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Home My WebLink AboutCommittee of the Whole Packet 2004 02-03-04 ��Tr 'n United City of Yorkville County Seat of Kendall County EST. �Z ��1838 800 Game Farm Road .4 __ Cl) Yorkville, Illinois 60560 Co III 11 0 Phone:630-553-4350 L E M `� Fax:630-553-7575 ��4 NN>' AGENDA COMMITTEE OF THE WHOLE Tuesday, February 3, 2004 7:00 PM City Conference Room Public Hearing: None Presentation: None Note: "CA " denotes a recommendation by the respective Committee for that item to go on the Consent Agenda of the City Council Agenda. Mayor: 1. Eldamain Road Jurisdictional Transfer - COW 12/16/03 2. Kane County Paratransit Coordinating Council 3. Coffee with the Mayor at Forget Me Not Flowers from 9:00 - 11:00 a.m. 4. Joint Meeting with School District 115 — 3/1/04 and 3/29/04 5. Mayor and Department Heads Report 6. 2003 - 2004 Revised Budget - COW 1/6/04 and 1/20/04 City Treasurer: 1. Treasurer's Reports for May, June, July, August and September 2003 Economic Development Committee: 1. Yorkville Hill Landscaping PUD Agreement - COW 1/6/04 and 1/20/04 2. Westbury Annexation Agreement - COW 1/20/04 3. Runge Property - Annexation & Zoning - Plan Council 1/22/04 Park Board: 1. Youth Baseball Agreement 2004 Public Works Committee: 1. Fox Mill Landing - Final Acceptance 2. Water Conservation Ordinance 3. Engineering Department - Additional Personnel - PW 1/26/04 4. Water Report for November 2003 - PW 1/26/04 Page 2 Committee of the Whole February 3, 2004 Public Works Committee (con't): 5. Route 34 and Game Farm Road Traffic Signal - Change Order #4 - PW 1/26/04 6. York Meadows - Plat of Easement - PW 1/26/04 7. 101 E. Somonauk - Sidewalk Agreement - PW 1/26/04 8. Rob Roy Creek Flood Study - Supplemental Agreement - PW 1/26/04 9. Mill and Van Emmon Water Main Improvement - PW 1/26/04 Public Safety Committee: 1. Police Reports for December 2003 - PS 1/22/04 Administration Committee: 1. Detail Board Report (Bill List) 2. Updated Vehicle Policy - Admin 1/8/04 and COW 1/20/04 3. Employee Manual Additional Business: 01/30/2004 10 42 FAX 630 553 5764 6ANIEL J KRAMER [x] 002/005 United City of Yorkville e ." "=� Counly Seat of Kendall County ,_s., `• 800 Game Farm Road T�` Cl Yorkville,Illinois 60560 ..., 0 Phone-630-553-4350 ?ill 9 ,�,.„ �� Fa*:630-553.7575 November 14, 2003 Mayor Arthur Prohaska City Administrator Tony Graff United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 RE: Eldamain Road Jurisdiction - - ..Dear Art& Tony: I have reviewed the Municipal Ordinance and Intergovernmental Agreement between the County of Kendall and the United City of Yorkville in regard to the jurisdictional transfer of Eldamain Road, I have no problem with the baseline agreement, however we may want to be more specific on the Eldamain Road cuts as far as Unit or Pod 7 of Fox Hill Subdivision. I would include language specifically stating whether there are turn lanes and the like as well whether there are any additional right-in/right-out cuts on to Eldamain Road, It is important that we establish those conditions now, Second I would suggest that we discuss funding in the sense that is it going to be totally funded by the County of Kendall and State and Federal Grants or will they be looking for any contribution from the United City of Yorkville. As you may recall we had some funding commitments if local contributions are required in the Boundary Line Agreement with the City of Plano some years ago. Those are the major points I can think of at this time, Let me know if you have a list of any other items that you or our staff feel are necessary to include in the agreements and we will clean up both the Agreement and the Ordinance which needs a bit of work before forwarding to the County. Should you have any comments or questions please feel free to contact me. 01/30/2004 10 42 FAX 630 553 5764 DANIEL J KRAMER Z 003/005 : ij. 0er 7.2ir , Attorney at Law DJK/cth 01/30/2004 10 42 FAX 630 553 5764 DANIEL J. KRAMER 1-4004/005 INTERGOVERNMENTAL AGREKMENT Between KENDALL COUNTY AND CITY OF YORKVILLE WHEREAS, City of Yorkville, hereafter referred to as "City",has entered into an agreement with Kendall County, hereafter referred to as"County", to transfer jurisdiction of Eldarnain Road to the County beginning at the south corporate limits of Yorkville, a point approximately 1100' south ofU,S. Route 34 and extending northerly to U.S. Route 34, and; WRER .AS.the City desires to ensure that Eldamain Road will continue to attract new commercial and industrial users and provide said users adequate access and other transportation- related efficiencies,and; THEREFORE,KENDALL COUNTY ANTI CTTy OF Yojucv1LLE MUTUALLY AGE E, that said parties will adhere to the following recitals in administration of the construction, maintenance and permitting activities on that section of Bldarnain Road identified above, and including new sections of Eldamain Road that will become incorporated into Yorkville in the future; 1, The County shall "grandfather" all existing non-agricultural entrances and allow them to remain in perpetuity. 2. The County shall allow one full-access to the east side of Eldarnain Road for the Fox Hill—Unit 7 Subdivision. 3. The County shall allow one additional full-access to the east side of Eldamain Road between U.S Route 34 and die Fox-Hill —Unit 7 Subdivision fug Chet cimmercial- - zoned property at this location, provided said entrance conforms in all other ways to the Kendall County Highway Access Ordinance. 4. The County, in its administration of the Kendall County Highway Access Regulation Ordinance, will classify Eldamain Road between River Road and Galena Road as an Access 2 Highway, allowing full-acceea points not less than every 1/3 mile, Nothing will prevent the County from seeking a greater access spacing if both parties agree that the greater spacing will still adequately serve industrial or residential developments in the future. 5. The County agrees to maintain Eldamain Road within the Yorkville corporate limits as an 80,000#truck route. 6, In the spirit of intergovernmental cooperation, the County will work with the City of Yorkville to foster economic development along the Eldamain Road Corridor, insofar as administration of roadway issues can achieve this end. SUPPLEMENT 11-4 01,'30;2004 10 43 FAX 030 553 5784 DANIEL J. KRAMER 005/005 7. The City will require new development to reserve and dedicate to the County not less than 75' of right-of-way for Eldamaain Road; measured from the centerline of road to the right-of-way line, and providing a total right-of-way width of 150'. 8. Considering the mutual benefits derived from an efficient transportation facility, the City, in negotiating any new annexation agreements,will pursue funding from the developers for improvements to Eldarrinin Road. These funds will be made available to the County to improve the road so that it will be functional in both capacity and structure. FOR THE CourrrY FOR THE CITY NAMI John Church NAME Arthur Prochaska • TITLE County Board Chairman TITLE .Mayor SIGNATURE SIGNATURE Subscribed and sworn to before'Inc this day of ,2003 Notary Public UNITED CITY OF YORKVILLE Clerk's Office FROM THE DESK OF LISA PICKERING February 3, 2004 To: Mayor and City Council Department Heads Re: Additional information for Committee of the Whole packet —February 3, 2004 Attached please find additional information on the Mayor's Report, Item#1 —Eldamain Road Jurisdictional Transfer. Please add this information to your Committee of the Whole packet. Sincerely, Lisa Pickering Office Assistant 02/03/2004 10: 56 FAX 630 553 5764 DANIEL J. KRAMER 0002/005 State of Illinois ) County of Kendall ) INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF JURSDICTION OF ELDAMAIN ROAD SOUTH OF ROUTE 34 BETWEEN THE COUNTY OF KENDALL AND THE UNTIED CITY OF Y'ORKVILLE 02/03/2004 10: 56 FAX 630 553 5764 DANIEL J. KRAMER 0 003/005 State of Illinois ) County of Kendall ) INTERGOVERNMENTAL AGREEMENT FOR TRANSFER OF JURSDICTION OF ELDAMAIN ROAD SOUTH OF ROUTE 34 BETWEEN THE COUNTY OF KENDALL AND THE UNTIED CITY OF YORKVILLE WHEREAS, THE UNITED CITY OF YORKIVLLE,hereinafter referred to as `QTY,has entered into an agreement with KENDALL COUNTY, hereinafter referred to as"COUNTY',to transfer jurisdiction of ELDAMAIN ROAD to the COUNTY beginning at the south corporate limits of Yorkville, a point approximately 17017 south of Route 34 and extending put the intersection of ELDAMAIN ROAD and Route 34; and WHEREAS, the CITY desires to ensure that ELDAMAIN ROAD will continue to attract new residential, commercial, and industrial users and provide said users adequate access and other transportation-related efficiencies; and THEREFORE, KENDALL COUNTY AND THE UNITED CITY OF YORKVILLE MUTUALLY AGREE, that said parties will adhere to the following recitals in administration of the construction,maintenance and permitting activities on that section of ELDAMAIN ROAD identified above, and including new sections of ELDAMAIN ROAD that will become incorporated into the CITY: 1. The COUNTY shall"grandfathef'all existing non-agricultural entrances and allow them to remain in perpetuity. 2. The COUNTY shall allow one full-access to the east side of ELDAMAIN ROAD for the Fox Hill—Unit 7 Subdivision. 3. The COUNTY shall allow one additional full-access to the east side of ELDAMAIN ROAD between U.S. Route 34 and the Fox Hill—Unit 7 Subdivision for the commercial-zoned property at this location, provided said entrance conforms in all other ways to the Kendall County Highway Access Ordinance. In the event, that the proposed full commercial entrance to Unit 7 of Fox Hill Subdivision does not meet COUNTY distance requirements for a full intersection in relation to Route 34, the COUNTY will in any event grant a highway access permit on the east side of ELDAMAIN ROAD for a full access drive serving the commercial area so long as it lines up with the proposed full access which is being designed and planned by the City of Plano to be located at the Southerly edge of the commercial portion of the Inland real estate development at the southwest corner of ELDAMIAN ROAD and Route 34 and the northerly boundary of the Lakewood Residential Development immediately south and contiguous of the Inland Commercial 1 02/03/2004 10 56 FAX 630 553 5764 DANIEL J. KRAMER U1004/005 Development; it being intent of all parties that a full major intersection be constructed on both sides of ELDAMAIN ROAD at that location. 4. The COUNTY, in its administration of the Kendall County Highway Access Regulation Ordinance,will classify ELDAMAIN ROAD between River Road and Galena Road as an Access 2 Highway, allowing full-access points not less than every 1/3 mile. Nothing will prevent the COUTNY from seeking a greater access spacing if both parties agree that the greater spacing will still adequately serve industrial or residential developments in the future. 5. The County agrees to maintain ELDAMIAN ROAD within the CITY Corporate Limits as an 80,000pound truck route. 6. In the spirit of intergovernmental cooperation, the COUNTY will work with the CITY to foster economic development along the ELDAMAIN ROAD CORRIDOR, insofar as administration of roadway issuers can achieve this end. 7. The CITY will require new development to reserve and dedicate to the COUNTY not less than 75'of right-of-way for ELDAMAIN ROAD; measured from the centerline of road to the right-of--way line, and providing a total right-of-way width of 150. 8. Considering the mutual benefits derived from an efficient transportation facility, the City, in negotiating any new annexation agreements, will pursue funding from the developers for improvements to ELDAMAIN ROAD. These funds will be made available to the COUNTY to improve the road so that it will be functional in both capacity and structure. KENDALL COUNTY: THE UNITED CITY OF YORKVLLE: BY: BY: John Church Arthur P. Prochaska, Jr. TITLE: County Board Chairman TITLE: Mayor Subscribed and sworn to before me, Subscribed and sworn to before me, , 2004. , 2004. Notary Public Notary Public 2 02/03/2004 10 56 FAX 630 553 5764 DANIEL J. KRAMER 0 005/005 Prepared By and Return to: County of Kendall 3 01/0572004 10 44 FAX 630 553 5764 DANIEL J. KRAMER 0 001/009 United City of Yorkville Est I -tip 1836 County Seat of Kendall County % 800 Game Farm Road j `, U) Yorkville, IIIInoi6 60560 O '01*,;;; 5 Phone;630-553.4350 te 9 •= Fax'630-553-7575 v January 5, 2004 Mayor Prochaska United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 RE: Kane County Paratransit Coordinating Council Dear Mayor Prochaska: Please be advised that I have reviewed the Memorandum of Understanding for the Kane County Paratransit Coordinating Council. Should the United City of Yorkville execute the above referenced document it would not incur any financial responsibilities as a result of said execution. Essentially, the execution of the Memorandum of Understanding expresses the intent to become involved in the establishment of this Council in Kane County. At this time I would recommend that someone at the City contact a Kendall County Official, if this has not already been done, so that they may be informed of the project. Ultimately if the program becomes countywide, Kendall County would oversee the project and coordinate inter-county pickup points with Kane and DuPage Counties. Should you have any questions please feel free to contact my office. Very truly yours, !tie-, j)------- Daniel J. Kramer Attorney at Law Memorandum of Understanding Kane County Paratransit Coordinating Council WHEREAS, there are approximately 40 different paratransit programs currently providing service within Kane County, where "paratransit" is defined as demand-responsive, door-to-door(or curb-to-curb) transportation services, and where paratransit rider eligibility,limited to persons with disabilities and seniors for some programs, is determined by the funding sources; WHEREAS, there is still a significant unmet travel need among seniors and persons with disabilities, an unmet need that will also increase substantially during the next 20 years; and WHEREAS, there is interest in coordination of these programs, and these coordination efforts to accommodate this unmet service need; intends to become a member of the (Organization) Kane County Paratransit Coordinating Council (the Council). This Memorandum of Understanding documents this intent, but does not signify a commitment of funding at this time. As an organizational member, the organization agrees to designate, in writing, an individual to serve as member and an alternate member who shall have the same privileges as members in the member's absence. The mission of the Council will be to help implement and provide guidance to a coordinated paratransit system that will better accommodate the unmet travel needs among senior and disabled residents of Kane County and cities, towns and townships that are partially within Kane County, and to provide paratransit access for these persons to locations throughout Kane County; to locations within these cities, towns and townships; and to transfer points with other similar services serving neighboring counties. Thus, the goal of the Council will be to enhance and improve the existing paratransit system. The on-going functions of the Council will be to help develop policy, establish guidelines for paratransit services, implement the strategies and recommendations of the Kane County Para transit Coordination Study, as adopted by the Kane County Board in February 2003, examine further strategies, and ensure that there is consumer participation in the planning activities. IN WITNESS WHEREOF, indicates its support and intent: Name: (Authorized Signer) Agency: Signature: Title: Date: MOU.doc Kane County Paratransit Coordinating Council By Laws Adopted October 14, 2003 Article I: Name The name of the Council shall be the Kane County Paratransit Coordinating Council,hereafter referred to as the Council. These by-laws shall provide the procedures for conduct of business of the Council. Article II: Purpose Established by its founding members,the Council is organized to help develop, implement,and provide guidance to enhance and improve the existing paratransit system that will: • strive to address the unmet travel needs among seniors and persons with disabilities residing in Kane County and municipalities that are partially within Kane County; • provide paratransit access for these persons to locations throughout Kane County;to locations within these municipalities; and to transfer points with other similar services serving neighboring counties. Article III: Membership of the Council /IN Membership Eligibility Criteria The Council shall be composed of citizen members and organizational members as follows: ♦ Citizen members-Citizen members must be residents of Kane County or municipalities that are partially within Kane County and take an active interest in improving mobility for seniors and persons with disabilities. There shall be at least 2 citizen members on the Council. The maximum number of citizen members on the Council shall equate to no more than 10% of the total organizational members. (For example, 3 citizen members shall sit on the Council if there are between 25 and 34 organizational members). The term of each citizen member shall be one-year. Citizen members may serve multiple terms, but must submit an application at the end of each term. Applications to be a citizen member must be submitted to the Kane County Division of Transportation no later than the Council's regular next-to-last meeting of the year. Appointed by the Chair,the Membership Committee will review the applications and recommend the appropriate number of citizen members,to be voted upon by the council at the Council's regular final meeting of the year. ♦ Organizational members- (1) Any public or private,non-profit organization based in Kane County which currently funds or arranges for transportation for its clients, consumers,or employees; (2) any regional public transportation agency or state/regional agency involved in the provision of public/passenger transportation in Kane County; and(3) any unit of local government that is wholly or partially within Kane County is automatically a member of the Council upon formal adoption of the Council's Memorandum of Understanding by that governmental unit or organization.Each Kane County Paratransit Coordinating Council By-Laws October 14,2003 Page 3 The Chair or Vice-Chair shall have such other powers and perform such other duties as may from time to time be voted by the Council,including the establishment of committees and appointment of committee members as may be necessary or convenient for carrying out the business of the Council. Kane County Division of Transportation Staff will be responsible for disseminating information to Council members, writing Council correspondence,keeping meeting attendance records,and taking minutes of meetings. The staff shall enter in books all officer nominations,citizen membership applications,votes,orders, and proceedings of the Council. The staff shall also be responsible for collection of annual dues(if any)and disbursement of funds for the conduct of Council business. IV 4 Removal of Officers Members,by 2/3 vote of members present,may remove an officer. Officer must first be extended the opportunity to hear member concerns, and a 30-day period to correct any deficiencies before the vote is taken. Article V:Meetings of the Council V.1 Regular Meetings The Council shall meet bi-monthly on the first Tuesday of odd months,January through December, at the call of the Chair, unless the Council votes at a prior meeting not to hold the next regular bi-monthly meeting,or to reschedule. At a regular meeting,the Council may take such actions, pass such resolutions, or conduct such other business as are on the agenda or may otherwise be properly brought before it. V.2 Special Meetings The Chair,or in the event of his/her absence,the Vice-Chair may call a special meeting of the Council as required and shall call a special meeting at the request of one-third (1/3) of the members. Business at special meetings shall be limited to the subjects stated in the call for them. V 3 Information Meetings The Chair may call an informational meeting as may be required for the presentation and dissemination of reports, analyses,or other data, and for the informal discussion thereof by the Council. No formal action by the Council shall be taken at such meetings. Resolutions may be introduced and discussed at such meetings,but formal debate and action on such resolutions may take place only at future regular or special meetings. V.4 Meeting Notice and Agenda; Open Meetings Not less than seven-days advance notice in writing of regular or informational meetings shall be given to all members.Not less than ten days advance notice in writing of special meetings shall be given to all members. Such notices shall contain the time, place,proposed agenda,proposed resolutions on substantive matters, and the substance of any matter proposed to be voted on. All meetings of the Council shall be subject to the Open Meetings Act. Kane County Paratransit Coordinating Council By-Laws October 14,2003 Page 5 Article VIII: Amendments These by-laws may be amended by the affirmative vote of 2/3 of a quorum of the Council present at a duly called regular meeting thereof, if the notice of such meeting has contained a copy of the proposed amendment. Amendments are considered a substantive issue. Article IX: Annual Review The by-laws and MOU Committee shall meet annually to review and recommend revisions of the by-laws and MOU. Article X: Effective Date These by-laws will become effective upon adoption by 2/3 vote of the Council present. 01/05/2004 10:44 FAX 630 553 5764 DANIEL J. KRAMER a 002/009 Memorandum of Understanding Paratransit Coordinating Council (DRAFT 10/14/03) WHEREAS there are approximately 40 different paratransit programs currently providing service within Kane County,where "paratransit"is defined as demand-responsive,door-to-door(or curb-to-curb) transportation services,and where paratransit rider eligibility, limited to persons with disabilities and seniors for some programs,is determined by the funding sources; WHEREAS there is still a significant unmet travel need among seniors and persons with disabilities,an unmet need that will also increase substantially during the next 20 years; and WHEREAS there is interest in coordination of these programs, and these coordination efforts to accommodate this unmet service need; intends to become a member of the (Organization) Kane County Paratransit Coordinating Council(the Council). This Memorandum of Understanding documents this intent,but does not signify a commitment of funding at this time. As an organizational member, the organization agrees to designate,in writing, individuals to serve as members and alternate members who shall have the same privileges as members in the member's absence. The mission of the Council will be to help implement and provide guidance to a coordinated paratransit system that will better accommodate the unmet travel needs among senior and disabled residents of Kane County and cities, towns and townships that are partially within Kane County,and to provide paratransit access for these persons to locations throughout Kane County; to locations within these cities,towns and townships; and to transfer points with other similar services serving neighboring counties. Thus, the goal of the Council will be to help develop and implement a coordinated paratransit system. It is also a goal of the Council that this coordinated paratransit system be consumer friendly and understandable. The on-going functions of the Council will be to help develop policy, establish guidelines for paratransit services, implement the strategies and recommendations of the Paratransit Coordination Study as adopted by the Kane County Board in February 2003,examine further strategies, and ensure that there is consumer participation in the planning and evaluation of this coordinated paratransit system. IN WITNESS WHEREOF',indicates its support and intent: Name: (Authorized Signer) Agency: _ Signature: Title: Date: MOU.doc 01/05/2004 10. 44 FAX 630 553 5764 DANIEL J. KRAMER Z 003/009 Kane County Paratransit Coordinating Council DRAFT By-Laws October 14,2003 Page 2 or partially within Kane County is automatically a member of the Council upon formal adoption of the Council's Memorandum of Understanding by that governmental unit or organization.Each member shall designate one representative to the Council and may designate,in writing,individuals to serve as alternate members who shall have the same privileges as members in the member's absence. Because continuity is important to the business of this Council,each organizational member shall attempt to designate a specific person and alternate for no less than one year coinciding with the Council's operating year(see Article IV.2).Hereafter member shall mean member or alternate member. 111.2 Rights and Responu•ibilities of Membership Each member is afforded one full vote on any decision put to a vote. Each member must participate in some facet of the Council's work program. (See also"Meetings of the Council- Attendance"below_) 111.3 Annual Membership Dues There may be annual membership dues to cover the administrative costs and other business of the Council, the amount to be determined annually. Membership dues for any citizen member may be waived per the vote of the Council. 111 4 Terminarion/Suspensien of Membership If a member is absent for more than three consecutive meetings or for more than 5096 of the meetings during the course of the Council's operating year(see Article IV.2),full membership may be revoked or suspended per vote of the Council. Prior to that vote,the member will be given an opportunity to come before the Council to state his/her wish to continue on the Council. Article IV: Officers of the Council IV 1 Officers and Terns of Office The Officers of the Council shall be as follows: • Chair • Vice-Chair ♦ Secretary/Treasurer The term of each officer shall be one year. Officers may serve multiple terms. 1V2 Election of Officers and Operating Year Officers will be elected by majority vote on an annual basis at the Council's last regular meeting of the year. Accordingly,the Council's operating year shall begin at the first regular meeting of the year. Nominations for officers must be given to the Secretary/Treasurer prior to the Council's last regular meeting of the year. N.3 Responsibilities of Each Office 01/05/2004 10.44 FAX 630 553 5764 DANIEL J. KRAMER @1004/009 Kane County Paratransit Coordinating Council • 080503 Meeting Minute; Past 2 coordination strategies. The first strategy is to establish a Kane County Paratransit Coordinating Council(KCPCC). This council will consist of stakeholders, users, providers, and prospective sponsors of a coordinated paratransit system and will provide a forum for identifying best practices among paratransit providers. The second strategy is to create a countywide coordinated marketing program to inform current and potential riders (and human service agency personnel) about available fixed route and paratransit services and make services easier to understand and use. Elements of this marketing program may include developing a name, symbol, or color scheme, creating maps and schedules highlighting connections between services,a transportation guide describing services and how to use them,and other marketing activities and promotions. These items can be distributed to the public as an insert in the Sunday issue of local newspapers. The third strategy is to create a user-side taxi subsidy program.much like what currently exists in DuPage County. In this program, the customer would receive a subsidy for transportation, and the provider is paid the market rate for the trip. Program sponsors provide coupons for eligible participants, customers purchase trips with coupons, and sponsors then reimburse the taxi providers. This strategy will help to alleviate"border problems" and service hours, as taxis are available more often. The fourth strategy, eastern Kane County regional dial-a-ride service, includes three different phases.The first phase is the adoption of uniform Dial- A-Ride operating and service policies. The study recommends the following: uniform service hours from Sam to 6pm, the general work day; consistent advance notice requirements by reducing the requirement to 24 hours; allowing each provider to accept the eligible customers of the other programs, while allowing for local municipal sponsors to still set local eligibility requirements; and to have a uniform fare policy for trips involving transfers between one or more systems. The second phase includes allowing for Dial-A-Ride service for Pace ADA customers. This would be beneficial as Dial-A-Ride currently charges a lower fare than ADA. The third phase involves the integration of the separate municipal Dial-A-Ride programs and Pace ADA paratransit service into one regional paratransit system. This is the most ambitious strategy and should be considered a long-term goal. B. Purpose of establishing a Kane County Paratransit Coordination Council(KCPCC) After the presentation,Joyce Helander asked what other areas in the state have similar councils. Tabbert replied that in the Chicago region, only DuPage County has a paratransit council, Chuck Kadlec added that there is nothing available in the rural areas, Tom Groeninger also added that Lake County has four or five Dial-A-Rides with coordinated service. Tom Rickert added that the population of Kane County is projected to grow to about 700,000 in 2030. With this population growth,the senior population will also grow,resulting in many issues that will need to be addressed. Rickert hopes that the council will continue to operate as a "vision-casting" group to help aid County Staff. III. OPERATION OF THE KCPCC A. Frequency of Meetings Tabbert reported that the DuPage County Council meets monthly, but that it may not be necessary for the Kane Council to meet as often. She suggested that the full Coordinating Council meet quarterly, while smaller sub- committees meet more often, possibly on a monthly basis. Ziv Sabin responded by saying that the council needs to meet more often, possibly every month or every six weeks to get things in place. Helender agreed, who also added that we need to address adjacent areas of the county. Rickert responded that Staff would try to be flexible,and need to establish some working groups to get things going. Helander asked how long it would take to get the administrative work done to begin the Council. Rickert replied that the work should be complete within a few months. Rickert added that we have limited Staff time to work on this project, and that Council members will need to step forward to complete much of the work.Phil Page suggested that the sub-committees do the bulk of the work and report to the full council, which can meet quarterly. B. Establish an Interim Chairperson Tabbert announced that Lynn O'Shea has agreed to serve as the interim chairperson of the council until we get the by-laws into place. At that point, the council can choose to either re-nominate O'Shea or nominate other members of the Council. C. Council By-laws and Memorandum of Understanding Tabbert passed out copies of the DuPage Council's by-laws and explained that they can form a good basis for our Council. We can add,delete,or alter anything found in the by-laws to suit our council's needs. Tabbert also added that DuPage County also uses a Memorandum of Understanding (MOU) for all interested agencies to sign onto to 01/05/2004 10: 45 FAX 630 553 5764 DANIEL J KRAMER VI 005/009 Kane Cauca),Paratransit Coordinating Council 080503 Meeting Minutes page 3 become voting members of the Council. The MOU will only suggest a commitment to continue to pursue the formation of the KCPCC and no financial responsibility is involved with signing. Once Tabbert receives a copy bf DuPage's MOU, we can use that to draft our own, D. Establish sub-committee to develop By-Laws and Memorandum of Understanding Tabbert passed around a sign-up sheet for those interested in serving on the By-Laws and MOU sub-committee. Marti Cross agreed to chair the sub-committee. There was some discussion concerning membership. O'Shea pointed out that she was pleased to see such good southern representation, but that we were lacking representation from the northern end of the County. Sabin responded that her agency represented the northern end. O'Shea then asked what types of follow-up mechanisms will be used to involve other agencies in the Council. Tabbert suggested also forming a Membership sub-committee today, and passed around a sign-up sheet for that committee. Judy Bickner agreed to chair the Membership sub- committee. Darlene Marcussen suggested that poverty is also a disability and that this council also needs to address that part of the population. Judy Birkner added that there are also many disabled children who are becoming adults with parents who are becoming seniors, creating another unique area of the population that will need to be addressed. There was some discussion regarding service hours. Rickert did stress that he does not foresee our Council trying to accomplish what DuPage has done as we do not have the money,and DuPage is still far from achieving their vision, even after working since 1996. He suggested that we might need to take a different approach. IV, NEXT STEPS A. Set date for sub-committee meeting Both sub-committees will meet on Tuesday, September 9t° at 9:00am at the Kane County Government Center Auditorium. Meeting announcements will be sent out prior to the meeting. B. Next Meeting Dates The next Full Council will meet in tate September/early October. At this meeting,the council will establish the by- laws, review the MOU, and report on membership. Other agenda items may include a presentation from Pace on available Dial-A-Ride services as well as a presentation on the DuPage County Council. 01/05/2004 10. 45 FAX 630 553 5764 DANIEL J. KRAMER B00B/009 vane County Paratransit Coordinating Council DRAFT By-Laws October 14,2003 Page 3 • The Chair,or in the event of his/her absence,the Vice-Chair,shall preside at all meetings of the Council; but neither shall be deprived of his/her right to vote. The Chair or Vice-Chair shall have such other powers and perform such other duties as may from time to time be voted by the Council,including the establishment of committees and appointment of committee members as may be necessary or convenient for carrying out the business of the Council. The Secretary/Treasurer will be responsible for disseminating information to Council members,writing Council correspondence,keeping meeting attendance records,and taking minutes of meetings. The Secretary/Treasurer shall enter in books all officer nominations,citizen membership applications,votes, orders,and proceedings of the Council.The Secretary/Treasurer shall also be responsible for collection of annual dues(if arty)and disbursement of funds for the conduct of Council business. IV 4 Removal of Officers Members,by 2/3 vote of members present,may remove an officer, Officer must first be extended the opportunity to hear member concerns,and a 30-day period to correct any deficiencies before the vote is taken. Article V;Meetings of the Council V.I Regular Meetings The Council shall meet bi-monthly on the second Tuesday of odd months,January through December,at the call of the Chair,unless the Council votes at a prior meeting not to hold the next regular bi-monthly meeting,or to reschedule. At a regular meeting,the Council may take such actions,pass such resolutions, or conduct such other business as are on the agenda or may otherwise be properly brought before it. V.2 Special Meetings The Chair,or in the event of his/her absence,the Vice-Chair may call a special meeting of the Council as required and shall call a special meeting at the request of one-third(1/3)of the members. Business at special meetings shall be limited to the subjects stated in the call for them, V 3 Information Meetings The Chair may call an informational meeting as may be required for the presentation and dissemination of reports.analyses,or other data,and for the informal discussion thereof by the Council. No formal action by the Council shall be taken at such meetings. Resolutions may be introduced and discussed at such meetings,but formal debate and action on such resolutions may take place only at future regular or special meetings. V 4 Meeting Notice and Agenda; Open Meetings Not less than seven-days advance notice in writing of regular or informational meetings shall be given to all members.Not less than ten days advance notice in writing of special meetings shall be given to all members. Such notices shall contain the time,place,proposed agenda,proposed resolutions on substantive matters, and the substance of any matter proposed to be voted on. 01/05/2004 10 45 FAX 630 553 5764 DANIEL J. KRAMER fii007/009 • Kane County Paratransit Coordinating Council DRAFT By-Laws October 14,2003 Page 4 All meetings of the Council shall be subject to the Open Meetings Act. V.5 Quorum Fifty-one(51%)of the membership constitutes a quorum. V 6 Attendance Each member must notify the Secretary/Treasurer or other officer if s/he will be absent from any meeting. V 7 Structure and Conduct of Meetings Parliamentary discretion for the conduct of meetings shall be vested in the Chair.Council procedures shall provide an opportunity for all to be heard on any given issue and for the efficient conduct of business. Roberts Rules of Order shall govern the discussion of substantive issues. V.8 Public Parricipatton at Meetings In concert with the Open Meetings Act(See Article V.4),any person attending a Council meeting that is open to the public has the right to speak. The Chair shall appropriately recognize all attendees and rant the floor,except in the deliberations of a debate on a motion,where the Chair shall have discretion. Article VI:Voting No vote on a substantive matter shall be taken unless the issue to be voted on has been listed in the proposed agenda,and timely notice(see Article VA)has been given to all members. Election of Officers and Citizen Members are considered to be substantive issues. A quorum must exist before any formal vote is taken(sec Article V.5). Each member is afforded one vote on any decision put to a vote. No proxy voting is permitted,i.e.,members must be present to vote.Majority votes, with the following exception:changes or amendments to these by-laws(see Article VIII)and officer removals(see Article P1,4)require 213 vote of members present. Article VII: Committees of the Council On an annual basis,council shall establish or continue standing committees as may be necessary or convenient for carrying out the business of the Council.Membership on standing committees shall be limited to Council members.Standing committees shall include: • a Membership Committee—The Membership Committee will be responsible for seeking organizational members and processing citizen member applications. • a By-laws and MOU Committee--The By-laws and MOU Committee will be responsible for monitoring and suggesting changes to the By-laws and MOU. • a Consumer Advisory Committee–The Consumer Advisory Committee will ensure consumer input and open lines of communication with various constituents. The Chair,or in his/her absence, the Vice-Chair,shall establish ad-hoc committees and appoint committee members as may be necessary or convenient for carrying out the business of the Council. Non-members, 01/05/2004 10 45 FAX 630 553 5764 DANIEL J KRAMER 003/009 Kane County Parao:ansit Coordinating Cocwcil DRAFT By-Laws October 14,2003 Page 5 because of their special expertise or association with particular issues,and at the discretion of the Chair, maybe appointed to ad-hoc committees. Article VIII:Amendments These by-laws may be amended by the affirmative vote of 213 of a quorum of the Council present at a duly called regular meeting thereof,if the notice of such meeting has contained a copy of the proposed amendment.Amendments are considered a substantive issue. Article IX:Annual Review The by-laws and MOU Committee shall meet annually to review and recommend revisions of the by-laws and MOU. Article IX; Effective Date These by-laws will become effective upon adoption by 2/3 vote of the Council present. UNITED CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF MAY AS OF MAY 31 , 2003 AUDITED BEGINNING ENDING FUND BALANCE REVENUE EXPENSE TRANSFERS BALANCE General $783,220.01 $910,325.86 $511,420.63 $0.00 $1,182,500.24 Motor Fuel $193,490.73 $14,496.93 $0.00 $0.00 $207,987.66 Mun. Bldg. $72,039.87 $4,800.00 $26,803.47 $0.00 $50,036.40 PD Capital $6,051.30 $5,000.00 $0.00 $0.00 $11,051.30 PW Capital $123,313.98 $14,400.00 $0.00 $0.00 $137,713.98 Sanitary Sewer $1,021,977.84 $99,792.88 $15,687.00 $0.00 $1,106,083.72 Water Imprv. Exp $2,345,478.88 $25,038.23 $277,877.73 $0.00 $2,092,639.38 Debt Service $8,442.79 $46,013.15 $101,142.47 $0.00 -$46,686.53 Water $262,087.25 $68,209.63 $35,470.85 $0.00 $294,826.03 Sewer $0.00 $98,735.17 $136,882.42 $0.00 -$38,147.25 Land Cash $237,853.45 $12,850.00 $0.00 $0.00 $250,703.45 Land Acquisition $147,264.24 $0.00 $0.00 $0.00 $147,264.24 Working Cash $111,569.00 $0.00 $0.00 $0.00 $111,569.00 Fox Industrial $78,717.93 $52.54 $0.00 $0.00 $78,770.47 Trust&Agency $0.00 $168,360.62 $438,365.47 $0.00 -$270,004.85 S. Sewer Fund $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $5,391,507.27 $1,468,075.01 $1,543,650.04 $0.00 $5,316,307.24 ki‘lix.e6...4.eiti . William Powell _ Treasurer UNITED CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF JUNE AS OF JUNE 30, 2003 BEGINNING ENDING FUND BALANCE REVENUE EXPENSE TRANSFERS BALANCE General $1,182,500.24 $356,378.69 $646,561.09 $0.00 $891,942.84 Motor Fuel $207,987.66 $15,808.61 $15,725.75 $0.00 $208,070.52 Mun. Bldg. $50,036.40 $6,000.00 $35,297.00 $0.00 $20,739.40 PD Capital $11,051.30 $6,117.00 $926.00 $0.00 $16,242.30 PW Capital $137,713.98 $18,000.00 $22,330.00 $0.00 $133,383.98 Sanitary Sewer $1,106,083.72 $3,080.00 $33,155.67 $0.00 $1,076,008.05 Water Imprv. Exp $2,092,639.38 $37,038.23 $76,607.72 $0.00 $2,053,069.89 Debt Service -$46,686.53 $5,169.02 $67,162.01 $0.00 -$108,679.52 Water $294,826.03 $80,258.86 $44,837.23 $0.00 $330,247.66 Sewer -$38,147.25 $115,815.79 $15,963.15 $0.00 $61,705.39 Land Cash $250,703.45 $21,394.00 $12,417.35 $0.00 $259,680.10 Land Acquisition $147,264.24 $0.00 $0.00 $0.00 $147,264.24 Working Cash $111,569.00 $0.00 $0.00 $0.00 $111,569.00 Fox Industrial $78,770.47 $41.40 $0.00 $0.00 $78,811.87 Trust&Agency -$270,004.85 $215,057.88 $26.38 $0.00 -$54,973.35 S. Sewer Fund $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $5,316,307.24 $880,159.48 $971,009.35 $0.00 $5,225,082.37 421-ei...e it— "r..0..68 William Powell Treasurer UNITED CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF JULY AS OF JULY 31 , 2003 BEGINNING ENDING FUND BALANCE REVENUE EXPENSE TRANSFERS BALANCE General $891,942.84 $1,455,432.14 $729,941.43 $41,656.47 $1,659,090.02 Motor Fuel $208,070.52 $13,686.50 $6,275.90 $0.00 $215,481.12 Mun. Bldg. $20,739.40 $12,932.05 $104,359.16 $6,050.01 -$64,637.70 PD Capital $16,242.30 $19,588.50 $14,974.28 -$7,959.75 $12,896.77 PW Capital $133,383.98 $21,150.00 $21,732.00 $15,000.00 $147,801.98 Sanitary Sewer $1,076,008.05 $4,813,415.75 $37,926.00 -$55,845.00 $5,795,652.80 Water Imprv. Exp $2,053,069.89 $59,001.31 $38,068.38 -$44,934.24 $2,029,068.58 Debt Service -$108,679.52 $8,245.06 $27,261.43 $120,560.28 -$7,135.61 Water $330,247.66 $90,026.73 $50,402.66 -$51,872.52 $317,999.21 Sewer $61,705.39 $94,768.33 $12,770.72 -$22,655.25 $121,047.75 Land Cash $259,680.10 $30,353.75 $6,332.25 -$49,409.52 $234,292.08 Land Acquisition $147,264.24 $0.00 $0.00 $49,409.52 $196,673.76 Working Cash $111,569.00 $0.00 $0.00 $0.00 $111,569.00 Fox Industrial $78,811.87 $15,300.29 $214.00 $0.00 $93,898.16 Trust&Agency -$54,973.35 $203,052.21 $358,903.59 $0.00 -$210,824.73 S. Sewer Fund $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $5,225,082.37 $6,836,952.62 $1,409,161.80 $0.00 $10,652,873.19 ,,,,,,a William Powell Treasurer UNITED CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF AUGUST AS OF AUGUST 31 , 2003 BEGINNING ENDING FUND BALANCE REVENUE EXPENSE TRANSFERS BALANCE General $1,659,090.02 $595,846.24 $818,648.72 $0.00 $1,436,287.54 1 Motor Fuel $215,481.12 $15,441.42 $21,270.91 $0.00 $209,651.63 Mun. Bldg. -$64,637.70 $5,550.00 $51,159.13 $0.00 -$110,246.83 PD Capital $12,896.77 $58,633.00 $41,614.00 $0.00 $29,915.77 PW Capital $147,801.98 $22,100.00 $0.00 $0.00 $169,901.98 Sanitary Sewer $5,795,652.80 $3,279.63 $47,720.16 $0.00 $5,751,212.27 Water Imprv. Exp $2,029,068.58 $41,151.81 $617,211.74 $0.00 $1,453,008.65 Debt Service -$7,135.61 $0.00 $61,296.79 $0.00 -$68,432.40 Water $317,999.21 $83,257.97 $64,379.47 $0.00 $336,877.71 Sewer $121,047.75 $127,783.51 $16,763.90 $0.00 $232,067.36 Land Cash $234,292.08 $28,047.50 $2,913.00 $0.00 $259,426.58 Land Acquisition $196,673.76 $0.00 $0.00 $0.00 $196,673.76 Working Cash $111,569.00 $0.00 $0.00 $0.00 $111,569.00 Fox Industrial $93,898.16 $1,147.56 $0.00 $0.00 $95,045.72 Trust&Agency -$210,824.73 $206,560.91 $69,327.14 $0.00 -$73,590.96 S. Sewer Fund • $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $10,652,873.19 $1,188,799.55 $1,812,304.96 $0.00 $10,029,367.78 /V e� IL"! G William Powell Treasurer UNITED CITY OF YORKVILLE MONTHLY TREASURERS REPORT FOR THE MONTH OF SEPTEMBER AS OF SEPTEMBER 30, 2003 BEGINNING ENDING FUND BALANCE REVENUE EXPENSE TRANSFERS BALANCE General $1,436,287.54 $1,245,466.16 $729,842.47 $0.00 $1,951,911.23 Motor Fuel $209,651.63 $16,095.07 $27,927.25 $0.00 $197,819.45 Mun. Bldg. -$110,246.83 $26,015.00 $251,332.89 $0.00 -$335,564.72 PD Capital $29,915.77 $5,025.90 $4,901.20 $0.00 $30,040.47 PW Capital $169,901.98 $13,050.00 $78,197.00 $0.00 $104,754.98 Sanitary Sewer $5,751,212.27 $2,017,814.14 $4,791,347.38 $0.00 $2,977,679.03 Water Imprv. Exp $1,453,008.65 $5,226,608.14 $724,549.92 $0.00 $5,955,066.87 Debt Service -$68,432.40 $2,072.00 $8,320.50 $0.00 -$74,680.90 Water $336,877.71 $127,804.42 $63,677.66 $0.00 $401,004.47 Sewer $232,067.36 $154,769.69 $33,460.68 $0.00 $353,376.37 Land Cash $259,426.58 $128,922.00 $19,275.82 $0.00 $369,072.76 Land Acquisition $196,673.76 $0.00 $0.00 $0.00 $196,673.76 Working Cash $111,569.00 $0.00 $0.00 $0.00 $111,569.00 Fox Industrial $95,045.72 $11,709.94 $0.00 $0.00 $106,755.66 Trust&Agency -$73,590.96 $314,231.12 $412,179.01 $0.00 -$171,538.85 S. Sewer Fund $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL $10,029,367.78 $9,289,583.58 $7,145,011.78 $0.00 $12,173,939.58 %.}Lteeku.. ,cseaeg William Powell Treasurer 01/30/2004 10. 43 FAX 530 553 5754 DANIEL J. KRAMER f)002i011 STATE OF ILLINOIS ) 11-10-03 )SS COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF YORKVILLE HILL LANDSCAPING This Annexation and Planned Unit Development Agreement (hereinafter"Agreement"), is made and entered into this day of ,2003,by and between the UNITED CITY OF YORKVILLE, a municipal corporation,hereinafter referred to as"CITY" and NEW YORKVILLE HILL LANDSCAPING, hereinafter referred to as "OWNER/DEVELOPER", WITNESSETH WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 5.07 acres, more or less (hereinafter"PROPERTY"); and which is depicted in the Site Plan which is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject matter of said Agreement comprising approximately 5.07 acres, more or less; and WHEREAS, the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and WHEREAS, the CITY and OWNER/DEVELOPER agree said Planned Unit Development consisting of a single lot subdivision with the B-3 Service Business Zoning Use shall be exclusively for a landscaping business and providing for storage of nursery stock, landscaping materials and equipment and retail showroom. WHEREAS, it is the desire of CITY and OWNER/DEVELOPER to annex PROPERTY and provide for the orderly development of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Planned Unit Development Agreement and the Ordinances of the CITY; as a Planned Unit Development establishing a unique open space character and to provide for the orderly flow of traffic in the development and to adjoining real property; and to provide rezoning to a B-3 Service Business Zoning Use said parcel; and WHEREAS, it is the desire of the CITY and OWNER/DEVELOPER to enter into this Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions —1— 01/30/2004 10 44 FAX 030 553 5704 DANIEL J KRAMER Q003/011 of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such Agreement; and WHEREAS, it is the intent of OWNER/DEVELOPER to design a storm water management system for the subject PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the rezoning of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS,the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to this Agreement all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER/DEVELOPER and CITY agree that upon execution the this Agreement the subject PROPERTY shall be designated a Planned Unit Development with an B-3 Service Business Zoning Use as set forth in the attached hereto and incorporated herein as Exhibit "B'; and WHEREAS,the OWNER/DEVELOPER agrees to abide by the landscaping provisions of which are attached hereto and incorporated by reference as Exhibit"C"; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and other documents that are necessary to accomplish the rezoning of the PROPERTY; and NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: A. That the subject real property described in the attached Exhibit"A" shall be annexed to the CITY and that the development of said property shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City —2— 01/30/2004 10 44 FAX 630 553 5764 DANIEL J KRAMER a 004/011 Reimbursement of Consultants and of Review Fees Ordinances, Municipal Building Fee, Weather Warning Siren Fee,City Land-Cash Ordinance, and City Development Fee Ordinance, payable at the time of Site Plan approval,which have been voluntarily contracted to between the parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit Development Agreement. That OWNER/DEVELOPER shall permit the CITY Building and Zoning Department to inspect the PROPERTY to determine the improvements to be completed. B. OWNER/DEVELOPER, except to the extent varied by this Agreement the Site Plan shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time of execution of this Agreement, No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Developers, however,will be bound by changes in building codes,building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the United City of Yorkville revise, alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide for a reduction nem the standard as of the date of this Agreement, the City will allow the OWNER/DEVELOPER to comply with reduced standard. C. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards_cimtained in the.Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following, in which case this Agreement shall control. Roadway right-of-ways,widths of streets, and roadway construction standards shall comply with the requirements as set out on the approved Site Plan, D. Sanitary Sewer Facilities. 1. The OWNER/DEVELOPER shall cause the Subject Property, to be annexed to the Yorkville-Bristol Sanitary District("Yorkville Bristol"or"YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol should said service be extended within a distance specified by Ordinance to the PROPERTY. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER/DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act,permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject —3— 01/30/2004 10. 44 FAX 830 553 5764 DANIEL J. KRAMER 005/011 • Property, The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen(18) inches or greater in diameter("Large Lines") shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care,maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof,which acceptance shall not be unreasonably denied or delayed. 2. In the event the CITY requires OWNER/DEVELOPER to oversize water mains, sanitary sewer mains,or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any oversizing, 3. Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat, Preliminary and Final Engineering Plans approved by the City Engineer. 4. That off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by OWNER/DEVELOPER according to _-the.City Subdivision Control.Ordinanee,. After the installation of improvements by - - OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. 5. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the subject subdivision Any recapture shall be done by Ordinance after the CITY has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. 6. OWNER/DEVELOPER and CITY agree that easements are necessary for off-site improvements to serve said property with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, including condemnation, to assist the OWNER/DEVELOPER in the acquisition of easements or permission to use easements from Kendall Township,Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of —4— 01;30!2004 1O 44 FAX 630 553 5764 DANIEL J KRAMER V)006/011 OWNER/DEVELOPER. E. The Planned Unit Development being approved, as part of this Agreement shall be constructed in substantial conformance with the Site Plan attached hereto and incorporated herein as Exhibit "B". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council, or upon City Engineer's approval as to technical parts of engineering plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Landscape, Preliminary and Final Engineering and Final Site Plan to provide the buffering and screening agreed to as set out in the Preliminary Site Plan for the Subject Property and Exhibit "C". Prior to approval of the Final Site Plan, OWNER/DEVELOPER agrees to obtain an estimate cost of the landscape improvements referenced to in Exhibit "C" and agrees to post a letter of credit or bond with the CITY for the amount of said landscape improvements. CITY agrees to reduce and/or release the letter of credit or bond for the landscaping improvements in accordance with the policies in place at the time of execution of this Agreement. The OWNER/DEVELOPER agrees that prior to the issuance of any building permit the site will conform to the CITY Landscaping Ordinance. F. Approval of Final Plat and Final Engineering. Upon the submittal by DEVELOPER to the CITY of a Final Site Plan("Final Site Plan"), final landscape plan("Final Landscape Plan") and final engineering plans ("Final Engineering") for the Development, which substantially conform with the Preliminary Plans as to such Phase of Development, the CITY shall promptly approve such Final Plan so long as it is in substantial conformity with the approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any - terms of this Agreement, Final >_andccapePlau.and Final Engineering in compliance with applicable law and cause the Final Plan to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to(i)the posting of the applicable Security Instruments, as defined in Paragraph I of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the CITY as provided for in this Agreement and(iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover, The Final Plat, Final Landscape Plan and Final Engineering are referred to herein collectively as the "Final Plans". G. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including,without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after passage by the City Council, so long as said changes are applied uniformly throughout the City. Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) year period. After said five(5) year period, the Subject —5— 01/30/2004 10 44 FAX 630 553 5754 DANIEL J. KRAMER m 007/011 Property and its development will be subject to all ordinances,regulations, and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided, however, that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding,in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER,provided, however, that any so called"grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and affect. H. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty(30) days following the approval of the as built plans. G. GENERAL PROVISIONS, Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an ap- propriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER/DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER/DEVELOPER and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERIDEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it —6— 01/30/2004 10 44 FAX 630 553 5764 DANIEL J KRAMER 2003/011 amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them, Notices, Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville Mayor Arthur F. Prochaska, Jr. 800 Game Farm Rd. Yorkville, IL 60560 With a Copy to; United City of Yorlcville's Attorney Law Offices of Daniel J. Kramer 1107A. S. Bridge St. Yorkville,IL 60560 If to the OWNER/ Yorkville Hill Landscaping DEVELOP._.{R:_ . .8591 Route_126 _. ___. Yorkville,IL 60560 With a Copy to: Attorney John McAdams 624 W. Veterans Parkway Suite D Yorkville,IL 60560 Or to such other addresses as any party may from time to time designate in a written notice to the other parties. Severability, This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part,portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject —7— 01/30/2004 10 44 FAX 830 553 5784 DANIEL J, KRAMER 003/011 Property. Agreement This Agreement, and any Exhibits or attachments hereto,may be amended from time to time in writing with the consent of the parties, pursuant to • applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not affected by such Agreement. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/DEVELOPER to sell or convey all or any portion of the Subject Property,whether improved or unimproved. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER/DEVELOPER, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law, The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. Term of Agreement, The term of this Agreement shall be for five (5)years. In ._the_cventconstruction is commenced.-within said five year-per4od-all of the terms -- - of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement of the CITY and DEVELOPERJOWNER. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County,Illinois, at the expense of OWNER/DEVELOPER. $,ecitals and Exhibits, The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. No Moratorium. The CITY shall not limit the number of building or other —8— 01/30/2004 10 45 FAX 630 553 5764 DANIEL J KRAMER Qj010/011 permits that may be applied for within any opened phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of the subdivision. Nothing contained herein shall effect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Envirorunental Protection Agency, or Yorkville. Bristol Sanitary District. (Please include language stating that the City has adequate water sources/availability to serve the Development) Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto, Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the OWNER/DEVELOPER, including,but not limited to, county, state or federal regulatory bodies. IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this day of, 2003. UNITED CITY OF YORKVILLE, Kendall County, Illinois By. MAYOR Attest: CITY CLERK —9— 01/30/2004 10 45 FAX 630 553 5764 DANIEL J KRAMER Z011/011 OWNER/DEVELOPER: YORKVILLE HILL LANDSCAPING Attest: Dated: —10— . ( b •'\• 4‘67.3c i I TABLE OF CONTENTS • • age RECITALS: 1 1. LEGAL CONFORMANCE WITH LAW [4) 3- 2. ANNEXATION. 4 3. ZONING. 4 4. SUBDIVISION OF UNDESSER PROPERTY 5 5. DEVIATIONS FROM LOCAL CODES (7) 8l 6. UTILITIES AND PUBLIC IMPROVEMENTS (7) 8 7. SECURITY INS 1KUMENTS. 12 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. (12) [131 9. AMENDMENTS TO ORDINANCES. 13 10. BUILDING PERMITS AND RELATED INSPECTIONS (17) [18] 11. BUILDING CODE. 19 12. FEES AND CHARGES 19 13. CONTRIBUTIONS. 19 14. OWNER'S/DEVELOPER'S CONTRIBUTIONS 19 15. PROJECT SIGNS. (22) [231 16. CERTIFICATES OF OCCUPANCY 23 17. MODEL [HOMES/PRODUCTION UNITS 23) [HOMES, PRODUCTION UNITS. SALES TRAILERS AND CLUBHOUSE 2�4 18. CONTRACTOR'S TRAILERS. (2 4) [25] 19. TEMPORARY SALES OFFICE TRAILERS (24) [25] 20. TEMPORARY PARKING. (21) [25] 21. OVERSIZING OF IMPROVEMENTS 25 22. LIMITATIONS. (25) [26] 23. RECAPTURE AGREEMENTS. (25) [26] 24. SPECIAL SERVICE AREA. (25) J26] 25. OFFSITE EASEMENTS AND CONSTRUCTION [27) [28] 26. DISCONNECTION. 28 27. CONFLICT IN REGULATIONS. [28) J291 28. ANNEXATION FEE. [28-) [29] 29. TRANSFER. {2-8- [29] 30. CITY ASSISTANCE. 29 31. GENERAL PROVISIONS. [29) [30] 12/17/03 3:02 PM CH02/22242448.RED WARNING: This section retains the original formatting, including headers and footers, of the main document. If you delete the section break above this message, any special formatting, including headers and footers for the Table of Contents/Authorities section will be lost. If you delete the section break above the Table of Contents/Authorities, you will overwrite the headers and footers of the main document with Table of Contents/Authorities headers and footers. To delete the Table of Contents/Authorities, begin your selection at the section break above the TOC/TOA section and continue through the end of this message. 12/17/03 3:02 PM CH02/22242448.RED THIS INSTRUMENT PREPARED BY AND RETURN TO: Sanford M. Stein Gardner Carton & Douglas, LLC 191 N. Wacker Drive, Suite 3700 Chicago, IL 60606 (312) 569-1229 Fax: (312)-569-3229 AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (The Westbury Village Subdivision 12-17-03) THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2003, by and between OCEAN ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER") THE ESTATE OF RICHARD A. UNDESSER and HENRIETTA UNDESSER ("OWNER"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit"A" attached hereto ("Undesser Property"). B. Richard A. Undesser, Henrietta Undesser and the City, have heretofore entered into that certain Annexation Agreement dated July 1, 1997 with the City ("the 1997 Annexation Agreement") which provided for, among other things, the annexation of a portion of the Undesser Property to the City. C. The OWNER desires to annex additional property legally described on Exhibit "B" attached hereto (the "Annexation Parcel"), to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Westbury Village Subdivision (approximately 300 acres). The Annexation Parcel is comprised of 43 acres more or less and is shown on the Plat of Annexation attached hereto as Exhibit "B-1". The Annexation Parcel is 12/17/03 3:02 PM CH02/22242448.RED -1- contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other municipality. 12/17/03 3:02 PM CH02/22242448.RED -2- D. (1) The Annexation Parcel is located within the Bristol Kendall Township Fire Protection District, the Bristol Township Road District and will remain within the jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served by the CITY'S public library. 2. The corporate authorities of the CITY, after due and careful consideration, have concluded that the annexation of the Annexation Parcel to the CITY would further the growth of the CITY, enable the CITY to control the development of the area and serve the best interests of the CITY. E. DEVELOPER desires to proceed with the development of the Undesser Property and the Annexation Parcel (hereinafter collectively referred to as the "Subject Property") for residential and commercial use in accordance with the terms and provisions of this Agreement. F. OWNER and DEVELOPER further desire to amend the 1997 Annexation Agreement as it pertains to, and in accordance with, the terms and provisions of this Agreement in order to facilitate the development of the Subject Property for a residential Planned Unit Development, and the City is agreeable to amending the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement. This Agreement is not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the real estate that is the subject of the 1997 Annexation Agreement, except as modified by this Agreement. G. DEVELOPER proposes that a portion of the Subject Property be rezoned from Kendall County A-1 Agricultural and United City of Yorkville B-3 Service Business District and A-1 Agricultural, to United City of Yorkville Planned Unit Development with zoning districts ("Amended Zoning Districts") of B-3 Service Business District (with the special use B-3 allowed in the 1997 Annexation Agreement surviving with this Agreement but only over that area described in the 1997 Agreement). R-2 One Family Residence District, and R-4 General Residence District. A legal description of each of the Amended Zoning Districts is attached hereto and made a part hereof as Exhibit `B-2". A graphic description of the Amended Zoning District is attached hereto as Exhibit"B-3". H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. I. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Ordinances. J. The Corporate Authorities, after due and careful consideration, have concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Subject Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound 12/17/03 3:02 PM CH02/22242448.RED -3- planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. K. (i) Each party agrees that it is in the best interests of the OWNER, DEVELOPER and the City to develop the Subject Property as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the Subject Property. (iii) The Annexation Parcel is located contiguous to the corporate boundaries of the CITY; and is not within the corporate boundaries of any other municipality. L. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Subject Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. M. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and DEVELOPER. N. The OWNER and DEVELOPER and their representatives have discussed the proposed annexation of the Annexation Parcel and have held public meetings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties,hereby agree as follows: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 12/17/03 3:02 PM CH02/22242448.RED -4- 2. ANNEXATION. A. As to the Annexation Parcel, this Agreement is made pursuant to and in accordance with the provisions of Sections 5/1 115.11 et.seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect to the Subject Property, this Agreement is made pursuant to the Planned Unit Development requirements of Illinois Compiled Statutes and the Special Use Ordinance of the CITY; that said State of Illinois statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Compiled Statutes ("Statutes") and specifically Sections 5/1 115.11 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. B. As to the Annexation Parcel, the OWNER has filed with the City Clerk of the CITY a proper Petition for Annexation and this Agreement is entered into after public hearing(s) before the applicable corporate authorities of the CITY, which hearings were held in accordance with the provisions of the Statutes of the State of Illinois. C. Upon the execution of this Agreement by the OWNER, the CITY shall execute this Agreement and enact ordinances necessary to annex the Annexation Parcel into the corporate limits of the CITY pursuant to the Petition for Annexation and subject to the terms of this Agreement. It is agreed that the CITY will promptly record the enacted annexation ordinance and any required plats with the Kendall County Recorder's Office and will file same with the Kendall County Clerk's Office. D. If for any reason and at any time, the annexation of the Annexation Parcel to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with the OWNER in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the Annexation Parcel and/or other properties to the CITY so that the annexation of Annexation Parcel to the CITY can be sustained and/or effected. 3. ZONING. Contemporaneously with the annexation of the Annexation Parcel and the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to amend the Zoning Ordinance of the CITY such that the Subject Property can be zoned and used within the following zoning classifications: B-3 Service Business District with special use, R-2 One Family Residence District,( R 3 General Residence District,) and R-4 General Residence District, all as depicted on (Exhibit ) [Exhibit B-31, 12/17/03 3:02 PM CH02/22242448.RED -5- attached hereto and made a part hereof. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Subject Property as aforesaid. 4. SUBDIVISION OF UNDESSER PROPERTY. A. Approval of Concept PUD Plan. (i) DEVELOPER has submitted to the CITY a Concept P.U.D. Plan for the Subject Property (prepared by The Lannert Group (with a latest revision date of November 6, 2003), a copy of which Concept PUD Plan is attached hereto and made a part hereof as Exhibit "C" ("Concept PUD Plan"). DEVELOPER has also submitted to the CITY a concept Open Space Plan, a Buffer Yard Planting Plan, a Landscape Plan-Area Details and a Sign Package Plan Sheet for the subject property (prepared by the Lannert Group, all with the latest revisions dated of November 6, 2003) which combined are referred to as the Concept Landscape Plans and are attached hereto as Exhibit "D" and a [Preliminary (adding EEI's Review -- . - - .. • ["Concept"l engineering plan (prepared by Cemcon, Ltd. with latest revision date as of November 5, 2003, a copy of which [preliminary) (concept] engineering plan is attached hereto as Exhibit "E" (("Preliminary)[("Concepti Engineering Plan"). The Concept Site Plan, Concept Landscape Plan and Concept Engineering Plan are collectively referred to as the Concept Plans. Prior to execution of this Agreement, DEVELOPER has submitted the Concept Plan to the Plan Commission of the CITY. In accordance with the development concepts set forth in the Concept PUD Plan, the Subject Property shall be developed in substantial conformance with the one-family and multi- family dwelling unit and commercial concepts set forth therein, with a total buildable subdivided lot count not to exceed 289 of one-family lots, 601 multi-family units including 296 Townhome Units and 305 Courtyard Home Units and 22.7 acres of commercial area, within the Subject Property, subject to Final Plat and Final Engineering review, as defined in Paragraph 3.B. hereof. As used in this Agreement, the term "Courtyard Home" shall mean townhome type units situated around a center court with rear garage entry. (ii) The DEVELOPER is required to submit a [combined] preliminary land fmall PUD plan and plat that substantially conforms with the Concept Site Plan, for review and approval in accordance with City Ordinances. { j-[(a) The parties acknowledge that the Concept Plan as presented contains sufficient detail and information to qualify as a "Preliminary Plan" as that term is defined in the ordinances of the City, and that the City shall (1) combine the procedures for approval of a Preliminary PUD Plan (including Preliminary Engineering and 12/17/03 3:02 PM CH02/22242448.RED -6- Preliminary Landscaping Plans) with those procedures for approval of a Final PUD Plan and Plat (including Final Engineering and Final Landscaping Plans) into one Preliminary and Final Plan approval procedure at the City's Plan Commission and City Council, so long as the Preliminary and Final PUD Plan and Plat (including Preliminary and Final Engineering and Landscaping Plans) are in substantial conformance with the Concept PUD Plan, Concept Engineering Plan and Concept Landscape Plan attached hereto, they shall be approved by the City. Failure of the City to comply with this subsection shall result in Petitioner's right to Disconnect the Property from the Village, and to seek and obtain any other legal remedy available to Petitioners. As used herein, the terms Preliminary Plan, Preliminary Plat, Preliminary Engineering, Preliminary Landscaping or any variations on the above shall mean Preliminary and Final PUD Plan, Preliminary and Final Engineering Plan, Preliminary and Final Landscaping Plan and any reasonable variations thereof. (b) The] Subject Property shall be developed in the manner and in accordance with the development concept set forth in the Concept PUD Plan, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Subject Property as provided in Paragraph{&)- [4B] of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets and sidewalks within, upon and serving the Subject Property, shall be (substantially as provided in the Preliminary) [in substantial conformance with the Concept] Engineering Plan. (iii) DEVELOPER is authorized to undertake mass earthwork and grading of the Subject Property, or so much thereof as DEVELOPER shall choose, after approval of the Concept PUD Plan prior to approval of preliminary and final plat and preliminary and final engineering and in accordance with the City's Soil Erosion and Sediment Control Ordinance at Developer's sole risk. B. Approval of Preliminary/Final Plat and Preliminary/Final Engineering. (i) DEVELOPER shall have the right to develop the Subject Property in such number of phases or units (individually a "Phase of Development" and collectively the "Phases of Development") as DEVELOPER may from time to time determine in its sole discretion. Developer shall be permitted to submit a preliminary plat for the entirety of the Subject Property, and at the same time submit its final plat for the first phase (Phase I) of 12/17/03 3:02 PM CH02/22242448_RED -7- Development. CITY may require final engineering for certain elements of additional phases as they may affect the final plat for which approval is sought. Nothing herein requires construction of elements outside of the phase of development for which final plat approval is sought except to the extent that an public utility improvements are required [to serve the platted subject phase]. (ii) Upon the submittal by DEVELOPER to the CITY of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plan") for a Phase of Development, which substantially conform with the Concept PUD Plan and approved preliminary plat as to such Phase of Development, the CITY shall promptly approve such Final Plat, so long as it is in substantial conformity with the approved Concept PUD Plan, and in compliance with applicable law, and cause the Final Plat to be duly recorded with the Kendall County Recorder's office provided DEVELOPER complies with applicable CITY regulations pertaining to (a) the posting of the applicable Security Instruments, as defined in Paragraph 7 of this Agreement, for such Phase of Development, and (b) the payment of applicable fees to the CITY as provided for in this Agreement. The CITY shall cooperate with DEVELOPER to secure such approvals as may be required by other governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and Final Engineering Plan are referred to herein collectively as the "Final Plans". (iii) Concurrent with and prior to recording a Final Plat for CITY's review of Final Plans for a Phase of Development, DEVELOPER shall submit to the CITY for its review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration") which will be used by DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of DEVELOPER to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 24 hereof, for the ownership, care and maintenance of the common open space areas within the Subject Property as listed in Exhibit "F" attached hereto ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded for each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Backup or Latent SSA, as defined in Paragraph 24 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph (24), to fund the cost of maintaining the Common Facilities. 12/17/03 3:02 PM CH02/22242448.RED -8- C. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County "Right to Farm Statement" language and a "Statement Authorizing Continuing Business Operations" attached hereto as Exhibit "G" on each Final Plat of Subdivision. 5. DEVIATIONS FROM LOCAL CODES. The specific deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit { "}f `Q"1 attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Subject Property ("Permitted Deviations"). 6. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of the following utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied or modified by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A-1. Sanitary Sewer Facilities. The City represents but does not warrant to OWNER and DEVELOPER that the sanitary sewer facilities that serve or will serve the Subject Property, owned and operated by the Yorkville-Bristol Sanitary District (YBSD) have sufficient capacity to adequately serve the needs of DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. Subject to legal review and YBSD commitment (OWNER and DEVELOPER shall cause the 43-acre portion more or less, of the Subject Property not previously done so, or such developable portions thereof as may be appropriate, to be annexed to the YBSD for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of the YBSD. The installation of sanitary sewer lines to service the Subject Property and the connection of such sanitary sewer lines to the existing sewer lines of the YBSD shall be carried out in substantial compliance with the Final Engineering Plan as approved by the CITY and by the YBS District as required for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act ("IEPA"), permitting the construction and connection of the sanitary sewer lines to the YBSD facilities, in order to facilitate the development and use of each Phase of Development of the Subject Property. Furthermore, the City may {fie} use its power of condemnation if necessary to secure the necessary easements to obtain the sanitary sewer main extensions and the cost and expense incurred by the CITY shall be paid by OWNER/DEVELOPER and added to the recapture amounts described in the 1997 Annexation Agreement. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to the YBSD and the YBSD shall take ownership of and, at its 12/17/03 3:02 PM CH02/22242448.RED -9- expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines. The sanitary sewer lines which are less than eighteen (18) inches or smaller in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. A-2. The CITY represents and warrants to DEVELOPER that there is no administrative, judicial, or legislative action pending or being threatened that would result in a reduction of, or limitation upon, any party's right to use the sanitary sewer. B-l. Water Facilities. The CITY represents and warrants that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for- domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering Plan, subject to review and approval of the Final Engineering Plan for each Phase of Development. The CITY agrees that it shall, without cost to DEVELOPER, extend its existing water main to the Subject Property and obtain necessary temporary easements. City to construct the necessary public watermain infrastructure, and DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall, at its expense, procure sufficient temporary construction and permanent utility easements adjacent to the Subject Property ("Offsite Water Easements") to enable the CITY to construct the Offsite Water Extension in a timely manner to provide water service to the Subject Property. B-2. OWNER and DEVELOPER agree, upon (recordation) [approval] of this agreement [by the City Council] to execute and grant to the City the necessary 12/17/03 3:02 PM CH02/22242448.RED -10- easements to construct CITY water main facilities in accordance with the easement agreement attached hereto as Exhibit I. B-3 The CITY represents and warrants to DEVELOPER that the CITY'S potable water, fire flow and water storage facilities have sufficient capacity to adequately serve the needs of the DEVELOPER and occupants of the SUBJECT PROPERTY as developed pursuant to the terms of this Agreement. The City has notified the DEVELOPER that the CITY is currently not in compliance with a State mandated program to reduce the level of radium in the City's water supply. C. Permits. (i) DEVELOPER agrees to contribute to the Temporary and Permanent Sanitary Sewer Inceptor, Pump Station and Force main improvements, as identified on the attached Rob Roy Creek Interceptor plan prepared by Yorkville-Bristol Sanitary District (YBSD) and attached hereto as Exhibit -p1491"I".["I". The City agrees to reserve sufficient capacity within the Proposed Temporary Lift Station to accommodate Developer's proposed project as identified on Exhibit"C"1. Furthermore, DEVELOPER agrees to prepay (its')[its] proportionate share of the fees necessary to fund the engineering and Facilities Plan Area Amendment. Said prepayment calculation shall be based upon the estimates of funds required, divided by the total land area to be immediately serviced by the Temporary Pump Station and Force Main improvements. At the time of this document, the fees to be prepaid by DEVELOPER are anticipated to be approximately $180,000. D. Recapture. The CITY represents and warrants to DEVELOPER that DEVELOPER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to pay sewer and water connection fees subject to the terms of this Agreement. Notwithstanding the foregoing, the method for financing water and sanitary sewer extensions to the SUBJECT PROPERTY has not been determined, and is not being waived by the CITY; provided such financing does not result in any cost or expense to OWNER or DEVELOPER other than customary connection fees not otherwise prohibited by this Agreement and that are applicable on a city-wide basis. E. Storm Water Facilities. (i) DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Subject Property, in substantial conformity with the (Preliminary) [Concept] Engineering Plan, subject to review 12/17/03 3:02 PM CH02/22242448.RED -1 1- and approval of Final Engineering Plan for each Phase of Development, in the following manner: (a) Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the (Preliminary) [Concept] Engineering Plan, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. (b) Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the (Preliminary) [Concept] Engineering Plan within that part of the Subject Property designated on the Preliminary Engineering Plan for such purpose, subject to review and approval of Final Engineering for each Phase of Development. (ii) Unless required by a superior governmental authority the CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. The foregoing notwithstanding, any so called "grandfather" provisions contained in the mandate of such superior governmental authority referred to in the previous sentence, which would serve to exempt or delay implementation against the Subject Property, shall be given full force and effect. (iii) The CITY shall direct its consultant, Engineering Enterprises, Inc. (EEI) to diligently pursue the required approvals for the Rob Roy Creek Flood Study through the requisite state and federal agencies. If said study has not +been approved by state agencies) [received the requisite approvals] at the time of the first final plat submitted by DEVELOPER to the CITY for approvalid then the EEI study shall (govern the) [serve as a basis for approval of ]development +e#3- [for] the SUBJECT PROPERTY. [Notwithstanding the foregoing, if the EEI Study, as approved, is further revised and the flood plain area is found to be modified or reduced. DEVELOPER reserves the right to modify any Concept Drawings, Preliminary Plat, or Agreement subject to review and approval by City in accordance with City Ordinances. Such modifications shall not result in any net increase of density for the Subject Property. (iv)] Should any portion of the subject property contain a flood plain as is disclosed by the Rob Roy Creek Plain Study being conducted by Engineering Enterprises, Inc. on behalf of the City, Owner/Developer agrees that the City Subdivision Control Ordinance and Zoning Ordinance shall apply and Developer/Owner shall not build any homes on proposed lots that are disclosed to be within a flood plain area, unless said flood plain has been redefined in accordance with applicable regulations]. In the event the Flood Plain Study 12/17/03 3:02 PM CH02/22242448.RED -12- discloses lots that become unbuildable, Owner/Developer reserves the right to petition to amend, or modify any Concept Drawings, Preliminary Plat, or Agreement to shift location of Platted lots in order to maintain the density granted to Owner/Developer on the Concept PUD Plan, including the right to Petition for a Letter of Map Revision and the right to Petition to Amend the Residential Class of Zoning to accomplish the foregoingL1 ((iv))fly)]. The CITY shall approve a minimum of 15% of the area dedicated to stormwater management for the PROPERTY, to satisfy that proportionate share of the "additional open space requirements calculations" as outlined in the current United City of Yorkville Land Use Plan, adopted September 10, 2002, and in accordance with the calculations depicted on the Open Space Allocation Exhibit attached as Exhibit"J". ((v))ffyill The DEVELOPER shall make improvements to the existing Rob Roy Creek drainageway as proposed on the Conceptual Open Space Plan (Exhibit "D"). The CITY shall not require additional improvements (beyond those set out on Exhibit "D") to the Rob Roy Creek unless such improvements are universally applied by the CITY to all properties within the Rob Roy Creek Watershed. [Developer shall dedicate to the City and the City shall accept ownership of all open space other than the Regional Bicycle Trail. The Westbury Village Homeowner's Association (WVHOA)will maintain the dedicated open space and the City will establish a dominant or "back-up" Special Service Area (and the WVHOA covenants, limitations and restrictions (Exhibit F) will so allow), to provide funds for open space maintenance in the event the WVHOA fails to meet its maintenance responsibilities.) F. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Subject Property in substantial conformity with the Final Engineering Plan as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Subject Property pursuant to the approved Final Engineering Plan for each Phase of Development shall be covered by the appropriate Security instrument, but shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by DEVELOPER as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path, constructed in accordance with the Final Plat and Final Engineering Plan, located in the public right of way. 12/17/03 3:02 PM CH02/22242448.RED -13- 7. SECURITY INSTRUMENTS. A. Posting Security. DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit, contractor's performance bonds or surety bonds as Developer, in its sole discretion shall choose, ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "K," attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, shall from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground and Streets. Upon completion and inspection of street and related improvement and underground improvements in each Phase of Development; and acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the CITY Subdivision Control Ordinance. Notwithstanding the foregoing, [the installation of] the final surface course for streets shall not be required {to be installed) prior to the appropriate reduction of any applicable security instrument. C. Transfer and Substitution. Upon the sale or transfer of any portion of the Subject Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein by the proposed DEVELOPER. 8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the Public Works Committee or other designated Committee not later than 12/17/03 3:02 PM CH02/22242448.RED -14- 30 days subject to force majeure from the date of DEVELOPER's request for approval of any Public Improvements. Said request shall be made in writing by DEVELOPER. 9. AMENDMENTS TO ORDINANCES. A-1 . _ -- ., • -- . . -• • • - -' .. -- .. _ -- - . iding, without limitation those pertaining to subdivision controls, zoning, stormwater management and drainage, building -code requirements, so long as they do not affect the City's International Standards Organization(ISO) insurance Subject Property and its development, for a period of five-(5) year; from the date of this Agreement. A-2). Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Subject Property except upon the written consent of DEVELOPER during said five (5) period. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Concept Plan for the Subject Property, alter or eliminate any of the ordinance variations modifications, departures or deviations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, (i) in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the Subject Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. Nothing herein shall be construed as to prevent OWNER or DEVELOPER from contesting or challenging any such mandate of any superior governmental authority at the sole cost of OWNER or DEVELOPER in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the Subject Property in any administrative or judicial forum having jurisdiction, (ii) The ordinance amendments pending on the Date of this Agreement and specifically identified and attached hereto as Exhibit "L" shall apply to the Subject Property as though they had been approved by the City Council in substantially the same form, content and wording as those copies attached hereto as Exhibit "L" and [to the 12/17/03 3:02 PM CH02/22242448.RED -15- extent they are] effective and applicable generally to all property in the City, within thirty (30) days of the date of this Agreement'', except that, should the final applicable form of such ordinance amendments, as passed by the City Council be more favorable to Developer, than the form(s) attached as Exhibit L, then the more favorable, approved and applicable versions of said ordinance amendments shall replace Exhibit L.1 ) [A-21. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the City's ISO insurance rating shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the Subject Property or any Parcel or Phase thereof, (ii) affect the CITY'S Bulk Regulations, including, but not limited to, setback, yard height, FAR and frontage requirements, (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified under this Agreement, (iv) interpret any CITY ordinance in a way so as to prevent DEVELOPER or its assigns from developing the Subject Property or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER and DEVELOPER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the Subject Property and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then DEVELOPER, at its election, shall be entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property and any Parcel or Phase thereof. A-(1) j3J. DEVELOPER and all successor developers of the Subject Property or any Parcel or Phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendment(s) to the CITY'S ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY'S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the Subject Property or any Parcel or Phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes, regulations and resolutions of the CITY. 12/17/03 3:02 PM CH02/22242448.RED -16- B. Performance Standards. The CITY agrees to the following (lot sizes and widths) f design standards for the land use areas as shown on the (P [Concept PUD Plant (each of the land use areas is referred to as a"Pod"): 1. Single Family—Detached (Pod 1 — 85 units; Pod 2-120 units; Pod 6-84 units): a. Minimum Lot Size shall be 12,000 square feet, unless the lot abuts open space of not less than (25'feet) [25' in depth', in which case the Minimum Lot Size may be reduced to 10,000 s.f.; except on lots adjacent to Galena Road and Illinois Rte. 47, in which case the minimum open space shall be 25' in depth in addition to the 30 foot roadway landscape buffer; b. Minimum Lot Width— 80 feet; 2. Courtyard Homes— Single Family Attached - (Pod 3 — 128 units; Pod 7- 177 Units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; b. Minimum building envelope area shall be 9,000 square feet; c. Minimum building envelope width shall be 90 feet; d. Maximum Lot Coverage of each pod shall not exceed thirty percent (30%); e. Maximum number of dwelling units per building shall not exceed eight (8). 3. Townhome - Single Family Attached(Pod 5-146 units; Pod 8-150 units): a. Maximum gross density shall not exceed eight (8.0) dwelling units per acre; b. Minimum building envelope area shall not exceed 9,000 square feet; c. Maximum Lot Coverage of each pod shall not exceed thirty percent (30%); 12/17/03 3:02 PM CH02/22242448.RED -1 7- e. Maximum number of dwelling units per building shall not exceed eight(8). 4. Commercial Area. a. Standards - Site plan to be submitted with preliminary and final (PUD1 plan for Commercial Area in the B3 Service Business District—to be developed in accordance with standards in effect at the time of the execution of this Agreement, and subject to the PUD process. C. Residential Setbacks. The City agrees to the following setbacks as shown on the Concept Plan: 1. Single Family—Detached—(Pods 1, 2, and 6): a. Front yard 30' b. Exterior corner side yard (204[30' (25' on lots containing a 3- car garage)] c. Side yard 8.5' (7.5' on lots containing a 3-car garage) The side yard setback for lots containing either public water or sanitary sewer mains or storm sewer in side yards shall be increased to 10' to accommodate this condition. d. Rear yard 40' 2. Courtyard Homes— Single Family Attached (Pods 3 and 7): a. Front yard (i) if adjacent to'internal].public right-of-way - 20' (ii) if adjacent to private street—20' from private roadway (iii) no public utilities shall be located within 15' of any building, as measured perpendicular to the (street) [utilities] b. Exterior corner side yard 20' c. Side yard 10' d. Rear yard 25' unless adjacent to the Rob Roy Creek Open Space Corridor, in which case the rear yard setback may be reduced to 10' 12/17/03 3:02 PM CH02/22242448.RED -18- 3. Townhome Parcel— Single Family Attached(Pods 5 and 8): a. Front Yard (i) if adjacent to [internal] public right-of-way - 20' (ii) if adjacent to private street—20' from edge of pavement(if the driveway access to the public street is provided in this location, then the setback shall be 30' b. Exterior corner side yard 20' c. Side yard 10' d. Rear yard 25' unless adjacent to the Rob Roy Creek corridor open space, said setback may be reduced to 10' 4. Minimum Building Separations (Pods 3, 5, 7 and 8)up to ten percent (10%) of the buildings in each pod are permitted to have building separations as follows: a. Rear to rear 50' b. Front to side +4-04J301 c. [Rear) [Front] to front 0')[40'J d. all other minimum building separations shall be as (per the City's Ordinances) [follows: i. Rear to rear 60' ii. Front to side 40' iii. Rear to front 80' iv. Garage to garage 60' v. Side to rear 40' vi. Side to side 20' vii. Front to front 50'1 5. Commercial Area— Standards— Site plan to be submitted with preliminary and final IP��plan. 12/17/03 3:02 PM CH02/22242448.RED -19- D. Clubhouse/Recreational Facilities. Developers agree to substantially complete the clubhouse and other recreational facilities on or before December 31, 2008, subject to force majeure, abnormal weather conditions and delays that are solely within the control of the City. 10. BUILDING PERMITS AND RELATED INSPECTIONS. A. The CITY shall act upon each application for a building permit for which DEVELOPER, or its duly authorized representative, in accordance with the approved final plat and approved final engineering for the development of any Phase of the Subject Property, shall apply, within fifteen (15) business days of the date of the application therefor or within fifteen (15) business days of receipt of the last of the documents and information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including specifications of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. B. Subject to any other necessary governmental regulatory approval, the CITY shall permit DEVELOPER, and its duly authorized representative, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the Subject Property or any Parcel or Phase thereof,provided that each such temporary tank and temporary water facility shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at DEVELOPER'S sole cost, at such time as sewer and water systems become available. C. No permit fees, plan review fees or inspection fees shall be imposed by the CITY unless the same are lawful and being collected by the CITY from owners, users and developers of similarly situated and zoned property within the CITY limits as of the date of the imposition of such fees. 11. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit "F". Notwithstanding the provisions of Paragraph 9 of this Agreement, all national Agreements, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement, shall be applicable to the Subject Property upon the expiration of the twelfth (12th) month following the effective date of such Agreement, deletion, or addition, whether during the five (5) year period next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for herein and so long as they do not affect the City's ISO insurance rating. 12/17/03 3:02 PM CH02/22242448RED _20_ 12. FEES AND CHARGES. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 13. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, except as otherwise expressly provided in this Agreement. The City expressly acknowledges that park donations are within the City's control and incorporated herein. 14. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District#115 ("School District") and the United City of Yorkville Parks and Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Subject Property in the manner provided for under this Agreement: A-l. School Contribution. OWNER or DEVELOPER shall provide a combination contribution of land to the School District and cash-in-lieu of land to the School District for use by Yorkville Community School District 115 for a school building and associated grounds ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the PUD Plan, is 26.162 acres. OWNER or DEVELOPER shall cause fee title to no less than 15.0 acres of land ("School Site"), identified on the Concept PUD Plan, to be conveyed to the School District, in partial satisfaction of the School Contribution. The balance of the School Contribution shall be paid by a cash contribution not to exceed $647,396.00 in accordance with the 1997 Annexation Agreement, as applicable, at the time that building permits are issued by the City for residential units and in the amount attributable to number of residential units for which said building permits are then issued. The School Site shall be maintained by the DEVELOPER until such time that it is conveyed in such manner and at such time as required by applicable ordinances of the CITY. The OWNER or DEVELOPER shall convey the School Site to the School District no later than the time when the final plat for the unit containing the School Site is recorded with the Kendall County Recorders office. Prior to conveyance of the School Site, DEVELOPER shall, at its expense, grade, seed and prepare the School Site in accordance with the approved Final Engineering. The School Site is combined with the Park Site, as defined in Paragraph_ of this Agreement, and shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. A-2 If the School Site is not actually used for the construction of a school building and associated grounds within eight (8) years after recordation of the Final Plat for which said parcel is located, then the School Site shall be re-conveyed to the OWNER or DEVELOPER to the entity that originally 12/17/03 3:02 PM CH02/22242448.RED -21- conveyed said Property or their respective successor which shall pay an amount equal to the then most recent cash-in-lieu school land/cash payment to the School District equivalent to the School Site Donation. The CITY shall assist, at DEVELOPER's expense in obtaining the reconveyance of the School Site to DEVELOPER or DEVELOPER's successor including utilizing its power of eminent domain, if necessary. Any future use on subject property shall be in compliance with Adjoining R-2 properties and subject to future City review and Plat approval. A-3. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of$3000.00 per unit for residential units within the Subject Parcel. Attached hereto and incorporated as Exhibit M to a letter from the Yorkville School District action to reserve 15.0 acres of land for a future school site in lieu of that proportionate share of cash. All school transition fees will be paid at the time issuance of building permit. No other existing or future school transition fees or school impact fees of any kind will apply with respect to the SUBJECT PROPERTY. A-4. The method of payment will be in accordance with the CITY's procedure for such payments as of the date of this Agreement. This procedure is for the builder of a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the amount paid and then for this receipt to be presented by the BUILDER to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land and cash-in-lieu of land to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, as depicted on the Concept PUD Plan is 24.035 acres. OWNER or DEVELOPER shall cause fee title to not less than 12 acres of land [located above the 100-year floodplain] (the Park Parcel) identified on the Concept PUD Plan to be conveyed to the CITY, in partial satisfaction of the Park Contribution. The balance of any Park Contribution shall be paid by a cash contribution not to exceed $698,057.00 in accordance with this Agreement as applicable and CITY ordinances at the time that building permits are issued by the CITY for residential units, and in the amount attributable to number of residential units for which said building permits are then issued. of this agreement. The Park Site shall be maintained by the DEVELOPER until such time that they are conveyed •- - - ., . -- . - •-- . . . . applicable ordinances of the CITY) [to the City. Each separate Park Parcel, or portion thereof, shall be conveyed to the City within 18 months of City Council approval of the final subdivision plat containing said Park Parcel]. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering and Park Development standards. [DEVELOPER shall receive 50% credit toward the dedication of the 3.2 Acre Park Regional Trail Parcel as identified on the Concept PUD Site Plan (attached hereto as Exhibit C). DEVELOPER, at its 12/17/03 3:02 PM CH02/22242448.RED -22- sole discretion, may elect to construct the trail improvements within said parcel in accordance with Yorkville Park Department Development Standards, or contribute the remaining 50% area (equal to 1.6 acres) as cash-in-lieu fees at the aforementioned contribution rate of S58,000 per acre.] C. The following fees shall be paid to the CITY for each unit: Development fees. Public works $ 700 Police $ [300 Engineering) [300 Engineering] $ 100 Parks $ 50 Building $ 150 Library $ 500 Bristol/Kendall Fire $ 300 City Sewer Connection Fee $2,000 City Water Connection Fee-f$-- -Single family ($2,600) [52,2001 attached -Single family ($2,200) ($2.6001 detached Water Meter Fees -Detached Units $ 250 -Attached Units $ 325 D. Roadway Improvement Contributions — The City agrees that the Developer's contribution for Roadway Improvement Contribution shall be satisfied with Developer completing improvements to the adjacent portions of Corneils Road and Galena Road in conformance with these improvements identified in the attached Exhibit P. Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. DEVELOPER agrees to prepay 50% of the Bristol-Kendall Fire Fee for the Subject Property, in the amount of$133,500 to be paid at the time of recordation of the first Final Plat, and the balance to be paid with each subsequent plat, for a total payment not to exceed $267,000.00 12/17/03 3:02 PM CH02/22242448.RED -23- DEVELOPER agrees to pay a Siren Fee for the Subject Property of $75.00 per acre,paid in phases at time of such final plat for a total payment of$22,500.00. DEVELOPER agrees to pre-pay the Municipal Building Fee of $150 per unit within thirty (30) business days of recordation of this agreement, in an amount not to exceed $133,500. DEVELOPER shall be permitted to apply the cost previously advanced by Developer from the Rob Roy Creek Flood Plain Study toward the total amount due for the Engineering Fees, in an amount not greater than $25,000.00 DEVELOPER shall be permitted to apply the cost previously advanced under the 1997 Annexation Agreement to the Yorkville Police Department against the fees due for the Police Department, in the amount not greater than $27,500.00. At the occurrence of submittal of each Final Plat of Subdivision, the City may request partial pre-payment in an amount not more than fifty (50%) percent of portions of the Development Fees as identified in Paragraph 14.C. above. Such fee pre-payment requests shall be based upon a comprehensive study conducted and funded by the City, showing a specific need. Notwithstanding the foregoing, the election to pre-pay any and all Development fees pursuant to this paragraph shall be at the DEVELOPER'S sole discretion. The pre-payment of Development Fees shall not be a pre-requisite for approval of any Final Plat or Plan, and the Developer's election to forego pre-payment of Developments Fees, if requested by the City, shall not prejudice the City's review of same or of any other review or issuance of any permit or entitlement hereunder or pursuant to ordinance or statute. IE. All contributions, fees, import fees or other payments from Developer or Owner, as set forth. 1 15. PROJECT SIGNS. A. Residential Development Signs. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Subject Property, DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision identification, marketing and location signs for the residential portion of the Subject Property at such locations within the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, or subject to 12/17/03 3:02 PM CH02/22242448.RED -24- the requirements of any permitting authority other than the CITY or any commercially available offsite sign. Each Offsite Sign may be illuminated, consistent with the City's Signage ordinance. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Undesser Property as identified in Exhibit D, attached hereto. Nothing herein shall limit the right of Developer to construct, maintain and utilize any number of additional offsite subdivision identification, maintenance and location signs for the residential portion of the Subject Property at locations outside the corporate limits of the City or the number of such signs. B. Commercial Development Signs. To be submitted with building plans for this area. 16. CERTIFICATES OF OCCUPANCY. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the Subject Property or any Parcel or Phase thereof within ten(10) working days after proper application therefor or within ten(10) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application of all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. 17. MODEL [HOMES/PRODUCTION UNITS) JHOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE]. During the development and build-out period of the (Subject Property) [SUBJECT PROPERTY] (subsequent to final plat approval), [OWNERS and] DEVELOPER, and such other persons or entities as [OWNERS and] DEVELOPER may authorize, may construct, operate and maintain model homes [and sales trailers] within the (Subject Property) [SUBJECT PROPERTY] staffed with [OWNERS' and] DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices [for Grande Reserve]. The number of such model homes and f sales trailers and] the locations thereof shall be as from time to time determined or authorized by [OWNERS and] DEVELOPER. [No off) Winstreetparking shall be required for (any model home )[model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row.with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. 12/17/03 3:02 PM CH02/22242448.RED -25- No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row] other than the driveway for such model (home) [home/sales trailer] capable of parking (two (2)) [three (3)] cars outside of the adjacent road right-of-way. Building permits for (up to five (5)) model homes (per pod,)[, sales trailers] and for up to fifteen (15) production dwelling units [for each neighborhood], shall be issued by the CITY upon proper application (therefor) [thereof] prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles(,) [and] upon submission of a [temporary] hold harmless letter to the CITY and the (Yorkville )Bristol] Kendall or Oswego] Fire Protection District). (Prior to issuance of occupancy permits of model homes,) [A final inspection shall be conducted prior to the use of a model home and] water shall be made available within 300' of the model (homes) [home]. There shall be no occupation or use of any [model homes or] production dwelling units until the binder course of asphalt Lial on the street, [and no occupation or use of any production dwelling units until] the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. [OWNERS and] DEVELOPER may locate temporary sales and construction trailers upon the (Subject Property) [SUBJECT PROPERTY] during the development and build out of -ft' ct Property) [said property], provided any such sales (trailers) {trailer] shall be removed within two (2) weeks following issuance of the final occupancy permit for the (Subject first occur) [SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space]. Prior to construction of the sales trailer the [OWNERS and] DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. Y.- ....•- c. i * ' P hereby agrees) [OWNERS and DEVELOPER shall have the right to operate a sales office out of the Clubhouse which shall be located north of neighborhood 12 within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree] to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. [OWNERS and] DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each (Phase of Development) [neighborhood] as the Final Plat and Final Engineering for each such (Phase of Development) [neighborhood] is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of (Indemnitees) [Indemnities] for each (Phase of Development) [neighborhood]. 12/17/03 3:02 PM CH02/22242448.RED _26- 18. CONTRACTOR'S TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property other than proposed ROW, lands to be dedicated to the Public, or floodplain areas within the required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Subject Property until the issuance of the last final building permit for the Subject Property. 19. TEMPORARY SALES OFFICE TRAILERS. The City agrees to allow the Owners/Developer or Builder to construct and use no more than five (5) temporary sales office trailers, subject to Developer or Builder submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. Said temporary sales office trailer may be constructed within the area referred to as Pod 7 on the Concept Plan. Temporary sales office trailers shall be removed at the earlier of such time as the model home/s or model unit/s being served by said temporary sales office trailer are available for model occupancy, or when 95% of all units on the Subject Property have occupancy permits. 20. TEMPORARY PARKING. The CITY agrees to allow DEVELOPER to construct temporary parking facilities (with binder course asphalt) or other appurtenances to the model units and sales office prior to recording a final plat of subdivision for that Phase of the Subject Property upon which the model units and sales offices are to be located subject to the approval of the CITY and compliance with the CITY'S building codes. 21. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Subject Property, for any of the public improvements constructed to develop the Subject Property for the purpose of serving property other than the Subject Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 23.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the owner(s) of properties (benefitted) [benefited] by the same. The improvements which qualify as oversized and the identity of the (benefitted) [benefited'properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 22. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002 ed.), shall the CITY require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 23. RECAPTURE AGREEMENTS. A. (Benefittina1 [Benefiting' the Subject Property. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et seq. of the Illinois Compiled Statutes (2002 ed.), at the request of the DEVELOPER, the CITY shall enter into agreements for recapture ("Recapture Agreement or "Recapture Agreements") with DEVELOPER providing for the recapture by DEVELOPER of a portion of the cost of certain improvements as identified on Exhibit "N" 12/17/03 3:02 PM CH02/22242448.RED -27- attached hereto ("Recapture Improvements"), constructed by DEVELOPER which the CITY has determined may be used for the benefit of property (("Benefitted) [("Benefited] Property") not located within the Subject Property which connects to or is otherwise (benefitted) [benefited] by said improvements. Each Recapture Agreement shall be substantially in the form as attached hereto and made a part hereof as Exhibit"N". B. Encumbering the Subject Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Subject Property of which the CITY has any knowledge, or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Subject Property to any of such public utilities, nor does the CITY have any knowledge of any pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the Subject Property. 24. SPECIAL SERVICE AREA. A. Public Improvements to be Financed by SSA Bonds. In order to provide for the maintenance of open space and trail areas OWNER and DEVELOPER agree to execute a consent to the creation of a Special Tax Service Area and have approved Ordinances encumbering all residential units within the Subject Property, in the event the Homeowners Association for Westbury Village fails to carry out its maintenance responsibilities. The development of public improvements on the PROPERTY shall be in compliance with all Ordinances of the CITY except as modified herein, and the Preliminary Plat of Subdivision. In addition, said public improvements shall be approved by the City's staff or engineering consultants. Final Plat approval by the City Council shall be in conformance with the City's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and of Review Fees Ordinances, Land-Cash Ordinance, School Transition Fee Ordinance, and Development Fee Ordinance, which have been voluntarily contracted to between the parties and agreed to by OWNER and DEVELOPER as a condition of approval of this Planned Unit Development Agreement. Except to the extent modified by this Agreement, the Preliminary Plat and Final Plat of each phase of development, shall comply with all requirements as set out in the City's Zoning Ordinance and Subdivision Control Ordinance at the time commencement of construction is initiated. No change in the City's Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of Consultants and Review Fees Ordinance, School Transition Fee, and Development Fee, which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes, setbacks, performance standards, or other standards or requirements for this Development except as provided for in those Ordinances in effect at the time of execution of this Agreement or as 12/17/03 3:02 PM CH02/22242448.RED _28- modified herein or in any of the attachments hereto. Except as modified herein, DEVELOPER and any successor developers, will be bound by changes in BOCA building codes, building material changes and the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory manner throughout the CITY. In the event any modifications or amendments occur in the City's Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit OWNER or DEVELOPER, said modifications shall be effective as to the Subject Property in the event OWNER or DEVELOPER desire to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. B. Improvements Special Service Area. CITY, OWNER and DEVELOPER and their respective successors, assignees and grantees, agree to cooperate in establishing a special service area ("SSA") for the Subject Property to be utilized as a primary funding mechanism for the funding of certain eligible infrastructure costs in accordance with the CITY's Special Tax Bond Policy attached as Exhibit "0". The City retains the right to choose SSA administration team provided that act is an expeditious fashion. C. Special Service Area-Financing. The CITY agrees that if requested by DEVELOPER, the CITY shall cooperate with DEVELOPER in the establishment of a funding mechanism including, without limitation, sales tax rebates or creation of a Special Service Area (SSA) or other public funding mechanism for the purpose of financing all public improvements within the Subject Property or any part or parts or Phase or Phases thereof then owned by the requesting DEVELOPER, including, without limitation,potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit the Subject Property, sanitary sewer facilities, and other public improvements which are acceptable to the SSA and underwriter(s). Such cooperation will include, without limitation, the enactment of ordinances to: (i) create a Special Service Area Tax, and (ii) authorize the issuance and sale of bonds so long as such bonds have no recourse to the CITY; as may be requested by DEVELOPER consistent with CITY policy as established by City Resolution#2002-04, which is attached hereto and incorporated herein by reference. D. Economic Development Incentive Agreement. CITY agrees that, if requested by Developer, the City shall enter into an Economic Development Incentive Agreement for Sales Tax rebates for Public Infrastructure Improvements for the Commercial Area of the Subject Property only. Such sales tax rebates shall be sufficient to provide the cost of Public Infrastructure Improvements reasonably required for authorized commercial uses in the Commercial Area, and shall be paid over such period and in such amount as necessary to retire financing obligations incurred by the City, or private commercial developers to provide said 12/17/03 3:02 PM CH02/22242448.RED -29- Public Infrastructure Improvements, including but not limited to purchase and installation of structures, engineering and legal fees. E. Onsite Easement and Improvements. In the event that during the development of the Subject Property, DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Property in accordance with the Preliminary Plat, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary Plan and this Agreement, the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. The CITY also agrees to support and cooperate with OWNER and DEVELOPER to obtain access to IL Route 47 and/or Galena Road, with applicable government agencies. 25. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of Development is recorded, the CITY shall obtain all offsite easements necessary for the development of such portion of the Subject Property in accordance with the Preliminary Plan. In the event an offsite easement is required which was not contemplated in the Preliminary Plan due to a change in circumstances, or in the event the CITY is unable to acquire such necessary offsite easement, the CITY shall exercise its power of eminent domain to acquire the same, in accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred as a result thereof. 26. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly known as Westbury Village in accordance with the Final Plat and Final Engineering Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY, unless the CITY shall be in material breach of this Agreement. Nothing herein shall preclude OWNER or DEVELOPER from pursuing any other remedy available to it, judicial or otherwise, for breach of this Agreement by CITY. 27. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 12/17/03 3:02 PM CH02/22242448.RED -30- 28. ANNEXATION FEE. The CITY hereby confirms and agrees that no City annexation fee shall become due or payable as a result of the development and build-out of the Subject Property as a result of the prior annexation of said property to the CITY. The CITY hereby waives all current and future annexation fees now or hereafter required under any ordinances of the CITY with respect to the Subject Property, except as otherwise provided in this Agreement. 29. TRANSFER. It is specifically understood and agreed that OWNER and DEVELOPER and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject Property or any Phase or Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations for ownership, operation, investment, building, financing, developing, construction and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER and DEVELOPER have under this Agreement, and upon such transfer, such obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole obligation of the transferees, except for any security posted by OWNER and DEVELOPER on any subdivided or unimproved property for which an acceptable substitute security has not been submitted to the CITY, and transferor shall be relieved of all duties and obligations hereunder relating to that portion of the Subject Property, Phase or Parcel so sold, transferred or assigned. Without limiting the foregoing provisions of this Paragraph 29, the indemnity, defense and hold harmless provisions of Subparagraph and Paragraph , shall be the obligation of the specific owner and/or owners of that portion of the Subject Property upon which such work and/or utility installation is occurring. 30. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER or DEVELOPER in applying for and obtaining any and all approvals or peiunits necessary for the development of the Subject Property, including, but not limited to those required from the IEPA, the Army Corps of Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER and DEVELOPER in obtaining all permits and approvals required by the YBSD, the County of Kendall and all other governmental units in connection with the contemplated development of the Subject Property. 31. GENERAL PROVISIONS. A. Enforcement. 1. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. 12/17/03 3:02 PM CH02/22242448.RED -31- 2. In the event of a material breach of this Agreement, the parties agree that the defaulting party shall have thirty (30) days after notice of said breach to correct the same prior to the nonbreaching party's seeking of any remedy provided herein; provided, however: (i) any breach by OWNER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health or safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 3. In the event the performance of any covenant to be performed hereunder by either OWNER, DEVELOPER or the CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case) the time for such performance shall be extended by the amount of time of such delay. 4. The failure of the parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall continue in full force and effect. B. Successors and Assinns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the 12/17/03 3:02 PM CH02/22242448.RED -32- parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to DEVELOPER: Ocean Atlantic 1800 Diagonal Road Suite 425 Alexandria, VA 22314 Attn: Michael Ferraguto Phone: (703) 299-6060 Fax: (703) 299-6199 with a copy to: Gardner Carton & Douglas 191 N. Wacker Drive Suite 3700 Chicago, IL 60606 Attn: Sanford M. Stein Phone: (312) 569-3000 Fax: (312) 569-3229 (ii) If to OWNER: John or Richard Undesser, Jr. with a copy to: Robert E. Nelson Attorney at Law Keystone Building 30 South Stolp Avenue, Suite 402 Aurora, IL 60506 Phone: (630) 892-4344 Fax: (630) 892-4371 12/17/03 3:02 PM CH02/22242448.RED -3 3-- (iii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, IL 60560 Phone: (630) 553-4350 Fax: (630) 553-7575 with a copy to: Daniel J. Kramer, Esq. 1007 Al South Bridge Street Yorkville, IL Phone: (630) 553-9500 Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect such portion or portions of this Agreement as remain. In addition, the CITY, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Property. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the Subject Property as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Property not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER or DEVELOPER to sell or convey all or any portion of the Subject Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors 12/17/03 3:02 PM CH02/22242448.RED -34- or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects, which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for due to any CITY-imposed moratorium and shall in no event unreasonably withhold approval of said peithits or approval for the Final Plat of any Phase of the subdivision. Unless specifically set forth to the contrary herein, nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. O. Highways 47, Galena Road, and Corneils Road Entrances. DEVELOPER agrees to comply and pay the cost of compliance with all requirements with regard to entrances into the development from State Highway 47, Galena Road and Corneils Road. P. Time Is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. 12/17/03 3:02 PM CH02/22242448.RED -35- Q. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. 12/17/03 3:02 PM CH02/22242448.RED -36- R.IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: CITY: OCEAN ATLANTIC CHICAGO, LLC, UNITED CITY OF YORKVILLE, an A Delaware Limited Liability Company By: Ocean Atlantic Service Corp., Manager By: By: John C. Carroll Mayor Title: President Attest: Dated: Dated: OWNER: ESTATE OF RICHARD & HENRIETTA UNDESSER By: Title: Dated: By: Title: Dated: 12/17/03 3:02 PM CH02/22242448.RED _3 7_ LIST OF EXHIBITS EXHIBIT"A" UNDESSER PROPERTY LEGAL DESCRIPTION EXHIBIT"B" ANNEXATION PARCEL LEGAL DESCRIPTION EXHIBIT "B-1" PLAT OF ANNEXATION EXHIBIT"B-2" AMENDED ZONING DISTRICT EXHIBIT"B-3" GRAPHIC DESCRIPTION OF AMENDED ZONING DISTRICT EXHIBIT"C" CONCEPT PUD SITE PLAN(Lannert Group latest revision dated November 6, 2003) EXHIBIT"D" CONCEPT LANDSCAPE PLANS (Lannert Group, latest revision dates of November 6, 2003) EXHIBIT"E" (PRELIMINARY) [CONCEPT] ENGINEERING PLAN (Cemcon, latest revision date of November 5, 2003) EXHIBIT"F" [DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS] {COMMON FACILITIES RECAPTURE AGREEMENT) EXHIBIT"G" RIGHT TO FARM STATEMENT [AND STATEMENT AUTHORIZING CONTINUING BUSINESS OPERATIONS EXHIBIT"H" YBSD—ROB ROY CREEK INTERCEPTOR PLAN, Dated October 6, 2003 EXHIBIT"I" EASEMENT AGREEMENT WATER MAIN FACILITIES EXHIBIT"J" OPEN SPACE ALLOCATION EXHIBIT EXHIBIT"K" SECURITY INSTRUMENT IRREVOCABLE LETTER OF CREDIT EXHIBIT"L" PENDING ORDINANCE AMENDMENTS EXHIBIT"M" YORKVILLE SCHOOL DISTRICT SCHOOL DISTRICT SITE LETTER 12/17/03 3:02 PM CH02/22242448RED -38- EXHIBIT"N" RECAPTURE IMPROVEMENT BENEFITTED PROPERTIES EXHIBIT"0" SPECIAL SERVICE AREA FINANCING EXHIBIT "P" ADJACENT ROADWAY IMPROVEMENT EXHIBITS [EXHIBIT "Q" DEVIATIONS FROM LOCAL CODES' 12/17/03 3:02 PM CH02/22242448RED _39_ NOTE PAGE 14 has two blanks for Exhibit referring to Rob Roy Creek Ditch proposed Open Space Plan and also another Exhibit for Additional Improvement Page 20 Exhibit K United Code of Yorkville Building Codes Effective Date Page 23 Blank Exhibit 12/17/03 3:02 PM CH02/22242448.RED -40- WARNING: This section retains the original formatting, including headers and footers, of the main document. If you delete the section break above this message, any special formatting, including headers and footers for the Table of Contents/Authorities section will be lost. If you delete the section break above the Table of Contents/Authorities, you will overwrite the headers and footers of the main document with Table of Contents/Authorities headers and footers. To delete the Table of Contents/Authorities, begin your selection at the section break above the TOC/TOA section and continue through the end of this message. 12/17/03 3:02 PM CH02/22242448.RED CH02/22242118.11 DRAFT) (CH02/22242448.151 This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : F:\DOCUMENTS\CH02\STEIS\AGTCORP\D8QpDS14!.DOC and revised document: F:\DOCUMENTS\CH02\STEIS\AGTCORP\D$QDS15!.DOC CompareRite found 126 change(s) in the text Deletions appear as Overstrike text surrounded by {} Additions appear as Bold+Dbl Underline text surrounded by [] 12/17/03 3:02 PM CH02/22242448.RED Jan . 16. 2004 12 : 06PM No . 3662 P. 2/2 _(It.. cc ---f Schoppe Vesr�n,Associates Landscape Architecture and Land Planning 430 W. Downer Place Ph. (630) 896-2501 Aurora, IL 60506 Fax (630)896-3228 January 16, 2004 MEMORANDUM To: Tony Graff, City Administrator From: Mike Schoppe, Schoppe Design Associates RE: Runge Property At this time, we have not received revised plans on the Runge Property since our last review in October. Therefore, we recommend that the 1/22 Plan Council meeting provide on update to the staff on the status of the project. We are expecting to receive the revised Preliminary Land Plan, Preliminary Engineering Plans and Preliminary Landscape Plan and other supporting documents which incorporate the comments in our October 17,2003 review memo. Please have these forwarded onto our office when available. cc: Joe Wywrot— City Engineer Liz D'Anna— Deputy Clerk John Whitehouse—EEI Matt Fiascone - Inland 01/15/04 THL 20:47 FAX 4669380__ E.E.I. U1001 (--C) ;Kris,,,Pli_q_„,, rof,: I-If l !!/ 52 Wheeler Road • Sugar Grove, IL 60554 K<1 irf y4 TEL: 630 / 466-9350 k yil'Sr FAX: 630 / 466-9380 www.eeiweb.com January 15, 2004 Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Runge Farm, (RED Baseline, LLC) United City of Yorkville Preliminary Plan Review Dear Joe: We have reviewed the referenced Preliminary Plan submittal consisting of the following materials: • Preliminary Engineering Plans prepared by Spaceco, Inc. with a latest revision date of October 9, 2003 • Preliminary Landscape Plans prepared by Gary R. Weber Associates, Inc. dated October 10, 2003 • Preliminary Stormwater Management Report prepared by Spaceco, Inc. dated October 7, 2003 • Memorandum from Christopher B. Burke Engineering, Ltd., dated December 19, 2003, regarding HEC-RAS hydraulic analysis performed for the Runge Farm. • Routine Wetland Delineation performed by EnCap, Inc., dated November 24, 2003 • Agricultural Existing Drain Tile Investigation Plan prepared by Huddleston- McBride Co., dated October 20, 2003. G:\PUBLIC\Yorkville12002\YO0223 Runge Property-Rt.47 and Baseline\docs\Iwywrot0l.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying 01/15/04 THU 20:97 FAX 4669380 E.E.I. 1002 We offer the following comments: General 1. The surveyor's name should be shown on the plans 2. Is "Runge Farm" the proposed name of the subdivision? If not, the proposed subdivision name should be shown on the plan. The name must not duplicate the name of any other platted subdivision in Kendall County. 3. The recorded length and bearing of the exterior boundaries of the subdivision should be shown. 4. The location and names of all adjacent subdivisions and the owners of parcels of un-subdivided land within 200' of the property should be shown on the plan. 5. Zoning on and contiguous to the subdivision should be shown. 6. Location, widths and names of all existing and platted streets, alleys or other known public ways and easements, etc. on the lands to be subdivided and within 150' of the proposed subdivision should be shown. 7. The approximate areas of all parcels of land intended to be dedicated or reserved for public use or to be reserved in the deeds for the common use of all property owners in the subdivision should be shown. 8. Layout and width of all new streets and rights-of-way such as highways, easements for sewers and water mains, sidewalks, trees, drainage ways and other public utilities should be shown. 9. Dimensioned setback lines should be shown. 10.Existing trees greater than 6" caliper should be shown on the plans. 11.The approximate dimensions and minimum lot areas should be shown in all single-family and two-family areas. 12.In multiple-family, commercial, industrial and other non-residential areas, the number of units, net and gross densities should be shown. Dimensioned building setback lines should be shown. Buffer areas and square feet of buildings for commercial or industrial portion of project should be shown. 13. The IHPA signoff regarding historic and archaeological resources and the IDNR signoff regarding endangered/threatened species or natural areas should be submitted with the Preliminary Plan. G:\PUBLIC\Yorkvillet2D021Y00223 Runge Property-Rt.47 and Baseline\docs1Iwywrot01.doc 01/15/04 THL 20:48 FAX 4669380 E.E.I. Ij003 Detailed Comments 14.According to the City's Subdivision Control Ordinance, the minimum right-of-way and roadway widths are 66' and 30' (back to back), respectively. The plans show a 60' right-of-way and 28' back to back roadway, respectively, for all streets. 15.The residential lots all appear to be sized to achieve a 12,000 sq. ft. area, which is the minimum lot size for this building type. Bringing the right-of-way width into conformance at 66 feet wide will result in a corresponding decrease in lot depth. This will leave all lots as shown substandard with respect to minimum lot size. 16.Dimensions are needed throughout the plans. Bearings should be included on all exterior property dimensions. 17.Front yard, back yard and side yard easements should be shown on the plans. Each lot should provide front and rear yard easements that are 10' wide and side yard easements that are 5' wide unless they are occupied by a sewer or water main in which case they should be 10' wide. 18.Curb radii for intersecting streets should be provided in accordance with the Subdivision Control Ordinance. Local residential streets intersecting local residential streets shall have curb radii that are a minimum of 30 feet. Local residential streets intersecting minor collector streets shall have minimum curb radii of 40 feet. 19.Any street classified as a minor collector shall have an 80' wide right-of-way and a 39' back to back pavement width. The Plan Council has recommended that the north-south roadway east of the proposed park site be proposed as a minor collector. Similar to comment No.15, this change in right-of-way dedication will reduce lot sizes below the 12,000-sq. ft. minimum. 20.Depending on projected traffic counts, the north-south roadway that serves the townhouse area may need to be proposed as a hybrid roadway with a 70' right-of- way and 34' back to back pavement width. 21.The townhouse area of the land plan should be modified to avoid driveway configurations that would have vehicles backing out of garages into the north- south roadway. Configurations such as those shown in townhouse Units 1 and 2 are strongly recommended. 22.If a connection between the commercial and residential areas is provided, lot 22 will need to be modified (relocated) to allow for the roadway connection. 23.The developer should verify that the Yorkville-Bristol Sanitary District is able to provide an invert elevation of 636.50 ± for their proposed interceptor at the southeast corner of the subject property. G:\PUBLIC\YorkviNe12002\Y00223 Runge Property-Rt.47 and Baseline\docs\Iwywrot0l.doc 01/15/04 THU 20:48 FAX 4669380 E.E.I. a 004 24.The viability and timing of this project is dependent of the construction of the Rob Roy Creek sanitary interceptor sewer by the Yorkville-Bristol Sanitary District. 25.Water main improvements on Baseline Road should be required through the excepted parcel between the east and west side of the development. This will avoid multiple dead end water main sections that can create potential water quality problems. Completion of this section of water main will also optimize the normal operating pressure and ensure the best available fire flows. The developer should be entitled to recapture the costs associated with this additional 650 feet of water main construction. 26.We believe there is a potential for Baseline Road, west of Rte. 47, to ultimately become a major collector. This will depend largely on the level of development north and west of the Runge Farm that is outside of Yorkville's planning area and also not in the adjacent communities' planning areas. it may be prudent to require the developer to provide for a 120-foot right-of-way on Baseline Line, by providing for 60 feet of right-of-way in the south half of Baseline Road. 27.We recommend that the developer be required construct the 39' back to back pavement section on Baseline Road from Rte. 47 to the west limit of the subdivision. This will most likely require reconstruction of the bridge just west of Illinois Route 47. Stormwater Management 1. Permits or sign-offs should be obtained from the following agencies: a. 1DNR Consultation Agency Action Report regarding endangeredlthreatened species or natural areas, b. IHPA Division of Preservation Services regarding Historic and Archaeological Resources. c. TEPA Division of Water Pollution Control regarding a Notice of Intent (NOl) General permit to discharge storm water. d. U.S. Army Corps of Engineers regarding wetlands. e. NRCS regarding the presence of farmed wetlands. 2. Off-site area tributary to the development should be defined and adequate conveyance should be provided through the development for the expected peak flow from the off-site tributary area. 3. Modified Rational Method Runoff Coefficients (`C') used in the detention calculations are based upon general recommendations given for particular land use types. The composite 'C' values for each of the proposed basins should be based upon the proposed site plan ratios of land surface types, as defined in the Ordinance. G:IPUBLIC\Yorkvifle120021Y00223 Runge Property-Rt.47 and Baselineldocs\Iwywrot01.doc 01/15/04 THU 20:49 FAX 4669380 E.E.I. 0 005 4. The following 'C' values should be used for land surface types as defined in the Ordinance: Surface 'C' Grass 0.50 Asphalt/Concrete 0.98 Roof 1.00 Detention/Retention 1.00 5. A field tile survey should be submitted for the property. Tile throughout the property should be removed and lines draining into the site should be tied into the site storm sewer at the boundary of the development. An inspection manhole should be located at points where existing tile is leaving the development. 6. The preliminary outlet structure design has addressed the 100-year allowable discharge rate only. The 2-year (0.04 cfs/acre) and 25-year (0.08 cfs/acre) allowable discharge rates should also be addressed. 7. Proposed fill and cut in the floodplain should be calculated using the average-end-area method with fill/cut cross sections located perpendicular to the stream channel on an interval not more often than 100-feet. 8. The developer should provide a soils report to determine whether or not lake lining will be required for each of the proposed ponds. 9. The designer should address how the floodplain fill proposed along Rob Roy Creek will be stabilized to prevent short and long-term bank erosion. These comments are preliminary in nature. The developer should refer to the City's Standard Specifications for Subdivisions to ensure that all requirements are met as the development progresses. Of note: - The design engineer has not included the proposed floodplain compensatory storage grading area in the calculation of required detention (nothing in the ordinance specifically addresses this issue). This area would be considered development if in Kane or DuPage County. A decision should be made as to whether detention is required for this area (roughly 15 acres). - The low 'C' values used in the detention estimates have led to the underestimation of the required detention volume. - I would recommend that a TR-20 analysis be completed to design the outlet structures such that the required detention volume is utilized during the design storm events. - The HEC-RAS analysis indicates no increases in the 100-year flood stage in the proposed condition. G\PUBLIC\Yorkville12002\Y00223 Runge Property-Rt.47 and Baseline\docs\lwywrot01.doc 01/15!09 THE 20:50 FAX 4669380 E.E.I. [it 006 There are many issues relative to the land plan for this development that need to be resolved prior to our completing an in depth review of this Preliminary Plan. This should be discussed at Plan Council on January 22nd and at the Annexation Agreement meeting on January 23rd. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager John T. Whitehouse, P.E., P.L.S. Senior Project Manager pc: PGW/JWF, EEI Joe Wywrot, P.E. City Engineer G:\PUBLIC\Yoikville120021YO0223 Runge Property-Rt.47 and Baseline\docs\Jwywrot0l.doc t s 9 111 YORKV(LLE 1 PARKS'&RFcaE.,Tiow Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: yorkrecdep(c�aol.com Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: City Council From: Laura J. Brown, Executive Director Date: January 15, 2004 Cc: Art Prochaska, Mayor Re: Youth Baseball Agreement 2004 The Youth Baseball Agreement for the 2004 season was recommended for approval by the Park Board at the January 12, 2004 meeting. Suggested Motion: To authorize the Mayor to sign and execute the agreement between the United City of Yorkville and the Yorkville Youth Baseball /Softball Association for the 2004 season. 1 AGREEMENT UNITED CITY OF YORKVILLE YORKVILLE PARKS AND RECREATION DEPARTMENT and YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION This agreement is made and entered into this 2 day of J.— 2004, by and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the "city"), and the YORKVILLE YOUTH BASEBALL / SOFTBALL ASSOCIATION, an Illinois not-for-profit corporation(the "Association"). WITNESSETH WHEREAS, the City is the owner of certain fields and parks (the "Parks") which the Association wishes to utilize from time to time with the prior written permission from the City and the City wishes to accommodate the Association's use of the Parks on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter contained, it is mutually agreed by and between the parties hereto as follows: 1. Use of Parks by the Association. The City agrees to permit the Association to utilize certain Parks designated by the City at those times that are mutually acceptable to each of the parties for a term of(3) three months commencing L ' , 2004 and ending , 2004. The parties agree that the Association's use of the Parks designated Beecher Park Ball Diamonds, Fox Hill West Park and Van Emmon Park by the City shall be nonexclusive. The Association's use of the Parks designated by the City shall be subject to the City's ordinances, policies and direction of the City's officers and as otherwise hereinafter provided. Master Schedules must be submitted to the City for use of the fields, inclusive of rain dates. Schedules will be approved by the City based on availability. 2. Fees for Use. The Association agrees to adhere to the approved athletic field reservation policy. Furthermore, by using the parks and fields of the City, the Association agrees to adhere to all City Ordinances, use policies and procedures while in the parks and fields. 3. Maintenance Standards. In agreeing to use the City Parks the Association agrees to participate in completing the routine maintenance items while using the parks. • Inspect the fields prior to use daily • Alignment and inspection of bases and pitcher plate. • Litter control through daily collection when scheduled use by the Association • Immediately reporting of any damages and/or maintenance concerns to the City. FURTHERMORE, The City agrees to prepare the fields / parks prior and through out the season to maintain quality conditions for use. The responsibility of the common areas and turf will be the responsibility of the City unless otherwise identified 4. Insurance The Association shall maintain commercial general liability (CGL) and commercial umbrella liability insurance with a limit of not less than $2,000,000 for each occurrence. If such insurance policy contains a general aggregate limit, it shall apply separately to this Agreement. i. Occurrence basis coverage. This CGL and umbrella insurance shall be written on an occurrence basis and shall cover liability arising from premises, operation, independent contractors, products-completed operations, bodily and personal injury, property damage, as well as liability assumed by the Association under this Agreement. ii. Additional insured. The City shall be named as an insured under the CGL and umbrella insurance using an additional endorsement to the City for claims arising out of or as result of this Agreement. iii. Waiver of subrogation. The Association waives all rights against the City for recovery of damages to the extent these damages are covered by the CGL or commercial umbrella liability insurance maintained pursuant to this Agreement. B. Delivery to City of certificates. Within 10 days from the start date of this Agreement, the Association shall furnish the City with copies of its current certificates of insurance documenting each such policy along with the additional insured endorsements required in this section. C. Cancellation. All such insurance provided for herein shall be non-cancelable, except upon 30 days' prior written notice to the City, and shall contain the following endorsement (or its equivalent) and shall appear on the policies respective insurance certificates: It is hereby understood and agreed that this insurance policy may not be canceled by the surety or the intention not to renew be signed by the surety until 30 days after receipt by the City of Yorkville by registered mail of written notice of such intention to cancel or not to renew. D. No Limitation on liability. The minimum amounts set forth in this Agreement for such insurance shall not be construed as a limitation or satisfaction of the Association's liability, including indemnification, to the City under the Agreement as to the amount of such insurance. E. No Waiver. The failure or delay of the City at any time to require performance by the Association of any provision of this section, even if known, shall not affect the right of the City to require performance of that provision or to exercise any right, power or remedy under this Agreement, and any waiver by the City of any breach of any provision in this section shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. F. Primary coverage. The coverage shall apply as primary coverage with respect to any other insurance or self-insurance program afforded to the City. There shall be no endorsement or modification of this coverage to make it excess over other available insurance / coverage; alternatively, if the CGL and umbrella, excess of reinsurance states that it is pro rata, it shall be endorsed to be primary with respect to the City. 5. Liability, Indemnification and Waiver A. Assumption of liability. Except as specifically provided by law or this Agreement, the City assumes no liability or responsibility for any injury to or death of any person or persons including officers and employees of the Association and participants in the Association's program and activities or any other person and assumes no liability or responsibility for any damage to property sustained by any person(s). In addition the Association will report all injuries to the City within 24 hours. B. Indemnification. To the fullest extent permitted by law, the Association will defend, indemnify and hold the City harmless from all claims arising directly or indirectly from or in connection with (i) the conduct or management of the programs and activities of the Association; (ii) any act, omission or negligence of the Association or any of its directors, officers, agents, employees, invitees or contractors of the Association; (iii) any accidents, injury or damage whatsoever occurring on or at the Parks arising from, directly or indirectly, the use of the Parks by the Association or any of its directors, officers, agents, employees, invitees or contractors, as well as participants in the Association's programs and activities except to the extent of any negligent or wrongful act or omission of the City. However, this limitation shall not in any way limit the Association's duty to defend the City. C. Defense of City. In the event any claims shall arise, the Association shall defend and pay any judgment or settlement against the City in such claims. The City shall tender the defense to the Association. The Association and the City shall mutually agree to counsel to defend of such claims. The City, in its sole discretion, may participate in the defense of such claims at the Association's sole expense, but such participation shall not relieve the Association from its duty to defend and to pay any judgment or settlement against the City in such claims. Except where a settlement completely and forever releases the City from any and all liabilities without financial contribution by the City or its insurer, the Association shall not agree to any settlement of the claims without the City's approval. D. Waiver of defenses. In any and all claims against the City or any of its agents or employees the indemnification obligation under this paragraph shall not be limited by any limitation on the amount or type of damages, compensation or benefits payable by or for the Association under applicable law. The Association waives all defenses available to the Association which limit the amount of the Association's liability to the City. 6. No Alteration. The Association shall not make structural improvements, changes or alteration to the Parks without first obtaining the written consent of the City. Any improvements to the parks will be through a donation to the City, and therefore become the property of the City. 7. No Assignment. The Association shall not assign it interest in this Agreement without obtaining the written consent and approval of the City. 8. Binding upon successors. This Agreement shall be binding upon the successors and assigns of the parties hereto. 9. Reimbursement for increased insurance costs. Any increase of insurance premium on the Parks resulting for such use by the Association shall be paid for by the Association. 10. Integration of all terms into Agreement. This Agreement contains all of the terms, conditions and agreements between the parties hereto and no amendments, additions or changes hereto shall be valid unless attached hereto in writing and signed by the City and the Association. Failure to abide by the policies and rules set forth in this agreement could result in additional fees assessed to the Association and/or loss of privileges regarding the use of Parks and fields. IN WITNESS WHEREOF, the parties hereto have, the day and year first above written, signed and executed this Agreement by virtue of authority given and granted by the respective corporate authorities of the parties hereto. THE UNITED CITY OF YORKVILLE By: Mayor, United City of Yorkville By: fakyj Park and RecreationIoard YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION By: i52-11 President Attest: Representative GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS,FIELDS AND FACILITIES • No equipment or permanent signage will be added or installed to the park without the permission of the United City of Yorkville Park and Recreation Department. • No ball hitting or pitching into fences or dugouts is allowed. • Each party will report any damage and or maintenance concerns to the park department immediately. • Coordination of work involving the park department staff or use of the equipment will generally require a two-week notice,for scheduling purposes. • Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the fields proper. • All requests for use of fields, or park(s)must be in writings. • Each group must complete a checklist ensuring that the fields are in acceptable condition after their scheduled use. This form must be turned into the Park and Recreation Department at the end of the season or maintenance obligation. • Due to the scheduling or early setups for the other functions, all groups and organizations are requested to use only the area, field, or park that has been assigned to them. • No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or partisan political activities of any kind. Non-partisan public meetings and information forums are permitted. • No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be patrolling and monitoring the event at the discretion of the United City of Yorkville staff. • Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter control and pick up. Damage or excessive litter may result in a loss of privileges and use. • Groups may not use the fields or parks when the weather conditions are dangerous or when the field conditions are not acceptable. All groups must adhere to the inclement weather practice for field conditions; (no standing water, saturated turf conditions,or times when safety is a concern). • Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and fields. (Sign ordinance, Building rental policies, Lightening Prediction Policy, and weather warning alarm system, and any other city guidelines that pertain to the use of City Owned property). UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT ATHLETIC FIELD RESERVATION POLICY The Athletic Field Reservation policy of the United City of Yorkville has been established to provide a systematic method by which athletic fields (baseball, softball and soccer) may be reserved by the residents of the community. A reservation is not required for athletic field use for occasional play or pick up games. League play (which includes multiple days, or week play) a permit is required and will guarantee use for the dates and times specified on the permit. Objective • To provide maximum utilization of athletic fields through centralized scheduling • To provide an impartial distribution of athletic fields to the various community groups who wish to reserve fields. • To plan cooperatively with other community agencies to enhance individual and group recreational needs. • To provide recreational activities which take into consideration the needs of the community. • To provide the best possible maintenance of athletic fields using available manpower and monetary resources. RENTAL CATEGORIES Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Athletic Field Use Priorities When scheduling reserved use of athletic fields, the following priorities shall be established: 1. United City of Yorkville Park and Recreation sponsored programs 2. Yorkville School District 3. Youth Leagues that have approved cooperative agreements with the City of Yorkville. 4. Privately sponsored athletic programs within the community requesting to reserve an athletic field(s) on a seasonal basis. 5. Private groups or individuals requesting to reserve an athletic field(s) on a single or multiple dates. 6. Other Residents groups (groups with 80% or more United City of Yorkville residents) shall be given priority over non-resident groups. The 80% residency requirement shall be calculated based on the total number of people using the field. Athletic fields may be used on a drop-in basis by any group or individual without a reservation on a first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized league games. Groups or individuals with an approved reservation or permit and City programs will have priority use. In case of inclement weather, the United City of Yorkville Park and Recreation Department shall make the final decision regarding playability of all fields. Request for Athletic Field Reservation Organizations, Groups and individuals desiring to reserve athletic fields shall complete the standard application for athletic field reservation. In addition, organizations, groups, and individuals shall be required to submit the following with the application form: • A certificate of insurance—co-naming the United City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation • The team roster(s)with addresses and signed waiver forms from each player or guardian. • The Recreation Department may request additional information from the desired individual or groups if it is considered to be in the best interest of the City or necessary to make a decision regarding the use of a field. Reservation requests shall be approved beginning on the following dates: Spring Season(March—May) February 15th Summer Season(June—August) April 15th Fall Season(September—November) July 15a` TOURNAMENT ATHLETIC FIELD RESERVATION Any groups wishing to host a tournament shall have an approved athletic field reservation prior to submitting a bid to host a tournament. A. MAJOR TOURNAMENTS Athletic field reservation requests for major tournaments shall be submitted in writing at least nine months prior to the tournament date. Major tournaments shall include, but are not limited to, national, regional and state tournaments. B. SMALL TOURNAMENTS Athletic field reservation requests for small tournaments shall be submitted in writing at least sixty days prior to the tournament date. Small tournaments shall include, but not limited to, city-wide or county tournaments. C. SPECIAL REQUESTS Any special tournament requests for any variances shall be submitted in writing along with the athletic field reservation request. Special tournament requests shall include, but are not limited to, selling concessions (including items to be sold and their prices), extended park hours use, use of a public address system, admission charges, additional bleachers, additional field maintenance, use of snow fence, and water or electrical access. D. PROCEDURE Written requests for tournament athletic field reservations and special requests shall be submitted to the Recreation Department according to the deadlines listed above. In addition, certificate of insurance, team rosters and signed waiver forms for each player participant shall be submitted to the Recreation Department at least one week prior to the tournament date. Athletic field reservation requests shall be approved by the Recreation Department. Special tournament and use requests shall be approved by the Park Board. The group or organization requesting the use of the fields for tournament use is responsible for all participant and players conduct while on the fields, park, surrounding areas including parking lot. All players attending a tournament or other uses of the athletic fields should adhere to the GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and future uses of all City fields and / or facilities. Furthermore, the groups assumes all responsibility for the repair or replacement of damage as a result of misuse of the field, equipment or park amenities. ATHLETIC FIELD RESERVATION FEES A. Establishment The Board shall annually (based on fiscal year) recommend fees for the reserved use of athletic fields based on the premise that fees charged shall be used to partially offset the cost of maintaining and upgrading the City's athletic fields. Fees shall be established in the following categories: 1. Soccer Fields and football fields 2. Baseball and softball fields, daylight use 3. Baseball and softball fields, night use with lights 4. Resident, non-resident and commercial use fees 5. Single or multiple and seasonal use fees 6. Tournament use 7. Special use B. Resident/Non-Resident Users To qualify for resident fees a group shall consist of 80% or more residents of the United City of Yorkville, City boundaries. The 80% residency requirement shall be calculated based on the total number of players using the field, not just on the group requesting use of the field. Residency shall be determined based on the home address of the individuals as opposed to the business address or the address of other family members. The Recreation Department may waive the residency requirement if it considered to be in the best interest of the City. C. Commercial Users Any group reserving an athletic field for profit making purposes shall be charged the commercial fee. D. Waiver of Fees to School District or private school groups Public and parochial schools that provide school facilities to the City of Yorkville at no charge shall have free reserved use of City athletic fields. These schools shall provide their own set-up of athletic fields including, but not limited to, lining, base set-up and hand raking. Should these schools wish to reserve an athletic field at night with lights, the established lighting costs shall be paid by the school. E. Payment of Fees Groups reserving an athletic field on a seasonal basis shall be billed monthly by the Recreation Department, however, a 20% deposit shall be required to guarantee the reservation. Groups or individuals reserving athletic fields on a single or multiple use basis shall be required to pay the established fee at least one week prior to the date reserved. A permit shall be issued upon payment of the fee. Payment of fees shall be made at the Beecher Community Center. If an athletic field is damaged due to improper use by the group or individual and requires more than normal maintenance and/or repair to be restored to its original condition, the group or individual shall be charged the amount necessary to cover the cost of the required maintenance and/or repair. F. Refund of Fees A refund of athletic field reservation fees may be granted for the following reasons: If the United City of Yorkville Park and Recreation Department staff feels that the athletic field is in unplayable condition and therefore, the game is cancelled. If the group or individual provides written notification of cancellation to the Department at least one week prior to the date reserved. ATHLETIC FIELD RESERVATION FEES Attached fee schedule. The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's athletic fields. All fees are subjected to changing without notice. ATTACHMENT ATHLETIC FIELD RESERVATION POLICY Fiscal Year 2003—2004 ATHLETIC FIELD RESERVATION FEES The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be used to partially offset the cost of maintaining and upgrading the City's athletic fields. All fees are subjected to changing without notice. Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately (at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification (Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Ctg A Ctg B Ctg C Ctg D Ctg E Ctg F 0-2 hours $10.00 $10.00 $20.00 $30.00 $40.00 $40.00 2-4 hours $15.00 $15.00 $25.00 $40.00 $50.00 $50.00 4-6 hours $20.00 $20.00 $30.00 $45.00 $60.00 $60.00 6-8 hours $25.00 $25.00 $35.00 $50.00 $70.00 $70.00 PREPARATION OF FIELDS - additional fee Baseball/ softball field prep—includes bases, fine dragging and lining Weekday $25.00 per day Weekend $35.00 Soccer field prep - includes nets, lining of the field Weekday $30.00 Weekend $40.00 ** Lights—currently not available on any fields SPECIAL USE Water or electrical access $20.00 additional. Must supply your own extension cords. Please reference the concession stand/vendor operation policy for special use request and tournaments. STANDARD APPLICATION FOR ATHLETIC FIELD RESERVATION UNITED CITY OF YORKVILLE PARK AND RECREATION DEPARTMENT Reservation requests shall be approved beginning on the following dates: Spring Season(March-May) February 15th Summer Season(June-August) April 15th Fall Season(September-November) July 15th Please indicate type of Group requesting use of athletic field by circling the appropriate category Category A Government and non-profit organization which are located within the United City of Yorkville. Category B Private groups and individuals which are comprised of predominately(at least 80%) United City of Yorkville residents. Category C Business or corporations which are located within the United City of Yorkville boundaries. Category D Governmental and non-profit organizations which are located outside the United City of Yorkville boundaries. Category E Private groups and individuals who do not fall into the predominately resident classification(Category B). Category F Business or corporations which are located outside of the United City of Yorkville boundaries. Group or Individual Name Contact Person: Address Home Phone: Work Phone: Email FIELDS REQUESTED: DATE(s)/TIME(s)REQUESTED: PURPOSE Special Use requests (concessions, water, electrical, other). In order complete the athletic field request,the following documents must be forwarded to the Recreation Department: A certificate of insurance-co-naming the United City of Yorkville as an additional insured,Assumption of liability, and Waiver of subrogation. The team roster(s)with addresses and signed waiver forms from each player or guardian. OFFICIAL USE Addition information requested Reservation Amount Deposit amount (20%) Date of Request Date Received Staff initials Approved/Denied Refund Requested Field Assigned UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Fox Mill Landing—Final Accep)tancd Date: January 20, 2004 The punchlist for Fox Mill Landing has been completed. The utility easement has also been approved, and should be recorded as soon as possible. I recommend that the City Council accept the public utilities for maintenance. Please place this item on the Committee of the Whole agenda of February 3, 2004 for consideration. Cc: Liz D'Anna, Deputy City Clerk Eric Dhuse, Director of Public Works 01/29/2004 17 52 FAX 630 553 5764 DANIEL J. KRAMER [A002/009 AN ORDINANCE January 29, 2004 ADOPTING WATER CONSERVATION REGULATIONS FOR THE CITY WHERAS, the population of the United City of Yorkville has grown substantially in recent years and is projected to continue to grow at a rapid pace; and WHEREAS, prolonged dry periods, increased Water demand, equipment failures from time to time may threaten the Water resources and jeopardize the health, safety, and Welfare of the residents of the United City of Yorkville; and WHEREAS, Water is a limited natural resource that must be protected and the conservation of City water supplies is good and proper stewardship of those resources; and WHEREAS, it is the finding of the Mayor and City Council of the United City of Yorkville that certain mandatory Water conservation measures be imposed on the Water users of the City water supply system; and that a Water Conservation Regulations Ordinance be enacted; and NOW, THEREFORE BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Article A. The Yorkville Municipal Code of 1994 as amended, shall be and is hereby further amended to adopt and incorporate therein certain water conservation measures in the City, limiting watering of lawns and other uses of water during certain hours and establishing other regulations, and shall be titled as follows: TITLE 7 Water and Sewer CHAPTER 5 Water Conservation Regulations The Yorkville Municipal Code of 1994, as amended, shall be and is hereby further amended to provide for the collection of unpaid fines assessed for violation of the Water Conservation Regulations herein adopted, by adding the amount of any unpaid fine to the water bill due for the property at which the offense occurred, as follows: 01/29/2004 17 52 FAX 630 553 5764 DANIEL J KRAMER Z 003/009 Section 1. Definitions. The following words and phrases when used in this Article shall, for the purpose of this Article, have the following meanings: Drip-Irrigation System: A soaking hose that when in use does not result in an actual dissipation of Water. Drip-Line: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. Landscape/Landscaping: Sod and seeded turf lawns, gardens, trees, shrubs, and other living plants. Permitted Hours of Water Use: A time period between 5:00 a.m. and 9:00a.m., and between 7:00 p.m. and 11:00 p.m., each day. Person: Any individual, firm, partnership, association, corporation, company, organization, or entity of any kind. City: The United City of Yorkville. Water: The water provided by and obtained by a person from the City water supply and distribution system. Section 2, A. The provisions of this Article shall apply to all Persons using Water, and to all properties within the City or unincorporated areas which are connected to the City's Water supply and distribution system, regardless of whether any Person using the Water has a contract for service with the City. B. The provisions of this Article shall apply annually from May 1 through September 30, subject to any modifications thereof, including application of these or other regulations during this or any other time, by an Emergency Proclamation issued pursuant to Section (1) below. Section 3. Restricted Hours and Days for Specified Uses A. Water may be used for landscape watering or the filling of swimming pools only as follows: 1. All properties with even-numbered street numbers (i.e., numbers ending in 0, 2, 4, 6, or 8) may use Water for landscape watering or for pool filling, only on even-numbered calendar dates during Permitted Hours of Water Use 01/29/2004 17 52 FAX 620 553 5764 DANIEL J KRAMER 'e004/003 2. All properties with odd-numbered street numbers (i.e., number ending in 1,3,5,7, or 9) may use Water for landscaping watering, or for pool filing, only on odd-numbered calendar dates during Permitted Hours of Water Use. 3. There shall be no restrictions as to hours or days when Water may be used for any of the following: a) Landscape watering or sprinkling where such watering or sprinkling is done by a Person using a hand-held watering device; b) Filling swimming pools with a volume of fifty (50) gallons or less, and any other children's recreational use, including but not limited to running through sprinklers and playing and filling water toys; c) The automatic watering of trees and shrubs by means of automatic root-feed or Drip-Irrigation Systems within the Drip Line of the tree or shrub; or d) Vehicle and equipment washing; or e) Any other lawful use of Water such as bathing, clothes washing, and other normal household uses not otherwise specifically restricted by the provisions of this Article. Section 4. Restrictions for Sod Laying and Lawn Seeding for New Lawns. Notwithstanding the provisions of Section 8-3-3 above, the following special regulations shall apply: A Sod laying, lawn seeding and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1 through August 31 each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. B. From May 1 through June 30, and from September 1 through September 30, Water may be used on new lawns (sod or seed), only as follows, 1. On the day new sod or seed has been placed on a property, a Person may use an automatic sprinkling device to apply Water to the sod or seed for a total period of time not to exceed eight (8) hours 01/29/2004 17 -53 FAX S30 553 5784 DANIEL J KRAMER j005/009 2. For the next nine (9) days thereafter, a Person may apply water to said sod or seed each day during Permitted Flours of Water Use. 3. Following the first ten (10) days after the sod or seed is placed, the provisions of this Ordinance shall apply. C. Prior to the execution of any real estate contract for the sale of newly constructed property, the builder or owner of such new construction shall: • 1. Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this Article; 2. Attach a Copy of these regulations to the contract; and 3. Obtain the signature of the purchaser(s) on a statement that he, she or they has (have) been informed of the new lawn installation restrictions set forth in this Article. D. The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown, the applicant shall submit his signed statement that he shall comply with the requirements of this Section at the time the real estate contract is executed. E. Waste of Water Prohibited. No Person shall allow a continuous stream of Water to run off into any gutter, ditch, drain, or street inlet while using Water for restricted purposes during the Permitted Hours of Water Use. F. Exceptions. The provisions of the article shall not apply any commercial or industrial entity for which use of Water is necessary to continue normal business operations, or to maintain stock or inventory. Provided, however, this exception shall not apply to any and all uses of Water not essential to normal business operations or maintenance of inventory or stock, and specifically shall not apply to landscape watering or pool filling. 01!29/2004 17 -53 FAX630 553 5764 DANIEL J KRAMER 006/009 G. Bulk Water Rates, Bulk Water rates shall be increased to three (3) times the non-resident Water rate during the time described within this Ordinance. H. Hydrant Use Prohibited. Hydrants connected to the City water supply and distribution system for the purpose of providing Water for fire fighting purposes shall not be opened by any Person, other than authorized City or Fire District personnel, except for the purpose of fighting a fire. I. Emergency proclamation. Whenever the Water supply of the City is diminished from any cause, including but not limited to prolonged dry period, increased Water demand, equipment failure, or Water quality concerns, to an amount which in the opinion of the City Engineer or Director of Public Works is or is likely to become dangerous to the health and safety of the public, the City Mayor is hereby authorized and empowered to issue an Emergency Proclamation specifying different or additional regulations on the use of water. 2, Such regulations may provide for limitations on the usage of Water, limitations on days and hours of use of Water for some or all purposes, and the prohibition of specified uses of Water. 3. Upon issuing such Proclamation, the City Mayor shall make the contents thereof known to the public by posting a copy at the City Hall, and by new release to local newspapers and radio media, and may also endeavor to notify the City residents and other Persons in any other practical manner that he or she shall devise. Further, the City Mayor shall immediately deliver notice of such Proclamation, and the regulations that have been imposed by such Proclamation, to all members of the City Council, 4. The Emergency Proclamation of the City Mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur a. The City Mayor determines that the emergency no longer exists and that the Emergency Proclamation, and the regulations imposed thereby, shall no longer continue in effect. b. The City Council modifies or repeals the Emergency Proclamation, and the regulations imposed thereby, by means of an ordinance enacted at any regular or special meeting of the City Council c. The first regular meeting of the City Council occurring more than 30 days after the date of the Emergency Proclamation of the City Mayor. 5. Any City employee or officer may, at the direction of the City Mayor, notify and warn any Person of the effect of said Emergency Proclamation and direct said Person to comply with said watering or sprinkling restrictions. If any said Person, after having first been warned about said a 007/009 01/28/2004 17 53 FAX 630 553 5764 DANIEL J. KRAMER restrictions of the Emergency Proclamation, then shall be deemed to be in violation of this Article. J. Penalty. 1. Any person who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this Article other than Section (3)(A)(3) or Section(3)(F) above, shall, within ten (10) days of receiving notice of such violation, pay at the Office of the City Clerk, a fine, as follows: a. $50.00 for a first offense; b. $125.00 for a second offense; and c. $500.00 for each subsequent offense. 2, Each day a violation occurs or continues shall be considered a separate violation for purposes of this article. 3. The amount of any fine due pursuant to Section 4(J) above, if not paid as provided therein, shall be added to the bill for water consumption for the property at which the offense occurred. 4. The amount of any fine due pursuant to Title 7, for a violation of the provisions of Title 7 occurring at a property in the City, it has not otherwise been paid as provided therein, shall be added to the amount of any bill for water consumption rendered in respect to said property pursuant to this section. Section 5. REPEALER: All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and the same are hereby repealed. Section 6. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for arty reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Section 7. EFFECTIVE DATE: Except for Section 4 of this ordinance which shall have an effective date of May 1, 2004, this ordinance shall be in effect from and after its passage, approval and publication in pamphlet form as provided by law. Any and all ordinances, resolutions, and orders, or parts thereof, which are in conflict with the provisions of this Ordinance, to the extent of any such conflict, are hereby superseded and waived. 01/29/2004 17 53 FAX 630 553 5764 DANIEL J KRAMER E-1003/003 IN WITNESS WHEREOF, this Ordinance has been enacted this day of , 2004. PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA OHARE VALERIE BURD ROSE SPEARS LARRY KOT JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2004, MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2004. Attest: CITY CLERK This Document Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville, Illinois 60560 630-553-9500 Z o09/003 01/29/2004 17: 53 FAX 630 553 5764 DANIEL J. KRAMER 09/11/2003 13:43 630553437177 CITYHOFOYCIRKVILLE PAGE 01 . - _ me" United City of Yorkville Sod Watering Permit Name Date Address _ Start Date Ending Date Official Sod Watering Rules I. Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from Julyl through August 31 of each year. 2. From May 1 through June 30, and September 1 through the end of the season, water may be used on new lawns (sod or seed),only as follows: a. On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight(8)hours. b. For the next nine (9) days thereafter, a person may apply water to said sod or seed each day during permitted hours of water use. c. Following the first ten(10) days after the sod or seed is placed, the provisions of Section 8-3-3 attached shall apply. Signature of Responsible any i UNITED CITY OF YORKVILLE To: Tony Graff, City Administr or From: Joe Wywrot, City Engineer, U C Subject: Engineering Department—Adition ersonnel Date: January 5, 2004 We are current budget calls for adding one full-time engineering technician this coming Spring. I would like authorization to advertise for this position internally for one week. If no applications are received, I would like to advertise in the local papers immediately, with the intent of having the position filled by the end of March 2004. We should also start thinking about the next step beyond this one additional position. We should consider hiring a civil engineer to help with some of the in-house plan reviews, letter of credit reviews, punchlists, coordination tasks, city-funded capital projects, etc. This person should have a Bachelor of Science degree in Civil Engineering and an Engineer-in- Training certificate, but otherwise have limited experience. We would need to prepare a new job description (Civil Engineer 1) for this •osition.- - - - __...___ Please place this item on th- anuary 26, 2004 Public Works Committee agen ad • CITY OF YORKVILLE I1 �� WATER 1111J1T DEPARTMENT REPORT MONTH November 20°3 WELLS WELL DEPTH PUMP DEPTH WATER ABOVE THIS MONTH'S PUMPAGE NO. (FEET) (FEET) PUMP (FEET) (MILLION GALLONS) 3 1335 X03 184 11.268 a 1393 453 162 13.542 TOTAL 24.810 CURRENT MONTH'S PUMPAGE IS 6,062,000 GALLONS E MORE THAN LAST MONTH LESS [2 MORE 110,000 GALLONS THAN THIS MONTH LAST YEAR 0 LESS DAILY AVERAGE PUMPED: 827,000 GALLONS DAILY MAXIMUM PUMPED: 986,000 GALLONS DAILY AVERAGE PER CAPITA USE: 104 GALLONS WATER TREATMENT CHLORINE FED: 321 LBS. CALCULATED CONCENTRATION: 1.5 MG/L FLUORIDE FED: 287 LBS. CALCULATED CONCENTRATION: 0.95 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 9 SAMPLES TAKEN 9 SATISFACTORY UNSATISFACTORY (EXPLAIN FLUORIDE : 7 SAMPLE(S) TAKEN CONCENTRATION : 1.05 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 2 NUMBER OF LEAKS OR BREAKS REPAIRED: 3 NEW CUSTOMERS RESIDENTIAL 37 COMMERCIAL 2 INDUSTRIAL/GOVERNMENTAL COMMENTS 3 Watermain Breaks ,Aprox. 167,000 gallons lost. Construction on Well 7 start( N. Side and S, Sidp water main improvement on line t UNITED CITY OF YORKVILLE To: Tony Graff, City Administra or From: Joe Wywrot, City Engineer L Subject: Route 34/Game Farm Traffic ignal— Change Order No. 4 Date: January 13, 2004 Attached find one copy of proposed Change Order No. 4 for the referenced project. This change order, in the amount of a $3,248.53 decrease, is the final balancing change order. There were no major increases . -ases in work items • this project. Please place this item on t - January 26, 2004 Public Wo . . 'ommittee agenda for consideration. Q-. /? �Y Cc: Liz D'Anna, Deputy City Clerk • [limos Department Request for Approval of Transportation of Change in Plans Date January 9, 2004 County Kendall Contractor Van Mack Electric Road District or Municipality Yorkville Address 2433 Reeves Road Section 02-00028-00-TL Joliet, IL 60436 Request No. 4 - Balancing ❑ addition I recommend that an ❑ extension be made ❑ to the above contract. ❑ deduction ® from Between Station and Station a net length of (Do not fill in unless a change in length is involved) The estimated quantities are shown below and the contractor agrees to furnish the materials and do the work at the unit prices. Show station location for major items. Items Description and Unit Quantity Unit Price Additions Deductions I 1. SEEDING, CLASS 2A 0.07 05,134.50 I $359.41 2. NITROGEN FERTILIZER NUTRIENT 6.90 $18.90 I $130.41 3. PHOSPHORUS FERTILIZER NUTRIENT 6.90 $18.90 I $130.41 4. POTASSIUM FERTILIZER NUTRIENT 6.90 $18.90 $130.41 5. EROSION CONTROL BLANKET 321.40 $1.25 $401.75 9. THERM PAVT MARKING - LINE 8" I 11 $14.45 I $158.95 10. THERM PAVT MARKING - LINE 24" ! 3 $43.36 $130.08 13. CONDUIT IN TRENCH, 2" DIA., PVC 317.20 06.00 $1,903.20 14. CONDUIT IN TRENCH, 2 1/2" DIA., PVC 90 08.25 0742.50 1 15. CONDUIT IN TRENCH, 4" DIA., PVC 15.50 $12.00 0186.00 16. CONDUIT PUSHED, 2" DIA., PVC 46.50 $8.50 $395.25 17. CONDUIT PUSHED, 4" DIA., PVC I 65 $16.00 $1,040.00 18. COND ATT TO STR, 2" DIA., GALV STEEL 6 $12.30 $73.80 19. J BOX, SS, ATT TO STR, 6" x 6" x 4" 2 $213.00 I 0426.00 20. CONCRETE HANDHOLE I 2 $950.00 $1,900.00 22. TRENCH AND BF FOR ELECTRICAL WORK 543.7 $3.00 $1,631.10 23. ELECT CABLE IN CONDUIT, 600V (XLP - 729 $0.70 $510.30 30.FIB OPT CBL IN CON, NO. 62.5/125, 24F � 47 $3.25 I $152.75 31. EL GEL IN CON, SIGNAL NO. 14 1C 47 50.55 $25.85 32. EL CBL IN CON, SIGNAL NO. 14 5C 21.5 $0.90 019.35 33. EL CBL IN CON, SIGNAL NO. 14 7C 13 $1.00 $13.00 1 34. EL CBL IN CON, LEAD-IN NO. 14 1 PAIR 180.6 $0.85 $153.51 35. EL CBL IN CONDUIT, SERVICE, NO. 6, 2C 166 $1.90 $315.40 42. CONC FOUND, TYPE E, 30-INCH DIAMETER 3 $120.00 $360.00 45. INDUCTIVE LOOP DETECTOR 7 $165.00 $1,155.00 46. DETECTOR LOOP, TYPE I 46.40 $10.50 $487.20 Totals $4,841.55 $8,090.08 Net Change I $3,248.53 Amount of original contract$ $142,510.32 ❑ addition Total net ❑ deduction to date $ 1,160.04 which is 0.81 % of Contract Price BLR 6301 (Rev.2/01) State fully the nature and reason for the change Balancing change order. When the net increase or decrease in the cost of the contract is $10,000 or more or the time of completion is increased or decreased by 30 days or more, one of the following statements shall be checked. ❑ The undersigned has determined that the circumstances which necessitate this change were not reasonably foreseeable at the time the contract was signed. ❑ The undersigned has determined that the change is germane to the original contract as signed. ❑ The undersigned has determined that this change is in the best interest of the local agency and is authorized by law. Signed Signed Highway Commissioner Municipal Officer Title of Municipal Officer Date Date Approved Recommended Approved County Engineer District Engineer Date Date Note Make out separate form for change in length quantities. Give net quantities only. Submit 3 copies of this form to District Engineer(4 copies for road district). If plans are required attach 3 sets. BLR 6301 (Rev. 2/01) Page 2 of 2 UNITED CITY OF YORKVILLE To: Tony Graff, City Administr for From: Joe Wywrot, City Engineer h Subject: York Meadows-Plat of Eas ent Date: January 16, 2004 Attached find a copy of the proposed plat of easement for the referenced project. I have reviewed the plat and recommend that it be approved and recorded. Please place this item on - - anuary 26, 2004 Public W• . _ •mmittee agenda for consideration. If you nee. i- ona i orma io please see me. / ale Lor °5 r Kg4'41z Cc: Dan K ner, City Attorney LEGAL DESCRIPTION EASEMENT PROVISION Lot 2, Block 9 rn Countryside Center Unit No-4, being o subd is,sion of A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO Sections 20, 21 2E, and 29, Township 37 North, Ronae 7 East of ILLINOIS BELL TELEPHONE COMPANY, NORTHERN ILLINOIS GAS COMPANY, the Third Principal Meridion, Kendoll County, I111nois COMMONWEALTH EDISON COMPANY, JONES I NTERCABLE, OTHER PUBLIC UTILITIES, AND HOLDERS OF EXISTING FRANCHISES GRANTED BY THE CITY OF N 6205'00"N YORKVILLE, ILLINOIS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS WITH 19'29'15"5" .®,- 0 32 59' THE AREAS SHOWN ON THE PIAT AS "DRAINAGE AND UTILITY EASEMENT" TO R =;02.00 0 = asr5za' r =. 120 72I N sr<s'oo'.w CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE. INSPECT, /KRI i 6^\ e s a 30 o AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION R rea0 sT EASEMENT (TYP.) -- —os 23 0 w \E ,_ O SYSTEMS AND LINES UNDER THE SURFACE OF THE "HONE CE AND UTILITY AIN KENDALL 1038° 15' PUBLIC UTILITY c 0Rc CHORD z 796 '00 E EASEMENT', INCLUDING WITHOUT LIMITATION TO TELEPHONE CABLES, GAS MAINS, n'0`13013 S 3 6 "RIC L NES, CAB E TELEVISIO LIN'S AND AL NO EF SSA Y C LITIES ---__ 205.00' _ P P RTENANT THERETO TOGETHE WITH THE R ti OF A C STHERETO FOR _ � _ q ., U R Imo,T u LS H _-5",o o- O s E I PURPOSES,ONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND ` AND TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE o = 0 566 t 3a - �- • 4�3 `f � i - _ � CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS c1soc ▪ -- - F = iso ks t6_05 s� �_ ,,/1//r/.-- 15' THEREON. n t - 62 C; ' __ � CHORD I 1 ice, ., L�\ t `, /� A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO S B a6 td"e� �, ` \ yr, t ,�OR7� THE CIT' OF YORKVILLE , ILLINOIS TO CONSTRUCT INSTALL, RECONSTRUCT, IN 0Y5 z0 " // / br � i% 7„ 7„ REPAIR REMOVE, REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND 80' _ Kms- �//////,//C,.., s /' _ / ae' 2�' 0 <m' bm' DISTRIBUTION OF WATER, STORM SEWERS, AND SANITARY SEWERS WITHIN THE I T I / / _ AREAS SHOWN ON THE PLAT AS "DRAINAGE AND UTILITY EASEMENT'', TOGETHER is ''',,`-j ; 7 �� ,�I / `�� ` --�'� ,, �� WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT q 1 `� � ,� '+,g '�= ��"/' �� l I NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES z i/- X10 025 �, �^ THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON �'� / („ s2 ///�i%j ° '� , �'G 2 EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CU?, TRIM OR REMOVE ANY TREES SHRUBS OR OTHER PLANTS WITHIN THE i / _ I // 'i �� ,o\s', ',, ,, t AREAS DESIGNATED AS DRAINAGE AND UTILITY EASEMENT" WHICH INTERFERE r \i / ,} \ /. WITH THE CONSTRUCTION,. INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, -� - REPLACEMENT,ENT, MAINTENANCE, AND OPERATION OF THEIR UNDERGROUND i / _ r\ e 2'57'w• 5 P b `� \ / TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT i j • �0 Y `, % "/, THERET G. NO PERMANENT BUILDINGS, STRUCTURES OR OBSTRUCTIONS SHALL BE �- ///�/�% A Tz, • i �, CONSTRUCTED IN UPON OR OVER ANY AREAS DESIGNATED AS 'DRAINAGE AND v-/ UTILITY EASEMENT, BUT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, t• ii ' �� `.1 �`� / TREES, LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DO NOT N ,6,2'57' w �, ,, TYPICAL EASEMENT @ BUILDING CORNER UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED- /z , ', tans \ \�, ii >�e�as THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENTS HEREIN GRANTED • AND RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES t / V ` ! s t9'os SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH OR PRECLUDE j �:-.sz3os'E '� �y z<5 ',r o� THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH / 19.50' 7 /%/-i///// • KHj // i �o 15PUBLIC UTILITY EASEMENTS ARE GRANTED AND RESERVED- THE CROSSING AND RECROSSING OF c. �� _ t - ` ;/ 0",' E ( EASEMENT (TYP.) SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A __ N'._•':.::,..'->:''-7 "��'� '/ N 3 /c V' �� MANNER SO AS NOT TO INTERFERE WITH, DAMAGE, OR DISTURB ANY h5 E 9 LCl 'E f�/% / "-�=� ,` • % /// ) i r- N7, TRANSMISSION AND D'.STRI BUTT ON SYSTEMS AND FACILITIES APPURTENANT • ' - _ t s0' '0�2a�E Oe THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED. NO s_ .,0,7-6_5j.- V j a,�,' H t i / j. ` \Z3,,,,-, ,,,,,, "'j- _ - C �J �, ->• cq USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL f "Cr CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE // / �\\F 'H j`- PATTERNS. 9 as'o0"w 0 20 rl % �_- u z6' �,,,� - � 6 N \ ` `>'I /K '`:'‘v FOLLOWING ANY WORK TO BE PERFORMED BY THE CITY OF YORKVILLE IN THE E\ ` / 3 \ F� ! - EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED SAID CITY SHALL HAVE NO \\• Y / c� z OBLIGATION WITH RESPECT TO SURFACE RESTORATION, INCLUDING BUT NOT .f '7'?o v � 7 6,,,, A LIMITED TO THE RESTORATION REPAIR OR REPLACEMENT OF PAVEMENT, CURB `3 c 7' \y. � v j T v GUTTERS TREES LAWN OR SHRUBBERY, PROVIDED HOWEVER, THAT SAID GTv • %/ o� /� %° SHALL BE OBLIGATED FOLLOWING SUCH MAINTENANCE WORK TO BACKFILL AND �` `�3� /' v !'i/ ,,. �\ MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD --STORM WATER MANAGEMENT ems. 7.5 ,1 MHO ' /. PATCH ANY ASPHALT OR CONCRETE SURFACE, TO REMOVE ANY EXCESS DEBRIS '�w. iV//A\ SI EASEMENT 0 _" ;�;; % ; AND SPOIL, AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND F� .� k`` �� // \\ `�£ /\0�, /�,�!\ // j/� WORKMANLIKE CONDITION_ s F` ` U `�� '/ / .\ 15' PUBLIC UTILITY��'. `\ . L /j /� STORMWATER MANAGEMENT EASEMENT PROVISIONS / \ EASEMENT (TVP.) J�'s, �'' 7.5 '7 � / / �� AN EASEMENT IS HEREBY RESERVED AND GRANTED 10 ?HE UNITED CITY OF \'' 9 i r 5 YORKVILLE AND TO ITS SUCCESSORS AND ASSIGNS OVER ALL OF THE AREAS moi{�. ✓� IMARKED "STORMWATER MANAGEMENT EASEMENT" ON THE PLAT, FOR THE X �''t., t 0�,�� / PERPETUAL RIGHT, PRIVILEGE AND AUTHORITY TO SURVEY, CONSTRUCT, RE- (-.7.—r-- ,1 CONSTRUCT, REPAIR, INSPECT, MAINTAIN AND OPERATE STORM SEWERS AND THE 15 PUBLIC UTILITY • _ - - ---�T STORMWATER MANAGEMENT AREA, TOGETHER WITH ANY AND ALL NECESSARY w �� _--- ! MANHOLES, ONCATIDNCC BASINS, SANITARY SEWERS, WA ERMA NS ELECTRIC AND EASEMENT (TVP.) `; ! .. a0�3 rr++..ra.-+--- ,/ ARLES, CONNECTIONS DITCHES SWALES, AND OTHER 'j, T - 130-z' - / STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID '� CITY OVER UPON ALONG UNDER AND THROUGH SAID INDICATED EASEMENT ./ � //� .Y TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY \ , /�� l/','' % MEN AND EDUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT IS ALSO / �, ivy ./„,,,,,,„ .i GRANTED TO C''T DOWN, TRIM OR REMOVE AN" TREES, SHRUES, OR OTHER lPLACED ON PLANTS ON THE EASEMENT THAT INTERFERE WITH THE OPERATION OF THE 7 % s "� SEWERS OR OTHER UTILITIES. NO PERMANENT BUILDINGS SHALL BE • i ,/� I� / � ��¢ SAID EASEMENT, NO CHANGE TO THE TOPOGRAPHY OR STORMWATER ry �k / .,\ %/ i \Y MANAGEMENT STRUCTURES WITHIN THE EASEMENT AREA SHALL BE MADE j �/ WITHOUT THE EXPRESS WRITTEN CONSENT OF THE CITY ENGINEER BUT SAME s /�/ -'v` ,/. ��/ i ;'/ I�i /./,�/ �� n MAY BE USED FOR PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE /7 AFORESAID USES OR RIGHTS. - ! THE OWNER OF THE PROPERTY SHALE REMAIN RESPONSIBLE FOR MAINTENANCE F5�" - ,VE... n% I; II ,% OF THE STORMWATER MANAGEMENT AREA AND APPURTENANCES THE CITY OF / MPN�G // / v\ NEOC YORKVILLEWILL BYL THE CITY ONLY ENGINEER OF THEY UNITED OCITYES AS DEEMED OFOF YORKVILLE. �' �ER��EN \° E ///;�,, J3 00 r. M 'p6 _ THE EASEMENTS ARE HEREBY DEDICATED BY YORK MEADOW, C. � moi% ' 42 D^ �h; �O THOMAS RAGAUSKIS DATE y �- S 0 38 NEAS 09' f 7 _� fi 5 -_ HE EASEMENTS ARE HEREBY ACCEPTED BY THE UNITED CITY OF YORKViLLE. L RTE. 97 — _ _EC NO RES MAYOR CITY CLERK DATE REVISION'S YORK MEADOWS DRAWN BY: GAH/LAG CAD/.DWG. EASE -, SCALE. AS NOTED SHECr t DATE CHAMLIN PERU MORRIS PLAT OF EASEMENTS 9J17/01 L.A.G. _ ILLINOIS YORKVILL._E: ILLINOIS CHECKED By.MF DATE'. 3!01 ../13/Ga J.M.T A S $ O C A T ES FILE NO.: 3206.02v-2 OF J i s UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Li Subject: 101 E. Somonauk- Sidewalk` gre ent Date: January 16, 2004 Attached find a Sidewalk Installation Agreement for the property at 101 E. Somonauk. This property was recently re-zoned, and is proposed for re-development as a realtor's office. Site improvements include a new parking lot, storm sewers, and landscaping. Ordinance also requires construction of public sidewalk along public streets. The property currently has sidewalk along Somonauk, but not along Route 47. Since any sidewalk that might be installed along Route 47 would be removed when IDOT does there roadway reconstruction in a few years, we tentatively agreement with the owner to delay the sidewalk construction until after IDOT finishes the Route 47 project. The agreement is very similar to an agreement recently reached with the property owner at Route 34 and Eldamain Road. The sidewalk is required to be installed if any of the following three events occur: • When sidewalk is constructed along the Route 47 frontage of the property to the north. • Within 6 months of a request by the city to construct the walk. • Prior to the sale of the property to another party. Please place this item on the J. ••. 26, 2004 Public Works . • 'ttee agenda for consideration. -t/1;v / r a - 1(0 '1 STATE OF ILLINOIS ) COUNTY OF KENDALL ) SIDEWALK INSTALLATION COVENANT WHEREAS, the undersigned, BRUCE STEINKE (hereinafter referred to as "Owner/Developer"), is the owner of the real property upon which is now situated an improved structure (hereinafter referred to as "Property") described in the Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, said Property, located at 101 E. Somonauk Street, in the United City of Yorkville, Kendall County, Illinois, has been previously rezoned from R-1 Single Family Residential to B-1 Limited Business District ; and WHEREAS, the United City of Yorkville has heretofore issued a building permit for the construction of the driveway on said Property and, incidental thereto, requiring the installation of sidewalks along the western frontage of the Property adjacent to U.S. Route 47; and WHEREAS, at the present time, plans for the reconstruction of U.S. Route 47 by the Illinois Department of Transportation may affect the western frontage of the Property adjacent to U.S. Route 47, and the undersigned, as the owner, have requested of the United City of Yorkville that he be permitted to delay or defer the installation of the sidewalks; and WHEREAS, the United City of Yorkville has agreed to allow Owner/Developer to delay and defer the installation of the sidewalk on the Property in further accordance with the provisions of this Covenant. NOW, THEREFORE, the undersigned BRUCE STEINKE, do herewith covenant - and agree with the United City of Yorkville that, in consideration of the City issuing the Building Peiluit for the commercial building located on the real property described in Exhibit "A", that the undersigned, or their heirs, successors or assigns, shall cause sidewalks to be installed along the western frontage of the property, in accordance with the Ordinances and guidelines of the United City of Yorkville, then in effect, regulating the installation of sidewalks, upon the happening of the first of the following events: (a) at such times as sidewalks are installed up to his property line on the adjacent property to the North, or (b)prior to the closing of the sale of the real estate by BRUCE STEINKE to • any third party, or(c) within six (6) months of written request by the United City of Yorkville for the installation of sidewalks. This Covenant shall run with the land and shall be binding upon and shall be obligatory upon the undersigned Owners, and their heirs, successors and assigns. IN WITNESS WHEREOF,the undersigned have executed this Covenant this day of , 2004 OWNER/DEVELOPER: ce teinke APPROVED and ACCEPTED: UNITED CITY OF YORKVILLE By: Anton Graff, City Administrator LEGAL DESCRIPTION WLY100 Lts 3 & 4 Davidson's Subdivision (Exc. Row Taking 94-7377), City of Yorkville. ER ; 1 4 1( • UNITED CITY OF YORKVILLE To: Tony Graff, City Administratdr From: Joe Wywrot, City Engineer Subject: Rob Roy Creek Flood Study — pple •-•tal Agreement Date: January 27, 2004 At their meeting last night, the Public Works Committee recommended that the City Council authorize EEI to proceed with analysis of the NE branch of Rob Roy Creek. That branch extends from the creek near the Burlington Northern railroad tracks, crossing Route 47 north of Corneils Road, and ending near the Galena Road/Dickson Road intersection. The Council approved the supplemental agreement covering this work on October 14, 2003 with the condition that the work would be funded entirely by developers. We have had some developers indicate a willingness to contribute their fair share, but we have not been able to accumulate the full amount. Consequently, the entire project is on hold. Since this work is not currently budgeted, the committee wanted to know if EEI would delay invoicing for the work until May 1, 2004. I spoke with Jeff Freeman, and Jeff did confirm that EEI could do that if necessary. The committee also wanted to know if any developers would be contributing towards the work. At this time, Inland is the only developer that has verbally indicated that they would pay their share, which is about $8400. Please place this item on the February 3, 2004 Committee of the Whole agenda for consideration. UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer ` �- Subject: Rob Roy Creek Flood Study up mental Agreement Date: January 20, 2004 Attached find a copy of the supplemental agreement for the Rob Roy Creek Flood Study. This agreement, in the amount of$37,925.00, is for studying an intermittent branch of the creek that was not identified when the original scope of work was approved. This supplemental agreement was approved by City Council at the meeting on October 14, 2003 with the condition that the work would be funded entirely by developers. We have had some developers indicate a willingness to contribute their fair share, but we have not been able to accumulate the full amount. Consequently, the entire project is on hold. It is important that this work proceed. We need to have one comprehensive study rather than a compilation of different studies by several developers that probably wouldn't agree with each other and may not accurately locate the floodplain. Therefore, I suggest that this issue be sent back to City Council with a recommendation that the city front the funds necessary to complete the project. We would reca•ture •• • • • erent properties develop. Please place this item i n the January 26, 2004 Public Works Committee .genda for consideration. �(� r - 'J ///O Cc: Liz D'Anna, Deputy City Clerk 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630/466-9350 )(tot FAX: 630/466-9380 www.eeiweb.com Englnssring Entsrprisss. Inc- September 3, 2003 Mr. Joseph A. Wywrot, P.E. City Engineer City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Consulting Engineering Services— Amended Contract Rob Roy Creek Hydrologic and Hydraulic Study City of Yorkville, Kendall Co., IL Dear Mr. Wywrot: As you may recall, our original proposal and then the subsequent contract for professional engineering services for the Rob Roy Creek Hydrologic and Hydraulic Study assumed a watershed study area of 12.3 mi2. In addition, our proposal/contract also assumed the length of channelized conveyance that would be modeled, and then the base flood elevations for the channel would be provided for an approximately 6.8 mi length of stream. Our original contract, which was executed by the City on February 12, 2002, defined a fixed fee cost of $94,949 for the hydrologic and hydraulic study of the assumed watershed. After reviewing the best available information at the time, and then after proceeding with a complete hydrologic and hydraulic modeling effort of the assumed Rob Roy Creek watershed, it was found that more detailed information identified additional areas that should be included within the Rob Roy Creek watershed. As you may recall, this was initially brought to the forefront through the City's review of the proposed Bristol Club Subdivision. The net result of the additional area along the northeast portion of the watershed adds approximately 2.2 mi2 to our original watershed estimate. In addition, approximately 3.0 mi of additional stormwater routing will need to be surveyed, modeled, base flood elevations will need to be determined, and a floodplain and floodway will need to be defined along the route. As discussed, we believe the additional study area that has been defined and the corresponding level of effort required to provide the detail necessary to obtain the most appropriate end-result was not included as part of our original contract. Therefore, the main purpose of this correspondence is to propose an amendment to our original contract to include the additional study area. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot r" ) September 3, 2003 Page 2 Based on a review of the original proposal and our actual costs that we have incurred to date, we have developed costs for the additional surveying, and hydrologic and hydraulic modeling that will be required to meet the overall study objectives for the amended area. A brief summary of our fees for each category is as follows: b Surveying — Minimum 52 new sections (Approx. 87 original): $14,750 Hydrologic Modeling — 2.2 mi2 new area (Approx. 12.3 mi2 original): $7,575 b Hydraulic Modeling — 3.0 mi new length (Approx. 6.8 mi original): $15,600 Total: $37,925 Therefore, we are proposing to increase our fixed fee contract amount by $37,925. Please note we have developed these costs based on the fee schedule that was provided in our original contract. While that fee schedule was effective January 1, 2001, and we have had a change in our hourly rates as recent as January 1, 2003 to account for additional wages, benefits, overhead, etc., we did not go through the exercise of adjusting the proposed fees based on our current fee schedule. We presume the City can see how they will benefit by our computation method. We assume the above discussion provides sufficient detail to describe our proposed amendment. If you have any questions or need additional information, please do not hesitate to call. Respectfully submitted, ENGINEERING ENTERPRISES, INC. / / Jeffrey W. Freeman, P.E. Project Manager JWF/me pc: Mayor Art Prochaska Mr. Tony Graff, City Administrator Atty. Dan Kramer, City Attorney \\SNAP1\DOCS\PUBLIC\Yorkville\2001\YO0112 Rob Roy Creek H &H Study\Doc\IwywrotD2.doc 01/21/2004 11 :56 FAX 630 553 5764 DANIEL J. KRAMER C j002/004 • f , o United City of Yorkville _ En 'EGG County Seat of Kendall County 800 Game Farm Road .t V) Yorkville.Illinois 60560 Q6 A ,w O Phone:630-553-4350 '= Fax:630-553-7575 1--'L L.E `vim January 21, 2004 Joe Wywrot, City Engineer Anton Graff, City Administrator 800 Game Farm Road Yorkville, IL 60560 RE: Raymond Drainage District Study Area Potential Fee Distribution Dear Gentleman: Please be advised that after review at length of the Hydraulic Study for Rob Roy Creek and the Raymond Drainage Area as prepared by Engineering Enterprises Inc., and the responses you have had from various land owners as well as the City's view of the project in looking at the Study undertaken by Engineering Enterprises Inc., it is clear to me that it is an investment for both the current and future development of the United City of Yorkville. Because of the omission on FEMA Maps of detailed studies in this area it benefits both the City,Property Owners, and our future citizens and development in the area to have as accurate as possible hydraulic studies for the area. The degree of accuracy contained in the Engineering Enterprises Inc. Study would never be obtained by FEMA, since they take a much more generalized approach. Based on that information and knowledge it is my clear opinion that the City should authorize the expenditure of one hundred percent of the funds for the study on a front end basis, and pass an Ordinance creating a benefited area much like a Recapture Ordinance for third parties, and collect from property owners or developers as each subject or affected parcel comes into the United Cit of Yorkville for development. It will do no good to do a Piecemeal Study as each property comes in because there is a symbiotic relationship not only among the properties in the benefited areas in which we are studying for future annexations, but also tributary areas in Kane County that likewise affect the study results. Engineering Enterprises is in a unique position to offer these services because they have studied much of the upland area in Kane County and can use that knowledge in conjunction with the study in our benefited area to properly do the overall study. My bottom line recommendation is I feel it is good investment to the City and mandatory in terms of good engineering practice to evaluate future annexation and development 01/21/2004 11 :57 FAX 630 553 5764 DANIEL J. KRAMER Z003/004 proposals. If authorized by City Council we can prepare the Ordinance and the benefited area of formula is much like a Recapture Ordinance for immediate passage. Very 1y Yo Daniel J. Kr: er, Attorney at Law DJK/cth Enclosure Z1004/004 01/21/2004 11 :57 FAX 630 553 5764 DANIEL J. KRAMER • /ABLE NO. 1: RAYMOND DRAINAGE DISTRICT STUDY AREA POTENTIAL FEE DISTRIBUTION Rob Roy Creek Hydrologic and Hydraulic Study United City of Yorkville,Kendall Co., IL Property Flow Path Potential identification Length Prot No. Property OwnerfTruSt (ft) Share y 204400001 EMR Trust No.100(Rosenwinkel?) 100 $211 209200006 EMR Trust No,100(Roaernvinkel?) 1.700 $3,592 209200005 Ella May Rosenwinkel — 1,150 $2.430 209400001 America Nat i3k.Trust No. 102-1014(Laycom•Bristol Club) 2,500 $5282 • 210300001 meric a Utd.Bk-Trust No.102.1418(Leycam-Bristol Club) 1.000 $2,113 209100008 erchants Nat. Bk.Trust No, 2830 2,700 $5,705 209300001 Gene and Carolyn Herren 1,600 _$3,381 208400001 Richard&Henrietta Undeeser(Ocean Atlantic-Westbury villa ) 900 $1.902 217226010 Cueing-Mei Suen Living Trust 1,400 $2,958 217201007 CNC(Inland-Caledonia) _ 600 S1,268 217201008 CNC(Inland-Caledonia) 1,000 $2,113 217100009 CNC(Inland•Caledonia) 100 $211 217201014 CNCNand-Caledonia/Yorkville Business Park) 2,300 $4,859 217300004 ComEd _ 200 5423 217300001 Robert and Althea Johnston _ 700 $1,479 Total 17,950 $37,925 GfeSUOYorIndie120011Y00112 Rob Ray Y H 1 H Sndy`J=nymend tg it p.ernlN. Sheen Notal The flow path length is measured generally et the canter of the anticipated floodplain boundary. ENGINEERING EN RRPRISEa,INC. SUGAR GROVE.I1. MEMO 1974 - 2004 To: Joe Wywrot, P.E. City Engineer41r From: Bradley P. Sanderson Engineering Senior Project Manager Enterprises. 30 YEARS OF Date: January 16, 2004 EXCELLENCE Re: Contract B.5 Mill and Van Emmon Water Main Improvements EEI Job #: YO0110/A As you are fully aware, the above referenced project was not completed within the established contractual completion date which was October 30, 2003 and will not be completed until spring 2004. We have, as requested, summarized the actions of the contractor and also offer possible suggestions for future similar projects. Our comments are as follows: o Generally, the timeliness of the main watermain installation along Mill Street was acceptable. As you recall, this portion of the project was performed first. Approximately 2,700 feet of 16" watermain was installed from August 13 to September 4. o The Van Emmon section of the project took much longer than expected. Approximately 1,400 feet of 12" watermain was installed from September 9 to October 29. This portion of the project was more difficult in nature than the Mill portion, but still seemed to take an inordinate amount of time. o As with any construction project in a developed area, there were some delays due to various unknown underground conditions. None of the delays would be considered major to warrant an extension to the contract. A listing of the delays is attached in the monthly construction summary. o The contractor's workforce clearly lessened in mid-September. This perhaps may have been one contributing factor to the contract not being completed on time. o The City and EEI were present on the construction site daily and on numerous occasions expressed concern to the contractor about completing the project by the completion date. Formal meetings were held on a frequent basis starting in mid-October. o The Contract contains a clause (Liquidated Damages) for not completing the work within the specified completion date. The amount that was indicated in the contract was $725 for each consecutive calendar day thereafter the specified completion date. The City at its discretion may elect to pursue this with the contractor. Generally, we recommend that if contracts are not completed within specified completion dates, that the municipalities invoke the clause only if additional costs or hardships are incurred. (continued) 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630/466-9350 Fax: 630/466-9380 www.eeiweb.com Joe Wywrot, P.E. Page 2 o As far as suggestions to lessen the possibilities of this occurrence happening again, there are possibly a few that we may want to consider. There are many factors that go into what is considered a successful construction project of this nature, mainly completing the project on time and within budget all the while minimizing the disturbance to the public. This to a great extent depends on who is performing the work. One option for future contracts would be to increase the penalty and/or offer incentives for completing the project ahead of schedule. There are some possible negatives associated with this as well, such as a possibility of receiving higher bid prices, increased potential for poor construction quality and additional conflicts with contractors. There is also the option of phasing the project. For example, we could have required the contractor to complete all of work on Mill, including all connections, abandonment's and restoration before proceeding with any work along Van Emmon. Some of the possible problems with doing this are that the City may experience higher bid prices due to additional mobilization charges and coordination and also may lengthen the project timeline. Not all projects can be constructed in this manner. Two additional considerations include requiring the submittal of a bi-weekly schedule from the contractor and requiring contractor's disclosure of projects that they have under contract, similar to IDOT's Affidavit of Availability. I am available to discuss this project or future projects in further detail if required. pc: JWF, JAM, EEI G:\PUBLIC\Yorkville\2001\YO0110-A Contract C.2-Mill and Van Emmon Street Finished WM\Doc\mwywrot01.doc 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630/466-9350 Fax: 630/466-9380 July Summary Mill / Van Emmon Water Main YO0110/A Construction Progress Mobilized Construction Equipment Dug pit for bore &jack under the railroad tracks at Hydraulic Three pressure taps (at VV's 1, 2, & 3) complete Mill St. partially milled in roadway in preparation of water main installation Summary of Key Dates DATE EVENT 27-Jun Contract Award 27-Jun Notice To Proceed 10-Jul Preconstruction Conference 18-Jul Dwyer Mobilized 22-Jul Broke Ground Encountered Delays DELAY TIME DELAYED Bedrock depth at railroad boring pit varied from soil boring 2-4 hours Bedrock depth concerns at receiving pit(exploratory digging) 1 day Average Dwyer Workforce (not including sub-contractors) per available workdays: *"available workday"considered all workdays(Monday-Friday)in a month,minus holidays 1.57 On-site meetings Public Meeting, July 16, at Beecher Community Center On site meeting, July 23, to discuss water main and storm sewer conflict at Hydraulic receiving pit Daily observation by EEI &City General Notes Dwyer did not break ground until 16 working days after notice to proceed was issued (8 working days after precon) August Summary mini Van Emmon Water Main YO0110/A w ; Construction Progress All pressure taps for side street tie-ins completed along Mill St. Bore &Jack under railroad tracks at Hydraulic completed —85% of all water main along Mill St complete Summary of Key Dates DATE EVENT 1-Aug 16"Pipe Delivery 13-Aug Begin WM Install on Mill St. Encountered Delays DELAY TIME DELAYED Location of WM on E. Ridge St(differed from plan location), 8/5/03 2-4 hrs Moving service in the way of W# 15, 8/7/03 2-4 hrs Exploratory digging at Hydraulic receiving pit 1 day Unlocated gas main Van Emmon- Nicor determined dead, 8/11 2 hrs Gas &WM service hit near 702 Mill, both unmarked, 8/19/03 1 day Water service location exploration 4-6 hrs Moving of material to make way for Labor Day festival 6-8 hrs Hit unmarked service at E. Ridge St., 8/22/03 4-6 hrs Average Dwyer Workforce (not including sub-contractors) per available workdays: '"available workday"considered all workdays(Monday-Friday)in a month, minus holidays 5.52 On-site meetings On site meeting 8/13/03 to discuss connection at Hydraulic On site meeting 8/28/03 to discuss connection at Hydraulic Daily observation by EEI &City General Notes Dwyer went from 1 to 2 crews around Aug. 11th September Summary Mill / Van Emmon Water Main YO0110/A Construction Progress Mill St 100% complete with side street tie-ins and 16"WM Bore&jack of casing pipe under Route 47 completed 12"WM installed on Van Emmon from Mill to Route 47 Summary of Key Dates DATE EVENT 9-Sep Begin WM install on Van Emmon 18-Sep Mill WM substantially complete 19-Sep Pressure test# 1 (-100' WM, Mill) Encountered Delays DELAY TIME DELAYED Unmarked gas service hit to building NE corner Mill/VE, 9/5/03 4 hrs Nicor on site to evaluate unmarked gas main, 9/10/03 2-4 hrs COY on site to evaluate 48" 3-sided stm swr at sta 6+25, 9/26 2-4 hrs Abandoned WM services to bank discovered, 9/30/03 2-4 hrs Average Dwyer Workforce (not including sub-contractors) per available workdays: •"available workday"considered all workdays(Monday-Friday)in a month,minus holidays 3.76 On-site meetings Daily observation by EEI &City General Notes Dwyer did not work on 9/15/03, despite good weather(65, sunny) Dwyer workforce averaged —5.5 people from 9/1 - 9/12 Dwyer workforce averaged —2.5 people from 9/15- 9/30 October Summary Mill / Van Emmon Water Main YO0110/A Construction Progress Bore &jack under S. Main St. 12" WM on Van Emmon complete Summary of Key Dates DATE EVENT 27-Oct Pressure Test#2 (-3,000'WM Mill, Van Emmon Mill to Heustis) 29-Oct Finish 12"WM on Van Emmon Encountered Delays DELAY TIME DELAYED Encountered gas service at FH#9, determined to be dead 2 hrs Unmarked service hit at Van Emmon/Main 4 hrs Connection to 12"WM in alley covered in concrete 1 day Average Dwyer Workforce (not including sub-contractors) per available workdays: *"available workday"considered all workdays(Monday-Friday)in a month,minus holidays 3.35 On-site meetings Meeting 10/10/03 to discuss line stop at alley near Wernsman Builders Meeting 10/14/03 to discuss crossing of S. Main St. (bore &jack) Meeting 10/17/03 to discuss schedule for completion of project Daily observation by EEI &City General Notes Dwyer did not work 10/15/03, despite good weather(60, sunny) November Summary Mill / Van Emmon Water Main YO0110/A Construction Progress Mill abandonment complete, minus E. Ridge St. —70% WM services off of Mill St. complete —60% of pavement replacement complete Summary of Key Dates DATE EVENT 12-Nov Begin abandonment 13-Nov Begin service installation 20-Nov Pressure Test#3 (-1,200 WM remainder Van Emmon) 24-Nov Paving begin Encountered Delays DELAY TIME DELAYED Unmarked VCP encountered in front of bank, abandoned 2 hrs Hit unmarked water service at Mill/ Fox 2 hrs Average Dwyer Workforce (not including sub-contractors) per available workdays: *"available workday"considered all workdays(Monday-Friday)in a month,minus holidays 4.89 On-site meetings Dwyer was asked to provide an updated written schedule for completion, 11/6/03 On-site meeting to re-emphasize importance of completion as expeditiously as possible, 11/ 18/03 On-site meeting to discuss pavement replacement work with ABT, 11/24/03 Daily observation by EEI & City General Notes * Dwyer had difficulty pumping up the last 1,200' of WM to pressure test. A leak detection company came out to determine leak location. Took roughly 3 days worth of work to get the test to pass. * City performed excavation at Circle Center School on 11/20/03 to help expedite Dwyer's installation of new service to school on 11/21/03 December Summary Mill / Van Emmon Water Main YO0110/A Construction Progress Pavement replacement complete Mill completely abandoned Mill services complete Dwyer removed all spoils and extra WM material from site Summary of Key Dates DATE EVENT 3-Dec Dwyer finish utility work for year 9-Dec Paving complete for year Encountered Delays DELAY TIME DELAYED Average Dwyer Workforce (not including sub-contractors) per available workdays: *"available workday"considered all workdays(Monday-Friday)in a month,minus holidays 3.17 On-site meetings Daily observation by EEI &City General Notes Work remaining to be done: *Services along Van Emmon west of Heustis *Two connections in front of bank(to bank and alley) * Removal of fire hydrants, valve boxes *Van Emmon abandonment *Storm sewer install * Landscaping restoration (to be done over winter per subcontractor) Mill / Van Emmon Water Main - Timeline (Daily Breakdown) YO01,10/A note: "Dwyer Workforce" does not include subcontractors DWYER DWYER DAY DATE EVENT WORKFORCE DAY DATE EVENT WORKFORCE Friday 30-May-03 Bid Opening - t Friday 1-Aug-03 16" Pipe Delivery, bore prep. 4 .rSaturday 2-Aug-03 no work Friday 27-Jun-03 Contract Award A Sunday 3-Aug-03 no work 4 Monday 4-Aug-03 Bore &Jack Hydraulic, Mill work 4 Thursday 10-Jul-03 Preconstruction Conference ' Tuesday 5-Aug-03 Bore cont., VV#12 install 3 Friday 11-Jul-03 no work Wednesday 6-Aug-03 Bore cont., VV#15 4 Saturday 12-Jul-03 no work Thursday 7-Aug-03 Bore complete, VV#15 cont. 4 Sunday 13-Jul-03 no work Friday 8-Aug-03 8"WM at VV#15 3 Monday 14-Jul-03 Control Staking - EEI 0 ', Saturday 9-Aug-03 no work Tuesday 15-Jul-03 no work 0 Sunday 10-Aug-03 no work Wednesday 16-Jul-03 Subcontractor milling Mill St. 2 Monday 11-Aug-03 VV#13, water service hit 5 Thursday 17-Jul-03 no work 0 * Tuesday 12-Aug-03 Excavate at Mill /Walter 3 Friday 18-Jul-03 Dwyer Mobilized 0 ;; Wednesday 13-Aug-03 Begin Mill 16"WM Install 7 Saturday 19-Jul-03 no work Thursday 14-Aug-03 WM install, FH # 1 install 5 Sunday 20-Jul-03 no work k Friday 15-Aug-03 WM install through Orange 6 Monday 21-Jul-03 no work 0 Saturday 16-Aug-03 no work • Tuesday 22-Jul-03 Boring Pit @ Hydraulic 2 Sunday 17-Aug-03 no work Wednesday 23-Jul-03 Boring pit continued 3 'fg Monday 18-Aug-03 Cont. Mill install and side streets 7 Thursday 24-Jul-03 Dwyer milling Mill St. 2 i Tuesday 19-Aug-03 WM cont., gas &wm service hit 7 Friday 25-Jul-03 Exploratory digging at Hydraulic 2 i Wednesday 20-Aug-03 WM cont., san service repair 8 Saturday 26-Jul-03 no work n Thursday 21-Aug-03 16" N of Fox, FH 3,4,5 VV6&11 8 Sunday 27-Jul-03 no work Friday 22-Aug-03 WM cont., VV6 cont., service hit 7 Monday 28-Jul-03 VV delivery, Milling Mill St. 2 ' Saturday 23-Aug-03 no work R Tuesday 29-Jul-03 VV# 1 Install 3 f Sunday 24-Aug-03 no work Wednesday 30-Jul-03 VV#2 Install 3 f Monday 25-Aug-03 16"WM cont. 6 Thursday 31-Jul-03 VV#3, exploratory dig at Hyd. 3 1Tuesday 26-Aug-03 16" Cross at MillNan Emmon 7 G:\Public\Yorkville\2001\1100110-A\Eng\Dwyer Timeline.xls DWYER DWYER DAY DATE EVENT WORKFORCE DAY DATE EVENT WORKFORCE Wednesday 27-Aug-03 Mill WM north of Van Emmon 7 , Sunday 28-Sep-03 no work Thursday 28-Aug-03 FH #6 & 7, Stuffed Mill Casing 6 ; Monday 29-Sep-03 WM install in front of bank cont. 4 Friday 29-Aug-03 Clean for Labor Day, stm swr 5 0 Tuesday 30-Sep-03 WM install to Route 47 4 Saturday 30-Aug-03 no work Wednesday 1-Oct-03 WM pushed through 47 casing 3 Sunday 31-Aug-03 no work 1 Thursday 2-Oct-03 Installing WM west of 47 3 Monday 1-Sep-03 LABOR DAY 0 1 Friday 3-Oct-03 Backfill Van Em. Bore pit 4 Tuesday 2-Sep-03 Fox interconnection 5 t; Saturday 4-Oct-03 FH #9 install 2 Wednesday 3-Sep-03 Fox int. cont., Milling of Van Em. 6 Sunday 5-Oct-03 no work Thursday 4-Sep-03 E. Ridge interconnection 5 # Monday 6-Oct-03 12"WM west of Route 47 4 Friday 5-Sep-03 Van Em. Inter., gas main hit 6 Tuesday 7-Oct-03 12"WM cont., san service hit 4 Saturday 6-Sep-03 no work 4 Wednesday 8-Oct-03 Excavation at 2+30 alley 4 Sunday 7-Sep-03 no work Thursday 9-Oct-03 Pressure taps @ Heustis 4 Monday 8-Sep-03 Van Em. Interconnection cont. 5 Friday 10-Oct-03 Pressure tap @ S. Main St. 4 Tuesday 9-Sep-03 Begin Van Emmon WM install 5 Saturday 11-Oct-03 no work Wednesday 10-Sep-03 Van Emmon WM cont. 5 f< Sunday 12-Oct-03 no work Thursday 11-Sep-03 Cross Van Emmon/Heustis 6 i Monday 13-Oct-03 Excavate for FH # 10 2 Friday 12-Sep-03 Van Emmon WM cont. 6 ` Tuesday 14-Oct-03 FH #10 install, V.E. bore mtg 2 Saturday 13-Sep-03 no work Wednesday 15-Oct-03 Not working on job, weather fine 0 Sunday 14-Sep-03 no work it Thursday 16-Oct-03 Cont. WM install west of 47 3 Monday 15-Sep-03 Not working on job, weather fine 0 Friday 17-Oct-03 Schdle mtg, prep bore pit- Main 3 Tuesday 16-Sep-03 Excavating at Hydraulic 1 Saturday 18-Oct-03 Dug Bore pit at S. Main St./V.E. 2 Wednesday 17-Sep-03 16"tie-in at Hydraulic 3 i Sunday 19-Oct-03 no work Thursday 18-Sep-03 Hydraulic stm swr, thrust block 2 Monday 20-Oct-03 Bore &Jack S. Main St. 3 Friday 19-Sep-03 PRESSURE TEST# 1 2 • Tuesday 21-Oct-03 Connection 2+30 Alley begin 3 Saturday 20-Sep-03 no work is Wednesday 22-Oct-03 2+30 Alley Connection made 3 Sunday 21-Sep-03 no work a Thursday 23-Oct-03 Backfill Alley area 3 Monday 22-Sep-03 VV#16, backfill Hyd. bore pit 3 Friday 24-Oct-03 Prelim pressure test, clean site 3 Tuesday 23-Sep-03 Van Emmon bore pit at 47 3 A Saturday 25-Oct-03 no work Wednesday 24-Sep-03 Bore & Jack Route 47 1 Sunday 26-Oct-03 no work Thursday 25-Sep-03 Van Emmon WM near bank 2 : Monday 27-Oct-03 PRESSURE TEST#2 4 Friday 26-Sep-03 48" stm swr discovered, no WM 3 iTuesday 28-Oct-03 Stuff S. Main St. casing 4 Saturday 27-Sep-03 Van Em. WM near bank 2 u Wednesday 29-Oct-03 Finish 12"WM install Vn Emn 3 G:\Public\Yorkville\20011YO0110-A\Eng\Dwyer Timeline.xls ' DWYER DWYER ' DAY DATE EVENT WORKFORCE DAY DATE EVENT WORKFORCE Thursday 30-Oct-03 FH #8 install 4 1 Monday 1-Dec-03 Mill Services 4 Friday 31-Oct-03 Van Emn clean up 3 3 Tuesday 2-Dec-03 Final Mill Abandonment 4 Saturday 1-Nov-03 no work Wednesday 3-Dec-03 Mill Service, Site Cleanup 4 Sunday 2-Nov-03 no work 3 Thursday 4-Dec-03 ABT paving 2 Monday 3-Nov-03 Site clean up 2 , Friday 5-Dec-03 Dwyer performing site cleanup 3 Tuesday 4-Nov-03 Begin Heustis Tie-ins 2 ip Saturday 6-Dec-03 no work Wednesday 5-Nov-03 Heustis tie-ins continued 3 t Sunday 7-Dec-03 no work Thursday 6-Nov-03 Heustis tie-ins continued 3 Monday 8-Dec-03 Dwyer cleanup, restoration begin 2 Friday 7-Nov-03 Heustis tie-ins continued3 E Tuesday 9-Dec-03 ABT to finish paving Saturday 8-Nov-03 Finish Heustis Tie-ins 4Wednesday 10-Dec-03 no work Sunday 9-Nov-03 no work Thursday 11-Dec-03 no work Monday 10-Nov-03 Valve install in front of bank 3 Friday 12-Dec-03 Dwyer cold patch sidewalks 2 Tuesday 11-Nov-03 Valve install in front of bank 3 1, Saturday 13-Dec-03 Wednesday 12-Nov-03 Begin Abandonment(@ vv# 13) 5 Sunday 14-Dec-03 Thursday 13-Nov-03 Begin Service installations 6 Monday 15-Dec-03 Friday 14-Nov-03 Services, Abandonment 6 i Tuesday 16-Dec-03 Saturday 15-Nov-03 no work ` Wednesday 17-Dec-03 Sunday 16-Nov-03 no work 1 Thursday 18-Dec-03 Monday 17-Nov-03 Prelim pressure test 5 1. Friday 19-Dec-03 Tuesday 18-Nov-03 Hydraulic Abandonment, srvces 8 ; Saturday 20-Dec-03 Wednesday 19-Nov-03 Leak Detector on-site, services 6 ;T1 Sunday 21-Dec-03 Thursday 20-Nov-03 PRESSURE TEST# 3 (FINAL) 6 Monday 22-Dec-03 EEI perform punchwalk Friday 21-Nov-03 Mill services 6 Tuesday 23-Dec-03 Saturday 22-Nov-03 Dwyer prep for Mill abandonment Wednesday 24-Dec-03 Sunday 23-Nov-03 no work Thursday 25-Dec-03 Monday 24-Nov-03 PAVING BEGIN, abandonment... 6 I Friday 26-Dec-03 Tuesday 25-Nov-03 Mill Abandonment S of Fox 6 3 Saturday 27-Dec-03 Wednesday 26-Nov-03 Mill services, paving cont. 6 Sunday 28-Dec-03 Thursday 27-Nov-03 THANKSGIVING 1 Monday 29-Dec-03 Friday 28-Nov-03 Dwyer compacting, cleanup 2 Tuesday 30-Dec-03 Saturday 29-Nov-03 Dwyer compacting, cleanup 2 3 Wednesday 31-Dec-03 Sunday 30-Nov-03 no work Thursday 1-Jan-04 G:\Public\Yorkville\2001\YO0110-A\Eng\Dwyer Timeline.xls Liberty Street Water Main - Timeline (Daily Breakdown) Y00110 note: "Vian Workforce"does not include subcontractors VIAN VIAN DAY DATE EVENT WORKFORCE DAY DATE EVENT WORKFORCE Thursday 26-Jun-03 Bid Opening - 1 Tuesday 26-Aug-03 16"WM at& S of Somonauk 5 Wednesday 27-Aug-03 WM cont., utility co.'s contacted 5 Tuesday 22-Jul-03 Contract Award t Thursday 28-Aug-03 Vian moved to Main/ Liberty 6 Friday 29-Aug-03 Vian install cold patch 6 Monday 4-Aug-03 Preconstruction Conference I Saturday 30-Aug-03 no work Tuesday 5-Aug-03 no work Sunday 31-Aug-03 no work Wednesday 6-Aug-03 no work Monday 1-Sep-03 LABOR DAY Thursday7-Aug-03 Material delivery,g- prep for job 5 il Tuesday 2-Sep-03 no work, utility co.'s contacted 0 Friday 8-Aug-03 Material delivery, prep for job 5 ` Wednesday 3-Sep-03 Installing 16"towards Center St. 6 Saturday 9-Aug-03 no work Thursday 4-Sep-03 no work, ComEd working 0 Sunday 10-Aug-03 no work r Friday 5-Sep-03 no work, ComEd complete 0 Monday 11-Aug-03 Connection at Walnut 7 Saturday 6-Sep-03 no work Tuesday 12-Aug-03 16"WM across Freemont 7 1 Sunday 7-Sep-03 no work Wednesday 13-Aug-03 16"WM to Freemont/Jackson 6 1' Monday 8-Sep-03 no work, SBC doing work 0 Thursday 14-Aug-03 16"WM south of Jackson 6 Tuesday 9-Sep-03 no work, Comcast doing work 0 Friday 15-Aug-03 WM &VV install at Frmnt/ Elm 7 1 Wednesday 10-Sep-03 stm swr park, utility poles gone 4 Saturday 16-Aug-03 no work t;Thursday 11-Sep-03 WM install at and S. of Spring 6 Sunday 17-Aug-03 no work Friday 12-Sep-03 WM cont., unmarked service hit 6 Monday 18-Aug-03 Remove & Replace VV13 (leak) 7 I Saturday 13-Sep-03 no work Tuesday 19-Aug-03 VV's at Freemont/Jackson 6 1 Sunday 14-Sep-03 no work Wednesday 20-Aug-03 16"WM through park 6 I Monday 15-Sep-03 no work, rain over weekend 0 Thursday 21-Aug-03 PRESSURE TEST#1 7 ''' Tuesday 16-Sep-03 16" DONE, PRESSURE TEST 2 6 Friday 22-Aug-03 16"WM at Park St., gas hit 6 Wednesday 17-Sep-03 PRESSURE TEST#3 (1) 1 Saturday 23-Aug-03 no work Thursday 18-Sep-03 PRESSURE TEST#3 (2) 1 Sunday 24-Aug-03 no work - ` Friday 19-Sep-03 Leak detector on site 2 Monday 25-Aug-03 16"WM in Liberty S to Smnauk 6 ',t Saturday 20-Sep-03 no work G:\Public\Yorkville\2001\YO0110 Contract C.3- Liberty Street Finished WM\Eng\Vian Timeline.xls VIAN VIAN DAY DATE EVENT WORKFORCE DAY DATE EVENT WORKFORCE Sunday 21-Sep-03 no work Thursday 23-Oct-03 Jackson Interconnections 5 Monday 22-Sep-03 PRESSURE TEST#3 (3) 3 'A Friday 24-Oct-03 Elm Interconnections 5 Tuesday 23-Sep-03 RE-TEST#3, PASSED 2 Saturday 25-Oct-03 Center Interconnection 5 Wednesday 24-Sep-03 VV#2 &#3 Install 5 Sunday 26-Oct-03 no work Thursday 25-Sep-03 VV#4 &#7 Install 5 Monday 27-Oct-03 Spring Interconnection (west) 6 Friday 26-Sep-03 VV#6 Install 5 Tuesday 28-Oct-03 Spring Interconnection (east) 5 Saturday 27-Sep-03 no work Wednesday 29-Oct-03 Somonauk Interconnections 5 Sunday 28-Sep-03 no work Thursday 30-Oct-03 Park Interconnection 5 Monday 29-Sep-03 Chlorination by Midwest 0 Friday 31-Oct-03 Finish Abandonment, clean site 5 Tuesday 30-Sep-03 Chlorine disinfecting pipe 0 Saturday 1-Nov-03 Vian jetting TBF & Cleaning site 5 Wednesday 1-Oct-03 1st day sampling 0t Sunday 2-Nov-03 Vian jetting TBF & Cleaning site 5 Thursday 2-Oct-03 2nd day sampling (1st day fail) 0 k Monday 3-Nov-03 Rain over weekend and in A.M. 0 Friday 3-Oct-03 Additional sample (2nd day fail) 0 i Tuesday 4-Nov-03 Rees Concrete on site 0 Saturday 4-Oct-03 no work I` Wednesday 5-Nov-03 no work 0 Sunday 5-Oct-03 no work Thursday 6-Nov-03 no work, Rees will not do work 0 Monday 6-Oct-03 Additional sample fail 0 Friday 7-Nov-03 Mtg to discuss concrete w/Cruz 1 Tuesday 7-Oct-03 Midwest rechlorinate 0 Saturday 8-Nov-03 Cruz Const. Concrete work 0 Wednesday 8-Oct-03 Chlorine disinfecting pipe 0 Sunday 9-Nov-03 no work Thursday 9-Oct-03 1st day sampling 0 Monday 10-Nov-03 Cruz Const. Concrete work 1 Friday 10-Oct-03 2nd day sampling 0 Tuesday 11-Nov-03 Cruz Const. Concrete work 0 Saturday 11-Oct-03 no work ' Wednesday 12-Nov-03 Cruz clean site, remove forms 0 Sunday 12-Oct-03 no work It Thursday 13-Nov-03 BV Sntgo Paving, Kline restoring 0 Monday 13-Oct-03 Chlorination complete 0 4 Friday 14-Nov-03 BV Sntgo Paving, Kline restoring 0 Tuesday 14-Oct-03 Vian observed service marks 2 Saturday 15-Nov-03 no work Wednesday 15-Oct-03 Liberty Services 5 i Sunday 16-Nov-03 no work Thursday 16-Oct-03 Liberty Services 5 i Monday 17-Nov-03 BV Santiago Paving 0 Friday 17-Oct-03 Liberty Services 5 , Tuesday 18-Nov-03 rail all day, no work 0 Saturday 18-Oct-03 no work Wednesday 19-Nov-03 BV Santiago Paving 0 Sunday 19-Oct-03 no work Thursday 20-Nov-03 BV Santiago Paving 0 Monday 20-Oct-03 no work,foreman & laborers sick 0 Friday 21-Nov-03 Kline Landscaping restoring 0 Tuesday 21-Oct-03 no work,foreman & laborers sick 0 Saturday 22-Nov-03 no work Wednesday 22-Oct-03 Freemont Services 5 i Sunday 23-Nov-03 no work G:\Public\Yorkville\2001\YO0110 Contract C.3 - Liberty Street Finished WM\Eng\Vian Timeline.xls VIAN VIAN WORKFORCE SUMMARY, per available working days (weekends DAY DATE EVENT WORKFORCE not included) Monday 24-Nov-03 no work 0 . Tuesday 25-Nov-03 Kline Landscaping restoring 0 t August 5.42 Wednesday 26-Nov-03 Kline Landscaping restoring 1 September 2.48 Thursday 27-Nov-03 THANKSGIVING 0 1 October 2.74 Friday 28-Nov-03 Kline Landscaping restoring 0 I November 0.72 Saturday 29-Nov-03 Kline Landscaping complete Sunday 30-Nov-03 no work Monday 1-Dec-03 no work Tuesday 2-Dec-03 no work Wednesday 3-Dec-03 EEI on site for punchwalk Thursday 4-Dec-03 4 Friday 5-Dec-03 W Saturday 6-Dec-03 Sunday 7-Dec-03 Monday 8-Dec-03 Tuesday 9-Dec-03 Wednesday 10-Dec-03 Thursday 11-Dec-03 A. Friday 12-Dec-03 Saturday 13-Dec-03 Sunday 14-Dec-03 Monday 15-Dec-03 Tuesday 16-Dec-03 Wednesday 17-Dec-03 Thursday 18-Dec-03 Friday 19-Dec-03 Saturday 20-Dec-03 i, Sunday 21-Dec-03 Monday 22-Dec-03 t Tuesday 23-Dec-03 Wednesday 24-Dec-03 Thursday 25-Dec-03 G:\Public\Yorkville\2001\Y00110 Contract C.3- Liberty Street Finished WM\Eng\Vian Timeline.xls .s' Yorkville Police Department Incident Report Summary EST `` 7836 December 12, 2003 to January 12, 2004 11_ °a' =p ittE NVv 031546 12-12-03 Route 34/Mchugh Road 031553 12-12-03 600 Blk. Heartland Drive Accident: Driver of Unit#2 slowed for traffic on Accident Route 34 eastbound at McHugh Road and was struck in the rear by Unit#1 causing damage. Two 031554 12-12-03 Desk Report passengers were transported by BKEMS. Credit Card Fraud: The complainant came to the Yorkville Police Department to report that unknown 031547 12-12-03 Beat 40 person(s)had used their credit card number in Las Theft/Criminal Damage: Several garbage and Vegas to charge $736.91 in goods and services. recycling bins were damaged, turned over or missing. Unknown subjects struck the cans with an 031555 12-12-03 Route 34/Bristol Ridge unknown pickup truck and two cans were never Accident found. 031556 12-13-03 Rt 47/Fox River Bridge 031548 12-12-03 Beat 40 Suspicious Circumstances Theft/Criminal Damage: Several garbage and recycling bins were damaged, turned over or 031557 12-13-03 100 Blk. Garden Street missing. Unknown subjects struck the cans with an Theft Over$300: This turned out to have occurred unknown pickup truck and two cans were never out of our jurisdiction between two business found. owners. Referred to West Chicago Police. 031549 12-12-03 Jewel-Osco 031558 12-13-03 2000 Blk. S. Bridge Street Retail Theft: An unknown suspect (male/white) Accident—Hit & Run departed the store , activating the anti-theft system and fled the scene in a vehicle. Store employees are 031559 12-13-03 Kennedy Road/Route 47 unable to determine what item or items may have Accident been stolen. 031560 12-13-03 Kennedy/Bristol Ridge 031550 12-12-03 Route 34/Sycamore Road Accident/DUI: On above date and time, subject Accident: Unit 1 was westbound on Route 34. Unit traveled westbound Kennedy Road. Subject went 1 went off the roadway and struck the ditch. The off the roadway, hitting embankment. Subject driver of Unit 1 was having a diabetic reaction and charged with DUI, Failure To Reduce Speed To was transported by EMS personnel. Avoid An Accident, and Improper Lane Usage. 031551 12-12-03 Beat 40 031561 12-14-03 700 Blk. Mill Street Theft/Criminal Damage: Several garbage and Criminal Damage: Complainant stated unknown recycling bins were damaged, turned over or person(s)hit her mailbox, knocking it and its post missing. Unknown subjects struck the cans with an down. Tire tracks were leading up to the mailbox, unknown pickup truck and two cans were never however,there were no other leads. Damage is found. valued at$100 (due to the complainant stating she would have to pay someone to put the post back 031552 12-12-03 1500 Blk. Stoneridge CI up.) Suspicious Circumstances 031562 12-14-03 400 Blk. W.Kendall Dr Harassing Telephone Calls l of Incident Report Summary - 031545 to 040053.doc �_ " Yorkville Police Department Incident Report Summary Es1 ' December 12, 2003 to January 12, 2004 o .I �ti== 031563 12-14-03 Route 126/Route 71 031575 12-16-03 Route 47/Route 34 Accident—Car vs Deer Traffic Arrest: Driver found to be revoked and taken into custody for such. 031564 12-14-03 200 Blk. Center Parkway Disorderly Conduct 031576 12-16-03 Route 47/Galena Road Traffic Arrest: Driver was going 97 miles per hour 031565 12-15-03 Route 47/Corneils Road in a 55 mile per hour zone (42 miles per hour over) Accident and was eventually pulled over and arrested for such. 031566 12-15-03 600 Blk. Heartland Circle Burglary From Motor Vehicle: Construction 031577 12-17-03 800 Blk. E.Spring Street equipment and tools were taken from a locked Credit Card Fraud: Victim stated $901.50 was trailer at a house under construction. The lock was fraudulently charged to their credit card. Three cut. A neighbor saw a vehicle drive away from the suspects are currently under investigation. site that evening. Total value of stolen equipment - Investigation pending. $3600. 031578 12-17-03 Route 71/Walsh Drive 031567 12-11-03 Grande Reserve Sub. Accident: Unit 1 struck Unit 2 as Unit 2 was Trespass Agreement waiting to make a left turn from Route 71 to northbound Walsh Drive. Two people involved 031568 12-15-03 Route 47/Appletree Ct. transported by EMS personnel for injuries. Accident: Unit 2 was stopped in traffic on Route 47 north of Appletree Court. Unit 1 rear ended Unit 2. 031579 12-17-03 Park Street/Freemont St Reckless Driving: Three juvenile offenders were 031569 12-15-03 100 Blk. Colonial Pkwy issued citations for squealing the tires on their Suspicious Circumstances vehicles and driving in a reckless manner. 031570 12-15-03 Desk Report 031580 12-17-03 Kennedy Road/Route 47 Supervised Release Notification Accident 031571 12-16-03 Cannonball Tr/Route 34 031581 12-17-03 1400 Blk. N.Bridge Street Accident Found Articles 031572 12-16-03 Desk Report 031582 12-18-03 Route 71/Route 126 Sex Offender Registration Traffic Arrest: Offender was stopped for not having a plate light. Officer had offender perform field 031573 12-15-03 Route 47/Route 34 sobriety tests. Offender failed all tests and was Accident found not to have a valid Illinois driver's license. Offender also had open alcoholic beverages in their 031574 12-16-03 1800 Marketplace Drive vehicle and was cited for such. Offender arrested Retail Theft: Suspect stole 13 cellular phones from for DUI and No Valid Driver's License. the service booth. This was not reported until three days after it occurred. Property valued at $5,200. 031583 12-18-03 Route 47/Main Street Pending investigation. Accident 2 of 8 Incident Report Summary - 031545 to 040053.doc `cs.p CITY '2 ; Yorkville Police Department Incident Report Summary c� . ,�6 December 12, 2003 to January 12, 2004 o (1I ' m 031584 12-18-03 Church St/Somonauk St 031593 12-19-03 600 Blk. Route 34 Accident Accident 031585 12-18-03 Yorkville High School 031594 12-19-03 Route 47/Cannonball Tr Battery: Juvenile victim was struck several times Traffic Arrest: Subject was stopped for one by juvenile offender. Pending investigation. headlight and defective exhaust. Subject was found to be suspended. Subject cited for not having 031586 12-18-03 Route 47/Route 34 insurance and for the defective muffler. Subject Accident: Unit 1 and Unit 2 were traveling was arrested for Driving While License Suspended. southbound Route 47. Both units were stopped at a stoplight. Unit 1 began to backup, striking Unit 2. 031595 12-19-03 Route 47/Appletree Court Driver 1 was experiencing medical problems at time Subject stopped for improper lane usage and failing of accident. Very minor damage to both vehicles. to use turn signal. Officer perfoimed field sobriety Driver 1 was transported by EMS personnel. tests, which subject failed. Subject arrested for DUI and later charged with having a blood alcohol 031587 12-18-03 1400 Blk. Cannonball Tr content over .08 (.099). Subject was found to also Harassment By Telephone have cannabis and drug paraphernalia in their vehicle. 031588 12-18-03 Route 34/Cannonball Tr Accident 031596 12-20-03 400 Blk. Sanders Court Runaway 031589 12-19-03 7000 Blk. Mill Road Accident: A van used as a transport vehicle (bus) 031597 12-20-03 1200 Blk. N.Bridge Street with four juvenile passengers was crossing the Mill Accident Street railroad tracks when a cross arm malfunctioned and came down on the top of the bus. 031598 12-20-03 100 BIk.W.Veterans Pkwy A mirror on the bus was damaged and the crossing Criminal Trespass: Juvenile subjects were on arm was broken off. No injuries. private property skateboarding. 031590 12-19-03 1400 Blk. N.Bridge Street 031599 12-20-03 Rt 47/Somonauk Street Accident Traffic Arrest: Officer stopped vehicle for loud exhaust. Driver had a suspended driver's license 031591 12-19-03 1500 Blk. N.Bridge Street and no proof of insurance. Driver was arrested and Accident—Hit & Run transported to Kendall County Corrections for booking. 031592 12-19-03 Route 47/River Road Accident: Unit 2 northbound on Bridge Street 031600 12-21-03 20 Blk. Gawne Lane preparing to turn left onto River Road. Unit 1 was Assist Ambulance northbound on Route 47 and did not stop before hitting Unit 2. Unit 1 ticketed for Failure To 031601 12-22-03 1400 Blk. Aspen Lane Reduce Speed To Avoid Accident. Reported Suspicious Circumstances injuries, however, refused to be transported for medical attention. 031602 12-22-03 Desk Report Supervised Release Notification 3 of 8 Incident Report Summary - 031545 to 040053.doc `s0CIl` ; °' Yorkville Police Department Incident Report Summary EST136 December 12, 2003 to January 12, 2004 Imo. N l<LE ivy 031603 12-22-03 Route 47/Galena Road 031615 12-24-03 200 Blk. E.Veterans Pkwy Traffic Arrest: Subject found not to have a valid Criminal Damage To Property: Damage was done driver's license and was taken into custody for such. to an ATM, scratches were made on it and a plastic plate was pushed in. No access was gained to the 031604 12-22-03 300 Blk. Mulhern Court ATM. Damages valued at $767. Harassment By Telephone 031616 12-24-03 200 Blk. E.Veterans Pkwy 031605 12-22-03 9000 Blk. Route 34 Accident—Hit & Run Accident 031617 12-24-03 Yorkville Middle School 031606 12-22-03 100 Blk. Colonial Pkwy Burglar Alarm: Doors found open, however, it Domestic Trouble appeared no access was gained to the building. 031607 12-23-03 Route 34/Route 47 031618 12-24-03 1400 Blk. N.Bridge Street Traffic Arrest: Reporting Officer stopped subject Found Articles for speeding on Route 34 at Route 47. R/O could detect a strong odor of alcohol coming from the 031619 12-25-03 1400 Blk. Chestnut Lane driver. Driver failed field sobriety tests. Subject Domestic Trouble was placed under arrest for DUI and cited for speeding. Subject later performed a breath test, 031620 12-26-03 Route 47/River Road resulting in another charge of DUI—BAC Over .08 Traffic Arrest: Police ran a registration check on a (.190). vehicle and discovered the registration was suspended for non-insurance. Police stopped the 031608 12-23-03 Route 47/Fox Street vehicle and arrested the driver after discovering his Traffic Arrest: Subject was found not to have a driver's license was revoked. valid driver's license and arrested for such. 031621 12-26-03 Route 34/Route 47 031609 12-23-03 Bristol Ridge/Kennedy Traffic Arrest: Subject was found to be driving on a Accident suspended license and arrested for such. Subject was also cited with driving on suspended license 031610 12-23-03 2000 Blk. S.Bridge Street plates. Retail Theft: $28.55 worth of fuel was taken. 031622 12-26-03 Route 47/Kennedy Road 031611 12-23-03 100 Blk. E.Van Emmon St Traffic Arrest: Subject was found not to have a Accident valid driver's license. Subject was arrested for such. 031612 12-23-03 Route 47/Landmark Ave Accident 031623 12-26-03 300 Blk. N.Bridge Street Accident 031613 12-23-03 100 Blk. Appletree Court Domestic Trouble 031624 12-26-03 Route 47/Countryside Officers were called to respond to the Wendy's 031614 12-24-03 1400 Blk. N.Bridge Street parking lot for subjects throwing beer cans out of a Suspicious Circumstances window. Three offenders were located. The driver 4of8 Incident Report Summary - 031545 to 040053.doc ,QED C/TY Yorkville Police Department Incident Report Summary Ill 1a36December 12, 2003 to January 12, 2004EST was charged with driving on a suspended license Accident and consumption of liquor by a minor. One passenger was charged with consumption of liquor 031632 12-29-03 1000 Blk. Adrian Street by a minor. The other passenger was charged with Sick/Injured Animal unlawful consumption of liquor by a minor, possession of cannabis and possession of drug 031633 12-29-03 Fox St/White Oak Way paraphernalia. Traffic Arrest: Subject found not to have a valid driver's license and was arrested for such. 031625 12-27-03 400 Blk. Sanders Court Runaway 031634 12-29-03 Route 47/Orange Street Accident: Unit 1 westbound on Orange Street at 031626 12-27-03 700 Blk. Heustis Street Route 47. Unit 2 northbound on Route 47 Consumption By Minor: A parent of the runaway approaching Orange Street. Unit 1 pulled out in from#031625 called to state they knew where the front of Unit 2 and Unit 2 struck Unit 1 in the juvenile was at right now, possibly at a residence on driver's side. One subject claimed injuries,but was Heustis Street. Officers responded to the residence not transported. and located the runaway who was taken into custody. The juvenile stated she had been drinking 031635 12-29-03 Route 34/Marketplace Dr prior to arrival at the residence on Heustis Street, Traffic Arrest: Subject was found not to have a where she went to pick up some clothing. Juvenile valid driver's license and was arrested for such. was charged with Consumption By Minor and released into the parent's custody. 031636 12-29-03 800 Blk. Homestead Drive Suspicious Circumstances 031627 12-28-03 Route 34/Center Pkwy Traffic Arrest: Subject was found to be driving on a 031637 12-30-03 700 Blk. Heustis Street suspended license and arrested for such. Harassment By Telephone 031628 12-28-03 200 Blk. Heustis Street 031638 12-30-03 Route 47/Landmark Ave Burglary From Motor Vehicle: $419 worth of Traffic Arrest: Subject found to be driving on a various personal items were taken from inside a suspended driver's license and was arrested for vehicle parked at the location. Subject could not such. remember if he had the driver's door locked or not and no pry marks or entry marks were observed. 031639 12-30-03 Rt 47/Countryside Pkwy Accident 031629 12-28-03 Route 34/Sycamore Road Traffic Arrest: Subject was found to be driving on a 031640 12-30-03 Route 47/Landmark Ave suspended license and arrested for such. Accident 031630 12-28-03 1700 Blk. Columbine Ct 031641 12-30-03 Walsh Drive/Lot 54 Theft $300 And Under: A strobe light valued at Theft $300 and Under: A $262 construction heater $250 was taken from atop a vehicle parked in the was taken from a site under construction. Offense driveway at this location. occurred some time between 12-27-03 and 12-30- 03, when it was reported. 031631 12-28-03 Countryside/W.Kendall 5 of 8 Incident Report Summary - 031545 to 040053.doc Ass:k ° Yorkville Police Department Incident Report Summary End 's` December 12, 2003 to January 12, 2004 031642 12-30-03 Diehl Farm Rd/John St residence by breaking out windows to gain access to Mischievous Conduct the vehicles. Property stolen valued at$400. 031643 12-30-03 100 Blk. Colonial Pkwy 040007 01-02-04 Route 126/Route 71 Aggravated Criminal Sexual Abuse: Pending Accident investigation. 040008 01-02-04 Route 47/Galena Road 031644 12-30-03 200 Blk. E.Somonauk St. Accident Other Public Complaint 040009 01-02-04 Route 126/Route 47 031645 12-31-03 Rt 47/Cannonball Trail Accident/Traffic Arrest: Unit 1 was traveling Mischievous Conduct westbound Route 126 and went through the red traffic light at Route 47. Vehicle then drove over 031646 12-31-03 800 Blk. Teri Lane grass on private property causing damage to the Warrant Arrest: Subject found to be wanted and grass, drove over a curb in the parking lot of West was located/arrested for such. Side Gyros, over the west curb and stopped in front of a residence on South Main Street. Vehicle was 031647 12-31-03 200 Blk. Hillcrest Ave traveling at a fast rate of speed. Alcoholic 911 Hangup beverages were found in vehicle. Driver failed field sobriety tests and was charged with Zero Tolerance 031648 12-31-03 400 Blk. Sanders Court (driver was 18 years old) and Unlawful Runaway Consumption By Minor(.026 BAC). 040001 01-01-04 500 Blk. Burning Bush Dr 040010 01-02-04 1400 Blk. N.Bridge Street Lost Driver's License Assist Ambulance 040002 01-01-04 Van Emmon/Woodland 040011 01-02-04 500 Blk. Dolph Street Traffic Arrest: Subject found to be driving on a Suspicious Circumstances suspended license and arrested for such. 040012 01-02-04 1400 Blk. N.Bridge Street 040003 01-01-04 Route 47/Landmark Ave Mental Case—Other Traffic Arrest: Subject found to be driving on a suspended license and arrested for such. 040013 01-02-04 Route 47/Galena Road Accident: Unit 1 eastbound Galena Road preparing 040004 01-01-04 Route 47/Walnut Street to turn left onto northbound Rout e47. Unit 2 was Traffic Arrest: Subject found to be driving on a westbound Galena Road. Unit 1 turned into Unit 2. suspended license and arrested for such. Driver of Unit 2 was transported to Copley Hospital. 040005 01-01-04 400 Blk. Sanders Court Runaway 040014 01-03-04 200 Blk. S.Bridge Street Criminal Damage: Rear window of vehicle was 040006 01-02-04 70 Blk. Crooked Creek Dr broken out of car, possibly due to a verbal Burglary From Motor Vehicle: Stereos were taken altercation prior to the incident. Damage valued at from two vehicles parked in the driveway of the $300. 6 of 8 Incident Report Summary- 031545 to 040053.doc e0 Isitc,,,:>\ Yorkville Police Department Incident Report Summary Es.14 ' I December 12, 2003 to January 12, 2004 040015 01-03-04 300 Blk. E.Hydraulic Ave 040025 01-05-04 600 Blk. Tower Lane Lost Articles Accident 040016 01-03-04 1300 Blk. Sunset Street 040026 01-05-04 Route 34/Route 47 Missing Person Accident 040017 01-03-04 1400 Blk. N.Bridge Street 040027 01-05-04 Route 34/Bristol Ridge Rd Traffic Arrest: Subject was found to have a Traffic Arrest: Subject was found to be driving on a suspended driver's license and was arrested for suspended driver's license and arrested for such. such. 040028 01-06-04 1400 Blk. N.Bridge Street 040018 01-04-04 1800 Blk. Marketview Dr. Found Articles Accident 040029 01-06-04 Kennedy/Bristol Ridge 040019 01-04-04 Route 47/Cannonball Tr Accident Accident 040030 01-07-04 1300 Blk. Coralberry Ct 040020 01-04-04 Marketview/Menards Investigation— Sex Crime: Juvenile offender Accident involvement and pending investigation. 040021 01-04-04 300 Blk. Mulhern Court 040031 01-07-04 Yorkville High School Aggravated Battery/Home Invasion: Victim states Theft $300 and Under: A spare tire valued at $200 he heard pounding on his sliding glass porch door. was taken from underneath a vehicle parked in the Victim observed a male subject standing there. lot. Unknown offenders. Victim opened door to tell subject to leave when subject pushed victim backwards. The two were 040032 01-07-04 Route 47/Galena Road involved in a physical altercation, went into the Traffic Arrest: Subject was found not to have a bathroom and possibly looked in the mirror valid driver's license and was arrested for such. according to the victim. Victim could not tell if subject used the bathroom or just looked in the 040033 01-07-04 Desk Report mirror. During the altercation, the subject lost his Mandatory Release Notification glasses. The victim stated he only wanted to return the glasses to the subject and did not want to pursue 040034 01-07-04 Bridge Street/Fox Street charges even though he had a black eye and several Traffic Arrest: Subject was found to be driving on a abrasions on his face. suspended driver's license and was arrested for such. 040022 01-04-04 Tower Lane/Somonauk Accident 040035 01-08-04 1500 Blk. Cottonwood Tr. Domestic Trouble 040023 01-04-04 1000 Blk. N.Bridge Street Deceptive Practices 040036 01-08-04 Route 34/Route 47 Traffic Arrest: Subject was found not to have a 040024 01-05-04 80 Blk. Crooked Creek Dr valid driver's license and was arrested for such. Harassment By Telephone 7 of 8 Incident Report Summary - 031545 to 040053.doc (s.;:.i°-.0 CITY 7" Yorkville Police Department Incident Report ." a �,. a a Summary EsT%1-, -=-183 December 12, 2003 to January 12, 2004 09 :.I -o CCE w4 040037 01-08-04 Marketplace/Mchugh Rd 040048 01-11-04 1200 Blk. Walsh Drive Traffic Arrest: Subject was found not to have a Warrant Arrest: Subject was located/arrested for a valid driver's license and was arrested for such. valid warrant. 040038 01-08-04 200 Blk. Countryside Pky 040049 01-12-04 200 Blk. E.Veterans Pkwy Subject was found not to have a valid driver's Deceptive Practices license and was arrested for such. 040050 01-12-04 400 Blk. W.Kendall Drive 040039 01-09-04 800 Blk. Teri Lane Suspicious Circumstances Lost Articles 040051 01-12-04 9000 Blk. Galena Road 040040 01-09-04 1300 Blk. Coralberry Ct Warrant/Traffic Arrest: Subject was found driving Assist Probation Department: Notification. on a suspended license and was arrested for such, as well as for a valid warrant. 040041 01-10-04 500 Blk. Countryside Ctr. Theft $300 And Under: A beer sign valued at $150 040052 01-12-04 Yorkville Middle School was taken from the establishment. Suspects could Citizens Assist not be identified and no evidence was recovered at the scene. 040053 01-12-04 1400 Blk. N.Bridge Street Citizens Assist 040042 01-10-04 Route 47/Route 34 Accident 040043 01-10-04 Route 47/Fox Street Traffic Arrest: Subject was found driving on a suspended license and arrested for such. 040044 01-10-04 Route 126/Wing Road Assist County Police: Multi-jurisdictional pursuit safely ended by Sergeant Klingel's use of our stop sticks. 040045 01-10-04 Orange Street/Route 47 Traffic Arrest: Subject was found to be driving on a suspended license and was arrested for such. 040046 01-11-04 100 Blk. Countryside Pky Burglary From Motor Vehicle: $2 in loose change was taken from an unlocked vehicle parked at this location. 040047 01-11-04 Route 126/Route 47 Traffic Arrest: Subject was found not to have a valid driver's license and arrested for such. 8 of 8 Incident Report Summary- 031545 to 040053.doc 04......-iia OUR RGr r/itpa�D Dz ; Y ► "i v 'DONDE D �M '''4' YORKVILLE POLICE DEPARTMENT CHIEF OF POLICE 804 Game Farm Road Phone (630) 553-4340 Harold O.Martin III Yorkville,Illinois 60560 Fax (630) 553-1141 Date: January 15, 2004, 2003 To: Chief Harold 0. Martin III From: S/Sergeant Ron Diederich Reference: Monthly Mileage Report During the month of December, 2003 the Yorkville Police Department logged a total of 18,844 miles. Total miles for calendar year 2003 were 203,768, an increase of 32,813. Individual miles are: Monthly Current Reassign / Squad Vehicle Squad Usage Miles Miles Replace Date M-1 2001 Ford Crown Victoria Patrol 3,351 66,749 2004/2005 M-2 1996 Chevrolet Caprice Admin. 220 131,541 2004/2005 M-3 1998 Ford Crown Victoria Admin. 160 117,510 2003/2004 M-4 2002 Chevrolet Impala Patrol 2,408 41,131 2005/2006 M-5 1998 Ford Crown Victoria Admin. 287 110,120 2003/2004 M-6 2003 Chevrolet Impala Chief 547 10,951 2007/2008 M-7 2001 Ford Crown Victoria D.A.R.E. 0 68,140 2004/2005 M-8 2004 Ford Crown Victoria Patrol 3,124 8,605 2007/2008 M-9 2000 Ford Crown Victoria Lieutenant 507 61,489 2004/2005 M-10 1991 Ford Thunderbird DARE 353 123,675 2004/2005 M-11 2003 Ford Crown Victoria Patrol Sgt. 2,056 29,397 2005/2006 M-12 1999 Ford Expedition Patrol/Trucks 1,368 44,820 2009/2010 M-13 2001 Ford Crown Victoria K-9 1,400 37,260 2010/2011 M-14 2003 Ford Crown Victoria Patrol 1,114 41,120 2005/2006 M-15 2004 Ford Crown Victoria Patrol Sgt. 1,949 5,467 2007/2008 iJ2o Yorkville Police Department Memorandum 4 11 , 804 Game Farm Road EST.itlif �1 116111 1836 Yorkville, Illinois 60560 �� Telephone: 630-553-4340 t Fax 630-553-1141 �. Cay Soo `0 1.1 %eodd ♦l County. . I<CE \�\ Date: January 16, 2004 To: Chief Harold 0. Martin III From: S/Sgt. Ron Diederich Reference: Alpha Speed Trailer Chief The Alpha Speed Trailer was deployed on the following dates and locations during the month of December, 2003. The trailer has been winterized and taken out of service. December 2 through December 6 Walsh Northbound at Sunflower Ct. December 10 through December 11 Fox Rd. eastbound at State St. December 15 through December 18 City Hall, Sign Mode for special census The trailer was in operation for 191 hours this month. Also two traffic studies were performed: one at Van Emmon and Heustis Sts. and one at Rt. 71 near Wing Rd. Respectfully, S/Sgt. Ron Diederich �,``�D C/1 ,, o. Yorkville Police Department Memorandum 804 Game Farm Road EST _ 1836 Yorkville, Illinois 60560 � Telephone: 630-553-4340 p L, al Fax: 630-553-1141 -p coli o T Kendeit Courtly/4CE kti\/ Date: January 2nd, 2003 To: S/Sergeant R. Diederich From: Officer D. Delaney Ref: December Truck Overweights Sir: The following information reflects my activity in the area of Truck Enforcement for the month of December, 2003: - 12/04/03 Citation #18855, 18856 - Fine $885.00 - 12/04/03 Citation #18857 - Fine $1325.00 - 12/08/03 Citation #18860 - Fine $535.00 - 12/08/03 Citation #18861 - Fine $985.00 - 12/16/03 Citation #20632 - Fine $1155.00 - 12/18/03 Citation #20633 - Fine $395.00 - 12/22/03 Citation #20643 - Fine $1155.00 ***12/23/03 Portable Scales sent back for certification - 12/30/03 Citation #20764, 20765 - Fine $3825.00 TOTAL FINES : $10,260.00 If you have any further questions, please contact me. Respectf, ly u mitted, Jk- / ' Z-/-7 Officer Dave Delaney #217 Yorkville Police Department 2003 Truck Enforcement Summary Date Time Ticket Bond Offense Location Number Disposition Funds Received Taken 02/12/03 10:23 19153 Overweight on Axles Route 47/Beaver Street $535 Guilty $405.00 02/17/03 13:10 19160 Overweight on Axles Route 71/Route 47 $210 Ex Parte $125.00 02/26/03 13:12 19171 Overweight on Gross Route 47/Route 71 $200 Ex Parte $115.00 02/27/03 7:02 19172 Overweight on Gross Route 47/Greenbriar Road $395 Pending $0.00 03/18/03 9:49 19282 Overweight on Gross Route 47/Greenbriar Road $210 Guilty $145.00 03/31/03 9:32 19293 Overweight on Bridge Route 47/Hydraulic Avenue $350 Ex Parte $245.00 04/28/03 13:12 19487 Overweight on Gross Route 47/Garden Street $210 Guilty $125.00 ' 05/07/03 12:06 19494 Overweight on Bridge Route 71/Route 47 $1,240 Ex Parte $1,025.00 05/08/03 21:35 19224 Overweight on Registration Route 47/Route 126 $260 Ex Parte $100.12 08/13/03 12:30 i 19675 Overweight on Axles Route 47/Landmark Avenue $395 Ex Parte $285.00 08/18/03 9:00 20151 Overweight on Bridge Route 71/Route 126 $1,070 Stricken $0.00 08/18/03 12:55 20152 Overweight on Axles Route 71/Route 126 $395 Ex Parte $285.00 11/06/03 9:55 20166 Overweight on Registration Countryside Parkway/Route 47 rY Y $242 Pending $0.00 12/04/03 8:01 18855 Overweight on Gross $535 Guilty $245.00 18856 Overweight on Registration Farmstead Drive/Heartland Drive $350 Guilty $97.89 12/04/03 10:31 18857 Overweight on Bridge Route 71/Route 126 $1,325 Pending $0.00 12/08/03 9:16 18860 Route 71/Route 47 $535 Pending $0.00 12/08/03 13:06 18861 Overweight on Gross Route 47/Galena Road $985 Pending $0.00 12/16/03 10:33 20632 Overweight on Axles Galena Road/Route 47 $1,155 Pending $0.00 12/18/03 10:13 20633 Overweight on Bridge Route 47/Greenbriar Road $395 Pending $0.00 12/22/03 9:56 20643 Overweight on Bridge Route 71/Shadow Creek Lane $1,155 Pending $0.00 12/29/03 11:03 20764 Overweight on Bridge Route 47/Cannonball Trail $1,405 Pending` $0.00 20765 Overweight on Registration Route 47/Cannonball Trail $2,420 Pending $0.00 Totals For Bond Taken and Fines Received After Court Costs - 2003 $15,972 N/A $3,198.01 Totals For Bond Taken and Fines Received After Court Costs - 2002 $42,014 N/A $21,665.12 Totals For Bond Taken and Fines Received After Court Costs - 2001 $56,232 N/A " $30,226.86 Totals For Bond Taken and,Fines Received After Court Costs - 2000 $25,815 N/A $13,026.43 Running Total $140,033 N/A $68,116.42 Report Last Updated 1/6/2004 at 2:59 PM Page 1 of 1 Authored by Molly Batterson, Office Supervisor Yorkville Police Department Offense Report - December 2003 Offense Categories DEC 02 JAN FL"73.' MAIZ: APIC ..} MAY JUN ', JUL ' I ",AUG "-.SEP ; I OCT I -NOV- ';FDEC:.. " 03 TOTALS � Arson 0 0 I 0 r 0 0 ( 0 0 0 0 ( 0 0 0 0 0 _._ Assault 0 0 1 0 0 2 j__ 1 0 0 0 1 1 1 1. 0 0 5 1 ___.-- � � Batter 8 4 9 7 8 6 3 8 6 6 15 2 3 7 _-y y _-_ _..-_ _.SSSS 1 - l � � � 9 Burglary lg_.__. _... 71.___.. l.___ 4. _--�----_ 2_._.._. _ 6..__.__ 141_ 31__. 9 1 3 8__...1 .__._4__.., 63 Cannabis Offenses 0 1 1 1 2 2 2 2 1 1 1 3 1 4 1 2 4 1 2 26 Controlled Substance Offenses 1 0 0 � 0 0 0 0 0 0 1 2 0 1 0 3 Crimes Involving Children 4 2 1 7 ' 0 4 1 ( 0 0 1 4 2 1 2 1 5 1 4 31 Criminal Damage 23 9 3 10 10 15 13 11 11 1 10 1 15 13 21 141 Deceptive Practices 2 9 2 7 2 0 2 4 1 1 7 2 4 2 42 Drug Paraphernalia Offenses 1 1 1 1 1 2 1 0 1 2 1 3 2 1 1 2 17 Firearms Offenses 0 0 I 0 0 I 0 0 1 00 0 0 0 1 0 I 1 Gambling Offenses 0 0 1 0 0 0 l 0 1 o y 0 I 0 0 0 0 0 0 -1- _.SSSS._1 Kidnapping 0 0 I 0 0 1 0 ! 2 1 0 1 0 1 0 1 0 1 0 0 r 0 2 4�i':� ! ,-:. l;�. M._.,.L�. L -""$*i '"1a.Xr,.r.'YR':F .� ... 'S'.`A4"' F.�... :k1'.. �. xb' ....y� ... ta?!,,, .. .: ,-:a- _ ..t .... ..,..- �,:..,y. �,.. 1 fir. ..v .,.. .....�..: . :..... ,.:.I'. .. �—.. ..�'.... G....�L..✓. -i '� ... ..,. �.. ... �:... .r e`S,'. �.l'.�r vy} .... ,. ,. �- << �.�. f t.�vli _ ,f .-�...i..,. .......,.. ..: �.. -...... �- .,. i_ �L,�....✓ S.n�> .� 3k ns i v. o.. s ?w...,. �... 9 s' v ii.�� '.^r.,.. -x � . ,pt i �� S!'.X.:ti-: .r rr... s_ .7:nxe r __....4 fi�.,. ....a- .Kr. .AYE..b.:, .ata.. r ..,a ,.�3a. . ii. . ,.. ..5I...,:r�x... s ,. n: "1K':. ,~'>� tr' e°111 e ...,,., i 3.. -.r r.r:-h .i.... ✓h.i J .. .t .3 .. it ... .. F, ... . f " r ✓.. ,,,. "'i C.3•�i.gi , anX^l '41..: ,.,.,..t .,. Vrll'etlL,� �tli.t. �'.pp,,��t..l'. .gip..1.0.... jy}.,.-. . ..,U :.,.,-. ..�. .... ><...i,'.a /fig ..o'i?..,z` .e 0 ,.., s; ra. .,p.�',, . .�'',n ..r.;i ��, d ./��t;.ry�, �:. .h. X3 ,.vX',- r..: <,,,,�, 1$ . ..ICl llr, ._�� Il V.,. �. !:.... ,f .i,. �.. ✓� (�_..yt,� -... ...�,W rr,R�rf�X�,�a v;'. s �. � gpp. I.t� ��, �. V�;,. �'�r' .., .y�'��, ,•y .ass k,Ks S t .�E t .:v.��-..x...Yu._.�s. i'�r.ya`A,..�• .[vks� 'av�L.��a i e.ua�j}.'�ut7'fsi'.�F I,6hFFk�.' '� �a-..1;^. ��siiY�Yrdi�.i.�L�.' '4eaA�}'�.S�dnw' �d�� ,, ,<.�A*3.'r�P�"� .�a'�� .9i��a�'.gt,T�i�rdZ�. Liquor Offenses 0 0 l 1 0 1 •0 6 1 3 7 0 2 1 3 3 26 Murder 0 0 0 0 0 0 0 ! 0 0 0 1 o 0 o 0 ..._ .1_____..__._... .___..__....___. .SSSS_._______ __._. .___. SSS.. .,,.__._...___._____ Robbery 0 0 0 0 0 0 0 I 0 I 0 ; 0 �__0 0 0 0 __.._ ----_-- {. SSSS. _ Sex Offenses 1 0 0 0 0 0 0 I 0 1 0 0 0 j 0 1 _ SSSS__SSSS_ i -_ _____-___.—._. __.__. _ .___� Theft 10 6 4 10 4 1 8 8 7 10 10 15 10 1 15 107 _._.__._......__ _..l....._.._..___.. 1_.._ ___,,_. .__..,,.. _ ,v.._._ __....__.._,__ _......._- All Other Criminal Offenses 17 13 1 18 1 20 15 ( 21 1 0 1 22 1 13 1 10 1 16 1 16 I 12 176 Tiaflic Incidents DEC . JAN.- FEB .1 :MAR APR` "MAY I" JUN:', I JUL ',1'.. 001,1,.... SEP, :' : OCT ;>I NOV. ;1 ;D.E+C` -,03,TOTALS`' Driving Under The Influence 6 8 1 7 1 10 4 1 0 8 1 0 1 12 I 0 1 04 1 7 60 ense raton ons License/Registration Violations 18 33 41 i 44 45 1 44 1 36 27 70 I 25 19 1 31 62 477 ... i .___.._._._.. Seatbelt Citations 1 9 1 18 9 2 19 10 37 36 � 17 78 277 Seat ______6_____L_36 __ Seatbelt Warnings 9 8 8 0 11 15 13 { 28 14 13 15 6 4 135 � ..__..__ , ._.._ ..._.---_!.SSSS ._.__. _,__ SSSS __..SSSS .__! � _ . ..__.._,... .�_..__ Speeding Citations 16 31 39 39 32 25 1 38 26 20 23 16 31 55 375 ,,_______.._.____. 1 ___._..__.�_.___-._ __._ SSSS ._j__..._._._.__._._I,__.______.___ __.SSSS_ __..___._. Speeding Warnings 19 44 j 64 45 35 1— 0 0_________33___L_51____,____33_.__i____32_____1___.44___33 1 89 470 -__- _. Transportation of Alcohol 2 0 1 1 2 0 I 0 2_2 0 31 0 0 2 1 1 11 S_._..SSSS_. ..._____. .._�� Uninsured Motor Vehicle 20 36 1 39 r 32 • 44 44 I 34 23 i 33 1 22 ( 15 27 1 54 403 Total Citations Issued ,79 80 175 ', :164 . 151 171 163 ;129 i , ;159 110 '7.7 ; 156 109: 1644 Total Verbal Warnings Issued 37 35 32 33 1 34 ' 29 37 .: 34 86 38 t 32 ( 35 1 53 478 arnin sIssued „ 167 _1 Total•Written�V g 297 45I 285' 282 1371 221 i 228 r 242 ; 241 230 265 390 '3503 AccidentReports Taken . DEC:' JAN 1=' I+EB 'I -MAR " Af'II '•MAS"' 111N : .`JUL` AUG SEP OCT -"I 'fNOV ` DEC, 03 TOTALS Hit and Run Accident 3 4 2 1 3 1 1 3 1 0 1 2 1 2 _1.* 3 r 0 1 6 1 2 28 Property Damage Accident 23 17 20 1 23 14 I 19 I 25 1 21 18____1_____22 16 125 _ 37 257 Personal Injury Accident 5 3 1 1 3 1 0 2 7 f 5 7 ( 4 6 1 4 6 48 Total Accidents Taken 31 `24 ! 23 29 1' 15 24 32 I s 28 i '27 { 29 22. I !, 35 45 333 Yorkville Police Department Manhour Report - December 2003 PATROL .. DEq.02 . .JAN., .1 ,,,kEB . ,,.;MAR 1 .,,,APR; ',MAY, _JUN.,1..,,:.JUL4,, f..,_AUG .,,,,sEy ,,1 OCT: ? , NOV ,1 DEC 2003:TOTALS Accidents _12,19, 16,00 16 7S 21 75 975 18 02 2i92 18 52i 21 25 20 25 21.78 1:7_.p1 31:88 26520 Administrative Activity 326.80 432.67 316.421. 354 65 293.671 271.07 346.08t 415 17 330.25 385.27 666,25 574.23 -395.5-3 4 781.26 Animal Complaints �� 2.333 2.501 4.751 3.92 2.08 9.83 5.42 9.70 2.75 6.00 3.50 2.67 3.17 56.29 Arrest Activity 21.67 21.82 24.631 26.581_ 35.33 20.33 37.75 41.751 28.08 19.171 16.38 53.22' 31.58 356.62 Assist Agencies 98.48 115.82 125.001 106.42 109.42 132.60 126.061 154.75[ 170.27 148.88 119.17 158.58 139.93 1,606.90 Community Relations 42.58 27.50 25A2 37.58 30.87 64.50 46.67 85.921 94A2 61.33 44.75 59A2 3225 610.63 Departmental Duties 89.43 _87_.58 97.08 72.08 87.00 77,83 80.73 79.08, 92.98 77.22 9830 107 28 115 58 1 072.74 Investigations 142 92 116.81 89.42 100.50i 45.08 99.25 112.08 89.251 50.42 94.73 147 17 206 52 1,151.29 Ordinance/Traffic Violations 83 78 63 101 86 82 63.33 84.00 69.15 58.22 46.0 64.42 72.8 48.83 145.33 125.18 927.26 Personnel Activity 698.58 466.351 344.30 434.971 516.75 42725 527.23 614.07 464.57 597.571 677.45 710.431 757.22 6 538.86 Preventive Patrol 585.83 520,33 558.52 622.80 688 13 718.98 626 83 789.57 952.50 774,12 92628_ 733.921 809 53 8 791.51 Public Complaints44 17 36.131 40 33 51.95 63 67 64:33 62.77 84.43T 03 99 75 63 98 104.32 123 221 59 15 854 Public Services 34.38 35,67 3133_ 36.751 28:75 33.08 28.67 38.67 30.75 49.67 64.95 45.831 74.65 498.77 Report Activity129.33 177.33 114 73 143.75 172.90 119.58 131.50 156.83 189.25 161.82 231.27 371.201 259.33 2,229.49 School Activity 174.75 230.08 192.83 252.75 166.33 213.00 61.75 4.75 74.83 226.08 358,07 159.751 170.50 2,119.72 Traffic Activity 328.58 309.17 287.98 257.50 241 33 252.75 212.75 216 30, 267.33 250.83 289.75 352.87 530.48 3 469 04 Training 19.17 127.83 102.331 128.08, 290.42 333.08 164.001 241.081 102.67 110.07 354.65 234.421 62.00 2,250.63 ADMINISTRATIVE DEC 02„` JAN 0� .,.PFB ; _x=MAR•_. •APR .: AY ` Jit UL U + . .;,.EP, . ,. ,,. ,: ,, - ..- .: .,,. .. .,� - . . ;, �,,,,� ,--,,.a-•.._ M .,,_• N.. � � -J ,�, A G. �.:� � ..:�;,. OC.T :NOV ; 1` DECD.. 2003',;TQTALS: Chief 173.33 173.33 __1,7333 173.33- 17333 173.33 173 33 173 33' 17333 173.331_ 17333 173.331 173.33 2,079.96 CPAT Officer 173.33 173.33 173 33 173.33 173.33 173,33 173.33 173,33 173.33 173.33 173.33 173,331 173.33 2,079.96 Crossing Guards(In Days) 32.00 38.00 33.50 34,00 32.00 40.50 8,00 0.00 8.00 42,00 43.50 32.001' 30.00 341.50 Lieutenant 173.33 173.33 173.33 173.331 173 33 173.33 173 33 173.33 173.33 173 33 173.33 173 33 173.33 2 079 96 Office Supervisor 173.33 173.33 173.33 173.33 173.33 173,33 173.33 173.33 173.33 173.33 173.33 173.33 173.33 2079.96 Records Clerks 263.33 278.83 276.08 302.83 297.831 290.58 277.08 177.331 182.33 266.83 298.33 264.081 287.58 3,199.71 TOTALS ....:,_ 25.24 __.._ r .:.... ,........ � 38 .. .. 37.6.91 .,.. 461,54 -.,,..37451 :,�3 88 6 �-. 49. <.,:, tit ;: 56-4 2 4 :;=402 29 ; e: 2-.:. 8 .,; -�: >�.:.. �:,,_ „- _ 9.<„ �. �- [,_� � �.:- :� 3�,�,�3�, .03�. ,� :,.9,fi3[.,h��.. �1�_.39 ,D.1 [ : :-...7• .,,�...5 .5.5 �:.:SQ1¢.27�;..4815, 8 ,y : 49432.30 Yorkville Police Department - Overtime Manhour Utilization Report - December 27, 2003 Date Court Training Relief -' Details Admin Emerg Invest Corn Sery Full Time Part Time. 05/17/03 1 5 9 5 1 1 5i 61 0 I 0 5.5 1.___.-._ 9 ...._.__ i36.5 I 102 05/31/03...1 8 9 6 1 43.5 15 1 0 1 255 3 965 1 855 06/14/031 6 0 1 6 1 11 1 29 1 0 l 14 6 72 f 64 06/28/03 ...` 8 5 0 1 0.75 0 2 0 i 1 l 12 5 .__._. I_._ 23 75 84 5 07/12/03 6 0 0 I 4 1 0 ________ 07/26/03 6 1 26._.,_... 6 ...._.__ 3.5 s 4 0 1_.__. 15.5 2 163 5 162.5 08/09/03 7 2 - 1, -_...w13 � 1 0 11.5 _._..I __.0 21 0 t _ 46 196.75 08/23/03 1 4 5..... ,_._.1. 7 5,..._.. 1 0 ,..._.... ..___._ 14 25 1 2 39 75 180 75 09/06/03 1 6 1 1 i 0 j 7 � 62 25 1 2 1 , 0 _._1____ 8 5..___ +_.._._. 65 92.25 1 178 5 0 9/20/0 3 3.___. ._.. 0 _. ..._ € .. ._.....0 ....__..... .._...6.5 ...__ 1 __._.._0 1..._. .__0__ 1 _.12 5 ` 6 5 _...._285 I____164 5 ,. 10/04/03 1 6 1 20 F 0 1 0 0 10 1 3-.25 13 42 25 1 121 10/18/03 10 12 1 25 1 13 75 1 6 i 0 2.5 5.5 74 75 1 192 5 11/01/03 6.5 1 7 23.-..__ 4 - 1 ....__.._4 0 1...__ 19 53_._ 8 1 _ 119 25 11/29/03 '.__.115 I._.. 0 � 8 i 4 2 _1 0 -__' 20.75 0 46.25 1 46.5 12/13/03 I __ __ _.__.__ 1 ..__ 0 ...__ 1 3 .._ 1 20 ? 0 l ,._0._. . 6 5 40 1 17 25 12/27/03.... `} .__....._ i _......._. .0... ,.. E 4 1 462 1_.... 0 1_.._._ 2..._.. 0 58 1 12 1. 01/10/04 ( _ ! _.__m.. 0 ...__ 01/24/04._ 02/07/04 1 ' 1 02/21/04 _ ( 1 1 03/06/04.,.. I i L I 1 0 03/20/04 1 ___.... I # ._ 0 04/03/04.__1l l 0 1 04/17/04 1 i i i _... 0 i FY03-04 Court Training Relief Details Admin Emerg Invest Com Sery Full Time Part Time Totals 112.00 101.00 109.25 224.50 69.25 0.00 214.00 73.50 903.50 903.50 Percents 12% 11% 12% 25% 8% 0% 24% 8% 100% N/A Average 6.59 " 5.94 6.43 13.21 4.07 0.00 12.59 4.32 34.75 . 34.75 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY02-03 Court Training Relief Details Admin Emerg InvestCorn Sery Full Time Part Time Total Hours 100.25 154.75 557.5 232.75 113 16 488.75 130.5 1793.5 1824 Percents ` 6% " 9% 31% 13% 6% 1% 27% 7% < 100% N/A Averages 3.86 5.95 21.44 8.95 4.35 0.62 -18.80 5.02 ' 94.25 70.15 o.,.,.,..,.a I-.., hA.-.ii., o..u....,.. -1in1-)nnn n.-.,,,. 1 Yorkville Police Department - Overtime Manhour Utilization Report - January 10, 2004 Date H Court Training Relief ' Details Admin Emerg Invest Corn Sery Full Time Part Time 05/17/03 1 5 9 5 1.5 6 0 0 5.5 9 36.5 __ I_ 102 • , . _ _ _ _ __ __ ___ __ _ __ _ . ,_ 05/31/03 8 9 6 43.5 1.5 0 .5 3 96.5 85.5 „ _25 06/14/03 6 0 - 6 11 j 29 ...,L 0 14 6 72 64 06/28/03-1 - 8.5-- - 0 f 0.75 0 2 1 0 12.5 0 23.75 84.5 _ „ _ „____ 07/12/03 6 0 0 4 ' 0 0 8.75 I 0 18.75 177.5 07/26/03 6 26 6 3.5 1 4 0 15.5 1 2 63 1 162.5 ... . _ „ „ , . 08/09/03 7 2 13 0 L 3 0 21 1 0 46 1 196.75 08/23/034.5 7.5 0 0 11.5 0 14.25 1 2 39.75 180.75 ..„ _ _ _ _ .__ 09/06/03 6 0 7 62.25 2 0 8.5 6.5 )C-92.25- 178.5 _ ..., 09/20/03 3 0 0 6.5 1 0 0 -1- 12.5 6.5 1 28.5 164.5 . , 10/04/03 - 6 - 20 0 0 0 I 0 3.25 13 42.25 121 ,_ .. . 10/18/03 10 12 25 13.75 6 I 0 2.5 1 5.5 74.75 192.5 . 11/01/03 6.5 I 7 1 23 4 2.25 0 '- 22.5 1 7 72.25110 11/15/03 8 8 6 0 4 0 19 8 53 1 119.25 _ 11/29/031 11.5 1 0 8 4 2 0 ' 1 20.75 0 46.25 46.5 , ,... 12/13/03 6 0 3 20 0 1 0 1-- 6 5 40 17.25 ... 12/27/03 4 0 ' 4 46 2 1 0 2 "1 I_ 0 58 12 ' 01/10/04 6.5 20 7 7 4 0 I 1 449.512 01/24/04 1 0 02/07/04 ) l 0 02/21/04 .L._ -r 1 0 . . ...... ..... ..... 03/06/04 0 _ 03/20/04 0 „ _ . _ „ . 04/03/04 ._ L I0 04/17/04 1 1 1 I.... 05/01/041 FY03-04 Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time Totals 118.50 121.00 116.25 231.50 73.25 0.00 215.00 77.50 953.00 953.00 Percents 12°iv 13% 12% 24% 8°/o 0% 8°/o 100% ' N/A Average 6.58 6.72 6.46 12.86 4.07 0.00 11.94 4.31 36.65 36.65 LAST YEAR'S STATISTICS FOR MANHOUR UTILIZATION FY02-03 Court Training Relief Details Admin Emerg Invest Corn Sery Full Time Part Time Total Hours 100.25 154.75 557.5 232.75 113 16 488.75 130.5 1793.5 1824 Percents 6% 9% 31°/a 13% 6% 1% 27% 7% 100% N/A Averages 3.86 5.95 21.44 8.95 4.35 0.62 18.80 5.02 94.25 70.15 Prepared by Molly Batterson 1/16/2004 Page 1 KenCom Public Safety Dispatch Center Police, Fire and EMS Activity Report November 2002 through November 2003 Nov 02 Dec 02 Jan 03 Feb 03 Mar 03 Apr 03 May 03 June 03 July 03 Aug 03 Sep 03 Oct 03 Nov 03 .endall County Sheriffs Police 2844 2486 2431 2175 2752 2854 2915 2328 2742 2534 2567 2610 2250 >swego Police Department 1648 1386 1439 1497 1482 1522 2044 1880 1771 1980 1859 1807 1502 'orkville Police Department 785 803 723 825 930 720 823 826 846 897 734 797 787 'fano Police Department 791 852 724 849 794 850 894 877 944 904 871 793 672 .otal Police Incidents 6068 5527 5317 5346 5958 5946 6676 5911 6303 6315 6031 6007 5211 )swego Fire/EMS 209 204 197 157 207 202 241 215 237 216 170 185 195 Bristol Kendall Fire /EMS 91 119 74 94 103 88 101 95 143 110 110 103 73 'fano / Millbrook Fire / EMS 58 53 35 45 69 54 56 61 93 60 66 58 43 lewark Fire/EMS 22 16 24 17 22 31 24 16 30 19 25 22 17 isbon/Seward Fire 5 ' 4 13 5 10 11 9 7 8 12 6 15 8 sandwich Fire 70 55 61 59 56 74 59 50 106 67 85 56 55 'otal Fire & EMS Incidents 455 451 404 377 467 460 490 444 617 484 462 439 391 .otal Police, Fire & EMS 6523 5978 5721 5723 6425 6406 .7166 6355 6920 6799 6493 6446 5602 0 of Police calls to total 93% 92% 93% 93% 93% 93% 93% 93% 91% 93% 93% 93% 93% o of Fire/EMS to total 7% 8% 7% 7% 7% 7% 7% 7% 9% 7% 7% 7% 7% 7500 Police Fire/EMS Total Calls Nov 02 6068 455 6523 7000 iI I-- Nov 03 5211 391 5602 alk () ncrease or decrease in year -857 -64 -921 6500 - krirsal1111111, i l ) -14.1% '-14.1% -14.1% A A 6000 - A 1- 1 .1 5500 — — --- -- 5000 - .- — -- — ----------------- 4500 — — —.. --- oP 443 `O6 \+44° `(11 \�1 ,p�'� `cP \pia,c§, `o2 \Oc),p�0 `d) \CP _,OC) t°^ \O^ ,ON °1 X � )s> 01'401' ,0-5 \°�,Ob ,-.\,,,,o 4,a �� 4o �a �� .c.,9 ‘,9 ),> �o \V, )s) ,\o 4\a )s ..\(544a )s) �o ,4\q>,4\q> � \40 ‘_\o KenCom Public Safety Dispatch Center Incoming Telephone Call Load Study For the Month of November 2003 Yorkville Plano Oswego Millington Kendall County Regular Oswego B-K Newark Sandwich Daily Police Police/Fire Police Police Sheriffs Department &Cell Fire/EMS Fire/EMS Fire/EMS Fire& Totals 5856 5857 5858 911 EMS 1 33 13 4 12 61 4 4 106 0 1 0 2 240 2 31 14 17 1 40 0 0 59 1 0 0 3 166 3 24 18 5 1 36 2 11 61 1 0 0 2 161 4 17 12 12 0 495 6 58 0 2 1 6 168 5 19 11 5 0 69 5 4 67 0 4 0 3 187 6 24 19 5 0 51 2 6 56 0 0 0 3 166 7 19 _ 9 6 0 65 8 19 72 0 1 0 2 201 8 22 10 26 1 56 3 11 70 2 0 0 0 201 9 22 12 28 0 44 2 7 66 3 0 0 0 184 10 16 7 7 1 57 4 9 69 4 1 0 5 180 11 46 11 18 1 68 6 10 70 2 2 1 2 237 12 29 19 13 1 63 9 11 115 3 2 0 3 268 13 30 5 4 0 47 5 13 79 0 1 0 9 ' 193 14 29 9 5 1 45 0 13 69 5 0 3 6 185 15 27 16 18 0 46 6 5 84 1 1 0 4 208 16 21 13 14 0 52 2 4 56 3 1 0 0 166 17 21 8 9 0 54 5 4 45 5 0 0 0 151 18 32 5 5 1 51 1 10 96 3 2 0 4 210 19 20 12 7 0 39 5 3 58 1 0 0 3 148 20 33 13 7 1 34 1 4 58 3 0 0 4 158 21 36 18 8 0 68 3 11 113 1 1 0 7 266 22 32 8 15 0 53 1 11 87 1 0 0 0 208 23 15 5 14 0 43 0 8 70 2 1 1 0 159 24 17 10 14 1 47 5 4 59 2 2 0 5 166 25 24 11 10 1 54 2 0 67 0 0 0 2 171 26 32 7 _ 13 1 63 8 8 79 3 0 0 1 215 27 14 6 7 0 40 1 6 39 0 0 0 1 114 28 24 15 12 _ 0 33 1 5 63 0 5 0 1 159 29 31 11 12 0 48 3 1 56 2 1 0 2 167 30 33 11 7 0 89 6 4 52 3 0 0 0 205 0 773 338 327 24 1565 105 212 2099 51 28 6 80 , 0 5608 % 14% 3% 3% 0% 16% 1% 3% 27% 1% 0% 0% 1% Total calls for all departments 5608 1015 Reg 9-1-1 calls + 1084 cell 9-1-1 calls = 2099 Cell = 52% of 9-1-1 calls I DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 1 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AATC AURORA AREA TOURISM COUNCIL DEC LIDIAS 12/31/03 01 DECEMBER LIDIAS HOTEL TAX 0111065005844 02/10/04 46.80 INVOICE TOTAL: 46.80 DEC SUPER 8 12/31/03 01 DECEMBER SUPER 8 HOTEL TAX 0111065005844 02/10/04 1,166.67 INVOICE TOTAL: 1,166.67 VENDOR TOTAL: 1,213.47 AMOCO AMOCO OIL COMPANY 5902009801401 01/09/04 01 2 MONTHS BILLING - GASOLINE 0141065005812 02/10/04 1,479.32 02 2 MONTHS BILLING - GASOLINE 5100065005812 1,479.32 03 2 MONTHS BILLING - GASOLINE 5200065005812 1,479.32 INVOICE TOTAL: 4,437.96 VENDOR TOTAL: 4,437.96 AMREDCRS AMERICAN RED CROSS ORDER #04-001 01/08/04 01 ANNUAL OFFICER TRAINING 0121064005604 02/10/04 279.20 INVOICE TOTAL: 279.20 VENDOR TOTAL: 279.20 AROLAB ARRO LABORATORY, INC. 31863 12/30/03 01 WATER SAMPLES 5100065005822 02/10/04 132.00 INVOICE TOTAL: 132.00 31897 01/12/04 01 WATER SAMPLES 5100065005822 02/10/04 66.00 INVOICE TOTAL: 66.00 31924 01/19/04 01 WATER SAMPLES 5100065005822 02/10/04 49.50 INVOICE TOTAL: 49.50 VENDOR TOTAL: 247.50 ASOCTECH ASSOCIATED TECHNICAL SERVICES DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 2 TIME: 12:16:40 DETAIL BOARD REPORT I ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ASOCTECH ASSOCIATED TECHNICAL SERVICES 13596 01/15/04 01 LEAK DETECTION 5100062005401 02/10/04 585.00 INVOICE TOTAL: 585.00 VENDOR TOTAL: 585.00 ATT AT&T 0101040 01/01/04 01 AT&T 0111062005436 02/10/04 8.70 02 AT&T 0121062005436 8.70 03 AT&T 5100062005436 8.68 INVOICE TOTAL: 26.08 011304 01/13/04 01 AT&T 0111062005436 02/10/04 37.90 02 AT&T 0121062005436 37.90 03 AT&T 5100062005436 37.88 INVOICE TOTAL: 113.68 VENDOR TOTAL: 139.76 BCBS BLUE CROSS BLUE SHIELD 020104 02/01/04 01 FEBUARY HEALTH INSURANCE 0111050005203 02/10/04 40,005.28 INVOICE TOTAL: 40,005.28 VENDOR TOTAL: 40,005.28 BENNEG BENNETT, GARY L. JAN 04-JUNE 04 01/27/04 01 BRUSH DISPOSAL 0154062005443 02/10/04 600.00 INVOICE TOTAL: 600.00 VENDOR TOTAL: 600.00 BNY BNY MIDWEST TRUST CO. 31482-555971 01/14/04 01 ADMIN FEE - NORTH WATER TOWER 4100075007504 02/10/04 214.00 INVOICE TOTAL: 214.00 VENDOR TOTAL: 214.00 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 3 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BONESZ BONESZ, ZACHARY 010504 01/05/04 01 DENTAL ASSISTANCE 0111050005205 02/10/04 19.00 INVOICE TOTAL: 19.00 VENDOR TOTAL: 19.00 CARSTAR CARSTAR COLLISION CENTER 14410 01/15/04 01 REAR DOOR MOLDING - M4 0121062005409 02/10/04 67.73 INVOICE TOTAL: 67.73 14422 01/16/04 01 WEATHERSTRIP - M13 0121062005409 02/10/04 83.81 INVOICE TOTAL: 83.81 VENDOR TOTAL: 151.54 CBI CB&I PAY EST #11 01/15/04 01 PAY EST #11 4100075007504 02/10/04 50,381.75 INVOICE TOTAL: 50,381.75 VENDOR TOTAL: 50,381.75 CINTAS CINTAS FIRST AID & SAFETY 343201675 01/23/04 01 FIRST AID SUPPLIES 0121065005804 02/10/04 25.50 INVOICE TOTAL: 25.50 VENDOR TOTAL: 25.50 CLEANSWP CLEAN SWEEP SWEEPING SERV. 123003 12/30/03 01 SWEEP SPRING STREET 0141062005401 02/10/04 375.00 INVOICE TOTAL: 375.00 VENDOR TOTAL: 375.00 COMDIR COMMUNICATIONS DIRECT INC 60192 01/20/04 01 REPAIR MODEM - M14 0121062005409 02/10/04 375.00 INVOICE TOTAL: 375.00 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 4 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMDIR COMMUNICATIONS DIRECT INC 67532 01/13/04 01 HT-1000 BATTERIES 0121065005804 02/10/04 175.00 INVOICE TOTAL: 175.00 VENDOR TOTAL: 550.00 COMED COMMONWEALTH EDISON 010204 01/02/04 01 ELECTRICITY 0141062005435 02/10/04 312.84 INVOICE TOTAL: 312.84 010204A 01/02/04 01 ELECTRICITY 0141062005435 02/10/04 166.09 INVOICE TOTAL: 166.09 010504 01/05/04 01 ELECTRICITY 0141062005435 02/10/04 13.45 INVOICE TOTAL: 13.45 010504A 01/05/04 01 ELECTRICITY 0141062005435 02/10/04 402.17 INVOICE TOTAL: 402.17 123103A 12/31/03 01 ELECTRICITY 0141062005435 02/10/04 185.05 INVOICE TOTAL: 185.05 VENDOR TOTAL: 1,079.60 CONDESGN CONSERVATION DESIGN FORUM 2915 01/12/04 01 PASQUINELLI DEVELOPMENT 0100013001372 02/10/04 2,092.50 INVOICE TOTAL: 2,092.50 2916 01/12/04 01 WETLAND ORD DEVELOPMENT 0122062005401 02/10/04 360.90 INVOICE TOTAL: 360.90 VENDOR TOTAL: 2,453.40 COYPETTY CITY OF YORKVILLE PETTY CASH 011504 01/15/04 01 POSTAGE 5100065005808 02/10/04 80.44 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 5 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COYPETTY CITY OF YORKVILLE PETTY CASH 011504 01/15/04 02 LIEN FILING 5100061005300 02/10/04 18.00 03 COPIES 0122065005809 1.50 04 GASOLINE 0141065005812 10.00 05 NEXTEL RADIO CLIP 0141062005438 14.41 06 PLATES 0111065005804 4.50 INVOICE TOTAL: 128.85 VENDOR TOTAL: 128.85 DEUCLER DEUCHLER, WALTER E. ASSOC. 10626 12/31/03 01 COUNTRYSIDE INTERCEPTOR 3700062005402 02/10/04 7,285.35 INVOICE TOTAL: 7,285.35 10627 12/31/03 01 HYDRAULIC AVE INTERCEPTOR 3700062005406 02/10/04 10,026.74 INVOICE TOTAL: 10,026.74 10629 12/31/03 01 BRUELL PUMP STATION 3700062005405 02/10/04 7,176.06 INVOICE TOTAL: 7,176.06 VENDOR TOTAL: 24,488.15 DLCOOK D.L. COOK CORP. PAYOUT #10 01/15/04 01 CITY HALL BUILD OUT 1600075007202 02/10/04 2,295.90 INVOICE TOTAL: 2,295.90 VENDOR TOTAL: 2,295.90 DWYERD DWYER, DENNIS W. INC. PAY EST. #3 12/18/03 01 PAYOUT ESTIMATE #3 4100061005408 02/10/04 277,029.00 INVOICE TOTAL: 277,029.00 VENDOR TOTAL: 277,029.00 EDWINAND EDWIN ANDERSON CONSTRUCTION PAYOUT #10 01/15/04 01 CITY HALL BUILD OUT 1600075007202 02/10/04 8,012.71 INVOICE TOTAL: 8,012.71 VENDOR TOTAL: 8,012.71 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 6 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT EROTEX ERO-TEX EROSION CONTROL 01/29/04 01 EROSION CONTROL SEMINAR 0115064005604 02/10/04 50.00 INVOICE TOTAL: 50.00 VENDOR TOTAL: 50.00 FARREN FARREN HEATING & COOLING 113003 11/30/03 01 FURNACE REPAIR WELL #3 5100075007004 02/10/04 341.00 INVOICE TOTAL: 341.00 VENDOR TOTAL: 341.00 FIRSTNON FIRST NONPROFIT UNEMPLOYEMENT 6226 01/15/04 01 1ST QTR UNEMPLOYMENT PAYMENT 0111050005202 02/10/04 2,210.25 INVOICE TOTAL: 2,210.25 VENDOR TOTAL: 2,210.25 FOXRIDGE FOX RIDGE STONE 12093 12/31/03 01 DECEMBER STONE 5100065005804 02/10/04 327.05 INVOICE TOTAL: 327.05 VENDOR TOTAL: 327.05 FPT&W PTW & CO. 8117 01/13/04 01 GASB 34 IMPLEMENTATION 0111061005308 02/10/04 337.50 02 INVESTMENT POLICY REVIEW 0111061005307 911.25 INVOICE TOTAL: 1,248.75 VENDOR TOTAL: 1,248.75 FVTA FOX VALLEY TROPHY & AWARDS 17971 01/27/04 01 NAME PLATE 1600062005416 02/10/04 6.00 INVOICE TOTAL: 6.00 VENDOR TOTAL: 6.00 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 7 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT GALLS GALL'S INC. 56847251000024 01/07/04 01 BRASS NAMETAGS 0121062005421 02/10/04 69.67 INVOICE TOTAL: 69.67 VENDOR TOTAL: 69.67 GRAINCO GRAINCO FS. , INC. 123103 12/31/03 01 DIESEL FUEL 0141065005812 02/10/04 663.23 02 TIRE REPAIRS/REPLACEMENTS 0141062005408 104.20 INVOICE TOTAL: 767.43 VENDOR TOTAL: 767.43 HOPKINS HOPKINS, SHAMIM 012204 01/22/04 01 DENTAL ASSISTANCE 0111050005205 02/10/04 63.00 INVOICE TOTAL: 63.00 VENDOR TOTAL: 63.00 ICCI INTERNATIONAL CODES 20040106 12/31/03 01 ZONING/PLANNING COORDINATOR 0122062005401 02/10/04 393.75 02 ZONING/PLANNING COORDINATOR 0100013001372 1,331.25 INVOICE TOTAL: 1,725.00 VENDOR TOTAL: 1,725.00 ISDA ISDA 011904 01/19/04 01 SURVIVOR 03' CONFERENCE 0121064005604 02/10/04 255.00 INVOICE TOTAL: 255.00 VENDOR TOTAL: 255.00 JCM JCM UNIFORMS, INC. 538520 01/19/04 01 2 PAIR PANTS - DELANEY 0121062005421 02/10/04 77.90 INVOICE TOTAL: 77.90 VENDOR TOTAL: 77.90 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 8 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT JLELEC J & L ELECTRONIC SERVICE, INC. 76654 12/30/03 01 REPAIR RADAR REMOTE 0121062005409 02/10/04 63.75 INVOICE TOTAL: 63.75 76668 12/30/03 01 CHECK EYEWITNESS CAMERA - M14 0121062005409 02/10/04 13.75 INVOICE TOTAL: 13.75 76669 12/30/03 01 CHECK MAG LIGHT - M8 0121062005409 02/10/04 13.75 INVOICE TOTAL: 13.75 76691 12/30/03 01 CHECK MIC EYEWITNESS - M8 0121062005409 02/10/04 5.50 INVOICE TOTAL: 5.50 VENDOR TOTAL: 96.75 JSHOES J'S SHOE REPAIR 4239-6 10/03/03 01 BOOTS 0141062005421 02/10/04 117.00 INVOICE TOTAL: 117.00 VENDOR TOTAL: 117.00 KCHHS KENDALL COUNTY HEALTH 012204 01/22/04 01 EVALUATIONS 0121062005429 02/10/04 250.00 INVOICE TOTAL: 250.00 VENDOR TOTAL: 250.00 KINGK KING, KIMBERLY 012104 01/21/04 01 DENTAL ASSISTANCE 0111050005205 02/10/04 159.00 INVOICE TOTAL: 159.00 VENDOR TOTAL: 159.00 KLINGELT KLINGEL, TERRY 012604 01/26/04 01 DENTAL ASSISTANCE 0111050005205 02/10/04 244.00 INVOICE TOTAL: 244.00 VENDOR TOTAL: 244.00 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT KOPY KOPY KAT COPIER 16522 01/09/04 01 STAPLES - COLOR COPIER 0111065005802 02/10/04 45.00 INVOICE TOTAL: 45.00 16681 01/22/04 01 STAPLE CARTRIDGE - COPIER 0111065005802 02/10/04 45.00 INVOICE TOTAL: 45.00 16688 01/22/04 01 STAPLE REFILLS - COPIER 0111065005802 02/10/04 86.00 INVOICE TOTAL: 86.00 VENDOR TOTAL: 176.00 MCKIRGN MCKIRGAN BROS. OIL CO. 53178 12/23/03 01 OIL 0141062005408 02/10/04 525.25 INVOICE TOTAL: 525.25 VENDOR TOTAL: 525.25 MENARD MENARD, INC. 72257A 11/21/03 01 MULTI PURPOSE CORD 0111065005804 02/10/04 7.84 INVOICE TOTAL: 7.84 77691 12/17/03 01 MEASURING WHEEL 0141065005804 02/10/04 24.98 INVOICE TOTAL: 24.98 80373 12/31/03 01 BLEACH/COUPLERS 5200065005805 02/10/04 10.03 INVOICE TOTAL: 10.03 80641 01/02/04 01 ROUND ARBOR/DRILL BITS 5100075007508 02/10/04 25.05 INVOICE TOTAL: 25.05 81359 01/05/04 01 SHOVEL/PUSHER 0141075005419 02/10/04 35.88 INVOICE TOTAL: 35.88 81360 01/05/04 01 TUBE SAND/SNOW BRUSHES 0141075005419 02/10/04 27.58 INVOICE TOTAL: 27.58 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 10 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENARD MENARD, INC. 81372 01/05/04 01 SCREWS/HEATER 0141075005419 02/10/04 20.85 INVOICE TOTAL: 20.85 81425 01/05/04 01 MAILBOX/MOUTING BOARD 0141065005804 02/10/04 27.28 INVOICE TOTAL: 27.28 81944 01/09/04 01 TOWELS/BRUSHES/HANDLE 0141075005419 02/10/04 28.27 INVOICE TOTAL: 28.27 82741 01/13/04 01 MOUSE TRAPS/SCREWS 0121065005804 02/10/04 3.02 INVOICE TOTAL: 3.02 82793 01/14/04 01 HANDLE/DUSTER/GLOVES 5200065005805 02/10/04 21.82 INVOICE TOTAL: 21.82 82921 01/15/04 01 BULBS 5200065005805 02/10/04 34.99 INVOICE TOTAL: 34.99 82937 01/15/04 01 TOOLBOX/DRILL GAUGE/MATS 0121065005804 02/10/04 41.89 INVOICE TOTAL: 41.89 82948 01/15/04 01 NO SMOKING SIGNS 0115065005802 02/10/04 4.71 INVOICE TOTAL: 4.71 83774 01/20/04 01 BULBS/CEILING LITE 5200065005805 02/10/04 18.16 INVOICE TOTAL: 18.16 83776 01/20/04 01 MINI TRIMMERS/PAINT ROLLERS 2100075007015 02/10/04 9.85 INVOICE TOTAL: 9.85 83782 01/20/04 01 SCREWS/CMPCT FLSNT 0121065005804 02/10/04 37.93 INVOICE TOTAL: 37.93 83783 01/20/04 01 FLUORESCENT BULBS 1600075007204 02/10/04 88.21 INVOICE TOTAL: 88.21 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 11. TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENARD MENARD, INC. 83841 01/20/04 01 DROP CLOTHS/HANGERS 0121065005804 02/10/04 13.54 INVOICE TOTAL: 13.54 83855 01/20/04 01 VHS TAPES 0121065005804 02/10/04 13.98 INVOICE TOTAL: 13.98 83864 01/21/04 01 MATERIAL FOR SKIDSTEER TRAILER 2100075007015 02/10/04 102.52 INVOICE TOTAL: 102.52 83871 01/21/04 01 SCREWS/COMPOUND 5100065005804 02/10/04 10.21 INVOICE TOTAL: 10.21 83889 01/21/04 01 DUCT TAPE/GLOVES 5100065005804 02/10/04 26.84 INVOICE TOTAL: 26.84 83913 01/21/04 01 LUMBER 2100075007015 02/10/04 4.54 INVOICE TOTAL: 4.54 83936 01/21/04 01 FLIP COVER/OUTLET 2100075007015 02/10/04 4.99 INVOICE TOTAL: 4.99 84017 01/22/04 01 PAINT/ROLLERS 2100075007015 02/10/04 85.96 INVOICE TOTAL: 85.96 84018 01/22/04 01 BULBS 0121065005804 02/10/04 3.84 INVOICE TOTAL: 3.84 SEE ATTAHED 12/31/03 01 CONCESSION STAND SUPPLIES 0100013001372 02/10/04 1,914.32 INVOICE TOTAL: 1,914.32 VENDOR TOTAL: 2,649.08 METIND METROPOLITAN INDUSTRIES, INC. 148155 01/13/04 01 REPLACE PUMP AT CITY HALL 1600062005416 02/10/04 1,636.00 INVOICE TOTAL: 1,636.00 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 12 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT METIND METROPOLITAN INDUSTRIES, INC. 148386 01/20/04 01 MENARDS LIFT STATION 0100013001372 02/10/04 956.50 INVOICE TOTAL: 956.50 VENDOR TOTAL: 2,592.50 METLIFE METLIFE SMALL BUSINESS CENTER 0201040 02/01/04 01 FEBRUARY GROUP LIFE INS 0111050005204 02/10/04 1,388.19 INVOICE TOTAL: 1,388.19 VENDOR TOTAL: 1,388.19 MILSCJ MILSCHEWSKI, JACKIE MINUTES 01/28/04 01 MINUTES 0111062005401 02/10/04 233.75 INVOICE TOTAL: 233.75 VENDOR TOTAL: 233.75 MORRIS MORRIS TRAILER SALES, INC TRAILER 01/16/04 01 SKIDSTEER TRAILER 2100075007015 02/10/04 4,995.00 INVOICE TOTAL: 4,995.00 VENDOR TOTAL: 4,995.00 NATLWTR NATIONAL WATERWORKS, INC. 69782 01/15/04 01 METERS 5100075007508 02/10/04 4,737.34 INVOICE TOTAL: 4,737.34 VENDOR TOTAL: 4,737.34 NATWTR NATIONAL WATERWORKS, INC. 38073 12/30/03 01 METERS 5100075007508 02/10/04 2,773.00 INVOICE TOTAL: 2,773.00 VENDOR TOTAL: 2,773.00 NCL NCL EQUIPMENT SPECIALTIES DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 13 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NCL NCL EQUIPMENT SPECIALTIES 568886 01/06/04 01 LASER REPAIR PARTS 5100065005804 02/10/04 22.02 INVOICE TOTAL: 22.02 VENDOR TOTAL: 22.02 NEXTEL NEXTEL COMMUNICATIONS 837900513-023 01/22/04 01 ADMIN/ENGINEERING DEPT RADIOS 0111062005438 02/10/04 387.79 02 POLICE DEPT RADIOS 0121062005438 581.07 03 STREETS DEPT RADIOS 0141062005438 174.73 04 WATER DEPT. RADIOS 5100062005438 230.55 05 SEWER DEPT. RADIOS 5200062005438 88.54 06 RECREATION DEPT RADIOS 0100013001372 224.45 07 PARKS DEPT. RADIOS 0100013001372 299.97 08 REPLACEMENT RADIO - HELLAND 0121062005438 99.99 09 REPLACEMENT RADIO - MOORE 5100062005438 99.99 INVOICE TOTAL: 2,187.08 VENDOR TOTAL: 2,187.08 NICOR NICOR GAS 011304 01/13/04 01 NATURAL GAS 0111078009002 02/10/04 1,343.28 INVOICE TOTAL: 1,343.28 011404 01/14/04 01 NATURAL GAS 0111078009002 02/10/04 307.65 INVOICE TOTAL: 307.65 011504 01/15/04 01 NATURAL GAS 0111078009002 02/10/04 466.12 INVOICE TOTAL: 466.12 VENDOR TOTAL: 2,117.05 NIU NORTHERN ILLINOIS UNIVERSITY ACCT#2685 01/28/04 01 TUITION - GROESCH 0121064005607 02/10/04 770.33 INVOICE TOTAL: 770.33 VENDOR TOTAL: 770.33 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 14 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OHERRON O'HERON, RAY 17195 12/31/03 01 BADGE WALLET/DUTY BELT 0121062005421 02/10/04 57.40 INVOICE TOTAL: 57.40 336202/338144 12/05/03 01 HANDCUFFS & QUICK CUFFS 0121062005409 02/10/04 329.12 INVOICE TOTAL: 329.12 VENDOR TOTAL: 386.52 OOSTERBN OOSTERBAAN & SONS CO PAYOUT #10 01/15/04 01 CITY HALL BUILD OUT 1600075007202 02/10/04 1,080.00 INVOICE TOTAL: 1,080.00 VENDOR TOTAL: 1,080.00 PITNEY PITNEY BOWES, INC. 57855556-JA04 01/13/04 01 POSTAGE METER RENTAL 0121065005808 02/10/04 224.00 INVOICE TOTAL: 224.00 VENDOR TOTAL: 224.00 POSTNET POSTNET IL 124 9404 01/20/04 01 BLUE PRINTS 0100013001372 02/10/04 19.80 INVOICE TOTAL: 19.80 9449 01/21/04 01 BLUE PRINTS 0111065005804 02/10/04 7.50 INVOICE TOTAL: 7.50 VENDOR TOTAL: 27.30 POTTERS POTTER'S GENERAL STORE 013104 01/31/04 01 COAT/OVERALLS-ROBINSON 0115062005421 02/10/04 156.97 02 JACKET/OVERALLS-JACKSON 0141062005421 204.95 03 JACKET/BIBS - MOORE & LAWRENTZ 5100062005421 437.67 INVOICE TOTAL: 799.59 VENDOR TOTAL: 799.59 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 15 TIME: 12:16:40 DETAIL BOARD REPORT I ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT PREMCON PREMIUM CONCRETE INC PAYOUT #10 01/15/04 01 CITY HALL BUILD OUT 1600075007202 02/10/04 5,604.30 INVOICE TOTAL: 5,604.30 VENDOR TOTAL: 5,604.30 PROVENA PROVENA SAINT JSEPH HOSPITAL 78 01/01/04 01 EAP - QUARTLY PAYMENT 0111061005310 02/10/04 850.00 INVOICE TOTAL: 850.00 VENDOR TOTAL: 850.00 RAKOWS RAKOW'S FURNITURE, INC. 81063 12/04/03 01 BOOKCASES-ENG. CONFERENCE RM 0115065005802 02/10/04 195.00 INVOICE TOTAL: 195.00 VENDOR TOTAL: 195.00 RESOURCE RESOURCE ONE 7285945 01/16/04 01 STATE/FEDERAL POSTERS 0111065005804 02/10/04 174.30 INVOICE TOTAL: 174.30 VENDOR TOTAL: 174.30 RWTROXEL R.W. TROXELL & COMPANY 23620 12/12/03 01 BOILER/MACHINERY INSURANCE 1600075007204 02/10/04 1,177.00 INVOICE TOTAL: 1,177.00 VENDOR TOTAL: 1,177.00 SALISM SAILSBURY, MARGARET 012504 01/25/04 01 CLEAN P.W. 5200062005401 02/10/04 150.00 INVOICE TOTAL: 150.00 VENDOR TOTAL: 150.00 SAMS SAM'S CLUB DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 16 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SAMS SAM'S CLUB 3482 01/09/04 01 SUGAR/PLATES 0111065005804 02/10/04 17.41 INVOICE TOTAL: 17.41 VENDOR TOTAL: 17.41 SBC SBC 011604 01/16/04 01 ALARM CIRCUIT 5100062005436 02/10/04 67.64 INVOICE TOTAL: 67.64 011604A 01/16/04 01 FIRE ALARM 0111062005436 02/10/04 11.51 02 FIRE ALARM 0121062005436 11.51 03 FIRE ALARM 5100062005436 11.49 INVOICE TOTAL: 34.51 011604B 01/16/04 01 CITY HALL 0111062005436 02/10/04 450.85 02 CITY HALL 0121062005436 450.85 03 CITY HALL 5100062005436 450.84 INVOICE TOTAL: 1,352.54 122503R 12/25/03 01 LIFT STATION 5100062005436 02/10/04 20.13 INVOICE TOTAL: 20.13 VENDOR TOTAL: 1,474.82 SBCGLOBL SBC GLOBAL SERVICES, INC. IL623733 01/05/04 01 CITY HALL-INSTALL NEW PHONES 1600075007202 02/10/04 10,875.41 INVOICE TOTAL: 10,875.41 IL624546 01/14/04 01 MAINT. AGREEMENT 0111062005439 02/10/04 1,237.20 INVOICE TOTAL: 1,237.20 VENDOR TOTAL: 12,112.61 SERVMAST SERVICEMASTER OF AURORA & 4400 01/21/04 01 CLEAN UP - MADISON STREET 0121064005606 02/10/04 365.00 INVOICE TOTAL: 365.00 VENDOR TOTAL: 365.00 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 17 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SES SMITH ECOLOGICAL SYSTEMS INC 5559 01/06/04 01 PVC HOSE/TUBING 5100075007004 02/10/04 62.35 INVOICE TOTAL: 62.35 VENDOR TOTAL: 62.35 SHELL SHELL OIL CO. 65159923401 01/04/04 01 62.85 GAL GASOLINE 0141065005812 02/10/04 145.76 INVOICE TOTAL: 145.76 VENDOR TOTAL: 145.76 SIBENG SIBENALLER, GREGORY 011504 01/15/04 01 VISION ASSISTANCE 0111050005205 02/10/04 408.00 INVOICE TOTAL: 408.00 VENDOR TOTAL: 408.00 SMITH SMITH ENGINEERING 320367 01/23/04 01 PHASE 1 ROAD PROGRAM 0141061005313 02/10/04 4,920.00 INVOICE TOTAL: 4,920.00 VENDOR TOTAL: 4,920.00 SOFT SOFTWARE PERFORMANCE 108064 01/19/04 01 USB CABLE - CITY HALL NETWORK 0111065005802 02/10/04 19.95 INVOICE TOTAL: 19.95 VENDOR TOTAL: 19.95 SOUND SOUND INCORPORATED 36552 01/12/04 01 COUNCIL CHAMBERS SOUND SYSTEM 1600075007202 02/10/04 1,654.00 INVOICE TOTAL: 1,654.00 VENDOR TOTAL: 1,654.00 STERLING STERLING CODIFIERS, INC. DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 18 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT STERLING STERLING CODIFIERS, INC. 3251 01/09/04 01 2004 WEBSITE HOSTING FEE 0111061005311 02/10/04 500.00 INVOICE TOTAL: 500.00 3273 01/12/04 01 SUPPLEMENT #11 0111061005311 02/10/04 411.00 INVOICE TOTAL: 411.00 VENDOR TOTAL: 911.00 SUBCHNEW SUBURBAN CHICAGO NEWSPAPERS AD ACCT#233174 01/31/04 01 SUBSCRIPTION - BEACON NEWS 0111064005603 02/10/04 84.50 INVOICE TOTAL: 84.50 VENDOR TOTAL: 84.50 ULRICH ULRICH CHEMICAL, INC. 97206 01/09/04 01 CHLORINE 5100065005819 02/10/04 269.28 INVOICE TOTAL: 269.28 VENDOR TOTAL: 269.28 UPS UNITED PARCEL SERVICE 011004 01/10/04 01 SHIPPING 5100065005808 02/10/04 62.24 INVOICE TOTAL: 62.24 011704 01/17/04 01 SHIPPING 5100065005808 02/10/04 56.77 INVOICE TOTAL: 56.77 VENDOR TOTAL: 119.01 VESCO VESCO 21334 12/18/03 01 INKJET BOND 0115065005802 02/10/04 41.59 INVOICE TOTAL: 41.59 21372 12/24/03 01 INKJET CARTRIDGES 0115065005802 02/10/04 126.97 INVOICE TOTAL: 126.97 VENDOR TOTAL: 168.56 DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 19 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WALDEN WALDEN'S/ROGER LOCK SERVICE 4696 01/15/04 01 LOCK WORK 1600075007202 02/10/04 483.34 INVOICE TOTAL: 483.34 VENDOR TOTAL: 483.34 WHOLTIRE WHOLESALE TIRE 123103 12/31/03 01 ALTERNATOR/HUB KIT/TIRES 0121062005409 02/10/04 1,261.44 INVOICE TOTAL: 1,261.44 VENDOR TOTAL: 1,261.44 WILLDEV WILLIAMS DEVELOPMENT PAYOUT #10 01/15/04 01 CITY HALL BUILD OUT 1600075007202 02/10/04 10,304.05 INVOICE TOTAL: 10,304.05 VENDOR TOTAL: 10,304.05 WILLIAMS WILLIAMS ARCHITECTS 10615 01/13/04 01 CONST. MGMT - SEWER CITY HALL 1600075007202 02/10/04 732.68 INVOICE TOTAL: 732.68 VENDOR TOTAL: 732.68 WTRPRD WATER PRODUCTS, INC. 166759 01/06/04 01 BRONZE HOSE 5100065005804 02/10/04 130.80 INVOICE TOTAL: 130.80 166814 01/09/04 01 COUPLING/HARDHAT/MAN HOLE HOOK 5100065005804 02/10/04 323.47 INVOICE TOTAL: 323.47 166872 01/13/04 01 COUPLINGS/SOLID SLEEVES 5100065005804 02/10/04 906.48 INVOICE TOTAL: 906.48 VENDOR TOTAL: 1,360.75 WYWROTJ WYWROT, JOE DATE: 01/29/04 UNITED CITY OF YORKVILLE PAGE: 20 TIME: 12:16:40 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 02/10/2004 INVOICE 4 INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WYWROTJ WYWROT, JOE 012304 01/23/04 01 DENTAL ASSISTANCE 0111050005205 02/10/04 292.00 INVOICE TOTAL: 292.00 VENDOR TOTAL: 292.00 YOPDPET YORKVILLE POLICE DEPARTMENT 013104 01/31/04 01 REIMBURSE MEALS 0121064005605 02/10/04 31.62 02 PHOTO DEV/HANDBOOK/KEYS 0121065005804 89.67 03 REIMBURSE UNIFORM PANTS 0121062005421 29.82 INVOICE TOTAL: 151.11 VENDOR TOTAL: 151.11 YORKACE YORKVILLE ACE & RADIO SHACK 123103 12/31/03 01 SAND TUBES 5200065005802 02/10/04 29.94 02 KEYS 1600075007204 1.45 03 TOWELS/FUSES/CHAIN 0141075005419 41.86 04 TRASH BAGS/BULBS/GLOVES 5200065005804 44.45 05 KEYS/BLADES/MISC HARDWARE 5100065005804 352.97 INVOICE TOTAL: 470.67 VENDOR TOTAL: 470.67 YOUNGM YOUNG, MARLYS 012204 01/22/04 01 MINUTES 0111062005401 02/10/04 165.00 INVOICE TOTAL: 165.00 VENDOR TOTAL: 165.00 ZBSUPPLY ZB SUPPLY COMPANY 55434 01/15/04 01 LINERS/TOWELS 0111065005804 02/10/04 113.74 INVOICE TOTAL: 113.74 VENDOR TOTAL: 113.74 TOTAL A/P VENDORS = $496,622.20 TOTAL PAYROLL = $128,219.47 (See Attached) TOTAL DISBURSEMENTS = $624,841.47 UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY DATE 1/28/04 REGULAR OVERTIME TOTAL SOC SEC IMRF TOTAL ADMINISTRATION $16,255.531 $0.00 $16,255.531 $1,243.55 $1,564.17 $19,063.25 ENGINEERING $7,313.60 $0.00 $7,313.60 $559.50 $736.48 $8,609.58 POLICE $45,233.41 $2,282.47 $47,515.88 $3,625.16 $280.96 $51,422.00 PUBLIC WORKS $15,784.401 $1,312.62 $17,097.02 $1,307.95 $1,683.61 $20,088.58 LIBRARY 1, $4,781.61 $0.00' $4,781.61 $365.81 $309.19 $5,456.61 RECREATION $11,650.49 $0.00 $11,650.49 $891.28 $961.17 $13,502.94 PARKS $7,815.91 $743.83 $8,559.74 $654.81 $861.96 $10,076.51 TOTAL: $108,834.95 $4,338.92 $113,173.87 $8,648.06 $6,397.54 $128,219.47 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNITED CITY OF YORKVILLE VEHICLE POLICY ADOPTED 12-08-2000 SCOPE A. To describe the policies and procedures pertaining to vehicle use.This policy will be adopted to maintain a consistent and legal operating system for all United City of Yorkville vehicles. The Mayor, City Administrator and Police Chief, will oversee each Department Head's enforcement of this policy and its procedures. Department Heads will supervise the procedures within their own departments. II. POLICY A. The vehicles will be used and maintained under the terms of this policy as written. Responsibility and control of the vehicles will remain with each Department Head in the United City of Yorkville. . B. The purpose of this policy is to make it absolutely clear to all employees that the United City of Yorkville is very concerned about motor vehicle safety and proper care of city equipment. The United City of Yorkville vehicles are to be used only for transporting equipment, employees and city affiliated personnel while conducting city business. III. CRITERIA A. An employee, a person whom receives a payroll check from the United City of Yorkville, when authorized by a Department Head, may operate a city vehicle. Department Heads shall provide a monthly report'to the Adminstration Committee Comment:By Rose Spears on vehicle usage. B. City Affiliated Personnel, City Council, Board Members, and Mayor, (when authorized by a Dept.Head),may operate a city vehicle to conduct city business. A City vehicle (any vehicle owned or leased by the United City of Yorkville) will be operated only by an authorized person who possesses a valid Illinois State Drivers License of proper classification for the vehicle being-driven/operated, vehicle insurance,and a good driving record.A copy of the driver's license must be placed in the employee's personnel file.. C. Current Employee Driving Standard. Employees who currently drive a city vehicle or their own vehicle on city business must maintain a valid driver's license, vehicle insurance and with a good driving record. The city recognizes that drivers who consistently violate state motor vehicle codes expose themselves and the community to potential bodily injury and/or property damage. D. The following identifies High Risk drivers. Employee drivers would be considered HIGH RISK if they have had any of the following: 1 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1. Two or more moving violations within a 12-month period. 2. One moving violation and one preventable accident while driving a city vehicle within a 12 month period. 3. Any combination of moving violations or preventable accidents while driving a city vehicle within a 24 month period totaling more than three. Employees designated as high risk will be required to participate in a driver improvement course recommended by the Yorkville Police Department and are subject to being excluded from driving a city vehicle. IV. PROCEDURES INDEX BY DEPARTMENT A. General Procedures For All Departments 1. All Employees will receive,understand and abide by the rules and regulations of this policy. 2. City vehicles are to be used for conducting City business only.Personnel assigned as "on call" are authorized 24-hour use of their assigned vehicles to increase command presence in the field, allow for immediate communications capabilities and/or enhance the overall operation. 3. City vehicles authorized for 24-hour use are to be used for commuting to and from work or when performing official City duties. They are not to be used for personal purpose (other than de minimis personal or approved medical), nor for the transportation of anyone other than City employees or people working with or for the City in an official capacity. 4. Only City employees and affiliated personnel are to be transported in City vehicles, unless their presence is necessary for City business. 5. Drivers must be thoroughly familiar with and follow all State and Federal regulations governing the particular type of motor vehicle they are operating. 6. The use of seat belts in all vehicles is a requirement and the law. 7. Headlights will be turned on whenever windshield wipers are needed. 8. Vehicles should be kept neat inside and outside and every precaution must be taken to prevent debris from being blown or falling off trucks or from being discarded by vehicle occupants. Vehicle windows shall be closed and doors locked when not in use. 9. All (NO MATTER HOW MINOR) damage to vehicles is to be reported to the Department Head immediately. 10. Employees who are involved in a traffic accident with a City vehicle or while operating their personal vehicle on City business, must report the accident to their Department Head as soon as possible after the incident, but no later than 24 hours after the incident. A police report shall be made anytime the accident involves collision,property damage,or personal injury to a private party. 11. It is the driver's responsibility to see that the vehicle is inspected for oil and gas and report any mechanical failures to the Department Head. The driver will follow any additional instructions given by the Department Head as to cleaning and gas. A 2 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Vehicle Service Record should be completed showing any service done on the vehicle. 12. Department Heads are to provide to the administration Committee a monthly report on vehicle usage. 13. Engines are to be warmed up in the winter before driving the vehicle. 14. First aid kits and fire extinguishers must be kept in each vehicle and can be found behind or under the seat, or in the trunk of each vehicle. Let a Department Head know when refills are needed. 15. At no time shall anyone drive any City vehicle while intoxicated or under the influence of any illegal drug(s)or alcohol. 16. Abuse of vehicle privileges may result in disciplinary action. B. Administration 1. Employees given the privilege of use of the City owned vehicle to and from his/her residence will complete a Vehicle Agreement Form to be kept in their personnel filer, l Comment:By Rose Spears J 2. Employee will conform to any I.R.S. rulings with regard to use of vehicles for Deleted:with the Accountmg Clerk to/from commute. l I1/Human Resource Clerk 3. Any employee assigned a vehicle for use during business hours will comply with all general procedures.Any emergency exceptions must be approved by the Mayor. a. The assigned vehicle will be parked at the employee's work location during off hours. b. The employee will abide with all other provisions of this policy. c. Any long term use exception would require City Council approval. C. Recreation Department 1. No Recreation Department vehicles are to be used for personal use. All vehicles will be kept at Recreation facilities over night,unless special permission is obtained from the Park Board. 2. Vehicles will be washed as designated on assignment schedules. All vehicles will be maintained according to the manufacturers' recommendations,and monitored by supervisors and/or Directors. 3. A mileage form is available in the recreation vehicle and will be completed by the driver for each trip. A,vehicle use form will be completed for each trip that entails (Comment:By Rose Spears a full day. Employees must obtain permission for day trips from the Director two Deleted:trip form weeks in advance,if possible. Any Park Board member, Council member and/or City employee must also give two weeks notification prior to the date needed, to [Comment:By Rose Spears 1 avoid scheduling conflicts with the departments. (Deleted:c D. Parks Department 1. Parks Department employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 3 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 2. Parks Department employees shall abide by the Drug/Alcohol Abuse Policy for Commercial Licensed Drivers as adopted and revised from time to time. 3. Under certain emergency situations Department Heads may grant the use of a City- owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency(i.e.: severe snow storm), (Comment:By Rose Spears E. Public Works Department 1. Public Works employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 2. Public Works employees shall abide by the Drug/Alcohol Abuse Policy for Commercial Licensed Drivers as adopted and revised from time to time. 3. Under certain emergency situations Department Heads may grant the use of a City owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency(i.e.: severe snow storm)_; (Comment By Rose Spears F. Police Department 1. Policy. To comply with State law and court defined constitutional limits of reasonableness which govern the operation of police vehicles. 2. Purpose. To insure that department personnel operate authorized emergency vehicles with due regard for their own safety and the lives and property of every citizen. 3. Definitions a. Emergency: when a police officer reasonably believes that there is imminent probability of death, personal injury or loss or destruction of property occurring, and the immediate action of that officer may avert or reduce the seriousness of the situation. b. Due Regard: that a reasonable careful police officer, performing similar duties and under similar circumstances,would act in the same manner. c. Motorized Pursuits: an active attempt to stop a moving motor vehicle that is resisting apprehension by: 1.) Maintaining or increasing speed,and/or 2.) Ignoring an officer's signal to stop,and/or 3.) Taking such evasive actions or maneuvers so as to prevent apprehension. d. High-Speed Pursuit: motorized pursuit at speeds that exceed the legal speed limit. e. Police Vehicle: any department-owned motor vehicle, in authorized use, or any vehicle authorized by the chief of police or his designated subordinate for use by a department member acting in the lawful capacity of police officer. 4 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY f. Deadly Force:any force likely to cause death or great bodily harm. g. Reasonable Belief: what an ordinary and prudent person, in the same or similar circumstances would believe,based on his/her knowledge of the facts as they existed at the same time of the event. 4. Operation of Emergency Vehicles a. Police officers responsibility 1.) All sworn officers shall be familiar with and shall comply with all sections of the state laws which apply to the operation of emergency vehicles. 2.) The special privileges accorded by law to emergency vehicles are only effective when the vehicle is readily identifiable as an emergency vehicle. 3.) Unmarked police vehicles shall not be operated as an emergency vehicle unless equipped with and utilizing a flashing red light and an audible siren. 4.) Police officers assigned to emergency calls shall monitor their police radios and shall acknowledge all communications conveyed to them by the communications officer or supervisor in charge. b. Assigned officer(s) shall respond to emergency calls rapidly but with a due regard for the safety of life and property. 1.) Use of emergency lights: emergency lights shall be activated when responding to emergency calls to avoid conflicts which may occur at intersections,in heavy traffic,or in areas of restricted view. 2.) Use of siren:the siren shall be activated to avoid conflicts which may occur at intersections,in heavy traffic,or in areas of restricted view. 3.) Speed: authorized vehicles shall not be operated at a speed that may cause loss of control of the vehicle or endanger life or property. Speed shall be reduced when approaching intersections and other area of conflicts. 4.) Spotlight: spotlights on the police vehicle shall not be used as a means for clearing traffic nor shall they be directed at windshields of oncoming traffic. Spotlights shall not\be used in lieu of authorized emergency lights. c. Special considerations 1.) Upon approaching the immediate area of criminal activity, an officer may avoid announcing his/her arrival by turning off .emergency equipment and headlights at night, but only when such maneuvers can be employed without endangering persons or property. 2.) Although adverse reaction may result from the use of sirens at night in residential areas, the safety of the officer and the public is not abridged by the time of day and far outweigh any inconvenience which may occur. d. Supervisor's responsibility: The on duty supervisor shall monitor and coordinate the assignment and response to emergency calls. 5 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1.) Supervisors shall evaluate circumstances given which would justify an emergency call assignment, assist communications officers in evaluating such circumstances,and shall intervene when assignments given by the communications officer do not correspond to the circumstances. 2.) Supervisors shall monitor officer response to emergency calls to ensure compliance with department policy, officer and public safety, and efficient department response to emergency scenes. 5. Pursuit Driving a. Department Position 1.) Law violators shall be pursued and apprehended whenever feasible under existing circumstances. A pursuit shall be terminated whenever the risks of the officer's safety of others, outweigh the danger to the community if the suspect is not apprehended. 2.) Officers shall weigh the seriousness of the violator's suspected crime against the potential for death or injury and the duration and the overall distance that may be traveled if the pursuit continues. 3.) When attempting to stop an offender who has not begun to flee,the police officer should try everything within his/her authority, keeping in mind his/her personal safety, to apprehend the suspect without resorting to a high-speed chase. This would include the use of the public address system and/or the spotlight or waiting until the subject parks or stops at traffic light before activating the light and/or siren. b. Officers responsibility: the decision to begin, responsibility for continuation and the method of pursuit rest primarily, but not solely with the individual officer(s) involved. Although the law does not prevent officers from exceeding the posted speed limit while engaged in pursuit, it does hold officers criminally and civilly responsible for their actions. 1.) Only police vehicles equipped with audio and visual emergency equipment shall enter into pursuit. It is the officer's duty to be reasonably sure his/her police vehicle is mechanically sound before entering into a pursuit. 2.) The pursuing officer has the responsibility to terminate a pursuit at any time, if in the officer's judgment, the risks outweigh the seriousness of the offense or if anyone's life is being unduly, threatened by the act undertaken. The officer may terminate pursuit without threat of any imposition of discipline or censure. 3.) The following should be considered. a.) Is the pursuit undertaken with due regard for third parties? b.) Does the seriousness of the crime warrant the pursuit? c.) What is the likelihood of apprehension? d.) What are the roadway,traffic,and pedestrian conditions? e.) What are the weather conditions? f.) What is the geographical location, (residential, business, commercial,school,etc.)? 6 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY c. State Law permits police officer who engages in a pursuit to,based upon the reasonableness of their actions, exceed the speed limit and disregard other traffic regulations. d. Emergency lights and siren shall be activated during the pursuit to ensure utmost safety to the officer and all others. e. When approaching an intersection where signal lights or stop signs control the flow of traffic,the officer shall: 1.) Decelerate and be prepared to apply brakes,stopping if necessary. 2.) Enter the intersection only when safe to precede and at a reduced rate of speed so as to make cross traffic aware of the officer's presence. 3.) Resume pursuit speed only when safe to do so. 4.) Emergency lights and siren requests right-of-way and does not afford absolute right to disregard traffic signals or devices (red lights, stop signs,etc.) f. Officers who become engaged in a pursuit shall notify communications of the following,as soon as it is practical to do so: 1.) Suspect vehicle license plate number. 2.) Starting location and direction of travel. 3.) Vehicle,driver and occupant(s)description. 4.) Nature and severity of the offense warranting the pursuit. 5.) Known possession of weapons and their types. 6.) Continuing updates of direction. 7.) Request for additional units and their positioning. g. Officers shall not cause intentional contact between their vehicle and the vehicle being pursued nor shall they maneuver along side or in front of their vehicle being pursued or into any position or potential collision with a pursued vehicle. h. Officers shall not attempt to stop a fleeing vehicle by shooting at it. Officers shall not continue pursuit into another jurisdiction without advising communications. 1.) Whenever possible, the Illinois State Police Emergency Network (ISPERN)shall be used during the pursuit. j. Officers shall not pursue a fleeing vehicle that leaves the roadway without permission from a duty supervisor. k. Assisting officer(s): all other members of the department shall refrain from entering an ongoing pursuit unless directly assigned by communications or a duty supervisor. 1.) Officers involved in a pursuit shall not attempt to converge upon or pass the primary pursuit unit unless requested to do so by the primary pursuit unit. 2.) Caravanning behind the pursued vehicle is discouraged. Whenever possible assisting units should try and parallel the pursued unit on a side street. 3.) Officers should exercise discretion in radio usage so that the radio airway can be kept open for the primary pursuit unit. 7 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Supervisor responsibility: the on duty supervisor upon being advised of or becoming aware of a pursuit shall be responsible for the following: 1.) The number of personnel assigned to the pursuit,allowing for proper police coverage throughout the remained of the city. 2.) Monitoring the pursuit's beginning and continuing locations. 3.) Ordering termination of the pursuit to prevent risk and to ensure the safety of others, the public and the violator(s). Termination of a pursuit may be based upon,but is not limited to any of the following: a.) The severity of the offense(s)and the possible ultimate use of deadly force. b.) The length of pursuit time. c.) The roadway and weather conditions. d.) The time of day. e.) The geographical location (residential,business, commercial, school,etc.) f) The probable destination. 4.) Intervening and changing any incorrect assignment or misuse of police personnel involved in the pursuit. m. Reporting procedures and post-pursuit analysis 1.) Officers involved in the pursuit shall prepare the required police reports and citations. 2.) Additionally, the post-pursuit analysis form (Appendix A) shall be completed by the officer issuing the citations and attach it to the appropriate reports or case file. 3.) During report preparations, special care shall be given to the legal requirements listed in the Illinois Vehicle Code (Chapter 95 1/2), Section 11-205b which sets forth the parameters within which emergency and pursuit driving can take place. 4.) Officers shall adequately report all elements and facts of the pursuit, .making sure to document a description of the emergency vehicle,the nature and severity of the emergency or violation and all due caution afforded to unintended third parties or property. n. Roadblocks 1.) Under certain circumstances,the blocking or barricading of roadways by means of police vehicles, barriers or obstacles may become necessary. Since there are legal consequences and inherent dangers associated with this course of action, roadblocks must be undertaken with due regard for the safety of third parities as well as the fleeing motorist. 2.) Moving roadblocks are strictly prohibited. 3.) The on duty supervisor shall be responsible to authorize and control all types of roadblocks. o. Pursuit Roadblocks: 8 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1.) Fixed roadblocks shall be used as a last resort to apprehend a fleeing motorist who is wanted for a violent felony and who constitutes an immediate,serious threat to the safety of officers and third parties. o High visibility shall be maintained. o Roadblocks shall be well lighted by means of interior and exterior lights,road flares and other available lighting equipment. o Spotlights shall be used to illuminate the area but shall not be used to blind the vision of oncoming drivers. o Placement shall: (1) Be on a flat, straight roadway, whenever possible. (2.) Allow all approaching vehicles ample time to stop safely. (3.) Be sure that public endangerment is limited by avoiding, if possible, certain areas (schools, gas stations, blind hills,busy intersections etc.) o All personnel shall be clear of the roadblock and blocking vehicles by maintaining a safe distance. o When a roadblock is initiated, a safety lane or escape route shall be provided. P. Traffic checkpoint roadblocks shall: 1.) Control traffic in and out of major crime scenes. 2.) Control access in and out of the scene of a major disaster or emergencies. 3.) Not be employed as means of general or specific traffic enforcement unless authorized by the chief of police. 4.) Afford consideration for traffic speed at the roadblock, sight stopping distance and maintaining orderly traffic flow. 5.) Be staffed with sufficient manpower to properly check traffic without causing undue congestion. 6.) Provide that detained subjects shall be removed from the flow of traffic. q. Road hazard roadblocks-marked and semi-marked vehicles only. r. All officer shall take immediate action to set up a roadblock and shall notify a duty supervisor via communications, in the event that a roadblock must be set up to protect the public from potential hazard(flooding,traffic accidents, power lines down,etc.) s. The duty supervisor shall assess each situation as soon as possible and control the function and duration of the roadblock,consistent with the hazard involved. t. The roadblock shalt be removed only by authority of the duty supervisor, upon notification by the officer that it is safe to do so. 6. Assistance to Foreign Police Agencies Assistance to foreign police agencies involved in a pursuit or conducting a roadblock shall be authorized through a duty supervisor under the provisions of Sections 3 and 4 of this order. 9 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Approved by: Date: - - �' - / /r.4clot Mayor Attest: Date: c)akratiyit 1<- L City Clerk 10 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Department Name: Employee Name: Vehicle Number: UNITED CITY OF YORKVILLE,ILLINOIS VEHICLE AGREEMENT FORM This agreement describes the conditions and terms under which an employee of the United City of Yorkville is permitted the use of a City-owned vehicle for City business only. Full Name: Department Name: Residential Address: Home Phone Number: Work Phone Number: Driver's License Number: Social Security Number: The following information pertains to the City owned vehicle assigned to the above employee for I official City business only. Comment:By Rose Spears Deleted:c CITY VEHICLE NUMBER: MAKE: MODEL: YEAR: VEHICLE IDENTIFICATION NUMBER(VIN): ODOME 1'ER READING: ROUND-TRW COMMUTE MILES: ****************************************************************************** I have read in full and understand the terms and conditions contained within this Vehicle Agreement(attached)and,by my signature below,I agree to said terms and conditions. Signature Date 11 . APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNITED CITY OF YORKVILLE'MILEAGE REPORT FORM (Comment By Tony Graff Please keepform in vehicle) Deleted:YORKVILLE PARKS AND j RECREATION DEPARTMENT *Push in trip button to reset trip mileage before and after use Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles 12 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNITED CITY OF YORKVILLEi VEHICLE USE FORM (Comment By Tony Graff (Comment By Rose Spears *Push in trip button to reset trip mileage before and after use Deleted:YORKVILLE PARKS AND RECREATION DEPARTMENT Deleted:TRIP Driver's Name: Driver's Signature: Date(s) Department: Vehicle Use(Activity) Total Mileage: Inspection of Vehicle Before Trip: Inspection of Vehicle After Trip: Damage: Mechanical Difficulty: Oil/Fuel on Departure: FULL 3/a V2 IA EMPTY Oil/Fuel on Return: FULL 3 t/z `/s EMPTY 13 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY UNITED CITY OF YORKVILLE VEHICLE POLICY ADOPTED 12-08-2000 SCOPE A. To describe the policies and procedures pertaining to vehicle use.This policy will be adopted to maintain a consistent and legal operating system for all United City of Yorkville vehicles. The Mayor, City Administrator and Police Chief,will oversee each Department Head's enforcement of this policy and its procedures. Department Heads will supervise the procedures within their own departments. II. POLICY A. The vehicles will be used and maintained under the terms of this policy as written. Responsibility and control of the vehicles will remain with each Department Head in the United City of Yorkville. . B. The purpose of this policy is to make it absolutely clear to all employees that the United City of Yorkville is very concerned about motor vehicle safety and proper care of city equipment. The United City of Yorkville vehicles are to be used only for transporting equipment, employees and city affiliated personnel while conducting city business. III. CRITERIA A. An employee, a person whom receives a payroll check from the United City of Yorkville, when authorized by a Department Head, may operate a city vehicle. Department Heads shall provide a monthly report Comment:By Rose Spears on vehicle usage. B. City Affiliated Personnel, City Council, Board Members, and Mayor, (when authorized by a Dept. Head),may operate a city vehicle to conduct city business. A City vehicle (any vehicle owned or leased by the United City of Yorkville) will be operated only by an authorized person who possesses a valid Illinois State Drivers License of proper classification for the vehicle being-driven/operated, vehicle insurance, and a good driving record. A copy of the driver's license must be placed in the employee's personnel file.. C. Current Employee Driving Standard. Employees who currently drive a city vehicle or their own vehicle on city business must maintain a valid driver's license,vehicle insurance and with a good driving record. The city recognizes that drivers who consistently violate state motor vehicle codes expose themselves and the community to potential bodily injury and/or property damage. D. The following identifies High Risk drivers. Employee drivers would be considered HIGH RISK if they have had any of the following: 1 APPENDIX 1 REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1. Two or more moving violations within a 12-month period. 2. One moving violation and one preventable accident while driving a city vehicle within a 12 month period. 3. Any combination of moving violations or preventable accidents while driving a city vehicle within a 24 month period totaling more than three. Employees designated as high risk will be required to participate in a driver improvement course recommended by the Yorkville Police Department and are subject to being excluded from driving a city vehicle. IV. PROCEDURES INDEX BY DEPARTMENT A. General Procedures For All Departments 1. All Employees will receive,understand and abide by the rules and regulations of this policy. 2. City vehicles are to be used for conducting City business only.Personnel assigned as "on call" are authorized 24-hour use of their assigned vehicles to increase command presence in the field, allow for immediate communications capabilities and/or enhance the overall operation. 3. City vehicles authorized for 24-hour use are to be used for commuting to and from work or when performing official City duties. They are not to be used for personal purpose (other than de minimis personal or approved medical), nor for the transportation of anyone other than City employees or people working with or for the City in an official capacity. 4. Only City employees and affiliated personnel are to be transported in City vehicles, unless their presence is necessary for City business. 5. Drivers must be thoroughly familiar with and follow all State and Federal regulations governing the particular type of motor vehicle they are operating. 6. The use of seat belts in all vehicles is a requirement and the law. 7. Headlights will be turned on whenever windshield wipers are needed. 8. Vehicles should be kept neat inside and outside and every precaution must be taken to prevent debris from being blown or falling off trucks or from being discarded by vehicle occupants. Vehicle windows shall be closed and doors locked when not in use. 9. All (NO MATTER HOW MINOR) damage to vehicles is to be reported to the Department Head immediately. 10. Employees who are involved in a traffic accident with a City vehicle or while operating their personal vehicle on City business, must report the accident to their Department Head as soon as possible after the incident, but no later than 24 hours after the incident. A police report shall be made anytime the accident involves collision,property damage,or personal injury to a private party. 11. It is the driver's responsibility to see that the vehicle is inspected for oil and gas and report any mechanical failures to the Department Head. The driver will follow any additional instructions given by the Department Head as to cleaning and gas. A 2 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Vehicle Service Record should be completed showing any service done on the vehicle. 12. Department Heads are to provide to the administration Committee a monthly report on vehicle usage. 13. Engines are to be warmed up in the winter before driving the vehicle. 14. First aid kits and fire extinguishers must be kept in each vehicle and can be found behind or under the seat, or in the trunk of each vehicle. Let a Department Head know when refills are needed. 15. At no time shall anyone drive any City vehicle while intoxicated or under the influence of any illegal drug(s)or alcohol. 16. Abuse of vehicle privileges may result in disciplinary action. B. Administration 1. Employees given the privilege of use of the City owned vehicle to and from his/her residence will complete a Vehicle Agreement Form to be kept in their personnel file Comment:By Rose Spears 2. Employee will conform to any I.R.S. rulings with regard to use of vehicles for Deleted:with the Accounting clerk to/from commute. 1I/Fiuman Resource Clerk. 3. Any employee assigned a vehicle for use during business hours will comply with all general procedures.Any emergency exceptions must be approved by the Mayor. a. The assigned vehicle will be parked at the employee's work location during off hours. b. The employee will abide with all other provisions of this policy. c. Any long term use exception would require City Council approval. C. Recreation Department 1. No Recreation Department vehicles are to be used for personal use. All vehicles will be kept at Recreation facilities over night,unless special permission is obtained from the Park Board. 2. Vehicles will be washed as designated on assignment schedules. All vehicles will be maintained according to the manufacturers' recommendations,and monitored by supervisors and/or Directors. 3. A mileage form is available in the recreation vehicle and will be completed by the driver for each trip. A will be completed for each trip that entails Comment:sy Rose Spears a full day. Employees must obtain permission for day trips from the Director two Deleted:trip form weeks in advance, if possible. Any Park Board member, Council member and/or ity employee must also give two weeks notification prior to the date needed, to Comment:By Rose Spears avoid scheduling conflicts with the departments. Deleted:c D. Parks Department 1. Parks Department employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 3 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 2. Parks Department employees shall abide by the Drug/Alcohol Abuse Policy for Commercial Licensed Drivers as adopted and revised from time to time. 3. Under certain emergency situations Department Heads may grant the use of a City- owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency(i.e.: severe snow storm) Comment:By Rose Spears E. Public Works Department 1. Public Works employees are required to have a minimum of a "Class C" Commercial Drivers License as established by the State of Illinois Standards for Drivers License requirements. A copy of this license must be placed in the employee's personnel file. 2. Public Works employees shall abide by the Drug/Alcohol Abuse Policy for Commercial Licensed Drivers as adopted and revised from time to time. 3. Under certain emergency situations Department Heads may grant the use of a City owned vehicle to employees to drive to their residence in order to expedite their return to the City work force to work on the ongoing emergency(i.e.: severe snow storm) Comment:By Rose Spears F. Police Department 1. Policy. To comply with State law and court defined constitutional limits of reasonableness which govern the operation of police vehicles. 2. Purpose. To insure that department personnel operate authorized emergency vehicles with due regard for their own safety and the lives and property of every citizen. 3. Definitions a. Emergency: when a police officer reasonably believes that there is imminent probability of death, personal injury or loss or destruction of property occurring, and the immediate action of that officer may avert or reduce the seriousness of the situation. b. Due Regard: that a reasonable careful police officer, performing similar duties and under similar circumstances,would act in the same manner. c. Motorized Pursuits: an active attempt to stop a moving motor vehicle that is resisting apprehension by: 1.) Maintaining or increasing speed,and/or 2.) Ignoring an officer's signal to stop,and/or 3.) Taking such evasive actions or maneuvers so as to prevent apprehension. d. High-Speed Pursuit: motorized pursuit at speeds that exceed the legal speed limit. e. Police Vehicle: any department-owned motor vehicle, in authorized use, or any vehicle authorized by the chief of police or his designated subordinate for use by a department member acting in the lawful capacity of police officer. 4 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY f. Deadly Force:any force likely to cause death or great bodily harm. g. Reasonable Belief: what an ordinary and prudent person, in the same or similar circumstances would believe,based on his/her knowledge of the facts as they existed at the same time of the event. 4. Operation of Emergency Vehicles a. Police officers responsibility 1.) All sworn officers shall be familiar with and shall comply with all sections of the state laws which apply to the operation of emergency vehicles. 2.) The special privileges accorded by law to emergency vehicles are only effective when the vehicle is readily identifiable as an emergency vehicle. 3.) Unmarked police vehicles shall not be operated as an emergency vehicle unless equipped with and utilizing a flashing red light and an audible siren. 4.) Police officers assigned to emergency calls shall monitor their police radios and shall acknowledge all communications conveyed to them by the communications officer or supervisor in charge. b. Assigned officer(s) shall respond to emergency calls rapidly but with a due regard for the safety of life and property. 1.) Use of emergency lights: emergency lights shall be activated when responding to emergency calls to avoid conflicts which may occur at intersections,in heavy traffic,or in areas of restricted view. 2.) Use of siren:the siren shall be activated to avoid conflicts which may occur at intersections,in heavy traffic,or in areas of restricted view. 3.) Speed: authorized vehicles shall not be operated at a speed that may cause loss of control of the vehicle or endanger life or property. Speed shall be reduced when approaching intersections and other area of conflicts. 4.) Spotlight: spotlights on the police vehicle shall not be used as a means for clearing traffic nor shall they be directed at windshields of oncoming traffic. Spotlights shall not\be used in lieu of authorized emergency lights. c. Special considerations 1.) Upon approaching the immediate area of criminal activity, an officer may avoid announcing his/her arrival by turning off .emergency equipment and headlights at night, but only when such maneuvers can be employed without endangering persons or property. 2.) Although adverse reaction may result from the use of sirens at night in residential areas, the safety of the officer and the public is not abridged by the time of day and far outweigh any inconvenience which may occur. d. Supervisor's responsibility: The on duty supervisor shall monitor and coordinate the assignment and response to emergency calls. 5 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1.) Supervisors shall evaluate circumstances given which would justify an emergency call assignment, assist communications officers in evaluating such circumstances,and shall intervene when assignments given by the communications officer do not correspond to the circumstances. 2.) Supervisors shall monitor officer response to emergency calls to ensure compliance with department policy, officer and public safety, and efficient department response to emergency scenes. 5. Pursuit Driving a. Department Position 1.) Law violators shall be pursued and apprehended whenever feasible under existing circumstances. A pursuit shall be terminated whenever the risks of the officer's safety of others, outweigh the danger to the community if the suspect is not apprehended. 2.) Officers shall weigh the seriousness of the violator's suspected crime against the potential for death or injury and the duration and the overall distance that may be traveled if the pursuit continues. 3.) When attempting to stop an offender who has not begun to flee,the police officer should try everything within his/her authority, keeping in mind his/her personal safety, to apprehend the suspect without resorting to a high-speed chase. This would include the use of the public address system and/or the spotlight or waiting until the subject parks or stops at traffic light before activating the light and/or siren. b. Officers responsibility: the decision to begin, responsibility for continuation and the method of pursuit rest primarily, but not solely with the individual officer(s) involved. Although the law does not prevent officers from exceeding the posted speed limit while engaged in pursuit, it does hold officers criminally and civilly responsible for their actions. 1.) Only police vehicles equipped with audio and visual emergency equipment shall enter into pursuit. It is the officer's duty to be reasonably sure his/her police vehicle is mechanically sound before entering into a pursuit. 2.) The pursuing officer has the responsibility to terminate a pursuit at any time, if in the officer's judgment, the risks outweigh the seriousness of the offense or if anyone's life is being unduly, threatened by the act undertaken. The officer may terminate pursuit without threat of any imposition of discipline or censure. 3.) The following should be considered. a.) Is the pursuit undertaken with due regard for third parties? b.) Does the seriousness of the crime warrant the pursuit? c.) What is the likelihood of apprehension? d.) What are the roadway,traffic,and pedestrian conditions? e.) What are the weather conditions? f.) What is the geographical location, (residential, business, commercial,school,etc.)? 6 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY c. State Law permits police officer who engages in a pursuit to,based upon the reasonableness of their actions, exceed the speed limit and disregard other traffic regulations. d. Emergency lights and siren shall be activated during the pursuit to ensure utmost safety to the officer and all others. e. When approaching an intersection where signal lights or stop signs control the flow of traffic,the officer shall: 1.) Decelerate and be prepared to apply brakes,stopping if necessary. 2.) Enter the intersection only when safe to precede and at a reduced rate of speed so as to make cross traffic aware of the officer's presence. 3.) Resume pursuit speed only when safe to do so. 4.) Emergency lights and siren requests right-of-way and does not afford absolute right to disregard traffic signals or devices (red lights, stop signs,etc.) f. Officers who become engaged in a pursuit shall notify communications of the following,as soon as it is practical to do so: 1.) Suspect vehicle license plate number. 2.) Starting location and direction of travel. 3.) Vehicle,driver and occupant(s)description. 4.) Nature and severity of the offense warranting the pursuit. 5.) Known possession of weapons and their types. 6.) Continuing updates of direction. 7.) Request for additional units and their positioning. g. Officers shall not cause intentional contact between their vehicle and the vehicle being pursued nor shall they maneuver along side or in front of their vehicle being pursued or into any position or potential collision with a pursued vehicle. h. Officers shall not attempt to stop a fleeing vehicle by shooting at it. Officers shall not continue pursuit into another jurisdiction without advising communications. 1.) Whenever possible, the Illinois State Police Emergency Network (ISPERN)shall be used during the pursuit. j. Officers shall not pursue a fleeing vehicle that leaves the roadway without permission from a duty supervisor. k. Assisting officer(s): all other members of the department shall refrain from entering an ongoing pursuit unless directly assigned by communications or a duty supervisor. 1.) Officers involved in a pursuit shall not attempt to converge upon or pass the primary pursuit unit unless requested to do so by the primary pursuit unit. 2.) Caravanning behind the pursued vehicle is discouraged. Whenever possible assisting units should try and parallel the pursued unit on a side street. 3.) Officers should exercise discretion in radio usage so that the radio airway can be kept open for the primary pursuit unit. 7 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Supervisor responsibility: the on duty supervisor upon being advised of or becoming aware of a pursuit shall be responsible for the following: 1.) The number of personnel assigned to the pursuit,allowing for proper police coverage throughout the remained of the city. 2.) Monitoring the pursuit's beginning and continuing locations. 3.) Ordering termination of the pursuit to prevent risk and to ensure the safety of others, the public and the violator(s). Termination of a pursuit may be based upon,but is not limited to any of the following: a.) The severity of the offense(s)and the possible ultimate use of deadly force. b.) The length of pursuit time. c.) The roadway and weather conditions. d.) The time of day. e.) The geographical location (residential, business, commercial, school,etc.) f) The probable destination. 4.) Intervening and changing any incorrect assignment or misuse of police personnel involved in the pursuit. m. Reporting procedures and post-pursuit analysis 1.) Officers involved in the pursuit shall prepare the required police reports and citations. 2.) Additionally, the post-pursuit analysis form (Appendix A) shall be completed by the officer issuing the citations and attach it to the appropriate reports or case file. 3.) During report preparations, special care shall be given to the legal requirements listed in the Illinois Vehicle Code (Chapter 95 1/2), Section 11-205b which sets forth the parameters within which emergency and pursuit driving can take place. 4.) Officers shall adequately report all elements and facts of the pursuit, .making sure to document a description of the emergency vehicle,the nature and severity of the emergency or violation and all due caution afforded to unintended third parties or property. n. Roadblocks 1.) Under certain circumstances,the blocking or barricading of roadways by means of police vehicles, barriers or obstacles may become necessary. Since there are legal consequences and inherent dangers associated with this course of action, roadblocks must be undertaken with due regard for the safety of third parities as well as the fleeing motorist. 2.) Moving roadblocks are strictly prohibited. 3.) The on duty supervisor shall be responsible to authorize and control all types of roadblocks. o. Pursuit Roadblocks: 8 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY 1.) Fixed roadblocks shall be used as a last resort to apprehend a fleeing motorist who is wanted for a violent felony and who constitutes an immediate,serious threat to the safety of officers and third parties. o High visibility shall be maintained. o Roadblocks shall be well lighted by means of interior and exterior lights,road flares and other available lighting equipment. o Spotlights shall be used to illuminate the area but shall not be used to blind the vision of oncoming drivers. o Placement shall: (1) Be on a flat, straight roadway, whenever possible. (2.) Allow all approaching vehicles ample time to stop safely. (3.) Be sure that public endangerment is limited by avoiding, if possible, certain areas (schools, gas stations, blind hills,busy intersections etc.) o All personnel shall be clear of the roadblock and blocking vehicles by maintaining a safe distance. o When a roadblock is initiated, a safety lane or escape route shall be provided. P. Traffic checkpoint roadblocks shall: 1.) Control traffic in and out of major crime scenes. 2.) Control access in and out of the scene of a major disaster or emergencies. 3.) Not be employed as means of general or specific traffic enforcement unless authorized by the chief of police. 4.) Afford consideration for traffic speed at the roadblock,sight stopping distance and maintaining orderly traffic flow. 5.) Be staffed with sufficient manpower to properly check traffic without causing undue congestion. 6.) Provide that detained subjects shall be removed from the flow of traffic. q. Road hazard roadblocks-marked and semi-marked vehicles only. r. All officer shall take immediate action to set up a roadblock and shall notify a duty supervisor via communications,in the event that a roadblock must be set up to protect the public from potential hazard(flooding,traffic accidents, power lines down,etc.) s. The duty supervisor shall assess each situation as soon as possible and control the function and duration of the roadblock,consistent with the hazard involved. t. The roadblock shall be removed only by authority of the duty supervisor, upon notification by the officer that it is safe to do so. 6. Assistance to Foreign Police Agencies Assistance to foreign police agencies involved in a pursuit or conducting a roadblock shall be authorized through a duty supervisor under the provisions of Sections 3 and 4 of this order. 9 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Approved by: Date: Mayor Attest: Date:te dben alt ..14;,t/W4r7447 113.510 City Clerk 10 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY Department Name: Employee Name: Vehicle Number: UNITED CITY OF YORKVILLE,ILLINOIS VEHICLE AGREEMENT FORM This agreement describes the conditions and terms under which an employee of the United City of Yorkville is permitted the use of a City-owned vehicle for City business only. Full Name: Department Name: Residential Address: Home Phone Number: Work Phone Number: Driver's License Number: Social Security Number: ******************************************************************************** The following information pertains to the City owned vehicle assigned to the above employee for official ity business only. Comment:By Rose Spears Deleted:c CITY VEHICLE NUMBER: MAKE: MODEL: YEAR: VEHICLE IDENTIFICATION NUMBER(VIN): ODOMETER READING: ROUND-TRIP COMMUTE MILES: ****************************************************************************** I have read in full and understand the terms and conditions contained within this Vehicle Agreement(attached)and,by my signature below, I agree to said terms and conditions. Signature Date 11 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY MILEAGE REPORT FORM Comment:By Tony Graff (Please keep form in vehicle) Deleted:YORKVILLE PARKS AND RECREATION DEPARTMENT *Push in trip button to reset trip mileage before and after use Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles Driver Date Activity Miles 12 APPENDIX I REVISED DRAFT 1/22/04 UNITED CITY OF YORKVILLE VEHICLE POLICY VEHICLE FORM Comment:By Tony Graff Comment:By Rose Spears *Push in trip button to reset trip mileage before and after use Deleted:YORKVILLE PARKS AND RECREATION DEPARTMENT Deleted:TRIP Driver's Name: Driver's Signature: Date(s) Department: Vehicle Use(Activity) Total Mileage: Inspection of Vehicle Before Trip: Inspection of Vehicle After Trip: Damage: Mechanical Difficulty: Oil/Fuel on Departure: FULL 3/4 %2 1/4 EMPTY Oil/Fuel on Return: FULL 3/4 '/z 1/4 EMPTY 13 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 TABLE OF CONTENTS Section 1 Introduction 1.1 Purpose and Disclaimer(Appendix A) 1.2 Applicability 1.3 City Organization and Administration of the Personnel Program 1.3.1 City Council 1.3.2 Mayor 1.3.3 Department Heads 1.3.4 Fire and Police Commissioners(Appendix 13) 1.4 Definition of Employee 1.4.1 Department Heads 1.4.2 Supervisory 1.4.3 Full-Time 1.4.4 Part-Time 1.4.5 Temporary 1.4.6 Exempt Salaried Employee 1.4.7 Non-exempt Employees 1.5 Conflict with Other Regulations or Manuals Section 2 Personnel Program and Employment Status 2.1 Recruitment,Application and Selection 2.1.1 Recruitment 2.1.2 Application 2.1.3 Selection(Appendix C) 2.2 Personnel Records 2.2.1 Maintenance of records 2.2.2 Confidentiality 2.2.3 Standardized records 2.2.4 Finance Director notification process 2.3 Probationary Period 2.4 Layoff Section 3 Employee Conduct 3.1 Equal Employment Opportunity(Appendix D) 3.2 Anti-Harassment Policy(Appendix E—Employee Assistance Program) 3.3 Drug-Free Workplace Policy 3.3.1 Workplace Policy(Appendix F) United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 3.3.2 Definition and descriptions 3.3.3 Ability to perform 3.3.4 Education and referral program 3.3.5 Employment condition 3.3.6 Disciplinary action 3.4 Drug Testing 3.5 No Solicitation 3.6 Employee Performance Evaluation 3.7 Outside Employment conditions 3.8 Gifts and Gratuities(Appendix G) 3.9 Political Activity 3.10 Workplace Inspections Comment:By Traci PIeckham 3.11 On-the-Job Safety/Reporting of Accidents(Appendix H) 3.12 Threats,Violence and Weapons 3.12.1 Comment:By Traci Pleckham Deleted:Prohibited Conduct 3.12.2 Deleted:Reporting Procedures 3.12.3 Deleted:Investigation and Responsive Action No Retaliation Formatted:Bullets and Numbering 3.13 No Smoking or Tobacco Product use 3.14 Nepotism 3.14.1 Spouse/Relative of Department Heads/Elected Officials 3.14.2 Relatives of All Employees Section 4 Use of City Equipment 4.1 Authorization to Use Equipment 4.2 Use of City Vehicles(Appendix I) 4.3 Use of Personal Vehicles for City Business 4.4 Computer and Telephone Communications Systems(Appendix J) 4.5 E-Mail Policy 4.5.1 E-Mail system usage 4.5.2 Inspection/Search procedure 4.5.3 Prohibit use pertaining to other City Policies 4.5.4 Confidentiality of personnel records/memo's 4.5.5 Unauthorized access ii United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 4.6 Personal Use of Telephones Section 5 Disciplinary Action 5.1 Reasons for Discipline 5.2 Discipline Procedure 5.2.1 Remediation 5.2.2 Disciplinary Procedure 5.3 Grievance Procedure Section 6 Payroll Administration,Hours of Work and Overtime 6.1 Regular Hours of Work 6.1.1 Workday hours and lunch breaks 6.1.2 Public Works Employee"On-Call"Status,Duties,and Payment 6.1.3 Work Schedule 6.2 Shift Changes 6.3 Payroll Administration 6.4 Call-Back Pay 6.5 Overtime Scheduling 6.6 Overtime Pay 6.7 Compensation Time 6.8 Pay Adjustments 6.9 Longevity Pay Section 7 Leave Time 7.1 Vacation Leave 7.2 Holiday Leave 7.3 Sick Leave 7.3.1 Purpose,Allowance,and Accumulation 7.3.2 Medical Verification 7.3.3 Sick Leave Utilization 7.3.4 Unused Sick Leave 7.4 Reporting of Absences 7.5 Duty-Related Injury or Illness Leave 7.6 Emergency&Bereavement Leave 7.7 Military Leave 7.8 Jury Duty Leave 7.9 Unpaid Discretionary Leave 7.10 Family and Medical Leave iii United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 7.10.1 General Statement 7.10.2 Eligibility 7.10.3 Reasons for Leave 7.10.4 Leave is Unpaid 7.10.5 Notice of Leave(Appendix K) 7.10.6 Medical Certification 7.10.7 Medical and Other Benefits 7.10.8 Reporting from Leave 7.10.9 Reporting While on Leave 7.10.10 Intermittent and Reduced Schedule Leave 7.10.11 Policy Administration 7.10.12 Interrelation of Leaves 7.11 Benefits while on Leave Section 8 Employee Benefits 8.1 Health and Life Insurance Coverage 8.2 Pension Participation 8.2.1 Eligibility 8.2.2 Military Service Credit(Appendix L) 8.3 Vision and Dental Assistance(Appendix M) 8.4 Continuation of Medical Coverage 8.5 Uniform Allowance 8.6 Education and Training(Appendix N) 8.7 Travel Expenses 8.8 457 Deferred Compensation Plan(Appendix 0) 8.9 Employee Credit Union(Appendix P) iv United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 1 Introduction Section 1.1 Purpose and Disclaimer This Manual describes the current personnel policies that apply to as a member of the comment:By Traci Pleckham United City of Yorkville("City")workforce. This Manual is designed only to introduce to Deleted:you the City and to serve as a guide to present City policies,practices and procedures. The City has the right Delete:you to modify,amend,or withdraw any or all of the policies or procedures described in this Manual at any time.All employees shall sign an employee acknowledgment form upon receiving this employee manual.(Appendix A) Although the City hopes that all employees will enjoy a long and mutually beneficial career with the City,there is no guarantee of future employment or employment under any specific conditions. This Manual is not an employment contract of any kind,and it does not create any rights in the nature of employment contract,regardless of whether it has been distributed to new or existing employees,nor does it provide any due process rights in the event of discipline or discharge. Nothing shall restrict right to terminate employment at any time with or without notice or cause,and nothing Comment:By Traci Pleckham shall restrict the right of the City to terminate employment at any time with or without notice or Deleted: your cause. No representative of the City,other than the Mayor with City Council approval,has any Deleted:your authority to enter into any employment contract of any kind. Any contract or promise of employment Deleted:_your must be in writing and must be signed by the Mayor and approved by the City Council. Section 1.2 Applicability Unless otherwise noted,these personnel policies apply to all employees of the United City of Yorkville government except that these policies do not apply to the following: a. Elected Officials b. Persons employed to make or conduct a temporary and special inquiry,investigation or examination on behalf of the Mayor or City Council c. Volunteer or appointed personnel who receive no regular compensation from the City comment:By Traci Pleckham Comment:By Tr Unless otherwise specifically stated,none of the benefits referenced in this Manual apply to part-time Deleted:you employees. Deleted:you Unless otherwise provided for in a written contract of employment,Department Heads or other Comment:By Wanda Ohare supervisory employees are subject to this Manual. If are a Department Head,where Deleted:City Administrator provisions discuss an employee's relationship with his Department Head, may assume that the Deleted:you has that relationship vis-a-vis yourself. If Comment By Wanda Ohare the City Administrator,Chief of Police,or Park and Recreation Deleted:are Executive Director where provisions discuss an employee's relationship with his Department Head, Deleted:you may assume the Mayor has that relationship vis-a-vis . If have any questions regarding Deleted:yourself how this Manual applies to because of position with the City,contact immediate Deleted:you supervisor. Deleted:you Deleted:your Deleted:your 1 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 1.3 City Organization and Administration of the Personnel Program 1.3.1 City Council The City Council of the United City of Yorkville shall exercise control over personnel through the Comment:By Wanda Ohare adoption of the City's Annual Budget,Pay Plan,confirmation of the Mayor's appointment,or by the Deleted:only adoption of ordinances and resolutions as deemed necessary by the Council. (The Mayor may seek advisory input from the City Council in connection with annual performance evaluations for Department Heads who have a direct relationship with the Mayor as their immediate supervisor,such as:the City Administrator,the Police Chief and the Executive Director of Parks and Recreation.) 1.3.2 Mayor The Mayor shall be responsible for ensuring the effective administration of the policies and procedures and may delegate such functions as deemed necessary for the implementation of this system.The Mayor shall perform the performance evaluations for the City Comment:Discussed at COW Administrator,Chief of Police and Executive Director for Parks and Recreation Department. 1.3.3 Department Heads 1. The Department Heads shall be responsible for directing and coordinating personnel activities of the City on a day-to-day basis. 2. Department Heads shall establish such rules as deemed necessary to the efficient and orderly administration of their respective departments. 3. Department Heads shall evaluate their employees annually by February 15 of each year,and from time to time as needed,submitting their reports to the by March I'. Comment.By Mayor&COW meeting Evaluations shall be made on standardized forms as provided by the City,and shall provide a discussion comprehensive review of the quality of work performed by the employee. Both Department Deleted: City Administrator Head and Employee shall sign evaluations. 4. Department Heads shall prepare a tentative budget before the end of each fiscal year. It shall be presented to the Finance Director.The Finance Director will prepare the budget to be presented to the Mayor.The Mayor will present the budget to the City Council for approval. 5. Departments Heads shall prepare Job Descriptions and recommend the selection and hiring of all personnel to their appropriate committees when such job openings are deemed necessary and subject to adoption by the Mayor. 6. Department Heads shall submit for approval any promotion,demotion,and discharge of all personnel in their respective department,with the Mayor having authority for final dispensation of all employees. Comment:Discussion at COW& Valerie Burd 2 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 7. Department Heads shall supervise,develop and maintain the personnel system including written forms,procedures,and records.Furthermore,whenever there is a request for a policy change or recommendation the shall the request to the Mayor. comment By Mayor Comment:By Wanda Ohare,Spears, &Burd 8. Department Heads shall administer the personnel policies and procedures including the Deleted:city Adm n strator performance evaluation and the employee grievance procedures. Deleted:prepare Comment:By Mayor 9. Department Heads shall perform any other lawful acts that are considered necessary or desirable to carry out the purpose of the personnel system and the provisions outlined in this manual,or as directed by the Mayor and City Council. Section 1.3.4 Fire and Police Commissioners(Appendix B) The Board of Fire and Police Commissioners performs the function of a civil service commission for all sworn police officers.The board hires,fires,promotes and disciplines all members of the police department,except the Police Chief,who is appointed by the Mayor with the advice and consent of the City Council and will not be hired or disciplined by the Board. Section 1.4 Definition of Employee Section 1.4.1 Department Heads Department Heads are salaried on an annual basis,regardless of number of hours worked over 40 hours per week. Department Heads do not receive overtime pay. However,if it is necessary for them to work over the forty-hour week,they may(work requirements allowing),take time off for personal reasons. This benefit is not to be abused. The Department Head shall of such Comment Discussed at COW and to be made available to the Mayor upon request reviewed by the Mayor Deleted:maintain a record Deleted: Comment By Rose Spears Section 1.4.2 Supervisory Deleted: absences Deleted: Supervisory personnel are defined as members of the management group. Supervisory personnel direct Comment:Discussed at COW and the daily work activities of unit or shift of employees. Employees shall convey late report times,illness, reviewed by the Mayor or other absence,and make requests for authorized leave to the Supervisory personnel. Section 1.4.3 Non-Exempt Full-Time Full-time non-exempt employees are paid on an hourly basis. All full-time non-exempt employees are expected to work 40 hours per week,unless authorized leave is approved by the Department Head or indicated within their job description upon approval by the Mayor and City Council. Section 1.4.4 Part-Time An employee who is employed regularly for less than the normal number of hours is considered part- time. These employees receive straight time for all hours,(less than forty hours in one week),are 3 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 ineligible for benefit packages listed in this manual,and may not work more than 1,000 hours per year. Any exceptions to the definition of part time employee must have Mayor and City Council approval. Section 1.43 Temporary Deleted:q Temporary employees are generally those persons employed to fill a position for less than six(6) months duration. There is no guarantee of reinstatement for the same period during the following calendar year. Temporary employees are not entitled to sick leave. Temporary employees are not entitled to vacation or other similar benefits enjoyed by full-time employees. Temporary employees are hired by the Department Head,with concurrence of the Mayor and City Council. Section 1.4.6 Exempt Salaried Employee An employee paid on a salary basis that works in an executive,administrative or professional capacity determined by the City to be exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Exempt salaried employees are not entitled to overtime under the FLSA. Notwithstanding any provisions of this Manual,the discipline of such employees shall be in accordance with FLSA regulations regarding exempt salaried employees. Section 1.4.7 Non-exempt Employees An employee who is either paid by the hour or on a salary basis and is not in a position determined by the City to be exempt from overtime under the Fair Labor Standards Act. Such employees are eligible for overtime pay. Section 1.5 Conflicts with Other Regulations or Manuals In the event there is a conflict between the policies contained in this Manual and a collective bargaining agreement,a current written individual employment agreement,or applicable rules and regulations of the Board of Fire and Police Commissioners or the Yorkville Public Library,the terms of the agreement or applicable rules and regulations shall apply. No one other than the Mayor,with the advice and consent of the City Council,has the authority to enter into a contract contrary to the terms of this Manual. Section 2 Personnel Program and Employment Status Section 2.1 Recruitment,Application,and Selection Section 2.1.1 Recruitment It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race,color,religion,sex, Comment By Rose Spears Labor Attorneys recommendation in letter 9- 27-02(Per Rose Spears chart) 4 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 2.1.2 Application Appointment and promotion to the positions in the City will be based upon merit and fitness. Selection methods will be based wholly on the job related references,aptitude,and adaptability. Section 2.1.3 Selection Regardless of the number of applicants,selection methods shall be deemed competitive when the qualifications required are based upon education,experience and personnel standards established for the position. In such instances,a reasonable opportunity shall be afforded for qualified persons to apply, and the following procedures will apply to the recruitment of all personnel: a. When any non-exempt job vacancy occurs that has been approved by the Mayor and City Council,the Department Head shall post the job announcement, stating the title,salary range,job description,manner of application,and comment:By Rose Spears submitted closin date fora I kation. to and not changed by attorney Labor gpp Attorney's letter 9-27-02(Per Rose Spears chart)&Valerie Burd b. After reviewing applicant qualifications,and/or holding personal interviews,the Department Head shall conduct a background check(Appendix C)before making the conditional offer of employment to the applicant deemed best suited for employment with the City. The Department Head may conduct any other required pre-employment screening after the conditional offer of employment has been made to the applicant,such as:medical and/or psychological test.Then the Department Head shall hire the Deleted:applicant . The Department Head will notify the Finance Comment:By Rose Spears submitted Director of the hiring and copy the City Administrator. to and not changed by attorney Labor Attorney's letter 9-27-02(Per Rose Spears chart) c. While current full-time City employees are encouraged to apply for appointment to positions for which they are qualified,the City reserves the right to hire external or internal applicants for any or all vacant positions. Accordingly,position announcements may be posted internally and/or advertised before a position is filled. d. An employee of the City may request,or be requested,to transfer to another position within the City. Section 2.2 Personnel Records Section 2.2.1 Maintenance of records Department Heads shall maintain personnel records of each employee containing the employee's name, title,department,starting date,salary,change in employment status,training received,disciplinary actions,or other such information as may be considered pertinent. Section 2.2.2 Confidentiality All employee records shall be considered"CONFIDENTIAL"and shall not be released to outside parties except where consistent with the Illinois Personnel Record Review Act,820 ILCS 40/01.01 et. seq.,or as authorized by the individual employee. 5 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 2.2.3 Standardized forms Personnel evaluation,absenteeism,grievances,and other job performance records shall be standardized, I and will apply to all ity personnel. Comment•,By Rose Spears Deleted:c Section 2.2.4 Notification process to Finance Director Deleted:¶ With the promotion,demotion,or termination of employment of any employee,the appropriate Department Head must file a written notice and said action with the Finance Director. Section 2.3 Probationary Period A formalized twelve-month evaluation and probationary period are in effect at the time of appointment for all employees. The evaluation periods are to be treated as an integral part of the selection process. Serious evaluation shall be made as to the employee's work record,attendance,compatibility,and any other aspect of job performance deemed necessary to insure the highest level of performance.The I Department Head shall furnish an evaluation report to the . The existence and/or Comment:Cow Meetin completion of the evaluation and probationary period do not imply that the employee has a contractual Deleted:Cay Administrator right to continued employment with the City. Section 2.4 Comment:Labor Attorney's recommendation(Per Rose Spears chart) It may become necessary to require an employee's involuntary separation from City service without pay, Deleted:Layoff due to lack of work or funds. The required number of employees may be laid off in the order of their relative length and quality of service. However,careful consideration shall be given to maintaining a work force reflecting the needs of the community. The City expressly reserves the right to make layoffs in any order. Employees shall be notified by certified mail at least ninety(90)days before their separation. Reasons for selecting the employees to be separated shall be documented and maintained on file to support action taken. In the event of a layoff,employees laid off shall be placed on a preferential hiring list for a period of no less than two(2)years. Re-hiring shall be in reverse order of separation, providing that the employee laid off has the skills and ability for the job to be filled. No employee may be reduced in rank,pay,or title for any reason other than disciplinary reasons. Reduction of rank,pay, or title requires 2/3 vote of the City Council for all employees. Section 3 Employee Conduct Section 3.1 Equal Employment Policy The United City of Yorkville has adopted an Equal Employment Policy as described in Resolution 93- 18(10-25-1993)(Appendix D). It reads as follows with modified changes to be currently compliant with Federal,State,and Local laws: a. It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act(42 USC§2000),and all State Civil Rights Legislation. 6 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 b. No person shall,on the grounds of race,color,religion,sex, national origin, Comment:By Traci Plekham ,martial status,or Deleted: age, any other status protected by law be Deleted: disability excluded from participation in or be subjected to discrimination in any program or activity funded in whole or in part by Federal funds. c. The City Administrator shall oversee civil rights compliance. Section 3.2 Anti-Harassment Policy The United City of Yorkville is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment,we will not tolerate harassment of City employees by anyone,including any supervisor,co-worker,or any third party. All employees are expected to avoid any behavior or conduct that could reasonably be interpreted as harassment. All employees are expected to make it known promptly,through the avenues identified below,whenever they experience or witness offensive or unwelcome conduct. Harassment consists of unwelcome conduct,whether verbal,physical,or visual,that is based upon a person's protected status,such as sex,color,race,religion,national origin,age,physical or mental disability or other protected group status. The City will not tolerate harassing conduct that affects tangible job benefits,that interferes unreasonably with an individual's work performance,or that creates an intimidating,hostile,or offensive working environment. Such harassment may include,for example, jokes about another person's protected status,kidding,teasing or practical jokes directed at a person based on his or her protected status. Sexual harassment deserves special mention. Unwelcome sexual advances,requests for sexual favors, and other physical,verbal,or visual conduct based on sex constitute sexual harassment when(1) submission to the conduct is an explicit or implicit term or condition of employment,(2)submission to or rejection of the conduct is used as the basis for an employment decision,or(3)the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating,hostile,or offensive working environment. Sexual harassment is conduct based on sex, whether directed towards a person of the opposite or same sex,and may include explicit sexual propositions,sexual innuendo,suggestive comments,sexually oriented"kidding"or"teasing", "practical jokes",jokes about obscene printed or visual material,and physical contact such as patting,pinching,or brushing against another person's body. Deleted:If you feel Comment:By Rose Spears submitted All City employees are responsible to help assure that we avoid harassment. to an d not changed by attorney that you have experienced or witnessed harassment, are to notify the City Deleted:you Administrator, epartment ead or upervisor,or City Attorney or any of the individuals listed Comment:By Rose Spears below: Deleted:your Deleted:d Employee Assistance Program(Appendix E),Coordinator/Contact person as posted on the employee Deleted:It bulletin board.The City forbids retaliation against anyone for reporting harassment,assisting in making Deleted:s a harassing complaint,or cooperating in a harassment investigation. Comment:By Rose Spears been retaliated against, are to notify the City Administrator, Department Head or Deleted:It you feel you base Supervisor or City Attorney or the previously listed contact persons. Deleted:you Deleted:your 7 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 The City's policy is to investigate all such complaints thoroughly and promptly. To the fullest extent practicable,the City will keep complaints and the terms of their resolution confidential. If an investigation confirms that a violation of the policy has occurred,the City will take corrective action, including discipline,up to and including immediate termination of employment. An employee who believes that he or she has been the subject of harassment or retaliation for complaining about harassment also has the right to file a charge of civil rights violations with the appropriate state or federal enforcement agency. These include: Illinois Department of Human Rights 100 West Randolph Street,Suite 10-100 Chicago,Illinois 60601 312-814-6200 United States Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street,Suite 2800 Chicago,Illinois 60661 312-353-2713 Section 3.3 Drug-Free Workplace Policy(Appendix F) Section 3.3.1 The United City of Yorkville has adopted a Drug-Free Workplace Policy as described in Resolution Number 93-17(10-25-1993). It reads as follows: Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety and health,promote crime,lower productivity and quality and underline public confidence in the work City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts,41 USC 701,et seq.,and 30 ILCS 580/1 et seq.,in order for the City to be considered a"reasonable source"for the award of federal or state grants,it is appropriate to adopt the following policy: Section 3.3.2 Definition and descriptions Any location which City business is conducted,whether at this or any other site is declared to be a drug- free workplace.All employees are absolutely prohibited from unlawfully manufacturing,distributing, dispensing,possessing or unlawfully using controlled substances or alcohol,as defined in the federal and state Drug-Free Workplace Acts,in the workplace. This policy does not apply to the lawful use of prescription drugs under the supervision of a licensed healthcare professional and within the limits of a valid prescription. An employee who has been prescribed drugs or who is taking over-the-counter medications that come in containers with warnings about drowsiness or interference with the ability to operate machinery or drive safety,is required,however,to consult with his or her doctor or pharmacist about the medication's effect on the employee's ability to perform his or her job safely,and to immediately disclose to his or her supervisor any medication-related work restrictions. Employees should not,however,disclose the type of drugs that have been prescribed or the underlying medical conditions,impairments or disabilities unless specifically directed to do so by their doctor or asked to do so by the Comment By Wanda Ohare Deleted: Citi 8 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Comment Question for Attorney Smith shouldthecity ask employees to reveal medical 3.3.3 Employee's ability to perform duties their conditions or prescribed drugs.If not then should the Employees are expected and required to report to work on time in appropriate physical and mental sentence end at the word doctor' condition to perform duties of their jobs. Section 3.3.4 Education and referral program Employees have the right to know the dangers of drug abuse in the workplace,the City's policy about them and what help is available to combat drug problems. Employees needing assistance in overcoming drug abuse problems are encouraged to seek professional assessment,treatment support and aftercare at appropriate outside agencies. Conscientious efforts to seek such help will not jeopardize any employees' job nor will it be noted in any personnel record. However,referral to such programs in no way exempts an employee from discipline for less than acceptable job performance. Section 3.3.5 Employment condition As a condition of initial and continued employment,each employee shall: a. Agree in writing to abide by the terms of the City's policy respecting a drug and alcohol- free workplace;and, b. Agree,as required by law,to inform his or her supervisor of his or her conviction of any criminal drug or alcohol Statute,for a violation occurring on or off City premises,while conducting City business,no later than five(5)days after such a conviction.A conviction means a finding of guilt(including a plea of"no lo contendere")or the imposition of a sentence by a Judge or jury in any federal or state court,and/or a finding of Court Supervision. Section 3.3.6 Disciplinary action An employee who violates the terms of this policy may be subject to disciplinary action including suspension and/or termination and may be referred for prosecution consistent with applicable local,state and federal law. a. The City shall take prompt disciplinary action with respect to any employee who violates this policy. b. The City may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program. Section 3.4 Drug Testing It is the policy of the City to conduct drug/alcohol testing where it has reason to believe that an employee may be under the influence of alcohol,illegal drugs or other controlled substances. In addition,any employee who is reasonably believed to have caused or contributed to an accident which resulted in personal injury requiring medical treatment away from the scene of the accident or which 9 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 disabled a piece of equipment shall be tested for alcohol,illegal drugs,or other controlled substances. Further,employees employed in safety sensitive positions are subject to periodic or random testing. Employees subject to D.O.T. testing shall be tested in accordance with Comment:By Tony Graff clarification rp D.O.T.regulations in addition to the testing and discipline provisions of this policy. Refusal to submit P° °se°°l' to testing will result in disciplinary action,up to and including termination of employment. Section 3.5 No Solicitation Solicitation by employees shall not be permitted during working time(the time employees are performing Department functions)in the City,or during non-working hours in areas where it will disturb other employees who are working. Distribution or circulation of printed materials by employees shall not be permitted any time,including working and non-working time,in working areas. Solicitation or distribution of printed materials by non-employees is prohibited in work areas. Section 3.6 Employee Performance Evaluation At a minimum,yearly reviews shall be made of the employee's work performance by the Department Heads,and reported to the Mayor. Employees may be given more frequent evaluations as circumstances warrant. A finding of satisfactory performance is needed for advancement on the wage scale. Section 3.7 Outside Employment Employees may hold outside employment,including self-employment,provided such employment does not: 1)interfere with the performance of City duties;2)present a potential conflict of interest;3)result in outside work being performed during an employee's work shift;4)involve the use of city equipment or supplies. Employees shall be permitted to engage in outside employment only with the prior written approval of their Department Head. If granted permission for outside employment an employee's Department Head may revoke the permission where it appears to the Department Head that such activity conflicts with the standards set forth above. Employees who engage in outside employment shall notify their Department Head of the addresses and phone numbers where they can be contacted,if necessary, for their normal work schedule,of the name of their supervisor(if applicable),and of the type of work they are(or will be)performing. Section 3.8 Gifts and Gratuities a. City services are not to be rendered by any employee with the expectation or in exchange for any gift,gratuity,discount,reward,entertainment,hospitality,loan,forbearance,other tangible or intangible item having monetary value. This policy prohibits the receipt of gifts by the employee's spouse or an immediate family member living with the employee from a"prohibited"source. In addition,all employees are required to comply with the City's Ordinance#1999-12(Appendix G)implementing the provisions of the State Gift Ban Act. When an employee receives any offering as a result of his or her status as a City employee,the offering must be immediately turned over to the City's Ethics Officer, which is the Kendall County States Attorney. The Ethics Officer will determine the ultimate disposition of any gift or offering in accordance with the City's ordinance and the State Gift Ban Act. Additional information about this policy maybe obtained from the City Administrator,Ethics Officer or City Attorney. 10 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 b. No employee in the City's service shall have any financial interests in the profits of any contractor,service provider,or other work performed for the City,or shall personally profit directly or indirectly form any contract,purchase,sale or service between the City and any person or company. Any employee who violates this section shall be subject to discipline for misconduct in office. Section 3.9 Political Activity a. No employee shall use his or her official position of employment to coerce or inhibit others in the free exercise of their political rights;or engage in political activities while at work or on duty. b. Due to the conflict of interest created by employees holding an elected office,the taking of an oath for any City office shall constitute an employee's resignation from City employment Comment By Wanda Ohare Deleted: Section 3.10 Workplace Inspections The City wishes to maintain a work environment that is free of illegal drugs,alcohol,unauthorized firearms,explosives,or other improper materials. To this end,the City prohibits the possession,sale, transfer or use of such materials on its premises or in City vehicles. The City requires the cooperation of all employees in administering this policy. Desks,lockers and other storage devices may be provided for your convenience,but remains the sole property of the City. The City also reserves the right to conduct searches and inspections of City- provided vehicles,equipment,materials,such as boxes,thermoses,briefcases,desks,computer files, Comment Discussion at COW computers,computer disk,cabinets,file drawers,desk,lockers,or packages without notice. Deleted: purses, to submit to a search or are found in possession of prohibited articles will be subject to Comment By Rose Spears disciplinary action,up to and including dismissal Deleted:If you refuse Deleted:The City is not responsible for loss of or damage to personal property on the job_ Comment Discussed at COW Deleted:Accordingly,the City Section 3.10.2 Criminal Inspections/Searches Administrator or Chief of Police or their designee may conduct the inspection with or without prior notice.All Whe a supervisor or an employee has reasonable suspicion that a criminal act or threat of violence has administrative/operational inspections sor will occur he or she shall contact the local police department immediately.The local police will of theh bCe ity Admincted through or Cahief of of City Administrator or Chief of determine if the inspection is warranted and conduct such inspection. Only law enforcement personnel Police conduct such inspection. Any abuse of this provision within the employee manual by any Deleted:re employee shall be subject to disciplinary action up to termination. Comment By Rose Spears Deleted:will Section 3.11 On-the-Job Safety/Reporting of Accidents Deleted: Fu the more.the city recognizes that the police department has unique situations that will require an additional more specific inspection procedure which shall be approved by the City Council. 11 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Employees are expected to exercise caution and observe all established safety rules and regulations applicable to their position and in the operation of tools,equipment and motor vehicles in connection with City business.(Safety Policy-Appendix H) The following safety rules apply to all employees of the City: a. Basic responsibility for safety rests with Department Heads and from them,to their designated safety representatives,supervisors,and employees,but it is the responsibility of every employee to become familiar with and adhere to all safety rules and regulations. b. Any employee acting in a supervisory capacity shall require all employees under their supervision to comply with all applicable safety rules and practices. c. Any employee having knowledge of any unsafe condition or work practice shall report such condition or practice to their immediate supervisor,departmental safety representative,or epartment eads. Comment.By Tony Deleted:d d. All employees shall use reasonable precautions in the performance of their duties and act Deleted:h in such a manner as to assure maximum safety to themselves,their fellow employees and the public. e. All employees shall familiarize themselves with the safety rules applicable to their jobs and shall consult with their supervisors on any safety rule or practice not understood,or whenever work conditions present unforeseen hazards. f. No employee shall remove or make ineffective any safeguard,safety device or safety appliance except for the purpose of replacement,repair or adjustment. g. Employees shall keep their work areas clean,orderly and,to the extent possible,free from all recognized safety hazards. h. All employees shall work in appropriate clothing,including footwear,suitable for the type of work being performed,and shall wear or use appropriate safety devices or personal protective equipment as provided,or directed. i. When driving or riding as a passenger in a City-owned vehicle,or in a personal vehicle while on City business,employees shall wear properly adjusted and fastened seat belts. j. Employees shall comply with all applicable Local,State and Federal traffic laws when operating a City vehicle or personal vehicle while on City business,except for police officers when authorized in the line of duty and in accordance with epartment standard Deleted:D operating procedures Comment:By Traci Pleckham Deleted: (SDP's) k. Any employee who suffers an on-the-job injury or illness,or is involved in an accident while operating City equipment,a City-owned vehicle,or a personal vehicle on City business,shall complete a report of accident on the approved report form and submit the form to the immediate supervisor. The form shall be completed and submitted within twenty-four hours of the on-the-job accident,injury or illness to the extent practicable. 12 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Individual departments may adopt any safety rules that address particular operations or hazards that exist within that department and which are not inconsistent with the general safety rules listed above. Any employee found to be in violation of the general safety rules or applicable departmental safety rules may be subject to disciplinary action. Section 3.12 Threats,Violence and Weapons Comment:Labor Attorney's letter 9- 27-02(per Rose Spear's chart) 3.12. Prohibited Conduct Deleted:1 "Workplace violence"includes any behavior or conduct on City premises,which is sufficiently severe, offensive,or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of co-workers and/or property. It includes,but is not limited to: a. Any physical behavior,or threat of physical behavior,which involves aggressive contact with any person,including pushing,hitting,fighting,throwing objects or otherwise intentionally injuring another person or attempting to injure another person Deleted: b. Any physical behavior,or threat of physical behavior,that would place a reasonable person in fear of receiving imminent physical injury or aggressive physical contact of the sort discussed above;or c. Any act of vandalism or other intentional damage or destruction of City property. No employee or third party,except for authorized law enforcement personnel,is permitted to bring weapons or firearms onto City property(including City vehicles). 3.12. Reporting Procedures Deleted:2 a. Employees who become aware of workplace violence or any threat of workplace violence,whether by an employee or non-employee,must immediately report such action to their immediate supervisor and law enforcement personnel. Disciplinary action may result if the employee having knowledge of a suspected violent act fails to report the incident. b. Any employee who is a victim of workplace violence must immediately report the situation to law enforcement personnel,then his or her supervisor or the City Administrator when the supervisor is involved. 13 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 c. Any report made pursuant to this policy will be treated with confidentiality to the extent reasonably possible and appropriate. d. Actions that may be considered endangering or life threatening by or against any employee or individual on City property should comment By Tony Graff grammar& in addition to the reports set forth above. clarification Deleted:, Section 3.12. Investigation and Responsive Action Deleted:3 a. All incidents of alleged workplace violence will be investigated promptly by the City. b. Based on the results of the investigation,the City will take appropriate action. If a violation of policy is found,such action may include immediate discharge. Additionally, the City may report the situation to law enforcement. c. When applicable,the City and its employees shall cooperate fully with police and other law enforcement officials in the investigation and prosecution of any workplace violence. d. The City may take other actions,as it deems appropriate under the specific circumstances,including seeking judicial action. Section 3.12. No Retaliation Deleted:4 The City forbids retaliation against any employee for reporting any violation of this policy. Any employee who engages in retaliation in violation of this policy shall be subject to disciplinary action up to and including discharge. Section 3.13 No Smoking or use of Tobacco Products Smoking and/or use of any form of tobacco products are prohibited within city owned public buildings. Designated areas may be designated with approval of the Department Head and City Administrator. Section 3.14 Nepotism Section 3.14.1 Spouse/Relatives of Department Heads/Elected Officials a. The employment of spouse or a relative of any epartment ead or elected official may Deleted:d be subject to a confidentiality disclosure agreement or conflict of interest agreement as Deleted:h deemed necessary by the city attorney. For this purpose,a relative is deemed to mean a spouse,parents,grandparents,children or grandchildren,siblings,aunts,uncles,in-laws, and step relatives within these categories. b. This policy is intended to comply with the requirements of all applicable federal,state, and local laws. The Mayor responsible for the coordination,administration and Comment By Valerie Burd implementation of the provisions of this policy Deleted:City Administrator and Deleted:are Section 3.14.2 Relatives of All Employees Comment By Valerie Bard 14 IN United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 a. The purpose of this policy is to establish consistent guidelines concerning the employment of relatives of employees of the City. Relative is deemed to mean a spouse, parents,grandparents,children or grandchildren,siblings,aunts and uncles,in-laws and step-relatives,within these categories. It is the policy of the City to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty,actual or implied,based on family relations. b. The employment of a relative of any full-time City employee,in a full or part-time position,is prohibited if such employment shall cause the new employee to come under direct supervision of or provide direct supervision to the related full-time employee. c. Full-time City employees will not be considered for promotion or transfer if such change shall cause the employee to come under,or to provide direct supervision to a related City employee. d. If employees in a supervisory relationship become related after employment,every effort will be made to transfer one of the employees to a position where no supervisory relationship exists. If neither employee volunteers to transfer,the City Administrator/Mayor will arrange an involuntary transfer at his or her discretion. Transfer decisions may be based on,but are not limited to,such factors as the grade of each affected employee's position,the availability of openings for which the affected employees are qualified,and the availability of replacement candidates for the affected employees'positions. e. This policy is intended to comply with the requirements of all applicable federal,state and local laws. f. The Mayor responsible for the coordination,administration and Comment:By Mavor,Spears R Ohare implementation of the provisions of this policy. Prior to the application of this policy Deleted:Cite Administrator and regarding employment or transfer decisions with respect to spouses,supervisors must Deleted: contact the to ensure compliance with applicable federal,state and local laws. Deleted:are Deleted:Citv Administrator Section 4 Use of City Equipment Section 4.1 Authorization to Use Equipment City equipment and supplies may be used only for authorized City purposes. No City equipment or I supplies shall be removed from City premises for personal use authorized by the Department Deleted: Only those employees Head,City Administrator,or Mayor Comment:Larry trot identified incomplete sentence Section 4.2 Use of City Vehicles An employee must obtain permission from the Department Head to use City vehicles,as provided by the City Policy(Appendix I).Use of ity vehicles Comment:By Rose Spears submitted to and not chanced by attorney&By encouraged Any out of pocket expenses such as parking,tolls,and emergency repairs shall be Valerie Burd reimbursed upon presentation of receipts. Deleted:c Deleted: are Deleted:,if available. 15 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 4.3 Use of Personal Vehicles for City Business Whenever an employee is authorized to use a personal vehicle in the performance of official City duties, Formatted:Plain Text,Tabs:Not at the employee shall be compensated at the prevailing IRS mileage rate. All mileage compensation shall 1 be a result of authorized personal vehicle use approved by the employee's Department Head. Reimbursable uses include:the use of personal vehicle to attend out-of-town functions,training sessions,and meetings when such functions are a requirement of the employee's job or are deemed desirable by their Department Head or the Mayor. Section 4.4 Computer and Telephone Communications Systems a. All computer and telephonic communications systems and all communications and information transmitted by,received from or stored in these systems are the property of the City and as such are to be used solely for job related purposes(Note: See Section 4.6 Personal use of telephones). The use of any software and business equipment,including but not limited to,facsimiles,telecopiers, computers, and Comment:By Wanda Ohare copy machines for private purposes is prohibited. All materials and information created, Deleted:strictly transmitted or stored on City computer systems are the property of the City and may be accessed by authorized City personnel. Employees shall have no ownership or proprietary interest in the computer network,including any of the data files or Comment.By Valerie Burd applications operating or residing on the computer network or any stand-alone computers. Deleted:ed No employee shall,without express authorization,copy or download any applications from the computer network,copy or load any applications onto the computer network,or disclose to,or allow the use of the computer network by,any third party. Furthermore, all employees shall be required to sign an E-Mail,Voice Mail,Computer,and Office Equipment Acknowledgement Form.(Appendix J) b. this equipment for personal purposes do so at own risk. Comment By Valerie Burd and Further , are not permitted to use a code,access a file or retrieve any committee to reprove reference to Ist person(you). stored communication unless authorized to do so or unless you have received prior Deleted:If you use clearance from an authorized supervisor. All pass codes are property of the City. may not use a pass code that has not been issued to or that is unknown to Deletes:you the City. If violate this policy, may be subject to disciplinary action, Deleted:your up to and including dismissal. Deleted:you Deleted:You c. Employees must obtain written authorization from their Department Head to use City Deleted:you information technology resources to access the Internet. Requests for Internet access Deleted:you must be based on legitimate,business-related reasons. Employees may only use Deleted:you authorized connections for Internet access. The network administrator will terminate any unauthorized connections to the server. Department Heads authorize access to the Deleted:who Internet are responsible for promptly notifying the City's network administrator when Internet users terminate,change departments or no longer require Internet access. d. To ensure that the use of electronic and telephonic communications systems and business equipment is consistent with the City's legitimate business interests,authorized representatives of the City may monitor the use of such equipment from time to time to the extent permitted by applicable state and federal law. Users should not have any 16 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 expectation of privacy with respect to any materials and information created or stored on these systems. Section 4.5 E-Mail Policy The City provides an electronic mail("e-mail")system to some of its employees in order to facilitate the communication of work-related data internally and externally in the most effective and efficient manner possible consistent with legal requirements and established policies and procedures. In order to provide City employees with the benefits of e-mail communications without exposing the City to the many risks inherent in e-mail communications, developed the following rules. any Comment:By Valerie Burd questions contact the Deleted:we have Deleted:If you have Section 4.5.1 The e-mail system may be used only to process and communicate work related Deleted: data at and messages. Deleted: City Administrator Employees may only use e-mail for legitimate business-related communications in the course of their assigned duties. No one may use e-mail to conduct personal business of any kind,including downloading data from the Internet or from any other source for other than strictly work-related purposes. All data of any nature that entered or received through City computer including all e- Comment:By Valerie Burd mail messages are and will remain City property. None of the data or messages may be used for any Deleted:are purpose not related to City business be sold,transmitted, Deleted:your conveyed or communicated in any way to anyone outside of the City without the express written Deleted:ne of those authorization of an officially-designated City representative. Deleted:,nor Section 4.5.2 City computers and all data and e-mail messages on City computer systems are Deleted: ma‘they subject to inspection and search by the City. In the course of their duties,City systems operators, epartment eads, upervisors,and/or approved Deleted:d consultants may monitor employee use of the e-mail system and review the contents of data or messages Deleted:h in the e-mail system. Deleted:s Comment:By Valerie Burd Section 4.5.3 The creation or transmission of any data or e-mail message that may be Deleted:enterin .leas;nL or stored construed to violate the City's"Harassment-Free Workplace"policy or"Equal Employment Opportunity"policy is strictly prohibited. This prohibition includes sexually explicit or offensive messages,cartoons or jokes,ethnic or religious slurs,racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race,color,religion,sex,national origin,age,disability,marital status,or any other status protected by law. Section 4.5.4 E-Mail may not be used to transmit disciplinary messages or statements regarding individual employees. All such negative messages must be kept strictly confidential and therefore may not be communicated via e-mail in any form whatsoever. For many of the same reasons,performance evaluations may not be conducted or transmitted via e-mail. 17 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 4.5.5 Unauthorized access of e-mail,use of other employees'passwords and disclosure of other employees' passwords is strictly prohibited. Unauthorized use of codes or passwords intended to gain access to other employees'e-mail accounts is prohibited. Likewise,the unauthorized disclosure of other employees'passwords is prohibited. As a condition of employment and continued employment, are required to sign an e-mail Comment:By Valerie Burd acknowledgement form.(Appendix J) Deleted:you Section 4.6 Personal Use of Telephones Employees are permitted to use City telephones for personal use on limited basis and for local calls only. Approval to use City telephones for personal business may be withdrawn by Department Heads if it becomes excessive or if use causes interference with work duties. Employees may This policy is subject to change, Comment:By Valerie Burd as the City deems necessary. Deleted: pay for any non-business calls they make which are charged to the Section 5 Disciplinary Action City Section 5.1 Reasons for Discipline Employees of the United City of Yorkville are expected to perform satisfactorily their assigned duties t Comment:By Valerie Burd is the duty of the Department Heads to oversee conduct and work performance of said employees within Deleted:, their respective departments. Unless otherwise set forth under a written contract of employment or Deleted: and unless provided otherwise by the Board of Fire and Police Commissioners,employment with the City is Deleted: at-will,and employees can be discharged with or without cause,at any time at the sole discretion of the . Reasons for disciplinary action may include,but are not limited to,the following: Comment.Discussion at COW& Wanda Ohare a. Incompetence,negligence,inefficiency,or failure or inability to perform assigned duties. Deleted:City Comment:By Valerie Bard b. Abusiveness in attitude or language,or in conduct resulting in physical harm,injury or Deleted:your harassment to City employees or the public. comment By Valerie Burd Deleted:Sour c. Violation of City drug and alcohol policies. Deleted:your d. Violation of any lawful or official regulation,order or rule,or failure to comply with any Comment:By Valerie Burd lawful direction given by your superior. Deleted:your e. Conviction of a felony or any criminal misdemeanor set forth in Section 10-1-7 of the Illinois Compiled Statutes. f. Causing damage to public property or waste of City supplies through negligence or willful misconduct,or failure to take reasonable care of City property. g. Falsifying employment applications or City records. h. Absence from scheduled work without prior authorization 18 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 i. Claiming sick leave under false pretenses. j. Absence without leave for a period of three(3)days(an involuntary resignation),or a failure to report after leave of absence has expired or has been disapproved,revoked,or canceled by the employee's superior. k. Work history shows excessive or chronic absenteeism. 1. Insubordination. m. Any other reason as determined by upervisor,Department Head,or Mayor. Comment:By Rosa Spears Deleted:s Comment:By Rose Spears(omitted during reviews)&Valerie Bard These examples are not all-inclusive,and other conduct not specifically covered above may result in Formatted:Bullets and Numbering disciplinary action depending upon the circumstances. Section 5.2 Discipline Procedure The City is committed to assisting all employees who are not performing their job duties at expected standards. The City shall take any or all of the following steps in developing a"remediation plan"for employees with performance problems,although remediation may not be appropriate for all employees. The City,in its discretion,will determine when remediation will be made available to an employee,as well as what steps shall be included in a remediation plan. 5.2.1 Remediation Notice and a chance to improve. Department Head shall inform the employee of his performance problems or shortcomings,and provide a reasonable opportunity to improve. Specific Information. Department Head shall let the employee know exactly what the problem is,and set up an improvement program that calls for specific actions by stated deadlines.Furthermore,the Department Head may recommend employee contact the Employee Assistance Program. comment By Valerie Bard Deleted:to the Maintenance of Records. Early warnings may take the form of verbal counseling;further warnings Deleted:to shall be in writing and these warnings are performance based warnings.Department Head shall Comment:Discussed at COW&By copies of any performance based warnings in the employee's personnel file. Employees shall be given Rose Spears the opportunity to sign warnings. igning does not constitute the acceptance of such warning,but Deleted:include acknowledges employee is aware of the warning. Performance based warnings will be reviewed every Comment:By Valerie Burd 365 days or one year after issuance. If the employee has improved,the warning may be removed from Deleted:Therefore,s his/her file and sealed. Comment Attorney Smith what does sealed mean?Per Valerie Bard Provide a reasonable time to improve. When setting the deadline for improvement,the Department Head shall determine what would be a reasonable time considering the problem and circumstances. 19 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 5.2.2 Disciplinary Procedure Procedure for Disciplinary Action or Terminated Review. All employees who have been notified of performance problems and directed to improve and correct such problems may be subject to discipline or discharge for the failure to do so or where further performance problems arise. worn employees are Comment:By Valerie Burd subject to the requirements of the Board of Fire and Police Commissioners Act. An employee can be Deleted:Remember s suspended any time,with intent to discharge,without regard to the preceding steps,if he or she commits an offense for which immediate discharge is specified as a penalty or if,in the Department Head's judgment,the employee's continued presence would be contrary to the well being of the City or any of its employees. Until action by the Mayor is taken the employee shall be suspended with pay. The Mayor Comment:By Wanda Ohare Deleted:shall approve every discharge. Purpose. The primary purpose of the disciplinary system is to correct improper behavior,not to impose penalties. The City expects its Department Heads and Supervisors to recognize situations where disciplinary measures are the most appropriate means to the end. Perspective. ischarge an ultimate mean to correct a problem,when all else has failed. An Comment•.By Rose Spears submitted employee,whose behavior or poor performance is due to lack of knowledge or experience,should to dna not changed by attorney receive training and assistance,not discipline. Comment:By Valerie Burd Deleted:It is helpful to view d First Violation. Counsel the employee and issue a verbal warning. The Department Head and/or Deleted:as upervisor shall notify the employee that he or she is receiving a formal warning. The Department Head comment•.By Rose Spears and/or upervisor shall place an informal memo in the employee's history file with the employee's Deleted:s knowledge. The Department Head and/or upervisor shall also inform employee of the contents of that Deleted:s memo. Deleted:s Second Violation. The Department Head and/or upervisor shall hold a meeting with the employee at Comment:By Rose Spears&Valerie which time the nature of the offense will be explained,and warned that any Burd repetition could lead to the suspension or discharge of the employee. The Department Head and/or Deleted:s upervisor shall offer help to the employee in solving the problem. A formal written warning shall be comment:By Rose Spears submitted issued concerning the prior incident. One copy shall be given to the employee and one shall be to and not changed by attorney placed in the employee's file. Deleted:s Comment:By Rose Spears Third Violation. The employee shall be suspended up to ( )days without pay upon approval by Deleted:ten the City Administrator . The employee Deleted:to shall be warned that a single further offense may be grounds for suspension up to thirty days or Comment:By Mayor-The change to discharge. Upon the third violation,the Mayor and City Council shall be notified. five days matches the Police&Fire Commission rules Fourth Violation. mployee shall be given suspension more than days up to thirty Deleted:The Mayor and City council shall approve any suspension days or discharged,observing the procedures in this manual for processing an involuntary termination. recommended by the City Administrator that is more than ten(10)day s without pay Deleted:E Deleted:three Comment:By Mayor-The change to five days matches the Police&Fire Commission rules 20 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 5.3 Grievance Procedure A grievance is defined as any expressed difference,dispute or controversy between an employee and the City,concerning the circumstances and conditions that concern the working relationship or work environment,however discipline and discharge procedures are not subject to review under the grievance procedure. If an employee has any complaint that cannot be handled orally by consultation with Comment:By Tony Graff&Traci may submit in writing within fifteen calendar days,his grievance to Plekham both the Department Head and the City Administrator for review by the City Administrator. When Deleted:his Department Head a decision regarding the resolution of the problem a letter or memo shall Deleted:he be sent back to the Department Head and to the employee within thirty days. In the event comment:By Tony Graff the employee is not satisfied with the resolution proposed by the City Administrator,the mployee may Deleted:is reached request within twenty-one days an independent review by the Mayor Deleted:E . Any action taken by the Mayor will be final.This Comment:By Tony Graff to provide grievance procedure does not include any employee who is covered by a collective bargaining consistency throughout the process agreement unless specifically specified within the agreement. Section 6 Payroll Administration,Hours of Work and Overtime Section 6.1 Regular Hours of Work Section 6.1.1 Workday hours and lunch breaks Comment:By Tony Graff(new be determined by language to address all city employees) Section 6.1.3 determines work Lunch breaks for shall be scheduled not to disrupt scheduleishhirts_ Deleted:Public Works Department Section 6.1.2 Public Works employee"On Call"status,duties,and payment maintenance employees normally begin their workday at 7.00 a inand end at 3 30 p.m.,Monday through Friday,unless Employees will be required for"On Call"duties to maintain the city public infrastructure.They shall be properly notified by Department Head Lunch breaks expected to check pumps and perform other such work as may be directed from time to time.The employee shall check the status of the wells,pumps,and lift stations approximately 7:00 a.m.and wells Deleted:are 15 hour(unpaid)and shall again at approximately 4:00 p.m.for which they shall receive a minimum of two hours pay at the Deleted:their Department Head overtime rate.Personnel so selected for"On Call"duty shall be available for emergencies unless other Comment: arrangements are made between employees.Any such arrangements made shall require notification to Deleted:the the Department Head. Deleted:City Offices Deleted: 'L one hour(unpaid)and Section 6.1. Work Schedule Deleted:office hours Comment:By Rose Spears The work week shall consist of forty(40)hours per week for all City non-exempt full time employees. Deleted:2 The Department Head shall determine the length of the shift and starting time providing City services. commentBy Rose Spears&Valerie Hurd Comment:By Tony Graff Deleted:the Section 6.2 Shift Changes Deleted: are not disrupted All employees shall normally be given fourteen (14)days notice of any changes in regular working Comment:By Tony Graff new language. hours,except in cases of emergency,or by mutual consent of employee and Department Head. 21 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 6.3 Payroll Administration All salaried,hourly,and part-time personnel shall be paid biweekly. Up to a one-week delay in payment may be in effect for regular and overtime hours. Further payroll and reimbursement policy details are as follows: a. Paychecks will be issued no later than 12:00 p.m.on payday. b. All full-time employees with health insurance coverage will have$1.00 withheld from the first paycheck of each month for their contribution to the health insurance costs. (Participating plan.)This fee is subject to change upon a review and approval by the City Council with a ninety(90)day notice to the employees that the City Council is reviewing a proposal to change plans or fee structure before approval. c. Insurance reimbursement checks shall be issued with all other vendor checks only after approval by City Council. d. Department Heads or their designee shall distribute payroll checks. Comment:By Wanda Ohare Deleted:No checks shall be distributed e. All dental and vision assistance request must be given to the Accounting Clerk by April 30 of to individuals. the current year except as stated in Section 8.3b Rollover DentaUVision Policy. f. All the above shall apply unless extraordinary circumstances prevent them from occurring. g. Hourly pay is defined as base pay plus all stipends. Section 6.4 Callback Pay All full time employees covered by this Personnel Policy who are called back to work after having left after a full scheduled work day shall receive a minimum of two(2)hours work at time and one half pay. A call back is defined as an assignment of work that does not immediately precede or follow an employee's regularly scheduled work hours. Department Heads do not receive overtime pay,but may take time earned,when the demands of the position allow them to do so,with the approval of the Mayor. Section 6.5 Overtime Scheduling Time worked in excess of the established regular workweek hours constitutes overtime work.Before performing any overtime work the employee must receive approval from their supervisor or Department Head. Section 6.6 Overtime Pay a. Overtime pay shall be considered that time worked more than normal scheduled Comment By Valerie Burd workday or forty(40)hours per week. Overtime pay shall be paid at the rate of one and Deleted:in one-half times the hourly rate,determined by dividing the annual salary by 2,080 hours. Deleted: their 22 __ 1 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 b. All full time,non-exempt employees will be compensated for all hours worked as described within their job description and duties as authorized,which means no employee shall work as an independent contractor or receive a stipend for hours worked except as authorized as an appointed position. Employees shall be duly compensated under the FLSA for hours worked;however employees may be subject to discipline for performing unauthorized work. Section 6.7 Compensation Time a. The City encourages the use of compensatory time,provided the net result is a saving of wage expenditures. b. Compensation time is earned at the rate of 11/2 hours for each Comment By Valerie Bard hour of overtime worked. c. All non-exempt,full-time employees(at their discretion and with their Department Head's approval),shall be allowed to take compensation time. This is in lieu of any overtime hours worked for which an employee waives overtime pay. An employee is allowed to use compensation time by the hour and/or day provided compensation time is earned and overtime is waived before requesting compensation time. Sworn full-time employees may take compensation time,as outlined in their police collective bargaining agreement. d. There is a cap of 240 hours of compensatory time that may be accrued for all non-exempt employees. The City reserves the right to require employees to use compensatory time or to"cash out"accrued hours except forty(40)hours at any time with a thirty(30)day written notice to their Department Head. e. Upon termination of employment,the employee will receive cash compensation for any accrued comp time remaining. f. The City will honor an employee's request to use comp time within a reasonable period of time following the proper request,so long as the use of the comp time will not"unduly disrupt"the City's operations. Section 6.8 Pay Adjustments a. Wages for all City employees shall be reviewed by April lst of each year. Any adjustments in pay shall be granted at this time,to be effective with the first payroll of the following fiscal year,(May 1). This is not meant to imply that raises shall automatically be granted. Wages and benefits,directly related to their respective departments,is an addendum to this Personnel Policy.This addendum may be updated from time to time to reflect City Council approved adjustments. b. A new employee hired within six(6)months before a wage increase may not be eligible for such wage increase until satisfactory completion of a six-month period of time. 23 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 6.9 Longevity Pay Longevity stipend will be made to all full-time exempt and non-exempt,non-bargaining employees based on the below schedule. This stipend is added to the annual salary for non-exempt employees and exempt employees will receive the stipend on the l st pay period of the employee's anniversary of date of hire. After 6 years,but less than 9 years $ 750 After 9 years,but less than 14 years $1000 After 14 years,but less than 20 years $1250 After 20 years,but less than 25 years $1500 After 25 years $2000 Section 7 Leave Time Section 7.1 Vacation Leave a. Employment anniversary dates shall govern the number vacation days allowed. Comment:By Rose Spears b. Full-time and eligible part-time employees are entitled to the following vacation time. First year employees shall not receive a vacation until the completion of one year of employment,unless otherwise approved by the Comment:POLICY QUESTION By Rose Spears(submitted to and not changed by the Labor Attorney) One(1)year through five(5)years-(80 hours) Deleted:CI TY Six(6)years through ten(10)years-(120 hours) Eleven(11)years or more-(160 hours) c. Employees earning eighty(80)or more hours vacation may take up to forty(40)hours vacation as pay,subject to the approval of the Department Head. d. Vacations are normally requested in forty(40)hour increments. All Comment:By Tony Graff to provide requests must be submitted at least fourteen(14)days in advance and approved by the consistency is the language Department Head.Any vacation request submitted for the calendar year by February 28th will be approved based on seniority and scheduling to provide services. Comment:By Tony Graff he employee has reserved his right to his Deleted:adequate however,all leaves are subject to review and/or cancellation for major emergenc or Comment:By Rose Spears extreme circumstances,which cause a personnel shortage. Deleted:Once the vacation request is approved t e. Provided the employee has made a reasonable effort to take vacation time,but such time Deleted:vacation leave. was denied due to scheduling problems,one week of unused vacation time may be Deleted:s carried over into the next year,or the employee shall receive pay for the unused vacation. Deleted: The Department Head shall make this decision. Comment:By Tony Graff moved to the front of the paragraph f. Upon termination of employment,the employee shall receive prorated accumulated Deleted:s vacation pay on the basis of 1/12 for each full month worked past the employee's Deleted:Eight(8)hours of vacation time may be taken in single days wills the approval of the Department Head. 24 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 appointment date,based upon the employee's vacation time determined by length of employment. Section 7.2 Holiday Leave a. Holiday pay shall be paid to all full-time employees. b. All employees shall receive their normal rate of pay with the day off. This is not intended to imply they shall receive any additional pay,but only the pay they would have received had they worked the day as a normal workday. c. All sworn,non-exempt,full-time employees'Holiday Pay will be covered as outlined in the police collective bargaining agreement. d. Public Works employees called in to work on a holiday shall receive double pay for the number of hours worked. This means that an Employee shall receive his holiday pay, plus double time pay for hours worked. e. The following twelve(12)holidays shall be observed: New Years Day Martin Luther King,Jr.'s Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day f. Besides the twelve(12)holidays listed,all employees shall receive two(2)floating holidays,which cannot be accumulated if not taken. Department Head's approval must be obtained before taking the floating holidays. Section 7.3 Sick Leave Section 7.3.1 Purpose,Allowance,and Accumulation. Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time to time and that their financial resources may be diminished in such instances if pay is discontinued,and that it may not be in the best interest or health of the employee or fellow employees to work while sick. An employee who is unable to work by reason of a non-duty related illness,injury,or disability as contained herein may take sick leave. Employees shall accrue eight(8)sick leave hours per month to a maximum accrual of 960 hours. 25 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 7.3.2 Medical Verification. The City may,at its discretion,require an employee to submit a physician's verification of illness or other conclusive evidence of illness,and such verification normally will be required for illnesses requiring the use of more than twenty-four(24)hours of sick leave. Section 7.3.3 Sick Leave Utilization. Sick leave may be utilized only for the purposes as stated in the first paragraph of this section. Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate of pay. Employees will use accrued sick leave in reverse accrual order. Thus,when an employee uses a sick leave hour,the last sick leave hour earned is removed from his accumulated sick leave. Abuse of sick leave shall be considered grounds for disciplinary action. Absent employees who have exhausted their accumulated sick leave shall not be compensated for further absences unless approved by the City Council. Section 7.3.4 Unused Sick Leave. On May 15 of each year,an employee who has used less than the sick leave he has accumulated in the immediately preceding fiscal year(May 1 through April 30)will be asked if he wishes to sell back the accrued sick leave earned in that fiscal year at a rate equivalent to fifty(50%)percent of his regular rate of pay as determined on April 30`I'for each sick hour sold back. The number of sick leave hours for which an employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees electing to sell back their sick leave will be paid to them by June 15th. An employee who is eligible upon separation to collect a retirement pension under IMRF or the Police Pension Fund,who leaves the City's employment[through retirement,a reduction in force,or voluntary resignation]and has been employed by the City for more than ten(10)years shall be paid for all unused sick leave at fifty(50%)of his regular rate of pay for all accumulated and unused sick leave up to 960 hours. Section 7.4 Reporting of Absences All Department Heads shall keep an accurate account of any absences Comment:By Valerie Burd to work regularly and on time is one of the employee's prime responsibilities. Deleted: taken by their employees Failure to be on the job when scheduled reduces the efficiency of the City. Illness should be reported to Comment:By Tony Graff the employee's supervisor one(1)hour before the start of the . Failure to Deleted:Getting secure proper permission for the use of personal days and/or sick hours or to report illness on time may Comment:By Tony Graff result in full loss of pay for the hours involved Deleted: workday Section 7.5 Duty-Related Illness or Leave Comment:By Tons Graff a question for Attorney Smith In the event of a work-related accident or death that occurs while on the job,all employees are eligible for worker's compensation as provided by law. Employees covered by a collective bargaining agreement should consult the relevant agreement for additional information. The Department Head may consider a light duty program for any employee who has a medical release to return to limited duty. 26 r United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 7.6 Emergency and Bereavement Leave Time away from the job due to emergencies will be granted at the discretion of the Department Head. The Department Head shall make the decision whether non-exempt employees shall receive paid or unpaid time off,or shall be required to make up missed time. Exempt or Supervisory employees shall be permitted to take emergency leave at the discretion of the Mayor or his/her designee,and where the need for leave is a day or more,the City may,at its discretion,designate such leave as unpaid leave time. Emergency time off for bereavement will only be allowed in the case of death of an immediate family member,(mother,father,brother,sister,child,spouse,mother-in-law,father-in-law),or in special cases as approved by Department Head. These days are separate from floating holidays and sick hours. Section 7.7 Military Leave The City will provide for leaves for uniformed or military service in accordance with the requirements of state and federal laws. If need to take leave for uniformed or military service, Comment:By Valerie Burd should submit a copy of your orders along with your request for leave as soon as become aware of Deleted:you the need for leave. Please contact City Administrator for further details about uniformed or Deleted:you military leave rights. Deleted:you Deleted:your These provisions apply to all Illinois employers,including public employers.Furthermore,employees who are members of the reservists—either in the U.S.Armed Services or in the Illinois National Guard —are entitled to the following benefits(under Illinois Law)when mobilized to active military duty by presidential order: • Continuing compensation(minus the amount of the employee's base pay for military service)for the entire period of active military service;and • Continuing health insurance and other benefits the employee was receiving or accruing at the time the employee entered military service. Section 7.8 Jury Duty Leave Employees shall be granted leave with pay when required to be absent from work for jury duty. Employees are expected to contact their supervisor and report to work when they are excused from jury service,temporarily or finally. Any payment received jury duty shall be Comment By Valerie Burd given to the City Deleted:from Deleted: in lieu of receiving leave with Section 7.9 Unpaid Discretionary Leave pay Employees may obtain a leave of absence. Comment By Tony Graff for . Such leave shall be unpaid and shall not be used to gain clarification on who grants this leave employment elsewhere. Deleted:Discretion Deleted:is of the City Council 27 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 7.10 Family and Medical Leave Section 7.10.1 General Statement It is the policy of the United City of Yorkville(the"City)to provide up to twelve(12)weeks of unpaid family and medical leave during a 12-month period to eligible employees in accordance with the Family and Medical Leave Act of 1993("FMLA"). The 12-month period is measured using a rolling backward year. Section 7.10.2 Eligibility In order to qualify to take family and medical leave under this policy,an employee must have worked for the city for at least twelve(12)months and at least 1,250 hours during the twelve(12)month period immediately before the date when the leave would begin. Section 7.10.3 Reasons for Leave a. A leave may be requested for any of the following reasons: (1)Child Care. To care for a child born to or placed for adoption or foster care with an employee;(2)Family Medical. To care for a spouse,child,or parent("covered family member")with a serious health condition;or(3)Employee Medical. Because of own serious health Comment:By Valerie Burd condition which renders unable to perform the functions of position. Deleted:your Child Care Leave must be completed within the twelve(12)month period beginning on Deleted:you the date of birth or placement. In addition,spouses employed by the City who request Deleted:your Child Care Leave or leave to care for an ill parent may only take combined aggregate total of twelve(12)weeks during any 12-month period. b. Employees will not be granted an FMLA leave to gain employment or work elsewhere, including self-employment. Employees who misrepresent facts in order to be granted an FMLA leave will be subject to immediate termination. Section 7.10.4 Leave is Unpaid a. FMLA leave is unpaid leave. If request Child Care or Family Medical Comment:By Valerie Burd Leave,any accrued paid vacation and personal time must first be substituted and used for Deleted:you unpaid FMLA leave. If request Employee Medical Leave,any accrued Deleted,you paid vacation,personal and applicable sick leave(in that order)must first be substituted and used for any unpaid FMLA leave. The substitution of paid leave time for unpaid leave time or use of short-term disability does not exten the 12-week leave period. Comment:By Traci Pleckhan, Employee Medical Leave will also run concurrently with leave taken under the City's Deleted:t disability leave policy and workers'compensation leave,if taken for an FMLA qualifying serious health condition. b. If an employee takes vacation time/sick leave using salary continuation for a condition that constitutes or progresses into a serious health condition,the City may designate all or some portion of such leave as under this policy,to the extent that the paid leave meets the necessary qualifications. 28 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 7.10.5 Notice of Leave If need for FMLA leave is foreseeable, must give the City at least thirty Comment:By Valerie Burd (30)days prior written notice. Failure to provide such notice may be grounds for delay of leave. Where Deleted:your the need for leave is not foreseeable, expected to notify the City as soon as practicable, Deleted:you generally within one to two business days of learning of need for leave. A request must Deleted:yo be made in writing on the City's forms(Appendix K),available in personnel. Deleted:u are Section 7.10.6 Medical Certification Deleted:your If requesting Employee Medical or Family Medical Leave and the relevant Comment:By Valerie Burd health care provider must supply appropriate medical certification. The City will supply Deleted:you with medical certification forms. The medical certification must be provided within fifteen(15)days Deleted:are after it is requested,or as soon as reasonable under the circumstances. Failure to provide requested Deleted:you medical certification in a timely manner may result in denial of leave until it is provided. In its Deleted:you discretion and at its own expense,the City may require a second medical opinion,and if the first and second opinions differ,a third medical opinion. The third opinion will be provided by a health care provider approved jointly by the employee and the City and will be binding. The City may also require recertification periodically during a leave,and employees will be required to present a fitness-for-duty certificate upon return to work following an employee medical leave. Section 7.10.7 Medical and Other Benefits a. During an FMLA leave,the City will maintain the employee's health benefits on the same conditions as if the employee had continued working. If paid leave is substituted for unpaid FMLA leave,the City will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the FMLA leave is unpaid,the employee must make arrangements with the City to pay his/her portion of the premium. Group health care coverage will cease if the employee's premium payment is more than thirty(30)days late,but the employee will be notified at least fifteen(15)days before coverage lapses. Additionally,if the employee fails to return from leave,the City will require repayment of any premium that was paid for maintaining the health coverage for the employee, unless the employee does not return because of a continuing or recurring serious health condition of either the employee or a covered member,or because of other circumstances beyond the employee's control. Employees are not entitled to other benefits or seniority accrual during the FMLA leave. b. Any changes in benefit plan provisions and costs may apply to individuals on FMLA leave the same as if they were actively employed,according to the terms of the applicable plan. Section 7.10.8 Returning from Leave a. Employees who return to work from FMLA within or on the business day following expiration of the twelve(12)weeks are entitled to return to his or her same position or to an equivalent position with equal benefits,pay or other terms and conditions of employment. The City may choose to exempt certain highly compensated("key") employees from this requirement and not return them to the same or similar position. 29 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 b. If you take an Employee Medical Leave,you will be required to provide medical certification that you are fit to resume work. Employees failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. Section 7.10.9 Reporting While on Leave The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Section 7.10.10 Intermittent and Reduced Schedule Leave FMLA leave because of a serious health condition may be taken intermittently(in separate blocks of time due to a single covered health condition)or on a reduced work schedule(reducing the usual number of hours work per work week or workday)if medically necessary. If FMLA leave comment.By Tony Graff is unpaid,the City will reduce salary based on the amount of time actually worked. In Deleted:you addition,while on intermittent or reduced schedule FMLA leave,the city may Deleted:your temporarily transfer to an available alternative position that better accommodates Deleted:you recurring leave and which has equivalent pay and benefits. Deleted: are Section 7.10.11 Policy Administration Deleted:you Deleted:your This policy is intended to comply with and will be administered in accordance with the Family and Medical Leave Act of 1993 and any applicable regulations,definitions and law there under,as well as any state family or medical leave laws granting additional rights that are applicable to employees employed in Illinois. Section 7.10.12 Interrelation of Leaves Any leave taken pursuant to this policy,other City policies,a collective bargaining agreement,or law which qualifies as leave under the FMLA or any applicable state family or medical leave act,will be counted against the employee's available leave under the applicable City policies,collective bargaining, and/or law,as well as the available leave under the FMLA or applicable state law,to the extent permitted by such applicable law. Section 7.11 Benefits While on Leave a. Time spent on extended unpaid leaves of absence may not be counted as creditable service for pension purposes. Further,if an employee goes on an approved,unpaid leave of absence for a period in excess of thirty(30)calendar days and wishes to continue to be covered by the City's health or life insurance,he or she will be responsible for payment of the total monthly insurance premiums unless otherwise provided by law. b. It is the policy of the City NOT to request the City Council to grant IMRF Pension Credit and Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary leave of absence. 30 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 c. Upon return,the City will place the employee in his or her previous assignment,if vacant,the employee will be placed in the first available assignment according to the employee's seniority,where skill and ability to perform the work without additional training is equal.If,upon the expiration of a leave of absence,there is no work available for the employee or if the employee could have been laid off according to his seniority except for his leave,he shall go directly on layoff. d. Employees will maintain their employment status and previously accrued benefits while on approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during the time they are on approved paid leave from City service. e. Comment:By Wanda Ohare,Valerie Burd&Rose Spears(Per Labor Attorney's letter 9-27-02) Section 8 Employee Benefits Comment:By Wanda Ohare Section 8.1 Health and Life Insurance Coverage a. All full-time and eligible part-time employees are covered under the City's health insurance plan. There may be a waiting period before new employees are eligible for coverage. After completion of the waiting period,insurance shall begin on the first day eligible as determined by the health insurance policy then in effect. The City agrees to pay the premium thereafter for employees and their dependents,except for$1/month participation by the employee and the City reserves the right to change the monthly participation fee. The City will make every effort to provide employees with a ninety (90)day written notice of any proposed change. b. The City shall provide life insurance for full-time and eligible part-time employees,in the amount of$50,000. Spouses will be insured at$5,000 and dependents at$2,000. c. Summary plan descriptions(SPD's),which explain coverage of your health and life insurance benefits in greater detail are available from the Accounting Clerk. The actual plan documents,which are available by making a written request to the Accounting Clerk,are the final authority in all matters relating to the benefits described in this Manual or in the summary plan description and will govern in the event of any conflict. Additionally,the City reserves the right to change insurance carriers,change health maintenance organizations,self-insure,and/or change or eliminate any benefits at any time with a ninety(90)day notice,when practical in accordance with applicable law. 31 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Section 8.2 Pension Participation Section 8.2.1 Eligibility All employees who work 1,000 hours or more per calendar year are covered by the Illinois Municipal Retirement Fund(I.M.R.F.)pension to which the City and employees shall contribute. Section 8.2.2 Military Service Credit(Appendix L) All employees who were in active participating status under IMRF on the date of June 14,2001 shall be allowed service credit to employees who served in the armed forces of the United States for up to two (2)years of service,prior to their participation in the Illinois Municipal Retirement Fund Section 8.3 Vision and Dental Assistance Employees and dependents shall receive the following vision and dental assistance in total. The amounts listed below may be increased from time to time by resolution. Please check current records. Employee $300 per year Dependents $250 per year per dependent Note: An employee may opt to utilize an eligible coverage for himself or herself and/or his or her dependents,for one or more individuals of his family. a. Bills must be paid by employee,and the employee will be reimbursed. Reimbursement requests must be submitted to the Department Head for approval. b. Employees may rollover remainder dental/vision funds for a time span of three(3)fiscal years to allow them to use the benefits cumulatively.(Appendix M) The maximum dollar amount an employee may keep accumulated is$3000. Section 8.4 Continuation of Medical Coverage An employee,who would otherwise lose group health insurance coverage because of a reduction in working hours or the termination of employment for reasons other than gross misconduct,is eligible to continue under the City's plan up to 18 months or for such other period time prescribed by law. The City will notify an employee of the time period for which continuation coverage may be provided. If an employee elects to continue coverage,he or she will be responsible for payment of the full premium, which amount may change from time to time. Section 8.5 Uniform Allowance The ity shall provide uniforms for all full-time and eligible part-time employees,required to wear Deleted: uniforms. Replacement shall be provided,as authorized by the Department Head. The specifics of uniform style shall be defined in Departmental Policy and approved by the City Council. Section 8.6 Education and Training 32 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 a. The City shall pay all expenses including wages at"regular"pay,travel,and training fees for any full-time or approved part-time employees enrolling in"required"training courses. b. All requests by an employee for the enrollment to a college degree or certificate program must be submitted by the Department Head to the Mayor and City Council for approval. Then all courses related to the program shall be eligible for payment subject to budget approval.This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval.Furthermore,the employee shall provide a grade or transcript to the Department Head upon the completion of each course.Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. c. The City may pay all expenses of an elective course. An elective course is one that may benefit the City by added knowledge,but is not directly related to City operations. d. The tuition and fees only(no books or materials)of an elective or required course will be paid through direct billing from the appropriate school he employee will sign the Comment:By Valerie Burd payroll deduction form prior to the enrollment of the course stipulating to the following Deleted: and t provisions a grade of a C-average or better is attained upon the completion comment By Rose Spears&Valerie of the course the class will be considered complete and paid for by the City. If less than a Burd C-average is attained,the employee will be required to pay back 100%of the tuition and Deleted: fees to the City through a payroll deduction as stipulated within the payroll deduction Deleted: It sign off form or direct payment to the City. e. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form(Appendix N)for all employees who attend training outside the Chicago Metropolitan area. f. If arrangements can be made with company or institutions that are more advantageous to the City,efforts will be made to benefit from those arrangements. Employees taking off- shift classes that are required shall be paid at their regular rate of pay,including mileage. g. When seminars deemed in the best interest of the City by the Department Head and the appropriate ommittee,only ommittee approval is needed to send an Comment:By Rose Spears submitted employee to the seminar and pay expenses incurred. However,if the seminar or to and not changed by labor attorney& Valerie Burd conference is stated within the narrative of the budget this constitutes approval. Deleted: In addition,all out-of-state travel for meetings/seminars/training/conferences that have De1eted: numerous locations the Department Head must select the most cost effective destination. ny request that is not included within the narrative of the budget the Department Comment By Rose Spears submitted Head must receive approval by the Mayor and the ppropriate Committee_ to and not changed by labor attorney Deleted:A h. Educational stipends will be paid for education in their related field over that required for Deleted:A entry level of that position as follows for all full-time non-bargaining employees: Associate Degree or 60 Credit Hours 2% Bachelor's Degree 2% 33 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 Master's Degree 2% This stipend is applicable only to one(1)degree beyond that necessary for entry level of that position except that all are eligible to earn up to the Bachelor Degree level as outlined above(one-time annual salary adjustment.) Section 8.7 Travel Expenses Meals and Lodging. Employee's lodging and meal expenses shall be covered as a maximum reimbursement per diem while traveling on City Business. A Department Head will submit a per diem request prior to the event with his/her signature to the Accounting Clerk for bill list issuance of a check of the receipts may be submitted after the event for reimbursement of the actual amount spent up to a maximum of$40 per day for meals. Per Diem will not be paid for a meal included with the price of registration of the event. The$40.00 per day allowance for meals will be broken down as follows: $10.00 for breakfast,$10.00 for lunch,and$20.00 for dinner. Lodging will be set at a standard/Government/conference rate not to exceed$150.00 per night and prior approval from the Department Head must be obtained for any and all increases to this amount for lodging. The Meals, Mileage and Lodging form must be submitted,but if the amounts are greater than the above,receipts must accompany the form and have the Department approval. Deleted:Head'S Section 8.8 Internal Revenue 457 Deferred Compensation Plan(Appendix 0) The City offers for all full time employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan,which creates the opportunity for financial benefits and favorable tax treatment on the part of its employees. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. Section 8.9 Employee Credit Union(Appendix P) The City offers for all employees to participate and become members of the Aurora Earthmovers Credit Union. The City will assist in any necessary or required deductions and payments to the Aurora Earthmovers Credit Union for any of the employees who become members. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. 34 United City of Yorkville Employee Manual Final 01-23-04 Revisions from COW 1-20-04 APPENDICES A. Employee Manual Acknowledgement Form B. Board of Fire and Police Commissioners—Ordinance#2001-40 C. Employment Background Check Wavier and Release of All Claims Form D. Equal Employment Policy—Resolution# 1993-18 E. Employee Assistance Program Resolution#1996-10 F. Drug Free Workplace Policy—Resolution# 1993-17 G. State Gift Ban Act—Ordinance#1999-12 H. Safety Policy Resolution#1997-08 I. Vehicle Policy-Approved 12/8/00 J. E-Mail,Voice mail,Computer and Office Equipment Acknowledgement Form K. Family Medical Leave Act Leave Request Form L. Illinois Municipal Retirement Fund Service Credit for Military Service-Resolution#2001-31 M. Accrual of Dental and Vision Benefits—Resolution#2001-23 N. Off-Premise Training Hours Worked Agreement O. Internal Revenue Code 457 Deferred Compensation Plan for Employees—Resolution#1994-16 P. Credit Union—Resolution#1996-02 Listing of Appendices United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers TABLE OF CONTENTS Section 1 Introduction 1.1 Purpose and Disclaimer(Appendix A) 1.2 Applicability 1.3 City Organization and Administration of the Personnel Program 1.3.1 City Council 1.3.2 Mayor 1.3.3 Department Heads 1.3.4 Fire and Police Commissioners(Appendix B) 1.4 Definition of Employee 1.4.1 Department Heads 1.4.2 Supervisory 1.4.3 Full-Time 1.4.4 Part-Time 1.4.5 Temporary 1.4.6 Exempt Salaried Employee 1.4.7 Non-exempt Employees 1.5 Conflict with Other Regulations or Manuals Section 2 Personnel Program and Employment Status 2.1 Recruitment,Application and Selection 2.1.1 Recruitment 2.1.2 Application 2.1.3 Selection (Appendix C) 2.2 Personnel Records 2.2.1 Maintenance of records 2.2.2 Confidentiality 2.2.3 Standardized records 2.2.4 Finance Director notification process 2.3 Probationary Period 2.4 Layoff Section 3 Employee Conduct 3.1 Equal Employment Opportunity(Appendix D) 3.2 Anti-Harassment Policy(Appendix E—Employee Assistance Program) 3.3 Drug-Free Workplace Policy 3.3.1 Workplace Policy(Appendix F) United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers 3.3.2 Definition and descriptions 3.3.3 Ability to perform 3.3.4 Education and referral program 3.3.5 Employment condition 3.3.6 Disciplinary action 3.4 Drug Testing 3.5 No Solicitation 3.6 Employee Performance Evaluation 3.7 Outside Employment conditions 3.8 Gifts and Gratuities(Appendix G) 3.9 Political Activity 3.10 Workplace Inspections 3.10.1 Administrative Inspections 3.10.2 Criminal Inspections/Searches 3.11 On-the-Job Safety/Reporting of Accidents(Appendix H) 3.12 Threats, Violence and Weapons 3.12.1 Workplace Violence Policy 3.12.2 Prohibited Conduct 3.12.3 Reporting Procedures 3.12.4 Investigation and Responsive Action 3.12.5 No Retaliation 3.13 No Smoking or Tobacco Product use 3.14 Nepotism 3.14.1 Spouse/Relative of Department Heads/Elected Officials 3.14.2 Relatives of All Employees Section 4 Use of City Equipment 4.1 Authorization to Use Equipment 4.2 Use of City Vehicles (Appendix I) 4.3 Use of Personal Vehicles for City Business 4.4 Computer and Telephone Communications Systems(Appendix J) 4.5 E-Mail Policy 4.5.1 E-Mail system usage 4.5.2 hnspection/Search procedure 4.5.3 Prohibit use pertaining to other City Policies 4.5.4 Confidentiality of personnel records/memo's 4.5.5 Unauthorized access ii United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers 4.6 Personal Use of Telephones Section 5 Disciplinary Action 5.1 Reasons for Discipline 5.2 Discipline Procedure 5.2.1 Remediation 5.2.2 Disciplinary Procedure 5.3 Grievance Procedure Section 6 Payroll Administration,Hours of Work and Overtime 6.1 Regular Hours of Work 6.1.1 Workday hours and lunch breaks 6.1.2 Public Works Employee"On-Call"Status,Duties,and Payment 6.1.3 Work Schedule 6.2 Shift Changes 6.3 Payroll Administration 6.4 Call-Back Pay 6.5 Overtime Scheduling 6.6 Overtime Pay 6.7 Compensation Time 6.8 Pay Adjustments 6.9 Longevity Pay Section 7 Leave Time 7.1 Vacation Leave 7.2 Holiday Leave 7.3 Sick Leave 7.3.1 Purpose,Allowance, and Accumulation 7.3.2 Medical Verification 7.3.3 Sick Leave Utilization 7.3.4 Unused Sick Leave 7.4 Reporting of Absences 7.5 Duty-Related Injury or Illness Leave 7.6 Emergency&Bereavement Leave 7.7 Military Leave 7.8 Jury Duty Leave 7.9 Unpaid Discretionary Leave 7.10 Family and Medical Leave iii United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers 7.10.1 General Statement 7.10.2 Eligibility 7.10.3 Reasons for Leave 7.10.4 Leave is Unpaid 7.10.5 Notice of Leave(Appendix K) 7.10.6 Medical Certification 7.10.7 Medical and Other Benefits 7.10.8 Reporting from Leave 7.10.9 Reporting While on Leave 7.10.10 Intermittent and Reduced Schedule Leave 7.10.11 Policy Administration 7.10.12 Interrelation of Leaves 7.11 Benefits while on Leave Section 8 Employee Benefits 8.1 Health and Life Insurance Coverage 8.2 Pension Participation 8.2.1 Eligibility 8.2.2 Military Service Credit(Appendix L) 8.3 Vision and Dental Assistance(Appendix M) 8.4 Continuation of Medical Coverage 8.5 Uniform Allowance 8.6 Education and Training(Appendix N) 8.7 Travel Expenses 8.8 457 Deferred Compensation Plan(Appendix 0) 8.9 Employee Credit Union (Appendix P) iv United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 1 Introduction Section 1.1 Purpose and Disclaimer This Manual describes the current personnel policies that apply to all employees as a member of the United City of Yorkville("City")workforce. This Manual is designed only to introduce employee to the City and to serve as a guide to present City policies,practices and procedures. The City has the right to modify,amend,or withdraw any or all of the policies or procedures described in this Manual at any time.All employees shall sign an employee acknowledgment form upon receiving this employee manual.(Appendix A) Although the City hopes that all employees will enjoy a long and mutually beneficial career with the City,there is no guarantee of future employment or employment under any specific conditions. This Manual is not an employment contract of any kind,and it does not create any rights in the nature of employment contract,regardless of whether it has been distributed to new or existing employees, nor does it provide any due process rights in the event of discipline or discharge. Nothing shall restrict an employee's right to terminate their employment at any time with or without notice or cause,and nothing shall restrict the right of the City to terminate their employment at any time with or without notice or cause. No representative of the City,other than the Mayor with City Council approval, has any authority to enter into any employment contract of any kind. Any contract or promise of employment must be in writing and must be signed by the Mayor and approved by the City Council. Section 1.2 Applicability Unless otherwise noted,these personnel policies apply to all employees of the United City of Yorkville government except that these policies do not apply to the following: a. Elected Officials b. Persons employed to make or conduct a temporary and special inquiry, investigation or examination on behalf of the Mayor or City Council c. Volunteer or appointed personnel who receive no regular compensation from the City Unless otherwise specifically stated, none of the benefits referenced in this Manual apply to part-time employees. Unless otherwise provided for in a written contract of employment, Department Heads or other supervisory employees are subject to this Manual. If employees are a Department Head,where provisions discuss an employee's relationship with his Department Head,they may assume that the Mayor has that relationship vis-a-vis themselves. If an employee has a direct relationship with the Mayor as their immediate supervisor,such as: the City Administrator,Chief of Police,or Park and Recreation Executive Director where provisions discuss an employee's relationship with his Department Head,the employee may assume the Mayor has that relationship vis-a-vis themselves. If they have any questions regarding how this Manual applies to them because of their position with the City,contact their immediate supervisor. 1 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 1.3 City Organization and Administration of the Personnel Program 1.3.1 City Council The City Council of the United City of Yorkville shall exercise control over personnel through the adoption of the City's Annual Budget,Pay Plan,confirmation of the Mayor's appointment,or by the adoption of ordinances and resolutions as deemed necessary by the Council. (The Mayor may seek advisory input from the City Council in connection with annual performance evaluations for Department Heads who have a direct relationship with the Mayor as their immediate supervisor, such as: the City Administrator,the Police Chief and the Executive Director of Parks and Recreation.) 1.3.2 Mayor The Mayor shall be responsible for ensuring the effective administration of the policies and procedures and may delegate such functions as deemed necessary for the implementation of this system.The Mayor shall perform the performance evaluations and will seek input from the City Council for the City Administrator,Chief of Police and Executive Director for Parks and Recreation Department. 1.3.3 Department Heads 1. The Department Heads shall be responsible for directing and coordinating personnel activities of the City on a day-to-day basis. 2. Department Heads shall establish such rules as deemed necessary to the efficient and orderly administration of their respective departments. 3. Department Heads shall evaluate their employees annually by February 15 of each year, and from time to time as needed,submitting their reports to their immediate supervisor by March Is'. Evaluations shall be made on standardized forms as provided by the City, and shall provide a comprehensive review of the quality of work performed by the employee. Both Department Head and Employee shall sign evaluations. 4. Department Heads shall prepare a tentative budget before the end of each fiscal year. It shall be presented to the Finance Director. The Finance Director will prepare the budget to be presented to the Mayor.The Mayor will present the budget to the City Council for approval. 5. Departments Heads shall prepare Job Descriptions and recommend the selection and hiring of all personnel to their appropriate committees when such job openings are deemed necessary and subject to adoption by the Mayor. 6. Department Heads shall submit for approval any promotion,demotion,and discharge of all personnel in their respective department, with the Mayor having authority for final dispensation of all employees.However,the Mayor may seek input and advice from the City Council before making his final decision. 2 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers 7. Department Heads shall supervise,develop and maintain the personnel system including written forms,procedures,and records.Furthermore,whenever there is a request for a policy change or recommendation,the Department Head shall present the request to the Mayor.Upon review the Mayor may present the request to the City Council. 8. Department Heads shall administer the personnel policies and procedures including the performance evaluation and the employee grievance procedures. 9. Department Heads shall perform any other lawful acts that are considered necessary or desirable to carry out the purpose of the personnel system and the provisions outlined in this manual,or as directed by the Mayor and City Council. Section 1.3.4 Fire and Police Commissioners(Appendix B) The Board of Fire and Police Commissioners performs the function of a civil service commission for all sworn police officers. The board hires, fires, promotes and disciplines all members of the police department,except the Police Chief,who is appointed by the Mayor with the advice and consent of the City Council and will not be hired or disciplined by the Board. Section 1.4 Definition of Employee Section 1.4.1 Department Heads Department Heads are salaried on an annual basis,regardless of number of hours worked over 40 hours per week. Department Heads do not receive overtime pay. However, if it is necessary for them to work over the forty-hour week,they may(work requirements allowing),take time off for personal reasons. This benefit is not to be abused. The Department Head shall notify their immediate supervisor of such time off and maintain a record to be made available to the Mayor and City Council upon request Furthermore,any Department Head and/or exempt employee will be required to seek approval from their immediate supervisor for any time off request for one day or more. Section 1.4.2 Supervisory Supervisory personnel are defined as members of the management group. Supervisory personnel direct the daily work activities of unit or shift of employees. Employees shall convey late report times, illness, or other absence, and make requests for authorized leave to the Supervisory personnel. Section 1.4.3 Non-Exempt Full-Time Full-time non-exempt employees are paid on an hourly basis. All full-time non-exempt employees are expected to work 40 hours per week, unless authorized leave is approved by the Department Head or indicated within their job description upon approval by the Mayor and City Council. Section 1.4.4 Part-Time An employee who is employed regularly for less than the normal number of hours is considered part- time. These employees receive straight time for all hours,(less than forty hours in one week), are 3 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers ineligible for benefit packages listed in this manual,and may not work more than 1,000 hours per year. Any exceptions to the definition of part time employee must have Mayor and City Council approval. Section 1.4.5 Temporary Temporary employees are generally those persons employed to fill a position for less than six(6) months duration. There is no guarantee of reinstatement for the same period during the following calendar year. Temporary employees are not entitled to sick leave. Temporary employees are not entitled to vacation or other similar benefits enjoyed by full-time employees. Temporary employees are hired by the Department Head,with concurrence of the Mayor and City Council. Section 1.4.6 Exempt Salaried Employee An employee paid on a salary basis that works in an executive,administrative or professional capacity determined by the City to be exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). Exempt salaried employees are not entitled to overtime under the FLSA. Notwithstanding any provisions of this Manual,the discipline of such employees shall be in accordance with FLSA regulations regarding exempt salaried employees. Section 1.4.7 Non-exempt Employees An employee who is either paid by the hour or on a salary basis and is not in a position determined by the City to be exempt from overtime under the Fair Labor Standards Act. Such employees are eligible for overtime pay. Section 1.5 Conflicts with Other Regulations or Manuals In the event there is a conflict between the policies contained in this Manual and a collective bargaining agreement, a current written individual employment agreement,or applicable rules and regulations of the Board of Fire and Police Commissioners or the Yorkville Public Library,the terms of the agreement or applicable rules and regulations shall apply. No one other than the Mayor,with the advice and consent of the City Council, has the authority to enter into a contract contrary to the terms of this Manual. Section 2 Personnel Program and Employment Status Section 2.1 Recruitment,Application,and Selection Section 2.1.1 Recruitment It is the policy of the United City of Yorkville to afford equal employment opportunity in all personnel practices to all qualified individuals without regard to race, color, religion,sex,age, national origin, physical or mental disability, ancestry, martial status,or veteran status(except those dishonorably discharged), all in accordance with applicable law. 4 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 2.1.2 Application Appointment and promotion to the positions in the City will be based upon merit and fitness. Selection methods will be based wholly on the job related references,aptitude,and adaptability. Section 2.1.3 Selection Regardless of the number of applicants, selection methods shall be deemed competitive when the qualifications required are based upon education,experience and personnel standards established for the position. In such instances,a reasonable opportunity shall be afforded for qualified persons to apply, and the following procedures will apply to the recruitment of all personnel: a. When any non-exempt job vacancy occurs that has been approved by the Mayor and City Council,the Department Head shall post the job announcement,internally and externally,stating the title,salary range,job description,manner of application,and closing date for application. b. After reviewing applicant qualifications,and/or holding personal interviews,the Department Head shall conduct a background check(Appendix C)before making the conditional offer of employment to the applicant deemed best suited for employment with the City. The Department Head may conduct any other required pre-employment screening after the conditional offer of employment has been made to the applicant, such as: medical and/or psychological test.The Department Head shall hire only applicants who have passed all pre-employment testing.The Department Head will notify the comment:Attorney Rogers Finance Director of the hiring and copy the City Administrator. c. While current full-time City employees are encouraged to apply for appointment to positions for which they are qualified,the City reserves the right to hire external or internal applicants for any or all vacant positions. Accordingly, position announcements may be posted internally and/or advertised before a position is filled. d. An employee of the City may request,or be requested,to transfer to another position within the City. Section 2.2 Personnel Records Section 2.2.1 Maintenance of records Department Heads shall maintain personnel records of each employee containing the employee's name, title, department,starting date,salary,change in employment status,training received,disciplinary actions,or other such information as may be considered pertinent. Section 2.2.2 Confidentiality All employee records shall be considered"CONFIDENTIAL" and shall not be released to outside parties except where consistent with the Illinois Personnel Record Review Act,820 ILCS 40/01.01 et. seq.,or as authorized by the individual employee. 5 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 2.2.3 Standardized forms Personnel evaluation,absenteeism,grievances, and other job performance records shall be standardized, and will apply to all City personnel. Section 2.2.4 Notification process to Finance Director With the promotion,demotion,or termination of employment of any employee,the appropriate Department Head must file a written notice and said action with the Finance Director. Section 2.3 Probationary Period A formalized twelve-month evaluation and probationary period are in effect at the time of appointment for all employees. The evaluation periods are to be treated as an integral part of the selection process. Serious evaluation shall be made as to the employee's work record,attendance,compatibility, and any other aspect of job performance deemed necessary to insure the highest level of performance.The Department Head shall furnish an evaluation report to their immediate supervisor. The existence and/or completion of the evaluation and probationary period do not imply that the employee has a contractual right to continued employment with the City. Section 2.4 Reduction in Work Force It may become necessary to require an employee's involuntary separation from City service without pay, due to lack of work or funds. The required number of employees may be laid off in the order of their relative length and quality of service. However, careful consideration shall be given to maintaining a work force reflecting the needs of the community. The City expressly reserves the right to make layoffs in any order. Employees shall be notified by certified mail at least ninety(90)days before their separation. Reasons for selecting the employees to be separated shall be documented and maintained on file to support action taken. In the event of a layoff,employees laid off shall be placed on a preferential hiring list for a period of no less than two(2)years. Re-hiring shall be in reverse order of separation, providing that the employee laid off has the skills and ability for the job to be filled. No employee may be reduced in rank,pay, or title for any reason other than disciplinary reasons. Reduction of rank,pay, or title requires 2/3 vote of the City Council for all employees. Section 3 Employee Conduct Section 3.1 Equal Employment Policy The United City of Yorkville has adopted an Equal Employment Policy as described in Resolution 93- 18 (10-25-1993)(Appendix D). It reads as follows with modified changes to be currently compliant with Federal, State, and Local laws: a. It is the policy of the United City of Yorkville to promote nondiscriminatory practices in its hiring and its contractual undertakings. It is the policy of the City to conform with all aspects of Federal Civil Rights legislation including the Equal Employment Opportunity Act(42 USC §2000),and all State Civil Rights Legislation. 6 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers b. No person shall,on the grounds of race,color,religion,sex,age,national origin,physical or mental disability, ancestry,martial status,or veteran status(except those dishororably discharged),all in accordance with applicable law or any other status protected by law be excluded from participation in or be subjected to discrimination in any program or activity funded in whole or in part by Federal funds. c. The City Administrator shall oversee civil rights compliance. Section 3.2 Anti-Harassment Policy The United City of Yorkville is committed to maintaining a work environment that is free of discrimination. In keeping with this commitment,we will not tolerate harassment of City employees by anyone,including any supervisor,co-worker,or any third party. All employees are expected to avoid any behavior or conduct that could reasonably be interpreted as harassment. All employees are expected to make it known promptly,through the avenues identified below,whenever they experience or witness offensive or unwelcome conduct. Harassment consists of unwelcome conduct,whether verbal,physical,or visual,that is based upon a person's protected status,such as sex,color, race, religion, national origin,age, physical or mental disability or other protected group status. The City will not tolerate harassing conduct that affects tangible job benefits,that interferes unreasonably with an individual's work performance,or that creates an intimidating,hostile,or offensive working environment. Such harassment may include,for example. jokes about another person's protected status,kidding,teasing or practical jokes directed at a person based on his or her protected status. Sexual harassment deserves special mention. Unwelcome sexual advances,requests for sexual favors, and other physical,verbal,or visual conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit term or condition of employment,(2)submission to or rejection of the conduct is used as the basis for an employment decision, or(3)the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating,hostile,or offensive working environment. Sexual harassment is conduct based on sex, whether directed towards a person of the opposite or same sex,and may include explicit sexual propositions,sexual innuendo,suggestive comments,sexually oriented"kidding" or"teasing", "practical jokes",jokes about obscene printed or visual material,and physical contact such as patting,pinching,or brushing against another person's body. All City employees are responsible to help assure that we avoid harassment. Comment:By Attorney Rogers the City Administrator,a Department Deleted: that you have experienced or Head, Supervisor, City Attorney witnessed harassment.you are to notify Comment:By Attorney Rogers Employee Assistance Program (Appendix E),Coordinator/Contact person as posted on the employee Deleted: or any of the individuals bulletin board.The City forbids retaliation against anyone for reporting harassment,assisting in making listed below: a harassing complaint,or cooperating in a harassment investigation. Anyone who believes that they have been retaliated against should notify the City Administrator,a Department Head, Supervisor, City Comment:Attorney Rogers Attorney ' • Deleted: or the previously listed contact persons 7 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers The City's policy is to investigate all such complaints thoroughly and promptly. To the fullest extent practicable,the City will keep complaints and the terms of their resolution confidential. If an investigation confirms that a violation of the policy has occurred,the City will take corrective action, including discipline,up to and including immediate termination of employment. An employee who believes that he or she has been the subject of harassment or retaliation for complaining about harassment also has the right to file a charge of civil rights violations with the appropriate state or federal enforcement agency. These include: Illinois Department of Human Rights 100 West Randolph Street, Suite 10-100 Chicago, Illinois 60601 312-814-6200 United States Equal Employment Opportunity Commission Chicago District Office 500 West Madison Street,Suite 2800 Chicago, Illinois 60661 312-353-2713 Section 3.3 Drug-Free Workplace Policy(Appendix F) Section 3.3.1 The United City of Yorkville has adopted a Drug-Free Workplace Policy as described in Resolution Number 93-17(10-25-1993). It reads as follows: Illegal drugs and the abuse of legal drugs in the workplace are a significant danger. They impair safety and health,promote crime, lower productivity and quality and underline public confidence in the work City employees undertake. The City prohibits drug and alcohol impairment and the illegal use of drugs in the workplace. Under the federal and state Drug-Free Workplace Acts,41 USC 701, et seq.,and 30 ILCS 580/1 et seq., in order for the City to be considered a"reasonable source" for the award of federal or state grants, it is appropriate to adopt the following policy: Section 3.3.2 Definition and descriptions Any location which City business is conducted,whether at this or any other site is declared to be a drug- free workplace.All employees are absolutely prohibited from unlawfully manufacturing,distributing, dispensing,possessing or unlawfully using controlled substances or alcohol, as defined in the federal and state Drug-Free Workplace Acts, in the workplace. This policy does not apply to the lawful use of prescription drugs under the supervision of a licensed healthcare professional and within the limits of a valid prescription. An employee who has been prescribed drugs or who is taking over-the-counter Comment:By Attorney Rogers medications that come in containers with warnings about drowsiness or interference with the ability to operate machinery or drive safely, is required to immediately Deleted:.however.to consult«;th his or her doctor or pharmacist about the disclose to his or her supervisor any medication-related work restrictions. medication's effect on the employee's type of drugs that ability to perforin his or her job safely. have been prescribed or the underlying medical conditions,impairments or disabilities unless Deleted:and specifically directed to do so by their doctor or by their immediate supervisor. comment:By Attorney Rogers Deleted:Employees should not. however.disclose the 8 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith &Rogers Section 3.3.3 Employee's ability to perform duties Employees are expected and required to report to work on time in appropriate physical and mental condition to perform duties of their jobs. Section 3.3.4 Education and referral program Employees have the right to know the dangers of drug abuse in the workplace,the City's policy about them and what help is available to combat drug problems. Employees needing assistance in overcoming drug abuse problems are encouraged to seek professional assessment,treatment support and aftercare at appropriate outside agencies. Conscientious efforts to seek such help will not jeopardize any employees' job nor will it be noted in any personnel record. However, referral to such programs in no way exempts an employee from discipline for less than acceptable job performance. Section 3.3.5 Employment condition As a condition of initial and continued employment,each employee shall: a. Agree in writing to abide by the terms of the City's policy respecting a drug and alcohol- free workplace; and, b. Agree, as required by law,to inform his or her supervisor of his or her conviction of any criminal drug or alcohol Statute, for a violation occurring on or off City premises,while conducting City business,no later than five(5)days after such a conviction. A conviction means a finding of guilt(including a plea of"no lo contendere")or the imposition of a sentence by a Judge or jury in any federal or state court,and/or a finding of Court Supervision. Section 3.3.6 Disciplinary action An employee who violates the terms of this policy may be subject to disciplinary action including suspension and/or termination and may be referred for prosecution consistent with applicable local, state and federal law. a. The City shall take prompt disciplinary action with respect to any employee who violates this policy. b. The City may require an employee who violates the terms of this policy to satisfactorily participate in a drug or alcohol abuse assistance or rehabilitation program. Section 3.4 Drug Testing It is the policy of the City to conduct drug/alcohol testing where it has reason to believe that an employee may be under the influence of alcohol, illegal drugs or other controlled substances. In addition, any employee who is reasonably believed to have caused or contributed to an accident which resulted in personal injury requiring medical treatment away from the scene of the accident or which disabled a piece of equipment shall be tested for alcohol, illegal drugs,or other controlled substances. 9 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Further,employees employed in safety sensitive positions are subject to periodic or random testing. Employees subject to Department of Transportation(D.O.T.)testing shall be tested in accordance with D.O.T.regulations in addition to the testing and discipline provisions of this policy. Refusal to submit to testing will result in disciplinary action,up to and including termination of employment. Section 3.5 No Solicitation Solicitation by employees shall not be permitted during working time(the time employees are performing Department functions)in the City, or during non-working hours in areas where it will disturb other employees who are working. Distribution or circulation of printed materials by employees shall not be permitted any time, including working and non-working time,in working areas. Solicitation or distribution of printed materials by non-employees is prohibited in work areas. Section 3.6 Employee Performance Evaluation At a minimum,yearly reviews shall be made of the employee's work performance by the Department Heads, and reported to the Mayor. Employees may be given more frequent evaluations as circumstances warrant. A finding of satisfactory performance is needed for advancement on the wage scale. Section 3.7 Outside Employment Employees may hold outside employment, including self-employment,provided such employment does not: 1)interfere with the performance of City duties; 2)present a potential conflict of interest; 3)result in outside work being performed during an employee's work shift; 4)involve the use of city equipment or supplies. Employees shall be permitted to engage in outside employment only with the prior written approval of their Department Head. If granted permission for outside employment an employee's Department Head may revoke the permission where it appears to the Department Head that such activity conflicts with the standards set forth above. Employees who engage in outside employment shall notify their Department Head of the addresses and phone numbers where they can be contacted, if necessary, for their normal work schedule,of the name of their supervisor(if applicable),and of the type of work they are(or will be)performing. Section 3.8 Gifts and Gratuities a. City services are not to be rendered by any employee with the expectation or in exchange for any gift, gratuity,discount, reward, entertainment,hospitality, loan, forbearance, other tangible or intangible item having monetary value. This policy prohibits the receipt of gifts by the employee's spouse or an immediate family member living with the employee from a"prohibited"source. In addition,all employees are required to comply with the City's Ordinance#1999-12(Appendix G) implementing the provisions of the State Gift Ban Act. When an employee receives any offering as a result of his or her status as a City employee,the offering must be immediately turned over to the City's Ethics Officer, which is the Kendall County States Attorney. The Ethics Officer will determine the ultimate disposition of any gift or offering in accordance with the City's ordinance and the State Gift Ban Act. Additional information about this policy maybe obtained from the City Administrator, Ethics Officer or City Attorney. 10 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers b. No employee in the City's service shall have any financial interests in the profits of any contractor,service provider,or other work performed for the City,or shall personally profit directly or indirectly form any contract,purchase,sale or service between the City and any person or company. Any employee who violates this section shall be subject to discipline for misconduct in office. Section 3.9 Political Activity a. No employee shall use his or her official position of employment to coerce or inhibit others in the free exercise of their political rights;or engage in political activities while at work or on duty. b. Due to the conflict of interest created by employees holding an elected office,the taking of an oath for any City office shall constitute an employee's resignation from City employment unless allowed by state statutes. Section 3.10 Workplace Inspections The City wishes to maintain a work environment that is free of illegal drugs,alcohol,unauthorized firearms,explosives,or other improper materials. To this end,the City prohibits the possession,sale, transfer or use of such materials on its premises or in City vehicles. The City requires the cooperation of all employees in administering this policy. Section 3.10.1 Administrative Inspections Desks, lockers and other storage devices may be provided for your convenience,but remains the sole property of the City. The City also reserves the right to conduct searches and inspections of City- provided vehicles,equipment, materials,such as boxes,thermoses,briefcases,desks,computer files, computers,computer disk, cabinets,file drawers,desk, lockers,or packages without notice. Anyone who refuses to submit to a search or is found in possession of prohibited articles will be subject to disciplinary action, up to and including dismissal. Accordingly,the City Administrator or Chief of Police or their designee may conduct the inspection with or without prior notice. All administrative/operational inspections shall be conducted through the authority of the City Administrator or Chief of Police.The City is not responsible for loss of or damage to personal property on the job. Section 3.10.2 Criminal Inspections/Searches When a supervisor or an employee has reasonable suspicion that a criminal act or threat of violence has or will occur he or she shall contact the local police department immediately. The local police will determine if the inspection is warranted and conduct such inspection. Only law enforcement personnel shall conduct such inspection. Any abuse of this provision within the employee manual by any employee shall be subject to disciplinary action up to termination. 11 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 3.11 On-the-Job Safety/Reporting of Accidents Employees are expected to exercise caution and observe all established safety rules and regulations applicable to their position and in the operation of tools,equipment and motor vehicles in connection with City business.(Safety Policy-Appendix H) The following safety rules apply to all employees of the City: a. Basic responsibility for safety rests with Department Heads and from them,to their designated safety representatives,supervisors,and employees,but it is the responsibility of every employee to become familiar with and adhere to all safety rules and regulations. b. Any employee acting in a supervisory capacity shall require all employees under their supervision to comply with all applicable safety rules and practices. c. Any employee having knowledge of any unsafe condition or work practice shall report such condition or practice to their immediate supervisor,departmental safety representative,or Department Heads. d. All employees shall use reasonable precautions in the performance of their duties and act in such a manner as to assure maximum safety to themselves,their fellow employees and the public. e. All employees shall familiarize themselves with the safety rules applicable to their jobs and shall consult with their supervisors on any safety rule or practice not understood,or whenever work conditions present unforeseen hazards. f. No employee shall remove or make ineffective any safeguard,safety device or safety appliance except for the purpose of replacement, repair or adjustment. g. Employees shall keep their work areas clean,orderly and,to the extent possible, free from all recognized safety hazards. h. All employees shall work in appropriate clothing, including footwear,suitable for the type of work being performed, and shall wear or use appropriate safety devices or personal protective equipment as provided,or directed. i. When driving or riding as a passenger in a City-owned vehicle,or in a personal vehicle while on City business, employees shall wear properly adjusted and fastened seat belts. j. Employees shall comply with all applicable Local, State and Federal traffic laws when operating a City vehicle or personal vehicle while on City business, except for police officers when authorized in the line of duty and in accordance with departmental standard operating procedures k. Any employee who suffers an on-the-job injury or illness,or is involved in an accident while operating City equipment,a City-owned vehicle,or a personal vehicle on City business,shall complete a report of accident on the approved report form and submit the 12 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers form to the immediate supervisor. The form shall be completed and submitted within twenty-four hours of the on-the-job accident,injury or illness to the extent practicable. Individual departments may adopt any safety rules that address particular operations or hazards that exist within that department and which are not inconsistent with the general safety rules listed above. Any employee found to be in violation of the general safety rules or applicable departmental safety rules may be subject to disciplinary action. Section 3.12 Threats,Violence and Weapons Section 3.12.1 Workplace Violence Policy The City will not tolerate any threats,threatening behavior or acts of violence against employees, visitors,or other individuals by anyone on City property or while an employee is off-premises engaged in City business. There is no justification for such actions.Any employee who violates this policy will face disciplinary action up to and including discharge and may face possible arrest and criminal prosecution. Section 3.12.2 Prohibited Conduct "Workplace violence" includes any behavior or conduct on City premises, which is sufficiently severe, offensive,or intimidating to cause an individual to reasonably fear for his or her personal safety or the safety of co-workers and/or property. It includes,but is not limited to: a. Any physical behavior,or threat of physical behavior, which involves aggressive contact with any person,including pushing, hitting, fighting, throwing objects or otherwise intentionally injuring another person or attempting to injure another person b. Any physical behavior,or threat of physical behavior,that would place a reasonable person in fear of receiving imminent physical injury or aggressive physical contact of the sort discussed above;or c. Any act of vandalism or other intentional damage or destruction of City property. No employee or third party.except for authorized law enforcement personnel, is permitted to bring weapons or firearms onto City property(including City vehicles). Section 3.12.3 Reporting Procedures a. Employees who become aware of workplace violence or any threat of workplace violence,whether by an employee or non-employee, must immediately report such action to their immediate supervisor and law enforcement personnel. Disciplinary action may result if the employee having knowledge of a suspected violent act fails to report the incident. 13 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers b. Any employee who is a victim of workplace violence must immediately report the situation to law enforcement personnel,then his or her supervisor or the City Administrator when the supervisor is involved. c. Any report made pursuant to this policy will be treated with confidentiality to the extent reasonably possible and appropriate. d. Actions that may be considered endangering or life threatening by or against any employee or individual on City property should be reported to local law enforcement agency by calling 911, in addition to the reports set forth above. Section 3.12.4 Investigation and Responsive Action a. All incidents of alleged workplace violence will be investigated promptly by the City. b. Based on the results of the investigation,the City will take appropriate action. If a violation of policy is found,such action may include immediate discharge. Additionally, the City may report the situation to law enforcement. c. When applicable,the City and its employees shall cooperate fully with police and other law enforcement officials in the investigation and prosecution of any workplace violence. d. The City may take other actions, as it deems appropriate under the specific circumstances, including seeking judicial action. Section 3.12.5 No Retaliation The City forbids retaliation against any employee for reporting any violation of this policy. Any employee who engages in retaliation in violation of this policy shall be subject to disciplinary action up to and including discharge. Section 3.13 No Smoking or use of Tobacco Products Smoking and/or use of any form of tobacco products are prohibited within city owned public buildings. Designated areas may be designated with approval of the Department Head and City Administrator. Section 3.14 Nepotism Section 3.14.1 Spouse/Relatives of Department Heads/Elected Officials a. The employment of spouse or a relative of any Department Head or elected official may be subject to a confidentiality disclosure agreement or conflict of interest agreement as deemed necessary by the city attorney. For this purpose,a relative is deemed to mean a spouse,parents, grandparents,children or grandchildren,siblings,aunts, uncles,in-laws, and step relatives within these categories. 14 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers b. This policy is intended to comply with the requirements of all applicable federal,state, and local laws. The Mayor is responsible for the coordination,administration and implementation of the provisions of this policy approved by the City Council. Section 3.14.2 Relatives of All Employees a. The purpose of this policy is to establish consistent guidelines concerning the employment of relatives of employees of the City. Relative is deemed to mean a spouse, parents,grandparents,children or grandchildren,siblings,aunts and uncles, in-laws and step-relatives, within these categories. It is the policy of the City to provide all employees with equal employment opportunities for career advancement without fear of favoritism or penalty,actual or implied,based on family relations. b. The employment of a relative of any full-time City employee,in a full or part-time position, is prohibited if such employment shall cause the new employee to come under direct supervision of or provide direct supervision to the related full-time employee. c. Full-time City employees will not be considered for promotion or transfer if such change shall cause the employee to come under,or to provide direct supervision to a related City employee. d. If employees in a supervisory relationship become related after employment,every effort will be made to transfer one of the employees to a position where no supervisory relationship exists. If neither employee volunteers to transfer,the City Administrator/Mayor will arrange an involuntary transfer at his or her discretion. Transfer decisions may be based on, but are not limited to, such factors as the grade of each affected employee's position,the availability of openings for which the affected employees are qualified,and the availability of replacement candidates for the affected employees'positions. e. This policy is intended to comply with the requirements of all applicable federal, state and local laws. f. The Mayor or his designee is responsible for the coordination, administration and implementation of the provisions of this policy. Prior to the application of this policy regarding employment or transfer decisions with respect to spouses,supervisors must contact the Mayor to ensure compliance with applicable federal,state and local laws. Section 4 Use of City Equipment Section 4.1 Authorization to Use Equipment City equipment and supplies may be used only for authorized City purposes. No City equipment or supplies shall be removed from City premises for personal use unless authorized by the Department Head, City Administrator,or Mayor 15 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 4.2 Use of City Vehicles An employee must obtain permission from the Department Head to use City vehicles,as provided by the City Policy(Appendix I).Use of City vehicles(if available)are for official City business ONLY is highly encouraged Any out of pocket expenses such as parking,tolls,and emergency repairs shall be reimbursed upon presentation of receipts. Section 4.3 Use of Personal Vehicles for City Business Whenever an employee is authorized to use a personal vehicle in the performance of official City duties, the employee shall be compensated at the prevailing IRS mileage rate. All mileage compensation shall be a result of authorized personal vehicle use approved by the employee's Department Head. Reimbursable uses include: the use of personal vehicle to attend out-of-town functions,training sessions,and meetings when such functions are a requirement of the employee's job or are deemed desirable by their Department Head or the Mayor. Section 4.4 Computer and Telephone Communications Systems a. All computer and telephonic communications systems and all communications and information transmitted by, received from or stored in these systems are the property of the City and as such are to be used solely for job related purposes(Note: See Section 4.6 Personal use of telephones). The use of any software and business equipment, including but not limited to,facsimiles,telecopiers,personal computers, handheld computers and copy machines for private purposes is prohibited. All materials and information created, transmitted or stored on City computer systems are the property of the City and may be accessed by authorized City personnel. Employees shall have no ownership or proprietary interest in the computer network,including any of the data files or applications operating or residing on the computer network or any stand-alone computers. No employee shall,without express authorization, copy or download any applications from the computer network,copy or load any applications onto the computer network,or disclose to,or allow the use of the computer network by, any third party. Furthermore, all employees shall be required to sign an E-Mail, Voice Mail,Computer, and Office Equipment Acknowledgement Form. (Appendix J) b. If an employee uses this equipment for personal purposes they do so at their own risk. Furthermore,all employees are not permitted to use a code,access a file or retrieve any stored communication unless authorized to do so or unless you have received prior clearance from an authorized supervisor. All pass codes are property of the City. All employees may not use a pass code that has not been issued to them or that is unknown to the City. If an employee violates this policy,they may be subject to disciplinary action. up to and including dismissal. c. Employees must obtain written authorization from their Department Head to use City information technology resources to access the Internet. Requests for Internet access must be based on legitimate,business-related reasons. Employees may only use authorized connections for Internet access. The network administrator will terminate any 16 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers unauthorized connections to the server. Department Heads that authorize access to the Internet are responsible for promptly notifying the City's network administrator when Internet users terminate,change departments or no longer require Internet access. d. To ensure that the use of electronic and telephonic communications systems and business equipment is consistent with the City's legitimate business interests,authorized representatives of the City may monitor the use of such equipment from time to time to the extent permitted by applicable state and federal law. Users should not have any expectation of privacy with respect to any materials and information created or stored on these systems. Section 4.5 E-Mail Policy The City provides an electronic mail ("e-mail")system to some of its employees in order to facilitate the communication of work-related data internally and externally in the most effective and efficient manner possible consistent with legal requirements and established policies and procedures. In order to provide City employees with the benefits of e-mail communications without exposing the City to the many risks inherent in e-mail communications,the City has developed the following rules. Anyone having any questions should contact their immediate supervisor.. Section 4.5.1 The e-mail system may be used only to process and communicate work related data and messages. Employees may only use e-mail for legitimate business-related communications in the course of their assigned duties. No one may use e-mail to conduct personal business of any kind, including downloading data from the Internet or from any other source for other than strictly work-related purposes. All data of any nature that is entered or received through any City computer including all e- mail messages are and will remain City property. None of the data or messages may be used for any purpose not related to City business.Furthermore,no data or messages shall be sold,transmitted, conveyed or communicated in any way to anyone outside of the City without the express written authorization of an officially-designated City representative. Section 4.5.2 City computers and all data and e-mail messages on City computer systems are subject to inspection and search by the City. In the course of their duties, City systems operators,Department Heads, Supervisors,and/or approved consultants may monitor employee use of the e-mail system and review the contents of data or messages within the e-mail system. Section 4.5.3 The creation or transmission of any data or e-mail message that may be construed to violate the City's "Harassment-Free Workplace" policy or "Equal Employment Opportunity" policy is strictly prohibited. This prohibition includes sexually explicit or offensive messages,cartoons or jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race,color, religion, sex,national origin, age,disability, marital status,or any other status protected by law. 17 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 4.5.4 E-Mail may not be used to transmit disciplinary messages or statements regarding individual employees. All such negative messages must be kept strictly confidential and therefore may not be communicated via e-mail in any form whatsoever. For many of the same reasons,performance evaluations may not be conducted or transmitted via e-mail. Section 4.5.5 Unauthorized access of e-mail,use of other employees'passwords and disclosure of other employees' passwords is strictly prohibited. Unauthorized use of codes or passwords intended to gain access to other employees'e-mail accounts is prohibited. Likewise,the unauthorized disclosure of other employees'passwords is prohibited. As a condition of employment and continued employment,all employees are required to sign an e-mail acknowledgement form.(Appendix J) Section 4.6 Personal Use of Telephones Employees are permitted to use City telephones for personal use on limited basis and for local calls only. Approval to use City telephones for personal business may be withdrawn by Department Heads if it becomes excessive or if use causes interference with work duties. Employees maybe required to pay for any none city business calls they make which are charged to the City. This policy is subject to change, as the City deems necessary. Section 5 Disciplinary Action Section 5.1 Reasons for Discipline Employees of the United City of Yorkville are expected to perform satisfactorily their assigned duties. It is the duty of the Department Heads to oversee conduct and work performance of said employees within their respective departments. Unless otherwise set forth under a written contract of employment or unless provided otherwise by the Board of Fire and Police Commissioners,employment with the City is at-will,and employees can be discharged with or without cause,at any time at the sole discretion of the Mayor. Reasons for disciplinary action may include,but are not limited to.the following: a. Incompetence,negligence, inefficiency, or failure or inability to perform assigned duties. b. Abusiveness in attitude or language,or in conduct resulting in physical harm, injury or harassment to City employees or the public. c. Violation of City drug and alcohol policies. d. Violation of any lawful or official regulation,order or rule,or failure to comply with any lawful direction given by your superior. e. Conviction of a felony or any criminal misdemeanor set forth in Section 10-1-7 of the Illinois Compiled Statutes. 18 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers f. Causing damage to public property or waste of City supplies through negligence or willful misconduct,or failure to take reasonable care of City property. g. Falsifying employment applications or City records. h. Absence from scheduled work without prior authorization i. Claiming sick leave under false pretenses. j. Absence without leave for a period of three(3)days(an involuntary resignation),or a failure to report after leave of absence has expired or has been disapproved,revoked,or canceled by the employee's superior. k. Work history shows excessive or chronic absenteeism. I. Insubordination. m. Any other reason as determined by a Supervisor,Department Head,or Mayor. n. Failure to comply with established safety rules. These examples are not all-inclusive,and other conduct not specifically covered above may result in disciplinary action depending upon the circumstances. Section 5.2 Discipline Procedure The City is committed to assisting all employees who are not performing their job duties at expected standards. The City shall take any or all of the following steps in developing a"remediation plan" for employees with performance problems,although remediation may not be appropriate for all employees. The City,in its discretion,will determine when remediation will be made available to an employee, as well as what steps shall be included in a remediation plan. 5.2.1 Remediation Notice and a chance to improve. Department Head shall inform the employee of his performance problems or shortcomings,and provide a reasonable opportunity to improve. Specific Information. Department Head shall let the employee know exactly what the problem is,and set up an improvement program that calls for specific actions by stated deadlines.Furthermore,the Department Head may recommend that the employee contact the Employee Assistance Program. Maintenance of Records. Early warnings may take the form of verbal counseling; further warnings shall be in writing and these warnings are performance based warnings. Department Head shall place copies of any performance based warnings in the employee's personnel file. Employees shall be given the opportunity to sign warnings. Signing does not constitute the acceptance of such warding,but acknowledges employee is aware of the warning. Performance based warnings will be reviewed every 365 days or one year after issuance. If the employee has improved,the warning may be removed from his/her file and sealed. 19 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith &Rogers Provide a reasonable time to improve. When setting the deadline for improvement,the Department Head shall determine what would be a reasonable time considering the problem and circumstances. 5.2.2 Disciplinary Procedure Procedure for Disciplinary Action or Terminated Review. All employees who have been notified of performance problems and directed to improve and correct such problems may be subject to discipline or discharge for the failure to do so or where further performance problems arise. Sworn employees are subject to the requirements of the Board of Fire and Police Commissioners Act. An employee can be suspended any time,with intent to discharge, without regard to the preceding steps, if he or she commits an offense for which immediate discharge is specified as a penalty or if, in the Department Head's judgment,the employee's continued presence would be contrary to the well being of the City or any of its employees. Until action by the Mayor is taken the employee shall be suspended with pay. The Mayor may seek advisory input from the City Council in regards to significant disciplinary action or terminated review for full time employees before making final determination. Purpose. The primary purpose of the disciplinary system is to correct improper behavior,not to impose penalties. The City expects its Department Heads and Supervisors to recognize situations where disciplinary measures are the most appropriate means to the end. Perspective. Discharge is an ultimate means to correct a problem, when all else has failed. An employee,whose behavior or poor performance is due to lack of knowledge or experience,should receive training and assistance,not discipline. First Violation. Counsel the employee and issue a verbal warning. The Department Head and/or Supervisor shall notify the employee that he or she is receiving a formal warning. The Department Head and/or Supervisor shall place an informal memo in the employee's history file with the employee's knowledge. The Department Head and/or Supervisor shall also inform employee of the contents of that memo. Second Violation. The Department Head and/or Supervisor shall hold a meeting with the employee at which time the nature of the offense will be explained,and the employee shall be warned that any repetition could lead to the suspension or discharge of the employee. The Department Head and'or Supervisor shall offer help to the employee in solving the problem. A formal written warning shall be issued concerning the prior incident. One copy shall be given to the employee and one copy shall be placed in the employee's file. Third Violation. The employee shall be suspended up to five(5)days without pay upon approval by the City Administrator, Chief of Police or Executive Director of Parks and Recreation. The employee shall be warned that a single further offense may be grounds for suspension up to thirty days or discharge. Upon the third violation,the Mayor and City Council shall be notified. Fourth Violation. The employee shall be given a suspension more than five(5)days up to thirty(30) days or discharged,observing the procedures in this manual for processing an involuntary termination. 20 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith &Rogers The Mayor with advice from the City Council if time allows,shall approve any suspension recommended by the City Administrator,Chief of Police,or Executive Director of Parks and Recreation that is more than five(5)days without pay. Section 5.3 Grievance Procedure A grievance is defined as any expressed difference,dispute or controversy between an employee and the City,concerning the circumstances and conditions that concern the working relationship or work environment, however discipline and discharge procedures are not subject to review under the grievance I procedure. If an employee has any complaint that cannot be handled orally by consultation with their immediate supervisor,they may submit in writing within fifteen(15)calendar days, his grievance to both the Department Head and the City Administrator,for review by the City Administrator. When the City Administrator has reached a decision regarding the resolution of the problem a letter or memo shall be sent back to the Department Head and to the employee within thirty(30)calendar days. In the event the employee is not satisfied with the resolution proposed by the City Administrator,the employee may request within twenty-one(21)calendar days an independent review by the Mayor. The Mayor will respond in writing to the employee,the employee's immediate supervisor,Department Head,and City Administrator, within thirty(30)calendar days.Any action taken by the Mayor will be final.This grievance procedure does not include any employee who is covered by a collective bargaining agreement unless specifically specified within the agreement. Section 6 Payroll Administration,Hours of Work and Overtime Section 6.1 Regular Hours of Work Section 6.1.1 Workday hours and lunch breaks All non-exempt employees shall be scheduled for an eight and half(8.5)hour workday with an unpaid % hour lunch break,except sworn police officers who's workday will be determined by the Chief of Police. Lunch breaks for all City administrative offices shall be scheduled not to disrupt City services. Section 6.1.2 Public Works employee"On Call"status,duties,and payment Employees will be required for"On Call"duties to maintain the city public infrastructure.They shall be expected to check pumps and perform other such work as may be directed from time to time. The employee shall check the status of the wells,pumps,and lift stations approximately 7: 00 a.m. and wells again at approximately 4:00 p.m. for which they shall receive a minimum of two hours pay at the overtime rate. Personnel so selected for"On Call"duty shall be available for emergencies unless other arrangements are made between employees. Any such arrangements made shall require notification to the Department Head. Section 6.1.3 Work Schedule The workweek shall consist of forty(40) hours per week for all City non-exempt full time employees. The Department Head shall determine the length of the shift and starting time providing there is no disruption to City services. Furthermore,the Mayor and City Council shall determine the hours of operations for all City administrative services. 21 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 6.2 Shift Changes All employees shall normally be given fourteen (14)days notice of any changes in regular working hours,except in cases of emergency,or by mutual consent of employee and Department Head. Section 6.3 Payroll Administration All salaried,hourly,and part-time personnel shall be paid biweekly. Up to a one-week delay in payment may be in effect for regular and overtime hours. Further payroll and reimbursement policy details are as follows: a. Paychecks will be issued no later than 12:00 p.m. on payday. b. All full-time employees with health insurance coverage will have$1.00 withheld from the first paycheck of each month for their contribution to the health insurance costs. (Participating plan.)This fee is subject to change upon a review and approval by the City Council with a ninety(90)day notice to the employees that the City Council is reviewing a proposal to change plans or fee structure before approval. c. Insurance reimbursement checks shall be issued with all other vendor checks only after approval by City Council. d. Department Heads or their designee shall distribute payroll checks. e. All dental and vision assistance request must be given to the Accounting Clerk by April 30 of the current year except as stated in Section 8.3b Rollover Dental/Vision Policy. f. All the above shall apply unless extraordinary circumstances prevent them from occurring. g. Hourly pay is defined as base pay plus all stipends. Section 6.4 Callback Pay All full time employees covered by this Personnel Policy who are called back to work after having left after a full scheduled work day shall receive a minimum of two(2)hours work at time and one half pay. A call back is defined as an assignment of work that does not immediately precede or follow an employee's regularly scheduled work hours. Department Heads do not receive overtime pay, but may take time earned,when the demands of the position allow them to do so,with the approval of the Mayor. Section 6.5 Overtime Scheduling Time worked in excess of the established regular workweek hours constitutes overtime work. Before performing any overtime work the employee must receive approval from their supervisor or Department Head. 22 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 6.6 Overtime Pay a. Overtime pay shall be considered that time worked which is more than a normally scheduled workday or forty(40)hours per week. Overtime pay shall be paid at the rate of one and one-half times the hourly rate,determined by dividing the annual salary by 2,080 hours. b. All full time,non-exempt employees will be compensated for all hours worked as described within their job description and duties as authorized,which means no employee shall work as an independent contractor or receive a stipend for hours worked except as authorized as an appointed position. Employees shall be duly compensated under the FLSA for hours worked; however employees may be subject to discipline for performing unauthorized work. Section 6.7 Compensation Time a. The City encourages the use of compensatory time,provided the net result is a saving of wage expenditures. b. Compensation time for non-exempt employees is earned at the rate of 11/2 hours for each hour of overtime worked. c. All non-exempt, full-time employees(at their discretion and with their Department Head's approval),shall be allowed to take compensation time. This is in lieu of any overtime hours worked for which an employee waives overtime pay. An employee is allowed to use compensation time by the hour and/or day provided compensation time is earned and overtime is waived before requesting compensation time. Sworn full-time employees may take compensation time, as outlined in their police collective bargaining agreement. d. There is a cap of 240 hours of compensatory time that may be accrued for all non-exempt employees. The City reserves the right to require employees to use compensatory time or to "cash out" accrued hours except forty(40)hours at any time with a thirty(30)day written notice to their Department Head. e. Upon termination of employment,the employee will receive cash compensation for any accrued comp time remaining. f. The City will honor an employee's request to use comp time within a reasonable period of time following the proper request, so long as the use of the comp time will not"unduly disrupt" the City's operations. Section 6.8 Pay Adjustments a. Wages for all City employees shall be reviewed by April l'`of each year. Any adjustments in pay shall be granted at this time,to be effective with the first payroll of the following fiscal year, (May I). This is not meant to imply that raises shall automatically be granted. Wages and benefits,directly related to their respective departments, is an 23 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers addendum to this Personnel Policy.This addendum may be updated from time to time to reflect City Council approved adjustments. b. A new employee hired within six(6)months before a wage increase may not be eligible for such wage increase until satisfactory completion of a six-month period of time. Section 6.9 Longevity Pay Longevity stipend will be made to all full-time exempt and non-exempt,non-bargaining employees based on the below schedule. This stipend is added to the annual salary for non-exempt employees and exempt employees will receive the stipend on the 1st pay period of the employee's anniversary of date of hire. After 6 years,but less than 9 years $ 750 After 9 years,but less than 14 years $1000 After 14 years,but less than 20 years $1250 After 20 years,but less than 25 years $1500 After 25 years $2000 Section 7 Leave Time Section 7.1 Vacation Leave a. Employment anniversary dates shall govern the number of vacation days allowed. b. Full-time and eligible part-time employees are entitled to the following vacation time. First year employees shall not receive a vacation until the completion of one year of employment,unless otherwise approved by the Mayor and City Council. One(1)year through five(5)years-(80 hours) Six (6)years through ten(10)years-(120 hours) Eleven(11)years or more-(160 hours) c. Employees earning eighty(80)or more hours vacation may take up to forty(40)hours vacation as pay. subject to the approval of the Department Head. d. Vacations are normally requested in forty(40) hour increments. Eight(8) hours of vacation leave may be taken in single days with the approval of the Department Head. All requests must be submitted at least fourteen(14)days in advance and approved by the Department Head. Any vacation request submitted for the calendar year by February 28`x' will be approved based on seniority and scheduling to provide essential services. When the vacation leave request is approved the employee has reserved his right to his leave; 24 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers however,all leaves are subject to review and/or cancellation for major emergencies or extreme circumstances,which may cause a personnel shortage. e. Provided the employee has made a reasonable effort to take vacation time,but such time was denied due to scheduling problems,one week of unused vacation time may be carried over into the next year, or the employee shall receive pay for the unused vacation. The Department Head shall make this decision. f. Upon termination of employment,the employee shall receive prorated accumulated vacation pay on the basis of 1/12 for each full month worked past the employee's appointment date,based upon the employee's vacation time determined by length of employment. Section 7.2 Holiday Leave a. Holiday pay shall be paid to all full-time employees. b. All employees shall receive their normal rate of pay with the day off. This is not intended to imply they shall receive any additional pay, but only the pay they would have received had they worked the day as a normal workday. c. All sworn,non-exempt,full-time employees'Holiday Pay will be covered as outlined in the police collective bargaining agreement. d. Public Works employees called in to work on a holiday shall receive double pay for the number of hours worked. This means that an Employee shall receive his holiday pay, plus double time pay for hours worked. e. The following twelve(12)holidays shall be observed: New Years Day Martin Luther King,Jr.'s Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day f. Besides the twelve(12)holidays listed,all employees shall receive two(2) floating holidays,which cannot be accumulated if not taken. Department Head's approval must be obtained before taking the floating holidays. Section 7.3 Sick Leave 25 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 7.3.1 Purpose,Allowance,and Accumulation. Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from time to time and that their financial resources may be diminished in such instances if pay is discontinued,and that it may not be in the best interest or health of the employee or fellow employees to work while sick. An employee who is unable to work by reason of a non-duty related illness, injury,or disability as contained herein may take sick leave. Employees shall accrue eight(8)sick leave hours per month to a maximum accrual of 960 hours. Section 7.3.2 Medical Verification. The City may,at its discretion, require an employee to submit a physician's verification of illness or other conclusive evidence of illness,and such verification normally will be required for illnesses requiring the use of more than twenty-four(24)hours of sick leave. Section 7.3.3 Sick Leave Utilization. Sick leave may be utilized only for the purposes as stated in the first paragraph of this section. Employees utilizing paid sick leave hours shall be compensated for them according to their normal rate of pay. Employees will use accrued sick leave in reverse accrual order. Thus,when an employee uses a sick leave hour,the last sick leave hour earned is removed from his accumulated sick leave. Abuse of sick leave shall be considered grounds for disciplinary action. Absent employees who have exhausted their accumulated sick leave shall not be compensated for further absences unless approved by the City Council. Section 7.3.4 Unused Sick Leave. On May 15 of each year, an employee who has used less than the sick leave he has accumulated in the immediately preceding fiscal year(May 1 through April 30)will be asked if he wishes to sell back the accrued sick leave earned in that fiscal year at a rate equivalent to fifty(50°A)percent of his regular rate of pay as determined on April 30t for each sick hour sold back. The number of sick leave hours for which an employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees electing to sell back their sick leave will be paid to them by June 15`x'. An employee who is eligible upon separation to collect a retirement pension under IMRF or the Police Pension Fund,who leaves the City's employment [through retirement, a reduction in force, or voluntary resignation] and has been employed by the City for more than ten (10)years shall be paid for all unused sick leave at fifty(50%)of his regular rate of pay for all accumulated and unused sick leave up to 960 hours. Section 7.4 Reporting of Absences 26 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers All Department Heads shall keep an accurate account of any employee absences including their own. Arriving and reporting to work regularly and on time is one of the employee's prime responsibilities. Failure to be on the job when scheduled reduces the efficiency of the City. Illness should be reported to the employee's immediate supervisor one(1)hour before the start of the employee's shift.Failure to secure proper permission for the use of personal days and/or sick hours or to report illness on time may result in full loss of pay for the hours involved for non-exempt employees. I comment:By Attorney Rogers Section 7.5 Duty-Related Illness or Leave In the event of a work-related accident or death that occurs while on the job,all employees are eligible for worker's compensation as provided by law. Employees covered by a collective bargaining agreement should consult the relevant agreement for additional information. The Department Head may consider a light duty program for any employee who has a medical release to return to limited duty. Section 7.6 Emergency and Bereavement Leave Time away from the job due to emergencies will be granted at the discretion of the Department Head. The Department Head shall make the decision whether non-exempt employees shall receive paid or unpaid time off, or shall be required to make up missed time. Exempt or Supervisory employees shall be permitted to take emergency leave at the discretion of the Mayor or his/her designee,and where the need for leave is a day or more,the City may, at its discretion,designate such leave as unpaid leave time. Emergency time off for bereavement will only be allowed in the case of death of an immediate family member, (mother,father, brother,sister,child,spouse, mother-in-law,father-in-law), or in special cases as approved by Department Head. These days are separate from floating holidays and sick hours. Section 7.7 Military Leave The City will provide for leaves for uniformed or military service in accordance with the requirements of state and federal laws. If an employee needs to take leave for uniformed or military service,they should submit a copy of their orders along with their request for leave as soon as they become aware of the need for leave. Please contact the City Administrator for further details about the uniformed or military leave rights. These provisions apply to all Illinois employers, including public employers.Furthermore,employees who are members of the reservists—either in the U.S.Armed Services or in the Illinois National Guard —are entitled to the following benefits(under Illinois Law)when mobilized to active military duty by presidential order: • Continuing compensation (minus the amount of the employee's base pay for military service)for the entire period of active military service; and • Continuing health insurance and other benefits the employee was receiving or accruing at the time the employee entered military service. Section 7.8 Jury Duty Leave 27 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Employees shall be granted leave with pay when required to be absent from work for jury duty. Employees are expected to contact their immediate supervisor and report to work when they are excused from jury service,temporarily or finally. Any payment received by the employee for jury duty shall be given to the City because the employee is receiving their full pay while on jury duty leave. Section 7.9 Unpaid Discretionary Leave Employees may obtain a leave of absence.The employee must seek approval for an unpaid discretionary leave from the Mayor and City Council. Such leave shall be unpaid and shall not be used to gain employment elsewhere. Section 7.10 Family and Medical Leave Section 7.10.1 General Statement It is the policy of the United City of Yorkville(the"City)to provide up to twelve(12)weeks of unpaid family and medical leave during a 12-month period to eligible employees in accordance with the Family and Medical Leave Act of 1993 ("FMLA"). The 12-month period is measured using a rolling backward year. Section 7.10.2 Eligibility In order to qualify to take family and medical leave under this policy, an employee must have worked for the city for at least twelve(12)months and at least 1,250 hours during the twelve(12)month period immediately before the date when the leave would begin. Section 7.10.3 Reasons for Leave a. A leave may be requested for any of the following reasons: (1)Child Care. To care for a child born to or placed for adoption or foster care with an employee; (2) Family Medical. To care for a spouse,child,or parent ("covered family member")with a serious health condition; or(3) Employee Medical. Because of an employee's own serious health condition which renders the employee unable to perform the functions of their position. Child Care Leave must be completed within the twelve(12)month period beginning on the date of birth or placement. In addition,spouses employed by the City who request Child Care Leave or leave to care for an ill parent may only take combined aggregate total of twelve(12)weeks during any 12-month period. b. Employees will not be granted an FMLA leave to gain employment or work elsewhere. including self-employment. Employees who misrepresent facts in order to be granted an FMLA leave will be subject to immediate termination. Section 7.10.4 Leave is Unpaid a. FMLA leave is unpaid leave. If an employee requests Child Care or Family Medical Leave, any accrued paid vacation and personal time must first be substituted and used for unpaid FMLA leave. If an employee requests Employee Medical Leave, any accrued paid vacation,personal and applicable sick leave(in that order)must first be substituted 28 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith &Rogers and used for any unpaid FMLA leave. The substitution of paid leave time for unpaid leave time or use of short-term disability does not extend the 12-week leave period. Employee Medical Leave will also run concurrently with leave taken under the City's disability leave policy and workers'compensation leave,if taken for an FMLA qualifying serious health condition. b. If an employee takes vacation time/sick leave using salary continuation for a condition that constitutes or progresses into a serious health condition,the City may designate all or some portion of such leave as under this policy,to the extent that the paid leave meets the necessary qualifications. Section 7.10.5 Notice of Leave If an employee's need for FMLA leave is foreseeable,the employee must give the City at least thirty (30)days prior written notice. Failure to provide such notice may be grounds for delay of leave. Where the need for leave is not foreseeable,the employee is expected to notify the City as soon as practicable, generally within one to two business days of learning of the employee's need for leave. A request must be made in writing on the City's forms(Appendix K),available in personnel. Section 7.10.6 Medical Certification If an employee is requesting Employee Medical or Family Medical Leave the employee and the relevant health care provider must supply appropriate medical certification. The City will supply all employees with medical certification forms. The medical certification must be provided within fifteen (15)days after it is requested,or as soon as reasonable under the circumstances. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. In its discretion and at its own expense, the City may require a second medical opinion,and if the first and second opinions differ,a third medical opinion. The third opinion will be provided by a health care provider approved jointly by the employee and the City and will be binding. The City may also require recertification periodically during a leave,and employees will be required to present a fitness-for-duty certificate upon return to work following an employee medical leave. Section 7.10.7 Medical and Other Benefits a. During an FMLA leave,the City will maintain the employee's health benefits on the same conditions as if the employee had continued working. If paid leave is substituted for unpaid FMLA leave,the City will deduct the employee's portion of the health plan premium as a regular payroll deduction. If the FMLA leave is unpaid,the employee must make arrangements with the City to pay his/her portion of the premium. Group health care coverage will cease if the employee's premium payment is more than thirty(30)days late,but the employee will be notified at least fifteen (15)days before coverage lapses. Additionally, if the employee fails to return from leave,the City will require repayment of any premium that was paid for maintaining the health coverage for the employee, unless the employee does not return because of a continuing or recurring serious health condition of either the employee or a covered member,or because of other circumstances beyond the employee's control. Employees are not entitled to other benefits or seniority accrual during the FMLA leave. 29 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers b. Any changes in benefit plan provisions and costs may apply to individuals on FMLA leave the same as if they were actively employed,according to the terms of the applicable plan. Section 7.10.8 Returning from Leave a. Employees who return to work from FMLA within or on the business day following expiration of the twelve(12)weeks are entitled to return to his or her same position or to an equivalent position with equal benefits,pay or other terms and conditions of employment. The City may choose to exempt certain highly compensated("key") employees from this requirement and not return them to the same or similar position. b. If you take an Employee Medical Leave,you will be required to provide medical certification that you are fit to resume work. Employees failing to provide the Return to Work Medical Certification Form will not be permitted to resume work until it is provided. Section 7.10.9 Reporting While on Leave The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Section 7.10.10 Intermittent and Reduced Schedule Leave FMLA leave because of a serious health condition may be taken intermittently(in separate blocks of time due to a single covered health condition)or on a reduced work schedule(reducing the usual number of hours an employee works per work week or workday) if medically necessary. If FMLA leave is unpaid,the City will reduce the employee's salary based on the amount of time actually worked. In addition, while the employee is on intermittent or reduced schedule FMLA leave,the city may temporarily transfer the employee to an available alternative position that better accommodates the employee recurring leave and which has equivalent pay and benefits. Section 7.10.11 Policy Administration This policy is intended to comply with and will be administered in accordance with the Family and Medical Leave Act of 1993 and any applicable regulations, definitions and law there under,as well as any state family or medical leave laws granting additional rights that are applicable to employees employed in Illinois. Section 7.10.12 Interrelation of Leaves Any leave taken pursuant to this policy, other City policies, a collective bargaining agreement, or law which qualifies as leave under the FMLA or any applicable state family or medical leave act,will be counted against the employee's available leave under the applicable City policies, collective bargaining, and/or law,as well as the available leave under the FMLA or applicable state law,to the extent permitted by such applicable law. Section 7.11 Benefits While on Leave 30 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers a. Time spent on extended unpaid leaves of absence may not be counted as creditable service for pension purposes. Further,if an employee goes on an approved,unpaid leave of absence for a period in excess of thirty(30)calendar days and wishes to continue to be covered by the City's health or life insurance, he or she will be responsible for payment of the total monthly insurance premiums unless otherwise provided by law. b. It is the policy of the City NOT to request the City Council to grant IMRF Pension Credit and Death and Disability Protection Leave Authorization for an employee going on unpaid discretionary leave of absence. c. Upon return,the City will place the employee in his or her previous assignment,if vacant,the employee will be placed in the first available assignment according to the employee's seniority,where skill and ability to perform the work without additional training is equal. If,upon the expiration of a leave of absence,there is no work available for the employee or if the employee could have been laid off according to his seniority except for his leave,he shall go directly on layoff. d. Employees will maintain their employment status and previously accrued benefits while on approved paid leave. Except where otherwise noted, employees will continue to accrue benefits during the time they are on approved paid leave from City service. e. Unless otherwise stated or otherwise required by law, length of service shall not accrue for an employee who is on an approved non-paid leave status. Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. Unless otherwise stated, an employee returning from leave will have his seniority continued after the period of the leave. Section 8 Employee Benefits All employees will be required to notify the employer of any changes in address or other personal information. Section 8.1 Health and Life Insurance Coverage a. All full-time and eligible part-time employees are covered under the City's health insurance plan. There may be a waiting period before new employees are eligible for coverage. After completion of the waiting period, insurance shall begin on the first day eligible as determined by the health insurance policy then in effect. The City agrees to pay the premium thereafter for employees and their dependents,except for$1/month participation by the employee and the City reserves the right to change the monthly participation fee. The City will make every effort to provide employees with a ninety (90)day written notice of any proposed change. b. The City shall provide life insurance for full-time and eligible part-time employees, in the amount of$50,000. Spouses will be insured at$5,000 and dependents at$2,000. 31 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers c. Summary plan descriptions(SPD's),which explain coverage of your health and life insurance benefits in greater detail are available from the Accounting Clerk. The actual plan documents,which are available by making a written request to the Accounting Clerk,are the final authority in all matters relating to the benefits described in this Manual or in the summary plan description and will govern in the event of any conflict. Additionally,the City reserves the right to change insurance carriers,change health maintenance organizations,self-insure,and/or change or eliminate any benefits at any time with a ninety(90)day notice,when practical in accordance with applicable law. Section 8.2 Pension Participation Section 8.2.1 Eligibility All employees who work 1,000 hours or more per calendar year are covered by the Illinois Municipal Retirement Fund(LM.R.F.)pension to which the City and employees shall contribute. Section 8.2.2 Military Service Credit(Appendix L) All employees who were in active participating status under IMRF on the date of June 14,2001 shall be allowed service credit to employees who served in the armed forces of the United States for up to two (2)years of service,prior to their participation in the Illinois Municipal Retirement Fund Section 8.3 Vision and Dental Assistance Employees and dependents shall receive the following vision and dental assistance in total. The amounts listed below may be increased from time to time by resolution. Please check current records. Employee $300 per year Dependents $250 per year per dependent Note: An employee may opt to utilize an eligible coverage for himself or herself and/or his or her dependents,for one or more individuals of his family. a. Bills must be paid by employee, and the employee will be reimbursed. Reimbursement requests must be submitted to the Department Head for approval. b. Employees may rollover remainder dental/vision funds for a time span of three(3)fiscal years to allow them to use the benefits cumulatively. (Appendix M) The maximum dollar amount an employee may keep accumulated is$3000. Section 8.4 Continuation of Medical Coverage An employee,who would otherwise lose group health insurance coverage because of a reduction in working hours or the termination of employment for reasons other than gross misconduct, is eligible to continue under the City's plan up to 18 months or for such other period time prescribed by law. The City will notify an employee of the time period for which continuation coverage may be provided. If an employee elects to continue coverage, he or she will be responsible for payment of the full premium, which amount may change from time to time. 32 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers Section 8.5 Uniform Allowance The City shall provide uniforms for all full-time and eligible part-time employees,required to wear uniforms. Replacement shall be provided, as authorized by the Department Head. The specifics of uniform style shall be defined in Departmental Policy and approved by the City Council. Section 8.6 Education and Training a. The City shall pay all expenses including wages at"regular" pay,travel,and training fees for any full-time or approved part-time employees enrolling in "required"training courses. b. All requests by an employee for the enrollment to a college degree or certificate program must be submitted by the Department Head to the Mayor and City Council for approval. Then all courses related to the program shall be eligible for payment subject to budget approval.This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval.Furthermore,the employee shall provide a grade or transcript to the Department Head upon the completion of each course.Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. c. The City may pay all expenses of an elective course. An elective course is one that may benefit the City by added knowledge,but is not directly related to City operations. d. The tuition and fees only(no books or materials)of an elective or required course will be paid through direct billing from the appropriate school.The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply: if a grade of a C-average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a C-average is attained,the employee will be required to pay back 100%of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. e. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form (Appendix N)for all employees who attend training outside the Chicago Metropolitan area. f. If arrangements can be made with company or institutions that are more advantageous to the City, efforts will be made to benefit from those arrangements. Employees taking off- shift classes that are required shall be paid at their regular rate of pay, including mileage. g. When seminars are deemed in the best interest of the City by the Department Head and the appropriate City Council Committee,only Committee approval is needed to send an employee to the seminar and pay expenses incurred. However, if the seminar or conference is stated within the narrative of the budget this constitutes approval. 33 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers In addition, all out-of-state travel for meetings/seminars/training/conferences that have numerous locations the Department Head must select the most cost effective destination. For any request that is not included within the narrative of the budget the Department Head must receive approval by the Mayor and the appropriate City Council Committee_ h. Educational stipends will be paid for education in their related field over that required for entry level of that position as follows for all full-time non-bargaining employees: Associate Degree or 60 Credit Hours 2% Bachelor's Degree 2% Master's Degree 2% This stipend is applicable only to one(1)degree beyond that necessary for entry level of that position except that all are eligible to earn up to the Bachelor Degree level as outlined above(one-time annual salary adjustment.) Section 8.7 Travel Expenses Meals and Lodging. Employee's lodging and meal expenses shall be covered as a maximum reimbursement per diem while traveling on City Business. A Department Head will submit a per diem request prior to the event with his/her signature to the Accounting Clerk for bill list issuance of a check of the receipts may be submitted after the event for reimbursement of the actual amount spent up to a maximum of$40 per day for meals. Per Diem will not be paid for a meal included with the price of registration of the event. The$40.00 per day allowance for meals will be broken down as follows: $10.00 for breakfast, $10.00 for lunch, and$20.00 for dinner. Lodging will be set at a standard/Government/conference rate not to exceed$150.00 per night and prior approval from the Department Head must be obtained for any and all increases to this amount for lodging. The Meals, Mileage and Lodging form must be submitted,but if the amounts are greater than the above, receipts must accompany the form and have the Department Head's approval. Section 8.8 Internal Revenue 457 Deferred Compensation Plan(Appendix 0) The City offers for all full time employees to participate in an Internal Revenue Code 457 Deferred Compensation Plan, which creates the opportunity for financial benefits and favorable tax treatment on the part of its employees. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. Section 8.9 Employee Credit Union(Appendix P) The City offers for all employees to participate and become members of the Aurora Earthmovers Credit Union. The City will assist in any necessary or required deductions and payments to the Aurora Earthmovers Credit Union for any of the employees who become members. The employee contacts the Human Resource Clerk to receive and complete the appropriate documents to enroll in the plan. 34 United City of Yorkville Employee Manual Final 01-29-04 Revisions from Attorney Smith&Rogers APPENDICES A. Employee Manual Acknowledgement Form B. Board of Fire and Police Commissioners—Ordinance#2001-40 C. Employment Background Check Wavier and Release of All Claims Form D. Equal Employment Policy—Resolution#1993-18 E. Employee Assistance Program Resolution#1996-10 F. Drug Free Workplace Policy—Resolution# 1993-17 G. State Gift Ban Act—Ordinance#1999-12 H. Safety Policy Resolution#1997-08 I. Vehicle Policy-Approved 12/8/00 J. E-Mail,Voice mail,Computer and Office Equipment Acknowledgement Form K. Family Medical Leave Act Leave Request Form L. Illinois Municipal Retirement Fund Service Credit for Military Service-Resolution#2001-31 M. Accrual of Dental and Vision Benefits—Resolution#2001-23 N. Off-Premise Training Hours Worked Agreement O. Internal Revenue Code 457 Deferred Compensation Plan for Employees—Resolution#1994-16 P. Credit Union—Resolution#1996-02 Listing of Appendices I United City of Yorkville County Seat of Kendall County �tC ,p ITYO .� J0 Th IA EST. • 1836 -‹ ,-,' . U) O :, 3 :i..- ,','.:::Z' rE, ,r'�2� l.k`E `‘' ANNUAL SERVICE REPORT 2003 1 _..,. f •iSettled 1834 t THE /g,(,e0/frfe/ • UNITED CIT Y OF . yolaxviiLLE "A character Counts community" M `✓ Arthur E Prochaska J1 , Mayor 2003 Annual Service Report to the City Council United City of Yorkville 2003 Annual Report to the City Council ADMINISTRATION • Aurora Area and Convention and Visitors Bureau agreement • Expansion and improvements of City Hall & =� Police Department mart • Updating of the Employee Manual r . � : • NIU Illinois Municipal Assistance Program = . government & municipal practices assessment N<< - ` • Illinois Municipal League Innovative Showcase , -r -; Display- Chicago, IL • Conducted a City-wide volunteer appreciation day and the employee recognition night • Designed and implemented development flow charts • US Hydro-geological Study for groundwater analysis • On going Rob Roy Creek flood study • Created organizational charts for all departments • Ad - hoc Tourism Committee established • Implemented consent agenda format • Improved procedures & re-organization of Clerk's Office • Assisted with the ongoing Library expansion project • Land Cash Value Analysis -Amended Land Cash from $45,000 to $58,500 • Coordination of Special Census o Final population count of 8,749 est. o Additional annual revenue $200,000 est. INTERGOVERNMENTAL COORPERATION • Annual Riverfront Festival 141110 • Coordination of the Fire Protection District station . ,i A, sites -# • Coordination of the School District site locations • Intergovernmental agreement with School District =. • Yorkville Bristol Sanitary District agreement NEW SUBDIVISION DEVELOPMENTS / ANNEXATIONS • Heartland Circle - 250 units / 135 acres 2003 Riverfront Festival • Raintree Village - 642 units / 300 acres • Grande Reserve - 2646 units / 1040 acres • Whispering Meadows - 445 units / 300 acres • Prairie Meadows - 442 units / 140 acres • Longford Lakes - 62 units / 20 acres • Reserve at Fox River- 128 units / 10 acres • Windett Ridge - 280 units / 170 acres 2 2003 Annual Service Report to the City Council United City of Yorkville NEW BUSINESS DEVELOPMENTS • Cannonball Run Plaza • Tucker Development (ongoing) • Menards Commercial Development (ongoing) • Prairie Gardens Business Center • Steven's • Narvick Concrete • Duy's Shoes • Union Bank • Aurora Earthmovers Credit Union • Yorkville National Banknal Bank ex41= { 13 HUMAN RESOURCE44, • Full time receptionist for Recreation Department • Full time receptionist for City Hall • Part time receptionist for Public Works 4\tk, • Full time Engineering Assistant • Full time Water Department Maintenance Worker I CPR&First Aid certification • Two Full time Street Department Maintenance Worker I • 3 Full time Police Officers • Full time Engineering Technician • Seasonal College interns • City-wide Internship program established CITY ORDINANCES • 79 ordinances and 45 resolutions adopted • Creating a wetlands protection ordinance • Controlled burn ordinance • Water connection fee ordinance • Soil erosion and sediment control ordinance CITY'S WEB PAGE / TECHNOLOGY • Contracted Web Master and updated Web site • Identification of city-wide technology needs • RFP for technology enhancements • Established City Ad — hoc Technology Committee PROFESSIONAL SERVICE AGREEMENTS • Engineering Enterprises Inc. - Engineering Services (plan review, water works improvements, GIS) • Smith Engineering (Transportation study and in-town road program) • International Codes Consultants Inc. (Building and Zoning) • Walter E. Deuchler Associates — Sanitary sewer engineering 3 2003 Annual Service Report to the City Council United City of Yorkville rl FINANCE • Financing plans established for Radium Compliance, Bruell Street sewer, Countryside sewer, Hydraulic interceptor ‘11\ projects -�'"' - t• ate: • Funded $4.8 million Debt Certificate the Radium Compliance Project 1- = • Funded $2.035 million Illinois Rural Bond � ..':'"yttiYY'i:ia- e:3= .'+Yif1;£..SRrb'�1t'A.af.4'�."r 1v�. .3• Bank Pooled Debt Certificate for Bruell Street Sewer Project • Established and passed first Special Service Area (SSA) bonds o Raintree Village - $7,030,000 o Windett Ridge - $6,900,000 • Resolution of Official Intent Approved for $60 million Grande Reserve SSA • GASB 34 compliance preparation • TAX LEVY o Passed a decreased Tax UNITED CITY OF YORKVILLE TAX LEVY RATES Levy rate from .8674 to.7774 1 o Estimated increased o s . « } revenue of $168,975 0.4 L4,4 ty�,g ; a -_ _ _ o City Equalized Assessed j 0.2 1 .::: p LIBRARY Valuation increase of 24.8% 0 2000 2001 2002 2003 YEAR UNITED CITY OF YORKVILLE EQUALIZED ASSESSED VALUES $250 (IN MILLIONS) $200 43511A $150 4y , 1p s $100 1titi ,,1� $50 - $0 2000 2001 2002 2003 Estimated 4 2003 Annual Service Report to the City Council United City of Yorkville • Completed and approved 2002-2003 Audit • Completed and approved 2002-2003 Treasurer's Report • Developed and approved 2002-2003 Revised Budget • Developed and approved 2003-2004 Fiscal Year Budget United City of Yorkville Budget 2003/2004 General Fund Summary •Finance$3,272,297 7%9 1 ®Engineering$197,415 IIIIIIV x , yF ❑Police$1,611,910 26% et' 54% ❑Streets&Alleys$517,930 3% 0 Health&Sanitation$396,613 •Building&Zoning$89,400 $6,085,565 Total Budget United City of Yorkville General Fund Revenue Summary 7,000,000 0 c) CD 6,000,000 0 b 5,000,000 I Cin {` !-..4-,..,,:`,i'.. ■ ..,et3 - t ,i, , a I 4,000,000 pr--„Ami „i - 1 ' ' 3,000,000 I1 ,.b FS' ■a ° e . T ... =-,;',7:,2,000,000 ■ ,- �1 ■ ” 1,000,000 .J Ir4"-':,.:' ■ ■ FY 00/01 FY 01/02 FY 02/03 FY 03/04 Budgeted • Training, conversion & implementation of new accounting system — Municipal Software Inc. • Implemented auto deduct program for utility billing • Implemented senior discount for refuse service - $1 per billing cycle • IPRA Joint Purchasing Arrangements City-wide • Completed lease arrangements for City-wide copiers 5 2003 Annual Service Report to the City Council United City of Yorkville PUBLIC WORKS AND ENGINEERING • Creation and adoption of Snow Removal and Ice Control Plan • New City entry way signs • Geographical Infrastructure System (GIS)— implementing city wide GIS database • Adopted Public Works maintenance standards Engineering • Designed Countryside interceptor and pump ` station , t1.4-1 , - ,.. • Subdivision ordinance revisions • 3 Water tower projects — water works NY ' s- " ". improvements adding 3.75 million gallons of ,' _2=:+ Q r storage to the city _-.— _ '.- • Public sidewalk replacement program — s" � Y �` • Began In-town road program engineering • Certificate of Occupancy inspections "--. - - • Annual pavement maintenance programs v:t"�- - .` - � • Zoning map updates • Over 45 in-house plan review projects • Construction administration for over 17 business & residential development projects • Supervision of 8 subdivisions' consultant plan review Sewer Projects • Rebuilt Gawne Lane lift station • Rebuilt Blackberrylift station 2',r - ��= • Implemented City-wide sanitary sewer jetting ,� ., ' program • 1 • Major repair of Woodworth lift station . R ,:, " t 4, . • Sewer main repair Mill Street rj k- 41 sit; , , . or ,. T �, it--y� - `` `Jtl Y'• \ \ r max.3--'.`-:W�'kte e i . 4 +{[ r aye 7 6 • 2003 Annual Service Report to the City Council United City of Yorkville 1 v t4 Water Projects • , i1 • Installed, repaired or replaced 475 water meters • Mill and Van Emmon water main project • Completed City-wide semi-annual hydrant flushing • Conducted State and Federal EPA water sampling i • Installation of water service to Beecher Park • Repaired 15 water main breaks • Liberty Street water main project 0, r-� oNI1EOCm 0i eogNNE • Radium compliance projects d ..41=41%=. Engineering Enterpuses.Inc CBI Constructors.Inc. 17: v.Arrsik _e t � mit✓'�_,V ,p1!" „s"h1f Street Projects • City-wide: 6 regular and 2 special brush removals • Street maintenance repairs • 2 City-wide leaf pick ups • City Hall employee parking lot construction • Street Rehab Projects — $140,000 o Apple Tree Court — roadway & water main improvements o Dickson Court— roadway improvements WASTE MANAGEMENT • Residential Refuse — 2229.75 tons • Residential recycling — 1140 tons • Yard waste —600 cubic yards • Over 80% recycling (highest in Kendall County) • Service to approximately 2,600 units BUILDING AND ZONING • 894 total building permits issued (2002 — 806 permits / 2001 — 431 permits) o 382 residential o 35 commercial/industrial o 477 miscellaneous (deck, fence, sheds, pools...) • Conducted 320 hours of property maintenance inspections • Increased staff support (permit clerk, zoning technician, building inspector) 7 • 2003 Annual Service Report to the City Council United City of Yorkville PUBLIC SAFETY • Developed Disaster Plan ;11 _ „Ilt ;+4 • National Night Out community event ._ :. • DARE Program K— 8th grade • Neighborhood Watch program 1 f • Safety Town program !� - -_ • •Citizens Police Academy r aitu„Th. , • Citizens Police Academy Alumnae — ', a � � ~� assistance with various Police/City events . ,,�� '� I � , .- • Child Car Seat Safety Check Safety Town with McGruff i PARK AND RECREATION , ., • Adoption of the Parks Master Plan • Adoption of the Parks Maintenance Standards ; • Completion of a NIU Community-wide survey • Secured Funding of $4,241 through Illinois Clean *?, ,` . ,. + ' Energy ` , t • ,, • Adoption of the Athletic Field use policy -_ ,t' x :1 ,. • Completed the Aquatic Center feasibility study .. , • Established a scholarship/grant program , ' • Established Departmental and employee goals .?. ,tV t • Implemented semi-annual Park Tours Halloween Egg Hunt • Implemented a Park naming policy • Implemented the documentation of vandalism reports & procedures • Developed a Park Board Manual • Established a cooperation with CORLANDS and Kendall County Forest Preserve for the purchase of the Boy Scout Camp • Implemented new programs, some highlights include: co-ed softball, camping in the park, preschool days, teen advisory council, street dance, caroling in the park, etc... Park Development , , f.4t,° 4 • Construction of baseball field at Fox West • Construction of parkinglot at Van Emmon P 1a '�, rx * • City-owned ball fields rehabbed , yt 'r''7`S``' , '' N • Concession stand at Beecher Park �St �{ '4..i. t ,.-s• r,-, - -r • Bidding of proposed Shelter at Riverfront fit, -, - , 7 ,,,,zia Park— proposed construction ; r '„�<} „'V,4 �.� ,_� -F- • River's Edge new park design — also ...5-,:.....0.,,,-_,,..;, applied and secured a $74,000 Open Space Land Acquisition & Development Grant 8 s " 2003 Annual Service Report to the City Council United City of Yorkville • Country Hill Park design • Certifications by various Parks staff: o Playground Safety Instructor o Controlled Burn Management o Re-certified in CPR & first aid • Secured quality part-time summer staff Land Acquisition • Facilitated the identification and securing the Proposed Gilbert Park property • Coordinated the acquisition of the West Hydraulic Greenway from CorLands — secured a $100,000 Caucus Open Land Trust Grant from the Illinois Department of Natural Resources i I:4'- - -.1 - i°"-:41 -1.41.*:* #111 ...",.......t ""r-ie: . " a,tem 1 . :;..1" `.....7.:47 »v. . - . - --,..4 .rt , .:2, -z,x,...,` '} Co-Ed Softball Music under the stars 4 V , ' '4"Y 4` _ V Illti i4 , , Ic_. r !",.n; t , its , 9