. SECTION 7. The Company after five (5)days' written notice tthe movinn of a building Municipality any theryoo do so, shall remove or raise or lower its structures temporarily to permit g along a highway, provided the benefited party or parties shall agree to pay the Company n amou de equal tot he actual cost of effecting such temporary changes in its structures;and provided further that,pending of such actual cost, the benefited party or parties shall have deposited with the Company an amount equal to the cost as estimated by the Company. Should any amount of such deposit remain unexpended,after deducting the actual cost involved,said amount shall be returned to the party making the deposit. SECTION 8. In case the Company shall fail or neglect to comply with any or all of the provisions of this ordi- nance (unless by order of the Illinois Commerce Commission or of any other body, board, commission or court of competent jurisdiction, the Company is otherwise directed, or unless compliance by the Company with such provision ful by an order of the Illinois Commerce Commission or by an order of any other body, is prohibited or adjudged unlaw d, commission or court of competent jurisdiction), the Municipality reserves the right to repeal this ordinance or bon rescind this contract, and forfeit the rights hereby created or sought to be created, provided that no such repeal, rescission or forfeiture shall exist or be claimed because of such failure or neglect,until written notice of such failure or neglect so claimed shall have been given to the Company,and a reasonable opportunity afforded it to comply with the provisions hereof or to prove that such compliance already exists. In the event that the Illinois Commerce Commission or any other body, board, commission or court of competent jurisdiction shall adjudge any provision or provisions or hereof invalid or illegal, or direct a change by the CompanYsions of this ordinanceeror their validity or legality ,and illegality or change shall in no way affect the remaining provisions this ordinance in all other respects shall continue in full force and effect,as if said provision or provisions had not been so adjudged invalid or illegal or such change directed. SECTION 9. So long as the Company exercises the rights 5,granted to itl 3erhunder the so long as the will tnot�by shall receive the considerations therefor as recited in Se ordinance or otherwise,vacate any street,alley or public way in which the Company has its structures installed without reserving the following easement rights: Illinois Bell Telephone Co., its successors and assigns, are granted the right to construct,reconstruct,add to,remove,operate,and maintain communication systems consisting of such poles,anchors, guys, wires, cables, conduits, terminals, manholes, and other fixtures as said Company may from time to time require,together with the right of access to the same in aforesaid described vacated alley or street. - Privileges heretofore made or granted by the Mul"c" SECTION 10. All grants, franchises, rights, licenses and rights of the Company under grants, franchises, ngt pality by ordinance or otherwise to the Company and all art of licenses and privileges made by the Municipality vokedrand repealed, itrbeing he 'intention that uthis ordinan a shall its pules, lines, equipment or plant, are hereby and all obligations of the contain all grants, franchises, rights, permits, licenses and privileges of the Company, c fees for the erection, placing, maintenance and operation. he considerations u recited in Sections 5,6 and 13 shall he in lieu of any Company in connection therewith and that t d all other license, permit, inspection ur uccupan Y tiding opening and closing excavations in the streets, alleys and public ways,of the Ci►nrpany's facilities and eyuip- nt in the Municipality. SECTION 1 1. Whenever the word "Company" Of the words "Illinois Bell Telephone Company" are used in this llinois Bell Telephone Company, its lessees, successors and assigns. ordinance, they shall he construed to mean the I and this ordinance shall he binding upon and inure to the benefit of the Company, its lessees, successors and assigns. SECTION 12. This ordinance shall be in full force upon receipt, by the Clerk of the Municipality, of the Company's written and unconditional acceptance of all of the provisiosn o at�d Otte attested by ilsxSe�Secretary or its Ass►stant officer thereunto duly authorized, under the corporate seal of the Company, Secretary. hereof, the Company will fumish SECTION 13. Under the terms and con 9)individual idual line business telephones during the first two year year period of tFds or iinance. As of the beginning of the second and each succeeding two hereof, the Company shall determine the number of its telephones periods,one telephone,n atdditionhe the corporate period two Municipality. During each of these succeeding year period,will be furnished to the Municipality for each the number provided during the first ( 17 telephones by which the number of telephones in service within five hundred seventeen until the number of such telephones reaches 10.000 and the Municipality exceeds 4,309 Thereafter, under the aforesaid terms and telephones furnished to the Municipality number a total of forty (40). iiuns, the Company will furnish one additional telephone for each two hundred and fifty (250) telephones by cond t which the number of telephones in service Municipality exceeds 10, ce within th w PASSED this day of City er k A. U. 1 qeC� APPROVED this___Z., day of Mayor STATE OF ILLINOIS Kendall ) SS COUNTY OF ) OF 1h CitY Village of Yor cville City Clerk of the I, v,.;-lr,r;Ile XPnrlal 1—County, Illinois,do hereby of "'t f rhP lLi�z�r—�f, the above and foregoing is a true,correct m it certify that 1 am the keeper of the ordinances of said Municipality', by the d th,�l and approved by the �- and complete copy of Ordinance Number , p p 19 _, �+, day of as appears from the records of of said Municipality on the day of 'rte , A.D. 19�_, PPe thereof on the '�'� said municipality. Clerk of s 'd Municipality and IN WITNESS WHEREOF, I have hereunto set m h achy of ' A D. 19 have hereunto affixed the seal thereof this J CLtY _Clerk