Public Safety Packet 2017 10-05-17
AGENDA
PUBLIC SAFETY COMMITTEE MEETING
Thursday, October 5, 2017
6:00 p.m.
City Hall Conference Room
800 Game Farm Road, Yorkville, IL
Citizen Comments:
Minutes for Correction/Approval: September 7, 2017
New Business:
1. PS 2017-16 Adjudication Reports for September 2017
2. PS 2017-17 New Liquor License Category for Sidewalk/Parklet Cafés
3. PS 2017-18 Liquor License Application and Fee Review
4. PS 2017-19 KenCom Intergovernmental Agreement
Old Business:
Additional Business:
2017/2018 City Council Goals – Public Safety Committee
Goal Priority Staff
“Municipal Building Needs and Planning” 5 Rich Hart
“Vehicle Replacement” 6 Rich Hart
“Capital Improvement Plan” 11 Rich Hart
“Traffic Patrol” 12 Rich Hart
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC SAFETY COMMITTEE
Thursday, October 5, 2017
6:00 PM
CITY HALL CONFERENCE ROOM
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CITIZEN COMMENTS:
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MINUTES FOR CORRECTION/APPROVAL:
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1. September 7, 2017
□ Approved ________
□ As presented
□ With corrections
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NEW BUSINESS:
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1. PS 2017-16 Adjudication Reports for September 2017
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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2. PS 2017-17 New Liquor License Category for Sidewalk/Parklet Cafés
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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3. PS 2017-18 Liquor License Application and Fee Review
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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4. PS 2017-19 KenCom Intergovernmental Agreement
□ Moved forward to CC __________ consent agenda? Y N
□ Approved by Committee __________
□ Bring back to Committee __________
□ Informational Item
□ Notes ___________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
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ADDITIONAL BUSINESS:
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Have a question or comment about this agenda item?
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Minutes
Tracking Number
Minutes of the Public Safety Committee – September 7, 2017
Public Safety Committee – October 5, 2017
Majority
Committee Approval
Minute Taker
Name Department
Page 1 of 2
DRAFT
UNITED CITY OF YORKVILLE
PUBLIC SAFETY MEETING
Thursday, September 7, 2017 6:00pm
City Hall Conference Room
In Attendance:
Chairman Carlo Colosimo Alderman Chris Funkhouser
Alderman Joe Plocher Alderman Seaver Tarulis
Other City Officials in Attendance:
City Administrator Bart Olson
Police Chief Rich Hart
Others in Attendance:
Andrew Graham, Countryside Subdivision
The meeting was called to order at 6:00pm by Chairman Colosimo and a quorum was
established.
Citizen Comments: None
Minutes for Correction/Approval: April 6, 2017
The minutes were approved as presented on a unanimous voice vote.
New Business:
1. PS 2017-11 Police Reports for March-July 2017
Chief Hart said the reports were normal with no spikes in activity and there was low
crime over the summer. However, he said there were more fireworks citations this year.
Chairman Colosimo noted a couple accolades for the department also.
2. PS 2017-12 Adjudication Reports for April-August 2017
Mr. Olson said there have been no issues with fines below the minimums in the
adjudication process.
3. PS 2017-13 Selection of Committee Liaisons
Alderman Funkhouser will continue as liaison with the school district by general
consensus of the committee.
4. PS 2017-14 2017 and 2018 Meeting Dates
By general consensus, the committee approved keeping the quarterly schedule of
meetings with additional meetings as needed.
Page 2 of 2
5. PS 2017-15 Ordinance Amending the City Code as it Relates to the Use of Other
Power-Driven Mobility Devices
Andrew Graham of 110 N. Conover Ct. was present to voice his opinion regarding use of
a mobility device. He was glad to see the City's new interpretation of the ADA law since
he uses such a device. He and an advocate had previously spoken with Chief Hart who
passed ADA information along to City Attorney Orr. Mr. Graham felt the Attorney was
mistaken about certain aspects of the law and questioned why it took a year to bring the
issues forward for discussion.
Chairman Colosimo read the amendment to the City code which now allows for use of
mobility devices within the City. Alderman Funkhouser asked if this allowance would be
a case by case basis. Mr. Olson added that the City Attorney said the City do have the
right to ask for verification of a disability and that the ADA gives the benefit of the
doubt. The Chief confirmed the police can ask for disability paperwork which Mr.
Graham had provided.
Alderman Funkhouser had concerns about the 20-mph potential speed of golf carts and
asked if a governor could be installed to slow them. He said a ban was upheld in Florida
to not allow carts on sidewalks. He also questioned if these devices would allow
passengers or just the person in need. Mr. Funkhouser also had concerns about the
safety of golf carts on a sidewalk due to width and size to allow for use by both
pedestrians and golf carts. He also raised questions about navigation of curbs and
lighting for nighttime use. He said if the City has an ordinance allowing these mobility
devices, he wants to insure the device and all citizens are safe. Chairman Colosimo said
a Justice Department pamphlet addresses golf carts and they can be used for ADA
purposes unless there is a legitimate safety reason.
It was decided to move this forward to the September 26 Council consent agenda.
Old Business None
Additional Business
Chairman Colosimo said even though the City now has many bike paths, bicyclists are
still using the streets. Alderman Tarulis asked if bikes could be forced to have a warning
device to warn those who are walking, however, Mr. Olson said the City could not
enforce this since Yorkville is non-home rule.
There was no further information and the meeting was adjourned at 6:31pm.
Minutes transcribed by Marlys Young, Minute Taker
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #1
Tracking Number
PS 2017-16
Adjudication Reports for September 2017
Public Safety Committee – October 5, 2017
Informational
None
Nicole Decker Police
Name Department
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memo.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #2
Tracking Number
PS 2017-17
Sidewalk/Parklet Café Ordinance – Liquor License
Public Safety Committee – October 5, 2017
Majority
Approval
Proposal of new liquor license for sidewalk and parklet cafés in Yorkville.
Krysti Barksdale-Noble, AICP Community Development
Name Department
Background/Proposed Request
Late last year, staff was approached by a downtown business owner seeking options to
enhance the experience of their patrons by offering outdoor seating and food/beverage service
adjacent to their establishment within the public sidewalk. Since the City currently offers outdoor
patio liquor licenses for restaurants on private property, the ability to offer patio service within a
public right-of-way was not allowed. Therefore, we are recommending an amendment to the City’s
Liquor Ordinance to identify outdoor café license as a separate liquor class category to complement
the proposed new use.
Staff Comments
It is staff’s position, sidewalk cafés and parklet cafés contribute to a vibrant urban culture and
enhance Yorkville’s downtown streetscape into a more dynamic place to walk, socialize and dine.
Sidewalk and parklet cafés are temporary dining areas that occupy part of the public right-of-way
(sidewalk or on-street parking stall) during eating establishment hours. The attached proposed
ordinance, prepared by the City Attorney, creates a new liquor classification under 3-3-4-6: Outdoor
Café’ Liquor License called “OCL (Outdoor Café License)”.
The OCL category allows for the sale of alcoholic liquor from an outdoor sidewalk café or
parklet café location during times when food is being served on the site. Additional stipulations, such
as restrictions on entertainment (outdoor amplified music), required entrance and exit points, as well
as prohibition of glass containers for the service of alcoholic beverages is also provided in the
attached draft ordinance language. The annual OCL license fee of $250.00 is recommended and is
renewable on a yearly basis between the months of April 1 and October 31st. This fee is in addition to
the applicable required building permit fees collected through the Community Development
Department.
At present, there is one (1) business seeking outdoor sidewalk café seating areas within the City’s
downtown public right of way, but there exists a potential for approximately 10-12 businesses to have
either a sidewalk café or parklet (refer to attached map). It is anticipated that the annual permit fees from
these users would provide a sufficient revenue stream for some of the necessary regulation and oversight
of such operations.
For your reference, staff has also attached the proposed zoning regulations to accompany the
liquor license for the sidewalk and parklet cafes’ which will be considered by the Planning and
Zoning Commission during a public hearing on October 11, 2017.
Staff Recommendation
Based upon research used to prepare the the attached draft ordinance, staff is recommending
approval of the draft ordinance. Staff will be available at Thursday night’s meeting to discuss this
request in greater detail.
Memorandum
To: Public Safety Committee
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: September 21, 2017
Subject: Sidewalk Café and Parklet Regulations – Liquor License
Ordinance No. 2017-____
Page 1
Ordinance No. 2017-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, ADDING OUTDOOR LIQUOR LICENSE REGULATIONS FOR PATIO
SERVICE ADJACENT TO LICENSED PREMISES IN THE CITY’S RIGHT-OF-WAY
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, section 6-15 of the Liquor Control Act, as amended (235 ILCS 5/6-15)
authorizes the City to allow the sale and consumption of alcoholic beverages on property
belonging to or under the control of the City in compliance with the regulations of the City; and,
WHEREAS, pursuant to section 4-1 of the Liquor Control Act, as amended, (235 ILCS
5/1-1 et seq.) the corporate authorities have the power to determine the regulations for the sale
and consumption of alcoholic beverages on City property; and in addition pursuant to its powers
to protect the public’s health, welfare and safety this Ordinance is hereby adopted.
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 Title 3, Chapter 3, Subsection 3-3-4-5, of the Yorkville City Code, as
amended, be and is hereby amended to read as follows: (changes underlined)
“3-3-4-5: OUTDOOR LIQUOR LICENSE:
A. Licenses Required For Outdoor Sale and Service: It shall be unlawful for any licensee or
person, firm, corporation, partnership or club to sell, offer to sell or serve any alcoholic liquor
from an outdoor location adjacent to the building premises without first:
1. Obtaining a class F license as authorized and regulated in this section for premises on
adjacent City right-of-way; or
2. Obtaining a class G license as authorized and regulated in this section for beer
garden/patio service on the property of an existing Licensee’s building premise; and
2. Being a license holder in good standing of a class A, R or C license.
B. Entertainment: No entertainment shall be allowed on the premises of a class F license and it
shall be unlawful for any holder of a class G license to play or cause to play amplified music or
cause to have performed such other forms of entertainment by means or use of electronic
amplification except during the following times and following days (unless otherwise when
extended by the mayor at his discretion), and then only when all other applicable city ordinances
have been adhered to:
1. Friday and Saturday: Twelve o'clock (12:00) noon to ten o'clock (10:00) P.M.
2. Sundays and legal holidays recognized by the federal government: Twelve o'clock
(12:00) noon to eight o'clock (8:00) P.M.; except that on the following Sundays when the
hours shall be extended to ten o'clock (10:00) P.M.:
Ordinance No. 2017-____
Page 2
a. The Sunday before July 4, when the Fourth falls on Monday.
b. The Sunday before Memorial Day.
c. The Sunday before Labor Day.
3. Amplified music or other entertainment shall not be presented in such a manner so that
it can be heard more than seventy five feet (75') from the premises which holds the
license.
C. Restrictions: It shall be the affirmative duty of the license holder as a condition of a class F or
G license to maintain and perform the following requirements:
1. Presentation and continued maintenance of a certificate of insurance with the city for
coverage of the outdoor service area, including all applicable dramshop insurance for
both class F and G licenses and commercial general liability coverage for class F
licenses.
2. Outdoor service and consumption of alcohol shall be in an identified cordoned off area,
as approved by the city liquor control commissioner. The area must be owned or leased
by a class G license holder or for a class F license in compliance with the Zoning
Ordinance and authorized by the city.
D. Establishment Restrictions:
1. Alcoholic beverages shall only be served to or consumed by those outdoor patrons
during times at which food is being served on the site.
2. Alcoholic beverages consumed in the outdoor area must be purchased on the premises
where the outdoor area is permitted by the city liquor license.
3. Entrance and exit points for the outdoor area shall be restricted as approved by the city
liquor control commissioner. There shall be one emergency exit for the area outside of
the building.
4. No alcoholic beverages of any kind shall be served in the outdoor area in glass
containers.
E. Application:
1. Application for permission to conduct such outdoor retail sale or service of alcohol
shall be in writing in the standard license application form for any liquor license in the
city, and shall additionally state the dates for the requested license and a diagram of the
outdoor area upon which the sale and consumption will occur.
2. The fee for a class F or G outdoor license shall be two hundred fifty dollars ($250.00)
annually as set forth in this chapter for all classes of license holders except holders of a
fraternal license, which shall be charged one hundred dollars ($100.00) for said additional
license that permits outdoor events.
F. Revocation:
1. In addition to those restrictions stated above, all class F and G outdoor licenses shall be
subject to all the limitations and restrictions set out in this chapter, state statutes and
Zoning Ordinance. The license holder's current building premise license is subject to the
terms and restrictions of the outdoor license.
2. The local liquor commissioner may revoke the outdoor license for violation of the
standards set forth herein, or any other applicable restriction set out by state statute. The
Ordinance No. 2017-____
Page 3
commissioner may also consider revocation of the holder's building premise license in
addition to the revocation of the outdoor license based on any violation of the restrictions
applicable to either the building premise license or outdoor license.
G. Renewal: Outdoor licenses are renewable on a yearly basis and shall be valid for only those
months specified in the license. Renewal fees are the same as application fees.”
Section 2: That Title 3, Chapter 3, Subsection 3-3-5B4, of the Yorkville City Code, as
amended, be and is hereby amended by adding the following:
“F – Service from premises on City right-of-way available only to the adjacent
class A, R, or C license holder for an additional annual fee $250.00”
Section 3: This Ordinance shall be in full force and effect upon its passage, approval,
and publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ______
day of ___________________, 2017.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ ARDEN JOE PLOCHER ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
SEAVER TARULIS ________ ALEX HERNANDEZ ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
______ day of ___________________, 2017.
______________________________
MAYOR
TITLE 10: ZONING
CHAPTER 3: GENERAL ZONING PROVISIONS
SECTION 13: TEMPORARY AND SEASONAL USES
PURPOSE:
To further encourage the revitalization of the downtown and other areas within the City, these standards,
guidelines and procedures are intended to provide a temporary but unique environment for relaxation,
social interaction, and food or beverage consumption within the public right-of-ways and public
sidewalks without impeding the free and safe flow of pedestrian or vehicular traffic.
DEFINITION:
SIDEWALK CAFÉ’: A temporary outdoor dining area consisting of a group of tables, chairs or other
seating fixtures and all related appurtenances located on a public sidewalk where patrons may consume
food and/or beverages provided by an abutting business establishment having the same operator. Such
establishments may either provide table service in the outdoor dining areas or sell takeout items to be
consumed in the outdoor dining area. These regulations do not apply to outdoor dining on private
property.
PARKLET CAFÉ: A temporary expansion of a business creating an outdoor dining facility on part of the
public street right-of-way that immediately adjoins the licensed premises for the purpose of consuming
food and/or beverages prepared at or provided by the business adjacent thereto.
GENERAL PROVISIONS:
A. A sidewalk café or parklet café shall not be considered an “encroachment” so long as all outdoor
facilities related thereto are temporary in nature, are not permanently affixed so as to extend
below or above the sidewalk or public right-of-way, involve no penetration of the sidewalk
surface or public right-of-way, are not attached to any building and are readily removable without
damage to the surface of the sidewalk or public right-of-way.
B. Sidewalk Cafés and Parklet Cafés shall be permitted from April 1st through October 31st. Parklet
Cafés not removed after October 31st may be removed by the City at the owner’s expense.
C. Permit Required: Outdoor dining on a public sidewalk or within the right-of-way may occur only
pursuant to the issuance of permit issued to the business owner.
D. Prohibited Locations: Outside dining will not be permitted on sidewalks or within the public
right-of-way designated by the City Council as shared bicycle and pedestrian trails or paths.
E. Seating in the sidewalk café or parklet café shall not be included to meet the required guest
seating capacity for any license classification.
F. Permit Transfer: A sidewalk café or parklet café permit is non-transferrable.
G. Zoning Requirements: All sidewalk cafes and parklet cafes shall be located in all business zoned
districts. Outdoor dining on a public sidewalk or public-right-of-way shall be subject to the
requirements and limitations set forth in this code and all applicable federal, state, county and
local statutes, ordinances and regulations.
H. Indemnification: The permittee shall defend, indemnify, and hold the city, and its employees
harmless from and against any loss or damage arising from the use or existence of the
improvements or encroachment authorized under the sidewalk café or parklet café permit.
DEVELOPMENT STANDARDS & DESIGN GUIDELINES:
A. The following standards, criteria, conditions and restrictions shall apply to all sidewalk cafes and
parklet cafes, provided, however, that the Community Development Director or designee may
impose additional conditions and restrictions to protect and promote the public health, safety, or
welfare to prevent a nuisance from developing or continuing, and to comply with all other City
ordinances and applicable state and federal laws.
Example of Sidewalk Café Example of Parklet Café
B. Design Guidelines
a. Sidewalk Café
i. DESIGN ELEMENTS: Elements of a typical sidewalk café may include, but are
not limited to, the following: barriers, planters, tables, chairs, umbrellas, menu
display, heat lamps and ingress/egress access point. The design, material and
colors used for the furniture and fixtures within the sidewalk café should
complement the architectural style and colors of the building façade and public
street furniture, if any, and withstand inclement weather.
ii. SETBACKS:
1. All sidewalk cafes must allow for a minimum five (5) foot unobstructed
pedestrian passage way on the sidewalk. No element of the sidewalk
café, as described above, may obstruct the pedestrian way. Light poles,
tree wells, fire hydrants and other such items may fall within the
pedestrian path allowed between the curb and the leading edge of the
sidewalk café.
2. Sidewalk Café shall not unreasonably obstruct the visibility of
neighboring businesses. In such cases a sidewalk café operator may be
required to adjust the layout of the outdoor dining area per the
recommendation of the Community Development Director or designee.
3. Sidewalk cafes must have a minimum distance of one-hundred feet
(100’) from the nearest residential zoned district.
4. The width of the sidewalk café must not extend beyond the frontage of
the business establishment unless written notarized consent of the
adjacent business and property owner has been provided to the
Community Development Director.
5. Sidewalk Cafes located at a street corner must maintain a ten foot (10’)
setback from the corner of the building along both frontages.
6. Sidewalk Cafes located adjacent to a driveway or an alley, setback
distances will be at the discretion of the Community Development
Director in locations where unusual circumstances exist or where public
safety would be jeopardized.
Figure 1: Sidewalk Café with barriers
Figure 2: Sidewalk Café without barriers
iii. BARRIERS:
1. The perimeter of sidewalk cafes that extend more than three (3) feet into
the public right-of-way shall be enclosed by barriers that are durable,
removable and maintained in good condition.
2. Sidewalk cafes that extend three (3) feet or less into the public right-of-
way and do not serve alcohol are not required to be enclosed by a barrier.
3. Sidewalk cafes that serve alcohol must be surrounded by a barrier in all
cases. Barrier access point must be controlled by the sidewalk café
operator/business establishment. Business establishment owners should
maintain compliance with Yorkville’s Liquor Control Ordinance
standards for serving alcohol outside of enclosed businesses.
4. Moveable barriers and all furniture shall be removed at the end of each
business day unless otherwise approved by the Community Development
Director or designee. Moveable barriers shall be capable of being
removed through the use of recessed sleeves and posts, wheels that can
be locked in place and/or weighted bases. Barrier segment bases should
be flat with tapered edges that are between ¼ and ½ inch thick.
5. The maximum height of any barrier shall not exceed three feet six inches
(3’-6”). The lowest point in the barrier should be no more than six inches
(6”) in height above the ground to comply with ADA detectable warning
regulations.
6. Rigid fence sections may be placed end-to-end to create the appearance
of a single fence. Sectional fencing shall be composed of metal or wood
and painted or finished in a complementary color to the building color or
accent materials. Sectional fencing may be constructed from other
materials such as aircraft cable, fabric, steel or iron elements.
7. Planters may also be used as a barrier or planter boxes as barrier
components. Planters must be no more than three (3) feet in height and
plant materials may be up to three (3) feet tall. Planters must be kept in
clean condition, contain living plants and shall be removed at the end of
each business day.
8. Access openings must be kept clear of all materials and should measure
no less than 44 inches in width.
iv. AWNINGS AND UMBRELLAS
1. The use of awnings over the outdoor dining area and removable table
umbrellas may be permitted provided they do not interfere with street
trees. No portion of the awning shall be less than eight feet (8’) above the
sidewalk and no portion of the umbrella shall be less than seven feet (7’)
above the sidewalk. Awnings may extend up to five feet (5’) from the
front of the building’s façade or cover up to fifty percent (50%) of the
outdoor dining area, whichever is less. Awnings shall have no support
posts located within the public right-of-way. A separate building permit
must be obtained prior to the installation of the awning.
2. Notwithstanding any provisions in this code, signs and logos shall be
permitted on umbrellas or awnings in outdoor dining areas.
v. PROHIBITED ITEMS
1. Permanently affixed furniture to the public sidewalk is prohibited.
2. Shelves, serving stations, flimsy plastic tables and chairs, unfinished
lumber or splintering wooden materials, rusted metal, loud speakers,
sofas and televisions are prohibited.
3. It shall be prohibited to tie or otherwise secure sidewalk café elements to
trees, lamp posts, street signs, street lights and hydrants.
4. Prohibited barrier materials include chain link, rope rails, chain rails,
buckets, flag poles, and newspaper stands.
5. No alterations or coverings should be made to the sidewalks or placed
over the sidewalk café space. Platforms, artificial turf, paint, or carpet in
sidewalk café areas is prohibited.
6. If wait service is not provided in the sidewalk café area, the business
establishment is required to supply a waste receptacle. If wait service is
provided, the business establishment is not permitted to place a waste
receptacle in the sidewalk café.
Examples of Sidewalk Café’ Designs:
b. Parklet Café
i. The parklet café site shall be located on at least one (1) parking spot within the public
way and appurtenances thereof shall be a minimum of two (2) feet from the nearest
edge of traveled way. Parklet cafes are restricted to City of Yorkville public streets
and shall not be permitted on any state, county or township roadways.
ii. Tables, chairs, umbrellas or other fixtures in the parklet café:
a. Shall not be placed within five (5) feet of fire hydrants, alleys or bike racks.
b. Shall not be placed within five (5) feet of a pedestrian crosswalk.
c. Shall not block designated ingress, egress or fire exits from or to the business
establishment or any other structures.
d. Shall not be physically attached, chained or in any manner affixed to any
structure, tree, signpost or light pole.
e. May be removed by the City at owner’s expense.
f. Shall be maintained in a clean, sanitary and safe manner.
g. Shall consist of commercial-grade furniture.
h. Shall not be placed outside or hang over the designated parklet café area.
iii. The parklet café shall be located in such a manner that a distance of not less than four
(4) feet maintained at all times as a clear and unobstructed pedestrian path. For the
purpose of the minimum clear path, traffic signs, trees, light poles and all similar
obstacles shall be considered obstructions.
iv. The parklet café, along with the sidewalk and roadway immediately adjacent to it,
shall be maintained in a neat and orderly manner at all times. Debris shall be
removed as required during the day and again at the close of each business day.
Maintenance details shall include access panels and how drainage will be provided
along the existing drainage way.
v. Parklet café decking must be flush with the curb and may not have more than a one-
half inch (1/2”) gap from the curb.
vi. The parklet café platform shall allow for access underneath the platform and curbside
drainage may not be impeded.
vii. All rails around the parklet café must be capable of withstanding a 200 lb horizontal
force.
viii. The parklet café shall be required to have reflective tape, soft hit posts, wheel stops
and, depending on the proposed location, may be required to have edging such as
planters, railing or cables.
a. If cables are used, vertical spacing between cables may not exceed six inches
(6”).
ix. Umbrellas and other decorative material shall be made of treated wood, canvas, cloth
or similar material that is manufactured to be fire resistant. No portion of an umbrella
shall be less than six feet eight inches (6’-8”) above the sidewalk. Umbrellas must be
secured.
x. Temporary signage such as menu boards or easels may be permitted in parklet cafes.
xi. No food preparation, food or beverage storage, refrigeration apparatus or equipment
shall be allowed in the parklet café unless authorized by the Community
Development Director or designee as part of a special event.
xii. No amplified entertainment shall be allowed in the parklet cafe unless authorized by
the Community Development Director or designee as part of a special event.
xiii. Patio heaters shall not be permitted in a parklet café.
xiv. Parklet cafes shall meet the intersection visibility requirements in accordance with
other standards in the City’s Zoning Ordinance.
Examples of Parklet Café’ Designs
APPLICATION PROCEDURES: A permit shall be required for all encroaching furniture and
improvements. The application shall be filed with the Community Development Department no less than
thirty (30) days prior to intended date of operation on a form provided by the City. The application shall
be signed by the owner of the property or an authorized agent. Authorized agents shall submit written
authorization. The application shall be accompanied by the following:
A. The name, address and phone number of the applicant.
B. The identity of the business, the street address and names of any managers or agents of the
proposed sidewalk café or parklet café.
C. A detailed diagram and a written description of the premises for which a permit is sought. A
description of the design, including a detailed scale drawing of the sidewalk café or the parklet
café, its portable barriers and the placement of tables, chairs, planters, canopies, umbrellas, etc.
with all existing fixed features such as trees, sign posts, fire hydrants, etc. within twenty feet (20’)
of the encroachment shall be depicted in the site plan.
D. Dates and hours of operation requested during which the permit is to be effective.
E. An executed indemnification agreement in favor of the City of Yorkville.
F. The permittee shall obtain and maintain in force comprehensive general liability, broad form
property damage and blanket contractual liability insurance in a combined single limit amount,
per claim and aggregate of at least one million dollars ($1,000,000.00) covering the permittee’s
operations on the sidewalk or right-of-way. Such insurance shall name, on a special endorsement
form, the City of Yorkville, its elected and appointed boards, commissions, officers, agents and
employees as additional insurers. A certificate of insurance shall contain provisions that prohibit
cancellations, modifications, or lapse without thirty (30) days prior written notice to the city’s
Clerks Office.
G. If the sidewalk area sought to be permitted is not owned by the applicant, then a certified copy of
a document showing that the owner of the sidewalk area consents to the sale of food and/or
beverages on such sidewalk(s).
H. If an applicant contemplates the consumption of alcoholic beverages a separate liquor license
application for the premises shall also be submitted to the City’s Clerks Office.
I. If the applicant contemplates the consumption of food, a copy of submitted permit application to
the Kendall County Health Department for the premises.
PERMIT FEES: An application fee of fifty dollars ($50.00) shall be required for all sidewalk cafés or
parklet cafes with area one hundred (100) square feet or less. An application fee of one hundred dollars
($100) shall be required for all sidewalk cafes or parklet cafes with an area greater than one hundred (100)
square feet.
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #3
Tracking Number
PS 2017-18
Liquor License Application and Fee Review
Public Safety Committee - October 5, 2017
Approval
Majority
Review of Liquor License Fees and Liquor License Application Fee with
surrounding comparable communities.
Erin Willrett Administration
Name Department
Summary
Review of Liquor License Fees and Liquor License Application Fee with surrounding
comparable communities.
Background
Attached you will find a spreadsheet outlining selected liquor license categories with a brief
description and current fees associated with those categories. Also attached is a similar spreadsheet
outlining the initial application fee and associated fees for the same municipalities. The last
comprehensive review of fees was completed in 1996. In reviewing both license category fees as well
as liquor license application fees, staff observed that Yorkville was lagging behind in the amount
charged for liquor license fees as well as the liquor application fee. In order to stay current within the
close geographic area of communities, staff is recommending increases to the license fees and
application fee. The license fee is proposed to go into effect May 1, 2018 and the application fee is
proposed to take effect if it is approved by City Council.
Recommendation
Staff is recommending the increase of $200.00 per license fee for Class A1, R1, B, B1, BG, CA
and MB as shown on the attached spreadsheet. Staff is also recommending a $150.00 increase of the
initial liquor license application fee. This proposed increase would equal a total initial application fee of
$250.00. These proposed increases would keep the City in-line with the surrounding communities’ fee
schedules.
Memorandum
To: Public Safety Committee
From: Erin Willrett, Assistant City Administrator
CC: Bart Olson, City Administrator
Date: October 5, 2017
Subject: Liquor License Application and Fee Review
Common Name: No restrictions barCommon Name: RestaurantCommon Name: Full retailCommon Name: Beer wine retailCommon Name:Hybrid Bar GrillCommon Name: CateringCommon Name: BrewpubCharacteristics: Can drink at the bar, can buy packages to take homeCharacteristics: Can drink at the bar, but majority of all revenue has to be derived from food serviceCharacteristics: Can buy beer, wine and spirits to take homeCharacteristics: Can buy beer and wine to take home.Characteristics: Can drink at the bar, but majority of all revenue has to be derived from food service during the day and unlimited during the nightCharacteristics: Can sell liquor to the general public for consumption at a private partyCharacteristics: Sell beer only on site for drinking onsite or to take home.Yorkville ClassA1Yorkville ClassR1Yorkville ClassBYorkville ClassB1Yorkville ClassBGYorkville ClassCAYorkville ClassMBAlgonquin $2,000.00 $1,500.00 $1,200.00 $700.00 N/A N/A $2,000.00Batavia1500 3$1,800.00 $750.00 $750.00 N/A $200.00 $1,300.00Dekalb 1$2,599.00 $3,431.00 $2,599.00 N/A N/A N/A N/AElburn $1,000.00 N/A $1,000.00 $1,000.00 N/A N/A N/AGeneva 2$2,000.00 N/A N/A N/A N/A N/A $2,500.00Gilberts N/A $1,200.00 $1,200.00 N/A N/A N/A N/ALemont $2,200.00 $2,000.00 $2,000.00 $1,500.00 N/A N/A N/ALockport $1,750.00 $1,250.00 $1,500.00 N/A N/A N/A N/AMontgomery $1,500.00 $1,000.00 $1,000.00 $750.00 N/A $1,000.00 N/ANorth Aurora N/A $2,650.00 $1,880.00 $1,880.00 N/A N/A $3,000.00Oswego $1,800.00 $1,500.00 $1,500.00 $1,200.00 N/A $550.00 $800.00Plainfield $1,900.00 $1,900.00 $1,500.00 N/A $1,800.00 $1,200.00 $1,900.00Plano $1,000.00 $750.00 $1,250.00 $1,250.00 N/A N/A N/ASugar Grove $1,900.00 $1,450.00 $1,250.00 N/A $1,850.00 $1,150.00 N/AAverage $1,786.27 $1,702.58 $1,433.00 $1,128.75 $1,825.00 $820.00 $1,916.67Yorkville current $1,500.00 $1,000.00 $1,000.00 $800.00 $1,200.00 $500.00 $1,500.00Recommendation $1,700.00 $1,200.00 $1,200.00 $1,000.00 $1,400.00 $700.00 $1,700.00Notes1Dekalb's Renewal Fee was used2Geneva's Renewal Fee was Used3Batavia A1 equivalent represents Tavern license plus package amount
Initial Application FeeLate FeeChange in Ownership/NameChange in Manger or AgentFine if not reportedReplacement LicenseFingerprinting Fee (per person)Licensee move to a new locationAlgonquin $500.0020% of the total license fee, when a renewal application is filed less than 30 days prior to the $250.00 $50.00 $250.00 $50.00Batavia $250.00 $50.00 $50.00$35.00 $50.00Dekalb $520.00 $250.00Elburn N/AGeneva $200.00 $50.00$50.00Gilberts 1N/ALemont $500.00Lockport $500.00Montgomery 2N/ANorth Aurora $100.00Oswego $250.00$250.00$50.00Plainfield $250.00$50.00Plano $250.00$40.00Sugar Grove $500.00Average $347.27 $150.00 $150.00 $50.00 $250.00 $50.00 $43.75 $50.00Yorkville current $100.00 $100.00 $100.00Recommendation $250.00 $100.00 $100.00Notes1Pay license fee up front, refunded if not approved2Pay license fee up front, refunded if not approved
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #4
Tracking Number
PS 2017-19
KenCom Intergovermental Agreement
Public Safety Committee – October 5, 2017
Majority
Approval
Please see attached.
Bart Olson Administration
Name Department
Summary
Approval of an intergovernmental agreement for participation in KenCom, and cost sharing and
use of the New World computer system.
Background
The City has used the New World computer system for police operations for the past several
years. Previously, the license agreement for the computer system had been between New World and
Kendall County. As a result of an ongoing discussion of the modules used in the system and the cost
sharing for the system between all of the KenCom entities, Kendall County suggested that the license
agreement for the system be put in KenCom’s name and that the entities agree to split the cost of the
system in an intergovernmental agreement. This arrangement means that only one entity (KenCom)
controls the licensing, which is cheaper under the New World licensing agreement than if multiple
entities were licensed.
The City needs to review and approve two Intergovernmental Agreements between KenCom and
the City. The first agreement will cover the cost sharing of the entire system, which includes a one-time
buy-in cost for all of the modules based on how many users we have and an ongoing cost sharing
attachment. At time of packet creation, we do not have an estimate for the annual cost to the City for
FY 19. The cost sharing agreements are split between police and fire entities (different number of
entities, different modules within the systems). Generally, Montgomery pays a higher, flat contribution
because they are a late-arriving partner in KenCom and Yorkville pays a portion of the costs remaining
after the Montgomery contribution is put towards the gross total cost. At time of packet creation, we do
not have an estimate for the annual cost to the City for FY 19. This amount has not been included
within our previous KenCom budget amounts, but it will be added in future budget proposals.
The second agreement for consideration is the intergovernmental agreement between KenCom
and the City for operation of the computer system. Generally, this agreement covers the use of the
software, and how the data is accessed and maintained by KenCom.
Recommendation
Staff recommends approval of both agreements.
Memorandum
To: Public Safety Committee
From: Bart Olson, City Administrator
CC:
Date: September 27, 2017
Subject: KenCom Intergovernmental Agreement
(AGENCY) AND KENCOM PUBLIC SAFETY DISPATCH
INTERGOVERNMENTAL AGREEMENT (2017) – Tyler/New World Licensing and Maintenance Fees
Revision Date 08/17/2017 Page 1 of 2
This agreement is hereby entered into by and between KenCom Public Safety Dispatch, 1100
Cornell Lane, Yorkville, Illinois 60560 (hereinafter referred to as “KenCom”) and the (Agency), (Address),
(hereinafter referred to as “Agency”).
Whereas, KenCom on behalf of its participating member agencies has purchased and/or
obtained computer software and hardware through Tyler Technologies (hereinafter referred to as
“Tyler”); and
Whereas, (Agency) has requested KenCom to obtain on their behalf software licensing and
hardware for Tyler/New World Mobile CAD and/or the Tyler/New World Records Management System;
Whereas, the parties that have executed this agreement have the requisite authority to execute
this agreement, and intend by the execution of this agreement to bind KenCom and (Agency)
respectively to the terms of this agreement; and
Whereas, the parties to this agreement have each had ample opportunity to review this
agreement with their respective governing bodies, if any, and that this agreement has been approved by
legal counsel for the respective agencies and the respective governing bodies if any.
Now, Therefore, in consideration of the premises and mutual covenants hereafter set forth, the parties
agree as follows:
1) This IGA will not be considered effective until both the Tyler/New World Assignment from
Kendall County and Tyler/New World Security and Operations IGA are signed.
2) (Agency) agrees to reimburse KenCom for initial one-time buy-in costs for Tyler/New World
products listed in Table #1 which will be invoiced by _____________ and will be due no later
than (60) days after the invoice date. (date)
Table #1 – One- Time Initial Buy-In Cost
Qty Description Per Item Amount Total
## Tyler/New World Software Licenses for Mobile CAD $ $
## Permanent Mount Hardware for AVL (no annual maintenance) $ $
## Tyler/New World Software Licenses for Mobile In-Car Mapping $ $
## Third Party Software Licenses for In-Car Mapping $ $
##
Tyler/New World Field Based Reporting Mobile/Desktop Software
Licenses
$ $
## Tyler/New World Field Based Reporting Field Investigation
Mobile/Desktop Software Licenses
$ $
Grand Total One-Time Buy-In Cost $
3) (Agency) agrees to reimburse KenCom within (60) days of purchase for any additional software
and/or equipment procured from Tyler/New World by KenCom on behalf of the (Agency) after
the initial buy-in.
4) (Agency) agrees to reimburse KenCom for on-going annual maintenance costs for software
licensing for Tyler/New World products and Third Party Software listed in Table #1 above and
(AGENCY) AND KENCOM PUBLIC SAFETY DISPATCH
INTERGOVERNMENTAL AGREEMENT (2017) – Tyler/New World Licensing and Maintenance Fees
Revision Date 08/17/2017 Page 2 of 2
any additional software purchased after the execution of this agreement (except the Tyler/New
World Records Management System) for a period of no less than nine (9) years beginning in year
2018. The annual maintenance costs are calculated based on software license fees at a rate of
21% of the initial cost of the software license plus a three percent (3%) annual increase. Annual
maintenance costs will be billed annually on ____________ and will be due no later than (60)
days after the invoice date. (date)
5) (Agency) agrees to reimburse KenCom for their portion of the Tyler/New World Records
Management System annual maintenance costs for a period of no less than (insert quantity)
years beginning in 2017. Maintenance costs will be billed annually on __________ and will be
due no later than (60) days after the invoice date. (date)
** See Attachment A – Tyler/New World (Law or Fire) Records Management System Cost
Sharing Agreement for the agreed upon portion of the Records Management System to be paid
by (Agency) **
6) After June 30, 2025 a two (2) year notification is required to opt out of the Tyler/New World
Software.
7) Affected member agencies with a cost sharing agreement for Tyler/New World RMS Software
will have thirty (30) days to respond to a request for cost sharing information in regards to
agencies interested in joining KenCom Public Safety Dispatch.
In witness whereof, the parties hereto have caused this Intergovernmental Agreement to be executed
by their duly authorized officers on the below date.
KenCom Public Safety Dispatch
Agency, Illinois
Name:
Name:
Title: Chairman, KenCom Executive Board
Title:
Date:
Date:
Signature:
Signature:
Attachment A – Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement
Revision Dated 08/31/2017 Page 1 of 2
The annual maintenance fees associated with the Tyler/New World Law Enforcement Records
Management System are listed in Table #1 below. The police agencies will determine the cost sharing
percentages and make notification to KenCom for the purpose of invoicing. The police agencies listed in
Table #2 below agree to share the total cost of the annual maintenance fees according to the amounts
also listed in Table #2 so long as the total annual maintenance fees are paid by the users and KenCom
receives a reimbursement amount that equals 100% of the total cost.
Table #1 – On-Going Annual Maintenance Costs Law Enforcement Records Management System
Year Year Period Covered Total RMS Amount
1 2017 July 1st, 2017 – June 30th, 2018 $141,452
2 2018 July 1st, 2018 – June 30th, 2019 $104,000
3 2019 July 1st, 2019 – June 30th, 2020 $107,120
4 2020 July 1st, 2020 – June 30th, 2021 $90,000
5 2021 July 1st, 2021 – June 30th, 2022 $92,700
6 2022 July 1st, 2022 – June 30th, 2023 $95,481
7 2023 July 1st, 2023 – June 30th, 2024 $98,345
8 2024 July 1st, 2024 – June 30th, 2025 $101,296
9 2025 July 1st, 2025 – June 30th, 2026 $104,335
10 2026 July 1st, 2026 – June 30th, 2027 $107,465
Table #2 – Cost Sharing of the Law Enforcement Records Management System
Year Police Agencies Percentage Split
Total RMS Amount
2017 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
**$76,525
55% of remaining bal.
15% of remaining bal.
15% of remaining bal.
15% of remaining bal.
2018 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
**$37,125
55% of remaining bal.
15% of remaining bal.
15% of remaining bal.
15% of remaining bal.
2019 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
**$38,239
55% of remaining bal.
15% of remaining bal.
15% of remaining bal.
15% of remaining bal.
2020 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
TBD
TBD
TBD
TBD
TBD
2021 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
TBD
TBD
TBD
Attachment A – Tyler/New World Law Enforcement Records Management System Cost Sharing Agreement
Revision Dated 08/31/2017 Page 2 of 2
Yorkville Police Department
Plano Police Department
TBD
TBD
2022 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
TBD
TBD
TBD
TBD
TBD
2023 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
TBD
TBD
TBD
TBD
TBD
2024 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
TBD
TBD
TBD
TBD
TBD
2025 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
TBD
TBD
TBD
TBD
TBD
2026 Montgomery Police Department
Kendall County Sheriff’s Office
Oswego Police Department
Yorkville Police Department
Plano Police Department
TBD
TBD
TBD
TBD
TBD
KenCom Public Safety Dispatch
Agency, Illinois
Name:
Name:
Title: Chairman, KenCom Executive Board
Title:
Date:
Date:
Signature:
Signature:
(AGENCY) AND KENCOM PUBLIC SAFETY DISPATCH
INTERGOVERNMENTAL AGREEMENT (2017) – Tyler/New World Security and Operations
Revision Date 08/31/2017 Page 1 of 4
THIS AGREEMENT is hereby entered into by and between KenCom Public Safety Dispatch, 1100 Cornell
Lane, Yorkville, Illinois, and the (Agency Village/City), on behalf of the (Agency), (Address), Illinois.
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, provides that
units of local government may contract or otherwise associate among themselves to obtain or share
services and to exercise, combine, or transfer any power or function in any manner not prohibited by
law or by ordinance and may use their credit, revenues, and other resources to pay costs related to
intergovernmental activities; and
WHEREAS, the (Agency Village/City) (hereinafter referred to as “(Agency)”, and KenCom Public
Safety Dispatch, Illinois (hereinafter referred to as "KenCom”), are units of local government within the
meaning of Article VII, Section 10 of the Illinois Constitution of 1970 who are authorized to enter into
intergovernmental agreements pursuant to the Intergovernmental Cooperation Act, 55 ILCS 220/1et
seq.; and
WHEREAS, KenCom has purchased computer software through Tyler/New World Systems,
(hereinafter referred to as "Tyler/New World"); and
WHEREAS, said computer software includes multi-jurisdictional features which allow the
sharing of said computer software amongst different agencies; and
WHEREAS, KenCom will operate the Tyler/New World software on its server(s); and
WHEREAS, the (Agency Village/City), on behalf of (Agency), and KenCom desire to enter into
this Intergovernmental Agreement in order to provide an arrangement which would facilitate the use
of the Tyler/New World Software by (Agency) through the use of the server(s) operated by KenCom;
and
WHEREAS, the parties to this Agreement agree that the server(s) operated by KenCom has
sufficient capacity at the present time to handle the Tyler/New World computer software which
Tyler/New World intends to provide to (Agency); and
WHEREAS, the parties that have executed this Agreement have the requisite authority to
execute this Agreement and intend by the execution of this Agreement to bind KenCom and (Agency)
respectively to the terms of this Agreement; and
WHEREAS, the parties to this Agreement have each had ample opportunity to review this
Agreement with their respective governing bodies, if any, and that this Agreement has been approved
by legal counsel for the respective agencies and the respective governing bodies, if any.
WHEREAS, any agency using the Tyler/New World software on the KenCom server will be
bound by the terms of this Security and Operations IGA.
NOW, THEREFORE, in consideration of the premises and the mutual covenants hereafter set forth, the
parties agree as follows:
(AGENCY) AND KENCOM PUBLIC SAFETY DISPATCH
INTERGOVERNMENTAL AGREEMENT (2017) – Tyler/New World Security and Operations
Revision Date 08/31/2017 Page 2 of 4
1. This IGA will not be considered effective until both the Tyler/New World Assignment from
Kendall County and Tyler/New World Licensing and Maintenance Fees IGA are signed.
(Agency) shall have the right to remove data owned by the agency at their cost with the
understanding they will abide by the terms set forth in this IGA indefinitely.
2. Data imported, records created and stored by a fire or policy agency on the Tyler/New
World server into the fire and police RMS Software System is the property of the imputing
agency.
3. The (Agency) will be permitted to use the KenCom computer network to access KenCom’s
Tyler/New World server(s) owned and maintained by KenCom for the purposes of the
operation of Tyler/New World software.
4. All connectivity charges including hardware, software, services and security incurred with
connection with the (Agency’s) access to and operation of the Tyler/New World software
on the KenCom computer network will be at the cost of the (Agency) and will be paid
directly by (Agency) .
5. KenCom will own and maintain the Tyler/New World server(s). KenCom will bear sole
responsibility for the maintenance and replacement of KenCom’s hardware that operates
the Tyler/New World software.
6. KenCom will arrange for all backup, data recovery and security systems in accordance with
the regulations and operating procedures of KenCom approved by the Operations and
Executive Boards.
7. KenCom and (Agency) will have no liability to the other for data which is damaged or lost as
a result of the operation and/or failure of the Tyler/New World server(s) or the KenCom
computer network.
8. KenCom will arrange for scheduled system downtime for maintenance with no less than a
twenty four (24) hour confirmed notice to the (Agency’s) designee.
9. KenCom will respond to any unscheduled downtime due to system failure or emergency
situations as quickly as possible to minimize the impact to the (Agency) .
10. The (Agency) will administer all aspects of the (Agency’s) use of the Tyler/New World
software including the issuance of passwords, authorizing of new users, discontinuing access
of former users, assignment of security levels and similar matters.
11. In the event a party to this agreement receives a request for KenCom or (Agency’s) police,
fire or CAD records contained on the KenCom Tyler/New World server belonging to another
party to this agreement (whether by FOIA, subpoena, court order, etc.) the recipient of the
request will forward the request to the other applicable party who shall respond to the
request for their records in accordance with their agency’s regulations and operating
procedures. In no event shall KenCom release any of the (Agency’s) RMS records to a third
party without the prior written consent of the (Agency’s) unless ordered to do so by a court.
(AGENCY) AND KENCOM PUBLIC SAFETY DISPATCH
INTERGOVERNMENTAL AGREEMENT (2017) – Tyler/New World Security and Operations
Revision Date 08/31/2017 Page 3 of 4
In no event shall (Agency) release any of the KenCom CAD records to a third party without
the prior written consent of KenCom unless ordered to do so by a court.
12. Each party shall hold all confidential information of the other party in trust and confidence
for the party claiming confidentiality and not use such confidential information other than
for the benefit of that party or the sake of the safety of other emergency responders that
KenCom provides dispatch service for. The other party agrees not to disclose any such
confidential information, by publication or otherwise, to any other person or organization.
13. KenCom will effectuate and keep current a signed agreement or IGA with their contracted IT
provider that will allow access to the Tyler/New World server(s) or computers that operate
Tyler/New World software for maintenance purposes only, that prevents IT staff from
viewing data that exists on the server(s) and computers unless necessary for the purpose of
maintenance and that forbids dissemination of any data that is accessed on the server(s) or
computers during the course of performing maintenance.
14. The parties agree that any modification to the Agreement must be in writing and signed by
authorized individuals on behalf of the undersigned agencies.
15. This agreement shall not be assigned without the prior written consent of the parties. In
any action with respect to this Agreement, the parties are free to pursue any legal remedies
at law of in equity. All terms and provisions of this Agreement shall be governed by the laws
of the State of Illinois and are subject to good faith and fair dealing implied in all Illinois
contracts. The parties agree that the proper venue for this Agreement shall be Kendall
County, Illinois.
16. Any notice required or permitted to be given pursuant to this Agreement shall be duly given
if sent by email or fax and certified mail or courier service and proof of service is received. In
the case of notice to KenCom Public Safety Dispatch send to, Attention Director, 1100
Cornell Lane, Yorkville, IL 60560, fax (630)882-8532, email KenComAdmin@co.kendall.il.us;
and, in the case of notice to (Agency), send to (Designee), (Title), (Address), (Fax), (Email).
17. Neither party will be responsible to the other for damage, loss, injury or interruption of
work if the damage, loss, injury or interruption of work is caused solely by conditions that
are beyond the reasonable control of the parties, and without the intentional misconduct or
negligence of that party (hereinafter referred to as a “force majeure event”). To the extent
not within the control of either party, such force majeure events include: acts of God, acts of
any governmental authorities, fire, explosions or other casualties, vandalism and riots of
war. A party claiming a force majeure event (“the claiming party”) shall promptly notify the
other party in writing, describing the nature and estimated duration of the claiming party’s
inability to perform due to the force majeure event. The cause of such inability to perform
will be remedied by the claiming party with all reasonable dispatch.
(AGENCY) AND KENCOM PUBLIC SAFETY DISPATCH
INTERGOVERNMENTAL AGREEMENT (2017) – Tyler/New World Security and Operations
Revision Date 08/31/2017 Page 4 of 4
In witness whereof, the parties hereto have caused this Intergovernmental Agreement to be executed
by their duly authorized officers on the below date.
KenCom Public Safety Dispatch
Agency, Illinois
Name:
Name:
Title: Chairman, KenCom Executive Board
Title:
Date:
Date:
Signature:
Signature: