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Committee of the Whole Packet 2007 06-19-07 ®�0�_o % ® United City of Yorkville 800 Game Farm Road EST. � 1836 Yorkville, Illinois 60560 `\\ Telephone: 630-553-4350 ®� p Fax: 630-553-7575 rcMmncwq ®,� AGENDA ECONOMIC DEVELOPMENT COMMITTEE PUBLIC WORKS COMMITTEE COMMITTEE OF THE WHOLE Tuesday, June 19, 2007 7:00 p.m. City Council Chambers Public Hearing: None Presentation: 1 . Shamrock Farms — Concept Plan 2. Hearthwood Farm — Concept Plan 3 . GIS Presentation 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 3 . EDC 2007-22 Yorkville Market Square PUD Amendment 4. PC 2007- 17 Wynstone Townhomes — Restated and Amended Annexation Agreement 5 . PC 2007- 13 Yorkville Congregational Church — Variance Request to Allow Electronic Message Board 6. PC 2007- 18 Saratoga Homes — Sign Variance Request 7. EDC 2007- 10 Visitability Code Public Works Committee: 1 . PW 2007-83 Water Department Report for March 2007 2. PW 2007-84 Water Department Report for April 2007 3 . PW 2007-85 Raymond Storm Sewer Outfall — Change Order #4 Page 2 Committee of the Whole June 19, 2007 Public Works Committee (con't) : 4. PW 2007-86 In-Town Road Program (Phase 2 Utilities) — Change Order # 1 5 . PW 2007-87 Kendall Marketplace — IDOT Letter of Understanding for Rt. 34 Improvements 6. PW 2007-88 US 34 & Sycamore Road Traffic Signal — Design Proposal and MFT Resolution 7. PW 2007-89 Rush-Copley Temporary Easement Agreement 8. PW 2007-90 Raging Waves Letter of Credit Release 9. PW 2007-91 Fox Hill Unit 7 — Letter of Credit Reduction #3 10. PW 2007-92 Grande Reserve Unit 19 — Letter of Credit Expiration 11 . PW 2007-93 Gawne Lane Watermain and Roadway Improvements — Bid Results Detail Board Report (Bill List): Park Board: 1 . PKBD 2007- 12 Parks and Recreation Master Plan Update - Trails 2. PKBD 2007- 13 Grande Reserve Park "A" Conceptual Design 3 . PKBD 2007- 14 Moser Property Service Extension 4. PKBD 2007- 15 Parks and Recreation Public Survey City Council Requests: 1 . COW 2007-04 Discuss Governing Ordinance Mayor: 1 . COW 2007-06 Kendall County Paratransit Letter of Commitment 2. COW 2007-07 An Ordinance Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 3 . Sugar Grove Boundary Discussion City Clerk: 1 . COW 2007-08 Prevailing Wage Ordinance Page 3 Committee of the Whole June 19, 2007 Executive Session: 1 . Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. Additional Business: UNITED CITY OF YORKVILLE AGENDA Economic Development Committee Public Works Committee COMMITTEE OF THE WHOLE Tuesday, June 19, 2007 7:00 PM CITY COUNCIL CHAMBERS PUBLIC HEARING: 1 . None PRESENTATION: 1 . Shamrock Farms — Concept Plan 2. Hearthwood Farm — Concept Plan 3 . GIS Presentation 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 3 . EDC 2007-22 Yorkville Market Square PUD Amendment 4. PC 2007-17 Wynstone Development PUD Amendment 5. PC 2007- 13 Yorkville Congregational Church — Variance Request to Allow Electronic Message Board 6. PC 2007-13 Saratoga Homes — Sign Variance Request 7. EDC 2007-10 Visitability Code PUBLIC WORKS COMMITTEE: 1 . PW 2007-83 Water Department Report for March 2007 2. PW 2007-84 Water Department Report for April 2007 3 . PW 2007-85 Raymond Storm Sewer Outfall — Change Order #4 4. PW 2007-86 In-Town Road Program (Phase 2 Utilities) — Change Order #1 5. PW 2007-87 Kendall Marketplace — IDOT Letter of Understanding for Rt. 34 Improvements 6. PW 2007-88 US 34 & Sycamore Road Traffic Signal — Design Proposal and MFT Resolution 7. PW 2007-89 Rush-Copley Temporary Easement Agreement 8. PW 2007-90 Raging Waves Letter of Credit Release 9. PW 2007-91 Fox Hill Unit 7 — Letter of Credit Reduction #3 10. PW 2007-92 Grande Reserve Unit 19 — Letter of Credit Expiration 11 . PW 2007-93 Gawne Lane Watermain and Roadway Improvements — Bid Results DETAIL BOARD REPORT BILL LIST): PARK BOARD: 1 . PKBD 2007- 12 Parks and Recreation Master Plan Update - Trails 2. PKBD 2007- 13 Grande Reserve Park "A" Conceptual Design 3 . PKBD 2007-14 Moser Property Service Extension 4. PKBD 2007- 15 Parks and Recreation Public Survey CITY COUNCIL REQUESTS: 1 . COW 2007-04 Discuss Governing Ordinance MAYOR: 1 . COW 2007-06 Kendall County Paratransit Letter of Commitment 2. COW 2007-07 An Ordinance Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 3 . Sugar Grove Boundary Discussion CITY CLERK: 1 . COW 2007-08 Prevailing Wage Ordinance ADDITIONAL BUSINESS: `QED C/Tt. Reviewed By: Agenda Item Number J2 Legal ❑ Finance ❑ �I'1 , t 6�, l1 iTlC,fv' EST. 1836 _ Engineer ❑ < N City Administrator ❑ Tracking Number Consultant ❑ Human Resources PC 2007-20 ❑ City Council Agenda Item Summary Memo Title: Shamrock Farms—Concept Plan Presentation City Council/COW Agenda Date: June 19, 2007 Synopsis: Petitioner will present concept plan for EDC input—no action is required Council Action Previously Taken: Date of Action: None Action Taken: N/A Item Number: Type of Vote Required: None Council Action Requested: Input only Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Prior to EDC presentation,petitioner has presented to the Park Board and the Plan Commission. Following gathering of input, petitioner can apply for annexation and zoning of property—this will most likely proceed as a Concept PUD. _ o United City of Yorkville Memo " 800 Game Farm Road EST. " _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o �m Fax: 630-553-3436 r Date: June 11 , 2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering, Deputy Clerk (for distribution) Subject: Shamrock Farms — Concept Plan Request This petition is for concept plan review and input only. No action is required at this time. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan recommends a mix of uses for this property/area including: Commercial — The western portion of the property (along Route 47) falls within the commercial use recommended for the Route 47/Caton Farm intersection. Office/Research/Industrial — Also within the O/R/l use recommended for 47/Caton Farm intersection. Transitional Neighborhood — The eastern portion of the property. Park/Open Space — a branch of the Aux Sable Creek runs from northwest to southeast across this property. The Comprehensive Plan recommends Penman Road extend south of Walker Road with the alignment to be near the eastern boundary of this property. Transitional Neighborhood is defined as areas to "establish a medium-density residential setting that includes a mix of residential uses within master planned communities". The Comprehensive Plan recommends "requirements related to aesthetics and compatibility" be contained in ordinances relating to townhome complexes in Transitional Neighborhood areas and suggests these requirements address masonry, setbacks, site amenities (including landscaping and open space) and provisions for covered and enclosed parking spaces. Concept Plan Comments 1 . Density: a. Proposed density is 3.5 units per acre — Transitional Neighborhood recommendation is 2.25 — 3.5 units per acre. Staff will recommend architectural standards be included in the annexation agreement and concept PUD plan to ensure a high quality as well as a unified theme/design throughout this planned development. 2. The Park Board reviewed the concept plan May 24, 2007 and requested a +/- 5 acre park dedication near the north of the property adjacent to the property line to allow for future expansion to the north. It was suggested that the two `commons' areas could be combined to provide this acreage or the `bioswale/open space/wildlife corridor could be expanded to include an area dedicated for active recreational uses (to the north). 3 . The land use mix and location of each land use type on the proposed plan is consistent with the Comprehensive Plan recommendations. Also note: Attached Joe Wywrot review memo — May 1 , 2007 �1��p Cor® United City of Yorkville Memo Z) ° b " 800 Game Farm Road EST. I-__ : 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 w Fax: 630-553-3436 L'<tE ®v` Date: May 1 , 2007 To: Bart Olson, Assistant City Administrator From: Joe Wywrot, City Engineer CC: Travis Miller, Community Development Director Subject: Shamrock Farms — Concept Plan I have reviewed the proposed concept plan for the referenced development, dated 4/27/07, and have the following comments: • The property consists of approximately 127 acres, and is located on the east side of Route 47 between Walker Road and Caton Farm Road. The north edge of the property is about 1300 feet south of Walker Road. The south edge of the property is located about 1600 feet north of Caton Farm Road. The property is not currently contiguous to Yorkville. • The property is located directly across Route 47 from Neighborhoods 11 and 12 of the Yorkville South development proposed by MPI. Neighborhood 11 is proposed to be multi-family residential, and Neighborhood 12 is proposed to be residential courthomes. • The proposed connections to Route 47 at the north and south ends of the property appear to align with roadways proposed by Yorkville South. Both locations would have traffic signals. With a traffic signal at the north entrance to the development, we should encourage a more direct connection from that roadway to the property to the north. • Penman Road does not currently exist south of Walker Road. The Transportation Planning Report prepared by Smith Engineering for the city in 2003 recommends extending Penman south to Caton Farm Road, although at a location somewhat east of that shown on the concept plan. • Roadways should have a minimum horizontal centerline radius of 100 feet in single-family areas and 150 feet in multi-family areas. • The proposed frontage at the south end of the site should intersect the east-west road at a right angle. The proposed frontage road at the north end of the site needs to be evaluated in more detail due to the location of the proposed adjacent private alley. • The roadway along the south side of the development is identified as a future road extension. This roadway should be constructed as part of this development. • Right-of-way dedication will likely be required along Route 47. • Water and sanitary sewer for this development should be coordinated with the Yorkville South development. The Yorkville-Bristol Sanitary District would need to expand their facility planning area to include this property. • This property is tributary to the Aux Sable Creek, therefore stormwater detention will need to be sized based on a 100-year release rate of 0. 10 cfs/acre. If you have any questions regarding these comments, please see me. Walker Roaa N SR¢Dnta ResiDaxtia( site D.f Retail ® unite Tataf square Footage 96p.. Visibr ParLixg(i5 p-, ®� JJUn[— s sow uup4 M..is T.Uf?aniy s mls ao safs o' 150' 3 co, e{.SiKgv Faxuly 44 units Parkiq tcatio 333—N-4 ®ea,aoo a[singfe FMM&--M uxim Total Rewl Area t 4-1- Tnla1 Uxis 396 units S¢Q(FSnnre xuoD I Gnxu¢iox ¢Itt Feet Tutnl Reddextial Ares nevsin� g50 D.0/acre 2199.81 l- I 4 a[re Commons l a Uecenn l - emsw fe/openapace:wifdL(cmr'dv� '"'�� o � i i.dum.�aerva�w � _ ate lime )7 � { i �I I rnala, 1 y, S e 3anaa oAJaa 3�—+P a tj I , I L J~ llel nIiOM1 � _ wdme v: 1 D. la lnn Future Roaa Extension I - �I I � I � Conceptual Site Pf an j Mixed use Neighborhood j Yorkville,Illinois _ — - - - - - Caton Parni Roaa - - - - -� o I , MPI - Yorkville South ` k --' � / I _ /, =� WALKER RD. 11 I s •_- ■s MEE r Reviewed By: Agenda Item Number J R o Q T Legal ❑ .E �11 �C9Y� #off esr. leas Finance ❑ Engineer ❑ City Administrator ❑ Tracking Number �9 20 Consultant ❑ \Vy Human Resources El PC 2007-21 <CE City Council Agenda Item Summary Memo Title.. Hearthwood Farm—Concept Plan Presentation City Council/COW Agenda Date: June 19, 2007 Synopsis: Petitioner will present concept plan for EDC input—no action is required Council Action Previously Taken: Date of Action: None Action Taken: N/A Item Number: Type of Vote Required: None Council Action Requested: Input only Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Prior to EDC presentation,petitioner has presented to the Park Board and the Plan Commission. Following gathering of input,petitioner can apply for annexation and zoning of property—this will most likely proceed as a Concept PUD. ® ,.�® United City of Yorkville Memo 800 Game Farm Road EST`J', ¢ . � 1836 Yorkville, Illinois 60560 W Telephone: 630-553-8545 o Fax: 630-553-3436 te e4v® Date: June 11 , 2007 To: EDC/COW From: Travis Miller, Community Development Director CC: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC 2007-21 Hearthwood Farms — Concept Plan Request This petition is for concept plan review and input only. No action is required at this time. Background • This property is within the Yorkville planning area defined by the Comprehensive Plan. • This property is currently not contiguous to Yorkville. • The Village of Montgomery has approved an annexation agreement with the petitioner for this property, however, this agreement has not been executed or recorded. • The Raymond Regional Detention area (part of the Bristol Bay PUD Plan south of Galena Road) was designed to accommodate the stormwater from this property. Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan recommends Suburban Neighborhood land use for the area this property is within. The Comprehensive Plan recommends an east-west road through the mid-portion of this property. Concord Drive east of Dickson Road is near this proposed east-west alignment. Suburban Neighborhood is defined as areas to be "primarily comprised of single family detached residences". Concept Plan Comments 1 . Density: a. Proposed density is 3 .9 units per acre — Suburban Neighborhood recommendation is 1 .50 - 2.25 units per acre 2. The Park Board reviewed the concept plan May 24, 2007 and requested a 4-6 acre park dedication near the west of the property adjacent to the property line to allow for future expansion to the west. 3. The School District has reviewed the concept plan and is requesting cash in lieu of land for this development. Also note the attached staff review memos: Joe Wywrot review memo — May 1 , 2007 Bill Dunn review memo — June 6, 2007 Laura Haake review memo — May 4, 2007 =`4,51) cir o United City of Yorkville Memo 0 � " 800 Game Farm Road EST. �, �•`• __ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 �® 1 Fax: 630-553-3436 Date: May 1 , 2007 To: Bart Olson, Assistant City Administrator From: Joe Wywrot, City Engineer CC: Travis Miller, Community Development Director Subject: Hearthwood Farms — Concept Plan I have reviewed the proposed concept plan for the referenced development, dated 4/25/07, and have the following comments: • The property consists of approximately 75 acres, and is located on the west side of Dickson Road immediately south of the Com Ed right-of-way. The property is not currently contiguous to Yorkville. • Bristol Bay Drive in the Bristol Bay development aligns roughly with Concord Drive. When the intervening property between Bristol Bay and Hearthwood Farms develops that roadway can be aligned to match both developments. • The property currently proposes only one entrance off Dickson Road. A second entrance should be provided. • Dickson Road along this property's frontage is within the Montgomery corporate limits. Connection to and improvements to Dickson Road should be coordinated with the Village of Montgomery. • At least one roadway should be stubbed to both the north and south for future extensions. • This property can be served by the Raymond Regional detention facility. Offsite swales and/or storm sewers would be required. • This property is located within the Fox Metro facility planning area, and would be served by the Dickson Road Interceptor. • One source of water supply would be from Bristol Bay Drive. The large drainage Swale along the east side of the Bristol Bay development would make another connection to the west difficult. Looping to the south might not be possible because much of that area is annexed to Montgomery. A watermain should be required to extend north along or parallel to Dickson Road, for eventual extension west along Route 30 where it would loop back into the city's water system. If you have any questions regarding these comments, please see me. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 / 466.9350 PAX: 6301466-9380 www.eeiweb.com Engineering Enterprises, June 6, 2007 Inc. Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Hearthwood Farms (Zausa Development Corporation) Concept Plan United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following item submitted for review in connection with the above referenced residential development: • Concept Plan for "Hearthwood Farms" prepared by Wendler Engineering Services, Inc. consisting of one (1 ) sheet dated April 25, 2007. We offer the following comments: 1 . The concept plan generally complies with the City's Comprehensive plan. 2. The development lies within the Fox Metro Water Reclamation District's (FMWRD) Facilities Planning Area and as such would receive sanitary service from the FMWRD, pending their approval. 3. One source of potable water is currently available at the east limit of Bristol Bay Drive via an existing 16-inch water main stubbed out for future connection. A second source of water should be identified from a second connection into Bristol Bay Subdivision or from a future connection into the Schramm property. 4. It is notable that no stormwater detention facilities are included on site in this development. Pre-submittal discussions with City staff identified this property as a candidate for participation in the Raymond Regional Stormwater Basin. The development would need to convey their stormwater to the large bio-swale along the east boundary of the Bristol Bay and participation would be paid for on a fee-in-lieu basis at a per acre-foot cost to be determined by the City. 5. It is noted that this development would only have one point of access for 291 Consulting Engineers Specializing in Civil Engineering and Land Surveying dwelling units until such time as the property to the west of Hearthwood Farms develops. 6. The Comprehensive Plan would suggest Concord Drive being a bit more curvilinear running towards the northwest. This alignment and the general rectilinear design of the subdivision should be discussed at the staff level. 7. Currently, this development site is not contiguous to the United City of Yorkville. CONCLUSION We appreciate the opportunity to provide comments regarding this development and look forward to being part of the review process. If you have any questions regarding the above or require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager PC: Mr. Bart Olson, Assistant City Administrator Mr. Travis Miller, Community Development Director Mr; Charley Wunder, Urban Planner JWF - EEI G1PublicWorkvil1e\2007\Y00702 Hearthwood Par (Zausa Dev. Corp.)MoOlwywroll Concept.doc cir o United City of Yorkville Memo 4 ��� " 800 Game Farm Road EST. ,- li __ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 p° Fax: 630-553-3436 ®2 ctE lU� Date: May 4, 2007 To: Travis Miller, Dave Mogle From: Laura Haake CC: Subject: Heartwood Farms According to the Village of Montgomery 2006 Bicycle and Pedestrian Path Plan, an approved 10' asphalt path will be located on the south side of the existing Concord Drive in Montgomery. This 10' path shall be continued along through the Heartwood Farms development. The surrounding area, where not zoned residential, requires a thirty foot (30') buffer yard with plantings as indicated in the Landscape Ordinance #2006-136. In addition, a buffer yard is required next to Dickson Road as this will be an arterial road. The thirty foot (30') buffer yard will require a (3 ') berm with landscaping. Hearthwood Farm � r I It:' ri 114000�./�— qq J1 i' ! Ile 2 - _ III' f � . 1 _ .BURN I1n41 x. — I w uo v 4ux , � � I mFrls�xaxF�LCE Cra4Rllov SusL4 Pea _ y � .3 ��� u.eFimemxwRrvovo »o on rFl � _ �B iM01!'9NM1L IrtIdBBP11WB MtlM rAP L I � \ ", � VFP1FRpM1L I.NbO PEP \-.s-e—– I�IWSiRIAI Isl. ah I ' ,. � PICRMePMCN.IrIWf1PIFt 6140 I IS _ PVRLCeVFB4PUBlp� 1850 IiY • .1:60 P%�]11116pMBiR MdMEBPOPB9 PRryO5P0 eLFMU 410 FREA MVMARY S6iLFlEPMflIAipHAPEA i6P - " 1 "P It" \1r r. 1:1.1(_. PoiENI Ef10 BBNIMPYPfAEEMEM Y.SI1 SI WY II.. Id 14e0 1 W p{ o The United City f Yorkville R 1 Y Atl REVISED SEPTEMBER ID IDe2 eoo Game Faun Rd COMPREHENSIVE PLAN uevlsm ews Yorkville,It 60530 UNITED CITY OF YORKVILLE 530-553-0350 eLINCIS ..x.4.v�...r:;,B,..,..,, Imp....,..,,•.•,.•.,. a � �IIIIIIIII vlari F q r r q.r^te:.�� k; :� a�e,>,,-;nk�i r- :.w z. r , i-,?� s- xs:.« "' �=' P I • . I , eo-r E a -wt ah rCaa'•.-,CN 2�+Bmreris <z;« ,..,. : }:„ :;.»' Y. w i^ a ,,1 IV Ss `I... Monsoon 111111 m!Em Bl.d * .G`ID _')%S AA° 5r mTmIP P ' F✓/ t rGyr i} IV a, tl I u rF r awl small solums v �i ad d�41m P 4t"d :dA Pf PF:d * �y. s � p iF n n mfl : ® w t.2• 3 ommus I XI - M ME v9. s NINE � _ e a 6 ME Hong molum i L n rasgS,Zrf �k IV, f r 9 � . „ ,:s„ , „,�, fi� `;�� s . .,. sY� >r. a-`its' ts-�& . r' ;,. '"Ga^�" ^-.,-_. :.u. �,l , r_.,.��. ,•. �� + -: � .a-�' ,m., ..� r- .:_' ";-�.r� .,z,' "�' ,r �, :>"v ,. ,- ... ., . ., t;��fi s '^ �' "re T"L v*j1 -� 5� .-r:,:, ,r a .. ""�z" r-�s• r 7 yB. -•cz� v .� . .: � � . ., _ r �� Y �rj.� rri°i`h . � ,'G. . ys.�l. �, .X : .. ,-r ' - +l .,p •.ai .� Y _ u:' . r } 3 '' .? n � � ..:. � r .. �z t� ...� P $N .? 1 - % ..n.,^}/rF 3r'r e ,l"z� T .?sm f>✓Y E : "w f .. < �- x 2im�si}r2"+4' s- s Yr rr xS fs ,s er-.' `✓ r�n,^ 5 • .,,srrs' 'kY .. ,,�. n , :.,�.:.s r II ,_ �.. ...r a o 0 o e e o 0 0 o e e e e o \lVA- Y Q o Q r W r M N Vl O ? d vMi M M G FH Vf Y3 Vi F9 � � F9 Vi 9 fH C U w F y °v e a o ti m e m tr' � e c m v°0i `a vOOi d N H N ^I N N jC M O O O O O O O O O O O O O O Cut U Q y C o ro F '? fYi C �ry .0 aU s N�� E a H ti N H 'I y � L U � C d - - �C � o 0 4 4 C C/T` Reviewed By: Agenda Item Number Legal ❑ Finance ❑ EST. 7836 Engineer ❑ Tracking umber City Administrator F-1 g �O Consultant ❑ Human Resources ❑ PC 2007-16 City Council Agenda Item Summary Memo Title: Yorkville Crossing Unit 1 (Wal-Mart) Final Plat Request City Council/ COW Agenda Date: June 19, 2007 Synopsis: Request for Final Subdivision Plat approval for 6 Lot Subdivision and Crimson Lane right-of-way dedication from Countryside Parkway to Autumn Creek subdivision. Council Action Previously Taken: Date of Action: August 22, 2006 Action Taken: Preliminary Plan and Plat Approval Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: o United City of Yorkville Memo ' A 800 Game Farm Road ESI 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 CkE % Date: June 11 , 2007 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC 2007-16 Yorkville Crossing Unit 1 Final Plat (Wal-Mart) Background The Plan Commission is scheduled to review and make a recommendation on this request at the June 13, 2007 meeting. The Preliminary Plat and Plan was approved by City Council August 22, 2006. The Final Plat is consistent with the approved Preliminary Plat. Staff Comments Crimson Lane right-of-way dedication is included on this Final Plat. The Crimson Lane improvements will be completed in phases, the first phase will be the segment from Countryside Parkway to the Prairie Pointe Subdivision access point. The Wal-Mart improvement plans include the length to the eastern access point of Lot 1 . The remaining segment(s) will be improved as part of the development plans of Yorkville Crossing are permitted west of Unit 1 . Ultimately Crimson Lane will connect to Autumn Creek Subdivision. The stormwater will be managed offsite by the Yorkville Crossing infiltration basin north of Crimson Lane. This infiltration basin is part of the Yorkville Crossing subdivision which will be submitted for consideration for approval subsequent to this request. The Engineering Department has confirmed the volumes necessary to accommodate Yorkville Crossings Unit 1 will be available given the size of the current basin (which is currently being excavated and will ultimately be increased to a size of approximately 25 acres). Due to this stormwater flowing into this infiltration basin, Best Management Practices (BMPs) have been requested by staff to be incorporated into the site development plans for Wal-Mart and the other lots within Unit 1 . These BMP's will include perforated storm sewer conveying parking lot run-off to the basin, enlarged parking lot islands housing drainage inlets to allow greater opportunities for vegetation to filter run-off, and catch basin filters. Staff Recommendation Staff recommends approval subject to the following comments: - Addressing all outstanding items identified by the May 22, 2007 review memo prepared by Joe Wywrot (attached) c`r o United City of Yorkville Memo 0 y® � 01% 800 Game Farm Road EST. " _, 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 ve Date: May 22, 2007 To: Charlie Wunder, Urban Planner From: Joe Wywrot, City Engineer CC: Travis Miller, Community Development Director Subject: Yorkville Crossings Unit 1 — Plat of Subdivision I have reviewed the proposed plat of subdivision prepared by Atwell-Hicks and dated 3/29/07 and have the comments listed below. Comments are made only once, but may affect more than one sheet. Sheet 1 • The plat of subdivision should be submitted to IDOT District 3 for review. • Show the existing property lines and easements for the Prairie Pointe subdivision, recorded as Document No. 200600038768 on 11/30/06. • Identify the 30-foot wide sanitary sewer easement along the south side of Crimson Lane as an existing easement. Since this sewer already exists, eliminate reference to the 120-foot temporary construction easement. • Create Lot 7, which would be the conveyance to IDOT for the Route 34 right-of- way. At the two private entrances to the development, Lot 7 should include corner cuts to the end-of-radius of the proposed entrance drives. Label the lot as "To be conveyed to IDOT". • Call for 5-foot wide public utility and drainage easements to be dedicated along the perimeters of Lots 1 -6 (to create a total easement with of 10 feet at common lot lines), with the following exceptions: • Along Countryside Parkway, dedicate an additional 10 feet of PU & DE adjacent to the existing 10-foot easement. • Dedicate an additional 15-foot PU & DE along the south side of the existing 30-foot sanitary sewer easement. Where the 30-foot easement cuts across Crimson Lane near Countryside Parkway and also near Autumn Creek, this 15-foot easement would extend to and then hug the Crimson Lane right-of-way line the rest of the way to Countryside Parkway and Autumn Creek. • Revise the dimensions of the 100-foot drainage easement vacation to exclude the area within 20 feet of the Countryside Parkway right-of-way. • A 15-foot public utility and drainage easement should be dedicated along the north side of the Crimson lane right-of-way line (from Prairie Pointe to Autumn Creek) for the proposed AT&T duct as well as other utilities shown on the Crimson Lane plans. Projections of this easement to the north should also be provided per the Crimson Lane plans. • Revise the PU & DE along the new Route 34 frontage to be 30 feet wide to accommodate the new sanitary sewer alignment. The balance of this easement may be used for a future storm sewer. The geometry of this easement would vary near Countryside Parkway to accommodate the bend in the sanitary sewer alignment. • Show a 15-foot wide pedestrian and bike trail easement immediately adjacent to the new Route 34 right-of-way line. The easement would overlap the PU & DE. • This development has specific stormwater best management practices incorporated into its design. Atwell-Hicks has submitted a Stormwater Maintenance and Management Plan for review. We need to determine if and/or how this management plan should be referenced on the plat. Sheet 2 • Show the existing Crimson Lane right-of-way line that was recorded as part of Autumn Creek Unit 1 as Document #200600000144 on 1/3/06. Sheet 3 • The storm sewers that drain private property in this development are to be owned and maintained privately. Easements are not to be recorded over them. • The only public sanitary sewer is the section along Route 34 that serves Lots 3-6. Revise the sanitary easement detail accordingly. • Revise the watermain easement detail to conform to the revised watermain alignment. Sheet 4 • Fill in the appropriate information in the Owner's Certificate. • Delete the Superintendent of Highways certificate, which appears to be related to county highways, and replace it with an IDOT approval certificate. • Add the attached language for Pedestrian and Bike Trail Easement. • The legal description varies from the plat at many locations. Review and revise accordingly. Please forward this information on to the developer. If you have questions regarding any of these comments, please see me. EASEMENT PROVISIONS A NON-EXCLUSIVE EASEMENT FOR SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATION SERVICE IS HEREBY RESERVED FOR AND GRANTED TO COMMONWEALTH EDISON COMPANY, AMERITECH ILLINOIS a.k.a. ILLINOIS BELL TELEPHONE COMPANY, GRANTEES, THEIR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY TO CONSTRUCT, OPERATE, REPAIR, MAINTAIN, MODIFY, RECONSTRUCT, REPLACE, SUPPLEMENT, RELOCATE AND REMOVE, FROM TIME TO TIME, POLES, GUYS, ANCHORS, WIRES, CABLES, CONDUITS, MANHOLES, TRANSFORMERS, PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION WITH UNDERGROUND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNALS IN, OVER, UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DASHED OR DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC UTILITY EASEMENT', "P.U.E:' (or similar designation), THE PROPERTY DESIGNATED IN THE DECLARATION OF CONDOMINIUM AND/OR ON THIS PLAT AS "COMMON ELEMENTS" AND THE PROPERTY DESIGNATED ON THE PLAT AS "COMMON AREA OR AREAS", AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND ALLEYS, WHETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR AREAS TO SERVE IMPROVEMENTS THEREON, OR ON ADJACENT LOTS, AND COMMON AREA OR AREAS, THE RIGHT TO CUT, TRIM OR REMOVE TREES, BUSHES, ROOTS, SAPLINGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. PRIVATE OBSTRUCTIONS SHALL NOT BE PLACED OVER GRANTEES' FACILITIES OR IN, UPON OR OVER THE PROPERTY WITHIN THE DASHED OR DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC UTILITY EASEMENT", "P.U.E." (or similar designation), WITHOUT THE PRIOR WRITTEN CONSENT OF THE GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. THE TERM "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN THE "CONDOMINIUM PROPERTY ACT , CHAPTER 765 ILCS 605/2, AS AMENDED FROM TIME TO TIME. THE TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT, PARCEL OR AREA OF THE REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN APPORTIONMENT TO THE SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH MAY BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS "OUTLOTS", "COMMON ELEMENTS", "OPEN SPACE", "OPEN AREA", "COMMON GROUND", "PARKING", AND "COMMON AREA". THE TERMS "COMMON AREA OR AREAS" AND "COMMON ELEMENTS" INCLUDE REAL PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL, RETENTION POND OR MECHANICAL EQUIPMENT. RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF THE GRANTOR/LOT OWNER, UPON WRITTEN REQUEST. UNITED CITY OF YORKVILLE EASEMENT PROVISIONS PUBLIC UTILITY AND DRAINAGE EASEMENT A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YORKVILLE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER, STORM SEWERS, SANITARY SEWERS, GAS, ELECTRICITY, TELEPHONE, CABLE TELEVISION LINES, AND ALL NECESSARY APPURTENANT FACILITIES THERETO, WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT", TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. THE UNITED CITY OF YORKVILLE, AND ITS AGENTS, SUCCESSORS AND ASSIGNS MAY PERMIT HOLDERS OF EXISTING FRANCHISES WITH THE CITY TO OCCUPY SAID EASEMENTS, SAID HOLDERS BEING BOUND BY THE TERMS DESCRIBED IN THESE EASEMENT PROVISIONS. THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS 'PUBLIC UTILITY AND DRAINAGE EASEMENT' WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO. NO PERMANENT BUILDINGS, STRUCTURES, OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS 'PUBLIC UTILITY & DRAINAGE EASEMENT", BUT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED. THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES FOR WHICH SUCH EASEMENTS ARE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO SURFACE RESTORATION, INCLUDING BUT NOT LIMITED TO, THE RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY ASPHALT OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. STORMWATER MANAGEMENT EASEMENT PROVISIONS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YORKVILLE AND TO ITS SUCCESSORS AND ASSIGNS, OVER ALL OF THE AREAS MARKED "STORMWATER MANAGEMENT EASEMENT" (abbreviated S.M.E.) ON THE PLAT FOR THE PERPETUAL RIGHT, PRIVILEGE, AND AUTHORITY TO SURVEY, CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN AND OPERATE STORM SEWERS AND THE STORMWATER MANAGEMENT AREA, TOGETHER WITH ANY AND ALL NECESSARY MANHOLES, CATCH BASINS, SANITARY SEWERS, WATER MAINS, ELECTRIC AND COMMUNICATION CABLES, CONNECTIONS, DITCHES, SWALES, AND OTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID CITY, OVER, UPON, ALONG, UNDER AND THROUGH SAID INDICATED EASEMENT, TOGETHER WITH THE RIGHT OF ACCESS ACROSS THE PROPERTY FOR NECESSARY MEN AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. THE RIGHT IS ALSO GRANTED TO CUT DOWN, TRIM OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS ON THE EASEMENT THAT INTERFERE WITH THE OPERATION OF SEWERS OR OTHER UTILITIES. NO PERMANENT BUILDINGS SHALL BE PLACED ON SAID EASEMENT. NO CHANGE TO THE TOPOGRAPHY OR STORMWATER MANAGEMENT STRUCTURES WITHIN THE EASEMENT AREA SHALL BE MADE WITHOUT EXPRESS WRITTEN CONSENT OF THE CITY ENGINEER, BUT SAME MAY BE USED FOR PURPOSES THAT DO NOT THEN OR LATER INTERFERE WITH THE AFORESAID USES OR RIGHTS. THE OWNER OF THE PROPERTY SHALL REMAIN RESPONSIBLE FOR THE MAINTENANCE OF THE STORMWATER MANAGEMENT AREA AND APPURTENANCES. THE UNITED CITY OF YORKVILLE WILL PERFORM ONLY EMERGENCY PROCEDURES AS DEEMED NECESSARY BY THE CITY ENGINEER OF THE UNITED CITY OF YORKVILLE. PEDESTRIAN AND BIKE TRAIL EASEMENT PROVISIONS THE UNITED CITY OF YORKVILLE, ITS SUCCESSORS, LICENSEES AND ASSIGNS, ARE HEREBY GIVEN EASEMENT RIGHTS OVER ALL AREAS ON THE PLAT MARKED "PEDESTRIAN EASEMENT", "BIKE TRAIL EASEMENT", "PEDESTRIAN AND BIKE TRAIL EASEMENT" OR "STORMWATER MANAGEMENT EASEMENT", TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, INSPECT, MAINTAIN AND OPERATE PEDESTRIAN AND BICYCLE TRAILS, PAVED OR UNPAVED, FOR THE USE AND ENJOYMENT OF THE GENERAL PUBLIC. THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN THE EASEMENT AREAS HEREIN GRANTED WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, REPLACEMENT, INSPECTION, MAINTENANCE AND OPERATION THEREOF. NO TEMPORARY OR PERMANENT BUILDINGS, STRUCTURES OR OBSTRUCTIONS SHALL BE PLACED ON OR OVER SAID EASEMENTS THAT INTERFERE WITH THE RIGHTS HEREIN GRANTED. LANDSCAPE BUFFER EASEMENT PROVISIONS THE UNITED CITY OF YORKVILLE, ITS SUCCESSORS, LICENSEES AND ASSIGNS, ARE HEREBY GIVEN EASEMENT RIGHTS OVER ALL AREAS ON THE PLAT MARKED "LANDSCAPE BUFFER EASEMENT' TO INSTALL, PLANT, MAINTAIN, INSPECT, REMOVE AND REPLACE TREES, SHRUBS, BUSHES, GRASS, PLANTS, GROUNDCOVERS AND OTHER FORMS OF VEGETATION AND LANDSCAPING FEATURES. NO TEMPORARY OR PERMANENT BUILDINGS, STRUCTURES OR OBSTRUCTIONS SHALL BE PLACED ON OR OVER SAID EASEMENTS NOR SHALL ANY SUCH VEGETATION BE REMOVED, (EXCEPT TO REPLACE DEAD OR DISEASED WITH LIKE WRITTEN AUTHORITY OF THE UNITEED CITY OF YORKVILLE.VEGETATION), WITHOUT THE THE OWNER THE MAINTENANCE OF PROPERTY THE LANDSCAPER BUFFER EASEMENT IB FOR PROPER H AND APPURTENANCES. FUTURE RIGHT OF WAY EASEMENT PROVISIONS THE UNITED CITY OF YORKVILLE, ITS SUCCESSORS, LICENSEES AND ASSIGNS, ARE HEREBY GIVEN EASEMENT RIGHTS OVER ALL AREAS ON THE PLAT MARKED "EASEMENT FOR FUTURE RIGHT OF WAY". THE DEVELOPMENT RIGHTS TO SAID EASEMENT AREA SHALL BE HELD BY THE UNITED CITY OF YORKVILLE FOR THE EXPRESS PURPOSE OF FUTURE CONVEYANCE, BY THE THEN OWNER OF SAID EASEMENT AREA OR PORTION THEREOF, TO THE STATE OF ILLINOIS FOR USE IN CONSTRUCTING ROADWAYS, SIDEWALKS, UTILITIES, LIGHTING, LANDSCAPING AND OTHER PUPOSES GENERALLY APPURTENANT TO HIGHWAYS. SAID EASEMENT AREAS MAY BE USED AS A LANDSCAPE BUFFER UNTIL SUCH TIME AS THE STATE OF ILLINOIS ACCEPTS SAID CONVEYANCE, AT WHICH TIME THE "LANDSCAPE BUFFER EASEMENT' AND ALL RIGHTS PREVIOUSLY GRANTED THEREWITH SHALL BE TERMINATED. 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L s .y� t 4 2 i€ 3 11 I ZI E O Z m (n U) A LL C) Q W J 4 IL L - _ F, LL0 . 4 pl ' I ti. / l L"_ 'r I Y ^ J c.e 1 f, t CI E ®��® Cl ® United City of Yorkville Memo 0 0 800 Game Farm Road EST. �- 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: June 14, 2007 To: Mayor and City Council Cc: Lisa Pickering, Deputy Clerk From: Travis Miller, Community Development Director Subject: Plan Commission Actions June 13, 2007 January 10, 2007 Meeting Minutes — Approved PC 2007-19 Briguglio Annexation (Public Hearing) Motion to continue public hearing to July 11 , 2007 — 6 yes; 0 no PC 2007-16 Yorkville Crossings — Unit 1 Final Plat Motion to recommend approval of Final Plat subject to addressing staff concerns — 6 yes; 0 no 1 C/r` Reviewed By: Agenda Item Number J o ; Legal ❑ EST 1836 Finance El J 1 Engineer ❑ � y City Administrator ❑ Tracking Number Consultant ❑ l E y� Human Resources El E l) (L ")0c)--7 City Council Agenda Item Summary Memo Title: Yorkville Market Square (Progress Holdings,LLC) PUD Agreement Amendment City Council/COW Agenda Date: June 19, 2007 Synopsis: Request to amend a setback on Lot 3 of Yorkville Market Square from 20 feet to 15 feet. This amendment requires amending the current PUD Agreement(approved March 2004) Council Action Previously Taken: Date of Action: February 27, 2007 Action Taken: Approval of Final Plat of Subdivision Item Number: Type of Vote Required: Majority Council Action Requested: Approval of Minor Change to PUD Agreement allowing a 15' building setback on Lot 3 (south lot boundary) Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report United City of Yorkville Memo V ' " 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 <kE N Date: June 12, 2007 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: Yorkville Market Square — PUD Amendment Request Background The Planned Unit Development (PUD) Agreement for Progress Holdings (a.k.a. Yorkville Market Square) was approved March 2004 and recorded April 2004. The Final Plat was approved February 27, 2007 subject to staff comments. Staff had commented at this time a setback required on the Final PUD Plan for Lot 3 was encroached by the building proposed on Lot 3 . Staff recommended compliance with a 20' setback which was established by the PUD agreement for Lot 3 and the Final Plat was approved with a 20' setback depicted. Staff Comments • The petitioner is requesting to amend the PUD Agreement to allow for a 15' building setback along the south property boundary of Lot 3 . (current PUD agreement requires a 20' setback) • The amendment requested would constitute a `Minor Change' as defined by Section 4 of the PUD Agreement (refer to Section 4.A.ii, page 10 of attached agreement) • The procedure for a Minor Change approval, as described by the PUD agreement, requires City Council majority (refer to Section 4.B.ii, page 11 of the attached agreement) Mk Niffi g to jiv"IL M* ZI: -MA ly , ,, 1 1, 1 - - I i, , IL 1.1 as IV STATE OF ILLINOIS } )ss. COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN TI3E UNITED CITY OF YORKVILLE AND PROGRESS HOLDINGS, LLC, a Wisconsin Limited Liability Company THIS PLANNED UNIT DEVELOPMENT AGREEMENT is made and entered into this ` 0 tl day of f t k (3 ; k+ t , ) 2004, by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "CITY", and PROGRESS HOLDINGS, LLC, a Wisconsin Limited Liability Company, hereinafter referred to as "OWNER/DEVELOPER/DEVELOPER", hereinafter referred to as "OWNER/DEVELOPER", upon the following terms and conditions: WITNESSETH WHEREAS, the OWNER/DEVELOPER holds legal title to the real property which is currently located within the municipal boundaries of the CITY and described in Exhibit "A" ("PROPERTY") which is attached hereto and made a part hereof, and WHEREAS, the DEVELOPER is desirous of using said PROPERTY described in Exhibit "A" for B-3 General Business District use, and is desirous of assuring to it that said real property can be used for Service Business District use and all uses set out within this Agreement as attached hereto and incorporated herein as Exhibit "D", and to assure the right to uses under the B-3 General Business District as is time-to-time amended by the CITY; and WHEREAS, the CITY has considered the tract of PROPERTY herein described in Exhibit "A" for B-3 General Business District in order to provide for the orderly development thereof; and WHEREAS, the OWNER/DEVELOPER of the PROPERTY described in Exhibit "A" have requested the CITY to approve this Planned Unit Development Agreement and Final Plat for the PROPERTY; and its Plan Commission has considered the Petition; and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of the OWNERIDEVELOPER; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the PROPERTY heretofore described in Exhibit "A" will be developed within the CITY in an orderly manner; and WHEREAS, OWNER/DEVELOPER and their representatives have discussed the proposed Planned Unit Development Agreement and the development of all the PROPERTY and have had public meetings 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 Planned Unit Development Agreement, as required by the statutes of the State of Minois in such case made and provided. WHEREAS, the Plan Commission and City Council of the United City of Yorkville have further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested Planned Unit Development and the Special Use for Lot 2 allowing for a Gasoline Service Station selling petroleum, petroleum related products and convenience store meeting the following standards: (i) The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. (ii) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. (iii) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. (iv) Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. i (v) Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. (vi) The special use shall in all other respects conform to the applicable regulations of the district in which it is located. (vu) The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. I —2— (viii) The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. (ix) That all minhnum requirements pertaining to commercial uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this Title, except as maybe specifically varied herein granting and establishing a planned development use. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILCS 13. 1-1 . 1(2002), as amended, as follows: SECTION 1. The CITY in consideration of each party being bound by the terms, covenants, and conditions contained herein, upon execution of this Agreement and accompanying Ordinance approving the Planned Unit Development Agreement does hereby approve this Agreement on behalf of the CITY. SECTION 2, DEVELOPMENT OF THE PROPERTY. It is contemplated that the PROPERTY consisting of approximately 139,889 square feet will be developed by OWNER/DEVELOPER. Regardless of whether OWNER/DEVELOPER or a third party acquires or develops any specific portion of the PROPERTY, the development of the PROPERTY shall be carried out in general conformity with the development standards hereinafter set forth in this Planned Unit Development Agreement and the Combined Planned Unit Development Plans and Final Plans. To the extent of any conflict, ambiguity or inconsistency between the terms, provision or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance, the Subdivision Control Ordinance, as hereinafter identified, or any other City code, ordinance or regulation, (collectively defined herein as "Development Ordinances") the terns, provision and standards of this Agreement shall govern and control. These Development Ordinances shall be the Ordinances that govern this PROPERTY and as to the dates of this Agreement, and any amendment to the Development Ordinances shall not apply to the PROPERTY. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the CITY said Ordinance shall apply for that purpose to the PROPERTY. i -3- All Development Ordinances in effect as of the date of this Ordinance shall continue in effect insofar as they relate to the development of the PROPERTY, except as provided in this Agreement. These Development Ordinances shall be frozen from the date of this Agreement and any amendments to these Development Ordinances shall not apply to the PROPERTY for a period of five years from the date of execution of this Agreement except as stated for life safety issues. Fees and charges may be assessed against the PROPERTY provided any such fee or charge is or shall be collected by the CITY on a uniform basis from all OWNER/DEVELOPER, users and developers of property within the CITY. The CITY shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees or use fees for the PROPERTY unless such increases are: (i) made generally applicable to all OWNERS/DEVELOPERS, users and developers of property within the CITY; and (ii) such increases are reasonably related to increased costs incurred by the CITY in providing the services for which such fee is assessed. All landscaping and final grading on individual lots shall be the sole responsibility of the person or entity seeking issuance of the building permit for such improvement or the person or entity who are the OWNERS/DEVELOPERS of an individual lot on the date when such improvements are required to be installed, and OWNER/DEVELOPER'S responsibilities relating to such activity shall be deemed assigned to and accepted by said applicant or subsequent OWNER/DEVELOPER. A. APPROVED P.U.D. PLANS. The following combined plans for the PROPERTY have been reviewed by the Yorkville Plan Commission and the City Council and are hereby approved by the CITY: (i) P.U.D. Site Plan (Exhibit "B-1') ("P.U.D. Plan'); (ii) Preliminary Landscape Plan (Exhibit "B-2'); The P.U.D. Site Plan, and Preliminary Landscape Plan are sometimes referred to collectively as the "Combined P.U.D. Plans". The Combined P.U.D. Plans are approved by the CTPY in their entirety and any provision or requirement contained in any ordinance, regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or element of the Combined P.U.D. Plans shall be deemed varied hereby so as to conform with and permit the development, use, maintenance and operation of the PROPERTY in substantial conformity with the Combined P.U.D. Plans. All references in this Agreement to a lot number (i.e., Lot 1, Lot 2, etc.) shall mean the corresponding lot as identified on the Final Plat of Subdivision and P.U.D. Plan, B. OWNERlDEVELOPER has represented to the CITY and the CITY acknowledges that the lots identified on the Final Plat of Subdivision may be changed in the future. Any Final Plat of Subdivision ("Final Plat") shall be in substantial conformance with the P.U.D. Plan if the Final Plat meets the bulk lot standards as —4— provided in Section Two of the Agreement. Changing the location of the lot lines shall not be considered a change of the P.U.D. Plan or this Agreement so long as the Final Plat meets the bulk standards as provided in Section Two of this Agreement. There shall be a time limit of twenty (20) years between approval of the P.U.D. Plan and submission of the Final Plat for approval by the CITY. OWNERIDEVELOPER shall have the right to subdivide and resubdivide the PROPERTY into lot configurations other than as shown on the P.U.D. Plan or Final Plat of Subdivision, so long as each such lot so platted complies with the requirements of the Yorkville Municipal Code, except as amended by or otherwise provided in this Agreement. A resubdivision of any approved final plat of subdivision shall not be considered a change to the final plat. C. APPROVED FINAL PLANS The following combined final plans for Lots 1 through 3 on the PROPERTY have been reviewed by the City and are hereby approved by the City: (i) Lot 1 through Lot 3 P.U.D. Site Plan (Exhibit "C.1' ) (ii) Lot 1 through Lot 3 Final Landscape Plan (Exhibit "C-2') The Lot 1 through Lot 3 Site Plan, and Landscape Plan, are sometimes referred to collectively as the "Lot 1 through 3 Final Plans". The Lot 1 through 3 Final Plans are approved by the CITY in their entirety. The Final Engineering Plans are required to be reviewed or approved by the CITY as a condition precedent to OWNERIDEVELOPER applying for and receiving grading, foundation, building and occupancy permits on Lots 1 through 3, provided DEVELOPER complies with all requirements for obtaining such permits as provided in the City Codes, except as amended by this Agreement. The Lots 1 through 3 Final Plans are approved by the CITY in their entirety and any provision or requirement contained in any ordinance, regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or element of the Lots 1 through 3 Final Plans shall be deemed varied hereby so as to conform with and permit the development, use, maintenance and operation of the PROPERTY in substantial conformity with the Lots 1 through 3 Final Plans. D. RESU13DIVISION Any lot may be resubdivided in conformance with the Plat Act from time to time into two or more lots after or concurrently with the initial final plat of subdivision for each such lot. In the event, however, following the approval and recordation of the initial plat of subdivision of each Lot contained within the PROPERTY, OWNEWDEVELOPER shall be entitled to resubdivide each such lot without further Plan Commission review provided the following conditions are met: —5— i 1 (i) All resubdivided lots shall comply with the standards of this Ordinance; (ii) Each resubdivided lot shall have access by way of fee title or recorded easements of record in form reasonably acceptable to the CITY to: 1 . A public street for ingress and egress; 2. Water mains; 3. Sanitary sewers; 4. Storm sewers; 5. Electric distribution facilities; and 6. Such other public utilities as maybe necessary and appropriate for the use and occupancy of such subdivided lot. (iii) Utilities for which easements shall be necessary as set forth in (ii), above, shall be installed and accepted or collateralized in accordance with the ,. Yorkville Municipal Code. i (iv) Each subdivided lot shall have sufficient off-street parking located thereon as provided in the Yorkville Ordinance or have access to and use of off- street parking on other portions of the PROPERTY by way of easements as provided in Section 2H(ii). E. ARCHITECTURAL ELEMENTS Any changes to the elevations for Lots 1-3 prior to receipt of a building permit shall be reviewed and approved by staff if the revised elevations comply with BOCA code requirements. F. LAND USE FOR THE PROPERTY Except as otherwise provided in this Agreement, the development and use of the PROPERTY shall comply with the standards established under the `13-3" zoning classification as set forth in the Yorkville Municipal Code. If there is any conflict between the regulations of the Yorkville Municipal Code, as amended from time to time, this Agreement shall govern, as provided by Section 2 and 5 of this Agreement. (i) Uses. Those uses listed in Exhibit "D" attached hereto shall constitute permitted uses or special uses on the PROPERTY (individually a "Permitted Use" and collectively the "Permitted Uses"). Any uses not listed in Exhibit "D" shall be deemed special uses and shall require subsequent application by the applicable OWNER/DEVELOPER pursuant to provisions for special use under the Yorkville Municipal Code. The permitted uses and special uses listed in Exhibit "D" shall survive any i amendments to the Yorkville Municipal Code. Any application for Special Use shall be processed in conformance with the Yorkville Municipal Code. (ii) Building Height. The maximum height of any building or structure shall be thirty-five feet to the top of the parapet wall, exclusive of the screened rooftop mechanical equipment and its aesthetic architectural features as measured from the average finished ground level at the perimeter of the building. (iii) Setback and Yard Requirements. Building and Landscaping setback requirements from public street rights-of-way, roadway easements and adjacent land uses for each lot within the PROPERTY shall be as identified on the P.U.D. Plan attached as Exhibit "C-1". If 1DOT requests DEVELOPER to convey property or condemns property for additional right-of-way, the required setbacks for the PROPERTY as shown on the P.U.D. Plan shall always be measured from the existing property line so that the PROPERTY shall continue to comply with this Agreement and shall not be considered non-conforming by the CITY. The development of the property shall conform with the building setback, parking setbacks, and landscape setbacks stated and depicted on Exhibit "C-1" attached hereto and incorporated herein by reference. (iv) Number of Buildings. Each zoning lot may contain one principal building, together with any accessory uses. G. PARKING AND LOADING BERTH REQUIREMENTS Except as expressly deviated in this Agreement, the off-street parking regulations shall be governed by the regulations provided in Section 10- 11-1, 10- 11-2 and 10-11-3 of the Yorkville Ordinance in effect at the time this Agreement is enacted. These parking provisions shall apply to the PROPERTY, notwithstanding any later amendments to this Section by the CITY. Parking spaces shall be a minimum of 9 feet by 18 feet. (i) Drive-thru: Any facility containing a drive thm drugstore shall contain stacking for a minimum of 3 cars per service window. (ii) Location of Parking: Parking for any use can be located either: 1) on the lot upon which the use is located; 2) on other lots of the PROPERTY with a properly recorded cross-access easement for parking between the two lots. —7— i H. PERIMETER LANDSCAPING AND BUFFERING i (i) The PROPERTY and each lot contained therein shall be landscaped in substantial compliance with the Final Landscape Plan attached hereto as Exhibit "C-2". The OWNER/DEVELOPER of each lot shall only be responsible for installing and maintaining that portion of the perimeter landscaping identified on the Perimeter Landscape Plan located upon such OWNER/DEVELOPER'S or Developer's lot. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot, weather permitting, or, in the event of adverse weather conditions, within sixty (60) days following the commencement of the next successive planting season j following issuance of such occupancy permit. (ii) Perimeter landscaping may be phased. However, said landscaping shall be installed on a lot by lot basis prior to the issuance of a final occupancy permit for each lot. The landscaping for each lot within the PROPERTY shall be installed prior to the issuance of any occupancy permit for the principal structure on such lot, weather permitting, or, in the event of adverse weather conditions, within sixty (60) days following the commencement of the next successive planting season following issuance of such occupancy permit. ! The perimeter landscape standards set forth in this Agreement and in the Perimeter Landscape Plan shall be the only perimeter landscape standards or ordinance applicable to the PROPERTY. t I. INTERIOR LOT LANDSCAPING The interior lot landscaping plans to be submitted to the City Staff pursuant to Section 2F of this Agreement shall contain all of the information reasonably necessary to assess its compliance with this Section of the Agreement. Such plan shall be in substantially the same format as the Perimeter Landscaping Plan. J. BUILDING AND PARKING ENVELOPE The P.U.D. Plan (Exhibit "B-1') identifies envelopes within which the building or buildings and parking lot on each lot within the PROPERTY may be constructed {"Building and Parking Envelope"). The purpose of the Building and Parking Envelope is to provide reasonable flexibility in design, configuration and location of the commercial buildings within the Building and Parking Envelope. The actual building footprint and parking lot location for each building _g_ i constructed within the PROPERTY may be adjusted to meet the reasonable needs and requirements of the uses of such building provided such building footprint and parking lot location is located within the Building and Parking Envelope as identified on the P.U.D. Plan, K. EXTERIOR LIGHTING j All exterior pole mounted lighting constructed on the PROPERTY shall not exceed a maximum height of 30 feet, measured from the pavement. Said lighting shall be white light, downcast, not to exceed an average of seven (7) footcandles. DEVELOPER may place accent lighting, at its sole discretion, to illuminate the building and any of the lot's entrances, so long as the light leaving the site does not exceed City Code. i SECTION 3. ROADWAYS, STREETS AND ACCESS, A. ACCESS LOCATIONS i (i) Approval of access points by the MOT must be obtained prior to the issuance of a Certificate of Occupancy by the CITY. (ii) The CITY shall use its best efforts with MOT to obtain the access points to the PROPERTY shown on the Final Site Plans (Exhibit "C-F). (iii) The CITY shall use its best efforts with to cooperate with the owner of the adjacent property to the south and east of the Property to secure a cross access easement to the adjacent development for the benefit of public health and safety. B. CITY COOPERATION I I As to those locations over which the CITY has jurisdiction, the CITY shall issue all necessary approvals and permits for curb cuts and access locations, pursuant to any application for a Final Plat of Subdivision. As to all other curb cuts and access locations, OWNER/DEVELOPER or subsequent lot OWNER/DEVELOPER shall be responsible for obtaining all necessary approvals and permits from the governmental authority with jurisdiction thereover and the CITY shall fully cooperate with, and exercise its best efforts in support of, DEVELOPER or subsequent lot OWNER/DEVELOPER in obtaining said approvals and permits. SECTION 4, CHANGES TO THE PLANNED DEVELOPMENT The PROPERTY shall be developed in substantial compliance with the Combined I Planned Unit Development Plans and any final plans or plats approved by the CITY. Changes to j the Planned Development hereby approved shall be evaluated and processed as follows: —9— A. DEFINITIONS (i) Major Chanties: Major changes shall include any changes to the Planned Development which require an amendment of this Agreement, or any other change for which a public hearing is required by law or by the Yorkville Municipal Code, except as specifically provided herein. (ii) Minor Changes: Minor changes shall include any change not defined herein as a major change or a technical change. Minor changes shall include, but not be limited to, changes to the Combined P.U.D. Plans, Lots 1 through 3 Plans or approved Additional Plans and Materials that do not alter the intent of this Agreement. A substantial resubdivision of the entire PROPERTY of an approved Final Plat of Subdivision may be considered a minor change of the P.U.D. Plan and the Final Plat of Subdivision and require Plan Commission and City Council approval, but no public hearing. (iii) Technical Changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the City Engineering, Director of Public Works, Building Commissioner, Fire Chief, Director of Planning or Director of Economic Development as the case may be, to be: (i) in substantial compliance with the Combined P.U.D. Plans as approved by the City Council and; (ii) in compliance with the Yorkville Municipal Code. except as specifically varied or deviated as provided in Section 2 and 5 of this Agreement herein. Technical changes shall include, but not be limited to: 1) relocation of any road, sidewalk or easement; 2) alteration to any Storm Detention Facility. I (iv) Items Not Considered Changes: The CITY acknowledges that any change of lot lines from the P.U.D. Plan to the Final Plat of Subdivision shall not be considered a change of the Planned Unit Development Agreement. B. PROCEDURES (i) Major changes may be approved by the City Council after public hearing and recommendation by the Yorkville Plan Commission pursuant to submittal and processing of a petition to amend the Special Use as a Planned Development and a petition for preliminary plan approval, as set forth in the Yorkville Municipal Code. Major changes shall only require approval by a majority of the City Council. i i -1a (ii) Minor changes may be approved by the City Council without Yorkville Plan Commission review or public hearing. Minor changes shall only require approval by a majority of the City Council. (iv) Technical changes may be approved by the City Engineer, Director of Public Works, Building official, City Administrator, or other City personnel so empowered by the City Council as the case may be. SECTIONS, DEVIATIONS. To the extent that any element of the Combined P.U.D. Plans, Lot 1 through 3 Final Plans, Additional Plans and Materials, final plans, final plats, or this Agreement, deviate from the standards of the Subdivision Regulations, Zoning Ordinance, Sign Ordinance, Landscape Ordinance or other ordinance of the CITY, or any amendments thereto, or any other City of Yorkville ordinances, appropriate deviations, exceptions or ("Deviations") to the applicable ordinance shall be deemed to be granted hereby. j SECTION 6. ON-SITE EASEMENTS AND IMPROVEMENTS, A. EASEMENT REOUIREMENTS All landscape, public utility, drainage, cross-access and related maintenance agreements, and stormwater detention easements to be granted to the CITY upon, under and across portions of the PROPERTY shall be established through the recordation, by the then OWNER/DEVELOPER or OWNERS/DEVELOPERS of the land affected, of an as-built casement plat, plotting the location of each easement granted based upon the actual location of the utility line, structure or basin as constructed. All such easements required for the PROPERTY shall be established as aforesaid prior to the issuance of the first occupancy permit within the PROPERTY. B. UTILITIES AND OFF-SITE ROADWAYS All utilities maybe phased. Any lot to be developed shall provide minimum utilities acceptable to the City Engineer. DEVELOPER acknowledges that utilities constructed during fiuther phases of development may enhance service of lots already developed and may require abandonment of previously installed utilities. SECTION 7. OFF-STTE EASEMENTS AND CONSTRUCTION. CITY acknowledges and agrees that stormwater detention required as part of the I development of the PROPERTY may be located either on the PROPERTY or "off-site", so long i i as OWNER/DEVELOPER obtains a written recorded easement for drainage purposes and submits the same to the City Engineer for approval. The detention provided for the PROPERTY shall meet applicable City ordinances. SECTION 8. SANITARY SEWER SERVICE. The CITY shall allow OWNER/DEVELOPER. connection to the sanitary sewers as required by the City Engineer. The CITY represents and warrants to DEVELOPER that it owns, operates and maintains a sanitary sewer system within its borders of the subject PROPERTY, which mains have at this time, sufficient capacity to accommodate the anticipated sanitary sewer requirements of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall cooperate with OWNER/DEVELOPER in obtaining all necessary off-site easements and shall grant OWNER/DEVELOPER access to all CITY-owned rights-of-way to enable OWNER'S/DEVELOPER'S provision of sanitary sewer service to the PROPERTY. OWNER/DEVELOPER shall restore property affected by off-site extension of sanitary sewer lines to its condition existing prior to said construction. SECTION 9. POTABLE WATER SERVICE, The CITY represents and wan-ants that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains within the right-of-way along a portion of the perimeter of the PROPERTY, which system and mains have, sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The OWNER/DEVELOPER agrees that at least two sources of water shall be available for the property as indicated on the Final Engineering Plan. The CITY shall cooperate with OWNER/DEVELOPER in obtaining all off-site easements necessary and shall grant OWNER/DEVELOPER access to all CITY owned right-of-way to enable OWNER'S/DEVELOPER' S provision of potable water service to the PROPERTY. OWNER/DEVELOPER shall restore property affected by off-site extension of water lines to its condition existing prior to said construction. SECTION 10. PRELIMINARY GRADING AND PREPARATION OF THE PROPERTY FOR DEVELOPMENT, A) OWNER/DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of a Final Plat of Subdivision, to undertake preliminary grading work, filling and soil stockpiling, which plans shall be reasonably satisfactory to the City Engineer, so long as OWNER/DEVELOPER complies with the Site Development Permit requirements of the United City of Yorkville Soil Erosion and Sediment Control Ordinance. —12— i B) OWNERIDEV ELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision, may install foundations and steel frames for buildings prior to its approval and recording of a Final Plat on the property only if applicable building permits have been applied for and issued by the CITY. C) OWNER/DEVELOPER shall have the right after obtaining approval of Final Engineering but prior to approval and recordation of the Final Plat of Subdivision, may install underground utilities, only after all necessary EPA and CITY permits for extension of municipal utilities have been granted in preparation for the development of the PROPERTY. D) Any such work undertaken by OWNER/DEVELOPER shall be at the sole risk of the OWNER/DEVELOPER and without injury to the property of surrounding property OWNER/DEVELOPER. No letter of credit, bond or other security shall be required by OWNERMEVELOPER as a condition precedent to the commencement of such work. SECTION 11. BUILDING PERMITS. The CITY shall issue building permits for construction of improvements upon the PROPERTY within twenty (20) working days subsequent to receipt of application therefore. If the application is denied, the CITY shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The CITY shall review and provide written comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal. The CITY shall issue such building permits upon compliance with those requirements. OWNER/DEVELOPER may apply for and the CITY shall issue building permits for portions of the PROPERTY after approval but prior to recordation of a Final Plat for any such portion of the PROPERTY, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the PROPERTY. A gravel haul road outside the right-of-way reasonably deemed satisfactory to the Fire Department for emergency use must all be in place prior to issuance of said permits. Notwithstanding the foregoing,no occupancy permits shall be issued for such portions of the PROPERTY until the availability of such utilities to the structure in question is demonstrated, including a binder course of pavement on the street fronting the structure seeking an occupancy permit. ! Prior to the DEVELOPER, its lessees or successors and assigns receiving a building permit, a recorded reciprocal easement agreement for stormwater maintenance must be provided to the CITY. SECTION 12, CERTIFICATES OF OCCUPANCY. ! The CITY shall issue certificates of occupancy for buildings constructed within the PROPERTY within three (3) working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are —13— necessary as a condition to the issuance of a certificate. Inability, due to adverse weather conditions, to install a final surface course on driveways, service walks, public sidewalks, stoops, landscaping (including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy, which shall contain specific deadlines for completion of each j of the items not completed. The CITY shall not issue a final occupancy permit unless the Final Plat of Subdivision for the PROPERTY is recorded. SECTION 13. SECURITY FOR PUBLIC IMPROVEMENTS. A. Approval of any payout reduction of the bond posted to secure certain improvements, as required by the Yorkville Subdivision Ordinance ("Reduction') shall not be withheld if the bonded improvements substantially conform to the Final Engineering Plan. Improvements requiring a bond shall be as per City Ordinances and Standard City Bond Forms for Public Improvements a copy of which is attached hereto as Exhibit "F". If public or private improvements, grading or landscaping are not completed per plans, DEVELOPER shall post a j bond or letter of credit for 110% of estimated cost of completion or certificate of occupancy may be withheld as to affected areas of the PROPERTY by the CITY. The CITY shall, within sixty (60) days from the request for the Reduction and after receipt of the appropriate lien waivers from the DEVELOPER, either approve said Reduction, or shall notify DEVELOPER in writing of the reason or reasons for not approving said payout or Reduction. Upon satisfying said reasons and notification by DEVELOPER to the City Engineer, the City Council may authorize j the Reduction. Neither the CITY or the City Engineer shall require the DEVELOPER to install, construct or pay for any other improvements not included in the Final Engineering as approved by the CITY concurrent with the Final Plat approval. B. Within twenty (20) days following a DEVELOPER's request therefore, j underground Public Improvements, and surface level structures appurtenant thereto, shall be inspected by the CITY and certificates of completion issued therefore by the CITY upon a j finding of compliance with the final engineering plans pertaining thereto. The responsible DEVELOPER shall post, or cause the subcontractor constructing such Public Improvements to post a maintenance bond in the amount of ten percent (10%) of the cost of constructing such Public Improvements as listed in the Standard City Bond Form attached hereto and incorporated herein as Exhibit "E", to guarantee the workmanship and materials of such Public Improvements for a period of twelve (12) months following the date of acceptance by the City Council. Upon the expiration of said twelve (12) month guarantee period, the CITY shall make a final inspection of such Public Improvements, and upon the correction by DEVELOPER of such defects or damage as may then exist effecting the same, the CITY shall accept conveyance of such underground Public Improvements from such DEVELOPER by bill of sale or such other conveyance device as may be approved by the City attorney. -14- SECTION 14, SPECIAL ASSESSMENTS AND TAXATION. (If there is common ciuna a uarkine, maintenance or detention) Without the prior written consent of OWNER/DEVELOPER, the CITY shall not, within ten (10) years from the execution of this Agreement: A. any special assessment or special tax for the cost of any improvements in or for I the benefit of the PROPERTY except as specified herein; or B. undertake any local improvements in, on or for the benefit of the PROPERTY pursuant to the imposition of a special assessment or special tax against the PROPERTY, or any portion thereof; or i C. levy or impose additional taxes on the PROPERTY, in the manner provided by law for the provision of special services to the PROPERTY or to an area in which the PROPERTY is located or for the payment of debt incurred in order to provide such special services. D. The CITY shall create a Back-Up Special Tax Service Area to provide for on-site of the PROPERTY maintenance of detention, perimeter landscaping, ponds, and common subdivision signage which is located on the PROPERTY only, not off- site signs, which shall only be activated in the event DEVELOPER or its assigns , fail to maintain those elements of the subject real PROPERTY. DEVELOPER shall submit a written waiver and consent of the Back-Up Special Tax Service Area prior to issuance of the first certificate of occupancy on the subject premises. The Back-Up Special Tax Service Area shall not be levied upon by the CITY without providing a ninety (90) day advance written notice to DEVELOPER or any active property OWNER/DEVELOPERs' association allowing them an opportunity to cure any maintenance default weather permitting or labor or other force majeure that would delay performance being given consideration by the CITY. This ninety (90) day notice and opportunity to cure period shall also be tolled if the DEVELOPER has ordered material to cure the defects but is still awaiting delivery of that material. The levy sought may not exceed Twenty Five Cents ($.25) per One Thousand Dollars and 00/100 ($1,000.00) of assessed value. Nothing in this Section 16 shall prevent the CITY from levying or imposing additional property taxes upon the PROPERTY in the manner provided by law, which are applicable to and apply equally to all other properties within the CITY. —15— SECTION 15. RECAPTURE AGREEMENTS. The CITY represents and warrants to DEVELOPER that there are no recapture fees that are or shall become due and payable by the OWNER/DEVELOPER or DEVELOPER as a result of connection to any utility or road improvements serving the PROPERTY. SECTION 16, COMPLIANCE WITH STATE STATUTES. In the event that any one or more provisions of this Agreement do not comply with any one or more provisions of the Illinois Compiled Statutes or the governing rules of the Water Pollution Control board or the Federal or State Environmental Protection Agencies, then the CITY, OWNER/DEVELOPER, and DEVELOPER, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 17. PLATTING OF LANDSCAPE BUFFERS. i All landscape buffers required under this Agreement may, in the sole discretion of the responsible OWNER/DEVELOPER, be included within and platted as part of the applicable lot. In such event, the OWNER/DEVELOPER of such lot within which the landscape buffer is located, shall maintain, at such OWNER/DEVELOPER'S expense, the landscape material contained therein following the responsible OWNER/DEVELOPER'S construction and completion of such landscape buffer, SECTION 18. CONVEYANCES. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER/DEVELOPER and/or DEVELOPER to sell or convey all or any portion of the I PROPERTY, whether improved or unimproved. SECTION 19, CONFLICT IN REGULATIONS AND ORDINANCES. j The provisions of this Agreement and Ordinance approving this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of hereof. SECTION 20. AMENDMENT TO THIS ORDINANCE. This Agreement shall not be amended by the CITY without the prior written consent of the DEVELOPER. -16- SECTION 21, BINDING EFFECT SUCCESSION IN INTEREST. I This Agreement and the Ordinance approving it shall constitute a covenant running with the land and be binding upon and inure to the benefit of the parties hereto, their successors in interest, assignees, lessees, and upon any successor municipal authorities of the CITY and successor municipalities. Except as otherwise expressly provided herein, upon the conveyance or assignment by OWNER/DEVELOPER of its interest in the PROPERTY to any successor, assign, or nominee, OWNER/DEVELOPER and/or such DEVELOPER, as the case may be, shall be released from any and all further liability or responsibility under this Ordinance except to the extent previously undertaken by OWNER/DEVELOPER, or for which OWNER/DEVELOPER has posted security to perform an obligation in which case OWNER/DEVELOPER shall be bound to continue to complete its performance unless a replacement bond or letter of credit is posted by the new OWNER/DEVELOPER or DEVELOPER and accepted by the CITY which shall not be unreasonably withheld. In such event the original OWNER/DEVELOPER shall be released from the underlying obligation to perform. The CITY shall thereafter look only to the successor, assign, or nominee of OWNER/DEVELOPER concerning the performance of such duties and obligations of OWNER/DEVELOPER hereby undertaken. SECTION 22, INCORPORATION OF EXHIBITS. All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. SECTION 23. EFFECTIVE DATE. The effective date of the Ordinance approving this Agreement shall be the date of execution of this Agreement. i SECTION 24, NOTICES. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: i If to the CITY: Mayor and City Clerk 800 Game Farm Road Yorkville, IL 60560 i, With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 —17— If to OWNER/DEVELOPER: Progress Holdings, LLC Attn: Wade Joyner 407 W. Galena Blvd, P.O. Box 1625 Aurora, IL 60507 or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 25, ENFORCEABILITY. This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall be exercised there from and the remaining portions thereof shall remain in full force and effect. SECTION 26. ENACTMENT OF ORDINANCES, The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. —18— i IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this � rt. ;dayof fib` - 0 1 `' t 26 "i . CITY; THE UNITED CYI'Y OF YORKVILLE 7 L 1,(i (, MAYOR k / 1 j � Attest: ` -CITY CLERK — 19— OWNER/DEVELOPER: PROGRESSOLDI 'GS, LLC, a Wisconsin Limited Liability Company By Attest: Dated: Prepared by: Law Offices of Daniel J . Kramer I I 07 S. Bridge Street Yorkville, Illinois 60560 630.553 .9500 —20— EXHIBIT LIST Exhibit A Legal description of property Exhibit B PUD Plans Exhibit B-1 Preliminary PUD Site Plan I Exhibit B-2 Preliminary Landscape Plan Exhibit C Final PUD Plan Exhibit C-1 Final PUD Site Plan Exhibit C-2 Final Landscape Plan Exhibit D United City of Yorkville B-3 Business District Exhibit E Bond Form LEGAL DESCRIPTION THAT PART OF THE NORTHWEST QUARTER OF SECTION 28 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOW : COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF U . S . ROUTE 34 WITH THE EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47 ; THENCE SOUTH 04 DEGREES 52 MINUTES 00 SECONDS WEST ALONG SAID EASTERLY LINE OF ILLINOIS ROUTE 47 , A DISTANCE OF 425 . 04 FEET FOR THE POINT OF BEGINNING ; THENCE NORTH 04 DEGREES 52 MINUTES 00 SECONDS EAST ALONG SAID EASTERLY LINE 425 . 04 FEET TO THE CENTER LINE OF U . S . ROUTE 34 ; THENCE SOUTH 83 DEGREES 46 MINUTES 47 SECONDS EAST ALONG SAID CENTER LINE 385 . 72 FEET ; THENCE SOUTH 06 DEGREES 13 MINUTES 13 SECONDS WEST 400 FEET ; THENCE SOUTH 79 DEGREES 59 MINUTES 12 SECONDS WEST 62 . 46 FEET TO A POINT SOUTH 85 DEGREES 06 MINUTES 00 SECONDS EAST 315 . 80 FEET FROM THE POINT OF BEGINNING ; THENCE NORTH 85 DEGREES 06 MINUTES 00 SECONDS WEST 315 . 80 FEET TO THE POINT OF BEGINNING , ( EXCEPT THAT PART, ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS THROUGH PROCEEDINGS HELD IN THE CIRCUIT COURT FOR THE, . 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'#E %F gem I*$ I GAS OIL— STATION . s COMMERCIAL 1 � s. *U'S SF awwe : •• ,,pp ty p ' I it 101 pie,ililp — T hook _ IMMI I'Mig"MW PROGRESS HOLDINGS .....� N , ga 41 .w+ 4277 SLACK57UVE CWRT go MIOOLETON. WISCONSIN 53562 'I. i —N. (606) 849-6304 on Im REM awwER, mRixn on rc mna>F a-r CEMCON, Ltd. FMUM6 .� . .,. _ wpm W Ag.xac nNw.MNX {{A ligaft WA I'm w .w AID noun WA I 10-7D-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT i SECTION: 10-7D-1 : Permitted Uses 10-7D-2: Special Uses 10.7D-3: Lot Area 10-7D-4: Yard Areas 10-713-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking And Loading 10-7D-1 : PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. i Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. January 2000 City Of Yorkville t i i 10-7D-1 10-7D- 1 i i Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. i Kennel. Mini-warehouse storage. Miniature golf. Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. , Plumbing supplies and fixture sales. Pump sales. i Recreational vehicle sales and service. j Skating rink. i Sports arena. Taxicab garage. Tennis court - indoor. Trailer rental. I Truck rental. i Truck sales and service. January 2000 City of Yorkville I i i 10-7D-1 10-7D-4 Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1 , 1 -9-1986; Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21 , 6-25-1998) 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. Daycare centers. Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, B-10-1995; Ord, 1995-20, 8-10-1995) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1 , 1 -9-1986) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-1974) B. Side Yards: 1 . A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. January 2000 City of Yorkville 10-7D-4 10-7D-7 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1 , 1 -9-1986; amd. 1994 Code) C. Rear Yard; A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28- 1974) i D . Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be required, A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1 , 2- 12-1987) i E. Parking Lot Setback Requirements: 1 . Arterial Roadways: When a parking lot located in the B-3 Zoning District is located next to an arterial roadway, as defined in the City's Comprehensive Plan, a twenty foot (20') setback from the property line is required. _ 2. Nonarterial Roadways: When a parking lot located in the B-3f Zoning District is located next to a nonarterial roadway, as defined in the City's Comprehensive Plan, a ten foot (10') setback from the property line is required. (Ord. 1998-32, 11 -5-1998) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973.56A, 3-28-1974) i 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35'). (Ord, 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-1974) January 2000 City of Yorkville IRREVOCABLE7MLIC IMPROVE MNT BOND Bond No. .KNOB' ALL MEN BY THESE PRESENTS, as PRINCIPAL, a corporation organized and existing under the laws of the State of and authorized to do business in the State of Illinois, and as SURETY, a corporation organized and existing under the laws of the State of and authorized to transact business in the State of Illinois, are held and firmly bound unto the UNITED i CITY OF YORKVILLE, Illinois, a municipal corporation, as OBLIGEE, its successors and assigns in the sum of (S ) Dollars, lawful money of the United States for the payment of which to be made to the OBLIGEE, its successors and assigns. Said PRINCIPAL and SURETY, hereby firmly bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, by this Irrevocable Bond. This Irrevocable Bond is issued for the supply, installation and construction of all subdivision improvements regarding the Subdivision, in accordance with applicable UNITED CITY OF YORKVJLLE ordinances, and plans and specifications and the Development Agreement and/or Annexation Agreement for Subdivision, as approved by the UNITED CITY OF YORKVII.LE, and as may be amended or modified from time to time by agreement of PRINCIPAL AND OBLIGEE, iocludiag the following improvements, 1 i DIVISION "A" — SANITARY SEWERS (Engineers estimate = $ ) DIVISION "B" — WATERMAIN (Engineers estimate = $ ) DIVISION `SC" — STORM SEWERS (Engineers estimate = $ DIVISION 44D?' — STREETS ) (Engineers estimate = $ DIVISION "E" — DETENTION BASIN (Engineers estimate = $ ) DIVISION "F" — MISCELLANEOUS IMPROVEMENTS (Engineers estimate Total engineers estimate = $ The PRINCIPAL has agreed to pay all expenses incurred by the OBLIGEE for engineering, legal fees and other expenses in connection with the making of such improvement(s); and that in the event of a default declared by the OBLIGEE, the OBLIGEE shall have the authority to complete the work required, at the expense of the PRINCIPAL and SURETY. The condition ofthis obligation is such that if the OBLIGEE accepts the aforesaid improvements by action of the Yorkville City Council, and the said PRINCIPAL posts acceptable surety guaranteeing maintenance of the improvements for one (1) year, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The SURETY will, upon written declaration of default by the OBLIGEE to the PRINCIPAL and SURETY, at the option of the OBLIGEE, complete the i mprovement(s), pay to the OBLIGEE or the PRINCIPAL such amounts up the principal amount of this Irrevocable Bond, which will allow the OBLIGEE or the PRINCIPAL to complete the improvements, or pay the person designated by the OBLIGEE who has 2 completed the improvements. Failure of SURETY to honor the OBLIGEE'S demand of either payment or performance within fifteen (15) business days shall constitute dishonor. It is agreed that any one or more of the following exclusive fist of circumstances i shall constitute a default by the PRINCIPAL, and shall entitle the OBLIGEE to make demand on this Irrevocable Bond: I 1 . That the PRINCIPAL has failed to satisfactorily complete or carry on the work, installation and construction of the required improvement(s), as scheduled or at a faster pace, or 1 That the PRINCIPAL has demonstrated that it will be unable to complete the improvements, or 3. That the improvement(s) have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties. I This Irrevocable Bond sets forth in full the terms of the undertaking between the SURETY and OBLIGEE, and such undertaking shall not in any way be modified, amended, amplified or limited by reference of any document, instrument or agreement referred to herein. Any such reference shall not be deemed to incorporate said document or agreement into this Irrevocable Bond, but is made for the purpose of identifying the items and costs of completion. The obligations of SURETY under the Irrevocable Bond are not dependent upon the financial solvency of the PRINCIPAL and as such shall continue even if the PRINCIPAL has filed bankruptcy. 3 I This Irrevocable Bond shall remain in full force and effect and shall not be discharged or reduced until release is granted in writing by certification of the City Clerk and OBLIGEE'S acceptance of all of the improvements secured by this Irrevocable Bond. This Irrevocable Bond may be substituted by the PRINCIPAL and SURETY prior to the completion of all the aforementioned improvement(s) by submitting a new Irrevocable Bond in the same form and substance as this Irrevocable Bond to the City Clerk in an amount equal to one hundred and ten percent (110%) of the estimated cost to complete and pay for all the remaining above described improvements, certified as remaining by OBLIGEE. Any renewal, replacement or amendment of this Irrevocable Bond shall clearly state the then current total balance as well as the amount applicable to each of the estimates for public improvements which are the subject of this Irrevocable Bond. The SURETY further agrees and commits to pay the OBLTGEE six percent (6%) prejudgment interest and consequential damages, including all of its costs and attorney's fees reasonably incurred in the enforcement of this Irrevocable Bond if wrongfully dishonored by SURETY. 4 i IN WITNESS V7.ffMOF, we have set our hands and seals this day of dpi, i i By! By PRINCIPAL SURETY I By: OBLIGEE Anton Graff City Administrator, United City ofYorkviUe I i 5 i 0 C/lf Reviewed By: Agenda Item Number J� 4 ,�-, Legal ❑ i EST. 1836 Finance ❑ 1 Engineer ❑ City Administrator ❑ Tracking Number D I� °ate O Consultant ❑ 9�Dj�CE`���� Human Resources ❑ PC 2007-17 City Council Agenda Item Summary Memo Title: Wynstone Townhomes—Restated and Amended Annexation Agreement City Council/COW Agenda Date: June 19, 2007 Synopsis: Requesting approval for a Restated and Amended Annexation Agreement originally approved April 6, 2000 and recorded June 14, 2000. The amendment includes a Preliminary PUD Plan. Council Action Previously Taken: Date of Action: May 22, 2007 Action Taken: Public Hearing Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: o United City of Yorkville Memo o A"_ .1% 800 Game Farm Road ESL 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ® (a I.-ON �' Fax: 630-553-3436 L®l1 E , Date: June 13, 2007 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: Wynstone Townhome Development— Restated and Amended Annexation Agreement Request The Plan Commission reviewed the request April 11 , 2007 and again May 9, 2007 and made the following actions: Recommended approval for Rezoning (R-3 to PUD) - 7 yes; 0 no Recommended approval of Concept PUD Plan with the condition that the connection to Walnut Street be removed — 5 yes; 2 no Recommended approval of Preliminary PUD Plan subject to staff comments — 6 yes; I no Staff Comments: • Staff recommended a re-stated Annexation Agreement/PUD Development Agreement be prepared for the property to include: • Minimum architectural standards for the buildings exceeding the current appearance code requirements (see attached `Wynstone Townhomes Design Features' prepared by Wyndam Deerpoint) • Current City development fee schedule - per unit amounts. • The property is currently zoned R-3 (approved as part of the 2000 Annexation Agreement; • The proposed plan included 56 units. The density is 5.8 units/acre. R-3 Zoning allows for up to 5 units per acre. 5.8 may be approved as part of the PUD agreement; • The property to the south is labeled `Zoned B-3 ' . This property is unincorporated and the label should include the jurisdiction this is zoned; • Preliminary Engineering and Preliminary, Landscape Plans need to be resubmitted for staff review included the most recent building configuration and street layout; 1 • Staff recommends approval of the Preliminary Plan subject to an approved PUD Agreement and the following staff comments based on the previous Preliminary Plans: • Joe Wywrot March 12, 2007 memo (attached) • Laura Haake March 8, 2007 memo (attached) ■ Note: Comment 1 has been addressed with the proposed connection to St. Joseph's Way — the remaining comments are still outstanding. 2 `ts�D CdTY ® United City of Yorkville Memo J c �_ ^ 800 Game Farm Road EST. \ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 ® Fax: 630-553-3436 L®LCE % Date: March 12, 2007 To: Charles Wunder, Urban Planner From: Joe Wywrot, City Engineer CC: Bart Olson, Assistant City Administrator Subject: Wynestone Townhomes — Preliminary Plan Review I have reviewed the proposed preliminary plan prepared by Jacob & Hefner Associates dated January 30, 2007 and have the following comments: General • The plan should be submitted to Walter Deuchler Associates to review the sanitary design on behalf of Yorkville-Bristol Sanitary District. • The plan should be submitted to Bristol-Kendal Fire Protection District to review with respect to access and fire protection. • The plan should be submitted to IDOT for review regarding access locations, Route 47 improvements, and additional Route 47 right-of-way. • The plan should be submitted to Kendall County to review on behalf of Kendall Township regarding the proposed connection to Walnut Drive. Depending upon their review, a section of the Walnut Drive right-of-way may need to be annexed to the city. • Submit a wetland delineation for review, along with documentation from the US Army Corps of Engineers regarding the jurisdictional/non-jurisdictional status of the wetland(s). • Submit a copy of the Land Use Report from the Kendall County Soil Conservation Service. • Provide a copy of the field tile study. • A preliminary landscape plan is required. • The proposed stormwater basin volume of 4.9 acre-feet is acceptable. • Identify the boundaries of the proposed park, and indicate if it is to be a public or private park. Sheet 1 • The streets in this development should be public. We are currently in discussions with the adjacent Fox Highlands Homeowners Association regarding their private streets, which they want to turn over to the city. Therefore, even if these streets are to be private they should conform to all public-road requirements and the typical sections revised accordingly. • If the streets are to be private, a private right-of-way should be established similar to city right-of-ways, and ingress/egress easements established to benefit the property immediately south of the development. • The "Private Street" typical section should show a 66-foot right-of-way. Revise the combination curb & gutter to 136-12. • The "Street A" cross-section should have 4.5 inches of bituminous binder course and 12 inches of aggregate base course. The roadway should be 39 feet back-to- back. The right-of-way, whether private or public, should be 80 feet wide. Public sidewalk should be shown on both sides of the street. Revise the combination curb & gutter to 136- 12. Sheet 2 • The tree survey needs to be updated. Almost all of the trees on the B-3 parcel have been cut down. • Show the names and owners of the adjacent properties that have frontage on both sides of Route 47 within 200 feet of the proposed development. • Show the existing zoning of the proposed development as well as surrounding properties. • Show the existing un-named creek immediately south of the proposed development. • Show the location of Bonnie Lane and the Saravanos private roadway. Sheet 3 • If the city does take over the streets in Fox Highlands, St. Joseph's Way should be extended into the Wynestone development. • Add a note stating that improvements on Route 47 shall be as required by IDOT and that offsite Walnut Drive improvements shall be as required by Kendall Township and/or the City of Yorkville. • The proposed detention basin grading should be refined to demonstrate that the required 4.9 acre-feet can be detained in the area provided. • The detention basin is shown discharging to a swale that runs through several back yards along the south side of Baltrusol Court in the Fox Highlands development. We have had repeated complaints from the homeowners on Baltrusol Court regarding the stormwater flowing through their yards. While this development will reduce the peak discharge, it will increase the total volume of runoff and the duration of that runoff. This offsite drainage issue needs to be resolved before we can approve the Wynestone Townhomes preliminary plan. • Show proposed building setback lines. • Label the street names. • Show right-of-way lines. Include typical corner cuts at the intersection of Street A with Route 47. • Show sidewalks on both sides of all streets, and also along the Route 47 frontage. • Add a note stating that the B-3 parcels shall not have direct access to Route 47. • Show streetlights along Street A at Route 47, the boundary between the commercial and residential parcels, and the Street A/Walnut Drive intersection. Also show lights on Walnut Drive between Bldgs. 2 and 3, across from Bldg. 5, and at the dead-end. • Call for a turn-around at the dead-end to comply with city requirements. • We need to discuss whether sidewalk should be extended from St. Joseph's Way into the Wynestone development. Sheet 4 • This development is near at the boundary of two watermain pressure zones. If connection is made to the watermains in Fox Highlands, pressures at the ground floor would vary between 30 PSI and 45 PSI, and pressures on the second floor would vary between 25 PSI and 40 PSI. If connection is made to the watermain on Route 47 the pressures would be about 25 PSI higher, therefore connection should be made to the Route 47 12 inch watermain. Two connections are required, those being at Street A and at the south end of the development. An offsite easement will be required. Call for a cut-in valve-in-vault along the Route 47 watermain between the two points of connection. • Call for an 8 inch watermain to be stubbed to the north side of Street A along Walnut Drive, ending with a hydrant and valve. • Extend a sanitary stub to the north along Walnut Drive from the manhole shown at the Street A intersection. Please forward these comments to the developer and the design engineer. If you have questions regarding any of these comments, please see me. 0 United City of Yorkville Memo 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 L®CIE Iti� Date: March 8, 2007 To: Charley Wunder From: Laura Haake CC: Rebecca Houseman, Dave Mogle Subject: Wynstone Development Preliminary Landscape Review I have reviewed the preliminary landscape plans for the Wynstone Townhomes dated February 8, 2007 prepared by Gary R. Weber Associates, Inc., and have prepared the following comments: General Comments: 1 ) A sidewalk connection shall be provided to the sidewalk on St. Joseph's Way to allow residents access to the public park sites and the Regional Trail System in the neighboring developments. This should be a minimum of 5' wide from the Walnut drive to the existing sidewalk. 2) A tree survey must be completed that shows all trees with a caliper greater than four inches (4") at breast height and includes the species, caliper, removal, etc. 3) The trees around the perimeter of the site should be preserved to keep the character of the property. 4) "Existing trees to be preserved as possible" in the dry detention basin does not provide information needed for tree credit calculations. Specific trees to be saved shall be individually located and clearly marked. Tree protection methods shall be shown in a detail and notes on the landscape plan. 5) This development must follow Landscape Ordinance 2006-136. The plant list includes shade tree species that are not on the approved shade tree list. Autumn Blaze Maple and all Ash trees shall be replaced with acceptable species. 6) Due to the re-design of the development from the original preliminary plan submission, the park site requires further discussion with the Parks Department. THIS INSTRUMENT PREPARED BY AND RETURN TO: Revised June 11,2007 Richard M.Guerard 605 Lindsay Circle North Aurora,Illinois 60542 630.966.1000 RESTATED AND AMENDED ANNEXATION AGREEMENT WYNSTONE TOWNHOMES THIS AMENDMENT TO THE ANNEXATION AGREEMENT,AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the _ day of 2007,by andbetween SB&WD,L.L.C.,an Illinois limited liability company("Owner'j and("Developer"), and the UNITED CITY OF YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois("City")by and through its Mayor and Alderman ("Corporate Authorities'l. OWNER, DEVELOPER 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 those certain parcels of real estate legally described on Exhibit"A"attached hereto("Wynstone Property"). B. Owner and the CITY, together with the owners of certain other property have heretofore entered into that certain Annexation Agreement dated April 6,2000 recorded June 14, 2000 as Document 0008080("Annexation Agreement')which provided for,among other things, the annexation of the Property to the CITY. Also annexed,as a part of the Annexation Agreement, was a parcel of property adjacent to the west,of approximately 2.294 acres,which was granted zoning of B-3 Service Business District. C. The Owner desires to restate and amend the Annexation Agreement for the Property to the City upon terms and conditions recited in this agreement. D. The Owner,after full consideration,recognizes the many advantages and benefits resulting from the annexation of the Property to the City. E. The OWNER desires to amend the annexation agreement to the City for the purposes of developing one contiguous planned unit development(PUD)known as the Wynstone Townhomes (approximately 9.64 acres). F. DEVELOPER further desires to amend the Annexation Agreement as it pertains to the Wynstone Property in accordance with the terms and provisions of this Amendment in order to facilitate the development of the Wynstone Property for developing one contiguous planned unit development, and the CITY is agreeable to amending the Annexation Agreement as it pertains to the Wynstone Property in accordance with the term and provisions of this Amendment. This Amendment is not intended, and shall not be construed, to alter or amend the Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the other real estate being the subject of the Annexation Agreement. G. DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. H. The property is currently located within the corporate limits of the City of Yorkville pursuant to an annexation agreement entered into with the United City of Yorkville April 6, 2000 and recorded in the Recorders Office of Kendall County on June 14, 2000 as Document No. 0008080. 1. DEVELOPER proposes that a portion of the Wynstone Property as legally described and in Exhibit "A" attached hereto ("R-3 Parcel") be rezoned as PUD under the R-3 Classification for Townhomes under the provisions of the City Zoning Ordinance ("Zoning Ordinance"), Residence District with a Special Use for a Planned Unit Development with townhomes. J. 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. K. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. L. The Corporate Authorities, after due and careful consideration, have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Property 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. M. (i) Each party agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached Exhibit `B" as a Planned Unit Development (PUD) establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property. 2 (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. (iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. (iv) The subject real property is located within the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. N. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Wynstone 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. O. The CITY's Plan Commission has considered the Petition, and the CITY Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPER. P. The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings 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 and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved concept PUD plan to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: I . LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. 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 rezone the Property under the R-3 Residential District of the CITY Zoning Ordinance ("Zoning Ordinance") to R-3 with a special use for Planned Unit Development. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the Wynstone Property as aforesaid. 3. SUBDIVISION OF WYNSTONE PROPERTY. 3 a. The Property shall be developed in the manner and in accordance with the Preliminary PUD Plan,and such development shall be in full conformance with the CITY's Zoning Ordinance,Subdivision Regulations,Building Code,and other CITY ordinances, codes, rules and regulations pertaining to the development of the Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement (the Preliminary Plan is attached as exhibit B).The engineering design for the sanitary sewer,water,storm sewer service and the storm water retention/deten- tion,as well as the streets and sidewalks within,upon and serving the Property, shall be substantially as provided in the Concept PUD Plan. b. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan(Exhibit B). 4. DESIGN STANDARDS. OWNER and DEVELOPER agree to meet the minimum requirements of the CITY's Appearance Code(Ordinance 2005-51)and exceed the requirements as identified by Exhibit"C"Design Standards and as illustrated by the elevations in Exhibit"C.1" ,5.___ VARIATIONS FROM LOCAL CODES. The specific variations and deviations from_- - Deleted:4 the CITY's ordinances, rules, and codes as set forth in Exhibit "p" attached hereto have been__ oeieted:g requested,approved and are permitted with respect to the development,construction,and use of the Wynstone Property("Permitted Variations"). _ UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree_,-- Deleted:s that any extension and/or construction ofthe utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement,and such work and the cost thereof shall be the sole responsibility of DEVELOPER,except as otherwise provided in this Agreement: A. Sanitary Sewer Facilities.DEVELOPER shall cause the Wynstone Property,or such developable portions thereof as may be appropriate,to be annexed to the Yorkville- Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Wynstone Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY 4 shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Wynstone Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol, and the sanitary sewer lines which are smaller than fifteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY's acceptance thereof, which acceptance shall not be unreasonably denied or delayed. B. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to cooperate with OWNER and DEVELOPER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY, except as otherwise provided herein. C. Storm Water Facilities. 1 . DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Wynstone Property, in substantial conformity with the Preliminary Engineering, subject to review 5 and approval of Final Engineering for each Phase of Development, in the following manner: a. Installation of underground sewers within that part of the Wynstone Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering,which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Wynstone Property designated on the Preliminary Engineering for such purpose, subject to review and approval of Final Engineering for each Phase of Development. 2. The CITY,for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water _ retention/detention as is currently called for in the existing ordinances of the CITY. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement,street lights,recreational path and public sidewalks;to be installed upon the Wynstone Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance,.rule or regulation to the contrary,all public sidewalks and parkway landscaping to be constructed or installed upon the Wynstone Property pursuant to the approved Final Engineering for each Phase of Development may be installed and completed on a lot by lot or block by block basis,but they remain as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path,constructed in accordance with the Final Plat and Final Engineering,located in the public right of way. SECURITY INSTRUMENTS. ________________________ _ _ Deleted:6 A. Posfine Securi ty. DEVELOPER shall deposit, or cause to be deposited,.with the CITY such irrevocable letters of credit,contractor's performance bonds or surety bonds("Security Instruments' to guarantee completion and maintenance of the public improvements to be constructed as a part ofthe development of each Phase of Development as are required by applicable ordinances of the CITY. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. All such Security Instruments if in the form of an irrevocable letter of 6 credit shall be substantially in the form set forth in Exhibit"F".attached hereto. The CITY Council,pursuant to 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. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the CITY prior to the recordation of the Final Plat for each Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development;and recommendation of acceptance by the CITY engineer, DEVELOPER 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. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and recommendation of acceptance by the City engineer, DEVELOPER 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. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Wynstone Property, DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY,securing the costs of the improvements set forth therein by the proposed DEVELOPER. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The ,_- Deleted:7 public improvements constructed as apart of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance. Q.___ AMENDMENTS TO ORDINANCES. All ordinances,regulations;and codes ofthe _-- Detew:s CITY,including,without limitation those pertaining to subdivision controls,zoning,storm water management and drainage,building requirements, official plan, and related restrictions, as they presently exist,except as amended,varied,or modified by the terms of this Agreement,shall apply to the Wynstone Property and its development for a period of five(5)years from the date of this 7 Agreement. Any Agreements,repeal,or additional regulations which are subsequently enacted by the CITY shall not be applied to the development of the Wynstone Property except upon the written consent of DEVELOPER during said five(5) year period. After said five (5) year period, the Wynstone Property and its development will be subject to all ordinances,regulations,and codes of the CITY in existence on or adopted after the expiration of said five(5)year period,provided, however,that the application of any such ordinance,regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Wynstone Property, alter or eliminate any of the ordinance variations provided for herein,nor result in any subdivided lot or structure constructed within the Wynstone Property being classified as non-conforming under any ordinance of the CITY. 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 Wynstone Property pursuant to the express and specific mandate of any superior governmental authority,such ordinance or regulation shall apply to the Wynstone Property and be complied with by DEVELOPER,provided,however,that any so called"grandfather"provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Wynstone Property shall be given full force and effect. �0_ BUILDING CODE. The CITY has adopted the Intemational Building Code,which is_,_- Deleted:v updated approximately every three years.The building codes for the CITY in effect as ofthe date of building permit application will govern any and all construction activity within the Subject Property. �1_ FEES AND CHARGES._ During the first five years following the date of this_,,- Deieeed:to Agreement,the CITY shall impose upon and collect from the OWNER and/or DEVELOPER,and their respective contractors and suppliers,only those permit,license,tap on and connection fees and charges,and in such amount or at such rate,as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 12. __CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any Deeted:n land or money to the CITY,or any other governmental body,except as otherwise expressly provided in this Agreement. 13.HOMEOWNERS ASSOCIATION AND DORMANT SSA. In order to provide for the maintenance of the Subdivision signage,common areas and open space,in the event the Homeowner's Association fails to so maintain,OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY;and the CITY shall have approved ordinances encumbering all residential units of said subdivision,as to common subdivision signage,storm water management or other common areas of the subdivision. 14.OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District#115("School District')and the United City of Yorkville, Recreation Department("Recreation Department")for the estimated impact which is S projected to be experienced by said districts as a result of the development of the Wynstone Property in the manner provided for under this Agreement: A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of land to the CITY for school purposes("School Contribution'). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is,229 acres.,The school contribution shall be_Paid by a cash_--- Deleted: contribution in accordance with the CITY ordinances made at time of recording the first final plat in accordance with the amount per unit in Exhibit`D'. The fee shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of 3 000 er unit._-_- Deleted:s The land-cash fee will be paid at the rate of S 1,494.49�jter unit on a_p r-building__ Deleted:S permit basis as building permits are issued. The method of payment will be in accordance with the CITY'S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit,on a lot by lot basis. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement.OWNER AND DEVELOPER knowingly waives any claim or objection as to amount ofthe specific fees negotiated herein voluntarily. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes("Park Contribution'. The total land area Dom: required for contribution for park purposes pursuant to applicable ordinances of the Dom:OWNER.,DEVELOPER CITY,based upon the Preliminary Plat,is�.23acres. Theparkcontributionsha111 shalt"use fee tide wne less than be paid by a cash contribution at the rate of$124230mMable to the Cif at time of \ acres of land,as identified on the ` Preliminary PUD Plan("Park Site")to Final Plan Anoroval.-_ \t be conveyed to the CITY,or to such other t` entity as the CITY shall direct in writing, �t in partial satisfaction ofthe Park C. The fees listed in Exhibit ", " shall bepaid to the CITY for each unit._ Unless `,\1 Contribution. otherwise provided in this Agreement, said development, transition, impact, and 't ;1 Deleted:balance of any other fees shall be paid per individual residential dwelling unit concurrent with the �' t Deleted:in accordance with the CITY building permit application for that particular residential dwelling unit. ' i ordinances made at time of conveyance of the park site to the CITY Deleted:The Park Site shall be esnecyed in such manner and at such 1�_ PROJECT SIGNS. Followingthe date of this Agreement and through the date of time aerequired by applicableordinances the issuance of the final occupancy permit for the Wynstone Property, DEVELOPER shall be `, ' of the CITY, Prior to..eyes.of the ' Park Site DEVELOPER shall,at its entitled to construct,maintain and utilize upto two(2)offsite subdivision identification,marketing '� expense,Insole,sued and prep.thePark and location signs at such locations within or without the corporate limits of the CITY as ', i Site in confomity with the Final DEVELOPER may designate(individuallyan"OffsiteSign"andcollectivelythe"OfisiteSigns"). , ' Eng,menn, DEVELOPER shall be responsible,at its expense,for obtaining all necessary and appropriate legal Dom`D Deleted:4 9 rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty(20)feet in height with an area for each sign face not exceeding two hundred (200) square feet, subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Wynstone Property as identified in Exhibit"If attached hereto. 1!,...MODEL HOMES/PRODUCTION UNITS. Duringthe development and build out period of the Wynstone Property(subsequent to final plat approval),DEVELOPER,and such other persons or entities as DEVELOPER may authorize,may construct,operate and maintain model homes within the Wynstone Property staffed with DEVELOPER'S, or such other person's or entity's,sales and construction staff,and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable ofparking two(2)cars outside of the adjacent road right-of-way. Building permits for model homes,and for up to six(b)production dwelling units, shall be issued by the CITY upon proper application therefore prior to the installation of public improvements(provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). Prior to issuance of occupancy permits of model homes,water shall be made available within 300'of homes.There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational.Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNER. DEVELOPER may locate temporary sales and construction trailers upon the Wynstone Property during the development and build out of said property,provided any such sales trailer shall be removed within two(2)weeks following issuance of the final occupancy permit for the Wynstone Property or upon the occupancy of model homes within the Wynstone Property,whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval.The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify,defend and hold harmless the CITY and the Corporate Authorities (collectively"Indemnitees")from all claims,liabilities,costs and expenses incurred by orbrought against all or any of the Indemnitees 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. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling, units in each Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall,in such case,apply for the benefit of Indemnitees for each Phase of Development. 1,___CONTRACTORS TRAILERS. The CITY agrees that from and after the date of J Deleted:s execution ofthis Agreement,contractor's an d subcontractor's supply storage trailers may be placed 10 upon such part or parts of the Wynstone Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Wynstone Property until the issuance of the last final occupancy permit for the Wynstone Property. No contractor's trailers or supply trailers shall be located in the public right-of-way. 1$_ OVERSIZING OF IMPROVEMENTS. In the event oversizing_of public_ Deleted:s improvements is hereafter requested and properly authorized by the CITY for the Wynstone Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Wynstone Property for the purpose of serving property other than the Wynstone Property,the CITY shall enter into a Recapture Agreement,as defined in Paragraph MA.hereof, - - Deleted:is with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. ly_ LIMITATIONS. In-no event, including, without limitation, the exercise of the_ - Deleted:7 authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002)ed., shall the CITY require that any part of the Wynstone Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 2g___RECAPTURE AGREEMENTS.------------------------------------ Deleted:is Deleted:A. Bmefitine the Wmmane A Encumbering the Wvnstone Nouertv. Exce t as otherwise ex ressl ovided in this rye see seaim so.E ermis X-- - - p------ --pess. L-_------_ agm mt.¶ Agreement, there are currently no recapture agreements or recapture ordinances - Deleted:n affecting public utilities which will be utilized to service the Wynstone Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors,upon connection of the Wynstone 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 effect the Wynstone Property. gl_ ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the__.- DdeDM:l9 development of the Wynstone Property DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Wynstone Property in accordance with the Preliminary Plan, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be home by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Wynstone Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Wynstone Property as reflected on the Preliminary Plat and in this Agreement, the CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be home by DEVELOPER. 11 Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein. a. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER SHALL grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville. b. Within 30 days of a written request from the United City of Yorkville,which includes legal descriptions and exhibits as necessary,the OWNER or DEVELOPER SHALL convey by Warranty Deed,fee simple title of future highway or road right of way to the United City of Yorkville as necessary,regardless of whether or not these right of way needs have been previously identified in this agreement. Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 2,__ DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall_ - Deleted:o develop the Wynstone Property as a subdivision to be commonly known as Wynstone Subdivision in accordance with the Concept PUT)Plan approved by the CITY in accordance with the terms hereof, and shall not,as either the OWNER or DEVELOPER of said property,petition to disconnect any portion or all of said property from the CITY. 2 CONFLICT IN REGULATIONS. TheprovisionsofthisAEeementshallsupersede_--- Deleted:i the provisions of any ordinance,code,or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24,__ ANNEXATION FEE. The CITY hereby confirms and agrees that,since the Property_--- Deleted:2 has been annexed to the CITY since 2000,no annexation fee shall become due orpayable regarding the Property,except as otherwise provided in this Agreement. 2!� _ GENERAL PROVISIONS. Deleted:3 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,DEVELOPER and their successors in title and interest,and upon the CITY,and any successor municipalities of the CITY. It is understood and agreed 12 that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, 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: (i) If to OWNER and/or DEVELOPER: SB & WD, LLC 605 Lindsay Circle North Aurora, IL. 60542 Attn: Richard M. Guerard Fax: (630) 966-1006 with a copy to: Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 13 with a copy to: John Wyeth, Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 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 (1998 ed.). 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, OWNER, and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Wynstone 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 parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Wynstone Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Wynstone 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 or DEVELOPER to sell or convey all or any portion of the Wynstone Property, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, DEVELOPER, and their successors or assigns, to develop the Wynstone 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. 1. Term of Agreement. The term of this Agreement shall be twenty (20) years. 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 DEVELOPER/OWNER. 14 J. CWtions 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. J. Recordine. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. K. 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. L. Counterpart s. 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. M. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened 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, or Yorkville-Bristol Sanitary District. N. Highway 47. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to the entrance into the development from State Highway 47. 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. 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 Wynstone Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. 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 & OWNER: CITY: SB & WD, L.L.C., UNITED CITY OF YORKVILLE, an 15 an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: 16 LIST OF EXHIBITS EXHIBIT"A": Legal Description of Wynstone Property EXHIBIT"B": Preliminary PUD Plan c -- Deleted:Depiction and Legal EXHIBIT"C Design Desi Standard$ ----" Descriptions of Zoning Parcels¶ .. ----------------------------- -- Deleted:Preliminary PDD Plan EXHIBIT"D": Permitted Variations Deleted:Development Fee List¶ EXHIBIT"E": Development Fee Lis(. _ Deleted: Pmminedvariationaand Design Stoll& EXHIBIT"F": Form Letter of Credit EXHIBIT"H": Project Signage -- Deleted:EXHIBIT"I": Recapture "-------------- - Improvements¶ Exhibit "A" Legal Description THAT PART OF THE NORTHWEST QUARTER OF SECTION 9 TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER 569 20 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 THENCE SOUTH 35 DEGREES,00 MINUTES,00 SECONDS EAST,ALONG SAID CENTERLINE, 1062.70 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT All THENCE NORTH 35 DEGREES,00 MINUTES,00 SECONDS WEST, ALONG SAID CENTERLINE,597 50 FEET;THENCE NORTH 52 DEGREES, 50 MINUTES,00 SECONDS EAST,265 00 FEET FOR THE POINT OF BEGINNING;THENCE SOUTH 35 DEGREES,00 MINUTES, 00 SECONDS EAST, PARALLEL WITH SAID CENTERLINE, 543.13 FEET TO A LINE DRAWN NORTH 41 DEGREES,20 MINUTES,00 SECONDS EAST FROM POINT"Ali;THENCE NORTH 41 DEGREES, 20 MINUTES,00 SECONDS EAST, 633.61 FEET TO A SOUTHWESTERLY LINE OF "OAK HILL FARM" (AS OCCUPIED AND MONUMENTED) AS SHOWN IN A PLAT RECORDED IN PLAT BOOK 5,AT PAGE 16; THENCE NORTH 53 DEGREES, 33 MINUTES, 06 SECONDS WEST,ALONG SAID SOUTHWESTERLY LINE, 684.96 FEET TO AN ANGLE POINT THERIN;THENCE NORTH 13 DEGREES, 10 MINUTES, 12 SECONDS WEST,ALONG A WESTERLY LINE OF SAID OAK HILL FARM 41.45 FEET TO THE SOUTHEAST CORNER"WALNUT RIDGE,KENDALL TOWNSHIP,KENDALL COUNTY r ILLINOIS'; THENCE SOUTH 71 DEGREES,40 MINUTES,28 SECONDS WEST,ALONG THE SOUTH LINE OF SAID WALNUT RIDGE,A DISTANCE OF 179.88 FEET TO A SOUTHWEST CORNER OF THEREOF; THENCE NORTH 18 DEGREES, 19 MINUTES, 32 SECONDS WEST,ALONG SAID SOUTH LINE, 15.90 FEET;THENCE SOUTH 71 DEGREES,40 MINUTES, 28 SECONDS WEST, ALONG SAID SOUTH LINE,BEING AI SO THE NORTHERLY LINE OF A TRACT CONVEYED TO GERRIT AND SELMA IRENE HALBESMA BY DEED RECORDED-MAY 1, 1941 IN DEED BOOK 79 AT PAGE 597, A DISTANCE OF 256.17 FEET TO A LINE DRAWN NORTH 35 DEGREES,00 MINUTES,00 SECONDS WEST,PAPALLEL WITH SAID CENTERLINE,FROM THE POINT OF BEGINNING; THENCE SOUTH 35 DEGREES,00 MINUTES,00 SECONDS EAST,434.77 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP,KENDALL COUNTY, ILLINOIS. YY 9a,-.sES-a. e _ iaf•sa_- 13y Y P t � YFR of 3 .k3a 3 is a , {pa.<P:?F a V m a O u s IZ- r I�/Lti 00 W � J / � Y / 1 ' P / W ! / K � / Ilk* J fe jr t- � m N K �Z CL Y uJ VVV W O N � ° o 0 0 ° pa o 0 e � e / 4 / g / / m Y / GG / C19 / w / 1 M V RA3 e� IN T / Nvlc EXHIBIT `C' — DESIGN STANDARDS Wynstone Townhomes 1 , Square Footage Unit A Main floor 621 13 units Upper floor 911 Total 1 ,532 Unit B Lower floor 878 13 units Main floor 1 420 Total 29298 Unit C Lower floor 409 36 units Main floor 812 Upper floor 812 Total 2,033 Average Square Footage: 1 ,984 2. Masonry Products shall be incorporated on the front fagade of 100% of the buildings and all sides. 3 . Approximately 75% Premium Siding material on the front fagade (100% of the 75% being masonry) 4. Partial Premium Siding material of masonry on all sides of Townhomes. 5. Major Architectural Features: a. All units with covered porches b. Decorative Dormers on rear fagade c. Rear balconies with decks 6. All units with two car garages. 7. Fagade variations and a side-load street front unit 8. Parking in rear of buildings, screened from streets by design. 9. Landscaping plan for each unit to be provided at Final Plan. \ \ � \\ e \ \ > } > < \ }rib :,V1 ? R*\ � o \ OF, - � * � « ƒ _ 7 : , § `Itp; A i di4 ;' lid rtnv �� I 1 b � �A �nY � .NI • ttAl4` it �OV Ail I �! os Q Z r EXHIBT D PERMITTED VARIATIONS AND DESIGN STANDARDS I. Permitted Variations to Zoning Ordinance: a. Section 12. 15.5: Sign Code i. Increase sign face area and height standards to comply with the standards set forth in Exhibit "H" attached thereto b. PUD for 56 attached townhome units with common area and building envelopes in substantial conformance with the Preliminary Plan (Exhibit B-1 and B-2). II. Permitted Variations to Subdivision Ordinance: a. PUD for 56 attached townhome units with common area and building envelopes in substantial conformance with the Preliminary Plan (Exhibit B-1 and B-2). b. 8-feet of"bounce" in the detention area — total varies from 0 to 8 feet c. Porches can encroach into the setbacks case by case basis to allow flexibility to move buildings around to save trees. d. 3: 1 backslope and 4: 1 foreslope on the pond — helps reduce the impact of the meandering berm to save trees. e. 10-year event does not have to be stored in the first 2-feet of the pond, this would force the pond to be bigger thus eliminating more trees since the "foot print' of 2-foot of depth in this pond is small. III. Permitted Variations for Signage: a. The provisions of the Zoning Ordinance are hereby varied as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 15 of this Agreement and I Exhibit "H" attached hereto. Exhibit E United City of Yorkville Fee Schedule Fee Type Fee Timing of Payment Fire District Development Impact Fee $1000 / unit Building Permit (Note: This fee is not "locke ' by this agreement.) Library Dev. Impact Fee $500/unit Building Permit Engineering Dev. Impact Fee $100/unit Building Permit Municipal Building Dev. Impact Fee $5,509/unit if paid at bldg permit Building Permit $3,288/unit if pre-paid at first final plat or Pre-Paid at Final Plat Parks & Recreation Dev. Impact Fee $50/unit Building Permit Police Dev. Impact Fee $300/unit Buildijj& Permit Public Works Dev. Impact Fee $700/unit Building Permit Review Fees Actual City Costs Incurred Developer to reimburse as costs are incurred Coordination Fee .35% of approved engineer's cost Final Plat estimate for land improvements Administration Fee 1 .75% of approved engineer's cost Final Plat estimate for land improvements School District Transition Fee $3,000/unit Paid to School District prior to application for Building Permit Building Permit Fees Calculated based upon $650 per house plus Building Permit $.20 per square foot area of house as defined by City Public Walks/Driveway Inspection Fee $35/unit Building Permit Weather Warning Siren Fee $75/acre Final Plat Water Connection Fee $3,171/unit Building Permit Water Meter Costs Vary based on current City Fees Building Permit (Note: This fee is not "locked" by this agreement.) (currently $390 City Sanitary Sewer Connection Fee $2000/unit SF/MF Building Permit Water and Sewer Inspection Fee $25/unit Building Permit Yorkville Bristol Sanitary District $3,660/acre At time of annexation to Annexation Fee Sanitary District (Note: This fee is not "locked" by this agreement.) Yorkville Bristol Sanitary District $1 ,400/unit Building Permit, Paid by Connection Fee separate check to YBSD (Note: This fee is not "lockecf' by this agreement.) Yorkville Bristol Infrastructure $3,660/acre At time of]EPA permitting Participation Fee unless otherwise agreed to by (Note: This fee is not "locked" by this agreement.) YBSD Yorkville Bristol Permit Review Fee $.50 per LF of 8" diameter or larger sanitary Due at permitting. (Note: This fee is not "locked" by this agreement.) I sewer or $800 minimum (whichever is more) Park Land Cash Contribution 1 $124,230.00 First Final Plat School Land Cash Contribution I $ 1 ,494.49/unit Building Permit (Letterhead of a Bank, Savings and Loan or Mortgage House) 20 Mayor and Aldermen City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Subdivision Name Letter of Credit No. For Account of Amount Date Gentlemen: The undersigned by its' duly (name of financial institution) (name bt tale) authorized agent„ hereby establishes and issues this Irrevocable Letter of Credit in Ivor of the City of Yorkville in the amount of S . which represents 110% of the cost of the improvements described herein. Such credit is available to be drawn upon by said City upon presentation to this bank ofyour demand for payment accompanies by a copy ofthis Letter ofCreBit. This Letter of Credit is issued for the purpose of securing and paying for the installation of the following public improvements in the aforesaid subdivision: DIVISION "A" - SANITARY SEWERS (engineer's estimate 1 DIVISION "B" - WATER MAIN (engineer's estimate 7 DMSION "C" - STORM SEWERS (enginecr's estimate = DIVISION "D" - STREETS (engineer's estimate = DIVISION "E" - DETENTION BASIN (engineer's estimate � l DIVISION "F" - MISC. IlvwROVEMENTS (engineer's estimate m 1 Total engineer's estimate = The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate. The development is legally described as follows: See Attached Exhibit "A" Said public improvements shall be constructed by our customer, in (subdivider) accordance with the plans, specifications, completion schedules and cost estimates prepared by (subdivider's engineer) The undersigned agrees that this Irrevocable Letter ofCredit shall remain in fiili farce and effect and pertain to any and all amendments or modifications which may be made from time to time to the plans, specifications and cost estimated for said modifications. This Irrevocable Letter of Credit shall expire on , 20., provided, however, the undersigned shall not* the City Clark by cerdfled or registered mail, return receipt requested, at least ninety (90) days prior to said expiration date, that said Latter of Credit is about to expire. In no event shall this Irrevocable Latter ofCredit or the obligations contained herein expire accept upon said prior written notice, it being expressly agreed by the undersigned that the above expiration date shall be extended as required to comply with this notice provision. This Irrevocable Letter of Credit shall remain in effect until 20_, without regard to (expiation date) any default in payment of money owed to the issuer by our customer and without regard to other claims which the Issuer may have against our customer, and in no event shall terminate without notice as specified above. This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration date by submitting a new Letter of Credit to the same form and substance as this Letter of Credit to the City Clerk in an amount equal to 110% of the estimated cost, to complete and pay for the shave described improvements. . It is agreed that the following shall be considered a defauh by our customer and shall entitle the City to make demand on this Letter of Credit: 1 . that said Letter of Credit will expire within thirty (30) days and has not been renewed; or 2, that the aforesaid improvements have not been completed by the subdivider at least thirty (3o) days prior to the aforesaid expiration date; or 3 . that the owner and/or subdivider has failed to complete or carry on the work of the installation and construction of the required improvements in accordance with the schedule, or at a faster pace if the installation of the private improvements shall be completed before public improvements to service them are available; or 4. that the City of Yorkville has determined that the owner and/or subdivider has demonstrated that they will be unable to complete the improvement; or 5 . that the City of Yorkville has determined that the public improvements or other improvements covered by this commitment have been or are likely to be the subject of liens or other claims by contractors, subcontractors or third parties; or 6. that if more funds are disbursed at this time on order of the owner and/or subdivider insufficient fiends will .remain irrevocably committed to guarantee the completion of all improvements, and such certification indicates that the owner and/or subdivider has been notified that the municipality finds that a breach of the owner's and/or subdivider's obligations has occurred and has not been cured within a period of thirty (30) days. The Issuer's obligation to the City is based solely on this Irrevocable Letter of Credit engagement between this financial institution and the City and is not subject to instructions from our customer. It is recognized that the City has directed our customer to proceed with the construction of public improvements upon the guarantee of this irrevocable commitment. It is ftuther acknowledged that the consideration for this irrevocable commitment is provided by agreements between this financial institution and our customer. This Irrevocable Letter of Credit sets forth in full the terms ufthis undertakingbetween the Issuer and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shell it be limited by reference to any documents, instrument or agreement referred to herein, and any such reference shell not be deemed to incorporate herein by reference any document, instrument or agreement. Demands on this Letter of Credit shall.be made by presenting the Issuer with a letter from the City Clerk ofthe City of Yorkville demanding payment wcompaniedby the certificate ofthe City Clerk of the City of Yorkville certifying the basis for the default and demand on this Letter of Credit. The undersigned agrees that this Letter of Credit @hall not be reduced or discharged except upon receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Letter of Credit may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this Letter of Credit lees any amount which is discharged upon certificate of the City Clerk; Provided however, the outstanding balance ofthis Latter of Credit shall not be reduced to less than 25% of the approved engineer" s estimate upon which this Letter of Credit is based until the City Council accepts the aforementioned improvemers and a certificate of the City Clark certifying that the Letter of Credit has been released by the City Council ofthe City. Ali acts, requirements and other preconditions for the issuance of this Irrevocable Letter of Credit have been completed. The undersigned further agrees and engages that it will be responsible and liable for attorney fees and court costs which may be incurred by the City in enforcing collection of this Letter of Credit in accordance with its' terms. We hereby engage with you that all demands for payment in conformity with the terms of this Irrevocable Letter of Credit will be duly honored on presentation to us prior to expiration of this Letter of Credit. BY: ATTEST: Name: Name: Title: Title: STATE OF ILLINOIS) ) SS COUNTY OF _ I L the undersigned, a Notary Public in and for the County and State aforesaid, do hereby catiry that personally known to me to be the of the (title) and personally known to me to be the (name ofinstitutlon) (title) of said institution, and who are personally known to me to be the same persons whose names are subscribed tb the foregoing Latter of Credit as such and (title) (title) respectively, and caused the corporate seal of said to be affoced thereto (name of institution) pursuant to authority given by the Board ofDirectors thereof as their free and voluntary acts and as the free and voluntary act and deed of said institution. Given under my hand and official seal this _ day of 20_ .SEAL Notary public F� 5 EXHIBIT "H" PROJECT SIGNAGE I. Onsite Project Identification Signs: 1 . Number: 3 2. Maximum Height: 20 Feet 3 . Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER II. Onsite Model Home Signs: 1 . Number: 1 sign for each model home 2. Maximum Height: 6 Feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5 . Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER III. Onsite Directional and information Signs: 1 . Number: No maximum number 2. Maximum Height: 6 Feet 3 . Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by DEVELOPER IV. Onsite Sales or Marketing Signs/Flags: 1 . Number: 12 2. Maximum Height: 10 Feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5 . Illumination: Permitted 6. Location: As from time to time determined by DEVELOPER V. Offsite Sales & Project Identification Signs. 1 . Number: 3 2. Maximum Height: 20 Feet 3 . Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted H-1 6. Minimum Setback from Property Line: 5 feet 7. Location: At Route 47 and new access to Project built by DEVELOPER as a part of the Project. As from time to time determined by DEVELOPER. V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the CITY Sign Ordinance and Subdivision Ordinance, or as otherwise approved by the CITY Council or Building and Zoning Officer upon request by DEVELOPER. Permanent entry monument signs and treatments shall not be located in public right-of-way and shall have adequate separation from underground utilities. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit "If", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the Subject Property as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. UARMG\Pending Projects\yorkvilletownhome\Yorkwood Est Exhibit Moe II-2 i I i I i Revised March 29, 2000 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL y i 0008080 06/16/2000 12t03P 1 of 4 PauL Anderson, Kendall County, IL acardsr - - I i ORDINANCE No. 2o0o-) ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF YORKVILLE, KENDAL I COUNTY ILLINOIS i WHEREAS, JUDITH I. BELL, IENNIE Ivf. MULVEY, and RICHARD HUSTON, "OWNERS", as record owners in fee simple of a tract of real property contiguo to THE UNITED CITY OF YORKVILLE, have heretofore submitted a Petition for Annexation of said i property; and i I WHEREAS, the development and annexation of said land has been cons: eyed by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in it best interests to I annex the said land described in said Petition for Annexation to THE UNITED ITY OF i YORKVILLE; and 1 WHEREAS, the Petitioners are the Owners of Record of said property ar d no electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of saic property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all resp cis is presented - I- i ' 1 in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Cod , being 65 ILCS 5111-I5.1-1 et. seq. WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any other municipality; and WHEREAS, the statutes provide that upon property affirmative vote of a majority of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: Section : That the real property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: See Attached Legal Description Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. ct' n 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be, and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed, which map shall be certified as to its correctness. Section 4• That the property described in Exhibit "A" is hereby annexed and zoned as follows: B-3 Service Business District subject to compliance with terms, conditions contained in the Annexation Agreement entered into between the parties; and that the property described in I „ I I . I Exhibit "W is hereby annexed and zoned as R-3 General Residence District subject to compliance with terms, conditions contained in the Annexation Agreement entered into between I the parties. Section : That all Ordinances or portion of Ordinances in conflict herewith be, and they are hereby repealed insofar as such conflict exists. Section : That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the mayor and the recording by t Recorder of Deeds of Kendall County, Illinois, as herein provided, this may of 2000. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON v VALERIE BURD !//� ROSE SPEARS LARRY KOT //� THOMAS SOWINSKi APPROVED by me, as ayor of the United City of Yorkville, Kendall County, Illinois, this ��ayof_,��, A.D. 202 . i MAYOR -3- PASSEL] by tthhe-Ci/t/ny Council of the United City of Yorkville, Kendall County, Illinois thistday oEF r MILL, A. ! Attest: ...p M ), l J40, ,,sue?n7 CITY CLERK i I Prepared by: , Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 _ I i i •d- i I i I i f i 1 LEGAL DESCRIPTION i R3 General Residence District Parcel: i I That part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest Comer of said Northwest Quarter•, thence South, along the West Line of said Northwest Quarter, 569.20 feet to the centerline of Illinois State Route No. 47; thence South 35°00'00" East, along said centerline, 1062.70 feet to a point hereinafter referred to as "Point A'; thence North 35 000100" West, along said centerline, 597.50 feet; thence North 52 '50'00" East, 265.0 feet for the point of beginning; thence South 35°00'00" East, parallel with said centerline, 543.13 feet tq a line drawn North 41020'00" East from Point "X'; thence North 41 '20'00" East, 633.61 feet to a Southwesterly Line of"Oak Hill FarnV (as occupied and monumented) as shown in a plat recorded in PIat Book 5 at Page 16; thence North 53 033'06" West, along said Southwesterly Line, 684.96 feet to an angle point therein; thence North 13°10'12" West, along a Westerly Line of said Oak Hill Farm, 41.45 feet to the Southeast Comer "Walnut Ridge, Kendall Township, Kendall County, Illinois'; thence South 71240'28" West, along the South Line of said Walnut Ridge, a distance of 179.88 feet to a Southwest Comer of thereof; thence North 18' 19'32" West, along said South Line, 15.90 feet; thence South 71 °40'28" West, along said South Line, being also the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma by Deed recorded May 1, 1941 in Deed Book 79 at Page 597, a distance of 256.17 feet to a line drawn North 35°00'00" West, parallel with said centerline, from the point of beginning; thence South 35°00'00" East, 434.77 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 9,648 acres. LEGAL DESCRIPTION B-3 Service Business District Parcel: That part of the Northeast Quarter of Section Sand part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest Corner of said Northwest Quarter; thence South, along the 'West I Line of said Northwest Quarter A9.20 feet to the centerline of Illinois State Route No. 47; thence South 35 000'00" East, along said centerline, 465.20 feet for the point of beginning; thence North 52050'00" East, 265.0 feet; thence North 35°00'00" West, parallel with said centerline, 434.77 feet to the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma be Decd recorded May 1 , 1941 in Deed Book 79 at Page 597; thence South 71 °40'28" West, along said Northerly Line, 276.43 feet to said centerline of Illinois State Route No. 47; thence South 35 '00'00" East, along said centerline, 524.11 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.915 acres. I i I i I F February 22, 2000 STATE. OF ILLINOIS ) ) ss COUNTY OF KENDALL } ORDINANCE NO, 2000-4 AN ORDINANCE AUTHORIZING THE EXECUTION OF ANNEXATION AGREEMENT OF JUDITH I. BELL, JENNIE M. yIULVEY, and RICHARD HUSTON, OWNERS WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation and development of the real property described in Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to entered into said Agreement and to perform the obligations as required hereunder, and WHEREAS, the statutory procedures provided in 65 ILCS 5111 -15-1 , as amended, for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is contiguous to the United City of Yorkville: - 1- NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVIILLE, KENDALL COUNTY, ILLINOIS. AS FOLLOWS: Section I : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation and development of the real property described therein, a copy ofwhich Annexation Agreement is attached hereto and made a part hereof as Exhibit "B". Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVEDby e, as Mayor ofthe United City ofYorkville, Kendall County, Illinois, this i-Aay of A.D. 2001. MAYOR _2_ J ti l F j I I PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this L�dayof� 1` A.D. 200L, Attest: qh CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, IL 60560 630-553.9500 -3- LEGAL DESCRIPTION That part of the Northeast quarter of Section 8 and pan of the Northwest quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: commencing at the Northwest comer of said Northwest quarter; thence South along the West line of said Northwest quarter 5692 feet to the center line of State Route No. 47; thence North 35° West along said center line 55.13 feet (this point hereinafter referred to as point "A"); thence South 350 East along said center line of State Route No. 47, 1117.93 feet (this point hereinafter referred to as point "Et'); thence North 35° West along said center line 372.5 feet; thence North 520 50' East 265 feet for the point of beginning; thence South 35* East, parallel with the center line of said State Route No. 47, 317.83 feet to a line drawn North 410 20' East from said point "B"; thence North 41 ° 20' East along said Iine 635.5 feet to a point North 41 ° 20' East 906 feet from said point `B"' thence North 53 ° 30' West 686.7 feet; thence North 140 15' West 56.8 feet to a line drawn North 71 ° 53' East from said point "A '; thence South 71 ° 53' West 713.8 feet to said point "A'; thence South 35° East along the center line of said State Route 47, 520.33 feet; thence North 52° 50' East 265 feet; thence South 35° East, parallel with the center line of said State Route No. 47, 225 feet to the point of beginning; in the Township of Kendall, Kendall County, Illinois. l i I i I I I frr Revised Apri13, 2000 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) ANNEXATION ACREF,MENT OF JUDITH ly BELT JENNIE M MULVEY and RICHARD HUSTON This Annexation Agreement (hereinaftcr "Agreemenf), is made and•entered into this day of &rk , 20000 by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY" and JUDITH I. BELL, JENNIE M. MULVEY, and RICHARD HUSTON, hereinafter referred to as "OWNERS", WITNESSETH WHEREAS, OWNERS own fee simple interest to the real property which is. legally described in Exhibit "A" attached hereto, consisting of approximately 11564 acres, more or less (hereinafter"PROPERTY'7; and which is depicted in the Annexation Plat which is attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, it is the desire of OWNERS to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time B3 Service Business District as to the legal description contained in tire attached Exhibit "C'; and zoned R-3 General Residence District as to the real property contained in the legal description attached hereto as Exhibit "D": and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNERS and CITY have or will perform and execute all acts required by law to offectuate such annexation; and A- WHEREAS, it is the intent of OWNERS to provide that any future Developer shall design a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and transition landscaping shall be established to all adjoining transition or different zoning classifications on theperimeter ofthe subject real property being annexed hereto and between the zoning districts within the subject real property that is being annexed hereto in oonformanceedth the Landscape Ordinance of the UNITED CITY OF YORKVILLE and all requirements of the City Zoning Ordinance and the City Subdivision Control Ordinance in regard to transition buffers, transition setbacks, and transition landscaping; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNERS and CITY agree that upon Annexation to the CITY the subject PROPERTY shall be placed in a B-3 Service Business District as set out in the attached Exhibit"C"; and R-3 General Residence District as set out in the attached Exhibit °D'; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNERS and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 I ILLS 5/11 .15. 1 -1 through 15.1 -5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide forvarious other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 511 S-t 5- 1 .3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. 2 }4 F , , NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows.. 1 . ANNEXATION. OWNERS have or will file with the Clerk of the CITY a duly and properly executed verified petition pursuant to, and in accordance with the provisions of 65 ILCS'5/7-1-1 at seq, to annex the PROPERTY and any adjacent roadways not previously Annexed to the City of Yorkville. 2. ZONING. A. Contemporaneously with the Annexation of the subject•PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City ofYorkvilie Zoning Ordinance so as to provide that thePROPERTY shall be classified and shall zone the parcel as set out in Exhibit "C" as B-3 Service Business District; and zone the parcel as set out in Exhibit "D" as R-3 General Residence District. B. Contemporaneously with the Annexation ofthePROPERTY, theCITYshall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNERS and any future Developers agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five (5) years from the date of execution of this Agreement. After the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or, building codes, the same shall be applied to the subject property as duly passed by the UNT'I'ED CITY OF YORKVILLE. 36 ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT OWNERS and any future Developers agree to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville- Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District prior to approval of any Final Plat of Subdivision, orissuanee of any building pemtit on the subject real property by the UNITED CITY OF YORKVILLE; whichever first occurs. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Brisiol Sanitary District as set out in the attached Exhibit "E", which is attached hereto and incorporated herein by reference. Attached hereto and incorporated herein as Exhibit "F" is n -3- letter from the Yorkville School District indicating that it intends to recover acash contribution from OWNERS under the terms of the Land-Cash Ordinance in effect with the UNITED CITY_ OF YORKVILLE, rather than a contribution of land at the time of development. 4. DONATIONS AND CONTRIBUTIONS, A. OWNERS shall establish a Homeowner's Association for the purpose of owning and maintaining common areas, detention, and common signage in the Subdivision at the time OWNERS seeks approval of a7irst Final Plat of Subdivision for the subject PROPERTY, ifthereare such common elements. B. OWNERS shall further consent for themselves and all successors, heirs, and assigns to the creation of a back-up Special Tax Service Area for maintenance ofcommon areas, detention, and signago,by the UNITED CITY OF YORKVILLE in the event the Homeowners' Association faits to maintain the same if there are such common elements. Those documents shall be prepared and tendered to OWNERS prior to the time of approval of the first Final Plat of the subdivision. C. OWNERS have agreed to pay or have any future Developer pay on a voluntary basis the sum of One Thousand five Hundred Dollars ($1,500.00) as School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, OneThousand One Hundred Fifty Dollars ($1,150.00) in Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid per residential dwelling unit concurrent with and prior to the issuance of each respective subject _ residential building permit. Said fees are being paid voluntarily and with the consent of OWNERS and Developers based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNERS and any future Developers knowingly waive any claim or objection as to amount or the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property zoned for business purposes under the terms or this Agreement. D. OWNERS shall pay all school and park land-cash tees or provide land dedication as required under existing City Ordinances in effect at the time of approval of Final Plat of Subdivision by the UNITED CITY OF YORKVILLE. -4- i I I E. Land-Cash and School Transition Fee donations will only be imposed upon the residential zoned area of the subject real property being annexed. 5. OVERSIZING. In the event Developer is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNERS within 30 days of connection by the OWNERS of any other parcel of real property connecting to said improvements, for OWNERS' costs in oversizing said lines including costs fordeepening said lines and anyengineering fees, and other costs associated therewith. In the event the Developer seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage ofthe benefit to the OWNERS other than the Developers and including the service area effected. In the event any said oversizing is required, the CITY and OWNERS agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. Developer agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture or other fees imposed. b. TIME IS OF THE ESSENCE. It is understood and agreed by the panics hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDRdG EFFECT AND TERM This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including,but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (29) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations 5 li being the responsibility ofthe actual Developer of the subject parcel and/or future OWNERS of the subject parcel of real property at the time of development. i Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure ofanyparty of this Agreementto perform its obligations underthis Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/retum receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE . I l l W. Fox St., Ste, 3 Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNERS: Judith 1. Bell, JennieM. Mulvey, and Richard Huston c/o Attorney Robert Pilmer Pilmer & Barnhart 215 Hillcrest Ave., Ste. C P.O. Box 367 Yorkville, IL 60560 Copy to: Attorney Robert Pilmer Pilmer & Barnhart 215 Hillcrest Ave., Ste. C P.O. Box 367 Yorkville, IL 60560 9. eCQEEMENTTO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 6 \y , i f, 10, PARTIAL INVALIDITY OF AGREEMENT. if any provision of this Agreement(except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. if, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 11 . ))SF OF PROPERTY�OR FARMINGlZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. OWNERS shall be permitted to continue to rent out the existing single-family residence located on the subject parcel as a valid legal non-conforming use. 12. DCIAL ROAD ACC MS. OWNERS and any future Developers have agreedto provide awritten easement from the adjoining owner to the East providing an access easement through the private roadway going through the R-3 General Residence District development contained in the adjoining owner's approved Plat of Subdivision. No Final Plat shall be approved on the subject annexed property unless a written recorded Easement Agreement is made of record with that owner to the East, providing a guaranteed dual access to the subject property. 13. OWNERS agree on their behalf and that of their successors, heirs, and assigns that they will require any developer of the R-3 General Residence District areas to comply with the following standards in reference to architectural improvements on the R-3 General Residence District multi-family portion of the subject real property: A) Each unit constructed will have a minimum roof pitch of 6.1. B) Each unit constructed will have minimum front brick of 50%. C) Each unit constructed will have at least a one-car attached garage. 7 i IN WITNESS WHEREOF, the parties have executed this An nexation Agreement the day and ycu first above written. CITY: THE UNITED CITY OF YORKVILLE BY: 4d a 14C44* ' MAYOR Attest: 1b ,P yAA - JLr" CITY CLERK OWNERS: ITI[ I. BELL�� F M. MULVEY—Y RldiARD I4USTON Date executed: t tow PREPARI:U BY AND RETURN TO: Law Offects of Danie) J. Kramer 1107A S. Bridge Strcet Yorkville, lllinois 60560 630.553.9500 Y i I i i I i i i EXHIBIT LIST i Exhibit A Legal description Exhibit B Annexation Plat Exhibit C - B-3 Service Business District legal description Exhibit D R-3 General Residence District legal description Exhibit Yorkville-Bristol Facility Plan Area Map Exhibit F Yorkville School District letter -9- EXHIBIT A LEGAL DESCRIPTION That part of the Northeast quarter of Section 8 and part of the Northwest quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest comer of said Northwest quarter, thence South along the West line of said Northwest quarter 569.2 feet to the center line of State Route No. 47; thence North 35° West along said center line 55.13 feet (this point hereinafter referred to as point "A"); thence South 350 East along said center line of State Route No. 47, 1117.83 feet (this point hereinafter referred to as point "B"); thence North 35" West along said center line 372.5 feet; thence North 52' 50' East 265 feet for the point of beginning; thence South 35" East, parallel with the center line of said State Route No. 47, 317.83 feet to a line drawn North 41 ' 20' East from said point "B"; thence North 41 " 20' East along said line 635.5 feet to a point North 410 20' East 906 feet from said point "S"; thence North 53" 30' West686.7 feet; thence North 14 ° 15' West 56.8 feet to a line drawn North 71 " 53' East from said point "A"; thence South 710 53' West 713.8 feet to said point "A"; thence South 35" East along the center line of said State Route No. 47, 520.33 feet; thence North 52" 50' East 265 feet; thence South 350 East, parallel with the center line of said State Route No. 47, 225 feet to the point of beginning; in the Township of Kendall, Kendall County, Illinois. Y ,i tr i1 I I t t I EXHIBIT C i B-3 SERVICE BUSINESS DISTRICT LEGAL DESCRIPTION That part of the Northeast Quarter of Section 6 and part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest Comerof said Northwest Quarter; thence South, along the West Line of said Northwest Quarter 569.20 feet to the center-line of Illinois State Route No. 47; thence South 35° 00' 00" East, along said centerline, 465.20 feet for the point of beginning; thence North 52° 501000 East, 265.0 feet; thence North 350 00' 00" West, parallel with said centerline, 434.77 feet to the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma by Deed recorded May 10 1941 in Deed Book 79 at Page 597; thence South 710 40' 28" West, along said Northerly Line, 276.43 feet to said centerline of Illinois State Route No. 47; thence South 35' 00' 00" East, along said centerline, 524. 11 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.915 acres. EXHIBIT D R"3 GENERAL RESIDENCE DISTRICT LEGAL DESCRIPTION That part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described asfollows: Commencing atthe Northwest Comer of said Northwest Quarter, thence South, along the West Line of said Northwest Quarter, 569.20 feet to the centerline of Illinois State Route No. 47; thence South 35° 00'00" East, along said centerline, 1062.70 feet to a point hereinafter referred to as "Point A"; thence North 35" 00' 00" West, along said centerline, 597.50 feet; thence North 52" 50' 00" East, 265.0 feet for the point of beginning; thence South 35" 00' 00" East, parallel with said centertine, '543,13 feet to a line drawn North 410 20' 00" East from Point "A"; thence North 41 " 20' DO" East, 633.61 feet to a Southwesterly Line of "Oak Hill Farm" (as occupied and monumented) as shown in a plat recorded in Plat Book 5 at Page 16; thence North 53" 33' 06" West, along said Southwesterty Line, 684.96 feet to an angle point therein; thence North 13" 10' 12" West, along a Westerly Line of said Oak Hill Farm, 41 .45 feet to the Southeast Comer i' "Walnut Ridge, Kendall Township, Kendall County, Illinois"; thence South 71 " 40'28"Wast, along the South Line of said Walnut Ridge, a distance of 179.88 feet to a Southwest Cornerof thereof; thence North 18" 19' 32" West, along said South Line, 15.90 feet; thence South 71 " 40' 28" West, along said South Line, being also the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma by Deed recorded May 1 , 1941 in Deed Book 79 at Page 597, a distance of 256. 17 feet to a line drawn North 35" 00' 00" West, parallel with said centerline, from the point of beginning; thence South 35" 00' 00" East, 434.77 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 9.649 acres. low YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Parkway, Suite A, P. O, Dox 579 Yorkville, IL 60560-0579 j Telephone (630) 553.4382 Fax (630) 553.4398 YORKVILLE HIGH SCHOOL - 797C=e Farm Road Yohville, Illinois 60560 Telephane(630)5534360 YORxVILLEMIDDLESCHOOL 702 Game Farm Road Yorkville, Ninois(0WI T<lephone (630 55M385 INTH EDITER LVTERMEDIATE SCHOOL 40I All straw - February 29 , 2000 Yorkville, Rlimis 46560 Telephone (650) 55 4386 YOR ORAD L 701 Weil somo itrvet n Ois 60%0 Wephone (W) S143 90 - Mr . Daniel J . Kramer BRISTOL GRADE SCHOOL Attorney - City of Yorkville - 2) Hune Stmt 111 W , Foxf Suite 3 11.0, BOA l» Yorkville Bristol, Wool* HIO5$3 , IL 60560 Telephone (6x0553i3tl5 e RE : Subdivision Plat for Judith 1 . Bell , Jennie M . Mulvey, and Richard Huston on Route 47 , Kendall County, Illinois Yorkville Community Unit District 4115 requests the contributions for these two annexations be in the form of cash contributions . Si ao-r-ely , Dr . Thomas D . Engler superintendent oV• c.,e,fe,N - W � 115 $� � I �' Br ww• �� Cx60 5e�( I ONION 2 OO o ® moy4 p _o W in T ` ZSJ � MAO rt ^ �c U S8 H N N_ VWS C� 7M ti L LU`IJJ ` 9 ;• W �► X w cn w LLM .JI Z a f V _ °' Q Qom►„ o a Or v > J \ ® 0 w Y 1: n. � Za ® V aoa LU > W r r og x > o {U [G w V z Lin >m ~ J > Q r LAJ o L{, x w a- ?r, LU x !"R. 4\' ' I � r IJ I 0 : ] ' �-�.0 :ny�� '� .rl ' d``� �' ��'•.nJ4 7. i Y � ' o •J i'"R': : \ N, .\ No 07 0 ol IN �:' . ... . h r• \ \-SQL g x [7� ' �, / • � (,, 1111 •t •ff��". � I IJ a 0 04 to I • u .7/�. . {/ � :n ' '. c i 1 t ' i� .• (... - it J I r ,n —��•---'1—� 'r it�r� i�� ■ r�Yr r�w r ro ae� r 1 Fob of x • • . I Win .1.11.19 `,,,o,D C/r` Reviewed By: Agenda Item Number J`� c 0 Legal El r. ESL 1936 Finance F] 1 _ Engineer ❑ d -- w City Administrator ❑ Tracking Number Consultant ❑ Human Resources ❑ PC 2007-13 (ZBA) City Council Agenda Item Summary Memo Title: Yorkville Congregational Church—Variance Request to Allow Electric Message Board City Council/COW Agenda Date: June 19,2007 Synopsis: Request for variance to allow an electric message board to replace an existing sign . (variance to Code 8-11-3 Paragraph C and E) Council Action Previously Taken: Date of Action: None Action Taken: N/A Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report prepared by Anna Kurtzman June 7, 2007 0 Cl,- United City of Yorkville J o T County Seat of Kendall County ES r. 1 � 1036 800 Game Farm Road _ Yorkville, Illinois, 60560 Telephone: 630-553-4350 0 a 20 Fax: 630-553-7264 Website: www.vorkville.il.us TO: City Council June 7, 2007 FROM: Anna B. Kurtzman,AICP SUBJECT: Sign Variance Request 409 Center Parkway(Yorkville Congregational Church CASE#PC 2007-13ZBA ZBA RECOMMENDATION: After conducting a public hearing on Wednesday,June 6, 2007,the Zoning Board of Appeals(ZBA) made the following recommendation to the City Council(Vote: 2-1-1): To approve PC 2007-13 ZBA with the following conditions: 1. The sign not be illuminated between the hours of 10:00 PM and 6:OOAM, 2. Allow the message board to display up to two (2) separate messages in any given day, and 3. No animated or scrolling messages be allowed to be displayed. REQUEST: The applicant,Yorkville Congregational Church,owns the approximately 4.3 acre property at the northwest corner of Countryside Parkway and Center Parkway. This lot is zoned R-2(Single Family Residence District).The applicant is seeking relief from Section 8-11-3 C and E of the Municipal Code. These sections of the code states that,moving,rotating,animated, flashing signs and message boards are prohibited signs. The applicant is seeking to replace a message board with manually replaced messages with an electronic message board. SITE CONDITIONS: This site is improved with a church(approximately 17,600 sq ft),associated parking lot,and a ground sign(measuring approximately 5 feet tall by 8 feet across for a total of 40 sq ft of signage). The sign, if approved,would use the existing stonework to help anchor it and to provide some decorative relief. The base stonework is approximately 1 foot tall and therefore the total height of the entire sign would be six feet tall, and would not exceed the maximum height requirement for a ground sign. The surrounding properties are zoned and used as indicated below: Zoning Use North R-2 Single family detached residences South R-4 Attached residences East R-2 Single famil y detached residences West R-2 Single family detached residences City Council Case #PC2007- 13ZBA June 7, 2007 Page 2 of 3 PUBLIC HEARING: On Wednesday, June 6, 2007, the Zoning Board of Appeals conducted a public hearing regarding the above case. Two representatives from the Church presented the request to replace the existing non- electronic message board with an electronic message board. Although no one from the public was at this meeting it was noted that there had been a gentleman present at the previous meeting (that meeting was cancelled due to a lack of a quorum) who had indicated that he had concern regarding the proposal. He was advised that he could return to the June 6th meeting and/or provide written testimony if he so chose. No testimony, other than the applicant's was provided. The applicant did share that they had spoken to the gentleman and that his concern was that the sign would shine into his house. The applicant stated that they had determined, that the gentleman's house was further west and thus behind the sign. Therefore, they didn't see how the sign would shine into his house. The Board discussed illumination and the potential impact it might have on residences. It was through this discussion that the Board came up with their recommended condition to limit the hours that the sign be illuminated (sign not be illuminated from 10:00 PM to 6:00 AM). The Board also discussed the fact that they felt the intent of the sign code is, in part, to avoid a "Los Vegas" style lighting situation. In other words, limit the amount of bright, attention grabbing (via constantly scrolling and/or being animated) signs. This led to the discussion regarding how many messages to allow to be displayed and how often the message can be altered. The applicant indicated that the primary purpose of the sign is to announce both routine and special events (such as times of worship and community dinners). To allow the Church the flexibility of advertising both routine and special events they decided to recommend allowing up to two messages to be displayed on any given day. Prior to closing the hearing the Board reviewed the standards for granting a variance and determined: 1. any unique physical property of the land involved, The ZBA determined that there is nothing unique about the property that would impact the need for an electronic message board. 2. the available locations for adequate signing on the property, The Board determined that there is adequate area on this property to locate signage. 3. the effect of the proposed sign on pedestrian and motor traffic, The Board indicated that, if the message was not scrolling or animated that it would not cause an adverse impact on pedestrian and motorized traffic. 4. the cost to the applicant of complying with this chapter as opposed to the detriment, if any, to the public from the granting of the variance, and The ZBA indicated that they did not think there would be an adverse financial impact to the public if the variance were to be granted. City Council Case #PC2007-13ZBA June 7, 2007 Page 3 of 3 5. general intent of this chapter. The Board indicated that the electronic message board, by itself, would not meet the intent of the code as it has the ability to scroll and/or have animated messages. The Board further decided that, if the scrolling/animated aspects of the sign were eliminated that the intent of the chapter could be met. DECISSION Per the provisions of the Sign Code the ZBA is an advisory board to the City Council. Therefore the City Council will need to determine if they concur with the ZBA's recommendation to approve, with conditions, the applicant's request for an electronic message board. If the City Council decides to approve the variance (with or without conditions) then the Council should direct staff to prepare a resolution documenting the City Council's actions regarding this case. tabk Attachments C: W. Dettmer, G. Williams, T. Miller, D. Zarate, J. Drew Filename: \\Coyserver\User Foldem\AKurtzman\My Documents\ZBA\409 Center Pkwy - Congregtional ChurcMCC Report 6-7-07.doc J .r United City of Yorkville County Sea( of Kendall County EST. ,� 1835 6OD Game Farm Road N Yorkville, Illinois 60560 p ®� D \ 0 Phone: 630-553-4350 Fax: 630.553-7575 fp�L LE `vv PC # APPLICATION VARIANCE REQUEST Date of Submission: 3 q 077 I . Name ofPetitioner(s): YORK10ILLI5 CCNGREC4T1()NA CMO CH Address: 40(1 C A1TCR {PARKWAY � Y® RKW E ' Phone Number: "po 553 — . 7300 Fax Number: 2. Name of holder of legal title, if different from 91 : YoKt4V LLL CONGROAiIMAL ChURC14 3 . If legal title is held in a land trust, list the names of all holders of any beneficial interest therein: 4. a. Street address and physical location of subject property: 09 CC&! Pf4 R KWAY, Al o W CORNER OE CatEg Me KWAY 10000 RY S106 AWMY b. Proposed name of subdivision (if any): c. Legal description of property for which zoning variance is sought PT ELK 4 cvunl-rKYC O D E CEN °E A WJIT q (If more space is needed, attach as "Exhibit A".) d. Kendall County Parcel Number(s) of property for which variance is sought: 02 — Zq — 226" — 0I8 5 . Names and addresses of any adjoining or contiguous landowners and property owners within 250' of subject parcel for which variance is requested entitled to notice of petition under any applicable City ordinance or State Statute: (Attach a separate list as "Exhibit B".) 6. State the variance requested and the City ordinance including the section numbers to be varied: TO ALLOW 81k) rLECT ROhtIC MESSAGE WARD T'6 REPLACE AN EX15-TIN6 S ( GLL PR E031TEO SiGAIS 3 +BAR G. R ifif-0 C Ck E Page I of 3 United City ofYorkvilie Variance Request Application Revised: 2/27/04 7. Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: DA R 1991 _,ZA 13 8 TE t 614 w i9 c KL a DR IUC , Y69 KViLLI° 553 - ZR +4 3 - a1M DREW 132 RtCKARD M E OSWEGO , ALL 60543 554 _ 88gq Attorney: Name: Address: Phone Number: Fax Number: 8 . Submit application with a filing fee in the amount of $85 .00. Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including 'a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. 9. Submit 35 copies of each of the application, proposed drawings, location map, site plan, and any other pertinent materials to the Clerk's Office. Large items must be folded to fit in a 10" x 13" envelope. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct: Petitioner(s) (Legal property owners signature must appear on this application.) aDah64 ( cHugch T2vseE) Subscribed and sworn before me this a06 day of N( 1WC 200• `7 . q Public [ OFF ICIAL SEAL LISA PICKERING NOTARY PUBLIC . STATE OF B.L NW MY COMMW1ON EXPIRES.12M3@9 Notary Stamp THIS APPLICATION MUST BE NOTARIZED. Page 2 of 3 United City of Yorkville Variance Request Application Revised: 2/27/04 VARIANCE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees and all pertinent materials to the Deputy Clerk. Upon receipt the variance request will be forwarded to the Zoning Official for review and to coordinate setting a meeting date for the public hearing in front of the Zoning Board of Appeals. Note: You must present your request at each of the meetings below as indicated Step 2 : Zoning Board of Appeals: The Zoning Board of Appeals meets on an as needed basis in the City Council Chambers. The Zoning Board of Appeals will make its recommendation to the City Council in writing within 30 days of the public hearing. The Zoning Board of Appeals consists of 7 members appointed by the Mayor. A Public Hearing will be held at this time for the variance request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 250 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 3: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The request will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 4: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the neat scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560_ Date: � ZO 0"7 2UtJlt� Page 3 of 3 United City ofYorlmlle Variance Request Application Revised: 227/04 ® Sept 12, 2006 630-407-0802 Fax 630-407-0805 www.ChicagoSigns @aol.com Yorkville Congregational United Church of Christ Rev. Robert C. Stout 409 Center Parkway Yorkviille, IL 60560 630-553-7308 PROPOSAL: Remove existing sign panel from monument sign. Furnish and install replacement monument sign onto existing supports. 1) One 5' x 8' single faced sign: High impact acrylic face with second surface graphics. Aluminum construction, fluorescent illumination. Top section with logo and Yorkville Congregational Church copy. Bottom section with track for three lines of 6 inch zip letters. Hinged, locking vandal cover. Includes 200 zip letters and storage box. Price: $5,356.00 2) Alternate for electronic message center by Time O Matic in lieu of zip letters. 32x112 - 19mm LED matrix, 2' 4" x 8' size. Includes wireless control, temp sensor and phone training. Price: $12,225.00 (includes top sign 2' 6' x Was shown below). Permit expense additional or by others. Church to provide computer for EMC option. Electric service runs or wiring additional. Payment terms: 50% deposit with order, balance due upon completion. Submitted for approval: Ed Napo Vice President 96" - YORKWLLE CONGREGATIONAL N CHURCH td� (V 19mm Monochrome LED message center. 32x112 matrix. 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'iz. . ,. ,. • • ,.;s' £• €aVSP�5Nrw1 N ,'�,.x., IN tI c 4313 Y '63'��i NNI I TN t IN < I IN „4 L It, j1. b35 y34 �' �T^W n e•.sn+;IN iG-t 39 )3 % f - IN Fill 41 Z7 t F ff ' 1f _ - • � <y 6� 3fi. fi 4XSTW sw�5w fimk " - _ n i n `QED C/Tf Reviewed By: Agenda Item Number 2 O T Legal ❑ esr. � lase Finance ❑ 1> 1 Engineer ❑ �O I� City Administrator ❑ Tracking Number 9 asa Consultant ❑ 1'C 2007-18 ZBA CE `may Human Resources ❑ ( ) City Council Agenda Item Summary Memo Title: Saratoga Homes—Sign Variance Request City Council/COW Agenda Date: June 19,2007 1) Request that an off-site residential marketing sign be located closer than the Synopsis: required one-quarter(1/4) mile separation from another off-site residential marketing sign and 2)requesting to increase the maximum allowable size for an off-site marketing sign from 64 sq ft to 128 sq ft. Council Action Previously Taken: Date of Action: None Action Taken: N/A Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report prepared by Anna Kurtzman June 12,2007 CIP United City of Yorkville o County Seat of Kendall County EST. 1836 800 Game Farm Road Yorkville, Illinois, 60560 Telephone: 630-553-4350 9 20 Fax: 630-553-7575 cE �> Website: www.vorkville.il.us June 12,2007 TO: City Council FROM: Anna B. Kurtzman,AICP SUBJECT: Sign Variance Request 3600 N. Bridge Street PC2007-18ZBA ZBA RECOMMENDATION: After conducting a public hearing on Wednesday,June 6,2007,the Zoning Board of Appeals(ZBA) made the following recommendation to the City Council(Vote: 2-2-0): To approve PC 2007-18 ZBA with the following conditions: 1. Limit the area of the sign to 64 sq ft, and 2. Place the sign as far north on the property as possible while maintaining minimum setback requirements. REQUEST: The applicant, Saratoga Homes,would like to lease some land owned by James Rates at 3600 N. Bridge Street,Yorkville,Illinois (Property Identification Number 02-29-300-001)at the northeast corner of Corneils Road and Bridge Street. The legal description for the subject property is attached to this report. This property is currently zoned B-3 (Service Business District) and is improved with a single building and several residential marketing signs. The applicant is seeking the following variances: 1. Section 8-11-4132—request that an off-site residential marketing sign be located closer than the required one-quarter(1/4)mile separation from another off-site residential marketing sign. (A quarter mile is 1,320 feet long. There is another off-premise residential marketing sign for the Caledonia subdivision already located on this property that another builder had erected. The length of the property, along N. Bridge Street 1,215 feet,less than 1/mile), and 2. Section 8-11-71) request to increase the maximum allowable size for an off-site marketing sign from 64 sq ft to 128 sq ft. City Council PC 2007-18ZBA June 12, 2007 Page 2 of 3 Section 8-11 -4132 states: "Temporary residential off site marketing signs shall be allowed at not more than four (4) off site locations within the city of Yorkville to call attention and give directions to the development. Each sign may be located in any zoning district, provided that there is one- quarter (1/4) mile separation from each other, and that no such sign shall be closer to an existing residence than one hundred feet (100'). A temporary sign permit is required for each sign and such signage must be removed by close of business of the day the temporary sign permit expires." Staff also notes that the supporting documents show the sign to be a total of 12 feet high. Section 8- 11 -7D also states that the maximum height for an off-site marketing sign is 10 feet high. Staff spoke with Gracie Villescas, VP of Sales for Saratoga Homes, on May 22, 2007, regarding this. She indicated that she did not want to process a variance for the height of the sign but would rather comply with the sign regulations. As such, the maximum height of the sign would be 10 feet. CONDITIONS: The surrounding properties are zoned and used as indicated below: Zoning Use North B-3 Undeveloped South Unincorporated Farm fields East Unincorporated Single family detached houses and farm fields West R2/R4 with PUD Undeveloped PUBLIC HEARING: On Wednesday, June 6, 2007, the Zoning Board of Appeals conducted a public hearing regarding the above case. A representative from Saratoga Homes and a representative from the sign company presented the request to increase the size of the sign and to place the sign less than a quarter-mile from a existing sign marketing Caledonia Subdivision. The Board discussed the impact the sign would have on vehicle traffic. It was noted that Route 47 has a bend just north of the subject property. There was some concern as to how close the sign would be to the pavement and how the placement of the sign might impact traffic being able to see around the bend. The sign code requires that signs be a minimum of five feet from the property line. The centerline of Route 47 is approximately 50 feet from the property line. Estimating that the pavement extends approximately 20 feet eastwards from the centerline it was estimated that there is roughly 30 feet of non-paved area. Thus it was determined that the sign, if placed as close to the road as allowed by code, would be roughly 35 feet from the edge of pavement. It appeared that the Board was comfortable that the safety concern was adequately addressed, assuming that that the sign was placed as far north on the property as possible. Prior to closing the hearing the Board reviewed the standards for granting a variance. A separate review as given for each of the two different variances. Based upon their discussion the ZBA determined: City Council PC 2007- 18ZBA June 12, 2007 Page 3 of 3 1. any unique physical property of the land involved, a. (Distance separation and Size of sign) The ZBA determined that there is nothing unique about the property. 2. the available locations for adequate signing on the property, a. (Distance separation) The Board determined that there is adequate area on this property to locate signage as evidenced by the number of signs already located on this property, however, it is not long enough to support the quarter-mile separation requirements. b. (Size of sign) The ZBA indicated that this standard does not apply to the size of the sign. 3. the effect of the proposed sign on pedestrian and motor traffic, a. (Distance separation and Size of sign) The Board indicated that the combined size and location of the sign might be a safety issue to motorized traffic along Route 47. 4. the cost to the applicant of complying with this chapter as opposed to the detriment, if any, to the public from the granting of the variance, and a. (Distance separation) The ZBA noted that the Code applies to the subdivision as opposed to the builder. b. (Size of sign) The Board indicated that if the sign were kept to the maximum allowed (64 sq ft) it would not be a detriment to the public. 5. general intent of this chapter. a. (Distance separation and size of sign) The Board determined that both the separation and the size of the sign do not meet the intent of the sign code. DECISION: Per the provisions of the Sign Code the ZBA is an advisory board to the City Council. Therefore the City Council will need to determine if they concur with the ZBA's recommendation to approve, with conditions, the applicant's request for an electronic message board. If the City Council decides to approve the variance (with or without conditions) then the Council should direct staff to prepare a resolution documenting the City Council's actions regarding this case. /abk Attachments C: W. Dellmer, G. Williams, T. Miller Filename: \\Coyse"er\User Folde"\AKurizman\My Documents\ZBA\3600 N Bridge St - Saratoga Homes\CCrepmt6-12-07.doc `,QED Clll Reviewed By: Agenda Item Number J`� a AM' Legal El Esr. 7 1836 Finance E] 1 Engineer ❑ < Vj p City Administrator ❑ Tracking Number �� max= �O Consultant ❑ 9�y< `��� Human Resources El C E City Council Agenda Item Summary Memo Title: Visitability Code Discussion City Council/COW Agenda Date: June 19,2007 Synopsis: Council Action Previously Taken: Date of Action: May 15, 2007 Action Taken: Discussion/Instructed Staff to prepare `marked-up' ordinance Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached Draft Visitability Code Ordinance,background information and information related to Universal/Visitability Design. ® United City of Yorkville Memo 800 Game Farm Road EST. l _ 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE X Date: June 12, 2007 To: EDC/COW From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk Subject: Visitability Code Ordinance Background February 27, 2007 - Presentations made during the February 27, 2007 City Council meeting and model codes were provided by Alderwoman Spears from the communities of Bolingbrook and Naperville for review/discussion. March 20, 2007 — A model ordinance for single family, multi-family and commercial structures were reviewed/discussed at EDC/COW meeting. EDC/COW instructed to proceed with drafting a code for single family dwelling units only. It was determined that multi-family units and commercial structures are currently required to comply with the Illinois Accessibility Code and the International Building Code Chapter 11 which sufficiently address accessibility design for these structure types. EDC/COW instructed staff to conduct a meeting with the local residential contractors and developers to discuss the proposed ordinance and gather their input on each of the modifications prior to adopting any new codes. April 12, 2007 — Staff facilitates a discussion and educated the building community in attendance on the issue. The draft provision generating the most concern and resulting in the most discussion from the builders was the ` Step-Free' regulation. Attached find the meeting summary from April 12, 2007. May 15, 2007 — Staff presented the April 12, 2007 meeting summary and a revised Visitability Code attempting to include/address the comments and input gathered on April 12, 2007. Many items from the previous draft had been omitted. EDC/COW instructed staff to prepare a mark-up ordinance explaining each modification recommended. 1 Attached please find the following information: - Clean Visitability Code Ordinance for consideration - Marked-up Visitability Code Ordinance with staff comments - Original draft ordinance (as presented March 20, 2007) - April 12, 2007 meeting summary (Builder Input Meeting/Discussion with staff) - Letters from AMG Homes and Shanahan Homes - Zoning Practice (April 2006 edition) `Zoning for Universal Design and Visitability ' 2 STATE OF ILLINOIS ) ) SS COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE ADDING CHAPTER 16, VISITABILITY CODE, TO TITLE 89 UNITED CITY OF YORKVILLE MUNICIPAL CODE WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and City Council, has determined it necessary to improve residences in the United City of Yorkville for visitability by persons with disabilities; WHEREAS, THE UNITED CITY OF YORKVILLE, after careful consideration by the Mayor and the City Council, has determined that it is in the best interests of the community to amend Title 8 of the Yorkville City Code to include standards for visitability; NOW, THEREFORE, BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE: Section 1. That Title 8, of the Yorkville City Code is hereby amended to add Chapter 16, Visitability Code. Section 2. The following sections are inserted: Section 8-16-1: Title. This Chapter shall be known as the Visitability Code of the United City of Yorkville (hereinafter referred to as "this Chapter"). Section 8-16-2: Purpose. The purpose of this Chapter is: A. Provide reasonable criteria for the design and construction of all one- and two-family dwelling units (hereinafter referred to as "dwelling") to improve the visitability by persons with disabilities; and B. Ensure each dwelling contains at least one floor level meeting the minimum regulations set forth in this Chapter Section 8-16-3: Definitions. A. Accessible route, exterior: A continuous, unobstructed path at least thirty-six inches (36") wide with a maximum 1 : 12 slope, extending from a parking area or public way to the entrance of the dwelling. B. Accessible route, interior: A continuous, unobstructed path at least thirty-six inches (36") wide between rooms on the floor level of visitability and the no-step entrance. C. Dwelling: A one- or two-family residential unit constructed in accordance with the adopted Residential Code of the United City of Yorkville. D. Receptacle: A contact device installed at the outlet for the connection of an attachment plug. A single receptacle is a single contact device with no other contact device on the same yoke. A multiple receptacle is two or more contact devices on the same yoke. E. Step-free entrance: A 1 : 12 sloping approach (without risers) to a beveled threshold of one-half inch (1/2") or less, at any ingress to the dwelling. F. Switch: A device intended for used in general distribution and branch circuits, to begin or interrupt current to a different device, such lighting fixture or receptacle. Section 8-16-4: Design requirements. floor with this Chapter The designated visibility floor level only, or designated floor levels—if more than one is designated by the builder at the time of permit application—shall meet the following requirements: Section 8-16-4.1: Step-free entrance. Every dwelling shall be provided with at least one (1) step-free entrance reachable via an exterior accessible route. This entrance can be approached by a sidewalk, a driveway, or other usable route. -.Exception: The United City of Yorkville Code Official, or designee, may grant a modification or an exemption to the requirements of this Chapter regarding the exterior accessible route only if the lot's natural slope if it prevents achieving a maximum 1 : 12 slope without extensive grading. Section 8-164.2: Doors. The required step-free entrance/exit door and interior doors a minimum of thirty-six inches (36") in width, six feet eight inches (6' 8") in height, and provide a minimum clear opening of thirty two inches (32") (measured from face of door to stop). The required exit door shall be side-hinged. Exceptions: 1. The following doors, provided a minimum thirty-two inch (32") clear opening is maintained: a. Sliding doors. b. Interior pocket doors. 2. A door that provides access to a closet of fewer than 15 sq. ft. in area. 3. Interior doors that do not require passage for access as determined by the code official, for example, doors to linen closets and pantries in which the shelves are located immediately inside the door opening. Section 8-164.2.1 : Door hardware. Lever-type hardware is required on all doors. Exceptions: Pocket doors, sliding closet doors, and cabinet doors. Section 8-16-4.3: Security system control panels. If a security system is installed and uses wall key pads, said key pads shall be located at a maximum height of forty-eight inches (48") above the finished floor. Height shall be determined by measuring from the finished floor to the center of the key pad. Section 8-16-4.4: Routes within a dwelling. An interior accessible route shall be provided through the hallways. Hallways for exit access shall be a minimum of forty-two inches (42") in width. Section 8-16-4.5: Electrical receptacles. Wall receptacles shall be located at a height not less than fifteen inches (15") above finished floor, except for receptacles located above countertops in accordance with the National Electrical Code. Height shall be determined by measuring from the finished floor to the center of the receptacle. When the receptacle placement is prohibited by the height of a window or design feature, an alternate location can be approved by the Code Official or duly authorized designee. Exception: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Section 8-16-4.6: Electrical switches. Wall switches controlling light fixtures and fans located at a height not to exceed forty eight inches (48") above finished floors, unless provided with a remote control. Height shall be determined by measuring from the finished floor to the center of the switch. Exception: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Section 8-16-4.7: Required bathroom. There shall be at least one bathroom/powder room, containing at least a sink and a water closet. This bathroom/powder room shall be designed and constructed in a manner that will provide wheelchair access to both the water closet and sink. Section 8-16-4.7.1 : Dimensions for maneuverability. The bathroom shall have a minimum thirty-two inch (32") clear path to all fixtures and the room must be designed in a manner allowing the user to be able to shut the door when using the room. The bathroom door may be hinged to swing out to provide more room, if the hallway design provides the proper clearances. Section 8-16-4.7.2: Wall reinforcement. The walls of the required bathroom shall be reinforced with lateral two-inch x six-inch (2" x 6") or larger wood blocking installed flush with studs within the wall cavity, to support potential grab bars. The wood blocking, when measured to the center, shall be located a minimum of thirty-three inches (33") and maximum of thirty-six inches (36") above the finished floor. Such reinforcements shall include: 1. All walls adjacent to the water closet shall have horizontal backing reinforcements a minimum of thirty-three inches (33") and a maximum of thirty-six inches (36") above the floor to allow for a twenty-four inch (24") grab bar on the wall behind the water closet and another forty-two inch (42") grab bar next to the water closet. 2. If a bathtub is located in the required bathroom: a. Two (2) backing reinforcements on the sidewall of the bathtub, each a minimum of twenty-four inches (24") long and a maximum of twenty-four inches (24") from the front wall and a maximum of twelve inches (12") from rear wall, one in a horizontal position a minimum of thirty-three inches (33") and a maximum of thirty-six inches (36") above the floor, and one (1) nine inches (9") above the rim of the bathtub; b. One (1) backing reinforcement on the rear wall of the bathtub, a minimum of twenty-four inches (24") long and located at the front edge of the bathtub; and c. One (1) backing reinforcement on the front wall of the bathtub, at least 12 inches long and located at the front edge of the bathtub. Exception: A manufactured tub surround may be used which includes grab bar(s) certified to meet ANSI standards and the current Illinois Accessibility Code. 3. If a shower, separate from the bathtub, is present in the bathroom, such reinforcements shall include backing reinforcements on at least two (2) walls on which the control valve is not located, each a minimum of thirty-three inches (33") and a maximum of thirty-six inches (36") above the finished floor. Exception: A manufactured shower surround may be used which includes grab bar(s) certified to meet ANSI standards and the current Illinois Accessibility Code. Section 8-16-5: Appeals process. The following process shall be used for appealing the code official's decision on a variance to the requirements of this Chapter. Section 8-16-5.1: General. In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this Chapter, there shall be and is hereby created a board of appeals. The code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. When a quorum is present, the board shall modify, reverse, or uphold the decision of the code official by a concurring vote of the majority of members present at the meeting. The board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Section 8-16-5.2: Limitations on authority. An application for appeal shall be based on a claim that the true intent of this Chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Chapter do not fully apply, or an equally good or better form of construction is proposed. Section 8-16-5.3: Criteria for issuance of a variance. A variance shall only be issued upon: 1. A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the standards in Section 8-16-4. 1 inappropriate; 2. A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable; and/or 3. A determination that the granting of a variance will not result in decreased visitability, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. Section 8-16-5.5: Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. Section 8-16-5.6: Administration. The code official shall take immediate action in accordance with the decision of the board. Section 3. Severability. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. Section 4. That the City Clerk is hereby ordered and directed to cause this ordinance to be published. Section 5. That this ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect, and be in full fore and effect after its passage and approval by the Mayor and City Council, as required by law. IN WITNESS WHEREOF, this Ordinance has been enacted this _th day of 2007. WALLY WERDERICH MARTY MUNNS JASON LESLIE ROBYN SUTCLIFF ARDEN JOE PLOCHER ROSE SPEARS GARY GOLINSKI JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _th day of , A.D. 2007. Valerie Burd MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this _th day of A.D. 2007. Attest: Jacquelyn Milschewski CITY CLERK ORDINANCE NO. _- AN ORDINANCE AMENDING CHAPTER_ OF THE UNITED CITY OF YORKVILLE MUNICIPAL CODE TO ADD A NEW ARTICLE THERETO SINGLE-FAMILY DWELLINGS VISIT-ABILITY CODE CUIIIe�lEllc[7MU: Theraem -------- - --------— became Chapter 16,Vrsi.biliry Code.To Tide 8 ofthe Ciry Municipal Code WHEREAS, whether due to injury or age, there is a great likelihood for each of us, at some time in our life, to suffer a temporary or permanent condition that limits mobility or the ability to perform daily tasks of living; and WHEREAS, visit-ability design provides barrier-free housing for persons throughout their life and this sustainability in housing ensures that not only will the home continue to be affordable, but it will also continue to serve the physical needs of housing family members and visitors from childhood to senior years; and WHEREAS, a home is the single largest financial investment for most families and the average cost of barrier-free design features included in new construction is much less than later modification for accessibility when such features are required, and WHEREAS, people with disabilities and their immediate families are often isolated into their own homes because the homes of most of their acquaintances contain insurmountable barriers, and often experience difficulty in finding a suitable house to purchase or rent; and WHEREAS, an occupant of a home that has barrier-free design features who becomes disabled, whether temporarily or permanently, may be able to remain at home and avoid or delay the great expense and emotional trauma of institutionalization; and WHEREAS, the senior population will double in the year 2030 and most of these seniors (85%) prefer to remain in their homes (AARP), and visit-ability design retains elders in the neighborhood to provide cultural stability and continuity; and WHEREAS, THE Mayor and City Council believe and hereby declare that it is in the best interest of the City to establish a Visit- Comment[TM2]:The Whereas ability Code, as hereinafter provided: I_ statements to be redaeed to the entical -------------------------- -- - sfatements—reciting the City Council deems it necessary to improve residences for mitabiliry and it is in the best interest NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY sandard t s includ Municipal Code. COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS IN THE EXERCISE OF ITS STATUTORY POWERS, AS FOLLOWS: Chapter of the Municipal Code of the United City of Yorkville shall be and is hereby amended to add a new Article thereto, which new Article shall hereafter be and read as follows: ARTICLE - VISIT-ABILITY CODE Section _ - PURPOSE. The purpose of this Article is to establish minimum regulations for the design, installation and construction of single-family dwllings by providing reasonable criteria . Comment[TM3]:Elaborate puryme for vlsltabllty by persons with disabilities.` ____ _ ________ __ _________ __ "-' to clearly state which single-familyunita most comply and that at lease one floor be in compliance. Section _ - _. TITLE. This article shall be known as the Visit-ability Code of the United City of Yorkville and is hereinafter Comment[TM4]:Relocate to Section referred to as the "Visit-ability Code" or"this Code".I_ _____ I and refer to as"Chapter"not"Code" Comment[TMS].Insert a definitions eetion' - . VISIT-ABILITY REQUIREMENTS. etlnn to aeeae to mstnbe nsea withn -- - - - ----- 4 this chapter that may have other Ensure each single- family, dwelling unit contain at least one level that define ons elsewhere in he Code. complies with the following requirements: Comment[TM6]:General Commem: __ ___ _ __ _ Re-order the sections to begin with design requirements as one would enter Section - _. STEP FREE ENTRANCE. Every single- the home a ad experience the improvements to mare fntuitiveiy arrange family dwelling and attached single-family dwelling shall be provided the text of the Chapter. with at least one (1) step free entrance, accessible from an accessible route from a parking area or public way. (An accessible route is a continuous, unobstructed path at least 36 inches wide connecting all interior and exterior elements and spaces of a house and site including corridors, parking, curb ramps, crosswalks and sidewalks and served by a no-step, flat entrance with a beveled threshold of 1 /2 inch or less. This step free entrance shall be approached by a slope no greater than 1 in 12 (less steep is desirable). This entrance can be approached by a sidewalk, a driveway, a garage floor, or other usable route. The step free entrance may be located at any entrance of the home. �f the step free entrance is located in the garage, a doorbell Comme [TM7]:Remove this button shall be located outside the overhead garage door. In a-case_ statemenr nt A garage i s not an acceptable accessible route and not permitted to be where a lot is so steep that it cannot be graded to a maximum slope of the primary means of ingressregress under the current Municipal Code. The 1:12 r the driveway may have to exceed to a 1:12 (or) less route step free entrance must lead to/from an exterior point. leading from the driveway to the no-step entrance. Comment[TMB]:The authority EXCEPTIONS: The United City of Yorkville Engineer{ or his designee_,' should be the Code Official,wbo will be -- - reviewing the application for permit. may only grant modifications or an exemption to the requirements of Although in a Simon.where thegrading is being reviewed,the City Engineer will this Ordinance regarding full compliance with exterior path or travel on most likely be consulted.the Code 9 9 P P Official should have the authority within this Chapter to determine if an exception an individual case-by-case basis. The criteria for granting a is appropriate. modification or exemption are as follows: (1) (1) The lot rises or falls so steeply from the street than a maximum 1:12 slope cannot be achieved without extensive grading; and (2) Determines that such entrance is not feasible based Comment[TM9]:Water elevations on water table elevations.[_ ___ are irrelevant-ifthe water table impacts ability to grade it o impact the ability to construct t a a foundation Section ELECTRICAL WALL SWITCHES. In all single-family dwellings, wall switches controlling light fixtures and fans, ecurit system, electrical panel or thermostat hall be located at-, comcion [TM1o]:These items are y y p Ip __ not Iechnicelly switches and sbould fall undera separate heading in this Chapter. a height not to exceed forty eight (48) inches above finished floors. Height shall be determined by measuring from the finished floor to the center of the switch. EXCEPTION: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Section ELECTRICAL WALL RECEPTACLES. In all single-family dwellings all wall receptacles, light switches, thermostats and environmental controls shall be located at a height not less than fifteen (15) inches above finished floor _ Height_shall_be_- El [TM 11]:The National ceh;c C c ode requires receptacles to be above countertops(in kitchens and determined by measuring from the finished floor to the center of the bathrooms)and these should be exempted from this provision. receptacle. When the receptacle placement is prohibited by the height of a window or design feature, an alternate location can be approved by the Chief Building Official or duly authorized designee. EXCEPTION: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Oection _ - _. ELECTRICAL BOX. Electrical box must Comment[TM12]:this seen located inside building on the same level as the no step entrance. _ - hmld be remnvea. cn a tCode Goes not allow for outdoor Incurious ofelectrlc bas Vpanels. Section _ - OUTSIDE ELECTRIC PANELS. An electrical panel located outside the dwelling unit must be between 18 inches and 42 inches above the ground and served by an accessible Comment[TM13]:This section route.! _ _________ ______ ___________ ,- should be removed. Cam ea,Code does �� not allow for omdoor locations of electric boxes/panels. Section _ - WALL REINFORCEMENt. _ F_irst_f_loo_r_, - comment[TM14]:cereal Comment: This section should clearh, bathroom walls shall be provided with lateral two-inch x six-inch or state the requirements for wall reinforcement for bathtub and showers larger wood blocking installed flush with stud engines within wall only quired when these items are-ouemise, required visitable ems mm-otherwise, these items would technically be required framing, to support potential grab bars, if required. Such n he visitable bazlvoom. reinforcements shall include (aa) two backing reinforcements on the back all of the bathtub, each at least 24 inches long and not more than 24 inches from the head end wall and not more than 12 inches from the foot end wall, one in a horizontal position at least 33 inches, but not more than 36 inches, above the floor, and one 9 inches above the rim of the bathtub; (bb) one backing reinforcement on the foot end of the bathtub, at least 24 inches long and located at the front edge of the bathtub; and, (cc) one backing reinforcement on the head end wall of the bathtub, at least 12 inches long and located at the front edge of the bathtub. A pre-manufactured tub and shower surround may be used which includes grab bar(s) certified to meet the ADA requirement to bear a 250 pound load . The wood blocking, when measured to the center, shall be located between thirty-three (33) inches and thirty-six (36) inches above the finished floor. All walls adjacent to the toilet shall have horizontal backing reinforcements, each at least thirty-three (33) inches, but not more than thirty-six (36 inches, above the floor and sufficient to allow for a twenty-four (24) inch grab bar on the wall behind the toilet and another forty-two (42) inch grab bar. If a shower is present in the bathroom, such reinforcements shall include backing reinforcements on at least two walls on which the control valve is not located, each at least thirty-three (33) inches, but not more than thirty-six (36) inches above the floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub. All bathrooms, washrooms and powder rooms shall meet all applicable requirements of this Code. Section _ - _. FIRST FLOOR WASHROOM/ POWDER ROOM. There shall be at least one washroom/powder room, containing at least a sink and a toilet located on the dwelling first floor located closest to grade level . that each allow for parallel or head-on approach by a person in a wheelchair. This washroom/powder room shall be designed and constructed in a manner than will provide wheelchair access to both the water closet and lavatory. EXCEPTION: If a no step entrance is located at a level other than the level closest to grade, such as the lower level of a split level home, and a washroom or powder room that complies with the requirements of this Code is located on the same level as the no step entrance, a first floor washroom/powder room shall not be required. Section _ - _. WASHROOM/BATHROOM DESIGN. All washrooms, bathrooms and powder rooms shall meet all applicable requirements of the Code. It is not essential (although it is recommended) to have a large turning radius inside a residential washroom, bathroom or powder room. In a small washroom, bathroom or powder room, the wheelchair user can roll in forward and roll out backward. A minimum thirty-two (32) inch clear path must be provided to all fixtures and the room must be designed in a manner that will allow the user to be able to shut the door when using the room. The bathroom, washroom or powder room door may be hinged to swing out to provide more room, if the hallway design provides the proper clearances. .Section _ - ACCESSIBLE HABITABLE SPACE. At least one indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than seven feet. I Comment[TM15]:This section should beremoved. The Code currently - � t�indoor�^.. se Section DOORS AND HALLWAYS. All hinged,-- feetwhsid s less than fees. sliding, folding exterior and interior doors (deck, patio, balcony) shall Comment[TM16]:This section should be divided into a section on doors not be less than three (3) feet in width and six (6) feet, eight (8) and a separate section an hallways. Hallways providing a visitable route should be 42'wide. inches in height, and shall provide a minimum clear opening of thirty Door hardware should also be considered. (Levers verses(mobs) two (32) inches (measured from face of door to stop). All required exit doors shall be side hinged. The minimum width of a hallway or exit access shall not be less than forty-two (42) inches, and in no event shall the width of a hallway be less than required by the 1997 Illinois Accessibility Code. EXCEPTIONS: Sliding doors, providing that a minimum of thirty- two (32) inch clear opening is maintained. Interior pocket doors, providing that a minimum thirty-two (32) inch clear opening is maintained. Interior doors that do not require passage for access as determined by the code official, for example, doors to linen closets and pantries in which the shelves are located immediately inside the door opening. A door that provides access to a closet of fewer than 15 sq. ft. in area. Any interior door located in a manner that when fully open, a minimum thirty-two (32) inch clear opening is provided. Section ROUTES WITHIN A DWELLING UNIT. Every single-family dwelling shall have an accessible route through the hallways and passageways of the floor level served by the step free entrance. Hallways should not be less than forty-two (42) inches in width. All other passageways, other than doorways shall not be less than thirty-six (36) inches in width. comment[TM17]:A severability provision should be added to the Chapter to insure ifone section is ever overturned the annuitant;sectinna renlacc enforceable. This Ordinance shall be in full force and effect after its passage Comment[TMIe]:An appeals section should be included to enable a and approval. property owner/pe itioner the ability to challenge the Code Official's determination ifan exception is denied. This section should clearly identify the criteria to use when rendering a decision (similar to the Zoning and Building Codes) PASSED this day of , 2007. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER OF THE UNITED CITY OF YORKVILLE MUNICIPAL CODE TO ADD A NEW ARTICLE THERETO SINGLE- FAMILY DWELLINGS VISIT-ABILITY CODE WHEREAS, whether due to injury or age, there is a great likelihood for each of us, at some time in our life, to suffer a temporary or permanent condition that limits mobility or the ability to perform daily tasks of living ; and WHEREAS, visit-ability design provides barrier-free housing for persons throughout their life and this sustainability in housing ensures that not only will the home continue to be affordable, but it will also continue to serve the physical needs of housing family members and visitors from childhood to senior years ; and WHEREAS, a home is the single largest financial investment for most families and the average cost of barrier-free design features included in new construction is much less than later modification for accessibility when such features are required, and WHEREAS, people with disabilities and their immediate families are often isolated into their own homes because the homes of most of their acquaintances contain insurmountable barriers, and often experience difficulty in finding a suitable house to purchase or rent; and WHEREAS, an occupant of a home that has barrier-free design features who becomes disabled, whether temporarily or permanently, may be able to remain at home and avoid or delay the great expense and emotional trauma of institutionalization ; and WHEREAS, the senior population will double in the year 2030 and most of these seniors (85% ) prefer to remain in their homes (AARP), and visit-ability design retains elders in the neighborhood to provide cultural stability and continuity; and WHEREAS, THE Mayor and City Council believe and hereby declare that it is in the best interest of the City to establish a Visit- ability Code, as hereinafter provided : NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS IN THE EXERCISE OF ITS STATUTORY POWERS , AS FOLLOWS : Chapter of the Municipal Code of the United City of Yorkville shall be and is hereby amended to add a new Article thereto, which new Article shall hereafter be and read as follows : ARTICLE _ - VISIT-ABILITY CODE Section _ - PURPOSE . The purpose of this Article is to establish minimum regulations for the design , installation and construction of single-family dwllings by providing reasonable criteria for visitablity by persons with disabilities . Section _ - TITLE . This article shall be known as the Visit-ability Code of the United City of Yorkville and is hereinafter referred to as the "Visit-ability Code" or "this Code". Section _ - VISIT-ABILITY REQUIREMENTS. Ensure each single- family, dwelling unit contain at least one level that complies with the following requirements : Section _ - STEP FREE ENTRANCE . Every single- family dwelling and attached single-family dwelling shall be provided with at least one ( 1 ) step free entrance, accessible from an accessible route from a parking area or public way . (An accessible route is a continuous, unobstructed path at least 36 inches wide connecting all interior and exterior elements and spaces of a house and site including corridors, parking , curb ramps, crosswalks and sidewalks and served by a no-step, flat entrance with a beveled threshold of 1 /2 inch or less . This step free entrance shall be approached by a slope no greater than 1 in 12 (less steep is desirable) . This entrance can be approached by a sidewalk, a driveway, a garage floor, or other usable route . The step free entrance may be located at any entrance of the home . If the step free entrance is located in the garage, a doorbell button shall be located outside the overhead garage door. In a case where a lot is so steep that it cannot be graded to a maximum slope of 1 : 12, the driveway may have to exceed to a 1 : 12 (or) less route leading from the driveway to the no-step entrance . EXCEPTIONS: The United City of Yorkville Engineer or his designee may only grant modifications or an exemption to the requirements of this Ordinance regarding full compliance with exterior path or travel on an individual case-by-case basis. The criteria for granting a modification or exemption are as follows: (1) (1) The lot rises or falls so steeply from the street than a maximum 1 : 12 slope cannot be achieved without extensive grading; and (2) (2) Determines that such entrance is not feasible based on water table elevations. Section _ - ELECTRICAL WALL SWITCHES. In all single-family dwellings, wall switches controlling light fixtures and fans, security system , electrical panel or thermostat shall be located at a height not to exceed forty eight (48) inches above finished floors . Height shall be determined by measuring from the finished floor to the center of the switch . EXCEPTION: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Section _ - ELECTRICAL WALL RECEPTACLES . In all single-family dwellings all wall receptacles, light switches, thermostats and environmental controls shall be located at a height not less than fifteen ( 15) inches above finished floor. Height shall be determined by measuring from the finished floor to the center of the receptacle . When the receptacle placement is prohibited by the height of a window or design feature, an alternate location can be approved by the Chief Building Official or duly authorized designee . EXCEPTION: This requirement does not apply where the use of special equipment dictates otherwise as required by the manufacturer. Section _ - ELECTRICAL BOX. Electrical box must be located inside building on the same level as the no step entrance . Section _ - OUTSIDE ELECTRIC PANELS. An electrical panel located outside the dwelling unit must be between 18 inches and 42 inches above the ground and served by an accessible route . Section _ - WALL REINFORCEMENT. First floor bathroom walls shall be provided with lateral two-inch x six-inch or larger wood blocking installed flush with stud engines within wall framing, to support potential grab bars, if required . Such reinforcements shall include (aa) two backing reinforcements on the back all of the bathtub, each at least 24 inches long and not more than 24 inches from the head end wall and not more than 12 inches from the foot end wall , one in a horizontal position at least 33 inches, but not more than 36 inches, above the floor, and one 9 inches above the rim of the bathtub; (bb) one backing reinforcement on the foot end of the bathtub, at least 24 inches long and located at the front edge of the bathtub ; and, (cc) one backing reinforcement on the head end wall of the bathtub, at least 12 inches long and located at the front edge of the bathtub . A pre- manufactured tub and shower surround may be used which includes grab bar(s) certified to meet the ADA requirement to bear a 250 pound load . The wood blocking, when measured to the center, shall be located between thirty-three ( 33) inches and thirty-six (36) inches above the finished floor. All walls adjacent to the toilet shall have horizontal backing reinforcements, each at least thirty-three (33) inches, but not more than thirty-six ( 36 inches, above the floor and sufficient to allow for a twenty-four (24) inch grab bar on the wall behind the toilet and another forty-two (42) inch grab bar. If a shower is present in the bathroom, such reinforcements shall include backing reinforcements on at least two walls on which the control valve is not located, each at least thirty-three ( 33) inches, but not more than thirty-six ( 36) inches above the floor. The wood blocking shall be located in all walls adjacent to a toilet, shower stall or bathtub . All bathrooms, washrooms and powder rooms shall meet all applicable requirements of this Code . Section _ - _. FIRST FLOOR WASHROOM / POWDER ROOM . There shall be at least one washroom/powder room, containing at least a sink and a toilet located on the dwelling first floor located closest to grade level . that each allow for parallel or head-on approach by a person in a wheelchair. This washroom/powder room shall be designed and constructed in a manner than will provide wheelchair access to both the water closet and lavatory. EXCEPTION: If a no step entrance is located at a level other than the level closest to grade, such as the lower level of a split level home, and a washroom or powder room that complies with the requirements of this Code is located on the same level as the no step entrance, a first floor washroom/powder room shall not be required. Section _ - WASHROOM / BATHROOM DESIGN . All washrooms, bathrooms and powder rooms shall meet all applicable requirements of the Code . It is not essential (although it is recommended ) to have a large turning radius inside a residential washroom, bathroom or powder room . In a small washroom, bathroom or powder room, the wheelchair user can roll in forward and roll out backward . A minimum thirty-two ( 32) inch clear path must be provided to all fixtures and the room must be designed in a manner that will allow the user to be able to shut the door when using the room . The bathroom , washroom or powder room door may be hinged to swing out to provide more room, if the hallway design provides the proper clearances . Section _ - ACCESSIBLE HABITABLE SPACE. At least one indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than seven feet. Section _ - . DOORS AND HALLWAYS. All hinged, sliding , folding exterior and interior doors (deck, patio, balcony) shall not be less than three ( 3) feet in width and six (6) feet, eight (8) inches in height, and shall provide a minimum clear opening of thirty two (32) inches ( measured from face of door to stop) . All required exit doors shall be side hinged . The minimum width of a hallway or exit access shall not be less than forty-two (42) inches, and in no event shall the width of a hallway be less than required by the 1997 Illinois Accessibility Code . EXCEPTIONS: Sliding doors, providing that a minimum of thirty- two (32) inch clear opening is maintained. Interior pocket doors, providing that a minimum thirty-two (32) inch clear opening is maintained. Interior doors that do not require passage for access as determined by the code official, for example, doors to linen closets and pantries in which the shelves are located immediately inside the door opening. A door that provides access to a closet of fewer than 15 sq. ft. in area. Any interior door located in a manner that when fully open, a minimum thirty-two (32) inch clear opening is provided. Section — - ROUTES WITHIN A DWELLING UNIT. Every single-family dwelling shall have an accessible route through the hallways and passageways of the floor level served by the step free entrance . Hallways should not be less than forty-two (42) inches in width . All other passageways, other than doorways shall not be less than thirty-six ( 36) inches in width . This Ordinance shall be in full force and effect after its passage and approval . PASSED this day of , 2007 . United City of Yorkville Draft Visitability Ordinance Residential Contractors & Developers Input/Discussion April 12, 2007 2:00 PM Yorkville City Hall Council Chamber Attendees: Pavan Peddireddy; Saratoga Homes; Mike Kainz, Wyndam Deerpoint; Craig Stempowski, Pulte Homes; Scott Muhlbradt, AMG; Barry Mayworm, Cardinal Homes; Bob Bean, AMB Custom Homes; Chad Gunderson, AMG; Greg Bolger, Gladstone Homes; Greg Marker, Marker, Inc.; John McGinley, AMG Homes; Joel Davidson, AMG Homes; Lisa Welz, Record News; William Dettmer, City of Yorkville; Travis Miller, City of Yorkville; Lora Chapman, City of Yorkville Meeting Summary A copy of the proposed Visit-Ability Code was handed out to the contractors. Travis Miller opened the meeting and thanked everyone for attending. Bill Dettmer than went over each Section of the Code and stated that this Code would pertain to the first floor of the residence only. Section 3 — Electrical Wall Switches: The wall switches for light fixtures and fans are to be located forty-eight (48) inches above the floor. There were no questions or concerns with this matter. Section 4 — Electrical Wall Receptacles: All wall receptacles are to be located no less than fifteen (15) inches from the floor. There were no questions or concerns regarding this matter. Section 5 — Step Free Entrance: All single family and attached single family dwellings shall have at least one step free entrance which shall be approached by a slope no greater than 1 in 12. Bob Bean from AMB discussed problems he had with this Section. Since he builds custom homes, he is concerned with the negative aesthetics this slope requirement would cause. He further stated that Naperville has a similar code which deals with the remaining issues except this one since it is not always feasible to do. Mr. Dettmer asked that Mr. Bean and anyone who may have a problem with this Section, forward a letter to either Mr. Miller or himself stating these concerns. Mr. Miller explained the portion in the Code which allows the Public Works Director and the City Engineer the authority to waive the entrance/no step requirement if he determines that such entrance would not be feasible. A contractor stated the percentage of people with wheelchairs actually buy these homes is extremely low and had concern that regulations designed for a small portion of the population may have a great impact on the majority of the population. Barry Mayworm from Cardinal Homes stated that ranch style homes would be easier to accomplish the accessibility requirements. He also stated that not every homeowner would want their home to look like a `handicapped' occupied house. It was also brought up that the proposed Code states in the purpose section that "reasonable criteria" would be used and this portion of the code is not reasonable. Mr. Dettmer went on to the other Sections stating they would go back to this section, if needed. Section — Wall Reinforcement: Bathroom walls are to be provided with wood blocking installed to the frame to support grab bars which would be installed 33 — 36 inches above the floor. There were no questions or concerns with this matter. i Section 7 — First Floor Washroom: There shall be at least one washroom on the dwelling floor closest to grade level which would be constructed in a manner to allow wheelchair access. There were no questions or concerns with this section. Section 8 — Washroom Design: It is recommended to have a large turning radius inside a residential washroom, bathroom or powder room. A minimum thirty-two inch clear path must be provided to all fixtures and the room must be designed in a manner that would allow the user to close the door when using the room. A contractor asked if this would be decided on an inspection. Mr. Dettmer stated that this should be documented in the plan review process, not in the field. Section 9 — Doors and Hallways: All exterior and interior doors shall not be less than three feet in width and six feet eight inches in height and shall provide a minimum clear opening of thirty-two inches. All required exit doors shall be side hinged. The minimum width of a hallway or exit access shall be not less than forty-two inches and in no event shall the width be less that that required by the 1997 Illinois Accessibility Code. A short discussion was made on pantries, which is listed under the exceptions. There were also questions concerning hinged doors and glass doors. It was again stated j that this would apply to the I" floor only. Mr. Dettmer told the group that he and Mr. Miller encourage the contractors/developers to come to the Council meetings concerning the Visit-Ability Code to discuss these concerns. i It was asked if this Code was Mr. Dettmer's recommendation. Mr. Dettmer answered that he did review the Bolingbrook and Naperville codes and felt the I Bolingbrook Code made the most sense. There were sections in the Naperville code that were not practical. He had also asked his staff for comments. Scott from AMG stated that only a few people would require these types of changes, so why are we asking that all homes be changed. Mr. Miller explained that the City Council has asked that this code be evaluated to ensure the City is appropriately addressing visitability issues in new housing. Home buyers with custom builders ask for more requirements on how a house should be built. This would amount to only 1% of home buyers for this market. The advantage for these types of changes would be for builders who build only one or two homes. It is harder for a builder who has twenty base homes. A home buyer can ask for different features. It was also brought up that the builders will have to compete with the surrounding communities. If a home buyer does not like the design of the homes in Yorkville, they will move to the next community. It is not a "one size fits all". These changes benefit only 1% of the population. It was mentioned by Mr. Mayworm that you can modify a house for the needs of a person with disabilities, but to impose this on everyone is unreasonable. A question was asked when this change would be made effective. Mr. Dethner believes it would be with all new permits after the Code is passed. A question on developments with Annexation Agreements was asked and Mr. Miller stated that there would be administrative authority. We would have to take this into account up front. A Bolingbrook contractor who has built under the Bolingbrook Visit-Ability Code discussed the doorways and hallways. He has had to re-work about 100 homes. They have also had problems with the doors leaking. Mr. Dettmer stated that he is aware that leaks are a big problem for builders and he knows several builders that have had to deal with these types of problems. It was also brought up that several builders have been using master plans. These would all need to be changed. Mr. Dettmer stated that these sorts of problems should be brought to the attention of the Council. Mr. Dettmer than went on to the other sections. Section 10 — Routes Within a Dwelling Unit: Every dwelling shall have an accessible route through hallways and passageways of the floor level served by the step free entrance. Hallways shall not be less than forty-two inches in width. All other passageways shall be not less than thirty-six inches in width. Mr. Dettmer stated this would be for the first floor only. I i Scott Muhlbradt asked what was the driving force behind this code. We can spend money more wisely by putting it elsewhere than for the two people who may want it. Mr. Gunderson asked if this code would prohibit sunken rooms on the first floor. Mr. Dettmer stated that yes, it would and pointed out that he knew that AMG does use a sunken room design. A contractor asked about all doors on the first floor being handicapped accessible, even basement doors. Bob Bean mentioned that this is for "visit-ability" not accessibility. This should not apply to basement doors. It was also mentioned that 36 inch hallways are fine. They do not believe 42 inches is needed. Section 11 — Appeals: Any appeals to the Code would be made in writing to the City Council. Mr. Dettmer noted that the Naperville or Bolingbrook codes do not have an appeal process. Mr. Dettmer asked for any statements. Mr. Bolger stated that it is tough to design a townhome with an accessible route for all units. This would be a big impact and a major consideration. It was asked whether this would apply to projects that have already been approved by the City. Mr. Miller stated this would have to be looked into. Scott asked why there was pressure to push this through. Mr. Dettmer stated that there was no push and that no time periods were in place. Mr. Miller told the group that this would go to the City Council in May where they would discuss their concerns. There will be a summary made of this meeting and it was again asked that all concerns be put in writing to take to the Council. Mr. Miller mentioned that these concerns will be taken under advisement. We are not pushing this through. It was again asked about previously approved PUDs or as part of the Annexation Agreement provisions. Mr. Miller stated that each annexation agreement is different. We will have to go back and look at each agreement to make sure we do not go against what the City has already agreed to. In Summary: The biggest concern is with Section 5. Section #10 — Visitability vs. Accessibility code — wider doors and hallways. i Mr. Mayworm mentioned that he worked on the Appearance Code when that was proposed and the City is willing to listen to these concerns. The problem with Section S is esthetics and costs. Mr. Dettmer stated that they do want everyone's input in this matter and thanked Mr. Mayworm for mentioning the work that was done on the Appearance Code and the changes that were made due to the recommendations of the builders. Mr. Miller thanked everyone for attending and for their time. He further stated that he would be sending out a summary of the meeting and will let everyone know when the next council meeting will be to discuss the proposed code. Ai � I May 4, 2007 By Hand Travis Miller United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Proposed Visitability Code Dear Travis: As you are aware, we recently attended a presentation by Yorkville City Administration regarding a proposed Visitability Code. At the close of the meeting, attending Builders were encouraged to follow up with written comments. This letter outlines our comments on those specific proposals. Section 3. Electrical Wall Switches The 48 inch requirement is not unreasonable. Section 4. Wall Electrical Receptacles The minimum 15 inch height is not a significant issue. However, raising the outlets to a more visible level is not aesthetically pleasing to the eye. Is this a visitability or a livability issue? Section 5. Step Free Entrance This is an extremely onerous requirement. It is difficult to meet this requirement with our current lot and driveway slope requirements at Prairie Meadows. Placement of a ramp in the garage would require a complete redesign of all our home plans to accomodate the ramp and a two or three car garage. This provision is extremely costly and would, in most cases, be aesthetically undesirable. The comment by the Pulte representative that attempts to mitigate the aesthetic problems and financial hardships in Bolingbrook by changing the first floor deck construction techniques was disheartening. However, it should not surprise anyone that notching the top of foundation of an entire basement could result in significant increases in cracks, water leaks and basement seepage. I Section 6. Wall Reinforcement I This requirement does not seem unreasonable on its face, however, it is somewhat ambiguous and raises the following questions. Does it apply to one grade level bathroom, all grade level bath- rooms or all bathrooms? Is this provision addressing visitability or livability? I phone : 630.553. '1961 0 fax: 630.553.3726 o 2201 Meadowview Lane, Yorkvi'Ic, Illinois 60560 2. Section 7. First Floor Washroom/Powder Room This provision is very unclear. Please explain what the meaning of the following sentence that states "This washroom/powder room shall be designed and constructed in a manner that will provide wheelchair access to both the water closet and lavatory." Does this imply a certain turning radius? Does it imply a high rise handicap accessable toilet and a handicap accessable sink? Does it imply installation of handicap grab bars? Section 8. Washroom/Bathroom Design Does this provision apply to all washroom, powder room, and bathrooms or just those on the first floor? Again, the language used is quite ambiguous. The use of requisite minimum dimensions would be helpful in determining what is being required here. Section 9. Halls and Doorways We assume that based on staff comments these provisions only apply to the first floor. Basement pantry, and sliding doors are exceptions to the general rules. Section 10. Routes within a Dwelling Unit We assume that based on staff comments these provisions only apply to the first floor. We would like the provision to be amended to provide that a single sunken room on the first floor is permissable as long as it does not block wheelchair access any other room on the first floor. Thank you for the opportunity to comment on the proposed Visitability Code. As we have likely made clear in our two comment letters, we are not fans of the code provisions in general. While the goal of assisting disabled homebuyers is commendable, we believe the choice of the "Bolingbrook" Code provisions is not. In our opinion, if Yorkville is to adopt a code, the community would be far better off to adopt the current Naperville code. We would further suggest that implentation of the code provisions be made at a pace that allows developers and homebuilders the time to make the investments necessary to design, build and market these communities in the competitive marketplace. Sincerely, } Chad Gunderson AMG Homes I May 4, 2007 By Hand Travis Miller i United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Proposed Visitability Code Dear Travis: As you are aware, we recently attended a presentation by Yorkville City Administration regarding a proposed Visitability Code. At the close of the meeting, attending Builders were encouraged to follow up with written comments. o spent discussing the specific provisions of the At the April 12th meeting, the bulk of the time was spe g p p proposal. Our comments on the the individual provisions are addressed in a second enclosed letter, but we believe that a discussion of the broader issue of the overall impact of passing this Ordinance is warranted. More specifically, we have compiled a list of questions which we believe should be answered before enacting this broad based, costly legislation. 1 . Our limited research indicates that similar legislation has only been passed in a handful of communities in the entire United States. This begs the question of whether, upon arduous research and reflection, the benefits of of such an expansive ordinance outweigh its cost? As evidenced below, we are very concerned that the City may be "rushing to judgement" on this proposal without carefully weighing the cost/benefits of its enactment. It is commendable that I the City is considering provisions to make day to day living better for the disabled. This is an admirable goal. The question then becomes is the "Bolingbrook" visitabililty building code provision the correct answer. We do not believe it is. Based upon current practice, the vast majority of American cities, towns and villages do not believe it is either. 2. Our limited research further indicates that two Illinois communities have enacted visitability codes. We understand that Bolingbrook's ordinance is virtually identical to the current Yorkville proposal and Naperville's was similar except that, after enactment, Naperville scaled back its ordinance to omit several of the provisions including the "step free entrance" provisions. The two communities experiences should provide a wealth of information on the cost/benefits of the proposal. What has been the impact on the two communities? Has the pace of building permits slowed as a result of the enactment? Why did Naperville dramatically scale back its provisions? How did Custom Builders conform to the new rules? How did Tract Builders conform to the rules? Did the resulting building practices reveal any new challenges or owner complaints? phone: 630.553. 1961 " fax: 630.553.3726 ® 2201 Meaclomim Lane, Yorwille, Illinois 60560 1 2. We do not know the answer to the above questions. However, there are likely government representatives, staff, builders and developers that could be consulted and would provide helpful information. One could speculate that buyers of large, expensive custom homes, as are prevalent in Naperville, balked at buying homes outfitted with ramps which did not meet their definition of being aesthetically pleasing. This possibly caused Naperville to scale back its provisions. Bolingbrook, on the other hand, has significantly more tract homes and may not have experienced the same buyer backlash. 3. The stated purpose of the Bolingbrook visitability code is to design and construct homes to provide reasonable visitabiiity for persons with disabilities. However, a fairer reading of the proposed provisions, taken as a whole, is that it addresses livability and accessibility solely for persons restricted to a wheelchair. What percentage of the population is this ordinance addressing? Is it necessary and/or reasonable to increase the cost and arguably reduce the aesthetics of every new home in Yorkville to provide a reasonable share of housing stock for this small percentage of population? Again, we don't have the answer but believe the question should be asked. Would it be more effective, cost efficient and desirable to enact a Subdivision Ordinance that sets aside a percentage of lots which must be reserved for building homes which meet the requisite criteria? is it a better solution to zone and promote assisted living housing and/or more senior housing to address the underlying issue? it seems to us that increasing the cost and possibly reducing the marketability of every new home in Yorkville may be a bit drastic if the real purpose of the ordinance is to supply an adequate housing stock for persons confined to a wheelchair. 4. What is the anticipated cost increase attributable to the proposal? How do these changes affect the value of a new home? The only information we have on increased cost estimates was provided in a dated Bolingbrook memorandum estimating the increased total increased cost of be $23911 . We find this figure hard to believe. it is probably only achieveable in tract home subdivisions platted, engineered and graded to allow lower foundations than those in Yorkville's existing Subdivisions. We would further speculate that the cost estimate utlilizes somewhat questionable building techniques such as S" top of foundations (significant increase in water leaks and seepage) and use of low quality home building materials. We do not believe that this ordinance should be passed without a ground up, defensible calculation of the increased cost by City of Yorkville with supporting documentation of the underlying building assumptions. The more significant question is how do the changes impact the value of a new home in Yorkville. We would speculate that the majority of homebuyers would not only attribute no value to the increased cost of construction but would, in all likelyhood, discount the amount they would be willing to pay for a home that may not be perceived as being aesthetically pleasing. We have no idea as to the amount of this discount but it could be dramatic in a community at the edge of growth. Any significant reduction in the value of the new home market in Yorkville may, in turn, cause a substantial market overhang thus lowering, or retarding the growth, in the value of the entire Yorkville market. 3. & We have not received any information as to how the City intends to implement the proposed Visitability code. Is it to apply only to future annexations? is the City planning on imposing the new rules on all building permits issued at some future date? We would strongly urge that the passage of the visitability code apply only to future annexations. Application of building code changes of this magnitude should not be applied retroactively to communities that were not designed, platted, engineered or graded to anticipate construction of homes meeting the step free entrance standards. The City Counsel should work closely with its engineering department to set subdivision street grades, curb heights, water drainage systems, lot widths and slopes, and side, front and rear building setbacks best suited to accomodate handicapped accessable residences. Homebuilders in existing subdivisions have significant investments in architectural plans, model homes, marketing literature and building know-how which are not geared to selling homes incorporating these Visitability requirements. Substantial time and investment will be needed to design, build and market such homes if we are to expect any success in the competitive marketplace. Thank you in advance for considering our thoughts on these matters. If you have any further questions regarding our notations, please do not hesitate to contact us. Sincerely, Chad Gunderson AMG Homes i John P. Shanahan • 1142 Grace Drive • Yorkville, IL 60560 • JPS337 @comcast.net • 630.553.0990 . 630.853.8111 14 May 2007 Mr, Travis Miller Community Development Director 800 C7ame Farm Road Yorkville, IL 60560 CC: Mr. William Dettmer, Chief Building Inspector; Ms. Valerie Burd, Mayor; distinguished City Council members Mr. Miller: My name is John Shanahan and I have been building in Naperville, IL since 1986 and in Yorkville since 2003. As an established custom builder who has experience working with disabled and handicapped individuals, I am encouraged to express my thoughts on the proposed visitability code that may be adopted in Yorkville. While attending college, I was the Volunteer Director of a recreational program for the handicapped. After college, I worked as the Job Placement Director for Little Friends in Naperville. I have also accomplished major renovations and remodeling projects for the handicapped as a builder, I incorporated Universal Design for accessibility by using the North Carolina State design files. I am very interested in Universal Design and know that there will be a growing need in the future. Because of my work with handicapped individuals, I have a tremendous amount of compassion for making their day-to-day lives as barrier-free as possible. That being said, I am concerned that the builders' input that I read in the Record does not truly address the real issues. Switch heights do not personally affect the occasional visitors, but are an issue for habitability. It is not likely that an occasional visitor takes it upon oneself to turn on and off lights at a home that is not their own. As for the implementation of ramps to be incorporated in all homes, the design factors with various plans and grading would impose severe problems. However without a 1/12 ramp and proper threshold, access cannot be gained without assistance to individuals in wheelchairs. With or without a ramp, there may need to be some assistance when visiting an unfamiliar home. The downstairs bath is another issue. Design guidelines call for a 5' turning radius and a 32" clear door path in the downstairs bath for wheel chaired persons. Perhaps there can be a compromise on an area smaller than the five feet; maybe a full turning radius isn't necessary for visitability. The goal should be for the downstairs powder room area to be independently accessible. Therefore, the most pressing issue when it comes to visitability is one's access and ability to use the bathroom or powder room. It is true that the downstairs additional bath floor space requirement may add expense to home cost depending on the original floor plan, if additional square footage is required. Visitability can never address anything more than what is intended. Each individual has specific needs. Although Universal Design goes a long way to make for a barrier-free environment, it still does not address the specific needs of a handicapped individual. This is also the case with visitability. Each handicapped individual has his or her own needs that are unique to them. Not all handicapped individuals will be assisted by these universal stipulations. Homes really need to be built specifically for handicapped persons in order for life to be truly barrier-free. Visitability is a difficult issue. I hope that the city council is not proposing this to be politically correct as some municipalities have done without really making it work for the handicapped individuals. If visitability is an important issue, it should really address the concerns of the handicapped individual. If the purpose is to make these future homes more able for visitation, we should get some input from the handicapped. Also, what is feasible economically and what compromises can we each make? I understand that handicapped individuals should be able to get as much dignity in their lives as possible. With that in mind, perhaps the bath access is really the best way to provide visitability. If the City Council votes to move forward on this issue, I would suggest that a simple study be done to find out the important issues. I have some contacts at the Rehabilitation Institute of Chicago and other handicapped organizations around Chicago that would provide the Council with accurate, usable data on this issue. Sincerely, John P. Shanahan Shanahan Homes Access Homes CC: Mr. William Dettmer, Chief Building Inspector, Ms. Valerie Burd, Mayor, distinguished City Council members ZONING AMERICAN PLANNING ASSOCIATION April aoo6 ® ISSUE NUMBER FOUR UNIVERSAL DESIGN s. 4 \ L� i F } i i 11 C i ti (; 4 ti 1 If ! �M1 r I _ _ k lftl � b : '� 11uII J9 � L Yell - . a . ._� c. Op Jennifer S. Evan-COF ey, VCR According to the 2000 U . S . Census, 20 percent of the American population reported some type of disability. I of those over the age of 65, 28 percent have buildings and products that promote equal Visitability is another term associated a physical disability. As the baby boomers opportunity for use by individuals, whether with universal design. Visitability is a move- . age, these figures will increase. As builders or not they have a disability. The Center for ment to change construction standards so Seel< to accommodate them, the idea of con Universal Design, located in the College of that new housing is designed to allow people strutting homes so that people can age in Design at North Carolina State University, with mobility impairments to live in the units place is growing in popularity. Planners gem lists seven principles: and visit others. The key features of visitabil- crafty like the idea of aging in place, but only Equitable use fly include wide doorways, at least a half a handful of cities are actively using their batn on the main floor, accessible placement development codes to mandate universal 7. Flexibility in use of electrical controls, and at least one zero- design and visitabilhic g. Simple and intuitive step entrance to a building. Visitability does not ensure complete access in a home, but it HAT Ij 15 tiffliff RSAL fdri AND 4 Perceptible Information ensures that public spaces, such as the VC,I FAG.ILIIV 5. Tolerance for error entrance, hallways, and bathroom are acces- The terms universal design and visitalinity 6. Low physical effort sible to someone in a wheelchair. This mini are unfamiliar to many planners. Universal mat level of accessibility allows for a person design is the design and production of 7. Size and space for approach and use with a disability to access a home, even if that person does not lire there, and allows a non-disabled person to continue residing in ' - 3�FM�."y�*�`�'�' ' v.az ? r r� h�� ' '?sysfar `Si a home in the event that the person clevel- - �' „ o p s a disability, The Americans with Disabilities Act gi Heag r La re ulres that buildings be accessible Co those , # 4¢f - 1 • still`;t with dlsablliCies. Planners have Incorporated its reytllrenen[s into zoning codes, such as a C fir kk � specific numberof parldng space< to be 44 Jill reserved for (hose with disabilities. This has typically meant that a ramp was added on the br side of a building or an elevator was tucked _ �*ar r t r u !'; x,q into a corner. However, those inning require- P. y� 3f J r v meats have not been extended to apply to sin 4 ? • �' r V = gle-family homes, Universal design promotes '8 I � �"a �v the Idea of creating places that are designed gdi t•� r 'J� foreveryone to access ratherthan being retrofitted for accessibility. Some examples Include providing no step ground entryways _ (to assist those in wheelchairs) with textured d - = o surface (to assist the blind), and providing wide interior doors and hallways, bright light. 111111 o 1111,1111 11111111 1 Jill Ila ing, handles with a lever rather than a twisting - if knob, and light controls operated with large ZONINGPRAC'fICE 4.06 AMERJ PLANNING ASSOCiAaoN I PQLw I Y��� x " '� w� � �F ��2 � blk'��`i r `L'2�'�d fr "i-`� �II4?ry3x'S�,�4e c��1 � ✓ j .yh r b ) 1 $ar * r �tt E v y It a �p s r panels rather than a toggle switch. In the If we knew that there is a change in the Sena law, requires all hornes Witter) a bathroom, grab bars are an important addi- demographics of our communities, planners speculative basis to include visitability tion. These allow a person in a wheelchair to should be actively seeking ways to help pent standards. transfer front the chair to the toilet or bathtub. pie age in place. At least 24. cities also have passed vis- itability tegislatiorr, modifying their building Wily Is UNIVERSAL DESIGN IMPORTAN"f7 code, including: I is more expensive e number of people in the United States o-0 Atlanta (1992) who have disabilities is growing. One reason C is that better health care has allowed people to retrofit a at Freehold Borough, New Jersey (1997) with disabilities to live longer lives. In addi- to Austin, Texas (1998) lion, tile portion of the population over the nonaccessible house ra Irvine, California (1999) age of 65 has been growing, and aging pro- L, lures a higher likelihood of disabilities, The than to have the house w Urbana, Illinois (2000) number of disabled veterans has also gro:vn. 't So Fort Worth, Texas (2000) For those with physical disabilities, rnade, accesslbie to ® Visalia, California (zoos) buildings can serve as a major obstacle to mobility. Providing for accessibility reduces begin with . P San Mateo County, California (2001) those obstacles, but does not eliminate them. at Albuquerque, New Mexico (2002) Even if a disabled person lives in on accessi- ble building, it i5 still difficult for people with BUILDING CODES, UNIVERSAL DESIGN, m San Antonio, Texas (2002) disabilities to access the homes of the non- AND VISITABILITY a Onondaga County, New York (2002) disabled. This inaccessibility makes it difficult Across the nation, citizens groups advocat- for those with disabilities to visit friends and ing for the disabled have been effective in a Southampton, New York (2002) family. winning passage of state and local legisla- ra Naperville, Illinois (2oo2) Homes accessible to people with disabil- tion that incorporates standards for visilabib ities are just as convenient for the non- try. According to the University of Buffalo, 14 a Pima County, Arizona (2002) disabled. Awide level entrance to a home states have passed such legislation. In a Long Beach, California (2002) makes it easier to move furniture into and out 1992, Georgia passed the first visitability So Iowa City, Iowa (2002) of a building, maneuver a stroller, or get legislation, creating the EasyLiving Home around if a household member has a sprained certification program for private homes. This rn Pittsburgh (2002) ankle, for example. Almost everyone has voluntary certification program requires new as Syracuse, New York (2003) experienced a situation where an object had homes to have a zero step entry and amide to be disassembled in order to move it interior passage doors, a full bathroom with m Bolingbrook, Illinois (zoo3) through a doorway. maneuvering space, and a bedroom on the In Escanaba, Michigan (2003) Many people with disabilities and sen- main floor. iors want to age in place, rather than have to Texas and Kansas have passed legisla- ea Chicago (2003) move to an assisted living facility or nursing tion requiring visitability for homes receiving to Houston (2004) home. It is more expensive to retrofit a non- public funding, Florida passed legislation St St. Petersburg, Florida (2004) accessible house than to have the house requiring that all new homes have a bath- made accessible to begin with. room on the ground level. Vermont, in a u Arvada, Colorado (2005) ZONING PRACTICE 4.06 AMERICAN PUNMING ASSOCIAnON 009e y,�. . Aubum, New Ytink (x005) The ordinance applies to all single-faro building codes, see the October 2002 issue of ily and duplex homes built in a group Of Zoning News, "Visitabilily Issues Drive :p Scranton, Pennsylvania (2005) seven or more units and requires a step free Building Cade Changes.") r, Toledo, 01hin (zoos) entrance, wider Interior doors on the ground i floor level, wider hallways, and accessible YOTHN' MQ MIM 1 r l it tXIN If! Most of the ordinances are restricted to first-floor bathrooms for a minimum of i5 11ONr!t6o e OUNTY, NI AdtYLAi4[. publicly funded housing projects. However, percent 0f the units built. An additional 15 The last decade produced many changes in the legislation in Pima County and percent of the hones constructed must pro or at building codes. However, zoning codes ! Bolingbrook requires all new houses to be vide a sop-he0 entrance, a maximum slope can also play a role in promoting universal built with visitabilily standards. Bolingbrook of viz, and an entrance door at least 32 design. Howard Carly, Maryland, requires warted with developers to promote the ordi inches in width. The city has also developed universal design features to be mcnipora,ed nance. The city found that the average price a fee-imfieu of visitability. The developer in age-restricted adult housing units through Increase pet hone would he no more than 1.5 must pay $2,5oo for each unbuiht visitable its zoning ordinance. The county's General Plan z000 in& k toted trial, over the neat 15 years the r x ' ;et .... . �'' county's population over the age of 55 would incieose from iq percent to to percent of the > ) 'r a1 - total population, or GG,oOO people. This will 3- c` r "' result in significant changes In the county's housing needs as more residents age in place x"�t` srfSe, 3 )ri 1 r or decide to "downslid to reduce their home ownership burdens and as larger numbers of 01tler adu Cs move into the county to be closer to their families. The plan identified three .� goals related to housing for seniors:li- k 9 v m Provide housing for older adults within 51 �� .. F_u90 � life and attractive communities through 91 1 maintenance, renovation, and modification of existing homes; ti Produce new liousing that meet= the needs of older adults while not detracting from the existing neighborhoods; and o Provide affordable and diverse housing to _ meet the needs of low. and moderate. Income seniors. 'K F 'Yt.#' T• �j 3p 't vu l'iLf '"4>"dyYq £nxy1y PaICA t' 'JOw 'q.jrr`f In an effort to meet these goals, the county k r -ox ,tir-- -rs O "= - council directed the Department of Planning and Zoning to work \still the departments of Housing percent. According to researchers Claar and home and £io,000 if the model home is not and Connnurfl y Cevelopnient; inspections, Bowen (see Resources lox), this reduced the visitable. The funds will be used to provide licenses and Permits; Citizen Servires; and the foals of the local homebuildecs, financial assistance to people seeking assis Commission on Aging to develop a Seniors Arvada, Colorado, which adopted a vis- tance in malting existing housing stock vis Housing Master Plan, which was completed in itabilily ordinance in ?005, recognized a Chang liable.. Arvada's goal is to have 30 percent of December 2000. A countywide survey found that ing demographic in the community. The all new homes in Arvada built to incorporate 70 percent of older residents want to remain in Comprehensive Plan for the City of Arvada vishabltty principles. that, homes or nearby. specificatty mentions universal design. As pall For the most pad, builders have The county planning department created of the objectives the plan states, "The city will accepted these new regulations, but Pima a committee to decide which universal design explore how to Include universal design grind- County was sued twice by the National @alures should be required. The county pies in new development projects." Assistant Association of Home Builders and the Pima wanted to balance affordability and adaptabii- city manager Vicki Reier says, "People hike to county Home Builders Association, once on ify. Howard County recognized -,hat housing - live in Arvada, and we want to build so people the local and once oil the federal level. The costs were already high and wanted to deter- can age in place and not have to move for city's ordinance was upheld in both cases. mine which universal design features have the accommodations." (For more Information on universal design In highest cost/benefit ratio. ZONINGPRACOCE 4.06 AMERICAN MMMING ASSOCIATION I Nov 4 141NIVER S F.I- OCSif rl l U' . Ur:i; I OR it r %C.-:TPic 1 014, 11 'r7Rgp (,()it III Yl ;AM 'fAi'ID lively expensive to retrofit in the future are --- --- - -- - —__ - J ' .I . d (ipTl m i( - -- � classified as desirable or optional. Developers of senior housing found i Accessible path between Security system and visual [he universal design guidelines helpful in Parking and the dwelling units Visual smoke detectors Identification of visitga creating new housing projects. The county for apartments _ plans to sbengthen the universal design ewdeiines as the market demands more All common standards areas must meet Serooth vertical transitions Handrails on both sides fealeres- The cowrty recognizes that new ADA sianda ids for apartments between rooms of as slabs corlstrudion vain be relatively limited mm No sleT entrance to Maneuvering spare at pared to the 97.000 existing housing units community buildings and all entrance, hetween main ay.rig Grab bars in bathrooms and that there is still a need to letrofit and areas, and in front of renovate older homes. dwellings appliances As a step toward more housing with umi vernal design features, the county is educat- Front door most be3G inches ing residents, real estate agents, and utmod- wide with ezlenor lighting of Law maintenance exterior Curbless shower eler5 about using universal design Jeatnes to the or materials - ... ___. renovate existing homes. They are also edo - All inferior doorways at least Covered main entry Multilevel or adjustable eating residents and homebuildeis about the. 32 Inches in vriddT kitchen counters value of vrsitability in all new residential construction. ' - Lever handles and and scald The county a also vaorking to educate Hall:a�ays it least 3f, inches in devices on all plumbing Pullout shelves in kitchen base cabinets residents about atthey w lesion Features and orkdlh pxtures the likelihood that they will be disabled in the --- -- - - _-- - - - - - future. The county recognized that many Complete fret floor living area adults over 5, don't perceive themselves as j with master bedroom and bath 31pcesistant flooring Hand-held shaveerhead seniors that need universal design features or (ou elevator if multistory trial their needs will change over bale. apartment) _._.... _ . _. Education will be critical in helping ensure Task lighting in Kitchen, That adults demand features that will allow Lever handles on inlerlor and Five foot turning radius Of T bash, and other them [o age in plane. eider rot doors turn in kitchen and bath areas Howard Cgnnlywas able to success- - -- - - - - - - - _ - fully implement the county's General Pan structural blocking for grab Switches, doorbells, thereto- by creating a Seniors Housing Master Plan 1 stats, and breaker boxes no Lighting in closets and j bars in bathroom walls near and amending the zoning ordinance. The more than GB inches above pantries toilet and shower result IS that new housing specifically the Hoar _. - - - designed for seniors will incorporate uniaer Electrical receptacles at least Adjustable closet rods sal design and vhsilability principles. 15 inches above the floor and shelving Seniors in Howard County will be able to age in place more easily. ' The county created the R SI District As part of tile R-SI zoning dishict >6Nl6G FOR U @iV -R,L DGf tG�IV IFI �I iResidentiah Senior-Institutional). This dis- requirements, developments must incorpo OT IM LOCATKINS trict allows age restricted adult housing and rate universal design features from Dle Andres Depot's Sma Kole incorporates vin- I other uses such as health care facilities, ;uidelines of the Department of Planning liability standards. The SmartCade requires a j nursing homes, religious uses, day treat and Zoning, which identify required, recom- zero-step entrance from an accessible path at ment facilities, and government uses. I lie mended, and optional features. "Plan soh the front, side, ur rear of each bulldog: all district requires that at least to percent of Millais must include description 's of the interior doors to be at least 32 inches in width jthe dwelling units be for moderate-income design features of the proposed dwellings to and there must be. a bathroom on the main persons. In addition, the county created a demonstrate their npin'oprobiness for the floor of each building. Sarasota, Florida. has PSC (Planned Senior Community) District ago, restricted population," the guidelines adopted the SmartCode. that allows age-restricted housing, assisled say. Before passing a zoning ordinance that living facilities, and nursing homes. The dis- Howard County chose to mqufln features requires modifications to the building code, a trict allows a density of eight units per acre that are critical and relatively inexpensive as community should review state legislation on sites that can accommodate at least 50 part of initial construction, but which would related to the building code. Ifyour state has ❑nits, Be costly to retrofit. Features that are rela- a uniform dwelling code, this may prevent ZONING PRAt rb-1 4 0 AMERICAN PLANNING ASSOCIATION I pva) 5 municipalities from creating and enforcing usehd information on the principles of universal design and links to area builders who integrate stricter standards for buildings except in cer. design and sample ordinances from acrossthe universal design into housing construction. tain situations. Some states prohibit any United States. Another source for helpful infor- Before drafting an amendment to the changes to building codes at the local level, motion about universal design is the Universal building or zoning code, planners should while others prohibit reducing code require- Design Handbook (see Resources), include housing for seniors as part of the ments below standards set by the state. For There are a variety ofways in which plan housing element of their community's com- example, New York, California, and Wisconsin nets can become engaged in promoting univer. ptehensive plan. This should then translate all have uniformity clauses in their building sal design and visitability principles. Baltimore into requirements in the zoning ordinance. code requirements that prohibit cities from County, Maryland, developed a brochure, "Your Howard County illustrates how goals related making any changes. In California, disability New or Remodeled Home Becomes Visitable to senior housing can be translated success- advocates are working to create statedevel When You Choose These Top Co Options." The fully into zoning requirements. After the plan enabling legislation that would allow local city of Irvine, California, developed a web page and ordinance are in place, it is important to governments to enact visitability laws, that provides information about universal evaluate the success of the ordinance. It is important to determine if a vislmbll- ilyordinance is a planning ordinance of a building ordinance. One Could reasonably - argue that visitability ordinances are planning ordinances, not building codes. Planning ordi- 7State-level nances routinely deal with the interior of rsal Design: www.design.ncsu.edu/cud homes, including height, materials, number e: www.concretechange.org of bedrooms, and house size. If the code requirements are placed in the zoning ordi- ding codes: www.firstsourceonbcom nance, as in the case of Howard County, then it is clearly a planning ordinance. If it is Other Resources viewed as a planning ordinance, then the City of Arvada, Colorado. zoos. Chapter XI, Visits bility Municipal Code. state-level building codes are irrelevant as www.municode,com/resources/gateway,asp?sid=6&pid=10370. long as the visitability requirements exceed City of Arvada, Colorado. 2oa5. Arvada Comprehensive Plan, wvnv,arvada.org/ the state building code requirements. Planners have a variety of other options to community/plan.php. incorporate visitability into the zoning code. For Casselman, Joel. Winter 2004. "Visilability: A New Direction for Changing Demographics." example, the zoning code could include density Practicing Planner. or other development bonuses to developers Clam, Roger C., and James 5. Bowen. January zoos. "Visitabitity: The Way of the Future in who incorporate visitability principles. Another Home Building," Illinois Municipal Review, option is to require an impact fee for accessibib Howard County, Maryland. 2004. Seniors Housing Master Plan. ity, similar to the method used by Howard www.co.ho.md.us/DPZ;DP2Docs/SHMPWebVersionoi28o5,pdf. County. Howard County, Maryland. 7004. Section 113.2 RSI Zoning Regulations. www.co.ho,fpd.us/DPZI'DpZoocs/ZoningRegloo2o5.pdf. CONCLUSION While a number of communities have passed City of Irvine, California. zoos. Universal Design Program. legislation, planners are still largely unaware www.ci.irviiie.ca.us/depts/cd/builditigsafety/accessibility_universal_design.asp. of the concepts of visitability. Planners need Preiser, Wolfgang, and Elaine Ostroff. 2001. Universal Design Handbook. New York: to increase their knowledge of disability MtGraw-Hill. issues. If visitability and other forms of access SmartCode. 2005. SmartCode Version Z.o. www.dpz.comipdf/SmartCodeV7.o-6-06- legislation are to be effective, planners and o5,pdf. other design professionals must be aware of U.S. Census. enact. Characteristics of the Civilian Noninslitutionalized Population by Age, the problems that people with disabilities Disability Status, and Type of Disability. www.census.gov/prod/2005Pubs/ ; face in accessing the built environment, censrvz3.PUT . Concrete Change, an international assod ation that promotes visitability, for the disabled, University of Buffalo. 2004. RERC on Universal Design of Buffalo. is actively mobilizing support for basic accessk www.,ip.buffato.edii/idea/Visitability. billy to dwelling units. Theirwebsite provides --- - -- —_"-- ZONINGPRACfICB 4.06 AMERICAN PLANNING ASSOCIAT,ON I page 6 t a the vicinity of the urban growth boundary near on site signs (which don't require a permit �.l NEWS D R I E { S Portland. While only 13 percent of claimants or fee) and off-s;te signs for which a permit MEASURE 37 UPHELD IN OREGON; wanted to build a single family house on their and fee are required. Outdoor Media BILLBOARDS LAW OVERTURNED property, 86 percent sought approval to sub- Dimensions, Inc. v. Department of By Lor a A. LUCIN0, Aloe divide in order to build multiple houses. Transportation, 2oo6 W1. __ (Ore. toot}. What does this mean for Oregon? As Ed The example the court noted was "a gas sta- Measure 37, the initiative that requires gov- Sullivan explains in the Apr it issue of Planning thin visible from a highway may, without a Council to pay property owners if a land-use & Environmental Law: permit, carry the message 'Gas for Sale,' but regulation reduces their property value, is Oregon's land use planning program still is it may not carry the message 'Eat at )oe's: alive and well in Oregon. On February n, the a national leader. Measure 37 is the anti- in Mites Ahead.... The court struck the per Oregon Supreme Court reversed the Marion thesis of that program. Nevertheless, the mit and fee requirement for outdoor adver County Circuit Court judge who had ruled last two now coexist. Oregon's experience in using signs, rather than declare the entire October that Measure 37 was unconslitu, dealing with Measure 37 will also be an OMIA invalid, Oregon legislators must now example for the rest of the nation. 44iUr the o back to the drawing board and refashion lional. For flue months, planners and other crisis Presented by Measure 37 will evolve g g opponents of Measure 37 hoped that this a more resotvicefut response, one that will the state's billboard regulations 0n'isk los- reckless assault on the state's Iationat plan- likely be more accommodating to the vari- ing federal funds through the [highway Wing system world ultimately fail. Otis regions and populations of the State. Beautification Act. Land use regulations, such as zoning It is unlikely that the Measure will be com- Lora A, Lucero, mcr, is editor of Planning & and subdivision controls, are the focus of pletely repealed, just as it is unlikely that Environmental Law, and staff liaison to APA's Measure 37 claims. Although they are impm the state's planning program will be amicus curiae committee. Cant tools For implementing the community's antithesis Out of the clash of thesis and antithesis will come a synthesis that will plans, voters in 2004 lost sight of the commu- reconcile these seeming opposites. The nity's interest and were swept up in the fervor future of planning lies In this synthesis. Pfoj�) (� jty Oil f- kill lto rlCquireti ) heir plopert)f i i ) etow Cale aciotihon of l ( ancl ills e retitle Uol ) r r Iflc)y ;t '„ `,ai9_ ci ( . lcajili _ir _lil1 > i: Hie Ssovelllll"lerl [ it they I � e �iev (' fh � re flIatiori hall, rocfurc�(1 thtI ,, , li/atue of their property, pill fl; of the private "property rights' campaign to A number of states are following _ i , ill „ pass the Measure. Now property owners who Oregon's unfortunate example. A Measure 7intilo r udice a Sp S48 or T ) Is fl,rdwor, at acquired their property before the adoption of 37 clone, the Property fairness Initiative, MIX Hill Sdnaeb, arcP, Editor, Michael DaoidSol, a land use regulation may assert a claim will be on the ballot this November in GurnI Edhoo iulieven 2e;gen, Assstanr Edlla: against the government if they believe the reg- Washington. Planners in Georgia are work- Li°.a tnornil Design ;md Ploduchou. ulation has reduced the value of their prop- ing to Iceep a similar measure from passing Copyright C9_.o06 by American Planning erty. The government will be required to pay or the legislature in that state. And most rU,niI aI ill n, Izl 4. Mlchignn Ace., Srfijr, 16cit, waive the application of the regulation. The recently, a petition was tiled to put a Chicago, It oo6o3. The American Planning trial court drought this provision amounted to Measure 37 clone on the ballot in a borough ASSe[ialiun also hs offfcas al 11 76l a requirement that government "pay to gov. in Alaska. Zoning Practice subscribers Massachusens Av[r., NAN., `Nashingl0n, D. .. em" or refrain from enforcing the land-use should keep their cursor pointed to APA's 2o036; :vww.pinnfl il:g.eG. regulation. The state supreme court disagreed. website where we will :rack legislative, All rights lebereecl. No part of n.is pulklicatilin APA and Its Oregon chapter filed an amt- legal, and electoral developments with such may be repmdurcd or utifi7ed in any Foun It by cus brief to share with the court a short sum. measures. any means, electreniC Or mechanicai, including mary of the history of land-use planning in On March 23, the Oregon Supreme photocopying recording, ;it by any information Oregon and describe how it has changed after Court declared the state's billboard regula- slum"Cl and ranif Vni sVStem, withom per,ntssion one year of processing claims and granting lions violate Article d, Section 8, of the state in carting f Win the American Planning waivers. The Department of Land Conservation constitution because the Oregon Motorist Assndardon. and Development found that an overwhelming Information Act loos 377-700 to 377 Bad and ! r rI „r ro-cs'r.l I rr . ,r to .,, number of Measure 37 claims have come from 377.992 (1999)1 distinguishes between ZONINGPRAC NCE 4.06 AMERICAN PLANNING ASSOCIATION I P9e 7 G iu H 6 G m OH L in g O m F+ Z � (JR 1—I ° O — M IP VIN m & nJ O � a N —INi m W et �I i ✓.0 rJ Iy Po L ° 4� W M �O N 'tl F' N •-t M � nrwro �.+ r. m r. Pmb x; omO a o m yt z o � Z u 0 0 N Q M Q Y y p Z Q M v N 0 j V dd Q M U z o u O = N p^q K Vl y �O Ian rI4 W N ' E L I\ R V Q N V1 V ems+ �i f �A� n i�� pw - 1 United City of Yorkville WATER DEPARTMENT REPORT PW ��-�3 � � 0 MARCH 2007 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 463 204 7,804,000 4 1393 542 188 7,895,000 7 1500 883 551 9,156,300 8 1500 861 477 12,533,000 9 1500 1125 577 263,000 TOTAL 37,651,300 CURRENT MONTH'S PUMPAGE IS 6,228,500 GALLONS MOR /LESS THAN LAST MONTH 37.620,208 GALLONS MORE LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,134,400 GALLONS DAILY MAXIMUM PUMPED: 2,272,400 GALLONS DAILY AVERAGE PER CAPITA USE: 113.4 GALLONS WATER TREATMENT CHLORINE FED:1053.4 LBS. CALCULATED CONCENTRATION: 3.7 MG/L FLUORIDE FED: 406.9 LBS. CALCULATED CONCENTRATION: 0.24 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLUURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.12 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 20 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS MXU'S 5 RESIDENTIAL: 55 COMMERCIAL: 2 INDUSTRIAL/GOVERNMENTAL: COMMENTS 1 water main break 101 E Center St. Lost 600,000 gallons of water due to main break. pw �-.aa United City of Yorkville as WATER DEPARTMENT REPORT APRIL 2007 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FE FEET GALLONS 3 1335 463 206 4,693,000 4 1393 542 189 5,450,000 7 1500 883 550 10,807,100 8 1500 861 476 2,008,000 9 1500 1125 577 21,744,000 TOTAL 44,702,100 CURRENT MONTH'S PUMPAGE IS 7,050,800 GALLONS OR LESS THAN LAST MONTH 44 666.561 GALLONS ORE LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,246,200 GALLONS DAILY MAXIMUM PUMPED: 3,162,600 GALLONS DAILY AVERAGE PER CAPITA USE: 124.6 GALLONS WATER TREATMENT CHLORINE FED:1396.2 LBS. CALCULATED CONCENTRATION: 3.7 MG/L FLUORIDE FED: 498.3 LBS. CALCULATED CONCENTRATION: 0.30 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 12 SAMPLES TAKEN 12 SATISFACTORY UNSATISFACTORY(EXPLAIN) FLOURIDE: 2 SAMPLE(S)TAKEN CONCENTRATION: 1.1 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 16 NUMBER OF LEAKS OR BREAKS REPAIRED: 1 NEW CUSTOMERS MXU'S 7 RESIDENTIAL: 53 COMMERCIAL: INDUSTRIAL/GOVERNMENTAL: COMMENTS 1 water main break at Fox & Heustis 400.000 gallons of water lost due to break. We also flushed every fire hydrant in town. C/Ty Reviewed By: Agenda Item Number J= Legal ❑ {�VJ c� Finance ❑ ESi. _ 1836 Engineer Tracking Number O g � � q City Administrator ❑ .9 �O Consultant ❑ Human Resources ❑ W akn� 7" �S <CE �1•� City Council Agenda Item Summary Memo Title: Raymond Storm Sewer Outfall—Change Order#4 City Council/COW Agenda Date: June 19, 2007 Committee of the Whole Synopsis: This change order in the amount of$2,055.95 is for placing erosion and sediment control measures at the upstream end of the outfall sewer. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: �N 1 o United City of Yorkville Memo J + '" 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 -4 l O y ` Fax: 630-553-3436 4.lei, ALE° ��•�`2 Date: June 12,2007 To: Bart Olson,Interim City Administrator From: Joe Wywrot, City EngineerU CC: Sue Mika, Finance Director Lisa Pickering,Deputy City Clerk Subject: Raymond Storm Sewer Outfall—Change Order#4 Attached find one copy of proposed Change Order#4 for the referenced project. This change order,in the amount of a$2,055.95 increase, is for erosion and sediment control measures taken by the contractor at the upstream end of the sewer. The plans for this project did not call for special protection at the upstream end of this storm sewer. When construction of the sewer was nearing completion,the beginning of the Raymond Regional detention basin excavation by the Raging Waves development was underway. In order to keep mud from washing into the storm sewer,we instructed our contractor to construct a filter comprised of crushed stone and straw bales, as well as protecting the area with silt and construction fencing. This work is complete, and I recommend that the change order be approved. Please place this item on the June 19'h, 2007 Committee of the Whole agenda for consideration. CHANGE ORDER Order No. 4 Date: May 22 2007 Agreement Date: November 20, 2006 NAME OF PROJECT: RAYMOND STORM SEWER OUTFALL, G-Z OWNER: United City of Yorkville CONTRACTOR: Wheaton Trenching, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS : 1 . Extra for additional erosion control measures installed at FES Z, summarized on the attached Wheaton Trenching Change Order No. 4 spreadsheet. 1 LUMP SUM @ $2, 055 .95 $23055.95 Change of CONTRACT PRICE: Original CONTRACT PRICE: $949 , 80025 Current CONTRACT PRICE adjusted by previous CHANGE ORDER(S) $ 1 ,215 ,657.99 The CONTRACT PRICE due to this CHANGE ORDER will be (increased)(deereased) by: $2,055. 95 The new CONTRACT PRICE including this CHANGE ORDER will be: $ 1 ,217,713.94 JUSTIFICATION 1 . See attached Wheaton Trenching Change Order No. 4 spreadsheet Change to CONTRACT TIME: NONE CO-01 GAPub1ic\Yorkvil1e\2004\Y00413 Raymond Storm Sewer Outfalkdocs\chgorder04 - FES Z erosion control.doc CHANGE ORDER NOA PAGE 2 OF 2 Approvals Required : To be effective this order must be approved by the appropriate jurisdictional agency if it changes the scope or j.ectiv of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL G NERAL NDITIONS . Requested by: Wheaton Trenching, Inc. Recommended by: , Engineering Enterprises, Inc. Accepted by: United City of Yorkville CO-02 GAPublic\Yorkville\2004\Y00413 Raymond Storm Sewer 0utfall\docs\chgorder04 - FES Z erosion control.doc WWUNDERGROUND CONTRACTORS Whearon Truwhhi,g, hw 1306 Piason Di., Bamvia, 1L 60510 Ph (630) 76 t-36001ax (630) 761-3601 United City of Yorkville May 9, 2007 800 Game Farm Road Job Number 20624 Yorkville, IL 60560 Change Order Number C04 Raymond Storm Sewer Excavated and place additional silt fence, 3" Stone and straw bales around Flared End Section Z, as directed by Engineering Enterprises, Inc. The following is a summary of the additional costs to remedy this unforeseen site condition. Description : Quantity Unit Price Amount 1 Labor (2) 6 HRS $59.86 $359. 16 2 Operator (1 ) 3 HRS $66.09 $198.27 3 Skid Steer (IDOT 2004 Equip Rates) 3 HRS $38.09 $114.27 4 3" Stone 63.6 Ton $14.29 $908.84 5 Straw Bales 10 EA $5.00 $50.00 6 Silt Fence 230 LF $0.65 $149.50 Total Cost Less O & P $ 1 ,780.04 Over Head 10% $178.00 Profit 5% $97.90 Total $2,055.95 Amount of Original Contract 9492800.25 Original Contract 949,800.25 949,800.25 This Change Order 21055.95 Previous Change Orders 2651857.74 Total amount of Adjusted Subcontract 1 ,217,713.94 Respectful Accepted By: SEE CHANGE ORDER NO. 4 Daniel Carlquist Printed Name: *SEE CHANGE ORDER NO. 4 C/T� Reviewed By: Agenda Item Number 0 0 Legal ❑ � , ..1-i; ; Finance ❑ EST. 1836 �� Engineer -4 7 C7 Vj City Administrator ❑ Tracking Number p O Consultant ❑ Human Resources ❑ LE City Council Agenda Item Summary Memo Title: In-Town Road Program (Phase 2 Utilities)—Change Order#1 City Council/COW Agenda Date: June 19, 2007 Synopsis: This change order is for replacing a section of sanitary sewer on Heustis Street between Van Emmon and Fox Streets. The cost of the work is $37,122.73. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo J 4 " 800 Game Farm Road E 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 o ", Fax: 630-553-3436 <lE Date: June 12,2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City erk Sue Mika,Finance Director Subject: In-Town Road Program(Phase 2 Utilities)—Change Order#1 Attached find one copy of proposed Change Order#1 for the referenced project. This change order,in the amount of a$37,122.73 increase, is for replacing a section of sanitary sewer on Heustis Street between Van Emmon and Fox Streets. This item was discussed at the April 10,2007 City Council meeting under the Mayor's Report. The estimated cost of the work at that time was $21,000_ The main reason for replacing the sewer was the proximity to the new watermain,but the old sewer was also very shallow,resulting in the combination of some private services that ran north along Heustis until they could connect to the sewer further down the block. Consequently,we designed the new sewer to be deeper to allow individual connections of sanitary services directly in front of each home. The original cost estimate was based on a conversation between Smith Engineering and the contractor. Afterwards the contractor indicated that the original estimate did not include sanitary services, and did not include the additional trench backfill due to the greater depth of the replacement sewer. Rather than negotiating new unit prices for those items we agreed with the contractor to pay for this work on a time and material basis, which is fair to both parties. At the start of construction,there was a layout error that resulted in about 100 additional feet of sewer being replaced. Smith Engineering had been planning to seek additional compensation from the city for the inspection of the sanitary sewer replacement,but due to the layout error they have offered to perform the inspection work at no cost to the city. The work is complete and the contractor has agreed to the cost as documented by this change order. I recommend that Change Order#I be approved for the amount of $37,122.73.Please place this item on the Committee of the Whole agenda of June 19, 2007 for consideration. CITY OF YORKVILLE CHANGE ORDER PROJECT NAME: 2007 In Town Utility Program JOB NO.: YORK-040818.01 -06 LOCATION: Huestis Street CHANGE ORDER: 1 CONTRACTOR : R.A. Ubert DATE: 5/25/2007 DESCRIPTION OF CHANGE ORDER : Point replacement of existing 8" sanitary serwer, and new sanitary service connections to homes. ORIGINAL CONTRACT AMOUNT: [1 ] $889,661 .00 TOTAL OF PREVIOUS AUTHORIZED CHANGE ORDERS: [2] $0.00 CURRENT CONTRACT AMOUNT: ([1 ]+[2]) [3] $889,661 .00 PROPOSED CHANGE ORDER: (PENDING APPROVAL) [4] $37, 122.73 PROPOSED REVISED CONTRACT AMOUNT: (PENDING APPROVAL) ([3]+[4]) [5] $926,783.73 NET OF ALL CHANGE ORDERS: (PENDING APPROVAL) ([2]+[4]) $37, 122.73 TIME EXTENSION OR REDUCTION: 0 TOTAL CONTRACT TIME: (PENDING APPROVAL) C MME DED E AN E : of Approved By: Resident Eng'J � r Date ('$1OKor25%) Mayor Date 4 , V A �G Approved By: Contras Date (�$+OK or 25%) City Manager Date , j lZ( o°I Attest: City lEjgineero Date City Clerk Date It is understood that as part of this change order that the Contractor agrees that all bonds, permits, insurance and guarantees are hereby extended to incorporate this Change Order. Page 1 of 2 SEC Group, Inc . Smith Engineering Consultants x SEC Automation • SEC Planning Extra Work Daily Report Contractor R.A. Ubert Construction Inc. Report No. #1 Date 5/7-5/11 Authorization No. #6 Project Yorkville Roads Description and Location of Work Point replacement of existing 8" sanitary sewer on Huestis Street. LABOR Worker Classification Number of Workers Hours Worked Total Hours Foreman 1 30 30 Operator 1 35 35 Laborer 2 35 70 Truck w/ driver 3 28.6 86 EQUIPMENT USED MATERIAL USED Description: Number of Description Quantity List Manufacturer, Model, Date, Caoacitv Hours 8" SDR 26 PVC Pie 364 L.F. John Deere 230 Excavator 35 4' Dia. Sanitary Manholes 3 Each 6" SDR 26 PVC Pie 90 L.F. 4' Barrel Section 1 Each 22 Degree Fittings 10 Each 45 Degree Fittings 10 Each Inserted Tees 9 Each Mission Couplings 9 Each Frame & Grate -2502 3 Each Manhole Wrap 3 Each Trench Backfill 350 Cu Yd REMARKS: APPROVED: APPROVED: Contractor's Representative Own,09 R15presentative Original: United City of Yorkville cc: <FILE> 2007 In Town Utility Program C.O. # 1 NO ITEM CURRENT UNIT UNIT I REVISED DIFFERENCE I AMOUNT CLAN PRICE QUAN 1* Labor 0.0 L.Sum $16,630.00 1 .0 1 .0 $16,630.00 2* Materials 0.0 L.Sum $8,330.23 1 .0 1A 1 $8,330.23 3* Equipment 0.0 L.Sum 1 $3,342.50 1 1 .01 1 .01 $3,342.50 4' Trench Backfill 0.01 L.Sum 1 $8,820.00 1 1 .01 1 .01 $8,820.00 TOTAL $37,122.73 ' Indicates new pay item(s) in schedule of quantities NO ITEM CURRENT UNIT UNIT REVISED DIFFERENCE AMOUNT QUAN PRICE CLAN 1* Foreman 0.0 $/hr $80.00 30.0 30.0 $2,400.00 2* Operator 0.0 $/hr $80.00 35.0 35.0 $2,800.00 3* Laborer 2 0.0. $/hr $65.00 70.0 70.0 $4,550.00 4* Truck w/DriverX 3 0.0 $/hr $80.00 86.0 86.0 $6,880.00 5 Trench Backfill 0.0 Cu Yd $25.20 350.0 350.0 $8,820.00 6 8" SDR 26 PVC Pipe 0.0 L.F. $5.32 364.0 364.0 $1 ,936.48 7 6" SDR 26 PVC Pipe 0.0 L.F. $3.45 90.0 90.0 $310.50 8 4' Dia Sanitary Manhole 0.0 Each $1 ,002.00 10 3.0 $3,006.00 9 4' Barrel Section 0.0 Each $312.00 1 .0 1 .0 $312.00 10 22 Degree Fittings 6" 0.0 Each $16.20 10.0 10.0 $162.00 11 45 Degree Fittings 6" 0.0 Each $19.80 10.0 10.0 $198.00- 12 Inserted Tees 6" 0.0 Each $95.00 9.0 9.0 $855.00 13 Mission Couplings 6" 0.0 Each $45.00 9.0 9.0 $405.00 14 Frame & Grate - 2502 0.0 Each $261 .75 3.0 3.0 $84525 15 Wrap 0.0 Each $100.00 3.0 3.0 $300.00 16 John Deere Excavator 0.0 $/hr $95.50 35.0 35.0 $3,342.50 TOTAL $37,122.73 Page 2 of 2 C/T` Reviewed By: Agenda Item Number Legal ❑ L r Finance ❑ EST. 1 _ 1836 b��Z�a`7 Engineer O &0 City Administrator F1 Tracking Number O Consultant ❑ Human Resources ❑ t / City Council Agenda Item Summary Memo Title: Kendall Marketplace—IDOT Letter of Understanding for Rt. 34 Improvements City Council/COW Agenda Date: June 19, 2007 Synopsis: This letter of understanding documents responsibilities for initial construction and future maintenance of the Rt. 34 improvements related to Kendall Marketplace. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Authorize Mayor to sign. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 0 oar o United City of Yorkville Memo e � '^ 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -< -� Telephone: 630-553-8545 0� U °� p Fax: 630-553-3436 <Q Date: June 12,2007 To: Bart Olson, Interim City A istratoppr�� From: Joe Wywrot, City Engineer U CC: Lisa Pickering, Deputy City Clerk Subject: Kendall Marketplace—IDOT Letter of Understanding for Rt. 34 Improvements Attached find one copy of IDOT's letter of understanding for the proposed roadway work along Route 34 related to the Kendall Marketplace development. The letter documents responsibilities for initial construction costs as well future maintenance. The terms of this letter are similar to other letters of understanding that we have approved recently for other developments along state highways. Please note that Isabel Drive is a private road that will provide access to Kendall Marketplace only, and therefore the maintenance responsibility for that signal will be entirely ours. I recommend that the City Council authorize the Mayor to sign this letter of understanding.Please place this item on the Committee of the Whole agenda of June 19, 2007 for consideration. 1111no Transportation Division of Highways 1 District 3 700 East Norris Drive / Ottawa, Illinois / 61350-0697 Telephone 815/434-6131 June 12, 2007 The Honorable Valerie Burd Mayor of Yorkville 800 Game Farm Road Yorkville , IL 60560 LETTER OF UNDERSTANDING Permit Application L- 10399 US Route 34 with Beecher Road and Isabel Drive (Main Access Drive) Dear Mayor Burd: This letter of understanding serves as a supplement to ( DOT's issuance of a highway permit to the City of Yorkville relevant to the proposed traffic signals to serve US Route 34 with Beecher Road and Isabel Drive (Main Access Drive) in Yorkville. It is mutually agreed that the City of Yorkville will assume responsibility for 100% of road construction and related traffic signal installation . All work will be done in accordance with the specifications of the permit. The City of Yorkville will continue its maintenance of watermain, sanitary storm sewer, sidewalk, highway lighting and appurtances located behind the curb. The City of Yorkville will assume responsibility of providing electrical energy and maintenance of emergency preemption, lighting and signals as indicated below. Level of Electrical Intersection Maintenance Maintenance Energy US Rte. 34 with Emergency Preemption Beecher Rd & I and Lighting Isabel Dr. State Share 0% 0% City Share 100% 100% US Rte. 34 with Isabel Dr. (Main Access Dr.) I Traffic Signals State Share 0% 0% City Share 100% 100% US Rte. 34 and Beecher Road . I Traffic Sginals State Share 50% 50% City Share 50% 50% Mayor Burd June 12. 2007 Page 2 It is mutually agreed that the actual signal maintenance will be performed by the City of Yorkville, either with its own forces or through an ongoing contractual agreement. Upon acceptance by IDOT of the new traffic signal installation(s) included herein , the responsibility for maintenance and energy outlined above shall become part of the Master Agreement executed by IDOT and the City of Yorkville on July 6, 2001 . IDOT retains the right to control the sequence of timing of the traffic control signals installed at the said intersection . All current city ordinance, regulating parking, encroachments and sanitary/storm water drainage along Route 34, shall remain in effect. Upon completion of the intersection , IDOT will assume responsibility of maintaining all through and turning lanes of US Route 34. The Department will assume maintenance of all curb and gutter adjoining the traffic lanes of US Route 34. You will note three copies of this Letter of Understanding are enclosed for your review. If you are in agreement with these proposals, please affix your original signature in the space provided on all three copies, retain one for your files and return two copies to the IDOT District 3 office in Ottawa. If you have any comments or questions concerning this project, please feel free to contact Dan Devine at 815-434-8505. Your cooperation is appreciated. Sincerely, George F. Ryan , P.E. Deputy D' ctor of Highways, Regio I ngineer „ / By: Bruce A. Hucker, P. E. District Operations Engineer DD ac sAopr\letter of understanding Approved: Mayor Burd, City of Yorkville Date 0`ED C/y y Reviewed By: Agenda Item Number ® Legal ❑ - �. iB Finance F] �\ ESL , �= leas Engineer \ o%U.7_ .4 City y City Administrator ❑ Tracking Number �s �O Consultant ❑ Human Resources ❑ -" � City Council Agenda Item Summary Memo Title: US 34 & Sycamore Road Traffic Signal—Design Proposal and MFT Resolution City Council/COW Agenda Date: June 19, 2007 Committee of the Whole Synopsis: This proposal and MFT appropriation resolution are for the design of traffic signals at the 34/Sycamore intersection. The proposal is for the amount of$29,796.30. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval of the design engineering agreement and the MFT appropriation resolution. Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: cl)y United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 w 09 Im Fax: 630-553-3436 Date: June 12,2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer U CC: Sue Mika, Finance Director Lisa Pickering, Deputy City Clerk Subject: US 34& Sycamore Rd. Traffic Signal—Design Proposal and MFT Resolution Attached find one copy of a proposed design engineering agreement with Smith Engineering Consultants for a traffic signal at the intersection of US Route 34 and Sycamore Road. The proposal is in the amount of$29,796.30. Also attached in an MFT appropriation resolution in the amount of$40,000 to cover this expense. This proposal is for the design of a traffic signal to serve the 3 existing legs of the intersection. The Rob Roy Falls development is planning to add a 4h leg on the north side,but to add that leg now will require a new Intersection Design Study(IDS)and result in a time delay for preparation of a new IDS and IDOT's review process. Given the likelihood that Rob Roy Falls will proceed with development soon,the City Council needs to decide between the following options: 1. Proceed with construction of a traffic signal for the existing 34egged 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-legged intersection when Rob Roy Falls constructs the north leg. 2. 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 finds that it would have spent on the 3-legged signal toward this ultimate signal. If we are to proceed with Option#2,timing for preparation and review of the traffic study,new IDS,and design plans will be very important in order to get the signal constructed in 2008. Since the Rt.34 widening improvements may not be constructed by then, the signal would need to be capable of serving existing Route 34 and then be modified by adding/moving signal heads at a later date for the widened Route 34. The Rob Roy Falls developer has indicated a willingness to discuss Option #2 further, but to date we have only discussed that option in general terms. Attached find a letter from the developer's traffic consultant providing more detail about Option #2 and also suggesting a third option (which they refer to as Option #2), that being construction of a temporary span-wire signal which would remain in use until Rob Roy Falls constructs the north leg. The idea of a span-wire signal has been discussed with IDOT in the past, but they are not in favor of that idea. There is no way of knowing how long the temporary signal may be in service, and these types of signals tend to have signal heads twist out of alignment resulting in visibility problems. IDOT has indicated that they would not allow a temporary span-wire traffic signal to be in service for more than one year. The signal would also require video detection of oncoming traffic, and IDOT District 3 has not fully embraced that new technology. Please note that the FY 07-08 MFT budget only has about $9000 in contingency. Since we will not be using MFT funds for the Gawne Lane Watermain & Roadway Improvements (a.k.a. Wooddale Lane project), that frees up $30,000 which we could use to help fund the design engineering. The Palmer Court project will need to be put on hold due to the sanitary sewer component of that project being used to fund the Gawne Lane project, therefore we could apply the budgeted Palmer Court MFT funding ($70,000) to the traffic signal project. I recommend that we delay the Faxon Road right-of-way acquisition ($50,000) and the Van Emmon road work ($30,000) until we open bids for the traffic signal, and make a decision at that time about funding of those projects. Please place this proposal and MFT resolution on the June 19, 2007 Committee of the Whole agenda for consideration. L Kenig, Lindgren, O' ne, r,1 .ulnni 1114- ., . = 18 .090 . I 1 .tune 11 . 2007 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorke ille, Illinois 60560 Re: U .S. Route 34 and Sycamore Road Dear Joe- Per our discussion, Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) is currently conducting the traffic impact study for the proposed Rob Roy Falls development to be located on the north side of U.S. Route 34 in Yorkville, Illinois. Ultimately, the development will add a fourth leg to the intersection of U.S. Route 34 and Sycamore Road. It is our understanding that the intersection is approved for a traffic signal and that the City is considering constructing such signal this year. The timing of such installation with the proposal to add a fourth leg is an issue that will be considered by the City. Based on our experience with IDOT District 3 regarding review time for approvals of signalization on IDOT routes, such reviews can take nine to twelve months. The submittals required before receiving a final approval include a Traffic Impact Study, Intersection Design Study and Traffic Signal Plans. Each submittal will require a review time of approximately five to six weeks. Therefore, it is our estimate that the fourth leg will not be approved until early next summer. We do not anticipate IDOT approving this fourth leg without considering the other intersections being proposed along U.S. Route 34 and the overall impact of the proposed development and others along the corridor. If a traffic signal is to be installed this year, I suggest the following two options. 1 . Locate the signal poles and mast arms taking into account the ultimate geometry of the intersection to minimize relocation and replacement of signal equipment. 2 Install a temporary signal designed and located such that it can be utilized during construction of the fourth leg and associated improvements. After the addition of the fourth leg, the permanent signal could then be installed. KLOA, Inc. Ilau,pul lauun .,nd P,111, niti l „ nnin� l un,ullam , Mr. Joe Wywrot June 11 , 2007 Page 2 Option 42 is more economical in that a temporary signal typically costs approximately one third of a permanent one and that it can be also used during construction It will address the short term needs of the area at the same time leaving enough funds to be applied towards the future construction of a permanent signal. Should you have any questions or require additional information, please let me know, crly uay R. A oona, PE Principal C: Drew Daniels, Sexton Companies Mike Cook, C.M. Lavoie & Associates, Inc. Rolf Campbell, Rolf C. Campbell & Associates LRA\ps Wywrnl U S Route 34 and Sycamore Road June 112007 Ira (r Illinois Department Resolution for Improvement by Municipality Under the Illinois of Transportation Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees United City of Yorkville Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Veterans Parkway U. S. Rte. 34 At Sycamore Road BE IT FURTHER RESOLVED, 1 . That the proposed improvement shall consist of contract plans and specifications for the installation of traffic signals at the intersection of U.S. Route 34 (Veterans Parkway) and Sycamore Road in the United City of Yorkville and shall be constructed N/A wide and be designated as Section 07-00035-00-TL 2. That there is hereby appropriated the (additional ❑ Yes ® No) sum of Forty Thousand Dollars ( $40,000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds. 3. That work shall be done by contract and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I , Jackie Milschewski Clerk in and for the United City of Yorkville City, Town or Village County of Kendall hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) City, Town, or Village Clerk Printed 5/31/2007 BLR 09111 (Rev. 11106) Municipality L Name United City of Yorkville O fil6n®� ®�pa1$PS ��tt C Smith Engineering Consultants c of Trartsportattort p Township A S Address L 759 John Street Preliminary Engineering U county A Services Agreement L City G For T Kendall E Motor Fuel Tax Funds A Yorkville Section C T State 07-00035-00-TL y Illinois THIS AGREEMENT is made and entered into this day of between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the improvement of the above SECTION. Motor Fuel Tax Funds, allotted to the LA by the State of Illinois under the general supervision of the State Department of Transportation, hereinafter called the "DEPARTMENT', will be used entirely or in part to finance ENGINEERING services as described under AGREEMENT PROVISIONS. Section Description Name Traffic Signal Plans and Specifications Route U.S. Route 34 Length N/A Mi. N/A FT (Structure No. N/A ) Termini At Sycamore Road Description: Contract plans and specifications will be prepared for the installation of traffic signals at the intersection of U. S. Route 34 and Sycamore Road in the United City of Yorkville Agreement Provisions The Engineer Agrees, 1 . To perform or be responsible for the performance of the following engineering services for the LA, in connection with the proposed improvements herein before described, and checked below: a. ❑ Make such detailed surveys as are necessary for the preparation of detailed roadway plans b. ❑ Make stream and flood plain hydraulic surveys and gather high water data, and flood histories for the preparation of detailed bridge plans. c. ® Make or cause to be made such soil surveys or subsurface investigations including borings and soil profiles and analyses thereof as may be required to furnish sufficient data for the design of the proposed improvement. Such investigations are to be made in accordance with the current requirements of the DEPARTMENT. d. ❑ Make or cause to be made such traffic studies and counts and special intersection studies as may be required to furnish sufficient data for the design of the proposed improvement. e. ❑ Prepare Army Corps of Engineers Permit, Department of Natural Resources-Office of Water Resources Permit, Bridge waterway sketch, and/or Channel Change sketch, Utility plan and locations, and Railroad Crossing work agreements. f. ❑ Prepare Preliminary Bridge design and Hydraulic Report, (including economic analysis of bridge or culvert types) and high water effects on roadway overflows and bridge approaches. g. ® Make complete general and detailed plans, special provisions, proposals and estimates of cost and furnish the LA with five (5) copies of the plans, special provisions, proposals and estimates. Additional copies of any or all documents, if required, shall be furnished to the LA by the ENGINEER at his actual cost for reproduction. h. ❑ Furnish the LA with survey and drafts in quadruplicate of all necessary right-of-way dedications, construction easement and borrow pit and channel change agreements including prints of the corresponding plats and staking as required. Note: Four copies to be submitted to the Regional Engineer Printed 5/31/2D07 Page 1 of 4 BLR 05510 (Rev. 11/06) i. ❑ Assist the LA in the tabulation and interpretation of the contractors' proposals j. ❑ Prepare the necessary environmental documents in accordance with the procedures adopted by the DEPARTMENT's Bureau of Local Roads & Streets. k. ❑ Prepare the Project Development Report when required by the DEPARTMENT. (2) That all reports, plans, plats and special provisions to be furnished by the ENGINEER pursuant to the AGREEMENT, will be in accordance with current standard specifications and policies of the DEPARTMENT. It is being understood that all such reports, plats, plans and drafts shall, before being finally accepted, be subject to approval by the LA and the DEPARTMENT. (4) In the event plans or surveys are found to be in error during construction of the SECTION and revisions of the plans or survey corrections are necessary, the ENGINEER agrees that he will perform such work without expense to the LA, even though final payment has been received by him. He shall give immediate attention to these changes so there will be a minimum delay to the Contractor. (5) That basic survey notes and sketches, charts, computations and other data prepared or obtained by the Engineer pursuant to this AGREEMENT will be made available, upon request, to the LA or the DEPARTMENT without cost and without restriction or limitations as to their use. (6) That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by him and will show his professional seal where such is required by law. The LA Agrees, 1 . To pay the ENGINEER as compensation for all services performed as stipulated in Exhibit A. paragraphs 1 ° 1g, 11, 2, 3 , a. ❑ A sum of money equal to percent of the awarded contract cost of the proposed improvement as approved by the DEPARTMENT. b. ❑ A sum of money equal to the percent of the awarded contract cost for the proposed improvement as approved by the DEPARTMENT based on the following schedule: Schedule for Percentages Based on Awarded Contract Cost Awarded Cost Percentage Fees Under $50,000 (see note) % % Note: Not necessarily a percentage. Could use per diem, cost-plus or lump sum. ",ill be reimbursed t9 the ENGINFRR At his aGtUal G96t. SubjeGt te the approval of the LA, the ENGINEER PAay sublet all oF paFt 9f the seRdGes ppqvided undeF the paFaqFaph 1 b, 1G, 1d, le, #, 1 h, 1j & 1k. if the ENGINEER sublets all oF paFt 9f this we*, the LA Will P@Y the G96t t9 the ENGINEER plus a five (5) perGeRt sePAGe Ghapge. �Gest to F.Rq!Ree�' te be verified by furnish!Rg the LA and the DEPARTMENT G9Ples Of iRVG)iGeS fFem the Party d9iR9 the sh9uld RqFmally be pe4qFmed by lesseF sala�ed peFseRRel, the wage Fate billed f9p suGh seNlGes shall be t with the w9rk peFfqrmed. Printed 5131/2007 Page 2 of 4 BLR 05510 (Rev. 11106) C �Piqdpi:PA DC 3 . That payrnapftq di-e '-hp ppaGt Gable ;;ftpr thp servipaq have beeR P-4---" IR PPgArdPnnn with the f9491MR9 SGhedul&L the tpt;;l fee di P inder tha . . _d on the awarded P;ni;tpact Gast, less any aR;9uRts paid undei: ta!�-- ^ hn By Mutual a9peemeRt, partial paymeRtS, Rot to eXG99d 90 PeFGeRt Of the aFRquRt earned, PAay be R;ade from time te tipi;e AS the 1YAFk PFGgFeSS86. 4 . That, 6hould the iiznpi:eve;�AeRt be �handpned at aRy time aftep the ENGINEER has peFfermed aRy part of the Be E—;NQIAICCD F his 4 I p9sts I t inGuFred up tm the +'.nn he etifie 1 in rtin of c nh h d 4 4 I Y' being defiRed h 4 of THE I A AGREES 5 , That, shGuld the LA require Ahariges in aRy 9f the detailed plans, GpeGific;�ti(Dnq AF PqtIFnRtPS 6XGePt for these Feg4red pursuant tq paragi;aph 4 qf THE FWC;INFF=R 4QRF=Es, after they have been appr@ved by the DEPARTMENT, the I=A w !I rPqr1inPqc; in RPP,fe "artual Anst" beiRg defined as iR paragizaph 2 Gf THE LA AGREES. it is w, ,de, stood that "Ghanges" as 4 Pf Plans and c nifi Latin It is Mutually Agreed, 1 . That any difference between the ENGINEER and the LA concerning their interpretation of the provisions of this Agreement shall be referred to a committee of disinterested parties consisting of one member appointed by the ENGINEER, one member appointed by the LA and a third member appointed by the two other members for disposition and that the committee's decision shall be final. 2. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at his last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all surveys, permits, agreements, preliminary bridge design & hydraulic report, drawings, specifications, partial and completed estimates and data, if any from traffic studies and soil survey and subsurface investigations with the understanding that all such material becomes the property of the LA. The ENGINEER shall be paid for any services completed and any services partially completed in accordance with Section 4 of THE LA AGREES. 3. That if the contract for construction has not been awarded one year after the acceptance of the plans by the LA and their approval by the DEPARTMENT, the LA will pay the ENGINEER the balance of the engineering fee due to make 100 percent of the total fees due under this AGREEMENT, based on the estimate of cost as prepared by the ENGINEER and approved by the LA and the DEPARTMENT. 4. That the ENGINEER warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this contract, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this contract. For Breach or violation of this warranty the LA shall have the right to annul this contract without liability. Printed 5131/2007 Page 3 of 4 BLR 05510 (Rev. 11/06) IN WITNESS WHEREOF, the parties have caused the AGREEMENT to be executed in quadruplicate counterparts, each of which shall be considered as an original by their duly authorized officers. Executed by the LA: United City of Yorkville of the (Municipality)-township/County) ATTEST: State of Illinois, acting by and through its By Clerk By (Seal) Title Executed by the ENGINEER: Smith Engineering Consultants 759 John Street ATTEST: Yorkville, Illinois 60560 By L Ills Title Administrative Assistant Title Principal N�IIC•84A1@OFRUHOIS Approved Date Department of Transportation Regional Engineer Printed 5/31/2007 Page 4 of 4 BLR 05510 (Rev. 11/06) Smith Engineering Consultants Civil/Structural Engineers and Surveyors EXHIBIT A PROPOSAL/AGREEMENT for PHASE II - CONTRACT PLAN PREPARATION U.S. ROUTE 34 AT SYCAMORE ROAD TRAFFICE SIGNAL PLANS Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Phone: (630) 553-8527 Fax: (630) 553-3436 SEC Job No.: YORK-070427 May 31 , 2007 Illinois e Texas A division of SEC Group, Inc. 759 John Street, Yorkville, Illinois 60560 t. 630.553.7560 f. 630.553.7646 www.sccgroupinc.com Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31 , 2007 Page 2 I. Project Understanding A. General Understanding/Assumptions The United City of Yorkville (City) intends to complete the installation of traffic signals at the intersection of U.S. Route 34 and Sycamore Road and has requested that Smith Engineering Consultants (SEC) submit a proposal for the preparation of contract plans and specifications. Traffic signal plans for this intersection were previously prepared by Michael J. Cap Ltd. in 1997 and all of the underground components (excluding electric cable) have been constructed per those plans. Due to the time that has elapsed, the Illinois Department of Transportation (IDOT), District 3 has requested that a complete and new set of traffic signal plans be submitted for review and approval. IDOT, District 3 has also expressed concerns with regard to the location of the signal foundations constructed according to the 1997 plans. Based on a preliminary field investigation, it is assumed that only the foundation in the southwest comer can be preserved from the four (4) constructed. The foundation in the southeast quadrant has been damaged and the two (2) on the north side of the road are within the U.S. Route 34 clear zone. It is also assumed that the controller foundation will need to be replaced in order to accommodate the installation of a battery back-up system. Per the City's request, the following will be incorporated into the new traffic signal plans: 1 . Opticom emergency vehicle pre-emption equipment. 2. Battery back-up system. 3 . Veterans Parkway to be included on the U.S. Route 34 mast arm mounted street name sign. In a letter to the City dated June 26, 2006, IDOT, District 3 requested that the traffic signals at Sycamore Road be interconnected to the proposed traffic signals 2, 100' to the east (Beecher Road). IDOT, District 3 has also indicated that a revised Intersection Design Study (IDS) will not need to be submitted as they anticipate that no additional roadway improvements will be required. B. Design Criteria The traffic signal plans and specifications will be prepared in accordance with the Traffic Signal Design Guidelines for IDOT, District 3. ri Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31, 2007 Page 3 II. Scope of Services A. Surveying Services (YORK-070427-SU 01) Miscellaneous Pick-up Survey SEC has a majority of the survey information necessary for preparation of the traffic signal plans and specifications for U.S. Route 34 at Sycamore Road from an adjacent project along U.S. Route 34. Various miscellaneous pick-up surveys will be required. Time has been included in the contract for creating a survey base file for the project and incorporating the miscellaneous pick-up survey items. B. Engineering Services (YORK 070427-TR 05) Traffic Signal Plans and Specifications Traffic signal plans and specifications will be prepared for the intersection of U.S. Route 34 and Sycamore Road. The plans and specifications will be submitted to the City and IDOT, District 3 for review and approval. It is assumed that two (2) submittals will be required to obtain IDOT, District 3 approval of the plans and specifications. The following will be completed as part of the traffic signal plans and specifications: 1 . Traffic Signal Plans and Specifications ITEM NO. OF SHEETS Cover Sheet / Index / Standards 1 General Notes 1 Summary of Quantities 1 Traffic Signal Installation Plan 3 Cable Plan and Phase Designation Diagram 1 Mast Arm Loading Diagrams / Street Name Signs 1 Traffic Signal Interconnect Plan (to Beecher Road) 2 Traffic Signal Details 2 Special Provisions Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31, 2007 Page 4 2. Quantity Tabulations Tabulate and check quantities for all the project pay items. 3 . En>ineer' s Opinion of Probable Cost An Engineer's Opinion of Probable Cost (EOPQ for the project will be prepared and submitted to the City and IDOT, District 3 for review and approval. 4. Bid Documents All IDOT, District 3 forms necessary for the City' s use in obtaining Contractors' proposals will be prepared as part of the bid package. 5 . Phase III Consultation Time has been allotted for the coordination required during the construction phase of this project. C. Meetings It is assumed that no meetings will be required for this project. D. Administration/Coordination 1 . This item includes general administrative tasks associated with the proposal. 2. Conduct general coordination throughout the project with IDOT, District 3 and the City. 3. Utility Coordination: Submit preliminary plans to the various utilities, known to have services within the project limits so that they may note the locations of their existing facilities. Existing information obtained from utility companies will be incorporated into the plans. Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31 , 2007 Page 5 E. Deliverables Traffic Signal Plans and Specifications 1 . The following will be submitted to IDOT, District 3 : a) Preliminary Plans — Six (6) half-size sets of the preliminary plans, six (6) copies of the preliminary special provisions, and the preliminary EOPC. b) Final Plans — Three (3) half-size sets of the final plans with mylar cover and summary of quantities, three (3) copies of the final special provisions, and the final EOPC. 2. The following will be submitted to the City: a) Preliminary Plans — Two (2) half-size sets of the preliminary plans, two (2) copies of the preliminary special provisions, and the preliminary EOPC. b) Final Plans — Two (2) half-size sets of the final plans, two (2) copies of the final special provisions, and the final EOPC. 3 . The following will be submitted to each of the utilities known to have services within project limits: a) Preliminary Plans — Two (2) full-size sets of the preliminary plans so that the utility companies may note the locations of their existing facilities. b) Final Plans — One (1 ) full-size set of the final plans. F. Services by Others Soil boring data for three (3) mast arm foundations will be obtained from Midland Standard Engineering and Testing, Inc. (MSET). G. Information to be Provided by Client The City has already provided SEC with the following, prepared by Michael J. Cap, Ltd., for use in preparing the traffic signal plans and specifications: 1 . Traffic Signal Installation Plan and General Notes (revised 11/14/97). 2. Cable Plan, Phase Designation Diagram, Mast Arm Loading Diagrams, Mast Arm Mounted Street Name Signs, and Schedule of Quantities (revised 11/14/97). Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31, 2007 Page 6 H. Not Included in Contract The following tasks will not be completed as part of the project: 1 . Intersection Design Study (IDS). 2. Roadway Plans and/or Specifications. 3 . Public Informational Meetings. 4. Temporary Traffic Signal Plans. 5. Construction Layout or Construction Observation. III. Fee Summary Based upon our understanding of the project as detailed in this Contract, the following is a summary of fee associated with the project. This Contract will be completed as a Lump Sum Contract for professional engineering and surveying services. The individual fees are estimates, while the total is the overall Lump Sum Contract Fee. Reimbursables will be billed on a Time and Material Basis; fee estimates are shown below. LUMP SUM: ITEM; LABOR COST SUB _ CONSULTING ' Surveying (SU 01) $ 2,050.00 Engineering TR 05) $23,960.00 $ 2,995.00 Sub Total:;; $26,010.00 N/A $ 29,005.00 Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31, 2007 Page 7 TIME AND MATERIAL/REIMBURSABLES ESTIMATES: ITEM LABOR COST DIRECT COSTS Prints $ 591 .30 UPS/Mailings $ 200.00 Sub Total: N/A $ 791 .30 TOTAL: $ 791.30 GRAND TOTAL: $29,796.30 Labor'+ Reimbursables Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road ri Traffic Signal Plans SEC Job No. YORK-070427 May 31, 2007 Page 8 Iv. ADDITIONAL CONTRACT UNDERSTANDING Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. Outside Consultants SMITH ENGINEERING CONSULTANTS, A division of SEC Group, Inc., is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to SEC for use in preparation of plans. SEC is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated in the Scope of Work. Design Without Construction Review It is agreed that the professional services of SEC do not extend to or include the review or site observation of the contractor's work or performance. It is further agreed that the CLIENT will defend, indemnify and hold harmless SEC from any claim or suit whatsoever, including but not limited to all payments, expenses or costs involved, arising from the contractor's performance or the failure of the contractor's work to conform to the design intent and the contract documents. SEC agrees to be responsible for its employees negligent acts, errors or omisoons. Attorneys' Fees In the event of any litigation arising from or related to the services provided under this AGREEMENT, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related expenses. Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against SEC unless the CLIENT has first provided SEC with a written certification executed by an independent design professional currently practicing in the same discipline as SEC and licensed in the State of Illinois. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state in complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to SEC not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration or judicial proceeding. Standard of Care Services provided by SEC under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Job Site Safety Neither the professional activities of SEC, nor the presence of SEC'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. SEC and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT, SEC and SEC'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31, 2007 Page 9 Reuse of Documents All project documents including, but not limited to, plans and specifications furnished by SEC under this project are intended for use on this project only. Any reuse, without specific written verification or adoption by SEC, shall be at the CLIENT's sole risk, and CLIENT shall indemnify and hold harmless SEC from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Ownership of Instruments of Service All reports, plans, specifications, field data, field notes, laboratory test data, calculations, estimates and other documents including all documents on electronic media prepared by SEC as instruments of service shall remain the property of SEC. SEC shall retain these records for a period of five (5) years following completion/submission of the records, during which period they will be made available to the CLIENT at all reasonable times. Failure to Abide by Design Documents or to Obtain Guidance The CLIENT agrees that it would be unfair to hold SEC liable for problems that might occur should SEC'S plans, specifications or design intents not be followed, or for problems resulting from others' failure to obtain and/or follow SEC'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing SEC'S plans, specifications or other instruments of service. Accordingly, the CLIENT waives any claim against SEC, and agrees to defend, indemnify and hold SEC harmless from any claim for injury or losses that results from failure to follow SEC'S plans, specifications or design intent, or for failure to obtain and/or follow SEC'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing SEC'S plans, specifications or other instruments of services. The CLIENT also agrees to compensate SEC for any time spent and expenses incurred by SEC'S prevailing fee schedule and expense reimbursement policy. Opinion of Probable Construction Cost SEC shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by SEC. SEC is not a construction cost estimator or construction contractor, nor should SEC'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. SEC'S opinion will be based solely upon his or her own experience with construction. This requires SEC to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which SEC has no control. Given the assumptions which must be made, SEC cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against SEC relative to the accuracy of SEC'S opinion of probable construction cost Design Information in Electronic Form Because electronic file information can be easily altered or corrupted, modified by other parties, either intentionally or inadvertently, without notice or indication, SEC reserves the right to remove itself from of its ownership and/or involvement in the material from each electronic medium not held in its possession. The CLIENT shall retain copies of the work performed by SEC for information and use by the CLIENT for the specific purpose for which SEC was engaged. Said materials shall not be used by the CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other purpose for which the material was not strictly intended by SEC without SEC's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at the CLIENT's sole risk. SEC makes no warranties, express or implied, and assumes no responsibility for any damages the CLIENT may incur through its use or misuse. This material is subject to change at our discretion. Coordination for updates is the responsibility of the CLIENT. SEC is not responsible to the CLIENT for updating the electronic file or for compatibility with the CLIENT's hardware and/or software. It is the CLIENT's responsibility to examine material for virus contamination prior to use. Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31 , 2007 Page 10 The CLIENT agrees to defend, indemnify, bold harmless SEC, its Officers and employees from any and all claims, injuries, damages, losses, expenses, attorney's fees, and liabilities that may arise or result from the use of this information by the CLIENT or its employees. Dispute Resolution In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Consultant and CLIENT agree that all disputes between them arising out of or relating to this AGREEMENT shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. If the dispute cannot be settled amicably, it shall then be settled by arbitration in the State of Illinois in accordance with the American Arbitration Associates. The Award of the arbitrator shall be conclusive and binding upon the parties. The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of SEC and its subconsultants to the CLIENT for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of SEC and its subconsultants to all those named shall not exceed SEC'S total fee for services rendered on this project, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. Payment 1 . All work will be invoiced on a monthly basis. All invoices shall be paid within 30 days of the invoice date. All outstanding invoices greater than 30 days shall have 1 .5% interest compounded monthly added to the invoice. Should the CLIENT fail to pay for professional services hereunder, as billed within 30 days of such billing, SEC shall be excused from rendering any further services under this project. No work shall be signed or sealed until payment in full is received. 2. This AGREEMENT shall not be enforceable by either party until each has in its possession a copy of this AGREEMENT signed by the other. Time Limit This AGREEMENT must be executed within thirty (30) days of the composition date to be accepted under the terms set forth herein. This contract shall expire one year from date of execution. Work cannot begin until we have your signed AGREEMENT. If this AGREEMENT merits your approval and acceptance, please sign both copies, retain one copy for your files and return one to our office. _ Mr. Joe Wywrot United City of Yorkville U.S. Route 34 at Sycamore Road Traffic Signal Plans SEC Job No. YORK-070427 May 31 , 2007 Page 11 We sincerely appreciate this opportunity to offer our services. If this AGREEMENT merits your approval and acceptance, please sign both copies, retain one ( 1) copy for your files and return one (1) to our office. This AGREEMENT is approved and accepted by the Client and Consultant upon both parties signing and dating the AGREEMENT. The effective date of the AGREEMENT shall be the last date entered below. Sincerely, SMITH ENGINEERING CONSULTANTS Ant o y P. S r s P.E. Civil er III Appr Andrew Sv/aP".E Principal APS/pag CLIENT: Accepted by: Printed/Typed Name: Title: Date: Client: _ United City of Yorkville YAJobs\Smith\2007\070427-YORK US Route 34 @ Sycamore RdWAdministration\contract\YORK-070427-Contract-U.S. Route 34 at Sycamore Road-Traffic Signal Plans-053107-aps.doc \'k cin Reviewed By: Agenda Item Number Legal ■ w #•� ,bae Finance ❑ EST. , 1838 Engineer ■ rn City Administrator ❑ Tracking Number gf L — �0 Consultant ❑ p 'fLj�ce � Human Resources E] City Council Agenda Item Summary Memo Title: Rush-Copley Temporary Easement Agreement City Council/COW Agenda Date: June 19, 2007 Synopsis: Easement Agreement for a temporary stormwater management area on the Rush- Copley property Council Action Previously Taken: Date of Action: May 22, 2007 Action Taken: Approval of Final Plan and Plat Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached staff report and draft agreement D C1T1 ® United City of Yorkville Memo 800 Game Farm Road EST. '�b �' --�, 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 �® Fax P 630-553-3436 9 , X�C� I LE Date:®>?' Date: June 13, 2007 To: PW/COW From: Travis Miller, Community Development Director CC: Lisa Pickering, Deputy Clerk (for distribution) Subject: Rush-Copley Temporary Stormwater Easement Background The Final PUD Plan and Plat was approved for the Rush-Copley Medical Center May 22, 2007. Staff requested Rush-Copley to dedicate a temporary easement to include the area to be used for stormwater management for Phase 1 to ensure the City can access and intervene in the event this stormwater management area fails. Purpose of temporary stormwater management area: Rush-Copley is developing their final plan in phases. When this project is fully built-out, an outfall will be required to convey stormwater away from this site. This outfall is not necessary for Phase 1 . The stormwater for Phase 1 can be managed without an outfall due to the percolation rate/ability of the area delineated on Exhibit B of the proposed Easement Agreement. This Easement Agreement allows the City access to the area and the authority to intervene in the event the basin fails and the Grantor fails to correct it. Furthermore, the agreement requires the Grantor to pay for any expenses associated with necessary City action. TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT This Agreement is made this _day of 2007, by and between Copley Ventures Inc, an Illinois corporation, (hereinafter referred to as "Grantor"), and The United City of Yorkville., an Illinois municipal corporation (hereinafter referred to as "Grantee"). The Grantor and Grantee are sometimes individually referred to as "Party" and collectively referred to as "Parties" herein. WITNESSETH WHEREAS, Grantor is the owner in fee simple of a certain parcel of real estate, which is legally described on "Exhibit A" attached hereto and made a part hereof which is located south of Veteran's Parkway and west of the proposed Beecher Road in Yorkville Illinois, hereinafter referred to as "Subject Property'; and WHEREAS, Grantor intends to develop the Subject Property as a medical healthcare campus in several phases of construction beginning with a medical office building to be constructed as the first phase of development which shall be located just south of Veteran's Parkway; and WHEREAS, Grantor intends to provide all required storm water management for the first phase of construction within an on-site storm water basin as depicted in Exhibit "B" attached hereto and incorporated herein; and WHEREAS, said storm water detention basin will not be equipped with a storm water outfall pipe during the first phase of construction on the Subject Property; and WHEREAS, when Grantor undertakes the second phase of construction on the Subject Property which is intended to include a hospital facility, Grantor shall ensure that the on-site detention basin and/or basins located on the Subject Property are equipped with a storm sewer outfall pipe; and 129559/2 1 43376/4 WHEREAS, during the interim period of time when the on-site detention facility serving the first phase of development is not equipped with a storm sewer outfall pipe a 100 year rainfall event may occur which causes an overflow of water from the on-site detention basin into other area of the Subject Property. WHEREAS, the parties wish to memorialize an agreement as to the granting of a temporary access easement covering the entire Subject Property to provide the grantee with the ability to enter the Subject Property to monitor the on-site storm water management facility and interim high water level. NOW, THEREFORE, in consideration of ten ($ 10.00) dollars in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following agreements, covenants and restrictions are made: I . Incorporation of Recitals. The foregoing recitals are substantive and are incorporated by reference in this paragraph 1 as though fully set forth herein. 2. Grant of Easement. Grantor hereby grants to Grantee a temporary, non- exclusive storm water management easement over and across the portion of the Subject Property depicted in Exhibit `B" attached hereto and made a part hereof (hereinafter referred to as the "Easement Area"), consistent with the terns of this Agreement. The Easement Area shall automatically terminate upon the Grantee's issuance of a grading permit for phase II of development on the Subject Property; and. 3. Purpose of the Easement. The Easement Area is hereby reserved for and granted to the Grantee and to its successors and assigns, over all of the areas marked "Interim High Water Level" (hereinafter "HWL") on the HWL Exhibit attached hereto as Exhibit "B" for the temporary right, privilege and authority to survey, construct, reconstruct, repair, inspect, and maintain the storm water management area, together with any and all necessary manholes catch basins, sanitary sewers, water mains, electric and communication cables, connections, ditches, swales, and other structures and appurtenances as may be deemed necessary by said Grantee, over, upon, along, under and through said indicated Easement Area, together with the right of access across the property for necessary men and equipment to do any of the above work. The right is also granted to cut down, trim, or remove any trees, shrubs, or other plants on the Easement Area that interfere with the operation of the storm water management facilities located on the Subject Property. No permanent buildings shall be placed on said Easement Area. No change to the topography or storm water management structures within the Easement Area shall be made prior to grantee's approval of Grantor's Phase II grading plans, but same may be used for purposes that do not then or later interfere with the aforesaid uses of rights. The owner of the property shall remain responsible for the maintenance of the storm water management area and appurtenances. The Grantee will perform only emergency procedures as deemed necessary by the Grantee's Engineer. 129559/2 2 43378/4 5. Conduct and Coordination of Maintenance, Repair and Replacement. All entries by Grantee upon the Easement Area shall be done in a manner to have as little impact upon the activities of the Grantor. Any damage to the Subject Property caused as a result of Grantees activities on the Easement Area or the Subject Property shall be the obligation of the Grantor to correct and restore to its original condition. 6. Performance of Grantee's Obligations. In the event of an emergency effecting properties adjacent to the Subject Property requiring maintenance or repair of the Easement Area, Grantee may, at its option, perform such maintenance, repair, replacement, and pay any and all costs and charges associated therewith if Grantor does not undertake the same within a period of time after notice from Grantee which is reasonable under the circumstances or it does not appear that Grantor will be able to undertake such maintenance or repair. In the event of a failure by Grantor to maintain and repair the Easement Area and the improvements thereon, which results in a material interference to the adjacent property owners or Grantee, then Grantee shall notify Grantor in writing of such failure. In the event Grantor fails to remedy such failure within thirty (30) days after receipt of such notice or, if such failure cannot reasonably be cured within such thirty (30) days, or in the event Grantor fails to commence the cure of such failure within such thirty (30) day period and diligently pursue such cure to completion, Grantee may, at its option, perform the obligation which Grantor has failed to properly perform hereunder and Grantor shall pay to Grantee any and all costs and charges associated therewith. In the event that Grantee assumes Grantor's obligations pursuant to this paragraph, Grantee shall be entitled to recover from Grantor the charges, fees, costs, and expenses reasonably incurred by Grantee. 7. Covenants Running with the Land. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8. Transfer of Ownership. Whenever a transfer of ownership of the real estate, or a part thereof, legally described in Exhibits A occurs, the liability of the transferor for any breach of covenant occurring thereafter shall automatically terminate with respect to such transferor. Any transferee shall automatically assume and be bound by the burdens and obligations hereunder running with the land to the owner of the parcel or portion thereof being transferred. 9. Interpretation. This Agreement shall be interpreted in all respects pursuant to the laws of the State of Illinois. The rule of strict construction does not apply to the grants herein. The grants herein shall be given a reasonable construction to carry out the intention of the parties hereto to confer a commercially usable right of enjoyment to each party. 10. Jurisdiction and Venue. The parties hereby agree that the proper venue for 129559/2 3 43379/4 any actions pursuant to his Agreement, brought by or on the behalf of any of the parties to this Agreement, shall be heard in the Courts of Kendall County, Illinois. All parties waive any objections to the jurisdiction of said Court and hereby consent to its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. [SIGNATURE PAGES FOLLOW] GRANTEE: UNITED CITY OF YORKVILLE, An Illinois Municipal Corporation. 129559/2 4 43378/4 By: Mayor By: City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the Mayor of The United City of Yorkville, an Illinois municipal corporation, and personally known to me to be the City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument as such Mayor and City Clerk of said municipal corporation and they caused the corporated seal of said municipal corporation, as their own free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of 2007. Notary Public GRANTOR: COPLEY VENTURES I LLC, An Illinois Corporation. By: 129559/2 5 43379/4 It's Manager STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the President of Copley Ventures, Inc, an Illinois corporation, and personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation and they caused the corporated seal of said corporation, as their own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal this day of 2007. Notary Public 129559/2 6 43378/4 LIST OF EXHIBITS Exhibit A: Legal Description Exhibit B: High Water Level Exhibit 129559/2 7 43378/4 EXHIBIT A THAT PART OF THE NORTHEAST 174 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COM,'bLENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 114; THENCE SOUTH 01 DEGREES IS iviMI TES 14 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 47992 FEET, TO A POINT ON 'I SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR A POINT OF BECENrNfNG; THENCE CONTINUING SOUTH 01 DEGREES, 18 MINUTES 14 SECONDS FAST ALONG SAID EAST LINE, 1431.68 FEET; THENCE SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 132715 FEET, TO THE WEST LINE OF TITS EASY 112 OF SAID NORTHEAST 1/4; THENCE NORTH 01 DEGREES13 MINUTES 35 SECONDS WEST ALONG SAID WEST LINE, 1569.79 FEET TO .A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SOUTH 85 DEGREES 29 MINUTES 54 SECONDS EAST ALONG SAID SOUTH RIGHT OF `NAY LINE, 1331 .85 FEE"I TO THE POINT OF BEGINNNG, ALL IN BRISTOL TOWNSHP, KENDALL COUNTY, ILLINOIS; EXCEPTING THERE FROM A SQUARE SHAPED PARCEL COMPRISED OF 60,000 SQUARE FEET AT THE NOIYI HWEST CORNER OF THE ABOVE-DESCRIBED REAL ESTATE EXHIBIT "A" '^ SCf.LE i =15d High Water Level ( ) EXHIBIT B Exhibit - 1 - 1 / J I �' a it it it o f it J J l + fit kk i I :a' Hills , i r9'_r �INTERIfd HWL�� \ / �t ' 632.90 / niy� oI f^4r c_ rrrri��E azasx crE srT� , i? rift 'ills l' .SZ4---1, Fill r t I \` • `c \ iIII's ',l° `I"Illl A W a ItI hXI l�it,I on I it g.111 \ „ zn oyyFt Ii i \ ,IF q _ �— PEEPAR BY' — -- o CEl� CON , Ltd . Consulting Engineers, Surveyors eers, Land Su & Planners MT. 2280 White Oak Circle, Suite 100 Aurora, Illinois 60502-9675 PH: 630.862,2100 FAX: 630.862.2199 E—Mail: codd®cemcon.com webcite: www.camcon.com DISC ND.; R\903667 FILE NAME: EXHIBIT HWL DRAWN BY: MCM FLO. SK. / PG. NO.: NA COMPLETION DATE: 05-23-07 JOB NO.: 903.667 Copyright @) 2007 Cemcon. Ltd. All rights reserved. `QED Cdr y Reviewed By: Agenda Item Number J= T Legal ❑ esr leas Finance ❑ Engineer Dq 4 City Administrator ❑ Tracking Number 0 fm 9 .- �O Consultant ❑ Human Resources W 0WEI- — �l� City Council Agenda Item Summary Memo Title: Raging Waves—Letter of Credit Release, Valley Community Bank LOC#14368 City Council/COW Agenda Date: June 19, 2007 Committee of the Whole Synopsis: The developer has submitted a second letter of credit covering the same work items covered by the initial letter of credit, and therefore is requesting that the initial letter of credit be released. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: United City of Yorkville Memo 800 Game Farm Road ESE 1 sae Yorkville, Illinois 60560 { ` Telephone: 630-553-8545 09 ' Fax: 630-553-3436 LE Date- Date: June 13,2007 To: Bart Olson,Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cler Subject: Raging Waves—Letter of Credit Release Valley Community Bank LOC#14368 Attached find a letter from the management consultant for the Raging Waves developer regarding two letters of credit submitted to the city for various improvements. The two letters of credit are accurately described in the letter.The final plans and corresponding estimate of cost for the land improvements have not yet been approved,but since the plat of subdivision has not been recorded yet,we can require additional construction guarantees at that time if we determine that the second letter of credit is not sufficient. I recommend that 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. Please place this item on the Committee of the Whole agenda of June 19,2007 for consideration. The Municipal Urhausen and Development Group Consulting June 4, 2007 Mr. Joe Wywrot City Engineer UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, II 60560 RE: Letter of Credit Release /Reduction Request — Lundmark Group, LLC / Raging Waves, LLC — Series "A" Dear Joe: Further to our conversation in your offices on Tuesday, May 29, 2007 wherein you advised that Letter of Credit reductions are scheduled for the second COW meeting in any given month (or June 19, 2007 this month), please be advised as follows: 1) On November 2, 2006, we posted an Irrevocable Letter of Credit (LOC) in the amount of $551,106.09 in favor of the United City of Yorkville, Illinois for the account of the Lundmark Group, LLC. The LOC (No. 14368) represented collateral for mass grading to be accomplished on proposed Lots 2 and 3 of the approved but unrecorded Final Plat entitled "O'Keefe Subdivision — Phase I". The amount of the aforementioned LOC is 110% of the Engineer's Estimate of Probable Cost dated October 9, 2006 and revised October 23, 2006 prepared by Craig R. Knoche and Associates. To date, no reductions have been authorized by the City on this LOC. 2) On May 8, 2007, we posted a second Irrevocable Letter of Credit (LOC) in the amount of $1,642,844.00 in favor of the United City Of Yorkville, Illinois for the account of Raging Waves, LLC — Series "A". The LOC (No. 628335-04) represents duplicate collateral for mass grading and new collateral for storm sewers/drainage, water mains, sanitary sewers, curb/gutter and pavement surface (public and private) and miscellaneous improvements to be constructed on proposed Lots 2 and 3. The amount of the aforementioned LOC is 110% of the Engineer's Estimates of Probable Cost for Raging Waves only bearing the most recent revision date of April 2, 2007. As you know, to date no cost sharing agreement exists by and between Tim O'Keefe, and MidAmerica. 1650 East Main Street, St. Charles, Illinois 60174 • (630) 762- 1700 • Fax (630) 587-2821 • urhausenjn @aol.com 3) Based on the above, the City now holds LOC collateral in the total amount of $2,193.950.09 to secure $500,964.65 of mass grading which has now been completed by Adcock Construction. Inasmuch as the Comerica LOC includes an amount of $580,473.14 for the mass grading work already completed (an amount actually higher than the original LOC amount of$551,106.09, we respectfully request that the United City of Yorkville, Illinois hereby authorize the release of 100% of the Valley Community Bank Letter of Credit (No 14368) as soon as the City Council authorizes such action at its June 26, 2007. Under separate cover, Craig Knoche will issue his letter certifying to the completion of the quantities set forth in the original Adcock proposal and contract. Please accept our sincere thanks for your help and guidance and if I can provide further information or comment, please advise. . ., lR ectfully submi e , JAME N. U USEN, President/CEO THE RHA SEN GROUP FOR, LUNDMARK GROUP, LLC FOR: RAGING WAVES, LLC — SERIES "A" Reviewed By: Agenda Item Number J2 T Legal ❑ �Nl # 1 q Finance ❑ EST. �Z 1836 Engineer �\r 4113107 y City Administrator ❑ Tracking Number x �O Consultant ❑ Human Resources ❑ 'P W c UU 7 -11 City Council Agenda Item Summary Memo Title: Fox Hill Unit 7—Letter of Credit Reduction#3 City Council/COW Agenda Date: June 19, 2007 Committee of the Whole Synopsis: 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. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: a�•��D h,T y� United City of Yorkville Memo 800 Game Farm Road ESE. 1836 Yorkville, Illinois 60560 -� Telephone: 630-553-8545 Fax: 630-553-3436 2 <LE Date: June 13,2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering,Deputy City Clerk Subject: Fox Hill Unit 7—Letter of Credit Reduction No. 3 Old Second Bank LOC#2942 Attached find a request from the consultant for the Fox Hill Unit 7 developer to reduce the letter of credit for Fox Hill Unit 7. I have reviewed the request and have the following comments: • No significant earthwork has occurred since the previous reduction, although the site is generally stable due to weed growth. I recommend that credit be given for 50% of the erosion control. • Some public sidewalk has been constructed,resulting in a reduction for the roadway work. • A more detailed assessment of miscellaneous work has resulted in a minor increase in the value of work completed to date. Refer to the attached spreadsheet for details. I recommend that Old Second Bank letter of credit No.2942 be reduced by the amount of$15,458.21. The amount remaining of the letter of credit would be $218,844.29. We have had some difficulty with this developer in providing a gravel driveway to the sanitary lift station and making some repairs to the lift station. The City Council may wish to make this letter of credit reduction contingent upon completing those work items. Please place this item on the Committee of the Whole agenda of June 19, 2007 for consideration. p M t M ! 7 (O M O N M 7 � O1a771� M V: m ncOO c m O N O) N 7 C 7 M aD C M M 7 p fR cA HY fA fA N CL' Q M O m 0 0 n 0 0 0 N a O !` O O M O O p C EA MM cA f9 Ol /A V V O U t p � fR HJ fA E E d ou� oo � OOO (o � o (voo7o (no .- a a M N 0 (n ch (O <N m O Oi d EO O m (00 v N m O N a c U 'O O ai 7 Ld aD N O (D M E m ° HT tH 0 E (0 fH fR ER Vf c > O m `o_ `° m O O N U N t0 (O �O O c0 N S (O O O � cV r r 7 N M O (O C c m p N O N m N W M N O. N c0 N M (O M M O N O O .c (D M r M O O W E U O m 0 0 W N O O c0 M 7 m 3 E N M M (O (O M Q 0 (D fiT fR fA EA EA fA f9 m• "O < m C m m fl. E (6 0 0 3 066 c0 � 647 M 7 ("� c VO ¢ N r r ti m U m 0 C OD N M 7 r O m G 4 N fR fA N N N EA f9 W m U f9 Nf f9 4> pl J � U N c O �0000� 00 t0O �r � a �O t0 t0MO7 07 O c m m O (Om (O M � o m U () C I1 N C Nr.. oC6 N77 (O Or O O O ° EtD N (AM Vr' a; � OIr m U Q cA f9 N N EA fH W 0 ` 'C F � H3 cR f/i fA O � O J E O 0 0 0 0 (0 0 0 7 0 c a U r O � OON 00 � D) a � a j uoui0cd ofm m c c 2 t` D) 7 � 7 N N 1� 7 U = N a C EfY EH N N M o m 0 'NO Q W fA E9 E9 fA fR J O (0 C LL M N N O O) U m C a rn N N a N C C � O _ C0 N — a o N A U N m C Z C N O c0 y U O c Y U U (p O E m m a 0 Co 3 6 ; m iii m d O m m O m m O 0 w 0 0 0 J U2' J =IW WU � R' fn 2Ur Z + DevebrIment Construction Services LLC. 19250 Everett Lane, Suite 102 Mokena, IL 60448 Phone: 780-479-1306 Fax: 708-479-6237 June 8; 2007 United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn. Mr. Joe Wywrot Re: Fox Hill — Unit 7 letter of credit Dear Joe, On behalf of DCI Charrington Inc, I am requesting a reduction in the current letter of credit (LOC) on deposit with the United City of Yorkville for Fox Hill, Unit 7. The LOC #2942 in the amount of $234,302.50 was established and issued by Old Second Bank — Yorkville. The engineer's estimate of cost (supplied by Smith Engineering Consultants) for the entire project was $884,295.89. The only remaining work that needs to be completed is the asphalt surface course, which is listed as $14,889.75 on the engineer's estimate of cost Total engineer's estimate of cost $884,295.89 Minus remaining asphalt work $14.889.75 Completed work $8692406. 14 15% of completed work $1303410.92 110% of unfinished asphalt work $16,378.73 Proposed letter of credit $146,789.66 We are requesting the LOC #2942 be reduced to $146,789.65. This is a reduction of $87,512.85. If you have any questions do not hesitate to call. Sincerely, Marvin DeLahr Cc: Paul Dresden Robert Gamrath III Bart Olson `QED Cl;- Reviewed By: Agenda Item Number J� O� Legal ❑ Finance ❑ P _if t O EST. 1836 Engineer O y City Administrator ❑ Tracking Number �O Consultant ❑ Human Resources ❑ P VV d wa:— Li a City Council Agenda Item Summary Memo Title: Grande Reserve Unit 19—Letter of Credit Expiration City Council/COW Agenda Date: June 19,2007 Committee of the Whole Synopsis: We have been notified that the landscaping letter of credit will expire on September 14,2007. Recommend that we call the letter of credit if it is not renewed by September 7, 2007. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: D a`Ty0 United City of Yorkville Memo 800 Game Farm Road Esr. 1 sac Yorkville, Illinois 60560 -4 Telephone: 630-553-8545 o .p Fax: 630-553-3436 <-E 1b� Date: June 13,2007 To: Bart Olson,Interim City Admmi tratopr From: Joe Wywrot, City Engineer L1� CC: Lisa Pickering, Deputy City Cle u Subject: Grande Reserve Unit 19—Letter of Credit Expiration LaSalle Bank Letter of Credit#5591366 Attached find a notice from LaSalle Bank that the letter of credit for Grande Reserve Unit 19 will expire on September 14, 2007. This letter of credit, in the amount of$33,003.30, is a letter of credit to guarantee satisfactory completion of landscaping. I will notify the developer that this letter of credit needs to be renewed, and I anticipate that it will. In the meantime,however,I recommend that City Council authorize the City Clerk to call the letter of credit if it is not renewed prior to September 7,2007. Please place this item on the Committee of the Whole agenda of June 19, 2007 for consideration. ♦�tiD C/p y Reviewed By: Agenda Item Number J= a w"M Legal ❑ P� I Finance ❑ ''� I EST. 7636 Engineer < - m City Administrator ❑ Tracking Number �O Consultant ❑ ♦ H clCL 1_ " %_ 3 <L.E `�♦, Human Resources ❑ r" �'�i� City Council Agenda Item Summary Memo Title: Gawne Lane Watermain & Roadway Improvements — Bid Results City Council / COW Agenda Date: Jane 19, 2007 Committee of the Whole Synopsis: Recommend award to Bish Excavating Company for the bid amount of $2531220.50. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: 2`�t�o Cep o United City of Yorkville Memo 0 'A 800 Game Farm Road EST. �` 1836 Yorkville, Illinois 60560 `` Telephone: 630-553 -8545 o� l®J a rn _� =p Fax: 630-553 -3436 <14E `HIV Date: June 15, 2007 To: Bart Olson, Interim City Administrator From: Joe Wywrot, City Engineer CC: Lisa Pickering, Deputy City Cler Sue Mika, Finance Director Subject: Gawne Lane Watermain and Roadway Improvements — Bid Results Bids were opened on .June 15, 2007 for the referenced project. This project consists of watermain construction along Gawne Lane and Worsley Streets, and construction of a short section of roadway immediately south of the Bruell Street lift station. The following bids were received: Bish Excavating Company $253 ,220.50 15029 US Hwy, 30 Hinckley, Illinois 60520 Dempsey-Ing, Inc. $269,686,70 P.O, Box 127 Elburn, Illinois 60119 H.. Linden & Sons Sewer & Water, Inc. $308,806,00 P.O. Box 344 Yorkville, Illinois 60560 Engineer's Estimate $283,437.00 While Bish Excavating has not had a contract with the City of Yorkville in the recent past, they did construct utilities for the Fox Highlands development with good results. I also spoke with a consultant for North Aurora where Bish had constructed a larger watermain project in 2006, and that consultant indicated that Bish performed well under that contract.. Bish is planning to use Aurora Blacktop for the roadway portion of this project, and we have always had good results with Aurora Blacktop, The budget for this project was based on a preliminary cost estimate that I prepared several years ago. That estimate was $ 120,000 for the watermain and $30,000 for the roadway work, for a total of $ 150,000. The estimate was for a watermain that was going to loop back to Main Street along Gawne Lane, but we changed that design by extending the main to Worsley before looping back to Main Street. This is a good idea, but it increased the cost of the watermain and also the cost of patching cost Worsley Lane. My estimate was also prepared before the significant increase in the cost of petroleum products, and I didn't sufficiently take the small size of the roadwork into account when preparing the estimate. The bid from Bish Excavating is roughly $ 198,000 for the watermain and $55,000 for the roadway stub. Using a 10% contingency for budgeting purposes, I suggest we fund this project as follows: Acct # Acct. Description Funding Level 37-000-62-00-5401 Sewer Contractual Services $ 11 ,000 37-000-75-00-7515 Palmer Ct. sanitary sewer $ 50,000 41 -000-75-00-7520 Watermain Projects $ 218,000 Total $ 279,000 Using the Palmer Court line item will delay that project until next fiscal year. Since we may also use the MFT funds budgeted for Palmer Court for the US 34/Sycamore traffic signal, the remaining Palmer Court funds are a logical source for the Gawne Lane project budget, I recommend that the contract for the Gawne Lane Watermain and Roadway Improvements be awarded to Bish Excavating Company for the bid amount of $253,220.50. Please place this item on the June 19, 2007 Committee of the Whole agenda for consideration. ,MEMBER OF THE ABN AMRO GROUP MEMBER OF THE ABU AMRO GROUP MEMBER OF THE AEON AMRO GROUP MEMBER OF THE AGO AMRO GROUP MEMBER OF THE AEG AMRO GROUP MEMAE 0A MR 30 i HOOP , NIGER OF T III V i 4 r� m r�rt Iri., V ; ::iCt ( , ( f�IwCi4a11 �' 1 L " ( .) 1 C .�,if ai, a tt r ).+ . i= t ---^—• ° ° w c 3 UNITt_ tl CITY OF 'iiiWeV1E LE m fA0Q,'i t3 WIF f-ilRM ROAD V[;r' KV Tt_t..E, 1'L. 60 560 In 3 O SA O �W / 9 O W pC � a O O O < IN ACC-ORDANC,E WITH THE TERMS ANY) CONDITIONS OF THE ABOVE fdEt1"i2flif ,fW.0 LETTER OF CREDI ;"i IFf :C Ir 7t7 f�C ?aT£3� YI�kS TH1�T . Th1E LL CRE DI *f WILL EXPIPE ON SEPTEMBER 143 i2,007 . ° m ro O¢ 3 m O y � o z 1;11 ; '?-l1 ii',1tJ tNt .1...1 . 0 � ti) COMMON"')`a r. t_}.-(.: m '4J: I , F ;r.£:f411 "s111. CE " l. 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Lo Co. Z (b O 0 Cl m h M M M O LO r C W Ie J h (f> N M N V m (70 M O O r LO ® Q LO M M O LO N M V' co N m N U. ® LO N V N (T O Ni LO O) O) M h W 4A N O N r r CO (& r r (f} r r r N J co U ) co F- Ef3 (A Efl Ef; ffl EfJ Ef} Ef} EPr NN CL 0 ® O o o h h o Lo rm o Lo 0 o h } O m L) W O O O M O O 0 V' O Iq O O O a > CO 6°� O O O O O O tt O O LO O O h d, z Q ® ffF ER ff} Ef} N V Lo co Ef! LO LLLJ C N Ef} Ef! Efl C r > Ef) O 000 N O d' h r N O N LO O CO N r LO O 00 O r h V. LO O M h LO h (O O (O O O h V O M V tO r (b Q - Lo ffJ N (T (10 L h W M N O r LO J Lo N h LO W r V LO N W (O LL') N 44' m O m d' LO W O M M C) N r r h Vf Ef} r 69} r r r N W ER Ef} ffT ff} ff} (fl ff} (f} Nff} J H z > O w z E2 O fq J O W W Z ►- d' W Z LL z z U W W W Y q O z z Z 0 O Q W Q W m Q a LL W EL U rn to d d' J Reviewed By: J2 O� Legal ❑ City Council g Finance F-1 FkVjy) I# Esr. 1 yeas Engineer ❑ 0 y City Administrator F-1 Agenda Item Tracking Number Q n �O Consultant ❑ PK.EP 2002 _ 12 <Le env ❑ City Council Agenda Item Summary Memo Title: Park and Recreation Master Plan Update -Trails City Council/Committee of the Whole Date: June 19, 2007 Synopsis: The Park and Recreation Department is currently updating its Master Plan. One of its many components is a revised trail system plan. Preliminary revised trail maps are being shared for your information, review and comment. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Dave Mogle,Director of Parks and Recreation Name Department Agenda Item Notes: See attached memo. En Clr United City of Yorkville t a @�18 3fi EST. County Seat of Kendall County ^� BOD Game Farm Road uJ Yorkville,Illinois 60560 Phone:630-553-4350 �2 Fax:630-553.7575 Date: June 13, 2007 To: City Co it From: Dave MG ,Director of Parks and Recreation Subject: Park and Recreation Master Plan Update—Trails Laura Haake, Community Development Department, and Scott Sleezer,Parks and Recreation Department have been working jointly in the revision of trail maps as part of the Park and Recreation Master Plan Update. Attachment A is the bicycle trail map in the Park and Recreation Master Plan completed in 2004. Attachments B 1 —B4 are updated maps breaking the City into four quadrants: northwest(B1:NW),northeast(B1NE), southwest(B3:SW), and southeast(B4:SE). By focusing on quadrants and using aerial photographs overlaid with lines, a much closer look at trails and possible trail links is achieved. The ultimate goal is to establish an extensive system of trails that link the many neighborhoods of Yorkville to retail, downtown,parks, health complexes, neighboring communities,regional trail systems, as well as to each other. We are at a preliminary stage,with the attached plans being open to comments and feedback. Over the next few months we will be making contact with governing bodies in Kendall County and neighboring communities to discuss links between regional trails in an effort to have a final version for public viewing later this summer. F C ---- a ►►tt►►� � a`O. j ' s, e ►t � ? e� L J a _. a __ - --. _. 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S C 31 •0 G $ If 9n �{ W � w < $ � � O1!A C i- 1./ Y� � ` U � Y BP7J9 N °°rlulfya q 3' N W W la...° J ° _ ' x uj a • IS 6.v E `QED C/Ty Reviewed By: J= 0 Le al ❑ City Council g Finance ❑ esr. 1 1836 1 Engineer ❑ o L W y City Administrator ❑ Agenda Item Tracking Number 9 �O Consultant ❑ Rka p 0?00_� - I3 <CE �V City Council Agenda Item Summary Memo Title: Grande Reserve Park"A" Conceptual Plan City Council/Committee of the Whole Date: June 13,2007 Synopsis: This is a FYI for City Council. Grande Reserve Park"A"is a developer built park with funds coming from their land cash obligation. The park is conveyed to the City following its completion and acceptance. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: None. This is FYI Submitted by: Dave Mogle, Director Parks and Recreation Name Department Agenda Item Notes: Park A is one of the nine parks planned for this development. Amenities that are proposed for this park include a Tree House themed playground, sand feature, funnelball, small wooden shelter, four-square and hopscotch area, a multiple use field, ornamental light, park bench, and landscaping. The budget for this project is $119,750. r f r N v i GRANDE RESERVE - ARK A -Yorkville,Illinois ffff jjjjjjjj • ON ml ,Schoppe Design Associates, Inc. -- Landscape Architecture and Land Planning 126 S. Maur St. Ph. (630) 551-3355 Oswego, IL. 60543 Faze (630) 551-3639 ESTIMATE OF PROBABLE CONSTRUCTION COSTS GRANDE RESERVE PARK A 3/612007 DESIGN CONEPT In-house Description Qty, Unit Price Amount Savings 1 . Earth and Excavation Work Done by Developer SUBTOTAL: 2. Paving and Surfacing Tetherball Court - Bit. Conc. 50 SY $20.00 $1 ,000 Poured concrete curb & curb edge 220 LF $12.00 $27640 Handicap Ramp 3 EA $300.00 $900 Poured concrete Shelter Pad 620 SF $5.50 $3,410 Asphalt Path 8' wide 380 SY $20.00 $7,600 SUBTOTAL: $157550 3. Sewer and Drainage 6" PVC 180 LF $18.00 $3,240 Drain Tile 315 LF $8.00 $2,520 SUBTOTAL: $53760 4. Site Features Park sign (by City) 1 EA $1 ,000.00 $1 ,000 Tetherball 1 EA $23000.00 $2,000 $ 750 Shelter 1 EA $12,000.00 $12,000 Ornamental Light 1 EA $5,000.00 $57000 $3,000 Benches 2 EA $1500.00 $3,000 $1 ,500 Swings 1 EA $6,000.00 $6,000 Play Equipment 1 EA $40,000.00 $40,000 Shredded hardwood surfacing 160 CY $45.00 $7,200 $3,200 Sand surfacing 20 CY $40.00 $800 $320 SUBTOTAL: $77,000 $ 81770 5. Landscaping Seeding Done by Developer Sod 160 SY $4.00 $640 $340 2 1/2" Shade Trees 4 EA $500.00 $2,000 6" Shade Trees 2 EA $1 ,400.00 $29800 8" Shade Tree 1 EA $2,000.00 $2,000 8' Evergreen Trees 3 EA $550.00 $1 ,650 Evergreen Shrub 1 EA $90.00 $90 Large Shrubs 1 EA $70.00 $70 $126 Small Shrubs 3 EA $50.00 $150 $180 Groundcover 150 EA $5.00 $750 $300 Mulch 2 CY $40.00 $80 $960 SUBTOTAL: $10,230 $15906 SUBTOTAL: $108,540 $ 10,676 10% contingency: $10,854 GRAND TOTAL: $1190394 Additional items for consideration (not in original budget): Parking lot & related landscaping $70,000. 00 to $80, 000 Additional asphalt path near parking lot 220 SY $20.00 $4,400 Low seat wall at sand play area 45 LF $70. 00 $3, 150 `��v C/ry Reviewed By: -ti i 0 Legal ❑ City Council 1030 F]Finance EST. � Engineer ❑ 9 L y City Administrator ❑ Agenda Item Tracking Number x� O Consultant ❑ ❑ <LE City Council Agenda Item Summary Memo Title: Moser Property Service Extension City Council/Committee of the Whole Date: Synopsis: Corlands, an Illinois not-for-profit corporation, has been holding title to ninety(90) acres of land along the Blackberry Creek corridor in the Grande Reserve Development that is dedicated to the City. We recommend a one year extension per an agreement with Corlands to delay transfer to the City. The fee is $10,000. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Dave Mogle, Director of Parks and Recreation Name Department Agenda Item Notes: See attached memo. QED C/Tp United City of Yorkville ® County Seat of Kendall County PST. 1836 600 Game Farm Road .4 ` f4 Yarkvllle,Illinois 60560 0 UI .. p Phone:630-553-4350 �= Fax:630.553.7575 Date: June 13,2007 To: City Council n � From: Dave IvMogle, Director of Parks and Recreation Subject: Moser Property Extension Currently a ninety acre parcel of land along the Blackberry Creek corridor in the Grande Reserve Development,known as the Moser property,is being held through Corlands. Corlands is a not-for-profit corporation whose purpose is to improve the quality and quantity of open space in northeastern Illinois by negotiating and effectuating purchases and donations of real property for preservation of open space. The property was donated to Corlands by the developers of Grande Reserve with the intent that it would be transferred to the City. One of the_main purposes for Corlands holding title to this land is so that the City can use the value of the land as its share of a future OSLAD matching grant. It has been thought that this could be used when park development grants are applied for the Hoover property. The use of the value of land for grant purposes can only be done with land that has been dedicated to the City"above and beyond"the land cash obligation. It cannot be used if the City holds title to the land,thus the reason for a third party,such as Corlands to temporarily have the title on the property. In 2003,through an agreement with MPI South, the developer of Grande Reserve, Corland accepted the donation for a three year period for a$30,000.commitment fee and $10,000 service fee both paid by MPI South. The agreement calls for up to two one year extensions upon mutual agreement with the City for a$10,000 service fee each year. In 2006,the City exercised the first year extension. The second year extension is due in July if the City is to exercise it. If it is in the best interests of the City to delay taking title to the land at the end of the second year extension, other options could be possible. The City could negotiate a new agreement with another organization similar to Corlands: Or, the City could form a foundation,which could hold the donated land until such time the City takes title. 2 Since it is uncertain at this time the timeline for development of the Hoover property and since the value of this property would be very beneficial to the City in securing future grants, staff recommends exercising the second year extension for the $ 10,000 service fee. QED C/Ty Reviewed By: 01e Legal El City Council Finance ❑ P kP)n # )I EST. , 1836 Engineer ❑ O ®, y City Administrator ❑ Agenda Item Tracking Number 9 M aay `�O Consultant ❑ }K :�b dop--7- - 1.� City Council Agenda Item Summary Memo Title: Park and Recreation Public Survey City Council/Committee of the Whole Date: June 19,2007 Synopsis: The Park and Recreation Department is currently updating its Master Plan. One of the components is a public survey. The last survey was conducted in 2002. Funds for anew survey were included in the 2007-2008 Budget. PLEASE NOTE, I HAVE CLARIFIED NIU STILL DOES MAIL SURVEYS. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Dave Mogle,Director of Parks and Recreation Name Department Agenda Item Notes: Park Board is recommending contracting with NIU's Public Opinion Laboratory,the Agency that completed the survey in 2002. We recommend a telephone survey that guarantees a random selection of 400 Yorkville respondents and will include a Summary Report. The fee is$10,568. Public Opin ion borat aairy DeKalb, Illinois 60115-2854 815-753-0555 To: Sue Swithin Date: 5/4/2007 . Organization:Yorkyille Department of Parks & Recreation Telephone: 630-553-4342 Address : 201 W. Hydraulic St., Yorkville, IL 60560 Fax: 630-553-4342 Email: sswithinna,yorkvilledLus 2007 PARKS & RECREATION SURVEY OF YORKVILLE RESIDENTS Description of work to be performed: Administer and report on a telephone survey of no fewer than 400 listed and unlisted households within the city of ( Yorkville, Ih.. Survey mterviews are to be conducted in English and average no longer than 12 minutes Interviews will be conducted,wrth any adult Available at the residence willing to do the interview. Respondents will be qualified m (1 e , screened) as 'residents of Yorkville, IL. No subgroup quotas will be established Up to total eight . calls will be attempted up to eight ttmes for each selected number or until (a) interview is completed, (ti) number called is determined to be unqualified or not working, (c) two "soft" refusals or one adamant refusal obtained from persons who answer. r, Deliverables/Schedule: POL will prepare and deliver one bound hard-copy report including executive summary of results, narrative analysis of findings, and a codebook of frequency tabulations with associated percentage equivalents of each survey item. A copy. of the report also will be transmitted electronically to provide ease of making additional copies. Written report will be delivered 12 weeks after POL receipt of this fully executed contract. Price: $9,598 + 10% NIU Indirect charge of $960 = $10,558. ACCEPTANCE OF WORK AND PRICE QUOTATION — CONDITIONS ATTACHED On behalf of Yorkville Parks & Rec : On behalf of Northern Illinois University/POL: Date Date CFEIN M 1. Payment. The Sponsor shall make payment of 50% to the University when % of the study is completed. This ( time for telephone surveys is when %, of the targeted number of telephone interviews are completed and for mail surveys after the second mailing has been sent and the remaining 50% within thirty (30) days after the delivery of the final report For other types of studies the payment will be made in its entirety within thirty (30) days after delivery of the final product or a partial payment schedule will be determined on a project basis. 2. Proprietary Data. The University's acceptance and use of any proprietary data which may be supplied by the Sponsor in the course of Research shall be subject to the following: (a) The data must be marked or designated in writing as proprietary to the Sponsor. (b) The University retains the right to refuse to accept any such data which it does not consider to be essential to the completion of the Research or which it believes to be improperly designated, or for any other reason. (c) Where the University does not accept such data as proprietary, it agrees to exercise its best efforts not to publish or otherwise reveal the data to others outside the University without the permission of the Sponsor, unless the data has already been published or disclosed publicly by third parties or is required to be disclosed by a court of law. 3. Termination. This project may be terminated by either party upon thirty (30) days' written notice. In the event of termination by the Sponsor, the University will be reimbursed for all costs incurred and all noncancellable commitments. In the event of termination by the University, the balance of funds advanced by the Sponsor shall be refunded to the Sponsor. 4. Use of the name of the University. The sponsor shall not make use of the existence of the Agreement, nor the results of the investigations conducted hereunder, nor the use of the University's name or any member of its staff for advertising purposes, except with the consent of and to the extent approved by Northern Illinois University Office of Sponsored Projects as given by its Director. This statement does not preclude the sponsor stating that the study was conducted by the University. S. Publications and Copyrights. The University or its employees shall not be free to publish papers dealing with / l the resudis of the Research under this agreement without the consent of the sponsor. The Sponsor shall be given fill credit and acknowledgement for the support provided to the University in any publication resulting from the . Research, Original research data shall belong to the sponsor. Title to and the right to determine the disposition of any copyrights, or eopyrightable materi al, first produced or composed in the performance of the Research,shall ; remain with the University or the mined individual researcher, provided that the University shall grant to the Sponsor an irrevocable royalty-free, nonexclusive right to reproduce, translate, and use all such copyrighted material for its own purpose. Copyrighted material here only applies to questions and question wording, not to the data produced. It is the standard procedure of the University not to copyright questions developed in conjunction with a survey sponsor. 6. Warranties. The University makes no warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition of the Research or any inventions, or products whether tangible or intangible, conceived, or discovered, or developed under this Agreement; or the ownership, merchantability, or fitness for a particular purpose of the Research or any such invention or product. The University shall not be liable for any direct, consequential, or other damages suffered to any licensee or any others resulting from the use of the Research or any such invention or product. The University shall use its best efforts to design and conduct the survey, prepare the analysis and report thereof and ensure the integrity of the data collected. 7. Use of the Research Results and Product Liability. The university makes no representations or warranties, expressed or implied, regarding its performance under this agreement, including but not limited to the marketability, use or fitness for any particular purpose of the project results developed under this agreement. Subject to the terms, conditions:and limitations of the Illinois Court of Claims Act and the State Employee Indemnification Act, the University wi4 tender to the Illinois Attomey General for defense any suit or proceeding brought against the 3pon°scs! -far as it is based oil a claim arisij�g out,of the acts or omissions of the University, including malfeasance, misfeasance and nonfeasance, in the performance of the Agreement if notified promptly in writing and given authority, information and assistance for the defense of such a suit or proceeding, and will cooperate with relevant ( authorities in facilitating payment of all damages and costs awarded therein against the Sponsor. l Draft 2 5.3 .07 Parks a& Recreation Department Phone Survey 2007 Hello, My name is and I'm calling from Northern Illinois University. We are doing a study for Yorkville Parks and Recreation Department. This survey is about park and recreation services and will help them update their Master Plan and gain a better insight as to what some residents are asking for in relation to park services and recreation programs. Your household was selected at random to participate. I'll be asking some questions about what types of services and facilities you would like the Yorkville Parks and Recreation Department to provide in the future. My questions will take about 8 to 10 minutes. May I continue and is this a good time to call? OK, thank you. QI May I verify that you are at least 18 years of age? 1> Man who answered the phone 2> Man who came to the phone 3> Woman who answered the phone 4> Woman who came to the phone 5> VOLUNTEERS NOT A RESIDENT OF YORKVILLE AREA UNDER 18 • IF NECESSARY, SET APPT. ON THIS SCREEN Q2 Just to confirm, do you live in the city limits of Yorkville? If you pay a city water bill then you live in the city limits. 1> Yes 2> No — terminate interview 3> Don't know — terminate interview Q3 I want to assure you that all your answers will be completely confidential. We will only be reporting the overall results of the survey. May I continue? Q4 We need to locate which quadrant you live in. Do you live. . . 1> southwest of the Fox River — Rt. 47 bridge 2> southeast of the Fox.River — Rt. 47 bridge 3> northwest of the Fox River — Rt. 47 bridge 4> northeast of the Fox River — Rt. 47 bridge 1 Draft 2 5.3.07 Q5 How long have you lived in Yorkville? 1 > 2 years or less 2> 3-5 yrs 3> 6-10 yrs 4> over 10 yrs Q6 How many adults 18 years old or older live in your household? ENTER NUMBER Q7 Are there children ages 17 and younger living in your household? 1> yes 2> no Q8 IF HAVE CHILDREN 17 AND YOUNGER How many of your children are 5 years old or younger? Enter number Q9 IF HAVE CHILDREN 17 AND YOUNGER How many of your children are 6 — 12 years old? Enter number Q10 IF HAVE CHILDREN 17 AND YOUNGER How many of your children are 13 — 17 years old? Qll Please stop me when I get to your age category. Are you. . . 1> 18 to 25 2> 26 to 35 3> 36 to 45 4> 46 to 55 5> 56 to 65 6> 66 or older Q12 Do you rent or own your home? 1> Own 2> Rent 3> Other 2 Draft 2 5.3.07 Q13 Do you consider yourself to be... (READ LIST) 1> White / Caucasian 2> Black / African American 3> Hispanic 4> Native American 5> Asian / Pacific Islander 6> or something other race 7> would rather not answer Q14 IF OTHER RACE What race do you consider yourself to be? Q15 Is there a 2' language spoken in your home? 1> Yes 2> No Q16 Please consider all sources of gross income, for everyone living with you in 2006. Please stop me when I get to your annual household income level: 1> under $35,000 2> $35,000 to under $50,000 3> $50,000 to under $752000 4> $75,000 to under $ 100,000 5> $100,000 to under $150,000 6> $150,000 or more . 7> would rather not answer Q17 Is there anyone in your household that has a disability that would require special assistance pertaining to our park equipment and programs such as; autism, needing wheel chair assistance, hearing, vision? 1> yes 2> no Q18 How are you currently receiving the Parks and Recreation quarterly program catalog? 1> Mail 2> Walk in 3> Web site 4> Not receiving 3 Draft 2 5.3 .07 Q19 Which of the following sources do you use to get information about the Yorkville Parks and Recreation Department? 1> Program Catalog mailed to your residence 2> Flyers or posters 3> Newspapers 4> Cable TV 5> City Website . 6> School Newsletters 7> Community park signage 8> Word of mouth 9> All of the above 10> Other source Q20 With what frequency do you or anyone in your household participate in any City of Yorkville Parks and Recreation Department programs in the past 12 months? 1> more than once a week 2> about once a week 3> every 2 to 3 weeks 4> about once a month 5> every other month 6> a few times a year 7> less often Q21 Have you or anyone in your household made use of facilities or programs offered by groups or organizations, other than Yorkville Parks and Recreation Department, during the past 12 months? Your choices are. . . 1> Oswegoland Park District 2> Fox Valley Park District 3> Plano YMCA 4> Club 47 5> Cardinal Fitness 6> Anytime Fitness 4 Draft 2 5.3.07 Q22 Have you or a household member attended a city program or special event sponsored by the Yorkville Parks and Recreation Department within the last 12 months? 1> yes 2> no Q23 IF HOUSEHOLD MEMBER ATTENDED PROGRAM or SPECIAL EVENT Thinking about these programs that you and family members have attended within the past year, please rate the programs on the following features. . . excluding Yorkville Youth Baseball/Softball program. a) upkeep of the facility/park where the program was held b) cost of the program c) registration process d) availability of the choice of different programs e) availability of the choices for different days and times f) quality of instructor's / coaches knowledge g) quality of referee / umpire h) overall quality of the program 1> excellent 2> good 3> only fair 4> poor 5> (DO NOT READ) don't know / NA Q24 The Yorkville Parks an&Recreation Department wants to learn what additional programs you feel the Department should be offering. How important is it that the Department offer. . . a) children's programs under 5 years of age b) children's programs 5 to 12 years old c) teen programs 12 to 18 years old d) day camps e) cultural arts programs f) adult sport leagues g) adult instructional programs h) senior activities and programs i) high adventure opportunities 1> very important 2> somewhat important 3> somewhat unimportant 4> very unimportant 5 Draft 2 5 .3 .07 Q25 With what frequency do you or anyone in your household use any City of Yorkville Parks and Recreation Department facilities and parks in the past 12 months? 1> more than once a week 2> about once a week 3> every 2 to 3 weeks 4> about once a month 5> every other month 6> a few times a year 7> less often Q26 If you or a household member visited a city park within the last 12 months, what did you like most about the park? Please rate each one. a) type and amount of playground equipment b) repair and upkeep of playground equipment c) upkeep and maintenance of park d) convenience / availability of parking e) signage f) picnic shelters g) picnic tables and benches h) basketball court i) baseball field j) soccer field I> excellent 2> good 3> only fair 4> poor 5> (DO NOT READ) don't know / NA Q27 The Yorkville Parks and Recreation Department wants to learn what additional services you feel the Department should be offering. How important is it that the Department . . . a) acquire more land for additional parks b) provide park recreational opportunities c) offer a skate park d) offer a dog park e) offer tennis courts f) offer an indoor recreational pool 6 Draft 2 5.3.07 g) offer additional outdoor basketball courts h) offer additional baseball and softball fields i) offer additional soccer fields j) offer an outdoor recreational pool k) offer a Recreation Center with gymnasium and instructional rooms 1) offer a facility dedicated to fitness and wellness m) offer a BMX track n) offer more paved bike trails o) offer mountain Mike trails p) offer a teen center q) offer an outdoor ice skating rink r) offer an indoor ice skating rink s) offer an outdoor roller hockey rink t) offer a 9 hole beginner golf course u) offer an 18 hole public golf course v) offer cross country ski trails w) offer a disk golf course x) offer an outdoor amphitheatre y) offer an auditorium and cultural arts center z) offer an indoor fieldhouse 1> very important l 2> somewhat important 35 somewhat unimportant 4> very unimportant Q28 If a referendum was needed to acquire some of these services and facilities, what would your level of support be per month to support the construction and operation of expanded Yorkville Parks and Recreation facilities? 1> less than $5 2> between $5 and $ 10 3> between $11 and $20 4> between $21 and $30 5> between $31 and $40 6> between $41 and $50 7> more than $50 8> would not be willing to incur an increase 7 Draft 2 5.3.07 Q29 Please tell me your top priority in what the Yorkville Parks and Recreation Department should offer that would benefit you and members of your household? Q30 We're almost done. . . . I have one last question. . . What additional comments would you like to add about the Yorkville Parks and Recreation Department? Those are all the questions I have for you. Thank you very much for taking the time to answer these questions. The information and survey report will be available within the next few months on the United City of Yorkville website at www.yorkville.il.us, go to the Parks and Recreation Department link. The staff will also have a featured article in the local paper explaining the results and future plans. You may also contact staff by calling 630-553 .4357 and let the receptionist know that you are calling in regards to the phone survey. Thank you again and have a good day! 8 °CEO C/p` Reviewed By: (Agenda Item Number Legal ❑ Finance ❑ g ESL 1836 Engineer ❑ o ® City Administrator� m F-1 Tracking Number ^ate O Consultant ❑ Human Resources ❑ P rj w JDO-3 — (,)U City Council Agenda Item Summary Memo Title: Discuss Governing Ordinance City Council/COW Agenda Date: COW June 19,2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: COW May 2007 Action Taken: Discussion Item Number: Type of Vote Required: N/A Council Action Requested: Submitted by: Bart Olson Administration Name Department Agenda Item Notes: 0 United City of Yorkville Memo 800 Game Farm Road ESL :_ lass Yorkville, Illinois 60560 - Telephone : 630-553-4350 J11 Fax: 630-553-7575 <LE Date: May 16, 2007 To: City Council From: Bart Olson, Assistant City Administrator CC: Subject: Committee structure At the May 15`h COW meeting, consensus direction was given to draft an amendment to the governing ordinance for the purpose of changing the committee structure. This amendment contains two major components. The first is the committee meeting structure. The consensus direction given was as follows: I" Tuesday 20d Tuesday 3' Tuesday 4 Tuesday Administration at 7 p.m. COW at 7 p.m. and Economic Development at 7 p.m. COW at 7 p.m. and Public Works at 7 p.m. City Council Public Safety at 7 p.m. City Council immediately after immediately after COW COW In order to facilitate simultaneous meetings, the following committee rosters are presented for your consideration by the Mayor. These rosters are very similar to the rosters discussed at the May 15th COW meeting. Administration Public Works Economic Development Public Safety I' Tuesday V Tuesday 3rd Tuesday 3rd Tuesda Ward 1 Wally Ward 1 Jason Ward 1 Jason [c] Ward 1 Wally Ward 2 Gary Ward 2 Joe P Ward 2 Gary Ward 2 Joe P Ward 3 Marty [c] Ward 3 Robyn Ward 3 Marty Ward 3 Robyn Ward 4 Rose Ward 4 Joe B [c] Ward 4 Joe B Ward 4 Rose [c] The second component to the amendment is how agenda items are approved in committee. The discussion at the May 15`h COW meeting involved drafting a section of the ordinance that would require all agenda items to receive three votes of approval in a committee meeting before it was placed on a City Council agenda. Both components are reflected in the draft ordinance amendment that is attached. Finally, there has been some question as to how agenda items will proceed forward from COW to City Council; my recommendation is that each agenda item should be treated on a case- by-case basis. The reason for my recommendation lies in the fact that the new committee structure should allow most agenda items to be discussed at length. After the vote of approval by committee, the committee members should have a good idea as to how lengthy the corresponding COW and City Council discussion should be. It is my recommendation that each item that is approved to move forward be tagged with a COW and City Council agenda date. For instance, if the committee feels that future discussion will be limited, it can schedule the item for COW and City Council on the same night; if the committee feels that discussion will be extensive, it should assign only a COW date and allow the COW to decide when it should go forward for a vote. The fall-back scenario of agenda item scheduling is to always schedule items for COW and City Council on the same night, and allow the agenda items to be tabled/postponed. On a final, specific note, the bill list procedure does not need to change. At a staff level, the Finance department can continue to collect bills with their current deadlines. Instead of placing the bill list on the COW agenda one week and the City Council agenda the next week (as is currently done), the bill list can be distributed one week prior to the City Council agenda (when it would have been distributed with a COW packet) as a separate document, and can be listed on the COW agenda and City Council agenda on the same night. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- Amended and Restated Governing Ordinance, United City of Yorkville Addressing: Ethical Standards, Elected Officials Duties and Responsibilities, Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, and subsequently passed an Amended Governing Ordinance, on November 14, 2006 as Ordinance 2006-133 and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and Whereas, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and Whereas, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and Whereas, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and Whereas, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the . United City of Yorkville; and Whereas, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business; Therefore, be it ordained as follows: I. Ethical Standards — Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential'. K. Shall refrain from taking any official action that would censure any other elected official, unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, act and dress in a manor appropriate for the function. H. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. This is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCE 5/3.1-35-10) B. Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2nd and 4h Tuesday's of each month at 8_OO,PM in the City Hall Council Chambers-- - - - - - - - - - - - - - - - - Deleted: roo B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones, pagers, PDA's or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall have the right to vote to suspend the rules of order (regarding the order of discussion, and time limits) to provide for an open discussion. B. Shall not speak twice on an item before all other aldermen who wish to speak to the item have had an opportunity to speak once. No alderman nor mayor shall speak more than twice on any item. C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the first round; two minutes for the second round. Minutes not used shall be forfeited: minutes cannot be accumulated. D. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. E. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10" Edition) page 189, Section 16) F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overtum the Mayor's ruling. (Roberts Rules (RONR (10"` Edition) page 247, Section 24) G. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause, but may not do so for the same cause a second time. (65 ILCS 3. 1-40-15) H. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. I. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate. To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (10`" Edition) page 41, line 31) L. May, before voting, participate in a special committee of the whole meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tem pursuant to the Mayor Pro Tem Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tem shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council, in keeping with time limitations. The mayor shall, immediately after stating the item under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. Shall not allow any aldermen to speak more than twice on any item; shall not allow accumulation of minutes that have been forfeited. E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his opinion, shall not speak more than five minutes on the issue. F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible, and not allowing any one alderman to speak twice before all aldermen who wish to speak can do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward's two aldermen. H. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3. 1-40-30) IV. The Standing Committees of the City Council: A. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. B. Shall include four members (one from each ward) of the City Council. including the . . . . . . .. . Deleted: q ) Mayor. The Mayor is a non-votine member of each committee. Members will serve one-vear terms. Members shall be selected at the start of every fiscal vear by seriorim ," Deleted; shall have their meetings by allowing the senior alderman in each ward to have first and third pick of committee, incorporated into die Committee ofthe and the junior alderman in each ward to have second and fourth Dick of committee. Whole meetings of the City Council, and be placed on the COW agenda in the following manner: ¶ C. Shall be presided over by its chairman, who will conduct the business of the meeting Public Safety and Administration on the Chairman shall, following each election be selected according to seniority on the Citv First Tuesday of each month as needed;¶ Council- with the four longest serving aldermen offered, in torn according to seniority, Emnom m Development and Public their choice of chairmanships. Works on the Third Tuesday of each month as needed;¶ D Shall control the movement of helms from committee agendas to Committee of the Wholea Formatted: Bullets and Numbering and City Council agendas. Items may not move out of committee but for a vote of Formatted: Indent: Lek: 0.25' aooroval by 3 aldermen T t _ . ... ... ... . .. _ _ .. ... .. ... _ _ _ _ - ... _ _ _ _ .. _ _ _ _ .. _ _ _ _ _ .. _ ... _ _ _ _ -. -. . ' Formatted: Bullets and Numbering E. Shall have the sole power to assign liaisons to those city organizations that fall under that ., Deleted: , then Mayor, and yield the P u� � au i `. Floor back to due Mayor who presides committee's specific area of business listed in the City Council agenda as follows: I over due COW meetings. Deleted: Public Works: Park Board, YBSD <#>Shall include all members of the City Council, including die Mayor. The Mayor is a non-voting member of each Economic Development Chamber of Commerce, Kendall County Econ. Dev., Plan Commission, Bristol Plan Comm. <4>shau have four chairmen and four Yorkville Econ. Dev. Corp., Aurora Area Conv. vice-ckahmen who well serve one-year toms. No alderman shall hold two such & Tourism Council , Downtown Re-development positions at the same time, entering that all aldermen shall hold me such position. Chairman shall, following each election, Public Safety Human Resource Comm., School District, be selected according to seniority on the KenCom City Commit, with the four longesl- '`i serving alderman offered, in tum according to seniority, their choice of the Administration Metra, Library, Cable Consortium chairmanships, and the four minority numbers. by the same method, offered their choice of vice-chairmanships. At '� the conclusion of the year, the vice e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ — _ _ _ _ chairmen shall assume the chairmanship NOW THEREFORE, upon Motion dully made, seconded and approved by the majority of those 'I of their committees, with the former members of the City Council voting, the following action is hereby taken by the City Council of chairmen moving into vice chairmanship positions on new committees in the the United City Of Yorkville: following roamer: Public Safety to Economic Development; Economic Development to Admirilstmdm; �. Administration to Public Works; ••. r 120BYN SUTCLIFF , JOSEPH BESCO_ _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ Formatted: Bullets and Numbering - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - IGARY OOLINSKI W W _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ALLY_ _ ERDERIC_H. . . . _ _ _ _ _ _ _ _ _ `,h Deleted: OE PLOCHER MARTY MUNNS Deleted: I — - - - - - - - — - - - - - - — — - - - - - - - - - - - - , e 9 ROSE SPEARS JASON LESLIE \ ¶ z Formatted: Not Highlight r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '. Deleted: . Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Deleted: VALERIE BURD Day of , A.D. 2007. ` Deleted: PAUL JA MFS - h Deleted: DEAN WOLFER j Deleted: ` 9 Formatted: Not Highlight MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Deleted: Prepared by:$ John Justin Wyahl City Attorney$ United City of YodviDej 800 Gme Farm Road9 Yorkville, IL 605601 - Page 7: [1] Deleted Bart Olson 5/31/2007 11:05:00 AM Shall include all members of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. Shall have four chairmen and four vice-chairmen who will serve one-year terms. No alderman shall hold two such positions at the same time, ensuring that all aldermen shall hold one such position. Chairmen shall, following each election, be selected according to seniority on the City Council, with the four longest- serving alderman offered, in turn according to seniority, their choice of the chairmanships, and the four minority members, by the same method, offered their choice of vice-chairmanships. At the conclusion of the year, the vice chairmen shall assume the chairmanship of their committees, with the former chairmen moving into vice chairmanship positions on new committees in the following manner: Public Safety to Economic Development; Economic Development to Administration; Administration to Public Works; Public Works to Public Safety. ., Page 7: [2] Deleted Bart Olson 5/31/2007 11:11:00 AM LE:: Al (V` VC�1' S' (P 1v STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- Amended and Restated Governing Ordinance, United City of Yorkville Addressing: Ethical Standards, Elected Officials Duties and Responsibilities, Meeting Standards and Committee Structure Whereas, the City Council of the United City of Yorkville first passed a Governing Ordinance, on June 27, 2006 as Ordinance 2006-58, and subsequently passed an Amended Governing Ordinance, on November 14, 2006 as Ordinance 2006- 133 and intends to amend said Ordinance and restate it in its entirety, by this Ordinance rendering this as the full text of the Governing Ordinance of the United City of Yorkville; and Whereas, the City Council of the United City of Yorkville, in accordance with Illinois Compiled State Statutes, has the right to determine procedures for organizing and conducting all meetings of the City Council acknowledging that the City is bound by certain state and federal laws as well as legal precedents which cannot be supplanted by City Ordinance; and Whereas, in keeping with this right, the City Council has adopted Roberts Rules of Order to outline the procedure to be followed during meetings and to regulate the actions of Council members and the public in attendance at such meetings; and Whereas, the Council has determined that, to further ensure the orderly flow of information presented at its meetings and to protect the integrity of all in attendance at such meetings, it requires an additional written policy to clarify and amend Roberts Rules; and Whereas, the Council has undertaken to compile a list of ethical standards for City elected officials which the Council wishes to be included in its written policy; and Whereas, the Council also has determined that it is in the best interests of all members of the City Council and the residents of the United City of Yorkville that said policy should include guidelines that clarify the duties and rights of aldermen and the mayor as elected officials of the United City of Yorkville; and Whereas, the Council also requires said policy to officially establish standing committees of the Council and to outline procedures for the organization of said committees, including the selection of membership and chairmen of said committees, so that membership and chairmanship shall be unbiased and non-partisan, and offer all aldermen an equal opportunity to understand City business; Therefore, be it ordained as follows: I. Ethical Standards — Elected officials of the United City of Yorkville: A. Shall obey the Constitution and laws of the United States, of the State of Illinois, and the United City of Yorkville. B. Shall be dedicated to the concepts of effective and democratic local government. C. Shall strive to be trustworthy and to act with integrity and moral courage on behalf of one's constituents, so as to maintain public confidence in City government and in the performance of the public trust. D. Shall make impartial decisions, free of bribes, unlawful gifts, narrow special interests, or financial or other personal interests. E. Shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with official duties. F. Shall extend equal opportunities and due process to all parties in matters under consideration. G. Shall recognize that the chief function of local government is at all times to serve the best interests of the residents of the United City of Yorkville. H. Shall work to keep the community informed on municipal affairs, encourage communication between residents and municipal officers; emphasize friendly and courteous service to the public; and seek to improve the quality and image of public service. I. Shall work to assure that government is conducted openly, efficiently, equitably, and honorably in a manner that permits residents to make informed judgments and hold City officials accountable. J. Shall show respect for persons, confidences and information designated as "confidential". K. Shall refrain from taking any official action that would censure any other elected official, unless such member has been found guilty of a legal offense that would require such action by the City Council. L. Shall, when representing the City, act and dress in a manor appropriate for the function. II. Duties and Rights of Elected Officials: Aldermen A. Shall, through their council votes, create the public policy that governs the United City of Yorkville, and provide oversight for the executive branch. B. Shall have the right to expect that the mayor and city's staff will provide them with clear and unbiased information to help them in their decision-making process. C. May, at their discretion, hold ward meetings in their ward, or devise other ways to better understand the wishes of their constituents. Tlris is not meant to preclude aldermen from taking a city-wide view of the impact of an item under discussion, but to underline that aldermen are empowered to act on behalf of their constituents, and should be apprised of all items that are brought to the City that in any way pertain to their Ward. It is recommended that as a courtesy the Alderman holding the meeting should contact the other alderman in the ward, in advance, about the meeting. D. Shall refrain from giving direction to any city employee. Policy is created by the entire City Council. If any alderman wishes to address any problems he or she sees occurring in the city, this problem may be brought to the attention of the mayor, the city administrator, department directors, or taken to the council as a whole for action. Requests for information are not to be considered as "giving direction." Mayor A. Shall perform all the duties which are prescribed by law, including ordinances, and shall take care that the laws and ordinances are faithfully executed. Shall from time to time and annually, give the corporate authorities information concerning the affairs of the municipality and may recommend for their consideration measures that the mayor believes expedient. (65 ILCE 5/3 . 1 -35- 10) B. Shall be a non-voting member of all standing committees. C. Shall make appointments to fill vacancies, with the advice and consent of the Council. III. Meeting Standards Applicable to City Council Meetings Generally A. City Council Meetings shall be regularly scheduled to convene on the 2n' and 4"' Tuesday's of each month at 8 :00 PM in the City Hall Council Chambers. B. City Council Meetings shall be generally conducted according to the agenda template attached hereto. C. The Mayor, or any 3 Aldermen, may call a special meeting by submitting the request in the form of a Notice, and an Agenda for the meeting, in writing to the City Clerk. The Clerk shall as soon as possible 1 ) deliver a copy of the Notice and Agenda to each Elected Official, 2) post the Notice and Agenda at City Hall, and 3) send a copy of the Notice and Agenda to all registered news media. No special meeting shall be called for a date less than 48 hours after the Notice and agenda have been submitted to the City Clerk. The Clerk shall submit a Certification of Notice as evidence of providing the notices set out above, including all Copies of Publication to the City Council, and said Certification of Notice shall be inserted into the record of the Special Meeting. (5 ILCS 120/2.02) D. Except during the time allotted for public discussion and comment, no person, other than a member of the council, or an officer, employee, independent contractor, or other person recognized by the presiding officer, shall address the Council, except with the consent of two of the members present. E. No ordinance or resolution shall be voted on at a City Council meeting unless the item to be voted on has been presented in its final form to the Corporate Authorities at least four days prior to the vote. F. All attendees at every city council meeting shall put their cell phones, pagers, PDA' s or similar devices on silent mode prior to all such meetings, and shall not communicate on such devices during any such meetings. Elected officials, and department heads may excuse themselves from a meeting in order to communicate on such devices. G. The standards concerning order of speaking and time limits set by this Governing Ordinance shall apply to all items, including motions, resolutions, ordinances or action items wherein a vote may be taken. Aldermen A. Shall have the right to place an item on any Council meeting agenda for discussion. Shall have the right to vote to suspend the rules of order (regarding the order of discussion, and time limits) to provide for an open discussion. B. Shall not speak twice on an item before all other aldermen who wish to speak to the item have had an opportunity to speak once. No alderman nor mayor shall speak more than twice on any item. C. Shall, after being recognized by the chair, limit his or her remarks to five minutes for the first round; two minutes for the second round. Minutes not used shall be forfeited: minutes cannot be accumulated. D. Shall, before speaking at a meeting, first be recognized by the presiding officer, and shall address all remarks to the presiding officer, without a response from the presiding officer. E. May not move to end debate before every alderman who wishes to speak to an agenda item has had the opportunity to do so. A motion to end debate, or "call the question" shall require a two-thirds vote. (Roberts Rules (RONR (10th Edition) page 189, Section 16) F. May appeal a ruling by the Mayor to the Council as a whole. A majority vote can overturn the Mayor's ruling. (Roberts Rules (RONR (10th Edition) page 247, Section 24) G. May, by a two-thirds majority vote, expel a fellow alderman from a meeting for cause, but may not do so for the same cause a second time. (65 ILCS 3 . 1 -40-15) H. May, upon the request of any two aldermen present, defer a report of a committee to the next regular meeting of the Council. I. Shall, during a meeting, have the option to be the first and last speaker on an item if he or she has placed the item on the Council agenda. J. Shall, after being appointed as a liaison to another city organization, be responsible for keeping all Council members informed of that organization's significant activities. K. Shall limit their remarks to the question under debate. To this end, aldermen must never attack or make any allusion to the motives of aldermen. (RONR (I Oth Edition) page 41 , line 31) L. May, before voting, participate in a special committee of the whole meeting to review nominees that the mayor appoints when the appointment is either to fill a vacancy in an elective or appointed office that requires the advice and consent of the City Council. M. Shall elect from one of the Aldermen as Mayor Pro Tern pursuant to the Mayor Pro Tem Policy of the United City of Yorkville, attached hereto. Mayor A. Shall preside at every regular Council meeting fulfilling the normal and customary functions of the chairman of the meeting; in his absence the elected mayor-pro-tern shall preside. At ad hoc committee meetings of the Council, the chairman of the committee shall preside. B. Shall preserve order and decorum, may speak to points of order in preference to aldermen, and shall decide all questions of order, subject to appeal. In the case of disorderly conduct, the mayor shall have the power to request that the Council Chambers be cleared. C. Shall appoint the City Attorney to be parliamentarian of the Council. D. May, without relinquishing the chair, voice his opinion on items before the City Council, in keeping with time limitations. The mayor shall, immediately after stating the itern under discussion, ask the alderman who has requested an item to be placed on the agenda if he or she wishes to introduce the item or the applicable Committee Chairman if no particular alderman has requested that the item be placed upon the agenda. The mayor shall recognize this alderman as the last one to speak to the item if the alderman requests to do so. Shall not allow any aldermen to speak more than twice on any item; shall not allow accumulation of minutes that have been forfeited. E. Shall, during debate, limit each alderman's chance to speak to five minutes the first time on each agenda item, and two minutes for rebuttal. The mayor, if he chooses to state his opinion, shall not speak more than five minutes on the issue. F. Shall recognize each alderman wishing to speak to an agenda item in turn, rotating different sides of the question, pro and con, as much as possible, and not allowing any one alderman to speak twice before all aldermen who wish to speak can do so. He shall give preference first to an alderman who has placed the item under discussion on the Council's agenda. G. Shall insure that any information he makes available to aldermen on an agenda item is given to all aldermen in the same timely fashion, so that all aldermen can make informed decisions. It is the mayor's responsibility to insure that any item brought to the mayor's attention that pertains to a project or problem in a City Ward should be brought immediately to the attention of that Ward'.s two aldermen. H. Shall not vote on any ordinance, resolution or motion except: i. When the vote of the alderman has resulted in a tie; ii. When one-half of the aldermen elected have voted in favor of an ordinance, resolution or motion even though there is not tie; and iii. When a vote greater than a majority of the corporate authorities is required. (65 ILCS 5/3. 1 -40-30) IV. The Standing Committees of the City Council: A. Shall include the Public Works, Public Safety, Administration, and Economic Development Committees. B. Shall include four members (one from each ward) of the City Council, including the Mayor. The Mayor is a non-voting member of each committee. Members will serve one-year terms. Members shall be selected at the start of every fiscal year by seniority, by allowing the senior alderman in each ward to have first and third pick of committee, and the junior alderman in each ward to have second and fourth pick of committee. C. Shall be presided over by its chairman, who will conduct the business of the meeting. Chairman shall, following each election be selected according to seniority on the City Council, with the four longest serving aldermen offered, in turn according to seniority, their choice of chairmanships. D. Shall control the movement of items from committee agendas to Committee of the Whole and City Council agendas. Items may not move out of committee but for a vote of approval by 3 aldermen. E. Shall have the sole power to assign liaisons to those city organizations that fall under that committee's specific area of business listed in the City Council agenda as follows: Public Works: Park Board, YBSD Economic Development Chamber of Commerce, Kendall County Econ. Dev., Plan Commission, Bristol Plan Comm. Yorkville Econ. Dev. Corp., Aurora Area Conv. & Tourism Council , Downtown Re-development Public Safety Human Resource Comm., School District, KenCom Administration Metra, Library, Cable Consortium NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI WALLY WERDERICH JOE PLOCHER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK ClT` Reviewed By: Agenda Item Number J= O� Legal ❑ Finance ❑ AAJ 0V- EST. leas Engineer F1-G ` D y City Administrator ❑ Tracking Number a �O Consultant ❑ LE `��? Human Resources ❑ I ()\A/ • 007 - 016 City Council Agenda Item Summary Memo Title: Kendall County Paratransit letter of commitment City Council I COW Agenda Date: COW June 19, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: N/A Council Action Requested: Discussion and move forward to June 26 CC agenda Submitted by: Bart Olson Administration Name Department Agenda Item Notes: =`1%tiD Clr o United City of Yorkville Memo g T 800 Game Farm Road EST. `_:..: 1836 Yorkville,: Illinois 60560 L Telephone : 630-553-4350 to p" Fax: 630-553-7575 <LE Date: June 14, 2007 To: Committee of the Whole From: Bart Olson, Interim City Administrator CC: Travis Miller, Community Development Director Subject: Kendall County Paratransit System For the past several months, Kendall County has been meeting with its municipalities to coordinate the creation of a paratransit system. Details on the paratransit system proposal are attached to this memo. The vision of the paratransit program is "to implement transit service in the Kendall County area that is reliable, flexible, and financially sustainable, while satisfying the various mobility needs of the general public and individuals unable to access or operate private automobiles, principally the disabled, low-income, senior, and youth populations". The paratransit system will provide flexible route (stopping points outlined on map in brochure, similar in process but not quantity to a bus route) and demand response (i.e. individual requests transportation from their home to a fixed point like a medical center). At a cost of a couple dollars per trip, the paratransit system is an economically sensible alternative to taxis or other private modes of transportation for individuals. The cost of the system for the entire County is estimated to be $500,000 per year. Of that $500,000, a large portion will be funded through state and federal grants — however, those grants require a local match. At a paratransit subcommittee meeting, the County and representatives from the municipalities agreed that the local match would best be split according to population in Kendall County. Our share of the population results in a request for $ 13,964. The representatives of the meeting calculated that this paratransit system makes financial sense for the residents of the City if one person uses the paratransit system for a round trip of more than a couple miles per day. Given that many of the fixed points of the flexible route system are in Yorkville, most of the flexible routes go through Yorkville, and Yorkville is the geographic center of the developed area of the County, I would estimate that this system will be used far more often by Yorkville residents than one trip per day. In essence, we are providing subsidized transportation costs to residents — these transportation costs save the individual user greatly. For example, a taxi cab ride from the Yorkville Public Library to Rush Copley Medical Center in Aurora would likely costa resident more than $ 10. Under the paratransit program, this trip would likely be less than $5. Funding a paratransit system is a policy decision for the City Council to make. The idea of a subsidy is for the City to provide a service to the residents by paying for the service out of general taxes, as long as the City' s effort is more economical, efficient and effective than what the private sector can provide. I believe this subsidy meets that definition, and therefore I endorse the request for commitment and funding. The County is requesting a letter of commitment for $ 13,964 (to be funded out of the FY 08/09 budget) and resolution of support from the City for the program (both attached to this memo). On a final note, I have also attached a news article that outlines the discussion Montgomery had when the funding was being considered by their Village Board. LE h d a v m m o@ m c v To v o a v m o a File'ow 2 u c o .` > s Q cm S a w $ y o M n a ~ m o - ` n C 00 mc yr N 3 .o n 3 o c - c i0 ° m E w o E 3 >: c C " a pRQ4 � { r w U Y C o m c o 'moo° a $ ° `v w t y i c m c J 12 a ad v y m m a '° .� ° o m d E a - n w - T c m c o ° E: a v - >o N c - - c o o� Y a c Y n > s o E v m " 0 3 a 6 m v o a 0 2 $ w d 3 a d `o o N d d c Y ._ o c day ° m $ nmU n c E m n " N 0 o o C m N N o o w n w a >• t m o' m m try c 3 u E o o u `o « E m ° n voi Tomb a o Z v a E E o a m o N n c .� s c / Gp v Q ~ -� I v '" " "° a i `o o m F E 'E ~. � � .n u'S s $ o « o 0 v vc 0 i a° ro a S I m ° cm o a c� a w m -° m o o E o o m ° .: r� LL >• >: o ° r `tg « " n t°- �. '^ n ., m �° a c o a m a c a m > z c v ^c-0 3 ,. `m v E o LS on v 3 c c� n 3 o m ° > : c m a t- r` w co « > w e 16 46 n _ c � m ct 3 m o v $ m v 20 Y ¢ Z ¢ O ¢ 0- 5 0 envoy fr o c ° a E_ 0 m E E m dam - m F 0 z a m c m « I(1 m V U p� w 5 s a E t o o c o c rn v d' NmwN mNmmC _ o J Qma w d (5 N4' T' Oa ndm z � d VO NN � dY > f3 v' \ � H 16 N C Q C° p E o o ° m w « w a v e m o y o E _ ZE aim oa v & s° aa TF Iwo ' r 3 v @o -` n v39 . 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" o @ �' " `m '`" m ty nov o � c ovw voE .«, myo « 8 � w m v ' m15 if E °' c a v Moo L 0 T ' E " A v w m y ; 3 0 E mM m y v m v °c N = E i= a 3 s ot- " 3 00m '^ o `v ov o 05 ma & r $ a ° m ° 0 6m' `on Dam '> 'v' ,°' @ 3 ^ ° " EaY=i o « 5 v ; m °mm .Q 2 « ui '^ tt00 v � a 'o0 � dm " m � vZ°,, .� „ 0 3 � ry EoE o . no v..la � uvi Q > m `o o° v m $ °a ° N m a o m o a m m : r ' � o a0 —11:% n `m °c c v oN `. g 9 0 ; m m a ° we o LL o ° 'C 001 sm a 3 ° ' 'S o v ° v v a .d '3° .` m 00 oo° ` gym No1O .. fi t ge „” : m # Lv ' vo . Evo `on ov, ° 3 c oo $ onam Et " c m $ v n .m la yl a >o m m 3 y a v m a n ° m o 0 o E E v 2 v ovvma°v L E°° m n m u o NCo mo o 0 m ° m E ° o n ° in Ncm c ° Eo v o s � v o o¢ - EE> a m mzm i.o ao o "=Or .... y Sy z, 3 « o ° `S4 ^' ° 3 �. a y wc � rpF m maln ¢ n � @LS ` U '^ n m me P voEE „ ti- E wo w cih 3s > v ` 500 n vyv = = . oi = n gnv a � gu 3 c f lee In, No C5 Office of Administrative Services 1 �,g�e of 3 E of NNDALL; Memorandum HE & 111 West Fox Street e t�at Yorkville, Illinois 60560 r� u� aRY , 630 . 553 .4171 FAX 630. 553 .4214 Memorandum To: Kendall County Municipalities From: Jeff Wilkins, Kendall County Administrator CO. Holly Smith, Kane/Kendall Council of Mayors Date: February 23, 2007 Re: Transit Meeting Summary In Attendance: Tom Thomas City of Sandwich Jim Shapard City of Joliet Holly Smith Kane/Kendall Council of Mayors Jeff Wilkins Kendall County Bart Olson United City of Yorkville Mara Johnson Village of Montgomery Chris Minick Village of Plainfield Jonathan Proulx Village of Plainfield On January 9, 2007, Kendall County and municipalities met to discuss a funding formula for the proposed countywide transit services. The current total project cost of the countywide transit program is estimated at $500,000. A majority of funding is anticipated through a combination of federal grant dollars, with roughly $125,000 outstanding for local match. Local government representatives in attendance expressed an interest in contributing to the transit program's local match component. Members determined that population was the most logical basis for local government contributions. Thus, the $125,000 of required local match will be distributed amongst the local governments (municipalities and the County) based on their respective percentages of Kendall County's total population, or approximately $1 .53 per capita. (See attached spreadsheet for proposed local government contributions.) Proposed Funding Formula: $125,000 x (percentage of population) = annual contribution To ensure that transit contributions keep pace with increasing population, the most current population estimates, resulting from special census or most recent US Census projections, will be utilized to calculate annual contributions. The formula may also be revisited once the service is implemented and actual ridership and travel data is available for analysis. Social service agencies and non-profits may contribute donations to the transit program local match. If these donations (excluding fare box recovery) combined with local government contributions result in local match dollars exceeding $150,000, the excess above $150,000 will equitably reduce the per capita contribution for each municipality and the County. (See attached spreadsheet for contribution reduction example.) A resolution template and letter of request summarizing the proposed transit funding formula and local government contributions will be issued to each municipality for Board consideration. NE IVI N�5 Community Transit System Proposed Local Government Funding Contributions Aurora $4,472 2,927 3.58% Joliet $14,231 9,315 11 .38% Minooka $1 ,375 900 1 .10% Montgomery $9,431 6,173 7.54% Newark $1 ,575 1 ,031 1 .26% Oswego $35,643 23,330 28.51 % Plainfield $695 455 0.56% Plano $11 ,211 7,338 8.97% Yorkville $17,117 11 ,204 13.69% Lisbon, Millbrook, Millington, Sandwictl $1 ,494 978 1 .20% Kendall County (unincorporated) $27,756 18,168 22.21 % Total $125,000 81 ,819 100.00% NOTES 1: Approximately $1 .53 per capita contribution. 2: Data primarily from official US Census 2000, 2005 approximations and supplemented with most current numbers from some municipalities' special census. 3: Population breakdown: Lisbon (262), Millbrook (303), Millington (301), and Sandwich (112) 11312007 Pagel P�ge� nF 3 Example of Contribution Reduction Scenario If total local match, consisting of local government contributions and other donations, exceeds $150,000, the excess in funding will be subtracted from $125,000 and the difference will be redistributed among the local government units, lowering individual contributions. Example scenario: Local Government Contributions Total $125,000 Other Donations (non-fare box) + $50,000 Total Local Match $175,000 Maximum Local Match Required _ $150,000 Local Match Excess $25,000 Updated Local Government Contributions Total $100,000 � • r Aurora $4,472 $3,577 2,927 3.58% Joliet $14,231 $11 ,385 9,315 11 .38% Minooka $1 ,375 $1 ,100 900 1 .10% Montgomery $9,431 $7,545 6,173 7.54% Newark $1 ,575 $1 ,260 1 ,031 1 .26% Oswego $35,643 $28,514 23,330 28.51 % Plainfield $695 $556 455 0.56% Plano $11 ,211 $8,969 7,338 8.97% Yorkville $17,117 $13,694 11 ,204 13.69% Lisbon, Millbrook, Millington, Sandwicfl $1 ,494 $1 ,195 978 1 .20% Kendall County (unincorporated) $27,756 $22,205 18,168 22.21 % Totall $125,000 $100,000 81 ,819 100.00% NOTES 1: Approximately $1.53 per capita contribution. 2: Approximately $1 .22 per capita contribution. 3: Data primarily from official US Census 2000, 2005 approximations and supplemented with most current numbers from some municipalities' special census 4: Population breakdown: Lisbon (262), Millbrook (303), Millington (301), and Sandwich (112) 1/3112007 Page Re5d1J) 611 df 4Fblf Page I � � Z Resolution No: (GOVERNING BODY OF GRANTEE) APPROVING LOCAL MATCH DOLLARS FOR GRANT APPLICATION FOR THE KENDALL COMMUNITY TRANSIT PROJECT WHEREAS, the population of Kendall County has grown by 45.8% from April 1 , 2000 to July 1 , 2005; and WHEREAS, Kendall County is among a small number of counties in the State of Illinois where public transit services do not exist; and WHEREAS, a Working Group consisting of various local governments, social service agencies, non- profits, health organizations, and others assessed existing resources and transportation needs, resulting in a vision statement and service priorities, and designed a potential public transit Project that fits the resources and needs of the County; and WHEREAS, the total Project cost is estimated to cost $500,000 annually; and WHEREAS, Section 5311 Rural Public Transportation Program has been identified as a potential funding source for the Project, requiring approximately $125,000 or 25% local match; and WHEREAS, Kendall County local government representatives determined that population was the most logical basis for local government contributions to the Project's local match; and WHEREAS, $125,000 of approximate required local match for the Project's grant applications will be distributed amongst the local governments (municipalities and the County) based on their respective percentages of Kendall County's total population, or approximately $1 .53 per capita; and WHEREAS, to ensure that transit contributions keep pace with increasing population, the most current population estimates, resulting from special census or most recent US Census projections, will be utilized to calculate annual contributions; and WHEREAS, if social service agencies and non-profits donations (excluding fare box recovery) combined with local government contributions result in local match dollars exceeding $150,000, the excess above $150,000 will equitably reduce the per capita contribution for each municipality and the County; and WHEREAS, local governments participating in the transit Project, if selected for funding, would partner with the Voluntary Action Center of DeKalb, a non-profit agency that has provided transit services to the DeKalb County area since 1975. NOW, THEREFORE, BE IT RESOLVED that the (Governing Body) 1 . Approves the filing of 5311 grant applications for the Kendall Community Transit Project; 2. Approves the utilization of $ annually for local match for a potential 5311 grant award for the Kendall Community Transit Project; 3. Appoints the (designate position, not person occupying position), as agent to execute payment requests necessary for the completion of the aforementioned Project. f� e Z of Approved and adopted the day of 20 � _ I , the undersigned, hereby ertify that the foregoing Resolution Number was duly adopted by the (Governing Body) Following Roll Call Vote: Ayes: Nos: Absent: Clerk/Secretary for the Governing Board v Commlt{ tenf June 26, 2007 Mr. David Spacek Illinois Department of Transportation Division of Public and Intermodal Transportation Bureau Chief, Downstate Area Programs 310 S. Michigan Ave Rm 1608 Chicago, IL 60604 Dear Mr. Spacek: The United City of Yorkville is partnering with various local governments, social service agencies, non-profits, health organizations, and others to address the unmet travel needs of seniors, persons with disabilities, low-income individuals, and the general public by implementing the first public transit project in the County. The Kendall Community Transit Project would provide basic medical transportation countywide, demand response service in the populated rural areas, and flexible route service along the Fox River corridor. Kendall County has identified the Rural Public Transportation Program (Section 5311) as the appropriate funding source for the Kendall Community Transit Project. As a partner, the United City of Yorkville pledges $ 13,694 for use as local match. We anticipate that this new program will provide our organization with [insert number of rides] annually, which is unmet by the current lack of transportation resources and services. If selected for 5311 funding, Kendall County would contract with the Voluntary Action Center of DeKalb, a non-profit agency that has provided transit services to the DeKalb County area since 1975. Based on the Voluntary Action Center's success in providing nearly 120,000 rides annually, we are confident that they would coordinate with appropriate partners to ensure efficient and effective use of grant funds. Again, the United City of Yorkville would like to convey strong support to the Kendall Community Transit Project for Section 5311 funding. Thank you for your consideration. Sincerely, Mayor Valerie Burd United City of Yorkville endall transit service bid backed : News : Oswego Ledger-Sentinel :... http://www.ledgersentine l.coin/article.asp?a=6197 Ledger Sentinel - The local NEWS source in Oswego, Montgomery and Boulder Hill for more than half a century. T dg%e.�—Sentinel Published each te - ■i-0,`�'✓- jl Thursday in Oswego, ®, Web Ci This Site Illinois 60543 -- - Search Award-Winning Newspaper: Illinois Press Association, Northern Illinois Newspaper Association -rs5slxMt "contests - This Week n` I - News News - Opinion - Reflections Kendall transit service bid backed - Sports Montgomery supports concept for service, contribution - All by John Etheredge Last Week - News 5/31/2007 - Opinion - Reflections The Montgomery Village Board is backing a joint effort by Kendall County - sport s and county municipalities to establish a countywide transit service. - All [All his Month Village board members voiced unanimous support for the establishment of News the service during a May 22 committee meeting. Opinion Board members also agreed to contribute approximately $9,400 as the snort s Refilections village's proportionate share of the cost for the service. Mera Johnson, assistant to the village manager, told board members that the county and county municipal officials are working to secure a $500,000 ' -- Last Month - News Illinois Department of Transportation grant to start the service. - Opinion The grant, however, would require a local match of $125,000. - Reflections - Sport s County and municipal officials have proposed dividing the cost of the local - All match based on local populations. Full Archive Johnson said the village's share of the local match would be $9,431. - News - Opinion Oswego, Kendall County's largest municipality with a population estimated - Reflections at 23,300, would be assessed the highest fee, $35,643, while Plainfield - Sports would be charged the lowest fee of $695, based on its Kendall County - All population of 455, according to information presented to the board by Johnson. Contact Us Johnson said the village could appropriate funds for its contribution to the Subscription Form service for its next fiscal year. Classified Form Letter Form Referring to the transit service proposal, Johnson told the board, "I think this is a great opportunity for us to provide transportation to our residents in Kendall County." s Johnson noted that the only public transit service now available to village residents Is a Pace bus route that serves the village's Douglas Road corridor. Pace is funded through the Regional Transit Authority (RTA) which serves the six county Chicagoland region, including the Kane County portion of the village. Kendall County, however, is not an RTA member county. Board member Jeanne Felten said she liked the idea of seeing transit service expanded to the Kendall County portion of the village. "I think if we can make this work, it's a good opportunity to provide a service for all of our citizens, especially in light of the gasoline prices that keep going higher," Felten said. If the $500,000 grant and local contributions can be secured, Johnson said that county and municipal officials would seek to contract for the transit service with a private firm. Johnson said officials envision having a service with two to three flexible routes that would pick up riders at their homes and drop them off at specific locations such as retail stores and doctors' offices. 1 of 2 6/14/2007 10:58 AM Cendall transit service bid backed : News : Oswego Ledger-Sentinel :... http://www.ledgersentinel.com/article.asp?a=6197 She noted that the transit service would take riders to locations such as doctors' offices outside Kendall County. Johnson added that service would also be offered to residents of the village's Anderson Farms senior apartments, located just north of the Kendall-Kane county line, west of Douglas Road. The service would be available not only to seniors, but the disabled and others who do not drive their own vehicles, according to Johnson. Marilyn Michelins, village president, said the transit service would be comparable to the Dial-A-Ride service now offered by Aurora Township to residents age 60 and older. Board member Denny Lee noted that Oswego was not represented at a Feb. 23 meeting in Yorkville when grant and local matches were discussed. He questioned if other county municipalities would be supportive of the transit service. In addition to Montgomery and the county, municipalities represented at the Feb. 23 meeting were Sandwich, Joliet, Yorkville and Plainfield. "The communities that were there were in favor of it," Johnson said, adding, "In order for this to work, all of the county municipalities will have to provide a match." Copyright ® 2006 Small Business Advances Site design by universal expression - design ' print ' web Comments or Questions - Chicago's Professional Web Design Firm Site maintained using SnaCrvrcnw Content Mann emen( System 2 of 2 6/14/2007 10:58 AM c/py Reviewed By: Agenda Item Number � s ,_ ® � Legal ❑ Mayor # 2 ES7. '1, Finance El Baas Engineer ❑ Tracking Number OCity Administrator F-1 fel �f 2® Consultant ❑ COW 2007-07 M,U eft ` ALE ❑ City Council Agenda Item Summary Memo Title: Ordinance Providing for Abatement of Taxes Levied Pursuant to Ordinance Number 2007-41 (Kendall Marketplace) City Council / Committee of the Whole Date: June 19, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve ordinance. Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 2007-_ AN ORDINANCE PROVIDING FOR ABATEMENT OF TAXES LEVIED PURSUANT TO ORDINANCE NUMBER 2007-41 ADOPTED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS The 26th day of June, 2007 Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County, Illinois this 26th day of June, 2007. CHI2_717094.3 ORDINANCE NO, 2007- AN ORDINANCE PROVIDING FOR ABATEMENT OF TAXES LEVIED PURSUANT TO ORDINANCE NUMBER 2007-41 BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1 . Findings and Declarations. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "Cit ') as follows: a. The City has previously designated the Kendall Marketplace Business District (the "Business District") pursuant to Ordinance Number 2006-147 adopted on December 12, 2006 and the provisions of the Business District Development -and Redevelopment Act, 65 ILCS 5/11 -74.3 et sec . (the "Business District Act") and has otherwise complied with all other conditions precedent required by the Business District Act. b. The City has previously established Special Service Area Number 2006- 113 (the "Special Service Area") pursuant to Ordinance Number 2007-26 adopted on March 13, 2007, the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., as amended (the "Special Service Area Act") and the provisions of Section 7 of Article VII of the 1970 Constitution of the State of Illinois, and has otherwise complied with all other conditions precedent required by the Special Service Area Act. C. The City has previously issued its Sales Tax Revenue Bonds, Series 2007 (Kendall Marketplace Project) (the "Sales Tax Bonds") pursuant to a Trust Indenture dated as of June 1 , 2007 (the "Sales Tax Indenture") between the City and The Bank of New York Trust Company N.A., as trustee (the "Sales Tax Trustee") and Ordinance Number 2007-09 adopted on January 23, 2007 (the "Sales Tax Bond Ordinance") for the purpose of providing a portion of the funds needed for project costs in the Business District. The Sales Tax Bonds are payable from certain local sales taxes derived from the Business District and pledged by the City pursuant to the Sales Tax Bond Ordinance. d. The City has previously issued its Special Service Area Number 2006- 113 Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Road Project) (the "SSA Bonds") pursuant to a Trust Indenture dated as of April 1 , 2007 (the "SSA Indenture") between the City and The Bank of New York Trust Company, N.A., as trustee (the "SSA Trustee") and Ordinance Number 2007-41 adopted on May 14, 2007 (the "SSA Bond Ordinance") for the purpose of providing a portion of the funds needed for the costs of special services in the Special Service Area. The SSA Bonds are payable from ad valorem property taxes (the "Ad Valorem Taxes") levied by the City pursuant to the SSA Bond Ordinance. CHI2_717094.3 e. The City has previously issued its Business District Revenue Bonds, Series 2007 (Storm Water/Water Improvement Project) (the "Business District Bonds") pursuant to a Trust Indenture dated as of April 1 , 2007 (the "Business District Indenture") between the City and The Bank of New York Trust Company, N.A., as trustee and Ordinance Number 2006-148 adopted on December 12, 2006 for the purpose of providing a portion of the funds needed for project costs in the Business District. f. The boundaries of the Business District and the Special Service Area are coterminous. g. Pursuant to Section 5.3 of the Business District Indenture, the City has provided that certain amounts on deposit in the Business District Sales Tax Account established under the Business District Indenture shall be transferred to the SSA Trustee for deposit in the Debt Service Fund established under the SSA Indenture (the "Debt Service Fund") so long as the SSA Bonds are outstanding. h. Pursuant to Section 6.5 of the SSA Indenture, the City has provided that the Ad Valorem Taxes may be abated from additional funds of the City available for such purpose and deposited into the Debt Service Fund (the "Available Funds"). i. Pursuant to Section 5.3 of the Sales Tax Indenture, the City provided that amounts remaining on deposit in the Local Sales Tax Account after payment of debt service, administrative expenses and reserves (the "Remaining Local Sales Taxes") could be applied to any purpose authorized by the Business District Act. j . The abatement of the Ad Valorem Taxes with the Remaining Local Sales Taxes is found to be a proper purpose under the Business District Act. Section 2. Abatement of Taxes. Pursuant to Section 5.3 of the Sales Tax Indenture, on each Accounting Date, as defined in the Sales Tax Trust Indenture, Remaining Local Sales Taxes shall be transferred by the Sales Tax Trustee to the SSA Trustee and, prior to the redemption of the Sales Tax Bonds and the Business District Bonds, and prior to any other use authorized under the Business District Act, shall be treated as Available Funds under the SSA Indenture and be used to abate Ad Valorem Taxes pursuant to Section 4.3(b)(v) of the SSA Indenture. The amount of Remaining Local Sales Taxes so transferred shall be that which, combined with other Available Funds of the Issuer, does not exceed the amount necessary to fully abate the Ad Valorem Taxes for the following year. If the source of Available Funds is both Remaining Local Sales Taxes and Excess Business District Sales Taxes, as defined in the Business District Indenture, the City shall allocate the Available Funds so transferred between the Sales Tax Bonds and the Business District Bonds in proportion to the original principal amounts of such bond issues. Section 3 . Additional Authority. The Mayor, the City Clerk and the other officers of the City are authorized to execute and deliver on behalf of the City such other documents, agreements and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to effectuate the intent and purposes of this Ordinance. 2 CHI2_717094.3 Section 4. Severability. If any section, paragraph, clause or provision of this Ordinance (including any section, paragraph, clause or provision of any exhibit to this Ordinance) shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other sections, paragraphs, clauses or provisions of this Ordinance (or of any of the exhibits to this Ordinance). Section 5. Ordinance a Contract. In consideration of the execution and delivery of the Sales Tax Indenture by the Sales Tax Trustee and the SSA Indenture by the SSA Trustee, this Ordinance shall be deemed to be and shall constitute a contract between the City and, respectively, the Sales Tax Trustee and the SSA Trustee. Section 6. Repealer; Effect of Ordinance. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this Ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be effective upon its passage and publication as provided by law. Section 7. Filing of Ordinance. A Certified copy of this Ordinance shall be filed with the Sales Tax Trustee and the SSA Trustee immediately upon its becoming effective. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this 26th day of June, 2007. VOTING AYE: VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: City Clerk 3 CHI2_717094.3 Reviewed By: Agenda Item Number u O J a Legal ❑ City Clerk # 1 1836 EST. Finance ❑ Engineer ❑ Tracking Number dD (a City Administrator F1 Consultant ❑ COW 2007-08 SCE ®��, ❑ City Council Agenda Item Summary Memo Title: Prevailing Wage Ordinance City Council / Committee of the Whole Date: June 19, 2007 Synopsis: Ordinance that declares the city' s compliance with the Illinois Prevailing Wage Act. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Vote to approve ordinance. Submitted by: Lisa Pickering Clerk's Office Name Department Agenda Item Notes: �o4�tiOp Cyr United City of Yorkville Memo 4 ` A 800 Game Farm Road EST, �� � . 1836 Yorkville, Illinois 60560 Telephone: 630-553 -4350 0, Fax: 630-553 -7575 rc��mRc�n O� Date: June 14, 2007 To: Mayor and City Council From: Lisa Pickering, Deputy Clerk CC: Bart Olson, Interim City Administrator Subject: Prevailing Wage Ordinance The city is required by the State of Illinois to annually pass an ordinance declaring compliance with the Illinois Prevailing Wage Act. The purpose of the prevailing wage act is to ensure that the general prevailing rate of wages for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of the city are the same as the prevailing rate of wages for construction work in the Kendall County area. The rate of wages is determined by the Department of Labor and the State of Illinois. I have attached the ordinance along with the list of Kendall County prevailing wages for June 2007. COUNTY OF KENDALL ) ss STATE OF ILLINOIS ) ORDINANCE NO, 2007 - AN ORDINANCE DECLARING THE UNITED CITY OF YORKVILLE'S COMPLIANCE WITH ILLINOIS PREVAILING WAGE ACT WHEREAS, the State of Illinois has enacted "An ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works," approved June 26, 1941 , as amended, being Chapter 820 ILLS 130/1 -12 Illinois Compiled Statutes; and WHEREAS, the aforesaid Act requires that the United City of Yorkville investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics, and other workers in the locality of said City employed in performing construction of public works, for said City; and NOW, THEREFORE, be it ordained by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois as follows: SECTION 1 TO the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works" approved June 26, 1941 , as amended, the general prevailing rate of wages in the locality for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of this City is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 2007, a copy of that determination being attached hereto as Exhibit "A" and incorporated herein by reference. The definition of any terms appearing in this Ordinance which area also used in the aforesaid Act shall be the same as in said Act. SECTION 2 Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or employment except public works of this City to the extent required by the aforesaid Act. SECTION 3 The City Clerk shall publicly post or keep available for inspection by any interested party in the main office of this City this determination of such prevailing rate of wage. SECTION 4 The City Clerk shall mail a copy of this determination to any employer, and to any association of employers and to any person or association of employees who have filed or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5 The City shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois. SECTION 6 The City Clerk shall cause a notice to be published in a newspaper of general circulation within the area that the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto as Exhibit `B". Such publication shall constitute notice that this is the determination of the City and is effective. IN WITNESS WHEREOF, this ordinance has been enacted this day of 2007. WALTER WERDERICH MARTY MUNNS JASON LESLIE ROBYN SUTCLIFF ARDEN JOE PLOCHER ROSE SPEARS GARY GOLINSKI JOSEPH BESCO APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. Mayor PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. Attest: City Clerk Kendall County Prevailing Wage for June 2007 EXHIBIT " All Page 1 of 6 Kendall County Prevailing Wage for June 2007 Trade Name RG TYP C Base FRMAN *M-F>8 OSA OSH H/W Pensn Vac Trng --------- -- -- - ====== ====== ===== === === =-=== ----- ===== ASBESTOS ABT-GEN ALL 31 . 550 32 . 300 1 . 5 1 . 5 2 . 0 7 . 460 4 . 840 0 . 000 0 . 170 ASBESTOS ABT-MEC BLD 23 . 300 24 . 800 1 . 5 1 . 5 2 . 0 7 . 860 4 . 910 0 . 000 0 . 000 BOILERMAKER BLD 38 . 540 42 . 000 2 . 0 2 . 0 2 . 0 6 . 720 7 . 440 0 . 000 0 . 300 BRICK MASON BLD 34 . 850 38 . 340 1 . 5 1 . 5 2 . 0 7 . 050 7 . 870 0 . 000 0 . 380 CARPENTER ALL 35 . 320 37 . 320 1 . 5 1 . 5 2 . 0 6 . 760 5 . 320 0 . 000 0 . 490 CEMENT MASON ALL 35 . 300 37 . 300 2 . 0 1 . 5 2 . 0 6 . 400 8 . 910 0 . 000 0 . 100 CERAMIC TILE FNSHER BLD 28 . 520 0 . 000 2 . 0 1 . 5 2 . 0 5 . 650 5 . 750 0 . 000 0 . 330 COMMUNICATION TECH BLD 32 . 120 34 . 220 1 . 5 1 . 5 2 . 0 8 . 490 7 . 390 0 . 000 0 . 640 ELECTRIC PWR EQMT OP ALL 29 . 180 37 . 490 1 . 5 1 . 5 2 . 0 4 . 750 8 . 180 0 . 000 0 . 220 ELECTRIC PWR GRNDMAN ALL 22 . 610 37 . 490 1 . 5 1 . 5 2 . 0 4 . 750 6 . 330 0 . 000 0 . 170 ELECTRIC PWR LINEMAN ALL 34 . 710 37 . 490 1 . 5 1 . 5 2 . 0 4 . 750 9 . 720 0 . 000 0 . 260 ELECTRIC PWR TRK DRV ALL 23 . 350 37 . 490 1 . 5 1 . 5 2 . 0 4 . 750 6 . 540 0 . 000 0 . 180 ELECTRICIAN BLD 38 . 570 42 . 430 1 . 5 1 . 5 2 . 0 8 . 490 9 . 650 0 . 000 0 . 770 ELEVATOR CONSTRUCTOR BLD 42 . 045 47 . 300 2 . 0 2 . 0 2 . 0 8 . 275 6 . 060 2 . 520 0 . 550 FENCE ERECTOR ALL 34 . 100 35 . 810 2 . 0 2 . 0 2 . 0 7 . 690 13 . 11 0 . 000 0 . 230 GLAZIER BLD 31 . 400 32 . 400 1 . 5 2 . 0 2 . 0 6 . 490 9 . 050 0 . 000 0 . 500 HT/FROST INSULATOR BLD 33 . 300 35 . 050 1 . 5 1 . 5 2 . 0 7 . 860 8 . 610 0 . 000 0 . 310 IRON WORKER ALL 34 . 100 35 . 810 2 . 0 2 . 0 2 . 0 7 . 690 13 . 11 0 . 000 0 . 230 LABORER ALL 31 . 550 32 . 300 1 . 5 1 . 5 2 . 0 7 . 200 5 . 100 0 . 000 0 . 170 LATHER BLD 35 . 320 37 . 320 1 . 5 1 . 5 2 . 0 6 . 760 5 . 320 0 . 000 0 . 490 MACHINIST BLD 36 . 890 38 . 890 2 . 0 2 . 0 2 . 0 4 . 380 5 . 650 2 . 550 0 . 000 MARBLE FINISHERS ALL 25 . 750 0 . 000 1 . 5 1 . 5 2 . 0 6 . 070 7 . 020 0 . 000 0 . 580 MARBLE MASON BLD 34 . 850 38 . 340 1 . 5 1 . 5 2 . 0 7 . 050 7 . 870 0 . 000 0 . 490 MATERIAL TESTER 1 ALL 21 . 550 0 . 000 1 . 5 1 . 5 2 . 0 7 . 460 4 . 840 0 . 000 0 . 170 MATERIALS TESTER II ALL 26 . 550 0 . 000 1 . 5 1 . 5 2 . 0 7 . 460 4 . 840 0 . 000 0 . 170 MILLWRIGHT ALL 35 . 320 37 . 320 1 . 5 1 . 5 2 . 0 6 . 760 5 . 320 0 . 000 0 . 490 OPERATING ENGINEER BLD 1 41 . 550 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER BLD 2 40 . 250 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER BLD 3 37 . 700 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER BLD 4 35 . 950 45 . 550 2 . 0 2 . 0 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 1 39 . 750 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 2 39 . 200 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 3 37 . 150 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 4 35 . 750 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 OPERATING ENGINEER HWY 5 34 . 550 43 . 750 1 . 5 1 . 5 2 . 0 6 . 850 5 . 600 1 . 900 0 . 700 ORNAMNTL IRON WORKER ALL 34 . 100 35 . 810 2 . 0 2 . 0 2 . 0 7 . 690 13 . 11 0 . 000 0 . 230 PAINTER ALL 35 . 330 36 . 330 1 . 5 1 . 5 1 . 5 6 . 400 6 . 500 0 . 000 0 . 500 PAINTER SIGNS BLD 28 . 970 32 . 520 1 . 5 1 . 5 1 . 5 2 . 600 2 . 310 0 . 000 0 . 000 PILEDRIVER ALL 35 . 320 37 . 320 1 . 5 1 . 5 2 . 0 6 . 760 5 . 320 0 . 000 0 . 490 PIPEFITTER BLD 37 . 260 39 . 260 1 . 5 1 . 5 2 . 0 8 . 950 9 . 990 0 . 000 1 . 000 PLASTERER BLD 33 . 850 35 . 350 1 . 5 1 . 5 2 . 0 6 . 740 7 . 100 0 . 000 0 . 400 PLUMBER BLD 37 . 260 39 . 260 1 . 5 1 . 5 2 . 0 8 . 950 9 . 990 0 . 000 1 . 000 ROOFER BLD 33 . 650 35 . 650 1 . 5 1 . 5 2 . 0 6 . 460 3 . 310 0 . 000 0 . 330 SHEETMETAL WORKER BLD 36 . 510 38 . 510 1 . 5 1 . 5 2 . 0 6 . 890 8 . 020 0 . 000 0 . 640 SPRINKLER FITTER BLD 40 . 500 42 . 500 1 . 5 1 . 5 2 . 0 8 . 500 6 . 850 0 . 000 0 . 500 STEEL ERECTOR ALL 34 . 100 35 . 810 2 . 0 2 . 0 2 . 0 7 . 690 13 . 11 0 . 000 0 . 230 STONE MASON BLD 33 . 250 36 . 580 1 . 5 1 . 5 2 . 0 6 . 450 7 . 020 0 . 000 0 . 440 TERRAZZO FINISHER BLD 29 . 290 0 . 000 1 . 5 1 . 5 2 . 0 5 . 650 6 . 940 0 . 000 0 . 270 TERRAZZO MASON BLD 33 . 650 36 . 650 1 . 5 1 . 5 2 . 0 5 . 650 8 . 610 0 . 000 0 . 300 TILE MASON BLD 34 . 600 38 . 600 2 . 0 1 . 5 2 . 0 5 . 650 7 . 000 0 . 000 0 . 460 TRUCK DRIVER ALL 1 32 . 040 32 . 590 1 . 5 1 . 5 2 . 0 5 . 830 3 . 680 0 . 000 0 . 000 TRUCK DRIVER ALL 2 32 . 190 32 . 590 1 . 5 1 . 5 2 . 0 5 . 830 3 . 680 0 . 000 0 . 000 TRUCK DRIVER ALL 3 32 . 390 32 . 590 1 . 5 1 . 5 2 . 0 5 . 830 3 . 680 0 . 000 0 . 000 TRUCK DRIVER ALL 4 32 . 590 32 . 590 1 . 5 1 . 5 2 . 0 5 . 830 3 . 680 0 . 000 0 . 000 http://www.state.il.us/agency/idol/RATES/EVENMO/KENDALL9.htm 6/14/2007 Kendall County Prevailing Wage for June 2007 Page 2 of 6 TUCKPOINTER BLD 34 . 500 35 . 500 1 . 5 1 . 5 2 . 0 4 . 710 6 . 340 0 . 000 0 . 400 Legend : M-F>8 (overtime is required for any hour greater than 8 worked each day, Monday through Friday. OSA (Overtime is required for every hour worked on Saturday) OSH (Overtime is required for every hour worked on Sunday and Holidays ) H/W (Health & welfare Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) Explanations KENDALL COUNTY The following list is considered as those days for which holiday rates of wages for work performed apply : New Years Day , Memorial /Decoration Day , Fourth of July , Labor Day , Veterans Day , Thanksgiving Day , Christmas Day . Generally , any of these holidays which fall on a Sunday is celebrated on the following Monday . This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay . Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day . If in doubt , please check with IDOL . EXPLANATION OF CLASSES ASBESTOS - GENERAL - removal of asbestos material /mold and hazardous materials from any place in a building , including mechanical systems where those mechanical systems are to be removed . This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in a building when the building is to be demolished at the time or at some close future date . ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems , such as pipes , ducts , and boilers , where the mechanical systems are to remain . CERAMIC TILE FINISHER The grouting , cleaning , and polishing of all classes of tile , whether for interior or exterior purposes , all burned , glazed or unglazed products ; all composition materials , granite tiles , warning detectable tiles , cement tiles , epoxy composite materials , pavers , glass , mosaics , fiberglass , and all substitute materials , for tile made in the - like units ; all mixtures in tile like form of cement , metals , and other materials that are for and intended for use as a finished floor surface , stair treads , promenade roofs , walks , walls , ceilings , swimming pools , and all other places where tile is to form a finished interior or exterior . The mixing of all setting mortars including but not limited to thin- set mortars , epoxies , wall mud, and any other sand and cement mixtures or adhesives when used in the preparation, installation , repair , or maintenance of tile and/or similar materials . The handling and unloading of all sand, cement , lime , tile , fixtures , equipment , adhesives , or any other materials to be used in the preparation , installation , repair , or maintenance of tile and/or similar materials . Ceramic Tile Finishers shall fill all joints and voids regardless of method on all tile work, particularly and especially after installation of said tile work . Application of any http://www.state.il.us/agency/idol/RATES/EVENMO/KENDALL9.htm 6/14/2007 Kendall County Prevailing Wage for June 2007 Page 3 of 6 and all protective coverings to all types of tile installations including , but not be limited to , all soap compounds , paper products , tapes , and all polyethylene coverings , plywood, masonite , cardboard, and any new type of products that may be used to protect tile installations , Blastrac equipment , and all floor scarifying equipment used in preparing floors to receive tile . The clean up and removal of all waste and materials . All demolition of existing tile floors and walls to be re - tiled . COMMUNICATIONS TECHNICIAN Construction , installation , maintenance and removal of telecommunication facilities (voice , sound , data and video ) , telephone , security , and data inside wire , interconnect , terminal equipment , central offices , PABX and equipment , micro waves , V- SAT , bypass , CATV, WAN (wide area network) , LAN ( local area networks ) , and ISDN ( integrated system digital network) , pulling of wire in raceways , but not the installation of raceways . MARBLE FINISHER Loading and unloading trucks , distribution of all materials ( all stone , sand, etc . ) , stocking of floors with material , performing all rigging for heavy work , the handling of all mateiral that may be needed for the installation of such materials , building of scaffolding , polishing if needed, patching , waxing of material if damaged, pointing up , caulking , grouting and cleaning of marble , holding water on diamond or Carborundum blade or saw for setters cutting , use of tub saw or any other saw needed for preparation of material , drilling of holes for wires that anchor material set by setters , mixing up of molding plaster for installation of material , mixing up thin set for the installation of material , mixing up of sand to cement for the installatin of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble , slate , travertine , art marble , serpentine , alberene stone , blue stone , granite and other stones (meaning as to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as stone in the trade ) , carrara , sanionyx , vitrolite and similar opaque glass and the laying of all marble tile , terrazzo tile , slate tile and precast tile , steps , risers treads , base , or any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and experior which sare installed in a similar manner . MATERIAL TESTER I : Hand coring and drilling for testing of materials ; field inspection of uncured concrete and asphalt . MATERIAL TESTER II : Field inspection of welds , structural steel , fireproofing , masonry , soil , facade , reinforcing steel , formwork , cured concrete , and concrete and asphalt batch plants ; adjusting proportions of bituminous mixtures . TRUCK DRIVER - BUILDING , HEAVY AND HIGHWAY CONSTRUCTION Class 1 . Two or three Axle Trucks . A- frame Truck when used for transportation purposes ; Air Compressors and Welding Machines , including those pulled by cars , pick-up trucks and tractors ; Ambulances Batch Gate Lockers ; Batch Hopperman ; Car and Truck Washers ; Carry-alls ; Fork Lifts and Hoisters ; Helpers ; Mechanics Helpers and Greasers ; Oil Distributors 2 -man operation ; Pavement Breakers ; Pole http://www.state.il.us/agency/idol/RATES/EVENMO/KENDALL9.htm 6/14/2007 Kendall County Prevailing Wage for June 2007 Page 4 of 6 Trailer , up to 40 feet ; Power Mower Tractors ; Self -propelled Chip Spreader ; Skipman ; Slurry Trucks , 2 -man operation ; Slurry Truck Conveyor Operation , 2 or 3 man ; Teamsters ; Unskilled dumpman ; and Truck Drivers hauling warning lights , barricades , and portable toilets on the job site . Class 2 . Four axle trucks ; Dump Crets and Adgetors under 7 yards ; Dumpsters , Track Trucks , Euclids , Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self - loading equipment or similar equipment under 16 cubic yards ; Mixer Trucks under 7 yeards ; Ready-mix Plant Hopper Operator , and Winch Trucks , 2 Axles . Class 3 . Five axle trucks ; Dump Crets and Adgetors 7 yards and over ; Dumpsters , Track Trucks , Euclids , Hug Bottom Dump Turnatrailers or turnapulls when pulling other than self - loading equipment or similar equipment over 16 cubic yards ; Explosives and/or Fission Material Trucks ; Mixer Trucks 7 yards or over ; Mobile Cranes while in transit ; Oil Distributors , 1 -man operation ; Pole Trailer , over 40 feet ; Pole and Expandable Trailers hauling material over 50 feet long ; Slurry trucks , 1 -man operation ; Winch trucks , 3 axles or more ; Mechanic- -Truck Welder and Truck Painter . Class 4 . Six axle trucks ; Dual -purpose vehicles , such as mounted crane trucks with hoist and accessories ; Foreman ; Master Mechanic ; Self - loading equipment like P . B . and trucks with scoops on the front . OPERATING ENGINEERS - BUILDING Class 1 . Mechanic ; Asphalt Plant ; Asphalt Spreader ; Autograde ; Backhoes with Caisson attachment ; Batch Plant ; Benoto ; Boiler and Throttle Valve ; Caisson Rigs ; Central Redi -Mix Plant ; Combination Back Hoe Front End- loader Machine ; Compressor and Throttle Valve ; Concrete Breaker (Truck Mounted) ; Concrete Conveyor ; Concrete Paver ; Concrete Placer ; Concrete Placing Boom ; Concrete Pump (Truck Mounted) ; Concrete Tower ; Cranes , All ; Cranes , Hammerhead; Cranes , (GCI and similar Type ) ; Creter Crane ; Crusher, Stone , etc . ; Derricks ,. All ; Derricks , Traveling ; Formless Curb and Gutter Machine ; Grader , Elevating ; Grouting Machines ; Highlift Shovels or Front Endloader 2 - 1/ 4 yd . and over ; Hoists , Elevators , outside type rack and pinion and similar machines ; Hoists , one , two and three Drum; Hoists , Two Tugger One Floor ; Hydraulic Backhoes ; Hydraulic Boom Trucks ; Hydro Vac ( and similar equipment ) ; Locomotives , All ; Motor Patrol ; Pile Drivers and Skid Rig ; Post Hole Digger ; Pre - Stress Machine ; Pump Cretes Dual Ram; Pump Cretes ; Squeeze Cretes - screw Type Pumps ; Raised and Blind Hole Drill ; Roto Mill Grinder ; Scoops - Tractor Drawn ; Slip- form Paver ; Straddle Buggies ; Tournapull ; Tractor with Boom and Side Boom ; Trenching Machines . Class 2 . Boilers ; Broom, All Power Propelled ; Bulldozers ; Concrete Mixer (Two Bag and Over) ; Conveyor, Portable ; Forklift Trucks ; Greaser Engineer ; Highlift Shovels or Front Endloaders under 2 - 1 /4 yd . ; Hoists , Automatic ; Hoists , inside Freight Elevators ; Hoists , Sewer Dragging Machine ; Hoists , Tugger Single Drum ; Laser Screed ; Rock Drill ( self -propelled) ; Rock Drill ( truck mounted) ; Rollers , All ; Steam Generators ; Tractors , All ; Tractor Drawn Vibratory Roller ; Winch Trucks with "A" Frame . Class 3 . Air Compressor; Combination - Small Equipment Operator ; Generators ; Heaters , Mechanical ; Hoists , Inside Elevators - (Rheostat http://www.state.il.us/agency/idol/RATES/EVENMO/KENDALL9.htm 6/14/2007 Kendall County Prevailing Wage for June 2007 Page 5 of 6 Manual Controlled) ; Hydraulic Power Units ( Pile Driving , Extracting , and Drilling) ; Pumps , over 3 " ( 1 to 3 not to exceed a total of 300 ft . ) ; Pumps , Well Points ; Welding Machines ( 2 through 5 ) ; Winches , 4 small Electric Drill Winches ; Bobcat (up to and including 3 /4 cu . yd . ) . Class 4 . Bobcats and/or other Skid Steer Loaders ; Oilers ; and Brick Forklift . OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1 . Craft Foreman ; Asphalt Plant ; Asphalt Heater and Planer Combination ; Asphalt Heater Scarfire ; Asphalt Spreader ; Autograder/GOMACO or other similar type machines ; ABG Paver ; Backhoes with Caisson attachment ; Ballast Regulator ; Belt Loader ; Caisson Rigs ; Car Dumper ; Central Redi -Mix Plant ; Combination Backhoe Front Endloader Machine , ( 1 cu . yd . Backhoe Bucket or over or with attachments ) ; Concrete Breaker (Truck Mounted) : Concrete Conveyor ; Concrete Paver over 27E cu . ft . ; Concrete Placer ; Concrete Tube Float ; Cranes , all attachments ; Cranes , Hammerhead, Linden , Peco & Machines of a like nature ; Crete Crane ; Crusher , Stone , etc . ; Derricks , All ; Derrick Boats ; Derricks , Traveling ; Dowell machine with Air Compressor ; Dredges ; Field Mechanic-Welder ; Formless Curb and Gutter Machine ; Gradall and Machines of a like nature ; Grader , Elevating ; Grader , Motor Grader , Motor Patrol , Auto Patrol , Form Grader , Pull Grader , Subgrader ; Guard Rail Post Driver Mounted ; Hoists , One , Two and Three Drum ; Hydraulic Backhoes ; Backhoes with shear attachments ; Mucking Machine ; Pile Drivers and Skid Rig ; Pre- Stress Machine ; Pump Cretes Dual Ram ; Rock Drill - Crawler or Skid Rig ; Rock Drill - Truck Mounted ; Roto Mill Grinder ; Slip -Form Paver ; Soil Test Drill Rig (Truck Mounted) ; Straddle Buggies ; Hydraulic Telescoping Form (Tunnel ) ; Tractor Drawn Belt Loader (with attached pusher - two engineers ) ; Tractor with Boom; Tractaire with Attachments ; Trenching Machine ; Truck Mounted Concrete Pump with Boom ; Raised or Blind Hole ; Drills (Tunnel Shaft ) ; Underground Boring and/or Mining Machines ; Wheel Excavator ; Widener (APSCO) . Class 2 . Batch Plant ; Bituminous Mixer ; Boiler and Throttle Valve ; Bulldozers ; Car Loader Trailing Conveyors ; Combination Backhoe Front Endloader Machine ( less than 1 cu . yd . Backhoe Bucket or over or with attachments ) ; Compressor and Throttle Valve ; Compressor , Common Receiver ( 3 ) ; Concrete Breaker or Hydro Hammer ; Concrete Grinding Machine ; Concrete Mixer or Paver 7S Series to and including 27 cu . ft . ; Concrete Spreader ; Concrete Curing Machine , Burlap Machine , Belting Machine and Sealing Machine ; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type ) ; Drills , All ; Finishing Machine - Concrete ; Greaser Engineer ; Highlift Shovels or Front Endloader ; Hoist - Sewer Dragging Machine ; Hydraulic Boom Trucks (All Attachments ) ; Hydro-Blaster ; All Locomotives , Dinky ; Pump Cretes ; Squeeze Cretes - Screw Type Pumps , Gypsum Sulker and Pump ; Roller, Asphalt ; Rotory Snow Plows ; Rototiller, Seaman , etc . , self -propelled; Scoops - Tractor Drawn; Self - Propelled Compactor ; Spreader - Chip - Stone , etc . ; Scraper ; Scraper - Prime Mover in Tandem (Regardless of Size ) ; Tank Car Heater ; Tractors , Push , Pulling Sheeps Foot , Disc , Compactor, etc . ; Tug Boats . Class 3 . Boilers ; Brooms , All Power Propelled ; Cement Supply Tender ; Compressor , Common Receiver ( 2 ) ; Concrete Mixer (Two Bag and Over) ; Conveyor , Portable ; Farm-Type Tractors Used for Mowing , Seeding , etc . ; Fireman on Boilers ; Forklift Trucks ; Grouting Machine ; Hoists , http://www.state.il.us/agency/idol/RATES/EVENMO/KENDALL9.htm 6/14/2007 Kendall County Prevailing Wage for June 2007 Page 6 of 6 Automatic ; Hoists , All Elevators ; Hoists , Tugger Single Drum ; Jeep Diggers ; Pipe Jacking Machines ; Post -Hole Digger ; Power Saw, Concrete Power Driven ; Pug Mills ; Rollers , other than asphalt ; Seed and Straw Blower ; Steam Generators ; Stump Machine ; Winch Trucks with "A" Frame ; Work Boats ; Tamper - Form-Motor Driven . Class 4 . Air Compressor ; Combination - Small Equipment Operator ; Directional Boring Machine ; Generators ; Heaters , Mechanical ; Hydraulic Power Unit ( Pile Driving , Extracting , or Drilling) ; Hydro -Blaster ; Light Plants , All ( 1 through 5 ) ; Pumps , over 3 " ( 1 to 3 not to exceed a total of 300 ft . ) ; Pumps , Well Points ; Tractaire ; Welding Machines ( 2 through 5 ) ; Winches , 4 Small Electric Drill Winches . Class 5 . Bobcats ( all ) ; Brick Forklifts , Oilers . TERRAZZO FINISHER The handling of sand , cement , marble chips , and all other materials that may be used by the Mosaic Terrazzo Mechanic , and the mixing , grinding , grouting , cleaning and sealing of all Marble , Mosaic , and Terrazzo work , floors , base , stairs , and wainscoting by hand or machine , and in addition, assisting and aiding Marble , Masonic , and Terrazzo Mechanics . Other Classifications of Work : For definitions of classifications not otherwise set out , the Department generally has on file such definitions which are available . If a task to be performed is not subject to one of the classifications of pay set out , the Department will upon being contacted state which neighboring county has such a classification and provide such rate , such rate being deemed to exist by reference in this document . If no neighboring county rate applies to the task , the Department shall undertake a special determination , such special determination being then deemed to have existed under this determination . If a project requires these , or any classification not listed, please contact IDOL at 618/ 993 - 7271 for wage rates or clarifications . LANDSCAPING Landscaping work falls under the existing classifications for laborer , operating engineer and truck driver . The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer . The work performed by landscape operators ( regardless of equipment used or its size ) is covered by the classifications of operating engineer . The work performed by landscape truck drivers ( regardless of size of truck driven) is covered by the classifications of truck driver . http://www.state.il.us/agency/idol/RATES/EVENMO/KENDALL9.htin 6/14/2007 Exhibit `B" Public Notice The United City of Yorkville has passed an Ordinance establishing the prevailing rate of wages hereby ascertained to be the same as the prevailing rate of wages for construction work in the Kendall County area as determined by the Department of Labor and the State of Illinois as of June 2007. Anyone wishing to inspect the ordinance may do so at: City Hall, 800 Game Farm Road, Yorkville, Illinois, Monday through Friday, between the hours of 8 :00 A.M. and 4:30 P.M. JACQUELYN MILSCHEWSKI City Clerk BY: Lisa Pickering Deputy Clerk