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Kane County Reporter

Thursday, March 28, 2024

Geneva Committee of Whole reviews parking-survey results

Meeting 02

At a recent meeting, the Geneva Committee of the Whole reviewed the results of a recent parking survey.

Below are the minutes from this meeting, as provided by the committee.

--- "\r\nCOMMITTEE OF THE WHOLE\r\nMonday, June 13, 2016\r\nat 7:00pm\r\nCity Hall

Council Chamber\r\n109 James Street\r\nGeneva, IL 60134\r\nAGENDA\r\n\r\n1. CALL

TO ORDER\r\n2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM MAY 23, 2016\r\n3. ITEMSOF BUSINESS\r\na. Recommend Approval of Special Event Application for Geneva PublicLibrary Ice Cream\r\nSocial July 13, 2016.\r\nb. Recommend Draft Ordinance No. 2016-23

Amending Title 7 (Motor Vehicles and Traffic),\r\nChapter 3 (Stopping, Standing

and Parking) Section 7-3-10 (Parking Fines) and Title 8\r\n(Public Ways and Property)

Chapter 7 (Parking Facilities Near Railroad Station) Section 5\r\n(Permit Parking

Zones) of the Geneva City Code.\r\nc. Recommend Draft Resolution No. 2016-50 AuthorizingExecution of an Agreement for\r\nCreation and Transfer of Artwork Between City ofGeneva and J. Jenkins Art Subject to\r\nCity Attorney Review – Bike Rack Art Program.\r\nd.

Recommend Draft Resolution No. 2016-51 Authorizing the Purchase of One (1) Chevrolet\r\nSedanfor Fire Dept. Division of Assessment, Planning and Prevention in the Budgeted\r\nAmountNot to Exceed $28,000 from the State Purchasing Program/Miles Chevrolet in\r\nDecatur,IL.\r\ne. Recommend Draft Resolution No. 2016-52 Authorizing Execution of City UtilityEasement\r\nAgreement with the Geneva Park District for a New Watermain in WheelerPark (Route\r\n31 Watermain Extension).\r\n1\r\nCOMMITTEE OF THE WHOLE JUNE 13,2016\r\nf. Recommend Draft Resolution No. 2016-53 Declaring Surplus Property fromPublic Works\r\nDepartment.\r\ng. Recommend Draft Resolution No. 2016-54 Awarding2016-17 and 2017-18 Cemetery\r\nBurial Services Contract to Professional CemeteryServices.\r\nh. Recommend Draft Resolution No. 2016-55 Authorizing Bid Award andContract to Plote\r\nConstruction Inc. in the Amount Not to Exceed (Base Bid +Alternate #1) $2,598,464.47\r\nfor 2016 Street Improvement Program.\r\ni. RecommendDraft Resolution No. 2016-56 Authorizing Bid Award for Annual Purchase of\r\nCable.\r\nj.

Recommend Draft Resolution No. 2016-57 Authorizing Bid Award for Annual Purchase

of\r\nSwitchgear and Transformers.\r\nk. Recommend Draft Ordinance No. 2016-24 Adopting

2016 Prevailing Wages.\r\nl. Presentation and Discussion on the Geneva Fox River

Redevelopment Project Area and\r\nTax Increment Financing.\r\n4. NEW BUSINESS\r\n\r\n5.

ADJOURNMENT\r\n2\r\nCOMMITTEE OF THE WHOLE MINUTES – MAY 23, 2016 1\r\nCOMMITTEEOF THE WHOLE MINUTES\r\nMAY 23, 2016\r\nPRESENT: Mayor Burns, Ald. Bruno, Burghart,

Cummings, Maladra, Marks, Simonian, Seno (arr. 7:08pm),\r\nSinger\r\nABSENT: Ald.

Kilburg, Radecki\r\nSTAFF PRESENT: McKittrick, Dawkins, Babica, VanGyseghem, Tymoszenko\r\n1.

CALL TO ORDER\r\nChairman Simonian called the meeting to order at 7pm noting that

Ald. Kilburg and Radecki were absent.\r\nAld. Bruno moved, seconded by Ald. Marks

to add a closed session on probable litigation.\r\nNo discussion. V/V: 7-0 Motion

carried.\r\n2. APPROVE COMMITTEE OF THE WHOLE MINUTES FROM MAY 9, 2016\r\nMovedby Ald. Cummings, second by Ald. Marks V/V: 7-0 Motion carried.\r\n3. ITEMS OF BUSINESS\r\na.

Recommend Draft Ordinance Amending Title 4 (Business and License Regulations), Chapter2 (Liquor\r\nControl), Section 4-2-13 (License Fees and Number of Licenses) Rescinding

One (1) Class A-1 Liquor\r\nLicense and Adding One (1) Class C-3 Liquor License

(Hammars East Side Liquors at 1479 E. State Street)\r\nOwner Mukesh Patel was present

to answer questions and provide an overview of their business model.\r\nDiscussion

on tasting criteria versus purchasing was heard.\r\nV/V: 8-0 Motion carried.\r\nb.

Recommend Approval of Swedish Days Special Event Liquor Licenses for the American

Legion Post 75 at\r\n22 S. Second Street and Chianti’s at 220 Campbell Street June

21 through June 26, 2016.\r\nMoved by Ald. Seno, second by Ald. Bruno V/V: 8-0 Motion

carried.\r\nc. Recommend Draft Resolution Authorizing Bank Signature Card with MB

Financial Effective June 13,\r\n2016.\r\nMoved by Ald. Marks, second by Ald. Bruno

V/V: 8-0 Motion carried.\r\nd. Recommend Draft Resolution Authorizing Execution

of Third Amendment to Lease Agreement with New\r\nCingular Wireless PCS, LLC for

Communications Equipment at 618 Logan Avenue.\r\nMoved by Ald. Cummings, second

by Ald. Marks V/V: 8-0 Motion carried.\r\n33\r\nCOMMITTEE OF THE WHOLE MINUTES –

MAY 23, 2016 2\r\ne. Recommend Draft Resolution Authorizing Renewal of a Lease Agreementwith the Geneva Park District\r\nfor Parking Lot Use at Sunset Recreation Center

at 710 Western Avenue.\r\nMoved by Ald. Marks, second by Ald. Seno V/V: 8-0 Motion

carried.\r\nf. Recommend Draft Resolution Authorizing Execution of Mosquito Abatement

Agreement with Clarke\r\nEnvironmental Mosquito Management Inc. in an Amount Not

to Exceed $46,402.00.\r\nMoved by Ald. Cummings, second by Ald. Marks V/V: 8-0 Motioncarried.\r\ng. Recommend Draft Resolution Authorizing Payment of $40,608.89 to theState of Illinois as Final\r\nPayment for FAU 2411/Western Avenue LAFO Project.\r\nMovedby Ald. Cummings, second by Ald. Marks V/V: 8-0 Motion carried.\r\nh. RecommendDraft Resolution Authorizing Execution of Contract with Rubino Engineering for 2016\r\nGeotechnicalServices and Construction Materials Testing in the Amount of $39,580.\r\nMoved byAld. Marks, second by Ald. Singer V/V: 8-0 Motion carried.\r\ni. Recommend DraftResolution Authorizing Execution of Contract with Strada Construction Co. for 2016\r\nSidewalkand Curb Maintenance Project in the Amount of $42,515.\r\nMoved by Ald. Cummings,second by Ald. Marks V/V: 8-0 Motion carried.\r\nj. Recommend Draft Resolution AuthorizingExecution of Contract with Hastings Asphalt Services Inc. for\r\n2016 Parking Lot

Sealcoating Project in the Amount Not to Exceed $6,483.48.\r\nMoved by Ald. Cummings,

second by Ald. Marks\r\nOn a question, Babica confirmed the amount was ‘not to exceed’

$6,483.48.\r\nV/V: 8-0 Motion carried.\r\n4. NEW BUSINESS\r\nAld. Burghart thanked

staff for helping with logistics of the WGN block party event and stated it was

great\r\npublicity for the City.\r\nOn a motion by ald. Marks, second by Ald. Bruno,

the committee adjourned to closed session at 7:22pm for the\r\npurpose of discussing

probable litigation.\r\nRoll Call: Ayes: 8 Nays: 0 Motion carried.\r\nThe committee

was brought back to open session at 8:09pm on a motion by Ald. Marks, second by

Ald. Singer.\r\nRoll Call: Ayes: 8 Nays: 0 Motion carried.\r\n44\r\nCOMMITTEE OF

THE WHOLE MINUTES – MAY 23, 2016 3\r\n5. ADJOURNMENT\r\nOn a motion by Ald. Marks,second by Ald. Bruno, the meeting was adjourned by unanimous voice vote at\r\n8:13pm.\r\n55\r\nAGENDA

ITEM EXECUTIVE SUMMARY\r\nAgenda Item:\r\nGeneva Public Library Ice Cream Social:

July 13, 2016\r\nRequest for Road Closure and Police Services\r\nPresenter & Title:

Cathleen Tymoszenko, Economic Development Director\r\nDate: June 13, 2016\r\nPlease

Check Appropriate Box:\r\nX Committee of the Whole Meeting Special Committee of

the Whole Meeting\r\nX City Council Meeting Special City Council Meeting\r\nPublic

Hearing Other -\r\nEstimated Cost: Budgeted?\r\nYES\r\nX NO\r\nIf NO, please explain

how the item will be funded: Services to be provided by on duty personnel.\r\nExecutive

Summary:\r\nThe Geneva Public Library is requesting to host their 6th Annual Ice

Cream Social on\r\nWednesday, July 13, 2016 from 6:00 – 8:30 pm. Prepackaged ice

cream will be served at no\r\ncost from an authentic Good Humor truck. The Library

expects up to 500 attendees.\r\nThe Library, represented by Public Relations and

Marketing Coordinator Paula Krapf, is seeking\r\nCity Council approval for the closure

of Second Street from James to the alley north of the\r\nLibrary and south of Geneva

Diner from 4:00 pm – 8:30 pm. Chairs will be set up on the east\r\nside of Second

Street with the west side reserved as a fire truck lane. Matt Wilhelm will perform\r\nbike

stunts on Second Street.\r\nThe applicant is requesting police services to place

“no parking” signs up the day of the event\r\nand to remove the “no parking” signs

after the event. They are also requesting public works to\r\ndrop off barricades.\r\nThe

event application was circulated to review staff and no outstanding issues remain.

A\r\nCertificate of Insurance has been submitted.\r\nAttachments: (please list)\r\n?

Special Event Application\r\n? Map of Event and Street Closures\r\nRecommendation

/ Suggested Action: (briefly explain)\r\nApproval of the Geneva Public Library Ice

Cream Social event application and request for street\r\nclosures, use of right-of-way

and police and public works services as presented in application\r\nmaterials. \r\nAGENDA

ITEM EXECUTIVE SUMMARY\r\nAgenda Item:\r\nRequest for the City Council to authorize

amending Title 7\r\n(Motor Vehicles and Traffic), Chapter 3 (Stopping, Standing,

and\r\nParking), Section 10 (Parking Fines) and Title 8 (Public Ways\r\nand Property),

Chapter 7 (Parking Facilities Near Railroad\r\nStation), Section 5 (Permit Parking

Zones) of the City Code of\r\nGeneva, Illinois\r\nPresenter & Title: Brian Maduzia,

Commander\r\nDate: June 13th, 2016\r\nPlease Check Appropriate Box:\r\nX Committee

of the Whole Meeting Special Committee of the Whole Meeting\r\nX City Council Meeting

Special City Council Meeting\r\nPublic Hearing Other -\r\nAssociated Strategic Plan

Goal/Objective: N/A\r\nEstimated Cost: $0 Budgeted? _X_ Yes\r\n ____ No\r\nOther

____ Yes\r\nFunding? ____ No\r\nIf “Other Funding,” please explain how the item

will be funded:\r\nExecutive Summary:\r\nIn March, the City Council directed staff

to research the comparability of\r\nGeneva’s parking fines with those of surrounding

and comparable communities. The\r\nattached Ordinance addresses increasing the fines

and fees to be more consistent with\r\nsurrounding communities and with communities

similar to Geneva.\r\n The amendment to Title 7, Chapter 3, Section 10 would increase

parking fines for\r\nprohibited parking (from $10 to $25), overtime parking (on

a scale) and improper\r\nparking (from $10 to $25). Fines would remain the same

for snow emergency parking\r\n($35), snow ban on secondary streets ($30), and specializedparking\r\nprivilege/handicapped parking ($250). An administrative fee would beadded for\r\nunpaid parking tickets as they passed 15 days past due, 30 days past

due, and 45 days\r\npast due. After 90 days, a warrant (summons) for the arrest

of the offender will be\r\nissued.\r\n The amendment to Title 8, Chapter 7, Section

5 would authorize an increase in\r\nthe parking permit fee only for non-residents.

The non-resident parking permit fee\r\n66\r\nwould increase to $125 from $100. The

resident parking permit fee would remain at\r\n$100.\r\nIn May, all changes except

the overtime parking fee changes were agreed upon by\r\nthe City Council. The newly

revised overtime parking fine changes, outlined in 7-3-10\r\nE through H, were agreed

upon by community representatives and the police\r\ndepartment last Friday.\rAttachments:

(please list)\r\n• Parking Survey Results\r\n• Ordinance No. 2016-23 amending Title

7, Chapter 3, Section 10 & Title 8,\r\nChapter 7, Section 5\r\nRecommendation /

Suggested Action: (how item should be listed on agenda)\r\nWe respectfully request

the City Council to consider and approve the changes to\r\nTitle 7, Chapter 3, Section

10 & Title 8, Chapter 7, Section 5 of the Geneva City Code\r\nas they appear in

Ordinance No. 2016-23.\r\n77\r\n24 surveyed 16 replied\r\nCity\r\nProhibited\r\nParking

Overtime Parking Snow\r\nEmerg.\r\nSnow Ban\r\nSecondary\r\nImproper\r\nParking\r\nHandicap\r\nParking

Overdue Fee\r\nAurora, City of $25.00 Starts at $5* $25.00 N/A $25.00 $250.00\r\nAfter

due date additional $15. After first hearing additional\r\n$40. After final hearing

additional $40. Total additional fees if\r\nnot paid $95\r\nBartlett, Village of\r\nBatavia,

City of $15.00 $15.00 $15.00 N/A N/A $250.00 After 11 days goes up to $30.00\r\nBloomingdale,

Village of $25.00 $25.00 $25.00 $25.00 $25.00 $250.00 $25.00\r\nCarol Stream, Village

of\r\nCrystal Lake, City of $20.00 $20.00 N/A N/A $20.00 $250.00 After 21 days $50.00\r\nDeerfield,

City of $25.00 $25.00 $25.00 $25.00 $25.00 $250.00 Doubles after 30 days\r\nDekalb,

City of $25.00 $25.00 $75.00 $75.00 $25.00 $350.00\r\n$25 tickets are charged an

additional $50. $75 tickets are\r\ncharged an additional $25. $350 tickets are charged

an\r\nadditional $300.\r\nDowners Grove, Village of $25.00 $25.00 $25.00 $25.00

$25.00 $250.00 After 14 days $25.00\r\nElmhurst, City of $25.00 $25.00 $25.00 $25.00

$25.00 $250.00\r\n$25.00 after first 15 days, $50.00 after 30 days, and an\r\nadditional

$50.00 if not paid in 45 days ($150.00 if remains\r\nunpaid after 45 days then at

90 days it goes to collections.)\r\nGlen Ellyn, Village of $25.00 $25.00 $35.00

$35.00 $25.00 $250.00 $50.00/$30.00/$30.00\r\nHanover Park, Village of\r\nHinsdale,

Village of $25.00 $25.00 $25.00 $25.00 $25.00 $250.00 After 30 days from $25 to

$35\r\nLibertyville, Village of $25.00 $25.00 $25.00 $25.00 $25.00 $250.00 $75.00\r\nLisle,

Village of\r\nMcHenry, City of\r\nMundelein, Village of $35.00 $35.00 $35.00 $35.00

$35.00 $250.00\r\nMost fines double after 14 days, increase to $100 after a missed\r\nhearingdate, then go to $250 after a 2nd missed hearing date\r\nwith a notice of final

determination along with options to use a\r\nvehicle boot or request driver's license

be suspended\r\ndependent upon number of outstanding citations.\r\nOswego, Village

of $55.00 $55.00 $55.00 $55.00 $55.00 $350.00\r\nRoselle, Village of\r\nSt Charles,

City of $25.00 $25.00 $25.00 $25.00 $25.00 $250.00 $100/$150/$200\r\nWest Chicago,

City of\r\nWheaton, City of $30.00 $30.00 $30.00 $30.00 $30.00 $350.00**\r\nNo mention

of overdue fees. However, if any of these fines are\r\npaid within 15 days there

is a 50% reduction on the fine.\r\nWoodridge, Village of\r\nWoodstock, City of $20.00

$20.00 $20.00 $20.00 $20.00 $250.00 $30.00***\r\nGENEVA $10.00 Starts at $2****

$35.00 $30.00 $10.00 $250.00 Increase of $10 after 10 days\r\nHigh $55.00 $55.00

$75.00 $75.00 $55.00 $350.00\r\nLow $10.00 $2.00 $15.00 $20.00 $10.00 $250.00\r\nAverage

$26.56 $26.67 $31.00 $32.69 $27.33 $263.33\r\nMedian $25.00 $25.00 $25.00 $25.00

$25.00 $250.00\r\nGeneva $10.00 $2.00 $35.00 $30.00 $10.00 $250.00\r\n*Starts at

$5.00 explained\r\nCity of Aurora has a sliding scale that starts at $5 and can

increase to $100 based on the number of violations\r\n1st offense = $5.00\r\n2nd

- 3rd offense = $10.00\r\n4th - 5th offense = $20.00\r\n6th - 9th offense = $30.00\r\n10th

- 14th offense = $50.00\r\n15th - 19th offense = $75.00\r\n20 or more offenses =

$100.00\r\n***Additional Info on Woodstocks Overdue Fee\r\n****Starts at $2.00 explained\r\nThisis how the fine schedule breaks down within a consecutive 365 day span (see 7-3-10in the Geneva City Code)\r\n1st offense = warning\r\n2nd - 3rd offense = $2.00\r\n4th- 9th offense = $10.00\r\n10th - 14th = $15.00\r\n15 or more offenses = $25.00\r\nOvertimeparking in excess of 9 consecutive hours at 1 location = $10.00\r\nWoodstock willalso suspend driving privileges through the\r\nstate of Illinois for 10 or more outstanding violations, and they\r\nsubmit all unpaid tickets to the IDROP program

where we take\r\nthe money owed to the City from their state income tax\r\nrefunds

and or wages earned.\r\n**There is a $50 reduction if paid in full in 15 days. On the 16th day, if not\r\npaid, a late notice is sent with an additional 5 days forpayment, followed\r\nby notice of a court appearance by DuPage County Circuit Clerk.\r\n88\r\nPARKING

SURVEY RESULTS\r\nORDINANCE NO. 2016-23\r\nAN ORDINANCE AMENDING TITLE 7\r\n(MOTORVEHICLES AND TRAFFIC), CHAPTER 3 (STOPPING, STANDING, AND\r\nPARKING), SECTION 10(PARKING FINES) AND TITLE 8 (PUBLIC WAYS AND\r\nPROPERTY), CHAPTER 7 (PARKING FACILITIES

NEAR RAILROAD STATION),\r\nSECTION 5 (PERMIT PARKING ZONES) OF THE GENEVA CITY CODE\r\n_______________________________________________\r\nBE

IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE\r\nCOUNTY, ILLINOIS,as follows:\r\nSECTION 1: That Title 7 (Motor Vehicles and Traffic), Chapter 3 (StoppingStanding, and\r\nParking), Section 10 (Parking Fines) of the Geneva City Code beand the same is hereby amended\r\nby deleting Section10 and substituting the followingprovisions therefor, instanter:\r\n“7-3-10: - PARKING FINES:\r\nA. Any person accusedof a violation of this chapter or of this title which prohibits parking\r\na vehicle

in a designated area may settle and compromise the claim against such person\r\nfor

such illegal parking by paying the city within ten (10) days of the time such alleged\r\noffensewas committed, the following sums for the following offenses:\r\nB. In the event

any such claim is not paid within fifteen (15) days after the issuance of the\r\ncitation

therefor, an additional twenty-five dollar ($25.00) administrative fee shall be\r\nadded

to each unpaid claim. In this instance the following amounts shall be accepted as\r\nsettlement.\r\nImproper

Parking $50.00\r\nSnow Emergency 60.00\r\nSnow Ban Secondary 55.00\r\nSpecial ParkingPrivilege 275.00\r\nProhibited Parking 50.00\r\nImproper Parking $25.00\r\nSnow

Emergency 35.00\r\nSnow Ban Secondary 30.00\r\nSpecial Parking Privilege 250.00\r\nProhibited

Parking 25.00\r\n99\r\nC. In the event any such claim is not paid within thirty

(30) days after the issuance of the\r\ncitation therefor, an additional fifty dollar

($50.00) administrative fee shall be added to\r\neach unpaid claim. In this instance

the following amounts shall be accepted as\r\nsettlement.\r\nImproper Parking $100.00\r\nSnow

Emergency 110.00\r\nSnow Ban Secondary 105.00\r\nSpecial Parking Privilege 325.00\r\nProhibited

Parking 100.00\r\nD. In the event any such claim is not paid within forty-five (45)

days after the issuance of\r\nthe citation therefor, an additional fifty dollar

($50.00) administrative fee shall be added\r\nto each unpaid claim. In this instance

the following amounts shall be accepted as\r\nsettlement.\r\nImproper Parking $150.00\r\nSnowEmergency 160.00\r\nSnow Ban Secondary 155.00\r\nSpecial Parking Privilege 375.00\r\nProhibitedParking 150.00\r\nE. Any person accused of a violation of this chapter or of thistitle which restricts the length\r\nof time a vehicle may be parked there may settleand compromise the claim against such\r\nperson for such illegal parking by payingthe city within ten (10) days of the time such\r\nalleged offense was committed,the following sums for the following offenses:\r\nF. In the event any such claimis not paid within fifteen (15) days after the issuance of the\r\ncitation therefor,an additional five dollar ($5.00) administrative fee shall be added to\r\nOvertime

Parking:\r\nViolations 1 & 2\r\nViolations 3-5\r\nViolations 6-10\r\nViolations

11-15\r\nViolations 16 and above\r\nWritten Warning\r\n$5.00\r\n10.00\r\n25.00\r\n40.00\r\n1010\r\neach

unpaid claim. In this instance the following amounts shall be accepted as\r\nsettlement.\r\nG.

In the event any such claim is not paid within thirty (30) days after the issuance

of the\r\ncitation therefor, an additional ten dollar ($10.00) administrative fee

shall be added to\r\neach unpaid claim. In this instance the following amounts shall

be accepted as\r\nsettlement.\r\nH. In the event any such claim is not paid within

forty-five (45) days after the issuance of\r\nthe citation therefor, an additional

twenty-five dollar ($25.00) administrative fee shall be\r\nadded to each unpaid

claim. In this instance the following amounts shall be accepted as\r\nsettlement.\r\nI.

In the event that such claims are not paid within ninety (90) days, the matter may

be\r\nturned over to a collection agent or a warrant (summons) for the arrest of

the offender\r\nwill be issued without further notice. Payment of claims or fines

shall be made at the\r\npolice station of the City, or in the fine deposit boxes

located upon the streets of the City,\r\nand such funds shall be promptly turned

over to the City Treasurer to be credited to the\r\ngeneral corporate fund.”\r\nOvertime

Parking:\r\nViolations 1 & 2\r\nViolations 3-5\r\nViolations 6-10\r\nViolations

11-15\r\nViolations 16 and above\r\nWarning – No cost\r\n$10.00\r\n15.00\r\n30.00\r\n45.00\r\nOvertime

Parking:\r\nViolations 1 & 2\r\nViolations 3-5\r\nViolations 6-10\r\nViolations

11-15\r\nViolations 16 and above\r\nWarning – No cost\r\n$20.00\r\n25.00\r\n40.00\r\n55.00\r\nOvertime

Parking:\r\nViolations 1 & 2\r\nViolations 3-5\r\nViolations 6-10\r\nViolations

11-15\r\nViolations 16 and above\r\nWarning – No cost\r\n$45.00\r\n50.00\r\n65.00\r\n80.00\r\n1111\r\nSECTION

2: That Title 8 (Public Ways and Property), Chapter 7 (Parking Facilities Near Railroad\r\nStation),Section 5 (Permit Parking Zones) of the Geneva City Code be and the same is hereby\r\namendedby deleting Sections 5 and substituting the following provisions therefor, instanter:\r\n“8-7-5:

- PERMIT PARKING ZONES:\r\nA. Permit Parking Areas: Permit parking area signs shall

be erected in permit parking\r\nareas. Such signs shall be of such character as

to inform motorists that designated areas\r\nrequire permits.\r\nB. Only vehicles

displaying a parking permit authorized by this Chapter may park in a\r\npermit parking

area, except on Saturdays, Sundays and City observed holidays.\r\nC. Issuance Of

Parking Permit; Display: Upon the applicant's payment of permit fee set\r\nforth

below and the submission of a completed and validated parking permit application,\r\nthe

applicant shall receive one parking permit. An applicant for a parking permit must\r\nbe

the holder of a valid driver's license. No parking permit shall be issued to an

applicant\r\nwho has one or more delinquent and unpaid parking ticket or citation

with the City.\r\nSuch parking permit shall be displayed from the rearview mirror

of the vehicle. Failure\r\nto display said permit parking tags shall be a violation

of this Chapter and subject to the\r\npenalties set forth below.\r\nD. Application;

Contents: An application for a parking permit on which the applicant is to\r\nprovide

the following information for one vehicle to receive a parking permit shall\r\ninclude:\r\n1.

The name and residential address of the owner of the vehicle; home and work\r\ntelephonenumbers of the applicant; and\r\n2. The signature of the applicant.\r\nE. ParkingPermit Fee: Parking permits shall be issued by the police department of the city\r\nona quarterly basis, i.e., first quarter (September through November), second quarter\r\n(Decemberthrough February), third quarter (March through May), and fourth quarter\r\n(Junethrough August). Each quarter year parking permit or tag shall be color coded.\r\nThepermit parking fee for each quarter year shall be one hundred dollars ($100.00)afor\r\nresidents of the City of Geneva and one hundred twenty-five dollars ($125.00)for nonresidents.\r\nThe fee shall be prorated at one dollar and fifty cents ($1.50)

per business day\r\nfor each partial quarter thereof.\r\nF. Renewal Of Parking Permits:

Upon a parking permit holder's payment of a renewal fee,\r\nthe return or surrender

of the old parking permit and his fulfillment of all applicable\r\nprovisions of

this chapter controlling the issuance renewal of a permit on or before the\r\nexpiration

date of the existing parking permit, the holder shall receive a new parking\r\npermit

for the next quarter. The police department shall mail to existing permit holders\r\nnotices

of expiration and renewal not less than two (2) weeks prior to the commencement\r\nof

a new quarter. It shall be the duty and responsibility of existing permit holders

to\r\nreapply for renewal of permits and the failure of a holder to reapply within

two (2) days\r\nof the permit expiration date shall result in forfeiture of any

right or interest to a renewal\r\n1212\r\npermit. No renewal permit shall be issued

to an applicant or permit holder for a vehicle\r\nwhich has any delinquent and unpaid

parking ticket or citation in the City.”\r\nSECTION 3: That Titles 7 and 8 of the

Geneva City Code as heretofore and herein above\r\namended shall otherwise remain

in full force and effect.\r\nSECTION 4: This Ordinance shall become effective from

and after its passage as in accordance\r\nwith law. Publication of this Ordinance

is hereby approved to be in pamphlet form.\r\nPASSED by the City Council of the

City of Geneva, Kane County, Illinois, this 20th\r\nday of June, 2016.\r\nAYES:

NAYS: ABSENT: ABSTAINING: HOLDING OFFICE: 10\r\nAPPROVED by me as Mayor of the City

of Geneva, Kane County, Illinois, this 20th\r\nday of June, 2016.\r\n______________________________\r\nMayor\r\nATTEST:\r\n_________________________________\r\n

City Clerk\r\n1313\r\nAGENDA ITEM EXECUTIVE SUMMARY\r\nAgenda Item:\r\nBike Rack

Art Program: Resolution Authorizing Execution of\r\nAgreement for Creation and Transfer

of Artwork between City of\r\nGeneva and J. Jenkins Art\r\nPresenter & Title: Cathleen

Tymoszenko, Economic Development Director\r\nDate: June 13, 2016\r\nPlease Check

Appropriate Box:\r\nx Committee of the Whole Meeting Special Committee of the Whole

Meeting\r\nx City Council Meeting Special City Council Meeting\r\n Public Hearing

Other -\r\nAssociated Strategic Plan Goal/Objective:\r\nEstimated Cost: $ 3,000\r\nBudgeted?

__X_ Yes\r\n ____ No\r\nOther ____ Yes\r\nFunding? ____ No\r\nIf “Other Funding,”

please explain how the item will be funded:\r\nExecutive Summary:\r\nIn 2013, the

Geneva Cultural Arts Commission and the Public Art Committee created the\r\nBike

Rack Art Program to promote more sculpture throughout the downtown. The\r\nprogram

aims to replace existing standardized bike racks with unique designs.\r\nA Call

to Artists and Designers: Request for Proposals for Sculptural Bicycle Rack was\r\nissued.

The first installation was dedicated on July 14, 2015 and consisted of the\r\nWelcome

Rounds bike rack exhibit at Campbell and Third.\r\nTo continue with the program,

at the Commission’s request, the City Council approved a\r\nResolution to allow

for the waiving of bids to allow a local artist to design and fabricate\r\nthe second

bike sculpture. The Commission sought out local artist Jim Jenkins to work on\r\nthe

second bike rack sculpture. Mr. Jenkins is a Geneva resident and an accomplished\r\nartistwith public art installations throughout the Fox Valley. The proposed design is\r\ntitled

“A Unique Cycle”.\r\nThe design piece is 36” tall and will support three bikes.

It will be constructed from ½”\r\nstainless steel water-jet cut plate and 3/8” stainless

steel angle. The sculpture will be\r\ninstalled on the southeast corner of State

and 4th Streets replacing the current bike rack.\r\nThe cost for the design has

been budgeted and will be funded by the Cultural Arts\r\nCommission. The total project

cost is $3,000 ($1,500 due upon contract execution). Mill\r\n1414\r\nRace Cyclery

will be making a $1,000 donation in support of the project.\r\nThe Public Arts Advisory

Committee met on May 31 to review the details of the\r\nproposed design. The Committee

has provided a recommendation for approval as per the\r\nattached meeting minutes.\r\nMembers

of the Cultural Arts Commission as well as the artist Jim Jenkins will be\r\npresent

at the meeting Monday evening to review details of the design and answer any\r\nquestions.

The property owners adjacent to the public property where the bike rack will\r\nbe

installed have been advised of the project and the design and have not expressed

any\r\nconcerns for consideration.\r\nAttachments: (please list)\r\n? Resolution

Authorizing Execution of Agreement\r\n? Agreement for Creation and Transfer of Art

Work\r\n? Art Work Design Exhibits\r\n? Public Arts Advisory Committee Minutes\r\nRecommendation

/ Suggested Action: (how item should be listed on agenda)\r\nMotion to Approve Resolution

Authorizing Execution of Agreement for Creation and\r\nTransfer of Art Work between

the City of Geneva and J. Jenkins Art subject to Attorney\r\nreview.\r\n1515\r\nRESOLUTIONNO. 2016-50\r\nRESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR CREATION\r\nANDTRANSFER OF ARTWORK BETWEEN THE CITY OF GENEVA\r\nAND J. JENKINS ART\r\n BE IT RESOLVEDBY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE\r\nCOUNTY, ILLINOIS, as follows:\r\nSECTION

1: That the Mayor is hereby authorized to execute, on behalf of the City of\r\nGeneva,

AN AGREEMENT FOR CREATION AND TRANSFER OR ARTWORK BETWEEN\r\nTHE CITY OF GENEVA

AND J. JENKINS ART, in the form attached hereto at Exhibit “A”,\r\nrelating to the

creation and installation of a sculptural bike rack as part of the Bike Rack Art

Program\r\nin Geneva, IL.\r\nSECTION 2: This Resolution shall become effective from

and after its passage as in\r\naccordance with law.\r\nPASSED by the City Council

of the City of Geneva, Kane County, Illinois, this 20th day of\r\nJune, 2016\r\nAYES:

___ NAYS: ___ ABSENT: ___ ABSTAINING: ___ HOLDING OFFICE: ___\r\nApproved by me

this ____ day of __________, 2016.\r\nKevin Burns\r\n Mayor\r\nATTEST:\r\nLynn Landberg,

City Clerk\r\n1616\r\nAGREEMENT FOR THE\r\nCREATION AND TRANSFER OF ARTWORK\r\nFOR

CITY OF GENEVA, IL CULTURAL ART COMMISSION\r\nBIKE + RACK = ART PUBLIC ART PROGRAM\r\nThis

Agreement is between the City of Geneva, IL (hereinafter referred to as the\r\n“CITY”)

and _____________________________ (hereinafter referred to as the “ARTIST”).\r\nRECITALS

: ARTST has been selected to create and install the artwork(s) described\r\nbelow

(hereinafter described and referred to as the “WORK”) in the designated location

in\r\nDowntown Geneva, IL.\r\nAGREEMENT\r\n1) SCOPE OF CONTRACTOR SERVICES.\r\nARTISTshall execute and prepare for shipment the WORK in accordance with the\r\ndesignproposal attached as Exhibit “A” and the following description and\r\nspecifications:\r\nDescriptionof Work :\r\nNAME OF PUBLIC ART PROJECT:\r\nBike + Rack = Art Public Art Project\r\nLOCATIONOF PROJECT: Current location of existing city bike rack at the southeast\r\ncornerof S. Fourth Street and State Street(s).\r\nARTIST: J. Jenkins Arts\r\nADDRESS:

228 Anderson Blvd. , Geneva, IL 60134\r\nPHONE: 630.677.2232 _____________________\r\nE-MAIL:

Jim@jenkinsarts.com\r\nCREDIT: Jim Jenkins\r\n(Exact form of artist’s name for attributionin all written materials, exhibition labels,\r\netc.)\r\nTITLE OF WORK: A Unique

Cycle\r\nDESIGN: As set forth in Exhibit “A” attached hereto (please attach a drawing\r\ndetailinginstallation plans unless already provided)\r\nMEDIUM: 1/2” stainless steel plate\r\nDIMENSIONS:

H: 36” W: 12” D: 24”\r\nPage 1\r\n1717\r\nESTIMATED INSURANCE VALUATION: $\r\nDATEFOR INSTALLATION OF WORK:\r\n2) EFFECTIVE DATE. This agreement shall be effectiveas of.\r\n3) COMPENSATION. CITY agrees to pay ARTIST a fixed fee of Three ThousandDollars\r\n($3,000.00), which shall constitute full compensation for all services,materials, travel,\r\ndelivery, insurance and installation to be furnished under

the terms of this agreement.\r\nSuch fee shall be paid as follows:\r\n1\r\nst Payment:

One Thousand Five Hundred ($1,500.00) to be paid upon execution of this\r\ncontract

by all parties and receipt of an invoice from ARTIST.\r\n2\r\nnd Payment: One Thousand

Five Hundred ($1,500.00) to be paid upon delivery,\r\ncompletion of installation

and final acceptance of the WORK.\r\nIn no event shall the City’s liability to the

ARTIST exceed Three Thousand Dollars\r\n($3,000.00) without prior approval of the

appropriate City officials.\r\n4) INDEPENDENT CONTRACTOR STATUS.\r\n(A) ARTIST isengaged as an independent contractor and will be responsible for\r\nany federal,

state and local taxes and fees applicable to payments.\r\n(B) ARTIST and its subcontractorsand employees are not employees of the CITY and\r\nare not eligible for any benefitsthrough CITY, including without limitation,\r\nfederal social security, health benefits,workers' compensation, unemployment\r\ncompensation, and retirement benefits.\r\n5)ASSIGNMENT. ARTIST shall not assign this Agreement, in whole or in part, or any\r\nrightor obligation, without the prior written approval of CITY.\r\n6) OWNERSHIP OF WORK/COPYRIGHT/REPRODUCTION/RESALE/\r\nDEACCESSION.\r\n(A)

OWNERSHIP. The WORK created under this agreement shall be the property of\r\nthe

CITY.\r\n(B) COPYRIGHT. The ARTIST shall retain copyright but shall make no exact\r\nduplicationsto full scale of the work at another location. All copyright and\r\nfurther reproductionrights to the WORK shall remain with the ARTIST.\r\n(C) PROTECTION OF COPYRIGHT.

The CITY shall take reasonable measures to\r\nensure that ARTIST’S copyright is

protected; however, the ARTIST shall be\r\nresponsible for the prosecution of any

legal claims or suits to enforce its\r\ncopyright. The CITY understands that the

copyright to the WORK remains with\r\nARTIST and that copyright is not transferred

to the CITY unless otherwise stated\r\nin writing by the ARTIST.\r\n(D) COPYRIGHT

CLAIMS. ARTIST hereby agrees that ARTIST shall give the\r\nCITY written notice prior

to asserting any claim pertaining to the specific WORK\r\n2\r\n1818\r\nreferenced

herein which may arise pursuant to 17 U.S.C. § 101 et seq. (the\r\n“Copyright Law”),

including but not limited to 17 U.S.C. § 106A (e), the Visual\r\nArtists’ Rights

Act. Upon receiving such notice, the CITY shall have at least\r\nninety (90) days

from the date of receipt to evaluate and/or cure any such claim\r\nthat either or

both of them have violated the ARTIST copyright.\r\n(E) REPRODUCTIONS. The ARTIST

shall allow the CITY to make and authorize\r\nthe making of photographs and other

two-dimensional reproductions of the\r\nWORK for educational, public relations,

arts promotional, marketing, and noncommercial\r\npurposes for as long as the CITY

owns the WORK. On any such\r\nreproductions, the CITY shall take reasonable measures

to identify the\r\nARTIST as the creator of the WORK. In the event the CITY wishes

to use the\r\nWORK for commercial purposes, the CITY shall contact the ARTIST so

that a\r\nseparate agreement may be negotiated.\r\n(F) CREDITS. The ARTIST also

agrees that photographic reproductions of the\r\nWORK made by ARTIST for publicity

purposes shall refer to the fact that the\r\nWORK is installed in Geneva, IL as

part of the City of Geneva, Illinois Public\r\nArt Collection.\r\n(G) DEACESSION

PROCEDURE. The ARTIST agrees and acknowledges that\r\nshould the deaccessioning

of the WORK become necessary at any point, the\r\nCITY shall proceed with deaccessioningpursuant to the guidelines approved\r\nby the CITY as outlined in the current CityOf Geneva Illinois Public Art\r\nPolicy as same may be amended from time to time.\r\n(H)

RESITING. The CITY intends that the WORK shall remain in its designated site;\r\nhowever,the CITY reserves the right to relocate the work.\r\n7) DELIVERY AND INSTALLATION.\r\n(A)

Upon acceptance of WORK in manner described in Exhibit “A”, ARTIST shall\r\ndeliver

and install the WORK in good condition as specified in Exhibit “A”.\r\n(B) Time

of completion of the WORK is the essence of the Contract, and the ARTIST\r\nshall

install the WORK on or before July 22, 2016. The CITY shall grant a\r\nreasonable

extension of time to the ARTIST in the event there is delay on the part\r\nof the

CITY in performing its obligations under this Agreement or if conditions\r\nbeyond

that ARTIST’S control (including, but not limited to, fire, theft, strikes,\r\nshortage

of materials, and acts of nature) render timely performance impossible.\r\n8) WARRANTY,

LOSS OR DAMAGES.\r\n(A) ARTIST warrants that the WORK is and will be the original

product of the\r\nARTIST’S own creative efforts and does not infringe on any third

party’s\r\ncopyrights or other intellectual property rights. This shall not, however,

preclude\r\nARTIST from subcontracting certain processes.\r\n(B) ARTIST warrants

for a period of one (1) year from the date of acceptance by the\r\nCITY of the WORK

that the WORK shall be free from defects in material and\r\nworkmanship. The CITY

shall not unreasonably withhold acceptance of the\r\nPage 3\r\n1919\r\ncompleted

WORK or of its installation, and shall accept or reject the WORK no\r\nlater than

three days after the delivery or installation of the WORK as applicable\r\nto scope

of work. In the event CITY rejects and ARTIST reworks the WORK as\r\npermitted on

Exhibit A, the warranty set forth in this paragraph 8(B) will be\r\nextended for

one (1) year from the later acceptance date. ARTIST shall repair or\r\nreplace at

the CITY’S discretion and at no additional cost to the CITY any portion\r\nof the

WORK that is found to be defective during the warranty period. The CITY\r\nagrees

to notify ARTIST of any such defect immediately upon discovery.\r\nConfirmation

of notice shall be made in writing.\r\n(C) ARTIST shall assume all risk of loss

or damage to the WORK prior to completion\r\nand installation. The CITY shall assume

all risk of loss or damage in the WORK\r\nafter acceptance of the WORK provided

such loss or damage is not the fault of\r\nARTIST.\r\n(D) In the event of physical

loss or damage to the WORK prior to completion and\r\ninstallation, the ARTIST shall

rectify the loss or damage by repair, restoration,\r\nreplacement or other appropriate

means as soon as possible at no additional cost\r\nto the CITY.\r\n9) REPAIR. With

respect to any repair or restoration of the WORK not covered by the\r\nwarranty

provided in Paragraph 8, ARTIST shall be consulted if possible if the need for\r\nrepair

or restoration arises. The nature of the repair shall not significantly alter the\r\noriginal

appearance of the work. ARTIST shall provide instructions for the repair of the\r\nWORK.\r\n10)

MAINTENANCE. The CITY shall be responsible for the proper cleaning, maintenance,\r\nand

protection of the WORK after installation, pursuant to instructions provided by\r\nARTIST

and submitted by ARTIST on the Conservation Record & Maintenance Form\r\nattached

hereto as Exhibit “B”.\r\n11) INDEMNIFICATION. The ARTIST shall hold harmless, defend,and indemnify the\r\nCITY and their officers, agents, and employees, against all

claims, demands, actions, and\r\nsuits (including all attorney fees and costs) brought

against and of them arising from the\r\nARTIST’S work or any subcontractor’s work

under this agreement.\r\n12) LIABILITY INSURANCE. The ARTIST shall maintain public

liability and property\r\ndamage insurance that protects the ARTIST and the CITY

and their officers, agents, and\r\nemployees from any and all claims, demands, actions

and suits for damage to property or\r\npersonal injury, including death, arising

from the ARTIST’S work under this Agreement.\r\nThe insurance shall provide coverage

for not less than $500,000 for personal injury to\r\neach person, $1,000,000 for

each occurrence, and $100,000 for each occurrence\r\ninvolving property damages;

or a single limit policy of not less than $750,000 covering\r\nall claims per occurrence.

The insurance shall be without prejudice to coverage\r\notherwise existing and shall

name as additional insured the CITY and its officers, agents\r\nand employees. Notwithstandingthe naming of additional insureds, the insurance shall\r\nprotect each insured inthe same manner as though a separate policy had been issued to\r\neach, but nothingherein shall operate to increase the insurer’s liability as set forth\r\nelsewhere

in the policy beyond the amount of amounts for which the insurer would have\r\nbeen

liable if only one person or interest had been named as insured. The coverage must\r\napplyas to claims between insureds of the policy. The insurance shall provide that the\r\ninsurance shall not terminate or be canceled without thirty (30) days written notice first\r\n4\r\n2020\r\nbeinggiven to the CITY. If the insurance is canceled or terminated prior to final\r\nacceptanceof the WORK by the CITY, ARTIST shall provide a new policy with the same\r\nterms.

If the ARTIST fails to provide the insurance as provided herein, the CITY shall\r\nhave

the right to obtain such coverage at the ARTIST’S cost. ARTIST agrees to maintain\r\ncontinuousuninterrupted coverage until final acceptance of the WORK by the CITY, for\r\ntheduration of the contract.\r\n13) WORKERS’ COMPENSATION INSURANCE.\r\n(A) If requiredby law in Illinois or any other state, country or jurisdiction where the\r\nWORKis being created, the ARTIST shall obtain workers’ compensation\r\ninsurance coveragefor all of its workers, employees and subcontractors until final\r\nacceptance ofthe WORK by the CITY, for the duration of the Agreement.\r\n(B) In the event thatthe ARTIST’S workers’ compensation insurance coverage\r\nexpires prior to finalterm of this Agreement, the ARTIST agrees to timely renew\r\nhis/her insurance.\r\n14)

SEVERABILITY. If any term of this Agreement is held to be illegal, void or\r\nunenforceablefor any reason, such holding shall not affect the validity and enforceability\r\nofany other term of this Agreement.\r\n15) ENTIRE AGREEMENT. This Agreement constitutesthe entire Agreement of the parties\r\nwith respect to the subject matter of thisAgreement, and supersedes and replaces any\r\nprior written or oral agreements,or understandings between the parties.\r\n16) GOVERNING LAW AND VENUE. This Agreementshall be governed by and construed\r\nin accordance with the laws of the State ofIllinois. The venue for any action commenced\r\nunder this agreement shall be exclusivelyin the City of Geneva, Kane County, Illinois.\r\n17) MEDIATION. Any dispute betweenthe parties, including but not limited to disputes\r\narising out of this Agreement,shall, upon written notice, be submitted to mediation\r\npursuant to Illinois Law

by a certified mediator pursuant to Illinois Sixteenth Judicial\r\nCircuit Civil

Proceedings Local Court Rule Article 12, acceptable to the parties prior to\r\neither

party instituting a civil action.\r\nUnless otherwise agreed, the mediation shall

be conducted in Geneva, Illinois. If the parties\r\ncannot agree upon a certified

mediator within 14 days of the Order of Referral, the\r\nplaintiff’s attorney (or

another attorney agreed upon by all attorneys) shall so notify the\r\nCourt within

7 days of the expiration of the period to agree on a mediator, and the Court\r\nshall

appoint a certified mediator selected by rotation or by such other procedures as

may\r\nbe adopted by Administrative/General Order of the Chief Judge in the Circuit

in which\r\nthe action is pending.\r\nThe parties agree that all facts and other

information relating to any mediation arising\r\nunder this Agreement shall be kept

confidential to the fullest extent permitted by law.\r\nNothing herein shall prelude

either party from seeking immediate relief from a court in\r\nthe event any right

or remedy will be lost before mediation could reasonably be\r\nconcluded.\r\nPage

5\r\n2121\r\n18) ATTORNEY'S FEES. In the event of arbitration or litigation arising

out of, or in any\r\nway related to any term set forth in this Agreement, the prevailing

party, in addition to\r\nany other relief awarded, shall be entitled to recover

its reasonable attorney's fees and\r\ncourt costs at arbitration, trial and/or on

appeal.\r\n19) AUDIT PROVISION. The City or its assign may audit all financial and

related records\r\n(including digital) associated with the terms of the contract

or agreement. The City may\r\nfurther audit any contractor records to conduct performanceaudits (to identify waste and\r\nabuse or to determine efficiency and effectivenessof the contract or agreement) or to\r\nidentify conflicts of interest. The ARTISTshall keep and maintain records of the work\r\nperformed pursuant to this Contractor Agreement. Costs of any audits conducted under\r\nthe authority of this section

and not addressed elsewhere will be borne by the CITY\r\nunless the audit identifies

significant findings that would benefit the CITY. The ARTIST\r\nshall reimburse

the CITY for the total costs of an audit that identifies significant findings\r\nthat

would benefit the City. This Section shall not be construed to limit, revoke, or\r\nabridge

any other rights, powers, or obligations relating to audit which the City may have\r\nby

Federal, State, or Municipal law, whether those rights, powers, or obligations are\r\nexpressor implied.\r\n19) TERMINATION. The CITY may terminate this contract without causefor any reason.\r\nSaid termination shall not be deemed a breach of contract bythe CITY. The CITY shall\r\ngive the ARTIST at least thirty (30) days written notice

before the effective termination\r\ndate. The ARTIST shall be entitled to compensation

for authorized expenditures and\r\nsatisfactory services completed as of the termination

date, but in no event shall the CITY\r\nbe liable to the ARTIST for compensation

for any service which has not been rendered.\r\nThe final decision as to the amount,

for which the CITY is liable, shall be determined by\r\nthe CITY. Should the CITY

exercise this provision, the ARTIST shall not have any right\r\nto any actual general,

special, incidental, consequential, or any other damages whatsoever\r\nof any description

or amount.\r\nIf the ARTIST fails to fulfill its obligations under this contract

in a timely or proper\r\nmanner, or if the ARTIST violates any terms of this contract,

the CITY shall have the\r\nright to immediately terminate the contract and withhold

payments in excess of fair\r\ncompensation for completed services. Notwithstanding

the above, the ARTIST shall not\r\nbe relieved of liability to the CITY for damages

sustained by virtue of any breach of this\r\ncontract by the ARTIST.\r\n20) NON-DISCRIMINATION

PROVISION. ARTIST agrees to comply with all federal,\r\nstate and local non-discriminationprovisions that the City of Geneva, Illinois is under a\r\nduty to comply with underfederal, state or local law. ARTIST agrees not to discriminate\r\nagainst any participanton the basis of race, color, religion, sex, age or national origin.\r\nARTIST furtheragrees to comply with all federal, state and local laws regarding\r\ntreatment and

accommodations for individuals with disabilities.\r\n21) NONWAIVER. The waiver by

any party of a breach or violation of any term of this\r\nAgreement by the other

party shall not operate or be construed as a waiver of any\r\nsubsequent breach.\r\n22)

AMENDMENTS. Any amendment to this Agreement must be made in writing and\r\nsigned

by the party against whom enforcement is sought.\r\n6\r\n2222\r\n24) NOTICES. All

notices required by this contract shall be in writing and mailed to the\r\nparties

at the addresses set forth below or at such other address that a party shall specify.\r\nIf

the ARTIST fails to notify the CITY of his/her current address, notice shall be

deemed\r\nsufficient if CITY mails notice to the address of ARTIST provided below.\r\nSIGNATURES\r\nARTIST\r\nName:\r\nAddress:\r\nPhone:\r\nE-mail:\r\nSocial

Security #: ______________________________________\r\nSignature: ______________________________________\r\nDate:

______________________________________\r\nCITY Stephanie Dawkins\r\nCity Administrator\r\nCity

of Geneva\r\n22 S. First St. Geneva, IL 60134\r\nTim Vetang, Chairman\r\nGeneva

Cultural Arts Commission\r\nCity of Geneva\r\n22 S. First St. Geneva, IL 60134\r\nSignature:

______________________________________\r\nStephanie Dawkins, City of Geneva IL,

60134\r\nDate: ______________________________________\r\n\r\nSignature: ______________________________________\r\nTim

Vetang, Geneva Cultural Arts Commission, Chairman\r\nDate: ______________________________________\r\nPage

7\r\n2323\r\nEXHIBIT “A”\r\nThe ARTIST has been commissioned based upon a design

submitted for jurying in the Bike +\r\nRack = Art Bicycle Rack Competition. The

design proposal is attached hereto as Exhibit A-1 as\r\npart of EXHIBIT “A”. It

is understood that ARTIST will make every effort to create the\r\nWORK in the spirit

of the design, but that the necessity for continuous refinement and\r\ndevelopment

may alter the final rendering. CITY has final approval rights.\r\nARTIST SHALL:\r\n1)

Provide CITY with detailed project budget, a maintenance plan, and a description

of\r\nproposed installation plans, the materials, and fabrication methods at the

sites as directed\r\nby the CITY.\r\n2) Design, fabricate, deliver and install the

WORK in good condition in accordance with the\r\nARTIST’S original design proposal,

the model and images submitted, the specifications\r\ndescribed in Exhibit A-1 attached

hereto, and subsequent discussions between the\r\nARTIST, the CITY and representativesof the project site.\r\n3) ARTIST shall leave WORK and site in good condition wheninstallation is complete and\r\nwill indemnify CITY for any costs or damages itincurs resulting from the installation\r\nprocess, should the artist be responsiblefor any part or portion of the installation.\r\nARTIST shall be financially responsiblefor any injuries or damages caused by the\r\ninstallation process.\r\n4) Install

the WORK in a manner acceptable to the CITY and coordinate with the CITY\r\nPublic

Works Department to arrange and/or facilitate installation.\r\n8\r\n2424\r\nEXHIBIT

B CONSERVATION FORM & MAINTENANCE RECORD\r\nThis form should be completed by the

ARTIST. The information provided by the ARTIST will\r\nbe used for the artwork’s

permanent catalogue record as well as for the future care of the\r\nartwork.\r\nGENERAL

INFORMATION\r\n1. Artist:\r\n2. Address:\r\n3. Phone:\r\n4. Email:\r\n5. Title of

Artwork(s):\r\n\r\n6. Description of Artwork (s):\r\n\r\n7. Date and Place Executed:\r\n8.

Installation Date:\r\n9. Project Name: Bike + Rack = Art Bicycle Rack Public Art

Project\r\n10. Location of Artwork/Site:\r\n11. Medium:\r\n12. Dimensions: Height:

Width: Depth:\r\nHeight: Width: Depth:\r\n13. reflect the impact of the environment?

Should the work be cleaned?\r\n14. Suggested routine maintenance:\r\n(Exhibit B

Continued on the following page)\r\nPage 9\r\n2525\r\n15. To your knowledge, can

the CITY cleaning staff or Public Works Department be\r\nresponsible for this routine

maintenance?\r\n16. Yearly maintenance and care of artwork (cleaning agent and procedure):\r\n17.

Can the CITY Staff or Public Works Department be responsible for these procedures?\r\n

Artist’s Signature Date _\r\n10\r\n2626\r\nExhibit A\x10\x14\r\nPage 11\r\n2727\r\n2828\r\n2929\r\n3030\r\n3131\r\n3232\r\n3333\r\nPUBLIC

ART ADVISORY COMMITTEE\r\nMinutes\r\nMeeting held on May 31,2016 at Public Works\r\n1.

CALL TO ORDER: ROLL CALL at 7:05 p.m.\r\n Present - Brian Schiber, Nanette Andersson,

Dana Teichart, Tim Vetang,\r\n Guest - Artist James Jenkins. Not present - Kari

Bartel, Mark Brault and\r\n Peggy Condon\r\n2. AMENDMENTS TO AGENDA - None\r\n3.

INTRODUCTIONS - Group introduced themselves to our guest\r\n4. REVIEW AND RECOMMEND

BIKE RACK - James Jenkins creator of “A Unique\r\nCycle” presented his work and

the story behind the design. Nanette suggested\r\nsome ways to strengthen the mounting.

Brian and the artist will look into it.\r\nMotion by Dana, Second by Nanette to

recommend approval of bike rack to\r\nCouncil. Motion passed unanimously.\r\n5.

UPDATE ON “ART ON FIRE” HYDRANT PAINTING CONTEST - Tim updated\r\nPAAC on current

“Art on Fire” submissions. Hope to do voting in June.\r\n6. NEW BUSINESS - None\r\n7.

PUBLIC COMMENTS - None\r\n8. ADJOURN - Motion to Adjourn by Nanette, Second by Dana.

Meeting adjourned\r\nat 7:35 pm.\r\nMinutes by Tim Vetang\r\n3434\r\nAGENDA ITEM

EXECUTIVE SUMMARY\r\nAgenda Item: Authorize the purchase of one (1) Chevrolet seda to be used by\r\nthe City of Geneva Fire Department.\r\nPresenter & Title: Mark

Einwich, Deputy Chief – Operations\r\nDate: June 13, 2016\r\nPlease Check Appropriate

Box:\r\nX Committee of the Whole Meeting Special Committee of the Whole Meeting\r\nX

City Council Meeting Special City Council Meeting\r\nPublic Hearing Other -\r\nAssociated

Strategic Plan Goal/Objective: N/A\r\nEstimated Cost: $28,000 Budgeted? _X_ Yes\r\n

____ No\r\nOther ____ Yes\r\nFunding? X No\r\nIf “Other Funding,” please explain

how the item will be funded:\r\nExecutive Summary:\r\nThe FY2016-2017 budget includes

approved expenditures of $28,000 for the purchase\r\nof one (1) new fire department

vehicle, which includes all associated conversion costs\r\nfor use as an emergency

response vehicle. This new vehicle will replace a 2000 Ford\r\nCrown Victoria with

over 114,000 miles that is being driven by the Fire Marshal. That\r\nvehicle is

a used police squad car that was deemed no longer suitable for use as a patrol\r\nvehicle.

The Chevrolet sedan is being purchased based on the State of Illinois Police\r\nPursuit

Vehicle Government Pricing form Miles Chevrolet in Decatur, IL.\r\nAttachments:

(please list)\r\n? Resolution No. 2016-__\r\n? State of Illinois Police Pursuit

Vehicle Government Pricing order forms from\r\nMiles Chevrolet, Decatur, IL\r\n?

Emergency lighting price quote from Fleet Safety Supply, Naperville, IL\r\n? Illinois

Procurement Bulletin Master Contract for State of Illinois Police Pursuit\r\nVehicle

Government Pricing, mid-sized 4-door sedan (beginning at Line# 00053,\r\nthrough

Line#00103)\r\n3535\r\nRecommendation / Suggested Action: (how item should be listed

on agenda)\r\nConsideration by the City Council to approve the purchase of one (1)

Chevrolet sedan\r\nin an amount not to exceed $28,000 which includes additional

conversion costs for use\r\nas emergency response vehicle.\r\n3636\r\nRESOLUTION

NO. 2016-51\r\nRESOLUTION AUTHORIZING\r\nTHE PURCHASE OF FIRE DEPARTMENT VEHICLE\r\nBE

IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA,\r\nKANE COUNTY, ILLINOIS,

as follows:\r\nSECTION 1: That the City Administrator is hereby authorized to execute,

on behalf of\r\nthe City of Geneva, the purchase of one (1) Chevrolet sedan to be

used by the as an\r\nadministrative vehicle by the Division of Assessment, Planning

and Prevention under the Fire\r\nDepartment.\r\n SECTION 2: This Resolution shall

become effective from and after its passage as in\r\naccordance with law.\r\n PASSED

by the City Council of the City of Geneva, Kane County, Illinois, this ___ day\r\nof

__________, 2016.\r\nAYES: __ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE:

__\r\nApproved by me this ___ day of__________, 2016.\r\nMayor\r\nATTEST:\r\nCity

Clerk\r\n3737\r\n3838\r\n3939\r\n4040\r\n4141\r\n4242\r\n4343\r\n4444\r\n4545\r\n4646\r\n4747\r\n4848\r\n4949\r\n5050\r\nAGENDA

ITEM EXECUTIVE SUMMARY\r\nAgenda Item: City Utility Easement Agreement with the

Geneva Park District for\r\na new watermain in Wheeler Park (Route 31 Watermain

Extension)\r\nPresenter & Title: Brian L. Schiber, P.E. City Engineer/ADPW\r\nDate:

May 27, 2016\r\nPlease Check Appropriate Box:\r\nx Committee of the Whole Meeting

Special Committee of the Whole Meeting\r\nx City Council Meeting Special City Council

Meeting\r\nPublic Hearing Other -\r\nAssociated Strategic Plan Goal/Objective:\r\nVision

5: Community needs and desires are effectively and efficiently balanced with\r\navailable

resources. Goal 3: Maintain and enhance high-quality city services.\r\nEstimated

Cost: $50 Recording Fee\r\nBudgeted? ___x_ Yes\r\n ____ No\r\nOther ____ Yes\r\nFunding?

____ No\r\nIf “Other Funding,” please explain how the item will be funded:\r\nExecutive

Summary:\r\nThe City requested the attached “City Utility Easement Agreement” from

the Geneva\r\nPark District (owner of Wheeler Park) to cover a portion of the Route

31 Watermain\r\nExtension that is on Park District property. The agreement was prepared

by Chuck\r\nRadovich and it was approved by the Geneva Park District on February

16, 2016 before\r\nthe construction on the Route 31 Watermain Extension commenced.

Staff has waited\r\nuntil after the completion of the watermain installation, and

the project surveyor has\r\nconfirmed the as-built watermain location, before recommending

the City Council\r\nauthorization to execute the same agreement. There are no major

deviations from the\r\nproposed watermain alignment.\r\nAttachments: (please list)\r\n•

Geneva Park District executed City Utility Easement Agreement\r\n• Resolution\r\nRecommendation

/ Suggested Action: (how item should be listed on agenda)\r\nStaff recommends that

City Council authorize the Mayor and City Clerk to execute the\r\nattached City

Utility Easement Agreement, and record the executed Agreement.\r\n5151\r\n5252\r\n5353\r\n5454\r\n5555\r\n5656\r\n5757\r\n5858\r\n5959\r\n6060\r\n6161\r\n6262\r\n6363\r\n6464\r\n6565\r\n6666\r\n6767\r\nRESOLUTION

NO. 2016-52\r\nRESOLUTION AUTHORIZING EXECUTION OF\r\nCITY UTILITY EASEMENT AGREEMENTWITH THE GENEVA PARK DISTRICT FOR\r\nA NEW WATERMAIN IN WHEELER PARK\r\n(ROUTE 31WATERMAIN EXTENSION)\r\nBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA,

KANE\r\nCOUNTY, ILLINOIS, as follows:\r\nSECTION 1: That the Mayor and City Clerk

are hereby authorized to execute, on behalf\r\nof the City of Geneva, the “City

Utility Easement Agreement” (prepared by City Attorney Charles\r\nRadovich) with

the Geneva Park District for a new watermain in Wheeler Park (Route 31 Watermain\r\nExtension)a copy of which is attached hereto.\r\nSECTION 2: This Resolution shall become effectivefrom and after its passage as in\r\naccordance with law.\r\nPASSED by the City Council

of the City of Geneva, Kane County, Illinois, this 20th day of\r\nJune, 2016.\r\nAYES:

__ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __\r\nApproved by me this

____ day of __________, 2016.\r\nMayor\r\nATTEST:\r\nCity Clerk\r\n6868\r\nAGENDA

ITEM EXECUTIVE SUMMARY\r\nAgenda Item: Declare Surplus Vehicles and equipment\r\nPresenter

& Title:\r\nNate Landers Superintendent of Streets, Fleets, and Facilities\r\nBob

VanGyseghem, Superintendent of Water and Wastewater\r\nHal Wright, Superintendent

of Electric Services\r\nDate: June 13, 2016\r\nPlease Check Appropriate Box:\r\nx

Committee of the Whole Meeting Special Committee of the Whole Meeting\r\nx City

Council Meeting Special City Council Meeting\r\nPublic Hearing Other -\r\nAssociated

Strategic Plan Goal/Objective: Vision 5 Goal G\r\nEstimated Cost: $\r\nBudgeted?

____ Yes\r\n ____ No\r\nOther ____ Yes\r\nFunding? ____ No\r\nIf “Other Funding,”

please explain how the item will be funded:\r\nExecutive Summary:\r\nDue to mowing

being handled by a contractor staff would like to declare 2 toro zero turn\r\nmowers,

one toro riding lawn mower, and a Massey Ferguson tractor with brush mower\r\nas

surplus equipment. Also included in this are the newspaper distribution boxes that

were\r\nremoved from the corner or 3rd and State. Staff would also like to recommend

declaring a\r\nJohn Deere snow bucket, two fixed right angle snowplows, and truck

450 with plow as\r\nsurplus.\r\nThe Water & Sewer Department purchased a replacement

trailer for the 2003 United\r\nExpress trailer in 2015. The Geneva City Council

needs to declare the 2003 trailer (G-\r\n131) as surplus so it can be sold.\r\nThe

Electric Division purchased a replacement Rear Lot Pole Digger (Mini Derrick) and\r\ntrailer

in 2015-16. The new unit has been received and is in service. The Geneva City\r\nCouncil

needs to declare the 1997 Pittman Pole Digger (G-141) and associated trailer (G-\r\n19)

as surplus so they can be sold.\r\nAttachments: (please list)\r\n• Resolution\r\nRecommendation

/ Suggested Action: (how item should be listed on agenda)\r\nStaff recommends declaring

these vehicles and equipment as surplus.\r\n6969\r\nRESOLUTION NO. 2016-53\r\nRESOLUTION

AUTHORIZING EXECUTION OF\r\nSurplus declaration of Miscellaneous Street and WaterDepartment Equipment\r\nBE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA,KANE\r\nCOUNTY, ILLINOIS, as follows:\r\nSECTION 1: That the City Administratoris hereby authorized to execute, on behalf of\r\nthe City of Geneva, the declarationof surplus, in the form attached hereto, relating to the\r\nmiscellaneous street

and water department equipment.\r\nSECTION 2: This Resolution shall become effective

from and after its passage as in\r\naccordance with law.\r\nPASSED by the City Council

of the City of Geneva, Kane County, Illinois, this ____ day of\r\n_________, 201_\r\nAYES:

__ NAYS: __ ABSENT: __ ABSTAINING: __ HOLDING OFFICE: __\r\nApproved by me this

____ day of __________, 201_.\r\nMayor\r\nATTEST:\r\nCity Clerk\r\n7070\r\nAGENDA

ITEM EXECUTIVE SUMMARY\r\nAgenda Item: Cemetery Services Contract\r\nPresenter &

Title: Nate Landers Superintendent of Streets, Fleets, and Facilities\r\nDate: 6/13/16\r\nPlease

Check Appropriate Box:\r\nx Committee of the Whole Meeting Special Committee of

the Whole Meeting\r\nx City Council Meeting Special City Council Meeting\r\nPublic

Hearing Other -\r\nAssociated Strategic Plan Goal/Objective:\r\nVision 5 Goal L\r\nEstimated

Cost: $700 for burial/$300\r\nCremains\r\nBudgeted? __x__ Yes\r\n ____ No\r\nOther

____ Yes\r\nFunding? ____ No\r\nIf “Other Funding,” please explain how the item

will be funded:\r\nExecutive Summary:\r\nThis is the contract for burial services

for the Oak Hill and West Side Cemeteries. We\r\nhave hired out for burial services

for the past 4 years and it has really worked well. This\r\ncontract would be for

2016-2017 with no increase for 2017-2018. There was only one\r\nbidder for this

portion of the contract, Professional Cemetery Services, however it was\r\nthe same

contractor that is currently under contract and they kept the prices the same for\r\ncremains

and raised the price for adult burials by $100.\r\nAttachments: (please list)\r\n•

Resolution\r\n• Proposal\r\n• Bid Summary\r\nRecommendation / Suggested Action:

(how item should be listed on agenda)\r\nStaff respectfully recommends awarding

the 2016-2017 and 2017-2018 Cemetery Burial\r\nServices contract to Professional

Cemetery Services with prices summarized on the\r\nattached sheet at the February

3, 2014 City Council meeting.\r\n7171\r\n7272\r\n7373\r\n7474\r\n7575\r\n7676\r\n7777\r\n7878\r\n7979\r\n8080\r\n8181\r\n8282\r\nPage

____of____\r\nCity of Geneva\r\nSummary of Bids\r\nName of Project: Cemetery Services

Recorded By: Nate Landers\r\nOpened By: Rita Kruse Date/Time: 5/26/2016 10:00\r\nApproved

Engineer Estimate/ Budget :\r\n CONTRACTOR NAME BID PRICE BID BOND %\r\nOF PRICE\r\n

TYPE OF PAYMENT FOR\r\nBID BOND REMARKS ADDENDUM\r\nProfessional Cemetery Services\r\n$700

Burials/$600\r\nCremains\r\nPrices increase $50 on Saturday\r\n8383\r\nRESOLUTION

NO. 2016-54\r\nRESOLUTION AUTHORIZING EXECUTION OF\r\nCemetery Services Contract\r\nBE

IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GENEVA, KANE\r\nCOUNTY, ILLINOIS,

as follows:\r\nSECTION 1: That the City Administrator is hereby authorized to execute,

on behalf of\r\nthe City of Geneva, the declaration of cemetery services contract,

in the form attached hereto as\r\nproposal, relating to the cemetery service burials.\r\nSECTION

2: This Resolution shall become effective from and after its passage as in\r\naccordance

with law.\r\nPASSED by the City Council of the City of Geneva, Kane County, Illinois,

this ____ day of\r\n_________, 201_\r\nAYES: __ NAYS: __ ABSENT: __ ABSTAINING:

__ HOLDING OFFICE: __\r\nApproved by me this ____ day of __________, 201_.\r\nMayor\r\nATTEST:\r\nCity

Clerk\r\n8484\r\nAGENDA ITEM EXECUTIVE SUMMARY\r\nAgenda Item: 2016 STREET IMPROVEMENTS\r\nPresenter

& Title: Brian L. Schiber, P.E.\r\nCity Engineer/Assistant Director of Public Works\r\nDate:

June 20, 2016\r\nPlease Check Appropriate Box:\r\nX Committee of the Whole Meeting

Special Committee of the Whole Meeting\r\nX City Council Meeting Special City Council

Meeting\r\nPublic Hearing Other -\r\nAssociated Strategic Plan Goal/Objective: Plan

Vison 5, Goal I\r\nEstimated Cost: $ 3,025,964.50\r\nBudgeted? _X_ Yes\r\n ____

No\r\nOther ____ Yes\r\nFunding? ____ No\r\nIf “Other Funding,” please ex

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