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City Council Packet 2007 07-24-07 `�fpD C/py United City of Yorkville 800 Game Farm Road ESL , 1836 Yorkville, Illinois 60560 o Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday,July 24, 2007 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: 7:00 p.m., August 7, 2007 City Hall Conference Room Economic Development Committee: 7:00 p.m., August 21, 2007 City Hall Council Chambers Administration Committee Meeting: 7:00 p.m., August 7, 2007 City Hall Council Chambers Public Safety Committee Meeting: 6:00 p.m., August 21, 2007 City Hall Conference Room City Council Meeting Agenda July 24, 2007 Page 2 Presentations: 1 . Aux Sable Creek Watershed Plan ----------------------------------------------------------------------------------------- - ---------------------- Public Hearings: 1 . Sexton Development, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and rezoning from Kendall County A- 1 Agricultural to United City of Yorkville Planned Unit Development, and Concept PUD plan. The real property consists of approximately 272. 186 acres, located on the north side of Illinois Route 34, cast of Eldamain Road and west of Cannonball Trail, Yorkville, Illinois. ----------- --------------------------------------. ------------------- -- ------------------------- - Citizen Comments: Consent Agenda: 1 . PS 2007- 14 Sale of 1991 Ford Thunderbird (Old DARE Car) — approval to sell car through sealed bid process 2. PS 2007- 15 Request to Purchase Vehicles — Planned in FY 07/08 Budget a. 2008 Ford Explorer — approve purchase from Landmark Ford in an amount not to exceed $21,310. 48, aspresented b. Ford Crown Victoria — approve purchase from Landmark Ford in an amount not to exceed $20, 772. 48, subject to receipt of additional capital revenue, as presented c. Dodge Charger — approve purchase in an amount not to exceed $19, 747. 00, subject to receipt of additional capital revenue, as presented 3 . PS 2007-20 Ordinance Amending City Code Regarding Solicitors, Hawkers, & Itinerant Merchants — authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — July 10, 2007 Minutes of Committee of the Whole — June 19, 2007 and July 10, 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 736,807.82 (vendors) $ 240,363.01 (payroll period ending 7/7/07) $ 977, 170.83 (total) Reports: Mayor's Report: 1 . EDC 2007-28 In-Town Road Program (Phase 2 Streets) — Change Orders Nos. 1 & 2 City Council Meeting Agenda July 24, 2007 Page 3 Reports (con't): City Council Report: 1 . COW 2007-12 Amended and Restated Governing Ordinance 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: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Public Works Committee Report: 1 . No Report Economic Development Committee Report: 1 . No Report Public Safety Committee Report: 1 . PS 2007- 10 Ordinance Prohibiting Left Turns at Rt. 47 & Hydraulic and Rt. 47 & River Administration Committee Report: 1 . ADM 2007-48 Monthly Treasurer's Report for May 2007 2. ADM 2007-54 Ordinance Amending Sections 3-3-4 and 3-3-16 of Chapter 3 (Liquor Control) of Title 3 (Business and License Regulations) of the United City of Yorkville City Code 3 . ADM 2007-55 Resolution Amending United City of Yorkville Employee Manual Regarding Verification of Employee Driver's Licenses Additional Business: Executive Session: 1 . For the purchase or lease of real property for the use of the public body. Adjournment: City Council Meeting Agenda July 24, 2007 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES !PUBLIC WORKS; ------------------- ----- - - - --------De part------ ait- Committee ments 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 Liaisons 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, 'Ca-- -_ -------- -- ------------- - - - - mmittee Departmennts ts Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderwoman Sutcliff Schools School District Committee: Alderman Werderich Public Relations KenCom Committee: Alderman Plocher ----------------------------------------I ;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 WORKSHEET CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Tuesday, July 24, 2007 PRESENTATIONS : 1 . Aux Sable Creek Watershed Plan PUBLIC HEARINGS: 1 . Sexton Development, LLC CITIZEN COMMENTS: CONSENT AGENDA: 1 . PS 2007-14 Sale of 1991 Ford Thunderbird (Old DARE Car) 2. PS 2007- 15 Request to Purchase Vehicles — Planned in FY 07/08 Budget 3 . PS 2007-20 Ordinance Amending City Code Regarding Solicitors, Hawkers, & Itinerant Merchants Minutes for Approval (Corrections and Additions): Minutes of City Council: July 10, 2007 Minutes of Committee of the Whole: June 19, 2007 & July 10, 2007 Bill Payments for approval: $ 736,807.82 (vendors) $ 240,363 .01 (payroll period ending 6/23/07) $ 977,170.83 (total) REPORTS: Mayor's Report: 1 . EDC 2007-28 In-Town Road Program (Phase 2 Streets) — Change Orders Nos. 1 & 2 City Council Report: 1 . COW 2007-12 Amended and Restated Governing Ordinance COMMITTEE REPORTS: Public Works Committee: 1 . No Report Economic Development Committee: 1 . No Report Public Safety Committee: 1 . PS 2007-10 Ordinance Prohibiting Left Turns at Rt. 47 & Hydraulic and Rt. 47 & River Administration Committee: 1 . ADM 2007-48 Monthly Treasurer's Report for May 2007 2. ADM 2007-54 Ordinance Amending Sections 3-3-4 and 3-3-16 of Chapter 3 (Liquor Control) of Title 3 (Business and License Regulations) of the United City of Yorkville City Code 3 . ADM 2007-55 Resolution Amending United City of Yorkville Employee Manual Regarding Verification of Employee Driver's Licenses Additional Business Aux Sable Creek Watershed Plan Update — Summary of Project Activities, Outcomes,&Benefits— Project Description The Conservation Foundation, in collaboration with the Aux Sable Creek Watershed Coalition, is working to remediate and prevent degradation of the Aux Sable Creek watershed. The pace of development is so rapid that we need to continue efforts to improve development practices, avoiding approaches that have been proven to be detrimental to creek quality. Studies show that as impervious area increases in a watershed, a creek's quality degrades—they are directly connected. This project seeks to reverse those findings and work to protect the creek and the quality of life for the communities growing into the watershed. The proposed project includes two components: 1)updating and strengthening the Aux Sable Creek Watershed Plan and 2) education and outreach to protect the Creek. We must continue work to position the community to initiate and continue projects to remediate and protect the Aux Sable Creek and its watershed. Components 1. Update and Strengthen the Aux Sable Creek Watershed Plan • The IEPA requires that watershed plan address nine criteria in order to qualify for future funding through the 319 Non-Point Source Pollution Source Program. The Aux Sable Plan will be updated to meet those criteria, which include: • An identification of the causes and sources of NPS pollution • An estimate of the pollutant load reductions expected following implementation • A description of measures to implement to achieve pollutant load reductions estimated • An estimate of the amounts of technical and financial assistance needed, associated costs, and/or the sources that can implement the plan • A public information/education component that is designed to change social behavior • A implementation schedule • A description of measurable milestones • A set of criteria to determine whether pollutant loading reductions are being achieved • A monitoring component • A master open space/green infrastructure plan will be an appendix item (completing an open space plan for the watershed—similar to PKN process & using GIS) 2. Education&Outreach This is integral to protecting the quality of the Aux Sable Creek. A plan, once completed, cannot sit on a shelf. We need to work to promote and implement it. Several strategies have been identified: Pagel of 3 Aux Sable Creek Watershed Plan Update Summary of Project Activities, Outcomes, & Benefits May 3, 2007 • Contacting landowners pursuant to the watershed's master open space plan (similar to PKN) • Conducting educational presentations to promote the updated Aux Sable Creek Watershed Plan and educate on conservation design principles to a variety of local entities. Activities to include: • Giving informational presentations on how water quality is protected through open space/green infrastructure planning and encouraging sustainable development within the watershed. • Sharing information on best management practices • Facilitating model conservation design developments in the Aux Sable Creek • Target developers in the area with a training module providing more information to developers to encourage conservation and sustainable development principles through a better understanding of the benefits, availability of resources, and market interest. • Emphasizing the cost savings of green principles (open space, best management practices, and green building) through use of the Center for Neighborhood Technology' s Green Infrastructure Calculator and other appropriate tools to make conservation design development the norm in the Aux Sable Creek watershed. • Educating local governments and the general public on protection and stewardship of natural areas. Outcomes • Updated watershed plan, meeting IEPA criteria. • Watershed-wide open space plan (in GIS). • All landowners in watershed with areas identified as open space have been contacted — to gauge interest in land preservation, continue education about conservation options, and work with interested landowners. • Recommendations for ordinance updates to encourage less hard infrastructure (use green infrastructure) and development methods that respect the natural environment — through use of more BMPs. • More conservation design and sustainably developed new developments — due to developer's & local government's higher level of understanding on the benefits and implementation. Benefits In addition to the measurable outcomes we identified, there are long term benefits and less tangible benefits to the project as well. Those include: • Further implementation of goals in area comprehensive plans regarding protecting quality of life, building a relationship between human activities and the environment, preserving natural resources, and providing public open space. • A base from which local governments can collaborate and achieve funding efficiencies. Local governments can use the master open space plan to demonstrate how desired land fits into their preservation plans when seeking public and private funding for acquisition. Page 2 of 3 Aux Sable Creek Watershed Plan Update Summary of Project Activities, Outcomes, & Benefits May 3, 2007 • Positioned to qualify for future EPA funding to protect creek, with projects meeting the updated plan. (This would be available to groups such as the watershed coalition, local governments, local land trust organizations, other community organizations.) o For example, if the watershed plan update finds stream bank erosion to be an issue, then a future project to stabilize the shoreline could qualify for IEPA 319 funds because it fits with a plan. • Long-term benefits and systematic solutions of • reduced storm water runoff and flooding • improved water quality • improved air quality • continued wildlife viability • Increased property values • Lower crime rates (studies from the University of Illinois Landscape and Human Health Laboratory show evidence of landscaping reducing crime rates) • Fewer public expenditures on engineered solutions to: • storm water management and flood control • water quality protection • erosion control • Compliments other local activities: • Local watershed organizations: Aux Sable, Nettle, Mazon • Kendall County Forest Preserve District • Morris Community Foundation' s Community Works program in Morris area & throughout Grundy County • Forest Preserve District of Will County • Grundy County forest preserve district discussions • Prairie Parklands Ecosystem Partnership • Illinois Headwaters RC&D formation Funding Total project cost (2 years): $231, 126.00. —Percentage Amount Funder Status 56 % $129,600 Illinois EPA Confirmed 26 % $60,281 Grand Victoria Foundation Confirmed 6 % $ 15,000 Morris Community Foundation Requested 3/15/07 1 % $2,500 Kodak American Greenwa s Applying in May 11 % $26,500 local governmental units Requesting 1 % $3,000 Aux Sable Creek Watershed Coalition Raising funds Page 3 of 3 / ! - - # 0 §j ) \ ! ! ! 0 | J5 a0 d ; co / - \ \ ) / ) ) Tuwc NG/4v- 1�3& Submitted to Village 4+ 1 On May 25, 2007 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the—day of , 2007 by and between LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 ("OWNER"), BRADFORD REAL ESTATE SERVICES, CORP. ("BRADFORD"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("CORPORATE AUTHORITIES"). OWNER, BRADFORD and the CITY are sometimes hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES". RECITALS: A. OWNER is the owner of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit"A" (hereinafter referred to as 'PROPERTY"). B. BRADFORD intends to acquire a portion of the commercial acreage of the PROPERTY from OWNER and/or enter into a joint venture agreement with OWNER with the intent of proceeding with development of that portion of the PROPERTY conceptually planned for commercial purposes. The PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNER intends to develop and/or sell and/or enter into a joint venture agreement on the remaining portion of the Property conceptually planned for commercial purposes. 1 Submitted to Village On May 25, 2007 D. OWNER intends to develop and/or sell and/or enter into a joint venture agreement with the portions of the PROPERTY conceptually planned for residential purposes. E. OWNER desires to annex the PROPERTY to the CiTy. F. OWNER requests a Planned Unit Development ("PUD") zoning designation for the purposes of developing residential and commercial uses ("DEVELOPMENT") on the PROPERTY, which substantially conforms to the City's Comprehensive Plan. G. OWNER requests that the City's Comprehensive Plan be revised to conform to the PUD approved by the City. H. OWNER desires to proceed with the DEVELOPMENT in accordance with the terms and provisions of this Agreement. I. OWNER proposes to develop the PROPERTY in substantial conformance with the Conceptual PUD Plan attached as Exhibit "B" which contains a commercial component consisting of approximately one hundred thirty (130) acres, a targeted senior housing component consisting of approximately seventy (70) acres, and the "Rob Roy Club" component consisting of approximately seventy (70) acres. J. The CITY acknowledges that the boundaries between the various development areas depicted on the Conceptual PUD Plan are conceptual in nature and that such boundaries may be modified by DEVELOPER, and that preliminary and final PUD plats for the PROPERTY may reflect lot dimensions, dwelling unit types, more or less dwelling units and subdivision layouts that vary from those depicted on the Conceptual PUD Plan provided the bulk standards for individual dwelling unit types and commercial square footage as set forth on Exhibit C are adhered to. 2 Submitted to Village On May 25, 2007 Subject to DEVELOPER securing preliminary and final PUD plat approval for the various phases of development of the PROPERTY at public meetings of the Villages Plan Commission and City Council, no further zoning approvals shall be required of DEVELOPER as a prerequisite to the receipt by DEVELOPER or its assigns of the permits necessary to the development of the PROPERTY, the construction of dwelling units on any portion of the residential component or the development of non-residential uses on any portion of the commercial component. K. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested Conceptual PUD Plan on o2007. City Council conducted the public hearing on the annexation agreement on 2007. The City Council conducted the public hearing on the special service area district and on the business district on r2007. L. The CITY and OWNER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. M. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Annexation Agreement and the rezoning, subdivision and development of the PROPERTY, and the creation of the Special Service Area and the Business District, all as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. N. (i) Each party agrees that it is in the best interests of the OWNER and the 3 Submitted to Village On May 25, 2007 CITY to annex and develop the PROPERTY described in the attached Exhibit "A" as aPlanned Development establishing a unique character through the provision of a mix of uses within a master planned community including commercial, residential neighborhoods and open spaces interspersed throughout the development and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide development of the SUBJECT PROPERTY. (iii) The PROPERTY is contiguous to the corporate boundaries of the CITY O . It is the desire of the CITY and the OWNER that the development and use of the PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. P. The OWNER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, 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. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition to Amend the Comprehensive Plan and the Petitions for Zoning and Annexation with drawings submitted therewith, including the Conceptual PUD Plan, attached hereto as Exhibit "B" and agree that the annexation, zoning and plan for the PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of 4 Submitted to Village On May 25, 2007 the various agreements made between the parties: 11 LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2, EXISTING AGRICULTURAL USE. The City agrees that the interim use of all or any portion of the PROPERTY as agricultural shall be permitted as legal non-conforming uses of the PROPERTY until such portions are actually developed. 3. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the PROPERTY as a PUD in accordance with the provisions of this Agreement. 4. CONCEPT PLAN. In conjunction with the annexation of the PROPERTY and zoning the PROPERTY PUD, the CITY shall adopt an ordinance granting approval of the Conceptual PUD Plan ("Concept Plan") in substantial conformance to the Concept Plan prepared by Rolf C. Campbell & Associates, Inc. dated May 21, 2007 and attached hereto as Exhibit "B". The PUD consists of a mixed use of a variety of residential product types and a variety of commercial uses. The Concept Plan depicts the general location of the residential and commercial land uses. The exact boundaries shall be determined upon presentation of the Preliminary and Final PUD Plans. As currently shown, the commercial development area of the PUD is located north of the Route 34 frontage on both sides of the Rob Roy Creek, and contains approximately one hundred thirty (130) acres; the targeted" senior residential development is located west of the Rob Roy Creek and north of the commercial development area, and consists of approximately seventy (70) acres; and the Rob Roy Club residential development with a variety of non-equity residential product types, including single family cluster housing, 5 Submitted to Village On May 25, 2007 townhomes, duplexes and mid-rise buildings (not exceeding 4 stories) is located east of the Rob Roy Creek, north of the commercial area, and on the west side of Beecher Road, and consists of approximately seventy (70) acres. Owner has prepared a depiction of the various development areas within the PUD for the entire development, which is attached as Exhibit "D" ("the Development Area Plan"). While the Concept PUD Plan is intended to show the land use areas on the Property, the Development Area Plan is intended to show the maximum intensity of development that can be achieved by the Owner within the land use areas upon the City's approval of the Conceptual PUD Plan 5. PRELIMINARY AND FINAL PUD PLATS. Thereafter, upon and in compliance with the requirements of the CITY Code including and consistent with the terms of this Agreement, the OWNER or Developer shall submit an application or applications for Preliminary PUD Plan approval for each development parcel or for the entire property or any combination thereof, complete with preliminary engineering plans, landscape plans and elevations of the buildings proposed to be constructed. Thereafter, the CITY shall adopt an ordinance or ordinances granting a Final PUD Plan so as to allow for the development of the PROPERTY in conformance with Exhibit "B" and Exhibit "D" for each development parcel or for the entire PROPERTY or any combination thereof. To the extent that the Preliminary or Final PUD Plans to be submitted in the future by OWNER require departures from the City Zoning Ordinance and other City Codes, the City agrees to reasonably consider all departures required to allow construction of the proposed Preliminary and Final PUD Plans in accordance with Section 6 of this Agreement. The CITY acknowledges that the commercial development will be developed as individual commercial lots for sale and for OWNER retained commercial parcels. As a result the development will require and the CITY shall not object to any cross access easement or 6 Submitted to Village On May 25, 2007 reciprocal easement agreement required to properly provide for the required access between commercial uses. 6. DEPARTURES FROM LOCAL CODES. The specific modifications and departures from the CITY's ordinances, rules, and codes requested by OWNER have been set forth on Exhibit "C" ("Permitted Departures"). In conjunction with the annexation of the PROPERTY and zoning the PROPERTY PUD, the CITY shall adopt an ordinance granting approval of the Permitted Departures prepared by Rolf C. Campbell & Associates, Inc. dated 2007 and attached hereto as Exhibit "C. Because the OWNER has not completed its detailed development plans to the specificity of a Preliminary or Final PUD Plan, the CITY agrees to reasonably consider any additional request for modification or departures requested by OWNER at the Preliminary of Final PUD stage. 7. SPECIAL USE REQUESTS. The OWNER and CITY acknowledge that some specific uses shall require Special Use permits to operate in the City, for such items such as a drive-through window, among other things. The OWNER agrees that the individual user shall submit the required plans and information required with the special use application for review and approval of the CITY. The CITY agrees to expeditiously process and reasonably consider future requests for special uses for individual uses and shall conduct any necessary public hearings therefor. 8. UTILITIES EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER agrees that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as authorized variations by this Agreement ("Utilities and Public Improvements'). Any on-site work and the cost thereof shall be the responsibility of OWNER except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution 7 Submitted to Village On May 25, 2007 and responsibility for off-site street related improvements. In the event the CITY cannot obtain the necessary off-site easements for the extension of the waterma;nc, OWNER shall be allowed to extend water mains from other locations to the PROPERTY within existing easements or rights-of-way. In addition, the CITY agrees that, at OWNER's request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by OWNER for easement purposes only, and not as to acquisition of fee title, for sanitary sewer, storm water drainage or potable water purposes shall be the responsibility of OWNER. The CITY shall not incur any acquisition cost not approved by OWNER. 91 POTABLE WATER SUPPLY SANITARY SEWER RECAPTURE AND FUNDING MECHANISMS. A. Water. The CITY represents to OWNER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNER and occupants of the PROPERTY as developed pursuant to the terms of this Agreement. As required by the CITY Engineer, OWNER shall connect the entire project, including that portion west of Rob Roy Creek to the watermain to be constructed on the Kendall Marketplace Property located to the east of the PROPERTY. OWNER shall not connect the project to the CITY watermain located south of Route 34. The CITY shall obtain the required easements of access for construction purposes over any portion of the Kendall Marketplace property necessary to allow connection to the Kendall Marketplace watermain, or the CITY shall require the developer of Kendall Marketplace to extend the watermain to the 8 Submitted to Village On May 25, 2007 PROPERTY. B. Sanitary Sewer. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use in the PROPERTY as developed pursuant to this Agreement. The OWNER shall connect that portion of the PROPERTY located east of Rob Roy Creek to the existing thirty-six (36") inch sanitary sewer interceptor located along the east property line of the PROPERTY. The OWNER shall connect that portion of the PROPERTY located west of Rob Roy Creek to the sanitary sewer mains located south of Route 34. Additionally, the CITY shall also assist and cooperate with OWNER in its efforts to obtain adequate means of delivery of such sanitary sewer capacity to the PROPERTY or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 9.B arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the PROPERTY. C. Recapture. The CITY represents to OWNER that OWNER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may or may not serve the PROPERTY; provided, however, subject to the terms of this Agreement, OWNER shall be responsible to pay 9 Submitted to Village On May 25, 2007 sewer and water connection fees for the Residential Parcel and OWNER shall be responsible to pay such fees for the Commercial Parcel subject to the terms of this Agreement. (NOTE TO CITY: To the extent that the PROPERTY is deemed a benefited property under the Fox Hill Recapture Agreement and the City Engineer is requiring the PROPERTY not to connect to the Fox Hill water improvement, the CITY shall be responsible for any recapture payment that might otherwise be required of OWNER.) D. Funding. The parties acknowledge that the Kendall Marketplace developers are currently preparing plans for the design and construction of improvements to Beecher Road, which is located on an eastern portion of the PROPERTY. The OWNER shall construct the improvements to Beecher Road from the terminus of Beecher Road constructed by the developers of the Kendall Marketplace to the north boundary of the PROPERTY. The CITY shall not withhold permits or approvals for any portion of the PROPERTY for the reason that any Beecher Road improvements are not completed. The OWNER shall prepare plans for the design and construction of improvements to that portion of Beecher Road that is located on the PROPERTY. 10, SECURITY INSTRUMENTS. A. Posting Security. OWNER shall deposit, or cause to be deposited, with the CITY such surety bonds or other security in the forms prescribed and in the amounts prescribed by state law and by the ordinances of the CITY to the extent that said ordinances comply with state law ("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 within their respective parcels as are required by applicable ordinances of the CITY to the extent that said ordinances 10 Submitted to Village On May 25, 2007 comply with state law. The OWNER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount of each Security Instrument shall be as required by state law and the duration shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may 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. If the OWNER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2006-19, the OWNER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER on their respective parcels as part of a special service area shall require OWNER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. Any perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent phases of development at the sole discretion of the OWNER. B. Inclusion of Route 34 Frontage Road and Route 34 Detention Area in OWNER 's Phases. Subject to the CITY first obtaining title to the 11 Submitted to Village On May 25, 2007 3.4 acre parcel of property located west of Beecher Road, surrounded on three sides by the PROPERTY and owned by Kendall Marketplace, and subject to the City transferring title to the 3.4 acre parcel to OWNER on the condition that OWNER transfers title to an eight (8) acre parcel of land located at the north border of the PROPERTY on the Beecher Road frontage, OWNER agrees to include the construction of the east-west "frontage access" road from Route 34 at the west side of the Commercial Parcel to Beecher Road at the east side of the Commercial Parcel (the 'Route 34 Frontage Road") in one of the phases for the Commercial Parcel, to post Security Instruments with the CITY therefor, if required, and to design and build such improvement so that it may serve the Commercial Parcel. OWNER shall connect the Route 34 Frontage Road to the main east west drive on Kendall Marketplace and OWNER shall connect a second access drive to the Kendall Marketplace access drive next south of the Route 34 Frontage Road location. C. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcels and the Commercial Parcels, respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNER shall be entitled to a release or appropriate 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 Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNER'S completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall 12 Submitted to Village On May 25, 2007 adopt the resolution accepting said public improvements not later than forty-five (45) days following the approval of the as-built plans. D. Transfer and Substitution. Upon the sale or transfer of any portion of its respective parcels within the PROPERTY, OWNER shall be released from the obligations for such portion 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. 11 . PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS . Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of Development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNER shall be entitled to a release or appropriate 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 Control Ordinance. 12, AMENDMENTS TO ORDINANCES. All applicable ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, stormwater management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement ("Applicable Codes') have been set forth on Exhibit "E", and shall apply to the PROPERTY and its development for a period of (8) years from June 1, 2007. Any amendment, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be 13 Submitted to Village On May 25, 2007 applied to the development of the PROPERTY except upon the written consent of OWNER during said eight (8) year period. After said eight (8) year period, the PROPERTY and its development will be subject to all Applicable Codes in existence on or adopted after the expiration of said eight (8) year period, provided, however, that the application of any such Applicable Code shall not result in a reduction in the number of residential building lots or units herein approved for the Residential Parcel, alter or eliminate any of the ordinance departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. 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. At the termination of the first eight (8) year term, all ordinances, regulations and codes then in effect shall apply to the PROPERTY and its development for the next five (5) year period. Thereafter, the OWNER shall comply with the Applicable Codes then in effect from time to time so long as they otherwise conform to the terms of this Agreement. 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 PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. 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 PROPERTY, other than those upon which site plan approval may be based, 14 Submitted to Village On May 25 , 2007 are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and anything to the contrary contained herein notwithstanding, the OWNER may proceed with development or construction upon the PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 13, BUILDING CODE; BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit "F". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development for a period of eight (8) years from June 1, 2007. Any amendment, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said eight (8) year period. At the termination of the first eight (8) year term, all building codes then in effect shall apply to the PROPERTY and its development for the next five (5) year period. Thereafter, the OWNER shall comply with the building codes then in effect from time to time so long as they otherwise conform to the terms of this Agreement. At the termination of said five (5) year period, the PROPERTY and its development will be subject to all building codes of the CITY in existence on or adopted after the expiration of said five (5) year period. The CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 15 Submitted to Village On May 25, 2007 If, during the term of this Agreement, any existing, amended, modified or new building code affecting the development and/ or construction of any improvements, buildings, appurtenances upon the PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and anything to the contrary contained herein notwithstanding, the OWNER may proceed with development or construction upon the PROPERTY pursuant to the less restrictive building code, amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the PROPERTY upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the thirteen (13) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit "F" attached hereto. B. The CITY shall act upon each application for a building permit for which OWNER or its duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor, or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a 16 Submitted to Village On May 25, 2007 specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNER, and its duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the PROPERTY or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. D. Subject to the provisions of this Section 13 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the PROPERTY. 14, FUTURE FINAL PLATS AND FINAL ENGINEERING . The CITY recognizes the development of the PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNER to stage the development on the respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the 17 Submitted to Village On May 25, 2007 CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 15, FEES AND CHARGES. A. During the first eight (8) years following June 1, 2007, the CITY shall impose upon and collect from the OWNER, and its respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "G". At the termination of the first eight (8) year term, the Fee Schedule then in effect shall apply to the PROPERTY and its development for the next five (5) year period. Thereafter, the OWNER shall comply with the Fee Schedule then in effect from time to time so long as it otherwise conforms to the terms of this Agreement. At the expiration of the five (5) year term, the CITY shall give the OWNER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. Notwithstanding anything in this Section 15 to the contrary, no increased impact fees and new impact fees shall apply to the PROPERTY, except as are contemplated in the existing Fee Schedule regarding bi-annual increases tied to a construction index. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific 18 Submitted to Village On May 25, 2007 terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the PROPERTY, the CITY will provide OWNER with notice thereof and OWNER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the PROPERTY as selected by OWNER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, OWNER may designate the number of residential units and pay such fees based on such designated number of units and may prepay for only a certain number of units as determined by OWNER. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. 16. CONTRIBUTIONS . The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 17, SCHOOL AND PARK DONATIONS. OWNER shall be responsible for making the contributions outlined in Exhibit "H" and Exhibit 'T to the Yorkville Community 19 Submitted to Village On May 25, 2007 School District #115 and the Plano Community Unit School District No. 88 ("School Districts"), the United City of Yorkville Park Department ("Park Department") and the CITY for the estimated Land Cash and School Transition Fee that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. Notwithstanding the foregoing, there shall be no Land Cash and School Transition Fee or any other fee or contribution of any kind required for the portion of the residential development developed as targeted senior residential units. There shall be no other school and park contributions, fees or land dedications required for the Residential Parcel and there shall be no school or park contributions, fees or land dedications required or made for the Commercial Parcel. 18, PROTECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, OWNER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at not more than three (3) locations at any time within the corporate limits of the CITY 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 subject to approval by the CITY. In addition to the Offsite Signs, OWNER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in Exhibit "J" attached hereto. 19 . MODEL HOMESe PRODUCTION UNITS AND SALES TRAILERS . During the development and build out period of the Residential Parcels (subsequent to final 20 Submitted to Village On May 25, 2007 plat approval), OWNER, and such other persons or entities as OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcels staffed with OWNER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for the residential subdivisions for said persons or entities. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNER, but shall in no event exceed _ in any phase or unit of the residential development. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, which may be hereinafter designated by OWNER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by OWNER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder 21 Submitted to Village On May 25, 2007 course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. OWNER may locate temporary sales and construction trailers upon the Residential Parcels during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of occupancy certificates for all units within the Residential Parcels. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNER shall submit an exhibit of the model trailer site with landscaping and elevations for the CTTY's approval, which the CITY shall approve, or if denied, the reasons for said denial, within fourteen (14) calendar days. OWNER hereby agrees to indemnify, defend and hold harmless the CTTY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. OWNER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for 22 Submitted to Village On May 25, 2007 each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 20. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by OWNER for development purposes. Said trailers shall be removed from each of the Residential Parcels and the Commercial Parcels, respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 21 . CERTIFICATES OF OCCUPANCY, A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CTI'Y agrees to issue such certificates of occupancy upon the applicant's compliance with 23 Submitted to Village On May 25, 2007 those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of (i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the 24 Submitted to Village On May 25, 2007 amount of one hundred ten percent (110%) of the amount estimated by OWNER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNER within a given Phase of development on the PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the PROPERTY. 22, LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002), shall the CITY require that any part of the PROPERTY be dedicated for public purposes 23. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At the OWNEWs request, the CITY shall establish a special service area ("SSA") to be utilized as a primary funding mechanism for acquisition, construction and installation of public improvements including but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation, public park improvements and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services, required 25 Submitted to Village On May 25, 2007 impact fees and dedications and other eligible costs to serve the Special Service Area (the "Special Services"). . The Developer and City presently estimate the total cost of these Special Services, together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively the "Costs of the Special Services") to be approximately Million Dollars ($_._.00) . The City acknowledges that it is in the best interests of the City to issue not to exceed $ principal amount of its Special Service Area Ad Valorem Tax Bonds to pay or provide funds to pay the costs of the Special Services. The CITY and OWNER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and OWNER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et sea., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and OWNER. The City agrees to prepare and publish and mail the public notices required by the Special Service Area Act, and to hold the required public hearing to consider establishment of the Special Service Area, the issuance of the Bonds for the purpose of paying the costs of the Special Services and the manner in which the Bonds are proposed to be retired and the proposed tax levy. Upon creation of the Special Service Area, the City agrees to issue bonds in the amount not to exceed $.000-00- 24. BUSINESS DISTRICT FUNDING. The City is authorized pursuant to the provisions of the Business District Development and Redevelopment Act (65 ILCS 5/11- 74.3 et seq.) to designate business districts to promote development or redevelopment in the City and to impose a retailers' occupation tax and a service occupation tax therein 26 Submitted to Village On May 25, 2007 and to issue bonds to provide for the payment of business district project costs . The Business District shall be contiguous and include only parcels of real property directly and substantially benefited by the proposed business district development plan as required by the Business District Development and Redevelopment Act. The City agrees to make the required notices and hold the public hearings required by the Business District Development and Redevelopment Act. The City agrees to approve a business district development plan for the Business District for the planning, execution and implementation of the business district development plan and for the payment of business district project costs as set forth in the plan to be presented to the City by the Developer, and the issuance of obligations by the City to provide for the payment of business district project costs secured by the business district tax allocation fund to be established pursuant to the Business District Development and Redevelopment Act. The City further agrees to impose a retailers' occupation tax and a service occupation tax in the Business District at the rate of one-half on one percent (0.50%) for the planning, execution and implementation of the Business District Plan, the payment of the Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs. 25. RECAPTURE AGREEMENTS, A. BenefitinZ the PROPERTY. The CITY to enter into recapture agreements with the OWNER for a portion of the costs of certain public improvements constructed by OWNER which the CITY has determined may be used for the benefit of property ('Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. Each Recapture Agreement shall be 27 Submitted to Village On May 25, 2007 substantially in the form as attached hereto and incorporated herein as Exhibit "K". The improvements which qualify as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. B. Encumbering_the PROPERTY. There are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, or their successors, upon connection of the PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the PROPERTY. (NOTE TO CTY: To the extent that the PROPERTY is deemed a benefited property under the Fox Hill Recapture Agreement and the City Engineer is requiring the PROPERTY not to connect to the Fox Hill water improvement, the CITY shall be responsible for any recapture payment that might otherwise be required of OWNER.) 26, COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNER prior to construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the 28 Submitted to Village On May 25, 2007 CITY to determine the nature and scope of the improvements being constructed; (3) the final subdivision plat for the Phase upon which the improvements are being constructed i has been approved by the CITY; (4) the IEPA and the sanitary district that will serve the PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY's existing soil erosion ordinances. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer sustain or incur because another governmental agency takes action against the CTIY after OWNER undertakes development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(A). B. The CITY shall issue permits, pursuant to the City's Soil, Erosion and Sediment Control Ordinance # 2003-19, to OWNER to authorize the commencement of mass earthwork and grading on the PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNER to authorize the commencement of construction and installation of building foundations on the Residential Parcels prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, 29 Submitted to Village On May 25, 2007 that OWNER has provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at OWNEWs sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the PROPERTY then under review. 27. COVENANTS. OWNER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcels, and other obligations as determined at the time of final platting and as referenced in this Agreement. 28, HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the Residential Parcels and a mandatory membership of all lot owners in the Association within the Residential Parcels. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities 30 Submitted to Village On May 25, 2007 Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within the Residential Parcels and for the yards and buildings on the private lots. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of the exterior of the residential units and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities are to be determined at such time as the final engineering plans are approved by the City. OWNER may covenant for the sharing of the costs of maintenance of any storm water management facilities on the Residential Parcels that benefit the Commercial Parcels. B. Dormant Special Service Area OWNER agrees to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the Residential Parcels. 29, ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the PROPERTY, the CITY shall fully cooperate with OWNER in causing 31 Submitted to Village On May 25, 2007 the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY in this Agreement, the CITY shall fully cooperate with OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 30. WETLANDS AND STORMWATER DETENTION. The Residential Parcels contains three wetland areas within the Rob Roy Creek corridor which is under the jurisdiction of the Army Corps of Engineers. OWNER's plan for the development of the Residential Parcels will not adversely impact the Wetland Areas within the Rob Roy Creek corridor. OWNER agrees to comply in all respects with the preliminary engineering report prepared by CM LaVoie & Associates, dated May 24, 2007 and attached hereto as Exhibit "_". 31. ROUTE 34 CURB CUTS. The CITY agrees to cooperate with OWNER in an effort to procure and execute permits from the appropriate governmental agencies with 32 Submitted to Village On May 25, 2007 jurisdiction to allow the construction of a minimum of five (5) curb cuts and street access on Route 34 to the Commercial Parcels as indicated on the Conceptual PUD Plan. The location of the curb cuts will be determined by OWNER subject to the approval of the CITY and any other governmental agencies with jurisdiction. OWNER acknowledges that IDOT, and not the CITY, shall have ultimate approval of the number and location of the curb cuts designed on Route 34 for the Commercial Parcels. The CITY agrees that it will not withhold or delay issuance of any building permits on the basis that a property owner has not yet dedicated any land to IDOT for road improvements to Route 34. 32, BEECHER ROAD CURB CUTS. The CITY agrees to issue a minimum of (_) curb cuts and street access onto Beecher Road as indicated on the Conceptual PUD Plan. The location of the curb cuts will be determined by OWNER subject to the approval of the CITY. The Parties acknowledge that Kendall Marketplace is constructing the Beecher Road intersection improvements that are located on the Kendall Marketplace property, including on the 3.4 acre parcel of land referenced in this Agreement. The CITY agrees that it will not withhold or delay issuance of any building permits on the basis that a property owner has not yet dedicated any land to the CITY for road improvements to Beecher Road. 33, CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 34, ECONOMIC INCENTIVE AGREEMENT. It is the intention of OWNER, that to the greatest extent possible, the costs of the installation of on-site and off-site public improvements for the PROPERTY be funded by a Special Service Area. At the request of OWNER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8-11- 20 and shall approve all ordinances and execute all other agreements in connection 33 Submitted to Village On May 25, 2007 therewith which may be necessary to reimburse OWNER or its assigns for the design and installation of those public improvements (the " Commercial Project Improvements") within or abutting the Commercial Parcels which (i) are directly attributable to the Commercial Parcels and (ii) do not qualify to be funded by the special service area established for the Residential Parcels under the provisions of paragraph 23 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: 1. The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNER or its assigns shall be reimbursed shall include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed $ 2. The amount for which OWNER and its assigns may be reimbursed (the "Reimbursement Amount") shall consist of the Project Improvement Costs plus interest at the rate of 6 % per annum from the date any Project Improvement Cost is expended (as evidenced by contractor's sworn statements and waivers) to the date of reimbursement. 3. The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store, containing 20,000 square feet or more, operating on the Commercial Property. The termination date after which time the CITY shall no longer be required to make any reimbursement payments to OWNER or its 34 Submitted to Village On May 25, 2007 assigns shall be 15 years after the date of this Annexation Agreement provided that OWNER or its assigns must start construction (i.e. obtaining development permits and grading the Commercial Site) within two years after the date of this Annexation Agreement. 4. During the reimbursement period the CITY shall pay to OWNER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcels and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (i) OWNER has been fully reimbursed for the Reimbursement Amount (including interest); (ii) the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER or their assigns. 35 . CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Kendall County, Kendall County Forest Preserve District, Bristol Township, Rob Roy Drainage District, Yorkville Bristol Sanitary District, the United City of Yorkville Park Board, Plano Community School 35 Submitted to Village On May 25, 2007 District No. 88, and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the PROPERTY or any Phase thereof. OWNER may proceed with grading and installation of public improvements after CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ("IDOT"), so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT permit(s) have not yet been issued. 36. ADDRESSES. Within fourteen (14) days after the final plat of subdivision for any phase of the Residential Parcels is approved, CITY will provide OWNER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 37. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the PROPERTY and the CITY as to such portion or Phase without any action or approval of the owners of other portions of the PROPERTY if such amendments do not include the property or affect duties or obligations of the owners of the balance of the PROPERTY without any action or approval of the owners of other portions of the PROPERTY. Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 36 Submitted to Village On May 25, 2007 38. "RIGHT TO FARM" LANGUAGE, The OWNER of the PROPERTY acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNER of the property agrees to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 39. RESPONSIBILITIES OF OWNER. The OWNER shall not be required to perform any of the obligations under this Agreement so long as OWNER is a passive title holder in the PROPERTY and does not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcels, Commercial Parcels, or any portion thereof to a developer, the covenants and obligations of OWNER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNER' rights, title and interest in the Commercial Parcels or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNER hereunder as to such portion shall be performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcels or the Commercial Parcels is transferred to a developer or the COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may be. The CITY agrees that the OWNER is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 37 Submitted to Village On May 25, 2007 40. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue the operation of a farm upon all or any part of the PROPERTY as a farm until each such part is developed pursuant to this Agreement. CITY agrees that during the pendency of any such operations, (i) no municipal sales tax shall be sought or collected by CITY from OWNER for any sales of farm produce from or upon the PROPERTY and (ii) OWNER may extend and use a temporary water line from the potable water main to be located within Route 34 for purposes of watering the farm of OWNER, and shall not be charged for connection to the water line. 41. GENERAL PROVISIONS. A. 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. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its 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 each and every subsequent grantee and successor in interest of the OWNER, and the CITY. The obligations of OWNER hereunder with respect to the Commercial Parcels shall be binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcels. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any 38 Submitted to Village On May 25, 2007 purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcels who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. 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. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNER: Drew Daniels Director of Development Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449-1250 Fax: (708) 449-0177 39 Submitted to Village On May 25, 2007 with copies to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Tele: (312) 332-0200 Fax: (312) 332-4514 Attn: Robert C. Kenny (2) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Attorney Tele: (630) 553-4350 Fax: (630) 553-8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability_This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 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 or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this 40 Submitted to Village On May 25, 2007 Agreement as to the use and development of the PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parries, 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 PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the PROPERTY 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. I. Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said 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. J. motions 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. 41 Submitted to Village On May 25, 2007 K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER' s expense. L. Recitals and Exhibits. 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. M. 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. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase 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 the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. 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. P. Legal Challenges. If for any reason and at any time, the annexation of the PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the 42 Submitted to Village On May 25, 2007 vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the PROPERTY and/or other properties to the CITY so that the annexation of the PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CTTY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. 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 PROPERTY, the CTTY and OWNER, including, but not limited to, county, state or federal regulatory bodies. 43 Submitted to Village On May 25, 2007 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER: LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 By: Its: 44 Submitted to Village On May 25, 2007 CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: 45 Submitted to Village On May 25, 2007 LIST OF EXHIBITS EXHIBIT A PLAT OF ANNEXATION EXHIBIT B CONCEPT PUD PLAN EXHIBIT C BULK STANDARD WAIVERS EXHIBIT D DEVELOPMENT AREA PLAN EXHIBIT E APPLICABLE MUNICIPAL CODES List all applicable ordinances so there is no confusion in future EXHIBIT F BUILDING CODES EXHIBIT G FEE SCHEDULE EXHIBIT H YORKVILLE SCHOOL DISTRICT # 115 EXHIBIT I YORKVILLE UNIT SCHOOL DISTRICT # 88 EXHIBIT I SIGNAGE PLAN EXHIBIT K RECAPTURE AGREEMENT EXHIBIT L PRELIMINARY ENGINEERING REPORT 46 Submitted to Village On May 25, 2007 47 Submitted to Village On May 25, 2007 EXHIBIT K RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the _ day of 2007, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and an Illinois corporation ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Subdivision ("Subdivision"). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated , 2007 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ("Recapture Items") which will provide benefit to other properties ('Benefited Properties"), from the owners of the Benefited Properties ('Benefited Owners"). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ("Recapture Schedule") . The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment 'B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". There are a total of ( _) Benefited Parcels as identified in the Recapture Schedule. 48 Submitted to Village On May 25 , 2007 3, RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of six percent (6%) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/ or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City' s obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/ or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/ or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. 49 Submitted to Village On May 25, 2007 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at Developer' s expense, with the Kendall County Recorder ' s office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or 50 Submitted to Village On May 25, 2007 certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Attorney Tele: (630) 553-4350 Fax: (630) 553-8330 If to DEVELOPER: Drew Daniels Director of Development Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449-1250 Fax: (708) 449-0177 with copy to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Attn: Robert Kenny, Esq. Attorney for Developer Tele: (312) 332-0200 Fax: (312) 332-4514 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be 51 Submitted to Village On May 25, 2007 deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County 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 WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. 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Outlets Building Square Footage: (As Currently Designated on Plan Including Outlots) . . . . . 800,000 sq.ft. to 1,000,000 sq. ft. Parking Spaces: (As Currently Designated on Plan Including Outlots) . . . . . . . . . . . . . . . . . . +1-5,000 Spaces • Senior Community: Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Acres Building Types a Mix of Single Family Duplex Units Mid-Rise Dwellings Total . . . . . . . . . . . . . . . . 210-310 Living Units Amenities: Club House,Walking Trails,Park Sites • Rob Roy Club: Gated Membership Club- (Living/Recreation) Size . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Acres Frontage: Beecher Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 700 Feet Building Types a Mix of Single Family Clusters Duplex Units Town Homes Mid-Rise Dwellings Total . . . . . . . . . . . . . . 298-416 Dwelling Units Amenities: Club House, Restaurant,Swimming Pool,Putting Greens, Tennis Courts, Deck Tennis,Water Skiing Slalom Course,Running Trail, Passive Recreation Areas Rolf C.Campbell&Associates,Inc Click Here 8 Upgrade Expanded Features PDF Unlimited Pages Complete ROB ROY FALLS COMMERCIAL DEVELOPMENT BY TYPE & SIZE Major Commercial (Boxes) . . . . 4 Stores @ 125,000 sq.ft. Average = 500,000 sq.ft. Strip Stores . . . . . . . . . . . . . . . 5-10 Stores @ 16,000 sq.ft. Average = 120,000 sq.ft. Life Style Center . . . . . . . . . . 10-20 Stores @ 6,000 sq.ft. Average = 100,000 sq.ft. Outdoor Sales Area . . . . . . . . = 50,000 sq.ft. Outlots . . . . . . . . . . 20-24 Outlots w/ Stores @ 15,000 sq.ft. Average = 330,000 sq.ft. (Average Lot Size of 60,000 sq.ft.) TOTAL 1,100,000 sq. ft (Say 800,000 - 1,200,000 sq. ft.) Rolf C.Campbell&Associates,Inc 'S RY..wL � IMP Am mss. `-,^ l' n J I 4 S8 �T t � v m ins �ti i$Av :r F N r 'MS S \ 5" �' — - o 0 12 Q _ ?E a xq d � U U Y Y I U i• F LEI j V u 2 -i` °cc p ' U , m V + 000 a , , d M1�Ilelaa,,lrr�.aw,uo�nnsotloiA ,Q y Iry {j b auo sa o t Iqq .9 ° d Uo a` 0 a a m M J O m 4 Fiscal Impact Study of The Rob Roy Falls Development School District Analysis Located on U.S. Route 34Neteran's Parkway United City of Yorkville, Illinois February 2007 Prepared by: PRolf C. Campbell&Associates,Inc. r 101 Waukegan Road - Suite 1000 Lake Bluff, Illinois 60044 (847) 735-1000 Fax: (847)735.1010 IIr Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois February, 2007 Introduction and Methodology Rolf C. Campbell and Associates, Inc (RCCA) was retained to review the general fiscal impact of the proposed 280 acre Rob Roy Falls Mixed-Use Commercial/Residential development project to be located along U.S. Route 34Neteran's Parkway in the United City of Yorkville, Illinois. This Study specifically analyzes this fiscal impact on the budgets of Plano School District#88 and Yorkville School District# 115. Other taxing bodies that are impacted by this development include the United City of Yorkville, Kendall County, Bristol Township, the Kendall County Forest Preserve,Waubonsee Junior College # 516, the Plano Library District, and the Bristol/Kendall Fire District The fiscal impact on these districts was not specifically addressed in this study; however a summary of projected revenues for these districts is included at the end of this document. The intent of this Study is to detail the extent of the impact that this development will have in terms of expected revenues and expenditures generated. It is hoped that this Study will prove to be a useful tool with which to understand the cost/benefil relationship created by the proposed development. This relationship is limited to the explicit measurable financial aspects and not any implicit costs or externalities that may arise unexpectedly from this development For the intent of this Study, all future dollars are considered discounted to current 2006 dollar terms with respect to listed data sources. With this consideration, the Study also ignores the affects of potential inflation of dollar amounts and rates as well as potential appreciation of real estate values. The accounting for these effects would require a fairly accurate determination of future conditions. This determination would require too many debatable assumptions to be accurate for using this Study as an effective tool. However, the cost/benefit relationship can be represented with the available data to an extent that is fairly accurate and informed about the proposed Rob Roy Falls Development's potential fiscal impact. The following are the basic assumptions with respect to the details of the project: 1) The two hundred eighty (280) acre proposed development consists of four (4) main areas: A major regional commercial/retail shopping center, a senior residential community, a residential development including a private club, and an office park A serviced mostly by private onsite roadways and potential public streets. 2) The major regional commercial/retail shopping center would occupy approximately one hundred twenty five (125) acres. This portion of the development would include approximately one million (1,000,000) square feet of commercial/retail space when the project is completed. The plan calls for numerous oudots, a restaurant and hotel cluster,and a pedestrian focused lifestyle center shopping area. Rolf C.Cmnpbell&Associates,Inc. - 1 - Itf Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois February, 2007 3) The senior residential community is located on approximately fifty (50) acres.. Within this portion of the development, there would be approximately thirty one (31) single family units and about one hundred thirty six (136) duplex units - based on the current site plan. All of these units would be aged restricted. 4) The residential development, including private social club, is located on approximately fifty (50) acres. Within this portion of the development,there would be a privately maintained social club consisting of a variety of recreational opportunities and a privately owned upscale restaurant There would be approximately three hundred to three hundred and fifty (300 - 350) units in this development. 5) The office park would be located on approximately twenty (20) acres. The ultimate design and layout of the park will be driven by the needs of the end users in terms of total number of lots, the size per lot, and the building square footage. 6) The remainder of the acreage is contained within floodplain areas and dedicated right of ways. 7) The development occurs on five (5) tax parcels with PINS 0249-300-006, 02-19-400-005, 02-19-400-006, 02-30-100-002,and 02-30-200-006. r' t,l � rye; r y - � i e. ;fIPZDEfi4t1Y f.� t1I53Y3 : RoZfC.Cmnpbell d Associates,Inc. -2 - J'I r Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois A February, 2007 Estimate of New Residents Because the proposed development is a mix of commercial/retail and residential uses, Rolf C. Campbell & Associates wanted to frame one of the main concerns of a fiscal impact study, the forecasted number of new residents and students expected to be generated, against the revenue generation that the commercial/retail space will create. For past standard fiscal impact studies in the Chicago metropolitan region, the expected generation rates are based on numbers created by the Associated Municipal Consultants and Illinois School Consulting Services. Based on a number of demographic studies for both municipalities and school districts in the greater Chicagoland area that were completed by Rolf C. Campbell & Associates, the forecasted amount of new residents generated by this project will be lower than the general average when compared with current demographic trends. The levels of total residents per household associated with two bedroom households are traditionally low, especially with respect to generation of children. This condition is due to the tendency of two bedroom units to he attractive as places of residences for single professionals, newlyweds, and empty nesters due to the relative cost of the units. Furthermore, the majority of the residential population generated by this project will be seniors. It is important to note that the units in die already identified senior residential community will be aged-restricted, not age targeted. As can be seen in Table 1, the Residential development is ultimately expected to generate approximately 626 new residents,with 57 of these being projected to be of school age (5-17 years). Despite being estimates, these forecasted levels should be considered conservative. Forecasted population for the senior units, and total estimated population forecasts are included on the following page. Rob Rav Falls Development-Residential and Club Projected Population for Student Generating Developments Table i-Student Generation Total School Elementary Junior High High School Age Children Total Units Pre•School• Grades K3 Grades 64 Grades S.12 Grades K.12 Total Development Year Developedtl• Wears 5.10 Years 11.13Years 14.17Years 6-0ems AduIO+ Population 5 a-TAhsaha-iUrts' 32S i 1 2' 1 23 15 12 1 57 1 R9 647 Total 325 2' 29 16 12 57 569 6.7 Ra(fC.Caanpbell&Associates,Inc. - 3 - AIF Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois A February, 2007 As seen in the following two tables, an estimate was generated for the population expected to be created in the senior residential area in Table 2, as well as a total population expected to be generated in the entire Rob Roy Falls Development,as seen in Table 3. Rob Roy Falls Development Senior Residential Projected Population Table 2-Senior Generation 10161 Oc000l Elementary JuniorHigh High School Age Childen Total Units ProSchool- Grades KS Grades 8.8 Grades 9.12 Grades K-12 Tout Development Year Developed Won; 5.10Yeam 1143Yeam 1447Yeam 5.17Years Adula18+ Population Singlel'arnily 31 0 D 1 0 0 0 1 47 1 47 Duplex Units 136 0 0 0 0 0 177 111 Total 187 0 1 0 1 0 1 0 1 0 1 223 1 223 Sown:WlgaISSCAaacaauAeg SeMCFS'kSO[bled MwiOpalCmWIaMS.la.19%N1us4aey aCC0.aa.(rctwnatmdtlac PreparWeyAoIJC.CompEtaBAssttiNq lnc :anuuym RobRopPallsDevelopment Total Residential Development Projected Population Table 3—Total Population ..... ..00' Elementary JuniorHigh High School Age Children Total Unhs ProSchool- Grades KS Grades6S Grades9.12 Grades K-12 Total Development Year Developed Waste 5-tOYeam 11.13 Years 1d-17 Years 5.17Yeam Adulate+ Po ulalion Two Bedroom AOached Units 325 21 29 16 12 57 569 647 Single Family a1 0 0 0 0 0 47 47 Duplex Unds 136 1 0 D 0 1 0 1 0 111 I In Total 492 1 21 29 16 1 12 1 57 1 192 1 810 S oVn:IkmtieetAbNCauuflng5em[evASeah!eEliunKird CmuWan§.Irci?%t�V�xtlb,PC[A Int.IwtmreNtamWUns. Prcyored dyAdJC Canw6esA.4ssainir,/rr ranuan01 Based on the data provided in these tables,the Rob Roy Falls Development, at build out, is estimated to generate a total of approximately 870 residents. Ro1fC.Campbell&Associates,Inc. -4 - IF Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois A February, 2007 Fiscal Impact to Plano School District 88 & Yorkville School District 115 The fiscal impact of the proposed development on Plano School District#88 is detailed in this section. The overall analysis is split into two parts. The first part outlines the major source of revenue that the proposed development will generate - property tax. The second part of the section outlines the expected District expenses for servicing the proposed development. The final comparison of these two parts represents the generally expected fiscal impact of the proposed development. Yorkville School District #115 will receive revenues without expenses. There are no expected expenses to be incurred by the Yorkville School District because no residential units will be built in their district A boundary map of the school districts is included at die end of this document Revenues Property Tax Property tax is the largest source of revenue for the District in terms of this development. The analysis of property tax is based on existing 2005 tax rates. The values of homes are based on the expected base marketing prices for units and exclude any elective luxury or premium construction add-ons. Rolf C. Campbell & Associates employed the standard method of evaluation for the determining Equalized Assessed Value for Kendall County with the 2005 State Equalization Factor. Since property taxes are collected in arrears,a one (1) year lag delay was used to determine the timing of the revenues. Table 4 outlines the projected property tax revenue for the Plano School District. Rab Roy Falls Drvrlppnlanr Estimated Equalized Assessed Value School District Analysis Table 4-Plano School District Revenue.Impact Taral Mumber Esllmaletl property Tax or Unity Mnraol Value Paa aetl Hom 8enbr Epunllsea Rev or5quara el Unit or Total Value Ol Vaiu0111361 ExOmptlonr Exemption A......d (EAV'lTax Area Fool Square Fam I.J.H. Ma&Ot Valuaj $5,000unin (113,aaivan10 Val.. Levy) ReeltlOntMl Ana and Cleb _ Agachetl 2306nom Unit 325 82]3,OW 5189.1)5.000 329]61.025 51,625000 5113,750 528,023,125 $1,510,610 3.01.11LIV1. 31n Ie Faml Homm 31 5300.000 510.850,900 83,813050 5108.WO S3.50,1 550 $1900.1 ou ka Una, 136 $300000 540.800,000. 613,586,400 11.76.000 513.110..00 5]10936 Cammemlal Ar s gomll/Cemmembl aglfl- 960.000 5100 398,000;000 532,634000 532634.000 $1]69.04.1 Plano SCM1O01 UIeVIOt•• can"'park 20..1..Nice aark 260,000 5]0 St8.20tl.OW 56,060,600 $6060,000 $328.648 Total 52 . 0 0. ,^. 301 $4,1x0,230 •M.mx,omaH e.e emmau ea.ea as awrml m w. "ReuFCOmmerclvi 99'r5pa<p Wla Piano Selwal gaval onr, I'misn+ll•II FnI)r't'mm�l+'It.Y.rsrc,nrv.lnr JanuaryLJ Ro1fC.Campbell&Associates,Inc. - 5 - IF Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois February, 2007 Table 5 outlines the future projected yearly property tax revenue for Yorkville School District# 115,as a result of the Rob Roy Falls Development. Rob Roy Falls Development Estimated Equalized Assessed Value School District Analysis Table 5—Yorkville School District Revenue Impact Total Property Tax Number Estimated Assessed Homeowner Senior Equalized Revenue of Square Markel per Total Value of Value(tq of Exemption Exemption Assessed (EAV'Tax Area Feet Square Fool Units Market Value( ($6,000IUniq ($2,0001Unit) Value Levy) Commercial Area e k oSchool st 70.000 S10o S7,000.000 $2.331.000 52.331000 S100,597 Yorkville School District' 'Re, .o -.'=c=i .vamp cC7 The bulk source of revenues for any school district is its property tax leery. For the proposed development, this source will represent the primary focus of consideration for providing funds for new students. Currently, the subject property generates $9,007 for Plano School District# 88, and $159 for Yorkville School District# 115.` The proposed project is expected to raise the Equalized Assessed Value to over $75,000,000. This increase would result in total Property Tax revenues of approximately $4,100,000 for Plano School District # 88 and $100,000 for Yorkville School District # 115 annually. These levels would mean additional revenue of more than $4,000,000 for Plano School District # 88 and an additional $100,000 for Yorkville School District # 115 over current Property Tax revenues every year. Since Property Tax is collected in arrears, this Study delays their receipt by the districts with a lag time of one (1) year. Values taken from 2005 Tax Records,Kendall county,Dlinois Ro1fC.Campbell&Associates,Inc. -6- ttr Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois February, 2007 General State Aid Another source of revenue for school districts is unrestricted General State Aid. According to 2005 Illinois District Report Cards,Plano School District 88 received $1150 per pupil in General State Aid. Using these past rates for the sake of being conservative, the proposed development would generate approximately $62,100 for Plano School District 88, as seen in Table 6. This Study delays these funds with a one (1) year lag time in their allotment since the new students will not be present to be counted for an increase demand in aid until a year later. Rob Roy Falls Development General State Aid Revenue Table 6-Plano School District General State Aid Total General State Forecasted Aid Per General Aid Development Year Students Student' Revenue Elementary School Children 29 $33,350 Middle School Children 16 $1,150 $18,400 High School Children 12 $13,800 Total 57 $65,550 Source:2005 Illinois District Report Cards,Illinois Stale Board of Education. This value is variable Yrrpnn¢I bV Rut(('.CnmyGrtf A.L suciulra.bu•. January 07 Rolf C.Campbell R Associates,Inc. - 7 - ,''llr- Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois A February, 2007 Expenditures The expenditures arising from a new development concern the provisions necessary for educating additional students. These provisions include teaching staff levels, administration costs, transportation services, and other fiscal measure that must be taken in order to ensure a high level of service to new and existing students. Since the proposed development is forecasted on the conservative side to produce a limited number of students, it is not expected that the capital facilities of the districts will need expansion or investment in improvement. Hence, it is only necessary to determine the potential operating expenditures for the total new pupils. Using the school operating expenses listed in the districts' 2005 Illinois District Report Cards and adjusting them to present day values using the U.S. Bureau of Labor Statistics Consumer Price Index for the Chicago metropolitan region, a conservative estimate for the current per pupil operating expenses would be approximately $7,369 for Plano School District 88. At these levels, District 88 could expect an additional $397,926 in expenditures.This figure is detailed in Table 7. Rob Roy Falls Development Total Estimated Plano School District Expenditures Table 7—Plano School District New Expenditures Impact Total Annual Operating forecasted Expeditures per Total Development Year Students Pupil' Expenditures Elementary School Children 29 $213,701 Middle School Children 16 $7,369 5717,904 High School Children 12 588 428 Total 57 $420.033 Source:ADS Illinois District Report Cards.Illinois State Board of Education. 'Rates listed for the 2003104 school year adjusted with the Consumer Price Index for the Chicago metropolitan region. I'rvpurrd Ly PoiIJ r'.fn�nyhr-0I3:Lvsnrlelr1.In, January-07 Rolf C.Campbell&Associates,Inc. - 8 - ®r Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois February, 2007 Comparison of Revenues and Expenditures The reconciliation of revenues and expenditures represents the total expected fiscal impact on the school districts. The final result would represent a net gain in annual revenues for both Districts. Plano School District # 88 could expect additional yearly revenue surplus from this development in the sum of $3,835,750. Similarly, Yorkville School District # 115 could expect surplus revenue in the sum of $100,597 from this project. In both cases, the proposed project appears to have the potential for having a positive&C&impact on the school districts. These figures are summarized in Table 8. Rob Roy Falls Development Total Estimated School District Revenues Table 8—Final Revenge Expectations Estimated Estimated Estimated Estimated Total Property Tax General State New Net Revenues vs District Revenues Aid Expenses Expenses Plano School District M 88 $4.190,233 $65,550 $420.033 $3,835.750 Yorkville School District M 115 $100.597 $0 $0 $100,597 l4rpun•d by Rul(t',t'mrPdxtll3 asuurimes.Ru. JanuaryA] Final Statement of Fiscal Impact As has been determined through this Study, the proposed project could be expected to have a positive fiscal impact relationship with respect to revenues versus expenditures for Plano School District# 88 and Yorkville School District# 115. It is necessary to reiterate that these net positive impacts will fully occur after brief periods of potential deficit as the proposed project is being constructed and occupied. Ultimately, the proposed project should represent a continual positive fiscal relationship with respect to revenues versus expenditures for both of the Districts. Rolf C.Campbell&Associates,Inc. -9 - fr- Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois J'' February, 2007 School District Boundary Map Information Taken From Yorkville School District#115 Website and www.nces.edu School District Boundaries N I" Yorkville District 115 C.Campbell&Associates,Inc. 10 J''OF Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois A February, 2007 Population Generation Table Data used for this study was taken directly from Associated Municipal Consultants "The Naperville Formula" Table u. Dwelling Unit&CUdren Per Unit Elementary Junior High Total High School Pre-School Elementary Total Per Type of Unit 0-4 Years Grades K-5 Grades 6.8 Grades K-8 Grades 9.12 18 Years+ Dwelling Unit 5.10 Years 11.13 Years 5.13 Years 14-17 Years Detached 2B or 0.113 0.136 0.048 1 0.184 1 0.020 1 1.700 1 1% 3Bedroom 0.292 0.369 0.173 0.542 1 0.184 1 1.881 2.899 4 Bedroom 0.418 0.530 0.298 0.828 1 0.360 1 2.158 3.764 5Bedroom 0.283 0.345 0.248 0.593 1 0.300 2.594 3.770 Attached Single Fainily 1 Bedroom 0.000 0.000 0.000 1 0.000 1 0.000 1.193 1.193 2Bedroom 0.064 0.088 0.048 0.136 0.038 1.752 1,990 3 Bedroom 0.212 0.234 0.058 0.292 0.059 1.829 2.392 4 Bedroom 0.323 0.322 0.154 1 0.476 0.173 2.173 3.145 MA-DiveHilig Structures FEcieney 0.000 0 00 0.000 1 0.000 0.000 1 1.294 1.294 I Bedroom 0.000 0.002 0.001 1 0.003 0.001 1 1.754 1.758 2Bedroom 0.047 0.086 0.042 1 0.128 0.046 1 1.693 1.914 3 Bedroom 0.052 0.234 0.123 1 0.357 0.119 1 2.526 3.053 \OTE;Themue.v-ffi ee siofinm amgmies psmided N ibi,,hv &smmdd.smi vd}dd,.FA qW"meshed me,hmdpd,,,16g=-,wh.n¢gmmispmsideb The suns is vvicen6 epmmsai¢;d,us onlrane omgoey.lk,.of fe A m b,hbn h i d svmevrnnq nddeu6,dmd mashed angh f..h urcis,k6id,e)nalwtivnsmay be.... D=pmided b�rdn u 5"CwmldvgSeniw.k..*d 11miap c---h nm,ivc\apenille,n1mms RotfC.Campbell&Associates,Inc. 11 J''IF Fiscal Impact Study of the Rob Roy Falls Development - Yorkville, Illinois 4 February, 2007 Fiscal Impact on Other Districts Calculation of Revenue Impact Only Rob Roy Falls Development Potential Tax Generation Other District Property Tax Analysis Kendall County Waubonsee BrlstoliKendall Kendall Bristol Forest Junior Fire Protection County Township Preserve College District Plano Library Rob Roy Falls (.6156) (.35) (.335) (3968) (.5468) (.3327) Development Area Residential Area and Club $172.510 1 $98,081 1 $93,877 5111,196 $153,230 $93,233 Attached 2 Bedroom Unit Senior Living $21,574 $12,266 $11.740 $13,906 $19,163 $19,163 Single Famly Homes $80,708 $45;886 $43,920 $52,022 $71,688 $71,688 Duplex Units Commercial Area $215,245 $122,378 $117,133 $138,741 $191,189 $108,573 RetallMommercial Office Park $37,309 1 $21.212 $20.303 1 $24,048 $33,139 $20,164 120 acre office park $527.346 5299,823 $286,973 1 $339.913 $46 8409 $292,657 _]Total Prrpmrvt by kn(1'r'.fmigrGell,pdxxnrinns,hm- Januarygi RolfC Campbell&Assoviates,tire. 12 Agenda Item Number CA#1 Tracking Number PS 2007-14 This page serves as a placeholder for the draft document Sale of 1991 Ford Thunderbird (Old DARE Car), which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, hqp://www.yorkville.il.us/ og v mtgs minutes.cfm gE° C/P J= t ytl T EST. <AIL E tb~� Agenda Item Number CA#2 Tracking Number PS 2007-15 This page serves as a placeholder for the draft document Request to Purchase Vehicles — Planned in FY 07/08 Budeet, which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/gov mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm ,(ED C/r` 2� O EST.. low � y Agenda Item Number CA#3 Tracking Number PS 2007-20 This page serves as a placeholder for the draft document Ordinance Amending City Code Rewarding Solicitors, Hawkers, & Itinerant Merchants, which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm aST 1 II �law <CE Py� MINUTES OF TBE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN HELD IN THE CITY COUNCIL CHAMBERS. DAFT 800 GAME FARM ROAD ON '. TUESDAY. JULY 10, 2007. Mayor Burd called the meeting to order at 8:20 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Absent Werderich Present (arrived 8:50) Ward R Golinski Present Plocher Present (arrived 8:23) Ward III Munns Present Sutcliff Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell, Interim City Attorney Roth, Interim City Administrator Olson, Finance Director Mika, Director of Public Works Dhuse, Police Lieutenant Schwartzkopf, Director of Park & Recreation Mogle, Community Development Director Miller, City Engineer Wywrot and Building Inspectors Bill and Barbara Demmer. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd 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 Mayor Bard asked that Item #7 — Agreement between the City and the Old Bam Museum under the Mayor's Report be tabled until the July 24, 2007 Committee of the Whole meeting. Interim City Administrator Olson asked that Item #3 — the Visibility Ordinance under the Economic Development Committee report be tabled until the July 24, 2007 Committee of the Whole meeting. So moved by Alderman Munns; seconded by Alderman Plocher. Motion approved by a viva voce vote. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M, Tuesday, August 7, 2007 City Hall Conference Room Economic Development Committee 7:00 P.M, Tuesday, July 17, 2007 City Hall Council Chambers Administration Committee 7:00 P.M., Tuesday, August 7, 2007 City Hall Council Chambers Public Safety Committee 7:00 P.M., Tuesday, July 17, 2007 City of Yorkville Conference Room PRESENTATIONS None. PUBLIC HEARINGS None. CITIZEN COMMENTS Diane Pobol, 922 Lisbon Road, asked for clarification as to what Mr. Hammon was allowed to put into his property. She stated that when the access to her property was mowed the grass contained plastic garbage from Hammon's property. She distributed pictures of the area (see attached). She stated that Mr. Hammon in turning plastics into the soil on his property and she thought he was only allowed to do this with organic material. She also brought examples of the The Minutes of the Regular Meeting of the City Council — July 10, 2007 — page 2 garbage that blows into her yard from his property. She asked the City Council to shut the operation down. Building Inspector Dettmer advised the Council that he and his inspectors have been out to the site quite often mid some of the complaints have been unfounded however on July 3, 2007 he was at the site at 2:00 p.m. and noted debris in the field. On July 6, 2007 two of his inspectors met with Mr. Hammon and advised them of what he saw on July 3r4. He explained that he and his employees are in the process of learning the Environmental Protection Agency's laws as this type of inspection is new to them. He explained that the inspectors go to the site every Monday, Wednesday and Friday which is something Kendall County did not do. Mr. Dettmer indicated that he has met with the EPA at the site and he has asked for reports from them and Kendall County. To date he has not received any copies. There was a brief discussion regarding alternating inspection dates, aldermanic visits to the site and the types of complaints received. Joanne Gilbert, 8730 E. Highpoint Road, commented that she has called in three odor complaints and never heard from an inspector. She noted that the odors depend on the wind and can last from a few minutes to several hours. Todd Milliron, 61 Cotswold Drive addressed the Council. He distributed a copy of his comments along with other documentation (see attached). Randy Scott commented that he has made a complaint about the composting smell which was answered by an inspector. He noted that the smell is worse when the heat and humidity are high. He stated that he has been able to deal with it however it is hard. He also asked if the pot hole on Route 47 in front of Kendall Pub could be fixed. Director of Public Works Dhuse indicated he would contact IDOT. George Gillson, 498 Sunflower Court, commented that heat makes the composting facility smell worse. He also felt that Mr. Hammon should not be allowed to bury what he is and the City should shut him down. He suggested that the City should meet with Kendall County to discuss the long-term goals for pollution and facility sitings. Mayor Burd indicated that the Plan Commission was holding a regional meeting on July 19, 2007 and this could possibly be included in the discussion. Dunne Pobol addressed the Council again and stated that her experience with the inspectors indicates that they are on a learning curve. She noted erratic service however she stated that she felt that the inspectors are having a positive effect. She asked if the inspectors could submit a report to the complainant after the inspections. Attorney Roth stated that he was asked to consider the issues and the information provided by Mr. Milliron. He indicated that the matter calls for cooperation between the City, County and state agencies. He explained that the City is not the licensing or permitting agency for the operation and it does not have the authority to close Mr. Hammon's operation down. The City is not party to the court orders that were entered which designate who the enforcing agency is (the Health Department). He stated that as the property is within City limits, the City does have some jurisdiction over the matter but is not the sole agency for enforcement and correction of matters. He indicated that Mr. Milliron's concerns should be addressed by the Illinois Environmental Protection Agency and the State's Attorney and/or the Attorney General's Office. He indicated that upon the City Council's direction, he could pursue local nuisance issues with the State's Attorney. He cautioned the City and audience that if the City would run into court on this matter it would meet serious legal opposition on jurisdictional grounds. He indicated that he did not want to waste the City's time in this regard. CONSENT AGENDA None. PLAN COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman Mums to approve the minutes of the City Council meetings of February 13, 2007 and June 26, 2007; seconded by Alderman Golinski. Alderman Plocher questioned why February minutes were first being approved. Clerk Milschewski explained that the minutes were delayed due to the Depo Court attachment. Alderman Spears suggested that in the future the minutes be approved without the attachment. Motion approved by a viva voce vote. The Minutes of the Reaular Meetinz of the City Council — July 10, 2007 — maze 3 A motion was made by Alderman Munns to approve the minutes of the Special City Council meeting of May 31, 2007; seconded by Alderman Spears. Motion approved by a viva voce vote. A motion was made by Alderman Munns to approve the minutes of the Special Meeting between YBSD and the City Council of June 28, 2007; seconded by Alderman Spears. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Munns to approve the paying of the bills listed on the Detailed Board Report dated June 29, 2007 totaling the following amounts: checks in the amount of $483,819.26 (vendors); $238,118.95 (payroll period ending 6/23/07); for a total of$721,938.21 ; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye REPORTS MAYOR'S REPORT Appointments to Boards and Commissions Mayor Boni requested a motion to accept the appointment of Victoria Coveny to the Park Board. So moved by Alderman Plocher; seconded by Alderman Munns. Motion approved by a viva voce vote. _ Whispering Meadows Park Construction Bid Results (PKBD 2007-16) A motion was made Alderman Besco to award the contract for the construction of Whispering Meadows Park to L.J. Dodd in an amount not to exceed $333,880.00, which includes the base bid plus all additional alternatives with the exception of the BMX track, as presented; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Plocher-aye, Spears-aye, Sutcliff-aye, Werderich-aye, Besco-aye, Golinski-aye, Munns-aye Riding Spot Park Equipment Purchase (PKBD 2007-17) Mayor Burd entertained a motion to approve the purchase of park equipment for the renovation of the Hiding Spot Park from Gametime, Inc. in an amount not to exceed $30,000.00, as presented. So moved by Alderman Besco; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Basco-aye, Golinski-aye, Werderich-aye, Munns-aye Plocher-aye, Spears-aye, Sutcliff-aye CITY COUNCIL REPORT Ordinance 2007-50 Amended and Restated Governing Ordinance Mayor Hurd entertained a motion to approve the amended and restated Governing Ordinance, United City of Yorkville addressing: ethical standards, elected officials, duties and responsibilities, meeting schedules and committee structure, as presented. So moved by Alderman Munns; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-7 Nays-0 Golinski-aye, Werderich-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. The Minutes of the Regular Meeting of the City Council — July 10, 2007 — Dage 4 CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Reports for the Public In response to some of the citizen's comments, Interim City Administrator Olson stated that if there are any reports submitted by a member of his staff to the public it will be submitted to him first and then it will be discussed with the City Council in accordance with the governing ordinance. Recommending Party Mr. Olson noted that recently it has been in the news what is happening in Oswego regarding trustee appointments. He stated that there has been some confusion as to who the recommending body is for appointments. He explained that per state statute it is the mayor who recommends the person for appointment to the Council for advice and approval. Appointments do require a vote by the City Council. He stated that the City has a department head hiring policy that stipulates how the recruitment firm is hired, the interviews are carried out and how the selection committee makes a recommendation to the mayor. The recommendation to the mayor is then recommended to the Council for approval. He indicated that the final candidate that the mayor submits may not be the same final candidate the selection committee recommends. FINANCE DMECTOR'S REPORT Director Mika reported that the current auditors have been given a CD of information in order for them to begin the audit. They will be in City Hall starting Monday, July 16, 2007. DIRECTOR OF PUBLIC WORKS REPORT In-Town Road Program Director Dhuse reported that the infrastructure work is complete and the curb prep work should start this week and continue into next week. Alderman Spears asked if there were any plans for Palmer Court and Director Dhuse explained that it was removed from the list due to the lack of funds. Alderman Besco indicated that the Public Works Committee will be working on a new list of streets and invited the Council to make suggestions. CHIEF OF POLICE'S REPORT Lieutenant Schwartzkopf reported that the 0 of July went well and he thanked Mr. Milliron for noticing the Yorkville officers doing their job on Route 71. . DMECTOR OF PARKS & RECREATION'S REPORT Park Dedication Director Mogle reported that the dedication of Bridge Park on July 3, 2007 was successful. He reported that approximately 1,000 people attended the event including members of the Bridge family. He thanked everyone who attended. Park Open House Director Mogle reported that a second Park Open House will be held at the Cannonball Ridge Park on July 20, 2007 from 6:00 to 10:00 p.m. He stated that there will be activities for kids, hot dogs and a movie in the park. 4`" of July Activities Mayor Burd thanked the Bristol-Kendall Fire Department for the 41h of July activities. She also noted that the ice-cream social for the 50U anniversary celebration went well. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Plan Commission Summit Meeting Director Miller reported that the Plan Commission will be holding a regional summit meeting on July 19, 2007 at 7:00 p.m. at the Library. He explained that the purpose is to open the floor to all the invitees to discuss key issues. Mayor Bard thanked the Plan Commission Chairman, Anne Lucietto for suggesting this summit. Alderman Spears noted that the Yorkville Police Department and the Kendall County Police were not invited. She suggested that they be included and Director Miller indicated he would take her suggestion to the Plan Commission. Aux Sable Creek Director Miller reported that the Conservation Foundation bas received funding to research the Aux Sable Creek. They will be making a presentation at the next City Council meeting and the steering committee will have a kick-off meeting on July 17, 2007 in the afternoon. COMMUNITY RELATIONS OFFICER'S REPORT No report. The Minutes of the Regular Meeting of the City Council — July 10, 2007 — maee 5 COMMUNITY & LIAISON REPORT Cable Consortium Alderman Golinski reported that he attended the Cable Consortium meeting and toured the cable facilities. He stated that anyone who has programming ideas should contact him and he will direct them to the appropriate parties. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT US 34 & Sycamore Road Traffic Signal Smith Engineering Consultants Design Engineering Agreement (COW 2007-10) A motion was made Alderman Besco to approve the Smith Engineering Consultants Design Engineering Agreement, as presented; seconded by Alderman Munns. Alderman Murms noted that it was discussed at the Committee of the Whole meeting to include a time frame for the study to be completed and submitted to IDOT. Alderman Munns withdrew his second and Alderman Besco withdrew the motion. A motion was made Alderman Besco to approve the Smith Engineering Consultants Design Engineering Agreement, as presented, with the additional term that the plans be submitted within 60 days; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Werderich-aye, Munns-aye, Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Golinski-aye Resolution 2007-41 US 34 & Sycamore Road Traffic Signal MFT Appropriation Resolution (PW 2007-88) A motion was made by Alderman Besco to approve the MITT Appropriation Resolution, as presented; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-6 Nays-0 Present-1 Munns-aye, Plocher-aye, Spears-aye, Sutcliff--aye, Besco-aye, Golinski-aye, Werderich-present ECONOMIC DEVELOPMENT COMMITTEE REPORT Ordinance 2007-51 Authorizing the Execution of the Wynstone Townhomes Restated and Amended Annexation Agreement (PC 2007-17) A motion was made by Alderman Golinski to approve an ordinance authorizing the execution of an amended and restated Annexation Agreement with SB & WD, L.L.C. ("Owner) and ("Developer"), as presented, and authorize the mayor and City Clerk to execute all documents upon fmal legal review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-6 Nays-1 Plocher-aye, Spears-aye, Sutcliff-aye, Besco-aye, Golinski-aye, Werderich-nay, Mums-aye Yorkville Crossing Unit 1 — Crimson Lane Right-of-Way Dedication (BDC 2007-23) A motion was made by Alderman Golinski to approve the Plat of Dedication for Crimson lane, as presented, and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review; seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sutcliff-aye, Besco-aye, Golinski-aye, Werdericb-aye, Munns-aye, Plocher-aye PUBLIC SAFETY COMMITTEE REPORT No report. ADAUMSTRATION COMMITTEE REPORT No report. The Minutes of the Regular Meeting of the City Council — July 10, 2007 — page 6 ADDITIONAL BUSINESS Bucket Pull Alderman Plocher reported that Alderman Werderich did a good job taking third in a bucket pull. Alderman Werderich explained that teams of ten people pulled a fire engine 30 feet and the Yorkville group finished third. Gas Prices Alderman Munns commented that yesterday gas was $3.01 at Shell and today the price is $3.47. He stated that this is the biggestjump he has ever seen. EXECUTIVE SESSION Mayor Burd entertained a motion to into executive session for the propose of discussing 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. So moved by Alderman Golinski; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes-7 Nays-0 Spears-aye, Sutcliff--aye, Werderich-aye, Besco-aye, Golinski-aye, Munns-aye, Plocher-aye The City Council entered into executive session after a ten minute break at 9:50 p.m. The City Council returned to regular session at 10:02 p.m. ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Werderich; seconded by Alderman Plocher. Motion approved by a viva voce vote. Meeting adjourned at 10.03 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois Economic Development Committee DRAFT Public Works Committee Committee of the Whole Tuesday, June 19, 2007, 7 : 00 p.m. City Council Chambers In Attendance: Guests: Cam: Laura Haake Valerie Burd — Mayor Brian Schumaker Arden Plocher — Alderman Jack F. Zausa Jason Leslie — Alderman Charles Kraupres Wally Werderich — Alderman Joe Popp Robyn Sutcliff— Alderwornan Carol Foster Rose Spears — Alderwoman Louise Easton Gary Golinski — Alderman Darrel Zarat Joe Besco — Alderman Ed LeCompte Marty Munns — Alderman (arrived 7:20) Scott Sleezer Mike Roth — City Attorney Sara Jo Fisher William Powell — Treasurer Bob Fisher Bart Olson — Assistant City Rita Kleefisch Administrator Tom Gilmour Gloria Spies — Comm. Relations Officer Vince Rosanoua Joe Wywrot — City Engineer Richard Marciuioh Travis Miller — Community Dave Waden Development Director Rich Guerard David Mogal - Director of Parks and Debbie Horaz Recreation Jeff Martin Meeting called to order by Mayor Valerie Burd at 7:03 pm. Public Hearing None Presentation: 1. Shamrock Farms — Concept Plan Jeff Martin land planner with Teska Associates shows a conceptual site plan of Shamrock Farms. Mr. Martin shows the subject site is between Walker and Caton Farm Roads. It is about 128 acres. Martins explain that one of the things he is trying to do here is to create a neighborhood with a real sense of place and goes onto explain the subject site. He explains that along RT 47 there are about fifteen acres of neighborhood retail. Mr. Martin notes that Travis Miller said he would like to see some kind of frontage road that runs all the way down Caton Farm Road to Walker 1 Road; on the left side of that frontage road there is about 200 feet of depth and those are going to be outlots in that area. Right now Martin states they are about ''/z acre in size and we're calling it out as nine outlots. Martin also notes that there is a regional bike trailway along Rt. 47. Mr. Martin explains the other portion of the retail neighborhood which would be the eastern side. There will be the area that serves the neighborhood such as coffee shops, dry cleaners, and things of that scale. These buildings are about 70 — 80 feet in depth. Martin states that they have tried to put some of the parking in front of the store. He knows clients like that and retailers like that as well however Mr. Martin states that he knows that the village encourages parking behind the building. Martin has tried to put a third of the parking behind the building. Mr. Martin points out the boulevard that actually puts us back into the residential development. Mr. Martin states that the boulevard provides a strong visual sideline and it also allows for you to drive down it or walk down it. Again that' s in the retail area. There is a total of 15 acres and the total square footage in Martin's building alone is 96 thousand feet. Parking for that is a ratio of 3 :3 cars per thousand square feet. Moving to the northeast side, Mr. Martin points out, you can see a change in density of the homes. This is more of a commercial area. Martin has a vision of row homes products. Total residential area is 113 acres and total row homes are 231 units. He would put an alley behind the row homes and the reason for that is to avoid pulling out on a street and seeing nothing but garage door after garage door. He realizes that this will be a public works issue but Martin's vision is having a real traditional neighborhood feel. Next Martin touches on the duplex units. Total duplex units would be eighty-eight. Martin touches on the ten thousand square foot single family products. Total count on those is forty-four units. Final product they have is the twelve thousand square foot lot that incurs up where Penman Road will eventually come down. The vision is to have parks and great little common areas. The total unit count is 396 units; that puts us at a density of 3 .5 units per acre which is the maximum. Martin explains the one neat environmental feature that they have on the side there are plans for a drainage swale that will run through the North West comer. To preserve natural lands Martin brings up to the client that they might want to get into bio-swales and make that a real amenity to the neighborhood. Jason Leslie states that he has a problem with the density. Leslie is worried about the impact of the number of people on our schools. He states that the quality of life is very important. 2 Mr. Martin explains that he understands there is a high density but that he is trying to provide something unique. Martin states that his client did have a meeting with the park district and they want to have it consolidated by the park somewhere. Alderwoman Rose Spears asks if they have presented this to the Army Fore of Engineers and Mr. Martin says they have not. Ms. Spears said she had a problem with that and with the garages in the alley. Spears' believes that is a fire safety issue and that it would be a public safety issue as well. Spears is not in a favor of this and feels that this is what people got away from in the city of Chicago and claims people won't want this. Spears' feels that the council really needs to be taking a look at density; stating that we want areas of low density, and not necessarily for a trade off for green space. Alderman Wally Werderi ch asks about the thought process regarding bringing 10 thousand square foot lots. Mr. Martin says a healthy neighborhood has a lot of diversity to it. As a planer he likes to see about eight thousand to twenty thousand square feet per lot. Alderman Werderich asks about the bio-Swale. Mr. Martin explains that it is a natural way to deal with storm water. For the last fifty years developers have been digging holes where storm water is piped into it and it works for awhile then it goes out another pipe. He explains that is not nature's way of doing that but the natural way is through the swale whereas a bio-swale enhances that in turn allowing the rain water to flow into the swale through the plants and native plants instead of having it piped somewhere down the stream and being absorbed into the ground water. It will take quite a bit of engineering to do this however. Mr. Martin is hoping, after talking to the park district, that they could engineer this in the north east corner to be able to preserve the swale and provide a park space. Alderwoman Spears wants a wildlife corridor but feels there is no more wildlife. It will be hard to find wild life. Spears' brings up the Army Fore of Engineers and asks if they will be contacted. Mr. Martin says that right now this is a concept plan and that would be for the engineering phase. They need to determine if this is a jurisdictional wetland or wetland area and then the Army Force of Engineers would come into play. Not sure if the jurisdiction would fall under the Army Force of Engineers or fall under municipalities ordinances. Martin says it's not something they expect at this stage. Ms. Spears asks why this isn't done before and Travis Miller states that it is premature at the property level. It would take months to gather the information and Miller states that they want the council's vision first before they spend the time. Alderman Gary Golinski brings up the fact that he wants more single family homes. Golinski wants to be in the middle range and that there is no reason to be at the max number of square feet. Alderwoman Robyn Sutcliff likes the plan but also has a problem with the density and we should really stop cramming houses where we can. There is no guarantee what kind of houses are going up and Ms. Sutcliff brings up 3 price point. We should have something in our agreement that would require some nice houses structure wise. Alderman Jason Leslie states he has a problem with density and the number of attached units. Leslie states at with 231 row homes, 88 duplexes, and 44 units at ten thousand, 33 units at twelve thousand are incredibly misleading. He would like to know the density of the row homes. He wants a break out of density of the homes. Major Valerie Burd would like to see office usage in these spaces. Burd would like to see that as a possibility. Burd states that you don't always need town homes backing up to commercial but that people will buy. Alderman Arden Plocher notes that he is against combining two commons areas into one big one; he likes the two spaces. He would like to see more single family homes. Plocher thinks that we should stick to our minimum of 12 thousand square foot lots. Plocher would like to see more parks or perhaps a baseball field in open spaces up in the north east comer and knock some of those row homes out of the plan. Alderwoman Spears concludes that they would like to see larger lots and more green space. 2. Hearthwood Farm — Concept Plan Brian Schumaker with Wendler Engineering Services represents Hearthwood homes concept plan. Mr. Schumaker presents that they are looking at single family homes. They are located south of RT 30 and north of Galena on the west side of the road. There are 186 family units and a total of 196 town homes. A Mr. Schumaker point out there is only one entrance off of Dickson Road and a second entrance should be provided. Mr. Schumacher explains that he is here to get the Cities comments. Alderwoman Rose Spears brings up her concerns on the density. Ms. Spears states that she would like to keep the City standards and to see a reduction of homes. Ms. Spears also brings up the fact that everything is being squared off. She would like to see more green space. Currently the proposed density is 3 .9 units per acre and suburban neighborhood recommendation is 1 .50 — 2.25 units per acre. Alderman Jason Leslie also brings up the fact that the pre-plan is a bad layout. Mr. Leslie states its way off from the lot size and layout for what we as the City wants. Alderman Arden Plocher states that he agrees with Alderman Leslie that this needs to be taken back to the drawing board and that we take a pride in our cities uniqueness. Travis Miller states that the purpose of this is to bring the concept forward. Mr. Miller states that prior to EDC presentations, petitioner has presented to the Park Board and the Plan Commission. Following gathering of input, petitioner can apply for annexation and zoning of property and this will more than likely proceed as a 4 Concept PUD. Mr. Miller notes that the zoning issues were purposed as two different products Alderwoman Spears concludes with that they'd like to see smaller lots and more green space. 3. GIS Presentation Greg Webber the JS Coordinator is here to give the GIS Presentation. Mr. Webber shows slideshow and states you can view this at: http://yorkvillegis.com He states that the website is still being developed and goes over some features of the site. For example there is a help file to answer questions. There are viewer FAQ' s. There are many different layers you can access to view zoning wards. High speed internet is recommended because of the amount of data being displayed. There is a quick search that allows you to do a quick search on street, addresses, or businesses. Mr. Webber shows the web browser and show that the upper left hand corner there are five different tabs that shows viewer help and describes each of the tools and options in browser. Mr. Webber states that with the aerial photography he wants to repeat the flights every two to three years to keep up an actual count on buildings. Mr. Webber asks if anyone has questions to please contact him. Alderman Jason Leslie states that this is a great tool for Alderman to track certain developments on charts and do cross studies. Mr. Leslie wants to know if you will be able to click on an area and view annexation on communities. Webber states that he hopes in the near future that he will have all annexation agreements entered into the database. Mr. Leslie asks about GEO reference. Mr. Webber states that a lot of developers now are using GPS to obtain their points and parcel boundaries. Webber notes that it would be a lot more accurate if they all did. Leslie wants to see this as a requirement because it would be more accurate. Travis Miller states that they could change the application to make it a requirement such as GEO referencing. However a lot of small developers and individual homeowners have no access to scanners to do so but we could give them the option to out source to get it done or we would have it done for them. Economic Development Committee: 1. EDC 2007-21 Building Permit Report for May 2007 2, PC 2007-16 Yorkville Crossing Unit 1 (Wal-Mart) — Final Plat Alderman Jason Leslie states EDC #1 building permit reports is pretty self explanatory. Mr. Leslie asks if there are any questions or comments. None made. 3. EDC 2007-22 Yorkville Market Square PUD Amendment Alderman Jason Leslie states that this is a request to amend a setback on lot three of Yorkville Market Square from 20 feet to 15 feet. The amendment requires 5 amending the current PUD agreement. Mr. Leslie states it would be the lot directly north of the Panera. Mr. Leslie did have one question in terms of the set back. Leslie wants to know if that is for additional expansion of the building. Travis Miller said it is not and it is to accommodate a building is to propose the shifted of entrance slightly to the south in order to accommodate parking. The set back was three feet and that is a zoning classification. Mr. Miller states that they typically use a zoning classification as a guide in determining the set backs. This does not interfere with the five foot buffer guards. No additional questions or comments. Alderman Leslie states we will put this on to consent. 4. PC 2007-17 Wynstone Townhomes — Restated and Amended Annexation Agreement Rich Guerard with Wyndham Deerpoint on behalf of the owner and developer of the property presents the fifty-six town home project to be approved. Mr. Guerard gives a quick history on what they are proposing. He states that this property was brought in and approved in 2004 by the plan commission and board. There is the same amount of units and base type of product. The main difference that has happened has to do with the access. The board in 2005 strongly suggested to us that in our plan that through the concept plan this access from 47 was not part of the plan. They suggested that we work on a plan that would include an access onto Route 47. It was a two year process to get that access approved but it has produced a superior delay on the plan as far as safety. Mr. Guerard notes that now what is being proposed and what the planning commission recommended is that they now have to have a written agreement for a permeate access and they have worked with IDOT on Route 47 that this will now be a controlled light intersection. So now the property will have access with a controlled light and the access to the north through the existing subdivision has been eliminated. The other thing that is happening is there is a private road between subdivisions and we agreed that we would be building a connection however it will be showing as an emergency access at this time. Mr. Guerard states they've agreed, under the amended agreement that we have an updated design standard of the City, to update the architecture. Mr. Guerard passes out pictures of what they've built in Elgin to show Council the differences in the architecture. He explains these are upscale units and they are an average size of a unit of a finished space is 1951 square feet. Each unit will be meeting or exceeding all design standards they currently have. There is brick all the way around the units; they all have two car garages and extensive parking. Mr. Guerard states that this has been thought the Planning commission and the plan was approved and he would like to know if there any questions. 6 Alderman Joe Besco asks about the heavily density areas of trees. Mr. Guerard states that there is a large area of trees that will remain protected along the edges. The dry retention area will not be stripped. Travis Miller state there' s a staff recommendation for a tree survey. Mr. Miller states that the latest update with the landscape ordinance 2006 136 is the latest update to the tree survey language. It states that a tree survey with a 4" caliper size and larger identified will be preserved and there is a planting plan being prepared where some new trees will need to be replanted. Mayor Valerie Burd asks wants to know if they are just going in to clear cut the trees or are they going to try and sculpt around the buildings on the outer edges. Mr. Guerard says they are going to try and preserve the trees because they are valuable. He says the drainage is a big issue. So some of the grading issues are going to end up loosing the trees but at the extent we can keep trees they want to. Due to the change of routing at the north they will be keeping a large area of trees that they thought were once going to have to be removed. Alderman Joe Besco wants to know at some point in the tree survey if there are valuable trees if buildings could be moved around to different areas to preserve them. Mr. Guerard states that that they asked in the annexation agreement there is a list of potential variances to allow the moving of porches and buildings to save trees. Alderwoman Rose Spears has a concern over some drainage issues and wants to know if there will be a detention provided to help with the problems. Alderwoman Spears states that she spoke with some property owners who experienced flooding. Mr. Guerard says that they will follow the City's new ordinances. All engineers will be reviewing and designing this and after the build they will be helping the drainage issues and not harming it. Alderman Marty Munns asks if the garages in the back are like a court yard setting and Mr. Guerard says yes. Mr. Guerard points out the articulation of the back yards and points out that there will be balconies all the way across and brick across the bottom. They also back up to each other so when you drive by them you don't see any garages. There are 284 parking spaces for 56 town homes. Alderman Jason Leslie has a concern over the density. He feels it is a huge issue and that going forward we need design standards put in place. He states there has been a reduction on fees of 64 to 54 units however we're still at 5.6. Mr. Leslie would like to know if there could still be a reduction in homes. Mr. Guerard said that they are going to go ahead with the current fee schedule and that is off the table right now. They are not looking at the reduction of the fees. Mr. Guerard feels that they are offering a lot of good things to the City. He feels that they want to go the epic mile and what they want to do with town homes is not going to cost the City anything. Mr. Guerard states that they are putting up product that will be helping all the surrounding properties as far as the value of the product. He feels they are bringing a lot of good things and they need some help to do that. 7 S. PC 2007-13 Yorkville Congregational Church — Variance Request to Allow Electronic Message Board Darrel Zarate representing the Yorkville Congregational Church is here to request variance to allow an electric message board to replace an existing wood sign. Mr. Zarate states that they want to replace their own wood sign with an electronic message board sign with a lit up sign above that will be contained in the stone work around the existing one. The electronic part will be the other sign with their name on it. It will be 2" X 6" X 8" and the electronic message board will be 2" X 4" X 8". Mr. Zarate says he went before the zoning board and they had three recommendations and those were: 1 . The sign will not be illuminated between the hours of 10:00 PM and 6:00 PM. 2. Allow the message board to display up to two separate messages in any given day, and 3 . No animated or scrolling messages are allowed to be displayed. Mr. Zarate says the sign is programmable and all that can be controlled and right now the sign faces the south east corner lot at Country Parkway. Alderman Joe Besco is concerned that the message board is LED and it is very bright. He doesn't want calls from residents stating that it's too bright and secondly the intersection at Center Parkway and Country Parkway people are running stop signs and if they have something else to focus on he's concerned there will be accidents. Alderwoman Rose Spears also feels that people will be running the stop signs at that corner and it is very dangerous. Ms. Spears spoke to the Police Chief and he said that is a public safety issue if we are distracting people driving. In defense Mr. Zarate explains that the sign is a fair distance off the street. He states it is 18 feet off the sidewalk and another 15 feet with the stone base. Ms. Spears states due to the public safety issues her vote would be no. Alderman Marty Munns said that they recently turned down a business due to the brightness of the sign. Mr. Munns also brings the fact he understands that they are trying to get a message out to the public however he knows of a church in Oswego that has a sign that it is in not illuminated which they change the message on every day and he has no problem reading it as he's driving by. Alderman Robyn Sutcliff asks Mr. Zarate if he has asked his neighbors about the sign to see how they feel about it. Mr. Zarate said they did send out certified letters letting them know the procedure. He states that they could talk to the neighbors face to face however. He also states that he spoke with a representative of the sign company and he said that a lot of towns and villages are allowing churches and schools to use these types of signs. Mr. Zarate asked for more information on which ones are doing that and states that the representative has not gotten back to him on that. Mayor Valerie Burd states that we don't have jurisdiction over schools so we can't compare school districts. In certain respects schools are immune from local 8 government control says City Attorney, Mike Roth. Typically in regards to sings however they are required to comply with zoning. City Engineer, Joe Wywrot states that electronic signs are a violation of our sign ordinance that's why they went to the zoning board for an appeal. In conclusion: Alderman Gary Golinski thinks that what Mr. Zarate is proposing is tacky and that they should stick with the wood sign. Alderman Joe Besco notes that this is a drastic shift in the road at that intersection and he's worried with any other distraction at that corner they'll have people driving off the road. Alderwoman Spears feels that it is dangerous too and states if it were on any other corner she would consider. Mayor Valerie Burd would like the Council to not consider it ever because we are trying to get rid of these types of signs so why we would consider putting one in? Mayor Burd says she would hope in moving forward that we would take a look at our signs and even make the sign ordinances more astringent to try to get rid of some of these really tall sings to make them less intrusive. Alderman Leslie states that we have a consensus and we will move it onto vote on Tuesday. 6 PC 2007-18 Saratoga Homes — Sign Variance Request Alderman Jason Leslie states that Saratoga homes is requesting that an off-site residential marketing sign be located closer than the required one-quarter mile separation from another off-site residential marketing sign and they are also requesting the increase the maximum allowable size for an off-site marketing sign from 64 square feet to 128 square feet. Mr. Leslie states that the court of appeals has recommended remaining at 64 square feet for allowance of the placement in the one quarter mile radius. Alderwoman Rose Spears shares the concern over having a sign twice as large. Alderman Joe Besco feels we should stick to our guns with the size. Nick (no last name) with the department of Cloud Sign Company representing Saratoga Homes states that on the corner there are three signs. The first one being approximately 160 feet to the North of Corneal on the east side of 47. All three of the signs fall right inline within the setback requirements and they are approximately 35 feet east of 35. They would be going as far north on the property that would be allowed within the guidelines. There would be the Wyndam Deerpoint sign, the Pasquinelli sign, the AMG sign and we'd be further north so it would be will within the guidelines. Nick states they would be more than happy to fall within the 64 square foot limitations. Alderman Leslie asks the Council if the 64 square foot allowance sounds good with everyone. Council's consensuses are a yes. 9 7. EDC 2007-10 Visitability Code Alderwoman Rose Spears states that there were some concerns from local builders at a meeting they had attended. Since then she has received correspondence regarding the ordinance and stated they did put a couple stipulations in there and now their goal is to take that to an appeals committee. They were going to go ahead and draft the single family homes. Ms. Spears said if the builders had a hardship they could prove what she would like to do is have an appeals committee similar to the sign variance committees. We would like to have them consent their appeal to their building and zoning departments and they would review their appeal. Alderwoman Spears states there are three major issues that need to be voted on. Assistant City Administrator, Bart Olson states the three major policy issues that are outstanding in regards to the ordinance are in the packet and have been brought up by builders. Mr. Olson notes the first is the requirement of an electrical handle as proposed before that is the newest setback. Community Development Director, Travis Miller, states that as a result as the discussion we just don't know if this has been discussed in depth so that's why we are bringing it up. Mr. Miller states that in the proposal it states that the electrical box is required to be on the step floor and the original thought was that it was going to be lower than what the original code required so that someone in the wheelchair would be able to reach out and touch the switches. Mr. Miller states that the electrical panel cannot be moved lower due to certain building codes stating that the electrical panel has to be a certain distance from the floor. Mr. Miller's staff thought that if they had to get rid of the lower requirements why not present the idea that those in wheel chairs could use a reaching device if it were on the first floor rather than the basement floor. Ms. Spears is concerned that the handicap people would not be able to reach the electrical box if it were in the basement. Alderman Jason Leslie states that the determinations between a visibility code and a livability code this is visibility as drafted in someone coming into visit to visit your home is probably not be or have access to the fuse box. Alderman Leslie wants to make sure that they are drafting a visibility code and not a livability code. Alderwoman Spears clarifies that it is not for people visiting it will be people currently in their homes or for people who will be purchasing homes. Ms. Spear's states that people down the road will need to have special procedures and different items in their homes so they can stay in their homes. Mayor Valerie Burd believes that what Alderman Leslie is saying is we need to change the name of the ordinance to livability instead of visibility. Ms. Spears says they will change the name of it. Alderman Marty Munns asks why they can't move the fuse box from the basement to say the mud room where the washer and dryer are. Mr. Munns asks why you wouldn't put one there because it only makes sense. City Engineer, Joe Wywrot, says yes it does make sense and that they use to build 10 houses like that then the builders moved it down to the basement for their convenience. Mr. Wywrot says it can be done and Alderman Arden Plocher agrees with Mr. Munns. Alderman Leslie says that there is some work to be done and there is a very good policy underway. Ms. Spears says that Chicago, Bolingbrook, Rockford and even our surrounding communities, Montgomery and Sugar Grove has expressed strong interest in this. Ms. Spears said that she is going to present our Council meeting as well as the builders to each of our surrounding communities. Spears notes that quite a few trustees and presidents have indicated a strong interest and they feel the need and they feel that if all their communities could be on the same page as this we won't have builders saying that I'm not going to build in this community I'm going to go build next door. Ms. Spears says that AMG had some legitimate concerns and they are known for sunken type family rooms. As far as no step, if AMG could prove a hardship such as if people come in and said they wanted their homes built a certain way and they couldn't do it and they loose out on the sale then that would be a hardship. Alderman Leslie believes that we need the appeals process because he feels the policy is very astringent. Leslie feels that the appeals process really needs to be hard and stead fast and will be a good measure. Mr. Munns states that we are getting too restrictive for government and over stepping our boundaries but we are looking at other things for the overall safety of our community. Alderman Besco agrees with Alderman Leslie agrees and believes that people should be able to build their dream homes how they want as long as they meet building codes. Ms. Spears wants to go ahead and put the appeals process in place and decide who will be sitting on the appeals committee. Alderman Leslie believes Spears has great intentions but would like to build up to it. Leslie believes it needs to be more thought out and it too premature to go forward with it. Bart Olson states there are two more policy issues however at this point to save some time, Alderman Spears' recommendation and the staffs recommendations will be directed to Travis to discuss at the next meeting. The third policy issue is the qualifications of the board members that are going to be a partially arbitrary number could be any number and the qualifications will likely in turn be pretty standard and not be any huge policy issues. Mr. Olson asks the staff to draft up a zoning board of appeals to take on five people for the term of two to four years and present that to the next COW meeting. 11 Alderman Leslie concludes with revisiting this on July 3rd for special City Council Request. No action at this time. Public Works Committee: 1. PW 2007-83 Water Department Report for March 2007 Alderman Joe Besco states this is a change in the amount of $2,055.95 is for placing erosion and sediment control measures at the upstream end of the outfall sewer. No questions rose. 2. PW 2007-84 Water Department Report for April 2007 Alderman Joe Besco states this along with the report for March there are no questions moved it onto to consent. 3. PW 2007-85 Raymond Storm Sewer Outfall — Change Order #4 Alderman Joe Besco states this is a change order in the amount of $2,055.95 to replace erosion and sediment control measures at the upstream end of the outfall sewer. No questions rose so consent it is. 4. PW 2007-86 In-Town Road Program (Phase 2 Utilities) — Change Order #1 Alderman Joe Besco states this is a change order for replacing a section of sanitary sewer on Heustiis Street between Van Emmon and Fox Streets. The cost of the work is $37,122.73 . A question is raised if it is has been budgeted. Travis Miller states that it is in the budget. No other questions rose so consent it is. 5. PW 2007-87 Kendall Marketplace — IDOT Letter of Understanding for Rt. 34 Improvements Travis Miller states that this is a standard letter. The City is basically in agreement with the permit. Alderman Joe Besco asks for any questions, with none rose it is moved to consent. 6 PW 2007-88 U 34 & Sycamore Road Traffic Signal — Design Proposal and MFT Resolution Alderman Joe Besco explains the proposal of the US 34 & Sycamore Road traffic signal — design proposal and MFT resolution. Alderman Besco reads that we have two options. One proceed with construction of a traffic signal for ht existing 3-legged intersection with no changes to the pavement geometry. Construction of the signal would probably occur over this coming fall and winter. This traffic signal would be replaced with a new traffic signal for a 4- leggedintersection when Rob Roy Falls constructs the north leg. Two we have the option to enter into an agreement with the Rob Roy Falls developer to construct a traffic signal for a 4-legged intersection at this time. The Rob Roy Falls developer would proceed immediately with preparation of a new IDS and traffic signal design. The City would contribute the funds that it would have spent on the 3-legged signal toward this ultimate signal. 12 Travis Miller states that the first option of the 3-legged intersection has been approved by IDS (Intersection Design Study) and we can move forward with this option immediately. Option number two we have received a concept plan from the developer. Mr. Miller explains that to create a 4-legged intersection we would have to relocate the 3-legged plan. He states they will negotiate for this plan however there is no guarantee in the timing and its annexation. The physical terms and solutions could take up to five to ten years. Alderman Jason Leslie asks if there is any chance of the developers funding the 4-legged plan. Mr. Miller states that the 4-leg would be more money and be improvements responsible by the developers. Alderman Marty Munns would like to know if we contracted the engineering study for twenty-nine thousand out to who ever it is how long would that take. Mr. Miller states that it will take a couple months. Mr. Munns would like more accurate dates on when construction can be done. He would like better goals to be set. Mayor Valarie Burd states that she heard from upset residents in Ward Three they were under the impression that this was suppose to be done in May. Residents said they read it in the paper. Mayor Burd wants to know why they were under that impression. Mr. Munns states that what residents read in the paper was the money to approve the light was in May' s budget and not that it was actually going to be completed in May. He feels that's why residents might have been confused. Mayor Burd wants to know while we are conducting this study if a temporary light could be put up while we are moving forward with the other planning. Travis Miller said IDOT approved a temporary light for twelve months. Mr. Miller said they would have to find out how quickly it could be put up. Ms. Burd wants to go ahead with that as soon as possible. Alderman Besco wants to know the cost. Mr. Miller said it would be shy of thirty thousand dollars. Mr. Munns feels that a 3-leg light needs to be put up and then see what the study says. He says that we will save someone's life or wellbeing if we get lights put up. Mr. Munns brings up the fact that Rob Roy Falls would take a study on the 4-leg it would take them up to four to eight months. So if it's taken two years to get to this point with this light if we waited for that it will be at least four or five years and that is unacceptable. The intersection is too dangerous not to have lights. Tony Graph with Rob Roy Falls presents: Mr. Graph explains in regards to the IDS 4-legged study he believes that it won't take twelve to eighteen months if we have an agreement with the City that will recognize that if we do the 4- legged study that ultimately that annotation gets through those funds will be credited toward any type of fee that would be allocated toward constructing 13 the 4-legged intersection in the future. They could start the IDS study claiming some take 90 to 100 days and they report that to IDOT. IDOT will normally respond in 60 days to an IDS study so we're looking at a possible six months for the IDS study to be approved by IDOT and worst case 9 months. Alderwoman Robyn Sutcliff brings up the fact that all this will take nine months however there are other things that will need to be done and this will put us outside our twelve month window for our temporary light. Ms. Sutcliff wants to know if we talked to IDOT to extend this window. Mr. Miller said yes and that IDOT refused. They would have to issue a new permit to allow us to put it back up. He feels the ideas are reasonable he just suggest to the council that then rather strike a deal from the daises here that you give a little thought to it and understand what it is that he's asking for, what kind of credits he's looking for, what kind of value of a twelve month temporary would be and then with that taken into consideration take a direction. Ms. Spears wants to know if they would have to do another traffic study because they did one a year ago. Mr. Graph said no they would just need the IDS study. Mayor Burd summarizes what Mr. Graph is proposing. Burd explains that we should put up a temporary light and in the mean time work on this agreement with him and if that doesn't happen then we'll consider moving forward with the 3-legged light because we'll still have time for that. Mayor Burd state that we've decided we want to put up the temporary light. She wants to ask for that consensus. 7. PW 2007-89 Rush-Copley Temporary Easement Agreement Travis Miller reviewed this and it is a temporary easement agreement for Rush-Copley. Staff request Rush-Copley to include the area to be used for storm water management for Phase 1 to ensure the City can access and intervene in the event this storm water management area fails. Mr. Miller states that agreement in the packet tonight will be changing. Rush- Copley has identified some changes and they will be providing some additional insurance provisions. Alderman Besco asks for any questions, with none rose it is moved onto consent. 8. PW 2007-90 Raging Waves Letter of Credit Release Alderman Joe Besco reads recommendation as follows: the Valley Community Bank Letter of Credit #14368 in the amount of $551 , 106.09 be released. Comerica Bank Letter of Credit #628335-04 in the amount of $ 1 ,642,844.00 covers the same work items plus others. Travis Miller states that this is a duplicate request. 14 Mr. Besco asks for any questions, with none rose it is moved onto consent. 9. PW 2007-91 Fox Hill Unit 7 — Letter of Credit Reduction #3 Alderman Joe Besco states that this reduction is based on work completed to date. Recommend a reduction in the amount of $ 15,458.21 . The remaining amount of the letter of credit would be $218,844.29. Travis Miller notes that the City has requested the developers to install a gravel drive way to the lift station. The City council may wish to make this letter of credit reduction contingent upon completing those work items. Alderman Marty Munns asks where the lift station would be and Mr. Miller believes it will be on the far west end of Fox Hill west of the creek. City Attorney, Mike Roth states that he will talk this over with Mr. Miller and get back to the Council. Alderman Besco says it is subject for approval and we will put it back on the agenda. 10. PW 2007-92 Grande Reserve Unit 19 — Letter of Credit Expiration Alderman Joe Besco states that we have been notified that the landscaping letter of credit will expire on September 14, 2007. This letter of credit is in the amount of $33,003.30. Alderman Besco asks for any questions, with none rose it is moved onto consent. 11. PW 2007-93 Gawne Lane Watermain & Roadway Improvements — Bid Results Alderman Joe Besco states that Bish Excavating Company has been awarded the bid in the amount of $253,220.50. Alderman Besco asks for any questions, with none rose it is moved onto consent. Detail Board Report (Bill List): Park Board: 1. PKBD 2007-12 Parks and Recreation Master Plan Update — Trails David Mogal, Director of Parks and Recreation, notes that Scott Sleezer and Laura Haake have been working very hard on master plan. Laura Haake presents slides of Yorkville Trail Plan. Ms. Haake explains that the new maps shows a more conceptual plan that will help developers locate the trail connections and what side of the road they are actually on, as stated that has been one of the problems before. The new trail maps show the existing trails and the proposed trials. Ms. Haake said their main goal was in determining in where trails should link and in establishing links to many neighborhoods of Yorkville to retail, downtown, parks, health complexes, neighboring communities, regional trail systems, as well as to each other. Ms. Haake explains that they created a ledged on the map and divided it into four quadrants. Ms. Haake talks about the northwest quadrant stating that they would like to connect the Fox Valley Park District and the Montgomery trail systems and states that once we access those trails we can actually put them onto trails that lead to WI or IA. 15 Ms. Haake explains in the northwest quadrant we have several large projects however Broadway Creek Trail has been secured in the annexation agreement. The Broadway Creek Trail crosses the rail road tracks and Haake states that she and Scott Sleezer thought about linking it to the Beacher Road improvement going across the track and running off onto route 43 trails. Ms. Haake explains that in the southwest quadrant that there is a Fox River Corridor Trail and states it will connect through Hoover to the Fox River Trial. Ms. Haake points out the highlighted area on the left hand side of this quadrant shows trails that have not been built yet because the construction of development has not been done yet however they are regional trails. Also Haake points out that in this section trails south will be running school connections and development connections. Next Ms. Haake explains that they have contacted Railnet in regards to the southeast section to discuss the trail connection along their property and from downtown to Route 21 . Haake explains that they are currently waiting to hear back from them however they are showing connections to Oswego, Plainfield, Joliet, and Morris through regional trails. Ms. Haake states they have started planning a trail from downtown to Route 47 in terms of planning and applications. Haake explains that their future direction is to hold meetings with the neighboring municipalities and actually create a concept of where these trails are going to go even before the boundaries are necessarily agreed upon. So we in the planning are in looking at these trails will have a sort of guide to use. Mayor Valerie Burd states that we're totally off from where we thought we were going to be as discussed eight years ago. Mayor Burd said the whole goal was to get a trail from Oswego to Yorkville to Silver Springs and there is a section that we can't get through now because people on the north side of the river don't want it. We shouldn't bypass our downtown area we want that to be the hub. Mayor Burd states that she is very disappointed because eight years ago they had a vision and she feels somehow they've gotten out of the loop here. Burd notes that we're connecting ourselves to communities that are much further along with their regional plan than we are. Burd believes by putting in bike trails they were provided by a developer, that was great, however by doing that we lost the global division we should have had. We now have all these little pieces and now we're trying to connect them. Ms. Haake asks the Council if anyone has any suggestions to please contact her or Scoot Sleezer. Alderman Wally Werderich states that he likes the plan and he loves the bike trails. Werderich would like to see the bike trails to lead downtown rather from just subdivision to subdivision and be more than plan B side walks. He would like to ride his bike down Route 47 into downtown safely. 16 Mayor Valerie Burd had records pulled from IDOT 2005's request for a bike trail under the Fox River Bridge. Mayor Burd would like that to be revisited because it would help us get over Route 47. 2. PKBD 2007-13 Grande Reserve Park `A " Conceptual Design David Mogal, Director of Parks and Recreation, presents the idea for a special build park. This is one of the nine parks that we are planning obligated to for Grand Reserve — it is reserved right now for Grand Reserve Park A. This is actually north of Mill Street. This particular park is fairly close to Park B which I spoke about a couple of weeks ago which is actually south of Mill Street which is actually in the vicinity of Bridge Park. Mogal states that some of the characteristics of this park are that the design was done in house by Scott Sleezer. It is going to basically be a tree house theme. There will be a play area on one side and there will be a large multi-purpose area in the grass on the other side which some point in time we could put in a ball park. The plan shows a small parking lot and that is not going to be done in the first stage and it's only being shown as a possibility at a later date. That will also depend on what kind of activity will be installed in the park area. Basically due to the tree house theme they would like to get some really big trees in for immediate shade. The total budget on this park would be about 119 thousand again emphasizing that this is a developer built park. The developers will construct it. This is the project that will start this year and completed sometime in the beginning of 2008. Alderwoman Robyn Sutcliff would like to know what we are going to name the park and suggest that we consider ideas from people submitting names. Dave Mogal states they really haven't talked about that specifically. 3. PKBD 2007-14 Moser Property Service Extension David Mogal explains that the Grand Reserve gave 100% cash and currently 90 acres are being held by Corlands, an Illinois non-for-profit corporation. Mr. Mogal explains that we can't own the land and if we did we couldn't use it for grant purposes therefore the reason for a third party, such as Corlands to temporarily have the title on the property. Corland accepted the donation for a three year period for a $30,000 commitment fee and a service fee of $ 10,000 from MPI South, the developer of Grande Reserve. The agreement calls for up to two one year extensions upon mutual agreement with the City for $ 10,000 service fee each year. Mr. Mogal is looking that City go ahead and do this. The idea was that the 90 days value of that would be used for grants that we would apply for that we could be applied to the Hoover property. Mogal explains that there are two options they could look at: 1 . Between now and next year if the City were able to form a foundation; a foundation could hold this land for us indefinitely. If that would not be able to be completed by next year then 17 2. We would find another third party that could hold this land. Mr. Mogal reiterates that it is very important that this land be held as a dedicated piece. Alderwoman Rose Spears agrees and Mayor Valerie Burd says we'll move forward with this and moves it onto consent. 4. PKBD 200 7-1 S Parks and Recreation Public Survey David Mogal brings back to the council information on the public survey. Mogal states that they are currently updating their master plan and one of the components is a public survey. He noted that the last time he brought it up to the council there was some concern over a telephone survey and he checked with NIU and they do mail surveys. Mogal introduces Lynn Nauvauke (?) from Northern Illinois University, (NIU). Lynn goes over the types of surveys that they do: 1 . Phone — 45 telephone station research center 2. Mail 3 . Web Based/Email 4. Focus Group Recruitment and moderators Lynn notes their clients: 1 . State agencies — Health, Public Policy Research 2. Libraries, Park Districts, School Districts, Community Planning 3 . Corporate Clients — Employee satisfaction — Business/Organization 4. Academic research 5. Internal NIU support Lynn discusses the survey design in that they will ultimately be partnering with the Park and Recreation Department. They view this as a four to six month process. They will look at budget consideration. They discuss survey methodology to find out what is the best survey to conduct. Next they want to make sure the questions they will use will be addressing the goals of the Park and Recreation has set forth. Lynn states that all the research they do must meet IRB approval, Institutional Review Board. It became that all survey that POL conducts has met their requirements and won't hurt quote unquote human subjects. Lynn states that in 2003 they did a four page mail survey and they received a response rate of 53%. For the study they are currently proposing a telephone survey and this would in tale the following. Questionnaire programmed on computer system, interviewers are trained and survey is then presented. Script revision if necessary based on pre-test with Yorkville staff so they know the questions to be asked. This way they can get a feel of the flow of the 18 questionnaire. Secondly they would do a pre-test with 7- 10 households. This. Lynn explains, is so we can get a feel for the length and to find out if people understand the questions. Lynn notes that they don't want to be biases and if there is a question a person does not participate in then the system is set up to skip to more relative questions. There is a skip method to the questions. After the pre-test they are ready to launch the survey. However they would like to pre-notify the residents of the call by sending out a letter with the Yorkville Park and Recreation letterhead and stationary. The letter would notify them and 800# would be provided so they could call if they had questions. Lynn says they obtain their phone numbers from a company in Pennsylvania who looks at the geography of Yorkville and is able to tell them what the exchanges are for Yorkville. They will supply us with listed numbers and unlisted numbers. That way they can contact people who just moved into the area. Next Lynn goes over their survey Protocols for phone. 1 . First calling times are between 9 AM — 9 PM. 2. Caller ID will say Northern Illinois University 3. They will ask for most knowledgeable adult in the house 4. Will verify that respondent lives with target area 5. Participation is voluntary and confidentional 6. Telephone calling with one month 7. Eight attempts per number 8. Call back appointments set for respondent convenience 9. Attempts are staggered by day of week and time of day 10. "DO not call" list/refusal conversion Lynn states the advantages of phone surveys are: 1 . Starting database of households to be as inclusive as possible 2. More coverage via phone in a growing area 3 . More efficient pretest capabilities 4. Limit non-response error 5. Willingness to speak on the phone 6. More control over respondent selection Alderman Arden Plocher states if we send a pre-notification letter why not just conduct a mail survey. Alderman Plocher feels that a 50% response rate is good. Alderwoman Rose Spears asks if what the response time would be to run a complete mail survey. Lynn states that it would probably run a three month time period as opposed to the phone survey taking one month and the reason for that is because it would be a three tiered mailer. They would send out the questionnaire and those who did not respond they would send out three weeks later and then a third time they would try to get them to respond. Alderwoman 19 Spears wants to know the cost difference and Lynn states that the phone survey will cost a slight bit more however you get a better response. Alderwoman Spears has a problem with some of the protocol. Ms. Spears wants to know why would you call back if someone hangs up and Lynn explains they must get an adamant "do not call back" type of response. Ms. Spears also doesn't like the hours. She feels that calling at 9 PM is calling too late. Lynn says that can be looked at however ending calls at 8 PM would be leaving a small window in the evening to reach people. Alderman Jason Leslie requests using an auto dialer instead of having a pre- notification letter being sent to residents. He states that the auto dialer is a pre- recorded message to inform residents of the survey. Alderman Leslie doesn't think that by the time you reach a person after so many phone calls you are going to get honest feedback from angry people? People want comfort and convenience. They should get the survey by mail and have the option of mailing it back or have the option to take it online somewhere and the auto dialer would explain their options. Alderman Joe Besco agrees with Leslie and believes that a mail survey would be best because residents will be angry after eight calls. Lynn clarifies that the majority of those phone calls no one will answer or they'll get an answering machine where they do not leave messages. She makes it clear that if someone says do not call back then they don't call them back. Lynn says they get a better response rate in a phone survey because they have more control over the survey. Major Valerie Burd asks if there are any further questions. Council unanimously agrees on not having a phone survey. A voice vote: Besco-no; Munns-no; Spears-no; Leslie-no; Sutcliff-no; Plocher-no; Golinski-yes; and Werderich-yes. Burd states based on six no's the concessions is a no. David Mogal is asked to look into a mail survey. City Council Requests: 1 . COW 2007-04 Discuss Governing Ordinance Assistant City Administrator, Bart Olson summarizes the changing of the committee structure. Mr. Olson states that the first week of the month we're going to have two committee meetings simultaneously so agenda items will be split up. Second week we're going to have COW and City Council meetings back to back to vote on agenda items. Third week will be the other two committees that weren't held on the first week and the fourth week would then be COW and Council. Mr. Olson thinks that we can manage the flow of agenda items from meeting to meeting by using staff references from COW to Council. Mr. Olson also wants to at least try it out. 20 In regards to the chairman of the committees Mr. Olson feels that we've already established who the chairmen are. Mayor Valerie Burd states that they already have vice chairman right now. Burd feels that if we're not taking advantage of our committees then we are wasting our time sitting in those committees and secondly we're totally dumping everything on COW. We actually need these committees to function and to have them start sorting out some of these items that aren't ready to come to COW to vote. Burd wants with the staff interest we can stream line this to move things along because we can't keep having such long meetings. Alderwoman Rose Spears already sees that having two meeting being held simultaneously will be difficult. She would like to see them staggered. Mayor Burd would like to move forward with this and see what happens. She states that the chairman will make reports of what their findings are so that we don't have alderman asking the same questions we're asking the committee. She asks to vote on the amending the governing ordinance next time. Mayor: 1. COW 2007-04 Kendall Country Paratransit Letter of Commitment Mayor Valerie Burd explains that this is a very good idea and she has spoken to a lot of residents who have had complains about not getting around because they don't have cars. She feels there is no way to get anywhere because there is no cab service. Burd feels the cost of this is so minimal and the benefits are large and she feels that we should all embrace as a fantastic opportunity for us. Bart Olson explains that most of this has been funded by federal grant dollars. Our share of the local matching funds will be a request of $ 13,000/year. Alderman Marty Munns' brings up the fact that anyone can use this service and wants to know how safe it is and would also like to know whose driving. Bart Olson says that the company in charge of this specializes in the transportation business and they are DeKalb drivers. Alderman Spears believes it will be a truly beneficial for the residents. Mayor Valerie Burd asks the council and they put this onto consent. 2. COW 2007-07 An Ordinance Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 Peter Raphael with William Laird Company states he' s been doing the underwriting for the Kendal Marketplace. He is here to tic up the last loose ends of the last three of the bond issues. For the new Council members he explains that they issued a business descript bond which is a bond is secured by 1/2 of I % sales tax self imposed on the Kendal Marketplace. Followed up by a sales issued sales tax bond that is an additional of %2 of 1 % of the local share to secure a second bond. The third bond is a special service areas bond 21 which is used to provide some of the public infrastructure on this sight. Mr. Raphael explained that first they'd take the sales tax dollars and business tax dollars and use those first to pay for the sales tax bond and business tax bond. With monies left over they would use that to abate the special service area. Raphael explains that tonight they would like to formalize and finalize the abatement process on the ordinance. The ordinance talks about how to use the excess cash flow and how to use every last dollar. Mr. Raphael wants to discuss any concerns or questions that way he can bring it back with an adoption to this ordinance. Mike Roth, City Attorney, states that what Mr. Raphael says is true. The ordinance was designed to abate the retail taxes. Mayor Valerie Burd says they will move forward with this. It is put on consent agenda. 3. Sugar Grove Boundary Discussion Mayor Valerie Burd states that this is so far into play it is now out of our hands. We are just waiting for the judge's decision. City Attorney, Mike Roth said that everything has been done except for oral arguments and the court may not even allow for that. So as far as any activities from either of the parties are concerned either we'll hear a ruling by the court or they'll call the attorneys in for an oral argument. There is no real time frame and it could sit for nine months. City Clerk 1. COW 2007-08 Prevailing Wage Ordinance Mayor Valerie Burd says the city clerk isn't here however Bart Olson speaks on her behalf and states that this is a routine item that they have to review every year. Mayor Burd asks if there are any questions and none raised so onto consent it goes. Executive Session: Mayor Valerie Burd addresses that we are going into the executive session and we want to discuss a potential litigation. Alderman Jason Leslie reads that the executive session as follows is a 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 close meeting. Mayor Burd asks for motion seconded by Leslie. Role call by Alderman Spears: Besco-I; Bart-I; Leslie-I; Sutcliff-I; Munns-yes; Spears-I; Plocher-I; Wally-I and Golinski-I Mayor Burd adjourns Council into Executive Session at 11 :23 PM. 22 Minutes respectfully taken by: Jamie Cheatham 23 Page 1 of 4 UNITED CITY OF COMMITTEE OF THE WHOLE DRAFT CITY COUNCIL CHAMBER July 10, 2007 7:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Valerie Burd Alderman Arden Plocher Alderman Joe Besco Alderman Rose Spears Alderman Gary Golinski City Treasurer Bill Powell Alderman Marty Munns City Clerk Jackie Milsehewski CITY STAFF PRESENT: Interim City Administrator Olson Director of Parks & Recreation Mogul City Attorney Roth City Engineer Wywrot Finance Director Susan Mika Community Development Director Miller Public Works Director Eric Dhuse Building Inspector Bill Dettmer Police Lieutenant Schwartzkopf Building Inspector Barb Dettmer GUESTS: See attached list. PRESENTATIONS None. DETAILED BOARD REPORT — BILL LIST Alderman Spears questioned a payment on page 13 — Jewel - for rollers, veggie tray in the amount of $197.95. It was explained that this was for refreshments served at the retirement event. The Bill List was placed on the July 10, 2007 City Council meeting agenda. MAYOR 1, COW 2007-09 Agreement between the City and the Old Barn Museum Mayor Burd presented this as an information item. A rough draft was presented to the Council as a starting point with a more detailed draft for a space agreement to follow. The Library Board is also investigating an agreement because an exhibit of American Indian artifacts is planned for September 2007. Finance Director Mika reported that there is no additional insurance cost to display the artifacts however the insurance carrier will need a list of what is displayed in the City's buildings. This item will be discussed further at future meetings. ECONOMIC DEVELOPMENT COMMITTEE 1. EDC 2007-23 Yorkville Crossing Unit I — Crimson Lane Right-of-Way Dedication This is a request for the dedication for the first section of Crimson Lane. The ROW will allow access from Countryside Parkway for the petitioner, Wal-Mart, and is needed for construction to begin. The request has been reviewed by staff however Director Miller noted that not all the issues addressed in his June 11 , 2007 memo have been resolved. He was asking for approval subject to final staff approval. Page 2 of 4 This item was placed on the July 10, 2007 City Council meeting agenda for approval. 2. EDC 2007-10 Visitability Code Alderman Spears reported that, based on discussions with some builders, an option for an appeal of the "no-step" condition has been included. Several options for the appeal have been proposed. She recommended that once the option for an appeal is selected that a "test trial" of six months be entertained. Alderman Besco commented that he felt it would be better to offer builders incentives to provide visitability options because requiring this may cause a hardship for the builders. Alderman Golinski agreed with the incentives and felt that it was unreasonable to require builders to provide these options. He felt while it was well intentioned the ordinance caused problems that could deter custom home builders from building in Yorkville. He stated that he did not agree with the City telling people which door knobs they have to use and he had not spoken with anyone in favor of the ordinance. He also noted that he has researched similar ordinances from other communities and the no-step provision is usually only for public buildings. He also noted other communities have repealed their ordinances Alderman Munns asked for an explanation of the appeals process; how long would the process take. Alderman Spears stated that the appeal process would need to be established in such a way as to process the appeal quickly in order not to delay the sale of a home. Community Development Director Miller explained that three appeal options have been proposed (1 . the City Council is the appeals board, 2. an appeals board is established as a final decision making body or 3. the City Council is the final decision-making body after a recommendation from the appeals board). Alderman Munns indicated that he would like to know how long the appeal process would take before he voted on the ordinance. Director Miller indicated that the process would be similar to a zoning appeal and the length of time would be dependant on case load, deadline for the request, meeting schedules, etc. Director Miller clarified that the appeal clause is for the entire ordinance not just for the "no-step" provision because builders have also expressed concern with the electrical panel requirements. Alderman Spears indicated she thought the appeal was only for the "no-step' provision. Code Official Barb Dettmer apologized; she misunderstood the direction for the ordinance and drafted the appeal process to cover the entire ordinance. She questioned having an "appeal list" because it could make the ordinance conflicting and confusing. There was some discussion regarding the placement of the electrical panel in a house and Code Official Barb Dettmer explained that it is against the City's codes to place a panel in a closet or bathroom; the electrical panel has to be in a clear, easily accessible location. Also discussed was using the garage entrance as the no-step entrance which Mrs. Dettmer indicated was also a code violation. Alderman Spears noted that developers have requested another meeting to discuss the ordinance. She suggested that the Council pick an appeal process and then hold the requested meeting. After some discussion it was decided to bring this item back to the next COW meeting for fine tuning and then schedule a meeting with builders before approving the ordinance. Builders present at the meeting unanimously supported a meeting. This item will be placed on the July 24, 2007 COW agenda. Page 3 of 4 PARK BOARD PKBD 2007-16 Whispering Meadows Park Construction Bid Results Park & Recreation Director Mogle provided a breakdown of the four bids received for the construction of the park. Bids for the construction of a BMX track were extremely high due to the removal of dirt. Staff has recommended dropping this alternative from the bidding and exploring other means of construction that are less expensive. With the removal of this alternative, L.J. Dodd was the low bidder and staff recommends awarding the contract for construction to them in the amount of $333,880.00. This item was placed on the July 10, 2007 City Council agenda. PKBD 2007-17 Hiding Spot Park Equipment Purchase Director Mogle reported that five manufacturer's submitted proposals. Gametime, Inc. submitted the lowest proposal with an opportunity for the City to receive double the amount of equipment for $30,000.00. The product line they propose to use is currently not on the market so this park will be the first of its kind. The manufacturer is looking for a location to install the equipment to use in their brochures. This project will also be done as a "Community Build" on Saturday, August 18, 2007. Park staff, community volunteers and manufacturer representatives will install the equipment thus saving the City approximately $23,000.00. Staff recommends awarding the contract to Gametime, Inc. in the amount of $30,000.00. Alderman Munns questioned the maintenance on the equipment. Director Mogle explained that the Parks Department has certified playground inspectors who make weekly inspections of all playground equipment. He stated that the useful life of the equipment is twelve to fifteen years with low maintenance in the early years of the life span. Alderman Munns questioned the cost of maintenance and Director Mogle explained that in the past a per acre cost was used however this is not accurate. The Parks Department is currently working on worksheets for each park which hopefully will provide more detailed numbers for the cost of maintenance. He indicated that this will take several month of use before these figures can be developed. This item was placed on the July 10, 2007 City Council agenda. PUBLIC WORKS COMMITTEE COW 2 00 7-10 Route 34/Sycamore Road Traffic Signal The proposal in the amount of $24235.15 is for the design of a temporary span light which will be installed at the intersection for up to a one year period. This time frame will allow the developer of Rob Roy Falls time to design a four-legged intersection. Alderman Munns questioned if there was a deadline for when the Smith Engineering study would be completed and equipment ordered. Interim City Administrator Olson indicated that he was trying to get clarification from the developer as to their role in the intersection. Equipment cannot be ordered until any study is completed. City Engineer Wywrot explained that it takes 30- 60 days to have the plan completed and submitted to IDOT for approval. Once the plans are approved, IDOT issues a permit and then equipment is ordered. Alderman Munns asked if a time frame of 30-60 days could be included in the contract and Attorney Roth indicated that if this was a realistic request it could be added. Page 4 of 4 Alderman Munns asked if RFP's were received from other firms and Mr. Wywrot indicated they were not as Smith Engineering is the City's traffic consultant. Going out for RFP's would have slowed the process down. Alderman Spears asked when an agreement from Rob Roy Falls would be expected and Attorney Roth indicated that he expressed the City's urgency in getting the matter done. He spoke with the developer's representative, Tony Graff, and asked for a letter of understanding but it has not been received yet. This item was placed on the July 10, 2007 City Council agenda. PUBLIC SAFETY COMMITTEE No report ADMINISTRATION COMMITTEE No report. CITY COUNCIL REOUESTS COW 2007-I1 Governing Ordinance Amendment — Committee Rosters: Chairman/Vice- Chairman Selection Process Interim City Administrator Olson explained that the purpose of this amendment is to clarify the chairman/vice-chairman selection system. The system described in the amendment is the one that was used this year. Aldermen with seniority have the first pick of what chairmanship they want with those with less seniority choosing vice-chairmanships. There was a brief discussion regarding the current committees and it was determined that Alderman Plocher would be the vice-chair of the Public Works Committee and Alderman Sutcliff would be vice-chair of the Public Safety Committee. This item was placed on the July 10, 2007 City Council agenda. ADDITIONAL BUSINESS Sunny Valley Farms Alderman Plocher asked if the City has met with representatives of Sunny Valley Farms and Attorney Roth stated that he had a positive discussion with their representatives about a multi- party contribution. He indicated things are underway but nothing has been agreed to. Metropolitan Mayor's Caucus Mayor Burd reported that she attended the Metropolitan Mayor's Caucus in Chicago. Topics discussed were the amount of foreclosures in the area and making metropolitan Chicago the "greenest region". She stated that Yorkville has applied to be a Bronze community in the greenest region program and suggested that a tree planting ordinance be developed. She asked Alderman Besco and the Public Works Committee to investigate this. There was no further additional business. The meeting was adjourned at 8: 10 P.M. Minutes submitted by Jackie Milschewski, City Clerk Agenda Item Number Bill payments for approval Tracking Number This page serves as a placeholder for the draft document Bill List , which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/gov mtgs minutes.cfm `,QED Clp` EW.. 4E ' y` v Agenda Item Number Mayor#1 Tracking Number EDC 2007-28 This page serves as a placeholder for the draft document In-Town Road Projeram (Phase 2 Streets) — Chanze Orders Nos. I & 2, which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm `,QED C/T6 J O EU, 16M L; � y CCE % Agenda Item Number City Council#1 Tracking Number COW 2007-12 This page serves as a placeholder for the draft document Amended and Restated Governing Ordinance, which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm C j p` 2 . O 0 of T EST. '; _ 1836 ' <`°E` `�y` Agenda Item Number Public Safety#1 Tracking Number PS 2007-10 This page serves as a placeholder for the draft document Ordinance Prohibiting Left Turns at Rt. 47 & Hydraulic and Rt. 47 & River, which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgS minutes.cfm �gD cl)J 2� O 6ST - 1836 <GE t�Y� Agenda Item Number Admin#1 Tracking Number ADM 2007-48 This page serves as a placeholder for the draft document Monthly Treasurer's Report, which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, hqp://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm ire o CIP T ESS � 1636 SCE �v�` Agenda Item Number Admin#2 Tracking Number ADM 2007-54 This page serves as a placeholder for the draft document Ordinance Amending Sections 3-3-4 and 3-3-16 of Chapter 3 of Title 3 of Yorkville City Code, which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ o�gs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ o�gs minutes.cfm \ED CITY 2� O EST, , IBM <GE \bye Agenda Item Number Admin#3 Tracking Number ADM 2007-55 This page serves as a placeholder for the draft document Resolution Amending Employee Manual Reeardin� Verification of Employee Driver's Licenses. which was included in the July 24, 2007 COW packet. Please contact the Clerk's office at 630-553-4350 during normal business hours if you would like to view the document, or please use the City website to download the above listed packet. Packets on the website are kept in their entirety for a minimum of one month on the "Agendas" page, http://www.yorkville.il.us/ og v mtgs agendas.cfm and indefinitely on the "Minutes" page, http://www.yorkville.il.us/ og v mtgs minutes.cfm 2 I O dB�T EST.. �L<te YX