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City Council Packet 2008 03-25-08 United City of Yorkville 800 Game Farm Road ESL , 1836 Yorkville, Illinois 60560 -4 � Telephone: 630-553-4350 o L �O Fax: 630-553-7575 <CE AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 p.m. Tuesday,March 25, 2008 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: 6:00 p.m., April 15, 2008 City Hall Conference Room Economic Development Committee: 7:00 p.m., April 3, 2008 City Hall Conference Room Administration Committee Meeting: 6:00 p.m., April 10, 2008 Yorkville Public Library Public Safety Committee Meeting: 6:00 p.m., March 27, 2008 City Hall Conference Room Presentations: City Council Meeting Agenda March 25, 2008 Page 2 ------------ - ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ----------------------- Public Hearings: 1 . Raycorp, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an amendment to the annexation and planned unit development agreement and rezoning from the United City of Yorkville R-2 Duplex Two-Family District to the United City of Yorkville PUD to allow for uses allowable within the B-3 Service Business Zoning Classification. The real property consists of approximately 23 .95 acres, located at 10312 Rt. 71 , Yorkville, Illinois 60560. 2. Hattner Trust #1 , an Illinois Corporation, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an annexation agreement. The real property consists of approximately 80 acres, located on Route 47 in Yorkville, Illinois. 3 . Jake Land Group, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an annexation agreement. The real property consists of approximately 52.44 acres, located at 8614 Route 71 , Yorkville, Illinois. Citizen Comments: Consent Agenda: 1 . EDC 2008-08 Resolution Approving a Legal Fees for Annexation Policy - authorize Mayor and City Clerk to execute 2. ADM 2008-16 Monthly Treasurer's Report for January 2008 3 . ADM 2008-20 Kendall County Waiver of Building Permit Fees Request - approve reduction in fees as presented 4. ADM 2008-21 Benefits Renewal for 2008-2009 — approve contracts with Blue Cross Blue Shield Medical, Blue Cross Blue Shield Dental and Metlife Life Insurance, as presented, and authorize Human Resources Manager to execute 5. PW 2008-40 Resolution Approving Increase in Hourly Rates and Expenses for Engineering Enterprises, Inc. — authorize Mayor and City Clerk to execute 6. PW 2008-42 Water Department Report for January 2008 7. PW 2008-43 Water Department Report for February 2008 8. PW 2008-44 FY 2008-2009 General Maintenance MFT Appropriation Resolution - authorize City Clerk to execute 9. PW 2008-45 Palmer Court Roadway Improvements — Bid Results - award contract to Aurora Blacktop, Inc. in an amount not to exceed $67, 905. 00 10. PW 2008-46 Rt. 34/Sycamore Temporary Traffic Signal — Change Order #1 - authorize increase in an amount not to exceed $1, 200. 00 and authorize Mayor to execute 11 . PW 2008-47 In-Town Road Program (Phase 2 Utilities) — Change Order #5 - authorize decrease in the amount of$7, 641. 15 and authorize City Administrator and City Clerk to execute 12. PW 2008-49 Raintree Village Unit 5 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 City Council Meeting Agenda March 25, 2008 Page 3 13 . PW 2008-50 Raintree Village Unit 6 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 14, PW 2008-51 Grande Reserve Unit 12 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 15. PW 2008-52 Grande Reserve Unit 12 — Site Occupancy Letter of Credit Release - authorize release of LaSalle Bank Letter of Credit #5594295 in the amount of$21, 000 16. PW 2008-53 Grande Reserve Unit 13 — Letter of Credit Expiration - authorize City Clerk to call letter of credit if it is not renewed by May 2, 2008 17. PW 2008-54 Saravanos Properties — Sitework Letter of Credit Reduction #1 - authorize reduction in an amount not to exceed $297,290.87, subject to verification that the developer has no outstanding debt owed to city 18. PW 2008-55 Saravanos Properties — Earthwork Letter of Credit Reduction #3 - authorize reduction in an amount not to exceed $19, 554. 78, subject to verification that the developer has no outstanding debt owed to city 19. PW 2008-56 Raging Waves — Letter of Credit Reduction #2 - authorize reduction in an amount not to exceed $ 794, 822. 96, subject to verification that the developer has no outstanding debt owed to city 20. PW 2008-57 Bristol Bay Phase 1 (Units 1 -8) — Earthwork Bond Reduction #2 - authorize reduction in an amount not to exceed $141, 420. 53, subject to verification that the developer has no outstanding debt owed to city 21 . PW 2008-58 Bristol Bay Unit 4 — Final Acceptance and Bond Reductions - accept public improvements for ownership and maintenance with the understanding that the remaining punchlist items will be completed during the one year warranty period and approve an earthwork bond reduction in an amount not to exceed $8, 765. 46, a sitework bond reduction in an amount not to exceed $146,805. 85, and a landscaping bond reduction in an amount not to exceed $58, 696. 10, all subject to verification that the developer has no outstanding debt owed to city Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — February 26, 2008 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 530,945. 15 (vendors) $ 248,328.78 (payroll period ending 3/15/08) S 779,273 .93 (total) City Council Meeting Agenda March 25, 2008 Page 4 Reports: Mayor's Report: 1 . ADM 2008-11 FY 2008-2009 Budget Update City Council Report: City Attorney' s Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: 1 . CC 2008-20 Ordinance Authorizing the Acquisition of 202 E. Countryside Parkway Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . No report. Economic Development Committee Report: 1 . PC 2007-24 Kalant Property Rezoning Request (R-2 to B-2) a. Ordinance Rezoning Certain Property in Furtherance of an Annexation Agreement Public Safety Committee Report: 1 . No report. Administration Committee Report: 1 . ADM 2008- 19 Tuition Reimbursement Request Additional Business: Executive Session: 1 . For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. City Council Meeting Agenda March 25, 2008 Page 5 2. For the purchase or lease of real property for the use of the public body. 3 . 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. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES ------------------------------------ !PUBLIC WORKS; _ - - . Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderman Plocher Streets and Alleys YBSD Committee: Alderman Leslie Sanitation and Waste Committee: Alderwoman Sutcliff - - ----------------- ,ECONOMIC DEVELOPMENT; Committee Departments Li aisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Munns Plan Commission Committee: Alderman Besco Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development - - PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher City Council Meeting Agenda March 25, 2008 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) ;ADMINISTRATION Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Werderich Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderman Golinski UNITED CITY OF YORKVILLE WORKSHEET CITY COUNCIL Tuesday, March 25, 2008 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- AMENDMENTS TO AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- PUBLIC HEARINGS: ................--------...................---...........-.....................-------------------.............................. ------- 1 . Raycorp — Amended Annexation/PUD Agreement and Rezoning 2. Hattner Trust #1 — Annexation Agreement 3 . Jake Land Group, LLC — Annexation Agreement --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- 1 . EDC 2008-08 Resolution Approving a Legal Fees for Annexation Policy ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ................---------------------------------.......--.............-------...........................---.......................... - 2. ADM 2008-16 Monthly Treasurer's Report for January 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . ADM 2008-20 Kendall County Waiver of Building Permit Fees Request ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -------------------------------------------------------------------------------------------......-------------------------------------- 4. ADM 2008-21 Benefits Renewal for 2008-2009 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ..............--------------------------------------------------------------------------............................... ---------------- 5. PW 2008-40 Resolution Approving Increase in Hourly Rates & Wages for Engineering Enterprises, Inc ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------......--------------------------------------------------------------------------------------------------------------- 6. PW 2008-42 Water Department Report for January 2008 ❑ Approved ❑ Subject to ❑ Removed 11 Notes --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2008-43 Water Department Report for February 2008 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -....................---------------------------------------------------------------------------------------------------------- -------- 8. PW 2008-44 FY 2008-2009 General Maintenance MFT Appropriation Resolution ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------.......-------------------------------------------------------------------------------.......... ------------------- 9. PW 2008-45 Palmer Court Roadway Improvements — Bid Results ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2008-46 Rt. 34/Sycamore Temporary Traffic Signal — Change Order #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 11 . PW 2008-47 hi-Town Road Program (Phase 2 Utilities) — Change Order #5 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ------------------------------------.......---------------------------------------------------------.............................. ----- 12. PW 2008-49 Raintree Village Unit 5 — Letter of Credit Expiration ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------..................................... 13 . PW 2008-50 Raintree Village Unit 6 — Letter of Credit Expiration ❑ Approved ❑ Subject to ❑ Removed ❑ Notes .............................--------------------------------------------------------.................................................. 14. PW 2008-51 Grande Reserve Unit 12 — Letter of Credit Expiration ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 15. PW 2008-52 Grande Reserve Unit 12 — Site Occupancy Letter of Credit Release ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------.......------------------------------------------------------------------------........... ------------------------- 16. PW 2008-53 Grande Reserve Unit 13 — Letter of Credit Expiration ❑ Approved ❑ Subject to ❑ Removed ❑ Notes .................--------------------------------------------------------------------------------............... ----------------------- 17. PW 2008-54 Saravanos Properties — Sitework Letter of Credit Reduction #1 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ........................-----------------------------------------------------------....................... ----------------------------- 18. PW 2008-55 Saravanos Properties — Earthwork Letter of Credit Reduction #3 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 19. PW 2008-56 Raging Waves — Letter of Credit Reduction #2 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes -------------------------------------------------------------------------------------------------------------------------------- ------- 20. PW 2008-57 Bristol Bay Phase 1 (Units 1 -8) — Earthwork Bond Reduction #2 ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ----------------------------......---------------------------------------------------------------------................................ 21 . PW 2008-58 Bristol Bay Unit 4 — Final Acceptance and Bond Reductions ❑ Approved ❑ Subject to ❑ Removed ❑ Notes ................---------------------------------------------------------------............................................. ----------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1 . City Council — February 26, 2008 ❑ Approved ❑ As presented ❑ As amended ---------- -------------------- ----------------- --------------- ------------------- ------------------------------ BILL LIST: ..........----------------------------------------------------------------------------------------------------------------------------- ❑ Approved ❑ As presented ❑ As amended ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- REPORTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MAYOR'S REPORT: ..........----------------------------------------------------------------------------.......--------- --------------------------------- 1 . ADM 2008-11 FY 2008-2009 Budget Update ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- PARKS & RECREATION REPORT: ----------------------------------------------------------------------------------------------------................................... 1 . CC 2008-20 Ordinance Authorizing the Acquisition of 202 E. Countryside Parkway ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ECONOMIC DEVELOPMENT COMMITTEE REPORT: -....................------------------------------------...................----------------------------------------------------------- 2. PC 2007-24 Ordinance Rezoning Certain Property (Kalant) ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADMINISTRATION COMMITTEE REPORT: .................--------------------------------------------------------------------------------------- ------------------------------- 1 . ADM 2008- 19 Tuition Reimbursement Requests ❑ Approved ❑ Subject to ❑ Removed ❑ Bring back to Committee/future meeting ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- o e�D Cl;. Reviewed By: Agenda Item Number T Legal ❑ PUBLIC HEARING#1 Baas EST 1836 Finance F1 Engineer El Tracking Number City Administrator ❑ Consultant ❑ PC 2008-04 Agenda Item Summary Memo Title: Raycorp, Inc. —Amended Annexation Agreement and Rezoning Meeting and Date: City Council—March 25, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ID COMMUNITY DEVELOPMENT S��gSO ClrYT United City Of Yorkville DEPARTMENT 800 Gagne Farm Road Yorkville, Illinois 60560 Telephone: 630453-4350 Fax: 630-553-7575 APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Ygrkville Town Center. Date of submission: February 15-1 2008 Requesting: Q Annexation Zoning YffPlanned Unit Development [J Special Use: 1 . Name of Petifloner(s): Raycorp , Inc . Address: 16345 So Harlem Ave Suite 4 SW& Tinlev Park. TL 60477 Phone Number: I08-429-6644 Fax Number. 708-,429-6586 Emall Address: j imb@raycorpinc ' net Relationship of Petitioners) to subject property: IFOwner 0 Developer p Contract Purchaser 2. Name of holder of legal fitle, if different from #1 : Villas at the Preserve/Raycorp, Inc . If legal tide is held In a Land Trust, list the names of all holders of any beneficial Interest therein: 3. a). (1). Street address and physical location of subject property: 10312 Rt 71 Yorkville TL 60560 1 4-01 le west o the intersection (� 20 i g ofsurrdoUhd ng pa 7 1's- ou the Bout si e of Rt 71 North: 83 South: County Agricultral East: 83 West: County Agricultral b). Legal description of property; attach as Exhibit "K. c). Total Acreage: 24 gs Auras _ d). Kendall County Parcel Numbers) of property: 05-08-201 402 b 05-05400-010 e). Current Zoning Classification: Yorkville R-2 Duylex Two-Family Residence PVD District f). Zoning Classification Requested: vc,rkmt 1 ti n-3 t i9 hwav ttusiness PUD g), is this property within City limits? XX Yes No, requesting annexation Page 1 ors WtadCgf ofYork%Ae Amne3dMPUD,ZOnin94wiat Use APPOcation Revised: 11=06 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit V. S. List all governmental entitles or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject properly to be annexed: 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel most sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Tony Graff Graff Management a Development , LLC 1334 Walsh Dr . Yorkville , IL 60560 P 630-689-9217 f 630-553-3270 email graffmd @aol. com Attorney: Name: Schaint Burne° Rose & Citron Ltd attn Robert &envy Address: 222 ' N LaSalle St Suite 1910 Chicago IL 60601 Phone Number. OR2..n9nn Fax Number. g12..3432-4514 Email Address: r1cenny @schainlaw. com Engineer. Name: MeTitCOTPx PC attu James Meier Address: 20 S Main St Oswego IL 60543 — Phone Number. A4n..554-6 _ Fax Number 610- 554-77-88 Email Address: info@merit-corP . com Land Planner Name: MeritCorp , PC attn James Meier. Address: 20 S Main St Oswego IL 60543 Phone Number: 630-954_6655 Fax Number. 6'40-554_7788 . _ . EmallAddress: info @merit-corp . com Page 2 of 5 UuWcityorYwkville Anmadon yUD.Zonin&9pm4al Use AppUadn Revised: 11!26106 10. Submit the following to the Deputy Clerk In order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project; a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petltioner Route, Step t, Fees" and/or contact the Deputy Clerk for verification of this amount). c, Concept or Preliminary Site Plan: 40 sets folded to fit in a 100 x 13' envelope. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: February_ 151 200_$ . P tloner(s natu I� owners signatures must appear on this application.) 5ubsc foremethls _ 1;5t1h dayof Februar 200 8. SHER,tttM R. MARROtTA � IgTNNPIt91J0i> � THIS APPLICATION MUST BE NOTARIZED, Page 3 of 5 United City orYmkviae Ama%flon,PUDXoning,9pecia1 Use Appikatioe Aeriaed 11AV06 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees" and all pertinent materials to the Deputy Cierk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner Is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. "Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b, Rezoning only - $200 plus $10 per acre for each acre over 5 acres c, Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $600 f. Engineering Review Deposit - up to 1 acre = $1,000; over 1 acre but not over 10 = $2,600 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under to 2 ac acres z: $22500 over 10 acres = $5t000 Note: OwnerlDeveloper wig be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning 000rdinator, environments' etc.). Should Owner/Developer not City of Yorkville for he aforemientioned responsible and costs. the United Note: You mustpresent your plan at each of the msefbrgrs below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 41' Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street, Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m, in the Council Chambers at City Hail. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Comrnission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mall by the Petitioner to adjacent properly owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Pape 4 of United City orYarkvilleAn oexaitan,PUD,Zoniag,Spwiel UN Application Revised HMO Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p.m. In the Council Chambers at City Hall, A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville In the Kendall County Record. A certified mailing to surrounding landowners Is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council, Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. In the Conference Room at City Hall. The project will be discussed In an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This Is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any Incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your he Depu CI United City of Yorkville, $D0 Game Farm Road, Yorkville, Illinois e0560. Data: "FeT2rzaarY 15 ,_ . 2008 net ofYetitioner . Pie sues U6ed City of Yodcvilk A=ntion,PUD,Z0n1u&6PM1&1 UM APPUcaHon Revised: "tA106 ARA 16345 S. Harlem Avenue, Suite 4-S.W. • Tinley Perk, IL 60477 Phone (708) 429-6644 Fax (108) 429-6686 EYMBIT A Legal Description of Property THAT PART OF THE SOUTHEAST Y4 OF SECTION 5 AND THAT PART OF THE NORTHEAST '/ OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS;COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48 DEGREES 47 MINUTES 08 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE LAST DESCRIBED COURSE, 967.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT, 882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESEVED IN A WARRANTY DEED FROM SILAS AND THANKFUL DYER, HUSBAND AND WIRE, TO CLEMENT DYER AND RECORDED IN BOOK 30 AT PAGE 548 ON MARCH 23, 18703 AND THEN CONCONVEYED TO GEORGE W. HARRIS BY WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 311870; THENCE NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM), 1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS 03-05-08 to client THIS INSTRUMENT PREPARED BY AND RETURN TO: THE ABOVE SPACE FOR RECORDER'S USE FIRST AMENDED ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RAYCORP, INC. DEVELOPER AND OWNER OF RECORD (YORKVILLE TOWN CENTER) WHEREAS, a Petition for Annexation, Rezoning, Planned Unit Development and Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto ("Subject Realty"), was previously filed with the United City of Yorkville, Illinois ("City") by the previous owners of the Subject Realty ; and WHEREAS, the Plan Commission previously held a public hearing on said petitions in accordance with law and recommended approval thereof; and WHEREAS, the City authorized execution of, and did execute, an "Annexation and Planned Unit Development Agreement between the United City of Yorkville and Burnside Construction Company, Developer, and the Owner of Record" ("Prior Agreement') for the Subject Realty; and WHEREAS, subsequent to execution of the Prior Agreement, the previous owners sold the Subject Realty to Raycorp, Inc., who is the present owner and developer of the Subject Realty (hereinafter sometimes referred to as "Owner" and/or "Developer"); and WHEREAS, the market for residential units has drastically changed from the time the Prior Agreement was executed and given the number of residential units planned but not yet built in the greater Yorkville community the Parties agree that development of the Subject Realty for residential purposes is no longer feasible or reasonable; and WHEREAS, Owner has petitioned the City to consider a change of zoning to Planned Unit Development under the commercial B-3 district regulations to allow commercial uses on the Subject Realty; and WHEREAS, a commercial development on this Subject Realty will provide the much needed commercial services to the Yorkville community located south of the river; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the Subject Realty will be developed in to the City in an orderly manner; and WHEREAS, Owner and Developer and their representatives have discussed the proposed commercial Planned Unit Development zoning classification and have had a Public Hearing with the Plan Commission as to the proposed commercial Planned Unit Development classification and have had a Pulic Hearing with the City Council as to this First Amended Annexation and Planned Unit Development Agreement (the "Agreement'), and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, the terms of that certain Prior Agreement shall be rendered void and replaced in its entirety by this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: ARTICLE I PLANNED DEVELOPMENT ZONING APPROVAL The Subject Realty shall be rezoned from The United City of Yorkville R-2 Duplex Two- Family Residence Planned Unit Development District to the commercial Planned Unit Development District under the B-3 Highway Business District regulations. At such time as Owner obtains a developer to construct the commercial uses on the Subject Realty, said developer shall submit and the City shall approve a Preliminary Planned Unit Development application for that portion of the Subject Realty which is proposed for development. ARTICLE II PLANNED UNIT DEVELOPMENT PLANS SECTION 1: APPROVED CONCEPT PLAN The Concept Plan prepared by MeritCorp, PC, with last revision date of December 28, 2007, a copy of which is attached hereto as Exhibit II ("Concept Plan") has been reviewed by the Plan Commission of the City and is hereby approved by the City as a part of this Agreement. At such time as a commercial user of the Subject Realty is obtained, said user and/or developer shall apply for a Preliminary and Final Planned Unit Development approval. The Concept Plan is hereby deemed approved. Development within the Subject Realty shall be in substantial conformity with: 1) the Concept Plan as further revised in the preliminary 2 and final planned unit development process; 2) applicable provisions of United City of Yorkville Subdivision Ordinance; 3) and this Agreement. Development of the Subject Realty shall be in conformity with applicable ordinances of the City, except as otherwise provided or specifically varied or limited in this Agreement, and in accordance with the additional procedures, definitions, uses and restrictions contained herein. SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS A. Preliminary Plans. All review, approval and construction of work with respect to the construction of the Public Improvements by the Developer shall be performed in conformity with Section 2 of this Agreement, the Preliminary PUD Plan, the Preliminary Engineering Plan, and final PUD and final engineering drawings to be submitted to and to be approved by the City Engineer. Upon approval of the Preliminary Planned Unit Development by the City, the Developer shall prepare and submit to the City for approval by the City, a final plat of subdivision and final engineering for the Development. All approvals by the City staff and City engineering consultants shall not be unreasonably delayed. B. Final Plans. Developer shall have the right to develop the Subject Realty in such number of phases or units (individually a "Phase Development") as Developer may from time to time determine in its sole discretion. Upon the submittal by Developer to the City of a final plat of subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plans") for a Phase of Development, which substantially conform with the Concept Plan as to such Phase of Development, the City shall promptly approve such Final Plat, (so long as it is in substantial conformity with the approved Concept Plan, and that Developer is not in material breach or default as to any terms of this Agreement), Final Landscape Plan and Final Engineering Plan incompliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's Office provided Developer complies with applicable City regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 13-B of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the City has provided for in this Agreement, and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. C. Review of Plans. Upon Developers submittal to the City of preliminary and/ or final engineering specification, technical details, plats and/or plans and preliminary and/or final planned unit development plans ("Plans") for the Property, the City shall promptly make such initial reviews of the Plans and shall submit a letter detailing all requested corrections within forty- five (45) calendar days after the date of submission of such Plans. The Developer shall then make such corrections as are requested or shall confer with City staff to clarify the requested corrections and then resubmit Plans containing such corrections to the previously submitted Plans to the City. Upon resubmission of the corrections by the Developer, the City shall promptly review the corrections made by Developer and City shall submit a letter, within fourteen (14) days after Developer resubmits such corrections, indicating City approval or what corrections were not properly made. The City agrees and warrants that it shall not raise new issues when responding to the Developer's corrections. Upon Developer's completion of all corrections and upon City approval, the City shall thereafter issue the permits and approvals to Developer in order for Developer to start construction of the Project. 3 SECTION 3: PROPERTY OWNERS' ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD Concurrent with and prior to recording its First Final Plat, Developer shall submit to the City and City shall review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration') which will be used by Developer to establish the covenants, conditions and restrictions for each Phase of Development. The Declaration shall provide for the authority of Developer and/or the City to establish an association (the "Property Owners Association') which shall have primary responsibility for the ownership, care and maintenance of the common open space areas within the Subject Realty ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Owner/Developer shall be solely responsible for creation and formation of the Property Owners' Association, although the City may have the right, but not the obligation to do so, if Owner/Developer fails to do so. SECTION 4: DORMANT SPECIAL SERVICE AREA Owner/Developer agrees to the City enacting at the time of final plat approval a Dormant Special Service Area (DSSA) to act as a back up in the event that the Property Owners' Association fails to maintain the Common Facilities, including, but not limited to, private common areas, detention ponds, perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area ARTICLE III DEVELOPMENT STANDARDS SECTION 1: ZONING AND LAND USE REQUIREMENTS The underlying zoning classification for each of the Phases of Development shall be B-3 Highway Business District pursuant to provisions of the Zoning Ordinance attached hereto as Exhibit "_". Each of the Phases of Development shall be developed in compliance with the bulk design standards as set forth in the Zoning Ordinance and Subdivision Ordinance ("Bulk Design Standards"), unless otherwise provided herein. SECTION 2: BULK DESIGN STANDARD MODIFICATIONS Unless otherwise provided in the Preliminary or Final Planned Unit Development Plan to be submitted and approved by the City, which the City shall reasonably consider at such time as a commercial user is obtained, each Phase of Development shall be developed in compliance with the bulk design standards as specified in the City's Subdivision Ordinance and the Zoning Ordinance and as universally applied throughout the City. For any new ordinances adopted subsequent to the date of this Agreement, the City shall give the Owner a six (6) month grace period from the date Owner is notified of any changes to the Applicable Codes of the City in order to comply with the new regulations except as otherwise specified in Exhibit VIII attached hereto ("Bulk Design Modifications"). The Bulk Design Modifications are hereby approved and shall 4 control the development of the Subject Realty irrespective of any conflicting provision contained in the City's Subdivision Ordinance or Zoning Ordinance. (Exhibit to be attached.) SECTION 3: TEMPORARY CONSTRUCTION FACILITIES Owner/ Developer, its successors and assigns shall have the right to place, build and utilize trailers for management and construction offices and facilities, in each Phase of Development from the time this Amended Agreement is approved by the City Council until the last occupancy permit has been issued for all commercial units permitted within the Subject Realty. SECTION 4: STREET ACCESS A. Restricted Access: No direct driveway access shall be permitted for any lot onto Route 71. B. Minor Streets: The subdivision internal minor streets ("Minor Streets') shall be private roads and shall provide access from the businesses to Route 71 SECTION 5: SIGNAGE Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the last commercial unit, Owner shall be entitled to construct, maintain and utilize offsite commercial, marketing and location signs at not more than three (3) locations at any time within the corporate limits of the City , including along Route 71, as Owner may designate (individually an "offsite Sign" and collectively the "Offsite Signs') subject to sign permit review and issuance by the City. Offsite Signs will not be located on public right- of-way. Owner shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated and is subject to approval by the City. In addition to the Offsite Signs, Owner shall be permitted to construct signage, as deemed appropriate by the Developer, announcing and advertising the commercial development upon the Route 71 frontage of the Subject Realty. Permanent signage for the commercial developments shall be permitted. The commercial signage shall be permitted pursuant to the same sign standards as permitted in other similar shopping centers within the City. A. Temporary Si¢nage: Temporary Project Signs shall be permitted for the Subject Realty as provided in Exhibit IX attached hereto, from the date of approval of this Agreement. 1. Owner/Developer shall be allowed three (3) temporary sales signs ("Temporary Sales Signs"), each of which shall be double-sided. The Temporary Sales signs shall be located as shown on the Concept Plan. 2. Owner/Developer shall be allowed two (2) project marketing signs ("Project Marketing Signs"). Said Project Marketing Signs may be located as shown on the Concept Plan and shall have a maximum area of 120 square feet per side and a maximum height of 15 feet. 5 3. Owner/ Developer shall be allowed to place such signs as shown on the Concept Plan in conformance with the standards set forth in the City Zoning and Subdivision Ordinances currently in effect at the date of execution of this Agreement by the city unless otherwise modified by this Agreement. B. Permanent Signage: Permanent commercial identification signs and features shall be permitted along Route 71. SECTION 6: CONFLICT WITH DEVELOPMENT ORDINANCES To the extent of any conflict, ambiguity or inconsistency between the terms, provisions or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance, the Subdivision Ordinance, as heretofore identified, City Reimbursement of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, or any other City code, ordinance or regulation, (collectively defined herein as "Development Ordinances') the terms, provision and standards of this Agreement shall govern and control. These Development Ordinances shall be the Ordinances that govern this Subject Realty and as to the dates of this Agreement and any amendment to the Development Ordinances shall not apply to the Subject Realty. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the City said Ordinance shall apply for that purpose to the Subject Realty. Further and notwithstanding the City Codes and ordinances to the contrary, the City staff and consultants, including architects and engineers, shall respond to submittal of plans from Owners and Developers within forty five (45) days of submittal to the City. No new issues will be raised by City staff and consultants on subsequent reviews of resubmitted plans. All Development Ordinances in effect as of the date of execution of this Agreement shall continue in effect insofar as they relate to the development of the Subject Realty, except as provided in this Agreement, for a period of five (5) years. Any amendment, repeal, or additional regulations, which are subsequently enacted by the City, shall not be applied to the development of the Subject Realty except upon the written consent of the Owners and Developer during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations and codes of the City in existence on or adopted after the expiration of said five (5) year period., provided, however, that the application of any such ordinance, regulation or code shall not result, alter or eliminate any of the ordinance variations provided for herein; nor result in any subdivided lot or structure constructed within the Subject Realty being classified as non-conforming under any ordinance of the City. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the Subject Realty, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated with the City's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the Owners and Developer, and anything to the contrary contained herein notwithstanding, the Owners and Developer may proceed with development or construction upon 6 the Subject Realty pursuant to the less restrictive amendment or modification applicable generally to all properties within the City. SECTION 7: FEES AND CHARGES Fees and charges may be assessed against the Subject Realty provided any such fee or charge is or shall be collected by the City on a uniform basis from all commercial owners, users and developers of property within the City. The city shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees or use fees for the Subject Realty unless such increases are: (i) made generally applicable to all owners, users and developers of property with the City; and (ii) such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. The City's Development Ordinances establish the City policy with respect to fees and contributions to be made by commercial developers of real estate. The fees payable shall be those established by the City's Development Ordinances on the date of approval of this Agreement by the City. A. Engineering Review Fee: Owner/Developer agrees to pay, at final plat approval for each phase of the development, an Engineering Review Fee at the rate of 1.25% of the approved engineer's estimate of cost of all land improvements, as defined in the Subdivision Ordinance in effect at the time this Agreement is signed. B. Administration/Inspection Fee: Owner/Developer agrees to pay, at final plat approval, an Administration/Inspection Fee at the rate of 1.75% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the Property Owners Association. C. Weather Warning Siren: Owner/Developer agrees to pay, if not previously paid at annexation, a weather warning siren fee to the City of $75.00 per acre, or a total of $1,800.00. Said contributions and fees, as they apply to the Subject Realty, shall not be increased from the date of approval by the City of this Agreement. SECTION 8: SANITARY SEWER SERVICE Developer shall cause the Subject Realty, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or `MSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Subject Realty and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the City for each Phase of Development. The City shall fully cooperate with Owner and Developer in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol 7 facilities, in order to facilitate the development and use of each Phase of Development of the Subject Realty. In the event the Yorkville Bristol Sanitary District or City requires Owner/ Developer to oversize sanitary sewer mains, the parties shall enter into a written agreement specifically providing that said costs shall be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to perform any oversizing. SECTION 9: POTABLE WATER SERVICE The City acknowledges that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains within the right-of-way along a portion of the perimeter of the Subject Realty, which system and mains have, sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the Subject Realty to the extent the Subject Realty is developed in accordance with the Concept Plan. The City shall cooperate with Developer in obtaining all off-site easements necessary and shall grant Developer access to all City-owned right-of-way to enable Developer's provision of potable water service to the Subject Realty. Developer shall restore property affected by off-site extension of water lines to its existing condition prior to said construction. In the event the City requires Owner/ Developer to oversize water mains based on the fire flow requirements of the development, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the City, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/ Developer before Owner/Developer is required to perform any oversizing. SECTION 10: STORM SEWER FACILITIES Any storm water detention facility constructed on-site shall comply with the requirements of the City Codes and Ordinances. SECTION 11: OWNERSHIP OF PUBLIC UTILITIES All public utilities, including but not limited to sanitary sewer, storm sewer and water mains shall be owned and maintained by the City after acceptance in accordance with the Subdivision Ordinance. Any storm water detention facilities shall be owned by the Property Owner's Association and maintained by said Association. SECTION 12: OFF-SITE IMPROVEMENTS/RECAPTURE/INSPECTIONS A. The City agrees to respond to all requests for required inspection or permits within seven (7) days and to issue or reject (with explanation for corrections) approvals and/ or permits within fourteen (14) days. B. Off-site improvements for the provision of water, sanitary sewer and other utility and infrastructure services shall be provided by Owner/Developer according to the City Subdivision Ordinance. After the installation of improvements by Owner/Developer, the United 8 City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. C. The City agrees to consider, but is not obligated to negotiate with Owner/Developer the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the Subject Realty. Any recapture shall be done by Ordinance after the City has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by Owner/ Developer, and approved by a majority vote of the City Council. D. Owner/Developer and City agree that if easements are necessary for off-site improvements to serve Subject Realty with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, to assist the Owner/ Developer in the acquisition of easements or permission to use easements from private parties, Bristol Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of Owner/Developer. SECTION 13: ACCEPTANCE OF PUBLIC IMPROVEMENTS/SECURITY INSTRUMENTS A. Acceptance of Public Improvements: The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the City pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following Developer's completion thereof for each Phase of Development in compliance with the requirements of the Subdivision ordinance, and shall adopt the resolution accepting said public improvements within sixty (60) days following the submission of the "as built" plans, provided the public improvements have been accepted by the City. Should the City not approve the public improvements, it shall provide a detailed written description of why the improvements are not being accepted to the Developer within 60 days of Owner'/Developer's request for acceptance. B. Posting Security: Developer shall deposit, or cause to be deposited, with the City, at Developer's option, such irrevocable letters of credit, contractor's performance bonds or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the City. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time this Agreement is executed. All such Security instruments if in the form of an irrevocable letter of credit shall be substantially in a form agreeable to the parties. The City, pursuant to recommendation by the City Engineer, shall from time to time approve a reduction or reductions in the Security instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the City prior to the recordation of the Final flat for each Phase of Development. C. Release of Underground and Streets: Upon completion and inspection of underground improvements, street and related road improvements in each Phase of Development and acceptance by the City Engineer, Developer shall be entitled to a release or appropriate 9 reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the City, in conformance with the City Subdivision Ordinance. D. Transfer and Substitution: Upon the sale or transfer of any portion of the Subject Realty, Developer shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the City of a substitute Security Instrument approved by the City, securing the costs of the improvements set forth therein by the proposed substitute Developer. SECTION 14: AMENDMENTS TO ORDINANCE All ordinances, regulations, fees, and codes of the City including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Realty and its development for a period of five (5) years from the date of this Agreement. Any Agreements repeal or additional regulations which are subsequently enacted by the City shall not be applied to the development of the Subject Realty except upon the written consent of Developer during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations, and codes of the City in existence on or adopted after the expiration of said five (5) year period. Developer shall not be entitled to a freeze on amendments to ordinances where it would affect the City's ISO rating. The foregoing to the contrary notwithstanding, in the event the City is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Realty pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Realty and be complied with by Developer, provided, however, that any so-called "grandfather' provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Realty shall be given full force and effect. SECTION 15: BUILDING MATERIAL Exterior building materials shall be comply with the City Appearance Code regarding commercial buildings. ARTICLE IV GENERAL PROVISION SECTION 1: CHANGES TO THE PLANNED UNIT DEVELOPMENT The Subject Realty shall be developed in substantial compliance with the Final Plans and this Agreement. Changes to the Planned Unit Development hereafter requested shall be evaluated and processed as follows: A. Definitions: 10 1. Major changes: Major changes shall include any changes to the Planned Unit Development which require an amendment of the Ordinance approving this Agreement, increase in the number of units, or any other change for which a public hearing is required by law or by the United City of Yorkville Municipal Code, except as specifically provided herein. 2. Minor changes: Minor changes shall include any change not defined herein as a major change or a technical change. 3. Technical changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the Building Commissioner, Fire Chief or City Administrator as the case may be, to be: (i) in substantial compliance with the Final Plat as approved by the City Council; (ii) in compliance with the Yorkville Municipal Code, as amended, except as specifically varied herein; and (iii) in compliance with usual and customary building or engineering practice. For purposes of this Section, the location of buildings and signage shall constitute a technical change only. B. Procedures: 1. Major changes may be approved by the vote of a simple majority of the City Council after public hearing and recommendation by the Plan Commission pursuant to submittal and processing of a petition to amend the Planned Unit Development and a petition for preliminary approval, as set forth in the United City of Yorkville Municipal Code. 2. Minor changes may be approved by the City Council without Plan Commission review or public hearing. 3. Technical changes may be approved by the City Engineer, Building Commissioner, Fire Chief or City Administrator, as the case may be. 11 SECTION 2: ON-SITE EASEMENTS AND IMPROVEMENTS At the time of recordation of each final plat for the Subject Realty, the owner of such platted area shall grant to the City, at no cost to the City, on-site easements which are determined by the City Council to be necessary for the provision of Public Improvements for the Subject Realty, including but not limited to easements for lift stations, sanitary sewer, water main, electric utility, cable television, storm sewer, stormwater detention and retention, and drainage facilities of sufficient capacity and elevation to provide free flowing and unobstructed outfall of stormwater from areas tributary to the Subject Realty, all as depicted on the Final Engineering Plans or as required by the Subdivision Ordinance. Except for such time to effectuate the reconnection of any public utility system, there shall be no material disruption or discontinuation of the operation of any public utility system, or storm or surface water drainage system by virtue of establishing new easements and vacation any of existing easements, to the extent reasonably practicable. The City shall be granted blanket easements, which shall be included in the Declaration of Covenants, Restrictions and Easements for the subdivisions, for a phase of development, over the private access roads and parking facilities contained therein for utility maintenance, and for police, fire, and other emergency vehicles. When each final plat of subdivision is recorded for the Subject Realty, Developer shall pay for the design engineering, construction engineering and installation of all on-site Public Improvements as defined herein and under the United City of Yorkville Municipal Code, and as reasonably determined by the City Council to be necessary for the development of the Subject Realty in compliance with the Final Plat and Final Engineering Plans. In the event that during the development of the Subject Realty Developer determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Realty in accordance with the Final Plat, the City shall fully cooperate with Developer in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the Developer. If any easement granted to the City as a part of the development of the Subject Realty is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Realty as reflected on the Final Plat and in this Agreement, the City shall fully cooperate with Developer in vacating and relocating such easement and utility facilities located therein, which costs shall be bone by the Developer. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, Developer shall pay for the cost of design and relocation of any such easement and the public utilities located therein. Developer shall provide for the interconnection, through appropriate storm drainage easements, swales and structures, of the storm sewer system constructed within the Subject Realty with the outfall structures and surface channels adjacent to the Subject Realty. SECTION 3: OFFSITE EASEMENTS AND CONSTRUCTION At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall obtain all off-site easements which are reasonably determined by the City Council to be necessary for the development of such portion of the Subject Realty in accordance with the Final Plans. In the event Developer is unable to acquire such necessary off-site easement, the City shall exercise its power of eminent domain to acquire the same, provided Developer shall pay the reasonable costs 12 incurred by the City as a result thereof. Developer shall deposit the amount of such costs reasonably estimated by the City into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the City. Such finds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to Developer. At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall pay for the design engineering, construction engineering and installation of all off-site Public Improvements as required by the final engineering plans for each final plat of subdivision. All such off-site Public Improvements shall be included in the Guarantee for Completion for the area so platted. In the event any such off-site Public Improvements are determined by the City to provide a benefit to other Subject Realty, the City shall enter into a Reimbursement Agreement with Developer with respect to such improvements. SECTION 4: BUILDING CODE Except as otherwise provided in Exhibit XI ('Building Code Deviations") to this Agreement, Developer shall comply in all respects with the applicable provisions of the United City of Yorkville Municipal Code and other City ordinances pertaining to the construction of structures for commercial purposes in effect at the time Developer, or its successor or assigns, makes application to the City for a building permit or permits in connection therewith. SECTION 5: BUILDING PERMITS The City shall issue building permits for construction of improvements upon the Subject Realty within fourteen (14) working days subsequent to receipt of application therefore. If the application is denied, the City shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall review and provide written comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal. The City shall issue such building permits upon compliance with those requirements. Developer may apply for and the City shall issue building permits for portions of the Subject Realty after approval but prior to recordation of a Final Plat for any such portion of the Subject Realty, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the Subject Realty. SECTION 6: OCCUPANCY PERMITS A. No occupancy permit shall be issued for any building on the Subject Realty until the storm sewer, sanitary sewer, water system, telephone, gas, electric and streets through stone base are operational. Notwithstanding the foregoing the Owner/Developer shall be entitled to use temporary construction and sales trailers in accordance with Section 3 of Article IV of this Agreement. B. The City shall not deny a temporary certificate of occupancy for any space within a commercial building for the sole reason that other areas in the building are either incomplete or 13 under construction, provided the space to be occupied otherwise meets all applicable occupancy requirements of City ordinances. C. The City shall issue certificates of occupancy for buildings constructed within the Subject Realty within two (2) working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate, Inability, due to adverse weather conditions, to install a final surface course on driveways, service walks, public sidewalks, stoops, landscaping (including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy, which shall contain specific deadlines for completion of each of the items not completed. The City shall not issue a final occupancy permit unless the Final Plat of Subdivision for the Subject Realty is recorded. SECTION 7: RESTORATION OF CITY PROPERTY Developer shall repair and replace, in accordance with the original sizes, standards and topography in a manner satisfactory to the City Engineer, all City property, including Public Improvements, damaged or disturbed by reason of Developer's work in connection with the development of the Subject Realty. SECTION 8: MAINTENANCE OF PRIVATE FACILITIES The provisions of the Property Owners' Association Declaration shall apply to the repair and maintenance of all facilities and amenities which are not conveyed to the City as part of the publicly owned portion of the Public Improvements and are not owned and maintained by a lot owner within the Subject Realty. SECTION 9: COMPLIANCE WITH STATE STATUTES A. General: In the event that any one or more provisions of this do not comply with any one or more provisions of the Illinois Compiled Statutes and the governing rules of the Illinois Water Pollution Control Board or the Federal or State Environmental Protection Agencies, then the City, Owner, and Developer, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 10: PRELIMINARY GRADING Upon execution of this Agreement by the city, Developer may obtain from the city, and the city may issue, a site development permit for the site grading to be performed upon the Subject Realty. Such site grading shall be at Developer's sole risk and expense, and in conformity with Engineering Plans to be approved by the City Engineer, and any changes or adjustments to the requirements for such grading resulting from the review and approval of the final engineering plan for such phase shall be promptly performed by Developer, at Developer's expense. 14 SECTION 11: CONSTRUCTION TRAILERS The city agrees that form and after the effective date of this Agreement, Developer's subcontractors' supply storage trailers may be placed upon such part or parts of the Subject Realty as required and approved by Developer for development purposes. Said trailers may remain within any phase of development within the Subject Realty until all Public Improvements for such phase of development have been completed and accepted by the City. SECTION 12: STREET STANDARDS Design standards for Interior Minor Streets and access drives to be utilized as part of the development of the Subject Realty are set forth on the Preliminary engineering Plans ("Street Standards"). To the extent any ordinance or regulation of the City conflicts with any of the Street Standards, such ordinance or regulation is hereby varied and the Street Standards shall prevail and be the legal, applicable standards for development of the subject realty, except as otherwise expressly provided in this Agreement. (Need to provide Street Plan exhibit or statement regarding interior streets.) SECTION 13: DEDICATION OF STREET RIGHT-OF-WAY The final plat for each phase of development in the Subject Realty shall establish the dedication of the appropriate right-of-way for all public streets within such phase of development in accordance with the Subdivision Ordinance, as amended or as otherwise provided in this Agreement, and in substantial conformity with the Final Engineering Plans. Street names for each public street shall be established and identified on each final plat of subdivision. SECTION 14: CONVEYANCES Nothing contained in this shall be construed to restrict or limit the right of the Owner and/or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this Agreement. SECTION 15: TRANSFER OF RIGHTS AND DUTIES Upon the conveyance of any Owner's interest in a phase of development or any portion of the Subject Realty to a third party ("Transferee"), the rights and obligations so identified of such Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed assigned to and assumed by such third party, and Owner and Developer shall thereupon be released and discharged by the City from any farther obligation pertaining to such identified rights and duties. The Transferee shall thereupon be entitled to exercise all rights and authorities and shall perform all duties and obligations of Owner and Developer pertaining to such phase or portion of the Subject Realty. The Transferee shall comply with the applicable requirements of this Agreement pertaining to the posting of guarantees with the City affecting the portion of the Subject Realty conveyed. Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount, in proper form and issued by a financial institution approved by the City. 15 SECTION 16: DEMOLITION OF EXISTING STRUCTURES. Owner/Developer shall demolish the building on the Subject Realty within twelve (12) months of the effective date of the approval of the rezoning and annexation of the Subject Realty SECTION 17: COMMERCIAL TAX INCENTIVES Owner/Developer is proposing 23.7 acres of commercial development on the Subject Realty with a neighborhood retail shopping center on Route 71, approximately 1/4 miles west of a major intersection of Route 47 and Route 71. Owner/ Developer represents that in order to proceed with the development of the Subject Realty as commercial, it will be required to construct or pay for the construction of certain on and off site improvements, including highway and roadway improvements, traffic signals, demolition, sanitary sewer line, water mains and other utilities. Owner/Developer has requested and the City agrees to provide up to a maximum of two million four hundred thousand ($2,400,000.00) dollars in economic assistance towards the actual cost of project improvements as outlined within the City's Economic Incentives Policy adopted on December 13, 2005. In recognition of the benefit to the City through creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the City agrees to enter into an economic incentive agreement with the Owner/Developer to be funded by a percentage of the taxes that are generated from the businesses to be located on the Subject Realty. ARTICLE V MISCELLANEOUS SECTION 1: INCORPORATION OF EXHIBITS All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. SECTION 2: ENFORCEMENT This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. SECTION 3: SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the Owner, Developer and their successors in title and interest, and upon the City, and any successor municipalities of the City. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the Owner, Developer, and the City. 16 SECTION 4: ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. SECTION 5: NOTICES Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: United City of Yorkville Mayor Valerie Burd 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Kathleen Field Orr & Associates 180 N. Michigan Avenue Suite 1040 Chicago, IL 60601 If to Owner/ Developer: Thomas Rayburn Raycorp, Inc. 16345 S. Harlem Ave. Suite 4SW Tinley Park IL 60477 With a copy to: Robert C. Kenny Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 6: SEVERABILITY This Agreement is entered into pursuant to the provisions of Chapter 65, § 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002), in the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion 17 or portions of this Agreement as remain. In addition, the City, Owner and Developer shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Realty. SECTION 7: AGREEMENT This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the City and the owner of record of a portion of the Subject Realty as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Realty not affected by such Agreement. SECTION 8: CONVEYANCES Nothing contained in this Agreement shall be construed to restrict or limit the right of the Owner or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved. SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS The City shall pass all ordinances and resolutions necessary to permit the Owner, Developer and their successors or assigns, to develop the Subject Realty in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The City agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. SECTION 10: TERM OF AGREEMENT The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said (20) twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the City and Owner/Developer. SECTION 11: CAPTIONS AND PARAGRAPH HEADINGS The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. SECTION 12: RECORDING This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at Developer's expense. SECTION 13: RECITALS AND EXHIBITS 18 The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. SECTION 14: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. SECTION 15: NO MORATORIUM The City shall not limit the number of building or other permits that may be applied for due to any City imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of Development. SECTION 16: TIME IS OF THE ESSENCE Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. SECTION 17: EXCULPATION It is agreed that the City is not liable or responsible for any restrictions on the City's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Realty, the city, the Developer, or Owners, including, but not limited to county, state or federal regulatory bodies. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of 2008. UNITED CITY OF YORKVILLE Kendall County, Illinois By: Its: Mayor ATTEST: By: Its: City Clerk 19 RCK/Raycorp-Yorkville/Annexation-Agreement-03-05-08 20 Yorkville Town Center Proposed Commercial Concept PUD Narrative Summary Neighborhood Retail Center RT 71 & Walsh Drive 23 +/ - acres (03/05/08) Explanation of the General Character of the proposed PUD It is the stated goal of the "2005 Comprehensive Plan Update, Southern Study Area' ("Comprehensive Plan") that commercial land uses in the southern study area, in which this property is located, are intended to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively, and conveniently serve the growing local population. The subject property is located proximate to the Route 47/Route 71 intersection. That intersection is developing as a commercial node for the southern portion of Yorkville located south of the river. Whereas, it was originally anticipated that the subject property would be an excellent transition development between the Forest Preserve and the commercial at the immediate corner of Route 47 and 71, the market has clearly dictated otherwise. The subject property is identified as a Transitional Neighborhood land use in the Comprehensive Plan. The Transitional Neighborhood land use contemplates a medium density residential setting which is part of a mix of residential uses within a master planned community. "These master planned communities can have neighborhoods of varying densities, open spaces and carefully integrated commercial uses. . . Transitional Neighborhood can be designed to provide intermediary space between lower density residential areas and non-residential areas allowing greater flexibility of development adjacent to areas subject to development pressures." Clearly Raycorp, Inc. attempted to build a project in accordance with the Comprehensive Plan. Raycorp sought and obtained final approval of the Villas at the Preserve medium density residential project. Raycorp constructed a model building and commenced an aggressive marketing campaign for over 1-1/2 years, including the construction of a model building to enhance the marketability of the project. What, in retrospect may have been lacking, was the fact that this property was not part of a larger master planned community. Where a mix of residential densities can exist and thrive in a master planned community; at this location, a single residential product did not. The market has clearly spoken: residential use on the last privately held property between the Route 47/71 intersection and the forest preserve property will not work. However, in reviewing the general area surrounding the property and in reviewing the commercial uses existing to serve the southern portion of the Yorkville community, it is clear that an anchored retail center will enhance the immediate area as well as the nearby community of southern Yorkville. Raycorp has focused its sights on a grocery store anchor for the project. Nearby residents have welcomed the thought of a grocery store south of the river. The balance of the commercial uses to be pursued will be retailers and other commercial users that do not presently serve the southern community of Yorkville. It is suggested that the subject property is a large enough commercial parcel to provide for an anchor tenant. The anchor tenant will be the difference between a more typical strip retail center that may experience vacancies from time to time, and retail space adjacent to the anchor that is able to feed off the anchor tenant's business. It is also expected that once the anchor tenant is up and operating, that the vacant commercial property located directly across Route 71 will benefit and will be able to be constructed and fill its stores. It is recognized that Route 71 is identified as one of the City's "gateway corridors". As such, Raycorp recognizes that compliance with the City's existing landscaping plan will be a crucial tool to enhance the Route 71 corridor. Raycorp has agreed to continue the bike trail system across the property's right of way (in compliance with IDOT requirements) to provide easy access to the adjacent Forest Preserve property. Raycorp also recognizes the benefit of Design Guidelines as set forth in the Appearance Code. Although the residential model building currently exists on the property, that building will be demolished if the B-3 zoning and Planned Unit Development are granted, and as such, the property will either meet or exceed the Building Design Guidelines for Unbuilt Sites. (See Chapter 15 Appearance Code.) Raycorp has had numerous conversations with the property owner to the east of the subject property (Hughes). Mr. Hughes and Raycorp understand the importance of integrating a commercial development across both properties. Similarly, Raycorp has discussed development integration with the Pottinger family to the south of the property. Discussions centered on shared access to Route 71 and Route 47 and shared easements for utilities and drainage. Raycorp is committed to working with the Pottinger and Hughes families to integrate, in the way most beneficial to all owners and the City, given the limitations of the topography of the properties. Finally, Raycorp has discussed the commercial development plans with the Forest Preserve. While the Forest Preserve is not interested in purchasing the subject property, Raycorp has offered and the Forest Preserve is interested in acquiring title (via transfer, assignment or sale) to what will be the southern triangle of the property which may consist of up to 3.5 to 4 acres. Raycorp has agreed to work with the Forest Preserve to screen the commercial buildings that will back up to the Forest Preserve on the west side of the property with berming and landscaping (such as conifer trees) to compliment the Forest Preserve, while other screening methods will be used along the balance of the west side of the subject property. Raycorp also agreed to install "night sky" lighting to minimise the glare experience on the Forest Preserve property to the west. One of the clear benefits from commercial development on this property is the expectation that the commercial development will warrant a traffic signal at the property's sole Route 71 access point which lines up with Walsh Drive across from the subject property. This traffic light will not only benefit traffic movements to and from the site onto Route 71, but also it will substantially enhance the safety and security of the residents in Sunflower Estates and Greenbriar Subdivisions who now have to negotiate 2 the hazards of the existing Greenbriar Road / Route 47 and Walsh Drive / Route 47 intersections that are not protected by a traffic signals at this time. A. Description of all land uses to be included in such district (including open space) with percentages of each use. The proposed PUD shall only consist of commercial uses. It is anticipated that the anchor retail tenant will comprise approximately 50% of the total square footage of the site (approximately 60,000 to 65,000 sq ft). Supporting in-line retail and outlots will make up the balance of the project. Raycorp is requesting as part of the Annexation Agreement and Planned Unit Development Agreement amendment, the right to up to at least four drive-through windows for the commercial users and at least one bank on an outlot. The detention pond is proposed to be located in the northwest corner of the property to provide further buffering to the Forest Preserve. B. Projected Densities for each Residential Use. As this project will be entirely commercial, this matter is not applicable. C. A Description of the Development Standards and Design Criteria Applicable to the Proposed Planned Unit Development. The Commercial project shall meet or exceed the Development Standards and Design Criteria contained in the City Codes, except as modified by the "First Amended Annexation Agreement and Planned Unit Development Agreement." D. An Outline Describing Why the Property Should be Developed as a Planned Unit Development. The Owner originally applied to rezone the Subject Property to B-3 in an effort to facilitate the marketing of the subject property for commercial uses. It was anticipated that at such time as a viable user was identified, then that user would obtain site plan or planned unit development approval. This strategy was originally pursued because the Owner has no current user for the property. However, Staff requested that we include a request for PUD with our application, which we have agreed to do. Therefore, we are also seeking Concept PUD approval for commercial use in the B-3 zoning district for the subject property. Given the history of the property and given the discernible topography, it is thought that a Planned Unit Development will provide helpful controls for the Owner and for the City. E. Identification of the Conventional Zoning Classification Allowing the Uses for Each land use type Included. The underlying zoning district for this project will be the B-3 Business Service District, similar to the B-3 zoning located immediately adjacent to the east of the subject property and located immediately across Route 71 from the subject property. F. A List of requested Exceptions to Applicable City Ordinances and Codes. 3 At this Concept PUD stage, the following requests for waivers are being requested: 1. Modification in the 30' buffer distance from the detention pond to allow an access road within the 30' area. 2. Private Roads within the development. 3. Modification of requirements required due to the property's topography. 4. Bike trail in the State Right of Way in accordance with IDOT standards. 5. Minimum of one freestanding bank. 6. Minimum of 4 drive-through windows. 7. Interior developable lots adjacent to private roads instead of the required public road standards as an allowance for building setbacks. 4 ?`QOD C/;.� Reviewed By: Agenda Item Number J Legal ❑ PUBLIC HEARING#2 EST. leas Finance ❑ 1 Engineer ❑ City Administrator F1 Tracking Number a^ 20 Consultant ❑ F1 PC 2007-39 �E Agenda Item Summary Memo Title: Hattner Trust#1 —Annexation Meeting and Date: City Council—March 25, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: 9 C 0 W CEO C1rr United City of Yorkville ifi D -1 1 2007 D 800 Game Farm Road EST. - I leas COMMUNITY DEVELOPMENT Yorkville, Illinois 60560 DEPARTMENT Telephone: 630-553-4350 Fax: 630-553 -7575 PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Hattner Date of Submission: Amended 12 / 10107 Requesting: [(Annexation XZoning [] Planned Unit Development [] Special Use: 1 . Name of Petitioner(s): Hattner Trust # 1 Address: 45 Settlers Lane Oswego IL 60543 Phone Number: _( 630 ) 841 -0323 Fax Number: Email Address: Relationship of Petitioner(s) to subject property: ROwner RDeveloper [] Contract Purchaser 2. Name of holder of legal title, if different from #1 : N /A If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: Annette M Hattner , . Marie Hattner; 3. a). (i). Street address and physical location of subject property: Route 47 (ii). Zoning of surrounding parcels: North: Kendall County A- 1 South: Kendall County A- 1 East: Kendall County A- 1 West: Kendall County A- 1 b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 80 . 340 d). Kendall County Parcel Number(s) of property: 05-21 -400-005 e). Current Zoning Classification: Kendall County A- 1 f). Zoning Classification Requested: . See_ attached sheet g). Is this property within City limits? Yes X No, requesting annexation Page I of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 Zoning Classification Requested: PUD with flex zoning within the proposed PUD Agreement providing for a maximum of 28 acres B-3 ; a maximum of 14 acres of multi-family zoning and a maximum 51 acres R- 1 Single Family Residence District Zoning 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N / A 7. Does a flood plain exist on the subject property? no 8. Do Electors reside on the subject property? no If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney Daniel J Kramer phone : 553-9500 fax : 553-5764 1107A S . Bridge Street Yorkville , IL 60560 Attorney: Name: Daniel J . Kramer Address: 1107A S . Bridge Street Yorkville , IL 60560 Phone Number: 630-553 -9500 Fax Number: 630-553- 5764 Email Address: Dkramer @dankramerlaw . com Engineer: Name: Philip D Young & Associates Address: 1107B S Bridge St Yorkville IL 60560 Phone Number: 553- 1580 Fax Number: 553- 1685 Email Address: Land Planner: Name: Schoppe Design Associates Address: 126 S Main Street Oswego IL 60543 Phone Number: 551 -3355 Fax Number: 551 -3639 Email Address: mschoppe @schoppe . net Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: to"1\ <n 10 Petitioners) Signature: (All legal property owners signatures must appear on this application.) Subscribed and sworn to before me this (o+h day of OL!CA)-DA , 200 -7 _. CO! I EEN HANSOPI Gk X0��K/s/\2'�/� •st�rE of tulr� THIS APPLICA TION MUST BE NOTARIZED. Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U .S. Army Corps of Engineers, etc. , to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $ 10 per acre for each acre over 5 acres d . Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5 ,000 over 40 acres, but not over 100 = $ 10 ,000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4" Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m, at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Paae 4 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 Step 5 - only required for annexation agreements or PUD agreements : City Council public hearing : The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: to / ( G /D - i o Signature o Petitioner Page 5 of 5 United City of Yorkville Annexalion,PUD,Zoning,Speoial Use Application Revised: 11/28/06 LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 21 , TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID EAST HALF; THENCE SOUTHERLY, ALONG THE EAST LINE, 1 ,401 .21 FEET TO A POINT THAT IS 1 ,245 .6 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY, AT AN ANGLE OF 90 DEGREES, 23 MINUTES, 18 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 370.32 FEET; THENCE SOUTHERLY, AT AN ANGLE OF 90 DEGREES, 23 MINUTES, 18 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, PARALLEL WITH SAID EAST LINE, 8.40 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 86 DEGREES, 57 MINUTES, 37 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG THE CENTER OF MIDDLE AUX SABLE CREEK, 691 .65 FEET; THENCE CONTINUING NORTHWESTERLY, AT AN ANGLE OF 183 DEGREES, 15 MINUTES, 36 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 270.0 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY , AT AN ANGLE OF 96 DEGREES, 20 MINUTES, 00 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID WEST LINE, 1 ,337.20 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EASTERLY, ALONG SAID NORTH LINE, 1 ,330. 17 FEET TO THE POINT OF BEGINNING, AND ALSO, THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION21 , TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF THE FOX AND ILLINOIS UNION RAILROAD COMPANY, ALL IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS, CONTAINING 80.335 ACRES. March 14, 2008 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE HATTNER FAMILY TRUST (East side of Route 47) THIS AGREEMENT is made and entered into this day of , 2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and the HATTNER FAMILY TRUST, of the County of Kendall, State of Illinois (hereinafter referred to as "OWNER/DEVELOPER"), which is the OWNER/DEVELOPER of the real property hereinafter referred to as the "PROPERTY": WITNESSETH WHEREAS, OWNERIDEVELOPER is the owner of real property which is the subject matter of said Agreement comprising approximately 79.88 acres, more or less, and is more particularly described in the attached Exhibit "A", which is incorporated herein by reference; and WHEREAS, the subject territory is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; and WHEREAS, OWNER/DEVELOPER desires to annex into the CITY the PROPERTY 1 described in the attached Exhibit "A" and depicted in the Annexation Plat which is attached hereto and incorporated herein as Exhibit "B" The CITY Plan Commission has considered the Petition to Annex and Zone and positively recommended the same, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and with the approval of the CITY; and WHEREAS, the CITY has agreed to allow Flex Zoning permitting the real property described in the attached Exhibit "C" to be zoned for B-2 General Business District as to a maximum of twenty eight (28) acres located immediately contiguous to the east side of the right- of-way of Illinois State Route 47 as it exists on the date of CITY execution of this Annexation/Planned Unit Development Agreement; and has agreed to allow Flex Zoning permitting the real property described in Exhibit "D" to be zoned R-4 General Residence District as to a maximum of fourteen (14) acres located immediately east of and contiguous to the B-2 General Business District Parcel; and has agreed to allow Flex Zoning permitting the real property described in the attached Exhibit "E" to be zoned for R-2 One Family Residence District immediately easterly and adjacent to the above described parcels, but in no event to exceed sixty five (65) acres of the real property; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner, and WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have held a Public Hearing with the Plan Commission, and The City Council, prior to the execution hereof, duly published and held a public hearing was held to consider this 2 Agreement in front of the City Council, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11 - 15 . 1 -1 through 51 . 1 -5 (2006), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have taken all further action required by the provisions of 65 ILLS 5/11 -15. 1 .3 (2006) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation/Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11 - 15. 1 -1 through 65 ILCS 5111 -15 . 1 -5 (2006), as amended, as follows: 1 . A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance annexing to the City all of the real property described herein in the attached Exhibit "A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit "A" subject to the further terms of this Agreement as follows: i. The real property described in Exhibit "C" is hereby zoned as B-2 Service Business District and that the real property be allowed to be used for all of the uses allowed in that —3— classification. ii. The real property described in Exhibit "D" is hereby zoned as R-4 General Residence District and that the real property be allowed to be used for all of the uses allowed in that classification. iii. The real property described in Exhibit "E" is hereby zoned as R-2 One Family District and that the real property be allowed to be used for all of the uses allowed in that classification. B. OWNER/DEVELOPER shall develop the subject property in terms of reservation of open space, protection of the creek corridor on the south boundary of the property, and installation of a trail system in general conformity with the Planned Unit Development Preliminary Plan dated , which was prepared by Schoppe Design Associates and which is attached hereto and incorporated by reference as Exhibit "F". C. OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards along all perimeter boundaries of the subject property. No permanent trees covering utilities shall be planted on the right-of- way adjacent to the subject real property. D. OWNER/DEVELOPER shall establish the landscape buffer along Illinois State Route 47 behind the proposed Right-of-Way expansion line of the Illinois Department of Transportation. E. OWNER/DEVELOPER agrees that in all respects, the subject PROPERTY shall be developed in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, Stormwater, and all other applicable -4- Ordinances. 2. OWNER/DEVELOPER, and successors, heirs, and assigns hereby agree that prior to development taking place on the PROPERTY, a site development plan shall be submitted along with approval of Preliminary Plat of Subdivision and Preliminary Engineering as well as Final Plats of Subdivision and Final Engineering prior to OWNER/DEVELOPER commencing construction on said PROPERTY. 3 . CITY'S AGREEMENTS. A. (i) The CITY agrees that as to any of the non-residential use and zoning classification of said parcel, OWNER/DEVELOPER has no obligation to pay School Transition Fees or School-Park Land-Cash Fees. (ii) In the event the parcel of real property as described in Exhibit "D" is developed consistent with the R-4 General Residence District and/or the parcel designated B-2 General Business District as to a maximum of twenty eight (28) acres located immediately contiguous to the east side of the right-of-way of Illinois State Route 47 as it exists on the date of CITY execution of this Annexation/Planned Unit Development Agreement; and has agreed to allow Flex Zoning permitting the real property described in Exhibit "D" to be zoned R-4 General Residence District as to a maximum of fourteen ( 14) acres located immediately east of and contiguous to the B-2 General Business District Parcel; and has agreed to allow Flex Zoning permitting the real property described in the attached Exhibit "E" to be zoned for R-2 One Family Residence District immediately easterly and adjacent to the above described parcels, but in no event —5— to exceed sixty five (65) acres of the real property Flex Zoning provisions contained herein, the OWNER/DEVELOPER shall pay Land-Cash Fees for schools and parks at the time of Building Permit Application. For each respective dwelling unit all other fees currently in existence at the date of this Agreement by the CITY, or any effected District of local government shall be charged and paid likewise at the time of application for each respective building permit. B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the City Water and Sanitary Sewer System at the time of improving the subject property, and shall be responsible for the cost of main extensions to the PROPERTY if said mains do not touch the PROPERTY. C. Upon annexation to the CITY, the OWNER/DEVELOPER will receive police protection, 911 service, Water, Sanitary Sewer, and all services as provided by CITY to its property owners and residents. D. The CITY will require the OWNER/DEVELOPER to annex to Yorkville Bristol Sanitary District prior to the time of applying for a building permit seeking to hook up to the Sanitary District and the CITY Sanitary Sewer System. E. CITY will Permit an Economic Incentive Agreement to be requested by OWNER/DEVELOPER for the benefit of the parcel zoned B-2 General Business District as to any portion of the off-site, signalization on-site or collector costs, stormwater detention costs, Route 47 tapper or right-of-way improvements, pursuant to such an Agreement out of 'h of any Sales Tax Receipts from users on the subject site inconformity with the United City of Yorkville Commercial Incentive Policy in existence at the date of this Agreement. —6— 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER/DEVELOPER and its successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 5. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is farther understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 6. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. -7- 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 8. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Kathryn Field Orr 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Annette Hattner 12924 E. 2400`x' St. Annawan, IL 61234 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any parry way from time to time designate in a written notice to the other parties. 9. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. -8- In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 10. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of , 2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: City Clerk -9- OWNER/DEVELOPER: HATTNER TRUST 1 By: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553 .9500 -10- EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Annexation Plat Exhibit "C" B-2 General Business District Exhibit "D" R-4 General Residence District Exhibit "E" R-2 One Family Residence Exhibit "F" Schoppe Design Preliminary PUD Plan dated: -11- ,(ED C/r` Reviewed By: Agenda Item Number J2 , T Legal ❑ PUBLIC HEARING#3 Finance Esr. 5 1836 ❑ 1 Engineer ❑ -� City Administrator Tracking Number ❑ Consultant ❑ PC 2007-42 LE Agenda Item Summary Memo Title: Jake Land Group, Inc. —Annexation Meeting and Date• City Council—March 25, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: ID ECE9W JL DEC 2907 `�Ep CtTy United City of Yorkville COMMUNITY DEVELOPMENT Jam' County Seat of Kendall County DEPARTMENT 800 Game Farm Road EST. I !; �aas Yorkville, Illinois, 60560 Telephone : 630- 553-4350 Os �\ 0 Fax : 630- 553-7575 �2 Website : www .yorkvlUe . 11 . us APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST The Shoppes South Development Name : of the Fox Date of Submission: Slt 1ki /C� ? Requesting: XAnnexation XZoning '[]' Planned Unit Development [] Special Use : 1 . Name of Petitioner(s) : Jake Land Group, LLC Address: 25615 Plantation Road Plainfield "1L--, ,-60544 Phone Number: 708-473-8635 Fax Number: 815- 609-6501 Relationship of Petitioner(s) to subject property: 31 Owner X Developer )R Contract Purchaser 2. Name of holder of legal title, if different from #1 : Jake Land Group LLC Peter Dattoli , Ronald & Debbie Schmoker, Walter & Kathleen Sullivan If legal title is held in a Land Trust, list the names of all holders of any beneficial interest s therein : N / A 3. a) . (1). Street address and physical location of subject property: 8614 Route 71 Yorkville , IL 60560 (ii). Zoning of surrounding parcels : North: Kendall County A- 1 Agricultural South : R-2 Residential District . East: B-3 Service Business District West: _pending aopr Y3t b) . Legal description of property; attach as Exhibit "A". C . Total Acreage: 52 . 44 _ Pagel of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04 3. (con't) : d) . Kendall County Parcel Number(s) of property for which PUD is sought: attache,, i licit e) . Current Zoning Classification : A- 1 County & B-3 Service Business District f) . Zoning Classification Requestec See attached list PUD g) . Is this property within City limits? Yes X No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed : N /A 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Attorney Daniel J Kramer , 1107A S . Bridge St . , Yorkville . IL 60560 nhonP SS ¢ cmnn fax SS3 576U e-mail : Dkramer@dankramerlaw com Attorney: Name: Daniel J . Kramer Address :- 1107A S Bridge St Yorkville IL 60560 Phone Number: 553-9500 Fax Number: 553-5764 Engineer: Name: Cemcon Ltd . Address : 2280 White Oak Circle Ste 100 Aurora , IL 60502 Phone Number: 862-2100 Fax Number: 862 -2199 Land Planner: Name: Crhop!ne Design Associates Address : 196 a Megin c+ ,-eet, OswPgo If 60543 Phone Number: 551 -3355 Fax Number: 551 -3639 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope Page 2 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees' and/or contact the Deputy Clerk for verification of this amount) . c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: 1cliaO ( 0 7 Pali er(s) Sig ature: I egal prop fly owners signatures must appear on this application.) Subscribed and sworn to before me this a0fh day of 911 tIJ)4A -, 200T_. aaz�3 Ie � Notary Seal THIS APPLICATION MUST BE NOTARIZED. fICIAI E REEN LIC �SlgSlON Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11128/06 ANNEXATION; PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees` and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting . Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U .S. Army Corps of Engineers , etc., to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 I. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $53000 over 40 acres, but not over 100 = $101000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fee's directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step'2: Plan Council : The Planning Council meets the 2nd and 4"' Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary - District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3 : Park Board Planning Meeting : The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission : The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page 4 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04 Step 5 : Economic Development Committee : The Economic Development Committee meets the third Thursday of each month at 7:00 p .m, in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation) proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6 : Committee of the Whole : The Committee of the Whole meets the first and third Tuesdays of the month at 7 :00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing . Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: Signature of Petitioner Page 5 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04 JAKE LAND GROUP PARCEL NUMBERS TO BE DEVELOPED 43 (d) Kendall County Parcel Number(s) of property for which PUD is sought: 05-03-300-007 Ronald & Debbie Schmoker Route 1 Box 237C Sheridan, IL 60551 05-03-300-021 05-03-300-013 05-03-300-014 05-03-300-016 05-03-300-015 05-03-300-001 Standard Bank & Trust #19589 780095 Ih St. , West Hickory Hills, IL 60457 05-03-300-008 Thomas J. Heise 6610 Wing Rd. Yorkville, IL 60560 05-03-200-010 Richard S. Dattoli 1511 Kathryn Ln. Lake Forest, IL 60045 05-03-300-003 Gary W. & Lelalu Maxwell 8710 Route 71 Yorkville, IL 60560 05-03-300-006 Walter & Kathleen Sullivan 8780 Route 126 Yorkville, IL 60560 3 . f Zoning Classification Requested: PUD (with uses to be allowed in PUD Agreement for B-3 Service Business District, O Office District, R-4 General Residence District for Assisted Living, R-2 age targeted housing. THAT PART OF THE WEST HALF OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00 L4'45" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, L284.36 FEET; THENCE SOUTH 89 050'00" WEST, 684.42 FEET THENCE NORTH 09 030'00" WEST, 592.27 FEET; THENCE SOUTH 57 033'55" WEST, 327.57 FEET TO THE EASTERLY LINE OF WING ROAD; THENCE NORTH 21 052'29" WEST, ALONG SAID EASTERLY LINE, 705.85 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71 FOR THE POINT OF BEGINNING; THENCE SOUTH 21052'29" EAST, ALONG SAID EASTERLY LINE, L19.0. FEET; THENCE NORTH 68 007'31" EAST, PERPENDICULAR TO SAID EASTERLY LINE, 211.0 FEET; THENCE NORTH 21 °52 '29 " WEST, PARALLEL WITH SAID EASTERLY LINE, 131 .87 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE SOUTHWESTERLY, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF 21139 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 0.6060 ACRE. THAT PART OF THE WEST HALF OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 3; THENCE SOUTH 00°14 '45 " EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, 1284.36 FEET, THENCE SOUTH 89°50 '00" WEST, 684.42 FEET; THENCE NORTH 09 030'00" WEST, 592.27 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 57°3355 " WEST, 327.57 FEET TO THE EASTERLY LINE OF WING ROAD; THENCE NORTH 21°52'29" WEST, ALONG SAID EASTERLY LINE, 586.85 FEET TO A POINT ON SAID EASTERLY LINE WHICH IS 119.0 FEET (MEASURED ALONG SAID EASTERLY LINE) SOUTHEASTERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71 ; THENCE NORTH 68°07'31" EAST, PERPENDICULAR TO SAID EASTERLY LINE, 211.0 FEET; THENCE NORTH 21°52'29" WEST, PARALLEL WITH SAID EASTERLY LINE, 131.87 FEET TO SAID SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY, ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE, BEING A CURVE TO THE LEFT WITH A RADIUS OF 11509.16 FEET, AN ARC DISTANCE OF 261.03 FEET TO A LINE DRAWN NORTH 09°30'00" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 09 030'00" EAST, ALONG SAID LINE, 695.72 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND CONTAINING 5.6041 ACRES. THAT PART OF THE NORTH 1/2 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE SOUTH 0 DEGREES, 07 MINUTES, 44 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4, 1284.36 FEET; THENCE NORTH 89 DEGREES, 47 MINUTES, 31 SECONDS WEST, 684.42 FEET; THENCE NORTH 09 DEGREES, 32 MINUTES, 39 SECONDS WEST, 590.03 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MATCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399; THENCE NORTH 09 DEGREES, 05 MINUTES, 46 SECONDS WEST, 748.40 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE TIC. 71; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11,459.20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES, 50 MINUTES, 30 SECONDS WEST AT THE LAST DESCRIBED POINT. 627.46; THENCE NORTH 60 DEGREES, 02 MINUTES, 30 SECONDS EAST ALONG SAID CENTER LINE, 332.0 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 12 DEGREES, 27 MINUTES, 30 SECONDS EAST, 264.0 FEET: THENCE SOUTH 84 DEGREES, 27 MINUTES, 30 SECONDS EAST, 202.0 FEET: THENCE NORTH 0 DEGREES, 47MINUTES, 30 SECONDS WEST, 423.02 FEET TO SAID CENTER LINE: THENCE SOUTH 60 DEGREESi 02 MINUTES, 30 SECONDS WEST ALONG CENTER LINE, 291.76 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. THAT PART OF THE NORTHEAST, NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1284.36 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680.30 FEET; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 10.0 FEET FOR A POINT OF BEGINNING; THENCE NORTH 09 DEGREES. 33 MINUTES 27 SECONDS WEST 579.63 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY A DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD BOOK 88 ON PAGE 399; THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID BOYD TRACT 748.57 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF I1, 459.20 FEET AND A RADIAL BEARING OF NORTH 26 DEGREES 49 MINUTES 16 SECONDS WEST AT THE LAST DESCRIBED POINT 627.46 FEET; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAIL) CENTER LINE 332.0 FEET; THENCE SOUTH 12 DEGREES 27 MINUTES 30 SECONDS EAST 264.0 FEET; THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST 202.0 FEET; THENCE NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST 423.02 FEET TO SAID CENTER LINE; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 412.69 FEET TO A LINE DRAWN NORTH 00 DEGREES 10 MINUTES 46 SECONDS EAST PARALLEL WITH TILE WEST LINE OF SAID NORTHEAST QUARTER, FROM A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER WHICH IS 598.62 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER: THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL LINE 880.56 FEET TO SAID SOUTH LINE; THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SAID SOUTH LINE 598.62 FEET TO SAID SOUTHWEST CORNER; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE 1275.36 FEET TO A LINE DRAWN SOUTH 89 DEGREES 40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS WEST 681 .94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH 0 DEGREES 08 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN OLD CLAIM LINE; THENCE NORTH 57 DEGREES 59 MINUTES 05 SECONDS EAST ALONG SAID OLD CLAIM LINE 299 .00 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 1 DEGREE 51 MINUTES 32 SECONDS WEST, 402.10 FEET; THENCE SOUTH 59 DEGREES 55 MINUTES., 25 SECONDS EAST, 256.51 FEET; THENCE NORTH 59 DEGREES 55 MINUTES 25 SECONDS EAST 355.65 FEET; THENCE NORTH 62 DEGREES 43 MINUTES 29 SECONDS EAST, 853.57 FEET; THENCE NORTH 33 DEGREES 24 MINUTES 40 SECONDS EAST,. 542.27 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2292 .01 FEET AND A RADIAL BEARING OF SOUTH 29 DEGREES 23 MINUTES 51 SECONDS WEST AT THE LAST DESCRIBED POINT, 358.41 FEET TO A POINT WHICH IS 151.00 FEET, AS MEASURED ALONG SAID CENTER LINE, SOUTHEASTERLY OF THE INTERSECTION OF SAID CENTER LINE AND SAID OLD CLAIM LINE; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 265 .70 FEET; THENCE SOUTH 73 DEGREES 54 MINUTES 28 SECONDS WEST, 102.86 FEET; THENCE SOUTH 84 DEGREES 11 MINUTES 54 SECONDS WEST, 280.96 FEET; THENCE NORTH 32 DEGREES 00 MINUTES 55 SECONDS WEST, 24.19 FEET TO SAID OLD CLAIM LIRE; THENCE SOUTH 87 DEGREES 59 MINUTES 05 SECONDS WEST ALONG SAID OLD CLAIM LINE 789.92 FEET TO THE POINT OP BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. A PERPETUAL EASEMENT FOR THE OPERATION, MAINTENANCE AND USE OF A SEPTIC FIELD FOR THE BENEFIT OF PARCEL ONE HEREINABOVE DESCRIBED, UNDER AND UPON THE FOLLOWING DESCRIBED PARCEL OF REAL ESTATE CONTIGUOUS TO PARCEL ONE TO WIT: COMMENCING AT THE MOST NORTHERLY CORNER OF PARCEL ONE HEREINABOVE DESCRIBED ON THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 47. 12 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NUMBER 126, FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 105.0 FEET; THENCE NORTH 32 DEGREES 08 MINUTES 38 SECONDS WEST, 152.18 FEET; THENCE SOUTH 76 DEGREES 09 MINUTES 49 SECONDS EAST, 5.28 PEEP; THENCE SOUTH 70 DEGREES 39 MINUTES 49 SECONDS EAST, 158.65 FEET, TO THE POINT OP BEGINNING IN KENDALL TOWNSHIP, ALL IN KENDALL COUNTY ILLINOIS. THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN OLD CLAIM LINE; THENCE NORTHERLY ALONG SAD WEST LINE, 1118.27 FEET A POINT OF BEGINNING THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 228.53 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 178 DEGREES II MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 112.67 FEET TO A LINE DRAWN PARALLEL WITH AND 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINE; THENCE SOUTHERLY ALONG SAIL) PARALLEL LINE, 717.44 FEET TO SAID CLAIM LINE; THENCE NORTHEASTERLY ALONG SAD CLAIM LINE, 941.92 FEET TO A POINT ON A LINE DRAWN SOUTHWESTERLY, PERPENDICULAR TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 126 FROM A POINT ON SAID CENTER LINE WHICH IS 1049.70 FEET, AS MEASURED ALONG SAID CENTER LINE, SOUTHEASTERLY OF THE INTERSECTION OF SAD CENTER LINE WITH THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTHEASTERLY TO SAID POINT ON SAID CENTER LINE OF ILLINOIS ROUTE 126 AFORESAID; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE AND TO SAID ROUTE 71 CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID ROUTE 71 CENTER LINE, 30.58 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 78.83 FEET, TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT HE SOUTHWEST CORN R OF SAID SECTION. 3; THENCE NORTH 00 DEGREES 00 MINUTES 38 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 1925.21 FEET ON THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 89 DEGREES 59 MINUTES 22 SECONDS EAST 58.55 FEET TO THE EXISTING SOUTHEASTERLY RIGHT OF WAY LINE-OF A.F.A.P. ROUTE 311 (IL ROUTE 71) AND THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 35.28 FEET ON SAID SOUTHEASTERLY RIGHT OF WAY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 66 (IL ROUTE 126); THENCE SOUTH 70 DEGREES 08 MINUTES 35 SECONDS EAST 125.66 FEET ON SAID SOUTHERLY RIGHT OF WAY LINE; THENCE NORTH 81 DEGREES 09 MINUTES 04 SECONDS WEST 51.85 FEET; THENCE NORTH 76 DEGREES 30 MINUTES 40 SECONDS WEST 103.47 FEET TO THE POINT OF BEGINNING), IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWESTI/4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN OLD CLAIM LINE FOR A POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WEST LINE, 1118.27 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AND ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURE) COUNTERCLOCKWISE THEREFROM, 228.53 FEET, THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 178 DEGREES 11 MINUTES 35 SECONDS WITH TILE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 112.67 FEET TO A LINE DRAWN PARALLEL WITH AN) 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINE; THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 717.44 FEET TO SAID CLAIM LINE; THENCE SOUTHWESTERLY ALONG SAID CLAIM LINE, 188.42 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL. MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE NORTHEASTERLY ALONG THE SAID CENTER LINE OF ILLINOIS ROUTE 71, 1411.3 FEET TO THE CENTER LINE EXTENDED NORTHWESTERLY OF THE PUBLIC ROAD RUNNING SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71, COMMONLY KNOWN AS WING ROAD; THENCE SOUTHEASTERLY ALONG TILE EXTENDED CENTER LINE AND THE CENTER LINE OF SAID PUBLIC ROAD, BEING ALONG ALINE THAT FORMS AN ANGLE OF 93 DEGREES 25' TO THE RIGHT WITH THE PROLONGATION NORTHEASTERLY OF THE TANGENT TO THE CENTER LINE OF SAID ILLINOIS ROUTE 71 AT THE LAST DESCRIBED POINT, 761 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 79 DEGREES 4T TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 265.6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 126; THENCE SOUTHEASTERLY ALONG SAID CENTER LINT OF ILLINOIS ROUTE 126 TO THE CENTER LINE OF THE EASTERLY FORK OF THE PUBLIC ROAD AFORESAID WHICH RUNS SOUTHEASTERLY FROM SAID ILLINOIS ROUTE 71 ; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD TO THE POINT OF BEGINNING; TO THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. GRANTEE HEREBY ASSUMES AND AGREES TO PAY THE UNPAID BALANCE ON THE EXISTING MORTGAGE RECORDED IN BOOK PACE , THE DEBT SECURED THEREBY AND ALSO HEREBY ASSUMES -THE OBLIGATIONS UNDER THE TERN OF THE INSTRUMENTS CREATING THE LOANS DOCUMENT NO. 79-1053. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE - NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG-THE WEST LINE OF SAID SOUTHWEST QUARTER, - 1 ,995.75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID CENTER LINE 30.45 FEET TO THE POINT OF INTERSECTION OF SAID CENTER LINE WITH CENTER LINE OF ILLINOIS STATE ROUTE NO. 126 FOR THE POINT OF BEGINNING; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE 230.67 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO-THE. LEFT HAVING A RADIUS OF 11,459.20 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT AT THE LAST DESCRIPTION POINT, 1,141 .60 FEET TO THE INTERSECTION WITH THE- CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD; THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE 761.0 FEET: THENCE SOUTH 58 DEGREES 16 MINUTES 47 SECONDS WEST 265.35 FEET TO SAID ROUTE 126 CENTER LINE; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE BEING ALONG A CURVE TO THE LEFT AND HAVING A RADIUS OF 2,292.01 FEET WHICH IS TANGENT TO A LINE DRAWN NORTH 72 DEGREES 57 MINUTES 06 SECONDS WEST FROM THE LAST DESCRIBED POINT 147.93 FEET; THENCE NORTH 16 DEGREES 38 MINUTES 49 SECONDS WEST ALONG SAID ROUTE 126 CENTERLINE 850.98 FEET; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTERLINE BEING ALONG A CURVE TO THE RIGHT AND HAVING A RADIUS OF 2,148.79 FEET WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT, 383.53 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36- NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING ATTHE-SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG -THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE 261.12 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 155459.20 FEET WHICH IS TANGENT TO THE LAST-DESCRIBED COURSE 1141 .60 FEET TO THE INTERSECTION-WITH THE CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD FOR THE POINT OF BEGINNING(THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE 258.05 FEET; THENCE SOUTH 58 DEGREES 29 MINUTES 47 SECONDS WEST 200.0 FEET; THENCE NORTH 21 DEGREES 30 MINUTES 13 SECONDS WEST PARALLEL WITH SAID WING ROAD CENTER LINE 250.0 FEET TO SAID ROUTE 71 CENTER LINE; THENCE NORTHEASTERLY ALONG SAID ROUTE71 CENTER LINE 200.16 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, (ILLINOIS, AND ALSO EXCEPTING, THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 IN TOWNSHIP 38 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83): COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 3; THENCE NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST, 1,995.04 FEET ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 71 ; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 31.52 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNINGTROM THE POINT OF BEGINNING; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 230.66 FEET ALONG SAID CENTERLINE; THENCE NORTHEASTERLY, 940.56 FEET ALONG AN 11 ,479.02 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 67 DEGREES 34 MINUTES 29 SECONDS EAST, 940.31 FEET; THENCE SOUTH 22 DEGREES 56 MINUTES 31 SECONDS EAST, 60.03 FEET, THENCE SOUTHWESTERLY, 418.10 FEET ON AN 11,539.02 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 66 DEGREES 16 MINUTES 29 SECONDS WEST, 418,08 FEET; THENCE SOUTH 59 DEGREES 24 MINUTES 09 SECONDS WEST, 71.10 FEET; THENCE SOUTH 25 DEGREES 14 MINUTES 24 SECONDS WEST, 60.52 FEET; THENCE SOUTHEASTERLY, 570.87. FEET ON AN 675.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 55 DEGREES 22 MINUTES 46 SECONDS EAST, 560.80 FEET; THENCE SOUTH 74 DEGREES 04 MINUTES 13 SECONDS EAST. 274.41 FEET; THENCE SOUTH 64 DEGREES 05 MINUTES 29 SECONDS EAST, 35.85 FEET; THENCE SOUTH 55 DEGREES 49 MINUTES 00-SECONDS WEST, 64.56 FEET TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 126; THENCE NORTHWESTERLY, 162.08 FEET ON SAID CENTERLINE BEING A 2,29L.64 FOOT RADIUS CURVE TO TILE LEFT HAVING A CHORD BEARING NORTH 76 DEGREES 16 MINUTES 12 SECONDS WEST, 162.05 FEET; THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST, 357.37 FEET ON SAID CENTERLINE; THENCE NORTH 53 DEGREES 52 MINUTES 46 SECONDS WEST, 96.76 FEET TO THE EXISTING NORTHERLY RIGHT OF WAY LINE OF IL 126; THENCE NORTHWESTERLY, 297.03 FEET ON A 990.00 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 45 DEGREES 17 MINUTES 03 SECONDS WEST, 295.92 FEET; THENCE NORTH 36 DEGREES 39 MINUTES 21 SECONDS WEST, 23.77 FEET; THENCE NORTH 77 DEGREES 19 MINUTES 36 SECONDS WEST, 64.74 FEET; THENCE SOUTH 69 DEGREES 03 MINUTES 36 SECONDS WEST, 100,61 FEET; THENCE SOUTH 69 DEGREES 55 MINUTES 52 SECONDS WEST, 149.98 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID IL 71; THENCE SOUTH 65 DEGREES 32 MINUTES 40 SECONDS WEST, 113.94 FEET TO THE CENTERLINE OF SAID IL 126; THENCE NORTHWESTERLY, 119.55 FEET ON SAID CENTERLINE BEING A 2,170.59 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 20 MINUTES 17 SECONDS WEST, 119.54 FEET TO THE POINT OF BEGINNING. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 07'44°EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1236.84 FEET TO A POINT ON SAID EAST LINE WHICH IS 1284.36 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 89°47'31" WEST, 684.42 FEET; THENCE NORTH 09 032'39" WEST, 590.03 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD 88 ON PAGE 399, FOR THE POINT OF BEGINNING; THENCE SOUTH 57 05856" WEST ALONG THE SOUTHERLY LINE OF SAID BOYD TRACT AND SAID SOUTHERLY LINE EXTENDED 352.89 FEET TO THE CENTER LINE OF WING ROAD; THENCE SOUTH 21029'35" EAST ALONG SAID CENTERLINE 131.00 FEET; THENCE NORTH 5705856" EAST PARALLEL WITH SAID SOUTHERLY LINE 323.58 FEET TO A POINT WHICH IS SOUTH 09032'39" EAST, 139.37 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 09032'39" WEST, 139.37 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995.6 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 7L; THENCE EASTERLY ALONG SAID CENTER LINE 32.2 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 126; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE OF ILLINOIS ROUTE 126, 1049.7 FEET FOR THE POINT, OF BEGINNING; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO SAID CENTER LINE, 339.9 FEET TO AN OLD CLAIM LINE; THENCE NORTHEASTERLY ALONG SAID OLD CLAIM LINE WHICH MAKES AN ANGLE OF 44'21' (MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE) 468.6 FEET TO THE CENTER LINE OF SAID ILLINOIS ROUTE 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 328.1 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. EXCEPT THEREFROM THE BELOW DESCRIBED PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM EAST ZONE (NAD83): COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST, 1,995.04 FEET ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 TO THE `CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 71 ; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 31.52 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 126; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, 399.15 FEET ALONG A 2,170.59 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING OF SOUTH 73 DEGREES 01 MINUTE 41 SECONDS EAST, 398.58 FEET THENCE SOUTH 78 DEGREES 17 MINUTES 46 SECONDS EAST, 649.36 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. FROM THE POINT OF BEGINNING, THENCE SOUTH 78' DEGREES 17 MINUTES 46 SECONDS EAST, 172.16 FEET ALONG SAID CENTERLINE; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, 162.08 FEET ALONG A 2,291,64 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING OF SOUTH 76 DEGREES 16 MINUTES 12 SECONDS EAST, 162.05 FEET; THENCE SOUTH 56 DEGREES 32 MINUTES 11 SECONDS WEST, 65.63 FEET; THENCE NORTH 74 DEGREES 04 MINUTES 13 SECONDS WEST, 5.13 FEET; THENCE NORTH 65 DEGREES 29 MINUTES 14 SECONDS WEST, 50.57 FEET, TO THE SOUTHERLY RIGHT OF WAY LINE OF IL 126; THENCE NORTHWESTERLY, 61.11 FEET ON SAID RIGHT OF WAY LINE BEING ON A 2,251 .64 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING OF NORTH 77 DEGREES 31 MINUTES 09 SECONDS WEST, 61.11 FEET; THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST, 172.27 FEET ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH I I DEGREES 52 MINUTES 19 SECONDS EAST, 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.297 ACRE MORE OR LESS, OF WHICH 0.290 ACRE, MORE OR LESS, IS LYING WITHIN PUBLIC ROAD RIGHT OF WAY, SITUATED IN THE COUNTY OF KENDALL AND STATE OF ILLINOIS, HEREBY RELEASING AND WAVING ALL RIGHTS UNDER AND BY VIRTUE OF THE HOMESTEAD EXEMPTION LAWS OF THE STATE. March 14, 2008 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE WINDMILL FARM$ Deleted: HATTNERFA LY TRUST (Northeast and Southeast corner of the intersection of Illinois State Routes 126 and 71a __________________ -=' Deieeed: Hssaside ofRourea7 (JAKE LAND GROUP, LLC) THIS AGREEMENT is made and entered into this _ day of , 2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as °CITY")„and the -- Deleted: JAKE LAKE GROUP. LLC. of the County of Kendall, State of Illinois (hereinafter referred to as_ ------ Deleted: uATr MFAMILY TRUST "OWNER/DEVELOPER'), which is the OWNER/DEVELOPER of the real property hereinafter referred to as the "PROPERTY": WITNESSETH WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject matter of said Agreement comprising approximatelya .3§Aues, more or less, and is more Deleted: 79.88 particularly described in the attached Exhibit "A", which is incorporated herein by reference; and WHEREAS, a Dortion of the subject territory is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other 1 municipality;,and- portion of the PROPERTY has deviously been annexed to the CITY and _- -- Deleted: zoned B-3 Service Business District; and WHEREAS, OWNER/DEVELOPER desires to annex into the CITY the PROPERTY described in the attached Exhibit "A" and depicted in the Annexation Plat which is attached hereto and incorporated herein as Exhibit `B" The CITY Plan Commission has considered the Petition to Annex and Zone and positively recommended the same, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER and with the approval of the CITY; and WHEREAS, the C[TY has ageed to allow Flex Zoning_permittingthe realproperty_________.:- Deleted: p described in the attached Exhibit "C" to be zoned for B Service usiness District as toll _ ____. Deleted: 2 Deleted: General minimum.Df thirty-five135� acres located_�n the East Parcel as depicted on the Preliminarv_______t, Deleted: maximmn Deleted: twenty eight Conceptual PUD Plan prepared by Schoppe Design Associates Inc and dated Revision 16, Deleted: 2R Deleted: immediately contiguous to the east side of January 30 2008; and has agreed to allow Flex Zoning permitting the real property described in the righbot-way of Illinois State Route 4] as it exists on the date of CITY execution of this Annexation/Planned Unit Development Agreement the attached Exhibit "C" to be zoned B-3 Service Business District for twenty-one (21) acres located on the West Parcel; and has agreed to allow Flex Zoning permitting the real property described in Exhibit "D" to be zoned R-4 General Residence District as to a maximum of two12) __. Deleted: foueeen Deleted: 14 acres located on the West Parcel permitting that area to be developed with age restricted fifty_-five__,_ . Deleted: immediately east of and eentigaens m the B-2 General Business District Parcel (55) and over single story town homes; and the area located south of the B-3 and immediately east of the age restricted area having to be developed with a multi-story assisted living facility consisting of approximately three and one-half (3 1/2) acres with a minimum of ninety-nine (99) assisted living units allowed on the West Parcel as depicted on the Schoppe Design Associates, Deleted: and has agreed to allow Flex zoning permitting the real property described in the allached Exhibit "E" to be zoned for R-2 One Family Inc Preliminary PLO Plan (Exhibit "E")' rid Residence District parcels, utinn event adjacent +f1_______--___---_--------------------------------------------- to the above dtrict immediately Parcels, exactly and alto exceed sixty five (65) acres of the real property; 2 WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner, and WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have held a Public Hearing with the Plan Commission, and The City Council, ,prior to_the execution hereof,�iplypublished and held a-public hearipg-was held to consid__e_r__t_h_i_s Deleted: _. ---- - - Deleted: Agreement in front of the City Council, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51 . 1-5 (2006), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have4_ en all further action required by tbe--------------------- ____--_-----_.-- Deleted: provisions of 65 ILCS 5/11-15.1.3 (2006) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation/Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15. 1-1 through 65 ILCS 5111-15. 1-5 (2006), as amended, as follows: Deleted: I —3— 1 . A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance annexing to the City all of the real property described herein in the attached Exhibit "A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit "A" subject to the further terms of this Agreement as follows: (i,L,The real-property described in_Exhibit "C" is_hereby zoned as B-3 v= ;—MDeleted: 2 ek: 0.5", Hanging: 0.5" Service Business District and that the real property be allowed to be used for all of the uses allowed in that classificati on. (ii,),The real property described in Exhibit "D" is hereby zoned as R-4 = Deleted: . Deleted: General Residence District and that the real property be allowed to be used for all of the uses allowed in that classification. OWNER/DEVELOPER shall develo the subject roe in terms Of LE . me real o descd6ed In Exhibit a"---__-_----__._-_____-_-----__- -_.------_- zoned as R-z one Family District and roperty be allowed to be used for all of reservation of open space, protection of�verQ gn tree line on the west boundary of the West ed in that classification. ¶ : Font: Times New Roman Parce and installation_of a trail system_detention facilities and hiehwav access cuts in general __ '� Formatted: Normal, Indent. Left: 0", First line: 0.5", Tab stops: 0', Left + 0.5", Left + conformity with the Preliminary PUD ConcentudX an dated �ianuary 30, 2008_ which was------------ 1", Left + 1.5", Left z", Left 2.5", Left + 3", Left + 3.51", Lek + 4.01", Lek + 4.51", : p;, U Left + 5.01", Lek + 5.51", Lek + 6.01", Lek prepared by Scboppe Design Associates 1, nc. and which is attached hereto and incorporated by y + Not at -r' Deleted: the creek corridor In outh boundary reference as Exhibit "Z-------------------------------------------------- -_---_--_--___-___ " t gj,, Formatted: Font Times man Deleted: property C. OWNER/DEVELOPER shall be responsible for providing landscaping, in l,'t '• ',,;'' Formatted: Font: Times man Formatted: Font: Times man conformance with CITY standards along all perimeter boundaries of the subject property. No Deleted: Planned u:dt nev Preliminary ;ll Formatted: Font: Times man permanent trees covering utilities shall be planted on the right-of-way adjacent to the subject real Deleted: piopertyt Formatted: Font: Times man Formatted: Font: Times man Deleted: F Formatted: Font: Times man Formatted: Indent: Left: , st line: 0.5" Deleted: ¶ —4— ,p........OWNER/DEVELOPER_shall_establish thel andscape buffer along Illinois___, Deleted: ---e t iState Routes126 and 71 behind the proposed Right-of Way expansion linof he llinos Deleted: 47 Department of Transportation. E�_OWNER/DEVELOPER agrees that in all respects, the subject---------------- - —- Deleted: Formatted: Indent: Left: 0", First line: 0.5", PROPERTY shall be developed�in conformance with the terms and conditions of the Yorkville Tab stops: D", Left ------- Deleted: Zoning Ordinance, Subdivision Control Ordinance, Stormwater, and all other applicable Ordinances. 2. OWNER/DEVELOPER, and successors, heirs, and assigns hereby agree that prior to development taking place on the PROPERTY, a site development plan shall be submitted along with approval of Preliminary Plat of Subdivision and Preliminary Engineering as well as Final Plats of Subdivision and Final Engineering prior to OWNER/DEVELOPER commencing construction on said PROPERTY. 3. CITY'S AGREEMENTS. A. (i) The CITY agrees that as to any of the non-residential use and zoning classification of said parcel, OWNER/DEVELOPER has no obligation to pay School Transition Fees or School-Park Land-Cash Fees. Deleted: D (ii) In the event the parcel of real property as described in Exhibit 'V....... Deleted: and/or the parcel designated B-2 General Business District as to a maximum of twenty eight (28) acres located immediately contiguous to the east is developed consistent with the R-4 General Residence District as to age side of the right f-way of Illinois State Route 47 as it exists on the date of CITY execution of this AnnexationtPlarmed Unit Development Agreement restricted fifty-five (55) and over housing, and with assisted living, no School and has agreed to allow Flex Zoning permitting the real property described in Exhibit"D"to be zoned R- 4 General Residence District as to a maximum of Transition Fees shall be charged since no students are generated for the school fomeea(14) awes Iccauslimmediately east ofand contiguous to the B-2 General Business District Parcel; and has agreed to allow Flex Zoning system. TheAWNER/DEVELOPERshallpayLand-Cash Fees for schools and renaming the real propemdescribed inmeattaehed -____--__-___----___-------- -- -------------------------_—_-__--and----. Exhibit "E"to be zoned for R-? One Family Residence District immediately easterly and adjacent parks at the time of Building Permit Application for all active adult age restricted to the above described parcels, but in no event to exceed sixty five (65) awes of the real property Flex Zoning provisions contained herein, the —5— and assisted living facilities. For each respective dwelling unit all other fees currently in existence at the date of this Agreement by the CITY, or any effected District of local government shall be charged and paid likewise at the time of application for each respective building permit. B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the City Water and Sanitary Sewer System at the time of improving the subject property, and shall be responsible for the cost of main extensions to the PROPERTY if said mains do not touch the PROPERTY. C. Upon annexation to the CITY, the OWNERIDEVELOPER will receive police protection, 911 service, Water, Sanitary Sewer, and all services as provided by CITY to its property owners and residents. D. The CITY willrequire the OWNER/DEVELOPER to annex to Yorkville Deleted: Bristol Sanitary District prior to the time of applying for a building permit seeking to hook up to the Sanitary District and the CITY Sanitary Sewer System. E. CITY will Permit an Economic Incentive Agreement to be requested by OWNER/DEVELOPER for the benefit of the parcel zoned B-2 General Business District as to any portion of the off-site, signalization on-site or collector costs, stormwater detention costs, Route 47 tapper or right-of-way improvements, pursuant to such an Agreement out of % of any Sales Tax Receipts from users on the subject site inconformity with the United City of Yorkville Commercial Incentive Policy in existence at the date of this Agreement. F CITY will use its best efforts to support issuance of a highway access permit by IDOT to the CITY and OWNER/DEVELOPER permitting access cuts onto Illinois —6— State Routes 126 and 71 at the locations shown on the Preliminary PUD Conceptual Plan as prepared by Shoppe Design Associates Inc and dated January 30, 2008 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER/DEVELOPER and its successors and assigns shall have the right to sell transfer, mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts, partnerships, firms, or corporations, for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNEPUDEVELOPER under this Agreement and upon such - transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 5. TIME OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 6. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and —7— is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said city, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 8. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Kathryn Field Orr 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Jake Land Group, LLC.................. ------ Formatted: Indent: Left: 0", First line: 0" c/o 25615 Plantation Rd. Deleted: A=e a Hamer¶ Plainfield IL 60544 12924 E. 2400°St¶ A wm, IL 61234 With a cony to: Tony Perino 608 Lookery Ln. Joliet IL 60431 And With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 9. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 10. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of 2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: City Clerk _g_ OWNER/DEVELOPER: JAKE LAND GROUP, LLG — Deleted: HAMER TRUST i Deleted: By: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1109A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —10— EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Annexation Plat Exhibit "C" B- Service usmess Dlstnct --------_ _ - Deleted: , Delete& General Exhibit "D" R-4 General Residence District Exhibit "E" $choppe Design Associates_ Inc. ____ _ _-,-- Deleted: R-_ One Family Residenceq -- --- - ------ - ------'- Preliminary PUD Qoncektual Plan dated January 30, 2008. Eaniml „e , Deleted: Plan .------------------------.----------------- --------------- ------ --------------------------- Deleted: : -� Deleted: q q q 9 11 —11— 2`�ED Cl Reviewed By: Agenda Item Number J u T Legal ❑ EST 1 �� 1836 Finance ❑ Engineer ❑ Tracking Number I City Administrator�� W F1 Consultant El❑ EDC 2008-08 <ke ��'�• Agenda Item Summary Memo Title: Legal Fees for Annexation Policy Meeting and Date: City Council—March 25, 2008 Synopsis: Policy for legal fees associated with annexations and/or annexation agreement preparation when the City funds these services. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: The attached policy was discussed and prepared by the Economic Development Committee in February and March 2008. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION APPROVING A LEGAL FEES FOR ANNEXATION POLICY WHEREAS, the City Council of the United City of Yorkville has considered and discussed establishing a policy concerning a Legal Fee For Annexation policy, and WHEREAS, the City Council has determined that it desires to establish such a policy, and WHEREAS, the text of the policy the City Council now desires to establish concerning a Legal Fee For Annexation Policy is set forth on the attached Exhibit "A" which is incorporated herein, and NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville that the Legal Fee For Annexation Policy in the form set forth on Exhibit "A" attached hereto and incorporated herein is hereby approved Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR United City of Yorkville Legal Fees for Annexations Policy Purpose: To provide guidelines to be followed when determining if City funds are appropriate to be expended for attorney fees for the preparation of annexation documents and/ or annexation agreements. Legal Fee for Annexation Policy Guidelines: 1 . The City Council must approve expenditures related to any legal fees the City is obligated to fund by the agreement; 2. It must be demonstrated that the territory being annexed has an economic or civic benefit to the City; 3 . The amount of legal fees to be expended should be in proportion to the economic or civic benefit demonstrated above; ®0�O® C/pf Reviewed By: Agenda Item Number A� J� 0 Legal ❑ � Finance ❑ EST. 1836 �� Engineer ❑ Tracking Number City Administrator ❑ a� �O Consultant ❑ ADM 2008- 16 Agenda Item Summary Memo Title: Monthly Treasurer's Report for January 2008 Meeting and Date: City Council — March 25, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Jennifer Milewski Finance Name Department Agenda Item Notes: United City of Yorkville Kendall County, IL Monthly Treasurer's Report Pre Audit Financial Summary As of January 31, 2008 FY FY Beginning January January Ending FYTD Budgeted FYTD Budgeted Fund Balance Revenues Expenses Balance Revenues Revenue Expenses Expenses 01 General 3,758,200 609,157 1,160,751 3,206,607 9,404,478 17,509,107 11,310,341 17,506,011 15 Motor Fuel Tax 524,431 43,660 32,148 535,943 246,520 677,000 189,870 677,000 16 Municipal Building (361,977) 1,450 - 77,156 (437,683) 82,300 305,705 243,876 305,705 20 PD Capital 216,083 1,736 (3,277) 221,096 92,867 246,950 101,145 246,950 21 PW Capital 766,160 3,700 - 769,860 274,366 632,916 24,850 632,916 22 Parks & Rec Equip Capital 77,568 - - 77,568 38,000 161,500 66,635 161,500 37 Sanitary Sewer Improvement 5440,445 47,034 340,146 5,147,332 815,245 7,105,270 11055,436 7,105,270 41 Water Improvement Exp (657,725) 64,941 420,447 (1,013,231) 1,581,067 3,844,410 11121,923 3,844,410 42 Debt Service (730,664) 570,891 186,268 (346,041) 2,336,740 2,752,259 2,582,215 2,752,259 51 Water 507,727 22,294 147,519 382,501 1,510,572 1,676,000 11128,071 1,676,000 52 Sewer 427,644 8,576 36,512 399,707 619,352 671,000 219,645 671,000 72 Land Cash (468,374) 12,626 18,197 (473,945) 213,492 910,982 436,154 910,982 73 Land Acquisition - - 2,153 (2,153) - 50,000 52,153 50,000 79 Parks & Recreation 86,672 117,481 111,979 92,175 1,265,089 1,668,513 1,228,054 1,668,513 82 Library 672,738 46,449 183,275 535,912 1,698,484 1,547,019 1,872,221 1,596,203 85 Fox Industrial 181,872 692 - 182,563 173,204 237,653 78,194 237,653 87 Countryside TIF Project 2,856,653 10,993 108 2,867,538 92,603 2,998,090 144,191 2,998,090 88 Downtown TIF 28,693 66 36 28,723 34,760 26,059 6,037 26,059 95 Trust & Agency 1,085,912 (31,324) 967,258.65 87,329 2,322,259 - 21234,929 - Totals 14,412,058 1,530,421 3,680,678 12,261,801 22,801,398 43,020,433 24,095,939 43,066,521 Note: Revenue defict to he offset with fund balance. As Treasurer of the United City of Yorkville, I hereby attest, to the best of my knowledge, that the information contained in this Treasurer's Report is accurate as of the date detailed herein. Full detail information is available in the Finance Department William Powell, Treasurer Fund Balance Reserve General Fund 22.23% Water Op 22.82% Sewer Maintenance 59.57% Combined Fund Balance 24.00% Prepared by: Jennifer Milewski-Sr Accounting Clerk C/T� Reviewed By: Agenda Item Number J� ," 0 1.0 Legal ❑ C lt3 esr. � 1836 Finance ❑ Engineer ❑ Tracking Number 40 City Administrator ❑ Consultant ❑ ADM 2008-20 ❑ Agenda Item Summary Memo Title: Kendall County Courthouse—Waiver of Building Permit Fees Request Meeting and Date: City Council—March 25, 2008 Synopsis: At the March 13th Administration Committee meeting, the committee voted to recommend approval of a fee reduction of 25% for building permit fees and for water and sewer connection fees. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approve 25% fee reduction for Kendall County Courthouse expansion. Submitted by: Brendan McLaughlin Administration Name Department Agenda Item Notes: Memorandum To: Administration Committee EST. ` :.. 1336 From: Brendan McLaughlin, City Administrator 0 , y Date: March 4, 2008 9 p` Subject: Kendall County Courthouse Waiver of Building Permit Fees Request �t.E ��• Purpose: To present a request from James K. Smiley, Facilities Management Director of Kendall County, for a reduction in building permit-related fees for Kendall County's courthouse expansion project. Context: A building permit for an office building consists (mainly) of three fees: building permit fee, water connection fee, and sewer connection fee. Building permit fees are calculated based on square footage of the building. Different formulas are used for the 117,768 square foot of new building construction and the 51 ,790 of remodeling to the existing building. The permit fees for those two calculations are $24,304 for the new construction and $5,679 for the remodeling. The City is contractually obligated to pay ICCI, the City's contracted plan reviewer, 75% of the fee and 25% is kept in the general fund to pay for Community Development staff time and overhead. Water connection fees are calculated based on the size of the water line connecting the entire building. In this case, the water line is big enough that our ordinance requires the City to calculate the actual cost of the water connection and charge that cost as the fee. This cost is likely to be near $ 14,000. Sewer connection fees are calculated based on the number of fixtures (i.e. toilets, drinking fountains, etc.) in the entire building. Our sewer connection fee ordinance contains a formula for calculating the fee; number of drain units multiplied by $400. This fee is likely to be near $20,000. Code Official Bill Dettmer has compiled the attached list of permits that the City has waived in the past. The City has typically waived permit fees on ancillary structures, inspections, and projects (roof repair, sprinklers, fences, foundation, etc). Additionally, the Yorkville-Bristol Sanitary District has a standing policy of waiving 50% of their sewer connection fees for governmental entities. Other factors: The Council may want to take into consideration that by reducing City fees, Yorkville residents will be taking on a disproportionate share of the cost of this county-wide facility. More specifically, Kendall County's EAV in 2007 was over $3 . 1 billion, while Yorkville's is $0.53 billion. A second factor the City Council may want to consider is bike paths adjacent to Veteran' s Parkway. The Parks and Recreation department's recent program and facilities survey showed that bike paths were one of the most desired facilities in the City. The City Council reinforced this by making bike paths one of the top goals in 2008. City bike path plans call for a bike path to be put on the south side of Veteran's Parkway adjacent to the Kendall County property. Preliminary discussions between staff at the City and County have yielded a general reluctance of the County to place a bike path between the courthouse and Route 34 because of alleged security concerns. A third factor which the City Council may want to consider is "good will". The City and the County work cooperatively on many issues throughout the year including law enforcement, road construction and maintenance, and forest preserve/parks and recreation. The City and the County are currently working on the Shared Use Agreement, which will spell out how the City will implement the active use area within Hoover. The relationship between the two entities would benefit from further cooperation in the construction of the courthouse expansion. City Administrator's Recommendation In the spirit of intergovernmental cooperation, it is recommended that the City Council consider a reduction of. 25% of the building permit fee (City's portion) o $6,076 credit for the new construction permit o $ 1 ,419 credit for the remodeling permit 25% credit for water connection fees (projected value $3,500) 25% credit for sewer connection fees (projected value $5,000) Total projected value - $ 11 ,995 KENDALL COUNTY 1NECO,JtiTloyA "OALL Facilities Management ` I 804 W. John Street FEARIiARy 19 t8t Suite B Yorkville, Illinois 60560 (630) 553-4102 FAX (630) 553-4125 February 21 , 2008 Mr. Brendan McLaughlin City Administrator United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Mr. McLaughlin, Kendall County has applied for plan review for the expansion of the Kendall County Courthouse at 807 W. John St. , Yorkville, IL. The project is currently being bid out by The Gilbane Building Company. We anticipate permit applications to be applied for in the near future. Construction is planned to start on or about April 16, 2008. Kendall County respectfully asks that the United City of Yorkville grants Kendall County a reduction in the fees associated with utility connection and United City of Yorkville building inspections that are normally assessed for building projects. Please make this an agenda for the United City of Yorkville Public Works and City Council meeting as soon as possible. Thanks for your help and consideration in advance. If we need to talk or attend any of the United City of Yorkville committee or council meetings to answer questions or discuss this request, please feel free to contact me at your earliest convenience. w ames K. Smiley Facilities Management Director Cc: Jeff Wilkins Kendall County Administrator United City of Yorkville Memo 800 Game Farm Road esr 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 y Fax: 630-553 -7575 <LE NN; Department of Building Safety And Zoning Date: March 4, 2008 To: Bart Olson, Assistant City inistrator From: William A. De ode Official Subject: Waived Permit Fees Per your request, please find attached a list of the permits in which fees have been waived. As you will note, the majority of these were for City of Yorkville projects. Should you need any additional information, please contact me. Waived Fees Permits Date Applicant Address Purpose of Permit 12/12/07 Yorkville Public Library 902 Game Farm Rd. Siding 06/11 /07 Yorkville Bristol Sanitary Dist. 304 River St. Roof & Repair 04/17/07 City of Yorkville 456 Kennedy Rd. Electric Service 12/29/06 Larry Savage for the City of Yorkville 908 Game Faun Rd. Roof 11/03/06 City of Yorkville 201 W. Hydraulic Remodel 11/20/06 City of Yorkville 201 W. Hydraulic Remodel 08/25/06 Nelson Fire for the City of Yorkville 902 Game Farm Rd. Fire Sprinklers 07/20/06 Veme Henne for the City of Yorkville 301 E. Hydraulic St. Remodel 05/31/06 Yorkville Bristol Sanitary Dist. 304 River St. Fence 10/18/05 Whittaker Construction for City of 610 Tower Lane Well Yorkville 10/19/05 City of Yorkville Bruell Street Lift Station 10/27/05 Yorkville Public Library 902 Game Farm Rd. Addition 10/28/05 City of Yorkville 908 Game Farm Rd. Elec Upgrade 06/28/05 Moser Electric for City of Yorkville 1975 N. Bridge St. Electric 05/16/05 City of Yorkville W. Cannonball Trail Electric 04/07/05 Bristol Kendall Fire Dept. 2101 McHugh Rd. Footing/Foundation 03/11/05 Bristol Kendall Fire Dept. 2101 McHugh Rd. Temporary Sign 03/08/05 City of Yorkville 101 Bruell Street Lift Station 03/28/05 City of Yorkville John & Sycamore Fence 03/31/05 Bristol Kendall Fire Dept. 2101 McHugh Rd. Sign 01/26/05 City of Yorkville 1991 Cannonball Trail PRV Station 01/26/05 City of Yorkville 2009 S. Bridge St. PRV Station 09/13/04 City of Yorkville 307 Hydraulic St. Fence 09/17/04 Concord Homes for City of Yorkville 1107 Prairie Crossing Dr. Lift Station 09/21/04 City of Yorkville John & Sycamore St. Fence 08/03/04 City of Yorkville 545 Poplar Street Shed 08/06/04 City of Yorkville 108 N. Lightfoot Rd. Play Equp. 08/12/04 Kendall County 807 W. John St. Parking Lot 06/03/04 City of Yorkville 2702 Mill Road Well #8 — Fire Alarm 05/06/04 City of Yorkville 800 Game Farm Rd. Conduit 05/0704 Yorkville Bristol Sanitary Dist. 304 River St. Wall 04/01/04 City of Yorkville 1102 Schoolhouse Rd. Fire Suppression 01/15/04 City of Yorkville 1102 Schoolhouse Rd. Well House 12/01/03 City of Yorkville 2921 Bristol Ridge Rd. Well House 12/01/03 City of Yorkville 1102 Schoolhouse Rd. Well #7 12/08/03 City of Yorkville 908 Game Farm Rd. Concession Stand 08/14/03 New Life Church for City of Yorkville 3205 Cannonball Trail Skate Park 06/24/03 Fox County Players City of Yorkville 908 Game Farm Rd. Temp. Stage 06/26/03 City of Yorkville 1115 S. Bridge Street Demo Skate Park 05/06/03 City of Yorkville 800 Game Farm Rd. Remodel Addition rOO C/p` Reviewed By: Agenda Item Number J ,a O � Legal ❑ � esr. � 1836 Finance F-1 1 Engineer ❑ Tracking Number City Administrator ❑ 20 Consultant ❑ ADM 2008-21 Agenda Item Summary Memo Title: Benefits Renewal for 2008/2009 Meeting and Date: City Council—March 25, 2008 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Motion to approve contract with Blue Cross Blue Shield Medical, Blue Cross Blue Shield Dental, & Metlife Life Insurance only. Submitted by: Denise Kasper Finance Name Department Agenda Item Notes: OA Memorandum To: Mayor, City Council Esr , 1836 From: Denise Kasper, Human Resources Manager Date: March 7, 2008 9 Subject: Benefit Renewal Attached you will find the current participation rates and ratios for our employee benefit participation. As you can see for the first time in two years we are seeing an increase in our medical plan by an average of HMO 6.33% and PPO 6.46%. This is the first time since 2005 we have seen an increase. Previously we have been fortunate enough to see a decrease in our medical premium by HMO 8.7% and PPO 10.6%. The proposed 6% increase is based on employee usage, industry trend and demographics of our employee base. At the present Blue Cross Blue Shield is the only provider that offers an HMO product in Kendall County. It is my recommendation to continue our current one year contract with Blue Cross Blue Shield of Illinois as our medical provider. At the present I am not recommending the continuation with our current dental provider Metlife, this year we have received a proposed increase of 5%. I have researched other carriers and have received a proposal from BCBS of Illinois at a significant decrease of our current rates and an increase in our maximum benefit to $2,000, additionally BCBS deductable decrease to the employee by an estimated $25 .00. It is my recommendation to establish a dental contract with BCBS of Illinois. Metlife has not increased the premium rates on our current life insurance product. It is my recommendation to continue our current one year contract with Metlife as our life insurance carrier. Please contact me if you should have any questions. HMO 07108 08/09 Increase Total Participants Employee $271 .85 $285.88 $14.03 5.16% 18 $5,145.84 Employee + spouse $581 .63 $624.50 $42.87 7.37% 14 $8,743.00 Employee + Children $547.72 $579.25 $31 .53 5.76% 7 $4,054.75 Family 1 $857.501 $917.881 $60.381 7.04% 1 19 1 $17,439.72 Average Increase for HMO 6.33% Total Mthly $35,383.31 Employee PPO 07108 08109 Increase _ Contribution Mthly Employee $389.58 $410.17 $20.59 5.29% 11 $4,511 .87 $275.00 $4,236.87 Employee + spouse $833.50 $896.00 $62.50 7.50% 8 $7,168.00 $400.00 $6,768.00 Employee + Children $784.90 $831 .09 $46.19 5.88% 3 $2,493.27 $150.00 $2,343.27 Family $1 ,228.83 $1 ,316.92 $88.09 7.17% 1 19 1 $25,021 .481 $950.001 $24,071 .48 Average Increase for PPO 6.46% Total Mthly $39,194.62 $1 ,775.00 $37,419.62 Met Life Dental 07108 08109 Increase Employee $28.07 $29.45 $1 .38 4.92°/ 27 $795.15 Employee + Dependent $56.19 $58.94 $2.75 4.89% 26 $1 ,532.44 Family $104.17 $109.27 $5.10 4.90% 46 $5,026.42 4.90% Total Mthly $7,354.01 BCBS Dental 08109 Decrease Employee $24.801 $4.651 18.75% 27 $669.60 Employee + Spouse $52.291 $6.651 12.72%1 26 $1 ,359.54 Employee + Children $59.511 $49.76 Family 1 $87.011 $22.26 25.58% 46 $4,002.46 19.02% Total Mthly $6,031 .60 VSP 07/08 08109 Employee $5.61 $5.61 25 $140.25 Employee + Dependent $8.131i $8.13 28 $227.64 Family $14.58 $14.58 46 $670.68 2 Year Contract No Increase This Year Total Mthly $1 ,038.57 Life Insurance 07/08 08/09 Accidental $2.001 $2.00 27 $54.00 Life $16.00 $16.00 27 1 $432.00 Dependent Life $2.67 $2.67 72 $192.24 No increase this Year Total Mthly $678.24 Reviewed By: Agenda Item Number J2 4 t 0 Legal ❑ C� 1k5 Finance ❑ EST. , _ ® 1636 E ��;�0 n ineer g � Tracking Number 4 0 y City Administrator ❑ Consultant ❑ PW C008 — LIE) Agenda Item Summary Memo Title: Engineering Enterprises, Inc. —Hourly Rate Increase Meeting and Date: b ry W u N U L 31,26168 Synopsis: This request from EEI is to increase their hourly rates according to their 2008 Standard Schedule of Charges. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C,T y Memorandum 4 ER , ` ® 1836 To: Brendan McLaughlin, City I;dministj%tor .4 From: Joe Wywrot, City E09 � p CC: Lisa Pickering, Deputy City k <4E ��?2 Date: March 13, 2008 Subject: Engineering Enterprises, Inc. — Hourly Rate Increase Attached find a request from EEI to increase their hourly rates chargeable for services rendered during 2008. In accordance with Resolution 2006-39, EEI is currently using their 2006 hourly rates for all work performed for the city. I recommend that the City approve the requested hourly rate increase. EEI has provided the city with timely, high quality services for several years. The average yearly increase from 2006 is 5.2%. This increase covers not only wages and benefits, but also the overhead (office, computers, etc.) associated with EEI providing the city with engineering services. The rate schedule is consistent with rates that EEI charges to other municipalities for similar services. Please place this item on the March 18, 2008 Public Works Committee agenda for consideration. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 6301466-9350 FAX: 630 / 466.9380 www.eeiweb.com Engineering March 10, 2008 Enterprises, Inc. Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Proposed Changes in Hourly Rates and Expenses Dear Mr. Wywrot: This letter is to submit our request for Changes in Rates of Compensation effective immediately upon City Council approval. The requested changes are in the hourly rates for various classifications of employees in accordance with our enclosed Standard Schedule of Charges dated January 1 , 2008. Also enclosed is our current summary of Personnel, Positions and Classifications to cross reference with the hourly rates for the individuals to whom they apply. As I am sure that you have experienced , there is considerable competition for salary and benefits by other public and private sector employers and our costs have risen accordingly. We believe that we have excellent personnel whom we have been able to retain through our continued investment in salary, benefits, equipment and facilities to match our competition. We hope that you will honor our request so that we can maintain and expand our staff to continue to provide the high level of service that you expect and deserve. We are available to answer any questions or receive any comments that you may have. Respectfully Yours, ENGINEERING ENTERPRISES, INC. gW,, / q � Jeffrey W. Freeman, P. E. Vice President JWF/dmt Enclosures PC: Mayor Valerie Burd Mr. Brendan McLaughlin — City Administrator Mr. Travis Miller — Community Development Director Mr. Eric Dhuse — Director of Public Works Ms. Susan Mika — Director of Finance GAPub1ic\Yorkvi1le\2008\YO0800 Genera1\Doc\ljwywrot02 - changesinrates.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-9350 FAX: 630 / 466-9380 STANDARD SCHEDULE OF CHARGES www.eeiweb.com Engineering January 1 , 2008 Enterprises, Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Senior Principal E-4 $171 .00 Principal E-3 $162.00 Senior Project Manager E-2 $150.00 Project Manager E-1 $138.00 Senior Project Engineer/Planner/Surveyor II P-6 $126.00 Senior Project Engineer/Planner/Surveyor I P-5 $ 117.00 Project Engineer/Planner/Surveyor P-4 $108.00 Senior Engineer/Planner/Surveyor P-3 $ 99.00 Engineer/Planner/Surveyor P-2 $ 90.00 Associate Engineer/Planner/Surveyor P-1 $ 81 .00 Senior Project Technician 11 T-6 $117.00 Senior Project Technician I T-5 $108.00 Project Technician T-4 $ 99.00 Senior Technician T-3 $ 90.00 Technician T-2 $ 81 .00 Associate Technician T-1 $ 72.00 Administrative Assistant A-3 $ 78.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $129.00 2 Man Field Crew with Standard Survey Equipment $201 .00 1 Man Field Crew with RTS or GPS " $159.00 2 Man Field Crew with RTS or GPS " $231 .00 Vehicle for Construction Observation $ 15.00 In-House Scanning and Reproduction $0.25/Sq. Ft. (Black & White) $1 .00/Sq. Ft. (Color) 'RTS = Robotic Total Station I GPS = Global Positioning System G:\EEI\Docs\Forms\General\SSC-Std Schedule of ChargeslSTADS0108.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying Personnel, Positions & Classifications James K. Michels, P.E. E-4 Gerald A. Mahnke, P.E. P-6 Gregory A. Chambers T-6 Chief Executive Officer Senior Project Engineer Il Senior Project Technician If (Field) Peter G. Wallers, P.E. E-4 Christopher E. Peterson, P.L.S. P-5 Steven Gozner, III T-6 President Senior Project Surveyor I Senior Project Technician 11 (CAD) David R. Burroughs, P.E. E-4 Jason P. Nemeth, P.E. P-5 Robert C. Watts T-6 Senior Vice President Senior Project Engineer / Senior Project Technician If (Field) Bradley P. Sanderson, P.E. E-3 Vifang Lu, P.E P-5 David S. Stewart T-6 Vice President Senior Project Engineer I Senior Project Technician 1l (Field) Jeffrey W. Freeman, P.E. E-3 David A. Kamano, P.E. P-5 Robert B. Seliga T-6 Vice President Senior Project Engineer I Senior Project Technician /l (CAD) Thomas W. Talsma E-3 Scot H. Prindiville, P.E. P-5 Lenard E. Lynn T-6 Vice President Senior Project Engineer I Senior Project Technician // (Field) Denise M. Migliorini E-3 Julie A. Morrison, P.E. P-5 C. Larry Nolan T-4 Treasurer & Vice President Senior Project Engineer I Project Technician (CAD) Ronald G. Naylor, P.E. E-2 Michele L. Piotrowski, P.E. P-5 Kristopher K. Pung T-4 Senior Project Manager Senior Project Engineer I Project Technician (CAD) John T. Whitehouse, P.E., P.L.S. E-2 Terry M. Heitkamp, P.E. P-5 Teresa S. Seidler-Johnson T-4 Senior Project Manager Senior Project Engineer I Project Technician (CAD) William E. Dunn, P.E. E-2 Rebecca L. Nelson, P.E. P-5 Joshua M. Boatman T-3 Senior Project Manager Senior Project Engineer / Senior Technician (Field) Kevin S. Somstad, P.E. E-2 Todd A. Wells, P.E. P-5 Thomas A. Stephens T-3 Senior Project Manager Senior Project Engineer I Senior Technician (Field) Timothy P. Farrell, P.E. E-2 Timothy V. Weidner, P.E. P-5 Brittney L. Misialek T-3 Senior Project Manager Senior Project Engineer / Project Technician (G1S) Timothy N. Paulson, P.E. E-1 Thomas J. Green, P.E. P-5 Angela R. Ford A-3 Project Manager Senior Project Engineer I Administrative Assistant Robert G. Walker, P.E. E-1 Kurds T. Muth, P.E. P-5 Deborah R. Malek A-3 Project Manager Senior Project Engineer I Administrative Assistant Mark G. Schaller, P.L.S. E-1 Nathaniel J. Koehneke, P.E. P-5 Denise M. Thelander A-3 Project Manager Senior Project Engineer I Accounting Assistant Jason M. Bauer, P.E. E-1 Stephen T. Dennison, P.E. P-5 Angela D. McCoy A-3 Project Manager Senior Project Engineer I Accounting Assistant Scott A. Swanson E-1 Amy L. Seliner, E.I. P-4 Stacy L. Nilsen A-3 IT Manager Project Engineer Office Manager/Hampshire James G. Galas E-1 Sean W. Mikos, E.I. P-4 Laura A. Barnes A-3 CAD Manager Project Engineer Accounting/Admintstrative Assistant Edward S. Wedeking E-1 Andrew J. Tercha, E.I. P-4 Chief Financial Officer Project Engineer Mark C. Weber, P.L.S. P-6 Lee A. Meicher, E.I. P-4 Senior Project Surveyor 11 Project Engineer Andrew R. Deitchman, P.E. P-6 Daniel T. St. Pierre, E.I. P-4 Senior Project Engineer ll Project Engineer LEGEND: Stephan W. Grabowski P-6 John D. Hoffmann, E.I. P-4 P.E. - Professional Engineer Senior Project Planner 11 Project Engineer P.L.S. = Professional Land Surveyor i En g E.I.= Engineer Intern SAL= Surveyor Intern William B. Raffensperger, P.E. P-6 Benjamin P. Jessup E=Precmroe 1 p P-3 P= Professional Senior Project Engineer II Marketing Coordinator T =Tr iolslmtiva 7/4/08 EEI Hourly Rate Comparison 13-Mar-08 Employee Designation 2006 Rate 2008 Rate Total Increase (%) Increase per year (%) Senior Principal $171 .00 N/A N/A Principal $144.00 $162.00 12.5% 6.1 % Senior Project Manager $132.00 $150.00 13.6% 6.6% Project Manager $120.00 $138.00 15.0% 7.2% Senior Project Engineer/Planner/Surveyor II $126.00 N/A N/A Senior Project Engineer/Planner/Surveyor 1 $108.00 $117.00 8.3% 41 % Project Engineer/Planner/Surveyor $99.00 $108.00 9. 1 % 4.4% Senior Engineer/Planner/Surveyor $90.00 $99.00 10.0% 4.9% Engineer/Planner/Surveyor $81 .00 $90.00 11 .1% 5.4% Associate Engineer/Planner/Surveyor $72.00 $81 .00 12.5% 6.1 % Senior Project Technician II $117.00 N/A N/A Senior Project Technician 1 $99.00 $108.00 9.1% 4.4% Project Technician $90.00 $99.00 10.0% 4.9% Senior Technician $81 .00 $90.00 11 .1 % 5.4% Technician $72.00 $81 .00 12.5% 6.1 % Associate Technician $63.00 $72.00 14.3% 6.9% Administrative Assistant $72.00 $78.00 8.3% 4.1 % Crew Rates. Vehicles. and Reprographics 1 Man Field Crew w/Standard Survey Equipment $120.00 $129.00 7.5% 3.7% 2 Man Field Crew w/Standard Survey Equipment $183.00 $201 .00 9.8% 4.8% 1 Man Field Crew with RTS or GPS $150.00 $159.00 6.0% 3.0% 2 Man Field Crew with RTS or GPS $213.00 $231 .00 8.5% 4.1 % Vehicle for Construction Observation $12.00 $15.00 25.0% 11 .8% In-House Scanning and Reproduction $0.25/$1 .00 $0.25/$1 .00 0.0% 0.0% Average Increase 10.7% 5.2% 52 wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466-4350 STANDARD SCHEDULE OF CHARGES FAX: 630 1466-9380 www.eelweb.com January 1 , 2006 Engineering Enterprises, Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $144.00 Senior Project Manager E-2 $132.00 Project Manager E-1 $120.00 Senior Project Engineer/Surveyor P-5 $108.00 Project Engineer/Surveyor P-4 $ 99.00 Senior Engineer/Surveyor P-3 $ 90.00 Engineer/Surveyor P-2 $ 81 .00 Associate Engineer/Surveyor P-1 $ 72.00 Senior Project Technician T-5 $ 99.00 Project Technician T-4 $ 90.00 Senior Technician T-3 $ 81 .00 Technician T-2 $ 72.00 Associate Technician T-1 $ 63.00 Secretary A-3 $ 72.00 CREW RATES, VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $120.00 2 Man Field Crew with Standard Survey Equipment $183.00 1 Man Field Crew with RTS or GPS . $150.00 2 Man Field Crew with RTS or GPS ' $213.00 Vehicle for Construction Observation $ 12.00 In-House Scanning and Reproduction 0.25/Sq. Ft. Black & White) 1 .00/Sq. Ft.Ft. (Black *RTS = Robotic Total Station / GPS = Global Positioning System G:1EEI1DocaiForms':GenerarSSGStd Schedule of Chari)WSTADS010S.DOC Consulting Engineers Specializing in Civil Engineering and Land Surveying STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2008- RESOLUTION APPROVING INCREASES IN HOURLY RATES AND EXPENSES FOR ENGINEERING ENTERPRISES, INC. WHEREAS, the City Council of the United City of Yorkville has considered the approval of increases in hourly rates and expenses for Engineering Enterprises, Inc. (EEI); and WHEREAS, a copy of EEI's letter of explanation and 2008 Standard Schedule of Charges is attached hereto and incorporated herein as Exhibit "A"; and NOW THEREFORE BE IT RESOLVED by the Mayor and City Council of the United City of Yorkville that the 2008 Standard Schedule of Charges as set forth on Exhibit "A" attached hereto and incorporated herein is hereby approved Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2008. CITY CLERK ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. MAYOR CA 1 (o United City of Yorkville Pw a ®og - ya WATER DEPARTMENT REPORT - gym JANUARY 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 377,000 4 1393 542 188 11,068,000 7 1500 883 553 31090,600 8 1500 861 477 18,408,000 9 1500 1125 576 6,922,000 TOTAL 39,865,600 CURRENT MONTH'S PUMPAGE IS 2.039 500 GALLONS MORE THAN LAST MONTH 4,913,900 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1,222,700 GALLONS DAILY MAXIMUM PUMPED: 2.073.500 GALLONS DAILY AVERAGE PER CAPITA USE: 101.8 GALLONS WATER TREATMENT CHLORINE FED: 1067.9 LBS. CALCULATED CONCENTRATION : 3.4 MG/L FLUORIDE FED: 296.8 LBS. CALCULATED CONCENTRATION : 0.24 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION: 1.0 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 3 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS MXU'S: 2 RESIDENTIAL: 28 COMMERCIAL: 4 INDUSTRIAL/GOVERNMENTAL: _ COMMENTS 1-16-08 - 205 River Road, 1" hole in the side of 8" water main. 500. 000 gallons of water lost due to break. � N # 7 R�° °,r� United City of Yorkville `P w ' q3 J2 S� � °�_ �s WATER DEPARTMENT REPORT h��E „>. FEBRUARY 2008 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FE FEET GALLONS 3 1335 501 206 2,683,000 4 1393 542 189 1,081,000 7 1500 883 554 4,371,500 8 1500 861 476 11,867,000 9 1500 1125 578 14,973,500 TOTAL 34,975,500 CURRENT MONTH'S PUMPAGE IS 4,890, 100 GALLONS LESS THAN LAST MONTH 3.552 700 GALLONS MORE THAN LAST MONTH DAILY AVERAGE PUMPED: 1, 140.700 GALLONS DAILY MAXIMUM PUMPED: 2,225200 GALLONS DAILY AVERAGE PER CAPITA USE: 95 GALLONS WATER TREATMENT CHLORINE FED: 931.6 LBS. CALCULATED CONCENTRATION : 3.6 MG/L FLUORIDE FED: 286 LBS. CALCULATED CONCENTRATION : 0.24 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLUURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION : 1 .1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 3 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 NEW CUSTOMERS MXU'S RESIDENTIAL: 24 COMMERCIAL: INDUSTRIAL/GOVERNMENTAL: _ COMMENTS 2-6-08 Took well #4 off line for maintenance. On 2-16-08 well #3 went down. Pulled well #3 replaced motor back up running on 3-1-08. `�fpD C/p` Reviewed By: Agenda Item Number J`� T Legal ❑ C Finance ❑ EST. , _ 1836 Engineer ❑ g Tracking Number -4 W City Administrator ❑ 9m x`20 Consultant o p W,, 4®,s _ y q Agenda Item Summary Memo Title: Pearly MFT GM appropriation Meeting and Date: �IT1 COuwGL 3%c75%O8 Synopsis: yearly appropriation of MFT funds for general maintenance purposes Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: positive Council Action Requested: approval Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: 111inob Department Resolution for Maintenance of of TransporWon Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and City Council of the (Council or President and Board of Trustees) United City of Yorkville , Illinois, that there is hereby (City, Town or Village) (Name) appropriated the sum of $ 112,520.00 of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from May 11 2008 to April 30, 2009 (Date) (Date) BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BE IT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department , a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Ottawa Illinois. I, Jackie Milschewski Clerk in and for the United City of Yorkville County of Kendall (City, Town or village) hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and City Council at a meeting on (Council or President and Board of Trustees) Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) City Clerk (City, Town or Village) Approved Date Department of Transportation Regional Engineer Printed 2/25/2008 BLR 14230 (Rev. 11/06) UIllinois Department Municipal Estimate of of Transportation Maintenance Costs Period from 05/01/2008 to 04/30/2009 Section Number 08 - 00000 - 00 - GM Municipality Yorkville Estimated Cost of Maintenance Operations Maintenance For Grou 1 II or III Material E ui mentor Labor Operation Group Unit Operation (No. — Description) (I,II,III,IV) Item Unit Quanti Price Cost Cost Bituminous Patchin II Bituminous Cold Patch TON 40 Surface Hot Mix 93.00 3720.00 3,720.00 TON 150 55. 00 8,250.00 Signs, Posts & Hardware If Vari $8,250.00 ous Si ns EA 150 40.00 $62000.00 6,000.00 Sign Posts EA 150 27.00 $4,050.00 42050.00 EA 150 30.00 �$41500,00 41500.00 Snow Removal II Bulk Rock altrdware TON 2000 43.00 $86,000.00 86,000.00 bulk rock salt urchased throu h State CMS Total Day Labor Costs $112,520.00 Total Estimated Maintenance Operation Cost $112,520.00 Preliminary Engineering Engineering Inspection Material Testing Total Estimated Engineering Cost Total Estimated Maintenance Cost $1123520.00 Submitted: Approved: Date Date By' Municipal Official Title Regional Engineer Submit Four (4) Copies to Regional Engineer Page 1 of 1 Printed on 3/7/2008 10:34:28 AM BLR 14231 (Rev. 2123/06) `�(pD C/T` Reviewed By: Agenda Itemm Number J� R T Legal ❑ C I Finance ❑ Esi 1 ��1B36 Engineer � �' �1i1�F -�� '� Tracking Number y City Administrator Consultant ❑ PW c20D$ y5 Agenda Item Summary Memo Title: Palmer Court Roadway Improvements—Bid Results Meeting and Date: C(" CC>Lw m 305/08 Synopsis: Recommend award to Aurora Blacktop, Inc. for the bid amount of$67,905.00. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP Memorandum ESL 1 `= 1836 To: Brendan McLaughlin, City rT m� for �� j From: Joe Wywrot, City Engineer lal ° - p CC: Sue Mika, Finance Director ` Lisa Pickering, Deputy City Clerk Date: March 7, 2008 Subject: Palmer Court Roadway Improvements — Bid Results Bids were opened on March 7, 2008 for the referenced project. This project consists of repaving of the roadway, curb repairs, and related work on Palmer Court, which is located north of Countryside Parkway between E. Kendall Drive and Center Parkway. The following bids were received: Aurora Blacktop, Inc. $67,905.00 1065 Sard Ave. Montgomery, Illinois 60538 Briggs Paving, Inc. $805229.75 751 N. Bolingbrook Drive Bolingbrook, Illinois 60440 Meyer Paving, Inc. $80,961 .48 50W363 IL Rt.64 Maple Park, Illinois 60151 K-Five Construction Co. $969980.00 13769 Main Street Lemont, Illinois 60439 Engineer's Estimate $83, 113.00 Aurora Blacktop has constructed many of the roads in Yorkville over the years, and has consistently performed well. I recommend that the contract for construction of the Palmer Court Roadway Improvement project be awarded to Aurora Blacktop, Inc. for the bid amount of $67,905.00. Please place this item on the March 18, 2008 Public Works Committee agenda for consideration. `!41 C/py Reviewed By: Agenda Item Number Zi T Legal ❑ -,7 it) Finance ❑ EST. 1 _ 1836 En g ineer ) � i Tracking Number W City Administrator ❑ 9 `�O Consultant ❑ Pw a�g - yt� <kE ?' F-1 Agenda Item Summary Memo Title: Rt.34/Sycamore Temporary Traffic Signal-Change Order 41 Meeting and Date: �Iq CbutIC%L Sldslo8 Synopsis: This change order in the amount of$1200.00 is for adding three 15-foot long mast arms for mounting the video detection cameras. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: ♦��p C/py ,2 t U A Memorandum esr 1 ` 1836 To: Brendan McLaughlin, City A"str or ~ y From: Joe Wywrot, City Engineer \\ �� =p CC: Lisa Pickering, Deputy City Ql rk Date: March 11 , 2008 Subject: Rt.34/Sycamore Temporary Traffic Signal — Change Order #1 Attached find one copy of proposed Change Order #1 for the referenced project. This change order, in the amount of a $1200.00 increase, is to provide and install three mast anus for mounting of the video detection cameras. This traffic signal will use video detection cameras rather than cutting wire loops into the pavement. The cameras are to be mounted on mast arms attached to three of the wooden poles. While a special detail on the plans show the mast anus, the installation plan does not, and the neither the pay item for wooden pole nor the pay item for the camera include the mast arm. IDOT has reviewed this matter and has indicated that a separate pay item for the mast arm is appropriate. I recommend that this change order be approved. Please place this item on the March 18, 2008 Public Works Committee agenda for consideration. UNITED CITY OF YORKVILLE Rt.34 1Sycamore Temporary Traffic Signals Change Order No. 1 MFf Section #07-00035-00-TL Date: 11-Mar-08 Gaffney's PMI 1890 Suncast Lane Batavia, Illinois 60510 Awarded Revised Difference in No. Item Quantity Quanti Difference Unit Unit Price Cost 34 15' Mast Ann 0 3 3.00 EA $400.00 $1 ,200.00 Total change: 1$ .200.00 Contract Award Amount: $113193.75 Revised Contract Amount: $114,39175 Recommend for Approval: Date: City of Yorkville Approved: Date: Gaffney's PMI Approved: Date: GAFFNEY'S PMI Electrical Utility Installations - Electrical Service/Maintenance Contractors - Outdoor Lighting & Underground Installations - • 1 • 111 1890 SUNCAST LANE BATAVIA, IL 60510 F: (630 TO: Joe Wywrot RE: Sycamore Rd & Rt. 34 Change Order # 1062-01 Date: Contract # Existing Contract Date ADDITIONS DEDUCTIONS 03.07.08 07-00035- $ 1200.00 00-TL 10.31 .07 Description of Work: Furnish and install (3) 15' mast arms to the wood poles for Video Detection System. IDOT pay item 45' wood pole wl 15' mast arm 80800325 [DOT temp pay item 15' mast arm X0324907 Not included in plans. Please approve attached cut sheet. RECAP: Amount of this C.O.: $1200.00 ACCEPTED BY: GAFFNEY'S P.M.I. REFUSED BY: FIRM : BY: Steve Spoerl DATE: *" This is not a new agreement. This change order remains subject to all of the items, terms, and conditions (notes) governing the original PMI agreement. Only the items specifically referred to are affected by this change order. NO WORK will be performed, until CHANGE ORDER (both copies) is signed and returned to PMI. N:1PM1 FonnsVob Forms\Change Order-leftrehead.doc `ArpD Cl y Reviewed By: Agenda Item Number T Legal ❑ Finance ❑ EST. 1836 Engineer )" 31 Tracking Number 4 C � q City Administrator ❑ op 3� O Consultant ❑ 'PW 80 7 ❑ Agenda Item Summary Memo Title: In-Town Road Program (Phase 2 Utilities)—Change Order#5 Meeting and Date: Lm NO.0 wi L 3/J5/D8 Synopsis: This is a final balancing change order in the amount of a$7,641.15 decrease. The final dollar amount of the contract is $965,086.90. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: J2`��D Ct T yT Memorandum 4 � esr ` 1836 To: Brendan McLaughlin, City Administrator C�;' From: Joe Wywrot, City Engineer (. =p CC: Lisa Pickering, Deputy City C rk Date: March 5, 2008 Subject: In-Town Road Program (Phase 2 Utilities) — Change Order #5 Attached find one copy of proposed Change Order #5 for the referenced project. This change order, in the amount of a $7,641 . 15 decrease, is the final balancing change order for the Phase 2 utility contract of the In-Town Road Program. The final dollar amount of this contract is $965,086.90. I recommend that this change order be approved. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2007 In Town Utility Program JOB NO.: YORK-040818.01 -06 LOCATION: Job Completion CHANGE ORDER: 5--- Balance CONTRACTOR: R.A. Ubert DATE: 11 /29/2007 DESCRIPTION OF CHANGE ORDER: Final balance change order ORIGINAL CONTRACT AMOUNT: [1 ] $889,661 .00 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $83,067.05 CURRENT CONTRACT AMOUNT: ([1 ]+[2]) [3] $9722728.05 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] ($71 641 . 15) PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $9652086.90 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $75,425.90 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) RECOMMENUEb FOR A EE�CE Approved By: ResYdent Engin�ae1� ^ DD�ate (>$10Kor25%) Mayor Date Approved By: Contr or1 Date (`$10KOr25%) City Manager Date \ k: -� 15-1 0 8 Attest: City n ineer U Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bonds, permits, insurance and guarantees are hereby extended to incorporate this Change Order. Page 1 of 2 20071n Town Utility Program C.O. # 5 NO ITEM CURRENT UNIT UNIT TOTAL FINAL DIFFERENCE DIFFERENCE FINAL QUAN PRICE PRICE QUAN QUAN AMOUNT AMOUNT 1 Removal of Bollards 2 EA $50.00 $100.00 2.0 0.00 0.00 $100.00 2 Traffic Control and Protection 1 L Sum $28,000.00 $28,000.00 - 1 .0 0.00 0.00 $28,000.00 3 Silt Fence 12712 L.F. $0.25 $3, 178.00 0.0 (12712.00) (3178.00) $0.00 4 Economy Safety Barrier Fencing ( Railroad Area) 400 L.F. $1 .00 $400.00 0.0 (400.00) (400.00) $0.00 5 Storm Sewer Televising 5556 L.F. $2.00 $11 ,112.00 5,556.0 0.00 0.00 $11 ,112.00 6 Inlet Protection 100 EA $10.00 $1 ,000.00 96.0 (4.00) (40.00) - $960.00 7 Pavement Patch (Class D Type 3) 41 SO YD $50.00 $2,050.00 41 .0 0.00 0.00 $2,050.00 8 Removal of Existing Railroad tiles (Retaining Wall) 1 L Sum $300.00 $300.00 1.0 0.00 0.00 $300.00 9 Adjusting Water Service Lines 10 EA $100.00 $1 ,000.00 10.0 0.00 0.00 $1 ,000.00 10 1" Type K Long Water Service Connection 27 EA $950.00 $25,650.00 27.0 0.00 0.00 $25,650.00 11 1" Type K Short Water Service Connection 23 EA $800.00 $18,400.00 21 .0 (2.00) (1600.00) $16,800.00 12 Augur and Push Water Main 8" 77 L.F. $75.00 $5,775.00 0.0 (77.00) (5775.00) $0.00 13 Connect to Existing Water Main 4 EA $500.00 $2,000.00 4.0 0.00 0.00 $2,000.00 14 Pressure Connect to Existing Water Main 2 EA $3,000.00 $6,000.00 2.0 0.00 - 0.00 $6,000.00 15 Water Main Line Stop 8 EA $3,000.00 $24,000.00 8.0 0.00 0.00 $24,000.00 16 Valve and Valve Vault Removal 1 EA $200.00 $200.00 1.0 0.00 0.00 $200.00. 17 Valve and Valve Box Removal 3 EA $100.00 $300.00 2.0 (1 .00) (100.00) $200.00 18 Existing Water Main to be Abandoned 4 EA $100.00 $400.00 4.0 0.00 0.00 - $400.00 .. 19 Fire Hydrant to be Salvaged 1 EA $500.00 $500.00 1 .0 0.00 0.00 $500.00 20 Fire Hydrant to be Removed - 2 EA $500.00 $1 ,000.00 10 0.00 0.00 $1 ,000.00_ 21 Fire Hydrant andValve to be Removed 4 EA $350.00 $1 ,400.00 4.0 0.00 0.00 $1 ,400.00 22 Fire Hydrant w/ Aux. Valve to be Removed & Rap]. 3 EA $4,000.00 $12,000.00 3.0 0.00 0.00 $12,000.00 23 Fire Hydrant w/ Aux. Valve (Connect to Existing) 3 EA $4,000.00 $12,000.00 3.0 0.00 0.00 $12,000.00 24 Fire Hydrant w/ Auxillary Valve 6 EA $3,000.00 $18,000.00 6.0 0.00 0.00 $18,000.00. . 25 6" 01 CL 52 Water Main (FH Leads) 122 L.F. $60.00 $7,320.00 92.0 (30.00) (1800.00) 5520.00 26 8" DI CL 52 Water Main - 2146 L.F. $72.00 $154,512.00 2,277.0 131 .00 9432.00 . $163,944.00' 27 8" Valve and 4' Dia. Valve Vault 2 EA $1 ,800,00 $3,600.00 2.0 0.00 0.00 $3,600.00 28 8" Valve and Valve Box 3 EA $1 ,400.00 $4,200.00 3.0 0.00 0.00 - $4,200.00." 29 8" Plug and MJ Cap 2 EA $400.00 $800.00 2.0 0.00 0.00 $800.00 30 18" Steel Casing (for Water Main) Directional Bore 110 L.F. $180.00 $19,800.00 110.0 0.00 0.00 $19,800.00 31 Water Main Trench Backfill 0 Inc. $0.00 $0.00 0.0 0.00 0.00 $0.00 32 Exploratory Excavation . - 10 - EA $100.00 $1 ,000.00 10.0 0.00 . 0.00. $1 ,000.00 . :. 33 Clean Existing Storm Sewer Structures 7 EA $150.00 $1 ,050.00 7.0 0.00 0.00 $1 ,050.00 34 Removal of Existing Storm Structures CB, Inl,MH 13 EA $100.00 $1 ,300.00 - 13.0 0.00 -0.00 `. $1.,300.00 35 12" FES Removal 1 EA $100.00 $100.00 1 .0 0.00 0.00 $100.00 36 12" RCP Strom Sewer Removal 407 L.F. $5.00 $2,035.00 260.0 (147.00) (735,00)1 $1;300.00 37 Remove Exsiting Culvert 2 EA $25.00 $50.00 2.0 0.00 0.00 $50.00 38 . Repair Drain tile 3 EA $50.00 $150.00 3.0 - : 0.00 000 _$150.00 39 Rip Rap CL A3 20 SO YO $50.00 $1 ,000.00 20.0 0.00 0.00 $1 ,000.00 40 Storm Sewer Trench Backfill (CA-7) 0 Inc. $0.00 1 $0.00 0.0 0.00 0.00 $0.00 41 Storm Sewer, CL A1 , 12" Dia. 2843 L.F. $52.00 $147,836.00 2,847.0 4.00 208.00 $148,044.00 42 Storm Sewer, CL A2, 12" Dia - 444 L.F. . - $52.00 $23,088.00 452.0 - -8.00 416.00. - $23,504.00 =. 43 Storm Sewer, CL Al , 15" Dia. 1334 L.F. 1 $57.001 $76,038.00 1 ,334.0 0.00 0.00 $76,038.00 44 Storm Sewer, CL A2, 15" Dia. - 345 L.F. $57.00 $19,665.00 355.0 10.00 570.00 $20,235.00 45 Storm Sewer, CL Al , 18" Dia. 116 L.F. $62.00 $7,192.00 122.0 6.00 372.00 $7,564.00 46 ' :. Storm Sewer, CL A2, 18" Dia. 350 L.F. $62.00 $21 ,700.00 356.0 6.00 372.00 $22,072.00 47 Storm Sewer, CL A2, 21" Dia. 29 L.F. $80.00 $2,320.00 34.0 5.00 400.00 $2,720.00 48 : 30" Steel Casing Direct Bore 110 - L.F. $260.00 $28,600.00 . 110.0 : 0.00 0.00 $28,600.00 49 12" FES w/ Grate 3 EA $750.00 $2,250.00 3.0 0.00 0.00 $2,250.00 50 Connect Storm Drain Tile to Structure - 1 - EA $250.00 - $250.00 1 .0 0.00 0.00 $250.00. '. 51 Catch Basin, TA 4'Dia. R-3286-8V 5 EA $1,700.00 $8,500.00 5.0 0.00 0.00 $8,500.00 52 Catch Basin, TA 4'Dia. R-2502 17 EA $1 ,650.00 $28,050.00 15.0 (2.00) (3300.00) $24,750.00 -: 53 Catch Basin, TA 4'Dia. R-3205 22 EA $1 ,650.00 $36,300.00 22.0 0.00 0.00 $36,300.00 54 Catch Basin, TA 4'Dia. R-3015 3 EA $1,650.001 $4,950.00 3.0 1 0.00 : '0.00 $4,950.00 55 Catch Basin, TA 4'Dia. R-3405-A 2 EA $2,000.00 $4,000.00 2.0 0.00 0.00 $4,000.00 56 Inlet, TA 2' Dia. R-3015 2 EA $850.00 $1 ,700.00 2.0 - 0.00 0.00. $1 ,700.00 - 57 Inlet, TA 2' Dia. R-3286-8V 1 EA $1 ,000.00 $1 ,000.00 1 .0 0.00 0.00 $1 ,000.00 58 Inlet, TA 2' Dia: R-3205 . 19 EA - , $875.00 - $16,625.00 . 19.0 - 0.00 0.00 $16;625.00 59 Inlet, TA 2' Dia. R-2502 16 EA $875.00 $14,000.00 16.0 0.00 0.00 $14,000.00 60 Inlet, TA 2' 01a. R-3405-A 2 FA - $1,100.00 $2,200.00 2.0 0.00 0.00 . -. $2,200.00 61 Manhole TA 4' Dia., R-1530 9 EA $1 ,650.00 $14,850.00 9.0 0.00 0.00 $14,850.00 62 Manhole TA 4' Dia., R-2502. - 2 EA $1,650.00 $3,300.00 2.0 - 0.00 0.00 $3,300.00 63 Adjust Frame and Grate (R-1530) 1 EA $450.00 $450.00 1 .0 0.00 0.00 $450.00 64 Adjust Frame and Grate (R-2502) 9 EA $300.00 $2,700.00 9.0 0.00 0.00 - $2,700.00 65 Adjust Frame and Grate (R-3205) 2 EA $300.00 $600.00 2.0 0.00 0.00 $600.00 66 Replace Sanitary Lid To (R-1530) - 1 EA - $175.00 - $175.00 - i-1 .0 67 Sanitary Manhole 4' DIA 1 EA $2,500.00 $2,500.00 1 .0 0.00 0.00 $2,500.00 68 Sanitary Manhole 6' DIA - 1 EA 1 $4,800.001 $4,800.001 1 .0 1 0.00 . 0.00 1 _.$4,800,00. Page 2 of 2 69 Sanitary Sewer 10" PVC SOR-26 460 L.F. $68.00 $31 ,280.00 460.0 0.00 0.00 $31,280.00 70 Storm Sewer, PVC, 21" OIA : 95 -- L.F. $100.00 - $9,500.00 95.0 - 0.00 0.00 - $9,500.00=- 71 Sanitary Service Adjustments 39 EA $40.00 $1 ,560.00 31 .0 (8.00) (320.00) $1 ,240.00 '72 . Change Order #1 1 L.SUM $37,122.73 - $37,122.73 1.0 0.00 0-.00 $37,122.73 •73 Change Order #2 1 L.SUM $15,500.00 $15,500.00 1.0 0.00 0.00 $15,500.00 "74 - Change order #3 - - 1 L. SUM $10,779.32 $10,779.32 1.0 0.00 ' 0.00 $10,779.32 '75 Change Order #4 1 L.SUM $19,665.00 $19,665.00 0.89 (0.11) (2163.15) 17501 .85 TOTAL $972,728.05 7641 .152, $965,086.90 Page 2 of 2 C/ry Reviewed By: Agenda Item Number J= ' 0+ Legal ❑ Finance ❑ leas Engineer OT 3 R Tracking Number 0 y City Administrator ❑ Consultant ❑ 1 kE Agenda Item Summary Memo Title: Raintree Village Unit 5 —LOC Expiration Meeting and Date: L I 1 C.O u tJ C I S Synopsis: We have notified that LOC#FGAC-05167 will expire on May 16, 2008. Recommend calling this LOC if it is not renewed prior to May 2,2008. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CIP Memorandum es, 1836 To: Brendan McLaughlin, CiTy Vr r for ® y From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City <ce �J2 Date: March 11 , 2008 Subject: Raintree Village Unit 5 — LOC Expiration Attached find a notice from Fidelity Guarantee & Acceptance Corp. that Letter of Credit No. FGAC-05167 for the referenced development will expire on May 16, 2008. This letter of credit, in the amount of $503,184. 11 , is to guarantee satisfactory completion of all land improvements except earthwork-related items for Raintree Village Unit 5 . We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to May 2, 2008. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. 700 NW 107 AVENUE - SUITE 240 MIAMI, FLORIDA 33172 --- - PHONE (305) 553-8724 FEBRUARY 11 , 2008 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: MAYOR AND ALDERMEN RAINTREE VILLAGE, LLC CITY OF.YORKVILLE_ _ ------ _. .. _ _ C/OlENNAR COMMUNITIES OF CHICAGO 800 GAME FARM ROAD 2300 BARRINGTON ROAD, SUITE 600 YORKVILLE, IL 60560 HOFFMAN ESTATES, IL 60169 RE: OUR STANDBY LETTER OF CREDIT NO. FGAC-05167 PRESENTLY FOR AN AMOUNT OF USD $503,184. 11 (FIVE HUNDRED THREE THOUSAND ONE HUNDRED EIGHTY FOUR AND 11/100 US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF RAINTREE VILLAGE, LLC. - GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 16, 2008 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 700 NW 107 AVENUE - SUITE 240, MIAMI, FLORIDA 33172. ANY DRAWING RECEIVED AFTER MAY 163 2008 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. JACQ INE ESOUZ VICE PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 600 HOFFMAN ESTATES, IL 60169 `QED C/r�. Reviewed By: Agenda Item Number J� 6 Legal ❑ OA *13 EST. , 1836 Finance F-1 Engineer 0 y City Admi strator r-1 , [ i, Tracking Number D9 .4 `=O Consultant ❑ PVV agog - S-O LLE �. ❑ Agenda Item Summary Memo Title: Raintree Village Unit 6-LOC Expiration Meeting and Date: �IT� Ntwlu Synopsis: We have notified that LOC #FGAC-06137 will expire on May 17, 2008. Recommend calling this LOC if it is not renewed prior to May 2, 2008. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST. _ 1836 To: Brendan McLaughlin, City 7r*k. str for < W From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City .. c 2. ` <CE ��I Date: March 11 , 2008 Subject: Raintree Village Unit 6 — LOC Expiration Attached find a notice from Fidelity Guarantee & Acceptance Corp. that Letter of Credit No. FGAC-06137 for the referenced development will expire on May 17, 2008. This letter of credit, in the amount of $891 ,128.30, is to guarantee satisfactory completion of all land improvements for Raintree Village Unit 6. We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to May 2, 2008. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. FIDELITY GUARANTY AND ACCEPTANCE CORP. c:; -°2 v ;`�y—l�•� < 700 NW 107 AVENUE — SUITE 240w MIAMI, FLORIDA 33172 PHONE (305) 553-8724 FEBRUARY 11, 2008 NOTICE OF LETTER OF CREDIT EXPIRATION BENEFICIARY: APPLICANT: MAYOR AND ALDERMEN LENNAR COMMUNITIES OF CHICAGO CITY OF YORKVILLE 2300 BARRINGTON ROAD, SUITE 700 800 GAME FARM ROAD HOFFMAN ESTATES, IL 60169 YORKVILLE, IL 60560 RE: OUR STANDBY LETTER OF CREDIT NO, FGAC-06137 PRESENTLY FOR AN AMOUNT OF USD $891 ,128.30 (EIGHT HUNDRED NINETY ONE THOUSAND ONE HUNDRED TWENTY EIGHT AND 30/100 US DOLLARS) ISSUED IN YOUR FAVOR FOR THE ACCOUNT OF LENNAR COMMUNITIES OF CHICAGO. GENTLEMEN: BE ADVISED THAT IN ACCORDANCE WITH THE LETTER OF CREDIT TERMS, WE HEREBY SERVE NOTICE THAT THE REFERENCED LETTER OF CREDIT WILL EXPIRE ON MAY 17, 2008 WITH OUR CLOSE OF BUSINESS AT FIDELITY GUARANTY AND ACCEPTANCE CORP., ATTN: LETTER OF CREDIT DEPT., 700 NW 107 AVENUE — SUITE 240, MIAMI, FLORIDA 33172. ANY DRAWING RECEIVED AFTER MAY 179 2008 WILL BE REFUSED. PLEASE RETURN THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS UPON EXPIRATION. FAILURE TO RETURN THE ORIGINAL LETTER OF CREDIT AND AMENDMENTS WILL HAVE NO EFFECT AND OUR LETTER OF CREDIT WILL BE CONSIDERED EXPIRED. ACKNOWLEDGED BY: BENEFICIARY DATE IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT LETTER OF CREDIT DEPARTMENT AT 305-553- 8724 AS SOON AS POSSIBLE. VERY TRULY YOURS, FIDELITY GUARANTY AND ACCEPTANCE CORP. we JACQUELVSt6UZA3 VIq PRESIDENT CC: LENNAR COMMUNITIES OF CHICAGO ATTN: KAREN BLAKE 2300 BARRINGTON ROAD, SUITE 600 HOFFMAN ESTATES, IL 60169 Reviewed By: Agenda Item Number J� a' T Legal ❑ Finance ❑ \ � EST. , 1836 1 Engineer , 1 - Tracking Number 0 y City Administrator ❑ Consultant ❑ P W olcbog —61 tE Agenda Item Summary Memo Title: Grande Reserve Unit 12—LOC Expiration Meeting and Date: CJ" COUVA( 1AL W,,, 5W OB Synopsis: We have been notified that LOC #S587890 will expire on May 15, 2008. Recommend calling the LOC if it is not renewed prior to May 2,2008. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: III ypc+ Memorandum 4 EST. 1836 To: Brendan McLaughlin, City Adminis ator C ® y From: Joe Wywrot, City Engineer 9 p CC: Lisa Pickering, Deputy City rk <CE Date: March 11 , 2008 Subject: Grande Reserve Unit 12 — LOC Expiration Attached find a notice from LaSalle Bank that Letter of Credit No. S587890 for the referenced development will expire on May 15, 2008. This letter of credit, in the amount of $278,745.82, is to guarantee satisfactory completion of land improvements for Grande Reserve Unit 12. We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to May 2, 2008. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. ,MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF T, G LASALLE BANK N. A. 540 W . MADISON - 26TH FLOOR 5 •��---"' w CHICAGO , IL 60661 SWIF7a LABLUS44 TEL31. 2-904•-8462 i FEBRUARY .15, 2008 0 < UNITED CITY OF `lORKVIL_LE 800 GAME FARM RD . YORKVILLE, IL 60580 w a OUR REFERENCE : 5587890 IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE REFERENCED LETTER OF CREDIT , THIS IS TO ADVISE YOU THAT THE w CREDIT WILL EXPIRE . ON MAY 15, 2008 COMPUTER GENERATED NO SIGNATURE REQUIRED K ' CC : PASQUINELLI —MILL , ' CROSSING L_LC ' 688Tr No FRONTAGE RD ', SUITE 100 BURR RIDGE', IL 60527 >i 96 1 r i a ?i z r 0 0 r 1i 0 = i 0 a s o w s '1 i0 HEEW3W dROHO OHWV NOV 3H1 HO U3ENAW dGOHH OHWV NOV 3H1 d0 HAGW311 dROHO OHWV NBtl 3N1 db H30W3W d0000 0 UWV NOV 3H1 3O U3HW3W dROHO OUNV NOV 3H1 BO H30W3W dGOHB OH WV NOV 3H1 AO H3BNGN `,QED C/p` Reviewed By: Agenda Item Number J� o A s Legal ❑ C,tC �5 ® Finance EST. � I teas Engineer 4 11 City Administrator ❑ Tracking Number Consultant ❑ Pw 012Od8 (507 LE Agenda Item Summary Memo Title: Grande Reserve Unit 12—Site Occupancy LOC Release Meeting and Date: MY e.DU E.N L— 3/d5/08 Synopsis: The work guaranteed by this letter of credit has been completed. Recommend that The LOC in the amount of$21,000 be released. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: CI Py� Memorandum e EbM `� 1836 To: Brendan McLaughlin, City Administrator Go From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City Clerk�� = Jennifer Fischer, Engineering Admirfistrati� Assistance <JL Date: March 12, 2008 Subject: Grande Reserve Unit 12 — Site Occupancy LOC Release .ne aF2 .eu .w�v..(itC V.. Fb..� >a.. . .:-_ . .� ...�_ -' .^ a_ Huh Sn.. „-• Attached find a request from Pasquinelli Homes to release LaSalle Bank Letter of Credit #S594295. This letter of credit, in the amount of $21 ,000 (not $ 13,000 as stated in the request), was established to guarantee completion of private site improvements for Building Nos. 13-16 on Beresford Drive in Grande Reserve Unit 12. This work has been completed, therefore I recommend that the letter of credit be released in its entirety. Since these are private improvements, there is no one-year warranty period. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. March 10, 2008 Mr. Joseph Wywrot United City Of Yorkville 800 Game Farm Road Yorkville, E 60560 Re: Grande Reserve Unit 12- Release of L.O.C. Dear Mr. Wywrot, We would respectfully request the release of our letter of credits for mill crossing of Grande Reserve . In the amount of $13,000, that expires on 10-16-08 covering houseline L.O.C. as the community is 100% complete. We would ask that this request be scheduled into the next appointed Yorkville City Council meeting. Thanking you in advance for your continued assistance in this matter. If you have any Questions regarding this please feel free to call meat (630)325-4500 ext.2178 so rely, Paul Moravec Area Construction Manager Pasquinelli Homes `QED C/py Reviewed By: Agenda Item Number J� 4 T Legal ❑ C �10 Finance ❑ ESL 1836 ` , • -.� ��le�' Engineer ON Tracking Number -4 � 0 � y City Administrator Consultant ❑ P W 0`00$ -53 Agenda Item Summary Memo Title: Grande Reserve Unit 13 —LOC Expiration Meeting and Date: C iTy CUunNCll_ 31a5/oh Synopsis: We have been notified that LOC #5587891 will expire on May 15, 2008. Recommend calling the LOC if it is not renewed prior to May 2, 2008. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: clry � o� Memorandum esr 1836 To: Brendan McLaughlin, City iris / for From: Joe Wywrot, City Engineer �p CC: Lisa Pickering, Deputy City rk <LE xl ♦ Date: March 11 , 2008 Subject: Grande Reserve Unit 13 — LOC Expiration Attached find a notice from LaSalle Bank that Letter of Credit No. S587891 for the referenced development will expire on May 15, 2008. This letter of credit, in the amount of $371 ,870.36, is to guarantee satisfactory completion of landscape improvements for Grande Reserve Unit 13 . We will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime, however, I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to May 2, 2008. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. ,,_MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABN AMHO GROUP MEMBER OF THE ABN AMRO GROUP MEMBER OF ° LRE3ALLE BANK N. A. 540 W. MADISON 26TH FLOOR CHICAGO, IL 60661 SWIFT : LASLUS44 TIT TEL_.s ] 2-904-B462 ITT FEBRUARY 15 , 2008 0 UNITED CITY OF YORKVIL_LE 800 GAME FARM RD YORKVILLE, IL 60560 0 TIT I e OUR REFERENCE : 6587891 w ' IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE ABOVE o: REFERENCED LETTER OF CREDIT , THIS IS TO ADVISE YOU THAT THE CREDIT WILL EXPIRE ON MAY 1. 51 2006 tAJ 0 COMPUTER GENERATED NO SIGNATURE REQUIRED CC : PASQUINELLI — THE COMMONS LLC 6890 N. FRONTAGE RD. , SUITE 1:.00 TIT g BURR' RIDGE, IL. 605 271 IT IT ITT TIT 0 0 O TIT 0 sIT- TIT Ti ITT0 0 IT I 0 E ,. . �1 d0 HERNEW d0GHO OHWV NOV 3H1 BO BOEW3W d00H9 OHWV NOV 3Hl d0 H3BW3W dOOHO OHWV NOV 3H1 i0 HAUNEW dOOHO OHWV NOV 3H1 d0 H3B013W HINGED OUWV NOV 3H1 40 H3BW3W dGOHO OHWV NOV 3H1 HO HAUAAN Reviewed By: J� n T Le al ❑ Agenda Item Number y g CIF Finance ❑ EST. �® 1836 Engineer y City Administrator �❑ Tracking Number Consultant ❑ __ P y%i C2009 -6'1 <GE �b� ❑ City Council Agenda Item Summary Memo Title: Saravanos Properties—Sitework Letter of Credit Reduction#1 Meeting and Date: C iTy NIMb L 3JOW U8, Synopsis: Letter of credit reduction of$297,290.87 based on substantially completed work. Remaining amount of LOC would be$193,573.88. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: copy Memorandum EST. , 1836 To: Brendan McLaughlin, City dministr for From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City rk N Date: March 11 , 2008 Subject: Saravanos Properties — Sitework LOC Reduction #1 First Midwest Bank LOC #150017273-202 Attached find a request from Smith Engineering, consultant for the developer, to reduce the sitework letter of credit for the Saravanos development (Stagecoach Crossing). I have reviewed the request and concur with the amount of work completed to date. I recommend that First Midwest Bank LOC #150017273-202 for the Stagecoach Crossing be reduced by the amount of $297,290.87. The amount remaining in the letter of credit would be $ 193,573 .88. Refer to the attached spreadsheet for details. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. Page 1 of 1 Joe Wywrot From: Berry Kevin [Kberry@secgroupinc.com] Sent: Friday, February 22, 2008 10:57 AM To: larrysaravanos @mac.com; jwywrot @yorkville. il.us Subject: Saravanos Property LOC Reduction 2008 Attachments: SARAVANOS LOG Reduction 3-Overall.xis; SARAVANOS LOG Reduction 3 - Earthwork.xls Joe, Attached are the proposed letter of credit reductions for the Saravanos Property. Please review. Thanks. Kevin Berry, P. E. Civil Engineer II Smith Engineering Consultants A division of SEC Group 651 Prairie Pointe Drive, Suite 201 Yorkville, IL 60560 t. 630.553.7560 f. 630.553.7646 www. ecgroupinc com The contents of this transmission and any attachments are confidential and intended for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. 2/22/2008 11 -Mar-08 Letter of Credit/Bond Reduction Subdivision: Saravanos Development Reduction No. 1 Bond/LOC No. First Midwest Bank LOC #150017273-202 (Supplemental LOC for balance of Land Improvements) Approved Theoretical LOC Amount Substantially Complete Amount of Remaining Item Eng. Est. Amount of LOC Prior to Red.#1 Prior to Red.#1 Red.#1 Amount Site Construction $452,426.25 $497,668.88 $298,317.67 $413,968.63 $193,918.99 $104,398.68 Storm Sewer $1483049.50 $162,854.45 $22,207.43 $148,049.50 $0.01 $22,207.43 Watermain $85,826.00 $943408.60 $12,873.90 $852826.00 $0.00 $12,873.90 Sanitary Sewer $79, 155.00 $87,070.50 $113873.25 $79, 155.00 $0.00 $113873.25 Landscaping $201 .750.00 $221 .925.00 $145,592.50 $189, 162.50 $103,371 .88 $42,220.63 Totals $967,206.75 $1 ,0631927.43 $490,864.75 $9163161 .63 $2973290.87 $193,573.88 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. Reviewed By: J= T Legal ❑ Agenda Item Number Finance ❑ C A # 1g EST. ® 1838 Engineer yw W City Administrator L1 Tracking Tracking Number Consultant F-1 VV eCS�$ ' S� City Council Agenda Item Summary Memo Title: Saravanos Properties—Earthwork Letter of Credit Reduction No.3 Meeting and Date: CiTy CouriClt_ 31as10C3 Synopsis: Letter of credit reduction of$19,554.78 is based on substantially completed work. Remaining amount of LOC would be $26,039.10. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/Pk A Memorandum q � esr , ` leas To: Brendan McLaughlin, City Adminis tr for 09 ® d y From: Joe Wywrot, City Engineer U p CC: Lisa Pickering, Deputy City rk �? Date: March 11 , 2008 Subject: Saravanos Properties — Earthwork LOC Reduction #3 First Midwest Bank LOC #150017273-201 Attached find a request from Smith Engineering, consultant for the developer, to reduce the earthwork letter of credit for the Saravanos development (Stagecoach Crossing). I have reviewed the request and in general concur with the amount of work completed to date. The only difference is the amount of erosion/sediment control work performed; where Smith has asked for full credit while we typically do not reduce beyond the 50% level. I recommend that First Midwest Bank LOC #150017273-201 for earthwork in the Stagecoach Crossing development be reduced by the amount of $19,554.78. The amount remaining in the letter of credit would be $26,039. 10. Refer to the attached spreadsheet for details. Please place this item on the Public Works Committee agenda of March 18, 2008 for consideration. Page 1 of 1 Joe Wywrot From: Berry Kevin [Kberry@secgroupinc.com] Sent: Friday, February 22, 2008 10: 57 AM To: larrysaravanos @mac.com; jwywrot @yorkville.il.us Subject: Saravanos Property LOC Reduction 2008 Attachments: SARAVANOS LOC Reduction 3-Overall.xls; SARAVANOS LOC Reduction 3 - Earthwork.xls Joe, Attached are the proposed letter of credit reductions for the Saravanos Property. Please review. Thanks. Kevin Berry, P.E. Civil Engineer II Smith Engineering Consultants A division of SEC Group 651 Prairie Pointe Drive, Suite 201 Yorkville, IL 60560 t. 630.553.7560 f. 630.553.7646 www..secgrou p inc.com The contents of this transmission and any attachments are confidential and intended for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. � ' - Ar \ 2/22/2008 11-Mar-O8 Letter of Credit/Bond Reduction Subdivision: Saravanos Properties Reduction No. 3 First Midwest Bank LOC #150017273-201 (Site Dev. Permit LOC) Theoretical Actual Approved Letter of Credit Letter of Credit Remaining after Substantially complete Remaining Item Eng. Est, Amount Amount Reduction No.2 prior to Red. #3 Reduction No.3 Amount EARTH EXCAVATION (TO BE USED AS FILL) $48,090.00 $52,899.00 $112,097.70 $14,066.33 $48,090.00 $6,852.83 $7,213.50 EARTH EXCAVATION (TO BE IMPORTED) $21 ,555.00 $23,710.50 $23,710.50 $6,304.84 $21 ,555.00 $3,071 .59 $3,233.25 TOPSOIL STRIPPING 12" $23,600.00 $25,960.00 $25,960.00 $6,903.00 $23,600.00 $3,363.00 $3,540.00 TOPSOIL RESPREAD 12" $7,507.50 $8,258.25 $8,258.25 $3,265.76 $7,507.50 $2,139.64 $1 ,126.13 TOPSOIL ( TO BE DISPOSED OF) $28,966.50 $31 ,863.15 $31 ,863.15 $8,472.70 $283966.50 $4,127.73 $4,344.98 SILT FENCE w/MAINTENANCE $10.530.00 $11 .583.00 $11 .583.00 $6Z81 .25 $5265.00 $0.00 $6,581 .25 Totals $140,249.00 $1543273.90 $213,472.60 $45,593.88 $134,984.00 $19,55478 $26,03910 Notes: 1 ) LOC/Bond amt. to be 15% of subsantially completed items plus 110% of uncompleted items. ♦��D C/Ty Reviewed By: Agenda Item Number J2 T Legal ❑ C �� EST. 1836 Finance �0 Engineer )8 zz 3 t' Tracking Number g G y City Administrator ❑ S1 �O Consultant ❑ ?W aDDB _59 <LE Agenda Item Summary Memo Title: Raging Waves—Letter of Credit Reduction 42 Meeting and Date: C10 COUKtCIL 3/ -6/08 Synopsis: This reduction request is based on work completed to date. Recommend a reduction of$794,822.96. The remaining LOC amount would be $428,925.01 Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST. 1 1836 To: Brendan McLaughlin, City 'stra r oCsl From: Joe Wywrot, City Engineer U . p CC: Lisa Pickering, Deputy City C k <LE 1V� Date: March 11 , 2008 Subject: Raging Waves — Letter of Credit Reduction #2 Attached find a request from the developer's consultant to reduce the letter of credit for sitework. I have reviewed the request and concur with the amount of work performed to date. The developer's calculations, however, indicate that several of the individual work categories cost significantly more than originally estimated. We must use the original estimate, however, to calculate reductions since the letter of credit is based on the original estimate. I recommend a reduction to Comerica Bank Letter of Credit #628335-04 in the amount of $794,822.96. The remaining amount of the letter of credit would be $428,925.01 . Please refer to the attached spreadsheet for details. Please place this item on the March 18, 2008 Public Works Committee agenda for consideration. 11 -Mar-08 Letter of Credit/Bond Reduction Subdivision: Raging Waves Reduction No. 2 Bond/LOC No. Comerica Bank LOC #628335-04 Remarks: Sitework LOC/Bond Approved Theoretical amount Actual amount Amount prior Amount complete prior Amount of Amount to remain Item Eno. Est. for LOC/Bond for LOC/Bond to Red.#2 to Reduction No.2 Reduction No.2 after Red. No.2 Earthwork $693,698.65 $763,068.52 $512,689.63 $104,054.80 $693,698.65 $0.00 $1043054.80 Erosion Control $91 ,715.00 $100,886.50 $67,783.51 $57,321 .88 $45,857.50 $0.00 $57,321 .88 Pavement $340,383.90 $3743422.29 $2512075.31 $251 ,075.31 $300,613.90 $162,236.23 $88,839.09 Watermain $335,813.26 $369,394.59 $2473703.90 $247,703.90 $335,813.26 $197,331 .91 $50,371 .99 Sanitary Sewer $166,177.00 $182,794.70 $122,576.13 $1223576.13 $166, 177.00 $97,649.58 $24,926.55 Storm Sewer $574,526.00 $6313978.60 $423,784.13 $423,784.13 $574,526.00 $337,605.23 $86, 178.90 Miscellaneous $10,000.00 $113000.00 $7,376.24 $73376.24 $0.00 $0.00 $7,376.24 Striping $3,361 .25 $3,697.38 $23479.34 $2,479.34 $0.00 $0.00 $2,479.34 Traffic Control $10.000.00 $11 .000.00 $7,376.24 $7,376.24 $0.00 $0-00 $7,376.24 Totals $2,225,675.06 $2,448,242.57 $1 ,642,844.44 $1 ,223,747.97 $7399556.15 $794,822.96 $428,925.01 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. Raging Waves percentage of earthwork/erosion control is $527,702.85 , which is 67. 19% of the total Raging Waves percentage of sitework is $965.792.09 , which is 67.06% of the total Totals $13493,494.95 x 110%= $1 ,642,844.44 March 7, 2008 Mr. Joe Wywrot City Engineer UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, 11 60560 RE: Second Letter of Credit (Comerica) Reduction Request — Raging Waves, LLC "A" Dear Joe: Further to our recent telephone conversations, we respectfully submit herewith our second Letter of Credit reduction request for Comerica (4628335-04) in the amount of $888,368.00 representing 85% of pavement (curb/gutter and binder only), storm sewer, sanitary sewer, and water main work completed to date. We have utilized the City's Excel spread sheet format to demonstrate the reductions. A running chronology of past reductions is provided for reference: 1) On November 2, 2006, we posted an Irrevocable Letter of Credit (LOC) in the amount of $551,106.09 in favor of the United City of Yorkville, Illinois for the account of the Lundmark Group, LLC. The LOC (No. 14368) represented collateral for mass grading to be accomplished on proposed Lots 2 and 3 of the approved but unrecorded Final Plat entitled "O'% Subdivision — Phase I': That LOC was formally released, in full, by the Mayor and City Council on June 26, 2007. 2) On May 8, 2007, we posted a second Irrevocable Letter of Credit (LOC) in the amount of $1,642,844.00 in favor of the United City Of Yorkville, Illinois for the account of Raging Waves, LLC — Series "A". The LOC (No. 628335-04) represents replacement collateral for mass grading and new collateral for storm sewers/drainage, water mains, sanitary sewers, curb/gutter and pavement surface (public and private) and miscellaneous improvements to be constructed on proposed Lots 2 and 3. The amount of the aforementioned LOC is 110% of the Eneineer's Estimates of Probable Cost for Raging Waves only bearing the most recent revision date of April 2, 2007. 3) Inasmuch as the Comerica LOC included a duplicate amount of $580,473.14 for mass grading (which was previously covered by the Valley Community Bank LOC) we respectfully request that the United City of Yorkville, Illinois hereby authorize a reduction of 85% of $580,473.14 or $493,402.17 in accordance with the applicable portions of the Subdivision Control Ordinance and our Annexation Agreement approved September 26, 2006. 4) On August 14, 2007, the Yorkville City Council reduced the aforementioned LOC by $4199 096.47 leaving an available balance in the LOC of $1,223.747.97. 5) The attached spread sheet shows that if the LOC reduction request is approved as submitted and requested, the LOC will be reduced to $379,379.12, down from the original posted amount of $1,642.844.44. Please accept our sincere thanks for your help and guidance and if I can provide further information or comment, please advise.. .. Respectfully submitted, JAMES N. URHAUSEN, President/CEO THE URHAUSEN GROUP FOR: RAGING WAVES, LLC — SERIES "A" City of Yorkville Letter of Credit/Bond Reduction Subdivision: RAGING WAVES LLC Reduction No. 1 2 Bond/LOC No. COMERICA LOC #628335-04 LOC/Bond Approved Actual Amount Amount complete prior Amount of Amount to remain Item Eng. Est. for LOC/Bond to Reduction No. 2 Reduction No. 2 after Red. Nos. 1 &2 Earthwork $693,698.65 $512,689.65 $693,698.65 -0- $104,054.80 Erosion Control $91 ,715.00 $67,783.51 $45,857.50 -0- $57,321 .88 Watermain $335,813.26 $247,703.90 $519;584.00 $210, 548.32 $37, 155.58 Storm Sewer $574,526.00 $423,784.00 $767;244.00 $360,216.40 $63,567.60 Pavement $340,383.90 $2512075.31 $230,705.00 $2133414.01 $81 ,661 .29 Sanitary $166,177.00 $122,576. 13 $335,526.00 $104, 189.71 $18,386.42 Miscellaneous $10,000.00 $7,376.24 -0- -0- $7,376.00 Striping $33361 .25 $2,479.34 -0- -0- $2,479.34 Traffic Control $10,000.00 $7,376.24 -0- -0- $7,376.24 Totals $2,225,675.06 $1 ,642,844,44 $2,592,615.15 $8880368.44 $379,379.12 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. Column "E" amoi unts reflect 85% of amounts shown in C Column "C"plus $44,000.00 for final lift on Rosenwinkle 7-Mar-08 :JNU Reviewed By: Agenda Item Number J2 y a T Legal ❑ C �(� Finance ❑�,J EST. , 1836 Engineer gyp- .5 «1O X Tracking Number 0 City Administrator ❑ 9 `�O Consultant ❑ P W 0700$ -57 Agenda Item Summary Memo Title: Bristol Bay Phase 1 (Units 1-8)—Earthwork Bond Reduction#2 Meeting and Date: 'CITY COUNCIL NdS/Gg Synopsis: This reduction in the amount of$141,420.53 is based on work completed to date. The remaining bond amount would be $261,887.51. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Cl p, ,2 p� Memorandum EST. , \ 1836 To: Brendan McLaughlin, City dministrRfor y From: Joe Wywrot, City Engineer U 1� CC: Lisa Pickering, Deputy City ferk <LE Date: March 12, 2008 Subject: Bristol Bay Phase 1 (Units 1 -8) - Earthwork Bond Reduction #2 Attached find a letter from Centex Homes to reduce the bond amount for earthwork in Units 1 -8 of Bristol Bay, and also to create individual earthwork bonds for each unit. Creating the individual bonds makes it easier to track as we work through the acceptance process for each unit. I have reviewed the request and calculations and concur with the work completed to date. I recommend that Fidelity & Deposit Company of Maryland Bond #8771376 be reduced by the amount of $141 ,420.53 . The remaining amount of the bond would be $261 ,887.51 . If approved, this bond would be replaced with individual bonds for Units 1-8 totaling $261 ,887.51 . Please refer to the attached spreadsheet for details. Please place this item on the March 18, 2008 Public Works Committee agenda for consideration. City of Yorkville 12-Mar-08 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Phase 1 (Units 1-8) Reduction No. 2 Bond/LOC No. Fidelity & Deposit Company of Maryland; Bond #8771376 LOC/Bond Approved Original amount Bond amount prior Amount of Amount to remain Item Eno. Est. for LOC/Bond to Reduction No.2 Reduction No.2 after Red. No.2 Unit 1 Earthwork $1705588. 11 $187,624.92 $46,225.71 $16,209. 11 $30,016.60 Unit 2 Earthwork $122,11719 $134,328.91 $33,095.02 $11 ,604.81 $21 ,490.20 Unit 3 Earthwork $126,998.98 $139,698.88 $343418.03 $12,068.73 $22,349.30 Unit 4 Earthwork $115,365.12 $126,901 .63 $31 ,265. 14 $10,963. 16 $20,301 .97 Unit 5 Earthwork $227,529.39 $250,282.33 $61 ,662.81 $21 ,622. 15 $403040.66 Unit 6 Earthwork $223,961 .64 $246,357.80 $60,695.91 $21 ,283. 11 $39,412.80 Unit 7 Earthwork $88,864.79 $97,751 .27 $24,083.27 $8,444.84 $15,638.44 Unit 8 Earthwork $412.759.80 $454.035.78 $111 ,862. 15 $39,224.62 $72.637.53 Totals $1 ,4883165.02 $1 ,636,981 .52 $403,308.04 $141 ,420.53 $2613887.51 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. d) Individual previous reduction amounts were calculated by pro-rating previous reduction among all 8 units. Reduction #1 reduced earthwork bond to $403,308.04 F_'e�in IIIInC � Ru __, PM1One- f�YlA -. n�-o:i01i CENTEX HOMES . ary 13.1-1 iii-h1 _ 1 � larC �i l �. _�IIIIA \ It of , \V vt,Vlot Yorks ille Uih FmTinccI SUIT Game Funs Road Yorlccille_ IL (ili ,btl KI I;r, - tz''I ki ;; ALla; i lrai' itl Rid !n_ tinn �Z�clur�l r nn under'stLilldl11 ' ih.0 the ntas. I'LldML2 im1110 % cment; at k iklol B3 I \ Pha.,c 1 :Ire nit l]Sl;lilllpll \ CCi)71) IitC, rat tills LIInC. CilllA 1I0IIIC� ' I� re�,p.:CLlilllc IOCILIeSUn �' :l 11olkl raiuction olS14tl.4_ n_ ili _ lhic altei the current bond X11 tiau_ . ;nL� to a ❑eta total o. ( 520 The attached spIcakhcct indicates the brCllkoUt between anit <, II vkill hack any yuc;tiuns. please contact me at 8471,' 7 - 7( 174) . 'I hLink vou- Sinrcrcl � . licth Dimang Land Doeloprnent field �\1anaker Cc . Jcrnniler Fischer. City of Yorkx ilte `,kf D c/p. Reviewed By: Agenda Item Number J= 4 $ 0 Legal ❑ C Wc2 Finance ESM 1836 Engineer . l a In r= �L � Tracking Number 0 City Administrator ❑ Consultant ❑❑ PW Ats - 5J.-8 <CE ��. Agenda Item Summary Memo Title: Bristol Bay Unit 4—Final Acceptance &Bond Reductions Meeting and Date: CITY 6U WO 1. 31d51O& Synopsis: Centex Homes has requested that the city accept the public improvements in Bristol Bay Unit 4 for ownership and maintenance. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval, subject to receipt of bills of sale. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: C/Ty Memorandum EST. �`. ., 1836 To: Brendan McLaughlin, City d .ministrator W From: Joe Wywrot, City Engineer p CC: Lisa Pickering, Deputy City Jerk " Eric Dhuse, Director of Public Works <LE Date: March 12, 2008 Subject: Bristol Bay Unit 4 — Final Acceptance & Bond Reductions Attached find a request from Centex Homes for the city to accept the public improvements in Bristol Bay Unit 4 for ownership and maintenance. The punchlist has been completed except for planting a missing parkway tree at Lot 1210 and cleaning/sealing the edge-of-pavement joints. Both of these items are weather related, and the developer has asked that we allow them to complete those items this spring during the one-year warranty period. Corresponding to final acceptance are reductions to the three bonds in place for Unit 4. I recommend that the earthwork bond for Unit 4 be reduced by the amount of $8,765.46. The remaining earthwork bond amount would be $ 11 ,536.51 . I recommend that Armor Assurance Co. Bond #ARM10354 for sitework be reduced by the amount of $ 146,805.85. The remaining sitework bond amount would be $ 111 ,732. 14. 1 recommend that Safeco Insurance Co. Bond #6544063 for landscaping be reduced by the amount of $58,696. 10. The remaining landscape bond amount would be $ 17,401 . 10. Please refer to the attachment for details. Please place this item on the March 18, 2008 Public Works Committee agenda for consideration. City of Yorkville 12-Mar-08 Letter of Credit/Bond Reduction Subdivision: Bristol Bay Unit 4 Reduction No. Final Acceptance Bond/LOC No. Earthwork - To be determined Sitework - Armor Assurance Co. Bond #ARM10354 Landscaping - Safeco Insurance Co. Bond #6544063 Approved Theoretical Bond amount prior Amount of Warranty Bond Item Eng. Est. Original Bond Amt. to Final Reduction Final Reduction amounts to remain Earthwork $115,365. 12 $126,901 .63 $20,301 .97 $83765.46 $11 ,536.51 Sitework $1,117,321 .36 $258,537.99 $258,537.99 $1463805.85 $111 ,732. 14 Landscaping $174,011 .00 $76.097.20 $76.097.20 $58.696. 10 $17,401 . 10 Totals $1 ,4063697.48 $461 ,536.82 $3543937. 16 $214,267.41 $140,669.75 Notes: a) LOC/Bond amt. to be 15% of substantially completed items plus 110% of uncompleted items prior to final acceptance. b) LOC/Bond reduced to 10% at final acceptance. c) Manual input required for cells highlighted in yellow. CENTEX HOMES 2205 Point Boulevard Elgin, Illinois 60123 Phone: (847) 783-6300 Fax: (847) 783-6781 February 29, 2008 Mr. Joe Wywrot Yorkville City Engineer 800 Game Farm Road Yorkville, IL 60560 RE : Bristol Bay - Unit 4 Dear Mr. Wywrot: It is my understanding that the public improvements at Bristol Bay Unit 4 are complete. At this time, Centex Homes' is respectfully requesting to have the unit put on the twelve- month maintenance period. If you have any questions, please contact me at 847-875-7079. Thank you. Sincerely, Beth Dismang Land Development Field Manager Cc : Jennifer Fischer, City of Yorkville MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLRIQIS HELD IN THE CITY COUNCIL CHAMBERS. IDRAFT 800 GAME FARM ROAD ON TUESDAY, FEBRUARY 26, 2008. Mayor Burd called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward Leslie Present Werderich Present Ward Il Golinski Present Plocher Present Ward III Manus Present Sutcliff Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, City Attorney Gardner, City Administrator McLaughlin, Assistant City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Lieutenant Hart, Director of Park & Recreation Mogle, Community Development Director Miller and Public Relations Officer Spies. - QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Bard asked the staff and guests to introduce themselves. She welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Administrator McLaughlin noted an adjustment to the bill list per a memo from Assistant City - Administrator Olson. Alderman Spears made a motion to remove item #9 — PC 2007-14 Yorkville Crossing PUD Amendment Request from the consent agenda and place it on the regular agenda under the Economic Development Committee Report; seconded by Alderman Werderich. Motion approved by a viva voce vote. Alderman Spears suggested that the Yorkville Crossing PUD be tabled until March. Alderman Leslie indicated that this is a time sensitive matter; Wal-Mart needs to have this approved by the end of February. Mayor Burd noted that the delay in getting the ordinance and agreement to the City Council for review before a vote was not Wal-Mart's fault. Administrator McLaughlin further noted that staff has tried to keep this moving. Alderman Spears stated that she discussed the matter with Director Miller who explained that staff has worked diligently on the matter however she felt she was not prepared to vote on the matter. She stated that she would like time to compare the original paperwork with the new information. Alderman Werderich commented that he was also uncomfortable voting on the matter due to the last minute details. The property owner's lawyer, John Duggan, commented that there are government contracts that need to be approved by March 3, 2008. If Wal-Mart does not receive these, they can terminate their contract. There was some discussion regarding last minute concerns with the agreement, problems with the substance of the documents, question regarding monetary reimbursements, concerns with the stormwater basin, etc. Mayor Burd noted that it was already approved to remove the item from the consent agenda so she suggested further discussion or tabling the item be done when it came up on the regular agenda. A motion was made by Alderman Spears to table Item #2 - COW 2007-35 - Authorizing the execution of an Intergovernmental Agreement between the United City of Yorkville and the Village of Montgomery under the Mayor's Report until the February 26, 2008 City Council meeting; seconded by Alderman Golinski. The Minutes of the Reeular Meeting of the City Council — February 26, 2008 — page 2 Motion defeated by a roll call vote. Ayes-2 Nays-5 Abstain-1 Munns-nay, Spears-aye, Plocher-nay, Werderich-nay, Golinski-aye, Leslie-abstain, Sutcliff-nay, Bard- nay Mayor Hurd asked that the second presentation, Yorkville Green Committee Update, be removed from the agenda. COMMITTEE MEETING DATES Public Works Committee 6:00 P.M, Tuesday, March 18, 2008 City Hall Conference Room Economic Development Committee 7:00 P.M., Thursday, March 6, 2008 City Hall Council Chambers Administration Committee 7:00 P.M., Thursday, March 13, 2008 City Hall Council Chambers Public Safety Committee 6:00 P.M, Thursday, February 28, 2008 City of Yorkville Conference Room PRESENTATIONS Hoover Outdoor Education Center Property Director of Parks and Recreation Dave Mogle reported that an ad hoc committee has been established between the United City of Yorkville and the Forest Preserve District to develop a long-term lease for the joint use of the Hoover Outdoor Education Center property. He then gave a power point presentation (see attached) giving the history of the acquisition of the property. He commented that the entire county will benefit from the collaboration of the city and the district. Mayor Burd noted that there was a meeting scheduled on February 27, 2008 with the Forest Preserve district to continue the discussion of the Hoover property. She stated that she was looking forward to working with the District and indicated that the City Council supports the partnership. Alderman Golinski thanked Director Mogle for the presentation of the history of the city's involvement with Hoover. He explained that he was a member of the Park Board when the original lease agreement was negotiated and he was looking forward to a continued partnership. PUBLIC HEARINGS Raycorp Raycorp, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois requesting an Annexation Agreement Amendment Ordinance 2004-56, rezoning from the United City of Yorkville R-2 Duplex Two-Family District to the United City of Yorkville B-3 Highway Business District, The real property consists of approximately 23.95 acres, located at 10312 Route 71, Yorkville Illinois 60560. The property location is approximately ''/. mile west of the intersection of Stare Routes 71 and 47, on the north side of Route 71. Please see attached Report of Proceedings by Chris Vitosh, C.S.R. from Depo Court Reporting Service for the transcription of this portion of the public hearing. CITIZEN COMMENTS Mike Heiman, 501 Game Farm Road, expressed his concern with the extension of a sidewalk on the west side of Game Farm Road, north of the high school. He noted that only four houses will be serviced by the sidewalk on this side of the road and suggested it would be better to have the sidewalk on the east side. He further noted that there is a 100-year-old oak tree in the path of the proposed sidewalk that would have to be removed. He also questioned the 10' right-of-way... CONSENT AGENDA 1 . Monthly Budget Report for December 2007 (ADM 2008-07) 2. Monthly Treasurer's Report for December 2007 (ADM 2008-08) 3. Ordinance 2008-07 — Amending the Code of Ordinances of the United City of Yorkville, requiring a quorum physically present at a regular meeting and allowing aldermen to be present by video or audio conference — authorize Mayor and City Clerk to execute (ADM 2008-12) 4. Ordinance 2008-08 — Amending the Code of Ordinances of the United City of Yorkville, providing for the indemnification of elected officials- authorize Mayor and City Clerk to execute (ADM 2008-13) The Minutes of the Reeular Meetins of the City Council - February 26, 2008 - uaee 3 S. Northern Illinois Municipal Electric Cooperative - authorize Finance Director to add city to the NIMBC bid list for electric costs(ADM 2008-14) 6. Resolution 2008- 04 - Approving the Preliminary and Final Plat of Subdivision for Menard's - Commercial Commons 6" Addition - authorize Mayor and City Clerk to execute (PC 2007-38) 7. Letterle Property Annexation and Zoning (PC 2007-35) a. Ordinance 2008-09 - Authorizing the execution of an Annexation Agreement - authorize Mayor and City Clerk to execute b. Ordinance 2008-10 - Annexing - authorize Mayor and City Clerk to execute c. Ordinance 2008-11 - Rezoning - authorize Mayor and City Clerk to execute 8. Resolution 2008-05 - Approving the Preliminary Plan and Final Plat of Subdivision for Lincoln Prairie - authorize Mayor and City Clerk to execute(PC 2007-27) 9. Tuscan Plaza Second Amendment to the Redevelopment Agreement (EDC 2008-04) a. Ordinance 2008-12 - Approving the Second Amendment to the Tuscan Plaza, Inc. Redevelopment Agreement - authorize Mayor and City Clerk to execute 10. Galena Road Watermain Recapture Agreement - MPI (Grande Reserve ) - authorize Mayor and City Clerk to execute (EDC 2008-05) 11 . Resolution 2008-06 - Approving a Financial Institution Land Use/Location Policy - authorize Mayor and City Clerk to execute (EDC 2007-34) 12. Water Department Reports for November 2007 (PW 2008-10) 13. Water Department Reports for December 2007 (PW 2008-11 ) 14. Ordinance 2008-13 - Repealing Old Park Development Standards and Adopting New Park Development Standards for the United City of Yorkville - authorize Mayor and City Clerk to execute (PW 2008-16) 15. Sunfield Restaurant - Route 34 Sidewalk Easement - authorize Mayor and City Clerk to execute (PW 2008-17) 16. Tuscan Plaza - Plat of Easement - authorize Mayor and City Clerk to execute (PW 2008-18) 17. Kendall County Courthouse Expansion - Plat of Easement - authorize Mayor and City Clerk to execute (PW 2008-19) 18. Kendall Marketplace - Plats of Easement (Lots 1, 54 & 55) - authorize Mayor and City Clerk to execute (PW 2008-20) 19, Morgan Street Townhomes - Plat of Development and Easements- authorize Mayor and City Clerk to execute (PW 2008-21) 20. Kendallwood Estates - Watermain Reimbursement Agreement - authorize Mayor and City Clerk to execute (PW 2008-22) 21 . Resolution 2008-07 - IDOT Highway Permit No. 2 - Kendallwood Estates - authorize Mayor and City Clerk to execute (PW 2008-23) 22. Fox Hill Unit 7 - Final Acceptance and Letter of Credit Reduction - accept public improvements for ownership and maintenance, subject to receipt ofsatisfactory bills ofsale and authorize a reduction in Old Second Bank Letter of Credit No. 2942 in an amount not to exceed $181,235.37, subject to verification that developer has no outstanding debt owed to city (PW 2008-24) 23. Gawne Lane Watermain and Roadway Improvements - Change Order #1 - approve a decrease in an amount not to exceed $16,195.20 and authorize Mayor to execute (PW 2008-25) 24. Countryside Parkway (E. Kendall - Center Parkway) - Change Order 42 - approve a decrease in an amount not to exceed $13,016.92 and authorize Mayor to execute (PW 2008-26) 25. Raymond Storm Sewer Outfall - Change Order 45 - approve an increase in an amount not to exceed $20,289. 75 and authorize Mayor to execute (PW 2008-27) 26. In-Town Road Program - Roadway Change Order #4 - approve an increase in an amount not to exceed $60,341.54 and authorize Mayor to execute (PW 2008-28) 27. Blackberry Woods - Letter of Credit Reductions #I - authorize a reduction in Castle Bank Letter of Credit No. 7000262003-901 in an amount not to exceed $623,680.99 for earthwork and a reduction in Castle Bank Letter of Credit No. 7000262003-902 in an atnount not to exceed $1,954,681. 14 for sitework, subject to verification that developer has no outstanding debt owed to city (PW 2008-29) 28. Briarwood Subdivision - Bond Reduction #2 - authorize a reduction to Safeguard Bond No. 5012882 in an amount not to exceed $25, 719. 16, subject to verification that developer has no outstanding debt owed to city (PW 2008-30) 29. Raintree Village Units 1, 25 35 & 4 - Letter of Credit Expiration - authorize City Clerk to call letter of credit if not renewed by April 18, 2008 (PW 2008-31 ) 30. Grande Reserve Units 2 & 5 - Letter of Credit Expiration - authorize City Clerk to call letter of credit ifnot renewed by April 18, 2008 (PW 2008-32) 31 . Grande Reserve Units 12, 13 & 19a - Supplemental Earthwork Letter of Credit Expiration - authorize City Clerk to call letter of credit if not renewed by April 18, 2008 (PW 2008-33) 32. Grande Reserve Unit 22 - Sitework Development Permit Letter of Credit Expiration - authorize City Clerk to call letter of credit if not renewed by May 8, 2008 (PW 2008-34) 33. The National Bank - Site Development Permit Letter of Credit Expiration - authorize City Clerk to call letter oferedit if not renewed by April 18, 2008 (PW 2008-35) The Minutes of the Regular Meeting of the City Council — February 26, 2008 — page 4 34. Saravanos Development — Sitework Permit Letter of Credit Expiration — authorize City Clerk to call letter of credit ifnot renewed by May 30, 2008 (PW 2008-36) 35. Ordinance 2008-14 — Approving an Intergovernmental Agreement between the United City of Yorkville and the Fox Metro Water Reclamation District — authorize Mayor and City Clerk to execute (PW2008-38) 36. Agreement between United City of Yorkville Parks and Recreation Department and Yorkville Youth Baseball/Softball Association — authorize Mayor to execute (CC 2008-10) 37. Resolution 2008-08 - Approving Athletic Field Use Policies and Procedures — authorize Mayor and City Clerk to execute (CC 2008-11) Mayor Burd entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Golinski; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Leslie-aye, runny, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Golinski-aye PLAN COMMISSION/ZONING BOARD OF APPEAL Director Miller reported that the next Plan Commission meeting was scheduled for March 12, 2008, the Zoning Board of Appeals meeting had been cancelled for lack of agenda items and the next Comprehensive Plan meeting was March 5, 2008. MINUTES FOR APPROVAL None. BILLS FOR APPROVAL A motion was made by Alderman Golinski to approve the paying of the bills listed on the Detailed Board Report dated February 20, 2008 totaling the following amounts: checks in the amount of$866,628.01 (vendors); $260,079.57 (payroll period ending 2/16/08); for a total of$1,126,707.58; seconded by Alderman Werderich. Alderman Spears questioned the following items: • Page 2 — Automotive Specialties, Inc. — Police-Repair Squad in the amount of$1,201 .05 for wearing apparel. Director Mika stated she would have to investigate the bill and report back to Alderman Spears. • Page 9 — Engineering Enterprises, Inc. — MFT — Faxon Road Extension- contingency - in the amount of$455.00. Director Mika stated she would have to investigate the bill and report back to Alderman Spears. Administrator McLaughlin stated that it may have been the line item that had the funds to cover expenses but he would verify this with City Engineer Wywrot. • Page 25 — Jason Palmer — streets — reimburse for tire damage due to road hazard - in the amount of$142.92. Director Dhuse explained that this was payment for tire damage done to a vehicle by the reflective markers in the road. Public Works employees have checked all the markers to see that they are safe. • Page 30 — Williams, Annette - Comm/Dev. — Computer Repair - in the amount of$40.00. Director Miller explained that this was reimbursement for a software item; the employee took a class in Access and purchased software. Director Mika noted that the reimbursement came out of computer funds and staff used the wrong line item. - Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Munns-aye, Plocher-aye, Spears-present, Sutcliff-aye, Werderich-aye, Golinski-aye, Leslie-aye REPORTS PUBLIC WORKS COMMITTEE REPORT Game Farm Road Sidewalk (PW 2008-13) A motion was made by Alderman Sutcliff to move Game Farm Road Sidewalk discussion up on the agenda to be polite to the people here to address the matter; seconded by Alderman Golinski. Motion approved unanimously by a viva voce vote. A motion was made by Alderman Plocher to approve eliminating the sidewalk on the west side of Game Farm Road, north of the high school, as presented; seconded by Alderman Golinski. The Minutes of the Regular Meetine of the City Council — February 26, 2008 — page 5 Alderman Sutcliff stated that Brian DeBolt from the school district spoke of concerns with the sidewalk location. The school district would like the current crosswalks to be used because of the walking pattern between the schools. She also commented that City Engineer Wywrot has contacted IDOT who understands the removal of the sidewalk. Mr. DeBolt addressed the Council and expressed concern with the safety of the children and others who use the school property. He noted that the proposed sidewalk doesn't go anywhere and that the current Yorkville Middle School will become the freshman campus next year. There was discussion regarding the location of the tree mentioned by Mr. Heiman, easements and using eminent domain to acquire the needed easement if the sidewalk is to remain ion the west side of the road. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Leslie-aye, Sutcliff-aye, Munns-aye, Spears-present, Plocher-aye, Werderich-aye, Golinski-aye MAYOR'S REPORT 2007 Annual Service Report (CC 2008-12) Mayor Burd stated that she was not going to read the report (see attached) at the meeting and recommended that the City Council read it at their leisure. She asked that if anyone had any questions or comments after reviewing the report that they direct them to her or the staff. She thanked Public Relations Officer Spies for preparing the report. Ordinance 2008-15 Authorizing the Execution of an Intergovernmental Agreement Between the United City of Yorkville and the Village of Montgomery (COW 2007-35) Mayor Burd entertained a motion to approve an ordinance authorizing the execution of an Intergovernmental Agreement between the United City of Yorkville, Illinois and the Village of Montgomery, Illinois, as presented, authorize Mayor and City Clerk to execute all documents. So moved by Alderman Munns; seconded by Alderman Hoofer. Mayor Burd stated that before she took office, the former mayor was negotiating a boundary agreement with Montgomery however it never was agreed upon. Yorkville has similar agreements with Plano, Oswego, Plainfield and Sugar Grove. She wanted this agreement to move forward so she asked Director Miller to help with it. Director Miller looked at the best boundary and addressed the city's needs. The Village of Montgomery has already accepted the boundary line. Director Miller explained the process he used to determine the boundary line. He elaborated on factors such as the county line, sanitary districts, street connections, stormwater management, etc. He also explained the appearance code clause in the agreement and Yorkville's design standards. Alderman Spears asked that the matter be tabled because Mr. Dixon, a property owner affected by the agreement, was unable to attend the meeting. She stated that he wanted the opportunity to address the City Council because he has many concerns and he was under the impression his property would remain in Yorkville. Alderman Spears asked for a two week delay. Mayor Burd noted that Mr. Dixon already addressed the City Council. She also noted that she met with Mr. Dixon and asked him to annex to Yorkville and he declined. If he had indicated he wanted to annex, she would agree to wait however the agreement has already been approved by Montgomery. She felt that if the Council did not approve it soon, the deal with Montgomery would fall apart. She explained that Montgomery agreed to Yorkville's requirements and she felt it was in the city's best interest to approve it. She felt that the Dixon property would probably develop as residential and would not be beneficial to Yorkville. She pointed out that the agreement has not been rushed through and ample time has been given to discussion. Alderman Spears expressed her concern that the agreement would force property owners to annex into Montgomery rather than giving them a choice. She noted that when the boundary agreement with Plano was negotiated, the two Council's sat down together to work it out. This did not happen with this agreement. She commented that she had been on the Council for nine years and there was no agreement with Montgomery. She questioned rushing things now without allowing Mr. Dixon an opportunity to address the Council. Mayor Burd explained that the agreement states that no one is forced to annex; the affected property owners could remain unincorporated. Alderman Golinski commented that he thought there would be more discussion about the Dixon property. He also questioned how Yorkville and Montgomery's design standards varied. Director Miller explained The Minutes of the Regular Meeting of the City Council — February 26, 2008 — Page 6 that none of the design standards in the agreement are Montgomery's as they have not adopted an appearance code. He also noted that Montgomery calculates density differently than Yorkville and that section 3 of the agreement addressing this is taken from the United City of Yorkville code. Alderman Golinski questioned Yorkville's right for a 1 '/< mile review of developments in Montgomery along the border and the length of the term of the boundary agreement which Director Miller explained to him. Alderman Golinski asked Director Miller if it was his professional opinion that the agreement was in the best interest of Yorkville. Director Miller indicated that he felt it was. He pointed out that Kane County is north of the Route 30 boundary and the difference in counties would create issues with administration, police, etc. This prompted a discussion regarding the affects on law enforcement if Yorkville was in two counties. Alderman Spears stated that Mr. Dixon spoke with President Michelini and was under the impression that his property would be in Yorkville. She was concerned with this and appalled that Mr. Dixon was being treated this way. Alderman Leslie stated that while be supported the staff s opinion that the agreement was in the best interest of Yorkville, he wished the vote had been tabled. Motion approved by a roll call vote. Ayes-5 Nays-2 Plocher-aye, Werderich-aye, Golinski-nay, Leslie-aye, Sutcliff--aye, Munns-aye, Spears-nay CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMPOSTATOR'S REPORT Ordinance 2008-16 Peg Fee Ordinance Amendment (CC 2008-13) Administrator McLaughlin noted that this amendment corrects a previous ordinance regarding how fees are administered. A motion was made by Alderman Golinski to approve an ordinance amending Ordinance No. 2007-98 amending the municipal code authorizing a CableNideo Service Provider Fee and Peg Access Support Fee, as presented, and authorize Mayor and City Clerk to execute; seconded by Alderman Sutcliff. Aldermen Spears and Leslie thanked Alderman Golinski for contacting the Cable Consortium attorneys regarding this matter. Alderman Golinski explained that is was confusing legislation but the ordinance has been corrected. Alderman Werderich questioned the pending litigation and Assistant City Administrator Olson explained that if some standards were not applied to ATT. Comcast could object. Motion approved by a mil call vote. Ayes-7 Nays-0 Werderich-aye, Golinski-aye, Leslie-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye Ordinance 2008-17 Approving the First Amendment to the Tuscan Plaza Development Agreement (CC 2008-14) Mayor Burd entertained a motion to approve an ordinance approving an amendment to the Tuscan Plaza Development agreement, as presented, and authorize Mayor and City Clerk to execute. So moved by Alderman Leslie, seconded by Alderman Munns. Director Miller explained the amendments to the development agreement which allow for the flexibility in zoning requirement to adjust for parking. The Minutes of the Reeular Meetine of the City Council — February 26, 2008 — page 7 Alderman Leslie expressed is disappointment that the project has not moved forward. He stated he would like to see the developer install a wood perimeter fence around the lot as the project is an eyesore. Aldermen Golinski, Manus and Plocher agreed. Administrator McLaughlin explained staffs frustration with the lack of movement on the project. He stated that the developer has not submitted final architectural plans and there are problems with the plans that have been submitted which will have to be addressed with variances. He suggested that the motion be subject to a fence being installed. The Council agreed and discussed the type of fence they would like to see installed. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Leslie-aye, Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that Well #3 will be back in operation soon. The motor has been installed and testing will begin tomorrow. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT Director Miller reported that the Plan Commission would be holding an open house for the Comprehensive Plan update on March 5, 2008 at the Library from 4:00 to 8:00 p.m. Mayor Burd encouraged the aldermen to attend. Director Miller also reported that the Comprehensive Plan Committee would be meeting on March 26, 2008 from 5:30 to 7:30 p.m. at the Library to discuss commercial and industrial land use. COMMUNITY RELATIONS OFFICER'S REPORT Fox Valley YMCA Sponsorship Request for Tri-City Challenge (CC 2008-15) Mrs. Spies reported that the YMCA was requesting sponsorship for the Tri-City Challenge. Last year the city contributed $1,500.00. This year they are asking for $300.00. She noted that to date they have not requested the use of the pavilion at the Riverfront Park. Alderman Spears commented that the request should go to the Human Resource Commission (HRC) for their review. She also noted that the maximum donation is $250.00. She was concerned with the precedent being set if an exception is made. Mayor Burd noted that last year the request went right to the City Council who approved to a donation of$1,500.00. There was discussion regarding the free use of the pavilion; input of the Park Board and HRC; funds being available in the budget for a donation of$300.00; HRC procedures not being followed, etc. Alderman Leslie stated that if the City Council would approve a donation in the amount of $250.00 he would personally contribute $50.00. A motion was made by Alderman Leslie to approve a sponsorship for the Tri-City Challenge in the amount of $250.00 with a match of $50.00 by Alderman Leslie and free use of the Riverfront Park pavilion; seconded by Alderman Golinski. Alderman Spears asked which account the $250.00 will be taken from mid Administrator McLaughlin stated he would find it in the administration budget. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Spears-present, Plocber-aye, Werderich-aye, Golinski-aye, Leslie-aye, Sutcliff-aye, Munns-aye The Minutes of the Regular Meeting of the City Council — February 26, 2008 — page 8 COMMUNITY & LIAISON REPORT School Board Meeting Alderman Sutcliff reported that she attended the School Board meeting where they discussed redoing the school libraries, tutoring programs, the Yorkville High School Book Club and the new freshman campus. Plan Commission Meeting Alderman Werderich reported that he attended the Plan Commission meeting for the Comprehensive Plan. He complimented the effort stating that there was a nice dynamic between the individuals involved. Aurora Area Convention and Visitors Bureau Mayor Burd question who would like to be the liaison to the Aurora Area Convention and Visitors Bureau and Alderman Golinski expressed interest. Alderman Spears asked to receive a list of the liaisons. COMMITTEE REPORTS ECONOMIC DEVELOPMENT COMMITTEE REPORT Approving an Amendment to the Downtown Tax Increment Financing Redevelopment Project Area which Removes Certain Parcels from the Project Area (EDC 2007-40) A motion was made by Alderman Leslie to approve an ordinance approving an amendment to the Downtown Yorkville Tax Increment Financing Redevelopment Project Area which removes certain parcels from the project area and authorize Mayor and City Clerk to execute all documents; seconded by Alderman Plocher. Alderman Golinski asked that this be sent back to the Economic Development Committee because Attorney Orr was not present to address a few questions he has. Alderman Spears suggested that if nothing was pending that could be affected by a delay the vote wait until Alderman Golinski's questions could be answered. A motion was made by Alderman Leslie to table an ordinance approving an amendment to the Downtown Yorkville Tax Increment Financing Redevelopment Project Area which removes certain parcels from the project area until the March 11, 2008 City Council meeting; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-6 Nays-1 Plocher-aye, Werderich-aye, Golinski-aye, Leslie-aye, Sutcliff-nay, Munns-aye, Spears-aye Ordinance 2008-18 Edward Health Ventures Amended Annexation Agreement and PUD Agreement (PC 2008-01) A motion was made by Alderman Leslie to approve an ordinance approving an amendment to the Amended Annexation and Restated Planned Unit Development Agreement for Fox Valley Farm Partnership, an Illinois Partnership, and Edward Health Ventures, an Illinois Non-For-Profit Corporation, and authorize Mayor and City Clerk to execute all documents; seconded by Alderman Plocher. Alderman Leslie commented that the amendment extends the time for the city to acquire the wooded portion of the property. Motion approved by a roll call vote. Ayes-7 Nays-0 Sutcliff-aye, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye, Golinski-aye, Leslie-aye Yorkville Crossing PUD Amendment Request (PC 2007-14) A motion was made by Alderman Leslie to approve an ordinance authorizing the execution of an amendment to the Planned Unit Development Agreement for Yorkville Crossing and authorize Mayor and City Clerk to execute; seconded by Alderman Plocher. Alderman Leslie reported that the contract on the properly is ready to expire and the property owner, Don Hammon, would like an extension. There was a discrepancy with the retail sale revenue and staff came up with items. The Minutes of the Regular Meeting of the City Council — February 26. 2008 — page 9 Mayor Hurd and Alderman Leslie noted that Wal-Mart is looking to reevaluate their commitment due to the economy. They may scrap the project because Wal-Mart is cutting back. Alderman Werderich commented that the City Council was put into a difficult situation. Mayor Burd stated that staff feels this way also. She indicated that she had the item placed on the agenda because Mr. Hammon indicated that stall was holding the project up and that the "drop dead date" was the end of February. There was a lengthy discussion regarding the negotiation between Wal-Mart acid Mr. Hammon, previous extensions, the sales tax rebate, the repayment period, the urgency in approving the amendments, IDOT concerns, the size of the pond on the property, etc. It was the consensus of the Council that they did not want to rush the amendment through without reviewing the documents which they received just before the meeting. A motion was made by Alderman Plocher to table the ordinance approving an amendment to the Amended Annexation and Restated Flawed Unit Development Agreement for Fox Valley Farts Partnership, an Illinois Partnership, and Edward Health Ventures, an Illinois Non-For-Profit Corporation for two weeks; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-5 Nays-2 Golinski-aye, Leslie-nay, Sutcliff-nay, Munns-aye, Spears-aye, Plocher-aye, Werderich-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADMDVISTRATION COMMITTEE REPORT No report. ADDITIONAL BUSINESS Sycamore Street Traffic Signal Alderman Munns asked for an update on the Sycamore Street traffic signal. Administrator McLaughlin reported that ComEd would be at the site in the next week and that bet equipment will be delivered in April. Polar Plunge Alderman Spears reported that the Polar Plunge would be held on Sunday, March 2, 2008 at the Loon Lake in the Silver Springs State Park. She stated that her daughter would be "plunging" and asked that anyone interested in making a donation should see her for details. Plano Transfer Station Alderman Golinski reported that the City of Plano was looking at having a transfer station on its western boundary which would impact Yorkville. Mayor Burd stated that she sent a representative to the Plano meeting and that this will be an agenda item in the future. Assistant City Administrator Olson reported that that Plano postponed the discussion because their Council was uncomfortable with the responsibility and lack of information. Further discussion has been scheduled for Monday, Mach 3, 2008. There was a brief discussion regarding the transfer station, the siting process and the impact on Yorkville. Administrator McLaughlin suggested that the Council contact the Plano Council to discuss any concerns. EXECUTIVE SESSION Mayor Burd entertained a motion to go into executive session for the purpose of: o For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. o For the purchase or lease of real property for the use of the public body. Mayor Burd noted that no action would result from the executive session. So moved by Alderman Leslie; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sutcliff-aye, Werderich-aye, Golinski-aye, Leslie-aye, Munns-aye, Plocher-aye The City Council adjourned into executive session at 10:00 p.m. The Minutes of the Regular Meeting of the City Council — February 26 2008 — pa 2e 10 The City Council returned to regular session at 10:20 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Munns; seconded by Alderman Leslie. Motion unanimously approved by a viva voce vote. Meeting adjourned at 10:21 P.M. Minutes submitted by: Jacquelyn Milsehewski, City Clerk City of Yorkville, Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE , ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above - entitled matter taken before CHRISTINE M . VITOSH , C . S . R . , on February 26 , 2008 , at the hour of 7 : 00 p . m . , at 800 Game Farm Road in the City of Yorkville , Illinois . D - 840108 Page 2 1 P R E S E N T : 2 MS . VALERIE BURD , Mayor ; 3 MR . GARY GOLINSKI , Alderman ; 4 MR . WALLY WERDERICH , Alderman ; 5 MR . ARDEN JOE PLOCHER , Alderman ; 6 MS . ROSE ANN SPEARS , Alderman ; 7 MR . MARTY MUNNS , Alderman ; 8 MS . ROBYN SUTCLIFF , Alderman ; 9 MR . JASON LESLIE , Alderman ; 10 MR . BRENDAN McLAUGHLIN , City Administrator ; 11 MR . WILLIAM POWELL , City Treasurer ; 12 MS , JACQUELYN MILSCHEWSKI , City Clerk . 13 14 A P P E A R A N C E S : 15 BY : MR . THOMAS G . GARDINER , appeared on behalf of the United 16 City of Yorkville , Illinois . 17 18 - - - - - 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983 - 0030 Page 3 1 ( Pledge of Allegiance ) 2 MAYOR BURD : Next we will have a 3 public hearing , Raycorp , petitioner , has filed 4 an application with the United City of 5 Yorkville , Kendall County , Illinois , requesting 6 an annexation agreement amendment ordinance , 7 2004 - 56 , rezoning from the United City of 8 Yorkville , R- 2 Duplex Two - Family District to the 9 United City of Yorkville B - 3 Highway Business 10 District . 11 The real property consists of 12 approximately 23 . 95 acres located at 10312 Route 13 71 , Yorkville , Illinois . 14 The property location is 15 approximately a quarter mile west of the 16 intersection of State Routes 71 and 47 on the 17 north side of Route 71 . 18 Is someone here to make this 19 presentation? 20 MR . McLAUGHLIN : Madame Mayor , 21 there is no one here this evening . We did 22 receive a letter late today from the petitioner 23 asking that the hearing be opened and continued 24 to March 12th . Depo Court Reporting Service ( 630 ) 983 - 0030 Page 4 1 MR . MILLER : March 25th would be 2 the City Council meeting , Brendan . 3 MR . McLAUGHLIN : I ' m sorry . 4 MR . MILLER : The letter refers to 5 the need for the continuation . The petitioner 6 has reapplied for a different zoning 7 classification which will necessitate a new 8 public hearing at the Plan Commission level and 9 that ' s scheduled March 12th . 10 The purpose of tonight ' s 11 public hearing was for the amendment to the 12 annexation agreement , so the request is to 13 continue tonight ' s public hearing to follow the 14 Plan Commission public hearing that ' s scheduled 15 for the 12th . 16 So the next City Council 17 meeting would be March 25th for this public 18 hearing , so Staff ' s recommendation for the 19 petitioner would be to continue this public 20 hearing to March 25th , would be the next date . 21 MAYOR BURD : The attorney says we 22 do not need to vote on that , so we will make a 23 note that this public hearing shall be continued 24 to March 25th . Depo Court Reporting Service ( 630 ) 983 - 0030 Page 5 1 ( Which were all the 2 proceedings had in the 3 public hearing ) 4 - - - 000 - - - 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983 - 0030 Page 6 1 STATE OF ILLINOIS ) ) ss : 2 COUNTY OF LASALLE ) 3 4 I , Christine M . Vitosh , a 5 Certified Shorthand Reporter , do hereby certify 6 that I reported in shorthand the proceedings had 7 at the hearing of the above - entitled cause and 8 that the foregoing Report of Proceedings , is a 9 true , correct , and complete transcript of my 10 shorthand notes so taken at the time and place 11 aforesaid . 12 I further certify that I am 13 neither counsel for nor related to counsel for 14 any of the parties to this suit , nor am I in any 15 way related to any of the parties to this suit , 16 nor am I in any way interested in the outcome 17 thereof . 18 I further certify that my 19 certificate annexed hereto applies to the 20 original transcript and copies thereof , signed 21 and certified under my hand only . I assume no 22 responsibility for the accuracy of any 23 reproduced copies not made under my control or 24 direction . Depo Court Reporting Service ( 630 ) 983 - 0030 Page 7 1 In testimony whereof , I have 2 hereunto set my hand this day of 3 , A . D . , 2008 . 4 5 6 Christine M . Vitosh , CSR 7 CSR No . 084 - 002883 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983 - 0030 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 09 : 03 : 46 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT AACVB AURORA AREA CONVENTION 022908 - SUPER 03 / 12 / 08 01 FINANCE - FEB . SUPER 8 01 - 120 - 65 - 00 - 5844 03 /25 / 08 1 , 199 . 17 MARKETING - HOTEL TAX INVOICE TOTAL : 1 , 199 . 17 VENDOR TOTAL : 1 , 199 . 17 ACCURINT ACCURINT - ACCOUNT #1249304 1249304 - 20080229 02 / 29 / 08 01 POLICE - FEBRUARY SEARCHES 01 - 210 - 65 - 00 - 5804 03 /25/ 08 69 . 93 OPERATING SUPPLIES INVOICE TOTAL : 69 . 93 VENDOR TOTAL : 69 . 93 ACTION ACTION GRAPHIX LTD 1327 02 /28 / 08 01 COMM/DEV- 4 SIGNS 01 - 220 - 65 - 00 - 5804 03 /25 / 08 134 . 92 OPERATING SUPPLIES INVOICE TOTAL : 134 . 92 VENDOR TOTAL : 134 . 92 ALFORDR RICHARD ALFORD , PH . D . 030308 03 / 03 / 08 01 POLICE - PSYCH EVALUATION 01 - 210 - 62 - 00 - 5429 00304257 03 /25 / 08 290 . 00 PSYCHOLOGICAL TESTING INVOICE TOTAL : 290 . 00 VENDOR TOTAL : 290 . 00 ARROLAB ARRO LABORATORY , INC . 38586 02 / 22 / 08 01 WATER OP - 6 COLIFORM 51 - 000 - 65 - 00 - 5822 03 /25 / 08 60 . 00 WATER SAMPLES INVOICE TOTAL : 60 . 00 VENDOR TOTAL : 60 . 00 ATLAS ATLAS BOBCAT W C P1 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 09 : 03 : 46 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25/ 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT ATLAS ATLAS BOBCAT 357987 02 / 21 / 08 01 STREETS -TIRE REPAIR 01 - 410 - 62 - 00 - 5408 03 /25/ 08 37 . 85 MAINTENANCE- EQUIPMENT INVOICE TOTAL : 37 . 85 5 VENDOR TOTAL : 37 . 85 ATT AT&T 6305531141 - 0208 02 /25 / 08 01 POLICE- FAX 01 - 210 - 62 - 00 - 5436 03 / 25 / 08 189 . 74 TELEPHONE INVOICE TOTAL : 189 . 74 6305531577 - 0208 02 / 25/ 08 01 WATER OP - LIFT STATIONS & WELLS 51 - 000 - 62 - 00 - 5436 03 /25 / 08 411 . 68 TELEPHONE INVOICE TOTAL : 411 . 68 6305534349 - 0208 02 / 25 / 08 01 ADMIN- CITY HALL CENTEX 01 - 110 - 62 - 00 - 5436 03 /25/ 08 736 . 20 TELEPHONE 02 POLICE - CITY HALL CENTEX 01 - 210 - 62 - 00 - 5436 736 . 20 TELEPHONE 03 WATER OP - CITY HALL CENTEX 51 - 000 - 62 - 00 - 5436 736 . 21 TELEPHONE INVOICE TOTAL : 2 , 208 . 61 6305536522 - 0208 02 /25 / 06 01 WATER OP-LIFT STATIONS 51 - 000 - 62 - 00 - 5436 03 / 25/ 08 33 . 87 TELEPHONE INVOICE TOTAL : 33 . 87 6305537575 - 0208 02 / 25/ 06 01 ADMIN- CITY HALL FAX 01 - 110 - 62 - 00 - 5436 03 / 25 / 08 43 . 78 TELEPHONE INVOICE TOTAL : 43 . 78 630Z990924 - 0208 02 / 16 / 08 01 PD CAPITAL-T . 1 LINE 20 - 000 - 75 - 00 - 7010 03 / 25/ 08 101 . 63 NEW WORLD SOFTWARE INVOICE TOTAL : 101 . 63 VENDOR TOTAL : 21989 . 31 P2 DATE : 03 / 20/ 08 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 09 : 03 : 46 DETAIL BOARD REPORT ID : AP441000 . WOW - INVOICES DUE ON/BEFORE 03 /25/2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT AURBLA AURORA BLACKTOP 20015 03 / 03 / 08 01 MFT- COLD MIX 15 - 000 - 75 - 00 - 7110 00204067 03 /25 / 08 1 , 160 . 25 COLD PATCH INVOICE TOTAL : 1 , 160 . 25 VENDOR TOTAL : 1 , 160 . 25 AURTRI AURORA TRI STATE FIRE 134155 03 / 06 / 08 01 POLICE- SERVICE CALL , 1 NEW 01 - 210 - 65 - 00 - 5804 03 /25 / 08 106 . 65 OPERATING SUPPLIES 02 EXTINGUISHER * * COMMENT * * INVOICE TOTAL : 106 . 65 VENDOR TOTAL : 106 . 65 AUTOSP AUTOMOTIVE SPECIALTIES , INC . 980 03 / 05 / 08 01 POLICE- FRONT END REPAIR 01 - 210 - 62 - 00 - 5409 00304263 03 /25 / 08 729 . 26 MAINTENANCE - VEHICLES INVOICE TOTAL : 729 . 26 VENDOR TOTAL : 729 . 26 AUTOTRUC AUTO TRUCK GROUP 340801 02 /26 / 08 01 STREETS - PLOW BLADES , CURB SHOE 01 -410 - 62 - 00 - 5408 00204029 03 /25/ 08 1 , 531 . 00 MAINTENANCE - EQUIPMENT INVOICE TOTAL : 1 , 531 . 00 VENDOR TOTAL : 1 , 531 . 00 BRENART BRENART EYE CLINIC 501248 03 / 05 / 08 01 POLICE-EYE EXAM 01 - 210 - 62 - 00 - 5430 03 / 25/ 08 40 . 00 HEALTH SERVICES INVOICE TOTAL : 40 . 00 VENDOR TOTAL : 40 . 00 BRENNTAG BRENNTAG MID - SOUTH , INC . P3 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 09 : 03 : 47 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT BRENNTAG BRENNTAG MID- SOUTH , INC . EMS439282 02 / 28 / 08 01 WATER OP - CHEMICALS 51 - 000 - 62 - 00 - 5407 00203925 03 /25 / 08 1 , 064 . 50 TREATMENT FACILITIES O&M INVOICE TOTAL : 1 , 064 . 50 EMS691153 02 /29 / 08 01 WATER OP -DRUM RETURN 51 - 000 - 62 - 00 - 5407 03 / 25 / 08 - 500 . 00 TREATMENT FACILITIES O&M INVOICE TOTAL : - 500 . 00 VENDOR TOTAL : 564 . 50 CAMBRIA CAMBRIA SALES COMPANY INC . 25720 03 / 04 / 08 01 ADMIN-GARBAGE BAGS , LYSOL 01 - 110 - 65 - 00 - 5804 00102121 03 /25 / 08 192 . 53 OPERATING SUPPLIES 02 WIPES , PAPER TOWELS * * COMMENT * * INVOICE TOTAL : 192 . 53 VENDOR TOTAL : 192 . 53 CARGILL CARGILL , INC 2161261 02 /22 / 08 01 WATER OP-BULK SALT 51 - 000 - 62 - 00 - 5407 00203924 03 / 25 / 08 2 , 324 . 80 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 324 . 80 2163949 02 / 25 / 08 01 WATER OP - BULK SALT 51 - 000 - 62 - 00 - 5407 00203924 03 / 25 / 08 2 , 258 . 07 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 258 . 07 2170728 02 /29 / 08 01 WATER OP-BULK SALT 51 - 000 - 62 - 00 - 5407 00203924 03 / 25 / 08 2 , 220 . 03 TREATMENT FACILITIES O&M INVOICE TOTAL : 2 , 220 . 03 VENDOR TOTAL : 6 , 802 . 90 CARQUEST CARQUEST AUTO PARTS 2375 - 40990 02 /28 / 08 01 STREETS - SOLENOID 01 - 410 - 62 - 00 - 5409 03 / 25/ 08 36 . 27 MAINTENANCE - VEHICLES INVOICE TOTAL : 36 . 27 VENDOR TOTAL : 36 . 27 P4 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 09 : 03 : 47 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O - # DUE DATE ITEM AMT CDWG CDW GOVERNMENT INC . JNB4800 02 / 25 / 06 01 ENG- LAPTOP & CARRYING CASE 01 - 150 - 75 - 00 - 7002 00102104 03 / 25 / 08 1 , 071 . 99 COMPUTER EQUIPMENT & SOFTW INVOICE TOTAL : 11071 . 99 JNV3629 02 / 27 / 08 01 WATER OP- BACK- UP BATTERY 51 - 000 - 62 - 00 - 5411 00203920 03 / 25 / 08 523 . 09 MAINTENANCE - COMPUTERS INVOICE TOTAL : 523 . 09 JNV7364 02 /27 / 08 01 POLICE- BACK-UP BATTERY 01 - 210 - 62 - 00 - 5411 00304252 03 / 25 / 08 1 , 020 . 43 MAINTENANCE - COMPUTERS INVOICE TOTAL : 1 , 020 . 43 JPJ6890 02 /29/ 08 01 FINANCE-WINDOWS & EXCHANGE 01 - 120 - 75 - 00 - 7002 00102109 03 /25 / 08 6 , 774 . 76 COMPUTER EQUIP & SOFTWARE 02 SERVER * * COMMENT * * INVOICE TOTAL : 6 , 774 . 76 JPT5190 03 / 03 / 08 01 POLICE- FIREWALL 01 - 210 - 62 - 00 - 5411 00304256 03 / 25/ 08 2 , 862 . 99 MAINTENANCE - COMPUTERS INVOICE TOTAL : 2 , 862 . 99 VENDOR TOTAL : 12 , 253 . 26 CHEMICAL CHEMICAL PUMP SALES & SERVICE 67921 03 / 03 / 08 01 WATER OP-WEBTROL PUMP 51 - 000 - 62 - 00 - 5407 00203926 03 /25 / 08 217 . 75 TREATMENT FACILITIES O&M INVOICE TOTAL : 217 . 75 VENDOR TOTAL : 217 . 75 COMDIR COMMUNICATIONS DIRECT INC SR82153 02 /28 / 08 01 POLICE- REPLACED RADIO WIRE 01 - 210 - 62 - 00 - 5409 03 /25 / 08 89 . 50 MAINTENANCE - VEHICLES INVOICE TOTAL : 89 . 50 VENDOR TOTAL : 89 . 50 P5 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 09 : 03 : 48 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION - ACCOUNT # P - 0 . # DUE DATE ITEM AMT COMED COMMONWEALTH EDISON 06620 - 76002 - 0208 02 /29/ 08 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5435 03 /25 / 08 2 , 793 . 85 ELECTRICITY INVOICE TOTAL : 2 , 793 . 85 0966038077 - 0308 03 / 03 / 08 01 STREETS - 456 KENNEDY 01 - 410 - 62 - 00 - 5435 03 /25 / 08 177 . 53 ELECTRICITY INVOICE TOTAL : 177 . 53 20190 - 99044 - 0308 03 / 07 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 03 / 25 / 08 116 . 12 ELECTRICITY INVOICE TOTAL : 116 . 12 44490 - 87016 - 0308 03 / 07 / 08 01 SEWER OP-LIFT STATIONS 52 - 000 - 62 - 00 - 5435 03 /25 / 08 1 , 480 . 69 ELECTRICITY INVOICE TOTAL : 11480 . 69 68190 - 27011 - 0308 03 / 06 / 08 01 STREETS - PR BUILDINGS 01 - 410 - 62 - 00 - 5435 03 /25 / 08 806 . 72 ELECTRICITY INVOICE TOTAL : 806 . 72 VENDOR TOTAL : 5 , 374 . 91 CONDESGN CONSERVATION DESIGN FORUM 0005321 03 / 05 / 08 01 ARO -YORKVILLE CROSSING 01 - 000 - 13 - 00 - 1372 03 /25 / 08 759 . 45 A/R- OTHER INVOICE TOTAL : 759 . 45 VENDOR TOTAL : 759 . 45 CONFOUND CONSERVATION FOUNDATION 712 02 / 15/ 08 01 COMM/DEV-WEBCAST SEMINAR 01 - 220 - 64 - 00 - 5604 03 /25 / 08 40 . 00 TRAINING & CONFERENCES INVOICE TOTAL : 40 . 00 VENDOR TOTAL : 40 . 00 P6 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 09 : 03 : 46 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CONSTELL CONSTELLATION NEW ENERGY 0000326443 03 / 03 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 03 /25 / 08 296 . 92 ELECTRICITY INVOICE TOTAL : 296 . 92 0000333137 03 / 05 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 03 /25 / 08 61631 . 41 ELECTRICITY INVOICE TOTAL : 6 , 631 . 41 0000333624 03 / 05/ 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 03 /25 / 08 41986 . 55 ELECTRICITY INVOICE TOTAL : 4 , 986 . 55 0000333626 03 / 05 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 03 / 25/ 08 1 , 728 . 21 ELECTRICITY INVOICE TOTAL : 1 , 728 . 21 0000333627 03 / 05 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 03 /25 / 08 144 . 17 ELECTRICITY INVOICE TOTAL : 144 . 17 0000333628 03 / 05 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 03 /25 / 08 331 . 18 ELECTRICITY INVOICE TOTAL : 331 - 18 0000335256 03 / 07 / 08 01 WATER OP -WELLS 51 - 000 - 62 - 00 - 5435 03 / 25/ 08 232 . 47 ELECTRICITY INVOICE TOTAL : 232 . 47 0000335646 03 / 08 / 08 01 WATER OP-WELLS 51 - 000 - 62 - 00 - 5435 03 /25 / 08 452 . 66 ELECTRICITY INVOICE TOTAL : 452 . 66 VENDOR TOTAL : 14 , 803 . 57 CSIDEVET COUNTRYSIDE VETERINARY CLINIC P7 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 09 : 03 : 48 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25 /2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT CSIDEVET COUNTRYSIDE VETERINARY CLINIC 32300 03 / 13 / 08 01 POLICE- K- 9 CHECK-UP 01 - 210 - 62 - 00 - 5412 03 / 25 / 08 16 . 00 MAINTENANCE - K9 INVOICE TOTAL : 16 . 00 VENDOR TOTAL : 16 . 00 DEPO DEPO COURT REPORTING SVC , INC 13352 02 /28 / 08 01 ARO -HATTNER TRUST , JAKE LAND 01 - 000 - 13 - 00 - 1372 03125 / 08 470 . 25 A/R- OTHER 02 GROUP , KALANT REZONING , * * COMMENT * * 03 RAYCORP * * COMMENT * * INVOICE TOTAL : 470 . 25 13358 02 /28 / 08 01 ARO -RAYCORP 01 - 000 - 13 - 00 - 1372 03 /25/ 08 298 . 05 A/R- OTHER INVOICE TOTAL : 298 . 05 VENDOR TOTAL : 768 . 30 DOMESTIC DOMESTIC UNIFORM RENTAL 0208 03 / 12 / 08 01 STREETS - UNIFORMS 01 - 410 - 62 - 00 - 5421 03 /25 / 08 368 . 30 WEARING APPAREL 02 WATER OP-UNIFORMS 51 - 000 - 62 - 00 - 5421 368 . 30 WEARING APPAREL INVOICE TOTAL : 736 . 60 VENDOR TOTAL : 736 . 60 DUNKDONU DUNKIN DONUTS 022308 02 /23 / 08 01 POLICE -TRAINING REFRESHMENTS 01 - 210 - 64 - 00 - 5605 03 /25/ 08 38 . 90 TRAVEL EXPENSES INVOICE TOTAL : 38 . 90 VENDOR TOTAL : 38 . 90 BBC EMPLOYEE BENEFITS CORPORATION P8 )ATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 9 'IME : 09 : 03 : 49 DETAIL BOARD REPORT _D : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25/2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - EBC EMPLOYEE BENEFITS CORPORATION 308867 02 / 25 / 08 01 FINANCE-RENEWAL FEE 01 - 120 - 72 - 00 - 6501 03 /25/ 08 450 . 00 SOCIAL SECURITY & MEDICARE INVOICE TOTAL : 450 . 00 VENDOR TOTAL : 450 . 00 FARREN FARREN HEATING & COOLING 5513 03 / 10 / 08 01 MUNICIPAL BLDG- FILLED FREON 16 - 000 - 62 - 00 - 5416 03 /25/ 08 376 . 50 MAINT-GENERAL BLDG & GROUN INVOICE TOTAL : 378 . 50 VENDOR TOTAL : 378 . 50 FEDEX FEDEX 2 - 559 - 75990 02 /27 / 08 01 ADMIN- 12 PACKAGES 01 - 110 - 65 - 00 - 5808 03 / 25 / 08 370 . 66 POSTAGE & SHIPPING INVOICE TOTAL : 370 . 66 VENDOR TOTAL : 370 . 66 FORGET DEBORAH ZNANIECKI 13282 02 /22 / 08 01 ADMIN -DUBAJIC FLOWERS 01 - 110 - 65 - 00 - 5804 03 /25 / 08 67 . 00 OPERATING SUPPLIES INVOICE TOTAL : 67 . 00 VENDOR TOTAL : 67 . 00 GALLS GALL ' S INC . 5931095300019 03 / 07 / 08 01 POLICE - REPLACEMENT BULB 01 - 210 - 65 - 00 - 5804 03 /25 / 08 31 . 95 OPERATING SUPPLIES INVOICE TOTAL : 31 . 95 VENDOR TOTAL : 31 - 95 GJOVIKCH GJOVIK CHEVROLET P9 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 10 TIME : 09 : 03 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT GJOVIKCH GJOVIK CHEVROLET 227364 02 / 26/ 08 01 POLICE - REPLACED COOLING FAN 01 - 210 - 62 - 00 - 5409 00304258 03 /25 / 08 463 . 09 MAINTENANCE - VEHICLES INVOICE TOTAL : 463 . 09 VENDOR TOTAL : 463 . 09 HARTIGAM MARGARET HARTIGAN 10 02 / 14 / 08 01 ADMIN - 02 / 14 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 03 / 25/ 08 106 . 25 CONTRACTUAL SERVICES INVOICE TOTAL : 106 . 25 9 01 / 24 / 08 01 ADMIN- JAN . 24 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 03 /25 / 08 106 . 25 CONTRACTUAL SERVICES INVOICE TOTAL : 106 . 25 VENDOR TOTAL : 212 . 50 HDSUPPLY HD SUPPLY WATERWORKS , LTD . 6809316 02 /26/ 08 01 WATER OP-METERS & PARTS 51 - 000 - 75 - 00 - 7508 00203927 03 /25 / 08 3 , 505 . 21 METERS & PARTS INVOICE TOTAL : 3 , 505 . 21 VENDOR TOTAL : 3 , 505 . 21 HEARSERV HEARTLAND SERVICES INC HSI0160323 02 /25 / 08 01 POLICE - REPLACE HINGES , GROMETS 01 - 210 - 62 - 00 - 5411 00304243 03 /25/ 08 225 . 37 MAINTENANCE - COMPUTERS INVOICE TOTAL : 225 . 37 VENDOR TOTAL : 225 . 37 HENNE VERNE HENNE CONSTR . & 25979 03 / 08 / 08 01 STREETS - LIGHT POLE 01 - 410 - 62 - 00 - 5440 00204050 03 /25 / 08 1 , 650 . 00 STREET LIGHTING INVOICE TOTAL : 1 , 650 . 00 VENDOR TOTAL : 1 , 650 . 00 P1O )ATE : 03 / 20/ 08 UNITED CITY OF YORKVILLE PAGE : 11 SIME : 09 : 03 : 49 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ICCI INTERNATIONAL CODES 20080302 03 / 03 / 08 01 ADMIN - FEBRUARY PERMITS 01 - 110 - 61 - 00 - 5314 03 /25 / 08 7 , 901 . 40 BUILDING INSPECTIONS INVOICE TOTAL : 7 , 901 . 40 20080314 03 / 11 / 08 01 ADMIN- MARCH PERMITS 01 - 110 - 61 - 00 - 5314 03 /25 / 06 121616 . 80 BUILDING INSPECTIONS INVOICE TOTAL : 12 , 616 . 80 VENDOR TOTAL : 20 , 518 . 20 ICE ICE MOUNTAIN 0888105151347 03 / 05 / 08 01 POLICE-WATER 01 - 210 - 65 - 00 - 5804 03 /25 / 08 65 . 92 OPERATING SUPPLIES INVOICE TOTAL : 65 . 92 VENDOR TOTAL : 65 . 92 IDNETWOR ID NETWORKS 161696 02 / 18 / 08 01 PD CAPITAL-LIVE SCAN SYSTEM 20 - 000 - 75 - 00 - 7010 00304130 03 /25 / 08 16 , 090 . 00 NEW WORLD SOFTWARE INVOICE TOTAL : 16 , 090 . 00 VENDOR TOTAL : 16 , 090 . 00 ILTACTIC ILLINOIS TACTICAL OFFICERS 031208 03 / 12 / 08 01 POLICE - MEMBER RENEWAL 01 - 210 - 64 - 00 - 5600 03 / 25/ 08 40 . 00 DUES INVOICE TOTAL : 40 . 00 VENDOR TOTAL : 40 . 00 JIMSTRCK JAMES GRIBBLE 2014 02 / 29 / 06 01 STREETS - INSPECTION 01 -410 - 61 - 00 - 5314 03 / 25 / 08 20 . 00 INSPECTIONS & LICENSES INVOICE TOTAL : 20 . 00 VENDOR TOTAL : 20 . 00 P11 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 12 TIME : 09 : 03 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT JSHOES J ' S SHOE REPAIR 9414 - 23 03 / 03 / 08 01 STREETS - 3 PAIR OF BOOTS 01 - 410 - 62 - 00 - 5421 00204052 03 / 25 / 08 349 . 00 WEARING APPAREL INVOICE TOTAL : 349 . 00 VENDOR TOTAL : 349 . 00 JULIE JULIE , INC . 02 - 08 - 1741 03103 / 08 01 WATER OP- FEBRUARY LOCATES 51 - 000 - 61 - 00 - 5303 00204069 03 / 25 / 08 261 . 00 JULIE SERVICE INVOICE TOTAL : 261 . 00 VENDOR TOTAL : 261 . 00 KCACP KENDALL COUNTY ASSOCIATION 030808 03 / 08 / 08 01 POLICE-RESPECT FOR LAW BANQUET 01 - 210 - 64 - 00 - 5605 03 /25 / 08 175 . 00 TRAVEL EXPENSES INVOICE TOTAL : 175 . 00 VENDOR TOTAL : 175 . 00 KCRECORD KENDALL COUNTY RECORD 85 - 08 02 /29 / 08 01 ARO -RAYCORP , JAKE LAND , 01 - 000 - 13 - 00 - 1372 03 / 25 / 08 573 . 60 A/R- OTHER 02 HATTNER , * * COMMENT * * 03 COMM/DEV-LEGAL NOTICES 01 - 220 - 65 - 00 - 5810 40 . 80 PUBLISHING & ADVERTISING 04 ADMIN - PALMER CT BID , PROPOSED 01 - 110 - 65 - 00 - 5810 53 . 60 PUBLISHING & ADVERTISING 05 BUDGET * * COMMENT * * INVOICE TOTAL : 668 . 00 VENDOR TOTAL : 668 . 00 KENDTREA KENDALL COUNTY TREASURER YPD0308 03 / 10 / 08 01 PD CAPITAL- CONTRACT FEES 20 - 000 - 75 - 00 - 7010 03 /25/ 08 39 , 510 . 79 NEW WORLD SOFTWARE INVOICE TOTAL : 39 , 510 . 79 VENDOR TOTAL : 39 , 510 . 79 P12 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 13 TIME : 09 : 03 : 50 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KENPRINT ANNETTE M - POWELL 16077 03 / 04 / 08 01 ADMIN- 1 , 000 BUSINESS CARDS 01 - 110 - 65 - 00 - 5809 03 / 25 / 08 58 . 00 PRINTING & COPYING INVOICE TOTAL : 58 . 00 16078 03 / 03 / 08 01 POLICE -EMBOSSER 01 - 210 - 64 - 00 - 5614 03 /25 / 08 35 - 95 CHAPLAIN PROGRAM INVOICE TOTAL : 35 . 95 16087 03 / 05 / 08 01 STREETS -MAILBOX DAMAGE 01 - 410 - 65 - 00 - 5804 03 / 25 / 08 48 . 50 OPERATING SUPPLIES 02 WORKSHEETS * * COMMENT * * INVOICE TOTAL : 48 . 50 VENDOR TOTAL : 142 . 45 LAYNE LAYNE CHRISTENSEN COMPANY 160091 02 / 29 / 08 01 WATER IMPROV- REPAIR WELL #3 41 - 000 - 65 - 00 - 5800 00204072 03 / 25/ 08 99 , 617 . 30 CONTINGENCY INVOICE TOTAL : 99 , 617 . 30 VENDOR TOTAL : 99 , 617 . 30 LEPPERTL LAURA LEPPERT 133 03 / 10 / 08 01 ADMIN- 02 / 19 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 03 /25 / 08 62 . 08 CONTRACTUAL SERVICES INVOICE TOTAL : 62 . 08 VENDOR TOTAL : 62 . 08 LOGOMAX LOGOMAX 3729A 02 / 20 / 08 01 POLICE - CLOTHING LETTERING 01 - 210 - 62 - 00 - 5421 03 /25 / 08 13 . 00 WEARING APPAREL INVOICE TOTAL : 13 . 00 VENDOR TOTAL : 13 . 00 P13 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 14 TIME : 09 : 03 : 50 DETAIL BOARD REPORT ID : AP441000 - WOW INVOICES DUE ON/BEFORE 03 / 25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P - 0 . # DUE DATE ITEM AMT MARTENSO MARTENSON TURF PRODUCTS 27050 02 / 12 / 08 01 STREETS - FREEZE GUARD 01 -410 - 65 - 00 - 5804 00204049 03 /25 / 08 662 . 50 OPERATING SUPPLIES INVOICE TOTAL : 662 . 50 VENDOR TOTAL : 662 . 50 MCKIRGN RANDY MCKIRGAN 65272 02 / 05/ 08 01 STREETS -FUEL 01 - 410 - 65 - 00 - 5812 00204073 03 /25 / 08 607 . 15 GASOLINE 02 WATER OP - FUEL 51 - 000 - 65 - 00 - 5812 607 . 15 GASOLINE 03 SEWER OP- FUEL 52 - 000 - 65 - 00 - 5812 607 . 16 GASOLINE INVOICE TOTAL : 1 , 821 . 46 65321 02 / 12 / 08 01 STREETS - FUEL 01 -410 - 65 - 00 - 5812 00204073 03 /25 / 08 807 . 47 GASOLINE 02 WATER OP- FUEL 51 - 000 - 65 - 00 - 5812 807 . 47 GASOLINE 03 SEWER OP- FUEL 52 - 000 - 65 - 00 - 5812 807 . 48 GASOLINE INVOICE TOTAL : 2 , 422 . 42 65390 02 /25 / 08 01 STREETS - FUEL 01 - 410 - 65 - 00 - 5812 00204073 03 /25 / 08 703 . 13 GASOLINE 02 WATER OP- FUEL 51 - 000 - 65 - 00 - 5812 703 . 13 GASOLINE 03 SEWER OP- FUEL 52 - 000 - 65 - 00 - 5812 703 . 12 GASOLINE INVOICE TOTAL : 2 , 109 . 38 VENDOR TOTAL : 61353 - 26 MEADE MEADE ELECTRIC COMPANY , INC . 633910 02 /21 / 08 01 STREETS - TRAFFIC SIGNAL REPAIR 01 - 410 - 62 - 00 - 5414 00204068 03 / 25 / 08 1 , 755 . 78 MAINTENANCE - TRAFFIC SIGNAL P14 DATE : 03 / 20/ 08 UNITED CITY OF YORKVILLE PAGE : 15 TIME : 09 : 03 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25/2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MEADE MEADE ELECTRIC COMPANY , INC . 633910 02 /21/ 08 02 AT RT47 & VAN EMMON * * COMMENT * * 00204068 03 / 25 / 08 INVOICE TOTAL : 1 , 755 . 78 634115 02 /29 / 08 01 STREETS -TRAFFIC SIGNAL REPAIR 01 - 410 - 62 - 00 - 5414 00204068 03 /25 / 08 212 . 88 MAINTENANCE - TRAFFIC SIGNAL 02 AT US34 & CANNONBALL TRAIL * * COMMENT * * INVOICE TOTAL : 212 . 88 634116 02 /29 / 08 01 STREETS - TRAFFIC SIGNAL REPAIR 01 - 410 - 62 - 00 - 5414 00204068 03 / 25 / 08 393 . 85 MAINTENANCE -TRAFFIC SIGNAL 02 AT RT34 & RT47 * * COMMENT * * INVOICE TOTAL : 393 . 85 VENDOR TOTAL : 2 , 362 . 51 MENINC MENARDS INC 12312007 03 / 04 / 08 01 FINANCE -OCT - DEC SALES TAX 01 - 120 - 78 - 00 - 9003 03 /25 / 08 34 , 405 . 97 SALES TAX REBATE 02 REBATE * * COMMENT * * INVOICE TOTAL : 34 , 405 . 97 VENDOR TOTAL : 34 , 405 . 97 MENLAND MENARDS - YORKVILLE 16197 02 / 25 / 08 01 STREETS -ELECTRICAL TAPE 01 - 410 - 65 - 00 - 5804 03 /25 / 08 11 . 82 OPERATING SUPPLIES INVOICE TOTAL : 11 . 82 16270 02 / 25/ 08 01 POLICE - SOAP 01 - 210 - 65 - 00 - 5804 03 /25 / 08 2 . 19 OPERATING SUPPLIES INVOICE TOTAL : 2 . 19 16719 02 /28 / 08 01 POLICE -NOZZLE 01 - 210 - 65 - 00 - 5804 03 /25 / 06 3 . 43 OPERATING SUPPLIES INVOICE TOTAL : 3 . 43 P15 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 16 TIME : 09 : 03 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MENLAND MENARDS - YORKVILLE 16795 02 / 29 / 08 01 POLICE - KEYS 01 - 210 - 65 - 00 - 5804 03 /25 / 08 4 . 41 OPERATING SUPPLIES INVOICE TOTAL : 4 . 41 17525 03 / 04 / 08 01 SEWER OP - PAINT 52 - 000 - 62 - 00 - 5409 03 /25 / 08 21 . 49 MAINTENANCE-VEHICLES INVOICE TOTAL : 21 . 49 17824 03 / 06 / 08 01 STREETS -BALLAST 01 - 410 - 65 - 00 - 5804 03 / 25 / 08 24 . 89 OPERATING SUPPLIES INVOICE TOTAL : 24 . 89 VENDOR TOTAL : 68 . 23 METLIFE METLIFE SMALL BUSINESS CENTER 021908 02 / 19/ 08 01 FINANCE -LIFE INSURANCE 01 - 120 - 50 - 00 - 5204 03 /25 / 08 2 , 384 . 77 BENEFITS - GROUP LIFE INSUR 02 FINANCE -DENTAL INSURANCE 01 - 120 - 50 - 00 - 5205 7 , 199 . 08 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 9 , 583 . 85 VENDOR TOTAL : 91583 . 85 METROWES METRO WEST COG 022508 02 /25/ 08 01 ADMIN- LEGISLATIVE BREAKFAST 01 - 110 - 64 - 00 - 5605 03 / 25 / 08 40 . 00 TRAVEL/MEALS/LODGING INVOICE TOTAL : 40 . 00 VENDOR TOTAL : 40 . 00 MJELECT MJ ELECTRICAL SUPPLY , INC . 1096230 - 00 02 /25 / 08 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5440 03 / 25 / 08 108 . 00 STREET LIGHTING INVOICE TOTAL : 108 . 00 P16 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 17 TIME : 09 : 03 : 51 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT MTELECT M7 ELECTRICAL SUPPLY , INC . 1096273 - 01 03 / 03 / 08 01 STREETS -TRAFFIC LIGHT SUPPLIES 01 - 410 - 62 - 00 - 5440 03 / 25 / 08 80 . 00 STREET LIGHTING INVOICE TOTAL : 80 . 00 1096412 - 00 03 / 03 / 08 01 STREETS -BULBS , POLE BASE KIT 01 - 410 - 62 - 00 - 5440 00204051 03 / 25 / 08 151 . 00 STREET LIGHTING INVOICE TOTAL : 151 . 00 1096412 - 01 03 / 04 / 08 01 STREETS - POLE BASE KIT 01 -410 - 62 - 00 - 5440 03 /25 / 08 45 . 00 STREET LIGHTING INVOICE TOTAL : 45 . 00 1096474 - 00 03 / 04 / 08 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5440 03 / 25 / 08 83 . 00 STREET LIGHTING INVOICE TOTAL : 83 . 00 1096520 - 01 03 / 06/ 08 01 STREETS -LIGHTS 01 - 410 - 62 - 00 - 5440 03 /25 / 06 16 . 95 STREET LIGHTING INVOICE TOTAL : 16 . 95 1096554 - 00 03 / 06 / 08 01 STREETS - LIGHTS , SHORTING CAP 01 - 410 - 62 - 00 - 5440 03 / 25 / 08 66 . 45 STREET LIGHTING INVOICE TOTAL : 66 . 45 VENDOR TOTAL : 550 . 40 MORTON MORTON SALT 513201 02 /27 / 08 01 MFT- BULK SALT 15 - 000 - 65 - 00 - 5818 00204070 03 /25 / 08 1 , 005 . 98 SALT INVOICE TOTAL : 1 , 005 . 96 516435 02 /29 / 08 01 MFT - BULK SALT 15 - 000 - 65 - 00 - 5818 00204070 03 /25 / 08 5 , 739 . 70 SALT INVOICE TOTAL : 5 , 739 . 70 VENDOR TOTAL : 6 , 745 . 68 P17 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 18 TIME : 09 : 03 : 52 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NATLSAFE NATIONAL SAFETY COUNCIL 022508 02 /25/ 08 01 POLICE- 2008 MEMBERSHIP RENEWAL 01 - 210 - 64 - 00 - 5600 00304273 03 / 25 / 08 285 . 00 DUES INVOICE TOTAL : 285 . 00 VENDOR TOTAL : 285 . 00 NEMRT NORTH EAST MULTI -REGIONAL 104462 02 / 28 / 08 01 POLICE- BREATH ALCOHOL TESTING 01 - 210 - 64 - 00 - 5604 03 /25 / 08 120 . 00 TRAINING & CONFERENCE INVOICE TOTAL : 120 . 00 VENDOR TOTAL : 120 . 00 NICOR NICOR GAS 15 - 41 - 50 - 1000 6 - 0308 03 / 06 / 08 01 ADMIN- 804 GAME FARM RD 01 - 110 - 78 - 00 - 9002 03 /25 / 08 965 . 40 NICOR GAS INVOICE TOTAL : 965 . 40 15 - 64 - 61 - 3532 5 - 0308 03 / 06/ 08 01 ADMIN- 1991 CANNONBALL TRAIL 01 - 110 - 78 - 00 - 9002 03 /25 / 08 26 . 77 NICOR GAS INVOICE TOTAL : 26 . 77 20 - 52 - 56 - 2042 1 - 0306 03 / 07 / 08 01 ADMIN- 420 FAIRHAVEN DR 01 - 110 - 78 - 00 - 9002 03 / 25 / 08 63 . 26 NICOR GAS INVOICE TOTAL : 63 . 26 23 - 45 - 91 - 4862 5 - 0308 03 / 04 / 08 01 ADMIN- 101 BRUELL STREET 01 - 110 - 78 - 00 - 9002 03 /25 / 08 73 . 22 NICOR GAS INVOICE TOTAL : 73 . 22 31 - 61 - 67 - 2493 1 - 0308 03 / 06 / 08 01 ADMIN- 276 WINDHAM CIRCLE 01 - 110 - 78 - 00 - 9002 03 /25 / 08 25 . 06 NICOR GAS INVOICE TOTAL : 25 . 06 45 - 12 - 25 - 4081 3 - 0308 03 / 03 / 08 01 ADMIN- 201 W HYDRAULIC STREET 01 - 110 - 78 - 00 - 9002 03 / 25 / 08 708 . 31 NICOR GAS INVOICE TOTAL : 708 . 31 P18 DATE : 03 / 20/ 08 UNITED CITY OF YORKVILLE PAGE : 19 TIME : 09 : 03 : 52 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT NICOR NICOR GAS 46 - 69 - 47 - 6727 1 - 0308 03 / 06 / 08 01 ADMIN- 1975 BRIDGE STREET 01 - 110 - 78 - 00 - 9002 03 /25 / 08 86 . 70 NICOR GAS INVOICE TOTAL : 86 . 70 49 - 25 - 61 - 1000 5 - 0308 03 / 03 / 08 01 ADMIN- 1 VAN EMMON RD 01 - 110 - 78 - 00 - 9002 03 / 25 / 08 352 . 63 NICOR GAS INVOICE TOTAL : 352 . 63 66 - 70 - 44 - 6942 9 - 0308 03 / 07 / 08 01 ADMIN- 100 RAINTREE RD 01 - 110 - 78 - 00 - 9002 03 /25/ 08 74 . 55 NICOR GAS INVOICE TOTAL : 74 . 55 77 - 35 - 71 - 1000 4 - 0308 03 / 06/ 08 01 ADMIN- 131 E HYDRAULIC STREET 01 - 110 - 78 - 00 - 9002 03 /25 / 08 339 . 72 NICOR GAS INVOICE TOTAL : 339 . 72 83 - 13 - 42 - 6369 2 - 0308 03 / 06/ 08 01 ADMIN- 1107 PRAIRIE LANE 01 - 110 - 78 - 00 - 9002 03 / 25 / 08 31 . 72 NICOR GAS INVOICE TOTAL : 31 . 72 VENDOR TOTAL : 2 , 747 . 34 NIU NORTHERN ILLINOIS UNIVERSITY 021508 02 / 15/ 08 01 POLICE - SPRING TUITION 01 - 210 - 64 - 00 - 5608 00304260 03 /25 / 08 368 . 00 TUITION REIMBURSEMENT INVOICE TOTAL : 368 . 00 VENDOR TOTAL : 368 . 00 OFFWORK OFFICE WORKS 132780 02 / 27 / 08 01 POLICE - FILE BOX 01 - 210 - 65 - 00 - 5802 03 /25 / 08 52 . 17 OFFICE SUPPLIES INVOICE TOTAL : 52 . 17 132958I 03 / 01 / 08 01 POLICE - FOLDERS , MARKERS , PENS , 01 - 210 - 65 - 00 - 5802 00304255 03 /25 / 08 632 . 90 OFFICE SUPPLIES P19 )ATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 20 LIME : 09 : 03 : 53 DETAIL BOARD REPORT ED : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ OFFWORK OFFICE WORKS 132958I 03 / 01 / 08 02 PENCIL SHARPENER , PEN REFILLS * * COMMENT * * 00304255 03 / 25 / 08 INVOICE TOTAL : 632 . 90 VENDOR TOTAL : 685 . 07 OHERROND RAY O ' HERRON COMPANY , INC . 0805999 - IN 02 /27 / 08 01 POLICE - ROLATAPE , WEDGES , 01 - 210 - 65 - 00 - 5804 00304261 03 /25 / 08 322 . 16 OPERATING SUPPLIES 02 LOCKOUT TOOL , FLEX CUFFS * * COMMENT * * INVOICE TOTAL : 322 . 16 0806449 - IN 02 /29 / 08 01 PD CAPITAL- SIREN 20 - 000 - 75 - 00 - 7006 00304264 03 /25 / 08 380 . 17 CAR BUILD OUT INVOICE TOTAL : 380 . 17 VENDOR TOTAL : 702 . 33 OLSSON OLSSON ROOFING COMPANY , INC . 800908 02 / 21 / 08 01 MUNICIPAL BLDG-ROOF REPAIR 16 - 000 - 75 - 00 - 7200 00404214 03 /25 / 08 558 . 00 BLDG IMPROV- BEEHCER/RIVFR 02 201 WEST HYDRAULIC * * COMMENT * * INVOICE TOTAL : 558 . 00 VENDOR TOTAL : 558 . 00 PARADISE PARADISE CAR WASH 221210 03 / 01 / 08 01 POLICE - CAR WASHES 01 - 210 - 62 - 00 - 5409 03 /25/ 08 50 . 65 MAINTENANCE - VEHICLES INVOICE TOTAL : 50 . 65 VENDOR TOTAL : 50 . 65 PITBOWRE PITNEY BOWES 031208 03 / 12 / 08 01 ADMIN-REFILL POSTAGE METER 01 - 110 - 65 - 00 - 5808 03 /25 / 08 3 , 000 . 00 POSTAGE & SHIPPING INVOICE TOTAL : 3 , 000 . 00 VENDOR TOTAL : 3 , 000 . 00 P20 DATE : 03 /20/ 08 UNITED CITY OF YORKVILLE PAGE : 21 TIME : 09 : 03 : 53 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT PMG PMG , INC . 00008250 02 / 29 / 08 01 POLICE- ROADSPIKE BAGS 01 - 210 - 65 - 00 - 5804 03 /25 / 08 83 . 14 OPERATING SUPPLIES INVOICE TOTAL : 83 . 14 VENDOR TOTAL : 63 . 14 PRINTPER PRINT PERFECT 00052849 02 / 19 / 08 01 ADMIN- 500 PROMENADE OF ARTS 01 - 110 - 78 - 00 - 9010 00102112 03 /25 / 08 820 . 00 COMMUNITY EVENTS 02 BROCHURES * * COMMENT * * INVOICE TOTAL : 820 . 00 00052851 03 /20/ 08 01 ADMIN- 4 , 000 SEASONS OF 01 - 110 - 78 - 00 - 9010 00102112 03 / 25 / 08 729 . 00 COMMUNITY EVENTS 02 HAPPENINGS CALENDARS * * COMMENT * * INVOICE TOTAL : 729 . 00 00052852 03 /20/ 08 01 ADMIN- 1 , 000 ART IN CITY HALL 01 - 110 - 78 - 00 - 9010 00102112 03 /25 / 08 676 . 00 COMMUNITY EVENTS 02 BROCHURES * * COMMENT * * INVOICE TOTAL : 676 . 00 VENDOR TOTAL : 2 , 225 . 00 QUILL QUILL CORPORATION 5226177 02 /22 / 08 01 ADMIN-REPORT COVER 01 - 110 - 65 - 00 - 5802 03 / 25 / 08 8 . 92 OFFICE SUPPLIES INVOICE TOTAL : 8 . 92 5347539 02 /27 / 08 01 COMM/DEV- PENS , POST - ITS , 01 - 220 - 65 - 00 - 5804 00102106 03 /25 / 08 163 . 53 OPERATING SUPPLIES 02 PRINTER CARTRIDGE , BINDER CLIP * * COMMENT * * INVOICE TOTAL : 163 . 53 5423657 02 /29 / 08 01 ADMIN- SIGN HOLDER , BINDER 01 - 110 - 65 - 00 - 5802 03 / 25 / 08 24 . 34 OFFICE SUPPLIES P21 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 22 TIME : 09 : 03 : 53 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25 /2006 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT QUILL QUILL CORPORATION 5423657 02 /29 / 08 02 CLIPS * * COMMENT * * 03 / 25 / 08 INVOICE TOTAL : 24 . 34 5437631 03 / 03 / 08 01 COMM/DEV- FILING CABINET 01 -220 - 65 - 00 - 5804 00102106 03 /25 / 08 230 . 94 OPERATING SUPPLIES INVOICE TOTAL : 230 . 94 5549955 03 / 05 / 08 01 WATER OP- PRINTER CARTRIDGE 51 - 000 - 65 - 00 - 5804 03 / 25 / 08 134 . 99 OPERATING SUPPLIES INVOICE TOTAL : 134 . 99 5587586 03 / 06 / 08 01 ADMIN- ENVELOPES 01 - 110 - 65 - 00 - 5802 03 /25 / 08 35 . 63 OFFICE SUPPLIES INVOICE TOTAL : 35 . 63 VENDOR TOTAL : 598 . 35 R0000115 S &K DEVELOPMENT LLC 123107 03 / 04/ 08 01 FINANCE -JAN 103 - DEC 107 01 - 120 - 78 - 00 - 9003 03 /25 / 08 16 , 290 . 34 SALES TAX REBATE 02 SALES TAX REBATE * * COMMENT * * INVOICE TOTAL : 16 , 290 . 34 VENDOR TOTAL : 16 , 290 . 34 R0000237 ROXANA VALLES 022406 03 / 05 / 08 01 ADMIN- BEECHER DEPOSIT REFUND 01 - 000 - 21 - 00 - 2110 03 /25 / 08 400 . 00 DEPOSITS PAYABLE INVOICE TOTAL : 400 . 00 VENDOR TOTAL : 400 . 00 RATOSJ RATOS , JAMES 12312007 03 / 04 / 08 01 FINANCE -OCT - DEC SALES TAX 01 - 120 - 78 - 00 - 9003 03 /25/ 08 11727 . 69 SALES TAX REBATE P22 )ATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 23 'IME : 09 : 03 : 54 DETAIL BOARD REPORT :D : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 /2008 INVOICE # INVOICE ITEM 7ENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' 2ATOSJ RATOS , JAMES 12312007 03 / 04 / 08 02 REBATE * * COMMENT * * 03 /25 / 08 INVOICE TOTAL : 1 , 727 . 69 VENDOR TOTAL : 1 , 727 . 69 RAUBERT R . A . UBERT CONSTRUCTION , INC 8 - FINAL- SEC 02 / 07 / 08 01 STREET- IN-TOWN UTILITY PROGRAM 01 - 410 - 75 - 00 - 7101 03 /25 / 08 11 , 894 . 00 IN TOWN ROAD PROGRAM INVOICE TOTAL : 11 , 894 . 00 VENDOR TOTAL : 11 , 894 . 00 SAFESUPP SAFETY SUPPLY ILLINOIS 1153571 - 01 03 / 06 / 08 01 SEWER OP - CALIBRATION GAS 52 - 000 - 75 - 00 - 7004 00203674 03 /25 / 08 160 . 00 SAFETY EQUIPMENT INVOICE TOTAL : 160 . 00 VENDOR TOTAL : 160 . 00 SECGROUP SEC GROUP , INC . 350563 02 / 19 / 08 01 STREETS - IN- TOWN DRAINAGE 01 - 410 - 61 - 00 - 5313 03 / 25/ 08 4 , 955 . 00 ENGINEERING - IN TOWN RD P INVOICE TOTAL : 4 , 955 . 00 350564 02 / 19 / 08 01 STREETS - IN-TOWN ROAD 01 - 410 - 61 - 00 - 5313 03 / 25 / 08 1 , 827 . 50 ENGINEERING - IN TOWN RD P 02 IMPROVEMENT * * COMMENT * * INVOICE TOTAL : 1 , 627 . 50 VENDOR TOTAL : 6 , 782 . 50 SHELL SHELL OIL CO . 065159923803 03 / 04 / 08 01 STREETS -GASOLINE 01 - 410 - 65 - 00 - 5812 03 / 25/ 08 1 , 493 . 87 GASOLINE P23 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 24 TIME : 09 : 03 : 54 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT SHELL SHELL OIL CO . 065159923803 03 / 04 / 08 02 WATER OP-GASOLINE 51 - 000 - 65 - 00 - 5812 03 / 25 / 08 11493 . 87 GASOLINE 03 SEWER OP -GASOLINE 52 - 000 - 65 - 00 - 5812 1 , 493 . 87 GASOLINE INVOICE TOTAL : 4 , 481 . 61 VENDOR TOTAL : 4 , 481 . 61 SHREDIT SHRED - IT 021256586 03 / 11/ 08 01 ADMIN-SHREDDING 01 - 110 - 62 - 00 - 5401 03 / 25/ 08 217 . 20 CONTRACTUAL SERVICES INVOICE TOTAL : 217 . 20 VENDOR TOTAL : 217 . 20 SIMPLEX SIMPLEXGRINNELL LP 63219240 02 /25 / 08 01 MUNICIPAL BLDG -BATTERIES 16 - 000 - 75 - 00 - 7204 03 /25 / 08 868 . 46 BLDG MAINT - CITY HALL INVOICE TOTAL : 868 . 46 VENDOR TOTAL : 868 . 46 SIRCHIE SIRCHIE FINGER PRINT LAB 0475180 - IN 03 / 04 / 08 01 POLICE - 19 EVIDENCE ITEMS 01 - 210 - 65 - 00 - 5803 00304254 03 /25 / 08 885 . 77 EVIDENCE TECH SUPPLIES INVOICE TOTAL : 885 . 77 VENDOR TOTAL : 885 . 77 TAPCO TAPCO 290057 02 /25 / 08 01 PD CAPITAL-YIELD SIGN PANELS , 20 - 000 - 75 - 00 - 7001 00304265 03 /25 / 08 503 . 45 EQUIPMENT 02 QUICK RELEASE BASES , POST , * * COMMENT * * 03 SPRING BASE ASSEMBLY * * COMMENT * * INVOICE TOTAL : 503 . 45 VENDOR TOTAL : 503 . 45 P24 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 25 TIME : 09 : 03 : 54 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT THORGARD THOR GUARD , INC . 22741 02 / 26 / 08 01 POLICE-ANTENNA 01 - 210 - 62 - 00 - 5414 03 /25 / 08 147 . 31 WEATHER WARNING SIREN MAIN INVOICE TOTAL : 147 . 31 VENDOR TOTAL : 147 . 31 TINSTAR TIN STAR ELECTRONIC SERVICE 5060 02 / 13 / 08 01 POLICE - SHIPPING 01 - 210 - 62 - 00 - 5409 03 /25 / 08 12 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 12 . 00 5071 02 / 18 / 08 01 POLICE-ARROW STICKS 01 - 210 - 62 - 00 - 5409 00304266 03 / 25 / 08 151 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 151 . 00 VENDOR TOTAL : 163 . 00 TUCKER TUCKER DEVELOPMENT CORP . 123107A 03 / 04 / 08 01 FINANCE-OCT . - DEC . SALES TAX 01 - 120 - 78 - 00 - 9003 03 /25 / 08 58 , 529 - 35 SALES TAX REBATE 02 REBATE * * COMMENT * * INVOICE TOTAL : 58 , 529 . 35 VENDOR TOTAL : 58 , 529 . 35 TUFFY TUFFY AUTO SERVICE CENTER 3631 02 / 27 / 08 01 POLICE -OIL CHANGE 01 - 210 - 62 - 00 - 5409 03 /25 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 3633 02 / 27 / 08 01 POLICE -OIL CHANGE 01 - 210 - 62 - 00 - 5409 03 / 25 / 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 3647 02 / 28 / 08 01 POLICE -OIL CHANGE 01 - 210 - 62 - 00 - 5409 03 / 25 / 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 P25 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 26 TIME : 09 : 03 : 55 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT TUFFY TUFFY AUTO SERVICE CENTER 3653 02 / 28 / 08 01 POLICE - OIL CHANGE 01 - 210 - 62 - 00 - 5409 03 / 25 / 08 25 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 25 . 95 3658 02 /28 / 08 01 POLICE- OIL CHANGE 01 - 210 - 62 - 00 - 5409 03 /25 / 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 3707 03 / 03 / 08 01 POLICE-OIL CHANGE 01 - 210 - 62 - 00 - 5409 03 /25 / 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 3711 03 / 03 / 08 01 POLICE -OIL CHANGE 01 - 210 - 62 - 00 - 5409 03 /25 / 08 29 . 95 MAINTENANCE - VEHICLES INVOICE TOTAL : 29 . 95 3745 03 / 05 / 08 01 POLICE- TIRES 01 - 210 - 62 - 00 - 5409 00304267 03 /25 / 08 474 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 474 . 00 VENDOR TOTAL : 675 . 65 UNIFIED UNIFIED SUPPLY 0125809 - IN 02 /27 / 08 01 POLICE - SHELVING 01 - 210 - 65 - 00 - 5804 00304268 03 /25 / 08 916 . 22 OPERATING SUPPLIES INVOICE TOTAL : 916 . 22 VENDOR TOTAL : 916 . 22 UNIQUEPR UNIQUE PRODUCTS & SERVICE 173418 03 / 03 / 08 01 POLICE- COPY PAPER 01 - 210 - 65 - 00 - 5810 00304251 03 /25 / 08 1 , 220 . 00 PUBLISHING & ADVERTISING INVOICE TOTAL : 1 , 220 . 00 VENDOR TOTAL : 1 , 220 . 00 P26 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 27 TIME : 09 : 03 : 55 DETAIL BOARD REPORT ID : AP441000 _ WOW INVOICES DUE ON/BEFORE 03 / 25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - UPS UNITED PARCEL SERVICE 00004296X2098 03 / 01/ 08 01 ADMIN- 2 PACKAGES 01 - 110 - 65 - 00 - 5808 03 /25 / 08 24 . 71 POSTAGE & SHIPPING 02 WATER OP - 1 PACKAGE 51 - 000 - 65 - 00 - 5808 35 . 34 POSTAGE & SHIPPING INVOICE TOTAL : 60 . 05 00004296X2108 03 / 08 / 08 01 POLICE- 1 PACKAGE 01 - 210 - 65 - 00 - 5808 03 /25/ 08 7 . 91 POSTAGE & SHIPPING 02 WATER OP - 3 PACKAGES 51 - 000 - 65 - 00 - 5808 104 . 18 POSTAGE & SHIPPING INVOICE TOTAL ; 112 . 09 VENDOR TOTAL : 172 . 14 VEOLIA VEOLIA ES SOLID WASTE MIDWEST T0253168 02 /25 / 08 01 HEALTH & SANITATION- SERVICE 01 - 540 - 62 - 00 - 5442 03 / 25 / 08 89 , 101 . 50 GARBAGE SERVICES INVOICE TOTAL : 89 , 101 . 50 VENDOR TOTAL : 89 , 101 . 50 VSP VISION SERVICE PLAN 021908 02 / 19 / 08 01 FINANCE-MARCH VISION 01 - 120 - 50 - 00 - 5205 03 /25 / 08 1 , 096 . 05 BENEFITS - DENTAL/ VISION A INVOICE TOTAL : 1 , 096 . 05 VENDOR TOTAL : 1 , 096 . 05 WALDENS WALDEN ' S LOCK SERVICE 8941 02 /27 / 08 01 POLICE- SERVICE CALL 01 - 210 - 65 - 00 - 5804 03 /25/ 08 59 . 00 OPERATING SUPPLIES INVOICE TOTAL : 59 . 00 VENDOR TOTAL : 59 . 00 WAUBONSE WAUBONSEE COMMUNITY COLLEGE P27 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 28 TIME : 09 : 03 : 55 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT WAUBONSE WAUBONSEE COMMUNITY COLLEGE 50003751 02 / 27 / 08 01 POLICE -GROESCH TUITION 01 - 210 - 64 - 00 - 5608 00304269 03 / 25 / 08 95 . 00 TUITION REIMBURSEMENT 03 POLICE - KURTZ TUITION 01 - 210 - 50 - 00 - 5200 1 , 350 . 00 CADET PROGRAM INVOICE TOTAL : 1 , 445 . 00 VENDOR TOTAL : 1 , 445 . 00 WHOLTIRE WHOLESALE TIRE 123231 03 / 06 / 08 01 POLICE-TIRE REPAIR 01 - 210 - 62 - 00 - 5409 03 / 25/ 08 15 . 00 MAINTENANCE - VEHICLES INVOICE TOTAL : 15 . 00 123263 03 / 10 / 08 01 POLICE-TIRE MOUNT AND BALANCE 01 - 210 - 62 - 00 - 5409 03 / 25 / 08 104 . 45 MAINTENANCE - VEHICLES INVOICE TOTAL : 104 . 45 VENDOR TOTAL : 119 . 45 WILDATRY WILDMAN , HARROLD , ALLEN & 366407 02 /29/ 08 02 ARO- JANUARY LEGAL 01 - 000 - 13 - 00 - 1375 03 /25 / 08 6 , 758 . 45 A/R- LANDFILL INVOICE TOTAL : 6 , 758 . 45 VENDOR TOTAL : 6 , 758 . 45 WIREWIZ WIRE WIZARD OF ILLINOIS , INC PC6417 03 / 01/ 08 01 WATER OP-MONITOR BURGLAR ALARM 51 - 000 - 62 - 00 - 5413 00204071 03 /25 / 08 621 . 00 MAINTENANCE - CONTROL SYSTEM INVOICE TOTAL : 621 . 00 VENDOR TOTAL : 621 . 00 WTRPRD WATER PRODUCTS , INC . 0206506 02 /25 / 08 01 WATER OP- ITRON END POINTS 51 - 000 - 75 - 00 - 7508 00203926 03 / 25 / 08 6 , 960 . 00 METERS & PARTS INVOICE TOTAL : 6 , 960 . 00 VENDOR TOTAL : 6 , 960 . 00 P28 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 29 TIME : 09 : 03 : 56 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YNB OLD SECOND BANK - YORKVILLE 210002157 - 0308 02 /27 / 08 01 ADMIN- SAFETY DEPOSIT BOX 01 - 110 - 62 - 00 - 5401 03 /25 / 08 100 . 00 CONTRACTUAL SERVICES 02 RENTAL * * COMMENT * * INVOICE TOTAL : 100 . 00 VENDOR TOTAL : 100 . 00 YORKACE YORKVILLE ACE & RADIO SHACK 116937 02 / 29 / 08 01 STREETS - OUTSIDE ASHTRAY , SAND 01 - 410 - 65 - 00 - 5804 03 /25 / 08 104 . 97 OPERATING SUPPLIES INVOICE TOTAL : 104 . 97 VENDOR TOTAL : 104 . 97 YORKAREA YORKVILLE AREA CHAMBER OF 22959 01/ 17 / 08 01 ADMIN- 8 ANNUAL DINNER ATTENDEE 01 - 110 - 64 - 00 - 5605 03 / 25 / 08 400 . 00 TRAVEL/MEALS/LODGING INVOICE TOTAL : 400 . 00 VENDOR TOTAL : 400 . 00 YORKCLER YORKVILLE CLERK ' S ACCOUNT 030508 03 / 05 / 08 01 ARO- FRANKLIN , BLACKBERRY WOODS 01 - 000 - 13 - 00 - 1372 03 / 25 / 08 244 . 00 A/R- OTHER 02 CORNIELS CROSSING * * COMMENT * * 03 WATER OP - WATER LIENS 51 - 000 - 42 - 00 - 4240 120 . 00 BULK WATER SALES 04 COMM/DEV- PLAT OF DEDICATION 01 - 220 - 61 - 00 - 5300 78 . 00 LEGAL SERVICES INVOICE TOTAL : 442 . 00 VENDOR TOTAL : 442 . 00 YORKLIBR YORKVILLE PUBLIC LIBRARY 022908 -DEVELOP 03 / 10 / 08 01 TRUST & AGENCY- JAN . - FEB . 95 - 000 - 78 - 00 - 9009 03 / 25 / 08 5 , 500 . 00 LIBRARY DEV FEE PAYMENTS P29 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 30 TIME : 09 : 03 : 56 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 / 25 /2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKLIBR YORKVILLE PUBLIC LIBRARY 022908 - DEVELOP 03 / 10 / 08 02 DEVELOPMENT FEES * * COMMENT * * 03 /25 / 08 INVOICE TOTAL : 5 , 500 . 00 031008 - PPRT 03 / 10 / 06 01 ADMIN-MARCH LIBRARY 01 - 000 - 40 - 00 - 4010 03 / 25 / 08 385 . 77 PERSONAL PROPERTY TAX INVOICE TOTAL : 385 . 77 VENDOR TOTAL : 5 , 885 . 77 YORKNAPA YORKVILLE NAPA AUTO PARTS 818693 02 / 10 / 07 01 ENG - SCRAPER 01 - 150 - 62 - 00 - 5409 03 /25 / 08 9 . 39 MAINTENANCE -VEHICLES INVOICE TOTAL : 9 . 39 825204 02 / 06 / 08 01 POLICE- CRIMPING TOOL 01 - 210 - 65 - 00 - 5804 03 /25 / 08 26 . 09 OPERATING SUPPLIES INVOICE TOTAL : 26 . 09 825271 02 / 06 / 08 01 WATER OP -WINDSHIELD WIPER 51 - 000 - 62 - 00 - 5409 03 /25 / 08 2 . 97 MAINTENANCE -VEHICLES INVOICE TOTAL : 2 . 97 825803 02 / 11/ 08 01 STREETS -WIPER BLADES 01 - 410 - 62 - 00 - 5409 03 /25 / 08 25 . 07 MAINTENANCE -VEHICLES INVOICE TOTAL : 25 . 07 826527 02 / 18 / 06 01 WATER OP-ANTIFREEZE 51 - 000 - 62 - 00 - 5409 03 / 25/ 08 11 . 13 MAINTENANCE -VEHICLES INVOICE TOTAL : 11 . 13 826983 02 / 21 / 08 01 WATER OP - BULB 51 - 000 - 62 - 00 - 5409 03 /25 / 08 3 . 67 MAINTENANCE -VEHICLES INVOICE TOTAL : 3 . 67 627337 02 / 25 / 08 01 POLICE- WIPER BLADES , OIL 01 - 210 - 65 - 00 - 5804 03 /25 / 08 21 . 95 OPERATING SUPPLIES INVOICE TOTAL : 21 . 95 P30 DATE : 03 / 20 / 08 UNITED CITY OF YORKVILLE PAGE : 31 TIME : 09 : 03 : 56 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25/2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O . # DUE DATE ITEM AMT YORKNAPA YORKVILLE NAPA AUTO PARTS 827511 03 / 13 / 08 01 POLICE-WIPER BLADES 01 - 210 - 65 - 00 - 5804 03 / 25 / 08 29 . 30 OPERATING SUPPLIES INVOICE TOTAL : 29 . 30 827527 02 /26 / 08 01 POLICE - FUSE , SOLVENT , CAR 01 -210 - 65 - 00 - 5804 00304259 03 / 25 / 08 159 . 76 OPERATING SUPPLIES 02 WASH SOAP * * COMMENT * * INVOICE TOTAL : 159 . 76 827594 02 / 27 / 08 01 POLICE - FUSE 01 - 210 - 65 - 00 - 5804 03 / 25 / 08 136 . 44 OPERATING SUPPLIES INVOICE TOTAL : 136 . 44 827663 02 / 28 / 08 01 STREETS -OIL FILTER 01 - 410 - 62 - 00 - 5409 03 / 25 / 08 26 . 50 MAINTENANCE -VEHICLES INVOICE TOTAL : 26 . 50 827665 02 / 28 / 08 01 WATER OP - BULB 51 - 000 - 62 - 00 - 5409 03 /25 / 08 3 . 67 MAINTENANCE- VEHICLES INVOICE TOTAL : 3 . 67 VENDOR TOTAL : 455 . 94 YORKPDPC YORKVILLE POLICE DEPT . 031108 03 / 11 / 08 01 POLICE- PARKING , ADMIN MEETING 01 - 210 - 64 - 00 - 5605 03 /25 / 08 118 . 00 TRAVEL EXPENSES 02 LUNCHEON * * COMMENT * * 03 CLERKS -LIQUOR BACKGROUNDS 01 - 000 - 41 - 00 - 4100 117 . 75 LIQUOR LICENSE INVOICE TOTAL : 235 . 75 VENDOR TOTAL : 235 . 75 YORKPOST YORKVILLE POSTMASTER 030508 03 / 05 /08 01 WATER OP - PENALTY BILL POSTAGE 51 - 000 - 65 - 00 - 5808 03 / 25 / 08 250 . 00 POSTAGE & SHIPPING INVOICE TOTAL : 250 . 00 P31 DATE : 03 /20 / 08 UNITED CITY OF YORKVILLE PAGE : 32 TIME : 09 : 03 : 57 DETAIL BOARD REPORT ID : AP441000 . WOW INVOICES DUE ON/BEFORE 03 /25 / 2008 INVOICE # INVOICE ITEM VENDOR # DATE # DESCRIPTION ACCOUNT # P . O - # DUE DATE ITEM AMT YORKPOST YORKVILLE POSTMASTER 043008 03 / 05/ 08 01 WATER OP -UTILITY BILL POSTAGE 51 - 000 - 65 - 00 - 5808 03 /25/ 08 1 , 800 . 00 POSTAGE & SHIPPING INVOICE TOTAL : 1 , 800 . 00 VENDOR TOTAL : 2 , 050 . 00 YORKPR YORKVILLE PARK & RECREATION 022908 -DEVELOP 03 / 10 / 08 01 TRUST & AGENCY- JAN . - FEB . 95 - 000 - 78 - 00 - 9012 03 /25/ 08 650 . 00 PARKS/REC CAPITAL PAYMENTS 02 DEVELOPMENT FEES * * COMMENT * * INVOICE TOTAL : 650 . 00 VENDOR TOTAL : 650 . 00 YOUNGM MARLYS J - YOUNG 020908 02 /25 / 08 01 ADMIN- FEB . 9 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 03 /25 / 08 170 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 170 . 00 021308 03 / 01 / 08 01 ADMIN- FEB . 13 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 03 /25/ 08 85 . 00 CONTRACTUAL SERVICES INVOICE TOTAL : 85 . 00 022808 03 / 02 / 08 01 ADMIN- FEB . 28 MEETING MINUTES 01 - 110 - 62 - 00 - 5401 03 / 25 / 08 45 . 50 CONTRACTUAL SERVICES INVOICE TOTAL : 45 . 50 VENDOR TOTAL : 300 . 50 TOTAL ALL INVOICES : 530 , 945 . 15 P32 UNITED CITY OF YORKVILLE PAYROLL SUMMARY 3/15/2008 SOCIAL REGULAR OVERTIME TOTAL IMRF SECURITY TOTALS ADMINISTRATION $207827. 81 $0.00 $20, 827 .81 $ 1 ,572. 88 $ 1 ,586.56 $237987.25 FINANCE $ 12, 546.37 $0.00 $ 12,546. 37 $976. 11 $943. 55 $ 14,466. 03 ENGINEERING $147138.43 $0. 00 $ 14, 138.43 $ 1 ,099.97 $ 1 ,065.95 $ 16, 304.35 POLICE $76,273. 19 $1 , 573.86 $77, 847.05 $608.29 $5,920.04 $84,375.38 COMMUNITY DEV. $ 12,928.98 $0. 00 $ 12,928.98 $1 ,005. 88 $986 . 37 $ 14, 921 .23 STREETS $9,272.01 $ 111 .75 $9,383.76 $730.06 $717.86 $ 10,831 .68 WATER $ 12,758.09 $714.82 $ 13,472. 91 $ 1 , 048.20 $1 , 022 .23 $ 15, 543. 34 SEWER $6,570. 90 $539.00 $7, 109. 90 $553. 15 $535.38 $82198.43 PARKS $16,269.66 $0.00 $ 16,269.66 $ 1 ,252.08 $1 ,243.47 $ 18,765.21 RECREATION $202393 . 18 $0. 00 $20, 393. 18 $ 1 ,251 .01 $ 1 , 558 .56 $23,202.75 LIBRARY $ 16, 029.42 $0. 00 $ 16,029.42 $477. 51 $ 1 ,226.20 $ 177733. 13 TOTALS $218, 008.04 $2,939.43 $220,947.47 $ 10,575. 14 $ 1606. 17 $248,328.78 TOTAL PAYROLL 3/15/2008 $248 , 328 . 78 TOTAL INVOICES 3/2512008 $530 , 945. 15 TOTAL DISBURSEMENTS $779,273.93 P33 ClT6 Reviewed By: Agenda Item Number 0 ® Legal ❑ MAYM # � EST _ 1836 Finance ❑ Engineer El Tracking Number 4 (� c� City Administrator F1 9 Kul�n O Consultant ❑ Ab M b?m8 _ i 1 MLLE El Agenda Item Summary Memo Title: FY 08/09 Budget Update Meeting and Date: City Council 3/25/08 Synopsis : Council Action Previously Taken : Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Susan Mika Finance Name Department Agenda Item Notes : Please see attached memo. C/�y p Memorandum esr Baas To: City Council From: Susan Mika, Finance Director ®�(� CC: Brendan McLaughlin, City Administrator 9 p Date: March 20, 2008 �® k�,«e �C' Subject: FY 08/09 Budget eCE Despite several reviews of the budget and administration committee recommendations, the Mayor and City Administrator are concerned that the city's budget is approximately $ 1 ,500,000 dollars in deficit. We have been able to readjust the revenue projections and reduce some expenditures to close the gap. We plan to monitor the FY 08/09 budget in three month intervals, and if revenues increase, the Mayor has directed that we will reinstate funds for each department across the board according to these percentages. The Mayor regrets having to make this request, but that in consideration of the current trends in the economy and the forecast that this trend may continue for up to two years, the Mayor believes that the City needs to, at this time, be extremely conservative and fiscally responsible. It is not a time to be depleting our reserve funds. As we continue to work towards a balanced budget, I would like to update the Council on the status of the fund balance. $5,200,357 Starting General Fund Balance as of 4/30/07 $2,359,251 was designated towards capital improvements (the in-town road program) $2,841 , 106 was unreserved undesignated ($2,555 ,684) Projected use of fund balance as year end 4/30/08 -- a large portion of this use is for the in-town road program $2,644,673 Ending fund balance projected at 4/30/08 (19.8%) The ending fund balance projected for 4/30/08 is reflecting approximately $ 196,433 used from the unreserved undesignated fund balance. Proposal for FY 08/09 $2,644,673 Ending fund balance projected for 4/30/08 (19. 8%) 600,000 Use of fund balance in fiscal year 08/09 $2,044,673 Projected fund balance at 4/30/09 (15.3%) The above is a worse case scenario. We anticipate revenues will increase at the end of the 08/09 budget cycle based on new sales tax generators coining on line. Should our finances improve, as mentioned above, we will adjust the budget accordingly. A revised 08/09 budget will be presented to the Administration Committee for its review. Please let me know if you have any questions or concerns that I can address for you. � Reviewed By: Agenda Item Number J2 a T Legal ❑ rppy'S -�- &OQEf1Tiom EST. , l � 1836 Finance ❑ Engineer El Tracking Number 40 �� y City Administrator ❑ 9c�a �O Consultant ❑ �� abpg -�� <�E W��'�` ❑ Agenda Item Summary Memo Title: Acquisition of 202 E. Countryside Parkway Meeting and Date: City Council—March 25, 2008 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Dave Mogle Parks & Recreation Name Department Agenda Item Notes: =`1�o cir,o United City of Yorkville Memo a '" 800 Game Farm Road EST 1 1536 Yorkville, Illinois 60560 Telephone: 630-553-4350 II : � o Fax: 630-553-7575 <LE Date: March 20,2008 To: City Council From: Dave Mogle,Director of Parks and Recreation CC: Brendan McLaughlin Subject: Acquisition of 202 E. Countryside Parkway In July 2007,the owners Club 47 on Countryside Parkway in Yorkville, contacted the Yorkville Parks and Recreation Department for the purpose of informing us that they were considering selling their fitness business and facility. They wanted to know whether the city would be interested in acquiring the facility to continue the fitness and recreational programs offered there. Recognizing the acquisition of Club 47 as an opportunity to further the park and recreation department mission: "To create unique recreational and park experiences that enrich lives and create a sense of community", staff brought the matter to the Yorkville Park Board and the City Council. It was determined there was significant interest in researching a potential acquisition. In the following months several actions occurred to accumulate information to help in the decision making process. The materials gathered include: • Land and property appraisal • Business valuation • Physical evaluation of the facility by City inspectors and architectural consultant • Development of programming plan • Development of business and financial plan • Negotiation with owner Among the positive conclusions drawn from the research is that the building overall is in good condition and the value of the land, facility, and business is reasonable. The owners have been open to unconventional acquisition options that could lessen the impact a conventional acquisition may have on city finances. The Parks and Recreation Master Plan in 2004 called for "investigating the feasibility of a new community/fitness center to help augment Beecher Center." The focus of new recreation programming space is a repeating theme in goal setting in recent years. As made evident in the recent park and recreation department community survey, the department is at a point where the community is asking for increased recreational programs and activities. A public health and fitness facility and a recreation center with gyms and instructional rooms are in the top five most desired recreational facilities. The Club 47 facility offers a fitness center, gymnasiums, dance and exercise rooms, pool, track, and nursery. Its location in the heart of Yorkville is easily accessed by Yorkville residents from every direction. To build a new facility would cost millions of dollars more than to purchase an existing one. It is our vision to continue to offer quality programs and services to the residents of the United City of Yorkville. The acquisition of Club 47 is a unique opportunity that will help us provide increased recreational programming. The park board and park and recreation department staff are unanimous in a recommendation to approve the attached ordinance. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE AUTHORIZING THE ACQUISITION OF 202 E. COUNTRYSIDE PARKWAY, UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the United City of Yorkville, Kendall county, Illinois, is committed to increasing the recreational facilities and park areas available to its residents thereby improving the quality of life within the community; and, WHEREAS, the owners and operators of Club 47 Health and Fitness Center located at 202 E. Countryside Parkway in Yorkville ("Club 47") have decided to sell this facility and its business operation; and, WHEREAS, the Park and Recreation Board of the City have recommended to the Mayor and City Council that the City acquire Club 47 in order to assure its continued operation as a health and fitness center serving the Yorkville community; and, WHEREAS, after extensive investigation and discussion, the Mayor and City Council have determined that it is in the best interest that Club 47 continue to operation at its present location and that its operation should be expanded to provide additional recreational services for the citizens of Yorkville and the surrounding community; and, WHEREAS, the Mayor and City Council have determined that leasing the facility and acquiring an option to purchase the facility and the business operation during the lease term is in the best interest of its residents in order to ascertain whether such facility should become a permanent part of the City' s Park and Recreation Department; and, WHEREAS, after extensive negotiations with the owners and operators of Club 47, it has been determined that it is in the best interests of the City to enter into a lease agreement with an option to purchase pursuant to the terms and conditions hereinafter set forth. 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 City Attorney be directed to prepare a lease with an option to purchase the business and the facility located at 202 E. Countryside Parkway pursuant to the terms and conditions as set forth on Exhibit A attached hereto and made a part hereof. Section 2. That the Mayor and City Clerk are hereby authorized to execute said lease and option to purchase incorporating the terms and conditions as itemized on Exhibit A. Section 3 : This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _ day of A.D. 2008. ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE 2 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor Attest: City Clerk 3 EXHIBIT A 1 . Building and property purchase price: $4,000,000. 2. City pays $100,000 capital improvement payment at signing of lease to be put toward mutually agreeable improvements as agreed to by Parks Director and Lessor. 3 . Purchase price increases $ 100,000 per year through term of lease. 4. City purchases fixed assets for $250,000 at time of building purchase from Club 47. 5. Lease would be $17,500 per month and includes Club 47 and rental unit D for years 1 and 2 of the lease. 6. Lease would increase $500 per month in years 3 to 5. It would increase $500 per month in years 6 to 10. 7. Proposed Lease Commencement is June 1 , 2008. 8. City is responsible for real estate taxes, sanitation pick up, snowplowing, and outdoor maintenance for entire site, including units A, B, and C. 9. City carries insurance on its operation of the building. The private businesses in the rental units carry insurance on their operations. Walker Custom Homes, Inc. carries insurance on whatever it deems appropriate for its assets. 10. Term is 10 years. Should City seek to purchase or build another recreation center, the purchase of Club 47 will receive precedent over the other building. 11 . City is obligated to full term of lease nullified only through its purchase of the building. 12. If not purchased by the City at end of lease, City must pay $ 100,000 penalty. 13. Owner may not publically market the building, but may accept unsolicited purchase offers. City has first right of refusal. Another purchaser must assume the lease. 14. Walkers retain the ability to pledge the property or the lease payments with the City as collateral for financial obligations during the lifetime of the lease. They agree to a clause that in no event shall they pledge the asset for more than the balance due under the terms of the lease or ultimate purchase from the City. 15. Any additional capital improvements paid for by the Owner would increase the sale price of the building, ie. roof replacement, HVAC replacement, or major repair. 16. Any alterations or improvements to the property must be approved in writing by both parties. 17. City would grant Walkers use privileges for their immediately family, Ron's parents, and his brothers during the life of the Agreement. MAINTENANCE OBLIGATIONS City of Yorkville • Maintenance on all exercise equipment • Maintenance of all light fixtures • HVAC systems, filters, belts, etc. • Pool pumps, filters, belts, etc. • Hot water heaters, sofeners, etc. • Floor surfaces • Electronic equipment, computers, phone systems, tv's, appliances, stereos, etc. Walker custom Homes, Inc. • Roof leaks • Underground filtration lines to the pool. Main water and sewer lines • Any structural repair `01% C/T y Reviewed By: Agenda Item Number O� Legal ❑ E� r Finance ❑ EST. , _ 1836 --- Engineer ❑ City Administrator Tracking umber F-1 1 g 9 O Consultant ❑ Human Resources F-1 PC 2007-24 FLj�te City Council Agenda Item Summary Memo Title: Kalant Development Rezoning(R-2 to B-2) Meeting and Date: City Council March 25, 2008 Synopsis: Request for rezoning one parcel on the northwest corner of Route 47 and Center Street from R-2 to B-2. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report z o Memorandum To: EDC EST. -, 7836 From: Travis Miller l Cc: Lisa Pickering (for distribution) p �ltldi~. ' N 2 2008 ,p ... p Date: February 7, 4 J2 Subject: Kalant Rezoning <kE Plan Commission Recommendation The Plan Commission conducted a public hearing and reviewed the rezoning request February 13, 2008 and made the following action: Motion to recommend approval of rezoning R-2 Residential to B-2 General Business. 0 ayes; 5 no; 1 abstaining Findings noted at the meeting regarding the zoning classification included: The uses of property within the general area of the property in question include predominantly residential uses with a city park to the south and commercial uses across Route 47. B-2 zoning allows for more intense uses than these existing uses. The zoning classification of property within the general area of the property is predominately R-2 Residential with the exception of two parcels across 47 which are zoned B-2. Impact to the traffic on Route 47 due to the proposed parking lot location access point, as well as potential increases to traffic resulting on West Center Street by business patrons were noted as concerns if the property is zoned B-2. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan for the property recommends Traditional Neighborhood. The `Design Guidelines' are listed below for this Land Use: • Any development or redevelopment shall conform to all City regulations regarding their use • As most development will be redevelopment of existing sites, the distinct character of the (Transitional Residential) Neighborhood will be vulnerable to change. Therefore, all development must be carefully designed to fit the character of its existing surroundings. Existing residential and commercial uses should be preserved. Residential properties fronting on arterial streets may be used for professional or service offices, or for small retail shops consistent with the character of such uses in the downtown area. Findings Necessary for a Zonin¢ Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) Background/Need for new Public Hearing auOT Notices of the July 11 , 4888 Plan Commission public hearing for the Kalant rezoning request were not sent via certified mail to the surrounding property owners in advance of the July 11 , 2007 hearing. Based on thus, Kathleen Field Orr, City Attorney has advised to conduct a new public hearing. The chronology of events related to the Kalant property rezoning: May 11 , 2007 Received application requesting to rezone property June 21, 2007 Plan Council reviewed petition and forwarded to Plan Commission July 11, 2007 Plan Commission held Public Hearing and forwarded recommendation to City Council July 17, 2007 EDC reviewed the Plan Commission recommendation and raised concern regarding parking adjacent to the Town Square Park — requested petitioner to address and return to August EDC August 21, 2007 EDC reviewed site plan, petitioner addressed concerns regarding parking and reviewed a draft Development Agreement. EDC forwarded to COW/City Council August 28, 2007 COW/City Council — Approved rezoning to B-2 and approved execution of Development Agreement Last week in Staff received call from adjoining property owner regarding November business activities in the home on the property — the resident explained they had not received notification of the public hearing. i Staff researched to verify if all notices were published and mail properly — it was verified that the property owners within 500' of the property had not been notified by certified mail. December 4, 2007 Staff reviewed the case with Kathleen Orr who advised to re- conduct the public hearing and ensure notices are mailed as required. Notified the petitioner's attorney and explained the need to conduct a new public hearing. Received direction from Kathleen the week of December 101h to proceed with new public hearing as originally planned. December 13, 2007 Sent the petitioner memo regarding public hearing date and draft affidavit for certified mail to be sent in advance of the hearing. Following week — Called the resident who had contacted staff regarding the lack of notice and explained a new public hearing was scheduled. r ;^4t' o I I -la i rjm. lY } M ubjeet Properties _ I i F F.Y. 11�� Uniletl f,Ity nl Yar FVrlle 1'IS ;�, r y 1: ❑ 1 1 ly I u Parcel Data and Aerial P1lomylaphY acy m yi y Iuul n w c v u n 1 ss 1 a l y + 1 yi' Provided By Kendall County GlS anN y nnao - na n 11 'arll car arraml s rvpnnsoJ w ny l ca.l U • E_Park St. _ � I j q i sotnonau . � St W Somoriauk S!t I � c IVV Spring St IE Spring St VV C)onterSt c: VV Main ti. iblain St VU River Sfi rri I q u r -- o�id�. unilFd Cify of YorNvi!/r i;6S „ p u.iss ..,.� n .ii "�-.i,on�ibeiry ni m.: ,,.(- I wei wra and Aerial Yhntu9raptry -+��<i 1 rl tei i r it - 1,111011 By Kendall Comdy, Pchrunty ISlnyor V;delur Hula ( ily I ouucil Mc mb,•rn I Inilud City d Y"II'vllla I mdim:R I ronl Ionloll: I at ;I,Idtrtisi I u ru❑ Iod,ls br, IuI!,k I rccrlvc I it ccrtiIIUd Iollui' ruy u(sliu_,. n i.wiIIg cL;utgr I II IIIC II,)prlIv 1,1,,II1 d iqi IIP'. l,tI,I 11,etiI I,'kkiII,I If W.('CllItI lilted :wet Riddle d 1, wotdd Ilk, ynn lit I<uaw I :ml vnnylk'loly ItI l Iha Z.uuinu ima I,sidrulial In Illc;inc9s, im +hocked IL;h (it,, teyu,°;I Inr n)niug ah:mtc ua Ihis pluperly unu.lc it thtoul,h the I,�"ICIn List 10IIIllne1 withunl mly oily emp6lyee vc til'yine_pruper prucedutc hml becu I,lllmved pilot lu the m:ulrr appcm'ing in Inns ,1 ( Ir ('nuw:il. Ill addiltuu to bcilli, it plop, th uwncr Ihnl recently reecivcd:l erltila•.d Ieltci conc'crttim"the ttyulsl, I would nhat like Iu ,tub_ Ihm I urn it cmicol City ;uk Ituanl hl,m1m. l he prnpclly zoning -,hold d lcmuin residential 161 a nwnl,tcr of It:I-ow+ :clip,slit iu;t li.sidollliil plolwlty, All ndjnc,ill is prutcsiiup,lb,. w(loc•u tut ;,aliugr ruipu I Ilk, pr,'t),I , r: ;tdjwc Ill I) I yw.nr I Ill. Ill, plop, I n Is nrlt Galt whools nroi It h1wti" I Ilk pl''Ilk m ll,I dnrn nnl wsidc ill 'i orkvilk� I hill,e❑ V"itr. :tyo I c;r'. :al artier puulclpnnt lit It Noik111)"Iltood P;Ilr„I t Inwp Iba mdl,ed Iho ;;Irceh:of:Atuns �rr�nin} L. .rr:uadieAuromPolic yI)opollnti Ill ill ""pimtaudmaking nui PJthorh„otk nlfc. ah, rnnq drn•d (.-hircm Police Acmicnn I minmp. :nld I tndlord I Imillnc. I ht r.meb lno,l impottiml point Ic,c; peul)Ir liviu} in rc,iJcltlinl ,It igillmihood•, [ill( w6d nm-nliun I„n11 ncliVity ilk Iheir uei;dO n'Luuds, Milk luo-v, Ilhn hctoul-ed Ill Ih,•lr uci Plthnthood :uul ho dill not, wlto!'„I involved ilk kctpint, their Ill ltd l buthutn l,;a It by p;(I Iwi pa l ill in Ilowillmll mod ,.vawk vvote tcsponsible. I'ot keeping Ruud alld safe'. wi)JIhollluuds. I link: tsnl »dj;ieenl pruperp t,lener with rltildt, n .II home taking respousibilily Ill her dlildren',, >ntely Icyuc,liup the propene hr nursed I,'iidrtdutl :t:, it less, when She ne(ptired her propel iy. the ptuperty,ulvnet.in I,I, u_ the cI ;III_e d-ws nut_c,iilc;II Illc IItI,I Ii address, IIc duos not ruside ilk Yorkvtdlc I :nil colic this prupelh; I, sidenlild Very, lralv;i Vich(rin K (IV([I-\ t 101 Mi. Blidt,;- 'itreel, Y"d %111c, 11, 60."60 Coll 91 )//III 8 t1! February 12,2008 Plan Commission City Council Mayor Valerie Burd United City of Yorkville I am coming here today to speak against the rezoning petition made by the property owners at 101 W. Center St in Yorkville. When I found out that the property had been rezoned without the proper notification of property owners 1 was upset and appalled that such an important piece of the rezoning process was overlooked. I was further fivstrated that when the city was notified they failed to bring it to the City Council,1 contacted my alderman who then brought the issue out into the open. The tact that this mistake was allowed to stand is disturbing and try as 1 might it is very hard to have confidence in the city government looking out for the rights of its citizens. The property in question is directly adjacent to our family's home and to the Towne Square Park. One of the big reasons this neighborhood appealed to us was because of all the family friendly activities and atmosphere that the park offers. All three streets that surround the park west of Rt.47 are entirely residential with the exception of the Chapel on the Green. This is a wonderful neighborhood and our family loves it. There are several reasons why I am asking that you turn down the request to rezone this property: 1. 'This property does not face Rt.47, it faces the park and Center St. 2. Even though this house(at 101 W Center St)is directly adjacent to Rt.47 because it faces the park it makes a great residence. The two previous residents that we have known loved living there. 3. An additional business entrance would further hinder the traffic flow on Rt 47 4. The close proximity to the schools and the park has the potential to endanger the safety of the children in the neighborhood. 5. Once a bushtess is allowed to operate in this residential area it opens the doors for more to follow and ruin family atmosphere created by the neighborhood,park and family activities. 6. When we moved here the last thing we envisioned for our backyard was that it would overlook a parking lot. I respectfully ask that you commit to keep the quality of this residential area surrounding Towne Square Park intact by denying the encroachment of business into our neighborhood. Thank you for your time, U Doug&Valerie Pierson 103 W.Center St. Yorkville,IL 60560 630-553-1745 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Kalant Property) WHEREAS, Don Kalant and Hitesh Patel (the "Owner") is the legal owner of record of property described on Exhibit A attached hereto and incorporated herein (the "Property"); and, WHEREAS, the Owner of the Property has made application by petition for the rezoning of the Property; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville that the City Code of the City of Yorkville be amended as follows: Section 1 . The City Council rezones the property as B-2 General Business District. Section 2: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this _ day of , A.D. 2008. City Clerk ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS JASON LESLIE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor 2 EXHIBIT A LEGAL DESCRIPTION Lot 8 Block 12 original Village of Bristol, City of Yorkville, Kendall County, Illinois 3 `,<eo,D Clp� Reviewed By: Agenda Item Number J2 Legal ❑ A It Finance F]EST. l 1836 Engineer ❑ Tracking Number 0� I� City Administrator ❑ Consultant ❑ Fl ADM 2008-19 <LE `Vv Agenda Item Summary Memo Title: Tuition Reimbursement Request Meeting and Date• City Council—March 25, 2008 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: co, 4 O Memorandum To: Administration Committee EST From: Bart Olson, Assistant City Administrator 4 CC : Brendan McLaughlin, City Administrator 9 p Meghan Gehr, Administrative Assistant w2 Date: March 17, 2008 ®�L� � Subject: Tuition reimbursement request Per the tuition reimbursement policy (attached), the City Council has to review and consider certain requests for tuition reimbursement and degree programs and review the budget line item accordingly. At the March Administration Committee meeting, a tuition reimbursement request for a current employee was presented and considered. The committee voted 3- 1 in favor of forwarding the following proposal to City Council for consideration. The proposal (verbatim) is included below. Two members of the committee were in favor of the proposal, one member felt it deserved consideration by the entire Council but was not necessarily in favor or opposed, and one member was in opposition based on a desire to avoid setting a precedent of approving requests for degree programs that were not directly related to an employee' s current job functions. All four members of the committee were in favor of an extended tuition repayment period, should the request be approved. The proposed extended tuition repayment period is as follows: Less than or equal to 1 year 100% More than 1 year to 2 years 75% More than 2 years to 3 years 50% More than 3 years to 4 years 25% An approval of this tuition reimbursement request, degree program, and extended tuition repayment period will create two large benefits to the City. The first is that it creates a large incentive for the employee to stay with the City; employee retention is generally viewed as very positive for both employees, supervisors, and the City as a whole. The second large benefit is that during the 2 year degree program and the ensuing repayment period the City will be able to utilize the employee' s education on special projects and routine processes. As discussed at the committee meeting, no essential Clerk's Office functions will be sacrificed for assignment to human resources-related work; as supervisor of the Clerk' s Office, I will not allow it. Howeveri with only one employee currently trained in human resources in the City, it is to our benefit to have an individual that is cross-trained to assist when needed. As evidence to the availability of human resources projects within the City, as Assistant City Administrator, I frequently work with Denise on human resources related items including the upcoming employee manual amendments, job descriptions, and policy creation. ' It is verbatim from my February 27 h memo. Accordingly, the section of"additional considerations" is out of context within the current memo. The current proposal in this memo is based on the Administration committee's discussion of those "additional considerations". Finally, the February 27th memo from me that was included in the March Administration committee packet detailed two other requests for tuition reimbursement for two other employees within the Administration department. Both of these requests do not need to be approved by the City Council for the degree program, but funding for the requests would need to be considered in the FY 08/09 budget. The FY 08/09 budget is currently drafted with both of these requests budgeted. Additional details on these requests can be obtained by referencing my February 27th memo, or by contacting me. 1 ) $3,800 for current Administrative Assistant, Meghan Gehr, to start courses towards a Master's degree in Human Resources. All courses would be specialized in the field of human resources and personnel management. The current job description' s educational requirements are a high school degree, meaning this degree program must be approved by City Council. Meghan has applied to the University of Illinois Urbana-Champaign' s graduate school, and pending admittance will be completing online coursework starting in the summer — even if tuition reimbursement is not granted by the City. The $3,800 would fund these classes at roughly a 47% rate for the entire fiscal year. The degree program will take Meghan two years to complete. Tuition reimbursement for FY 09/10 will remain at the Council's discretion. The City Council controls approval of the degree program and the funding for the degree program. a. Additional considerations: The current tuition reimbursement policy includes a repayment clause if the employee leaves the City within a certain time period after completion of the course. Since this is a unique circumstance, I would recommend we look at additional provisions, including possibly extending the repayment clause period. Meghan and I have discussed these additional provisions, and she is accepting. Finally, granting tuition reimbursement for this degree program should be weighed against the probability of the City's future need to expand the Human Resources department. In my opinion, I feel that in a two to three year period the Human Resources division may need to expand. It is impossible for me to guarantee future employment or promotions to an individual, and in this case I have made no such guarantee to Meghan. Even if the department does not expand, any education related to Human Resources can be used in an as-needed or special projects basis. As I stated above, Meghan has made it known to me that she will be pursuing this degree regardless of our approval of tuition reimbursement. Approving some tuition reimbursement will allow us to capture the benefits of her education during an extended and no-risk employment term. Section 8.6 Education and Training a. 'The City shall pay all expenses including wages at "regular" pay, travel', and training fees for any full-time or approved part-tune employees enrolling in 0`Segmred" trammg C011CSES ', , . - Comment [1301]: Not applicable to - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - this request ) b. All requests by an employee for the enrollment to a college degree program or certificate programs must be submitted by the Department Head to the City Administrator for approval. Any requests for a degree program beyond one level above what is explicitly stated in the minimum requirements for each position's job description must be submitted to the Mayor and City Council for approval. The City recognizes four (4) levels of degree programs described as follows: 1) high school, 2) 64 credit hours of college coursework, 3) bachelor's degree, and 4) master's degree. Then all courses related to the program shall be eligible for payment subject to budget approval. This provision shall be subject to change and does not entitle any employee the exclusive right to receive approval and/or be eligible for payment. Furthermore, the employee shall provide a grade or transcript to the Department Head upon the completion of each course. Any revisions or change requested by the employee to the approved program must be submitted to the Department Head for approval prior to the revision or change. c. The City may pay all expenses of an elective course. An elective course is one that may benefit the City by added knowledge, but is not directly related to City operations. d. The tuition and fees only (no books or materials) of an elective or required course will be paid through direct billing from the appropriate school, pending the completion of a consent form for repayment. Tuition rates will be paid for at an amount not to exceed the current per-hour rate charged at the University of Illinois as is designated at the time of class approval. The employee will sign the payroll deduction form prior to the enrollment of the course stipulating to the following provisions will apply: if a grade of a C-average or better is attained upon the completion of the course the class will be considered complete and paid for by the City. If less than a C-average is attained, the employee will be required to pay back 100% of the tuition and fees to the City through a payroll deduction as stipulated within the payroll deduction sign off form or direct payment to the City. e. All Department Heads will complete the Off-Premises Training Hours Worked Agreement form (Appendix N) for all employees who attend training outside the Chicago Metropolitan areal comment[BM]: Notapphcablelu — -- ' - - this xequesL= f. If arrangements can be made with company or institutions that are more advantageous to the City, efforts will be made to benefit from those arrangements. Employees taking off-shift classes that are required shall be paid at their regular rate of pay, including mileage_ - - - - - - - - - - - - - - - - - - - - - - - - Comment IBM]: Not applicable to C tiusrequem g. When seminars are deemed in the best interest of the City by the Department Head and the appropriate ',City Council Committee, only Committee approval is needed to send an employee to the seminar and pay expenses incurred: However, if the seminar or conference is stated within the narrative of the budget, this constitutes approval. In addition, all out-of-state travel for meetings/seminars/trainigg/conferences that have numerous locations the Department Head must select the most cost effective destination. For any request that is not included within the narrative of the budget the Department Head must receive approval by the Mayor and the appropriate City Council Committee. - Comment IB04I: Not appbcable to _ . - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ibis requesli h. [Deleted by Resolution 2005-041 L If an employee voluntarily leaves the City within two years of completing a course reimbursed under this policy, a percentage amount of reimbursed expenses must be repaid to the City according to the following schedule: a. 0-6 months of completion of course — 100% b. 7- 12 months of completion of course — 75% c. 13-18 months of completion of course — 50% d. 19-24 months of completion of course — 25%