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. AT NORTHWEST IRON PIPE __� — 303�Z SSE 674.94'
CORNER OF FOX HILL I; -- ---------- SB332'3B�£ J74•g�"�f - 10'RIGHT-OF-WAY �"'' .i
UNIT 6 144 I 25.00' --- 1i_ - HEREBY DEDICATED SET CONCRETE j
b7_ f — NOs t 1'za'EL _ �—MONUMENT
OI O I FOUND h�! r — ------------------------
E
2 I IRON PIPE m I
I _ - J
I — , I I ,,m FOUND
e r x--10'P.U. &D.E. ---L I I 1 IRON PIPE
L 10'P.U.—�{ 0.88'EAST FO FIND �'�+��
FOUND i I - - —_ &D.E. }d1 0.38'SOUTH 332.88IRON PEAST 1 /\
IRON PIPE I I - _�_ - �I ON LINE
1\1 I 10'P,U &D,E ��
10'P.U. &D.E. _w6 I A /1 ,
I ygb3/-------5E52'J8E__7_19.02'__)-- I /1 �1 f
I I I I I a 1;r/.,h/------_.14265'-- 7> I
r20'
S L. i i I ID'P.-ul- ,1- i' L I; Cr (c1
(�0 7_ I I I I 20' I I &D.E. ti*. LC
cvrw II I
ti
T
B.S.L.B.S,L.
\,l.1 I I i� I I 1&D.E.'I �--
I 20'
I B.S.L.
D.a � LOT 2 I N I I i
I -)CD 3.44 ACRES + Po I I I
� V N1 I01
��'t 1 \ II- of I I m
0 0 1 I to '^"► i 7_ LOT 1
\ 2 \\ iy I i 2.82 ACRES N
FOUND ` II In o
IRON PIPE I .
\'‘ \ I I
;‘41,
e7_ 2
\ Ii1 �IC11 N \ II °F311111
I1 I
n �� \ 5D, '\ I I I I
I 1 I I 12' L
-..-' I BSL P.U.
\� '''� \ I I I I &D.E.
n�p• O ` D � -C-1: %
I I
6 C OQ Q N N \\ 30.00'INGRESS AND / - ;835238_E I I
I I N89'46be'W
2 A (6'_-'6
EGRESS EASEMENT 10'S.M.E. I :9,a6'
�� 59 G1 6 o ` rr m+7,;. 4
�` ` + / / S ? h I 586.47 2rE I I ———
�1�' � 6 FOUND 1 \ _-- 3 I 4s sY
`n 0°
IRON PIPE we
A ur11If -J 6Sse' I 1 10.00'
0\\.,\,' 1`7_, O HERE TED PER u\\ � /tPD� p I ---
1�''i i =94.25 P.U. &D.E.
(� D T u �._.as,T� ' I I I P.U. 01 10 to
1:::
ai
O J� �O�✓_�C DOCU 06594 '7;•,,,,7\ /::t'dr i 30000 -I$ _ t f0'
t'jV Via'; °°-` i L-- Cn.. —7j
I I &D.E. 20' :I
2p00- e• r.,+. 66 ,17
A' / kG T6 r A. 1 ii*,++g"b.',341,a irs.w' 'r°'tr" B.SL 1
R, 00 00� 00' a� f P.U. DE �� ,s P ��3Q y9 if — ?, � �- --raxrr---_ - J �lll
8 w i�' '�'r,` r E 10 SB332' 340.15'
Q •, o w 3• f Lr __IL
58332 38' X 00• 36'f s69�2'a"E 92s+' (:)1,,
ml m S. 30D 474' / z• 1 r-- N8332'38'W 235,15' N in
O O sl
131,0":17,0.74
C�120 / 3"<< I 20'B.S.L. I - N
0 0 oL 7'SALE
" 10'P.U. &D.E.
1 O0 O�
o)O ...A.1)„,-,- 00'LEE, L.-10'P.U. &D.E. Z O
h 10 .` r`vT ,�E -v I 10'P.U. &D.E. II ii
LpN
I lr
O O w x� 1�.>r d o O'P.U. I I I I 9
�d'E2r z}�, .F. / &D.E.. I I �DI,11D 200
��- '��• 3212' � )'LE.E. I V
0, „it N8690'43"E _ I 1. I I
� 30.00'L E.E. 02
(O N gill SEE I I
5
O'� h tri
120)' �I I I P
p,p, !EASEMENT I
V N N DETAIL ''rl I
1
Cs)(3 `1 I I
I Cc OC y
yi LOT 4 Ih-f0'P.U. D.E. W 1.69 ACRES +
I 13
LOT 3 s N
I ��' 1.52 ACRES + tn
o t o I LOT 5 ro
7 I i I,, , I I +
I I. I 2.18 ACRES w
FOUND I 5O, if In N
IRON PIPE
11'4.4,4.
L I�, I A BLANKET STORMWATER MANAGEMENT r
R=N1421'08"E 50.00' I I83.S21. 1 1 j I EASEMENT COVERS LOT 5 0
M=N1525'45" 49,91' 2
NORTH& , O.::
I f0'IP' ;D.E. 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 . BUILD • MAINTAIN
/Sl'GVQ�fL'.0 -
D 'G 1410 Mills Road • Joliet, Illinois 60433 • phone 815-774-0350 • fax 0352
bx
Project. 'R1G ....j7 ...,!!-SAM 4 elo vk Ki 0 $ VIUc Date: 7 /0,5
Ua tia Cn- c ' ogemu 6.AMIr i u At YoeKv, c-
S L- i E ,eco
'b01110 1 ESCCAVAA1
1),6,4-0 Ato ExcAvinio 1 Ae-DuNA Pi-kk 5El
(2.) QAys d1 1"10,4V-- fl-AVE- AL-OA41 (U4 coM,9i-CMn
ID be o COii4cfU "fir-ntv4S ANVQ ExcAVATC" UAlnfP__
DE A Q c A S . t r i s es-n ok A1c- --pk,A I 10
1-G moo-f- INA\-I S cit Inrotetr 7t) Coro p l r - ) J:rs'\o
-Foe- t\lty 14&s . ogvt Lt.. (& o-rr ) AG WJ
..TO 1)15eQE€- oe Cu NC - cwt 'fin 1444 Ab ALSO
1Nd6 OF S A .. �c 4 aGs t(ASE- BCI Ni
4AL &'/Aito ,4N48 INN() IS graiigEt 41 77r) • °---
-lo 6E- fteraniah 4._, p-',1 .kli lii 4— —
I ssu€ro 61 % I kes,.,7-- 2/ '/4-
o
Aecepitl 1 : , —
www.georgeslandscaping.com
W o,'6uidenpuelsa6Joa6'MMM
a-U2rP/PV_ 419 P7 MY
viva c49 7 vv'9 11'M PATIAgril vfiffra►a s o' PAW
r�9 ..�g IIM SW 12- �owo, iof s-. +iso/ 92A0 ��
•3'!7 /1 ( Ar 0.,;tx0(675 _Hca- rawer
5-fro fy.�ze ' ?`3' fralextf Wow, az amp, - wilY d,V,V
5?iNeL rad _,.3iw ' A'L / I' dT QI
.s3,w414o H sazzcs"d GNo?", 5-o: N/ 5 ' vUQO)
7D9 / 'ON/ a►p 7' -n)2 ' ?/M 5r/►,/j ost a cId9
.rive ra j , d'rd ov,s7mory oA* aiz9119 99
-wh'1 . trod awno-eXpry® (inn" V4ouerOf 77/M Ntila► y`3
0-4/000 " 7d / p� ��� _,i oy� 5,,V aY ciPn/5—9,24tac/
L.Lawad
)9ekev) mNWJ gridirkm IM , '2 /1dd119
j/G1wdi'IV
/,, roes) al, sio'i x aa/ 9goin 7 a'12/f rl 0V -lit/
/70,647.5-S' �gM /7v 67011 fraicky aL --z'oveld a 1 n19?
--9R ??fin? 1n,..2f/145- M' #o di ' v/'� 311Nsnc32 x3 ,'510 fy
•kiligra,
.2t9 51321P' Ise-Waj CL9C/Ipp',. 9 "MA( //S.914t n/Mt „ °l x V
ddt , 'a Wad Off' a 90 d nogr 5/ 3-1441.
orI,on'a PIS p'Yd SDS r_LsOd/ 9 CO 9t7AP// mid-0y Ot'9 /O'
. a►.an►o� ii i9 �� 77 5N/ Q4 -710ol w woad a is'»off+ .ten KIS c
3??/, VOX (n)V 14/0 .IuuP9 028 3 flIA t % 1O kLI n
.97/94- :aWa 3'111 ,1 Y T4roal l0la i :Poraid
-310
ZSEO XeJ • OSEO-PLL-SLB auoyd • fEyQ9 slou!I11 10!lof • peo21 Imentam
1398039 -
NIVINIVIN • aline • NJIS30 s\
•
£0 'd Z5£0+6LL+St8+i '0N Xdd I Z 1,1d £i:t0 QOM 50-90-1(lf
JUL-06-05 WED 01:14 PM G L I
FAX NO. 1+81b+ (4+11352 F. U4
•
DESIGN - BUILD . MAINTAIN
LAANCA ''S 1410 Mills Road • Joliet, Illinois 60433 • phone 815-774-0350 • fax 0352
project: . 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