City Council Packet 2012 10-23-12
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Tuesday, October 23, 2012
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Carlo Colosimo Jackie Milschewski Marty Munns Rose Ann Spears
Ken Koch Larry Kot Chris Funkhouser Diane Teeling
Establishment of Quorum:
Amendments to Agenda:
Presentations:
Public Hearings:
Citizen Comments on Agenda Items:
Consent Agenda:
1. CC 2012-74 Bills for Payment - $839,564.32
2. PS 2012-27 Ordinance Amending the Code of Ordinances Providing for Liquor Control (Number of
Class A Licenses) – authorize Mayor and City Clerk to execute
3. CC 2012-72 Resolution Approving a Revised Policy for Athletic Field Use Policies and Procedures –
authorize Mayor and City Clerk to execute
4. PW 2012-58 Water Department Reports for July & August 2012
5. PW 2012-59 Resolution Endorsing Implementation of the Lower Fox River Land Conservation Project
Plan – authorize Mayor and City Clerk to execute
6. PW 2012-60 MFT Resolution for Salt Storage – authorize City Clerk to execute
Minutes for Approval:
1. CC 2012-75 Minutes of the City Council – September 25, 2012
2. CC 2012-76 Minutes of the City Council – October 9, 2012
Mayor’s Report:
1. CC 2012-77 Appointment to Park Board – Matthew Konecki
2. CC 2012-78 Annual Treasurer’s Report
3. CC 2012-79 Tax Levy Estimate
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
City Council Agenda
October 23, 2012
Page 2
Mayor’s Report (cont’d):
4. CC 2012-80 Ordinance Approving a First Amendment to a Concession Lease Agreement (River City
Roasters)
5. CC 2012-81 City Administrator Employment Agreement
6. CC 2012-82 Chief of Police Employment Agreement
Public Works Committee Report:
Economic Development Committee Report:
1. EDC 2012-53 Ordinance Allowing and Regulating Electronic Signs
2. EDC 2012-54 Ordinance Amending the Regulations for Building Mounted Signs
Public Safety Committee Report:
Administration Committee Report:
Park Board:
Plan Commission:
1. PC 2012-09 Kendall Crossing (Countryside)
a. Ordinance Approving Preliminary Concept Plan for a Special Use Permit Application for
Planned Unit Development for a ~38,500 Square Foot Cinema Complex and Various Outlots
(Kendall Crossing)
b. Ordinance Approving a Development Agreement for Kendall Crossing
Zoning Board of Appeals:
City Council Report:
City Clerk’s Report:
City Treasurer’s Report:
Community and Liaison Report:
Staff Report:
Additional Business:
Executive Session:
1. For the appointment, employment, compensation, discipline, performance, or dismissal of specific
employees of the public body or legal counsel for the public body, including hearing testimony on a
complaint lodged against an employee of the public body or against legal counsel for the public body to
determine its validity.
Citizen Comments:
Adjournment:
City Council Agenda
October 23, 2012
Page 3
COMMITTEES, MEMBERS AND RESPONSIBILITIES
ADMINISTRATION: November 15, 2012 – 6:00 p.m. – City Hall Council Chambers
Committee Departments Liaisons
Chairman: Alderman Spears Finance Library
Committee: Alderman Munns Administration
Committee: Alderman Colosimo
Committee: Alderman Koch
ECONOMIC DEVELOPMENT: November 6, 2012 – 7:00 p.m. – City Hall Council Chambers
Committee Departments Liaisons
Chairman: Alderman Munns Community Development Plan Commission
Vice-Chairman: Alderman Funkhouser Building Safety and Zoning Yorkville Econ. Dev. Corp.
Committee: Alderman Milschewski Kendall Co. Plan Commission
Committee: Alderman Teeling
PUBLIC SAFETY: November 1, 2012 – 6:30 p.m. – City Hall Council Chambers
Committee Departments Liaisons
Chairman: Alderman Colosimo Police Human Resource Comm.
Vice-Chairman: Alderman Kot School District
Committee: Alderman Spears
Committee: Alderman Funkhouser
PUBLIC WORKS: November 20, 2012 – 6:00 p.m. – City Hall Council Chambers
Committee Departments Liaisons
Chairman: Alderman Teeling Public Works Park Board
Vice-Chairman: Alderman Milschewski Engineering YBSD
Committee: Alderman Kot Parks and Recreation
Committee: Alderman Koch
UNITED CITY OF YORKVILLE
WORKSHEET
CITY COUNCIL
Tuesday, October 23, 2012
7:00 PM
CITY COUNCIL CHAMBERS
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AMENDMENTS TO AGENDA:
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CITIZEN COMMENTS:
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CONSENT AGENDA:
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1. CC 2012-74 Bills for Payment - $839,564.32 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. PS 2012-27 Ordinance Amending the Code of Ordinances Providing for Liquor Control (Number of Class
A Licenses) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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3. CC 2012-72 Resolution Approving a Revised Policy for Athletic Field Use Policies and Procedures □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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4. PW 2012-58 Water Department Reports for July & August 2012 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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5. PW 2012-29 Resolution Endorsing Implementation of the Lower Fox River Land Conservation Project Plan □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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6. PW 2012-60 MFT Resolution for Salt Storage □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MINUTES FOR APPROVAL:
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1. CC 2012- Minutes of the City Council – September 25, 2012 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. CC 2012- Minutes of the City Council – October 9, 2012 □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MAYOR’S REPORT:
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1. CC 2012-77 Appointment to Park Board – Matthew Konecki □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. CC 2012-78 Annual Treasurer’s Report □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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3. CC 2012-79 Tax Levy Estimate □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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4. CC 2012-80 Ordinance Approving a First Amendment to a Concession Lease Agreement (River City
Roasters) □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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5. CC 2012-81 City Administrator Employment Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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6. CC 2012-82 Chief of Police Employment Agreement □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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ECONOMIC DEVELOPMENT COMMITTEE REPORT:
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1. EDC 2012-53 Electronic Signs – Proposed Sign Ordinance Amendment □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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2. EDC 2012-54 Building Mounted Signs – Proposed Sign Ordinance Amendment □ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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PLAN COMMISSION REPORT:
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1. PC 2012-09 Kendall Crossing (Countryside)
a. Ordinance Approving a Preliminary Concept Plan for a Special Use Permit Application for Planned
Unit Development of a ~38,500 Square Foot Cinema Complex and Various Outlots (Kendall
Crossing)
□ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
b. Ordinance Approving a Development Agreement for Kendall Crossing
□ Approved: Y ______ N ______ □ Subject to __________________________________________ □ Removed _________________________________________________________________________ □ Bring back to Committee/future meeting _______________________________________________
□ Informational Item __________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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REPORTS:
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ADDITIONAL BUSINESS:
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
CA #1
Tracking Number
CC 2012-74
Bill Payments - $839,564.32
City Council – October 23, 2012
Majority
Approval
Approval of bill payments.
Amy Simmons Finance
Name Department
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Please see attached information.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #2
Tracking Number
PS 2012-27
Ordinance Amending Liquor Code to Increase Number of Class A Licenses
City Council – October 23, 2012
PS 10/04/12
PS Committee recommends approval.
PS 2012-27
Majority
Approval
Request to amend the city liquor code to increase the number of Class A
liquor licenses available.
Lisa Pickering Administration
Name Department
Summary
Request to amend the Liquor Code to increase the number of Class A licenses.
Background
Per City Code, there is a limit on the number of Class “A” liquor licenses that are available.
Before any new Class “A” licenses can be issued, City Council will need to decide if the city liquor code
should be amended to increase the number of liquor licenses available. If the decision is made to amend
the code, it does not guarantee that a liquor license will be issued to this applicant. As with all liquor
applicants, the Liquor Commissioner will review the applications and make the final decision.
The city code currently allows for a total of five Class “A” – liquor licenses. A list of current
establishments is attached. For your consideration attached are red-lined and clean versions of the
section of the liquor code which would be affected by this request.
If the City Code is amended by the City Council, the liquor license applicant will be requesting
two A3 liquor licenses for two adjacent units in the Fountain Village subdivision. The business plan
presentation of the applicant is attached, and the petitioner will be present to answer questions at the
committee. While the Public Safety Committee does not specifically approve applicants and/or business
plans, the applicant felt it would be helpful to provide more information than necessary.
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: September 27, 2012
Subject: Request to Amend the Liquor Code to Increase Number of Class
A Licenses
UNITED CITY OF YORKVILLE CLASS A LIQUOR LICENSES IN FORCE AS OF 9/20/12
City Code allows a total of 5 Class A1-A4 licenses. Only 3 can be located in the downtown area.
Downtown BUSINESS ADDRESS CLASS/DESCRIPTION
1 Yes Cobblestone
101 W. Van Emmon A-1 Beer, Wine, Liquor & Package
2 Yes The Grille
(f/k/a Kendall Pub)
209 S. Bridge Street A-1 Beer, Wine, Liquor & Package
3 Yes OJ’s Tap 210 S. Bridge Street. A-1 Beer, Wine, Liquor & Package
4 No Fox River Lanes 1205 N. Bridge Street A-1 Beer, Wine, Liquor & Package
5 No Stonefire 2075 Marketview Drive A-1 Beer, Wine, Liquor & Package
Proposed Locations
Downtown BUSINESS ADDRESS CLASS/DESCRIPTION
No Dolly’s #3 1959 S. Bridge Street A-3 Beer, Wine, and Liquor
(Service Bar Only)
No Classics #4 1961 S. Bridge Street A-3 Beer, Wine, and Liquor
(Service Bar Only)
3-3-6: NUMBER OF LICENSES:
A. No limitation shall be in effect within the city as to the maximum number of liquor license
holders, except with reference to: (Ord. 2008-59, 7-8-2008)
1. Number Of Licenses For Classes A1 Through A4: Holders of classes A1 through A4 which
shall not exceed the number of three (3) licenses issued at any given time in an area commencing
at the intersection of the center line of Route 47, also known as Bridge Street, and the center line
of Van Emmon Street, and running thence west along the center line of Van Emmon Street to the
alley; thence in a northerly direction parallel to the center line of said Route 47 to the south bank
of the Fox River; thence easterly along the south bank of the Fox River to a point which
intersects with the center line of Heustis Street extended; thence along said east line extended in
a southerly direction and along the center line of said Heustis Street until said line intersects the
center line of Van Emmon Street; thence west along the center line of Van Emmon Street to the
intersection of the center line of Route 47; thence westerly along the center line of Van Emmon
Street to a point 100 feet westerly of the easterly line of Route 47; thence southerly parallel with
Route 47 (the same being Bridge Street) to the point of intersection of the center line of
Washington Street; thence easterly along the center line of Washington Street to a point 100 feet
easterly of the easterly line of Route 47, the same being Bridge Street thence northerly parallel
with the easterly line of Route 47 to its intersection with the center line of Van Emmon Street;
thence westerly along the center line of Van Emmon Street to the place of beginning. In any
event, it shall be unlawful to sell or offer for sale at retail any alcoholic liquor within any
residential portion of the city7. (Ord. 2011-42, 8-9-2011)
2. Additional Retail Type Licenses Issued: The liquor control commissioner shall further have a
right to issue up to a total of fourtwo (42) additional retail type licenses inclusive of any of the
four (4) existing retail class licenses, in areas outside the above designated downtown area and
outside of any residential area subject to approval of the city council, in order to provide for the
orderly growth of the city with respect to additional territories being developed and annexed
within the city. No licenses in excess of fourtwo (42) additional class A1 through A4 licenses,
inclusive, shall be issued outside of the downtown area without amendment of this section by the
city council. (Ord. 2009-29, 6-9-2009)
3. Maximum Number Of Package (Class B And B1) Liquor Licenses: There shall be no more
than nine (9) class B liquor licenses at any one time. There shall be no more than seven (7) class
B1 liquor licenses at any one time. (Ord. 2011-12, 4-12-2011)
4. Number Of Licenses Required In A Shopping Center: There shall be permitted not more than
any one liquor license of any package (B or B1) class in any shopping center up to one hundred
thousand (100,000) square feet of gross building floor area. There will be available one
additional liquor license of said package class for those shopping centers in excess of one
hundred thousand (100,000) square feet of gross building floor area upon approval of the liquor
commissioner. (Ord. 2008-59, 7-8-2008)
Ordinance No. 2012-_____
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
PROVIDING FOR LIQUOR CONTROL
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, pursuant to section 5/4-1 of the Liquor Control Act of 1934, as
amended, (235 ILCS 5/1-1 et seq.) the corporate authorities have the power to determine
the number, kind and classification of liquor licenses and their fees; and the regulations
for the sale of alcoholic beverages; and in addition pursuant to its powers to protect the
public’s health, welfare and safety this Ordinance is hereby adopted.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Title 3, Chapter 3, Section 6-A-2, of the United City of Yorkville
Code of Ordinances is hereby amended by deleting paragraph 2 in its entirety and
replacing it with the following:
2. Additional Retail Type Licenses Issued: The liquor control commissioner shall
further have a right to issue up to a total of four (4) additional retail type
licenses inclusive of any of the four (4) existing retail class licenses, in areas
outside the above designated downtown area and outside of any residential area
subject to approval of the city council, in order to provide for the orderly
growth of the city with respect to additional territories being developed and
annexed within the city. No licenses in excess of four (4) additional class A1
through A4 licenses, inclusive, shall be issued outside of the downtown area
without amendment of this section by the city council. (Ord. 2009-29, 6-9-
2009)
Section 2. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this ________ day of ____________________, A.D. 2012.
______________________________
CITY CLERK
ROSE ANN SPEARS ________ DIANE TEELING ________
KEN KOCH ________ JACKIE MILSCHEWSKI ________
CARLO COLOSIMO ________ MARTY MUNNS ________
CHRIS FUNKHOUSER ________ LARRY KOT ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this _____ day of _______________, A.D. 2012.
______________________________
MAYOR
Valence Holdings, Inc.
d.b.a.
Gaming • Convenience • Spirits
Yorkville City Council Meeting
October 4, 2012
*Request FOR
LIQUOR LICENSE*
For 2 strip mall units at
Fountain Village Shopping Center:
1959 & 1961
South Bridge Street
Yorkville, IL
2
Gaming • Convenience • Spirits
Request
to
the
City
of
Yorkville:
LIQUOR
LICENSE
REQUEST
Valence
Holdings,
Inc.
d.b.a.
“Dolly’s”
formally
requests
approval
for
2
Liquor
Licenses
for
the
on-‐
premise
consumption
of
alcohol
from
the
City
of
Yorkville
at
the
following
2
locations:
1959
&
1961
South
Bridge
Street
Yorkville,
IL
60560
Valence
Holdings,
Inc.
currently
has
leases
on
both
units
at
“Fountain
Village”
in
south
Yorkville.
Due
to
state
regulation,
each
business
with
a
liquor
license
can
only
have
a
maximum
of
5
Video
Gaming
Terminals.
We
believe
that
the
demand
for
these
machines
is
much
higher
than
the
state
allotted
“5
machines
per
location”,
so
we
are
formally
requesting
the
city
to
grant
us
2
licenses.
This
will
allow
Valence
Holdings,
Inc.
to
operate
10
Video
Gaming
Terminals
at
“Fountain
Village.”
3
Gaming • Convenience • Spirits
About
the
Company:
Valence
Holdings,
Inc.
d.b.a.
“Dolly’s”
is
an
Illinois
corporation
that
operates
country-‐style
café’s
offering
high-‐quality
video
gaming,
convenience
store
items,
and
spirits.
We
operate
clean,
safe,
and
convenient
entertainment
that
cater
to
seniors,
retirees,
and
baby
boomers.
Dolly’s
is
currently
leasing
space
in
strip
malls
throughout
the
state
of
Illinois
near
large
‘anchor’
retail
centers,
grocery
stores,
drug
stores,
and
high-‐traffic
residential
areas.
Each
Dolly’s
location
will
have
5
video
gaming
terminals
(the
maximum
allowed
by
state
law),
and
a
sitting
area
for
customers
to
relax
and
socialize
while
they
are
waiting
for
an
open
machine.
We
sell
a
variety
of
convenience
store
items
including:
candy,
gum,
snacks,
coffee,
soda,
tea,
and
electronic
cigarettes.
Each
“Dolly’s”
location
also
has
a
liquor
license
for
on-‐
premise
consumption
of
alcohol,
and
will
be
serving
a
limited
selection
of
beer,
wine,
and
liquor
to
our
guests.
Dolly’s
4
Gaming • Convenience • Spirits
Benefits
to
the
City
of
Yorkville
1. Additional
Revenues
for
the
City
a. Per
the
Video
Gaming
Act
passed
in
2009,
the
City
in
which
the
video
games
reside
will
receive
a
5%
share
of
the
total
revenue
earned
by
the
machines.
i. City
Revenue
Share
will
be
approximately
$13,500
per
year
per
5-‐machine
location
ii. 2
locations
could
generate
approximately
$27,000
in
additional
revenue
for
the
City.
b. The
City
will
also
receive
the
additional
Sales
Tax
generated
from
all
store
purchases.
i. An
estimated
Inside
Sales
of
$240,000
per
year
x
a
7%
Sales
Tax
=
$16,800
per
year.
ii. If
Dolly’s
opens
2
locations,
that
could
generate
approximately
$33,600
in
additional
sales
tax
revenue
for
the
City.
POTENTIAL
CITY
REVENUES
FROM
2
LOCATIONS
=
$60,600
PER
YEAR
2. We
hire
locally
a. Each
Dolly’s
location
will
have
between
5-‐10
employees
at
any
given
time.
b. We
create
a
friendly,
warm
atmosphere
to
help
our
customers
feel
‘at
home’
i. We
can
best
do
this
by
hiring
friendly,
local
employees,
or
‘hostesses’
at
our
stores.
3. We
provide
a
professional,
high-‐end,
clean,
fun,
and
safe
establishment
that
caters
to
the
’51
and
up’
senior
demographic.
4. We
will
keep
more
money
in
your
town.
a. Our
target
demographic
is
the
’51
and
ups’
that
frequent
the
Casinos
and
River
Gambling
Boats
b. We
will
help
keep
their
money
in
your
town
so
that
your
City
can
get
a
share
of
the
revenue.
5. We
help
the
local
businesses
around
us.
5
a. At
“Dolly’s”,
our
primary
focus
is
the
gaming.
Most
“Dolly’s”
customers
stay
and
play
for
hours,
and
usually
need
a
quality
food
offering.
b. We
look
forward
to
helping
the
local
restaurants
and
food
stores
around
us
benefit
from
our
hungry
customers.
c. We
will
have
Take-‐Out
and
Delivery
Menus
from
all
the
local
restaurants
available
for
our
patrons.
6. We
help
bring
more
patrons
to
your
City.
a. Video
Gaming
Machines
are
a
great
form
of
entertainment
for
adults
of
all
ages.
Our
gaming
centers
will
bring
lots
of
patrons
to
your
city,
which
will
increase
Sales
at
all
the
businesses
around
us,
including:
gas
stations,
convenience
stores,
restaurants,
banks,
and
more.
b. Overall
commerce
in
your
City
will
increase
with
the
addition
of
our
stores.
6
Gaming • Convenience • Spirits
Store
Operation:
• Hours
of
operation
will
follow
the
legal
times
that
we
are
allowed
to
sell
alcohol.
o Per
the
Video
Gaming
Act,
patrons
are
only
allowed
to
play
the
machines
during
‘alcohol
selling’
hours.
o Our
target
demographic
is
’51
and
ups’.
Most
of
our
business
will
be
done
during
the
daytime.
• Patrons
will
receive
free
fountain
soda
and
coffee.
Example
photo
only.
Not
official
“Dolly’s”
location
• The
facility
will
be
ages
21
and
up
at
all
times,
unless
accompanied
by
an
adult.
• All
City
and
County
Police
and
Fire
Department
personnel
are
always
welcome,
and
will
receive
free
fountain
and
coffee
at
all
times.
• We
have
partnered
with
the
Licensed
Terminal
Operator
“Illinois
Gold
Rush”
to
install
and
manage
our
legal,
state
regulated,
and
‘high
winning’
percentage
Video
Gaming
Machines
o The
gray
games
of
the
past
only
paid
out
60-‐65%
o The
new,
state
regulated
games
will
pay
out
85-‐92%
• Valence
Holdings,
Inc.
is
a
company
committed
to
high
integrity,
image,
quality,
and
customer
satisfaction.
7
Gaming • Convenience • Spirits
Themes
for
Stores:
We
are
hoping
to
open
multiple
locations
in
Yorkville.
Rather
than
having
all
of
the
locations
display
the
“Dolly’s”
name
and
theme,
we
will
create
multiple
store
names
and
themes
for
our
stores.
This
will
create
an
exciting
visual
experience
for
our
patrons
to
experience.
Here
are
the
proposed
themes
for
our
locations:
o
“Dolly’s”
is
the
original
theme
for
our
company,
and
is
the
name
of
my
late
Grandmother.
Dolly’s
will
include
pictures
of
tractors,
farm
fields,
and
a
‘home-‐style’
charm
that
you
would
find
at
Grandma
Dolly’s
house.
o
Classics
“Classics”
will
include
pictures
of
old
classic
cars
and
motorcycles,
as
well
as
memorabilia.
8
Gaming • Convenience • Spirits
Product
Offering:
Our
primary
product
is
the
fun,
entertaining,
high-‐quality
Video
Gaming
Terminals.
All
other
products
are
designed
to
complement
the
machines,
and
keep
our
customers
satisfied
and
comfortable
while
they
are
playing.
All
of
the
Dolly’s
Themes
will
offer
the
same
items.
We
will
have
about
50
various
convenience
store
items;
including:
hot
coffee,
tea,
cappuccino,
soda,
limited
spirits
(beer,
wine,
liquor),
limited
food
(tabletop
pizza
oven,
microwave),
and
even
electronic
cigarettes
that
our
customers
can
enjoy
while
they
play!
Many
of
our
patrons
will
also
want
a
high
quality,
healthy
food
offering.
Most
of
our
locations
are
in
strip
centers
that
already
have
hot
food
options,
and
are
very
close
to
those
restaurants.
Customers
are
welcome
to
walk
next
door
to
the
restaurant;
or,
order
from
our
collection
of
take-‐out
menus
from
nearby
restaurants.
Product
Listing
by
Category
VIDEO GAMING TERMINALS:
- The same high-quality machines that are in casinos
- Manufacturers include: WMS, IGT, Bally’s, Spielo, Aristocrat, and AGS
GROCERY:
- Candy, gum, ice cream, chocolate, salty snacks, and more
FOUNTAIN:
- Pepsi/Coke soda products
- Coffee, Cappuccino, Tea
DRINKS:
- Pepsi/Coke products
- Red Bull, Monster, and other energy drinks
- Bottled water, milk, juice
CIGARETTES (select cities):
- Limited selection of cigarettes and tobacco products
HEALTH & BEAUTY:
- Limited selection of household items, medicines, soap, shampoo, and more
NOVELTY:
- Electronic cigarettes --- our customers can smoke while they play
FOOD:
- Limited selection of pre-packaged, microwaveable, and/or frozen foods
- We will have a microwave, a small pizza oven (select cities), and more
- Donuts, pre-made sandwiches, frozen pizza, and more.
ALCOHOL:
- Limited selection of Beer, Wine (by the glass), and Liquor
9
Valence Holdings, Inc.
d.b.a.
Gaming • Convenience • Spirits
CONCLUSION:
Valence
Holdings,
Inc.
d.b.a.
“Dolly’s”
would
love
the
opportunity
to
bring
our
high-‐quality
form
of
entertainment
and
convenience
to
your
town.
We
are
excited
to
offer
your
residents
a
relaxing,
social,
and
friendly
atmosphere
to
enjoy
for
years
to
come
-‐-‐-‐
We
look
forward
to
discussing
this
opportunity
with
your
City
further.
Thank
you
for
your
time
and
consideration-‐-‐
Sincerely,
An
Illinois
Corporation
Dolly’s
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Please see the attached memo and revised document.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Parks & Recreation
Public Works
Agenda Item Number
CA #3
Tracking Number
CC 2012-72
Athletic Field Policy Changes
CC October 23, 2012
10/9/12
Tabled
CC 2012-72
Majority
Approve Athletic Field Policy.
Attached are the requested clarifications/changes to the Athletic Field Policy.
Laura Schraw Parks & Recreation
Name Department
At the City Council meeting on October 9, 2012, clarification on a few items within the Athletic Field
Policy were requested.
Permit
An additional sentence was added to clarify that a cooperative agreement requires making reservations
through the Parks & Recreation Department and that a permit is required for all other groups. On page 2
under “Groups or individuals with an approved reservation or permit and City programs will have priority
use” this language covers both the cooperative agreement as well as any permit reservations by
application.
50% Refund
Clarification on the 50% refund versus no refund language: The 50% refund is for the preparation fee. No
refunds are given for tournament cancellations. The tournament policy is included within the athletic field
policy, yet they are two separate items. To clarify this matter, language has been changed to the
following:
“Groups may not use the fields or parks when the weather conditions are dangerous or when the field
conditions are not acceptable. All groups must adhere to the inclement weather practice for field
conditions; (no standing water, saturated turf conditions, or times when safety is a concern). Each group
must determine for themselves if the fields are in acceptable condition and safe for play prior to the start
of play. The City or Yorkville Park and Recreation Department full time staff has the right to call the
fields at any time. The group or organization can call the City of Yorkville Parks & Recreation
Department full time staff prior to 3pm on the day of play to inquire on the status of the fields to aid in
their determination. Once the field has been prepared for play, the maximum preparation fee refund that
can be requested if the game or practice is cancelled due to inclement weather is 50% of the preparation
fee. Refunds of the daily use fee if the game or practice is cancelled due to inclement weather can be
requested or transferred to another reservation within the same organization. The City will call the fields
for any tournament rental and see the Tournament Policy for refund guidelines.”
In addition, to clarify further, under the Tournament Policy, H. Rain, additional language added states,
“No credit or vouchers will be given for tournament cancellations due to inclement weather called by
Parks & Recreation Staff.”
Port-o-let
Under the last bullet point of the General Policies and Procedures, the language now states, “No port-o-
lets can be rented by an organization. All port-o-lets must be rented by the Parks & Recreation
Department. The City will only charge the user the amount it costs to rent the portable toilet unit.”
Memorandum
To: City Council
From: Laura Schraw, Interim Director of Parks and Recreation
CC: Bart Olson, City Administrator
Date: October 16, 2012
Subject: Athletic Field Policy Revisions
1
UNITED CITY OF YORKVILLE
PARKS AND RECREATION DEPARTMENT
ATHLETIC FIELD & TOURNAMENT RESERVATION POLICY
Athletic Field Policy
The Athletic Field Reservation policy of the United City of Yorkville has been established to provide a
systematic method by which athletic fields (baseball, softball and soccer) may be reserved by the
residents of the community. A reservation is not required for athletic field use for occasional play or
pick up games, and cannot be used by organized league play. For league play (which includes multiple
days, or week play for both games and practices and a minimum of 50 games are played per calendar
year) a cooperative agreement is required and all reservations will be made through the Parks &
Recreation Staff. For league play (which includes multiple days, or week play for both games and
practices and less than 50 games are played per calendar year) a permit is requires and will guarantee
use for the dates and times specified on the permit.
Objectives
To provide maximum utilization of athletic fields through centralized scheduling
To provide an impartial distribution of athletic fields to the various community groups who
wish to reserve fields
To plan cooperatively with other community agencies to enhance individual and group
recreational needs
To provide recreational activities which take into consideration the needs of the community
To provide the best possible maintenance of athletic fields using available manpower and
monetary resources
Rental Categories
Category A Government and non-profit organizations whose participants are comprised 100% of
United City of Yorkville residents.
Category B Private groups and individuals which are comprised of at least 80% United City of
Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville
boundaries.
Category D Governmental, non-profit organizations, businesses, corporations, and private groups
which are located outside the United City of Yorkville boundaries.
Athletic Field Use Priorities
When scheduling reserved use of athletic fields, the following priorities shall be established:
1. United City of Yorkville Park and Recreation sponsored programs
2. Yorkville School District
3. Youth Leagues that have approved cooperative agreements with the City of Yorkville.
i. League agreements considered in-house (i.e. primarily Yorkville residents playing
games against other Yorkville residents) will be given first priority.
1. In the event there are multiple in-house agreements approved by the
City, priority for field use shall be given to the agreement with more
Yorkville residents as participants. Total field usage between competing
2
in-house agreements shall be proportional to the total amount of
Yorkville residents served by each agreement.
ii. League agreements considered travel (i.e. primarily Yorkville residents playing
games against other area leagues, groups, or organizations) will be given second
priority.
1. In the event there are multiple travel league agreements approved by the
City, priority for field use shall be given to the agreement with more
Yorkville residents as participants. Total field usage between competing
travel league agreements shall be proportional to the total amount of
Yorkville residents served by each agreement.
4. Other athletic programs within the community requesting to reserve an athletic field(s)
on a seasonal basis.
5. Private groups or individuals requesting to reserve an athletic field(s) on a single
or multiple dates.
6. Other
Athletic fields may be used on a drop-in basis by any group or individual without a reservation on a
first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized
league games and practices. Groups or individuals with an approved reservation or permit and City
programs will have priority use.
Groups may not use the fields or parks when the weather conditions are dangerous or when the field
conditions are not acceptable. All groups must adhere to the inclement weather practice for field
conditions; (no standing water, saturated turf conditions, or times when safety is a concern). Each
group must determine for themselves if the fields are in acceptable condition and safe for play prior to
the start of play. The City or Yorkville Park and Recreation Department full time staff has the right to
call the fields at any time. The group or organization can call the City of Yorkville Parks & Recreation
Department full time staff prior to 3pm on the day of play to inquire on the status of the fields to aid in
their determination. Once the field has been prepared for play, the maximum preparation fee refund
that can be requested if the game or practice is cancelled due to inclement weather is 50% of the
preparation fee. Refunds of the daily use fee if the game or practice is cancelled due to inclement
weather can be requested or transferred to another reservation within the same organization. The City
will call the fields for any tournament rental and see the Tournament Policy for refund guidelines. A
50% refund of the preparation fee will be offered if the City calls the fields.
Request for Athletic Field Reservation
Organizations, groups and individuals desiring to reserve athletic fields shall complete the standard
application for athletic field reservation. In addition, organizations, groups, and individuals shall be
required to submit the following with the application form:
A certificate of insurance – co-naming the United City of Yorkville as an additional insured,
Assumption of liability, and Waiver of subrogation.
The team roster(s) with addresses and signed waiver forms from each player or guardian.
The Recreation Department may request additional information from the desired individual or
groups if it is considered to be in the best interest of the City or necessary to make a decision
regarding the use of a field.
Deposit $100.00 per field, $150.00 per field with lights.
3
Tournament Dates
Priority will be given to the organization or league that rented the fields for that same weekend the
previous year. Please see Tournament Policy for all tournament related information.
Holiday Maintenance Schedule
It will be at the discretion of the Park & Recreation Department on a case by case basis as to the
availability of field preparation on a holiday or holiday weekend. Additional charges will be based on
request to pay staff overtime.
Outside Maintenance
No outside organization will be allowed to perform maintenance, including but not limited to the use
of motorized equipment. Limited hand raking is allowed. For groups chalking fields themselves a
manual chalker must be used.
ATHLETIC FIELD RESERVATION FEES
A. Establishment
The Park Board shall annually (based on fiscal year) recommend fees for the reserved use of athletic
fields based on the premise that fees charged shall be used to partially offset the cost of maintaining
and upgrading the city’s athletic fields. Fees shall be established in the following categories:
1. Soccer Fields and football fields
2. Baseball and softball fields, daylight use
3. Baseball and softball fields, night use with lights
4. Resident, non-resident and commercial use fees
5. Single or multiple and seasonal use fees
6. Tournament use
7. Special use
B. Resident / Non-Resident Users
To qualify for resident fees a group shall consist of 80% or more residents of the United City of
Yorkville, City boundaries. The 80% residency requirement shall be calculated based on the total
number of players using the field, not just on the group requesting use of the field. Residency shall be
determined based on the home address of the individuals as opposed to the business address or the
address of other family members. The Parks and Recreation Department may waive the residency
requirement if it is considered to be in the best interest of the City, or if a cooperative agreement is
approved.
C. Commercial Users
Any group reserving an athletic field for profit making purposes shall be charged the commercial fee.
D. Waiver of Fees to School District, private school groups, or youth organizations
Public and parochial schools that provide school facilities to the City of Yorkville at no charge shall
have free reserved use of City athletic fields. These schools shall provide their own set-up of athletic
fields including, but not limited to, lining, base set-up and hand raking. Should these schools wish to
reserve an athletic field at night with lights, the established lighting costs shall be paid by the school.
The Parks and Recreation Department may give consideration to the waiver or partial waiver of fees
for youth organizations who are party to a cooperative agreement with the City.
4
E. Payment of Fees
Groups reserving an athletic field on a seasonal basis shall be billed by the Parks and Recreation
Department with payment expected according to the following schedule: one half by the first usage
date, and one half by the midpoint of the season. At the end of the season, adjustments will be made
and either an additional billing or a refund of fees paid in excess will occur, whichever is necessary.
A 20% deposit shall be required to guarantee the reservation.
Groups or individuals reserving athletic fields on a single or multiple use basis, shall be required to pay
the established fee at least two weeks prior to the date reserved. A permit shall be issued upon payment
of the fee.
Payment of fees shall be made at the Parks and Recreation Department Offices.
F. Security Deposit
A security deposit will be required per event, tournament or program. The amount will be $100 per
day (no lights) or $150 per day (with lights), to a maximum of $500. The deposit may be forfeited for
incidents such as, but not limited to, those described below:
If an athletic field is damaged due to improper use by the group or individual and requires more
than normal maintenance and/or repair to be restored to its original condition, the group or
individual shall be charged the amount necessary to cover the cost of the required maintenance
and/or repair. If the security deposit does not cover the cost of the damage, an additional
charge will be assessed.
The need for excess clean-up above and beyond normal use.
Unauthorized or inappropriate use of lights.
Barring an incident warranting the forfeiture of part or all of the security deposit, a full refund of the
security deposit shall be paid within thirty (30) days following the event, program or league.
ATHLETIC FIELD RESERVATION POLICY
ATHLETIC FIELD RESERVATION FEES
The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be
used to partially offset the cost of maintaining and upgrading the City’s athletic fields. All fees are
subjected to changing without notice.
Category A Government and non-profit organizations whose participants are comprised 100% of
United City of Yorkville residents
Category B Private groups and individuals which are comprised of at least 80% United City of
Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville
boundaries.
Category D Governmental, non-profit organizations, businesses, corporations, and private groups
which are located outside the United City of Yorkville boundaries.
A. Daily Fees (per field use)
Ctg A Ctg B Ctg C Ctg D
0-2 hours $20 $25 $30 $40
5
2-4 hours $25 $30 $35 $50
4-6 hours $30 $40 $50 $60
6-8 hours $35 $45 $55 $70
Fees are based on a “per field basis” without usage of lights. Refunds of the daily use fee can be
requested or transferred to another reservation within the same organization if the game or practice is
cancelled due to inclement weather.
B. Preparation of Fields Fee
Baseball / softball field prep – includes bases, fine dragging and lining (one prep per day).
Weekday $35.00 per day per field
Weekend $45.00 per day per field
*50% of preparation fees will be charged if there is inclement weather that results in cancellation of
the game.
Soccer field prep - includes nets, lining of the field
Initial Layout Fee ………………………………………………………...$175.00
Weekly Maintenance Fees:
Large Field (100 yds x 70 yards or 80 yds x 50 yds)………..........$100.00
Medium Field (60 yds x 40 yds or 45 yds x 30 yds)………….........$80.00
Small Field (35 yds x 25 yds or 30 yds x 20 yds)……………….....$60.00
C. Lights Fees
Weekday or weekend - minimum $45.00 fee for first hour, $30.00 for each additional hour per field
D. Special Use Fees
Water access fee - $20.00
Electrical access fee - $20.00. Must supply your own extension cords.
Please reference the concession stand / vendor operation policy for special use request and
tournaments.
E. Seasonal / Long Term Use Fees
To be determined for each organization and the requests, per Athletic Reservation Fee Schedule. Any
organization that has a cooperative agreement must have a minimum of 50 games per calendar year.
F. Portable Toilet Fee
If the organization requests a portable toilet at the field to use, the organization must pay the monthly
fee for the portable toilet. The port-o-let must be placed at the field by the City only.
General Policies and Procedures for use of the United City of Yorkville Parks, Fields and Facilities
may be found on page 9.
6
TOURNAMENT POLICY
TOURNAMENT - ATHLETIC FIELD RESERVATION
Any groups wishing to host a tournament shall have an approved athletic field reservation prior to
submitting a bid to host a tournament. Applications for Tournament requests may be submitted
beginning Sept. 1st for the general public. The scheduling and approval is on a first come, first serve
basis. Priority will be given to the organization or league that rented the fields for that same weekend
the previous year.
Written requests for tournament athletic field reservations and special requests shall be submitted to
the Parks and Recreation Department according to the deadlines listed below. In addition, certificate
of insurance, team rosters and signed waiver forms for each player participant shall be submitted to the
Parks and Recreation Department at least one week prior to the tournament date. Athletic field
reservation requests shall be approved by the Parks and Recreation Department. Special tournament
and use requests shall be approved by the Park Board.
The group or organization requesting the use of the fields for tournament use is responsible for all
participant and players conduct while on the fields, park, surrounding areas including parking lot. All
players attending a tournament or other uses of the athletic fields shall adhere to this entire policy and
the items listed below. Any violation of these policies can impact the current and future uses of all
City fields and / or facilities. Furthermore, the group assumes all responsibility for the repair or
replacement of damage as a result of misuse of the field, equipment or park amenities.
A. Guidelines & Fees
Baseball/ Softball Fields @ Bridge Park – Weekend Tournament Fees (Fri. – Sun)
Tournament Rental Fee - $1,200.00 per event. (3 day)
Includes:
Bridge Park Fields (3 Fields)
Rental Time:
- Friday 3:00 pm – 9:45 pm
- Saturday 9:00 am – 9:45 pm
- Sunday 9:00 am – 6:00 pm
Lights at Bridge Park Fields (available from 6:00 pm to 9:45 pm each night – all play must
end by 9:45 pm, no exceptions)
Fields will be prepared and lined each morning; Friday, Saturday, and Sunday.
If all 3 fields are not being used the City has the right to not open the concession stand.
Friday-Saturday Fee - $800.00 (2 day)
Bridge Park Fields (3 Fields)
Rental Time:
- Friday 3:00 pm – 9:45 pm
- Saturday 9:00 am – 9:45 pm
Lights at Bridge Park Fields (available from 6:00 pm to 9:45 pm each night – all play must
end by 9:45 pm, no exceptions)
Fields will be prepared and lined each morning; Friday and Saturday.
If all 3 fields are not being used the City has the right to not open the concession stand.
If one of the days are rained out the fee to play Sunday is $400.00.
7
A fee of $150.00 will be assessed for play after 6:00 pm on Sundays (lights are available at no
additional fee until 9:45 pm. All play must end by 9:45 pm no exceptions).
Games will not start before 9:00 am.
Additional fields may be available for an additional fee ($250.00 per field per weekend).
Additional days may be available for an additional fee.
A. Schedule Due
Tournament Schedule or start & ending times and field dimensions, for each day of the tournament, are
due by Monday, at 11:00 am, the week of the tournament to ensure the concession stand, field
preparation, bathrooms and lights will be staffed.
Any changes to the submitted schedule before or during the Tournament must be approved by the
Superintendent of Parks and the Superintendent of Recreation.
B. Special Use Fees
Water access fee - $20.00
Electrical access fee - $20.00, must supply your own extension cords.
Concession – please see Concession Stand Operation below.
C. Payment of Fees
Groups reserving a weekend tournament must pay the security deposit, 20% of the tournament fees and
have an active credit card on file at time of reservation. All tournament fees will be paid in full two
months before the tournament dates.
D. Refund of Tournament Fees
A tournament is considered one entity even though it may span multiple days.
To receive a full refund of the tournament package the group or individual must provide written
notification of cancellation to the Parks and Recreation Department at least two months prior to the
date reserved.
To receive a 50 percent refund of the tournament package the group or individual must provide written
notification of cancellation to the Parks and Recreation Department at least ONE MONTH prior to the
date reserved.
To receive a fifty percent refund due to possible inclement weather the group or individual must
provide written or verbal notification of cancellation to the Parks and Recreation Department by 4:00
pm the day prior to the date reserved.
No credit will be given for unused rain days during tournament play.
No refunds after the reserved day has arrived.
Payment of fees shall be made at the Parks and Recreation Department Administration Offices
E. Security Deposit
8
A security deposit will be required per event, tournament or program. The amount will be $100 per
day (no lights) or $150 per day (with lights), to a maximum of $500. The deposit may be forfeited for
incidents such as, but not limited to, those described below:
If an athletic field is damaged due to improper use by the group or individual and requires more than
normal maintenance and/or repair to be restored to its original condition, the group or individual shall
be charged the amount necessary to cover the cost of the required maintenance and/or repair. If the
security deposit does not cover the cost of the damage, an additional charge will be assessed.
The need for excess clean-up above and beyond normal use.
Unauthorized or inappropriate use of lights.
Barring an incident warranting the forfeiture of part or all of the security deposit, a full refund of the
security deposit shall be paid within thirty (30) days following the event, program or league
F. Special Requests
Any special tournament requests for any variances shall be submitted in writing along with the athletic
field reservation request. Special tournament requests shall include, but are not limited to, use of field
lights, fundraising activities (i.e. shirts, hats, photos, etc), extended park hours use, use of a public
address system, admission charges, additional bleachers, additional field maintenance, use of
temporary fencing, and water or electrical access. There will be a $50.00 fee, per booth (tent), for all
non-food items to be sold. Organizations that have an approved cooperative field-use agreement with
the City are allowed to have two 10’x10’ booths or tents on-site each day of the tournament at no-cost.
Non-profit organizations that have rented the field are allowed to have two booths or tents at no cost,
and must be staffed by members or volunteers for the organization and must be associated with the
organization’s purpose.
G. Concession Stand Operation
The Yorkville Parks and Recreation Department will have washrooms and a concession stand available
for players and spectators for the duration of the tournament if all 3 fields are in-use during the
tournament. If all 3 fields are not used, the concession stand may be closed at the discretion of the
Parks and Recreation Department. Organizations will be able to sell food products (NO
BEVERAGES), for fundraising purposes, that DO NOT coincide with the Concession Stand menu.
There will be a fee of $100.00 to sell items for the entire weekend. The $100 fee is waived for non-
profit organizations for two booths during tournaments in which the non-profit organization has rented
the field, and must be staffed by members or volunteers for the organization. The menu and fee MUST
be submitted to the Yorkville Parks and Recreation Department for approval, no later than two weeks
before the tournament. Once approved, the Organization is responsible for contacting the Kendall
County Health Department and obtaining all necessary permits. NOTE: The Kendall County Health
Department has restrictions regarding the sale of meat products. You may contact them at 630-553-
9100 for more information. Booth(s), tent(s) location will be determined by staff. Due to liability
concerns, only city employees are allowed in Concession Stands.
H. Rain
In the event of rain a representative of the Parks & Recreation Department will determine if the fields
are playable. No attempt will be made to bring the fields into playable condition. If after one hour
fields are still not playable due to rain or inclement weather all play will be canceled for that day. No
credit or vouchers will be given for tournament cancellations due to inclement weather called by Parks
& Recreation Staff.
9
GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF
YORKVILLE PARKS, FIELDS AND FACILITIES
• No equipment or permanent signage will be added or installed to the park without the
permission of the United City of Yorkville Park and Recreation Department. Any
improvements to the park will be through a donation to the City, and therefore become the
property of the City.
• No ball hitting or pitching into fences or dugouts is allowed, with the exception of light weight
plastic practice balls.
• Each party will report any damage and or maintenance concerns to the Park and Recreation
Department immediately.
• Coordination of work involving the Park and Recreation Department staff or use of the
equipment will generally require a two-week notice, for scheduling purposes.
• Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the
fields proper.
All requests for use of fields, or park(s) must be in writing.
• Due to the scheduling or early setups for the other functions, all groups and organizations are
requested to use only the area, field, or park that has been assigned to them.
• No group may meet in the United City of Yorkville parks that practices discrimination in any
manner, or partisan political activities of any kind. Non-partisan public meetings and
information forums are permitted.
• No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed
on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage
fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville
Police Department may be patrolling and monitoring the event at the discretion of the United
City of Yorkville staff.
• Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible
for litter control and pick up. Damage or excessive litter may result in a loss of privileges and
use.
• Groups may not use the fields or parks when the weather conditions are dangerous or when the
field conditions are not acceptable. All groups must adhere to the inclement weather practice
for field conditions; (no standing water, saturated turf conditions, or times when safety is a
concern). Each group must determine for themselves if the fields are in acceptable condition
and safe for play prior to the start of play. The City or Yorkville Park and Recreation
Department full time staff has the right to call the fields at any time. The group or organization
can call the City of Yorkville Parks & Recreation Department full time staff prior to 3pm on
the day of play to inquire on the status of the fields to aid in their determination. Once the field
has been prepared for play, the maximum preparation fee refund that can be requested if the
game or practice is cancelled due to inclement weather is 50% of the preparation fee. Refunds
of the daily use fee if the game or practice is cancelled due to inclement weather can be
10
requested or transferred to another reservation within the same organization. The City will call
the fields for any tournament rental and see the Tournament Policy for refund guidelines. A
50% refund of the preparation fee will be offered if the City calls the fields.
• Groups must adhere to all city ordinances, policies and procedures when using the facilities,
parks and fields. (Sign Ordinance, Building Rental Policies, Lightening Prediction Policy, and
weather warning alarm system, and any other city guidelines that pertain to the use of City
owned property).
• When ball field lights are utilized, a park and recreation department employee, tournament
director, or the representative of a private rental, will be the designee for acquiring the key for
the electrical box and turning lights on and off according to posted instructions and for
unlocking and locking the bathrooms. The use of lights will require the payment of a fee to
offset electrical costs. In addition, a refundable deposit may be required prior to the beginning
of the season or event, which can be forfeited for unauthorized or inappropriate use of the
lights.
• All play at Bridge Park ballfields must end no later than 9:45 pm, everyday. Lights will be
turned off at 9:45 pm everyday, no exceptions.
• No port-o-lets can be rented by an organization that is not rented by the Parks & Recreation
Department. The City will only charge the user the amount it costs to rent the portable toilet
unit.
11
APPLICATION FORM
ATHLETIC FIELD & TOURNAMENT RESERVATION
UNITED CITY OF YORKVILLE PARKS AND RECREATION DEPARTMENT
Please indicate type of Group requesting use of athletic field by circling the appropriate category
Category A Government and non-profit organizations whose participants are comprised 100% of United
City of Yorkville residents
Category B Private groups and individuals which are comprised of at least 80% United City of
Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville boundaries.
Category D Governmental, non-profit organizations, businesses, corporations, and private groups which
are located outside the United City of Yorkville boundaries.
Group or Individual Name _______________________________________________________________
Contact Person: __________________________ Address _______________________________
Home Phone: ________________________ Work Phone: ___________________ Email _______
FIELDS, DATE(s) / TIME(s) REQUESTED: __________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Special Use requests (lights, concessions, water, electrical, other).
______________________________________________________________________________________
In order complete the athletic field request, the following documents must be forwarded to the Parks
and Recreation Department:
1) A certificate of insurance with minimum coverage of $2,000,000 aggregate – co-naming the United
City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation.
2) The team roster(s) with addresses and signed waiver forms from each player or guardian.
OFFICIAL USE
Addition information requested _____________________________________________________________
Reservation Amount _____________________ Deposit amount ___________________________
Date of Request _________________________ Date Received ____________________________
Staff Initials ____________________________ Approved / Denied _________________________
Refund Requested________________________ Field(s) Assigned __________________________
Resolution No. 2012-____
Page 1
Resolution 2012-_____
RESOLUTION APPROVING A REVISED POLICY FOR
ATHLETIC FIELD USE POLICIES AND PROCEDURES
WHEREAS, the City Council of the United City of Yorkville has considered and
discussed the importance of updating the United City of Yorkville’s policy concerning
athletic field use policies and procedures; and
WHEREAS, the City Council has determined that it desires to update such a policy;
and
WHEREAS, it has been determined to be in the best interests of the United City of
Yorkville to repeal the previous Athletic Field Use Policies and Procedures and adopt a
new policy in the form attached hereto in Exhibit “A”.
NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Athletic Field Use Policies
and Procedures in the form set forth on Exhibit “A” attached hereto and incorporated
herein is hereby adopted as the Athletic Field Use Policies and Procedures of the City and
the Athletic Field Use Policies and Procedures heretofor adopted by the City Council is
hereby repealed in its entirety.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this ________ day of ____________________, A.D. 2012.
______________________________
CITY CLERK
Resolution No. 2012-____
Page 2
LARRY KOT ________ DIANE TEELING ________
JACKIE MILSCHEWSKI ________ CHRIS FUNKHOUSER ________
CARLO COLOSIMO ________ MARTY MUNNS ________
ROSE SPEARS ________ KEN KOCH ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this ________ day of ____________________, A.D. 2012.
______________________________
MAYOR
1
UNITED CITY OF YORKVILLE
PARKS AND RECREATION DEPARTMENT
ATHLETIC FIELD & TOURNAMENT RESERVATION POLICY
Athletic Field Policy
The Athletic Field Reservation policy of the United City of Yorkville has been established to provide a
systematic method by which athletic fields (baseball, softball and soccer) may be reserved by the
residents of the community. A reservation is not required for athletic field use for occasional play or
pick up games, and cannot be used by organized league play. For league play (which includes multiple
days, or week play for both games and practices and a minimum of 50 games are played per calendar
year) a cooperative agreement is required and all reservations will be made through the Parks &
Recreation Staff. For league play (which includes multiple days, or week play for both games and
practices and less than 50 games are played per calendar year) a permit is requires and will guarantee
use for the dates and times specified on the permit.
Objectives
To provide maximum utilization of athletic fields through centralized scheduling
To provide an impartial distribution of athletic fields to the various community groups who
wish to reserve fields
To plan cooperatively with other community agencies to enhance individual and group
recreational needs
To provide recreational activities which take into consideration the needs of the community
To provide the best possible maintenance of athletic fields using available manpower and
monetary resources
Rental Categories
Category A Government and non-profit organizations whose participants are comprised 100% of
United City of Yorkville residents.
Category B Private groups and individuals which are comprised of at least 80% United City of
Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville
boundaries.
Category D Governmental, non-profit organizations, businesses, corporations, and private groups
which are located outside the United City of Yorkville boundaries.
Athletic Field Use Priorities
When scheduling reserved use of athletic fields, the following priorities shall be established:
1. United City of Yorkville Park and Recreation sponsored programs
2. Yorkville School District
3. Youth Leagues that have approved cooperative agreements with the City of Yorkville.
i. League agreements considered in-house (i.e. primarily Yorkville residents playing
games against other Yorkville residents) will be given first priority.
1. In the event there are multiple in-house agreements approved by the
City, priority for field use shall be given to the agreement with more
Yorkville residents as participants. Total field usage between competing
2
in-house agreements shall be proportional to the total amount of
Yorkville residents served by each agreement.
ii. League agreements considered travel (i.e. primarily Yorkville residents playing
games against other area leagues, groups, or organizations) will be given second
priority.
1. In the event there are multiple travel league agreements approved by the
City, priority for field use shall be given to the agreement with more
Yorkville residents as participants. Total field usage between competing
travel league agreements shall be proportional to the total amount of
Yorkville residents served by each agreement.
4. Other athletic programs within the community requesting to reserve an athletic field(s)
on a seasonal basis.
5. Private groups or individuals requesting to reserve an athletic field(s) on a single
or multiple dates.
6. Other
Athletic fields may be used on a drop-in basis by any group or individual without a reservation on a
first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized
league games and practices. Groups or individuals with an approved reservation or permit and City
programs will have priority use.
Groups may not use the fields or parks when the weather conditions are dangerous or when the field
conditions are not acceptable. All groups must adhere to the inclement weather practice for field
conditions; (no standing water, saturated turf conditions, or times when safety is a concern). Each
group must determine for themselves if the fields are in acceptable condition and safe for play prior to
the start of play. The City or Yorkville Park and Recreation Department full time staff has the right to
call the fields at any time. The group or organization can call the City of Yorkville Parks & Recreation
Department full time staff prior to 3pm on the day of play to inquire on the status of the fields to aid in
their determination. Once the field has been prepared for play, the maximum preparation fee refund
that can be requested if the game or practice is cancelled due to inclement weather is 50% of the
preparation fee. Refunds of the daily use fee if the game or practice is cancelled due to inclement
weather can be requested or transferred to another reservation within the same organization. The City
will call the fields for any tournament rental and see the Tournament Policy for refund guidelines.
Request for Athletic Field Reservation
Organizations, groups and individuals desiring to reserve athletic fields shall complete the standard
application for athletic field reservation. In addition, organizations, groups, and individuals shall be
required to submit the following with the application form:
A certificate of insurance – co-naming the United City of Yorkville as an additional insured,
Assumption of liability, and Waiver of subrogation.
The team roster(s) with addresses and signed waiver forms from each player or guardian.
The Recreation Department may request additional information from the desired individual or
groups if it is considered to be in the best interest of the City or necessary to make a decision
regarding the use of a field.
Deposit $100.00 per field, $150.00 per field with lights.
3
Tournament Dates
Priority will be given to the organization or league that rented the fields for that same weekend the
previous year. Please see Tournament Policy for all tournament related information.
Holiday Maintenance Schedule
It will be at the discretion of the Park & Recreation Department on a case by case basis as to the
availability of field preparation on a holiday or holiday weekend. Additional charges will be based on
request to pay staff overtime.
Outside Maintenance
No outside organization will be allowed to perform maintenance, including but not limited to the use
of motorized equipment. Limited hand raking is allowed. For groups chalking fields themselves a
manual chalker must be used.
ATHLETIC FIELD RESERVATION FEES
A. Establishment
The Park Board shall annually (based on fiscal year) recommend fees for the reserved use of athletic
fields based on the premise that fees charged shall be used to partially offset the cost of maintaining
and upgrading the city’s athletic fields. Fees shall be established in the following categories:
1. Soccer Fields and football fields
2. Baseball and softball fields, daylight use
3. Baseball and softball fields, night use with lights
4. Resident, non-resident and commercial use fees
5. Single or multiple and seasonal use fees
6. Tournament use
7. Special use
B. Resident / Non-Resident Users
To qualify for resident fees a group shall consist of 80% or more residents of the United City of
Yorkville, City boundaries. The 80% residency requirement shall be calculated based on the total
number of players using the field, not just on the group requesting use of the field. Residency shall be
determined based on the home address of the individuals as opposed to the business address or the
address of other family members. The Parks and Recreation Department may waive the residency
requirement if it is considered to be in the best interest of the City, or if a cooperative agreement is
approved.
C. Commercial Users
Any group reserving an athletic field for profit making purposes shall be charged the commercial fee.
D. Waiver of Fees to School District, private school groups, or youth organizations
Public and parochial schools that provide school facilities to the City of Yorkville at no charge shall
have free reserved use of City athletic fields. These schools shall provide their own set-up of athletic
fields including, but not limited to, lining, base set-up and hand raking. Should these schools wish to
reserve an athletic field at night with lights, the established lighting costs shall be paid by the school.
The Parks and Recreation Department may give consideration to the waiver or partial waiver of fees
for youth organizations who are party to a cooperative agreement with the City.
4
E. Payment of Fees
Groups reserving an athletic field on a seasonal basis shall be billed by the Parks and Recreation
Department with payment expected according to the following schedule: one half by the first usage
date, and one half by the midpoint of the season. At the end of the season, adjustments will be made
and either an additional billing or a refund of fees paid in excess will occur, whichever is necessary.
A 20% deposit shall be required to guarantee the reservation.
Groups or individuals reserving athletic fields on a single or multiple use basis, shall be required to pay
the established fee at least two weeks prior to the date reserved. A permit shall be issued upon payment
of the fee.
Payment of fees shall be made at the Parks and Recreation Department Offices.
F. Security Deposit
A security deposit will be required per event, tournament or program. The amount will be $100 per
day (no lights) or $150 per day (with lights), to a maximum of $500. The deposit may be forfeited for
incidents such as, but not limited to, those described below:
If an athletic field is damaged due to improper use by the group or individual and requires more
than normal maintenance and/or repair to be restored to its original condition, the group or
individual shall be charged the amount necessary to cover the cost of the required maintenance
and/or repair. If the security deposit does not cover the cost of the damage, an additional
charge will be assessed.
The need for excess clean-up above and beyond normal use.
Unauthorized or inappropriate use of lights.
Barring an incident warranting the forfeiture of part or all of the security deposit, a full refund of the
security deposit shall be paid within thirty (30) days following the event, program or league.
ATHLETIC FIELD RESERVATION POLICY
ATHLETIC FIELD RESERVATION FEES
The fee schedule will be reviewed and adjusted annually based fiscal expenses. Fees charged shall be
used to partially offset the cost of maintaining and upgrading the City’s athletic fields. All fees are
subjected to changing without notice.
Category A Government and non-profit organizations whose participants are comprised 100% of
United City of Yorkville residents
Category B Private groups and individuals which are comprised of at least 80% United City of
Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville
boundaries.
Category D Governmental, non-profit organizations, businesses, corporations, and private groups
which are located outside the United City of Yorkville boundaries.
A. Daily Fees (per field use)
Ctg A Ctg B Ctg C Ctg D
0-2 hours $20 $25 $30 $40
5
2-4 hours $25 $30 $35 $50
4-6 hours $30 $40 $50 $60
6-8 hours $35 $45 $55 $70
Fees are based on a “per field basis” without usage of lights. Refunds of the daily use fee can be
requested or transferred to another reservation within the same organization if the game or practice is
cancelled due to inclement weather.
B. Preparation of Fields Fee
Baseball / softball field prep – includes bases, fine dragging and lining (one prep per day).
Weekday $35.00 per day per field
Weekend $45.00 per day per field
*50% of preparation fees will be charged if there is inclement weather that results in cancellation of
the game.
Soccer field prep - includes nets, lining of the field
Initial Layout Fee ………………………………………………………...$175.00
Weekly Maintenance Fees:
Large Field (100 yds x 70 yards or 80 yds x 50 yds)………..........$100.00
Medium Field (60 yds x 40 yds or 45 yds x 30 yds)………….........$80.00
Small Field (35 yds x 25 yds or 30 yds x 20 yds)……………….....$60.00
C. Lights Fees
Weekday or weekend - minimum $45.00 fee for first hour, $30.00 for each additional hour per field
D. Special Use Fees
Water access fee - $20.00
Electrical access fee - $20.00. Must supply your own extension cords.
Please reference the concession stand / vendor operation policy for special use request and
tournaments.
E. Seasonal / Long Term Use Fees
To be determined for each organization and the requests, per Athletic Reservation Fee Schedule. Any
organization that has a cooperative agreement must have a minimum of 50 games per calendar year.
F. Portable Toilet Fee
If the organization requests a portable toilet at the field to use, the organization must pay the monthly
fee for the portable toilet. The port-o-let must be placed at the field by the City only.
General Policies and Procedures for use of the United City of Yorkville Parks, Fields and Facilities
may be found on page 9.
6
TOURNAMENT POLICY
TOURNAMENT - ATHLETIC FIELD RESERVATION
Any groups wishing to host a tournament shall have an approved athletic field reservation prior to
submitting a bid to host a tournament. Applications for Tournament requests may be submitted
beginning Sept. 1st for the general public. The scheduling and approval is on a first come, first serve
basis. Priority will be given to the organization or league that rented the fields for that same weekend
the previous year.
Written requests for tournament athletic field reservations and special requests shall be submitted to
the Parks and Recreation Department according to the deadlines listed below. In addition, certificate
of insurance, team rosters and signed waiver forms for each player participant shall be submitted to the
Parks and Recreation Department at least one week prior to the tournament date. Athletic field
reservation requests shall be approved by the Parks and Recreation Department. Special tournament
and use requests shall be approved by the Park Board.
The group or organization requesting the use of the fields for tournament use is responsible for all
participant and players conduct while on the fields, park, surrounding areas including parking lot. All
players attending a tournament or other uses of the athletic fields shall adhere to this entire policy and
the items listed below. Any violation of these policies can impact the current and future uses of all
City fields and / or facilities. Furthermore, the group assumes all responsibility for the repair or
replacement of damage as a result of misuse of the field, equipment or park amenities.
A. Guidelines & Fees
Baseball/ Softball Fields @ Bridge Park – Weekend Tournament Fees (Fri. – Sun)
Tournament Rental Fee - $1,200.00 per event. (3 day)
Includes:
Bridge Park Fields (3 Fields)
Rental Time:
- Friday 3:00 pm – 9:45 pm
- Saturday 9:00 am – 9:45 pm
- Sunday 9:00 am – 6:00 pm
Lights at Bridge Park Fields (available from 6:00 pm to 9:45 pm each night – all play must
end by 9:45 pm, no exceptions)
Fields will be prepared and lined each morning; Friday, Saturday, and Sunday.
If all 3 fields are not being used the City has the right to not open the concession stand.
Friday-Saturday Fee - $800.00 (2 day)
Bridge Park Fields (3 Fields)
Rental Time:
- Friday 3:00 pm – 9:45 pm
- Saturday 9:00 am – 9:45 pm
Lights at Bridge Park Fields (available from 6:00 pm to 9:45 pm each night – all play must
end by 9:45 pm, no exceptions)
Fields will be prepared and lined each morning; Friday and Saturday.
If all 3 fields are not being used the City has the right to not open the concession stand.
If one of the days are rained out the fee to play Sunday is $400.00.
7
A fee of $150.00 will be assessed for play after 6:00 pm on Sundays (lights are available at no
additional fee until 9:45 pm. All play must end by 9:45 pm no exceptions).
Games will not start before 9:00 am.
Additional fields may be available for an additional fee ($250.00 per field per weekend).
Additional days may be available for an additional fee.
A. Schedule Due
Tournament Schedule or start & ending times and field dimensions, for each day of the tournament, are
due by Monday, at 11:00 am, the week of the tournament to ensure the concession stand, field
preparation, bathrooms and lights will be staffed.
Any changes to the submitted schedule before or during the Tournament must be approved by the
Superintendent of Parks and the Superintendent of Recreation.
B. Special Use Fees
Water access fee - $20.00
Electrical access fee - $20.00, must supply your own extension cords.
Concession – please see Concession Stand Operation below.
C. Payment of Fees
Groups reserving a weekend tournament must pay the security deposit, 20% of the tournament fees and
have an active credit card on file at time of reservation. All tournament fees will be paid in full two
months before the tournament dates.
D. Refund of Tournament Fees
A tournament is considered one entity even though it may span multiple days.
To receive a full refund of the tournament package the group or individual must provide written
notification of cancellation to the Parks and Recreation Department at least two months prior to the
date reserved.
To receive a 50 percent refund of the tournament package the group or individual must provide written
notification of cancellation to the Parks and Recreation Department at least ONE MONTH prior to the
date reserved.
To receive a fifty percent refund due to possible inclement weather the group or individual must
provide written or verbal notification of cancellation to the Parks and Recreation Department by 4:00
pm the day prior to the date reserved.
No credit will be given for unused rain days during tournament play.
No refunds after the reserved day has arrived.
Payment of fees shall be made at the Parks and Recreation Department Administration Offices
E. Security Deposit
8
A security deposit will be required per event, tournament or program. The amount will be $100 per
day (no lights) or $150 per day (with lights), to a maximum of $500. The deposit may be forfeited for
incidents such as, but not limited to, those described below:
If an athletic field is damaged due to improper use by the group or individual and requires more than
normal maintenance and/or repair to be restored to its original condition, the group or individual shall
be charged the amount necessary to cover the cost of the required maintenance and/or repair. If the
security deposit does not cover the cost of the damage, an additional charge will be assessed.
The need for excess clean-up above and beyond normal use.
Unauthorized or inappropriate use of lights.
Barring an incident warranting the forfeiture of part or all of the security deposit, a full refund of the
security deposit shall be paid within thirty (30) days following the event, program or league
F. Special Requests
Any special tournament requests for any variances shall be submitted in writing along with the athletic
field reservation request. Special tournament requests shall include, but are not limited to, use of field
lights, fundraising activities (i.e. shirts, hats, photos, etc), extended park hours use, use of a public
address system, admission charges, additional bleachers, additional field maintenance, use of
temporary fencing, and water or electrical access. There will be a $50.00 fee, per booth (tent), for all
non-food items to be sold. Organizations that have an approved cooperative field-use agreement with
the City are allowed to have two 10’x10’ booths or tents on-site each day of the tournament at no-cost.
Non-profit organizations that have rented the field are allowed to have two booths or tents at no cost,
and must be staffed by members or volunteers for the organization and must be associated with the
organization’s purpose.
G. Concession Stand Operation
The Yorkville Parks and Recreation Department will have washrooms and a concession stand available
for players and spectators for the duration of the tournament if all 3 fields are in-use during the
tournament. If all 3 fields are not used, the concession stand may be closed at the discretion of the
Parks and Recreation Department. Organizations will be able to sell food products (NO
BEVERAGES), for fundraising purposes, that DO NOT coincide with the Concession Stand menu.
There will be a fee of $100.00 to sell items for the entire weekend. The $100 fee is waived for non-
profit organizations for two booths during tournaments in which the non-profit organization has rented
the field, and must be staffed by members or volunteers for the organization. The menu and fee MUST
be submitted to the Yorkville Parks and Recreation Department for approval, no later than two weeks
before the tournament. Once approved, the Organization is responsible for contacting the Kendall
County Health Department and obtaining all necessary permits. NOTE: The Kendall County Health
Department has restrictions regarding the sale of meat products. You may contact them at 630-553-
9100 for more information. Booth(s), tent(s) location will be determined by staff. Due to liability
concerns, only city employees are allowed in Concession Stands.
H. Rain
In the event of rain a representative of the Parks & Recreation Department will determine if the fields
are playable. No attempt will be made to bring the fields into playable condition. If after one hour
fields are still not playable due to rain or inclement weather all play will be canceled for that day. No
credit or vouchers will be given for tournament cancellations due to inclement weather called by Parks
& Recreation Staff.
9
GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF
YORKVILLE PARKS, FIELDS AND FACILITIES
• No equipment or permanent signage will be added or installed to the park without the
permission of the United City of Yorkville Park and Recreation Department. Any
improvements to the park will be through a donation to the City, and therefore become the
property of the City.
• No ball hitting or pitching into fences or dugouts is allowed, with the exception of light weight
plastic practice balls.
• Each party will report any damage and or maintenance concerns to the Park and Recreation
Department immediately.
• Coordination of work involving the Park and Recreation Department staff or use of the
equipment will generally require a two-week notice, for scheduling purposes.
• Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the
fields proper.
All requests for use of fields, or park(s) must be in writing.
• Due to the scheduling or early setups for the other functions, all groups and organizations are
requested to use only the area, field, or park that has been assigned to them.
• No group may meet in the United City of Yorkville parks that practices discrimination in any
manner, or partisan political activities of any kind. Non-partisan public meetings and
information forums are permitted.
• No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed
on the premises. Failure to follow this rule will result in forfeit of deposit, assessed damage
fees and privileges immediately. Recreation and Park Department staff as well as the Yorkville
Police Department may be patrolling and monitoring the event at the discretion of the United
City of Yorkville staff.
• Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible
for litter control and pick up. Damage or excessive litter may result in a loss of privileges and
use.
• Groups may not use the fields or parks when the weather conditions are dangerous or when the
field conditions are not acceptable. All groups must adhere to the inclement weather practice
for field conditions; (no standing water, saturated turf conditions, or times when safety is a
concern). Each group must determine for themselves if the fields are in acceptable condition
and safe for play prior to the start of play. The City or Yorkville Park and Recreation
Department full time staff has the right to call the fields at any time. The group or organization
can call the City of Yorkville Parks & Recreation Department full time staff prior to 3pm on
the day of play to inquire on the status of the fields to aid in their determination. Once the field
has been prepared for play, the maximum preparation fee refund that can be requested if the
game or practice is cancelled due to inclement weather is 50% of the preparation fee. Refunds
of the daily use fee if the game or practice is cancelled due to inclement weather can be
10
requested or transferred to another reservation within the same organization. The City will call
the fields for any tournament rental and see the Tournament Policy for refund guidelines.
• Groups must adhere to all city ordinances, policies and procedures when using the facilities,
parks and fields. (Sign Ordinance, Building Rental Policies, Lightening Prediction Policy, and
weather warning alarm system, and any other city guidelines that pertain to the use of City
owned property).
• When ball field lights are utilized, a park and recreation department employee, tournament
director, or the representative of a private rental, will be the designee for acquiring the key for
the electrical box and turning lights on and off according to posted instructions and for
unlocking and locking the bathrooms. The use of lights will require the payment of a fee to
offset electrical costs. In addition, a refundable deposit may be required prior to the beginning
of the season or event, which can be forfeited for unauthorized or inappropriate use of the
lights.
• All play at Bridge Park ballfields must end no later than 9:45 pm, everyday. Lights will be
turned off at 9:45 pm everyday, no exceptions.
• No port-o-lets can be rented by an organization that is not rented by the Parks & Recreation
Department. The City will only charge the user the amount it costs to rent the portable toilet
unit.
11
APPLICATION FORM
ATHLETIC FIELD & TOURNAMENT RESERVATION
UNITED CITY OF YORKVILLE PARKS AND RECREATION DEPARTMENT
Please indicate type of Group requesting use of athletic field by circling the appropriate category
Category A Government and non-profit organizations whose participants are comprised 100% of United
City of Yorkville residents
Category B Private groups and individuals which are comprised of at least 80% United City of
Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville boundaries.
Category D Governmental, non-profit organizations, businesses, corporations, and private groups which
are located outside the United City of Yorkville boundaries.
Group or Individual Name _______________________________________________________________
Contact Person: __________________________ Address _______________________________
Home Phone: ________________________ Work Phone: ___________________ Email _______
FIELDS, DATE(s) / TIME(s) REQUESTED: __________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Special Use requests (lights, concessions, water, electrical, other).
______________________________________________________________________________________
In order complete the athletic field request, the following documents must be forwarded to the Parks
and Recreation Department:
1) A certificate of insurance with minimum coverage of $2,000,000 aggregate – co-naming the United
City of Yorkville as an additional insured, Assumption of liability, and Waiver of subrogation.
2) The team roster(s) with addresses and signed waiver forms from each player or guardian.
OFFICIAL USE
Addition information requested _____________________________________________________________
Reservation Amount _____________________ Deposit amount ___________________________
Date of Request _________________________ Date Received ____________________________
Staff Initials ____________________________ Approved / Denied _________________________
Refund Requested________________________ Field(s) Assigned __________________________
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Public Works
_______________
Agenda Item Number
CA #4
Tracking Number
PW 2012-58
Water Department Reports for July & August 2012
City Council – October 23, 2012
Majority
Approval
Eric Dhuse Public Works
Name Department
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
A request seeking the endorsement of the Yorkville City Council supporting the implementation
of a conservation plan for lands surrounding the lower Fox River to protect high quality natural
areas and open space, while provided environmental benefits to the community such as storm-
water runoff and flooding abatement, better water quality, erosion control and continued wildlife
habitat, as presented by the non-profit organization, The Conservation Foundation.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
CA #5
Tracking Number
PW 2012-59
Resolution Endorsing the Lower Fox River Land Conservation Project Plan
City Council - October 23, 2012
PW 10-16-12
PW Committee recommends approval.
PW 2012-59
Majority
Approval
A resolution endorsing the implementation of the Lower Fox River Land Conservation
Project Plan facilitated by The Conservation Foundation, a non-profit organization.
Krysti J. Barksdale-Noble, AICP Community Development
Name Department
Resolution No. 2012-____
Page 1
Resolution No. 2012-_____
RESOLUTION ENDORSING IMPLEMENTATION OF THE
LOWER FOX RIVER LAND CONSERVATION PROJECT PLAN
WHEREAS, the Illinois Department of Natural Resources and U.S. Fish and Wildlife
Service identify high priority and high risk natural resource areas for protection and potential
funding support as a part of the Illinois Wildlife Action Plan; and
WHEREAS, THE Illinois Wildlife Action Plan identifies the Lower Fox River basin in
Kendall and LaSalle Counties as one of thirty-one Conservation Opportunity Areas (COA) in the
state;
WHEREAS, The Conservation Foundation served to facilitate a Lower Fox River CAO
Planning Steering Committee, comprised of public and private partners from Kendall and
LaSalle Counties, which collaborated to form a unified vision for the protection of high quality
natural areas in the Lower Fox River COA; and
WHEREAS, protecting high quality natural areas and open space will result in
environmental benefits for the community including stormwater runoff and flooding abatement,
better water quality and groundwater recharge, continued wildlife habitat; erosion protection and
WHEREAS, open space can enhance property values, tourism and economic value;
WHEREAS, a unified plan developed through consensus will result in better and more
cost effective open space protection through coordinated planning and more opportunity for
grants and other funding; and
WHEREAS, a majority of governmental planning entities in the Lower Fox COA have
actively participated in providing mapping and staff support to develop the plan;
WHEREAS, it would be advantageous for public entities and private landowners; The
Conservation Foundation and other not-for-profit land conservation organizations to work to
implement this Plan;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
United City of Yorkville that the United City of Yorkville endorses this vision for their
community and agrees to work cooperatively on the implementation of the plan.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, A.D. 2012.
______________________________
CITY CLERK
Resolution No. 2012-____
Page 2
ROSE ANN SPEARS ________ DIANE TEELING ________
GEORGE GILSON JR. ________ JACKIE MILSCHEWSKI ________
CARLO COLOSIMO ________ MARTY MUNNS ________
CHRIS FUNKHOUSER _______ LARRY KOT ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________ 2012.
______________________________
MAYOR
T H E C O N S E R V A T I O N F O U N D A T I O N
“A Voluntary Land Conservation
Program”
Lower Fox River
Land Conservation
Planning Project
(LFR LCPP)
Fox River Ecosystem Partnership
March 21, 2012
T H E C O N S E R V A T I O N F O U N D A T I O N
Lower Fox River
Land Conservation
Planning Project
(LFR LCPP)
“A Voluntary Land
Conservation Program”
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
What is the LFR LCPP?
To identify and prioritize parcels of land
for preservation (public or private) that
will have the most impact in preserving
open space and natural areas in the
Lower Fox “Conservation Opportunity
Area”(COA), as defined in the Illinois
Wildlife Action Plan, through a resource
supported, stakeholder driven process.
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
Who is leading this
planning effort?
•Planning input and final product by the
Stakeholders’ Planning Committee,
including landowners, agency staff,
business owners, etc.
•Facilitation by The Conservation
Foundation
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
We Save Land. We Save Rivers.
The Conservation Foundation
Our Mission
To preserve natural areas and open space,
protect rivers and watersheds, and
promote stewardship of our
environment.
T H E C O N S E R V A T I O N F O U N D A T I O N
LFR LCPP
Mission
To encourage voluntary actions that
will preserve and protect the highest
quality natural areas in the Lower
Fox River watershed.
BM
T H E C O N S E R V A T I O N F O U N D A T I O N
How is this planning project
funded?
•Illinois Clean Energy Community
Foundation grant
•Christopher B. Burke Engineering, Ltd. -
In-kind GIS and mapping
•Stakeholders – In-kind participation
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
Goals and Objectives:
•Develop a prioritized list of potential parcels to be
preserved in the LFR COA
•Develop a list of potential preservation entities and
funding sources
•Create tools for use in future planning and protection
efforts: GIS map of parcels & stakeholders’ interactive
website to update progress
•Obtain endorsement of plan from local private and public
entities
•Encourage a stronger understanding of protection of
natural resources
T H E C O N S E R V A T I O N F O U N D A T I O N
What is the
IL Wildlife Action Plan?
(IL – WAP)
•US FWS, 2005 – develop strategic plan with a focus on
wildlife in greatest need of conservation in the state
(http://dnr.state.il.us/orc/wildliferesources/theplan)
•Fed. conservation and wildlife project grants
•Species, habitat, problems, actions needed,
monitoring and responding to assessments,
coordination between agencies and with broad public
participation.
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
What is a
Conservation Opportunity Area
(COA)?
•State WAP plan organized by COA’s for
assessment and implementation (31)
•Areas defined as areas having wildlife
and habitat of statewide importance,
willing partners, financial and human
resources, conservation purpose and
objectives
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
We Save Land. We Save Rivers.
Lower Fox
River
COA
121,699 acres
190.2 sq. mi.
T H E C O N S E R V A T I O N F O U N D A T I O N
Why a Lower Fox River
Conservation Opportunity Area ?
We Save Land. We Save Rivers.
•1 of 31 in IL (Aug., 2010 – “Outdoor Illinois”)
•Threat*
Loss of Habitat
•Conservation Priority*
Stream protection
•Planning importance*
Presence and leadership of Partners
(* An Assessment of IL COA’s, IDNR, 2009)
T H E C O N S E R V A T I O N F O U N D A T I O N
Why a Lower Fox River
Conservation Opportunity Area ?
We Save Land. We Save Rivers.
“The reach of the Fox River that runs
the 36 miles from Yorkville to the
Illinois River at Ottawa is one of the
most physiographically and botanically
interesting areas in the state of IL”
(Native Habitat Inventory, Lower Fox River,
1999, IDNR)
T H E C O N S E R V A T I O N F O U N D A T I O N
Why a Lower Fox River
Conservation Opportunity Area ?
We Save Land. We Save Rivers.
Steep glacial till and sandstone bluffs
Wetlands, fens and seeps
Prairie plateaus
Native flora and fauna
Forested bluffs
Unique geological formations
Aesthetic, environmental, economic implications
BM
T H E C O N S E R V A T I O N F O U N D A T I O N
How will priority areas
be identified?
•Through the Stakeholders Committee
discussion process, criteria will be
developed to identify high quality and
related areas that may have priority for
preservation.
•Assistance of Technical Advisory Comm.
•Assimilation of existing open space and
related plans, ie. municipal, county, FP, PD
T H E C O N S E R V A T I O N F O U N D A T I O N
What happens if a land parcel
is identified in the plan?
•Identification of a parcel does not determine or
require any specific action – any future action is
strictly voluntary
•Publicly-owned: plan supports effort for future
funding for maintenance, development,
expansion, etc.
•Privately-owned: plan supports landowner’s
rights and ability to sell or protect by easement
when/if desired
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
What Benefits are there to
Completing this Plan?
•Coordinated effort to review priority lands for
potential future protection in the Lower Fox
River area
•Potential funding sources and protection
methods identified
•Future potential of enhanced sale or protection
opportunities
•Increased awareness of natural area protection
We Save Land. We Save Rivers.
T H E C O N S E R V A T I O N F O U N D A T I O N
Who will be the ultimate owners of
protected land?
•Location, availability of funding sources,
desires of property owners will all help
determine ultimate ownership/easement
•Governmental – Public - municipalities,
counties, park districts, state of IL –
ownership or easement
•Non-governmental – private landowners -
conservation easements
T H E C O N S E R V A T I O N F O U N D A T I O N
Contacts
•Brook McDonald, President and CEO
•Dan Lobbes, Director of Land Protection
•John Church, LFR LCPP Project Manager
The Conservation Foundation
Ph. 630-553-0687 or 630-428-4500
jchurch@theconservationfoundation.org
www.theconservationfoundation.org
We Save Land. We Save Rivers.
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
CA #6
Tracking Number
PW 2012-60
MFT Appropriation for Salt Storage
City Council – October 23, 2012
PW 10-16-12
PW Committee recommends approval.
PW 2012-60
Majority
Approval
First of six annual payment for salt storage at the KC Highway Dept. salt
storage facility.
Eric Dhuse Public Works
Name Department
Earlier this year the City Council agreed to purchase 1000 tons of salt storage space at the new
salt storage facility at the Kendall County Highway Department. This is the first of six equal
payments of $7500.00 that will come from our MFT budget. I have attached the agreement for
your review.
I would ask that this be placed on the October 16, 2012 Public Works Committee agenda for
discussion. If you have any questions or need more information, please let me know.
Memorandum
To: Public Works Committee
From: Eric Dhuse, Director of Public Works
CC: Bart Olson, Administrator
Date: October 1, 2012
Subject: MFT resolution for salt storage
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Consultant
_______________
Agenda Item Number
Minutes #2
Tracking Number
CC 2012-76
Minutes of the City Council – October 9, 2012
City Council – October 23, 2012
Majority
Approval
Approval of minutes.
City Clerk Warren
Name Department
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY, OCTOBER 09, 2012
Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Warren called the roll.
Ward I Koch Present
Colosimo Present
Ward II Milschewski Present
Kot Present
Ward III Munns Absent
Funkhouser Present
Ward IV Spears Present
Teeling Absent
Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson, Police Chief Hart, Deputy
Chief of Police Hilt, Finance Director Fredrickson, EEI Engineer Sanderson, Community Development
Director Barksdale-Noble, Director of Park and Recreation Schraw
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Alderman Funkhouser requested that Item #6 on the consent agenda, Resolution Approving a Revised
Policy for Athletic Field Use Policies and Procedures (CC 2012-72), be moved to the regular agenda
under Park Board. Alderman Spears requested that Item #7 on the consent agenda, Ordinance to Set a
Date for a Public Hearing for the Downtown Yorkville Business Development District (EDC 2012-49),
be moved to the regular agenda under Economic Development Committee Report.
Amendment approved unanimously by a viva voce vote.
PRESENTATIONS
Certificate of Appreciation for “Big Day of Service”
Mayor Golinski announced the Big Day of Service was an incredible day. There were several hundred
teens from across the state that came and did service projects in Yorkville and county wide. Pastor Erik
Gauss, Cross Lutheran Church, thanked the community. He acknowledged that there is no Big Day of
Serving without everyone partnering together. Pastor Gauss pointed out the stats of how many bricks
were laid and how many volunteers attended. Each participant paid to come in order to serve in the name
of Jesus. Pastor Gauss listed some of the local area projects that the volunteers worked on. Businesses
donated food, paint, and supplies. Pastor Gauss commented that he just organized the man hours. Mayor
Golinski presented a certificate of appreciation to Pastor Gauss for the “Big Day of Service.”
Presentation to Special Olympian Jeremy Kuehn
Mayor Golinski remarked that every year the City Council has a competition with the Park Board in the
beer tent at Hometown Days. This is to see how many tips can be raised for a worthy cause. Alderman
Spears mentioned that Jeremy Kuehn was a special Olympian in Yorkville. Jeremy Kuehn’s father
remarked that Jeremy Kuehn had been selected on a USA National team, for cross country skiing, to go to
Korea in January. He is one of the 150 special Olympians on the team. Mayor Golinski announced that
$300 in tips was raised and the City would like to donate that to Mr. Kuehn. Mayor Golinski presented a
check to Special Olympian Jeremy Kuehn.
Presentation of the 2012 Comprehensive Annual Financial Report
Mayor Golinski stated the City has its presentation of the 2012 comprehensive annual financial report.
Finance Director Fredrickson introduced Jamie Wilkey, Lauterbach & Amen, LLP, who gave an
overview of the audit process. She discussed the different sections of the audit and pointed out a couple of
key items in each of those sections. Mayor Golinski congratulated and thanked Finance Director
Fredrickson and his team. This is the first year that the City of Yorkville has received this certificate of
achievement for excellence in financial reporting. City Administrator Olson gave a power point
presentation on the 2012 comprehensive annual financial report. (See attached.) He presented a historical
perspective of where the City of Yorkville has been and where the numbers have been the past couple of
years. The City is already working on the fiscal year 14 budget roll out. The City is proposing to do a
similar process as last year.
DRAFT
The Minutes of the Regular Meeting of the City Council – October 09, 2012 – Page 2 of 4
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Bills for Payment - $632,908.05 (CC 2012-71)
2. Monthly Treasurer’s Report for August 2012 (ADM 2012-50)
3. Ordinance 2012-32 Amending the Code of Ordinances Regarding Cultural Commission –
authorize Mayor and City Clerk to execute (ADM 2012-52)
4. Disposal of City Property – Caboose – authorize sale of the City’s caboose through the sealed bid
process (ADM 2012-53)
5. Ordinance 2012-33 Regarding City Council Procedures (Citizen Comments) – authorize Mayor
and City Clerk to execute (CC 2012-49)
6. Ordinance 2012-34 Directing the Sale of Real Property (Lot 6 Van Emmon Street) – authorize
Mayor and City Clerk to execute (EDC 2012-50)
7. Resolution 2012-25 Authorizing an Alternative Method of Sale of Surplus Property Owned by
the United City of Yorkville (201 West Hydraulic Avenue) – authorize Mayor and City Clerk to
execute (EDC 2012-51)
Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman
Kot; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-6 Nays-0
Colosimo-aye, Milschewski-aye, Spears-aye,
Funkhouser-aye, Koch-aye, Kot-aye
MINUTES FOR APPROVAL
None.
REPORTS
MAYOR’S REPORT
Appointment to Board of Fire & Police Commissioners – Steve Bozue
(CC 2012-73)
Mayor Golinski entertained a motion to approve the Mayor’s appointment of Steven Bozue Sr. to the
Board of Fire and Police Commissioners to serve the remainder of Margie Putzler’s term of office. So
moved by Alderman Colosimo; seconded by Alderman Kot.
Motion approved by a roll call vote. Ayes-6 Nays-0
Spears-aye, Colosimo-aye, Funkhouser-aye,
Milschewski-aye, Koch-aye, Kot-aye
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Electronic Signs – Proposed Sign Ordinance Amendment
(EDC 2012-53)
Mayor Golinski mentioned something was left out of the packet that was e-mailed earlier. Community
Development Director Barksdale-Noble stated what was in the packet was what was provided to the EDC
earlier this month. Staff went back to that meeting and took the comments from the EDC. Then staff put
together recommendations. She had those recommendations and stated tonight’s information is
informational only. She went over the comments that staff proposed from listening to that meeting. Staff
will be presenting an ordinance to the City Council on October 23, 2012. Community Development
Director Barksdale-Noble wanted to get feedback from the City Council on their feeling of animation
versus video. Animation refers to the text moving across the screen and video would allow movement of
pictures. Staff’s preference is no videos. The City would be allowed to use pictures and pictures can
transition several seconds but no animation of the actual picture. There would be animation of the text.
Mayor Golinski asked the reason for staff’s recommendation. Community Development Director
Barksdale-Noble stated that animation of videos can be distracting. If the Council does want animation of
actual pictures the staff would suggest that the City limits it to developments such as movie theatre signs.
Those signs are higher up and not at the eye level of vehicles. Most communities don’t allow videos.
Alderman Funkhouser was not in favor of full out animation or of limiting the transitions. Alderman
Colosimo agreed with the no video recommendation, but does like the exception for the movie theatre.
Alderman Spears agrees for the movie theatre and thinks the City should have videos for that. Mayor
Golinski stated he is in agreement with Alderman Colosimo and Alderman Spears. Alderman Koch asked
The Minutes of the Regular Meeting of the City Council – October 09, 2012 – Page 3 of 4
how this works with previous business when it comes to their signage. Community Development Director
Barksdale-Noble stated it is a text amendment so after it is approved, anyone can come get a sign permit
and install a digital sign as long as it meets the criteria. Alderman Colosimo asked how the content is
regulated. Community Development Director Barksdale-Noble pointed out that the City’s original sign
ordinance limits that type of language. The language can only relate to each specific business. Mayor
Golinski mentioned Oswego had a shut off time for the video. He asked if Yorkville has anything like that
in the City’s recommendations. Community Development Director Barksdale-Noble stated there is no
shut off time just a dimmer for after hours. She asked if the Council wanted a shut off time. Alderman
Colosimo suggested the City should have a certain radius for shut off times having to do with residential
areas. Mayor Golinski thought that made sense.
Ordinance 2012-35 to Set a Date for a Public Hearing for the Downtown
Yorkville Business Development District
(EDC 2012-49)
Mayor Golinski entertained a motion to approve an ordinance to set a date for a public hearing for the
downtown Yorkville business development district and authorize the Mayor and City Clerk to execute.
So moved by Alderman Kot; seconded by Alderman Milschewski.
City Attorney Orr was grateful to Alderman Spears for taking this off consent agenda. The date has been
set but was blank on the agreement. The date of November 13, 2012, needs to be inserted. The public
notice stated that it is imposing a .5% retailer’s service. The City would like to give the Council the
opportunity to use their authority and base it on different projects. So instead of saying imposing a .5%,
then say that the statue permits that it is imposing up to 1%. It doesn’t mean the Council is imposing 1%,
but it means that there is flexibility for a particular business or project that may come before the Council.
City Administrator Olson stated the change from .5% to 1% was a developer cost. Alderman Spears
pointed out that village is listed in several areas and on page three, item three, she would like to have that
taken out. The City has already passed an ordinance that it would never acquire a property by eminent
domain. City Attorney Orr stated the Council is voting on the ordinance setting the date for the public
hearing. Alderman Spears and City Attorney Orr discussed the downtown business district project costs.
They discussed the developer’s costs and the reimbursement of the money. They discussed the City’s
responsibility and the tax money. City Administrator Olson stated that at this point the developer is not
asking for any funds. City Attorney Orr appreciated the Council’s input. This was distributed so the
Council could read it as many times as they felt was needed.
Motion approved by a roll call vote. Ayes-5 Nays-0 Abstain-1
Koch-aye, Kot-aye, Spears-aye,
Colosimo-aye, Funkhouser-abstain, Milschewski-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
Resolution Approving a Revised Policy for Athletic Field Use Policies and Procedures
(CC 2012-72)
Mayor Golinski entertained a motion to approve a resolution approving a revised policy for athletic field
use policies and procedures and authorize the Mayor and City Clerk to execute. So moved by Alderman
Milschewski; seconded by Alderman Funkhouser.
Alderman Funkhouser wanted Director of Park and Recreation Schraw to clarify some language issues.
He wanted to make sure all the language read the way it should. There was discussion between them for
clarification. Alderman Colosimo stated that on the first page the word permit was crossed out and
replaced with the words cooperative agreement. There are various areas throughout the agreement where
it refers to a permit. If the City is going to change the word permit then it should be changed throughout
the whole agreement. Director of Park and Recreation Schraw stated there is a difference. If they are just
renting the field for a game then that is a permit. If the cooperative agreement itself is actually between
the City and the baseball organization then that is a separate executed agreement. Alderman Colosimo
asked that the contract be looked through another time to make sure permit and cooperative agreement are
used correctly and placed where needed.
Mayor Golinski entertained a motion to table to the October 23, 2012, City Council meeting. So moved
by Alderman Funkhouser; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-6 Nays -0
Funkhouser-aye, Milschewski-aye, Koch-aye,
Kot-aye, Spears-aye, Colosimo-aye
The Minutes of the Regular Meeting of the City Council – October 09, 2012 – Page 4 of 4
PLAN COMMISSION
No report.
ZONING BOARD OF APPEALS
No report.
CITY COUNCIL REPORT
No report.
CITY CLERK’S REPORT
No report.
CITY TREASURER’S REPORT
No report.
COMMUNITY & LIAISON REPORT
Fire And Safety Festival
Mayor Golinski announced that Saturday October 13, 2012, is the Fire and Safety Festival. It is being
held by the BKFD at the fire house on Kennedy. Mayor Golinski, Police Chief Hart, and Alderman
Colosimo will all take a turn in the pie in the face booth for about ten minutes. Police Chief Hart stated
that child safety seat installs will be done during the festival.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
Alderman Kot’s Award
Alderman Spears stated Alderman Kot was presented with an outstanding award today. Alderman Spears
was told that it was a great honor and he should be recognized for it. Alderman Kot stated anyone that has
worked for the Illinois State Police knows that an investigation cannot be commented on, but he does
appreciate Alderman Spears mentioning it. He was just doing his job.
EXECUTIVE SESSION
Mayor Golinski stated there is an executive session listed on the agenda, but he doesn’t think the Council
needs to have an executive session. Mayor Golinski is doing reviews for City Administrator Olson and
Police Chief Hart. If any of the Council has any input on their reviews, Mayor Golinski stated they may
contact him.
ADJOURNMENT
Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Colosimo;
seconded by Alderman Koch.
Motion approved by a roll call vote. Ayes-6 Nays-0
Spears-aye, Colosimo-aye, Funkhouser-aye,
Milschewski-aye, Koch-aye, Kot-aye
Meeting adjourned at 8:01 p.m.
Minutes submitted by:
Beth Warren,
City Clerk, City of Yorkville, Illinois
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Consultant
_______________
Agenda Item Number
Minutes #1
Tracking Number
CC 2012-75
Minutes of the City Council – September 25, 2012
City Council – October 23, 2012
Majority
Approval
Approval of minutes.
City Clerk Warren
Name Department
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY, SEPTEMBER 25, 2012
Mayor Golinski called the meeting to order at 7:00 p.m. and led the Council in the Pledge of Allegiance.
ROLL CALL
City Clerk Warren called the roll.
Ward I Koch Present
Colosimo Present
Ward II Milschewski Present
Kot Present
Ward III Munns Present
Funkhouser Present
Ward IV Spears Present
Teeling Present
Also present: City Clerk Warren, City Attorney Orr, City Administrator Olson, Police Chief Hart,
Deputy Chief of Police Hilt, Public Works Director Dhuse, Finance Director Fredrickson, EEI Engineer
Sanderson, Community Development Director Barksdale-Noble
QUORUM
A quorum was established.
AMENDMENTS TO THE AGENDA
Alderman Colosimo requested that Item #2 on the consent agenda, South Shell Gas Station Groundwater
(PW 2012-49), be moved to the regular agenda under Public Works. Mayor Golinski asked that EDC # 3
Countryside Concept PUD Plan and Incentive Agreement (CC 2012-70) be moved after consent agenda.
Amendment approved unanimously by a viva voce vote.
PRESENTATIONS
Swearing-in of Patrol Officer – Stephen Klett
Mayor Golinski swore in Patrol Officer Stephen Klett.
PUB LIC HEARINGS
None.
CITIZEN COMMENTS
Stephenie Todd, Oswego, spoke on the Old Jail. She believed the City should not sell this property.
CONSENT AGENDA
1. Bills for Payment - $518,247.91 (CC 2012-66)
2. Safe Routes to School (PW 2012-50)
a.IDOT Local Agency Agreement for Federal Participation – authorize Mayor to execute
b.EEI Phase III Construction Engineering Services Agreement for Federal Participation –
authorize Mayor and City Clerk to execute
3. ComEd Customer Work Agreement for Cannonball Trail/Route 47 Utility Relocations –
authorize the Mayor to execute (PW 2012-51)
5. Recreational Trail Program (RTP) Grant Project Agreement for Clark (Hopkins) Park – authorize
Mayor to execute (PW 2012-52)
6. Rush-Copley Phase I – Release of Letter of Credit – authorize release of Old Second Bank LOC
#60101002503 and Old Second Bank LOC #2987 in their entirety (PW 2012-53 )
7. 2012 MFT Maintenance Program – Change Order #1 – authorize increase in the amount of
$19,722.92 (PW 2012-54)
8. Ordinance 2012-29 Approving an Agreement for Subdivision Improvement Completion and
Early Municipal Acceptance (Briarwood/Cornerstone Subdivision) – authorize Mayor and City
Clerk to execute (PW 2012-56)
Mayor Golinski entertained a motion to approve the consent agenda as amended. So moved by Alderman
Funkhouser; seconded by Alderman Milschewski.
Motion approved by a roll call vote. Ayes-8 Nays-0
Colosimo-aye, Milschewski-aye, Spears-aye, Munns-aye,
DRAFT
The Minutes of the Regular Meeting of the City Council – September 25, 2012 – Page 2 of 5
Funkhouser-aye, Koch-aye, Teeling-aye, Kot-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Countryside Concept PUD Plan and Incentive Agreement
(CC 2012-70)
Attorney Kramer spoke on behalf of the petitioner, Jim Ratos. Mr. Ratos is purchasing the entire Country
Center property from Bank of America. The theatre project would be 7 ½ acres. The Neighborhood
Cinema Group (NCG) is a family run organization. Mr. Ratos feels NCG will be an asset to the
community. NCG hoped to break ground early January. Jason Pesola, resident, presented a power point
presentation on NCG. (See attached.) They are headquartered in Owosso, MI. NCG currently operates 14
theaters with 135 screens. They have theaters in Michigan, Indiana, Tennessee, and Georgia. NCG will
only build one theatre at a time. The cinema in Yorkville would be distinguished as NCG Yorkville
Cinemas. The proposed theatre is approximately 37,500 square feet. There will be 100% digital projection
and sound. There will be 10 screens and 100% stadium seating for 1900 people. NCG has created NCG
extreme which includes a 70 foot screen, upgraded leather recliners, and can project any movie at any
time in 3D. Proposed opening day is November 15, 2013. Mr. Ratos is very excited to bring this project to
Yorkville. Lynn Dubajic, Executive Director of the Y.E.D.C., is thrilled that local developer Mr. Ratos is
the person that has embraced this project. He is committed to working with local trade people. Due to the
NCG extreme package, Yorkville will have an advantage. This will be a draw for the community of
Yorkville. Attorney Kramer stated Mr. Ratos is going to be the general contractor, and will have total
control. Mayor Golinski said staff is looking for direction. Alderman Spears stated the incentives are very
good for the City. She believes Mr. Ratos is dedicated to the City of Yorkville. She congratulated the
entire team and is very impressed with them. She supports this 100%. Alderman Kot is excited about this
potential. He would like to see the City move ahead with this development. Alderman Colosimo felt this
was exactly the kind of project the Yorkville needs. Alderman Teeling is looking forward to this, too.
Alderman Funkhouser thinks it is great that a local resident is working on this project. The incentives are
good. He would like to see a parking lot pushed. He is all in favor of getting this done. Alderman Koch
supports this project. City Administrator Olson received clear direction from the Council.
MINUTES FOR APPROVAL
1. Minutes of the City Council – August 28, 2012 (CC 2012-67)
Mayor Golinski entertained a motion to approve the minutes of the City Council for August 28, 2012 as
presented. So moved by Alderman Spears; seconded by Alderman Colosimo.
Alderman Colosimo had one correction under appointment of Alderman Koch. The word blindsided
should be changed to one-sided.
A motion was made by Mayor Golinski to approve the minutes as amended.
Minutes approved unanimously by a viva voce vote.
2. Minutes of the City Council – September 11, 2012 (CC 2012-68)
Mayor Golinski entertained a motion to approve the minutes of the City Council for September 11, 2012
as presented. So moved by Alderman Spears; seconded by Alderman Milschewski.
Alderman Funkhouser asked after the moment of silence if the collage presentation should be separated
out under presentation. Mayor Golinski believed it was a good idea to separate it under presentations.
A motion was made by Mayor Golinski to approve the minutes as amended.
Minutes approved unanimously by a viva voce vote.
REPORTS
MAYOR’S REPORT
Proclamation for Senior Services Associates, Inc. Day
(CC 2012-69)
Mayor Golinski read a proclamation for Senior Services Associates, Inc. Day on October 19, 2012.
Collective Bargaining Agreement between the Illinois FOP Labor Council Representing
Yorkville Sergeants and the United City of Yorkville
(CC 2012-54)
Mayor Golinski announced this should have been moved under amendments. The Council is going to
have an executive session before voting on this. This will be voted on after the executive session.
PUBLIC WORKS COMMITTEE REPORT
1. South Shell Gas Station Groundwater (PW 2012-49)
The Minutes of the Regular Meeting of the City Council – September 25, 2012 – Page 3 of 5
a. Resolution 2012-24 Approving a Limited Environmental Indemnity Agreement with
Equilon Enterprises LLC Doing Business as Shell Oil Products US LLC (Southwest
Corner of South Bridge Street and Route 71)
b. Ordinance 2012-30 Prohibiting the Use of Groundwater as a Potable Water Supply by
the Installation or Use of Potable Water Supply Wells or by Any Other Method at or
Within the Area Designated on Exhibit A Attached Hereto and Made a Part Hereof
(Southwest Corner of South Bridge Street and Route 71)
Mayor Golinski stated there was an item that was moved from the consent agenda, the South Shell Gas
Station Groundwater. The Council needs a motion and a second to approve that. So moved by Alderman
Colosimo; seconded by Alderman Koch.
Alderman Colosimo had some minor questions on the agreement. He also wanted the word it on the
bottom of page three, changed to the City. Mayor Golinski called for a roll call on the corrected version.
Motion approved by a roll call vote. Ayes-8 Nays -0
Teeling-aye, Koch-aye, Kot-aye, Munns-aye,
Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT CONTINUED
First Supplemental Agreement to the Kendallwood Estates Development Agreement
(EDC 2012-36)
Alderman Munns entertained a motion to approve a First Supplemental Agreement to the Kendallwood
Estates Development Agreement and authorize the Mayor and City Clerk to execute. So moved by
Alderman Colosimo; seconded by Alderman Milschewski.
City Administrator Olson stated the agreement in the packet has not been reviewed by the committee. The
direction to staff was to draft the agreement and bring it back. He believes the agreement incorporates all
of the items in the memo at the previous meeting. Alderman Colosimo asked if the City felt comfortable
that the $339,000 is more than enough. City Administrator Olson stated yes.
Motion approved by a roll call vote. Ayes-7 Nays-0 Abstain-1
Kot-aye, Munns-aye, Spears-aye, Colosimo-aye,
Funkhouser-abstain, Milschewski-aye, Teeling-aye, Koch-aye
Sixth Amended Intergovernmental Cooperation Agreement with the Aurora Area
Convention and Visitors Bureau (AACVB)
(EDC 2012-33)
Alderman Munns made a motion to approve a Sixth Amended Intergovernmental Cooperation Agreement
for the Aurora Area Convention and Visitors Bureau contingent upon the commitments made in the letter
from Executive Director Chris Hamilton to the United City of Yorkville dated September 5, 2012 and
authorize the Mayor and City Clerk to execute; seconded by Alderman Teeling.
Alderman Munns made a motion to table this to the October 2, 2012, EDC meeting. So moved by
Alderman Milschewski; seconded by Alderman Funkhouser.
Motion tabled by a roll call vote. Ayes-8 Nays-0
Munns-aye Spears-aye, Colosimo-aye, Funkhouser-aye,
Milschewski-aye, Teeling-aye, Koch-aye, Kot-aye
PUBLIC SAFETY COMMITTEE REPORT
Ordinance 2012-31 Amending the Liquor Code Regarding the Number of Patio Licenses
(PS 2012-24)
Alderman Colosimo made a motion to approve an Ordinance Amending the Code of Ordinances
Providing for Liquor Control Regarding Beer Garden/ Patio Licenses and authorize the Mayor and City
Clerk to execute; seconded by Alderman Munns.
Alderman Colosimo said a new, Mexican restaurant was going in that was requesting a patio license. The
City is only creating the license. It is not approving giving it to the specific restaurant. That restaurant has
to apply to the liquor commissioner. The City only has eight patio licenses which are all being used. This
restaurant is going to bring in new business. They want a patio. To give this restaurant an opportunity to
apply, the City has to make a new patio license.
Motion approved by a roll call vote. Ayes-8 Nays -0
Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye,
Teeling-aye, Koch-aye, Kot-aye, Munns-aye
KenCom Lease Agreement Veto Discussion
(PS 2012-25)
The Minutes of the Regular Meeting of the City Council – September 25, 2012 – Page 4 of 5
Alderman Colosimo made a motion to veto the lease agreement approved by the KenCom Executive
Board on August 23, 2012 between Kendall County and KenCom for the use of the basement at the
Kendall County Public Safety Center; seconded by Alderman Munns.
Alderman Spears stated to veto, the City would need two municipalities. Plano is not going to support the
veto. Mayor Golinski was told Oswego abstained. Alderman Spears said Yorkville is solo again.
Alderman Munns asked about Plano’s change of heart. Alderman Spears stated Plano thought it was
useless. Alderman Colosimo felt it was a matter of principal and Yorkville should still veto.
Motion approved by a roll call vote. Ayes-8 Nays -0
Spears-aye, Colosimo-aye, Funkhouser-aye, Milschewski-aye,
Teeling-aye, Koch-aye, Kot-aye, Munns-aye
ADMINISTRATION COMMITTEE REPORT
No report.
PARK BOARD
No report.
PLAN COMMISSION
Success in the Suburbs, Inc. – Amended Special Use Mile & ½ Review
(PC 2012-06)
Mayor Golinski entertained a motion to recommend to the Kendall County Board to approve an amended
special use permit for a public horse facility within the Equestrian Estates at Legacy Farm Subdivision
located at 17 Ashe Road in unincorporated Kendall County. So moved by Alderman Spears; seconded by
Alderman Milschewski.
Community Development Director Barksdale Noble said this is straight forward. Nothing changes. Mayor
Golinski asked if the County approved this and she stated the County had already looked at it but had not
approved it. Alderman Teeling didn’t understand why this needed a vote. Mayor Golinski stated it is part
of the review process. Community Development Director Barksdale Noble stated the City has an option
to oppose it. City Attorney Orr stated if opposed it would then trigger more than a simple majority
approval on the part of the County Board. It is an important consideration.
Motion approved by a roll call vote. Ayes-8 Nays -0
Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye,
Koch-aye, Kot-aye, Munns-aye, Spears-aye
Souk Hemintharong – Rezoning Mile & ½ Review
(PC 2012-07)
Mayor Golinski entertained a motion to recommend to the Kendall County Board to approve rezoning the
Souk Hemintharong property located in unincorporated Kendall County at 7400 East Highpoint Road
from R-1 One Family Residence to A-1 Agricultural. So moved by Alderman Milschewski; seconded by
Alderman Koch.
Motion approved by a roll call vote. Ayes-8 Nays-0
Funkhouser-aye, Milschewski-aye, Teeling-aye, Koch-aye,
Kot-aye, Munns-aye, Spears-aye, Colosimo-aye
ZONING BOARD OF APPEALS
No report.
CITY COUNCIL REPORT
No report.
CITY CLERK’S REPORT
No report.
CITY TREASURER’S REPORT
No report.
COMMUNITY & LIAISON REPORT
Agency On Aging
Alderman Spears reported on the Agency on Aging. (See attached.)
The Minutes of the Regular Meeting of the City Council – September 25, 2012 – Page 5 of 5
Jeremy Kuehn Special Olympics
Alderman Spears wanted to encourage people to support a special Olympic athlete, Yorkville resident
Jeremy Kuehn and his family. (See attached)
Hometown Days
Mayor Golinski gave an update on Hometown Days. There was a big turnout. A day was lost due to rain.
He praised the staff and recognized Scott Sleezer and Tim Evans. He also mentioned the rivalry between
the Park Board and the City Council to raise tips at the beer tent on Friday night. About $300 was raised.
He suggested that the City donate the money to Jeremy Kuehn.
STAFF REPORT
No report.
ADDITIONAL BUSINESS
Old Jail
Alderman Colosimo clarified the comment in regards to the old jail. The City did nothing under the table.
The City followed state law and went out for an RFP. The RFP is open to the public and anyone can make
a bid. Mayor Golinski stated it will be published at minimum three times in the newspaper. Stephenie
Todd, Oswego, appreciated Alderman Colosimo’s clarification. She thinks they are talking about two
different issues. She was referring to before the RFP went out. She heard that someone from the City was
showing perspective buyers the property. That is when the donations and volunteers stopped.
EXECUTIVE SESSION
Mayor Golinski entertained a motion to go into Executive Session for the purpose of collective
negotiating matters and a litigation update. So moved by Alderman Colosimo; seconded by Alderman
Funkhouser.
Motion approved by a roll call vote. Ayes-8 Nays-0
Spears-aye, Milschewski-aye, Colosimo-aye, Kot-aye,
Teeling-aye, Koch-aye, Funkhouser-aye, Munns-aye
The City Council entered Executive Session at 7:59 p.m.
The City Council returned to regular session at 8:08 p.m.
MAYOR’S REPORT CONTINUED
Collective Bargaining Agreement between the Illinois FOP Labor Council Representing
Yorkville Sergeants and the United City of Yorkville
(CC 2012-54)
Mayor Golinski entertained a motion to approve a Collective Bargaining Agreement between the Illinois
FOP Labor Council Representing Yorkville Sergeants and the United City of Yorkville and authorize the
Mayor and City Clerk to execute. So moved by Alderman Milschewski; seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-8 Nays-0
Koch-aye, Kot-aye, Munns-aye, Spears-aye,
Colosimo-aye, Funkhouser-aye, Milschewski-aye, Teeling-aye
ADJOURNMENT
Mayor Golinski entertained a motion to adjourn the meeting. So moved by Alderman Milschewski;
seconded by Alderman Funkhouser.
Adjournment of the meeting was unanimously approved by a viva voce vote.
Meeting adjourned at 8:09 p.m.
Minutes submitted by:
Beth Warren,
City Clerk, City of Yorkville, Illinois
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor #1
Tracking Number
CC 2012-77
Appointment to Park Board – Matthew Konecki
City Council – October 23, 2012
Mayor Golinski
Name Department
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor #2
Tracking Number
CC 2012-78
Annual Treasurer’s Report
City Council – October 23, 2012
Rob Fredrickson Finance
Name Department
UNITED CITY OF YORKVILLE
TREASURER’S REPORT
FOR THE FISCAL YEAR ENDING APRIL 30, 2012
I certify that the following is true and correct to the best of my knowledge and belief.
______________________________
William Powell
City Treasurer
Summary Statement of Operations *
Fund Type
Beginning Fund
Balance / Net
Assets
Revenues Expenditures Other Financing
Sources/(Uses)
Ending Fund
Balance / Net
Assets *
General Fund (271,900) 12,159,269 9,671,380 (945,366) 1,270,623
Library Fund 317,336 1,499,758 1,423,290 - 393,804
Special Revenue Funds 3,471,296 1,799,760 2,833,677 637,849 3,075,228
Debt Service Fund 8,653 325,008 428,668 182,517 87,510
Capital Projects Funds (231,239) 188,897 242,341 141,100 (143,583)
Enterprise Funds 36,587,418 6,526,271 4,815,751 2,433,079 40,731,017
Fiduciary Fund 4,216,855 654,780 389,602 - 4,482,033
* NOTE: Detailed financial information may be found at http: http://www.yorkville.il.us/documents/ComprehensiveAnnualFinancialReport-
FiscalYearEndedApril302012_001.pdf
United City of Yorkville - FOR THE FISCAL YEAR ENDED APRIL 30, 2012: RECEIPTS –
GENERAL: CORPORATE LEVY 2,282,246; POLICE PENSION LEVY 360,356; FOX IND TIF
SURPLUS 67,334; MUNICIPAL SALES TAX 2,552,483; NON-HOME RULE SALES TAX 410,327;
ELECTRIC UTILITY TAX 603,015; NATURAL GAS UTILITY TAX 225,411;
TELECOMMUNICATIONS TAX 500,415; TELEPHONE UTILITY TAX 18,393; CABLE
FRANCHISE FEES 221,465; HOTEL TAX 51,029; AMUSEMENT TAX 127,737; ADMISSIONS TAX
190,627; BUSINESS DISTRICT TAX 305,908; AUTO RENTAL TAX 9,549; PARA-MUTUEL TAX
16,680; STATE INCOME TAX 1,444,426; LOCAL USE TAX 246,963; ROAD & BRIDGE TAX
166,896; PERSONAL PROPERTY REPL TAX 15,030; FEDERAL GRANTS 12,521; STATE GRANTS
2,123; MISC INTERGOVERNMENTAL 1,077; LIQUOR LICENSE 43,265; OTHER LICENSES &
PERMITS 6,256; BUILDING PERMITS 122,400; TRAFFIC FINES 66,028; ADMINISTRATIVE
ADJUDICATION 24,206; POLICE TOWS 84,750; GARBAGE SURCHARGE 1,231,681;
COLLECTION FEE - YBSD 134,531; POLICE SPECIAL DETAIL 350; OFFENDER REGISTRATION
FEES 175; INVESTMENT EARNINGS 5,102; REIMB - LEGAL EXPENSES 28,738; REIMB -
ENGINEERING EXPENSES 25,697; REIMB - TRAFFIC SIGNAL 28,582; REIMB - COBRA
CONTRIBUTIONS 23,220; REIMB - RETIREE CONTRIBUTIONS 48,447; REIMB - EMP INS
CONTRIBUTIONS 91,536; REIMB - LIFE INSURANCE 3,363; REIMB - LIBRARY INSURANCE
93,842; REIMB - LIABILITY INSURANCE 3,417; REIMB - WORKERS COMP 25,557; REIMB -
CABLE CONSORTIUM 37,167; REIMB - MISCELLANEOUS 10,337; RENTAL INCOME 8,460;
DONATIONS 50; MISCELLANEOUS INCOME 5,192; INTERFUND TRANSFERS 527,492; TOTAL
12,511,852.
FOX HILL SSA: FOX HILL SSA LEVY 3,786; INVESTMENT EARNINGS 7; TOTAL 3,793.
SUNFLOWER SSA: SUNFLOWER SSA LEVY 7,530; INVESTMENT EARNINGS 7; TOTAL 7,537.
MOTOR FUEL TAX: MOTOR FUEL TAX 417,416; MFT HIGH GROWTH 39,197; ILLINOIS JOBS
NOW PROCEEDS 73,122; INVESTMENT EARNINGS 570; REIMBURSEMENTS 30,293; TOTAL
560,598.
MUNICIPAL BUILDING: DEVELOPMENT FEES 7,650; BUILD PROGRAM PERMITS 750;
TOTAL 8,400.
POLICE CAPIT AL: DEVELOPMENT FEES 15,450; DUI FINES 3,116; ELECTRONIC CITATION
FEE 782; SEIZED VEHICLE PROCEEDS 2,335; INVESTMENT EARNINGS 55; SALE OF FIXED
ASSETS 15,200; TOTAL 36,938.
PUBLIC WORKS CAPITAL: DEVELOPMENT FEES 33,450; BUILD PROGRAM PERMITS 3,500;
MOWING INCOME 6,040; INVESTMENT EARNINGS 22; INTERFUND TRANSFER 3,500; TOTAL
46,512.
PARKS & RECREATION CAPITAL: PARKS CAPITAL FEES 2,600; INVESTMENT EARNINGS
328; REIMBURSEMENTS 10,702; SALE OF FIXED ASSETS 900; TOTAL 14,530.
CITY WIDE CAPITAL: BUILDING PERMITS 30,993; ENGINEERING CAPITAL FEES 4,700;
DEVELOPMENT FEES 7,944; BUILD PROGRAM PERMIT 14,780; ROAD CONTRIBUTION FEE
34,000; INVESTMENT EARNINGS 114; REIMBURSEMENTS 9,586; INTERFUND TRANSFER
125,000; TOTAL 227,117.
DEBT SERVICE: PROPERTY TAXES 323,350; RECAPTURE FEES 1,375; INVESTMENT
EARNINGS 283; INTERFUND TRANSFERS 182,517; TOTAL 507,525.
WATER: PROPERTY TAXES 133,524; BUILD PROGRAM PERMITS 11,970; WATER SALES
1,751,822; BULK WATER SALES 329; METER SALES 25,365; INFASTRUCTURE FEE 696,716;
CONNECTION FEE 106,450; INVESTMENT EARNINGS 282; REIMBURSEMENTS 1,771; BAD
DEBT RECOVERY 3,517; RENTAL INCOME 39,491; MISCELLANEOUS INCOME 98;
INTERFUND TRANSFER 83,863; TOTAL 2,855,198.
SEWER: PROPERTY TAXES 1,750,206; BUILD PROGRAM PERMITS 4,000; SEWER
MAINTENANCE FEES 742,022; CONNECTION FEES 620,000; INVESTMENT EARNINGS 2,405;
REIMBURSEMENTS 1,741; TOTAL 3,120,374.
LAND CASH: STATE GRANT 400,000; AUTUMN CREEK 30,767; TOTAL 430,767.
PARKS & RECREATION: SPECIAL EVENTS 6,935; CHILD DEVELOPMENT 41,756; ATHLETICS
& FITNESS 124,164; PROGRAM FEES 53,905; CONCESSION REVENUE 38,939; HOMETOWN
DAYS 100,960; INVESTMENT EARNINGS 175; REIMBURSEMENTS 3,336; RENTAL INCOME
54,240; PARK RENTALS 27,143; SPONSORSHIPS/DONANTIONS 4,314; MISCELLANEOUS
INCOME 7,031; INTERFUND TRANSFER 736,710; TOTAL 1,199,608.
RECREATION CENTER: PROGRAM FEES 97,070; CONCESSION REVENUE 10,661;
MEMBERSHIP FEES 465,488; GUEST FEES 8,939; SWIM CLASS FEES 30,932; PERSONAL
TRAINING FEES 4,910; TANNING SESSION FEES 2,489; RENTAL INCOME 13,017; DONATIONS
760; MISCELLANEOUS INCOME 297; TOTAL 634,563.
LIBRARY: PROPERTY TAXES 1,391,984; FOX IND TIF SURPLUS 19,331; PERSONAL
PROPERTY TAX 4,981; STATE GRANTS 17,231; DEVELOPMENT FEES 22,350; LIBRARY FINES
12,864; LIBRARY SUBSCRIPTION CARDS 11,814; COPY FEES 3,444; PROGRAM FEES 110;
INVESTMENT EARNINGS 604; RENTAL INCOME 2,695; DVD RENTAL INCOME 5,416;
MEMORIALS 6,119; MISCELLANEOUS INCOME 815; INTERFUND TRANSFER 332,500; TOTAL
1,832,258.
FOX INDUSTRIAL TIF: PROPERTY TAXES 259,052; INVESTMENT EARNINGS 275; TOTAL
259,327.
COUNTRYSIDE TIF: PROPERTY TAXES 4,188; INVESTMENT EARNINGS 2,718; TOTAL 6,906.
DOWNTOWN TIF: PROPERTY TAXES 67,807; INVESTMENT EARNINGS 126; TOTAL 67,933.
PAYROLL: 0.01 TO 25,000.00 AMENT, BEVERLY; ANDERSON, JENNIFER; ARENTSEN, DALE;
ARNFELT, LUKE; ATERS, MISTY M; BAHR, NANCY; BALDINE, TAMMY; BATTLE, BETTYE;
BAZAN, JEAN; BEACH, CHARLES; BIEGALSKI, LOUISE; BIERITZ, CARLEE J; BIERMANN
MILLER, KAREN; BOZUE, STEVEN; BRADSTREET, PATRICIA; BRETTHAUER, JANET K;
BREYNE, DONNA; BURD, VALERIE; BUSCH, DARRELL; CARLSON, GUNNAR J; CARLSON,
JARED; CARTER, SCOTT; CATHEY, CHANDLER; CERVANTES, ALEXIS D; CHATMAN, DEB;
CHERWIN, REBECCA M; CLAYBORN, LEAH; COLOSIMO, CARLO D; CYKO, KELLY; CYKO,
NATALIE; DEARBORN, JACKIE; DEFELICE, JANET; DELANEY, DAVID; DEWITT, DOUGLAS
F; DILLON, SALLY; DRESSEL, JACOB; EBERHARDT, MARIANNE; ELWOOD, BEN; ESSEX,
JANET; FLESSNER, KELSIE R; FOSSE, TIA; FRISK, MEGAN; FUNKHOUSER, CHRIS A;
GARBELMAN, EMILY; GARDINER, DONALD D; GERLACH, SARA M; GILSON, GEORGE;
GLINSKI, HOLLY A; GOLDEN, BROOKE; GOLDEN, HEATHER E; GOLDEN, KIM; GOLINSKI,
GARY; GOSS, VIRGINIA; GRAFF, SHAMIM; GRAFF, SHAMIM; GREZLIK, CATHY; HAGEMAN,
JON; HAGEMANN, JORDAN; HARMON, RHIANNON L; HARRISON, MORGAN E; HOPKINS,
AMANDA; JOHNSON, DOREEN; JOHNSON, KARA; JONES, NICOLE; KARAGIANIS,
ALEXANDRA A; KIEST, DAVID E; KINSINGER, NATHAN J; KLAAS, BAILEY; KLINE, STEVE;
KNUTSON, JOAN; KONEN, THOMAS A; KOT, LARRY; KOVACS, RICHARD; KRUSE, KELSEY;
LEZON, HEATHER N; LILL, STEVEN M; LIVINGSTON, KAY; MANNING, BARBARA;
MATLOCK, JOANNE; MCCOY, SARA; MCCUE, ALYSSA; MEDINA, TONY; MILLER,
CHRISTOPHER S; MILLER, KENNETH; MILSCHEWSKI, JACQUELYN; MINOR, ALLAN; MIX,
SHARON; MOHLER, DEBI; MORGAN, PAMELA M; MORKERT, CHRISTOPHER; MORRIS, JILL;
MUNNS, MARTIN; MURRAY, WILLIAM D; NICHOLSON, MICHELLE; NIESEN, CATHERINE;
ODOM, MATTHEW J; OLEARY, SARAH; PAGE, DALE; PAVLAK, CRYSTAL L; PIELECH,
JAMES; PLECKHAM, TRACI; PLOCHER, ARDEN; POWELL, WILLIAM; RATOS, PETER G;
REDMON, STEVEN; REESE, ANNETTE; REINGARDT, CHAD E; RIOS, YVONNE M; ROBBINS,
KATIE; RUNDLETT, ZACKERY T; SALLEE, REBECCA A; SCHLACHTER, JENNIFER C;
SCHMIDT, MARGO; SCHOENY, KAREN L; SEDGWICK, KELSEY S; SEIBEL, CARLY;
SEVERSON, JEFFREY O; SILAS, LA DON J; SKIBINSKI, TREVOR J; SMITH, KATHERINE;
SOEBBING, ROMAN M; SPEARS, ROSE; SPIES, GLORY; SPRATT, VICTORIA M; SPURLOCK,
RALPH; STAGGS, NISACHERI; STRICKER, BETH; SUTCLIFF, ROBYN; TEELING, DIANE;
UCHIDA, HEATHER R; UNDERWOOD, SANDY; VAN CLEAVE, VIANNE; WALKER, RON;
WARREN, BETH K; WEIRES, CELSEY J; WEISS, JENNETTE A; WERDERICH, WALTER;
WICKS, CAROL; WILKINSON, PEGGY; WILSON, DONNA; WYETH, ADAM A; YARBROUGH,
NATHANIAL M; ZABEL, PAUL.
PAYROLL: 25,000.01 TO 50,000.00 AUGUSTINE, SHELLEY; BROWN, DAVID; COLLINS JR,
ALBERT; DYON, JUDY; FELTES, RITA; GAWRYCH, KRISTOPHER; HARDIN, MARK A;
HORNER, RYAN; IWANSKI, SHARYL; JACKSON, JAMIE; LAWRENTZ, KEVIN; LEJA, NICOLE;
NEGRE, RYAN; OLSEM, PAMELA; OSTREKO, MEGHAN; REISINGER, BARBARA;
ROSBOROUGH, SHAY; SCHWARTZKOPF, MOLLY; SCHWARTZKOPF, MOLLY; SCODRO,
PETER; SCOTT, WILLIAM; SIMMONS, AMY; SORENSEN, BRIAN; TATE, THOMAS; WALKER,
KIRSTEN; WATERS, MICHAEL; WEBER, ROBERT; WEINERT, ANDREA M; WRIGHT, RACHEL.
PAYROLL: 50,000.01 TO 75,000.00 BEHRENS, BRETT; BEHRENS, DAVID; CARLYLE,
MITCHELL; DEBORD, DIXIE; EVANS, TIMOTHY; GOLDSMITH, RYAN; GRIMES, TOM; HART,
ROBBIE; HAYES, CHRISTOPER; HELLAND, JONATHON; HENNE, DURKEN; HOULE,
ANTHONY; HUNTER, JOHN; KETCHMARK, MATTHEW; KOLOWSKI, TIMOTHY; MOORE,
JOE; MOTT, STACEY; PFISTER, MICHAELEEN; PFIZENMAIER, BEHR; PICKERING, LISA;
PLECKHAM, DANIEL; SCHRAW, LAURA; SENG, MATTHEW; SLEEZER, JOHN; WYWROT,
JOSEPH.
PAYROLL: 75,000.01 TO 100,000.00 BARKSDALE-NOBLE, KRYSTI; DHUSE, ERIC;
FREDRICKSON, DAVID; HILT, LARRY; JELENIEWSKI, ANDREW; JOHNSON, JEFFREY;
KLINGEL, TERRY; MCMAHON, PATRICK; MIKOLASEK, RAYMOND; OLSON, BART;
PRESNAK, JAMES; SCHWARTZKOPF, DONALD; SLEEZER, SCOTT; STROUP, SAMUEL.
PAYROLL: 100,000.01 TO 125,000.00 HART, RICHARD; TOTAL 5,241,169.
VENDOR DISBURSEMENTS OVER 2,500: 3M 16,956; ADVANCED AUTOMATION &
CONTROLS 7,632; ALL STAR SPORTS INSTRUCTION 20,058; AMERICAN ENGLISH 2,500;
AMERICAN FITNESS WHOLESALERS 2,804; RICHARD & TERRI APPLEGATE 40,000; AQUA
PURE ENTERPRISES, INC. 4,349; ARAMARK UNIFORM SERVICES 8,249; AREA RESTROOM
SOLUTIONS 5,845; AT&T 9,924; AT&T GLOBAL SERVICES, INC. 2,945; AT&T INTERNET
SERVICES 6,412; ATLAS BOBCAT 5,263; ATWELL-HICKS 4,867; AURORA AREA
CONVENTION 44,960; AURORA BLACKTOP 59,455; B&F TECHNICAL CODE SERVICES 22,770;
BAKER & TAYLOR 8,037; BANC OF AMERICA LEASING 15,732; BERRY PLASTICS
CORPORATION 2,868; BNY MELLON 3,110,134; BRIAN BETZWISER 82,295; BLUE CROSS
BLUE SHIELD 1,074,806; BP AMOCO OIL COMPANY 15,465; BRENNTAG MID-SOUTH, INC.
15,395; BRISTOL KENDALL FIRE DEPART. 37,400; UNITED COMMUNICATION SYSTEMS
38,979; CAMBRIA SALES COMPANY INC. 6,492; CARGILL, INC 124,855; CARSTAR 3,314;
CASTLE BANK 10,341; CASTLE INSURANCE SERVICES, INC 2,732; CDW GOVERNMENT INC.
11,686; CENTRAL SOD 7,954; CENTRAL LIMESTONE COMPANY, INC 4,832; CHEMICAL PUMP
SALES & SERVICE 2,661; CLARK ENVIRONMENTAL 6,500; RICHARD HOPKINS CLARK
62,500; CLASSIC LANDSCAPE, LTD 8,762; COMMONWEALTH EDISON 129,266;
CONSTELLATION NEW ENERGY 39,863; CORPORATION FOR OPEN LANDS 11,000;
CHRISTOPHER J. PLASCH 5,280; CROSS EVANGELICAL LUTHERN 3,525; CROWN TROPHY
2,555; CUSTOM SIGNS 11,236; DAVID L CHELSEN 16,678; DEPO COURT REPORTING SVC, INC
12,194; DOOR TO DOOR DIRECT 4,268; EDWARD WILDMAN PALMER LLP 3,431; ENCAP, INC.
14,666; ENGINEERING ENTERPRISES, INC. 286,854; EPIC SPORTS 3,801; ERICKSON
CONSTRUCTION 3,130; ERO-TEX 3,498; EUCLID BEVERAGE 14,148; EVANS & SONS
BLACKTOP, INC. 87,911; EXELON ENERGY 37,305; FARREN HEATING & COOLING 50,703;
FENCE CONNECTION, INC. 37,976; FIDELITY SECURITY LIFE INS. 10,188; FIRST NONPROFIT
UNEMPLOYEMENT 109,521; FIRST PLACE RENTAL 7,845; THE IDEA PROS, INC. 3,933;
FULTON TECHNOLOGIES 5,411; RAINIER & MELISSA GALLIANO 16,500; GARDINER KOCH
& WEISBERG 78,104; SHARON CLARK GASKILL 62,500; LISA R. GODWIN 2,540; GOLD
MEDAL PRODUCTS 9,924; GOODWILL RETAIL SERVICES, INC. 5,000; GRAINCO FS., INC.
3,605; GROUND EFFECTS INC. 16,514; HACH COMPANY 3,580; HARRIS COMPUTER SYSTEMS
16,296; HART, RICHARD 4,075; HAYDEN'S 7,572; RAYMOND HAYEN 3,955; HD SUPPLY
WATERWORKS, LTD. 14,741; HERTZ EQUIPMENT RENTAL CORP 5,346; HI FI EVENTS, INC.
13,250; MARK J.HIGHT 4,400; HOMER INDUSTRIES 21,300; HR GREEN 4,569; IL VALLEY
URBAN LUMBERJACKS 6,025; ILLINOIS DEPARTMENT OF TRANSPORTATION 30,929; IL
ENV. PROTECTION AGENCY 251,571; ILLINOIS MUNICIPAL LEAGUE 51,179; ILLINOIS
STATE POLICE 3,048; ILLINOIS PUBLIC SAFETY AGENCY 6,660; STATE POLICE SERVICES
FUND 2,848; ILLINOIS TRUCK & EQUIP RENTAL 2,850; ILLINOIS TRUCK MAINTENANCE, IN
12,021; ILLINOIS PUBLIC RISK FUND 119,537; IMAGE PLUS 4,787; IMAJE RECORDS, INC
5,000; INDECOR CONTRACT WINDOW 3,130; INFRASTRUCTURE SOLUTIONS, INC. 7,209;
INLAND LAND APPRECIATION FUND 8,315; INTEGRYS ENERGY SERVICES, INC 169,487;
ITRON 5,352; JAKE LAND GROUP, LLC 13,214; LORI & PAUL JAMES 3,000; JAY M. HEAP &
ASSOCIATES, LTD 12,500; JOB'S LANDSCAPING INC. 7,835; JOHNSON OIL COMPANY IL
3,847; JULIE, INC. 3,426; KATHLEEN FIELD ORR & ASSOC. 118,923; KENDALL COUNTY
ASSOCIATION 3,875; KENDALL COUNTY CONCRETE 4,268; KENDALL COUNTY
COLLECTOR 61,503; MICHAEL PAVLIK 13,423; KENDALL COUNTY RECORDER'S 10,327;
KENDALL COUNTY RECORD 5,152; KENDALL COUNTY SHERIFF'S OFFICE 3,527; KENDALL
COUNTY TREASURER 761,981; ANNETTE M. POWELL 4,266; KIDS FIRST SPORTS SAFETY
INC. 3,785; KONICA MINOLTA BUSINESS 9,727; LANER, MUCHIN, DOMBROW, BECKER
15,313; JOHN C. BROIHIER 2,965; LAWSON PRODUCTS 3,008; LENNAR CHICAGO, INC. 30,996;
MAD BOMBER 5,000; ARCH CHEMICALS, INC 3,156; MARTENSON TURF PRODUCTS 3,522;
MC CUE BUILDERS, INC. 24,782; JAY MCCOY 4,000; RANDY MCKIRGAN 46,535; MEADE
ELECTRIC COMPANY, INC. 3,959; MENARDS INC 141,783; MENARDS - YORKVILLE 16,019;
MESIROW INSURANCE SERVICES INC 218,132; METLIFE SMALL BUSINESS CENTER 14,098;
METRO WEST COG 12,157; METROPOLITAN INDUSTRIES, INC. 8,685; MID AMERICAN
WATER 8,053; MIDCO NORTHGATE YORKVILL, LLC 2,559; MILLER SEAL COATING &
STRIPPIN 9,250; MJ ELECTRICAL SUPPLY, INC. 14,112; NORMAN C. MURRAY 4,700; MUSCO
CORPORATION 53,621; NANCO SALES COMPANY, INC. 2,523; NEXTEL COMMUNICATIONS
22,958; NICOR GAS 33,270; NORTH AMERICAN SALT COMPANY 129,391; CYNTHIA O'LEARY
3,710; OFFICE WORKS 4,364; P.F. PETTIBONE & CO. 3,701; PARKREATION 22,000; PATTEN
INDUSTRIES, INC. 6,498; PEPSI-COLA GENERAL BOTTLE 8,737; PITNEY BOWES 9,418;
PRAIRIECAT 13,380; PUBLIC SAFETY DIRECT, INC 4,287; PULTE HOMES 11,505; QUILL
CORPORATION 2,907; R. SMITS & SONS 4,320; RAGING WAVES 4,324; RATOS, JAMES 21,322;
RAY O'HERRON COMPANY, INC. 8,226; REINDERS, INC. 3,766; RESOURCE MANAGEMENT
ASSOCIATES 8,939; RI WATERMAN PROPERTIES 275,865; RIVERVIEW FORD 7,863; RUSH-
COPLEY MEDICAL CENTER 7,212; SEC GROUP, INC. 17,186; SERVICE PRINTING
CORPORATION 28,823; SERVICEMASTER COMM. CLEANING 14,202; SHELL OIL CO. 114,928;
SIXTEEN CANDLES BAND, LLC 4,000; SOFTWARE PERFORMANCE 102,976; SOUND
INCORPORATED 3,000; SWFVCTC 76,295; SPEEDWAY 3,416; SPORTSFIELDS, INC. 16,623;
STERLING CROWN CARNIVAL 17,824; STERLING CODIFIERS, INC. 5,351; STEVEN'S
SILKSCREENING 3,772; STREICHERS 9,754; CHRISTOPHER SULLIVAN 5,100; SUPERIOR
ASPHALT MATERIALS LLC 7,801; TAPCO 8,924; THE BANK OF NEW YORK 388,715 THE
GALE GROUP INC. 2,985; THE KENNETH COMPANY 65,300; THORNE ELECTRIC 22,083; TKB
ASSOCIATES, INC. 10,874; TODAY'S BUSINESS SOLUTIONS INC 2,603; TRAFFIC CONTROL
CORPORATION 2,996; TRAFFIC CONTROL & PROTECTION 3,063; DANIEL V. TRANSIER
3,900; TRICO MECHANICAL SERVICE GROUP 8,265; TUCKER DEVELOPMENT CORP. 146,313;
KRIBBS AUTOMOTIVE, INC 5,415; UNIQUE PRODUCTS & SERVICE 3,745; US BANK 166,904;
JOSEPH J. DEMARCO 2,500; VEOLIA ES SOLID WASTE MIDWEST 1,290,011; VERMONT
SYSTEMS 4,100; VERNE HENNE CONSTR. & 6,943; VIKING CHEMICAL COMPANY 4,621;
VISA 52,078; WALKER CUSTOM HOMES, INC. 221,500; WAREHOUSE DIRECT 5,215; WATER
PRODUCTS, INC. 13,235; WATER SOLUTIONS UNLIMITED, INC 18,459; WALLY WERDERICH
3,150; WESLEY PROPERTY CORP. 337,484; ROSS & ELIZABETH WHEELER 4,400; WILKINSON
EXCAVATING, INC. 61,057; WMSY PROPERTIES, LLC 6,400; WOLF & COMPANY 46,000;
YANKEE CANDLE FUNDRAISING 3,225; YORKVILLE BRISTOL 3,237,968; YORKVILLE ACE &
RADIO SHACK 2,818; YORKVILLE AREA CHAMBER OF 3,857; YORKVILLE ECONOMIC DEV
45,000; YORKVILLE NAPA AUTO PARTS 4,448; YORKVILLE PC 4,822; YORKVILLE
POSTMASTER 16,169; YORKVILLE SCHOOL DIST #115 22,292; MARLYS J. YOUNG 2,902;
ZENON COMPANY 28,169; EXPENSE DISBURSEMENTS UNDER 2,500.00 274,131; TOTAL
16,130,430.
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
Mayor #3
Tracking Number
CC 2012-79
Tax Levy Estimate
City Council – October 23, 2012
N / A
Majority
Approval
Approval of a property tax levy estimate, for purposes of holding a public hearing.
Bart Olson Administration
Name Department
Summary
Approval of a 2012 tax levy estimate, for purposes of publishing a public notice for an
upcoming public hearing.
Background
Each year, the first step of the tax levy process involves adopting a tax levy estimate for
purposes of holding a public hearing (if required). The recommended tax levy estimate for the
City and Library operations (capped taxes) is $3,650,692. Per past practice and tax levy laws,
the City expects the actual tax levy will be lower.
In 2011, when the City was discussing property tax abatements and the FY 12 tax levy,
the City unofficially adopted a plan to reduce its tax levy from FY 12 through FY 17 on account
of the passage of the non-home rule sales tax referendum. The chart that illustrates that plan is
attached to this memo, and our current discussion involves the FY 14 tax levy.
For FY 14 (the 2012 levy), the City contemplated a 2.5% reduction in the combination of
City (non-library) property taxes and non-abated property taxes (from bonds). This calculation
was based upon a City (non-library) levy at the maximum amount allowed under the law and a
large reduction in the non-abated property taxes (from bonds). The tax levy estimate proposed
by staff accomplishes both goals. For FY 14, the estimated combination of uncapped City,
capped City, uncapped Library, and capped Library taxes results in a 0.71% reduction in all City
property taxes.
Details
The FY 13 (2011 levy) certification from the County Clerk is attached to this memo. The
first page contains all City (non-library) taxes, and the second page contains library taxes
(operations and bonds for the building). If desired by the City, we could calculate a property tax
cap for each page individually. For reasons described below, that conversation is moot for this
year.
Last year, the City and Library negotiated a $700,000 tax levy for Library operations,
resulting in a tax levy rate of $0.14187 per $100 EAV. The maximum tax rate for library
operations under Illinois law is $0.15 per $100 EAV. This year, the County expects the EAV of
the entire City to be $446,943,281 – which is a $43,000,000 decrease from last year (~10%). As
Memorandum
To: City Council
From: Bart Olson, City Administrator
CC:
Date: October 12, 2012
Subject: 2012 Tax Levy Estimate
a result, the Library’s maximum operational levy under state law can only be $670,415 1 – a
$30,000 decrease from the prior year and $55,000 less than what the City and Library had
expected for the FY 14 budget. Because the maximum allowable levy for the library is lower
than what the library actually levied last year, it is recommended that the Library board pass a
levy request for $700,000 to make sure they receive the maximum amount allowable under law –
even that amount is only expected to be $670,415. During the FY 14 budget discussions
(January – April 2013), the City and the Library can discuss whether additional money should be
given to the Library. For this discussion, it should be noted that the City and the Library came to
mutual agreement a couple years ago that the Library would voluntarily request less than its rate
maximum under the law.
With the Library levy discussion relatively set, we can move towards the City’s capped
and uncapped levies. For purposes of calculating the capped limits, we must include the library
operations tax (because it is a capped tax). Last year, the City requested $3,501,487 in capped
property taxes, and was actually extended $3,424,340. The request by the City was higher than
the amount we thought we could legally receive to make sure that the City did not lose out on
any capped property taxes. In a growth community that is non-home rule, this procedure is
relatively standard. The City also requested $723,683 in uncapped, non-abated property taxes
(from bonds) and received that exact amount. Between the capped and uncapped property taxes,
the City’s 2011 levy represented a ~30% reduction from the 2010 levy.
For this year, the City is allowed to increase the capped levy by the consumer price index
(CPI), which is 3%, plus any amount of new construction. Based on new construction estimates
from the County and the 3% CPI, we expect that the maximum capped levy amount that the City
can receive is $3,550,692 2. For purposes of receiving the maximum operational levy under the
law, we recommend the City request $3,650,692 for purposes of holding the public hearing. The
breakdown of the individual sublevies is attached. In short, all incremental revenue is proposed
to be used on shoring up the police pension funding gap. With the additional ~$150,000
increment this year, we will be more in line with the actuarially recommended amount.
The second half of the City’s tax levy estimate is the uncapped taxes, also referred to as
the non-abated property taxes or bond property taxes. As discussed above, the City levied
$723,683 non-abated property taxes last year. For FY 14, we had budgeted a levy of $590,000.
Given the increase in the capped taxes from last year to this year (proposed above), we will need
to levy $486,146 to keep the 2.5% reduction in total City taxes discussed in the attached chart.
Since this is ~$100,000 less than what we budgeted, that reduction will result in a modest hit to
the water, sewer, and debt service funds (but a hit that we feel they can weather for this year).
Homeowner Impact
The property tax bill lists the City and the Library as two different levies. The City
(capped and uncapped) levy request is lower than it was in 2011. The Library (capped and
uncapped) is lower than it was in 2011. Based on those two statements only, the amount that
each property owner pays to the City and to the Library should be lower than the prior tax bill.
1 $0.15 / $100 * $446,943,281 = $670,415
2 Remember, $670,415 of this figure is for the library operations levy.
For reasons 3 that will be fully explored in the public hearing and the subsequent discussions, this
may not be the case for every property owner. Also, because the total EAV of the City has
decreased at a rate greater than the rate of our property tax reductions, the tax rate itself will go
up. Again, we will discuss that phenomenon in greater detail at the public hearing.
Recommendation
The staff recommendations for aggregate levy amounts are below. The breakdown of the
individual sublevies is attached to this memo, but does not need to be set for purposes of holding
a public hearing (they can be changed at anytime). If the City Council wishes to approve the tax
levy estimate at this meeting, we can hold a public hearing at the November 13th City Council
meeting.
2011 Levy Extension 2012 Maximum Levy
(Estimate)
2012 Levy
Recommended Amount
City and Library
Operations
(Capped)
3,424,340 3,550,692 3,650,692
City Bonds
(Uncapped) 723,689 N / A 486,146
Library Bonds
(Uncapped) 795,511 N / A 771,763
Totals 4,943,540 N / A 4,908,601
3 Assessment reductions or increases of your property compared to all other properties in Yorkville.
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20
1
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d
A
c
t
u
a
l
PUBLIC NOTICE OF
PROPOSED PROPERTY TAX LEVY
FOR THE UNITED CITY OF YORKVILLE
I. A public hearing to approve a proposed property tax levy
increase by THE UNITED CITY OF YORKVILLE for 2012 will
be held November 13, 2012 at 7:00 P.M. at the City Council
Chambers, 800 Game Farm Road, Yorkville, Illinois.
Any person desiring to appear at the public hearing and present
testimony to the taxing district may contact Bart Olson, City
Administrator, or Lisa Pickering, Deputy City Clerk, 800 Game
Farm Road, Yorkville, Illinois (630) 553-4350.
II. The corporate and special purpose property taxes extended for
2011 were $3,424,340.
The proposed corporate and special purpose property taxes to be
levied for 2012 are $3,650,692. This represents a 6.61% increase
over the previous year.
III. The property taxes extended for debt service and public
building commission leases for 2011 were $1,519,200.
The estimated property taxes to be levied for debt service and
public building commission leases for 2012 are $1,257,909. This
represents a 17.20% decrease over the previous year.
IV. The total property taxes extended or abated for 2011 were
$4,943,540.
The estimated total property taxes to be levied for 2012 are
$4,908,601. This represents a 0.71% decrease over the previous
year.
Page 1 of 1
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anicoletti
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Please see the attached memo and agreement.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Parks & Recreation
Public Works
Agenda Item Number
Mayor #4
Tracking Number
CC 2012-80
River City Roasters Concession Lease Amendment
CC October 23, 2012
Majority
Approve amendment to the concession lease agreement for
River City Roasters.
Park Board approved River City Roasters selling additional items including
musical instruments, art, and coffee shop curios and knick-knacks.
Laura Schraw Parks & Recreation
Name Department
River City Roasters recently began to display and sell DeMont Guitars. The owner did not recall
that the lease agreement had language regarding required approval to sell other goods than food
or beverages. Staff initially thought that changes to what they were selling could be approved by
the Director, similar to the Whitewater Ice Cream agreement. It has since been determined that
the lease agreement has different language and all changes to the goods sold by this business
must be approved by Park Board and City Council.
The Park Board approved the shop owner’s request at their October 15, 2012 Park Board
meeting to include musical instruments, art, and other coffee shop curious and knock-knacks.
Staff corrected the original lease amendment provided to the Park Board to accurately reflect the
language in the original lease agreement. There was a scrivener’s error of language in the
amendment provided to Park Board that said “sale of snacks and snack food, candies, ice cream,
soft drinks, popcorn, peanuts, confections of all kinds” which referenced the previous agreement
with Whitewater Ice Cream, where it should have stated “sale of coffee and other beverages and
other food” to accurately reflect the original approved River City Roasters lease agreement. This
language has been corrected and is in the attached lease amendment.
The conference room, as contemplated in the original lease agreement, is still available for rent
and can hold approximately 15 people. There are guitars and a variety of guitar goods for sale
hanging on the walls in this room but do not inhibit the use of the space.
Memorandum
To: Yorkville City Council
From: Laura Schraw, Interim Director of Parks and Recreation
CC: Bart Olson, City Administrator
Date: October 16, 2012
Subject: River City Roasters Lease Amendment
Ordinance No. 2012-____
Page 1
Ordinance No. 2012-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING A FIRST AMENDMENT TO A CONCESSSION
LEASE AGREEMENT WITH RIVER CITY ROASTERS
(NORTHERN PORTION OF 131 E. HYDRAULIC AVENUE)
WHEREAS, the United City of Yorkville (“ the City”) is a duly organized, and validly
existing non home-rule municipality of the State of Illinois under the 1970 Illinois Constitution
and the laws of the State of Illinois; and,
WHEREAS, the City is authorized pursuant to section 11-76-1 of the Illinois Municipal
Code (65 ILCS 5/11-76-1) to lease real estate owned by the City when it is no longer necessary,
appropriate, required for the use of, profitable to, or for the best interest of the City; and,
WHEREAS, the City and River City Roasters (the “Lessee”) entered into a lease
agreement as approved by Ordinance No. 2011-23 on June 14, 2011 for the northern portion of
the building at 131 E. Hydraulic Avenue for the purpose of operating a food concession business;
and,
WHEREAS, Lessee has requested to expand its list of permitted goods that it may sell
pursuant to the Concession Lease.
WHEREAS, the Corporate Authorities of the United City of Yorkville hereby find that it
is in the best interest of the City to amend said lease.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the First Amendment to a Concession Lease Agreement, a copy of
which is attached hereto and incorporated herein as Exhibit A, is hereby approved.
Section 2. That the Mayor and City Clerk, are hereby authorized to execute and deliver
said Agreement on behalf of the City.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this ________ day of ____________________, 2012.
______________________________
CITY CLERK
Ordinance No. 2012-____
Page 2
ROSE SPEARS ________ DIANE TEELING ________
KEN KOCH ________ JACKIE MILSCHEWSKI ________
CHRIS FUNKHOUSER ________ MARTY MUNNS ________
CARLO COLOSIMO ________ LARRY KOT ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
________ day of ____________________, A.D. 2012.
______________________________
MAYOR
FIRST AMENDMENT TO THE
CONCESSION LEASE AGREEMENT
(Riverfront Park)
This FIRST AMENEMEDNT TO THE CONCESSION LEASE AGREEMENT (“First
Amendment”) made and entered into this _____ day of , 2012, by and
between the United City of Yorkville, a municipal corporation, hereinafter referred to as
“City,” and Erick Goepel doing business as River City Roasters, hereinafter referred to as
“Lessee.”
WITNESSETH:
WHEREAS, after due consideration of written proposals for the operation of a
concession snack shop at Riverfront Park, the City entered into a Concession Lease
Agreement (“Concession Lease”) dated June 23, 2011 with Lessee, and
WHEREAS, Lessee has requested to expand its list of permitted goods that it may
sell pursuant to the Concession Lease.
NOW, THERFORE, the City and Lessee agree to amend the Concession Lease as
follows:
A. Paragraph 1 of the Concession Lease is amended to read as follows:
1. PURPOSE
It is the intent of this First amendment to the Concession Lease to provide an
exclusive privilege for a food and beverage concession operation for the sale of
coffee and other beverages and sandwiches and other food (except chewing gum,
beer, wine, tobacco products and intoxicating liquors) and the sale of musical
instruments, art and other coffee shop related curios and knick knacks at Riverfront
Park. All food stuff and commodities sold by Lessee shall be of the best quality, all
service prompt and courteous, all personnel shall be clean and presentable and the
facility, including all equipment, shall be kept in accordance with required health
standards and the ordinances of the City.
B. That paragraph 3.i. of the Concession Lease is amended to read as follows:
3.i. The Lessee shall be permitted to operate a business offering the following goods
and services in the premises defined herein, without further action by the City, and all
other uses and operations must be approved by the City:
1. Food and beverages for consumption on- and off-premises.
2. The Lessee shall not permit any alcoholic beverages to be sold or
consumed on the premises during the term of this Agreement; unless
approval is received form the City and all required permit and insurance
requirements are met.
3. Musical instruments, art and other coffee shop related curios and knick
knacks.
C. All remaining terms, not amended by this First Amendment, of the Concession Lease
shall remain if full force and effect
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed by the parsons duly authorized thereto the day and year first hereinabove
written.
The United City of Yorkville
_________________________________
Mayor
Attest:
______________________________
City Clerk
Lessee:
___________________________________
Erick Goepel, d/b/a River City Roasters
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memo.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Consultant
_______________
Agenda Item Number
EDC #1
Tracking Number
EDC 2012-53
Digital/Electronic Signs – Proposed Amendment to Sign Ordinance
City Council/ October 23, 2012
10/09/2012
Informational Item
EDC NB #5
Majority
Approval
Recommendation to amend Sign Ordinance to permit and regulate digital/electronic
signs.
Krysti J. Barksdale-Noble Community Development Director
Name Department
Per the discussion at the October 9th meeting and direction given by the City Council regarding a
proposed text amendment to the Sign Ordinance for digital/electronic signs, staff and the City Attorney have
prepared the attached ordinance for your consideration. Some modifications to the proposed sign ordinance
revisions have been made since staff last presented our initial memo to reflect comments from the City
Council and further research. Below is a summary of the proposed amendments:
Definitions
Definitions have been incorporated into the ordinance to assist in clearly defining “electronic message
display panels”, “animation” versus “video” and the nuisances between visual effects such as “dissolve”,
“fade” and “scrolling”. An “electronic message display panel” shall be defined as “a separate portion of a
lawful sign capable of displaying fixed or changing text, characters, figures or images using light emitting
diodes (LEDs), liquid crystal display (LCD), fiber optics, light bulbs or other illumination devices that can be
electronically changed by remote or automatic means.”
Ordinance Provisions
The attached ordinance makes provisions for incorporating an electronic message display panel within a
new or existing sign, allowing the overall sign to remain compliant with all the current sign ordinance
requirements. Below are proposed new sign criteria specific to electronic message display panels provided in
the ordinance:
Only One (1) electronic message display sign is permitted per lot.
Only freestanding signs may have an electronic message display panel.
Only movie theaters are permitted to display video, all other users may display static text and
animations.
Signs with electronic message display panels that face residentially zoned property shall be set back
not less than one thousand feet (1,000’) from the residentially zoned property and the display panel
shall not be operated when the business on that property is not open to the public for business except
for the name of the business and/or time and temperature.
The brightness of the electronic message displays will be limited to no more than 5,000 nits in the
daytime and 1,750 nits in the nighttime.
Note: Section 8-11-6-D of the Sign Ordinance states that “Illuminated signs permitted in or adjacent
to residential areas shall not be illuminated between the hours of eleven o’clock (11:00) P.M. and
five o’clock (5:00) A.M. unless the use to which the sign pertains is open.”
Sign applicants are required to provide written certification from the sign manufacturer that the light
intensity has been pre-set by the factory not to exceed the above-referenced requirements and is
secured with password-protected software or other method deemed appropriate by the city to ensure
there can be no tampering of the light levels by the end-user.
Any malfunctioning electronic message display panels must automatically turn off or be turned off
within 24 hours of the malfunction.
A sign with an electronic message display panel is required to be constructed in a natural material in
the same brick, stone or masonry construction used in the principal building’s exterior walls.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: October 15, 2012
Subject: Digital/Electronic Signs – Proposed Text Amendment to Sign Ordinance
Type of commercial building and location Maximum area of electronic message
display panel
Minimum time between
video, animation or
static text
Single commercial tenant building on parcel adjacent
to major arterial (Illinois Routes 47, 126, and 71, and
US Route 34)
32 sq. ft. 5 seconds
Multiple commercial tenant building on parcel
adjacent to major arterial
32 sq. ft. 5 seconds
Single commercial tenant building on parcel not
adjacent to major arterial
32 sq. ft. 8 seconds
Multiple commercial tenant building on parcel not
adjacent to major arterial
24 sq. ft. 8 seconds
Commercial Planned Unit Development
Maximum sign height – 10 feet
75 sq. ft. 5 seconds
Maximum area of electronic message
display panel
Minimum time between
video, animation or static
text
Manufacturing parcel of 3 acres or less 32 sq. ft. 8 seconds
Manufacturing parcel of more than 3 acres 36 sq. ft. 8 seconds
Staff Comments
Modification to Maximum Display Area
Staff would like to note that the revisions made to the charts regarding the size of the permitted signs
from our previous memo to now reflect the change in how we perceived measuring the sign. In our original
proposal, we suggested using an overall sign area, which included traditional sign text and electronic message
display. However, the current sign ordinance only permitted 50% of the freestanding sign area to be
composed of electronic display. Which means the larger sign area initially proposed would have actually
resulted in a smaller sign area for the digital sign.
Our current proposal permits the electronic message display panel to range from 24 square feet for
multi-tenant commercial retailers not adjacent to a major arterial to 32 square feet for single tenant
commercial buildings along a major roadway. This is consistent with our neighboring communities, and takes
into consideration the scale of the sign in comparison with the properties’ size and t he businesses need for
increased visibility. Additional consideration was given to Planned Unit Developments who were granted
signage approval as part of the PUD process and wanted to install a digital sign, they could do so outright and
not have to go through the public hearing process.
Facing Residentially Zoned Property
Finally, staff would ask the City Council to reconsider its requested provision that electronic message
display panels that face residentially-zoned property be setback 1,000 feet. The impact of this restriction could
preclude several businesses in various locations throughout the City not being able to install and benefit from
the new provisions of the ordinance (see attached examples). Further, there already exists in Section 8-11-6-D
requirements for an illuminated sign adjacent to residential areas and staff has incorporated language
establishing maximum nighttime intensity levels for brightness. Therefore, staff recommends removing
this provisions altogether.
Staff will be available at Tuesday night’s meeting to answer questions from the City Council regarding the
proposed text amendment to the sign ordinance.
Ordinance No. 2012-____
Page 1
Ordinance No. 2012-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, ALLOWING AND REGULATING ELECTRONIC SIGNS
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City pursuant its police power in furtherance of the public
health, safety, morals and general welfare and Section 11-13-1 of the Illinois Municipal
Code ( 65 ILCS 5/11-13-1) hereby adopts this Ordinance allowing and regulating
electronic signs.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Title 8, Chapter 11, Section 8-11-4 of the Yorkville City Code, as
amended, be and is hereby amended by amending the definition of Message Board Sign
to read as follows:
“MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations
can be changed manually without altering the face or surface of the sign.”
Section 2. That Title 8, Chapter 11, Section 8-11-4 of the Yorkville City Code, as
amended, be and is hereby amended by adding the definition of Electronic Message
Display Panel to read as follows:
“ELECTRONIC MESSAGE DISPLAY PANEL: means a separate portion of a lawful
sign capable of displaying fixed or changing text, characters, figures or images using
light emitting diodes (LEDs), liquid crystal display (LCD), fiber optics, light bulbs or
other illumination devices that can be electronically changed by remote or automatic
means. The following terms for electronic message display panels shall be defined as
follows:
Animation: the illusion of movement to drawings, models or inanimate objects by putting
separate pictures together to form the illusion of continuous motion.
Character: A letter, number, punctuation mark or decimal point.
Dissolve: where static messages are changed by means of varying light intensity or
pattern, where the first message gradually appears to dissipate and lose legibility
simultaneous to the gradual appearance and legibility of the subsequent message.
Fade: where static messages are changed by means of varying light intensity, where the
first message gradually reduces intensity to the point of not being legible and the
Ordinance No. 2012-____
Page 2
subsequent message gradually increases intensity to the point of legibility.
Nits: A luminance unit equal to one candle per square meter measured perpendicular to
the rays from the source.
Scrolling: where the message is changed by the apparent vertical movement of the letters
or graphic elements of the message.
Static: Graphics having no motion or movement of any type.
Text: Graphics consisting of letters, words, numbers, punctuation or decimal points only
that do not include any animation or video.
Travel: where the message is changed by the apparent horizontal movement of the letters
or graphic elements of the message.
Video: moving images that are a sequence of images of continuous motion and breaking
it up into discrete frames for subsequent display.”
Section 3. That Title 8, Chapter 11, Section 8-11-9A of the Yorkville City Code,
as amended, be and is hereby amended by adding subsection 3 to read as follows:
“3. Electronic Message Display Panel
a. There shall only be one (1) permitted sign per lot that may contain an electronic
message display panel.
b. A permanent freestanding business sign may be composed of an electronic message
display panel.
c. The electronic message display panel shall not make the sign otherwise not in
compliance with all the requirements of this Title and this Code.
d. Except for an electronic message display panel in a permitted sign for a movie theater,
all other electronic message display panels shall not display video but may display static
text and animation that dissolves, fades, scrolls or travels. Between each display shall be
the delay indicated in the chart in subsection j below.
e. Signs with electronic message display panels that face residentially zoned property
shall be set back not less than one thousand feet (1,000’) from the residentially zoned
property and the display panel shall not be operated when the business on that property is
not open to the public for business except for the name of the business and/or time and
temperature.
f. The brightness of the electronic message display panels shall not be more than 5,000
Nits in the daytime and 1,750 Nits in the nighttime.
Ordinance No. 2012-____
Page 3
g. Prior to issuing a permit for a sign that contains an electronic message display panel,
the applicant shall provide a written certification from the sign manufacturer that the light
intensity has been factory pre-set not to exceed the levels specified in this section and the
intensity level is protected from end-user manipulation by password-protected software
or other method deemed appropriate by the City.
h. Malfunctioning electronic message display panels shall automatically turn off or be
turned off within 24 hours of the malfunction.
i. A sign with an electronic message display panel shall be constructed with the other
components of the sign in a natural material in the same brick, stone or masonry
construction of the principal building’s exterior walls.
j. The maximum size of the electronic message display panel shall be:
Type of commercial building and location Maximum area of
electronic message
display panel
Minimum time
between video,
animation or
static text
Single commercial tenant building on parcel
adjacent to major arterial (Illinois Routes 47,
126, and 71, and US Route 34)
32 sq. ft. 5 seconds
Multiple commercial tenant building on
parcel adjacent to major arterial
32 sq. ft. 5 seconds
Single commercial tenant building on parcel
not adjacent to major arterial
32 sq. ft. 8 seconds
Multiple commercial tenant building on
parcel not adjacent to major arterial
24 sq. ft. 8 seconds
Commercial Planned Unit Development
Maximum sign height – 10 feet
75 sq. ft. 5 seconds
Section 4. That Title 8, Chapter 11, Section 8-11-10A of the Yorkville City
Code, as amended, be and is hereby amended by adding subsection 3 to read as follows:
“3. Electronic Message Display Panel
a. There shall only be one (1) permitted sign per lot that may contain an electronic
message display panel.
b. A permanent freestanding business sign may be composed of an electronic message
display panel.
c. The electronic message display panel shall not make the sign otherwise not in
compliance with all the requirements of this Title and this Code.
Ordinance No. 2012-____
Page 4
d. Except for an electronic message display panel in a permitted sign for a movie theater,
all other electronic message display panels shall not display video but may display static
text and animation that dissolves, fades, scrolls or travels. Between each display shall be
the delay indicated in the chart in subsection j below.
e. Signs with electronic message display panels that face residentially zoned property
shall be set back not less than one thousand feet (1,000’) from the residentially zoned
property and the display panel shall not be operated when the business on that property is
not open to the public for business except for the name of the business and/or time and
temperature.
f. The brightness of the electronic message display panels shall not be more than 5,000
Nits in the daytime and 1,750 Nits in the nighttime.
g. Prior to issuing a permit for a sign that contains an electronic message display panel,
the applicant shall provide a written certification from the sign manufacturer that the light
intensity has been factory pre-set not to exceed the levels specified in this section and the
intensity level is protected from end-user manipulation by password-protected software
or other method deemed appropriate by the City.
h. Malfunctioning electronic message display panels shall automatically turn off or be
turned off within 24 hours of the malfunction.
i. A sign with an electronic message display panel shall be constructed with the other
components of the sign in a natural material in the same brick, stone or masonry
construction of the principal building’s exterior walls.
j. The maximum size of the electronic message display panel shall be:
Maximum area of
electronic message
display panel
Minimum time
between video,
animation or static
text
Manufacturing parcel of 3 acres or less 32 sq. ft. 8 seconds
Manufacturing parcel of more than 3 acres 36 sq. ft. 8 seconds
Section 5. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Ordinance No. 2012-____
Page 5
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois
this ________ day of ____________________, A.D. 2012.
______________________________
CITY CLERK
ROSE ANN SPEARS ________ DIANE TEELING ________
KEN KOCH ________ JACKIE MILSCHEWSKI ________
CARLO COLOSIMO ________ MARTY MUNNS ________
CHRIS FUNKHOUSER _______ LARRY KOT ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this _____ day of _______________ 2012.
______________________________
MAYOR
250’ Radius
500’ Radius
Example of commercial business potentially impacted by 1,000’
setback for electronic signs facing residentially –zoned property.
250’ Radius
750’ Radius
Examples of commercial businesses potentially impacted by
1,000’ setback for electronic signs facing residentially–zoned
property.
250’ Radius
500’ Radius
750’ Radius
Example of commercial business potentially impacted by 1,000’
setback for electronic signs facing residentially–zoned property.
250’ Radius
500’ Radius
250’ Radius
500’ Radius
250’ Radius
750’ Radius
Examples of commercial businesses potentially impacted by
1,000’ setback for electronic signs facing residentially–zoned
property.
Background
At the request of various business owners and developers, as well as the recent direction of the
Economic Development Committee, staff is proposing a text amendment to the City’s Sign Ordinance to
permit digital/electronic signs for non-residentially zoned land uses.
Due to the continual advancements in technology and how its application in signage by businesses to
attract and inform customers, digital/electronic signs provide significant benefits to small and medium sized
businesses using digital/electronic signs which include: the flexibility to customize and update information in
real-time; increased visibility than traditional wall or ground-mounted signs; and provide greater visual
impact.
Existing Regulation
Currently, Sections 8-11-9 and 8-11-10 of the city’s Sign Ordinance permits “message board signs”
within the business and manufacturing-zoned districts. These signs are defined as being designed so that
characters, letters or illustrations can be changed manually or electronically without altering the face or
surface of the sign.1 Electronic message board areas are also required to have a minimum duration time of
twenty four (24) hours and no transition effects.
Freestanding permanent signs, or ground-mounted signs, in both the business and manufacturing-
zoned districts on lots less than three (3) acres are limited to a maximum of thirty-two (32) square feet in area
and eight (8) feet in height. Lots in excess of three (3) acres are permitted a freestanding permanent sign up to
sixty-four (64) square feet in area and eight (8) feet in height. No more than fifty percent (50%) of the sign
area can be composed of a message board sign.
Types of Signs
There are various types of freestanding or ground-mounted digital/electronic signs typically used for
on-premise business message displays, as illustrated below:
Animated
1 Ordinance 2010-04, 1-12-2010
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: October 4, 2012
Subject: Digital/Electronic Signs – Proposed Text Amendment to Sign Ordinance
Intermittent
Static
While we are most accustomed to seeing the intermittent and static type electric type signs on
commercial business properties, the popularity of animated digital signs is increasing. Digital light emitting
diode (LED) signs utilize technology similar to high definition televisions, producing a vibrant digital color
image allowing for changing billboard copy.
Surrounding Communities
Staff performed a cursory review of a few adjacent communities to determine how digital/electronic
signs are regulated. Of the communities’ sign ordinances reviewed, Plainfield, Sugar Grove and Oswego have
specific provisions permitting digital electronic signs. Below is a summary of those communities’ ordinances
related to electronic message signs:
Table 1. Sign Regulations for Digital Signs in Other Communities
Village of
Plainfield
Permanent Electronic Message Signs:
a. Electronic message signs may be incorporated into a single- or multi-tenant sign face such that
the electronic message sign face occupies less than fifty (50) percent of the total area of the sign
face.
b. The sign message shall periodically include information such as time, temperature o r other
messages of interest to the traveling public.
c. The sign message shall not consist of flashing, oscillating, chasing or animated lights, and shall
not change more frequently than once every two (2) seconds.
d. The sign structure shall conform to all applicable regulations as specified in the ordinance.
Animated Signs. Animated signs shall encompass tri-vision signs, digital programmable ink signs,
video/LED (light emitting diode) signs, LCD (liquid crystal display) signs as well as any other sign with a
static, animated or intermitted display.
a. The sign shall not exceed twenty-four (24) square feet in size.
b. The sign shall not consist of animation, flashing, oscillating, chasing or animated lights, and shall
not change more frequently than once every eight (8) seconds.
c. Signs will require a minimum of four hundred (400) feet of separation so as not to distract
drivers.
d. Audio and/or pyrotechnics shall be prohibited.
e. LED/video signs:
i. All LED/video signs shall be installed with a dimmer control.
ii. The average intensity of the LED display shall not exceed the levels specified in the
chart below:
Intensity Level (NITS)
Daytime 5,000
Nighttime 1,750
Village of
Oswego
Message Board Signs. Message board signs may be displayed on the development sign and shall comply
with the following:
a. The message board may not occupy more than 60% of the development sign area.
b. The message board shall be designed to be compatible in design and appearance with the
development sign.
c. The message board may be used only for a business or b usinesses occupying the lot in which the
sign is located.
d. The message board shall be turned -off within one hour of the closing of the business, except for
time/temperature display.
Village of
Montgomery
Electronic Message Board Sign. Electronic changeable message board signs shall be permitted when
incorporated into a ground sign subject to all applicable standards herein, and the following conditions but
shall be prohibited in all residential districts:
i. No more than 30% of the ground signs area provided shall be used as an electronic message
board sign.
Village of
Sugar Grove
Electronic message center (EMC) signs shall be allowed with the following standards:
a. Sign Type: EMCs utilizing LED technology are permitted. They shall only be permitted as a part of a
ground sign which is no more than eight feet (8') in height measured from the ground surface of the sign
structure where the bottom surface of the sign structure is in full and continuous contact (from edge to
edge) with the ground and is not a "pole" or "pedestal" sign (i.e., a sign that is supported on a single, or
multiple, pole(s), pedestal(s), or post(s)).
b. Display Area: No more than twenty five percent (25%) of the allowable sign face shall be dedicated to
the EMC, up to a maximum of twenty fo ur (24) square feet of EMC area.
c. Design: The EMC area must be integral to the design of the sign and shall not be the dominant element.
The EMC portion of the sign face shall not be the uppermost element. It shall be located in the bottom
one-half (1/2) of the sign face.
d. Display Duration: The EMC message shall remain fixed for a minimum of five (5) seconds before
changing its appearance.
e. Brightness And Color: The EMC must not display light of such intensity or brilliance to cause glare or
otherwise impair the vision of the driver, or result in a nuisance to the driver. Any one of the following
colors are permitted for electronic display with a black background or field and the EMC light intensity
shall not exceed the following luminous intensity levels (measured in nits):
Color Sunrise-Sunset Sunset-Sunrise
Red only 3,150 1,125
Green only 6,300 2,250
Amber only 4,690 1,675
The installed EMC shall not physically be able to produce nit levels higher than the s unrise-sunset
maximum listed above. A photoelectric sensor shall be installed on the sign structure and set to register
the ambient light produced at sunset on any given day. This ambient light level shall determine the cutoff
between the two (2) maximum luminous intensity levels. Upon installation of the EMC, a community
development department staff person or consultant shall confirm compliance with the nit levels.
f. Effects: The EMC message shall not grow, melt, X-ray, scroll, write on, travel, inverse, roll, twinkle,
snow, rotate, flash, blink, move, spin, wave, or rumble or present pictorials or other animation. The
message shall be limited to alphanumeric characters.
g. Setbacks From Residential Zoned Areas: The sign must be set back a minimum distance of two
hundred feet (200') from any abutting residential district.
7. Digital time and temperature signs shall be allowed with the following standards:
a. Effects: The message shall not grow, melt, X -ray, scroll, write on, travel, inverse, roll, twinkle, snow,
rotate, flash, blink, move, spin, wave, or rumble or present pictorials or other animation. The message
shall be limited to alphanumeric characters.
Staff Analysis & Recommendations
Upon review of the research and surrounding community ordinances, staff recommends amending the
current sign regulations to permit digital/electronic signs as on-premise displays for business and
manufacturing districts. These signs provide the widest variety of programmable display options including
graphic art, commercial advertisements, directional information, notification of special and event civic events.
Therefore, staff proposes a strategy for regulating electronic/digital signs which provides the greatest
flexibility for their use in locations throughout the city and in various land uses in a manner that maximizes
the benefits of the technology for the businesses while avoiding potential impacts to the community. This
strategy includes creating provisions specific by land use regarding: sign size, motion limitation,
illumination/intensity, setback, and display.
Below is a table of staff’s proposed revisions to the sign ordinance to permit and regulate
digital/electronic message signs:
Table 2. Proposed Revisions Permitting and Regulating Ground-Mounted Digital/Electronic Message Signs
Sign Type
Permitted Max. Sign Area
Max.
Sign
Height
Min.
Display
Duration
Business District
Major Arterial Commercial Uses (properties
along Rte. 47, Rte. 126, US 34, Rte. 71) -
Single-Tenant
LED/LCD
(Animated,
Intermitted,
Static)
36 sq. ft. (< 3 acres)
72 sq. ft. (3+ acres)
8 ft. 5 seconds
Major Arterial Commercial Uses (properties
along Rte. 47, Rte. 126, US 34, Rte. 71) -
Multi- Tenant
LED/LCD
(Animated,
Intermitted,
Static)
32 sq. ft. 8 ft. 5 seconds
All Other Commercial Uses
Single-Tenant Building LED/LCD
(Animated,
Intermitted,
Static)
32 sq. ft. (< 3 acres)
64 sq. ft. (3+ acres)
8 ft. 8 seconds
Multi-Tenant Building LED/LCD
(Animated,
24 sq. ft. 8 ft. 8 seconds
Intermitted,
Static)
Manufacturing District
Three (3) acres and less in area LED/LCD
(Animated,
Intermitted,
Static)
32 sq. ft. 8 ft. 8 seconds
More than three (3) acres in area LED/LCD
(Animated,
Intermitted,
Static)
36 sq. ft. 8 ft. 8 seconds
Planned Unit Developments (PUD)
LED/LCD
(Animated,
Intermitted,
Static)
75 sq. ft. 10 ft. 5 seconds
Additional regulations regarding number of digital/electronic signs, setbacks from residentially zoned land
uses, intensity and sign design are also proposed to apply:
Number of signs – There shall be a maximum of one (1) digital/electronic sign per lot.
Setback from Residentially Zoned Property - A minimum distance of two hundred (200) feet from the
digital/electronic message sign and the property line of nearest residentially-zoned property.
Intensity – The average intensity levels (NIT) for digital/electronic message signs shall not exceed
5,000 NITS in the daytime and 1,750 NITS in the nighttime. All animated LED/LCD
digital/electronic message signs shall be installed dimmer controls.
Sign Design – The sign design for digital/electronic message signs must be constructed with the base
supporting columns, if present, of a natural material in the same brick, stone or masonry construction
of the principal building’s exterior walls.
Staff Comments
Should the City Council approve of staff’s recommendations, the City Attorney will prepare an
ordinance reflecting the recommended revisions for approval at the October 23, 2012 meeting.
Chapter 11
SIGNS
8-11-1: PRINCIPLES:
The provisions of this chapter recognize that:
A. There is a significant relationship between the manner in which signs are displayed and
public safety and the value, quality of life and economic stability of adjoining property and
overall community.
B. The reasonable display of signs is necessary as a public service and necessary to the
conduct of competitive commerce and industry.
C. Signs are a constant and very visible element of the public environment and as such
should meet the same high standards of quality set for other forms of development in the
community. (Ord. 2009-31, 6-9-2009)
8-11-2: GENERAL PURPOSE:
The regulation of signs by this chapter is intended to promote and protect the public health,
safety and welfare by:
A. Enhancing the economic condition of the city by promoting reasonable, orderly and
effective use and display of signs.
B. Enhancing the physical appearance of the city.
C. Protecting the general public from damage and injury which might be caused by the faulty
and uncontrolled and inappropriate construction and use of signs within the city.
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D. Protecting the public use of streets and rights of way by reducing advertising distractions
that may increase traffic accidents and congestion.
E. Preserving the value of private property by assuring the compatibility in design and scale
of signs with adjacent properties and uses.
Accordingly, it is deemed necessary and in the public interest to regulate signs. To this
end, this chapter:
A. Establishes minimum standards for the display of signs in direct relationship to the
functional use of property and to the intensity of development as permitted within the
zoning districts which are provided in this chapter.
B. Regulates the size, location, height, installation and other pertinent features of new signs.
C. Requires the removal of derelict signs and the amortization of nonconforming signs.
D. Provides for the effective administration and enforcement of these regulations. (Ord. 2009
-31, 6-9-2009)
8-11-3: SCOPE:
The regulations of this chapter shall govern and control the erection, enlargement,
expansion, alteration, operation, maintenance, relocation and removal of all signs within the
city and any sign not expressly permitted by these regulations shall be prohibited.
The regulations of this chapter relate to the location of signs, by function and type, within
zoning districts and shall be in addition to provisions of the city of Yorkville building code and
the city of Yorkville electrical code. (Ord. 2009-31, 6-9-2009)
8-11-4: DEFINITIONS:
ANIMATED, FLASHING OR MOVING SIGN: Any sign that uses lights that flash or alternate
or which include action or motion or the appearance of action or motion either physically or
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electronically.
AWNING, CANOPY OR MARQUEE SIGN: A sign that is mounted or painted on, or attached
to, an awning, canopy or marquee that is otherwise permitted by this chapter. The
construction materials and the manner of construction of all awnings, canopies and
marquees shall be in accordance with the Yorkville building code.
BANNER: Any sign made of vinyl, fabric, or similar material that is displayed on a pole or
building. National, state or municipal flags, and official flags of any institution or business
shall not be considered banners.
BILLBOARD: A structure for the permanent display of off premises advertisement which
directs attention to a business, commodity, service or entertainment conducted, sold, or
offered at a location other than the lot on which the sign is located. For the purposes of this
chapter, this definition does not include off premises sponsorship banners.
BUSINESS SIGN: A sign which directs attention to a business or profession conducted, or to
a commodity or service sold, offered or manufactured, or to an entertainment offered, on the
premises where the sign is located or to which it is affixed. A business sign shall be a wall,
canopy, awning, marquee, or window sign.
COLD AIR INFLATABLE DEVICE: An inflatable device, without a frame, used as a portable
sign for promotions, sales or special events. A cold air balloon shall be ground mounted.
CONSTRUCTION SIGN: A sign erected on a lot on which construction is taking place,
indicating the names of the architects, engineers, landscape architects, contractors, and
similar artisans, and the owners, financial supporters, sponsors and similar persons or firms
having a role or interest with respect to the structure or project. Said sign shall be erected
only so long as construction is occurring on the lot. A construction sign shall be a wall or
freestanding sign.
FREESTANDING SIGN: Any sign supported by structures or supports that are placed on or
anchored in the ground and that are independent from any building or other structure.
GRAND OPENING TEMPORARY SIGN: A temporary sign used for the purpose of
advertising a grand opening of a new business. A grand opening temporary sign may be a
wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special
sales, or going out of business sales do not apply.
GROUND MOUNTED/MONUMENT SIGN: A sign that is supported on a base that is equal
in width and depth to the frame of the sign itself. A ground mounted/monument sign must be
constructed of materials to match the principal structure.
IDENTIFICATION SIGN: A sign giving the name and address of a residential building,
business, development, industry, or other building or establishment. Such signs may be
wholly or partly devoted to a readily recognized symbol. An identification sign shall be a
freestanding, wall, canopy, awning, or marquee sign.
MENU BOARD SIGN: A sign at a remote location on a lot giving product and price
information about products sold on the lot to motorists in a waiting vehicle.
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MESSAGE BOARD SIGN: A sign designed so that characters, letters or illustrations can be
changed manually or electronically without altering the face or surface of the sign. Electronic
message boards must have a minimum duration time of twenty four (24) hours and no
transition effects.
OFF PREMISES SPONSORSHIP BANNER: Temporary signs which display advertisement
for sponsors of an event or facility, such as an athletic event or field, on the location where
the sign is located.
POLE SIGN: A freestanding sign supported by a column or columns whose total width is
less than fifty percent (50%) of the sign face depth.
PORTABLE SIGN: A movable sign, excluding trailer signs, that is not attached to a structure
or affixed to the ground or surface upon which it is located.
PROJECTING SIGN: A sign which in whole or in part is dependent upon the building for
support and projects more than twelve inches (12") from such building, except for awning,
canopy and marquee signs.
REAL ESTATE SIGN: A sign indicating the sale, rental, lease, or development of the lot, a
portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall
be a wall or freestanding sign.
ROOF SIGN: A sign that is wholly dependent upon a building for support or mounted on the
roof, which projects more than six inches (6") above the highest point of a building or roof to
which it is attached.
SANDWICH SIGN OR A-FRAME SIGN: A temporary, portable sign constructed of two (2)
boards hinged together toward the top to permit the sign to stand when the bottom edges of
the boards are spread; each side of which is no more than twelve (12) square feet.
SNIPE SIGNS: A temporary or permanent nongovernmental sign in a public right of way
which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence,
traffic sign, traffic control device, utility pole, tree or the ground.
TEMPORARY SIGNS: Any sign, banner, pennant, streamer, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material.
TRAILER SIGN: A sign mounted on a chassis with or without wheels.
VEHICLE SIGN: Any vehicle primarily situated to serve as a sign rather than as
transportation. An automobile, van, or truck displaying the name and/or other information
regarding the related establishment used for normal business operation or for employee
transportation is not a vehicle sign.
WALL SIGN: A sign fastened to or painted on the wall of a building or structure in such a
manner that the wall becomes the supporting structure for, or forms the background surface
of, the sign and which does not project more than twelve inches (12") from such building or
structure.
WIND FEATHER (Also Known As WIND FLAG, TEARDROP BANNER AND BLADE): Fabric
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or plastic attention getting devices supported by a single pole and having a tall, narrow
orientation whose rotation is determined by the wind direction.
WINDOW SIGN: A sign which is applied or attached to or located within three feet (3') of the
interior of a window, which sign may be seen through the window from the exterior of the
structure. (Ord. 2010-04, 1-12-2010; amd. Ord. 2010-18, 4-13-2010; Ord. 2010-25, 6-8-
2010)
8-11-5: SIGNS EXEMPT FROM THIS CHAPTER:
Nothing in this chapter shall be construed as exempting the following signs from the building
code or those portions of this code applicable to signs. The following signs are otherwise
exempt from regulations of this chapter:
A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic
organizations. One logo flag of a business shall be permitted on a lot provided that it is
flown with the American flag and shall not be larger than the American flag.
B. Decorations customarily and commonly associated with a national, local or religious
holiday, celebration or anniversary provided that such decorations shall not be displayed
for more than sixty (60) consecutive days.
C. Signs four (4) square feet or less in area and five feet (5') in height or less on private
property regulating on premises traffic and parking.
D. Bulletin boards, message boards, and similar devices no greater than thirty two (32)
square feet in area, five feet (5') high and not in the vision triangle, used solely to give
information about and accessory to a public, charitable, educational or religious
institution located on the lot.
E. Legal notices, identification, informational, directional, traffic or other sign erected or
required by governmental authority.
F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a
building and the date of construction, when cut into any masonry surface so as to be part
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of the building or when constructed of bronze or some other noncombustible material and
permanently attached to a building.
G. Nonilluminated window signs painted on or covering no more than fifty percent (50%) of
the window area, excluding glass doors.
H. Real estate signs four (4) square feet or less in area, provided that no more than one
such sign shall be permitted in each yard abutting a street. Real estate signs shall be
freestanding signs and set back a minimum of five feet (5') from any lot line and shall be
five feet (5') or less in height and shall not be illuminated.
I. Menu boards accessory to a restaurant drive-up window facility, provided such signs are
thirty six (36) square feet or less in area.
J. Signs used to identify the type of model home when used in conjunction with a developing
residential subdivision. Each type of model home is allowed one sign not to exceed eight
(8) square feet in area and five feet (5') in height. Such sign shall be located on the lot
where the model home is located and shall be removed upon occupancy of the home for
normal residential use.
K. "No Trespassing", "Beware of Dog" and other similar warning signs four (4) square feet or
less in area.
L. Name and address plates which give only the name and address of the resident(s) of the
building less than three (3) square feet on single- and two-family dwellings and five (5)
square feet for multi-family dwellings.
M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is
present only during the duration of the sale and is less than four (4) square feet in area.
N. Building interior signage.
O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates
for political office or political issues, provided that such signs shall not be displayed more
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than sixty (60) days before any election and shall be removed within five (5) days after
said election.
P. Construction signs under eight (8) square feet.
Q. Window signs covering no more than sixty percent (60%) of the window area excluding
glass doors.
R. Permanent, nonflashing signs on vending machines, gas pumps, ice and propane storage
units. (Ord. 2009-31, 6-9-2009)
8-11-6: GENERAL PROVISIONS:
A. Sign Area: The area of the sign face which is also the sign area of a wall sign or other
sign with only one face shall be computed by means of the smallest square, rectangle,
circle, triangle or combination thereof that will encompass the extreme limits of the writing
representation, emblem or other display, together with any material or color forming an
integral part of the background of the display or used to differentiate the sign from the
backdrop or structure against which it is placed. It does not include any supporting
framework, bracing or decorative fence or wall when such fence or wall otherwise meets
zoning ordinance regulations and is clearly incidental to the display itself. A double faced
sign shall count as a single sign.
B. Sign Height: The height of a sign shall be computed as the distance from the grade of the
centerline of the adjacent street to the top of the highest attached component of the sign.
C. Yard Requirements: Except as otherwise provided, signs shall be located at least five feet
(5') from any driveway and lot line. Furthermore, no sign shall be erected or located in a
public right of way except as established by the authorized public entity responsible for
the right of way. No sign having a height more than thirty inches (30") shall be located
within that part of the yard or open area of a corner lot included within a triangular area of
twenty five feet (25') from the point of intersection of two (2) street right of way lines
forming such a corner lot.
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D. Illumination Of Signs: The illumination of all signs shall be diffused or indirect and shall be
so arranged that there will be no direct or reflecting rays into the public way or any lot on
the perimeter of the premises on which the sign is located. Exposed light bulbs, neon
tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies
are not permitted.
Illuminated signs permitted in or adjacent to residential areas shall not be illuminated
between the hours of eleven o'clock (11:00) P.M. and five o'clock (5:00) A.M. unless the
use to which the sign pertains is open.
E. Sign Maintenance: The owner of a sign and the owner of the premises on which the sign
is located shall be jointly and severally liable to maintain such sign or signs subject to the
following standards:
1. Signs shall be maintained in a neat and orderly condition and good working order,
including illumination sources, at all times.
2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust
or deterioration.
3. Signs shall conform to maintenance provisions of the building and electrical codes as
adopted by the city of Yorkville.
F. Abandoned Signs: Except as otherwise provided in this chapter, any temporary sign
installed for a period of thirty (30) days or more, or any sign which pertains to a time,
event, or purpose which no longer applies, shall be removed. Permanent signs
applicable to a business because of change in ownership or management of such
business shall be deemed abandoned if the property remains vacant for a period of six
(6) months or more. An abandoned sign is prohibited and shall be removed by the owner
of the sign or owner of the premises within thirty (30) days.
G. Removal Of Signs: Any sign found to be improperly maintained, abandoned or otherwise
in violation of this chapter which is not removed or repaired within thirty (30) days of
written notice of the code official may be removed by the code official. Any expense
incidental to such removal or repair shall be charged to the owner of the property upon
which the sign is located and shall constitute a lien upon the property. (Ord. 2009-31, 6-9
-2009)
8-11-7: PROHIBITED SIGNS:
The following signs shall not be permitted:
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A. Moving, animated and flashing signs, except electronic message boards.
B. Roof signs.
C. Vehicle signs.
D. Signs which constitute a hazard to public health or safety.
E. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit
or entrance.
F. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct
the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or
control device on public streets.
G. Signs which make use of words such as "stop", "look", "one-way", "danger", "yield" or any
similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or
vehicular traffic.
H. Billboards.
I. Trailer signs, except directional or informational signs exempted by subsection 8-11-5E of
this chapter.
J. Searchlights, except searchlights for grand openings and special civic events.
K. Snipe signs.
L. Signs displaying obscene or indecent matter.
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M. Moving, rotating or animated signs except traditional barber poles not exceeding two feet
(2') in height and projecting not more than twelve inches (12") from the building utilized
only to identify a haircutting establishment. (Ord. 2009-31, 6-9-2009)
8-11-8: PERMITTED SIGNS; AGRICULTURAL, FLOOD ZONE AND
RESIDENTIAL ZONING DISTRICTS:
A. Permanent Signs:
1. Freestanding Identification Or Business Signs: All nonresidential uses in the
agricultural, flood zone and residential zoning districts may have one freestanding
business or identification sign. Nonresidential uses in the agricultural, flood zone and
residential zoning districts on a corner lot with entrances on both streets may have one
freestanding sign on each street frontage. Said sign shall be thirty two (32) square feet
or less in area, five feet (5') or less in height and set back at least ten feet (10') from
the street or entrance drive.
Freestanding signs must be constructed with the base and supporting columns, if
present, constructed of the same brick, stone or masonry material that the exterior
walls of the principal building are made of. The sign panel containing the type and the
type must match the color and type used on any wall mounted signage.
No more than fifty percent (50%) of the freestanding sign area may be composed of a
message board sign.
2. Building Mounted Identification Or Business Signs: All nonresidential uses in the
agricultural, flood zone or residential zoning districts shall be permitted to have
identification or business signage for each exterior wall of that part of the building
facing a public right of way. No more than fifty percent (50%) of the building mounted
sign area may be composed of a message board sign. Building mounted signage
cannot extend more than seventy five percent (75%) of the building facade of the
building to which it is attached.
3. Subdivision And Residential Complex Identification Signs: Two (2) permanent
subdivision or residential complex identification signs, one on each side of the street,
at primary entrances to a residential subdivision or complex containing no commercial
advertising is permitted. Such signs shall be thirty two (32) square feet or less in area
and eight feet (8') or less in height and constructed out of premium building materials
such as brick or stone. For the purposes of this provision this sign may be installed in
two (2) components, one on each side of the street.
B. Temporary Signs:
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1. Real Estate Signs: On nonsingle-family residential lots, one real estate sign per street
frontage no greater than thirty two (32) square feet in area or five feet (5') in height.
2. Residential Marketing Signs: Residential marketing signs at major entrances to
residential subdivisions not to exceed one hundred (100) square feet and twelve feet
(12') in height. (Ord. 2009-31, 6-9-2009)
3. Off Site Marketing Signs: Residential off site marketing signs to call attention to and
give directions to residential developments in Yorkville shall be allowed at no more
than four (4) off site locations, and shall be no greater than one hundred (100) square
feet in area and twelve feet (12') in height. Signs for a given development may be
located in any zoning district provided that there is at least one-fourth (1/4) mile
separation from the other off site marketing signs of that development and that no off
site marketing sign be closer to a residence than one hundred feet (100'). Off site
marketing signs for different developments must be at least two hundred fifty feet
(250') from any other off site marketing sign. (Ord. 2010-04, 1-12-2010)
4. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square
feet in area and eight feet (8') in height.
5. Construction Signs: One construction sign per nonsingle-family lot not to exceed thirty
two (32) square feet in area and five feet (5') in height. (Ord. 2009-31, 6-9-2009)
6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual
banners shall be mounted on an outfield fence, backstop or scoreboard. Banners
mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in
size and shall face the playing field. Banners mounted on a scoreboard or backstop
shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010)
8-11-9: PERMITTED SIGNS; BUSINESS ZONING DISTRICTS:
A. Permanent Signs:
1. Freestanding Business Signs: On lots less than three (3) acres with one street
frontage, one freestanding business sign thirty two (32) square feet or less feet in area
and eight feet (8') or less in height shall be allowed. If the lot has more than one street
frontage, one freestanding business sign thirty two (32) square feet or less in area and
eight feet (8') or less in height per street frontage with an entrance/exit shall be
allowed.
On lots three (3) acres or larger with one street frontage, one freestanding business
sign sixty four (64) square feet or less in area and eight feet (8') or less in height shall
be allowed. If the lot has more than one street frontage, one freestanding business
sign sixty four (64) square feet or less in area and eight feet (8') or less in height per
street frontage with an entrance/exit shall be allowed.
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On lots three (3) acres or larger that have a street frontage(s) in excess of eight
hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart
may have two (2) freestanding business signs sixty four (64) square feet or less in area
and eight feet (8') or less in height on each street frontage.
Freestanding signs must be constructed with the base and supporting columns, if
present, constructed of the same brick, stone or masonry material that the exterior
walls of the principal building are made of. The sign panel color and type must match
the color and type used on any wall mounted signage.
No more than fifty percent (50%) of the freestanding sign area may be composed of a
message board sign. (Ord. 2010-04, 1-12-2010)
2. Building Mounted Business/Identification Signs:
a. Single Use Building: A business having a public entrance in an exterior building wall
or having an exterior wall facing a public right of way shall be permitted to have
building mounted identification signage or building mounted business signage for
each exterior wall of that part of the building in which it is located, provided said wall
contains a public entrance or faces a public right of way. The maximum area of such
sign shall not exceed two (2) square feet for each one linear foot of the facade of the
building with a public entrance. No wall sign shall extend more than seventy five
percent (75%) of the width of the building facade to which it is attached.
b. Multi-Tenant Buildings: Each tenant having a public entrance in an exterior building
wall or having an exterior wall facing a public right of way shall be permitted to have
building mounted business or building mounted identification signage for each
exterior wall of that part of the building in which it is located, provided said wall
contains a public entrance.
The maximum area of such sign(s) shall not exceed two (2) square feet in area for
each one linear foot of the facade of that portion of the building of which the tenant
or owner-occupant is in possession and to which the sign is attached. No wall sign
shall extend more than seventy five percent (75%) of the width of that part of the
building facade in which it is located.
c. Message Board Sign Limitation: No more than fifty percent (50%) of the building
mounted sign area may be composed of a message board sign.
B. Temporary Signs:
1. Searchlights: Searchlights.
2. Cold Air Inflatable Devices: Cold air inflatable devices.
3. Grand Opening Signs: One grand opening sign not to exceed thirty two (32) square
feet in area and eight feet (8') in height.
4. Commercial Real Estate Signs: On commercial lots, one real estate sign per street
frontage no greater than thirty two (32) square feet in area and five feet (5') in height.
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5. Construction Signs: One construction sign per lot not to exceed thirty two (32) square
feet in area and five feet (5') in height.
6. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30)
days.
7. Banners: One special business event sign per business not to exceed thirty two (32)
square feet in area.
8. Portable Signs: One portable sign per business not to exceed sixteen (16) square feet
in area. (Ord. 2009-31, 6-9-2009)
9. Off Premises Sponsorship Banner: Banners shall be on city property. Individual
banners shall be mounted on an outfield fence, backstop, or scoreboard. Banners
mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in
size and shall face the playing field. Banners mounted on a scoreboard or backstop
shall be a maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010)
8-11-10: PERMITTED SIGNS; MANUFACTURING ZONING DISTRICTS:
A. Permanent Signs:
1. Freestanding Business Sign: On lots less than three (3) acres or on lots that face a
residentially zoned or used lot with one street frontage, one freestanding business sign
shall be allowed. Said sign shall be thirty two (32) square feet or less in area and eight
feet (8') or less in height. If the lot has more than one street frontage, one freestanding
business sign thirty two (32) square feet or less in area and eight feet (8') or less in
height per street frontage with an entrance/exit shall be allowed.
On lots three (3) acres or larger with one street frontage, one freestanding business
sign shall be allowed. Said sign shall be a maximum of sixty four (64) square feet or
less in area and eight feet (8') or less in height shall be allowed. If the lot has more
than one street frontage, one freestanding business sign sixty four (64) square feet or
less in area and eight feet (8') or less in height per street frontage with an entrance/exit
shall be allowed.
On lots three (3) acres or larger that have a street frontage(s) in excess of eight
hundred feet (800') with two (2) entrances/exits at least six hundred feet (600') apart
may have two (2) freestanding business signs sixty four (64) square feet or less in area
and eight feet (8') or less in height on each street frontage.
Freestanding signs must be constructed with the base and supporting columns, if
present, constructed of the same brick, stone or masonry material that the exterior
walls of the principal building are made of. The sign panel containing the type and the
type must match the color and type used on any wall mounted signage.
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No more than fifty percent (50%) of the freestanding sign area may be composed of a
message board sign.
2. Building Mounted Business/Identification Signs:
a. Single Use Building: A business having a public entrance in an exterior building wall
or having an exterior wall facing a public right of way shall be permitted to have
building mounted identification signage or building mounted business signage for
each exterior wall of that part of the building in which it is located, provided said wall
contains a public entrance or faces a public right of way. The maximum area of such
sign shall be two (2) square feet or less in area for each one linear foot of the facade
of the building with a public entrance.
b. Multi-Tenant Buildings: Each tenant having a public entrance in an exterior building
wall or having an exterior wall facing a public right of way shall be permitted to have
building mounted identification signage or building mounted business signage for
each exterior wall of that part of the building in which it is located, provided said wall
contains a public entrance.
The maximum area of such sign(s) shall be two (2) square feet or less in area for
each one linear foot of the facade of that portion of the building of which the tenant
or owner-occupant is in possession and to which the sign is attached. All business
and identification signs shall be wall, awning, canopy or marquee signs.
c. Message Board Sign Limitation: No more than fifty percent (50%) of the building
mounted sign area may be composed of a message board sign.
B. Temporary Signs:
1. Real Estate Signs: On industrial lots, one real estate sign per street frontage no
greater than thirty two (32) square feet in area or five feet (5') in height.
2. Construction Signs: One construction sign per industrial lot not to exceed thirty two
(32) square feet in area and ten feet (10') in height.
3. Banners/Special Business Event Sign: One banner/special business event sign per
business not to exceed thirty two (32) square feet in area and ten feet (10') in height.
4. Portable Sign: One portable sign per business not to exceed sixteen (16) square feet
in area.
5. Wind Feathers: No limit on the quantity per lot. Time period not to exceed thirty (30)
days. (Ord. 2009-31, 6-9-2009)
6. Off Premises Sponsorship Banner: Banners shall be on city property. Individual
banners shall be mounted on an outfield fence, backstop or scoreboard. Banners
mounted on an outfield fence shall be a dimension of three feet by six feet (3' x 6') in
size and shall face the playing field. Banners mounted on a scoreboard shall be a
maximum area of thirty two (32) square feet. (Ord. 2010-04, 1-12-2010)
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8-11-11: NONCONFORMING SIGNS:
A. Any sign for which a permit has been lawfully granted prior to the effective date of this or
any subsequent amendment to the sign ordinance and which does not comply with the
provisions of such amendment may nonetheless be completed in accordance with the
approved plans, provided construction of the sign is started within ninety (90) days after
the passage of the ordinance amendment and is completed within sixty (60) days after
beginning construction.
B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or
whenever there is evidence of a clear intent on the part of the owner to abandon a
nonconforming sign, such sign shall not, after being discontinued or abandoned, be
reestablished and the sign hereafter shall be in conformity with the regulations of this
chapter.
C. Normal maintenance of a nonconforming sign is permitted, including necessary
nonstructural repairs or incidental alterations which do not extend or intensify the
nonconforming features of the sign.
D. No structural alteration, enlargement or extension shall be made in a nonconforming sign
except when the alteration will actually result in eliminating the nonconformance.
E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty
percent (50%) or more of the replacement value at the time, the sign can be rebuilt or
used thereafter only for a conforming use and in compliance with the provisions of this
chapter. In the event the damage or destruction is less than fifty percent (50%) of its
replacement value based upon prevailing costs, the sign may then be restored to its
original condition and the use may be continued which existed at the time of such partial
destruction until the nonconforming sign is otherwise abated by the provisions of this
chapter. In either event, a permit for restoration or repair must be applied for within a
period of thirty (30) days from the date of damage or destruction, and be completed
within sixty (60) days after beginning restoration or repair.
F. Existing temporary signs shall expire at the termination date specified on the permit, but in
no case later than six (6) months from the passage date hereof. New temporary signs
shall be allowed only in conformance with the provisions contained in this chapter. Such
signage must be removed by the close of business of the day the temporary sign permit
expires. (Ord. 2009-31, 6-9-2009)
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8-11-12: PERMITTING PROCEDURES:
Permits for permanent and temporary signs: (Ord. 2009-31, 6-9-2009)
A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated
unless the person proposing to erect, alter or move such sign shall obtain a permit from
the code official. Such permit shall be issued only when the sign complies with all of the
applicable provisions of this chapter.
The fee for granting such a permit for signs shall be established by the city council. The
schedule of fees for signs shall be posted in the city offices and may be amended only by
the city council. A deposit of fifty dollars ($50.00) shall be required at the time of permit
application for any temporary banner sign, which deposit shall be returned to the
applicant upon removal of the temporary banner sign, unless the applicant is in violation
of the provisions of this chapter.
Routine sign maintenance, changing of parts designed for change, or changing the
content of a sign in any manner which does not change the functional classification of the
sign shall not, standing alone, be considered an alteration of the sign requiring the
issuance of a permit, unless such change of parts or content relates to or is occasioned
by a change in the ownership or nature of the activity to which the sign relates or which is
conducted on the premises on which the sign is located. (Ord. 2010-25, 6-8-2010)
B. Application For Permit: Any person desiring a permit for a permanent or temporary sign
shall file a permit application which shall contain or have attached the following
information:
1. A copy of plans and specifications showing the method of construction, illumination, if
any, and support of such sign. Calculations showing the sign is designed for dead load
and wind pressure in any direction in the amount required by other applicable laws and
ordinances of the city may be required.
2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating
the location of the sign(s) on any building or structure on the lot.
3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the
proposed message and design, accurately represented as to size, area, proportion and
color.
4. The written consent of the owner(s) or agent of the building, structure, or land on
which the sign is erected.
5. The name, address and phone number of the applicant.
6. The name of the person, firm, corporation or association erecting, altering or moving
the sign. (Ord. 2009-31, 6-9-2009)
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C. Temporary Sign Permit Frequency And Duration Per Business:
Type Of Sign Maximum Duration Maximum Frequency
Banners 30 days 5 times per year
Sandwich board or A-frame 6 months Renewable
Commercial real estate 6 months Renewable
Industrial real estate 6 months Renewable
Residential marketing 6 months Renewable
Grand opening 45 days Once per business
Cold air inflatable device 72 hours Once per year
Searchlights 72 hours Once per year
Wind feather (per property) 30 days ($25.00 fee) Renewable ($5.00 fee)
Construction During active building permit issuance
Off premises sponsorship banner 8 months: March through October
(Ord. 2010-18, 4-13-2010; amd. Ord. 2010-25, 6-8-2010)
8-11-13: SIGN VARIATIONS:
In addition to the procedures and standards listed in section 10-14-5 of this code regarding
variations from the requirements, the zoning board of appeals shall also consider the
following factors in hearing testimony and making decisions regarding sign variance
requests:
A. If the sign was erected legally with a sign permit.
B. If there are any unique physical characteristics of the property.
C. If there are limited available locations for signage on the property.
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D. The cost to the applicant of complying with the sign ordinance requirements.
E. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit.
F. If the sign is on a street with twenty thousand (20,000) or higher vehicle trips per day.
G. If the sign would be blocked by existing or required landscaping.
H. If it is a wall sign facing a public right of way without a public entrance. (Ord. 2009-31, 6-9
-2009)
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached staff report and attachments.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Consultant
_______________
Agenda Item Number
EDC #2
Tracking Number
EDC 2012-54
Building Mounted Signs – Proposed Amendment to Sign Ordinance
City Council/ October 23, 2012
October 2, 2012
EDC Recommendation
EDC NB #6
Majority
Approval
See attached memo.
Krysti J. Barksdale-Noble Community Development Director
Name Department
Per the request of a local business owner and at the direction of the Economic Development
Committee on October 2, 2012 (see attached memo), staff is proposing the attached ordinance which amends
the city’s Sign Ordinance to allow for additional permanent wall-mounted signage for commercial uses.
As proposed, secondary building-mounted signs (those not located over a public entrance or facing a
public-right of way) will be permitted to be installed up to a maximum of one (1) square foot for each linear
foot of the façade area and extend no more than 50% of the width of the side of the building. This would
permit a total of four (4) building-mounted identification signs on a business, one per façade. However,
illuminated building-mounted signage adjacent to or facing residential land uses would not be permitted.
To assist the City Council in visualizing how the proposed amendment to the sign ordinance would
benefit existing and new businesses, staff has prepared the attached illustrations to demonstrate a few
locations that would require variances under the current sign ordinance to install additional wall signage.
Staff will be available at Tuesday night’s meeting to answer any questions of the City Council regarding
this proposed text amendment to the Sign Ordinance or the information provided herein.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: October 16, 2012
Subject: Building Mounted Signs – Proposed Amendment to Sign Ordinance
Priority Health
Chiropractic & Body Makeover
201 W. Veterans Parkway
Location of Potential
Additional Wall Sign
Subway
1965 South Bridge Street
Unit A
Location of Potential
Additional Wall Sign
Dairy Queen Grill & Chill Restaurant
(Future Location)
704 E. Veterans Parkway
Location of Potential
Additional Wall Signs
Ordinance No. 2012-____
Page 1
Ordinance No. 2012-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, AMENDING THE REGULAITONS FOR
BUILDING MOUNTED SIGNS
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and
validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City pursuant its police power in furtherance of the public
health, safety, morals and general welfare and Section 11-13-1 of the Illinois Municipal
Code ( 65 ILCS 5/11-13-1) hereby adopts this Ordinance allowing and regulating
building mounted business and identification signs.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Title 8, Chapter 11, Section 8-11-9A.2 of the Yorkville City
Code, as amended, be and is hereby amended to read as follows:
“2. Building Mounted Business/Identification Signs:
a. Single Use Building:
(1) A business having a public entrance in an exterior building wall or having an
exterior wall facing a public right of way shall be permitted to have building
mounted identification signage or building mounted business signage for each
exterior wall of that part of the building in which it is located, provided said wall
contains a public entrance or faces a public right of way. The maximum area of
such sign shall not exceed two (2) square feet for each one linear foot of the
facade of the building with a public entrance. No wall sign shall extend more than
seventy five percent (75%) of the width of the building facade to which it is
attached.
(2) In addition to the signs permitted in subsection a.(1) above, a business on an
exterior wall not having a public entrance or facing a public right-of-way may
have a building mounted business/identification sign on such a wall not exceeding
in size one square foot (1.0) in area for each one (1.0) linear foot of the width of
that exterior wall and shall not extend more than fifty percent (50%) of the length
of that exterior wall. Such a sign shall not be illuminated either internally or
externally if that sign faces residential land uses.
b. Multi-Tenant Buildings:
(1) Each tenant having a public entrance in an exterior building wall or having an
exterior wall facing a public right of way shall be permitted to have building
mounted business or building mounted identification signage for each such
exterior wall that is adjacent or a part of its owned or leased premises. The
maximum area of such a sign shall not exceed two (2) square feet in area for each
Ordinance No. 2012-____
Page 2
one linear foot of the tenant’s exterior wall. No wall sign shall extend more than
seventy five percent (75%) of the width of that part of the tenant’s exterior wall.
(2) In addition to the signs permitted in subsection b.(1) above, a tenant on an
exterior wall not having a public entrance or facing a public right-of-way may
have a building mounted business/identification sign, on that portion of a wall that
is adjacent or a part of its owned or leased premises. The size of such a sign shall
not exceed one square foot (1.0) in area for each one (1.0) linear foot of the width
of the tenant’s exterior wall and shall not extend more than fifty percent (50%) of
the length of the tenant’s exterior wall. Such a sign shall not be illuminated either
internally or externally if that sign faces residential land uses.”
Section 2. That Title 8, Chapter 11, Section 8-11-10A.2 of the Yorkville City
Code, as amended, be and is hereby amended to read as follows:
“2. Building Mounted Business/Identification Signs:
a. Single Use Building:
(1) A business having a public entrance in an exterior building wall or having an
exterior wall facing a public right of way shall be permitted to have building
mounted identification signage or building mounted business signage for each
exterior wall of that part of the building in which it is located, provided said wall
contains a public entrance or faces a public right of way. The maximum area of
such sign shall not exceed two (2) square feet for each one linear foot of the
facade of the building with a public entrance. No wall sign shall extend more than
seventy five percent (75%) of the width of the building facade to which it is
attached.
(2) In addition to the signs permitted in subsection a.(1) above, a business on an
exterior wall not having a public entrance or facing a public right-of-way may
have a building mounted business/identification sign on such a wall not exceeding
in size one square foot (1.0) in area for each one (1.0) linear foot of the width of
that exterior wall and shall not extend more than fifty percent (50%) of the length
of that exterior wall. Such a sign shall not be illuminated either internally or
externally if that sign faces residential land uses.
b. Multi-Tenant Buildings:
(1) Each tenant having a public entrance in an exterior building wall or having an
exterior wall facing a public right of way shall be permitted to have building
mounted business or building mounted identification signage for each such
exterior wall that is adjacent or a part of its owned or leased premises. The
maximum area of such a sign shall not exceed two (2) square feet in area for each
one linear foot of the tenant’s exterior wall. No wall sign shall extend more than
seventy five percent (75%) of the width of that part of the tenant’s exterior wall.
(2) In addition to the signs permitted in subsection b.(1) above, a tenant on an
exterior wall not having a public entrance or facing a public right-of-way may
have a building mounted business/identification sign, on that portion of a wall that
is adjacent or a part of its owned or leased premises. The size of such a sign shall
not exceed one square foot (1.0) in area for each one (1.0) linear foot of the width
of the tenant’s exterior wall and shall not extend more than fifty percent (50%) of
Ordinance No. 2012-____
Page 3
the length of the tenant’s exterior wall. Such a sign shall not be illuminated either
internally or externally if that sign faces residential land uses.”
Section 3. This Ordinance shall be in full force and effect upon its passage,
approval, and publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this ________ day of ____________________, A.D. 2012.
______________________________
CITY CLERK
ROSE ANN SPEARS ________ DIANE TEELING ________
KEN KOCH ________ JACKIE MILSCHEWSKI ________
CARLO COLOSIMO ________ MARTY MUNNS ________
CHRIS FUNKHOUSER _______ LARRY KOT ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this _____ day of _______________ 2012.
______________________________
MAYOR
Summary
Staff has been requested by the new business owner of the Dairy Queen restaurant to consider
amending the sign ordinance to permit building mounted signs on all four (4) sides of commercial
structures regardless of frontage along a roadway or location over a public entryway. Similar requests
have been made in the past by other business owners with individual variance requests through the
Zoning Board of Appeals being the only avenue for authorization.
Current Ordinance
The Sign Ordinance permits building mounted business/identification signs in the business and
manufacturing districts on single tenant and multi-tenant buildings. However, it limits such exterior
building-mounted signage to that part of the building where a public entrance is located or where facing a
public right-of-way. These signs may not exceed two (2) square feet for each one linear foot of the
façade area and extend no more than seventy-five percent (75%) of the width of the side of the building
on which it is located.
In all practicality, most commercial businesses in Yorkville will have two (2) or three (3)
building mounted signs (front, side and rear), in addition to up to two (2) permitted gro und-mounted
identification signs, depending on the size and frontage of the lot. A total of five (5) exterior permanent
identification signs for commercial businesses are currently available for properties under the city’s
ordinance.
Proposed Revision Considerations
To amend the city’s Sign Ordinance to allow for additional permanent wall -mounted signage for
businesses, staff suggests some of the following regulations should the proposed revision be considered:
Maximum number of overall permanent type signs per business with the combination consisting
of: ground/identification signs, building-mounted signs, and awning signs.
Restricting the size of the secondary building-mounted signs (those not located over a public
entrance or facing a public-right of way) to a maximum of one (1) square foot for each linear foot
of the façade area and extends no more than 50% of the width of the side of the building.
Illuminated building-mounted signage adjacent to or facing residential land uses should not be
permitted.
Staff Comments
Staff is seeking feedback from the EDC of the request to amend the city’s sign ordinance to
permit building-mounted signs on all four (4) sides of structures in business zoned districts. If the EDC is
amenable to the proposed revision to the sign ordinance, staff will present proposed text amendment
language at an upcoming City Council meeting for consideration.
Memorandum
To: Economic Development Committee
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: September 26, 2012
Subject: Building Mounted Signs – Proposed Amendment to Sign Ordinance
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Agenda Item Number
PC #1
Tracking Number
PC 2012-09
Countryside Center Concept PUD Plan & Development Agreement
City Council/October 23, 2012
9/25/2012
Direction on incentives
CC 2012-70
Majority
Vote.
See attached memo.
Bart Olson & Krysti Barksdale-Noble Administration & Comm. Dev.
Name Department
Petitioner’s Request:
The Petitioner, James G. Ratos, is seeking Preliminary Concept Plan Approval for a Special Use
Permit of a Planned Unit Development (PUD) to construct a new cinema complex on the property
formerly known as the Countryside Center development located at the northwest quadrant of US 34
(Veterans Parkway) and Il Route 47 (Bridge Street). The property is currently zoned B-2 General
Commercial.
The overall site plan is designed with four (4) lots covering the approximately 18.5 -acre property,
as illustrated on the attached land plan. Currently, only Sublot #4 (Cinema), which is located in the
southeast corner of the property, has a proposed tenant and land plan and covers the largest area of the
development. The theater building will contain ten (10) 70-ft. 3D capable movie screens and stadium
seating for up to 1,900 guests.
Plan Commission Action:
The Plan Commission reviewed the requested special use permit for a Planned Unit
Development (PUD) at a public hearing held on October 17, 2012 and made the following action:
Motion to recommend approval of a Preliminary Concept Plan for a Special Use Per mit as a Planned
Unit Development (PUD) for the purpose of redeveloping the approximately 18.5 -acre property to be
known as Kendall Crossing, including the construction of a new 38,500 square foot cinema complex,
as presented by the Petitioner in a site plan prepared by RB & Associates Consulting Inc. dated
September 10, 2012, subject to submittal and approval of Preliminary Plan or Final Plat within one
(1) year as recommended by staff in a memorandum dated October 10, 2012.
Vote:
Lindblom-aye; Crouch-aye; Weaver-aye; Prochaska-aye; Kraupner-aye; Baker-aye;
Jones-aye.
7 ayes; 0 nays; 0 abstentions
Plan Commission Written Findings of Facts:
The findings of the Plan Commission, with regard to the requested special use permit , are
contained within the audio recording and will be included within the minutes of the October 17, 2012
meeting. Based upon the standards in Section 10-14-6F of the City’s Zoning Ordinance, they are
summarized as follows:
1. The establishment, maintenance or operation of the special use will not be unreasonably
detrimental to or endanger the public health, safety, morals, comfort or general welfare.
Finding: There are no negative effects to the development of the subject property, in that all
traffic, utility, and development concerns were provided for in the original Countryside
Center Design and the proposed PUD Amendment enhances the traffic flow by
reconstructing internal roadways and providing a dequate access outlets to Route 47 and
Route 34.
Memorandum
To: City Council
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: October 18, 2012
Subject: PC 2012-09 – Countryside Center (Kendall Crossing) – Special Use
Proposed Preliminary Concept Plan Approval of a Planned Unit
Development (PUD) for New Cinema Complex & Various Outlots
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantially diminish and impair
property values within the neighborhood.
Finding: The property was previously used as a very active retail center since the early
1970s until its demolition. The use for the Cinema will not in any way change the
commercial use or impact the surrounding ownership of properties. In fact it should increase
substantially the property values in the neighborhood by having a thriving commercial
district once again located in Countryside Center.
3. The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
Finding: Same Answer.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
Finding: Plans are currently being reviewed as to final design, and will provide adequate
access, drainage, and all utility facilities which are to the site.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets.
Finding: Same answer as to 4 above.
6. The special use shall in all other respects conform to the applicable regulations of the district
in which it is located, except as such regulations may in each instance be modified by the
City Council pursuant to the recommendations of the Plan Commission.
Finding: Other than the Planned Unit Development modifications indicated in the Staff
Report, and the installation of monument signage closely resembling the previous monument
signage that existed at Route 47 and Route 34, the proposal complies with all Ordinances of
the United City of Yorkville other than specifically modified by this PUD Amendment.
Staff Comments:
At this time the Petitioner is seeking Preliminary Concept Plan approval for a Special Use
permit as a PUD only and will return before the City Council at a later date with engineering plans for
Final Plat approval. For your reference, staff has attached a copy of the memorandum submitted to the
Plan Commission regarding this request, as well as a draft ordinance approving the Preliminary Concept
Plan. The petitioner will be present at Tuesday night’s meeting to address the City Council.
Ordinance No. 2012-____
Page 1
Ordinance No. 2012-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING PRELIMINARY CONCEPT PLAN FOR A SPECIAL USE PERMIT APPLICATION
OF A PLANNED UNIT DEVELOPMENT FOR A ~38,500 SQUARE FOOT CINEMA COMPLEX
AND VARIOUS OUTLOTS
(Kendall Crossing)
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly existing
non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, under section 11-13-1.1 of the Illinois Municipal Code (65 ILCS 5/1-1-1, et seq.),
the Mayor and City Council of the City (collectively, the “Corporate Authorities”) may provide for the
classification of special uses in its zoning ordinances; and,
WHEREAS, pursuant to the Yorkville Zoning Ordinance (hereinafter referred to as the “Zoning
Code”), any person owning or having an interest in property may file an application to use such land for
one or more of the special uses provided for in the zoning district in which the land is situated; and,
WHEREAS, James G. Ratos of Yorkville, Illinois (hereafter “Developer”), is the contract
purchaser of the approximately 18.5-acre property located within the northwest quadrant of Illinois
Route 47 and US Route 34, Yorkville, Illinois, legally described in Exhibit A, attached to and made a
part of this Ordinance (the “Subject Property”); and,
WHEREAS, under the authority of the Zoning Code, the Subject Property is located in a
designated B-2 General Business District, and a planned unit development (PUD) is allowed in this
district as a special use pursuant to Section 10-13-2-C of the Zoning Code; and,
WHEREAS, the Corporate Authorities have received a request for preliminary concept plan
approval of a special use permit for the Subject Property as a planned unit development (PUD) for a
~38,500 square foot cinema complex and various outlots from the Developer as depicted in a plan
prepared by RB & Associates Consulting Inc. dated September 10, 2012, attached as Exhibit B to this
ordinance; and,
WHEREAS, a legal notice of publication regarding a public hearing before the Plan
Commission on the proposed special use permit was duly published on October 1, 2012, in the Beacon
Newspaper, a newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen
(15) days prior to the public hearing; and,
WHEREAS, notice to property owners within 500 feet of the boundaries of the Subject Property
identified for the special use was delivered by certified mail; and,
WHEREAS, the Plan Commission convened and held a public hearing on the 17th day of
October 2012, on the question of the special use application; and,
WHEREAS, the Plan Commission reviewed the standards set forth in Section 10-14-6(F) of the
Zoning Code, and testimony provided during said public hearing; and,
Ordinance No. 2012-____
Page 2
WHEREAS, the Plan Commission prepared its written findings of fact which are contained
within the meeting minutes and in a memorandum to the City Council from the Community
Development Director dated October 18, 2012 attached hereto as Exhibit C and shall be incorporated
herein; and,
WHEREAS, the Plan Commission found that the preliminary concept plan for the special use
met the standards and recommended to the City Council the approval of the preliminary concept plan for
the Subject Property.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby approve a preliminary concept plan for a special
use as a planned unit development of a ~38,500 square foot cinema complex and various outlots as
depicted in Exhibit B for the Subject Property located within the northwest quadrant of Illinois Route 47
and US Route 34.
Section 3. That the preliminary concept plan approved herein shall be subject to the following
conditions:
1. The Developer must submit and obtain approval of Preliminary Plan or Final Plat for the
Subject Property within one (1) year from the date of this ordinance.
2. Authorization to vary from Section 10-1-3-C, the required off-street parking standards, to
permit parking spaces that are narrower in width than the minimum required 8.5 feet for 90
degree stalls and the Landscape Ordinance requirements to provide one (1) landscaped
islands for every 20 parking spaces, per staff’s review and approval.
3. Authorization to vary from Section 10-11-4-B the number of required off-street parking stalls
to provide 418 spaces rather than 662 spaces as required.
4. Authorization to vary from Section 10-11-6-M, required off-street loading requirements, to
permit one (1) off-street loading dock for the theater, rather than the two (2) docks required.
5. Authorization to vary from the Subdivision Control Ordinance and stormwater management
requirements, subject to the review of final engineering plans and the recommendation(s) of
the City Engineer.
Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, A.D. 2012.
______________________________
CITY CLERK
Ordinance No. 2012-____
Page 3
ROSE ANN SPEARS ________ DIANE TEELING ________
KEN KOCH ________ JACKIE MILSCHEWSKI ________
CARLO COLOSIMO ________ MARTY MUNNS ________
LARRY KOT ________ CHRIS FUNKHOUSER ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____
day of _______________ 2012.
______________________________
MAYOR
Exhibit A
Legal Description of Subject Property
Ordinance No. 2012-____
Page 5
Exhibit B
Site Plan prepared by RB & Associates Consulting Inc. dated September 10, 2012
(see attached)
TSRACCORDANCE W/MODIFICATION NO. 1 7/1/20051
FILE NAME:
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Exhibit C
Findings of Facts
KENDALL CROSSING
Conditions for Approval:
Section 10-13-10 of the City’s Zoning Ordinance establishes conditions by which the
Plan Commission may recommend approval of a special use for Planned Unit Development.
1. In what respect does the design of the Planned Unit Development meet the
requirements and design standards of the development standards and design criteria.
ANSWER: The Planned Unit Development Ordinance of the United City of
Yorkville as well as the original Planned Unit Development approved for Countryside
Center promoted an upscale community shopping area that takes advantage of the
major traffic intersection in the United City of Yorkville of Route 47 and Route 34.
The proposed NCG Cinema Group Project complies with that Ordinance and the
original Planned Unit Development Agreement in that it has an upscale movie theater
which will enhance the entertainment and tax base for the United City of Yorkville.
The Architecture shows a foot print that will enhance the future development of the
area and is consistent with United City of Yorkville Building Codes and Design.
2. The extent to which the proposed plan deviates and/or requires waivers of the bulk
regulations in the zoning ordinance and how the modifications in design standards
from the subdivision control regulations fulfill the intent of those regulations.
ANSWER: No bulk regulations will be deviated by the addition of the NCG Theater
Complex. There are certain waivers being granted with respect to parking spaces,
signage, and best management practice detention areas. The square footage of the
building, complies with all United City of Yorkville Building Codes and Regulations
and the bulk area of the property complies with all regulations and ordinances of the
United City of Yorkville.
3. The extent of public benefit produced b y the Planned Unit Development, such as but
not limited to, the adequacy of common open space and/or public recreational
facilities provided; sufficient control over vehicular traffic; provision of public
services; provision and protection of the reasonable enjo yment of the land.
ANSWER: The proposed Planned Unit Development Amendment complies with the
City Planned Unit Development Ordinance in that it provides for substantial open
space in the overall Countryside Center Development, will provide a smooth flow of
traffic with the proposed traffic lay out and internal road improvements that will be
done at the expense of owner and developer, adequate public services in terms of
utilities exist to the site and the site in fact is the location of an earlier two screen
movie theater that served the community for over two decades.
4. The relationship and compatibility, beneficial or adverse, of the Planned Unit
Development to the adjacent properties and nearby land uses.
ANSWER: It is anticipated that there will be a substantial beneficial effect to
surrounding property within Countryside Development and the commercial areas of
the United City of Yorkville on Route 47 and Route 34. It is anticipated the ten
screen cinema will encourage restaurant traffic substantially for existing restaurants,
as well as attract new restaurant and retail opportunities on the lots surrounding the
Cinema that are being redeveloped b y the Owner/Developer, James G. Ratos. It
further will benefit ancillary businesses such as gas stations and other retail outlets
that always benefit when increased traffic is brought past their places of business.
5. The extent to which the Planned Unit Development fulfills the objectives of the future
planning objectives or other planning policies of the City
ANSWER: The proposed Planned Unit Development Amendment complies with the
objectives of the United City of Yorkville in that the TIF District was created for
Countryside Center to rejuvenate what once was a thriving commercial retail center
for over two decades, but has been demolished. The property in the proposed PUD
Amendment will generate substantial real estate taxes to the Yorkville School District
and all related government bodies as well as create a substantial number of full and
part-time jobs in the City on a permanent basis. On a temporary basis it will provide
extensive construction jobs for local contracting firms in that the Owner/Developer
will be the builder for the NCG Cinema Building and has retained the services of a
local general contractor who hires all local people to construct the facility and the site
improvements. The proposal meets the overall objectives of the City to create
economic opportunities on the site which was the reason the TIF District was created.
Standards for Special Use:
Section 10-14-6F of the City’s Zoning Ordinance establishes standards for special use
requests. No special use shall be recommended by the Plan Commission unless said commission
shall find that:
1. The establishment, maintenance or operation of the special use will not be
unreasonabl y detrimental to or endanger the public health, safety, morals, comfort or
general welfare.
ANSWER: There are no negative effects to the development of the subject property,
in that all traffic, utility, and development concerns were provided for in the original
Countryside Center Design and the proposed PUD Amendment enhances the traffic
flow by reconstructing internal roadways and providing adequate access outlets to
Route 47 and Route 34.
2. The special use will not be injurious to the use and enjoyment of other property in the
immediate vicinity for the purpose already permitted, nor substantial diminish and
impair propert y values within the neighborhood.
ANSWER: The property was previousl y used as a very active retail center since the early
1970s until its demolition. The use for the Cinema will not in any way change the commercial
use or impact the surrounding ownership of properties. In fact it should increase substantially
the propert y values in the neighborhood b y having a thriving commercial district once again
located in Countryside Center.
3. The establishment of the special use will not impede the normal and orderly development
and improvement of surrounding property for uses permitted in the district.
ANSWER: Same Answer
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
ANSWER: Plans are currently being reviewed as to final design, and will provide adequate
access, drainage, and all utility facilities which are to the site.
5. Adequate measures have been or will be taken to provide ingress or egress so designed
as to minimize traffic congestion in the public streets.
ANSWER: Same answer as to 4 above.
6. The special use shall in all other respects conform to the applicable regulations of the district in
which it is located, except as such regulations may in each instance be modified by the Cit y
Council pursuant to the recommendations of the Plan Commission.
ANSWER: Other than the Planned Unit Development modifications indicated in the Staff
Report, and the installation of monument signage closely resembling the previous monument
signage that existed at Route 47 and Route 34, the proposal complies with all Ordinances of
the United Cit y of Yorkville other than specifically modified by this PUD Amendment.
Ordinance No. 2012-___
1
Ordinance No. 2012-______
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT
FOR KENDALL CROSSING, YORKVILLE, ILLINOIS
WHEREAS, by Ordinance No. 2005-10A, adopted by the Mayor and City Council of the
United City of Yorkville (the “Corporate Authorities”) on February 8, 2005, a Tax Increment
Financing Redevelopment Project and Plan for the US Route 34 and Illinois Route 47
(Countryside Shopping Center) (hereinafter the “Redevelopment Plan”) was approved, which
Redevelopment Plan covered an area of approximately 19 acres of commercial property (the
“Subject Property”) which was improved with a retail shopping center in a serious state of
disrepair and having a significant number of vacancies; and,
WHEREAS, by Ordinance No. 2005-10B and No. 2005-10C adopted by the Corporate
Authorities on February 15, 2005, the City designated the Subject Property as a “redevelopment
project area” after a determination that it was a “blighted area” and, due to its eligibility,
and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment
Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the “Act”); and,
WHEREAS, after acquisition of the property and demolition of all structures on the
Subject Property, a prior owner was unable to proceed with a redevelopment thereof and in 2010,
after foreclosing on the Subject property, the current titleholder entered into a contract to convey
the Subject Property to James G. Ratos of Yorkville, who has advised the City of his desire to
develop the now vacant Subject Property on the condition that the City agrees to assist with the
cost of acquisition of the Subject Property and other financial incentives as hereinafter set forth
in order to make the redevelopment of the Subject Property economically viable; and,
WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq. (the
“Code”), as from time to time amended, and, more specifically, Sec. 8-1-2.5 of the Code (the
Ordinance No. 2012-___
2
“Economic Development Act”), the Corporate Authorities are empowered to appropriate and
expend funds for economic development purposes including the making of grants to any
commercial enterprise as deemed necessary for the promotion of economic development; and,
WHEREAS, the Developer has been advised that pursuant to Ordinance No. 2008-101,
adopted November 25, 2008, and amended by Ordinance Number 2009-15, adopted March 24,
2009, the Corporate Authorities designated the Subject Property a “Business District” in
accordance with the Business District Development and Redevelopment Law (65 ILCS 5/11-
74.3 et seq.) (the “Business District Act”) and adopted a development or redevelopment plan and
imposed a one percent (1%) business district retailers’ occupation tax and a one percent (1%)
business district service occupation tax (“Business District Taxes”) to pay business district
project costs including the planning, execution and implementation of an approved business
district plan; and,
WHEREAS, the Developer has also requested that the Business District Taxes available
to the City as a result of the adoption of the Business District Act, be used to reimburse the
Developer for development costs as permitted by the Business District Act, and that a portion of
the City’s amusement tax of three percent (3%) be applied to the costs of site improvements at
the Subject Property; and,
WHEREAS, the City is prepared to assist the Developer as requested but only in
accordance with the terms and conditions as set forth in the Development Agreement for Kendall
Crossings of Yorkville attached hereto and made a part hereof.
Ordinance No. 2012-___
3
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville,
Kendall County, Illinois, that the Development Agreement for Kendall Crossing, Yorkville,
Illinois, by and between the City and James G. Ratos of Yorkville, Illinois, in the form attached
hereto and made a part hereof, is approved and the Mayor and City Clerk are hereby authorized
to execute said Development Agreement and the City Administrator is authorized to undertake
such action as may be required to implement its terms.
This Ordinance shall be in full force and effect immediately upon its passage by the
Mayor and City Council and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
____ day of _________________, A.D. 2012.
CHRIS FUNKHOUSER ________ LARRY KOT _______
CARLO COLOSIMO ________ DIANE TEELING _______
JACKIE MILSCHEWSKI ________ MARTY MUNNS _______
ROSE SPEARS ________ KEN KOCH _______
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this _____ day of _________________, A.D. 2012.
____________________________________
Mayor
Attest:
______________________________
City Clerk
DEVELOPMENT AGREEMENT FOR
KENDALL CROSSING, YORKVILLE, ILLINOIS
THIS AGREEMENT dated as of the ______ day of ______________, 2012, by and
between the United City of Yorkville, Kendall County, Illinois, a municipal corporation
(hereafter the “City”) and James G. Ratos of Yorkville, Illinois (hereafter “Developer”).
W I T N E S S E T H:
WHEREAS, by Ordinance No. 2005-10A, adopted by the Mayor and City Council of the
City (the “Corporate Authorities”) on February 8, 2005, a Tax Increment Financing
Redevelopment Project and Plan for the US Route 34 and Illinois Route 47 (Countryside
Shopping Center) (hereinafter the “Redevelopment Plan”) was approved, which Redevelopment
Plan covered an area of approximately 19 acres legally described on Exhibit A attached hereto
and made a part hereof, the boundary of which is depicted on Exhibit B also attached hereto and
made a part hereof, as of said date being improved as a commercial shopping center with
approximately 158,000 square feet of retail space on approximately 17 acres of land owned by T-
L Countryside LLC, a Delaware limited liability company (the “Prior Owner”), plus
approximately two (2) acres of adjacent right of way within State Route 47 (the “Subject
Property”); and,
WHEREAS, by Ordinance No. 2005-10B and No. 2005-10C adopted by the Corporate
Authorities on February 15, 2005, the City designated the Subject Property as a “redevelopment
project area” and adopted tax increment financing pursuant to the Tax Increment Allocation
Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the “Act”); and,
WHEREAS, in order to induce the development of the Subject Property by the Prior
Owner, the City issued tax exempt alternative revenue bonds in an amount which provided net
2
proceeds of Three Million Dollars ($3,000,000) after funding for capitalized interest and
payment of all bond issuance costs, which net proceeds were to be available to assist with the
redevelopment of the Subject Property (the “Bond Proceeds”); and,
WHEREAS, the Prior Owner proceeded with the redevelopment of the Subject Property
and demolished all of the structures comprising the commercial shopping center located thereon
but was unable to proceed any further due to the inability to find a commercial user in a
declining economy; and,
WHEREAS, the Prior Owner ultimately lost its ownership interest in the Subject
Property to its mortgagee (the “Lender”) after receiving $500,000 of reimbursement from the
City from the Bond Proceeds for the cost of demolition; and,
WHEREAS, after foreclosing on the Subject Property in 2010, the Lender has now
entered into a contract to convey the Subject Property to the Developer and the Developer has
advised the City of his desire to develop the now vacant Subject Property on the condition that
the balance of the Bond Proceeds be used to assist with the cost of acquisition of the Subject
Property and that the City grants other financial incentives as hereinafter set forth in order to
make the redevelopment of the Subject Property economically viable; and,
WHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq. (the
“Code”), as from time to time amended, and, more specifically, Sec. 8-1-2.5 of the Code (the
“Economic Development Act”), the Corporate Authorities are empowered to appropriate and
expend funds for economic development purposes including the making of grants to any
commercial enterprise as deemed necessary for the promotion of economic development; and,
3
WHEREAS, the Developer has been advised that pursuant to Ordinance No. 2008-101,
adopted November 25, 2008, and amended by Ordinance Number 2009-15, adopted March 24,
2009, the Corporate Authorities designated the Subject Property a “Business District” in
accordance with the Business District Development and Redevelopment Act (65 ILCS 5/11-74.3
et seq.) (the “Business District Act”) and adopted a development or redevelopment plan and
imposed a one percent (1%) business district retailers’ occupation tax and a one percent (1%)
business district service occupation tax (“Business District Taxes”) to pay business district
project costs including the planning, execution and implementation of an approved business
district plan; and,
WHEREAS, the Developer has requested: (i) the balance of the Bond Proceeds be used
to assist with his cost to acquire the Subject Property; (ii) the Business District Taxes available to
the City as a result of the Business District Act, be used to reimburse the Developer for
development costs as permitted by the Business District Act; and, (iii) a portion of the City’s
amusement tax of three percent (3%) be applied to the costs of site improvements at the Subject
Property; and,
WHEREAS, the City is prepared to assist the Developer as requested but only in
accordance with the terms and conditions hereinafter set forth and only after the City approves
the plan for development because the City recognizes that the development of the Subject
Property is of vital importance to the City given its strategic location near the intersection of two
primary commercial corridors of the City.
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants hereinafter set forth, the parties agree as follows:
4
Section 1. Preambles. The foregoing preambles are hereby incorporated into this
Agreement as if fully restated in this Section 1.
Section 2. Developer’s Obligations.
A. The Developer has filed a Planned Unit Development concept plan for the
development of the Subject Property which provides for the construction of a new 38,500 square
foot cinema complex covering approximately seven (7) acres of the Subject Property (the
“Cinema Complex”), which shall be reviewed and shall require consideration of the following
items:
1. Variance in required parking spaces from the required 662 to 418 spaces;
2. Need for one shade tree for every twenty (20) parking spaces in interior
landscaped medians of 190 square feet;
3. Variance from the required 2 loading docks to one loading dock;
4. Authorization to vary from the Subdivision Control Ordinance and
stormwater management requirements, subject to the review of final engineering plans
and the recommendation(s) of the City Engineer..
B. On or before March 31, 2013, the Developer shall have amended the proposed
plan to include all required changes and have received approval from the City of a Final Plat for
a planned unit development and have been issued any and all required permits from the City and
any other governmental agency having jurisdiction over the Subject Property to commence
development of the Cinema Complex to house a ten (10) screen cinema and all site
improvements, including, but not limited to, storm management, landscaping, parking lot,
5
lighting and walkways, as depicted on the approved Final Plat (collectively, hereinafter referred
to as the “Project”).
C. Simultaneously with the recordation of the Final Plat for the planned unit
development, the Developer shall have deposited with the City security in the form of a letter of
credit or performance bond in the amount as required by the City’s Code of Ordinance to
guarantee completion of all public improvements inclusive of a public improvement completion
(“pic”) schedule as required for all new subdivisions per the amended subdivision control
ordinance at the Subject Property.
D. On or before March 31, 2013, the Developer shall deliver to the City proof of the
Developer’s contract to convey the Cinema Complex to Neighborhood Cinema Group of
Owosso, Michigan, who shall operate the ten (10) screen cinema (hereinafter “NCG”).
E. On or before July 31, 2013, the Developer shall deliver proof of conveyance of
the Cinema Complex to NCG who shall commence operation of the Cinema Complex with ten
(10) screens on or before March 31, 2014.
F. On or before December 31, 2013, the Developer shall have completed
construction of the Project in accordance with all permits as issued in conjunction with the
approved Final Plat for a planned unit development.
G. On or before March 31, 2014, the Developer shall have been issued a certificate
of occupancy from the City.
Section 3. Obligations on the part of the City.
A. Upon issuance of a certificate of occupancy for the Cinema Complex at the
Subject Property, the City agrees to reimburse the Developer $2,000,000 for a portion of the cost
6
of acquisition of the Subject Property payable as follows: (i) payment of the balance of the Bond
Proceeds which the City anticipates shall be $_____________; and (ii) the difference between
said payment and $2,000,000, payable to the Developer from fifty percent (50%) of the three
percent (3%) of the City’s amusement tax receipts from the operation of the Cinema Complex at
the Subject Property required to be collected by the operator of said amusement pursuant to
Chapter 4, Article D of the City’s Code of Ordinances (the “Amusement Tax”). Payments by the
City shall be made in accordance with the procedures as set forth in Section IV of this
Agreement.
B. So long as no notice of an event of default has been issued to the Developer and
remains outstanding, the City further agrees to reimburse the Developer for Business District
Project Costs, as hereinafter defined, from the Business District Taxes generated from the
Subject Property commencing with the date of issuance of a certificate of occupancy and
terminating upon the termination of the designation of the Subject Property as a business district
under the Business District Act. Payment by the City shall be made to the Developer in
accordance with the procedures hereinafter set forth in Section IV.
C. So long as no notice of an event of default has been issued by the City to the
Developer and remains outstanding, the City shall rebate to the Developer fifty percent (50%) of
the three percent (3%) of the Amusement Tax generated from the operation of the Cinema
Complex at the Subject Property. Payments of fifty percent (50%) of the three percent (3%)
Amusement Tax shall be paid to the Developer in accordance with the provisions of Section IV
hereof commencing on the date of the issuance of a certificate of occupancy for the Cinema
Complex and continue until the 10th anniversary of said date of occupancy.
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D. For purposes of this Agreement, “Business District Project Costs” shall mean and
include all costs defined as “business district project costs” in Section 11-74.3-5 of the Business
District Act which are eligible for reimbursement under the Business District Act. The parties
acknowledge that the determination of Business District Project Costs and qualification for
reimbursement from Business District Taxes under this Agreement are subject to the Business
District Act, all amendments to the Business District Act both before and after the date of this
Agreement, and all administrative rules and judicial interpretations rendered during the term of
this Agreement. The City has no obligation to the Developer to attempt to modify said rules or
decisions but will cooperate with the Developer in obtaining approval of Business District
Project Costs.
Section 4. Deposits and Disbursements from the Business District Tax Allocation Fund.
A. In connection with the administration of the Subject Property designated as a
“business district” under the Business District Act, the City has established the Business District
Tax Allocation Fund (the “BDD Fund”) into which the City shall deposit all Business District
Taxes generated from the operation of any business located on the Subject Property for so long
as the Subject Property remains designated as a business district and, for a period of ten (10)
years commencing with the date of the issuance of a certificate of occupancy for the Cinema
Complex on the Subject Property, fifty percent (50%) of the Amusement Tax generated from the
Cinema Complex operating at the Subject Property which shall be used to reimburse the
Developer for Business District Project costs in accordance with the procedures hereinafter set
forth.
B. To establish a right of reimbursement for Business District Project Costs under
this Agreement the Developer shall submit to the City a written statement in the form attached to
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this Agreement as Exhibit C (a “Request for Reimbursement”) setting forth the amount of
reimbursement requested and the specific Business District Project Costs for which
reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills,
contracts, invoices, lien waivers or other evidence as the City shall reasonably require to
evidence that reimbursement requests shall include only such costs which are Business District
Project Costs which have been incurred by the Developer in connection with the development of
the approved Final Plat for the Subject Property, which Final Plat, from time to time, may be
amended. The City Administrator shall have thirty (30) days after receipt of any Request for
Reimbursement from the Developer to recommend to the City Finance Director approval or
disapproval of such Request and, if disapproved, to provide the Developer, in writing and in
detail, an explanation as to why the City is not prepared to recommend such reimbursement. The
only reasons for disapproval of any expenditure for which reimbursement is sought shall be that
(i) it is not an eligible Business District Project Cost under the Business District Act; (ii)
inadequate documentation has been provided to substantiate such expenditure; or, (iii) it was not
constructed and completed by the Developer in accordance with all applicable City Code
requirements and the provisions of this Agreement, including, without limitation, all approved
permits The parties acknowledge that the determination of Business District Project Costs and
qualification for reimbursement under this Agreement are subject to the Business District Act, all
amendments to the Act both before and after the date of this Agreement, and all administrative
rules and judicial interpretations rendered during the term of this Agreement. The City has no
obligation to the Developer to attempt to modify said rules or decisions but will cooperate with
the Developer in obtaining approval of Business District Project Costs.
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C. Payments shall be made quarterly to the Developer from the BDD Fund, i.e.,
March 31, June 30, September 30 and December 31 of each year so long as this Agreement is in
full force and effect. To the extent insufficient funds are available in the BDD Fund to pay the
amount approved, any Business District Project Cost not reimbursed shall be reimbursed from
future deposits to the BDD Fund and disbursed to the Developer with the next quarterly
payment.
D. In addition to the foregoing, the City shall further distribute to the Developer on a
quarterly basis, so long as no notice of default has been issued to the Developer by the City and
remains outstanding, fifty percent (50%) of the three percent (3%) Amusement Tax received by
the City as a result of the operation of the Cinema Complex at the Subject Property. Payments of
this fifty percent (50%) of the three percent (3%) shall be made until the difference between an
amount equal to $2,000,000 and the amount of Bond Proceeds paid to the Developer upon
issuance of the certificate of occupancy, shall have been disbursed to the Developer.
Section 5. Undertakings on the Part of Developer.
A. The Developer hereby covenants and agrees to promptly pay, as the same become
due, any and all taxes and governmental charges of any kind that may at any time be assessed
with regard to its operation including all real estate taxes assessed against the Subject Property or
any other location in the City owned or controlled by the Developer.
B. The Developer shall indemnify and hold harmless the City, its agents, officers and
employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs
and expenses (including any liabilities, judgments, costs and expenses and reasonable attorney’s
fees) which may arise directly or indirectly from any third-party claims made against the City as
10
a result of the failure of the Developer or any contractor, subcontractor or agent or employee
thereof (so long as such contractor, subcontractor or agent or employee thereof is hired by the
Developer) to timely pay any contractor, subcontractor, laborer or material men; from any
default or breach of the terms of this Agreement by the Developer; or from any negligence or
reckless or willful misconduct of the Developer or any contractor, subcontractor or agent or
employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the
Developer). The Developer shall, at its own cost and expense, appear, defend and pay all
charges of attorneys, costs and other expenses arising therefrom or incurred in connection
therewith. If any judgment shall be rendered against the City, its agents, officers, officials or
employees in any such action, the Developer shall, at its own expense, satisfy and discharge the
same. The paragraph shall not apply, and the Developer shall have no obligation whatsoever,
with respect to any acts of negligence or reckless or willful misconduct on the part of the City or
any of its officers, agents, employees or contractors.
Section 6. Term. Unless earlier terminated pursuant to Section 18, the term of this
Redevelopment Agreement shall commence on the date of execution and end December 31,
2031 (the "Termination Date").
Section 7. Verification of Sales Taxes. The Developer shall use its best efforts to
cooperate with the City in obtaining certified copies of its reports to the Illinois Department of
Revenue of all remittances of all sales and service taxes.
Section 8. No Liability of City for Others for Developer’s Expenses. The City shall
have no obligation to pay costs of the Project or to make any payments to any person other than
the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or
11
material man providing services or materials to the Developer for the development of the Project.
The Developer agrees to comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01 et
seq., as may be required.
Section 9. Time; Force Majeure. Time is of the essence of this Redevelopment
Agreement, provided, however, a party shall not be deemed in material breach of this
Redevelopment Agreement with respect to any obligations of this Redevelopment Agreement on
such party’s part to be performed if such party fails to timely perform the same and such failure
is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil
disorder, weather conditions, failure or interruptions of power, restrictive governmental laws
and regulations, condemnations, riots, insurrections, acts of terrorism, war, fuel shortages,
accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions,
freight embargoes, acts caused directly or indirectly by the other party (or the other party’s
agents, employees or invitees) or similar causes beyond the reasonable control of such party
("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that
such an event shall have occurred, the party to whom such claim is made shall investigate same
and consult with the party making such claim regarding the same and the party to whom such
claim is made shall grant any extension for the performance of the unsatisfied obligation equal to
the period of the delay, which period shall commence to run from the time of the commencement
of the Force Majeure; provided that the failure of performance was reasonably caused by such
Force Majeure.
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Section 10. Assignment. This Redevelopment Agreement may not be assigned by the
Developer without the prior written consent of the City, which consent shall not be unreasonably
withheld.
Section 11. Waiver. Any party to this Redevelopment Agreement may elect to waive
any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless
the party waiving such right or remedy does so in writing. No such waiver shall obligate such
party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other
rights and remedies provided said party pursuant to this Redevelopment Agreement.
Section 12. Severability. If any section, subsection, term or provision of this
Redevelopment Agreement or the application thereof to any party or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision
of this Redevelopment Agreement or the application of same to parties or circumstances other
than those to which it is held invalid or unenforceable, shall not be affected thereby.
Section 13. Notices. All notices, demands, requests, consents, approvals or other
instruments required or permitted by this Redevelopment Agreement shall be in writing and shall
be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have
been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day
from and including the date of posting, if mailed by registered or certified mail, return receipt
requested, with postage prepaid, addressed as follows:
To the Developer: James G. Ratos
207 W Kendall Drive
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, Attorney
1107A South Bridge Street
Yorkville, IL 60560
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To the City: United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Attention: City Administrator
With a copy to: Kathleen Field Orr
Kathleen Field Orr & Associates
53 West Jackson Blvd., Suite 935
Chicago, Illinois 60604
Section 14. Successors in Interest. This Redevelopment Agreement shall be binding
upon and inure to the benefit of the parties to this Redevelopment Agreement and their
respective successors and assigns.
Section 15. No Joint Venture, Agency or Partnership Created. Neither anything in this
Redevelopment Agreement nor any acts of the parties to this Redevelopment Agreement shall be
construed by the parties or any third person to create the relationship of a partnership, agency, or
joint venture between or among such parties.
Section 16. Warranties and Covenants of the Developer.
A. The Developer hereby covenants and agrees to promptly pay, as the same become
due, any and all taxes and governmental charges of any kind that may at any time be lawfully
assessed including all real estate taxes assessed against the Subject Property or any other location
in the City owned or controlled by the Developer.
B. The Developer covenants and agrees that at all times it shall comply with all
applicable zoning ordinances and regulations, building code, fire code and all other City
ordinances, resolutions and regulations.
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C. The Developer hereby covenants and agrees to comply with all applicable laws,
rules and regulations of the State of Illinois, the United States and all agencies of each of them
having jurisdiction over it.
Section 17. No Discrimination – Construction. The Developer for himself and his
successors and assigns agrees that in the construction of the improvements at the Subject
Property provided for in this Redevelopment Agreement the Developer shall not discriminate
against any employee or applicant for employment because of race, color, religion, sex or
national origin. The Developer shall take affirmative action to require that applicants are
employed and that employees are treated during employment, without regard to their race, creed,
color, religion, sex or national origin. Such action shall include, but not be limited to, the
following: employment upgrading, demotion or transfer; recruitment or recruitment advertising
and solicitations or advertisements for employees; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The Developer
agrees to post in conspicuous places, available to employees and applicants for employment,
notices, which may be provided by the City, setting forth the provisions of this nondiscrimination
clause.
Section 18. Remedies – Liability.
A. If, in the City’s judgment, the Developer is in material default of this
Redevelopment Agreement, the City shall provide the Developer with a written statement
indicating in adequate detail any failure on the Developer’s part to fulfill its obligations under
this Redevelopment Agreement. Except as required to protect against further damages, the City
may not exercise any remedies against the Developer in connection with such failure until thirty
15
(30) days after giving such notice. If such default cannot be cured within such thirty (30) day
period, such thirty (30) day period shall be extended for such time as is reasonably necessary for
the curing of the same, so long as the Developer diligently proceed with such cure; if such
default is cured within such extended period, the default shall not be deemed to constitute a
breach of this Redevelopment Agreement. A default not cured as provided above shall constitute
a breach of this Redevelopment Agreement. Any failure or delay by the City in asserting any of
its rights or remedies as to any default or alleged default or breach shall not operate as a waiver
of any such default or breach of any rights or remedies it may have as a result of such default or
breach.
B. If the Developer materially fails to fulfill his obligations under this
Redevelopment Agreement after notice is given by the City and any cure periods described in
paragraph (a) above have expired, the City may elect to terminate this Redevelopment
Agreement or exercise any right or remedy it may have at law or in equity, including the right to
specifically enforce the terms and conditions of this Redevelopment Agreement. If any
voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the
Developer insolvent or unable to pay the Developer’s debts, or the Developer makes an
assignment for the benefit of its creditors, or a trustee or receiver is appointed for either one of
the Developer or for the major part of the Developer’s property, the City may elect, to the extent
such election is permitted by law and is not unenforceable under applicable federal bankruptcy
laws, but is not required, with or without notice of such election and with or without entry or
other action by the City, to forthwith terminate this Redevelopment Agreement under this
Section, the City’s sole obligation shall be to record, in the office of the Kendall County
16
Recorder, a Certificate of Default, executed by the Mayor of the City or such other person as
shall be designated by the City, stating that this Redevelopment Agreement is terminated
pursuant to the provisions of this Section, in which event this Redevelopment Agreement by
virtue of the recording of such certificate, shall ipso facto automatically become null and void
and of no further force and effect.
C. If, in the Developer’s judgment, the City is in material default of this
Redevelopment Agreement, the Developer shall provide the City with a written statement
indicating in adequate detail any failure on the City’s part to fulfill its obligations under this
Redevelopment Agreement. The Developer may not exercise any remedies against the City in
connection with such failure until thirty (30) days after giving such notice. If by its nature such
default cannot reasonably be cured within such thirty (30) day period, such thirty (30) day period
shall be extended for such time as is reasonably necessary for the curing of the same, so long as
the City diligently proceeds with such cure; if such default is cured within such extended period,
the default shall not be deemed to constitute a breach of this Redevelopment Agreement. A
default not cured as provided above shall constitute a breach of this Redevelopment Agreement.
Any failure or delay by the Developer in asserting any of their rights or remedies as to any
default or any alleged default or breach shall not operate as a waiver of any such default or
breach of shall not operate as a waiver of any such default or breach of any rights or remedies it
may have as a result of such default or breach.
D. In addition to any other rights or remedies, a party may institute legal action
against the other party to cure, correct or remedy any default, or to obtain any other remedy
consistent with the purpose of this Redevelopment Agreement, either at law or in equity,
17
including, but not limited to the equitable remedy of an action for specific performance;
provided, however, no recourse under or upon any obligation contained herein or for any claim
based thereon shall be had against the City, its officers, agents, attorneys, representatives or
employees in any amount or in excess of any specific sum agreed to be paid by the City
hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by
the City, its officers, agents, attorneys, representatives or employees in any amount in excess of
any specific sums agreed by the City to be paid hereunder and any such claim is hereby
expressly waived and released as a condition of and as consideration for the execution of this
Redevelopment Agreement by the City. Notwithstanding the foregoing, in the event either party
shall institute legal action against the other party because of a breach of any Redevelopment
Agreement or obligation contained in this Redevelopment Agreement, the prevailing party shall
be entitled to recover all costs and expenses, including reasonable attorneys’ fees, incurred in
connection with such action.
E. The rights and remedies of the parties are cumulative and the exercise by a party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same time
or different times, of any other rights or remedies for the same default or for any other default by
the other party.
Section 19. Amendment. This Redevelopment Agreement, and any exhibits attached to
this Redevelopment Agreement, may be amended only in a writing signed by all the parties with
the adoption of any ordinance or resolution of the City approving said amendment, as provided
by law, and by execution of said amendment by the parties or their successors in interest. Except
18
as otherwise expressly provided herein, this Redevelopment Agreement supersedes all prior
Redevelopment Agreements, negotiations and discussions relative to the subject matter hereof.
Section 20. Counterparts. This Redevelopment Agreement may be executed in two or
more counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment
Agreement to be executed by their duly authorized officers on the above date at Yorkville,
Illinois.
United City of Yorkville, an Illinois
municipal corporation
By: __________________________________
Mayor
Attest:
_________________________________
City Clerk
James G. Ratos
By: __________________________________
Attest:
__________________________________
Secretary
19
Exhibit A
Subject Property
20
Exhibit B
Business District Boundaries
21
Exhibit C
REQUEST FOR REIMBURSEMENT
City of Yorkville
Yorkville, Illinois 61490-9999
Re: Redevelopment Agreement dated __________________, by and among the City of Yorkville,
an Illinois municipal corporation, and James G. Ratos (the “Developer”)
Dear Sir:
You are requested to approve the disbursement of funds from the Sub-Account established by the City of
Yorkville pursuant to the Agreement described above in the amount(s), to the person(s) and for the purpose(s) set
forth in this Request for Reimbursement.
1. Request for Reimbursement No.:
2. Payment Due to:
3. Amount to be Disbursed:
4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to
pay Redevelopment Project Costs as defined in the Agreement and as listed on the Schedule to
this Request for Reimbursement.
5. The undersigned certifies that:
(i) the amounts included in 3 above were made or incurred or financed and were necessary
for the project and were made or incurred in accordance with the construction contracts,
plans and specifications heretofore in effect;
(ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement, represents
a part of the funds due and payable for Business District Project Costs;
(iii) the expenditures for which amounts are requisitioned represent proper Business District
Project Costs identified in the Agreement, have not been included in any previous
Request for Reimbursement, have been properly recorded on the Developer’s books and
are set forth on the attached Schedule, with paid invoices attached for all sums for which
reimbursement is requested;
(iv) the moneys requisitioned are not greater than those necessary to meet obligations due and
payable or to reimburse the Developers for his funds actually advanced for Business
District Project Costs;
(v) the amount of Business District Project Costs to be reimbursed in accordance with this
Request for Reimbursement, together with all amounts reimbursed to the Developer
pursuant to the Agreement, is not in excess of the items listed on Exhibit B;
(vi) the Developer is not in default under the Agreement and nothing has occurred to the
knowledge of the Developer that would prevent the performance of its obligations under
the Agreement.
6. Attached to this Request for Reimbursement is Schedule # ____, together with copies of invoices
or bills of sale and Mechanic’s Lien Waivers covering all items for which reimbursement is being
requested.
Date:
By:
James G. Ratos
Date:
By:
APPROVED:
City of Yorkville, an Illinois municipal corporation
Petitioner’s Request:
The Petitioner, James G. Ratos, is seeking Special Use Permit for a Planned Unit Development
(PUD) approval of a proposed new cinema complex to be located on the property formerly known as the
Countryside Center development at the northwest quadrant of US 34 (Veterans Parkway) and Il Route 47
(Bridge Street). The proposed PUD will consist of an approximately 38,500 square foot movie theater owned
and operated by Neighborhood Cinema Group (NCG) as well as other retail outlots on the roughly vacant
18.5-acre site. The property is currently zoned B-2 General Commercial.
At this time the Petitioner is seeking Special Use permit for PUD approval only and will return
before the Plan Commission at a later date with engineering plans for Preliminary Plan/Final Plat approval.
Property Background:
The former Countryside Center shopping mall was constructed in the early 1970’s and consisted of
three (3) multi-tenant commercial/retail buildings in a total of approximately 160,000 square feet. The
shopping mall also had several outlots, in addition to a movie theater. Over the decades the open-air design
concept of the pedestrian style mall experience became “out-dated” and gave way to the convenience of big-
box retailers and lifestyle center developments. As the amount of vacancies increased and site improvements
decreased, the Countryside Center shopping mall fell into disrepair.
Former Countryside Center Shopping Mall
Source: AirPhoto USA circa 1997-2004
Memorandum
To: Plan Commission
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: October 10, 2012
Subject: PC 2012-09 – Countryside Center (Kendall Crossing) – Special Use
Proposed Planned Unit Development (PUD) for New Cinema Complex
In 2004, the City of Yorkville conducted a feasibility study in order to determine the eligibility of the
Countryside Center shopping mall as a redevelopment project area to establish a Tax Increment Finance
(TIF) District. Upon completion of the study by URS/TPAP of Chicago, the City adopted ordinances
designating the Countryside Center as a TIF district in March 2005.1 The City also entered into a
redevelopment agreement with the former owner/developer of the shopping center, Tri-Land Properties,
requiring them to demolish the deteriorating retail structures, reconfigure adjoining roadways/means of
access, and redevelop the property for future retail.
In August 2008, only the demolition of the former shopping mall structure had been completed and
the property remained vacant. Therefore, the City approved a subsequent redevelopment agreement in hopes
of stimulating activity on the property and further committing the developer to submitting an application for
Planned Unit Development by June 2009 and a redevelopment plan by March of 2010.
Since that time, no additional action has occurred on the property. Additionally, a permit with the
Illinois Department of Transportation (IDOT) for much-needed full, signalized access off of Rte. 47 into the
subject property has since expired and the former developer/owner, Tri-Land Properties, lost the property in
foreclosure. Bank of America is now the title holder of the property and is actively marketing the site for
sale.
Current Day Countryside Center Property
Source: United City of Yorkville GIS circa 2009
Proposal Summary:
Overall Site Plan& Access:
The overall site plan is designed with four (4) lots covering the approximately 18.5-acre property, as
illustrated on the attached land plan. Currently, only Sublot #4 (Cinema), which is located in the southeast
corner of the property, has a proposed tenant and land plan and covers the largest area of the development.
The Property currently has two (2) direct points of access, located to the north of the development
off of Countryside Parkway and to the west off of Center Parkway. Both are full, non-signalized access
points. There are also numerous additional secondary, or non-direct, points of access to the property via the
drive aisles and connected parking lots of the adjacent retail and business/office/medical buildings
surrounding the property off of Rt. 47 and US 34, such as McDonald’s, Shell/Circle K, and Nelson’s Funeral
Home. However, primary access off of Rte. 47 does not currently exist for the property and the plan
1 Ord. No. 2005-10B Ordinance Designating the Countryside Center Tax Increment Redevelopment Project Area
Ord. No. 2005-10C Ordinance Allocating Financing for the Countryside Center Tax Increment Redevelopment Project Area
illustrates a non-signalized, right-in/right-out access to the site just south of the existing Funeral Home
entrance.
Cinema Plan & Parking
As mentioned previously, the general Planned Unit Development (PUD) plan for the movie theater
consists of a ±38,500 cinema located on a 7.60-acre parcel (Sublot #4) in the southeast corner of the overall
18.5-acre site. The theater building will contain ten (10) 70-ft. 3D capable movie screens and stadium seating
for up to 1,900 guests. All the theaters will offer digital projection and sound, upgraded leather seats and
IMAX experience.
The proposed parking for the theater will consist of 418 stalls, of which seven (7) are designated as
handicapped accessible. One (1) off-street loading dock is also proposed in the rear of the movie theater
building. Direct access to the theater heading south on Route 47 is proposed from the new Rte. 47 right-
in/right-out entrance drive, or via the existing Countryside Parkway access drive. Direct access from US 34
to the theater will most-likely occur from the Center Parkway entrance.
Staff Comments:
Staff offers the following comments and recommendations for the Plan Commission to consider
when reviewing the petitioner’s proposed land plan and Special Use request for Planned Unit Development
(PUD):
The parking spaces are narrower in width than the minimum required 8.5 feet for 90 degree
stalls and do not provide one (1) landscaped islands for every 20 parking spaces. However,
the Petitioner feels the variance is needed as the dimensions of the site do not permit the
required number of spaces nor landscaped islands. Staff accepts limited islands to aisle-end
medians only, as similar parking lot characteristics were approved in Kendall Marketplace.
Although it would be ideal to have the Route 47 entrance access point align with existing
drive aisle on the east side (Aldi), a right-in/right-out access off of Rte 47 to the property
rather than a signalized access will limit stop-lights on this roadway, and provide a much
needed direct ingress and egress to the development. Illinois Department of Transportation
(IDOT) approval and permit will be needed for the proposed access off of IL Rte 47.
The proposed parking would require a variance for the number of stalls (662 requires/418
provided) which can be supported by staff. This is due to the cinema group’s past experience
and modeling of such uses and the industry standard that parking for movie theaters should
be based upon capacity (typically 1 parking stall per 4 theater seats), rather than based on
total square footage of building which is how the City’s off-street parking requirements for
theaters are currently measured.
There appears to be one (1) off-street loading dock for the theater, the code requires one for
theaters 8,000 to 25,000 square feet and one (1) dock for each additional 50,000 sq. ft or
fraction thereof. This theater is proposed to be 38,500 sq. ft. therefore two (2) docks would
be required. Staff could support a variance based off of the Petitioner’s experience.
The development will need to adequately address stormwater management for the
development as part of their final engineering plans.
The proposed PUD plan is consistent with the current B-2 General Commercial zoning
designation and the 2008 Comprehensive Plan Update Future Land Use designation as
commercial. The proposed commercial land use is also consistent with the existing
surrounding commercial zoning and land uses.
All other site development elements such as signage, building elevations/materials,
landscaping plans and final engineering as part of the PUD plan will be reviewed by the Plan
Commission at time of Preliminary Plan/Final Plat consideration.
Conditions for Approval:
Section 10-13-10 of the City’s Zoning Ordinance establishes conditions by which the Plan
Commission may recommend approval of a special use for Planned Unit Development.
1. In what respect does the design of the Planned Unit Development meet the requirements and design
standards of the development standards and design criteria.
2. The extent to which the proposed plan deviates and/or requires waivers of the bulk regulations in the
zoning ordinance and how the modifications in design standards from the subdivision control
regulations fulfill the intent of those regulations.
3. The extent of public benefit produced by the Planned Unit Development, such as but not limited to,
the adequacy of common open space and/or public recreational facilities provided; sufficient control
over vehicular traffic; provision of public services; provision and protection of the reasonable
enjoyment of the land.
4. The relationship and compatibility, beneficial or adverse, of the Planned Unit Development to the
adjacent properties and nearby land uses.
5. The extent to which the Planned Unit Development fulfills the objectives of the future planning
objectives or other planning policies of the City.
Standards for Special Use:
Section 10-14-6F of the City’s Zoning Ordinance establishes standards for special use requests. No
special use shall be recommended by the Plan Commission unless said commission shall find that:
1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental
to or endanger the public health, safety, morals, comfort or general welfare.
2. The special use will not be injurious to the use and enjoyment of other property in the immediate
vicinity for the purpose already permitted, nor substantially diminish and impair property values
within the neighborhood.
3. The establishment of the special use will not impede the normal and orderly development and
improvement of surrounding property for uses permitted in the district.
4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being
provided.
5. Adequate measures have been or will be taken to provide ingress or egress so designed as to
minimize traffic congestion in the public streets.
6. The special use shall in all other respects conform to the applicable regulations of the district in
which it is located, except as such regulations may in each instance be modified by the City Council
pursuant to the recommendations of the Plan Commission.
The Petitioner shall provide written responses to these standards at the public hearing as part of the
findings of fact.
Staff Recommendation:
Staff recommends approval of the requested Special Use Permit for Planned Unit Development
(PUD) for the proposed Kendall Crossing development as it consistent with zoning and land uses; it forwards
the goals of the previously approved redevelopment agreements for the property entered into by the city with
former owners/developers; and addresses a service need within the community. Staff also recommends a
condition of approving the Special Use Permit for Planned Unit Development be made subject to submittal
and approval of Preliminary Plan or Final Plat within one (1) year.
Proposed Motion:
In consideration of testimony presented during a Public Hearing on October 17, 2012 and discussions
conducted at that meeting, the Plan Commission recommends approval to the City Council of a request
for Special Use Permit for Planned Unit Development (PUD) plan for the purpose of redeveloping the
approximately 18.5-acre property to be known as Kendall Crossing, including the construction of a new
38,500 square foot cinema complex, as presented by the Petitioner in a site plan prepared by RB &
Associates Consulting Inc. dated September 10, 2012, subject to staff recommendation in a memorandum
dated October 10, 2012 and further subject to {insert any additional conditions of the Plan
Commission}…
Attachments:
1. Copy of Petitioner’s Application w/attachments.
2. Neighborhood Cinema Group – NCG Yorkville Cinemas Kendall Crossing PowerPoint Presentation
3. Copy of Public Notice.
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PUBLIC NOTICENOTICE OF PUBLIC HEARINGBEFORETHE UNITED CITY OF YORKVILLEPLAN COMMISSIONPC 2012-09NOTICE IS HEREWITH GIVEN THAT James G. Ratos, Petition-er, has filed an application with the United City of Yorkville, Ken-dall County, Illinois, requesting Planned Unit Development(PUD) concept plan approval for the Countryside Center proper-ty for the purpose of constructing a new 38,500 square foot cine-ma complex. The real property consists of approximately 16.62acres located immediately north of US Route 34, west of IllinoisRoute 47, generally south of Countryside Parkway and east ofCenter Parkway, in Yorkville, Illinois.The legal description is as follows: LOT 7 (EXCEPT THATPART DESCTRIBED AS FOLLOWS: COMMENCING AT THEMOST EASTERLY SOUTHEAST CORNER OF SAID LOT 7;THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDSWEST ALONG A SOUTHERLY LINE OF SAID LOT, 309.0FEER TO A SOUTHEAST CORNER OF SAID LOT 7 FPR APOINT OF BEGINNING; THENCE SOUTH 80 DEGREES 58 MI-NUTES 11 SECONDS EAST ALONG SAID SOUTHERLY LINE309.0 FEET TO A SOUTHEAT CORNER OF SAID LOT 7;THENCE NORTH 04 DEGREES, 45 MINUTES EAST ALONGAN EASTERLY LINE OF SAID LOT 7, 90.0 FEET; THENCENORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 02SECONDS WEST 185.15 FEET TO THE POINT OF BEGIN-NING; AND ALSO EXCEPTING THAT PART DESCRIBED ASFOLLOWS: BEGINNING AT THE INTERSECTION OF THESOUTHERNMOST LINE OF LOT 6 OF SAID RESUBDIVISIONWITH THE WESTERLY LINE OF ILLINOIS ROUTE NO. 47;THENCE SOUTH 69 DEGREES 58 MINUTES 14 SECONDSWEST ALONG SAID SOUTHERNMOST LINE 230.45 FEET TOTHE SOUTHERNMOST CORNER OF SAID LOT 6; THENCESOUTH 19 DEGREES 57 MINUTES 46 SECONDS EAST192.30 FEET; THENCE NORTH 70 DEGREES 02 MINUTES 14SECONDS EAST 141.82 FEET TO SAID WESTERLY LINE;THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDSEAST ALONG SAID WESTERLY LINE 211.98 FEET TO THEPOINT OF BEGINNING) OF THE RESUBDIVISION OF PARTOF BLOCK 1, COUNTRYSIDE CENTER, UNIT NO. 1,YORKVILLE, ILLINOIS, AND ALSO THAT PART OF CENTERPARKWAY LYING NORTHERLY OF THE NORTH RIGHT OFWAY LINE OF U.S. ROUTE 34 AND SOUTHERLY OF THENORTH RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY,AND ALSO THAT PART OF COUNTRYSIDE PARKWAY LY-ING EASTERLY OF THE WEST RIGHT OF WAY LINE OF CEN-TER PARKWAY AND WESTERLY OF THE WEST RIGHT OFWAY LINE OF ILLINOIS ROUTE 47, AND ALSO THAT PARTOF ILLINOIS ROUTE 47 LYING SOUTHERLY OF A LINETHAT IS 70.0 FEET SOUTHERLY OF AN CONCENTRIC WITHTHE SOUTH RIGHT OF WAY LINE OF COUNTRYSIDE PARK-WAY EXTENDED EASTERLY, AND NORTHERLY OF A LINETHAT IS 60.0 SOUTHERLY OF AND PARALLEL WITH THEMOST EASTERLY SOUTHERLY LINE OF SAID LOT 7 EX-TENDED EASTERLY, IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS.P.I.N.# 02-28-104-015The proposed PUD concept plan application materials are on filewith the City Clerk.NOTICE IS HEREWITH GIVEN THAT the Plan Commission forthe United City of Yorkville will conduct a public hearing on saidapplication on Wednesday, October 17, 2012 at 7 p.m. at theUnited City of Yorkville City Council Chambers, 800 Game FarmRoad, Yorkville, Illinois, 60560.The public hearing may be continued from time to time withoutfurther notice being published.All interested parties are invited to attend the public hearing andwill be given an opportunity to be heard. Any written commentsshould be addressed to the United City of Yorkville City Clerk,City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be ac-cepted up to the date of the public hearing.By order of the Corporate Authorities of the United City ofYorkville, Kendall County, Illinois.BETH WARREN, City ClerkBy: Lisa Pickering, Deputy Clerk Ad 411980 Pub: Oct 1, 2012
Summary
Presentation of a concept PUD plan for Countryside Center, and discussion of requested
development incentives for the project.
Background
This item was last discussed by the Administration Committee in March 2012.At that
meeting, the committeereviewed options for recruiting a developer to build on the site. Those
options are itemized in the attached memo.The City Council ultimately decided to hold onto the
bond proceeds and to signal to potential developers that the City Council would be open to
development proposals that were outside the requirements of the original agreement (2005) or
the revised agreement (2008), and would agree to use remaining TIF proceeds to develop the
site. With that information in mind, YEDC Executive Director Lynn Dubajic approached
various commercial developers about the Countryside site.
After five months of business recruitment, Director Dubajic was able to get Jim Ratosto
commit to building the attached ~40,000 square foot, 10-screen movie theater. The concept plan
for the movie theater development is attached, and has been preliminarily reviewed by staff.
Mr. Ratoswill be present to discuss various aspects of the development, and to seek feedback
from City Council on the site plan. From aland-use perspective, the petitioner has already
notified staff that they will need the following list of development entitlements on the site, and
staff has reviewed them and feels they are tentatively acceptable, simply based upon the scope of
the development:
1)A right-in-right-out access onto southbound Route 47 in the middle of the
development. The Countryside redevelopment agreement approved in 2008
authorized a full access onto Route 47 for this development (developer request). Staff
is in favor ofthis request because it will limit stop-lights on Route 47, and will still
provide a means of ingress and egress for the development.
2)The petitioner is requesting that all buildings in the Countryside development (not
only the movie theater) have a sign on eachside of any building. Current City
requirements dictate that either one or two signs are allowed per building, depending
on street frontage. Staff feels this is an acceptable request, as long as the signs do not
directly face the residential areas, or if they face the residential areas that they are
adequately screened from the residential areas.
Memorandum
To:City Council
From:Bart Olson, City Administrator
CC:
Date:September 18, 2012
Subject:Countryside Concept PUD Plan and Incentive Agreement
3)On-site directional signage, which will be lower than eye-level. Current City
requirements would minimize or restrict the amount of off-site signage. Staff feels
this is an acceptable request if the signs are minimal in size and match the aesthetics
of the development.
4)The petitioner is requesting a smaller number of parking spaces with a narrower stall
than required by City Code, and is requesting that the requirement for landscaped
islands be waived. First, the petitioner has consulted with the theater company, who
believes that the parking requirements in our code are much higher than necessary,
based on their past experiences. Second, the dimensions of the site do not permit the
required number of spaces nor landscaped islands. Third, additional parking will be
available when the adjacent outlots are developed. Staff accepts limited islands to
aisle-end medians only, as similar parking lot characteristics can be seen in Kendall
Marketplace.
5)The original Countryside development had two large pylon-style signs in the medians
on Countryside Parkway near Route 47 and Center Parkway near Route 34. The
petitioner is requesting off-site signs be authorized again. Staff feels the location of
the signs is an acceptable request as these signs have been historically located in the
medians, and both points provide fully signalized access to the development.
The second half of the discussion on this development involves the incentives needed for
the developer to recruit the theater to the site. The following list includes the requests by the
developer and staff’s preliminary thoughts on each request:
6)Disbursement of TIF bond proceeds of $2,000,000 to the developer upon first day of
operation of the movie theater (estimated to be November 15, 2013). Staff is
accepting of the timing of the request, and has informed the developer that the current
bond proceeds available are only ~$1.8 million. Staff’s preliminary proposal would
be disbursement of all available TIF bond proceeds (~$1.8m) and for the remaining
gap to be funded by the City’s portion of the amusement taxnot pledged until the
difference between $2,000,000 and actual disbursement has been paid.
7)Access to the 1% business district tax proceeds for all businesses developed on the
site, for the duration of the business district. Staff feels this is acceptable, as this was
contemplated in the most recently approved TIF redevelopment plan (2008). The
business district was established in 2009 and by law may remain in effect for a
maximum of 23 years from date of original approval.Since all disbursements of
business district taxes must be for infrastructure and other costs within the business
district, staff proposes no cap on the business district taxincentive, other than the
expiration of the business district. All disbursements shall require proof of eligible
costs.
8)Access to half of the City’s amusement tax received from the movie theater for 10
years. The City’s amusement tax is currently 3%, which means the developer would
have access to the amusement tax for one and one-half (1.5%) percentage points of
the amusement tax.
9)As contemplated in item #6 above, staff would propose the gap between the available
bond proceeds and $2,000,000 be funded with the other halfof the City’s amusement
tax. When the ~$200,000 gap is eliminated, the amusement tax would then be shared
50/50 for the remainder of the term in item #8.
Recommendation
Staff requests feedback on the proposed site plan, development proposals, and incentive
proposals.