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City Council Minutes 1996 03-28-96 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS HELD AT THE KENDALL COUNTY BOARD ROOM ON Thursday, March 28 , 1996 Mayor Johnson called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance. Clerk Allison called the role: ROLL CALL Ward I Callmer Present Spang Present Ward II Baker Present Lynch Present Ward III Jones Present Prochaska Present (Arrived 7: 47) Ward IV Sowinski Present Stafford Present (Arrived 7:08) A quorum was established. QUORUM INTRODUCTION OF GUESTS Mayor Johnson welcomed those present and asked them to please sign in on the sign-in sheet provided. AMENDMENTS TO THE AGENDA Mayor Johnson will move the Riverfront Donations before Public Hearings on the agenda. PC96-5 has been tabled under the Public Hearings and Plan Commission report. Health Insurance Plan has been tabled under the Administration Committee Report. MEETING DATES The council reviewed the listing of committee meetings. All Committee meetings will be held as listed. RIVERFRONT DONATIONS Mayor Johnson and Alderman Jones accepted donations on behalf of the Riverfront Committee. Mike Wheeler of Oswego Excavating has donated excavating services and a cash donation was presented by Dennis Dwyer of the Country Hills Subdivision. PUBLIC HEARINGS A motion was made by Alderman Baker and seconded by Alderman Spang to move into Public Hearing at 7:08 p.m. . Clerk Allison called the role: Jones - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Stafford - present Sowinski - aye Motion carried. Alderman Baker stated that the first item for Public Hearing was on SRB (Sign Review Board) 96-1. A request for variance to the Sign Ordinance, Article IV-C, Permitted Signs. They are requesting the erection of a permanent sign off premises on Burger King's property. The applicant is Kishorbhai D. Patel, d/b/a Super 8 Motel. Gary Rice of the Sign Board informed the council that the Board voted in favor of this request. This sign will be directing people to the motel and it does fit in with the area. Sign Review Board recommends approval. Alderman Stafford stated that he appreciated being able to read the minutes of the Sign Committee and feels that this Board was a good idea for the City. City Council Regular Session - March 28, 1996 - page 2 There being no further comments on this issue, Alderman Baker moved the Public Hearing to item PC96-4. This is a request to rezone from 0-office to R-2 Duplex. Property is located at the southwest corner of John St. and Cannonball Trail. The petitioner is John G. Conover and the owner of the property is Merchants National Bank of Aurora, Trust No. 2175. Attorney Tom Grant spoke on behalf of this request. He has indicated that the ownership of the property has changed from a trust to the individuals involved. The petitioner feels that they do not see any need for this being zoned office since there is a lot of property in the area that has office zoning. Mr. Gary Conover indicated to the council that this property was platted as part of the link to the Fox Hill Subdivision. There are 40+ acres zoned office. They feel that the R-2 Duplex will better fit in with the area around it. It was noted that a letter has been received from Sheriff Richard Randall concerning the rezoning request. Mayor Johnson asked how close this property will be to the animal shelter. This property will back up to the animal shelter. Attorney Kramer indicated that the plat could include the "farm language" needed to notify potential buyers of the animal shelter's location. Attorney Grant indicated that this would be included on the plat. Alderman Sowinski asked about expansion of the government center. It was noted that there is a large amount of land that could be utilized to expand this facility. Alderman Callmer stated that in lieu of this letter he feels uncomfortable with this matter and would like to ask that the Sheriff be invited to attend the COW meeting next week so that these concerns indicated in the letter can be addressed. Vote could then be brought up in two weeks. Attorney Grant stated that he was surprised by this letter but that two weeks would not matter to their request. Mayor Johnson indicated that this letter was received Tuesday of this week and was then distributed to the council members. A motion was made by Alderman Baker and seconded by Alderman Spang to move out of Public Hearing into regular session at 7:20 p.m. Clerk Allison called the role: Stafford - aye Sowinski - aye Baker - aye Lynch - aye Jones - aye Spang - aye Callmer - aye Motion carried. PLAN COMMISSION / ZONING BOARD OF APPEALS SRB 96-1 Super 8 Motel Alderman Baker stated that the first item on the agenda was SRB 96- 1 regarding the request for a variance to the Sign Ordinance, Article IV-C, Permitted Signs. A motion was made by Alderman Baker and seconded by Alderman Jones to approve the sign variance request for Mr. Patel and the Super 8 Motel. Clerk Allison called the role: Stafford - aye Sowinski - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Motion carried. City Council Regular Session - March 28, 1996 - page 3 PC 94-9 Greenbriar / Wehrli Alderman Baker stated the next item on the agenda was OSNB Trust #5358 / Wehrli -- Greenbriar Subdivision PUD Agreement. Alderman Baker indicated that the updated agreements were distributed by Monday and that all issues discussed at the last COW meeting were addressed. Alderman Spang read a statement (copy attached) to the Council concerning the Greenbriar Subdivision and why he believes the PUD Agreement should not be voted on tonight. Alderman Stafford asked why these questions were not addressed in committee. Alderman Spang stated that he has questioned these items in Committee. He is asking that this issue be tabled until these items are addressed. Alderman Jones asked if the changes requested by council are included in the agreement. It was noted that they were. Attorney Kramer indicated that the council is required to make sure that the plan conforms to the preliminary plat approved by Council previously. He also indicated that the PUD Agreement requires the developer to conform to the existing land cash ordinances. Attorney Kramer addressed an issue discussed in Alderman Spang's statement regarding corner lots being non-conforming. He stated that this does not refer to the outside of the corner lot. Alderman Jones asked a question regarding page 8 item 5, payment due to the City. Attorney Kramer indicated that Bill Schmanski is working on this issue and that the payment will be made according to the city terms where certain payments are due upon completion of steps in the development. The developers Letter of Credit is on file for the first unit. Alderman Sowinski addressed the issue of the lake and the depth indicated in Alderman Spang's statement. Attorney Kramer responded that the lake is required to have a safety shelf by Federal Law. This is where the lake will be 2-1/2 feet deep for several feet out into the lake until it can drop to the depth. This has been viewed by the City crews as well . Also discussed was the park contribution. Alderman Callmer indicated that there has been some sacrifice of space. Alderman Baker agreed indicating that some space had to be sacrificed but this actually improved the lot sizes from the original plans. Also discussed were the roads in the development. Alderman Callmer asked about the city's liability regarding the roads due to the previously platted subdivision (Williamsport) where the lines will not meet up with the roads in Greenbriar. Attorney Kramer indicated that the city contacted the owner of the platted subdivision and that he responded with a letter. While the city cannot make him change the plat which has already been approved, the City can demonstrate to him that the changes being made will only require him to move a few lots and the detention pond around. He does not make him lose any number of lots in the subdivision. Also discussed was the road issue. It was noted that the City does not have to accept any road which does not conform to its requirements. Greenbriar has brought up their road requirements so that the City can accept them. Greenbriar's changes in the detention pond etc will ultimately improve the water drainage into the Williamsport subdivision. Attorney Kramer again indicated that the final plat must conform with the preliminary plat which is already on file. Alderman Spang asked about the PUD Agreement and its terminology on approval of the entire subdivision. City Council Regular Session - March 28, 1996 - page 4 Attorney Kramer again stated that the council must be sure that the final plat conforms with the preliminary plat already on file. The preliminary plat is what everything is to be designed after. Also discussing the roads, Attorney Kramer indicated that the developer has voluntarily upgraded the roads so that they can be accepted into the city. Alderman Spang asked about the owner of the Williamsport Subdivision and the need to amend his plat and any possible fees which could be imposed. Attorney Kramer indicated that the owner does not have to amend his plat and therefore the city would most likely allow this to be done without imposing additional fees. Attorney Kramer indicated that the city would agree to re-align the streets etc without any fees. J.T.Johnson indicated that the roads in the subdivision have been brought up to full city standards and that this has been approved by Bill Schmanski. A motion was made by Alderman Baker and seconded by Alderman Sowinski on PC 94-9 to approve the Greenbriar Subdivision PUD Agreement dated March 22, 1996. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Stafford - aye Sowinski - aye Spang - nay Baker - aye Motion carried 6-1 . PC 96-4 -- Conover A motion was made by Alderman Callmer and seconded by Alderman Sowinski to table this issue for two weeks to allow discussion with the attorney and request Sheriff Randall to attend the next COW meeting to discuss this issue. Clerk Allison called the role: Lynch - aye Stafford - aye Jones - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Sowinski - aye Motion carried. This issue will be discussed at the next COW meeting and will be brought up for vote at the next Council session on April 11 , 1996. The council feels it is prudent to handle this issue this way due to the receipt of the letter from Sheriff Randall. PC 96-6 Kendall Co Forest Preserve Alderman Baker indicated that the next issue regards the site location for the kendall county fair. The council has previously reviewed the layout of the land. A motion was made by Alderman Baker and seconded by Alderman Prochaska to approve the application of Kendall County Forest Preserve for rezoning from A-1 to A-i Special use for Fairgrounds on property located on Route 71 and Highpoint Road. Clerk Allison called the role: Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Prochaska - aye Stafford - aye Sowinski - aye Motion carried. Alderman Spang stated that it is enjoyable to see the fair growing in Kendall County. City Council Regular Session - March 28, 1996 - page 5 Citizen Comments Mayor Johnson asked for any citizen's comments from those present. MINUTES APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Baker to accept the regular City Council minutes dated March 14, 1996 as presented. Motion carried. BILLS APPROVAL A motion was made by Alderman Prochaska and seconded by Alderman Sowinski to approve and pay bills dated March 28, 1996 in the amount of $312, 285. 30 vendor, $47, 379.95 payroll for a total of $359,665.25. Clerk Allison called the role on the amended motion. Baker - present Lynch - aye Jones - aye Prochaska - aye Stafford - aye Sowinski - aye Spang - aye Callmer - aye Motion carried. ATTORNEY'S REPORT Attorney Kramer indicated that Paul Metzger has agreed to complete an appraisal on the city's two lots at a cost of $250. Janet Doll is currently out of town and is unable to do the appraisals. These will be reviewed at the COW meeting when received. MAYOR'S REPORT Mayor Johnson announced his appointment of Julie Bromann to the Park Board. A motion was made by Alderman Prochaska and seconded by Alderman Spang to confirm the Mayor's recommendation of Julie Bromann to the Park Board. Clerk Allison called the role: Jones - aye Prochaska - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Stafford - aye Sowinski - aye Motion carried. Mayor Johnson stated that the MFT 1994 Audit was discussed at the last COW meeting. A copy of this will be filed in the city files. A motion was made by Alderman Prochaska and seconded by Alderman Stafford to approve the audit by the Illinois Department of Transportation of 1994 MFT Funds. Motion carried. CITY CLERK'S REPORT No Report CITY TREASURER'S REPORT No Report CITY ADMINISTRATOR REPORT No Report Economic Development Commission Report The next meeting is April 9 , 1996 at 7:00 p.m. in the Kendall County Board Room. Kendall County Governmental League Report No Report School Community Report Alderman Jones informed the council that next meeting will be April 22, 1996 at 7: 30 p.m. in the district offices. Alderman Jones also indicated that special work sessions have been set up from March 28 - April 11th to discussion with the architects of the school. She also informed the council that the School Board has asked her to notify the council of their concerns with growth in the area. Old Business No Report New Business No Report 1 r City Council Regular Session - March 28 . 1996 - page 6 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE Alderman Stafford informed the council that the Public Works Committee meetings will now be held regularly on the first and third Monday's of each month. Also, all council members are asked to notify a member of Public Works if any pot holes are noticed. ECONOMIC DEVELOPMENT COMMITTEE No Report PUBLIC SAFETY COMMITTEE No Report ADMINISTRATION COMMITTEE No Report ADDITIONAL BUSINESS A motion was made by Alderman Spang and seconded by Alderman Callmer to move into Executive Session to discuss employee hiring, firing, compensation, discipline and performance/collective bargaining at 8:00 p.m. with the session to include Attorney Kramer. Clerk Allison called the role: Prochaska - aye Stafford - aye Sowinski - aye Spang - aye Callmer - aye Baker - aye Lynch - aye Jones - aye Motion carried. *** A 10 minutes recess will be held before entering executive session.*** A motion was made by Alderman Baker and seconded by Alderman Lynch to move out of executive session and into regular council session at 8: 39 p.m. Clerk Allison called the role: Callmer - aye Lynch - aye Jones - aye Prochaska - aye Stafford - aye Sowinski - aye Spang - aye Baker - aye Motion carried. THERE WAS NO FORMAL ACTION TAKEN WHILE IN EXECUTIVE SESSION. The executive session minutes will be available for review at 6: 30 p.m. prior to the April 11th council meeting. ADJOURNMENT A motion was made by Alderman Baker and seconded by Alderman Prochaska to adjourn the meeting at 8:40 p.m. Motion c ied. By: , - C Jacque 'n 11ison - City Clerk ,),149)--Lu L-L6 CA:CL:), Lo--1A/K,QA /2-g /5 (0 tJ n;Le. A d cL_ 6—,e9R/y. g( ce 4/ PA 7 C1--- YO Q K✓r t hr��� V 0 r\v , • • • • • Greenbriar 3/28/96 Before this vote I would like to review for the council the following facts: 1.) 30 of the 147 R-2 lots in this subdivision are undersize by our own ordinance. Smaller than the R-2 requirement of 12,000 square feet. 2.) 21 of the 147 R-2 lots in this subdivision are narrower at the building setback line than the R-2 requirement of 80' in our own ordinance. 3.) This does not count the 23 cul-de-sac lots that are also narrow at the street due to the pie shape of the lot. 4.) Fully 1/3 of the lots in this subdivision, 49 of the 147 R-2 lots ,do not conform to our own ordinance. Our zoning regulations were adopted and are continually revised to maintain the quality of life and suburban atmosphere we have come to enjoy. To accept these reductions would continue to erode those values. 5.) The land being dedicated for a park is approximately 3/4 of an acre. It is centered on the low end of a drainage easement. I've been told this land will be raised to the level of the surrounding lots and then drop off 3 feet to the drainage easement. 3/4 of an acre is only large enough for a playground area. The type of play area normally inhabited by small children. This play area is immediately adjacent to a 1 acre pond that is reported to be 10 feet deep. It is my opinion that this represents an unreasonable risk to our children. 6.) The land dedication requirement for a development of this 80 acre size should be nearly 6 acres. This P.U.D. states that 1.86 acres will be dedicated with the remaining requirement satisfied with a cash equivalent. Land is a limited commodity, especially public park land. Anyone living on the south end of this town knows this all to well. Our budget is strapped for cash. It always is. I feel the direction of this council should be to acquire as much land for public use as the laws allow. Dollars can be raised in many ways to improve the land at any time. If there is no land to improve, the issue is moot. 7.) This P.U.D. further amends our zoning ordinance, allowing side yards to be reduced on corner lots to 8'. Our current ordinance requires 30' side yards on corner lots. This standard allows for sufficient traffic sight lines to avoid blind corners. In addition, this P.U.D. allows lot widths to be maintained at 75 feet instead of the R-2 requirement of 80'. • • • 8.) This subdivision abuts another subdivision to the north that was Final Platted over 20 years ago. That subdivision is also not an ideal design. However, it was there first. That developer already has the permission to build over 90 lots of approximately 9,000 square feet. That developer already has the permission to put in roads. Roads that at this juncture will not line up with this subdivision in any fashion. I believe it would be a mistake to Final Plat this subdivision without first resolving the road alignment in these two subdivisions. 9.) I've been told that because a previous council approved the preliminary plat of this subdivision, that I, too, must approve this Final Plat. I cannot, in good conscience, support this Final Plat simply because my predecessors made an error. As you review these facts, I trust you will arrive at the same conclusion. Respectfully, Jeff Spang, Alderman, Ward 1 e f < FFL t NEPIF i 1102 CORNELL LANE KENDALL COUNTY 708-553-7500 YORKVILLE, IL 60560-9597 Ext. 711 MARCH 26 , 1996 MAYOR ROBERT JOHNSON CITY OF YORKVILLE 111 W. FOX ST. YORKVILLE, IL. 60560 MAYOR JOHNSON, I HAVE BEEN INFORMED OF THE FOLLOWING REQUEST FOR REZONING AT THE SOUTHWEST CORNER OF JOHN AND CANNONBALL TRAIL: BLOCK 5 OF CIMARRON RIDGE, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 29 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 21,991 AS DOCUMENT NO . 91-3284 IN THE CITY OF YORKVILLE, KENDALL CO. AS SHERIFF OF KENDALL COUNTY, I OBJECT TO THIS CHANGE FROM OFFICE TO R-2 DUPLEX (ONLY A COUPLE HUNDRED FEET) FROM THE K.C. ANIMAL CONTROL BUILDING AND THE K.C. PUBLIC SAFETY CENTER, FOR THE FOLLOWING REASONS: 1) NOISE FROM BOTH FACILITIES 2) POTENTIAL VICIOUS ANIMALS ESCAPING/LOOSE 3) POTENTIAL ESCAPEES FROM P.S.C. 4) USE OF TEAR GAS IN QUELLING SITUATIONS 5) EMERGENCY VEHICLES COMING & GOING 6) SECURITY OF EMPLOYEE, EMERGENCY VEHICLES & STORED EVIDENCE 7) VOLUME INCREASING OF INDIVIDUALS WITH ANTI-SOCIAL BEHAVIOR, COMING & GOING FROM P.S.C. AND SOON TO BE OPENED (UNDER CONSTRUCTION) COURT SYSTEM. 8) FUTURE EXPANSION OF THE GOVERNMENT CENTER, GENERATING EVEN . MORE TRAFFIC AND EXPOSURE FOR INCIDENTS. 9 ) HOUSING IN LIEU OF BUSINESS, GENERATES A 24HR. PER DAY EXPOSURE SITUATION AND MORE DENSITY, THAT THE PROXIMITY MAY CAUSE ADDITIONAL PROBLEMS. DUE TO THE CONCERNS LISTED ABOVE BY MY STAFF, THE COUNTY BOARD AND MYSELF, I REQUEST THAT THE CITY OF YORKVILLE DENY THE REQUEST FOR R-2 DUPLEX ZONING FOR THIS PROPERTY. THE ORIGINAL PLAN AGREED UPON IN 1991 ADDRESSED THE CONCERNS THAT HAVE BEEN LISTED ABOVE. ANY VARIANCE FROM THAT PLAN, I WOULD FIND INAPPROPRIATE. THANK YOU FOR YOUR CONSIDERATION. SINGLY, RICHA',� 'A. RANDALL r KENDALL COUNTY SHERIFF 4 1 STATE OF ILLINOIS ) 3/22/96 COUNTY OF KENDALL ) OLD SECOND NATIONAL BANK OF AURORA AS TRUSTEE UNDER TRUST #5358 UNITED CITY OF THE VILLAGE OF YORKVILLE ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT FOR GREENBRIAR SUBDIVISION NOW COMES DEVELOPER, OLD SECOND NATIONAL BANK OF AURORA, as Trustee under Trust #5358 owner of Record of certain real property described in the attached Exhibit "A" and the United City of the Village of Yorkville, an Illinois Municipality who do hereby enter into this Annexation and Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning, Zoning Ordinance and drawings submitted therewith including the approved Preliminary Plat of Subdivision and proposed Final Plat of Subdivision to be approved by the City Council of the United City of the Village of Yorkville upon the following terms and conditions and in consideration of the various agreements made between the parties agree as follows: 1. WHEREAS, each party agrees that it is in the best interest of the owner and the City to annex and develop the subject real property described in the attached Exhibit "A" as a Planned Unit development establishing an unique open space character with green areas in excess of those required pursuant to City Ordinances; and to provide for the orderly flow of traffic in of the development and to 1 adjoining real property; and 2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the Developer and owner to provide for specific performance standards in the development of the subject property; and 3. WHEREAS, each party agrees that a substantial impact will be had on the services of the United City of the Village of Yorkville and the Yorkville School District by developing said real property; and 4. WHEREAS, the Developer has agreed to perform certain conditions substantially above those requirements made by the United City of the Village of Yorkville. NOW THEREFORE, the parties agree as follows: A. The subject property shall be annexed to the United City of the Village of Yorkville and zoned in conformance with each block of zoning set out in the attached Preliminary Plat as Exhibit "B" providing for R-2 Single-Family Residential District and R-2 Duplex Residential District, and shall be developed in general conformance with the approved Preliminary Plat of Subdivision attached as Exhibit "B" and incorporated herein by reference. 2 B. That single family areas of the development shall be governed by the following standards: 1) Lot sizes shall be as set out and calculated on the approved Preliminary Plat of Subdivision. 2) Side yards at front building setback line of not less than 10% of lot frontage, or 8' on lots on radius of cul-de-sacs and corner lots. 3) Lot width at building setback lines of at least a minimum of 75 feet on lots which are on the radius of cul-de-sacs or corner lots. 4) Each residential lot shall abut a front sidewalk. C. That the Developer shall dedicate to the United City of the Village of Yorkville for park purposes a parcel of real property as designated on the attached Preliminary Plat attached as Exhibit "B" and dated May 10, 1994, which is in conformance with the United City of the Village of Yorkville Land/Cash Ordinance. The acreage and limits of this area shall be as agreed to by the Yorkville Park Board. All areas dedicated for parks shall be final graded and seeded by Petitioner, and shall contain 100% useable land exclusive of detention areas above the twenty-five year flood limit as has previously been determined by the City Engineer. As to the first phase Final Plat, Developer agrees to pay all cash as the contribution, but to deed ownership of the park area to the United City of the Village of Yorkville as soon as the park area is seeded and has been mowed a total of three times. Said Deed and conveyance shall be made regardless 3 of whether any additional Final Plats have been recorded. D. That the Developer shall contribute to the Yorkville School District cash contributions in lieu of land contributions in conformance with the City of Yorkville Land/Cash Ordinance in effect at the date of approval of Preliminary Plat, and application for approval of Final Plat of the first phase of said subdivision. The remaining units of said subdivision shall be calculated for Land- Cash purposes in effect at the time application for Final Plat approval is sought and paid for in the manner directed by the City Ordinances then in effect. E. That the development of the property shall be subject to Preliminary Plat, Engineering approval by City Staff, or outside Review Engineering as elected by the City, and Final Plat approval by the City Council in conformance with the City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City reimbursement of Review Ordinance, City Land-Cash Ordinance, City storm Water Control Ordinance, City-School Transition Fee, City Development Fee and Infra-Structure Ordinances which have been voluntarily contracted and agreed to by the Petitioner-Developer as a condition of approval of the Planned Unit Development Agreement. Developer except to the extent varied by this Agreement shall comply with all setback requirements, including side-yard requirements as set out in the City Ordinance except where varied in Section B(2) above of this Agreement, minimum lot sizes and fri conformance to those 4 requirements set out in the United City of the Village of Yorkville's Zoning Ordinance at the time commencement of construction is initiated. No change in City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City reimbursement of Review Ordinance, City Land-Cash Ordinance, City Storm Water Control Ordinance, City-School Transition Fee, City Development Fee and Infra-Structure Ordinances enacted subsequent to the execution of this Agreement shall alter minimum lot sizes, setbacks, performance standards on this development. Developers will be bound by any subsequent changes in BOCA building codes, building material changes and the like that may be enacted by the City, so long as the same are applied in a non-discriminatory manner throughout the City. F. That the developer has constructed the base, and all underground improvements for a Thirty Nine Foot (39') Blacktop Road, known as Greenbriar Drive. Developer shall be responsible for providing total installation of curbs and two lifts of blacktop in conformance with City standards for completion of said roadway, and as part of this Planned Unit Development Agreement has submitted a Irrevocable Letter of Credit from Yorkville National Bank to the City of Yorkville. Developer shall be permitted to recapture the cost of the increased off- site improvement for roadway and off-site water extension pursuant to a resolution setting forth the amounts and method of recapture to be passed by the City Council. • 5 G. That no fencing or buildings shall be permitted on any bermed or detention area in said Subdivision by Developer or any owner. Homeowners may plant shrubbery, flowers or trees in bermed areas. H. That no homeowner, or their agent, or employee shall alter in any fashion, any berming, landscape setback, or a tree line of twenty feet in depth along the entire perimeter of the entire property contained in said subdivision, except where the same has been altered during the construction process for the installation of Greenbriar Road, and City Sanitary Sewer and Water to service the subject property and other adjoining owners, the intent being the intent treeline and buffering areas shall serve as a natural screening for said subdivision. Dead trees, dead branches, or noxious plants and weeds may be removed. Developer shall by Unit submit a mass-grading plan to the City Engineer for each Unit at the time Engineering approval is sought. Each individual lot owner shall be responsible to maintain all berming, set-back area, or detention area located within the property boundaries of any individual lot within said Development. J. That Developer shall pay to the United City of the Village of Yorkville, a Development fee of$1,150.00 per Residential Dwelling Unit, for each Residential Dwelling Unit built in said subdivision to the United City of the Village of 6 Yorkville; and $1,500.00 for each residential Dwelling Unit to the Yorkville Community School District 115 in conformance with City Ordinances. The payment of said transition fees and development fees and shall be made upon The recording of a Final Plat of Subdivision for each respective phase or unit of said subdivision. Said fees are being paid voluntarily and with the consent of owner and Developer based upon this contractual agreement which shall be executed by the United City of the Village of Yorkville and Developer at the time of approval of the Final Plat. K.. State Route 47 access for said subdivision and improvements shall be constructed at expense of developer and in conformance with Engineering Drawings submitted by Developer which shall be approved by Illinois Department of Transportation and the City Engineer. L. (1) Petitioners and City agree that in order to secure the development of the subject property, easements are necessary to be acquired by Developers off-site of the subject property for dedication to the United City of the Village of Yorkville. The City shall use its best efforts toward the acquisition of said easements. (2) Easement Development shall be at the sole cost and expense of Developer. It shall submit plats of dedication for utility easements in the format and over locations accessible for reasonable extension of utilities to be 7 approved by the City Engineer. (3) Installation of all on-site utility improvements, and extension of off-site utilities shall be at the sole expense of the Developer. (4) The City agrees to negotiate with Developer the passage of a Recapture Ordinance for any off-site improvements, or on-site improvements benefitting future developers contiguous or within a reasonable service area of the subject parcel. Any Recapture shall be done by Ordinance/Resolution after the City has reviewed Engineers drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of Improvements submitted by Developer, and approved by a majority vote of the City Council. (5) Developer acknowledges that it has been informed that some Recapture is due to the City of Yorkville for the previous extension of a sanitary sewer to the subject site. The exact amount of said Recapture shall be calculated and paid to the City at the time the first final plat of any unit of the subdivision is approved by the City. (6) Developer shall provide that all Duplexes shall contain a front exterior of at least one-half brick or other masonry product to insure quality of development. (7) Developer further agrees that all Duplexes shall contain a two (2) car attached garage. 8 M. The Planned United Development being approved as part of this Agreement shall be constructed in substantial conformance with the Preliminary Plat attached hereto and incorporated herein as Exhibit "B". Deviations from that Agreement shall be allowed only if approved by majority vote of the City Council. N. This agreement shall be binding upon the successors, heirs, and assigns of each party hereto. O. If any portion of this agreement were determined to be invalid the remaining portions thereof shall be in full force and effect between Developer/owner(s) and the City. P. This agreement shall be binding upon each party hereto in terms of performance for a period of fifteen years. In the event construction is commenced within said fifteen year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the City and Developer-Owner. IN WITNESS WHE F the undersigned parties have executed this agreement this ) day of V/ 1996. 9 UNITED CITY OF THE VILLAGE OF OLD SECOND NATIONAL BANK OF AURORA YORK �' L as Trustee - • - Trust #53 : d BY: L`i _ _ . • . If42 MAYOR TRUST OF. ER aTTE TEST: IT CLERK Land Trust Adm1rtxstra±. This instrument is eiecrted by THE OLD n?CO'<.rL NATIONAL,EALY_{c _ rcr2 ;i not perrnr._'1v but solely as T:�staa, i�t: CO_Uit1O�S t0 -' COY^L? 3 and RON WEH.LI F:^cc��' zo:?:,s. _.`_ .+= :�::,, _d .o it T.r oz..)��.r..�'. �__. .. 1 1._ .:��..A._.^.�V C;:±SI of •the coy - i; rs_cscaccLay In the e.... ;itztarzszLs :c .� n. In:tr.:mcnt. Prepared by: The United City.of the Village of Yorkville Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 (708) 553-9500 • 10