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City Council Packet 2003 02-25-03 `,seo Co.).. �. United City of Yorkville all County Seat of Kendall County EST. L _1836 800 Game Farm Road --------,-7,- v) Yorkville, Illinois 60560 AGENDA 0 I' -1 O Phone:630-553-4350 CITY COUNCIL MEETING �"ri, E�`N> Fax:630 553-7575 CITY COUNCIL CHAMBERS 7:00 PM REVISED: 2/24/03 Tuesday, February 25, 2003 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Mike Anderson Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:30 p.m., Monday, March 24, 2003 City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, March 20, 2003 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, March 13, 2003 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, February 27, 2003 City Hall Conference Room Presentations: None Citizen Comments: City Council Meeting Agenda February 25, 2003 Page 2 Public Hearings: 1. PC 2002-16 Menard's Residential: Menard, Inc., petitioners, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 Agricultural to United City of Yorkville R-2 Planned Unit Development. The real property consists of approximately 142 acres and is located on the South side of Kennedy Road, approximately 1,300' East of Route 47, Bristol Township, Kendall County, Illinois. This Public Hearing is being continued to a date certain. Consent Agenda: 1. Minutes for Approval (Corrections and Additions): Minutes of City Council—February 11, 2003 Minutes of Committee of the Whole— September 3, 2002 COW&Public Hearing; September 17, 2002; November 5, 2002 2. Ordinance Amending Liquor Control Ordinance Allowing Sampling and/or Tasting of Alcoholic Liquors by Class A Liquor License Holders 3. Park&Recreation Maintenance Plan& Standards 4. Program Supervisor Job Description 5. Grant Guideline Requests 6. Goals& Objectives for Parks&Recreation 7. Annual Tax Abatement-Fox Industrial Bonds Plan Commission/Zoning Board of Appeals: Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 366,327.08 (vendor) • $ 98,857.32 (payroll period ending 2/8/03) $ 465,184.40 (total) Reports: Mayor's Report: 1. Annual Year-End Report for 2002 2. Recognition of Carol E. Grote from Senior Services City Council Meeting Agenda February 25, 2003 Page 3 Mayor's Report (con't): 3. Commendations for Sergeant Sibenaller and Officer Pleckham&K-9 Jumbo 4. Presentation of Certificate of Achievement to Lieutenant Schwartzkopf 5. Appointment of Bob Johnson to Fire&Police Commission Attorney's Report: City Clerk's Report: City Treasurer's Report: 1. Treasurer's Report for January 2003 City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks&Recreation Report: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. YBSD Intergovernmental Agreement for Radium Compliance 2. EEI- Engineering Design Services for Grande Reserve Water Project Economic Development Committee Report: 1. PC 2002-12 Kylyn's Ridge - Final Plat Public Safety Committee Report: 1. No Report Administration Committee Report: 1. Beecher Community Room Divider Executive Session: 1. Land Acquisition-For the purpose of purchasing or leasing of real property for the use of the public bodies being considered. City Council Meeting Agenda February 25, 2003 Page 4 Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2002 –2003 PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Kot Water and Sewer Park Board Vice-Chair: Alderman Besco Streets and Alleys YBSD Committee: Alderman Sticka Sanitation and Waste Committee: Alderman Munns CONOMIC DEVELOP—ME—N11 Committee Departments Liaisons Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce Vice Chair: Alderwoman Burd Business& Economic Dev. Kendall County Econ. Dev. Committee: Alderman Anderson Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETYI Committee Departments Liaisons Chairman: Alderman Anderson Police Human Resource Comm. Vice Chair: Alderman James Schools School District Committee: Alderwoman Spears Public Relations KenCom Committee: Alderman Kot ;ADMINISTRATION; Committee Departments Liaisons Chairman: Alderwoman Spears Finance Metra Vice Chair: Alderman Munns Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman James MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD,ON TUESDAY,FEBRUARY lI 2003: TT Alderwoman Spears called the meeting to order at 7:00 P.M and led DRArdglbf Allegiance. City Clerk Milschewski explained that due to the death in his family Mayor Prochaska was unable to attend the meeting and she requested a motion to appoint Alderwoman Spears as Mayor pro tem. So moved by Alderman Kot;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-4 Nays-0 Anderson-aye,Besco-aye,Kot-aye,Sticka-aye ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Sticka Present Ward II Burd Absent Kot Present Ward III Anderson Present Munns Absent Ward IV Besco Present Spears Present(Mayor pro tem) Also present: City Clerk Milschewski,City Treasurer Allen,City Administrator Graff,City Attorney Kramer,Police Chief Martin,Finance Director Pleckham,Director of Public Works Dhuse,and Executive Director of Parks&Recreation Brown QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor pro tern Spears welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA City Treasurer Allen requested that the December 2002 Treasurer Report be added to the agenda. He stated that he turned in the report too late on Friday,February 7,2003 to make the agenda. Mayor pro tern Spears tabled Mayor Prochaska's report until the next City Council meeting. Alderman Sticka noted that Item#1 (Kylyn's Ridge final plat)under the Economic Development Committee report was being tabled because the engineering review had not been completed. Alderman Anderson noted that Item#1 under the Public Safety Committee report should be under the Public Works Committee report. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M.,Monday,February 24,2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,February 20,2003 • City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M.,Thursday,February 13,2003 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Thursday February 27,2003 City of Yorkville Conference Room 800 Game Farm Road PRESENTATION None. The Minutes of the Regular Meeting of the City Council-February 11,2003-page 2 CITIZEN COMMENTS None. PUBLIC HEARINGS None. CONSENT AGENDA 1. Minutes for Approval a. Minutes from the City Council Meeting of January 28,2003 b. Minutes from the Committee of the Whole Meeting of October 1,2002 2. Ordinance 2003-13 Ordinance Revising Membership of Park&Recreation Board 3. Monthly Police Reports for November and December 2002 4. Ordinance 2003-14 Ordinance Amending Dog Ordinance 5. Sunflower Estates Unit 3—Bond Reduction#3 6. Yorkville Business Center Units 2&3—Bond Reduction 7. Water Reports for December 2002 A motion was made by Alderman Anderson to approve the consent agenda as presented; seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-5 Nays-0 Kot-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. BILLS FOR APPROVAL A motion was made by Alderman Anderson to approve the paying of the bills listed on the Vendor Invoice Register#235 dated February 7,2003: checks in the amount of$301,281.44 (vendor),$102,957.78(payroll period ending 1/25/03),for a total of$404,239.22:seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-0 Besco-aye,Kot-aye,Sticka-aye,Anderson-aye,Spears-aye City Attorney Kramer noted that due to Illinois law,if one half or less of a Council is present to vote,the mayor is required to vote. REPORTS MAYOR'S REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT City Treasurer Allen requested a motion for the approval of the monthly Treasurer's Report for December 2002 as presented. So moved by Alderman Anderson;seconded by Alderman Sticka. Motion approved by a roll call vote. Ayes-5 Nays-0 Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Kot-aye Treasurer Allen expressed his family's condolences to the Prochaska family. CITY ADMINISTATOR'S REPORT Administrator Graff reported that the Big Brothers/Big Sisters would be having their annual fund raiser-bowling event on March 4,2003 at Fox River Lanes. He stated that Mayor Prochaska has received a challenge from both Oswego and Plano.He stated that if anyone was interested in bowling as the Mayor's team members,please contact Mayor Prochaska. The times for bowling are 4:00,5:00,6:00 or 7:00 p.m.and he'd like to know what time is preferable. The Minutes of the Regular Meeting of the City Council-February 11,2003-page 3 Mayor pro tern noted that her daughter Cherese Spears was bowling in her place and was looking for pledges. FINANCE DIRECTOR'S REPORT (Ordinance)2003-15 Single-Family Mortgage Revenue Bond Finance Director Traci Pleckham requested a motion to approve an ordinance authorizing the execution and delivery of an Intergovernmental Cooperation Agreement and certain documents in connection therewith;and related matters and to authorize the Mayor and City Clerk to execute all documents. Attorney Kramer noted that this was a follow up ordinance to the bonding for the First Time Home Buyers Program that allows all the intergovernmental agencies signing the agreement to participate in the program. So moved by Alderman Sticka;seconded by Alderman Anderson. Motion approved by a roll call vote. Ayes-5 Nays-0 Besco-aye,Kot-aye, Spears-aye,Sticka-aye,Anderson-aye DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION No report. Mayor pro tern Spears asked the status on the grant for open space that Director Brown applied for. Ms.Brown indicated that the city should hear something in about two weeks because the Governor is now reviewing grants. COMMUNITY&LIAISON REPORT No report. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Revised Engineering Agreements with EEI For Water Improvements A motion was made by Alderman Kot to approve the revised Professional Engineering Services Agreement with Engineering Enterprises,Inc.for the Water Improvement Project,not to exceed $1,750,000.00 and to authorize the Mayor and City Clerk to execute the document;seconded by Alderman Besco. Alderman Kot commented that the City has moved from the lime softening to cation exchange to remove the radium. This change along with the south pressure zone and well#7 engineering is still saving the City approximately$235,000.00. Motion approved by a roll call vote. Ayes-5 Nays-0 Kot-aye, Spears-aye Sticka-aye,Anderson-aye,Besco-aye Truck Order A motion was made by Alderman Kot to approve the request to order an International Single Axle Dump Truck with equipment from Prairie International not to exceed$80,000.00;seconded by Alderman Besco. Alderman Kot clarified that this truck is a state purchase and the City is trying to get a head start so that it gets its equipment in time for next winter. Motion approved by a roll call vote. Ayes-5 Nays-1k Kot-aye, Spears-aye, Sticka-aye,Anderson-aye,Besco-aye The Minutes of the Regular Meeting of the City Council-February 11,2003-page 4 (Ordinance)2003-16 Vacating Utility Easement on Lot 1,Block 2 in Fox Industrial Park Unit 1 A motion was made by Alderman Kot to approve a ten foot utility easement located in Lot 1, Block 2 in Fox Industrial Park Unit 1 and the creation of a ten foot water easement,detention easement and ten foot utility easement as displayed on the plat:seconded by Alderman Sticka. Administrator Graff commented on the cross access agreement. Attorney Kramer noted that there is a cross access easement which is a totally private road affecting three separate parcels. Two parcels have closed and the owners have signed the easement and when the third closes the third owner will sign and it will be recorded. The City will have no liability to the road;it will be privately maintained. Motion approved by a roll call vote. Ayes-5 Nays-0 Kot-aye,Spears-aye,Sticka-aye,Anderson-aye,Besco-aye Hydraulic Street Sanitary Sewer Engineering Services A motion was made by Alderman Kot to approve the Professional Services Agreement with Walter E.Deuchler Associates,Inc.for design services and construction guidance of the Hydraulic Street Sanitary Sewer Interceptor Project,not to exceed$405,000.00 and to authorize the Mayor and City Clerk to execute the agreement upon receiving the funds from Wyndham Deerpoint and Wiseman Hughes as stated in their annexation agreements;seconded by Alderman Sticka. Alderman Kot noted that the funds for the services will be coming from the developers so nothing will happen until they are received. Administrator Graff noted that the developers have been notified and have indicated that the funds should be deposited in the next ten days. Motion approved by a roll call vote. Ayes-5 Nays-0 Spears-aye,Sticka-aye,Anderson-aye,Besco-aye,Kot-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT PC 2002-12-Kylyn's Ridge Final Plat A motion was made by Alderman Sticka to table PC 2002-12 Kylyn's Ridge Final Plat;seconded by Alderman Besco. Motion approved by a viva voce vote. Facade Program Disbursement Requests A motion was made by Alderman Sticka to approve the Facade Program Disbursements in the amount of$8,056.20 and$1,850.00 as recommended by the Façade Committee;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-5 Nays-0 Sticka-aye,Anderson-aye,Besco-aye,Kot-aye, Spears-aye PUBLIC SAFETY COMMITTEE REPORT Alderman Anderson noted that this item came out of the Public Works Committee and he had noted earlier that it should be moved to the Public Works Committee Report. Alderman Kot stated that he asked about this item before the meeting and because the Human Resource Committee(HRC)comes out of the Public Safety Committee,it was placed under that report. Alderman Anderson noted that this item has never been discussed by the Public Safety Committee. Administrator Graff commented that the HRC liaison was the Public Safety Committee. Alderman Anderson stated he would make the motion. Human Resource Committee Historical Street Name List A motion was made by Alderman Anderson to approve the Historical Street Name List as recommended by the Human Resource Commission;seconded by Alderman Besco. Alderman Kot noted that this item had been discussed at length at the Committee of the Whole meeting. He stated that everyone on the list deserved to be on it and he felt that it was another issue if the Council thought for future purposes that individuals holding public office should or should not be considered for the list. He stated that the HRC developed the list at the Council's direction and the criteria could be modified at a later date The Minutes of the Regular Meeting of the City Council-February 11,2003-page 5 Alderman Sticka commented that he brought up the discussion on the criteria and agreed with Alderman Kot that the criteria should be reviewed. Alderman Anderson also agreed with this. Mayor pro tem Spears noted that the HRC discussed this extensively and they felt that Representative Cross and Speaker of the House Hastert were nominated for something other than the office they hold. She stated that she will bring the Council's suggestions for further discussion back to the HRC. Motion approved by a roll call vote. Ayes-5 Nays-0 Anderson-aye,Besco-aye,Kot-aye, Spears-aye, Sticka-aye ADMINISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Hold Harmless Agreement Attorney Kramer stated that the City of Plano has asked to test well#5 and there needs to be a Hold Harmless Agreement granting them permission to enter unto the property and conduct the tests. Plano agrees to and indemnifies Yorkville against any damages caused by their activities. He requested a motion to authorize the Mayor and City Clerk to accept the Hold Harmless Agreement. So moved by Alderman Anderson;seconded by Alderman Besco. Motion approved by a viva voce vote. Neighborhood Watch Alderman Sticka commented that he was glad to see the Police Department distributed newsletters to the Neighborhood Watch people. He suggested that the next newsletter contain information on the new Dog Ordinance. Chief Martin stated that he will include this information. Application for Board Positions Mayor pro tern Spears noted that there is a new applications for individuals who wish to volunteer for various Board or Committee positions. She stated that the Kendall County Record would be printing the form this week and she thanked them for doing this. Dam Advisory Committee City Treasurer Allen commented that there was a Dam Advisory Committee meeting and he wanted to share an interesting item with the Council. He stated that it sounds like the Illinois - Department of Natural Resources would be returning to look for conditional guidance from the Council. ADJOURNMENT Mayor pro tern Spears entertained a motion to adjourn. So moved by Alderman Anderson; seconded by Alderman Sticka. Motion approved by a viva voce vote. Meeting adjourned at 7:25 P.M. Minutes submitted by: Jacquelyn Milschewski,City Clerk City of Yorkville,Illinois Page 1 of 3 CITY OF YORKVILLE COMMITTEE OF THE WHOLE September 3, 2002 -7:00 PM MEMBERS PRESENT: Mayor Arthur F. Prochaska, Jr. Alderman Larry Kot Alderman Rose Ann Spears Alderman Richard Sticka Alderman Paul James Alderman Joe Besco Alderman Mike Anderson Alderman Valerie Burd City Administrator Tony Graff Attorney Dan Kramer Police Chief Martin Treasurer Robert Allen Dir. Finance Traci Pleckham Dir. Public Works Dhuse Cindy Green Guests: See attached. Public Hearings: Compensatory Storage Ordinance—This item will be returning to the COW meeting on September 17. Presentations: NONE Alderman Burd noted that the Aurora Tourism Council Contract was not on the agenda for discussion. City Administrator stated that the contract needed to be reviewed at Administration Committee and that it was placed on the Administration Committee agenda. Old Business: Cable Consortium/AT&T- Ordinance Enacting Cable Communications-This ordinance would allow for any cable company to come in and operate a cable business within the City of Yorkville. It contains the service standards, land restoration, insurance indemnification, etc. Franchise Agreement(TCI)-15 year agreement. This agreement does contain the verbiage for review of technology improvements. Alderman Kot noted concern with the 15-year term. It was noted that the 15-year contract is standard to re-coup the investment(capital costs) of equipment. At any time a public hearing can be held with regards to issues with service and programming. There is also a revocation clause placed in the agreement. Intergovernmental Agreement(with WCC)for Cable Access Studio-Who sets policies and procedures. It was stated that Consortium and that the college is part of that. The signature page needs to reflect the City Clerk. Resolution to Approve Funding of Public Access and Government Programming-Payment would be due after the first of the year. These 4 items are to be placed on the September 10 council agenda. Comprehensive Plan/Zoning Issues Final Draft-There was an update made to the verbiage of the transitional zoning and also for the future development area. There is also additional cleanup for the Prairie Parkway that is needed. There is also a small changed needed to the map draft. Alderman Kot would like to see some form of verbiage that the City of Yorkville is not trying to get any landowner to sell out or change the zoning of any farm property. Attorney Kramer also stated that the City of Yorkville has never forced anyone to annex into the City of Yorkville. Attorney Kramer also stated that the Comprehensive Plan is just that a generalized plan, a guideline for future development areas. This plan is revised on a regular basis to keep with the growth of the City. It was also noted that the comprehensive plan area along route 47 shows low density residential zoning; however, there are commercial businesses located there. This item will be placed on the September 10 council agenda. Letters of Credit Resolution-There are a lot of changes that still need to be made and Attorney Kramer asked that this item be returned to the September 17 COW agenda. Corland's Lease Agreement-The agreement needs to be updated with the closing date. This item will also be placed on the September 17 COW agenda. Page 2 of 3 Brisben Development Agreement-The agreement has been distributed with minor language upgrades. City Administrator feels that the agreement will come back with signatures. This item will be placed on the September 10 council agenda. Northgate Annexation Agreement-There are 4 specific policy issues that need to be reviewed. They are the approval of septic systems vs. sewer if sewer is unavailable when the property is developed. Attorney would feel comfortable with septic on the commercial zoning only. This would be subject to the approval of the Kendall County Board of Health Department. It was also suggested that there be a time limit for the commercial units to hook onto the sewer after it becomes available. The second policy issue was with regards to water improvements. The developer were to construct water improvements, they would like to be not charged for any water connection fees and would like to be also credited interest. It was noted that this is not a policy that the City has set up. The suggestion should be made to the developer that if they wish to be reimbursed for any fees that it could be applied for through recapture fees. The third issue, the developer would like to have the chance to prepay the transaction fee at$3,000 for each unit in case the City decides to raise the transition fee. The developer always has the option to prepay any fees when a final plat has been approved. The fourth item has to do with storm water, with regards to the FEMA map issue. With an engineering study, there may be reason to make a change to a FEMA map revision. The developer would like to have authority to start building on a piece of property, where a map revision has been submitted, but not granted by FEMA. Attorney Kramer does not feel comfortable with this issue. He would prefer not to become involved with this there is too much liability. It was felt that there are too many issues to be completed before this can be approved. This item will be returned to COW on September 17. Radian Asset Assurance Inc.Agreement/Resolution-Radian is the insurance company that insures the City bonds. They would like to receive notice if there are any amendments made to the bond ordinance. The resolution would give notice to Radian when changes were being made. This item will be placed on the September 10 council agenda. New Business: Woodworth Estates Phase 3/Acceptance of Public Improvements-City Engineer Joe Wywrot recommended that it be accepted contingent on two issues, streetlights and street name signs. Public Works Director Dhuse stated that streetlights have not been addressed and that the street name signs are not in. It was recommended that this item only be accepted with subject to completion of the streetlights and street sign issues. This item will be placed on the September 10 council agenda contingent on the completion of these items. Prairie Gardens/Letter of Credit Reduction-City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. Cannonball Estates Phase 1/Letter of Credit Reduction#3-City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. Cannonball Estates Phase 2/Letter of Credit Reduction #2-City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. White Oak Unit 4/Letter of Credit-City Engineer Wywrot has recommended that this issue be placed on the September 10 council agenda. Preliminary engineering for 2002 Road Program with Revised Smith Proposal Alderman Kot asked the alderman to submit names of streets that are in need of repairs and maintenance. Alderman Kot would like to move ahead with the engineering portion of the project started. There is$50,000 budgeted for this item. The engineering costs are estimated at$29,479. Mayor Prochaska noted that if the engineering were completed, that when funding is made available, these streets would be ready to be added to a project list. Alderman Kot suggested that the total be looked at for costs and maybe do a bond to finance this issue. Alderman Besco raised an issue with regards to the amount of soil borings. Page 3 of 3 City Treasurer Allen interjected with a comment with regards to borrowing money to pay for the road repairs. Yes, he stated that he would like to see the repairs made, but discouraged the borrowing of money to repair them. This item will be placed on the September 10 council agenda. 2002 Crack-filling program/Update proposed recommendation-There is not any action that can be done with this item and will be put off until such appropriate time and money are there. 2002 Monthly Police Reports are recommended to be placed on the September 10 council agenda for approval. Weather Warning Siren Ordinance-This item has been distributed for review. A fee structure is necessary for future development and the costs necessary to keep the program current. It was also noted that the siren area needs to be verified on coverage. This item is to be returned to the September 17 COW meeting. Parking Ordinance-This item has been distributed for review with regards to the 2-inch snow ban. This item will be returned to the September 17 COW meeting. Additional Business: Alderman James had concerns with a pothole on Mill St? Mr. Dhuse stated that it had been filled. Alderman Burd stated that she would be attending a meeting on September 10 for the Prairie Parkway. She asked for any comments from the council that they would like presented at the meeting. Mayor Prochaska noted that the YEDC was holding their annual meeting on September 20. If any alderman wish to attend, please see Holly for reservations. Mayor Prochaska noted that the IML meeting was next week and he wanted to be sure that everyone was registered. Mayor Prochaska stated that there would be a 9-11 ceremony next Wednesday at 6:00 PM. City Administrator Graff noted that there would be a presentation from the Auditors at the September 17 COW meeting. Information would be distributed at the next council meeting. Police Chief Martin noted 2 new recruits will graduate Friday. The meeting adjourned at 10:10 PM. Respectfully submitted by Cindy Green Page 1 of 2 UNITED CITY OF YORKVILLE PUBLIC HEARING DRAFT September 3, 2002— 7:00 PM A motion was made by Alderman Kot to enter into Public Hearing for the purpose to discuss the Ordinance amending the City of Yorkville Subdivision and the Standard Specifications for Improvements with regards to compensatory storage. Alderman Spears seconded the motion. Cindy Green took Roll Call. Alderman Larry Kot, aye Alderman Richard Sticka, aye Alderman Paul James, aye Alderman Marty Burd, aye Alderman Joe Besco, aye Alderman Mike Anderson, aye Alderman Rose Ann Spears, aye Alderman Valerie Munns was absent. It was noted that a quorum was present. Compensatory Storage is an artificially excavated, hydraulically equivalent volume of storage within the floodplain used to balance the loss of natural flood storage capacity when fill or structures are placed within the floodplain. The City of Yorkville is looking at a compensatory storage requirement for will or structures equal to 1.5 times the volume of floodplain storage lost or displaced. Attorney Kramer noted that the City is interested in input from developers and landowners. He also felt that the 1.5 was a good compromise and that possibly 2 to 1 was too strict. Mayor Prochaska asked for rebuttal from the public. Chris Lannert, a planning consultant working on the Undessor property with Oceans Atlantic, noted that the ordinance would directly affect the property he is currently working. He noted that flat farmland was a more difficult piece of property to work with, however with proper design it can accommodate the ordinance. The engineering company that is working with Oceans Atlantic is familiar with this kind of problem and feels that adjustments can be made to correct the issue. It is possible that a lake can be installed or even a golf course. These are two different items that could be used in order to work around this issue and at the same time add a public enhancements. Attorney Kramer also stated that variances could be issued if a design is presented that would be acceptable. Mayor Prochaska would prefer to see a possible change if the verbiage if it would make a difference instead of having to use a variance. Alderman Sticka asked if in prior projects that Mr. Lannert was involved in, if compensatory storage language was involved and what the amounts were. Mr. Lannert thought that they varied from project to project that he worked on. Alderman James asked what defines compensatory storage, versus naturalized storage. Compensatory storage is like comparing 100 acres with 1 foot of water, to 50 acres of property with 2 feet of water. Naturalized storage is like taking a piece of property with partial wetlands and partial dry lands and changing the property to be all wetlands, with natural plantings. Page 2 of 2 Alderman Kot asked if discretionary language were added that would allow for the City Engineer to make a variance request? Mayor Prochaska would prefer not to see verbiage that could lead to constant variations. He also noted that each project would have to be reviewed to see what value would be added to the City. Would there be more value with green space or commercial space. Mr. Lannert noted that they would probably need to ask for a variation since there is 90 acres of the property that lies in a floodplain. Alderman Sticka requested that the verbiage be written with some flexibility in mind. Alderman Anderson suggested that a range be placed in the verbiage. Alderman Besco stated that he felt too much flexibility might also create additional problems. Eric Dhuse asked what the ratio was for the county. Attorney Kramer stated that the County ratio is at 1.0; however, their lot sizes are larger at 1 acre. They allow the lot size to be reduced to 20,000 square feet, but with cluster housing that allows for larger common space. It was decided that this item would be returned to COW for additional review. A motion was made by Alderman Spears to exit the Public Hearing. Alderman Besco seconded the motion. Roll Call was taken. Alderman Larry Kot, aye Alderman Richard Sticka, aye Alderman Paul James, aye Alderman Marty Burd, aye Alderman Joe Besco, aye Alderman Mike Anderson, aye Alderman Rose Ann Spears, aye Respectfully submitted by Cindy Green Page 1 of 2 CITY OF YORKVILLE COMMITTEE OF THE WHOLE DRAFT September 17, 2002-7:00 PM MEMBERS PRESENT: Mayor Arthur F. Prochaska, Jr. Alderman Larry Kot Alderman Rose Ann Spears Alderman Richard Sticka Alderman Paul James Alderman Joe Besco Alderman Mike Anderson Alderman Valerie Burd Alderman Marty Munns City Administrator Tony Graff Attorney Dan Kramer Police Chief Martin Treasurer Robert Allen Dir. Finance Traci Pleckham Dir. Public Works Dhuse Cindy Green Guests: See attached. Public Hearing: None Presentations: 01102 Audit Presentation-John Weber with F.P.T.&W., gave a brief review of the annual audit. Mr. Weber touched briefly on the Independent Audit Report. All the records are in order and they were able to tie in all the numbers. He also touched briefly on the balance sheet where all the assets and liabilities are found. He noted that with the fund balance also includes the reserve amount for the Fox Industrial Park project. The unrestricted available amount is approximately three months worth of expenditure costs. The income statement shows the actual result with regards to the anticipated budgets. Mr. Weber noted that the license and permit fees were above the anticipated. He also noted that expenditures were actually under budget. Treasurer Allen requested verification with regards to the total amount of listed debt. Mr. Weber explained that the amount of debt included all principal and interest due over the next 20 years. Alderman Sticka asked if this is what could be considered a "clean" audit. Mr. Weber responded in the affirmative. Mayor Prochaska wanted to verify the unrestricted amount of funds that was in the General Fund. He wanted to be sure that he did understand that this fund was an available or spend-able fund. Mr. Weber responded to the affirmative. It was also noted that this amount was up from the prior year. Scott Termine presented information with regards to the management letter. Mr. Termine gave a review of the internal controls and City policies and procedures. His first recommendation is the recording of fixed assets. In reviewing the fixed assets records, they did note the City does have a set policy with regards to dollar level for capitalizing assets. Also the appraisal needs to be updated on a regular basis. He also noted that the appraisal does not include land and infrastructure items. This is important to have in place for GASB34. It was also noted that the City does not have an accounting procedure's manual. This also would be helpful to be used with GASB34. The City also needs to put together a formal cash flow forecasting document, which could be in effect from one year and up to 5 years. He also suggested that the City needs a fire safe location to store back-up computer data. It was noted that it had been purchased. MPI/Grande Reserve Concept Plan-Art Zwemke gave the presentation for MPI-Grande Reserve. The property consists of 1127 acres. The property borders Oswego to the East. The school district for the property would be Yorkville. Fox Metro sanitary district supports the property east of Bristol Ridge Rd and Yorkville Bristol Sanitary maintains west of Bristol Ridge Rd. The developer is looking at dividing the property into"neighborhoods". The neighborhoods would eliminate the square look to the properties. It would give the area a more homey, intimate look. Within the neighborhoods, there would be a number of different styles, being single family detached, attached single family, and apartments. A portion of the property would be set aside for a new school facility. Alderman Sticka showed concern with some of the heavier density neighborhoods with smaller sized lots. He also showed concern with trail access. Alderman Burd noted that when the City has made the exception of smaller lots, they usually back up to open or green space. Mayor Prochaska would like to see lots no smaller than 12,000 sq. feet lots without having to"tweak". Alderman Sticka showed concern with the minimal size of Commercial area? He also wanted to know if the City would be responsible for the open areas. Alderman Besco had concern with the possible location of the school, with regards to the railroad tracks. He noted that the majority of the school age children would be located on one side of the railroad tracks and the school would be on the Page 2 of 2 other. Alderman Kot was concerned with the school property located next to the railroad tracks. The Public Hearing for this project will be held on October 9th at the Beecher Center. Old Business: Northgate Annexation Agreement-The developer would like to lock in on the current City bonding and security ordinance. Staff didn't seem to think that would be an issue. The developer would also like to pay some of their fees up-front. It was noted that the final plat must be approved and in place. There was other minor language changes that Attorney Kramer will get made and then redistributed to the alderman by Friday. The developer is also planning on using rolled curbs and place sidewalks in the residential area. This item will be placed on the September 24 council agenda. Parking Ordinance-When new snow falls and there is an accumulation of 2 inches or more, parking along the streets will be prohibited. There was some discussion with regards to ban parking along the streets from 8 PM to 6 AM. or parking on one side of the street. This item is to be placed on the September 24 council agenda. Compensatory Storage Ordinance-Mr. Wywrot requested information from Pete Wailers of E.E.I. to help identify parameters for storm-water related benefits that could be proposed in exchange for meeting the 1.5 compensatory storage requirements. Alderman Kot suggested to be sure that the language could be understood by all and not open to interpretation. This item is to be placed on the September 24 council agenda. New Business: Approval of IDOT Audit Report&G.O. Bond Issue for Initial Audit Period-The Audit Report has been received and was acceptable from IDOT. This item is to be placed on the September 24 council agenda. Additional Business: Alderman Burd received a call from Kay Hatcher. Information was to have been faxed to the City with regards to a meeting located at Waubonsee Aurora Campus. The meeting was regarding to the annual Ameritech grants. Alderman noted that a meeting would be held at the County Administration Building with regards to the jail. Alderman Spears raised a question with about the resolution for the weather warning system with regards to the fee structure. Alderman Spears stated corrections are needed to the generic website. Treasurer Allen questioned Attorney Kramer with regards to the NRI and a US Department of Agriculture platting report. Mayor Prochaska received a copy of the Eldamain Rd. proposal from the Kendall County Highway Department. The meeting adjourned at 9:55 PM. Respectfully submitted by Cindy Green. Page 1 of 7 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE DRAFT NOVEMBER 5, 2002 7:30 P.M. MEMBERS PRESENT: Mayor Art Prochaska Alderman Larry Kot Alderwoman Rose Spears Alderman Richard Sticka Alderman Joe Besco Alderwoman Val Burd Alderman Mike Anderson CITY STAFF PRESENT: City Administrator Tony Graff Public Works Director Eric Dhuse Police Chief Harold Martin Director of Parks&Recreation Brown Attorney Dan Kramer GUESTS: See attached list. OLD BUSINESS Refinancing of Municipal Building The refinancing of City Hall to a fixed rate loan with the addition of expansion costs was discussed. The Council expressed its concern regarding increasing the debt at a previous Committee of the Whole (COW) meeting. Administrator Graff explained that some developers have been approached to up front their municipal building fee ($150.00/unit) which could then be used toward the renovation. This eliminates the need to borrow the funds. He stated that one developer,MPI, has already committed to up front funds in the amount of approximately $300,000.00. Kevin McCanna discussed with the Council that it is the opportune time to refinance the building. He discussed that the City should go to local banks first and investigate if they are interested in the refinancing. He explained that they may not be interested in twenty- year financing because they usually want a shorter term but they should still be approached. If they are not interested,there are security firms that can then be approached. The Council and Mr. McCanna discussed the debt certificate, interest rates, the necessity to refinance in the current calendar year, future loans and being bank qualified. Mr. McCanna clarified that the debt certificates don't change the security but lengthen it. He asked the Council if they agreed that he should proceed with the refinancing. The consensus of the Council was to proceed. This item was placed on the City Council meeting agenda for December 10, 2002. Heartland Circle—Annexation Agreement Administrator Graff discussed changes to the agreement: • Page 4, 3e—the words"per linear designed streets"were added Page2of7 • Page 4, 4b—item deleted. • Page 10, 2—the work"approval"was deleted. • Page 10, 3 —the word"approved"was changed to"recommended". • Page 14—new language concerning the regional sanitary sewer was added. The 10/31/02 revision states "...the Developer agrees to a one time contribution...." City Attorney Kramer proposed that this be changed to "...agrees to pay its proportionate share of the estimated total preliminary engineering for the entire service area tributary to the proposed Regional Sanitary Sewer and Pump Station." • Page 7, d. —the length for inspection and acceptance was increased to forty-five days per City Engineer Joe Wywrot's recommendation. • Page 6, b—the period for re-inspection was changed from ten to thirty days. Mr. Graff noted the developer is in agreement with the Land/Cash formula recommended by the Park Board and is paying the $3,000.00 transition fee on all the acreage even though 20 acres has already been annexed under the old fee. The Council further discussed the Regional Sanitary Sewer with Mr. Marker,the developer. Mr. Marker clarified that he approved the change which could increase his contribution more than the $50,000.00 stated in the original agreement. He expressed his desire to have input into the project and Mayor Prochaska explained that Yorkville has no authority over the project because it fell under the jurisdiction of the Yorkville-Bristol Sanitary District (YBSD). The Council discussed a letter from Doris Dick regarding the Heartland Circle traffic study. In her letter she mentions Smith Engineering's review of Metro Transportation Group, Inc.'s study. Smith Engineering sent a letter dated October 7, 2002 regarding this to City Engineer Joe Wywrot. Administrator Graff noted that the letter did not cross Mr. Wywrot's desk but was given directly to the Deputy Clerk for Plan Commission packets. Since then, Mr. Wywrot did forward a copy to the letter to Metro Transportation Group. Mr. Marker stated Metro Transportation has submitted a written response to Mr. Wywrot. Mr. Graff stated that he would have Mr. Wywrot review the information and respond back to Mrs. Dick. He also noted that language has been added to the agreement regarding construction traffic. The Council further discussed the traffic study and the developer went over the response that Metro Transportation sent to Mr. Wywrot. The Council expressed the desire to see Metro Transportation's response in writing for their review. Mr. Graff stated that the Council would receive clean copies of the agreement before the City Council meeting. This item was placed on the November 12, 2002 City Council meeting agenda. Coach Road Hills Amended PUD Agreement Mr. Graff requested that this item be tabled until the November 19, 2002 COW meeting. Page 3 of 7 Letters of Credit Resolution Attorney Kramer stated that this has been reviewed by the Public Works Committee and Mr. Wywrot suggested final language. Attorney Kramer recommended that it be placed on the City Council agenda. There were no comments or questions regarding the resolution. This item was placed on the November 12, 2002 City Council meeting agenda. Williams Architects Contract for City Hall/PoIice Department This was discussed at the October 1, 2002 COW. Mr. Graff stated that Attorney Kramer has reviewed the contract and there are a few minor changes. There is $100,000.00 in the Municipal Building Fund that can be used to begin the architectural design work. The Council discussed obtaining the funds for the project from developers. Mr. Graff stated that the Council would receive a clean copy before the next City Council meeting. This item was placed on the November 12, 2002 City Council meeting agenda. Compensatory Storage Ordinance This item was reviewed by the Public Works Committee and they recommended the 1.5:1 ratio for riverine floodplains. The Committee discussed that allowing for modification of the ratio invites anyone building next to a stream to petition for modification. Mr. Graff stated that the modifications were recommended by Conservation Design Forum(the City's environmental consultant)because modifications may benefit or enhance a natural area. They may also protect and preserve natural areas. The Council discussed variances, other counties requirements, the City staff's lack of experience to recommend modifications, Engineering Enterprise's(EEI)review of modification, etc. After much discussion Attorney Kramer strongly recommended the October 22, 2002 version of the ordinance because it reflects the input of Conservation Design Forum and EEI. The Council expressed the desire to see EEI's recommendation in writing before the next City Council meeting. Alderman Anderson noted that the City hired these firms for their expertise. He stated that EEI, Conservation Design Forum and the City Attorney have recommended the 10/22/02 version of the contract and the Council should trust their expert opinions and place the ordinance on the next City Council agenda. Mayor Prochaska recommended getting a memo from EEI and moving forward. This item was placed on the November 12, 2002 City Council meeting agenda. NEW BUSINESS PC 2002-21 701 N. Bridge Street—Nadine Gauer—Rezone from R-2 to B-1 Alderman Sticka stated that the rezoning was approved by both the Plan Commission and the Economic Development Committee. He recommended that this be sent on to the City Council meeting. There were no other comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Page 4 of 7 PC 2002-22 Carrvilla—Kirt & Pat Carr— 1 '/2 Mile Review of a Kendall County Special Use Permit for a Dog Kennel Alderman Sticka stated that the Special Use Permit was approved by both the Plan Commission and the Economic Development Committee. He recommended that this be sent on to the City Council meeting. There were no other comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. August 2002 Building Permit Reports There were no questions or comments on the August 2002 Building Permit Reports. This item was placed on the November 12, 2002 City Council meeting agenda. Beecher Rental Policy (Checking Account) Executive Director of Parks and Recreation Laura Brown reported that this item was recommended by the Park Board and reviewed by the City Attorney. The policy will consolidate the checking accounts. There were no comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Northern Illinois University Community Survey Ms. Brown stated that this survey is necessary for park master planning. It will also help with the pool study. The Park Board approved the agreement and has identified existing funds. There were no comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Joint Policy Statement for the Executive Director of Park& Recreation The Park Board approved the statement. Alderman Kot commented that he felt that the Director's evaluation should include the City Administrator along with the Park& Recreation Board and the Mayor. He pointed out that the Park Board and mayoral positions are subject to change and he felt that someone should be involved with the process who is employed on a full-time basis. The Council discussed this and Alderman Anderson felt that too many individuals are involved in the evaluation process. Mayor Prochaska stated that he thought it was to be a designated member of the Park Board not all of them. Administrator Graff noted that the labor attorney suggested that this policy should be an exhibit to the ordinance creating the position and not part of the job description. Alderwoman Spears asked Ms. Brown if in her previous positions, the reviewing process was this difficult. Ms. Brown stated no and explained that she was reviewed by either the City or County Administrator even though there were Park Boards in those situations. Mayor Prochaska noted that the policy had been modified by the Park Board since it was discussed by the Ad Hoc Committee. It was suggested that the Council's Page 5 of 7 recommendation regarding a designated member of the Park Board along with the Mayor evaluate the director be presented to the Park Board at their November 11, 2002 meeting. If the Park Board is in agreement with the new wording, this item will be placed on the November 26, 2002 City Council meeting agenda. Elevated Water Storage Tank— Change Order#1 Alderman Kot reported that the Change Order does not involve a change in the dollar amount but is pushing the completion date back one month. The project has been delayed because the City was unable to obtain the title to the tower site until just recently. There were no comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Sale of Used Public Works Equipment Alderman Kot reported that there are two old police squad cars and a 1990 GMC one ton dump truck that are no longer needed. The Public Works Committee recommended that Public Works Director Dhuse put them up for bid. There were no comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. York Meadows Letter of Credit Reduction #1 Alderman Kot reported that City Engineer Joe Wywrot has recommended an$118,122.30 reduction to the Letter of Credit. This is a different amount than requested by the developer. Mr. Wywrot found that the original Letter of Credit was mistakenly established for 100% of the estimated cost of Phase 1 rather that 110%. Also,the developer started Phase 2 without establishing a second Letter of Credit. His calculations include the correct percent and the Phase 2 costs. The remaining Letter of Credit amount will be $99,036.70. The Public Works Committee approved Mr. Wywrot's recommendation. There were no comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Coach Road Hills—EEI Engineering Review Services Engineering Enterprises, Inc. (EEI) has submitted a proposal to perform engineering services for the development. The work will be invoiced at an hourly rate and the developer is in agreement with this. Mayor Prochaska questioned Attorney Kramer if this item needed a City Council vote and he recommended a voted because the firm will be hired on a case-to-case basis for this type of review. Mr. Graff noted that a check point of$100,000.00 has been established; if the services are going to be more than $100,000.00 they have to be approved by him. He stated that EEI is comfortable with this clause. There were no further comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Page 6 of 7 Grande Reserve Subdivision—EEI Engineering Review Services This is the same as the above item. There were no further comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Water Tower Easement Resolution (Galena-Yrokville) City Attorney Kramer noted that the resolution is to approve the acceptance of the dedication of the easement and is being done in order to make it easier for the City Staff to track. There were no further comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. Ordinance Authorizing the Execution of the IMLRMA Minimum/Maximum Contribution Agreement The Mayor noted that the City's liability insurance is due. Mr. Graff noted that if the City pays this by November 20, 2002, it will receive a 2% discount and the amount will be $96,589.00 instead of$104,203.00. This is within budget. There were no further comments or questions. This item was placed on the November 12, 2002 City Council meeting agenda. ADDITIONAL BUSINESS CorLands Lease Attorney Kramer reported that the City received a revised lease from CorLands. They made the revision requested by the Mayor concerning prorating the lease if it is paid off early. He recommended that this be placed on the November 12,2002 City Council meeting agenda. Kylyn's Crossing Attorney Kramer reported that he went over their annexation agreement and found that the language regarding paying for development fees was crossed out. Mr. Graff noted that they had the wrong fee in the agreement and were to revise it to the correct fee. Attorney Kramer stated that he corrected the agreement to indicate that the city development fees are $1200.00. Mayor Prochaska asked the Council if they would consider putting this agreement on the November 12, 2002 City Council meeting agenda. They agreed. September 2002 Police Reports Alderman Anderson asked that the September 2002 Police Reports be placed on the November 12, 2002 agenda. There was no objection to this. Building Code Alderman Kot noted that there is a loop hole in the Building Code that allows unusual looking buildings to be built. He asked if the Façade Committee could review the Page 7 of 7 requests for unusual looking buildings. The building in question was a garage that was built to code but its architecture does not fit the neighborhood. The Council discussed establishing architectural standards or zoning that addresses accessory buildings. This item was sent to the Economic Development Committee for further discussion. There was no further additional business. The meeting was adjourned at 9:10 P.M. Minutes submitted by Cindy Green and transcribed by Jackie Milschewski, City Clerk CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF JANUARY AS OF JANUARY 31, 2003 FUND BALANCE REVENUE 'EXPENSE TRANSFER BALANCE General 1,213,970.09 545,596.86 499,967.44 0.00 1,259,599.51 Water 404,673.82 79,461.42 59,704.36 0.00 424,430.88 Wtr Impry Exp 2,653,462.17 22,639.01 4,010.85 0.00 2,672,090.33 Motor Fuel 245,251.61 15,127.29 9,636.32 0.00 250,742.58 Mun. Bldg. 93,041.23 3,450.00 2,837.98 0.00 93,653.25 Sewer Maint. (86,359.40) 34,272.69 22,059.95 0.00 (74,146.66) Sanitary Sewer 866,218.65 44,827.50 13,377.93 0.00 897,668.22 Land Cash 292,918.83 13,175.00 1,185.00 0.00 304,908.83 Land Aquistion 74,137.00 0.00 14,251.46 0.00 59,885.54 Working Cash 112,970.91 126.62 0.00 0.00 113,097.53 South Sewer 10,673.50 0.00 0.00 0.00 10,673.50 Trust &Agency (227,438.04) 167,130.88 278,445.81 0.00 (338,752.97) Debt Service (7,365.85) 9,104.11 47,495.58 ` 0.00 (45,757.32) PD Capital 9,765.99 3,550.00 1,470.00 0.00 11,845.99 PW Capital 43,591.58 10,350.00 18,378.60 0.00 35,562.98 Fox Indus. 82,134.81 53.49 0.00 0.00 82,188.30 TOTAL 5,781,646.90 948,864.87 972,821.28 0.00 5,757,690.49 7 1 Nva Robert J. Allen Treasurer 02/19/2003 15:09 FAX 630 553 5764 DANIEL J. KRAMER i 002/005 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2003- AN ORDINANCE AMENDING TITLE 3, CHAPTER 3 ARTICLE 4 SECTION (B)OF THE LIQUOR CONTROL ORDINANCE OF THE UNITED CITY OF YORKVILLE TO ALLOW SAMPLING AND/OR TASTING OF ALCOHOLIC LIQUORS BY CLASS A LIQUOR LICENSE HOLDERS WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have considered modification and amendment to Title 3, Chapter 3, Article 4, Section (B) of the City Code providing for liquor control within the limits of the UNITED CITY OF YORKVILLE; and WHEREAS,hearings have been held before the City Council and Public Safety Committee,due consideration given by the City Council sitting as a Committee of the Whole, and by the City Council and Staff of the City regulating the sale of alcohol within City limits; and WHEREAS the City has determined it to be in the best interests of the community and its economy, as well as for the benefit of the current and future license holders and amend the Uses Permitted provision of the Liquor Ordinance to allow the sampling and/or tasting of beer and wine by Class A Liquor License Holders; and WHEREAS,the purpose of restricting the types of activities which may occur on the premises of a liquor license holder in the City, is to prevent any secondary effect these activities may have on the community as a whole, including but not limited to,crime,disorderly conduct and juvenile delinquency; and 1 02/19/2003 15:09 FAX 630 553 5764 DANIEL J. KRAMER Z003/005 NOW THEREFORE be it Ordained by the UNITED CITY OF YORKVILLE that Title 3, Chapter 3, Article 4, Section(B) of the City Code is Amended to include the following paragraph: I. Section 3-3-4(B) shall be amended to add the following paragraph: A holder of a class Al through A4 license may furthermore be permitted to allow the sampling and/or tasting of the products being sold subject to the following restrictions: a. The administration of such sampling and/or tasting shall be done under the supervision of a department manager or facility manager; and the actual serving shall be done only by a person over the age of 21 years; and b. The sampling and/or tasting,consumption, or possession of any alcoholic liquor by any person under the age of 21 years is strictly prohibited, and the server of such sample and/or taste will bear the responsibility of enforcing such prohibition; and c. The sampling and/or tasting may not be offered more than two times a week and shall not exceed six hours for each day of such sampling and/or tasting; and d. Sampling and/or tasting must occur in a single designated location, multiple locations are strictly prohibited; and e. The samples and/or tastes shall be limited to beer and wine only and the sampling of any alcoholic liquors other than beer and wine shall be strictly prohibited; and 2 02/19/2003 15: 09 FAX 630 553 5764 DANIEL J. KRAMER Z004/005 e. The samples and/or tastes shall be limited to two ounces or less of beer and/or wine; and f. The number of products to be sampled or tasted on any one day shall be limited to three or less. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. EFFECTIVE DATE: This ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law, IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2003. PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,Illinois, this day of ,A.D. 2003. MAYOR 3 02/19/2003 15:09 FAX 630 553 5764 DANIEL J. KRAMER 0 005/005 PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of , A.D. 2003. Attest: CITY CLERK This Document Prepared by: Law Offices of Daniel I Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630-553-9500 4 02/19/2003 15:09 FAX 830 553 5764 DANIEL J. KRAMER Z001/005 LAW OFFICES OF Daniel J. Kramer 1107A SOUTH BRIDGE STREET DANIEL J.KRAMER YORKVILLE,ILLINOIS 60560 JILL K.KONEN (630)553-9500 KELLY A.KRAMER Fax:(630)553-5764 FAX COVER SHEET DATE: February 19, 2003 TO: Liz RE: Ordinance Amending Title 3 NO: 553.7575 FROM: Daniel J. Kramer NUMBER OF PAGES (INCLUDING THIS PAGE): 5 • For your information ❑ Please sign and return o For your review ❑ Please keep in a safe place O Please call me after review 0 Please pay invoice directly D Per our discussion ❑ Please file ❑ For your file ❑ Please record ❑ Per your request COMMENTS: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN TI IIS ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE UNITED S'T'ATES POSTAL SERVICE. THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL (630) 553-9500 FOR YOUR CONVENIENCE IN TRANSMITTING TO US, OUR FAX NUMBER IS: (630)553-5764 02/21/2003 10:07 FAX 630 553 5764 QANIEL J. KRAMER (1003/003 RESOLUTION NO.: 03- RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT MAINTENANCE PLAN AND STANDARDS 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 Park and Recreation Department Maintenance Plan and Standards; and WHEREAS,the Mayor and the City Council of THE UNITED CITY OF YORK.VLLLE deem it in the best interest of the City to promote a uniform maintenance plan and standards for the City Park and Recreation Department; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE have carefully considered said Plan and Standards 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 approves the United City of Yorkville Park and Recreation Department Maintenance Plan and Standards, and the accompanying narrative text, charts and summary to be used as the Park and Recreation Department Maintenance Plan and Standards until further review or modification by the United City of Yorkville Park Board and City Council. PASSED AND APPROVED this day of , 2003. MAYOR ATTEST: CITY CLERK Law Offices of Daniel J.Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630.553.9500 COUNTY OF KENDALL ) )ss STATE OF ILLINOIS ) RESOLUTION NO.2003- RESOLUTION APPROVING THE REVISED JOB DESCRIPTION FOR THE POSITION OF PROGRAM SUPERVISOR FOR THE PARKS AND RECREATION DEPARTMENT WHEREAS,it is important for the UNITED CITY OFYORKVILLE to maintain job descriptions for the various positions within the CITY,and WHEREAS,a revised job description has been recommended for the position of Program Supervisor, and has been reviewed,and approved by the City Council. NOW THEREFORE,upon motion duly made,seconded,and approved by a majority of those voting,be it resolved that the attached job description incorporated herein by preference for the position of Program Supervisor be adopted. REPEALER: All ordinances,resolutions or orders,or parts thereof,in conflict with the provisions of this ordinance are to the extent of such conflict hereby repealed, and this resolution shall be in full force and effect forthwith upon its adoption. PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois, this day of ,A.D. 2003. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois, this day of ,A.D. 2003. CITY CLERK Page 1 of I programsupervis.desc.FINAL 6-25-02 Yorkville Parks&Recreation Department Program Supervisor Job Description Department: Recreation Reports to: Superintendent of Recreation Status: Full Time;-nen— Positions Supervised: Instructors/Volunteers/Coaches Position Description Overview Under the supervision of the Superintendent of Recreation, the Program Supervisor is responsible for assisting with the organization, operation and supervision of all recreation facilities, programs, participants and seasonal/contractual instructors, volunteers and coaches under their jurisdiction. The Program Supervisor shall represent the recreation department at meetings and in other situations, as assigned in the absence of the Superintendent of Recreation, as it relates to recreation. Essential Job Functions 1. Assist with the planning and organization of recreation programs and special events. 2. Create and maintain the seasonal quarterly catalog for programs and events. 3. Managing security procedures; opening and closing of all facilities; including shared facilites with Yorkville School District 115 and other organizations as needed. 4. . • • - - • .. . _ : programs and special events, including recruitment of seasonal staff, inventory and purchasing of recreation equipment. 5. Assist in the moving, lifting, coordination and inventory of facility and program equipment. 6. Directly supervise and monitor recreation programs and events during daily, after school hours, evenings and weekends. 7, recreation instructors, • a?? volunteers and coaches during activities, programs and special events. 8. Provide instructor payment reports, pre/post reports, pertaining to programs, facilities and :o :.iu: instructor evaluation. 1 programsupervis.desc.FINAL 6-25-02 9. Assist in registration for programs and rental of facilities when needed, maintaining confidentiality of personal information received from patrons. 10. Oversee the recording of data pertaining to recreation programs and operation for quarterly reporting. 11. •_ . . • - ••u • instructors/coaches and referees quarterly for activities and league events. 12. Assist in the preparation of the annual "activity calendar" pertaining to hours and usage of the Yorkville School District's facilities and other organizations as needed. 13. a Volunteer Recongnition Program including recruitment and awards given on an annual basis. 14 May regularly be required to lift and/or move up to 10 pounds; frequently lift and/or move up to 25 pounds, and occasionally lift and/or move up to 50 pounds. 15. Perform other duties and functions as directed by the Superintendent of Recreation. 16. Basic Requirements - Knowledge, Skills, and Abilities 1. Must posses the knowledge and ability to organize and supervise coaches, instructors, and volunteers as it relates to recreation curriculum. 2. Will have the ability to resolve problems and mediate when necessary. 3. Will have strong adminstrative skills, experience in training and supervision. 4. Must establish and maintain good relationships with community, school district and administration. 5. Work record, references shows reliability, initihative, tact and productivity. tic E;' ., .e 1 � .•: �i� _> 6. Will have the ability to calculate utilizing basic math skills. 7. Will have the ability to administer and supervise computer programming, networking and overall telecommunications. 8. Has the ability to schedule and implement duties in a effective and efficient manner. 9. Possess good communication and writing skills, trustworthiness, and a will to work. 2 programsupervis.desc.FINAL 6-25-02 10. Will have working knowledge of the park and recreation system. 11. Must maintain a valid driver's license and abide by the Park and Recreation Board vehicle policy and the City of Yorkville's vehicle policy. 12. Must comply with all rules, policies, regulations and procedures related to the City of Yorkville's employee manual. Minimum Preferred Experience and Education Bachelor's degree in Recreation Programming, Physical Education, Leisure Services or other related field from a college or university. • (experience) preferred. 2. Must have experience in computer skills; data entry, registration software, publisher software and word processing, RecTrac preferred. 3. Must have outstanding communication skills, must be highly organized and motivated. 4. Must have successfully completed a background investigation with findings of good character and no felony convictions. The duties listed above are intended only as illustrations of the various types of work that may be performed. 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. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. 3 UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Guidelines for requesting a Grant The Grant request process is intended to include participants / families who need financial assistance in order to take part in the United City of Yorkville Park and Recreation Department recreation and leisure programs only. All the funds for Grants are obtained through donations received from local community groups, individuals or businesses. Each year the amount available may fluctuate based on the amounts received. Grants are only available for residents of the City of Yorkville. (There may be some arrangements with other community partners or special programs funded through grants, which includes participants outside the United City of Yorkville, call in advance to inquire about the arrangement of the programs you are interested in). The UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT awards Grants to participants/families who have completed the GRANT APPLICATION PRIOR to the start date of the program. All Grants are awarded based on the date received. Grants will not be awarded after the program start date without the approval of the Executive Director. GENERAL GRANTS A Grant request is made per season for a maximum of 2 programs, and for 50% of the program fee. Other arrangements for payment schedules or partial payment programs can be arranged if needed. All payments must be made at the conclusion of the program season, in order to be eligible for the next registration session. General program Grants are not available for vacation or overnight weekend trips. For all Grant requests, staff may require additional information to support the Grant application before an award is made. All program conduct guidelines must be adhered to while participating with the programs. UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Grant Application Fill out completely: Participant Name: Address: City: State Zip code Home Phone: Email: Parent or Guardian's Name: Participant or Guardian's place of employment: Work Phone: Annual household Income: # of people supported by this income Does participant receive: Public Aid ( ) DCFS ( ) Green Card # Social Security ( ) Unemployment ( ) Please explain any extenuating circumstances to consider Programs for which you are requesting a grant. Limit of 2 programs or special events per season. Vacation and weekend trips are not eligible for a grant. If a Grant is not awarded, I would like to make partial payments Yes ( ) No ( ) Program Grant Program Name Number Fee Amount Requested (limit 50%) The information I have provided is true and correct. I further understand that there are limited available funds, and not every Grant request will be granted. I understand that I may be identified as a recipient of Grant funds for fund-raising purposes only. Signature Date: 02/21/2003 10: 06 FAX 630 553 5764 DANIEL J. KRAMER Il 002/003 RESOLUTION NO.: 03- RESOLUTION APPROVING THE UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT GOALS AND STANDARDS FOR 2002-2003 WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE after careful consideration deem it to be in the b est interest oft he City and the C ommunity t o approve the Park and Recreation Department Goals and Standards for 2002-2003; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE find that the implementation of the Yorkville Park and Recreation Department Goals and Standards for 2002-2003 will facilitate efficiency and enhance the quality of the Yorkville Park and Recreation Department; and WHEREAS, the Mayor and the City Council of THE UNITED CITY OF YORKVILLE have carefully considered said Plan and Standards 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 C ity hereby a pproves the U nited City of Yorkville Park and Recreation Department Goals and Standards for 2002-2003 until further review or modification by the United City of Yorkville Park and Recreation Department and City Council. • PASSED AND APPROVED this day of ,2003. MAYOR ATTEST: CITY CLERK Law Offices of Daniel J.Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630.553.9500 AGREEMENT This Agreement is made and entered into this day of February, 2003, by and between the United City of Yorkville ("City"), and Yorkville Bristol Sanitary District ("District"), (collectively"the Parties"). RECITALS 1. WHEREAS, the City's uses raw water from deep wells as a source of municipal drinking water, and this raw water contains naturally occurring radium; and 2. WHEREAS, the City intends to treat the raw water to remove radium in order to meet applicable standards governing drinking water; and 3. WHEREAS, the City seeks to discharge wastewater in connection with its treatment of raw water to the District; and 4. WHEREAS, the District's sludge currently contains radionucleides and is subject to applicable laws governing disposal; and 5. WHEREAS, the concentration of radionucleides in the District's sludge may be increased as a result of the City's discharge of wastewater; and 6. WHEREAS, the District's sludge is currently capable of being land applied; and 7. WHEREAS, an increase in the concentration of radionucleides may impact said land application; and 8. WHEREAS, the District may therefore incur increased costs as a result of the City's discharge of wastewater from the proposed radium treatment systems; and 9. WHEREAS, the District and the City seek to agree to the terms by which to allow the City to discharge its wastewater to the District and allow the District to recoup its increase any associated increase in costs; WHEREFORE, in consideration of the mutual promises, covenants and releases contained herein and for other valuable consideration, the sufficiency of which is hereby expressly acknowledged, IT IS AGREED THAT 1. The District agrees to accept wastewater from the City's treatment of radium as required by applicable law to meet drinking water standards. • 2. The City will indemnify the District for costs of disposing of sludge from the wastewater discharged by the City to the District. To fulfill this requirement, the District may elect to continue to dispose of sludge and in the event the District so elects, the City will reimburse the District for such costs; or the District may contract with the City for sludge removal at no cost to the District. In the event the District elects to continue to dispose of sludge, the District may itself award the contract by a request for proposal, or the City and the District will mutually agree upon a contractor for sludge disposal at the cost of the City. 3. On the terms and subject to the conditions of this Agreement, the City shall indemnify, defend,protect and hold harmless the District from and against any and all claims, demands, causes of action, injunctive relief, liabilities, damages, losses, penalties, fines, forfeitures,judgments and expenses (including, without limitation, attorney fees, consultant fees and expert fees) (collectively"Claims") that shall be asserted against or incurred by the District by reason of and to the extent any Claims shall arise from the City's discharge of radium in wastewater to the District. 4. In the event any Claim that may be subject to this Indemnity Agreement becomes known to the District, the District shall promptly notify the City. The District agrees that any action to respond to Claims under paragraph 2 and 3 of this Indemnity Agreement shall be developed and implemented in cooperation with the City. 5. This Agreement shall not apply to any Claim incurred by the District as a result of affirmative actions of the District, to the extent that such actions cause or exacerbate any conditions resulting from the City's discharge of wastewater containing radium. 6. The City and the District agree that they will not make any claims against each other for any of the acts contemplated by this Agreement, and that they will release,waive, and discharge any and all claims, counterclaims, and defenses, known or unknown, that they may have against the other relating to, or arising from, the facts which form the basis of the Agreement. The releases set forth above do not release, diminish, discharge or affect the obligations of the Parties under the terms of this Agreement. 7. This Agreement is binding upon and inures to the benefit of each Party to this Agreement and to all officers, directors, employees, beneficiaries, administrators, agents, servants, attorneys, other representatives, insurers, shareholders, partners, principals, affiliates, subsidiary corporations, successors, assigns, and heirs of each Party to this Agreement. This Agreement may not be assigned or transferred by any Party under any circumstances, except upon the prior written consent of all Parties. 8. Any notice required or desired to be given hereunder shall, unless otherwise specified, be sufficient if in writing and personally delivered or sent by certified mail, return receipt requested, and sent via facsimile, as follows: 9. If to United City of Yorkville, to: Mr. Anton Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 2 10. If to Yorkville Bristol Sanitary District, to: Ralph E. Pfister Executive Director Yorkville-Bristol Sanitary District 304 River Street P.O. Box 27 Yorkville, IL 60560 or to such other address as the addressee may have specified in a notice fully given to the sender as provided herein. 11. Each of the undersigned warrants that he or she has full right, title, power and authority to execute this Agreement. 12. Each of the undersigned warrants and represents that he or she has read this Agreement, and each has, either personally or through his or her attorney or attorneys, fully investigated to his or her full satisfaction the facts surrounding the various claims, controversies, and disputes, and understands the terms of this Agreement. 13. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable laws, but if any provision of this Agreement shall be held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. 14. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof, supersedes any and all prior written or oral agreements between or among the Parties, and may not be modified in any manner, except by an instrument in writing signed by the Parties. 15. This Agreement may be simultaneously executed in two or more counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute a single agreement. 16. Exchange of signatures by facsimile shall be satisfactory execution to make this Agreement valid and enforceable. 3 17. This Agreement will be governed by the laws of the State of Illinois. AGREED AND ACCEPTED: United City of Yorkville Yorkville Bristol Sanitary District By: By: Title: Title: CH02/22220545.3 4 UNITED CITY OF YORKVILLE To: Tony Graff, City Administrato From: Joe Wywrot, City Engineer Subject: Grande Reserve—Regional Waterworks'Improvements Date: February 21, 2003 Attached find a proposal from Engineering Enterprises, Inc. to design and provide construction inspection for the major waterworks improvements related to the Grande Reserve development. These improvements are: • A 1,500,000 gallon elevated water tower. • Two deep wells, each capable of pumping 1000 GPM. • A Cation exchange plant to treat the water from the two new wells. • An offsite watermain along Galena Road to connect to our new water tower at Route 47 & Galena. • An offsite watermain and pressure reducing station along Route 34 to connect to the existing watermain at Route 34 & Countryside Parkway. The contract amount for design is $436,300. The contract amount for construction inspection services is $306,800. Both of these are fixed fees, but may be revised if additional services are required. All of these engineering fees are to be paid by the developer of Grande Reserve. We have been meeting regularly with the Grande Reserve developer regarding these improvements as well as other aspects of the development. They have agreed to have these major improvements designs by EEI. They would then contract to have the work constructed, with EEI providing construction inspection. Please place this item on the February 25, 2003 City Council agenda for approval. Cc: Dan Kramer, City Attorney UNITED CITY OF YORKVILLE AGREEMENTGOF SSIONAL ENGINEERING SERVICES This Agreement, made this day of , 20 , by and between the United City of Yorkville, Kendall County, Illinois, hereafter referred to as the OWNER, and Engineering Enterprises, Inc., Sugar Grove, Illinois hereinafter referred to as the ENGINEER: The OWNER intends to construct Water Works System Improvements in Kane County, State of Illinois and for which the ENGINEER agrees to perform the various professional engineering services for the design and construction of said improvements. The OWNER intends to construct the improvements as follows: the Northeast Elevated Water Storage Tank; Water Well No. 8 (deep sandstone); Water Well No. 9 (deep sandstone); the Wells No. 8 and 9 Well House and Treatment Facility; the approximately 9,500 LF of finished water main along Galena Road; and the approximately 6,200 LF of finished water main and the pressure reducing valve station along Route 34. WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A-PROFESSIONAL DESIGN ENGINEERING SERVICES The ENGINEER shall furnish professional design engineering services as follows: 1. The ENGINEER will attend conferences with the OWNER, or other interested parties as may be reasonably necessary. 2. The ENGINEER will perform the necessary design surveys, accomplish the detailed design of the project, prepare construction drawings, specifications and contract documents, and prepare a final cost estimate based on the final design for the entire system. It is also understood that if subsurface explorations (such as borings, soil tests, rock soundings and the like) are required, the ENGINEER will furnish coordination of said explorations without additional charge, but the costs incident to such explorations shall be paid for by the OWNER as set out in Section D hereof. 3. The contract documents furnished by the ENGINEER under Section A-2 shall utilize IEPA endorsed construction contract documents, including Supplemental General Conditions, Contract Change Orders, and partial payment estimates. 1 • UNITED CITY OF YORKVILLE SECTION A—PROFESSIONAL DESIGN ENGINEERING SERVICES, CONT'D 4. Prior to the request for bids, the ENGINEER will provide for each construction contract, not to exceed 10 copies of detailed drawings, specifications, and contract documents for use by the OWNER, appropriate Federal, State, and local agencies from whom approval of the project must be obtained. The cost of such drawings, specifications, and contract documents shall be included in the basic compensation paid to the ENGINEER. 5. The ENGINEER will furnish additional copies of the drawings, specifications and contract documents as required by prospective bidders, material suppliers, and other interested parties, but may charge them for the reasonable cost of such copies. Upon award of each contract, the ENGINEER will furnish to the OWNER five sets of the drawings, specifications and contract documents for execution. The cost of these sets shall be included in the basic compensation paid to the ENGINEER. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER. 6. The drawings prepared by the ENGINEER under the provisions of Section A-2 above shall be in sufficient detail to permit the actual location of the proposed improvements on the ground. The ENGINEER shall prepare and furnish to the OWNER without any additional compensation, three copies of map(s) showing the general location of needed construction easements and permanent easements and the land to be acquired. Property surveys, property plats, property descriptions, abstracting and negotiations for land rights shall be accomplished by the OWNER, unless the OWNER requests, and the ENGINEER agrees to provide those services. In the event the ENGINEER is requested to provide such services, the ENGINEER shall be additionally compensated as set out in Section D hereof. 7. The ENGINEER will review the qualifications of the selected contractor, and make recommendations for awarding contracts for construction. 8. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. 9. The ENGINEER will complete the final plans, specifications and contract documents and submit for approval of the OWNER, and all State regulatory agencies to meet the proiect schedule(s) as summarized in Attachment A: "Schedule-Water Works System Improvements" dated February 18, 2003. 2 UNITED CITY OF YORKVILLE SECTION A—PROFESSIONAL DESIGN ENGINEERING SERVICES, CONT'D If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. SECTION B -PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES The ENGINEER shall furnish professional construction engineering services as follows: 1. The ENGINEER will review, for conformance with the design concept, shop and working drawings required by the construction Contract Documents and indicate on the drawings the action taken. Such action shall be taken with reasonable promptness. 2. The ENGINEER will interpret the intent of the drawings and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 3. The ENGINEER will evaluate and determine acceptability of substitute materials and equipment proposed by Contractor(s). 4. The ENGINEER will establish baselines for locating the work together with a suitable number of bench marks adjacent to the work as shown in the contract documents. 5. The ENGINEER will provide general engineering review of the work of the Contractor(s) as construction progresses to ascertain that the Contractor is conforming with the design concept. (a) ENGINEER shall have authority, as the OWNER's representative, to require special inspection of or testing of the work, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with requirements of, and the results certified indicate compliance with, the Contract Documents). (b) During such engineering review, ENGINEER shall have the authority, as the OWNER's representative, to disapprove of or reject Contractor(s)' work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 3 UNITED CITY OF YORKVILLE SECTION B—PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES, CONT'D 6. The ENGINEER will provide resident construction observation. Resident construction observation shall consist of visual inspection of materials, equipment, or construction work for the purpose of ascertaining that the work is in substantial conformance with the contract documents and with the design intent. Such observation shall not be relied upon by others as acceptance of the work. The ENGINEER's undertaking hereunder shall not relieve the Contractor of Contractor's obligation to perform the work in conformity with the drawings and specifications and in a workmanlike manner; shall not make the ENGINEER an insurer of the Contractor's performance; and shall not impose upon the ENGINEER any obligation to see that the work is performed in a safe manner. Attachment 1 - The Limitations of Authority, Duties and Responsibilities of the Resident Construction Observer is attached to this Agreement. 7. The ENGINEER will cooperate and work closely with representatives of the OWNER. 8. Based on the ENGINEER's on-site observations as an experienced and qualified design professional, on information provided by the Resident Construction Observer, and upon review of applications for payment with the accompanying data and schedules by the Contractor, the ENGINEER: (a) Shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts. Such recommendations of payment will constitute a representation to OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon substantial completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation). (b) By recommending any payment, ENGINEER will not hereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to ENGINEER in the Agreement and the Contract Documents. ENGINEER's review of Contractor(s)' work for the purposes of recommending payments will not impose on Engineer responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto or Contractor(s)compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials equipment has passed to OWNER free and clear of any lien, claims, 4 UNITED CITY OF YORKVILLE SECTION B—PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES, CONT'D security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 9. The ENGINEER will prepare necessary contract change orders for approval of the OWNER, and others on a timely basis. 10. The ENGINEER will make a final review prior to the issuance of the statement of substantial completion of all construction and submit a written report to the OWNER. Prior to submitting the final pay estimate, the ENGINEER shall submit the statement of completion to and obtain the written acceptance of the facility from the OWNER. 11. The ENGINEER will provide the OWNER with one set of reproducible record (as-built) drawings, and two sets of prints at no additional cost to the OWNER. Such drawings will be based upon construction records provided by the contractor during construction and reviewed by the resident construction observer and from the resident construction observer's construction data. 12. If State Statutes require notices and advertisements of final payment, the ENGINEER shall assist in their preparation. 13. The ENGINEER will be available to furnish engineering services and consultations necessary to correct unforeseen project operation difficulties for a period of one year after the date of statement of substantial completion of the facility. This service will include instruction of the OWNER in initial project operation and maintenance but will not include supervision of normal operation of the system. Such consultation and advice shall be at the hourly rates as described in the attached "Standard Schedule of Charges", dated January 1, 2003. The ENGINEER will assist the OWNER in performing a review of the project during the 11th month after the date of the certificate of substantial completion. 14. The ENGINEER further agrees to obtain and maintain, at the ENGINEER's expense, such insurance as will protect the ENGINEER from claims under the Workman's Compensation Act and such comprehensive general liability insurance as will protect the OWNER and the ENGINEER from all claims for bodily injury, death, or property damage which may arise from the performance by the ENGINEER or by the ENGINEER's employees of the ENGINEER's functions and services required under this Agreement. 15. The ENGINEER will provide construction engineering services in accordance with the periods summarized in Attachment A: "Schedule -Water Works System Improvements" dated February 18, 2003. 5 UNITED CITY OF YORKVILLE SECTION B—PROFESSIONAL CONSTRUCTION ENGINEERING SERVICES, CONT'D If the above is not accomplished within the time period specified, this Agreement may be terminated by the OWNER. The time for completion may be extended by the OWNER for a reasonable time if completion is delayed due to unforeseeable cases beyond the control and without the fault or negligence of the ENGINEER. SECTION C—COMPENSATION FOR ENGINEERING SERVICES 1. The OWNER shall compensate the ENGINEER for professional design engineering services in the amount of Four Hundred Thirty Six Thousand Three Hundred and 00/100 - Fixed Fee (FF) Dollars ($ 436,300 FF ). (a) The compensation for the professional design engineering services shall be payable as follows: (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-1 shall be paid in monthly increments for work actually completed and invoiced, for the preparation and submission to the OWNER and/or IEPA of the construction drawings, specifications, cost estimates and contract documents. (2) A sum which, together with the compensation paid pursuant to Section C-1(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-1 above, shall be due immediately after the award of construction contract(s) is approved by the corporate authorities. (3) The ENGINEER recognizes that the OWNER will be obtaining the funding for this project from a separate party whom is not included as a party to this contract. Therefore, the ENGINEER recognizes if sufficient funds have not been provided to the OWNER to cover the fees that have be incurred, upon written notice the ENGINEER will halt progress of the work until sufficient funds have been obtained and a subsequent written notice to proceed has been issued. 2. The OWNER shall compensate the ENGINEER for professional construction engineering services in the amount of Three Hundred Six Thousand Eight Hundred and 00/100 — Fixed Fee (FF) Dollars ($ 306,800 FF ). (a) The compensation for the professional construction engineering services shall be payable as follows: 6 UNITED CITY OF YORKVILLE SECTION C— COMPENSATION FOR ENGINEERING SERVICES, CONT'D (1) A sum which does not exceed ninety percent (90%) of the total compensation payable under Section C-2 shall be paid in monthly increments for work actually completed and invoiced, for the administration of the construction contracts. (2) A sum which, together with the compensation paid pursuant to Section C-2(a)(1) above, equals one hundred percent (100%) of the total compensation due and payable in accord with Section C-2 above, shall be due immediately after the final Contractor pay-out is processed. (3) The ENGINEER recognizes that the OWNER will be obtaining the funding for this project from a separate party whom is not included as party to this contract. Therefore, the ENGINEER recognizes if sufficient funds have not been provided to the OWNER to cover the fees that have be incurred, upon written notice the ENGINEER will halt progress of the work until sufficient funds have been obtained and a subsequent written notice to proceed has been issued. 3. The compensation for any additional engineering services authorized by the OWNER pursuant to Section D shall be payable as follows: (a) A sum which equals any charges for work actually completed and invoiced shall be paid at least once per month. SECTION D—ADDITIONAL ENGINEERING SERVICES In addition to the foregoing being performed, the following services may be provided UPON PRIOR WRITTEN AUTHORIZATION OF THE OWNER. 1. Site surveys for existing water treatment plants, sewage treatment works, dams, reservoirs, and other similar special surveys as may be required. 2. Laboratory tests, well tests, borings, specialized geological soils hydraulic, or other studies recommended by the ENGINEER. 3. Property surveys, detailed description of sites, maps, drawings, or estimates related thereto; assistance in negotiating for land and easement rights. 4. Necessary data and filing maps for litigation, such as condemnation. 7 UNITED CITY OF YORKVILLE SECTION D—ADDITIONAL ENGINEERING SERVICES, CONT'D 5. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER and IEPA. 6. Appearances before courts or boards on matters of litigation or hearings related to the project. 7. Preparation of environmental impact assessments or environmental impact statements. 8. Making drawings from field measurements of existing facilities when required for planning additions or alterations thereto. 9. Services due to changes in the scope of the Project or its design, including but not limited to, changes in size, complexity, schedule or character of construction. 10. Revising studies or reports which have previously been approved by the OWNER, or when revisions are due to cases beyond the control of the ENGINEER. 11. Preparation of design documents for alternate bids where major changes require additional documents. 12. Preparation of detailed renderings, exhibits or scale models for the Project. 13. Providing special analysis of the OWNER's needs such as owning and operating analysis, plan for operation and maintenance, OWNER's special operating drawings or charts, and any other similar analysis. 14. The preparation of feasibility studies, appraisals and evaluations, detailed quantity surveys of material and labor, and material audits or inventories by the OWNER. 15. Additional or extended services during construction made necessary by (1)work damaged by fire or other cause during construction, (2) defective or incomplete work of the Contractor, and/or (3) the Contractor's default on the Construction Contract due to delinquency or insolvency. 16. Providing design services relating to future facilities, systems and equipment which are not intended to be constructed or operated as a part of the Project. 17. Providing other services not otherwise provided for in this Agreement, including services normally furnished by the OWNER as described in Section F—SPECIAL PROVISIONS—Owner's Responsibilities. 8 UNITED CITY OF YORKVILLE SECTION D—ADDITIONAL ENGINEERING SERVICES, CONT'D Payment for the services specified in this Section D shall be as agreed in writing between the OWNER and the ENGINEER prior to commencement of the work. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, once each month, for compensation for services performed hereunder during such period, the same to be due and payable by OWNER to the ENGINEER on or before the 10th day of the following period. Payment for services noted in D shall be at Actual Cost (AC), Fixed Fee (FF) or Hourly (HR). SECTION E - INTEREST ON UNPAID SUMS OWNER shall make all payments to ENGINEER in accord with the requirements of the Illinois Local Government Prompt Payment Act, 50 ILCS 505/1 et seq., including but not limited to the penalty provisions contained therein. SECTION F -SPECIAL PROVISIONS 1. OWNER'S RESPONSIBILITIES (a) Provide to the ENGINEER all criteria, design and construction standards and full information as to the OWNER's requirements for the Project. (b) Designate a person authorized to act as the OWNER's representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER's policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of the ENGINEER's services. (c) Furnish laboratory tests, air and water pollution tests, reports and inspections of samples, materials or other items required by law or by governmental authorities having jurisdiction over this Project, or as recommended by the ENGINEER. (d) Provide legal, accounting, right-of-way acquisition and insurance counseling services necessary for the Project, legal review of the construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the Contractor. (e) Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement and in accordance with the Project timetable. 9 UNITED CITY OF YORKVILLE SECTION F—SPECIAL PROVISIONS, CONT'D (f) In the event that the OWNER shall bring any suit, cause of action or counterclaim against the ENGINEER, to the extent that the ENGINEER shall prevail, the party initiating such action shall pay to the ENGINEER the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the ENGINEER indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. (g) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. (h) Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any defect in the Project or other event which may substantially affect the ENGINEER's performance of services under this Agreement. (i) Protect and preserve all survey stakes and markers placed at the project site prior to the assumption of this responsibility by the Contractor and bear all costs of replacing stakes or markers damaged or removed during said time interval. 2. All original documents, including but not limited to ideas, designs, drawings and specifications, are to remain the property of the ENGINEER, however, the ENGINEER shall provide signed duplicate originals of same to the OWNER. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. 3. Delegation of Duties - Neither the OWNER nor the ENGINEER shall delegate his duties under this Agreement without the written consent of the other. 4. Extent of Agreement - This Agreement represents the entire and integrated Agreement between the OWNER and the ENGINEER and supersedes all prior negotiations, representations or agreement, either written or oral. This Agreement may be amended only by written instrument signed by the OWNER and the ENGINEER. 5. Governing Law - Unless otherwise specified within this Agreement, this Agreement shall be governed by the law of the principal place of business of the ENGINEER. 6. In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties. 10 UNITED CITY OF YORKVILLE SECTION F—SPECIAL PROVISIONS, CONT'D 7. The ENGINEER has not been retained or compensated to provide design services relating to the Contractor's safety precautions or to means, methods, techniques, sequences, or procedures required by the Contractor to perform his work but not relating to the final or completed structure; omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 8. Limitation of Liability - The OWNER understands that for the compensation herein provided ENGINEER cannot expose itself to liabilities disproportionate to the nature and scope of ENGINEER's services or the compensation payable to it hereunder. Therefore, the OWNER agrees to limit ENGINEER's liability to the OWNER arising from ENGINEER's professional acts, errors or omissions, such that the total aggregate liability of ENGINEER shall not exceed $1,000,000. 9. The ENGINEER intends to render his services under this Agreement in accordance with generally accepted professional practices for the intended use of the Project. 10. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Costs and Construction Costs provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the ENGINEER cannot and does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost prepared by him. If prior to the bidding or negotiating phase OWNER wishes greater assurance as to project or construction costs he shall employ an independent cost estimator. 11. TERMINATION (a) Should the OWNER decide to abandon, discontinue, or terminate the Project at any stage of development, the ENGINEER shall receive seven (7) days written notice and be compensated for their services through the appropriate fee schedule provided for in the Agreement to date of abandonment, discontinuance or termination. (b) In the event the project is delayed for causes beyond the control of the ENGINEER for a period of six months or more, the ENGINEER shall be paid for his services to the beginning of the delay on the basis of actual cost plus 125% to cover profit, overhead and readiness to serve - "actual cost" being defined as material costs plus actual payrolls, insurance, social security and retirement deductions. Traveling and other out-of-pocket expense will be reimbursed to the ENGINEER at his actual cost. 11 • UNITED CITY OF YORKVILLE IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below. (SEAL) OWNER: United City of Yorkville By ATTEST Print Name Art Prochaska Print Name Jackie Milschewski Title Mayor Title City Clerk Date (SEAL) ENGINEER: Engineering Enterprises, Inc. By ATTEST Print Name Peter G. Wailers, P.E. Print Name Jeffrey W. Freeman, P.E. Title Senior Vice President Title Project Manager Date G:\PUBLIC\Yorkville\2003\Y003_North East Elevated Water Storage Tank\Doc\Contract\agreement.doc 12 ATTACHMENT A: SCHEDULE-WA.LR WORKS SYSTEM IMPROVEMENTS 2/18/03 United City of Yorkville,Kendall Co.,IL CONTR. 2003 2004 - NO. PROJECT(S) WORK ITEMS MAMJJ ASONDJF MAMJ J AS E.1 Northeast Elevated Water Storage Design Tank IEPA Plan ReviewMIN.6........ ...H. Bidding and Contracting Construction E.2 Well No.8 Design OE 111M _ IEPA Plan Review Bidding and Contracting Construction E.3 Well No.9 Design 1.011166.,. - IEPA Plan Review Bidding and Contracting Construction E.4 Wells No.8 and 9 Well House Design and Treatment Facility IEPA Plan Review Bidding and Contracting Construction 111.1%NOMINNINEN E.5 Galena Road Finished Water Main Design I • Easement Negotiation IEPA Plan Review Bidding and Contracting Construction E.6 Route 34 Finished Water Main Design i and PRV Station Easement Negotiation IEPA Plan Review Bidding and Contracting -111111TIIIIIIIIIINMNIN. _ • Construction G:\PUBLIC\Yorkville\2003\YO03_North East Elevated Water Storage Tank\Doc\Contract\ISchedule.xls]Contract Schedule LEGEND Notes LDesign -Assumes a notice to proceed will be issued no later than March 1,2003 Agency Review -Design initiation assumes that the site geometry and proposed topography is available. I fix, i Easement Negotiation -Construction initiation assumes all required off-site easements are received. Bidding and Contracting -The Elevated Water Storage Facility construction schedule assumes the last 2-3 months is within an appropriate 10 Construction period of time to paint the structure. Enylneerinu -The schedule assumes the Bidding and Contracting will be coordinated by the developer of the Grande Reserve Subdivision Enterprisers. Inc. UNITED CITY OF YORKVILLE ATTACHMENT 1 to Agreement for Professional Engineering Services THE LIMITATIONS OF AUTHORITY, DUTIES AND RESPONSIBILITIES OF THE RESIDENT CONSTRUCTION OBSERVER ARE AS FOLLOWS: 1. The Resident Construction Observer shall act under the direct supervision of the ENGINEER, shall be the ENGINEER's agent in all matters relating to on-site construction review of the Contractor's work, shall communicate only with the ENGINEER and the Contractor (or Contractors), and shall communicate with subcontractors only through the Contractor or his authorized superintendent. The OWNER shall communicate with the Resident Construction Observer only through the ENGINEER. 2. The Resident Construction Observer shall review and inspect on-site construction activities of the Contractor relating to portions of the Project designed and specified by the Engineer as contained in the Construction Contract Documents. 3. Specifically omitted from the Resident Construction Observer's duties are any review of the Contractor's safety precautions, or the means, methods, sequences, or procedures required for the Contractor to perform the work but not relating to the final or completed Project. Omitted design or review services include but are not limited to shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. 4. The specific duties and responsibilities of the Resident Construction Observer are enumerated as follows: (a) Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by Contractor and consult with ENGINEER concerning their acceptability. (b) Conferences: Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings and maintain and circulate copies of minutes thereof. (c) Liason: (1) Serve as ENGINEER's liaison with Contractor, working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. 1 UNITED CITY OF YORKVILLE ATTACHMENT 1— CONT'D (2) Assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on-site operations. (3) As requested by ENGINEER, assist in obtaining from OWNER additional details or information, when required at the job site for proper erection of the work. (d) Shop Drawings and Samples: (1) Receive and record date of receipt of Shop Drawings and samples. (2) Receive samples which are furnished at the site by Contractor, and notify ENGINEER of their availability for examination. (3) Advise ENGINEER and Contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. (e) Review of Work, Rejection of Defective Work, Inspections and Tests: (1) Conduct on-site inspection of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. (2) Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for inspection, or requires special testing, inspection or approval. (3) Verify that tests, equipment and systems start-ups, and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that Contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and start-ups. 2 • UNITED CITY OF YORKVILLE ATTACHMENT 1— CONT'D (4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and report to ENGINEER. (f) Interpretation of Contract Documents: Transmit to Contractor ENGINEER's clarifications and interpretations of the Contract Documents. (g) Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. (h) Records: (1) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. (2) Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies to ENGINEER. (3) Record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. (i) Reports: (1) Furnish ENGINEER periodic reports as required of progress of the work and Contractor's compliance with the approved progress schedule and schedule of Shop Drawing submissions. (2) Consult with ENGINEER in advance of schedule major tests, inspections or start of important phases of the work. (3) Report immediately to ENGINEER upon the occurrence of any accident. 3 ' UNITED CITY OF YORKVILLE ATTACHMENT 1—CONT'D (j) Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. (k) Certificates, Maintenance and Operating Manuals: During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. (I) Completion: (1) Before ENGINEER issues a Statement of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. (2) Conduct final review in the company of ENGINEER, OWNER and Contractor and prepare a final list of items to be completed or corrected. (3) Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. G:\PUBLIC\Yorkville\2003\Y003_North East Elevated Water Storage Tank\Doc\Contract\agreement.doc 4 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 FAX: 630/466-9380 www.eeiweb.com STANDARD SCHEDULE OF CHARGES Engineisring January 1, 2003 Entsrprlsss. Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $120.00 Senior Project Manager E-2 $111.00 Project Manager E-1 $102.00 Senior Project Engineer/Surveyor P-5 $ 93.00 Project Engineer/Surveyor P-4 $ 84.00 Senior Engineer/Surveyor P-3 $ 75.00 Engineer/Surveyor P-2 $ 66.00 Associate Engineer/Surveyor P-1 $ 57.00 Senior Project Technician T-5 $ 84.00 Project Technician T-4 $ 75.00 Senior Technician T-3 $ 66.00 Technician T-2 $ 57.00 Associate Technician T-1 $ 48.00 Secretary A-3 $ 57.00 VEHICLES, EQUIPMENT AND REPROGRAPHICS Vehicle for Construction Observation VEH $ 10.00 Global Positioning System Equipment GPS $ 25.00 Scanning ($1.50 per Sheet) SCA N/A Reproduction ($1.50 per Sheet) REP N/A G:\EEI\DOCS\FORMS\GENERAL\STADS0103.DOC Consulting Engineers Speciallzing in Civil Engineering and Land Surveying Personnel, Positions & Classifications James K.Michels,P.E. E-3 Timothy V.Weidner,E.I. P-4 President Project Engineer Peter G.Wailers,P.E. E-3 Michele L.Daly,E.I. P-4 Senior Vice President Project Engineer David R.Burroughs,P.E. E-3 Gregory A.Chambers 1-5 Vice President Senior Project Technician(Field) Ronald G.Naylor,P.E. E-2 Steven Gozner,Ill T-5 Senior Project Manager Senior Project Technician(CAD) John T.Whitehouse,P.E.,P.L.S. E-2 David S.Stewart T-5 Senior Project Manager Senior Project Technician(Field) Bradley P.Sanderson,P.E. E-1 William C.Pierson T-4 Project Manager Project Technician(CAD) Jeffrey W.Freeman,P.E. E-1 C.Larry Nolan T-4 Project Manager Project Technician(CAD) Scott A.Swanson E-1 Randall L.Long T-4 Computer Aided Drafting& Project Technician(Field) Information Systems Manager Kristopher K.Pung T-4 Timothy P.Farrell,P.E. P-5 Project Technician(CAD) Senior Project Engineer/Environmental Daniel R.Breisch T-4 George R.Burgess,P.L.S. P-5 Senior Technician(CAD) Senior Project Surveyor Ryan M.Christoffel T-3 Jeremey T.Lay,E.I. P-5 Senior Technician(Field) Senior Project Engineer/Environmental Joshua M.Boatman T-3 Timothy N.Paulson,P.E. P-5 Senior Technician(Field) Senior Project Engineer Thomas A.Ness 1-3 Kevin S.Bomstad,P.E. P-5 Senior Technician(Field) Senior Project Engineer Denise M.Migliorini A-3 Andrew R.Deitchman,P.E. P-5 Administrative Assistant Senior Project Engineer/Environmental Denise M.Thelander A-3 Mark G.Scheller,S.I. P4 Accounting Assistant Project Surveyor Angela R.Ford A-3 Christopher E.Peterson,S.I. P-4 Secretary Project Surveyor Dawn M.Tillman A-3 Jed R.Davis,E.I. P-4 Secretary Project Engineer Nicole A.Morris A-3 Julie A.Morrison,E.I. P-4 Accounting Assistant Project Engineer Bobbi M.Erdmann A-3 Yifang Lu,E.I. P-4 Marketing Director Project Engineer Angela D.McCoy A-3 Darrin P.Schertz P-4 Accounting Assistant Project Engineer East Dundee,Illinois David A.Kamano,E.I. P-4 Project Engineer Mark C.Weber,P.L.S. P-5 Senior Project Surveyor Brian R.Valleskey P-4 Project Hydrologist Robert C.Watts T-5 Senior Project Technician(Field) Jason M.Bauer,E.1. P-4 Project Engineer Brent D.Keil 1-5 Senior Project Technician(Field) Travis A.Carroll T-3 Senior Technician(Field) LEGEND: P.E.=Professional Engineer Stacy L.Nilsen A-3 P.L.S.=Professional Land Surveyor Office Manager E.I.=Engineer Intern S.I.=Surveyor Intern E=Executive P=Professional T=Technical A=Administrative TM*F' 11/25/02 WATER WORKS SYSTEM IMPROVEMENTS FOR GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall Co., IL Pre-Construction Deadline Summary WORK ITEM COMPLETED BY 1. Notice To Proceed March 1, 2003 March 1, 2003 2. Receive Lot Geometry and Topography (Existing and Proposed) of Site(s) From Developer March 3, 2003 3. Receive Concurrence From City On Site Selection March 5, 2003 4. Review Preliminary Site Plan(s) March 7, 2003 5. Submit Front-End Docs For City/Developer Review (E.1 — E.3) March 14, 2003 6. Receive Front-End Documents Comments From Developer and City (E.1 — E.3) March 21, 2003 7. Prepare/Review Site/Drainage/Erosion Control Plans(E.W.S.T. 8. Well No. 8, and Well No. 8 WH &TF Site and Well No. 9 Site) March 21, 2003 9. Finalize Construction Access To Site(s) March 21, 2003 10. Review 75% Complete Contract Documents (E.1, E.2, E.3) March 21, 2003 11. Review Architectural Requirements With City (E.4) March 21, 2003 12. Confirm Method Of Ownership Transition For Sites March 28, 2003 13. Review Permit Submittal With City (E.1, E.2, E.3) March 28, 2003 14. Permit Submittal (E.1, E.2, E.3) March 31, 2003 15. City Selects Building Elevation (E.4) April 11, 2003 16. Meet With City To Review 75% Complete Plans (E.5, E.6) May 9, 2003 17. Easement Discussion Negotiation Initiation (E.5, E.6) May 9, 2003 18. Submit Front-End Docs. For Developer/City Review(E.4—E.6) May 9, 2003 19. Meet With City To Review 75% Complete Plans (E.4) May 16, 2003 20. Receive Front-End Documents Comments From Developer and City (E.4—E.6) May 23, 2003 21. Developer coordinates permit application with Fox Metro WRD (E.4) May 23, 2003 22. Integrate IEPA's Comments Into Contr. Documents (E.1, E.2, E.3) May 30, 2003 23. Prepare Engineer's Estimate (E.1, E.2, E.3) May 30, 2003 24. Review Permit Submittal With City (E.4, E.5, E.6) May 30, 2003 25. Permit Submittal City (E.4, E.5, E.6) May 30, 2003 26. Developer Conducts Bidding Contracting (E.1, E.2, E.3) June 20, 2003 27. City and EEI Review Selected Contractor's Qualifications June 25, 2003 28. Pre-construction Meeting (E.1, E.2, E.3) June 27, 2003 29. Finalize easements (E.4, E.5, E.6) June 30, 2003 30. Construction Initiation (E.1, E.2, E.3) July 1, 2003 31. Integrate IEPA's Comments Into Contr. Documents (E.4, E.5, E.6) July 18, 2003 32. Prepare Engineer's Estimate (E.4, E.5, E.6) July 31, 2003 33. Developer Conducts Bidding Contracting (E.4, E.5, E.6) August 22, 2003 34. City and EEI Review Selected Contr's. Qualifications (E.4, E.5, E.6) August 27, 2003 35. Pre-construction Meeting (E.4, E.5, E.6) August 29, 2003 36. Construction Initiation (E.4, E.5, E.6) September 1, 2003 ENGINEERING ENTERPRISES,INC. G'.\PUBLIC\Yorkville\2003\Y003_North East Elevated Water Storage Tank\Doc\Deadline Summary.doc SUGAR GROVE, IL ELEVATED WATER STORAGE TANK WORK ITEM LIST AND SCHEDULE United City of Yorkville, Kendall County, IL p WORK ITEM t COMPLETED BY iriP tQE{ 61i C�r:0i,y 6f0r' r 0 t0:01 _,e a a F'> S 2) Receive concurrence from City on site selection 3/05/03 3) Prepare preliminary site plan 3/07/03 4) Review design parameters (confirm size) 3/07/03 5) Review site information (geometry, topo, aerials, site visits, etc.) 3/07/03 6) Create schedule of drawings 3/07/03 7) Conduct soil borings 3/14/03 8) Submit"front-end" documents to City and developer for review and comments 3/14/03 9) Determine construction access route to site 3/21/03 9IFT—e0nre*rrbnt oficr;:*000g:Cr ilftkOt fmrrt ktOtAiCetc>pp ; ftf` ' 3 ( 11) Meet with City to review 75% complete plans 3/21/03 12) Prepare Special Provisions and Technical Specifications 3/28/03 13) Prepare Project Manual including Bid Schedule 3/28/03 14) Prepare IEPA Public Water Supply permit applications 3/28/03 15) Prepare FAA permit applications 3/28/03 16) Submit Contract Documents and permit applications to IEPA/FAA 3/28/03 17) Confirm method of ownership transfer of municipal sites 3/28/03 18) Determine legal surveying requirements 3/28/03 19) Prepare legal surveying documents (if necessary) 4/25/03 20) Receive comments from IEPA review 5/30/03 21) Meet with City to discuss Contract Documents 5/30/03 22) Integrate IEPA and City comments into Contract Documents 5/30/03 23) Final design modifications 5/30/03 24) Complete engineer's estimate of probable cost 5/30/03 25) Contract Documents complete 5/30/03 26) Secure easements (if required) 5/30/03 27IE-P3eve10 erc 0a Brrldi and or tra014e2 '$ ,riraNO ` 28) City and EEI review selected Contractor(s) qualifications 6/25/03 29) Conduct pre-construction meeting 6/27/03 30) Initiate construction 7/01/03 viper i:S: fiord% afe efectrreet sentry to sit0 : 1 . u; a2z=73/(1t1O3 32) Project complete* 5/31/04 Note: Developer is responsible for securing all environmental sign-offs and for providing stormwater management features. Indicates completion date weather dependant ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL \\EEINT\EEI-DOCS\PUBLIC\Yorkville12003\YO03_North East Elevated Water Storage Tank\Doc\elevatedtankworklist.doc WATER WELL NO. 8 WORK ITEM LIST AND SCHEDULE United City of Yorkville, Kendall County, IL WORK ITEM COMPLETED BY 1) Determine desired well yield Complete gtzIZL:61t*-ikkt91**:oh?*A,*10tAkitnW:d:k*OPA:6ZEfNfAfZ:nd;AitigL?PV4 3) Receive concurrence from City on site selection 3/05/03 4) Research similar well logs in the vicinity 3/07/03 5) Prepare preliminary site plan 3/07/03 6) Determine design grade elevation at well (USGS) 3/10/03 7) Determine anticipated geology/well stratigraphy 3/14/03 8) Determine design well depth 3/14/03 9) Determine design depth of surface casing 3/14/03 10) Determine design depth of long string casing 3/14/03 11) Determine design diameter of well 3/14/03 12) Determine design diameter of surface casing 3/14/03 13) Determine design diameter of long string casing 3/14/03 14) Determine anticipated static water level 3/14/03 15) Submit"front-end"documents to City and developer for review and comments 3/14/03 16) Prepare design schematic of well 3/19/03 17) Determine construction access route to site 3/21/03 18) Prepare water control program —drilling fluid, pump test, etc 3/21/03 19) Determine necessity/location of temporary supply well 3/21/03 20) Prepare Site/Drainage/Erosion Control Plan 3/21/03 21) Meet with City to review project parameters 3/21/03 ➢ Review method of drilling ➢ Discuss design methods of well development ➢ Determine allowable construction work hours 22).,Reeewe ront.encr documents comments from Crty and deveroP0r,11 y0IR1103 23) Prepare Special Conditions and Technical Specifications 3/28/03 24) Prepare details and exhibits 3/28/03 25) Prepare Contract Documents including Bid Schedule 3/28/03 26) Prepare IEPA Public Water Supply permit applications 3/28/03 27) Confirm method of ownership transfer of municipal sites 3/28/03 28) Submit Contract Documents and permit applications to IEPA 3/31/03 29) Receive comments from IEPA review 5/24/03 30) Meet with City to discuss Contract Documents 5/31/03 31) Integrate IEPA and City comments into Contract Documents 5/31/03 32) Prepare engineer's estimate of probable cost 5/31/03 ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL WATER WELL NO. 8 WORK ITEM LIST AND SCHEDULE (CONTINUED) United City of Yorkville, Kendall County, IL WORK ITEM COMPLETED BY 33) Contract Documents complete 6/01/03 34)` e eto O:40 s Btd .Od?ar#C44 tc cft T •E .. �.£ fftfi l f1 35) City and EEI review selected Contractor(s) qualifications 6/25/03 36) Conduct pre-construction meeting 6/27/03 37) Initiate construction 7/1/03 38) Conduct monthly construction progress meetings every month 39) Meet with City during critical path items as required > Depth of long string casing > Depth of well > Test pumping results > Well Disinfection 40) Project complete 9/30/03 41) Developer complete raw water main from Well No. 9 to Well No. 8 site 6/01/04 Note: Developer is responsible for securing all environmental sign-offs and for providing stormwater management features. ENGINEERING ENTERPRISES, INC. SUGAR GROVE, IL \\EEINT\EEI-DOCS\PUBLIC\Yorkville\2003\YO03_North East Elevated Water Storage Tank\Doc\wellno8worldist.doc WATER WELL NO. 9 WORK ITEM LIST AND SCHEDULE United City of Yorkville, Kendall County, IL WORK ITEM COMPLETED BY 1) Determine desired well yield Complete 2jf R cen!e Jot jer rrrei'ryand fopsAtlitrear? s t€ "e i_r r: ,` y '.nri ,31t7 3) Receive concurrence from City on site selection 3/05/03 4) Research similar well logs in the vicinity 3/07/03 5) Prepare preliminary site plan 3/07/03 6) Determine design grade elevation at well (USGS) 3/10/03 7) Determine anticipated geology/well stratigraphy 3/14/03 8) Determine design well depth 3/14/03 9) Determine design depth of surface casing 3/14/03 10) Determine design depth of long string casing 3/14/03 11) Determine design diameter of well 3/14/03 12) Determine design diameter of surface casing 3/14/03 13) Determine design diameter of long string casing 3/14/03 14) Determine anticipated static water level 3/14/03 15) Submit"front-end" documents to City and developer for review and comments 3/14/03 16) Prepare design schematic of well 3/19/03 17) Determine construction access route to site 3/21/03 18) Prepare water control program—drilling fluid, pump test, etc 3/21/03 19) Determine necessity/location of temporary supply well 3/21/03 20) Prepare Site/Drainage/Erosion Control Plan 3/21/03 21) Meet with City to review project parameters 3/21/03 > Review method of drilling > Discuss design methods of well development > Determine allowable construction work hours 22}..,t Receive`front-end"documents commentsfrom Ci4and,deve/okei_., C-521Q 23) Prepare Special Conditions and Technical Specifications 3/28/03 24) Prepare details and exhibits 3/28/03 25) Prepare Contract Documents including Bid Schedule 3/28/03 26) Prepare IEPA Public Water Supply permit applications 3/28/03 27) Confirm method of ownership transfer of municipal sites 3/28/03 28) Submit Contract Documents and permit applications to IEPA 3/31/03 29) Receive comments from IEPA review 5/24/03 30) Meet with City to discuss Contract Documents 5/31/03 31) Integrate TEPA and City comments into Contract Documents 5/31/03 32) Prepare engineer's estimate of probable cost 5/31/03 ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL WATER WELL NO. 9 WORK ITEM LIST AND SCHEDULE (CONTINUED) United City of Yorkville, Kendall County, IL WORK ITEM COMPLETED BY 33) Contract Documents complete 6/01/03 35) City and EEI review selected Contractor(s) qualifications 6/25/03 36) Conduct pre-construction meeting 6/27/03 37) Initiate construction 7/1/03 38) Conduct monthly construction progress meetings every month 39) Meet with City during critical path items as required ➢ Depth of long string casing ➢ Depth of well ➢ Test pumping results ➢ Well Disinfection 40) Project complete 9/30/03 41) Developer complete raw water main from Well No. 9 to Well No. 8 site 6/01/04 Note: Developer is responsible for securing all environmental sign-offs and for providing stormwater management features. ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL \\EEINT\EEI-DOCS\PUBLIC\Yorkville\2003W003. North East Elevated Water Storage Tank\Doc\wellno9worklist.doc WELLS NO. 8 AND 9 WATER TREATMENT FACILITY WORK ITEM LIST AND SCHEDULE United City of Yorkville, Kendall County, IL WORK ITEM COMPLETED BY f ?e a Ia geamefry.a r tOpu;e li,tk :6,0 c!Y O:i*d k M .. =., _ -. 2) Receive concurrence from City on site selection 3/05/03 3) Prepare preliminary site plan 3/07/03 4) Review design parameters (water quality and quantity, treatment process, etc.) 3/07/03 5) Review site information (geometry, topo, aerials, site visits, etc.) 3/14/03 6) Develop Basis of Design 3/21/03 7) Determine construction access route to site 3/21/03 8) Determine preliminary building dimensions/layouts 3/21/03 9) Prepare Site/Drainage/Erosion Control Plan 3/21/03 10) Meet with City to review project parameters 3/21/03 > Zoning, setbacks, building code, etc > Architectural requirements(building materials, general building elevations) > Design standards (water and sewer appurtenances standard manufacturers) > Select general building layout/floor plan 11) Gather required field work (if necessary) 3/28/03 12) Confirm method of ownership transfer of municipal sites 3/28/03 13) Integrate field work into CAD and validate existing information (if necessary) 4/04/03 14) Meet with City to review architectural requirements 4/11/03 > City selects building elevation > Vulnerability Assessment > Allowable construction work hours 15) Create schedule of drawings 4/11/03 16) Finalize building dimensions 4/18/03 17) Determine appropriate utility design/connections (water, wastewater, storm) 4/25/03 18) Further Develop Site/Drainage/Erosion Control Plan 4/25/03 19) Conduct soil borings 4/25/03 20) Determine wastewater constraints (min/max flow rates, lift station, etc.) 5/02/03 21) Conduct wastewater design calc's (surge tank dimension, pump capacity, etc.) 5/02/03 22) Prepare Piping and Instrumentation Diagram (P&ID) 5/02/03 23) Prepare Plan and Section drawings 5/09/03 24) Submit"front-end" documents to City and developer for review and comments 5/09/03 25) Complete Architectural and Structural Design 5/16/03 26) Complete Mechanical and Electrical Design 5/16/03 27) Integrate Arch., Struc., Mech., and Elec. Contract Documents 5/23/03 ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL WELLS NO. 8 AND 9 WATER TREATMENT FACILITY WORK ITEM LIST AND SCHEDULE (CONTINUED) United City of Yorkville, Kendall County, IL WORK ITEM COMPLETED BY 28) Prepare Special Conditions and Technical Specifications 5/23/03 i7ece v+ "fr n end„docurr�ei�ts carrrments framE and o era^` 1703 30) Prepare Project Manual including Bid Schedule 5/23/03 31) Prepare IEPA PWS and WPC permit applications 5/23/03 32) Developer coordinates permit applications with Fox Metro WRD 5/23/03 33) Submit Contract Documents and permit applications to IEPA and Building Dept. 5/30/03 34) Final QA/QC of Contract Documents complete 6/30/03 35) Receive comments from IEPA review 7/18/03 36) Meet with City to discuss Contract Documents 7/18/03 37) Integrate IEPA and City comments into Contract Documents 7/31/03 38) Final design modifications 7/31/03 39) Complete engineer's estimate of probable cost 7/31/03 40) Contract Documents complete 8/01/03 9IPa lu qpc W Bides G40c to £ 42) City and EEI review selected Contractor(s) qualifications 8/27/03 43) Conduct pre-construction meeting 8/29/03 44) Initiate construction 9/01/03 J 0efop ' cdi r ,100. 2:0 s r rk�I th ,she..,.. .. .. h , '16:--110,„„4 46) Conduct monthly construction progress meetings every month 47) Project complete 5/31/04 Note: Developer is responsible for securing all environmental sign-offs and for providing stormwater management features. ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL G:\PUBLIC\Yorkville\2003\Y003_North East Elevated Water Storage Tank\Doc\wellhouseworklist.doc GALENA AND ROUTE 34 WATERMAIN WORK ITEM LIST AND SCHEDULE United City of Yorkville, Kendall County, IL WORK ITEM COMPLETED BY 1) Review site information (geometry, aerials, site visits, etc.) 3/07/03 2) Review design parameters 3/07/03 3) Prepare preliminary layout 3/14/03 4) Review preliminary layout with City 3/21/03 5) Research property owners 3/21/03 6) Receive approval from property owners to perform topography 4/04/03 7) Perform topography 4/11/03 8) Create schedule of drawings 4/11/03 9) Determine legal surveying requirements 4/25/03 10) Meet with City to review 75% complete plans 5/09/03 11) Submit"front-end"documents to City and developer for review and comments 5/09/03 12) Prepare legal surveying documents (if necessary) 5/09/03 3 ._Receivefrarrt enc dr um ntcvmrnent ?rr rt, ar10eueTOpe >. zw ,Fi.i Nr4_w 1T/ 14) Prepare IEPA Public Water Supply permit applications 5/30/03 15) Meet with City to review 100% complete plans 5/30/03 16) Submit Engineering Plans and permit applications to IEPA 5/30/03 17) Submit Engineering Plans to Kendall County Highway Department 5/30/03 18) Prepare Special Provisions 6/13/03 19) Prepare Project Manual including Bid Schedule 6/13/03 20) Receive comments from IEPA review 7/31/03 21) Meet with City to discuss Contract Documents 7/31/03 22) Integrate IEPA and City comments into Contract Documents 7/31/03 23) Final design modifications 7/31/03 24) Complete engineer's estimate of probable cost 7/31/03 25) Contract Documents complete 7/31/03 26) Secure easements(if required) 7/31/03 27, L evotaper con ucts 8ids0g and Gnntractrng .. _ a T", f ,Y ri, 'i, 3 j x/21/03 28) City and EEI review selected Contractor(s) qualifications 8/29/03 29) Conduct pre-construction meeting 9/05/03 30) Initiate construction 9/19/03 31) Project complete 5/31/04 ENGINEERING ENTERPRISES,INC. SUGAR GROVE, IL \\EEINTEEI-DOCS\PUBLIC\Yorkville\2003\YO03_North East Elevated Water Storage Tank\Doc\watermainworklist.doc 2/18/03 WATER WORKS SYSTEM IMPROVEMENT PROJECTS - COST ESTIMATE GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall County, Illinois Estimated Contract Construction Number Project Cost E.1 Northeast Elevated Water Storage Tank (1,500,000 Gallons) $2,047,500 E.2 Well No. 8 $525,000 E.3 Well No. 9 $525,000 E.4 Wells No. 8 and 9 Well House and Treatment Facility(2,000 GPM Capacity) $2,625,000 E.5 Galena Road Finished Water Main $567,525 E.6 Route 34 Finished Water Main and PRV Station $439,845 Subtotal Contract B Construction Costs $6,729,870 Engineering (Design and Construction) $743,100 Legal and Legal Surveying $40,000 Soils and Material Testing $40,000 TOTAL IMPROVEMENT COSTS $7,552,970 G:\PUELIC\Yorkville12003\Y003_North East Elevated Water Storage Tank\Engqcost estimate.xls]Summary ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL Table No. 1: Cost Estimate For Elevated Water Storage Tank (E.1) GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall County, Illinois Item No. Item Amount 1 Elevated Water Storage Tank- 1,500,000 Gallons $1,900,000.00 (109 Feet To BCL, Includes Foundation And Painting) 2 Yard Piping And Site Work 50,000.00 Sub-total $1,950,000.00 Contingency(5%) 97,500.00 Total Estimated Cost Of Construction $2,047,500.00 G:IPUBLICWorkville120031YO03_North East Elevated Water Storage TanklEng[cost estimate.xtsjE.W.S.T. ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL Table No. 2: Cost Estimate for Well No. 8 (E.2) GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall County, Illinois Item No. Item Amount 1 1,000 GPM Deep Well Construction(casing, hole, grout,etc.) $ 400,000.00 Development(disinfection, testing, etc.) 100,000.00 Sub-total $ 500,000.00 Contingency(5%) 25,000.00 Total Estimated Cost Of Construction $ 525,000.00 G:1PU8LlClYarkville120031Y003 North East Elevated Water Storage Tank\Engllcost estirnate.xlsrWell No.8 ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL Table No. 3: Cost Estimate for Well No. 9 (E.3) GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall County, Illinois Item No. Item Amount 1 1,000 GPM Deep Wells Construction(casing, hole,grout,etc.) $ 400,000.00 Development(disinfection,testing,etc.) 100,000.00 Sub-total $ 500,000.00 Contingency(5%) 25,000.00 Total Estimated Cost Of Construction $ 525,000.00 G:\PUBLIC\Yorkville\2003\Y003_North East Elevated Water Storage Tank\Eng\jcost estimate.xls]Well No.9 ENGINEERING ENTERPRISES,INC, SUGAR GROVE,IL Table No.4: Cost Estimate for Wells No. 8 & 9 Well House &Treatment Facility(E.4) GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall County, Illinois Item No. Item Amount 1 1,000 GPM Deep Wells Equipment(Wells No. 8 and 9) Equipment(motor, pitless adapter, pump, etc.) 350,000.00 2 Well Houses And Treatment Building(78'x 26') Structures(buildings, surge and storage tanks, etc.) 650,000.00 Equipment(chem. feed, brine and ww pumps, etc.) 85,000.00 3 Treatment Equipment Cation Exchange Equipment(4-9 foot dia. units) 575,000.00 Piping 175,000.00 4 Yard Piping And Site Work Wells No. 8 and 9 Well House and Treatment Facility Site 190,000.00 Well No. 9 Site 35,000.00 5 Electrical Wells No.8 and 9 Well House and Treatment Facility Site 160,000.00 Well No. 9 Site 80,000.00 6 Emergency Generator 200,000.00 Sub-total $ 2,500,000.00 Contingency(5%) 125,000.00 Total Estimated Cost Of Construction $ 2,625,000.00 G:\PUBLIC\Yorkville\2003\YO03_North East Elevated Water Storage Tank\Engtjcost estimate.xls]Wells 889 WH&TF ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL Table No. 5: Cost Estimate For Offsite Watermain - Galena Road (E.5) GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall County, Illinois Item Unit No. Item Unit Quantity Cost Amount 1 Connection To Existing 12-Inch Water Main Each 1 $ 1,000.00 $ 1,000.00 2 Water Main, 16-Inch Class 52, D.I.P. Foot 9,500 37.00 351,500.00 3 Butterfly Valve&Valve Vault, 16-Inch(Resilient Seat)In A Each 11 4,000.00 44,000.00 60-Inch Vault 4 Fire Hydrant Assembly,6-Inch MJ Each 11 2,000.00 22,000.00 5 Ductile Iron Fittings Lump Sum 1 46,000.00 46,000.00 6 Watermain Testing-Pressure and Disinfection Lump Sum 1 16,000.00 16,000.00 7 Boring and Jacking Foot 200 250.00 50,000.00 8 Restoration Lump Sum 1 10,000.00 10,000.00 Sub-total $ 540,500.00 Contingency(5%) 27,025.00 Total Estimated Cost Of Construction $ 567,525.00 G:IPUBLIC\Yorkvitle120031Y003_North East Elevated Water Storage TanklEng\Lcost estimate.xls]Galena W.M. ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL Table No. 6: Cost Estimate For Offsite Watermain Route 34 And PRV Station (E.6) GRANDE RESERVE SUBDIVISION United City of Yorkville, Kendall County, Illinois Item Unit No. Item Unit Quantity Cost Amount 1 Connection To Existing 16-Inch Water Main Each 1 $ 1,500.00 $ 1,500.00 2 Water Main, 16-Inch Class 52, D.I.P. Foot 6,200 37.00 229,400.00 3 Butterfly Valve&Valve Vault, 16-Inch(Resilient Seat) In A Each 7 4,000.00 28,000.00 60-Inch Vault 4 Fire Hydrant Assembly,6-Inch MJ Each 7 2,000.00 14,000.00 5 Ductile Iron Fittings Lump Sum 1 30,000.00 30,000.00 6 Watermain Testing-Pressure and Disinfection Lump Sum 1 10,000.00 10,000.00 7 Restoration Lump Sum 1 6,000.00 6,000.00 8 PRV Station Lump Sum 1 100,000.00 100,000.00 Sub-total $ 418,900.00 Contingency(5%) 20,945.00 Total Estimated Cost Of Construction $ 439,845.00 G:lPUBLIC\Yorkville\2003\Y003_North East Elevated Water Storage TanklEng\jcost estimate.xlslRoute 34 W.M. ENGINEERING ENTERPRISES,INC. SUGAR GROVE,IL 02/24/2003 11 .21 FAX 630 553 5764 DANIEL J. KRAMER a 002/004 STATE OF ILLINIOIS ) )SS COUNTY OF KENDALL ) GIJAREN1rEE AND HOLD HARMLESS AGREEMENT FOR WATER WORKS SYSTEM IMPROVMENT THIS AGREEMENT is made and entered into this day of 2003, by and between THE UNITED CITY OF YORKVILLE, a Municipal Corporation, herein after referred to as"City", MPI Joint Venture, hereinafter referred to as "Owner/Developer", and Engineering Enterprises, Inc., an Illinois Corporation,herein referred to as "Engineer". WITNESSETH: WHEREAS, Owner/Developer is the owner of certain real estate situated adjacent to and contiguous with the existing corporate limits of the City, which real estate is the subject matter of a certain Annexation/Master Planned Unit Development Agreement Petition currently pending before the Corporate Authorities of the City; and WHEREAS, the Owner/Developer has requested permission from the City to enter upon certain real estate for the purpose of conducting tests and exploring for sites for possible water works system improvements for the City and which will service said development; and WHEREAS, the City has agreed to permit the Owner/Developer access to the real property conditioned,however, upon the Owner/Developer agreeing to hold City, its agents and assigns,harmless from any loss, liability or damages in connection with Owner/Developer testing, surveying, and other activities conducted on the real property. WHEREAS,the Owner/Developer has contracted with the Engineer on behalf of the City for the testing, design, and placement of said municipal water works system improvements. WHEREAS, the Owner/Developer has agreed to finance all testing, design and construction of said water works system improvements on behalf of the City; without recourse to the City, or any unconditional promise of the City to annex or approval of zoning as to its Petition to Annex and approve a Planned Unit Development. WHEREAS, the Owner/Developer, City and Engineer agree that all physical data,design layouts and plans, blue prints, surveys, reports and any other work product created by Engineer for said water system improvements shall be the property of the City. NOW, THEREFORE, in consideration of the sum of ONE AND NO/100THS ($1.00) DOLLAR and other good and valuable considerations,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 02/24/2003 11 .21 FAX 630 553 5764 DANIEL J. KRAMER 1/1003/004 1) The City herewith grants the Owner/Developer permission to enter upon the real property, described on Exhibit"A"attached hereto and made a part hereof, for the purpose of conducting tests,drilling test wells, surveying, construction and other activities incident to the Owner/Developer conducting exploration and construction of the water works system improvements for the City which will service said development. 2) The Owner/Developer and Engineer do hereby agree to and do hereby indemnify City against any damages to persons or property, including reasonable attorney's fees,caused by the activities of the Owner/Developer and Engineer, its agents, contractors and servants, in entering upon and conducting tests,drilling test wells, surveying and other activities in connection with Owner/Developer and Engineer's exploration and construction of said water works system improvement. 3) The Owner/Developer shall finance all cost incurred with Engineer in connection with said water works system improvements. Owner/Developer shall pay the specified initial deposit directly to Engineer, and continue to pay in advance the amount specified by Engineer for further development of said water works system improvements. 4) The Engineer hereby agrees to conduct studies and designs for said water works system improvements based upon the financing schedule of Developer/Owner, and will not continue operation of said project absent financing from developer. Furthermore, Engineer agrees and guarantees that in no way shall the City be required to incur any financial responsibility in association with said water works system improvements. 5) The Owner/Developer, City and Engineer agrees and guarantees that any reports, test results, concept plans, design plans and specifications, drawings and any other work product of the Engineer for said water works system improvement shall be the property of the City, and shall be turned over to the City upon the City's request. 6) The Owner/Developer, City and Engineer agree and guarantee that if Owner/Developer fails to complete said water works system improvements any and all work product of the Engineer created for said water works system improvements may be used by the City for the future development of the City's Water Works System, 7) No representation or Agreement has been concluded by the City guaranteeing the annexation or zoning of the real property of Owner/Developer. IN WITNESS WHEREOF the parties have executed this Agreement this day of , 2003, 02/24/2003 11 : 21 FAX 630 553 5764 DANIEL J. KRAMER l 004/004 THE UNITED CITY OF YORKVILLE BY: Mayor ATTEST: City Clerk APPROVED BY: OWNER/DEVELOPER: MPI JOINT VENTURE BY: DATED: ENGINEER: ENGINEERING ENTERPISES, INC., an Illinois Corporation BY: PRESIDENT DATED: Cy/24/2903 09 08 FAX 630 553 5764 DANIEL J. KRAMER VI 002/003 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO, 2003- RESOLUTION APPROVING FINAL PLAT FOR KYLYN'S RIDGE SUBDIVISION WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Kylyn's Ridge Subdivision; and WHEREAS,the City Council of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE,upon Motion duly made,seconded and approved by a majority of those members of the City Council voting the following action is taken by the City Council: 1. The Final Plat of Kylyni's Ridge Subdivision is approved and all City officials are authorized to execute the same. MIKE ANDERSON JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA 1 (2/24/2.003 09: 09 FAX 630 553 5764 DANIEL J. KRAMER 003/003 APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of _ ,A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 20 • Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 2 `, �D C/�.b 0 United City of Yorkville �., County Seat of Kendall County EST.irw ! 1836 800 Game Farm Road W Yorkville, Ill O tic Vis'" Phone:630-553-4350inois60560 Fax:630-553-7575 E `‘'� February 24, 2003 Mr. George Boada J. Boada Associates 1262 Birchdale Lane Aurora, Illinois 60504 Re: Kylyn's Ridge -Unit 1 Dear George: I have reviewed the revised final plat and plan for the referenced development, received on 2/10/03, 2/19/03 and finally on 2/21/03, and have the following comments: Plat of Subdivision: General • We need a letter from AMG homes stating that driveways for Lots 80, 94, 100, and 129 will not be constructed out to High Ridge Lane unless the homes on those lots have 3-car garages. • With the realignment of Faxon Road, we need to discuss if we want to re-name the roadway east of the realignment. Faxon to the west extends beyond city limits, therefore that road should remain as Faxon Road. The main road through the proposed Kimball Hill development aligns with Faxon and will eventually extend to Route 47, therefore it makes sense that the new road through Kimball Hill should be called Faxon Road. We may want to re-name the existing road from the realignment • to Cannonball Trail as "Old Faxon Road" or some other name. Whatever is decided, the name of that section of existing road should be shown on the plat. Sheet 1 • Call for a 15-foot sideyard easements (30-foot total width) along common lot lines of Lots 84-85 and 90-91. • Dedicate a stormwater management easement over Detention Basins 1 and 2. • Delete Note 6 and revise the easement width on the north side of Lot 99 to 15 feet. Sheet 2 • Revise the second paragraph of the Public Utility and Drainage Easement provisions to also allow the City to run electrical lines and sanitary forcemains through easements. • Signature blocks are needed for Fisher and Yabsley to dedicate portions of Faxon Road right-of-way across their properties. Plats of Easement: Fisher Plat • Please check the legal description. I couldn't get it to close. • Our City Attorney may have additional comments. Inland Plat • Need a legal description for the entire Inland parcel (for Exhibit A). • Our City Attorney may have additional comments. Plan: General • The plans also need to be submitted to Walter E. Deuchler Associates for review on behalf of Yorkville-Bristol Sanitary District. Also send them your forcemain calculations. Please call John Frerich at 630-897-4651 to coordinate any revisions. • I have forwarded the landscape plan to Schoppe Design Associates for review. I will forward his comments once I receive them. • Submit an engineer's estimate of cost for improvements once the final plans are approved. The estimate is used to determine the letter of credit amount and also certain fees. • Label valves and hydrants to make their identification easier. • Provide the field tile study and incorporate its findings into the storm sewer plan. • I reviewed your storm sewer sizing worksheets and for the most part concur with your calculations. There were some discrepancies in tributary areas or sections where some tributary areas weren't added in. There were also some sections of sewer where the plan slopes didn't agree with the worksheet or the structure elevations on Sheet 17. The net result are the following changes: Sewer Section Revise from @Slope To @Slope 2-3 18" 0.40% 21" 0.40% 12-16 18" 1.00% 18" 1.15% 15-12 15" 0.50% 18" 0.50% 17-15 15" 0.50% 18" 0.50% 22-23 30" 0.32% 36" 0.32% 23-Basin 30" 0.32% 36" 0.32% 58-55 15" 0.6% 15" 0.80% 55-52 15" 0.4% 21" 0.25% 52-49 24" 0.2% 24" 0.54% 61-Exist 12" 0.50% 12" 1.40% 49-48 24" 0.45% 27" 0.55% 48-46 24" 0.5% 27" 0.55% 64-65 18" 0.1% 15" 0.15% 93-22 30" 0.26% 30" 0.30% • I concur with your basic design for Basins 1 and 2. See minor notes for Basin 2 below. I did not review Basin 3 because that is in a future unit. • I did not review the storm sewer sizing for Unit 2 because I don't know the locations of those structures listed on your routing worksheet. • I reviewed the calculations for the outfall sewer to Rob Roy Creek and found that the creek will influence the HGL for the higher frequency storms. The outfall from Basin 2 also needs to carry the bypass flows from the Yabsley property, which I have estimated to be about 10 cfs for the 100-year storm. Storm events in excess of 100 years will discharge to the field south of Kylyn's Ridge and then on to Blackberry Creek. The sewer outfall needs to be increased to 36" diameter from the Rob Roy Creek to ST-105. The sewer between ST-105 and Basin 1 should be 24" diameter, and the sewer between ST-105 and Basin 2 should be 30" diameter. This sizing will keep the HGL lower so that the restrictor sizes are reasonable. • Please check all storm sewers for adequate depth. Ordinance calls for at least 2.5 feet of cover. RCP storm sewer with less than 3 feet of cover needs to be Class IV. Specify 24" or 36" diameter structures for shallow catch basins where possible. Structures over 4' feet deep (rim to invert), need to be larger diameter for maintenance purposes. Structures on storm service lines can be 24" inlets unless the depth is too great. Call for Type 1 closed lids on these structures. Sheet C-2 • List a third benchmark since the hydrant on Faxon will need to be raised when Faxon Road is reconstructed. Sheet C-4 • Revise the note regarding T/F elevations to state that elevations are subject to the approval of the Yorkville Building Department. • Show grades tapering back to existing for the triangular area north of the Yabsley property and the Fisher property north of re-aligned Faxon. Confirm that these areas can be drained adequately. Sheet C-5 • Show a sanitary sewer to be stubbed to the temporary dead-end of High Ridge Lane. Check with Deuchler to see if this sewer, going all the way to the temporary lift station, should be deeper to allow for a future extension south along High Ridge Lane. • Relocate the streetlight listed below. Make corresponding changes on the P/P sheets. NE corner 1.52-acre park to a point about 100 feet east Sheet C-6 • Note 4 is OK if the developer agrees to re-test this section of sewer after the rest of the sewer services are constructed. I suggest you construct all of the services as part of Unit 1 and just test it once. • Revise Note 5 to state that all storm service stubs are to be cored and booted (if connections are at structures) or be cored and booted or have factory wye fittings (if connections are directly to storm sewer). Sheet C-7 • Need a vertical curve on High Ridge at Sta. 14+50. Sheet C-9 • Revise the storm sewer downstream of ST-46 to not be a submerged outfall to the pond. Submerging the outfall would result in sediment building up in the sewer, thereby becoming a maintenance problem. Testing and inspection is also a problem if it is submerged. Sheet C-10 • Label the storm structures on this sheet. Sheet 11 • Revise the Yabsley driveway detail to show sidewalk constructed through the driveway. • Call for a 3-foot wide aggregate shoulder for the taper on Faxon between Station 9+00 and 10+00. • Show the location and elevation of BM#1. • Call for the section of existing Faxon Road to be abandoned and removed down to existing subgrade. • Call for the existing hydrants, valves and storm drains on Faxon east of Sta. 11+00 to be adjusted as necessary. If an inlet needs to be abandoned, call for removal of the structure and a brick& mortar plug at the removed structure and at the downstream manhole. If adjustment of an inlet or CB results in the rim-invert depth exceeding 4 feet, call for the structure to be replaced with a manhole. Sheet C-13 • Increase the safety shelf width of Basin 2 to 10 feet. • Show a siltation basin at the outfall to the basin. Sheet C-14 • Show the location and elevation of BM#2. • Delete the extraneous notes on the upper profile regarding ST-104 and elevations. Same for the 12" and 15" notes for the storm sewer between ST-64 and ST-69. • Need stationing along Faxon Road from Rob Roy Creek to Old Faxon Road. No negative stationing. Sheet C-15 • Revise release structure details. Both structures should be 72" diameter with Type 1 frames and closed lids on both sides of the weir. Also call for MH steps on both sides of the weir. • Further revise the Basin#1 structure to have 2-yr and 25-yr orifice diameters of 4.5" and 5", respectively. Revise the 25-yr restrictor invert elevation to 638.3. Revise the top of weir elevation to 639.7. Call for the 100-yr restrictor to be a 2-ft long piece of 14" DIP grouted into the 24" RCP outfall sewer. We want to have at least 6" clearance between the top of the weir and the bottom of the MH flattop, which will result in a finished rim elevation of about 642.0. Revise grading on Sheet C-4 accordingly. • Further revise the Basin#2 structure to have 2-yr and 25-yr orifice diameters of 4" and 4", respectively. Call for the 100-yr restrictor to be a 4-ft long piece of 21" PVC grouted into the 30" RCP outfall sewer. We want to have at least 12" clearance between the top of the weir and the bottom of the MH flattop, which will result in a finished rim elevation of about 643.0. Revise grading on Sheet C-4 accordingly. Sheet C-16 • Revise typical street detail to specify a 33-foot B-B roadway width for High Ridge Lane. • Revise overflow detail elevations based on new pond designs. Sheet C-17 • Clarify that the rim elevation for curb drains in the structure table are flow-line elevations. • Establish structure numbers for the flared-end-sections. List them and their elevations in the structure table. • We have begun allowing 48" storm manholes in situations where the sewer diameters are 15" or less and the orientation of the sewers pipes result in at least 12" of monolithic concrete manhole wall between the cast openings for the sewers. ST-27 can be 48" diameter, and there may be others. • It appears that the MH elevations listed below should be changed. Please check. Structure Revised elevation 20 I-636.83 21 I-636.71 75 1-639.00 • Storm structure numbers 20, 38, and 39 are too deep from the rim to invert. We don't like to have depths greater than 4 feet for maintenance reasons. Either increase the diameter of the structures or decrease their depths. • Change ST-34 to a CB, Ty C, 24" diameter. • Change ST-42, ST-45, and ST-46 to 72" diameter structures. • ST-51 may work as a 24"124" structure. Please check. • Change ST-60 to a CB, Ty C, 24" diameter. • ST-110 needs to be listed in the structure table. • Revise the frames for ST-48, ST-49, and ST-52 to EJIW 6517. Sheet C-18 • Call for the triangular area north of the Yabsley property(including the area where Faxon Road pavement is removed) to be restored with 12" of topsoil, seed, and mulch. Sheet C-19 • Need a detail for Construction Entrance. Please make the requested revisions and submit two prints of the plat and plan for review. If you have questions about any of these items, please call me at 553-4350. Very truly yours, r ,) Joseph Wywrot City Engineer cc: Tony Graff, City Administrator John French, Walter E. Deuchler Associates, Inc. Mike Schoppe, Schoppe Design Associates, Inc. Chad Gunderson, AMG Homes, Inc. i i L .I f f l i III J 'J'U�11NAL PLAT UF KYLYN RIDGh U NIl , I i LEGAL DESCRIPTION BEING A SUBDIVISION OF PART OF SECTION 19 AND 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THAT PART OF SECTION 19 AND ALSO THAT PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD i PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER THE THIRD PRINCIPAL 'MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 39 MINUTES 04 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 147.18 FEET; THENCE SOUTH 82 DEGREES 36 MINUTES 56 SECONDS EAST, A DISTANCE OF 778.64 FEET TO THE POINT OF BEGINNING; ,THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 1106.96 FEET TO THE SOUTHWEST CORNER OF CANNONBALL ESTATES UNIT 2, BEING A SUBDIVISION OF PART OF SAID SECTION 20 AS RECORDED NOVEMBER 21, 2003 AS DOCUMENT NUMBER 01-22325; THENCE NORTH 04 CITY ENGINEER DEGREES 21 MINUTES 17 SECONDS EAST, ALONG THE WESTERLY UNE OF SAID CANNONBALL ESTATES UNIT 2 j SUBDIVISION, A DISTANCE OF 1549.95 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 275.00 FEET TO THE STATE OF ILLINOIS COUNTY OF KENDALL NORTHEASTERLY CORNER OF A TRACT OF LAND AS CONVEYED TO FRANCIS G. YABSLEY AND PHYLLIS A. YABSLEY PER S DOCUMENT NUMBER 865742; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, ALONG THE EASTERLY I I, _, CITY ENGINEER FOR THE UNITED CITY OF YORKVILLE, DO LINE OF SAID TRACT, A DISTANCE OF 460.00 FEET; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST, HEREBY CERTIFY THAT THE '?EOUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE ALONG THE SOUTHERLY UNE OF SAID TRACT, A DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES PUBLIC UTILITY AND DRAINAGE EASEMENT STORMWATER MANAGEMENT EASEMENT PROVISIONS REQUIRED GUARANTEE COLUt'TERAL HAS BEEN POSTED FOR THE COMPETION OF ALL 37 SECONDS EAST, ALONG THE WESTERLY LINE OF SAID TRACT, A DISTANCE OF 460.00 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG THE CENTERUNE OF FAXON ROAD, REQUIRED IMPROVEMENTS. OPTED AT YORKVILLE, ILLINOIS THIS DAY OF 2003. A DISTANCE OF 241.00 FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 40.00 A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ILLINOIS BELL TELEPHONE AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF FEET; THENCE ALONG A CURVE HAVING A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEET (CHORD BEARING = COMPANY, NORTHERN ILLINOIS GAS COMPANY, COMMONWEALTH EDISON COMPANY, JONES INTERCABLE, OTHER YORKVILLE AND TO ITS SUCCESSORS AND ASSIGNS, OVER ALL OF THE AREAS MARKED SOUTH 35 DEGREES 27 MINUTES 23 SECONDS EAST, CHORD LENGTH = 35.36 FEET) TO A POINT OF TANGENCY; PUBLIC UTILITIES, AND HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY OF YORKVILLE, ILLINOIS, "STORMWATER MANAGEMENT EASEMENT" ON THE PLAT FOR THE PERPETUAL RIGHT, CITY ENGINEER THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 154.00 FEET TO A POINT OF CURVE; E AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WITH THE AREAS SHOWN ON THE PLAT AS "PUBUC PRIVILEGE, AND AUTHORITY TO SURVEY, CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, i THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEET; THENCE j UTILITY & DRAINAGE EASEMENT" TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, MAINTAIN AND OPERATE STORM SEWERS AND THE STORMWATER MANAGEMENT AREA, SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 66.00 FEET: THENCE ALONG A CURVE HAVING A INSPECT, MAINTAIN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER TOGETHER WITH ANY AND ALL NECESSARY MANHOLES, CATCH BASINS, SANITARY SEWERS, i RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEET (CHORD BEARING = SOUTH 35 DEGREES 27 MINUTES 23 THE SURFACE OF THE 'PUBLIC UTILITY & DRAINAGE EASEMENT", INCLUDING WITHOUT LIMITATION TO WATER MAINS, ELECTRIC AND COMMUNICATION CABLES, CONNECTIONS, DITCHES, SWALES, SECONDS EAST, CHORD LENGTH = 35.36 FEET) TO A POINT OF TANGENCY; THENCE SOUTH 09 DEGREES 32 MINUTES TELEPHONE CABLE, GAS MAINS, ELECTRIC LINES, CABLE TELEVISION LINES, AND ALL NECESSARY'FACILITIES AND OTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY 37 SECONDS WEST, A DISTANCE OF 250.00 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT, APPURTENANT THERETO, TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND SAID CITY, OVER, UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENT, HAVING A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER WITH THE RIGHT TO TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY MEN SECONDS WEST, 66.00 FEET; THENCE ALONG A CURVE HAVING A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEETINSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH 107 TO SERVE IMPROVEMENTS AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT IS ALSO GRANTED TO (CHORD BEARING = SOUTH 35 DEGREES 27 MINUTES 23 SECONDS EAST, CHORD LENGTH - 35.36 FEET) TO A POINT THEREON. CUT DOWN, TRIM OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS ON THE OF TANGENCY; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 250.00 FEET TO A EASEMENT THAT INTERFERE WITH THE OPERATION OF SEWERS OR OTHER UTILITIES. NO POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 ! A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE CITY OF YORKVILIE, PERMANENT BUILDINGS SHALL BE PLACED ON SAID EASEMENT, NO CHANGE TO THE FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 66.00 FEET; THENCE ALONG A ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE AND INSPECT FACILITIES FOR TOPOGRAPHY OR STORMWATER MANAGEMENT STRUCTURES WITHIN THE EASEMENT AREA CURVE HAVING A RADIUS OF 25.00 FEET, A DISTANCE OF 39.27 FEET (CHORD BEARING = SOUTH 35 DEGREES 27 THE TRANSMISSION AND DISTRIBUTION OF WATER, STORM SEWERS, AND SANITARY SEWERS, WITHIN THE AREAS SHALL BE MADE WITHOUT EXPRESS WRITTEN CONSENT OF THE CITY ENGINEER, BUT CITY ADMINISTRATOR'S CERTIFICATE MINUTES 23 SECONDS EAST, CHORD LENGTH = 35.36 FEET) TO A POINT OF TANGENCY; THENCE SOUTH 09 DEGREES SHOWN ON THE PLAT AS ' PUBLIC UTILITY & DAINAGE EASEMENT ', TOGETHER WITH A RIGHT OF ACCESS SAME MAY BE USED FOR PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH 32 MINUTES 37 SECONDS WEST, 248.06 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT, THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. THE AFORESAID USES OR RIGHTS. HAVING A RADIUS OF 25.00 FEET, A DISTANCE OF 38.33 FEET; THENCE SOUTH 11 DEGREES 10 MINUTES 32 STATE OF ILLINOIS SECONDS WEST, A DISTANCE OF 66.14 FEET; THENCE ALONG A CURVE HAVING A RADIUS OF 25.00 FEET, A DISTANCE THE ABOVE NAMED. ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN THE OWNER OF THE PROPERTY SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF COUNTY OF KENDALL OF 40,21 FEET (CHORD BEARING - SOUTH 36 DEGREES 32 MINUTES 10 SECONDS EAST, CHORD LENGTH = 36.02 DESCRIBED FOR THE USES HEREIN SET FOURTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES, THE STORMWATER WILL PEE MANAGEMENT AREA AND APPURTENANCES. THE CITY OF YORKVILLE ONLY EMERGENCY PROCEDURES A5 DEEMED NECESSARY BY THHEECITY APPROVED BY THE CITY ADMINISTRATOR OF THE UNITED CITY OF YORKVILLE, KENDALL FEET) TO A POINT OF TANGENCY; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, 154.17 FEET TO THE SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS 'PUBLIC UTILITY & DRAINAGE EASEMENT' POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND CONTAINING 32.4307 ACRES. WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, REPLACEMENT, ENGINEER OF THE UNITED CITY OF YORKVILLE. COUNTY, ILLINOIS, THIS DAY OF , 2003 MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO. NO PERMANENT BUILDINGS, STRUCTURES, OR OBSTRUCTIONS SHALL BE CITY ADMINISTRATOR CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS "PUBLIC U11UTY & DRAINAGE EASEMENT', BUT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED. THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE 1N SUCH A MANNER SO AS NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH I EASEMENTS ARE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO EXISTING ' i WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE N GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. SURVEYOR'S CERTIFICATE � I FOLLOWING ANY WORK TO BE PERFORMED BY THE CITY OF YORKVILLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION, STATE OF ILLINOIS S 5 INCLUDING BUT NOT LIMITED TO, THE RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, GUTTERS, ! { COUNTY OF DUPAGE TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING,SUCH ._. rt& AI IT ,:.. ! aa, TRENCH CR SO;AS TO RET N SU ABLE DRAINAGE R ?O BACKFILL AND MOUND ALL TREN F WOK _ _, ,.."-:,. x ..,_: . ,.. k . MAINTENANCE f' fi �` . s, ._ _ _ ., T ._, . w .�v. _ �•� _ _ _. .. __. -. __ _- ._, ,. PLAN COMMIS MISSION _E IF �� _ _ _ M r A _ _ _ S0 R. tCTF - _ -. ssaa,yy .� _ - _ _ , \ - - <:.. E.......-�_ ........+..ix:. ..u. , _ _.. p .. ,a ,...-� id s, ter.. .. ,.. .. ..... .....-.... F ...:.:... t��� , ,.: - .- ...,x ,.., :",."._.. S'.' ., .. ._ ,. ...:.., h. . --,..-_ :,_. o uR N�RETE.SURFACE TO TSE,1CVt ALL EXCESa DEB ES AND SP01 AND 0 .h.:,.� , ,, : ,> � .x � ,..>. ._�,.. . . _,. . � .,, .�. �,. . I. .. >�, , F. _ ,. .. .�_ _.. . .... _ __.- ! IWNOlS NAND TO COLD PAiCri r1,JY ASrrIAi GO L, _._ _: .r E,-_ r" ,. x ,» q .,. w A P40iESS ONAL I L r ati S . ?v y i X rix< a , ..:_ ..-Law ELLE. er�i. �,-^§.- '�'. ... .. 3[ r� THE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. � .,M1..� < ..:. :. . ... .,.__. ,._._.. .,: .. . ., . ". ,.:...... . ... . ...:�. >.. ,-: SURVEYOR, DO HEREBY CERTIFY THAT I HAVE SUR VEYW AND SUBDIVIDED THE LANDS �- �- LEAVE € ,,. ,> , .. SHOWN ON THE PLAT AND DESCRIBED IN THE ABOVE CAPTION. 1 DO HEREBYKENDALL CERTIFY THAT THE FOREGOING PROPERTY FALLS WITHIN THE CORPORATE STATE OF ILLINOIS � COUNTY OF KENDALL� LIMITS OF THE UNITED CITY OF YORKVILLE, WHICH HAS ADOPTED A VILLAGE PLAN AND IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY BASION 12 OF ARTICLE 11 OF THE APPROVED BY THE PLAN COMMISSION OF THE UNITED CITY OF YORKVILLE, KENDALL ILLINOIS MUNICIPAL CODE. IN ACCORDANCE WITH S.B. 908-P. A 85-267, 1 FURTHER COUNTY, ILLINOIS, THIS DAY OF , 2003. A.D. CERTIFY THAT NO PART OF THE PROPERTY COVERED BY THIS SUBDIVISION IS LOCATED WITHIN SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. - CHAIRMAN DATED AT LISLE, ILLINOIS THIS DAY OF 2003. ILLINOIS PROFESSIONAL. LAND SURVEY No. 2580 . SURFACE WATER STATEMENT _ STATE OF ILLINOIS S.S. COUNTY OF DUPAGE OWNER'S CERTIFICATE I, PEDRO J. CEVAU.OS-CANDAU, A REGISTERED PROFESSIONAL ENGINEER OF ILLINOIS CITY CLERK CERTIFICATE HEREBY STATE THAT TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE DRAINAGE OF SURFACE WATERS WILL NOT BE CHANGED BY THE CONSTRUCTION OF SUCH SUBDIVISION STATE OF ILLINOIS Z ! OF ANY PART THEREOF, OR, THAT IF SUCH SURFACE WATER DRAINAGE WILL BE STATE OF IWN01S COUNTY OF KENDALL S S. CHANGED, REASONABLE PROVISION HAS BEEN MADE FOR COLLECTION AND DIVERSION COUNTY OF KENDALL S 1 OF SUCH SURFACE WATERS INTO PUBLIC AREAS OR DRAINS WHICH THE SUBDIVIDER THIS IS TO CERTIFY THAT # HAS A RIGHT TO USE AND THAT SUCH SURFACE WATERS WILL BE PLANNED FOR IN APPROVED BY THE CITY COY�NCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, PRACTICES SO AS TO REDUCE ACCORDANCE WITH GENERALLY ACCEPTED ENGINEERING IWNOIS THIS DAY OF 2003 A.D. I/W AM ARE THE OWNER(S) THE LIKELIHOOD OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF THE E AM/ ARE I THE ABOVE SURVEYOR'S CERTIFICATE, AND THAT I WE HAVE CONSTRUCTION OF THE SUBDIVISION. OF THE LAND DESCRIBED N I/ WE THE SAME TO BE SURVEYED, SUBDIVIDED AND PLATTED AS SHOWN BY THE CITY CLERK MAYOR ANNEXED PLAT FOR THE USES AND PURPOSES THEREIN SET FORTH AS ALLOWED AND DATED THIS DAY OF 2003 A.D. I PROVIDED BY STATUTE, THE SUBDIVISION TO BE KNOWN AS: l KYLYN'S RIDGE - UNIT 1 ) ILLINOIS REGISTERED PROFESSIONAL ENGINEER No. 062-0042207 a AND VWE HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE AFORESAID DATED THIS DAY OF 2003 A.D. OWNER OWNER 4. NOTARY CERTIFICATE SCHOOL DISTRICT CERTIFICATE COUNTY CLERK CERTIFICATE COUNTY RECORDER CERTIFICATE STATE OF ILLINOIS Z S S STATE OF ILLINOIS STATE OF ILLINOIS ZCOUNTY OF KENDALL S.S. STATE OF ILLINOIS Z S�L COUNTY OF KENDALL S.S. COUNTY OF KENDALL COUNTY OF KENDALL I, , A NOTARY PUBLIC IN AND FOR SAID COUNTY - THIS IS TO CERTIFY THAT I, COUNTY CLERK FOR IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT THIS IS TO CERTIFY THAT 1, AM THE OWNER OF THE THE COUNTY AFORESAID, DO HEREBY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL THIS INSTRUMENT WAS FILE? FOR RECORD IN THE RECORDER'S OFFICE OF KENDALL PROPERTY HEREIN DESCRIBED IN THE SURVEYOR'S CERTIFICATE, WHICH WILL BE KNOWN NO UNPAID FORFEITURE TAXES AND NO REDEEMABLE COUNTY, ILLINOIS ON THE DAY OF 2003 AT PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO s TAXES, NO UNPAID CURRENT TAXES, O'CLOCK -M. AND WAS RECORDED IN BOOK OF PLATS ON PAGE AS KYLYN'S RIDGE - UNIT 1, TO THE BEST OF MY KNOWLEDGE, IS LOCATED WITHIN AS DOCUMENT NUMBER f THE AFORESAID INSTRUMENT AS SUCH OWNER, APPEARED BEFORE ME IN PERSON AND THE BOUNDARIES OF YORKVILLE SCHOOL DISTRICT NO. 115 IN KENDALL COUNTY, ILLINOIS. TAX SALES AGAINST ANY OF THE REAL ESTATE DESCRIBED 1N THE FOREGOING ACKNOWLEDGED THAT HE SIGNED AND DELIVERED THE PLAT AS HIS OWN AND VOLUNTARY CERTIFICATES. k ACT FOR THE USES AND PURPOSES THEREIN SET FORTH. f GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF , 2003 A.D. DATED THIS DAY OF 2003 AA. DATED THIS DAY OF 2003. A.D. IKENDALL COUNTY RECORDER OWNER: f NOTARY PUBLIC PC 2002-12 Kylyn's Ridge Final Plat AMG Homes, Inc. City Council: 2/25/03 ELM FILE: AS0077-01 REV. DATE: 12/23/2002 DRAWING N0, SHEET NO. AS0077-01 2 of 2