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Committee of the Whole Packet 2003 10-21-03 • �a¶ United City of Yorkville EST. iG1l7 1836 County Seat of Kendall County 800 Game Farm Road Cl) Yorkville, Illinois 60560 0 (11 �� Q Phone:630-553-4350 �2 Fax:630-553-7575 AGENDA LE `�v COMMITTEE OF THE WHOLE Tuesday, October 21, 2003 7:00 PM City Conference Room Public Hearing: None Presentations: 1. Dhuse Property - Concept Plan/Wiseman-Hughes - Plan Comm 10/8/03 Note: "CA" denotes a recommendation by the respective Committee for that item to go on the Consent Agenda of the City Council Agenda. Mayor: 1. NIU Downtown Study 2. Adhoc Committee for City/ School District#115 3. Ordinance Amending Ordinance No. 2003-30 Amending the Liquor Control Ordinance allowing Sampling or Tasting of Alcoholic Liquors from Class A License Holders to Class B Attorney: 1. Cooper Land Purchase Public Works Committee: 1. No Report. Economic Development Committee: 1. Zoning Variance for Kimberly & Michael O'Malley, 906 Morgan Street - LBA 10/14/03 Public Safety Committee: 1. No Report. • • Page 2 Committee of the Whole October 21, 2003 Administration Committee: 1. Internship Manual - Admin 10/9/03 2. Hire Part-time Secretary for City Council - Admin 10/9/03 3. Funding for Library Building Expansion Project - Admin 10/9/03 4. In-town Road Program - Smith Engineering Contract and Funding Park Board: 1. Concord Homes - Raintree Village Park Land 2. Beecher Use - COW 10/7/03 Executive Session: 1. For the purchase or lease of real property for the use of the public body. II Additional Business: i UNITED CITY OF YORKVILLE • AGENDA COMMITTEE OF THE WHOLE Tuesday, October 21, 2003 7:00 PM CITY CONFERENCE ROOM STATUS: 1 ✓UJPresentation: ) Z yit FYIP 1. Dhuse Property- Concept Plan/Wiseman-Hughes -e� /1 110:114 MAYOR: i .„,„2,-,,,,,..c.-.....‹. .1. i"4.4, Oft C-(- I t.. P(1. NIU Downtown Study et-e-61-;f V/, \Av" ,ad�rtVAV '_f _`,-�/f'1`)trtr • -7... \ff.--'4'4---,i-vc-i J ID \xliirv'f--:,,,e-96x-- 2 --- t.), i 7' '''' ' '1. 1 2. Adhoc Committee for City/ School District#115 J I _.'''' till/ ci v . v , f • ..., A,1 it/ C,„)/ L---1 'ri 3. Ordinance Amending Ordinance No. 2003-30 Amending the Liquor Control Ordinance allowing Sampling or Tasting of Alcoholic Liquors from Class A License Holders to Class B CITY ATTORNEY: ' 'T ? 5 " ,Lor,,,,,,,.;L.Z.e5v-- 4frd112 `,I✓3/� fI� 1. Cooper Land Purchase -r 411 CITY TREASURER: ID , </DZ.-6 1 -v::; ,' L.-- ` •r° 1. 2002/2003 Annual Treasurer's Report PUBLIC WORKS COMMITTEE: t 1. No Report. SCONOMIC DEVELOPMENT COMMITTEE: -� 7 L, 1. Zoning Variance for Kimberly&Michael O'Malley, 906 Morgan Street r~- f PUBLIC SAFETY COMMITTEE: 1. No Report. 111 ADMINISTRATION COMMITTEE: • ,„,:j . /ifr- it '-•?-4(-1(a_ �'•"-�1. Internship Manual/' ; Ci4r11:'11-` ) --.... k% - ys--- 1 a(...'1 2. Hire Part-time Secretary for City Council ' C. , L 5 V="" 4 1 "). 3. Funding for Library Building Expansion Prop p� 0 f ✓'' ( i, rc L. ( )\.. , -, ( cl.,C, / 4. In-town Road Program- Smith Engineering Contract and Fundin 110 /7.1„/„...r.-/-7..e.-- -c..-.._-... e.......c.„ -=.1e PARK BOA1 ---------7-- -/ Li'--" ii 0 z..-., ceekri.21. cord Homes -Raintree V age Park Land__jL, z ,, ` i1 , r, /*/, 1-0 t. Ir /LL'''<:,1-.. ..)� 2. Beecher Use ( ' • % (( ( l 1 C 1 t L'. ; Executive Session: a ' - I / (� 1. Land Acquisition • Additional Business • • UNITED CITY OF YORKVILLE ANNUAL TREASURER'S REPORT DRAFT SUMMARY STATEMENT OF CONDITION MODIFIED ACCRUAL BASIS April 30, 2003 Non Special Debt Capital Expendable General Revenue Service Projects Enterprise Trust Beginning Fund Balance $1,753,210.00 $1,139,874.00 $6,401.00 $886,526.00 $1,428,776.00 $111,569.00 Revenue $5,479,973.00 $1,374,727.00 $92,355.00 $1,041,180.00 $1,050,282.00 $0.00 Expenditures -$4,592,859.00 -$2,214,305.00 -$605,477.00 -$1,011,512.00 -$589,776.00 $0.00 Transfers In $375,372.00 $1,259,263.00 $475,175.00 $291,192.00 $228,702.00 $0.00 Transfers Out $1,281,180.00 -$286,852.00 $0.00 -$855,995.00 -$205,677.00 $0.00 Loan Proceeds $18,694.00 $94,306.00 $0.00 $0.00 $0.00 $0.00 Bonds $0.00 $0.00 $1,280,000.00 $2,899,365.00 $0.00 $0.00 Adjustments -$729,538.00 -$86,591.00 $0.00 -$127,126.00 $0.00 $0.00 Pmts to Escrow Agen $0.00 $0.00 -$1,240,011.00 $0.00 $0.00 $0.00 End Fund Balance $1,023,672.00 $1,280,422.00 $8,443.00 $3,123,630.00 $1,912,307.00 $111,569.00 Subscribed and sworn on this 28th day of October 2003. William Powell — Jacquelyn Milschewski City Treasurer City Clerk I, Jacquelyn Milschewski, Clerk of the United City of Yorkville, Kendall County, Illinois do hereby certify that the above is a true copy of the Annual Treasurer's Report for the City of Yorkville,Yorkville Public Library and Yorkville Recreation Department for the fiscal year ending April 30, 2003. UNITED CITY OF YORKVILLE EMPLOYEE'S SALARIES CASH BASIS FISCAL YEAR 02-03 ELECTED OFFICIALS Mayor Arthur Prochaska $5,535.00 City Clerk Jacquelyn Milschewski $3,635.00 Treasurer Robert Allen $3,600.00 Alderman Paul James $3,635.00 Alderman Richard Sticka $3,635.00 Alderwoman Valerie Burd $2,075.00 Alderman Larry Kot $3,635.00 Alderman Marty Munns $3,635.00 Alderman Michael Anderson $2,075.00 Alderwoman Rose Spears $2,075.00 Alderman Joe Besco $3,635.00 EMPLOYEE'S EARNINGS UNDER $25,000.00 Ament, Beverly lwanski, Sheryl Poole, Jennifer Arentsen, Dale Jackson, Jamie Preston, Dwight Bahr, Lorrie Jahp, Margaret Reisinger, Lisa Baird, Tina Jeffrey,Adam Rhodes, Gail Baker, Steve Jeffrey, Felicia Robinson,Anthony Battle, Bettye Jiardina, Christina Robinson, Matthew Baumgardt, Carol Johnson, Matthew Robinson, Michael Bazan, Jean Kepka, Gregory Rollins, Ben Bejger, Ronald Koehler, Joan Rollins, Jordan Bradstreet, Patricia Kramer, Daniel Schmid, Roger Brejcha, Karen Larsen, Connie Schoolfield, Matthew Brown,Andrew Leifheit, Jeanne Shamsuddin, Humza Brown, Brett Lynn, Jeannette Simmons, Sharon Cantaley, Robert Manning, Barbara Spears, Cherese Clapper, Brenda Matlock, Joanne Sprain, Barbara Coomes, Gregory Mayes, Robert Swithin, Kate Davison, Steven Mikkelson, Milford Thurow, Melissa Debord, Dixie Milschewski, Jacquelyn Turner, Ryan Drew, Mike Minor, Allan Weimer, Steven Enlow, John Mizera, Mary Williams,Annette Feltes, Rita Norwood, Kaisa Woodrick, Jennifer Ferguson, Carl Nowlin, Jerry Yabsley, Frank Forss, Robert O'Leary,Justin Youngen, Christopher Gardner, Mary Jo O'Leary, Marty Goss, Virginia O'malley, Kimberly Hebreard, Daniel Page, Dale Holman, William Podschweit, George Hufstetler, Trent EMPLOYEE'S EARNINGS $25, 000 TO $49,999.99 Ackland, Jeffery Friddle, Stacey Seng, Matthew Baker, Holly Groesch, Barry Stroup, Samuel Barkley, William Hart, Richard Swithin, Susan Batterson, Molly Helland, Jonathon Valerius, Denise Behrens, Brett Hilt, Larry Behrens, David Hopkins, Shamim Brown, Laura Houle, Anthony Calvert, Glenn Johnson, Jeffery Cemekee, Patricia King, Kimberly D'Anna, Elizabeth Klingel, Terry Delaney, David Pfister, Micaeleen Dyon, Judy Reisinger, Barbara EMPLOYEE'S EARNINGS $50,000.00 TO $74,999.99 Dhuse, Eric Diederich, Ronald Klingel, Terry Martin, Harold Moore, Joe Pleckham, Traci Sibenaller, Gregory Sleezer, John Sleezer, Scott Sorensen, Brian Wywrot, Joseph EMPLOYEE'S EARNINGS $75,000.00 TO $99,999.99 Graff, Anton UNITED CITY OF YORKVILLE MODIFIED ACCRUAL BASIS FISCAL YEAR 03-04 Property Taxes $1,265,617.00 Personal Property Tax $8,421.00 State Income Tax $402,578.00 Road & Bridge Tax $80,906.00 Sales Tax $152,008.00 Utility Tax $475,638.00 Franchise Tax $266,060.00 License/Permits $1;005,990.00 Service Charge $957.00 Fines/Penalties $76,403.00 Connection Fees $995,426.00 Interest Income $54,783.00 Water Sales $932,912.00 Program Fees $79,450.00 Sanitary Fees $1,425,925.00 Grants $76,670.00 MFT Taxes $183,908.00 Hotel Tax $17,208.00 Operating Transfers $1,634,635.00 Development Fees $400,994.00 Use Tax $54,433.00 Maintenance Fees $293,966.00 Loan Proceeds $113,000.00 Water Meters $107,010.00 Reimbursement Other Governments $19,000.00 Photo Tax $1,792.00 Other Revenue $257,782.00 Donations $8,622.00 Deviation Fees $134,550.00 TOTAL: $10,526,644.00 UNITED CITY OF YORKVILLE ANNUAL TREASURER'S REPORT A/P VENDOR LIST PAID FISCAL YEAR 02-03 4I mprint $1,482.99 A.G. Graphics $2,224.00 Advantage Chevrolet $1,286.00 American Security Cabinets $8,835.00 Ameritech $17,575.00 Ameritech Paging $1,636.00 Amoco Oil Company $28,955.78 Architectural Bronze $1,389.43 Arro Labratories $36,033.69 Arrow Uniform Rental $1,997.00 Aspen Valley Barge Dock $1,139.50 Associated Techical Sery $3,713.91 AT&T $18,626.36 Atlas Bobcat $63,925.50 Attorney Daniel Kramer $20,321.99 Aunt Martha's $14,031.72 Aurora Area Tourism Council $572,911.23 Aurora Blacktop Inc. $1,367.16 Aurora Concrete $9,877.50 Automotive Specialists $2,720.82 Baker & Taylor $3,921.13 Bank of New York $3,686.26 Beacon Ballfields $13,800.11 Behm Pavement & Maint. _ $39,101.17 Bennett, Gary L. $32,037.63 Blackberry Oaks Golf Course $1,894.00 Blue Cross Blue Shield $18,690.00 Boeker Road Maintenance $1,200.00 Brady, Theresa $6,890.00 Bristol Kendall Fire Department $344,548.64 Burbach Aquatics $23,815.92 Burnidge Cassell $65,650.00 C.H. Schrader & Assoc $1,059.35 Castle Bank $1,263.39 CBI Constructors $7,434.00 CDS Office Technologies $414,227.25 CDW Government $1,305.65 Central Limestone $57,113.00 Chapman & Cutler $12,378.50 Chem-Master $3,500.00 Cingular Wireless $71,987.30 Clarke Environmental Mosquito $17,119.46 Cleansweep Sweeping $3,280.00 Commerce Census $37,388.13 Commonwealth Edison $2,574.04 Communications Direct $1,356.35 Computer Consultants $17,000.00 Conservation Design $3,016.45 Conservation Foundation $2,423.75 Corporation for Open Lands $128,276.98 Countryside True Value Hardware $3,170.00 Crabtree Publishing $6,858.85 Crestview Builders $15,053.79 Crimson Medica $8,685.02 Dearborn, Robert $1,794.00 Dell Marketing $8,056.20 Depo Court Reporting $1,842.20 Deuchler Environmental $2,769.00 Display Sales $4,316.00 Domestic Uniform $2,130.93 Doors By Russ $4,027.39 Ebsco Subscription $1,263.39 Elan Financial $1,183.90 Elite Printers $5,567.00 Ellison Education Equip $24,367.85 Elmhurst Chevrolet $18,626.40 Eltlers Lawn & Rec $2,020.00 Engineering Ent. $549,152.89 F.E. Wheaton $2,102.30 FFT, LLC $3,264.99 First Place Rental $1,273.03 First USA Bank $4,000.50 Fox Ridge Stone $1,300.00 Fox Valley Family YMCA $1,921.39 Fox Valley Trophy & Awards $32,918.23 FPT&W $6,152.58 Fulton Contracting $1,386.74 Galls $2,513.71 Gardner, Carton & Douglas $1,708.80 Gaylord Brothers $1,890.50 Geneva Construction $22,856.71 Geneva Valve Tap $8,013.36 Gipe, Dina $1,305.40 Grainco, Inc. $6,000.00 Graybar Electric $3,534.82 Haestad Methods $2,995.00 Haydens Sports $6,516.99 Heartland Services $5,683.62 Heitkotter Inc. $34,599.22 Henne Electric $4,384.41 Heritage Trail Library System $1,857.85 Hilton $1,192.96 Holley Septic Inc $5,025.00 I.T.O.A. $3,379.45 Illinois Dept. Nuclear Safety $10,367.08 Illinois Dept. of Transportation $105,145.33 Illinois Director of Em loyment Sec $1,045.00 Illinois EPA $3,486.00 Illinois Fire & Police Commission $1,250.00 Illinois Lawn Equipment $1,029.44 Illinois Municipal Leare $1,170.00 Image Plus I $104,203.00 IML Risk Management Assoc. $1,840.00 Indoff, Inc. $526,950.93 International Code Consultants $5,490.00 International Supplies $10,828.67 IPS Recreation $5,150.28 J&L Electric $19,119.13 JCM Uniform $1,650.00 Jensen Entertainment & Video $3,810.62 J's Shoe Repair $2,183.95 JULIE Inc. $3,482.70 Kendall Co. Youth Services Board $1,189.75 Kendall County $93,257.28 Kendall County Blacktop $2,587.50 Kendall County Record $1,300.00 Kendall Grundy FS $5,048.10 Kendall Printing $8,001.60 Kieslers $5,420.29 Kindermusik With Ms. Sharon $2,606.60 Kirhofers Sporting Goods $16,050.38 Kopy Kat Copier $3,916.30 Kustom Signal $1,421.50 Lee Wayne Corp $1,561.06 Leifheit, Doug $2,665.70 LOCIS $4,342.19 Logomax $2,194.99 Maintenance Coatings $1,750.00 Marker, Richard & Assoc $1,056.00 Maxcor Inc $5,382.50 Meade Electric $13,880.00 Meteorlogix $1,875.00 Metlife Insurance $2,948.75 Metro Transportation Group $5,543.77 Metroplitan Industries $12,741.99 Mid American Water $7,508.17 Midvalley Concrete $24,600.00 Midwest Trading $6,400.00 Milschewski, Jackie $1,196.25 MLEEDS $18,629.80 Monroe Truck Equipment $31,098.17 Montgomery Landscaping $2,600.00 Morton Salt $8,209.00 MPH Industries $14,411.50 Mularkey Assoc $22,728.12 Municipal Software Inc. $41,028.32 N.E. Multi-Retional Training $1,901.82 Naeir $6,235.00 Nanco Sales $1,133.57 National Vision Consultants $43,161.63 National Waterworks $1,158.00 NCI Inc. $1,000.00 Nelson Enterprises $1,610.00 New England Business Sery $24,737.77 Nextel Communications _ $27,317.67 NICOR $27,544.00 Nikkei Air $1,270.76 Northern Illinois University $1,418.37 Northern Tool $1,693.42 Office Works $16,602.07 Oherron, Ray $2,800.00 Olson, James & Assoc $10,731.84 Omalley Welding $2,543.00 P.F. Pettibone $1,986.00 Park & Rec Supply $1,930.67 Patten Industries $9,070.00 Pedal & Spoke $1,467.00 Pessina Tree Service $4,145.54 Pitney Bowes $1,552.00 Professional Service Ind $22,698.00 Pro-Tech Security $1,737.49 Provena St. Joseph Hospital $5,741.69 Purchase Power $1,092.96 Quill Corporation $11,000.66 R.A. Ubert Construction $3,055.00 R.W. Troxell & Co $155,144.76 Rakow's Furniture $3,314.86 Ralph's Place $2,860.00 Reed, Danny $1,052.60 Refrigeration Unlimited $1,310.63 Reliable Computer $1,448.00 Reverview Ford $1,066.00 Rice, Judy $1,293.95 Robotronics Inc $15,700.25 Rosatis Pizza $8,368.90 Ruettiger, Tonelli & Assoc. $1,201.68 Safety Systems Corp $4,500.00 Sailsbury, Margaret $1,920.00 Savin $1,250.30 SBC $2,625.37 SBC Global $1,000.00 Schoppe Design $1,250.00 Seyfarth, Shaw & Fairweather $3,040.46 Shell Oil $111,997.70 Simmons, Sharon $4,390.00 Simplex Grinnell $1,095.00 Sirchie Fingerprint Lab $28,012.11 Smith Ecological Systems $2,987.62 Smith Engineering $1,598.00 Software Performance Specialist $1,534.63 Soul Candy $83,055.13 Southwest Fox Valley Cable $35,643.24 Speer Financial $2,485.00 Sportsfield, Inc $16,952.77 Standard & Poors Rating Sery $2,572.44 State of IL Nuclear Safety $18,759.41 Sterling Codifiers $5,796.00 Stevens $3,996.45 Strypes Plus More $2,732.31 Sussex Mgmt. Assoc $1,260.80 Teenies Inc. $23,399.00 Temple Display $7,722.00 Terry's of Peotone $3,510.00 The Site $7,967.00 THK Associates $3,500.00 Thomas Alarms $20,748.83 Thomas Appraisals $14,598.54 Traffic & Parking Control $8,406.00 Treasurer State of Illinois $5,349.00 True Green Chem Lawn $1,459.00 Tucker Development $77,217.60 Turf Professionals $6,403.63 Ulrich Chemical $2,589.10 Ultimate Office $2,796.67 Unified Supply $3,051.42 Unique Products $5,348.16 United Parcel Service $7,367.08 Universal Inc. $1,611.58 University of Illinois $84,226.17 US Filter $2,176.09 Van Mack Electric $104,443.06 Wackerline Used Farm Equip $19,230.65 Walmart $69,701.54 Walter Deuchler Associates $4,921.74 Walter, Russell $113,167.91 Waste Management $1,200.00 Water Products $1,511.00 Waubonsee Community College $363,151.76 White, Ken $1,367.00 Wholesale Tire $3,699.00 Williams Architects $6,328.93 Williams Development $3,152.00 Willman & Groesch $7,061.59 Wire Wizard Illinois $7,324.81 World book $1,104.00 Yackley All Weather $1,411.19 Yorkville Economic Dev. Corp $1,850.00 Yorkville Kitchen & Bath $45,000.00 Yorkville Napa $2,599.35 Yorkville National Bank $258,019.35 Yorkville Postmaster $9,607.91 Yorkville School Dist. #115 $399,716.00 Zeiter Dickson $1,395.00 All other disbursements less than $1,297,290.92 $1,000.00 TOTAL $7,945,258.00 United City of Yorkville °m EST. 1 �`1836 County Seat of Kendall County 800 Game Farm Road '� U) Yorkville, Illinois 60560 Phone:60 553 4350 Fax:630-553-7575 AGENDA ,t, it � COMMITTEE OF THE WHOLE Tuesday, October 21, 2003 7:00 PM City Conference Room Public Hearing: None Presentations: 1. Dhuse Property - Concept Plan/Wiseman-Hughes - Plan Comm 10/8/03 Note: "CA" denotes a recommendation by the respective Committee for that item to go on the Consent Agenda of the City Council Agenda. Mayor: 1. NIU Downtown Study 2. Adhoc Committee for City / School District #115 3. Ordinance Amending Ordinance No. 2003-30 Amending the Liquor Control Ordinance allowing Sampling or Tasting of Alcoholic Liquors from Class A License Holders to Class B Attorney: 1. Cooper Land Purchase Public Works Committee: 1. No Report. Economic Development Committee: 1. Zoning Variance for Kimberly & Michael O'Malley, 906 Morgan Street - ZBA 10/14/03 Public Safety Committee: 1. No Report. Page 2 Committee of the Whole October 21, 2003 Administration Committee: 1. Internship Manual - Admin 10/9/03 2. Hire Part-time Secretary for City Council - Admin 10/9/03 3. Funding for Library Building Expansion Project - Admin 10/9/03 4. In-town Road Program - Smith Engineering Contract and Funding Park Board: 1. Concord Homes - Raintree Village Park Land 2. Beecher Use - COW 10/7/03 Executive Session: 1. For the purchase or lease of real property for the use of the public body. Additional Business: =` <0D T C, ` United City of Yorkville County Seat of Kendall County EST.eiti 1836 800 Game Farm Road �� Cl) Yorkville, Illinois 60560 O (i-T ' Q t. Phone:630-553-4350 �,� ' K s= Fax:630-553-7575 MEMORANDUM DATE: October 3, 2003 TO: Tony Graff, City Administrator k. FROM: William A. Dettme Official SUBJECT: Downtown Plan Per your request, I did contact Roger Dalhstrom with Northern Illinois University to discuss the proposal they had submitted to the City, especially dealing with the condition of the downtown structures. His recommendation was to remove the Exterior Building Condition Survey map (attached hereto), since it would not affect the overall report. Please let me know if you have any questions regarding this matter. , Cityof Yorkville, Illinois , „ Exterior Building Conditions , ,, f,,„ '-'1 0 4'.i , , e ; 1111Hydraulic Avenue Hydraulic Avenue I - - i.Nr g9� yl4ilYY. v/ II '' N ., . ging ,•1./ 1l ;�•a1:i �,,!�, 1 „ _=z$ g,; , , 0341,1, .Q �I�pill/l �E/ ( t. )9 �ti� � "�e� %,r: "—' o a/�! QµJ, ,��iii co 11,I i 7ea.„ Nh� /r�r�pi� Iy co • so p9 / r > e rhAlt?, 1Van Emmon Street k�-w Van Emmon StreetI ; 0 �illJ t �'hv„ r r N -0; r, s ali cn 1 k •1/.; - ; NI 11111111111 Irl5u1ssl` s 0 Q42 Iliffilli//161111111111 <4'1'3 0) /�da :' IJ ,:1';' 4�, .� r .tiGx Madison Street 111/1///111110,1411111111111 F��,`i,"�lrP, ! J tr MIIIII /111111111 111111111111111111111 MINN 1111111111 .....rj xiiirmain iiip ....,n iiiiiiii....'"'","I'Irs „,,iiiiiii----- jp, r,,,,r; A � �t I ilf III 1111111111111111111Ti -11111 Illf itsliolitlilllifilly FEE3T_Eii rill/1r 0 Exterior Building Condition 500 1000 1500 Feet Very Poor ® Poor Map prepared by: Fair BIN Good The Center for Governmental Studies, NIU 2/26/02 Excellent Source: Exterior Building Condition Survey 2001 tA (k, 14- -7) COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) 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 LIQUOR BY CLASS B 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 B 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 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: 1. Section 3-3-4(B) shall be amended to add the following paragraph: A holder of a Class B and B1 license may furthermore be permitted to allow the sampling and/or tasting of the products being sold subject to the following restrictions: Page 1 of 3 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 two ounces or less of beer and/or wine; and the samples and/or tastes shall be limited to give one or two ounces less of liquor. 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 WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO Page 2 of 3 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 3 of 3 United City of Yorkville October 15, 2003 TO: City Council FROM: Anna B. Kurtzman, AIC4 SUBJECT: Zoning Variance Request 906 Morgan Street ZBA 2003-18 REQUEST: The applicant's, Kimberly and Michael O'Malley, home is located at 906 Morgan Street and is zoned R-2. They are seeking an 12-foot reduction in the rear yard setback(from 40 feet to 28 feet)to modify the size of the house (Variation to Section 10-6B-4(C)). The premises presently has an enclosed porch that extends 12 feet into the required setback, however, no records have been located demonstrating that a variance was granted for this porch(this porch is 12 by 19 feet). The applicant's are seeking to remove the existing porch and extend the existing living room by 12 by 17 feet. They have also indicated that they would like to increase the basement by a like dimension. STANDARDS FOR GRANTING A VARIANCE: Section 10-14-5(C) of the Municipal Code indicates that the Zoning Board of Appeals shall not vary (or make a recommendation to vary)the regulations of the Zoning Code unless it has made findings based upon the evidence presented to them for each specific case based upon specific criteria. The Zoning Board of Appeals conducted a public hearing on Tuesday, October 14th to solicit information about the case. Other than the petitioners no one was present from the public to provide testimony. After presenting their case and answering questions raised by the Board, the Board closed the hearing and made the following findings of fact on this case. 1. Because the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. It was determined that there are no topographical or other physical constraints to the property that would prohibit strict adherence to the zoning code. 2. The conditions upon which the petition for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the same zoning classification. The Board determined that the existing enclosed porch, which already extends 12 feet into the rear yard setback, creates a situation that does not generally apply to other lots within the R2 zoning district. It was also noted that apparently the dimensions of the existing lot have been modified over time in such a way that the present property is smaller in size from the original platted lot. 016, Zoning Board of Appeals 906 Morgan Street—ZBA2003-18 October 15, 2003 Page 2 of 2 3. The alleged difficulty or hardship is caused by this Title and has not been created by any person presently having an interest in the property. The petitioners stated that the existing enclosed porch has ingress/egress from the outside through their children's bedroom, thus creating a potential dangerous situation. The Board agreed with this assessment and also noted that the present owner did not build the existing enclosed porch. 4. The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The Zoning Board of Appeals noted that removing the existing porch and creating a 12 by 17 foot addition to the house that extends into the rear yard setback will not negatively impact the neighborhood. 5. The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger to the public safety, or substantially diminish or impair property values within the neighborhood. The Board determined that the proposed addition will not impair light/air to adjacent properties, nor will it increase congestion of public streets. They also determined that the proposed addition will not adversely impact public safety or impact property values within the neighborhood. The Board indicated that, in regards to safety, removing the existing porch will actually improve the safety of the children who sleep in the adjacent bedroom, while removing a structure that is questionable as to whether it meets any building code. DECISSION Upon closing the hearing and making the findings of fact listed above, the Zoning Board of Appeals voted 4-0 to recommend approval of granting a 12 foot reduction in the rear yard setback(Section 10-6B-4(C)). (Mike Skinner made the motion with Benjamin Moe seconding. All members present voted in the affirmative (Members present: Harold Feltz, Bill Davis, Mike Skinner and Benjamin Moe).) As the requested variance is greater than a 10%variation (27.5% variation),the ZBA's recommendation is not final and is forwarded to the City Council (Per Section 10-14-5(D)). Therefore, Staff respectively requests that the City Council take final action on the petitioner's request. /abk Attachment—application C: K. & M. O'Malley ZBA II ` f Kimberly & Michael O'Malley 906 Morgan Street Yorkville, Illinois 60560 630-553-5807 August 25, 2003 United City of Yorkville Zoning Appeals Board 800 Game Farm Road Yorkville, Illinois 60560 To whom it may concern: I am writing this letter to you concerning my application for a variance (10- 6B-4.C). This variance would allow us to move our existing porch to the rear center of our home, moving the rear entrance to our home off of our living room as opposed to a current bedroom. Our main reasons for applying for this variance are: • First of all, for increased safety of our home and family. We would like to remove the rear entrance of our house so it is no longer in our eldest daughter's bedroom. • Secondly, we would like to have a usable porch. This variance would allow us to use our porch all year round and would increase our living space. • Finally, this would be a great improvement to our home. We would not be adding anymore onto our exiting house, we would just be moving it to a different location. This would not affect any of our neighbors. Sincerely, Kimberly & Michael O'Malley ae GPs.sa is OUR 00). CITY of YORKVILLE R 114' County Seat of Kendall County Rec. f p 111 W. Fox,Suite 3 # i Yorkville, IL 60560 LE 630-553 -4350 APPLICATION VARIANCE REQUEST 1. NAME OF PETITIONERS): Rticjoae,t 1‘ei uv' Kidoertj 6% t 2. NAME OF HOLDER OF LEGAL TITLE, IF DIFFERENT FROM # 1: 3. IF LEGAL TITLE IS HELD IN A LAND TRUST, LIST THE NAMES OF ALL HOLDERS OF ANY BENEFICIAL INTEREST THEREIN: 4. a.) STREET ADDRESS & PHYSICAL LOCATION OF SUBJECT PROPERTY: CtO(P) 1`ilocc 5-kc-ed- Vo -u t lP , -FL 6c56° )a) PROPOSED NAME OF SUBDIVISION: - LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE ANNEXED AND REZONED: (If more space is needed,attach as Exhibit"A"). d.) KENDALL COUNTY PARCEL NUMBER(S) OF PROPERTY FOR WHICH` VARIANCE IS SOUGHT: 05 `3`3"405 ~O2k, NAMES & ADDRESSES OF ANY ADJOINING OR CONTIGUOUS LANDOWNERS ENTITLED TO NOTICE OF PETITION UNDER ANY APPLICABLE CITY ORDINANCE: (If additional space is needed,attach a separate list as Exhibit"B") Page 2-Application for Variance 6. STATE THE VARIANCE REQUESTED, AND THE CITY ORDINANCE INCLUDING THE SECTION NUMBERS TO BE VARIED: \lof i ctITE, -6en 10- - 4. C. 7. NAME, ADDRESS, AND PHONE NUMBER OF PERSON TO WHOM INQUIRIES REGARDING THIS PETITION MAY BE DIRECTED: Mid OPAa tet or Yieirk ex[y to i 'MO 1`M(wC4cuvl 5t. Vack.i i (6-5o3-S` - 8. SUBMIT APPLICATION WITH A FILING FEE IN THE AMOUNT OF $ (5 (See attached Ordinance#1992-16,and verify amount with Deputy Clerk.) 9. SUBMIT 35 COPIES EACH OF THE APPLICATION, PROPOSED DRAWINGS, LOCATION MAP, SITE PLAN, AND ANY OTHER PERTINENT MATERIALS TO THE CITY CLERK. (Large items must be folded to fit in a 10"x 13"envelope.) IN WITNESS WHEREOF THE FOLLOWING PETITIONER(S)HAVE SUBMITTED THIS APPLICATION UNDER OATH, AND VERIFY THAT TO THE BEST OF THEIR KNOWLEDGE ITS CONTENTS ARE TRUE AND CORRECT: PETITI,ONER(S). Legal prope owners signature must appear/.on1�thiis application. e5:":70, UN r� 11 SUBSCRIBED AND SWORN BEFORE ME THIS a1 DAY oFfzu(,J,a- , )003 "OFFICIAL SEAL" Donald Paul Schwartzkopf Notary Public, State of Illinois My Commission Expires Nov. 9, 2005 THIS APPLICATION MUST BE NOTARIZED VARIANCE \e-DS 1 n I 4- / =„ / I �, 1 a (-.<" S ,1 1 r I , y,/,,,v, /\ SI I „ � � /lou/3j K a 9 0l I —_ -- — — I�/( ( ( % ) fiioo„l 470 V _ I I �. - woo..) w I 1 \ I 1 r+ N ,SZ' 1 1 1 % 1 / I X ' r6° 0/7 I �1 -+----- 1 I ic \ V_ 1 1 _ 1S v-, X1010/ I � M I I Al .�ti� Ci).,.. `�- eut I :40,--N,96 ' O 1.ifeh_ rLe_ O > : Z .741.-6 N‘')# UNITED CITY OF YORKVILLE INTERNSHIP AND FIELD WORK PROGRAM OVERVIEW WELCOME We want to welcome you to the United City of Yorkville. We understand that selecting your fieldwork or internship site is a very difficult process. We encourage students to think about what BENEFITS the overall experience will give to future full time employment in their chosen field. The staff at the United City of Yorkville is very proud of our internship program in the fields of Recreation, Public Administration, Public Safety, Public Relations or Communications. Your internship placement with the United City of Yorkville will provide you with the"hands on" experience you will need in order to obtain your first professional position in your chosen field. Students in related fields of study who desire practical experience in a municipal setting are encouraged to meet with the City Administrator or designated Department Head to determine if this placement meets your needs. Meet with the United City of Yorkville staff and find out what we have to offer you as your internship or fieldwork site. INTERN & FIELD WORK STUDENTS In addition to the designated area of concentration, all students will receive an overview and practical experience within all departments of the City. This will provide the students with a global overview of the intra-workings of municipal government and individual departments. Administration City Council Finance Economic Development Clerk Building &Zoning Engineering Park& Recreation Public Works Public Safety This field experience with the United City of Yorkville is designed to prepare the student for an entry-level position in the field, and to bring the four years of higher education into focus. This handbook is to be used as a tool for orienting the student to the City and for answering questions. As an intern,you are encouraged to ask questions and make suggestions. Interns provide the City with a means for exchange of innovative ideas and newly gathered knowledge. We invite your interests, creativity and enthusiasm. There are so many directions you can take during your internship...reach out and try them all;your time to experience and learn is now! INTRODUCTION TO THE UNITED CITY OF YORKVILLE The United City of Yorkville is located 55 miles southwest of Chicago, and has a population of almost 7,000 people. Since the establishment of Yorkville, more than 160 years, the history of Agriculture and rural atmosphere is disappearing by the growth of urbanization and movement ofthe surrounding suburbs. In Kendall County,the Fox River is the centerpiece of several historic towns,such as Yorkville. The Fox River flows 115 miles from southern Wisconsin to northern and central Illinois. Yorkville,and towns have worked hard to restore the downtown riverfront areas,whilepreservingthe neighboring natural state of the river. The United City of Yorkville is governed by a Mayor and City Council form of municipal government and approval process. The daily decisions and administration of the City's operations are directed through a full time City Administrator, who is responsible to the Mayor and City Council. UNITED CITY OF YORKVILLE' S DEPARTMENTS AND SERVICES Administration City Council Finance Economic Development City Clerk Building & Zoning Engineering Park &Recreation Public Works Public Safety DEMOGRAPHICS County: Kendall Population (2003): 6,189 Projected Population(2008) 11,000 Households (2003) 2,800 Median Household Income $63,546 INTERNSHIP OVERVIEW AND FOCUS AREAS Student interns may be involved in a wide range of responsibilities including cross departmental support and awareness in the total operation of municipal government. All internship programs may include the following requirements: Establishment of Internship goals and projects Receive weekly supervision and guidance Attendance at City Council Meetings Attendance at selected Committee Meetings Attendance at selected County Meetings Attendance at other relative organization/board meetings Completion of weekly reports Completion of a mid and final project Cross departmental orientation and exposure in all facets of municipal government AREAS OF CONCENTRATION The following are the focus areas for the different types of internship programs based on the area of concentration that are currently offered by the United City of Yorkville. YDRKv1LL.E Piro Public Park and Recreation Yorkville Park and Recreation is participating with various PARKS & RECREATION colleges and universities in offering a field work/intern experience for students majoring in Recreation Administration and/or related fields (undergraduate and graduate level). The department believes that an intensive on-the-job field experience will benefit the student, the United City of Yorkville, the community, and the leisure services field in general. The areas the student will be exposed to include; • Recreation program development • Supervision and implementation of weekly programs, special events, trips, leagues, day camps and citywide events. • Establishment of cooperative agreements • Sponsorship solicitation and grant applications • The development of Public Relations information including:brochures,flyers,newsletters, press releases, service reports and master plan updates. • Target surveys and areas specific evaluations • Statistical reports based on attendance • Involvement in the parks maintenance standards and the overall operation of the Parks system • Involvement in daily administrative duties • All areas of technology and registration Public Administration This field experience with the United City of Yorkville is designed to provide students (undergraduate and graduate level) with"hands on" experience in the field of municipal Public Administration. Areas the students will be involved in will include: • Development and management of Capital Budgeting • GASB implementation and other technology related functions • Development of a PUD agreement and the developers process • Develop a management plan for an area of municipal government • Analyze statistics • Evaluate the delivery of Human Service area • Long term projects identified by the City Administrator • Overall Public Relations information for the City • Target surveys • Involvement in daily administrative duties Public Safety Yorkville Police Department Internship Guidelines (Document Attached) Public Relations & Communication The United City of Yorkville is participating with colleges and universities in offering fieldwork practicum experiences of students majoring in Public Relations & Communications and/or related fields. The City will provide a wide range of experiences and opportunities in the areas of Public Relations &Communications in the field of municipal government. This field work/practicum experiences with the United City of Yorkville is designed to prepare the students for an entry-level position in Public Relations in the field of public service,all departments within local government, and/or municipal settings. Students will be involved in a comprehensive and diverse media program for the services and all facets of municipal government that includes: • Written media programs including: press releases, brochures, flyers, and area specific booklets. • Statistical analysis that will include the development of targeted marketing plans,consumer analysis surveys and satisfaction studies. • A wide range of Oral media programs including: cable production, community interviews, community presentations, and reports to City Council. • Benefit related marketing plan. • Coordinate programs with the Yorkville's Economic Development,Tourism and Chambers Programs • All department public relations programs. • Involvement in daily administrative duties • All areas of Human Service and resident marketing programs YOUR ROLE AT The United City Of Yorkville The United City of Yorkville's internship program is designed to provide students in Parks and Recreation,Public Administration and Public Relations/Communications curriculums an opportunity for a comprehensive fieldwork experience. Students who are interviewed and selected for fieldwork placement at Yorkville will be expected to accomplish specific tasks during their internships;these tasks are their primary responsibility. Students must plan time and organize his/her schedule to accomplish expectations. Because each college internship is different,each student's program will be dealt with on an individual basis. All projects and specific areas of concentration will be developed during the first week of the student's internship through the establishment of goals. The internship plan will include specific projects to be accomplished; stated goals and experiences the student desires to accomplish; and an outline of daily work schedules. The student, the United City of Yorkville's City Administrator or designated Department Head and the University and/or College Field Supervisor, will agree upon this plan United City of Yorkville' s ROLE IN YOUR INTERNSHIP 1. Provide a professional staff in the role of direct Supervisor for student interns. 2. Provide required number weeks of fieldwork placement and experience in a municipal government setting as an extension of the student's learning process. 3. Provide orientation to all departments and staff during internship. 4. Make all full-time staff aware of student intern's arrival, purpose and expectations. Make each person aware of his or her importance in contributing to the success of the internship. 5. Help intern work out a schedule of timelines for all reports and assignments, etc. 6. Give directions and guidance as to work assignments, presentations and professional involvement. 7. To provide space, equipment and tools necessary to perform job effectively. 8. Completion of a mid-term and final evaluation. 9. Complete all required forms necessary for placement from college/university. During their internship,students are encouraged to maintain school health insurance. Some schools may insure their students for legal liability during their fieldwork experience. The United City of Yorkville provides liability insurance and workmen's compensation should a field work student get injured on the job. COOPERATIVE AGREEMENT FOR FIELD PLACEMENT Field Placement Site: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 630 / 553-4350 University or College: Address: Internship Supervisor: Phone Number: Student Name: Address: Phone Number (home): Phone Number(school): The United City of Yorkville agrees to accept: as an intern student for the dates and conditions as stated below: Dates: Weeks: Hours per week: Stipend (if applicable) Accommodation: COOPERATIVE AGREEMENT FOR FIELD PLACEMENT THE FIELD PLACEMENT STUDENT WILL: 1. Work approximately 40 hours a week. (A flextime system will be in effect to compensate the student when hours worked per week exceed 40 hours). OR 20 hours per week for part- time field work students. 2. Adhere to all administrative policies;the practices outline in the employee manual; all City policies and procedures; and all departmental regulations and practices of the City and University or College. 3. Attend staff meetings and other professional meetings,obtain work-related certifications and participate in service training sessions as required by the City. 4. Complete all University or College assignments. 5. Complete all projects as established in the internship plan. 6. Submit:weekly reports,initial and final reports,special project assignment summaries,mid- term and final evaluations of students work performance, and field placement site evaluation, among other assigned written responsibilities as specified by the City and University or College. 8. Act in a responsible manner observing all safety precautions throughout the entire internship experience. 9. Work cooperatively with University or College supervisor and assigned United City of Yorkville Field Placement Site Supervisor in order to maximize the student's professional growth and development. IT IS UNDERSTOOD BY THE STUDENT THAT ALL THE ABOVE ARE TO BE COMPLETED BEFORE A FINAL GRADE WILL BE GIVEN. THIS COOPERATIVE AGREEMENT WILL REMAIN IN EFFECT UNTIL WRITTEN NOTICE IS RECEIVED BY THE UNIVERSITY/COLLEGE, STUDENT, OR FIELD PLACEMENT SITE SUPERVISOR, INCLUDING DESIRE TO TERMINATE. THE FIELD PLACEMENT STUDENT WILL BE TERMINATED IF: 1. He/She is not making satisfactory progress in the field placement program as determined by either the University/College Supervisor or the Field Placement Supervisor. 2. Failure to comply with field placement site regulations,policies and standards. COOPERATIVE AGREEMENT FOR FIELD PLACEMENT The student authorizes the United City of Yorkville to provide information regarding past or present employment performance to perspective employers, and releases said employers from any and all liability that may arise from providing information. The student releases and will not hold the United City of Yorkville any of their employees, City Council Members, Board Members, and agents, responsible for any liability arising out of participation in this field placement program. I understand that the United City of Yorkville does not carry medical insurance for interns. I have read this manual and understand and agree to adhere to all United City of Yorkville's policies and procedures. DATE: STUDENT: DATE: UNITED CITY OF YORKVILLE SITE SUPERVISOR: TITLE DATE: UNIVERSITY OR COLLEGE SUPERVISOR: `•ASO Co.j' 20 ,,,,- Ifit r Yorkville Police Department EST1114P 1836 p Internship Program Guidelines <LE 0" Accountability • Interns will be assigned to the Training Section and will be under the direct supervision of the Training Supervisor. Duties • Interns will be assigned to Support Services, Patrol, Investigations, Crime Prevention and other specialized sections in order to familiarize the intern with each operation. Their specific duties during these times will be determined by that section. • Interns may be required to do special studies and prepare written reports as the needs of the Yorkville Police Department dictate. • The intern may be asked to participate in special programs. Written and oral communication skills are emphasized during this program. The focus is on staff functions rather than ride-alongs. Work Hours (Unpaid Internship) • The number of work hours is based on the number of college credits given. • It is expected that the interns will work approximately three hours a week for each credit hour given. Work hours will normally be between 0600 hours (6:00am) and 2300 hours (11:00pm), Monday through Friday, unless given permission of training supervisor. Requirements • All candidates must complete and submit a written application. • Applicants are to contact the Training Supervisor at 630-553-8504 to make arrangements for a personal interview. • All interns are subject to all rules, regulations, policies and procedures of the Yorkville Police Department. Yorkville Police Department am EST1836 InternshipProgram Guidelines Ilk CI ': Ii...:--,IL ~ � 9 , I Kaeri c„�,q.. ` <LEXV\' Requirements (Continued) • Interns must carry health and injury insurance during their internship. Such coverage is normally available from the college or university. • Interns must complete and sign a waiver of liability each time he/she is assigned as a ride-along with a police vehicle. 'p Selection • • Juniors and seniors pursuing careers and majoring in a law enforcement curriculum will be given first consideration. • After candidates are selected, they will receive confirmation of their acceptance. a ;gS ''. I voluntarily agree to a background check to confirm my suitability for the Internship Program. I further understand that any violation of the rules and regulations of the Yorkville Police Department may terminate my internship period. I have read and understand these guidelines outlining the Yorkville Police Department Internship Program and its requirements. Applicant Signature Date Witnessed I A - ' i -) 1 : f -0. United City of Yorkville Memorandum EST.itV g1836 800 Game Farm Road NII Yorkville, Illinois, 60560 743 3Li if? Telephone: 630-553-4350 4,1 Keodaif C° ? Fax: 630-553-7575 <CE10>' Date: October 17, 2003 To: Mayor & City Council From: Traci Pleckham - Finance Director CC: Tony Graff - City Administrator Subject: Funding for Library Building Expansion Project As discussed at the 10/09/03 Administration Committee meeting, the Library Board recommended Ehlers & Associates as their Financial Advisory Service Provider for the Library Building Expansion Project. At this time, the Board also recommended only fees of $8,500, relating to developing a financial plan, pending funding through the City. At this time, Administration Committee recommended that staff research if the $250 Library Development Fee can be used for this purpose. Otherwise, the Committee recommended to re-visit funding for this project through the revised budget process next month. Contract Agreement for Independent Financial Advisory Services Library Building Expansion Project Yorkville Public Library and the United City of Yorkville Prepared by Ehlers & Associates, Inc. Naperville, Illinois September 2003 TN I '4 ASSal 1411-i I11 1001 E ChicagoAve.Strife 135 Naperville,IL 60540 630355.6100 www.ehlers-inc.corn EHLERS & ASSOCIATES INC September 18, 2003 - Board of Library Trustees Yorkville Public Libary Attn: Michelle Pfister,Library Director - 902 Game Farm Road Yorkville, II. 60560 Dear Board of Library Trustees &Ms. Pfister: Enclosed is a proposal agreement to serve as your independent public finance advisor for your upcoming project. My role is to assist you in making financial decisions about the project. This includes preparing a financial planning report that could possibly lead to a referendum. The financial plan will include an analysis of your current and future • operating budget and a financing plan for the funding of your proposed project. I have also included a separate agreement to assist you with a referendum information program, assuming a referendum is required. The City will determine who will supervise any bond issue that is needed to fund the project. We have worked for many area libraries and references are listed in this booklet. I welcome the opportunity to serve the Library. Best reg. •I 1 eve H. Larson, CIPFA Executive Vice President Cc Anton Graff, City Administrator A Equal Opportunity Employer LEADERS IN PUBLIC FINANCE Charter Member of the National Association of Independent Public Finance Advisors 1001 East Chicago Avenue, Suite 135, Naperville, IL 60540 630.355.6100 fax 630.355.6177 www.ehlers-inc.com Contract Agreement for Independent Financial Advisory Services for a Library Building Expansion Project for the Yorkville Public Library and the United City of Yorkville The Yorkville Public Library(the"Library"),First Party,hereby employs Ehlers&Associates,Inc., Second Party, upon the following terms and conditions. Second Party shall act as financial advisor and consultant to First Party,and in said capacity shall perform the following services,not to include the performance or furnishing of any legal,architectural or promotional services. Financial Planning Report Ehlers&Associates,Inc.will develop a plan for funding the future operation of the Library. This plan will assume the current building space will be expanded and parking will be improved. The plan will also include financing options for the construction of the addition. We will evaluate various options for financing the library project: (1)General Obligation Bonds; (2)General Obligation Debt Certificates; (3)General Obligation Bonds (Alternate Revenue Source). The increased library space will cost more to operate. This report will include a financial study that will identify how much the current Library Corporate Fund Tax Rate needs to be increased,if any,in order to operate the larger library building. We will meet with the librarian,staff and Library board to determine the future needs and expenses of operating the Library. For the financing options we will prepare alternative retirement schedules to determine what the tax rate would need to be if we sold a specified amount of bonds/notes over various time periods up to 20 years. The amount of the issue will consider interest income, reserve funds, a state library construction grant, endowments, and other sources. The Financial Planning will follow these steps: 1. Prepare a historical summary of the Library's revenues and expenditures for the last five fiscal years. Included in this summary would be an updated forecast of the Library's revenues and expenditures for the current fiscal year 2. Analyze the historical,current and financial operations of the Library and use this analysis as a basis for forecasting future revenues and expenses. 3. Meet with the Librarian and staff to further analyze the historical, current and future financial operations of the Library. Major expenses that will be evaluated include staff, library materials, automation, utilities and maintenance. Contract Agreement for the Yorkville Public Library and the Page 1 United City of Yorkville 4. Prepare a detailed projection of the equalized assessed valuation of the Library and City over the next 10 years. Research will include review of building activity,discussion with assessors and building and planning departments. 5. Consider the"tax cap"implications with these projections. 6. Evaluate other sources of funds that may be used to help operate and finance the expanded library. These sources of funds will include,but not be limited to the building and maintenance fund, special reserve funds,funds from the United City of Yorkville, the working cash fund and real estate. 7. For the mortgage note option,verify that the total amount of Library Building Mortgage Notes does not exceed 75% of the total project value as improved. 8. Utilizing as a basis the data gathered from items 1 through 7,prepare a projected flow of funds over a maximum of 20-year period. The flow of funds will include a forecast of the various revenue sources,operating expenditures,debt service and fund balances. A tax rate will be suggested from the flow of funds statement. 9. After the financial planning is completed, provide a summary of the study and make recommendations to the board regarding the funding of the project. This summary will include a projected tax rate needed to operate and finance the expanded library. 10. Assist the Library Board in finalizing a financial plan. Issuance and Sale of Library Building Bonds or Notes A. Preliminary Planning and Work 1. In additions to the financial planning described,Ehlers&Associates,Inc.will provide other financial advisory services,both before and after the election,to include: a. establishment of a bond sale timetable; b. study and salability of alternative retirement schedules considering their effect on taxpayers; c. timing of the sale to take advantage of market conditions; d. evaluating the terms of the sale; e. analysis and advice regarding the procurement of a bond rating and/or municipal bond insurance; 1. other recommendations with regard to bringing the bonds or notes to sale. 2. Work with Administration and its local and bond counsel in all technical matters related to the issue. This includes making sure the proper steps are taken to adopt the election ordinance to place the question on the ballot. 3. Provide a cost interpretation that can be utilized to inform the public about the tax impact of the library project. 4. Be available to represent the Library as their financial expert at public meetings. Contract Agreement for the Yorkville Public Library and the Page 2 United City of Yorkville B. Bond Marketing 1. Preparation and submission of all information needed for making application for a bond rating to Moody's Investors Service and/or Standard&Poor's and qualifying the issue for municipal bond insurance. 2. Preparation of the official statement (bond prospectus), and submission to all potentially interested banks and investment houses(includes local banks in the area), including the acquisition and compilation of the financial information needed for the preparation of said official statement. As required by the Security Exchange Act rule 15©2-12,Ehlers&Associates,Inc., will assist the Library and City with compliance preparing a Near-Final and Final Official Statement. Before final copy is sent out to banks and investment houses,the Library and City officials will formally approve the Near-Final Official Statement. 3. Personal conference with the bidders and solicitation for bond bids. 4. Placing of information concerning the sale in trade publications, such as the "The Bond Buyer,"to attract additional attention to the sale. 5. Supervision of the sale. 6. Supervision of printing,registration,signing and delivery of bonds. 7. Assistance with investment of idle funds from bond proceeds,if desired. 8. Cooperation with local and bond counsel in matters related to the issuance of said bonds. Ehlers &Associates,Inc. agrees to pay all of the following expenses: all salaries,wages,travel expenses,living expenses,and office expenses of Ehlers&Associates,Inc.,its agents,employees,and associated consultants. The City or purchaser would pay for printing and registration of bonds,official statement printing and mailing, bond rating, opinion of bond attorney, and for other expenses of said bond issue not assumed herein by Ehlers&Associates,Inc. Contract Agreement for the Yorkville Public Library and the Page 3 United City of Yorkville Professional Fees The fee for financial advisory services to develop a financial plan will be $8,500. The fee to supervise the sale of the bond issue will be$17,500. The fee to supervise the sale of the bond issue is due at the delivery of the bonds. One-half of the fee for the financial planning report will be due after this agreement is approved by the Board. The balance of the fee is due upon completion of the report. The fees can be paid out of the proceeds of the bond issue. Contract agreement for independent financial advisory services to develop a financial plan is approved this day of ,2003,by the Yorkville Public Libary,in accordance with a motion duly made, seconded and carried by an aye and nay vote of said Board. Yorkville Public Library Ehlers &Associates,Inc. Kendall County,Illinois Naperville,Illinois First Party Second Party By: By: President,Board of Library Trustees Steve H.Larson, CIPFA Executive Vice President By: Secretary, Board of Library Trustees Contract agreement for independent financial advisory services to supervise the sale of bonds or other debt is approved this day of , 2003, by the United City of Yorkville,in accordance with a motion duly made,seconded and carried by an aye and nay vote of said Board. United City of Yorkville Ehlers &Associates, Inc. Kendall County,Illinois Naperville,Illinois First Party Second Party By: By: Mayor Steve H.Larson, CIPFA Executive Vice President By: Clerk Contract Agreement for the Yorkville Public Library and the Page 4 United City of Yorkville Library Background Information Associated Municipal Consultants, Inc. ("AMC") and its school division, Illinois School Consulting Service,("ISCS")has been serving as independent public finance advisors for local units of government since 1952. In 1999 AMC/ISCS merged with Ehlers & Associates, Inc. Ehlers & Associates, Inc. is a leader in public finance. Ehlers provides independent financial advisory services to local government in Minnesota, Wisconsin-and now Illinois. Since 1955, Ehlers has grown into one of the region's largest and most active financial advisors. The foundation of Ehlers service is debt issuance and management. Representatives of the Illinois office include Steve H. Larson,John V.Repsholdt,Beth Ruyle and Dr.David S.Lundeen. Our experience over the years has enabled us to give libraries assistance in a variety of areas. These areas often fall together when a library is looking at a building program. We are able to provide optimum benefits to our clients when we are involved from the initial planning stages. Our help"up front"helps the administration and board to move efficiently through much of the decision- making process. This full range of financial consulting services that enable us to give start to finish professional assistance on a library building project usually fall into the following categories: A. Financial Planning Report—Developing a plan for funding the project and a plan to determine the increased costs of operating a larger library. B. Citizens' Committee Study—a four to six month study process that can be utilized to help develop a plan for a building project and gain a broader base of understanding and support for a library building program. C. Referendum Help—Organizing and coordinating people resources to properly inform the public about the need for a new library and/or operating rate increase. D. Planning, Marketing and Sale of Library building Bonds and Library building Mortgage Notes — Independent financial advisory services to supervise the entire financing process so that the lowest possible interest rates and costs can be achieved. Contract Agreement for the Yorkville Public Library and the Page 5 United City of Yorkville Steve H. Larson wy 4 EXPERIENCE > Actively involved as an independent public finance advisor oIM aa, a V ° since 1980. x � > Serves as independent financial advisor to cities, villages, ' library districts , park districts , counties, colleges, school of c- al districts, and special districts in Illinois. > Supervised the sale of over$300,000,000 of debt over the last three years. "' °it; ➢ Experience includes financial and enrollment studies, ° referendum information programs, and citizens' advisory committee studies. :414 n'17 ., irsr'"es uca° e, ser' ➢ Credit analysis/presentation to Moody's Investors Service � °4TS1 IY1TS1 �' i - , and Standard&Poor's,resulting in numerous upgrades. > Past President of National Association of Independent Public Finance Advisors (2000-2002) AIPFA .164 SPECIAL EXPERTISE > Creating and implementing finance plans for public improvement and public facility projects > Analysis of equalized assessed valuation growth > Analysis of the fiscal impacts of growth >. Management of growth, including annexation and consolidation > Operational budgeting and accounting > Capital improvement plan development and budgeting > Group decision making and public participation process > Referendum related services ➢ Strategic planning for referendum information programs > Advance refundings ➢ School,Park and Library Building Programs > Studies for community centers and golf courses ➢ Enrollment studies Contract Agreement for the Yorkville Public Library and the Page 6 United City of Yorkville R..Pecent Library Projects Conducted Under the Supervision of Associated Municipal Consultants Ehlers &Associates,Inc. Warrenville Public Library District Financial Planning—1996-2000 $4,950,000 General Fund Debt Certificates-2002 Barbara West,Director(630)393-1171 Ela Area Public Library District(Lake Zurich) $13,900,000 Library Bonds,Financial Plan—1999-2000 $3,500,000 Library Bonds,Financial Plan,Referendum—1989 $2,265,000 Refunding Bonds- 1994 Carol Larson(847)438-3433 New Lenox Public Library District $10,850,000 General Obligation Library Bonds-2000 Financial Planning Report—1998-2002 JoAnn Potenziani,Director(815)485-2605 i Plano Community Library District , $4,800,000 Library Bonds,Financial Plan—2001-2002 Deanna Howard, Library Director(630)552-8003 Summit Public Library District $4,950,000 Library Bonds, Full Referendum Assistance, Financial Plan—2001-2002 Daniel Farrell, Director(708)458-1545 Jennifer Johnstone, Board President Round Lake Area Public Library District $995,000 G.O.Bonds (Alternate Revenue Source)-2000 Financial Planning and Financing- 1997-99 $1,875,000 Library Building Bonds and Referendum- 1985 Paul Deane(847)546-7060 Algonquin Area Public Library District $7,800,000 General Obligation Library Bonds and Financial Plan- 1998-1999 Randy Vicek,Director(847)658-4343 Batavia Public Library District $8,800,000 General Obligation Library Bonds,Financial Plan and Referendum— 1998-2002 Margo Cooper,Director(630)879-1393 Contract Agreement for the Yorkville Public Library and the Page 7 United City of Yorkville Flossmoor Public Library , Financial Plan for a New Library and Referendum Assistance-2001-2002 James Himmel,Board President(708)798-4008 Orland Park Public Library Financial Plan for a New Library—2001-2002 Sharon Wsol,Director(708)349-8138 Green Hills Public Library District Financial Planning 2000-2002 Annette Armstrong,Director(708)598-8446 Homer Township Public Library District Financial Planning, Referendum Assistance 2001-2002, Sheree Kozel-LaHa,Director(708)301-7908 Cherry Valley Public Library District Financial Planning Report- 1999 Eve Kirk,Director(815)332-5161 Fremont Public Library District(Mundelein) . .. $9,995,000'Library Building Bonds—1998-1999 Financial Planning Report,Rate Increase Referendum- 1994 Kelly'Iieg-Sigman,Director(847)566-8702 Fox River Grove Public Library District $975,000 General Obligation Library Bonds- 1999 Merle Gunderman,Director(847)639-2274 Messenger Public Library of North Aurora Financial Plan- 2001 Bond Issue and Rate Increase Referendum 2001 Janet Leach,Board Member and Lynn Elam,Director(630)896-0260 Geneva Public Library District Equalized Assessed Valuation and Tax Cap Projections—2001 Jeanne Hintz,Director(630)232-0780 Glenside Public Library District $5,500,000 General Obligation Library Bonds(Alternate Revenue Source)—1999-2001 Financial Planning Report and Citizens Advisory Committee Study- 1995-96 Liz Fitzgerald&Kathryn Vojtech,Team Administrators(630)260-1550 West Chicago Public Library District Financial Planning Report— 1999 Julie Milavec,Librarian now at Plainfield(815)436-6639 Contract Agreement for the Yorkville Public Library and the Page 8 United City of Yorkville Worth Public Library District Financial Planning Report- 1999 Carol Hall,Adm.Librarian(708)448-2855 Zion-Benton Public Library District $4,975,000 Library Building Bonds,Financial Plan and Referendum- 1998 $500,000 Library Building Mortgage Notes and Financial Study- 1980 Financial Plan,Referendum- 1989 Cheryl Isom,Director(847) 872-4680 Schaumburg Township District Public Library $4,080,000 Refunding Bonds-2001 $18,000,000 Library Bonds,Financial Plan- 1995-97 Financial Plan-2000 Michael Madden,Director(847)885-3373 Huntley Area Public Library District $2,400,000 General Obligation Library Bonds,Financial Plan and Referendum 1995-97 Virginia Maravilla,Director(847)669-5386 North Suburban Public Library District $5,300,000 General Obligation Library Bonds,Financial Plan and Referendum- 1995-96 R • , Financial Plan- 1999 Ann Powell,Director(815)633-4247 Niles Public Library District $8,875,000 Library Bonds,Financial Plan and Referendum- 1995-96 Cary Czarnecki,Director,Joe Vlach, Business Manager(847)967-8554 North Riverside Public Library District $2,950,000 Library Bonds,Financial Plan and Referendum- 1995-96 Financial Plan 2001-2002 Robert Lifka,Director(708)447-0869 Indian Trails Public Library District(Wheeling/Buffalo Grove) $3,800,000 Library Bonds- 1995-96 Tamiye Treho Mehan,Director,(847)459-4100 Lincolnwood Public Library District $2,500,000 Library Bonds,Financial Plan and Referendum- 1995-96 Financial Plan 2001-2002 Kellie Flynn,Director(847)677-5277 Contract Agreement for the Yorkville Public Library and the Page 9 United City of Yorkville Wauconda Area Public Library District $4,500,000 Library Bonds, Fmancial Plan and Referendum- 1995-96 Tom Kern,Director(847)526-6256 Roselle Public Library District Financial Planning Report,Rate Increase Referendum, $1,150,000 Library Building Mortgage Notes- 1994-1996 Dianne Lueder,Director(Retired) (630)529-1641 Villa Park Public Library Fmancial Plan,Operating Rate Referendum- 1995 Ted Balcom,Director(630) 834-1164 Mokena Community Public Library District $3,400,000 Library Bonds,Financial Plan and Referendum- 1995 Phyllis Jacobek, Director(708)479-9663 Cary Area Public Library District Financial Planning Report,Referendum for a District Library, 1994-95 Diane McNulty, Director(847)639-4210 Bloomingdale Public Library $3,600,000 Library Bonds,Financial Plan and Referendum= 1994 • Mary Rodne(630)529-3120 Maywood Public Library District $6,721,000 Library Bonds- 1994-95 Stan Huntington,Adm. Librarian (708)343-1847 Bartlett Public Library District $3,200,000 Library Bonds, Financial Plan,Referendum- 1994 $240,000 Library Building Mortgage Notes and Financial Study- 1981-1982 Yvonne Beechler, Director(630)837-2855 Lisle Library District Financial Planning Report, 1994 (630)971-1675 Grayslake Area Public Library District $4,500,000 Library Building Bonds, Financial Plan,Referendum- 1993 Robbi Thomas,Director(847)223-5313 Crete Public Library District $2,975,000 Library Bonds, Financial Plan, Referendum— 1993 Financial Plan—2001 Jane Schulten (708)672-8017 Sharon Wsol(now at Orland Park) (708-349-8138 Contract Agreement for the Yorkville Public Library and the Page 10 United City of Yorkville Indian Prairie Public Library District(Darien/Willowbrook) $4,950,000 Library Bonds,Financial Plan,Referendum, Citizens'Committee Study- 1990-1993 Lee Schacht(630) 887-8760 Forest Park Public Library $2,695,000 Library Bonds and Financial Plan- 1993-94 John Sayers,Steve Wojtkiewicz(708)366-7171 Thomas Ford Memorial Library(Western Springs) $3,150,000 Library Building Bonds,Referendum,Financial Plan, 1991-93 Anne Kozak(708)246-0520 Arlington Heights Memorial Library $8,900,000 Library Building Bond Referendum- 1992 Kathleen Balcom(847)392-0100 Palatine Public Library District $15,500,000 Library Building Bonds,Financial Plan- 1989-91 $10,000,000 Refunding Library Bonds— 1993 $4,275,000 General Obligation Bonds, - 1998 Daniel Armstrong,Nancy Gross(847)358-5881 Northlake Public Library District $1,975,000 Library Building Bonds,Financial Plan,Referendum- 19901991 $1,212,000 General Obligation Refunding Library Bonds, - 1998 Jan Schmudde(708)562-2301 University Park Public Library District $1,250,000 Library Building Bonds,Fmancial Plan- 1990-91 $1,200,000 General Obligation Refunding Bonds— 1998 Penny McCreight(708) 534-2580 Barrington Public Library District $10,810,000 Library Building Bonds and Refunding Bonds, Financial Plan,Referendum- 1989-90 and 1996 Barbara Sugden(847)382-1300 Vernon Area Public Library District $6,900,000 Library Building Bonds,Financial Plan,Referendum- 1989-91 $8,065,000 Refunding Bonds— 1993 and 2001 Population Study-2000 Allen Meyer(847)634-3650 Contract Agreement for the Yorkville Public Library and the Page 11 United City of Yorkville Coal City Public Library District $1,850,000 Library Building Bonds,Financial Plan,Referendum- 1989-90 Sharon Smith(retired) (815)634-4552 Matteson Public Library $2,600,000 library Bonds,Financial Plan,Referendum- 1989-90 Kathy Berggren(708)748-4431 Gail Borden Public Library District(Elgin) Financial Plan and Rate Increase Referendum- 1989 Daniel Zack(847)742-2411 Prospect Heights Public Library District $2,900,000 Library Building Program and Referendum- 1989 Rate Increase Referendum.- 1992 $2,250,000 Refunding Bonds- 1994 Barbara Rozanski(retired)(847)259-3500 Addison Public Library Rate Increase Referendum- 1989 Sharon Hoffuian(retired)(630)543-3617 Poplar Creek Public Library District(Streamwood/Hanover Park) $550,000 library Building Mortgage Notes and Study—1987 Financial Plan- 1999 Patricia Hogan(630) 837-6800 St. Charles Public Library District Financial Planning,Referendum- 1998 $2,925,000 Library Bonds,Financial Plan, Referendum- 1986 Diana Brown(630)584-0076 Woodstock Public Library Financial Planning Report, 1999 $987,000 library Building Bonds- 1985 Margaret Field(815)338-0542 Nichols Library(Naperville) $4,900,000 Library Building Bonds Citizens'Committee Study and Referendum- 1983-84 Marcia Le Beau(630)961-4100 Contract Agreement for the Yorkville Public Library and the Page 12 United City of Yorkville Agreement for Consulting Services Related to a Proposed Referendum Agreement for Consulting Services Related to a Proposed Referendum for a Bond Issue and/or Rate Increase for Yorkville Public Library The Yorkville Public Library(the"Library"),First Party, hereby employs Ehlers&Associates, Inc., Second Party,upon the following terms and conditions. Second Party shall act as financial advisory and consultant to First Party, and in said capacity shall perform the following services,not to include the performance or furnishing of any legal, architectural or promotional services. I. Informational Program for the Referendum A. Initially,work with the Administration and Library Board in formulating an overall plan for informing the public about the library expansion program. B. Consultation with the Administration and Library board regarding the establishment of a Citizens' committee to assist in informing the public of the facts concerning the referendum question(s). This would include: 1. Criteria for selecting members. 2. Methods of asking members to serve. 3. Development of a proper organizational pattern. 4. Definition of roles to be served by Board, staff,lay citizens, and consultants. C. Organization of the Citizens' Committee, including: 1. Informing the citizens of the program. 2. Agenda planning. 3. Subcommittee organization. 4. Expansion of the committee. 5. Coordination of a workable timetable. D. Informing the public regarding the facts concerning the referendum question(s),including: 1. Development and selection of proper media(brochures,handouts, press releases, slide presentations, and fact sheets). 2. Set up, educate and support a speakers' bureau. 3. Provide and develop workers' materials and procedures. 4. Coordination of activities of neighborhood and/or other contact groups. Contract Agreement for Yorkville Public Library Page 1 Ehlers &Associates,Inc. agrees to pay all of the following expenses: all salaries, wages, travel expenses,living expenses and office expenses of Ehlers &Associates. The Library shall pay for the costs of printing and postage for any brochures, flyers or other information used to inform the general public about the referendum. II. Professional Fees The fee compensation will be either Option A or B,which is attached. Option A -$17,500, and Option B —$9,625. One half of the fee will be due within 30 days after the agreement is approved, and one half will be due after the referendum. Option of this agreement approved and signed this day of , 2003,by Yorkville Public Library District Board of Library Trustees, in accordance with a motion duly made, seconded and carried by an aye and nay vote of said Board. Yorkville Public Library District Ehlers&Associates,Inc. Kendall County,Illinois Naperville,Illinois First Party Second Party By: By: President Steve H.Larson, CIPFA Board of Library Trustees Executive Vice President By: Secretary Board of Library Trustees Contract Agreement for Yorkville Public Library Page 2 Option A Summary of Services for a Referendum Information Program ► Help develop overall Plan for the Information Program ► Meet with Board, Staff, Administration to discuss their roles ► Conduct seminar orientation for the entire referendum information program process ► Assist in organization of a Citizens' Committee for the referendum ► Help establish leadership for Committees ► Develop Question and Answer Fact Sheet (Q&A) ► Review and help prepare public information (brochures, press releases, newsletter) ► Plan and participate in Organization Meeting for the Citizens'Committee ► Work with sub-committees; public information, speakers, neighborhood ► Meet with leadership periodically throughout information program (Steering Committee) ► Evaluate and react to problems that come up ► Option A - $17,500 Prepared by: Steve H. Larson, CIPFA Ehlers &Associates, Inc. Contract Agreement for Yorkville Public Library Page 3 Option B Summary of Services for a Referendum Information Program ► Help develop overall Plan for the Information Program ► Meet with Board, Staff, Administration to discuss their roles ► Conduct seminar orientation for the entire referendum information program process ► Assist in organization of a Citizens' Committee for the referendum ► Help establish leadership for Committees ► Develop Question and Answer Fact Sheet(Q&A) ► Review and help prepare public information (brochures, press releases, newsletter) ► Plan and participate in Organization Meeting for the Citizens'Committee Work with sub committees; public information, speakers, neighborhood ► Meet with leadership periodically throughout information program(Steering Committee) ► Evaluate and react to problems that come up Option B - $9,625 Prepared by: Steve H. Larson, CIPFA Ehlers &Associates, Inc. Contract Agreement for Yorkville Public Library Page 4 R J /Ij UNITED CITY OF YORKVILLE To: Tony Graff, City Administrato From: Joe Wywrot, City Engineer Subject: In Town Road Program—Design ngin 'ng Date: October 8, 2003 Attached find a proposal from Smith Engineering to perform design engineering for utilities and roadways for the Phase 1 streets of this project. The Phase 1 streets are Colton, Liberty, Center, and East Main. Please refer to Page 2 of the proposal from more details. The proposal is for a fixed fee amount of$87,870. This proposal is similar to the one received recently, and is for the same dollar amount. There are two changes, however, that we should be aware of. The first is that while the work will be completed by early spring of 2004, Smith will not invoice for more than $40,000 of the work before May 1, 2004. The balance would be invoiced in May of 2004, so we would need to budget for it next fiscal year. In effect, Smith is agreeing to carry that cost until we can afford to pay for it. In consideration of that, however, Smith is asking that the work be paid for as a fixed fee instead of a not-to-exceed amount. Paying for engineering on a fixed fee basis is common; much of the work EEI does for us is on a fixed-fee basis. Please place this item on the Public Works Committee agenda of October 27, 2003 for consideration. Cc: Traci Pleckham, Director of Finance 611huac/tu- „ t) /,, l",--te/h/L-4- 1,2_ United City of Yorkville Memorandum EST .-.: 4-- A 0 4 1836 800 Game Farm Road ---= Yorkville, Illinois, 60560 01 ' Telephone: 630-553-4350 o 0 ' Fax: 630-553-7575 LLE ids` Date: August 13, 2003 )r ,f_........7 To: Administration Committee From: Traci Pleckham - Finance Directo ” CC: Mayor Prochaska, Administrator Graff, City Engineer Wywrot Subject: In-Town Road Program Per Joe Wywrot, he has recommended separating the In-Town Road Program into 2 project areas, north of the Fox River (Phase 1) and south of the Fox River (Phase 2). Cost estimates by fiscal year are as follows: Fiscal Year Cost 2003-2004 Phase 1 - Engineering design $40,000 2004-2005 Phase 1 - Storm Sewer/Roadway $540,000 Phase 2 - Engineering design $60,000 2005-2006 Phase 1 - Roadway $950,000 Phase 2 - Watermain/Roadway/ $810,000 Storm Sewer 2006-2007 Phase 2 - Roadway $1,210,000 Total Cost of Program $3,610,000 In order to begin the program this fiscal year, the City would need to fund $40,000 for Phase 1 engineering design. If City Council approves, funds could be expensed from the City's General Fund Contingency line item, which currently has a balance of $146,203.55. Along with Council's recommendations, staff could then begin reviewing budget/funding options for the following fiscal years. 1 CSmivil/th Engineering ConsultantsandS , Inc. iStructural Engineers urveyors PROPOSAL/AGREEMENT ENGINEERING AND PREPARATION OF CONTRACT PLANS AND SPECIFICATIONS Mr. Joe Wywrot The United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone: 630-553-4340 Fax: 630-553-7575 PHASE I ROAD PROGRAM ROADWAY AND UTILITY PLANS Job No. YORK-030781-3, 4 August 21, 2003 Revised September 30, 2003 Prepared by: Camie R. Ferrier, P.E. Project Manager Reviewed by: James F. Hoving, P.E. Vice President 759 John Street,Yorkville,1160560 www.smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 • Mr. Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3,4 August 21,2003 Revised September 30,2003 Page 2 Project Understanding The City of Yorkville is seeking professional engineering services to prepare plans and specifications for the Phase I Road Improvement Program. A preliminary engineering study, previously completed in the summer of 2003 by Smith Engineering Consultants, Inc., analyzed several streets within the original part of the City of Yorkville that required roadway and utility improvements. The streets included in the Phase I Program are located both north and south of the Fox River. Due to budget and fiscal constraints,the City is splitting the work into two phases. Phase I will include the studied streets north of the Fox River, while Phase II will include the studied streets south of the Fox River. The City is planning to complete the utility work for Phase Iain the summer of 2004, the roadway work for Phase I and the utility work for Phase II in the summer of 2005, and the roadway work for Phase II in the summer of 2006. Scope of Work The following table lists the streets and the limits to be included in the plans and specifications for the Phase I Road Program: Stret. , } .. ... ..... - ..=. . Colton Street Main Street to Somonauk Street Liberty Street Main Street to Park Street Center Street West Street to Liberty Street Main Street Bridge Street to Bruell Street Mr.Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3,4 August 21,2003 Revised September 30,2003 Page 3 The following items will be conducted to develop the Phase I Road Program plans and specifications: 1. Complete a topographic survey including cross sections of the above listed streets. The survey will encompass the existing ROW and 10' beyond the ROW lines. 2. Determine drainage areas to be served by proposed storm sewer 3. Determine location of storm sewer and outlets 4. Design storm sewer system. 5. Analyze areas for ditch and/or swale grading. 6. Prepare typical sections and plan and profile sheets for proposed improvements (drawing scale is assumed to be 1" = 50'). Roadway improvements will be as presented in the preliminary engineering study. 7. Currently, there are no plans for water main improvements along the above listed streets. This will be verified with the City Engineer. If there are proposed improvements for water main, they will be incorporated into the plans. 8. Prepare specifications and bid documents for Phase I utility improvements. 9. Prepare specifications and bid documents for Phase I roadway improvements separate from utility improvements. 10. Prepare an Engineer's Opinion of Probable Cost for both the utility improvements and the roadway improvements. 11. Attend two (2) meetings with City staff to review the plans and specifications in progress. It is expected that one (1) meeting with the public works committee will be required to present the plan. Mr. Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3,4 August 21, 2003 Revised September 30,2003 Page 4 Schedule It is proposed to complete the above tasks and have contract plans available for bid by mid February, 2004. Man-hour and Fee Summary Based upon our understanding of the project, we believe a maximum of 1,006 hours will be required to complete the project. Following is a summary of the man-hour estimate and costs associated with this project. This project to be administered on a lump sum basis. The first $40,000.00 in fee will be billed when the tasks are approximately 50% complete. The balance of the fee will be billed at the outset of the City's new isca year, ay , 2004. ITEM MAN-HOURS LABOR COST ` DIRECT COST Roadway Survey (-4) 218 $16,620.00 $ 100.00 Roadway Design (-3) 280 $23,000.00 $ 200.00 Drainage Study (-3) 324 $29,360.00 Specifications (-3) 120 $11,700.00 $ 200.00 Meetings/Coordination (-3) 32 $ 2,770.00 QA/QC (-3) 32 $ 3,920.00 Sub-Total 1,006 $87,370.00 $ 500.00 TOTAL $87,870.00 Mr. Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3, 4 August 21,2003 Revised September 30,2003 Page 5 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. Outside Consultants SMITH ENGINEERING CONSULTANTS,INC.(SEC)is not responsible for accuracy of any Plans,surveyss or information of any type including electronic media prepared by any other consultants,etc. provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Design Without Construction Review It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or performance. It is further agreed that the CLIENT will defend,indemnify and hold harmless SEC from any claim or suit whatsoever, including but not limited to all payments,expenses or costs involved,arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. SEC agrees to be responsible for its employees negligent acts,errors or omissions. Attorneys' Fees In the event of any litigation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time,court costs,attorneys'fees and other related expenses. Certificate of Merit The CLIENT shall make no claim for professional negligence,either directly or in a third party claim,against SEC unless the CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a)contain the name and license number of the certifier;b)specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty(30)calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. Standard of Care Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Job Site Safety Neither the professional activities of SEC,nor the presence of SEC'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations,duties and responsibilities including, but not limited to, construction means,methods,sequence,techniques or procedures necessary for performing,superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the Mr. Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3,4 August 21,2003 Revised September 30,2003 Page 6 General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT,SEC and SEC'S consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. Reuse of Documents • • All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CLIENT's sole risk, and CLIENT shall indemnify and hold harmless SEC from all claims,damages and expenses including attorney's fees arising out of or resulting therefrom. Ownership of Instruments of Service All reports,plans,specifications,field data,field notes,laboratory test data,calculations,estimates and other documents including all documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these records for a period of five(5)years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. Drywells,Underdrains and Other Infiltration Devices Services provided by SEC under this AGREEMENT do NOT include the geotechnical design of drywells, underdrains,injection wells or any other item that may be devised for the purpose of removing water from tle CLIENT'S property by infiltration into the ground. Due to the high variability of soil types and conditions such devices will not be reliable in all cases. While for this reason SEC does not recommend the use of these devices,in some cases their use may be necessary to obtain an adequate amount of area for development on the CLIENT'S property. Since the use of these devices is intended to enhance the value of the CLIENT'S property and, in some cases,allow development that would otherwise not be possible,the CLIENT will assume all risks inherent in the design and construction of these devices, unless the contractor or a Geotechnical Engineer assumes these risks. Typical risks include but are not limited to: 1. Failure to obtain the required release rate; • 2. Variability of the soils encountered during construction from those encountered in soil borings;(Soils can vary widely over a small change in location,horizontal or vertical,particularly with regards to permeability.) 3. Failure of the device due to siltation,poor construction or changes in the water table; 4. Need to obtain additional soils information(i.e.borings etc.)to evaluate the function of installed devices; 5. Reconstruction of failed or inadequate devices; 6. Enlargement of detention/retention facilities to make up for release rates that are lower than those used in the stormwater design, including engineering design and additional land required for such enlargement;and 7. Regular maintenance to remove accumulated silt over the device's life span. If the use of these devices is required SEC will advise the CLIENT that a Geotechnical Engineer must be retained to consult on the project. The CLIENT must enter into a separate agreement directly with this consultant. They will not be sub-contracted through SEC nor are their fees included as part of this AGREEMENT. SEC will work together with this consultant to obtain a final design. Our collaboration may include the use of a common standard detail or the creation of a new standard detail. SEC may make suggestions to the Geotechnical Engineer on ways to tailor these devices to meet the needs of the overall site design. The Geotechnical Engineer will evaluate these suggested details and modifications based on his experience and measired soils • Mr.Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3,4 August 21,2003 Revised September 30,2003 Page 7 information to estimate the release rate for each detail considered. SEC may use a release rate of these devices as provided by the Geotechnical Engineer for the design of the stormwater system. This rate may be faxed to us,as a draft copy of he Geotechnical Engineers report or as a final copy of that report. In no case will SEC accept responsibility for the determination of the expected release rate of these devices. If certification of the contractor's construction of these devices is required by the municipality or desired by the CLIENT a Geotechnical Engineer must also be obtained for these services. This is highly recommended in order to observe the actual soils where the devices are being constructed and to verify that the construction methods used do not violate any assumptions made by the Geotechnical Engineer during the design and evaluation of the standard detail. If a Geotechnical Engineer is not retained by the CLIENT to provide construction review,the CLIENT shall assume all risks that the devices may fail requiring additional geotechnical investigation or reconstruction. Any construction inspection services provided by SEC shall not include inspection of these devices. Failure to Abide by Design Documents or to Obtain Guidance The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans, specifications or design intents not be followed,or for problems resulting from others'failure to obtain and/or follow SEC'S guidance with respect to any errors,omissions, inconsistencies,ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing SEC'S plans,specifications or other instruments of service. Accordingly,the CLIENT waives any claim against SEC, and agrees to defend, indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow SEC'S plans,specifications or design intent,or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors,omissions,inconsistencies,ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans,specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy. Opinion of Probable Construction Cost SEC shall submit to the CLIENT an opinion of probable cost required to construct work recommended,designed,or specified by SEC. SEC is not a construction cost estimator or construction contractor,nor should SEC'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. SEC'S opinion will be based solely upon his or her own experience with construction. This requires SEC to make a number of assumptions as to actual conditions that will be encountered on site;the specific decisions of other design professionals engaged;the means and methods of construction the contractor will employ;the cost and extent of labor, equipment and materials the contractor will employ;contractor's techniques in determining prices and market conditions at the time,and other factors over which SEC has no control. Given the assumptions that must be made, SEC cannot guarantee the accuracy of his or her opinions of cost,and in recognition of that fact,the CLIENT waives any claim against SEC relative to the accuracy of SEC'S opinion of probable construction cost. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or indication of said modifications, SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC in CADD form only for information and use by the CLIENT fir the specific purpose for which SEC was engaged. Said materials shall not be used by the CLIENT,or transferred to any other party,for use in other projects,additions to the current project,or any other purpose for which the material was not strictly intended by SEC without SEC'S express written permission. Any use or reuse of original or altered CADD design materials by the CLIENT,agents of the CLIENT,or other parties without the review and written approval of SEC shall be at the sole risk of the CLIENT. Furthermore,the CLIENT agrees to defend, indemnify,and hold SEC harmless from all claims,injuries,damages,losses,expenses,and attorney's fees arising out of the modification or reuse of these materials. Mr. Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3,4 August 21,2003 Revised September 30,2003 Page 8 The CLIENT recognizes that designs,plans,and data stored on electronic media including, but not limited to computer disk and magnetic tape,may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT,therefore,agrees that SEC shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time SEC shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days,at the request of the CLIENT,SEC shall submit a final set of sealed drawings, and any additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT. Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably,it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees,to the fullest extent permitted by law,to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims, losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes,including attorneys'fees and costs and expert witness fees and costs,so that the total aggregate liability of SEC and its subconsultants to all those named shall not exceed SEC'S total fee for services rendered on this project,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. Hazardous Materials It is acknowledged by both parties that SEC'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC'S services,SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s)or contractor(s)to identify, abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services.These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. All invoices shall be paid within 45 days of the invoice date. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance, please sign both copies,retain one copy for your files and return one to our office. • Mr.Joe Wywrot United City of Yorkville Phase I Road Improvement Program YORK-030781-3,4 August 21,2003 Revised September 30,2003 Page 9 If you have any questions or comments, please feel free to contact our office. We sincerely appreciate this opportunity to offer our services. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Camie R. Ferrier, P.E. Project Manager CRF/jmk Approved b•. Jame '. ', firp .. Title: Vice President d Date: Accepted by: Title: Date: Client: Y:Vobs\Smith\2003\030781-Yville Phase I Road Prograthadministratiorkontract03078I-Yville Phase I Road Program Proposairevised 092903.doc Sep 23 03 03: 45p Sue Swithin 630-553-4347 p. 1 YDRK VILLC (?A 'L4c ,,_ it WIT () * PARrc&arcRoolow Yorkville Parks 8 Rocreation Department 908 Game Farm Rd. Yorkville, IL 60560 630 553 4357 630.553.4350 fax e-mail:yprkrecdep roI.corn Administrative Office 301 E Hydraulic Street Yorkville, IL 50560 530.553.4341 630.553.4347 Memo To: Tony Graff Anna Kurtzman From: Laura J. Brown Date: September 23, 2003 Re: Developers Recap of Park Board Meeting of September 22, 2003 RAINTREE/ CONCORD HOMES Discussion concerning the land use change for park site Parcel 8 (current known as Lot 106). The developer requested 1.8 acres of previously indicated Parkland for use for a private club house for the homeowners. In exchange the developer will take back the ownership and maintenance for the detention areas (parcel 7 and 13) and provide the value of 1.8 acres in land cash contribution at the $58,000 per acre rate. The Park Board agreed to the land use change, and recommended proceeding to City Council. The Board further requested the ability to see the final site plan before final approval, Summary of land dedication Parcel6 4.133 Parcel 7 detention returned to developer Parcel 8 4.417 (1.8 returned to developer for club house site) balance 2.617 linear Park Parcel 11 .496 trail connection Parcel 12 .496 Parcel 13 Detention returned to developer Parcel 15 7.456 (school park combination site — net acreage is 22.5) Balance of 5.7 acres in cash contribution. DHUSE PROPERTY I Wiseman Huges The developer is indicating 5.29 acres for park land and 10 acre adjoining school site adjacent to the Windett Ridge Park land of 7 acres. This would net in a large 12 acre park and a 10 acre school site. In addition there is approximately 1 acre in trail connection the developer is requesting credit for. All the land is high and dry. The Park Board agreed to full credit for the trail connection and the 5.29 acre park site. There Sep 23 03 03: 45p Sue Swithin 630-553-4347 p . 2 was some discussion about the school district requesting some additional school site above the land cash requirement from the developer. It was agreed, that this could be discussed with a land / cash arrangement at a later date between the City and School District for exchange of land. BRISTOL CLUB (11/2 MILE REVIEW) Park Board recommended the 1 % mile review with a favorable recommendation,