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Committee of the Whole Packet 2004 09-21-04 United City of Yorkville County Seat of Kendall County EST.14 bLjulai 1836 800 Game Farm Road Yorkville, Illinois 60560 Phone:630-553-4350 $ K � v Fax 630-553-7575 AGENDA 41.E NN' COMMITTEE OF THE WHOLE Tuesday, September 21, 2004 7:00 p.m. City Conference Room Special Action Item: 1. United City of Yorkville Hoover Use Agreement Public Hearing: None Presentations: 1. PC 2004-15 Evergreen Farm— Concept Plan - PC 9/8/04 2. Yas/Fischel Scope of Service and Contract for Facility Master Plan Detail Board Report (Bill List): Items Recommended by Committee for Consent Agenda: 1. Building Permit Report for August 2004 - EDC 9/20/04 Mayor: 1. Coffee with the Mayor: Yorkville Chamber of Commerce on September 25th from 9:00 - 11:00 a.m. 2. Resolution Establishing Time and Place for Countryside Center TIF Public Hearing 3. Development Attorney Recommendation by Mayor / Staff 4. Overlay Ordinance 5. Heartland Circle Reimbursement - Johnson Street Watermain 6. Yorkville Intermediate School Public Dedication October 13th at 6:00 p.m. - Open House until 8:00 p.m. Economic Development Committee: 1. Fire Department Request for Development Fee for Facility Planning Study — EDC 7/21/04 & COW 9/7/04 2. Revised Landscape Ordinance - EDC 8/19/04 & COW 9/7/04 3. Appearance Code - EDC 8/19/04 & COW 9/7/04 Page 2 Committee of the Whole September 21, 2004 Economic Development Committee (con't): 4. Fox Hill Amendment to Annexation and Planned Unit Development Agreement - CC public hearing 9/14/04 5. PC 2004-13 Raintree Village Units 4, 5, & 6 Final Plat - EDC 9/20/04 6. Fox and Kendall Township Land Resource Management Plan Update — Schedule and Request for Funding Assistance - EDC 9/20/04 Park Board: 1. Beecher Parking Lot RFP Results Public Works Committee: 1. Subdivision Control Ordinance - COW 8/17/04 & COW 9/7/04 Public Safety Committee: 1. No Report Administration Committee: 1. Budget Summary Report for July 2004 - Update - Admin 9/9/04 2. Payroll Direct Deposit - Update - Admin 9/9/04 3. MU Graduate Internship Program Contract — Admin 8/12/04 & COW 9/7/04 4. Salary Survey: Mayor, Aldermen, Clerk, and Treasurer - Admin 9/9/04 Additional Business: Prepared by and after recording return to: David Neboyskey McGuireWoods LLP 77 West Wacker Drive,Suite 4400 Chicago,Illinois 60601 (312)849-8235 fax: (312)849-8236 USE AGREEMENT This USE AGREEMENT (this "Agreement"), dated as of August 2004 with an effective date of December 19, 2003 (the "Effective Date") is entered into by and between Chicago Area Council, Inc. Boy Scouts of America, an Illinois not-for-profit corporation ("Council"), Corporation for Open Lands, an Illinois not-for-profit corporation ("CorLands"), Kendall County Forest Preserve District, a body politic ("FPD") and the United City of Yorkville, a body politic ("Yorkville"). WITNESSETH: WHEREAS, Council and CorLands are parties to that certain Purchase and Sale Agreement, dated as of November 20, 2003 (the "Purchase Agreement"), pursuant to which CorLands has agreed to purchase from Council those certain parcels of real estate between Fox Road and the Fox River in Bristol, Fox and Kendall Townships, Kendall County, Illinois, consisting of approximately 408 acres and legally described on Exhibit A attached hereto and made a part hereof(the"Property"); and WHEREAS, pursuant to the Purchase Agreement, the Property has been divided into three (3) separate parcels, such parcels to be known as "Parcel A", Parcel B" and "Parcel C", as described on Exhibit B attached hereto and made a part hereof; and WHEREAS, the Purchase Agreement provides that the closing of the transactions and transfers of Parcel A, Parcel B and Parcel C shall take place at separate times; and WHEREAS, following the closing of the transfer of Parcel A from Council to CorLands which occurred on December 19, 2003, CorLands is the legal owner of Parcel A;and WHEREAS, the closing of the transfer of Parcel B from Council to CorLands is currently scheduled for June 2004, and the closing of the transfer of Parcel C from Council to CorLands is scheduled for May 2005; and WHEREAS, it is the intention of CorLands to transfer the Property to FPD for the eventual use of the Property as a forest preserve; and WHEREAS, CorLands, FPD and Yorkville are parties to that certain Lease Agreement dated as of November 25, 2003, as amended (the "Lease"), pursuant to which the legal relationship among the parties with respect to the Property is confirmed;and WHEREAS, the Purchase Agreement requires the parties hereto to enter into this Agreement in order to memorialize the permitted uses and development of the Property. NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. First Use Period. (a) For the period from the Effective Date through and including August 31, 2004 (the "First Use Period"), Council shall have exclusive use of the Property. During the First Use Period, Council shall maintain and use the Property for the purposes and in a manner substantially similar to the manner in which the Property had been maintained by Council prior to the Effective Date;provided, however, Council shall not be required to maintain the swimming pool on the Property for use but shall perform any necessary maintenance to preserve the swimming pool in its present condition, ordinary wear and tear excepted, with no obligation to incur capital expenditures therefor. At the expiration of the First Use Period, Council shall perform any maintenance reasonably necessary to prepare the swimming pool for the transfer to CorLands. During the First Use Period, Council shall maintain general liability insurance with limits not less than the limits of such insurance maintained by Council immediately prior to the Effective Date. CorLands, FPD and Yorkville shall be named as an additional insured under such insurance. (b) During the First Use Period,the general public shall have access to those portions of the Property owned by CorLands, FPD or Yorkville for uses that do not interfere with Council's activities and operations on the Property. (c) The parties agree that responsibility for maintenance of the pool will transfer from Council to CorLands after the expiration of the First Use Period. Council acknowledges that CorLands shall transfer to FPD and Yorkville all responsibility for maintenance of the pool pursuant to the Lease and all of the parties acknowledge that, upon the expiration of the First Use Period, FPD and Yorkville shall not use the pool. Notwithstanding the above, Council may choose to continue its use of the pool after the expiration of the First Use Period; provided, that, in such event, Council shall be responsible for maintenance and upkeep of the pool. Council agrees and releases CorLands from all liability and claims related to the Property (except for liabilities and claims resulting from the negligence or willful misconduct of CorLands or any of its representatives or agents)and agrees to look to FPD and Yorkville regarding the aforesaid. (d) The parties agree that Council shall continue to use and maintain all buildings on the Property after the expiration of the First Use Period, subject to the rights of CorLands, FPD and/or Yorkville set forth in Section 4. 2 2. Preferred Use Period. (a) For the period beginning at the end of the First Use Period through and including December 31, 2007 (the "Preferred Use Period"), Council shall have the preferred use of the Property. (b) As described in Section 4(b), Council shall have the right to provide CorLands, FPD and Yorkville with a list of dates (the "Designated Dates") on which Council desires to use all or a portion of the Property and shall designate the portions of the Property (the "Designated Areas") that Council desires to use on the Designated Dates. The Designated Dates for 2004 are attached hereto as Schedule I. Council shall have the right to use the Designated Areas on the Designated Dates. Use of the Property by Council shall be in conformance with the General Use Ordinance and Rules of the FPD (as attached hereto as Schedule II and made a part hereof) and applicable ordinances and rules of Yorkville. CorLands, FPD and/or Yorkville (i) shall not commit to another person or group to use the Designated Areas on the applicable Designated Date or Designated Dates, and(ii)shall not grant reservations to any group prior to reviewing the list of Designated Dates for the Property. On or after January 1 of any year during the Preferred Use Period, CorLands, FPD and/or Yorkville may commit to permit another person or group to use all or any portion of the Property during that calendar year except the Designated Areas on the Designated Dates. Upon Council's written request, CorLands, FPD and Yorkville agree to provide a list of reservations that such party has granted for use of the Property for the subsequent ninety(90) days. (c) During the Preferred Use Period, the party holding legal title to each respective parcel shall maintain general liability insurance for such parcel with limits not less than the limits of insurance maintained by Council immediately prior to the Effective Date. All parties hereto shall be named as additional insured under such insurance. (d) During the Preferred Use Period, Council shall be permitted to retain and bring on the Property any and all personal property and equipment that Council determines are necessary or useful in the conduct of its activities on the Property. (e) At the closing of the acquisition for Parcel C, the parties agree that responsibility for maintenance of all structures on Parcel C (except for the water/sewer system as discussed in Section 7 hereof), shall transfer to CorLands. 3. Use of the Property. (a) All of the parties hereto may use the Property or permit the Property to be used in a manner consistent with Council's Guidelines for Use and the General Use Ordinance and Rules of the FPD (as attached hereto as Schedule II) and applicable ordinances of and rules of Yorkville. The following uses/activities are not permitted on the Property: alcoholic beverages and other controlled substances, hunting, fixed knife blades, firearms, fireworks, and aerosol cans. Unless as otherwise noted herein, (i) no activity which involves leasing or allowing the use of the Property by a third party for rent or any types of fee or payment may occur on the Property without the prior written consent of the owner of the parcel upon which the activity is to take place, (ii) no group larger than 25 persons may use the Property without the prior written consent of the owner of the parcel upon which the activity is to take place, and (iii) no overnight camping is allowed without a permit from the owner of the parcel upon which the camping is to take place. Household companion pets may be brought onto 3 the Property provided that such pet is physically controlled by its owner by leash or other device, and such owner removes all waste products. Notwithstanding the above, Council may continue to camp on the Property and permit camping and rental usage of the Property, provided that such activities conform with Council's past use of the Property. Council may not make any physical alterations to the Property, including the creation of trials or clearing of trees (unless Council determines that certain trees create a public health risk). (b) Notwithstanding Section 3(a), Council may engage in the use of BB guns, archery and other similar activities provided that such activities are contained within restricted areas and such activities are performed under adequate supervision. Additionally, prior to the performance of such activities, Council shall properly prepare the sections of the Property that may be affected by such activities. Such preparation may involve closing off sections of the Property to the general public. Council certifies that the ranges upon which the activities are to take place are within safety guidelines as established by the Boy Scouts of America. 4. Alterations to the Property. (a) CorLands, FPD and/or Yorkville shall make no physical alterations to the Property or any portion thereof during the First Use Period without the prior written consent of Council. During the Preferred Use Period, CorLands, FPD and/or Yorkville shall provide written notice to Council at least one hundred eighty(180) days prior to commencing any physical alterations of the Property. For purposes herein, "physical alterations" shall include, but not be limited to, the demolition of any existing buildings or structures on the Property, the construction of any new building or structure, and the construction of any roads and/or parking lots within the Property. No physical alterations may interfere with the use of the Designated Areas on the Designated Dates. CorLands, FPD and/or Yorkville agree to secure construction sites so as to avoid the presence of an attractive nuisance. (b) During the Preferred Use Period, the parties hereto agree to participate in an advisory meeting on or about December 1 of each year (the "Advisory Meeting"). The purpose of the Advisory Meeting is to discuss the uses and developments for the Property for the following calendar year, including, but not limited to, the construction schedule for the Property for the following calendar year and the schedule of Designated Dates for the following calendar year. 5. Indemnification. (a) Council hereby agrees to indemnify and hold harmless CorLands, FPD and Yorkville for any actual damages (including reasonable attorneys' fees) suffered by such party as a result of acts performed by or use of the Property by Council, its employees, agents, representatives, assigns, contactors, invitees or licensees; provided, however, that such indemnification shall not apply for damages resulting from actions caused by willful misconduct or negligent or reckless behavior by CorLands, FPD, Yorkville, or any of their respective employees, agents, representatives, assigns, invitees, or licensees.Notwithstanding the foregoing, the foregoing indemnity does not extend to any costs related to rebuilding or restoring any of the buildings on the Property. (b) Each of CorLands, FPD and Yorkville hereby agrees to indemnify and hold harmless Council for any actual damages (including reasonable attorneys' fees) suffered by Council as a result of acts performed by or use of the Property by either CorLands, FPD, 4 Yorkille, or any of their employees, agents, representatives, assigns, contractors, invitees or licensees; provided, however, that such indemnification shall not apply for damages resulting from actions caused by willful misconduct or negligent or reckless behavior by Council, or any of its respective employees, agents, representatives, assigns, invitees, or licensees. Notwithstanding the foregoing, the foregoing indemnity does not extend to any costs related to rebuilding or restoring any of the buildings on the Property. 6. Signage. CorLands, FPD and Yorkville shall be permitted to place signs on the Property which identify the ownership and permitted uses of the Property for the purpose of informing the public of the permitted uses of the Property. However, any signs placed on a parcel owned by Council at the time of installation shall be subject to the prior approval of Council, such approval not to be unreasonably withheld. 7. Water/Sewer System and Utilities. (a) The parties acknowledge that the water and sewer system for the Property is located on Parcel C. As consideration for its continued use of the Property, Council agrees to perform normal m.intenance on the water and sewer system until the expiration or termination of the Preferred Use Period. In the event of a malfunction of the water and/or sewer system,the party that discovers such malfunction shall report the malfunction to the other parties. The cost of the repair shall be apportioned according to the parties' pro rata use of the utility, as reasonably agreed upon by FPD and Council. (b) The parties agree that utility expenses for the Property, including electric and water, shall be apportioned according to the parties' pro rata use of the utilities, as reasonably agreed upon by FPD and Council. The parties acknowledge that the swimming pool has a separate utility meter. Prior to the transfer of Parcel B, Council shall pay all utility expenses for the swimming pool. After the transfer of Parcel B, CorLands, FPD and Yorkville agree to pay all utility expenses for the swimming pool,unless Council has elected to continue its use of the pool as set forth in Section 1(c) above. In the event of such election, Council shall continue to pay all utility expenses for the swimming pool during each period of actual use of the swimming pool. 8. Caretaker of Property. The parties hereto acknowledge that a caretaker currently lives on Parcel C and provides various services to the Property, including maintenance of the Property and notification of the need for repairs. Council pays all expenses for the caretaker, and will continue to pay for such services so long as the caretaker remains on the Property. The parties hereto agree that the caretaker (i) shall not represent that he is acting on behalf of CorLands, FPD or Yorkville and (ii) shall not present himself as a ranger or peace officer and shall not have any authority to act in any official role on behalf of CorLands, FPD or Yorkville. Council reserves the option to retain the caretaker on the Property until the expiration of the Preferred Use Period. Council has the right to terminate the services of the caretaker at any time. 9. Access to Property. The parties acknowledge that Council currently has a license agreement with Illinois Railnet (the "License"). The License permits Council to have access to the Property across Illinois Railnet's tracks, located south of the Property. The License precludes use of the access as a public right of way. Council agrees to contact Illinois Railnet during the First Use Period to facilitate discussion on use of the access as a public right of way. CorLands, FPD and/or Yorkville, if necessary, agree to negotiate with Illinois Railnet in order to amend the 5 License to permit public access across the tracks. Council has no obligation to negotiate with the railroad and makes no representation or warranty regarding the ability to obtain the public right of way. 10. Remedies. The parties hereto may enforce the terms of this Agreement using any remedies available at law or equity, including injunctive relief to enjoin any activity in violation of law or prohibited under this Agreement. In the event that a dispute between the parties should result in litigation, the prevailing party shall have its reasonable attorneys' fees paid by the non-prevailing party in the dispute. 11. Amendment. This Agreement may only be amended, modified or terminated by a written instrument, executed and acknowledged by the parties, and thereafter duly recorded in the applicable recording office of the county in which the Property is located. The parties covenant to execute and record an agreement to terminate this Agreement at the end of the Preferred Use Period. Unless otherwise noted in writing, this Agreement shall automatically terminate on December 31, 2007 and be of no further force and effect. Council shall have the right to terminate the Preferred Use Period prior to December 31, 2007 by providing sixty (60) days' prior written notice to the other parties. 12. Protection of Environment. (a) The parties hereto agree not to take or permit any action on the Property that would be in violation of any applicable environmental law; provided that the parties acknowledge that any construction on the Property may result in the temporary storage or use of hazardous materials on the Property. Any party that is responsible for any violation of any applicable environmental law shall indemnify the other parties hereto and remedy such situation in a reasonably prompt manner. The parties shall not use, handle, store, transport, generate, release or dispose of(collectively, "use" or `using") any hazardous materials on, under or about the Property in violation of any environmental law. If a party using hazardous materials on the Property receives written notice of a violation thereof from any governmental or regulatory agency, such party shall immediately provide a copy of such notice to the other parties hereto. If the use of hazardous materials on the Property caused or permitted by such party using the hazardous materials results in the contamination or deterioration of the Property or any water or soil beneath the Property, such party shall promptly take all action necessary to investigate and remedy that contamination. (b) Notwithstanding anything contained in Section 12(a) above, the parties agree that the use and storage of normal quantities of household cleaning supplies (including chemicals necessary to maintain the pool) and gasoline to run equipment on the Property shall be permitted, provided that such use or storage shall be in reasonable conformance with past use and storage. 6 12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all such counterparts shall constitute one and the same instrument. 13. Governing Law. This Agreement shall be governed by the laws of the State of Illinois. [Signature page follows] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CHICAGO AREA COUNCIL, INC. BOY SCOUTS OF AMERICA, an Illinois not-for-profit corporation By: Print Name: Title: CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation By: Print Name: Title: KENDALL COUNTY FOREST PRESERVE DISTRICT, a body politic By: Print Name: Title: UNITED CITY OF YORKVILLE, a body politic By: Print Name: Title: 8 STATE OF ILLINOIS ) ) COUNTY OF ) On this _ day of , 2004, before me appeared , to me personally known, who, being by me duly sworn did say that (s)he is the of Chicago Area Council, Inc. Boy Scouts of America, an Illinois not-for-profit corporation, and that the foregoing instrument was signed in behalf of such company by authority of its board of directors, and such acknowledged the foregoing instrument to be the free act and deed of such corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 9 STATE OF ILLINOIS ) COUNTY OF ) On this day of , 2004, before me appeared , to me personally known, who, being by me duly sworn did say that (s)he is the of Corporation for Open Lands, an Illinois not-for-profit corporation, and that the foregoing instrument was signed in behalf of such company by authority of its managers or members, and such acknowledged the foregoing instrument to be the free act and deed of such company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 10 STATE OF ILLINOIS ) COUNTY OF ) On this day of , 2004, before me appeared , to me personally known, who, being by me duly sworn did say that (s)he is the of Kendall County Forest Preserve District, a , and that the foregoing instrument was signed in behalf of such company by authority of its managers or members, and such acknowledged the foregoing instrument to be the free act and deed of such company. IN I'BSTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 11 STATE OF ILLINOIS ) COUNTY OF ) On this day of , 2004, before me appeared , to me personally known, who, being by me duly sworn did say that (s)he is the of United City of Yorkville, a , and that the foregoing instrument was signed in behalf of such company by authority of its managers or members, and such acknowledged the foregoing instrument to be the free act and deed of such company. IN l'ESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 12 <C W 4 s 0 V Q a 0 N Schedule I Designated Dates A-3 \\REA\201174.1 Schedule II [Council and FPD rules and regsl A-4 \'REA\201174.1 First Amendment to Lease This First Amendment to Lease ("Amendment") is made this day of September, 2004 by and between CORPORATION FOR OPEN LANDS, an Illinois not-for- profit corporation, (the "Landlord"), and the KENDALL COUNTY FOREST PRESERVE DIS 1 KICT (the "District") AND UNITED CITY OF YORKVILLE, Illinois unit of local government (collectively, the"Tenant"). A. Landlord and Tenant have entered into a certain Lease dated November 25, 2003 (the "Lease") pertaining to property described therein on Exhibit A (the "Original Premises"). B. As of the date hereof, Landlord is conveying to Tenant the Original Premises and is acquiring the real property described on Exhibit 1 attached hereto and made a part hereof(the "New Land"). C. The parties hereto desire to delete the Original Premises from the Lease and substitute in its place the New Land and to make certain other revisions to the Lease as hereinafter set forth. NOW, THEREFORE, intending to be legally bound and in consideration of the premises and other good and valuable consideration, the parties hereto agree as follows: 1. The foregoing recitals are incorporated herein by this reference. Terms which are defined in the Lease shall have the same meaning herein except as are modified specifically by this Amendment. 2. As of the date hereof, Landlord is conveying the Original Premises to the District and accordingly, the Original Premises are deleted from the Lease. The New Land is being purchased by the Landlord and leased to Tenant pursuant to the Lease. Accordingly, the premises leased under the terms of the Lease shall be the New Land which hereafter shall be referred to as the"Land" as defined in the Lease. 3. Exhibit C of the Lease which sets forth certain permitted exceptions pertaining to the Original Premises is deleted and Exhibit 2 attached which pertains to the New Land hereto is substituted therefore. 4. Exhibit B to the Lease is amended in order to be applicable to the New Land as follows: (i) all of the terms set forth in Exhibit B are applicable to the New Land except as modified herein; (ii) Landlord will have both a first and a second loan to acquire the New Land and the terms of paragraph 1 are modified to allow the interest and costs in connection with both notes to be secured by the first mortgage and the second mortgage to be paid for by Tenant; (iii) paragraph 2 is modified to provide that 1 CHO1/12385551.1 9/14/04 2:18 PM the commitment fee is applicable to the purchase price for the New Land and shall be paid on a calendar quarterly basis; (iv) paragraph 3 is amended as the purchase price to acquire the New Land is $44,338.87, which is subject to an adjustment to further reflect the consumer price index changes which will be determined subsequent to the date hereof; however, after he adjustment is made, such new price shall be substituted for the $44,338.87 purchase price and such substituted price shall be the purchase price of the New Land; (v) paragraph 4 is deleted in its entirety; and (vi) Section B is amended to provide that Landlord's Staff fee of $6,000.00 is hereby deleted and replaced with $10,000.00 and shall be paid on date hereof. The remainder of Exhibit B remains unchanged and in full force and effect. 5. Except as herein specifically amended, the Lease is and shall remain in full force and effect and otherwise unamended. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day and year first above written. LANDLORD: CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation By: Its: TENANT: KENDALL COUNTY FOREST PRESERVE DISTRICT, an Illinois unit of local government BY: Its: TENANT: 2 CH01/12385551.1 9/14/04 2:18 PM THE UNITED CITY OF YORKVILLE, an Illinois unit of local government BY: Its: 3 CHO1/12385551.1 9/14/04 2:18 PM Prepared by and after recording return to: Barnett P.Ruttenberg,Esq. Gardner Carton&Douglas LLC 191 N.Wacker Drive Suite 3700 Chicago,Illinois 60606-1698 (Above Space for Recorder's Use Only) AMENDMENT TO RECIPROCAL ACCESS EASEMENT AGREEMENT This Amendment to Reciprocal Access Easement Agreement ("Amendment") is made and entered into this day of September, 2004, by and between Chicago Area Council, Inc. Boy Scouts of America, an Illinois not-for-profit corporation ("Council") and Corporation for Open Lands, an Illinois not-for-profit corporation ("CorLands"). A. Council and CorLands entered into a Reciprocal Access Easement Agreement made as of December 19, 2003 and recorded in the Office of the Recorder of Kendall County, Illinois on January 7, 2004 as Document No. 200400000512 (the "Easement Agreement"). B. The Parties desire to clarify the duration of the easements created in the Easement Agreement to avoid any ambiguity as to such term. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the parties hereto agree as follows: 1. Terms which are defined in the Easement Agreement shall have the same meaning herein as are therein set forth. The foregoing recitals are incorporated herein by this reference. 2. The Council Access Easement and the CorLands Access Easement, which are referred to in the Easement Agreement as the "Access Easements" are intended to be permanent easements that run with the land as stated in Section 11 of the Easement Agreement. In Section 1, Section 2 and Section 4, such easements are referred to as being "temporary" easement. Accordingly, any reference to an easement in the Easement Agreement as being a "temporary" easement is hereby deleted by excising the word "temporary", it being understood that the remainder of the text is then consistent with the purpose of the Easement Agreement. 1 CH01/12385549.1 9/14/04 12:39 PM 3. Except as herein specifically amended, the Easement Agreement remains unamended and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. CHICAGO AREA COUNCIL, INC. BOY SCOUTS OF AMERICA, an Illinois not-for-profit corporation By: Name: Title: CORPORATION FOR OPEN LANDS, an Illinois not-for-profit corporation By: Name: Title: 2 CH01/12385549.1 9/14/04 1239 PM STATE OF ILLINOIS ) ) SS: COUNTY OF ) On this day of September, 2004, before me appeared , to me personally known, who, being by me duly sworn did say that (s)he is the. of Chicago Area Council, Inc. Boy Scouts of America, an Illinois not-for-profit corporation, and that the foregoing instrument was signed in behalf of such company by authority of its board of directors, and such acknowledged the foregoing instrument to be the free act and deed of such corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 3 CHO1/12385549.1 9/14/04 12:39 PM STATE OF ILLINOIS ) ) SS: COUNTY OF ) On this day of September, 2004, before me appeared , to me personally known, who, being by me duly sworn did say that (s)he is the of Corporation of Open Lands, an Illinois not-for- profit corporation, and that the foregoing instrument was signed in behalf of such company by authority of its managers of members, and such acknowledged the foregoing instrument to be the free act and deed of such company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 4 CH01/12385549.1 9/14/04 12:39 PM 09/16/2004 14 53 FAX 630 553 5764 DANIEL J. KRAMER fi 002/003 ]] �'stS1 CST.` United City of Yorkville County Seat of Kendall County EST.j 1034 �1 BOO Game Farm Road ''--II Cl) Yorkville,Illinois 60560 W Ht p Phone.630-553-4350 Fav:530-553-7575 September 16, 2004 Arthur Prochaska,Maypr City Council Members • United City of Yorkville 800 Game Farm Rd. Yorkville,11 60560 RE: Yas Fischel Professional Planning Services for Municipal Facilities &Downtown Vision Plan Dear Ladies and Gentlemen: Please be advised that I reviewed the scope of services for the above referenced project and would recommend the following revisions: 1. Page 2 N: the Council needs to determine whether the reimbursable expenses should include a fifteen percent cost. 2. Page 2.V: I would recommend deleting the one percent interest per month on any overdue accounts as there are statutory remedies to address the matter. 3. Page 3.VIIILC: I would recommend deleting the mediation clause in its entirety, 4. I would recommend the inclusion of a termination clause whereby the City may terminate the services at any time for any reasons. I would recommend including language whereby the City retains ownership of any documentation or plans that have been prepared and received by the City. Should you have any questions or wish to further discuss the matter please feel free to discuss the matter please feel free to contact me. 09/16/2004 14 53 FAX 630 553 5764 DANIEL J. KRAMER a 003/003 Very Truly Yours, aA, Kramer, Attorney at Law KAKJcth __ t(,L I 1 7 ) Y A S / F I S C H E L PARTNERSHIP ARCHITECTURE + URBAN DESIGN 1 6 0 3 ORRINGTON AVENUE E V A N S T O N ILLINOIS USA 6 0 2 0 1 - 3 8 4 1 ❑ ❑ 0 0 0 0 ❑ 13 September 2004 Emailed this date Mr.Anton Graff City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Mr.Graff: Re: Professional Planning Services for a Municipal Facilities and Downtown Vision Plan Pursuant to our discussions recently, we are submitting the following proposal for Planning Services for the above referenced project. The scope of services is defined as follows: I. Design Scope shall incorporate: A. See Attachment A H. Deliverables A. Municipal Facilities Master Plan 1. Possible Building Types: a. City Hall b. Police Facility c. Public Works d. Library e. Aquatic Center f. Golf Course g. Community Center h. Community Building i. Future Parks Building 2. For Each Building Type: a. Area(sf) Summaries b. "Ideal" Spatial Relationships Diagram c. "Idealized"Prototypical Conceptual Design d. Recommended Location Delineated for Each Building Type on Yorkville Plan e. Final Report with Graphics B. Downtown Redevelopment Plan I. Base Drawing of Downtown 2. Conceptual Design Options (Maximum of Three) 3. Typical Conceptual Plans and Sections 0 Tel . 8 4 7 . 4 7 5 . 0 5 0 0 0 Fax . 8 4 7 . 4 7 5 . 1 5 0 1 ❑ Project: Yorkville Municipal Facilities and Downtown Vision Plan Letter to: Anton Graff Date: 13 September 2004 Page: 2 of 4 4. Conceptual Landscape Plan 5. Conceptual Lighting Plan 6. Conceptual Signage Plan 7. Bird's-eye View Rendering of Vision(One) 8. Ground-level Rendering(s)of Vision(Maximum of Three) 9. Market Study Memo 10. Final Report with Graphics III. Meetings A. Staff Meetings 1. To Define Scope 2. Building Type Interviews 3. Building Type Product Reviews 4. Financial Workshop 5. Downtown Vision Plan of In-Progress"Conceptual"Options 6. Downtown Vision"Final"Plan B. Board Meetings 1. Listening Session to Solicit Ideas 2. Meeting to Present Facilities Plan 3. Financial Workshop 4. Presentation of Downtown Vision Plan Conceptual Options 5. Downtown Vision Plan Final Plan C. Public Meetings 1. City Listening Session#1 2. City Listening Session#2 3. City Listening Session#3 /Public Forum to Present the Vision IV. Client Contact A. Mr.Anton Graff;Mr. Bart Olsen V. Compensation A. $116,732.00 B. Reimbursable Expenses: Customary Reimbursable Expenses. Consists of Printing, Plotting, Materials, Postage, Express Mail,Messenger Service,Mileage, etc. at cost plus 15%. Note: Services are invoiced monthly and are due in full upon receipt of invoice. All invoices past due over 30 days are assessed 1%interest per month(12%annually.) VI. Schedule A. 6—8 months(See Attachment B.) ❑ ❑ ❑ ❑ ❑ ❑ 0 Project: Yorkville Municipal Facilities and Downtown Vision Plan Letter to: Anton Graff Date: 13 September 2004 Page: 3 of 4 VIII. Additional meetings/services are billed at the following rates: Partner $150/hour Project Architect/Planner $100/hour Architect/Planner $ 80/hour Administrative $ 65/hour IX. Standard YFP Clauses A. Payment shall be due for services rendered. This contract is not contingent upon whether or not the project goes forward. B. LIMITATION OF LIABILITY CLAUSE The Owner and the Architect have discussed the risks,rewards and benefits of the project and the Architect's total fee for services. The risks have been allocated such that the Owner agrees that, to the fullest extent permitted by law, the Architect's total liability to the Owner for any and all injuries, claims, losses,expenses, damages or claims expenses arising out of this Agreement from any cause or causes, shall not exceed a multiple of twice the actual fee amount. Such causes include but are not limited to the Architect's negligence, errors, omissions, strict liability, or breach of contract. C. MEDIATION CLAUSE All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Agreement, including but not limited to breach thereof, shall be referred to mediation under the then current Construction Industry Mediation Rules of the American Arbitration Association prior to any recourse to arbitration or a judicial forum. If you agree with the above, please sign below and forward one original signed copy to this office with a 10%retainer(which will be drawn down from the final invoice) in the amount of$11,673.00, which will signify the start of this project. ❑ ❑ 0 0 0 0 ❑ Project: Yorkville Municipal Facilities and Downtown Vision Plan Letter to: Anton Graff Date: 13 September 2004 Page: 4 of 4 Yas/Fischel Partnership is very interested in being an integral part of your team throughout the design and, later the construction process. Mr. Graff, we share your vision and enthusiasm for this pivotal project in Yorkville,Illinois. With Best Regards, Stephen Yas,AIA,RIBA Jonathan Fischel,AIA Authorized Representative Partner Partner United City of Yorkville Yas/Fischel Partnership Yas/Fischel Partnership Date: Date: Date: IIYfp081PR11Yorkville-(United City oJ)(Municipal Fac MP+Downtown RPIDocslContractlAg-eement 2004-09-13.doc ❑ ❑ ❑ ❑ ❑ ❑ ❑ UNITED CITY OF YORKYILLE YAS/FISCHEL PARTNERSHIP ATTACHMENT A: SCOPE OF SERVICES for MUNICIPAL FACILITIES and DOWNTOWN VISION PLAN SCHEDULE/HOURS 1 DATA COLLECTION/COMMUNITY IMAGE/IDENTITY 3.5 MONTHS/520 HOURS 1.1 Define scope of work for project with client 1.2 Define boundaries for downtown plan 1.3 Define Community Identity/Analysis/Image(past,present future vision) 1.4 Identify Current and Future Facilities 1.5 Review existing available data 1.6 Meet with property owners,their tenants and stakeholders for Downtown Plan 1.7 Obtain existing building information/inventory City amenities and facilities 1.7.1 Review existing available data 1.7.2 Site conditions 1.7.3 Proposed developments 1.7.4 Relevant planning documents 1.7.5 Funding options 1.8 Conduct staff interviews 1.9 Prepare Owner "ideal" spatial relationships diagram, area (SF) requirements and space descriptions from space needs assessment interviews. 1.10 Listening session with City Council and key staff to "brainstorm" the project in general, including image and feeling, goals and desires, etc. which are real,but not quantified in the needs assessment(including Downtown). 1.11 City Listening Session(s) to solicit citizen participation regarding: future community facility needs/perception/community identity and image/downtown Yorkville. 1.11.1 City Listening Session#1:"Who"is Yorkville and what is the essence of a downtown? 1.11.2 City Listening Session#2: What do we want to be when we grow up? 1.11.3 City Listening Session#3: A"Vision"for Yorkville and its downtown. 2 CONCEPTUAL DESIGN OPTIONS 3 MONTHS,Concurrent/500 HOURS 2.1 Municipal Facilities Master Plan 2.1.1 Projected growth developments 2.1.2 Transportation(including future rail service)and infrastructure planning 2.1.3 Greenways identification 2.1.4 Community historical identity 2.1.5 Facilities collaboration 2.1.6 Housing development impact fees and recommendations 2.1.7 Master facilities funding and implementation strategies UNITED CITY OF YORKVILLE YAS/FISCHEL PARTNERSHIP ATTACHMENT A: SCOPE OF SERVICES for MUNICIPAL FACILI1ILS and DOWNTOWN VISION PLAN 2.1.8 Develop "idealized" prototypical facility conceptual designs and space considerations for the following facilities and others that may become apparent during the course of the Municipal Facilities Master Plan: 2.1.8.1 City Hall 2.1.8.2 Police Facility 2.1.8.3 Public Works 2.1.8.4 Library 2.1.8.5 Aquatic Centers(2) 2.1.8.6 Golf Course 2.1.8.7 Community Center(s) 2.1.8.8 Community Building with Offices 2.1.8.9 Future Parks 2.1.9 Meetings 2.2 Downtown Redevelopment Plan 2.2.1 Prepare base drawings of downtown(digital) 2.2.2 Prepare a maximum of 3 (three)conceptual design options 2.2.3 Prepare public / private design typicals (i.e. Streetscape, Facade Guidelines,Height to Width Proportions,Massing and Scale,Relationship to Fox River,etc.) 2.2.4 Landscape Plan 2.2.5 Lighting Plan 2.2.6 Signage Plan 2.2.7 "Bird's Eye View"rendering of vision 2.2.8 3 (Three)ground level renderings of vision 2.2.9 Meetings with owner to review Vision Plan 2.3 Meeting(s)with client to review plans. 2.4 Present plans at public forum. 3 RETAIL/ECONOMIC ANALYSIS, HOUSING ANALYSIS 1 MONTH,Concurrent/70 HOURS 3.1 For Downtown Plan 4 COST REVIEW 3 WEEKS/70 HOURS 4.1 Prepare statement of probable construction cost for final municipal facilities master plan and prototypical facility design(s). UNITED CITY OF YORKVILLE YAS/FISCHEL PARTNERSHIP ATTACHMENT A: SCOPE OF SERVICES for MUNICIPAL FACILITIES and DOWNTOWN VISION PLAN 5 FINAL REPORTS 1 MONTH/200 HOURS (Separate reports for Municipal Facilities Master Plan&Downtown Vision Plan) 5.1 Prepare draft of Final Report with graphics for the municipality's review. 5.2 Prepare Final Report(6 bound copies, 1 unbound copy and an acceptable digital version for each plan). 6 PRESENT FINAL REPORT TO THE UNITED CITY OF YORKVILLE 7 LIS 1'ENING SESSIONS 8 MEETINGS WITH BOARD AND/OR STAFF T O TAT,FEE RANGE: 599,000—S120,000 NOTE: Total schedule duration of approximately 8 months is contingent upon timely decision-making by client. II Yfp081PRJIYorkville-(United City o)\Municipal Fac MP+Downtown RPIDocs SchedulelScope of Services.doc United City of Yorkville Municipal Facilities Needs Assessment and Downtown Vision Plan Attachment B: Proposed Project Schedule Yas/Fischel Partnership Page 1 of 3 9/15/04 2004 2005 Task WBS Project Tasks Oct'04 Nov'04 Dec'04 Jan'05 Feb'05 Mar'05 Apr'05 Ma '05 P Y Duration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 DATA COLLECTION/COMMUNITY IMAGE 1.1 Define Scope of Work for Project with Client *TV 1.2 Define Boundaries for Downtown Plan V V-- 1.3 Define Community Identify i Analysis/Image RP-_ 1.4 Identify Current and Future Facilities -- 1.5 Review Existing Available Data 1-111p 1.6 Meet with Property Owners and Stakeholders 1.7 Obtain Existing Building Information/ 1.8 Conduct Staff Interviews 1.9 Prepare "Ideal" Spatial Relationships Diagrams, -RP � 1.10 Listening Session with City Council(CCLS) CCLS 1.11 City Listening Sessions(TLS)to Solicit Citizen 1.1 1.1 CLS#1: "Who" is Yorkville, and what is CLS#1 1.11.2 CLS#2: What do we want to be when we •CLS#2 1.11.3 CLS#3: A "Vision" for Yorkville and its CLS#3 Q.Task Duration ®CLS(City Listening Session) *Staff Meeting Task Duration,Extended • BLS(Board Listening Session) 0 S/B(Staff and Board Workshop) •Board Meeting United City of Yorkville Municipal Facilities Needs Assessment and Downtown Vision Plan Attachment B: Proposed Project Schedule Yas/Fischel Partnership Page 2 of 3 9/15/04 2004 2005 Task WBS Project Tasks Oct'04 Nov'04 Dec'04 Jan'05 Feb'05 Mar'05 Apr'05 Ma '05 P Y Duration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I 2 CONCEPTUAL DESIGN OPTIONS 2.1 Municial Facilities Master Plan V w 2.1.1 Review Projected Growth Developments 2.1.2 Review Transportation and Infrastructure I -- 2.1.3 Review Greenway Identification 2.1.4 Review Community Historical Identity V V' ® V 2.1.5 Review Facilities Collaboration V VIP 2.1.6 Review Housing Development Impact V 2.1.7 Review Master Faclities Funding and 2.1.8 Develop "Idealized" Prototypical Facility 2.1.8.1 City Hall 2.1.8.2 Police Facility 2.1.8.3 Public Works 2.1.8.4 Library V 2.1.8.5 Aquatic Centers (2) f ,__-V 2.1.8.6 Golf Course 2.1.8.7 Community Center(s) 1 1 2.1.8.8 Community Building with Offices ---- 1 2.1.8.9 Future Parks —7 -- rt i 2.1.9 Meetings 1 1 j •Board Meeting I ®Task Duration ®CLS(City Listening Session) g Staff Meetin •Task Duration,Extended • BLS(Board Listening Session) ®SB(Staff and Board Workshop) •Board Meeting United City of Yorkville Municipal Facilities Needs Assessment and Downtown Vision Plan Attachment B: Proposed Project Schedule Yas/Fischel Partnership Page 3 of 3 9/15/04 2004 2005 Task WBS Project Tasks Oct'04 Nov'04 Dec'04 Jan'05 Feb'05 Mar'05 Apr'05 Ma '05 P Y Duration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 I r 2.2 Downtown Redevelopment Plan i f 2.2.1 Prepare Base Drawings of Downtown II=Fi___ 2.2.2 Prepare Conceptual Design Options W 2.2.3 Prepare Publc/Private Design Tvpicals 2.2.4 Landscape Plan RV 2.2.5 Lighting Plan 2.2.6 Signage Plan 2.2.7 "Bird's Eve View" Rendering of Vision k. 2.2.8 Ground Level Renderings of Vision 2.2.9 Meetings with Client to Review Vision 2.3 Meeting with Client to Review Plans 2.4 Present Plans at Public Forum 3 RETAIL i ECONOMIC ANALYSIS.HOUSING 4 COST REVIEW -A1111•1111MIL' 5 FINAL REPORTS 5.1 Municipal Facilities Master Plan - 5.2 Downtown Vision Plan -, 6 Present Final Report to United City of Yorkville �� i 1 1 7 Listening Sessions CQ Staff Mtg 4 Public Forum(CLS#3) 1 S Financial Workshop 8Meetings with Board and/or Staff CQ CQ Staff Mtg •Board Mtg ! j $ � 4 I t 1 Task Duration C CLS(City Listening Session) 0 Staff Meeting 4,Task Duration,Extended • BLS(Board Listening Session) ®S/B(Staff and Board Workshop) •Board Meeting DATE: 09/17/04• UNITED CITY OF YO•ILLE PAGE01111 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT AMOCO BP AMOCO OIL COMPANY 5902009801409 09/08/04 01 SEWER OP - AUG 9-SEPT 8 CHARGE 52-000-65-00-5812 09/28/04 1,988.98 GASOLINE INVOICE TOTAL: 1,988.98 VENDOR TOTAL: 1,988.98 AROLAB ARRO LABORATORY, INC. 32818 08/13/04 01 WATER OP - SAMPLES 51-000-65-00-5822 00201947 09/28/04 310.00 WATER SAMPLES INVOICE TOTAL: 310.00 VENDOR TOTAL: 310.00 ASOCTECH ASSOCIATED TECHNICAL SERVICES 14226 08/30/04 01 WATER OP - NEW INFRASTRUCTURE 51-000-65-00-5804 00202075 09/28/04 4,550.00 OPERATING SUPPLIES 02 LOCATOR ** COMMENT ** INVOICE TOTAL: 4,550.00 VENDOR TOTAL: 4,550.00 ATD ATD-AMERICAN CO. 751082 08/12/04 01 POLICE - OFFICE CHAIR 20-000-75-00-7001 00302680 09/28/04 332.95 EQUIPMENT INVOICE TOTAL: 332.95 752426 08/20/04 01 POLICE - OFFICE CHAIR 20-000-75-00-7001 00302682 09/28/04 402.67 EQUIPMENT INVOICE TOTAL: 402.67 753549 08/28/04 01 POLICE - CONFERENCE TABLE 20-000-75-00-7001 00302682 09/28/04 199.81 EQUIPMENT INVOICE TOTAL: 199.81 VENDOR TOTAL: 935.43 DATE: 09/17/04• UNITED CITY OF YO1LLE PAGE•2 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.W0W INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ATT AT&T 082404-4350 08/24/04 01 ADMIN - LONG DISTANCE 01-110-62-00-5436 09/28/04 176.28 TELEPHONE 02 POLICE - LONG DISTANCE 01-210-62-00-5436 176.28 TELEPHONE 03 WATER OP - LONG DISTANCE 51-000-62-00-5436 176.29 TELEPHONE INVOICE TOTAL: 528.85 082504-2965 08/25/04 01 ADMIN - LONG DISTANCE 01-110-62-00-5436 09/28/04 17.93 TELEPHONE 02 POLICE - LONG DISTANCE 01-210-62-00-5436 17.93 TELEPHONE 03 WATER OP - LONG DISTANCE 51-000-62-00-5436 17.93 TELEPHONE INVOICE TOTAL: 53.79 VENDOR TOTAL: 582.64 AURBLA AURORA BLACKTOP 091704EEI 09/17/04 01 STREETS-EST NO. 3 01-410-75-00-7099 09/28/04 86, 913.62 BRISTOL RIDGE ROAD INVOICE TOTAL: 86, 913.62 14544 09/01/04 01 MFT - HOT MIX 15-000-75-00-7111 00202072 09/28/04 777.87 HOT PATCH INVOICE TOTAL: 777.87 VENDOR TOTAL: 87, 691.49 BCBS BLUE CROSS BLUE SHIELD 091404 09/14/04 01 ADMIN - OCT 1 - NOV 1 01-110-50-00-5203 09/28/04 48,935.78 BENEFITS - HEALTH INSURANC INVOICE TOTAL: 48, 935.78 VENDOR TOTAL: 48,935.78 DATE: 09/17/04• UNITED CITY OF Y�ILLE PAGO3 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT BEHRD BEHRENS, DAVID 090704 09/07/04 01 ADMIN - DENTAL REIMBURSEMENT 01-110-50-00-5205 09/28/04 110.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 110.00 VENDOR TOTAL: 110.00 BRENART BRENART EYE CLINIC 415292 08/06/04 01 POLICE - EXAM MCMAHON 01-210-62-00-5430 09/28/04 40.00 HEALTH SERVICES INVOICE TOTAL: 40.00 VENDOR TOTAL: 40.00 CAM CORRECTIVE ASPHALT MATERIALS 7749 08/31/04 01 STREETS-ASPHALT PAVEMENT 01-410-75-00-7100 09/28/04 32,690.66 STREET REHAB PROJECTS 02 SURFACE TREATMENT ** COMMENT ** INVOICE TOTAL: 32, 690.66 VENDOR TOTAL: 32,690.66 CENLIME CENTRAL LIMESTONE COMPANY, INC 1432 08/31/04 01 STREETS - GRAVEL 01-410-65-00-5817 00202071 09/28/04 195.48 GRAVEL INVOICE TOTAL: 195.48 VENDOR TOTAL: 195.48 CERNEKS CERNEKEE, SARAH 091404 09/14/04 01 ADMIN - VISION REIMBURSEMENT 01-110-50-00-5205 09/28/04 325.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 325.00 VENDOR TOTAL: 325.00 CINTAS CINTAS FIRST AID & SAFETY DATE: 09/17/04• UNITED CITY OF YcILLE PAGE"4 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT CINTAS CINTAS FIRST AID & SAFETY 0343237557 09/02/04 01 WATER OP - RESTOCK MED CABINET 51-000-75-00-7004 00202073 09/28/04 53.76 SAFETY EQUIPMENT INVOICE TOTAL: 53.76 VENDOR TOTAL: 53.76 CLARKE CLARK ENVIRONMENTAL 279751 09/08/04 01 STREETS - TOUCH UP FOR 01-410-75-00-5418 09/28/04 200.00 MOSQUITO CONTROL 02 COMMUNITY FESTIVAL ** COMMENT ** INVOICE TOTAL: 200.00 VENDOR TOTAL: 200.00 CLEANSWP CLEAN SWEEP SWEEPING SERV. 959 08/24/04 01 STREETS-ASPHALT PAVEMENT 01-410-75-00-7100 09/28/04 495.00 STREET REHAB PROJECTS 02 SURFACE TREATMENT ** COMMENT ** INVOICE TOTAL: 495.00 VENDOR TOTAL: 495.00 COMDIR COMMUNICATIONS DIRECT INC 64725 08/31/04 01 POLICE - GEAR DISPLAY, BULB 01-210-62-00-5409 00302705 09/28/04 320.50 MAINTENANCE - VEHICLES 02 ROTATOR, PARK KILL MOD. ** COMMENT ** INVOICE TOTAL: 320.50 VENDOR TOTAL: 320.50 COMED COMMONWEALTH EDISON 081904-1002 08/19/04 01 420 FAIRHAVEN 01-410-62-00-5435 00202077 09/28/04 506.07 ELECTRICITY INVOICE TOTAL: 506.07 DATE: 09/17/04• UNITED CITY OF YC ILLE PAGE01/15 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 082004-1000 08/20/04 01 CITY 01-410-62-00-5435 00202077 09/28/04 1,441.79 ELECTRICITY INVOICE TOTAL: 1,441.79 082604-1002 08/26/04 01 420 FAIRHAVEN 51-000-62-00-5435 00202077 09/28/04 8,201.70 ELECTRICITY INVOICE TOTAL: 8,201.70 082704-1005 08/27/04 01 133 E HYDRAULIC 01-410-62-00-5435 00202077 09/28/04 133.09 ELECTRICITY INVOICE TOTAL: 133.09 082704-2014 08/27/04 01 908 GAME FARM RD 01-410-62-00-5435 00202077 09/28/04 13.45 ELECTRICITY INVOICE TOTAL: 13.45 082704-6002 09/14/04 01 CITY 01-410-62-00-5435 00202077 09/28/04 1,801.71 ELECTRICITY INVOICE TOTAL: 1,801.71 082704-6018 08/27/04 01 908 GAMEFARM RD 01-410-62-00-5435 00202077 09/28/04 171.75 ELECTRICITY INVOICE TOTAL: 171.75 082704-8036 08/27/04 01 1908 RAINTREE RD 01-410-62-00-5435 00202077 09/28/04 106.21 ELECTRICITY INVOICE TOTAL: 106.21 083004-2114 09/14/04 01 7 COUNTRYSIDE 01-410-62-00-5435 00202077 09/28/04 190.87 ELECTRICITY INVOICE TOTAL: 190.87 083004-4009 08/30/04 01 1 MCHUGH RD 01-410-62-00-5435 00202077 09/28/04 99.23 ELECTRICITY INVOICE TOTAL: 99.23 DATE: 09/17/04 UNITED CITY OF Y•LLE PAGE.6 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 083004-6081 08/30/04 01 1 COUNTRYSIDE 01-410-62-00-5435 00202077 09/28/04 231.37 ELECTRICITY INVOICE TOTAL: 231.37 083004-9019 08/30/04 01 4600 N BRIDGE 01-410-62-00-5435 00202077 09/28/04 29.76 ELECTRICITY INVOICE TOTAL: 29.76 VENDOR TOTAL: 12,927.00 CONDESGN CONSERVATION DESIGN FORUM 0003349 09/07/04 01 BLDG/ZONE - WETLAND PORTECTION 01-220-62-00-5401 09/28/04 1, 687.50 CONTRACTUAL SERVICES INVOICE TOTAL: 1, 687.50 0003357 09/07/04 01 BLDG/ZONE-STORM WATER CONSULT 01-220-62-00-5401 09/28/04 93.75 CONTRACTUAL SERVICES INVOICE TOTAL: 93.75 VENDOR TOTAL: 1,781.25 COYPETTY CITY OF YORKVILLE PETTY CASH 091504CTY 09/15/04 01 WATER OP-WATER LIEN 51-000-65-00-5804 09/28/04 21.00 OPERATING SUPPLIES 02 STREETS-8 BALES OF HAY 01-410-62-00-5420 24.00 MAINTENANCE-STORM SEWER 03 WATER OP-WATER LIEN 51-000-65-00-5804 21.00 OPERATING SUPPLIES INVOICE TOTAL: 66.00 VENDOR TOTAL: 66.00 DHUSE DHUSE, ERIC 091604 09/16/04 01 WATER OP - TRANSPORTATION & 51-000-64-00-5605 09/28/04 765.54 TRAVEL EXPENSES DATE: 09/17/04• UNITED CITY OF Y•ILLE PAGO7 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DHUSE DHUSE, ERIC 091604 09/16/04 02 MEALS TO APWA NATL. CONE ** COMMENT ** 09/28/04 INVOICE TOTAL: 765.54 VENDOR TOTAL: 765.54 DIRT DIRT, INC. 2059 08/20/04 01 STREETS - PULVERIZED MATERIAL 01-410-65-00-5804 00201999 09/28/04 132.00 OPERATING SUPPLIES INVOICE TOTAL: 132.00 VENDOR TOTAL: 132.00 DREYER DREYER MEDICAL CLINIC 12790241 08/06/04 01 POLICE - MCMAHON 01-210-62-00-5430 00302709 09/28/04 190.00 HEALTH SERVICES INVOICE TOTAL: 190.00 12790242 08/06/04 01 POLICE - MCMAHON 01-210-62-00-5430 00302709 09/28/04 10.00 HEALTH SERVICES INVOICE TOTAL: 10.00 12790243 08/06/04 Ol POLICE - MCMAHON 01-210-62-00-5430 00302709 09/28/04 70.00 HEALTH SERVICES INVOICE TOTAL: 70.00 12790244 08/06/04 01 POLICE - MCMAHON 01-210-62-00-5430 00302709 09/28/04 72.00 HEALTH SERVICES INVOICE TOTAL: 72.00 12790245 08/04/04 01 POLICE - OSMUNDSON 01-210-62-00-5430 00302709 09/28/04 190.00 HEALTH SERVICES INVOICE TOTAL: 190.00 12790246 08/04/04 01 POLICE - BETTENHAUSEN 01-210-62-00-5430 00302709 09/28/04 10.00 HEALTH SERVICES INVOICE TOTAL: 10.00 DATE: 09/17/0. UNITED CITY OF Y•ILLE PAG•8 TIME: 16:51:05 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DREYER DREYER MEDICAL CLINIC 12790247 08/04/04 01 POLICE - BETTENHAUSEN 01-210-62-00-5430 00302709 09/28/04 70.00 HEALTH SERVICES INVOICE TOTAL: 70.00 12790248 08/04/04 01 POLICE - BETTENHAUSEN 01-210-62-00-5430 00302709 09/28/04 72.00 HEALTH SERVICES INVOICE TOTAL: 72.00 12857750 08/27/04 01 POLICE - SMUDZINSKI 01-210-62-00-5430 00302709 09/28/04 190.00 HEALTH SERVICES INVOICE TOTAL: 190.00 12857751 08/27/04 01 POLICE - SMUDZINSKI 01-210-62-00-5430 00302709 09/28/04 10.00 HEALTH SERVICES INVOICE TOTAL: 10.00 12857752 08/27/04 01 POLICE - SMUDZINSKI 01-210-62-00-5430 00302709 09/28/04 70.00 HEALTH SERVICES INVOICE TOTAL: 70.00 12857753 08/27/04 01 POLICE - SMUDZINSKI 01-210-62-00-5430 00302709 09/28/04 72.00 HEALTH SERVICES INVOICE TOTAL: 72.00 VENDOR TOTAL: 1,026.00 E2SERV E2 SERVICES 1959 08/22/04 01 ADMIN - LIBRARY FIREWALL 01-110-62-00-5411 09/26/04 237.50 MAINTENANCE - COMPUTERS INVOICE TOTAL: 237.50 VENDOR TOTAL: 237.50 EASYLINK EASYLINK SERVICES CORP. 06831130409 08/31/04 01 POLICE - EFAX CHARGES 01-210-65-00-5804 09/28/04 3.82 OPERATING SUPPLIES INVOICE TOTAL: 3.82 VENDOR TOTAL: 3.82 . • • DATE: 09/17/04 UNITED CITY OF YORKVILLE PAGE: 9 TIME: 16:56:19 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ELAN ELAN FINANCIAL SERVICES 090204 09/02/04 01 PARK & REC 01-000-13-00-1372 00102175 09/28/04 195.77 A/R - OTHER 02 ADMIN-KENDALL COUNTY MEETING 01-110-64-00-5605 19. 67 TRAVEL/MEALS/LODGING 03 WITH MAYOR-MEALS ** COMMENT ** 04 ADMIN-KENDALL COUNTY MEETING 01-110-64-00-5605 151.59 TRAVEL/MEALS/LODGING 05 WITH MAYOR-MEALS ** COMMENT ** 06 POLICE-AOL 01-210-62-00-5436 24 . 95 TELEPHONE 07 ADMIN-TONY IML LEADERSHIP 01-110-64-00-5605 197.58 TRAVEL/MEALS/LODGING 08 COURSE ** COMMENT ** 09 WATER OP-AOL 51-000-62-00-5436 23.90 TELEPHONE 10 PARK & REC 01-000-13-00-1372 374.48 A/R - OTHER 11 ADMIN-3 FILE CABINETS-CLERKS 01-110-75-00-7003 1, 485.00 OFFICE EQUIPMENT 12 ADMIN-IL PK & REC ASSOC 01-110-65-00-5802 42.50 OFFICE SUPPLIES 13 POLICE-IL PK & REC ASSOC 01-210-65-00-5802 42.50 OFFICE SUPPLIES 14 WATER OP-IL PK & REC ASSOC 51-000-65-00-5804 42.50 OPERATING SUPPLIES 15 PARK & REC-IL PK & REC ASSOC 01-000-13-00-1372 42.50 A/R - OTHER 16 PARK & REC 01-000-13-00-1372 60.37 A/R - OTHER 17 PARK & REC 01-000-13-00-1372 549.40 A/R - OTHER 18 REC - AOL 01-000-13-00-1372 23.90 A/R - OTHER 19 PARK & REC 01-000-13-00-1372 199.20 A/R - OTHER DATE: 09/17/04• UNITED CITY OF Y ILLE PAGE•0 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ELAN ELAN FINANCIAL SERVICES 090204 09/02/04 20 PARK & REC 01-000-13-00-1372 00102175 09/28/04 446.75 A/R - OTHER 21 PARK & REC 01-000-13-00-1372 538.60 A/R - OTHER 22 ADMIN-MICROSOFT ACCESS CLASS 01-110-64-00-5604 399.00 TRAINING & CONFERENCES 23 PARK & REC 01-000-13-00-1372 143.45 A/R - OTHER 24 WATER OP-DHUSE APWA CONFERENCE 51-000-64-00-5605 148.19 TRAVEL EXPENSES 25 ADMIN-AOL 01-110-62-00-5436 23.90 TELEPHONE 26 PARK-AOL 01-000-13-00-1372 23.90 A/R - OTHER 27 PARK & REC 01-000-13-00-1372 30.92 A/R - OTHER 28 ADMIN-BOOKS 01-110-65-00-5804 44.50 OPERATING SUPPLIES INVOICE TOTAL: 5,275.02 VENDOR TOTAL: 5,275.02 ELITE ELITE PRINTERS 1003 09/10/04 01 POLICE - PURCHASE ORDER FORMS 01-210-65-00-5809 09/28/04 425.00 PRINTING & COPYING INVOICE TOTAL: 425.00 VENDOR TOTAL: 425.00 FIRST FIRST PLACE RENTAL 114388 08/17/04 01 STREETS - ADAPTER 01-410-62-00-5408 00202000 09/28/04 7.12 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 7.12 114670 08/30/04 01 STREETS - PISTON & RINGS 01-410-62-00-5408 00202000 09/28/04 96.14 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 96.14 DATE: 09/17/04! UNITED CITY OF Y•ILLE PAG1 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT FIRST FIRST PLACE RENTAL 114738 08/26/04 01 WATER OP - OIL CAP, SPADES 51-000-65-00-5815 00201948 09/28/04 86.00 HAND TOOLS INVOICE TOTAL: 86.00 VENDOR TOTAL: 189.26 FOXRIDGE FOX RIDGE STONE 8137 08/31/04 01 WATER OP - AUG STONE BALANCE 51-000-65-00-5817 00202070 09/28/04 72.91 GRAVEL INVOICE TOTAL: 72.91 VENDOR TOTAL: 72.91 FVTA FOX VALLEY TROPHY & AWARDS 18573 07/19/04 01 POLICE - PLAQUES 01-210-65-00-5804 00302708 09/28/04 140.00 OPERATING SUPPLIES INVOICE TOTAL: 140.00 VENDOR TOTAL: 140.00 GLOBEQ GLOBAL EQUIPMENT COMPANY 84104297 08/23/04 01 SEWER OP - 2 FLAT FILE CABINET 52-000-75-00-7003 00202068 09/28/04 1,893.00 OFFICE EQUIPMENT INVOICE TOTAL: 1,893.00 VENDOR TOTAL: 1,893.00 GROESCHB GROESCH, BARRY 081804 08/18/04 01 ADMIN - DENTAL REIMBURSEMENT 01-110-50-00-5205 09/28/04 59.00 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 59.00 VENDOR TOTAL: 59.00 HENNE VERNE HENNE CONSTR. & DATE: 09/17/04411/ UNITED CITY OF Y(LLE PAGE41112 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HENNE VERNE HENNE CONSTR. & 24349 08/12/04 01 STREETS - RT. 47 & FOX ST. 01-410-62-00-5414 09/28/04 34.20 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 34.20 24351 08/12/04 01 STREETS - E. BARBERRY & WALSH 01-410-62-00-5415 00201996 09/28/04 152.89 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 152.89 24352 08/12/04 01 STREETS - 491 SPICE CT. 01-410-62-00-5415 00201996 09/28/04 111.28 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 111.28 24392 08/12/04 01 STREETS - 586 HEARTLAND 01-410-62-00-5415 00201996 09/28/04 79.39 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 79.39 24393 08/12/04 01 STREETS - 1436 CHESTNUT LANE 01-410-62-00-5415 00201996 09/28/04 79.39 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 79.39 24394 08/12/04 01 STREETS - BADGER 1ST POLE S. 01-410-62-00-5415 00201996 09/28/04 66.89 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 66.89 24395 08/12/04 01 STREETS - YELLOWSTONE & ALLEND 01-410-62-00-5415 00201996 09/28/04 37.50 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 37.50 24396 08/12/04 01 STREETS - REPAIR BEAVER/DEER 01-410-62-00-5415 00201996 09/28/04 37.50 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 37.50 24397 08/12/04 01 STREETS - DOVER & FAIRHAVEN 01-410-62-00-5415 00201996 09/28/04 231.17 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 231.17 DATE: 09/17/044110 UNITED CITY OF Yc[LLE PAGE1111,3 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HENNE VERNE HENNE CONSTR. & 24398 08/12/04 01 STREETS - 538 W. BARBERRY 01-410-62-00-5415 00201996 09/28/04 256.17 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 256.17 24404 08/26/04 01 STREETS - DEER & RT. 126 01-410-62-00-5415 00201996 09/28/04 75.28 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 75.28 24405 08/26/04 01 STREETS - 965 HEARTLAND DR. 01-410-62-00-5415 00201996 09/28/04 75.28 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 75.28 24406 08/26/04 01 STREETS - 89 CROOKED CREEK DR. 01-410-62-00-5415 00201996 09/28/04 169.09 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 169.09 24407 08/26/04 01 STREETS- 1 POLE PAST FREEMONT 01-410-62-00-5415 00201996 09/28/04 231.17 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 231.17 24417 08/26/04 01 STREETS - PARK AT COUNTRY HILL 01-410-62-00-5415 00201996 09/28/04 180.62 MAINTENANCE-STREET LIGHTS 02 OFF RT. 71 ** COMMENT ** INVOICE TOTAL: 180.62 24418 08/26/04 01 STREETS - 201 SOMONAUK ST. 01-410-62-00-5415 00201996 09/28/04 92.42 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 92.42 24419 08/26/04 Ol STREETS - 47 & CENTER E CORNER 01-410-62-00-5415 00201996 09/28/04 54.28 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 54.28 24420 08/26/04 01 STREETS - SW RT. 34 & 47 01-410-62-00-5415 00201996 09/28/04 71.00 MAINTENANCE-STREET LIGHTS INVOICE TOTAL: 71.00 DATE: 09/17/04• UNITED CITY OF Y•LLE PAGE . TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT HENNE VERNE HENNE CONSTR. & 24421 08/26/04 01 STREETS - RT. 47 & COUNTRYSIDE 01-410-62-00-5415 00201996 09/28/04 50.00 MAINTENANCE-STREET LIGHTS 02 PARKWAY NE CORNER ** COMMENT ** INVOICE TOTAL: 50.00 VENDOR TOTAL: 2,085.52 HOLSEPT HOLLEY SEPTIC SERVICE 1990 08/31/04 01 SEWER OP - STAND BY FOR REPAIR 52-000-62-00-5422 00202045 09/28/04 350.00 LIFT STATION MAINTENANCE 02 AT MAIN ST. LIFT STATION ** COMMENT ** INVOICE TOTAL: 350.00 1993 08/31/04 01 SEWER OP - PUMP @ GAWN LN. 52-000-62-00-5422 00202045 09/28/04 150.00 LIFT STATION MAINTENANCE INVOICE TOTAL: 150.00 VENDOR TOTAL: 500.00 ICCI INTERNATIONAL CODES 20040913 09/07/04 01 ADMIN - BLDG PERMITS 01-110-61-00-5314 09/28/04 53,767.75 BUILDING INSPECTIONS INVOICE TOTAL: 53,767.75 20040914 09/07/04 01 ARO - ZONING/PLAN COORDINATOR 01-000-13-00-1372 09/28/04 375.00 A/R - OTHER INVOICE TOTAL: 375.00 VENDOR TOTAL: 54, 142.75 ICE ICE MOUNTAIN 04H8105151347 08/31/04 01 POLICE - WATER 01-210-65-00-5804 09/28/04 95.50 OPERATING SUPPLIES INVOICE TOTAL: 95.50 VENDOR TOTAL: 95.50 DATE: 09/17/04• UNITED CITY OF Y•LLE PAGE•5 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT ILCCMA ILLINOIS CITY/COUNTY 091504 09/15/04 01 ADMIN - BART NIU INTERN FEE 01-110-64-00-5600 09/28/04 20.00 DUES INVOICE TOTAL: 20.00 VENDOR TOTAL: 20.00 ILTACTIC ILLINOIS TACTICAL OFFICERS 091504-DELANEY 09/17/04 01 POLICE - REG FOR ITOA CONF. 01-210-64-00-5604 00302707 09/28/04 225.00 TRAINING & CONFERENCE INVOICE TOTAL: 225.00 091504-HART 09/15/04 01 POLICE - REG FOR ITOA CONF. 01-210-64-00-5604 00302707 09/28/04 225.00 TRAINING & CONFERENCE INVOICE TOTAL: 225.00 091504-SCHWARTZ 09/16/04 01 POLICE - REG FOR ITOA CONF 01-210-64-00-5604 00302707 09/28/04 225.00 TRAINING & CONFERENCE INVOICE TOTAL: 225.00 VENDOR TOTAL: 675.00 JEWEL JEWEL-OSCO 090104PD 09/01/04 01 POLICE - DOG FOOD, SUPPLIES 01-210-65-00-5804 09/28/04 55.18 OPERATING SUPPLIES INVOICE TOTAL: 55.18 VENDOR TOTAL: 55.18 KENPR KENDALL PRINTING 12407 08/27/04 01 ADMIN - BUSINESS CARDS SPEARS 01-110-65-00-5809 09/28/04 39.50 PRINTING & COPYING INVOICE TOTAL: 39.50 12434 09/03/04 01 ADMIN - BUSINESS CARDS BART 01-110-65-00-5809 09/28/04 39.50 PRINTING & COPYING INVOICE TOTAL: 39.50 VENDOR TOTAL: 79.00 DATE: 09/17/04• UNITED CITY OF Y•ILLE PAGE•6 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT KOPY KOPY KAT COPIER 98724 09/02/04 01 ADMIN - PAPER 01-110-65-00-5802 00102181 09/28/04 333.00 OFFICE SUPPLIES INVOICE TOTAL: 333.00 VENDOR TOTAL: 333.00 KRAMD KRAMER, DANIEL 080204DC 08/02/04 01 STREETS - IN TOWN ROAD PROGRAM 01-410-75-00-7101 09/28/04 1,200.00 IN TOWN ROAD PROGRAM 02 DEBT CERT - ATTORNEY FEES ** COMMENT ** INVOICE TOTAL: 1,200.00 VENDOR TOTAL: 1,200.00 LAWSON LAWSON PRODUCTS 2305887 08/10/04 01 STREETS - HEX NUT 01-410-65-00-5804 00202003 09/28/04 34.91 OPERATING SUPPLIES INVOICE TOTAL: 34.91 VENDOR TOTAL: 34.91 MCDOWEL MCDOWELL TRUCK PARTS, INC. 117594 08/05/04 01 STREETS - STAR STROBE HEAD 01-410-62-00-5409 00201998 09/28/04 165.76 MAINTENANCE-VEHICLES INVOICE TOTAL: 165.76 VENDOR TOTAL: 165.76 MEADE MEADE ELECTRIC COMPANY, INC. 616713 08/29/04 01 STREETS - REPAIR 47 & KENNEDY 01-410-62-00-5414 00202074 09/28/04 552.38 MAINTENANCE-TRAFFIC SIGNAL INVOICE TOTAL: 552.38 VENDOR TOTAL: 552.38 MENLAND MENARDS - YORKVILLE DATE: 09/17/0 UNITED CITY OF Y�ILLE PAG•7 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 20977 08/11/04 01 STREETS - SUPPLIES 01-410-65-00-5804 09/28/04 14.46 OPERATING SUPPLIES INVOICE TOTAL: 14.46 21005 08/11/04 01 WATER OP - BUNGI CORDS 51-000-65-0Q-5804 09/28/04 4.28 OPERATING SUPPLIES INVOICE TOTAL: 4.28 22176 08/17/04 01 WATER OP - BLEACH 51-000-65-00-5804 09/28/04 10.72 OPERATING SUPPLIES INVOICE TOTAL: 10.72 22313 08/18/04 01 WATER OP - NEEDLE VALVE, 51-000-65-00-5804 09/28/04 13.57 OPERATING SUPPLIES 02 COMPRESSION NUT & SLEEVE ** COMMENT ** INVOICE TOTAL: 13.57 22508 08/19/04 01 STREETS - CEMENT 01-410-65-00-5804 09/28/04 9.98 OPERATING SUPPLIES INVOICE TOTAL: 9.98 23585 08/24/04 01 STREETS - SUPPLIES 01-410-65-00-5804 09/28/04 1.08 OPERATING SUPPLIES INVOICE TOTAL: 1.08 23897 08/26/04 01 STREETS - SUPPLIES 01-410-65-00-5804 09/28/04 21.20 OPERATING SUPPLIES INVOICE TOTAL: 21.20 23944 08/26/04 01 STREETS - HEX KEY SET 01-410-65-00-5804 09/28/04 9.98 OPERATING SUPPLIES INVOICE TOTAL: 9.98 24028 08/27/04 01 SEWER OP-LUMBER 52-000-65-00-5804 09/28/04 57.18 OPERATING SUPPLIES INVOICE TOTAL: 57.18 DATE: 09/17/0* UNITED CITY OF Y•ILLE PAGE�18 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 24980 09/14/04 01 SEWER OP-PAPER TOWELS 52-000-65-00-5804 09/28/04 14.70 OPERATING SUPPLIES INVOICE TOTAL: 14.70 26332 09/07/04 01 POLICE - KEY 01-210-65-00-5804 09/28/04 0.96 OPERATING SUPPLIES INVOICE TOTAL: 0.96 26535 09/08/04 01 POLICE - SUPPLIES 01-210-65-00-5804 09/28/04 68.47 OPERATING SUPPLIES INVOICE TOTAL: 68.47 26576 09/08/04 01 ADMIN - WET/DRY VAC 01-110-65-00-5804 09/28/04 46.99 OPERATING SUPPLIES INVOICE TOTAL: 46.99 VENDOR TOTAL: 273.57 MIDAM MID AMERICAN WATER 13356A 08/06/04 01 WATER OP - HYDRANT 51-000-75-00-7507 00201949 09/28/04 1,350.00 HYDRANT REPLACEMENT INVOICE TOTAL: 1,350.00 VENDOR TOTAL: 1,350.00 NATLWTR NATIONAL WATERWORKS, INC. 1401290 06/22/04 01 WATER OP - METERS 51-000-75-00-7508 00201951 09/28/04 2,090.64 METERS & PARTS INVOICE TOTAL: 2,090.64 1527959 08/18/04 01 WATER OP - METERS 51-000-75-00-7508 00201951 09/28/04 3,212.00 METERS & PARTS INVOICE TOTAL: 3,212.00 1556365 08/07/04 01 WATER OP - METERS 51-000-75-00-7508 00201951 09/28/04 2,256.00 METERS & PARTS INVOICE TOTAL: 2,256.00 DATE: 09/17/04• UNITED CITY OF Y ILLE PAGE•9 TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT NATLWTR NATIONAL WATERWORKS, INC. 1573948 08/19/04 01 WATER OP - METERS 51-000-75-00-7508 00201951 09/28/04 2,328.00 METERS & PARTS INVOICE TOTAL: 2,328.00 VENDOR TOTAL: 9,886.64 NICOR NICOR GAS 090104-5591 09/03/04 01 ADMIN-AUG CHARGES 01-110-78-00-9002 09/28/04 25.00 NICOR GAS INVOICE TOTAL: 25.00 090904-0360 09/09/04 01 ADMIN - THRU SEPT 9 01-110-78-00-9002 09/28/04 83.44 NICOR GAS INVOICE TOTAL: 83.44 090904-1910 09/09/04 01 ADMIN - AUG 11-SEPT 9 01-110-78-00-9002 09/28/04 721.40 NICOR GAS INVOICE TOTAL: 721.40 VENDOR TOTAL: 829.84 NORWEGIA NORWEGIAN IMPLEMENT CO. 97967 08/24/04 01 WATER OP - BOX BLADES 51-000-65-00-5804 00201946 09/28/04 233.82 OPERATING SUPPLIES INVOICE TOTAL: 233.82 VENDOR TOTAL: 233.82 OFFWORK OFFICE WORKS 059727I 09/09/04 01 POLICE - SUPPLIES 01-210-65-00-5802 00302706 09/28/04 186.24 OFFICE SUPPLIES INVOICE TOTAL: 186.24 059780 09/14/04 01 POLICE - SUPPLIES 01-210-65-00-5804 09/28/04 6.14 OPERATING SUPPLIES INVOICE TOTAL: 6.14 DATE: 09/17/04• UNITED CITY OF YO•LLE PAGES0 CINE: 16:51:06 DETAIL BOARD REPORT ED: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM JENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT )FFWORK OFFICE WORKS 060125 09/16/04 01 ENG - OFFICE SUPPLIES 01-150-65-00-5802 09/28/04 4.99 OFFICE SUPPLIES INVOICE TOTAL: 4.99 VENDOR TOTAL: 197.37 OMALLEY O'MALLEY WELDING & FABRICATING 10375 08/13/04 01 STREETS - MATERIALS 01-410-62-00-5409 00201997 09/28/04 170.00 MAINTENANCE-VEHICLES INVOICE TOTAL: 170.00 VENDOR TOTAL: 170.00 PATTEN PATTEN INDUSTRIES, INC. P53C0075869 08/10/04 01 WATER OP - BEARING KITS 51-000-62-00-5408 00201943 09/28/04 67.52 MAINTENANCE-EQUIPMENT INVOICE TOTAL: 67.52 VENDOR TOTAL: 67.52 POSTNET POSTNET IL 124 14893 09/01/04 01 ADMIN - S. PRV STATION PRINTS 01-150-65-00-5809 09/28/04 10.50 PRINTING & COPYING INVOICE TOTAL: 10.50 VENDOR TOTAL: 10.50 POULOS POULOS INC 090704EEI 09/07/04 01 WATER IMPROV-EST NO. 5 41-000-61-00-5408 09/28/04 20,354.53 CENTRAL ZONE - CONTRACT C 02 CONTRACT C.7 WELL NO.7 WELL ** COMMENT ** 03 HOUSE & TREATMENT FACILITY ** COMMENT ** INVOICE TOTAL: 20,354.53 VENDOR TOTAL: 20,354.53 DATE: 09/17/04411/ UNITED CITY OF Y•LLE PAGE", TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT PRELUBE PRECISION LUBE 212774 08/03/04 01 POLICE - OIL CHANGE M132940 01-210-62-00-5409 00302704 09/28/04 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 213047 08/10/04 01 ENG - OIL CHANGE LUMINA 01-150-62-00-5409 09/28/04 20.00 MAINTENANCE-VEHICLES INVOICE TOTAL: 20.00 213067 08/17/04 01 ENG - OIL CHANGE M145022 01-150-62-00-5409 09/28/04 21.60 MAINTENANCE-VEHICLES INVOICE TOTAL: 21.60 213390 08/18/04 01 POLICE - OIL CHANGE m140155 01-210-62-00-5409 00302704 09/28/04 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 213454 08/19/04 01 POLICE - OIL CHANGE M119155 01-210-62-00-5409 00302704 09/28/04 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 213604 08/23/04 01 POLICE - OIL CHANGE M137636 01-210-62-00-5409 00302704 09/28/04 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 213676 08/25/04 01 POLICE - OIL CHANGE M129601 01-210-62-00-5409 00302704 09/28/04 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 213884 08/30/04 01 POLICE - OIL CHANGE M132941 01-210-62-00-5409 00302704 09/28/04 20.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 20.00 VENDOR TOTAL: 161. 60 PROAUTO PRO AUTO GLASS DATE: 09/17/04• UNITED CITY OF YO LLE PAGES TIME: 16:51:06 DETAIL BOARD REP RT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT PROAUTO PRO AUTO GLASS 101267 08/23/04 01 WATER OP - FRONT WINSHEILD 51-000-65-00-5804 00201945 09/28/04 233.00 OPERATING SUPPLIES INVOICE TOTAL: 233.00 VENDOR TOTAL: 233.00 QUILL QUILL CORPORATION 1741719 08/30/04 01 ADMIN - BUSINESS CARD FOR WEB 01-110-65-00-5802 00102184 09/28/04 7.19 OFFICE SUPPLIES INVOICE TOTAL: 7.19 1823687 09/01/04 01 ADMIN - SUPPLIES 01-110-65-00-5802 00102182 09/28/04 68.09 OFFICE SUPPLIES 02 WATER OP - SUPPLIES 51-000-65-00-5804 124.60 OPERATING SUPPLIES INVOICE TOTAL: 192.69 1968821 09/09/04 01 BLDG/ZONE - WASTEBASKETS/SUPPL 01-220-65-00-5804 09/28/04 51.58 OPERATING SUPPLIES INVOICE TOTAL: 51.58 1969139 09/09/04 01 ADMIN - TONER & SUPPLIES 01-110-65-00-5802 00102184 09/28/04 123.98 OFFICE SUPPLIES INVOICE TOTAL: 123.98 1970227 09/09/04 01 BLDG/ZONE - BUS CARD HOLDERS 01-220-65-00-5804 00102184 09/28/04 12.58 OPERATING SUPPLIES INVOICE TOTAL: 12.58 1993460 09/10/04 01 BLDG/ZONE - BUS CARD HOLDERS 01-220-65-00-5804 00102184 09/28/04 12.58 OPERATING SUPPLIES INVOICE TOTAL: 12.58 286440CM 09/10/04 01 BLDG/ZONE - CREDIT BROKEN ITEM 01-220-65-00-5804 09/28/04 -12.58 OPERATING SUPPLIES INVOICE TOTAL: -12.58 VENDOR TOTAL: 388.02 DATE: 09/17/04• UNITED CITY OF YO LLE PAGES TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT RATOSJ RATOS, JAMES 091604 09/16/04 01 ADMIN - SALES TAX REBATE 01-110-78-00-9003 09/28/04 2,544.39 SALES TAX REBATE INVOICE TOTAL: 2,544.39 VENDOR TOTAL: 2,544.39 REIMELEC RIEMENSCHNEIDER ELECTRIC INC 9109 08/20/04 01 WATER OP - WELL #3 REPAIR 51-000-65-00-5804 00201944 09/28/04 2,388.98 OPERATING SUPPLIES INVOICE TOTAL: 2, 388.98 VENDOR TOTAL: 2,388.98 RELIABLE RELIABLE COMPUTER SERVICES 2998 08/24/04 01 SEWER OP - REPAIRS, VIDEO CARD 52-000-75-00-7002 00202076 09/28/04 329.90 COMPUTER EQUIP & SOFTWARE INVOICE TOTAL: 329.90 VENDOR TOTAL: 329.90 RUSH RUSH-COPLEY MEDICAL CENTER 2002118475 04/18/04 01 ADMIN-MEDICAL SERVICE 01-110-78-00-9004 09/28/04 36.00 MISCELLANEOUS 02 BETHANY JOHNSON ** COMMENT ** INVOICE TOTAL: 36.00 VENDOR TOTAL: 36.00 SALISM SAILSBURY, MARGARET 5852-27 08/29/04 01 WATER OP - CLEANING ON AGU 29 51-000-62-00-5401 09/28/04 50.00 CONTRACUAL SERVICES INVOICE TOTAL: 50.00 5852-28 09/14/04 01 WATER OP - CLEANING ON SEPT 4 51-000-62-00-5401 09/28/04 50.00 CONTRACUAL SERVICES INVOICE TOTAL: 50.00 VENDOR TOTAL: 100.00 DATE: 09/17/04• UNITED CITY OF YO LLE PAGE. TIME: 16:51:06 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SBC SBC 630553114108 08/25/04 01 POLICE DEPT. FAX JUL 26-AUG 25 01-210-62-00-5436 09/28/04 45.22 TELEPHONE INVOICE TOTAL: 45.22 630553121008 08/25/04 01 LIFT STATION JUL 26-AUG 25 51-000-62-00-5436 09/28/04 21.52 TELEPHONE INVOICE TOTAL: 21.52 630553170308 08/25/04 01 WATER OP - JUL 26-AUG 25 51-000-62-00-5436 09/28/04 19.97 TELEPHONE INVOICE TOTAL: 19.97 630553434908 08/25/04 01 CITY HALL JUL 26-AUG 25 01-110-62-00-5436 09/28/04 908.71 TELEPHONE 02 CITY HALL JUL 26-AUG 25 01-210-62-00-5436 908.71 TELEPHONE 03 CITY HALL JUL 26-AUG 25 51-000-62-00-5436 908.71 TELEPHONE INVOICE TOTAL: 2,726.13 630553542608 08/25/04 01 PUMP HOUSE JUL 26-AUG 25 51-000-62-00-5436 09/28/04 70.50 TELEPHONE INVOICE TOTAL: 70.50 630553652208 08/25/04 01 POLICE DEPT JUL 26-AUG 25 01-210-62-00-5436 09/28/04 19.19 TELEPHONE INVOICE TOTAL: 19.19 630553757508 08/25/04 01 CITY HALL FAX JUL 26-AUG 25 01-110-62-00-5436 09/28/04 99.93 TELEPHONE INVOICE TOTAL: 99.93 630553901608 08/25/04 01 POLICE DEPT JUL 26-AUG 25 01-210-62-00-5436 09/28/04 57.53 TELEPHONE INVOICE TOTAL: 57.53 DATE: 09/17/04• UNITED CITY OF YO LLE PAGE• PINE: 16:51:07 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT SBC SBC 630882841208 08/25/04 01 WATER OP - JUL 26-AUG 25 51-000-62-00-5436 09/28/04 23.97 TELEPHONE INVOICE TOTAL: 23.97 VENDOR TOTAL: 3,083.96 SERVMASC SERVICEMASTER COMMERCIAL 124109 09/15/04 01 ADMIN - MONTHLY CHARGES 01-110-62-00-5406 09/28/04 550.00 OFFICE CLEANING INVOICE TOTAL: 550.00 VENDOR TOTAL: 550.00 SIBENG SIBENALLER, GREGORY 082404 08/24/04 01 ADMIN - VISION REIMBURSEMENT 01-110-50-00-5205 09/28/04 666.95 BENEFITS - DENTAL/VISION A INVOICE TOTAL: 666.95 VENDOR TOTAL: 666.95 SMITH SMITH ENGINEERING 323334 07/23/04 01 MFT - GAME FARM/SOMONAUK RD 15-000-75-00-7107 09/28/04 21,769.50 CONSTRUCTION ENGINEERING INVOICE TOTAL: 21,769.50 VENDOR TOTAL: 21,769.50 STEVENS STEVEN'S SILKSCREENING 080204 08/02/04 01 STREETS - 10 TSHIRTS 01-410-62-00-5421 00202002 09/28/04 140.00 WEARING APPAREL INVOICE TOTAL: 140.00 VENDOR TOTAL: 140.00 TAPCO TRAFFIC & PARKING CONTROL INC DATE: 09/17/0 UNITED CITY OF YSILLE PAG•6 TIME: 16:51:07 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT TAPCO TRAFFIC & PARKING CONTROL INC 204515 08/25/04 02 WATER OP - SAFETY VESTS 51-000-75-00-7004 00202069 09/28/04 103.40 SAFETY EQUIPMENT INVOICE TOTAL: 103.40 204594 08/25/04 01 MFT - YIELD & AHEAD SIGNS 15-000-75-00-7007 00202069 09/28/04 231.88 SIGNS INVOICE TOTAL: 231.88 204623 08/25/04 01 MFT - HARDWARE 15-000-75-00-7007 00202069 09/28/04 87.76 SIGNS INVOICE TOTAL: 87.76 VENDOR TOTAL: 423.04 TEAUSAWS SHEILA TEAUSAW 082304PW 08/23/04 01 ADMIN - PUBLIC WORKS MINUTES 01-110-62-00-5401 09/28/04 55.00 CONTRACTUAL SERVICES INVOICE TOTAL: 55.00 082604PS 08/26/04 01 ADMIN - PUBLIC SAFETY MINUTES 01-110-62-00-5401 09/28/04 65.00 CONTRACTUAL SERVICES INVOICE TOTAL: 65.00 VENDOR TOTAL: 120.00 UPSIL UPS 00004296X2364 09/04/04 01 WATER OP - 2 PACKAGES 51-000-65-00-5808 09/28/04 28.40 POSTAGE & SHIPPING INVOICE TOTAL: 28.40 00004296X2374 09/11/04 01 WATER OP-2 PACKAGES 51-000-65-00-5808 09/28/04 53.65 POSTAGE & SHIPPING INVOICE TOTAL: 53.65 VENDOR TOTAL: 82.05 DATE: 09/17/04• UNITED CITY OF Y•LLE PAGE27 DIME: 16:51:07 DETAIL BOARD REPORT ID: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT WASTE WASTE MANAGEMENT 2164566-2011-3 09/01./04 01 HEALTH & SANITATION 01-540-62-00-5442 09/28/04 40,843.78 GARBAGE SERVICES INVOICE TOTAL: 40,843.78 VENDOR TOTAL: 40,843.78 WAUBONSE WAUBONSEE COMMUNITY COLLEGE 2005-022 09/01/04 01 ADMIN-DEALING WITH DIFFICULT 01-110-64-00-5604 00102183 09/28/04 900.00 TRAINING & CONFERENCES 02 SITUATIONS CLASS ** COMMENT ** INVOICE TOTAL: 900.00 VENDOR TOTAL: 900.00 WEBLINX WEBLINX INCORPORATED 1969 09/03/04 01 ADMIN - SEPT WEBSITE 01-110-62-00-5401 09/28/04 100.00 CONTRACTUAL SERVICES INVOICE TOTAL: 100.00 VENDOR TOTAL: 100.00 WHOLTIRE WHOLESALE TIRE 105479 09/09/04 01 POLICE - BATTERY ADJUSTMENT 01-210-62-00-5409 09/28/04 11.99 MAINTENANCE - VEHICLES INVOICE TOTAL: 11.99 105536 09/14/04 01 POLICE - BATTERY ADJUSTMENT 01-210-62-00-5409 09/28/04 8.00 MAINTENANCE - VEHICLES INVOICE TOTAL: 8.00 VENDOR TOTAL: 19.99 WIREWIZ WIRE WIZARD OF ILLINOIS, INC R 3861 08/25/04 01 WATER OP - BURGLAR ALARM MONT. 51-000-65-00-5804 09/28/04 69.00 OPERATING SUPPLIES INVOICE TOTAL: 69.00 VENDOR TOTAL: 69.00 ATE: 09/17/04 • UNITED CITY OF YO LE PAGE:4111 IME: 16:51:07 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT OODJ WOODRICK, JENNIFER 090304 09/03/04 01 ENG - CLASSES AT WCC 01-150-64-00-5604 09/28/04 369.00 TRAINING & CONFERENCES INVOICE TOTAL: 369.00 VENDOR TOTAL: 369.00 !TRPRD WATER PRODUCTS, INC. 0171787 08/06/04 01 WATER OP - COMBO KEY 51-000-65-00-5804 00201950 09/28/04 85.95 OPERATING SUPPLIES INVOICE TOTAL: 85.95 0171788 08/06/04 01 WATER OP - CURB BOX KEY 51-000-65-00-5804 00020195 09/28/04 45.00 OPERATING SUPPLIES INVOICE TOTAL: 45.00 0171874 08/10/04 01 WATER OP - HYDRANT EXTENSION 51-000-65-00-5804 00020195 09/28/04 380.00 OPERATING SUPPLIES INVOICE TOTAL: 380.00 0171875 08/10/04 01 WATER OP - CURB STOP /COUPLING 51-000-65-00-5804 00020195 09/28/04 343.52 OPERATING SUPPLIES INVOICE TOTAL: 343.52 0172353 08/24/04 01 SEWER OP - SEWER BALL PLUG 52-000-62-00-5419 00202050 09/28/04 733.00 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: 733.00 0172769 09/09/04 01 SEWER OP - RETURNING BALL PLUG 52-000-62-00-5419 00202050 09/28/04 -613.00 MAINTENANCE-SANITARY SEWER INVOICE TOTAL: -613.00 VENDOR TOTAL: 974.47 'OPDPET YORKVILLE POLICE DEPARTMENT 090304 09/14/04 01 POLICE - CUTTING STRIP/BLADE 01-210-65-00-5802 09/28/04 14.70 OFFICE SUPPLIES ATE: 09/17/04 • UNITED CITY OF YO LLE PAGE• IME: 16:51:07 DETAIL BOARD REPO T D: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT DPDPET YORKVILLE POLICE DEPARTMENT 090304 09/14/04 02 POLICE - SOLICITOR BACKGROUND 01-210-65-00-5802 09/28/04 16.00 OFFICE SUPPLIES 03 POLICE - BACKGROUND CHECK 01-210-65-00-5802 64.00 OFFICE SUPPLIES 04 PARK & RECREATION ** COMMENT ** 05 POLICE - LUNCH 203 & 215 01-210-64-00-5605 10.83 TRAVEL EXPENSES 06 POLICE - LIQUOR LICENSE 01-210-65-00-5804 7.50 OPERATING SUPPLIES 07 COMPLIANCE CHECK ** COMMENT ** 08 POLICE - COMPLIANCE CHK DINNER 01-210-64-00-5605 26.43 TRAVEL EXPENSES 09 POLICE - GET WELL HART/HAYES 01-210-65-00-5804 138.14 OPERATING SUPPLIES 10 POLICE - MEAL REIMBURSEMENT 01-210-64-00-5605 29.17 TRAVEL EXPENSES 11 POLICE - TOTAL STATION TRAININ 01-210-64-00-5605 65.00 TRAVEL EXPENSES 12 POLICE - PELICAN CASE 01-210-65-00-5804 97.95 OPERATING SUPPLIES INVOICE TOTAL: 469.72 VENDOR TOTAL: 469.72 YOPOST YORKVILLE POSTMASTER 091604 09/14/04 01 WATER OP - STAMPS FOR PENALTY 51-000-65-00-5808 09/28/04 92.00 POSTAGE & SHIPPING INVOICE TOTAL: 92.00 VENDOR TOTAL: 92.00 YORKACE YORKVILLE ACE & RADIO SHACK 078749 08/24/04 01 WATER OP - STAPLE 51-000-65-00-5804 09/28/04 10.47 OPERATING SUPPLIES INVOICE TOTAL: 10.47 VENDOR TOTAL: 10.47 )ATE: 09/17/04• UNITED CITY OF YO•LLE PAGE", 'IME: 16:51:07 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM 'ENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'OUNGM YOUNG, MARLYS 072004COW 08/28/04 01 ADMIN - RECORDING MINUTES COW 01-110-62-00-5401 09/28/04 131.25 CONTRACTUAL SERVICES INVOICE TOTAL: 131.25 081204ADMIN 09/03/04 01 ADMIN-ADMIN COMMITTEE MINUTES 01-110-62-00-5401 09/28/04 93.75 CONTRACTUAL SERVICES INVOICE TOTAL: 93.75 VENDOR TOTAL: 225.00 fRKAUTO YORKVILLE AUTO PARTS 083104CM 08/31/04 01 POLICE - CREDIT 01-210-62-00-5409 09/28/04 -66.25 MAINTENANCE - VEHICLES INVOICE TOTAL: -66.25 660672 08/04/04 01 SEWER OP - SILICONE 52-000-65-00-5804 09/28/04 2.59 OPERATING SUPPLIES INVOICE TOTAL: 2.59 661325 08/09/04 01 STREETS - WRENCH 01-410-62-00-5409 09/28/04 8.49 MAINTENANCE-VEHICLES INVOICE TOTAL: 8.49 661767 08/11/04 01 STREETS - AIR & OIL FILTER 01-410-62-00-5409 09/28/04 27.64 MAINTENANCE-VEHICLES INVOICE TOTAL: 27.64 663573 08/24/04 01 ENG-BRACKET 01-150-62-00-5409 09/28/04 3.99 MAINTENANCE-VEHICLES INVOICE TOTAL: 3.99 663580 08/24/04 01 STREETS - BATTERY 01-410-62-00-5409 09/28/04 90.87 MAINTENANCE-VEHICLES INVOICE TOTAL: 90.87 )ATE: 09/17/04• UNITED CITY OF Y•LLE PAGE• 'IME: 16:51:07 DETAIL BOARD REPORT D: AP441000.WOW INVOICES DUE ON/BEFORE 09/28/2004 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P.O. # DUE DATE ITEM AMT 'RKAUTO YORKVILLE AUTO PARTS 663870 08/26/04 01 SEWER OP - SUPPLIES 52-000-65-00-5804 09/28/04 5.56 OPERATING SUPPLIES INVOICE TOTAL: 5.56 664328 08/30/04 01 STREETS - SUPPLIES 01-410-62-00-5409 09/28/04 13.99 MAINTENANCE-VEHICLES INVOICE TOTAL: 13.99 664515 08/31/04 01 STREETS - SUPPLIES 01-410-62-00-5409 09/28/04 17.49 MAINTENANCE-VEHICLES INVOICE TOTAL: 17.49 VENDOR TOTAL: 104.37 TOTAL ALL INVOICES: 374,926.00 • • • UNITED CITY OF YORKVILLE PAYROLL SUMMARY PAY PERIOD ENDING 09/04/04 SOCIAL REGULAR OVERTIME TOTAL SECURITY IMRF TOTALS ADMINISTRATION $17,008.94 $0.00 $17,008.94 $1,301.18 $1,611.04 $19,921.16 ENGINEERING $9,211.79 $0.00 $9,211.79 $704.69 $927.63 $10,844.11 POLICE $48,994.12 $2,729.86 $51 ,723.98 $3,956.92 $391.69 $56,072.59 PUBLIC WORKS $17,127.12 $1 ,356.52 $18,483.64 $1,414.05 $1,861.31 $21,759.00 LIBRARY $5,118.18 $0.00 $5,118.18 $391 .53 $330.62 $5,840.33 RECREATION $10,725.34 $0.00 $10,725.34 $820.53 $625.46 $12,171.33 PARKS $12,602.97 $427.09 $13,030.06 $996.76 $984.26 $15,011.08 TOTALS $120,788.46 $4,513.47 $125,301.93 $9,585.66 $6,732.01 $141,619.60 TOTAL INVOICES 9/28/2004 $374,926.00 TOTAL PAYROLL 9/4/2004 $141,619.60 TOTAL DISBURSEMENTS $516,545.60 BUILDING PERMIT REPORT United City of Yorkville August 2004 ............................... Types ofPermits Number of Permits Issued SFD 2-Family Multiple-Family Commercial Industrial rinl Miscellaneous Total Construction Cost August 2004 122 j 54 0 0 4 1 63 $13,703,364.00 Calendar Year 2004 r 738 341 3 0 11 1 381 $71,842,722.00 Fiscal Year 2004 466 209 0 0 8 1 248 $46,817,127.00 August 2003 98 46 1 0 4 0 47 $13,235,310.00 Calendar Year 2003 2 617 243 12 0 23 1 338 j $63,323,435.00 Fiscal Year 2003 402 147 9 0 15 0 231 $39,545,034.00 August 2002 93 31 0 2 3 0 57 $8,697,796.00 Calendar Year 2002' 583 188 3 4 31 0 357 j $44,991,917.00 Fiscal Year 2002 342 93 1 2 15 0 231 $23,203,688.00 August 2001 54 24 0 0 7 1 22 $8,164,832.00 Calendar Year 2001 4 335 123 5 4 12 2 189 $33,278,564.00 Fiscal Year 2001 222 79 4 3 9 2 125 $23,481,144.00 August 2000 28 ! 15 0 0 0 0 13 $2,238,850.00 Calendar Year 2000 5 j 233 85 1 0 4 0 147 $12,928,488.50 Fiscal Year 2000 141 55 1 0 3 0 87 $8,291,410.00 3 Permit Number Y-04-097 and Y-04-098 were issued for each side of a duplex,only 1 structure was built. z Permit Number Y-2003-324 was voided,thus only 617 of 618 assigned permit numbers were actually issued. 3 Permit Number Y-2002-034 was voided,thus only 583 of 584 assigned permit numbers were actually issued. Permit number Y-01-259 was for 4 Multiple SFDs and was reissued as Y-01-259A,B,C,and D. 5 Permit Number F-00-I89 was for 6 Attached SFDs and Y-00-122 was for 6 Attached SFDs;also permit number Y-00-101 was voided,thus only 233 of 234 assigned permit numbers were actually issued. -s < � • • ( ; RESOLUTION No. RESOLUTION TO SET A DATE FOR A PUBLIC HEARING FOR THE UNITED CITY OF YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PLAN AND PROJECT BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, (the"City") as follows: Section 1: It is necessary and in the best interest of the United City of Yorkville that a public hearing be held prior to the adoption by the City Council of an ordinance or ordinances establishing the United City of Yorkville Tax Increment Financing Redevelopment Project and Plan and the United City of Yorkville Tax Increment Financing Redevelopment Project Area and, accordingly, it is necessary that a date for such public hearing be established and notice thereof be given, all in accordance with the provisions of the Tax Increment Allocation Redevelopment Act, as amended, 65 ILCS 7/11-74.4-1 et seq. (the "Act"). Section 2: It is hereby determined that a public hearing (the "Hearing") on the proposed United City of Yorkville Tax Increment Financing Redevelopment Project and Plan for the proposed Redevelopment Project Area, as identified in Exhibit A, attached hereto and made a part hereof(the "Area"), and the same shall be held by the Mayor and City Council of the United City of Yorkville on the 23rd day of November, 2004 at City Hall, 800 Game Farm Road, Yorkville, Illinois, at 7:00 p.m. Section 3: Notice of the Hearing be, and is hereby authorized to be given by publication and mailing, said notice by publication to be given at least twice, the first publication to be not more than 30 nor less than 10 days prior to the Hearing in the Kendall County Record, being a newspaper of general circulation within the taxing districts in the Area, and said notice by 1 mailing to be given by depositing such notice in the United States mail by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area, not less than ten (10) days prior to the date set for the Hearing; provided, however, that in the event taxes for the last preceding year were not paid, notice shall also be sent to the persons last listed on the tax rolls within the preceding three years as owners of such property. Section 4: Notice of the Hearing be, and the same is hereby directed to be in substantially the following form: Public Notice is hereby given that on the 23rd day of November, 2004, the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, will hold a public hearing at 7:00•p.m. in the City Hall, 800 Game Farm Road, Yorkville, Illinois, on a proposed United City of Yorkville Tax Increment Financing Redevelopment Project and Plan as resulting from a proposed Redevelopment Project Area legally described as follows: See attached Exhibit A The Plan objectives are to reduce or eliminate blighting conditions, in the proposed redevelopment project area, to enhance the tax base of the United City of Yorkville and other affected taxing districts by encouraging private investment within the proposed redevelopment project area, to prevent the recurrence of blighting conditions, and to preserve and enhance the value of properties therein are not to be changed. To accomplish such objectives, the United City of Yorkville proposes to provide public improvements within the proposed redevelopment project area and adjacent thereto, to enter into redevelopment agreements and undertakings for the construction of improvements necessary to develop the proposed project area, all lin accordance with the provisions of"Tax Increment Allocation Redevelopment Act", effective January 10, 1977, as amended. The United City of Yorkville may issue obligations secured by the special tax allocation fund and the full faith and credit of the municipality to finance a portion of the cost of the Plan. 2 By Order of the Mayor and City Council of the United City of Yorkville this 28th day of September, 2004. City Clerk Section 5: Not less than 45 days prior to the date set for the Hearing, notice is hereby directed to be given by mail as hereinabove provided to all taxing districts of which taxable property is included in the Area and such notice shall also include an invitation to each taxing district to submit written comments to the United City of Yorkville, in care of the Deputy Clerk, at City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560, concerning the subject matter of the Hearing prior to the date of the Hearing. Section 6: It is hereby ordered that a Joint Review Board shall be convened within fourteen(14) days following the notice to be given to all taxing districts as provided in Section 5 hereof, to consider the proposed Redevelopment Project and Plan. This Joint Review Board shall consist of a representative selected by the community college district, the unit school district, the county, the township, the fire protection district, the park district, the library district, this United City of Yorkville and a public member to be selected by a majority of other board members, and shall act in accordance with the applicable provisions of the Act. Section 7: The document entitled "US Route 34 &IL Route 47 Tax Increment Financing Redevelopment Project and Plan(Countryside Shopping Center)" constituting the redevelopment plan for the proposed redevelopment project will be available for inspection and review commencing September 17, 2004, at the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois during regular office hours. 3 Section 8: Notice by publication of the establishment of an interested parties registry which entitles all registrants to receive information on the proposed designation of a redevelopment project area and the preparation of a redevelopment plan has been authorized and has been published. Section 9: All resolutions or orders in conflict herewith be and the same hereby are, to the extent of such conflict, repealed. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution. ADOPTED this day of , 2004, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this day of , 2004. Mayor Attest: City Clerk 4 ORDINANCE No. ORDINANCE TO SET A DATE FOR A PUBLIC HEARING FOR THE UNITED CITY OF YORKVILLE TAX INCREMENT FINANCING REDEVELOPMENT PLAN AND PROJECT BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, (the"City") as follows: Section 1: It is necessary and in the best interest of the United City of Yorkville that a public hearing be held prior to the adoption by the City Council of an ordinance or ordinances establishing the United City of Yorkville Tax Increment Financing Redevelopment Project and Plan and the United City of Yorkville Tax Increment Financing Redevelopment Project Area and, accordingly, it is necessary that a date for such public hearing be established and notice thereof be given, all in accordance with the provisions of the Tax Increment Allocation Redevelopment Act, as amended, 65 ILCS 7/11-74.4-1 et seq. (the "Act"). Section 2: It is hereby determined that a public hearing (the "Hearing") on the proposed United City of Yorkville Tax Increment Financing Redevelopment Project and Plan for the proposed Redevelopment Project Area, as identified in Exhibit A, attached hereto and made a part hereof(the "Area"), and the same shall be held by the Mayor and City Council of the United City of Yorkville on the 23`d day of November, 2004 at City Hall, 800 Game Farm Road, Yorkville, Illinois, at 7:00 p.m. Section 3: Notice of the Hearing be, and is hereby authorized to be given by publication and mailing, said notice by publication to be given at least twice, the first publication to be not more than 30 nor less than 10 days prior to the Hearing in the Kendall County Record, being a newspaper of general circulation within the taxing districts in the Area, and said notice by 1 mailing to be given by depositing such notice in the United States mail by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area, not less than ten (10) days prior to the date set for the Hearing; provided, however, that in the event taxes for the last preceding year were not paid, notice shall also be sent to the persons last listed on the tax rolls within the preceding three years as owners of such property. Section 4: Notice of the Hearing be, and the same is hereby directed to be in substantially the following form: Public Notice is hereby given that on the 23rd day of November, 2004, the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, will hold a public hearing at 7:00 p.m. in the City Hall, 800 Game Farm Road, Yorkville, Illinois, on a proposed United City of Yorkville Tax Increment Financing Redevelopment Project and Plan as resulting from a proposed Redevelopment Project Area legally described as follows: See attached Exhibit A The Plan objectives are to reduce or eliminate blighting conditions, in the proposed redevelopment project area, to enhance the tax base of the United City of Yorkville and other affected taxing districts by encouraging private investment within the proposed redevelopment project area, to prevent the recurrence of blighting conditions, and to preserve and enhance the value of properties therein are not to be changed. To accomplish such objectives, the United City of Yorkville proposes to provide public improvements within the proposed redevelopment project area and adjacent thereto, to enter into redevelopment agreements and undertakings for the construction of improvements necessary to develop the proposed project area, all lin accordance with the provisions of"Tax Increment Allocation Redevelopment Act", effective January 10, 1977, as amended. The United City of Yorkville may issue obligations secured by the special tax allocation fund and the full faith and credit of the municipality to fmance a portion of the cost of the Plan. 2 By Order of the Mayor and City Council of the United City of Yorkville this 28th day of September, 2004. City Clerk Section 5: Not less than 45 days prior to the date set for the Hearing, notice is hereby directed to be given by mail as hereinabove provided to all taxing districts of which taxable property is included in the Area and such notice shall also include an invitation to each taxing district to submit written comments to the United City of Yorkville, in care of the Deputy Clerk, at City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560, concerning the subject matter of the Hearing prior to the date of the Hearing. Section 6: It is hereby ordered that a Joint Review Board shall be convened within fourteen(14) days following the notice to be given to all taxing districts as provided in Section 5 hereof, to consider the proposed Redevelopment Project and Plan. This Joint Review Board sha 1 consist of a representative selected by the community college district, the unit school district, the county, the township, the fire protection district, the park district, the library district, this United City of Yorkville and a public member to be selected by a majority of other board members, and shall act in accordance with the applicable provisions of the Act. Section 7: The document entitled "Country Side Shopping Center Redevelopment Plan and Project" constituting the redevelopment plan for the proposed redevelopment project will be available for inspection and review commencing September 17, 2004, at the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois during regular office hours. Section 8: Notice by publication of the establishment of an interested parties registry which entitles all registrants to receive information on the proposed designation of a 3 redevelopment project area and the preparation of a redevelopment plan has been authorized and has been published. Section 9: All resolutions or orders in conflict herewith be and the same hereby are, to the extent of such conflict, repealed. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Resolution. ADOPTED this day of , 2004, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this day of , 2004. Mayor Attest: City Clerk 4 NOTICE OF MEETING OF JOINT REVIEW BOARD Bristol Township Kendall County 111 West Fox Street Yorkville Library Yorkville, Illinois 60560 Waubonsee Junior College#516 Yorkville School Community Unit#115 Route 47 at Waubonsee Drive 602-A Center Parkway Sugar Grove,Illinois 60554 Yorkville,Illinois 60560 Bristol-Kendall Fire Protection District United City of Yorkville 103 East Beaver Street Yorkville, Illinois 60560 YOU ARE HEREBY NOTIFIED that a meeting of the Joint Review Board to consider the proposed Tax Increment Financing Redevelopment Project and Plan will be convened on October 18, 2004, commencing at 10:00 a.m. at the United City of Yorkville City Hall, 800 Game Farm Road, Yorkville,Illinois 60560. PLEASE BE ADVISED that the Joint Review Board, at its initial meeting, shall elect a public member as well as a chairperson. In accordance with the provisions of the Tax Increment Allocation Redevelopment Act (the "Act") (65 ILCS 5/11-74.1-1 et seq.), the Joint Review Board shall review the public record, planning documents and the proposed Ordinances Approving the United City of Yorkville's Redevelopment Project and Plan and United City of Yorkville's Redevelopment Project Area to be submitted to the Mayor and City Council of the United City of Yorkville for adoption. The Joint Review Board shall be requested to provide an advisory, non-binding recommendation to be adopted by a majority vote and submitted to the City within thirty (30) days after the Board has been convened. Pursuant to the Act,the Board is required to base its decision to approve or deny the proposal on the basis of the area satisfying the eligibility criteria as defined in the Act. In the event you have any questions, please contact Liz D'Anna, Deputy Clerk at 630.553.4350. /s/Jackie Milschewski, City Clerk A/V4l :j ,? Aug-05-04 04:28pm From-Schain Burney Ross 312 332 0323 T-211 P.002/006 F-874 SCHAIN, BURr NEY, LTD.(St. LTD. LAW OFFICES Suite 1910 JEROME S. SC11A1N 222 North LaSalle Street Direct lltal(312)422-7629 Chicago,Illinois 606014102 E•Mull;jbchalneschatnlaw.com 312-332-0200 Fax 312.332-4514 August 5, 2004 Mr. Anton Graff United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Tony, Thank you for meeting with us and giving us the opportunity to work for the United City of Yorkville. We have enclosed a Fee Agreement for your review. We believe that our experience as corporate counsel for the Villages of Palatine and Vernon Hills, general counsel for the West Central Municipal Conference and West Central Solid Waste Agency, as well as our general development representation, gives us the experience necessary to give you the help that you have requested. Enclosed is a resume for Glenn Sechen who heads up our environmental law department and has extensive experience as a hearing officer. Also enclosed is my business card with my home numbers listed. Please do not hesitate to contact me at any time if you need further information or if you have any questions at all. Very truly yours, PeAot-N. � 2;,,,/ Jerome S. Schain JSS:dsl Enclosures Aug-05-04 04:28pm From-Schain Burney Ross 312 332 0323 T-211 P.003/006 F-974 SCHAIN, BURNEY, Ross & CITRON, LTD. LAW OFFICES • Suite 1910 JEROME S.SCI4AIN 222 Notch LaSalle Street Direct Dial(312)412-7629 Chicago,Illinois 60601-1102 E•Mail:ischaineschninlaw.com 312-332-0200 Fax 312-332-4514 August 5,2004 Mr. Anton Graff United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Fee Agreement for Drafting and Negotiating Facilities Expansion Agreement and Sanitary District Inter-Governmental Agreement Dear Mr. Graff: Thank you for considering our firm to represent the United City of Yorkville (City) in the above-referenced matters. We have prepared the following fee agreement for your review. Our fees are computed on an hourly basis in accordance with the standard rates assigned to the particular attorney performing the work. If we are paid by the developers or from developers' escrows, our standard rates will be as follows: Bob Kenny - $300 per hour, Dan Shapiro - $250 per hour, and Patrick Brankin - $250 per hour. These are the attorneys who may be working on this matter. My rate is $475 an hour. However, if we are paid by the City, and the City is not reimbursed by the developers, then the municipal hourly rate would be $175 per hour for Bob, Dan and Patrick. I would anticipate, at this time, that Bob will be doing most of your work. I will help whenever the team thinks my services are necessary, For efficiency purposes, we try to utilize other attorneys (at lower hourly rates), clerks or paralegals where appropriate to keep legal costs at a reasonable level. We will inform you of those persons involved and their current hourly rates. Our rates are subject to adjustment at any time, and the applicable rates will be those in effect at the time the services are rendered. Our work for the City would include drafting the proposed Rob Roy Creek Interceptor Facilities Expansion Agreement (Agreement) and negotiating the Agreement with various developers within the service area. We would also assist the City in drafting the proposed Inter-Governmental Agreement between the Yorkville Bristol Sanitary District (YBSD) and the City. Aug-05-04 04:28pm From-Schain Burney Ross 312 332 0323 T-211 P.004/008 F-974 SCHAIN, BURNEY, Ross & CITRON, LTD. Mr. Anton Graff Page 2 It is impossible to determine in advance the exact amount of time that will be needed to complete this case and the total amount of fees and costs which may be incurred. We will keep you fully informed of the work being done and you will receive monthly statements describing the work which has been done on your behalf. Reimbursement for costs advanced by us and other expenses will be billed in addition to fees for services. Please note that the costs for reproducing documents and faxes are built into our hourly rates and will not be billed. We will ask you to pay directly disbursements of amounts in excess of $100.00. All costs and expenses advanced on your behalf will be itemized and billed. Our billing procedures are designed to be as simple and clear as possible. You will receive a statement for services rendered and for costs and expenses. Payment is due within fifteen (15) days of receipt of the billing. We encourage you to ask us any questions you may have regarding these statements. You have the right to terminate our services upon written notice at any time. We also have the right to terminate our services in the event that you fail to pay in full the monthly statements as submitted or to cooperate on reasonable requests. If this letter accurately summarizes your understanding of our attorney-client relationship, please indicate your approval and acceptance by dating and signing the enclosed copy of this letter and returning it to me. We look forward to working with you on this matter. Sincerely, peikonyf (SO, Jerome S. Schain AGREEMENT ACCEPTED: Date: JS/dsl Aug-05-04 04:28pm From-Schain Burney Ross 312 332 0323 T-211 P.OD5/006 F-074 SCHAIN, BURNEY, Ross & CITRON, LTD. GLENN C. SECHEN Environmental Partner Glenn C. Sechen received his Juris Doctor and LLM degrees from the John Marshall Law School and is a graduate of the Purdue University School of Engineering. He is the Environmental Partner at Schain, Burney, Ross & Citron, Ltd. in Chicago. Mr. Sechen is the former Chief of the Environmental Litigation Division of the Cook County State's Attorney's Office and also served as both a Special Assistant United States Attorney and as a Special Assistant Attorney General for civil and criminal environmental enforcement. During his tenure, the Environmental Litigation Division became known for several landmark environmental cases. Mr. Sechen represents several regional solid waste planning entities. He is involved in acting as a hearing officer as well as representing government and the waste industry in the siting of pollution control facilities including landfills, transfer stations and waste-to-energy facilities, as well as in the permitting and the defense of environmental enforcement actions. He has authored numerous articles on solid waste issues. Mr. Sechen is the past Co-Chair of the American Bar Association's Urban, State and Local Government Law's Committee on Solid Waste. He has also been active as a member of the Chicago Bar Association's Committee on Judicial Evaluation and the Environmental Law Committee on which he served as the Chair. In addition, Mr. Sechen served on the Governor's Task Force on Small Business and the Environment and the Governor's Task Force on Environmental Amnesty. Mr. Sechen has also been active in the Chicagoland Chamber of Commerce and the Illinois Public Policy Forum. s ra ee,k,.;,sem" f,W"9 e. WRI er,' , ,.� ._ - .y)J - .._ __._...-_.. _ ._. 3 k : ` SCHAIN, BURNEY, 11 income and ROSS & CITRON, LTD. { a� Estate Tax Law Schain, Burney, Ross & Citron, Ltd. t"L� -- , concentrates its practice in all aspects li . : . Estate Planning, Business Tax Plan- g� of real estate matters including real , ping and Contested Matters ( , -1 .. estate transactions, land use and envi- The income and estate planning and tax ronmental law. Many of our attorneys I� � � practice group provides advice for ` � ,. specialize in more than one area of law, �„ � clients concerning the ownership of which allows us to provide our clients li � t S their closely held businesses, ; �' �` i investments,real estate and other assets expertise in the areas of commercial �.:. ` and proposed transactions to assist in litigation, business and corporate law, ., 4 ` `'' " b the accomplishment of the client's municipal law,real estate tax and sales ��� € �' I'I -». goals.This may include the minimiza- tax law, too. iii tion of transfer and income taxes, ,, �$-.. - preserving family wealth, business We take pride in our ability to offer k �F succession planning, asset protection clients personalized, comprehensive, II( planning,trust and estate administration Il �° and the preparation of wills and trusts. and quality representation. This superior service is due,in large part,to .z The practice group utilizes many of the the capabilities and experience of our € L;,-„f,4,41.- latest techniques such as family limited .r= staff, associates and partners as well as �x partnerships, limited liability corn- a , to the size of our Firm and its 6� panics, intra-family installment sales, qualified personal residence trusts, resources. H, ._ ' charitable trusts and tax free exchanges. - 4-. We also represent clients in contested Schain, Burney, Ross & Citron, Ltd.is I n ,4 income and estate tax matters as well recommended by Martindale-Hubbell, r -- - as provide counsel in the administration a national directory of attorneys and law" � of trusts and estates to assure that a firms.We have earned an"AV"perfor- �- decedent's wishes are carried out in an mance ranking from this professional - efficient manner. rating _ _� fun'— its highest classification. t Additionally, clients and colleagues ,," ''= acknowledge that our performance is R,_-,:--T =� guided by the utmost in professional ,,.` A standards. t -.-'-," , Since 1976, the attorneys of Schain, ` - _ Burney,Ross&Citron have endeavored ,I , w r„ to provide our clients with superior, j results-oriented service. We are proud ._�' � of our accomplishments and confident { ' `� in our ability to continue to serve every client in the same manner. S i ATTORNEY AT LAWo `,,.E .. ATTORNEYS i- T L.A\ qz �� d _ 4 DANIEL C. ROBERT C. SHAPIRO KENNY Mr. Shapiro received his law degree in Mr. Kenny received his law degree in 1987 from American University Washing- 1978 from The John Marshall Law ton College of Law and his undergraduate School and his undergraduate degree degree with high honors from the Univer- from Georgetown University. sity of Michigan in Ann Arbor. He practices in the areas of land use and He practices in the areas of land use and municipal law.He represents individu- zoning,municipal law,complex litigation, als,developers and municipalities in all and civil and human rights actions.He aspects of land use and zoning matters has represented and advised local gov- including single family,multiple family, ernment entities,private clients as well as commercial and industrial develop- associations. ments. He represents clients before He has argued before the Seventh Circuit county and state boards and agencies Court of Appeals, the Illinois Supreme and is involved in complex annexation Court and the Illinois Appellate Courts matters at the local and state court and has successfully presented adminis- levels. trative actions before plan commisions, In addition, Mr. Kenny serves as zoning boards and village,city and county Village Attorney for the Village of boards. He has extensive bench and jury Palatine. trial experience having successfully He has lectured on the First Amendment litigated several matters to verdict. Right of Free Speech before the Mr.Shapiro is a frequent guest speaker at Chicago Bar Association,tax increment Illinois Municipal League functions and financing at real estate seminars and has spoken on areas including labor law, telecommunication issues for munici- sexual harassment, the Open Meetings palities before the Illinois Municipal Act, and labor law issues. League. Mr. Shapiro is a member of the He is a member of the Home Builders Illinois State Bar Association, the Association of Lake County,the Ameri- Chicago Bar Association,Will County Bar can Bar Association, the Illinois State Association,and the Dupage County Bar Bar Association and the Lake County Association.In addition,he serves on the Bar Association. Local Government Committee and Civil Mr. Kenny has been admitted to the Practice Committee of the Will County Illinois Bar and the Federal Trial Bar Bar Association. for the United States District Court for Mr. Shapiro is a member of the Illinois the Northern District of Illinois. Bar and the United State's District Court of the Northern District for Illinois. dshapiro@schainlaw.com rkenny @ schainlaw.com TTO _: NEY AT T AW ATTORNEY AT LAW vrmamommoasoSmaerffdarg per. REAL ESTATE LAND USE F Y,{_ '= REGULATION TRANSACTIONS f 1`11 Contracts, Leases, Annexations, Zoning Relief Liens and Loans Licenses and Permits 01 y' The real estate practice group represents The land use practice group provides clients involved in all aspects of real es clients with legal advice related to all tate transactions from landowners to aspects of the development process.The ` developers.Asubstantial portion of this ! Firm is active in the City of i-Kpractice area is dedicated to assisting Chicago and in Cook,Lake,McHenry, -;' clients in structuring transactions, DuPage,Kane and Will counties as well drafting and negotiating contracts and as the many municipalities in those assisting in planning methods and counties. mechanisms for closing complex The staff processes requests for zoning transactions. Attorneys regularly draft relief including map and text R and negotiate loan documents for lenders as well as borrowers. amendments, variances and planned developments.The attorneys negotiate .-, The practice group assists commercial and draft agreements relating to annex- - developer clients in projects that ation, subdivision development and _ l's" involve acquiring property, obtaining recapture. approvals, preparing development ' documentation such as covenants, Also, the attorneys assist clients in conditions and easement agreements ! obtaining IDOT and county highway and lease negotiations with all types of access permits, Army Corps of Engi national and regional retailers. neers wetland permits, IDOT-DNR floodplain permits and Metropolitan With regard to residential and industrial Water Reclamation District and other -- development, attorneys prepare devel- regional utility connections. 1 opment documents such as home or lot sales contracts, condominium and In addition, the staff processes and homeowners declarations, condo- secures licenses of all types including , minium conversion documents and business,entertainment,food and liquor property reports. licenses. i ATTORNEYS NCYS 1 LAW ATTORNEYS AT LAW year. 4s; ENVIRONMENTAL COMMERCIAL LAW LITIGATION Consultation, Enforcement Defense, Contracts,Real Estate,Business, Land Permits and Transactional Law Use and General Civil Matters The environmental practice group Attorneys in the litigation practice represents manufacturers, waste group represent clients in legal disputes companies and government agencies as regarding contracts, real estate, busi- well as landowners and developers.This ness,land use and general civil matters. area of practice includes consultation, The litigators have extensive experience permitting, pollution control facility before the Illinois Circuit,Appellate and sitings,enforcement defense and litiga- Supreme Courts as well as the Federal • tion. Court for the Northern District of Illinois. The Firm also represents Also, the attorneys represent clients clients before numerous local,state and before the Metropolitan Water Recla- federal administrative agencies. mation District in such areas as user charges, enforcement actions and real The attorneys are regularly called upon estate matters. by clients to prosecute or defend cases involving declaratory judgments, Frequently, the attorneys are called injunction actions, actions for manda- upon as environmental counsel to evalu- mus, specific performance and money ate environmental reports and provide damages. These matters nesessarily consultation related to real involve extensive discovery, motions estate transactions,mergers and acqui- practice and trials. sitions. Representative cases include contract actions, unfair competition actions, construction disputes, zoning disputes and general commercial disputes. ATTORNEY AT LAW ATTORNEY' AT LAW , BUSINESS AND MUNICIPAL 11-71,`_, CORPORAI'b LAW LAW ''i Acquisitions, General Representation, Village Attorney r LLC and Partnerships and Special Counsel VI i The business and corporate practice Drawing upon the attorneys' expertise � . group provides a broad range of busi- in municipal law, this practice group 6, ness advice.The attorneys organize all addresses the varied legal problems that 6^i _:= types of business entities including confront a municipality. E.l , corporations, limited liability compa- t vies and limited partnerships. For example, serving as Village Attor- �; ney for the Village of Palatine and '; The attorneys assist clients in choosing Corporate Counsel for the Village of r.„:1and implementing new business Vernon Hills, the attorneys confront elements,which includes structuring the issues ranging from civil rights to owners' relationships. Regularly, the condemnation,contract,annexation and f:- ,_.;-. practice group represents clients in the zoning,negotiation and enforcement of acquisition, sale of businesses in- intergovernmental agreements as well 071 cluding transfers of assets or stock, as special financing techniques includ- F,l particularly regarding limited liability I ing Special Service Areas and Tax company membership interests. Increment Financing districts. r The business and corporate practice The Firm has been retained by numer- a. group advises clients regarding legal ous governmental agencies and F--='Laspects of business activities includ municipalities as Special Counselon a ing employment compensation and myriad of issues and legislative ff`jcontractual relationships. Also, the initiatives. ,I attorneys counsel owners and employ- ees in disputes involving termination of ry,I business relationships. r;1 "I p ri.! F 1. ATTORNEYS AT LAW ATTORNEYS AT , :=W 1 — — TII I REAL ESTATE SALES if TAX LAW TAX LAW ,, Analyses Actions, ki and Results Appeals and Audits ,i ii The Firm provides a vast array of tech- The major portion of the sales tax t,', nical and legal capabilities designed to practice area consists of representing obtain the lowest possible real estate taxpayers before the Chicago and taxes for the considerable amount of Illinois Departments of Revenue. h' landowning, taxpaying clients. Most cases involve legal issues raised . The services of the real estate tax prac- during tax audits. Initially, representa- ii tice area include preliminary analyses tion involves appearances at the taxing `'' to determine the appropriateness of agency before an administrative law pursuing relief,the filing and presenta- judge. The practice group also files `' tion of assessed valuation complaints to actions such as payment under protest i the county or township assessor,the fil- and administrative review as well as `"'I li ing and pursuit of appeals to the Board appeals of those decisions to the Illinois 'i; of Appeals or Board of Review and the Appellate and Supreme Courts. filing of specific objection complaints in court. In addition,the sales tax practice group provides representation before the Generally, fees for real estate tax Illinois Department of Revenue Board reductions are contingent and are based of Appeals when, for example, a client -.!, on the savings between the proposed tax seeks a compromise of tax and liabili- ties and the actual tax that results from this ties or a waiver of penalty and interest. practice group's efforts. i kli K €' ATTORNEYS AT LAW ATTORNEYS AT LAW Bristol Kendall Fire Protection District Impact Fee Study Single. Residential Multi-Residential Commercial Notes / Other Bristol Kendall Fire -Yorkville $300.00 $300.00 per unit $0.035 per sq ft Commercial $300 min. Little-Rock Fox - Plano $500.00 $0.00 Oswego Fire - Oswego $304.39 $456.58 $608.78 North Aurora $715.00 $715.00 per unit $0.08 per sq ft Sugar Grove Fire $400.00 + plan review $75.00 plan review Joliet $1 ,200.00 $1,200.00 $2,400.00 Elgin $650.00 $650.00 per unit $0.15 per sq ft Plainfield $1,000.00 $1,000.00 $0.15 per sq ft Minooka $100.00 $100.00 Aurora $325 per acre + $250 $325 per acre + $150 unit $0.15 sq ft non sprinkler $0.05 sq ft sprinkler Montgomery - Countryside No growth in there Dist. $200.00 plan review Troy Fire Prot. - Shorwood $700.00 $700.00 $0.10 per sq ft Bristol Kendall Fire - Request $847.58 $847.58 per unit $0.12 per sq ft WI$847.58 min. Plan review fee (TBD) Revised 09/16/2004 IT'. y r. Bristol Kendall Fire Protection District Impact Fee Request Report September 16, 2004 Bristol Kendall Fire Protection District 103 East Beaver Street Yorkville, Illinois 60560 630 553-6186 Page 1 The Bristol Kendall Fire Protection District provides fire protection, emergency medical services (EMS), and rescue services for the majority of The United City of Yorkville, a portion of The Village of Montgomery, and unincorporated sections of Kendall County for a total protection area of approximately 81 square miles. Rapid growth within the Fire Protection District has placed a critical financial burden on providing services to all areas of the District. The vast majority of the new growth, and thus the greatest impact, is occurring within the municipalities served by the District. Tax levy dollars are not being generated in the time frame needed to build services to accommodate this new growth. The following excerpt from The Elburn Herald, In Focus, dated September 16, 2004, provides additional information that may clarify this point. "Because of the way the property tax system works, it takes multiple calendar years for the full tax revenue of an individual piece of developed property to pay its own cost in services and educational support. This means that entities such as fire, police, emergency medical responders and school districts are consistently playing monetary catch-up in regions that experience consistent, significant growth." The Fire District's primary source of income is through a tax levy. Ambulance fees and impact fees generate a considerably smaller portion of the funds. Impact fees are a preferred method of generating funds to provide infrastructure to new growth areas, as they allow the new growth to pick up the burden placed on the District that the new growth creates. The Fire Protection District cannot impose an impact fee. The fees are imposed and collected for the Fire Protection District by the municipalities within the District through Pre-Annexation Agreements. The cost of the impact of new growth is not a simple calculation. Many cost and time variables can affect these calculations. The Fire Protection District has made a reasonable effort to calculate these costs as accurately as possible. Several factors and variables have been considered in making the calculations. Some of these factors will have a greater influence on the recommendation than others; however, the final recommendation is based on the cumulative assessment of all factors as they relate to the Bristol Kendall Fire Protection District. • Population Growth • Fire District's Demographics • Existing Fire Station Appropriateness • Staffing Philosophy • Property Availability • Industrial Standards for Station Placement ■ Insurance Service Offices, Inc. ■ NFPA 1710 & 1720 • Fire Prevention Bureau • Preemption Traffic Control Equipment • Automatic Response Areas and Partnerships • Fiscal Capabilities • Equipment Page 2 In order to calculate the impact of development on the District, it utilized the most common references for Fire Departments, the ISO publication and the ISO Fire Suppression Rating Schedule. These publications were used to "...review available public fire suppression facilities, and to develop a Public Protection Classification for insurance purposes." Although the primary purpose of this tool is to rate fire protection so that insurance rates can be established, ISO ratings have also been one of the few standards used to compare community fire protection. Realizing the true intent of the ISO classification as a method for determining insurance-rates,-ISO is not the sole determining factor in establishing a public fire protection program. The schedule was considered as an instrument for comparison and as an additional factor for consideration when making decisions for increasing facilities to accommodate the new growth. Paragraph 560 of the schedule states, "...the built-upon area of the City should have a first due Engine Company within 1'/2 miles, and a ladder-service company within 2'/2 miles". This distance is recognized by ISO as an acceptable level of fire protection. It can be determined how long it takes for fire units to travel this distance in order to meet the ISO standard. Based on the 1'/2-mile distance standard, a community may determine its desired average travel time by plugging in its approximate vehicle speed of responding fire equipment. Given the topography, road system, actual time, and distance studies, it is reasonable to figure that an average vehicle with a speed of 35 mph will take approximately 2'/2 minutes travel time to cover 1'/2 miles. The FSRS also indicates, when the fire flow requirement is less than 2,000 gallons per minute (GPM), and the area is primarily residential, it is generally acceptable to have the first due Engine Company as much as two miles away. Given an average speed of 35 mph, it will take approximately 31 minutes to travel two miles. Obviously, higher, or lower average vehicle speeds will impact the distance covered and the travel time. The minimum cost directly related to adding stations to protect a single response area is calculated as follows: Three bay station with crew quarters $1 ,800,000.00 Ambulance $250,000.00 Engine $350,000.00 Equipment on ambulance and engine $300,000.00 Station equipment $200,000.00 1/2 Ladder truck $375,000.00 $3,275,000.00 It should be noted that there are NO property costs associated with the dollar amounts described above. The next calculation needed is the area protected by a station. Using the ISO schedule, a station response area of a circle 1 1/2 miles radius encompasses 7.065 square miles. In other words, a station will cover an area of 4,522 acres and may not be fully able to Page 3 cover all of the needs in any one area. Station coverage should not be calculated by square miles only. Other factors like response times and population also have to be figured into the formulas. Support from other stations or departments will be required to fully provide all services needed at all times. The next calculation needed is density. This is a number that can vary greatly. Current density, land topography, waterways, roadways and zoning are among the many variables that can have an affect on density calculations. In an effort to calculate a -reasonable average density, we referred to the document titled "Current and Pending Residential Developments", dated August 5, 2004, addressed to the Yorkville Planning Commission from Bart Olson. We took the number of units approved, divided by the acres for each development and averaged them all together to determine a true average number of units per acre. Development Units Acres Average Cimarron Ridge 75 40.82 1.8373 Corner Stone 30 36.75 0.8163 Country Hills 172 65.6 2.622 Fox Highlands 123 34.71 3.5436 Grand Reserve 2650 1127.3 2.3507 Greenbriar 186 166 1.1205 Heartland Circle 250 129.55 1.9298 Heartland Subdivision 186 135.58 1.3719 Kylyn's Crossing - West 111 56.6 1.9611 Kylyn's Ridge 134 70 1.9143 Longford Lakes 62 13.6 4.5588 Prairie Gardens 56 24.2 2.314 Prairie Meadows 442 142.2 3.1083 Raintree Village 642 320 2.0063 River's Edge 166 96.906 1.713 Sunflower Estates 117 65.19 1.7948 White Oak Estates 87 113.78 0.7647 Wildwood 431 187.77 2.2954 Windett Ridge 418 163 2.5644 Average number of units per acre 2.1362 With the density calculation determined, it now becomes a matter of determining what level of build-out that justifies the need for a new facility. We feel it is not in the best interest of the District or its residents to wait until there is 100% build-out. We feel that a build-out level between 30% and 40% is appropriate to use as the calculation needed to base the fee for the construction of a new facility to service the response area. A build out level between 60% and 70% will require additional EMS and fire equipment. As the build-out approaches 100%, additional equipment and station facilities will be required, Page 4 thus requiring the impact fee to continue to be collected as the build-out continues. The estimated population is based on a conservative estimate of 3 people per unit. Acres per Estimated Units per acre area Units per area % Build out Total units population Cost per unit 2.1362 4522 9660 100 9660 28980 $339.03 2.1362 4522 9660 90 8694 26082 $376.70 2.1362 4522 9660 80 7728 23184 $423.79 2.1362 4522 9660 70 6762 20286 $484.33 2.1362 4522 9660 60 5796 17388 $565.05 2.1362 4522 9660 50 4830 14490 $678.06 2.1362 4522 9660 40 3864 11592 $847.58 2.1362 4522 9660 30 2898 8694 $1,130.10 The next calculation needed is a rate for commercial properties. Commercial properties have different needs and may require different methods to establish a fair rate for impact fees. Using a residential impact fee rate of $678.06 per residential unit, an acre of land would have an impact value of $678.06 X 2.1362 = $1,448.47. Using the recently approved "Saravanos Properties Annexation Exhibit", a calculation was made to try to mirror the residential unit fee. The Saravanos site is 10.15 acres and has 59,700 square feet of commercial structures on the property. This equates to 5,882 square feet of commercial structure per acre. To generate the same impact fee per acre, a square foot rate of $.2462 is needed. Using a residential impact fee rate of $1,130.10 per residential unit, an acre of land would have an impact value of $1,130.10 X 2.1362 = $2,414.12. At 5,882 square feet of commercial structure per acre, a similar impact fee rate of $.41 per square foot is needed. Given the above information, the Bristol Kendall Fire Protection District is requesting the impact fees collected for the District be set at a rate between $847.58 and $1,130.10 for residential units. We realize that the impact of commercial properties on the District is less than the impact of residential properties. The District is requesting the impact fees collected for commercial properties be set at a rate between $.125 and $.205 per square foot. Page 5 Aug . 25. 2004 8 :40AM No.5925 P . 2/2 STATE OF ILLINOIS ) Revised 10/13/99 ) ss Revised June 27, 2000 COUNTY OF KENDALL ) Revised May 5, 2004 Revised July 19, 2004 ORDINANCE NO. 2000- , ORDINANCE AMENDING UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE NO. 99-18 SECTION 1: APPLICABILITY: - . - .. : - - .' - - 1. -- ..•:. .. _ ... - .. -- _ -- - - - : Existing buildings: All lots which have buildings constructed upon prior to the date of this ordinance are exempt from the standards in this ordinance, except for any property which is being rezoned or which a special use is being requested. If a property is being rezoned or is being approved as a special use request, the following landscape standards shall apply: 4. Park y Landscaping C911ectof 3. Tree Preservation 1 Pug 23 . 2004 4:47PM No . 5906 P . 3/16 a. Parkway Landscaping b. Perimeter Landscaping Parking Lot Landscaping—for the purpose of this category,parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category,storm water storage basin landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. . .. . . - .: _ . . .. :. . .. . . . . For single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Landscaping Adjacent to Primary and SecondaryArterials and Collector 3.1. Parking Lot Landscaping 4.5. Lot Land3caping 5.6. Storm Water Storage Basins 6:7. Tree Preservation 1 Parkway T andseaping s 2. Perimeter Landscaping 5. Tree Preservation 3. For all other development, other than single family detached and duplex residential development: 2 Aug . 23 . 2004 4:41PM No . 5906 P. 4/16 c. New Construction: The applicable landscape requirements for this development activity within this category are as follows: 1. Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping 4. Lot Landscaping S. Storm Water Storage Basin Landscaping 6. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REQUIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For all single family detached and duplex residential development,the minimum required number of parkway trees are as follows: Interior lots - one tree per lot. Corner lots -two trees per lot(one tree per side). All other lots - (such as parks and retention/detention areas) one tree per 50 lineal feet of frontage. b. For all development other than single family detached and duplex residential development, the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. All parkways shall have minimum of 6 inches of good, clean,clump-free topsoil neatly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk and-tr-fti-l-as-fippl-ieable. d. All parkways shall have a good,thick stand of grass utilizing sod or seed per the IDOT specifications including fertilizing. The developer as covered by the required maintenance letter of credit will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2% and the maximum shall be 8%. All areas shall be seeded or sodded and fertilized in an approved manner. Grass watering and mowing to a maximum height of 5 inches will be the responsibility of the developer through the one year required maintenance period after City acceptance. Parkways will be a minimum of 10 feet in width from the back of the curb to the front edge of 3 Aug . 23. 2004 4 :46PM No . 5906 P . 5/16 the sidewalk. e. No tree shall be planted closer than 30' of the right-of-way intersection. £ Trees shall have a minimum spacing of 20 feet from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the Public Works Director,require similar intervals. g. Trees under wires are not to exceed 20 feet in height at maturity. h. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to insure their survival for a period of one year after City Council acceptance of the public improvements. i. Only approved shade trees may be used as parkway trees. 2. Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property a 30' wide bufferyard shall be provided. The bufferyard shall consist of a berm or architectural masonry wall, at least 3' in height as measured from the property line. The bufferyard shall also consist of 2 shade trees, 5 evergreen trees and three ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: Where multi-family residential property is adjacent to single family detached or duplex residential a 30'landscape bufferyard shall be provided. The bufferyard shall consist of three shade trees, three evergreen and two ornamental trees per 100 lineal feet of bufferyard 3. Parking Lot Landscaping: All parking lots with ten (10)or more parking spaces, shall provide landscaping in accordance with the following: a. Interior Parking Lot Landscaping: 1. Interior Landscaping: One tree shall be provided fox every 20 parking space and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians,which have a minimum area of 190 square feet and a minimum dimension 4 Aug . 23. 2004 4:48PM No. 5906 P. 6/16 of 10 feet. The landscape median shall be covered with shrubs, ground cover,turf or organic mulch. 2. Visibility: To ensure proper visibility within the parking lot, the branches of trees shall start no less than six feet (6') above the pavement and shrubs shall be maintained at a height of no greater than 30" above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot, which is located on a non-residential property, is adjacent to another non-residential property, a 5' perimeter bufferyard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way, a landscape bufferyard shall be provided and shall be the width of the required parking lot setback or 30', whichever is less. The bufferyard shall consist of one shade tree, one evergreen tree and thirty-three shrubs per 100 lineal feet of bufferyard. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi-family: Two canopy trees and 15 shrubs shall be provided for every four units. b. Non-residential: Two shade trees and 15 shrubs shall be provided for every 20,000 sf. of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum 30' wide landscape easement running the full length of the residential lots. This easement shall be planted with 3 shade trees, 4 evergreens and 20 shrubs per 100 feet. 6. Storm Water Storage Basins Landscaping: A 30 foot wide bufferyard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The 30' bufferyard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation 5 Aug . 23. 2004 4:43PM No .5906 P . 7/16 between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planed with 1 tree per 30 feet of bufferyard length. The bufferyard may be reduced to 10' wide. If so,the 10 foot bufferyard shall be planted with 2 trees per 30 feet of bufferyard length. 7. Tree Preservation: • : . .. • • . . .. • . .. • - . . . •. _ located therein. The following standards shall apply to all lots which are 5 acres or greater in area. No live tree(s) with a trunk diameter of four inches (4") or greater in diameter, as measured S'from the ground, may be removed without first obtaining a tree removal permit from the City. a. Tree Removal Permit: The application for a tree removal permit shall be made to the Building Department : . . - - • - ' : '- • - Department?). The application shall include: 1. A Tree Preservation and Removal Plan. The plan shall include: a. A tree survey showing the location of all trees 4" or greater in diameter with 100' of any tree proposed to be removed, including a description of the trees, Botanical name,common name, caliper size and general condition or health of the tree(s) b. Delineation of trees to be removed and trees to be preserved c. Details and specifications or procedures to be used to protect trees being preserved d. Location, size and name of replacement trees 2. Tree Preservation and Removal Standards a. Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development b. Grading and construction equipment shall be forbidden 6 Aug . 23. 2004 4: 48PM No . 5906 P. 8/16 prohibited from encroaching within the drip line of a tree c. Crushed limestone hydrocarbons and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivable affect the health of the tree d. Snow fencing orother approved construction barrier shall be temporarily installed at the periphery of the tree's drip line e. - - • . . t..- : '• • • - - - - -- -- t o City. No grade changes shall be allowed under drip line of any trees designated for preservation f. To improve the survival rate of trees, root pruning and/or thinning should be performed in accordance with the Ar'boricultural Specifications Manual g. In the event that underground utility lines are proposed within five feet(5') of the trunk of a tree, then auguring of the utility line should be considered any may be required by the City 3. Tree Replacement Standards: a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 30 or greater 6 13-29 5 4 I2- 4 8-12 4 4-7 2 b. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 7 Aug . 23 . 2004 4 :48PM No . 5906 P. 9/16 30 or greater 12 )3-29 10 12 8 8-12 8 4-7 4 c. All replacement trees shall have a minimum caliper of 2 '/z" and shall consist of the shade tree varieties listed in Section 3.8 Permitted Plantings d. If the tree(s) approved for removal is (are) dead, then no replacement tree(s) are required. 4. Approval Criteria: The City shall approve a tree removal permit application if one or more of the following conditions exist: a. The tree to be removed poses a safety hazard to persons or property b. The tree is substantially diseased or weakened by age, storm, fire or other injury c. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel d. The tree removal is part of an approved overall landscape plan 5. Failure to Replace Trees: If replacement trees,which are required by the approved tree removal permit, axe not planted within the time frame set out by the tree removal permit, the City may, at its option, replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1. Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The 8 Aug . 23 . 2004 4:43PM No • 5906 P . 10/16 landscape plan shall contain the following information: a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks,ground signs, refuse disposal areas, free standing electrical equipment, and other freestanding structural features. b. Name, location,right-of-way and pavement widths of abutting streets. c. The current zoning and land use'for adjoining properties and properties located across abutting streets. d. The location, quantity, size, and type (both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. e. The location and contours, at one-foot(1') intervals, of all proposed berming and storm water detention/retention ponds. f. Specification of the type and boundaries of all proposed ground cover. g. Elevation and location of all existing and proposed fences. h. Location of all existing and proposed utilities and easements. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. 3. Size: The size of plant material required by this ordinance shall be as follows: Shade Tree - 2 1/z cal. measured 6" above grade Evergreen Tree - 8' height Ornamental Tree - 6'height Shrubs - 24" 4. Substitutions: For the purposes of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 2 Evergreen Trees 1 Tree equals 2 Ornamental Trees 1 Tree equals 20 Shrubs 9 Aug . 23. 2004 4 :48PM No . 5906 P . 11/16 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same species. 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only he obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one (1) or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 10 Aug .23. 2004 4:46PM No .5906 P . 12/16 7. Credit for Existing Vegetation: Credit shall be given for existing trees that are preserved. Each tree that is preserved which is greater than 3" caliper and is a permitted tree per section, shall be credited towards the required tree planting as follows,on a tree for tree basis. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the follow list of approved plant material. Shade Trees Ash, Green Fraxinus pennsylvanica spp. Ash, White Fraxmnus americana spp. Coffeetree, Kentucky Gymnocladus dhioica Ginkgo Ginko biloba 1-lackberry Celtis occidentialis Linden American Tilia americana spp. Linden,Littecleaf Tilia cordata spp. Linden, Silver Tilia tomentosa Maple, Black Acer nigrum Maple,Norway Acer platanoides spp. Maple, Red Acer rubrum spp. Maple, Sugar Acer saccharum spp. Oak, Burr Quercus macrocarpa Oak, Red Quercus rubra Oak, Swamp White Quercus bicolor Oak, White Quercus alba Pear, Bradford"Cleveland select" Pyrus cahleiyana— Cleveland select Sycamore Platanus occidentahis Tuliptree Liriodendron tuhipifera Honey Locust Gleditsia tricanthos Evergreen Trees Fir, Douglas Pseudotsuga menziesii Fir, White Abies coneolor Pine, Austrian Pinus nigra Pine, Scotch Pinus sylvestris Pine, White Pinus strobus Spruce, Blackhills Picea glauca "densata" Spruce, Colorado Picea pungens Spruce,Norway Picea abies 11 Aug . 23. 2004 4:49PM No . 5906 P. 13/16 Spruce, White Picea glauca Ornamental Trees Alder Alnus glutinosa Birch, River Malus spp. Hawthorne, Downy Craetoegus mollis Hawthorne, Washington Craetoegus phaenopynu, Hawthorne, Thom less Cockspur Crataegus crusgalli "inermis" Hornbean, American Carpinus caroliniana Lilac, Japanese Tree Syringa reticulata Magnolia, Saucer Magnolia souulangiana Magnolia, Star Magnolia stellata Redbud Cercis canadensis Serviceberry, apple Amelanchier grandiflora Serviceberry, Shadblow Amelanchier canadensis Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case by case basis as determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the City, are unfavorable for plant survival and growth, a temporary certificate of occupancy, valid for no more than six months, may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within 60 days of notification by the City. After the two year period,the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the City Council. The City Council shall review the applicant's appeal. a. Any appeal to the standards of this chapter may be considered by the City Council given the following conditions are present: 12 Aug . 23. 2004 4: 49PM No. 5906 P. 14/16 1. Topography, soil,vegetation or other site conditions are such that full compliance is impossible or impractical,or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas, 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decisions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence,paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the Resolution shall not be affected thereby. 13. Repealer: Any Ordinance or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON 13 Aug .23. 2004 4:49PM No • 5906 P . 15/16 VALERIE BURR ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2000. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of , A.D. 2000. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 14 Jul . 19. 2014 3 : 32PM No. 5576 P. 2/13 Draft Revised Landscape Ordinance Prepared by: Schoppe Design Associates, Inc. Date: May 5, 2004 Revised: July 19, 2004 ORDINANCE NO. ORDINANCE AMENDING UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE SECTION I: APPLICABILITY: 1. Existing buildings: All lots which have buildings constructed upon prior to the date of this ordinance are exempt from the standards in this ordinance, except for any property which is being rezoned or which a special use is being requested. If a property is being rezoned or is being approved as a special use request, the following landscape standards shall apply: a. Parkway Landscaping b. Perimeter Landscaping c. Parking Lot Landscaping—for the purpose of this category, parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping—for the purpose of this category, storm water storage basin landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. For single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Landscaping Adjacent to Primary and Secondary Arterials and Collector 3. Tree Preservation 1 Jul . 19 • 2004 3 : 32PM No. 5576 P. 3/13 3. For all other development, other than single family detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity within this category are as follows: 1. Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping 4, Lot Landscaping 5. Storm Water Storage Basin Landscaping 6. Tree Preservation SECTION 2: LANDSCAPE AND TREE PRESERVATION REQUIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For all single family detached and duplex residential development, the minimum required number of parkway trees are as follows: Interior lots - one tree per lot. Corner lots-two trees per lot (one tree per side). All other lots - (such as parks and retention/detention areas) one tree per 50 lineal feet of frontage. b. For all development other than single family detached and duplex residential development, the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. All parkways shall have minimum of 6 inches of good, clean, clump-free topsoil neatly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk and trail as applicable. d. All parkways shall have a good, thick stand of grass utilizing sod or seed per the IDOT specifications including fertilizing. The developer as covered by the required maintenance letter of credit will repair any settling of grass loss during the one-year maintenance period. The minimum gradient of all parkways toward the curb shall be 2% and the maximum shall be 8%. All areas shall be seeded or sodded and fertilized in an 2 Jul . 19. 2004 3 32P No . 5516 P. 4/13 approved manner. Grass watering and mowing to a maximum height of 5 inches will be the responsibility of the developer through the one year required maintenance period after City acceptance. Parkways will be a minimum of 10 feet in width from the back of the curb to the front edge of the sidewalk. e. No tree shall be planted closer than 30'of the right-of-way intersection. 1. Trees shall have a minimum spacing of 20 feet from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the Public Works Director, require similar intervals. g. Trees under wires are not to exceed 20 feet in height at maturity. h. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to insure their survival for a period of one year after City Council acceptance of the public improvements. i. Only approved shade trees may be used as parkway trees. 2. Perimeter Landscaping: a. Non-residential adjacent to residential: Where a non-residential property is adjacent to residential property a 30' wide bufferyard shall be provided. The bufferyard shall consist of a berm or architectural masonry wall, at least 3' in height as measured from the property line. The bufferyard shall also consist of 2 shade trees, 5 evergreen trees and three ornamental trees per 100 lineal feet of bufferyard. b. Multi-family residential adjacent to single family detached and duplex residential: 'Where multi-family residential property is adjacent to single family detached or duplex residential a 30' landscape bufferyard shall be provided. The bufferyard shall consist of three shade trees, three evergreen and two ornamental trees per 100 lineal feet of bufferyard. 3. Parking Lot Landscaping: All parking lots with ten (10) or more parking spaces, shall provide landscaping in accordance with the following: a. Interior Parking Lot Landscaping: 3 Jul . 19 . 2004 3 : 32PA No. 5576 P . 5/13 1. Interior Landscaping: One tree shall be provided for every 20 parking space and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians, which have a minimum area of 190 square feet and a minimum dimension of 10 feet. The landscape median shall be covered with shrubs, ground cover, turf or organic mulch. 2. Visibility: To ensure proper visibility within the parking lot, the branches of trees shall st .rt no less than six feet (6') above the pavement and shrubs shall be maintained at a height of no greater than 30" above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot,which is located on a non-residential property, is adjacent to another non-residential property, a 5' perimeter bufferyard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right-of-way, a landscape bufferyard shall be provided and shall be the width of the required parking lot setback or 30', whichever is less. The bufferyard shall consist of one shade tree, one evergreen tree and thirty-three shrubs per 100 lineal feet of bufferyard. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi-family: Two canopy trees and 15 shrubs shall be provided for every four units. b. Non-residential: Two shade trees and 15 shrubs shall be provided for every 20,000 sf of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum 30' wide landscape easement running the full length of the residential lots. This easement shall he planted with 3 shade trees, 4 evergreens and 20 shrubs per 100 feet. 4 Jul . 19. 2004 3: 32PM No. 5576 P. 6/13 6. Storm Water Storage Basin Landscaping: A 30 foot wide bufferyard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The 30' bufferyard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planted with 1 tree per 30 feet of bufferyard length. The bufferyard may be reduced to 10' wide. If so,the 10 foot bufferyard shall be planted with 2 trees per 30 feet of bufferyard length. 7. Tree Preservation: The following standards shall apply to all lots which axe 5 acres or greater in area. No live tree(s)with a trunk diameter of four inches (4") or greater in diameter, as measured 5' from the ground, may be removed without first obtaining a tree removal permit from the City. a. Tree Removal Permit: The application for a tree removal permit shall be made to the Building Department. The application shall include: 1. A Tree Preservation and Removal Plan. The plan shall include: a. A tree survey showing the location of all trees 4" or greater in diameter with 100' of any tree proposed to be removed, including a description of the trees,botanical name, common name, caliper size and general condition or health of the tree(s) b. Delineation of trees to be removed and trees to be preserved c. Details and specifications or procedures to be used to protect trees being preserved t d. Location, size and name of replacement trees 2. Tree Preservation and Removal Standards; a. Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development 5 Jul . 19 . 2004 3 : 33PM No • 5576 P . 7/13 b. Grading and construction equipment shall be prohibited from encroaching within the drip line of a tree c. Crushed limestone hydrocarbons and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivable affect the health of the tree d. Snow fencing or other approved construction barrier shall be temporarily installed at the periphery of the tree's drip line e. In the event that underground utility lines are proposed within five feet (5') of the trunk of a tree, then auguring of the utility line should be considered and may be required by the City 3. Tree Replacement Standards: a. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO 13E REMOVED TREES 30 or greater 6 13-29 5 8-12 4 4-7 2 b. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT TO BE REMOVED TREES 30 or greater 12 13-29 10 8-12 8 4-7 4 c. All replacement trees shall have a minimum caliper of 2 '/z" and shall consist of the shade tree varieties listed under Permitted Plantings d. If the tree(s) approved for removal is (are) dead, then no replacement tree(s) are required. 6 Jul . 19. 2004 3: 33PM No . 5576 P. 8/13 4. Approval Criteria: The City shall approve a tree removal permit application if one or more of the following conditions exist: a. The tree to be removed poses a safety hazard to persons or property b. The tree is substantially diseased or weakened by age, • storm, fire or other injury c. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel d. The tree removal is part of art approved overall landscape plan 5. Failure to Replace Trees: If replacement trees, which are required by the approved tree removal permit, are not planted within the time frame set out by the tree removal permit, the City may, at its option,replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that that prior to submitting a site plan or landscape plan, a pre-submittal conference be conducted to review the site plan implications and the standards of this Chapter. The landscape plan shall contain the following information: a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks, ground signs,refuse disposal areas, free standing electrical equipment, and other freestanding structural features. b. Name, location, right-of-way and pavement widths of abutting streets. c. The current zoning and land use for adjoining properties and properties located across abutting streets. • 7 Jul . 19. 2004 3 : 33PM No • 5576 P . 9/13 d. The location, quantity, size, and type(both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. e. The location and contours, at one-foot (1')intervals, of all proposed berming and storm water detention/retention ponds. f. Specification of the type and boundaries of all proposed ground cover. g. Elevation and location of all existing and proposed fences. h. Location of all existing and proposed utilities and easements. i. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the Central or Northern Illinois region. 3. Size: The size of plant material required by this ordinance shall be as follows: Shade Tree - 2 1/2 cal. measured 6" above grade Evergreen Tree - 8' height Ornamental Tree - 6' height Shrubs - 24" 4. Substitutions: For the purposes of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 1 Evergreen Tree 1 Tree equals 2 Ornamental Trees 1 Tree equals 10 Shrubs 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same species. 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only he obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one (1) or more of the following conditions are present: 8 Jul . 19. 2004 3: 33PM No. 5576 P. 10/13 1. Topography, soil,vegetation or other site conditions axe such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redgvelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification,written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality., effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 7. Credit for Existing Vegetation: Credit shall be given for existing trees that are preserved. Each tree that is preserved which is greater than 3" caliper and is listed under Permitted Plantings, shall be credited towards the required tree planting as follows. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. CALIPER(INCHES)OF TREE TREES CREDITED TOWARDS TO BE PRI;SEB.V P REQUIRED PLANTINGS 30 or greater 6 13-29 5 8-12 4 4-7 2 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the follow list of approved plant material. 9 Jul . 19. 2004 3 : 33PM No. 5576 P . 11/13 Shade Trees Ash, Green Fraxinus pennsylvanica spp. Ash, White Fraxmnus americana spp. Coffeetree,Kentucky Gymnocladus dhioica Ginkgo Ginko biloba Hackberry Celtis occidentialis Linden American Tilia americana spp. Linden, Littecleaf Tilia cordata spp. Linden, Silver Tilia tomerztosa Maple,Black Acer nigrum Maple,Norway Acer platanoides spp. Maple, Red Acer rubrum spp. Maple, Sugar Acer saccharum spp. Oak, Burr Quercus macrocarpa Oak,Red Quercus rubra Oak, Swamp.White Quercus bicolor Oak, White Quercus alba Pear, Bradford "Cleveland select" Pyrus calleryana—Cleveland select Sycamore Platanus occidentahis Tuliptree Liriodendron tuhipifera Honey Locust Gleditsia tricanthos Evergreen Trees Fir, Douglas Pseudotsuga menziesii Fir, White Abies coneolor Pine, Austrian Pinus nigra Pine, Scotch Pinus sylvestris Pine, White Pinus strobus Spruce, Blackhills Picea glauca "dertsata" Spruce, Colorado Picea pungens Spruce,Norway Picea abies Spruce, White Picea glauca Ornamental Trees Alder Alnus glutinosa Birch, River Malus spp. Hawthorne, Downy Craetoegus mollis Hawthorne, Washington Craetoegus phaenopynu, Hawthorne, Thorn less Cockspur Crataegus crusgalli "inermis" Hornbean, American Carpinus caroliniana 10 Jul . 19. 2004 3 • 33PM No. 5576 P. 12/13 Lilac, Japanese Tree Syringa reticulata Magnolia, Saucer Magnolia souulangiana Magnolia, Star Magnolia stellata Redbud Cercis canadensis Serviceberry, apple Amelanchier grandiflora Serviceberry, Shadblow Amelanchier canadensis Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case by case basis as determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the City, are unfavorable for plant survival and growth, a temporary certificate of occupancy, valid for no more than six months, may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within 30 days of notification by the City. After the two year period, the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the Zoning Board of Appeals for recommendation to the City Council. a, Any appeal to the standards of this chapter may be considered by the City Council when one or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. I1 Jul . 19 . 2004 3 : 33PM No. 5576 P. 13/13 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other eases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable, If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Resolution shall not be affected thereby. 13. Repealer: Any Ordinance or parts thereof in.conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. 12 (N)C �� # United City of Yorkville EST. gill ta36 County Seat of Kendall County 800 Game Farm Road O lit Yorkville, Illinois, 60560 o Telephone: 630-553-4350 fi , ��?= Fax: 630-553-7575 Website: www.yorkville.il.us September 15, 2004 TO: Tony Graff FROM: Anna B. Kurtzman SUBJECT: Revised Appearance Code Please find attached a revised Appearance Code, which addresses the points brought out at the last Committee of the Whole meeting. I'll be available to attend next week's meeting to address any questions that might arise. /abk attachment filename: C:\Documents and Settings\Owner\Desktop\Yorkville\AppearanceMemo9-15-04.doc APPEARANCE CODE L OBJECTIVES 1. The fostering of: i. Sound and harmonious design of new buildings and sites. ii. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project,its surroundings and the community,by giving encouragement, guidance and direction. iii. Better maintenance of properties through encouragement of preservation,upkeep, protection and care. iv. Greater public interest and enthusiasm in overall community beauty,appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to,but not limited to,buildings, streetscapes and landscapes. IL APPLICABILITY a) The provisions of this code shall apply to: i. building permits for new construction applied for after the execution of the ordinance, and/or ii. building permits for additions to existing buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s)are equal to 10%of the floor area or 200 sq ft,whichever is more and/or iii. when property is rezoned. III. PROCEDURES t ---{Formatted:Bullets and Numbering 1. The City Building Official,or his/her designee,shall review the plan and/or drawing of •-- --j Formatted:Bullets and Numbering the exterior design of every building and site to be constructed in the City for compliance with this code,prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Official. 2. Any appeals to this Code or the City Building Official's determination of compliance ---{Formatted:Bullets and Numbering with this code shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Façade Committee who shall make Deleted:9/14/2004 a recommendation to the City Council. The City Council's decision shall be binding. f Inserted:9/14/2004 Deleted:943/2004 Inserted:9/13/2004 Deleted:8/31/2004 Date Printed: 9/16/2004 Page 1 APPEARANCE CODE (Con't) 3. The Facade Committee shall consider the following points prior to providing the City ---{Formatted:Bullets and Numbering Council with a written recommendation: a. Will the objectives outlined in Section I be met if the requested deviation is ranted? .c—-- Formatted:Indent:Left 0.5", t . Tabs:Not at 2" b. Is there a particular physical condition of the specific property and/or huildmr(sl Formatted:Bullets and Numbering • involved that would create a particular hardship to the owner, as distinguished from a ' Formatted:Indent:Left: 0.5", No mere inconvenience, if the strict letter of these regulations were carried out? , •; bullets or numbering Formatted:Indent.Left: 0.5", Tabs:Not at 2" c. Will granting the requested deviation from these regulations be detrimental to the *, t Formatted:Bullets and Numbering public welfare or injurious to other property or improvements in the neighborhood in ; which the property is located? • Formatted�d tlets or g Left 0.5", No Formatted:Indent: Left 0.5", d. Will granting the requested deviation impair an adequate supply of light and air to s, Tabs:Not at 2" buildings on the subject property or to the adjacent property? • t Formatted:Bullets and Numbering • Formatted:Indent Left 0.5", e. Will granting the requested deviation increase the danger to the public safety, or �• Tabs:Not at 2" substantially diminish or impair property values within the neighborhood? t Formatted:Bullets and Numbering ' Formatted:Indent. Left: 0.5", IV. CRITERIA FOR APPEARANCE 4 Tabs:Not at 2" (Formatted:Bullets and Numbering 1. General Formatted:Bullets and Numbering ) {Formatted:Indent:Left: 0.25" a. Creativity in a)-)lying the standards and guidelines listed in this Code are Formatted:Font:Not Bold encoura red. ' Formatted:Bullets and Numbering 2. Landscape and Site Treatment {Formatted:Font Not Bold , {Formatted:Indent:Left 0.75" The provisions of this section are meant to supplement the City's Landscape Regulations. {Formatted:Bullets and Numbering All provisions of the Landscape Regulations are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. The following criteria shall be applied to non-residential development,multiple-family dwellings and residential buildings consisting of three or more attached dwelling units. Detached single-family residences and duplexes are exempt from this subsection. i. Landscape elements included in these criteria consist of all forms of planting and vegetation,ground forms,rock groupings,water patterns,and all visible construction except buildings and utilitarian structures. ii. Where natural or existing topographic patterns contribute to beauty and utility of a development,they shall be preserved and/or enhanced. Modification to topography I Deleted:9114/2004 J will be permitted where it contributes to good appearance and/or t Inserted:9/14/2004 maintains/enhances the drainage of the property. ; [Deleted:9/13/2004 , t Inserted:9/13/2004 1 Deleted:8/31/2004 Date Printed: 9/16/2004 Page 2 .� APPEARANCE CODE (Con't) iii. Grades of walks,parking spaces terraces and other paved areas shall provide an inviting and stable appearance for walking and,if seating is provided,for sitting. iv. Landscape treatment and spectacular effects(such as incorporating waterfalls, statues or monuments,or works of art,etc.)shall be provided to enhance architectural features,strengthen vistas,and provide shade. v. Unity of design shall be achieved by repetition of certain plant varieties and other materials,and by correlation with adjacent developments. vi. Plant materials shall be selected for interest in its structure,texture,and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy,harmonious to the design and of good appearance shall be used. vii. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs,tree guards or other devices. viii. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Shrubs shall be used only where they will not obscure vision and will not require excessive maintenance. ix Where building sites limit planting,the placement of trees in parkways or paved areas is encouraged. x. Shade trees in parking areas or areas of extensive hard surfacing will be given special drainage considerations. They could be tiled,have curbs put around them and have the soil mounded up in the curbed areas. xi. Screening of service yards, and other places which tend to be unsightly,shall be accomplished by use of walls,fencing,planting,or combinations of these. Screening shall be equally effective in winter and summer. xii. In areas where general planting will not prosper,other materials such as fences, walls and paving of wood,brick,stone,gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible. xiii Exterior lighting,when used,shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. Maximum illumination at the property line cannot exceed.1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. (Deleted:9/14/2004 Inserted:9/14/2004 J xiv. The provisions of the Ordinance in regards to bulk regulations,standards and off- (Deleted:9/13/2004 street parking;relating to trees and shrubs;all other Ordinances,or portions of (Inserted:9/13/2004 {`Deleted:8/31/2004 I Date Printed: 9/16/2004 Page 3 APPEARANCE CODE (Can't) Ordinances,which directly affect appearance, shall be a part of the criteria of this sub-section. 2. Residential L Single-family detached (1) Unless stated otherwise within this ordinance,no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building can not be similar in appearance to another residential building across the street from,or cattycomer from the newly constructed building. (3) A residential dwelling on a comer lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section,"similar in appearance"shall mean a residential building which is identical to another in any four or more of the following architectural characteristics: (a) Roof type(gable,hip mansard,gambrel,flat,combination). (b)Height of main roof ridge above finished grade of property. (c) Dimensions(height and length)and shape of the facades facing the front lot line. (d)Locations and sizes of windows,doors(including garage doors)and ornamental work on the façade facing a front lot line. (e) Type of facade materials(i.e.,brick veneer, lapped horizontal siding,half timber,board and batten,shakes,etc.)on the façade facing a front lot line. ii. Duplexes (1)In addition to the standards listed in Section J V.2.i above,Duplexes shall ---{Deleted:1112i incorporate brick,stone,or split face brick. Brick,stone and/or split face brick {Deleted:9/14/2004 shall be incorporated on at least 50%of the total building. as broken down as ,'(Inserted:9/14/2004 follows: The front facade(defined as that facade that faces a street that includes a Deleted:9/13/2004 main entry to the house)shall itself incorporate brick,stone and/or split face brick Inserted:9/13/2004 on at least 50%of the facade. Any other facade that abuts a street shall , Deleted:8/31/2004 Date Printed: 9/16/2004 Page 4 APPEARANCE CODE (Con't) incorporate brick. stone and/or split face brick. The use of brick, stone and/or split face brick is encouraged on the remaining facades., -- Deleted:The other facades shall also incorporate hick,stone or split face brick on at least 50%of the remaining iii. Single-family attached(other than Duplexes)and Multiple-family combined facades. (LE.Assume a 4 sided house with each side having 100 sq ft of facade.The front of the house (1) The provisions of j V.2.i(1)-(5)above shall also apply to Single-family would have to have 50 sq ft of brick,etc. attached(other than Duplexes)and Multiple-family buildings. The other three sides of the house would p ) p Y g have to incorporate 150 sq ft of brick, eta,to be applied as the petitioner (2) The building footprint of single-family attached and multi-family buildings desires.) can be the same. However,the facade treatments must vary between t Deleted:la buildings that are adjacent to one another. Façade treatments may include i Deleted:If building materials and colors. (3) Site planning in which setbacks and yards are in excess of the minimum zoning district requirements is encouraged to provide an interesting relationship between buildings. (4) , arking areas shall be treated with decorative elements,building wall - Deleted: d a planning in which setbacks and d yards are in excess of the extensions,plantings,berms and other innovative means so as to largely minimum zoning district requirements is edscreen parking areas from view from public ways. rncoumgro provide ani eating relations between buil s. (5) The height and scale of each building shall be compatible with its site and t Formatted:Bullets and Numbering adjoining buildings. '- Formatted:Bullets and Numbering Formatted:Bullets and Numbering (6) Newly installed utility services,and service revisions necessitated by exterior Formatted:Bullets and Numbering alterations, shall be underground. (Formatted:Bullets and Numbering Deleted:Bride,stone,split face bride (7) The architectural character of the building shall be in keeping with the or architectural blocks shall be used on all topographical dictates of the site. , sides of the building. The front facade (defined as that facade that faces a street that includes a main entiy to the house) (8) Brick, stone. split face brick and/or architectural blocks shall be incorporated shall itself incorporate brick,stone or split face brick on at least 50%of the on at least 50%of the total building, as broken down as follows: The front facade. The other facades shall also facade(defined as that facade that faces a street that includes a main entry to incorporate brick,stone or split face brick on at least 50%of the remaining the building) shall itself incorporate brick,stone, split face brick and/or ` combined facades. (I.E.Assume a 4 architectural blocks on at least 50%of the facade. All other facades shall 1 sided building with each side having 100 sq ft of facade. The front of the building incorporate brick,stone,split face brick and/or architectural blocks, would have to have 50 sq ft of brick,etc. The other three sides of the building would have to incorporate 150 sq ft of (9) Pedestrian features/amenities,such as covered walkways,street furniture,and 4, brick,etc.,to be applied as the petitioner bicycle rack facilities are encouraged. desires.) Formatted:Bullets and Numbering (10) Common open space and outdoor seating areas are encouraged. ---{Formatted:Bullets and Numbering (Deleted:9/14/2004 3. Non-Residential {Inserted:9/14/2004 {Deleted:9/13/2004 General Provisions {Inserted:9/13/2004 ,' Deleted:8/31,2004 Date Printed: 9/16/2004 Page 5 APPEARANCE CODE (Con't) (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape,and to provide for adequate planting,pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Parking areas shall be treated with decorative elements,building wall extensions,plantings,berms and other innovative means so as to largely screen parking areas from view from public ways. (d)The height and scale of each building shall be compatible with its site and adjoining buildings. (e) Newly installed utility services,and service revisions necessitated by exterior alterations,shall be underground. (f) The architectural character of the building shall be in keeping with the topographical dictates of the site. (g)In relating buildings to the site,the provisions of the Zoning Ordinance in regard to bulk regulations,standards,and off-street parking shall be part of this criteria. This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens,site breaks,and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture,lines and masses is required. Monotony shall be avoided. (d)Buildings shall have similar scale to those in the surrounding area. ii. Building Design (1) Commercial,Office and Institutional Uses (Deleted:9/14/2004 (Inserted:9/14/2004 (a) Guidelines for sites that have existing buildings , (Deleted:9/1312004 J {Inserted:9/13/2004 Deleted:s/31r2oo4 Date Printed: 9/16/2004 Page 6 APPEARANCE CODE (Con't) (i) The use of dissimilar materials and/or colors between the existing •- - {Formatted:Bullets and Numbering building and the addition(s)is prohibited. (ii) When a site abuts a county, state or federal highway.and when an •----{Formatted:Bullets and Numbering 3 existing building is modified per the standard outlined in Section II.a.2,the property owner shall be required,to the greatest extent possible,to meet the standards of Section IV. 3.ii. (1)(b)below for the entire building. (iii) When a site abuts a county, state or federal highway, and when an •----{Formatted:Bullets and Numbering additional building(s)is placed on the site,the additional building shall match the architectural style of the principal building. (iv) If an additional building(s)is placed on the site,the additional •----{Formatted:Bullets and Numbering 3 building(s)shall, to the greatest extent possible.match the architectural style of the principal building. (v) Any additional building(s)placed on the site shall,to the greatest •----{Formatted:Bullets and Numbering extent possible,match the materials and/or colors of the principal building on the site. (b)Guidelines for unbuilt sites •----- Formatted:Bullets and Numbering (i) Brick or other masonry materials are required on all sides of the building. (ii) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Four-sided buildings(ie.,use of windows or the impression of windows on all sides of the building)and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development,to prevent monotony,and to improve the aesthetic quality of the development. (iii) Outlots shall reflect the style,materials,and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards(i.e.,in terms of visual design materials and layout of the building),new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (iv) Pedestrian scale features/amenities,such as solid-colored awnings, ,(Deleted:9/14/2004 covered walkways,windows,street furniture,bicycle rack facilities '(Inserted:9/14/2004 and clearly defined entranceways are encouraged. % f Deleted:9/13/2004 {Inserted:9/13/2004 Deleted:8/31/2004 J L'' Date Printed: 9/16/2004 Page 7 APPEARANCE CODE (Can't) (v) Common open space and outdoor seating areas are encouraged within commercial,office and institutional developments. (vi) The location of parking lots in a manner that is logical,cafe and pedestrian friendly is encouraged. In this respect,the location of parking lots in the rear or side of a building is encouraged. (vii) The location of drive-through facilities,including drive-through lanes,bypass lanes,and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (viii) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of- way. (ix) Loading bays for industrial uses may not be placed along the front of the building or the side(s)abutting a public right-of-way when there is a non-industrial use across from that facade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. When loading bays are placed where they can be viewed from a County State or Federal highway..landscaping between the building and the street shall be such that within five (5'years of installing the landscaping it can be reasonably assumed that the bay doors will not be viable from the road. (b)Standards (i) All commercial,office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Masonry facades shall not be painted. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial,office or institutional building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the (Deleted:9/14/2004 j same character and design as the structure. Architectural features Inserted:944/2004 such as parapet walls and varying rooflines are encouraged. {Deleted:9/13/2004 Ground level mechanicals shall be screened by landscaping and/or fencing,as appropriate. Inserted:9/13/2004 ,' �{Deleted:8/31/2004 I Date Printed: 9/16/2004 Page 8 APPEARANCE CODE (Con't) (2) Industrial Uses (a) Guidelines (i) Brick or other masonry materials are required on all sides of the industrial structure. Where pre-cast concrete panels or split-face block is utilized,the use of colors,patterns,or other architectural features within these panels/blocks is encouraged. (ii) Building entryways shall be clearly identified. Building components,such as windows,doors,eaves and parapets shall be in proportion to one another. (iii) The location of parking lots in a manner that is logical,safe,and pedestrian friendly is encouraged. In this respect,the location of parking lots in the rear or side of a building is encouraged. (iv) Loading bays shall not be located in the front of an industrial structure or in the area abutting a public right-of-way. (b)Standards (i) Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses,projections,windows or other omamental/architectural features along at least thirty percent (30%)of the length of the facade abutting a public street in an effort to break up the mass of the structure. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. (Deleted:9/14/2004 Ground level mechanicals shall be screened by landscaping and/or ;,(Inserted:9/14/2004 fencing,as appropriate. % ((Deleted:9/13/2004 l 11L Signs Inserted:9/13/2004 Deleted:8/31/2004 I Date Printed: 9/16/2004 Page 9 APPEARANCE CODE (Con't) The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. Wall signs shall be part of the architectural concept. Size,color,lettering,location and arrangement shall be harmonious with the building design,and shall be compatible with signs on adjoining buildings. 4. Applicability towards Existing Buildings i. This code shall not apply to those buildings where siding is being replaced with similar siding materials. ii. This code shall not apply to existing residential accessory structures. iii. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction(ie.,25%of the facade is removed and/or different type of facade material is used and/or if the size of windows/doors are being modified by more than 25%)done to non-residential or attached single-family or multifamily buildings. iv. Additions and/or major facade work shall be assessed on a cumulative bases (i.e.,if a 10 percent modification is conducted at one time and later an another 10 percent medication is made,the cumulative impact is 20%and therefore a 20%compliance ratio is expected.) v. When property is rezoned,the property must comply with this code within 24 months of the execution of the ordinance granting the rezoning. MAINTENANCE FOR GOOD APPEARANCE - -{Formatted:Buffets and Numbering 1 1. Landscape materials,other than plants,which have deteriorated or have been damaged or defaced,shall be properly repaired or replaced. 2. Plant materials that have deteriorated or died shall be replaced with healthy plantings,or the area shall be redesigned with other treatment to provide an attractive appearance. 3. Plantings shall be kept watered,fed,cultivated,and pruned as required to give a healthy and well groomed appearance during all seasons. {Deleted:9/14/2004 4. Parking areas shall be kept in good repair,properly marked and clear of litter and , Inserted:9/14/2004 debris. y{Deleted:9/13/2004 Inserted:9/13/2004 1 Deleted:8/31/2004 Date Printed: 9/16/2004 Page 10 APPEARANCE CODE (Con't) 5. Vacant property shall be kept free of refuse and debris,and shall have the vegetation cut periodically during the growing season. I __-` Deleted:. cFROCEDURES I ¶ <#>The City Building Official,or his/her Filename: C:\Documents and Settings\Anna\My Documents\Ordinances\Appearance\Appearance Codel.doc designee,shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code,prior to the issuance of a building permit Building permits shall only be issued upon authorization of the City Building Official.T <#>Any appeals to this Code or the City Building Official's determination of compliance with this code shall be made in writing and submitted to the City Building Official The City Building Official shall direct such requests to the Facade Committee who shall make a recommendation to the City Council The City Council's decision shall be binding.! {Deleted:9/14/2004 {Inserted:9/14/2004 Deleted:9/13/2004 {Inserted:9/13/2004 ' (Deleted:8/31/2004 / I Date Printed: 9/16/2004 Page 11 . (---,,,--.D rit- o United City of Yorkville EST. 1836 County Seat of Kendall County { 800 Game Farm Road Yorkville, Illinois, 60560 ®� 4 Telephone: NamHzB Caunry 0� ` Fax: 630-553-7575 630-553-4350 4-LE ,y�, Website: www.yorkville.il.us September 15, 2004 TO: Tony Graff FROM: Anna B. Kurtzman t. " SUBJECT: Revised Appearance Code Please find attached a revised Appearance Code, which addresses the points brought out at the last Committee of the Whole meeting. I'll be available to attend next week's meeting to address any questions that might arise. /abk attachment filename: C:\Documents and Settings\Owner\Desktop\Yorkville\AppearanceMemo9-15-04.doc APPEARANCE CODE L OBJECTIVES 1. The fostering of: i. Sound and harmonious design of new buildings and sites. ii. Greater interest in the development and redevelopment of business and industrial areas with an emphasis on appearance as it relates to each specific project,its surroundings and the community,by giving encouragement, guidance and direction. iii. Better maintenance of properties through encouragement of preservation,upkeep, protection and care. iv. Greater public interest and enthusiasm in overall community beauty,appearance, cleanliness and order. 2. Establish standards for new construction and development with respect to,but not limited to,buildings,streetscapes and landscapes. II. APPLICABILITY a) The provisions of this code shall apply to: i. building permits for new construction applied for after the execution of the ordinance, and/or ii. building permits for additions to existing buildings where the permit is applied for after the execution of the ordinance and where the cumulative addition(s)are equal to 10%of the floor area or 200 sq ft,whichever is more and/or iii. when property is rezoned. 111._ PI2f)( F:D R ;' t----{Formatted:Bullets and Numbering .----{Formatted:Bullets and Numbering I t -- {Formatted:Bullets and Numbering 1 ) Deleted:9/1 4/2004 Inserted:9/14/20M Deleted:94312004 Inserted:9/13/2004 Deleted:8/31/2004 Date Printed: Page 1 APPEARANCE CODE (Con't) ---{Formatted:Bullets and Numbering • ---- Formatted:Indent: Left: 0.5", Tabs:Not at 2" {Formatted:Bullets and Numbering • ss ' Formatted:Indent:Left: 0.5", No bullets or numbering t Formatted:Indent:Left: 0.5", Tabs:Not at 2" tFormatted:Bullets and Numbering Formatted:Indent:Left: 0.5", No bullets or numbering Formatted:Indent: Left: 0.5", ‘‘ Tabs:Not at 2" tFormatted:Bullets and Numbering Formatted:Indent: Left: 0.5", Tabs:Not at 2" tFormatted:Bullets and Numbering Formatted:Indent: Left: 0.5", R. CRITERIA FOR APPEARANCE t Tabs:Not at 2" Formatted:Bullets and Numbering I• Formatted:Bullets and Numbering • {Formatted:Indent:Left: 0.25" • --t Formatted:Font:Not Bob {Formatted:Bullets and Numbering {Formatted:Font:Not Bold Formatted:Indent: Left: 0.75" The provisions of this section are meant to supplement the City's Landscape Regulations. (Formatted:Bullets and Numbering All provisions of the Landscape Regulations are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. The following criteria shall be applied to non-residential development,multiple-family dwellings and residential buildings consisting of three or more attached dwelling units. Detached single-family residences and duplexes are exempt from this subsection. i. Landscape elements included in these criteria consist of all forms of planting and vegetation,ground forms,rock groupings,water patterns,and all visible construction except buildings and utilitarian structures. ii. Where natural or existing topographic patterns contribute to beauty and utility of a development,they shall be preserved and/or enhanced. Modification to topography Deleted:9/14/2004 will be permitted where it contributes to good appearance and/or Inserted:9/14/2004 maintains/enhances the drainage of the property. Deleted:9/13/2004 Inserted:9/13/2004 Deleted:8/31/2004 I Date Printed: Page 2 APPEARANCE CODE (Con't) iii. Grades of walks,parking spaces terraces and other paved areas shall provide an inviting and stable appearance for walking and,if seating is provided,for sitting. iv. Landscape treatment and spectacular effects(such as incorporating waterfalls, statues or monuments,or works of art,etc.)shall be provided to enhance architectural features,strengthen vistas,and provide shade. v. Unity of design shall be achieved by repetition of certain plant varieties and other materials,and by correlation with adjacent developments. vi. Plant materials shall be selected for interest in its structure,texture,and color and for its ultimate growth. Plants that are indigenous to the area and others that will be hardy,harmonious to the design and of good appearance shall be used. vii. In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate curbs,tree guards or other devices. viii. Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees or tree groupings. Shrubs shall be used only where they will not obscure vision and will not require excessive maintenance. ix. Where building sites limit planting,the placement of trees in parkways or paved areas is encouraged. x. Shade trees in parking areas or areas of extensive hard surfacing will be given special drainage considerations. They could be tiled,have curbs put around them and have the soil mounded up in the curbed areas. xi. Screening of service yards, and other places which tend to be unsightly,shall be accomplished by use of walls,fencing,planting,or combinations of these. Screening shall be equally effective in winter and summer. xii. In areas where general planting will not prosper,other materials such as fences, walls and paving of wood,brick,stone,gravel and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible. xiii. Exterior lighting,when used,shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness and brilliant colors avoided. Maximum illumination at the property line cannot exceed.1 footcandles and no glare shall spill onto adjacent properties or right-of-ways. Deleted:9;14/2004 Inserted:9/14/2004 xiv. The rovisions of the Ordinance in regards to bulkregulations, standards and off P gr�liDeleted:9/13/2004 street parking;relating to trees and shrubs;all other Ordinances,or portions of Inserted:9/13/2004 Deleted:8/31/2004 Date Printed: Page 3 APPEARANCE CODE (Con't) Ordinances,which directly affect appearance, shall be a part of the criteria of this sub-section. 2. Residential L. Single-family detached (1) Unless stated otherwise within this ordinance,no residential dwellings shall be similar in appearance unless two or more buildings of dissimilar design separate the buildings. (2) A newly constructed residential building can not be similar in appearance to another residential building across the street from,or cattycorner from the newly constructed building. (3) A residential dwelling on a corner lot is not considered similar to one adjacent to it if the two dwellings face different streets. (4) On cul-de-sacs not more than two dwellings shall be similar in appearance on any lots having front lot lines contributing to the arc of the cul-de-sac. (5) For the purpose of this section,"similar in appearance"shall mean a residential building which is identical to another in any four or more of the following architectural characteristics: (a) Roof type(gable,hip mansard,gambrel,flat, combination). (b) Height of main roof ridge above finished grade of property. (c) Dimensions(height and length)and shape of the facades facing the front lot line. (d)Locations and sizes of windows,doors(including garage doors)and ornamental work on the facade facing a front lot line. (e) Type of facade materials(i.e.,brick veneer,lapped horizontal siding,half timber,board and batten,shakes, etc.)on the facade facing a front lot line. ii. Duplexes (1) In addition to the standards listed in Section . above,Duplexes shall Deleted vizi incorporate brick, stone,or split face brick `_ Deleted:9/14/2004 Inserted:9/14/2004 The front facade(defined as that facade that faces a street that includes a Deleted:9/13/2004 main entry to the house)shall itself incorporate brick,stone or split face brick Inserted:9/13/2004 on at least 50%of the facade. '_. -- -- - — - Deleted:8/31/2004 Date Printed: _ Page 4 APPEARANCE CODE (Con't) rn cop,.; ;.,t,. ,-k,ne 1i dt 1 race bride he /t4;:o1 1 i ,5 .:'.N n t'.}r --- _..._-- -.-.. `u l' raee 1-nack1,c 1 'l a-1 c ;r7?!plc t Cir Pt 1 i i tt 3c=i Z Deleted:The other facades shall also incorporate brick,stone or split face brick on at least 50%of the remaining iii. Single-family attached(other than Duplexes)and Multiple-family combined facades. (I.E.Assume a 4 ''.sided house with each side having 100 sq ft of facade. The front of the house (1) The provisions of, :.2.i.(1)-(5)above shall also apply to Single-family would have to have 50 sq ft of brick,etc. --- -- attached(other than Duplexes)and Multiple family buildings. The other three sides of the house wouldhave to incaxpcnate 150 sq ft of brick, etc.,to be applied as the petitioner (2) The building footprint of single-family attached and multi-family buildings desires.) can be the same. However,the façade treatments must vary between Deleted:III _ buildings that are adjacent to one another. Facade treatments may include Deleted:1 building materials and colors. (3) Site planning in which setbacks and yards are in excess of the minimum zoning district requirements is encouraged to provide an interesting relationship between buildings. Parking areas shall be treated with decorative elements,building wall Deleted:<#>Site planning in whichsetbacks and yards are in excess of the extensions,plantings,berms and other innovative means so as to largely minimum zoning district requirements is encouraged to provide an interesting screen parking areas from view from public ways. relationship between buildings.¶ The height and scale of each building shall be compatible with its site and {Formatted:Bullets and Numbering adjoining buildings. {Formatted:Bullets and Numbering Formatted:Bullets and Numbering __-Newly installed utility services,and service revisions necessitated by exterior •- , Formatted:Bullets and Numbering alterations, shall be underground. ;Formatted:Bullets and Numbering Deleted:Bride,stone,split face brick architectural character of the building shall be in keeping with the or architectural blocks shall be used on all topographical dictates of the site. sides of the building. The front facade (defined as that facade that faces a street that includes a main entry to the house) - _ �' shall itself incorporate luck,stone or .- -- -- - --- --- ._ split face brick on at least 50%of the facade. The other facades shall also i _ incorporate brick,stone or split face brick '.. 'i :; - - _- on at least 50%of the remaining t. combined facades. (I.E.Assume a 4 sided building with each side having 100 sq ft of facade. The front of the building The other three sides of the building would have to incorporate 150 sq ft of Pedestrian features/amenities,such as covered walkways, street furniture,and f brick,etc.,to be applied as the petitioner bicycle rack facilities are encouraged. , desires.) {Formatted:Bullets and Numbering Common open space and outdoor seating areas are encouraged. ---{Formatted:Bullets and Numbering Deleted:9/14/2004 - -- - 3. Non-Residential Inserted:9/14/2004 Deleted:9/13/2004 i. General Provisions Inserted:9/13/2004 Deleted:8/31/2004 Date Printed: Page 5 APPEARANCE CODE (Con't) (1) Relationship of Buildings to Site (a) The site shall be planned to accomplish a desirable transition with the streetscape,and to provide for adequate planting,pedestrian movement, and parking area. (b) Site planning in which setbacks and yards are in excess of the minimum zoning district requirement is encouraged to provide an interesting relationship between buildings. (c) Parking areas shall be treated with decorative elements,building wall extensions,plantings,berms and other innovative means so as to largely screen parking areas from view from public ways. (d) The height and scale of each building shall be compatible with its site and adjoining buildings. (e) Newly installed utility services,and service revisions necessitated by exterior alterations,shall be underground. (f) The architectural character of the building shall be in keeping with the topographical dictates of the site. (g) In relating buildings to the site,the provisions of the Zoning Ordinance in regard to bulk regulations,standards,and off-street parking shall be part of this criteria. This shall also apply to sub-section 2 which follows. (2) Relationship of Site to Adjoining Area (a) Adjacent buildings of different architectural styles shall be made compatible by such means as screens,site breaks,and materials. (b) Attractive landscape transition to adjoining properties shall be provided. (c) Harmony in texture,lines and masses is required. Monotony shall be avoided. (d)Buildings shall have similar scale to those in the surrounding area. ii. Building Design (1) Commercial,Office and Institutional Uses Deleted:9/14/2004 Inserted:9/14/2004- - (a) Guidelines for sites that t. Deleted:9/132 04 Inserted:9/13/2004 Deleted:8/31/2004 I Date Printed: Page 6 APPEARANCE CODE (Con't) (i) Eli ti •-----formatted:Bullets and Numbering I>_,l\ n. and tl a. dditi``u -t is Itrithibitoi (,ti) `tA lt _i. i if Lt outtift: sifikt or f(tktiai 1 ._!irt. t ini v Itch r! •--- {Formatted:Bullets and Numbering 3 e`]'41l'i4i httildlq. i3tdlilt.dperthu sttificiard.t itiit j !ii °)ect ion i.� 2. IA " \\l .' shah >:.rovirstA t} he re to:L event pi iihkt. r i?eet rdtc i:i section t it ' i i 1''J t,ejoio,1.' iitc entire.hiiildniy 'rfi itt ? t •---_{Formatted:Bullets and Numbering is i i R ', ii t stC _�.t .i�[i htnicint2 i y -(Formatted:Bullets and Numbering {Formatted:Bullets and Numbering 0)) • {Formatted:Bullets and Numbering (i) Brick or other masonry materials are required on all sides of the building. (ii) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Four-sided buildings(i.e.,use of windows or the impression of windows on all sides of the building)and the utilization of a campus-style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development,to prevent monotony,and to improve the aesthetic quality of the development. (iii) Outlots shall reflect the style,materials,and/or design elements of the main building. In cases where the main building does not meet the design guidelines and standards(i.e.,in terms of visual design materials and layout of the building),new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (iv) Pedestrian scale features/amenities, such as solid-colored awnings, Deleted:9/14/2004 covered walkways,windows, street furniture,bicycle rack facilities Inserted:9!14/2004 and clearly defined entranceways are encouraged. Deleted:9/13/2004 Inserted:9/13/2004 Deleted:8/31/2004 I Date Printed: Page 7 APPEARANCE CODE (Con't) (v) Common open space and outdoor seating areas are encouraged within commercial,office and institutional developments. (vi) The location of parking lots in a manner that is logical,safe and pedestrian friendly is encouraged. In this respect,the location of parking lots in the rear or side of a building is encouraged. (vii) The location of drive-through facilities,including drive-through lanes,bypass lanes, and service windows, adjacent to a public right-of-way are not desirable and are discouraged. (viii) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right-of- way. (ix) Loading bays for industrial uses may not be placed along the front of the building or the side(s)abutting a public right-of-way when there is a non-industrial use across from that facade. Otherwise, loading bays for industrial uses shall be discouraged from being placed in the front of the building or in the area abutting a public right-of-way. (b)Standards (i) All commercial,office and institutional buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Masonry facades shall not be painted. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal commercial,office or institutional building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the Deleted:9/14/2004 same character and design as the structure. Architectural features Inserted:9/14/2004 such as parapet walls and varying rooflines are encouraged. Deleted:9/13/2004 Ground level mechanicals shall be screened by landscaping and/or Ins /13/2004 fencing,as appropriate. Delerted:91/2004 Deleted:8/31/2044 I Date Printed: Page 8 APPEARANCE CODE (Con't) (2) Industrial Uses (a) Guidelines (i) Brick or other masonry materials are required on all sides of the industrial structure. Where pre-cast concrete panels or split-face block is utilized,the use of colors,patterns,or other architectural features within these panels/blocks is encouraged. (ii) Building entryways shall be clearly identified. Building components,such as windows,doors,eaves and parapets shall be in proportion to one another. (iii) The location of parking lots in a manner that is logical,safe,and pedestrian friendly is encouraged. In this respect,the location of parking lots in the rear or side of a building is encouraged. (iv) Loading bays shall not be located in the front of an industrial structure or in the area abutting a public right-of-way. (b)Standards (i) Industrial buildings shall consist of solid and durable facade materials and be compatible with the character and scale of the surrounding area. (ii) Industrial buildings with facades greater than 100 feet in length shall incorporate recesses,projections,windows or other omamental/architectural features along at least thirty percent (30%)of the length of the facade abutting a public street in an effort to break up the mass of the structure. (iii) Trash enclosures shall be located in areas that are easily accessible by service vehicles but minimally exposed to the public street. Screening these enclosures with a material that is compatible with the principal industrial building is required. (iv) Rooftop mechanicals shall be screened and enclosed in a manner that masks the equipment from view from all sides and is of the same character and design as the structure. Architectural features such as parapet walls and varying rooflines are encouraged. Deleted:9114/2004 Ground level mechanicals shall be screened by landscaping and/or Inserted:9/14/2004 fencing,as appropriate. Deleted:9/13/2004 Inserted:9/13/2004 III. Signs Deleted:8/31/2004 - Date Printed: Page 9 APPEARANCE CODE (Con't) The provisions of this section are meant to supplement the City's Sign Code. All provisions of the Sign Code are in full force. Where conflicts between the two regulations may occur,the more stringent requirement will apply. Wall signs shall be part of the architectural concept. Size,color,lettering,location and arrangement shall be harmonious with the building design,and shall be compatible with signs on adjoining buildings. 4. Applicability towards Existing Buildings i. This code shall not apply to those buildings where siding is being replaced with similar siding materials. ii. This code shall not apply to existing residential accessory structures. iii. The standards in this code shall be pro-rated when being applied to additions to all principal buildings or major re-construction(i.e.,25%of the facade is removed and/or different type of facade material is used and/or if the size of windows/doors are being modified by more than 25%)done to non-residential or attached single-family or multifamily buildings. iv. Additions and/or major facade work shall be assessed on a cumulative bases (i.e.,if a 10 percent modification is conducted at one time and later an another 10 percent medication is made,the cumulative impact is 20%and therefore a 20%compliance ratio is expected.) v. When property is rezoned,the property must comply with this code within 24 months of the execution of the ordinance granting the rezoning. MAINTENANCE FOR GOOD APPEARANCE ---{Formatted:Bullets and Numbering I Landscape materials,other than plants,which have deteriorated or have been damaged or defaced,shall be properly repaired or replaced. 2. Plant materials that have deteriorated or died shall be replaced with healthy plantings,or the area shall be redesigned with other treatment to provide an attractive appearance. 3. Plantings shall be kept watered,fed, cultivated,and pruned as required to give a healthy and well groomed appearance during all seasons. Deleted:9/14/2004 4. Parking areas shall be kept in good repair,properly marked and clear of litter and Inserted:9/14/2004 debris. Deleted:9/13/2004 Inserted:9/13/2004 Deleted:8/31/2004 Date Printed: Page 10 APPEARANCE CODE (Con't) 5. Vacant property shall be kept free of refuse and debris,and shall have the vegetation cut periodically during the growing season. Deleted:dt>PROCEDURES¶ <#>The City Building Official,or his/her Filename: C:',Documents and Settings\Anna\My Doctanents\OrdinanceslAppearance\Appearance Code7.doc designee,shall review the plan and/or drawing of the exterior design of every building and site to be constructed in the City for compliance with this code,prior to the issuance of a building permit. Building permits shall only be issued upon authorization of the City Building Offiicial.¶ <#>Any appeals to this Code or the City Building Official's determination of compliance with this code shall be made in writing and submitted to the City Building Official. The City Building Official shall direct such requests to the Facade Committee who shall make a recommendation to the City Council. The City Council's decision shall be binding.¶ Deleted:9/14/2004 Inserted:9/14/2004 Deleted:9/13/2004 Inserted:9/13/2004 Deleted:8/312004 I Date Printed: Page 11 09/16/2004 11 . 42 FAX 630 553 5764 DANIEL J. KRAMER a 027/031 STATE OF ILLINOIS ) COUNTY OF KENDALL ) FOURTH AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR FOX HILL SUBDIVISION (JEANNE DRESDEN AS TRUSTEE FOR TRUST#8589,OR NOMINEE) (DCI-CHARRINGTON,INC.,OR NOMINEE) WHEREAS, the UNITED CITY OF YORKVILLE and PAUL DRESDEN,the ORIGINAL DEVELOPER OF FOX HILL SUBDIVISION entered into a written Planned Unit Development Agreement which was previously adopted and approved by the UNITED CITY OF YORKVILLE through Ordinance by its City Council; and WHEREAS,the OWNER/DEVELOPER and the CITY have undertaken to perform all obligations with respect to that Agreement; and WHEREAS, a new OWNER/DEVELOPER, JEANNE DRESDEN AS SOLE BENEFICIARY OF OLD SECOND NATIONAL BANK OF AURORA TRUST#8589, and DCI-CHARRINGTON, INC.,or nominee, within Fox Hill Subdivision,has made written application to the UNITED CITY OF YORKVILLE for the purpose of approving the preliminary and final plat of subdivision as depicted in the attached Exhibit "A"which is incorporated herein and made apart hereof; and WHEREAS, JEANNE DRESDEN AS SOLE BENEFICIARY OF OLD SECOND NATIONAL BANK OF AURORA TRUST#8589, or nominee, within Fox Hill Development, has provided the City with an architectural rendering of the proposed structures to be constructed within the property a copy of which is attached hereto and incorporated herein as Exhibit "B" in —1— 09/16/2004 11 : 42 FAX 630 553 5764 DANIEL J. KRAMER I2028/031 accordance with the Preliminary and Final Plat of Subdivision. NOW THEREFORE,the parties hereby agree as follows: 1) INCORPORATION OF RECITALS: All parties hereto agree that the above contained recitals are an integral part of this Agreement and hereby adopt those recitals as part of this Agreement. 2) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that the parties hereto have full and express authority to enter into an Amendment of the original Planned Unit Development Agreement to which this Amendment is appended pursuant to that Agreement. 3) Upon approval of this Agreement by all parties, the UNITED CITY OF YORKVILLE will pass an Ordinance approving the terms of this Agreement and the Preliminary and Final Plat of Subdivision of the real property depicted in the attached Exhibit"A". 4) OWNER/DEVELOPER agrees to construct any and all structures within the subdivision in substantial conformance with the architectural rendering depicted in Exhibit"B". 5) SEVERABILITY: Should any provision of this Annexation Amendment be found to be unenforceable by a Court of competent jurisdiction, the remaining terms and conditions of this Amendment to Planned Unit Development Agreement as well as the original Planned Unit Development Agreement shall remain in full force and effect. 6) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all —2— 09/16/2004 11 :42 FAX 630 553 5764 DANIEL J. KRAMER Cj029/031 documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Amendment shall be performed in a timely manner by all parties hereto, IN WITNESS WHEREOF the undersigned have set their hands and seals this day of , 2004. DCI-CHARRINGTON, INC., or Nominee UNITED CITY OF YORKVILLE By: By: ARTHUR F. PROCHASK,A, JR. MAYOR Attest: CITY CLERK JEANNE DRESDEN, SOLE BENEFICIARY OF OLD SECOND NATIONAL BANK OF AURORA Trust#8589 Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553,9500 —3— 0 CD CD N 0 La A N -T1 D X 07 W O r VI / Cr) 44ift.....k. , ." a P; 44N----.. Ilig 111111 e-. ■ 1SI= a.■ .9! El 711.�[ :...�.. 'ptp .�.ii ,� .% �� _� ��i maimion i ■. ce — .�Intl ----■ �.� ;�' �i�.n = ..E ... - 1 a ■ua ua�iE r -... iiiii tali- r�. mil ■. •■■ ■u ■n. " I.. 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ND L PLANNING, BUILDING ZONING DEPARTMENT 111 WEST FOX STREET-ROOM 316 YORKVILLE, ILLINOIS 60560-1498 'FEBRU 19,1841 630/553-4141 • FAX 630/553-4179 Mr. Art Prochaska, Mayor August 23, 2004 United City of Yorkville 800 Game Farm Rd Yorkville, IL 60560 RE: Fox &Kendall Township Land Resource Management Plan Update- Schedule and Request for Funding Assistance Dear Art: We are pleased to announce that the Planning,Building and Zoning Sub-Committee of the Kendall County Board has directed its staff to commence work on updating the Fox and Kendall Township portions of the Kendall County Land Resource Management Plan(LRMP). Enclosed you will find the proposed project time-line highlighting the various steps of the update process. As you will note, we are currently in the process of having our consultants at Teska&Associates collect background data and information for formulation of a draft plan. As indicated in the proposed time-line we will be conducting a workshop meeting in each of the affected townships during the month of September. The County's Ad-Hoc Zoning Committee has recommended that we target first workshop on the evening of September 23, 2004 in Fox Township with the second workshop to take place on October 7, 2004 in Kendall Township. During these meetings the background analysis will be reviewed, along with preliminary land use concepts and alternatives. The purpose of these meetings is to solicit input from the affected townships,municipalities and their respective residents. Based on community input,the plan will be revised and supporting text and tables developed. The refined version of the draft plan will then be reviewed and further refined following a series of additional meetings prior to scheduling a formal public hearing on a final version of the draft plan. To assist us in funding the update,the County is asking each participating Township and Municipality to contribute $2,000 dollars toward the projected$25,800 cost of completing the update. Contributions should be submitted to the Department of Planning,Building and Zoning. Checks should be made payable to the Kendall County Treasurer. We will be contacting you in the coming weeks to invite you to participate and attend the township meetings and provide input into the process. In the interim, should you have any questions regarding this matter,please feel free to contact me at(630) 553-4138. Sincerely, 7' erry !Dudgeon, ACP Director CC: John Church,Kendall County Board Chair Anne Vickery,Planning,Building and Zoning Committee Chair Jeff Wilkins,County Administrator Mike Hoffman, TAI T E'S KA Community Planning + Site Design + Development Economics + Landscape Architecture MEMORANDUM TO: Jerry Dudgeon FROM: Mike Hoffman DATE: May 27, 2004 SUBJECT: Revised Scope/Timeline/Budget for LRMP Update for Kendall and Fox Townships Here's an outline of approach, timeline, and budget to update the LRMP for Kendall and Fox Townships. Approach We anticipate an approach similar to that used on the recently completed LRMP update for Na-Au-Say Township. The process will include the following steps: 1. Background analysis - interviews with key stakeholders, trends analysis including traffic and population, mapping of existing municipal plans and key environmental features, and preliminary land use concepts 2. Meeting - Preliminary review with Adhoc Committee 3. Township Workshops-Two workshops, one in Kendall Township and one in Fox Township where background analysis will be reviewed, along with preliminary land use concepts and alternatives 4. Revisions and Document Preparation- Based on community input, the plan will be revised and supporting text and tables developed. 5. Meeting-The draft document will be reviewed with the AdHoc Committee. The draft should also be reviewed with RPC and the PBZ Committee of the County Board. For budgeting purposes, it is assumed that County staff will handle the presentation to the latter two groups. 6. Revisions-The plan will be revised based County input. 7. Meeting -The revised plan will be reviewed with the Adhoc Committee prior to the Public Hearing. 8. Public Hearing -A public hearing will be conducted by the RPC at the County's annual planning workshop. 9. PBZ Committee Meeting - The plan recommended by the RPC will be reviewed with the PBZ Committee by County staff. 10. County Board Approval -The plan will be reviewed and adopted with our without revisions by the full County Board. Teskaltssociates;:inc r^. 4n0°1- 1474 fax 847.869.2059 voice 847.869.2015 11. Integration into overall LRMP - Revisions based on the detailed plans for Kendall and Fox Townships will be integrated into the overall County LRMP. Study Area This LRMP Update will address all of Kendall and Fox Townships in Kendall County. Stakeholders The following stakeholders will be invited to participate in planning meetings throughout development of the plan. In addition, many of these organizations will be interviewed during the background analysis phase of this project. County Departments Townships • Planning, Building and Zoning • Fox • Forest Preserve • Kendall • Highway • Health (for septic issues) Other Governmental Units • Bristol Sanitary District Municipalities • Soil and Water Conservation • Millington District • Newark • School Districts • Millbrook • Fire Protection Districts • Yorkville Timeline and Budget Task Completion Date Budget Background Analysis July 28th, 2004 $6,770 Ad Hoc Meetin• Au.ust 4, 2004 $560 Township Workshops September 24th, 2004 $2,060 Drafting of initial plan October 27th, 2004 $7,330 Ad Hoc Meeting Nov. 3rd, 2004 $560 Nov. RPC Dec. 6th, PBZ Committee Revisions Dec. 22nd, 2004 $1,410 Ad Hoc Meeting Jan. 5th, 2005 $560 Public Hearin Feb. 19th, 2005 $2,060 PBZ Committee Mr. 7th, 2005 0 County Board Approval Mr. 16th, 2005 0 Integration into overall Ap. 15th, 2005 $2,300 LRMP •- - $1,890 'fesk+a Associates,inc. - '^^^> »7n fnx ft47 rR,69.2059 vcice 847.869.2015 I $25,800 Let me know if you have any questions or would like to make any changes. T�eska�Ass�iciafesY�n /r)n i-4474 fax 847.869.2059 voice 847.869.2015 fes. j YORK VILLE /) PARKS&RECREATION Yorkville Parks&Recreation Department 908 Game Farm Rd. Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: vorkrecdep(a?aol.corn Administrative Office 301 E Hydraulic Street Yorkville, IL 60560 630.553.4341 630.553.4347 Memo To: Art Prochaska, Mayor City Council From: Laura J. Brown, Executive Director Date: September 13, 2004 Cc: Tony Graff, City Administrator Re: Result and recommendations of bid for Beecher Community Center Parking lot The Beecher Community Center parking lot rehabilitation bids were opened on Friday, September 10, 2004 at 2:00 pm with two bids received. Staff members Laura Brown and Scott Sleezer were present. The bid amounts were as indicated; 1. Aurora Blacktop, Inc. Base Bid $34,806.70 Alternate $ 6,313.90 Total Bid Amount $ 41,119.50 2. D. Construction, Inc. Base Bid $37,485.00 Alternate $ 8,763.00 Total Bid Amount $46,248.00 Budget allocation: #16-000-75-00-7209 Beecher Parking lot $45,000 Smith Engineering Construction for bid drawings $ 1,977.12 Aurora Blacktop, Inc bid amount $ 41,119 $ 43,176.12 Account Balance + $ 1,823.88 Suggested Action: To accept the low bid and staffs recommendation for the Beecher Community Center parking lot rehabilitation bid award to low bidder Aurora Blacktop, Inc. as outline in the bid summary, and to authorize the Mayor and staff to execute the construction bid documents to proceed with the parking lot rehabilitation and construction including alternate bid for a not to exceed amount of$41,119.60. ADVERTISEMENT FOR BIDS The United City of Yorkville, Kendall County, Illinois is accepting contract bids for the following project: Beecher Community Center— Parking lot Rehabilitation which includes the following; 1. Removal of existing bituminous pavement 2. Replacement of 2" leveling binder(machine method) superpave N50 3. 1.5" overlay placed over the parking lot as a whole including the gutter flags as shown on diagram / plans. Overlay shall be a bituminous concrete surface course, superpave mix C, N50. 4. Replace existing striping utilizing existing patterns. Alternates 1.Removal by milling of the failed bituminous areas through the access drive as shown on diagrams/ plans. 2. Crack routing pavement and crack filling at all bituminous and concrete joints. Sealed bids will be received on or before at September 9, 2004 2:00 pm at the United City of Yorkville, 800 Game Farm Road, Yorkville, IL. 60560. Project bids will be publicly opened and read aloud at that time. Contractors will be required to comply with all laws, including those relating to the employment of labor and the payment of the general prevailing rate of hourly wages in the locality in which the work is to be performed for each craft or type of worker or mechanic needed to execute the contract or perform such work, also the general prevailing rate for legal holiday and overtime work, as ascertained by the City or by the Illinois Department of Labor for Kendall County, Illinois, shall be paid for each craft or type of worker needed to execute the contract or to perform such work. In order to ensure fair and objective evaluation, all questions related to this RFP should be addressed only to the person (s) so named in this RFP; those persons are Scott Sleezer and Laura Brown. Contact with any other City employee is expressly prohibited without prior consent of the persons so named herein. Vendors directly contacting other City employees will risk elimination of their proposal from further consideration. The United City of Yorkville reserves the right to reject any or all bids and to waive any irregularities. Plans and specifications may be obtained beginning August 19, 2004 from the United City of Yorkville, 800 Game Farm Road, Yorkville, IL. 60560. BID PROPOSAL The undersigned submits herewith his schedule of prices covering the work to be performed under this contract; he understands that he must show in the schedule the unit prices for which he proposes to perform each item of work, that the extensions must be made by him, and that if not so done his proposal may by rejected as irregular. ESTIMATED NO. ITEM QUANTITY/BID UNIT/PRICE TOTAL 1. BITUMINOUS SURFACE REMOVAL, 2" 1983/ S.Y. 3.50 - 6,940.50 2. LEVELING BINDER (MACHINE METHOD), SUPERPAVE N50, 2" 228 TONS- 45.30 10,328.40 3. BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE MIX"C" N50, 1.5" 334 TONS-45.30 15,130.20 4. 4" PAVEMENT MARKING PAINT 414 L.F. 1.30 538.20 5. PAVEMENT MARKING PAINT, LETTERS &SYMBOLS 19 S.F. 7.35 139.65 6. SAWCUT OF EXISTING BITUMINOUS PAVEMENT 24 L.F. 3.00 72.00 7. BITUMINOUS SURFACE BUTT JOINT 107 L.F. 3.00 _ 321.00 8. CRACK ROUTING (BITUMINOUS) 1563 L.F. 0.25 390.75 9. CRACK FILLING 270 LBS. 3.50 945.00 SUBTOTAL 24,805.70 ALTERNATE#1 A. BITUMINOUS SURFACE REMOVAL 2" 69 S.Y. 15.00 _____1,035.00 B. LEVELING BINDER (MACHINE METHOD) SUPERPAVE n50, 2" 8 TONS 45.30 362.40 C. BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE MIX"C" N50, 1.5" 85 TONS 45.30 3,850.50 D. BITUMINOUS SURFACE BUTT JOINT 22 L.F. 15.00 330.00 E. CRACK ROUTING (BITUMINOUS) 844 L.F. 0.25 211.00 F. CRACK FILLING - 150 LBS 3.50 525.00 ALTERNATE SUBTOTAL 6,313.90 TOTAL BID $ 41,119.60 (If an Individual) Signature of Bidder Business Address (Seal) (If a Partnership) Firm Name Signed By Business Address (Insert names and addresses of all Partners of the Firm) (If a Corporation) Corporate Name AURORA BLACKTOP I N C Signed By,,,- ,.�.�e14, (` Presidt Business Address 1065 S A R D AVENUE (Corporate Seal) MONTGOMERY . IL 60538 (Print names of officers) President J E R O M E E . LEIFHEIT Secretary JEREMY J . LEIFHEIT Treasurer JEREMY J . LEIFHEIT r6 :01 Attest: '` '�i,'I Attest ‘_ FSe ritary r BID PROPOSAL The undersigned submits herewith his schedule of prices covering the work to be performed under this contract; he understands that he must show in the schedule the unit prices for which he proposes to perform each item of work, that the extensions must be made by him, and that if not so done his proposal may by rejected as irregular. ESTIMATED NO. ITEM QUANTITY/BID UNIT/PRICE TOTAL 1. BITUMINOUS SURFACE REMOVAL, 2" 1983 I S.Y. y, Ot 7,% .) 00 2. LEVELING BINDER (MACHINE METHOD), SUPERPAVE N50, 2" 228 TONS y1l461-;' 0,03).L'0 3. BITUMINOUS CONCRETE SURFACE COURSE 5 SUPERPAVE MIX"C" N50, 1.5" 334 TONS y`f C-`% J ;''ib,t 1 4. 4" PAVEMENT MARKING PAINT 414 L.F. a Cu '71y. L 5. PAVEMENT MARKING PAINT, LETTERS &SYMBOLS 19 S.F. -'-'-':69 `s- }e 6. SAWCUT OF EXISTING BITUMINOUS PAVEMENT 24 L.F. 5-6 r 7 D. t't) 7. BITUMINOUS SURFACE BUTT JOINT 107 L.F. it', i r;?L•i'J , 8. CRACK ROUTING (BITUMINOUS) 1563 L.F. •Z``' 3. ;'&•00 s , 9. CRACK FILLING LBS. 3L•Li SUBTOTAL 37 -45; +i) i ALTERNATE#1 3 A. BITUMINOUS SURFACE REMOVAL 2" 69 S.Y. C-0U y61G: B. LEVELING BINDER(MACHINE METHOD) SUPERPAVE n50, 2" 8 TONS 10•L)U &`-//).Le) C. BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE MIX"C" N50, 1.5" 85 TONS CO 6 25.CG'' D. BITUMINOUS SURFACE BUTT JOINT 22 L.F, Ib-04 22-0. 'x' E. CRACK ROUTING (BITUMINOUS) 844 L.F'„ .2- L) [ C na:GV F. CRACK FILLING LBS'3c OD -- ALTERNATE SUBTOTAL 'K ?fv?:00 TOTAL BID $ 1'! `� � , (If an Individual) Signature of Bidder Business Address (Seal) (If a Partnership) Firm Name Signed By Business Address (Insert names and addresses of all Partners of the Firm) (If a Corporation) Corporate Name Signed By President Business Address )1q,c.' 5 brc (Corporate Seal) (Print names of officers) President Venn t'1,17 —CM/690 Secretary 7V-114:i - /-714,--)se4 Treasurer /0 rna,v4 — / ?n;e „A, o Attest: eijigai/( /4001 Secretary UNITED CITY OF YORKVILL F SUBDIVISION CONTROL ORDINANCE THE UNITED CITY OF YORKVILLE Ordinance No. Date Adopted June 21,2004 Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE SECTION 1.00 111LE 2.00 INTENT&PURPOSE 3.00 GENERAL PROVISIONS 3.01 Jurisdiction 3.02 Interpretation 3.03 Separability 3.04 Rules • 4.00 DEFINITIONS 5.00 PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT 5.01 Concept Plan 5.02 Preliminary Plan 5.03 Final Plan 6.00 REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS&PLATS 6.01 Pre-Application Conference Plan 6.02 Preliminary Plan 6.03 Final Plan 7.00 DESIGN STANDARDS 7.01 General 7.02 Public Sites and Open Spaces 7.03 Standards 7.04 Half-Streets 7.05 Alleys 7.06 Street Jogs 7.07 Street Intersections 7.08 Blocks 7.09 Lots 7.10 Easements 8.00 REQUIRED IMPROVEMENTS 8.01 Improvement Requirements Prior to Filing Final Plat 8.02 Subdivision Securities 8.03 Construction Warranty 8.04 Procedure 8.05 Construction and Inspection 8.06 As-Built Plans 8.07 Survey Monuments 8.08 Acceptance of Dedication,Improvements 8.09 Streets 8.10 Sidewalks 8.11 Street Lighting 8.12 Signage,Guard Rails,&Landscaping 8.13 Storm Water Drainage 8.14 Sanitary Sewer System 8.15 Water System 8.16 Over-sizing of Utilities 2 Yorkville Subdivision Control Ordinance YORKVILLE SUBDIVISION CONTROL ORDINANCE. CONTINUED SECTION,CONTINUED 9.00 ADMINISTRATION 9.01 Building Permit 9.02 Certificate of Occupancy 9.03 Variations 10.00 AMENDMENTS 10.01 Initiation of Amendment 10.02 Processing Application for Amendment 10.03 Decisions 11.00 FEE SCHEDULE 11.01 Land-Cash Contributions 11.02 Fees 12.00 VIOLATIONS,PENALTY, &ENFORCEMENT 13.00 REPEALER 14.00 SEVERABILITY 15.00 EFFECTIVE DATE Exhibit 1 Standard Specifications for Improvements Exhibit 2 Park Development Standards , ez U oidezi/n-ecb or titer Wily Voagtcr d o, titer i?eat Vi , WJa2IItfrdte, gita f th SPeVal Ouurta'we/j,aaaert adtct afr f i,a4ftet/4 thter Way War..f/ytci6 a#titer 4Grt way,`/1 ate,' day°, , ad.1-r -. - aiy c oei aaA-4(.osrsa<' 3 Yorkville Subdivision Control Ordinance SECTION 1.00-TITLE This Ordinance shall hereafter be known, cited,and referred to as the Yorkville Subdivision Control Ordinance. SECTION 2.00—INTENT&PURPOSE The regulations of this ordinance are adopted: To protect the interests of the land owner,the investor in land,the homeowner, and the municipal unit; To conserve,protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate the provisions of public improvements; To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of the public; and to safeguard the public against flood damage; To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location,width, and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds,and other public open space;and To establish procedures for the submission, approval, and recording of plats, to provide the means for enforcement of the ordinance, and to provide penalties for violations. SECTION 3.00—GENERAL PROVISIONS 3.01 JURISDICTION 3.01.01 This Ordinance shall apply to all subdivision of land within the incorporated limits of the United City of Yorkville, and within its contiguous territory, but not more than one and one-half miles beyond the incorporated limits of the United City of Yorkville. 3.02 INTERPRETATION 3.02.01 Minimum Requirements: The provisions of this Ordinance shall be:held to be the minimum requirements for the promotion of public health, safety,and welfare. 3.02.02 Relationship with Other Laws: Where the conditions imposed by any provision of the Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other ordinance, law, resolution, rule, or regulation of any kind, the regulations that are more restrictive (or which impose higher standards or requirements) shall govern. 3.02.03 Effect On Existing Agreement. This Ordinance is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this Ordinance are more restrictive (or impose higher stands or requirements) than such easements, covenants, or other private agreements,the requirements of this Ordinance shall govern. 3.02.04 The Standard Specifications for Improvements shall be hereby included and made a part of this Subdivision Control Ordinance in its entirety. 3.02.05 The Park Development Standards shall be hereby included and made a part of this Subdivision Control Ordinance in its entirety. 4 Yorkville Subdivision Control Ordinance 3.03 SEPARABILITY 3.03.01 Should any section, subsection, clause, or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole,or any part thereof,other than the part so declared to be invalid. 3.04 RULES 3.04.01 In the construction of this Ordinance, the rules contained herein shall be observed and applied, except when the context clearly indicates otherwise: 1. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number,and the plural shall include the singular. 2. The word"shall"is mandatory, and not discretionary. 3. The word"may"is permissive. 4. The masculine gender includes the feminine and neuter. SECTION 4.00—DEFINITIONS 4.01 The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Alley: A public right-of-way, primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street. Block: A tract of land bounded by streets, or by a combination of streets, railway right-of-ways, or waterways. Building Setback Line: A line across a lot or parcel of land, establishing the minimum open space to be provided between the line of a building or structure, and the lot line of the lot or parcel. City: The Mayor and City Council of the United City of Yorkville,Illinois. Crosswalk: A strip of land 10' or more in width, dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas, and may include utilities,where necessary. Cul-de-Sac: A street having only one outlet, and an appropriate terminal for the reversal of traffic movement,without the need to back up. Dead-end Street: A Street having only one outlet. Density, Gross: A numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling Traits are located. Density.Net: A numerical value obtained by dividing the total dwelling units in a development by the total area of the development, less rights-of-way, parks, storm water management areas, and all other non-residential uses. Development: Any man-made change to real estate,including: a) Preparation of a plat of subdivision; b) Construction,reconstruction,or placement of a building or any addition to a building; 5 Yorkville Subdivision Control Ordinance c) Installation of a manufactured home on a site,preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days; d) Construction of roads,bridges,or similar projects; e) Redevelopment of a site; f) Filling, dredging, grading, clearing, excavating, paving, or other non-agricultural alterations of the ground surface; g) Storage of materials,or deposit of solid or liquid waste; h) Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of storm water flows,from a property. Easement: A grant by a property owner for the use of a parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes. Eyebrow Cul-de-Sac: A cul-de-sac whose center radius point is less than 80 feet from the centerline of the intersecting cross street. Floodplain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. The floodplain is also known and the Special Flood Hazard Area(SFHA). Frontage: The property on one side of a street,between two intersecting streets(crossing or terminating), measured along the line of the street; Or, with a dead-end street, all property abutting one side of such street,measured from the nearest intersecting street and the end of the dead-end street. Frontage Road: A public or private marginal access roadway, generally paralleling and contiguous to a street or highway, and designed to promote safety by eliminating nnlimited ingress and egress to such street or highway by providing points of ingress and egress at relatively-uniform spaced intervals. Half Street: A Street bordering on or more property lines of a subdivision tract,to which the sub-divider has allocated only a portion of the ultimate and intended street width. DOT: Illinois Department of Transportation. Improvement Plans: The drawing of all required land improvements,prepared by an Illinois Registered Professional Engineer,and all accompanying information as required by the Ordinance. Improvements: All facilities constructed or erected by a subdivider within a subdivision, to permit and facilitate the use of lots or blocks for a principal residential,business,or manufacturing purpose. Land Improvement: All required onsite and offsite subdivision improvements, including but not limited to, any sanitary sewage system,water distribution system,storm drainage systems,public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainage way facilities,pedestrian ways,and retention and detention basins. Lot: A portion of a subdivision or other parcel of land,intended for transfer of ownership,or for building developments. Lot Depth: The distance between the midpoint of the front lot line and the midpoint of the rear lot line. Lot, Double Frontage: A lot, two opposite lot lines of which abut upon streets which are more or less parallel. 6 Yorkville Subdivision Control Ordinance Lot Line: The boundary line of a lot. Lot Width: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line, establishing the lot depth at the established building setback line. Parcel: The word parcel shall refer broadly to a lot,tract,or any other piece of land. Parkway: A strip of land situated within the dedicated street right-of-way, either located between the roadway and right-of-way line,or a median located between the roadways. Parking Lot An area permanently reserved and/or used for the temporary storage of motor vehicles. Plan, Concept: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a site plan indicating existing offsite roadway connections. Plan,Final: The final plat,plus all accompanying information required by this Ordinance. Plan.Preliminary: The preliminary plat,plus all accompanying information required by this Ordinance. Planned Unit Development: Parcel of land or contiguous parcels of land in single ownership or unified control,to be developed as a single entity,the character of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located; the developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the City as a whole, and would not otherwise be required by the City Ordinances. Plat: A subdivision as it is represented as a formal document by drawing and writing. Plat, Final: The final map drawing or chart, on which the subdivider's layout of a subdivision is presented to the City Council for approval, and which, if approved, will be submitted to the County Recorder for recording. Plat, Preliminary: A tentative map or drawing, which indicates the subdivider's proposed layout of a subdivision,including all proposed improvements. Re-subdivision: The subdivision of a tract of land that has previously been lawfully subdivided, and a plat of such prior subdivision duly recorded. Richt-of-Way: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes in the United City of Yorkville shall mean that every right-of-way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water mains, sanitary sewers, the maker of the plat on which such right-of-way is established shall dedicate storm drains,or any other use involving maintenance by a public agency to public use. Roadway: The paved portion of the street available for vehicular traffic. Service Drive: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way, and providing safe and orderly points of access at fairly uniformly-spaced intervals. Sewaee Disposal System, Individual: A sewage disposal system, or any other sewage treatment device approved by the Kendall County Department of Public Health,and servicing only one lot. 7 Yorkville Subdivision Control Ordinance Sewage Disposal System, Central: A system of sanitary sewers, serving ten or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant. Sidewalk: That portion of street or crosswalk way,paved or otherwise surfaced, intended for pedestrian use only. Street A public or private right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated,but excepting driveways to buildings. Street,Half: A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right-of-way width. Street, Marginal Access: A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic. Street, Estate Residential: A Street of limited continuity, used for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than 1000ADT. Street. Local Residential: A Street of limited continuity, used primarily for access to abutting rural residential properties and local needs of a neighborhood. This street carries less than 1000ADT. , Street,Major Collector: A street that serves as a main traffic thoroughfare,both within and outside of the City, carrying heavy volumes of traffic. This street carries more than 2500 ADT. Street, Collector: A Street that collects and distributes traffic, primarily within residential areas. This street carries between 2500 and 12,000 ADT. Street, Minor Collector: A Street that collects and distributes traffic within intensively developed areas, and is used primarily for internal trips within the planning area. This street carries between 1000 and 2500 ADT. Street Width: The shortest distance between the backs of the curb or edge of pavement of a roadway. Sub-divider: Any person or corporation or duly authorized agent who undertakes the subdivision or development of land as defined herein. Also referred to as Developer. Subdivision: A described tract of land which is to be, or has been, divided into two or more lots or parcels. The term subdivision includes re-subdivision and,where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this manual, the requirements contained herein shall not apply,and no plat is required, in any of the following instances: 1. The division or subdivision of land into parcels or tracts of five acres or more in size, which does not involve any new streets or easements of access; 2. The division of lots or blocks of less than one acre, in any recorded subdivision, which does not involve any new streets or easements of access; 3. The sale or exchange of parcels of land between owners of adjoining and contiguous land; 4. The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involved any new streets or easements of access; 5. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; 8 Yorkville Subdivision Control Ordinance 6. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; 7. Conveyances made to correct descriptions in prior conveyances; 8. The sale or exchange of parcels or tracts of land existing on the date of adoption of this Resolution into no more than two parts, and not involving any new streets or easement of access. Turn-Around: An area at the closed end of a street or parking lot, within which vehicles may reverse their direction. Wetlands: As defined by the Illinois Department of Natural Resources. SECTION 5.00—PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT Instructions for subdivision plat processes leading to approval and plat recording: 5.01 CONCEPT PLAN 5.01.01 Application: Petitioners who wish to start the process with a concept plan should at this time submit his application (the original and 35 copies), along with 35 folded copies of his concept plan, a minimum of 15 days prior to the targeted Plan Commission meeting. As part of the application, the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.01.02 Review: Petitioner needs to schedule a meeting with the City Administrator, City Engineer, and Director of Public Works, to review access, availability of water, sewer, storm water, and other related technical issues, at least two weeks prior to the targeted Plan Commission. 5.01.03 Park Board: Petitioner must attend the scheduled Park Board meeting if the development has a residential component. The petitioner (or his duly authorized representative) will present the Concept Plan, and discuss how it fits into the overall City Park Plan. The Park Board will make a recommendation regarding the petitioner's plan for parks. 5.01.04 Plan Commission: Petitioner must attend the scheduled Plan Commission meeting, which will involve an informal public comment session after the petitioner (or his duly authorized representative)presents his Concept Plan. 5.01.05 Committee of the Whole: Petitioner must attend the scheduled Committee of the Whole meeting, which will involve a presentation of the Concept Plan by the petitioner (or his duly authorized representative),and informal discussion with the Committee members. 5.02 PRELIMINARY PLAN 5.02.01 The preliminary plan is a drawing complying with all provisions of this Ordinance, and when considered necessary by the Plan Commission or the Plan Council, should be accompanied by other engineering drawings concerning required improvements on which final review for adherence to design standards and improvement proposals is based, and from which detailed engineering drawings can proceed. 9 Yorkville Subdivision Control Ordinance 5.02.02 When the petitioner does not wish to present a Concept Plan,he will start with his Preliminary Plan, and at this time submit his application. Petitioner will be invoiced for the required annexation, re- zoning, engineering, and other applicable fees, which must be paid in full prior to being placed on the Plan Commission Agenda. A deposit for legal and planning services will also be invoiced, and is due at this time. Payment should be made to the Deputy Clerk, and the United City of Yorkville Administrative Offices. As part of the application, the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk, for the purpose of sending certified notices of the required public hearing(s). 5.02.03 Following a written report from the Plan Council, and after review of the Preliminary Plan and discussion with the Sub-divider on changes and additions that may be required for the plan, the Plan Commission shall make a recommendation in writing to the City Council. 5.02.04 After review of the Preliminary Plan and the recommendation of the Plan Commission, the City Council shall discuss with the subdivider the proposed Plan, and shall, within 45 days, act on the Preliminary Plan. The subdivider shall be notified in writing of any conditions of approval or reasons for disapproval. 5.02.05 Approval of the Preliminary Plan is tentative only, and shall be effective for a period of twelve months. If the final plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) 12-month periods. 5.02.06 Ordinances in effect on the date of Preliminary Plan approval shall govern the preparation of the Final Plan. Ordinances in effect on the date(s) of Final Plat approval(s) shall govern any fees paid or contributions made by the developer. 5.02.07 Fees for legal and planning services will be billed based on per-hour range of work being performed. These amounts are deducted from the deposit amount we invoiced earlier, and a statement of account (reflecting the current credit balance) is sent to the petitioner with the consulting bills enclosed. All fees must be current before proceeding to the next stage of the approval process. 5.03 FINAL PLAN 5.03.01 Approval of the Preliminary Plan all entitle the subdivider to approval of the Final Plan, provided that the Final Plan: 1. Conforms substantially to the approved Preliminary Plan; 2. Meets all conditions of said approval; and 3. Complies with all applicable, current ordinances. 5.03.02 Disapproval of the Final Plan is warranted if: 1. There are more than minor deviations from the approved Preliminary Plan;and/or 2. A new highway, pipeline, or other major improvement shall directly affect the proposed development site. 5.03.03 The proposed Final Plat must be accompanied by 12 sets of the proposed improvement plans for review by the plan Council. 5.03.04 After reviewing the final plat and applicable minutes from the Plan Council and any discussions on changes and additions that may be required, the Plan Commission shall recommend in writing to the City Council, within 45 days from receipt of the Plan Council minutes, wither approval or disapproval of the Final Plat and its reasons for such recommendation. 10 Yorkville Subdivision Control Ordinance 5.03.05 The final plat then proceeds to The Economic Development Committee which consisting of four (4) City Council members for its further review and recommendation. Project then moves to the Committee of the Whole and then the City Council meeting for approval or disapproval. 5.03.06 The proposed Improvement Plans shall be prepared by a Registered Professional Engineer of Illinois, ' who shall be responsible for the design of all public and land improvements required by this subdivision Ordinance, as provided in the Illinois Professional Engineering Act. The submitted plans shallbe sealed by said Professional Engineer, and shall be in conformance with the City's Standard Specifications for Improvements, and these City Specifications shall be the only specifications for the improvements. 5.03.07 The Final Plat cannot be submitted to the plan Commission until the Improvement plans are approved and signed by the City Engineer and the City Administrator, and all fees are paid, and all required securities are filed. 5.03.08 The Final Plat shall be recorded with the County Recorder of Deeds,within thirty days from the date of final approval, or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. 5.03.09 Final Engineering Plan: Submit 3 sets of the Final Engineering Plans to the Deputy Clerk at the City Administrative Offices for review and recommendation by the City Engineer. SECTION 6.00—REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS&PLATS The following requirements are held to be the minimum amount of information necessary to convey to the representatives of United City of Yorkville a complete and accurate description of the kind and quality of subdivision proposed. Additional information may be submitted if it will further clarify the proposed subdivision. 6.01 PRE-APPLICATION CONFERENCE PLAN 6.01.01 Concept Plan: The Concept Plan may be done free hand,but shall be done with reasonable accuracy and clarity. The scale of the drawing should be 1"= 100', unless clarity or size of drawing dictates otherwise. The following information shall be shown: 1. Name and address of the owner or subdivider; 2. North arrow and scale; 3. Approximate dimensions and area of parcel; 4. Topography—not greater than 10' contour intervals such as can be obtained from USGS maps; 5. Proposed layout of streets,lots,parks,and non-residential areas,including storm water control; 6. Number of dwelling units,gross and net density; 7. Minimum and average lot sizes; 8. Gross and net area; 9. For multiple-family,commercial and industrial areas: a. Location of buildings; b. Approximate dimensions and area of site; c. Off-street parking, delivery, and pick-up areas; d_ Buffer zones. 11 Yorkville Subdivision Control Ordinance 6.01.02 Existing Conditions: Presence of any of the following shall be shown on the Sketch Plan or an additional sheet. 1. Streams,marshes,bodies of water,wooded areas, wetland,and other significant natural features; 2. Location and direction of all water courses, drainage ways,and areas subject to flooding; 3. Location of storm drains, inlets, and outfalls; 4. Existing buildings; 5. Existing utilities,and utilities proposed for extension; 6. Existing streets and streets proposed. 6.01.03 Location Map: A small-scale map or sketch of the general area, showing the relationship between the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision indicated thereon. 6.02 PRELIMINARY PLAN 6.02.01 The Preliminary Plan shall be drawn at a scale of 1" = 100', unless another scale is approved or required by the Plan Commission or the plan Council at the pre-application conference. 6.02.02 The following information shall be shown on all Preliminary Plans: 1. Notation stating"Preliminary Plan"; 2. The name and address of the owner, the subdivider, and the engineer, surveyor, and planner preparing the plan; 3. Date, scale, and north arrow; 4. Topography—not greater than 2' contour intervals. 5. The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Kendall County; 6. Location of the subdivision on a small-scale drawing of the general area in which the subdivision lies, with the location of the subdivision indicated thereon, including high-water elevations,if known; 7. . The recorded length and bearing of the exterior boundaries of the subdivision; 8. Location and names of adjacent subdivisions and the owners of parcels of un-subdivided land within 200' of property; 9. Zoning on and contiguous to the subdivision; 10. Location, widths, and names of all existing and platted streets, alleys, or other known public ways and easements, railroad and utility rights-of-way, parks cemeteries, watercourses, permanent buildings, bridges, and other pertinent data, as determined by the Plan Commission on the lands proposed to be subdivided, and within one hundred, fifty(150) feet of the proposed subdivision; 11. The approximate areas of all parcels of land intended to be dedicate for reserved for public use, or to be reserved in the deeds for the common use of property owners in the subdivision; 12. If the subdivision borders a lake or stream, the distances and bearings of a meander-line established not less than twenty (20) feet back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distance and source of data noted; 12 Yorkville Subdivision Control Ordinance 13. Approximate storm water runoff and detention/retention calculations shall be in accordance with the Standard Specifications for Improvements. Offsite tributary drainage areas and discharging routing shall be defined with supporting data as necessary for evaluation; 14. 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; 15. Existing trees greater than 6"caliper; 16. Proposed plantings; 17. Legal Description; 18. Site date(See Figure No. 5 in Standard Specifications); 19. Routing to any proposed extensions of existing water and sewer mains, including all pipe sizes, pertinent elevations,and proposed elevations; 20. Internal utility layout, demonstrating sanitary sewer depths, water main looping, storm water routing to and from detention/retention, and locations of existing field tiles; 21. A written statement from the Kendall County Soil Conservation Service(USDA), expressing its opinion of the suitability of the land for the type of land use proposed; 22. A field tile survey,showing locations where exploration trenches were dug,and what was found. 6.02.03 The following information shall be shown for all single-family and two-family areas: 1. Approximate dimensions and minimum lot areas,in square feet; 2. Proposed building set-back lines; 3. Area of property proposed to be dedicated for public use,or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions of such dedication or reservation. 6.02.04 The following information shall be shown for all multiple-family, commercial, industrial, and other non-residential area: 1. Number of units,gross and net densities; 2. Open spaces; 3. Proposed layout of structures; 4. Layout and quantities of all off-street parking and loading areas; 5. Proposed building set-back lines; 6. Area of property proposed to be dedicated for public use,or to be reserved by deed covenant for use of all property owners in the subdivision, with the conditions of such dedication or reservation; 7. Buffer areas; 8. Square feet of buildings for commercial and industrial projects. 6.03 FINAL PLAN 6.03.01 The Final Plan shall be drawn in ink,at a scale of 1"= 100',or larger,on a non-fading, stable,Mylar material. The sheet size for plats or plans shall be not less than 18"x 24",nor larger than 24"x 36". When more than one sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document, and shall show the relation of that sheet to the other sheets. Final plans shall include all required engineering and landscaping improvements. See Figure No. 6 in Standard Specifications. 13 Yorkville Subdivision Control Ordinance 6.03.02 The following information shall be shown on all Final Plats: 1. Legal Description. Legal descriptions shall commence at the intersections of Section lines and/or Quarter Section lines when reasonably practical to do so. The developer shall also submit the Final Plat to the City in digital form, in a format acceptable to the City. The coordinate system for the Final Plat shall be NAD27 Illinois State Planes, East Zone, US Foot (IL-E). 2. All monuments erected, corners, and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof,or by legend, except lot corners need not be shown. 3. The exact length and bearing of all exterior boundary lines,public grounds, meander-lines, and easements,unless they parallel a noted boundary. 4. The exact width of all easements,streets,and alleys. 5. The dimensions of all lot lines,to the nearest on hundredth(1/100) of a foot. 6. Building setback lines on all lots. 7. All lots consecutively numbered within consecutively lettered blocks. 8. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than 90*,except that when the line in any tier of lots is parallel,it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown. 9. When a street is on a circular curve, the main chord of the center line shall be drawn as a dotted line in its proper place; and, either on it, or preferably in adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty (30) foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines. 10. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street,unless it is an extension thereof. 11. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width and names of these streets and highways and plats shall also be given. 12. All lands dedicated to public use,including roads, and streets shall be clearly marked. 13. All water courses, drainage ditches, and other existing features pertinent to the subdivision. 14. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing,clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided. 14 Yorkville Subdivision Control Ordinance 15. Monuments. The description and location of all survey monuments placed in the subdivision shall be shown upon Final Plat. Permanent monuments shall be of concrete,reinforced with one (1)number four(4)vertical rod,and not less than four(4) inches square on top, tapered to six (6) inches square at the bottom, and thirty-six (36) inches long, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Permanent monuments shall be erected at all corners or changes in bearing of the exterior boundary. Metal monuments not less than 1/2 inch in diameter, and 24 inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines, and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance. 16. A Surveyor holding a current, valid registration in Illinois shall perform the survey, and if the error in the latitude and departure closure of the survey is greater than the ratio of one in five thousand(1/5000), the plat may be rejected. 17. Certificates of Approval to be shown on Final Plat,as applicable: 1. Surveyor 2. Owner 3. Notary 4. City Administrator 5. Township Highway Commissioner,if applicable 6. County Supervisor of Highways, if applicable 7. Illinois Department of Transportation,if applicable 8. City Clerk 9. City Plan Commission, Chairman 10. Mayor 11. County Clerk 12. County Recorder 13. City Engineer 14. School District Certificate 15. Drainage Overlay Certificate SECTION 7.00—DESIGN STANDARDS 7.01 GENERAL 7.01.01 When laying out a subdivision,the developer shall: 1. Take into account, and comply with,officially adopted plans; 2. Conform to existing street patterns where such streets are contiguous to the proposed subdivision or may reasonably be projected through the subdivision; 3. Design the arrangement of uses in relation to topography and drainage conditions; 4. Consider all natural features, such as streams, lakes, ponds, tree cover, etc., and incorporate these features into the development; • 5. Consider street names. Streets that are extensions of, or obviously in alignment with, existing streets shall bear the name of the existing streets; however, no other streets shall bear names which duplicate or nearly duplicate so as to be confused with the names of existing streets; 6. Reserve a minimum of one historical street name from the list on file in the Engineer's office, prior to the recording of Final Plat, as set forth in the Historical Street Name Resolution; 15 Yorkville Subdivision Control Ordinance 7. Take into account future development,including street and utility extensions; 8. Consider the implementation of traffic calming measures,which the City may require on a case- by-case basis. 7.02 PUBLIC SITES AND OPEN SPACES 7.02.01 Where a proposed park,playground, school, or other public use shown on any official adopted City, Township, County, or State plan or map is located in whole or in part in a subdivision, appropriate public agencies and governing bodies shall be given an opportunity to begin, within one year from the date of recording of the Final Plat,procedures to acquire said acreage. 7.03 STANDARDS 7.03.01 The United City of Yorkville "Standard Specifications for Improvements", and the Yorkville Park Board "Park Development Standards" shall be incorporated herein, and shall apply to any and all development,not only subdivisions. 7.04 HALF-STREETS 7.04.01 Half-streets shall be prohibited, except where essential to the reasonable development of the subdivision, and in conformity with the other requirements of these regulations, and where the Plan Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. A right-of-way width of not less than forty- (40) feet, and a pavement width of not less than twenty-two and one-half(22-''A) feet, shall be required for the half-street. Where a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed within such tract In cases where half-streets are accepted, the owner and subdivider shall be required to grade and improve the half-street,the same ad all other subdivision streets. 7.05 ALLEYS 7.05.01 Alleys shall be provided in all commercial and industrial districts, except that the City may waive this requirement where another definite and assured provision is made for service access, such as off-street loading and parking consistent with, and adequate for,the uses proposed. 7.05.02 Alleys shall not be approved in residential areas, unless necessary because of topography or other exceptional circumstances. 7.05.03 Alley widths shall be not less than twenty-four(24) feet. 7.05.04 Dead-end alleys shall be prohibited. 7.06 STREET JOGS 7.06.01 Street intersection jogs with centerline offsets of less than one hundred, fifty- (150) feet shall be prohibited. 7.07 STREET INTERSECTIONS 7.07.01 Streets shall be laid out so as to intersect as nearly as possible at right angles. Proposed intersections at angles of less than eighty- (80) degrees shall not be acceptable. 16 Yorkville Subdivision Control Ordinance 7.08 BLOCKS 7.08.01 The length,width, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed on thousand, three hundred, and twenty(1320) feet,nor have less than sufficient width to provide two tiers of lots of appropriate depth between street lines, except that one tier of lots may back onto a limited access highway, railroad right-of-way, or major street,provided suitable screen-planting contained in a no- access reservation strip along the rear property line is provided. 7.08.02 Paved an fenced pedestrian crosswalks,not less than ten (10) feet wide,may be required by the Plan Commission through the center of blocks more than nine hundred (900) feet long, where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Paving shall be three (3) inches of bituminous concrete surface course on ten (10) inches of compacted CA-6 base. Fencing shall be four(4) feet high, continuous chain-link fence on both sides of the walkway on an easement. 7.09 LOTS 7.09.01 Every lot shall meet the minimum depth,width,and area requirements of the Zoning Ordinance. 7.09.02 The size, shape, and orientation of lots shall be appropriate for the location of the subdivision, and for the type of development and use contemplated. 7.09.03 Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street service and parking facilities. 7.09.04 The fronting of residential lots onto State and County highways is prohibited. Also prohibited is the fronting of residential lots onto any proposed major thoroughfare or major collectors, as designated by the Comprehensive Plan. Subdivision entrances for residential uses, and/or major entrances for commercial, industrial, and institutional uses shall be located not less than thirteen hundred (1300) feet apart,center-line to center-line,unless topography or existing street locations dictate otherwise. 7.09.05 Excessive depth in relation to width shall be avoided. 7.09.06 All lots shall front or abut on a public street. 7.09.07 Side lot lines shall be substantially at right angles or radial to street lines. 7.09.08 Double frontage and reversed frontage lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists; in which case, double-frontage lots shall be provided with suitable screen-planting contained in a no-access reservation strip along the rear property line and the right-of-way. When deemed necessary by the Plan Commission, double- frontage lots shall have additional depth to further protect the proposed use from rear lot line traffic. 7.09.09 Subdivisions must include the entire parcel being divided, and may have no exceptions or exclusions;and shall not contain"leftover"pieces, corner,or remnants of land. 8.09.10 Lot widths shall be measured at the building setback line,and may be reduced ten (10)percent at the end of a cul-de-sac,providing the lot area meets the requirements of the Zoning Ordinance. 7.09.11 Corner lots shall have a buildable area equal to or greater than the smallest interior lot on the same block. 17 Yorkville Subdivision Control Ordinance 7.10 EASEMENTS 7.10.01 Easements shall be provided at the rear of all lots. Such utility easement shall be at least ten (10) feet wide on each lot, and normally centered upon the rear or side lot lines. Easements will be required for all storm water control facilities and for overflow routes. The City may require wider easements and easements at other locations to accommodate proposed utilities and to provide space for future utilities. 7.10.02 Easements shall be provided at the side of all lots, and shall be at least five(5) feet wide on each lot, immediately adjacent to the property line. 7.10.03 Easements shall be provided along both sides of all right-of-ways, immediately adjacent and parallel to, said right-of-way. This easement shall be for utilities. Evidence shall be furnished to the Plan Commission that the individual utility companies have reviewed easements, and any easement provisions to be incorporated on the plat or in the deeds, or the organization responsible for furnishing the service involved. 7.10.04 Where a watercourse, drainage channel, stream, or other body of water traverses a subdivision, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed, or anticipated storm water drainage through and from the subdivision, shall be made. The width of the easement shall be dependent on the area of land drained by the watercourse, and wide enough to allow access for construction and maintenance equipment. 7.10.05 Screen-planting easement(s) may be required in accordance with the Landscape Ordinance. If said easement is to also be used for public utilities, only such plant materials that have an ultimate growth not exceeding fifteen(15') feet shall be used. SECTION 8.00—REQUIRED IMPROVEMENTS 8.01 IMPROVEMENT REQUIREMENTS PRIOR TO FILING FINAL PLAT 8.01.01 Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Plan Commission, Director of Public Works, and the City Engineer, and upon approval of the appropriate agencies as evidenced by State and County permits, where required, the subdivider shall construct and install the required subdivision improvements prior to filing the Final Plat with the Plan Commission for final approval. If construction does not begin within four (4) years of Final Plan approval, the subdivider may be required to revise the plan to comply with new City requirements. 8.02 SUBDIVISION SECURITIES 8.02.01 In lieu of construction on 8.01 above, the subdivider shall post with the City of Yorkville, a construction guarantee in the form of an Irrevocable Letter of Credit or irrevocable bond,payable to the United City of Yorkville, sufficient to cover the full cost, plus ten (10) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer,to assure the satisfactory installation of required improvements as outlined in this Section, and contained in the approved plans and specifications. A Surety shall issue the Bond or Letter of Credit posted or Bank recognized by the State of Illinois, and approved by the City Attorney, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard Bond Form or Letter of Credit Form used by the City of Yorkville. Construction guarantee shall not be reduced to below fifteen(15%)percent of the approved engineer's estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one year. Subsequent renewals of the construction guarantee shall also be for a period of at least one year. 18 Yorkville Subdivision Control Ordinance 8.03 CONSTRUCTION WARRANTY 8.03.01 The subdivision irrevocable bond or Letter of Credit shall be released after an appropriate City Council Resolution accepting the improvements for public ownership. This subdivision Letter of Credit will not be released until a one-year Maintenance Bond or Letter of Credit is posted with the City Clerk for ten (10) percent of the Land Improvement cost, to ensure that any and all improvements will properly function as designed, with no defects after the City Council formal acceptance. 8.04 PROCEDURE 8.04.01 Not more than ten(10)months after Preliminary Plan approval, four(4) copies of the proposed final plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and Subdivision Bond or Letter of Credit, shall be filed with the City Engineer,and shall provide all necessary information for the following, as applicable: 1. Streets; 2. Curbs and gutter; 3. Storm drainage, including storm sewers and storm water detention, building storm drains (footings,roof, etc); 4. Comprehensive drainage plan,including grades of surface drainage ways; 5. Sanitary sewerage system; 6. Water supply and distribution; 7. Public utility locations; 8. Street lights; 9. Sidewalks 10. Street signs,guard rails,and other special requirements; 11. Parkway trees; and 12. Payment in full of all City fees. 8.05 CONSTRUCTION AND INSPECTION 8.05.01 Written notice to proceed shall be obtained from the City Engineer prior to beginning any work covered by the approved plans and specifications for the above improvements. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently-existing road, and work must proceed in accordance with construction methods of Sections 8.05 through Section 8.16, and the City's Standard Specifications for Improvements. 8.05.02 Construction of all improvements required by this Ordinance must be completed within two years from the date of approval of the Final Plat, unless good cause can be shown for granting an extension of time. 8.05.03 The sub-divider shall pay all expenses incurred by the City of Yorkville to provide field inspections and testing of all construction work and materials before,during, and after construction. 8.05.04 On-street parking during build-out of the development shall be limited to one side only of all streets. In general,parking will not be allowed on the side of the street where fire hydrants are located. The developer shall post signage, as required by the Yorkville Police Department. 8.05.05 Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public right-of-ways at any time,without exception. 19 Yorkville Subdivision Control Ordinance 8.06 AS-BUILT PLANS 8.06.01 After completion of all public improvements,and prior to final acceptance of said improvements,the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois Registered Professional Engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision Bond or Letter or Credit, assuring their completion. The coordinate system for As-Built drawings shall be NAD27 Illinois State Planes,East Zone,US Foot(IL-E). The "as-built"plans shall be submitted on reproducible Mylar, and also on computer diskette in a format acceptable to the City. 8.07 SURVEY MONUMENTS 8.07.01 Permanent and any other monuments required in this Ordinance shall be installed prior to the approval of the Final Plat 8.08 ACCEPTANCE OF DEDICATION,IMPROVEMENTS 8.08.01 Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance. 8.08.02 Approval of the Final Plat shall be dependent upon presentation of proof of responsibility for the maintenance of all community improvements. 8.08.03 All public improvements shall be accepted only by Resolution of the City Council, after a formal Petition for approval has been submitted by the subdivider to the City Clerk. Such Petition shall be filed after completion of the public improvements. The City Engineer and the Director of Public Works shall, within thirty (30) days from receipt of such Petition, make recommendations is report form to the City Council. All Petitions shall be acted upon by the City Council within thirty- (30) days from receipt of such recommendations of the City Engineer and Director of Public Works. A Maintenance bond will then be required in the amount of ten (10) percent of the cost of the Land Improvements,as specified in this Ordinance,after City Council acceptance. 8.09 STREETS 8.09.01 Street improvements shall be installed by the developer, shall be in accordance with the table of minimum standards herein, and in accordance with the City's Standard Specifications for Improvements. Right-of-ways at intersections shall have a twenty-five (25) foot radius or chord where right-of-way lines intersect. 8.10 SIDEWALKS 8.10.01 Concrete sidewalks shall be installed by the developer within all subdivisions, on both sides of the street or roadway, to a minimum width of five (5) feet, as specified in the City's Standard Specifications for Improvements. 8.11 STREET LIGHTING 8.11.01 A complete, functioning street light system shall be installed by the developer, at his expense, in all subdivisions as specified in the City's Standard Specifications for Improvements. 20 Yorkville Subdivision Control Ordinance 8.12 SIGNAGE. GUARD RAILS,AND LANDSCAPING 8.12.01 Street signs of the quantity and type approved by the Director of Public Works shall be installed at each intersection, and shall indicate the street names as shown on the Final Plat. The City shall order and install the street name signs. The subdivider shall reimburse the City for said cost. The subdivider shall also supply and install regulatory and warning signs, as directed by the Yorkville Police Department 8.12.02 Steel plate beam guardrails shall be placed along the shoulder of any street,where street construction has resulted in an embankment greater than six(6)feet in height. 8.12.03 All areas of street right-of-way that are not paved shall be seeded or sodded. Provisions shall be made to assure the growth of all landscaping. 8.12.04 All improvements herein shall be as specified in the City's Standard Specifications for Improvements. 8.13 STORM WATER DRAINAGE 8.13.01 Surface water drainage improvements consisting of storm sewers and/or open channels, inlets, catch basins, manholes, and/or detention facilities, shall be designed and constructed to adequately drain the area being developed, and also all of such other areas that naturally drain through the area being developed. 8.13.02 If the surface water drainage will be changed by the construction of the subdivision, adequate provision shall be made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and such surface waters shall not be deposited on the property of adjoining land owners,in such a manner as to cause erosion or other damage. 8.13.03 Designed planning of surface water drainage facilities shall be performed by, or under the supervision of, a Professional Engineer, registered in the State of Illinois. The storm water drainage system shall be as specified in the City's Standard Specifications for Improvements. 8.13.04 It will be the homeowner's responsibility to maintain any drainage course across his property, and to keep it free from features that restrict natural drainage. 8.14 SANITARY SEWER SYSTEM 8.14.01 All subdivisions and units. therein shall be required to provide connection to the sanitary sewer system, including required sewer extensions off-site,to the sizes and depths as required by the City. The sanitary sewers shall be extended to the far boundaries of the development, as directed by the City. All costs of these improvements will be borne by the developer. The sanitary sewer system shall be as specified in the City's Standard Specifications for Improvements. 8.15 WATER SYSTEM 8.15.01 All subdivisions and units therein shall be required to provide connection to the United City of Yorkville's public water supply system, including required water main extensions off-site, to the sizes required by the City, and all costs shall be borne by the developer. All developments must provide a looped, double-fed water system, and extensions to the boundaries of the development, as directed by the City, shall also be included in the water system, to be funded by the developer. The water system shall be as specified in the City's Standard Specifications for Improvements. 21 Yorkville Subdivision Control Ordinance 8.16 OVERSIZING OF UTILITIES 8.16.01 When, in any subdivision, now within the City, or within one and one-half(1 'A) miles of the City limits, which normally would require a certain size water main, sanitary sewer, and/or storm sewer, but which for the purpose of complying with the plan of development of the City's Comprehensive Plan, to provide adequate utilities, not only to the particular subdivision, but also to subdivisions which in the future may become a part of the City, and where the City Engineer and the Director of Public Works have determined that water and/or sewer mains of a larger diameter are required,then the City Engineer or the Director of Public Works shall inform the subdivider, builders, and developers of the subdivision by a written notice of that fact, and require them to install such oversized utilities and at the same time,in said notice,inform them of the size(s)to be installed. 8.16.02 Watermain shall be considered oversized if it is larger than the size needed to supply the required fire flows of the development, not the minimum pipe size allowed by ordinance. The required fire flow rate for all residential areas shall be 1500 gpm. The required fire flow rate for commercial and industrial areas shall be 3250 gpm. The required fire flow rate within five hundred feet of a school site shall be 3375 gpm. 8.16.03 Upon being so notified as provided for in this section, no subdivider, builder, or developer shall install any utility in such subdivision of any size other than that specified to him by the aforesaid notice. 8.16.04 At such time as the installation of said oversized utilities shall have been completed in accordance with the plans and specifications submitted to the City of such installation, and also in accordance with the notice specified in this Section, and all such installations shall have been inspected and approved by the City as provided for by the Ordinances of the City of Yorkville, then the City may enter into an agreement to allow the developer to recover the difference of the cost at current prices, as of the time of said installation,between the development's required utilities which were originally planned to be used, and the cost of the oversized utilities which the City directed to be used. Said agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees to the developer,or some other consideration as may be approved by the City Council. SECTION 9.00—ADMINISTRATION 9.01 BUILDING PERMIT 9.01.01 No building permit shall be issued for the construction of any building, structure, or improvement to the land, or any lot within a subdivision as defined herein, which has been approved for platting or re-platting,until all requirements of this Ordinance have been fully complied with. In no case will a building permit be issued until all fees have been paid, a grading plan approved, an "all-weather" road in place to serve this property, along with functioning drainage facilities, water system, and sanitary sewer system. Exceptions may be made for model home units. 9.02 CER111FICATE OF OCCUPANCY 9.02.01 A certificate of occupancy may be issued for the use of any structure within a subdivision approved for platting or re-platting provided that all required utilities have been installed and are capable of servicing the subdivision, all roadways have the bituminous binder laid, and mutual agreement between the City Engineer and the Building Code Official has transpired. The final grading plan must be submitted and approved prior to a Certificate of Occupancy. 22 Yorkville Subdivision Control Ordinance 9.03 VARIATIONS 9.03.01 Where the Zoning Board of Appeals finds that extraordinary hardships or particular difficulties may result from the strict compliance with the Orrlinance, the Zoning Board of Appeals is hereby empowered to consider such matters after receiving written application from the subdivider. If applicable, the Zoning Board of Appeals may recommend, in writing,to the City Council,variations or exceptions to the regulations, subject to specified conditions, so that substantial justice may be done and the public interest secured, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this Ordinance or the Comprehensive Plan. 9.03.02 The standards and requirements of the Ordinance may be modified in the case of large-scale developments when the Zoning Board of Appeals finds that a plan and program for a new village, complete community, shopping center, industrial park, or neighborhood unit provides adequate public open spaces and improvements for circulation, recreation, and service needs of the tract when fully developed, and which also provides such covenants or other legal provisions to assure conformity and achievement of the plan. 9.03.03 The Zoning Board of Appeals shall not recommend variations or exceptions to the regulations of this Ordinance unless it shall make findings based upon the evidence presented in each specific case,that: 1. Due to the particular physical surroundings, shape, or topography conditions of the specific property involved,a particular hardship to the owner would result,as distinguished from a mere inconvenience,if the strict letter of the regulations was carried out; 2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other properties within the same zoning classification; 3. The alleged hardship was not created by any person presently having an interest in the property; 4. The granting of the variation will not be detrimental to the public safety, health, welfare, or interest to other properties or improvements in the neighborhood in which the property is located. 9.03.04 Variation requests that affect surrounding properties under the circumstances below shall not be approved: 1. impairment of an adequate supply of light and air to adjacent properties; 2. Substantial increase in the traffic congestion in public streets; 3. Increase the danger of fire; 4. Endanger the public safety; 5. Significantly diminish or impair property values within the neighborhood; or 6. Noncompliance with the spirit of intent of the restrictions imposed by the Zoning Ordinance. SECTION 10.00—AMENDMENT 10.01 INITIATION OF AMENDMENT 10.01.01 The Mayor and City Council,the Plan Commission,the Zoning Board of Appeals, or any resident of the City of Yorkville, or any person residing within 1' miles of the corporate limits of the City,may propose amendments. 23 Yorkville Subdivision Control Ordinance 10.02 PROCESSING APPLICATION FOR AMENDMENT 10.02.01 An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Plan Commission, and shall include a statement, in writing, by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 10.02.02 Publication: The City Clerk shall cause a notice of time, place, and purpose of such hearing to be published in a newspaper published within the City of Yorkville,not more than thirty (30) days nor less than fifteen(15)days in advance of such hearing. 10.02.03 Hearing on Application: Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one public hearing on the proposed amendment However, the Plan Commission may continue from time to time the hearing without further notice being published. 10.02.04 Findings of Fact and Recommendation of the Plan Commission: Within forty-five (45) days after the close of the hearing on a proposed amendment,the Plan Commission shall make written findings of fact,and shall submit same,together with its recommendations to the Mayor and City Council. 10.03 DECISIONS 10.03.01 The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes, or may refer to the Plan Commission for further consideration. 10.03.02 If a recommendation submitted by the plan Commission to the City Council for a proposed amendment is not acted upon by the City Council within forty-five(45) days of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been approved. SECTION 11.00—FEE SCHEDULE • 11.01 LAND CASH CONTRIBUTIONS 11.01.01 Sub-dividers shall comply with any School and/or Park Land-Cash Ordinance in effect at the time of Final Plat approval. The City may require that all or part of the park cash contribution be paid prior to recording any Final Plat of Subdivision of a development. 11.02 FEES 11.02.01 Before the Plan Commission approves the Final Plat, the subdivider shall pay to the United City of Yorkville, all fees, reimbursements, and/or deposits due at that time for any of the Subdividers' developments in the city. 24 Yorkville Subdivision Control Ordinance SECTION 12.00—VIOLATION,PENALTY,ENFORCEMENT 12.00.01 Any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this Ordinance shall be fined not less than fifty dollars ($50.00), nor more than two hundred dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 12.00.02 The City Engineer is hereby designated and authorized to enforce this Ordinance. However, it shall also be the duty of all officers, citizens, and employees of the City,particularly of all members of the Engineering, Police, and Public Works Departments, to assist the City Engineer in reporting to him any new construction,reconstruction, improved land uses,or upon any apparent violation. SECTION 13.00—REPEALER 13.00.01 All Ordinances or parts thereof conflicting with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 14.00—SEVERABILITY 14.00.01 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any 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 proportions hereof 25 Yorkville Subdivision Control Ordinance SECTION 15.00—EFFECTIVE DATE 15.01 This Ordinance shall be in full force and effect form and after its due passage, approval, and publication,as provided by law. Passed and approved by the Mayor of the United City of Yorkville,Kendall County,Illinois, This day of ,20-_ Mayor Passed and approved by the City Council of the United City of Yorkville,Kendall County,Illinois, This day of ,20- ATTEST: City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURR LARRY KOT MARTY MUNNS PAUL JAMES JOE BESCO ROSE SPEARS 26 Exhibit 1 RESOLUTION FOR THE UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS Resolution No. These Standards apply to all infrastructure improvements, and may be modified as needed upon the advice of the City Engineer for special identified situations or conditions. All contractors shall give the City Engineer's office a minimum 48-hour notice of all work and of all required approvals. Failure to obtain these required approvals will require extensive testing, removal and replacement, and a ban for a minimum of one year, from working on the City's right-of-way. Subdividers that have been unfaithful in previous City agreements or developments, or who owe the City payments, will not be allowed to have work performed for them within the public right-of-way. Resident engineering inspection shall be provided through the City Engineer's office, and all such costs shall be charged to the developer by the United City of Yorkville. Required written approvals will not be given until outstanding bills are paid in full. The developer's improvement Letter of Credit or other subdivision securities will also be liable for all such costs. The developer shall be responsible for layout and staking engineering, as well as for record drawings by a registered Professional Engineer. These Specifications for Improvements shall become a part of each and every project approved by the United City of Yorkville, and no other specifications will take precedence. All improvements included in the United City of Yorkville's Standard Specifications for Improvements, unless noted herein, shall conform to the latest editions of the State of Illinois "Standard Specifications for Road and bridge Construction", the "Manual on Uniform Traffic Control Devices", and all amendments thereto. These documents shall be considered as included within the City of Yorkville Standard Specifications for Improvements, and in the case of a conflict of requirements, the most stringent shall apply. Prior to starting construction of any project,the developer shall attend a pre-construction meeting and bring a representative from each contractor, a list of all contact persons that can be reached at any time, and a complete schedule of all work to be performed. No work is to start until the City Engineer and the City Administrator have approved the engineering plans, and the pre-construction meeting has been held. The City Engineer must approve any changes to the approved plans in writing. The City Engineer or a representative will, upon discovery of improper material or installation practices, issue a written document to the contractor, stating that failure to stop and correct such deficiencies will result in the City's refusal to accept such improvements or to issue any further building permits,or to perform required inspections. The subdivider shall obtain and keep in force insurance coverage for Worker's Compensation, and Employer's Liability, Commercial General Liability, Commercial Automobile Liability, and Umbrella Liability, as described in IDOT's"Standard Specifications for Road and Bridge Construction".. The United City of Yorkville shall be named as an additional insured. The insurance coverage shall remain in effect until the City accepts the entire development. The City will not consider acceptance of the public improvements in a development until it is at least fifty (50)percent built out, or three years after the roadway binder course is paved, whichever is sooner. Blasting will not be allowed. June 21,2004 Standard Specifications for Improvements ROADS All roadways shall conform to the Illinois Department of Transportation (hereinafter termed IDOT) "Standard Specifications for Road and Bridge Construction", unless modified herein. Horizontal and vertical geometric for right-of-ways and roadways shall conform to the City Standards, listed in Figure 2. Surface course must not be placed until at least seventy- (70%) percent of the adjacent, private improvements are in place. However, in no case shall the surface course be placed until the binder course has been in place for at least one full winter season. In no case shall the surface course be delayed more than three(3)years after the binder course has been installed. The subgrade shall be graded and compacted to a hard, uniform surface, matching the slopes of the surface course. It shall have no rutting and shall completely drain to the outer edges. It shall be proof rolled by the contractor with a fully loaded(gravel) 10-cubic yard dump truck and witnessed by and approved in writing by the City Engineer's representative (hereafter termed City Engineer) before proceeding to build the roadway. All unsuitable subgrade shall be removed and replaced with compacted, stable clay material or shall be replaced with compacted CA6 limestone on an approved, non-woven roadway fabric (6.5 oz. minimum). Other geo-grids may be required for certain conditions. All bituminous mixtures shall be delivered and handled so that the bituminous mixture immediately behind the paver screen is at or above 270 degrees F. All asphalt delivered to the project shall be covered when the temperature is at or below 70 degrees F. All subgrades, other than approved granular subgrades, shall be completely covered with a subgrade fabric (Amoco 4551 or approved equal), with a full 18 inches of overlap. Subgrade Fabric shall also be used on lime-stabilized sub grades. It shall be placed neat and tight, without wrinkles, tears, or defects. Construction equipment shall not be allowed to drive on the fabric until it has a minimum of four inches cover of granular base material. The City Engineer shall approve in writing the subgrade fabric installation prior to placing base material. The subgrade fabric shall extend a minimum of twelve inches beyond the back of each curb. In areas where undercutting of the subgrade is required, the bottom of the excavation shall be lined with a woven geotextile(Amoco 2002 or approved equal), and backfilled with CA-3 aggregate. The aggregate base course shall be compacted to a minimum of 95%Modified Proctor and shall be free of all dirt and debris. The course shall be proof rolled, as described above, and witnessed by and approved in writing by the City Engineer before proceeding to build the roadway. A bituminous prime coat shall be applied to the aggregate base course prior to paving. The bituminous concrete binder course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing a good-quality, properly-functioning, tracked or wheeled asphalt laying machine, utilizing fully-automatic, electronic sensing control from a stringline for the initial course, and from a minimum fifteen(15') foot ski for all other lifts. The bituminous binder course shall be proof rolled as described above, and witnessed by, and approved in writing, by the City Engineer before proceeding with the surface course. All repairs must be made as directed by the City Engineer. All bituminous pavement patches shall be at least fifty(50%)percent thicker than the pavement being patched. Also, the binder course shall be bump tested by the contractor, and witnessed by the City Engineer, and all areas exceeding one-half inch (1/2") bumps, including header joints and any patch joints, shall receive a leveling course prior to surfacing. Areas of excessive patching will automatically receive a level course prior to surfacing. Prior to any leveling course or surface course, the streets shall be flushed clean and free of all dirt and debris. A bituminous tack coat will be required. Minimum temperature requirements for laying asphalt will be 5 degrees F higher than that allowed by IDOT specifications. S-2 Standard Specifications for Improvements The bituminous concrete surface course shall be placed only upon the written approval of the City Engineer. All asphalt must be laid utilizing good-quality,properly functioning, tracked or wheeled asphalt laying machine, utilizing fully automatic, electronic sensing control from a minimum 15-foot ski. The surface course shall be bump tested by the contractor, and witnessed by the City Engineer. All bump test penalties specified by IDOT specifications shall be quadrupled, and areas that have an excessive amount of one-half inch (1/2") bumps shall be completely removed and replaced, not just the bump itself. Minimum temperature requirements for laying bituminous surface course will be five (5) degrees F higher than that allowed by IDOT specifications. The surface elevation of the asphalt at the concrete gutter shall be 1/4 inch higher than that of the adjacent concrete. All streets shall have a cross slope of 2% from the centerline to the concrete curb. Areas of segregated binder course and/or surface course shall be removed and replaced at the direction of the City Engineer. Segregated asphalt is the uneven distribution of course and fine materials in the asphalt characterized by pavement textures different from the surrounding material, and can usually be seen by the naked eye. Pavements constructed from Portland Cement Concrete shall be designed in conformance with American Concrete Pavement Association Publications IS 184P and IS 061P, as amended. Combination concrete curb and gutter will be required on all roadways. All curb and gutter shall be placed on an aggregate base with a minimum thickness of four inches, but in no case shall the curb and gutter subgrade be higher than one inch below the adjacent roadway subgrade. The height of the gutter flag shall be ten (10") inches, unless directed otherwise by the City Engineer. As noted previously, the roadway subgrade fabric will extend over the curb and gutter subgrade, and beyond by a minimum of twelve (12") inches. The concrete curb and gutter shall be reinforced with two #4 deformed bars, placed three (3") inches from the bottom, spaced twelve(12") inches apart, centered on the total width of the curb and gutter. Machine-placed concrete curb and gutter is to be utilized wherever practical, utilizing a minimum Class X concrete, and a five (5%) percent minimum air-entrainment. Plastizers will be allowed, but chlorides will not. An approved spray-on curing compound with red fugitive coloring shall be applied immediately after finishing, and a sealer, WR Meadows TIAC, or approved equal, shall be applied after seven days. The resident engineer shall be notified of these applications, and proof of purchase, with material specifications, will be required. The concrete curb and gutter shall have the required slip bar expansion joints, and 3/4 inch deep sawed contraction joints will be required every 15-20 feet, within 24 hours after each pour. Minor honeycombing on the two outer, vertical surfaces will be allowed,but they must be patched in an approved manner, and witnessed by the City Engineer,prior to backfilling. The clay backfill behind the curb shall be placed and compacted prior to placing aggregate base course. Roadway extensions and stubs will be required as part of the development, with full improvements where needed, for future growth. Additional lanes, access improvements, traffic signalization, etc., may be required, at the developer's expense. The developer shall reimburse the City for two of each street name and regulatory signs and posts required, and the City will install them. All signs shall be high-intensity, as approved by the Director of Public Works. All pavement markings shall be thermoplastic. The developer shall reimburse the City for the cost of replacing any signs that are missing, stolen, or damaged prior to final acceptance. The developer, to comply with these Standard Specifications for Improvements, shall improve existing roadways running through,or adjacent to,the development. S-3 Standard Specifications for Improvements Half-streets are discouraged, but where they are necessary, on advice of the City Engineer, the minimum width street will be twenty-four (24') feet from the edge of pavement to the back of curb, on the development side of the roadway. Street lighting, sidewalk, and landscaping on the development side will be required. Temporary tee tum-arounds will be required on all streets stubbed for future roadway extension, as recommended by the City Engineer, and shown on the Final Plat. Paving for the tee will extend from right-of-way line to right-of-way line, to a length of fifteen (15') feet, and two radii of fifteen (15') feet. The pavement beyond the road edge shall be three (3") inches of bituminous concrete surface course, on a ten- (10") inch CA6 aggregate-compacted base, with pavement fabric. Concrete curb and gutter will not be required around the tee, and sidewalk will not required through the tee. The developer extending the street in the future shall remove the excess paving and base, place topsoil, and seed the area disturbed, construct the additional curbing so that the curb and gutter is continuous and uninterrupted from one development to another, and resurface for a distance of thirty (30') feet, including header joints, as approved by the City Engineer. When a development includes construction along State and County highways, or other heavily traveled road, the developer shall post advance-warning signs. The developer shall consult with the Yorkville Police Department concerning the types and locations of signs, and shall obtain a permit from the appropriate jurisdictional agency prior to erecting the signage. The City may require the roadway design to include traffic-calming measures. These measures may include, but not be limited to, curvilinear roadway layout, landscaping beyond the requirements of the Landscape Ordinance, traffic tables, and fog lines. If a development includes the construction or modifications of traffic signals, the new signals shall be designed to have light-emitting diode (LED) lights. The traffic signal shall also have a battery backup device. All new roadways shall be designed in accordance with IDOT Circular 95-11, or the most recently adopted DOT standard for the design of flexible and full-depth bituminous pavements. The following minimum design criteria shall be used when applying the design method: Design period=20 years Class II Roadway Traffic Factor Equations for 80,000 lb. Vehicles 2.0%traffic growth rate AC viscosity of AC-20 Subgrade Support Rating of Fair Local Residential Roadways Local Residential Roadways are intended to carry an average daily traffic (ADT)volume of less than 1000. The right-of-way width shall be 66 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be 10 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of thirty feet from back of curb to back of curb (B-B). The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Estate Residential Roadways Estate Residential Roadways are intended to carry an average daily traffic (ADT)volume of less than 1000. The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 2.5 inches in thickness. The aggregate stone base shall be ten inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadway surface shall be 28 feet wide with two 12.5-foot wide through-lanes. The lane edges shall be striped with a four-inch thermoplastic pavement marking. The roadway up to and including the aggregate stone base shall be 32 feet wide to provide a 2-foot wide aggregate shoulder (nominal thickness of at least 12 inches), and also to allow for future widening. Mailbox turnouts will be paved,using driveway specifications to determine thickness. S-4 Standard Specifications for Improvements Minor Collector Roadways Minor Collector Roadways are intended to carry 1000-2500 ADT. The right-of-way width shall be 70 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. .The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 34 feet B-B. The street radius for all intersecting streets shall be a minimum of thirty feet to the back of curb. Minor collector roadways may provide direct access to adjacent private lots. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Collector Roadways and Commercial/Industrial Roadways Collector Roadways are intended to carry 2500-12,000 ADT. The right-of-way width shall be 80 feet. These design standards shall also apply to all roadways directly serving commercial or industrial zoned areas. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of 4.5 inches in thickness. The aggregate stone base shall be 12 inches in thickness of clean, crushed CA-6 gradation gravel or limestone. The roadways shall be bound with B-6.12 combination concrete curb and gutter to a width of 39 feet B-B. The street radius for all intersecting streets shall be a minimum of 40 feet to the back of curb. Collector roadways shall not provide direct access to adjacent lots in residential-zoned areas. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. Major Collector Roadways Major Collector Roadways are intended to carry more than 12,000 ADT. The right-of-way width shall be 100 feet. The bituminous concrete surface course shall be a minimum of 1.5 inches in thickness of Class "I" Superpave mixture. The bituminous concrete binder course shall be a minimum of six inches in thickness (2 lifts required). The aggregate stone base shall be 16 inches in thickness of clean, crushed CA- 6 gradation gravel or limestone. The roadways shall be bound with B-7.18 combination concrete curb and gutter to a width of 51 feet (four 12-foot lanes)B-B. The City Engineer may require an additional 12-foot center turn lane, as deemed appropriate. The street radius for all intersecting streets shall be a minimum of 50 feet to the back of curb. The edge of pavement shall be cleaned and sealed with rubberized asphalt cement hot-poured joint sealer. An alternative bituminous base course may be approved by the City Engineer, and B6-18 or B6-24 combination concrete curb and gutter may be required,based upon specific site drainage needs. Boulevards Boulevard-style roadways shall have a minimum width of 28 feet B-B for approaches to intersections. The minimum pavement width in other areas shall be 20 feet B-B. SIDEWALK Non-reinforced, concrete sidewalks will be required on both sides of all roadways. They shall be a minimum of four (4') feet wide where four (4') feet wide walks now exist, and five (5') feet wide in all other locations. All sidewalks shall be five (5") inches in thickness. They will be a minimum of six (6") inches in thickness across driveway approaches. All sidewalks shall have an aggregate base of CA 7, with a minimum thickness of two inches (five inches across driveway approaches). All concrete shall be Class X,with a minimum of five (5%)percent air-entrainments. Sidewalks shall slope two (2%) percent towards the street. Approved curing and sealing compounds are required, as specified previously for concrete curb and gutter. The back of the sidewalk shall be placed twelve(12") inches from the right-of-way line,unless directed otherwise. The sidewalk shall have a light broom finish. Formed contraction joints are required, at a spacing of five (5') feet. Expansion joint material, one-half inch in thickness, and full-depth, shall be placed every 100 feet. The subgrade for the sidewalk shall be uniform, neat, and compacted to a minimum 90%modified proctor. S-5 Standard Specifications for Improvements Spalling or chips will not be allowed to be patched. All such areas will be removed from contraction joint to contraction joint, and replaced. All sidewalks will be in place prior to acceptance of the public improvements by the City, which includes in front of vacant lots. These areas must be protected during future construction. No sidewalks are required in Estate-residential subdivisions. However, in the event sidewalks are not provided, a paved trail that abuts every lot must be provided, that meets the City's standards, specifically a ten (10') foot width, with an exit and entrance identification, consisting of two (2") inches of asphalt on eight (8") inches of CA6 aggregate. Dedicated easements at least fifteen (15') feet wide must be provided for the trail. DRIVE APPROACHES Drive approaches must be constructed to one of the following: 1. Six inches, minimum of Class X concrete, with a minimum of five(5%) percent air-entrainment, over six inches minimum CA6 aggregate base over a 90%modified proctor compacted subgrade, with curing and sealing treatments, as specified above,under concrete curb and gutter. Expansion joint material, one-half (1/2") thick and full-depth, shall be installed at the curb and at the sidewalk. 2. Two inches, minimum of Class I bituminous concrete surface course, over a minimum base of eight (8") inches of CA6 aggregate over a 90% modified proctor compacted subgrade. The concrete sidewalk will be constructed through the drive approach, and any construction damage to the concrete sidewalk or curb will cause removal and replacement of those improvements. Drive approaches will not be constructed steeper than eight(8%)percent. 3. In Estate-residential subdivisions, all driveways must be paved with brick, asphalt, or concrete, and must have a concrete culvert with flared end sections. Culvert diameter shall be twelve (12") inches or greater, as required by the City. PARKWAYS AND PARK SITES All parkways, park sites, and other open spaces shall be landscaped and designed in accordance with the City of Yorkville's Landscape Ordinance and the Park Development Standards, as amended from time to time. • Any existing trees within a development deemed by the Parks Department and Public Works Department to be dead, dying, or of an undesirable species shall be removed by the developer. The developer shall not remove or cut down any trees without the prior consent of the Parks Department and Public Works Department, or as indicated in the approved landscape plan. STREET LIGHTING SYSTEM All streets shall have a complete street lighting system designed by a professional engineer. A street light will be required at all intersections, all curves, at all ends of cul-de-sacs, and at a maximum spacing of 300 feet. In Estate-residential subdivisions, street lights shall be required at intersections, and at a maximum spacing of 500 feet, with lights also placed at curves and a he end of dead-end streets. The poles shall be concrete with butt-type foundations. The City Engineer may require a streetlight to be placed at other points, as may be necessary in the public interest in unusual or special conditions. They shall be located at side lot lines, and on theopposite side of the street from the water main,wherever possible, and shall be set two feet from back of curb to face of pole. Occupancy permits cannot be issued until all streetlights in that phase of the development are installed, complete, and operational. S-6 Standard Specifications for Improvements All exterior lighting of private property in new developments shall be designed, located, and mounted at heights no greater than twenty(20') feet above grade for non-cutoff lights, and forty- (40') feet above grade for cutoff lights. The lighting plan, photometrics, and shop drawings for lighting equipment shall be submitted prior to issuance of a building permit. Glare shall be minimized to the extent practical by orienting lights away from the public right-of-way and abutting properties, or by planting vegetation to provide screening. Exterior lighting shall be designed, located, and mounted so that the maximum illumination measured horizontally at the lot line does not exceed one (1') foot-candle. Light Distribution: Luminaries of the Type II distribution as approved by the Illuminating Engineering Society (herein termed IES) shall be used, except at intersections where Type II or Type IV LES distribution shall be used. The City Engineer may designate the IES Type V distribution luminaries be used in the public interest under unusual or special conditions. Individual Control: On individual control of lights, the photoelectric control shall be mounted on top of the luminare. • Line Drop: Voltage drop shall be no greater than three (3%) percent from power supply to the last pole, with no wire size smaller than No. Six (6) Type RHH or RHW Underground Service Cable (USC). All streetlights shall operate at 120 volts, except for those on major streets. Power Supply Location: Connection to the power supply shall be made to comply with Commonwealth Edison Company rules and regulations, as amended fro time to time. Conduit: All driveways, street, and sidewalk crossovers shall have two (2") inches of IID PVC conduit, used as raceways for underground cable. Underground Cable: All underground cable shall be direct-buried cable,placed at a depth at least thirty- (30") inches below the normal finished grade. Three cables (Black, White, Green) shall be run from the pole to the power supply. Any underground cable broken more than once prior to Final Acceptance shall be replaced from the power source to the pole or from pole to pole. Splices: All cable on the underground cable section shall be continuous, and no splicing shall be made underground. All necessary splices shall be made above ground level. Underground Cable Location: Underground cable shall be installed in a trench not less than two feet from the back of the curb, except that in no case shall the underground cable be installed under the sidewalk. Grounding: A copper-clad ground rod shall be placed at each pole. The rod shall be minimum 5/8-inch diameter,and ten(10') feet long. Fusing: All underground feeders shall be fused at or below their rated capacity. Each standard shall contain in-line fuse holders, with proper fusing in series with each underground conductor to protect the luminare located on that pole. Maintenance Prior to Acceptance: Once streetlights are operational, the Yorkville Public Works Department shall perform normal maintenance, even though the Yorkville City Council has not accepted the streetlight system. Normal maintenance consists of investigating the cause of an outage, and repairing it if the cause is a burned out lamp, fuse, or photocell. All other repairs shall be referred to the developer. The cost of performing normal maintenance prior to acceptance by the Yorkville City Council shall be paid from a"Streetlight Normal Maintenance" deposit established by the developer prior to recording the Final Plat. The deposit shall be $300.00 per pole, or other such amount, as may be determined by the Yorkville City Council, from time to time. If the deposit proves insufficient,the developer shall replenish the deposit within thirty- (30) days of written request by the City Engineer. The Yorkville City Council shall return any unused funds to the developer upon acceptance of the streetlight system. S-7 Standard Specifications for Improvements Streetlight Standard and Bracket: Local streets shall use 906 319-AD4, American Concrete Company pole and bracket, or approved equal. Luminare shall be mounted 19'9" above the street, shall have a four- (4') foot arm. The pole shall be buried a minimum of five(5') feet below grade and backfilled with crushed CA6 limestone, watered, and compacted around the butt of the pole. The bracket is to be furnished with the pole. The luminare shall be a General Electric Company No. M2RR1551N2AMS3F, or approved equal with the 1-1/4"side mount built-in ballast. The luminaries shall be fitted with General Electric Company"Lucalox" high-pressure sodium lamps LU 150/55/D, or approved equal, with GE Company ANSI specification "S55" high-pressure sodium ballasts (or approved equal) or American Electric 115 15-S-RN-120-R2-DA- 4B. Major Collector Streets: The lighting pole shall be Stress Crete E340-BPO-G, with Style 210 low rise tapered ah,minum davit, or approved equals. The davit outreach length shall be eight (8') feet. The luminare shall be mounted thirty- (30') feet above the street The pole shall have an embedment depth of five(5') feet, and be backfilled with CA 6 limestone. The streetlight system shall be operated through controller(s) in ground-mounted cabinets. The controller and luminare shall operate at 240 volts. The controller shall be housed in a pad-mounted Type NEMA 3R enclosure. The exterior of the cabinet shall have a bronze tone powder-coat finish. The approximate dimensions of the cabinet shall be 42"H x 36"W x l2"D. A Com Ed meter socket shall be provided on the exterior of the cabinet. The manufacturer or distributor shall guarantee streetlight standards, luminaries, ballast, lamps, and cables for their proper use,for one year, from the date of acceptance. Testing: The subdivider shall manually trigger the photocell in order to have each street light burn continuously for at least 48 hours. During this burn test, amperage readings shall be taken, and must be within ten(10%)percent of the connected load,based on equipment ratings_ Parking Lot Lighting: Parking lots in areas zoned Business, Residential, or Office-Research, shall be provided with lighting necessary to achieve a minimum average of 2.0 foot-candles, as measured across the entire parking lot, and a maximum of 1.0 foot-candles,as measured at the adjoining property lines. Parking lots in areas zoned Manufacturing shall have a minimum average lighting intensity of one foot-candles, per square foot. Lighting shall be designed to avoid casting direct light or glare onto adjacent residential property. STORM SEWER SYSTEM A complete storm sewer system shall be required, consisting of closed conduits to an approved storm water storage system. All storm sewers within the public right-of-way and easements parallel to and adjacent to public right-of-way shall be reinforced concrete pipe (RCP), with a twelve (12") inch minimum diameter. Storm sewers in rear yards and side yards may be high-density polyethylene (H.D.P.E.) of a manufacturer and design, to be approved by the City of Yorkville. All roadways will have a system of inlets/catch basins,tied directly to the storm sewer. These storm water collection locations will be on both sides of the street, with a maximum longitudinal flow interval of 300 feet. All such collection points will be an inlet except the last structure before entering a storm sewer main shall be a catch basin with a two-foot sump. Catch basins or open-lid structures shall not be located over the sewer main. All backfill is to be a CA7 aggregate. All storm sewer roadway crossings from structure to structure must be backfilled with CA7 - aggregate and completely encapsulated in an approved drainage fabric. In this manner, the curb subgrade, the storm crossings, and the inlets and catch basins create a roadway underdrain system for longer roadway life. The City may require that storm sewers be constructed along the centerline of individual roadways at certain locations. Those locations shall normally be limited to within 100 feet of the lowest sag vertical curve of a roadway. Where these locations occur within a horizontal curve of the roadway, storm manholes shall be placed at the centerline of individual roadways. S-8 Standard Specifications for Improvements If subgrade conditions are excessively sensitive to moisture or other special conditions, a capped, perforated, plastic underdrain may be required under the curb and gutter. All storm water conduits 12" diameter and larger shall be internally televised in color just prior to City acceptance, and shall be free of defects, sags, dirt, and debris. All non-RCP storm sewers shall also be mandrel tested (similar to sanitary sewer testing)just prior to City acceptance.All parking lots shall be drained internally, and directed by pipe to the storm sewer. Storm sewers shall extend to the limits of the development with proper sizing, as approved by the City Engineer,based upon current and future runoff conditions,to pick up and safely carry through the development any and all upstream bypass flows. All new homes with basements or crawl spaces shall have a direct,underground conduit to the storm sewer system. Fill-in lots in areas with no storm sewer within 500 feet shall not be required to have this direct connection. Minimum depth of cover for these lines shall be 30 inches. All discharges shall have an approved automatic diverter calve immediately outside the house and a check valve inside the house. Multiple collection lines of four inch and six inch HD PVC will be allowed by an approved design. Terminal and junction points shall be at two-foot diameter precast concrete inlets with open-lid castings. The pipe from the house shall be a 2" minimum HD PVC with cemented joints. The connection to the storm sewer shall be through a neat, tight fitting, bored hole into the concrete pipe. After insertion of the sump pump discharge pipe into the concrete storm sewer pipe, the joint shall be sealed with hydraulic cement. In no case shall thesump pump discharge pipe extend beyond the inner surface of the concrete storm sewer pipe. Connections,however, shall be into a structure wherever practical. Individual storm sewer services shall not be required in areas of the development where soil and ground water conditions indicate that sump pumps would run very infrequently. If the developer does not wish to install storm sewer services, he shall perform soil borings at regular intervals (300' to 400' grid typical) during the Final Plan preparation stage, to determine soil types and ground water elevations. Boring locations are subject to approval by the City. Each boring shall extend at least 20 feet below existing ground elevations and be referenced to the development benchmarks. If the boring logs show granular soil and also show ground water elevations at least five (5') feet below planned basement floor elevations, then individual storm sewer services shall not be required in that area of the development. During excavation of every basement in that area, the developer shall verify (with City representative present) that the granular soil and deep ground water conditions exist. If either condition is found not to exist at a building location, the developer shall construct a storm sewer service to that building, in conformance with these Standard Specifications. The design of the storm water collection system shall be for a ten (10) year storm, running just full. The only exception to this is where the receiving storm water system has less capacity and here the new system of conduits shall be designed for a five (5)year event,running just full. The minimum velocity shall be 2.5 fps and the maximum shall be 8 fps. The storm sewer pipe shall have a minimum cover of three (3') feet. Storm sewer manholes shall be five (5') feet internal diameter, constructed of reinforced concrete, and shall be placed at a maximum spacing of 500 feet. Storm sewer manholes may be four(4') feet internal diameter when the largest sewer entering/leaving the manhole is 18" diameter, and the orientation of sewers connecting to the manhole is such that there is at least 12" of precast wall between the openings provided for sewers. The use of adjusting rings is limited in height to eight (8") inches. Inlet and/or catch basin frames and grates shall be Neenah No. 3015, East Jordan No. 7010, or approved equal. Whenever possible, castings for curb drains shall have a fish logo to discourage dumping of oils, pesticides, and other inappropriate items into the storm sewer system. Where a continuous grade is carried across an inlet or catch basin casting, the open-vaned cover shall be used,Neenah No. R-32868V, East Jordan No. EV-7520, or approved equal. All manhole castings shall be Neenah No. R-1030, East Jordan No. 105123, and Type B cover, or approved equal. All type B covers shall have "City of Yorkville" and "Storm" cast into the top, and shall be concealed pickhole type. All • sections of the manholes shall be completely sealed and butyl rope, including the casting. Manholes shall no be allowed in the pavement, curb, gutter, or sidewalk. All flared end sections 15" or larger shall have grates. S-9 Standard Specifications for Improvements In Estate residential developments, a ditch shall be required on both sides of the street, and shall have a minimum profile slope of one (1%)percent(side slope 4:1 on the street side, and 3:1 on the lot side). For developments ten acres in size or larger, the developer may use computer-based methods to determine stormwater storage volumes. The specific method and parameters used in employing the method shall be subject to the approval of the City Engineer. For developments less than ten acres in size, the storm water storage system shall be designed utilizing a Modified Rational Method, as described below: 1. Q = (Cm) iA, where a run-off co-efficient or Ca is calculated for the site based upon actual proposed surface coverage. Cm then equals 1.25 times Ca. 2. The following run-off co-efficient shall be utilized as minimums: Surface • Grass .50 Asphalt/Concrete .98 Roof 1.00 Detention 1.00 3. The maximum release at the designated 100-year level is 0.15 cfs/acre. The City Engineer shall reduce this allowable release rate where the downstream accepting system is experiencing drainage problems such as the Elizabeth Street swale where all receiving discharges are limited to 0.10 cfs/acre. The outlet structure design shall address the two-year (0.04 cfs/acre) and the 25-year(0.08 cfs/acre) storm control, in addition to the 100-year event. 4. When depressional compensatory storage is provided by increasing the volume of a stormwater detention basin, the maximum allowable release rates of the basin shall be reduced, as directed by the City of Yorkville to approximate the pre-development release of the depressional area,and realize the full storage potential of the enlarged basin. 5. The minimum size restrictor shall be a four-inch by twelve-inch long HID PVC pipe. The design must be designed for easy maintenance and cleaning during a storm event. The discharge shall be directly to a downstream storm sewer if one is available within a reasonable distance. If not, the discharge will be to the surface, with approved energy dissipation and downstream erosion protection. 6. The rainfall intensities to be utilized are those established by the Illinois State Water Survey's Bulletin#70; as amended for the specific City of Yorkville area. In designating the required storm water storage volumes, the maximum value calculated using the various events should be utilized. See Figure 3 for a sample calculation. 7. The storm water storage areas must have containment for twelve inches of additional storm water storage, with an approved calculated overflow area at six inches above calculated 100- year elevation. This overflow shall have an erosion concrete curtain wall, with a minimum thickness of 8 inches, a minimum depth of three feet below grade, and a length to extend a minimum of four feet beyond the limits of the overflow on either end. This wall is not to be formed, but is to be trenched or excavated into natural soil, or into the compacted fill, and is to be finished flush to the ground. 8. Storm water storage areas shall be covered by an easement, including access thereto, such that should the owner not maintain said area as necessary, the City can cause such corrections and bill the owner, including any and all administrative costs. S-l0 Standard Specifications for Improvements 9. The engineering plans shall have a full sheet dedicated to the soil erosion and sedimentation control requirements for the development, including silt fencing, straw bales, drainage fabric, etc. Failure to properly maintain this system may result in major storm sewer cleaning within the site and in the offset storm system. The City reserves the right to place a hold on all building permits and inspections if the soil erosion and sedimentation control plan is not properly maintained. Keeping the streets clean is part of this plan, and failure to do so will result in these actions. The developer shall establish a Street Cleaning deposit with the City of Yorkville, in the amount of $5000.00. If the streets are not cleaned within 48 hours of a written request by the Director of Public Works, the City shall have the streets cleaned, and subtract that cost from the deposit. The developer shall replenish the deposit to the full amount if it falls to less than $1000.00. The Yorkville City Council shall return any unused portion of the deposit to the developer upon acceptance of the streets. 10. The developer shall establish basins onsite where concrete ready-mix trucks must wash out after delivering their load. Signs shall be posted at each entrance to the development to warn truck drivers of the requirement to wash out at specific sites, and notify them of the fine for non-compliance (up to $100.00 for each offense). Each entrance sign shall include a simplified map of the development, to show the locations of the washout basins in the development. A sign shall also be posted at each washout basin, to identify the site. The developer shall maintain all signs, basins, and appurtenances in good condition until the City accepts the public improvements. Washout basins shall be located outside of the public right-of-way,parks, and all public utility easements. They shall be located in relatively low-traffic areas, and be at least fifty- (50') feet from storm drains, open drainage facilities, and watercourses, unless approved otherwise by the City Engineer. Basins shall have a minimum twelve (12") inch thick CA-3 aggregate approach of sufficient width over a woven geotextile fabric, to reduce tracking of mud onto roadways. The washout area shall be contained by an earthen berm, and be at least ten (10') wide by ten(10')long. The maximum depth of a washout basin shall be three feet. When the volume of a washout basin is 75% full, the developer shall remove the hardened concrete and transport it to a legal landfill. Burying waste concrete onsite shall not be permitted. The developer shall incorporate the items necessary to comply with this requirement, as well as provisions for maintenance, onto the erosion and sediment control plan sheet. All signage, washout basins, and appurtenances shall be in place before the first building permit is issued. 11. The engineering plans shall have one or more full sheets dedicated to the Final Grading of the entire site. The minimum grade for all grass areas shall be two (2%) percent, except that swale areas may be at one (1%) percent if it is over an approved, piped underdrain. Slopes shall be shown with arrows at all locations from all break points. A grading plan on an 8-1/2" x 11"paper for the actual building must be submitted for each building permit submitted, and will become a part of the building permit. All top of foundation elevations will be a minimum of two (2') feet, and a maximum of three (3') feet above the street centerline elevation, measured at the center of the lot in question,unless the City Engineer directs otherwise, based on site-specific conditions. Drives must be at a minimum slope of two (2%) percent, and maximum slope of eight (8%) percent towards the curb flow line from the garage. When the forms for the foundation are ready to pour, a top of foundation elevation and location certification of a registered surveyor or engineer, as approved by the building inspector, is required prior to pouring the concrete into the forms. The tolerance here is 0.15 feet lower and 0.5 feet higher, and behind all applicable setback and easement lines. • S-l1 Standard Specifications for Improvements 12. Requests for an occupancy permit must include an as-built grading plan, signed and sealed by a registered land surveyor, showing the original, approved grades and slopes, along with the actual grades,just prior to the occupancy permit request. The actual grades must fall within a tolerance of 0.15 feet in order to receive an occupancy permit. Top soiling and seeding or sodding, if applicable, must be in place prior to the final grading plan. All City-incurred costs of reviewing these grading plans shall be the responsibility of the developer. Note that specific building codes, ordinances, and permitting procedures, which may be established by the United City of Yorkville, shall supersede these requirements. 13. General grading and landscaping of the storm water areas shall be designated according to the Park Development Standards, Landscape Ordinance, and these Standard Specifications. The City may require that storm water detention and retention facilities, as well as grading, landscaping, and stormwater collection systems, incorporate currently acknowledged Best Management Practices to improve storm water quality. These may include, but are not limited to, naturalized detention basins, bio-swales, low impact design standards, perforated storm sewer, designs that reduce the degree of connected impervious areas, designs that encourage infiltration of stormwater, etc. Wet ponds shall have a maximum allowable depth of two feet between the normal water level and the high water level corresponding to the Ten-Year Frequency Storm. The City may require wetland-type plantings and appropriate grading around the perimeter of wet ponds. The developer shall provide a soil report, prepared by a licensed professional engineer, to determine whether or not lake lining will be required. Vertical or nearly vertical edge treatment will require an approved method,allowing a child to easily climb out of the water. Storm sewers discharging to a stormwater basin shall be designed such that the sewer invert at the discharge point is no lower than 6"below the normal water level of the basin, and the top of sewer is no lower than the ten-year high water level of the basin. 14. Storm water storage basins shall operate independently of any watercourse or water body receiving the discharge from the basins. Bypass flows from upstream areas should bypass the storm water storage facility, where practical. The entire development shall be examined under the premise that all storm sewers are blocked and full when a 100-year event occurs, and the development can pass these flows without flooding homes. All overflows are to be contained within the right-of-way, or where absolutely necessary, through special drainage easements. All buildings shall have the lowest water entry a minimum of 18 inches above the elevations determined for this bypass situation. 15. Storm water detention shall not be required under the conditions listed below. The City reserves the right to require detention on any parcel of land if special circumstances exist, and to require that sewer be constructed as necessary,to carry away the storm water. a) Proposed development or re-development of the existing lots zoned single- family detached,or duplex residential, less than 2.5 acres in gross area. b) Proposed development or re-development of existing lots zoned other than single-family detached or duplex residential, that are less than 1.25 acres in gross area. S-12 Standard Specifications for Improvements WATER SYSTEM 1. All water mains shall be Class 52 ductile iron pipe, conforming to the latest specification requirements of ANSI A21.5.1. Mains shall be cement lined, in accordance with ANSI A21.4. Fittings shall conform to ANSI 21.10. Gate valves shall be resilient wedge type, • conforming to the latest revised requirements of AWWA specification C509. All water mains are to be polyethylene wrapped. Main line valves 10" diameter and larger are to be installed in a vault. Smaller main-line valves shall either be installed in a vault, or have a Trench Adapter valve box, similar to those used at fire hydrants. No vaults or valve boxes shall be in the pavement or sidewalk. 2. Water services up to 3" diameter shall be type "K" copper, conforming to the latest revised specification requirement of ASTM B88. Minimum size for residential units shall be one inch in diameter. Corporation stops shall be McDonald No. 4701, Mueller H-15000, or Ford F- 600. Curb stops shall be McDonald No. 6104, Mueller H-15154, or Ford B22-333m, with Minneapolis patter B-boxes, similar to McDonald N.5614 or Mueller H-10300. 3. Minneapolis type B-boxes shall be installed in the right-of-way, but not in the sidewalk or driveway. 4. Fire hydrants shall be one of the following: 1. Clow F-2545 (Medallion) 2. Mueller A-423 Super Centurian 3. Waterous WB-67-250 Hydrants shall have a 5-1/4"main valve assembly, one 4-1/2"pumper nozzle, and two 2-1/2" hose nozzles, with national standard threads, a national standard operating nut, and above ground break flange. The installation of the hydrant shall confoiiu to AWWA 600 standards. Auxiliary valve boxes shall either be Trench Adapter Model Six by American Flow Control, Clow F-2546 with F-2493 cover, or approved equal. For valve boxes other than those by American Flow Control, the box shall be attached to the hydrant barrel with grip arms, as manufactured by BLR Enterprises, or approved equal. 5. Inspections and Installation: All water mains shall be designed and installed in accordance with the Standard Specifications for Water Mains in Illinois. Upon completion, water mains shall be subjected to hydrostatic pressure test of 150-psi average for up to 4 hours. Allowable recovery shall conform to the Standard Specifications for Water& Sewer Main Construction in Illinois. The water operator in charge or person authorized by the water operator in charge shall be present during all testing. The developer shall use the pressure gauge supplied by the City for the test. 6. New water main shall be disinfected in accordance with AWWA standard C601. Water will be tested to assure that 50 mg/1 of CL2 is in disinfected water. Sampling shall be taken by water operator in charge or persons authorized by the water in charge. Water must pass two consecutive days of sampling tests by a state approved lab. 7. Water mains shall be minimum eight inches internal diameter, with a cover of five feet, six inches below finished grade. Watermain stubs to hydrants shall be at least six inches internal diameter. City water mains and hydrants shall be placed of the North and West sides of the streets, unless approved otherwise the City Engineer. Valves shall be installed each second consecutive hydrant, at intersecting lines, and other locations as required, such that a minimum number of services will be affected during a main isolation. S-13 Standard Specifications for Improvements Fire hydrants shall be installed throughout the subdivision at each intersection and at intervals not exceeding the requirements of two fire hydrants serving any point of any building, or 300 feet along the roadway, whichever is more stringent. Special conditions may dictate a closer spacing, as approved. Fire hydrants shall be located on the property line, except at corners, and shall be set two feet minimum and three feet maximum from the curb back to the face of the pumper nozzle. Where there is no curb and gutter, the face of the pumper nozzle shall be between 18 inches to 20 inches above finished grade line (sidewalk to curb). Base elbow of hydrant shall be properly thrust blocked, and shall be provided with clean, washed CA7 aggregate and polyethylene covering. All hydrants and any adjustment fittings shall receive one field coat of red paint, as recommended by the manufacturer, prior to final acceptance. 8. All tees, bends, fire hydrants, and valves shall be adequately blocked with pre-cast blocks and poured in place thrust blocking against undisturbed earth. 9.` Services shall be equipped with corporation stop,curb stop, and buffalo box. The buffalo box shall be set in the parkway, on the centerline of the property,approximately centered between the back of sidewalk and the adjacent right-of-way line. Service trenches beneath or within two feet of proposed driveways, sidewalks, or other pavements shall be backfilled full-depth with aggregate. Except as permitted below, the underground water service pipe and the building drain, or building sewer,shall be not less than ten feet apart horizontally, and shall be separated by undisturbed or compacted earth. The water service pipe may be placed in the same trench with the building drain and building sewer if the conditions listed below are met: A. Local conditions prevent a lateral separation of ten feet; B. The bottom of the water service pipe at all points shall be at least 18 inches above the top of the sewer line at its highest point. All water and sewer services must be inspected an approved by the building inspector prior to backfilling. C. The water service pipe shall be placed on a solid shelf, excavated at one side of • the common trench, and shall have no joints from the buffalo box to the water meter inside the house; and D. The material and joints of sewer and water service pipe shall be installed in such a manner, and shall posses the necessary strength and durability to prevent the escape of solids, liquids, and gasses there from under all known adverse conditions, such as corrosion, strains due to temperature changes, settlement, vibrations, and superimposed loads. 10. Depth of bury shall be 5'6" below finish grade. No joints will be allowed between the corporation stop and the curb stop. 11. All watermain shall be looped and double fed, and shall be extended to the far limits of the development, and in size appropriate for future development, as directed by the City Engineer. Recapture and over-sizing may be applicable. 12. The developer shall reimburse the City of Yorkville for the cost of water to fill and test new watermains, and also for the cost of laboratory tests after chlorination. The water cost shall be at the bulk rate charged by the City of Yorkville at that time. The volume of water shall be calculated as the volume of two and one-half times the lengths and diameters of new watermains. 13. Watermain proposed to cross existing city streets shall be constructed by directional boring. Open-cut construction shall not be allowed without consent from the Public Works Director. 14. Connections to existing watermains shall employ line stops to minimize the disruption of service to existing residents. S-14 Standard Specifications for Improvements SANITARY SEWER SYSTEM A complete sanitary sewer system is required for all new development. The minimum internal size of sanitary sewer main shall be eight inches in diameter. The top of the sewer main shall be a minimum of three feet lower than the lowest floor elevation at all service connection locations,but not less than eight feet below finished grade, wherever possible. Should the sewers serving a particular development not be deep enough to serve the basement, as noted above, then overhead plumbing will be required. However, all levels of the building must be served by gravity, with only the below-grade levels being served by a pump unit. The City Engineer may require that certain buildings not have subgrade levels due to special situations. The sanitary sewer shall be extended to the development's far extremes, as directed by the City Engineer, for proper and orderly growth. The city Engineer will also direct the sizing and grades for the sewer, so as to fit the overall plan for the City. The City strongly discourages the use of lift stations, but if the City Engineer approves the use of a public lift station, the following shall be required as a minimum: A. The pumps shall be submersible,with a back up pump and well-designed wet well. B. The station building shall be a brick structure with conventional-pitched roofing and paved access. The building shall comply with all International Building Code regulations, and shall be heated and ventilated. The subdivider shall follow normal building permit procedures, and pay the normal fees for construction of the lift station building. C. The unit will be equipped with a back-up power source,utilizing natural gas as a fuel, and can operate on manual or fully automatic mode, complete with a variable exercise mode. D. The motor control center shall have a solid-state duplex logic. Sewage level in the wet well shall be measured with a pressure transducer. A dial-out alarm system matching that currently in use in the City shall be provided. E. The City Engineer must approve any and all lift stations, and may require other improvements. F. There shall be good-quality noise control, and all electronic components shall be explosion- proof. G. Force mains shall be sized to carry the initial, intermediate, and ultimate flow rates from the tributary area, at a velocity of between 3.0 and 6.0 feet per second. Material shall be watermain quality Ductile Iron with polyethylene encasement. Gate valves in vaults shall be constructed in the force main at intervals not exceeding 600 feet, to allow quick isolation in the event of a leak. Blow-off valves in vaults shall be constructed at high points in the force main, and shall discharge to sanitary sewers, where possible. Force mains shall be tested at 150-psi for two hours, similar to watermain testing. H. The sub-divider shall maintain an inventory of each size and type fuse, relay, and other plug- in type devices used in the lift station motor control center, as recommended by the manufacturer. These items shall be housed in a wall mounted metal cabinet. The subdivider shall also supply a heavy-duty free standing metal shelf with not less than square feet of shelf space, and one(1) fire extinguisher rated for Type A,B, and C fires. I. The sub-divider shall provide start-up training to the Public Works Department personnel,and shall provide three sets of Operations and Maintenance Manuals for all equipment at the lift station. J. Underground conduit shall be heavy-wall PVC. S-15 Standard Specifications for Improvements • K. The exterior of the wet well shall be waterproofed. The City may require the wet well to have a minimum internal diameter of up to eight feet. Sewer construction cannot start until the Illinois Environmental Pollution Agency (IEPA) has notified the City Engineer that approvals have been secured. Sanitary sewer pipe shall be PVC plastic pipe, with a minimum SDR 26. All pipe and fittings shall be pressure rated in accordance with ASTM D-2241 and ASTM D-3139 (per AWWA C-900) for sizes 6-15 inches. Solvent joints are not permitted. All public sanitary sewers will be air and mandrel tested (7-point minimum) by the developer, at his expense, under the supervision of the City Engineer. One copy of the report shall be . forwarded to the Yorkville-Bristol Sanitary District, and one report shall be forwarded to the City Engineer. All testing will be done in conformance with the "Standard Specifications For Water and Sewer Main Construction in Illinois",current edition. All public sanitary sewers shall be internally televised in color and recorded on videotape and written log by the developer, at his expense, under the supervision of the City Engineer, to ensure that the sewers are straight,unbroken, tight, and flawless. There must be good-quality lighting for a sharp and clear image of all sewer segments. Poor quality images will result in re-televising the system, at the developer's expense. The videotape must clearly mark the segment being televised through manhole numbering, and the image must clearly identify the footage as it progresses through the pipe. One copy of the complete videotapes and written log shall be forwarded to the Yorkville-Bristol Sanitary District,and one complete set shall be forwarded to the City Engineer. All manholes will be required to be internally vacuum tested by the developer, at his expense, under the supervision of the Engineer. This test will check the integrity of the complete structure, from the invert to the casting, including all adjusting rings. One copy of the test results shall be forwarded to the Yorkville-Bristol Sanitary District, and one copy shall be forwarded to the City Engineer. Vacuum testing of each manhole shall be carried out immediately after assembly backfilling, and rough grading, and shall be witnessed and approved by the City Engineer. All lift holes shall be plugged with an approved non-shrinking grout No grout will be placed in the horizontal joints before testing. All pipes entering the manhole shall be plugged, taking care to securely brace the plugs from being drawn into the manhole. The test head shall be placed at the inside of the top of the casting and the seal inflated in accordance with the manufacturer's recommendations. A vacuum of ten inches of mercury shall be drawn and the vacuum pump shut off. With the valve closed, the time shall be measured for the vacuum to drop to nine inches. The manhole shall pass if the time is greater than 60 seconds for a 48-inch diameter manhole, 75 seconds for a 60-inch manhole, and 90 seconds for a 72-inch manhole. All manhole castings shall be Neenah No. R-1030 frame,East Jordan No. 105123,and Type B cover, or approved equal. If the manhole fails the initial test, necessary repairs shall be made with a non-shrink grout,while the vacuum is still being drawn. Retesting shall proceed until a satisfactory test result is obtained. If the rim of a sanitary manhole needs to be reset or adjusted after successful vacuum testing, but before the expiration oft eh one-year warranty period, it shall be sealed and adjusted properly in the presence of the City Engineer. Failure to do so will require the manhole to be vacuum tested again. • All manhole frames shall be Neenah No. R-1030, East Jordan No., 105123, or approved equal, with Type B covers. All Type B covers shall have"City of Yorkville" and"Sanitary"cast into the lid, and shall have concealed pick holes with a machined surface and watertight rubber gasket seals. All manhole segments, including the frame and adjusting rings, shall be set with butyl rope joint sealant Manholes shall be minimum four-foot diameter, and shall not be located in pavement, curb, gutter, or sidewalk. S-16 Standard Specifications for Improvements All sanitary sewer manholes shall be provided with approved cast in place rubber boots (flexible manhole sleeve), having a nominal wall thickness of 3/16" with a ribbed concrete configuration and with stainless steel binding straps,properly sized and installed for all conduits. All manholes shall be reinforced precast concrete, and shall be located at intersections and spaced at a maximum interval of 300 feet, except that a closer spacing may be required for special conditions. The maximum allowable amount of adjusting rings shall be eight inches in height using as few rings as possible. All manholes shall be marked at the time of construction with a four-inch by four-inch hardwood post neatly installed vertically and with a minimum three-feet bury and a minimum four-foot exposed. The top one-foot of the post shall be neatly painted white. Wells and septic systems are allowed in Estate-residential developments that are not within 250 feet of water and/or sewer service. When each lot is within 250 feet of water and/or service, that lot may maintain their septic and/or well only until failure of the septic or well. At that time the lot must, if within 250 feet of the sewer and/or water line hook-up to the sewer and/or water, as the case may be, connect to the City utilities at the lot owner's sole expense. After connection to the City Sanitary Sewer System, individual septic fields shall be abandoned by pumping out the tank, Docking in the cover, and filling with dirt or stone in accordance with Health Department regulations. TRAFFIC STUDY A traffic study may be required, and shall include: 1. Levels of service for existing conditions; 2. Levels of service for post-construction conditions; 3. All calculations shall be conducted according to the"Highway Capacity Manual"; 4. Recommendations as to additional/limited access, additional lanes, signalization, etc. If the City of Yorkville requires a traffic study for a development,that study will be contracted for by the City, and paid for by the developer. The developer shall establish a Traffic Study deposit with the City of Yorkville, in an amount to be deteiurined by the City Engineer. The City shall return any unused portion of the deposit to the developer upon approval of a Final Plat or Site Plan. If the land use plan of the development changes during the approval process,the developer may be required to make additional deposits to fund re-analysis and revisions to the Traffic Study. The need or requirement for a traffic impact study shall be determined during the concept or preliminary planning stage of the proposed development. The developer/subdivider shall meet with City of Yorkville officials during one of these stages for the purpose of determining the traffic study requirements. When the City of Yorkville requires that a traffic study be prepared based upon the above, the study shall include, but not be limited to, addressing the following issues: INTRODUCTION: A general description of the proposed development, including it's size, location, the political jurisdiction in which the site is located, the boundary limits of the study area, and any other information needed to aide in the review of the development's traffic impacts. PROJECT DESCRIPTION: A description of the existing and proposed land uses of the development. If alternative land uses are being proposed, the highest trip generation uses shall be assigned for each land use. SITE ACCESSIBILITY: A clear and concise description of the proposed ingress/egress points to the proposed development, including a sight distance analysis. S-17 Standard Specifications for Improvements EXISTING EXTERNAL ROADWAY NETWORK: A description of the existing external roadway networking the vicinity of the proposed development, to include functional classification, primary traffic control devices, signalized intersections, roadway configurations, geometric features (curves and grades), lane usage, parking regulations, street lighting, driveways servicing sites across from or adjacent to the site, and right-of-way data. The area of influence shall be determined by the traffic generated from the site, the trip distribution of traffic, and the trip assignment of the traffic generated by the development over the surrounding area road network. EXISTING AM, PM, & TOTAL DAILY TRAFFIC VOLUMES: Existing AM, PM, and total daily traffic volumes for access driveways (if existing), intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s)in the final report. To determine AM and PM existing traffic volumes, machine counts and/or manual counts shall be conducted during a three-hour period of the morning, between approximately 6:00 AM to 9:00 AM of an average or typical weekday, and also between approximately 3:00 PM to 6:00 PM, on an average or typical weekday. Peak hour counts may be required on Saturday and/or Sunday, depending on the proposed land use. All AM and PM peak hour counts shall be recorded and summarized in fifteen-minute increments, and be included in the Appendix of the final report. Manual counts shall include vehicle classifications, i.e. passenger cars, single-unit, multi-unit trucks and buses. Traffic counts shall show both entering and exiting traffic at the proposed access points (if existing), in addition to turning and through traffic movements at critical intersections. TRIP GENERATION RATES AND VOLUMES: Trip generation rates and volumes for each type of proposed land use shall be determined for the AM and PM peak hours, and total daily volumes may be required on Saturday and/or Sunday, depending on the proposed land use. The trip generation rates shall be calculated from the latest data available contained in the Institute of Transportation Engineer's "Trip Generation Manual". If,trip generation rates for a specific land use are not available from the "Trip Generation Manual", the United City of Yorkville shall approve the substitute rates. SITE-GENERATED TRIP DISTRIBUTION & ASSIGNMENT: The most logically traveled routes in the vicinity of the development shall be used for trip distribution and assignment purposes. The directional distribution of site-generated traffic approaching and departing the development should be shown in both graphic and tabular form. All assumptions used in the determination of distribution and assignment shall be clearly stated. EXISTING, PLUS SITE-GENERATED TRAFFIC VOLUMES: Existing, plus site-generated traffic volumes for the AM and PM peak hours, and total daily traffic for access drives,. intersections, and the roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. Traffic volumes shall show both entering and exiting traffic at the proposed access points, in addition to turning and through traffic movements at critical intersections. • FUTURE TRAFFIC (EXISTING, PLUS SITE-GENERATED) VOLUMES: Future traffic (existing, plus site-generated traffic volumes) for the AM and PM peak hours, and the total daily traffic for access drives,intersections, and roadway network in the site vicinity shall be determined and displayed on a graphic(s) in the final report. Projected increases in the external (non site- related) roadway traffic must also be determined. The selection of a horizon year for which traffic operation conditions are to be characterized may be considered as the date full build-out and occupancy is achieved. If the project is a large multi-phased development in which several stages of development activity are planned, a number of horizon years may be required, that correspond • to the bringing on line of major development phases. Horizon dates should be times to coincide with major stages of the overall project, or to coincide with increments of area transportation system improvements. S-18 Standard Specifications for Improvements INTERSECTION CAPACITY ANALYSIS: Proposed access driveways and influenced intersections shall be subject to an existing, plus projected, capacity analysis. Projected traffic conditions shall include the effects of any committed developments within the influenced area. The existing and projected levels of service derived from the analysis shall be used to aid in the evaluation of design and operation alternatives of the access driveways and influenced intersections. The capacity analysis shall be in accordance with the techniques described in the most recent edition of the Transportation Research Board's "Highway Capacity Manual", Special Report 209. SIGNALIZATION WARRANTS: If it is anticipated that the development's driveway(s) or existing external non-signalized intersections will satisfy signalization warrants, a warrant analysis shall be conducted, using the projected volumes determined from the trip generation. The results of such an analysis shall be tabulated in the traffic impact study. CONCLUSIONS AND RECOMMENDATIONS: Clear and concise descriptions of the findings shall be presented in the final report. These findings shall include all recommended improvements for access facilities, internal roadways and intersections, and external roadway and intersection improvements. • S-19 Standard Specifications for Improvements DRIVEWAY AND PARKING LOT PAVING ALL DRIVEWAYS AND PARKING LOTS SHALL BE PAVED AS PER THE FOLLOWING SPECIFICATIONS: 1. ASPHALT: A. RESIDENTIAL Two-inch I-11 bituminous concrete surface, over eight-inches (minimum) of compacted CA6 limestone or crushed gravel. B. COMMERCIAL/INDUSTRIAL Three-inch I-11 bituminous concrete surface, over ten-inches (minimum) of compacted CA6 limestone or crushed gravel. 2. CONCRETE: A. RESIDENTIAL Six-inch Class X, over six-inches (minimum) of compacted CA6 limestone or crushed gravel. • B. COMMERCIAL/INDUSTRIAL Eight-inch Class X, over eight-inches of compacted CA6 limestone or crushed gravel. 3. PAVING BRICK: A. RESIDENTIAL Paving brick over one inch of sand and eight inches of compacted CA6 limestone or crushed gravel. 4. SEALCOAT: A. COMMERCIAL/INDUSTRIAL An A3 seal coat, as defined by the IDOT's Standard Specifications for Road and Bridge Construction, may be allowed on areas behind the building, when used as a temporary surface, not to exceed three years, after which it must be paved to the above specifications. The same base should be ten inches (minimum) of compacted CA6 limestone or crushed gravel. S-20 Standard Specifications for Improvements This Resolution shall be in full force and effect form and after its due passage, approval, and publication,as provided by law. Passed and approved by the Mayor of the United City of Yorkville,Kendall County, Illinois, This day of , 20-` Mayor Passed and approved by the City Council of the United City of Yorkville, Kendall County, Illinois, This day of , 20-_ A l'I EST: City Clerk SEAL RICHARD STICKA WANDA OHARE VALERIE BURR LARRY KOT MARTY MUNNS PAUL JAMES JOE BESCO ROSE SPEARS S-21 4 Exhibit 2 . NED RY .—trIOTTNCIL ON UNITED CITY OF YORKVILLE • PARK AND RECREATION DEPARTMENT PARKS DEPARTMENT PARK DEVELOPMENT STANDARDS June 1, 2003 TABLE OF CONTENTS I. DEFINITIONS 4 2. OPEN SPACE SYSTEM AND GUIDELINES 5 2.1. CATEGORIES OF OPEN SPACE 5 2.2. LAND / CASH DEDICATION ORDINANCES 7 2.2.1. Areas of NO Credit 7 2.22. Full or Partial Credit 8 2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES 8 3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS 9 3.1. Park Design — Neighborhood park 9 3.2. Timing of Dedication and Acceptance 9 3.3. Utilities 10 3.4. Topsoil 10. 3.4.1. General 10 3.4.2. Stockpiling 10 3.5. Grading /Filling 10 3.5.1. Slopes 10 3.5.2. Filling/ Borrow 10 • 3.5.3. Environmental Precautions /Assessment 11 3.6. Detention/ Retention Basins - Stormwater Management 11 3.6.1. General; 11 • 3.6.2. Retention Basins (Wet Ponds) 11 3.6.3. Detention Basins (Dry Ponds) _ 12 3.6.4. Inlet and grate design 15 • 3.7. Greenways !Wetlands / Floodplain areas 15 3.8. Conservation and Protected Areas 15 3.9. Turf Grass 15 3.9.1. Mulching 15 3.10. Existing Vegetation, new plantings, and landscaping 16 3.10.1. Existing Vegetation 16 3.10.2. New Landscape Material- Planting Standards 16 3.11. Pathways and Trails on Public Property 20 3.12. Playgrounds / Park Improvements 22 r.a�It —.rs Pr—, r.nw.r—\PT C'TA AI rI A 0f O D.. 7 3.13. Maintenance Standards (By Developer) 23 3.13.1. Escrows (Under Legal Consideration) 23 3.13.2. General 23 3.13.3. Turf 23 3.13.4. Plantings 24 3.13.5. Mesic and Wet mesic areas... 24 3.13.6. Playground and Site Improvements 26 { June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg.-3 1. DEFINITIONS 1. Standard Specifications: (SSRBC) Whenever reference is made to the "Standard Specifications" it shall be understood to mean the latest issue of the "Standard Specifications for Road and Bridge Construction" and subsequent revisions of the "Supplemental Specifications and Recurring Special Provisions" of the Illinois Department of Transportation. • 2. Developer. Refers to and means the individual, corporation, co-partnership or other person or organization who or which has desires to bring a new subdivision or planned unit development within the corporate limits of the United City of Yorkville. 3. Americans with Disabilities Act Refers to the federally mandated Act passed in 1990, and /or State Accessibility guidelines (Section 504), whichever may be more stringent. 4. Buffers: Areas designed to reduce the sound or visual impact on the neighboring community or houses. Buffers can be made by planting of bushes or a mixture of vegetation. 5. Conservation Natural area identified as having-rare plant or animal species, or areas identified within the Parks Open Space Master Plan. This area may include or be identified as a fen, watershed or have historic value needing preservation. 6. Detention (Dry Ponds): Areas designed to hold storm water runoff for a determinate amount of time (typically 48 hours), then drain to a dry condition. 7. Flood Plain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100 year frequency flood elevation. The floodplain is also known as the Special Flood Hazard Area (SFHA). 8. Private facilities and parks: Parks or facilities that are secluded from the general population; or owned and controlled by a person or group rather than the public or municipality. 9. Public Open Space: Any publicly owned open area, including but not limited to the following: parks, playgrounds, conservation, trails, greenways, etc. 10. Retention (Wet Ponds) : Areas designed to hold storm water and natural groundwater on a permanent basis. Retention areas are designed with normal and high water levels, and an overflow point for large storms. 11. Public Sidewalk That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. 12. Trail way Is a paved path or connecting paths or walkways with the intent to allow pedestrians or bikes to traverse across the City. 13. Wetlands As defined by the Illinois Department of Natural Resources and/or US Army Corps of Engineers. 1 ina Inns PARK DEVELOPMENT STANDARDS - En. 4 2. OPEN SPACE SYSTEM AND GUIDELINES The Northeast Illinois Planning Commission states that "Open space provides more than recreational • opportunities; it is land that society needs to conserve as natural, cultural, historic, and agricultural resources. One of the most common misconceptions regarding open space and recreation is that the two terms are synonymous. A strong relationship does exist between open space and outdoor recreation but, in most cases, recreation is something separate and distinct from open space." Therefore, a park is open space, but open space is not necessarily a park. 21. CATEGORIES OF OPEN SPACE • The National Park and Recreation Association (NRPA) has developed six categories of open space that the United City of Yorkville has simplified into three recognized categories. They are: A. ENVIRONMENTAL CAPACITY - protects natural and or cultural resources from development 9 — B. SHAPING CAPACITY- provides relief from extensive urbanization and promote the integration of neighborhoods. City, county, state, and federal planning agencies usually define this land as "land that shapes a community and is reflected in greenbelts, county 1 forest preserves, state, and national parks."This category is also reflected in local ordinances stipulating density formulas and open space requirements for subdivisions. C. RECREATIONAL CAPACITY- provides space for single or multiple, active and passive recreation activities The United City of Yorkville has determined that acquisition and development of land meeting the recreational and environmental requirements of its residents is its role in the fabric of the Community. These functions are subdivided into both local and regional classifications. The 1 Kendall County Forest Preserve provides these functions to the regional area. The Parks Department's responsibilities pertain to the local classifications, which are: A. RECREATIONAL CAPACITY - Local Classifications 1 1. Mini-Parks —The mini-park is used to serve isolated or limited recreational needs. Mini-parks are often tot lots, created to serve a resident population too distant from a community park, or in an area with high density populations. The mini-park is approximately 1 acre in size. Development is usually limited, requiring no parking or extensive site work. Examples of-mini-parks in Yorkville are Purcell Park, and Cobb Park. 2. Neighborhood Parks -The neighborhood park is sized between 2 to 15 acres. Is intended as a supplement to or substitute for a play lot where population density, geographic barriers or distance preclude easy access. Examples of such facilities include play apparatus areas for pre-school and elementary children, hard surface areas for hopscotch, shuffleboard, tetherball, four-square and court games for basketball, volleyball, badminton, etc., and open play areas for softball, football, soccer, and winter sports. The concept of development emphasizes spontaneous rather than higher organized play. The playground should be easily accessible to pedestrian use. Neighborhood parks may be combined with school sites. Although any classification of park can be combined with a school, the age of users makes it preferable that neighborhood parks and elementary schools are the most desirable combination. .June 1. 2003 PARK r)FVFI C)PMFNT STANfARfS - Pn. 5 Examples of neighborhood parks in Yorkville are Sleezer Park, Town Square and Prairie Park. 3. Athletic Parks —These are more commonly associated with Junior High Schools, where the advantage of multiple athletic fields for public as well as school use comes to play. The facilities should represent the functional needs of each agency, with the intent of satisfying one or more of the following requirements: (1) to avoid duplication of land and facilities unless existing facilities are over utilized: (2) coordination of services, and (3) to diminish capital expenditures and needs of each agency. Development should be similar to the neighborhood park. 4. Community Parks -The community park is sized between 7 and 40 acres, and development is intended for people of all ages. It is preferred; that the park be centrally located and serve at least four neighborhoods. Amenities found in a neighborhood park are included, supplemented by large open spaces for athletic games and organized sports. Internal walk patterns are desirable to connect the various functions, as well as providing pedestrian and bicycle paths. Adequate off- street parking should be provided in accordance with functions constructed. it should be accessible by motorized and non-motorized traffic. The classification may also serve as a neighborhood park facility for the area in which it is located. 5. Sports Complex -The sports complex is sized between 16 —75 acres. It is developed to meet the needs of specific users groups and local athletic associations - for practice, team, and tournament play. These sites have adequate parking and are located on good traffic routes. They may also be located to take advantage of bicycle and pedestrian trail systems. Fields should be as multipurpose as possible, so a wide variety of flexibility can be maintained. Due to the ambient noise, traffic, and lights, sports complexes are not recommended to be located in the center of residential areas— in fact, sports complexes should be the solution to the typical problems of usk g neighborhood parks for competitive athletics. It is best to allow for additional space when acquiring sports complex space, as needs and trends are subject to constant change. An example of a sports complex park is Beecher Park. 6. Special Use Parks -Special use parks are intended for single interest activities and are large enough to accommodate the demand, therefore size can vary from 1 to 50 acres. They may be separate from, or a part of all park classifications; or a previous classification type may be a part of a special use park. Examples are tennis centers, outdoor education centers, museums, conservatories, golf course, children's farm, sports complexes, skate parks, splash / spray parks, swimming pool/aquatic centers, etc. Since users are going to come from a distance, the site should be near major vehicular access routes and bike trails. B. ENVIRONMENTAL CAPACITY - Local Classification Natural Resource Park (Linear Greenways / Trail systems) -The Natural Resource Park (or area) is utilized as a buffer zone, watershed, or conservation area and affords a passive appearance with managed natural habitats and plant ecosystems. These areas can be used to protect fragile or rare ecosystems. Sizes range most often range between 20 to 99 acres. Smaller areas may prove useful in special situations. Often these areas require skilled management to maintain sustainability and preserve healthy biodiversity of plant life. When utilized as a linear greenbelt and /or trail corridor, natural areas can serve as environmental bridges, supporting the movement of wildlife between other larger areas. When combined with public use areas, greenbelts are usually lined with June 1. 2003 PARK DEVELOPMENT STANDARDS - Pq. 6 maintained turf areas, and development can include open play areas, pedestrian and bicycle paths, park benches, picnic and rest areas, and water oriented facilities.it is quite common to see detention / retention ponds included in these areas. In • instances where this classification of park is flood prone, construction of permanent • structures is discouraged. The public use infrastructure should remain supplementary to the functional classification of lands described. Other functions of a natural resource park may include: 1. Conservation of local resources, such as streams, wetland habitats, and forests. 2. Preservation of environmental and / or historic resources in conjunction with local historic preservation agencies. • 2.2. LAND/CASH DEDICATION ORDINANCES The United City of Yorkville Land Dedication Ordinance requires 10 acres per 1,000 population be donated for parks as part of the subdivision/planned unit development approval process. The contribution of land I cash is in accordance with the City Land/Cash Ordinance. It is for these stipulated acres that the following standards have been developed. These standards will also act as guidelines for land donated to satisfy other functions of open space. "The ultimate population density to be generated by a subdivision or planned unit development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be determined by obtaining the total population of the development times 10 acres per 1,000 population. Total population is determined by applying the estimated ultimate population per dwelling unit table to the number of respective units in the development Each single family home will be calculated to have four bedrooms; Duplex unit will be calculated as 50% two bedroom units and 50% three bedroom units; Town home and apartments will be calculated with two bedrooms". • When available land is inappropriate for park, or recreational use, the City shall require a cash contribution in lieu of the land dedication. This is based on the land cash calculation and the value per acre of the land based on the"Fair market value". In cases approved by the Park and Recreation Board, the contribution of Land Cash can be a mixture of 50% land 50% cash, or other agreed upon contribution mixes. A developer may donate the land and cash for park development upfront to have the construction of the park expedited. Otherwise, a 50% build-out standard for the subdivision may be set in place for park development. 2.2.1. Areas of NO Credit 1. No credit for exclusively private facilities & parks. 2. No credit for retention or detention areas, measured at the top of the bank. 3. No credit for lands located within the 100 year floodplain. e _ June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 7 2.2.2. Full or Partial Credit Credit may be received for active wet areas (Lakes, rivers, creeks) historical areas, conservation area or other areas, that are identified to have recreational or conservation value. This will be considered on a case-by-case basis. Studies may be required to verify historical and/or conservation areas. Credit will be given for trail ways that are identified as infrastructure or connecting trails to a regional trailway system. Partial credit may be given for undeveloped traiiways. Full credit may be given to land donations that are usable and or classified as developable for use for the general public. 2.3. PARK DEVELOPMENT TIMELINE and PROCEDURES The Park and Recreation Board and staff will plan the development of the park and/open land site with the following guidelines whenever possible. — 1. Based on the established land cash ordinance a developer will make a donation of park land to the United City of Yorkville Park and Recreation Department for future use and development 2. The Park and Recreation Board and staff will project park utilization and design in conjunction with the Parks Open Space Master plans established needs and determine priority and fiscal needs. 3. Annually the staff will recommend budget projections for park development based on available fiscal resources 4. A concept plan will be developed by the park planner or United City of Yorkville Staff indicating park design and preliminary cost projections. 5. Whenever possible, a public meeting inviting residents for the surrounding subdivision and area to the location site for input fi. A finalize concept plan and cost projections will be developed and submitted to the Park Board for approval and recommendations to the City Council for development. • 7. Timeline is established for project management 8. Project/ Park plan completed. "There may be occasions when a developer provides development support in advance to a subdivision being built which may require these procedures to be adjusted or altered. • June 1, 2003 PARK DEVELOPMENT STANDARDS - Pg. 8 • 3. NEIGHBORHOOD PARK IMPROVEMENT STANDARDS 3.1. Park Design— Neighborhood park • The following criteria are considered desirable traits for a park to be acceptable to the United City of Yorkville: 1. Size: Park sizes shall range between 2 to 15 acres; meet the requirements of the Park Master Plan, and the approval of the Park Board. 2. Location: Located close to the geographic center of the population served, or as approved by the Park Board. 3. Combined with an elementary school when possible. 4. Service Area: Approximately within 1/2 mile of pedestrian barrier-free walking distance to the site from the residential area it serves. A pedestrian barrier is defined as: • • Any street presently classified or planned by the United City of Yorkville, Kendall County, or State of Illinois a major arterial street or highway; • Any street with speed limits over 30 miles per hour, • Collector streets with an average daily traffic count exceeding 3500 cars, and stop signs or stop lights further apart than 1/2 mile; • Railroad tracks; - Natural barriers; - Land use barriers 5. Dimensions: Parks shall have a minimum dimension of 450 feet on all sides. 6. Street Frontage: Street frontage shall be the full length of the park on two of its sides. Said streets shall be local or collector streets within the neighborhood. Additional access ways provided shall be a minimum of forty feet in width. Where a school site is adjacent to a park site the school site can be considered as one of the two required street frontages. " 1 Reasons for street frontage include: • Enhanced security and visibility - On-street parking availability • Encourages users to access the park through trail or sidewalk connections • Encourages neighborhood to take ownership and responsibility for their park. 7. Adjoining Developments: Whenever possible, the dedicated parcel shall be combined with dedications from adjoining developments. • 3.2. Timing of Dedication and Acceptance 1. The Parks Department encourages, whenever possible, that at the time rough grading and placement of topsoil is completed on the first residential structure of a particular unit development, the park site(s) shall also be completed, ready for grading and/ or sodding. All requirements stated herein for acceptance of the site shall be completed to the satisfaction of the Parks Department In cases of more than one park site, or linear parkways, the developer shall determine a schedule of completion with the approval of the City. The Parks Department will verify that all requirements have been met and the site is ready for turf. Final acceptance of the site is determinate on the condition of the turf as stated herein these requirements Section 3.9. i,,.— 4 "nnz PARK fFVFI (>PMFNT STANDARDS - Po. 9 2. Boundaries: The developer shall be required to install permanent metal boundary markers at each corner of the park site. Markers shall be of typical federal style aluminum marker 4" in diameter that can be placed on top of a re-bar. 3. The Parks Department has the option to require conveyance of areas designated to be maintained in a natural state prior to commencement of any site work. A separate site- specific plat of conveyance shall be prepared and submitted prior to issuance of any permits. The developer is responsible for securing all areas to be conveyed in a natural state with temporary fencing from the time the areas are platted to conveyance of the remainder of the site. 4. Environmental Assessment For all lands to be dedicated to the City, the developer shall provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized consultant This assessment shall check for hidden, or unknown environmental factors including, but not limited to, buried.or contaminated soils and aquifers, underground storage tanks, and dump sites. • 3.3. Utilities • Unless otherwise authorized by the Parks Department, each park site shall be fully improved with water, sanitary sewer, storm sewer, and electric service. At the time of installation of public • improvements in the subdivision or planned unit development, the developer shall install the above-mentioned utilities for the park site in accordance with the city approved engineering plans. If the park site also functions as a storm water control facility, then the drainage structures and erosion protection shall be installed during rough grading. The site shall be free of all private gardens, woodpiles, swing sets, sump pump discharge pipes, and other items that give the impression that a portion of the site is part of the adjacent property. No sump pumps shall discharge directly onto the site. They may be connected to a catch basin on the site if approved by local authorities and the United City of Yorkville. 3.4. Topsoil 3.4.1. General Topsoil shall be spread in all lawn areas to a minimum compacted depth of six (6") inches. Topsoil shall be friable, loamy mixture surface soil. It shall not be extremely acid or alkaline nor contain toxic substances harmful to plant growth. It shall be of uniform color and texture. Topsoil shall be free from large roots, sticks, weeds, brush, subsoil, clay lumps, stones larger than one (1") inch in diameter, and other litter and extraneous matter undesirable to plant growth. 3.4.2. Stockpiling Contractor shall not stockpile any topsoil or other soil materials on the park site without written authorization from the Parks Department. 3.5. Grading/Filling 3.5.1. Slopes All lawn areas shall maintain a minimum slope of 2.0%, or 2 feet in 100 feet, and a maximum slope of 4%, or 4 feet in 100 feet. The developer shall submit grading plans to the Parks Department for approval prior to beginning construction. • 3.5.2. Filling l Borrow • There shall be absolutely no burying permitted of site debris, construction debris or rubbish, or any other extraneous matter on the park site(s). Areas to receive approved fill shall receive clean fill, ' ^^^' PARK nRVpl OPMENT STANDARDS - Pn. 10 free of large boulders, concrete, or other debris. The park site may not be used as a borrow pit. 3.5.3. Environmental Precautions i Assessment For all lands to be dedicated to the City, the Developer shall provide a minimum of a Phase 1 Environmental Assessment, produced by a recognized consultant This assessment shall check for hidden, or unknown environmental factors including, but not limited to, buried or contaminated soils and aquifers, underground storage tanks, and dump sites. At all times during construction, the Developer shall take appropriate precautions and prevent the discharge and I or dumping of hazardous wastes, liquid or solid, from his or other's operations on • any sites within the development, including those to be dedicated to the City. Police and local Fire Departments shall be notified of any temporary storage of hazardous materials during construction. 3.6. Detention/Retention Basins - Storm water Management 3.6.1. General: 1. It is not the practice or desire of the Parks Department to accept retention/ detention facilities as part of a neighborhood park. Special consideration may be given for acceptance of detention / retention ponds if they are adjacent to other park areas and meet usability criteria at the discretion of the Board. This may include, but not be limited to, safe access, fishing, incorporated trail systems, overlooks, or natural habitats. At no time shall the Parks Department accept said basins alone or for stormwater management purposes alone. 2. Should detention or retention ponds be part of the local donation, they shall meet the following requirements. a. Construction shall be in accordance with engineering drawings approved by the City and shall meet all applicable Parks Department standards. b. Changes to the plans including, but not limited to, percent of slope, grading, depth of top soil, location of structures or any other improvements shall not be implemented unless first approved in writing by the Parks Department. c. Comply with state statute regarding distance from ROW's. 3.6.2. Retention Basins (Wet Ponds) 1. Design Standard — Retention ponds shall be designed to facilitate a low degree of maintenance and reduce potential hazards for users and maintenance staff. • 2. Shape—Pond configuration shall be natural in appearance featuring varying slopes running down to the shoreline. Shoreline shall undulate at varying degrees around the pond perimeter. Provisions in the plans for configuration of a pond shall allow for access for dredging, grate maintenance, and accommodation of maintenance considerations. The Parks Department and developer shall jointly determine final shoreline configuration. 3. Size—the ponds shall be no smaller than two (2) acres. 4. Depth —These areas are designed to a minimum depth below normal water levels of 6 feet. If fish are to be maintained, 25% of the pond shall be a minimum depth of 12 feet These areas must have a safety shelf 5' - 10' feet in width at a depth of 2 feet below the normal water elevation. The slope to the bottom of the pond beyond the safety shelf shall be 2:1 and the slope up from the safety shelf to the normal water level shall be a maximum of 3:1. (Subdivision control ordinance 2000-2, dated 3-9-00) -. - n♦rI/ ,-,- ir-I it n wR r A IT CT A II CI A or,C 5. Bank Stabilization — Protection against erosion and water level fluctuations is required. Stabilization shall be provided through one of the following means: a) Complete establishment of perennial ground cover, water tolerant grasses, or natural vegetation to the approval of the City; b) Construction of retaining walls; or c) Use of rip-rap underlain by gravel and filter fabric. The use of rip-rap and retaining walls as a sole means of shoreline protection will not be permitted. 6. Sedimentation — . All storm water inlet points must have calculated desilting basins below the required 6 feet depth. Desilting basin volume shall be 500 ft3/acre of tributary impervious area. Developer shall provide engineering plans, estimating probable quantities of sediment from the watershed at five-year intervals for a 25 year period. The Developer shall construct sediment basins to handle the aforementioned sediment. A cleaning/dredging plan shall also be included. The City shall approve all engineering and installation. Existing Public Ordinances and annexation agreements shall regulate all additional storm water design considerations and management. 7. Aquatic Plantings—Shoreline areas selected for the planting of aquatic and emerging aquatic vegetation, slope requirements shall be appropriate to ensure healthy growth and development of the specified vegetation type. 8. Shoreline Slopes (Above Water)—An area six feet wide and around the perimeter of the pond shall slope towards the pond at the rate of 2 to 5%. No slope beyond the six-foot strip shall exceed a 5:1 slope (20%). 9. Buffers— In areas where a pedestrian / bicycle trail occurs between the property line and a pond, there shall be a minimum 50' wide buffer between the property line and the high-water level line. The 50'wide buffer will be broken down into a minimum 20'wide area between property line and outside edge of the path, and a minimum 12' wide area between the inside , edge of path and the high-water level line. In areas where there are no paths between the property line and a pond, there shall be a minimum 30' wide buffer between the property line and the high-water level line. 10. Aeration— Developers shall incorporate aeration systems into all retention basins that do not incorporate a constant flow of water. The City shall approve all engineering and installation. Developers are encouraged to incorporate aeration in all other retention basins toimprove water quality and provide desirable aesthetics. J . 3.6.3. Detention Basins (Dry Ponds) 1. Requirements for detention basins shall satisfy design criteria as set forth in the Grading Section of these Standards. The major consideration is the dual use of detention and recreation. In order to facilitate review of park areas, the proposed outline of the detention at the one-year, 10-year, and 100-year high water line shall be illustrated on the preliminary plan or the P.U.D. plat. 2. Buffers—The buffers shall be the same as those mentioned under Retention Basins (Ponds) above. • Pts P( hFVFI OPMENT STANDARDS - Pg. 12 3. Design -These areas are designed with a 2 year low flow underdrain system so that ponding beyond the storage does not occur and that a good stand of grass can be maintained. The pond bottom slope shall be a minimum of 2% except that a 0% slope will be allowed directly over the underdrain pipes. All incoming and outgoing conduits shall have concrete flared end section or poured in place headwall with grates. 2 foot inlets can be placed over the low flow pipe: The maximum water depth below the HWL shall be 4 feet. . • i J .lune 1. 2D03 PARK DEVELOPMENT STANDARDS- Pg. 13 IGH , TF 2D'MINIMUM 1Z MINIMUM 50_BUFFER(PATH OCCURS) 30'BUFFER(NO PATH) z \ � r z \ „ CC 5'WIDE AREA WITH 2-5%SLOPE I a EC IIO � a o VARYING SLOPES 1.5%-20%(5:1) a a 1 / UNDULATING SHORELINE POND 2 ACRE MIN. / 116. PATHWAY THE STANDARDS FOR DETENTION PONDS SHALL BE THE SAME AS THOSE FOR RETENTION AREAS,WITH THE BOTTOM OF THE DETENTION AREAS MAINTAINING A POSITIVE SLOPE OF 2%MINIMUM. • jRETENTION/DETENTION PONDS - N.T.S. 3.6.4. Inlet and grate design 1. All grates for drainage inlets shall be bicycle safe and accessible per the ADA when placed in walkways or drives. 2. All trash covers for storm inlets shall have a maximum opening of 3.5" square to prevent head entrapment All grates on drain culverts and pipe inlets and outlets shall be bolted in place. 3.7. Greenways/Wetlands/Floodplain areas For areas of natural habitat re-establishment or enhancement, the Developer shall submit complete installation and maintenance plans to the City prior to acceptance of the development plat. 3.3. Conservation and Protected Areas For areas to be dedicated, an environmental study including a topographic map shall be completed by the developer identifying the endangered and protected areas, summary of floristic quality, wetland, and floodplain maps and inventory of wildlife, vegetation, and habitats. Watershed areas shall be identified with recommendations for management All studies shall be completed prior to the land dedication. Developer shall comply with Wetland Ordinance. 3.9. Turf Grass Developers shall install turf grass in agreement with the Parks Department This work shall occur after the placement of all topsoil, fine grading, and installation of sidewalks, pathways, and plant material. • All park access points of 100 ft. width or less shall be sodded. Sodding procedures shall be in compliance with all Parks Department regulations regarding sodding and watering practices. The seed shall be a premixed Bluegrass I Ryegrass mixture approved by the Parks Department The mixture shall be by weight a 70% mixture of 3 Kentucky Bluegrasses (equal percentages) and a 30% mixture of 3 perennial Ryegrasses (equal percentages). The mixture shall be sown at the rate of 220 lbs. per acre. All seed shall be certified 98% purity and 80% germination. Prior to seeding, all lawn areas shall be fertilized with an approved starter fertilizer at an approved rate. The fertilizer shall be cultivated into the top three inches of the topsoil. The seeding season in the spring shall be April 1 to May 15. The fall season shall be August 15 - October 1. The developer shall reseed all areas that do not germinate and repair all eroded areas and reseed them until 90% germination has taken place. All other aspects of maintenance will be jdone by the Parks Department 3.9.1. Mulching The seeded areas shall be mulched as follows: 1. Seeding areas designated to receive erosion control blanket shall be covered with biodegradable seed blanket as specified. All seeded areas of slopes steeper than 4:1, the bottom of swales and around drainage structures, should be mulched with erosion control blanket the same day as seeded. a. The blanket shall be laid out flat, evenly and smoothly, without stretching the material. The blankets shall be placed to that the netting is on the top and the fibers are in contact with the soil. • b. For placement in ditches, the blankets shall be applied in the direction of the flow of the water and butted snugly against each other. The blankets shall be stapled in place, using 4 staples across the upstream end at the start of each roll and placing staples on 4 foot centers along each side. A common row of staples shall be used along seams of adjoining blankets. All seams shall overlay at least 2 inches. c. On slopes, the blankets shall be applied either horizontally or vertically to the contour and stapled in place similar to ditch applications except that the staple space interval shall be 6 feet. 2. Seeding areas incorporating an annual temporary mix do not require mulching. 3. Turfgrass seeding areas shall be mulched-in accordance with the 'Standard Specifications'. Contractor is responsible for obtaining all water for the work. 4. All seeded areas less than 4:1 slope should be mulched within twenty-four (24) hours of seeding using straw with tackifier or hydraulic mulch. Straw— Rate: 2 tons (4000 lbs.) per acre Mulch binder for straw— 40 lbs. per acre Hydraulic mulch —2000 lbs. mulch : minimum 2000 gal. water per acre • 3.10. Exisfing Vegetation, new plantings, and landscaping 3.10.1. Existing Vegetation Existing vegetation including, but not limited to, trees, shrubs, grasses, and wildflowers shall be protected during the construction process if determined • by the Parks Department to be preserved. Development plans shall include methods of protecting such vegetation during the developer's construction process. 3.10.2. New Landscape Material - Planting Standards 3.10.2.1. Minimum Size/Quality — • All landscape material shall meet the standards of the American Nurseryman's Association. Trees planted in parks shall be a minimum size of: SHADE 2.5 inch caliper BB • INTERMEDIATE 1.5 inch caliper BB EVERGREEN 6 foot high BB All landscape material shall be subject to Parks Department inspection at the source of origin. n of i-scxrt noMFUT.STANDARDS - P0. 16 3.10.2.2. Planting Season Regardless of calendar date, trees must.be dormant at the time they arrive at the site of.the work or storage site. If trees are dug in-season, they must be properly watered and sheltered until the time of planting. Spring Planting: This work shall be performed from the time the soil can be worked until the plan, under field conditions, is not dormant except that Evergreen planting shall terminate on June 1. Fall Planting: This work shall be performed from the time the plant becomes dormant until the ground cannot be satisfactorily worked except that evergreen planting shall be performed between September 1 and November 1. 3.10.2.3. Excavation of Plant Holes •The sides of all plant holes shall be angled at approximately 45 degrees. All plant holes shall be dug in such a manner that the inside surfaces of the hole shall be in a loose friable condition prior to planting. Glazed or compacted sides will not be permitted. The equipment used to dig the plant holes must be approved by the Parks Department. Plant holes shall be twice the diameter of the root bail. The root ball shall set on compacted, undisturbed earth. • On slopes, the depth of excavation will be measured at the center of the hole. 3.10.2.4. Planting Procedures Backfill may be excavated topsoil. The backfill shall, at the time of planting, be in a loose, friable condition. All plants shall be placed in a plumb position and set at the same depth as they grew in the nursery field. Backfill shall be placed around the root system. Tamping or watering shall accompany the backfilling operation to eliminate air pockets. Set the base of the tree trunk two inches above the surrounding soil. A thorough watering of trees, with a method approved by the Parks Department shall follow the backfilling operation. This watering shall completely saturate the backfill and be performed during the same day of planting. After the ground settles, as a result of the watering, additional backfill shall be placed to match the level of the finished grade. Approved watering equipment shall be at the site of the work and in operational condition prior to starting the planting operation. Balled and Burlapped / Basketed Plants: After the plant is placed in the hole, all cords and burlap, or the complete basket, shall be cut away from the top one half of the balls. A circular water saucer shall be constructed around each individual plant to the satisfaction of the Parks Department. 'MI-2 PARK DEVELOPMENT STANDARDS - Pg. 17 3.101.5. Mulching !Wrapping Immediately after watering, plants shall be mulched. A layer of wood chips shall be used to cover the circular water saucer to a depth of four (4) inches when settled. All mulching shall be kept in a minimum of 6" from the trunk of all trees and shrubs. Immediately after planting, trunks of all deciduous trees shall be wrapped spirally from the ground to the lowest major branch (after pruning) overlapping the wrap at least one third (1/3) of its width. Trees shall not remain wrapped during the summer months. 3.10.2.6. Pruning Procedures Qualified personnel, experienced in horticultural practices and operations, shall perform all pruning. The method and location of pruning and the percentage of growth to be removed shall meet the approval of the Parks Department All pruning shall be done with sharp tools in accordance with the best horticultural practices. The ends of all broken and damaged roots of inch or larger shall be pruned with a clean cut, removing only the injured portion. All broken branches, stubs, and improper cuts of former pruning shall be removed. Pruning shall consist of thinning the twigs or branches as dictated by the habit of growth and the various types of the trees to be pruned, and as directed by the Parks Department. The leader and terminal buds shall not be cut unless directed by the owner. Evergreens: Evergreens shall not be pruned except to remove broken branches. 3.11. Pathways and Trails on Public Property Where pathways are required, they shall be constructed of concrete, bituminous asphalt, or • limestone screenings to the satisfaction of the Parks Department. The concrete pathways shall consist of a 5" thick layer of concrete resting upon a 2" thick (min.) aggregate base course. The bituminous asphalt pathways shall consist of a minimum 8" thick aggregate base course, and 2" thick bituminous surface course. The limestone screenings pathways shall consist of a minimum 6" thick aggregate base course and a 2" thick limestone screenings surface course. Other requirements and improvements may be-required based on the location and needs of the site. The minimum widths of pathways shall be as follows: o Pedestrian 5' (concrete) • 6' (bituminous asphalt or limestone screenings) o Normal Traffic Pedestrian and Bicycle 8' (bituminous asphalt or limestone screenings) o High Traffic Pedestrian and Bicycle 10' (bituminous asphalt) The 8' and 10' pathways shall have minimum radii on turns and curves that will support a pickup truck without leaving the pavement All trails expected to receive federal funding must be designed to AASHTO standards. The 8' wide and 10' wide paved pathways shall have 12" wide aggregate shoulders. A minimum of 2 feet wide level graded shoulder with grass is required on each side for clearance. I 1 To meet accessibility standards, pathways may not have longitudinal slopes greater than 5% or cross slopes greater than 2% unless there is a secondary access route that provides access to the area or facility. A grade of 5% should not be longer than 800 feet 1 S CONCRETE PAVING Z AGGREGATE BASE COURSE(MN.) WE1 COMPACTED SUBSOIL FREE OF TOPSOIL ��:'01'Wrier.'�•• .1:-W rflp.�M •, rT" Alia Pai rrrel�•ter=an-ar.�rrrssNAV armaarra i \ \//„,/\ \T\, \� \/\�\/\,/\/�/ CONCRETE /W C REQUIRED AGGREGATE SHOULDER T CLASS I BmJMINOUS SURFACE COURSE B'AGGREGATE BASE COURSE WELL COMPACTED SUBSOIL FREE OF TOPSOIL • 5 DZ GEOTEXTILE FABRIC VARIE NM /\ 1 r1 s3�t1\vW1�nt11u irkAI 1 �eff. Ea r,'?.„7 •nar....•r�'��' ra''If //VISSAM:iia•.MLSSI SaMiZtl MIDIOIMMI.Sti 11 \ \ BITUMINOUS ASPHALT 1 Z'LIMESTONE SCREENINGS i 5'AGGREGATE BASE COURSE WELL.COMPACTED SUBSOIL FREE OF TOPSOIL I i 1 - \posmorinsismataggas //\`r i ri r rima•salmis��w im..ihuss._a+m Q/// . j� LIMESTONE SCREENING I —0 SIDEWALK / TRAIL SECTIONS N.T.S. J I • 3.12. Playgrounds/Park Improvements 1. Should the Developer desire to install a playground or other park improvements on behalf of the City with the City's approval, the City shall approve all plans and construction methods to be used, including, but not limited to, equipment, materials, grading, and drainage. 2. Playgrounds shall be designed with accessible curbing, concrete retaining curb, and surfacing as shown on the following detail. _#4 REINF.BARS W/SLIP DOWELS AT EXPAN.Sr. 5'THICK CONCRE I t r THICK COMPACTED GRANULAR BASE(MIN.) 17 LAYER OF ENGINEERED WOOD FIBERS WELL COMPACTED SUBSOIL FREE OF TOPSOIL 4-LAYER OF ROUNDED WASHED GRAVEL CONTROL JOINT FILTER FABRIC tiB R • • .-.art:,s��.t-.�a.;.�a:�.ra�.:s_r.��.�c%ra r ffr 0:J letilltittal-WS11.trArgle.?AWES \\/�// zwitemportsabo Am. � / /\ \ \ \ / \y '�.. %\\//\\.�`tea,. &nig4'PERFERATED DRAIN TILE TRANSITION EDGE RETAINING CURB PLAYGROUND DETAILS N.T.S. 3.13. Maintenance Standards (By Developer) The developer shall maintain the park site until all improvements and requirements specified in this document are completed, turf is fully established, and the United City of Yorkville formally accepts the site. Maintenance of the park site shall include the following until the conveyance process is fully complete. 3.13.1. Escrows (Under Legal Consideration) The Parks Department, in no circumstance, shall be responsible for the maintenance and repair of storm drainage structures, pipe, other appurtenances, or shoreline degradation. These • responsibilities shall be left to the developer, or homeowners association. See the following suggested language: 1. In order to assist the future Homeowner's Association with maintaining the on-stream storm water detention system, the Developer shall establish and fund a cash reserve for said work in the amount of$ prior to conveying said system to the.Association and/or Parks Department. 2. Owners and Developers agree to the Municipality enacting a dormant Special Service Area • (SSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, private detention ponds, perimeter landscaping features, and entrance signage within the Subject Property. 3. In other cases, the Developer shall escrow an amount equal to one year of projected maintenance costs. This amount shall be agreed upon by the City. Escrows shall automatically renew each year until the park site(s) are accepted by the City. 3.13.2. General • 1. All rubbish and debris including, but not limited to, old tires, construction material, fencing, tree houses, trash, and other material not desired by the Parks Department, shall be removed from the site prior to conveyance. 2. Until such time as the United City of Yorkville has accepted the park site, the City shall not be held liable for any damages that may occur on such a park site, and shall be held free and _ harmless from any and all claims that may be submitted. Upon formal acceptance of the park site improvements by the Parks Department, the Parks Department will assume maintenance of the park site. 3. All storm water structures shall include proper grates and covers to protect the public and shall be maintained free of debris to ensure unrestricted flow of storm water runoff. 3.13.3. Turf 1. Turf shall be mowed at regular intervals and shall not exceed 4.5 inches in height 2. Areas of erosion, including but not limited to swales, slopes and around storm structures shall be repaired/restored in accordance with grading and seeding requirements. All areas within 10 feet of on-site structures shall be sodded rather than seeded for erosion control purposes. Full establishment of turf is required before acceptance. 3. In cases where existing trees and shrubbery are present on the site, deadwood and undesirable trees or thinning of dense growth shall be removed prior to conveyance. This may include branches or entire trees and shrubs. All stumps shall be ground to 12 inches below grade, backfilled and restored in accordance with grading and seeding requirements. 4. Fully established turf is defined as ninety percent (90%) free of weeds and bare spots, vigorously growing, and containing a well established root system with multiple blades per plant. 3_13.4. Plantings 1. Maintenance shall begin immediately after the planting is completed and shall continue until final inspection and acceptance. Maintenance of new plantings shall consist of weeding, watering, mulching, spraying, resetting plants to proper grades or upright position, repair of water saucers or other work that is necessary to maintain the health and satisfactory appearance of the plantings. 2. Watering: Additional watering, up to 50 gallons per tree, shall be performed at least once within every thirty (30) days during the months of May through October. The schedule for watering within the thirty (30) day increment will be determined by the Parks Department. Should excessive moisture conditions prevail, the owner may delete any or all of the additional watering cycles or any part of said cycles. The contractor shall not be relieved in any way from the responsibility for unsatisfactory plants due to the amount of supplemental watering. 3. Weeding: Weeds and grass growth shall be removed from within the earthen saucer of individual trees and from the area within the periphery of the mulched plant beds. this weeding shall be performed at least once during the months of May through October. The Parks Department will determine the weeding schedule. The contractor shall not be relieved in any way from the responsibility for unsatisfactory plants due to the extent of weeding. 4. The contractor shall guarantee all plant material for a period of one (1)-year from the date the plants are accepted by the Park Board. 5. All plant material, which dies within thirty (30) days after being planted, shall be replaced immediately and be considered as part of the original planting and subject to the guarantee period of one (1)year. Should the plant not be installed until a later date, the guarantee period shall take effect from the date of planting. 3.13.5. Mesic and Wet mesic areas After the initial mesic/wet-mesic seeding work is completed and all initial work has been completed satisfactorily according to the specifications, the following establishment and maintenance work shall be performed by the Contractor for a period of(3) years as outlined below: • Maintenance, including watering, mowing, herbicide application and burning will be required to assist the mesic/wet-mesic vegetation in growth and reduce the competition of weeds until all mesic/wet-mesic seeding has established and matured and been accepted by the owner. a. First Year 1. Weed Control • a. Review the site and treat all noxious weeds with a herbicide by a "wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed because of overspray and the drifting down of herbicide killing the mesic/wet- mesic species below the weeds.) b. When the mesic/wet-mesic vegetation reaches the height of twelve (12") inches, the Contractor shall mow it to a height of six (6") inches. No more than two mowings per season is necessary. (Mowing the site helps to control weeds and allows mesic/wet-mesic plants to compete. 2. Species Enrichment a. Overseed thin, bare, or weedy areas with the appropriate seed mix per seeding dates as specified. b. Plant herbaceous plugs for greater impact(optional). • b. Second Year 1. Controlled Burn a. Prepare and obtain a controlled burn permit from the IEPA in January. b. Conduct controlled burn in early spring. (Burning is necessary to reduce the non-native weeds while promoting the desired mesic/wet-mesic species.) Weather conditions may necessitate schedule changes. Such changes shall require owner approval. c. Review site and mow areas that did not burn. 2. Species Enrichment a. Overseed thin, bare, or weedy areas per seeding dates as specified. b. Plant herbaceous plugs for greater impact (optional). 3. Weed Control Review the site and treat all noxious weeds with a herbicide by a "wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed.) a. When the mesic/wet-mesic vegetation reaches the height of twenty-four - (24") inches, the Contractor shall mow it to a height of twelve (12") inches. Only one mowing per year is necessary. e. Third Year 1. Controlled Burn a. Prepare and obtain a controlled burn permit from the TEPA in January. b. Conduct controlled burn in early spring. Weather conditions may necessitate schedule changes. Such changes shall require owner approval. c. Review site and mow areas that did not burn. • 2. Species Enrichment a. Overseed thin, bare or weedy areas per seeding dates as specified. b. Plant herbaceous plugs for greater impact(optional). 3. Weed Control a. Review the site and treat all noxious weeds with a herbicide by a "wicking application" and hand weeding as appropriate once per month from May through September. (Herbicide by spray application will not be allowed.) b. When the mesic/wet-mesic vegetation reaches the height of twenty-four (24") inches, the Contractor shall mow it to a height of twelve (12") inches. Only one mowing per year is necessary. r,=\/=I nnnnCNIT CTAKIMARfS - Pn 75 3.13.6. Playground and Site Improvements Until acceptance by the Park Board, the Developer shall maintain any park improvements in a safe and clean condition, including inspections for dangerous objects, vandalism, and wear and tear. �,. n -,nnrz PARK DEVELOPMENT STANDARDS - Pg. 26 • APPENDICES Yorkville Land Donation Ordinance I j } . i UNITED CITY OF YORKVILLE BUDGET 2004-2005 GENERAL FUND SUMMARY PERIOD ENDING JULY 31, 2004 25% OF FISCAL YEAR REVENUE/EXPENSE THRU 2004-2005 PERCENT VS. JULY 31, 2004 BUDGET BUDGET AMOUNT V;4114'0-'' F 'AVM' "f,,t< W7 `" x •9 TOTAL.GENERAL�,FUND REVENUE 2,116,294 z10,78> , 59 f ' 19. 2 GENERAL FUND EXPENSES FINANCE &ADMINISTRATION 715,394 3,967,465 18.03% ENGINEERING 110,559 385,870 28.65% POLICE 482,471 1,881,291 25.65% BUILDING &ZONING 1,480 137,400 1.08% STREETS 261,786 3,923,110 6.67% HEALTH & SANITATION 78,602 493,123 15.94% t k, TOTAL GENR EAL FUND EXPS ENES ... ..,... ...W. a .u. ..,. ,.o. -.f tet., 9/9/2004 08/18/2004 14:22 FAX 630 553 5764 DANIEL J. KRAMER a002/002 . `,se,u CO- United City of Yorkville l� n :.'' A County Seat of Kendall County E611 B00 Game Farm Hoed • Vi Yorkville,Illinois 60560 01111744!.. , O Phone:630.553-4350 14.;2417." 2 Fax:630-553-7575 August 18,2004 • Traci Pleckham United City of Yorkville • 800 Game Farm Road . RE: Old Second National Bank—Yorkville—ACH Agreement Dear Traci: Please be advised that I have reviewed the above referenced agreement and find it in an acceptable form. If you have any questions please feel free to contact me. Very;My Yo s, Dan J. a6tZ. Attorney at Law • DJK/pdc Encl. RUG. 3.2004 10 32A OLD SECOND N0.004 P.2 -- AUTOMATED CLEARING HOUSE AGREEMENT This Agreement is made on July 29 ,2004 by and between The United City of Yorkville (the 'Company")and Old Second Bank, Yorkville,of Yorkville, Illinois(the"Bank"). RECITALS A. The Company desires to initiate Entries through the Bank for(i)deposit of funds to accounts of other parties maintained at the Bank and/or at other Participating Depository Financial Institutions, and/or (ii) the payment of funds from third parties'accounts at Participating Depository Financial Institutions to the Company's account(s)at the Bank, B. The Bank is a Participating Depository Financial Institution, and is willing to act as an Originating Depository Financial Institution with respect to Entries by the company,but only on the terms and conditions stated below. AGREEMENTS 1. Compliance with Rules end Laws;Limitation on ACH Piles, 1.1 The Company shall at all times comply with the Operating Rules (the "Rules") of the National Automated Clearing House Association ("NACHA"), both as they now exist and as they may be amended, modified or supplemented from time to time, The Company acknowledges receipt of a copy of the Rules. The Bank will inform the Company of revisions to the Rules of which the Bank has knowledge. 1.2 The terms of this Agreement shall in no way limit the Company's obligation to comply with the Rules. In some places,this Agreement refers to or summarizes certain Rules;however,those references to specific Rules do not mean or imply that the Company is excused from complying with any of the other Rules that are not specifically mentioned herein. 1.3 The Company specifically acknowledges that it may not originate any Entry that does not comply with the laws of the United States. This prohibition includes, but is not limited to, laws and regulations of the U.S. Treasury Department's Office of Foreign Asset Control ("OFAC") relating to transactions and/or Receivers (as defined below)that are the subject of economic sanctions or embargo programs or other similar restrictions. 1.4 The Company further specifically acknowledges that only the ACH files of the type identified on Schedule A will be accepted by the Bank for processing, subject to such modifications as may be agreed upon between the Company and the Bank pursuant to Section 253. 2. Definitions; Censtruction. 2.1 General Definitions. When they are used in this Agreement,the following terms have the meanings indicated: (a) ACH means Automated Clearing House,and includes any Automated Clearing House Operator. (b) Authorized ACH Representative means the employees or agents of the Company who are authorized to add, end and delete Entries and/or files on behalf of the Company and to provide instructions, P Y P requests and other communications to the Bank that are binding on the Company, as identified on Schedule B. (c) Business Day means a day on which the Bank is open to the public for carrying on substantially all of its business,other than a Saturday, Sunday or Federal Reserve Holiday. (d) Entry and Entries have the meaning provided in the Rules, and also mean the data received from the Company under this Agreement,from which the Bank prepares Entries. (a) Debit Entry means an Entry for the payment of funds from the account of a Receiver, I AUG. 3.2004 10:32AM OLD SECOND NO.004 P.3 (t) Credit Entry means an Entry for the deposit of funds to the account of a Receiver, (g) On-Us Entry means an Entry to or from a Receiver's account maintained at the Bank. (h) Effective Entry Date means the settlement date with respect to a particular Entry. (i) ODFI means Originating Depository Financial Institution. (j) RDFI means Receiving Depository Financial Institution. (k) Receiver means a party whose account(s)at the Bank or an ltDFI is/are credited or debited by means of Entries submitted by the Company. (I) Company Account means a depository account maintained by the Company at the Bank for the purpose, among others,of funding and receiving Entries. (m) ACH Processing Limits means the maximum amount of credit that the Bank will provide to the Company for settlement of Entries on any one day,as set forth in Schedule A and adjusted from time to time. (n) Schedule refers to the schedules attached hereto which are made a part of this Agreement. 2.2 Definitions from the Rules. Any terms that are not specifically defined in this Agreement shall have the meanings provided in the Rules. 2.3 Time. In this Agreement,all references to time are Central Time. 3, Processing,Transmittal and Settlement of Entries by the Bank. Subject to the provisions of Sections 4, 5 and 7, the Bank shall(a)process Entries received from the Company in accordance with the procedures and requirements set forth in this Agreement and the Rules; (b)as an ODFI,transmit such Entries to an ACH processor selected by the Bank in its sole discretion;and(c)settle such Entries as provided in the Rules. 4. Prerequisites to the Bank's_Daty. 4.1 Prerequisites Identified. The Bank shalt not be obligated to process, transmit or settle Entries unless ail the following requirements and conditions have first been satisfied or are waived by the Bank,in its sole discretion: (a) Delivery Requirements. The Company or its data processor has delivered the Entries to the Bank in compliance with the formatting and other requirements set forth in Schedule A. (b) ACH Processing Limit. The total dollar amount of the Entries delivered by the Company to the Bank for settlement on any one day do not exceed the pre-approved ACH Processing Limits. (c) Receiver Authorization, The Company has obtained from each Receiver an authorization to initiate one or more Entries to the Receiver's account. Such authorization must(a) have been obtained before the Company initiated the first Entry to that Receiver's account; (b) remain valid and not revoked at the time of each subsequent Entry; (c) relate to a Receiver whose arrangement with the Company has not been terminated; (d) be immediately available for inspection by the Bank upon its request; and (e) otherwise comply with the Rules. (d) Deadlines. The Entries must have been received by the Bank before the cut-off time on the applicable deadline. For Consumer Debit and Credit Entries,the deadline is at least two(2)Business Days prior to the Effective Entry- Date of such Entries. For Corporate Debit and Credit Entries,the deadline is at least one (1) Business Day prior to the Effective Entry Date of such Entries, The cut-off time for Entries processed by magnetic tape is 2:00 p,m. Central Time. For Entries processed by electronic transmission,the cut-off time is 2:00 p.m.Central Time. In addition, the Effective Entry Date for each Entry must be not more than 10 Calendar Days after receipt of the Entry by the Bank. 2 AUG. 3.2004 10:33AM OLD SECOND NO.004 P.4 (a) Sufficient Fun_ds. At the time of receipt from the Company of Credit Entries,the Company must have sufficient collected funds available in the Company Account to pay all Credit Entries that will be settled on any particular Effective Entry Date, together with all Adjustment Entries, fees and other amounts that the Company is obligated to pay the Bank under this Agreement. (I) Adherence to Processing Calendars. Entries must be received by the Bank on the dates indicated on the current ACH Processing Calendar on file with the Bank for the specific type of Entries being processed. The Company must submit ACH Processing Calendars to the Bank for a 12-month period upon the inception of this Agreement,and at least annually thereafter. (g) ACH Open. The ACH must be open for business on the Business Day that Entries are delivered to the Bank. 4.2 No Implied or Mandatory Waivers, Waiver of any of the prerequisites identified above shall always remain completely discretionary with the Bank. Waiver by the Bank of a prerequisite with respect to one or more Entries on one or more occasions shall not create a requirement or give rise to a presumption of future waivers with respect to other Entries, The Bank shall never be obligated to waive any of the prerequisites based on a pattern or practice of waivers, or based on any verbal agreements, understandings or representations that such Waivers would be made. 5. On-Us Entries. Except as provided in Section 7,the Bank Will credit or debit the Receiver's account for the amount of an On-Us Entry on the Effective Entry Date,if all requirements of Sections 4.1,4.through 4.1.e.are satisfied. 6. Processing of Late Entries. If the Company delivers Entries to the Bank that fail to meet one or more of the deadlines in Section 4,14., the Bank will use reasonable efforts to transmit such Entries to the ACH by its next available deposit deadline. In the case of On-Us Entries received after the applicable deadline,the Bank will use reasonable efforts to debit or credit the Receiver's account in the amount of such Entry on the next Business Day following the Effective Entry Date. 7, Resection of Entries 7.1 Authority to Reject, Notification. The Bank may reject any Entry for any reason. The Bank shall notify the Company of such rejection by no later than the Business Day after the Effective Entry Date for a rejected Entry. 7.2 No Liability for Resection. The Bank shall not be liable to the Company for(a)the rejection of an Entry,(b)the Company's failure to receive or delay in receiving notice given by the Bank, (c) the Bank's choice of one means of notification rather than another, or(d) the failure to give notice of the rejection to the Company at an earlier time than provided herein, The Bank shall not be required to pay the Company interest or any other losses relating to a rejected Entry. 8. Cancellation or Amendment of Entries, The Company shall have no right to cancel or amend an Entry after it has boon delivered to the Bank. Any request for cancellation or amendment of an Entry must be accompanied by a Reversal/Cancellation Request form and signed by an Authorized ACH Representative. If such a request is received by the Bank before the affected Entry has been transmitted to the ACH (or, in the case of an On-Us Entry, before the Receivers account has been credited or debited), the Bank will use reasonable efforts to cancel or amend the Entry as requested,but the Bank shall have no liability if the cancellation or amendment is not affected. 9, Reversals of Entries. 9.1 General Procedure. Upon proper and timely request by the Company, the Bank will use reasonable efforts to effect a reversal of an Entry or File. To be"proper and timely," the request must (a)be made within five (5) Business Days of the Effective Entry Date for the Entry or File to be reversed; (b) be accompanied by a Reversal/Cancellation Request form, signed by an Authorized ACH Representative; and (c) comply with all of the Rules. In addition, if the Company requests reversal of a Debit Entry or Debit File, it shall concurrently deposit into the Company Account an amount equal to that Entry or File. 9.2 No LiabiIity;Reimbursement to the Bank. Under no circumstances shall the Bank be liable for interest or related losses if the requested reversal of an Entry is not effected. The Company shall reimburse the Bank for any 3 AUG.. 3.2004 10:33AM OLD SECOND NO.004 P.5 expenses,losses or damages it incurs in effecting or attempting to effect the Company's request for reversal of an Entry. 10. Notice of Returned Entries, The Bank shall notify the Company of the receipt of an Entry returned by the ACH no later than one(1)Business Day after the Bank's receipt of the returned Entry. Unless otherwise agreed to in writing,the Bank shall have no obligation to re-execute or retransmit a returned Entry. 11, Provisional Credit. For any Debit Entry originated on behalf of the Company,the Bank shall have the right to defer any corresponding credit to the Company Account until the Bank receives final settlement for the Debit Entry. Any credit provided prior to final settlement shall be provisional only. Upon receiving notice that final settlement of a Debit Entry has not occurred, the Bank shall have the right to immediate repayment of such credit from the Company. In addition, upon receiving notice that any Debit Entry has been returned or rejected, the Bank shall have the right to immediate payment from the Company to the extent it has previously received credit for the returned or rejected Debit Entry. 12. Company's Relationship With Receivers. 12.1 Credit fIntries Are provisional. Under the Rules, a Credit Entry is a provisional payment by the RDFI to the Receiver until the RDFI receives final settlement for the Credit Entry. The Company acknowledges that it has received, reviewed and agrees to be bound by that Rule. Accordingly, if a final settlement is not received with respect to a Credit Entry initiated by the Company, the RDFI will be entitled to a refund of the amount it has credited to the Receiver's account,with the result that the Company will not be deemed to have paid the Receiver for the amount of the Credit Entry. 12.2 Receiver's Riaht tp Refund of Debit Entry. Under the Rules, a Receiver has the right under certain circumstances to obtain a refund of funds debited from the Receiver's account pursuant to a Debit Entry, The RDFI, in turn, has the right to obtain payment of the amount of that Debit Entry from the Bank, as ODFI, by transmitting an adjustment Entry in the amount of such refund (an "Adjustment Entry''). The Company acknowledges that it has received, reviewed and agrees to be bound by the Rules governing refunds of Debit Entries and application of Adjustment Entries. The Company further agrees to pay the Bank the amount of any Adjustment Entry upon its receipt by the Bank. With respect to a refunded On-Us Debit Entry, the Company will immediately pay the Bank the amount of such refund, 12.3 Prenotification. The Company may deliver to the Bank a prenotification in a format and in the medium set forth in Schedule A and/or prescribed by the Rules, to be transmitted to the RDFI at which a Receiver's account is held,within the time limits set forth in the Rules. If the Company receives notice that such prenotification has been rejected by the RDFI within the prescribed period, the Company shall not initiate any corresponding Entry until the cause far rejection has been corrected and another prenotification has been submitted to and accepted by the RDFI. 12.4 Company's Notice of Changes to Consumer Receivers. (a) If the amount of a Debit Entry to a Receiver's account varies in amount from the previous Debit Entry relating to the same authorization or pre-authorized amount, the Company shall send the Receiver written notice of the amount of such Debit Entry and its Effective Entry Date. The notice must be sent at least ten (10) Calendar Days before the Effective Entry Date of the Debit Entry. However, such notice is not required if the Receiver has previously been notified of its right to receive such notice and has elected to receive such notice only when the Debit Entry does not fall within a specified range of amounts or varies from the most recent Debit Entry by more than an agreed amount. (b) If the Company makes any change in the scheduled Effective Entry Date of one or more Debit Entries, the Company shall send the Receiver a written notice of the new Effective Date, Such notice must be sent at least seven (7) Calendar Days before the Effective Entry Date of the first Debit Entry to be effected by the change. (c) The notice requirements in this Section 12.4 apply only to the extent mandated by the Rules, and only to Receivers who are entitled to such notices under the Rules. In the event of any inconsistency between this Soction 12.4 and the Rules,the provisions of the Rules shall govern. 4 RUG. 3.2004 10:33RM OLD SECOND NO.0D4 P.6 13. Inconsistent Entries. 13.1 Inconsistency Between Name and Account Number. If an Entry transmitted by the Bank to an RDFI describes the Receiver inconsistently by name and account number, the RDFI might make payment solely on the basis of the account number, even if it identifies a party different from the named Receiver. The Company understands and acknowledges that its obligations to pay the amount of the Entry are not excused by such circumstances, 13.2 Inconsistency Between RDFT Name and Transit/Routing Number. If an Entry describes the RDFI inconsistently by name and transit/routing number, the Entry might be received by an RDFI on the basis of the transit/routing number even if it identifies an RDFI different from the named RDFI. Such RDFI might process the Entry on the basis of the account number contained therein, The Company understands and acknowledges that its obligations to pay the amount of the Entry are not excused by such circumstances. 14. Security Procedures. 14.1 Purim: of Security Procedures. The Company agrees that the purpose of Schedule B is to verify the authenticity of the Entries submitted to the Bank in the name of the Company and not to detect an error in the content of any Entry, No security procedure for the detection of such errors has been agreed upon by the Company and the Bank. 14.2 Protection of Security Procedures. (a) The Company has the sole responsibility to establish and maintain procedures to adequately safeguard against unauthorized Entries; provided,however, that the Company shall, at a minimum, comply with the security procedures set forth in Schedule C. (b) The Company warrants that no individual will be allowed to initiate Entries in the absence of proper supervision and safeguards, and the Company will take responsible steps to maintain the confidentiality of any passwords, codes, security devices and related instructions provided by the Bank in connection with the services agreed to hereunder. If the Company believes or suspects that any security information or instructions are known or have been accessed by unauthorized persons, the Company shall notify the Bank immediately. (c) The Company may add or delete any Authorized ACH Representative(s) at any time by a properly executed amendment to Schedule B,which shall be effective on the second Business Day following the Bank's receipt of it, The Company must immediately provide a revised Schedule B to the Bank as changes occur which require that Authorized ACH Representatives be added or deleted in order to ensure continuod security. 14.3 Magnetic Tapes, All magnetic tapes must be accompanied by a properly executed ACH Transmittal Register, The ACH Transmittal Register must be signed by an Authorized ACH Representative, 14.4 Unauthorized Entries. An Entry (including a request for cancellation or amendment of any Entry) or other communication delivered to the Bank that purports to have been submitted or authorized by the Company in accordance with the Rules shall bo effective and binding upon the Company even if the Entry was not in fact authorized by the Company, provided the Bank has accepted the Entry in compliance with Schedule B and has acted in good faith. 14.5 Authorized Entries. If an Entry received by the Bank was submitted or authorized by the Company, it shall be effective as the Company's Entry, whether or not (a) the Bank complied with Schedule B with respect to that Entry,(b)that Entry was erroneous in any respect,(c)the error,if any, could have been detected by the Bank,or (d)the Bank processed,transmitted or settled the Entry even though one or snore of the prerequisites of Section 4 were not satisfied. 14.6 Notice to the Bank and Receivers. If the Company discovers an erroneous or unauthorized Entry,the Company will immediately notify the Bank and the affected Receiver(s). Upon receiving such notice, the Bank will use reasonable efforts on behalf of the Company to correct the Entry in a manner consistent with the Rules. If the 5 AUG. 3.2004 10:33AM OLD SECOND NO.004 P.7 Company fails to notify the Bank or the affected Receiver of an erroneous Entry, the Company will be liable for any losses the Bank may incur. 15. The Company's Account at the Bank. 15.1 Credit Entries. On any particular day, the Company shall have sufficient collected funds available in the Company Account to pay the amount of all Credit Entries originated by the Company for which that day is the Effective Entry Date,together with all Adjustment Entries,fees and other amounts that the Company is obligated to pay the Bank under this Agreement. 15.2 Debit Entries. The Company shall at times have sufficient collected funds in the Company Account to pay the amount of all returned or reversed Debit Entries,in addition to the amounts stated in Section 15.1. 15.3 Right of Setoff; Other Remedies. The Bank may, without prior notice, obtain payment of any amount due and payable to it under this Agreement by debiting the Company Account or any other account maintained by the Company with the Bank or any of its affiliates, and may also credit the Company Account for any amount to which the Company is entitled under this Agreement, If there are insufficient funds available in the Company Account or any such other accounts to pay any amount that the Company owes to the Bank under this Agreement, the Company shall pay any amounts due immediately upon demand, If the Company fails to pay when demanded, the Bank may exercise any remedies or rights it has under this Agreement and/or applicable law. 15.4 Account Statements; Notices 4f Entries, In accordance with the Rules,the Bank is not required to and will not provide the Company or Receiver(s)with notice of the receipt or execution of individual Entries. Entries and other debits and Credits to the Company Account will only be reflected on the periodic statement for the Company Account. The Company must notify the Bank within a reasonable time (not more than 15 days after the Bank mailed or otherwise made the periodic statement available)of any unauthorized or erroneous Entries or any other discrepancy or error on the periodic statement. After this time the statement will be conclusively presumed to be correct, The Bank shall not be Iiable for any interest or related issues resulting from the Company's failure to give such notice. 16, Company's Representation And Warranties. For each Entry that the Company delivers to the Bank, the Company represents and warrants that (a) the Entry complies with the terms of this Agreement and the Rules; (b) there has not been and shall not later be any breach of any warranty by the Company as an Originator; (c) the Company has not breached any warranty contained in this Agreement or the Rules; and (d) the Entry complies With all Weal, state and federal regulations, including but not limited to Regulation E - The Electronic Fund Transfer Act, the Uniform Commercial Code,and all OFAC regulations and policies. 17. Payment for Bank Services, The Company shall pay fees to the Bank for the services provided by the Bank under this Agreement in accordance with rate schedules, which may change from time to time. Such charges do not include payment of any sales, use, excise, value added, utility, or other similar taxes relating to the services provided for under this Agreement, all of which shall be the sole responsibility of the Company. Fee schedules may be changed by the Bank upon thirty(30)Calendar Days'prior notice to the Company. 18. Liability of The Bank; Limitations of Liability. 18.1 Performance of the Bank. The Bank shall be responsible only for performing the services it expressly agrees to perform in this Agreement,subject to all of the limitations provided herein, 18.2 No Liability for Acts/Omissions of Others. The Bank shall not be responsible or liable for (a) any acts or omissions of the Company, including withoutlimitation, the amount, accuracy, timeliness of delivery or Receiver authorization of any Entry delivered by the Company,or(b)any acts or omissions of any other person, including without limitation, NACHA, any Federal Reserve Financial Institution, any AC1I or transmission or communications facility, any data processor company,any Receiver or any RDFI. No such person or entity shall be deemed the Bank's agent. 18.3 No Liability Regarding Unsecured E-Mail Transmissions. While Old Second National Bank will use commercially reasonable efforts to direct emails to the addressee,the Company hereby acknowledges that there 6 AUG. 3.2004 10:34AM OLD SECOND NO.004 P.B are risks inherent in the transmission of information,including without limitation financial information,to and/or from Old Second National Bank via unsecured e-mail. Said risks include without limitation the risk that third parties may intercept and view this information. The Company hereby accepts any and all risks resulting from, associated with, and/or arising out of the transmission of information via unsecured email and hereby releases Old Second National Bank from any liability resulting therefrom, This release shall be continuing and shall cover any and all mails sent and/or received. 18,4 Mmit on Damages. The Bank shall be liable only for direct damages caused by its gross negligence in performing agreed-upon services. In no event shall the Bank be liable for any consequential, special,punitive,or indirect loss or damage, which the Company may incur or suffer in connection with this Agreement, including without limitation, any loss or damage from subsequent wrongful dishonor resulting from the Bank's acts or omission in performing its services under this Agreement. 18.5 Uncontrollable Events; Contrary laws. The Bank shall not be responsible for any failure to act or delay in acting if such failure is caused by legal constraint,the interruption of transmission or communications facilities, computer malfunction or equipment failure, war, emergency conditions, or other circumstances beyond the Bank's reasonable control. In addition, the Bank shall be excused from any failure to transmit or Any delay in transmitting an Entry if such transmittal would, in the Bank's reasonable estimation, result in the Bank having violated any policy or provision of any present or future risk control program of the Federal Reserve,or any Rule or regulation of any other governmental or regulatory authority. 18.5 interest. Subject to the foregoing provisions of this Section, in the event the Bank is found to be liable for any direct damages caused by gross negligence, any liability which the Bank may have for loss of interest for an error or delay in performing its services hereunder shall be calculated by using a rate equal to the Average Federal Rinds Rate of the Federal Reserve Bank of New York for the period involved. 19. rndempifieation. The Company shall defend, indemnify, and hold harmless the Bank,and its officers, directors,agents, and employees, from and against any and all actions,costs,claims, losses, damages, or expenses,including attorney's fees and expenses,resulting from or arising out of(a)any breach of any of the agreements,representations or warranties of the Company contained in this Agreement; or (b) any act or omission of the Company or any other person acting on the Company's behalf; including but not limited to the parties described in Section 18,2, 20. Termination, 20.1 By the Sank. The Bank may terminate this Agreement at any time without reason by notifying the Company. ° The Bank may terminate this Agreement without notification if the Company breaches any of its obligations under this Agreement or the Rules. 20,2 By the Company. The Company may terminate this Agreement at any time upon ten(10)Business Days'prior written notice to the Bank. 20.3 Effect of Termination, Termination of this Agreement shall not affect any of the Bank's rights or the Company's obligations hereunder with respect to any Entries initiated by the Company prior to such termination. Termination of this Agreement does not relieve the Company of its obligations under Sections 17, 19, 21 or 22 of this Agreement,which shall remain enforceable by the Bank. 21. Confidentiality. The Company acknowledges that it will have access to certain confidential information regarding the Bank's execution of Entries,related security procedures,and the services contemplated by this Agreement. The Company shall not disclose any confidential information of the Bank and shall use such confidential information only in connection with the transactions contemplated by this Agreement, 22. Treatment of Tapes and Records. 22.1 Retention by the Company. The Company shall retain every Receiver authorization, and all other documents relating to any Entries submitted or made pursuant to such authorization, for a period of two (2)years after the authorization is terminated. 7 AUG. 3.2004 10:34AM OLD SECOND NO.004 P.9 22.2 Dank Access to Documents and Records, On request by the Bank for any reason, the Company shall make available any Receiver authorizations or other documents in its possession relating to Entries originated by the Company and processed by the Bank. 22.3 Other Records Use by the Bank. All magnetic tapes, Entries, security procedures and records used by the Bank for transactions contemplated by this Agreement shall be and remain the property of the Bank. The Bank may, in its sole discretion,make such information available upon the Company's request. The Company shall pay the Bank for any expenses it incurs in making such information available to the Company, or to a third party at the Company's request. 23. Instructions arud Notices. 23.1 BankEntitled to Rely. The Bank shall be entitled to rely and act upon any verbal or written notice, response, request or other communication believed by the Bank to be genuine and provided by an Authorized ACH Representative whose name is set forth in Schedule B, Any such communication shall be deemed to be genuine and to be provided by such person on the Company's behalf. 23.2 No General Duty, Except as otherwise expressly provided in this Agreement,the Bank shall not be required (a) to act upon any notice or instruction received from the Company or any other person,or(b)to provide notice or advice to the Company or any other person with respect to any matter. 23.3 Data Processor as Company's Agent. Each data processor identified on Schedule A shall be deemed to be the agent of the Company. Any Entry or other information or communication that the Bank receives from or transmits to such data processor shall be deemed to have been received from or transmitted to the Company, 23.4 Means of.Notice to the Banti. Except as otherwise provided herein,any notice to the Bank under this Agreement must be in writing and either faxed, delivered by messenger or express carrier,or sent by U.S.mail,to the Bank at 37 S.River Street,Aurora,IL 60506,Atm: Transaction Processing Department,unless the Bank provides the Company with a substitute address in writing. Any notice shall be deemed given to the Bank when it is actually received by the Bank. 23,5 Means and Meaning of Notification by the Bank. Whenever this Agreement provides for the Bank to "notify" the Company or give"notification" or "notice"to the Company,that requirement may be satisfied by telephone, facsimile, electronic transmission(including "e-mail"), messenger or express carrier delivery, or the U.S. mail. Notification shall be deemed given to the Company(a)in the case of telephone communication,upon verbally conveying the required information to an employee of the Company or by leaving a voice-mail or other recorded message;(b)in the case of facsimile or electronic transmission,upon transmission of the regyired information by the Bank;and(c)in the case of writing,upon its receipt at the Company's place of business. 24. Financial Information. The Bank may from time to time request financial information from the Company in order to evaluate a continuation of services under this Agreement and/or adjustment of the ACH Processing Limits, The Company agrees to provide the requested financial information immediately, of the type and in the form required by the Bank. If the Company refuses to provide the requested financial information, or if the Bank concludes in its sole discretion that the credit risk of the Company is unacceptable, the Bank may terminate this Agreement as provided in Section 20. 25. General Provisions, 25.1 Entire Agreement. This Agreement and the Schedules attached hereto constitute the entire agreement between the Bank and the Company,and supersede all prior agreements or understandings,written or verbal. In the event there is any inconsistency between this Agreement and the Bank's Terms and Conditions for Deposit Accounts or the Depository Agreement,the terms of thin Agreement shall govern, 25.2 Amendment by the Bank. Fxcept as provided in Section 17,the Bank may amend this Agreement from time to time upon written notice to the Company, In the event that performance of services under this Agreement would result in a violation of any present or future statute, regulation or governmental policy to which the Bank is subject,then this Agreement shall be amended to the extent necessary to comply with such statute,regulation or policy. Alternatively, the Bank may terminate this Agreement if it deems such action necessary or appropriate 8 AUG. 3.2004 10:34AM OLD SECOND NO.004 P.10 under the circumstances. The Bank shall have no liability to the Company as a result of any such violation, amendment or termination. 253 No Other Modifications. Except as provided in Sections 17 and 25.2, this Agreement may only be modified or amended by writing, sired by both parties. Any practices or course of dealings between the Bank and the Company, or any procedures or operational alterations used by them, shall no constitute a modification of this Agreement or the Rules,nor shall they be construed as an amendment to this Agreement or the Rules, 25.4 AssignmentLBindina on Parties and Successors, The Company may not assign its interest or rights under this Agreement without the prior written consent of the Bank, and any purported assignment in violation of this Section shall be void. This Agreement shall be binding upon and effective for the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. This Agreement is not for the benefit of any other person or entity, and no other person or entity shall have any rights against the Bank or the Company hereunder, 25.5 Fee Schmale. For the services to be provided by the Bank to the Company hereunder,the Company shall pay to the Bank, upon receipt of an invoice therefor, fees in accordance with the Fee Schedule attached hereto as Schedule D. The Bank may change its fees from time to time upon notice to the Company. 25.6 Headings. The headings used in this Agreement are for convenience only, and shall not be construed as part of the parties'agreements and understandings. 25.7 Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Illinois. Fnr Customer: Old Second Bank-Yorkville Company: The United CiW Of Yorkville Name: Arthur F. Prochaska Jr. Name: Josh Matzen Title: Mayor Title: Retail Sales Officer Signature: Signature: Date: Date: 9 AUG. 3.2004 10:34RM , OLD SECOND NO.004 P.11 SCHEDULE A ACH File Profile(s)&Prneessine Limits ACH File Profile(,) Content(Prenotes and Entries)of the media must comply with the NACHA format. *Type of File: Enter payroll,tax payments,customer debits or funds transfer "Funding Acct Number: Enter the account#from which funds are drawn for payroll or tax payment batches or n/a if not applicable *Fee Acct Number: Enter the account number to which processing fees are charged, *Max File Dollar Amt: Enter the maximum dollar amount of this type of file for any one given transmission(The total dollar amount of the file). *Max Record Dollar Amt; Enter the maximum dollar amount of any one individual record entry for any one given transmission. "Company's Fed Tax ID: Enter the company's Federal Tax Identification Number for this file. * Denotes required. 8 Type of File FundiLAcct Number Fee Acct Number Max Pile$Amt Max Record$Amt Comp.Tax ID# ❑ Magnetic Tape ❑ Telephone Transmission ❑ PC Transmission ❑ Internet Upload • Type of File Funding Acct Number Fee Acct Number Max File$Amt Max Record$Amt Comp_Tax IDI ❑ Magnetic Tape ❑ Telephone Transmission ❑ PC Transmission 0 Internet Upload Type of File Funding Acct Number Fee Aect Number Max File S Amt Max Record S Amt Comp.Tax ID# ❑ Magnetic Tape 0 Telephone Transmission ❑ PC Transmission 0 Internet Upload DAILY ACH PROCESSING LIMITS DESIGNATED DATA PROCESSOR The total dollar amount of Entries transmitted by Company to the Complete this section only if your company authorizes Bank that will settle on any one day shall not exceed the a third-party processor or accounting firm to process Processing Limits listed below. ACH transactions on your behalf. FED Tax ID Total Daily ACH Processing Limit Company: # $ Name: # $ Title: # $ Signature; Date: For Customer: Old Second Bank-Yorkville Company: The United City of Yorkville Name: Arthur F.Prochaska Jr. Name: Josh Arntzen Title: Mayor - Title: Retail Sales Officer Signature: Signature: Date: Date: 10 AUG. 3.2004 10:34AM OLD SECOND NO.004 P.12 SCHEDULE B Authorized ACH Representatives Authorized ACH Representative The undersigned certifies that the individuals luted below are the Authorized ACH Representatives of this Company, These ACH Representatives are authorized to add,amend,and delete entries and/or files, The Company has the responsibility for establishing and maintaining procedpres to adequately safeguard against the unauthorized initiation of Entries. Name: Telephone: Signature: (Please Print Clearly or Type) x x x Emergency Contacts Below are key contracts for the Bank to call in the event of a processing emergency. Name: Department: Daytime Telephone: Evening Telephone: 8 an,to S ..m. CT S ..m.to 12 midni:h CT Company Information Company Address: 800 Game Farm Road City: Yorkville State: IL Zip:60560 Telephone#: 630-5514150 Fax#: 630-553-7575 Modem#: (required for computer transmission) _ For Customer; Old Second Bank-Yorkville Company: The United City of Yorkville Name: Arthur F. Prochaslca Jr, Name: Josh Arntzen Title: Mayor Title: Retail Sales Officer Signature: Signature: Date: Date: 11 AUG. 3.2004 10:34AM OLD SECOND NO.004 P.13 SCHEDULE C Security Procedures Company shall disclose the direct telephone number of the Bank's ACH System only to employee(s) responsible for data transmission. Company shall disclose its secret access code only to the employee(s)responsible for data transmission, Company shall disclose its secret password(s)only to employee(s)responsible for data transmission. Company is responsible for maintaining(changing)its password(s)on a regular basis or in the event of employee termination. Only the following authorized Company employee(s)are to transmit Entries to the Bank. Only the following authorized Company employee(s)are permitted to request deletion of transmitted Entries to the Bank. Company is to notify the Bank immediately upon its knowledge of any unauthorized personnel who may have gained access to the Bank's transmission phone number, Company's access code(s)or Company's password(s). For Customer: Old Second Bank-Yorkville Company: The United City of Yorkville Name: Arthur P. Prochaska Jr. Name: Josh Arnt7,en Title: Mayor Title; Retail,Sales Officer Signature: Signature: Date: Date: 12 AUG. 3.2004 10:34AM OLD SECOND NO.004 P.14 SCHEDULE D Fee Schedule Computer Transmission:. Software Licensing/Start Up Fee $150.00 Additional Software Training(if needed) $ 20.00 per hour Touch Tone Telephone Transmission: Start Up Fee $ 25,00 f / Internet Upload: ((( Start Up Fee $ 25.00 IA Per Transmission $ 2.00 surcharge to Per Transmission fees below Per Transmission/File Fees: Per Transmission or File—PPD (i.e.Payroll Direct Deposit,Customer Direct Debit) $ 5,00 Per T ansmission or File—CCD (i.e.Federal Tax Payments,Cash Concentration) $ 1.00 Per Transaction Originated $ ,10 Per Prenotification Originated $ .10 Electronic Lockbox: Start Up Fee $150.00 Website Customization/Linking per quote Per Transmission Received per quote For Customer: Old Second Bank-Yorkville Company: The United City of Yorkville Name: Arthur F.Prochaska Jr. Name: Josh Arntzen Title: Mayor Title: Retail Sales Officer Signature: Signature: Date: Date: 13 AUG. 3.2004 10:35RM OLD SECOND NO.004 P.15 OLD SECOND—BUSINESS ACH SETUP FORM Company Name: Address; City: State; Zip: Company Tax MO: Primary Contact Telephone#: Modem#: Fax#: E-mail: Company will submit info via Touch-tone phone Modem Internet Upload Funding Account#: Checking or Savings(Circle one) Fee Account#: Checking or Savings(Circle one) PLEASE ATTACH YOUR TRANSACTION SETUP FORM AND YOUR ACH PROCESSING SCHEDULE IR COMPANY IS SUBMITTING INFORMATION Via TOUCH-TONE TELEPHONE. BANK USE ONLY **************1.0************w*****************s**war **s***i***********'M*'M*********1,*s************r0*aw*wt* COMPANY ID#: ACCESS CODE: _ IDENTIFICATION PASS WQRD: POSTING PASSWORD: PER FILE LIMIT: $ PER TRANSACTION LIMIT: $ **REQUIRED W° ACCOUNT OFFICER; 14 tj NORTHERN ILLINOIS " „ UNIVERSITY /1 - 9/8/2004 COOPERATIVE EDUCATION/INTERNSHIP PROGRAM Tony Graff CAMPUS LIFE BUILDING 240 DEKALB, ILLINOIS 60115-2875 Will perform special projects as directed (815) 753-7138 800 Game Farm Rd. FAX (815) 753-7190 Yorkville, IL 60560 Dear Tony vr.zf(: RE: Position - Administration Graduate Assistant Job Num - 2960 Enclosed is a Training Agreement for the Northern Illinois University student hired by your company. Should you hire more than one student for this position there will be a Training Agreement for each student. This position is related to the students' academic major or career path. Return the Training Agreement with your required signature so we can document this experience on the students' transcripts. Additional reasons we must have a signed Training Agreement are as follows: * International Students need to confirm their employment as career related in order to validate their work status on their visas. * Students request documentation of positions they have personally obtained. Make any changes you deem necessary directly on the Agreement. Please direct any inquiries to-Setphanie K izenga at(815 753-7639 /639 Sincerely, Daniel J. Bingley Coordinator Enclosed: Training Agreement(s) Northern Illinois University is an Equal Opportunity/Affirmative Action Institution. Northern Illinois University Fax: (815)753-7190 Cooperative Education/Internship Program Campus Life Building 240 DeKalb,IL 60115 (815)753-7138 Please sign and return this document to our office immediately. Training Agreement Cooperative Education/Internship Program Student Information Bartholomew Olson SSN: 356787267 101 Appletree Ct Yorkville, IL 60560 Majors: MPA,POLS Permanent Phone: (630) 553-0582 Local Phone: (630) 553-0582 Co-op Employer Information Village of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Contact: Tony Graff Phone: 630-553-4350 Job Information Title: Administration Graduate Assistant 2960 Description/Duties: Will perform special projects as directed by the City Administrator such as researching other municipalities on specific problems or programs;work directly with the office staff to create a very detailed,easy to read and follow,job manuals; assist in monitoring and preparing the budget;review and recommend language changes in various regulations as directed by the City Administrator;produce some letters and spreadsheets on the Lotus software as directed by the City Administrator;perform other jobs tasks as directed by the City Administrator. Semester Year Credits Start Date Finish Date Pay Rate Hours/Week Fall 2004 0 08/10/2004 12/10/2004 0 Fall 2005 0 08/10/2005 12/10/2005 0 Spring 2005 0 01/10/2005 05/10/2005 0 Summer 2005 0 05/10/2005 08/10/2005 0 Spring 2006 0 01/10/2006 05/10/2006 0 Summer 2006 0 05/10/2006 08/10/2006 0 THE CO-OP EMPLOYER AGREES:to coordinate the student's assigned duties so that the work will be related to the student's academic degree program and/or career objectives;supervise the student;evaluate the student's performance at the end of every work assignment utilizing forms provided by the University or the employer;provide the student the same consideration of health,safety and working conditions accorded other full-time employees that are consistent with industry/business,state,and federal regulations and laws. Should any disciplinary action be required please notify our office immediately. Employer Signature Date Daniel J.Bingley 9/9/2004 • tir MEMORANDUM TO: Anton Graff V. FROM: Vicki Clarke uz MPA Coordinator DATE: September 14, 2004 DIVISION OF PUBLIC MPA Interns ADMINISTRATION As we begin a new academic year, let me first thank each of you for playing a DEKALB, ILLINOIS vital role in the success of the MPA program as intern supervisors. This spring and 60115-2854 summer I was able to visit 27 internship sites and I plan on conducting additional site visits this fall. I have seen the responsibilities given to interns and am glad to (815) 753-0183 see that so many of you encourage your interns to become integrally involved in projects that enhance their classroom learning. These have included citizen surveys, budget research,participation in department meetings and board meetings, grant proposals, contract negotiations, citizen response letters, and purchasing. It is important that interns are treated as members of the staff and are, therefore, given responsibilities that are challenging. I encourage you to give your interns responsibility for long-term projects where they will gain experience with planning, analyzing, report writing, and presenting to the council/board. In addition, mentoring is extremely important to an intern's professional growth; keep scheduling regular meetings with the interns so they have your feedback, and explaining your strategies for dealing with elected officials so they can benefit from your experiences. I look forward to hearing about the projects your interns are working on this year in my future visits with you and your colleagues. As a reminder, MPA interns are required to attend four professional development activities each semester. Five activities are available through our program this fall. A professional meeting such as an IAMMA or ILCMA meeting, or other professional seminar, may also count toward the professional development requirement. Please review the enclosed schedule of workshops for the Fall 2004 semester with your intern so you may plan your schedules around these activities. We appreciate your flexibility with regard to these events. We sincerely value your dedication to and support of our MPA internship program at Northern Illinois University. You are an important part of our success! Northern Illinois University is an Equal Opportunity/Affirmative Action Institution. FALL 2004 SCHEDULE Comprehensive Exams(computer lab will be closed all day) Saturday, October 9, 2004, 8:30—3:30 p.m. '".11t Student Advising Weeks with MPA Coordinator Vicki Clarke „ October 18-29, 2004, 8:30—4:30 p.m. te; PROFESSIONAL DEVELOPMENT ACTIVITIES Please mark your calendars now and plan to attend these workshops! 1) New Student Orientation (MANDATORY for first-year students) Wednesday,August 18,2003,8:30- 4:30 p.m.,IASBO Building 2) Local Economic Development: Marketing Your Community Fall Colloquium(MANDATORY) Friday, Sept.24, 1:15 -3:30 p.m. Sky Room,Holmes Student Center William IL Hudnut,III holds the Joseph C. Canizaro Chair for Public Policy at the Urban Land Institute in Washington, DC. Former four-term mayor of Indianapolis and Congressman, author, public speaker, TV commentator, and think-tank fellow, Hudnut is dedicated to promoting quality land use and influencing public policy through research and education. Hudnut's research includes The Hudnut Years in Indianapolis, 1976-1991,Halfway to Everywhere: A Portrait of America's First-Tier Suburbs, and Cities on the Rebound. 3) The New GAO: US Government Accountability Office Wednesday,September 29, 1:00—2:30 p.m. IASBO Building, Executive Board Room GAO Comptroller General David M. Walker, is returning to the NIU campus to talk with our students and faculty about the recent changes in the GAO,the future of accountable government, and job opportunities with the agency. GAO's mission is to help improve the performance and assure the accountability of the federal government for the benefit of the American people. 4) Urban Sprawl and the Impact on Chicago and its Suburbs Workshop Friday,October 15,3:00- 5:00 p.m.Diversions Room,Holmes Student Center James LaBelle (MPA '79),Deputy Director of Chicago Metropolis 2020, leads policy development in the areas of freight, land use, growth, and transportation. He has served as executive director of Business Leaders for Transportation, a regional coalition led by Chicago Metropolis 2020;the Metropolitan Planning Council: and the Chicagoland Chamber of Commerce. Prior to joining Chicago Metropolis 2020,Mr. LaBelle was an elected member of the Lake County Board for 20 years, and was also president of the Lake County Forest Preserve District. He will be on campus to discuss regional issues. As he says, "We are one region with one future. If we continue to act locally—pitting the suburbs against the city or one town against another—on issues that are inherently regional, we will jeopardize our economic competitiveness and quality of life." 5) Public Management Ethics and the Gift Ban Law Workshop Monday,November 8, 1:30—3:30 p.m. at the Village of Western Springs, 740 Hillgrove Avenue John Murphey,partner at Rosenthal, Murphey and Coblentz, and Mark Morien(MPA '83),Village Manager in Northfield, will speak about the Gift Ban Law and the implications for professional, ethical management. The Village Hall is located at 740 Hillgrove Avenue, Western Springs IL. Interns may attend one(1)professional meeting(such as ILCMA, IAMMA, or GFOA)to meet the professional development requirement. If in doubt as to whether a meeting qualifies as a professional development activity, please call Vicki in advance to verify. Mandatory activities may not be replaced with outside professional meetings. Please turn in your activity form within 72 hours of the event—the form must be postmarked within 72 hours of the activity date if you mail it(faxes will not be accepted under any circumstances). I4 k '� - s. l it i 1 " � ° co.y` UNITED CITY OF YORKVILLE MEMO o 800 Game Farm Road " Yorkville, Illinois 60560 EST.114rHei f$3$ is -4 � Telephone: 630-553-4350 °� ,� o , Fax: 630-553-7575 1,4 County KendAt 4LE 'vim To: Alderman, Mayor, Treasurer, Clerk, Staff Subject: Salary Survey Results and Meeting Length Information The description of meeting length times for the communities in the Salary Survey for Elected Officials was compiled from email and phone conversations with various Mayors and Aldermen from the Salary Survey for Elected Officials. Communities that have officials that are paid per meeting Batavia— All meetings last between 1 —3 hours depending on subject, (2) Council usually 1 — 1.5 hours, (As needed, usually once a month) Committee meetings usually last about 1 hour, but regularly go to 3 hours with important issues Channahon— (2) Village Board meetings that include a 1 hour COW session before each meeting, lasts Geneva— (2) Council/ (2) COW meetings last 1 —3 hours, the Alderman I spoke with is on 6 committees that meet on a regular basis (1 definite, some 2 times per month) Minooka— (2) Council meetings and (2) committee meetings (paid for Council only) usually last 1 —3 hours, Mayor attends 16 meetings per month Oswego — (2) Council / (2) COW meetings last about 2 hours, sometimes between 3 —4 hours, (as needed) Committee meetings last less than 1 hour, (1) Community Development meetings 2—3 hours Plainfield— (2) Council meetings last from 2—4 hours, and (2) COW lasts 1 —2.5 hours Plano— (2) Council meetings usually last 1 — 1.5 hours, (1) COW meetings 2—2.5 hours, and (2) committee meetings Shorewood— (2) Village Board meetings last 2—2.5 hours Communities that do not have officials that are paid per meeting Montgomery— (2) Village Board meetings last 1.5 —2.5 hours, and (1) COW, and (1-2) committee meetings Morris— (2) Council meetings last about 1.5 hours, and each alderman is on anywhere from 2-6 out of 8 committees North Aurora— (2) Council meetings and (2) COW meetings + average of(2) out of 4 committee meetings attended, all averaging 1.5 hours each Sandwich— (2) Council last about 1 hour and (2) COW meetings last between 1.5 —3 hours Sugar Grove— (2) 45-minute long Board meetings, followed by a (2) 2—3 hour COW meeting(meetings have taken as little as 30 minutes, or as long as 4 hours) All people that responded said that every elected official attends a different number of meetings. Many also said that they attend committee meetings that they are not involved with. Even the data itself, which was compiled from interviews, is not concrete in nature—these are estimates. Therefore, doing a statistical analysis of the data(average length of meetings compared to amount paid) would be yield unreliable results, at best. Another point brought up by everyone I talked to said that meeting times fluctuate greatly. This depends on the main issue of the meeting, or the amount of issues at the meeting. Bart Olson UNITED CITY OF YORKVILLE Salary Survey for Elected or Appointed Officials Salary per Municipality Position Salary month Notes Length of Meetings Estimated Batavia Population-25,000 Mayor $19.08/hr $1,908 Paid per hour,not to exceed$1,908 per month Council-1-1.5 hours Aldermen $180/meeting $720 2 Council+Special Council+1-2 meetings for each committee=8-12 Meetings per month Committee-1 hour Clerk $5,000/year $417 Treasurer $600/year $50 Chanahon Population-9,218 $7,200/year for Mayor position,$720/year for liquor commissioner,and$120/meeting for each title, Mayor $7,920/year+$240/meeting $1,140 estimated 2 meetings per month Board- Aldermen $60/meeting $120 2 Board meetings with a COW session before each meeting COW-1 hour exactly Clerk $250/month+$60/meeting $370 2 Board meetings with a COW session before each meeting Treasurer $0 $0 No Treasurer,Finance Director takes the responsibilities Geneva Population-19,515 Mayor $15,000/year $1,250 Council and COW-1-3 hours Aldermen $300/month $300 2 Council and 2 COW meetings per month+numerous committees Clerk $300/month $300 IML Website Treasurer $167/monthly $167 Minooka Population-3,971 Mayor $10,000/year $833 Attends about 16 meetings per month Council and COW-1-3 hours Aldermen $60/board meeting+$25/committee meeting $170 2 board and 2 committee meetings per month Clerk $18.27/hr $1,516 Part-Time,based on 1000 hours/year Treasurer $18.27/hr $1,516 Part-Time,based on 1000 hours/year,paid hourly wages per meeting @ 1 meeting/month Montgomery Population-7,109 Mayor $800/month $800 2 board meetings,1 COW,and 1-2 committee meetings Board and COW-1.5-2.5 hours Aldermen $500/month $500 2 board meetings,1 COW,and 1-2 committee meetings Committee-vary greatly with issue Clerk $500/month $500 IML Website Treasurer No Treasurer-Finance Director Morris Population-11,928 Mayor $58,000/year $4,833 Full-time,3 year contracts,increases 3%every year Council-1.5 hours Aldermen $4,200/year $350 2 Council meetings+2-6 committee meetings depending on the involvement in the 8 committees Committee-vary greatly with issue Clerk $52,000/year $4,333 Full-time Treasurer $3,400/year $283 North Aurora Population-10,585 Mayor $550/month $550 IML Website Council,COW,and Committee-1.5 hours Aldermen $400/month $400 2 Council+2 COW+2 committee meetings(out of 4 committees total) Clerk $275/month $275 IML Website Treasurer $150/month $150 UNITED CITY OF YORKVT LE Salary Survey for Elected or Appointed Officials Salary per Municipality Position Salary month Notes Length of Meetings Estimated Oswego Council and COW-2 hours,occasionally Population-18,000 Mayor $4,200/year+$50/meeting $550$2,100/year each mayor and liquor corn.,and 4 meetings per month 3+hours Aldermen $50/meeting $200 2 Board Meetings and 2 COW meetings($50/ea)+extra,unpaid Committee meetings Committee-less than 1 hour Clerk $4,200/year $350 Clerk gets$46,000/year,only$4200 for being"City Clerk" Community Development-2-3 hours Treasurer $0 $0 Office is incorporated into Finance Dir.,no additional salary Plainfield Population-13,038 Mayor $1,125/month $1,125 2 Council and 2 COW meetings Council-2-4 hours Aldermen $50/meeting $200 2 Council and 2 COW meetings COW-1-2.5 hours Clerk $4,208/month $4,208 Treasurer $2,500/year $208 Plano Population-5,633 Mayor $7,900/year+$50/meeting $808$6400/year for mayor,$1500 for liquor corn.,and 3 meetings per month Council-1-1.5 hours Aldermen $300+$50/meeting $450 2 Council and 1 COW meeting+2(unpaid)committee meetings COW-2-2.5 hours Clerk $66.67+$50/meeting $517 2 Council and 1 COW meeting Committee-vary greatly with issue Treasurer $5,600/year+$50/meeting $617 2 Council and 1 COW meeting Sandwich Population-6,509 Mayor $416.67/month $417 IML Website Council-1 hour Aldermen $267/month $267 2 Council and 2 COW meetings COW-1.5-3 hours Clerk $1,833/month $1,833 IML Website Treasurer $2,000/year $167 Shorewood Population-7,686 $275/meeting is for Mayor title,$150/month is for liquor commissioner,estimated 2 paid meetings Mayor $150/month+$275/meeting $700 per month(4-6)total Board-2-2.5 hours Aldermen $175/meeting $350 2 Village Board meetings per month(paid),and around 2 committee meetings(unpaid) Clerk $150/meeting $300 2 Village Board meetings per month Treasurer $0 $0 No Treasurer Sugar Grove Population-5,418 Mayor $7,600/year $633 Includes liquor commissioner fees Board-45 minutes exactly Aldermen $3,600/year $300 2 Board and 2 COW meetings COW-2-3 hours,vary greatly with issue Clerk $5,000/year $417 Treasurer $0 $0 This is incorporated into Finance Dir.,no additional salary Yorkville Population-8,749 Mayor $8,500/year $708 Aldermen $3,600/year $300 Clerk $3,600/year $300 Treasurer $3,600/year $300 Salary for Mayor Salary for Mayor(Without Morris) $5.000 --- $2.500 — — ._._._. -- — __— -- $2.000 $4,000 Z $1SOQ m 53.000 to $1,000 - _ ♦ ........ $2.000 ♦ ♦ ♦ $500 ♦ • ♦ ♦ _. ._.. . $1,000 _ -- _ - $0 ♦ ♦-- , $0 0 5000 10000 15000 20000 25000 30000 0 5000 10000 15000 20000 25000 30000 Population Population Aldermen Clerk $800 ---- $700 - -_. - __. __ ♦ H $5.000 __..____._..,-...----__._ __...__._-- ___._-_—___._. $s00 ♦.. $4.000 $500 ♦♦ $400 ♦ $.3,000 $300 - ___- $2.000 • $200 ♦ • -. ♦ $1,000 $100 •..... ♦ N 44 ♦ ♦ ♦ • $0 ,- - $0 I 0 5000 10000 15000 20000 25000 30000 0 5000 10000 15000 20000 25000 30000 Population Population Clerk(Exlcuding Morris and Plainfield) Treasurer $2,000 $1 600 -♦ . -_..._ $1.$00 ♦ $1,400 $1.600 ♦ $1,200 $1.400 , $1.200 $1,000 $1,000 $'0Q •- $Foo I $400 $now ♦♦ ♦ � 5200 ♦ _. _ _ _ ♦_ � $Q —I $0 •—.►♦—* +- 0 5000 10000 15000 20000 25000 30000 0 5000 10000 15000 20000 25000 30000 Population Population Aldermen - Population 5,000 - 20,000 $900.00 __-_---_.-- _ __ ---- ____ ____._ __ ______ __._____-_---_---___.__- $800.00 • $700.00 • . $600.00 - . $500.00 • $400.00 -- • • $300.00 • • • • • •. . • . $200.00 • • $100.00 5000 7000 9000 11000 13000 15000 17000 19000 Population Aldermen $1.400 00 $1,000.00 - • • ♦ 800.0a -. • • ♦ ♦ • $600.00 .. _ __ • ♦ • ♦♦ ♦ M • • $400.00 • ♦♦ . _. __ .._ ..._ • • • • • • •♦♦M ,I • • *••• •• ♦ ♦ • • • $200.00 •!• .,._.._ . ••.. ♦ _ • . • . ♦ *• N♦ ♦ •• • ♦.•• 1f • 0 20000 40000 60000 80000 100000 120000 140000 Population Clerk - Population 5,000 - 20000 , I $6,000.00 ----------- — ____-_---_ _ __._._ .____...____-_._.____ ___ • $5,000.00 - __ • ♦ • . $4,000.00 • •__ • • s • • $3,000.00 - • •• • 1 $2,000.00 • • • • • i $1,000.00 -.. - i • ♦ * • • II • • • • ♦ ♦ • ! $0.00 -, -- _._.. r----— ---- 5000 7000 9000 11000 13000 15000 17000 19000 Clerk $0,000.00 - ------__.__ • i I 1 $7,000.00 • $6.000.00 I • 1 $5,000.00 • •- __ • • • • • • ••• • • $4,000.00 . �.. .__.•_.__ - � • • • • II I $3 000.00 - s•.• ••- . .... . ._.•_ • •' • •• • $2,000.00 .• • • • • I 44 i • • $1,000.00 • • • • • o ♦ •• 4.. • d _• • • • $0,00 y 0 20000 40000 60000 80000 100000 120000 140000 160000 Population Mayor - 5,000 - 20,000 • $6,000.00 ---------.-----__ $5,000.00 $4,000.00 • $3,000.00 $2,000.00 , _ • • • • • $1 ,000.00 • • • • • • • • . .. • • •. '. $0.00 5000 7000 9000 11000 13000 15000 17000 19000 Population Mayor $9,000.00 . $8,000.00 $7,000.00 $6,000.00 • $5,000.00 • $4,000.00 $3,000.00 $2,000.00 • $1 ,000.00 ..: m. .Ai . .,City of Yorkville County Seat of Kendall County EST.1,11 Imml 1836 800 Game Farm Road ,4 CC) Yorkville, Illinois 60560 0 I ` ,, 0 Phone:630-553-4350 '9t i. ��2 Fax:630-553-7575 September 17, 2004 Dear Resident: This letter is to inform you of a project to be constructed next week by the Illinois Department of Transportation (IDOT) on Route 47, from the Fox River Bridge to a point just south of Center Street. The purpose of the project is to improve safety in this area by creating a separate southbound left-turn bay at Main Street and a separate northbound left-turn bay at River Road. The project includes some minor widening, removal of the surface of the pavement, re-paving the surface, and pavement striping. The widening work will begin on Monday, September 20th, and should not cause significant traffic delays. Due to the heavy traffic on Route 47, however, removal and re- paving of the pavement surface during the day would result in severe congestion and long traffic delays. Consequently, that work is scheduled to begin at midnight on Wednesday, September 22nd. If IDOT is not able to get the road re-paved that night, they will shut down the operation before the Thursday morning rush hour and resume work at midnight on Thursday, September 23rd Thank you for your patience and understanding for the unusual construction schedule for this project. If you have any questions, please call the Yorkville Engineering Department at 553-8545. Very truly yours, s -V 2- !' iii Joseph Wywr ot City Engineer UNITED CITY OF YORKVILLE To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer Subject: Route 47 Construction Date: September 14, 2004 I got a call from Jim Vaninger at IDOT today regarding a small resurfacing project IDOT is planning to complete before the end of this month. The project is located on Route 47 from the Fox River Bridge to a point between Main Street and Center Street. The work consists of milling off 1.5" of asphalt, re-paving and re-striping. The re-striping will create a dedicated northbound left-turn bay at River Road, and a dedicated southbound left-turn bay at Main Street. There would also be a combination southbound through/right-turn lane at Main Street. While this is a small project, it will result in severe traffic delays on Route 47. IDOT is asking if the city would allow them to work during the night to perform the milling and paving operations. The milling would take one night, and the paving would take one night. Due to the short timeframe we have to work with, please respond as quickly as possible. I have attached a copy of the Noise Ordinance for your reference. Mr. Vaninger was sure that the construction work would exceed the levels stated in the ordinance. There is an exemption for emergency operations that mention street repair, but we would have to determine if that exemption applies to this situation. Cc: Harold Martin, Chief of Police Eric Dhuse, Director of Public Works 4-4-1 4-4-3 CHAPTER 4 NOISE ORDINANCE SECTION: 4-4-1 : Definitions 4-4-2: Weighted Sound Level 4-4-3: Hours 4-4-4: Exemptions 4-4-5: Violation; Fines 4-4-1 : DEFINITIONS: All terminology used in this chapter shall be in conformance with applicable publications of the American national standard institute (ANSI) or its successor body. (Ord. 2001-10, 3-22-2001) 4-4-2: WEIGHTED SOUND LEVEL: Sound pressure level decibels as measured on a sound level meter using the "A" weighing network. The level so read is designated dB(A) or dBA. (Ord. 2001-10, 3-22-2001) 4-4-3: HOURS: A. Day Hours: No person shall cause or allow the emission of sound during daytime hours (7:00 A.M. to 10:00 P.M.) from any noise source to any receiving residential land which exceeds 65 dBA when measured at any point within such receiving residential land, provided; however, that point of measurement shall be on the property line of the complainant. B. Night Hours: No person shall cause or allow the emission of sound during nighttime hours (10:00 P.M. to 7:00 A.M.) from any noise source to any receiving residential land which exceeds 55 dBA when measured at any point within such receiving residential land April 2002 City of Yorkville 4-4-3 4-4-5 provided, however, that point of measurement shall be on the property line of the complainant. (Ord. 2001-10, 3-22-2001) 4-4-4: EXEMPTIONS: A. Emergency Operations: Emergency short term operations which are necessary to protect the health and welfare of the citizens, such as, emergency utility and street repair, fallen tree removal or emergency fuel oil delivery shall be exempt, provided that reasonable steps shall be taken by those in charge of such operations to minimize noise emanating from the same. B. Noises Required By Law: The provisions of section shall not apply to any noise required specifically by law for the protection or safety of people or property. C. Powered Equipment: Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors, and snow removal equipment which is necessary for the maintenance of property is exempted between the hours of seven o'clock (7:00) A.M and ten o'clock (10:00) P.M. D. Community Events: The term "Community Events" shall include such things as parades, festivals, drum corps shows, sports events, Fourth of July celebrations, sanctioned or sponsored in whole or in part by local governments, schools or charitable or service organizations. (Ord. 2001-10, 3-22-2001) 4-4-5: VIOLATION; FINES: A. The first violation of this chapter shall result in a written warning issued by the police to the owner or occupant of the property. A second violation of this chapter shall result in a one hundred dollar ($100.00) fine. Third and subsequent violations of this chapter shall result in a five hundred dollar ($500.00) fine. Said fine shall be paid to Yorkville no later than ten (10) working days after the violation. B. Upon the third violation of this chapter, the police and city attorney may seek to declare the noise a public nuisance and seek its abatement in the circuit court of Kendall County. (Ord. 2001-10, 3-22-2001) April 2002 City of Yorkville