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City Council Packet 2005 07-12-05 eo c,r ?`�` y9, United City of Yorkville E 800 Game Farm Road xn EI `�, x'- t Yorkville, Illinois 60560 p ' Telephone: 630-553-4350 1 ns ?? Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised: 7/11/05 Tuesday,July 12, 2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Executive Session: 1. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2. The purchase or lease of real property for the use of the public body. Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, July 25, 2005 6:00 p.m., Tuesday, July 12, 2005 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, July 21, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, August 4, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, July 14, 2005 City Hall Conference Room 1 City Council Meeting Agenda July 12, 2005 Page 2 Public Hearings: None Citizen Comments: Presentations: Consent Agenda 1. Building Permit Reports for May 2005 2. Block 4 Black's Addition—Letter of Credit—authorize the City Clerk to call the Letter of Credit if deemed necessary by the Mayor 3. Block 4 Black's Addition—Letter of Credit Reduction#1 —authorize reduction in an amount not to exceed $12,163.04 4. Asphalt Surface Treatment Program—Results of Bid Opening—award to CAM, LLC in an amount not to exceed$34,695.44 5. Contract A.2 —Cannonball Trail Booster/ PRV Station—Change Order#2 - authorize increase in an amount not to exceed$9699.00 for additional work related to valving and also for installation of an auto-dialer system and changes in the electrical service and authorize City Engineer to execute 6. Cornerstone Subdivision Bond Reductions #1 - authorize reduction to Lexon Bond#1010743 in an amount not to exceed$460,321.59 and also authorize reduction to Safeguard Bond#5012882 in an amount not to exceed$741,664.16 7. Bruell Street Forcemain and Gravity Sewer—Change Order#2—authorize increase in an amount not to exceed$16,500 and authorize City Engineer to execute 8. Sale of Used Equipment—authorize the sale of the following three vehicles: 1987 Chevrolet one ton pickup truck, 1989 GMC 3/4 ton pickup truck, and 1998 International 6x4 tandem axle dump truck and also authorize the sale of a four inch trash pump 9. 500 MG Water Tower Painting—Change Order#1 —authorize increase in an amount not to exceed $6,500.00 and authorize Mayor to execute 10. Ordinance Amending City Code, Title 3, Business; Chapter 3 Liquor Control Regarding New Classifications and New Enforcement Provisions - authorize Mayor and City Clerk to execute 11. Ordinance Amending City Code Section 10-11-3C Regarding Off Street Parking and Loading Regulations (Commercial/Office Parking Lots) - authorize Mayor and City Clerk to execute 12. Ordinance Amending City Code Sections 10-7D-1 and 10-8A-3 and Adding New Section 10-8A-7 Regarding Zoning for Mini-Warehouse Storage Facilities- authorize Mayor and City Clerk to execute 13. Ordinance Amending the City's Standard Specifications for Improvements (Ordinance 2004-39) Referenced in City Code Section 11-5-9 Regarding the Release Rate for Aux Sable Creek Watershed— authorize Mayor and City Clerk to execute City Council Meeting Agenda July 12, 2005 Page 3 Consent Agenda (con't) 14. Resolution Stating a Proclamation for Locating Utilities Underground - authorize Mayor and City Clerk to execute 15. Resolution Approving the Final Plat of Subdivision for Fox Hill Unit 6 Lot 1 - authorize Mayor and City Clerk to execute 16. Ordinance Providing for a Feasibility Study and Report with Respect to the Designation of an Area as a Tax Increment Financing Redevelopment Project Area(Downtown Business Area) - authorize Mayor and City Clerk to execute 17. Cannonball Ridge Park Bid a. award base bid to George's Landscaping in an amount not to exceed$238,334.00 b. authorize additional items by city in an amount not to exceed$15,500.00 for site work including landscaping and authorize design fees in an amount not to exceed$19,500.00 18. Illinois State Geological Survey Research Agreement for Groundwater Resource Investigations for Kendall County—authorize annual payment in an amount of$11,515.00 for three years for a total amount not to exceed$34,545.00 and authorize Mayor to execute 19. Truck Purchases a. Replacement of Utility Truck—authorize purchase through state purchase program in a total amount not to exceed$37,073.35 of which $30,569.35 will be funded from the Parks Capital line item and$6,504.00 will be funded from the Public Works Capital line item b. Additional One Ton Dump Truck- authorize purchase through state purchase program in a total amount not to exceed$32,741.10 of which $26,237.10 will be funded from the Parks Capital line item and$6,504.00 will be funded from the Public Works Capital line item. Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council— None Minutes of Committee of the Whole—June 21, 2005 Bill payments for approval from the current BM List(Corrections and Additions): Checks total these amounts: $ 1,246,454.37 (vendors) $ 167,484.37 (payroll period ending 6/25/05) $ 1,413,938.74 (total) Reports: Mayor's Report: 1. Resolution Supporting Application/Inclusion in Illinois Transportation Enhancement Program 2. McGrath Consulting Group, Inc. Agreement for Community Development Director Recruitment 3. Request for Single Bid Award for Rice Park 4. Proclamation for Elder Abuse Awareness Month City Council Meeting Agenda July 12, 2005 Page 4 Reports (con't): City Council Requests: 1. Ordinance Establishing Committees of the City Council 2. Ordinance Authorizing the City Council to Retain Independent Legislative Counsel City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. 2005 Crack Filling Project—Results of Bid Opening 2. USGS Floodplain and Floodway Mapping for Blackberry Creek a. Engineering Enterprises, Inc. Agreement for Consulting Engineering Services for the Monitoring of the Floodplain and Floodway Mapping for Blackberry Creek b. Sidwell Contract for Blackberry Creek 3. Plat of Easement—Betzwiser Development 4. Rob Roy Creek Interceptor—Contract#2—Resident Glen Levy's Request for a Buffer for PNA Property 5. Smith Engineering Consultants, Inc. Scope of Service Agreement for Citywide Transportation Analysis and Authorization for Expenditure of Contigency Funds Economic Development Committee Report: 1. Blackberry Woods Annexation Agreement and Preliminary Planned Unit Development Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning City Council Meeting Agenda July 12, 2005 Page 5 Public Safety Committee Report: 1. No Report Administration Committee Report: 1. No Report Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006 ;PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ;ECONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Munns Planning& Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development PUBLIC SAFETY; Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie City Council Meeting Agenda July 12, 2005 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 (con't) ;ADMINISTRATION; Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd FAD-HOC: TECHNOLOGY _ Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer (111 41C STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE AMENDING CITY CODE, TITLE 3,BUSINESS; CHAPTER 3 LIQUOR CONTROL REGARDING NEW CLASSIFICATIONS AND NEW ENFORCEMENT PROVISIONS Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 3, Business; Chapter 3 Liquor Control by adding classifications and adding provisions concerning enforcement, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Section 3-3-4 "Classes of Licenses"by adding classifications for Bar and Grill, Catering, Golf Course and Temporary/Special Event in the text as depicted on the attached Exhibit"A though D", and correspondingly setting fees and limitation on the number of licenses in the newly created classifications in the text as depicted on the attached Exhibits"E" and"F" and Whereas the Mayor and City Council have discussed that it may be prudent to amend Section 3-3-18 "Violations and Penalties"by adding the new Section 3-3-18(C) as depicted on the attached Exhibit"G". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting, that Title 3, Chapter 3, "Liquor Control" of the City Code of the United City of Yorkville is hereby amended by adding the Classifications, setting Fees, Limiting Number and providing for Enforcement all as depicted on the attached Exhibits "A through G". This Ordinance shall become effective upon passage. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT"A" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3-3-4 (A)(4) Other Licenses NEW CLASS "BG": Bar and Grill: BG--1 Bar and Grill. These licenses shall be treated during the daytime until 9:00 PM, as a R-1 Restaurant, and thereafter until closing each day as a A-2 Retail— Tavern Bar EXHIBIT"B" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3-3-4 (A)(4) Other Licenses NEW CLASS "GC": Golf Course GC—Golf Course. a. Authorizes the licensee to sell alcoholic liquor to its patrons and guests by the drink, for consumption in the clubhouse and on the golf course, and not for resale in any form. b. The license shall only be available for premises defined as a golf course/clubhouse herein which has a minimum of one hundred(100)total acres for an 18-hole or greater course or a minimum of fifty (50)total acres for a 9-hole course. c. Golf course/clubhouse means a public or private golf course with a clubhouse having facilities used, kept and maintained as a place where food is served, such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests EXHIBIT"C" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3-3-4 (A)(4) Other Licenses NEW CLASS "CA": Catering Class CA--Catering license. a. Authorizes the licensee to sell alcoholic liquor in connection with the operation of a catering business within the city. b. Authorizes the licensee to sell to the general public alcoholic liquor in original packages only, for consumption at a private party when the food for said party is prepared by the licensee. c. The license shall only be issued to persons who can demonstrate that they are operating a bona fide catering business with headquarters within the city. d. All food and beverage sales made by the licensee shall be made at the registered office of licensee, which shall be deemed the licensed premises. Such sales shall be subject to the applicable municipal taxes EXHIBIT "D" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3-3-4 (A)(4) Other Licenses NEW CLASS "T": Temporary Sec. 6-10. Temporary permits. (a) The local liquor control commissioner shall have authority to issue a temporary permit for sale of alcoholic liquor to be consumed on the premises at a banquet, picnic, bazaar, fair or similar private or public assembly where food or drink is sold, served or dispensed. (b) Such temporary permit may be issued to a club, society, fraternal or benevolent organization or association which is organized not for pecuniary profit, and shall be for a period of not more than four(4) days. (c) No more than three (3)temporary permits may be granted to any organization during a calendar year. (d) Notwithstanding any of the above-mentioned provisions, a temporary liquor permit may be issued for the sale and consumption of alcoholic liquor at a regularly scheduled game or tournament at a privately owned sports stadium. Such permit shall be issued with the provision that the sale of alcoholic liquor cease at 10:30 p.m. and that the sale and consumption of alcoholic liquor not be allowed outside of the stadium area. (e) The fee for such permit shall be determined, from time to time, by separate ordinance or resolution of the city council, and shall accompany the written application. EXHIBIT"E" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3-3-5 (D) License Fees and Terms, Subsection for"Other Licenses" Add to this Subsection"D"the following: BG -- Bar and Grill $ 1,200/year CA -- Catering $ 500/year GC -- Golf Course $ 2,000/year T -- Temporary $ 35/permit EXHIBIT"F" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3-3-6 Number of Licenses Add to this Section a Paragraph"4" as follows: 4. The following Classes shall have the corresponding limit on the total number of licenses issued: BG -- Bar and Grill No Limit on Number of Licenses CA -- Catering No Limit on Number of Licenses GC -- Golf Course No Limit on Number of Licenses T -- Temporary No Limit on Number of Licenses EXHIBIT "G" TITLE 3 BUSINESS, CHAPTER 3 LIQUOR, SECTION 3-3-18 NEW SECTION "C" ADDITIONAL VIOLATIONS C. Additional Violations The local liquor control commissioner may determine that the licensee is in violation of the Chapter if he determines that the licensee has violated any of the following provisions: (1) The licensee has violated any law of the state, any ordinance of the county, or any ordinance of the United City of Yorkville, which affects the public health, welfare and safety (including but not limited to the zoning and building regulations of the City) and which violation occurred as part of the operation of the licensee's business or upon the licensed premises or adjacent premises. (2) The licensee is more than forty-five (45) days delinquent in the payment of any debt to the city. (3) For the purposes of this section, every licensee shall be deemed responsible for the acts of his agents or employees whether or not such licensee knowingly permits or has actual knowledge of such unlawful acts stated in this section. (4) Notwithstanding any other provision of this Code, offenders under this section shall be fined an amount of not less than $250 per occurance. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION STATING A PROCLAMATION FOR LOCATING UTILITIES UNDERGROUND WHEREAS, the City Council of the United City of Yorkville has considered issues regarding the placement of utilities underground, and WHEREAS, the City Council deems it prudent to endeavor to have utilities underground rather than placed overhead upon polls as has been the practice in many areas of this and other municipalities, and WHEREAS,the City Council has investigated the costs and methods of relocating current utility lines underground, as well as placing future utility lines underground, and WHEREAS, while said relocating and placement have benefits and detriments, the City Council has found that the long term benefits of underground utilities exceed any detriments in relocating existing, or placing future utility lines underground, and WHEREAS, the City Council understands that relocating existing lines will be an ongoing endeavor, and that the placing of future lines may be accomplished more comprehensively, and WHEREAS, this Proclamation is intended to alert and inform the public of the City's ongoing desires and intentions. NOW, THEREFORE, BE IT RESOLVED THAT THE UNITED CITY OF YORKVILLE HEREBY PROCLAIMS, that it will endeavor to have utilities lines buried underground as opposed to placed overhead upon poles and shall communicate this intention to public and private entities to inform them of these intentions. OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 C' 475 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR FOX HILL, UNIT 6, LOT 1 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the attached Final Plat of Subdivision for the Fox Hill Subdivision, Unit 6, Lot 1; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Fox Hill Subdivision, Unit 1 (attached hereto) is approved and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 s F,LP. 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I I ��_ ON-LINE "+:4..) f0'P.U. & .E. I 20, I I Z4111:-L ` IB,S.LO ` >r. II 10'P.U. &D.E.-'-I 1 ti �' r10'P.U, &D.E. - I RIGHT-OF-WAY 2500 L -- I I I II I HEREBY _ J Ma,Y7437;g4 w hm I ••,.E M`\ 215 pD,r, _ I SET CONCRETE _ N,¢3` ,_ I I MONUMENT 1 g R`��53852 '7y.8j' N�47�' ' hm fo'P.U. &D.E. I 3 .. ...,,,,,,,,„.9,, -_-:---f--__ _ 116 —— I f0'P.U. &D.E. IRON PIPE r.... STj�L` FOUNDO.Z2NWES': ; \ �__R 1 Z� ' .L E_-- ------- TT`c ARC=172.96' ' HERETO` _ ` & M=ARC_28�.47 `` DocUNENT DED/Cq�O. RAD=1�OO.00 + FOUND _� 20'C47- _ M=S89 39'07"E 100.00 IRON PIPE ooe R=S89'16 28 W 100.00' Page 1 of 5 COMMITTEE OF THE WHOLE Tuesday,June 21,2005 DRAFT 7:05 P.M. City Conference Room Present Alderwoman Valerie Burd, Mayor Pro Tern Alderwoman Rose Spears Allecia Vermillion, Beacon News Alderman Paul James Kathy Farren, Kendall County Record Alderwoman Wanda Ohare Tammy Smooch, Yorkville Park Board Alderman Joe Besco Bart Olson, City of Yorkville Alderman Dean Wolfer Anna Kurtzman,Building Safety John Wyeth, City Attorney Tony Graff City of Yorkville Laura Brown, City of Yorkville Lloyd Yepsen Bill Powell, City of Yorkville Melanee Yepsen Traci Pleckham, City of Yorkville Pera Yepsen Harold Martin, Yorkville Police Public Hearing: None Presentation: None Detail Board Report(Bill list) Northwest Collectors Inc. is a Collection Agency handling the bills the city puts into collections. Alderwoman Spears would like to see a detailed list of who owes the city money. Items Recommended by Committee for Consent Agenda 1. Police Reports for April 2005 2. Police Reports for May 2005 3. Treasurer's Report for January, February, March, and April 2005 —the format of the reports is being revised, so the city does not have to wait for a monthly audit to compile the reports. Treasurer Bill Powell is not sure what the report will look like until it is done. 4. Single Audit Engagement Letter for$950,000 Water Radium Grant(Not to exceed $4,000)—Finance Director Tracy Pleckham recommends this go on Consent Agenda. It is a governmental Grant that requires an audit. All items will go on Consent Agenda. Mayor 1. ZBA 2005-20 Lloyd&Pera Yepsen—Rear-yard&Lot area Variance Request- a. Draft Ordinance Approving Variance for Reduction of Minimum lot size and Reduction of Rear Yard Set Back for 307 Mill Street. -Petitioners seek to divide a lot at 307 Mill St and construct a residence. The current house is straddling the Plat of Record lot and the Needs and Bounds lot that has been attached to this property. The southern portion of the Needs and Bounds lot is what will be divided, creating a second parcel for a new house. The proposed new lot would be 7,375 square feet. This lot currently is one of the larger lots on the block. Divided,the lot with the existing house would be average, and the Page 2 of 5 new lot would be a smaller lot, but it would not be the smallest on this block. The rear setback will be 20 feet. Anna Kurtzman recommends approval of the creation of the new lot and rear yard setback. This ordinance would be an exhibit with the footprint of the house attached. This will go on Consent Agenda. 2. Coffee with the Mayor will be June 25th at the Fine Arts Festival at Riverfront Park on East Hydraulic Avenue from 9 am to 11 am. City Attorney 1. Annual Approval of Prevailing Wage—Draft Ordinance—The Department of Labor enforces the Employers paying their Employees Prevailing Wage. A strip of paper can be placed above this posting in the foyer of City Hall that says for further information call, and the phone number for the Department of Labor. This will move on Consent Agenda Human Resource Commission 1. Salvation Army Golden Diners Sponsorship Request—this has not gone to committee yet. This is for a cash donation of$250 for the home delivered meals program, but the money will be disbursed throughout Kane, Kendall, and McHenry counties. It will not be able to stay only in Yorkville, or only in Kendall County. It has been Tabled and sent back to committee. 2. Market Day Fund raiser Sponsorship Request—This has been approved by the Human Resource Commission. The deposit has not been waived. This will go on Consent Agenda. Laura Brown requested there be a line added to the form to see if the date is available, if it has been approved, and if it is tentatively booked. Ad Hoc Technology 1. Redesign and Redevelopment of Website—Glory Spies has interviewed 3 companies and recommended J Rundy to do this work. The city will have direct access to the web page and the calendar. It will be a flashy, eye appealing and user friendly web page. Glory will be the main person updating the web page. It is not a budgeted expense; the money will be coming out of the contingency fund. Tony recommended the city add 30 support hours to the package for the first year. Ad Hoc Tech recommended to approve $7,900 but to include the additional support hours and any other additions made; it should not exceed$9,500. This will go on Consent Agenda. Economic Development Committee No Report Park Board 1. Gilbert Park Bid Opening Results—3 Companies bid on this project. The Park Board's recommendation is to accept the bid for JEM Morris Co. with the alternates. The bid is for $49,758 with an additional $5,000 of work to be done in- house. This will save the city money. The total bid comes to$54,758. This is a budgeted expense under Land Cash. The park is at the corner of Adrian Street and Washington Street. This will go on Consent Agenda. 2. Cooperative Agreement for Park view Christian Academy—Request to use General Fund Contingency Dollars of$1,620 to cover this un-budgeted expense— This is to run the Kiddie Campus out of the Parkview Academy from June through August because of the changes being done to the Beecher Building. It was Page 3 of 5 suggested that this expense be presented to Mr. Oliver since it is not a budgeted expense, and it is an expense generated due to the relocation of the Senior Center. This will go on Consent Agenda. 3. Park Naming of Sunflower Park—The homeowners of Sunflower Subdivision requested the Park be formally named even though the park is not yet built. They would like to keep their name and identity as a subdivision. This will go on Consent Agenda. Tammy Smooch is on the Park Board. She just went on the semi-annual Park Board Tour of 19 Parks. The company who built the Grand Reserve Park is the same company who will be building Gilbert Park. Public Works Committee No Report Public Safety Committee 1. Request to purchase LIDAR Unit—This is more of an FYI for the Council. It will be used in residential areas, and it will be purchased with money from the CPAT account. This will move on Consent Agenda. 2. Cadet Program—this is also an FYI. It has already been approved. The application process will begin on Saturday, and chief martin is hoping to have someone selected by August. The Cadet will be taking classes at Waubonsee. The tuition costs are part of the program, but the cadet will still need to keep his or her grades up. If the Cadet should receive a C or less,they will get a warning, and if the Cadet should still receive poor grades, the program would then be terminated with that person. The Cadet will be mentored by Jon Helland,the school SRO officer. The Cadet will have to go through field training. The Cadet will have to go to school and work part-time 20 hours a week and be successful at his or her evaluations. 3. Liquor Ordinance Amendments-There were some corrections to this. In Exhibit "A", 9:00 should have a pm after it. And in Exhibit"D"paragraph (d)the words beer should be replaced with alcoholic liquor. This will move on Consent Agenda. 4. New Program to Assist with Missing Kids—This is an FYI. It is a tool for smaller communities to use. It is provided at no cost to the city. This organization can produce 1,000 phone calls in 60 seconds to locate a missing child. Even though it is targeted at finding missing children,the company will look for missing mentally challenged adults, college kids, and elderly people. This will move on Consent Agenda. 5. Parking—On Street/Overnight/Around Parks—Request for Public Meeting a. Prohibition on Overnight and Certain Commercial Parking—There will be a public meeting on this subject July 26th at 7pm. The City Council could vote on this with a proposed effective date. If it is passed the officers would give out a warning for the first ordinance violation, and then a citation would be issued for any following ordinance violations. The proposed ordinance could be put on the website, and a flier can be placed on the windshields of the vehicles parked on the road once it has been passed. There was a correction in that it would be specified to be No Parking on a curbed street. This will go on Consent Agenda. b. Fox Hill Park East&West—No Parking on specific Streets—It was suggested that for future Park projects there be a requirement for off street parking to be built and developer installed. Also it is possible that the curb in front of the park could be cut into to make more parking. This moves on Consent Agenda. 6. Request to purchase two replacement squads—This is an FYI, it has already been Page 4 of 5 budgeted. The reason for the two types of cars being purchased is the cars that are being replaced are the same type, and the equipment can just be transferred to the new car. This will move on Consent Agenda. 7. Request to purchase Data Recorder for Total Station—This will come out of the CPAT account. This will go on Consent Agenda. Administration Committee 1. Community Development Director Job Description—The answers to Bart Olson's questions were: for#1,the Community Development Director should report to the City Administrator. For#2 regarding minimum education and years of experience should be 8 years of experience and a Master's Degree required. It is also thought that a headhunter can be used to expand the geographical area of people that would apply. For Bart Olson's 3rd question about Abby Roger's changes based on her legal review, Functions 3, 10, 18 and 20 will be deleted. Functions 1, 11, 12, 7, 9, and 19 will be reorganized and prioritized as recommended by Abby Rogers. Bart Olson's 4th question is about the salary. The salary range should be between $80,000 and $105,000 based on the salary survey. This will be revised and move on Consent Agenda. 2. Draft Resolution Adopting Sponsorship Policy—The forms used to request Sponsorship will be revised to include the date and time received, the date approved, and the date availability. This is to be received by the city clerk who will then call for facility verification. Tony Graff will send out a memo to implement a policy to see this is handled properly. 3. Senior Engineering Technician Salary Schedule—This is a senior tech level and would not be a supervisory position. It is recommended that another salary range be added of$41,000 to $57,100. The people already filling this position are already making at least$41,000. a. Draft Resolution Adopting Salary Schedule for Senior Engineering Technician 4. Senior Engineering Technician Job Description—This revised job description would be for new employees. The minimum experience would be 2 years and at least 64 credit hours of college coursework. Alderwoman Ohare expressed concern that the city would be missing the qualified individuals for this position that never went to college. a.Draft Resolution Creating the Position of Senior Engineering Technician 5. Draft Ordinance Revising the Position of Deputy Clerk—this will be corrected,the extra words of by amended will be deleted. This will move on Consent Agenda. 6. Draft Resolution for Deputy Clerk Stipend—There were questions about whether or not the stipend was enough money for the duties. Since a lot of the duties of the position have been removed, it is thought that is enough. This will move on Consent Agenda. 7. Administrative Assistant Job Description—This is a new position and this person will be the Administrative Liaison to the City Council. The corrections will be moved on and it will return to the Administration Committee for further discussion. a. Draft Resolution Creating the position of Administrative Assistant 8. Revised Office Assistant Job Description—This will move on Consent Agenda, and then go back to committee. a. Draft Resolution Approving Revised Job Description of Office Assistant 9. Full-time Accounting Clerk I Job Description—This is a new position that is in the Budget. The minimum requirements for this position would be 64 credit hours of college level coursework with major coursework in accounting, finance, or related Page 5 of 5 field. A Bachelor's degree would be preferred, or any extensive equivalent combination of municipal experience and education that provides the required knowledge, skills, and abilities may be considered. The changes will be made and it will move on Consent Agenda. a.Draft Resolution Creating the Position of Accounting Clerk I 10. Part-time Utility Billing Clerk Job Description—This is a new position that is currently only requiring a High School Diploma or GED. This will move on Consent Agenda. a.Draft Resolution Creating the Position of Part time Utility Billing Clerk City Council Requests The City Council requests to send flowers to Alderman Leslie's father who is in the hospital. 1. Draft Ordinance Establishing Committees of the City Council—Alderman Leslie and Alderman Munns told Alderman Besco that he can agree with seniority for choice of committee. The committees will pick their chairman, and in case of a tie, the city council would vote. The changes to this would be that there would be no weighted votes. As it has been presented, city council would pick a chairman based on seniority. The senior Aldermen would get to choose committees first. The Aldermen are comfortable with selecting a chairman inside of the committee, and in case of a tie vote, it would go on to City Council for a vote. To determine the seniority of people elected at the same time, it would be based on the number of citizens that voted for each Alderman. This will move on to City Council for discussion. 2. Draft Ordinance Authorizing the City Council to Retain Independent Legislative Council—this was Tabled until the next COW Additional Business Alderwoman Ohare wondered about the sign in Fox Hill. The SSA takes care of the median. It will be put on Eric Dhuse's list. Bait Olson will be putting a note in everyone's mailbox about a seminar. The man holding the seminar wants 100%turnout from elected and appointed officials for it to be the most effective. This was recommended by the Administration Committee. The tentative date is scheduled for July 27t. It may be possible to schedule it the first Wednesday in August. Someone from the IML should be invited as an observer. The meeting was adjourned at 10:20 pm. Minutes submitted by Laura Leppert. �tiD CST o United City of Yorkville Memo i r!1 '" 800 Game Farm Road EST. 1IN ._______ 1836 Yorkville, Illinois 60560 �� Telephone: 630-553-4350 0 1114 y Fax: 630-553-7575 4LE >>' Date: July 8, 2005 To: Mayor& City Council t From: Traci Pleckham—Finance Director.4 Subject: Bill List Questions from 7/5/05 COW meeting As a follow up from the 7/5/05 COW meeting, the following two bill list corrections were made: • Page 6: The $452.59 invoice from Deuchler Associates was corrected to be paid from the A/R Other account. • Page 21: The Provena Saint Joseph Hospital vendor was changed to Provena Mercy. M VC I STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION SUPPORTING APPLICATION/INCLUSION IN ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM WHEREAS, the City Council of the United City of Yorkville has considered submitting bike/pedestrian trail projects to the Illinois Transportation Enhancement Program to obtain funding, and WHEREAS, the City Council has learned that said program can provide up to 80% of eligible project costs, and WHEREAS, the City Council supports the use of non-motorized transportation, and the enhancement of such use by providing a system of bike/pedestrian trails within the City of Yorkville, and the connection of said system to regional and state systems of trails. NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the City hereby expresses its support of the Illinois Transportation Enhancement Program, and authorizes City Staff to make appropriate application to have City trail systems included in the Program. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 AGREEMENT BETWEEN CITY OF YORKVILLE AND McGRATH CONSULTING GROUP, INC. FOR THE COMMUNITY DEVELOPMENT DIRECTOR RECRUITMENT THIS AGREEMENT made the 12TH day of July 2005 by and between McGrath Consulting Group, Inc., hereinafter called the consultant, and the City of Yorkville, hereinafter called Yorkville. WHEREAS, the consultant submitted a proposal, dated December 2004, to Yorkville to conduct a search for the position of Community Development Director. NOW, THEREFORE, the parties (Yorkville and the Consultant) do mutually agree to the following: Yorkville shall engage the consultant to perform the work described in its proposal of July 2005, referred to as the PROJECT, which is incorporated herein by reference, excluding the assessment center testing. The project shall be undertaken and completed in such sequence as to assure the expeditious completion and best carry out the purposes of the agreement. The Project will begin in July 2005. The Consultant agrees to complete the project as proposed for a total compensation of $8,850 in consultation fees and expenses. Yorkville agrees to pay the Consultant for work on the Project by submission of two invoices- $1,500 to be invoiced upon receipt of the signed contract; and the balance at the completion of the final interview date facilitated by McGrath Consulting. In consideration of this agreement, Yorkville agrees to: • Afford prompt decisions on matters affecting the progress of the work. • Assist McGrath Consulting in room accommodations. • Provide for refreshments and lunch, during the interview process for the interview team, excluding candidates. • McGrath Consulting Group, Inc. will bill Yorkville for services performed and Yorkville shall remit payment within 30 days of receipt of said billing. • The City of Yorkville will be responsible for all advertising costs, and any costs associated with candidate travel. Guarantee: In the event the selected candidate leaves employment at the request of the City of Yorkville, within one year of the date of hire, McGrath Consulting will conduct a second search at no cost. The City of Yorkville would only be responsible for the costs associated with advertising and applicant travel expenses. This guarantee does not apply if the selected candidate voluntarily resigns the position. GENERAL CONSIDERATIONS 1 . Nondiscrimination - In consideration of the signing of this Agreement, the parties hereto for themselves, their agents, officials, employees, and servants agree not to discriminate in any manner on the basis of race, color, creed, or national origin with reference to the performance of this Agreement. 2. Termination and Suspension a. This Agreement will continue in full force and effect until completion of the Project as described in the proposal unless it is terminated for nonperformance as outlined below. b. If either party fails to perform as required by this Agreement, the other party may terminate it by giving written notice of such failure to perform and the intent to terminate. If the party receiving such notice does not cure its failure to perform with 20 days of such notice, the party issuing such notice may then terminate the Agreement by giving written notice of termination to the other party. c. In the event of termination, the Consultant will be paid by Yorkville for all services actually, timely, and faithfully rendered up to the receipt of the notice of termination and thereafter until the date of termination. The Consultant will provide all work documents developed up to the time of termination after Yorkville renders final payment for service. 3. Successors and Assigns- Yorkville and the Consultant each bind the other and assigns, in all respects, to all of the terms, conditions, covenants, and provisions of this Agreement, and any assignment or transfer by the Consultant of its interest in this Agreement without the written consent of Yorkville shall be void. 4. Compliance with Law - The Consultant will comply with any and all applicable federal, state, and local laws (known to the Consultant) as the same exist and may be amended from time to time. McGrath Consulting Group, Inc. 2 5. Amendment of Agreement -This Agreement shall not be altered, changed or amended except by mutual written agreement of the parties. 6. Indemnification Clause -For purposes of this section, work performed is described as the preparation of studies and recommendations pertaining to the scope of services contained in this Agreement, as presented to Yorkville for review and approval. Notwithstanding anything herein to the contrary, to the maximum extent permitted by law, the Consultant shall not be liable for consequential damages or for actions resulting from working as an agent of Yorkville in evaluating the candidates for the aforementioned organization. Any confidential information provided to or developed by the Consultant in the performance of the agreement shall be kept confidential and not made available to any individual or organization by the Consultant without the prior written approval and consent of Yorkville. 7. Whole Agreement - This agreement constitutes the entire agreement between Yorkville and the Consultant. Any modification must be in writing and approved by Yorkville and the Consultant. The agreement incorporates all the agreements, covenants, and understanding between the parties concerning the subject matter hereof, and all such covenants, agreements, and understands have been merged into this written agreement. 8. Independent Contractors - The Consultant and its agents and employees are independent contractors performing professional services for Yorkville and are not employees of Yorkville. Nothing herein shall be construed as incurring for Yorkville any liability for Worker's Compensation, FICA, withholding tax, unemployment compensation, or any other payment, which would be required to be paid by Yorkville if Yorkville and the Consultant were standing in an employer/employee relationship, and the Consultant hereby agrees to assume and pay all such liabilities. 9. Subcontract - The Consultant shall not subcontract any portion of the services to be performed under this agreement without the prior written prior approval of Yorkville. McGrath Consulting Group, Inc. 3 The parties have executed this Agreement, the day and year first above written. Approved By: By: victoria_7. McGrath. City of Yorkville Victoria McGrath, Vice President McGrath Consulting Group, Inc. Date Date McGrath Consulting Group, Inc. 4 MVCR43 YDRKv1u.E PARKS&RECREATION Yorkville Parks & Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Art Prochaska, Mayor From: Laura J. Brown Date: July 7, 2005 Cc: John Wyeth,Attorney Re: Single Source Bid Award Through routine safety inspections to Rice Park at Rivers edge Park staff identified a sinking problem with the playground equipment. A soil engineer was contacted base on the recommendations of City Engineer Wywrot to conduct 5 soil boring to determine the nature of the subsurface and assist with determining the corrective options. We have since received the report summarizing the problem of an unknown sink hole possibly originating from the original owners use of the farm land. After consulting with City Engineer Wywrot, City Planner Schoppe and the original installer or the playground Georges Landscaping, all parties agreed on a solution to correct the sinking playground equipment. Recommended action Staff are recommending a single source bid to George's Landscaping for the excavation and corrective installation of the footings, sub surface and playground equipment of Rice Park for the amount of$17,947.00. Land Cash reserve funds will be used for this expense. In awarding the single source bid to George's Landscaping will allow for the preservation of Warranty for the overall original installation of the Park. George's Landscaping was previously awarded the contract through a bid process and was determined lowest bidder. Request to award a single source bid to George's Landscaping for the remediation FAX NO. 1+815+774+0352 P. 02 JUL-06-05 WED 01:13 PM GLI ( - ,i{i: k !i - DESIGN . 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L OI aiealfri tatNQ - Yate,vI Date• ...G i -.� CoN".r"iNtWO Pliers A Lilt , ... 4) / W/i(. ellAcele p oy40-4/N,o 4$101/02-S 7e mixage 7447- 77/6-y )j777/6 776 / wa- /,✓.sr.44 - p y‘gounl,el s4(,e e--,9 I4- #, sly/ziaV y yak 5/Tr l✓/Gc SC (.WV67? test/ebn ,-r1od) cF /40,)6r-r No - l v s u !-Z Do �i,r� � � 7� /N�' ec 'moi•07`,1,oyy tiowwb is 477 V4 1(1/6r-e- , Nor zoer41/V 7� J hr- 6 F 47-- /00 Po G/ SSS 7v7-21L Pld yfi aanIO /_c 11/SmNTIz4 4W0 gkAssariglzo. /40, 107.A /SS'LIC19 6y; 7.D.C21f/ate, � G/ Ws-- 116-cb-pn.13 Qy: 4arE` www.g eo rgesl a ndsca p i ng.com 4 (Revised 7/8/05) Ordinance No. AN ORDINANCE AUTHORIZING THE CITY COUNCIL TO RETAIN INDEPENDENT LEGISLATIVE COUNSEL IN THE UNITED CITY OF YORKVILLE STATE OF ILLINOIS WHEREAS,the United City of Yorkville is a municipality located in Kendall County,Illinois; and WHEREAS,the City Council may, from time to time,have divergent views and perspectives on issues coming before the Corporate Authorities due to political, philosophical and policy making differences from that of the City Mayor;and WHEREAS,the City currently employs a City Attorney and the functions of that attorney principally relate to services for the executive branch of government; and WHEREAS,the Alderman,City Clerk and City Treasurer may, from time to time, choose not to seek legal counsel from the City Attorney,who was appointed by the Mayor;and WHEREAS,the Alderman,City Clerk and City Treasurer from time to time, in the exercise of their legislative duties,may wish to seek independent legal counsel; NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,as follows: SECTION 1: It is in the best interests of the United City of Yorkville for the City Council to retain legislative counsel independently to advise the Aldermen,City Clerk,and City Treasurer on matters relating to their legislative duties which may include,but are not limited to,the drafting of ordinances,contract documents,opinions on the powers of the legislative branch, analysis of the validity of actions taken by the City,review of litigation issues and providing other advise on matters within the purview of the legislative branch of municipal government. SECTION 2: The Alderman,City Clerk or City Treasurer shall each be authorized to direct questions related to their legislative duties to the independent legislative counsel upon prior approval by the majority of the City Council.Furthermore. the legal opinion shall be communicated to the City Council.Aldermen may seek legal counsel regarding any matters within the range of items set forth in Section 1. The independent legislative counsel will indicate on their invoices the Alderman who initiated the contact with them and will also provide a general description of the services provided. SECTION 3: The independent legislative counsel shall be retained as an independent contractor at a rate authorized by the City Council. SECTION 4: No department or office of independent legislative counsel is hereby created. SECTION 5: The law firm of ANGEL,GLINK,DIAMOND,BUSH, DICIANNI&POLEK,P.C., of Chicago,Illinois,is hereby retained as an independent contractor to serve at the pleasure of the City Council as independent legislative counsel to the Alderman at a rate of$150.00 per hour for partners, senior associates and of counsel attorneys,$125.00 per hour for associates and$70.00 per hour for paralegal services,plus expenses incurred. SECTION 6: If any section,paragraph,clause or provision of this Ordinance shall be held invalid,the invalidity thereof shall not affect any of the other provisions of this Ordinance. SECTION 7: All other ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8: This Ordinance shall be in full force and effect from after its passage,approval and publication as provided by law. 2 Lbel STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF BLACKBERRY WOODS WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement and Planned Unit Development Agreement(for the development commonly known as Blackberry Woods)pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation 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 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURR PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Blackberry Woods) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 E6C44 Ic .• STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Blackberry Woods) WHEREAS,Youth Camp Association of District 12 & 13 Polish National Alliance of the United States of America is the legal owners of record of property described on Exhibit"A" attached hereto and incorporated herein (the Property), and WHEREAS, McCue Builders, Inc. an Illinois corporation, developer of the Property has made application by petition for the rezoning of the Property and approval of a Special Use for a Planned Unit Development, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as R-2 One Family Residence District for part of the property and R-4 Multi Family Residential District as for a part of the property, said areas of R-2 and R-4 being set out and described on the Attached Exhibit"B"which is the preliminary plat for the property. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as R-2 One Family Residence District and R-4 General Residence District as described in attached Exhibit"B". 2. A Special Use for Planned Unit Development is hereby approved for the Property in accordance with the Annexation Agreement and Planned Unit Development Agreement previously entered into between the City and Developers. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of ,A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 P W =tt 1 f° caro United City of Yorkville Memo '" 800 Game Farm Road En% -11_ 1811 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 $ �i ° p Fax:p 630-553-7575 to" 14mdal z 44.E ``S.' Date: July 12, 2005 To: Mayor&City Council From: Ton ' --.-'----"›- CC: Attorney John Wyeth Subject: Crack Filling Bid Award Engineering Wywrot verified the responsible low bidder is recognized as a qualified MFT contractor. This verification was confirmed by District 3 IDOT(see attached e-mail from J. Wywrot). The recommendation by Engineer Joe Wywrot is to award the bid to SKC as the responsible low bidder. Original Message From: Joe Wywrot[mailto:jwywrot@yorkville.il.us] Sent: Thursday,July 07, 2005 4:09 PM To: John Wyeth (E-mail) Cc: Tgraff(E-mail) Subject: MFT Crack Filling Contract John, I spoke with Jim Threadgill today, who is the head of IDOT District 3 Bureau of Local Roads. I recounted to him my conversations with you and Mike Copp earlier today, and he agreed that the IDOT letter extending the expiration date of the contractor's Certificate of Eligibility means that SKC can bid on MFT work. Jim also mentioned that there was new legislation regarding apprenticeship and training programs, and that MFT contractors must have training programs in place to be considered a responsible bidder. IDOT memorandum 2005-03 adopted these requirements, but it does not take effect until July 15, 2005. He said that regardless of how you look at it(IDOT approval of plans or Yorkville award of a contract)we're OK because both the plan approval and the award of the contract will have occurred prior to July 15, 2005. I will put a copy of the IDOT memorandum regarding apprenticeship and training programs in your in-box. Joe PWR ,co C!?41/ 0 United City of Yorkville Memo I` 800 Game Farm Road En 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 141211,2 Fax: 630-553-7575 414 Date: July 12, 2005 To: Mayor& City Council Me ers From: Tonyrgf?�- CC: Atty. Wyeth Subject: Blackberry Creek Grant with USGS & Kane County I received confirmation from Kane County of their approval and acceptance of the grant award for this joint project and the eligibility for reimbursement for the Sidwell contract(See attached copy of the e-mail correspondence). I am recommending approving the Sidwell Contract based on receiving this information as requested. Page 1 of 3 Tony Graff From: Harbaugh, Tim [harbaughtim@co.kane.il.us] Sent: Thursday, July 07, 2005 12:32 PM To: tgraff@yorkville.il.us Cc: jwyeth@yorkville.il.us; Jeff Freeman; Kosky, Karen Subject: RE: Blackberry Creek Restudy Original Message From: Tony Graff[mailto:tgraff@yorkville.il.us] Sent: Wednesday, July 06, 2005 4:50 PM To: Harbaugh, Tim Cc:jwyeth@yorkville.il.us; 'Jeff Freeman'; Kosky, Karen Subject: RE: Blackberry Creek Restudy Tim: The City Council is prepared to approve the Sidwell Contract and USGS Agreement at the City Council Meeting on 7/12105. One condition is still pending which is the IGA agreement which the City Attorney is drafting. One question by the Council did the Kane County Board approve and authorize acceptance of the Grant Award based on the IGA approval with Yorkville? Can you let me know because this is a condition on approval of the Sidwell Expenditure? Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville. IL 60560 610-553-8529 Original Message From: Harbaugh, Tim [mailto:harbaughtim@co.kane.il.us] Sent: Friday, June 10, 2005 10:34 AM To: Jeff Freeman; Kosky, Karen Cc: tgraff@yorkville.il.us; jwyeth@yorkville.il.us; Anne Marie Gaura ; PeterWallers; TraciPleckham ; Steve Andersson ; Mike Pubentz ; Tim Straub ; Jeff Wilkins Subject: RE: Blackberry Creek Restudy ., .-.......................,4..i ............,....� iii•n a....,., v...i,,,. ,. 7/12/2005 1/1 41- - P 3 riCSmithvil/Structural EngineeringEngineers Con andSurveyors sultants, Inc. i PROPOSAL/AGREEMENT TRAFFIC ANALYSIS Mr. Tony Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone: (630) 553-8545 Fax: (630) 553-7575 CITY OF YORKVILLE TRAVEL DEMAND FORECAST SEC Job No.: YORK-050610-9 July 8, 2005 Revised July 12, 2005 Prepared by: Andrew Svihra, P.E. Principal Reviewed by: Jason J. Poppen Executive Vice President 759 John Street,Yorkville,IL 60560 www smithengineering.com Telephone 630.553.7560 Fax 630.553.7646 Mr.Tony Graff United City of Yorkville City of Yorkville Travel Demand Forecast SEC Job No.:YORK-050610-9 July 8,2005 Revised July 12,2005 Page 2 Scope of Work Approach As part of the Illinois Department of Transportation's (DOT)Prairie Parkway Phase I Preliminary Engineering Study, traffic forecasts and analyses were prepared using an expanded and detailed version of the Chicago Area Transportation Study(CATS)regional travel demand forecasting model. This travel model will be used to conduct an analysis of future transportation needs for Yorkville. Our approach to this analysis is described below. 1. Review Population and Employment Forecasts Population and employment forecasts are the primary input to the traffic model. Both 2000 and 2030 population and employment forecasts by transportation analysis zone have been prepared as part of the Prairie Parkway Study. The population and employment forecasts for the Yorkville area for both 2000 and 2030 by transportation analysis zone will be provided. Upon review of these forecasts by Yorkville, any revisions to the population and employment forecasts will be made at the transportation analysis zone level. These revisions will be incorporated into the population and employment forecasts. A post-2030 build out scenario for population and employment by transportation analysis zone will also be developed. The post-2030 build out population and employment forecasts for the Yorkville area will be incorporated into a representative post-2030 population and employment for use in the travel model. 2. Perform 2000, 2030 and Post-2030 Base Roadway Network Travel Simulations The team will prepare 2000, 2030, and post-2030 travel simulations using agreed upon base roadway networks to determine transportation deficiencies and needs. The base roadway network assumptions for the Yorkville area for use in the 2030 and post-2030 travel simulations will be provided by Yorkville. These improvements will be coded into the roadway network and perform travel simulations for 2000, 2030, and post-2030. The resulting travel forecasts will be used to identify 2030 and post-2030 roadway network deficiencies and needs using measures such as traffic volumes and volume-capacity ratios. Appropriate graphics will be developed to illustrate these future roadway deficiencies and needs. Mr.Tony Graff United City of Yorkville City of Yorkville Travel Demand Forecast SEC Job No.:YORK-050610-9 July 8,2005 Revised July 12,2005 Page 3 3. Test Roadway Improvement Scenarios Two (2)roadway improvement scenarios will be tested for the 2030 and post-2030 time frames. Yorkville will provide the proposed roadway improvements (limits of improvement, number of through lanes, speed limit, etc.). Up to four alternative roadway networks will be coded and two travel simulations each for 2030 and post-2030 timeframes will be performed. The results of the travel simulations will be summarized including traffic volumes and volume-capacity ratios. This information will also be summarized in appropriate graphics to illustrate the affects of the alternative roadway improvement scenarios. 4. Technical and Public Meetings • Attendance at eight(8)meetings with City staff to receive input regarding proposed road improvements and developments and to discuss the results of the traffic modeling. • Attendance at two (2)board meetings to present and discuss traffic modeling findings. • Attendance at an additional meeting to be determined by the City. • Attendance at a meeting with the staff of the CATS to present approach and results for the Yorkville transportation analysis. Team will prepare descriptions of the models and methods used in the study, as well as, summarized results of the model runs. This will be a technical staff level meeting to apprise CATS of Yorkville's transportation planning effort, obtain feedback on the methods used and results obtained, and ascertain whether the information produced can be useful to CATS' update of the 2030 regional transportation plan. • Attendance at a public meeting to present the transportation study results. Team will staff this meeting to answer questions about the various planning tests and general interpretation of the results produced, produce presentation graphics of the results from the model runs that highlight the study findings, and prepare a PowerPoint presentation that overviews the Yorkville Transportation Analysis as an introduction to the public meeting. 5. Schedule A six-month schedule is proposed from Notice to Proceed. This schedule is contingent upon timely receipt of travel model input assumptions and meeting with CATS. 6. Not Included Analysis of traffic for years other than those listed is not included but can be performed as an addition to the contract. Mr. Tony Graff United City of Yorkville City of Yorkville Travel Demand Forecast SEC Job No.:YORK-050610-9 July 8,2005 Revised July 12,2005 Page 4 Fee Summary Based upon our understanding of the project as detailed in this Contract, the following is a summary of fees associated with the project. This Contract will be completed as a Lump Sum Contract. The individual fees are estimates, while the total is the overall Lump Sum Contract Fee in the amount of$71,000.00. ITEM LABOR DIRECT SUB CONSULTANT SUBTOTAL COST COST MODELING Traffic Analysis $3,500.00 $1,000.00 $54,000.00* $58,500.00 Meetings $11,500.00 $1,000.00 $12,500.00 TOTAL $71,000.00 * Includes meeting attendance Mr. Tony Graff United City of Yorkville City of Yorkville Travel Demand Forecas SEC Job No.:YORK-050610-9 July 8,2005 Revised July 12,2005 Page 5 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. Attorneys'Fees In the event of any litigation arising from or related to the services provided under this AGREEMENT,the prevailing party will be entitled to recovery of all reasonable costs incurred,including staff time,court costs,attorneys'fees and other related expenses. Certificate of Merit The CLIENT shall make no claim for professional negligence,either directly or in a third party claim,against SEC unless the CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a)contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances;and c)state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty(30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. Standard of Care Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by SEC,shall be at the CLIENTS sole risk,and CLIENT shall indemnify and hold harmless SEC from all claims,damages and expenses including attorney's fees arising out of or resulting therefrom. Ownership of Instruments of Service All reports,plans,specifications,field data,field notes,laboratory test data,calculations,estimates and other documents including all documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these records for a period of five(5)years following completion/submission of the records,during which period they will be made available to the CLIENT at all reasonable times. Design Information in Electronic Form Because CADD information stored in electronic form can be modified by other parties,intentionally or otherwise,without notice or indication of said modifications,SEC reserves the right to remove all indicia of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC in CADD form only for information and use by the CLIENT for the specific purpose for which SEC was engaged. Said materials shall not be used by the CLIENT,or transferred to any other party,for use in other projects,additions to the current project,or any other purpose for which the material was not strictly intended by SEC without SEC'S express written permission. Any use or reuse of original or altered CADD design materials by the CLIENT,agents of the CLIENT,or other parties without the review and written approval of SEC shall be at the sole risk of the CLIENT. Furthermore,the CLIENT agrees to defend,indemnify, and hold SEC harmless from all claims,injuries,damages,losses,expenses,and attorneys fees arising out of the modification or reuse Mr. Tony Graff United City of Yorkville City of Yorkville Travel Demand Forecast SEC Job No.:YORK-050610-9 July 8,2005 Revised July 12,2005 Page 6 of these materials. The CLIENT recognizes that designs,plans,and data stored on electronic media including,but not limited to computer disk and magnetic tape,may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT,therefore,agrees that SEC shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time SEC shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days,at the request of the CLIENT,SEC shall submit a final set of sealed drawings,and any additional services to be performed by SEC relative to the submitted electronic materials shall be subject to separate AGREEMENT. Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project,the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably,it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees,to the fullest extent permitted by law,to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims,losses,costs,damages of any nature whatsoever or claims expenses from any cause or causes,including attorneys'fees and costs and expert witness fees and costs,so that the total aggregate liability of SEC and its subconsultants to all those named shall not exceed SEC'S total fee for services rendered on this project,whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. Hazardous Materials It is acknowledged by both parties that SEC'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event SEC or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of SEC'S services,SEC may,at its option and without liability for consequential or any other damages,suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s)or contractor(s)to identify,abate and/or remove the asbestos or hazardous or toxic materials,and warrant that the job site is in full compliance with applicable laws and regulations. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Payment 1. All work will be invoiced on a monthly basis. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Time Limit This AGREEMENT must be executed within thirty(30)days of the composition date to be accepted under the terms set forth herein. This contract shall expire one year from date of execution. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance,please sign both copies,retain one copy for your files and return one to our office. Mr.Tony Graff United City of Yorkville City of Yorkville Travel Demand Forecast SEC Job No.:YORK-050610-9 July 8, 2005 Revised July 12,2005 Page 7 If you have any questions or comments,please feel free to contact our office. We sincerely appreciate this opportunity to offer our services. Sincerely, SMITH ENGINEERING CONSULTANTS, INC. Andrew Svihra, P.E. /77---11 Principal • f AS/jmk )7, /^ Approved by: ;' ti :Jason J. Poppen• / Title: Execut>ve V>ce President Date: '�/z /E3-- Accepted by: Title: Date: Client: Y:Uobs\Smith\2005\050610 Yorkville Travel Demand Forecast\administration\contract\Yorkville Traffic Proposal revised 071205.doc