The URL can be used to link to this page

City Council Packet 2024 09-24-24 AGENDA CITY COUNCIL MEETING Tuesday, September 24, 2024 7:00 p.m. City Hall Council Chambers 651 Prairie Pointe Drive, Yorkville, IL Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Ken Koch Arden Joe Plocher Chris Funkhouser Seaver Tarulis Dan Transier Craig Soling Matt Marek Rusty Corneils Establishment of Quorum: Amendments to Agenda: Presentations: Public Hearings: Citizen Comments on Agenda Items: Consent Agenda: 1. Minutes of the Regular City Council – August 27, 2024 2. Minutes of the Regular City Council – September 10, 2024 3. Bill Payments for Approval $ 1,640,416.86 (vendors) $ 421,363.11 (payroll period ending 09/13/24) $ 2,061,779.97 (total) 4. PW 2024-74 East Van Emmon Street Resurfacing Project a. Resolution Approving a Construction Engineering Agreement with Engineering Enterprises, Inc. for the Resurfacing of East Van Emmon Street – authorize the Mayor and City Clerk to execute b. Ordinance Authorizing the Second Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 – authorize the Mayor and City Clerk to execute 5. PW 2024-75 Resolution Authorizing the City’s Share of Construction & Construction Engineering Costs for the Roadway Improvement of the E. Van Emmon Street Resurfacing Project – authorize the Mayor and City Clerk to execute United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us City Council Agenda September 24, 2024 Page 2 Consent Agenda (cont’d): 6. PW 2024-78 Ordinance Authorizing the Acquisition of Certain Easements for the Extension of a Water Main (Grace Community Church) – authorize the Mayor and City Clerk to execute 7. PW 2024-80 Faxon Road – Construction Engineering Change Order – approve the Faxon Road – Construction Engineering Change Order in the amount of $43,798 and authorize the Mayor to execute 8. ADM 2024-32 Treasurer’s Report for August 2024 Mayor’s Report: 1. CC 2024-74 Resolution in Support of an Illinois Transportation Enhancement Program (ITEP) Grant Application for Streetscape Improvements Including Bicycle and Pedestrian Improvements on East Hydraulic Avenue, Mill Street and Heustis Street 2. CC 2024-75 Resolution Authorizing an Amendment to the Second Escrow Intergovernmental Agreement By and Among the United City of Yorkville, the Village of Oswego, the Village of Montgomery and the DuPage Water Commission Public Works Committee Report: 1. PW 2024-73 2025 Road to Better Roads Program – Paving Plan Update and Proposal 2. PW 2024-76 Resolution Authorizing the Purchase of a Trackless Boom Flail Mower from E.J. Equipment, Inc., in an Amount Not to Exceed $39,960.00 3. PW 2024-77 Resolution Approving a Proposal from Gjovik Ford, Inc. to the United City of Yorkville, Kendall County, Illinois for Vehicle Maintenance Economic Development Committee Report: Public Safety Committee Report: Administration Committee Report: Park Board: 1. CC 2024-76 Resolution Authorizing the Donation of Certain Used Playground Equipment to Kids Around the World, a Not-For-Profit Entity (Rice Park) 2. CC 2024-77 Resolution Authorizing the Purchase of Playground Equipment from Gametime in the Amount Not to Exceed $192,896.85 (Rotary Park) Planning and Zoning Commission: 1. PZC 2024-01 & EDC 2024-53 Yorkville Renewables Solar (Nexamp) a. Ordinance Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 b. Ordinance Approving a Special Use Permit Allowing Freestanding Solar Energy Systems on Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 c. Ordinance Granting a Property Line Setback Variance for Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 City Council Agenda September 24, 2024 Page 3 Planning and Zoning Commission (cont’d): 2. PZC 2024-17 & EDC 2024-61 Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Chapter 8: UDO Review & Approval Procedures 3. PZC 2024-18 & EDC 2024-54 Kendall County Petition 24-07 – 1.5 Mile Review (7789 Route 47) 4. PZC 2024-20 & EDC 2024-62 Kendall County Petition 24-22 – 1.5 Mile Review (10835 Legion Rd.) City Council Report: City Clerk’s Report: Community and Liaison Report: Staff Report: Mayor’s Report (cont’d): 3. CC 2021-04 City Buildings Updates 4. CC 2021-38 Water Study Update Additional Business: Citizen Comments: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ADMINISTRATION: October 16, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Marek Finance Library Vice-Chairman: Alderman Plocher Administration Committee: Alderman Koch Committee: Alderman Corneils ECONOMIC DEVELOPMENT: October 1, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Plocher Community Development Planning & Zoning Commission Vice-Chairman: Alderman Funkhouser Building Safety & Zoning Kendall Co. Plan Commission Committee: Alderman Transier Committee: Alderman Tarulis City Council Agenda September 24, 2024 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES cont’d: PUBLIC SAFETY: November 7, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Transier Police School District Vice-Chairman: Alderman Tarulis Committee: Alderman Soling Committee: Alderman Funkhouser PUBLIC WORKS: October 15, 2024 – 6:00 p.m. – East Conference Room #337 Committee Departments Liaisons Chairman: Alderman Koch Public Works Park Board Vice-Chairman: Alderman Soling Engineering YBSD Committee: Alderman Marek Parks and Recreation Committee: Alderman Corneils UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, September 24, 2024 7:00 PM CITY COUNCIL CHAMBERS ---------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: ---------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS ON AGENDA ITEMS: ----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: ----------------------------------------------------------------------------------------------------------------------------------------- 1. Minutes of the Regular City Council – August 27, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. Minutes of the Regular City Council – September 10, 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. Bill Payments for Approval □ Approved ________ □ As presented □ As amended □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2024-74 East Van Emmon Street Resurfacing Project a. Resolution Approving a Construction Engineering Agreement with Engineering Enterprises, Inc. for the Resurfacing of East Van Emmon Street □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Authorizing the Second Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2024 and Ending on April 30, 2025 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2024-75 Resolution Authorizing the City’s Share of Construction & Construction Engineering Costs for the Roadway Improvement of the E. Van Emmon Street Resurfacing Project □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2024-78 Ordinance Authorizing the Acquisition of Certain Easements for the Extension of a Water Main (Grace Community Church) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2024-80 Faxon Road – Construction Engineering Change Order □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 8. ADM 2024-32 Treasurer’s Report for August 2024 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-74 Resolution in Support of an Illinois Transportation Enhancement Program (ITEP) Grant Application for Streetscape Improvements Including Bicycle and Pedestrian Improvements on East Hydraulic Avenue, Mill Street and Heustis Street □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-75 Resolution Authorizing an Amendment to the Second Escrow Intergovernmental Agreement By and Among the United City of Yorkville, the Village of Oswego, the Village of Montgomery and the DuPage Water Commission □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PUBLIC WORKS COMMITTEE REPORT: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2024-73 2025 Road to Better Roads Program – Paving Plan Update and Proposal □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2024-76 Resolution Authorizing the Purchase of a Trackless Boom Flail Mower from E.J. Equipment, Inc., in an Amount Not to Exceed $39,960.00 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2024-77 Resolution Approving a Proposal from Gjovik Ford, Inc. to the United City of Yorkville, Kendall County, Illinois for Vehicle Maintenance □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PARK BOARD: ----------------------------------------------------------------------------------------------------------------------------------------- 1. CC 2024-76 Resolution Authorizing the Donation of Certain Used Playground Equipment to Kids Around the World, a Not-For-Profit Entity (Rice Park) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. CC 2024-77 Resolution Authorizing the Purchase of Playground Equipment from Gametime in the Amount Not to Exceed $192,896.85 (Rotary Park) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- PLANNING AND ZONING COMMISSION: ----------------------------------------------------------------------------------------------------------------------------------------- 1. PZC 2024-01 & EDC 2024-53 Yorkville Renewables Solar (Nexamp) a. Ordinance Approving the Rezoning to the A-1 Agricultural Zoning District of Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ b. Ordinance Approving a Special Use Permit Allowing Freestanding Solar Energy Systems on Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ c. Ordinance Granting a Property Line Setback Variance for Certain Territory Generally Located at the Southwest Corner of Galena Road and Route 47 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 2. PZC 2024-17 & EDC 2024-61 Ordinance Approving an Amendment to the Yorkville Unified Development Ordinance Regarding Chapter 8: UDO Review & Approval Procedures □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 3. PZC 2024-18 & EDC 2024-54 Kendall County Petition 24-07 – 1.5 Mile Review (7789 Route 47) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. PZC 2024-20 & EDC 2024-62 Kendall County Petition 24-22 – 1.5 Mile Review (10835 Legion Rd.) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- MAYOR’S REPORT (CONT’D): ----------------------------------------------------------------------------------------------------------------------------------------- 3. CC 2021-04 City Building Updates □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- 4. CC 2021-38 Water Study Update □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________ □ Notes _____________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ----------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: ----------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: ----------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #1 Tracking Number Minutes of the Regular City Council – August 27, 2024 City Council – September 24, 2024 Majority Approval Approval of Minutes Jori Behland Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, AUGUST 27, 2024 Mayor Purcell called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present Transier Present Ward II Plocher Present Soling Present (electronic attendance) Ward III Funkhouser Present Marek Present Ward IV Tarulis Absent Corneils Present Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief of Police Jensen, Attorney Castaldo, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, Assistant City Administrator Willrett, and EEI Engineer Sanderson. Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/88925240557?pwd=YntMxiVSMYQMwqOaHUDC97Nn5e5urC.1. The Zoom meeting ID was 889 2524 0557. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS Valor and Lifesaving Award – Gavin J. Faitz Deputy Chief Mikolasek presented a Valor and Lifesaving Award to Gavin J. Faitz (12 years old) for saving a friend from drowning in the deep end of a pool. These are the same awards that would be given to a Yorkville Police Officer through the Police Department's policy on awards. Lifesaving Award – Daniel L. Torres Deputy Chief Mikolasek presented a Lifesaving Award to Daniel L. Torres (12 years old) for helping Gavin J. Faitz pull their friend from the pool while unconscious and start chest compressions. Employee Service Awards Chief of Police Jensen shared that on behalf of himself, the City, and the City Council, he would like to thank and congratulate each team member for their years of service to the City. Ryan Fisher with five years of service, Cory Shepherd with five years of service, Chris Kuehlem with ten years of service, Commander McMahon with twenty years of service, and Deputy Chief Mikolasek with 20 years of service. Special Recognition – Deputy Chief Ray Mikolasek and Deputy Chief Garrett Carlyle Chief of Police Jensen gave special recognition and congratulations to Deputy Chief Mikolasek for completing the Leadership Empowerment Advancement and Development/ LEAD Program for 21st- century law enforcement leaders. The LEAD Program is an executive leadership program through the Illinois Law Enforcement Training and Standards Board. The Minutes of the Regular Meeting of the City Council – August 27, 2024 – Page 2 of 6 Chief of Police Jensen also gave special recognition and congratulations to Deputy Chief Carlyle for his completion of the University of Northwestern Center of Public Safety School of Police Staff and Command. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Minutes of the Regular City Council – August 13, 2024 2. Bill Payments for Approval $ 859,368.05 (vendors) $ 3,764.84 (wire payments) $ 392,778.93 (payroll period ending 08/16/24) $ 1,255,911.82 (total) 3. Water Reports for April – July (PW 2024-66) 4. Road Reconstructions Related to C1 Yorkville, LLC (PW 2024-67) a. Faxon Road Reconstruction – Design Engineering Agreement – authorize the Mayor and City Clerk to Execute b. Beecher Road Reconstruction – Design Engineering Agreement – authorize the Mayor and City Clerk to Execute 5. Kennedy Road and Freedom Place Intersection Improvements – authorize staff to reject the submitted bids received for the Kennedy Road and Freedom Place Intersection Improvements (PW 2024-68) 6. Treasurer’s Reports for April – July 2024 (ADM 2024-24) 7. Ordinance 2024-45 Authorizing the Eighth Amendment to the Annual Budget of the United City of Yorkville, for the Fiscal Year Commencing on May 1, 2023 and Ending on April 30, 2024 (Sunflower SSA, Countryside TIF, and Downtown TIF II) – authorize the Mayor and City Clerk to execute (ADM 2024-29) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Funkhouser; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye REPORTS MAYOR’S REPORT Ordinance 2024-46 Authorizing the Acquisition of Certain Easements for the Construction of Water Mains (Czinki) (CC 2024-63) Mayor Purcell entertained a motion to approve an Ordinance Authorizing the Acquisition of Certain Easements for the Construction of Water Mains (Czinki) and authorize the Mayor and City Clerk to execute. So moved by Alderman Transier; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye Resolution 2024-34 Approving an Intergovernmental Agreement United City of Yorkville and Bristol-Kendall Fire Protection District (CC 2024-64) Mayor Purcell entertained a motion to approve a Resolution Approving an Intergovernmental Agreement Between the United City of Yorkville and Bristol-Kendall Fire Protection District and authorize the Mayor and City Clerk to execute. So moved by Alderman Koch; seconded by Alderman Plocher. The Minutes of the Regular Meeting of the City Council – August 27, 2024 – Page 3 of 6 Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye Disposal of City Property – Sleezer Park Sign (CC 2024-65) Mayor Purcell entertained a motion to approve conveying the Emily Sleezer Park sign to Scott Sleezer, Superintendent of Parks. So moved by Alderman Funkhouser; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye Ament Road Solar Farm – Pre-Annexation Agreement Inquiry (CC 2024-66) Community Development Director Barksdale-Noble reported that New Leaf Energy submitted a proposal to Kendall County to create a community solar field. Kendall County’s ordinance regarding solar farms recommends annexing into the nearest community. The City can say we are not interested in annexing them. City staff is not recommending the annexation. Alderman Funkhouser shared that it would make sense not to annex, and Alderman Marek agreed. ITEP Grant Review (CC 2024-67) City Administrator Olson reported that a narrative memo is included in the packet. Staff does not have any drawings or cost estimates at this time. He stated they are trying to focus on the downtown area near Hydraulic Ave., Heustis St., and Mill St. near the FS property. The improvements are for pedestrian safety. Staff is looking to make Hydraulic Ave. one way to help traffic flow during events, moving the road, cars, and people away from the tracks. Beautification improvements, including landscaping, lighting, and signage throughout the area, are also proposed. A multi-use path is also proposed along the tracks or Hydraulic Ave. New sidewalks along Heustis St. and Mill St. Removable bollards were also discussed for safety during events. Staff believe we have a decent grant application according to the scoring system. The estimated budgeted amount will be close to $3 million. City Administrator Olson said they are seeking feedback from the Council on the items listed in the memo to prepare a detailed cost estimate and drawings for the September 10th City Council meeting. The Council had no comments, and City Administrator Olson said they would proceed accordingly. Lake Michigan Improvements – Building Architecture (CC 2024-68) Mayor Purcell entertained a motion to authorize staff to proceed with using the architectural style from similar infrastructure projects in the past for the design of the North and South Receiving Station buildings. So moved by Alderman Funkhouser; seconded by Alderman Koch. Motion unanimously approved by a viva voce vote. Salary Ranges for Additional Positions – Assistant Public Works Director and Senior Planner (CC 2024-69) Mayor Purcell entertained a motion to approve the recommended FY 25 salary ranges of City employees with the addition of Assistant Public Works Director and Senior Planner as presented in the packet materials. So moved by Alderman Marek; seconded by Alderman Transier. Motion approved by a roll call vote. Ayes-7 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye The Minutes of the Regular Meeting of the City Council – August 27, 2024 – Page 4 of 6 PUBLIC WORKS COMMITTEE REPORT Quiet Zone Study Preliminary Engineering Agreements (PW 2024-70) a. BNSF Railroad – Quiet Zone Study - Preliminary Engineering Alderman Koch made a motion to approve the BNSF Railroad – Quiet Zone Study – Professional Services Agreement – Preliminary Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye b. Downtown Railroad – Quiet Zone Study – Preliminary Engineering Alderman Koch made a motion to approve the Downtown Railroad – Quiet Zone Study – Professional Services Agreement – Preliminary Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Plocher. Motion approved by a roll call vote. Ayes-7 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye Public Works and Parks Building Plan Update (PW 2024-71) Alderman Koch made a motion to approve the final Public Works and Parks Maintenance Facility concept plan; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Funkhouser-aye, Transier-aye, Soling-aye Marek-aye, Corneils-aye, Koch-aye Kluber Construction Manager RFQ Status Update (PW 2024-72) Alderman Koch made a motion to approve the RFQ document for a construction manager, authorize staff to issue the RFQ, and approve the construction manager RFQ selection process; seconded by Alderman Corneils. Motion approved by a roll call vote. Ayes-7 Nays-0 Funkhouser-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Partial Special Census Consideration and First Steps (ADM 2024-30) City Administrator Olson stated the Special Census is a $100.00 application fee, and the turnaround time for the cost estimate for the actual special census is 6 to 7 weeks. At that point, a decision can be made whether to execute the special census right away or wait a few months when the weather is better and there are more houses. Mayor Purcell and Finance Director Fredrickson stated that the cost is $250.00 per person and that the special census has a financial benefit. Mayor Purcell shared that the City would like to wait until the population is at 25,000 as that is the home-rule minimum. The Minutes of the Regular Meeting of the City Council – August 27, 2024 – Page 5 of 6 PARK BOARD Community Nutrition Network Shed Request – Informational (CC 2024-70) Parks and Recreation Director Evans reported that this item was approved at the July meeting. Community Nutrition Network needed more space to accommodate all of the meals, and they asked if they could put a shed next to the garage at the Beecher Center. They received a grant and have to complete the shed by the end of September. Yorkville Hometown Days Festival Parks and Recreation Director Evans reminded the Council that the 31st Annual Hometown Days will occur from Thursday, August 29th through Sunday, September 1st. The annual BBQ fundraiser with Senior Services will be the soft opening on Thursday. There will be a home football game on Friday, and it will be busy. There are $30 carnival wristband specials on Saturday and Sunday from 1-5p.m for unlimited carnival rides. More information on Hometown Days can be found on the City’s website at https://www.yorkville.il.us/459/Hometown-Days-Festival. PLANNING AND ZONING COMMISSION 2551 N. Bridge Street – Variance - Informational (PZC 2024-16 & EDC 2024-47) Community Development Director Barksdale-Noble reported to the Council that Midwest Environmental Building, located at 2551 N. Bridge Street, had a taking from IDOT’s land acquisition to widen Illinois Route 47. Therefore, the property owner is seeking variance approval to decrease the minimum parking lot setback adjacent to an arterial roadway in a B-3 General Business District from 20 feet to 8.7 feet from the property line. This item was granted solely by the Planning and Zoning Commission per section 10-8- 9-B.7 of the UDO. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT Alderman Funkhouser shared that the KenCom meeting was recently held. He also shared the passing of Larry Nelson, who worked with KenCom since the organization was established, and there is a significant void as he was a driving force. Alderman Funkhouser stated that there is a new board chairman and they have also learned that the executive director will be retiring. Alderman Funkhouser also shared that the Aurora Area Convention and Visitors Bureau (AACVB) will potentially bring Elburn and Geneva on as new members. This will bring on a few more hotels with Geneva, and while Elburn does not have any hotels, there is a large population. He stated that in the 2023 fiscal year, the State of Illinois published its economic impact of domestic travel, and for Kendall County, there was $91.9 million of impact from tourism. Alderman Funkhouser stated that significant numbers show that Illinois is a destination for tourism. He said that he appreciated the support for AACVB. STAFF REPORT No report. MAYOR’S REPORT (cont’d) City Buildings Update (CC 2021-04) No report. Water Study Update (CC 2021-38) No report. ADDITIONAL BUSINESS None. The Minutes of the Regular Meeting of the City Council – August 27, 2024 – Page 6 of 6 CITIZEN COMMENTS None. EXECUTIVE SESSION Mayor Purcell entertained a motion to go into executive session for the following: 1. For collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes of employees. 2. For the discussion of minutes of meetings lawfully closed under the Open Meetings Act, whether for purposes of approval by the body of the minutes or semi-annual review of the minutes. So moved by Alderman Transier seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-7 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye The City Council entered executive session at 7:49 p.m. The City Council returned to regular session at 7:53 p.m. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Corneils; seconded by Alderman Plocher. Motion unanimously approved by a viva voce vote. Meeting adjourned at 7:54 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #2 Tracking Number Minutes of the Regular City Council – September 10, 2024 City Council – September 24, 2024 Majority Approval Approval of Minutes Jori Behland Administration Name Department DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 651 PRAIRIE POINTE DRIVE ON TUESDAY, SEPTEMBER 10, 2024 Mayor Purcell called the meeting to order at 7:02 p.m. and led the Council in the Pledge of Allegiance. ROLL CALL City Clerk Behland called the roll. Ward I Koch Present Transier Present Ward II Plocher Present Soling Present Ward III Funkhouser Present Marek Present Ward IV Tarulis Present Corneils Present Staff in attendance at City Hall: City Administrator Olson, City Clerk Behland, Chief of Police Jensen, Attorney Orr, Public Works Director Dhuse, Community Development Director Barksdale-Noble, Finance Director Fredrickson, Parks and Recreation Director Evans, and EEI Engineer Sanderson. Staff in attendance electronically: Assistant City Administrator Willrett Members of the public were able to attend this meeting in person as well as being able to access the meeting remotely via Zoom which allowed for video, audio, and telephonic participation. A meeting notice was posted on the City’s website on the agenda, minutes, and packets webpage with instructions regarding remote meeting access and a link was included for the public to participate in the meeting remotely: https://us02web.zoom.us/j/87941672500?pwd=SZztwxUaHEu8NIuFkCuTWD1OIF4Cwj.1. The Zoom meeting ID was 879 4167 2500. QUORUM A quorum was established. AMENDMENTS TO THE AGENDA None. PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS ON AGENDA ITEMS None. CONSENT AGENDA 1. Bill Payments for Approval $ 831,822.21 (vendors) $ 2,924,998.94 (wire payments) $ 395,073.11 (payroll period ending 08/30/24) $ 4,151,894.26 (total) Mayor Purcell entertained a motion to approve the consent agenda. So moved by Alderman Soling; seconded by Alderman Funkhouser. Motion approved by a roll call vote. Ayes-8 Nays-0 Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye The Minutes of the Regular Meeting of the City Council – September 10, 2024 – Page 2 of 4 REPORTS MAYOR’S REPORT Yorkville Hometown Days Festival Parks and Recreation Director Evans thanked everyone who attended, sponsored, and volunteered at Hometown Days. He stated there was a great turnout with great weather; it was the largest Hometown Day event. Friends of the Library Used Book Sale Parks and Recreation Director Evans stated that the library had a great used book sale with a line around the block. The used book sale was held on Saturday, August 31st, and Sunday, September 1st. Constitution Week Proclamation (CC 2024-70) Mayor Purcell proclaimed September 17 - 23, 2024, as Constitution Week in the United City of Yorkville (see attached). East Van Emmon Phase 3 RFQ Results (CC 2024-71) Mayor Purcell entertained a motion to select Engineering Enterprises, Inc. to negotiate a contract for Phase 3 engineering services for the East Van Emmon Road Resurfacing project. So moved by Alderman Transier; seconded by Alderman Tarulis. City Administrator Olson stated that an RFQ must be completed before selecting a company because federal money is being used. Motion approved by a roll call vote. Ayes-8 Nays-0 Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye 2024 Illinois Transportation Enhancement Program Grant (CC 2024-72) City Administrator Olson shared the current plans with the Council. He stated that this grant is for a max of $3 million with a 20% match from the local municipality. This grant is to be used for transportation and pedestrian enhancement. The Council has chosen to focus on the area around the FS Property downtown. This area is also the subject of a separate downtown redevelopment grant that the Council approved, and staff applied for recently. City Administrator Olson explained that the focus of this project was Hydraulic Avenue. The proposal is to move the roadway away from the railroad tracks downtown by making Hydraulic Avenue one-way. This one-way will be westbound from Heustis Street to Route 47. This will separate vehicles and pedestrians from the train tracks. He also shared that a multiuse path and extra parallel parking spaces are planned alongside the north side of Hydraulic Avenue. Other items proposed are the construction of sidewalks alongside Heustis Street and Mill Street, curbs, beautification efforts, and landscaping. He reported that the total construction value is around $4.3 million, with the City contributing $1.3 million toward the project. Staff have discussed that they are comfortable using reserve funds for this project and passing a resolution of support at the next City Council meeting. Economic Development Director Lynn Dubajic Kellog has been contacting local business owners, and Assistant City Administrator Erin Willrett has been contacting state elected officials for letters of support. He also stated that they have not received any comments from businesses. Alderman Funkhouser shared with the Council Google Map Street views of different rail and street designs throughout the country. City Administrator Olson shared a map showing current and new pedestrian connection points for sidewalks and trails. This project would connect the neighborhood east of Route 47 and South of the river into the downtown. This also gives people a detour from Route 47’s trail and sidewalk. Mayor Purcell asked about the timeline of this grant. City Administrator Olson reported that the grant is due at the end of the month. The grant award is planned for October 2024. Mayor Purcell asked the Council if they had any questions. Alderman Koch wondered if there is any duplication between this grant and the other grant we previously applied for. City Administrator Olson stated that both grant projects are separate and have no duplications. Alderman Funkhouser said he would rather see a fence on the south than the north side. He would like to see fewer fences and barriers and focus more on the streetscape. Alderman Koch asked about the railyard area and if that was factored in. City Administrator Olson shared that they met with the railroad and engineers interested in helping the city through this process, including providing feedback on the quiet zones. This is still an active conversation. Alderman Soling said he would like to keep an older look for the design concept. Something historical and not too modern. City Administrator Olson stated they would bring this back for formal approval, where the Council must approve a resolution of support and identify funding for the contribution. The Minutes of the Regular Meeting of the City Council – September 10, 2024 – Page 3 of 4 A resident shared with the Council that she recently traveled to Helen, Georgia, where they have a river downtown, like Yorkville, with activities and kayaking. She mentioned that they have a walkway under their bridge that the City should consider in the future as plans are being made for pedestrian safety. Resolution 2024-35 Approving a Memorandum of Understanding By and Between the United City of Yorkville, Kendall County, Illinois and the International Union of Operating Engineers, Local 150, Public Employees’ Division (CC 2024-73) Mayor Purcell entertained a motion to approve a Resolution Approving a Memorandum of Understanding By and Between the United City of Yorkville, Kendall County, Illinois and the International Union of Operating Engineers, Local 150, Public Employees’ Division. So moved by Alderman Koch; seconded by Alderman Marek. Motion approved by a roll call vote. Ayes-8 Nays-0 Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye PUBLIC WORKS COMMITTEE REPORT YBSD Water Main Extension – Contract Award (PW 2024-64) Alderman Koch made a motion to accept the bid and award contract to Winninger Excavating, Inc., in the amount not to exceed $517,247.46 and authorize the Mayor and City Clerk to execute; seconded by Alderman Soling. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Tarulis-aye, Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-present, Funkhouser-aye YBSD Water Main Extension – Construction Engineering Agreement (PW 2024-65) Alderman Koch made a motion to approve the YBSD Water Main Extension – Professional Services Agreement – Construction Engineering and authorize the Mayor and City Clerk to execute; seconded by Alderman Tarulis. Motion approved by a roll call vote. Ayes-8 Nays-0 Transier-aye, Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2024-47 Approving the First Amendment to a Development Agreement Between the United City of Yorkville and Rally Homes (Timber Ridge Estates) (EDC 2024-60) Alderman Plocher made a motion to approve an Ordinance Approving the First Amendment to a Development Agreement Between the United City of Yorkville and Rally Homes, LLC and authorize the Mayor and City Clerk to execute; seconded by Alderman Funkhouser. Community Development Director Barksdale-Noble reported that Rally Homes was seeking an extension to the timing of the required watermain installation from May 31, 2024, to November 30, 2025. The City also requested changing the originally approved 12” line to 16” to accommodate the pending Lake Michigan water project. Motion approved by a roll call vote. Ayes-8 Nays-0 Soling-aye, Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye The Minutes of the Regular Meeting of the City Council – September 10, 2024 – Page 4 of 4 PUBLIC SAFETY COMMITTEE REPORT Resolution 2024-36 Declaring Certain Personal Property Surplus and Directing Disposition of Same (PS 2024-14) Alderman Transier made a motion to approve a Resolution Declaring Certain Personal Property Surplus and Directing Disposition of Same and authorize the Mayor and City Clerk to execute; seconded by Alderman Koch. Motion approved by a roll call vote. Ayes-8 Nays-0 Marek-aye, Corneils-aye, Koch-aye, Plocher-aye, Funkhouser-aye, Tarulis-aye, Transier-aye, Soling-aye ADMINISTRATION COMMITTEE REPORT No report. PARK BOARD Parks and Recreation Updates Parks and Recreation Director Evans shared that Thursday, September 12th, is the 3rd Annual Yorkville Educational Foundation Storywalk, and there will be a new story at the YJWC Heartland Park from 4:30 pm to 6:30 pm. He also shared that Yorktober Fest will be held on September 27th and 28th. Director Evans shared that the Scarecrow Walk will be held on Friday, September 27th and Parks and Recreation is still accepting scarecrows if anyone is interested in submitting one. PLANNING AND ZONING COMMISSION No report. CITY COUNCIL REPORT No report. CITY CLERK’S REPORT No report. COMMUNITY & LIAISON REPORT No report. STAFF REPORT No report. MAYOR’S REPORT (cont’d) City Buildings Update (CC 2021-04) No report. Water Study Update (CC 2021-38) City Administrator Olson shared that there will likely be one Lake Michigan agreement for the upcoming City Council meeting on September 24th. Then, at the October 8th meeting, there will likely be six (6) agreements, including the customer and operating agreements. ADDITIONAL BUSINESS None. CITIZEN COMMENTS None. EXECUTIVE SESSION None. ADJOURNMENT Mayor Purcell entertained a motion to adjourn the City Council meeting. So moved by Alderman Funkhouser; seconded by Alderman Plocher. Motion unanimously approved by a viva voce vote. Meeting adjourned at 7:35 p.m. Minutes submitted by: Jori Behland, City Clerk, City of Yorkville, Illinois UNITED CITY OF YORKVILLE J it g , WHEREAS, the Constitution of the United States of America, the guardian g of our liberties, embodies the principles of limited government in a Republic dedicated to rule by law- and WHEREAS, September 17, 2024, marks the two hundred thirty-seventh r anniversary of the framing of the Constitution of the United States of America by 6##4*the Constitutional Convention; and A•a_ WHEREAS, it is fittin and to accord official recognition to this " ¢1P9 g p ro erp g it Off f0 j;t; magnificent document and its memorable anniversary, and to the patriotic a '! celebrations which will commemorate it; and z t1f'p WHEREAS, Public Law 915 guarantees the issuing of a proclamation each `,'e ! 9psr*Ks''; any }year by the President of the United States of America designating September 17 Viol through 23 as Constitution Week. f 1'9e',•``'NOW, THEREFORE, I, John Purcell, by virtue of the authority vested in me as Mayor of the United City of Yorkville, do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and ask our citizens to 31`eo reaffirm the ideals the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. Dated this loth day of September, 2024. a a ffl I ff lac-fi t- a << John Purcel tee ; SG er t 9 a a t filt ! iF ttR 4.. s te''tb . s aF rr. i w'°° 's- r ti a s w ®tea* z Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #3 Tracking Number Bills for Payment City Council – September 24, 2024 Majority Approval Amy Simmons Finance Name Department 01-110 ADMIN 01-120 FINANCE 01-210 POLICE 01-220 COMMUNITY DEVELOPMENT 01-410 STREETS OPERATIONS 01-640 ADMINISTRATIVE SERVICES 11-111 FOX HILL SSA 12-112 SUNFLOWER SSA 15-155 MOTOR FUEL TAX (MFT) 23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL 25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS 52-520 SEWER OPERATIONS 79-790 PARKS DEPARTMENT 79-795 RECREATION DEPARTMENT 82-820 LIBRARY OPERATIONS 84-840 LIBRARY CAPITAL 87-870 COUNTRYSIDE TIF 88-880 DOWNTOWN TIF 89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW 95-000 ESCROW DEPOSIT DATE: 09/11/24 UNITED CITY OF YORKVILLE TIME: 12:34:33 MANUAL CHECK REGISTERID: AP225000.WOWCHECK # VENDOR # INVOICE ITEM CHECKINVOICE # DATE # DESCRIPTION DATE ACCOUNT # ITEM AMT------------------------------------------------------------------------------------------------------------------------------------131244 KCR KENDALL COUNTY RECORDER'S 09/06/244010967 09/06/24 01 RELEASE WATER LIEN 51-510-54-00-5448 76.0002 ORDINANCE APPROVING REZONING 90-225-00-00-0011 57.0003 ORDINANCE APPROVING VARRIANCE 90-225-00-00-0011 57.0004 PERMANENT EASEMENT 90-191-00-00-0011 69.0005 TEMP CONSTRUCTION EASEMENT 90-191-00-00-0011 69.0006 PERMANENT EASEMENT 90-174-00-00-0011 57.0007 PLAT OF EASEMENT 90-174-00-00-0011 96.0008 YBSD GRANT OF EASEMENT PLAT 51-510-54-00-5448 91.0009 KMP LOT 52 PHASE 4 RESUB PLAT 90-154-00-00-0011 112.00INVOICE TOTAL: 684.00 *CHECK TOTAL: 684.00TOTAL AMOUNT PAID: 684.00Page 1 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/11/24TIME: 08:38:28UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/13/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541289 BEEBED DAVID BEEBE09062409/06/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *CHECK TOTAL:75.00541290 COSTELLC CRAIG COSTELLO09052409/05/24 01 UMPIRE79-795-54-00-5462168.00INVOICE TOTAL:168.00 *CHECK TOTAL:168.00541291 FOXEELLA FOX09062409/06/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00541292 GAMBROA ABIGAIL GAMBRO09062409/06/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00541293 GAMBROK KATE GAMBRO09062409/06/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *CHECK TOTAL:45.00541294 KOCURJ JAXSON KOCURPage 2 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/11/24TIME: 08:38:28UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/13/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541294 KOCURJ JAXSON KOCUR09062409/06/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00D003697 MAYNARDL LAURENCE R. MAYNARD09062409/06/24 01 UMPIRE79-795-54-00-546290.00INVOICE TOTAL:90.00 *DIRECT DEPOSIT TOTAL:90.00D003698 PATTONS SHANE PATTON09062409/06/24 01 UMPIRE79-795-54-00-546275.00INVOICE TOTAL:75.00 *DIRECT DEPOSIT TOTAL:75.00541295 PILKINGP PAYTON M PILKINGTON09062409/06/24 01 UMPIRE79-795-54-00-546245.00INVOICE TOTAL:45.00 *CHECK TOTAL:45.00541296 RIETZR ROBERT L. RIETZ JR.09052409/05/24 01 UMPIRE79-795-54-00-5462168.00INVOICE TOTAL:168.00 *CHECK TOTAL:168.00541297 TATET TOM TATEPage 3 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/11/24TIME: 08:38:28UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/13/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541297 TATET TOM TATE09062409/06/24 01 UMPIRE79-795-54-00-546235.00INVOICE TOTAL:35.00 *CHECK TOTAL:35.00541298 WASONG GERALD WASON09052409/05/24 01 UMPIRE79-795-54-00-5462168.00INVOICE TOTAL:168.00 *CHECK TOTAL:168.00809.00165.00TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:974.00Page 4 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541301 AACVB AURORA AREA CONVENTION7/24-SUPER 09/05/24 01 JUL 2024 SUPER 8 HOTEL TAX 01-640-54-00-5481 2,115.05INVOICE TOTAL: 2,115.05 *CHECK TOTAL: 2,115.05541302 ADVDROOF ADVANCED ROOFING INC.2279 09/10/24 01 ROOFING REPAIR AT 201 W 24-216-54-00-5446 2,288.3602 HYDRAULIC ** COMMENT **INVOICE TOTAL:2,288.36 *CHECK TOTAL:2,288.36541303 ARTLIP ARTLIP & SONS, INC.21209609/09/24 01 DIAGNOSTIC SERVICE CALL24-216-54-00-5446249.00INVOICE TOTAL:249.00 *CHECK TOTAL:249.00541304 ATLAS ATLAS BOBCATK4392208/28/24 01 FIELD LABOR01-410-54-00-5490185.00INVOICE TOTAL:185.00 *CHECK TOTAL:185.00541305 ATTAT&T6305538805-082408/25/24 01 08/25-09/24 RIVERFRONT PARK 79-795-54-00-5440229.99INVOICE TOTAL:229.99 *CHECK TOTAL:229.99541306 BFCONSTR B&F CONSTRUCTION CODE SERVICESPage 5 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541306 BFCONSTR B&F CONSTRUCTION CODE SERVICES19823 08/30/24 01 JULY 2024 INSPECTIONS 01-220-54-00-5459 6,320.00INVOICE TOTAL: 6,320.00 *CHECK TOTAL: 6,320.00541307 BRIGHT ILLINOIS GREENHOUSE LLCORDINANCE 2022-18-#2 08/30/24 01 CORNEILS RD INTERCEPTOR 52-520-75-00-7505 37,500.0002 PROJECT COMPLETION PAYMENT 2 ** COMMENT **03 OF 4** COMMENT **INVOICE TOTAL:37,500.00 *CHECK TOTAL:37,500.00541308 CAMBRIA CAMBRIA SALES COMPANY INC.4391208/27/24 01 PAPER TOWEL52-520-56-00-5620162.81INVOICE TOTAL:162.81 *4391308/27/24 01 PAPER TOWEL79-790-56-00-5620108.54INVOICE TOTAL:108.54 *CHECK TOTAL:271.35541309 CIVICPLS CIVIC PLUS31530709/09/24 01 ANNUAL RENEWAL FEE FOR SSL 01-640-54-00-545011,291.8602 CERTIFICATE AND WEBSITE ANNUAL ** COMMENT **03 FEE FOR HOSTING AND SUPPORT ** COMMENT **INVOICE TOTAL:11,291.86 *CHECK TOTAL:11,291.86541310 COMED COMMONWEALTH EDISONPage 6 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541310 COMED COMMONWEALTH EDISON0505912000-0824 08/28/24 01 07/29-08/27 1908 RAINTREE RD 51-510-54-00-5480 182.55INVOICE TOTAL: 182.55 *0884004000-0824 08/29/24 01 07/30-08/28 1991 CANNONBALL TR 51-510-54-00-5480 249.55INVOICE TOTAL: 249.55 *1135300100-0824 08/29/24 01 07/30-08/28 456 KENNEDY 51-510-54-00-5480 62.09INVOICE TOTAL: 62.09 *1709169000-0824 08/30/24 01 RT34 & AUTUMN CRK 23-230-54-00-5482 171.31INVOICE TOTAL: 171.31 *1870344000-0824 08/30/24 01 08/01-08/30 105 W COUNTRYSIDE 23-230-54-00-5482 29.63INVOICE TOTAL: 29.63 *2173921222-0824 08/30/24 01 07/31-08/29 420 FAIRHAVEN 52-520-54-00-5480 110.92INVOICE TOTAL: 110.92 *2536492222-0824 09/04/24 01 08/01-08/30 46 SARAVANOS PUMP 52-520-54-00-5480 36.08INVOICE TOTAL: 36.08 *2793598111-0824 08/30/24 01 07/31-08/29 1975 BRIDGE LIFT 52-520-54-00-5480 266.50INVOICE TOTAL: 266.50 *3260462000-0824 08/29/24 01 07/31-08/29 RT47 & RIVER 23-230-54-00-5482 259.82INVOICE TOTAL: 259.82 *3387801111-0824 08/28/24 01 07/29-08/27 872 PRAIRIE CR 79-795-54-00-5480 126.48INVOICE TOTAL: 126.48 *3852534000-0824 08/27/24 01 07/29-08/27 RT126 & SCHLHS RD 23-230-54-00-5482 82.04INVOICE TOTAL: 82.04 *3897838000-0824 09/03/24 01 07/31-08/29 609 N BRIDGE 51-510-54-00-5480 165.58INVOICE TOTAL: 165.58 *Page 7 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541310 COMED COMMONWEALTH EDISON5110449000-0824 09/03/24 01 08/01-08/30 6780 RT47 51-510-54-00-5480 37.31INVOICE TOTAL: 37.31 *5285646000-0824 08/29/24 01 08/01-0828 KENNEDY & MCHUGH 23-230-54-00-5482 90.03INVOICE TOTAL: 90.03 *5288861222-0824 08/30/24 01 07/31-08/29 1850 MARKETVIEW 23-230-54-00-5482 84.91INVOICE TOTAL: 84.91 *6114554111-0824 08/30/24 01 07/31-08/29 610 TOWER 51-510-54-00-5480 154.51INVOICE TOTAL: 154.51 *6564924000-0824 08/28/24 01 07/23-08/19 421 POPLAR 23-230-54-00-5482 5,570.56INVOICE TOTAL: 5,570.56 *6918342222-0824 08/29/24 01 07/30-08/28 301 E HYDRAULIC 79-795-54-00-5480 49.67INVOICE TOTAL: 49.67 *758143222-0824 08/28/24 01 07/29-08/7 1107 PRAIRIE LIFT 52-520-54-00-5480 143.16INVOICE TOTAL: 143.16 *7706362222-0824 08/28/24 01 07/19-08/19 RT47 & KENNEDY 23-230-54-00-5482 1,473.26INVOICE TOTAL: 1,473.26 *7824275000-0824 08/30/24 01 07/31-08/29 1 MCHUGH RD 23-230-54-00-5482 86.42INVOICE TOTAL: 86.42 *8273737000-0824 08/28/24 01 07/31-08/28 104 E VAN EMMON 01-110-54-00-5480 511.84INVOICE TOTAL: 511.84 *8500662000-0824 08/29/24 01 07/30-08/28 PRESTWICK LIFT 52-520-54-00-5480 133.86INVOICE TOTAL: 133.86 *8503040100-0824 09/04/24 01 08/02-09/03 FOXHILL 7 LIFT 52-520-54-00-5480 82.78INVOICE TOTAL: 82.78 *Page 8 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541310 COMED COMMONWEALTH EDISON8507242000-0824 08/30/24 01 07/31-08/29 7 COUNTRYSIDE PKWY 23-230-54-00-5482 139.05INVOICE TOTAL: 139.05 *9567127000-0824 08/30/24 01 07/31-08/29 1 COUNTRYSIDE PKWY 23-230-54-00-5482 179.01INVOICE TOTAL: 179.01 *9810925111-0824 08/29/24 01 07/30-08/28 276 WINDHAM LIFT 52-520-54-00-5480 218.54INVOICE TOTAL: 218.54 *CHECK TOTAL: 10,697.46541311 CONTELEC CONSTELLATION TELECOM2265 09/01/24 01 08/28-09/30 ADMIN LINES 01-110-54-00-5440 69.3302 08/28-09/30 PUBLIC WORKS LINES 51-510-54-00-5440 485.3103 08/28-09/30 SEWER DEPT LINES 52-520-54-00-5440 277.3204 08/28-09/30 TRAFFIC SIGNAL 01-410-54-00-5435 69.3305 MAINTENANCE ** COMMENT **06 08/28-09/30 RECREATION LINES 79-795-54-00-5440 207.99INVOICE TOTAL: 1,109.28 *CHECK TOTAL: 1,109.28541312 COREMAIN CORE & MAIN LPV253653 08/28/24 01 125 METERS 51-510-56-00-5664 8,719.11INVOICE TOTAL: 8,719.11 *CHECK TOTAL: 8,719.11541313 COXLAND COX LANDSCAPING LLC192537 09/03/24 01 AUG 2024 MOWING SERVICES 11-111-54-00-5495 1,058.00INVOICE TOTAL: 1,058.00 *Page 9 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541313 COXLAND COX LANDSCAPING LLC192538 09/03/24 01 AUG 2024 MOWING SERVICES 12-112-54-00-5495 1,000.00INVOICE TOTAL: 1,000.00 *192558 09/06/24 01 SEPT 2024 TRIMMING TREES & 11-111-54-00-5495 2,255.0002 BUSHES ** COMMENT **INVOICE TOTAL: 2,255.00 *CHECK TOTAL: 4,313.00541314 DCONST D. CONSTRUCTION, INC.2400026.02 08/26/24 01 ENGINEERS PAYMENT ESTIMATE 2 15-155-60-00-6025 717,721.3502 FOR 2024 MFT ROAD PROGRAM ** COMMENT **03 ENGINEERS PAYMENT ESTIMATE 2 23-230-60-00-6025 108,265.1504 FOR 2024 MFT ROAD PROGRAM ** COMMENT **INVOICE TOTAL: 825,986.50 *CHECK TOTAL: 825,986.50541315 DUTEK THOMAS & JULIE FLETCHER102465608/30/24 01 COUPLER, NIPPLES52-520-56-00-5628181.50INVOICE TOTAL:181.50 *CHECK TOTAL:181.50541316 EEIENGINEERING ENTERPRISES, INC.122808/30/24 01 724 E VETERANS PKWY90-217-00-00-0111118.00INVOICE TOTAL:118.00 *8118408/30/24 01 NORTH RT47 IMPROVEMENTS01-640-54-00-54653,666.50INVOICE TOTAL:3,666.50 *8118508/30/24 01 UTILITY PERMIT REVIEWS01-640-54-00-5465168.00INVOICE TOTAL:168.00 *Page 10 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541316 EEI ENGINEERING ENTERPRISES, INC.81186 08/30/24 01 PRESTWICK 01-640-54-00-5465 2,564.00INVOICE TOTAL: 2,564.00 *81187 08/30/24 01 GRANDE RESERVE-UNIT 8 01-640-54-00-5465 1,370.00INVOICE TOTAL: 1,370.00 *81188 08/30/24 01 WINDETT RIDGE-UNIT 2 90-048-48-00-0111 1,097.00INVOICE TOTAL: 1,097.00 *81189 08/30/24 01 STORM WATER BASIN INSPECTIONS 01-640-54-00-5465 16,407.00INVOICE TOTAL: 16,407.00 *81190 08/30/24 01 WHISPERING MEADOWS-TRG 01-640-54-00-5465 923.50INVOICE TOTAL: 923.50 *81191 08/30/24 01 GRANDE RESERVE-UNITS 26 & 27 90-147-00-00-0111 13,594.00INVOICE TOTAL: 13,594.00 *81192 08/30/24 01 GRANDE RESERVE-UNIT 7 01-640-54-00-5465 1,525.00INVOICE TOTAL: 1,525.00 *81193 08/30/24 01 GRANDE RESERVE-UNITS 15 & 22 01-640-54-00-5465 504.00INVOICE TOTAL: 504.00 *81194 08/30/24 01 KENDALL MARKETPLACE-LOT 52 90-154-00-00-0111 329.0002 PHASE 2 & 3 ** COMMENT **INVOICE TOTAL: 329.00 *81195 08/30/24 01 GRANDE RESERVE-UNIT 9 01-640-54-00-5465 12,152.50INVOICE TOTAL: 12,152.50 *81196 08/30/24 01 BRIGHT FARMS 90-173-00-00-0111 2,164.50INVOICE TOTAL: 2,164.50 *81197 08/30/24 01 KENDALLWOOD ESTATES-RALLY 90-174-00-00-0111 687.00INVOICE TOTAL: 687.00 *Page 11 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541316 EEI ENGINEERING ENTERPRISES, INC.81198 08/30/24 01 WELL MONITORING DASHBOARDS 01-640-54-00-5465 126.00INVOICE TOTAL: 126.00 *81199 08/30/24 01 BRISTOL BAY UNIT 13 90-179-00-00-0111 141.00INVOICE TOTAL: 141.00 *81200 08/30/24 01 CALEDONIA UNIT 3 90-188-00-00-0111 2,088.00INVOICE TOTAL: 2,088.00 *81201 08/30/24 01 GENERAL LAKE MICHIGAN/DWC 01-640-54-00-5465 3,301.7502 COORDINATION ** COMMENT **INVOICE TOTAL: 3,301.75 *81202 08/30/24 01 BRISTOL BAY UNIT 10 90-186-00-00-0111 141.00INVOICE TOTAL: 141.00 *81203 08/30/24 01 BRISTOL BAY UNIT 12 90-186-00-00-0111 188.00INVOICE TOTAL: 188.00 *81204 08/30/24 01 GRANDE RESERVE-UNIT 4 01-640-54-00-5465 126.00INVOICE TOTAL: 126.00 *81205 08/30/24 01 GRANDE RESERVE-UNIT 6 01-640-54-00-5465 1,130.00INVOICE TOTAL: 1,130.00 *81206 08/30/24 01 LAKE MICHIGAN CONNECTION- 51-510-60-00-6011 466.5002 CORROSION CONTROL STUDY ** COMMENT **INVOICE TOTAL: 466.50 *81207 08/30/24 01 PUBLIC WORKS SITE-BOOMBAH 24-216-60-00-6042 6,950.00INVOICE TOTAL: 6,950.00 *81208 08/30/24 01 WATER AUDIT & NON-REVENUE 51-510-54-00-5465 4,450.2502 WATER REDUCTION ** COMMENT **INVOICE TOTAL: 4,450.25 *Page 12 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541316 EEI ENGINEERING ENTERPRISES, INC.81209 08/30/24 01 NORTHPOINTE SUBDIVISION 90-195-00-00-0111 1,085.50INVOICE TOTAL: 1,085.50 *81210 08/30/24 01 2023 WATER MAIN REPLACEMENT-B 51-510-60-00-6025 170.50INVOICE TOTAL: 170.50 *CHECK TOTAL: 77,634.50541317 EEI ENGINEERING ENTERPRISES, INC.81211 08/30/24 01 WELL #10 & RAW WATER MAIN 51-510-60-00-6029 27,354.16INVOICE TOTAL: 27,354.16 *CHECK TOTAL: 27,354.16541318 EEI ENGINEERING ENTERPRISES, INC.81212 08/30/24 01 2024 WATER MAIN REPLACEMENT-A 51-510-60-00-6025 39,431.53INVOICE TOTAL: 39,431.53 *81213 08/30/24 01 2024 WATER MAIN REPLACEMENT-B 51-510-60-00-6025 16,386.50INVOICE TOTAL: 16,386.50 *81214 08/30/24 01 KENDALL COUNTY BUILDING-FOX 01-640-54-00-5465 1,847.00INVOICE TOTAL: 1,847.00 *81215 08/30/24 01 ELDAMAIN WATER LOOP-LP 51-510-60-00-6024 10,485.50INVOICE TOTAL: 10,485.50 *81216 08/30/24 01 CORNEILS SANITARY SEWER-LP 52-520-60-00-6024 6,209.50INVOICE TOTAL: 6,209.50 *81217 08/30/24 01 QUIK TRIP GAS STATION 90-208-00-00-0111 284.00INVOICE TOTAL: 284.00 *Page 13 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541318 EEI ENGINEERING ENTERPRISES, INC.81218 08/30/24 01 DWC TRANSMISSION MAIN 51-510-60-00-6011 682.50INVOICE TOTAL: 682.50 *81219 08/30/24 01 LOT 1 FOUNTAIN VILLAGE 90-219-00-00-0111 561.00INVOICE TOTAL: 561.00 *81220 08/30/24 01 E VAN EMMON ST RESURFACING 23-230-60-00-6089 16,754.00INVOICE TOTAL: 16,754.00 *81222 08/30/24 01 KENDALL MARKETPLACE LOT 52 90-154-00-00-0111 5,256.7502 PHASE 4 ** COMMENT **INVOICE TOTAL: 5,256.75 *81223 08/30/24 01 RT47 WATER MAIN RELOCATION- 51-510-60-00-6035 644.1102 WATER PARK WAY TO BERTRAM ** COMMENT **INVOICE TOTAL: 644.11 *81224 08/30/24 01 NEXAMP SOLAR 90-212-00-00-0111 1,553.50INVOICE TOTAL: 1,553.50 *81225 08/30/24 01 CITY OF YORKVILLE-GENERAL 01-640-54-00-5465 2,878.00INVOICE TOTAL: 2,878.00 *81226 08/30/24 01 MUNICIPAL ENGINEERING SERVICES 01-640-54-00-5465 1,900.00INVOICE TOTAL: 1,900.00 *81229 08/30/24 01 2024 LOCAL RD PROGRAM 23-230-60-00-6025 5,637.00INVOICE TOTAL: 5,637.00 *81230 08/30/24 01 YBSD SSES ANALYSIS 01-640-54-00-5465 1,432.00INVOICE TOTAL: 1,432.00 *81231 08/30/24 01 PAVEMENT MANAGEMENT UPDATE 23-230-54-00-5465 22,750.00INVOICE TOTAL: 22,750.00 *Page 14 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541318 EEI ENGINEERING ENTERPRISES, INC.81232 08/30/24 01 LM-NORTH RECEIVING STATION 51-510-60-00-6011 2,800.00INVOICE TOTAL: 2,800.00 *81233 08/30/24 01 LM-SOUTH RECEIVING STATION 51-510-60-00-6011 16,778.00INVOICE TOTAL: 16,778.00 *81234 08/30/24 01 LM-NW ELEVATED WATER STORAGE 51-510-60-00-6011 5,154.0002 TANK ** COMMENT **INVOICE TOTAL:5,154.00 *8123508/30/24 01 LM-RT126 WATER MAIN51-510-60-00-601121,520.1602 IMPROVEMENTS** COMMENT **INVOICE TOTAL:21,520.16 *8123608/30/24 01 LM-BLUESTEM WATER MAIN51-510-60-00-60112,850.0002 IMPROVEMENTS** COMMENT **INVOICE TOTAL:2,850.00 *8123708/30/24 01 GRANDE RESERVE-UNITS 10 & 11 90-223-00-00-0111340.00INVOICE TOTAL:340.00 *8123808/30/24 01 OLD POST OFFICE-LEGAL01-640-54-00-54651,404.0002 SURVEYING** COMMENT **INVOICE TOTAL:1,404.00 *8123908/30/24 01 CYRUS ONE90-227-00-00-01118,061.00INVOICE TOTAL:8,061.00 *8124008/30/24 01 2025 WATER MAIN REPLACEMENT 51-510-60-00-602510,525.00INVOICE TOTAL:10,525.00 *8124108/30/24 01 2024 DCEO GRANT-REBUILD IL. 88-880-60-00-60002,652.0002 DOWNTOWNS E MAIN ST CAPITAL ** COMMENT **03 PROGRAM** COMMENT **INVOICE TOTAL:2,652.00 *Page 15 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541318 EEI ENGINEERING ENTERPRISES, INC.81242 08/30/24 01 2024 NPDES MS4 PROGRAM & 01-640-54-00-5465 175.5002 ANNUAL AUDIT ** COMMENT **INVOICE TOTAL: 175.50 *81243 08/30/24 01 CONSUME CANNABIS DISPENSARY 90-230-00-00-0011 323.0002 SITE PLAN ** COMMENT **INVOICE TOTAL: 323.00 *81244 08/30/24 01 2820 BEECHER SOLAR 90-231-00-00-0111 474.00INVOICE TOTAL: 474.00 *CHECK TOTAL: 207,749.55541319 FIRST FIRST PLACE RENTAL353839-1 09/03/24 01 2024 HOMETOWN DAYS LIGHTING 79-795-56-00-5602 500.00INVOICE TOTAL: 500.00 *CHECK TOTAL: 500.00541320 FIRSTNET AT&T MOBILITY287313454005X0903202 08/25/24 01 07/26-08/25 MOBILE DEVICES 01-220-54-00-5440 42.1702 07/26-08/25 MOBILE DEVICES 51-510-54-00-5440 42.1703 07/26-08/25 MOBILE DEVICES 01-110-54-00-5440 42.1704 07/26-08/25 MOBILE DEVICES 01-210-54-00-5440 837.4705 07/26-08/25 MOBILE DEVICES 79-795-54-00-5440 42.17INVOICE TOTAL: 1,006.15 *CHECK TOTAL: 1,006.15541321 FIRSTNET AT&T MOBILITY287313454207X0903202 08/25/24 01 07/26-08/25 MOBILE DEVICES 01-220-54-00-5440 253.02Page 16 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541321 FIRSTNET AT&T MOBILITY287313454207X0903202 08/25/24 02 07/26-08/25 MOBILE DEVICES 79-790-54-00-5440 36.2403 07/26-08/25 MOBILE DEVICES 79-795-54-00-5440 156.8204 07/26-08/25 MOBILE DEVICES 51-510-54-00-5440 235.2305 07/26-08/25 MOBILE DEVICES 52-520-54-00-5440 72.48INVOICE TOTAL: 753.79 *CHECK TOTAL: 753.79541322 FOXRIVER FOX RIVER STUDY GROUP041624 04/16/24 01 2024 FOX RIVER STUDY GROUP 01-110-54-00-5460 2,682.5002 QUALITY STUDY PARTICIPATION ** COMMENT **INVOICE TOTAL: 2,682.50 *CHECK TOTAL: 2,682.50541323 HACH HACH COMPANY14156259 08/21/24 01 CHEMICALS 51-510-56-00-5638 814.50INVOICE TOTAL: 814.50 *CHECK TOTAL: 814.50541324 HARRIS HARRIS COMPUTER SYSTEMSMSIMN000084508/29/24 01 GMAIL INTERFACE ANNUAL01-120-54-00-546283.3302 MAINTENANCE RENEWAL** COMMENT **INVOICE TOTAL:83.33 *CHECK TOTAL:83.33541325 HIFIEVEN HI FI EVENTS, INC.YHD0830202409/04/24 01 CHRISTIAN BAND STAGE79-795-56-00-56021,725.00INVOICE TOTAL:1,725.00 *CHECK TOTAL:1,725.00Page 17 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541326 HOMETREE HOMER TREE CARE, INC17874 07/31/24 01 TREE REMOVAL 23-230-60-00-6034 277,237.00INVOICE TOTAL: 277,237.00 *CHECK TOTAL: 277,237.00541327 IMPERINV IMPERIAL INVESTMENTSJULY 2024-REBATE 09/10/24 01 JUL 2024 BUSINESS DIST REBATE 01-000-24-00-24881,009.72INVOICE TOTAL:1,009.72 *CHECK TOTAL:1,009.72541328 INTERDEV INTERDEV, LLCLIC-104601808/31/24 01 TIMED ACTIVE STORAGE-AUG 2024 01-640-54-00-5450270.00INVOICE TOTAL:270.00 *MSP-104601808/31/24 01 MONTHLY IT BILLING-AUG 2024 01-640-54-00-545019,212.90INVOICE TOTAL:19,212.90 *SEC-104605408/31/24 01 DUO SECURITY & SENTINEL ONE 01-640-54-00-54501,240.5402 MANAGEMENT-AUG 2024** COMMENT **INVOICE TOTAL:1,240.54 *CHECK TOTAL:20,723.44541329 JIMSTRCK JIM'S TRUCK INSPECTION LLC20407506/20/24 01 TRUCK INSPECTION01-410-54-00-549041.00INVOICE TOTAL:41.00 *20438707/10/24 01 TRUCK INSPECTION79-790-54-00-549541.00INVOICE TOTAL:41.00 *20446907/15/24 01 TRUCK INSPECTION01-410-54-00-549043.00INVOICE TOTAL:43.00 *Page 18 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541329 JIMSTRCK JIM'S TRUCK INSPECTION LLC204535 07/18/24 01 TRUCK INSPECTION 79-790-54-00-5495 65.00INVOICE TOTAL: 65.00 *205139 09/04/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *205146 09/04/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *205149 09/04/24 01 TRUCK INSPECTION 01-410-54-00-5490 43.00INVOICE TOTAL: 43.00 *CHECK TOTAL: 319.00D003699 JOHNGEOR GEORGE JOHNSONCDL RENEW-2024 09/09/24 01 CDL RENEWAL REIMBURSEMENT 51-510-54-00-5462 60.00INVOICE TOTAL: 60.00 *DIRECT DEPOSIT TOTAL: 60.00541330 KCGIS KENDALL COUNTY GISKCGIS-YRKVL-FY24-Q3 09/03/24 01 MAR-AUG 2024 GIS BILLING 01-220-54-00-5462 4,526.00INVOICE TOTAL: 4,526.00 *CHECK TOTAL: 4,526.00541331 KENCOM KENCOM PUBLIC SAFETY DISPATCH636 09/01/24 01 JUN-AUG 2024 IP FLEXIBLE REACH 01-640-54-00-5449 115.5602 FEE ** COMMENT **INVOICE TOTAL: 115.56 *CHECK TOTAL: 115.56Page 19 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541332 KENDCROS KENDALL CROSSING, LLCBD REBATE 07/24 09/10/24 01 JUL 2024 BUSINESS DIST REBATE 01-000-24-00-2487 5,639.04INVOICE TOTAL: 5,639.04 *CHECK TOTAL: 5,639.04541333 KUEHLEMC CHRIS KUEHLEM081424 08/28/24 01 CARREER DEVELOPMENT MEAL PER 01-210-54-00-5415 82.0002 DIEMS ** COMMENT **INVOICE TOTAL:82.00 *CHECK TOTAL:82.00541334 MARCO MARCO TECHNOLOGIES LLC53684941709/09/24 01 8/20-9/20 COPIER LEASE01-110-54-00-5485259.2902 8/20-9/20 COPIER LEASE01-120-54-00-5485259.2703 8/20-9/20 COPIER LEASE01-220-54-00-5485518.5804 8/20-9/20 COPIER LEASE01-210-54-00-5485663.7205 8/20-9/20 COPIER LEASE01-410-54-00-548551.4706 8/20-9/20 COPIER LEASE51-510-54-00-548551.4707 8/20-9/20 COPIER LEASE52-520-54-00-548551.4608 8/20-9/20 COPIER LEASE79-790-54-00-5485154.3909 8/20-9/20 COPIER LEASE79-795-54-00-5485259.29INVOICE TOTAL:2,268.94 *CHECK TOTAL:2,268.94541335 MARKER MARKER INC90-064 ENG RFND09/04/24 01 REFUND REMAINING ENG ESCROW 90-064-64-00-0111538.00INVOICE TOTAL:538.00 *CHECK TOTAL:538.00Page 20 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541336 MEADE MEADE ELECTRIC COMPANY, INC.709019 09/10/24 01 RT47 & RT34 SIGNAL REPAIR 01-410-54-00-5435 1,024.89INVOICE TOTAL: 1,024.89 *709020 09/10/24 01 RT47 & RT34 SIGNAL REPAIR 01-410-54-00-5435 905.59INVOICE TOTAL: 905.59 *CHECK TOTAL: 1,930.48541337 MEADOWBR MEADOWBROOK BUILDERS LLC20230818-2853 ROOD 09/06/24 01 SECURITY GUARANTEE REFUND 01-000-24-00-2415 5,000.00INVOICE TOTAL: 5,000.00 *CHECK TOTAL: 5,000.00541338 MECHANIC MECHANICS LAB LLC5626 08/23/24 01 OIL & FILTER CHANGE 01-410-54-00-5490 1,613.81INVOICE TOTAL: 1,613.81 *5695 08/31/24 01 REPLACED AIR DRYER, OIL CHANGE 01-410-54-00-5490 1,541.52INVOICE TOTAL: 1,541.52 *CHECK TOTAL: 3,155.33541339 MIDWSALT MIDWEST SALTP475937 08/26/24 01 BULK ROCK SALT 51-510-56-00-5638 3,352.76INVOICE TOTAL: 3,352.76 *P475939 08/26/24 01 BULK ROCK SALT 51-510-56-00-5638 3,271.57INVOICE TOTAL: 3,271.57 *P475988 08/27/24 01 BULK ROCK SALT 51-510-56-00-5638 3,262.55INVOICE TOTAL: 3,262.55 *CHECK TOTAL: 9,886.88Page 21 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541340 NARVICK NARVICK BROS. LUMBER CO, INC93211 08/21/24 01 4000 PSI AE 23-230-56-00-5637 990.00INVOICE TOTAL: 990.00 *93273 08/23/24 01 4000 PSI AE 23-230-56-00-5637 772.00INVOICE TOTAL: 772.00 *CHECK TOTAL: 1,762.00541341 NEOPOST QUADIENT FINANCE USA, INC083024-CITY 08/30/24 01 POSTAGE MACHINE REFILL 01-000-14-00-1410 300.00INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00541342 NICOR NICOR GAS00-41-22-8748 4-0824 08/30/24 01 08/01-08/30 1107 PRAIRIE LN 01-110-54-00-5480 45.50INVOICE TOTAL: 45.50 *15-64-61-3532 5-0824 08/30/24 01 08/01-08/30 1991 CANNONBALL 01-110-54-00-5480 48.20INVOICE TOTAL: 48.20 *20-52-56-2042 1-0824 08/28/24 01 07/29-08/28 420 FAIRHAVEN 01-110-54-00-5480 142.25INVOICE TOTAL: 142.25 *23-45-91-4862 5-0824 09/04/24 01 08/02-09/04 101 BRUELL ST 01-110-54-00-5480 143.23INVOICE TOTAL: 143.23 *37-35-53-1941 1-0824 09/06/24 01 08/07-09/06 185 WOLF ST 01-110-54-00-5480 44.41INVOICE TOTAL: 44.41 *46-69-47-6727 1-0824 09/06/24 01 08/07-09/06 1975 N BRIDGE 01-110-54-00-5480 140.97INVOICE TOTAL: 140.97 *Page 22 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541342 NICOR NICOR GAS61-60-41-1000 9-0824 09/03/24 01 08/02-09/03 610 TOWER 01-110-54-00-5480 58.54INVOICE TOTAL: 58.54 *66-70-44-6942 9-0824 09/06/24 01 08/07-09/06 1908 RAINTREE 01-110-54-00-5480 146.92INVOICE TOTAL: 146.92 *80-56-05-1157 0-0824 09/06/24 01 08/07-09/06 2512 ROSEMONT 01-110-54-00-5480 46.96INVOICE TOTAL: 46.96 *91-85-68-4012 8-0824 09/03/24 01 08/01-08/30 902 GAME FARM RD 82-820-54-00-5480 802.89INVOICE TOTAL: 802.89 *CHECK TOTAL: 1,619.87541343 OSWEGO VILLAGE OF OSWEGO2805 09/09/24 01 AUG-SEPT 2024 STATE LOBBYIST 01-640-54-00-5462 2,333.3302 AUG-SEPT 2024 STATE LOBBYIST 51-510-54-00-5462 2,333.3303 AUG-SEPT 2024 FEDERAL LOBBYIST 01-640-54-00-5462 3,125.0004 AUG-SEPT 2024 FEDERAL LOBBYIST 51-510-54-00-5462 3,125.00INVOICE TOTAL: 10,916.66 *2809 09/10/24 01 AUG 2024 SALARY REIMBURSEMENT 01-210-54-00-5413 5,697.7902 FOR TRAINING COORDINATOR ** COMMENT **INVOICE TOTAL: 5,697.79 *CHECK TOTAL: 16,614.45541344 PIZZO PIZZO AND ASSOCIATES, LTD340-5 09/01/24 01 NATURALIZATION UPKEEP AT 651 24-216-54-00-5446 732.1902 PRAIRIE POINTE ** COMMENT **INVOICE TOTAL: 732.19 *CHECK TOTAL: 732.19Page 23 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541345 POSSPLAC POSSIBILITY PLACE NURSERY8650 07/15/24 01 TREES 79-790-56-00-5640 1,925.00INVOICE TOTAL: 1,925.00 *CHECK TOTAL: 1,925.00541346 R0000474 NEIL BORNEMAN91024 09/10/24 01 REFUND CITY AND LIBRARY 01-640-54-00-5491 1,533.8802 PORTION OF PROPERTY TAXES PER ** COMMENT **03 ORDINANCE 2006-105** COMMENT **INVOICE TOTAL:1,533.88 *CHECK TOTAL:1,533.88541347 R0002296 KCJ RESTORATION2022 P-TAX REBATE-JA 08/23/24 01 2022 TAX LEVY-INCREMENTAL 89-000-21-00-21007,665.2702 P-TAX REBATE FOR 111 W MADISON ** COMMENT **03 STREET-OLD JAIL PROPERTY** COMMENT **INVOICE TOTAL:7,665.27 *CHECK TOTAL:7,665.27541348 R0002539 RS CONCESSIONS2024 HTD MEALS09/12/24 01 2024 HOMETOWN DAYS STAFF MEAL 79-795-56-00-560220.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:20.00 *CHECK TOTAL:20.00541349 R0002599 WILLIAMS GROUP2022 TAX LEVY-REBATE 08/23/24 01 2022 TAX LEVY INCREMENTAL 88-000-21-00-21005,349.31Page 24 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541349 R0002599 WILLIAMS GROUP2022 TAX LEVY-REBATE 08/23/24 02 P-TAX REBATE PER ORDINANCE ** COMMENT **03 2022-07 ** COMMENT **INVOICE TOTAL: 5,349.31 *CHECK TOTAL: 5,349.31541350 R0002659 OLEKSANDR TODOROV20240992-271 ANDREW 09/03/24 01 CANCELLED PERMIT#20240992 RFND 01-000-42-00-4210 50.00INVOICE TOTAL:50.00 *CHECK TOTAL:50.00541351 R0002666 BIRCHWOOD RESIDENTIAL2022 P-TAX REBATE-OL 08/23/24 01 2022 TAX LEVY-INCREMENTAL 89-000-21-00-21008,507.1302 P-TAX REBATE FOR 111 W MADISON ** COMMENT **03 STREET-OLD JAIL PROPERTY** COMMENT **INVOICE TOTAL:8,507.13 *CHECK TOTAL:8,507.13541352 R0002667 FEEDING FRENZY CONCESSIONS2024 HTD09/11/24 01 2024 HTD STAFF MEAL79-795-56-00-5602130.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:130.00 *CHECK TOTAL:130.00541353 R0002668 DAKOTAS BAR & GRILL LLC2024 HTD09/11/24 01 2024 HTD STAFF FOOD79-795-56-00-5602215.0002 REIMBURSEMENT** COMMENT **INVOICE TOTAL:215.00 *Page 25 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541353 R0002668 DAKOTAS BAR & GRILL LLC2024 SUMMER EVENTS 09/11/24 01 2024 SUMMER EVENT STAFF MEAL 79-795-56-00-5606 104.2502 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 104.25 *CHECK TOTAL: 319.25541354 REINDERS REINDERS, INC.6059786-00 08/28/24 01 PROIMITY SWITCH 79-790-56-00-5640 143.84INVOICE TOTAL:143.84 *CHECK TOTAL:143.84541355 SEALMAST SEAL MASTER10942908/13/24 01 SEALER, POLE, STAKES, BRUSH 01-410-56-00-56401,387.79INVOICE TOTAL:1,387.79 *10950408/14/24 01 SEALER01-410-56-00-56401,571.70INVOICE TOTAL:1,571.70 *11005408/26/24 01 SEALER01-410-56-00-56402,148.30INVOICE TOTAL:2,148.30 *11009108/27/24 01 SEALER01-410-56-00-56402,213.40INVOICE TOTAL:2,213.40 *11013208/28/24 01 SEALER01-410-56-00-56401,624.40INVOICE TOTAL:1,624.40 *CHECK TOTAL:8,945.59541356 SISLERS SISLER'S ICE, INC.20300684308/29/24 01 HOMETOWN DAYS ICE79-795-56-00-5602950.00INVOICE TOTAL:950.00 *CHECK TOTAL:950.00Page 26 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------541357 STATION STATION ONE2024 HTD MEAL 09/12/24 01 2024 HOMETOWN DAYS STAFF MEAL 79-795-56-00-5602 300.0002 REIMBURSEMENT ** COMMENT **INVOICE TOTAL: 300.00 *CHECK TOTAL: 300.00541358 STEVENS STEVEN'S SILKSCREENING23045 08/28/24 01 PRESCHOOL STUDENT AND PARENT 79-795-56-00-5606 1,068.0002 SHIRTS** COMMENT **INVOICE TOTAL:1,068.00 *CHECK TOTAL:1,068.00541359 TRAFFIC TRAFFIC CONTROL CORPORATION15315308/29/24 01 MOAB BUTTON01-410-54-00-5435445.00INVOICE TOTAL:445.00 *CHECK TOTAL:445.00541360 VITOSH CHRISTINE M. VITOSH222108/23/24 01 08/14/24 P&Z MEETING90-226-00-00-0011230.00INVOICE TOTAL:230.00 *CHECK TOTAL:230.00541361 WATERSYS WATER SOLUTIONS UNLIMITED, INC12878908/23/24 01 CHEMICALS51-510-56-00-56383,981.82INVOICE TOTAL:3,981.82 *CHECK TOTAL:3,981.82Page 27 of 30 01-110 ADMIN01-120 FINANCE01-210 POLICE01-220 COMMUNITY DEVELOPMENT01-410 STREETS OPERATIONS01-640 ADMINISTRATIVE SERVICES11-111 FOX HILL SSA12-112 SUNFLOWER SSA15-155 MOTOR FUEL TAX (MFT)23-230 CITY WIDE CAPITAL 24-216 BUILDING & GROUNDS 25-205 POLICE CAPITAL25-212 GENERAL GOVERNMENT CAPITAL 25-215 PUBLIC WORKS CAPITAL 25-225 PARK & RECREATION CAPITAL 51-510 WATER OPERATIONS52-520 SEWER OPERATIONS79-790 PARKS DEPARTMENT79-795 RECREATION DEPARTMENT82-820 LIBRARY OPERATIONS84-840 LIBRARY CAPITAL87-870 COUNTRYSIDE TIF88-880 DOWNTOWN TIF89-890 DOWNTOWN II TIF 90-XXX DEVELOPER ESCROW95-000 ESCROW DEPOSITDATE: 09/16/24TIME: 08:43:10UNITED CITY OF YORKVILLE CHECK REGISTERID: AP211001.W0WINVOICES DUE ON/BEFORE 09/24/2024CHECK # VENDOR #INVOICE ITEMINVOICE #DATE # DESCRIPTION ACCOUNT # PROJECT CODE ITEM AMT------------------------------------------------------------------------------------------------------------------------------------D003700 YBSDYORKVILLE BRISTOL2024.01709/03/24 01 SEPT 2024 LANDFILL EXPENSE 51-510-54-00-544511,743.93INVOICE TOTAL:11,743.93 *DIRECT DEPOSIT TOTAL:11,743.93541362 YOUNGM MARLYS J. YOUNG082024-PW08/29/24 01 08/20/24 PW MEETING MINUTES 01-110-54-00-546285.00INVOICE TOTAL:85.00 *082224-PC09/03/24 01 08/22/24 PC MEETING MINUTES 90-230-00-00-001185.00INVOICE TOTAL:85.00 *CHECK TOTAL:170.001,626,954.9311,803.93TOTAL CHECKS PAID: TOTAL DIRECT DEPOSITS PAID: TOTAL AMOUNT PAID:1,638,758.86Page 28 of 30 REGULAR OVERTIME TOTAL IMRF FICA TOTALSADMINISTRATION20,469.89 - 20,469.89 1,193.41 1,513.87 23,177.17 FINANCE13,219.08 - 13,219.08 770.67 978.72 14,968.47 POLICE143,391.49 11,163.18 154,554.67 414.08 11,527.53 166,496.28 COMMUNITY DEV.29,860.43 - 29,860.43 1,764.18 2,225.73 33,850.34 STREETS26,026.14 992.17 27,018.31 1,562.34 2,158.37 30,739.02 BUILDING & GROUNDS6,778.50 8.13 6,786.63 404.40 517.83 7,708.86 WATER24,487.28 378.41 24,865.69 1,421.65 1,866.55 28,153.89 SEWER13,698.58 - 13,698.58 798.63 1,045.80 15,543.01 PARKS40,585.83 2,467.00 43,052.83 2,311.83 3,246.72 48,611.38 RECREATION29,312.65 - 29,312.65 1,218.92 2,207.58 32,739.15 LIBRARY17,419.03 - 17,419.03 676.15 1,280.36 19,375.54 TOTALS365,248.90$ 15,008.89$ 380,257.79$ 12,536.26$ 28,569.06$ 421,363.11$ TOTAL PAYROLL421,363.11$ UNITED CITY OF YORKVILLEPAYROLL SUMMARYSeptember 13, 2024Page 29 of 30 ACCOUNTS PAYABLE DATE 09/06/2024 684.00$ 09/13/2024 974.00 Clerk's Check #131244 Kendall County Recorder (Page 1) Manual City Check Register (Pages 2 - 4) City Check Register (Pages 5 - 28)09/10/2024 1,638,758.86 SUB-TOTAL:$1,640,416.86 Bi - Weekly (Page 29)09/13/2024 421,363.11$ SUB-TOTAL:421,363.11$ TOTAL DISBURSEMENTS:2,061,779.97$ UNITED CITY OF YORKVILLE BILL LIST SUMMARY Tuesday, September 24, 2024 PAYROLL Page 30 of 30 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #4 Tracking Number PW 2024-74 East Van Emmon Construction Engineering Agreement – Phase III City Council – September 24, 2024 PW – 9/17/24 Moved forward to CC consent agenda. PW 2024-74 Supermajority (6 out of 9) Approval Proposed construction engineering agreement with EEI for E. Van Emmon Resurfacing project that is funded through STP funds Eric Dhuse Public Works Name Department Summary A proposed construction engineering agreement with EEI for the E. Van Emmon resurfacing project. Background The City Council approved EEI as the phase 3 engineering firm for the E. Van Emmon resurfacing project at the September 10, 2024 City Council meeting. The next step in the process is to award the phase 3 (construction) engineering contract, which is attached for your review. Since this an STP (Surface Transportation Program) project, IDOT forms must be used for the construction engineering agreement, this is why is looks different from the normal agreements from EEI. The total proposed contract is $54,940. Since this is an STP project, it is an 80/20 split with only 20% of the cost being borne by the City. This project has been approved for the November 8th IDOT letting, with a spring 2025 construction scheduled. This money has been noted in the 5-year budget in FY26 along with the construction costs, since that is when most of the work will take place. Even though this contract will have no material impact on the current year’s budget, state statute requires that funds must be appropriated in the FY 25 budget in order to approve this contract. As such, a budget amendment has been attached which amends the City-Wide Capital Fund as follows: • Van Emmon Street Improvements (23-230-60-00-6089) – expenditures increased by $55,000, from $10,000 to $65,000. • Federal Grants – STP Van Emmon (23-000-41-00-4165) – grant revenue increased by $44,000 to account for the 80% reimbursement from IDOT. Recommendation Staff recommends approval of this contract with EEI. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: September 10, 2024 Subject: E. Van Emmon Construction Engineering Agreement Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A CONSTRUCTION ENGINEERING AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE RESURFACING OF EAST VAN EMMON STREET WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, East Van Emmon Street, located within the City of Yorkville, is in need of resurfacing; and WHEREAS, the City of Yorkville and the Illinois Department of Transportation (“IDOT”) plan to begin a resurfacing project on East Van Emmon Street during the Spring of 2026 (the “Project”); and WHEREAS, the City solicited qualified engineering firms to assist with this Project as construction engineer pursuant to the requirements of the Local Government Professional Services Selection Act (50 ILCS 510/0.01 et seq.); and WHEREAS, Engineering Enterprises, Inc. (“EEI”) was chosen as the highest qualified engineering firm, and the City entered into negotiations with EEI for the price of the engineering contract; and WHEREAS, the City has determined that the price of the engineering contract proposed by EEI is fair and reasonable, and has chosen EEI as the engineering contractor for the Project; and WHEREAS, the Project qualifies as a Surface Transportation Program project, and therefore IDOT shall reimburse the City 80% of the cost of the Project; and WHEREAS, the construction engineering work performed by EEI on the Project is estimated to cost a total of $54,940; and WHEREAS, the City therefore desires to enter into a construction engineering agreement with EEI, in the form attached hereto as Exhibit A, in an amount not to exceed $54,940; approximately $43,952 of which shall be reimbursed to the City by IDOT. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: Section 1. That the Construction Engineering Agreement between Engineering Enterprises, Inc. and the United City of Yorkville is hereby approved, and the Mayor and City Clerk are authorized to execute said Agreement. Resolution No. 2024-____ Page 2 Section 2. That this Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Local Public Agency Engineering Services Agreement BLR 05530 (Rev. 07/08/22)Page 1 of 9Completed09/06/2409/06/24 Using Federal Funds? Yes No Agreement For Federal CEFederal CE Agreement Type OriginalOriginal LOCAL PUBLIC AGENCY Local Public Agency United City of Yorkville County KendallKendall Section Number 24-00053-00-RS Job Number C-93-023-25 Project Number T4N9(336) Contact Name Eric Dhuse Phone Number (630) 553-4370 Email edhuse@yorkville.il.us SECTION PROVISIONS Local Street/Road Name E. Van Emmon Street Length 0.52 Key Route FAU 2515 Add Location Structure Number N/A Remove Location Location Termini IL Route 47 (Bridge Street) to East City Limits Project Description This work consists of hot-mix asphalt surface course removal, pavement patching, hot-mix asphalt binder and surface course, portland cement concrete sidewalk removal and replacement, combination concrete curb and gutter removal and replacement, structure adjustments, pipe culvert removal and replacement, grading and shaping ditches, pavement markings, roadway signage and all other appurtenant work required. Engineering Funding Anticipated Construction Funding MFT/TBPFederal State Other OtherStateMFT/TBPFederal Local Funds AGREEMENT FOR Phase III - Construction Engineering CONSULTANT Prime Consultant (Firm) Name Engineering Enterprises, Inc. Contact Name Chris Ott Phone Number (630) 466-6757 Address 52 Wheeler Road City Sugar Grove State ILIL Zip Code 60554 Email cott@eeiweb.com Local Funds THIS AGREEMENT IS MADE between the above Local Public Agency (LPA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Project funding allotted to the LPA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT," will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Since the services contemplated under the AGREEMENT are professional in nature, it is understood that the ENGINEER, acting as an individual, partnership, firm or legal entity, qualifies for professional status and will be governed by professional ethics in its relationship to the LPA and the DEPARTMENT. The LPA acknowledges the professional and ethical status of the ENGINEER by entering into an AGREEMENT on the basis of its qualifications and experience and determining its compensation by mutually satisfactory negotiations. WHEREVER IN THIS AGREEMENT or attached exhibits the following terms are used, they shall be interpreted to mean: Regional Engineer Deputy Director, Office of Highways Project Implementation, Regional Engineer, Department of Transportation Resident Construction Supervisor Authorized representative of the LPA in immediate charge of the engineering details of the construction PROJECT In Responsible Charge A full time LPA employee authorized to administer inherently governmental PROJECT activities Contractor Company or Companies to which the construction contract was awarded BLR 05530 (Rev. 07/08/22)Page 2 of 9Completed09/06/2409/06/24 AGREEMENT EXHIBITS The following EXHIBITS are attached hereto and made a part of hereof this AGREEMENT: EXHIBIT A: Scope of Services EXHIBIT B: Project Schedule EXHIBIT D: Cost Estimate of Consultant Services (CECS) Worksheet (BLR 05513 or BLR 05514 ) EXHIBIT C: Qualification Based Selection (QBS) Checklist EXHIBIT E: Location Map EXHIBIT F: Rubino Proposal I. THE ENGINEER AGREES, 1.To perform or be responsible for the performance of the Scope of Services presented in EXHIBIT A for the LPA in connection with the proposed improvements herein before described. 2.The Classifications of the employees used in the work shall be consistent with the employee classifications and estimated staff hours. If higher-salaried personnel of the firm, including the Principal Engineer, perform services that are to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 3.That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections required as a result of the ENGINEER'S error, omissions or negligent acts without additional compensation. Acceptance of work by the LPA or DEPARTMENT will not relieve the ENGINEER of the responsibility to make subsequent correction of any such errors or omissions or the responsibility for clarifying ambiguities. 4.That the ENGINEER will comply with applicable Federal laws and regulations, State of Illinois Statutes, and the local laws or ordinances of the LPA. 5.To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LPA. 6.To invoice the LPA for Preliminary and/or Design Engineering: The ENGINEER shall submit all invoices to the LPA within three months of the completion of the work called for in the AGREEMENT or any subsequent Amendment or Supplement. 7.To submit a completed BLR 05613, Engineering Payment Report, to the DEPARTMENT within three months of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. The form shall be submitted with the final invoice. 8.The ENGINEER or subconsultant shall not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of US Department of Transportation (US DOT) assisted contract. Failure by the Engineer to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LPA deems appropriate. 9.That none of the services to be furnished by the ENGINEER shall be sublet assigned or transferred to any other party or parties without written consent of the LPA. The consent to sublet, assign or otherwise transfer any portion of the services to be furnished by the ENGINEER shall be construed to relieve the ENGINEER of any responsibility for the fulfillment of this AGREEMENT. 10.For Construction Engineering Contracts: (a) The ENGINEER shall be prequalified with the STATE in Construction Inspection. All employees of the ENGINEER serving as the onsite resident construction supervisor or providing construction inspection shall have a valid Documentation of Contract Quantities certification. (b) For all projects where testing is required, the ENGINEER shall obtain samples according to the STATE Bureau of Materials. "Manual of Test Procedures for Materials," submit STATE Bureau of Materials inspection reports; and verify compliance with contract specifications. 11.That the engineering services shall include all equipment, instruments, supplies, transportation and personnel required to perform the duties of the ENGINEER in connection with this AGREEMENT (See DIRECT COST tab in BLR 05513 or BLR 05514). II. THE LPA AGREES, 1.To certify by execution of this AGREEMENT that the selection of the ENGINEER was performed in accordance with the following: (a) Professional Services Selection Act (50 ILCS 510), The Brooks Act (40 USC 11), and the Procurement, Management, and Administration of Engineering, and Design Related Services (23 CFR part 172). Exhibit C is required to be completed with this AGREEMENT. 2.To furnish the ENGINEER all presently available survey data, plans, specifications, and project information. 3.For Construction Engineering Contracts: (a) To furnish a full time LPA employee to be In Responsible Charge authorized to administer inherently governmental PROJECT activities. (b) To submit approved forms BC 775 and BC 776 to the DEPARTMENT when federal funds are utilized. 4.To pay the ENGINEER: BLR 05530 (Rev. 07/08/22)Page 3 of 9Completed09/06/2409/06/24 Specific Rate Cost plus Fixed Fee: FixedFixed Lump Sum Total Compensation = DL + DC + OH + FF Where: DL is the total Direct Labor, DC is the total Direct Cost, OH is the firm's overhead rate applied to their DL and FF is the Fixed Fee. Where FF = (0.33 + R) DL + %SubDL, where R is the advertised Complexity Factor and %SubDL is 10% profit allowed on the direct labor of the subconsultants. The Fixed Fee cannot exceed 15% of the DL + OH. Field Office Overhead Rates:Field rates must be used for construction engineering projects expected to exceed one year in duration or if the construction engineering contract exceeds $1,000,000 for any project duration. 6.The recipient shall not discriminate on the basis of race, color, national original or sex in the award and performance of any US DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of US DOT-assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by US DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as violation of this AGREEMENT. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C 3801 et seq.). (a) For progressive payments - Upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LPA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made to the ENGINEER. (b) Final Payment - Upon approval of the work by the LPA but not later than 60 days after the work is completed and reports have been made and accepted by LPA and DEPARTMENT, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amount of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 5.To pay the ENGINEER as compensation for all services rendered in accordance with the AGREEMENT on the basis of the following compensation method as discussed in 5-5.10 of the BLR Manual. Method of Compensation: 1.No work shall be commenced by the ENGINEER prior to issuance by the IDOT of a written Notice to Proceed. 2.To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amount, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General, and the DEPARTMENT, the Federal Highways Administration (FHWA) or any authorized representative of the federal government, and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the DEPARTMENT for the recovery of any funds paid by the DEPARTMENT under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. 3.That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and save harmless the LPA, the DEPARMTENT, and their officers, agents, and employees from all suits, claims, actions or damage liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. The LPA will notify the ENGINEER of any error or omission believed by the LPA to be caused by the negligence of the ENGINEER as soon as practicable after the discovery. The LPA reserves the right to take immediate action to remedy any error or omission if notification is not successful; if the ENGINEER fails to reply to a notification; or if the conditions created by the error or omission are in need of urgent correction to avoid accumulation of additional construction costs or damages to property and reasonable notice is not practicable. 4.This AGREEMENT may be terminated by the LPA upon giving notice in writing to the ENGINEER at the ENGINEER's last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LPA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LPA. The LPA will be responsible for reimbursement of all eligible expenses incurred under the terms of this AGREEMENT up to the date of the written notice of termination. III. IT IS MUTUALLY AGREED, BLR 05530 (Rev. 07/08/22)Page 4 of 9Completed09/06/2409/06/24 5.In the event that the DEPARMENT stops payment to the LPA, the LPA may suspend work on the project. If this agreement is suspended by the LPA for more than thirty (30) calendar days, consecutive or in aggregate, over the term of this AGREEMENT, the ENGINEER shall be compensated for all services performed and reimbursable expenses incurred as a result of the suspension and resumption of its services, and the ENGINEER's schedule and fees for the remainder of the project shall be equitably adjusted. 6.This AGREEMENT shall continue as an open contract and the obligations created herein shall remain in full force and effect until the completion of construction of any phase of professional services performed by others based upon the service provided herein. All obligations of the ENGINEER accepted under this AGREEMENT shall cease if construction or subsequent professional services are not commenced within 5 years after final payment by the LPA. 7.That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission and/or negligent act in the prosecution of the ENGINEER's work and shall indemnify and have harmless the LPA, the DEPARTMENT, and their officers, employees from all suits, claims, actions or damages liabilities, costs or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8.The ENGINEER and LPA certify that their respective firm or agency: (a) has not employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for the LPA or the ENGINEER) to solicit or secure this AGREEMENT, (b) has not agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or (c) has not paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for the LPA or the ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. (d) that neither the ENGINEER nor the LPA is/are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, (e) has not within a three-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, (f)are not presently indicated for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (e) and (g) has not within a three-year period preceding this AGREEMENT had one or more public transaction (Federal, State or local) terminated for cause or default. Where the ENGINEER or LPA is unable to certify to any of the above statements in this certification, an explanation shall be attached to this AGREEMENT. 9.In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the ENGINEER no claim for damages shall be made by either party. Termination of the AGREEMENT or adjustment of the fee for the remaining services may be requested by either party if the overall delay from the unforeseen causes prevents completion of the work within six months after the specified completion date. Examples of unforeseen causes include but are not limited to: acts of God or a public enemy; act of the LPA, DEPARTMENT, or other approving party not resulting from the ENGINEER's unacceptable services; fire; strikes; and floods. If delays occur due to any cause preventing compliance with the PROJECT SCHEDULE, the ENGINEER shall apply in writing to the LPA for an extension of time. If approved, the PROJECT SCHEDULE shall be revised accordingly. 10.This certification is required by the Drug Free Workplace Act (30 ILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the DEPARTMENT unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited or suspension of contract on grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the DEPARTMENT for at least one (1) year but not more than (5) years. For the purpose of this certification, "grantee" or "Contractor" means a corporation, partnership or an entity with twenty-five (25) or more employees at the time of issuing the grant or a department, division or other unit thereof, directly responsible for the specific performance under contract or grant of $5,000 or more from the DEPARTMENT, as defined the Act. The contractor/grantee certifies and agrees that it will provide a drug free workplace by: (a) Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than (5) days after such conviction. (b) Establishing a drug free awareness program to inform employees about: BLR 05530 (Rev. 07/08/22)Page 5 of 9Completed09/06/2409/06/24 (1) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy to maintain a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. (c) Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. (d) Notifying the contracting, or granting agency within ten (10) days after receiving notice under part (b) of paragraph (3) of subsection (a) above from an employee or otherwise, receiving actual notice of such conviction. (e) Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program. (f) Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating that a trained referral team is in place. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act, the ENGINEER, LPA and the Department agree to meet the PROJECT SCHEDULE outlined in EXHIBIT B. Time is of the essence on this project and the ENGINEER's ability to meet the PROJECT SCHEDULE will be a factor in the LPA selecting the ENGINEER for future project. The ENGINEER will submit progress reports with each invoice showing work that was completed during the last reporting period and work they expect to accomplish during the following period. 11.Due to the physical location of the project, certain work classifications may be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.). 12.For Construction Engineering Contracts: (a) That all services are to be furnished as required by construction progress and as determined by the LPA employee In Responsible Charge. The ENGINEER shall complete all services herein within a time considered reasonable to the LPA, after the CONTRACTOR has completed the construction contract. (b) That all field notes, test records and reports shall be turned over to and become the property of the LPA and that during the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER's expense. (c) That any difference between the ENGINEER and the LPA concerning the interpretation of the provisions of this AGREEMENT shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LPA, and a third member appointed by the two other members for disposition and that the committee's decision shall be final. (d) That in the event that engineering and inspection services to be furnished and performed by the LPA (including personnel furnished by the ENGINEER) shall, in the opinion of the STATE be incompetent employed on such work at the expense of the LPA. (e) Inspection of all materials when inspection is not provided by the sources by the STATE Central Bureau of Materials, and submit inspection reports to the LPA and STATE in accordance with the STATE Central Bureau of Materials "Project Procedures Guide" and the policies of the STATE. AGREEMENT SUMMARY Prime Consultant (Firm) Name TIN/FEIN/SS Number Agreement Amount Engineering Enterprises, Inc.36-3150869 $45,442.00 Subconsultants TIN/FEIN/SS Number Agreement Amount Rubino Engineering, Inc.80-0450719 $9,498.00 Subconsultant Total $9,498.00 Prime Consultant Total $45,442.00 Total for all work $54,940.00 BLR 05530 (Rev. 07/08/22)Page 6 of 9Completed09/06/2409/06/24 AGREEMENT SIGNATURES Local Public Agency Type CityCity Local Public Agency United City of Yorkville Local Public Agency Type CityCity Clerk (SEAL) Title Mayor Attest:The of Local Public Agency United City of Yorkville Executed by the ENGINEER: Prime Consultant (Firm) Name Engineering Enterprises, Inc. Title Chief Operating Officer/President Attest: Title Project Manager By (Signature & Date)By (Signature & Date) By (Signature & Date)By (Signature & Date) BLR 05530 (Rev. 07/08/22)Page 7 of 9 Section Number 24-00053-00-RS County KendallKendall Local Public Agency United City of Yorkville Completed 09/06/2409/06/24 Prime Consultant (Firm) Name Engineering Enterprises, Inc. EXHIBIT A SCOPE OF SERVICES To perform or be responsible for the performance of the engineering services for the LPA, in connection with the PROJECT herein before described and enumerated below • Attend Pre-Construction Meeting • Review Contractor’s Proposed Construction Schedule • Set up field books, quantity books, diary, job box and all other forms of proper project documentation, including CMMS • Prepare a project contact list • Provide resident engineering for on-site observation • Keep inspector’s daily reports and quantity book records up to date • Maintain orderly files of all relevant project documents • Perform quantity measurements to prepare pay estimates and change orders for City & IDOT approval • Provide liaison functions related to the coordination of contractors, utilities, developers, other agencies and property owners engaged or affected by the project • Monitor adherence to project specifications • Maintain daily contact with the Contractor to monitor schedule • Maintain daily contact with City and IDOT • Gather material inspection and coordinate any required testing on behalf of the City • Provide guidance to the contractor when questions arise during construction • Provide construction layout • Provide information to residents as required • Perform punch list inspections and provide follow up inspections and recommend acceptance when appropriate • Communicate activities with City weekly or as required based on on-site activities • Complete job box and conduct all audits with IDOT • Complete required pay estimates and change orders to complete the project • Prepare necessary IDOT closeout paperwork BLR 05530 (Rev. 07/08/22)Page 8 of 9 Section Number 24-00053-00-RS County KendallKendall Local Public Agency United City of Yorkville Completed 09/06/2409/06/24 Prime Consultant (Firm) Name Engineering Enterprises, Inc. EXHIBIT B PROJECT SCHEDULE 1. Target Letting: 11/8/2024 2. Pre-Construction Meeting: 4/7/2025 3. Start of Construction: 5/5/2025 4. End of Construction: 6/20/2025 5. Project Closeout: 8/28/2026 BLR 05530 (Rev. 07/08/22)Page 9 of 9 Section Number 24-00053-00-RS County KendallKendall Local Public Agency United City of Yorkville Completed 09/06/2409/06/24 Prime Consultant (Firm) Name Engineering Enterprises, Inc. Exhibit C Qualification Based Selection (QBS) Checklist The LPA must complete Exhibit D. If the value meets or will exceed the threshold in 50 ILCS 510, QBS requirements must be followed. Under the threshold, QBS requirements do not apply. The threshold is adjusted annually. If the value is under the threshold with federal funds being used, federal small purchase guidelines must be followed. Form Not Applicable (engineering services less than the threshold) Items 1-13 are required when using federal funds and QBS process is applicable. Items 14-16 are required when using State funds and the QBS process is applicable. No Yes 1 Do the written QBS policies and procedures discuss the initial administration (procurement, management and administration) concerning engineering and design related consultant services? 2 Do the written QBS policies and procedures follow the requirements as outlined in Section 5-5 and specifically Section 5-5.06 (e) of the BLRS Manual? 3 Was the scope of services for this project clearly defined? 4 Was public notice given for this project? If yes Due date of submittal 08/09/2408/09/24 Method(s) used for advertisement and dates of advertisement Continuously on the City's website starting on 7/24/2024 5 Do the written QBS policies and procedures cover conflicts of interest? 6 Do the written QBS policies and procedures use covered methods of verification for suspension and debarment? 7 Do the written QBS policies and procedures discuss the methods of evaluation? Project Criteria Weighting Firm Experience 30% Staff Capabilities 30% Past Performance 30% Local Presence 10% 8 Do the written QBS policies and procedures discuss the method of selection? Selection committee (titles) for this project Eric Dhuse (Public Works Director) and Jesus Navarro (Facilities Manager) Top three consultants ranked for this project in order 1 Engineering Enterprises, Inc. 2 Engineering Resource Associates 3 The HOH Group 9 Was an estimated cost of engineering for this project developed in-house prior to contract negotiation? 10 Were negotiations for this project performed in accordance with federal requirements. 11 Were acceptable costs for this project verified? 12 Do the written QBS policies and procedures cover review and approving for payment, before forwarding the request for reimbursement to IDOT for further review and approval? 13 Do the written QBS policies and procedures cover ongoing and finalizing administration of the project (monitoring, evaluation, closing-out a contract, records retention, responsibility, remedies to violations or breaches to a contract, and resolution of disputes)? 14 QBS according to State requirements used? 15 Existing relationship used in lieu of QBS process? 16 LPA is a home rule community (Exempt from QBS). W VanEmmon S t W Fox St E Fox StS Bridge StW HydraulicAve Van Emmon Rd Bell StE Hydraulic Ave E Van Emmon St Heustis StMill StE Ridge St Benjamin StLegend Project Limits Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: FEBRUARY 2022 YO2204 YO2204 VanEmmon Street Location Map H:\GIS\PUBLIC\YORKVILLE\2022\ MJT NO.REVISIONS ³United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350www.yorkville.il.us 200 0 200100 Feet EXHIBIT EE.VAN EMMON STREET LOCATION MAP PROPOSAL Rubino Engineering, Inc. ● 425 Shepard Drive ● Elgin, IL 60123 ● (847) 931-1555 ● (847) 931-1560 fax August 21, 2024 To: Christopher J. Ott, PE, CPII Engineering Enterprises, Inc. 52 Wheeler Rd Sugar Grove, IL 60554 C: 630-742-2051 M: 630-466-6700 Re: QA Materials Testing Services E. Van Emmon Street Roadway Resurfacing Contract No. 87869 United City of Yorkville, Illinois Kendall County Proposal No. Q24.410 Via email: Cott@eeiweb.com Dear Mr. Ott, Rubino Engineering, Inc. is pleased to submit the following proposal to provide QA construction materials testing and inspection services for the above referenced project. PROJECT UNDERSTANDING Rubino Engineering, Inc. received material quantities from Christopher J. Ott, PE, CPII of Engineering Enterprises, Inc. (EEI) on August 15, 2024 and the following outlines our understanding of the requested scope of services: Project Name and Description E. Van Emmon Street (from Bridge Street to City Limits) Roadway Resurfacing in Yorkville, IL General Scope of Services BITUMINOUS PAVING AND CONCRETE  Longitudinal Join Sealant Application Rate  QA Field testing of hot mix asphalt (HMA) o LR1030-2 Specification with Nuclear Gauge Acceptance or Core Acceptance o Random Number Generation required for the QC/QA Program for QA Nuclear Testing  QA Laboratory testing of HMA - Bulk SG, Max SG, and Loss on Ignition  QA Field testing of uncured concrete o Slump, air, temperature, and casting of cylinders o Laboratory testing of cured concrete – compressive strength Extras  Prime Coat / Tack Coat Application Rate Testing  Re-inspection for failed tests  Work areas not ready for inspection at the time scheduled  Delays by the contractor  Cancellations  Overtime  Any services not described and listed above Rubino Engineering, Inc. proposes to provide experienced, technical personnel to perform the requested testing in general accordance with the client-provided project specifications. If any of the above information is incorrect, please notify us or change it on the signed copy of the proposal. Based on your email on August 15th and the plan set provided to Rubino, the following summarizes our estimate for testing and is subject to change based on final scheduling: EXHIBIT F E. Van Emmon Street Resurfacing in Yorkville, IL – QA Material Testing August 21, 2024 Rubino Proposal No. Q24.410 Rubino Engineering, Inc. Page 2 of 6 Material Estimated Number of trips Half / Full Day * LONGITUDINAL JOINT SEALANT SAMPLING/TESTING 1 Half (4 hours) BITUMINOUS PAVING – Surface and Binder 2 Full (8 hours) BITUMINOUS PAVING – Patching 1 Half (4 hours) CONCRETE 2 Half (4 hours) *Portal to Portal FEES . The work will be accomplished on a CECS in accordance with the attached BLR 05514 Cost Estimate and will be performed pursuant to the attached General Conditions. Copies of our Schedule of Services and Fees and General Conditions are enclosed herewith and incorporated into this proposal. The estimated fee is $9,498. Rubino Engineering, Inc.’s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed by the client’s request. Rubino Engineering, Inc. will proceed with the planned work only after receiving a signed copy of this proposal. Please complete the attached Project Data Sheet before returning the proposal to enable your file to be properly established. PROJECT SCHEDULING CLOSING Rubino appreciates the opportunity to offer our services for this project and we look forward to working with your company. Please contact me with questions pertaining to this proposal or requests for additional services. Respectfully submitted, RUBINO ENGINEERING, INC. Michelle A. Lipinski, PE President michelle.lipinski@rubinoeng.com Please book testing services prior to 4pm the day before testing is needed via our website: https://rubinoeng.com/schedule-field-testing The office and field project manager will be notified, and you will receive a confirmation email and possibly a follow up phone call or email for additional project information. Changes to the schedule or cancellations: scheduling@rubinoeng.com Please call the office with any questions or changes to the schedule between 8am to 4pm. RUBINO ENGINEERING, INC. IS: AN AASHTO-ACCREDITED LABORATORY IDOT PREQUALIFIED IDOT DBE-CERTIFIED (100% WOMAN-OWNED) E. Van Emmon Street Resurfacing in Yorkville, IL – QA Material Testing August 21, 2024 Rubino Proposal No. Q24.410 Rubino Engineering, Inc. Page 3 of 6 AUTHORIZATION AND PROPOSAL ACCEPTANCE If this proposal is acceptable to you, Rubino Engineering, Inc. will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of signed authorization. AGREED TO, THIS _________ DAY OF _____________________ , 20__. BY (please print): ___________________________________________________ TITLE: ___________________________________________________ COMPANY: ___________________________________________________ SIGNATURE: ___________________________________________________ PROJECT INFORMATION: 1. Project Name: _____________________________________________________________ 2. Project Location: ___________________________________________________________ 3. Your Job No: _____________________ Purchase Order No.: _____________________ 4. Project Manager: _______________________ Telephone No.: _____________________ 5. Site Contact:___________________________ Telephone No.: _____________________ 6. Number and Distribution of Reports: ( ) Copies To: _________________________ ( ) Copies To: _____________________ Attn: _________________________________ Attn: _____________________________ Email: _______________________________ Email: ___________________________ ( ) Copies To: _________________________ ( ) Copies To: _____________________ Attn: _________________________________ Attn: _____________________________ Email: _______________________________ Email: ___________________________ 7. Invoicing Address: __________________________________________________________ _________________________________________________________ _________________________________________________________ Attn: _____________________________________________________ Email: ___________________________________________________ 8. Other Pertinent Information Or Previous Subsurface Information Available: _________________________________________________________________________ _________________________________________________________________________ E. Van Emmon Street Resurfacing in Yorkville, IL – QA Material Testing August 21, 2024 Rubino Proposal No. Q24.410 Rubino Engineering, Inc. Page 4 of 6 REMARKS 1) All fees and services are provided in accordance with the attached Rubino Engineering, Inc. General Conditions. 2) Unit prices/rates are in effect for 6 months from the date of this proposal and are subject to change without notice thereafter if not noted above. 3) Overtime rates are applicable for services performed in excess of 8 hours per day Monday through Friday, before 7:00 AM or after 3:00 PM, and for all hours worked on Saturdays, Sundays and holidays. The overtime rate is 1.5 times the applicable hourly rate. Sundays and holidays are double time. 4) All rates are billed on a portal-to-portal basis. 5) Standby time due to delays beyond our control will be charged at the applicable hourly rate. 6) Transportation and per diem are charged at the applicable rates per trip. 7) Rates involving mileage (including transportation, mobilization, vehicle and trip charges) are subject to change based upon increases in the national average gasoline price. 8) A minimum charge of 4 hours applies to field testing and observation services up to 4 hours. Over 4 hours a minimum of 8 hours applies. Time calculated portal to portal and includes equipment loading, travel, and report preparation. 9) Scheduling or cancellation of field testing and observation services is required no less than the working day prior to the date the services are to be performed. Services cancelled without advance and/or inadequate notice will be assessed a minimum 4-hour charge. 10) For all Rubino Engineering, Inc. services, a project management/engineering review charge will be billed for all reports issued for the scheduling/supervision of personnel and the evaluation/review of data and reports. 11) The minimum billing increment for time is a half hour. 12) A project set-up charge of a minimum of two hours applies to all projects. 13) Professional Services rates are exclusive of expert deposition or testimony time. 14) This proposal is based on Rubino Engineering, Inc. being scheduled on an on-call basis and letters of certification will not be provided unless Rubino Engineering, Inc. is notified in advance and Rubino Engineering, Inc. is scheduled for full time inspection and testing of the area or item to be certified. 15) If special inspections are required by the city where the construction is to take place, it must be brought to the attention of Rubino Engineering, Inc. prior to the start of construction as additional charges will apply. 16) Prevailing wage fees are subject to change based on the Illinois Department of Labor. 17) Services and fees not listed on this schedule may be quoted on request. E. Van Emmon Street Resurfacing in Yorkville, IL – QA Material Testing August 21, 2024 Rubino Proposal No. Q24.410 Rubino Engineering, Inc. Page 5 of 6 E. Van Emmon Street Resurfacing in Yorkville, IL – QA Material Testing August 21, 2024 Rubino Proposal No. Q24.410 Rubino Engineering, Inc. Page 6 of 6 GENERAL CONDITIONS 1. PARTIES AND SCOPE OF SERVICES: Rubino Engineering, Inc. shall include said company or its particular division, subsidiary or affiliate performing the services. “Services” means the specific geotechnical, analytical, testing or other service to be performed by Rubino Engineering, Inc. as set forth in Rubino Engineering, Inc.’s proposal, Client’s acceptance thereof and these General Conditions. Additional services ordered by Client shall also be subject to these General Conditions. “Client” refers to the person or business entity ordering the services to be done by Rubino Engineering, Inc. If Client is ordering the services on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said services. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the services ordered by the client is adequate and sufficient for Client’s intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of Rubino Engineering, Inc.’s services. Rubino Engineering, Inc. shall have no duty or obligation to any third party greater than that set forth in Rubino Engineering, Inc.’s proposal, Client’s acceptance thereof and these General Conditions. The ordering of services from Rubino Engineering, Inc., or the reliance on any of Rubino Engineering, Inc.’s work, shall constitute acceptance of the terms of Rubino Engineering, Inc.’s proposal and these General Conditions, regardless of the terms of any subsequently issued document. 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspection of the site, materials and work performed by Rubino Engineering, Inc. or others to be timely and properly performed in accordance with the plans, specifications and contract documents and Rubino Engineering, Inc.’s recommendations. No claims for loss, damage or injury shall by brought against Rubino Engineering, Inc. by Client or any third party unless all tests and inspections have been so performed and unless Rubino Engineering, Inc.’s recommendations have been followed. Client agrees to indemnify, defend and hold Rubino Engineering, Inc., its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney’s fees in the event that all such tests and inspections are not so performed or Rubino Engineering, Inc.’s recommendations are not so followed except to the extent that such failure is the result of the negligence, willful or wanton act of omission of Rubino Engineering, Inc., its officers, agents or employees, subject to the limitation contained in paragraph 9. 3. SCHEDULING OF SERVICES: The services set forth in Rubino Engineering, Inc.’s proposal and Client’s acceptance will be accomplished in a timely, workmanlike and professional manner by RUBINO ENGINEERING, INC. personnel at the prices quoted. If Rubino Engineering, Inc. is required to delay commencement of the services or if, upon embarking upon its services, Rubino Engineering, Inc. is required to stop or interrupt the progress of its services as a result of changes in the scope of the services requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of Rubino Engineering, Inc., additional charges will be applicable and payable by Client. 4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for Rubino Engineering, Inc. to perform the services. Rubino Engineering, Inc. shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its services or the use of its equipment; however, Rubino Engineering, Inc. has not included in its fee the cost of restoration of damage which may occur. If Client desires or requires Rubino Engineering, Inc. to restore the site to its former condition, upon written request Rubino Engineering, Inc. will perform such additional services as is necessary to do so and Client agrees to pay Rubino Engineering, Inc. for the cost. 5. CLIENT’S DUTY TO NOTIFY ENGINEER: Client represents and warrants that it has advised Rubino Engineering, Inc. of any known or suspected hazardous materials, utility lines and pollutants at any site at which Rubino Engineering, Inc. is to perform services hereunder, and unless Rubino Engineering, Inc. has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits. Rubino Engineering, Inc. may use such information in performing its services and is entitled to rely upon the accuracy and completeness thereof. Client agrees to defend, indemnify and save Rubino Engineering, Inc. harmless from all claims, suits, loses costs and expenses, including reasonable attorney’s fees as a result of personal injury, death or property damage occurring with respect to Rubino Engineering, Inc.’s performance of its work and resulting to or caused by contact with subsurface of latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to Rubino Engineering, Inc. by Client and/or by any of Client’s subcontractors or sub consultants 6. RESPONSIBILITY: Rubino Engineering, Inc.’s services shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. Rubino Engineering, Inc. shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. Rubino Engineering, Inc.’s services or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Rubino Engineering, Inc. has no right or duty to stop the contractor’s work. 7. SAMPLE DISPOSAL: Unless otherwise agreed in writing, test specimens or samples will be disposed immediately upon completion of the test. All drilling samples or specimens will be disposed sixty (60) days after submission of Rubino Engineering, Inc.’s report. 8. PAYMENT: Client shall be invoiced once each month for services performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing with said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay Rubino Engineering, Inc.’s cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney’s fees. Rubino Engineering, Inc. shall not be bound by any provision or agreement requiring or providing for arbitration or disputes or controversies arising out of this agreement, any provision wherein Rubino Engineering, Inc. waives any rights to a mechanics’ lien, or any provision conditioning Rubino Engineering, Inc.’s right to receive payment for its services upon payment to Client by any third party. These General Conditions are notice, where required, that Rubino Engineering, Inc. shall file a lien whenever necessary to collect past due amounts. Release of such lien shall be given only when payment in full has been received for services duly rendered. Failure to make payment within thirty (30) days of invoice shall constitute a release of Rubino Engineering, Inc. from any and all claims which Client may have, whether in tort, contract or otherwise and whether known or unknown at the time. 9. STANDARD OF CARE: RUBINO ENGINEERING, INC.’S SERVICES WILL BE PERFORMED, ITS FINDINGS OBTAINED AND ITS REPORTS PREPARED IN ACCORDANCE WITH ITS PROPOSAL, CLIENT’S ACCEPTANCE THEREOF, THESE GENERAL CONDITIONS AND WITH GENERALLY ACCEPTED PRINCIPLES AND PRACTICES. IN PERFORMING ITS PROFESSIONAL SERVICES, RUBINO ENGINEERING, INC. WILL USE THAT DEGREE OF CARE AND SKILL ORDINARILY EXERCISED UNDER SIMILAR CIRCUMSTANCES BY MEMBERS OF ITS PROFESSION. RUBINO ENGINEERING, INC. MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH ITS SERVICES PROVIDED AS SET FORTH IN ITS PROPOSAL, CLIENT’S ACCEPTANCE THEREOF, AND THESE GENERAL CONDITIONS. STATEMENTS MADE IN RUBINO ENGINEERING, INC. REPORTS ARE OPINIONS BASED UPON ENGINEERING JUDGMENT AND ARE NOT TO BE CONSTRUED AS REPRESENTATIONS OF FACT. SHOULD RUBINO ENGINEERING, INC. OR ANY OF ITS PROFESSIONAL EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESSED OR IMPLIED WARRANTY, REPRESENTATION OR CONTRACT, CLIENT, ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON RUBINO ENGINEERING, INC.’S WORK, AGREE THAT THE MAXIMUM AGGREGATE AMOUNT OF THE LIABILITY OF RUBINO ENGINEERING, INC., ITS OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIMITED TO $10,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID TO RUBINO ENGINEERING, INC. FOR ITS WORK PERFORMED WITH RESPECT TO THE PROJECT, WHICHEVER AMOUNT IS GREATER. NO ACTION OR CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE, MAY BE BROUGHT AGAINST RUBINO ENGINEERING, INC., ARISING FROM OR RELATED TO RUBINO ENGINEERING, INC.’S WORK, MORE THAN TWO (2) YEARS AFTER THE CESSATION OF RUBINO ENGINEERING, INC.’S WORK HEREUNDER. 10. INDEMNITY: To the fullest extent permitted by law, Client and Rubino Engineering, Inc. each agree to indemnify the other party and the other party’s officers, directors, partners, employees, and representatives, from and against losses, damages, and judgments arising from claims by third parties, including reasonable attorneys’ fees and expenses recoverable under applicable law, but only to the extent they are found to be caused by a negligent act, error, or omission of the indemnifying party or any of the indemnifying party’s officers, directors, members, partners, agents, employees, subcontractors, or subconsultants in the performance of services under this Agreement. If claims, losses, damages, and judgments are found to be caused by the joint or concurrent negligence of Client and Rubino Engineering, Inc., they shall be borne by each party in proportion to its negligence. 11. TERMINATION: This Agreement may be terminated by either party upon seven (7) days’ prior written notice. In the event of termination, Rubino Engineering, Inc. shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses and for the completion of such services and records as are necessary to place Rubino Engineering, Inc.’s files in order and/or protect its professional reputation. Failure of Client to make payments when due shall be cause for suspension of services or, ultimately, termination, unless and until Rubino Engineering Inc. has been paid in full all amounts due for services, expenses and other related changes. 12. DISPUTE RESOLUTION: In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, the Client and Rubino Engineering, Inc. agree to attempt to resolve such disputes in the following manner: 1) The parties agree to attempt to resolve any and all unsettled claims, counterclaims, disputes and other matters in question through direct negotiations between the appropriate representatives of each party; 2) If such negotiations are not fully successful, the parties agree to submit any and all remaining unsettled claims, counterclaims, disputes and other matters in question to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association, effective as of the date of this Agreement. 13. WITNESS FEES: Rubino Engineering, Inc.’s employees shall not be retained as expert witnesses except by separate written agreement. Client agrees to pay Rubino Engineering, Inc.’s legal expenses, administrative costs and fees pursuant to Rubino Engineering, Inc.’s then current fee schedule for Rubino Engineering, Inc. to respond to any subpoena. 14. NO HIRE: Client agrees not to hire Rubino Engineering, Inc.’s employees except through Rubino Engineering, Inc. In the event Client hires a Rubino Engineering, Inc. employee, Client shall pay Rubino Engineering, Inc. an amount equal to one-half of the employee’s annualized salary, with Rubino Engineering, Inc. waiving other remedies it may have. 15. HAZARDOUS MATERIALS: Nothing contained within this agreement shall be construed or interpreted as requiring Rubino Engineering, Inc. to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA, CERCLA, or within any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Client assumes full responsibility for compliance with the provisions of RCRA, CERCLA, and any other Federal or State statute or regulation governing the handling, treatment, storage and disposal of pollutants. 16. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith and it is the specific intent of the parties that the terms of the General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken and the remaining provisions shall be enforceable. 17. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. Local Public Agency County Section Number Prime Consultant (Firm) Name Prepared By Date Consultant / Subconsultant Name Job Number Remarks CONTRACT TERM 7 MONTHS OVERHEAD RATE 176.27% START DATE 4/1/2025 COMPLEXITY FACTOR RAISE DATE 3/1/2026 % OF RAISE 2.00% END DATE 10/31/2025 Year First Date Last Date Months % of Contract 0 4/1/2025 10/31/2025 7 100.00% The total escalation =0.00% ESCALATION PER YEAR PAYROLL ESCALATION TABLE EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE City of Yorkville Kendall 24-00053-00-RS Engineering Enterprises, Inc.Michelle Lipinski 8/21/2024 Rubino Engineering, Inc.C-93-023-25 Q24.410 E. Van Emmon Street (FAU 2515) in Yorkville, Illinois This project is following the LR1030-2 specification (Nuclear Gauge or Core Acceptance: TBD) Note: This is name of the consultant the CECS is being completed for. This name appears at the top of each tab. Printed 8/21/2024 7:49 PM Page 1 of 5 BLR 05514 (Rev. 02/09/23) ESCALATION Local Public Agency County Section Number City of Yorkville 24-00053-00-RS Consultant / Subconsultant Name Job Number C-93-023-25 MAXIMUM PAYROLL RATE 86.00 ESCALATION FACTOR 0.00% IDOT CLASSIFICATION PAYROLL RATES CALCULATED RATE ON FILE Material Tester 1 & 2 $44.04 $44.04 Project Manager / Engineer $50.22 $50.22 Staff Engineer / Geologist / Soil Scientist $37.07 $37.07 Laboratory Staff $32.00 $32.00 Principal $74.00 $74.00 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET FIXED RAISE PAYROLL RATES Kendall Rubino Engineering, Inc. Printed 8/21/2024 7:49 PM Page 2 of 5 BLR 05514 (Rev. 02/09/23) RATES Local Public Agency County Section Number Consultant / Subconsultant Name Job Number QUANTITY CONTRACT RATE TOTAL $0.00 $0.00 $0.00 $0.00 9 $65.00 $585.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 $468.25 $936.50 $0.00 4 $50.00 $200.00 $267.00 $0.00 12 $19.50 $234.00 4 $44.50 $178.00 $2,133.50TOTAL DIRECT COSTS: Standard Proctor Inhouse Direct Cost Cylinders Inhouse Direct Cost Core Densities Inhouse Direct Cost Lab Services Actual Cost (Provide breakdown of each cost) Equipment and/or Specialized Equipment Rental Actual Cost (Requires 2-3 quotes with IDOT approval) Nuclear Gauge Inhouse Direct Cost Aerial Photography and Mapping Actual Cost (Requires 2-3 quotes with IDOT approval) Utliity Exploratory Trenching Actual Cost (Requires 2-3 quotes with IDOT approval) Testing of Soil Samples Actual Cost Courthouse Fees Actual Cost Storm Sewer Cleaning and Televising Actual Cost (Requires 2-3 quotes with IDOT approval) Traffic Control and Protection Actual Cost (Requires 2-3 quotes with IDOT approval) Public Meeting Exhibits/Renderings & Equipment Actual Cost (Submit supporting documentation) Recording Fees Actual Cost Transcriptions (specific to project)Actual Cost Web Site Actual Cost (Submit supporting documentation) Advertisements Actual Cost (Submit supporting documentation) Public Meeting Facility Rental Actual Cost (Submit supporting documentation) 2-Way Radio (Survey or Phase III Only)Actual Cost Telephone Usage (Traffic System Monitoring Only)Actual Cost CADD Actual Cost (Max $15/hour) Project Specific Insurance Actual Cost Monuments (Permanent)Actual Cost Photo Processing Actual Cost Overnight Delivery/Postage/Courier Service Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (In-house)Actual Cost (Submit supporting documentation) Copies of Deliverables/Mylars (Outside)Actual Cost (Submit supporting documentation) Parking Actual Cost Overtime Premium portion (Submit supporting documentation) Shift Differential Actual Cost (Based on firm's policy) Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day Vehicle Rental Actual Cost (Up to $55/day) Tolls Actual Cost Lodging Taxes and Fees (per GOVERNOR'S TRAVEL CONTROL BOARD)Actual Cost Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval Vehicle Mileage (per GOVERNOR'S TRAVEL CONTROL BOARD)Up to state rate maximum List ALL direct costs required for this project. Those not listed on the form will not be eligible for reimbursement by the LPA on this project. EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET ITEM ALLOWABLE Lodging (per GOVERNOR'S TRAVEL CONTROL BOARD) Actual Cost (Up to state rate maximum) DIRECT COSTS WORKSHEET City of Yorkville Kendall 24-00053-00-RS Rubino Engineering, Inc.C-93-023-25 Printed 8/21/2024 7:49 PM Page 3 of 5 BLR 05514 (Rev. 02/09/23) DIRECT COSTS Local Public Agency County Section Number Consultant / Subconsultant Name Job Number OVERHEAD RATE 176.27%0 TASK DIRECT COSTS (not included in row totals)STAFF HOURS PAYROLL OVERHEAD & FRINGE BENEFITS FIXED FEE SERVICES BY OTHERS TOTAL % OF GRAND TOTAL Material Tester 1 & 2 2,134 51.75 2,381 4,197 786 7,364 77.53% - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Subconsultant DL $0.00 Direct Costs Total ===>$2,133.50 $2,133.50 22.46% TOTALS 51.75 2,381 4,197 786 - 9,498 99.99% 6,578 COMPLEXITY FACTOR City of Yorkville Kendall 24-00053-00-RS EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET COST ESTIMATE WORKSHEET Rubino Engineering, Inc.C-93-023-25 Printed 8/21/2024 7:49 PM Page 4 of 5 BLR 05514 (Rev. 02/09/23) COST EST Local Public Agency County Section Number Consultant / Subconsultant Name Job Number AVERAGE HOURLY PROJECT RATES SHEET 1 OF 1 PAYROLL AVG TOTAL PROJ. RATES HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Material Tester 1 & 2 44.04 42.0 81.16%35.74 42 81.16%35.74 Project Manager / Engineer 50.22 8.0 15.46%7.76 8 15.46%7.76 Staff Engineer / Geologist / 37.07 0.0 Laboratory Staff 32.00 0.0 Principal 74.00 1.8 3.38%2.50 1.75 3.38%2.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTALS 51.8 100%$46.01 51.8 100.00%$46.01 0.0 0%$0.00 0.0 0%$0.00 0.0 0%$0.00 0.0 0%$0.00 EXHIBIT D COST ESTIMATE OF CONSULTANT SERVICES (CECS) WORKSHEET 24-00053-00-RSKendallCity of Yorkville Material Tester 1 & 2 Rubino Engineering, Inc.C-93-023-25 Printed 8/21/2024 7:49 PM Page 5 of 5 BLR 05514 (Rev. 02/09/23) AVG 1 Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE AUTHORIZING THE SECOND AMENDMENT TO THE ANNUAL BUDGET OF THE UNITED CITY OF YORKVILLE, FOR THE FISCAL YEAR COMMENCING ON MAY 1, 2024 AND ENDING ON APRIL 30, 2025 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.4, the City adopted Ordinance No. 2024-10 on March 26, 2024 adopting an annual budget for the fiscal year commencing on May 1, 2024 and ending on April 30, 2025; and, WHEREAS, pursuant to 65 ILCS 5/8-2-9.6, by a vote of two-thirds of the members of the corporate authorities then holding office, the annual budget of the United City of Yorkville may be revised by deleting, adding to, changing or creating sub-classes within object classes and object classes themselves. No revision of the budget shall be made increasing the budget in the event funds are not available to effectuate the purpose of the revision; and, WHEREAS, funds are available to effectuate the purpose of this revision. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the amounts shown in Schedule A, attached hereto and made a part hereof by reference, increasing and/or decreasing certain object classes and decreasing certain fund balances in the City-Wide Capital fund with respect to the United City of Yorkville’s 2024- 2025 Budget are hereby approved. Section 2. This ordinance shall be in full force and effect from and after its passage and approval according to law. Ordinance No. 2024-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Unaudited FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Actual Actual Actual Budget Budget Revenue Intergovernmental -$ 29,777$ 3,113$ 277,250$ 321,250$ Licenses & Permits 216,195 465,106 469,775 103,000 103,000 Charges for Service 837,007 880,006 906,544 929,575 929,575 Investment Earnings 4,712 36,964 94,689 20,000 20,000 Reimbursements 1,619,675 1,014,482 34,941 1,250,518 1,250,518 Other Financing Sources 3,138,492 2,902,227 1,843,512 449,642 449,642 Total Revenue 5,816,081$ 5,328,562$ 3,352,574$ 3,029,985$ 3,073,985$ Expenditures Contractual Services 290,817$ 154,381$ 210,048$ 327,675$ 327,675$ Capital Outlay 2,674,678 2,131,182 1,721,459 6,885,000 6,940,000 Debt Service 315,338 319,338 313,038 316,738 316,738 Other Financing Uses 489,382 104,209 104,627 104,034 104,034 Total Expenditures 3,770,215$ 2,709,110$ 2,349,172$ 7,633,447$ 7,688,447$ Surplus (Deficit)2,045,866$ 2,619,452$ 1,003,402$ (4,603,462)$ (4,614,462)$ Ending Fund Balance 2,165,601$ 4,785,053$ 5,788,455$ 1,164,373$ 1,173,993$ CITY-WIDE CAPITAL FUND (23) The City-Wide Capital Fund is used to maintain existing and construct new public infrastructure, and to fund other improvements that benefit the public. ($1,000) $1,000 $3,000 $5,000 $7,000 ThousandsFund Balance 1 23 CITY-WIDE CAPITAL FUND REVENUE Unaudited FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Account Actual Actual Actual Budget Budget Intergovernmental 23-000-41-00-4160 FEDERAL GRANTS -$ -$ -$ 275,000$ 275,000$ 23-000-41-00-4163 FEDERAL GRANTS-STP BRISTOL RIDGE - 29,777 3,113 2,250 2,250 23-000-41-00-4165 FEDERAL GRANTS - STP VAN EMMON - - - - 44,000 23-000-42-00-4210 BUILDING PERMITS 203,480$ 276,710$ 226,244$ -$ -$ 23-000-42-00-4214 DEVELOPMENT FEES - CW CAPITAL 4,715 14,396 11,531 3,000 3,000 23-000-42-00-4222 ROAD CONTRIBUTION FEE 8,000 174,000 232,000 100,000 100,000 23-000-44-00-4440 837,007$ 880,006$ 906,544$ 929,575$ 929,575$ 23-000-45-00-4500 4,712$ 36,964$ 94,689$ 20,000$ 20,000$ 23-000-46-00-4606 REIMB - COMED -$ -$ -$ 90,000$ 90,000$ 23-000-46-00-4612 REIMB - GRAND RESERVE IMPROVEMENTS 1,601,412 976,593 16,284 960,000 960,000 23-000-46-00-4636 REIMB - RAINTREE VILLAGE 6,355 4,377 - 200,518 200,518 23-000-46-00-4660 REIMB - PUSH FOR THE PATH - 26,523 - - - 23-000-46-00-4690 11,908 6,989 18,657 - - 23-000-49-00-4901 TRANSFER FROM GENERAL 1,091,989$ 2,902,227$ 1,843,512$ 449,642$ 449,642$ 23-000-49-00-4924 TRANSFER FROM BUILDINGS & GROUNDS 2,046,503 - - - - 1,250,518$ REIMB - MISCELLANEOUS Total:Reimbursements 1,619,675$ 1,014,482$ 34,941$ 1,250,518$ Reimbursements Total: 3,113$ 465,106$ 469,775$ Total:Investment Earnings 4,712$ 906,544$ 36,964$ 880,006$ Investment Earnings INVESTMENT EARNINGS 929,575$ 94,689$ United City of Yorkville City-Wide Capital Fund 20,000$ 20,000$ 321,250$ 929,575$ 103,000$ Description 277,250$ 103,000$ 29,777$ Licenses & Permits Licenses & Permits 216,195$ -$ Total:Intergovernmental 3,073,985$ Total: CITY-WIDE CAPITAL REVENUE Other Financing Sources Total:Other Financing Sources 3,138,492$ 5,816,081$ 3,352,574$ 2,902,227$ 1,843,512$ 5,328,562$ 449,642$ 3,029,985$ 449,642$ Charges for Service ROAD INFRASTRUCTURE FEE Total:Charges for Service 837,007$ 2 230 CITY-WIDE CAPITAL EXPENDITURES Unaudited FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Account Actual Actual Actual Budget Budget 23-230-54-00-5462 PROFESSIONAL SERVICES -$ 1,024$ 1,000$ 5,000$ 5,000$ 23-230-54-00-5465 ENGINEERING SERVICES 126,167 14,054 - 90,000 90,000 23-230-54-00-5482 STREET LIGHTING 103,350 59,880 138,890 127,200 127,200 23-230-54-00-5498 PAYING AGENT FEES 475 475 475 475 475 23-230-54-00-5499 BAD DEBT 335 488 308 5,000 5,000 23-230-56-00-5619 SIGNS 10,751 17,162 11,002 20,000 20,000 23-230-56-00-5632 ASPHALT PATCHING 5,264 9,715 - 10,000 10,000 23-230-56-00-5637 SIDEWALK CONSTRUCTIONS SUPPLIES 7,500 5,906 3,296 15,000 15,000 23-230-56-00-5642 STREET LIGHTING & OTHER SUPPLIES 36,975 45,677 55,077 55,000 55,000 23-230-60-00-6005 FOX HILL IMPROVEMENTS 158 135,732 - 30,000 30,000 23-230-60-00-6012 MILL ROAD IMPROVEMENTS 1,560,439 448,532 - - - 23-230-60-00-6016 US 34 (CENTER/ELDAMAIN RD) PROJECT - - - 107,000 107,000 23-230-60-00-6025 ROAD TO BETTER ROADS PROGRAM 812,945 650,514 907,111 872,000 872,000 23-230-60-00-6028 RTBR PROGRAM - SUBDIVISION PAVING - - - 3,750,000 3,750,000 23-230-60-00-6032 BRISTOL RIDGE ROAD 76,381 128,958 6,831 13,000 13,000 23-230-60-00-6034 DRAINAGE DISTRICT IMPROVEMENTS - - - 275,000 275,000 23-230-60-00-6036 RAINTREE VILLAGE IMPROVEMENTS 6,355 4,377 - - - 23-230-60-00-6039 RTE 47 IMPROV (KENNEDY / WATER PARK WAY)- - - 180,000 180,000 23-230-60-00-6040 KENNEDY ROAD (EMERALD LN / FREEDOM DR)- - - 125,000 125,000 23-230-60-00-6041 SIDEWALK REPLACEMENT PROGRAM 159,960 171,753 153,100 200,000 200,000 23-230-60-00-6044 RTE 47 & RTE 71 IMPROV (RT 71 / CATON FARM)- - - 90,000 90,000 23-230-60-00-6045 TREE REPLACEMENT PROGRAM - - - 30,000 30,000 23-230-60-00-6058 ROUTE 71 (RTE 47 / RTE 126) PROJECT - - - 26,000 26,000 23-230-60-00-6059 US 34 (IL 47/ORCHARD RD) PROJECT - - 99,832 - - 23-230-60-00-6062 PRAIRIE POINTE PEDESTRIAN BRIDGE - - - 50,000 50,000 23-230-60-00-6063 ROUTE 47 (RTE 30 / WATER PARK WAY)- - - 150,000 150,000 23-230-60-00-6071 BASELINE ROAD IMPROVEMENTS - 36,900 515,964 - - 23-230-60-00-6085 CORNEILS ROAD IMPROVEMENTS - - - 90,000 90,000 23-230-60-00-6087 KENNEDY ROAD (FREEDOM PLACE)- 101,671 15,738 835,000 835,000 23-230-60-00-6088 KENNEDY ROAD NORTH 58,440 420,836 546 - - 23-230-60-00-6089 VAN EMMON STREET IMPROVEMENTS - - 22,337 10,000 65,000 23-230-60-00-6094 KENNEDY ROAD BIKE TRAIL - 31,909 - - - 23-230-60-00-6098 BRISTOL BAY SUBDIVISION - - - 52,000 52,000 United City of Yorkville City-Wide Capital Fund 1,721,459$ 2,131,182$ 6,940,000$ Description 327,675$ Contractual Services Total:Contractual Services 290,817$ Capital Outlay Total:Capital Outlay 2,674,678$ 327,675$ 6,885,000$ 154,381$ 210,048$ 3 230 CITY-WIDE CAPITAL EXPENDITURES Unaudited FY 2025 FY 2025 FY 2022 FY 2023 FY 2024 Adopted Amended Account Actual Actual Actual Budget Budget United City of Yorkville City-Wide Capital Fund Description Debt Service - 2014A Bond 23-230-78-00-8000 PRINCIPAL PAYMENT 200,000$ 210,000$ 210,000$ 220,000$ 220,000$ 23-230-78-00-8050 INTEREST PAYMENT 115,338 109,338 103,038 96,738 96,738 Other Financing Uses 23-230-99-00-9924 TRANSFER TO BUILDINGS & GROUNDS 384,824$ -$ -$ -$ -$ 23-230-99-00-9951 TRANSFER TO WATER 104,558 104,209 104,627 104,034 104,034 316,738$ Total:Other Financing Uses 489,382$ 104,209$ 104,627$ 104,034$ 104,034$ Total:Debt Service - 2014A Bond 7,688,447$ Total: CITY-WIDE CAP EXPENDITURES 3,770,215$ 7,633,447$ 2,709,110$ 2,349,172$ 315,338$ 319,338$ 313,038$ 316,738$ 4 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #5 Tracking Number PW 2024-75 East Van Emmon Street Resurfacing - STP City Council – September 24, 2024 PW – 9/17/24 Moved forward to CC consent agenda. PW 2024-75 Majority Consideration of Approval Consideration of Resolution and Joint Agreement Brad Sanderson Engineering Name Department The purpose of this memo is to provide an update on the project schedule as well as introduce copies of the required Resolution and Joint Agreement. The general schedule associated with the construction of the project is listed below: • Bid Letting November 8, 2024 • Construction Start May 2025 • Construction Complete July 2025 IDOT requires that a specific resolution be passed as part of projects that have Federal funding. A draft resolution is attached. The Joint Agreement specifies the funding for the project, which is 80% Federal STP Funds ($413,416.00) and 20% Local Funds ($103,354.00). The funding will be for both construction and construction engineering. If you have any further questions or need additional information, please call. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: September 6, 2024 Subject: E. Van Emmon Street Resurfacing - STP Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION AUTHORIZING THE CITY’S SHARE OF CONSTRUCTION & CONSTRUCTION ENGINEERING COSTS FOR THE ROADWAY IMPROVEMENT OF THE E. VAN EMMON STREET RESURFACING PROJECT United City of Yorkville Location: E. Van Emmon Street (FAU 2515) Section No.: 24-00053-00-RS Project No.: T4N9(336) Job No.: C-93-023-25 WHEREAS, the City endeavors to improve a segment of E. Van Emmon Street from Illinois Route 47 (Bridge Street) to East City Limits that is approximately 0.50 miles in length and known to the Illinois Department of Transportation as Section Number 24-00053-00-RS and State Job Number C-93-023-25. WHEREAS, the cost of said improvement has necessitated the need for the use of federal funds. WHEREAS, the federal fund source requires a match of local funds. WHEREAS, the use of federal funds requires a joint funding agreement (“AGREEMENT”) with the Department of Transportation. NOW, THEREFORE, BE IT RESOLVED that the United City of Yorkville authorizes one hundred three thousand three hundred fifty four and 00/100, ($103,354.00), or as much of such sum as may be needed to match federal funds in the completion of aforementioned project known as Section Number 24-00053-00-RS. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute the above-mentioned AGREEMENT and any other such documents related to advancement and completion of said project. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK Resolution No. 2024-____ Page 2 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK W VanEmmon S t W Fox St E Fox StS Bridge StW HydraulicAve Van Emmon Rd Bell StE Hydraulic Ave E Van Emmon St Heustis StMill StE Ridge St Benjamin StLegend Project Limits Engineering Enterprises, Inc.52 Wheeler RoadSugar Grove, Illinois 60554(630) 466-6700 E. VAN EMMON STREET LOCATION MAPwww.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: FEBRUARY 2022 YO2204 YO2204 VanEmmon Street Location Map H:\GIS\PUBLIC\YORKVILLE\2022\ MJT NO.REVISIONS ³United City of Yorkville800 Game Farm RoadYorkville, IL 60560630-553-4350www.yorkville.il.us 200 0 200100 Feet Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #6 Tracking Number PW 2024-78 Timber Ridge Estates – Grace Community Church Water Main Easements City Council – September 24, 2024 PW – 9/17/24 Moved forward to CC consent agenda. PW 2024-78 Majority Consideration of Acceptance Please see the attached. Brad Sanderson Engineering Name Department Attached are easement documents necessary for the construction of the off-site water main for the Timber Ridge Estates development. We recommend that the City consider approving and accepting the easement. If you have any questions, let me know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Jori Behland, City Clerk Date: August 30, 2024 Subject: Timber Ridge Estates – Water Main Easement Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AUTHORIZING THE ACQUISITION OF CERTAIN EASEMENTS FOR THE EXTENSION OF A WATER MAIN WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Rally Homes, LLC, an Illinois limited liability company (the “Developer”), submitted a proposal to the City to construct eighty-three (83) single family homes (the “Development”) on fifty acres located at Van Emmon Road and Timber Oak Lane (the “Subject Property”); and WHEREAS, as a part of the Developer’s proposal, the Developer agreed to be responsible for all costs incurred for engineering, acquisition of the temporary and permanent easements and construction for the extension of water services to the Subject Property; and WHEREAS, on January 25, 2022, the City and the Developer entered into a Development Agreement which provided, among other things, for the construction of the extension of the water main (the “Water Main Extension”) to the Subject Property, which Development Agreement was amended on September 10, 2024, to require the Developer to acquire the necessary easements from the adjoining property owners as required to construct the Water Main Extension; and WHEREAS, Grace Community Church of Yorkville, one of the adjoining property owners is prepared to convey to the City a temporary construction easement and a permanent easement (collectively the “Easements”), in the forms attached hereto, on the condition that the City requires the Developer to restore its property required for the Water Main Extension to its condition prior to such construction and that the City agrees to provide one water connection to the Grace Community Church of Yorkville at no cost; and WHEREAS, the Developer, Grace Community Church and the City believe it to be in the best interest of the City to accept the Easements and to grant Grace Community Church of Yorkville one free connection to the City’s water service all as hereto provided. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated. Section 2. The following Easements, as attached hereto, are hereby accepted: Ordinance No. 2024-____ Page 2 1. Permanent Easement dated August 13, 2024, from Grace Community Church of Yorkville, as Grantor, said easement being located within Parcel No. 05-04- 103-004. 2. Temporary Construction Easement dated August 13, 2024, from Grace Community Church of Yorkville, as Grantor, said easement being located within Parcel No. 05-04-103-004. Section 3. The City Council hereby authorizes, for a term of twenty (20) years from the date of the approval of this Ordinance, one (1) free residential water connection or one (1) free non-residential water connection for up to two (2) inches to the City’s water service to serve the property owned by Grace Community Church of Yorkville and identified by Parcel No. 05-04- 103-004. Section 4. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Ordinance No. 2024-____ Page 3 Attest: ______________________________ CITY CLERK PIN: 05-04-103-004MILLSTREETDEERSTREET ILLINOIS ROUTE 126 (SCHOOLHOUSE ROAD)PIN: 05-04-103-004PIN: 05-04-126-005Illinois Professional Design Firm # 184-001322 2363 Sequoia Drive, Suite 101, Aurora, Illinois 60506 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com( IN FEET )1 inch = ft.1 OF 140 PIN: 05-04-103-004MILLSTREETDEERSTREET ILLINOIS ROUTE 126 (SCHOOLHOUSE ROAD)PIN: 05-04-103-004PIN: 05-04-126-005Illinois Professional Design Firm # 184-001322 2363 Sequoia Drive, Suite 101, Aurora, Illinois 60506 t. 630.553.7560 f. 630.553.7646 www.hrgreen.com( IN FEET )1 inch = ft.1 OF 140 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #7 Tracking Number PW 2024-80 Construction Engineering Change Order – Faxon Road City Council – September 24, 2024 PW – 9/17/24 Moved forward to CC consent agenda. PW 2024-80 Majority Approval Bart Olson Administration Name Department Summary Consideration of a change order covering construction engineering services on the City’s upcoming Faxon Road repaving project. Background This item was last discussed by the City Council in July, when the City Council approved a settlement agreement with TRG covering the Whispering Meadows subdivision, and in May, when the City Council approved a construction engineering agreement with EEI for the 2024 road paving program. Since approval of the TRG settlement agreement, the City has waited for receipt of funds from TRG to complete the Faxon Road repaving work, which is required to be complete by November 1, 2024 per the settlement agreement. TRG has indicated they will be issuing the City the settlement funds by the middle of next week, and has asked us to proceed forward with the work. The City Council has already approved a quote for the paving work contingent upon receipt of the settlement funds. We have notified the contractor of our intent to complete the work in the near future. Accordingly, EEI has submitted a proposal for construction engineering for the Faxon Road repaving. The EEI proposal for construction engineering is for an estimated value of $43,798, to be processed as a change order on top of the previous 2024 road program construction engineering contract with EEI for $239,982. The construction engineering contract will be billed out on an hourly basis. While these project expenses are not budgeted, the costs will be covered by the TRG settlement agreement funds and do not require a FY 25 budget amendment. Recommendation Staff recommends approval of the change order covering construction engineering services on the City’s upcoming Faxon Road repaving project. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: September 12, 2024 Subject: Construction engineering change order – Faxon Road To: Bart Olson Change Order Number: 1 City Administrator Change Order Date: 9/24/24 United City of Yorkville 651 Prairie Pointe Drive Project Name: 2024 Local Road Program Yorkville, IL 60560 Project Number: YO2408-P Description of Work / Scope Change / Reason for Change The City is receiving funds to complete the improvements on Faxon Road from High Ridge Lane to Twinleaf Trail. The location of additional improvements is shown in Attachment A. This additional scope requires additional construction observation and construction layout. Please find attached a level of effort (Attachment B), and the amounts are summarized below: Construction Engineering (Hourly) = $ 40,128.00 Direct Expenses (Actual Basis) = $ 3,670.00 Total Value of Change (Amount) = $ 43,798.00 Original Contract Sum $ 239,982.00 Net change by previous authorized Change Orders $ 0.00 Contract Sum prior to the Change Order $ 239,982.00 Sum of this Change Order $ 43,798.00 New Contract Sum $ 283,780.00 Authorized by: Authorized by Owner/Client/Agent: Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, IL 60554 By:_____________________________ By:____________________________ Date:___________________________ Date:___________________________ CHANGE ORDER Unit 4 Unit 2 Unit 1 McMurtrie Way North l a n d L nHigh Ridge LnE l d e n Dr M c M u r t r i e C t Red T ailCt White Plains Ln AlanDale L n Ala n D a l e LnRedbud Dr Nor t o n Ln Denise Ct H o n e y s u c k l e L n Cannonball TrlCannonball Trl I roqois Ln Canyon Trail Ct RedTailLn Meadowview LnPat r i ci aLnAm andaLn Yellowstone L n Western Ln CatalpaTrlTw i n l e a f T r l Alice Ave Fax o n R d Faxon Rd Sumac Dr NBr i dgeSt W i n t e r b e r r y D r Gol d e n r o d D r Canyon Trl LEGEND Remove 4.5", Pave 4.5" Binder & 1.5" Surface Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 Whispering Meadows Remaining Paving www.eeiweb.com DATE DATE: PROJECT NO.: FILE: PATH: BY: June 2024 YO2408 YO2408_Whispering_Meadows_Paving .MXD H:\GIS\PUBLIC\YORKVILLE\2024\ KJD NO.REVISIONS ³United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 630-553-4350www.yorkville.il.us 0 500 1,000250 Feet ATTACHMENT B: ESTIMATED LEVEL OF EFFORT AND ASSOCIATED COST PROFESSIONAL ENGINEERING SERVICES CLIENT PROJECT NUMBER United City of Yorkville YO2408-P PROJECT TITLE DATE PREPARED BY 2024 Local Road Program - Construction Engineering - Change Order #1 (Faxon Road Addition) ROLE PIC PM SPE 1 PE SPT 2 SPT 1 ADMIN PERSON RATE $246 $210 $186 $168 $175 $164 $72 CONSTRUCTION ENGINEERING 3.1 1 8 4 13 2,670$ 3.2 2 8 10 1,908$ 3.3 1 8 180 2 191 35,550$ Insert Task Subtotal:2 18 192 - - - 2 214 40,128$ 2 18 192 - - - 2 214 40,128 EEI STAFF DIRECT EXPENSES PIC Principal In Charage Printing/Scanning = -$ PM Project Manager Rubino (Material Testing) = 2,500$ SPE 1 Senior Project Engineer I Vehicle Charges ($65/day) = 1,170$ PE Project Engineer DIRECT EXPENSES =3,670$ SPT 2 Senior Project Technician II SPT 1 Senior Project Technician II LABOR SUMMARY ADMIN Adminstrative Assistant EEI Labor Expenses = 40,128$ TOTAL LABOR EXPENSES 40,128$ TOTAL COSTS 43,798$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com PROJECT TOTAL: CJO9/10/24 COSTTASK NO.TASK DESCRIPTION HOURS Contract Administration Construction Layout Observation and Documentation UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM 2024 Local Road Program United City of Yorkville Professional Services Agreement— Construction Engineering THIS AGREEMENT, by and between the United City of Yorkville, hereinafter referred to as the "City" or"OWNER" and Engineering Enterprises, Inc. hereinafter referred to as the "Contractor" or "ENGINEER" agrees as follows: A. Services: ENGINEER agrees to furnish to the City the following services: The ENGINEER shall provide any and all necessary engineering services to the City as indicated on the Scope of Services (Attachment B). Construction Engineering for all roadways indicated on Attachment E will be provided. Engineering will be in accordance with all City and Illinois Department of Transportation requirements. B. Term: Services will be provided beginning on the date of execution of this agreement and continuing, until terminated by either party upon 7 days written notice to the non- terminating party or upon completion of the Services. Upon termination the Contractor shall be compensated for all work performed for the City prior to termination. C. Compensation and maximum amounts due to Contractor: ENGINEER shall receive as compensation for all work and services to be performed herein, an amount based on the Estimated Level of Effort and Associated Cost included in Attachment C. Construction Engineering will be paid for as an Hourly Rate in the amount of $239,982 The hourly rates for this project are shown in the attached 2024 Standard Schedule of Charges (Attachment E). All payments will be made according to the Illinois State Prompt Payment Act and not less than once every thirty days. D. Changes in Rates of Compensation: In the event that this contract is designated in Section B hereof as an Ongoing Contract, ENGINEER, on or before February 1st of any given year, shall provide written notice of any change in the rates specified in Section C hereof (or on any attachments hereto) and said changes shall only be effective on and after May 1st of that same year. E. Ownership of Records and Documents: Contractor agrees that all books and records and other recorded information developed specifically in connection with this agreement shall remain the property 4 YEARS PAGE 1 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM of the City. Contractor agrees to keep such information confidential and not to disclose or disseminate the information to third parties without the consent of the City. This confidentiality shall not apply to material or information, which would otherwise be subject to public disclosure through the freedom of information act or if already previously disclosed by a third party. Upon termination of this agreement, Contractor agrees to return all such materials to the City. The City agrees not to modify any original documents produced by Contractor without contractors consent. Modifications of any signed duplicate original document not authorized by ENGINEER will be at OWNER's sole risk and without legal liability to the ENGINEER. Use of any incomplete, unsigned document will, likewise, be at the OWNER's sole risk and without legal liability to the ENGINEER. F. Governing Law: This contract shall be governed and construed in accordance with the laws of the State of Illinois. Venue shall be in Kendall County, Illinois. G. Independent Contractor: Contractor shall have sole control over the manner and means of providing the work and services performed under this agreement. The City's relationship to the Contractor under this agreement shall be that of an independent contractor. Contractor will not be considered an employee to the City for any purpose. H. Certifications: Employment Status: The Contractor certifies that if any of its personnel are an employee of the State of Illinois, they have permission from their employer to perform the service. Anti-Bribery: The Contractor certifies it is not barred under 30 Illinois Compiled Statutes 500/50-5(a) - (d) from contracting as a result of a conviction for or admission of bribery or attempted bribery of an officer or employee of the State of Illinois or any other state. Loan Default: If the Contractor is an individual, the Contractor certifies that he/she is not in default for a period of six months or more in an amount of $600 or more on the repayment of any educational loan guaranteed by the Illinois State Scholarship Commission made by an Illinois institution of higher education or any other loan made from public funds for the purpose of financing higher education (5 ILCS 385/3). Felony Certification: The Contractor certifies that it is not barred pursuant to 30 Illinois Compiled Statutes 500/50-10 from conducting business with the State of Illinois or any agency as a result of being convicted of a felony. reties PAGE 2 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM Barred from Contracting: The Contractor certifies that it has not been barred from contracting as a result of a conviction for bid-rigging or bid rotating under 720 Illinois Compiled Statutes 5/33E or similar law of another state. Drug Free Workplace: The Contractor certifies that it is in compliance with the Drug Free Workplace Act (30 Illinois Compiled Statutes 580) as of the effective date of this contract. The Drug Free Workplace Act requires, in part, that Contractors, with 25 or more employees certify and agree to take steps to ensure a drug free workplace by informing employees of the dangers of drug abuse, of the availability of any treatment or assistance program, of prohibited activities and of sanctions that will be imposed for violations; and that individuals with contracts certify that they will not engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. Non-Discrimination, Certification, and Equal Employment Opportunity: The Contractor agrees to comply with applicable provisions of the Illinois Human Rights Act (775 Illinois Compiled Statutes 5), the U.S. Civil Rights Act, the Americans with Disabilities Act, Section 504 of the U.S. Rehabilitation Act and the rules applicable to each. The equal opportunity clause of Section 750.10 of the Illinois Department of Human Rights Rules is specifically incorporated herein. The Contractor shall comply with Executive Order 11246, entitled Equal Employment Opportunity, as amended by Executive Order 11375, and as supplemented by U.S. Department of Labor regulations (41 C.F.R. Chapter 60). The Contractor agrees to incorporate this clause into all subcontracts under this Contract. International Boycott: The Contractor certifies that neither it nor any substantially owned affiliated company is participating or shall participate in an international boycott in violation of the provisions of the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of Commerce promulgated under that Act (30 ILCS 582). Record Retention and Audits: If 30 Illinois Compiled Statutes 500/20-65 requires the Contractor (and any subcontractors) to maintain, for a period of 3 years after the later of the date of completion of this Contract or the date of final payment under the Contract, all books and records relating to the performance of the Contract and necessary to support amounts charged to the City under the Contract. The Contract and all books and records related to the Contract shall be available for review and audit by the City and the Illinois Auditor General. If this Contract is funded from contract/grant funds provided by the U.S. Government, the Contract, books, and records shall be available for review and audit by the Comptroller General of the U.S. and/or the Inspector General of the federal sponsoring agency. The Contractor agrees to cooperate fully with any audit and to provide full access to all relevant materials. United States Resident Certification: (This certification must be included in all contracts involving personal services by non-resident aliens and foreign entities in YEARS PAGE 3 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM accordance with requirements imposed by the Internal Revenue Services for withholding and reporting federal income taxes.) The Contractor certifies that he/she is a: x United States Citizen Resident Alien Non-Resident Alien The Internal Revenue Service requires that taxes be withheld on payments made to non resident aliens for the performance of personal services at the rate of 30%. Tax Payer Certification : Under penalties of perjury, the Contractor certifies that its Federal Tax Payer Identification Number or Social Security Number is (provided separately) and is doing business as a (check one): Individual Real Estate Agent Sole Proprietorship Government Entity Partnership Tax Exempt Organization (IRC 501(a) only) x Corporation Not for Profit Corporation Trust or Estate Medical and Health Care Services Provider Corp. I. Indemnification: Contractor shall indemnify and hold harmless the City and City's agents, servants, and employees against all loss, damage, and expense which it may sustain or for which it will become liable on account of injury to or death of persons, or on account of damage to or destruction of property resulting from the performance of work under this agreement by Contractor or its Subcontractors, or due to or arising in any manner from the wrongful act or negligence of Contractor or its Subcontractors of any employee of any of them. In the event that the either party shall bring any suit, cause of action or counterclaim against the other party, the non-prevailing party shall pay to the prevailing party the cost and expenses incurred to answer and/or defend such action, including reasonable attorney fees and court costs. In no event shall the either party indemnify any other party for the consequences of that party's negligence, including failure to follow the ENGINEER's recommendations. J. Insurance: The ENGINEER agrees that it has either attached a copy of all required insurance certificates or that said insurance is not required due to the nature and extent of the types of services rendered hereunder. (Not applicable as having been previously supplied) K. Additional Terms or Modification: The terms of this agreement shall be further modified as provided on the attached Exhibits. Except for those terms included on the Exhibits, no additional terms are included as a part of this agreement. All prior understandings and agreements between the parties are merged into this agreement, and this agreement may not be modified orally or in any manner other than by an agreement in writing signed by both parties. In the event that any provisions of this agreement shall be held to a...'PAGE 4 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM be invalid or unenforceable, the remaining provisions shall be valid and binding on the parties. The list of Attachments are as follows: Attachment A: Standard Terms and Conditions Attachment B: Scope of Services Attachment C:Estimate of Level of Effort and Associated Cost Attachment D: Estimated Schedule Attachment E:Location Map Attachment F:2024 Standard Schedule of Charges 4 YEARS PAGE 5 UNITED CITY OF YORKVILLE 2024 LOCAL ROAD PROGRAM L. Notices: All notices required to be given under the terms of this agreement shall be given mail, addressed to the parties as follows: For the City: For the ENGINEER: City Administrator and City Clerk Engineering Enterprises, Inc. United City of Yorkville 52 Wheeler Road 651 Prairie Pointe Drive Sugar Grove Illinois 60554 Yorkville, IL 60560 Either of the parties may designate in writing from time to time substitute addresses or persons in connection with required notices. S'_ Agreed to this day of AA 12024. United City of Yorkville: Engineering Enterpri John rcell Brad Sanderson, PE Mayor Chief Operating Officer/ President lQ-1 on Behland Angie Smith City Clerk Executive Assistant YEARS0 PAGE 6 ENGINEERING ENTERPRISES, INC. ATTACHMENT A - MAY 2024 STANDARD TERMS AND CONDITIONS Agreement: These Standard Terms and Conditions, together with the Professional Services Agreement, constitute the entire integrated agreement between the OWNER and Engineering Enterprises, Inc. (EEI)(hereinafter"Agreement"), and take precedence over any other provisions between the Parties.These terms may be amended,but only if both parties consent in writing. Standard of Care: In providing services under this Agreement,the ENGINEER will endeavor to perform in a matter consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under same circumstances in the same locality. ENGINEER makes no other warranties,express or implied,written or oral under this Agreement or otherwise,in connection with ENGINEER'S service. Construction Engineering and Inspection: The ENGINEER shall not supervise, direct, control, or have authority over any contractor work, nor have authority over or be responsible for the means, methods, techniques sequences, or procedures of construction selected or used by any contractor,or the safety precautions and programs incident thereto,for security or safety of the site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. The ENGINEER neither guarantees the performance of any contractor nor assumes responsibility for contractor's failure to furnish and perform the work in accordance with the contract documents. The ENGINEER is not responsible for the acts or omissions of any contractor, subcontractor, or supplies, or any of their agents or employees or any other person at the site or otherwise furnishing or performing any work. Shop drawing and submittal review by the ENGINEER shall apply to only the items in the submissions and only for the purpose of assessing if upon installation or incorporation in the project work they are generally consistent with the construction documents. OWNER agrees that the contractor is solely responsible for the submissions and for compliance with the construction documents. OWNER further agrees that the ENGINEER'S review and action in relation to these submissions shall not constitute the provision of means, methods, techniques, sequencing or procedures of construction or extend or safety programs or precautions. The ENGINEER'S consideration of a component does not constitute acceptance of the assembled items. The ENGINEER'S site observation during construction shall be at the times agreed upon in the Project Scope. Through standard, reasonable means the ENGINEER will become generally familiar with observable completed work. If the ENGINEER observes completed work that is inconsistent with the construction documents, that information shall be communicated to the contractor and OWNER for them to address. Opinion of Probable Construction Costs: ENGINEER'S opinion of probable construction costs represents ENGINEER'S best and reasonable judgment as a professional engineer. OWNER acknowledges that ENGINEER has no control over construction costs of contractor's methods of determining pricing, or over competitive bidding by contractors, or of market conditions or changes thereto. ENGINEER cannot and does not guarantee that proposals,bids or actual construction costs will not vary from ENGINEER'S opinion of probable construction costs. Copies of Documents&Electronic Compatibility: Copies of Documents that may be relied upon by OWNER are limited to the printed copies(also known as hard copies)that are signed or sealed by the ENGINEER.Files in electronic media format of text,data, graphics, or of other types that are furnished by ENGINEER to OWNER are only for convenience of OWNER. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format,ENGINEER makes no representations as to long term compatibility,usability,or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those used by ENGINEER at the beginning of the project. Changed Conditions: If,during the term of this Agreement,circumstances or conditions that were not originally contemplated by or known to the ENGINEER are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risks,or other material terms of this Agreement,the ENGINEER may call for renegotiation of appropriate portions of this Agreement. The ENGINEER shall notify the OWNER of the changed conditions necessitating renegotiation,and the ENGINEER and the OWNER shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. If terms cannot be agreed to,the parties agree that either party has the absolute right to terminate this Agreement, in accordance with the termination provision hereof. Hazardous Conditions: OWNER represents to ENGINEER that to the best of its knowledge no Hazardous Conditions environmental or otherwise)exist on the project site. If a Hazardous Condition is encountered or alleged, ENGINEER shall have the obligation to notify OWNER and, to the extent of applicable Laws and Regulations, appropriate governmental officials. It is acknowledged by both parties that ENGINEER's scope of services does not include any services related to a Hazardous Condition. In the event ENGINEER or any other party encounters a Hazardous Condition, ENGINEER may,at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the project affected thereby until OWNER: i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Condition;and(ii)warrants that the project site is in full compliance with applicable Laws and Regulations. Consequential Damages: Notwithstanding any other provision of this Agreement,and to the fullest extent permitted by law, neither the OWNER northe ENGINEER,their respective officers,directors,partners,employees,contractors,or subcontractors shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected in any way to the Project or to this Agreement.This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of nw YEARS PAGE 1 ENGINEERING ENTERPRISES, INC. ATTACHMENT A- MAY 2024 profit, loss of business, loss of income, loss of reputation, or any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract, and breach of strict or implied warranty. Both the OWNER and the ENGINEER shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. Termination: This Agreement may be terminated for convenience,without cause, upon fourteen (14)days written notice of either party. In the event of termination,the ENGINEER shall prepare a final invoice and be due compensation asset forth in the Professional Services Agreement for all costs incurred through the date of termination. Either party may terminate this Agreement for cause upon giving the other party not less than seven(7)calendar days'written notice for the following reasons: a) Substantial failure by the other party to comply with or perform in accordance with the terms of the Agreement and through no fault of the terminating party; b) Assignment of the Agreement or transfer of the project without the prior written consent of the other party; c) Suspension of the project or the ENGINEER'S services by the OWNER for a period of greater than ninety(90) calendar days,consecutive or in the aggregate. d) Material changes in the conditions under which this Agreement was entered into, the scope of services or the nature of the project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. Payment of Invoices: Invoices are due and payable within 30 days of receipt unless otherwise agreed to in writing. Third Party Beneficiaries: Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the OWNER or the ENGINEER. The ENGINEER'S services under this Agreement are being performed solely and exclusively for the OWNER'S benefit,and no other party or entity shall have any claim against the ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. The OWNER and ENGINEER agree to require a similar provision in all contracts with contractors,subcontractors,vendors and other entities involved in this Project to carry out the intent of this provision. Force Majeure: Each Party shall be excused from the performance of its obligations under this Agreement to the extent that such performance is prevented by force majeure(defined below)and the nonperforming party promptly provides notice of such prevention to the other party. Such excuse shall be continued so long as the condition constituting force majeure continues.The party affected by such force majeure also shall notify the other party of the anticipated duration of such force majeure, any actions being taken to avoid or minimize its effect after such occurrence, and shall take reasonable efforts to remove the condition constituting such force majeure. For purposes of this Agreement,"force majeure"shall include conditions beyond the control of the parties, including an act of God, acts of terrorism, voluntary or involuntary compliance with any regulation, law or order of any government,war, acts of war whether war be declared or not), labor strike or lock-out, civil commotion, epidemic, failure or default of public utilities or common carriers, destruction of production facilities or materials by fire, earthquake,storm or like catastrophe.The payment of invoices due and owing hereunder shall in no event be delayed by the payer because of a force majeure affecting the payer. Additional Terms or Modification: All prior understandings and agreements between the parties are merged into this Agreement, and this Agreement may not be modified orally or in any manner other than by an Agreement in writing signed by both parties. In the event that any provisions of this Agreement shall be held to be invalid or unenforceable,the remaining provisions shall be valid and binding on the parties. Assignment: Neither party to this Agreement shall transfer or assign any rights or duties under or interest in this Agreement without the prior written consent of the other party. Subcontracting normally contemplated by the ENGINEER shall not be considered an assignment for purposes of this Agreement. Waiver: A party's waiver of, or the failure or delay in enforcing any provision of this Agreement shall not constitute a waiver of the provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. Attorney's Fees: In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover from the other all costs and expenses including without limitation the reasonable fees of its attorneys in such action or proceeding, including costs of appeal, if any, in such amount as the Court may adjudge reasonable. Fiduciary Duty: Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed to either party to the other party. EEI makes no warranty,express or implied,as to its professional services rendered. Headings: The headings used in this Agreement are inserted only as a matter of convenience only, and in no way define, limit, enlarge, modify,explain or define the text thereof nor affect the construction or interpretation of this Agreement. YEARS PAGE 2 UNITED CITY OF YORKVILLE, IL 2024 LOCAL ROAD PROGRAM 2024 Local Road Program United City of Yorkville, IL Professional Services Agreement - Construction Engineering Attachment B — Scope of Services CONSTRUCTION ENGINEERING: Attend the Pre-Construction Meeting with the Contractor Provide resident engineering for on-site observation Daily documentation of work tasks and calculation of installed pay items Monitor adherence to specifications Gather material inspection and coordinate any required testing on behalf of the City Provide guidance to the Contractor when questions arise during construction Prepare/verify pay estimates Gather invoices and waivers of lien from the Contractor Provide information to residents as required Perform punch list inspections, provide follow up inspections and recommend acceptance when appropriate Communicate activity with City weekly or as required based on on-site activities Prepare necessary closeout paperwork redtts PAGE 1 ATTACHMENT C: ESTIMATED LEVEL OF • 'T AND ASSOCIATED COST PROFESSIONAL PROJECTCLIENT United City of Yorkville Y02408-P PROJECT TITLE DATE PREPARED 2024 Local Road Program-Construction Engineering 5/13/24 1 CJO TASK TASK DESCRIPTION I PERSON HOURS COST NO. CONSTRUCTION ENGINEERING 3.1 Contract Administration 2 26 6 6 2 42 $ 8,304 3.2 Construction Layout 6 24 24 54 $ 10,092 3.3 Observation and Documentation 2 28 540 540 2 1,112 $ 205,236 Insert Task Subtotal: 4 60 570 570 4 1,208 $ 223,632 PROJECT • 601 5701 5701 1 1 41 1,2081 EEI STAFF DIRECT PIC Principal In Charage Printing/Scanning = $ - PM Project Manager Rubino (Material Testing) = $ 8,550 SPE 1 Senior Project Engineer I Vehicle Charges $65/da ) = $ 7,800 PE Project Engineer DIRECT EXPENSES= $ 16,350 SPT 2 Senior Project Technician II SPT 1 Senior Project Technician II LABO SUMMARYR ADMIN Adminstrative Assistant EEI Labor Expenses= $ 223,632 TOTAL LABOR EXPENSES $ 223,632 TOTAL • YEARS 1 ATTACHMENT D: ESTIMATED SCHEDULE CLIENT PROJECT NUMBER United City of Yorkville 1Y02408-P PROJECT TITLE DATE PREPARED BY 2024 Local Road Program - Construction Engineering 15/13/24 jCT-D7 TASK TASK DESCRIPTION 2024 NO. 3.1 Contract Administration 3.2 Construction Layout 3.3 Observation and Documentation YEARS iY i` WRVFIts r i G«u t SourN Y 3 SNNOOn NUW ibI NdLE I E'oE4 m E F W11t( GNN Ne Ew s xANuN Z 4NvoN x m', 0 0 nED. a 10 e rs r 4 NE NNrS o GniEsolE a s m4aerorxrE ., I. 4uLNEnN GawrrarsroF rFreNNxs CITYWIDE SIDEWALK REPAIR feEGNFsr N,N m noEvemEn¢ s x Q T9 EnNry roxautN uxo,uax _ m -x4FN t W4U/U) 4R/b vME40 RF4NW41, w 4ygIM, ME'rGN4Ivat[rwE[.. a 44NIF. ^ c NEOW000 aEEgyMPoRx 5040M4M.. SgpNNUM mtyM1 4 UNN . x m 5 FIMG g - Legend Project LimitsF — nginee,lng Enterprises,Inc. Unit-city er Yprkvllle 2024 LOCAL ROAD PROGRAM O651v.,.x vmM Dr, UNITED CITY OF ATTACHMENT E rv, na naaseG YORKVILLE,ILLINOIS LOCATION MAP EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 246.00 Principal E-3 241.00 Senior Project Manager E-2 234.00 Project Manager E-1 210.00 Senior Project Engineer/Surveyor II P-6 200.00 Senior Project Engineer/Surveyor I P-5 186.00 Project Engineer/Surveyor P-4 168.00 Senior Engineer/Surveyor P-3 155.00 Engineer/Surveyor P-2 140.00 Associate Engineer/Surveyor P-1 127.00 Senior Project Technician II T-6 175.00 Senior Project Technician I T-5 164.00 Project Technician T-4 153.00 Senior Technician T-3 140.00 Technician T-2 127.00 Associate Technician T-1 111.00 GIS Technician II G-2 125.00 GIS Technician I G-1 114.00 Engineering/Land Surveying Intern 1-1 82.00 Executive Administrative Assistant A-4 77.00 Administrative Assistant A-3 72.00 VEHICLES. REPROGRAPHICS, DIRECT COSTS, DRONE AND EXPERT TESTIMONY Vehicle for Construction Observation 20.00 In-House Scanning and Reproduction 0.25/Sq. Ft. (Black & White) 1.00/Sq. Ft. (Color) Reimbursable Expenses (Direct Costs) Cost Services by Others (Direct Costs) Cost + 10% Unmanned Aircraft System / Unmanned Aerial Vehicle / Drone 225.00 Expert Testimony 275.00 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Consent Agenda #8 Tracking Number ADM 2024-32 Treasurer’s Report for August 2024 City Council – September 24, 2024 ADM – 9/18/24 Moved forward to CC consent agenda. ADM 2024-32 Majority Approval Rob Fredrickson Finance Name Department (Unaudited) Beginning Fund Balance August Revenues YTD Revenues Revenue Budget % of Budget August Expenses YTD Expenses Expense Budget % of Budget Projected Ending Fund Balance General Fund 01 - General 11,317,510$ 2,086,341$ 9,307,544$ 24,269,791$ 38%2,004,205$ 7,152,264$ 24,269,791$ 29%13,472,791$ Special Revenue Funds 15 - Motor Fuel Tax 350,976 85,781 483,659 1,067,562 45%- 282,279 1,190,000 24%552,356 79 - Parks and Recreation 496,531 252,622 1,304,489 3,365,647 39%365,705 1,334,466 3,854,403 35%466,555 87 - Countryside TIF (1,175,726) - 41,139 232,465 18%1,397 46,631 225,781 21%(1,181,218) 88 - Downtown TIF (1,570,511) 14,110 154,128 304,494 51%4,548 23,452 923,967 3%(1,439,835) 89 - Downtown TIF II 216,129 3,791 121,775 149,102 82%138 151,114 172,000 88%186,790 11 - Fox Hill SSA 50,776 272 13,032 24,000 54%1,323 4,219 60,640 7%59,590 12 - Sunflower SSA 13,131 90 10,859 21,000 52%1,250 3,890 23,640 16%20,100 Capital Project Funds 25 - Vehicle & Equipment 1,581,655 369,386 786,106 1,668,774 47%198,264 1,271,486 3,326,455 38%1,096,276 23 - City-Wide Capital 5,788,455 213,535 524,321 3,029,985 17%90,820 340,760 7,633,447 4%5,972,016 24 - Buildings & Grounds 2,405,631 73,346 280,967 43,388,158 1%166,522 406,695 11,337,961 4%2,279,903 Enterprise Funds *51 - Water 8,928,863 1,373,906 3,225,799 48,154,287 7%5,505,204 6,840,106 40,206,233 17%5,314,556 *52 - Sewer 3,778,857 405,480 1,051,861 5,470,606 19%93,158 323,535 6,363,532 5%4,507,183 Library Funds 82 - Library Operations 882,883 69,269 1,130,270 1,962,584 58%93,128 325,235 1,995,272 16%1,687,918 84 - Library Capital 333,847 6,533 33,155 50,200 66%5,345 5,345 549,000 1%361,657 Total Funds 33,399,007$ 4,954,464$ 18,469,104$ 133,158,655$ 14%8,531,007$ 18,511,474$ 102,132,122$ 18%33,356,637$ * Fund Balance Equivalency Rob Fredrickson, Finance Director/Treasurer UNITED CITY OF YORKVILLE TREASURER'S REPORT - for the month ended August 31, 2024 Cash Basis As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Further information is available in the Finance Department. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #1 Tracking Number CC 2024-74 2024 ITEP Resolution of Support for the East Hydraulic Avenue Streetscape Project City Council – September 24, 2024 CC – 9/10/24 This agenda item was presented to City Council for feedback. CC 2024-72 Majority Approval Please see the attached. Erin Willrett Administration Name Department Overview The Illinois Transportation Enhancement Program (ITEP) is a competitive grant reimbursement program. IDOT’s next ITEP application period ends on September 30, 2024. The Resolution of Support is attached for your use. It asks the City commit to pay up to 20% of the required local match to complete the design, construction and construction engineering of the project. Up to 50% is required of the street lighting and the City will be responsible for all ineligible costs of the project. The City is applying for $3,000,000, which is the maximum per project in federal ITEP funds. The below project is estimated to be $4,310,300, as you can see in the included detailed budget. The City would be investing approximately $1,310,300 in matching funds, if the grant was awarded. Per the Finance Director, the General Fund currently has enough funds to provide the match. If the grant is awarded, staff would recommend a budget amendment, at time of implementation. East Hydraulic Avenue Streetscape Project Creation of a one-way street with the development of a multi-use path along East Hydraulic and a sidewalk along Mill Street and Heustis Street from East Hydraulic south to East Van Emmon Street. Project Perimeters (Logical Termini): Beginning at the corner of IL Route 47 east approximately 500 feet to the connection of the current multi-use path. An addition of sidewalk along Mill Street and Heustis Street from East Hydraulic Avenue south to East Van Emmon Street. Brief Description: As you can see in the detailed exhibit, the streetscape in the downtown beautifies and improves the visual character of the corridor and downtown, simplifies maintenance and contributes to an overall sense of place for Yorkville. Creating a one-way street will aid in traffic flow and will allow increased use of the river front area when events take place. The one-way street will include a pedestrian/bike component, a multi-use path will be built on the north side of East Hydraulic Avenue. This will increase safety by drawing pedestrians/bicyclists away from the train tracks. Staff is proposing hardscape between East Hydraulic Avenue and the railroad tracks by installing a fence barrier with landscaping elements. This application will include funds for bike racks, in the nearby park and potential future festival area. Staff is proposing removable bollards to prohibit traffic during festival times. This will create a safe atmosphere by allowing pedestrian and bicyclists to enjoy the area and flow through without the worry of vehicular traffic. During the September 10th City Council meeting Alderman Chris Funkhouser brought design ideas to the Council from other cities with a railroad traversing a street similar to East Hydraulic. Staff will take those design ideas into account, if the grant is secured and when design is underway. Memorandum To: City Council From: Erin Willrett, Assistant City Administrator CC: Bart Olson, City Administrator Date: September 24, 2024 Subject: 2024 ITEP Resolution of Support Staff is currently procuring letters of support of this project from the downtown businesses, elected officials in the area as well as from Omnitrax, IDOT and CMAP. Timeline: The resolution and letters of support will be necessary to include in the application documents that are due on September 30, 2024. Recommendation Staff would like to request City Council approval on the Resolution of Support for the East Hydraulic Avenue Streetscape Project. Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS IN SUPPORT OF AN ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM (ITEP) GRANT APPLICATION FOR STREETSCAPE IMPROVEMENTS INCLUDING BICYCLE AND PEDESTRIAN IMPROVEMENTS ON EAST HYDRUALIC AVENUE, MILL STREET AND HEUSTIS STREET WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a duly organized unit of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution; and WHEREAS, the desires to participate in the construction of streetscape improvements including construction of bicycle and pedestrian facilities on East Hydraulic Avenue between Illinois Route 47 and 500 feet east of Mill Street and pedestrian sidewalks along Heustis Street and Mill Street between East Hydraulic Avenue and East Van Emmon Street; and WHEREAS, the City has participated in the Downtown DYNAMIC Plan, and has determined that the Project is consistent with the strategic priorities identified in the plan; and WHEREAS, an Illinois Transportation Enhancement Program (ITEP) Grant will fund 80% of eligible preliminary engineering, design, construction, and construction engineering and 50% of street lighting of the proposed improvements with the remaining costs and ineligibles to be paid for with local funds; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Resolution No. 2024-____ Page 2 Section 2. The City does hereby commit to paying up to 20% required local match to complete the design, construction, and construction engineering and up to 50% required local match for street lighting, and all eligible costs associated with the Project. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK HYDRAULIC DISTRICT R R HYDRAULIC DISTRICT HYDRAULIC DISTRICT © Engineering Enterprises, Inc. 1 2 HYDRAULIC AVENUE IMPROVEMENTS ITEP APPLICATIONUNITED CITY OF YORKVILLE (SEE BELOW)(SEE ABOVE)HEUSTIS STREETMILL STREET13.5'E-E13.5'E-EPROPOSED FENCE WITH PLANTERS PROPOSED 12" RIBBON CURB PROPOSED CURB AND GUTTER PROPOSED PARALLEL PARKING PROPOSED 10' SHARED USE PATH PROPOSED 5' SIDEWALK PROPOSED 5' SIDEWALK PROPOSED 4' SIDEWALK PROPOSED 5' SIDEWALK PROPOSED SIGN ONE-WAY DO NOT ENTER PROPOSED SIGN ONE-WAY DO NOT ENTER PROPOSED SIGN ONE-WAY DO NOT ENTER PROPOSED SIGN ONE-WAY DO NOT ENTER PROPOSED SIGN ONE-WAY DO NOT ENTER PROPOSED SIGN ONE-WAY DO NOT ENTER PROPOSED 12" RIBBON CURB EXISTING CURB AND GUTTER EXISTING CURB AND GUTTER EXISTING CURB AND GUTTER PROPOSED SIGN ONE-WAY DO NOT ENTER PROPOSED SIGN ONE-WAY DO NOT ENTER LEGEND PROPOSED GATE ARM CONCRETE INSERT (SEE DETAIL) CONNECT TO EXISTING PATH CONCRETE INSERT (SEE DETAIL) CONCRETE INSERT (SEE DETAIL) REMOVABLE BOLLARDS REMOVABLE BOLLARDS PROPOSED FENCE WITH PLANTERS PROPOSED FENCE WITH PLANTERS ART INSTALLATION PROPOSED GATE ARM (TYP.) PROPOSED GATE ARM (TYP.)S BRIDGE STREET RRHYDRAULIC DISTRICTRRHYDRAULIC DISTRICTHYDRAULIC DISTRICT HYDRAULIC DISTRICT © Engineering Enterprises, Inc. 2 2 HEUSTIS STREET AND MILL STREET IMPROVEMENTS ITEP APPLICATIONUNITED CITY OF YORKVILLE HEUSTIS STREET E. VAN EMMON STREETMILL STREET E. VAN EMMON STREET20'E-E28'E-EPROPOSED CURB AND GUTTER CONNECT TO EXISTING SIDEWALK PROPOSED GATE ARM PROPOSED GATE ARM PROPOSED 5' SIDEWALK PROPOSED 5' SIDEWALK PROPOSED 4' SIDEWALK PROPOSED CURB AND GUTTER PROPOSED GATE ARM PROPOSED GATE ARM LEGEND PROPOSED 5' SIDEWALK CONNECT TO EXISTING SIDEWALK PROPOSED GATE ARM PROPOSED GATE ARM CONCRETE INSERT DETAIL PRELIMINARY COST ESTIMATE JOB NO: DESIGNED: DATE: PROJECT TITLE: ITEM UNIT NO.UNIT QUANTITY PRICE AMOUNT 1 CU YD 1,500 45.00$ 67,500.00$ 2 FOOT 1,830 4.00$ 7,320.00$ 3 EACH 18 200.00$ 3,600.00$ 4 SQ YD 3,040 25.00$ 76,000.00$ 5 SQ YD 1,170 15.00$ 17,550.00$ 6 SQ YD 290 20.00$ 5,800.00$ 7 POUND 5,940 0.25$ 1,485.00$ 8 POUND 600 0.10$ 60.00$ 9 TON 610 95.00$ 57,950.00$ 10 TON 310 110.00$ 34,100.00$ 11 SQ YD 190 125.00$ 23,750.00$ 12 SQ FT 9,550 10.00$ 95,500.00$ 13 SQ FT 200 40.00$ 8,000.00$ 14 SQ YD 3,900 12.00$ 46,800.00$ 15 FOOT 657 6.00$ 3,942.00$ 16 SQ FT 6,450 2.00$ 12,900.00$ 17 L SUM 1 50,000.00$ 50,000.00$ 18 EACH 9 1,500.00$ 13,500.00$ 19 EACH 9 1,000.00$ 9,000.00$ 20 EACH 2 2,500.00$ 5,000.00$ 21 EACH 1 500.00$ 500.00$ 22 FOOT 1,367 40.00$ 54,680.00$ 23 FOOT 720 35.00$ 25,200.00$ 24 CU YD 750 100.00$ 75,000.00$ 25 EACH 1 3,000.00$ 3,000.00$ 26 EACH 2 1,500.00$ 3,000.00$ 27 CAL DAY 20 1,000.00$ 20,000.00$ 28 EACH 1 2,000.00$ 2,000.00$ 29 L SUM 1 100,000.00$ 100,000.00$ 30 L SUM 1 50,000.00$ 50,000.00$ 31 CAL DAY 120 75.00$ 9,000.00$ 32 L SUM 1 7,500.00$ 7,500.00$ 33 L SUM 1 7,500.00$ 7,500.00$ 34 EACH 10 21,000.00$ 210,000.00$ 35 EACH 1 25,000.00$ 25,000.00$ 36 TON 50 200.00$ 10,000.00$ 37 SQ YD 210 40.00$ 8,400.00$ 38 L SUM 1 5,000.00$ 5,000.00$ 39 CAL DAY 25 1,500.00$ 37,500.00$ 40 EACH 3 300,000.00$ 900,000.00$ 41 SQ YD 1,920 15.00$ 28,800.00$ 42 L SUM 1 50,000.00$ 50,000.00$ 43 L SUM 1 25,000.00$ 25,000.00$ 44 L SUM 1 80,000.00$ 80,000.00$ 45 L SUM 1 7,500.00$ 7,500.00$ 46 FOOT 695 100.00$ 69,500.00$ SUBTOTAL 2,353,837.00$ CONTINGENCY (25%)589,000.00$ PRELIMINARY TOTAL W/ CONTINGENCY 2,942,837.00$ PRELIMINARY TOTAL W/ CONTINGENCY & INFLATION (4%) (2028)3,310,300.00$ PHASE I ENGINEERING 270,000.00$ PHASE II ENGINEERING 330,000.00$ PHASE III ENGINEERING 400,000.00$ 4,310,300.00$ 52 Wheeler Road, Sugar Grove, IL 60554 Tel: 630.466.6700 Fax: 630.466.6701 www.eeiweb.com ART INSTALLATION CONCRETE INSERTS REMOVABLE BOLLARS RAILROAD PROTECTIVE LIABILITY INSURANCE RAILROAD FLAGGERS RESTORATION LANDSCAPE IMPROVEMENTS TRAFFIC CONTROL AND PROTECTION, (SPECIAL) CHANGEABLE MESSAGE SIGN ROADWAY SIGNAGE HOT-MIX ASPHALT SHARED USE PATH HOT-MIX ASPHALT DRIVEWAY, 3" YO2447-C CJO September 4, 2024 Hydraulic Avenue Improvements - ITEP Application AGGREGATE BASE COURSE, TYPE B, 8" PERIMETER EROSION BARRIER INLET FILTERS ITEM EARTH EXCAVATION AGGREGATE BASE COURSE, TYPE B, 4" AGGREGATE SUBGRADE IMPROVEMENT 12" TOTAL PRELIMINARY COST ESTIMATE REGULATED SUBSTANCE FINAL CONSTRUCTION REPORT DECORATIVE FENCE INSTALLATION INLETS TO BE ADJUSTED WITH NEW FRAME AND GRATE COMBINATION CURB AND GUTTER REMOVAL PAVEMENT STRIPING SIDEWALK REMOVAL DECORATIVE STREET LIGHTS (INCLUDES FOUNDATION, CONDUIT AND WIRE) LIGHTING CONTROLLER, COMPLETE RAILROAD CROSSING IMPROVEMENTS (INCLUDES GATES AND PCC CROSSING) COMBINATION CONCRETE CURB AND GUTTER, TYPE B-6.12 CONCRETE RIBBON CURB NON-SPECIAL WASTE DISPOSAL REGULATED SUBSTANCE PRE-CONSTRUCTION PLAN SOIL DISPOSAL ANALYSIS MOBILIZATION REGULATED SUBSTANCES MONITORING MANHOLES TO BE ADJUSTED WITH NEW FRAME AND LID DRAINAGE IMPROVEMENTS PAVEMENT REMOVAL VALVE BOXES TO BE ADJUSTED BITUMINOUS MATERIALS (PRIME COAT) BITUMINOUS MATERIALS (TACK COAT) HOT-MIX ASPHALT SURFACE COURSE, MIX "D", IL-9.5, N50 PORTLAND CEMENT CONCRETE PAVEMENT, 8" SANITARY MANHOLES TO BE ADJUSTED WITH NEW FRAME AND LID PORTLAND CEMENT CONCRETE SIDEWALK, 6" DETECTABLE WARNINGS HOT-MIX ASPHALT BINDER COURSE, IL-19.0, N50 G:\Public\Yorkville\2024\YO2447-C ITEP Application\ITEP Application - Preliminary Cost Estimate Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #2 Tracking Number CC 2024-75 Lake Michigan Second Escrow Agreement Amendment City Council – September 24, 2024 CC – 3/12/24 Resolution was passed and the second escrow IGA was approved. CC 2024-18 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Summary Consideration of an amendment to the intergovernmental agreement with the DuPage Water Commission (DWC) covering the escrow payments for design engineering costs for the Lake Michigan water source project. Background This item was last discussed by the City Council in March 2024, when the City Council approved an intergovernmental agreement for detailed design engineering costs for the second phase of the Lake Michigan water source project. Since that approval, DWC has been designing the transmission mains and working to acquire easements along the project location. As part of this design work, DWC has engaged with IDOT to complete a small section of the transmission main along Route 71 between Yorkville and Oswego. IDOT is in the process of expanding Route 71 in this area, and they are moving utilities and infrastructure in the immediate area. The DWC design engineering team determined that a materials upgrade at a cost of around $90k to the IDOT storm sewer in the area would allow DWC to locate its planned transmission main near the storm sewer and would avoid DWC having to rip out this IDOT improvement in a few years. This all results in a gross cost savings for DWC (and the three Waterlink Communities) of around $300k. The current second escrow agreement covers only engineering costs, and so we have to add construction cost eligibility to the escrow agreement in order for DWC to properly authorize the work and utilize Yorkville’s escrowed funds. By approving the amended escrow agreement, the City is not required to deposit any additional funds. Deposited funds and project costs will be reconciled by DWC at a later date, and the escrow agreement already covers replenishment procedures if needed. Recommendation Staff recommends approval of the amendment to the intergovernmental agreement with the DuPage Water Commission (DWC) covering the escrow payments for design engineering costs for the Lake Michigan water source project. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: September 18, 2024 Subject: Amendment to second escrow agreement with DuPage Water Commission Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ RESOLUTION AUTHORIZING AN AMENDMENT TO THE SECOND ESCROW INTERGOVERNMENTAL AGREEMENT BY AND AMONG THE UNITED CITY OF YORKVILLE, THE VILLAGE OF OSWEGO, THE VILLAGE OF MONTGOMERY AND THE DUPAGE WATER COMMISSION WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), the Village of Oswego (“Oswego”) and the Village of Montgomery (“Montgomery”) are duly organized units of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution (collectively, the “Municipalities”); and WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law; and WHEREAS, the DuPage Water Commission (the “Commission”) is a county water commission and public corporation under Division 15 of Article 11 of the Illinois Municipal Code, 65 ILCS 5/11-135-1 et seq. and the Water Commission Act of 1985, 70 ILCS 3720/0.01 et seq.; and WHEREAS, on March 12, 2024, the City Council of the United City of Yorkville approved Resolution No. CC-2024-17, authorizing the execution of a second escrow intergovernmental agreement between the Village of Montgomery, the Village of Oswego, the United City of Yorkville, and the DuPage Water Commission (the “Parties”) related to Phase 2 engineering services; and WHEREAS, the Illinois Department of Transportation (“IDOT”) is planning to construct storm sewer work along the future water transmission main route along Illinois Route 71 for the Parties’ future connection to Lake Michigan water; and Resolution No. 2024-____ Page 2 WHEREAS, instead of installing reinforced concrete pipe storm sewer in the areas as planned, IDOT has agreed to install water main quality piping for the storm sewer, which would allow the Parties to locate their water transmission main in close proximity to IDOT’s storm sewer per the Illinois Environmental Protection Agency’s (“IEPA”) separation requirements; and WHEREAS, installation of water main quality piping for the storm sewer would cause IDOT to incur an additional $90,000 in change orders on the planned sewer work; and WHEREAS, by paying $90,000 for the IDOT change orders, the Parties have the ability to install the water transmission main near IDOT’s storm sewer, and the Parties would not be required to undo and reinstall IDOT’s storm sewers, causing an estimated saving upwards of $300,000; and WHEREAS, while the account established under the second escrow intergovernmental agreement has funds available to pay for the change order, the agreement does not specifically include the ability to pay for construction costs out of the account; and WHEREAS, the Parties deem it to be in their best interests to amend the second escrow intergovernmental agreement to allow the escrow funds to pay for the IDOT change order. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. An Amendment to the Second Escrow Intergovernmental Agreement, in the form attached hereto and made a part hereof, is hereby approved, and the Mayor and City Clerk are hereby authorized to execute said Agreement. Section 3. That this Resolution shall be in full force and effect from and after its passage Resolution No. 2024-____ Page 3 and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK AMENDMENT TO THE SECOND ESCROW INTERGOVERNMENTAL AGREEMENT This Amendment to the Second Escrow Intergovernmental Agreement (the “Amendment”) is dated the 19th day of September, 2024 between the Village of Montgomery (“Montgomery”), the Village of Oswego (“Oswego”), and the United City of Yorkville (“Yorkville”) (Oswego, Montgomery, and Yorkville are collectively referred to herein as the “Municipalities”) and the DuPage Water Commission (the “Commission”), a county water commission and public corporation under Division 135 of Article 11 of the Illinois Municipal Code, 65 ILCS 5/11-135-1 et seq., and the Water Commission Act of 1985, 70 ILCS 3720/0.01 et seq. (the “Acts”). WITNESSETH: WHEREAS, on March 24, 2024, the Commission and the Municipalities entered into the Second Escrow Intergovernmental Agreement (the “IGA”) for the purpose of funding an escrow for Phase 2 engineering services (the “Escrow”); and WHEREAS, the Commission and the Municipalities are negotiating and intend to enter into a Water Purchase and Sale Contract (the “Water Purchase Agreement”) for the supply of Lake Michigan Water to the Municipalities; and WHEREAS, as of the date of this amendment the Escrow maintains a sufficient balance and is not expected to need to be replenished before the execution of the Water Purchase Agreement; and WHEREAS, the Commission is in the process of entering into a Funding Resolution and Letter of Intent (the “Resolution and LOI”) with the Illinois Department of Transportation (“IDOT”) for the modification of an IDOT project entitled IL Route 71 Gravity Storm Sewer Replacement to include a water quality pipe (the “IDOT Project”); and WHEREAS, the IDOT Project impacts the design and construction of the project to build a connection between the Municipalities and the DWC facilities; and WHEREAS, the Water Purchase Agreement will not be finalized before the Commission needs to enter into the Resolution and LOI; and EXHIBIT A 2 WHEREAS, the IDOT Project will save the Municipalities significant engineering and construction costs as it relates to IEPA and Illinois Pollution Control Board requirements of minimal separation of non-potable water systems from potable water systems; and WHEREAS, the IGA does not specifically include the ability to pay for construction costs out of the Escrow; and WHEREAS, the parties deem it to be in their best interests to amend the IGA for Phase 2 engineering services to include the funding of the IDOT Project and allow the Escrow funds to pay for the Phase 2 engineering services, including the IDOT Project. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants and agreements herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the IGA is hereby amended as follows: 1. The recitals contained in the Preamble above will become a part of this Amendment to the Second Escrow Agreement as if fully set forth herein. 2. Capitalized terms used, but not otherwise defined herein, shall their respective meanings in the IGA. 3. Section 3 of the IGA is hereby amended to state as follows: The Commission will establish a segregated Escrow Account for the sole purpose of funding Commission Expenses. The Commission will draw from the Escrow Account to pay for or reimburse the design engineering costs of Commission Expenses along with the costs expended for the Project. Any remaining funds from the First Escrow Agreement will remain in the account and can be utilized for Phase 2 activities. 4. Except as expressly amended by this Amendment, the remaining terms, covenants, conditions, and provisions of the IGA shall remain unchanged and in full force and effect, and this Amendment and the IGA shall constitute the full, true, and complete agreement between the parties. 3 5. This Amendment shall be binding upon and inure to the benefit of the parties, and their successors and assigns. 6. If any provision of this Amendment is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Amendment shall be construed and enforceable as if the illegal, invalid or unenforceable provision had never comprised a part of it, and the remaining provisions of this Amendment shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance here from. Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Amendment, a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and legal, valid and enforceable. 7. This Amendment may be executed in counterparts, each of which shall be deemed an original instrument, but all such counterparts together shall constitute but one agreement. Delivery of an executed counterpart signature page by facsimile or electronic transmittal (PDF) is as effective as executing and delivering this Amendment in the presence of the other parties to this Amendment. 4 IN WITNESS WHEREOF, each Municipality and the Commission hereto have caused their respective corporate names to be subscribed hereto and their respective corporate seals to be affixed hereto and attested by their duly authorized officers, all on the date set opposite their respective corporate names. ATTEST: DuPage Water Commission _________________________ BY: ________________________ ATTEST: Village of Montgomery _________________________ BY: ________________________ ATTEST: Village of Oswego _________________________ BY: ________________________ ATTEST; United City of Yorkville _________________________ BY: ________________________ Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2024-18 Lake Michigan Phase 2 Engineering Escrow Agreement City Council – March 12, 2024 Majority Approval Please see the attached memo. Bart Olson Administration Name Department Packet materials from 3/12/24 CC meeting to follow Summary Consideration of an intergovernmental agreement for detailed design engineering costs for the second phase of the Lake Michigan water source project. Background This item was last discussed by the City Council in June 2023, when the City Council approved an intergovernmental agreement between Oswego, Montgomery, DuPage Water Commission (DWC) and Yorkville that covers municipal coverage of phase 1 and phase 2 engineering costs of the Lake Michigan water supply project. In general, the City’s coverage of phase 1 and partial phase 2 design engineering costs totaled $1.4m spread out over three deposits in 2023. Since then, phase 1 engineering is wrapping up and DWC has received a proposal for phase 2 engineering costs (attached) from their current engineering consultants (LAN – Lockwood, Andrews, and Newnam, Inc.) in an amount of ~$20m. DWC is asking the three Waterlink communities to approve the attached intergovernmental agreement and make the first deposit prior to expected DWC board approval of the engineering contract on March 21st. The agreement structures our deposits as: $2,588,000 on or before March 21st; $1,844,000 on or before September 1, and $2,220,300 on or before Jan 1, 2025. The agreement provides for equal shares between each town, with the intent that when we finalize an overall project cost share, we will reconcile these engineering costs at that time. Additionally, DWC has opined that they expect the phase 1 engineering costs to come in $400,000 below budget. When the final phase 1 payments are made, any leftover funds will be carried forward to the phase 2 engineering process and credits will be issued against future deposits. Yorkville’s cost for this engineering agreement is generally included in the FY 24 and FY 25 budget, and no budget amendment is proposed at this time. Per the FY 25 budget presentation, we expect to have a better idea of project details including costs in the coming months, which will result in us having a more defined project schedule and financing plan. These phase 2 engineering costs have not been specifically estimated in any of our previous communications to City Council, but they are generally in line with what we expected as part of our DWC Water Transmission Mains estimate of ~$100m+. As a general project update, we expect a public presentation of high-level cost and route information in the next couple months. Costs have increased in general, because of construction inflation, plans being more in depth and thus some costs are becoming more certain, and that Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: March 7, 2024 Subject: Lake Michigan Phase 2 Engineering Escrow Agreement new project components are being identified. The exact utility route is not final and may not be disclosed in full, for security and land acquisition considerations. This phase 2 engineering agreement will take us all the way through production of bid documents and an expected 4- phased transmission main bid in late 2025. Completion of the transmission mains is still planned to be end of 2027 at the earliest, but all entities have been briefed that a turn-on of the system is not likely until Summer 2028. This is because the DWC engineering team has commissioned new water system extensions to communities in the past during a winter season, and the relative cold temperature of the lake water plus cold ground temperature results in an exorbitant amount of watermain breaks. Thus, they recommend commissioning only during warmer months. Recommendation Staff recommends approval of the intergovernmental agreement covering phase 2 engineering costs for the Lake Michigan water supply project. Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ RESOLUTION APPROVING A SECOND ESCROW INTERGOVERNMENTAL AGREEMENT BY AND AMONG THE UNITED CITY OF YORKVILLE, THE VILLAGE OF OSWEGO, THE VILLAGE OF MONTGOMERY AND THE DUPAGE WATER COMMISSION WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), the Village of Oswego (“Oswego”) and the Village of Montgomery (“Montgomery’) are duly organized units of government of the State of Illinois within the meaning of Article VII, Section 10 of the 1970 Illinois Constitution (collectively, the “Municipalities”); and, WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize units of local government to contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law; and WHEREAS, the Municipalities and the DuPage Water Commission (the “Commission”) is a county water commission and public corporation under Division 15 of Article 11 of the Illinois Municipal Code, 65 ILCS 5/11-135-1 et seq. and the Water Commission Act of 1985, 70 ILCS 3720/0.01 et seq.; and WHEREAS, the Municipalities and the Commission are in the process of negotiating contracts for the sale of Lake Michigan water to the Municipalities from the Commission’s Waterworks System; and WHEREAS, the Commission will design, construct, own, operate and maintain the water main (the “Project”) required to transmit the water; and WHEREAS, the Commission will incur expenses for the design and construction of the Project and the eventual connections to serve the Municipal System, costs which will include but not be limited to engineering, property acquisition, and easement acquisitions (the “Commission Resolution No. 2024-____ Page 2 Expenses”); and WHEREAS, the Commission and the Municipalities previously entered into an Escrow Intergovernmental Agreement for the first phase of engineering on the Project, this first phase now having reached completion; and WHEREAS, the Municipalities and Commission mutually agree and desire to commence the necessary engineering for the second phase of engineering for the Project, including conventional engineering activities associated with preparation of “issued for bid” construction drawings and associated permits and contract documents, specifications, and estimates (“Phase 2 Services”) prior to the execution of the water purchase and sale contracts and construction contract in order to accelerate the schedule for the delivery of Lake Michigan water to the Municipalities; and WHEREAS, the Commission requires the Municipalities to establish an escrow fund with the Commission as stated herein to provide a funding source for the Phase 2 Services portion of the Commission Expenses pursuant to the terms as stated in the attached Second Escrow Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. Second Escrow Intergovernmental Agreement Among the United City of Yorkville, Village of Oswego, Village of Montgomery and the DuPage Water System, in the form attached hereto and made a part hereof, is hereby approved; and, the Mayor and City Clerk are hereby authorized to execute said Agreement. Resolution No. 2024-____ Page 3 Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK SECOND ESCROW INTERGOVERNMENTAL AGREEMENT This Second Escrow Intergovernmental Agreement (the “Second Escrow Agreement”) is dated the 21st day of March, 2024 between the Village of Montgomery (“Montgomery”), the Village of Oswego (“Oswego”), and the United City of Yorkville (“Yorkville”) (Oswego, Montgomery, and Yorkville are collectively referred to herein as the “Municipalities”) and the DuPage Water Commission (the “Commission”), a county water commission and public corporation under Division 135 of Article 11 of the Illinois Municipal Code, 65 ILCS 5/11-135-1 et seq., and the Water Commission Act of 1985, 70 ILCS 3720/0.01 et seq. (the “Acts”). WITNESSETH: WHEREAS, the Commission has been organized under the Acts to supply water within its territorial limits; and WHEREAS, the Municipalities currently own and operate municipal drinking water systems served by wells which extract source water from the Ironton-Galesville aquifer; and WHEREAS, the Municipalities are within the territorial limits of the Commission; and WHEREAS, the Municipalities intend to change from the Ironton-Galesville groundwater source to Lake Michigan source water, through a future water purchase agreement with the Commission, and have applied to and been awarded a Lake Michigan Water Allocation Permit from the State of Illinois Department of Natural Resources, Office of Water Resources (“IDNR”); and WHEREAS, the Municipalities, pursuant to a 2021 Intergovernmental Cost-Sharing Agreement have conducted extensive study and have concluded that the most sustainable alternative water source to serve the Municipalities through the municipal waterworks systems currently serving the Municipalities, as well as any extensions or improvements of those systems (collectively the “Municipal Systems”) is Lake Michigan water from the Commission; and 2 WHEREAS, since time is of the essence, the Municipalities agree to equally share in the costs of this Second Escrow Agreement until the final cost-share allocation for construction is determined by the Municipalities. It is the intent of the Municipalities that the engineering costs paid into the escrow account pursuant to this Second Escrow Agreement will mirror the cost share allocation for construction. The Municipalities, separate from the DWC, agree to; 1) include these contributions in a cost-share agreement, 2) make an adjustment, accounting, or true-up at the time of the cost-share agreement, and 3) use best efforts to finalize said agreement no later than January 1, 2025 The Commission will not be a party to the Municipalities’ cost sharing agreement and will not have any responsibility or liability as to the true-up or any adjusted accounting, as this paragraph only applies to the Municipalities. and WHEREAS, the Commission owns and maintains a waterworks system as a supplier of Lake Michigan water to member customers that contract for such service (“Commission’s Waterworks System”); and WHEREAS, Oswego seeks to connect to Lake Michigan water through the Commission in 2027, Yorkville in 2030, and Montgomery in 2032; and WHEREAS, the Commission has entered into a water supply contract with the City of Chicago to purchase Lake Michigan water sufficient to meet the water supply needs of the Commission and its customers; and WHEREAS, the Municipalities and the Commission are in the process of negotiating a Construction Contract for the construction of a transmission line to be directly connected to the Commission’s Waterworks System (the “Direct Connections”), through the construction and extension of the Commission’s water transmission infrastructure as preliminarily described in Exhibit A (the “Transmission Main”), such that the Municipal Systems will connect through the Transmission Main to the Commission’s Waterworks System facilities directly; and WHEREAS, the Commission will design, construct, own, operate, and maintain the Transmission Main (the “Project”); and 3 WHEREAS, the Municipalities have each individually submitted a (“Notice of Intent”) for financing through the Water Infrastructure Finance and Innovation Act (“WIFIA”), and are currently assembling additional financing instruments which have not yet closed; and WHEREAS, the Water Purchase and Sale Agreement will document the financing terms including the disposition of construction costs among the participating Municipalities, which are not yet fully established pending the assembly of financing instruments by the Municipalities; and WHEREAS, the Commission will incur expenses for the design and construction of the Project and the eventual Direct Connections to serve the Municipal System, costs which will include but not be limited to engineering, property acquisition, and easement acquisitions (the “Commission Expenses”); and WHEREAS, the Municipalities and Commission have previously entered into an Escrow Intergovernmental Agreement for Phase 1 engineering services related to the preliminary engineering design of the Transmission Main and Direct Connections (the “Phase 1 Services”); and WHEREAS, the Phase I Services have been substantially completed by Lockwood, Andrews and Newnam, Inc. (“LAN”); and WHEREAS, in order to continue with the necessary engineering, including conventional engineering activities associated with preparation of “issued for bid” construction drawings and associated permits and contract documents, specifications, and estimates (the “Phase 2 Services”) prior to the execution of the Water Purchase and Sale Agreements and Construction Contract in order to maintain the desired schedule for the delivery of Lake Michigan water to the Municipalities, a contract will need to be executed with LAN to perform the Phase 2 Services; and WHEREAS, the Municipalities and the Commission agree that the Phase 2 Services may include some preliminary land acquisition soft costs, including but not limited to legal, survey and title commitment; however, Phase 2 Services do not include costs for the actual acquisitions of any easements or fee simple purchases of real estate as those types, of acquisition costs will be subject to a separate agreement; and 4 WHEREAS, the Commission requires the Municipalities to establish an escrow fund with the Commission as stated herein to provide a funding source for the design engineering portion of the Phase 2 Services; and WHEREAS, the Commission will execute a contract with Lockwood, Andrews and Newnam, Inc. (“LAN”) to perform the Phase 2 Services; and WHEREAS, the cost of services to complete the Phase 2 Services from LAN is the amount of $19,956,942 plus reimbursable costs; and WHEREAS, the Municipalities agree that they are responsible for those expenses incurred for Phase 2 Services performed and completed within the scope of services of the contract between the Commission and LAN; and WHEREAS, pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., the Commission and the Municipalities are authorized to enter into this Second Escrow Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants and agreements herein contained, the Municipalities and the Commission hereby agree as follows: 1. The recitals contained in the Preamble above will become a part of this Second Escrow Agreement as if fully set forth herein. 2. Montgomery, Oswego, and Yorkville will each deposit $6,652,300 into the Commission’s escrow account for a total amount of $19,956,900 plus reimbursable costs in the form of cash to be held by the Commission in escrow (“Escrow Account”) in three payments as follows: • The First Payment will be due on or before March 21, 2024, in the amount of $2,588,000 • The Second Payment will be due on or before September 1, 2024, in the amount of 5 $1,844,000 • The Third Payment will be due on or before January 1, 2025, in the amount of $2,220,300 3. Since time is of the essence, the Municipalities agree to equally share in the costs of this Second Escrow Agreement until the final cost-share allocation for construction is determined by the Municipalities. It is the intent of the Municipalities that the engineering costs paid into the escrow account pursuant to this Second Escrow Agreement will mirror the cost share allocation for construction. The Municipalities, separate from the DWC, agree to; 1) include these contributions in a cost-share agreement, 2) make an adjustment, accounting, or true-up at the time of the cost-share agreement, and 3) use best efforts to finalize said agreement no later than January 1, 2025The Commission will not be a party to the Municipalities’ cost sharing agreement and will not have any responsibility or liability as to the true-up or any adjusted accounting, as this paragraph only applies to the Municipalities. 3. The Commission will establish a segregated Escrow Account for the sole purpose of funding the Commission Expenses. The Commission will draw from the Escrow Account to pay for or reimburse the design engineering costs of Commission Expenses. Any remaining funds from the First Escrow Agreement will remain in the account and can be utilized for Phase II activities. 4. The Escrow Account will be insured and interest bearing, and the Commission will provide the Municipalities with Quarterly Statements: (1) showing the starting and ending balances for that quarter in the Escrow Account; and (2) detailing the design engineering costs of Commission Expenses incurred for that quarter including any amounts received or paid from the Escrow Account. The Municipalities will have the right to conduct audits for three years after the termination of this Second Escrow Agreement relative to the Escrow Account. 5. The Commission will keep a record of all pay requests from the Escrow Account for reimbursement of Commission Expenses incurred (the “Pay Request”) and sufficient documentation of the Commission Expenses incurred in support of the Pay Request. The 6 documentation will be retained for review by the Municipalities upon request and included within the Quarterly Statements issued by the Commission. 6. The Municipalities and the Commission will resolve any Escrow Account disputes using the dispute resolution procedure set forth in Paragraph 10. 7. This Second Escrow Agreement will terminate, and any monies not paid or incurred for Commission Expenses, including any interest therein will be returned to the Municipalities, unless mutually extended by the Municipalities and the Commission, upon the earlier of: a. Two years from the date of this Escrow Agreement; b. Upon the signing of Water Purchase and Sale Agreements between the Commission and the Municipalities for the purchase of water from the Commission; c. Upon the Municipalities’ written notification to the Commission that they are no longer pursuing Water Purchase and Sale Agreements with the Commission for the purchase of water from the Commission; or d. Any failure of one or more of the Municipalities to make any payment required under this Second Escrow Agreement within seven days after being notified of the failure to pay. No monies will be returned to the Municipalities until a full accounting has been completed of the expenditures incurred under this Second Escrow Agreement. 9. The Commission will follow generally accepted engineering principles and regularly conduct Project progress meetings with the Municipalities to ensure continuity between the proposed water transmission main project and the municipal infrastructure; 10. All claims, disputes, and other matters in question among the Municipalities and the Commission arising out of, or relating to, this Second Escrow Agreement shall be decided by arbitration, in accordance with the Arbitration Rules of the American Arbitration Association, unless the Municipalities and the Commission mutually agree otherwise. The award rendered by the arbitrator shall be final, and judgment may be entered on it in accordance with applicable law 7 in the Eighteenth Judicial Circuit, DuPage County, Illinois. Demand for arbitration shall be made in accordance with the notice provisions contained in Paragraph 13 below, with copies sent to the American Arbitration Association. 11. If any Municipality or the Commission defaults in the full and timely performance of any of its obligations hereunder, the non-breaching entity or entities, after first providing written notice to the breaching entity of the event of default and providing the breaching entity ten (10) days to cure the same, will be entitled to invoke its legal rights and remedies as a result thereof, including, but not limited to, its equitable remedy of specific performance. THE FOREGOING NOTWITHSTANDING, NO ENTITY WILL BE LIABLE TO ANOTHER ENTITY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR CONTRACTORS FOR SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. 12. There are no third-party beneficiaries of this Second Escrow Agreement and nothing in this Second Escrow Agreement, express or implied, is intended to confer on any person other than the Parties hereto (and their respective successors, heirs and permitted assigns), any rights, remedies, obligations or liabilities. 13. Any notices under this Second Escrow Agreement will be personally delivered, delivered by the deposit thereof in the U. S. Postal Service, postage prepaid, registered, or certified, return receipt requested, or by overnight courier service to the Party at the address listed below or at another address hereafter designated by notice or by email transmission. Any such notice will be deemed to have been delivered and given upon personal delivery or delivery by a nationally recognized overnight courier service, or deposit with the United States Postal Service or upon receipt of written confirmation that facsimile or email transmission has been successfully completed: If to the Commission: Paul D. May, P.E., General Manager DuPage Water Commission 600 E. Butterfield Road Elmhurst, IL 60126 8 Email: may@dpwc.org With a copy to: Phillip A. Luetkehans Luetkehans, Brady, Garner & Armstrong, LLC 105 E. Irving Park Road Itasca, IL 60143 Email: pal@lbgalaw.com If to the Municipalities: Village Manager Village of Oswego 100 Parkers Mill Oswego, IL 60543 Village Manager Village of Montgomery 200 N. River Street Montgomery, IL 60538 City Manager United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 With a copy to: Irene Schild Caminer Caminer Law, LLC 2612 W. Sunnyside Ave. Chicago, IL 60625 14. Each Municipality will hold the Commission harmless and defend the Commission from any claims or litigation that arise out of the Phase 2 Services due to that Municipality’s failure to comply with the payment obligations arising under this Second Escrow Agreement. 15. Miscellaneous. a. Except as provided herein, the Municipalities and the Commission will not assign this Second Escrow Agreement or any right or privilege any Municipalities and the 9 Commission may have under this Second Escrow Agreement without the prior written consent of all Parties hereto, not to be unreasonably withheld conditioned or delayed. b. This Second Escrow Agreement will be governed by the internal laws of the State of Illinois. c. The person(s) executing this Second Escrow Agreement on behalf of the Parties hereto warrant that: (i) such each Municipality and the Commission are duly organized and existing; (ii) the individual signing is duly authorized to execute and deliver this Second Escrow Agreement on behalf of said Municipality or the Commission; (iii) by so executing this Second Escrow Agreement, such Municipality and the Commission are formally bound to the provisions and conditions contained in this Second Escrow Agreement; and (iv) the entering into this Second Escrow Agreement by a Municipality and the Commission does not violate any provision of any other agreement to which said Municipality and the Commission is bound. d. Each Municipality and the Commission acknowledge that it may be necessary to execute documents other than those specifically referred to herein in order to complete the objectives and requirements that are set forth in this Second Escrow Agreement. Each Municipality and the Commission hereby agree to cooperate with each other by executing such other documents or taking such other actions as may be reasonably necessary to complete the objectives and requirements set forth herein in accordance with the intent of each Municipality and the Commission as evidenced by this Second Escrow Agreement. e. This Second Escrow Agreement is the entire agreement between the Municipalities and the Commission regarding its subject matter and may not be changed or amended except pursuant to a written instrument signed by each Municipality and the Commission. f. This Second Escrow Agreement may be executed in any number of identical counterparts each of which will be considered an original, but which together will constitute one and the same agreement. 10 IN WITNESS WHEREOF, each Municipality and the Commission hereto have caused their respective corporate names to be subscribed hereto and their respective corporate seals to be affixed hereto and attested by their duly authorized officers, all on the date set opposite their respective corporate names. ATTEST: DuPage Water Commission _________________________ BY: ________________________ ATTEST: Village of Montgomery _________________________ BY: ________________________ ATTEST: Village of Oswego _________________________ BY: ________________________ ATTEST; United City of Yorkville _________________________ BY: ________________________ Page 1 of 30 EXHIBIT A SCOPE OF SERVICES Page 2 of 30 g. Page 3 of 30 h. Page 4 of 30 7) Page 5 of 30 4) Page 6 of 30 Page 7 of 30 6) Page 8 of 30 Page 9 of 30 4) Page 10 of 30 9) Page 11 of 30 4) Page 12 of 30 5) Page 13 of 30 Page 14 of 30 5) Page 15 of 30 i. QC to be provided by SCI & REL. Page 16 of 30 8) Page 17 of 30 4) Page 18 of 30 2) Prepare preliminary cover, index standards list, and notes sheets. 3) Conceptual detail drawings will be provided and discussed. 4) Page 19 of 30 6) Page 20 of 30 d. IDNR – Fox River, other stream crossings > 1 square mile watershed. e. Railroads – CNRR, ILRW and BNSF. f. Commission will pay required permit fees via WaterLink escrow account. 10. Task 10 – Bidding Assistance and Contractor Sel Page 21 of 30 b. Page 22 of 30 Page 23 of 30 Page 24 of 30 b. The Phase I ESA process includes a search of standard historical sources (e.g., aerial photographs, topographic maps, and historical fire insurance maps), a review of federal and state environmental databases, interviews with past and present owners, operators, and occupants of the site, and an on-site reconnaissance to determine the presence or absence of RECs. c. Visit the sites to examine and document the current uses and Page 25 of 30 7. Task 7 – Phase I Archaeology and Cultural (SCI Lead) a. Complete cultural study based on final alignment Page 26 of 30 10. Task 10 – Supplemental Hydraulic Modeling (SCI Lead) a. Supplemental hydraulic modeling will be performed o Page 27 of 30 Page 28 of 30 Page 29 of 30 7.0 Contract Price: We propose that our fees for this Phase II work (including reimbursable expenses) will be Page 30 of 30 Approval and Acceptance: Acceptance and approval of Exhibit BLevel of Effort - Phase II ServicesDuPage Water CommissionWaterLink ExtensionPRINCIPAL / PROJECT DIRECTORSENIOR PM PM SENIOR ENGINEER/ SMEENGINEER VII ENGINEER VI ENGINEER V ENGINEER IV ENGINEER III ENGINEER II ENGINEER I SENIOR DESIGNER CADD DESIGNER GIS COORDINATOR GIS DEVELOPERFIELD SUPERINTENDENTCHIEF LAND SURVEYORLAND SURVEYORPROJECT CONTROLS ADMINSTRATORADMIN. ASSISTANT TOTAL HOURS TOTAL FEEBILLING RATE RANGE $415 to $368 $350 to $300 $262 to $202 $395 to $315 $325 to $285 $268 to $237 $250 to $190$200 to $172 $170 to $160 $150 to $148 $140 to $130 $210 to $202 $175 to $126 $211 to $201 $184 to $175 $236 to $225 $215 $162 $198 to $180 $124 to $110NO. TASK DESCRIPTION1.0 Project Management406 544 1080 164 0 130 0 0 240 0 0 120 0 80 0 92 172 0 230 0 3258 $850,7042.0 Project Coordination & Meetings420 175 768 76 0 180 0 64 290 40 80 80 0 0 40 40 80 0 116 0 2449 $612,7383.0 Transmission Main Design Package 149 338 756 812 350 1278 1578 1052 1580 1220 1220 2134 2840 0 160 024 0 120 68 15579 $3,083,9154.0 Transmission Main Design Package 2257 1398 128 1300 16 30 158 630 2184 0 1224 724 2580 0 0 80 64 0 0 0 10849 $1,998,4295.0 Transmission Main Design Package 327 126 408 452 320 174 220 720 336 500 480 792 894 0 160 0 0 0 0 0 5705$1,167,5036.0 Transmission Main Design Package 4124 454 1580 1004 300 430 512 412 3120 0 2068 1420 3104 0 0 0 0 0 19224 14744 $2,899,2307.0 Metering Station Design Package100 156 106 240 210 160 100 0 552 0 0 144 1046 24 0 0 0 0 0 64 2902 $555,5468.0 Chemical Feed Building Design Package10 24 50 36 80 156 100 0 168 0 0 10 320 2 0 2 16 0 0 12 986 $189,1269.0 Permitting92 224 466 264 60 0 296 80 336 120 340 0 120 0 0 0 8 0 0 0 2482 $529,82010.0 Bidding Assistance and Contractor Selection96 184 262 160 24 116 152 0 376 120 436 128 192 4 32 0 0 0 76 112 2470 $511,184TOTAL HOURS 1581 3623 5604 4508 1360 2654 3116 2958 9182 20005848 5552 11096 110 392 214 364 0 870 392 61424`TOTAL FEES $540,195 $988,398 $1,531,472 $1,402,860 $412,840 $615,210 $680,550 $526,200 $1,466,388 $300,000 $777,568 $1,157,104 $1,572,550 $22,110 $71,840 $48,150 $78,260 $0 $161,940 $44,560$12,398,195 TOTAL BASIC SERVICES LUMP SUM FEE12,398,195$ SubtotalTask 1 & 3 - Survey / SUE / Potholing / Existing Conditions CADD (REL) 2,048,375$ Task 2 - Geotechnical & CCDD Investigations (REL) 1,349,575$ Task 4 - ROW / Easement Acquisition Services (REL) 1,806,275$ Task 5 - Phase 1 ESA (SCI) 47,880$ Task 6 - Wetlands Delineation (SCI) 47,700$ Task 7 - Cultural/Archaeology (SCI) 111,022$ Task 8 - Special Species (SCI) 44,300$ Task 9 - WIFIA PEA Checkist (SCI) 72,600$ Task 10 - Supplemental Hydraulic Modeling (SCI) 50,020$ Task 11 - Cathodic Protection Design and Field Investigation (LAN) 775,000$ Task 12 - Additional Bid Package Allowance (by Authorization Only) 85,000$ SubtotalTask 13 - Owner Design Contingency Allowance (by Authorization Only) 1,000,000$ 121,000$ TOTAL PHASE II SERVICES FEE19,956,942$ 7,437,747$ TOTAL 121,000$ TOTALAdditional Services (Not-to-Exceed)Basic Services Reimbusable Expenses (Estimated)Expense Allowance Sheet 1 of 13/4/2024 Exhibit CPreliminary Cash Flow/Invoicing Forecast - Phase II ServicesDuPage Water CommissionWaterLink ExtensionDescription May 2024 June 2024 July 2024 August 2024 September 2024 October 2024 November 2024 December 2024 January 2025 February 2025 March 2025 April 2025 May 2025 June 2025 July 2025 August 2025 September 2025Basic Services876,344$ 876,344$ 876,344$ 876,344$ 1,001,536$ 1,126,728$ 1,126,728$ 1,126,728$ 1,126,728$ 1,001,536$ 1,001,536$ 751,152$ 250,384$ 125,192$ 125,192$ 125,192$ 125,192$ Additional Services864,266$ 1,337,587$ 1,209,473$ 847,300$ 426,433$ 290,744$ 225,124$ 207,982$ 330,058$ 318,851$ 309,854$ 322,020$ 210,726$ 178,750$ 178,750$ 179,830$ -$ SUBTOTAL1,740,610$ 2,213,930$ 2,085,816$ 1,723,644$ 1,427,968$ 1,417,471$ 1,351,851$ 1,334,710$ 1,456,785$ 1,320,387$ 1,311,389$ 1,073,172$ 461,110$ 303,942$ 303,942$ 305,022$ 125,192$ TOTAL PHASE II SERVICES FEE 19,956,942$ $6,660,942$7,764,000 $5,532,000Sheet 1 of 13/7/2024 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #1 Tracking Number PW 2024-73 PW – 9/17/24 Moved forward to City Council agenda. PW 2024-73 Majority Approval of 2025 Paving Plan Brad Sanderson Engineering Name Department Pavement Management Program Update and Proposal City Council – September 24, 2024 Consideration of 2025 Paving Plan Background In the recent past, the City has selected streets for its upcoming road program in September. The timing allows us to move forward with the design in the fall and to receive IDOT approvals in early winter. We are then able to take advantage of bidding in February/March, which has historically been a prime bidding environment. This is the last year of the previously approved paving plan because the City is currently working on obtaining updated roadway scores (0-100) for all city-maintained streets. Staff will be bringing forward an updated 5-Year paving plan for construction years 2026-2030 in January/February 2025. Discussion The proposed program will consist of an MFT Program and a Locally Funded program, similar to 2024. Action Requested: General concurrence from City Council on the proposed 2025 Paving Plan. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Jori Behland, City Clerk Rob Fredrickson, Finance Director Date: September 6, 2024 Subject: Pavement Management Update/Road To Better Roads Program Illin o is R a ilw a y R R B N S F R R Rob Roy CreekRob Roy CreekFox River Rob Roy CreekRob Roy CreekRob Roy CreekBlackberry CreekBlackberry CreekFox River Mid d l e A u x S a b l e C r e e k Rob Roy CreekBlackberry C r eek Blackberry Cr e e k Fox RiverBlackberry C r e e k Bl a c k b e r r y C r e e k Fox RiverBig Rock CreekBlackberry CreekMorgan Creek Middle Aux Sable Creek Fox Riv e r Fox RiverFOX GALE N A AMENT RIVER ROUTE 71ROUTE 30 ROUTE 34 MILL CORNEILS MINKLERKENNEDYCANNONBALLBRIDGE ASHLEYROUTE 12 6 LEGION ROUTE 47VAN EMMON MCHUGHORCHARDMAIN BASELINE HIGHPOINTDICKSONSPRING ELDAMAINBLOCKTUMAVETERANS FIELDS IMMANUELGORDONFAXON POPLARPAVILL ION STATIONSUNDO W NASHEGRANDE B R I S T O L R I D G E TUSCANY JOHNBEECHER COUNTRY STAGEC O A C H RES E R V A T I O N GATES FOLI E M E R A L D ERICA PENMANE X I T PARK ADAM FAIRFAXCENTERHILLT O P ALICE AUDREYRICKARDCOUNTRYSIDEKRISTEN TROON EDWARDBRISTOL BAY SCH O O L H O U S E OMAHAWRENMCLELLANSIMONSTATEALAN DA LE PARKSIDETERIMORGANORANGE SOMONAUKGAME FARMPRESCOTTKATE KLATT LISBONFOSTER OAK KEN D A L L DEERHAYDENBERRYWOOD WI N D E T T R I D G E ALDENTIMBER OAKBERTRAM ELM KINGSUMACBOOMBAHFREEMONTCONCORDMAYFIELDOAK CREE K HAMPT O N HOFFMAN MAPLEHEA R T L A N D BIG BEND L I L L I A NROSENWINKEL CRIMSONA U T U M N C R E E K LAKEWOOD CREEKSCHAEFER ORCHID LEWIS WALNUT MANCHESTER PECOS DRIVEWAY ENT R A N C E AVALON PARKWAYHEUSTISFORDPROVIDENCE SU T T O N HIL L S I D E MATLOCKJULIE WACKERLIBERTYK I N G M O O R QUINSEYMAYGILLESPIE WASHINGTON JETERCOACHWING RAINTREE HARTFIELDRYANISABELRIVA RIDGEWINDING CREEK BARBERRYRAVINEFAI R F I E L D WESTERN KELLY C O U N T R Y H I L L S JACKSON L I L A C PATTERSON CORALRONHILLPATRONFAIRHAVEN BEAVER RILE Y OLD GLORY MARKETVIEWCOLTONMILLER MADISON CREEKHIGHVI E W JUSTICEBLACKBERRY SHOR E ST A C YREBECCA OSBRONGRAPE VINESECRETARIAT C A R L Y FOXTAI LSUNSET KINGS MIL LBRISTOL JASONTAMPAELDENWHITE ROSEDOBBINS CALIE N D O PRAIRIE CROSSING PRIVATE DRIV E HOMES T E A D BRUELLNAWAKWAPINERIDG ECHADROBERT PLUMLAURENMADELINEBAILEYBLUESTEM ADRIANWALSH CHURCHROODGRACEGREENBRIAR VENETIAN WESTSAVOY TIMBERCREEKWATERPARK MCMURTRIEHUNT ID E N T A JACOB HIGH RIDGEMARGARET SEELEYNORTHLANDDEERPOINTLAKE SIDE HOLLY E M I L Y PENNMANEMMATALLGRASS HIGHLAND SYCAMOREDANIELLEPLEASURE MILLBR O O K WHITE OAKTITUSTWINLEAF BRIAN LEISURE COLONIAL REDBUD WHITEKIRKDILLON CRYDERFA R M SHA UNA BASE LINE JENNA SIENNASCHMIDTRICHMOND CARE Y BURRLANDMARKALEXIS THOMASCYPRESS BLAINE THUNDER GULCHPRAIRIECANYON LARKSPURIROQUOISGRIFFENCREEK SIDEHEATHER WESTONSLATEOAK M O N T O L I V E PURCELL EDYTHE KELLERBEARHANBURYSEARLGEN E VA WINDHAM B E R N A D E T T E BANBURYROY A L O A K S PONDEROSA ANDREWROXBURYWOODVIEW BIRCHWOODANNA MARIA ROSE HILLELIZABETH BISCAYN E CLUB H O U S E KENTSHIREWHIRLAWAY CROSSL A V E N D E R LEHMANCHARL ES CROOKED CREEKCLEA R W A T E R TA U S LYNNHEATHERWOODACORNWOLF GARDEN LINDENCONOVER L Y M A N ADAMSARTESIANWILLIAM ILLINI HILLCREST MILLRACEBADGERNORW A Y NORTH RUBYASPEN CLAR IDG E GILDARIVER BIRCHMITCHELL J A M E S T O W N GARDINERBOOMERPLYMOUTH ASTERSQUIREWILD INDIGODOEDEE R E C R O S S I N G BONNIELEXINGTONSPOKANE SA G E EVERGREENHUNTERA M E R I C A NSARASOTABISSELHUNTINGTON COMMERCIAL JUANITA ASHFRANCES ARROW H E A D BRADYTANGLEWOOD TRAILSSOUTH GAYLORD LONG GROVETIMBER VIE W ASTOR RIVERWOOD WILLOWKATHLEEN BARRETT DE ER P A T H LEGNER CRANSTONBUDD PENSACOLA TIMBER RIDGEELLSWORTHYELLOWSTONE HEARTHSTONERENA BURNETTRIDGE HE N N I N G CUMMINSGO L D E N RO D MU I R F I E L D YO R K V I L L E GAWNE FISH WARBLERDOGWOOD CHALLYFOXBO R O LOTUS RIDGETREMONTMON T C LA IR CANARYPRAIRIE GRASSFERDINANDWY T H E DIVISIONRI V E R S I D E GOLDFINCHCONSTITUTIONHOBBSPINEWOODMIDNIGHTOAKLAWN CALED O NI A WINDSO R INGEMUN SONREDHORSEDEAMES OLSEN INDEPENDENCETURNER MARKETPLACEGEORGEANNA FREEDOM MILBROOKKENDALL FARMS MONARCHOSR A C O O NCOT TONWOOD PRAIRIE ROSECOLUMBIAMATTHEWASHWORTHT HO R N H I L L CO L ECATALPADOVERGARRITANOCOUNTRYV I E WDIEHL FARMCLOVER WINTERBER R Y HARRISONCEDAR C H R I S T Y BROOKSIDETIMBALIER HONEYSUCKL E WOOD SAGEPRE S T O N HAWK HOLLOWSHETLANDMARTIN GREENFIELD TURNRED T A I L WALTER PINE VILLAGE V IEW BIRCH SUNNY D E L L DAKOTAS AR A V A NO S WILSON OVERHILL LYNCLIFFTIMBERHICKORYMAPLE R IDGE BUCHANANSTRAWBER R Y SIR BARTONCALLANDERCOTSWOLDLAKEVIEW HIGH POINT CIR C L E DOLPH CAMDENPRAIRIE POINTE WOODWORTHGALLANT FOX ANDREA LAKESIDEAUBURNPATRIC IA JENNIFERBEHRENS NADEN HYDRAULIC VIOLETHALF MOONCHERRYHILLSBOROWOODLANDAMANDAKYLAHOOVERSANDERSMONTER E Y OVERLOOKBELLFOX HILLGAINS CARDINALPALMERWESTWIND C O D Y JULIUS SWIMMINGSHADOW CREEK FIR MENARD CENTRA L CORNE R S T O N E ETHELHELEN E R I E D E R NORTH R IVER CLAREMONTHATCH BURNING B U S H JOHNSONPIERPONT OBRIENREHBEHNDUNKINSPRUCECOLONY MEAD O WL A R K DENISE ALDER SAVANNAINDIAN CLIFFSMULHERN CONEFLOWERMEADOWVIEW NEOLA SILVER CIT Y LAUREL C T A GLEN NELSONGOULD POWERSRI V E R O A K S NOR T O N F A RM S T E AD OWEN D A V I D PATRIOTBLACK B E R R Y R O Y A L DRAY TON WATERMA N REGAL O A K GLORIA CONSE R V A TI O NPHELPS POSSUM ALEXANDRASHOEGERWINTERTHUR APPLETREE DUNBARHALEY NICKERSON COBALTALLEGIANCECANDLEBERRYMADDENQUANTOCKWELLSST A N N E S JUNIPERCORNELL BUCKTHO R N CHESHIR E SUNFLOWER MONTROSE HERITAG E TYLER CREEKJEFFERSONSHARON WILTONPRIVATE DRIVE VETERANSDRIVEWAYDRIVEWAY PARK DR I V E W A Y ROUTE 71RIDGESTATE PRIV A T E D R I V EDIVISION LEWIS DRIVEWAYTROON ELDAMAINDRIVEWAY DOLPH DRIVEWAYDRIVEWAYDRIVEWAYDRIVEWAY DRIVEWAYDRIVEWAYSTAGECO A C HMILLPRIVATE DRIVEDRIVEWAY BERTRAM DRIVEWAY DRIVEWAY FOX FOXOAKDRIVEWAY PINEPRIVATE DRIVE HYDRAU L I C MO R G A N SOMONAUK MAPLE PRIVATE DRIVEPRIVATE D RIVEDRIVEWAY DRIVEWAYROUTE 34PRIVATE DRIVEPRIVATE DRIVE DRIVEWAY DRIVEWAY DRIVEWAY PRIVATE DRIVE DRIVEWAYROUTE 71 PRIVATE DRI V E JOHNDRIVEWAYDRI V E W A Y DRIVEWAY WASHIN G T O N PARKDRIVEWAY BRIDGECONCORDDRIVEWAY DRIVEWAY PRIVATE DRIVEDRIVEWAYPRIVATE DRIVECALEDONIARIVERSIDEPRIVATE DRIVEDRIVEWAY SUNSETROUTE 34 PRIVATE DRIVE CENTERCOLE DRIVEWAY KATE B R I D G E BUDD PRIVATE DRIVE DRIVEW A YPRIVATE DRIVEDRIVEWAYDRIVEWAYPARKPRAIRIE CROSSINGDRIVEWAYP R I V A T E D R I V E PRIVATE DRIVEPRIVA T E D R I V EBEECHER MAINMAINDRIVE W A Y ASHLEYP R I V A T E D R I V E P R I V A T E D R I V E DRIVEWAYROUTE 47DRIVEWAYANDREWDRIVEWAY BRIDGESTAGECOA C H SCH O O L H O U S ESCHMIDT DRIVEWAY CANYONRO U T E 1 2 6 DRIVEWAY DRIVEWAY BRIDGEPRIVATE DRIVEDRIVEWAYWESTDRIVEWAY DRIVEWAY PRIVA T E D R I V E DICKSON TIMBERBUDD PRIVATE DRIVEHYDRAULIC PRIV A T E D R I V E BEECHER HARTFIELDREBECCA DRIVEWAY MAPLE WILLOWLISBONDE ER PO IN TCRIMSONDRIVEWAY BEECHER VETERANS DRIVEWAY DRIVE W A Y PRIVATE DRIVEDRIVEWA Y DRIVEWAYROUTE 47WALNUTPRIVATE DRIVE DEERDRIVEWAYDRIVEWAYDRIVEWAYPRIVATE D RIV E FAXON PRIVATE DRIVEPAVING HISTORY 2012-2024 DATE: PROJECT NO.: FILE: BY: AUGUST 2024 YO2413 YO2413 PAVING HISTORY 2012-2024.MXD MJT PAVEMENT MANAGEMENT SYSTEM UPDATE 2024 UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2024\YO2413 United City of Yorkville 651 Prairie Pointe Dr, Yorkville, IL 60560 N O R T H ° Legend IMS DATA Year of Improvement 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Illin o is R a ilw a y R R B N S F R R Rob Roy CreekRob Roy CreekFox River Rob Roy CreekRob Roy CreekRob Roy CreekBlackberry CreekBlackberry CreekFox River Mid d l e A u x S a b l e C r e e k Rob Roy CreekBlackberry C r eek Blackberry Cr e e k Fox RiverBlackberry C r e e k Bl a c k b e r r y C r e e k Fox RiverBig Rock CreekBlackberry CreekMorgan Creek Middle Aux Sable Creek Fox Riv e r Fox RiverFOX GALE N A AMENT RIVER ROUTE 71ROUTE 30 ROUTE 34 MILL CORNEILS MINKLERKENNEDYCANNONBALLBRIDGE ASHLEYROUTE 12 6 LEGION ROUTE 47VAN EMMON MCHUGHORCHARDMAIN BASELINE HIGHPOINTDICKSONSPRING ELDAMAINBLOCKTUMAVETERANS FIELDS IMMANUELGORDONFAXON POPLARPAVILL ION STATIONSUNDO W NASHEGRANDE B R I S T O L R I D G E TUSCANY JOHNBEECHER COUNTRY STAGEC O A C H RES E R V A T I O N GATES FOLI E M E R A L D ERICA PENMANE X I T PARK ADAM FAIRFAXCENTERHILLT O P ALICE AUDREYRICKARDCOUNTRYSIDEKRISTEN TROON EDWARDBRISTOL BAY SCH O O L H O U S E OMAHAWRENMCLELLANSIMONSTATEALAN DA LE PARKSIDETERIMORGANORANGE SOMONAUKGAME FARMPRESCOTTKATE KLATT LISBONFOSTER OAK KEN D A L L DEERHAYDENBERRYWOOD WI N D E T T R I D G E ALDENTIMBER OAKBERTRAM ELM KINGSUMACBOOMBAHFREEMONTCONCORDMAYFIELDOAK CREE K HAMPT O N HOFFMAN MAPLEHEA R T L A N D BIG BEND L I L L I A NROSENWINKEL CRIMSONA U T U M N C R E E K LAKEWOOD CREEKSCHAEFER ORCHID LEWIS WALNUT MANCHESTER PECOS DRIVEWAY ENT R A N C E AVALON PARKWAYHEUSTISFORDPROVIDENCE SU T T O N HIL L S I D E MATLOCKJULIE WACKERLIBERTYK I N G M O O R QUINSEYMAYGILLESPIE WASHINGTON JETERCOACHWING RAINTREE HARTFIELDRYANISABELRIVA RIDGEWINDING CREEK BARBERRYRAVINEFAI R F I E L D WESTERN KELLY C O U N T R Y H I L L S JACKSON L I L A C PATTERSON CORALRONHILLPATRONFAIRHAVEN BEAVER RILE Y OLD GLORY MARKETVIEWCOLTONMILLER MADISON CREEKHIGHVI E W JUSTICEBLACKBERRY SHOR E ST A C YREBECCA OSBRONGRAPE VINESECRETARIAT C A R L Y FOXTAI LSUNSET KINGS MIL LBRISTOL JASONTAMPAELDENWHITE ROSEDOBBINS CALIE N D O PRAIRIE CROSSING PRIVATE DRIV E HOMES T E A D BRUELLNAWAKWAPINERIDG ECHADROBERT PLUMLAURENMADELINEBAILEYBLUESTEM ADRIANWALSH CHURCHROODGRACEGREENBRIAR VENETIAN WESTSAVOY TIMBERCREEKWATERPARK MCMURTRIEHUNT ID E N T A JACOB HIGH RIDGEMARGARET SEELEYNORTHLANDDEERPOINTLAKE SIDE HOLLY E M I L Y PENNMANEMMATALLGRASS HIGHLAND SYCAMOREDANIELLEPLEASURE MILLBR O O K WHITE OAKTITUSTWINLEAF BRIAN LEISURE COLONIAL REDBUD WHITEKIRKDILLON CRYDERFA R M SHA UNA BASE LINE JENNA SIENNASCHMIDTRICHMOND CARE Y BURRLANDMARKALEXIS THOMASCYPRESS BLAINE THUNDER GULCHPRAIRIECANYON LARKSPURIROQUOISGRIFFENCREEK SIDEHEATHER WESTONSLATEOAK M O N T O L I V E PURCELL EDYTHE KELLERBEARHANBURYSEARLGEN E VA WINDHAM B E R N A D E T T E BANBURYROY A L O A K S PONDEROSA ANDREWROXBURYWOODVIEW BIRCHWOODANNA MARIA ROSE HILLELIZABETH BISCAYN E CLUB H O U S E KENTSHIREWHIRLAWAY CROSSL A V E N D E R LEHMANCHARL ES CROOKED CREEKCLEA R W A T E R TA U S LYNNHEATHERWOODACORNWOLF GARDEN LINDENCONOVER L Y M A N ADAMSARTESIANWILLIAM ILLINI HILLCREST MILLRACEBADGERNORW A Y NORTH RUBYASPEN CLAR IDG E GILDARIVER BIRCHMITCHELL J A M E S T O W N GARDINERBOOMERPLYMOUTH ASTERSQUIREWILD INDIGODOEDEE R E C R O S S I N G BONNIELEXINGTONSPOKANE SA G E EVERGREENHUNTERA M E R I C A NSARASOTABISSELHUNTINGTON COMMERCIAL JUANITA ASHFRANCES ARROW H E A D BRADYTANGLEWOOD TRAILSSOUTH GAYLORD LONG GROVETIMBER VIE W ASTOR RIVERWOOD WILLOWKATHLEEN BARRETT DE ER P A T H LEGNER CRANSTONBUDD PENSACOLA TIMBER RIDGEELLSWORTHYELLOWSTONE HEARTHSTONERENA BURNETTRIDGE HE N N I N G CUMMINSGO L D E N RO D MU I R F I E L D YO R K V I L L E GAWNE FISH WARBLERDOGWOOD CHALLYFOXBO R O LOTUS RIDGETREMONTMON T C LA IR CANARYPRAIRIE GRASSFERDINANDWY T H E DIVISIONRI V E R S I D E GOLDFINCHCONSTITUTIONHOBBSPINEWOODMIDNIGHTOAKLAWN CALED O NI A WINDSO R INGEMUN SONREDHORSEDEAMES OLSEN INDEPENDENCETURNER MARKETPLACEGEORGEANNA FREEDOM MILBROOKKENDALL FARMS MONARCHOSR A C O O NCOT TONWOOD PRAIRIE ROSECOLUMBIAMATTHEWASHWORTHT HO R N H I L L CO L ECATALPADOVERGARRITANOCOUNTRYV I E WDIEHL FARMCLOVER WINTERBER R Y HARRISONCEDAR C H R I S T Y BROOKSIDETIMBALIER HONEYSUCKL E WOOD SAGEPRE S T O N HAWK HOLLOWSHETLANDMARTIN GREENFIELD TURNRED T A I L WALTER PINE VILLAGE V IEW BIRCH SUNNY D E L L DAKOTAS AR A V A NO S WILSON OVERHILL LYNCLIFFTIMBERHICKORYMAPLE R IDGE BUCHANANSTRAWBER R Y SIR BARTONCALLANDERCOTSWOLDLAKEVIEW HIGH POINT CIR C L E DOLPH CAMDENPRAIRIE POINTE WOODWORTHGALLANT FOX ANDREA LAKESIDEAUBURNPATRIC IA JENNIFERBEHRENS NADEN HYDRAULIC VIOLETHALF MOONCHERRYHILLSBOROWOODLANDAMANDAKYLAHOOVERSANDERSMONTER E Y OVERLOOKBELLFOX HILLGAINS CARDINALPALMERWESTWIND C O D Y JULIUS SWIMMINGSHADOW CREEK FIR MENARD CENTRA L CORNE R S T O N E ETHELHELEN E R I E D E R NORTH R IVER CLAREMONTHATCH BURNING B U S H JOHNSONPIERPONT OBRIENREHBEHNDUNKINSPRUCECOLONY MEAD O WL A R K DENISE ALDER SAVANNAINDIAN CLIFFSMULHERN CONEFLOWERMEADOWVIEW NEOLA SILVER CIT Y LAUREL C T A GLEN NELSONGOULD POWERSRI V E R O A K S NOR T O N F A RM S T E AD OWEN D A V I D PATRIOTBLACK B E R R Y R O Y A L DRAY TON WATERMA N REGAL O A K GLORIA CONSE R V A TI O NPHELPS POSSUM ALEXANDRASHOEGERWINTERTHUR APPLETREE DUNBARHALEY NICKERSON COBALTALLEGIANCECANDLEBERRYMADDENQUANTOCKWELLSST A N N E S JUNIPERCORNELL BUCKTHO R N CHESHIR E SUNFLOWER MONTROSE HERITAG E TYLER CREEKJEFFERSONSHARON WILTONPRIVATE DRIVE VETERANSDRIVEWAYDRIVEWAY PARK DR I V E W A Y ROUTE 71RIDGESTATE PRIV A T E D R I V EDIVISION LEWIS DRIVEWAYTROON ELDAMAINDRIVEWAY DOLPH DRIVEWAYDRIVEWAYDRIVEWAYDRIVEWAY DRIVEWAYDRIVEWAYSTAGECO A C HMILLPRIVATE DRIVEDRIVEWAY BERTRAM DRIVEWAY DRIVEWAY FOX FOXOAKDRIVEWAY PINEPRIVATE DRIVE HYDRAU L I C MO R G A N SOMONAUK MAPLE PRIVATE DRIVEPRIVATE D RIVEDRIVEWAY DRIVEWAYROUTE 34PRIVATE DRIVEPRIVATE DRIVE DRIVEWAY DRIVEWAY DRIVEWAY PRIVATE DRIVE DRIVEWAYROUTE 71 PRIVATE DRI V E JOHNDRIVEWAYDRI V E W A Y DRIVEWAY WASHIN G T O N PARKDRIVEWAY BRIDGECONCORDDRIVEWAY DRIVEWAY PRIVATE DRIVEDRIVEWAYPRIVATE DRIVECALEDONIARIVERSIDEPRIVATE DRIVEDRIVEWAY SUNSETROUTE 34 PRIVATE DRIVE CENTERCOLE DRIVEWAY KATE B R I D G E BUDD PRIVATE DRIVE DRIVEW A YPRIVATE DRIVEDRIVEWAYDRIVEWAYPARKPRAIRIE CROSSINGDRIVEWAYP R I V A T E D R I V E PRIVATE DRIVEPRIVA T E D R I V EBEECHER MAINMAINDRIVE W A Y ASHLEYP R I V A T E D R I V E P R I V A T E D R I V E DRIVEWAYROUTE 47DRIVEWAYANDREWDRIVEWAY BRIDGESTAGECOA C H SCH O O L H O U S ESCHMIDT DRIVEWAY CANYONRO U T E 1 2 6 DRIVEWAY DRIVEWAY BRIDGEPRIVATE DRIVEDRIVEWAYWESTDRIVEWAY DRIVEWAY PRIVA T E D R I V E DICKSON TIMBERBUDD PRIVATE DRIVEHYDRAULIC PRIV A T E D R I V E BEECHER HARTFIELDREBECCA DRIVEWAY MAPLE WILLOWLISBONDE ER PO IN TCRIMSONDRIVEWAY BEECHER VETERANS DRIVEWAY DRIVE W A Y PRIVATE DRIVEDRIVEWA Y DRIVEWAYROUTE 47WALNUTPRIVATE DRIVE DEERDRIVEWAYDRIVEWAYDRIVEWAYPRIVATE D RIV E FAXON PRIVATE DRIVE2025 PAVING PLAN DATE: PROJECT NO.: FILE: BY: SEPTEMBER 2024 YO2413 MJT PAVEMENT MANAGEMENT SYSTEM UPDATE 2024 UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2022\YO2413 United City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 N O R T H ° YO2413_Draft Paving 5 Year Plan Water Main Replacement 2025 Improvements RTBR PROGRAM UPDATE United City of Yorkville SEPTEMBER 2024 PROPOSED RTBR PROGRAM FUNDING STREET FROM TO STRATEGY LENGTH AREA DEFLECTION CONDITION DYNAMIC CONDITION SURFACE CONDITION CURRENT RANK COST BEECHER ROAD US ROUTE 34 GILLESPIE LANE MILL 3", OVERLAY 3"1,670 11700 100 94 68 84 286,650$ BLUESTEM DRIVE MCHUGH ROAD HAYDEN DRIVE VARIABLE DEPTH MILL, OVERLAY 3"1,721 5,390 100 88 65 82 156,310$ CONEFLOWER COURT HAYDEN DRIVE DEAD END VARIABLE DEPTH MILL, OVERLAY 3"656 1,990 100 93 65 84 57,710$ HAYDEN DRIVE MCHUGH ROAD BLUESTEM DRIVE VARIABLE DEPTH MILL, OVERLAY 3"3,221 9,305 100 86 68 82 269,845$ PRAIRIE MEADOWS DRIVE KENNEDY ROAD BLUESTEM DRIVE VARIABLE DEPTH MILL, OVERLAY 3"282 815 100 81 66 80 23,635$ PRAIRIE ROSE LANE BLUSTEM DRIVE HAYDEN DRIVE VARIABLE DEPTH MILL, OVERLAY 3"1,119 3,230 100 86 69 84 93,670$ SWITCH GRASS LANE BLUSTEM DRIVE HAYDEN DRIVE VARIABLE DEPTH MILL, OVERLAY 3"994 2,870 100 83 68 82 83,230$ WATERPARK WAY IL ROUTE 47 EAST END MILL 3", OVERLAY 3"1,920 8,150 100 92 72 86 224,125$ WILD INDIGO LANE BLUSTEM DRIVE HAYDEN DRIVE VARIABLE DEPTH MILL, OVERLAY 3"1,315 3,800 100 93 68 86 110,200$ AUBURN DRIVE OMAHA DRIVE SPRING STREET VARIABLE DEPTH MILL, OVERLAY 3"666 1,930 100 87 76 86 55,970$ BIRCHWOOD DRIVE SPRING STREET SPRING STREET VARIABLE DEPTH MILL, OVERLAY 3"1,674 4,980 100 80 72 81 144,420$ BLUEJAY DRIVE BIRCHWOOD DRIVE TAUS CIR VARIABLE DEPTH MILL, OVERLAY 3"361 1,040 100 96 75 87 30,160$ CLEARWATER DRIVE OMAHA DRIVE SPRING STREET VARIABLE DEPTH MILL, OVERLAY 3"1,598 4,970 100 78 74 80 144,130$ DEERPATH DRIVE CLEARWATER DRIVE SPRING STREET VARIABLE DEPTH MILL, OVERLAY 3"1,145 3,300 100 83 75 84 95,700$ E. SPRING STREET TERI LANE CLEARWATER DRIVE VARIABLE DEPTH MILL, OVERLAY 3"4,152 12,180 100 86 75 84 353,220$ GRACE DRIVE OMAHA DRIVE SPRING STREET VARIABLE DEPTH MILL, OVERLAY 3"1,447 4,180 100 87 72 85 121,220$ KATE DRIVE CLEARWATER DRIVE OMAHA DRIVE VARIABLE DEPTH MILL, OVERLAY 3"1,054 3,350 100 84 72 84 97,150$ OMAHA DRIVE CLEARWATER DRIVE SPRING STREET VARIABLE DEPTH MILL, OVERLAY 3"1,952 5,960 100 93 76 85 172,840$ REDWOOD DRIVE OMAHA DRIVE TAUS CIR VARIABLE DEPTH MILL, OVERLAY 3"587 1,830 100 86 76 85 53,070$ TAUS CIRCLE REDWOOD DRIVE REDWOOD DRIVE VARIABLE DEPTH MILL, OVERLAY 3"1,873 5,400 100 85 75 86 148,500$ BERTRAM DRIVE WEST END BRISTOL BAY DRIVE VARIABLE DEPTH MILL, OVERLAY 3"3,534 10,200 100 83 71 81 280,500$ BISCAYNE LANE PENSACOLA STREET SOUTH END VARIABLE DEPTH MILL, OVERLAY 3"180 480 100 85 78 86 13,920$ BRISTOL BAY DRIVE WEST END EAST END VARIABLE DEPTH MILL, OVERLAY 3"4,120 12,950 100 85 69 82 356,125$ 2025 (FY26) STREET REHABILITATION LIST RTBR PROGRAM UPDATE United City of Yorkville SEPTEMBER 2024 BURNETT STREET BRISTOL BAY DRIVE MARQUETTE STREET VARIABLE DEPTH MILL, OVERLAY 3"1,175 3,185 100 68 72 78 92,365$ GARDINER AVENUE BERTRAM DRIVE BERTRAM DRIVE VARIABLE DEPTH MILL, OVERLAY 3"1,391 3,710 100 73 71 80 107,590$ HARRISON STREET GARDINER AVENUE BERTRAM DRIVE VARIABLE DEPTH MILL, OVERLAY 3"797 2,300 100 79 85 85 66,700$ MARQUETTE STREET BERTRAM DRIVE BURNETT STREET VARIABLE DEPTH MILL, OVERLAY 3"1,159 3,090 100 80 74 80 89,610$ PENSACOLA STREET TAMPA DRIVE SARASOTA AVENUE VARIABLE DEPTH MILL, OVERLAY 3"1,105 3,080 100 85 74 84 89,320$ PIERPONT LANE ROSENWINKEL STREET GARDINER AVENUE VARIABLE DEPTH MILL, OVERLAY 3"485 1,400 100 87 69 84 40,600$ PLEASANT COURT PENSACOLA STREET SOUTH END VARIABLE DEPTH MILL, OVERLAY 3"315 930 100 85 73 84 26,970$ PLYMOUTH AVENUE ROSENWINKEL STREET BRISTOL BAY DRIVE VARIABLE DEPTH MILL, OVERLAY 3"1,500 4,200 100 80 74 82 121,800$ ROSENWINKEL STREET GALENA ROAD NORTH END VARIABLE DEPTH MILL, OVERLAY 3"3,758 11,775 100 91 66 84 323,813$ SARASOTA AVENUE BERTRAM DRIVE PENSACOLA STREET VARIABLE DEPTH MILL, OVERLAY 3"331 880 100 73 85 84 25,520$ TAMPA DRIVE BERTRAM DRIVE PENSACOLA STREET VARIABLE DEPTH MILL, OVERLAY 3"390 1,040 100 100 75 88 30,160$ TIMBALIER STREET PLYMOUTH AVENUE PLYMOUTH AVENUE VARIABLE DEPTH MILL, OVERLAY 3"980 2,620 100 69 70 78 75,980$ N/A N/A N/A N/A N/A N/A 40,000$ N/A N/A N/A N/A N/A N/A 200,000$ N/A N/A N/A N/A N/A N/A 150,000$ N/A N/A N/A N/A N/A N/A 35,000$ N/A N/A N/A N/A N/A N/A 250,000$ 9.59 158,210 5,137,728$ PAVEMENT REJUVENATION (2024 RESURFACING & WATER STREETS) MISCELLANEOUS CITY WIDE CRACK SEALING MISCELLANEOUS CITY WIDE STRIPING WATER IMPROVEMENT STREETS COST MISCELLANEOUS CITY WIDE CONCRETE PATCHING TOTAL:TOTAL COST: RTBR PROGRAM HEARTLAND CIRCLE SUBDIVISION BRISTOL BAY SUBDIVISION Illin o is R a ilw a y R R B N S F R R Rob Roy CreekRob Roy CreekF o x R i v e r Rob Roy CreekRob Roy CreekRob Roy CreekBlackberry CreekBlackberry CreekF o x R i v e r Mid dle A u x S a ble C ree k Rob Roy CreekBlackberry C reek B la ck b e rry C reek Fox RiverB l a c k b e r r y C r e e k Blackberry Creek Fox RiverBig Rock CreekB ig R ock C reekBlackberry CreekM organ C reekMiddle Aux Sable Cree F o x R iv e r Fox RiverBridgeF o x Galena River Veterans AmentEldamainCorneils Ke n n e d y AshleyMill MinklerLegion Baseline Van Emmon BlockConcord Spring DicksonHighpointMain Cannonball FieldsGordon Popl arTuma McHughImmanuelPav illi o nFaxon Troon MitchelG ra n d e SundownBudd AsheSchoolhouseBeecherJohnKlatt Bristol Ridge Gates Hoffman Foli Schaefer PrescottKellerCenter St a g e c o a c h Hilltop Park CountryPenmanTuscany AudreyJeterAdam Alice RickardSomonauk Bertram R eservation Bristol Bay Erica EdwardMcLel l anA la n D ale Countryside BenjaminKristenWrenFoster Parkside Orange WillowStateUS Route #34 TeriOmahaKendall SimonDeerLisbonAldenGame FarmManchester Heartland Ha y d e n FreemontLillia nRosenwinkel Berrywood BoombahCarey Lakewood CreekWalnut MapleRiverside Or chi d Autumn Creek H a mp t o n CrimsonSumac Elm KingAndrew MatlockFor dBig Bend Oak Creek Providence HillsideAvalon HartfieldLibertyWackerKe l l y Bar ber r ySutton Parkway HeustisFairfieldWashington Country Hills Julie R a i n t r e e Coral Cummins Patterson RonhillWestWestern CoachWinding CreekIsabelOld GloryJackson Lilac PatronRavineMargaret StacyRyanWi n g Riva RidgeBristolFairhaven Secretariat Blackberry Shore BruellBeaver MarketviewBrian Green Briar Whitekirk Riley MayUS Route 34 OsbronCarly Prairie CrossingC a lie n d o JusticeRobertKi n g s mi llQui nsey MorganPratt L y n n El denJenna SunsetDobbins Highview NorthlandLaurenGrape VineChurchWalsh White RoseMcMurtrie JasonWat er par k Homestead AdrianMa d e lin e Lewis B lu e s t e m FairfaxKa t e RebeccaGraceRoodVenetian Pleasure Colonial Madison NawakwaDanielleDillon Savoy PlumWoodview Thunder GulchJacob BurrCryderEi leen Hunt SycamoreTwi nl eafCaledonia ColtonHighland High RidgeOak Pecos I dent aPurcell BaileyLarkspurBanburyLeisure Whi te OakSeeley Redbud IroquoisLandmark Titus Cypress SearlBlaine EmilyAlexisHeather RichmondCanyonSchmidtWest onS ie n n a Bernadette Ponderosa FarmS la t e Windett RidgeMi ll B r o o k H a n b ur y Clearwater Timber CreekC h a r le s Olive ThomasM unson Rose HillCrossHillcrest Conover KentshireCrooked CreekWi ndhamHaz el t i ne Wolf L e g n er F o x t a ilMillraceL a v e n d e r Whirlaway Fox Gl en Elizabeth Anna Maria G e n e v a Shauna BadgerAcornGarden ArtesianCl a r id g e Cottonwood BirchwoodNorth H id e a wa y CotswoldGr eenf iel d Blake GardinerRoyal Oa ks E m erald AsterHarris River WoodNo r way Pine RidgeLi nden Deere Crossing GroveSouth Gilda Taus Ru b y EllsworthBarrett Squi r e EvergreenArrowhead Lexington Wild IndigoHuntington Timber RidgeTanglewood TrailsAspenGaylord Lyman Gawne Frances Astor Boyer Y or k ville BisselCranston Shadow Creek BradyAmerican Commercial WarblerLong GroveBonnie Pensacola G oldenrod BurnettJuanita Sage L e n o x KathleenChally Deerpath Prairie Grass ConstitutionTremontJonathanGeorgeanna MarketplaceC a n a r y He n n i n g T h orn hill Wythe Oaklawn W Kendall Dr M o ntclaire Cl ov e r D e erp ointWooden BridgeRena Ridge IlliniPinewoodOlsenGarritano Inge m unson HobbsLyncli ffDivisionMonarchosIndependence Prai ri e RoseFreedomHarrison Christy Col eColumbiaWalter Preston LongviewMui r f i el dBr ooksi de Honeysuckle Deames Hawk HollowC o n s e r v a t io n C all a n d e r Shetland Country Vie wMartin Wood Sage Strawberry S u n n y D e llS ara v a n o s Sir BartonGillespie Vi l l age Vi ewWilsonBirch Red Tail HickoryBuchanan WoodworthDolph HillsboroPrairie Pointe WorsleySummerwindRiver Birch Hydraulic A n d r e a WoodlandAuburnP i n e ColumbinePat r i ci aBrighton Oaks CardinalPo p e OakwoodCe n t r a l Ti mb e r Vi e w TowerDydyna Naden VeronicaSprucePalmerAmanda Et helJul i usCl a r e mo n tWestwind DoverCedar Cody Coral berryGains BellColony Ke n d a l l Ci r R e h b e h n JohnsonMulhern Indian CliffsBat or Tomasik Evans Laurel River Oaks PhelpsWinchesterN orton SavannaDrayton Powers Wint er t hur PatriotF ar m ste a d Fl i nt Cr ee Regal Oak Appletree CobaltAllegianceShoegerCandleberryOwen Silver City Austin Cotter WellsQuantockBig RockMaddenAar on TimberBuck t hor n Prairie CrossingWillowS c h o ol h o u s eStateColeDicksonBeecherJohn ParkHartfieldBri stol MainRebecca Crimson Oa k Rebecca JeterBaileyCanyon F a i r f a x Faxon SchmidtMainWa l n u t Hydraulic AndrewBeecher St agecoach St a g e c o a c h F o x MillP a r k Highpoint Faxon AshleyEmerald MitchelSchoolhouse Park Center S t a g e c o a ch MorganPenman Mapl e McHughRidge CURRENT SURFACE CONDITION DATE: PROJECT NO.: FILE: BY: OCTOBER 2018 YO1815-C YO1815 CURRENT SURFACE RANK.MXD CJO PAVEMENT MANAGEMENT SYSTEM UPDATE 2018 UNITED CITY OF YORKVILLE, ILLINOIS Engineering Enterprises, Inc. 52 Wheeler Road Sugar Grove, Illinois 60554 (630) 466-6700 www.eeiweb.com PATH:H:\GIS\PUBLIC\YORKVILLE\2018\YO1815 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 NORTH ° Legend SURFACE CONDITION Gravel Road Binder Only 10-39 Very Poor 40-59 Poor 60-69 Fair 70-79 Good 80-89 Very Good 90-100 Excellent H ollenback C reek Hol l enback CreekMi l l br ookSleepy HollowWalker HelmarStagecoach HollenbackWalker Walker Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #2 Tracking Number PW 2024-76 Public Works Equipment Purchase – Trackless Boom Flail Mower City Council – September 24, 2024 PW- 9/17/24 Moved forward to City Council agenda. PW 2024-76 Supermajority (6 out of 9) Approval Proposal to purchase a boom flail mower for our trackless utility tractor Eric Dhuse Public Works Name Department Summary A proposed boom mower attachment purchase for our new Trackless Utility Tractor. Background Public Works initially planned to purchase a boom mower in the FY 24 budget. However, we were unable to find one for our John Deere tractor that suited our needs that was within our price range of ~$35,000. Since that time, we have purchased an additional utility tractor for mowing, leaf removal, and snow removal. In addition to those attachments, there is also a boom mower attachment for the unit. Since this particular item was expected to be purchased during FY 24, it was not carried forward into the FY 25 budget. Nonetheless, I believe we have the funds to purchase the unit without a budget amendment due to budgetary savings within the Public Works Capital line items for vehicles. Per Finance Director Fredrickson, the original FY 25 budget included the full cost of a single axle dump truck (truck body & chassis) in the amount of $236,000. However, the City had previously acquired the chassis in a prior fiscal year, so only a new truck body would need to be purchased in FY 25. The resulting budgetary saving of ~$100,000 will easily cover the proposed boom mower attachment without the need of a budget amendment. Moreover, these budgetary savings will be further enhanced by the recent trackless tractor purchase approved by Council this past July, which came in under budget by $12,000 ($250,000 budgeted v. $238,000 actual). This mower will be used where it is potentially dangerous to use the traditional mower when the ditches are steep, or in retention areas with sloped banks. This unit will allow the tractor to stay on level ground and reach out 13.5’ horizontally, and 53” below ground level. This unit will also allow us to trim back brushy areas with its 13.5’ vertical reach as well. Examples of these type of areas are River St., Pavillion Rd., and W. Van Emmon. Recommendation Staff recommends the purchase of the boom flail mower from EJ Equipment in the amount of $39,960. This is a single source bid since it is an attachment made specifically for the trackless tractor. This is not something we could bid on the open market; only Trackless dealers carry these attachments and each dealership has a territory that they sell to. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: August 23, 2024 Subject: Boom Mower Purchase Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE PURCHASE OF A TRACKLESS BOOM FLAIL MOWER FROM E.J. EQUIPMENT, INC., IN AN AMOUNT NOT TO EXCEED $39,960.00 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City’s Municipal Code provides that the City may approve contracts for supplies and equipment that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, the City purchased a Trackless tractor from E.J. Equipment earlier this year, for use by the Public Works department; and WHEREAS, the City’s Public Works department is in need of a boom flail mower attachment for the Trackless tractor to aid in mowing certain areas that could be dangerous to use a traditional mower on, such as along steep ditches; and WHEREAS, the City has enough funds in the Fiscal Year 2025 public works budget to provide for the purchase of a boom flail mower attachment without a budget amendment; and WHEREAS, boom flail mower attachments for Trackless tractors may only be purchased through authorized Trackless dealers; and WHEREAS, E.J. Equipment, Inc. (the “Supplier”), an Illinois corporation, is a supplier of public works vehicles and equipment, and is an authorized Trackless dealer; and WHEREAS, the Supplier has provided the City with a quote (the “Quote”), attached hereto and incorporated herein as Exhibit A; and Resolution No. 2024-____ Page 2 WHEREAS, pursuant to the provisions of the Quote, the Supplier shall provide the City with a Trackless boom flail mower, for an amount not to exceed $39,960.00; and WHEREAS, since it can only be purchased through an authorized dealer, the Trackless boom flail mower cannot be competitively bid; the City has a good relationship with the Supplier; and the Supplier is conveniently located for any potential future maintenance needs; and WHEREAS, the Mayor and City Council (the “Corporate Authorities”) have determined that it is in the best interests of the health and safety of the City and its residents to waive the competitive bidding requirement and to authorize and approve the purchase of the Trackless boom flail mower from the Supplier in accordance with the provisions of the Quote. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. In consideration of the foregoing recitals, the competitive bidding requirement is waived and the City Administrator is hereby authorized and directed to proceed with the purchase of the boom flail mower attachment, as described in the Quote, from E.J. Equipment, Inc. Section 3. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK Resolution No. 2024-____ Page 3 KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Public Works Committee #3 Tracking Number PW 2024-77 Gjovik Ford Fleet Maintenance Contract Extension City Council – September 24, 2024 PW – 9/17/24 Moved forward to City Council agenda. PW 2024-77 Supermajority (6 out of 9) Approval Proposed contract extension with Gjovik ford for fleet maintenance work on city vehicles. Eric Dhuse Public Works Name Department Summary Our fleet maintenance repair contract with Gjovik Ford has expired. Staff is proposing a contract extension. Background The City has been utilizing the maintenance services at Gjovik Ford since 2021. During that time, the City has established a good relationship with them and are happy with the service. Deputy Chief Carlyle has been working with the service manager of Gjovik Ford to obtain pricing and determine the length of the contracts with renewals. I have attached his memo outlining the proposed pricing compared to the current contract, and the recommendation from the PD to continue the service with Gjovik. The new term of the contract will be 1 year with ability to renew the contract each year for an additional 3 years. No other terms of the contract will change except dates to make sure everything is current. If approved, we will have Gjovik draw up a new contract that will be reflect the new pricing and term of the contract. We will then double check for accuracy and have a legal review performed before signing. Recommendation Staff recommends the approval contract extension with Gjovik Ford with new pricing and term of the contract as outlined by Deputy Chief Carlyle. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Date: August 27, 2024 Subject: Gjovik Ford Contract Extension Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION APPROVING A PROPOSAL FROM GJOVIK FORD, INC. TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS FOR VEHICLE MAINTENANCE WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing municipality of the State of Illinois pursuant to the 1970 Illinois Constitution and the Illinois Municipal Code, as from time to time amended (the “Municipal Code”) (65 ILCS 5/65-1-1-2, et seq.); and WHEREAS, the City’s Municipal Code provides that the City may approve service contracts that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, Gjovik Ford, Inc., of Plano, Illinois (“Gjovik”) submitted a proposal to the City, a copy of which is attached hereto, (the “Proposal”), for the maintenance of City vehicles for a term commencing upon acceptance and terminating April 30, 2025; and WHEREAS, Gjovik has performed maintenance service on City vehicles since 2021 and was found to be most reliable and provided excellent service; and WHEREAS, the prices quoted in said Proposal are deemed to be the most reasonable; and WHEREAS, the Mayor and City Council (the “Corporate Authorities”) have determined that it is in the best interests of the health and safety of the City and its residents to waive the competitive bidding requirement and to extend the contract with Gjovik as set forth in the Proposal. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. The recitals set for above are incorporated into this Resolution as if fully restated herein. Section 2. In consideration of the foregoing recitals, the competitive bidding requirement is waived, and the Director of Public Works is hereby authorized and directed to accept said proposal for a term commencing upon acceptance and terminating April 30, 2025. Section 3. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Resolution No. 2024-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: 08/16/2024 To: Director Eric Dhuse From: Deputy Chief Garrett Carlyle Reference: FY26 Vehicle Maintenance Contract – Gjovik Ford Mr. Dhuse, We are currently working under an expired contract (expired April 2024) with Gjovik Ford (12950 E. US Route 34, Plano, IL) regarding fleet maintenance. The existing contractual pricing will be honored by Gjovik Ford until completion of any extensions to the contract. I have worked with Service Director Brian Redmond to agree upon potential service pricing with an effective date good through 04/30/2025 with availability for 3 additional annual renewals. Attached to this memorandum are the proposed rate agreements for FY26 (Attachment #1). To summarize the proposed changes, please refer to the below chart. All other contractual facts will remain the same unless otherwise noted in Attachment #1. Although labor rates are increasing, the overall cost of service remains less than other certified Ford maintenance options (such as Riverview Ford). It is my recommendation we continue with Gjovik Ford as the vehicle maintenance provider for the upcoming contractual period. I believe having certified mechanics capable of working on multiple issues from the same facility has been beneficial for our agency. In our experience Gjovik’s has been timely and efficient in keeping our fleet running. The proximity to our department and availability of porters has helped downtime stay at a minimum. I believe this is our best option when considering total service, ease of use, and cost effectiveness. Respectfully, Mitchell G. Carlyle Group #1 - Cars and Trucks up to 1 1/2 ton Current Proposed Percent Change Posted Shop Rate $180.00 $189.95 5.5 Percent Discount 45%45% Discount Shop Rate $99.00 $125.00 26.3 Parts 28.5% Off Cost + 25% Flat Rate Services Current Proposed Percent Change Front Alignment 89 89.95 1.1 Rear Alignment 109 139.95 28.4 Oil Change 55 60 9.1 Synthetic Oil 80 88 10.0 Group #2 Trucks over 1 1/2 ton Current Proposed Percent Change Discounted Shop Rate 108 135 25.0 Parts 28.5% Off Cost +25% Front Alignment $109.00 $109.00 0.0 Rear Alignment $109.00 $109.00 0.0 Oil Change $55.00 $60.00 9.1 Synthetic Oil $80.00 $88.00 10 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Please note: This item was on the September 19th Park Board meeting agenda; however, the City Council packet was compiled and distributed prior to the Park Board meeting. Feedback from the committee was not available at the time of packet creation. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Park Board #1 Tracking Number CC 2024-76 Rice Park Playground Equipment Donation Agreement City Council – September 24, 2024 Majority Approval Please see the attached memo. Tim Evans Parks & Recreation Name Department Summary Rice Park Used Playground Equipment Donation Proposal Background As shown on the attached Playground Replacement Schedule, Rice Park playground equipment is on the list to be replaced. In 2023, new playground equipment was ordered and delivered for Rice Park located at 545 Poplar Dr, Yorkville, IL 60560. With parks staff recently installing the new playground equipment at Sleezer Park, staff is ready to start removing and installing the new playground equipment at Rice Park. Similar to Sleezer Park, the new Rice Park playground equipment project is a complete tear down, rather than a refurbishment. As a result, Kids Around The World (KATW) contacted the Yorkville Parks and Recreation Department about the possibility of donating the used equipment to their organization. Kids Around The World is a non-profit entity based in Rockford, Illinois, that removes old playground equipment from park districts and municipalities, refurbishes the equipment, then reinstalls the equipment in underprivileged countries around the world. For additional information about Kids Around The World, please follow the below link to their website: https://kidsaroundtheworld.com/play/ The benefits of donating the used Rice Park playground equipment through a partnership with Kids Around the World (KATW) are as follows: a) As KATW will remove all the decks, slides, climbers, railings, posts and additional equipment features, Parks staff will only be responsible for removing the playground equipment footings, resulting in a not only a savings on labor that would be paid to Parks staff, but also time that staff could be spending on alternate projects. b) By removing the need for Parks staff to haul the old equipment back to the Parks Maintenance facility for sorting of potentially recyclable elements from unusable materials, Parks staff will save costs that would have been incurred by transporting the materials and the time it would have taken staff to sort and discard of materials. c) Staff has ascertained that any potential recycling funds that Parks may recover from the old playground materials would not offset the costs in time and labor incurred by Parks staff to remove and dispose of the playground. These potential costs can be avoided by Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Bart Olson, City Administrator Date: September 16, 2024 Subject: Rice Park Used Playground Equipment Donation Proposal donating the used playground to KATW, who will use their own staff to remove and relocate the equipment. d) Donating used playground equipment to KATW will have a positive environmental impact of significantly reducing the amount of plastic waste that would otherwise end up in landfills. e) KATW is able to remove a playground in a single day, resulting in a more time-efficient installation of the new Rice Park equipment by Parks staff. f) The donated equipment will be reinstalled in an underprivileged country, benefiting hundreds, if not thousands, of children and families, rather than being discarded or recycled with limited impact. Recommendation Recognizing how well the KATW experience went with the Emily Sleezer Park playground equipment donation, Staff seeks City Council approval of the Rice Park used playground donation proposal to Kids Around The World. Additionally, due to the Park Board meeting coinciding with the City Council meeting agenda submission deadline, staff will provide a verbal update of the Park Board’s recommendation to the Council. . Resolution No. 2024-____ Page 1 Resolution No. 2024- A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE DONATION OF CERTAIN USED PLAYGROUND EQUIPMENT TO KIDS AROUND THE WORLD, A NOT-FOR-PROFIT ENTITY WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City Administrator has authority pursuant to Yorkville City Code Section 1-7-3(H)(2)(b) to sell or donate personal property that is no longer necessary, useful to or in the best interests of the City; and WHEREAS, the City’s Parks Department is planning to replace playground equipment at Rice Park; and WHEREAS, the City has no need or purpose for the playground equipment that will be replaced (the “Used Equipment”); and WHEREAS, the City has been contacted by Kids Around the World, a not-for-profit entity located in Rockford, Illinois (“KATW”), about the possibility of donating the Used Equipment, which KATW would remove from its current site and refurbish and reinstall in an underprivileged country; and WHEREAS, donating the Used Equipment would save the City’s Parks Department numerous staff hours that would have been spent dismantling and disposing of the Used Equipment; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the health, safety and welfare of the City and its residents to authorize the donation of the Used Equipment to Kids Around the World. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings of the Corporate Authorities. Resolution No. 2024-____ Page 2 Section 2. In consideration of the foregoing recitals, the City Administrator is hereby authorized and directed by the Corporate Authorities to donate the playground equipment located at Rice Park to Kids Around the World. Section 3. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK c, • • ••• kids around the world PLAYGROUND EQUIPMENT DONATION AGREEMENT This agreement is entered this date between Kids Around The World, Inc,, 5245 28th Ave., Rockford, II. 61109 (hereinafter referred to as "KIDS") and _________________ _ (hereafter referred to as "Donating Organization"). KIDS, an Illinois not-for-profit corporation, registered in Illinois at the above address performing charitable programs including building playgrounds for children in underprivileged locations, desires to Acquire as a donation, the below identified used playground equipment from the Donating Organization (hereafter referred to as the "Equipment"). In consideration for the donation of the Equipment from the Donating Organization, KIDS agrees to the following: DISCLAIMER: KIDS aclmowledges and agrees that the Donating Organization is neither a manufacturer nor a vendor of the Equipment, that KIDS takes the Equipment and each part thereof "as-is" and that the Donating Organization has not made, and does not hereby make, any representation, warranty, or covenant, express or implied, with respect to compliance with any and all applicable guidelines or regulations, including, but not limited to ASTM and CPSC, the merchantability, condition, quality, durability, design, operation, fitness for use, or suitability of the Equipment in any respect whatsoever or in connection with or for the purposes and uses of KIDS, or as to the absence of latent or other defects whether or not discoverable, or as to the absence of any infringement of any patent, trademark or copyright, or as to any obligation based on strict liability in tort or any other representation, warranty, or covenant of any ldnd or character, express or implied, with respect thereto, it being agreed that all risks incident thereto are to be borne by KIDS and the Donating Organization shall not be obligated or liable for actual, incidental, consequential, or other damages of or to buyer or other person or entity arising out of or in connection with the use or performance of the Equipment and the maintenance thereof. KIDS acknowledges that KIDS has selected the Equipment KIDS is acquiring from the Donating Organization based on KIDS' own judgment and the Donating Organization hereby affirmatively disclaims reliance on any oral representation concerning the Equipment made to KIDS. INSURANCE REQUIREMENTS: KIDS shall maintain insurance of the types and in the amounts listed below. A.Commercial General Liability Insurance KIDS shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and a $2,000,000 aggregate limit. CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 IO 93, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The ______ shall be included as an additional insured under the CGL insurance form. B.Business Auto Liability Insurance If applicable, KIDS shall maintain business auto liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto including owned, hired and non- owned autos. C.Workers Compensation Insurance Kids will maintain a worker's compensation insurance policy to cover all of the Kids employees with a minimum employer's liability limit of$100,000 I $500,000 I $100,000. D.General Insurance Provisions 1. Evidence oflnsurance Prior to removal of the Equipment, KIDS shall furnish _____ with a certificate(s) of valid insurance meeting the above noted requirements. The donated equipment included in this agreement includes: _______________ _ Representative of KIDS AROUND THE WORLD, INC. Representative. of the DONATING ORGANIZATION DATE •DATE kids around the world I 5245 28th Ave., IL 61109 I 815-229-8731 Playground Replacement Schedule The industry standard for the useful life of a playground is fifteen to twenty years. We are scheduling replacement at twenty years. Yorkville playgrounds are inspected and maintained regularly. Depending on manufacture and parts availability, replacement will be on a case-by-case basis. Three percent has been added for every year to compensate for manufacturing increases and inflation. These costs do not include playground removal and installation. Playgrounds in blue represent playgrounds that were built in-house by the Parks Department. Site Manufacture Built Cost Install Cost Replacement Date/Cost (Equipment Only) Prestwick Playcraft 2025 $69,365.10 $14,400.00 2045/$110k Rice Playcraft 2024 $90,402.60 $13,900.00 2044/$140k Sleezer Little Tikes 2024 $76,092.06 $10,700.00 2044/$121k Kiwanis Little Tikes 2024 $73,725.87 $10,200.00 2044/117k Countryside Little Tikes 2023 $27,265.07 $14,200.00 2043/$50k Fox Hill Miracle 2022 $39078.19 $6,500.00 2042/$80k Price Miracle 2022 $37,613.71 $6,500.00 2042/$80k Caledonia Burke 2020 $75,414 $10,700.00 2040/$100k Autumn Creek North Burke 2020 $54,636.00 $10,700.00 2040/$80k Purcell Burke 2020 $47,666.00 $10,800.00 2040/$65k Beecher Burke 2021 $135,064.00 $18,500.00 2041/$150k Windett Ridge Burke 2018 $45626.00 ? 2038/$78k Riverfront Burke 2017 $81,815.00 ? 2037/$150k Grande Reserve B Little Tikes 2014 $39,669.19 $12,219.27 2034/$95k Raintree B Playcraft 2011 2031/$135k Bristol Bay A L/Structures/Little Tikes 2010 2030/$125k Greens L/Structures/Playcraft 2008 2028$120k Heartland Circle Miracle 2008 2028/$128k Cobb Gametime 2008 2028/$65k Riemenschnider Little Tikes/Kompan 2007 2027/$125k Bristol Station Miracle/Playworld 2007 2027/$125k Stepping Stones Little Tikes 2007 2027/$100k Hiding Spot Game Time 2007 2027/$135k Raintree A Little Tikes 2006 2026/$70k Bridge Landscape Structures 2006 2026/$70k Sunflower Playcraft 2006 2026/$85k Gilbert Gametime 2005 2025/$60k Cannonball Playcraft 2005 2025/$105k Rotary Playworld 2004 2024/$100k Rice Park 3 SW VIEW R5 FOR KIDS AGES 2-12 STRUCTURE #1 PROJECT #Rice Park 3 DATE 3/23/2023 Rice Park 3 SE VIEW R5 FOR KIDS AGES 2-12 STRUCTURE #1 PROJECT #Rice Park 3 DATE 3/23/2023 Rice Park 3 NE VIEW R5 FOR KIDS AGES 2-12 STRUCTURE #1 PROJECT #Rice Park 3 DATE 3/23/2023 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Please note: This item was on the September 19th Park Board meeting agenda; however, the City Council packet was compiled and distributed prior to the Park Board meeting. Feedback from the committee was not available at the time of packet creation. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Park Board #2 Tracking Number CC 2024-77 Rotary Park Inclusive Playground Purchase Proposal City Council – September 24, 2024 Supermajority (6 out of 9) Approval Please see the attached memo. Tim Evans Parks & Recreation Name Department Subject Rotary Park Inclusive Playground Purchase Proposal Background As shown on the attached playground replacement schedule, the Rotary Park playground is twenty (20) years old and is reaching the end of its useful lifespan. Rotary Park is a twelve (12) acre community park site that is located within the Grande Reserve subdivision at 2775 Grande Trail Rd. The park site currently features an adventure-themed playground with the following amenities: a) Baseball field. b) Playground for 5–12-year-old children. c) Picnic Area. d) Shelter. e) Skateboard Elements. f) Zipline. g) Trails. h) Pickleball Courts. GameTime, a prominent playground manufacturer with whom we have worked in the past, has recently informed the Parks and Recreation Department of a limited-time matching funds grant opportunity. This grant offers up to 100% matching funds towards the purchase of an eligible new play system from the GameTime catalog of equipment. This is a unique opportunity for the City to more than double the Rotary playground budget, and potentially purchase and install Yorkville’s first inclusive playground structure with the matching funds grant from GameTime. An inclusive playground is an open and safe space that is carefully designed to promote play among children of various abilities, ages, and communities. It gives children with or without a disability the same platform to play while breaking down barriers, both physically and socially. Rotary Park is an ideal park site for the City’s first inclusive playground structure. With its location right off of Rt. 34 and Kennedy Road, it is relatively easy for residents to access the park and the park has a parking lot. Due to its 12-acre park size, the City will have plenty of room to install this new structure and to potentially add additional inclusive equipment pieces in the future, while also allowing baseball, softball, and football to continue to be played at this site. Attached are designs from GameTime of The Fascination Factor playground structure that P&R staff is recommending for purchase. This play system is designed for children ages 5-12 with inclusive equipment pieces that are accessible by ramps. Memorandum To: Yorkville City Council From: Tim Evans, Director of Parks and Recreation CC: Bart Olson, City Administrator Date: September 16, 2024 Subject: Rotary Park Inclusive Playground Purchase Proposal This structure also features Rock With Me, Sensory Wave products, musical instruments, and GT Sensors for sensory play. This structure includes five slides and an integrated shade for additional play value, making Fascination Factor play structure a unique and appealing playground destination for Yorkville kids of differing abilities. The total cost of the GameTime Inclusive Fascination Factor playground structure is $353,566. As part of the grant, the City would need to contribute 50% ($175,408) towards the purchase of this new playground equipment as well as we have been quoted $14,738.85 in shipping cost for a total purchase price of $192,896.86. Quote attached. In addition, the City would need to complete the attached grant application, which consist of the following main details: a) Applications must be submitted by October 18, 2024 and be validated by the project administrator b) Grant orders must be placed by or before October 25, 2024, or by the time the eligible funds are disbursed (whichever comes first) c) P&R must be able to receive the shipment by December 31, 2024 d) The matching funds applies to the purchase of GameTime equipment as follows with payment in full (freight and sales tax are not included in matching) In comparison, a standard playground is typically designed with a more vertical layout, while an inclusive playground is structured more horizontally. While a standard playground meets the minimum ADA requirements by incorporating elements such as slides, climbers, rockers, play panels, ground-level activities, ramps, and/or transfer platforms, inclusive playgrounds utilize these same elements but often feature multiple ADA access points, primarily achieved through extensive ramping. Additionally, inclusive playgrounds are more thoughtfully designed regarding the placement of playground elements, enhancing accessibility and user-friendliness for parents, grandparents, and individuals who may require easier access. This design philosophy ensures that people of all abilities, both children and adults, can enjoy playing together. Ramping on a standard playground adds an element of excitement, as children enjoy running up and down ramps, which also enhances gameplay for activities like cherry bomb, hot lava, and tag. However, incorporating ramping is costly and generally results in a more horizontally oriented playground. Effectively, building a standard playground with multiple entry and exit points using ramping and deck-to-deck connections equates to constructing an inclusive playground. Therefore, there is minimal to no cost difference between a standard playground with these features and an inclusive playground. Please note that the color of the playground equipment may vary from what is shown on the attached designs. This proposal does not include a rubberized surface; instead, safety mulch will be used for the surface area. Based on the attached P&R FY 25 Capital Budget, P&R currently has the following funds available to pay for the $192,896.85 new Rotary Park playground equipment and shipping cost: a) $100,000 is already designated to purchase new playground equipment for Rotary Park. b) In addition, there is $78,000 in the P&R Capital budget for safety barriers that the City was going to purchase jointly with the School District. However, the School District has notified City staff that they would not be able to contribute their portion of the funds towards the safety barriers. This potentially gives P&R staff $178,000 available within the P&R FY 25 Capital Budget towards the $190,000 purchase price. c) As for the remaining $14,896.85 P&R staff is proposing we use $14,896.85 of the $25,000 designated in the Riverfront Park concrete funds project, since we were unable to complete that project in FY 25. If this proposal is approved, staff would request the safety barrier and Riverfront Park concrete project funds to be replenished in the FY 26 Capital budget. Also, since the new Rotary Park playground equipment will not be installed until FY 26, we will be requesting the anticipated installation funds of $30,000 - $40,000 in the FY 26 P&R Capital budget. This would bring the total final City cost to purchase and install the Rotary Park inclusive playground somewhere between $220,000 - $230,000. Recommendation Staff seeks City Council approval to allocate $192,896.85 from the P&R Capital Budget and permission to apply for the $353,566 GameTime Inclusive Fascination Factor Playground Structure Grant, plus shipping, for the purchase of City’s first inclusive playground equipment at Rotary Park. Additionally, due to the Park Board meeting coinciding with the City Council meeting agenda submission deadline, staff will provide a verbal update of the Park Board’s recommendation to the Council. Resolution No. 2024-____ Page 1 Resolution No. 2024-_____ A RESOLUTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS, AUTHORIZING THE PURCHASE OF PLAYGROUND EQUIPMENT FROM GAMETIME IN AN AMOUNT NOT TO EXCEED $192,896.85 WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, the City’s Municipal Code provides that the City may approve contracts for supplies and equipment that have not been competitively bid by a two-thirds affirmative vote of the City Council; and WHEREAS, the playground equipment located at Rotary Park is 20 years old and in need of replacement; and WHEREAS, the City has $100,000.00 in the Fiscal Year 2025 budget for the purchase of playground equipment for Rotary Park, and an additional $92,896.85 in Parks Department funds originally budgeted for projects that were not completed and that can be allocated to the purchase of playground equipment at Rotary Park; and WHEREAS, GameTime (the “Supplier”) is a supplier of playground equipment, and has provided the City with a quote for inclusive playground equipment (the “Quote”), attached hereto and incorporated herein as Exhibit A; and WHEREAS, Supplier offers a grant program (the “Program”), where Supplier matches up to 100% of funds toward the purchase of a new playground system, providing the City with enough funds to purchase an inclusive playground for Rotary Park; and WHEREAS, funds matched through the Program would allow the City to purchase an inclusive playground from the Supplier for installation at Rotary Park; and WHEREAS, pursuant to the provisions of the Quote, the total cost of the inclusive playground equipment for Rotary Park is $353,566; and WHERAS, thanks to the funding provided through the Program, actual cost for the City would be $175,408 for the equipment plus $14,738.85 in shipping costs, for a combined total $192.896.85 for the purchase of an inclusive playground for Rotary Park; and WHEREAS, the City has purchased equipment from the Supplier in the past, and the City has a good relationship with the Supplier; and WHEREAS, the Mayor and City Council have determined that it is in the best interests of the health and safety of the City and its residents to waive the competitive bidding requirement and to authorize and approve the purchase of the playground equipment from the Supplier in accordance with the provisions of the Quote. Resolution No. 2024-____ Page 2 NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois: Section 1. The foregoing recitals are incorporated in this Resolution as the findings of the Corporate Authorities. Section 2. The City Administrator is hereby authorized and directed to apply for the matching grant program described in the foregoing recitals. Section 3. Provided the City secures fund matching through the grant program, the competitive bidding requirement is hereby waived, and the City Administrator is authorized and directed to proceed with the purchase of the playground equipment described in Exhibit “A” from GameTime, in an amount not to exceed $192.896.85. Section 4. This Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Resolution No. 2024-____ Page 3 Attest: ______________________________ CITY CLERK ^ĐŽƚƚ^ůĞĞǌĞƌ )URP ^ĞŶƚ͗ 7R ^ƵďũĞĐƚ͗ *DPH7LPHKRVWPDVWHU#JDPHWLPHFRP! 7XHVGD\-XO\$0 6FRWW6OHH]HU 3OD\JURXQG*UDQWV 8SWR 0DWFKLQJ)XQGV *DPHLPH ͻW>KZΗͲ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layground Replacement Schedule The industry standard for the useful life of a playground is fifteen to twenty years. We are scheduling replacement at twenty years. Yorkville playgrounds are inspected and maintained regularly. Depending on manufacture and parts availability, replacement will be on a case-by-case basis. Three percent has been added for every year to compensate for manufacturing increases and inflation. These costs do not include playground removal and installation. Playgrounds in blue represent playgrounds that were built in-house by the Parks Department. Site Manufacture Built Cost Install Cost Replacement Date/Cost (Equipment Only) Prestwick Playcraft 2025 $69,365.10 $14,400.00 2045/$110k Rice Playcraft 2024 $90,402.60 $13,900.00 2044/$140k Sleezer Little Tikes 2024 $76,092.06 $10,700.00 2044/$121k Kiwanis Little Tikes 2024 $73,725.87 $10,200.00 2044/117k Countryside Little Tikes 2023 $27,265.07 $14,200.00 2043/$50k Fox Hill Miracle 2022 $39078.19 $6,500.00 2042/$80k Price Miracle 2022 $37,613.71 $6,500.00 2042/$80k Caledonia Burke 2020 $75,414 $10,700.00 2040/$100k Autumn Creek North Burke 2020 $54,636.00 $10,700.00 2040/$80k Purcell Burke 2020 $47,666.00 $10,800.00 2040/$65k Beecher Burke 2021 $135,064.00 $18,500.00 2041/$150k Windett Ridge Burke 2018 $45626.00 ? 2038/$78k Riverfront Burke 2017 $81,815.00 ? 2037/$150k Grande Reserve B Little Tikes 2014 $39,669.19 $12,219.27 2034/$95k Raintree B Playcraft 2011 2031/$135k Bristol Bay A L/Structures/Little Tikes 2010 2030/$125k Greens L/Structures/Playcraft 2008 2028$120k Heartland Circle Miracle 2008 2028/$128k Cobb Gametime 2008 2028/$65k Riemenschnider Little Tikes/Kompan 2007 2027/$125k Bristol Station Miracle/Playworld 2007 2027/$125k Stepping Stones Little Tikes 2007 2027/$100k Hiding Spot Game Time 2007 2027/$135k Raintree A Little Tikes 2006 2026/$70k Bridge Landscape Structures 2006 2026/$70k Sunflower Playcraft 2006 2026/$85k Gilbert Gametime 2005 2025/$60k Cannonball Playcraft 2005 2025/$105k Rotary Playworld 2004 2024/$100k Account NumberFY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029DescriptionProjectedProposedProjectedProjectedProjectedProjectedTotals25-225-60-00-6070Vehicles $ 38,995 $ 94,000 $ 184,000 $ 52,000 $ 117,000 $ 155,000 $ 640,995 Pickup Truck38,995 52,000 52,000 52,000 52,000 - 246,995Pickup Truck- 42,000 52,000 - - - 94,000Recreation Van- - 38,000 - - 45,000 83,000 Pickup Truck- - 42,000 - - - 42,000 Dump Truck- - - - 65,000 - 65,000Utility Truck- - - - - 55,000 55,000Utility Truck- - - - - 55,00055,00025-225-60-00-6060Equipment $ 107,913 $ 219,000 $ 115,000 $ 135,000 $ 77,000 $ 41,000 $ 694,913 Mower13,359 15,000 15,000 16,000 16,000 16,000 91,359 Scissor Lift9,650 - - - - - 9,650Generator2,398 - - - - - 2,398Backhoe13,090 - - - - - 13,090Skid Steer- 55,000 - - - - 55,000Watering Trailer and Tank- 15,000 - - - - 15,000Safety Barriers- 78,000 - - - - 78,000Gator- - - 12,000 - - 12,000Forrester Attachment- 31,000 - - - - 31,000Wing Mower- - - 68,000 - - 68,000Fork Truck- - 25,000 - - - 25,000Miscellaneous Recreation Equipment8,000 15,000 15,000 15,000 15,000 15,000 83,000Utility Brush Mower- - - 8,000 - - 8,000Replace Trash Cans 13,500 10,000 10,000 10,000 10,000 10,000 63,500Trailer8,127 - - 6,000 - - 14,127Paint Sprayer- - - - 20,000 - 20,000Mower33,199 - - - 16,000 - 49,199Preschool Cabinets 1,500 - - - - - 1,500Lighting Detectors - - 50,000 - - - 50,000Storage Containers 4,740 - - - - - 4,740Traffic Cones350 - - - - - 350Park & Recreation Capital (25-225) - Vehicles / Equipment / Park Improvements Summary Account NumberFY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029DescriptionProjectedProposedProjectedProjectedProjectedProjectedTotals25-225-60-00-6010Park Improvements $ 417,332 $ 186,000 $ 160,000 $ 220,000 $ 185,000 $ 560,000 $ 1,728,332 Replace Turf - Baseball Outfields at Br- 15,000 15,000 15,000 15,000 15,000 75,000 Playgrounds - Rotary Park- 100,000 - - - - 100,000 Playgrounds - Sleezer Park76,092 - - - - - 76,092Playgrounds - Kiwanis Park73,726 - - - - - 73,726Playgrounds - Countryside Park27,266 - - - - - 27,266Playgrounds - Rice Park80,751 - - - - - 80,751Playgrounds - Prestwick Park62,763 - - - - - 62,763Riverfront Concrete Project- 25,000 - - - - 25,000Playground Installation Carry Over from- 46,000 - - - - 46,000Playgrounds - Cannonball Park- - 105,000 - - - 105,000Playgrounds - Sunflower Park- - - 85,000 - - 85,000Grande Reserve - Park C- - 40,000 - - - 40,000Playgrounds - Bridge Park- - - 70,000 - - 70,000Playgrounds - Raintree A Park- - - - 70,000 - 70,000Playgrounds - Stepping Stones Park- - - - 100,000 - 100,000Playgrounds - Bristol Bay Park- - - 50,000 - - 50,000Playgrounds - Gilbert Park- - - - - 60,000 60,000Playgrounds - Bristol Station Park- - - - - 125,000 125,000Grande Reserve - Park F- - - - - 120,000 120,000Grande Reserve - Park G- - - - - 120,000 120,000Grande Reserve - Park H- - - - - 120,000 120,000Countryside Shelter 38,000 - - - - - 38,000Countryside Installation 43,734 - - - - - 43,734Kiwanis Installation 15,000 - - - - - 15,000Grand Totals $ 564,240 $ 499,000 $ 459,000 $ 407,000 $ 379,000 $ 756,000 $ 3,064,240 All purchases existing Vehicles and Equipment, unless noted otherwise (highlighted in blue). New additions.Park & Recreation Capital (25-225) - Vehicles / Equipment / Park Improvements Summary (continued) Sensory Wave Seat Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #1 Tracking Number PZC 2024-01 & EDC 2024-53 Yorkville Renewables Solar (Nexamp) - (Rezone, Special Use, and Variance) City Council – September 24, 2024 Requested Rezoning, Special Use, and Variance approval for a proposed alternative energy system or “solar farm”. Rezoning – 2/3 Majority of the Alderman (6 out of 8) Special Use – Supermajority (6 out of 9) Variance – Majority Approval Sara Mendez Community Development Name Department PZC – 9/11/24 Moved forward to City Council agenda. PZC 2024-01 & EDC 2024-53 1 BACKGROUND AND PROJECT DESCRIPTION: The applicant, Daniel Kramer on behalf of Nexamp dba Yorkville Renewables, LLC, contract leasee, is requesting rezoning, special use, and variance permit approval to construct a 5-megawatt (MW) freestanding community solar facility. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD) in parcels (#02-05-400-005 and #02-08-200-030). A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance 2024-05). The property is currently utilized for farming and the owners of the real property are Daniel A and Charene S Nagel. The petitioner is also requesting to rezone the parcel from the cu rrent R-2 Single-Family Traditional Residence District to the A-1 Agricultural District. Lastly, the petitioner is requesting a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum interior side yard setbacks from one hundred (100) feet to fifty (50) feet. Memorandum To: City Council From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: September 17, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm (Rezone, Special Use, and Variance) 2 PLANNING AND ZONING COMMISSION COMMENTS: At the September 11, 2024, Planning and Zoning Commission meeting, the applicant, Nexamp dba Yorkville Renewables, LLC, clarified the details of their requested bulk and dimensional variance. Specifically, they are seeking a variance to Section 10-4-13 of the City’s Unified Development Ordinance to reduce the minimum interior side yard setbacks from the required one hundred (100) feet to fifty (50) feet. This clarification corrects the original Planning and Zoning Commission memo, which updated the previously requested reduction of the setback from fifty (50) feet to eight (8) feet. The original petition, submitted before the adoption of the Unified Development Ordinance, had already undergone a previous Plan Council meeting and, at that time, met the standards of the previous zoning ordinance regarding setbacks. The petitioner is now requesting to retain these original standards. REZONING, SPECIAL USE, & VARIANCE REQUEST: The Planning and Zoning Commission held a public hearing for the rezoning and special use request for a solar farm on September 11, 2024. The commission made the following actions on the motions below: REZONING In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-2 Single-Family Traditional Residence District to A-1 Agricultural District for the purpose of constructing a freestanding solar energy system, or solar farm, located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay SPECIAL USE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, as depicted in plans prepared by Atwell and submitted by Nexamp dated last revised 8/15/24 for approximately 23 acres located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to staff recommendations in a memo dated September 4, 2024. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay VARIANCE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council for a request for bulk regulation variance to Section 10-4-13.B.8.b of the Unified Development Ordinance, reducing the north, west, and south property lines setback from 100 feet to 50 feet. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay 3 ATTACHMENTS: 1) Property Aerial dated 03/13/22, as prepared by Nexamp 2) Legal Description dated August 15, 2022, as prepared by Atwell Group 3) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 4) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 5) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 6) Manufactures Cut Sheets, as submitted by Nexamp 7) Interconnection Agreement with ComEd 8) Application for Rezoning, as prepared by Yorkville Renewables, LLC 9) Application for Special Use, as prepared by Yorkville Renewables, LLC 10) List of Property Owners within 500 feet of subject parcel 11) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 12) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 13) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 14) Rendering, dated June 13, 2024 15) Plan Council Packet (07-25-2024) 16) Public Hearing Notices 17) Response Letter to EEI, dated August 15, 2024 18) Final Site Plans, dated August 15, 2024 19) Truck Turn Analysis Construction/Delivery Traffic, dated August 15, 2024 20) Stormwater/Drainage Memorandum, dated August 16, 2024 21) Culvert Computations, dated August 16, 2024 22) Engineer’s Opinion of Probable Decommissioning Cost for Yorkville Solar, dated August 15, 2024 23) EEI Comments, dated October 19, 2023 24) EEI Comments, dated July 10, 2024 25) EEI Comments, dated August 27, 2024 26) Conditional Use Permit Narrative, dated June 14, 2024 27) Kendall County Highway Department Access Approval Email, dated November 9, 2022 Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING THE REZONING TO THE A-1 AGRICULTURAL ZONING DISTRICT OF CERTAIN TERRITORY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GALENA ROAD AND ROUTE 47 WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Nexamp d/b/a Yorkville Renewables, LLC, an Illinois limited liability company (“Applicant”), is leasing approximately 23 acres for the proposed installation of approximately 11,712 freestanding solar energy systems on the property owned by Daniel A. and Charne S. Nagal, located at the southwest corner of Galena Road and Illinois Route 47 (N. Bridge Street) (“Subject Property”) within the corporate limits of the City legally described in Section 2 and as shown on Exhibit A attached hereto and made a part hereof, and is seeking rezoning of the Subject Property into the A-1 Agricultural Zoning District; and WHEREAS, the Subject Property was located within the former East Westbury Village Planned Unit Development and classified in the R-2 Single-Family Traditional Residence District as set forth in Section 10-3-4 of the Unified Development Ordinance; and WHEREAS, the Applicant desires to rezone the Subject Property into the A-1 Agricultural Zoning District; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on September 11, 2024, to consider the rezoning after publication of notice and notice to property owners within five hundred (500) feet of the Subject Property; and Ordinance No. 2024-____ Page 2 WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-12 and made findings of fact and recommendation to the Mayor and City Council (“Corporate Authorities”) for approval of the rezoning; and WHEREAS, an objection to the requested relief was filed by the owner of 20% or more of the frontage immediately adjoining the property at issue, pursuant to Section 10-8-5 of the UDO and Section 11-13-14 of the Illinois Municipal Code, and therefore a two-thirds affirmative vote of the City Council is required to grant the requested relief; and WHEREAS, the Corporate Authorities have received and considered the recommendation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the rezoning of the Subject Property, legally described as: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, Ordinance No. 2024-____ Page 3 SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 Ordinance No. 2024-____ Page 4 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO Ordinance No. 2024-____ Page 5 THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, Ordinance No. 2024-____ Page 6 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG Ordinance No. 2024-____ Page 7 SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; Ordinance No. 2024-____ Page 8 THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID Ordinance No. 2024-____ Page 9 SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE Ordinance No. 2024-____ Page 10 SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. Ordinance No. 2024-____ Page 11 ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE Ordinance No. 2024-____ Page 12 EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. Ordinance No. 2024-____ Page 13 EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER Ordinance No. 2024-____ Page 14 OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 Ordinance No. 2024-____ Page 15 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST Ordinance No. 2024-____ Page 16 LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• with Property Index Numbers 02-05-400-005 and 02-08-200-03 into the A-1 Agricultural Zoning District. Section 3. That the rezoning to A-1 Agricultural Zoning District approved through this Ordinance is contingent upon the approval of a special use permit for the Subject Property for use Ordinance No. 2024-____ Page 17 as a solar farm with freestanding solar energy systems, and should such special use permit be denied, the rezoning contemplated in this Ordinance shall not be granted. Section 4. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Exhibit A LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A SPECIAL USE PERMIT ALLOWING FREESTANDING SOLAR ENERGY SYSTEMS ON CERTAIN TERRITORY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GALENA ROAD AND ROUTE 47 WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.) the Mayor and the City Council of the City (collectively, the “Corporate Authorities”) may provide for the classification of special uses in its zoning ordinance; and WHEREAS, pursuant to the United City of Yorkville Unified Development Ordinance (the “UDO”), any person owning or having an interest in property may file an application to use such land for one or more of the special uses provided for in the zoning district in which the land is situated; and WHEREAS, Nexamp d/b/a Yorkville Renewables, LLC, an Illinois limited liability company (“the Lessee”), is leasing approximately 23 acres for the proposed installation of approximately 11,712 freestanding solar energy systems on the property owned by Daniel A. and Charne S. Nagal, located at the southwest corner of Galena Road and Illinois Route 47 (N. Bridge Street) (“Subject Property”) legally described in Section 2 of this Ordinance; and WHEREAS, under the authority of the UDO, the Subject Property is located in a designated A-1 Agricultural District and freestanding solar systems are allowed with a special use permit; and Ordinance No. 2024-____ Page 2 WHEREAS, the Corporate Authorities have received a request from the Lessee for a special use permit for the Subject Property to allow the solar farm with freestanding solar energy systems; and WHEREAS, a legal notice of publication regarding a public hearing before the Planning and Zoning Commission on the proposed special use permit was duly published in a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15) days prior to the public hearing; and WHEREAS, notice to property owners within 500 feet of the Subject Property identified for the special use permit was sent by certified mail; and WHEREAS, the Planning and Zoning Commission convened and held a public hearing on September 11, 2024, for the consideration of the special use application; and WHEREAS, the Planning and Zoning Commission reviewed the standards set forth in Section 10-8-5D of the UDO; and WHEREAS, upon conclusion of said public hearing, the Planning and Zoning Commission made findings of fact and recommendation to the Corporate Authorities the approval with conditions for the special use for the Subject Property for a solar farm with freestanding solar energy systems; and WHEREAS, an objection to the requested relief was filed by the owner of 20% or more of the frontage immediately adjoining the property at issue, pursuant to Section 10-8-5 of the UDO and Section 11-13-14 of the Illinois Municipal Code, and therefore a two-thirds affirmative vote of the City Council is required to grant the requested relief; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Ordinance No. 2024-____ Page 3 Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That the Corporate Authorities hereby approve the special use for the Subject Property, legally described as: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 Ordinance No. 2024-____ Page 4 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, Ordinance No. 2024-____ Page 5 HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 Ordinance No. 2024-____ Page 6 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, Ordinance No. 2024-____ Page 7 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF Ordinance No. 2024-____ Page 8 THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE Ordinance No. 2024-____ Page 9 BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE Ordinance No. 2024-____ Page 10 NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, Ordinance No. 2024-____ Page 11 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE Ordinance No. 2024-____ Page 12 NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE Ordinance No. 2024-____ Page 13 SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF Ordinance No. 2024-____ Page 14 TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION Ordinance No. 2024-____ Page 15 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH Ordinance No. 2024-____ Page 16 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE Ordinance No. 2024-____ Page 17 ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• with Property Index Numbers 02-05-400-005 and 02-08-200-03 or use as a solar farm with freestanding solar energy systems. Section 3. That the special use granted herein shall be constructed, operated, and maintained in accordance with the following plans, diagrams and conditions: A. One paved parking pad for off-street parking on the site. B. A blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. C. Approval of the City Public Works Director and City Engineer on the road composition. D. A performance guarantee in an amount of $1,741,254 as recommended by the City Engineer, attached hereto and made a part hereof as Exhibit A. E. Utilization of a modified Type D transition zone at a minimum of the eastern border facing Route 47. F. Compliance with work items listed in the review letters prepared by Engineering Enterprises, Inc. (EEI) dated October 19, 2023 revised July 10, 2024 and August 27, 2024, attached hereto and made a part hereof as Exhibit B. G. The developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. Ordinance No. 2024-____ Page 18 H. Substantial conformance with Special Use Application Plans prepared by Atwell, LLC and submitted by Nexamp, last revised and dated 08-15-2024, attached hereto and made a part hereof as Exhibit C. Section 4. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK Exhibit A Exhibit B © 2024 Microsoft Corporation © 2023 TomTom DUPAGE COOKDEKALB KANE GRUNDYLASALLE WILL KENDALL DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-000COVER SHEETILLINOIS KENDALL COUNTY NOT TO SCALE YORKVILLE RENEWABLES A 4.95MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY GALENA ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, BRISTOL TOWNSHIP, ILLINOIS FINAL SITE PLANS GOVERNING AGENCIES CONTACTS APPLICANT YORKVILLE RENEWABLES, LLC 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH CONSULTANT NEXAMP, INC. 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH E: MWALSH@NEXAMP.COM CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 E. DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (303) 825-7100 E: MKEITH@ATWELL-GROUP.COM CONTACT: MICHAEL KEITH, P.E. PLANNING - ZONING - LANDSCAPE - SIGNAGE JASON ENGBERG YORKVILLE PLANNING & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8555 E: JENGBERG@YORKVILLE.IL.US ENGINEERING BRADLEY SANDERSON YORKVILLE ENGINEER 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 466-6720 E: BSANDERSON@EEIWEB.COM BUILDING PETE RATOS YORKVILLE BUILDING SAFETY & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8549 E: PRATOS@YORKVILLE.IL.US SITE SITE VICINITY MAP NOT TO SCALE 9-1-1 ADDRESS TBD SHEET INDEX C-000 COVER SHEET C-001 LEGAL DESCRIPTION C-100 EXISTING CONDITIONS PLAN C-200 SOIL EROSION AND SEDIMENTATION CONTROL PLAN C-201 SOIL EROSION AND SEDIMENATION CONTROL NOTES AND DETAILS C-300 SITE LAYOUT PLAN C-400 GRADING AND STORMWATER PLAN C-401 GRADING PLAN - ACCESS ROAD C-500 LANDSCAPE PLAN C-501 DETAILED LANDSCAPE PLAN C-600 STANDARD DETAILS C-601 STANDARD DETAILS MICH A E L BRIAN K EI THExhibit C DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-001LEGAL DESCRIPTIONLEGAL DESCRIPTION Δ Δ Δ Δ Δ Δ DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-100EXISTING CONDITIONS PLAN C-200SOIL EROSION ANDSEDIMENTATION CONTROLPLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-201SOIL EROSION ANDSEDIMENATION CONTROLNOTES AND DETAILS· · · · · · ’ SITE DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-300SITE LAYOUT PLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-400GRADING AND STORMWATERPLAN· · · C-401GRADING PLAN - ACCESS ROADDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-500LANDSCAPE PLAN· · · · · · · · · DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-501DETAILED LANDSCAPE PLAN C-600STANDARD DETAILSDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. IN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD, Galena Road Yorkville, IL 60512 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. “” “ ” C-601STANDARD DETAILS Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, GRANTING A PROPERTY LINE SETBACK VARIANCE FOR CERTAIN TERRITORY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GALENA ROAD AND ROUTE 47 WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly organized and validly existing non-home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, pursuant to the Illinois Municipal Code (65 ILCS 5/11-13-5) the Mayor and City Council of the City (the “Corporate Authorities”) may provide for and allow variances to provide relief when strict compliance with the requirements of the City of Yorkville Unified Development Ordinance (the “UDO”) presents a particular hardship; and WHEREAS, Nexamp d/b/a Yorkville Renewables, LLC, an Illinois limited liability company (the “Applicant”), requested relief from Section 10-4-13 of the UDO requiring the yard setbacks for solar farm equipment to be 100 feet from the property line; and WHEREAS, notice of a public hearing on said application was published and pursuant to said notice the Planning and Zoning Commission of the City conducted a public hearing on September 11, 2024, on said application in accordance with the State statutes and the ordinances of the City; and WHEREAS, the Planning and Zoning Commission made the required written Findings of Fact finding that the variation met the standards in Section 10-8-9C of the UDO and recommended that the variance be granted; and WHEREAS, an objection to the requested relief was filed by the owner of 20% or more of the frontage immediately adjoining the property at issue, pursuant to Section 10-8-5 of the UDO Ordinance No. 2024-____ Page 2 and Section 11-13-14 of the Illinois Municipal Code, and therefore a two-thirds affirmative vote of the City Council is required to grant the requested relief; and WHEREAS, the Corporate Authorities of the City of Yorkville have received and considered the recommendation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The above recitals are incorporated herein and made a part of this Ordinance. Section 2. That this Ordinance shall apply to the Subject Property legally described as: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635-114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID Ordinance No. 2024-____ Page 3 WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, Ordinance No. 2024-____ Page 4 THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); Ordinance No. 2024-____ Page 5 THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 Ordinance No. 2024-____ Page 6 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: Ordinance No. 2024-____ Page 7 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 Ordinance No. 2024-____ Page 8 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE Ordinance No. 2024-____ Page 9 FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, Ordinance No. 2024-____ Page 10 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN Ordinance No. 2024-____ Page 11 DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" Ordinance No. 2024-____ Page 12 EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO Ordinance No. 2024-____ Page 13 THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF Ordinance No. 2024-____ Page 14 THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 Ordinance No. 2024-____ Page 15 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF Ordinance No. 2024-____ Page 16 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• with Property Index Numbers 02-05-400-005 and 02-08-200-03. Section 3. That a variation pursuant to Section 10-4-13 of the Zoning Ordinance to permit solar farm equipment less than a minimum distance of 100 feet from the property line and to allow a solar equipment setback of 50 feet from the north and south property lines on the Subject Property is hereby granted. Section 4. That the variation approved through this Ordinance is contingent upon the approval of a special use permit for the Subject Property for use as a solar farm with freestanding solar energy systems, and should such special use permit be denied, the variation contemplated in this Ordinance shall not be granted. Ordinance No. 2024-____ Page 17 Section 5. That the solar equipment shall be constructed, operated, and maintained in accordance with the requirements of the Yorkville City Code and generally located as shown on the attached plat of survey provided by the Applicant and made a part hereof as Exhibit A. Section 6. That this Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR Attest: ______________________________ CITY CLERK © 2024 Microsoft Corporation © 2023 TomTom DUPAGE COOKDEKALB KANE GRUNDYLASALLE WILL KENDALL DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-000COVER SHEETILLINOIS KENDALL COUNTY NOT TO SCALE YORKVILLE RENEWABLES A 4.95MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY GALENA ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, BRISTOL TOWNSHIP, ILLINOIS FINAL SITE PLANS GOVERNING AGENCIES CONTACTS APPLICANT YORKVILLE RENEWABLES, LLC 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH CONSULTANT NEXAMP, INC. 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH E: MWALSH@NEXAMP.COM CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 E. DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (303) 825-7100 E: MKEITH@ATWELL-GROUP.COM CONTACT: MICHAEL KEITH, P.E. PLANNING - ZONING - LANDSCAPE - SIGNAGE JASON ENGBERG YORKVILLE PLANNING & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8555 E: JENGBERG@YORKVILLE.IL.US ENGINEERING BRADLEY SANDERSON YORKVILLE ENGINEER 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 466-6720 E: BSANDERSON@EEIWEB.COM BUILDING PETE RATOS YORKVILLE BUILDING SAFETY & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T: (630) 553-8549 E: PRATOS@YORKVILLE.IL.US SITE SITE VICINITY MAP NOT TO SCALE 9-1-1 ADDRESS TBD SHEET INDEX C-000 COVER SHEET C-001 LEGAL DESCRIPTION C-100 EXISTING CONDITIONS PLAN C-200 SOIL EROSION AND SEDIMENTATION CONTROL PLAN C-201 SOIL EROSION AND SEDIMENATION CONTROL NOTES AND DETAILS C-300 SITE LAYOUT PLAN C-400 GRADING AND STORMWATER PLAN C-401 GRADING PLAN - ACCESS ROAD C-500 LANDSCAPE PLAN C-501 DETAILED LANDSCAPE PLAN C-600 STANDARD DETAILS C-601 STANDARD DETAILS MICH A E L BRIAN K EI THExhibit A DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-001LEGAL DESCRIPTIONLEGAL DESCRIPTION Δ Δ Δ Δ Δ Δ DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-100EXISTING CONDITIONS PLAN C-200SOIL EROSION ANDSEDIMENTATION CONTROLPLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-201SOIL EROSION ANDSEDIMENATION CONTROLNOTES AND DETAILS· · · · · · ’ SITE DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-300SITE LAYOUT PLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-400GRADING AND STORMWATERPLAN· · · C-401GRADING PLAN - ACCESS ROADDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-500LANDSCAPE PLAN· · · · · · · · · DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-501DETAILED LANDSCAPE PLAN C-600STANDARD DETAILSDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. IN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD, Galena Road Yorkville, IL 60512 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. “” “ ” C-601STANDARD DETAILS 1 PROJECT SUMMARY: The applicant, Daniel Kramer on behalf of Nexamp dba Yorkville Renewables, LLC, contract leasee, is requesting rezoning, special use, and variance permit approval to construct a 5-megawatt (MW) freestanding community solar facility. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD) in parcels (#02-05-400-005 and #02-08-200-030). The property is currently utilized for farming and the owners of the real property are Daniel A and Charene S Nagal. The petitioner is also requesting to rezone the parcel from the current R-2 Single-Family Traditional Residence District to the A-1 Agricultural District. Lastly, the petitioner is requesting a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum rear and interior side yard setbacks from fifty (50) feet to eight (8) feet. Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I CC: Bart Olson, City Administrator Krysti Barksdale-Noble, Community Development Director Date: September 4, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm (Rezone, Special Use, and Variance) Packet materials from 9/11/24 PZC meeting to follow 2 PROPERTY BACKGROUND: The parcel is within a formally existing Planned Unit Development (PUD) known as the East Village of Westbury. A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance 2024-05). The underlying zoning of the property remained R-2 Single-Family Traditional Residence District. REZONING REQUEST: As previously stated, the subject parcel is currently zoned R-2, and the petitioner is requesting to rezone the property to A-1 Agricultural District for the purpose of constructing a solar farm. Per Table 10-3-12(B) Permitted and Special Uses of the City’s Unified Development Ordinance, solar farms are a special use in the A-1 Agricultural District. Therefore, the petitioner is seeking rezoning within the A-1 Agricultural District. This zoning classification would permit the continued farm use on the remainder of the land. Section 10-8-12.B.1 of the Unified Development Ordinance also states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided responses to the established standards for each of the criteria provided in the application. The subject property consists of two (2) parcels (#02-05-400-005 and #02-08-200-030). The following are the current immediate surrounding zoning and land uses: 3 Zoning Land Use North Westhaven Planned Unit Development (R-2, R-3) Agriculture South Former Westbury East Village (R-2) Agriculture East IL Route 47 B-3 General Business District Transportation Land Use O’Keefe Property/Gas Station/Raging Waves Waterpark West A1-Special Use (Unincorporated Kendall County) Compost Facility/Agriculture SPECIAL USE REQUEST: Simultaneously with the rezoning request, the applicant is also seeking special use authorization. Section 10-8-5D.1 of the Unified Development Ordinance states specific standards for special use requests which all recommendation bodies will review and will be entered into the public record as part of the public hearing process. The petitioner has provided answers to each of the criteria in the application to these standards. Below is a summary of the various components of the proposed 23-acre solar farm development. VARIANCE REQUEST: Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required for solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (East) 100 feet 1,000 feet Interior Side (North) 100 feet 8 feet Side Yard (South) 50 feet from nonresidential/100 feet from residential 8 feet Rear (West) 50 feet from nonresidential/100 feet from residential 8 feet Section 10-8-9C.1 of the Unified Development Ordinance states specific standards for variance requests which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application to these standards. Solar Setbacks The location of the solar panels meets the front (east) yard setback for the Solar Farm use in the A-1 Agricultural District. However, the solar panels appear to encroach into the required rear and interior side yards to the south, west, and north. As stated in Section 10-4-13B.8.b of the City’s Unified Development Ordinance, the minimum distances required for the rear and interior side yard to the south, west, and north is 50 feet. As previously stated, the petitioner has filed a variance request to maintain 8 feet from the interior and rear yard setbacks. The original petition, submitted before the adoption of the Unified Development Ordinance, had already undergone a previous Plan Council meeting and, at that time, met the standards of the previous zoning ordinance regarding setbacks. The petitioner is now requesting to retain these original standards. Buffer Distances Section 10-4-13B.8.c and of the City’s Unified Development Ordinance provides specific buffer information for solar farms, roadway networks, and the Fox River. The location of the proposed solar panels meets the buffer area of one thousand (1,000) feet from the nearest solar array to roadway networks and 4 exceeds the one thousand (1,000) foot setback from the nearest solar array to the edge of the bank of the Fox River. PROPOSED EQUIPMENT The proposed community solar farm will consist of 11,712 arrays. The petitioner has stated in a Response Letter, dated June 24, 2024, the total number of tracker motors is estimated between 10 to 176, depending on the final design of the system. The petitioner has stated the operations phase of the lease is for 20 years with several extensions that could extend the operations phase of the project to over 40 years. ALTERNATIVE ENERGY SYSTEMS REGULATIONS: Section 10-4-13: Alternative Energy Use Standards of the City’s Unified Development Ordinance establishes zoning parameters and regulations by which solar and wind systems may be installed in the city, which were used in the review of this request. The following describes how the proposed plan meets the regulations for Solar Farm: Minimum Lot Size Sections 10-4-13B.1 of the Unified Development Ordinance states no solar farms shall be erected on any lot less than three (3) acres in size. In a Response Letter, June 13, 2024, the petitioner has stated the project intends to develop on approximately 23 acres of overall parcel. Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty (80) percent of a given parcel in this district. As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Height/Clearance The maximum structure height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4- 13B.6 in the Unified Development Ordinance. The petitioner has submitted an updated exhibit (Sheet C-600 D Standard Details) illustrating a maximum solar array height as approximately 20 feet at maximum tilt. Additionally, the petitioner’s exhibit (Sheet C-600 D Standard Details) indicates a minimum solar array clearance of two (2) feet. Accessory Use Section 10-4-13-A.2 of the City’s Unified Development Ordinance states solar and wind farms shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. The proposed solar farm will be accessory to the existing agricultural/farming land use, as only portion of the overall land is proposed for the community solar farm use (approx. 23.0 acres of 73.5 acres or ~31%). Distance from Residential Properties. In addition to meeting the required minimum setbacks, the closest array/module of the proposed solar farm will be ~1,297.8 feet from the nearest residential parcels to the north along Galena Road. 5 Glare Section 10-4-13B.13 of the Unified Development Ordinance states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. Additionally, the petitioner’s exhibit (Rendering, dated June 13, 2024) displays viewshed from angles around the solar farm that illustrate how far away the panels will be from the public- right-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north. Fencing The petitioner has proposed an eight (8) foot tall, galvanized chain link fence with slats to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate, as illustrated below. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, Fence Regulations for Solar Farms, states that systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. Petitioner’s exhibit (Sheet C-600 C Standard Details) indicates the Knox-Box location on the fence that has been added to the Gate Detail for the City’s Building Department and Bristol Kendall Fire District (BKFD) in the event of an emergency. Noise Per the petitioner’s project summary, the transformer is the greatest source of noise on the property. Per the petitioner’s exhibit (Sheet C-300 C Site Plan Layout), the transformer is over 1,443.2 feet to the nearest residence located to the north on Galena Road. Signage Per Section 10-4-13B.9.a(1) and (2) of the City’s Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. Additionally, the signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall be displayed. The petitioner has submitted an updated exhibit (Sheet C-600 D Standard Details) that includes the emergency contact information, the dimensions of the emergency contact sign, and the sign’s location on the solar farm’s fence. 6 Utilities and Electric Service Provider Per Section 10-4-13B.4 of the Unified Development Ordinance, power and communication lines running in between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 6-8) for a wire connection near IL Route 47. Section 10-4-13-B.4.a of the Unified Development Ordinance states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. Section 10-4- 13-B.5 of the City’s Unified Development Ordinance states off-street parking provided on site shall be paved. Staff recommends the petitioner have one paved parking pad for off-street parking. Gravel roads are not permitted for vehicle travel. The petitioner’s exhibit (C-401 Grading Plan – Access Road) provides a gravel access road pavement section for review and consideration. The petitioner is proposing an 18-inch gravel compacted subgrade, which is consistent with other approved solar developments. Staff defers to the City Public Works Director and City Engineer before final approval on the road composition. Landscape Plan While landscaping is not required for solar farm uses, the petitioner’s landscape plan includes a mix of a few evergreen trees and mostly shrubs along the north and south borders of the area containing the solar panels. The City’s landscaping consultant has reviewed the proposed landscaping plan and concluded that while the mix of plantings does provide some screening, it does not meet the requirements of any transition zone described in the Unified Development Ordinance. Instead, the consultant recommends a modified Type D transition zone consisting of 5 native shade trees and 5 native understory trees per 100 linear feet. Existing native trees may be included toward this requirement if a tree survey documenting their presence and condition is submitted. The consultant also recommends native prairie grass and wildflower seeding in lieu of the 35 shrubs/native grasses per 100 linear feet. Additionally, the consultant has noted the requested transition zone plantings along Eldamain Road and Route 47 are not reflected in the plans. It is staff’s recommendation to utilize a modified Type D transition zone at a minimum of the eastern border facing Route 47. The applicant has stated in a Response Letter dated August 15, 2024, the modified transition zone D has been applied along the eastern fence line. We are supportive of the petitioner’s landscape buffer for the north and south due to the UDO regulation not requiring a landscape transition when agricultural land use is adjacent to residential land use. The petitioner has stated in their Response Letter that a maintenance plan will be provided with final construction drawings/permits. Abandoned Systems In the Unified Development Ordinance, Section 10-4-13-A.3 states all alternative energy systems inactive or inoperable for a period of 12 continuous months shall be deemed abandoned and the owner is required to repair or remove the system from the property at the owner’s expense within 90 days of notice from the City. To ensure compliance, the petitioner has provided an updated decommission plan narrative and 7 construction estimate of $1,209,203.99 at year 40 with a 3% annual inflation rate. A performance guarantee in an amount of $1,741,254 is recommended by the City Engineer. In addition to the security guarantee, staff also recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. The petitioner is aware of these conditions which will be a part of their special use authorization. ENGINEERING COMMENTS: Please refer to the attached comments prepared by Engineering Enterprises Inc. (EEI) dated August 27, 2024. Staff recommends the work items listed in the review letter will become conditions for the Special Use and a requirement for issuance of a building permit. POLICE COMMENTS: Per Police Department review of the submitted plans, staff recommends the developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. REZONING STANDARDS Section 10-8-12 Map Amendments establishes criteria for findings of fact related to rezoning (map amendment) requests. When the purpose and affect is to change the zoning of a property and amend the City’s Zoning Map, the Planning and Zoning Commission shall consider each of the following facts before rendering a decision on the request. The petitioner has provided answers to each of the criteria in the application these standards which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of the property values of plaintiff promotes the health, safety, morals, or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purpose. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the proposed use. 8. The care to which the community has undertaken to plan its land use development. Additional UDO standards: 1. The proposed Map Amendments consistent with the Comprehensive Plan and the purposes of the UDO. 2. The proposed Map Amendment is consistent with the existing and planned uses and zoning of the nearby properties. 3. The subject property is suitable for the purposes of the proposed district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by the adjacent parcels. 8 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested rezoning district as specified in Section 10-3-9(A). SPECIAL USE STANDARDS Section 10-8-5-D states specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed special use is not contrary to the objectives of the official comprehensive plan of the City as amended. VARIANCE STANDARDS: Section 10-8-9-C states specific standards for variations which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application which are included in the packet for your review and will be entered into the public record as part of the public hearing process. The standards are: 1. A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. 2. The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district. 3. The difficulty or hardship is not created by any person presently having an interest in the property. 4. The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. 7. The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood. 8. The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. 9 COMPREHENSIVE PLAN: The 2016 Comprehensive Plan designates the future land use for this property as Estate/Conservation Residential (ERC). The Estate/Conservation Residential (ERC) designation is generally intended for future neighborhood developments that promote flexibility in residential design, accommodates low density detached single family housing, and is sensitive to environmental and scenic features of the area and utilized this land designation as a “holding” classification for those areas, particularly on the outskirts or along the perimeter of the City’s corporate boundaries that lacked the public infrastructure to support development of the land within the 10-year timeline of the plan. While the proposed A-1 Agricultural District is not significantly different to the large lot/low density residential envisioned for the Estate/Conservation Residential future land use designation, an amendment to the Comprehensive Plan would be required if the rezoning is approved. STAFF RECOMMENDATIONS: Staff recommends the following conditions to the special use: 1. Staff recommends the petitioner have one paved parking pad for off-street parking. 2. Staff recommends a blanket easement over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code, as a condition of the Special Use approval. 3. Staff defers to the City Public Works Director and City Engineer before final approval on the road composition. 4. A performance guarantee in an amount of $1,741,254 is recommended by the City Engineer. 5. It is staff’s recommendation to utilize a modified Type D transition zone at a minimum of the eastern border facing Route 47. 6. Compliance with work items listed in the review letters prepared by Engineering Enterprises, Inc. (EEI) dated October 19, 2023 revised July 10, 2024 and August 27, 2024. 7. Staff recommends the developer clearly mark the location of the driveway access to alert drivers of the site entry and provide additional traffic management. PROPOSED MOTIONS: REZONING In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for rezoning from R-2 Single-Family Traditional Residence District to A-1 Agricultural District for the purpose of constructing a freestanding solar energy system, or solar farm, located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to {insert any additional conditions of the Planning and Zoning Commission}… SPECIAL USE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council a request for Special Use authorization to construct a freestanding solar energy system, or solar farm, as depicted in plans prepared by Atwell and submitted by Nexamp dated last revised 8/15/24 for approximately 23 acres located immediately south of IL Route 47 (N Bridge Street) and west of Galena Road, subject to staff recommendations in a memo dated September 4, 2024 and further subject to… {insert any additional conditions of the Planning and Zoning Commission}… 10 VARIANCE In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussion of the findings of fact, the Planning and Zoning Commission recommends approval to the City Council for a request for bulk regulation variance to Section 10-4-13.B.8.b of the Unified Development Ordinance, reducing the north, west, and south property lines setback from 50 feet to 8 feet, subject to… {insert any additional conditions of the Planning and Zoning Commission}… ATTACHMENTS: 1) Property Aerial dated 03/13/22, as prepared by Nexamp 2) Legal Description dated August 15, 2022, as prepared by Atwell Group 3) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 4) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 5) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 6) Manufactures Cut Sheets, as submitted by Nexamp 7) Interconnection Agreement with ComEd 8) Application for Rezoning, as prepared by Yorkville Renewables, LLC 9) Application for Special Use, as prepared by Yorkville Renewables, LLC 10) List of Property Owners within 500 feet of subject parcel 11) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 12) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 13) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 14) Rendering, dated June 13, 2024 15) Plan Council Packet (07-25-2024) 16) Public Hearing Notices 17) Response Letter to EEI, dated August 15, 2024 18) Final Site Plans, dated August 15, 2024 19) Truck Turn Analysis Construction/Delivery Traffic, dated August 15, 2024 20) Stormwater/Drainage Memorandum, dated August 16, 2024 21) Culvert Computations, dated August 16, 2024 22) Engineer’s Opinion of Probable Decommissioning Cost for Yorkville Solar, dated August 15, 2024 23) EEI Comments, dated October 19, 2023 24) EEI Comments, dated July 10, 2024 25) EEI Comments, dated August 27, 2024 26) Conditional Use Permit Narrative, dated June 14, 2024 27) Kendall County Highway Department Access Approval Email, dated November 9, 2022 101 N Wacker Drive, Suite 200,Chicago, IL 60606 617.431.1440 |www.nexamp.com Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 651 Prairie Pointe Drive Yorkville,IL,60560 Yorkville Renewables, LLC Proposed Ground-Mounted Solar Farm Address:Near SWC of Galena Road and IL Route 47 PIN:02-08-200-030 RE: Response Letter We offer the following information in response to the comments provided by the City of Yorkville Engineer and Landscape consultants. Responses are in bold font. City Staff Comments: Zoning The subject property is currently located in within an existing Planned Unit Development (PUD) with underling zoning of R-2,R-4, and B-3. The following are the current immediate surrounding zoning and land uses: June 13, 2024 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com The proposed community solar farm will consist of approximately 11,712 arrays, per the project narrative. However, the Conceptual Layout (Sheet PV-101 A) prepared by Nexamp, dated October 13, 2021 states the number of arrays 13,234. Petitioner must verify the accurate number of arrays proposed.Nexamp Response:Sheet PV-101A should be removed from the application. That sheet has since be replace with the Civil Plans dated 6/11/2024 and attached hereto. The system appears to include two (2) inverters and one (1) transformer. Please verify and the total number of proposed tracker motors.Nexamp Responses: The total number of tracker motors is estimated between 10 and 176, depending on the final design of the system. The petitioner must provide the total amount of time proposed for the lease of the property to operate the proposed community solar farm. This includes any options to extend the lease term.Nexamp Responses, the Operations Phase of the Lease is for 20 years with several extensions that could extend the Operations Phase of the project to 40 years. Location on Site Table 10.07.01 of Chapter 7 in the City’s Zoning Ordinance provides dimensions and bulk regulations for the A-1 Agricultural District. The following compares the yard setbacks required for the A-1 Agricultural District and the proposed solar farm use: The location of the solar panels meets the front (east), side (south), and rear (west) yard setbacks for the A-1 District. However, it is undetermined if the solar panels encroach into the required interior side yard to the north.Nexamp Response: Solar Panels are setback a minimum 8 feet from the north property line.A variance is being requested to maintain 8 feet side and rear setbacks to the perimeter fence. Section 10-19-7-B of the zoning ordinance states that all parts of any freestanding solar energy system shall be set back 8 feet from interior side and rear property lines. Nexamp Response: Noted Staff has identified the north property line (parallel to Galena Road) as a side property line since there are intervening parcels between the property line of the subject property and Galena Road. The north property line adjacent to the proposed solar farm is not 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com considered a front yard due to Section 10-2-3: Definitions of the United City of Yorkville’s Zoning ordinance which establishes the lot line which abuts a street shall be the front lot line.Nexamp Response: Noted. Note: Page 2 of the Project Narrative dated March 9, 2022 references “County setback requirements”. This should be revised and resubmitted with correct City regulation references.Nexamp Response: Project narrative has been revised. The Site Plan should be revised to reflect the accurate distances from the property lines to the proposed solar panels and/or fence line.Nexamp Response: The Site Plan has been updated to included the accurate distance from property lines. The Site Plan should also indicate the distance of the proposed solar farm and/or the fence line to the nearest residential parcels to the north along Galena Road. o It is noted within the project narrative there is a reference to the proposed solar system being over 1,000 feet from the nearest residential structure.Nexamp Response: Dimensions to the nearest residential structures has been added to the plans. Height The maximum structure height in the A-1 Agricultural District is eighty (80) feet. Additionally, as stated in Section 10-19-7-D of the City’s Zoning Ordinance, the minimum clearance between the lowest point of the system and the surface which the system is mounted is ten (10) feet. Section 10-19-7-F states the maximum height will be stipulated as a special use condition. The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a maximum solar array height as approx. 20 feet at maximum tilt.Nexamp Response: Confirmed. The petitioner’s exhibit (Sheet C-06 A Standard Details) appears to indicate a minimum solar array clearance as 2 feet.Nexamp Response: Confirmed. A variance will be required for the minimum clearance requirements.Nexamp Response: Noted. Glare/Lighting Section 10-19-7-E states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlight throughout the day. The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis.Nexamp Response: Confirmed. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com Staff requests the petitioner provides a viewshed from angles around the solar farm which illustrate how far away the panels will be from the public rights-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north.Nexamp Response: Please see the attached renderings. Are motion-sensor security lights proposed to be provided at the transformer area? If so, details are requested.Nexamp Response: There will be no lighting on the project. Noise The transformer is the greatest source of noise on the property. Please verify the distance of the transformer to the nearest residences located to the north on Galena Road.Nexamp Response: Dimensions have been added to the plans. Fencing The petitioner has proposed an eight (8) foot tall, fixed knot farm fence to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate. As stated in Section 10-17-2-G, Fence Regulations for Industrial Districts of the Zoning Ordinance, states that a fence may be a maximum of eight (8) feet in height. This section of the code also states that chain link is a permitted material. Staff recommends an 8’ tall, galvanized chain link fence with slats.Nexamp Response: The fence detail on sheet C-300 has been revised to reflect this recommendation. A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD).Nexamp Response:A note indicating the Knox-Box location on the fence has been added to the Gate Detail on sheet C-600 Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits.Nexamp Response: Agreed Gravel roads are not permitted for vehicle travel. o Petitioner must provide details regarding the proposed material for the access road. Staff defers to the City Public Works Director and City Engineer for comment on the road composition.Nexamp Response:a gravel access road pavement section has been provided on the plans for review/consideration. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com Decommissioning The petitioner has provided a decommission plan. In addition to the decommissioning plan narrative, a construction estimate for the life of the lease must be provided with a 3% annual inflation rate which must be reviewed and approved by the City Engineer.Nexamp Response: A draft decommissioning estimate has been added. We recommend the decommissioning estimate be finalized with the Final Engineer Plans. Accessory Use Section 10-19-4-D states alternative energy systems shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland.Nexamp Response: Agreed Signage Section 10-19-4-F states that no commercial signage or attention getting device is permitted on any alternative energy system. The submitted plans do not indicate any signage will be located on the solar farm or the surrounding fence. Per Section 10-19-4-F states one (1) sign shall be permitted to indicate emergency contact information of the property owner or operator not to exceed two (2) square feet in area.Nexamp Response: The Emergency Contact Sign has been added to Sheet C-300. There will be several small danger signs a located on the fence on all sides of the fence as shown on Sheet C-300 as required by the National Electric Code. Landscaping Defer to Engineering Comments related to landscaping.Nexamp Response: See response in the Landscape comment section. Utilities The proposed community solar farm will not require public utilities such as water or sanitary sewer. The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com series of overhead poles (approx. 6-8) for a wire connection near IL Route 47.Nexamp Response: Agreed. Utility Service Provider Section 10-19-4-G states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Special Use Standards Section 10-19-4-C and 10-4-9-F state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards.Nexamp Response: Agreed Blanket Easement A blanket easement for City access to the solar field will be required in the event the project is abandoned and requires decommissioning by the City.Nexamp Response: Noted. Economic Development Committee Comments The City’s Economic Development Committee will provide direction at their November 7, 2023 meeting to staff regarding the acceptable location of solar fam developments within Yorkville. Staff will provide that feedback to the petitioner during the Plan Council meeting on November 9th.Nexamp Response: As discussed at the November 7, 2023 meeting –the nearest solar plan is over 1,400 feet from Galena Road right-of-way and over 1,000 feet from Route 47 right-of-way, the remaindered of site is preserved for future development. Yorkville Police Department Comments: Roadway Concerns as listed below: 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com • Location of the driveway(s) into Yorkville Renewables The driveway location is existing and has been approved by the Kendall County DOT. This driveway location is complemented by pervious land use approvals. • Driveway(s) clearly marked with signage in both directions Warning sign has been added to the plans near the driveway entrance. • Distance from driveway(s) on Galena Road to the intersection of Rt. 47 would be concerning due to vehicle speeds on Galena Road The proposed facility will generate little traffic during the operation of the facility. There is anticipated to be 20 site visits with maintenance personnel per year. Ingress/Egress Are warning signs for cross traffic requested:Warning sign has been added to the plans near the driveway entrance. Emergency Contact for after hours construction: Information needed Will Police have access (through gated development) in case of emergency?Yes, there will be a knox box located near the entry gate for emergency response personnel. Security Will there be security cameras used on site?There will be a camera on site. If you will have camera access on site would the police department have remote access into the system for emergency purposes only?The camera will be closed circuit but upon request, Nexamp Operations Center can relay visual information from the camera to emergency personnel. Will the gate be alarmed?Nexamp Response:The gate will not be alarmed but will be locked when Company personnel are not on-site. A knox-box will be located near the gate in case emergency personnel need to access the project area. City Engineer Comments (EEI): 1. The following Permits may be required during final engineering and should be provided to the City of Yorkville when obtained. The City and EEI should be copied on all correspondence with agencies. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com IEPA NPDES General Construction Permit is Required. The Notice of Intent must be filed with IEPA 30 days prior to start of construction.Nexamp Response: A copy of the NOI will be provided to the City of Yorkville with the Final Engineering Plan submittal. Stormwater permit application in accordance with the Yorkville Storm Water Management Ordinance (Kendall Countywide Ordinance)Nexamp Response: The project will comply with the Storm Water Management Ordinance including an application for Stormwater Permit. Kendall County for access to Galena Road.Nexamp Response: See attached access agreement. 2.Since the project is non-residential development on more than 3 acres it must meet the stormwater detention requirements per the Stormwater Ordinance. Nexamp Response:Detention basins have been provided to the maximum extent possible and will achieve the required detention. 3.There is a floodplain on the property associated with Rob Roy Creek that was identified in the Interim Hydrologic &Hydraulic Analysis of Rob Roy Creek, 2005. The property will have a to be developed in accordance with the floodplain provisions of the City’s stormwater ordinance. The flood elevation is between 658 and 656. Please see the attached exhibit.Nexamp Response: The approximate location of the FEMA mapped floodway area has been added to the SUP Plans. The project does not intend to construct within the floodway but metal foundations and gravel access drive within the EEI mapped floodway.The project will comply with the floodplain requirements of the City’s stormwater ordinance. Also, the EEI mapped floodplain has been added to the plans. The equipment within the EEI mapped floodplain will be raised above the BFE. 4.Any impacts to the wetlands should be designed in accordance with the United City of Yorkville’s Wetland Protection Regulations.Nexamp Response:The plans have been revised to avoid impacts to the one isolated wetland the property. 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com 5.A field tile survey will be required.Nexamp Response: At the time of Final Engineering Plan, a tile survey and mitigation plan will be provided. 6.Perimeter easements will need to be provided. These easements should be a minimum of 20’ along Galena Road and Rt 47.Nexamp Response:The location of the proposed 20’ easements along Galena Road and Route 47 have been added to the SUP Plans.Easement documents will be drafted and executed during the Final Engineer Plan stage. 7.The decommissioning bond or letter of credit will need to be 120% of the approved estimate.Nexamp Response:At the time of Final Engineering Plans and after the decommissioning estimate is approved by City of Yorkville, decommissioning surety will be provided. 8.The comments in the attached review letter from the City’s landscaping consultant must be addressed and a revised landscaping plan submitted. Nexamp Response: See responses to the landscaping consultant comments. 9.The following will need to be submitted with the Final Engineering Plans: a.Additional information as shown in the provided checklist.Nexamp Response: At the time of Final Engineering Plans, the project will be comply with the checklist provided. b.Truck turning exhibits for delivery and emergency vehicles.Nexamp Response: At the time of Final Engineering Plans,truck turning exhibits will be provided. c.Photometric plan.Nexamp Response: There will be no lighting associated with this project. d.Decommissioning cost estimate.Nexamp Response: At the time of Final Engineering Plans,a Decommissioning estimate will be provided. City Landscape Consultant Comments (Hey and Associates): 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com 1.Parkway Landscaping: A minimum of one tree per 50 linear feet of frontage is required along Galena Road and Route 47.Nexamp Response: Attached Landscape Plan has been revised to show proposed parkway landscaping. 2.Perimeter Landscaping: The proposed development does not directly abut single-family residential property, so therefore perimeter landscaping requirements do not apply.Nexamp Response: Noted. 3.Parking Lot Landscaping:The proposed development does not include parking lots; therefore, parking lot landscaping requirements do not apply.Nexamp Response: Noted. 4.Lot landscaping:Lot landscaping requirements are not met.Nonresidential developments include 2 shade trees and 15 shrubs be provided for every 20,000 square feet of lot area. We understand trees and shrubs may not be desirable near the solar array, but the eastern half o the site appears vacant. Consider native plantings to enhance the Rob Roy Creek corridor, which would complement the proposed pollinator friendly solar array seed mix. Nexamp Response: Attached Landscape Plan has been revised to show lot landscaping to the maximum extent possible given most of the development area will require access to sun light.The project will not be located near the Rob Roy Creek. The intent is the Rob Roy Creek will not be impacted by the proposed solar project. Further improvements to Rob Roy Creek can be address with further development of the remaining property. Stormwater Storage Basin Landscaping: No stormwater storage basins were found; therefore, these requirements do not apply.Nexamp Response:Per the Engineering Review comments, stormwater basins have been added to the site plans. Per the landscape code, no basin landscaping is required as they are located outside of the front and side setbacks. 5.Tree Preservation: Tree Preservation standards apply to all development parcels greater than five acres; therefore, these requirements apply to this site. A review 200 W Monroe Street, Suite 620,Chicago, IL 60606 617.431.1440 |www.nexamp.com of Google Earth imagery reveals trees are present on the site, but that there may not be trees present on the portion of the site proposed for development. Nexamp Response: Agreed, there are no trees present within the development area of the site. 6.General Standards:The landscape plan indicates a “Native Pollinator Friendly Solar Array Seed Mix” will be installed but no details are provided. Plan should species (both botanic and common names) and seeding rate of mix. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds.Nexamp Response: A detailed seed mix has been added to the plans. Also, attached the maintenance plan. The plans should indicate what is proposed on the eastern half of the site that appears vacant.Nexamp Response: The remaining undeveloped property will remain in agricultural production until an application is made at a future date to develop the remaining property. PLAN COUNCIL AGENDA Thursday, July 25, 2024 9:00 a.m. City Hall Community Development 3rd Floor – East Conference Room Remote Access via Zoom 1. Minutes for approval: May 23, 2024 2. PZC 2024-01 Yorkville Renewables – Nexamp Solar – Rezoning, Special Use & Variance Adjournment United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 DRAFT Page 1 of 4 UNITED CITY OF YORKVILLE PLAN COUNCIL Community Development East Conference Room, 3rd floor 651 Prairie Pointe Drive, Yorkville, IL Thursday, May 23, 2024 9:00am IN ATTENDANCE: Krysti Barksdale Noble, City of Yorkville Community Development Director Sara Mendez, City of Yorkville Planner 1 Bart Olson, City Administrator (arr. 9:07am) Brad Sanderson, EEI/City Engineer Eric Dhuse, Public Works Director Pete Ratos, Building Code Official (arr. 9:02am) Lynn Dubajic Kellogg, City Consultant (arr. 9:08am) Pamela Whitfield, EEI Scott McCarty, BKFD Mike Torrence, BKFD Dave Riendeau, Manhard Consulting Doug Shannon, Gary R. Weber Associates Russ Whitaker, Rosanova & Whitaker Bradd Hout, Cyrus One Matt, D. R. Horton Nathan Sevener Ms. Noble called the meeting to order at 9:00am. 1. Minutes for approval: February 8, 2024 The minutes were approved as presented. All meeting participants introduced themselves and Ms. Noble explained the procedure for the meeting. 2. PZC 2024-14 Grande Reserve – Units 10 & 11 – Final Plat Background: Ms. Noble said this proposal is for Units 10a and 11a of Grande Reserve and consists of 22 acres with 158 new residential townhome lots. The parcel will be developed in phases and at full buildout will consist of 312 townhomes, 14 more than originally planned. The preliminary plans of final plats were pre-approved in April 2005 but never recorded and have expired. Regarding the concept plans, they are consistent with those previously approved and will be reviewed by the city for a number count as well as architecturally per the Comprehensive Plan. There had been an Economic Incentive Agreement in 2021 which reduced a portion of the unplanned development from duplex units to single family resulting in a reduction of 11 single family homes, so the increased 14 have not resulted in an imbalance. Page 2 of 4 Per the Comp Plan, the homeowners will be responsible for snowplowing in the cul-de-sacs. Staff will also require a declaration of CCR's. (Codes, Covenants and Restrictions). Also required are appearance standards and staff has now received color renderings and are reviewing. There is a credit system in the ordinance giving credit for certain architectural features which has been met and credit given. The plats do indicate the lots meet the building setbacks, but there are standards that dictate minimum building-to-building setbacks. The certificate block on units 10a and 11a should be revised to 'Planning and Zoning Commission' rather than 'Plan Commission'. Comments from Engineer Brad Sanderson are detailed in a letter in the agenda packet. Public Works and the Building Code Official had no comment at this time. Ms. Noble said the next step is the June 4th EDC meeting at which time she will have an updated memo and she asked for other updated material by May 31st. 3. PZC 2024-15 C-1 Yorkville (Cyrus One) – PUD & Preliminary PUD Plan Background: Ms. Noble said this plan is for 230 acres at Faxon and Eldamain. The site is proposed for a data center with 9 stand-alone buildings and 6 stormwater basins which would be built in phases over 10-20 years. It is zoned for this type of land use, however, the petitioner has asked for 13 proposed deviations from the M-2 general manufacturing standards. Per the UDO, there is a requested list of approved PUD standards to be met and at least one to qualify for a PUD. Staff thinks that standard #12, the regional utility improvement, would qualify. Other Comments: 1. The written responses were adequate. Ms. Noble noted that the requested deviation for future energy industrial use regulations is not in the UDO at this time. They are requesting a waiver for future standards being adopted which staff supports. 2. Regarding the preliminary PUD plan, the petitioner has 3 years (because it's a Special Use) to do a Final Plat without the preliminary plan expiring. 3. Mr. Hout said each building takes approximately 12-15 months to build and they hope to move dirt in 2025. 4. The building setbacks are met, but a deviation is requested from the internal building, for which Ms. Noble asked for clarification. They will request zero setbacks at this time until it is decided. Mr. Ratos added that they still must meet the fire and building codes. 5. Clarification is needed if total site coverage is 24% or 35%. The building height is OK. 6. Parking deviation is also being requested. Cyrus One did calculations on gross floor space, while it should be based on net floor space. Staff says there should be no less than 400 parking spots which is shared parking for all the buildings. A minimum of 10 electric vehicle charging stations is requested. Page 3 of 4 7. Off-street loading is OK. 8. There are 4 components for a landscape plan. The petitioner is asking for a blanket variance for landscape standards, but staff is not comfortable until the plan is received. The Comp Plan also calls for a rural character buffer along Eldamain. A specific plan is needed to grant the deviation. 9. Ms. Noble noted the deviation request for mechanical screening which staff supports. The city has engaged a sound engineer to determine where the mechanical units should be located and if more landscaping is needed or a different placement. 10. Mr. Sevener, sound engineer, said the Yorkville noise ordinance has a tonal penalty which may or may not apply to cooling equipment. Outdoor chillers can cause a high strong tonal component. Ms. Noble noted that the sound is measured on the receiving property, not on the site and different numbers apply on residential property vs. non-residential. 11. Mr. Whitaker asked how the city ordinance differs from the pollution control board standard? IBPC has a more extensive ordinance with limitations at different frequencies. 12. Fencing heights needs to be verified on the plan. The height will be 8 feet and it will be an ornamental black fence. It may be taller around the sub-station. 13. Appearance Standards: The Petitioner is asking for relief from a building recess. The city is asking for the recess on the sides abutting streets. The material meets the facade requirements and staff also requested some type of window feature to break up the long expanse. 14. Signage: No monument sign planned, but there will be signage 15. Address: The proposal will have single site address, but individual buildings will be clearly marked. 16. Photometric plan: This plan is needed. 17. Mr. Hout noted the main entrance was moved to Eldamain with a secondary access on Faxon. A third access on Beecher was removed. 18. There are a couple wetlands identified with no setbacks around them. The Army Corps will visit to ascertain wetlands setbacks and then the buffer can be determined. 19. Mike Torrence/BKFD comments: Developer needs to insure access around buildings, roads must bear weight of fire trucks and hydrants are needed. Hydrant locations will be included on the plans. 20. There was a discussion of the complete rebuild of Faxon and Beecher. Mr. Whitaker asked about reimbursement for half the road reconstruction, however, Mr. Olson said it is not in the agreement and city ordinance requires this. Timing of construction will be discussed and Mr. Olson said it could be done after construction. They also discussed easements and rights-of-way. Faxon would be the road primarily used for construction traffic. 21. Mr. Whitaker asked if the developer had to improve Beecher Rd. even though the project will have no access on Beecher per the revised plan. Mr. Olson replied yes. Bright Farms improved all the way Page 4 of 4 to their entrance and developments there are funding road improvements. 22. Police Comments: Ms. Noble said the PD asked if they will have access to the gate in the complex. The Police and Fire will both have access and there will be a Knox box and ability to open the gate which will have an alarm. The police also asked if they will have access to the security cameras for emergency purposes. Maps or floor plans will be available for emergencies. There will be on-site security. 23. Ms. Noble said the next steps are the June 4 EDC meeting and a June or July PZC meeting, depending on the project being a PUD agreement or development agreement. Mr. Hout said the focus should be on a PUD. Public Hearing notices and other deadlines were noted. An updated plan and narrative are needed by May 27th. Adjournment There was no further business and the meeting adjourned at 10:08am. Minutes respectfully transcribed by Marlys Young, Minute Taker I have reviewed the applications for Rezoning, Special Use, and Variance request dated June 13, 2024 as submitted by Daniel Kramer on behalf of Nexamp, Yorkville Renewables, LLC, petitioner. The following supplemental materials were included within the original applications including the newly submitted supplemental materials from June 13, 2024: 1) Project Narrative/System Design Summary dated March 9, 2022, as prepared by Nexamp 2) Property Aerial dated 03/13/22, as prepared by Nexamp 3) Legal Description dated August 15, 2022, as prepared by Atwell Group 4) ALTA Survey/NSPS Land Title Survey dated 11/23/2022, as prepared by 5) Special Use Application Plans dated 8/18/22, as prepared by Atwell Group and submitted by Nexamp 6) Glare Study dated Aug. 18, 2022, prepared by Forge Solar 7) Vegetation Management Plan for Solar Sites Utilizing Native Vegetation, as prepared by Natural Resource Services 8) Electrical Diagram dated 01/10/2021, as submitted by Nexamp 9) Manufactures Cut Sheets, as submitted by Nexamp 10) Interconnection Agreement with ComEd 11) Decommissioning Plan, as prepared by Nexamp 12) Application for Rezoning, as prepared by Yorkville Renewables, LLC 13) Application for Special Use, as prepared by Yorkville Renewables, LLC 14) List of Property Owners within 500 feet of subject parcel 15) Copy of Memorandum of Understanding Regarding the Repeal of the Planned Unit Development Agreement for the East Village of Westbury, as executed by Daniel A. and Charene S. Nagel. 16) Application for Variance, as prepared by 126612 Corneils Road Solar, LLC 17) Preliminary Decommissioning Cost Estimate for Yorkville Solar During First 5 Years of Operation, dated January 29, 2024 18) Yorkville Renewables, LLC Response Letter, dated June 13, 2024 19) Final Site Plans, dated June 11, 2024 20) Stormwater Memo, dated February 9, 2024 21) Conditional Use Permit Narrative, dated June 14, 2024 22) Rendering, dated June 13, 2024 23) Kendall County Highway Department Access Approval Email, dated November 9, 2022 The petitioner is seeking to construct a 5-megawatt (MW) alternating current (AC) freestanding community solar farm “garden”. The proposed 23-acre solar farm will be situated on approximately 73.5 acres of existing farmland parcel located near the southwest corner of Galena Road and Route 47 within the former East Westbury Village Planned Unit Development (PUD). The petitioner is also requesting to rezone the parcel from the current R2 Single-Family Traditional Residence District to A-1 Agricultural District zoning for a solar farm and will also require a variance to Section 10-4-13 of the City’s Unified Development Ordinance to decrease the minimum rear and interior side yard setbacks from one hundred (100) feet to eight (8) feet. Memorandum To: Plan Council From: Sara Mendez, Planner I Date: July 18, 2024 Subject: PZC 2024-01 Yorkville Renewables/Nexamp – Solar Farm Rezoning, Special Use, and Variance Based upon my review of the application documents and preliminary plans, I have compiled the following comments (requests to the petitioner are underlined): WESTBURY PUD AGREEMENT COMMENTS: 1. The parcel is within a formally existing Planned Unit Development (PUD) known as East Village of Westbury. 2. A Memorandum of Understanding with the successor property owners of the East Village of Westbury development was executed to repeal the land plan and obligations of the PUD on May 28, 2024 (Ordinance No. 2024-05). 3. The underlying zoning of the property will remain R-2 Single-Family Traditional Residence District. REZONING COMMENTS: 1. Per Table 10-3-12(B) Permitted and Special Uses of the Unified Development Ordinance, solar farms are special uses in the A-1 Agricultural District. 2. Section 10-8-12B of the Unified Development Ordinance states specific standards for rezoning which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. VARIANCE COMMENTS 1. Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The petitioner is seeking a variance to decrease the minimum rear and interior side yard setbacks from one hundred (100) feet to eight (8) feet. 2. Section 10-8-9C.1 of the Unified Development Ordinance states specific standards for variance requests which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application to these standards. SPECIAL USE COMMENTS: Zoning The subject property consists of two (2) parcels (#02-05-400-005 and 02-08-200-030) which are currently zoned R-2. The following are the current immediate surrounding zoning and land uses: Zoning Land Use North Westhaven Planned Unit Development (R-2, R-3) Agriculture South Former Westbury East Village (R-2) Agriculture East IL Route 47 B-3 General Business District Transportation Land Use O’Keefe Property/Gas Station/Raging Waves Waterpark West A1-Special Use (Unincorporated Kendall County) Compost Facility/Agriculture • The proposed community solar farm will consist of approximately 11,712 arrays, per the Conditional Use Permit Narrative dated June 14, 2024. • In a Response Letter dated June 13, 2024, the petitioner has stated the total number of tracker motors is estimated between 10 to 176, depending on the final design of the system. • In a Response Letter dated June 13, 2024, the petitioner has stated the operations phase of the lease is for 20 years with several extensions that could extend the operations phase of the project to 40 years. • The Site Layout Plan (Exhibit C-300 C) should be updated to reflect the correct zoning of the property, R-2 Single-Family Traditional Residence District. Location on Site Section 10-4-13 Alternative Energy Use Standards in the City’s Unified Development Ordinance provides setback specifics for solar farm uses in the A-1 Agricultural District. The following compares the yard setbacks required for solar farm uses: Minimum Setback for Equipment to Property Line Proposed Setback Front (East) 100 feet 1,000 feet Interior Side (North) 100 feet 8 feet Side Yard (South) 50 feet from nonresidential/100 feet from residential 8 feet Rear (West) 50 feet from nonresidential/100 feet from residential 8 feet • The location of the solar panels meets the front (east) yard setback for the Solar Farm uses in the A-1 Agricultural District. However, the solar panels appear to encroach into the required rear and interior side yards to the south, west, and north. o The minimum distances required for the rear and west and for the side and south and north is 100 feet, excluding the fence. o The petitioner has filed a variance request to maintain 8 feet from the interior side and rear yard setbacks. • Section 10-4-13B.8.b of the Unified Development Ordinance states that all parts of any freestanding solar energy system shall be set back one hundred (100) feet from side and rear property lines. • Staff has identified the north property line (parallel to Galena Road) as a side property line since there are intervening parcels between the property line of the subject property and Galena Road. The north property line adjacent to the proposed solar farm is not considered a front yard due to Section 10-2-6: Frontage definition in the Unified Development Ordinance which establishes the lot line which abuts a street shall be the front lot line. • The Site Layout Plan (Exhibit C-300 C) should be revised to reflect the proposed interior side yard (north) setback. • The petitioner’s exhibit (C-300 C) indicates the distance of the proposed solar farm and/or the fence line to the nearest residential parcels to the north along Galena Road. • The location of the solar panels meets the buffer area of one thousand (1,000) feet from the nearest solar array to roadway networks, per petitioner’s Exhibit C-300 C. • The location of the solar panels exceeds the one thousand (1,000) foot setback from the nearest solar array to the edge of the bank of the Fox River. Minimum Lot Size Section 10-4-13B.1 of the Unified Development Ordinance states no solar farms shall be erected on any lot less than three (3) acres in size. • In a Response Letter dated June 13, 2024, the petitioner has stated the project intends to develop on approximately 23 acres of overall parcel Maximum Lot Coverage Section 10-4-13B.2 of the Unified Development Ordinance states a solar farm use may occupy up to eighty (80) percent of a given parcel in this district. • As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Height The maximum structure height for solar systems, equipment, and structures shall not exceed thirty feet (30’) in height when ground mounted, per Section 10-4-13B.6 in the Unified Development Ordinance. • The petitioner’s exhibit should be revised to display the height of the solar array. Glare/Lighting Section 10-4-13B.13 of the Unified Development Ordinance states solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways. The panels shall be placed to face east and rotate west to follow the path of the sun to collect the most sunlig ht throughout the day. • The petitioner has submitted a glare study and analysis which concludes that there was no potential for glint or glare identified by the analysis. • The petitioner’s exhibit (Rendering, dated June 13, 2024) displays viewshed from angles around the solar farm that illustrate how far away the panels will be from the public-right-of-way (IL Route 47 and Galena Road), as well as from the residential land uses to the north. Noise The transformer is the greatest source of noise on the property. • The petitioner’s exhibit (Sheet C-300 C Site Plan Layout) indicates the transformer is 1,443.2 feet to the nearest residence located to the north on Galena Road. Fencing The petitioner has proposed an eight (8) foot tall, galvanized chain link fence with slats to surround the ~4,600 linear foot perimeter of the solar farm with a 20-foot-wide vehicle access gate. As stated in Section 10-4-13B.9 of the Unified Development Ordinance, Fence Regulations for Solar Farms, states that systems, equipment, and structures shall be fully enclosed and secured by a fence or wall with a height of eight (8) feet. • A Knox box and keys shall be provided to the City’s building department and Bristol Kendall Fire District (BKFD). • Petitioner’s exhibit (Sheet C-600 C Standard Details) indicates the Knox-Box location on the fence that has been added to the Gate Detail Access Road The proposed site access is via a new 20-ft. wide gravel driveway proposed off Galena Road (1.380 acres). • The path provides access to the equipment, however, no formal parking stalls are provided, as no buildings, employees are planned on the site except for the occasional mowing or maintenance visits. • Section 10-4-13-B.5 of the City’s Unified Development Ordinance states off-street parking provided on site shall be paved. o Staff recommends the petitioner have a paved area for off-street parking. • Gravel roads are not permitted for vehicle travel. o The petitioner’s exhibit (C-401 Grading Plan – Access Road) provides a gravel access road pavement section for review and consideration. Staff defers to the City Public Works Director and City Engineer for comment on the road composition. Decommissioning Estimate/Plan The petitioner has provided a decommission plan. • Staff defers to City Engineer. Accessory Use Section 10-4-13-A.2 of the City’s Unified Development Ordinance states solar and wind farms shall be an accessory to the principal permitted use of a site. Therefore, the area and scale of the solar farm must be less than the primary agricultural land use. • As proposed, the solar farm will occupy approximately 31% (23-acres) of the overall existing 73.5 acres of existing farmland. Signage Per Section 10-4-13B.9.a(1) and (2) of the City’s Unified Development Ordinance, warning signs shall be provided at the entrance to the facility and along the perimeter of the solar farm. • Additionally, the signs shall be less than four (4) square feet and made with letters and numbers at least three (3) inches in height and shall include the 911 address and an emergency phone number of the operator which shall be answered twenty-four (24) hours a day by a live operator. A nonemergency phone number for the operator shall be displayed. • The emergency contact sign in petitioner’s exhibit C-600 C should be revised to provide the dimensions of the emergency contact sign. Landscaping • Defer to Engineering Comments related to landscaping. Utilities Per Section 10-4-13B.4 of the Unified Development Ordinance, power and communication lines running in between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. • The routing of the electrical infrastructure required to connect to the ComEd system includes electrical cables installed underground for the entire project with the exception of a series of overhead poles (approx. 6-8) for a wire connection near IL Route 47. Utility Service Provider Section 10-4-13-B.4.a of the Unified Development Ordinance states that evidence that the electric utility service provider that serves the proposed site has been notified of the owner’s intent to install an interconnected customer owned electricity generator. • The petitioner has provided a copy of an Interconnection Agreement, as prepared by ComEd dated 02/24/2022. Special Use Standards Section 10-8-5-D state specific standards for special use which all recommendation bodies will review. The petitioner has provided answers to each of the criteria in the application as well as providing an additional attachment to these standards. Easement Access Section 10-4-13-B.14 of the City’s Unified Development Ordinance states an easement, or other authorized means of access as determined by the City Attorney, shall be provided over the property to allow the City or its contractor to enter and remove the abandoned system in compliance with the City Code. 202400006174 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 06/04/2024 01:35 PM RECORDING FEE 57.00 PAGES: 6 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2024-25 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY Passed by the City Council of the United City of Yorkville,Kendall County, Illinois This 28'day of May, 2024 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville,Kendall County, Illinois on June 4,2024. Ordinance No.2024-25 AN ORDINANCE OF THE UNITED CITY OF YORKVILLE REPEALING A PLANNED UNIT DEVELOPMENT AGREEMENT FOR THE EAST VILLAGE OF WESTBURY WHEREAS,the United City of Yorkville,Kendall County,Illinois(the"City")is a duly organized and validly existing non-home rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and WHEREAS, Ocean Atlantic/PFG-Westbury, LLC, a Delaware limited liability company (the First Developer") acquired, annexed, rezoned and engineered an approved Planned Unit Development pursuant to an Amendment to Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement,as amended(the"Planned Unit Development Agreement")for the East Westbury Subdivision consisting of three hundred(300)acres(the"Acreage") located in the City; and WHEREAS,the First Developer was unable to proceed with the construction of the Planned Unit Development and lost control of and to all rights to the entire Acreage; and, WHEREAS,the loss of control and all rights resulted in the entire Acreage being currently owned by the eight (8) owners listed on Exhibit A attached hereto, each owner having remained in ownership or by having acquired that portion of the Acreage as identified by the parcel numbers listed with the owner's name(the"Current Owners"); and, WHEREAS, the Current Owners requested the City to repeal the approved Planned Unit Development Agreement for the Acreage with the exception of those labeled 4B-E,POD 5-E,POD 6-E and 7-E ("Phase I") further identified on Exhibit B attached hereto, which request the City was prepared to consider conditioned upon the written confirmation from each of the Current Owners of their acceptance of the terms and conditions hereinafter set forth,which confirmation has now been received. WHEREAS,on May 9,2006,there was recorded in the Office of the Recorder of Deeds of Kendall County, Illinois, Document No. 200600013759, entitled `Memorandum of Contract Regarding Obligation to Dedicate School/Park Site'. To the extent that the City and/ or the School District may be third party beneficiaries of any obligations, by the adoption of this Ordinance, all obligations, if any, reflected or referenced in said Memorandum, as therein contained, for School/Park Site dedication or cash in lieu thereof are waived and terminated. NOW, THEREFORE, Be It Ordained by the Mayor and City Council of the United City of Yorkville, Kendall County,Illinois as follows: Section 1. The foregoing Preambles are hereby made a part of and incorporated into this Ordinance as if fully restated and in this paragraph 1. Section 2. The City hereby repeals Ordinance No. 2004-36 adopted by the Mayor and City Council (the"Corporate Authorities") on September 9, 2004, as follows, subject to the satisfaction of the conditions set forth below: a.That the Acreage shall immediately be rezoned R-2 Single-Family Traditional Residence District, said R-2 District being its underlying zoning district for the Acreage; and, Ordinance No.2024-25 Page 2 b.With reference to Parcels Numbered 02-08-200-018 (2.91 acres) and 02- 06-400-012 (3.93 acres), owned by John Undesser and Cynthia Undesser, the classification of said parcels as R-2 Single Family Traditional Residence, shall not affect the current uses of the parcels (i.e. farming operations, hay, straw, grain storage, truck and trailers, repairs and maintenance, and recreational vehicles). The foregoing non-commercial uses of the property are acknowledged by the City to be, and shall remain as, Legal Non-Conforming Uses in the Zoning District. c.With reference to Parcel Number 02-05-400-013 (2.48 acres), owned by Ceja Victor E. and Marilex A. Toro, common address 10292 Galena Rd., the classification of said parcel as R-2 Single Family Traditional Residence shall not affect current uses of the parcel (i.e., indoor storage and auto repair and maintenance performed in the outbuilding). The foregoing non-commercial uses of the property are acknowledged by the City to be,and shall remain as,Legal Non-Conforming Uses in the Zoning District. d.That all obligations and conditions for development of the Acreage as set forth in the Planned Unit Development Agreement shall be deemed cancelled upon the repeal of Ordinance No. 2004-36 adopted by the Corporate Authorities on September 9, 2004, and Ordinance No. 2006-34 on April 25, 2006,with exception and exclusion of the area designated as Phase I.As part of this proposed ordinance repeal, Phase I will retain its current rights to build 85 units of Single Family, and 307 units of multi- plex/townhomes,both as marked on Exhibit B; and, e.That whenever development of the Acreage occurs, with the exception of Phase I, all development approvals shall be subject to all procedures required for approvals as of the time of development and all fees, land donations and assessments shall apply to the Acreage as are applicable to all developments within the R-2 zoning district. f.That the foregoing covenants and agreements are contingent upon (i) obtaining a written release within eighteen (18) months of execution of this ordinance from Yorkville's School District 115 of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance No. 2004-36 and adopted by the Corporate Authorities on September 9, 2004, ii)the Current Owner of Phase I identified as PIN 02-08-400-004 agrees to proceed with the development of residential units on 96.59 acres upon execution of a development agreement; and(ii)the Current Owner of the Phase I agrees to pay outstanding fees owed to the City in the amount of 418,952.50 for Rob Roy Storm Sewer Outfall installation and previously incurred engineering consultant fees in accordance with the terms and conditions negotiated between said Current Owner and the City from the proceeds of an initial closing to a home builder. g. The passage of this ordinance by the Corporate Authorities is confirmation of the City's release of the 18.1 acres dedicated as school/park site as stated in Paragraph 14 of Ordinance 2004-36 by the repeal of said Ordinance 2004-36 as hereinabove stated. Ordinance No.2024-25 Page 3 Section 3. That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 28th day of May,A.D. 2024. IT CLERK KEN KOCH ABSENT DAN TRANSIER AYE ARDEN JOE PLOCHER ABSENT CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 3I day of NA 9 A.D. 2024. MAYOR Ordinance No.2024-25 Page 4 CO 000 VI LU Y tO tO N N N N N N N N N N I$ O } O J J La' ati a 4 a- 1 a-- 1 a- 1 LT;I '- I a 1 '- I a- 1 Lfl o 0j y' m 0 0 0 0 0 0 0 0 0 0 t0 Q 3 a t0 t0 tD t0 m tO tO t0 t0 t0 J O Z Y Y - J J J J J J J J J J - CC0 Y o ` o > J J J J J J J J J J j U o > > 0 0 0 0 0 0 0 0 0 0 0 0 C > p 0 Nl F- oF ovt VH LH LnI- LnF vN nF cc7 O 3 LU LU CC z m CC CC CC CCoc CC m I- H m m CO m Ct7 00 m CO m m CO CC Z N in 0 0 0 0 0 0 0 0 0 0 0 0 ac. a;+ + cc cc cc cc cc cc cc K K Z U v v in a a a a a a a a a a 1. 01 H to L10 C0 Z Z Z Z Z Z Z Z Z Z O1 I- N - p - 0 tO LU LU W W W W W W W LUt0 Y m m HI a a a a a a a a a a HI Z X 0 l0 C9 0 0 0 0 U . 0 x W VI VI 0 CO 00 00 tO CO CO tO t0 tO N 0 CC LU n N m . i ,- 1 '- 1 a a- 1 HI N N N 01 Cp cc en 010101010101COMOIN M N l , 1 0 0 0 0 0 0 0 0 0 0 0 0 U HI HI HI CL ati a- 1 - 1 H a1 HI HI a-- 1 HI Hi O_ T T a+ 4, CO CO N 01 CC m N N Q E E wJ 7• 7 0 >- m` m` a0 cc m ai ai 2 = E E g x E E m 1- 2 2 a of D Q g w m cc CCto to 1- w x -- 1 i_ IJICC 0 J J W J Q Q 1,- 1CC -- 1 J O -- 1O U1 U . F10) m J Y Z Z O CC: W Si v1 ca - U U U I- U U U U r < Z ILi a a U MI J J U J _ 1 coco co 0 U O O 6 P. c 0 w w w Z w w 0 W W cc 06 CC 0 W y W W Q CC m m m CY Z Z O Q UJ Z C ul ul W I- I- I- O F I-- a x x W w O o a Q Ln to 0 > > > U > > 3 w W I 0 W I OD f0 w 0 0 0 0 0 w w 5 w CC u c c l7 V/ N H v, in L~ i_ 1 g 0 0 0 O W 0 s cu cu a m LY d' O CC m O Z Z w a Cl. U U I- I- Z m m m z m m Y D D U Z N 11 N co CI CIO 0 N L m p1 ` H Z Z Z Z y w LU W W U. . 0 C J J J O a 0 , , i 1 i i ta.7 0 i t d U en d in in m m m N p O O O O fA e- I C WZ W 01 in N m 01 Q In Lb 00 to m CO 0 CO 00 N O m N ati CO O W N O c- 1 m t0 N LT O1 I, m 1U 01 N ars4 1", N o0 co ati a- 1 a-- I a•- I m N N N W Q U Caa c m C11 o C11 Ln a 0o O N 01 N co m Ln f- 8 O N m a- 1 .- 1 HI a- 1 N N HI HI HI a- 1 O H 0 0 0 0 0 0 0 0 0 0 0 W O O O O O O O O O O O pp O pp0 O W 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 a N N N N a a a N a a Na a C 00 00 00 00 mob in in in m in in 0o in in O O O O O O O O O O O O O O O m• Z N N N N N N N N N N N N N N N a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W a- I N m a Ln tO N 00 01 0 HI N CO ' Cr Ln 3 Z° Exhibit "B" POD 1-E n. ti1:~ SINGLE FAMILY B r 7 ` `1 - 1 :. 32,01 acres C t x/-f' 89 units A V..e."' . h L's _ EXISTIN4/ x. 7 `_ / I PAR%" .-> I L 4 a.t COMMF..'RCIAE. f PARK SITE IQ_F y a s1 acres 1 a 6.Sacres S('1OOI_SITE mr I,. k 15 acres 411i. • 4 POD2B I'. i I SING[EIAMII,Y:1 E -a 3 ti Ss asxsaonus / 1 POD2A-I. r cr y r a s . '\ t14 a r T C i s, s 1 MITI l IPl I XC a.,`yr '„w .,> , ,• r.,. F c'I' 13acres F° ° • ` i 1 1 ,. i're" e. a y. 124 unite t w 1 A t• , x d POD 3B-E R• r :Y' I MULTI-FLEX A t y 4, r .sr t r '.. A I 1.16.3 a acres r t 138 unicst ' for ... * ,„ u' gyms n''''' L'`144Nfe,">11":: '''' ok'''''' r b;/, 1 re f 8-G 2 r ° tS t. OPEN SPACE f wr+ .A s+**• 7,; r o .... -1. ;9' 9F r a ,, rye+ Z19ntiont. ' .• `.` 4 V 9\, Y I` • f retention Fps*-- `NM{ 1 POD S I tM 4 r ;''se t•t jr t 1 y ` a T + I4r SINGLE FAMILY A ;y I r POD 5-Es I7 F 7 acres y 4 L?. u I• t • I,'m4 47 units a i1 I ,i,j,: Y' \' y//r fl i MUL"I7-FLEX B r9 4 Viz+ 13.52 acres T S.11k ISIKL I R,ttI F PIN 02.-08-400-004ct:;:::'-l 96.59Acres fAac •t4rtr+s ...., 1.9i acmx ,J z 1 r P Phase I xa r 4A-E W OPEN SPA('I 1 L I, , • * p 97 n acres POD 6-E golf/ retenrior J 4 f SINGLE FAMILY B11, rt t 3` 31.68 acresr s' fps 35 11nin f- 149 IQ-E. rr fir1`ARKSITE'1 t j I MUL1]-PL.EXC 13.79 acres s ` Itr n i 170 onus 4 `,7 . 4 4 4g-E lie t i 1y <# OPEN SPACE i.• 114 4 '4 .j4444 4 4 N. 7,',/,ry ,+'}„'+'V 2 3.29acres rerenrion westbury 4. ,i EAST VILLAGE a rr . r„ coin/ells resad SCALE'-itn NORTH Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Date: October 3, 2023 To: Krysti Barksdale-Noble (Community Development Director) From: James Jensen (Chief of Police) Reference: Plan Review – PZC 2023 - Project Name: Yorkville Renewables, LLC Nexamp Solar Westbury (Nagel) Applicant Name: Dan and Charene Nagel Petitioner Name: Christopher F. Clark (Yorkville Renewables, LLC) Project Number: PZC 2023- Project Location: 10292 Galena Road, Yorkville, IL (Parcel # 02-08-200-030) The comments listed below are referenced to the above project: Signage Handicapped Signage Required: ____ Yes __X__ No Comments: N/A **Signage must meet MUTCD Standards **Fine amount must be listed on sign Speed Limit Signage Required/Recommended ____ Yes __X__ No School Zone Special Signage ____ Yes __X__ No Special Speed Zone Signage Requested ____ Yes __X__ No No Parking Signage Recommended? ____ Yes __X__ No ____ No Parking After 2” Snow Fall No Parking Locations: • N/A Dedicated Parking signage needed? ____ Yes __X__ No ____ Located by Park ____ School ____ Common Parking Area Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there Street Name Conflicts? ____ Yes __X__ No Comments: N/A Pedestrian/Bike Path Crossing Signage? ____ Yes __X__ No Warning Ahead Signs are Required NO Construction Traffic Signage being requested? ____ Yes __X__ No Location: _________________________________________________________ ***We request that all signage is posted prior to the first occupancy permit being issued for each POD or phase.*** ***All traffic control signage must conform to MUTCH Standards specific to location, size, color, and height levels*** Roadway Street Width: _____________ Should parking be allowed on BOTH sides of road? ____ Yes ____ No Should parking be restricted to fire hydrant side? ____ Yes ____ No Center Roadway Medians: ____ Yes ____ No Limit Parking on Median? ____ Yes ____ No Signage Needed? ____ Yes ____ No Room for Emergency Veh. w/ one lane Obstructed? ____ Yes ____ No Do you have intersection Concerns? __X__ Yes ____ No Concerns as listed below: • Location of the driveway(s) into Yorkville Renewables • Driveway(s) clearly marked with signage in both directions • Distance from driveway(s) on Galena Road to the intersection of Rt. 47 would be concerning due to vehicle speeds on Galena Road Landscape Low Growth or Ground Cover Landscaping? ____ Yes ____ No Low Growth or Ground Cover Landscaping by windows? ____ Yes ____ No Low Growth or Ground Cover Landscaping by Entrances ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Comments: N/A Ingress / Egress Entrance/Exits match up with adjacent driveways? ____ Yes __X__ No Total Entrance/Exits for development? __1__ Are vehicle entrance/exits safe? ____ Yes ____ No Are warning signs for cross traffic requested? __X__ Yes ____ No Raised Median & Signage for Right in & Right Out? ____ Yes __X__ No Concerns: __________________________________________________________ Emergency Contact for after hours during construction: Information needed Is this a gated or controlled access development? __X__ Yes ____ No If yes, will Police & Fire have Access? __X__ Yes ____ No Comments: Will police have access in case of emergency? Miscellaneous Individual Mailboxes? ____ Yes __X__ No Cluster Mailbox Kiosks? ____ Yes __X__ No Will this cause traffic choke points? ____ Yes __X__ No Are sidewalks being planned for the development? ____ Yes __X__ No Are sidewalk crosswalks needed? ____ Yes __X__ No Are there bike paths planned for this project? ____ Yes __X__ No Proper Signage needed for bike paths ____ Yes ____ No ____ Stop Signs ____ Yield Signs ____ NO Motorized Vehicles ____ Trespassing ____ Other _______________________________________ Are there HOA Controlled Roadway OR Parking Areas? ____ Yes ____ No Ample Parking on Site? ____ Yes ____ No Yorkville Police Department Memorandum 651 Prairie Pointe Drive Yorkville, Illinois 60560 Telephone: 630-553-4340 Fax: 630-553-1141 Are there other City Ordinance Concerns? ____ Yes ____ No ____ Noise Ordinance ____ Parking Ordinances ____ Alarm Ordinance Security Will security cameras be in use? ____ Yes ____ No Comments: Will there be security cameras used on site? Will the business/management provide the police department remote access to the camera system (User credentials only)? ____ Yes ____ No Comments: If you will have camera access on site would the police department have remote access into the system for emergency purposes only? What are the business Hours of Operation? N/A Will the property be alarmed? ____ Yes ____ No Comments: Will the gate be alarmed? Will you provide Floor Plans/Maps to the police department ____ Yes ____ No Comments: N/A I hope you find this information helpful, and we look forward to reviewing the revisions. If you should have any questions, comments, or concerns please do not hesitate to contact me. PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE UNITED CITY OF YORKVILLE PLANNING AND ZONING COMMISSION PZC 2024-01 NOTICE IS HEREBY GIVEN THAT Yorkville Renewables, LLC, contract lessee, and Daniel A. and Charene S. Nagel, property owners, petitioners, have filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning classification, special use authorization, and a bulk regulation variance approval. The real property is located on the southwest corner of Galena Road and Illinois Route 47. The petitioners are requesting rezoning approval from R-2 Single-Family Traditional Residence District to A-1 Agricultural District. The petitioners are also requesting special use permit approval in pursuant to Section 10-8-5 of the Unified Development Ordinance for a solar farm. Lastly, the petitioners are requesting a bulk regulation variance to Section 10-4-13.B of the Unified Development Ordinance requesting a reduction in the north, west, and south property lines setback from 50 feet to 8 feet. The legal description is as follows: PARENT PARCEL LEGAL DESCRIPTION: LEGAL DESCRIPTION PER NEAR NORTH TITLE GROUP TITLE COMMITMENT IL1808635- 114 DATED SEPTEMBER 28, 2023 & DOC. NO.: 202100021967 & 202100002603. THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO T HE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWES T QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECOND WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINN ING, IN KENDALL COUNTY, ILLINOIS. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011813, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF 1HE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86°50'24" EAST, 202.52 FEET; THENCE SOUTH 07°50'38" EAST, 23.88 FEET; THENCE NORTH 86°41'57" EAST, 65.30 FEET; THENCE NORTH 83°59'57" EAST, 125.00 FEET; THENCE SOUTH 06°04'54" EAST, 79.10 FEET; THENCE SOUTH 14°15'17" EAST, 67.24 FEET; THENCE SOUTH 30°16'13" EAST, 44.66 FEET; THENCE SOUTH 29°19'38" EAST, 22.58 FEET; THENCE NORTH 89°16'13" EAST, 991. 74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13°02'53" EAST; THENCE NORTH 21°01'18" EAST, 318.85 FEET; THENCE NORTHERLY TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04°45'09" EAST; THENCE NORTH 11°31'00" WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07°52'07" WEST; THENCE NORTH 06°19'17" WEST, 33.01 FEET; THENCE NORTH 05°23'16" WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09°31'35" EAST; THENCE NORTH 16°03'07" EAST, 50.0 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73°56'53" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SE CTION 8; THENCE SOUTH 01°06'41" EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CUR VE BEARING SOUTH 05°11'01" WEST; THENCE SOUTH 01°06'41" EAST, 118.67 FEET; THENCE SOUTH 88°53'19" WEST, 450.34 FEET; THENCE NORTH 09°39'39" EAST, 183.43 FEET; THENCE NORTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 87°18'59" WEST, 68.19 FEET; THENCE SOUTH 77°17'38" WEST, 142.43 FEET; THENCE SOUTH 64°38'07" WEST, 40,98 FEET; THENCE SOUTH 56°27'23" WEST, 62.20 FEET; THENCE SOUTH 54°35'06" WEST, 47.33 FEET; THENCE SOUTH 60°03'18" WEST, 101.98 FEET; THENCE SOUTH 69°40'43" WEST, 181.54 FEET; THENCE SOUTH 35°33'08" WEST, 33.43 FEET; THENCE SOUTH 86°05'40" WEST, 147.85 FEET; THENCE SOUTH 78°13'45" WEST, 80.0 FEET; THENCE NORTH 59°05'34" WEST, 153.76 FEET; THENCE NORTH 74°47'54" WEST, 27.24 FEET; THENCE NORTH 06°17'38" WEST, 224.12 FEET; THENCE NORTH 73°10'01'' WEST, 184.74 FEET; THENCE NORTH 85°19'13" WEST, 118.52 FEET; THENCE SOUTH 33°11'19" WEST, 84.38 FEET; THENCE SOUTH 34°29'59" WEST, 90.01 FEET; THENCE SOUTH 46°15' 48" WEST, 122.93 FEET; THENCE SOUTH 64°24'44" WEST, 53.07 FEET; THENCE SOUTH 89°30'40" WEST, 70.96 FEET; THENCE NORTH 76°54'34" WEST, 59.31 FEET; THENCE NORTH 61°03'12" WEST, 59.31 FEET; THENCE NORTH 45°11'49" WEST, 59.31 FEET; THENCE SOUTH 52°43'52" WEST, 150.0 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE TO THE NORTHEAST, HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31°33'56" WEST; THENCE SOUTH 64°08'15" WEST, 204.82 FEET; THENCE SOUTH 88°59'57" WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01°00'03" WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. ALSO, INCLUDING THE LAND DESCRIBED IN QUIT CLAIM DEED RECORDED AUGUST 16, 2018 AS DOCUMENT 201800011814, DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS ( 58.74 FEET) SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY, ALONG THE CENTERLINE OF SAID OLD GALENA ROAD, TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH, ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, TO A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64°02'00" EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64°02'00" WEST, 308.99 FEET, ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.0 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST, 2447.03 FEET ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88°59'57" EAST, 68.98 FEET; THENCE NORTH 64°08'15" EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.0 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31°33'56" EAST; THENCE NORTH 52°43'52" EAST, 150.0 FEET; THENCE SOUTH 45°11'49" EAST, 59.31 FEET; THENCE SOUTH 61°03'12" EAST, 59.31 FEET; THENCE SOUTH 76°54'34" EAST, 59.31 FEET; THENCE NORTH 89°30'40" EAST, 70.96 FEET; THENCE NORTH 64°24'44" EAST, 53.07 FEET; THENCE NORTH 46°15'48" EAST, 122.93 FEET; THENCE NORTH 34°29'59" EAST, 90.01 FEET; THENCE NORTH 33°11'19" EAST, 84.38 FEET; THENCE SOUTH 85°19'13" EAST, 118.52 FEET; THENCE SOUTH 73°10'01" EAST, 184.74 FEET; THENCE SOUTH 06°17'38" EAST, 224.12 FEET; THENCE SOUTH 74°47'54" EAST, 27.24 FEET; THENCE SOUTH 59°05'34" EAST, 153.76 FEET; THENCE SOUTH 78°13'45" EAST, 80.0 FEET; THENCE NORTH 86°05'40" EAST, 147.85 FEET; THENCE NORTH 35°33'08" EAST, 33.43 FEET; THENCE NORTH 69°40'43" EAST, 181.54 FEET; THENCE NORTH 60°03'18" EAST, 101.98 FEET; THENCE NORTH 54°35'06" EAST, 47.33 FEET; THENCE NORTH 56°27'23" EAST, 62.20 FEET; THENCE NORTH 64°38'07" EAST, 40.98 FEET; THENCE NORTH 77°17'38" EAST, 142.43 FEET; THENCE SOUTH 87°18'59" EAST, 68.19 FEET; THENCE SOUTH 09°39'39" WEST, 1000.44 FEET; THENCE SOUTH 73°08'14" WEST, 437.67 FEET; THENCE SOUTH 61°50'59" WEST, 297.0 FEET; THENCE SOUTH 39°47'51" WEST, 1584.39 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART OF THE ABOVE-DESCRIBED TRACT LYING SOUTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01°00'03" WEST ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8, A DISTANCE OF 3579.88 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 88°59'57" EAST PERPENDICULAR TO SAID WEST LINE, 2172.88 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760 FOR THE POINT OF TERMINATION OF SAID LINE; ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. •SURVEYOR'S NOTE: SCRIVENERS ERROR FOUND IN TITILE COMMITMENT SCHEDULE A, CORRECTED PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• AS-SURVEYED LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID OLD GALENA ROAD TO THE WEST LINE •OF THE SOUTHEAST QUARTER OF SECTION 5; 1HENCE SOU1H ALONG SAID WEST LINE• AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 3404.23 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 8 6 DEGREES 50 MINUTES 28 SECONDS EAST, 202.57 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 42 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 53 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 53 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 58 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 21 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 17 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 42 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 10 SECONDS EAST, 991.82 FEET; THENCE NORTHERLY, 143.33 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTE 18 SECONDS EAST 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 52.18 FEET TO THE SOUTHERLY RIGHT -OF- WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5, 1964; THENCE SOUTH 73 DEGREES 50 MINUTES 13 SECONDS EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, 1111.45 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREE 06 MINUTES 42 SECONDS EAST ALONG SAID EAST LINE, 1189.49 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT-OF-WAY LINE); THENCE SOUTHERLY, 495.91 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 10 MINUTES 32 SECOND WEST; THENCE SOUTH 01 DEGREE 06 MINUTES 47 SECONDS EAST, 118.69 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 15 SECONDS WEST, 450.38 FEET TO THE EASTERLY LINE OF A TRACT CONVEYED TO TEQUILA SUNRISE ENTERPRISES, LLC BY SPECIAL WARRANTY DEED RECORDED DECEMBER 19, 2013 AS DOCUMENT 201300024760; THENCE NORTH 09 DEGREES 39 MINUTES 35 SECONDS EAST 114.02 FEET ALONG SAID EASTERLY LINE; THENCE SOUTH 88 DEGREES 59 MINUTES 56 SECONDS WEST 2172.95 TO THE WEST LINE OF SAID EAST HALF; THENCE NORTH 01 DEGREE 00 MINUTES 04 SECONDS WEST 904.35 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. •SURVEYOR'S NOTE: CORRECTION PER WARRANTY DEED RECORDED 1/29/2021 AS DOCUMENT NUMBER 202100002603• PINs: 02-05-400-005 and 02-08-200-030 A copy of the application is available for review during normal City business hours at the office of the Community Development Director. NOTICE IS HEREWITH GIVEN THAT the Planning and Zoning Commission for the United City of Yorkville will conduct a Public Hearing on said applications on Wednesday, September 11, 2024 at 7 p.m. at the United City of Yorkville, City Hall, located at 651 Prairie Pointe Drive, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville Community Development Department, City Hall, 651 Prairie Pointe Drive, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. JORI BEHLAND City Clerk COUNTY, ILLINOIS. 1250 E. Diehl Road, Suite 300 | Naperville, IL 60563 | 630.577.0800 Tel | 630.577.0900 Fax | www.atwell-group.com August 15th, 2024 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 651 Prairie Pointe Yorkville, IL 60560 Atwell, LLC Project No. 22001787 RE: City of Yorkville/EEI Yorkville Renewables Ms. Krysti Barksdale-Noble, Atwell, LLC is in receipt of City of Yorkville’s/EEI‘s review letter, dated July 10, 2024 and Hey and Associates, Inc. review letter dated July 2, 2024, regarding their review of the submittal made for the proposed Yorkville Renewables project off of Galena Road in Yorkville, IL 60560. We have revised the plans according to those comments, and we offer the following responses. EEI Comments General Review Comments: Comment 1: The following permits may be required and should be provided to the city when obtained. The City and EEI should be copied on all correspondence with the agencies. • IEPA NPDES General Construction Permit is required. The Notice of Intent must be filed with IEPA 30 days prior to start of construction. • Stormwater permit application in accordance with the Yorkville Storm Water Management Ordinance (Kendall Countywide Ordinance). • Kendall County for access to Galena Road. • IDOT for access to Route 47. Response 1: Acknowledged. Comment 2: We acknowledge the receipt of the approval from Kendall County for access to Galena Rd. Response 2: Acknowledged. Comment 3: A field tile survey will be required. Response 3: A Drain Tile Investigation Survey is the process of being coordinated with Huddleston McBride. A copy of the completed survey will be provided upon receipt. Comment 4: A plat of easement for perimeter and stormwater management easements will be required. Response 4: Acknowledged, a plat of easement will be provided with final construction drawings/permits. Page 2 of 7 Comment 5: The decommissioning bond or letter of credit will need to be 120% of the approved estimate. Response 5: Acknowledged, this has been included in the OPC and will be provided with final construction drawings/permits. Comment 6: The comments in the attached review letter from the City’s landscaping consultant must be addressed and a revised landscaping plan submitted. Response 6: All comments from the attached landscaping consultant have been addressed. Comment 7: Truck turning exhibits for delivery and emergency vehicles should be submitted. Response 7: A truck turning exhibit has been provided with this submittal. Stormwater Management Memo Review Comments: Comment 8: A City of Yorkville Stormwater Permit Application should be submitted. Response 8: Acknowledged, the Stormwater Permit will be provided with final construction drawings/permits. Comment 9: The report should be signed and sealed by a Professional Engineer prior to final approval. Response 9: Acknowledged, the revised stormwater memo has been signed and sealed by a Professional Engineer. Comment 10: After discussions with Kendall County, it was determined that the following criteria should be used for design of stormwater management systems for solar farms: • The change from agricultural to native vegetation will not be considered as being hydrologically disturbed. • Disturbance area should only include areas to be graded or areas where surface type will be changed to impervious area. Response 10: Acknowledged, due to this change in requirement detention basins are no longer requirement for this project. Comment 11: In the Proposed Conditions section, the narrative says that the “project will flow both undetained and detained offsite”. It should be noted that the detention is onsite. Response 11: The detention basins have been removed from the plans and the note revised. Comment 12: The northeast basin should have 1-foot of freeboard. Response 12: The detention basins have been removed from the plans. Comment 13: Provide volume calculations for the compensatory storage area. Response 13: The proposed entrance road off of Route 47 is no longer proposing fill within the flood zone. Compensatory storage is no longer required. Page 3 of 7 Comment 14: Provide storm sewer calculations. Response 14: Calculations for the culverts have been provided as part of this submittal. Comment 15: Provide orifice and spillway calculations for the release rates. Response 15: The detention basins/spillways have been removed from the plans. Final Engineering Plans Review Comments: C-000 Cover Sheet Comment 16: The plans shall be signed and sealed by a Professional Engineer prior to final approval. Response 16: A seal and signature has been added to the cover sheet. Comment 17: The street address for the City’s contacts should be revised to 651 Prairie Pointe. Response 17: The City address has been updated on the cover sheet. C-200 Soil Erosion and Sediment Control Plan Comment 18: Silt fence is needed on the west side of the site. Response 18: A silt fence has been added to the west side of the site. Comment 19: The slopes of the detention basins should have erosion control blanket. It’s unclear at this scale if it is shown or not. Response 19: The detention basins have been removed from the plans. Comment 20: Culvert protection should be shown for the proposed culverts. Response 20: Permanent riprap protection is proposed for all culverts. C-300 Site Layout Plan Comment 21: Does the driveway off of Rte 47 just end at the floodplain? If traffic is intended to cross the floodplain construction purposes, then the road should be shown extended. Response 21: The driveway off of Route 47 is intended only for access to the utility poles along that road. Access to the solar arrays will be off of Galena Road. Comment 22: If the Rte 47 driveway is intended to be used as shown, is it necessary to have the HMA apron for the limited traffic that would be using that driveway. Response 22: An HMA apron is required by IDOT. C-402 Grading Plan – Basins Comment 23: Show the proposed grading after the stockpiles are removed. Page 4 of 7 Response 23: The existing stockpiles are in the process of being removed. Once they are removed the site will be re-surveyed and a copy will be provided to the city. Comment 24: The volume provided for the southwest basin is shown as 103.983 cu ft, but the stormwater report shows a volume of 17,442 cu ft. Confirm the correct volume. Response 24: The detention basins have been removed from the plans. Comment 25: Revise the grading on the north end of the southwest basin. Water will pool at the 650 contour in the northwest corner the way it is currently shown. Response 25: The detention basins have been removed from the plans. Comment 26: The rim shown on the Southwest Detention Basin Restrictor Manhole detail conflicts with the callout for Restrictor MH-1. Response 26: The detention basins have been removed from the plans. Comment 27: The maximum allowable spacing between storm sewer manholes is 500 feet. Add additional manholes as needed. Response 27: The detention basins and associated storm sewer pipes have been removed from the plans. Comment 28: Show drainage flow arrows throughout the site. Response 28: Drainage arrows have been added to the grading sheet C-400. Comment 29: Show the emergency overland flow route. Response 29: The detention basins have been removed from the plans. Comment 30: The top of the embankment for the northeast basin should be 647.00 to provide the required 1-foot of freeboard. Response 30: The detention basins have been removed from the plans. Comment 31: The spillways should have a concrete curtain wall for erosion control. See the Unified Development Ordinance – 10-A-7-J.7 for additional details. Response 31: The detention basins and spillways have been removed from the plans. Comment 32: Detention basins will need to be in a Stormwater Management Easement. Response 32: The detention basins have been removed from the plans. C-600 Standard Details Comment 33: Include a typical section for the detention basins. Response 33: The detention basins have been removed from the plans. Page 5 of 7 Engineer’s Opinion of Probable Decommissioning Costs: Comment 34: The items with “TBD” quantities should be estimated with a value to get a more accurate total cost. Response 34: TBD quantities have been filed in. Comment 35: The assumptions listed specify that the estimate would be redone every 5 years. The UDO requires the estimate to be redone every 3 years. Response 35: The estimate assumptions were revised to 3 years. Comment 36: An inflation rate of 3% should be included in the estimate. A note specifying the years used for the lifetime of the project should be added when calculated the inflation costs. Response 36: An inflation rate has been added to the estimate Hey and Associates Inc. Comments Building Foundation Landscape Zone Comment 37: No buildings are proposed, so therefore building foundation landscape zone requirements do not apply. Response 37: Acknowledged. Parking Area Perimeter Landscape Zone Comment 38: No off-street parking areas abut a public or private right-of-way (excluding alleys), so therefore parking area perimeter landscape zone requirements do not apply. Response 38: Acknowledged. Parking Area Interior Landscape Zone Comment 39: No off-street parking areas consisting of 10 or more spaces are proposed, so therefore parking area interior landscape zone requirements do not apply. Response 39: Acknowledged. Transition Landscape Zone Comment 40: Per information and direction provided by the City, the proposed development will be zoned A-1 Agriculture and the adjacent parcels are R-2 residential. The UDO has no specific transition zone landscape requirements for this situation. However, because the proposed development is a Special Use the City has the discretion to stipulate a higher standard. The current plan includes a mix of a few evergreen trees and mostly shrubs along the north and south borders of the area Page 6 of 7 containing the solar panels. This mix of plantings does provide some screening but does not meet the requirements of any transition zone described in the UDO. The City’s 2016 Comprehensive Plan (Comp Plan) was reviewed for potential guidance. In the Route 47 and Eldamain Corridor sections of the Comp Plan, reference was made to establishing a “rural character buffer” within both Corridors. Since a Type D transition zone was recently recommended along Eldamain Road for a large tech development, building upon precedent we would recommend that a Type D transition zone would be appropriate along Route 47. It is also of note that the Comp Plan identified the space between Rob Roy Creek and Route 47 at the NexAmp Nagle site as a natural area. A more natural aesthetic (e.g., restored prairie, woodland, and/or riparian corridor) would also be appropriate at this specific location. Per the UDO, a Type D transition zone includes a minimum of 5 understory trees, 5 evergreen/canopy trees, and 35 shrubs/native grasses per 100 linear feet. We suggest a modified Type D transition zone consisting of 5 native shade trees and 5 native understory trees per 100 linear feet; existing native trees may be included toward this requirement if a tree survey documenting their presence and condition is submitted. We also recommend native prairie grass and wildflower seeding in lieu of the 35 shrubs/native grasses per 100 linear feet. A maintenance plan should be submitted describing how this natural landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. Response 40: The modified transition zone D has been applied along the eastern fence line. Nexamp asks the city to approve the north and south property line landscaping as proposed. A maintenance plan will be provided with final construction drawings/permits. Species Diversity Requirements Comment 41:Two vegetated stormwater management areas were identified on the plans. The hatch legend identifies these areas as “Proposed Basin Seed Mix (To Be Provided with Construction Documents).” Therefore, compliance with species diversity requirements cannot be assessed at this time due to lack of information. Response 41: The detention basins have been removed from the plans. Species/genus diversity mixtures have been added to the plant schedule. Tree Preservation and Removal Comment 42: No live tree with a 4” or greater DBH may be removed without approval. A review of Google Earth imagery reveals trees are present on the site, but that there may not be trees present on the portion of the site proposed for development. A tree survey is required; tree replacement may also be required. Response 42: No trees are being removed as part of the project; no tree survey has been completed. Street Trees Comment 43: Requirements appear to be met. Response 43: Acknowledged Page 7 of 7 General Comment 44: A seed mix has been provided for the previously noted “Native Pollinator Friendly Solar Array Sed Mix”. A maintenance plan should also be submitted describing how this landscape will be maintained to ensure that desired species become established, persist, and the area is not overtaken by weeds. Tree and shrub totals shown in the “Plant Calculations” tables and “Plant Schedule” do not correspond. Petitioner should clarify and revise as necessary. Proposed plant sizes are not specified on the plans. Canopy trees must be at least 2.5” caliper, understory trees not less than 1.5” caliper or 6’ tall, evergreen trees at least 6’ tall, and shrubs at least 2’ tall at the time of planting. Response 44: The plant calculations and plant schedule have been revised to correspond and include the pant sizes. A maintenance plan will be provided with final construction drawings/permits. Wetlands Comment 45: Rob Roy Creek is a Waters of the US regulated by the Army Corps of Engineers and under Yorkville’s Wetland Regulations. Wetland A1 is an isolated wetland and therefore not regulated by the Army Corps of Engineers but is regulated under Yorkville’s Wetland Regulations. Wetland A1 is shown to be completely filled but does not require mitigation because the total impact is less than 0.25 acres. A minimum 30’ wetland buffer, consisting of primarily native vegetation, is required for Rob Roy Creek under Yorkville’s Wetland Regulations. A Category VI Wetland Permit Application is required under Yorkville’s Wetland Regulations for impacts to Wetland A1. We are not aware of such an application being submitted. Response 45: A 30’ buffer along Rob Roy creek has been shown on the revised plans. A wetland permit will be provided with final construction drawings/permits. We trust that these responses will satisfy the concerns outlined in your review letter. Should there be any additional questions or concerns, please contact us at (630) 577-0800. Sincerely, ATWELL Lauren Hillis Engineer © 2024 Microsoft Corporation © 2023 TomTom DUPAGE COOKDEKALB KANE GRUNDYLASALLE WILL KENDALL DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-000COVER SHEETILLINOIS KENDALL COUNTY NOT TO SCALE YORKVILLE RENEWABLES A 4.95MW (AC) GROUND-MOUNTED SOLAR POWER GENERATING FACILITY GALENA ROAD UNITED CITY OF YORKVILLE, KENDALL COUNTY, BRISTOL TOWNSHIP, ILLINOIS FINAL SITE PLANS GOVERNING AGENCIES CONTACTS APPLICANT YORKVILLE RENEWABLES, LLC 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH CONSULTANT NEXAMP, INC. 101 NORTH WACKER DRIVE, SUITE 200 CHICAGO, ILLINOIS 60606 CONTACT: MATT WALSH E: MWALSH@NEXAMP.COM CIVIL ENGINEER/LANDSCAPE ARCHITECT/SURVEYOR ATWELL, LLC 1250 E. DIEHL ROAD, SUITE 300 NAPERVILLE, IL 60563 PHONE: (303) 825-7100 E: MKEITH@ATWELL-GROUP.COM CONTACT: MICHAEL KEITH, P.E. PLANNING - ZONING - LANDSCAPE - SIGNAGE JASON ENGBERG YORKVILLE PLANNING & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T:(630) 553-8555 E:JENGBERG@YORKVILLE.IL.US ENGINEERING BRADLEY SANDERSON YORKVILLE ENGINEER 651 PRAIRIE POINTE YORKVILLE, IL 60560 T:(630) 466-6720 E:BSANDERSON@EEIWEB.COM BUILDING PETE RATOS YORKVILLE BUILDING SAFETY & ZONING 651 PRAIRIE POINTE YORKVILLE, IL 60560 T:(630) 553-8549 E:PRATOS@YORKVILLE.IL.US SITE SITE VICINITY MAP NOT TO SCALE 9-1-1 ADDRESS TBD SHEET INDEX C-000 COVER SHEET C-001 LEGAL DESCRIPTION C-100 EXISTING CONDITIONS PLAN C-200 SOIL EROSION AND SEDIMENTATION CONTROL PLAN C-201 SOIL EROSION AND SEDIMENATION CONTROL NOTES AND DETAILS C-300 SITE LAYOUT PLAN C-400 GRADING AND STORMWATER PLAN C-401 GRADING PLAN - ACCESS ROAD C-500 LANDSCAPE PLAN C-501 DETAILED LANDSCAPE PLAN C-600 STANDARD DETAILS C-601 STANDARD DETAILS MICH A E L BRIAN K EI TH DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-001LEGAL DESCRIPTIONLEGAL DESCRIPTION Δ Δ Δ Δ Δ Δ DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-100EXISTING CONDITIONS PLAN C-200SOIL EROSION ANDSEDIMENTATION CONTROLPLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-201SOIL EROSION ANDSEDIMENATION CONTROLNOTES AND DETAILS· · · · · · ’ SITE DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. C-300SITE LAYOUT PLANDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-400GRADING AND STORMWATERPLAN· · · C-401GRADING PLAN - ACCESS ROADDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-500LANDSCAPE PLAN· · · · · · · · · DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig.C-501DETAILED LANDSCAPE PLAN C-600STANDARD DETAILSDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. IN THE EVENT OF AN EMERGENCY PLEASE DIAL 9-1-1 FOLLOWED BY A SECOND CALL TO: 857-239-0057 YOUR LOCATION IS: TBD, Galena Road Yorkville, IL 60512 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comKnow what's below. Call before you dig. “” “ ” C-601STANDARD DETAILS EX-01TRUCK TURN ANALYSISDDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comCONSTRUCTION/DELIVERYTRAFFIC EX-01 DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comTRUCK TURN ANALYSISEMERGENCY/MAINTENANCETRAFFIC Yorkville Renewables – Stormwater/Drainage Memo August 16, 2024 T ABLE OF C ONTENTS 1 PROJECT NARRATIVE ...................................................................................................... 2 2 EXISTING CONDITIONS ................................................................................................... 2 3 PROPOSED CONDITIONS ................................................................................................ 3 4 CONCLUSION ................................................................................................................. 4 A PPENDICES A USDA NRCS Soil Resource Report B Drainage Area Maps C ISWS Bulletin 75 Precipitation Data D HydroCAD Report 2 1 PROJECT NARRATIVE Nexamp, Inc. is proposing a 4.95 MW (AC) ground-mounted solar generating facility to be constructed at Galena Road & State Route 47 located in Yorkville, Kendall County, Illinois. The solar development proposes approximately 1.6 acres of impervious area and converts the existing row crop to a native pollinator friendly prairie seed mix. The existing topography and flow patterns will remain the same throughout the project area. Per United City of Yorkville Stormwater Ordinance Section 203.2, the allowable release rate for proposed impervious area is 0.04 cfs/acre for a 24-hr 2-year storm and 0.15 cfs/acre for a 24-hr 100-year storm. A discussion with Pamea Whitefield at EEI dated August 1st, 2024 indicated that the hydrologic disturbed area is considered to be the proposed access road and equipment pad. The site runoff reduction was analyzed to demonstrate that the total projected post-development peak flow rate is below the allowable release rate and is expected to provide a net positive impact on the existing watershed. 2 EXISTING CONDITIONS The existing 73.5 +/- acre property consists of mostly straight row crops with no existing structure or impervious area. Rob Roy Creek cuts through the property in the southeast corner. The site has a high point in the western “flag” of the property, with drainage to the north, south, and east directions. A USDA NRCS Web Soil Survey was completed and is included in Appendix A. The average existing hydrologic soil group rating for the project area is D. The site topography was analyzed as one drainage area that flows towards the north property line. A pre-development drainage area map is included in Appendix B. Table 2.1 details the undisturbed pre-development drainage area characteristics and Table 2.2 details the undisturbed pre- development curve number. The proposed disturbed area was excluded from the existing drainage areas and curve number calculation. Table 2.1 – Pre-Development Drainage Area Characteristics (undisturbed) Drainage Area Impervious (ac) Pervious (ac) Total (ac) Existing Drainage Area 0.0 28.2 28.2 Total 0.0 28.2 28.2 Table 2.2 – Pre-Development Curve Number (undisturbed) Soil Rating Cover Description CN Total (ac) C Row Crops; Straight Row (SR) Good 85 10.9 D Row Crops; Straight Row (SR) Good 89 17.3 Combined CN 87 3 3 PROPOSED CONDITIONS The proposed development will consist of a solar generating facility enclosed within a 8-ft high perimeter fence, as well as a gravel access road connecting Galena Road to the project site. Appendix B includes the Post-Development Drainage Area Map and Table 3.1 details the post- development drainage area characteristics. The post-development drainage area includes both the undisturbed area and the proposed disturbed area (equipment pads and access road). The total proposed project area is 29.8 acres, with 1.6 acres being hydrologically disturbed. Table 3.1 – Post-Development Drainage Area Characteristics (disturbed and undisturbed) Drainage Area Impervious - Disturbed (ac) Pervious - Undisturbed (ac) Total (ac) Proposed Drainage Area #1 1.6 28.2 29.8 Total 1.6 28.2 29.8 Runoff from the proposed drainage area will flow undetained offsite to its drainage area low point. The existing and proposed drainage areas and flow patterns remain unchanged. The entire area within the project area is being converted from straight row crops to brush by planting native pollinator friendly prairie seed. This is expected to result in a reduction in the total peak flow rate. Table 3.2 - Post-Development Curve Number (disturbed and undisturbed) Soil Rating Cover Description CN Total (ac) B Brush – Brush Weed Grass Mixture; Good 58 17.1 C Brush – Brush Weed Grass Mixture; Good 98 11.1 - Access Road & Equipment Pad 98 1.6 Combined CN 57 For this report the total runoff reduction was analyzed to demonstrate that the change in cover type decreases the total peak flow rate and is below the allowable release rate for the project (per City of Yorkville requirements). By decreasing the total runoff there will be a net positive impact to the existing watershed. Rainfall depth frequency from the Illinois State Water Survey Bulletin 75 is provided in Appendix C. For the design of this report, the Huff Distribution Method in HydroCAD was used. Design was completed using the 2-year 24-hour and 100-year 24-hour storm events. Pre- and post-development stormwater calculations, as well as a graphical depiction of the model, are included with the HydroCAD reports in Appendix D. 4 4 CONCLUSION A comparison of the total allowable peak flow rate and post-development peak flow rate for the 2- year and 100-year 24 hour storm events are summarized in Table 4.1. The disturbed area flow rate was found by taking the disturbed area allowable release rate for each storm event and multiplying it by the total proposed impervious/disturbed area on site. This was then added to the undisturbed pre-development flow rate to find the total allowable flow rate for the project. This was compared to the total post-development flow rate to confirm that the proposed project decreases the total peak flow rate on site. Table 4.1 – Storm Frequency Flows (Total Allowable vs. Total Post-Development) Area (Acres) 2 – Year Storm Event (cfs) 100 - Year Storm Event (cfs) Undisturbed area pre-development peak flow rate 28.2 8.13 24.91 Disturbed area allowable peak flow rate (per City of Yorkville requirements – 2 year: 0.04 cfs/acre disturbed area 100 year: 0.15 cfs/acre disturbed area) 1.6 0.06 0.24 Total allowable peak flow rate (Undisturbed area pre-development area/flow + Disturbed area/flow) 29.8 8.19 25.15 Total post-development peak flow rate (Undisturbed area + Disturbed area) 29.8 1.74 15.42 As shown in Table 4.1, the total post-development peak flow rate for the project area has been reduced for the storm events due to an increase in infiltration from the proposed native pollinator friendly prairie seed mix which results in the use of a lower curve number. The proposed project will not change the existing drainage patterns and proposes a low impact design by stabilizing the undisturbed areas with a native pollinator friendly prairie seed mix. Therefore, the project will have a net positive impact on the watershed. The total post-development peak flow rates for both the 2- year and 100-year 24-hour storm events are below the total allowable peak flow rate, thus detention is not required. 5 APPENDIX A USDA NRCS SOILS REPORT Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 1 of 44617100461730046175004617700461790046181004618300461850046171004617300461750046177004617900461810046183004618500378000378200378400378600378800379000379200379400379600379800380000380200 377800 378000 378200 378400 378600 378800 379000 379200 379400 379600 379800 380000 380200 41° 42' 35'' N 88° 28' 7'' W41° 42' 35'' N88° 26' 19'' W41° 41' 42'' N 88° 28' 7'' W41° 41' 42'' N 88° 26' 19'' WN Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 16N WGS84 0 500 1000 2000 3000 Feet 0 150 300 600 900 Meters Map Scale: 1:11,400 if printed on A landscape (11" x 8.5") sheet. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Rating Polygons A A/D B B/D C C/D D Not rated or not available Soil Rating Lines A A/D B B/D C C/D D Not rated or not available Soil Rating Points A A/D B B/D C C/D D Not rated or not available Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:12,000. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Kendall County, Illinois Survey Area Data: Version 20, Aug 28, 2023 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Aug 3, 2019—Aug 24, 2019 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 2 of 4 Hydrologic Soil Group Map unit symbol Map unit name Rating Acres in AOI Percent of AOI 59A Lisbon silt loam, 0 to 2 percent slopes C/D 17.3 3.3% 60C2 La Rose silt loam, 5 to 10 percent slopes, eroded C 21.2 4.1% 60C3 La Rose clay loam, 5 to 10 percent slopes, severely eroded C 9.3 1.8% 67A Harpster silty clay loam, 0 to 2 percent slopes B/D 49.0 9.5% 149A Brenton silt loam, 0 to 2 percent slopes B/D 49.2 9.5% 152A Drummer silty clay loam, 0 to 2 percent slopes B/D 136.9 26.4% 206A Thorp silt loam, 0 to 2 percent slopes C/D 18.4 3.6% 219A Millbrook silt loam, 0 to 2 percent slopes C/D 40.1 7.7% 330A Peotone silty clay loam, 0 to 2 percent slopes C/D 40.9 7.9% 356A Elpaso silty clay loam, 0 to 2 percent slopes B/D 1.2 0.2% 512A Danabrook silt loam, 0 to 2 percent slopes C 7.5 1.4% 512B Danabrook silt loam, 2 to 5 percent slopes C 55.4 10.7% 541B Graymont silt loam, 2 to 5 percent slopes C 1.2 0.2% 663A Clare silt loam, 0 to 2 percent slopes C 6.9 1.3% 663B Clare silt loam, 2 to 5 percent slopes C 46.8 9.1% 791A Rush silt loam, 0 to 2 percent slopes B 9.4 1.8% 791B Rush silt loam, 2 to 4 percent slopes B 4.9 0.9% 865 Pits, gravel 1.9 0.4% Totals for Area of Interest 517.6 100.0% Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 3 of 4 Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long-duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B/D, and C/D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink-swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B/D, or C/D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff: None Specified Tie-break Rule: Higher Hydrologic Soil Group—Kendall County, Illinois Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 11/7/2023 Page 4 of 4 6 APPENDIX B PRE- AND POST-DEVELOPMENT DRAINAGE AREA MAPS DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-DAEXISTING DRAINAGEAREA MAP DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comPR-DAPROPOSED DRAINAGEAREA MAP 7 APPENDIX C ISWS BULLETIN 75 PRECIPITATION DATA 24 Table 7. Rainfall (inches) for Given Recurrence Interval for Section 2 (Northeast) Storm Duration 2- month 3- month 4- month 6- month 9- month 1- year 2- year 5- year 10- year 25- year 50- year 100- year 500- year 5 minutes 0.19 0.22 0.24 0.27 0.31 0.33 0.40 0.52 0.62 0.77 0.90 1.03 1.35 10 minutes 0.33 0.38 0.41 0.47 0.53 0.58 0.70 0.90 1.08 1.35 1.58 1.80 2.36 15 minutes 0.42 0.49 0.53 0.61 0.69 0.75 0.90 1.16 1.39 1.74 2.03 2.32 3.04 30 minutes 0.58 0.66 0.73 0.83 0.94 1.03 1.24 1.59 1.91 2.39 2.78 3.17 4.16 1 hour 0.74 0.84 0.93 1.05 1.20 1.30 1.57 2.02 2.42 3.03 3.53 4.03 5.28 2 hours 0.91 1.04 1.14 1.30 1.48 1.61 1.94 2.49 2.99 3.74 4.35 4.97 6.52 3 hours 1.00 1.15 1.26 1.44 1.63 1.77 2.14 2.75 3.30 4.13 4.80 5.49 7.20 6 hours 1.18 1.35 1.48 1.68 1.91 2.08 2.51 3.23 3.86 4.84 5.63 6.43 8.43 12 hours 1.37 1.56 1.71 1.95 2.21 2.41 2.91 3.74 4.48 5.61 6.53 7.46 9.78 18 hours 1.48 1.69 1.85 2.11 2.39 2.61 3.14 4.04 4.84 6.06 7.05 8.06 10.57 24 hours 1.57 1.80 1.97 2.24 2.55 2.77 3.34 4.30 5.15 6.45 7.50 8.57 11.24 48 hours 1.72 1.97 2.16 2.46 2.79 3.04 3.66 4.71 5.62 6.99 8.13 9.28 12.10 72 hours 1.87 2.14 2.34 2.67 3.03 3.30 3.97 5.08 6.05 7.49 8.64 9.85 12.81 120 hours 2.08 2.38 2.61 2.97 3.37 3.67 4.42 5.63 6.68 8.16 9.39 10.66 13.81 240 hours 2.63 3.01 3.30 3.76 4.27 4.65 5.60 7.09 8.25 9.90 11.26 12.65 16.00 8 APPENDIX D HYDROCAD REPORT FOR 2-YEAR & 100-YEARSTORM EVENT 1Drainage Area 1 OF OUTFALL Routing Diagram for 22001787-Yorkville Solar-Existing Prepared by Atwell, LLC, Printed 8/16/2024 HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcat Reach Pond Link 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 2HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Rainfall Events Listing Event# Event Name Storm Type Curve Mode Duration (hours) B/B Depth (inches) AMC 1 2-Year Huff 0-10sm 3Q Scale 24.00 1 3.34 2 2 100-Year Huff 0-10sm 3Q Scale 24.00 1 8.57 2 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 3HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Area Listing (all nodes) Area (acres) CN Description (subcatchment-numbers) 10.910 85 Row crops, straight row, Good, HSG C (1) 17.240 89 Row crops, straight row, Good, HSG D (1) 28.150 87 TOTAL AREA 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 4HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Soil Listing (all nodes) Area (acres) Soil Group Subcatchment Numbers 0.000 HSG A 0.000 HSG B 10.910 HSG C 1 17.240 HSG D 1 0.000 Other 28.150 TOTAL AREA 22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 5HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Ground Covers (all nodes) HSG-A (acres) HSG-B (acres) HSG-C (acres) HSG-D (acres) Other (acres) Total (acres) Ground Cover Subcatchment Numbers 0.000 0.000 10.910 17.240 0.000 28.150 Row crops, straight row, Good 1 0.000 0.000 10.910 17.240 0.000 28.150 TOTAL AREA Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 6HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=28.150 ac 0.00% Impervious Runoff Depth=2.04"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=34.3 min CN=87 Runoff=8.13 cfs 4.784 af Inflow=8.13 cfs 4.784 afReach OF: OUTFALL Outflow=8.13 cfs 4.784 af Total Runoff Area = 28.150 ac Runoff Volume = 4.784 af Average Runoff Depth = 2.04" 100.00% Pervious = 28.150 ac 0.00% Impervious = 0.000 ac Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 7HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Runoff = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af, Depth= 2.04" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Area (ac) CN Description 10.910 85 Row crops, straight row, Good, HSG C 17.240 89 Row crops, straight row, Good, HSG D 28.150 87 Weighted Average 28.150 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 3.7 100 0.0340 0.45 Sheet Flow, Sheet Flow (Row Crop) Cultivated: Residue<=20% n= 0.060 P2= 3.34" 8.1 500 0.0130 1.03 Shallow Concentrated Flow, Shallow Conc. (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 22.5 543 0.0020 0.40 Shallow Concentrated Flow, Shallow Conc (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 34.3 1,143 Total Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)9876543210Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Runoff Area=28.150 ac Runoff Volume=4.784 af Runoff Depth=2.04" Flow Length=1,143' Tc=34.3 min CN=87 8.13 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 8HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 28.150 ac, 0.00% Impervious, Inflow Depth = 2.04" for 2-Year event Inflow = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af Outflow = 8.13 cfs @ 16.04 hrs, Volume= 4.784 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)9876543210Inflow Area=28.150 ac 8.13 cfs 8.13 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 9HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=28.150 ac 0.00% Impervious Runoff Depth=7.01"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=34.3 min CN=87 Runoff=24.91 cfs 16.434 af Inflow=24.91 cfs 16.434 afReach OF: OUTFALL Outflow=24.91 cfs 16.434 af Total Runoff Area = 28.150 ac Runoff Volume = 16.434 af Average Runoff Depth = 7.01" 100.00% Pervious = 28.150 ac 0.00% Impervious = 0.000 ac Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 10HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Runoff = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af, Depth= 7.01" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Area (ac) CN Description 10.910 85 Row crops, straight row, Good, HSG C 17.240 89 Row crops, straight row, Good, HSG D 28.150 87 Weighted Average 28.150 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 3.7 100 0.0340 0.45 Sheet Flow, Sheet Flow (Row Crop) Cultivated: Residue<=20% n= 0.060 P2= 3.34" 8.1 500 0.0130 1.03 Shallow Concentrated Flow, Shallow Conc. (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 22.5 543 0.0020 0.40 Shallow Concentrated Flow, Shallow Conc (Row Crop) Cultivated Straight Rows Kv= 9.0 fps 34.3 1,143 Total Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)26 24 22 20 18 16 14 12 1086420 Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Runoff Area=28.150 ac Runoff Volume=16.434 af Runoff Depth=7.01" Flow Length=1,143' Tc=34.3 min CN=87 24.91 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Existing Printed 8/16/2024Prepared by Atwell, LLC Page 11HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 28.150 ac, 0.00% Impervious, Inflow Depth = 7.01" for 100-Year event Inflow = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af Outflow = 24.91 cfs @ 15.97 hrs, Volume= 16.434 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)26 24 22 20 18 16 14 12 1086420 Inflow Area=28.150 ac 24.91 cfs 24.91 cfs 1Drainage Area 1 OF OUTFALL Routing Diagram for 22001787-Yorkville Solar-Proposed Prepared by Atwell, LLC, Printed 8/16/2024 HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcat Reach Pond Link 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 2HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Rainfall Events Listing Event# Event Name Storm Type Curve Mode Duration (hours) B/B Depth (inches) AMC 1 2-Year Huff 0-10sm 3Q Scale 24.00 1 3.34 2 2 100-Year Huff 0-10sm 3Q Scale 24.00 1 8.57 2 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 3HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Area Listing (all nodes) Area (acres) CN Description (subcatchment-numbers) 1.640 98 Access Road + Equipment Pad (1) 17.060 48 Brush, Good, HSG B (1) 11.090 65 Brush, Good, HSG C (1) 29.790 57 TOTAL AREA 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 4HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Soil Listing (all nodes) Area (acres) Soil Group Subcatchment Numbers 0.000 HSG A 17.060 HSG B 1 11.090 HSG C 1 0.000 HSG D 1.640 Other 1 29.790 TOTAL AREA 22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 5HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Ground Covers (all nodes) HSG-A (acres) HSG-B (acres) HSG-C (acres) HSG-D (acres) Other (acres) Total (acres) Ground Cover Subcatchment Numbers 0.000 0.000 0.000 0.000 1.640 1.640 Access Road + Equipment Pad 1 0.000 17.060 11.090 0.000 0.000 28.150 Brush, Good 1 0.000 17.060 11.090 0.000 1.640 29.790 TOTAL AREA Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 6HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=29.790 ac 5.51% Impervious Runoff Depth=0.36"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=53.7 min CN=57 Runoff=1.74 cfs 0.888 af Inflow=1.74 cfs 0.888 afReach OF: OUTFALL Outflow=1.74 cfs 0.888 af Total Runoff Area = 29.790 ac Runoff Volume = 0.888 af Average Runoff Depth = 0.36" 94.49% Pervious = 28.150 ac 5.51% Impervious = 1.640 ac Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 7HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Assume drained condtion of B/D and C/D soils Runoff = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af, Depth= 0.36" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Area (ac) CN Description 11.090 65 Brush, Good, HSG C 17.060 48 Brush, Good, HSG B * 1.640 98 Access Road + Equipment Pad 29.790 57 Weighted Average 28.150 94.49% Pervious Area 1.640 5.51% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 11.3 100 0.0340 0.15 Sheet Flow, Sheet Flow (Row Crop) Grass: Dense n= 0.240 P2= 3.34" 10.4 500 0.0130 0.80 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 24.1 320 0.0010 0.22 Shallow Concentrated Flow, Shallow Conc (Brush) Short Grass Pasture Kv= 7.0 fps 0.2 20 0.0100 2.03 Shallow Concentrated Flow, Shallow Conc. (Gravel) Paved Kv= 20.3 fps 7.7 203 0.0039 0.44 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 53.7 1,143 Total Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 8HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)10Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34" Runoff Area=29.790 ac Runoff Volume=0.888 af Runoff Depth=0.36" Flow Length=1,143' Tc=53.7 min CN=57 1.74 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 2-Year Rainfall=3.34"22001787-Yorkville Solar-Proposed Printed 8/16/2024Prepared by Atwell, LLC Page 9HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 29.790 ac, 5.51% Impervious, Inflow Depth = 0.36" for 2-Year event Inflow = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af Outflow = 1.74 cfs @ 17.13 hrs, Volume= 0.888 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)10Inflow Area=29.790 ac 1.74 cfs 1.74 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 10HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Time span=0.00-120.00 hrs, dt=0.01 hrs, 12001 points Runoff by SCS TR-20 method, UH=SCS, Weighted-CN Reach routing by Stor-Ind method - Pond routing by Stor-Ind method Runoff Area=29.790 ac 5.51% Impervious Runoff Depth=3.41"Subcatchment 1: Drainage Area 1 Flow Length=1,143' Tc=53.7 min CN=57 Runoff=15.42 cfs 8.475 af Inflow=15.42 cfs 8.475 afReach OF: OUTFALL Outflow=15.42 cfs 8.475 af Total Runoff Area = 29.790 ac Runoff Volume = 8.475 af Average Runoff Depth = 3.41" 94.49% Pervious = 28.150 ac 5.51% Impervious = 1.640 ac Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 11HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Subcatchment 1: Drainage Area 1 Assume drained condtion of B/D and C/D soils Runoff = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af, Depth= 3.41" Routed to Reach OF : OUTFALL Runoff by SCS TR-20 method, UH=SCS, Weighted-CN, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Area (ac) CN Description 11.090 65 Brush, Good, HSG C 17.060 48 Brush, Good, HSG B * 1.640 98 Access Road + Equipment Pad 29.790 57 Weighted Average 28.150 94.49% Pervious Area 1.640 5.51% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 11.3 100 0.0340 0.15 Sheet Flow, Sheet Flow (Row Crop) Grass: Dense n= 0.240 P2= 3.34" 10.4 500 0.0130 0.80 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 24.1 320 0.0010 0.22 Shallow Concentrated Flow, Shallow Conc (Brush) Short Grass Pasture Kv= 7.0 fps 0.2 20 0.0100 2.03 Shallow Concentrated Flow, Shallow Conc. (Gravel) Paved Kv= 20.3 fps 7.7 203 0.0039 0.44 Shallow Concentrated Flow, Shallow Conc. (Brush) Short Grass Pasture Kv= 7.0 fps 53.7 1,143 Total Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 12HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Subcatchment 1: Drainage Area 1 Runoff Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)17 16 15 14 13 12 11 109876543210 Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57" Runoff Area=29.790 ac Runoff Volume=8.475 af Runoff Depth=3.41" Flow Length=1,143' Tc=53.7 min CN=57 15.42 cfs Huff 0-10sm 3Q scaled to 24.00 hrs 100-Year Rainfall=8.57"22001787-Yorkville Solar-Propos Printed 8/16/2024Prepared by Atwell, LLC Page 13HydroCAD® 10.20-3f s/n 11885 © 2023 HydroCAD Software Solutions LLC Summary for Reach OF: OUTFALL [40] Hint: Not Described (Outflow=Inflow) Inflow Area = 29.790 ac, 5.51% Impervious, Inflow Depth = 3.41" for 100-Year event Inflow = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af Outflow = 15.42 cfs @ 16.41 hrs, Volume= 8.475 af, Atten= 0%, Lag= 0.0 min Routing by Stor-Ind method, Time Span= 0.00-120.00 hrs, dt= 0.01 hrs Reach OF: OUTFALL Inflow Outflow Hydrograph Time (hours) 12011511010510095908580757065605550454035302520151050Flow (cfs)17 16 15 14 13 12 11 109876543210 Inflow Area=29.790 ac 15.42 cfs 15.42 cfs YORKVILLE RENEWABLES Culvert Computations North Culvert: Drainage Area: 12.3± acres Composite C: 0.44 Impervious Area: 2.1± acres (assume C=0.85) Pervious Area: 10.2± acres (assume C=0.35) Time of concentration: 27.6 min (see attached pdf) Rainfall intensity: 6.5 in/hr (100-year) Q=CIA Q=(0.44)x(6.5)x(12.3)=35.18 cfs Proposed 18” CMP culvert – Not sized adequately. However, an 18”X40’ CMP culvert was specifically requested by the Kendall County HWY department as it is greatly improving the existing condition of an 8” PVC pipe (see attached email) East Culvert: Drainage Area: 1.2± acres Composite C: 0.44 Impervious Area: 0.2± acres (assume C=0.90) Pervious Area: 1.0± acres (assume C=0.35) Time of concentration: 9.0 min (see attached pdf) Rainfall intensity: 10.5 in/hr (100-year) Q=CIA Q=(0.44)x(10.5)x(1.2)= 5.5 cfs Proposed 18” RCP culvert – Sized adequately. DDrawing Title:Project:P.E. seal/Consultant:GALENA ROADYORKVILLE, ILLINOIS 60512YORKVILLE RENEWABLESDrawn by: LEHApproved by: MBKDwg No:Sheet Rev:Size: D Scale: As NotedCompany Confidential - This drawing or print is the property of Nexamp, Inc. and is subject to return on request. The design concepts and information contained herein are proprietary to Nexamp, Inc.and its subsidiaries and are submitted in confidence. They are not transferable and must be used only for the purpose forwhich the Drawing/print is expressly loaned. They must not be disclosed, reproduced detrimental to the interest of Nexamp, Inc. All patent rights are reserved unless they are expressly assigned in writing by a duly authorized representative of Nexamp, inc.101 Summer Street, 2nd Flr, Boston, MA 02110Tel: (617) 431-1440 Fax: (978) 416-2525 Web: nexamp.comEX-01CULVERT DRAINAGE AREAS Project By LEH Location Checked Check one: Check one: Notes: Space for as many as two segments per flow type can be used for each worksheet. Include a map, schematic, or description of flow segments. Segment ID A 1 Surface description (table 3-1)Cultivated soils: Residue cover ≤20% 2 Manning’s roughness coefficient, n (table 3-1)0.06 3 Flow length, L (total L † 300 ft) (ft)100 4 Two-year 24-hour rainfall, P2 (in)3.34 5 Land slope, s (ft/ft)0.01 6 Tt = 0.007 (nL)0.8 /(P2 0.5s0.4) Compute Tt (hr)0.10 +0.00 =0.10 Shallow concentrated flow Segment ID B 7 Surface description (paved or unpaved) Unpaved 8 Flow length, L (ft)489 9 Watercourse slope, s (ft/ft)0.012 10 Average velocity, V (figure 3-1) (ft/s)1.77 11 Tt = L/(3600 V) Computer Tt (hr)0.08 +0.00 =0.08 Channel flow Segment ID 12 Cross sectional flow area, a (ft2)0.9 13 Wetted perimeter, pwa (ft)6 14 Hydraulic radius, r = a/pw Compute r (ft)0.150 15 Channel slope, s (ft/ft)0.0085 16 Manning’s roughness coefficient, n 0.03 17 V = (1.49/n) r2/3 s1/2 (ft/s)1.29 18 Flow length, L (ft)1303 19 Tt = L/(3600 V) Compute Tt (hr)0.28 0.00 =0.28 20 Watershed or subarea Tc or Tt (add Tt in steps 6, 11, and 19)Hr 0.46 Worksheet 3: Time of Concentration (Tc) or travel time (Tt) for North Culvert Date Yorkville Renewables, LLC 8/16/2024 Date Galena Road, Yorkville, Kendall County, Illinois Present Tc Developed Tt through subarea Project By LEH Location Checked Check one: Check one: Notes: Space for as many as two segments per flow type can be used for each worksheet. Include a map, schematic, or description of flow segments. Segment IDA 1 Surface description (table 3-1) Smooth surfaces (concrete, asphalt, gravel, or bare soil) 2 Manning’s roughness coefficient, n (table 3-1)0.0113 Flow length, L (total L † 300 ft) (ft)17 4 Two-year 24-hour rainfall, P2 (in)3.34 5 Land slope, s (ft/ft)0.016Tt = 0.007 (nL)0.8 /(P2 0.5s 0.4 ) Compute T t (hr)0.01 + 0.00=0.01 Shallow concentrated flow Segment IDB 7 Surface description (paved or unpaved) Unpaved 8 Flow length, L (ft)83 9 Watercourse slope, s (ft/ft)0.01 10 Average velocity, V (figure 3-1) (ft/s)1.61 11Tt = L/(3600 V) Computer T t (hr)0.01 + 0.00=0.01 Channel flow Segment ID 12 Cross sectional flow area, a (ft2)2.25 13 Wetted perimeter, pw a (ft)10 14 Hydraulic radius, r = a/p w Compute r (ft)0.225 15 Channel slope, s (ft/ft)0.0055 16 Manning’s roughness coefficient, n 0.03 17 V = (1.49/n) r 2/3 s1/2 (ft/s)1.36 18 Flow length, L (ft)658 19Tt = L/(3600 V) Compute T t (hr)0.13 0.00=0.13 20 Watershed or subarea Tc or Tt (add Tt in steps 6, 11, and 19)Hr 0.15 Worksheet 3: Time of Concentration (Tc) or travel time (Tt) for East Culvert Date Yorkville Renewables, LLC 8/16/2024 Date Galena Road, Yorkville, Kendall County, IllinoisPresentTcDevelopedTt through subarea Culvert ReportHydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc. Friday, Aug 16 2024Yorkville Renewables - North CulvertInvert Elev Dn (ft) = 651.67Pipe Length (ft) = 40.00Slope (%) = 0.60Invert Elev Up (ft) = 651.91Rise (in) = 18.0 Shape = CircularSpan (in) = 18.0No. Barrels = 1n-Value = 0.023Culvert Type = Circular Corrugate Metal Pipe Culvert Entrance = Headwall Coeff. K,M,c,Y,k = 0.0078, 2, 0.0379, 0.69, 0.5EmbankmentTop Elevation (ft) = 655.50Top Width (ft) = 23.50Crest Width (ft) = 10.00Calculations Qmin (cfs) = 35.18 Qmax (cfs) = 35.18 Tailwater Elev (ft) = CriticalHighlighted Qtotal (cfs) = 35.18 Qpipe (cfs) = 13.26 Qovertop (cfs) = 21.92 Veloc Dn (ft/s) = 7.88 Veloc Up (ft/s) = 7.50HGL Dn (ft) = 653.03HGL Up (ft) = 654.99Hw Elev (ft) = 656.30Hw/D (ft) = 2.93Flow Regime = Outlet Control Culvert ReportHydraflow Express Extension for Autodesk® Civil 3D® by Autodesk, Inc. Friday, Aug 16 2024Yorkville Renewables - East CulvertInvert Elev Dn (ft) = 646.49Pipe Length (ft) = 40.00Slope (%) = 0.38Invert Elev Up (ft) = 646.64Rise (in) = 18.0 Shape = CircularSpan (in) = 18.0No. Barrels = 1n-Value = 0.012Culvert Type = Circular Concrete Culvert Entrance = Square edge w/headwall (C) Coeff. K,M,c,Y,k = 0.0098, 2, 0.0398, 0.67, 0.5EmbankmentTop Elevation (ft) = 650.25Top Width (ft) = 23.00Crest Width (ft) = 10.00Calculations Qmin (cfs) = 5.50 Qmax (cfs) = 5.50 Tailwater Elev (ft) = CriticalHighlighted Qtotal (cfs) = 5.50 Qpipe (cfs) = 5.50 Qovertop (cfs) = 0.00 Veloc Dn (ft/s) = 4.95 Veloc Up (ft/s) = 4.94HGL Dn (ft) = 647.39HGL Up (ft) = 647.54Hw Elev (ft) = 648.02Hw/D (ft) = 0.92Flow Regime = Inlet Control 4 From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Friday, October 21, 2022 3:34 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Matthew, I visited the site today to confirm a couple things. As shown in your plans, there is currently an 8” PVC culvert located at the existing entrance. I’m not exactly sure how long this has been there; but it does not, in any way, meet County specifications. However, since there is this existing access to Galena Road for the proposed solar field, I am of the opinion that we could likely consider this a “grandfathered” entrance. This would not work if there was a “significant change in trip generation”, as defined by the Kendall County Highway Access Regulation Ordinance. But since the number of vehicles going to and from the solar field, once constructed, should be extremely small, I believe it would not trigger the significant change in trip generation clause, and subsequent additional requirements found in the KCHARO. Bottom line is that the existing 8” PVC culvert must be removed in its entirety. It must be replaced with 18” dia. x 40’ long CMP or RCP. We recommend using upstream and downstream elevations of the Galena Road ditch at least 100’ away from the proposed culvert so that the new culvert and ditch grades will mesh with the existing Galena Road ditch. Because this is simply a removal and replacement of an existing entrance, I really don’t need a new Application for Access Permit. This work will simply need to be done as part of NexAmp’s site work. An aggregate construction entrance or all weather surface (HMA) should be placed within the entire Galena Road right-of- way to help keep dirt/debris off Galena Road. If there are any other projects besides the solar field that will use this entrance, and those uses constitute a significant change in trip generation, as defined by the KCHARO, then everything discussed above is moot, and compliance with the access ordinance will be required. Specifically, it would then limit the access to right in / right out, and additional turn lanes could be required. But as I see it right now, reconstruction of the existing entrance will likely be all that is required at this point. Please let me know if you have any additional questions. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, October 21, 2022 8:12 AM To: Fran Klaas <FKlaas@kendallcountyil.gov>; Web_Email_Highway <Web_Email_Highway@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: [External]RE: Yorkville Solar Access Permit Application CAUTION - This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Atwell, L.L.C. Project Yorkville Renewables, LLC 1250 East Diehl Road, Suite 300 Location (630) 577-0800 Site:4.95 MWAC Parcel ID:02-08-200-030 & 02-05-400-005 Date 8/15/2024 Engineer's Opinion of Probable Decommissioning Cost for Yorkville Solar Estimated Quantity Unit Unit Cost Removal Cost Notes Erosion Control/Contractor Fees Mobilization 1 LUMP SUM $10,000.00 $10,000.00 Electrical Disconnect 1 EACH $500.00 $500.00 Permitting (NPDES)1 LUMP SUM $750.00 $750.00 SWPPP - LUMP SUM $0.00 $0.00 Silt Fence 5,950 LF $2.50 $14,875.00 Silt fence for access road removal Seeding 3.5 ACRES $1,000.00 $3,500.00 Seeding access road removal only. Pollinator grass to remain. Sub-Total $29,625.00 Site Demolition Remove Existing 18" CMP Culvert 40 LF $15.00 $600.00 Remove Existing 18" RCP Culvert 40 LF $18.00 $720.00 Remove Existing Fence (8' Chainlink Fence)4,587 LF $3.85 $17,659.95 Assuming 5.6 lb per LF Remove Existing Gravel Road (18" depth)3,913 CY $5.00 $19,563.76 Haul off for Existing Gravel Road (18" depth)3,913 CY $10.00 $39,127.52 Sub-Total $77,671.23 Racking and Module Removal Pile Removal 1,939 EACH $6.00 $11,634.00 Assembly Removal 1,939 EACH $1.25 $2,423.75 PV Module Removal 11,712 EACH $1.00 $11,712.00 PV Module Haul Off 375 TON $45.00 $16,865.28 Assume 0.032 tons per module for the removal weight Sub-Total $42,635.03 Wiring Removal Underground MV Wire (AL)7,072 LF $2.00 $14,144.00 Utility Pole Removal 7 EACH $750.00 $5,250.00 Underground PV Wire (~400kcmil)13,145 LF $2.00 $26,290.00 Underground GND Wire (DC side, ~2 AWG)13,045 LF $2.00 $26,090.00 Underground LV Wire 71,425 LF $2.00 $142,850.00 Above Ground MV Wire 245 LF $0.10 $24.50 Combiner Box Removal 36 EACH $80.00 $2,880.00 Sub-Total $217,528.50 Power Conditioning Equipment Removal PCU Station (inverters, etc.)1 EACH $400.00 $400.00 Scada Equipment 1 EACH $280.00 $280.00 Transformer 1 EACH $1,800.00 $1,800.00 Sub-Total $2,480.00 Equipment Pad Removal Remove Pad 1 EACH $750.00 $750.00 Sub-Total $750.00 DECOMMISSIONING PRESENT VALUE $370,689.76 DECOMMISSIONING TOTAL (@3% inflation over 40 years)$1,209,203.99 DECOMMISSIONING SURETY (TOTAL X 120%)$1,451,045.00 Assumptions: 1. 2. 3. Galena Road, City of Yorkville, Kendall County, Bristol Township, Illinois Cost Estimate based on 3-year projections. Estimate to be redone in 3-years based on new fees at that time. Note: This Engineer's Opinion of Probable Cost is made on the basis of Engineer's experience and qualifications using estimated quantities and represents Engineer's best judgment as an experienced and qualified professional Engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, or over quantities of work actually performed, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from Opinions of Probable Construction Cost prepared by Engineer. This Opinion of Probable Construction Cost is limited to those items stated herein. Refer to Decommissioning Plan for further information. Cost Estimate is based on the Fina Site Plans prepared by Atwell, LLC dated 8/15/2024. 101 N Wacker Drive, Suite 200 March 9, 2022 -REVISED JUNE 14, 2024 Krysti Barksdale-Noble, Community Development Director Village of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re:Planned Development Amendment –Project Narrative Proposed 5MW Ground-Mounted Solar Garden Applicant:Yorkville Renewables, LLC Location:10292 Galena Road, Yorkville, IL Dear Ms.Barksdale-Noble, Members of the Community Development Committee,Planning Commission & City Council: On behalf of Yorkville Renewables, LLC, please find enclosed and below is our: Project narrative and with project details Special Use Permit Application Packet: o Special Use Permit Application o Special Use Permit Plan Set o Electrical Diagram o Manufacturer’s Specifications o Glare Analysis o Interconnection Agreement o Decommissioning Plan o Plat of Survey o Legal Description o Areal Map Application fee Project Narrative: Yorkville Renewables, LLC is requesting an approval for a Planned Development Amendment to allow for development of a 5MW (AC) ground-mounted distributed generation solar garden facility on an existing farmland parcel of approximately 73.5-acres near the SWC of Galena Road and IL Route 47.The project intends develop approximately 23 acres of the overall parcel. Nexamp Background: In 2007, U.S. Army veterans Will Thompson and Dan Leary realized a vision for making a range of renewable energy options more affordable and accessible to homeowners and businesses throughout the Commonwealth of Massachusetts. The pair launched NexGen Energy Solutions, a turnkey provider of renewable energy and carbon solutions, in their hometown of North Andover, Massachusetts. NexGen became Nexamp later in 2007. 101 N Wacker Drive, Suite 200 During the early years, Nexamp delivered a variety of energy systems for residential, commercial, municipal and agricultural customers. Energy solutions offered included solar PV, solar thermal, micro- wind, geothermal heating and cooling, and a wide array of energy efficiency services. In 2011, the company began shifting its focus fully toward commercial and industrial solar facilities, working with businesses and municipalities that wanted to offset their traditional utility energy power using on-site renewable solar generation. 2015 marked Nexamp’s first Community Solar project and the beginning of a new chapter for the company. Leveraging its integrated approach of developing, building, owning and operating solar plants, Nexamp turned its focus to community solar, and alongside that the mission of making the benefits of solar power available to everyone—homeowners, renters, non-profits, small businesses, farms and more. Nexamp was named NECEC Clean Energy Company of the Year in 2015 and a Solar Power World Top 3 Commercial Solar Developer in 2017. In 2016, Mitsubishi’s Diamond Generating Corporation made a significant investment in Nexamp, and in 2018 the group made an additional investment that gave it a controlling interest. Serving a rapidly expanding network of individuals, property owners, businesses and communities that benefit from its nationally distributed portfolio of solar assets, Nexamp is a Massachusetts-based, nationally headquartered solar company that is laying the groundwork for a cleaner, more secure and resilient energy future. Project Details: In your review of this Planned Development Amendment request, we ask that staff, the Community Development Committee,Planning Commission and the City Council consider the following: I. Project components: Solar modules (i.e. panels) are mounted on racking that slowly rotate and track the sun; there are approximately 11,712 modules proposed to be installed; At full tilt, the height of the solar array will be up to 20 feet in height; The solar modules are treated with anti-reflective coating to minimize glare; The racking is mounted to metal piles. Concrete foundations are not anticipated; The system will be remotely monitored, meaning there will be little traffic generated; Electrical cables will be installed underground for the entire project with exception of a series of poles necessary to interconnect with the ComEd grid along IL Route 47; Perimeter security fencing at 8 ft. height; Location of proposed structures is in compliance with City setback requirements; Existing drainage patterns will be maintained throughout the site to the maximum extent possible; Limited area of gravel driveway for site access and maintenance; The inverter and transformer with be located on a concrete equipment pad; Disturbed areas will be re-vegetated with a low-mow native seed mix; We have included with our submission a decommissioning plan; 101 N Wacker Drive, Suite 200 II. Construction: Estimated approximately 30 to 40 jobs will be created during construction; Most jobs will be local but some may be brought in if the skill set required is not available; Typical jobs created include construction jobs -i.e. equipment operators, electricians, fence installers, laborers and construction managers; III. Development Schedule: Anticipated construction start is Fall 2023, depending on a number of factors; Duration of construction is typically +/-5 months; IV. Traffic: Construction traffic will typically be standard semi-tractor trailers –oversized loads are not anticipated. At the start of construction there may be a half dozen deliveries a day and will then taper off to 1 to 2 delivery trucks per day; There will be proximately 30 –40 employees at a time during construction; Maintenance: There are typically several site visits per year to maintain the system; No employees will be permanently located on-site; The site will be remotely monitored via a data. Typically,Nexamp relies on rainfall to clean the panel surfaces. As such, it is not anticipated chemicals for cleaning the solar panels will be used, stored or disposed of on this site; V. Compliance with Standards for Special Use Permits (10-19-4(C)): We believe the proposed project wholly meets the Special Use Permit review finding of fact criteria outlined in the City Unified Development Ordinance Section 10-19-4(C). 1.The City Council shall determine that the application has met all of the general requirements of this chapter. The proposed project meets all the general requirements of the City Zoning Ordinance applicable to the subject property and proposed use. 2.The proposed energy system shall further the intent of this chapter and provide renewable energy to the property on which it is proposed. The proposed project meets the intent of the City Zoning Ordinance and will provide renewable energy to the northern Illinois community. 101 N Wacker Drive, Suite 200 3.The proposed alternative energy system is located in such a manner as to minimize intrusions on adjacent residential uses through siting on the lot, selection of appropriate equipment, and other applicable means. The proposed project will not be injurious to the use and enjoyment nearby residential property in the immediate vicinity for the purposes already permitted by the zoning standards. Care has been taken to locate the proposed solar system over 1,000 feet from the nearest residential structure (from nearest existing residential structure to the nearest proposed module). Additionally, there is significant proposed landscape screening proposed that will buffer the south and east sides of the project providing visual relief. 4.The establishment for the proposed alternative energy system will not prevent the normal and orderly use, development or improvement of the adjacent property for uses permitted in the district. The project designed to heavily screen by proposed solar system and setback in excess of ordinance requirements, particularly from the residential properties. The project will protect open space and the underlying farmland as after the project is decommissioned the land can be returned to traditional farming or other uses. This project will not impede normal and orderly development in the City of Yorkville. On behalf of Yorkville Renewables, LLC project we thank you in advance for your consideration of our request for approval. We look forward to review of our submittal at the next Community Development meeting and Planning & Zoning Commission meetings. In the interim, please contact us with any questions regarding our submittal or if any additional information is required. Sincerely, Matt Walsh Business Development Director P: 847.212.1585 E: mwalsh@nexamp.com 1 Michael Keith From:Matthew Brown Sent:Wednesday, November 9, 2022 1:40 PM To:Matt Walsh; Jack Curry Cc:Michael Keith; Perry Ryan Subject:FW: [External]RE: Yorkville Solar Access Permit Application Follow Up Flag:Follow up Flag Status:Flagged Matt/Jack, Please see below for the Yorkville access road & temporary construction widening approval. We can discuss this further at the meeting this afternoon. Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Tuesday, November 8, 2022 2:24 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Yep. That works. Your plan is hereby approved. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Tuesday, November 8, 2022 12:15 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, I went through this morning and ran a truck turn analysis on the site with the 50’ culvert which would allow turn radii up to 45’ (while still allowing room for ditch grading), and I believe it would still be a difficult turn for the construction traffic 2 to make. I would estimate we would need around a 60’ culvert if it were to function for construction traffic. As such, we are thinking the temporary widening would be the route we would like to proceed with. This would allow the construction traffic to enter/exit the site and then after construction, the culvert would be reduced down to the 40’ requirement with the road radii of 35’ as shown on the previous plan. Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Monday, November 7, 2022 8:06 AM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Do to the unique nature of this project, we would be willing to allow you to place a 50’ long culvert. Would that work for both temporary and permanent? If not, a temporary widening would be acceptable. This temporary widening would expire after 12 months, and the permanent pipe length would then be required. Let me know how you would like to proceed. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, November 4, 2022 11:13 AM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, We have gone through and revised the drawings as recommended. This includes the reduction of the radii on the entrance in order to accommodate the 40’ culvert. Because of this, we were wondering if it would b e possible to provide a wider entrance and longer culvert on a temporary basis during construction only to alleviate some concerns of getting construction/delivery vehicles in and out of the site. The final permanent drive would then match what is now show on the revised plans. Please let us know if this revised plan is acceptable, and if the proposed temporary widening would be allowed. Thanks! Revised plans (2022-11-04): https://atwell-group.sharefile.com/d-sb86de87732df482cb68f2245af8e2a1e (-> linkprotect.cudasvc.com) Best Regards, 3 Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Tuesday, November 1, 2022 11:44 AM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application The revised plans appear to show that the new 18” CMP is significantly longer than the 40’ requested. I believe the 40’ requested is long enough to serve the needs of this access point. You may need to revise your radius returns to 50’. Please revise accordingly. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Thursday, October 27, 2022 1:49 PM To: Fran Klaas <FKlaas@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Hello, Thanks for all of the good information. As far as I know, the solar facility is the only anticipated project that will utilize this entrance, so as you stated, there shouldn’t be a significant change in trip generation. We have gone through and revised the plans to show the removal of the 8” PVC and replacement with an 18” CMP culvert as recommended (See sheet C-05). I will provide a link to the revised plans below (dated 2022-10-27). Please let us know if this new culvert layout is satisfactory, and if so, we will move forward using this culvert layout for the project. https://atwell-group.sharefile.com/d-sea34864c695a4f49b3e844ffe558f503 (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) 4 From: Fran Klaas <FKlaas@kendallcountyil.gov> Sent: Friday, October 21, 2022 3:34 PM To: Matthew Brown <mbrown@atwell-group.com> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: RE: [External]RE: Yorkville Solar Access Permit Application Matthew, I visited the site today to confirm a couple things. As shown in your plans, there is currently an 8” PVC culvert located at the existing entrance. I’m not exactly sure how long this has been there; but it does not, in any way, meet County specifications. However, since there is this existing access to Galena Road for the proposed solar field, I am of the opinion that we could likely consider this a “grandfathered” entrance. This would not work if there was a “significant change in trip generation”, as defined by the Kendall County Highway Access Regulation Ordinance. But since the number of vehicles going to and from the solar field, once constructed, should be extremely small, I believe it would not trigger the significant change in trip generation clause, and subsequent additional requirements found in the KCHARO. Bottom line is that the existing 8” PVC culvert must be removed in its entirety. It must be replaced with 18” dia. x 40’ long CMP or RCP. We recommend using upstream and downstream elevations of the Galena Road ditch at least 100’ away from the proposed culvert so that the new culvert and ditch grades will mesh with the existing Galena Road ditch. Because this is simply a removal and replacement of an existing entrance, I really don’t need a new Application for Access Permit. This work will simply need to be done as part of NexAmp’s site work. An aggregate construction entrance or all weather surface (HMA) should be placed within the entire Galena Road right-of- way to help keep dirt/debris off Galena Road. If there are any other projects besides the solar field that will use this entrance, and those uses constitute a significant change in trip generation, as defined by the KCHARO, then everything discussed above is moot, and compliance with the access ordinance will be required. Specifically, it would then limit the access to right in / right out, and additional turn lanes could be required. But as I see it right now, reconstruction of the existing entrance will likely be all that is required at this point. Please let me know if you have any additional questions. Francis C. Klaas, P.E. Kendall County Engineer 6780 Route 47, Yorkville, IL 60560 (630) 553-7616 fklaas@kendallcountyil.gov From: Matthew Brown <mbrown@atwell-group.com> Sent: Friday, October 21, 2022 8:12 AM To: Fran Klaas <FKlaas@kendallcountyil.gov>; Web_Email_Highway <Web_Email_Highway@kendallcountyil.gov> Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: [External]RE: Yorkville Solar Access Permit Application CAUTION - This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, 5 I was just wanting to follow up on this since I hadn’t heard anything back yet. I was just wanting to confirm that the previous email and associated documents arrived correctly. If you could please confirm whether the previous email arrived and provide an approximate timeline for the permit, that would be greatly appreciated. Thanks in advance! Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) From: Matthew Brown Sent: Thursday, October 13, 2022 10:26 AM To: fklaas@kendallcountyil.gov Cc: Perry Ryan <pryan@atwell-group.com>; Michael Keith <mkeith@atwell-group.com> Subject: Yorkville Solar Access Permit Application Hello, This is Matthew Brown with Atwell. I am contacting you in regards to a small solar farm that we had discussed previously on the phone a while back. This is for the site located just southwest of Galena Road and IL 47. We were wanting to start providing the necessary documents in order to apply for an access permit for the site. It is my understanding that you require a completed application form and a site plan. In addition, when we talked previously you mentioned the access will likely need to be limited to “right in, right out” traffic. You will be able to find these documents at the sharefile link located below. Please let us know if you require anything else for the permitting process, or if you have any questions comments or concerns. Also, if you could please let me know if these documents arrived correctly, I would greatly appreciate it. https://atwell-group.sharefile.com/d-s4760dfd8f6ef46b0ac48a31532dac854 (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Best Regards, Matthew Brown Engineer ATWELL, LLC 734.994.4000 Office 517.215.1214 Mobile 734.994.1590 Fax 311 North Main | Ann Arbor, MI 48104 www.atwell-group.com (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) (-> linkprotect.cudasvc.com) Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. 6 Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #2 Tracking Number PZC 2024-17 & EDC 2024-61 PZC 2024-17 Chapter 8: UDO Review & Approval Procedures (Text Amendment) City Council – September 24, 2024 PZC – 9/11/24 Moved forward to City Council agenda. PZC 2024-17 & EDC 2024-61 Majority Approval Text Amendment to Unified Development Ordinance regarding Review & Approval Procedures. Krysti J. Barksdale-Noble, AICP Community Development Name Department 1 Summary This memo highlights two (2) key areas necessitating a proposed text amendment to Chapter 8 of the Unified Development Ordinance (UDO): 1. Clarification of Public Hearing and Mailed Notice Requirements for Annexation Agreement Requests The need for this amendment was driven by the Hagemann Trust annexation agreement application, which exposed confusion within the UDO regarding the requirement for mailed notices in cases involving annexation agreements. To resolve this, staff proposes revisions aimed at making the requirements for public hearings and mailed notices more explicit, ensuring that all stakeholders have a clear understanding of the procedures. 2. Correction of Additional Inconsistencies and Errors in Chapter 8 of the UDO In addition to clarifying the annexation notice requirements, this amendment seeks to rectify other unrelated issues within Chapter 8. Specifically, the amendment will reconcile inconsistencies between the text and graphical representations within the UDO, and correct various oversights and grammatical errors that were identified during a comprehensive review by staff and the City Attorney. In addition to the text, recommended revisions are also specific to the following tables/figures within the UDO: Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures, Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure, Figure 8.2. Subdivision Procedure, Figure 8.4. Text Amendment, and Figure 8.6 Annexation Procedure. Staff recommends adopting the proposed revisions to Chapter 8 of the UDO Review and Approval Procedures, which will clarify the steps and requirements for petitions seeking entitlement approvals, regulation changes, and public notices, while ensuring consistency with state statutes and case law. Planning and Zoning Commission: The Planning and Zoning Commission held a public hearing for the proposed text amendment to the Unified Development Ordinance on September 11, 2024. The commission made the following action on the motion for the request below: In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Chapter 8 of the UDO Review and Approval Procedures in the Unified Development Ordinance to revise and clarify general application requirements, board/commission review, and procedures related to petitions for text and map amendments, annexations, annexation agreements, and economic incentive/development agreements, as presented in a staff memorandum dated September 4, 2024. Action: Millen – aye; Williams – aye; Vinyard – aye; Hyett – aye; Forristall – aye. 5 ayes; 0 nay Memorandum To: City Council From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: September 18, 2024 Subject: PZC 2024-17 Chapter 8: UDO Review & Approval Procedures Proposed Text Amendment 2 Attachments 1. Draft Approving Ordinance 2. Planning & Zoning Commission Memo 3. Proposed redlined amendments to Chapter 8. UDO Review & Approval Procedures 4. Public Hearing Notice Affidavit Ordinance No. 2024-____ Page 1 Ordinance No. 2024-_____ AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING AN AMENDMENT TO THE YORKVILLE UNIFIED DEVELOPMENT ORDINANCE REGARDING CHAPTER 8: UDO REVIEW & APPROVAL PROCEDURES WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970 and the laws of the State; and, WHEREAS, pursuant to Section 10-8-11 of the United City of Yorkville Unified Development Ordinance (“UDO”) the City may initiate amendments to the Zoning Ordinance; and, WHEREAS, the City filed a request seeking an amendment to the UDO to revise and clarify general application requirements, board/commission review, and procedures related to petitions for text and map amendments, annexations, annexation agreements, and economic incentive/development agreements; and, WHEREAS, the Planning and Zoning Commission convened and held a public hearing on September 11, 2024, to consider the request and forward a recommendation to the City Council to approve the requested text amendment. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. That the above recitals are hereby incorporated and made a part of this Ordinance. Section 2. That Chapter 8. UDO Review and Approval Procedures of the United City of Yorkville Unified Development Ordinance, including Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures, Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure, Figure 8.2. Subdivision Procedure, Figure 8.4. Text Amendment, and Figure 8.6 Annexation Procedure, is hereby amended attached hereto and made a part hereof as Exhibit A. Section 3. This Ordinance shall be in full force and effect after its passage, publication, and approval as provided by law. Ordinance No. 2024-____ Page 2 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ CITY CLERK KEN KOCH _________ DAN TRANSIER _________ ARDEN JOE PLOCHER _________ CRAIG SOLING _________ CHRIS FUNKHOUSER _________ MATT MAREK _________ SEAVER TARULIS _________ RUSTY CORNEILS _________ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this ____ day of __________________, A.D. 2024. ______________________________ MAYOR United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 1 of 36 Chapter 8. UDO Review and Approval Procedures 10-8-1. Administrative Authorities ..................................................................................................................................................... 1 10-8-2. General Application Requirements ....................................................................................................................................... 4 10-8-3. Permits, Certificates, and Administrative Review ................................................................................................................. 5 10-8-4. Board/Commission General Review and Action Procedures ............................................................................................. 10 10-8-5. Special Uses ....................................................................................................................................................................... 11 10-8-6. Subdivision Procedures ...................................................................................................................................................... 15 10-8-7. Required Improvements. .................................................................................................................................................... 21 10-8-8. Planned Unit Development ................................................................................................................................................. 24 10-8-9. Variations ............................................................................................................................................................................ 29 10-8-10. Appeals............................................................................................................................................................................. 31 10-8-11. Text Amendments ............................................................................................................................................................ 32 10-8-12. Map Amendments ............................................................................................................................................................ 33 10-8-13. Annexations ...................................................................................................................................................................... 35 10-8-14. Economic Incentive/Development Agreement .................................................................................................................. 36 10-8-1. Administrative Authorities A. Zoning Administrator. The Director of the Department of Community Development shall be the Zoning Administrator and shall enforce and administer the regulations of this Title, including the following responsibilities: 1. Assist in providing public information relative to all matter pertaining to this title and open records for public inspection, as deemed required by law. 2. Receive and review applications for all procedures related to this Title. 3. Receive applications for County mile and one-half reviews and forward to the Planning and Zoning Commission and City Council. 4. Forward materials to the applicable review and/or decision-making committees as applicable. 5. Interpret the regulations when questions arise, including but not limited to: a. Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment. b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6. Maintain permanent and current records pertaining to this Title, including, but not limited to, all maps, amendments, variations, appeals, and publications thereof. 7. Administer the comprehensive plan and interpret the provisions pertaining to building and site design considering such factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 2 of 36 8. Identify all nonconforming structures and uses. 9. Delegate other duties as may be placed upon them by this Title. B. Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including the following responsibilities: 1. Issue all certificates of use and occupancy and maintain records thereof. 2. Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title. 3. Issue violation notices and citations for violations of this Title. 4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued. 5. Review all cases of encroachment in required yards. 6. Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning and Zoning Commission and City Council. C. Plan Council. The Plan Council may consist of the City Administrator, Community Development Director, City Engineer, Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Fire District representative, or designee from each respective department. The Plan Council shall have the following responsibilities and procedures: 1. The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting. 2. The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council. 3. Review all development applications, requests, and documents including but not limited to site plans, concept plans, annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and final plats for compliance with City ordinances, standards, and policies. 4. Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific site problems, in accordance with City ordinances, standards and policies. 5. Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and Planning and Zoning Commission prior to holding of a public hearing on the application. D. Economic Development Committee. The Economic Development Committee consists of four (4) City Council members which are appointed by the mayor and shall have the following authorities and responsibilities: 1. Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all documents including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications. 2. Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational knowledge and to address any potential issues with an application with regards to City ordinances, standards, and policies. E. Planning and Zoning Commission. The Planning and Zoning Commission, which has been created and appointed by the mayor, shall have the following authorities and responsibilities. 1. To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications. 2. To initiate, direct, and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 3 of 36 3. To perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11- 12-1 et seq.). 4. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this Title. 5. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the City. 6. To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning Administrator or Zoning officer. 7. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. 8. To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq.). 9. Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title. 10. To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the Illinois Municipal Code. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 4 of 36 10-8-2. General Application Requirements A. Authorization. 1. An application for any request or procedure, except for text amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application. 2. A text amendment may be initiated by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator. B. Filing. 1. An application for any request or procedure shall be filed with the Zoning Administrator. 2. The application shall be on forms provided by the City and shall be filed in such number as the instructions provide. 3. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal. 4. The application shall include all information, plans, and data, specified in the forms provided by the City and sufficient to determine whether the application will conform to the requirements set forth in this Title. C. Completeness. 1. The Zoning Administrator shall determine whether the application is complete. 2. If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied. 3. Dormant Applications. a. If the Zoning Administrator determines that the application is incomplete, it will become dormant under these circumstances: (1) The applicant has been notified of such deficiencies and has not responded or provided a timeline for completing the application within ninety (90) days from the time of notification. (2) The applicant has not responded in writing to a request for information or documentation from staff or the initial Planning and Zoning Commission review within six (6) months from the date of that request. (3) The applicant has not responded to a request for legal or engineering deposit replenishment for City incurred costs and fees within ninety (90) days from the date of the request. b. If the Zoning Administrator has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. c. Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. 4. Once the Zoning Administrator has determined that the application is complete, the application shall be scheduled for consideration at the appropriate meeting, as needed. D. Fees. 1. Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the City Council provided in Section 1-7-9 of the Yorkville Municipal Code. 2. No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, City Administrator, or their designee in their sole discretion. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 5 of 36 E. Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by the Planning and Zoning Commission or City Council. Such withdrawal shall be in writing. F. Successive Applications. 1. A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial. 2. Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration. 3. The Zoning Administrator shall decide as to whether the subsequent application provides substantial new evidence. 4. If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request. 10-8-3. Permits, Certificates, and Administrative Review A. Summary of Administrative Review and Action. Table 10-8-3(A) summarizes the Administrative Review and Approval Procedures and identifies the administrator that serves as the review and decision-making body. B. Building Permit. 1. Permit Required. A building permit issued by the Zoning Officer shall be required for the construction, reconstruction, enlargement, or relocation of any building or structure. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land without a building permit. 2. Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, reconstruction, enlargement, or moving. 3. Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title. 4. Requirements. a. Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title. b. PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or address of the parcel where the improvement is being located. Administrative Review Procedure Zoning Administrator Zoning Officer Building Permit ○● Certificate of Occupancy ○● Lot Split ● Sign Permit ○● Temporary Use Permit ●○ Table 10-8-3(A): Summary of Administrative Review and Approval Procedures Key: ● = Review and Decision Making Body ○ = Review Body United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 6 of 36 c. Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville Municipal Code. 5. Review Process. a. A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing. b. The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in compliance with this Title and all other adopted municipal regulations. c. Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for any development meeting one of the following criteria. (1) New development, including the construction or placement of any new building(s) or expansion of any existing building. (2) Any development which will increase the overall impervious lot coverage of a parcel. (3) Any development subject to off-street parking and loading requirements. d. The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and provide the applicant(s) with a fee receipt. e. In the case that an application is not in compliance with this Title or the application provided insufficient information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an approval detailing the reason(s) for the refusal. 6. Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Zoning Administrator for good cause shown by the applicant, provided a written request is filed with the City at least two (2) weeks prior to the respective deadline. C. Certificate of Occupancy. 1. A Certificate of Occupancy shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in the use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of a nonconforming use. 2. No such occupancy, use or change of use shall take place until a Certificate of Occupancy therefor shall have been issued. 3. Review Process. a. A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 7 of 36 b. The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title and all other adopted municipal regulations. c. Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten (10) business days after a written request for the same has been submitted to the Zoning Officer. 4. Temporary Certificate of Occupancy. Pending the issuance of such a certificate, the Zoning Officer may issue a temporary Certificate of Occupancy for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. a. Renewal. Such temporary certificate may be renewed an additional six (6) months, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. 5. Records Of Action. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. D. Lot Splits. 1. Applicability. A lot split is a subdivision which meets any one (1) if the following conditions. a. The split of a single lot into three (3) or fewer lots. b. Subdivisions solely for the creation of public right of way or other public tracts of land. c. Lot line or boundary adjustments to a filed Final Plat. d. Correction of errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections. 2. Lot Split Review Criteria. a. Comprehensive Plan Alignment. The Lot Split is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. b. Compliance. The Lot Split is consistent with the provisions of this Title and the governing zoning district. 3. Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based upon their review, the Zoning Administrator shall approve or deny the Lot Consolidation/Split application in writing. 4. Advancement To Variance. The Zoning Administrator may advance any Lot Consolidation/Split application to a Subdivision in instances that, in the opinion of the Zoning Administrator, require public input and review by the Planning and Zoning Commission to approve or deny. Any Lot Consolidation/Split advanced to a Subdivision shall follow the procedure in Section 10-8-6. E. Sign Permit. 1. Purpose. A Sign Permit shall be required prior to the display, copy change, construction, erection, or alteration of a sign, and its structural components, on any property to verify compliance with all applicable standards of this Title and the applicable sections of the building code as adopted by the City. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes. 2. Exemptions. Signs exempt from a permit are listed in Section 10-6-4 of this Title. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 8 of 36 3. Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City ordinances are met. 4. Review Process. a. A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator. b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations. c. Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit application in writing. 5. Expiration and Lapse of Approval. A Sign Permit shall become null and void, if work authorized under the permit has not been completed within six (6) months of the date of issuance. 6. Comprehensive Sign Plan. Signage may also be approved through a Comprehensive Sign Plan as specified in Section 10-6-8. F. Temporary Use Permit. 1. Purpose. A Temporary Use Permit shall be required prior to the commencement of a Temporary Use identified in Table 10-3-12. 2. Temporary Use Permit Review Criteria. To approve a Temporary Use Permit, the Zoning Administrator shall make an affirmative finding that the following criteria are met: a. Land Use Compatibility. The Temporary Use shall be compatible with the purpose and intent of this Title and the district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The Temporary Use shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity, given the nature of the activity, its location on the site, and its relationship to parking and access points. b. Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required before any structure used in conjunction with the Temporary Use Permit is approved, constructed, or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the use or event, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use. c. Hours of Operation and Duration. The duration and hours of operation of the Temporary Use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Zoning Administrator at the time of approval of the Temporary Use Permit. d. Traffic Circulation. The Temporary Use shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls, as determined by the City Engineer. e. Off-Street Parking. Adequate off-street parking shall be provided for the Temporary Use, as determined by the Zoning Administrator, and it shall not create a parking shortage for any of the other existing uses on the site. f. Public Conveniences and Litter Control. Adequate on-site restroom facilities and on-site solid waste containers may be required as deemed appropriate by the Zoning Administrator. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 9 of 36 g. Appearance and Nuisances. The Temporary Use shall be compatible in intensity, appearance, and operation with surrounding land uses, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. h. Other Conditions. The Zoning Administrator may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, screening/buffering requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may include, but shall not be limited to: (1) Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics. (2) If the permit applicant requests the City to provide extraordinary services or equipment or if the Zoning Administrator otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect public health or safety, the applicant shall pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred. 3. Review Process. a. A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing. b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations. c. Zoning Administrator Review and Action. Upon determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (F)(2) above. Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in writing. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 10 of 36 10-8-4. Board/Commission General Review and Action Procedures A. Summary of Board/Commission Review and Approval Procedures. Table 10-8-4(A) summarizes the Board and Commission Review and Approval procedures and identifies the appropriate boards or commissions that serve as recommending or decision-making bodies. Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures Petition Review Procedure Plan Council Economic Development Committee Planning and Zoning Commission City Council Special Use A A R1 D Subdivision A A R D Planned Unit Development A A R1 D Variation A A R1 /D3 D3 Appeal D Text Amendment A R1 D Map Amendment A2 A R1 D Annexations A2 A D Annexation Agreements A2 A D4 Economic Incentive/Development Agreement A2 A D Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body Notice per Table 10-8-4 (B)(1) B. Public Notice Requirements. 1. Notice Requirements by Procedure. Table 10-8-4 (B)(1) summarizes the notice requirements per Board and Commission review and approval procedure. Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure Petition Review Procedure Published Notice Mailed Notice Special Use ● ● Special Use Major Amendment ● ● Planned Unit Development ● ● Planned Unit Development Major Amendment ● ● Variation ● ● Map Amendment ● ● Text Amendment ● United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 11 of 36 Annexations Annexation Agreements ● 1 Economic Incentive/Development Agreement Key: ● = Required Notice Method 1= Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. 2. Published Notice. The City shall cause a notice to be published in a newspaper of general circulation within the City. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant and the legal description, parcel index number (PIN), and/or address of the subject property, if applicable. Such notice shall be published not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date. 3. Mailed Notice. The applicant or the City, at the discretion of the Zoning Administrator, shall mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to all owners of record whose lot or portion of a lot lies within five-hundred (500) feet of the applicable site’s outermost property line. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date. a. Affidavit Required. If such notice is mailed by the applicant, the applicant shall file a sworn affidavit containing a complete list of the names and last known addresses of all owners of record entitled to notice and served and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in this subsection 3. Such affidavit and the return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of the public hearing. b. Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to the Trustees of Fire Protection District, and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) 4. Cost of Notice. All costs associated with mailed and published notice, as required by this UDO, shall be the responsibility of the applicant. C. Recording of Documents. Recording of documents as required by the City in instances of special use, variation, subdivision, consolidation, map amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the City Clerk and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by the Zoning Administrator and paid prior to the recording of documents. 10-8-5. Special Uses A. Purpose. The Special Use process is intended to provide the City additional discretion in the approval process for uses which, because of their unique characteristics, require additional consideration due to the potential impact on neighboring land and of the public need for the particular use at the particular location. B. Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 12 of 36 1. Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its findings and recommendations. a. A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the application and report to the Planning and Zoning Commission its findings and recommendations. 3. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval. 4. City Council. The City Council shall consider the Planning and Zoning Commission’s recommendation, the Zoning Administrator report, and public comment received at the Planning and Zoning Commission public hearing, and shall approve, conditionally approve, or deny the Special Use, or refer the Special Use back to the Planning and Zoning Commission for further consideration. 5. Recordation. Any approved Special Use shall be recorded with the City Clerk. C. Protest. In the event of written protest against any proposed Special Use, signed and acknowledged by the owners of twenty (20) percent of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such Special Use shall not be granted except by the favorable vote of two-thirds (⅔) of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed Special Use and a copy upon applicant's Attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed Special Use. D. Standards. No Special Use shall be recommended by the Planning and Zoning Commission or approved by the City Council unless the following are found: 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. 3. The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. E. Conditions and Guarantees. Prior to the granting of any Special Use, the Planning and Zoning Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the Special Use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Subsection F of this section. In all cases in which Special Uses are considered the Planning and Zoning Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the Special Use are being and will be complied with as required. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 13 of 36 F. Approval. Any application for a Special Use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council, and any Special Use application which receives the favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission may be denied by a majority vote of the City Council. G. Expiration and Lapse of Approval. In any case where a Special Use has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless it is constructed and in active use within three (3) years of the date of issuance. An applicant may request an extension of an additional year, to be approved by a majority vote of the City Council. H. Amendments to Approved Special Uses. 1. Determination of Level of Change. Upon receiving a Special Use amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Section 10-8-5(H)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Special Use that results in one or more of the following: a. Increase in the intensity of the site’s use, b. Additional noise, glare, odor, or other impacts that are detectable from off-site c. Affects the subject property in a manner that inhibits its continued use or reuse, or d. Results in a change inconsistent with any standards or conditions imposed by the City Council in approving the Special Use, as determined by the Zoning Administrator 3. Minor Amendment. A minor amendment is any proposed change to an approved Special Use that is consistent with the standards and conditions upon which the Special Use was approved, which does not alter the concept or intent of the Special Use and is not considered a major amendment as detailed in Section 10-8-5(H)(2). 4. Approval Process. a. Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special Use approval set in Section 10-8-5(B). b. Minor Amendments. (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. The minor amendment shall be recorded with the City Clerk. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 14 of 36 Figure 8.1. Special Use Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 15 of 36 10-8-6. Subdivision Procedures A. Purpose. The purpose of this section is to establish the procedures regarding the subdivision, development, and platting of land, the preparation of plats, installation of utilities, and extension of streets and highways. B. General Provisions. 1. Zoning District Compliance. No subdivision shall be approved unless it conforms to all of the requirements of this Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, building codes or other adopted regulations, codes, or ordinances, the most restrictive shall apply. 2. Comprehensive Plan Conformance. a. All proposed subdivisions shall conform to the most recently adopted Comprehensive Plan. b. The arrangement, character, extent, width, grade, and location of all streets shall conform to all the elements of the Comprehensive Plan and shall be designed in accordance with sound planning and engineering principles as well as the improvement provisions outlined in this Section. 3. Subdivision Review Criteria. a. Comprehensive Plan Alignment. The Final Plat is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. b. Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district. C. Subdivisions. 1. Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels. 2. Easements. When a subdivision will result in a lot having inadequate access to utility easements, dedication of easements will be required in accordance with the requirements of the Zoning Administrator and the City Engineer. 3. Access and Streets. The splitting of land shall provide each lot with access to a public street or highway, so that access to each lot is assured. 4. Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat. a. Approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) 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) twelve-month periods. b. The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title. 5. Final Plan. The petitioner or landowner may submit directly for a final plat. 6. Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements. a. Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or larger, on a nonfading, stable, Mylar material. b. Numbering. When more than one (1) 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. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 16 of 36 c. Information. (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 the Illinois State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System. (2) Monuments. 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) Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds, meander lines, and easements, unless they parallel a noted boundary. (4) Widths. The exact width of all easements, streets, and alleys. (5) Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot. (6) Setback Lines. Building setback lines on all lots. (7) Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks. (8) Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than ninety (90) degrees, 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) Circular Curves. When a street is on a circular curve, the main chord of the centerline 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-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) Street Names. 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) Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width, names, and recording document numbers of these streets and highways and plats shall also be given. (12) Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing easements, shall be clearly marked and recording document numbers shown on the plat. (13) Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to subdivision. (14) Access to Lakes or Streams. 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. (15) Survey 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 United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 17 of 36 vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four (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) Survey. 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 1/5,000, the plat may be rejected. (17) Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as applicable: (a) Surveyor. (b) Owner. (c) Notary. (d) City Administrator. (e) Township Highway Commissioner, if applicable. (f) County Supervisor of Highways, if applicable. (g) Illinois Department of Transportation, if applicable. (h) City Clerk. (i) City Planning and Zoning Commission, Chairman. (j) City Council Certificate. (k) County Clerk. (l) County Recorder. (m) City Engineer. 7. Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: a. Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its findings and recommendations. (1) A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission meeting. b. Economic Development Committee. The Economic Development Committee shall review the Final Plan and report to the Planning and Zoning Commission its findings and recommendations. c. Planning and Zoning Commission. After reviewing the Final Plat, the Planning and Zoning Commission shall recommend either approval or denial of the Final Plan to City Council in writing and its reasons for such recommendation. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 18 of 36 d. City Council. The Final Plat shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the Final Plat. Any final plat shall be approved by the City Council by ordinance. e. Recording of Final Plat. The Final Plat shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) 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. All necessary fees owed to the City shall satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required. D. Amendments to Approved Subdivisions. 1. Determination of Level of Change. Upon receiving a Subdivision Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria in Section 10-8-6(D)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Subdivision that results in one or more of the following changes: a. Increase in density, b. Increase in the number of dwelling units, c. Reduce open space by more than five (5) percent, d. Modify the proportion of the housing types proposed, e. Change parking areas in a manner that is inconsistent with those in the approved subdivision, f. Alter alignment of roads, utilities, or drainage, or g. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Subdivision as determined by the Zoning Administrator. 3. Minor Amendment. A minor amendment is any proposed change to an approved Subdivision that is consistent with the standards and conditions upon which the Subdivision was approved or meets the criteria set forth in Section10-8- 3(D)(1) of this Title, which does not alter the concept or intent of the Subdivision and is not considered a major amendment as detailed in Section 10-8-6(D)(2). 4. Approval Process. a. Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section 10-8-6(C)(7). b. Minor Amendments. A minor amendment to an approved Subdivision, other than those set forth in Section 10-8- 3(D)(1) of this Title, shall be reviewed as follows: (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the minor amendment. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. An approved minor amendment shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 19 of 36 void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall be satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 20 of 36 Figure 8.2. Subdivision Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 21 of 36 10-8-7. Required Improvements. 1. Improvement Requirements Prior to Filing Final Plat. Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Planning and Zoning 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 applicant may construct and install the required subdivision improvements prior to filing the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public improvements. If construction does not begin within four (4) years of Final Plat approval, the subdivider may be required to revise the plat to comply with new City requirements. 2. Subdivision Securities. a. Construction Guarantee. In lieu of construction in Section 10-8-7(E) of this chapter, the subdivider shall post with the City prior to recordation of the Final Plat, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus twenty (20) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to ensure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications prior to the recording of the final plat. A surety or bank recognized by the State of Illinois, and carrying a rating sufficient to cover the cost of construction, and approved by the City Attorney, shall issue the bond or letter of credit posted. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below twenty (20) 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 (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year. b. Projects Nearing Two (2) Years. Projects nearing (2) two years into construction will receive a status inquiry letter from the City Engineer and require an updated public improvement completion (PIC) schedule. c. Projects Nearing Three (3) Years. Projects nearing (3) three years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule. d. Projects Nearing Four (4) Years. Projects nearing four (4) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four- year construction deadline. e. Projects Over Four (4) Years. Projects over four (4) years into construction will receive notification of default from the City Engineer, at the City Council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion. f. Reduction of Subdivision Securities. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds shall be as follows: (1) The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the "Engineering News Record" construction cost index shall be used. The City Engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction. (2) The City Engineer's written recommendation shall be forwarded to the City Administrator for approval. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 22 of 36 (3) Following the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. (4) In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have the final authority to approve or deny the City Engineer's recommendation. (5) A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision. (6) The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests. 3. Construction Warranty. a. The subdivision irrevocable performance bond or letter of credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection (b) of this section, this subdivision letter of credit or performance bond 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 all improvements will properly function as designed, with no defects before the City Council formal acceptance. b. A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one (1) being developed. c. It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public improvement system or in the potential failure of the system. 4. Filing. Not more than ten (10) months after Final 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: a. Streets, b. Curbs and gutter, c. Storm drainage, including storm sewers and stormwater detention, building storm drains (footings, roof, etc.), d. Comprehensive drainage plan, including grades of surface drainageways, e. Sanitary sewerage system, f. Water supply and distribution, g. Public utility locations, h. Streetlights, i. Sidewalks, j. Street signs, guardrails, and other special requirements, k. Parkway trees, and l. Payment in full of all City fees. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 23 of 36 5. Construction and Inspection. a. 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 this section and the City's standard specifications for improvements. b. The subdivider shall pay all expenses incurred by the United City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction. c. On-street parking during build out of the development shall be limited to one (1) 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. d. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of- way at any time, without exception. e. The subdivider is required to submit an acknowledgment of public improvement completion (PIC) schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information: (1) The schedule when public improvements are to be completed. (2) The schedule shall state that the City will place as a condition in the Final Plat of subdivision approval ordinance or PUD ordinance that the development must have all streets, sewers, water mains, streetlights, and other public improvements installed in a workmanship-like manner within four (4) years of initial construction. (3) The schedule will require the subdivider/developer to provide proof by a title search that all accepted infrastructure is free and clear of all liens and encumbrances. (4) The schedule shall state that the subdivider/developer will maintain the public improvements until they are approved and accepted by the City. 6. As-Built Plans. 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 of credit assuring their completion. The coordinate system for as built drawings shall be NAD27 Illinois State planes, east zone, U.S. foot (IL-E). The "as built" plans shall be submitted on reproducible Mylar, and digitally in a format acceptable to the City. 7. Acceptance of Dedication, Improvements. a. 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. b. Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements. c. 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, make recommendations in 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 United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 24 of 36 required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City Council acceptance. 10-8-8. Planned Unit Development A. Purpose and Intent. The purpose of the regulations, standards, and criteria contained in this Section is to provide an alternate procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this Section. The objective of the Planned Unit Development process is to accommodate a higher level of design and amenity than is possible to achieve under otherwise applicable UDO regulations. The end result can be a product which fulfills the objectives of City plans and policies, including but not limited to the Comprehensive Plan, while departing from the strict application of the regulations of this UDO. The Planned Unit Development is intended to permit and encourage such flexibility and to accomplish the following purposes: 1. To promote long term planning pursuant to the City of Yorkville Comprehensive Plan and other relevant plans and City policies. 2. To stimulate creative approaches to the commercial, residential, and mixed-use development of land. 3. To provide more efficient use of land. 4. To preserve natural features and provide open space areas and recreation areas in excess of that required under this UDO. 5. To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities. 6. To unify buildings and sites through design. B. General Provisions. 1. Any development encompassing four (4) or more acres in area shall be approved as a Planned Unit Development in accordance with this UDO. 2. Each Planned Unit Development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a Planned Unit Development solely upon an already existing Planned Unit Development except to the extent such Planned Unit Development has been approved as part of a development master plan. 3. The burden of providing evidence and persuasion that any Planned Unit Development is necessary and desirable shall rest with the applicant. C. Planned Unit Development Relation to Base District Standards. 1. A Planned Unit Development, if approved, shall be a Special Use. 2. A Planned Unit Development, if approved, may allow for modifications to the standards of the base district. All such modifications shall be referred to as site development allowances. 3. Notwithstanding any limitations on Variations which can be approved as contained elsewhere in this UDO, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the Planned Unit Development application and demonstrates how each site development allowance would be compatible with surrounding development; is necessary for proper development of the site; and is aligned with a minimum of one (1) of the modification standards detailed in Section 10-8-8(D). 4. All approved site development allowances shall be delineated in the ordinance approving the Planned Unit Development as a Special Use as it applies to the subject property. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 25 of 36 D. Modification Standards. An applicant seeking a site development allowance shall be required to justify their request through the provision of tangible benefits to the City of Yorkville by meeting a minimum of one (1) of the modification standards detailed below. 1. Landscape Conservation and Visual Enhancement. The Planned Unit Development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms. 2. Sustainable Design. The Planned Unit Development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, employment of an alternative energy system or solution, and landscaping design capable of reducing energy consumption and improving onsite stormwater management. 3. Public Gathering Space. The Planned Unit Development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string lights, and/or other features. The public gathering space is integrated into the overall design of the Planned Unit Development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character. 4. Placemaking. The Planned Unit Development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc. 5. Universal Design. the Planned Unit Development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds. 6. High Quality Building Materials. The Planned Unit Development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO. 7. Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. 8. Affordability. The Planned Unit Development includes residential dwellings that are deed restricted for households that make less than or equal to eighty (80) percent of the Kendall County median income. 9. Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning or operation of the Yorkville Community Unit School District or another public school district. 10. Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit Development and has a direct relationship to the other main buildings and uses on-site. 11. Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long- Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity. 12. Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional entity. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 26 of 36 E. Standards of Review. The following standards for review shall be utilized in the review of a Planned Unit Development application as a whole, including any requested site development allowances and the modification standards proposed to justify those requests. The standards of review in this Section shall be considered in addition to the standards for Special Use Permits as specified in Section 10-8-5. No application for a Planned Unit Development shall be approved unless the City Council finds that the application meets all of the following standards: 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. F. Procedure. 1. Plan Council Review. Plan Council shall review and discuss the Planned Unit Development and make a recommendation to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review criteria to the Planning and Zoning Commission. a. A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the Planned Unit Development and report to the Planning and Zoning Commission its findings and recommendations. 3. Public Hearing, Review, and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed Special Use for Planned Unit Development, and, at the close of the public hearing and after consideration of the staff report and public comment, make a recommendation to the City Council to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review standards. The Zoning Administrator, on behalf of the Planning and Zoning Commission, shall transmit a report containing its recommendation to approve, approve with modifications, or deny the application to the City Council. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 27 of 36 4. City Council Action. The City Council shall hear the proposed Planned Unit Development, and, at the close of the meeting and after consideration of the Planning and Zoning Commission recommendation, Zoning Administrator Report, and public comment either: a. Approve the application, b. Approve the application with modifications, c. Deny the application, d. Refer the application back to the Planning and Zoning Commission for further review, or e. Postpone further consideration pending the submittal of additional information, including any application requirement previously waived. G. Amendments to Approved Planned Unit Development. 1. Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes: a. Increase density, b. Increase the height of buildings, c. Reduce open space by more than five (5) percent, d. Modify the proportion of housing types, e. Change parking areas in a manner that is inconsistent with this UDO, f. Increase the approved gross floor area by more than five hundred (500) square feet, g. Alter alignment of roads, utilities, or drainage, or h. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Planned Unit Development and/or the approved Site Plan, as determined by the Zoning Administrator. 3. Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2). 4. Approval Processes. a. Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F). b. Minor Amendment. (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 28 of 36 (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. The minor amendment shall be recorded with the City Clerk. H. Expiration and Lapse of Approval. For any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. Figure 8.3. Planned Unit Development Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 29 of 36 10-8-9. Variations A. Authority. The Planning and Zoning Commission, after a public hearing, may recommend a Variation to the regulations of the UDO in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Planning and Zoning Commission holds a public hearing and makes findings of fact in accordance with the standards of this section, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this UDO. B. Authorized Variations. Variations from the regulations of this title shall be granted by the Planning and Zoning Commission only in accordance with the standards established in subsection (C) of this section and may be granted only in the following instances: 1. To permit any yard or setback less than the yard or setback required by the zoning district, but by no more than twenty- five (25) percent. 2. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient size or widths of the lot or lots. In no event shall the respective size and width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. 3. To reduce the applicable off-street parking facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater. 4. To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served as specified in Section 10-5-1(G). 5. To allow for the deferment, or land banking, of required parking facilities for a reasonable period. 6. To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations as specified in Chapter 4. 7. To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located. C. Standards for Variations. 1. The Planning and Zoning Commission shall not grant a Variation from the regulations of this UDO unless it shall make findings based upon the evidence presented that the standards for hardships set forth in the Illinois Municipal Code are complied with in addition to the following: a. A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. b. The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district. c. The difficulty or hardship is not created by any person presently having an interest in the property. d. The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 30 of 36 e. The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood. f. The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. 2. Land Banked Parking Facilities Review Standards. a. Sufficient evidence is provided by the applicant that supports the reduced parking needs. b. Approval of a land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time. c. Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals Planning and Zoning Commission may require additional landscaping of the land banked area. d. The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership. e. As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as "Land Banked Future Parking". 3. Conditions. The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefited by a Variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such Variation upon other property in the neighborhood and to better carry out the general intent of this title. 4. Procedure. The variation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: a. Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations. b. Economic Development Committee. The Economic Development Committee shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations. c. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval. d. City Council. The application shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the application. 5. Expiration and Lapse of Approval. Where a Variation has been granted pursuant to the provisions of this section, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 31 of 36 10-8-10. Appeals A. Purpose. An Appeal may be taken to the Planning and Zoning Commission for any order, requirement, decision, interpretation, or determination of the regulations of this title made by the Zoning Administrator by any individual aggrieved by the action taken under. The Planning and Zoning Commission shall hear the Appeal, hold a public meeting, and render a decision. B. Initiation. An Appeal may be taken within thirty (30) days of the action of the Zoning Administrator by filing a notice of Appeal specifying the grounds thereof, who shall forward such Appeal to the Planning and Zoning Commission. C. Procedure. 1. Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly scheduled meeting. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this title, made by the Zoning Administrator subject to the criteria in Section 10-8-10(D). D. Appeal Review Criteria. An Appeal of administrative decisions shall be granted only if the Planning and Zoning Commission makes one of the following findings. 1. The decision constituted an erroneous application or interpretation of this UDO. 2. The decision constituted an abuse of the administrative official’s discretion to interpret or apply this UDO. 3. The decision was rendered based upon an erroneous material fact. E. Record of Action. The Planning and Zoning Commission’s decision shall be filed and recorded with the City Clerk. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 32 of 36 10-8-11. Text Amendments A. Initiation of Text Amendments. Text Amendments to this UDO may be proposed by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.. B. Text Amendment Review Criteria. 1. The proposed Text Amendment is consistent with the purpose of this UDO and the City’s Comprehensive Plan. 2. The Text Amendment will not adversely affect the public health, safety, or general welfare. C. Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Economic Development Committee. The Economic Development Committee shall review the text amendment request and report to the Planning and Zoning Commission its findings and recommendations. 2. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended modifications and guarantees as part of the approval. 3. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Text Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration. Figure 8.4. Text Amendment Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 33 of 36 10-8-12. Map Amendments A. Initiation of Amendments. Map Amendments may be proposed by the subject property owner, the Mayor and City Council, the Planning and Zoning Commission, Zoning Administrator, or another City official. B. Map Amendment Review Standards. The Planning and Zoning Commission shall make findings of fact regarding Map Amendments based upon the following standards:. 1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO. 2. The proposed Map Amendment is compatible with the existing and planned uses and zoning of nearby properties. 3. The subject property is suitable for the purposes of the proposed zoning district. 4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested zoning district as specified in Section 10-3-9(A), unless otherwise granted relief as specified in Section 10-8-9. Variations. 6. The community need for the proposed use, and 7. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. C. Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations. a. A community meeting of area/neighborhood property owners explaining the proposed Map Amendment conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations. 3. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations. 4. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Map Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 34 of 36 Figure 8.5. Map Amendment Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 35 of 36 10-8-13. Annexations A. Petition for Annexation. All Annexations shall be initiated by the filing of a petition with the Zoning Administrator. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the Annexation. B. Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and recommendations as part of the approval. 2. Economic Development Committee. The Economic Development Committee shall review the annexation request and report to the City Council its findings and recommendations. 3. City Council. City Council shall approve or deny a proposed by a majority vote in accordance with applicable Illinois Statute. C. Request for Zoning Map Amendments. All petitions for Annexation requesting a zoning classification other than the R-1, Single-Family Suburban Residence Zoning District shall be processed in the same manner as a petition for a request for a Map Amendment as provided in Section 10-8-12 for lands within the jurisdictional limits of the City. All such requests for a Map Amendment or Variations shall be accompanied by the fees as provided in Section 10-7-9 of the Yorkville Code of Ordinances and the said fees shall be paid at the time of filing the petition for Annexation. D. Petition for Annexation Agreement. All petitions for Annexation which do not include requests for rezoning classification, other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by the City Council shall require an annexation agreement. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B). Figure 8.6. Annexation Agreement Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 36 of 36 10-8-14. Economic Incentive/Development Agreement A. Petition for Economic Incentive/Development Agreement. Economic Incentive and Development Agreements are negotiated between the municipality and the developer and/or owner on a project-by-project basis. Such items considered as part of an economic incentive or development agreement are the amount of tax sharing, timing of payments, performance and compliance requirements and any other details. Applications will be evaluated on the merits of their impact to create or maintain jobs; further development; strengthen the commercial or industrial sector; enhance the tax base; and be in the overall best interest of the municipality. B. Procedure. The economic incentive/development agreement process will require review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations. 2. Economic Development Committee. The Economic Development Committee shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations. 3. City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois Statutes or may refer to the Economic Development Committee for further consideration. Figure 8.7. Economic Incentive/Development Agreement Procedure 1 Summary This memo highlights two (2) key areas necessitating a proposed text amendment to Chapter 8 of the Unified Development Ordinance (UDO): 1. Clarification of Public Hearing and Mailed Notice Requirements for Annexation Agreement Requests The need for this amendment was driven by the Hagemann Trust annexation agreement application, which exposed confusion within the UDO regarding the requirement for mailed notices in cases involving annexation agreements. To resolve this, staff proposes revisions aimed at making the requirements for public hearings and mailed notices more explicit, ensuring that all stakeholders have a clear understanding of the procedures. 2. Correction of Additional Inconsistencies and Errors in Chapter 8 of the UDO In addition to clarifying the annexation notice requirements, this amendment seeks to rectify other unrelated issues within Chapter 8. Specifically, the amendment will reconcile inconsistencies between the text and graphical representations within the UDO, and correct various oversights and grammatical errors that were identified during a comprehensive review by staff and the City Attorney. In addition to the text, recommended revisions are also specific to the following tables/figures within the UDO: Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures, Table 10-8- 4(B)(1): Notice Methods by Board/Commission Review and Action Procedure, Figure 8.2. Subdivision Procedure, Figure 8.4. Text Amendment, and Figure 8.6 Annexation Procedure. Chapter 8 - Unified Development Ordinance Chapter 8 of the Unified Development Ordinance (UDO) outlines the processes and authorities for various development approvals, including special uses, planned unit developments, variations, subdivisions, appeals, map and text amendments, annexations, and building permits. It also defines the roles of key officials, such as the Zoning Administrator, Zoning Officer, and the various review bodies, including the Plan Council, Economic Development Committee, and Planning and Zoning Commission. When adopting the UDO, staff and consultants made minimal changes to the existing zoning authorities. A key goal of the UDO Advisory Committee was to include flow charts and tables that visually simplify the review and approval processes for the public and developers. During the Hagemann Trust annexation agreement application, it was discovered that a guidance table incorrectly required mailed public hearing notices to property owners within 500 feet, instead of just a published notice in a local newspaper, as mandated by state law and established city practice. Upon realizing this, staff held an additional public hearing and sent certified mail notices to the nearby property owners. Following this, staff and the City Attorney thoroughly reviewed Chapter 8 to recommend procedural corrections, specifically for annexation and annexation agreement notice Memorandum To: Planning and Zoning Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Sara Mendez, Planner I Date: September 4, 2024 Subject: PZC 2024-17 Chapter 8: UDO Review & Approval Procedures Proposed Text Amendment 2 requirements, to ensure clarity and consistency with state laws without altering the original intent of the UDO. We also identified other non-related text inconsistencies and grammatical errors within the chapter and are making additional recommendations for amendment. Proposed Text Amendments Below is a bullet point summary of the proposed amendments to the text, tables, and figures in Chapter 8 of the Unified Development Ordinance (UDO) Review and Approval Procedures. To simplify reference, the amendments are listed in the order they appear in the UDO. However, staff has categorized each change in the memo as either "Annexation" or "Non-Annexation" to clearly differentiate between clarifications on public hearing and mailed notice requirements for annexations and other unrelated corrections. 1. NON-ANNEXATION - Section 10-8-2(A): General Application Requirements (page 4 of 37) • Added the word “text” to clarify that a “text amendment” does not require an application and can also be initiated by the majority beneficiary of a land trust and the Mayor. 2. ANNEXATION - Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures (page 10 of 37) as detailed below: Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures Petition Review Procedure Plan Council Economic Development Committee Planning and Zoning Commission City Council Special Use A A R1 D Subdivision A A R D Planned Unit Development A A R1 D Variation A A R1 /D3 D3 Appeal D Text Amendment A R1 D Map Amendment A2 A R1 D Annexations A2 A D Annexation Agreements A2 A D4 Economic Incentive/Development Agreement A2 A D Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Hearing Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body Notice per Table 10-8-4 (B)(1) • NON-ANNEXATION - Revised table regarding the petition review procedures for a Variation to denote those authorized variations can be decided solely by the Planning and Zoning Commission. This is to ensure that the text within the table is consistent with the provisions approved under Section 10-8-9.B. 3 • ANNEXATION - Added “Annexation Agreements” as a separate petition from an “Annexation”. o As recommended by the City Attorney, voluntary petitions for annexations that do not include requests for rezoning or variations should not require a public hearing. This is also consistent with Division 1 of Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) which regulates the various means of annexing property to a municipality. o Therefore, any request by a developer/property owner/petitioner solely seeking annexation, without a request for an annexation agreement, variance, or for rezoning from the assigned R-1 designation upon annexation, will not be required to have a public hearing, publish a notice in the newspaper or send certified mailed notices. • ANNEXATION - Noted that only “Annexation Agreements” require taxing body notice as further defined in Table 10-8-4(B)(1) per Division 1 of Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.). • NON-ANNEXATION - Clarified that the Plan Council meeting requirement is an optional review step, subject to the discretion of the Zoning Administrator, for Map Amendments (Rezonings), Annexations, and Annexation Agreements. • ANNEXATION - Removed the word “Hearing” from #1 under the Key within the Table to read “1= Public Notice Required” and added the word “Public” in Section 10-8-4(B) for consistency in terminology. 3. ANNEXATION - Table 10-8-49B)(1): Notice Methods by Board/Commission Review and Action Procedure (page 10-11) as detailed below: Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure Petition Review Procedure Published Notice Mailed Notice Special Use ● ● Special Use Major Amendment ● ● Planned Unit Development ● ● Planned Unit Development Major Amendment ● ● Variation ● ● Map Amendment ● ● Text Amendment ● Annexations ● ● Annexation Agreements ● 1 Economic Incentive/Development Agreement Key: ● = Required Notice Method 1= Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. 4 • ANNEXATION - Revised table to reflect petitions for “Annexation” without requests for zoning or variances do not require a published notice or mailed notice. • ANNEXATION - Revised table to reflect petitions for “Annexation Agreement” require a published notice and require only a mailed notice to the Trustees of the Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under the township jurisdiction to reflect state statute. o This has been staff’s practice for all annexations, but this language clarifies and codifies that process. 4. NON-ANNEXATION - Section 10-8-4(B)(2): Published Notice (page 11 of 37) • Added the requirement for the legal description, parcel index number (PIN), and/or address of the subject property, if applicable, to be included as part of the published notice. o This has been staff’s practice for all required published notices, but this language clarifies and codifies that process. 5. ANNEXATION - Section 10-8-4(B)(3): Mailed Notice (page 11 of 37) • Clarified that the mailed notices can either be sent by the applicant or the City, at the discretion of the Zoning Administrator, and clarified that the mailed notices must be sent within 15-30 days prior to the hearing date. This is consistent with the language for published notice. Further, it explains an affidavit for mailing is only required when the applicant sends the notices. o This has been staff’s practice for all required mailed notices, but this language clarifies and codifies that process. • Adds Section 10-8-4(B)(3)(b). Annexation Agreements. This section establishes the requirement for mailed notices for annexation agreement requests be sent to Trustees of the Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under the township jurisdiction no less than ten (10) days prior to the hearing date, per the Illinois Municipal Code statutes. o This has been staff’s practice for all required mailed notices, but this language clarifies and codifies that process. 6. NON-ANNEXATION - Section 10-8-4(C): Recording of Documents (page 11 of 37) • Adds the word “map” to clarify that the requirement for recordation is for a map amendment or rezoning. 7. NON-ANNEXATION - Section 10-8-6(D): Amendments to Approved Subdivisions (page 11 of 37) • Added a reference to Section 10-8-3(D)(1) with regard to Minor Amendments to Approved Subdivisions to make those provisions applicable here. o Corrects an oversight in the previously approved UDO which did not add a reference to Section 10-8-3(D)(1) which provides administrative authority to correct errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections. 5 8. NON-ANNEXATION - Section 10-8-11. Text Amendments (page 32 of 37) • Revised list of initiators of a text amendment to be consistent with previously proposed revised Section 10-8-2(A)(2). 9. NON-ANNEXATION - Figure 8.4 Text Amendment Procedure (page 32 of 37) • Corrected a typographical error on the chart to accurately reflect the procedure is for a “text” amendment rather than a “map” amendment. 10. NON-ANNEXATION - Section 10-8-12. Map Amendments (page 33 of 37) • Revised the Map Amendment Review Standards as follows: o Added the text “make findings of fact…based upon the following standards” to reflect these standards must be considered when determining a rezoning, per Illinois State case law. o Deleted duplicate standard “ The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO.” o Added text “unless otherwise granted relief as specified in Section 10-8-9. Variations” to the standards which requires the proposed parcel(s) to be rezoned meet the minimum frontage and area requirements of the requested zoning district. o Added the following additional standards which were used previously under the former Yorkville Zoning Ordinance and were recommended by the City Attorney and staff to be inserted back into the considerations for rezoning to be consistent 6 with Illinois case law findings in LaSalle Nat’l Bank of Chicago v. County of Cook (1957) and Sinclair Pipeline Co. v. Village of Richton Park (1960): 1. The community need for the proposed use, and 2. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 11. ANNEXATION - Section 10-8-13. Annexations (page 35 of 37) • Deletes incorrect reference to Annexation petitions may requiring a community meeting as recommended by the Plan Council prior to the Planning and Zoning Commission public hearing date. o Annexation petitions do not require a public hearing before the Planning and Zoning Commission. o Inconsistent with proposed changes to Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures. • Deletes incorrect reference to City Council holding a public hearing for an annexation petition. o Annexation petitions that do not seek an annexation agreement do not require a public hearing before City Council. o Inconsistent with proposed changes to Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures. • Deletes the word “agreement” in Section 10-8-13(C) to clarify this provision is only related to annexation petitions also requesting map amendment (rezoning) or variations. • Adds the following language specific to petitions for Annexation Agreements: o Petition for Annexation Agreement. All petitions for Annexation which does not include requests for rezoning classification, other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by the City Council shall require an annexation agreement. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B). 12. ANNEXATION - Figure 8.6 Annexation Procedure (page 36 of 37) • Revised text to add “Agreement” to accurately reflect the flow chart is for “Annexation Agreement” procedures rather than an “Annexation”. • Removed the text regarding a Community Meeting to be consistent with the text in Section 10-8-13: Annexation. Staff Comments Staff recommends adopting the proposed revisions to Chapter 8 of the UDO Review and Approval Procedures, which will clarify the steps and requirements for petitions seeking entitlement approvals, regulation changes, and public notices, while ensuring consistency with state statutes and case law. 7 Proposed Motion: In consideration of testimony presented during a Public Hearing on September 11, 2024 and discussions conducted at that meeting, the Planning and Zoning Commission recommends approval to the City Council of a request to amend Chapter 8 of the UDO Review and Approval Procedures in the Unified Development Ordinance to revise and clarify general application requirements, board/commission review, and procedures related to petitions for text and map amendments, annexations, annexation agreements, and economic incentive/development agreements, as presented in a staff memorandum dated September 4, 2024 and further subject to {insert any additional conditions of the Planning and Zoning Commission}… Attachments 1. Proposed redlined amendments to Chapter 8. UDO Review & Approval Procedures 2. Public Hearing Notice Affadavit United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 1 of 37 Chapter 8. UDO Review and Approval Procedures 10-8-1. Administrative Authorities ..................................................................................................................................................... 1 10-8-2. General Application Requirements ....................................................................................................................................... 4 10-8-3. Permits, Certificates, and Administrative Review ................................................................................................................. 5 10-8-4. Board/Commission General Review and Action Procedures ............................................................................................. 10 10-8-5. Special Uses ....................................................................................................................................................................... 11 10-8-6. Subdivision Procedures ...................................................................................................................................................... 15 10-8-7. Required Improvements. .................................................................................................................................................... 21 10-8-8. Planned Unit Development ................................................................................................................................................. 24 10-8-9. Variations ............................................................................................................................................................................ 29 10-8-10. Appeals............................................................................................................................................................................. 31 10-8-11. Text Amendments ............................................................................................................................................................ 32 10-8-12. Map Amendments ............................................................................................................................................................ 33 10-8-13. Annexations ...................................................................................................................................................................... 35 10-8-14. Economic Incentive/Development Agreement .................................................................................................................. 36 10-8-1. Administrative Authorities A. Zoning Administrator. The Director of the Department of Community Development shall be the Zoning Administrator and shall enforce and administer the regulations of this Title, including the following responsibilities: 1. Assist in providing public information relative to all matter pertaining to this title and open records for public inspection, as deemed required by law. 2. Receive and review applications for all procedures related to this Title. 3. Receive applications for County mile and one-half reviews and forward to the Planning and Zoning Commission and City Council. 4. Forward materials to the applicable review and/or decision-making committees as applicable. 5. Interpret the regulations when questions arise, including but not limited to: a. Determine which uses, though not contained by name in a zoning district list of permitted uses, are of the same general character and permit their establishment. b. Determine the parking or loading class of a use which is not contained by name in a parking or loading class. 6. Maintain permanent and current records pertaining to this Title, including, but not limited to, all maps, amendments, variations, appeals, and publications thereof. 7. Administer the comprehensive plan and interpret the provisions pertaining to building and site design considering such factors as contextual appropriateness, consistency with the City's general policies, and community need or benefit. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 2 of 37 8. Identify all nonconforming structures and uses. 9. Delegate other duties as may be placed upon them by this Title. B. Zoning Officer. The Building Code Official shall be the Zoning Officer and be responsible for enforcing this Title, including the following responsibilities: 1. Issue all certificates of use and occupancy and maintain records thereof. 2. Conduct inspections of building, structures, and use of land to determine compliance with the terms of this Title. 3. Issue violation notices and citations for violations of this Title. 4. Require that all construction or work of any type be stopped when such work is not in compliance with this Title; and revoke any permit which was unlawfully issued. 5. Review all cases of encroachment in required yards. 6. Issue citations and notify violators from decisions made by the Administration Adjudication Hearing Officer, Planning and Zoning Commission and City Council. C. Plan Council. The Plan Council may consist of the City Administrator, Community Development Director, City Engineer, Building Code Official, Public Works Director, Director of Parks and Recreation, Police Chief, Sanitary District Director, Fire District representative, or designee from each respective department. The Plan Council shall have the following responsibilities and procedures: 1. The Plan Council shall meet on an as needed basis and the petitioner(s) shall also be present at the meeting. 2. The City Administrator shall have final authority regarding members and meeting schedule for the Plan Council. 3. Review all development applications, requests, and documents including but not limited to site plans, concept plans, annexations, planned unit developments, map amendments, text amendments, special use, variance, preliminary and final plats for compliance with City ordinances, standards, and policies. 4. Work cooperatively with the applicant(s) to find mutually acceptable site design and improvement solutions to specific site problems, in accordance with City ordinances, standards and policies. 5. Prepare recommendations based upon review of site plans and documents to the applicant(s), committee(s), and Planning and Zoning Commission prior to holding of a public hearing on the application. D. Economic Development Committee. The Economic Development Committee consists of four (4) City Council members which are appointed by the mayor and shall have the following authorities and responsibilities: 1. Review development applications and serve as an advisory body to any petitioner(s) seeking approval on all documents including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications. 2. Comments and advice given by the Economic Development Committee to any petitioner(s) is for general informational knowledge and to address any potential issues with an application with regards to City ordinances, standards, and policies. E. Planning and Zoning Commission. The Planning and Zoning Commission, which has been created and appointed by the mayor, shall have the following authorities and responsibilities. 1. To hear and make recommendations to the Mayor and City Council on all applications including but not limited to text amendments, map amendments, planned unit developments, variations, special uses, and plat applications. 2. To initiate, direct, and review, from time to time, studies of the provisions of this Title, and to make reports of its recommendations to the Mayor and City Council. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 3 of 37 3. To perform such duties of a Plan Commission as authorized by division 12 of the Illinois Municipal Code (65 ILCS 5/11- 12-1 et seq.). 4. To hear and make recommendations to the Mayor and City Council on all matters upon which it is required to pass under this Title. 5. To prepare and recommend to the Mayor and City Council a comprehensive plan or updates thereto for the present and future development or redevelopment of the City. 6. To hear and act upon requests for interpretations of this Title and appeals of decisions made by the Zoning Administrator or Zoning officer. 7. To hear and decide all matters referred to it and upon which it is required to pass under the zoning ordinance as prescribed by statute. 8. To perform such duties of a Zoning Board of Appeals as authorized by division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1 et seq.). 9. Grant authorized Variations from the regulations as stated in Section 10-8-9 of this Title. 10. To perform such additional duties as are outlined in this Ordinance, the City of Yorkville Code of Ordinances, or the Illinois Municipal Code. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 4 of 37 10-8-2. General Application Requirements A. Authorization. 1. An application for any request or procedure, except for text amendments, may be filed only by the owner or lessee of the property, or by an agent or contract purchaser specifically authorized by the owner to file such application. 2. An application for an text amendment may be filed initiated by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator. B. Filing. 1. An application for any request or procedure shall be filed with the Zoning Administrator. 2. The application shall be on forms provided by the City and shall be filed in such number as the instructions provide. 3. All plans shall be at a scale sufficient to permit a clear and precise understanding of the proposal. 4. The application shall include all information, plans, and data, specified in the forms provided by the City and sufficient to determine whether the application will conform to the requirements set forth in this Title. C. Completeness. 1. The Zoning Administrator shall determine whether the application is complete. 2. If the application is not complete, the Zoning Administrator shall notify the applicant of any deficiencies and shall take no steps to process the application until the deficiencies are remedied. 3. Dormant Applications. a. If the Zoning Administrator determines that the application is incomplete, it will become dormant under these circumstances: (1) The applicant has been notified of such deficiencies and has not responded or provided a timeline for completing the application within ninety (90) days from the time of notification. (2) The applicant has not responded in writing to a request for information or documentation from staff or the initial Planning and Zoning Commission review within six (6) months from the date of that request. (3) The applicant has not responded to a request for legal or engineering deposit replenishment for City incurred costs and fees within ninety (90) days from the date of the request. b. If the Zoning Administrator has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. c. Withdrawal or termination of an application shall not affect the applicant’s responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. 4. Once the Zoning Administrator has determined that the application is complete, the application shall be scheduled for consideration at the appropriate meeting, as needed. D. Fees. 1. Every application shall be accompanied by the required filing fee as established and modified, from time to time, by the City Council provided in Section 1-7-9 of the Yorkville Municipal Code. 2. No fees shall be waived, and no fees shall be refunded except those authorized by the Mayor, City Administrator, or their designee in their sole discretion. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 5 of 37 E. Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by the Planning and Zoning Commission or City Council. Such withdrawal shall be in writing. F. Successive Applications. 1. A subsequent application shall not be reviewed or heard within one (1) year of the date of denial unless there is substantial new evidence available or if a significant mistake of law or of fact affected the prior denial. 2. Such subsequent applicant shall include a detailed statement of the grounds justifying its consideration. 3. The Zoning Administrator shall decide as to whether the subsequent application provides substantial new evidence. 4. If the Zoning Administrator finds that there are no grounds for consideration of the subsequent application, they shall summarily and without hearing deny the request. 10-8-3. Permits, Certificates, and Administrative Review A. Summary of Administrative Review and Action. Table 10-8-3(A) summarizes the Administrative Review and Approval Procedures and identifies the administrator that serves as the review and decision-making body. B. Building Permit. 1. Permit Required. A building permit issued by the Zoning Officer shall be required for the construction, reconstruction, enlargement, or relocation of any building or structure. It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land without a building permit. 2. Placement. The permit shall be posted in a prominent place on the premises prior to and during the period of construction, reconstruction, enlargement, or moving. 3. Compliance. Before a building permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Title. 4. Requirements. a. Site Plan. Every application for a building permit submitted to the officer shall be accompanied by a site plan and/or plat of survey, drawn to scale, showing the lot and the building site and the location of existing building on the lot, accurate dimensions of the lot, yards and building or buildings, together with locations and uses, together with such other information as may be necessary to the enforcement of this title. b. PIN Number and Address. Every application shall include the Property Index Number (PIN), lot number, and/or address of the parcel where the improvement is being located. Administrative Review Procedure Zoning Administrator Zoning Officer Building Permit ○● Certificate of Occupancy ○● Lot Split ● Sign Permit ○● Temporary Use Permit ●○ Table 10-8-3(A): Summary of Administrative Review and Approval Procedures Key: ● = Review and Decision Making Body ○ = Review Body United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 6 of 37 c. Fees. No approval shall be issued until appropriate fees have been paid as stated in Section 1-7-9 of the Yorkville Municipal Code. 5. Review Process. a. A building permit application shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing. b. The Zoning Officer and Zoning Administrator or their appointed designee will ensure that every application is in compliance with this Title and all other adopted municipal regulations. c. Site plan review is required prior to the issuance of a building permit to certify compliance and shall be required for any development meeting one of the following criteria. (1) New development, including the construction or placement of any new building(s) or expansion of any existing building. (2) Any development which will increase the overall impervious lot coverage of a parcel. (3) Any development subject to off-street parking and loading requirements. d. The Zoning Officer shall act upon each application after it is filed in compliance with the provisions of this Title and provide the applicant(s) with a fee receipt. e. In the case that an application is not in compliance with this Title or the application provided insufficient information then the Zoning Officer shall notify the applicant, in writing, of said official's refusal to issue an approval detailing the reason(s) for the refusal. 6. Expiration and Lapse of Approval. The applicant shall have six (6) months from the date of approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within six (6) months of the date of approval, the approval shall expire. An extension of the time requirements may be requested in writing and granted by the Zoning Administrator for good cause shown by the applicant, provided a written request is filed with the City at least two (2) weeks prior to the respective deadline. C. Certificate of Occupancy. 1. A Certificate of Occupancy shall be required for any of the following, except buildings incidental to agricultural operations other than residences: a. Occupancy and use of a building hereafter erected or enlarged. b. Change in the use of an existing building. c. Occupancy and use of vacant land except for the raising of crops. d. Change in the use of land to a use of a different classification except for the raising of crops. e. Any change in the use of a nonconforming use. 2. No such occupancy, use or change of use shall take place until a Certificate of Occupancy therefor shall have been issued. 3. Review Process. a. A Certificate of Occupancy shall be reviewed by both the Zoning Officer and Zoning Administrator. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 7 of 37 b. The Zoning Officer and Zoning Administrator shall ensure that every application is in compliance with this Title and all other adopted municipal regulations. c. Zoning Officer Action. The Zoning Officer shall act on an application for a Certificate of Occupancy within ten (10) business days after a written request for the same has been submitted to the Zoning Officer. 4. Temporary Certificate of Occupancy. Pending the issuance of such a certificate, the Zoning Officer may issue a temporary Certificate of Occupancy for a period of not more than six (6) months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. a. Renewal. Such temporary certificate may be renewed an additional six (6) months, but it shall not be construed in any way to alter the respective rights, duties, or obligations of the owner or of the City relating to the use or occupancy of the land or building, or any other matter covered by this title, and such temporary certificates shall not be issued except under such restrictions and provisions as will adequately ensure the safety of the occupants. 5. Records Of Action. A record of all certificates of occupancy shall be kept on file by the Zoning Officer and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected. D. Lot Splits. 1. Applicability. A lot split is a subdivision which meets any one (1) if the following conditions. a. The split of a single lot into three (3) or fewer lots. b. Subdivisions solely for the creation of public right of way or other public tracts of land. c. Lot line or boundary adjustments to a filed Final Plat. d. Correction of errors or omissions on a filed Final Plat, such as legal description errors, typographical and mapping errors, lot identification errors, and surveyor corrections. 2. Lot Split Review Criteria. a. Comprehensive Plan Alignment. The Lot Split is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. b. Compliance. The Lot Split is consistent with the provisions of this Title and the governing zoning district. 3. Zoning Administrator Review and Action. Upon the determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection 2 above. Based upon their review, the Zoning Administrator shall approve or deny the Lot Consolidation/Split application in writing. 4. Advancement To Variance. The Zoning Administrator may advance any Lot Consolidation/Split application to a Subdivision in instances that, in the opinion of the Zoning Administrator, require public input and review by the Planning and Zoning Commission to approve or deny. Any Lot Consolidation/Split advanced to a Subdivision shall follow the procedure in Section 10-8-6. E. Sign Permit. 1. Purpose. A Sign Permit shall be required prior to the display, copy change, construction, erection, or alteration of a sign, and its structural components, on any property to verify compliance with all applicable standards of this Title and the applicable sections of the building code as adopted by the City. All electrical installations associated with the erection and installation of a sign must be done in accordance with the adopted Building and Electrical Codes. 2. Exemptions. Signs exempt from a permit are listed in Section 10-6-4 of this Title. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 8 of 37 3. Sign Permit Review Criteria. To approve the issuance of a Sign Permit, the Zoning Administrator and Zoning Officer shall make an affirmative finding that all applicable provisions of this Title, the Building Code, and all other City ordinances are met. 4. Review Process. a. A Sign Permit application shall be reviewed by both the Zoning Officer and Zoning Administrator. b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations. c. Zoning Officer Action. Based upon their review, the Zoning Officer shall approve or deny the Sign Permit application in writing. 5. Expiration and Lapse of Approval. A Sign Permit shall become null and void, if work authorized under the permit has not been completed within six (6) months of the date of issuance. 6. Comprehensive Sign Plan. Signage may also be approved through a Comprehensive Sign Plan as specified in Section 10-6-8. F. Temporary Use Permit. 1. Purpose. A Temporary Use Permit shall be required prior to the commencement of a Temporary Use identified in Table 10-3-12. 2. Temporary Use Permit Review Criteria. To approve a Temporary Use Permit, the Zoning Administrator shall make an affirmative finding that the following criteria are met: a. Land Use Compatibility. The Temporary Use shall be compatible with the purpose and intent of this Title and the district in which it will be located. The Temporary Use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The Temporary Use shall not endanger or be materially detrimental to the public health, safety, or welfare, or injurious to property or improvements in the immediate vicinity, given the nature of the activity, its location on the site, and its relationship to parking and access points. b. Compliance with Other Regulations. A Building Permit or temporary Certificate of Occupancy may be required before any structure used in conjunction with the Temporary Use Permit is approved, constructed, or modified. All structures and the site shall meet all applicable building code, UDO, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the use or event, the site shall be returned to its previous condition, including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use. c. Hours of Operation and Duration. The duration and hours of operation of the Temporary Use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Zoning Administrator at the time of approval of the Temporary Use Permit. d. Traffic Circulation. The Temporary Use shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections, and traffic controls, as determined by the City Engineer. e. Off-Street Parking. Adequate off-street parking shall be provided for the Temporary Use, as determined by the Zoning Administrator, and it shall not create a parking shortage for any of the other existing uses on the site. f. Public Conveniences and Litter Control. Adequate on-site restroom facilities and on-site solid waste containers may be required as deemed appropriate by the Zoning Administrator. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 9 of 37 g. Appearance and Nuisances. The Temporary Use shall be compatible in intensity, appearance, and operation with surrounding land uses, and shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution. h. Other Conditions. The Zoning Administrator may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, screening/buffering requirements, and guarantees for site restoration and cleanup following the Temporary Use. Conditions may include, but shall not be limited to: (1) Modifications or restrictions on the hours of operation, duration of the event, size of the activity or other operational characteristics. (2) If the permit applicant requests the City to provide extraordinary services or equipment or if the Zoning Administrator otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect public health or safety, the applicant shall pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred. 3. Review Process. a. A Temporary Use Permit shall be reviewed by both the Zoning Officer and Zoning Administrator or an appointed designee of their choosing. b. The Zoning Officer and Zoning Administrator shall ensure that every application complies with this Title, the Building Code, and all other adopted municipal regulations. c. Zoning Administrator Review and Action. Upon determination of completeness, the application shall be reviewed by the Zoning Administrator to ensure the application conforms to the criteria in Subsection (F)(2) above. Based upon their review, the Zoning Administrator shall approve or deny the Temporary Use Permit application in writing. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 10 of 37 10-8-4. Board/Commission General Review and Action Procedures A. Summary of Board/Commission Review and Approval Procedures. Table 10-8-4(A) summarizes the Board and Commission Review and Approval procedures and identifies the appropriate boards or commissions that serve as recommending or decision-making bodies. Table 10-8-4(A): Summary of Board/Commission Review and Approval Procedures Petition Review Procedure Plan Council Economic Development Committee Planning and Zoning Commission City Council Special Use A A R1 D Subdivision A A R D Planned Unit Development A A R1 D Variation A A R1 /D3 D3 Appeal D Text Amendment A R1 D Map Amendment A2 A R1 D Annexations A2 A D Annexation Agreements A2 A D14 Economic Incentive/Development Agreement A2 A D Key: A = Advisory Body R = Recommending Body D = Decision Making Body 1 = Public Hearing Notice Required 2 = Optional Review Step at the Zoning Administrator's discretion 3 = Authorized Variances per Section 10-8-9.B 4 = Taxing Body Notice per Table 10-8-4 (B)(1) B. Public Notice Requirements. 1. Notice Requirements by Procedure. Table 10-8-4 (B)(1) summarizes the notice requirements per Board and Commission review and approval procedure. Table 10-8-4(B)(1): Notice Methods by Board/Commission Review and Action Procedure Petition Review Procedure Published Notice Mailed Notice Special Use ● ● Special Use Major Amendment ● ● Planned Unit Development ● ● Planned Unit Development Major Amendment ● ● Variation ● ● Map Amendment ● ● Text Amendment ● United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 11 of 37 Annexations ● ● Annexation Agreements ● 1 Economic Incentive/Development Agreement Key: ● = Required Notice Method 1= Required Notice only to Trustees of Fire Protection District and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. 2. Published Notice. The City shall cause a notice to be published in a newspaper of general circulation within the City. The notice shall include the date, time, place and purpose of such hearing, the name of the applicant and the legal description, parcel index number (PIN), and/or address of the subject property, if applicable. Such notice shall be published not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date. 3. Mailed Notice. The applicant or the City, at the discretion of the Zoning Administrator, shall mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to all owners of record whose lot or portion of a lot lies within five-hundred (500) feet of the applicable site’s outermost property line. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than fifteen (15) days nor more than thirty (30) days in advance of the scheduled hearing date. a. Affidavit Required. If such notice is mailed by the applicant, The the applicant shall file a sworn affidavit containing a complete list of the names and last known addresses of all owners of record entitled to notice and served, andserved and attach thereto all United States Post Office return receipts as documentation of compliance with provisions in this subsection 3. Such affidavit and the return receipts must be submitted to the Zoning Administrator no later than twenty-four (24) hours in advance of the public hearing. a.b. Annexation Agreements. The applicant or the City, at the discretion of the Zoning Administrator, shall only mail notice by certified mail properly addressed as shown on the county tax assessor's rolls and with sufficient postage affixed thereto, with return receipt requested, to the Trustees of Fire Protection District, and Township Trustees and Commissioner of Highways if the land to be annexed includes any highway under township jurisdiction. The notice shall state the date, time, place, and purpose of the hearing, and shall be sent not less than ten (10) days in advance of the scheduled hearing date, in accordance with Section 7-1-1 et seq. of the Illinois Municipal Code (65 ILCS 5/7-1-1, et seq.) 4. Cost of Notice. All costs associated with mailed and published notice, as required by this UDO, shall be the responsibility of the applicant. C. Recording of Documents. Recording of documents as required by the City in instances of special use, variation, subdivision, consolidation, map amendment, or Planned Unit Development or otherwise required by state statutes, shall be completed by the City Clerk and at the expense of the applicant. Notice of all fees shall be furnished to the applicant by the Zoning Administrator and paid prior to the recording of documents. 10-8-5. Special Uses A. Purpose. The Special Use process is intended to provide the City additional discretion in the approval process for uses which, because of their unique characteristics, require additional consideration due to the potential impact on neighboring land and of the public need for the particular use at the particular location. B. Procedure. The Special Use process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 12 of 37 1. Plan Council. The Plan Council shall review the application and report to the Planning and Zoning Commission its findings and recommendations. a. A community meeting of area/neighborhood property owners explaining the proposed Special Use conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the application and report to the Planning and Zoning Commission its findings and recommendations. 3. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval. 4. City Council. The City Council shall consider the Planning and Zoning Commission’s recommendation, the Zoning Administrator report, and public comment received at the Planning and Zoning Commission public hearing, and shall approve, conditionally approve, or deny the Special Use, or refer the Special Use back to the Planning and Zoning Commission for further consideration. 5. Recordation. Any approved Special Use shall be recorded with the City Clerk. C. Protest. In the event of written protest against any proposed Special Use, signed and acknowledged by the owners of twenty (20) percent of the frontage adjacent thereto, or across an alley, or directly opposite therefrom, such Special Use shall not be granted except by the favorable vote of two-thirds (⅔) of all members of the City Council. In such cases of written protest, a copy of the written protest shall be served by the protestor(s) on the applicant for the proposed Special Use and a copy upon applicant's Attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed Special Use. D. Standards. No Special Use shall be recommended by the Planning and Zoning Commission or approved by the City Council unless the following are found: 1. The establishment, maintenance or operation of the Special Use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The Special Use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within or near the neighborhood in which it is to be located. 3. The establishment of the Special Use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or shall be provided. 5. Adequate measures shall be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The proposed Special Use is not contrary to the objectives of the City’s adopted Comprehensive Plan. E. Conditions and Guarantees. Prior to the granting of any Special Use, the Planning and Zoning Commission may recommend and the City Council may require conditions and restrictions, upon establishment, location, construction, maintenance, and operation of the Special Use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in Subsection F of this section. In all cases in which Special Uses are considered the Planning and Zoning Commission may recommend and the City Council may require such evidence and guarantees as it may deem necessary as proof that the conditions in connection with the Special Use are being and will be complied with as required. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 13 of 37 F. Approval. Any application for a Special Use which fails to receive a majority vote for favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council, and any Special Use application which receives the favorable recommendation or favorable recommendation with conditions from the Planning and Zoning Commission may be denied by a majority vote of the City Council. G. Expiration and Lapse of Approval. In any case where a Special Use has been granted pursuant to the provisions of this chapter, such approval shall become null and void unless it is constructed and in active use within three (3) years of the date of issuance. An applicant may request an extension of an additional year, to be approved by a majority vote of the City Council. H. Amendments to Approved Special Uses. 1. Determination of Level of Change. Upon receiving a Special Use amendment application, the Zoning Administrator shall determine whether the amendment is a minor amendment, or a major amendment based on the criteria detailed in Section 10-8-5(H)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Special Use that results in one or more of the following: a. Increase in the intensity of the site’s use, b. Additional noise, glare, odor, or other impacts that are detectable from off-site c. Affects the subject property in a manner that inhibits its continued use or reuse, or d. Results in a change inconsistent with any standards or conditions imposed by the City Council in approving the Special Use, as determined by the Zoning Administrator 3. Minor Amendment. A minor amendment is any proposed change to an approved Special Use that is consistent with the standards and conditions upon which the Special Use was approved, which does not alter the concept or intent of the Special Use and is not considered a major amendment as detailed in Section 10-8-5(H)(2). 4. Approval Process. a. Major Amendments. A major amendment to an approved Special Use shall follow the procedure for a Special Use approval set in Section 10-8-5(B). b. Minor Amendments. (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. The minor amendment shall be recorded with the City Clerk. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 14 of 37 Figure 8.1. Special Use Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 15 of 37 10-8-6. Subdivision Procedures A. Purpose. The purpose of this section is to establish the procedures regarding the subdivision, development, and platting of land, the preparation of plats, installation of utilities, and extension of streets and highways. B. General Provisions. 1. Zoning District Compliance. No subdivision shall be approved unless it conforms to all of the requirements of this Title. Whenever there is a discrepancy between minimum standards or dimensions of this Title, building codes or other adopted regulations, codes, or ordinances, the most restrictive shall apply. 2. Comprehensive Plan Conformance. a. All proposed subdivisions shall conform to the most recently adopted Comprehensive Plan. b. The arrangement, character, extent, width, grade, and location of all streets shall conform to all the elements of the Comprehensive Plan and shall be designed in accordance with sound planning and engineering principles as well as the improvement provisions outlined in this Section. 3. Subdivision Review Criteria. a. Comprehensive Plan Alignment. The Final Plat is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. b. Compliance. The Final Plat is consistent with the provisions of this Title and the governing zoning district. C. Subdivisions. 1. Applicability. Any subdivision of land dividing or consolidating two (2) or more lots or parcels. 2. Easements. When a subdivision will result in a lot having inadequate access to utility easements, dedication of easements will be required in accordance with the requirements of the Zoning Administrator and the City Engineer. 3. Access and Streets. The splitting of land shall provide each lot with access to a public street or highway, so that access to each lot is assured. 4. Preliminary Plan. The petitioner or landowner may submit for a Preliminary Plan prior to a Final Plat. a. Approval of the Preliminary Plan is tentative only and shall be effective for a period of twelve (12) 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) twelve-month periods. b. The procedure for a Preliminary Plan will follow the procedures outlined in Section 10-8-6(C)(7) of this Title. 5. Final Plan. The petitioner or landowner may submit directly for a final plat. 6. Plat of Subdivision, Plat of Resubdivision or Plat of Consolidation Requirements. a. Size. The plat of subdivision shall be drawn in ink, at a scale of one (1) inch equals one hundred (100) feet or larger, on a nonfading, stable, Mylar material. b. Numbering. When more than one (1) 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. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 16 of 37 c. Information. (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 the Illinois State Plane Coordinate System, East Zone, NAD 83, or the current National Spatial Reference System. (2) Monuments. 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) Exterior Boundary Lines. The exact length and bearing of all exterior boundary lines, public grounds, meander lines, and easements, unless they parallel a noted boundary. (4) Widths. The exact width of all easements, streets, and alleys. (5) Lot Lines. The dimensions of all lot lines, to the nearest one-hundredth of a foot. (6) Setback Lines. Building setback lines on all lots. (7) Consecutive Numbering. All lots consecutively numbered within consecutively numbered blocks. (8) Lot Angles. The number of degrees, minutes, and seconds of all lot angles or bearings of same, other than ninety (90) degrees, 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) Circular Curves. When a street is on a circular curve, the main chord of the centerline 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-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) Street Names. 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) Abutment. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width, names, and recording document numbers of these streets and highways and plats shall also be given. (12) Dedicated Lands. All lands dedicated to public or private use, including roads, streets, and existing easements, shall be clearly marked and recording document numbers shown on the plat. (13) Watercourses and Drainage. All watercourses, drainage ditches, and other existing features pertinent to subdivision. (14) Access to Lakes or Streams. 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. (15) Survey 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 United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 17 of 37 vertical rod, and not less than five (5) inches in diameter by twenty-four (24) inches long or four (4) inches square by twenty-four (24) inches in length, set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Concrete monuments shall be erected at a minimum of two (2) exterior boundary corners. Metal monuments not less than one-half inch in diameter and twenty-four (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) Survey. 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 1/5,000, the plat may be rejected. (17) Certificates of Approval. The current City approved certificates of approval to be shown on final plat, as applicable: (a) Surveyor. (b) Owner. (c) Notary. (d) City Administrator. (e) Township Highway Commissioner, if applicable. (f) County Supervisor of Highways, if applicable. (g) Illinois Department of Transportation, if applicable. (h) City Clerk. (i) City Planning and Zoning Commission, Chairman. (j) City Council Certificate. (k) County Clerk. (l) County Recorder. (m) City Engineer. 7. Procedure. The subdivision process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: a. Plan Council. The Plan Council shall review the Final Plat and report to the Planning and Zoning Commission its findings and recommendations. (1) A community meeting of area/neighborhood property owners explaining the proposed Subdivision conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission meeting. b. Economic Development Committee. The Economic Development Committee shall review the Final Plan and report to the Planning and Zoning Commission its findings and recommendations. c. Planning and Zoning Commission. After reviewing the Final Plat, the Planning and Zoning Commission shall recommend either approval or denial of the Final Plan to City Council in writing and its reasons for such recommendation. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 18 of 37 d. City Council. The Final Plat shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the Final Plat. Any final plat shall be approved by the City Council by ordinance. e. Recording of Final Plat. The Final Plat shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) 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. All necessary fees owed to the City shall satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required. D. Amendments to Approved Subdivisions. 1. Determination of Level of Change. Upon receiving a Subdivision Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria in Section 10-8-6(D)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Subdivision that results in one or more of the following changes: a. Increase in density, b. Increase in the number of dwelling units, c. Reduce open space by more than five (5) percent, d. Modify the proportion of the housing types proposed, e. Change parking areas in a manner that is inconsistent with those in the approved subdivision, f. Alter alignment of roads, utilities, or drainage, or g. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Subdivision as determined by the Zoning Administrator. 3. Minor Amendment. A minor amendment is any proposed change to an approved Subdivision that is consistent with the standards and conditions upon which the Subdivision was approved or meets the criteria set forth in Section10-8- 3(D)(1) of this Title, which does not alter the concept or intent of the Subdivision and is not considered a major amendment as detailed in Section 10-8-6(D)(2). 4. Approval Process. a. Major Amendments. A major amendment to an approved Subdivision shall follow the procedure set in Section 10-8-6(C)(7). b. Minor Amendments. A minor amendment to an approved Subdivision, other than those set forth in Section 10-8- 3(D)(1) of this Title, shall be reviewed as follows.: (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the minor amendment. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. An approved minor amendment shall be recorded by ordinance with the County Recorder of Deeds, within ninety (90) days from the date of final approval, or final approval shall be considered null and United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 19 of 37 void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. All necessary fees owed to the City shall be satisfied in relation to the project and any required security posted prior to the recordation of the final plat is also required. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 20 of 37 Figure 8.2. Subdivision Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 21 of 37 10-8-7. Required Improvements. 1. Improvement Requirements Prior to Filing Final Plat. Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Planning and Zoning 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 applicant may construct and install the required subdivision improvements prior to filing the final plat with the Planning and Zoning Commission for final approval or post a construction guarantee for the public improvements. If construction does not begin within four (4) years of Final Plat approval, the subdivider may be required to revise the plat to comply with new City requirements. 2. Subdivision Securities. a. Construction Guarantee. In lieu of construction in Section 10-8-7(E) of this chapter, the subdivider shall post with the City prior to recordation of the Final Plat, a construction guarantee in the form of an irrevocable letter of credit or irrevocable performance bond, payable to the United City of Yorkville, sufficient to cover the full cost, plus twenty (20) percent, of the required improvements, as estimated by the engineer employed by the subdivider and approved by the City Engineer, to ensure the satisfactory installation of required improvements as outlined in this chapter, and contained in the approved plans and specifications prior to the recording of the final plat. A surety or bank recognized by the State of Illinois, and carrying a rating sufficient to cover the cost of construction, and approved by the City Attorney, shall issue the bond or letter of credit posted. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below twenty (20) 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 (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year. b. Projects Nearing Two (2) Years. Projects nearing (2) two years into construction will receive a status inquiry letter from the City Engineer and require an updated public improvement completion (PIC) schedule. c. Projects Nearing Three (3) Years. Projects nearing (3) three years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements and will require an updated PIC schedule. d. Projects Nearing Four (4) Years. Projects nearing four (4) years into construction will receive a status inquiry letter from the City Engineer with a punchlist of uncompleted improvements, require an updated PIC schedule and formal notification that the project will be in default if an extension is not requested and approved prior to the four- year construction deadline. e. Projects Over Four (4) Years. Projects over four (4) years into construction will receive notification of default from the City Engineer, at the City Council direction, indicating that the letter of credit or performance bond is subject to a demand for call within sixty (60) days of the date of the notice should the developer not seek an extension for completion. f. Reduction of Subdivision Securities. Final acceptance, approval of land improvements and corresponding reduction or release of letters of credit and/or performance bonds shall be as follows: (1) The City Engineer shall issue a written recommendation including the basis for approving, denying, or modifying a request for reduction. The recommendation shall include the amount of the reduction based upon the engineer's estimate of probable cost as adjusted by an inflation factor from the initial date of issuance of the letter of credit or performance bond to the date of reduction. In order to calculate the inflation factor, the "Engineering News Record" construction cost index shall be used. The City Engineer shall also determine the remaining amount of the letter of credit and/or performance bond after the reduction. (2) The City Engineer's written recommendation shall be forwarded to the City Administrator for approval. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 22 of 37 (3) Following the City Administrator's concurrence with the City Engineer's recommendation, the reduction shall be deemed approved or denied and the City Engineer is authorized to issue a letter to implement the decision. (4) In the event the City Administrator does not concur with the City Engineer's recommendation, the Mayor shall have the final authority to approve or deny the City Engineer's recommendation. (5) A developer may appeal the decision of the City Administrator to the Mayor, who shall review and make a final determination to affirm or reverse the City Administrator's initial decision. (6) The City Administrator or designee shall issue reports quarterly or more frequently as deemed appropriate, to the Mayor and City Council that summarize letter of credit and/or performance bond reduction requests that have been received and actions taken pursuant to those requests. 3. Construction Warranty. a. The subdivision irrevocable performance bond or letter of credit shall be released after an appropriate City Council action accepting the improvements for public ownership. Except as provided in subsection (b) of this section, this subdivision letter of credit or performance bond 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 all improvements will properly function as designed, with no defects before the City Council formal acceptance. b. A maintenance guarantee shall be required for all landscaping but shall not be required for improvements that are on private property that do not serve, benefit, or impact properties other than the one (1) being developed. c. It is a violation of this Code to fail to complete an infrastructure component that results in harm to the public improvement system or in the potential failure of the system. 4. Filing. Not more than ten (10) months after Final 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: a. Streets, b. Curbs and gutter, c. Storm drainage, including storm sewers and stormwater detention, building storm drains (footings, roof, etc.), d. Comprehensive drainage plan, including grades of surface drainageways, e. Sanitary sewerage system, f. Water supply and distribution, g. Public utility locations, h. Streetlights, i. Sidewalks, j. Street signs, guardrails, and other special requirements, k. Parkway trees, and l. Payment in full of all City fees. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 23 of 37 5. Construction and Inspection. a. 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 this section and the City's standard specifications for improvements. b. The subdivider shall pay all expenses incurred by the United City of Yorkville to provide field inspections and testing of all construction work and materials before, during, and after construction. c. On-street parking during build out of the development shall be limited to one (1) 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. d. Dumpsters, work trailers, and construction materials shall not be stored or located in roadways or public rights-of- way at any time, without exception. e. The subdivider is required to submit an acknowledgment of public improvement completion (PIC) schedule in a form approved by the City Attorney and City Engineer. The PIC schedule shall include the following information: (1) The schedule when public improvements are to be completed. (2) The schedule shall state that the City will place as a condition in the Final Plat of subdivision approval ordinance or PUD ordinance that the development must have all streets, sewers, water mains, streetlights, and other public improvements installed in a workmanship-like manner within four (4) years of initial construction. (3) The schedule will require the subdivider/developer to provide proof by a title search that all accepted infrastructure is free and clear of all liens and encumbrances. (4) The schedule shall state that the subdivider/developer will maintain the public improvements until they are approved and accepted by the City. 6. As-Built Plans. 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 of credit assuring their completion. The coordinate system for as built drawings shall be NAD27 Illinois State planes, east zone, U.S. foot (IL-E). The "as built" plans shall be submitted on reproducible Mylar, and digitally in a format acceptable to the City. 7. Acceptance of Dedication, Improvements. a. 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. b. Recordation of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements. c. 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, make recommendations in 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 United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 24 of 37 required in the amount of ten (10) percent of the cost of the land improvements, as specified in this title, after City Council acceptance. 10-8-8. Planned Unit Development A. Purpose and Intent. The purpose of the regulations, standards, and criteria contained in this Section is to provide an alternate procedure under which land can be developed or redeveloped with innovation, imagination, and creative architectural design when sufficiently justified under the provisions of this Section. The objective of the Planned Unit Development process is to accommodate a higher level of design and amenity than is possible to achieve under otherwise applicable UDO regulations. The end result can be a product which fulfills the objectives of City plans and policies, including but not limited to the Comprehensive Plan, while departing from the strict application of the regulations of this UDO. The Planned Unit Development is intended to permit and encourage such flexibility and to accomplish the following purposes: 1. To promote long term planning pursuant to the City of Yorkville Comprehensive Plan and other relevant plans and City policies. 2. To stimulate creative approaches to the commercial, residential, and mixed-use development of land. 3. To provide more efficient use of land. 4. To preserve natural features and provide open space areas and recreation areas in excess of that required under this UDO. 5. To develop new approaches to the living environment through variety in type, design and layout of buildings, transportation systems, and public facilities. 6. To unify buildings and sites through design. B. General Provisions. 1. Any development encompassing four (4) or more acres in area shall be approved as a Planned Unit Development in accordance with this UDO. 2. Each Planned Unit Development shall be presented and judged on its own merits. It shall not be sufficient to base justification for approval of a Planned Unit Development solely upon an already existing Planned Unit Development except to the extent such Planned Unit Development has been approved as part of a development master plan. 3. The burden of providing evidence and persuasion that any Planned Unit Development is necessary and desirable shall rest with the applicant. C. Planned Unit Development Relation to Base District Standards. 1. A Planned Unit Development, if approved, shall be a Special Use. 2. A Planned Unit Development, if approved, may allow for modifications to the standards of the base district. All such modifications shall be referred to as site development allowances. 3. Notwithstanding any limitations on Variations which can be approved as contained elsewhere in this UDO, site development allowances may be approved provided the applicant specifically identifies each site development allowance in the Planned Unit Development application and demonstrates how each site development allowance would be compatible with surrounding development; is necessary for proper development of the site; and is aligned with a minimum of one (1) of the modification standards detailed in Section 10-8-8(D). 4. All approved site development allowances shall be delineated in the ordinance approving the Planned Unit Development as a Special Use as it applies to the subject property. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 25 of 37 D. Modification Standards. An applicant seeking a site development allowance shall be required to justify their request through the provision of tangible benefits to the City of Yorkville by meeting a minimum of one (1) of the modification standards detailed below. 1. Landscape Conservation and Visual Enhancement. The Planned Unit Development preserves and enhances existing landscape, trees, and natural features such as rivers, streams, ponds, groves, and landforms. 2. Sustainable Design. The Planned Unit Development is designed with consideration given to various methods of site design and building location, architectural design of individual buildings, employment of an alternative energy system or solution, and landscaping design capable of reducing energy consumption and improving onsite stormwater management. 3. Public Gathering Space. The Planned Unit Development includes public gathering space, the amount of which is proportional to the size of buildings or number of dwelling units. The public gathering space is activated through the use of moveable tables and chairs, a fountain or other water feature, a sculpture or other public art feature, benches, seat walls, raised landscape planters, pedestrian scale, and celebratory lighting such as string lights, and/or other features. The public gathering space is integrated into the overall design of the Planned Unit Development and has a direct functional or visual relationship to the main building(s) and is not of an isolated or leftover character. 4. Placemaking. The Planned Unit Development has a distinctive identity and brand that is utilized in the signs, streetscape, architecture, public gathering spaces, open spaces, etc. 5. Universal Design. the Planned Unit Development includes buildings designed with accessible features such as level access from the street and/or zero entry thresholds. 6. High Quality Building Materials. The Planned Unit Development utilizes time and weather tested building materials that are of a higher quality than what is otherwise required by this UDO. 7. Age-Targeted Development. The Planned Unit Development includes residential dwelling units, amenities, and design characteristics intended to accommodate the lifestyles and needs of senior citizens. 8. Affordability. The Planned Unit Development includes residential dwellings that are deed restricted for households that make less than or equal to eighty (80) percent of the Kendall County median income. 9. Provision of a Public School. The Planned Unit Development includes a facility that directly supports the functioning or operation of the Yorkville Community Unit School District or another public school district. 10. Provision of a Regional Park. The Planned Unit Development includes a park of sufficient size and with high quality amenities adequate to draw visitors and provide recreational opportunities for residents throughout the region in addition to serving residents of Yorkville. The regional park is integrated into the design of the Planned Unit Development and has a direct relationship to the other main buildings and uses on-site. 11. Funding or Construction of Public Roadways. The Planned Unit Development includes the construction of roadways adjacent to the subject site as planned in the City of Yorkville Comprehensive Plan, Kendall County Long- Range Transportation Plan, or another transportation plan adopted by a local, County, or regional entity. 12. Regional Utility Improvements. The Planned Unit Development involves the construction of a utility improvement identified in the City or Yorkville Comprehensive Plan or other policy document adopted by a local, County, or regional entity. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 26 of 37 E. Standards of Review. The following standards for review shall be utilized in the review of a Planned Unit Development application as a whole, including any requested site development allowances and the modification standards proposed to justify those requests. The standards of review in this Section shall be considered in addition to the standards for Special Use Permits as specified in Section 10-8-5. No application for a Planned Unit Development shall be approved unless the City Council finds that the application meets all of the following standards: 1. Plan and Policy Alignment. The Planned Unit Development is consistent with the goals, objectives, and policies set forth in the Comprehensive Plan and other adopted plans and policy documents of the City. 2. Integrated Design with Identifiable Centers and Edges. The Planned Unit Development shall be laid out and developed as a unit in accordance with an integrated overall design, in which the various land uses function as a cohesive whole and support one another. The design shall provide identifiable centers, which form focus areas of activity in the development, and edges, which define the outer borders of the development, through the harmonious grouping of buildings, uses, facilities, public gathering spaces, and open space. 3. Public Welfare. The Planned Unit Development is designed, located, and proposed to be operated and maintained so that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare. 4. Compatibility with Adjacent Land Uses. The Planned Unit Development includes uses which are generally compatible and consistent with the uses of adjacent parcels. If the uses are not generally compatible, all adverse impacts have been mitigated through screening, landscaping, public open space, and other buffering features that protect uses within the development and surrounding properties. 5. Impact on Public Facilities and Resources. The Planned Unit Development is designed so that adequate utilities, road access, stormwater management, and other necessary facilities will be provided to serve it. The Planned Unit Development shall include such impact fees as may be reasonably determined by the City Council. These required impact fees shall be calculated in reasonable proportion to the impact of the Planned Unit Development on public facilities and infrastructure. 6. Archaeological, Historical or Cultural Impact. The Planned Unit Development does not substantially adversely impact an archaeological, historical, or cultural resource, included on the local, state, or federal register, located on or off the parcel(s) proposed for development. F. Procedure. 1. Plan Council Review. Plan Council shall review and discuss the Planned Unit Development and make a recommendation to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review criteria to the Planning and Zoning Commission. a. A community meeting of area/neighborhood property owners explaining the proposed Special Use for Planned Unit Development conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the Planned Unit Development and report to the Planning and Zoning Commission its findings and recommendations. 3. Public Hearing, Review, and Recommendation by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the proposed Special Use for Planned Unit Development, and, at the close of the public hearing and after consideration of the staff report and public comment, make a recommendation to the City Council to approve, approve with modifications, or deny the Planned Unit Development based on the applicable review standards. The Zoning Administrator, on behalf of the Planning and Zoning Commission, shall transmit a report containing its recommendation to approve, approve with modifications, or deny the application to the City Council. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 27 of 37 4. City Council Action. The City Council shall hear the proposed Planned Unit Development, and, at the close of the meeting and after consideration of the Planning and Zoning Commission recommendation, Zoning Administrator Report, and public comment either: a. Approve the application, b. Approve the application with modifications, c. Deny the application, d. Refer the application back to the Planning and Zoning Commission for further review, or e. Postpone further consideration pending the submittal of additional information, including any application requirement previously waived. G. Amendments to Approved Planned Unit Development. 1. Determination of Level of Change. Upon receiving a Planned Unit Development Amendment application, the Zoning Administrator shall determine whether the amendment is a major amendment, or a minor amendment based on the criteria detailed in Section 10-8-8(G)(2) below. 2. Major Amendment. A major amendment is any proposed change to an approved Planned Unit Development that results in one or more of the following changes: a. Increase density, b. Increase the height of buildings, c. Reduce open space by more than five (5) percent, d. Modify the proportion of housing types, e. Change parking areas in a manner that is inconsistent with this UDO, f. Increase the approved gross floor area by more than five hundred (500) square feet, g. Alter alignment of roads, utilities, or drainage, or h. Result in any other change inconsistent with any standard or condition imposed by the City Council in approving the Planned Unit Development and/or the approved Site Plan, as determined by the Zoning Administrator. 3. Minor Amendment. A minor amendment is any proposed change to an approved Planned Unit Development that is consistent with the standards and conditions upon which the Planned Unit Development was approved, which does not alter the concept or intent of the Planned Unit Development and is not considered a major amendment as detailed in Section 10-8-8(G)(2). 4. Approval Processes. a. Major Amendment. A major amendment to an approved Planned Unit Development shall follow the procedure set in Section 10-8-8(F). b. Minor Amendment. (1) Zoning Administrator Review. The minor amendment shall be reviewed by the Zoning Administrator for compliance with the Comprehensive Plan and the applicable standards of this UDO. The Zoning Administrator shall then make a recommendation to City Council to approve or deny the application. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 28 of 37 (2) City Council Review. The minor amendment shall be reviewed by the City Council to ensure that the application meets the applicable review criteria. Based on the review, the City Council shall approve or deny the application. Any amendment shall not be approved except by the favorable vote of two-thirds (⅔) of all the members of the City Council. Any minor amendment shall be approved by the City Council by ordinance. (3) Recordation. The minor amendment shall be recorded with the City Clerk. H. Expiration and Lapse of Approval. For any Planned Unit Development in which there has been no Building Permit issued nor any portion of the property platted after three (3) years since approval by the City Council, the Planned Unit Development shall be considered null and void and shall be brought back before the Planning and Zoning Commission and the City Council for consideration prior to any development on the property. The underlining zoning of the Planned Unit Development shall not expire, only the Planned Unit Development overlay shall expire. Figure 8.3. Planned Unit Development Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 29 of 37 10-8-9. Variations A. Authority. The Planning and Zoning Commission, after a public hearing, may recommend a Variation to the regulations of the UDO in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Planning and Zoning Commission holds a public hearing and makes findings of fact in accordance with the standards of this section, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this UDO. B. Authorized Variations. Variations from the regulations of this title shall be granted by the Planning and Zoning Commission only in accordance with the standards established in subsection (C) of this section and may be granted only in the following instances: 1. To permit any yard or setback less than the yard or setback required by the zoning district, but by no more than twenty- five (25) percent. 2. To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient size or widths of the lot or lots. In no event shall the respective size and width of the lot or lots be less than ninety (90) percent of the required area and width. The percentage set forth in this subsection is not to be reduced by any other percentage for minimum lot width and area set forth in this title. 3. To reduce the applicable off-street parking facilities required by not more than one (1) parking space or loading space, or twenty (20) percent of the applicable regulations, whichever number is greater. 4. To increase by not more than twenty-five (25) percent the maximum distance that required parking spaces are permitted to be located from the use served as specified in Section 10-5-1(G). 5. To allow for the deferment, or land banking, of required parking facilities for a reasonable period. 6. To increase by not more than ten (10) percent the maximum gross floor area of any use so limited by the applicable regulations as specified in Chapter 4. 7. To exceed any of the authorized Variations allowed under this subsection when a lot of record or a zoning lot, vacant or legally used on the effective date hereof, is, by reason of the exercise of the right of eminent domain by any authorized governmental domain proceeding, reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one (1) or more of the regulations of the district in which said lot of record or zoning lot or structure is located. C. Standards for Variations. 1. The Planning and Zoning Commission shall not grant a Variation from the regulations of this UDO unless it shall make findings based upon the evidence presented that the standards for hardships set forth in the Illinois Municipal Code are complied with in addition to the following: a. A particular hardship to the owner would result because of the physical surroundings, shape, or topographical conditions of the subject property, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out. b. The conditions upon which the petition for a Variation is based are unique to the subject property and are not applicable, generally, to other properties within the same zoning district. c. The difficulty or hardship is not created by any person presently having an interest in the property. d. The Variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 30 of 37 e. The proposed Variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger to the public, or substantially diminish or impair property values within the neighborhood. f. The proposed Variation is consistent with the official comprehensive plan and other development standards and policies of the City. 2. Land Banked Parking Facilities Review Standards. a. Sufficient evidence is provided by the applicant that supports the reduced parking needs. b. Approval of a land bank parking plan which illustrates the area proposed for land banking of parking spaces in an area suitable for parking at a future time. c. Landscaping of the land banked area must be in full compliance of the zoning regulations with this title and, at a minimum, landscaped with turf. As a result of the site plan review process, the Zoning Board of Appeals Planning and Zoning Commission may require additional landscaping of the land banked area. d. The land banked area cannot be used for any other use and must be part of the same zoning lot and all under the same ownership. e. As part of the variance process, the applicant must show the area to be banked on the overall site plan and marked as "Land Banked Future Parking". 3. Conditions. The Planning and Zoning Commission may impose such conditions and restrictions upon the premises benefited by a Variation as may be necessary to comply with the standards established in this subsection to reduce or minimize the effect of such Variation upon other property in the neighborhood and to better carry out the general intent of this title. 4. Procedure. The variation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: a. Plan Council. The Plan Council shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations. b. Economic Development Committee. The Economic Development Committee shall review the variation request and report to the Planning and Zoning Commission its findings and recommendations. c. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended stipulations of conditions and guarantees as part of the approval. d. City Council. The application shall be reviewed by the City Council to ensure that the application meets all the applicable review criteria. Based on the review, the City Council shall approve or deny the application. 5. Expiration and Lapse of Approval. Where a Variation has been granted pursuant to the provisions of this section, such approval shall become null and void unless construction thereon is substantially under way within twelve (12) months of the date of issuance, unless extended by the Zoning Administrator. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 31 of 37 10-8-10. Appeals A. Purpose. An Appeal may be taken to the Planning and Zoning Commission for any order, requirement, decision, interpretation, or determination of the regulations of this title made by the Zoning Administrator by any individual aggrieved by the action taken under. The Planning and Zoning Commission shall hear the Appeal, hold a public meeting, and render a decision. B. Initiation. An Appeal may be taken within thirty (30) days of the action of the Zoning Administrator by filing a notice of Appeal specifying the grounds thereof, who shall forward such Appeal to the Planning and Zoning Commission. C. Procedure. 1. Planning and Zoning Commission. The Planning and Zoning Commission shall review the Appeal at a regularly scheduled meeting. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination relating to this title, made by the Zoning Administrator subject to the criteria in Section 10-8-10(D). D. Appeal Review Criteria. An Appeal of administrative decisions shall be granted only if the Planning and Zoning Commission makes one of the following findings. 1. The decision constituted an erroneous application or interpretation of this UDO. 2. The decision constituted an abuse of the administrative official’s discretion to interpret or apply this UDO. 3. The decision was rendered based upon an erroneous material fact. E. Record of Action. The Planning and Zoning Commission’s decision shall be filed and recorded with the City Clerk. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 32 of 37 10-8-11. Text Amendments A. Initiation of Text Amendments. Text Amendments to this UDO may be proposed by an owner, lessee, agent, majority beneficiary of a land trust, or contract purchaser of property located in the City or by the Mayor and City Council, Planning and Zoning Commission, Zoning Administrator, or City Administrator.the Mayor and City Council, the Planning and Zoning Commission, City staff, majority beneficiary of land trust, contract purchaser, any property owner, or an authorized agent. B. Text Amendment Review Criteria. 1. The proposed Text Amendment is consistent with the purpose of this UDO and the City’s Comprehensive Plan. 2. The Text Amendment will not adversely affect the public health, safety, or general welfare. C. Procedure. The text amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Economic Development Committee. The Economic Development Committee shall review the text amendment request and report to the Planning and Zoning Commission its findings and recommendations. 2. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations, including the recommended modifications and guarantees as part of the approval. 3. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Text Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration. Figure 8.4. Text Amendment Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 33 of 37 10-8-12. Map Amendments A. Initiation of Amendments. Map Amendments may be proposed by the subject property owner, the Mayor and City Council, the Planning and Zoning Commission, Zoning Administrator, or another City official. B. Map Amendment Review Standards. The Planning and Zoning Commission shall approve make findings of fact regarding Map Amendments only if thebased upon the following standards: are satisfied. 1. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO. 2. The proposed Map Amendment is consistent with the Comprehensive Plan and the purposes of this UDO. 3.2. The proposed Map Amendment is consistent compatible with the existing and planned uses and zoning of nearby properties. 4.3. The subject property is suitable for the purposes of the proposed zoning district. 5.4. The proposed Map Amendment will not result in an individual parcel zoned in one zoning district that is not shared by any adjacent parcels, and. 5. The proposed parcel(s) to be rezoned shall meet the minimum frontage and area requirements of the requested zoning district as specified in Section 10-3-9(A), unless otherwise granted relief as specified in Section 10-8-9. Variations. 6. The community need for the proposed use, and 6.7. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. C. Procedure. The map amendment process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. The Plan Council shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations. a. A community meeting of area/neighborhood property owners explaining the proposed Map Amendment conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the map amendment request and report to the Planning and Zoning Commission its findings and recommendations. 3. Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application. The Planning and Zoning Commission shall report to the City Council its findings and recommendations. 4. City Council. The City Council, upon receiving the recommendation of the Planning and Zoning Commission, may approve or deny a proposed Map Amendment in accordance with applicable Illinois Statutes or may refer to the Planning and Zoning Commission for further consideration. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 34 of 37 Figure 8.5. Map Amendment Procedure United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 35 of 37 10-8-13. Annexations A. Petition for Annexation. All Annexations shall be initiated by the filing of a petition with the Zoning Administrator. Such petitions shall be verified under oath by all the record title owners, including mortgage holders, of all the lands included within the Annexation. B. Procedure. The annexation process will require the review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. Plan Council shall review the application for annexation and report to the City Council its findings and recommendations as part of the approval. a. A community meeting of area/neighborhood property owners explaining the proposed Annexation conducted by the petitioner at their own expense and at a location of their choosing may be required as a recommendation from the Plan Council prior to the Planning and Zoning Commission public hearing date. 2. Economic Development Committee. The Economic Development Committee shall review the annexation request and report to the City Council its findings and recommendations. 3. City Council. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B). City Council shall approve or deny a proposed by a majority vote in accordance with applicable Illinois Statute. C. Request for Zoning Map Amendments. All petitions for Annexation agreement requesting a zoning classification other than the R-1, Single-Family Suburban Residence Zoning District shall be processed in the same manner as a petition for a request for a Map Amendment as provided in Section 10-8-12 for lands within the jurisdictional limits of the City. All such requests for a Map Amendment or Variations shall be accompanied by the fees as provided in Section 10-7-9 of the Yorkville Code of Ordinances and the said fees shall be paid at the time of filing the petition for Annexation agreement. C.D. Petition for Annexation Agreement. All petitions for Annexation which do not include requests for rezoning classification, other than those assigned to property upon annexation into the City, or a request for variations, but seek other approvals by the City Council shall require an annexation agreement. The City Council shall hold a public hearing on the proposed annexation. The City Clerk shall publish notice of the public hearing as required in Section 10-8-4(B). United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 36 of 37 Figure 8.6. Annexation Agreement Procedure 10-8-14. Economic Incentive/Development Agreement A. Petition for Economic Incentive/Development Agreement. Economic Incentive and Development Agreements are negotiated between the municipality and the developer and/or owner on a project-by-project basis. Such items considered as part of an economic incentive or development agreement are the amount of tax sharing, timing of payments, performance and compliance requirements and any other details. Applications will be evaluated on the merits of their impact to create or maintain jobs; further development; strengthen the commercial or industrial sector; enhance the tax base; and be in the overall best interest of the municipality. B. Procedure. The economic incentive/development agreement process will require review of the following bodies unless otherwise determined by the Zoning Administrator: 1. Plan Council. The Plan Council shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations. 2. Economic Development Committee. The Economic Development Committee shall review the economic incentive/development agreement request and report to the City Council its findings and recommendations. 3. City Council. The City Council, upon receiving the recommendation of the Economic Development Committee, may approve or deny a proposed economic incentive/development agreement in accordance with applicable Illinois Statutes or may refer to the Economic Development Committee for further consideration. United City of Yorkville Chapter 8. UDO Review and Approval Procedures Unified Development Ordinance Update Page 37 of 37 Figure 8.7. Economic Incentive/Development Agreement Procedure Sold To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Bill To: United City of Yorkville - CU00410749 651 Prairie Pointe Drive Yorkville,IL 60560 Certificate of Publication: Order Number: 7672727 Purchase Order: PZC 2024-17 State of Illinois - Kane Chicago Tribune Media Group does hereby certify that it is the publisher of the The Beacon-News. The The Beacon-News is a secular newspaper, has been continuously published Daily for more than fifty (50) weeks prior to the first publication of the attached notice, is published in the City of Aurora, Township of Aurora, State of Illinois, is of general circulation throughout that county and surrounding area, and is a newspaper as defined by 715 IL CS 5/5. This is to certify that a notice, a true copy of which is attached, was published 1 time(s) in the The Beacon-News, namely one time per week or on 1 successive weeks. The first publication of the notice was made in the newspaper, dated and published on 7/29/2024, and the last publication of the notice was made in the newspaper dated and published on 7/29/2024. This notice was also placed on a statewide public notice website as required by 715 ILCS 5/2. 1. PUBLICATION DATES: Jul 29, 2024. ___________________________________________________________________________________ The Beacon-News In witness, an authorized agent of The Chicago Tribune Media Group has signed this certificate executed in Chicago, Illinois on this 29th Day of August, 2024, by Chicago Tribune Media Group Jeremy Gates Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Chicago Tribune - chicagotribune.com 160 N Stetson Avenue, Chicago, IL 60601 (312) 222-2222 - Fax: (312) 222-4014 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #3 Tracking Number PZC 2024-18 & EDC 2024-54 PZC 2024-18 – Kendall Co. Pet. 24-07 (Jerry Styrczula on Behalf of A&D Properties, LLC) City Council – September 24, 2024 PZC – 9/11/24 Moved forward to City Council agenda. PZC 2024-18 & EDC 2024-54 Majority Approval 1.5-Mile Review of a site plan to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar. Sara Mendez Community Development Name Department SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Jerry Styrczula, on behalf of A&D Properties, LLC, is requesting site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at 7789 Route 47. The real property is located north of Ament Road and immediately west of South Bridge Street in unincorporated Kendall County. The site will consist of a main building of approximately 13,000 square feet and two metal-frame buildings totaling 17,000 square feet, resulting in a total building area of 30,000 square feet. The property also includes a detention area in the southwest section along Route 47, as shown on the site plan below. The site plan also shows five (5) customer parking stalls, twenty-four (24) employee parking stalls, and fifty-eight (58) trailer parking stalls, for a total of eighty-seven (87) parking spaces at full build-out. There will be one access point from Route 47 and another from Conservation Drive Memorandum To: City Council From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: September 13, 2024 Subject: PZC 2024-18 – Jerry Styrczula on Behalf of A&D Properties, LLC (Site Approval Plan) 1.5 Review PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petition 24-07 for site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi- tractors, and similar uses at 7789 Route 47, the Planning and Zoning Commission recommends to the City Council to (object or not to object) to the request. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay ATTACHMENTS 1. Application with Attachments 2. Email from Daniel Kramer SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Jerry Styrczula, on behalf of A&D Properties, LLC, is requesting site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at 7789 Route 47. The real property is located north of Ament Road and immediately west of South Bridge Street in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 7789 Route 47 in unincorporated Kendall County and is comprised by two (2) parcels totaling ~16.4 acres. Currently owned by A&D Properties, LLC, there are two (2) existing buildings on the property. The building to the north is approximately five thousand, three hundred sixty-six (5,366) square feet and the building to the south is approximately eleven thousand, three hundred (11,300) square feet. Additionally, part of the property is vacant. The site currently is occupied by several trucks. The property fronts Route 47 and has one (1) access point off Route 47. There is a deceleration lane for south bound traffic off Route 47. The property also has one (1) access point off Conservation Drive. The property is immediately southwest of Yorkville’s corporate boundary, approximately 0.30 miles (~1600 feet) from the Windett Ridge Subdivision. In April 2024, the City of Yorkville received a request from Jerry Styrczula, on behalf of A&D Properties, LLC, requesting an approval of a map amendment (rezoning) for this property from B-3 Highway Business District to M-1 Limited Manufacturing District for the purpose of operating a trucking business, Freuhauf Manufacturing. In May 2024, the City of Yorkville recommended the rezoning of the property from B-3 Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: August 21, 2024 Subject: PZC 2024-18 – Jerry Styrczula on Behalf of A&D Properties, LLC (Site Approval Plan) 1.5 Review Business Highway District to M-1 Limited Manufacturing District. Additionally, in June 2024, the County Board approved the rezoning of the property to M-1 Limited Manufacturing District. PROPOSED DEVELOPMENT: The property is currently zoned M-1 Limited Manufacturing District in Kendall County. Per Kendall County’s Zoning Ordinance, all development proposed in the district must obtain site approval from the County Board. According to the application and site plans provided, the petitioner would like site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses. The site will consist of an approximately 13,000 square foot main building, and two (2) metal and frame buildings totaling approximately 17,000 square feet. The property also includes a detention area on the southwest area on Route 47, as illustrated on the site plan below. Site Plan The site plan, as illustrated above, indicates a total building area of approximately 30,000 square feet. The site plan shows five (5) customer parking stalls, twenty-four (24) employee parking stall, and fifty-eight (58) parking stalls for trailers, totaling 87 parking stalls at full build out. The site plan shows one (1) access from Route 47 and one (1) access from Conservation Drive. Engineering The City’s engineering consultant, EEI, has reviewed the submitted civil plans. Their only comment is the petitioner should submit their plans to the Illinois Department of Transportation (IDOT) for an entrance permit and to coordinate with the Illinois Department of Transportation (IDOT) regarding the future widening improvements that are planned in the area. YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential and Agricultural Zone (AZ). The Estate/Conservation Residential future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low -density detached single- family housing but also include sensitive environmental and scenic features that should be retained and enhanced. The Agricultural Zone future land use designation is primarily intended for lands expected to remain for agricultural uses, both farming and restricted forms such as pastures, gardening, riding stables, nurseries, and greenhouses. As previously mentioned, this property was granted rezoning approval by Kendall County changing the property from B-3 Business Highway District to M-1 Limited Manufacturing District. This rezoning was also reviewed and not objected to by the City of Yorkville in May 2024 as part of the 1.5-mile review process. The new zoning classification is consistent with Kendall County’s recent changes to its Future Land Use Map. The proposed land use and M-1 zoning in Kendall County is inconsistent with Yorkville’s Comprehensive Plan. If approved, the proposed facility to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses would necessitate a review and potential amendment to Yorkville’s Comprehensive Plan’s future land use plans for this area. An appropriate future land use designation would be General Industrial (GI) which is intended for a broad range of warehousing and manufacturing activities of minimal environmental impact. EDC COMMENTS At the May 7, 2024, Economic Development Committee meeting, Daniel Kramer stated that his client, Jerry Styrczula, a dealer of Fruehauf Manufacturing, would solely be conducting trailer sales and would not be running a trucking business on the site. However, at the August 6, 2024, Economic Development Committee meeting, the committee requested clarification on whether the trailers currently on the site would be removed or remain, especially given that the site plans display storage for semi -tractors, semi- trailers, small trailers, and similar uses. Mr. Kramer responded via e-mail on August 8, 2024, “Sure the language is meant to cover the Sales of the new Trailers. We have continued to represent to the County and as part of Owner’s Business plan he has absolutely no intention, nor permission to run a trucking business at the site. There are still some Remnants of Trailers that were sent to His site that had been used by Plano Molding (rented to that customer by Jerry’s business) at their Manufacturing and Distribution sites in Plano and Sandwich to store inventory. Plano Molding cut way down on Storage of both and returned them to Jerry. He is selling and sending them to auctions to dispose of, and they will not remain on site. Hopefully that answers the concerns”. In summary, the clarification provided by Daniel Kramer confirms that the trailers in question are being sold and that there are no plans to operate a trucking business at the site. A&D Properties, LLC, the owner of the property, has no intention or authorization to use the site for trucking operations, and the remaining trailers will be removed in due course. STAFF COMMENTS Staff is seeking input from the Planning and Zoning Commission as the one-and-a-half-mile review allows for the City to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to City Council on September 24, 2024. This item was delivered to the City on June 26, 2024. PROPOSED MOTION In consideration of the proposed mile and one-half review of Kendall County Petition 24-07 for site plan approval to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi- tractors, and similar uses at 7789 Route 47, the Planning and Zoning Commission recommends to the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments 2. Email from Daniel Kramer ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 1 of 5 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-07 Jerry Styrczula on Behalf of A&D Properties, LLC Site Plan Approval INTRODUCTION A&D Properties, LLC would like site plan approval in order to operate a trucking business for the sale and storage of semi-trailers, small trailers, semi-tractors, and similar uses at 7789 Route 47. The County Board approved the rezoning of this property to M-1 in June 2024. The application materials are included as Attachment 1. The proposed site plan is included as Attachment 2. The proposed landscaping plan is included as Attachment 3. SITE INFORMATION PETITIONERS: Jerry Styrczula on Behalf of A&D Properties, LLC ADDRESS: 7789 Route 47, Yorkville LOCATION: West Side of Route 47 Approximately 0.5 Miles North of Ament Road TOWNSHIP: Kendall PARCEL #s: 05-09-300-015 LOT SIZE: 16.4 +/- Acres EXISTING LAND Vacant and Improved Commercial ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 2 of 5 USE: ZONING: B-3 Highway Business District LRMP: Future Land Use Mixed Use Business Yorkville’s Plan calls for the property to be Estate/Conservation Residential Roads Route 47 is a State maintained Arterial Road. Trails There are no trails planned in this area. Floodplain/ Wetlands There are no floodplains or wetlands on the property. REQUESTED ACTION: Site Plan Approval APPLICABLE REGULATIONS: Section 13:10 – Site Plan Review SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Improved Commercial, Agricultural, Single- Family Residential R-2 and B-3 (Yorkville) Suburban Neighborhoods and Estate/Conservation Residential (Yorkville) A-1, A-1 SU, R-1, R-4, and B-3 (County) R-2, R-3, B-1, and B-3 (Yorkville) South Vacant Manufacturing M-1 Mixed Use Business (County) Agricultural (Yorkville) A-1 and M-1 East Agricultural R-2 and R-3 (Yorkville) Estate/Conservation Residential (Yorkville) R-2 and R-3 (Yorkville) West Agricultural A-1 Rural Residential (Max 0.65 DU/Acre (County) Agricultural (Yorkville) A-1 The A-1 special use permit to the north is for a landscaping business. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated (see Attachment 1, Pages 14-15). ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 3 of 5 ACTION SUMMARY KENDALL TOWNSHIP Petition information was sent to Kendall Township on June 26, 2024. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on June 26, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on June 26, 2024. DESIGN STANDARDS Pursuant to Section 13:10.D of the Kendall County Zoning Ordinance, the following shall be taken into account when reviewing Site Plans (Staff comments in bold): Responsive to Site Conditions-Site plans should be based on an analysis of the site. Such site analysis shall examine characteristics such as site context; geology and soils; topography; climate and ecology; existing vegetation, structures and road network; visual features; and current use of the site. In addition to the standards listed below, petitioners must also follow the regulations outlined in this Zoning Ordinance. To the fullest extent possible, improvements shall be located to preserve the natural features of the site, to avoid areas of environmental sensitivity, and to minimize negative effects and alteration of natural features. Fragile areas such as wetlands and flood plains should be preserved as open space. Slopes in excess of 20 percent as measured over a 10-foot interval also should remain as open space, unless appropriate engineering measures concerning slope stability, erosion and safety are taken. The property has been zoned B-3 since 1975 and the main building has been on the property since approximately 1977. The property was rezoned to M-1 in 2024. The property was previously used for an agricultural implement sales business. The construction of the new building is an area that is already paved. There are no floodplains or wetlands on the property. There are no excessive slopes on the property. Traffic and Parking Layout-Site plans should minimize dangerous traffic movements and congestion, while achieving efficient traffic flow. An appropriate number of parking spaces shall be provided while maintaining County design standards. The number of curb cuts should be minimized and normally be located as far as possible from intersections. Connections shall be provided between parking areas to allow vehicles to travel among adjacent commercial or office uses. Cross-access easements or other recordable mechanisms must be employed. The site plan shows one (1) access from Route 47 and one (1) access from Conservation Drive. There will be a maximum of four (4) employees at the property. Based on the approximately fifteen thousand (15,000) square feet of buildings presently onsite and the requirement in Section 11:04 of one (1) parking space per six hundred (600) square feet of floor area plus one (1) parking space per employees, the property meets the parking requirements contained in the Zoning Ordinance without the construction of the new building. The site plan shows five (5) customer parking spaces, including two (2) handicapped accessible parking space, twenty-four (24) employee parking spaces, and fifty- eight (58) parking spaces for trailers. Conflicts between pedestrians and vehicular movements should be minimized. When truck traffic will be present upon the site, the road size and configuration shall be adequate to provide for off-street parking and loading facilities for large vehicles. Barrier curb should be employed for all perimeters of and islands in paved parking lots, as well as for all service drives, loading dock areas, and the equivalent. Parking lots in industrial or commercial areas shall be paved with hot-mix asphalt or concrete surfacing. No conflicts are foreseen. Site Layout-Improvements shall be laid out to avoid adversely affecting ground water and aquifer recharge; minimize cut and fill; avoid unnecessary impervious cover; prevent flooding and pollution; provide adequate access to lots and sites; and mitigate adverse effects of shadow, noise, odor, traffic, drainage and utilities on neighboring properties. The proposal should not impact, shadow, noise, odor, traffic, or utilities on neighboring properties. Drainage concerns can be addressed in the stormwater management permit. The proposed septic field is located south of the access drive and southern most future parking area. Consistent with the Land Resource Management Plan-The proposed use and the design of the site should be consistent with the Land Resource Management Plan. This is true. ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 4 of 5 Building Materials-The proposed site plan design shall provide a desirable environment for its occupants and visitors as well as its neighbors through aesthetic use of materials, textures and colors that will remain appealing and will retain a reasonably adequate level of maintenance. Buildings shall be in scale with the ultimate development planned for the area. Monotony of design shall be avoided. Variations in detail, form, and setting shall be used to provide visual interest. Variation shall be balanced by coherence of design elements. No rendering was provided. Relationship to Surrounding Development-A site shall be developed in harmony with neighboring street pattern, setbacks and other design elements. This is not an issue. Open Space and Pedestrian Circulation-Improvements shall be designed to facilitate convenient and safe pedestrian and bicycle movement within and to the property. This is not an issue. Buffering-Measures shall be taken to protect adjacent properties from any undue disturbance caused by excessive noise, smoke, vapors, fumes, dusts, odors, glare or stormwater runoff. Incompatible, unsightly activities are to be screened and buffered from public view. The Petitioner proposes a seven foot (7’) tall iron looking fence across the front (east) side of the property and an eight foot (8’) tall solid fence along sides and rear of the property. The Petitioner also proposes a slide gate at the main entrance off of Route 47 and a gate off of Conservation Drive. The landscaping plan proposes four (4) Autumn Blaze Maples, four (4) Thornless Honeylocusts, eighteen (18) Neon Flash Spirea, eighteen (18) Chicagoland Green Boxwoods, Kentucky Bluegrass, and Wet Mesic Prairie Mix. The Petitioner also proposes to keep the existing trees within ten feet (10’) of the southern and western property lines, except for dead trees brush. The area around the sign would also be landscaped. Section 11:02.F.8 of the Zoning Ordinance discussing the planting of hedges, installation of berms, and the planting of natural vegetation. This Section also gives the Regional Planning Commission the ability to reduce buffering requirements. The Petitioner would like to ask the Regional Planning Commission for a reduction in the buffering requirement. Emergency Vehicle Access-Every structure shall have sufficient access for emergency vehicles. The Petitioner proposes to provide the Bristol-Kendall Fire Protection District and Sheriff’s Department with the combination to the gate. Beyond that information, Staff would like comments from the Fire Protection District and Sheriff’s Department on this matter. Mechanical Equipment Screening-All heating, ventilation and air conditioning equipment shall be screened on sides where they abut residential districts. The HVAC system is along the northside of the building at ground level. The proposed fences should screen adjoining properties from the mechanical systems. Lighting-The height and shielding of lighting fixtures shall provide proper lighting without hazard to motorists on adjacent roadways or nuisance to adjacent residents by extending onto adjacent property. Cut-off lighting should be used in most locations, with fixtures designed so that the bulb/light source is not visible from general side view. The Petitioner does not propose any additional exterior lighting other than the battery packs on the building for security purposes. The parking area for inventory would not be illuminated and the sign would not be illuminated. There would be an illuminated sign on the building. Refuse Disposal and Recycling Storage Areas-All refuse disposal and recycling storage areas should be located in areas designed to provide adequate accessibility for service vehicles. Locations should be in areas where minimal exposure to public streets or residential districts will exist. Screening shall be required in areas which are adjacent to residential districts or are within public view. Such enclosures should not be located in landscape buffers. Refuse containers and compactor systems shall be placed on smooth surfaces of non- absorbent material such as concrete or machine-laid asphalt. A concrete pad shall be used for storing grease containers. Refuse disposal and recycling storage areas serving food establishments shall be located as far as possible from the building’s doors and windows. The use of chain link fences with slats is prohibited. One (1) twelve foot by twenty-five foot (12X25’) concrete dumpster area is shown west of the eastern most building. This area would be inside a wooden fence. The refuse area would be moved, if the new building was constructed. ZPAC Memo – Prepared by Matt Asselmeier – June 26, 2024 Page 5 of 5 RECOMMENDATION Pending review by ZPAC and the Kendall County Regional Planning Commission, Staff recommends approval of the site plan subject to the following conditions: 1. The site shall be developed substantially in accordance with the attached site plan (Attachment 2) and landscaping plan (Attachment 3). 2. An eight foot (8’) tall solid fence shall be added along the north, west, and south property lines in addition to the seven foot (7’) tall iron looking fence depicted on the site plan (Attachment 2). 3. One (1) gate made of the same material and size of the eight foot (8’) tall fence shall be placed along the entrance of the property at Conservation Drive. 4. The Kendall County Sheriff’s Department and the Bristol-Kendall Fire Protection District shall be provided a passcode to at least one (1) of the gates. 5. The fencing and landscaping shall be installed by December 31, 2024. The Planning, Building and Zoning Department may grant an extension to this deadline. 6. Dead trees and scrub growth located within ten feet (10’) of the southern and western property lines may be removed. 7. If additional lighting is proposed in the future, an amendment to the site plan will be required. 8. If the building addition shown on the site plan is constructed, an amendment to the site plan will be required. 9. The site shall be developed in accordance with all applicable federal, state, and local laws related to site development. ATTACHMENTS 1. Application Materials 2. Site Plan 3. Landscaping Plan Attachment 1, Page 1 LEGAL DESCRIPTION OF PARCEL 1: That Part of the West Half of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Section 9; thence Westerly along the Southerly Line of said Section, 2672.0 feet to the tangent center line of Illinois State Route No. 47 extended from the South; thence South along said tangent center line, 869.22 feet; thence South 89°34'04” West, 615.0 feet; thence North 24°54'19” West, 1015.92 feet for the point of beginning; thence North 24°54'19” West, 456.95 feet; thence North 66°41'34” East, 1012.15 feet to the Westerly Right of Way Line of said State Route No. 47, being 40.0 feet normally distant Southwesterly from the center line of said Route; thence Southeasterly along said Westerly Right of Way Line, being on a curve to the right having a radius of 5420.43 feet, a distance of 91.87 feet; thence South 17°08'59” East along said right of way line, 0.80 feet; thence Southeasterly along said Westerly Right of Way Line, being on a curve to the right having a radius of 5344.41 feet, a distance of 343.71 feet to a line drawn North 65°13'06” East from the point of beginning; thence South 65°13'06” West, 942.72 feet to the point of beginning, in the Township of Kendall, in Kendall County, Illinois, EXCEPT those Parts conveyed to the State of Illinois in the Deeds recorded June 29, 1990 as Document 1990-904189 and October 23, 1990 as Document 1990-906729. LEGAL DESCRIPTION OF PARCEL 2: Lots 2 and 3 of Walz Subdivision, recorded December 17, 1990 as Document 907919, in the Township of Kendall, Kendall County, Illinois. Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 1, Page 8 Attachment 1, Page 9 Attachment 1, Page 10 Attachment 1, Page 11 Attachment 1, Page 12 Attachment 1, Page 13 Attachment 1, Page 14 Attachment 1, Page 15 Attachment 1, Page 16 Attachment 2, Page 1 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESEXISTING CONDITIONS & DEMOLITION PLAN2Attachment 2, Page 2 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESSTORM WATER POLLUTION PREVENTION PLAN3A&D PROPERTIES, INC.18126 N.W. FRONTAGE RDSHOREWOOD, IL 60404PHONE: (815) 609-0707EMAIL: JERRY@TRANSPORTEQUIPMENTINC.COMAttachment 2, Page 3 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESSTORM WATER POLLUTION PREVENTION PLAN4·CONCRETE WASH-OUT NOTE:CONCRETE WASHOUT SHOULD BE CONTAINED AT ALL TIMES. WASHOUTMATERIAL SHOULD NOT BE ALLOWED TO ENTER WATER BODIES, STORMSEWERS OR LEACH INTO THE SOIL UNDER ANY CIRCUMSTANCES. ANYWASTE SHOULD BE DISPOSED OF PROPERLY AND THE LOCATION OF THEWASHOUT SHOULD BE DESIGNATED WITH PROPER SIGNAGE. FAILURE TOCOMPLY COULD RESULT IN AN INCIDENCE OF NONCOMPLIANCE (ION).Attachment 2, Page 4 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESOVERALL CIVIL SITE PLAN5PHONE: (815) 786-0195TEBRUGGE ENGINEERING410 E CHURCH ST - SUITE A, SANDWICH, IL 60548EMAIL:INFO@TEBRUGGEENGINEERING.COMDETENTION PONDCROSS SECTIONAttachment 2, Page 5 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESCIVIL SITE PLAN - NORTH6Attachment 2, Page 6 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESCIVIL SITE PLAN - SOUTH7Attachment 2, Page 7 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESGENERAL NOTES & DETAILS8Attachment 2, Page 8 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO. DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGES3 6.26.24 KENDALL COUNTY PLANNING CHANGESGENERAL NOTES & DETAILS II9PIPE OUTLET TO FLAT AREAN.T.S.PLAN VIEWSECTION 'A-A'Attachment 2, Page 9 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGESLANDSCAPE PLAN1OF 2 SHEETSAttachment 3, Page 1 PHONE: (815) 786-0195TEBRUGGE ENGINEERINGTEBRUGGEENGINEERING.COMA&D PROPERTIES, INC.PREPARED FOR:18126 N.W. FRONTAGE RD, SHOREWOOD, IL7789 IL ROUTE 47 SITE PLAN23 557 01OF 9 SHEETSFEB 29, 2024410 E. CHURCH STREET - SUITE A —SANDWICH, IL 60548PROJECT NO.SCALE:DATE:SHEET NO.REVISIONSNO.DATENOTES1 4.22.24 KENDALL COUNTY REVIEW LETTER 3.26.242 6.24.24 KENDALL COUNTY PLANNING CHANGESLANDSCAPE DETAILS2NOTE:OF 2 SHEETSBase MaterialUniform Zinc Coating(Hot Dip)Zinc Phosphate CoatingEpoxy Primer1716"112"FLAT MOUNTAcrylic TopcoatBracket Options512"VariesWithHeight2" Nom.Standard Heights3', 312', 4', 5', 6'36" Min.Footing Depth118"112" MONTAGE PLUS Rail(See Cross- Section Below)TMPost 212" x 16ga134" 18ga Picket2RAKING DIRECTIONAL ARROWWelded panel can be raked30" over 8' with arrow pointing downgrade.MONTAGE PLUS RAILSpecially formed high strengtharchitectural shape.TMPROFUSION WELDING PROCESSNo exposed welds,Good Neighbor profile - Sameappearance on both sidesTMMONTAGE PLUS RAILTME-COAT COATING SYSTEMDOUBLE RING Adornament option2TYPICAL31516"8' O.C. Nom.3BX111BX112/117BX114UNIVERSAL BOULEVARDLINE BOULEVARDBRACKETBRACKETBRACKET3NOTES:1.) Post size depends on fence height and wind loads. See MONTAGE PLUS specifications for post sizing chart.2.) Third rail required for Double Rings.3.) Available in 3" air space and/or Flush Bottom on most heights.TMValues shown are nominal and not to be used forinstallation purposes. See product specificationfor installation requirements.SCALE:NJBDR:CK:SH . 1of 1Date 09/21/11AMERISTARRREV: MONTAGE PLUS MAJESTIC 2/3-RAILDO NOT SCALEeTitle:BS1RMISOCOMMERCIAL STRENGTH WELDED STEEL PANELPRE-ASSEMBLEDAttachment 3, Page 2 From:Daniel J Kramer To:Sara Mendez Cc:Krysti Barksdale-Noble Subject:RE: Questions Regarding Jerry Styrczula"s Petition for Site Plan Approval Date:Wednesday, August 7, 2024 2:48:51 PM Attachments:image001.png image002.png image003.png Sure the language is meant to cover the Sales of the new Trailers. We have continued to represent to the County and as part of Owner’s Business plan he has absolutely no intention, nor permission to run a trucking business at the site. There are still some Remnants of Trailers that were sent to His site that had been used by Plano Molding( rented to that customer by Jerry’s business) at their Manufacturing and Distribution sites in Plano and Sandwich to store inventory. Plano Molding cut way down on Storage of both and returned them to Jerry. He is selling and sending them to auctions to dispose of, and they will not remain on site. Hopefully that answers the concerns. Very Truly Yours, Daniel J. Kramer Attorney at Law 1107A S. Bridge Street Yorkville, IL. 60560 Phone-630.553.9500 Fax-630.553.5764 NOTICE: This communication is covered by the Electronic Communications Privacy Act found at 18 USC 2510 et. seq. and is intended to remain confidential and is subject to the applicable attorney/client and or work product privileges. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and all attachments. Do not deliver, distribute or copy this message and/or any attachments and do not disclose the contents or take any action in reliance upon the information contained in this communication or any attachments if you are not the intended recipient. From: Sara Mendez <smendez@yorkville.il.us> Sent: Wednesday, August 7, 2024 2:05 PM To: Daniel J Kramer <dkramer@dankramerlaw.com> Cc: Krysti Barksdale-Noble <knoble@yorkville.il.us> Subject: Questions Regarding Jerry Styrczula's Petition for Site Plan Approval Good afternoon Dan, In yesterday’s Economic and Development Committee meeting, we discussed the petition brought by Kendall County regarding Jerry Styrczula, on behalf of A&D Properties, LLC. The request is for site plan approval to operate a trucking business for the sale and storage of semi- tractors, small trailers, semi-trailers, and similar uses. However, the committee would like some clarification on whether the trailers will be moved off the property or if they will remain on-site. As you previously stated in the May 7, 2024 Economic Development Committee meeting, the petitioner would not be running a trucking business, as the petitioner is a dealer for Freuhauf Manufacturing and would be solely conducting trailer sales. However, the proposed site plans displays the storage of semi- tractors, semi-trailers, small trailers, and similar uses. Would you mind providing some clarification? Additionally, could you provide details on whether the petitioner plans to keep the current trucks on-site or if they will be moved elsewhere? Your insights on these concerns would be greatly appreciated by the Committee. All the best, Sara Mendez (she/her) Planner I United City of Yorkville 651 Prairie Pointe Drive Yorkville, Illinois 60560 (630) 553-8555 (630) 450-1304 www.yorkville.il.us Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Planning and Zoning Commission #4 Tracking Number PZC 2024-20 & EDC 2024-62 PZC 2024-20 – Kendall County Petition 24-22 (Leo M. Phillipp) City Council – September 24, 2024 PZC – 9/11/24 Moved forward to City Council agenda. PZC 2024-20 & EDC 2024-62 Majority Approval 1.5-Mile Review of a map amendment 11.6 +/- acres located at 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District. Sara Mendez Community Development Name Department SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Leo M. Phillipp is requesting an approval of a map amendment (rezoning) for 11.6 +/- acres of the approximately 15 aces located at the northeast corner of Legion and East Highpoint Roads, commonly known as 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District. The purpose of the request is to construct approximately three (3) single-family houses. The real property is located immediately north of Legion Road and immediately east of High Point Road in unincorporated Kendall County. PROPOSED MOTION In consideration of the proposed mile and half review of Kendall County Petition 24-20 for a map amendment 11.6 +/- acres located at the northeast corner of Legion and East Highpoint Roads, commonly known as addressed 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District, the Planning and Zoning Commission recommends the City Council to (object or not to object) to the request. Action Item: Forristall-aye, Hyett-aye, Millen-aye, Vinyard-aye, Williams-aye. 5 ayes; 0 nay ATTACHMENTS 1. Application with Attachments Memorandum To: City Council From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: September 13, 2024 Subject: PZC 2024-20 – Leo M. Phillipp (Rezoning) 1.5 Review Memorandum To: Planning and Zoning Commission From: Sara Mendez, Planner I Krysti Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: September 4, 2024 Subject: PZC 2024-20 – Leo M. Phillipp (Rezoning) 1.5 Review SUMMARY: Staff has reviewed a request from Kendall County Planning and Zoning Department along with the subsequent documents attached. This property is located within one and a half miles of the planning boundary for Yorkville, allowing the City the opportunity to review and provide comments to Kendall County. The petitioner, Leo M. Phillipp is requesting an approval of a map amendment (rezoning) for 11.6 +/- acres of the approximately 15 aces located at the northeast corner of Legion and East Highpoint Roads, commonly known as 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District. The purpose of the request is to construct approximately three (3) single-family houses. The real property is located immediately north of Legion Road and immediately east of High Point Road in unincorporated Kendall County. PROPERTY BACKGROUND: The property is located at 10835 Legion Road in unincorporated Kendall County and consists of one (1) parcel totaling ~15-acres. Currently owned by Leo M. and Vicki L. Phillipp, there is one (1) existing single-family home on the property, as shown to the right. The home is located on the southern side of the parcel, and is approximately four thousand, two hundred fifty-six (4,256) square feet. Additionally, the rest of the property is undeveloped. The property fronts Legion Road and has one (1) access point off Legion Road. The property is immediately east of Yorkville’s corporate boundary, approximately 1.23 miles (~7000 feet) from the Windett Ridge Subdivision. The property is currently zoned as both A-1 Agricultural District and R-1 One- Family Residential District, underwent several zoning changes. Initially, in 1984, the southwest corner was rezoned from A-1 to R-1, as shown above. However, in 1987, Kendall County rezoned the southwest corner back to A-1, except for approximately 3.3 acres where the existing single-family home is located, which remains zoned as R-1, as shown below. REQUEST SUMMARY: The petitioner, Leo M. Phillpp, is solely requesting the rezoning of the parcel from A-1 Agricultural District to R-1 One-Family Residential District. To highlight the significant differences between the Bulk and Dimensional Standards of the City of Yorkville's R-1 Single-Family Suburban Residence District and Kendall County’s R-1 One-Family Residential District, the table below provides a clear comparison. City of Yorkville Regulations for R-1 Single- Family Suburban Residence Kendall County Regulations for R-1 One- Family Residential District Minimum Lot Size 18,000 sq. ft. 130,000 sq. ft. Minimum Lot Width 100 feet 200 feet Maximum Lot Coverage 50% 10% Minimum Front Setback 40 feet 1. 150 feet from the roadway centerline when fronting on a Federal, State or County roadway or 100 feet from the right-of-way, whichever is greater. 2. 50 feet from the right-of way or access easement on all township or private roadways Minimum Side Setback 15 feet 50 feet Minimum Rear Setback 50 feet 50 feet Maximum Building Height 30 feet 1. One-family detached dwellings: 40 feet and not more than two and one-half stories 2. Other non-residential permitted or conditional buildings and structures: shall not exceed 45 feet and not more than three stories in height The photo below highlights the distance between Yorkville’s corporate boundary and the property at 10835 Legion Road, marked by a red pin, which is approximately 7,000 feet. YORKVILLE COMPREHENSIVE PLAN: Yorkville’s 2016 Comprehensive Plan designation for this property is Estate/Conservation Residential. The Estate/Conservation Residential future land use is intended to provide flexibility for residential design in areas in Yorkville that can accommodate low-density detached single-family housing but also include sensitive environmental and scenic features that should be retained and enhanced. Additionally, the Estate/Conservation Residential neighborhood is characterized by conventional development, such as detached housing on large lots, or conservation design by clustering homes together that leave undeveloped green space for agriculture, preservation of historic and cultural resources, and community open space. The current land use with a single-family home on the property and the proposed addition of approximately three (3) new single-family homes on 11.6 +/- acres is consistent with Yorkville’s Comprehensive Plan land use designation for this property. This consistency is due to the conventional development approach of clustering the proposed three (3) new single-family homes within the overall acreage of the property, which aligns with the Estate/Conservation Residential neighborhood. If approved, the map amendment (rezoning) does not alter the land use and maintains its alignment with the area's future land use plans STAFF COMMENTS Staff is seeking input from the Planning and Zoning Commission as the one-and-a-half-mile review allows for the city to make comments and requests to the petitioner and County prior to their public meetings. This review will also be brought to City Council on September 24, 2024. This item was delivered to the City on July 30, 2024. PROPOSED MOTION In consideration of the proposed mile and half review of Kendall County Petition 24-20 for a map amendment 11.6 +/- acres located at the northeast corner of Legion and East Highpoint Roads, commonly known as addressed 10835 Legion Road, from A-1 Agricultural District to R-1 One-Family Residential District, the Planning and Zoning Commission recommends the City Council to (object or not to object) to the request. ATTACHMENTS 1. Application with Attachments ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 1 of 5 DEPARTMENT OF PLANNING, BUILDING & ZONING 111 West Fox Street • Room 203 Yorkville, IL • 60560 (630) 553-4141 Fax (630) 553-4179 Petition 24-22 Leo M. Phillipp Map Amendment Rezoning from A-1 to R-1 INTRODUCTION The Petitioners would like a map amendment rezoning approximately eleven point six more or less (11.6 +/-) acres of the approximately fifteen (15) acres located at the northeast corner of Legion and East Highpoint Roads in order to construct approximately three (3) houses. The application materials are included as Attachment 1. The zoning plat is included as Attachment 2. SITE INFORMATION PETITIONERS: Leo M. Phillipp ADDRESS: 10835 Legion Road, Yorkville LOCATION: Northeast Corner of Legion and East Highpoint Roads In 1984, through Ordinance 84-06, the southwest corner of the property was rezoned to R-1 as outlined in the following aerial. ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 2 of 5 TOWNSHIP: In 1987, through Ordinance 87-27, the southwest corner of the property was rezoned back to A-1 and approximately three point three more or less (3.3 +/-) acres where the current house is placed was rezoned to R-1. The following is current zoning configuration of the property: Kendall PARCEL #s: 05-08-301-002 ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 3 of 5 LOT SIZE: 15.0 +/- Acres (Total Parcel) 11.6 +/- (Area to be Rezoned) EXISTING LAND USE: Wooded ZONING: A-1 Agricultural District LRMP: Future Land Use Suburban Residential (County) Estate/Conservation Residential (Yorkville) Roads East High Point Road and Legion Road are Township maintained Minor Collectors. Trails Yorkville has a trail planned along East Highpoint Road. Floodplain/ Wetlands There are no floodplains or wetlands on the property. REQUESTED ACTION: Map Amendment Rezoning Property from A-1 Agricultural District to R-1 One Family Residential District APPLICABLE REGULATIONS: Section 13:07 – Map Amendment Procedures SURROUNDING LAND USE Location Adjacent Land Use Adjacent Zoning Land Resource Management Plan Zoning within ½ Mile North Single-Family Residential A-1 Suburban Residential (Max 1.0 DU/Acre) (County) Estate/Conservation Residential (Yorkville) A-1 and B-4 South Agricultural and Single- Family Residential A-1 Rural Residential (Max 0.65 DU/Acre) (County) Estate/Conservation Residential (Yorkville) A-1, R-3, and RPD-2 East Single-Family Residential A-1 and R-1 Suburban Residential (County) Estate/Conservation Residential (Yorkville) A-1, A-1 SU, and R-1 West Agricultural A-1 and A-1 SU Suburban Residential (County) Estate/Conservation Residential (Yorkville) A-1, A-1 SU, R-2, R-3, and RPD-3 ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 4 of 5 The A-1 special use permits to the east are for communication towers. The A-1 special use permit to the west is for boarding horses. PHYSICAL DATA ENDANGERED SPECIES REPORT EcoCAT Report submitted and consultation was terminated (see Attachment 1, Page 7). NATURAL RESOURCES INVENTORY The application for NRI was submitted on July 19, 2024 (see Attachment 1, Page 6). ACTION SUMMARY KENDALL TOWNSHIP Petition information was sent to Kendall Township on July 30, 2024. UNITED CITY OF YORKVILLE Petition information was sent to the United City of Yorkville on July 30, 2024. BRISTOL-KENDALL FIRE PROTECTION DISTRICT Petition information was sent to the Bristol-Kendall Fire Protection District on July 30, 2024. GENERAL INFORMATION The Petitioners would like to rezone the property in order to build a maximum of three (3) houses on the rezoned portion of the property. Since the property already has frontage along East Highpoint and Legion Roads, a Plat Act Exemption may be used instead of doing a subdivision. BUILDING CODES The site is currently mostly wooded with one (1) single-family home. Any future buildings would have to meet applicable building codes. UTILITIES The wooded area is not presently served by utilities. ACCESS The property fronts East Highpoint and Legion Roads. Kendall Township has permitting authority over access at the property. PARKING AND INTERNAL TRAFFIC CIRCULATION No information was provided regarding parking. ODORS Based on the proposed uses, no new odors are foreseen. LIGHTING Lighting would be for residential purposes and would have to follow applicable ordinances. LANDSCAPING AND SCREENING Landscaping would be for residential uses. SIGNAGE No non-residential signage is planned. NOISE CONTROL The owners of the property would have to follow applicable noise control regulations based on residential uses. STORMWATER Stormwater control would be evaluated as part of the building permit. ZPAC Memo – Prepared by Matt Asselmeier – July 30, 2024 Page 5 of 5 FINDINGS OF FACT-MAP AMENDMENT §13:07.F of the Zoning Ordinance outlines findings that the Zoning Board of Appeals must make in order to recommend in favor of the applicant on map amendment applications. They are listed below in italics. Staff has provided findings in bold below based on the recommendation: Existing uses of property within the general area of the property in question. The surrounding properties are used for agricultural purposes and single-family residential purposes. The Zoning classification of property within the general area of the property in question. The surrounding properties are zoned agricultural and some form of single-family residential. The suitability of the property in question for the uses permitted under the existing zoning classification. The property consists of a large wooded area and, due to its size, it is not eligible for residential uses without a map amendment. The trend of development, if any, in the general area of the property in question, including changes, if any, which may have taken place since the day the property in question was in its present zoning classification. The Zoning Board of Appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such an amendment is in the public interest and is not solely for the interest of the applicant. The Zoning Board of Appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of th is paragraph the R-1 District shall be considered the highest classification and the M-2 District shall be considered the lowest classification. The trend of development in the area is a mix of agricultural and single family residential. Consistency with the purpose and objectives of the Land Resource Management Plan and other adopted County or municipal plans and policies. The subject property is classified as Suburban Residential on the Future Land Use Map and the R-1 Zoning District is consistent with this land classification. RECOMMENDATION Staff recommends approval of the proposed map amendment. ATTACHMENTS 1. Application Materials 2. Zoning Plat Attachment 1, Page 1 Attachment 1, Page 2 Attachment 1, Page 3 Attachment 1, Page 4 Attachment 1, Page 5 Attachment 1, Page 6 Attachment 1, Page 7 Attachment 2 Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #3 Tracking Number CC 2021-04 City Buildings Updates City Council – September 24, 2024 None Informational Bart Olson Administration Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/320/City-Council Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: If new information is available at the time of the meeting, then a discussion will be held. Reviewed By: Legal Finance Engineer City Administrator Community Development Purchasing Police Public Works Parks and Recreation Agenda Item Number Mayor’s Report #4 Tracking Number CC 2021-38 Water Study Update City Council – September 24, 2024 None Informational Bart Olson Administration Name Department