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City Council Packet 2004 11-23-04 =`,QED CITE 4 4�� United City of Yorkville EST. ,� x_1836 County Seat of Kendall County .�� 800 Game Farm Road P (i Yorkville, Illinois, 60560 9 _� Telephone: 630-553-4350 �ktE \\,�? Fax: 630-553-7575 Website: www.yorkville.il.us AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, November 23, 2004 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Rich Sticka Valerie Burd Marty Munns Joe Besco Paul James Larry Kot Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, December 27, 2004 To be announced Economic Development Committee: 7:00 p.m., Thursday, December 16, 2004 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, December 2, 2004 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, December 9, 2004 City Hall Conference Room Public Hearings: 1. United City of Yorkville Tax Increment Financing Redevelopment Project and Plan City Council Meeting Agenda November 23, 2004 Page 2 Citizen Comments: Presentations: None Consent Agenda 1. Assist First Time Homebuyer Down Payment Assistant Program - authorize Mayor and City Clerk to execute 2. Deuchler Construction Services Contract for Rob Roy Creek Interceptor 3. Sente-Ruble Contract for Parks Facility -authorize use of land cash funds in an amount not to exceed $7,750.00 and authorize Mayor to execute 4. Windett Ridge Reimbursement -authorize payment of land cash funds in an amount not to exceed $19,533.75 5. Naming of River's Edge Park#3 "Crawford Park in honor of Harry L. Crawford" 6. Naming of Country Hills Park "Kiwanis Park in honor of the Greater Yorkville Area Kiwanis Club" 7. Resolution Creating the Position of Part-time Information Technology Assistant - authorize Mayor and City Clerk to execute Plan Commission /Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council — None Minutes of Committee of the Whole— September 21, 2004 and November 2, 2004 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 1,175,375.72 (vendors) $ 146,735.68 (payroll period ending 10/30/04) $ 1,322,111.40 (total) Reports: Mayor's Report: 1. Countryside Center Open Space 2. Risk Management Annual Insurance Coverage 3. Conover/Fisher Sanitary Utility Easement Agreement 4. Holdiman Sanitary Sewer Pumping Station Acquisisiton 5. Woodworth Easement 6. PNA Easement City Council Meeting Agenda November 23, 2004 Page 3 Reports (con't): Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: 1. PTW Announcement Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1. Rob Roy Creek Interceptor - Contract #1 Award Economic Development Committee Report: 1. Revised PUD Ordinance 2. Proposed Appearance Code Ordinance 3. Yorkville Supportive Living, LLC — PUD Amemdment a. Ordinance Authorizing the Execution Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. Nextel Contract 2. SBC Long Distance Contract 3. 2004/2005 Tax Levy—Public Hearing Option#1 4. Salary Schedule Additional Business: AulouruIDVut: 4` , r o United City of Yorkville Memo , '" 800 Game Farm Road Est :,_ i 1836 Yorkville, Illinois 60560 --T-- ------- Telephone: 630-553-4350 Pop il cons. 0 Fax: 630-553-7575 117 K2,d31 Comfy `� Date: November 19, 2004 To: Mayor and City Council From: Lisa Pickering CC: Subject: City Council Meeting 11/23/04 - Countryside Center TIF The public hearing for the Countryside Center TIF is on Tuesday's City Council agenda. I just wanted to let everyone know that there was not any new information on this item. If you want to review the information, everything that we have was in the light blue binder titled US Rt. 34& 47 Tax Increment Financing Redevelopment Project & Plan—Countryside Shopping Center. /?J. United City of Yorkville Memo 800 Game Farm Road Es-r. *836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o� Fax: 630-553-7575 <&EAVN' Date: November 22, 2004 To: Mayor and City Council From: Lisa Pickering CC: Department Heads Subject: Additional Information for City Council Packet-November 23, 2004 Attached is some additional information for your City Council packet for November 23, 2004. Please add this information to your packet under Consent Agenda#2-Deuchler Construction Services Contract for Rob Roy Creek Interceptor. WALTER E. DEUCHLER ASSOCIATES INC. Consulting Engineers 230 WOODLAWN AVENUE • TELEPHONE (630)897-4651 • FAX(630)897-5696 AURORA, ILLINOIS 60506 November 22, 2004 Mr. Tony Graff City Administrator City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE: Construction Services Agreement Rob Roy Creek Interceptor Contracts No. 1 through 6 Dear Tony: Please find attached three (3) copies of the Engineering Agreement for construction services of the above referenced project. We have stated a not-to-exceed amount of$600,000 to perform construction services of the entire Rob Roy Creek Interceptor(Contracts No. 1 through 6)which is based on 6.0%of the total probable construction cost of$10 million. The length of the 5.46 mile interceptor has been divided into 6 construction contracts,with Contract No. 1 recently recommended for award to Glenbrook Excavating & Concrete of Prairie View, Illinois. We anticipate that all the construction and restoration work will be completed during calendar year 2005. This Engineering Agreement mirrors the legal language approved by the City for the previous engineering projects. We thank you for opportunity of being of service, and should you have any questions or need clarification, please do not hesitate to call. Very truly yours, WALTER E.ytEUCHLER ASSOCIATES, INC. Philippe . Moreau, P.E. PFM/mw Encl. cc: Ralph Pfister, YBSD, w/Encl. • Water Works and Sewerage • Buildings and Structures • Design and Construction • Streets and Street Lighting • Investigations and Reports • Project Financing ENGINEERING AGREEMENT FOR CONSTRUCTION SERVICES OF THE ROB ROY CREEK INTERCEPTOR UNITED CITY OF YORKVILLE 2004 This Agreement is made and entered into this day of , 2004, by and between Walter E. Deuchler Associates, Inc. whose address is 230 S. Woodlawn Avenue, Aurora, IL 60506, hereinafter called the "Engineer", and the United City of Yorkville, Kendall County, Illinois, hereinafter called the "Owner", and covers certain professional engineering services in connection with the improvement. Witnesseth that, in consideration of these premises and of the mutual covenants herein set forth, Now,therefore,the Owner and Engineer,in consideration of their mutual covenants,herein agree in respect to the performance of professional engineering services by the Engineer, and the payment for those services by the Owner, as set forth below. SECTION 1 - PROJECT DESCRIPTION 1.1 The City of Yorkville will begin the construction of the Rob Roy Creek Interceptor soon. The construction of the interceptor will be divided into 6 separate Contracts starting with Contract No. 1 on the eastern edge of the PNA property, north of River Road and terminating with Contract No. 6 to the present north line of Yorkville-Bristol Sanitary District's Facility Planning Area,as delineated on the attached Exhibit A.Construction work and Engineering Services will be paid by the United City of Yorkville, while the administration of the construction will be provided by the Yorkville-Bristol Sanitary District. SECTION 2 - THE ENGINEER AGREES 2.1 To perform professional engineering services in connection with the Project, as hereinafter stated. 2.2 To serve as the Owner's professional engineering representative in those phases of the Project to which this Agreement applies, and to give consultation and advice to the Owner during the performance of services. 2.3 To furnish construction guidance for the Project. 2.3.1 Upon authorization of advertisement for bids by the Owner, the Engineer will furnish Owner necessary copies of the Plans and Contract Documents and will -2- endeavor to interest competent contractors in submitting bids on the work as advertised, and will advise with the Owner in the matter of letting contracts for work on the basis of bids received. 2.3.2 Video taping the site prior to any construction activity. 2.3.3 Consultation on interpretation of plans and specifications and changes under consideration as construction proceeds. 2.3.4 Establishment of lines and grades for the work as construction progresses. 2.3.5 Checking all shop and working drawings. 2.3.6 Furnishing a Resident Project Representative (RPR) at the job site to provide continuous observation of the work. The duties,responsibilities and limitations of authority of the RPR are set forth in Exhibit B to this agreement. 2.3.7 Reviewing and checking all reports by testing laboratories on equipment and material tested, if provided by the Owner. 2.3.8 Reviewing and checking all payment estimates, change orders,records and reports required. 2.3.9 Preparing final pay estimates. 2.3.10 Preparing record drawings and supplying the City mylar record drawings after completion of construction. SECTION 3 - THE OWNER AGREES 3.1 To furnish available data such as utility maps, special design criteria, available plans of existing subdivisions,title searches for determination of existing right-of-way and property encumbrances. The Owner will negotiate easements with the property owners affected by the Project. 3.2 To designate in writing a person to act as Owner's representative with respect to the services to be performed or furnished by Engineer under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret Owner's policies and decisions with respect to Engineer's services for the Project. 3.3 To pay the Engineer, for those services described in Section 2 a not-to-exceed amount of $600,000.00 based on the Engineer's Fee Schedule attached, for the 2004 calendar year or the current schedule in effect after calendar year 2004. -3- 3.4 That those services beyond the scope of Section 1 and not included in Section 2, such as,but not limited to, assisting the Owner in negotiating easements and acquiring property, changing alignment of the interceptor due to failure in acquiring easements and others, will be considered additional work. Compensation for additional work will be paid in accordance with the attached 2004 Fee Schedule for the 2004 calendar year or the current schedule in effect after calendar year 2004. 3.5 That payments due the Engineer for services rendered will be made in monthly payments based upon actual work completed. 3.6 To pay Engineer within thirty (30) days after the invoice date, after which, payment will increase at an interest rate of 1.5% per month. 3.7 That Engineer has the right to suspend or terminate service if undisputed charges are not paid within forty-five(45) days of receipt of Engineer's invoice, and Owner agrees to waive any claim against Engineer arising, and to indemnify, defend, and hold Engineer harmless from and against any claims arising, other than from Engineer's negligence or wrongful conduct, from Engineer's suspension or termination due to Owner's failure to provide timely payment. Owner recognizes that any charges not paid within thirty(30) days are subject to a late payment charge equivalent to 1.5% of the balance due for each additional month or fraction thereof that undisputed charges remain unpaid. 3.8 In the event of termination by Owner under Section 4.2 for convenience or by Engineer for cause, Engineer, in addition to invoicing for those items identified in Sections 3.3 and 3.4 shall be entitled to invoice Owner and shall be paid a reasonable amount for services and expenses(not to exceed a total of$1000.00),directly attributable to termination,both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Section 3.4, but in addition to amounts paid thereunder. In addition a 10% charge of the unbilled amount as set forth in Section 3.3 shall be paid by the Owner to the Engineer. 3.9 To pay the Engineer an additional 8% for sublet services and outside vendor expenses. 3.10 In the event that Owner shall bring any suit, cause of action or counterclaim against Engineer, to the extent that Engineer shall prevail, Owner or the party otherwise initiating such action shall pay to Engineer the cost and expenses incurred to answer and/or defend such action, including reasonable attorneys fees and court costs. In no event shall Engineer indemnify any other party for the consequences of that party's negligence, including negligent failure to follow Engineer's recommendations. 3.11 Engineer's employees shall not be retained as expert witnesses except by separate written agreement. Owner agrees to pay Engineer pursuant to Engineer's current fee schedule for any Engineer employee(s) subpoenaed by any party as an occurrence witness as a result of -4- Engineer's services. 3.12 The Engineer will not be responsible for job or site safety of the Project other than arising from validly implemented affirmative recommendations therefor. Job and site safety will be the sole responsibility of the contractor/contractors of the Project unless contracted to others. 3.13 The Owner shall require in any agreement it makes with a Contractor for the Project that the Contractor shall obtain Commercial General Liability Insurance with contractual liability and shall name the Engineer,its employees and consultants,as additional insured,with said coverage to be primary and non-contributory. In addition, the Owner agrees to name the Engineer, its employees and consultants, as an additional insured on any policy of Owner covering the Project,with said coverage to be primary and non-contributory. When Owner requests services of the Engineer in any capacity other than as a design professional, then, to the fullest extent permitted by law,the Owner shall defend,indemnify, and hold harmless the Engineer,its employees and consultants,from and against claims,damages,losses,costs, including but not limited to reasonable attorneys fees and costs, ("Losses") arising out of or resulting from the Engineers performance of services other than as a design professional (including any services that could be construed as those of a construction manager)provided that such Losses are attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property to the extent caused, in whole or in part, by the contractor, subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. This provision shall survive the termination or completion of this Agreement. 3.14 Neither the professional activities of the Engineer, nor the presence of the Engineer or his or her 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. The Engineer and his or her 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 Owner agrees that the General Contractor is solely responsible for job site safety,and warrants that this intent shall be made evident in the Owner's agreement with the General Contractor. The Owner also agrees that the Owner, the Engineer and the Engineer's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. In addition,and notwithstanding any other provisions of this Agreement,the Owner agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Engineer, his or her officers, directors, employees, agents and subconsultants from and against all damage, liability or cost, including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the Project or the performance by any of the parties above named of the services under this Agreement, excepting only those damages, liabilities or costs -5- attributable to the sole negligence or willful misconduct of the Engineer. 3.15 The Owner agrees to limit Engineer's liability specifically and exclusively to the Owner on the Project arising from Engineer's professional acts, errors, or omissions or breach of contract or other cause of action, such that the total aggregate liability of Engineer to all those named shall not exceed $100,000.00 or the total cumulative fees for the services rendered for this Project, whichever is greater; and Owner hereby releases Engineer from any liability above such amount. 3.16 If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. 3.17 That any difference between the Engineer and Owner concerning the interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the Engineer, one member appointed by the Owner and a third member appointed by the two other members for disposition and that the committee shall attempt to resolve the difference by formal non-binding mediation conducted in accordance with rules and procedure to be agreed upon by the parties. SECTION 4 - IT IS MUTUALLY AGREED 4.1 During the progress of work under this Agreement,the Engineer shall continuously monitor its costs and anticipated future costs, and if such monitoring indicates possible costs in excess of the amounts stated in Section 3 above, the Engineer shall immediately notify the Owner of such anticipated increase and the compensation for engineering services shall be adjusted, if any, by amendment to this Agreement. 4.2 This Agreement may be terminated by the Owner upon giving notice in writing to the Engineer at his last known post office address. Upon such termination, the Engineer shall cause to be delivered to the Owner all drawings, specifications, partial and completed estimates and data,with the understanding that all such material becomes the property of the Owner. The Engineer shall be paid for any services completed and any services partially completed in accordance with Section 3. 4.3 That the Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee,gifts, or any other consideration,contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty the Owner shall have the right to void this Agreement without liability whatsoever. 4.4 That the Owner acknowledges that the Engineer is a corporation and agrees that any claim made by the owner arising out of any act or omission of any director, officer or employee -6- of the Engineer, in the execution or performance of this Agreement shall be made against the Engineer and not against such director, officer or employee. 4.5 That the Owner and the Engineer each binds himself and his partners,successors,executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office or agent of any public body which may be a party hereto,nor shall it be construed as giving any right or benefits hereunder to anyone other than the Client and the Engineer. 4.6 All Reports, Drawings, Specifications, other documents, and magnetic media prepared or furnished by the Engineer pursuant to this Agreement are instruments of service in respect to the Project, and the Engineer shall retain ownership of said documents and magnetic media including the right of reuse by and at the discretion of the Engineer whether or not the Project is completed. The Owner may retain copies, including reproducible copies, of the Engineer's documents and magnetic media for information and reference in connection with the use and occupancy of the Project by the Owner and others;however,the Engineer's documents and magnetic media are not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other Project. Any such reuse without written permission and verification or adaption by the Engineer for the specific purpose intended will be at the Owner's sole risk and without liability or legal exposure to the Engineer. The Owner shall indemnify and hold harmless the Engineer from all claims,damages,losses and expenses including attorneys' fees arising out of or resulting therefrom. Any furnishing of additional copies and verification or adaptation of the Engineer's comments and magnetic media will entitle the Engineer to claim and receive additional compensation from the Owner. 4.7 The Engineer's agent shall perform the function of Agent or Representative of the Owner, during the performance of the PROJECT. The Engineer may be required to enter private properties and private premises to perform the work identified in the PROJECT. The Owner agrees to indemnify, defend and hold harmless the Engineer from any claim, suit, liability, damage,injury,cost or expense, including attorney fees,arising out of Engineer's entry into private properties and private premises, unless resulting from Engineer's negligence or wrongful conduct under Section 3.7 or as provided by law. 4.8 Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s)' methods of determining prices, or over competitive bidding or market conditions. Engineer's opinions of probable total project costs and construction cost provided for the project are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgement as an experienced and qualified professional Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals, bids or actual total project or construction -7- costs will not vary from opinions of probable cost prepared by Engineer. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in triplicate counterparts, each of which shall be considered as an original by their duly authorized officers, this day of , 2004. Executed by the Owner: United City of Yorkville State of Illinois ATTEST: By By Title: City Clerk Title: Mayor Executed by the Engineer: Walter E. Deuchler Associates, Inc. 230 S. Woodlawn Avenue Aurora, IL 60506 By e: Presid: t . , ,_.....„_,.......,.___..., • ,, , i ....... 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C: 1-,, .1.jr.44111111111 i 3 1 ' ''„.• C'''' Z‘_.,0111111111111Mkg............2,L ,, , ..1-1&1161:==111dnig....11•1•1415,..12- s• ,'1811 --- lk.:A.-11:4*T1-1 '4;'11 '';'-' :.----i' -IL '''''t•I'L'':' 1 1 EXHIBIT 1 ..,A. WALTER E. DEUCHLER ASSOCIATES, INC. SHEET 1 ....4.,..,- © n.,7„,,,d4;77 Sn,y,tin,opyr,6. — 01uro/r,a, fk-r&G, , OF 1 REVISIONS .•\YB\04021-00\RRC-INTER YORKVILLE-BRISTOL SANITARY DISTRICT DESIGNED PEM APPROVED PFM BOOK XXX IJOB NUMBER ROB ROY CREEK INTERCEPTOR DRAWN JES DATE 6/9/04 SCALE 1"=3000'{777/04021-0O WALTER E DEUCHLER ASSOC.- INC. 2004 FEE SCHEDULE CLASSIFICATION RANGE OF BILLING RATE CLERICAL 40.00-60.00 JR. TECHNICIAN 34.00-45.00 TECHNICIAN/DRAFTSPERSON 55.00-75.00 CONSTRUCTION OBSERVER 55.00-75.00 SURVEY CREW (2 Members) 95.00-128.00 ENGINEER 64.00-80.00 PROJECT ENGINEER. 80.00-100.00 PROJECT MANAGER LAND SURVEYOR PRINCIPAL 100.00-130.00 01/02/2004 0 PAGE 1 • • • •TOA -r nji3�lWc.a-NOW1' AND 1 3 !GT t r_c�� i OR PROFESSIONAL S• ,13(-or use with No_ 1910-1,194 E^=rirr)_ • A ,T�" .OF =t �'3 a �;5,R._SPPONSI3 I3' S AND • - • - L TAT Oi S OF iiiOR ! OF sc-RT*. a E i F O,TEL Yr-c is an E.;ibii at-rar-?-te-1 to, r=rrJ,"a part of and mcorpc-tt by reerence with the A ezent made on • 19 ,between (OW iZ) a-rr? for - - GEN±j-,," shall •rash a Resident Project F esita ive CR-PR), as .s and other field s`-f to assist _ _ ENGL r•.i-.{in observingpe.nr=zanceof-he wont of Ccaii.. .c.00r. - - . - -: • Tha-or r more e=„ nsive on- observatioos Of the wod in prods and field checks of rrzat air=ad e - eat - by the ±R and assi. ts, shall endeavor to iil de.f tLer p tection fbr OWNS asst defects- - ayd deficiencies in the wot of CONTRACTOR;but, the of such services not ern ENGINEER - - re-St ort1e for orgive contml over const 5ctiionmeans,methods,to ^r a th es,eqp ces arta yes or for safety pre,.eons or rum---s, or respor 'ilrty for CONI.i CTOR's fPil.th.e to perform the Wort• i . ac.�_;_aj -ce with.the Can:tractDccne' and in pa-t-Cular.the specific :tations set forthin u2ra gh 1.6 of the are mile_ - .• . The dries and p cnr il.."es of the RPR are 1Trr itd.t.o those of '&T K.E Gni a e- the OWNS and in the or,.su�oticn Conn-act Documents, and are_Ea Line:limited and described as C - RPR isis 's agent at the site, w-11 act as tis e rt by and r er the s t. .er.vision of Eiv-G EER,and con e� wi_t G .. ~,K r - ng R=JR's actions. R♦is -was in mtt=rs pert g to the on-site wroth shall in general be and CONTRACTOR CTOR g O W i R advised as necessary.T��"_�'s with srhcouC:c.ct-:la a =,aT only he tv,ju h or with theme knowledge and wurova1 of CON'II<A_C'TORL R Ti `- nerally comm i,•4-ate'-•_:113.O�t�l N h'�wilt the knowledge c and under the direnlen ofl -LAY. L Sthe' Jo r_Review the pro s sche ie, sche^'1e of Shop js:�T i--S and j:.^_�`' Te of vaLues- ��pa by CON ;1,=OR and cmss-t h GD ± co tc . --z 2_ Corferza:es and Meet os:Amend meet-,g with.CON` S CTOR, such as preccn.stcton coaferen ces, z:rcg,.ss meet. ,job conferences and other piujec-relate l meei gs, and-prepareand circulate conies minutes thereof. of. - 3_ - s . a. Serve as i-,' G -.k's 1i ison with. CON"i2.._A CTOR, wo psi.3 ally throughCONI AL,"1 OR's sunerhatendent and assist in understan:';,,g t e -r t of the Co;tract Documents;and.assist-EIG R n-s.x v z-,g as 0 VYs liaison with CON12,_A CTOR when operations alert OWN- - i - - r:;ms's on-site ocer-;�ions. Tj_ Assast i I 0-c1-2:„?, m Ori ^ t`i tical de 1s Laforr r2 cn,'when recd±,. for 71-0 e� of the Woib' V . "-.. Shop Drczwiags a-zrd Samples - • . a_ Record, viato of receipt&Shop Drawl, 0.1-and samples. . b_ Receive sanwles which are fa--ricked at the site by CON-TRACI OR,and notify G K of oval% ability of samples for exa tm r on.. c_ A,civ -P`GTh a-sI CONTRACTOR of the ccim encement of any Work reci ga Shop DrawL or sample if the submittal-has not been approved by=IGS C c' - 5. .Review of Work,Rejection of Defective Work, Insvectior..r a7rd Teets_ • - a_ Corirh=ct on-- e observations of the Wait in pi ,s to assist E G K is determinmg if the Wo rlt is in general pracceding in accordance with the Contract Documents. b. Report to r-,i G R whenever RPR believes t'-12t any W oth is rrrca actary, fanny or defective or does not conform to the Contract Documents, or has brn clr�aged,or does not meet the re✓t i -einem viii of any inr•ectan, test or a--oroval reorsrer to be ode- and advise ENG R of Work that R believes should be cow or Ave- sr ould be uncovered for observation, or rewires• spezj inspon.OruiJJVOO1_ . c. Vet-Ey tot tests,eg rtCaL and systems st rtmas and operat g add-, ai-,-rube irri-,Q a ecndr.d in the presence of ap:,r-cprote peraomei.,and that CONTRACTOR minim s-adecuate records the:ecf; - and observe, record and report to EJ_GTh ink t aparaprlate de*a'is relative to the t procee res aria . stn--tuns_ - d_ . o ny reps:se::.az-pclic or other a Banes over the reoo rd the results of these in. ons and report to FNT('7'iR - • 6_. L r re moble o;Contract Doc ..encs:Report to EN4. rK when cla_.ca moons and i -r iBiers of the Contract DoLualtents arene�-z.�ed arra tnn=ittransmit to CONTRACTOR and iott.:pi.sL tions as issued by ENGI +SER. 7. Mou:ca.-on.r Consider and evalue. COsi'1 ACTOR's suggestions for rcdif: ons r Drawm= or Sped ens and report wit RPR's.recom ne c;a;;crs to EGA r.r,:� Trate ft to CON'!.2,ACTOR • . decisions as issued by E G r. o_ Records: • a Ma-;-;-rap at the job site orderly des for con-espor ence, i o�is of deb conferences, Shen Drawin and samples,. pec o' Wiens of ori ^at Contract Doc=ents indurzz,Q all Work Direcdve Changes, Aid rr'a Chanze Orders,Feld Orders, adciidon21Drawiii issued suLbsecuentto the ex-cion of the - Con tact,.LIN Get R's c -ca ons and mteror a -'ons of the Cof,ri Dcc.:.tu ens,pros reports,- . • . and other Frui=t related document_ • b.-Keep a chary or log book;recon COst'l.&ACTOR boors on the job site, tee: er condt;ons, data. relate--v e to questionscf Work Direcdve Changes, Change Orders or chi- ed conditions,list of job site visitors, cc2i'7y aodvites, dn;cans, observat.:ons in general, and spec c observations in mere as- ia the case of observi-_test procedd ries; and send copies to c. R.:..o d.or es, a-iciressses and tele-ehcue n„n b;ers of ani.CONTLmACTORS, s-±con_'asters a.rd mater s:.c,.,osiers of r,ateriais avide -me 9. Reports: - neriocc re...perts as orom_ .ss of the ;^Tors and of CON+ IOR's coT1'a e with the iro ss schedule and schedule of Shop Drawing and sari ie Stib� ti `mss_ • b.. Consult With E GTh ;.-F.Iii advance of sche`hniedd major tests,ims-oecuons or JL�rt of r ,lOrt Tit pi-12 czs cf the Worms c_-L�t ui,Juosed. CL ne- Orders and Work Dire ve Cr ages, obta-;--i-,Q back= material from COIN- . TRACTOR a dre..e r end to-Es. -L -.r,; C g Orders,WonDirecve Changes,and_Field Orders. _ d_ _Report i=:riediare y to ENGI`i =anc; O W i R upon the cc-Lillerce of any ads:deme 10. Faymera 1?eo..re :Review applications for payment with CONTRACTOR for comps tardier with the eStPb- - er' rrocedi e for their submission andioiw'c_rd with rcor-TPcnc42 ioios ncf•7g pa c- . - t'iar_y the reia`OT:,T,i1 of the_rayinent re=yest eo theschedule of values,Work v iie:ear-d n eniais - andeo rnent deiir erect at the site bat not i burner in the for 13. Cer:�cates, I�r<enL nice a*a taper `or 3�1� :Dv-rim;the course of the Worn,verify t`at ;,rar-itenance and operation -aru- Tc and oder ciata recmred. to.be assembled and furnished by CON- ... TRACTOR are arplile to the iie;rq, i-,.s:ailed and in accordance with e Contra Documents, and have t3--r s.rn2teri l delivered to E\i--C-E‘,4 ;-R. for review and forwari a. to OWNER prior to final = payment for the Work_ - : .L. Cornnl.-man_ - - • - a_ Before aN GTh issues a C. , ir-�te of SLbstantai Co-,i Ietion, s.ilJu it to CONMAC I OR.•a list of - observed items rearing Lciuiuiefion or corre on_ b. Conerict Thai in_ueodon in the compaany of EN E..c'�, OWNkl.,_fid CONTRACTOR and prepare . a final list of items tribe co,L:uleted or corecte,. c. Observe 1.11.,'t item-c item-con r,,zai list have been completed or corrected 2ad make recor`;zendaricns to ENGINEER co ncerrin ac--eptarice. C. 7- rams o A lust sr• Resident Pi ject Regie: 1_ Fri2n.not a prize any deviationthe Ccu ct Doc rnet or snbsuaiiton of rn r s or al.-less a lace-- ed by E i.G Z S'ti not e.>cz:,d T nitadcxns oz i GT -.t- 's antic-tit"- as set ;La dl in the Agt----m.ent or the Contract 3]ocnrnents, 3. Fr:--,11 not unndeiM.ke any of the r cn--si,il of CONTRACTOR, subcc cis or CONTRA CT©R's. s.tuteuden.. :. _ 4_ Shall not advise on,issue ons relative-to or assucne carttrcl over any aspect of the me.--T-11,methods, - t i� =igses T sequences:or proceatres of mon" t i'iess such advice or c crs are rL cored by the Contact Documents. S. .Sian not advise on,issue dire ons res - g or ass me L I rol over •" • and-roc i- i came ton:With the Woes__ _ " " 6_ Sri not accept Lip Draw.' or sample Luna anyone other than.CON"i. CTOR 7_- S1-1:--U not i--e_OWR too v the t in or in part. -. S. 5'.=. not=arucin in sp r'i^b;7-d held or lab t.r -tests or mcpetons coned by others except as s - rally ar�i 7�-;by EirriN • • • eil 17 COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) RESOLUTION NO.2004 - A RESOLUTION CREATING THE POSITION OF PART-TIME INFORMATION TECHNOLOGY ASSISTANT IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS WHEREAS,THE UNITED CITY OF YORKVILLE,through it's City Council, Mayor and City Staff after careful consideration have found and deemed it necessary for the benefit of the UNITED CITY OF YORKVILLE to create the position of Part-time Information Technology Assistant; and WHEREAS,the job position for Part-time Information Technology Assistant will have the duties and responsibilities as set forth in the attached job description; NOW, THEREFORE, BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE, THAT THE POSITION OF PART-TIME INFORMATION TECHNOLOGY ASSISTANT IS HEREBY CREATED. That said position will be directed by and shall report directly to the Finance Director. The job description for Part-time Information Technology Assistant is attached hereto and is made part hereof as Exhibit"A". The hiring of a person to fill the position of Part-time Information Technology Assistant shall be subject to all probationary rules and regulations as set out in the current employee manual. REPEALER: All ordinances, resolutions or orders, or parts thereof in conflict with the provisions of this resolution are to the extent of such conflict hereby repealed. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion Page 1 of 2 EFFECTIVE DATE: This resolution shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURR ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2004. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004. CITY CLERK Page 2 of 2 Page 1 of 11 t[JR.AFT1 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday,September 21, 2004 - 7:00 p.m. In Attendance: City Art Prochaska—Mayor Harold Martin—Chief of Police Valerie Burd-Alderwoman Bill Powell—City Treasurer Paul James-Alderman Traci Pleckham—Finance Director Wanda Ohare - Alderwoman Eric Dhuse—Director of Public Works Richard Sticka—Alderman Kelly Kramer—Representative of City Attorney Rose Spears-Alderwoman Lynn Dubajic—Economic Development Director Larry Kot—Alderman Laura Brown—Executive Director, Joe Besco—Alderman Parks &Recreation Anna Kurtzman, ICCI Guests Dan Waitt—The Beacon News Kathy Farren—Kendall County Record Michael Hitzemann—Bristol Kendall Fire Chief Tom Lindblom—Bristol Kendall Fire Department Jonathan Fischel—Yas/Fischel Partnership Stephen Yas—Yas/Fischel Partnership Joe Wisniewski—Wise Construction Brian Betzwiser Paul Burd Chuck Brooks Bob Kenny—Schain, Burney, Ross&Citron Ltd. Debbie Miller&Mike Brandenburg—Tanglewood Homes Ed Lecompte—John Greene Realty The meeting was called to order at 7pm by Mayor Art Prochaska. Special Action Item 1. United City of Yorkville Hoover Use Agreement Mayor Prochaska stated the Forest Preserve District wants to finalize the Hoover property agreement by Friday and needs a vote from the City Council. This is the agreement between the City, CorLands and the Forest Preserve District and allows the Forest Preserve to buy the first piece of property. Attorney Kelly Kramer added that the City is protected from any possible liability and that the City staff is comfortable with allowing the Boy Scouts to use the property. Page 2 of 11 The Mayor asked the minute taker to establish a quorum by taking a roll call. The roll call was as follows: Alderman Joe Besco-present Alderwoman Valerie Burd-present Alderman Paul James-present Alderman Larry Kot-present Alderman Marty Munns-(absent) Alderwoman Wanda Ohare-present Alderwoman Rose Spears-present Alderman Rich Sticka-present The quorum was established, allowing the committee to take formal action. Mayor Prochaska entertained a motion to approve and authorize the Mayor and Clerk to execute the Use Agreement between Boy Scouts of America and Kendall County Forest Preserve,the City of Yorkville and CorLands for the Hoover Camp. Aldermen Kot and Besco moved and seconded to approve. The floor was then opened for discussion. Alderman Sticka asked about the Boy Scouts' use of the property and if there were specific dates of use. Ms. Brown replied that the Scouts will receive preferential treatment until two out of three of the phases of purchase are complete. After that time, Ms. Brown said the Scouts can still request use of the property,however, availability of the property or facilities may change. As there was no further discussion, Mayor Prochaska asked for a vote to approve this agreement. The voting was as follows: Alderman Joe Besco-aye Alderwoman Valerie Burd-aye Alderman Paul James-aye Alderman Larry Kot-aye Alderman Marty Munns- (absent) Alderwoman Wanda Ohare-aye Alderwoman Rose Spears-aye Alderman Rich Sticka-aye The motion carried. Public Hearing None Page 3 of 11 Presentations: 1. PC 2004-15 Evergreen Farm–Concept Plan–PC 9/8/04 Debbie Miller and Mike Brandenburg of Tanglewood Homes gave a presentation regarding a concept plan for property at Pavilion and Fox Roads—Evergreen Farm (Tice Property). Ms. Miller handed out a concept drawing and stated that the concept plan was done at the request of the Park District and City Planner. Tanglewood Homes does not own the property or have a contract on it and the current owner has no intention of selling the property at this time. The concept plan showed a proposed elementary school site and proposed bike path. Ms. Miller explained that currently this property is not contiguous to the City of Yorkville and not served by City water/sewer,however, the comprehensive plan shows the property will eventually be annexed. Home prices are projected to be $300,000 to $350,000. No neighborhood park has been planned at this time since only 76 lots are planned and because of the proximity to open space and nearby bike trails. Alderman Besco questioned if any road improvements would be made to Fox or Pavillion Roads. Mr. Brandenburg replied that improvements would be made. Mayor Prochaska added that the County would have input on improvements on Fox Road, while Pavillion Road is a township road. He also added that he favored annexation into the City rather than having a multitude of wells and septic systems. Alderman Sticka noted that the Plan Commission has looked at this concept plan. After brief additional discussion of possible parks, this presentation concluded at 7:25pm. 2. Yas/Fischel Scope of Service and Contract for Facility Master Plan There will be 2 phases for this plan: data collection/community image and define boundaries for the downtown plan. A timeline drawing and schedule of services was provided. The following are some of the key points/elements of the plan: 1. Hold City staff interviews in the first 2 weeks of October for overview of City facilities needed 2. Square footage requirements will be prepared for City facilities 3. Property owners and businesses in the downtown area will be asked for input 4. Hold listening session with City Council and key staff to brainstorm vision plan for downtown and various buildings/possible theme for architecture 5. Series of City listening sessions with citizens. Themes will be: a. Who is Yorkville and What is Essence of Downtown?(End of October/November 1st) b. What Do We Want to Do When We Grow Up?(municipal facilities) (November 1 st) Page 4 of 11 6. Public meetings will be held to assist in defining community image with past, present and future vision 7. Conceptual design options 8. Middle of October—begin digital based drawings 9. Concept drawings of landscape, signage, lighting 10. Mid-November--retail economic analysis/fmancial workshop 11.Meeting with Council and City staff outside normal meeting dates in mid- November, final meeting in January 12. Cost review for municipal facilities for budgeting 13. Mid-March-2 separate reports for downtown vision and for municipal facilities Alderwoman Burd asked how Yas/Fischel planned to market the downtown if the downtown businesses do not agree with the plan. Meetings will be held with citizens and a brochure will be printed to promote the City. Ms. Burd stated there is a strong feeling against growth and change within the City. Yas/Fischel would meet with these owners one-on-one to explain the City's goals. The Mayor pointed out that no business owner would be forced to do anything. He also said that a plan will be formulated giving the business owner the opportunity to change and many grant approvals are predicated on having a plan in place. The Mayor stated he would be willing to work with any business owner on any plan or ideas they may already have. The discussion turned to a letter written by Kelly Kramer regarding her recommendations for revisions in the plan presented byYas/Fischel. They included the following points: 1. Reimbursible expenses 2. Interest on overdue accounts 3. Deletion of mediation clause 4. Inclusion of a termination clause In addition, Mayor Prochaska recommended that all documents become City property. Alderman Sticka asked what was included in the reimbursible expenses. These expenses would be comprised of outside printing services, messenger costs, etc. Mayor Prochaska felt these would already be covered in administrative costs and disagreed with an extra 15%on mileage. Yas/Fischel representatives stated that reimbursibles represent 6% of their total fee. The committee then discussed the projected start date of October and if this item should be moved forward. Alderwoman Spears asked if any money was allocated in the budget. Ms. Pleckham replied that though the money had not been allocated in the budget, there was a large amount of money in Building&Zoning that could be used. She recommended revisiting the costs as the project moves forward. Mayor Prochaska noted that the fee of$120,000 does not include reimbursables which would add $3,000-$4,000. He recommended that the fee not exceed$120,000 or the matter would have to be referred back to the City Council. Ms. Pleckham Page 5 of 11 will examine the budget for the funding by next week. Yas/Fischel also noted that Administrator Graff would like to see the costs spread over two fiscal periods. This presentation concluded at 7:55pm. Detail Board Report (Bill List) Many questions were brought up regarding the bill list. Among those more specifically discussed were: • Cost of hotel& seminar for Parks employee, Scott Sleezer. It was noted that these costs will be billed back to Parks &Recreation. • Bart Olson intern fee • Total of operating supplies-Alderwoman Spears asked for more detail on these items. She noted that she had asked for this detail last year. • ServiceMaster cleaning bills—it was noted that a mat service was discontinued in favor of ServiceMaster cleaning the mats. Items Recommended by Committee for Consent Agenda 1. Building Permit Reportfor August 2004-EDC 9/20/04 The building permit report was moved forward to the City Council Consent Agenda. Mayor 1. Coffee with the Mayor Mayor Prochaska noted the next coffee is September 25th at the Yorkville Chamber of Commerce. 2. Resolution Establishing Time and Place For Countryside Center TIF Public Hearing A resolution will be drafted stating there will be a public hearing held November 23`d at City Hall. There is a plan on file that can be viewed. Ms. Kramer stated that the City Council needs to make a recommendation for a City Council member to be a representative on the joint committee of all the taxing districts. The joint committee includes the County, schools, community college etc. Mayor Prochaska asked for any volunteers to contact him. 3. Development Attorney Recommendation by Mayor/Staff This matter concerns the sewer line that developers intend to run to the North and the documents that need to be drafted concerning this line. Mayor Prochaska noted there could be some conflict with the City Attorney who might already represent landowners in this area. Page 6 of 11 At this point, Bob Kenny of the firm Schain, Burney, Ross and Citron, Ltd. introduced himself. He gave an overview of his firm and stated that his firm does land use and development work and sometimes acts as special counsel. The firm brings the benefit and expertise of representing various developers and municipalities. Mayor Prochaska stated that this firm was recommended by the bond counsel to handle the shared cost of the Rob Roy Creek interceptor expansion agreement. Alderwoman Spears asked if our legal counsel suggested there might be a conflict of interest. It was noted that the City Attorney may have represented some of the current property owners. Alderman Sticka asked who would pay the legal fees of this project. The majority will be paid by the developers according to the Mayor. A lower hourly rate would be charged to the City than for the developers, stated Mr. Kenny. The lower rate is the"municipal rate" since the City is not doing this for profit. There is no retainer fee for using this firm,just the hourly charge. Ms. Pleckham suggested changing the language to reflect payments being due in 30 days rather than 15 days. This was agreed upon. Mr. Kenny's presentation concluded at 8:30pm. This item moves to the City Council agenda for consideration. 4. Overlay Ordinance This item was briefly discussed since no information was included in the packets. S. Heartland Circle Reimbursement—Johnson Street Water Main The exact dollar amount will be requested for the work that was completed three months ago. Mayor Prochaska requested all documentation by Friday. 6. Yorkville Intermediate School Public Dedication October 13th This item was for information only. Economic Development Committee 1. Fire Department Request for Development Fee/Facility Planning Study Alderman Sticka noted that additional justification for impact fees had been requested of the Fire Department. He said the Fire Department did the research themselves and presented a very comprehensive report. Page 7 of 11 Chief Mike Hitzemann said the report was based on a projected growth in new areas, of three persons per household. Mayor Prochaska added that 100%buildout would equal 9,600 units or 27,000 additional people. The Chief also said that a paid staff of firefighters will soon be needed which is approximately 70% of a fire department budget. Alderwoman Burd asked how soon a ladder truck would be able to be purchased. Chief Hitzemann replied he thought one would be purchased within the year and noted that it can be used horizontally as well. She commented she was appreciative of the cooperation between the City and Fire Department. It was also noted that money received upfront from developers must be used for capital purchases only, while money gained as a result of a referendum can be used for operational costs. It was noted by the Mayor that commercial areas have less of an impact on costs due to stricter building codes. The Mayor will ask the attorneys to review this request and give a recommendation. Alderman Sticka and Kot support a fee of$1,000 per unit and the Mayor added that the Council also supports the $1,000. There will be a recommendation to the Council by Friday. Attorney Kramer will discuss the recommendation with Chief Hitzemann.. This item will move to City Council for consideration next Tuesday. 2. Revised Landscape Ordinance Alderman Sticka stated that a revised version of this ordinance had been requested. The Mayor added that an addition to the ordinance was a permit to remove large trees from property and the preservation of trees. Mr. Graff previously met with some developers regarding some of the developers' concerns. It was noted that some architects felt the ordinance was lenient while others felt it was strict. Alderman Sticka suggested a public viewing of the revised ordinance. Ms. Burd suggested that language should be included that would "encourage replacement"of trees which are removed. It was suggested that perhaps Mike Schoppe could explain the ordinance at a future committee meeting. Richard Guerard of Wyndam Deer Point commented that in his developments he found that when the utilities are in the fronts of the property, there must be a flexible code in place if many trees are desired. He noted that utilities run in straight lines and utility companies cannot work around trees and often the trees die. Attorney Kramer noted that these issues must be negotiated in PUD agreements. This item will be brought back to C.Q.W. for further discussion. Page 8 of 11 3. Appearance Code Ana Kurtzman commented on the revisions made in the appearance code including flexibility of masonry material, loading bays and multi-family housing. Alderman Sticka said that a builder had stated that masonry might not meet the required result. Mr. Sticka also felt that the existing industrial park should not be held to the same standards as a newly built area. Mayor Prochaska felt that"city arterial or collector"should be added to the language in addition to a"city or county highway". An owner of a 4.25 acre lot in the Fox Industrial Park, Brian Betzwiser,then addressed the committee. He explained he applied for a building permit based on the building codes in effect at that time. He believes that the building he proposes to build will be attractive without the use of masonry on all four sides as proposed in the Appearance Code. Mayor Prochaska said perhaps a sunset clause or a time limit is needed in such situations. An appeal process is another option. Joe Wiseniewksi of Wise Construction then spoke. He stated he had attended the last meeting and made reference to the fact that there was discussion at that meeting, to remove language saying all outside finishes had to be masonry or block. He said that language was not included in the revision. Mayor Prochaska added that if a building is along a street,there must be 50%masonry. However, he stated there needs to be some flexibility in the code since the intent is not to force each proposed structure to come before the façade committee. Alderwoman Burd suggested that each building built along major arterials should come before the facade committee. Ms. Kramer also said specific districts could be identified for certain facades. She added codes are written with non-specificities to allow for changes in the market. Alderman Kot said he believes this proposed code is better than the current one, but favored not having a sunset clause, and forcing everyone to follow the same standards. Alderman Sticka and Alderwoman Spears did not agree, saying new standards should not be imposed in areas like the industrial park that is nearly built out. Alderman Kot felt a 5-year sunset clause was too lengthy,however,Mr. Betzwiser has a 4-year buildout plan that could also be affected by economic conditions. Mayor Prochaska asked Ms. Kramer to research whether or not clauses could be approved for specific areas. The consensus of the group was to allow a sunset clause. Mr. Wisniewski added that current industrial park building owners wanted to make changes and this ordinance will encourage them to do so before the sunset clause expires. This item will be brought back to the next C.O.W. for a final review. Page 9 of 11 4. Fox Hill Amendment to Annexation & Planned Unit Development Agreement A public hearing was previously held on this matter and Attorney Kramer noted that the Council had requested one change to the agreement. It was requested to attach a copy of the building footprint to make sure the multi-family housing conforms and change the language on the agreement. This item moves to City Council for consideration. S. PC 2004-13 Raintree Village Units 4, 5& 6 Final Plat, EDC 9-20-04 Alderman Sticka reported this development had been reviewed by EDC and Plan Commission. These committees commented that this plan was very clean and straightforward. This proceeds to City Council. 6. Fox and Kendall Township Land Resource Management Plan Update Schedule and Request for Funding Assistance—EDC 9-20-04 Attorney Kramer reported that Kendall County is updating its Land Resource Management Plan in Fox and Kendall Townships. A letter addressed to Mayor Prochaska asked for assistance in the amount of$2,000. Ms. Kramer noted that no money had been requested when other township plans were updated and that any such contribution was at the discretion of the Council. The committee questioned why the County was requesting monetary help. The consensus was that since Yorkville is doing its own comprehensive plan,the committee prefers not to contribute the money. No further action will be taken. Park Board 1. Beecher Parking Lot RFP Results Laura Brown reported she had received 2 bids for resurfacing of the Beecher parking lot. Aurora Blacktop is the recommended contractor. Mayor Prochaska said this project needs to be a priority due to use by the senior population and young children. This is a budgeted line item and Ms. Brown reports the work can be completed before October 31st. Mayor Prochaska recommended this be forwarded to City Council consent agenda to accept the bid. Page 10 of 11 Public Works Committee 1. Subdivision Control Ordinance—COW 8/17/04& COW 9/704 This item was tabled from a previous meeting. Ms. Pleckham asked for time to review the item and then have it brought back to a future meeting. Ms. Kramer added that there were comments on some of the street names. Mayor Prochaska asked her to review the addition of an effective date to the ordinance. This ordinance will move forward to the City Council for a vote. Public Safety Committee There was no report. Administration Committee 1. Budget Summary Report for July 2004—Update As of July 3P1,the budget is 25%to the fiscal year,revenue received is 19.62% and expenses are about 15.3%. Alderman James said these figures show the budget is on track for the year. 2. Payroll Direct Deposit— Update—Admin 9/9/04 Direct deposit for City payroll will be implemented soon. This item will move to the City Council consent agenda for a motion. 3. NIU Graduate Internship Program Contract—Admin 8/12/04& COW 9/704 This item formalizes the training agreement for the intern, Bart Olson. Item moves forward to City Council consent agenda. 4. Salary Survey: Mayor,Aldermen, Clerk& Treasurer—Admin 9/904 The intern recently completed a survey of salaries paid to other area aldermen/women and furnished charts showing salaries for various elected officials and graphs showing the salaries as compared to municipal populations. This issue was discussed at the Administration committee to make recommendations for salary ranges. It was then moved to C.O.W. Mayor Prochaska noted that any change in the salaries must be passed by October 6th (180 days before an election). Since that 180-day information was not available at the Administration meeting, Alderman Kot stated he did not feel there was Page 11 of 11 sufficient time to properly evaluate this possible change. Alderman Sticka said he did not agree with the "pay per meeting" some towns use because there is much more time spent in preparation for meetings as well. There was also some discussion of monthly payments. The consensus was not to rush through this issue and to return the item to Administration for more discussion. No further action was taken. Additional Business: Eric Dhuse reported on the work being done on Rte. 47 at River Road. A left turn lane is being constructed and the work will be done at night to avoid traffic tie-ups and residents will be notified of possible construction noise. This work is being done as a result of a suggestion by the Mayor. Alderman Kot reported that IDOT is working on the traffic light sequence at both Rt. 30 and Jericho to alleviate traffic backup on Rt. 47. The in-town road project was commented on by Mr. Kot. He suggested an informational meeting with residents to make them aware of the work being done. A date will be set. Alderwoman Spears suggested that a temporary chairperson list be drafted to be used when the Mayor is absent. Mayor Prochaska made a recommendation that the committee choose a Mayor Pro Tem for a specific amount of time. A policy will be drafted and brought back to C.O.W. Finance Director Pleckham will make an inquiry regarding the type of degree being pursued by Jennifer Woodrick. This will be done at the request of Ms. Spears. Attorney Kramer noted this could not be further discussed under additional business. Mayor Prochaska stated he had received phone calls from residents of Ward 3 asking about the sewer pipe being run under an easement. He stated a letter is being sent to residents to inform them of the actions being taken. Additionally,the Mayor announced two other items: • A Public Hearing regarding the gravel trucks traveling to Lisbon Center • Meeting with IDNR to show renderings of the dam As there was no further business,the meeting was adjourned at 10:20pm. Minutes respectfully submitted by, Marlys Young, Minute Taker Page 1 of 18 UNITED MMI EE OF THE WHOLE MEETING DRAFT OT TUESDAY,NOVEMBER 2,2004 7:00 PM Council Chambers & City Hall Conference Room Council Members in Attendance: Mayor Prochaska Alderman Besco Alderman Sticka Alderman Kot Alderwoman Ohare Alderwoman Burd Alderwoman Spears Alderman Munns Non-Council/City Staff in Attendance: City Administrator Tony Graff City Attorney Kelly Kramer City Treasurer William Powell Executive Director Parks&Rec Laura Brown Director Public Works Eric Dhuse Finance Director Tracy Pleckham Police Chief Harold Martin Attorney at Law John Wyeth Other Guests: Please see sign in sheet. The Meeting was called to order at 7:00 pm by Mayor Prochaska in the Council Chambers. Mayor Prochaska informed all those present that the meeting would begin with item#1 from the Mayor's Report (Countryside center Open Space-Neighborhood Meeting 8/30/2004) due to the volume of Public that has shown to hear the discussion on this item. Mayor Prochaska at this time also asked all present to please sign in to register attendance. Mayor: 1. Countryside Center Open Space—Neighborhood Meeting 8/30/2004: Mayor Prochaska pointed out that both Kelly Kramer(City Attorney) and John Wyeth(Attorney at Law) would be updating the Committee and the Public as to where the City stands. Kelly Kramer took the floor first stating that staff had met with a couple of the owner's representatives from a group in Countryside who got together after the neighborhood meeting and had some recommendations for the open space internally and the open space around the creek. They also met with some of the 1 Page 2 of 18 Attorneys who have filed Adverse Possession Claims against the current owner of the property and the current owners of the property Attorneys. She went on to state that after looking into the adverse possession claims,they most likely are very viable and so it is staff position that the City should except the title to the property, subject to the Adverse Possession Claims and therefore will investigate into doing a land swap with those owners. One of the owner's with the claim has an unclear legal description and it shows that they even own into the pond. Kelly Kramer stated that the major item discussed was for the City to draft a conservation easement so none of that property could be built upon. They are in the process of looking into what encroachments are on the internal open space along with the creek side too. She stated that John Wyeth and she will be drafting that conservation easement so that nothing will be built. At this time Kelly Kramer asked if there are any questions. Alderman Sticka asked what will happen if the City does not want to accept title to that property. Kelly Kramer responded that the Property Owner will be forced to defend the Adverse Possession Claims and the Home Owners have already indicated that they are not interested in forming a Home Owners Association to take title to the property. Kelly Kramer stated then if neither of the parties indicated above do take title it will go into limbo until there is a title suit. Mr. Sticka asked if a person could say `I hereby renounce ownership of this property', he didn't think that someone could just say they don't own it to not have any obligations anymore. Kelly Kramer responded by saying 'no',then went on to state that after conferring with the Attorney of the Property Owners it is in the best interest of the City and the Property Owners there, so that the land is not sold or developed,this will preserve the land in question. She went on to say that it is recommended for the City to take ownership so this will not happen. Alderman Sticka asked then if the City does take ownership of the property,doesn't the City then take responsibility for maintaining the land. Kelly said that the City will have a responsibility to maintain it, but that is why they want to put in the Conservation Easement is to work with the current property owners in the continuation of them continuing to maintain the property as is being done so now by them. She stated that they have discussed some sort of land trust, but the problem with that would be who they would put as the beneficiary of the land trust and here you run into revising the land trust every time a lot is sold. She went on to say the best solution would be a not-for-profit home owners association then the purchase of liability insurance is available, but then again the home-owners have previously stated they are weary of going that route. Mayor Prochaska at this time asked then what the option for maintenance would be then. Kelly Kramer stated that something could be written into the Conservation Easement regarding having the current home-owners are responsible for maintenance, which is what is happening now. Alderman Besco asked at this time if the area that needs to be maintained could be tied to the address, instead of the actual owner of the property. Kelly Kramer 2 Page 3 of 18 responded as far as deeding up the internal open space and doing this the surveying cost is going to be enormous to go this route. She feels that the owners of the property now would not be interested in paying the cost of that and this would potentially cause neighbor to neighbor disputes. Alderwoman Spears asked if the City would be taking over the titles for the entire area or only for those who have filed the Adverse Possession Claims. Kelly Kramer responded that the City so far would take title to those who have filed the Adverse Possession Claims. Essentially those people would possess title in the property that they filed suit for and the City would take title to the balance of the area. Alderman Sticka asked if more people could still file Adverse Possession Claims. Kelly responded that it is a definite possibility, but as of yet it is not too late to do so. She went on to say that there is a provision in the Illinois Compiled Statues that there is very limited situations in which individuals can file Adverse Possession Claims against a Governmental Entity and also the Property owner that Currently owns the property would be quick claiming it to the City and then if the property is quick claimed to a Home-Owners Association or Land Trust it then would relieve the City of any liability of the chain of title. Alderman Sticka stated that his concern is that this does not seem to be an asset to the rest of the City,just a benefit to those who live in the immediate area of the land, yet it will become the responsibility of the City to maintain that area with this change happening. Kelly Kramer stated the City again could speak to the home-owners about writing into the Conservation Easement the fact that it will be the home-owners responsibility to maintain the land. Alderman Sticka pointed out that he believes that the City has to pay currently approximately$50.00 an acre for lawn mowing and the area in question is approximately 20 acres. He does not want all the tax payers to pay the $1,000.00 per mowing that would have to be done approximately 15-20 times a year. He feels that should not become a City Expense. Kelly Kramer stated this will be discussed with the home-owners Attorney. Mayor Prochaska asked to do a Land Trust,can the beneficiaries of the Land Trust be tied to the title and not to the actual people living there. Kelly responded that it is possible, but you still run the risk of having to have name beneficiaries and that would be up to land-owners themselves would have to work out of who the named beneficiary would then be. Mayor Prochaska asked if the beneficiary could be an address. Kelly responded it did have to be a named person or a not- for—profit legal entity too. Alderwoman Spears stated to those present that what Alderman Sticka has brought up will not be a concern. She went on to state that there were over 200 people at the meeting and all the people have been caring for the property for over 30 years and have indicated they will continue the care and maintenance. She stated this is due to the owners taking pride in the land and would not become a burden to other tax payers. She brought up then that there is no park in the area. 3 Page 4 of 18 She went on to say that the other people in the areas may request a park in the area later on. Mayor Prochaska stated then that the problem then is that people are not interested in having that land open to the outside area making it a public park. He has been told there is no interest in going that route. Alderwoman Spears went on to state she did not mean for the land to be turned into a public park, but there is a give and take in various areas. Alderman Sticka added that he has received various letters from people in Countryside who have stated that they do not want people who don't live there coming into there back yards, with that point made, he added that it should not be the City's taxpayers obligation to maintain and pay for that area then. Alderman Besco went on to state that there are always home-owners there inviting others into see the land they get to enjoy. Alderman Sticka then questioned if taxes have been paid on this property over the years. Kelly Kramer replied that yes the taxes have been paid. Mr. Sticka went on to state that he has heard that if the City did not take title to the land,the property could go up for tax sale, where a 31-a party had the chance to come in and take ownership. Kelly Kramer responded that potentially that is a possibility. She added then that she feels the City has a certain duty to protect the open space from being developed and keep the status quo there. She said that there has been building permits previously requested in the open space and the City has so far kept any development from happening. Alderman Sticka agreed that the City's objective all along has been to keep that area from development. Mayor Prochaska agreed that for the most part that is true;the thing being then is to do an agreement with the owners then as far as maintaining the land through the Conservation Easement. Alderman Sticka questioned if the City would then be paying the property taxes for the open land. Kelly Kramer stated that it is her understanding that if the City takes title to the land they need to either file as tax exempt with the State of Illinois or if the Home-Owners Association were to take title it would be taxed at $1.00,which is a minimal tax. Mayor Prochaska believes the way to go is to draw up the Conservation Agreement over the green space as far as maintenance. Kelly Kramer stated that John Wyeth and she have been talking about this situation already, they would draft it in such a way that they would try incorporate current encroachments that are on the property to allow current buildings to stand,but never will they be allowed to rebuild on the open space. They will also be working with the representative of some of the home-owners in Countryside to get it written properly. Mayor Prochaska stated that at this point the City first needs title of the property. Kelly Kramer went on to state that from there the City would need to accept title, record the deeds, clean up all the Adverse Possession Claims that have been filed with the property owner and then work on creating the Conservation Easement for 4 Page 5 of 18 the property. Kelly went on to state to address Alderman Sticka's concern with the cost in maintenance,there is always the possibility of creating what is essentially back-up SSA, so the City Residents on the whole are not taxed for the maintenance only the residents that are currently residing next to the property would be taxed for the maintenance if the City should ever have to care for the land. Mayor Prochaska stated then that if the City does the Conservation Easement the language could be in there that so long as the property is maintained and kept to the City's standards the City would take no further action to do anything with the property other then leave it as is. He feels that this is what most people want. Alderman Besco brought up the question of what if one or two home-owners choose not to care for the land as originally set up,what the City would do then to resolve the issue of maintenance then. Mayor Prochaska stated that the neighbors then should step in and take over the care of the land at that point. This will then keep the City from having to step in and takeover the land and maintain the land. Kelly Kramer stated it would cost the City a lot of money to put in the SSA just for one or two land owners not taking care of their share of the work. The Committee as a group now feels this probably would not become a concern. Mayor Prochaska added that maybe the home-owners could identify one or two people as contacts to help resolve any issues that may come up in the future. Alderman Sticka questioned if this would be voted on first to accept property and when accepted the Council can then decide on the Conservation Easements at the next City Council Meeting. Kelly Kramer stated that it would be her suggestion to vote on accepting the property first and from there it would be possible to work on the Conservation Easement then if that is what the Council wants to do. Mayor Prochaska added that the papers for the quick claim to the City have been around for awhile, it is just a matter of the City doing that. Alderman Sticka suggested that the Council have sufficient time to hear a response from the public, but also giving them time to think about and discuss the matter amongst themselves before the City moves forward without any response. Kelly Kramer added that it is going to take some time to draft the Conservation Easement. Mayor Prochaska stated that he does not City Staff to spend a lot of time working on this issue until he knows that this will not go thru. Alderman Sticka then added that the Council does not want to move forward on anything until they know this is what the residents want either. Mayor Prochaska agreed with him on that,but the staff will not start on anything until the Council is in agreement that this is the direction they are going to go. He then suggested that this will go before the City Council for consideration on 11/24/04 Meeting then. Alderman Sticka went on to state supposing next year the residents up there decide to say maybe a property home-owners association was a good idea, what can they do then. Kelly Kramer responded at that point they could file the appropriate papers with the Secretary of the State to get their corporate status and 5 Page 6 of 18 from there the City will quick-claim to them when they petition to the City. Alderwoman Spears added again that at the previous meeting with the owners this is the route they want to go, so she reiterated that any potential problems should not be a concern of the Council. Mr. Jim Rados who resides at 305 West Kendall in Yorkville approached to speak to the Committee. He stated to the Committee that he feels that they have had a lot of positive reaction coming out of this endeavor with the City. Having a common area has been a real asset to the residents there. It is a space that they use all the time and enjoy it greatly. They are a neighborhood who takes care of their property and they want the City to know that they want this land available for their kids and grandkids to be able to keep using the land. They are asking for the City to assure them that this job will go the right way and they are will to maintain the land as to be set up through the Conservation Easement. They are proud of there land and will not let the City down. They are also asking for assurances from the City that no buildings will be going up in the open space or future sewer lines through there. Mayor Prochaska responded to Mr. Rados that as far as the Council being concerned about the open area, he reminded him that last year the Council voted against sending sewer through the open space then to preserve the beauty of the area. This should be proof to the residents that they are concerned,but there is no guarantee of how future Council members will feel either. Mr. Rados then stated that the Conservation Easement is a great idea to prevent future Councils from changing this settlement. Mr. Rados added once again that the residents are happy with how the City is handling and taking care of the situation at hand. Mr. Steve Borneman who resides at 9618 Immanuel Road in Yorkville approached the Committee to speak next. He started by stating he has been a Countryside resident for 5 years now and is one that supports and agrees with where the Council is taking this. He wants to specify at deeper levels with the Council of what they accept. He went on to state that as the Steering Committee met they recognized the effort that the City went through which is a president setting that has been set for Countryside. He stated that they also recognize that Countryside is a community of itself, but simply that,they want to preserve it. He stated that the Parsonage backs up to the water, which gives him a chance to visit with a lot of folks that go back there in the summer. He went on to say that most of the fisherman that go there are not Countryside residents either and they recognize the need to preserve this area for those outside of the immediate area. He emphasized that the residents are not being selfish in having this done and they do realize that the Citizens there have a responsibility to maintain this area. Mayor Prochaska added that he hopes we all recognize that together with the residents they are breaking new ground in that he has not seen any community has done in preserving a unique area. He believes this will set a president possibly in the future for other areas as they look at more areas that will have green and open 6 Page 7of18 areas behind them. He is excited about this happening because he feels it shows a good cooperation and what the people in Yorkville are made of. Mr. Rados added that they have all the borders have been straightened out and agreed upon between neighbors for the care of the open area at hand. Mayor Prochaska added that what Alderman Sticka is concerned about with the maintenance being taken care of, this issue should go back to the land owners to be made clear to reassure the Council should move forward. Alderman Sticka stated he is impressed to hear that this committee has done such good work and that they have earned confidence from all the residents in Countryside. Kelly Kramer added that she estimated that there were probably roughly 300+people at the open meeting with the community,with a lot of good comments from the residents that reside there. Frank Schimpf who resides at 109 Palmer Court in Yorkville approached the Council next. He stated he had some comments and questions for the Committee tonight. He started by stating he attended the first meeting and the second meeting where the issue of adverse ownership came up. He went on to state that he pursued that and sent his letter to the City Clerk, Jackie Milchewski, and has yet received no reply. Mayor Prochaska stepped into say that the City does not own the land yet, so there is nothing to do at this point. Mr. Schimpf went on to say that at the meeting they were instructed that if they were interested in pursuing the adverse ownership that is what they were to do. Kelly Kramer stated then that any kind of claims the residents had they were to contact the City Clerk for them to look at prior to the City taking ownership. Mayor Prochaska added that all letters received have been passed along to the City Attorneys. Kelly Kramer went on to say that they will take another look at his, but a lot of them were simply just mowing the grass or similar items,which in the City's mind did not read to a level of adverse possession. She went on to say that she recommends that if he wants to seriously talk to the City, contact the City Administrator,John Wyeth or herself as well as contacting a private attorney who can give him the exact statutory requirements for an adverse possession claim and quite title claim The City can't give any kind of legal advice to him. Mr. Schimpf stated that previously in the meeting there was a time frame mentioned and wondered what it was. Kelly Kramer replied that there is a statue of limitations and she can not advise him of that. Mr. Schimpf moved on to speak about the restrictions discussed about what can be on the land, such as trees, gardens, flowers and so on. Kelly Kramer responded that the City will look at a place by place basis, but the policy has been in the past that if there is certain encroachments, such as a tree into the open space,the City will not have a problem with the property owner keeping it there and being maintained. Mr. Schimpf brought up that his neighbor has a very large garden back there, which he does not have a problem with being there. Kelly responded that from a practical aspect, most likely it will not change. She went on to state that previously it has been written in that if the property were to be 7 Page 8 of 18 sold and was turned into a state of disarray,then the City will step in requiring it be moved to behind the property line. Mr. Schimpf went onto ask the Committee what will happen if something happens on the open land if someone were to be injured while maintaining the land. Kelly Kramer responded by stating that the City does not have a lot of liability unless they actively cause or some sort of negligence on their part has happened. She went on to explain that it is a higher level when you are a municipality because you have what is called torn immunity. Mr. Schimpf asked how the home owners prevent one resident from mowing 1-5 homes responsible areas. Mayor Prochaska responded that the Council at the time will have to deal with. He went on to say that if it becomes that the City has to maintain 50% of the open area the Council at the time may look at this in a different way so that the residents there are paying for the care. Mayor Prochaska stressed again that contacts for the City would be beneficial to resolve any issues in maintenance that come up. Mr. Chris Moment who resides at 303 Center Parkway in Yorkville approached the Committee next. He began by stating he has been a resident there for 11 years and is on the Steering Committee for the Community. He informed the Council that there will be another neighborhood meeting to inform the residents of what the Council is planning on doing. He added that they know that this is taking a lot of time and money from the City and they appreciate the job being done well and with their interests in mind. They will also go back to explain adverse possession claims to the residents as well and how it will split up all the land. He thanked the Council for the work they are doing. Mayor Prochaska stated that he would like to keep this moving and have this on the agenda for acceptance at the 11/24/04 City Council Meeting unless there is a major dissention saying they don't want this to happen. Jennifer Lunn who resides at 122 Blackberry Lane in Yorkville approached the Council next to speak. She stated she has been a resident in Countryside for 15 years. She suggested or questioned the idea of taking a petition to the neighbors if in favor of this moving forward to bring back to the Council, so that the Council knows where the residents stand on this issue. Mayor Prochaska stated that would definitely be a good way to let the Council know where the residents stand. Alderman Munns asked the residents present, if he were to decide to go for a walk with his kid or dog, how they would feel about that. Mr. Borneman replied that he could grab a chair out of the back yard and enjoy sitting by the creek. Mayor Prochaska stated to those residents present to please have the signatures received and then approach the rest of the residents before this goes to City Council in 3 weeks. Mayor Prochaska thanked all those present for attending. The Council and the Mayor took a few minutes to move to the Conference Room 8 Page 9 of 18 so that they can hear better while the residents finish signing in and finish leaving the Council Chambers. The Committee started at the beginning of the Agenda to follow through in order for the rest of the meeting as well. Public Heating: None Presentations: None Detail Board Report (Bill List): Mayor Prochaska asked the Committee Members if they had any questions regarding the bill list. • Alderwoman Ohare started the questioning on page 29, last item under W&CO PTW& CO.; she asked what ADMIN-ACCTG ASSISTANCE was due to the sum of money being paid for it. Tracy Pleckham replied that this was a line item in the budget for when PTW comes out to do the quarterly check on their finances before doing the annual audit. Alderwoman Spears asked if they were doing a reconciliation of the back statements too. Mayor Prochaska stated that they are the 3`I party looking at the City's books to make sure everything is being tracked carefully and correctly. Alderwoman Spears then questioned if it was okay to have the firm that does the City's Audit looking at this quarterly too. Mayor Prochaska replied they were checking the City Staff's work. Tracy stated that they do this quarterly to prevent any big issues at the end of the year. • Alderwoman Ohare questioned on page 30 under Royal Publishing, the only item- SECTIONAL VOLLEYBALL. Mayor Prochaska replied that this is an add put in the program at the Sectionals. This will come out of public relations. Mayor Prochaska stated that this could be under several items; this is one of the reasons that area needs to be better clarified with budgeting. • Alderwoman Ohare questioned on page 32, under Suburban Chicago Newspapers Ad, item 01 for the Beacon News for the Water Department. Eric Dhuse stated that the Water department does have a subscription for the Beacon News. Alderwoman Spears questioned that taxpayers are paying for that. Alderman Munns asked if this was the subscription for the City too,or is there more than one. Eric replied that there is more than one. That one just goes to Public Works. Alderwoman Burd asked if they subscribe to the Kendall County Record too. Eric replied that he actually brings his in from home. Alderwoman Spears questioned if these were approved expenses. Mayor Prochaska stated that the City gets both papers at City Hall, but again that is a different facility of the City. Alderwoman Spears stated that she had never noticed it on the Bill List before. • Alderman Besco questioned page 29,under Professional Service, item O1-Eng- Soil Testing @ Heartland. He asked if this is something we are to bill to the Developers. Mr. Graff stated that this is agreed upon and brought through Public Works awhile ago and it was recommended to bring in a third party to do the soil testing. Kelly Kramer stated that some of the property owners in the area were wondering about the quality of the liner in the pond and this was not agreed as to be paid in the easement agreement. Kelly went on to say that this is billed now because they just had received the results approximately 2 weeks ago. 9 Page 10 of 18 • Alderman Munns questioned page 27, under Office Works, 3rd item. He stated he understands the cordless headset, but under that there is a cost for a lifter and he asked what that was for. Tracy Pleckham stated that it was part of the headset and is what is on the base taking the phone of the hook. These will be used by the lower level receptionist who didn't have one. He also asked if the item below that those was a clipboard with a calculator built into it. Eric Dhuse stated that he was correct. • Alderwoman Spears questioned page 15, under Holley Septic Service, only item. She asked if this would be reimbursable or not. Eric Dhuse stated that they are sending the bill to Joyce Lee. • Alderwoman Spears questioned page 12, under Four Seasons landscaping plus, only item. She questioned if this Four Seasons Landscaping was one of the City Employee's Companies. Eric Dhuse stated it was not. Mayor Prochaska stated this will go onto City Council on 11/9/04 for payment. Items Recommended by Committee for Consent Agenda: Mayor Prochaska asked if there were any questions regarding any items. Any questions that arose are marked behind the item below. 1. Deuchler Agreement for Southwest and Pavilion Road Interceptors—PW 10/25/04: No questions 2. River's Edge Unit 1 —Letter of Credit Reduction#3—PW 10/25/04: No questions 3. Grande Reserve Mass Grading—Letter of Credit Reduction #1 —PW 10/25/04: No questions 4. North Water Tower—Change Order#3—PW 10/25/04: Alderman Kot stated he understands what h9s happened here,but does the material increase that much in that short of a time period. Eric Dhuse replied it does because it is a steel product and right now it is increasing dramatically. They did have to wait to but it for the project to be done correctly. Mayor Prochaska moved those onto Consent Agenda at 11/9/04 City Council. Mayor: 2. Risk Management Annual Insurance Coverage 2004-2005: Mr. Graff started the discussion explaining to the Committee that the IMLRMA 2005 Insurance Renewal Information was in there packet and if the Committee chose to stay with them for the next year and they can pay by 11/19/04 they will receive a 2% discount for paying early. This would save the City$2,430.38 by paying early. He went on to say that if the Committee decides to switch companies, they need to give IMLRMA a 30 day notice of cancellation. He 10 Page 11 of 18 introduced Mr. Joe Roberts with Caywood Associates Inc.to explain the benefits that his company has to offer. Mr. Roberts stated he had looked over the City's current policies to see what options the City had available to them. He went on to state that Yorkville is in a state of limbo when it comes to the Insurance industry because they are not small enough to take advantage of some of the nice comprehensive small municipality pools, but they are not large enough to take advantage of the big insurance companies like the AIG's or CNA's due to the City's account does not generate enough premium. This fact results in Yorkville not having many options. He went on to state that the current policy is a quality program,but he has some differences that he will be pointing out to the Committee tonight. He has found a policy from the Illinois Counties Risk Mgmt Trust which used to be where the City held their insurance up to 1999. The change at the time was due to the K-9 unit coming on then and they could not cover that issue. This resulted in the City being forced to switch Companies back then. Since that time this trust has enlarged their coverage available which makes them available for Cities the size of Yorkville to use. He moved on to explain the differences between the current insurance company and the one he has found for the City of Yorkville to consider. Mr. Roberts went onto state that the premium on the current policy, if you pay in advance like the City normally does,would be$119,089.00. The City is involved in what is called a minimum/maximum plan. That means the City will pay a minimum premium of$119,089.00 and the City has a maximum premium of$162,403.00 that the City can pay. He stated that means this policy is accessible. Accessible means the premium amount is based upon the City's losses. If the City had losses that range from$81,771.00-$122,654.00 or anywhere in this range here,the premium will go up. The City is basically rolling the dice each year for what the premium will be. Historically the City's losses have been very good. In the insurance industry they love Companies like the City of Yorkville do too this loss ratio. The City's current loss ratio is 47%. This means that City has 47% of losses versus the premium paid. However,he explained that as the City grows the City's exposure will go up and they know there is potential for more and more claims. The problem is that $81,771.00 is very easy to reach which leaves the City open to paying a much higher premium under the coverage they now have. Mr. Roberts went on to explain the proposed insurance company, Illinois Counties Risk Management Trust, and the program they are offering the City. He stated that they are so popular because they are a 100%fully funded plan. This means the premium is not-accessible. The current price for their plan with some expanded coverage, which he will explain later, is$123,671.00 for the premium. This leaves a difference at about $4,000.00. He stressed again that this premium is non-accessible, so that figure could not go up. 11 Page 12 of 18 Mr. Roberts moved on to explain the differences in the policy forms are as follows. The deductible on the current form is $500.00 and the deductible on the proposed is $1,000.00. He stated that quite honestly the City will not be turning in a claim for under$1,000.00 anyways due to it affecting the City's loss ratio. The other difference is that the City has extra coverage with the proposed policy. The City currently has no A/R coverage,Business Income coverage, no back-up of Sewer&Water Drainage coverage and no off-premises service failure coverage. All these are included the policy he is proposing to the City tonight. He went on to state that in the proposed policy the Crime coverage is enhanced. The current policy limits for Crime give the City $50,000.00 in employee dishonestly in the proposed policy there is$500,000.00 coverage for this. He pointed out that if the City were to add numerous autos throughout the year,they will automatically be included. This means no extra costs at that time and will rated on the next renewal year. This proposed policy will also pick up the City's Public Officials Bonds. He lastly suggested that the City seriously consider a Boiler Machinery Coverage(equipment breakdown coverage)whether the City stays with the old policy or the proposed. He explained that with the number of lift stations that the Public Works department has to maintain, one well pump out could cost$80,000.00 easily. He stated that for the $1,200.00 extra cost in premium he has proposed in the plan will cover that breakdown and is well worth it. Mr. Roberts explained that on the open market the equipment breakdown coverage will cost about 10 cents per$100.00 and the City has about $7 million worth of equipment in the City so they would have to pay approximately$7,000.00 for the coverage. Mayor Prochaska questioned that in this particular issue the City is looking at paying $1235.00. Mr. Roberts confirmed he was correct. He finished by stating that there is a lot more he could get into, but the information he has discussed is the overall basic differences between the two policies. Alderwoman Spears asked what the current policy has that the proposed policy does not have. Mr. Roberts replied that there is one coverage not provided by the proposed policy which is Flood&Earthquake. He stated that the Flood& Earthquake coverage can be added to the proposed policy for$1,543.00 and that will cover exactly the same as the City's current policy. She then asked Mr. Roberts how much the premium would have rose if the City had claimed $80,000.00 from their well pump going out. Mr. Roberts stated that that would be almost impossible to say, but the City did remain under their premium loss ratio. The insurance policy is there for the City to use when needed though. Tony Graff questioned that if the insurance companies more looked at a company's historical record when looking at the premium rates. Mr. Roberts replied that in the market that the City is in the companies will only look at 1 year's basis. Mr. Graff added that this proposed policy offers a sewer back-up which the City does not currently have. The City had a claim earlier this year where it took almost 4 months to have the claim adjuster to fmally rule. This will be beneficial to have for the City. Mayor Prochaska added that this will 12 Page 13 of 18 come in as a benefit for if a lift stations where to not work properly. Mr. Roberts stated that a breakdown coverage would be based on the life span of the product. The only thing the coverage will not cover would be when the product has reached the end of its life span. The group discussed some particular scenarios at this time to show the different ways the proposed policy will cover breakdowns. Alderman Sticka brought up that this proposed insurance company did not have enough liability coverage back when the City used to carry insurance through them. Mr. Roberts confirmed that the City currently has $8 million now. He further explained that the way that the proposed insurance company does it is they do it on a general liability level. The City will have a chance to buy up to $10 million in liability coverage with the proposed. This will help with the City growing like it is. Mr. Roberts went on to say that he is here a lot working with the City Staff and being that he is so close would be beneficial when claims come in to play. The Committee discussed the specifics of when their current policy was up for renewal. It was determined that if the City wants to get the Min/Max discount it would be due the 17t of November, so the Council would have to vote by next Tuesday to accept that. The renewal would actually be effective 12/01/04 to 11/30/05. Mr. Roberts stated that there should be some commitment by 12/1/04. If the City decided to switch to the proposed company they would have to commit by 11/30/04 and would be bound immediately with just a phone call. Tony Graff stated that if the City were to terminate coverage with IMLRMA. Mr. Roberts added that the proposed company would cover any claims made in the last five years that have not been brought to suit that go against Public Officials or General Liability. Mr. Graff added that the current company has a cap on coverage for buildings up to $10 million, so if the City has a building worth more, they won't cover that building. The proposed company does not have a cap. Mr. Graff pointed out that if the Library gets to build, that building in a few years will be valued over$10 million which will then cause a problem if they stay with the current policy. The Committee went over some of the specific coverage differences again in group discussion. They decided as a group to take the month to see if IMLRMA may reduce the cost if they know the City is considering changing companies. This will come back to the next COW meeting scheduled for November 23`d to decide then which route to go. The Committee as a group thought the extra coverage of the proposed policy would be really beneficial for the City to have. Tracey Pleckham pointed out that the total cost of the proposed plan would cost$125,214.00 and they have$125,000.00 budgeted which is right in line. 13 Page 14 of 18 3. National League of Cities—Membership: Mayor Prochaska started the discussion stating the information packet provided for the Committee to look at was pulled off of their website. He stated that the City had been looking into the cost of what it would be to join this group of cities as a learning tool for the City to use. Mayor Prochaska asked if funds would be available to put towards being a part of this group. Tracy Pleckham stated that funds from Public Relations could go to this program. Mayor Prochaska stated that some of the Committee members have previously spoken to members of the National League of Cities and have thought it would be very beneficial. The Committee shared their beliefs of what the benefits of joining this group would be. The information that could be learned from working with Communities all over the US would be amazing. The cost of the program would be $1200.00 for registering for the 81g Congress of Cities and Exposition. Alderwoman Spears added that she was told that if they join as members and attend the event they would allow 2 representatives could attend for free. Alderman Kot suggested talking to other Communities who have gone to get information on what they thought of the exposition. The Committee discussed this issue and suggested that the City join if the money is available and make sure that representatives can attend these events to report back to the entire Council. Some of the events looked expensive to the Committee members and Tony Graff pointed out that with joining as a two-year member could save$600.00 - $700.00. Being that the City could learn lots of new ways of doing things and receiving grants,the Committee decided to investigate the idea a little more, finding out how many Council members could go for free. The Committee decided to take on to City Council for consideration. Mayor Prochaska added that this will remain under the Mayor's Report so the Council can have discussion if needed. 4. IDNR Agreement for Glen Palmer Dam Improvements: Kelly Kramer started the discussing stating that this is the agreement that needs to be approved for the Glen Palmer Dam Improvements to be done. She pointed out that City Staff and IDNR have negotiated already. The recommendations to be made per the City's request have been made by IDNR. One of the main changes was the City to maintain the fish dam and the Park Department is comfortable in doing this with training. The State will deed a section of the land at the park area to the City so the City can continue in the process of turning into a complete City park. The Committee discussed the specifics of the changes and confirmed that the City and State will not hold each other harmless for negligent acts. The 14 Page 15 of 18 Committee agreed with all changes made and will move this on to City Council under the Mayor's Report. 5. Intergovernmental Agreement Between Kendall County Forest Preserve District and the City for the Hoover Outdoor Education Center Property: Kelly Kramer stated to the Committee that this is the result of negotiation between the County and the City regarding the use agreement with the Hoover Forest Preserve Property. She also stated that there was a take down in closing on the parcel label A and so parcel B is being held by Corland and parcel B should close on the 7h. There will be a long term lease that will be incorporated into this document,but this is the starting point of which legal entities will be involved in maintaining which areas. Mayor Prochaska stated that in order for the City to use their land cash fees to improve they needed to have a long term lease. Laura Brown pointed out that this will be a 30 year lease with renewal options. Alderman Kot questioned if this document gave the City of Yorkville's Police Department authority to go in there. Kelly explained that it is the intent to annex the property so Police can start their policing ability then and they will have proper jurisdiction. Kelly will put in that this is only subject to annexation. This item will go to City Council as Consent Agenda with correction above made. * The Committee jumped forward in the Agenda to discuss Admin, item 1#before Alderwoman Spears left the meeting. Administration Committee: 1. Park Planner—Admin 10/7/04: Alderwoman Ohare stated to the Committee that this was brought to them by the Park Board as a recommendation. They talked about the issue and wanted to bring it to COW to share with the rest of the Council. She stated that Laura Brown and her spoke earlier and they were thinking about taking it back to Admin Committee to consider it for the next year's budget. Laura Brown stated then to the Committee that one of the things they wanted to know from the Council is if they should even move in this direction. Alderwoman Ohare stated that it was mentioned to her that maybe the City should look more at having a City Planner that the Park Department could use. Mayor Prochaska brought up that either way if the Park Board had an internal Staff to do the majority of planning work it would save them and the City a tremendous amount of money that they are now spending on having an outside company doing the work. Alderwoman Ohare backed what the Mayor was saying in regards to looking at what the City has spent in park planning over just the last year would definitely offset the cost of the yearly salary of having someone employed by the City to do the same work. 15 Page 16 of 18 Laura Brown explained what the different fees were in the packet she provided for the Committee to look over. Basically she pointed out that the City is spending a lot of money on planning that could be lessoned with hiring in house. She also stated that they do not care if the City chooses either and City or Park Planner to be hired, either would be beneficial. Alderman Munns stated that he believed that the Aurora/Naperville only has one Park Planner for a population of approximately 125,000+each. He couldn't see how a town of 10,000 would need a planner,when the others being so large had only 1. Laura Brown pointed out that they are Park Districts and the Park District of Naperville has 5 fit, Oswego Park District has 2f/t and hiring a project construction manager as well. The Committee discussed the issue and spoke about how the park could probably just use a planner themselves and that would be enough. Alderwoman Spears suggested that the City go in the direction of having a City planner. She explained that this would allow the new employee could help the parks and still be paid with the fees when working on park projects. Mayor Prochaska stated then that the Committee should look at the job function and how much there is workload wise. The Committee discussed what different communities had employed as far as City vs. Park Planners. This will go back to Administration Committee to be looked into further and get a recommendation when it comes time for the new budget year. The Administration Committee will decide what kind of planner is necessary for the City to hire on. *The Committee at this point went back to follow the agenda through in order. Adhoc Technology Committee: 1. E-Pay Program—Adhoc Tech 10/18/04: Tracy Pleckham stated that this is an opportunity for the public to pay via credit card online through the State of Illinois' program. There is no cost to the City,but there is a cost to the resident whom chooses to pay this way. Alderwoman Ohare pointed out that the money is credited to the City's Account a lot faster. Mayor Prochaska requested that it be clear to all who use this program that there is an extra fee when paying this way. The other Committee members pointed out to the Mayor that a window will pop up making this fee clear to the Resident and if they disagree it will take them out of the payment process when they are online. The Committee agreed to get the proper papers signed to make this available for the public. This will move on to City Council as Consent Agenda. 16 Page 17 of 18 Economic Development Committee: 1. PC 2004-16 Saravanos Property—Annexation Agreement—CC public hearing 10/26/04: Kelly Kramer stated that at the public hearing only one person spoke. The Committee spoke briefly about where the property was and they decided to move forward with this. The first of spring is when they will break ground. This will go on to City Council on regular agenda. Park Board: No Report Public Works Committee: 1. Deuchler Agreement for FPA Amendment to YBSD Southwest Service Area—PW 9/27/04: Tony Graff stated that the one property was missing where the property did go across Fox Road. That is now fixed and included properly. They did not include the Forest Preserve District at this point. Deuchler would rather do that later when the City gets into the agreements. Right now that would probably be an objection for that to be in. Once they annex that and show the agreements it will be no problem for acceptance. They are looking for approval from the City for the scope of services and also payment for Developers. This will be subject to receiving the proper funds. This will go on as Consent Agenda at the next City Council, 2. Rob Roy Creek Interceptor—Contract Award Update—CC 10/16/04& COW 10/19/04: Kelly Kramer stated that this was requested by herself to be continued to the 11/9/04 City Council to award the bid so she can have time to the Sanitary District regarding this item. Kelly Kramer will have a legal opinion in writing with a recommendation full packet. A representative approached the Committee at this time to state that he has been waiting the entire length of the meeting to speak on this issue. He wanted to give recommendation on the product that is involved in one of the Bids at hand. The Committee directed him to speak at the 11/9/04 during Public Comment if he had any further comments about this item on the Agenda. The Committee also directed this representative that at this point they are just awarding the contract based on low bid,not materials. Alderman Sticka pointed out that the information he is providing should be shared with the experts, not the Committee Members due to lack of knowledge on the products anyways. Kelly Kramer stated she will have a written opinion for the next City Council meeting. Public Safety Committee: 1. Police Reports for August and September 2004—PS 10/14/04: Alderman Kot stated that these reports were being put through to COW to keep the reports moving on due to lack of quorum the last few months meetings. He stated if the 17 Page 18 of 18 Committee had any questions to please pass those on to Chief Martin so he can address them. Additional Business: 1. Alderman Kot brought up that on November 11, 2004 there will be a speaker from the State Police at the High School at 6:00pm. They will be speaking about some of the big drug issues affecting the area. Alderman Kat recommended going to it if possible. 2. Alderman Sticka stated that he drove past Yorkville Landscape on Route 126 still did not have there perimeter blocked as per the agreement. He would like the City's Staff to go out there to see and handle the situation to get this taken care of. Kelly Kramer stated she will contact their Attorney to have this resolved. 3. Mayor Prochaska stated that at the next Plan Commission meeting on 11/10/04 they will be having a public hearing for the South Land plant. He asked the Committee to try and keep this in their schedules. 4. Laura Brown stated to the Committee that there will be an open house at Hoover Educational Center on Friday 11/5/04 at 2:00pm that the Council is invited to be a part of the Dedication with the Speaker of the House being present. She also stated that the Park Department's new catalog is now out. The meeting was adjourned at 9:15pm. Minutes by: Sheila Teausaw 18 i\1 1 #� = tiv car United City of Yorkville Memo o �! '1` 800 Game Farm Road EST. �* 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o Ili[ c p Fax: 630-553-7575 C.�M�S�a� !Sendai County , . 4CE `o`1" Date: November 19, 2004 To: Mayor Prochaska , . From: Tony Graff—City Administrator, Traci Pleckham—Finance Director Harold Martin—Chief of PolicP/k, Eric Dhuse—Public Norks Director'- ,f �''� 11- Laura Brown—Executive Director of Parks & Recreation, Subject: Risk Management Proposal Attached please find an updated Illinois Counties Risk Management Trust proposal. As explained in the cover letters, the coverage was updated based on discussions at the 11/16/04 COW meeting. Upon review, our recommendation is to accept the ICRMT proposal—guaranteed rate of $129,262 vs. the IML rate of$143,184 ($141,961 plus $1,223 —Boiler/Machinery Coverage). We strongly believe that in addition to a guaranteed rate for insurance, Caywood & Associates' strong customer service and local presence will greatly assist the City's all-around risk management process. 11/18/2004 12:44 FAX 6305523850 CAYWOOD AND ASSOCIATES 1001 Caywood & Associates, Inc. Insurance & Financial Services 2 West Main Street Plano, IL 60545 (630)552-3447 (630) 552-3850 Fax 553 - 7525 November 18, 2004 City of Yorkville Attention: Tony Graff 800 Game Farm Road Yorkville, IL 60560 Dear Tony: Attached is an updated proposal from IPMG. A couple of quick points: • We have increased the equipment price to replacement cost. • The new liability limits equal IML. • An alternative $9 million liability quote was also included — this would replace the $7 million excess in the quote. It is our understanding that the IML will also increase their coverages in the area of crime, bonding ($50,000 IML vs $500,000 County program) and Flood ($75,000,000 IML vs $100,000,000) and include Business Income coverage. Please call me if you have any questions. Th. .k you, 40 Jo/' oberts 11/.18/2004 12:44 FAX 830552850 CAYWOOD AND ASSOCIATES 1-Z002 Nov. 18 2001i11 .59AM CE PROGRAM MANAGERS GROUP . LNU•uo' r • 0• 11 KAUTZ RD . , ST . CHARLES , IL 60174 ' W , IPMG •AGENTS.COM FAC5IMILB TRANSMITTAL s$RRT T0: FROM; Joe Roberto Todd Otter cotIFAIQY, DATIL Caywood&Assoc 11/17/2004 FAX AU ; ` uu Torni.NO.or rAQII 1NC1,1101NO COMA: 630-552.3850 NOW' IMNIMR1111101111NUtilin 530.377-5845 R8; ISNRS1411PAX NVM98R YockvlJle 630.377 $875 amen: eoddgilitipms,ue Revised pages fbr the propose'are attached. We have increased the equipment limit to tefteut what the IMfr shows=their comparison. Based on the inbrmation I have,I can't see where they get this limit. We have$315,500 for scheduled equipment over$10,000 and the balance 19$126,350 which totals the$441,850 that was originally shown on our quote. If we write the account we would need to clarify what the true limit is;if it is lower the premum will decrease. I have given two quotes on the excess limits, $7mna and$9mm. The$7mtn quote would bring us equal to IML limits shown on their comparison and the 59mm would give us additional limits above IMG. One thing that I note Is they have only$2.5mm par occurrence for Public Officials while we would have et least$6trat based on the limit selected. In oompaxison to the UAL's guaranteed quote of$141,000 we on still saving the City about$12,000 and we are$32,000 under the max. I think the difference between our quote and the IML'e minimum can also be made up in the superior service we provide. It sounds as though the staff spcv4s considerable tizue preparing a Ia000tbly report to IML end bees to make repeated phone calls to gat claims handled or other items addressed. Time is money and that is whet they are paying ICRMT and Caywood to handle. I truly believe our proposal and the services we can provide is superior. Yorkville is growing into a larger account and the TML Msvicce are geared toward smaller villages and cities. Our average account size is about$150,000 while I believe theirs is under $50,000. You gest whim you pay fbr and enhanced service,claims handling and expertise is not free, Good Luck PROVID1N0 $PICIAltZIO PROGRAMS ANO EIIVICEE FOR INOsPEMeCN1 AGENTS 11/18/2004 12:44 FAX 6305523850 CAYWOOD AND ASSOCIATES 005 Nov . 18. 2084 11 :59Ah1 ILLINOIS COUNTRS RISK MANAGFNIFNT TRUST INSURANCE PROGRAM PROPOSAL FOR CITY OR YORKVILLE PART It PROPERTY &INLAND MARINE Terms and Conditions: Replacement Cost(except where noted below)subject to 125%of the total valve of any me Builditt Structure or Perms Property at any one location Deductibles: Property $1,000 Per Occurrent . Inland Marine $1,000 Per Occurrance Auto $1,000 Physical Damage Coverage to Include: - Building Values —3615.114,31 - Personal Property S019.396 • Mobilo/Contractors Equipment (Replacement Cost) �_ (Uasahedeled!ohm ent,Maxhoom$10,000 pet Item) - Auto Physical Damage(Actual Cash Value) 5986.965 - EDP Equipment,Media&tetra Expense - Course of Construction(Builders Risk) 1aclUdexl up to 51.lAA. - A utonmtie Acquisition on Property,Noland Marine&Auto 51.011Q.4100 - Ordinance ot Law Coverage --114992M - Unintentional Error or Omission - lvfmcellansous Values(P10,etc.) (97.3,000 maximum per iters) - Transit Comer (subject to policy limit) • Terrorism subset to TRIA �eiaded - Trees&Shrubs (Unrhod to$1000 per Tree or Shrub) (Fire,Lightning,Aims&Explosion.and Riot or Civil Commotion only) PROPERTY EXTENSION ENDORSEMENT 51.50,000 Blasket Coverage Limit tar the following Perils - Aocoumts Receivable - Computers&Media .. I - Business Income/Extra Expense _ dQd • Valuable Papers and Records I1t� Additional Coverage and Limits • Baekupyof Sewer or Drain Water Damage - Pine Arts - Laptop Computer Extension s5.QQ0 • OffPrcmrsas Service Failure-Direct Damage _,,,��,�•!�4 • Outdoor Property($10,000 per item) _ .e0o Aggregate • Personal Effects - Terapera we Change 518.000 - Valuation Change . .4� See policy for complete list of coverages and exclusions 11/18/2004 12:44 FAX 6305523850 CAYWOOD AND ASSOCIATES I�j004 Nov 18. 2004 12:00PM NQ .u:J44 r . EXCESS LIABILITY Follow Form Limit- WENN Coverage- Geceral Liability $7,001),000 Excess of$1,000,000 Occurrence $3,000,000 Aggregate Law Bnfbrocraent $7,000,000 Excess of 51,000,000 Occurrence $3,000,000 Aggregate Auto Liability y $7,000,000 Excess of$1,000,000 CSL Public Officials(Clam Made) 57,000,000 Excess of$1,000,000 Per Occurrence $1,000,000 Aggregate Excess Coverage on Sexual Harassment has a$1.000,000 sulrlinnit par occurrence. Sexual Harassment aggregate is$2,000,000 inclusive of inederlying. • This popsy Is non-audltabk ICRIT'Excess limits are follow form subject to the limitations shown above 11/18/2004 12:44 FAX 6305523850 CAYWOOD AND ASSOCIATES fJ005 Nov . 1B, 2004 120BPM No.u344 r. 0 ILLINOIS COUNTIES RISK MANAGEMENT TRUST INSURANCE PROGRAM PROPOSAL FOR CITY OF YORKVILLE PREMIUM SUMMARY Package Premium $05,191.00 Excess Limits- "S7,000,000 S16,902.00 Boiler&Machinery 511235.00 Flood&Earthquake 51,543.00 Workers Compensation. 554,338.00 Total Cost S129,262.00 OPTIONAL COVERAGE $9,000,000 Excess Limit $19,503 *Notes; Excess Coverage on Sexual l larassimnt has a$1,000,400 sub-limit. The ICRMT bee a cammo0 expiration date of 12/1103. The premiums shown are annual, If written the polity win be issued pro-rata. i'i ;.) ,.. .. _ .-1 .111 ti Accountants&Management Consultants ikte,. 1C(.1PTW PTW&Co. Phone:630 5741040 2221 Camden Court,Suite 300 fax:630•574•8313 Oak Brook,Illinois 60523 Web:www.ptwco.com November 12, 2004 Ms. Traci Pleckham Finance Director City of Yorkville 800 Game Farm Rd Yorkville, IL 60560-0901 Dear Ms. Pleckham: We are pleased to inform you that on. January 1, 2005, PTW & Company will be combining practices with the Public Sector Services Group of Crowe Chizek and Company LLC, one of the top 10 public accounting and consulting firms in the United States. This will be announced publicly on November 15, 2004. After January 1, we will operate under the Crowe name. Other than our name, you will see little change in your relationship with us. You have our assurance that the firm's commitment will remain as strong as ever, and the resources available to you will expand significantly. Our employees will continue to be based in our current locations and you will continue to work with the same people. This offers the opportunity for us to take a huge step forward in an effort to expand our capabilities as well as share our expertise with Crowe clients. Joining the strengths of the two firms will result in a stronger single resource focused on helping you. As a combined practice, we will be the premier provider for assurance, financial advisory and consulting services specifically targeted to the public sector in Illinois. Crowe provides innovative solutions in the areas of assurance, consulting, risk management, tax and technology. Founded in 1942, Crowe operates 18 offices in the United States and serves clients worldwide as a leading member of the Horwath International network of public accounting and consulting firms. Crowe also has specialized expertise in consulting and financial advisory services specific to the public sector. We are confident this combination will strengthen the relationship we have been so privileged to share with you. If you have any questions or concerns, please contact us or any member of your service team at (630) 574-1040. Sincerely, <90.4407-1 //' David M. Meyer Bert Nuehring James L. Pandolfi }-1_ /4? John C. Weber Stephen J.Topolski Chicago•Oak Brook Springfield•New York•Indiana 1,1/18/2004 16 40 FAX 630 553 5764 DANIEL J. KRAMER Z002/002 LI 1!c' a,.,� Cir o United City of Yorkville S - .n County Seat of Kendall County :- zA 800 Game Farm Road u IBM E�� Yorkville, Illinois, 60560 t , Telephone: 630-553-4350 1•,,'0� v liPl;F' 0 Fax: 630 553-7575 4 *. Website: www.yorkVille.Il.us November 18, 2004 Arthur Prochaska—Mayor City Council United City of Yorkville United City of Yorkville 800 Game Farm Rd. 800 Game Farm Rd Yorkville,IL 60560 Yorkville, IL 60560 RE: United City of Yorkville—Appearance Code Dear Ladies and Gentlemen: Please be advised that the proposed Appearance Code is schedule for adoption at the November 23, 2004 United City of Yorkville City Council Meeting. The one question remaining regarding the Applicability of this Ordinance is the effective date of the Ordinance. Staff seeks direction as to when the Policy Makers desire this Ordinance to take effect. Please be advised that staff is process of reviewing the Annexation Agreements that have been passed within the last year to determine which developments have voluntarily agreed to abide by any Appearance Code enacted within a certain time frame. The Mayor and City Council need to decide whether they desire the Ordinance to be applicable to developments which have filed petitions with the United City of Yorkville but have not been approved. Should you have any questions or wish to further discuss this matter please free to contact me. Very Truly Yours, it,a2//- ' Kcny A. Kramer Attorney at Law KAK:scn CONCORD 11011ES November 15,2004 Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Re: Proposed Appearance Code Dear Tony, Concord Homes has reviewed the proposed Appearance Code for the United City of Yorkville and more recently on November 11,2004 listened to comments about this issue made at the Public Hearing. As a Builder/Developer, we understand the need to set standards for both appearance as well as anti-monotony. Concord currently enforces its own anti-monotony regulations in which we will not construct the same home on any adjacent homesite as well as a homesite across the street. In addition, we pre-design homes with 3 to 4 differing elevations and numerous floor plans to increase the variations along the streetscape. We believe that our current self-imposed anti-monotony code adequately addresses the issues the village has. A visit to our community may help you in deciding the same. I would like to address comments,which were made by one of the Plan Commission members during the Public Hearing. He suggested to not only carry the 50%masonry requirements into the detached single family communities,but to deny any grandfathering of these ordinances for ongoing communities. First and foremost,requiring masonry on all sides of all single-family homes is a formula for monotonous streetscapes. Our current communities incorporate about 1/4 - 1/3 masonry designs. Requiring more than 50%masonry on all facades of any home would prove to not only be a hardship to the homebuilder,but would also make it much more difficult for the marketplace to afford many of these homes. A similar and even more drastic hardship would effect the multifamily and duplex Communities currently being planned or under construction in your city. In closing, I would like to offer my assistance as well as assistance from other Chicagoland home builders in helping you to develop a comprehensive appearance code that can not only enhance the quality of design but also have one which keeps the future Yorkville residents' budget in mind. You can contact me at 847-776-0350 extension 134. Sincerel \1_5c;- JiiVanderilloe.g Vice President Contracts and Architecture Concord Homes, Inc. 1540 East Dundee Road • Suite 350 • Palatine. IL 60074 • (847) 776-0350 • fax (847) 776-0371 «�� �.Concordllomcscom F.E . eatn 204\4'.Wheaton Avenue•Yorkville,Illinois 60560•630-553-8300•Fax 630-553-8330 WBUILDING MATERIALS SINCE 1892 •internet:www.fewheaton.com November 18, 2004 Mayor Arthur Prochaska United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mr. Mayor: I attended the Committee of the Whole meeting on November 16 and listened to the debate regarding the proposed Appearance Code. While I support the spirit of the ordinance, it is quite clear to me after hearing the comments made by the City Council members that the ordinance- as presently written should be tabled, and a committee formed to apply it as written to existing examples of"good" design that have been built in the community in the last few years. Such real world tests will determine if the literal interpretation of the code meets the intent of the Council. For example. the Committee would evaluate a building like City Hall to determine if it could be built without the need for further review. Its evaluation would reveal that City Hall does not meet the current code because it does not incorporate at least 50% brick, stone, split face brick and/or architectural blocks. It is very difficult to write a code to distinguish between good and bad design. While each individual Alderman clearly understands what they feel is good or bad design, they understandably do not all agree with each other. Reducing these subjective opinions to a written ordinance is challenging, so a careful review needs to be done to make sure that there are no unintended consequences of its interpretation. At the meeting I heard many of the Aldermen speak about the need to attract businesses to Yorkville. This ordinance, if not carefully drafted, will send the wrong message to the business community. One of the criteria I used in 1996 when I decided to locate our business to Yorkville was whether or not this type of legislation existed and how restrictive it might be. Our previous facility was located in Carol Stream. They had just - passed an Architectural Overlay District in the area where our building was located. It was so stringent that it forced me to look elsewhere rather than expand. Their ordinance literally drove our business from their community. If I were to evaluate Yorkville today using the same approach I did in 1996. my conclusion could very well be different. My present building was constructed in 1996, and I am now starting another one under the new codes. My experience with the second is much different than the first. For example, the landscape ordinance most recently adopted I believe has unintended consequences. It is overly stringent when a literal interpretation is applied. The landscape review I recently received states we must install 53 trees on our lot of 450 feet l •LIMBER*ILkRDWARE♦WINDOWS♦MILLWORK♦PREFINISED CEDAR SIDING EE. eatov BUILDING?L4TER L3LS SINCE I s52 of frontage. To put this in perspective, my existing building, which has been called by many as an exampic ,i' "good" design. is sited on 800 feet of road frontage and has 27 trees. The literal interpretation of the new ordinance is not practical and adds unnecessary additional costs to our project. At a time when we are actively looking for businesses to locate in Yorkville. we are giving them the reasons not to. I respectfully ask the council to table the Appearance Code Ordinance and remand it back to the City Building Inspector to form a committee of 5 or 6 local developers, builders, and business owners to apply the code to examples of "good " architecture. The Committee would then make recommendations to modify the code so a building like City Hall could be built without the need for review by a Façade Committee, and an action by the City Council. At a time when the City has so many other important things to consider, it should not be burdened with businesses, developers, and home builders asking for variances to construct buildings that would otherwise be considered in keeping with the intent of the council. 7itted, Jeff ro President CC: Alderman Richard Sticka Alderman Paul James Alderwoman Valerie Burd Alderman Larry Kot /Alderman Marty Munns Alderwoman Wanda O'Hare Alderman Joseph Besco Alderwoman Rose Spears +LDIBER♦HARDWARE+WINDOWS♦MILLWORK+PREFINISED CEDAR SIDING 11/17/2004 12.41 FAX 630 553 5764 DANIEL J. KRAMER Ij005/00}7 STATE OF ILLINOIS ) COUNTY OF KENDALL ) FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR NEW DIRECTION HOUSING CORPORATION WHEREAS, the UNITED CITY OF YORKVILLE and NEW DIRECTION HOUSING CORPORATION, the original DEVELOPER and SUN FLOWER ESTATES,L.L.C.,the original OWNER of the property legally described in Exhibit"A"attached hereto and incorporated herein by reference, entered into a written Planned Unit Development Agreement which was previously adopted and approved by the UNITED CITY OF YORKVILLE through Ordinance by its City Council; and WHEREAS, the OWNER/DEVELOPER and the CITY have undertaken to perform all obligations with respect to that Agreement; and WHEREAS, a new OWNER/DEVELOPER,YORKVILLE SUPPORTIVE LIVING, L.L.C., an Illinois Limited Liability Company, or nominee, has made written application to the UNITED CITY OF YORKVILLE for the purpose of amending the Planned Unit Development Agreement recorded with the Kendall County Recorder of Deeds on January 23, 2004 as Document#200400001961 which is incorporated herein by reference and made a part hereof; and NOW THEREFORE, the parties hereby agree as follows: 1) INCORPORATION OF RECITALS: All parties hereto agree that the above contained recitals are an integral part of this Agreement and hereby adopt those —1— 11/17/2004 12:41 FAX 630 553 5764 DANIEL J. KRAMER 1006/007 recitals as part of this Agreement. 2) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that the parties hereto have full and express authority to enter into an Amendment of the original Planned Unit Development Agreement to which this Amendment is appended pursuant to that Agreement. 3) Upon approval of this Agreement by all parties, the UNITED CITY OF YORKVILLE will pass an Ordinance approving the terms of this Agreement. 4) OWNER/DEVELOPER shall be permitted to have a density of twenty-five(25) dwelling units per acre. 5) OWNER/DEVELOPRE shall provide for affordable assisted living for frail seniors who are sixty-five(65)years of age or older. 6) OWNER/DEVELOPER is hereby permitted to a deviation from the United City of Yorkville Subdivision Ordinance and allowed to construct fifty-five(55) uncovered parking spaces in line of the covered parking requirements stated in the United City of Yorkville Subdivision Ordinance. 7) The First Amendment to the Planned Unit Development being approved shall be constructed in substantial conformance with the Site Plan attached hereto and incorporated herein as Exhibit "B". 8) SEVERABILITY: Should any provision of this Annexation Amendment be found to be unenforceable by a Court of competent jurisdiction, the remaining terms and conditions of this Amendment to Planned Unit Development Agreement as well as the original Planned Unit Development Agreement shall —2— 11/17/2004 12: 41 FAX 630 553 5764 DANIEL J. KRAMER 12007/007 remain in full force and effect. 9) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Amendment shall be performed in a timely manner by all parties hereto, IN WITNESS WHEREOF the undersigned have set their hands and seals this day of , 2004. YORKVILLE SUPPORTIVE LIVING, UNITED CITY OF YORKVILLE An Illinois Limited Liability Company By: _ By: ARTHUR F. PROCHASKA,JR. MAYOR Attest: CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —3— 11/17/2004 12. 40 FAX 630 553 5764 DANIEL J. KRAMER 1002/007 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2004- AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR NEW DIRECTION HOUSING CORPORATION WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Proposed First Amendment to Planned Unit Development Agreement pertaining to the development of the real estate described on Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS,said Proposed First Amendment to Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended, for the execution of said Proposed First Amendment to Planned Unit Development Agreement has been fully complied with; and 1 11/17/2004 12:40 FAX 630 553 5764 DANIEL J. KRAMER a 003/007 WHEREAS, the property is already within the boundaries of the City: NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Proposed First Amendment to Planned Unit Development Agreement concerning the development of the real estate described in the attached Exhibit"A",a copy of which Proposed First Amendment to Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BES CO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of _, A.D. 20 . MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this 2 11/17/2004 12:41 FAX 630 553 5764 DANIEL J. KRAMER 12)004/007 day of ,A.D. 20 Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 UNITED CITY OF YORKVILLE 1 4 SALARY SCHEDULES Corrected 11/18/04 FY 2002-2003 FY 2003-2004 FY 2004-2005 With COLA Increase PROPOSED Min. Max. Min. Max. Min. Max. City Administrator $76,004 $103,475 $76,004 $105,131 $76,004 $107,023 Finance Director $59,175 $80,563 $59,175 $81,852 $59,175 $83,325 City Engineer $59,760 $81,360 $59,760 $82,662 $59,760 $84,150 Engineering Tech $37,260 $51,750 $37,260 $52,578 $37,260 $53,524 Receptionist/Assistant $20,800 $27,040 $20,800 $27,473 $20,800 $27,967 Administrative Support Staff $32,085 $42,227 $32,085 $42,903 $32,085 $43,675 General Support Staff $26,910 $41,400 $26,910 $42,062 $26,910 $42,820 Chief of Police $65,078 $84,035 $65,078 $85,380 $65,078 $86,916 Police Office Supervisor $34,096 $46,575 $34,096 $47,320 $34,096 $48,172 Police Lieutenant $53,652 $69,806 $53,652 $70,923 $53,652 $72,200 Police Sergeant $46,506 $60,030 $46,506 $60,990 $46,506 $62,088 Police Officers **(Per Contract) $36,641 $45,253 $38,473 $47,516 Director of Public Works $56,900 $73,660 $56,900 $74,839 $56,900 $76,186 Foreman (Street/Water/Park) $45,550 $58,000 $45,550 $58,928 $45,550 $59,989 Maintenance Worker I $29,900 $40,365 $29,900 $41,011 $29,900 $41,749 Maintenance Worker ll $34,155 $45,540 $34,155 $46,269 $34,155 $47,101 Operator $39,330 $50,715 $39,330 $51,526 $39,330 $52,454 Janitorial Tool Shop $23,805 $33,120 $23,805 $33,650 $23,805 $34,256 Executive Director- Parks & Rec $61,300 $83,457 $61,300 $84,792 $61,300 $86,319 Superintendent of Recreation $42,106 $57,325 $42,106 $58,242 $42,106 $59,291 Recreation Supervisor $32,085 $49,680 $32,085 $50,475 $32,085 $51,383 Annual Cost- of- Living Increase 2003 - 2004 1.60% 2004 - 2005 1.80% The salary range is subject to review and can be modified annually by Mayor & City Council. Annual Longevity Stipends will be made to all employees based upon the following chart: After 6 years but less than 9 years $750 After 9 years but less than 14 years $1,000 After 14 years but less than 20 years $1,250 After 20 years but less than 25 years $1,500 After 25 years $2,000 Educational Stipends will be paid for education in their related field over that required for entry level of that position as follows: Associate Degree or 60 credit hours 2% Bachelor's Degree 2% Master's Degree 2% This will be applicable only to 1 degree level beyond that necessary for entry level of that position except that all are eligible to earn up to the Bachelor DRAFT Degree Level as outlined above (one time salary adjustment)