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Economic Development Packet 2007 11-20-07 C,Ty United City of Yorkville � 800 Game Farm Road EST. .:. .: 1836 Yorkville, Illinois 60560 iTelephone: 630-553 -4350 qA Wanl�rert : Fax: 630-553-7575 <LE ,vv AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, November 20, 2007 7 :00 p.m. City Hall Council Chambers Presentation: None Minutes for Correction/Approval: October 16, 2007 New Business: 1 . EDC 2007-46 Monthly Building Permit Report for October 2007 2. EDC 2007-47 Monthly Plan Commission Report for November 2007 3 . EDC 2007-48 YMCA Pool Partnership Proposal 4. PC 2007-23 Zangler — Annexation Agreement 5 . PC 2007-36 Pobol Rezoning 6. PC 2007-38 Menard' s 6"' Addition Preliminary/Final Plat 7. EDC 2007-49 Illinois Tomorrow Grant Funding Match ($ 10,200) 8 . EDC 2007-50 Newark Boundary Agreement Discussion Old Business: 1 . EDC 2007-38 Sign Ordinance Update — December 11 , 2007 Workshop Agenda/Program Discussion Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, November 20, 2007 7:00 PM CITY COUNCIL CHAMBERS --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: 1 . October 16, 2007 ❑ Approved ❑ As presented ❑ With corrections -------------------------------------------------------------------------------------------- - ----------- NEW BUSINESS: -----------------------------------------------...........----------------------------------------------------------------------------- 1 . EDC 2007-46 Monthly Building Permit Report for October 2007 ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------- ------------------- 2. EDC 2007-47 Monthly Plan Commission Report for November 2007 ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . EDC 2007-48 YMCA Pool Partnership Proposal ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PC 2007-23 Zangler — Annexation Agreement ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ----------------- -------------- ---------------- ------------------------------------------ - ------------------------------ 5. PC 2007-36 Pobol Rezoning ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 6. PC 2007-38 Menard's 6th Addition Preliminary/Final Plat ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ------------------------------------------------------------------------------------------------------------------------............... 7. EDC 2007-49 Illinois Tomorrow Grant Funding Match ($ 10,200) ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 8. EDC 2007-50 Newark Boundary Agreement Discussion ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . EDC 2007-38 Sign Ordinance Update — December 11 , 2007 Workshop Agenda/Program Discussion ❑ Moved forward to COW & CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Page 1 of 6 RAFT UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, October 16, 2007, 7pm Council Chambers In Attendance: Committee Members Alderman Jason Leslie, Chairman Alderman Joe Besco Alderman Gary Golinski Alderman Marty Munns Mayor Valerie Burd Other City Officials: City Administrator Brendan McLaughlin Community Development Director Travis Miller Economic Development Director Lynn Dubajic Parks & Rec. Director David Mogle Other Guests: Larry Franklin Mike Franklin, Sr. Chris Lindley, C. Burke Engineering West Kate Edwards Dave Vaden(sp?), Land Vision Tim Winter, MPI Trevor Ryan, Marquette Land Carrie Herrmann Eric Goodman, Marquette Land John B. Kuhey III Michael Keck Dan Kramer, Attorney Jim La Porta The meeting was called to order at 7:04pm by Chairman Jason Leslie. MINUTES FOR CORRECTION/APPROVAL: The minutes for August 21 , 2007 and September 18, 2007 were approved as read. NEW BUSINESS: 1. EDC 2007-40 Monthly Building Permit Report for September 2007 The residential permits were down, however, commercial permits were up compared to last month. This is information only, no further action. 2. EDC 2007-41 Monthly Plan Commission Report for October 2007 There were five items on the October Plan Commission agenda and two are on this meeting's agenda and two will come to a future EDC. Page 2 of 6 3, ZBA 2007-34 212 Spring Street Variance Request This item had a Public Hearing and Finding of Fact at a recent Zoning meeting. At that time, the Board recommended to not approve this request made by Larry Franklin of 212 Spring St. The petitioner had asked for a variance for a setback in regards to a shed he had built. Travis Miller said the matter will also come before the Council for final consideration. Mr. Franklin presented a handout and read a statement explaining that he had started construction on a shed in November 2006. He said he was not aware of the setback code at that time and to remove or move the shed would cause him financial hardship. He added that a pond he had installed would also need to be rebuilt. He said he has received many compliments on his work. Others also spoke regarding this case: Kate Edwards said the shed had been started without a permit and that her Father had been the property owner prior to his death. She stated that her Father had informed Mr. Franklin of the five-foot setback. Michael Keck, who lives across from the petitioner, said that in seven years, Mr. Franklin had made many improvements to the property and therefore increased the property value. Carrie Herrmann, a landscape designer at 208 E. Spring, stated that she had no problem with the variance and that the improvements were an asset to the neighborhood. John Kuney, a real estate broker, said that this yard was the best-maintained property in the neighborhood. Lary Franklin' s Father, Michael Franklin, also spoke on his son's behalf. The committee then discussed the matter. During an inspection, it was found that the location was incorrect according to Mr. Miller, however, Mayor Burd stated that there was no inspection. Mr. Franklin said that the shed is not complete and therefore he cannot have a final inspection. Alderman Besco pointed out that there must have been a breakdown of communications since the Building Department normally follows the progress from the very beginning. He asked for a report from inspections. Alderman Munns questioned who is responsible for informing residents of the restrictions. The petitioner must be responsible for finding out setbacks when they apply for the permit and the ordinance is available at the time of the permit request according to Miller. Page 3 of 6 If this project had been done by a contractor, Chairman Leslie noted that the burden would be on the contractor. He said the committee would be remiss to ignore the ZBA ruling, but that he had reservations about this case. Alderman Golinski said he had visited the site and that it would create a hardship for Mr. Franklin. However, he did note that ordinances are in place for a reason and that the ZBA had recommended against the request. He encouraged all committee members to view the site before the Council takes final action. There was also a brief discussion about the pond and the burden of moving it as well. Mayor Burd asked if the fence was now off the neighbor's property. Mr. Franklin stated that is was. This matter will move forward to the City Council. 4. PC 2007-32 Thomas Alarm System - Rezoning This is a request to rezone property at 711 N. Bridge St. from R-2 to B-3 . The Plan Commission has made a recommendation of approval with consideration for staff reports. Travis Miller said a development agreement will be drafted regarding signage. There is no traffic concern and the property will be used to store trucks. This committee will give a positive recommendation for the rezoning request. 4. PC 2007-25 Fields at Westhaven — Preliminary PUD Travis Miller gave an overview of this development. This property located near Baseline and Rt. 47 was originally annexed and zoned PUD in 2005 with Pulte as the original developer. In 2006 Lakewood Homes requested an amendment to the PUD. The Fields of Westhaven is the north portion of the PUD. The preliminary plan includes dedicated sites for a park and school. It was noted that the Plan Commission has given a positive recommendation subject to staff and Plan Commission comments. There was some discussion regarding the removal of one or two of the lots. It was noted that the minimum lot size is 80 x 150. Alderman Besco suggested that one large, wet basin could be constructed as a development amenity if three of the lots were removed. This area could also include a gazebo. Trevor Ryan said that originally there were 321 lots and he has already lost 58 lots. The changes they have already made were in response to City requests. To re-design further would cost the developer more money. He also said they have made changes for two entrances. In addition, ComEd surrounds 2 sides of the parcel. Mr. Ryan asked the Committee to reconsider their requests. After a further brief discussion, the committee decided to give this PUD a positive recommendation. The historic street name list will also be given to the developer. Page 4 of 6 6. PC 2007-33 Welles Property — Zoning Recommendation Dan Kramer, Attorney stated that the matter had been to Plan Commission last week and a positive recommendation was given for estate zoning. The annexation agreement will be modified to reflect that. The committee members concurred. 7. PC 2007-22 B & P Properties — Rezoning/Concept PUD This property is located on Corneils Road and is part of the Rosenwinkel Development. It is annexed to the City with current zoning of M-1 and the agreement contains some terms for flex zoning also. An earlier request was for residential classification. The Plan Commission recommended a PUD and the petitioner prepared a concept plan including 48 duplex units. The density is 3 .53, slightly higher than normally allowed, however, Mr. Miller noted that the Plan Commission had recommended approval. A positive recommendation was also given by this committee and the matter will move forward to C.O.W./Council subject to staff comments. 8. PC 2007-19 Briguglio — Annexation The Public Hearing was held last week. Staff comments were presented and they included recommendations for utility easements. The committee recommended moving this item forward subject to staff concerns. 9. EDC 2007-42 Hudson Lakes Subdivision — Final Plat Extension Request 10. EDC 2007-43 Grande Reserve Unit 17, 18 & 19 — Final Plat Extension Request Travis Miller said a letter was received from Hudson Lakes requesting an extension of the final plat to the year 2010. He said the ordinance causes the preliminary plan to expire 12 months after it is approved if the final plat is not recorded. After discussion with the City Administrator, the staff recommended an extension no longer than one year, so October 28, 2008 will be the date used in the resolution. Regarding Grande Reserve, Besco stated that some of the units had not been published and therefore recommendations could not be given. Each item will require a separate resolution. Chairman Leslie observed that if the committee does not approve the requests, it will cost the developer money. He wondered about the effect the downturn in fees would have on the City. 11. EDC 2007-44 Sycamore Traffic Signal — Update/Discussion Travis Miller gave an overview of the background behind this request. He said that more recently Sexton has concerns with IDOT requiring turn lane and intersection improvements before their development starts construction. A meeting is scheduled for Monday morning for the details of this request. He will draft a final agreement prior to the next EDC. Page 5 of 6 Alderman Munns questioned the fact that there would not be a signal anytime soon. However, a temporary signal is still underway according to Miller. Munns said the residents will be out there picketing if it not installed soon! The City also wants to be certain that Sexton will pay for the permanent signal. Munns also addressed the issue of the steel plates on Rte. 34 and said that when cars drive over it, it creates a large bump without any warning of these bumps. Chairman Leslie suggested having Eric Dhuse use cold patch by the plates for a smoother transition. No further action is needed at this time. 12. EDC 2007-45 Proposed Economic Development Committee 2008 Meeting Schedule The committee was OK with the proposed schedule. OLD BUSINESS: L EDC 2007-38 Sign Ordinance Update — Discussion No update at this time. ADDITIONAL BUSINESS: Alderman Besco said only one Alderman was invited to go to Springfield with the Mayor to secure funds for street projects. He expressed concern because the same Alderman is invited to attend many other events and no one else has been asked. He stated the Chairmen of some of the committees have not been asked and he felt that Aldermen with knowledge of a particular issue should be attending for the maximum effectiveness for the City. He asked to take this matter to C.O.W./City Council for further discussion. Other committee members agreed with this. The most knowledgeable representatives are needed for lobbying. Besco said he had had conversations with Chris Lauzen and Linda Chapa LaVia regarding the need for improved infrastructure in this area. This issue will be placed on the agenda under City Council requests. City Administrator McLaughlin will be asked for direction. On October 29`h Alderman Besco is helping to move YEDC and asked for any volunteers to assist him. Alderman Golinski asked about the progress of Wa1Mart and Travis Miller reported that it is on schedule. Also, Miller noted that the water park is making progress and hopes to open in Spring. They have been in communication with MOT and they may look at a temporary access off Galena Road. Page 6 of 6 There was no further business and the meeting was adjourned at 8:40pm. Minutes respectfully submitted by Marlys Young, Minute Taker U O N i0 N O� Q T u> tx V T Q O ti h - N O - ti W O M W - M M GO ti W O\ � K Cb N di 05 VI JJ ...... m Vi � Yi di In K M K Vi A F9 f9 f9 (A C O U W F+ y 3 CI V U N tl L b 3 b L�� ti ytl A e u�, O V Ok ~ p y. ho124o d ~' QI N o C y g 4 3 c b p 5 n it c� " "Cl ti p N Ct 3 y s O y ; 5 !7 IA Y b 9 � h ti j C EkE O ry 'p p L y Yn. Erl O �O e O Vl M b Q N VI O t m n tlh q M K m Az NOW p N O p N O p N O O N O O N O q yyy�� N'g -* a cir` ,? 0 O� Memorandum o To: EDC EST. `, 1836 From: Travis Miller, Community Development Director CC: Brendan McLaughlin,City Administrator Lisa Pickering,Deputy Clerk `yy�2 Date: November 15,2007 4-E Subject: Plan Commission Actions November 14,2007 October 10, 2007 Meeting Minutes—Approved PC 2007-35 Letterle Annexation,Zoning and Special Use Request Motion to continue the Public Hearing to December 12, 2007 9 ayes; 0 no PC 2007-36 Pobol Zoning Consideration Motion to recommend Estate District Zoning Classification for the property 9 ayes; 0 no Findings noted at the meeting regarding the zoning classification included: - The general uses of the property within the general area of the property include large estate lot residential and agricultural uses. R-1 zoning is more intense than these uses and Estate District is more consistent with the surrounding context - Impact to infrastructure and roads were noted as a concern if the property is left in an R-1 district. The density allowable in the R-1 district would be higher than the current infrastructure could handle in this area. PC 2007-37 Blackberry Woods PUD Amendment Request Motion to recommend approval of the front yard setback amendment and approval of the 40%lot coverage amendment subject to the 40%lot coverage applying only to 50% of the ranch style units constructed. 9 ayes; 0 no Village of Montgomery/United City of Yorkville Boundary Agreement Motion to recommend approval of the boundary agreement as presented with the addition of a provision be added to prevent either community from force annexing territory between the communities. 9 ayes; 0 no Concerns were raised regarding the unincorporated Willowbrook subdivision lying between the communities and the Plan Commission felt these communities should be left unincorporated. Countryside Center Concept Plan — Triland Presentation The Plan Commission generally agreed the concept plan was appropriate for the location. The proposed entrance on Route 47 was questioned with concerns about additional traffic on Route 47. It was explained that the proposed entrance is aligned with the current entrance serving the Aldi grocery and Dunkin Donuts store and would be improved with signalization which was generally accepted as an appropriate solution by the Plan Commission. Reviewed By: Agenda Item Number 2 a o J c a T Legal uSiN6S&#� 7836 EST 1836 ❑ Engineer ❑ Tracking Number C h City Administrator F] 0� yary �O Consultant ❑ GDC. Aoo� <LE Agenda Item Summary Memo Title: YMCA Pool Partnership Proposal Meeting and Date: EDC—November 20, 2007 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Dave Mogle Parks and Recreation Name Department Agenda Item Notes: Air o United City of Yorkville Memo '" 800 Game Farm Road ESE. , _.:..,.1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 �;A LI ° p Fax: 630-553-7575 <LE Date: November 15,2007 To: City Co it From: Dave Me ,Director of Parks and Recreation CC: Subject: YMCA Presentation Attached is the communication you received from Andrew Bobbitt from the Fox Valley Family YMCA several weeks ago. It is being provided again for your review in anticipation of Mr.Bobbitt's presentation at the Economic Development Committee meeting on November 20, 2007. The material provides a plan and partnership proposal that would include the City of Yorkville in the construction of the new East Branch facility in the Grande Reserve development on Kennedy Rd. It is a proposal that has been presented to the Park Board. * 21 v R Yorkville Parks & Recreation Dept. 201 West Hydraulic Street - Yorkville, IL 60560 630.553.4357 630.553.4360 fax e-mail: recreation@yorkville.il.us June 8, 2007 Mr. Andrew Bobbitt, Executive Director Fox Valley Family YMCA 3875 Eldamain Rd. Plano, IL 60545 Dear Andrew, I am writing to inform you of the discussion among Park Board members at the May 10, 2007 Park Board meeting concerning the proposed YMCA/City partnership. In doing so, I will try to clarify the conclusion that we have made concerning a joint venture to construct an indoor recreational pool/water play area at the YMCA's East Branch, on Kennedy Road in Yorkville. That conclusion is to not recommend going forth with the partnership. First, the Park Board collectively, and I personally, appreciate the discussions we have held over the past several months concerning a possible YMCA/City partnership. When you visited a Park Board meeting late last fall, the Park Board encouraged us to "keep talking," and at the same time began to consider both pros and cons of the partnership. Secondly, the Board and staff do recognize there are potential benefits in a partnership endeavor as described in the partnership proposal that you developed. However, present circumstances exist that we believe make the proposed YMCA/City partnership to construct the pool impractical. First is the cost. Research that you and I conducted generated preliminary cost projections from architectural firms ranging from 2.5 million dollars to eight million dollars. We are probably closer by suggesting a range in the middle, from four to six million dollars. While partnership discussions haven't specified on the split, it is fairly accurate to say the City would need to contribute two to three million dollars, or more. It is my understanding from the City's Finance Director and financial consulting firm that the ability of the City to issue bonds is very limited, if not impossible, at this time and in the near future. You have raised the question about a referendum. The Park Board's position on that direction is that there are multiple facility needs in the City and passing a referendum is a major undertaking, unlikely to be done on a frequent basis. It could be more strategic and desirable for the focus of a referendum to be directed toward several facility needs and not just a single one. The Park Board has evaluated other projects that have been City priorities for a number of years that it believes are higher than an indoor pool at this time. Two that I have mentioned in earlier discussions with you are the City's commitment to 2 lease and develop an eighty acre portion of the Hoover property as a City park and the City's need for the construction of a Parks/Public Works facility. In addition, whereas the pool is a high priority for the YMCA because of the enhancements it brings to its membership, a gymnasium and meeting rooms rank higher in priority for the City. Presently there is limited indoor recreational programming space that the City owns. Another concern for the Park Board is whether the extent of benefits derived by the City is an adequate return for such a substantial investment. Should the pool be built in a later phase without City funds, the City may find it is more cost effective to simply rent time from the YMCA on a periodic basis to provide swimming to City residents who are non-YMCA members. Another main issue is that the YMCA timetable to move forward with its plan does not necessarily parallel the City's timetable. We have understood that the YMCA wanted to know of the City's commitment to the proposal by Spring/Summer of 2007. However, the Parks and Recreation Department has just begun the process to update its Master Plan which includes a new community survey, the last survey being completed in 2002. There is the desire on the part of the Park Board to complete these projects prior to committing to a partnership of this magnitude. The survey is scheduled to be completed by September and the Master Plan by early 2008. In conclusion, the main difficulties in the partnership proposal to construct an indoor pool center on financial issues, City priorities, and differing timetables. However, though the City was not to participate in an effort to construct the pool, there still remain potential cooperative projects between our organizations that can be a benefit to the community. Bridge Park and its open space and new lighted ball playing facilities are directly across Kennedy Ave. Also the new Y Branch is within a short walk from a nine acre Grande Reserve neighborhood park site that will include a disc golf facility. The recreational opportunities between our organizations are numerous. Finally, given the conclusion of the Park Board to not recommend a partnership to construct an indoor pool, and based on recent discussions with you, I understand it is your intent to take this issue directly to City Council. We understand your reasoning to do that and would ask that you let me know when you anticipate appearing before the Council, so that I may inform my board. To be as thorough in my explanation as possible concerning the discussion of the Park Board, I am attaching a list of concerns as they were discussed at the meeting. Please contact me if you have further questions or concerns. Thank you. Sincerely, Dtite Mogle Director of Parks and Recreation CC: Park Board 3 YMCA/CITY PARTNERSHIP PROPOSAL FOR CONSTRUCTION OF INDOOR SWIMMING/RECREATIONAL POOL Park Board's Concerns • PB has a larger vision to include more than just an indoor pool. Need for a full service recreation center that can be operated by the City. • PB has discussed possible availability of an existing structure in the City for a recreation facility with existing auditorium and program space when the building is vacated in 2 to 4 years. Concerned that City may need resources for that direction since the timing of their vacating could be close to the completion of YMCA. • City resources, available debt is very limited. A high priority is a parks maintenance/public works building ($5,000,000 plus). • Are nearing the time of a major park development project for that portion of the Hoover property that will be leased to the City. To include athletic and outdoor recreation facilities. • For the City's substantial financial involvement (potentially $2,500,000 or more) the return would be allowing non-YMCA member City of Yorkville residents to swim and participate in pool programs at the member price vs. non member price. Is that the best use of such a sizable sum (question of cost/benefit ratio) in light of other priorities? • For the amount of use by City would it be more practical to buy time from the YMCA at regular rental rate. • Completing our new community survey by September 2007 may reveal levels of interest different than five years ago. • Indoor Swimming Pool is a higher priority to the YMCA than it is to the City Parks and Recreation Department because of the enhancements to its membership. Gym/Indoor programming space operated by the City is a higher priority for City Parks and Recreation, because we are at the mercy of the owners of leased or loaned facilities that we now use. • YMCA is under some deadlines that may not parallel Parks and Recreation timing. Parks and Recreation is on course to complete a new Community Survey by September 2007 and Master Plan and by early 2008. • While we should seek ways to work together in cooperation for the community's benefit, it is a fact that we are competing agencies, with differing priorities and philosophies. 6/8/07 YFoxWe build strong kids, strong V`="e F� anllly 1 MCA families, strong communities August 15, 2007 Mayor Valerie Burd United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Dear Mayor Bard, On behalf of the Fox Valley Family YMCA, I would like the opportunity to formally present a brief outline of the enclosed proposal for an indoor pool partnership between our YMCA and the United City of Yorkville at a future city counsel meeting. With our new East Branch YMCA proposed for the corner of Mill Road and Kennedy Road, we are excited about our future in Yorkville and the opportunities it will make available to its residents! Kind Regards, Andrew Bobbitt Executive Director Enclosure Cc: Mr. Jason Leslie, Alderman Ward 1 Mr. Wally Werderich, Alderman Ward l Mr. Arden Joseph Plocher, Alderman Ward 2 Mr. Gary Golinski, Alderman Ward 2 Mr. Marty Munns, Alderman Ward 3 Ms. Robyn Sutcliff, Alderwoman Ward 3 Mr. Joseph Besco, Alderman Ward 4 Ms. Rose Spears, Alderwoman Ward 4 Central Branch--3875 Eldamain Road-Plano, IL 60545-630-552-4100-Fax 630-552-9623 West Branch-707 S.Main Street-Sandwich,IL 60548-815-786-9998-Fax 815-786-2315 East Branch-Mill Rd.&Kennedy Rd.--Yorkville,IL 60560-Coming summer of 2009! www.foxvaiieyymca.org Y 0Fox Valley Fa rat ily Y East Branch Partnership Proposal for the United City of Yorkville IZ a EST. � 1636 n �{ 1 Fox Valley Family YMCA f YMCA lilll __ J YWCA "We build strong bids, strong am lies., strong communities. 99 z YMCA Mission C A R 1 N = "To put Christian principles into practice through programs that , . . ,build a healthy spirit, mind® and ,body for all, rr Park and Recreation Board Mission "To act in unison with the United City of �rvaKv��E Yorkville goals and to enhance the recreation opportunities fur the rr residents. PAR�s RECR5ATION 4.4 acre donation of Land from MPI, LLC LF---- I MTVjtlime L JJ' T—�' T-1. L.1' J 4'1 s� i r - 40,000 square foot oil facility I 4� (: Phase 1 Will consist of a fitness center, aerobics room, kids zone, multi-purpose rooms, presch room, and locker rooms tf a - (: Phase 2 Will consist of a Warm Water, zero-depth family recreational / instructional pool _[ 44 MEOW' � R Phase 3 Will consist of a 1 , 5 full court indoor gyrnnaslWn i n I i 9 L 5 Full Coult Gymnasium Topth- ree- f)cilities and amenities desired by Yorkville residents,, according to the 2003 Park atinJI' R? i Master Plan I . ) Outdoor AqL-.�caibcs Center 2, ) ndolor Poo0 3 .) Multi-purpose rooms Indoor Basic Pool Gymnasium Multipurpose Rooms Outdoor Aquatics Center Outdoor Basic Pool Picnic Shelter 0 2.0 2. 1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3.0 Mean Rating (4 is highest) Meetings® Committees & past partnerships City of Yorkville Jason Leslie Debbie Horaz Dave Mogle -- -- - - _ - --- YMCA Becky Morphey = , Stan Free Andrew Bobbitt • Outdoor Aquatics Center J - Raging Waters Jr • Fitness Center & Multi-purpose rooms - Fox Valley Family YMCA • Indoor Pool - United City of Yorkville and the Fox Valley Family YMCA Sher Cities that have partnered with YMCAs �j .. The YMCA's Gig Harbor Aquatic Center just got bigger! Thanks to a collaboration I� with the PenMet Park District and the City of Gig Harbor, the YMCA of Tacoma- Pierce County expanded its construction plans to include an aquatic complex.-;I The West Family YMCA and Boise City Aquatic Center was built in 1995. This facility is a unique partnership between the YMCA and the City of Boise. The Aquatic Center is owned by the City and is operated by the YMCA. Amenities Swimming 50 meter swimming pool, training pool, 2 water slides, kiddie pool with slides and « other water toys, hydrotherapy pool Benefits to Yorkville Residents • Discounted aquatic center usage as was done with the outdoor pool • Residents pay same price as YMCA members for all aquatics programs " ° ` Y 12 Primary � ! � { ' Option Per belly lost of Chapman & Cutler LLP Through an alternate bond with repayment from city's operating budget over 20 years Would not count towards the city®s dcb I � it y EST.T to'� 7836 ILE _ Neither the YMCA or the City can afford to both build and run a pool of this kind . . . " Teamwork divides the ta5k and doubles the success. 1v Orrin Woodward " The whole is greater than the sum Dr. Russell L. A Ckoff Let's give Yorkville residents the pool they grant and deserve , y r� sA-; ♦�QD C/p` Reviewed By: Agenda Item Number 2 O J % Legal ❑ EST 1836 Finance ❑ Engineer El-�_- Tracking Number O � Gi y City Administrator ❑ 9 cw C11 �O Consultant ❑ PC 2007-23 nom„ LE F-1 Agenda Item Summary Memo Title: Zangler Property Meeting and Date: EDC/November 20, 2007 Synopsis: Request for Annexation Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report 1r 0 United City of Yorkville Memo 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 .4 Telephone: 630-553-8545 Fax: 630-553-3436 <ILE `vim Date: November 14,2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering,Deputy Clerk(for distribution) Subject: PC2007-23 Zangler Property Annexation Request Backeround• The Plan Commission reviewed this request October 10,2007 and recommended approval subject to the staff comments listed below. The motion was to include all staff comments prepared October 10,2007 with the exception of a recommendation made by staff for the annexation agreement to include a provision to require the creation of an easement for a future multi-use trail. This provision has been removed from the draft agreement. City Council conducted a public hearing October 23, 2007 for the annexation agreement. Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Suburban Neighborhood Land Use for the majority of the property with Park/Open Space Land Use along the western portion and along the Fox River frontage. Staff Comments: 1. Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. The petitioner is not requesting a re-zoning from this classification. The R-1 zoning district is appropriate zoning to be consistent with the Comprehensive Plan recommendation. 2. Staff recommends the Annexation Agreement include provisions to establish the following public easements(refer to Attachment 1): a. A utility easement to allow the extension of a sanitary sewer line across (east-west)the property in the future to serve the homes on Quinsey Lane east of the subject property. Joe Wywrot,City Engineer has advised this easement width should be a minimum of 30 feet wide. (the attached agreement includes this provision—Item 10) 1 b. An additional ten (10) feet be added to the existing utility easement along the west property boundary. (the attached agreement includes this provision — Item 10) 3 . The petitioner will be requesting annexation to YBSD for only a portion of the property. The intention is to annex an area surrounding the proposed home site only. Staff recommends this issue be resolved between the petitioner and YBSD and addressed in the annexation agreement. It should be clearly stated in the Annexation Agreement that in the event this property is further developed/divided into additional home sites, those homes would be required to be served by sanitary sewer and the YBSD territory would be expanded as necessary. 2 PLAT_OF TOPOGRAPHY e LEGEND 9, Attachment 1 .....n...:: _ .Y V n I i S`. &£mod u. �: ..�..,....�me..,.....�.a..:...:. f.�' �s, ,fit I�• - Existing Utility Easement sass \, - 10' Requested Addition to Utility EasementH - Requested 30' Sanitary Easement- Requested Multi-Use Trail Alignment R \9. �1 Rpw AN RVEY,NO L]�ijf•.o PLAT OF ANNEXATION LEGEND "y"' mw�ON as h ,N' fw-ALC«DParAxce 1yoy0 eecnon-6e-6r (n)�NLABIPF6DeiAME 9S MN mPf91D2 au819L( 0 W L9 Y � N N { NOT Or mo I"a 3 3260. 6 (R) ! TAT (Y)M f R PARCEL ONE: TRAI PART OF THE RORffi EASP 14 OP SELTON 93. W11NS1® 9'T NORM. MOE 9 EAST OF THE THBRD PBMC@V XS BESCMBED AS POMORS: WN CMO AS WE NOM EAST CORNER OF RAID NORTH EAST 1/4; UMM TROT A ONC THE KOM MR OF SAID NORM EAST 1/A. ERROR FEET. THENCE ROOM IITWW REEF 218.26 B ,, M@TCE ROM 4'O ,w EASF FW.VS FEW TO THE NORTHERLY ME REFEREED NESFM;T OF A l8 FOOT AIDE L MOM M NELSON J. QUOUNW3 SUBDAOSRH AS RECORDED NARCB R. 1422 M PUT BOOK T. PACE II AND TO TH8 PODTT OF BEGORENG: THENCE SOUTH YP46'9B' EAST AIONC SAE RROMM NORTHERLY ME AND SAID NORTERLY THE OF SAID UNE 267.V FERN. THENCE ROOT: WOO'W' EAST EB3l FEEL TO TIM HORTHERLT BANK OF THE FOR RM34- WSNCS ESTENLY.AIONO SAID NORTERLY BANK TO A PoMT SOUTH OA'WW' EAST FROM ME PODTT OF WCDMDIO: TH ERCE NORM OVOO'W' REST 586.90 FRET M THE POUT' OF BRGRORNO. M THE TI SRF OF HRLSFOL NENMALL COUNTL RLMOM. PAR mQ . x z EASEBIM (MR MGR63 AND EGRESS) CREATED BY NARRANBY DEED DATED ANOABY W. 1995 AND RECORDED UNOARY R6, 1433 M BOOR 8E OF ERROR PACE 638 MEE BY m o A A BIAEABETH H. TAM AND TOSEPH K. RAYNE, HER HCBBM9 TO AMUR L COTLDAS FOR m o 0 0 THE BENEFIT OF PARCEL I OVER THAT PART OF FEE KOM SASH 1/4 OP S6CTON 9a. "RNHUOP V NORM, WEE T EAST OF THE THMD PBMCMAL HEREIAN ONSCIUSM AS vrsr FMdDNS: FE ENCMG dT TAE NORM ETST C0 1 OF SAE NORM FAST 1/4: THENCE o ~ WW " E THE NORM iDR E SAID NORM EAST 1/4 BRS.W FLEE: TTOM SOUl1i LL'9N'W' NEST 21636 FEET, THENCE 90OTH 16.0 AFOO'000 BAST UNE PEEL TO W NORTBERLY ME EffTR. AS RROO RLY OF A 1 S. FOOT HIDE X 7 iFADWC TO PAGE A. QUEBSE r w OF SON. E RECORDED KOM S. 1e22 M EFr T OF PUTS PAGE t[ AND E=H TO THE row OF S MEMG, MAFT NORTH REFEREED TO HEST TO THE SOUTH MR OF QU Q ROAD ROVER E HBS PANT 1R REFEE E fO AS AND MEAT UREHCB MET 10 SAID S A% ME TO A PANT 16A FEET BAET OF AND TO MEASURED AT SOUTH MGM W TO Ya1D TEE O T OF BOUT( ; THERM TO RAID 145 'A' TO A POW 901TH 54.15'38' EAST OF THE POET' OF BEMN OF B THENCE NORM BOUNTY' NEST TO THE POW OF HFGMHMF. M THE TO1fN5HM OF BRISTOL %PH. Dl]L COUNTI. 11]BNOM. apo aoo C�1 GS m m . 2 9SNs m z- O � i i V e � + ,,., . . . . ., •r,�G .ebb ENS4 tY < A3 U2766 sp ate. �l CL v PBEPARED 88:Q 3F' se �x �` F .AREP YHBR YT. R00T. _ CV C. SIMA"TI p.1..8. 895E Cx 2prOB 000 ::e.La.°ESi°z°sm^ L�n�a°uoe ARROW - ,Kme� U RVEYIN6 ° OFESSIOMA4 CCBIGN qRN No. 1 EMaoa856 5^°' .. MN W°NGmp4rt s � •u wmo �aae x°.e' anmrnmrtd ��"^'°'�0 W-14]] w. 1� C� ✓4yf +9 N `.ILJI P �an v, z i_i j L' ` 1 Y t L� i r �l3rv� kip^'^' d Fl - S rp 18if" a r w P �1 ' •r �, tluinsey�a �)' 1 f ��r Van F' The Data Is provided withoutwarranty or any representation of United City of Yorkville GIS accuracy,timeliness,or completeness.It is the responsibility of the Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and Provided 8y Kendall County GIS appropriateness of Its use.The United City of Yorkville makes no warmetins.azoressed or imolied.to the use of the Data. I o goo a ; ❑ � O� O - - ❑ O 0 ? CD CJ a a ED rM ED _ ❑ ❑ ebrem-st vlJ n ❑ ❑ cfp -S Subject a Subject-,Property a � 001 ,l R-2 One Family Residence District R-1 One Family Residence District r� E-1 Estate Residence District f a GountY Span mmor � � �� �� C The Data is provided without warranty or any representation of e United City of Yorkville GIS accuracy,tlmeli mess,or completeness.It is the responsibility of the s F cel Data and QerldI PI1DIOgrBiJily "Requester"to determine accuracy,timeliness,completeness,andovided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no warranties.eMmnsaaa or Implied,to the use of[he Data. I I i i REV. —9/27/071 i Rev. 11/13/07 I ANNEXATION AGREEMENT (Zangler property) THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered as of the day of October, 2007 by and between ANTHONY ZANGLER and NICOLE ZANGLER (collectively, "OWNERS"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNERS are the owners of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "SUBJECT PROPERTY"). B. OWNERS desire to annex the SUBJECT PROPERTY to the CITY for the purposes of constructing one single family residence. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS desire to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. D. OWNERS propose that the SUBJECT PROPERTY be zoned to the R- 1 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") within the SUBJECT PROPERTY consisting of approximately five and eight tenths (5.8) acres, legally described in Exhibit "A" attached hereto. E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on October 10th, 2007. City Council conducted the public hearing on the annexation agreement on October 23rd, 2007. F. The CITY and OWNERS have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement subject to the terms and provisions of this Agreement, and the zoning and development of the SUBJECT 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. H. (i) Each party agrees that it is in the best interests of the OWNERS and the CITY to annex and develop the SUBJECT PROPERTY consisting of one single family residence. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS to provide for performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY and the OWNERS that the development and use of the SUBJECT 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. J. The OWNERS and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual 1. covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition and Annexation and drawings submitted therewith, and agree that the annexation, zoning and plan for the SUBJECT PROPERTY shall 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, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the R- 1 Single-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance"). OWNERS 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. 3, AMENDMENTS TO ORDINANCES. This Agreement includes no amendments to any City Ordinances. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist shall apply to the SUBJECT PROPERTY and its development . 4. FEES AND CHARGES, A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS, 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 are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". B. The CITY represents and warrants to OWNERS that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 5. CONTRIBUTIONS. The CITY shall not require the OWNERS to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 6. SCHOOL AND PARK DONATIONS. In the event this property is subdivided at a future date, the City will impose land-cash requirements to this property in accordance with the amount and type of residential units within the future development and/or subdivision plan. The Owner agrees to contribute the amounts listed on the Fee Schedule in Exhibit "C" of this agreement. 7. CERTIFICATES OF OCCUPANCY, A. The CITY shall issue a certificate of occupancy for the dwelling unit constructed on the SUBJECT PROPERTY within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNERS to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificate of occupancy shall be issued by the CITY for the dwelling unit whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions. 8. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11 -12-8 of the Illinois Compiled Statutes (2006) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes other than the utility easements described in this Agreement. 91 COMMENCEMENT OF IMPROVEMENTS. The SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural and nursery uses as interim uses until the relevant portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non-conforming uses of the SUBJECT PROPERTY. 10. ONSITE EASEMENTS AND IMPROVEMENTS. The parties acknowledge that there is currently a 30 foot sanitary and sewer easement located on the westerly edge of the property. The parties agree to add an additional 10 feet to the easterly portion of the existing easement so that the easement will become 40 feet in width and for the same purposes of the existing easement. The parties further agree that the Owners shall grant a contingent easement to the CITY for the purposes of a sanitary sewer easement, location and size to be agreed upon by the parties. Said easement documentation shall be prepared by the City and executed by the Owner within 30 days of a written request by the City to convey. The easement is contingent upon the CITY fully installing all sanitary sewer improvements within two years from the date of the execution of this annexation agreement. In the event all sanitary sewer improvements are not fully installed within two years, then this easement grant shall expire and no longer exist. 11. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a single family residence approved by the CITY in accordance with the terms hereof, and shall not, as the OWNERS of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 12, CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 13, CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY. 14, ADDRESSES. Within fourteen (14) days after the annexation is approved, CITY will provide OWNERS with the addresses of the lot for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 15. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion of the SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning may be applied for and processed by the CITY without requiring an amendment of this Agreement. 16. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: I If to OWNERS: Tony and Nicole Zangler O � � 946 Ogden Avenue Downers-Grove, IL60515 Fax: with copies to: Law Offices of Dallas C. Ingemunson, P.C. 226 S. Bridge Street Yorkville, Illinois 60560 Attention: Gregg Ingemunson Fax: (630) 553-7958 - — - (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road -. -. _..---- Yorkville, IL 60560 Fax- (630) 553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11 -15 . 1 -1 , et seq., Illinois Compiled Statutes (2002 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 and OWNERS shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT 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 SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNERS. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS' expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not deny a building or other permits that may be applied for due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS for the sale of any portion by OWNERS . [SIGNATURE PAGE FOLLOWS] IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: TONY ZANGLER Tony Zangler Nicole Zangler UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Title: Mayor I I I Attest: Title: City Clerk LIST OF EXHIBITS EXHIBIT "A": Legal Description and Plat of Annexation of SUBJECT PROPERTY EXHIBIT `B": Building Code EXHIBIT "C" Fee Schedule EXHIBIT "A" LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY EXHIBIT `B" BUILDING CODE EXHIBIT "C" FEESCHEDULE `,<o,D C/r- Reviewed By: Agenda Item Number � Legal ❑ EST. ` leas Finance F-1 1 - Engineer El-�-.-- Tracking Number .4 I� y W City Administrator ❑ p� —J— `=O Consultant ❑ PC 2007-36 y<CE ��? F-1 Agenda Item Summary Memo Title: Pobol Property Meeting and Date: EDC/November 20, 2007 Synopsis: Zoning classification determination for property annexed Council Action Previously Taken: Date of Action: October 9, 2007 Action Taken: Approval of Annexation of property Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report CITY United City of Yorkville Memo �. '" 800 Game Farm Road EST. 1936 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 KCpyry' �ge® C1.E vyti Date: November 9, 2007 To: EDC From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-36 Pobol Property Zoning Review Background The Plan Commission is scheduled to review the request and make a recommendation at the November 14, 2007 meeting. This property consists of approximately 4.5 acres and is accessed via a private lane off of Lisbon Road. The Annexation Plat is attached for reference. City Council approved the annexation of this property on October 9, 2007. Zoning Ordinance 10-4-5 requires all land annexed into the City be classified as R-1 Residential. Although, the petitioner is not requesting a re-zoning from this classification, 10-4-5 does require the Plan Commission to conduct a public hearing and make findings and recommendations with respect to the appropriate zoning classification or classifications of the annexed land and transmit to the Mayor and City Council. Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan recommends Transitional Neighborhood for the area this property is within. The Comprehensive Plan Land Use Plan recommends Office/Research/Industrial north of the subject property based upon the planned Prairie Parkway alignment and fixture intersection with Route 71 . The Comprehensive Plan Land Use Plan recommends Estate Neighborhood The property to the west was annexed to the City in September 2006 and rezoned to A- 1 . 1 Staff Comments: 1 . The existing use of the property is most similar to the uses permitted in the Estate Residential District. 2. Estate District and Residential R-1 District zoning classification of the property are both appropriate zoning which would allow for the continuation of the existing use of the property and be consistent with the future land uses recommended by the Comprehensive Land Use Map. 3 . In the event a development plan is proposed for this property in the future, the zoning classification may need to be evaluated based on the proposed plan regardless of the zoning classification recommended at this time. Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11 -4-76) 2 /IV 1 L rr 3 L 1 � •, 1 i- 'i'E` C `� �� rte, , 1 � I � t — Pob il Pr p f � f pLa I s i I 3 , YwN _ Es t Elvxxvxxvvo „w. }e4Y ` SyptxlEi,uR Easrw� _'1 tFG L VOY aPfa N.1 11.15 7 u e IxE axpoxxvvv e}as% Nex sn xu napwpnxoov Naw ar ` '',� uxRax ufmxxvxxaoE N.1 1 ®5 �7"ai7 n axYpnxpno RfralNxopp }up eu — N4fA 0 Naa }.a4 EO r— IxpuSfm%t lfla S% r_ _ IVBYCIWaSIVVOIIG" eb},a SY — I>R1uEpfx spa[E I.fNI 11.65 L� f%ISZo.a p3 e..1 pRppOSEp RpApa .W111)111%UF.S'lll:1:I.CC()!'1.1 TI,:S roiYL wvpr aRfY Nwaf.e r/�rNO% tmvl.er-4.P.a,,.rn.urll,,.ellY.vrn y nn.... form.m� \, 1xry Ir1111TIN pAAf'F 1'll N,)W NLMItH tx Af Rl ll Ar.,x. /1\N ,S✓..-.r n«rwnnmw„rna wnu.l The United'City Of Yorkville �s ia 11 1 nIL� ® 800 Game Farm Rd. COMPREHENSIVE PLAN Ad:, 6 F v YY1.rlos Yorkville.IL 60560 UNITED CITY OF YORKVILLE 630553-4350 ILUlsols ,,, •, °tl x „,• �" 777 � "1il 2 �, s. +� J•f w MSS tl`TaY'.'. x '659'/ � � • � �`e�iy"ypi i "� pl;{�d "i ? � ie_e.F f�j rr 4M" 9l j' 6 i }, v� L North�Star; „ ^'L�'�, �•�: _ Y 1 114' S � \A . I* ti HarnmanlProp,�, rhr $j17" r} w� � 1lnM Wailes Property l , 1 t { x ti "r� > ;. s � , € • T� r3 �� � fiie�a�a � � � r• qy��� = k} [ 3 . y4e � s 7r� 4y� � ! � ��� � C.•lu' '�11 ��+.1. k'7^_'�i-s �y4 .•- 1 .. , !I 4. Pobol Property — Existing Zoning Exhibit I A r i `i u i t i North Start Hamman,IProperty - Pobol Property, Welles Property it a I S J I lit it —' t.J f i i { 1 l - i I I, li The Data Is provided without warranty or any representation of Unifed City of Yorkville DIs nccuracy,timeliness,or completeness.It is the responsibility of the "44 , Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness.and r Provided By Kendall County GIS appropriateness of Its use.The United City of Yorkville makes no warranties,expressed or Implied,to the use of the Data. `QED Clpf Reviewed By: Agenda Item Number 2 F O J o �+ Legal ❑ New BLXI N> EST. 1836 Finance ❑ [r, City Adm nrist7 ator F1 Tracking Number 9 ' �0 Consultant ❑ PC 2007-38 Agenda Item Summary Memo Title: Menard's 6a'Addition Meeting and Date: EDC/November 20, 2007 Synopsis: Preliminary and Final Subdivision request for 3 lots within Lot 4 of the original Menards Subdivision Council Action Previously Taken: Date of Action: May 14, 2002 Action Taken: Approval of Menard's Subdivision Item Number: Type of Vote Required: Majority Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report crr o United City of Yorkville Memo + ko 800 Game Farm Road rsr. �t 1836 Yorkville, Illinois 60560 A4 Telephone: 630-553-8545 Qp � p Fax: 630-553-3436 Date: November 9, 2007 To: EDC From : Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: PC2007-38 Menard's 6th Addition Preliminary and Final Plat Request Backeround: The Plan Commission is scheduled to review this request and make a recommendation at the November 14, 2007 meeting. The proposed `6th Addition' is a re-subdivision of Menard' s Commercial Commons Lot 4 which was approved May 14, 2002. Staff Comments: Staff recommends approval of the Preliminary and Final Plat subject to the following conditions: • Provide a note on the plat stating that Lot 1 shall not have direct access to Countryside Parkway other than via the 28' ingress/egress easement already noted/identified on the plat. • Provide an ingress/egress easement along the entire common lot line between Lots 1 and 2. • The property immediately east of Lot 3 is too close to McHugh Road to have its own Countryside Parkway full-access point. There are three full-access points to Countryside Parkway along the frontage of Lot 3. These are spaced at 400-foot intervals, with the easternmost point being about 160 feet west of the east line of Lot 3. An ingress/egress easement should be dedicated on Lot 3 from this point to the eastern lot line for the benefit of the property immediately to the east. See Attachment 1 of this report for the staff recommended easement area. • The existing 15 ' wide utility easement near the Lot 1 Countryside Parkway frontage is for a watermain extension to Menards Commercial Commons, P Addition. Extend this easement to the eastern (Lot 3 side) lot line, and also widened to the north to meet the previously dedicated 10'wide utility easement. 1 �Q � I U4 $ ATTACHMENT1 I tizo 4 a N �6 J N + f � �c I 0 3U a v � ywm � i N FINAL PLAT' OF zsrt. "xuur, uvi,. srznh Eng caasuttana•SBCaulrn+atran • SEC rnamnrcg izv aA..xxi,m w.wuw n.r.+-.a 'MENARDS COMMERCIAL COMMONS SIXTH ADDITION L . , AXC ONn33L4 AhRLA Ar4 Boing'a rasvodUsion of part of Lot 4 of kfenor&3 Canaan ral Commons, a subdtvtshn of part of:Section �:5�7am We-- 2t,: part at the ; Ehj hat of Seolivn 2Z had part:of the North half of Seethe 2$. ?ownshlp S/_Nwilh —' Rvoge > East or the Mird Principal Meridian, to the UnIIed City:of Yer*V11a. 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RliY4W(U A'MAO "NS m r w uw nw ww whn(wr m'r a euxl L'uPw'Pnar m aMro'r w wu `. ca.Pmaw,a CARD are ....�. wrAF ._..,. Aa, Tmr. ttltm .irmr rnwC Vexas TARPS _anr is Sam- Any i,ma mQ xbmra sea mw era CRAFT--- .FINAL PLAY OF mom £.v ..-__.......:._................._ .____......_....-._ :MYiRYMxT. fa'fi?£S RN MENARDIS COMMERCIAL COMMON$ L>a SaSyar 'SIXTH ADDITION b'a'yP bao UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS xEA510Ft5 PVM 9Y: INT. DATE FH0.IEGT W. r. 4Arr DFJtl-W: -. Om a z OSN BY: BAT: HORIZ SCALE 91EET N0. At .cmc ar. nil. rEaT scut: z OF 2. A OLD D c/Tf Reviewed By: Agenda Item Number J= Q ,yam Legal ❑ A esr. leas Finance ❑ 1 _ Engineer ❑ t y Tracking Number City Administrator ❑ p 11 . 20 Consultant ❑ &^DC a0p-4 - 4CI <cE `�� ❑ Agenda Item Summary Memo Title: Integrated Transportation Plan—IDOT Grant Funding Match Request Meeting and Date• EDC/November 20, 2007 Synopsis: See attached report Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See Attached Report ,`t�0 ClT6 United City of Yorkville s 800 Game Farm Road EST. > <. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 ,<kE j4v Date: November 14, 2007 To: Economic Development Committee From: Travis Miller, Community Development Director Cc: Lisa Pickering, Deputy Clerk (for distribution) Subject: Illinois Tomorrow Grant — IDOT/Yorkville Intergovernmental Agreement Request: Funding approval in the amount of $ 10,200 to enable the completion of the United City of Yorkville Integrated Transportation System Plan which will include a Multi-Use Trail System and Downtown Streetscape Element Plan. The $ 10,200 is a local match required to obtain $91 ,800 in federal and state funds awarded to the City by IDOT in 2004. Background In 2004, the Illinois Department of Transportation awarded the City of Yorkville funds to complete an Integrated Transportation Plan to guide the City of Yorkville in planning future transportation facilities as high levels of population growth are experienced. This Plan was to consider community transportation issues, impacts on economic opportunities, protect natural resources and provide improved public access and mobility. The scope of services prepared for The Integrated Transportation System Plan have been designed to achieve the goals set forth by the Illinois Tomorrow Corridor Planning Grant Program and complete the project described by the City of Yorkville when the grant funding was acquired. The Plan includes three components: 1 . Multi-Use Trail System Analysis 2. Multi-Use Trail System Design 3 . Downtown Streetscape Plan 1 Actions required following funding approval: 1. Finalize Scope of Services Attached is a scope of services we have submitted to IDOT to utilize the 111inois Tomorrow Corridor Planning Grant. Based on the attached scope of services, the funding allocations for each Component of the plan would likely break down in the following ranges: $5-7,000 for Component 1 $85-90,000 for Component 2 $8-10,000 for Component 3 These ranges can adjust as necessary as the contract for services is finalized with the service vendor. 2. Consultant Selection The Scope of Services will need to be published and a request for qualifications and proposals by transportation planning firms interested in performing the work. A selection committee will need to be established. Staff would establish a deadline for submittals and post the information on the City's website as well as send notices to transportation planning firms in the area. 2 Illinois Department Intergovernmental Agreement of Transportation Governmental Body Name City of Yorkville Address 800 Game Farm Road City, State, Zip Yorkville, Illinois 60560 Remittance Address (if different from above) City, State, Zip Telephone Number Fax Number FEIN/TN 630-553-8531 630-553-7575 36.6006169 Brief Description of Service (full description specified in Part 5) Funds for this project will be used to conduct a Yorkville Integrated Transportation plan and Fox River Watershed in the city of Yorkville, Illinois. Compensation Method (full details Agreement Term specified in Part 6) From: Execution Flat Rate Total Compensation Amount Advance Pay ❑ Yes To: $91 ,800 ® No June 30, 2011 REQUIRED SIGNATURES By signing below, GOVERNMENTAL BODY and DEPARTMENT agree to comply with and abide by all provisions set forth in Parts 1- 7 herein and any Appendices thereto. FOR THE GOVERNMENTAL BODY: Signature of Authorized Representative Type or Print Name of Authorized Representative Date FOR THE DEPARTMENT: Ellen Schanzle-Haskins, Chief Counsel (Approved as to form) Richard J. Smith, Director, Planning and Programming Ann L. Schneider, Director of Finance & Administration Milton R. Sees, P.E., Secretary of Transportation Date Intergovernmental Agreement Page 1 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 UTIllinois t of Transportation INTERGOVERNMENTAL AGREEMENT FOR INTEGRATED TRANSPORTATION PLAN AND FOX RIVER WATERSHED This Agreement is by and between City of Yorkville Please type or print legibly GOVERNMENTAL BODY'S legal name and address 800 Game Farm Road Yorkville, Illinois 60560 Attn: Bartolomew A. Olson e-mail: bolson@yorkville.il.us hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its Department of Transportation, hereinafter called the DEPARTMENT. Part 1 Scope/Compensation/Term Part 2 General Provisions Part 3 Federally Funded Agreements Part 4 Specific Provisions Part 5 Scope of Services/Responsibilities Part 6 Compensation for Services Part 7 Agreement Award Information PART 1 SCOPE / COMPENSATION / TERM A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY agree as specified in Part 5. B. Compensation. Compensation (if any) shall be as specified in Part 6. C. Term of Agreement. The term of this Agreement shall be from execution to 06/30/2011 . D. Amendments. All changes to this Agreement must be mutually agreed upon by DEPARTMENT and GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties. E. Renewal. This Agreement may not be renewed. Intergovernmental Agreement Page 2 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 2 GENERAL PROVISIONS A. Changes. If any circumstance or condition in this Agreement changes, GOVERNMENTAL BODY must notify the DEPARTMENT in writing within seven days. B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance with the laws of the State of Illinois. Any obligations and services performed under this Agreement shall be performed in compliance with all applicable state and federal laws. C. Non-Appropriation. This Agreement is subject to termination and cancellation in any year for which the General Assembly or the United States Congress fails to make an appropriation to make payments under the terms of the Agreement. D. Records Inspection. The DEPARTMENT or a designated representative shall have access to GOVERNMENTAL BODY'S work and applicable records whenever it is in preparation or progress, and the GOVERNMENTAL BODY shall provide for such access and Inspection. E. Records Preservation. The GOVERNMENTAL BODY shall maintain for a minimum of three years after the completion of the Agreement, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the Agreement. F. Subcontracting/Procurement Procedures/Employment of Department Personnel. 1 . Subcontracting. Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL BODY concerning any of the obligations covered by this Agreement is prohibited without prior written consent of the DEPARTMENT. 2. Procurement of Goods or Services — Federal Funds. For purchases of products or services with any Federal funds that cost more than $2,500.00 but less than the simplified acquisition threshold fixed at 41 U.S.0 403(11 ), (currently set at $100,000.00) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any Federal funds that are in excess of the simplified acquisition threshold fixed at 41 U.S.C. 403(11 ), (currently set at $100,000.00) will require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures Of the DEPARTMENT will be used, provided that the procurement procedures conform to the provisions in Part 3(K) below. The GOVERNMENTAL BODY may only procure products or services from one source with any Federal funds if: (1 ) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. 3 Procurement of Goods or Services — State Funds. For purchases of products or services with any State of Illinois funds that cost more than $10,000.00, ($5,000.00 for professional and artistic services) but less than the small purchase amount set by the Illinois Procurement Code Rules, (currently set at $31 ,300.00 and $20,000.00 for professional and artistic Services) the GOVERNMENTAL BODY shall obtain price or rate quotations from an adequate number (at least three) of qualified sources. Procurement of products or services with any State of Illinois funds in excess of the small purchase amount (currently set at $31 ,300.00 for goods and services and $20,000.00 for professional and artistic services) will Intergovernmental Agreement Page 3 IT— United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 require the GOVERNMENTAL BODY to use the Invitation for Bid process or the Request for Proposal process. In the absence of formal codified procedures of the GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used. The GOVERNMENTAL BODY may only procure products or services from one source with any State of Illinois funds if: (1 ) the products or services are available only from a single source; or (2) the DEPARTMENT authorizes such a procedure; or, (3) after solicitation of a number of sources, competition is determined inadequate. The GOVERNMENTAL BODY shall include a requirement in all contracts with third parties that the contractor or consultant will comply with the requirements of this Agreement in performing such contract, and that the contract is subject to the terms and conditions of this Agreement. 4. EMPLOYMENT OF DEPARTMENT PERSONNEL. GOVERNMENTAL BODY will not employ any person or persons currently employed by the DEPARTMENT for any work required by the terms of this Agreement. PART 3 FEDERALLY FUNDED AGREEMENTS A. Standard Assurances. The GOVERNMENTAL BODY assures that It will comply with all applicable federal statutes, regulations, executive orders, Federal Transit Administration (FTA) circulars, and other federal requirements in carrying out any project supported by federal funds. The GOVERNMENTAL BODY recognizes that federal laws, regulations, policies, and administrative practices may be modified from time to time and those modifications may affect project implementation. The GOVERNMENTAL BODY agrees that the most recent federal requirements will apply to the project. B. Certification Regarding Lobbying. As required by the United States Department of Transportation (U.S. DOT) regulations, "New Restrictions on Lobbying," at 49 CFR 20.110, modified as necessary by 31 U.S.C. 1352 the GOVERNMENTAL BODY's authorized representative certifies to the best of his or her knowledge and belief that for each agreement for federal assistance exceeding $100,000: 1 . No federal appropriated funds have been or will be paid by or on behalf of the GOVERNMENTAL BODY to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress regarding the award of federal assistance, or the extension, continuation, renewal, amendment, or modification of any federal assistance agreement; and 2. If any funds other than federal appropriated funds have been or will be paid to any person to influence or attempt to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any application for federal assistance, the GOVERNMENTAL BODY assures that it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," including information required by the instructions accompanying the form, which form may be amended to omit such information as authorized by 31 U.S.C. 1352. 3. The language of this certification shall be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements). The GOVERNMENTAL BODY understands that this certification is a material representation of fact upon which reliance is placed and that submission of this certification is a prerequisite for providing federal assistance for a transaction covered by 31 U.S.C. 1352. The GOVERNMENTAL BODY also understands Intergovernmental Agreement Page 4 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 that any person who fails to file a required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. Nondiscrimination Assurance. As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity), by Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and by U.S. DOT regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation--Effectuation of Title VI of the Civil Rights Act," 49 CFR Part 21 at 21 .7, the GOVERNMENTAL BODY assures that it will comply with all requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d and 49 CFR Part 21 , so that no person in the United States, on the basis of race, color, national origin, creed, sex, or age will be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination in any program or activity (particularly in the level and quality of transportation services and transportation-related benefits) for which the GOVERNMENTAL BODY receives federal assistance awarded by the U.S. DOT or FTA. Specifically, during the period in which federal assistance is extended to the project, or project property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits, or as long as the GOVERNMENTAL BODY retains ownership or possession of the project property, whichever is longer, the GOVERNMENTAL BODY assures that: 1 . Each project will be conducted, property acquisitions will be undertaken, and project facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 53321 42 U.S.0 2000d and 49 CFR Part 21 , and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. 2. It will promptly take the necessary actions to effectuate this assurance, including notifying the public that complaints of discrimination in the provision of transportation-related services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or FTA, the GOVERNMENTAL BODY assures that it will submit the required information pertaining to its compliance with these requirements. 3. It will include in each subagreement, property transfer agreement, third party contract, third party subcontract, or participation agreement adequate provisions to extend the requirements of 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR Part 21 to other parties involved therein including any subrecipient, transferee, third party contractor, third party subcontractor at any level, successor in interest, or any other participant in the project. 4. Should it transfer real property, structures, or improvements financed with federal assistance to another party, any deeds and instruments recording the transfer of that property shall contain a covenant running with the land assuring nondiscrimination for the period during which the property is used for a purpose for which the federal assistance is extended or for another purpose involving the provision of similar services or benefits. 5. The United States has a right to seek judicial enforcement with regard to any matter arising under the Act, regulations, and this assurance. 6. It will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may request to achieve compliance with the requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR Part 21 . D. Control of Property. GOVERNMENTAL BODY certifies that the control, utilization and disposition of property or equipment acquired using federal funds is maintained according to the provisions of A-102 Common Rule. Intergovernmental Agreement Page 5 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 E. Cost Principles. The cost principles of this Agreement are governed by the cost principles found in Title 48, Code of Federal Regulations, Subpart 31 , as amended; and all costs included in this Agreement are allowable under Title 48, Code of Federal Regulations, Part 31 , as amended. F. Debarment. GOVERNMENTAL BODY shall comply with Debarment provisions as contained in 49 Code of Federal Regulations, Part 29, including Appendices A and B as amended. GOVERNMENTAL BODY Certifies that to the best of Its knowledge and belief, GOVERNMENTAL BODY and GOVERNMENTAL BODY's principals: a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; b) within a three-year period preceding this Agreement have not been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in subsection (b), above; d) have not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. The inability of a prospective GOVERNMENTAL BODY to certify to the certification in this section will not necessarily result in denial of participation in this Agreement. The prospective GOVERNMENTAL BODY shall submit an explanation of why it cannot provide the certification in this section. This certification is a material representation of fact upon which reliance was placed when the DEPARTMENT determined whether to enter into this transaction. If it is later determined that GOVERNMENTAL BODY knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause. The GOVERNMENTAL BODY shall provide immediate written notice to the DEPARTMENT if at any time the GOVERNMENTAL BODY learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction,' "debarred,' "suspended," "ineligible," "lower tier covered transaction," "participant,' "person,' "primary covered transaction," "principal," "proposal," and "voluntarily excluded,' as used in this Part shall have the meaning set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 and 12689. The GOVERNMENTAL BODY agrees that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized, in writing, by the DEPARTMENT. The GOVERNMENTAL BODY agrees that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the DEPARTMENT, without modification, in all lower tier covered transactions and in all solicitations for lower tier Covered transactions. The GOVERNMENTAL BODY may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless GOVERNMENTAL BODY knows the certification is erroneous. GOVERNMENTAL BODY may decide the method and frequency by which it determines the eligibility of its principals. Each GOVERNMENTAL BODY may, but is not required to, check the Non-procurement List. If a GOVERNMENTAL BODY knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation, in addition to other remedies available to the federal government, the DEPARTMENT may terminate this Agreement for cause or default. Nothing contained in this section shall be construed to require establishment of a system of records in order to render in good faith the certification required by this section. The knowledge and Intergovernmental Agreement Page 6 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 information of a GOVERNMENTAL BODY is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. G. Single Audit. The Single Audit Act of 1984 (Public Law 98-502) and the Single Audit Act Amendments of 1996, 31 U.S.C. 7501 et seq. require the following: 1 . State or local governments that receive $500,000 or more a year in federal financial assistance shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. 2. State or local governments that receive less than $500,000 a year shall be exempt from compliance with the Act and other federal requirements. 3. Nothing in this paragraph exempts state or local governments from maintaining records of federal financial assistance or from providing access to such records to federal Agencies, as provided for in federal law or in (OMB) Circular A-133 "Audits of States, Local Governments and Non-Profit Organizations." 4. A copy of the audit report must be submitted to the DEPARTMENT within 30 days after completion of the audit, but no later than one year after the end of the GOVERNMENTAL BODY's fiscal year. H. Drug Free Workplace. The GOVERNMENTAL BODY certifies that it will comply with the requirements of the federal Drug Free Workplace Act, 41 U.S.C.A. 702 as amended, and 49 C.F.R. Part 29, Subpart F, including Appendix C as amended. I. Disadvantaged Business Enterprise Assurance. In accordance with 49 CFR 26. 13(a), as amended, the GOVERNMENTAL BODY assures that it shall not discriminate on the basis of race, color, national origin, or sex in the implementation of the project and in the award and performance of any third party contract, or subagreement supported with Federal assistance derived from the U.S. DOT or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26, as amended. The GOVERNMENTAL BODY assures that it shall take all necessary and reasonable steps set forth in 49 CFR Part 26, as amended, to ensure nondiscrimination in the award and administration of all third .party contracts and subagreements supported with Federal assistance derived from the U.S. DOT. The GOVERNMENTAL BODY'S DBE program, as required by 49 CFR Part 26, as amended, will be incorporated by reference and made a part of this Agreement for any Federal assistance awarded by FTA or U.S. DOT. Implementation of this DBE program is a legal obligation of the GOVERNMENTAL BODY, and failure to carry out its terms shall be treated as a violation of the Agreement. Upon notification by the Federal Government or the DEPARTMENT to the GOVERNMENTAL BODY of its failure to implement its approved DBE program, the U.S. DOT may impose sanctions as provided for under 49 CFR Part 26, as amended, and may in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 , as amended, and/or the Program Fraud Remedies Act, 31 U.S.C. 3801 et seq., as amended. J. Assurance of Nondiscrimination on the Basis of Disability. As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the GOVERNMENTAL BODY assures that, as a condition to the approval or extension of any Federal assistance awarded by FTA to construct any facility, obtain any rolling stock or other equipment, undertake studies, conduct research, or to participate in or obtain any benefit from any program administered by FTA, no otherwise qualified person with a disability shall be, solely by reason of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in any program or activity receiving or benefiting from Federal assistance administered by the FTA or any entity within U.S. DOT. The GOVERNMENTAL BODY assures that project implementation and operations so assisted will comply with all applicable requirements of U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, at seq., and the Americans with Disabilities Act of 1990, as Intergovernmental Agreement Page 7 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 amended, 42 U.S.C. 12101 et seq., and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any applicable regulations and directives issued by other Federal departments or agencies. K. Procurement Compliance Certification. The GOVERNMENTAL BODY certifies that its procurements and procurement system will comply with all applicable third party procurement requirements of Federal laws, executive orders, regulations, and FTA directives, and requirements, as amended and revised, as well as other requirements FTA may issue including FTA Circular 4220. 1E, 'Third Party Contracting Guidelines," and any revisions thereto, to the extent those requirements are applicable. The GOVERNMENTAL BODY certifies that it will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient and each contractor will also include in its subagreements and its contracts financed in whole or in part with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations. L. Intelligent Transportation Systems Program. As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to include any project that in whole or in part finances the acquisition of technologies or systems of technologies that provide or significantly contribute to the provision of one or more ITS user services as defined in the "National ITS Architecture." 1 . As provided in SAFETEA-LU Section 5307(c), 23 U.S.C. 502 note, the GOVERNMENTAL BODY assures it will comply with all applicable requirements of Section V (Regional ITS Architecture and Section VI (Project Implementation) of FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," at 66 Fed. Reg. 1455 et seq., January 8, 2001 , and other FTA requirements that may be issued in connection with any ITS project it undertakes financed with funds authorized under Title 49 or Title 23, United States Code. 2. With respect to any ITS project financed with Federal assistance derived from a source other than Title 49 or Title 23, United States Code, the GOVERNMENTAL BODY assures that is will use its best efforts to ensure that any ITS project it undertakes will not preclude interface with other intelligent transportation systems in the Region. M. Davis-Bacon Act. To the extent applicable, GOVERNMENTAL BODY will comply with the Davis-Bacon Act, as amended, 40 U.S.C. 3141 et seq. , the Copeland "Anti-Kickback" Act, as amended, 18 U.S.C. 874, and the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. 3701 et seq., regarding labor standards for federally assisted subagreements. N. Certifications and Assurances Required by the U.S. Office of Management and Budget (OMB) (SF-424B and SF-424D) As required by OMB, GOVERNMENTAL BODY certifies that it: 1 . Has the legal authority and the institutional, managerial, and financial capability (including funds sufficient to pay the non-federal share of project cost) to ensure proper planning, management, and completion of the project. 2. Will give the U.S. Secretary of Transportation, the Comptroller General of the United States, and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives; 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or Intergovernmental Agreement Page 8 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 personal gain; 4. Will initiate and complete the work within the applicable project time periods; 5. Will comply with all applicable Federal statutes relating to nondiscrimination including, but not limited to: • Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the basis of race, color, or national origin; • Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through 1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 CFR Part 25, which prohibit discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of disability; • The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which prohibits discrimination on the basis of age; • The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq., relating to nondiscrimination on the basis of drug abuse; • The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as amended, 42 U.S.0 4541 et seq., relating to nondiscrimination on the basis of alcohol abuse or alcoholism; • The Public Health Service Act of 1912, as amended, 42 U.S.C. 201 et seq., related to confidentiality of alcohol and drug abuse patient records; • Title VIII of the Civil Rights Act, 42 U.S.C. 3601 of seq., relating to nondiscrimination in the sale, rental, or financing of housing; • Any other nondiscrimination provisions in the specific statutes under which Federal assistance for the project may be provided including, but not limited, to 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age, and prohibits discrimination in employment or business opportunity, and Section 1101 (b) of the Transportation Equity Act for the 21 st Century, 23 U.S.C. 101 note, which provides for participation of disadvantaged business enterprises in FTA programs; and • Any other nondiscrimination statute(s) that may apply to the project. All of the requirements listed in Part 3, paragraphs A through N apply to the federally funded project. The GOVERNMENTAL BODY agrees to include these requirements in each contract and subcontract financed in whole or in part with federal assistance. PART 4 SPECIFIC PROVISIONS A. Invoices. The amount shown on each invoice shall be in accordance with the rates established in Part 6. All non-labor costs, if allowable, shall be listed and itemized as provided in Part 6. Any Invoices/bills Issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this Agreement shall be sent to the following address: Illinois Department of Transportation Bureau of Business Services Attn: Juanita Akers 2300 South Dirksen Parkway, Room 302 Intergovernmental Agreement Page 9 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Springfield, If 62764 All Invoices shall be signed by an authorized representative Of the GOVERNMENTAL BODY. B. Billing and Payment. All invoices for services performed and expenses incurred by GOVERNMENTAL BODY prior to July 1St of each year must be presented to the DEPARTMENT no later than July 31 of that same year for payment under this Agreement. Notwithstanding any other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to GOVERNMENTAL BODY on Invoices presented after said date. Failure by GOVERNMENTAL BODY to present such Invoices prior to said date may require GOVERNMENTAL BODY to seek payment of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No payments will be made for services performed prior to the effective date of this Agreement. The DEPARTMENT will send all payments to the GOVERNMENTAL BODY's remittance address listed in this Agreement. C. Termination. If the DEPARTMENT Is dissatisfied with the GOVERNMENTAL BODY's performance or believes that there has been a Substantial decrease in the GOVERNMENTAL BODY's performance, the DEPARTMENT may give written notice that remedial action shall be taken by the GOVERNMENTAL BODY within seven (7) calendar days. If such action is not taken within the time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7) days written notice to the GOVERNMENTAL BODY. Additionally, the DEPARTMENT may terminate the Agreement by giving thirty (30) days written notice. In either instance, the GOVERNMENTAL BODY Shall be paid for the value of all authorized and acceptable work performed prior to the date of termination, based upon the payment terms set forth in the Agreement. D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be performed as described in Part 5. E. Ownership of Documents/Title to Work. All documents, data and records produced by GOVERNMENTAL BODY in carrying out GOVERNMENTAL BODY's obligations and services hereunder, without limitation and whether preliminary or final, shall become and remain the property of the DEPARTMENT. The DEPARTMENT shall have the right to use all such documents, data and records without restriction or limitation and without additional compensation to GOVERNMENTAL BODY. All documents, data and records utilized in performing research shall be available for examination by the DEPARTMENT upon request. Upon completion of the services hereunder or at the termination of this Agreement, all such documents, data and records shall, at the option Of the DEPARTMENT, be appropriately arranged, Indexed and delivered to the DEPARTMENT by GOVERNMENTAL BODY. F. Software. All software and related computer programs produced and developed by GOVERNMENTAL BODY (or authorized contractor or subcontractor thereof) in carrying out GOVERNMENTAL BODY'S obligation hereunder, without limitation and whether preliminary or final, shall become and remain the property of both DEPARTMENT and GOVERNMENTAL BODY. The DEPARTMENT shall be free to sell, give, offer or otherwise provide said software and related computer programs to any other agency, department, commission, or board of the State of Illinois, as well as any other agency, department, commission, board, or other governmental entity of any country, state, county, municipality, or any other unit of local government, or to any entity consisting of representatives of any unit of government, for official use by said entity. Additionally, the DEPARTMENT shall be free to offer or otherwise provide said software and related computer programs to any current or future contractor. The DEPARTMENT agrees that any entity to whom the software and related computer programs will be given, sold or otherwise offered shall be granted only a use license, limited to use for official or authorized purposes, and said entity shall otherwise be prohibited from selling, giving or otherwise Intergovernmental Agreement Page 10 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 offering said software and related computer programs without the written consent of both DEPARTMENT and GOVERNMENTAL BODY. G. Confidentiality Clause. Any documents, data, records, or other information given to or prepared by GOVERNMENTAL BODY pursuant to this Agreement shall not be made available to any individual or organization without prior written approval by the DEPARTMENT. All information secured by GOVERNMENTAL BODY from the DEPARTMENT in connection with the performance of services pursuant to this Agreement shall be kept confidential unless disclosure of such information is approved In writing by the DEPARTMENT. H. Reporting/Consultation. GOVERNMENTAL BODY shall consult with and keep the DEPARTMENT fully informed as to the progress of all matters covered by this Agreement. I. Travel Expenses. Expenses for travel, lodging, or per diem maybe paid by the DEPARTMENT pursuant to this Agreement. J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any and all losses, expenses, damages (including loss of use), suits, demands and claims, and shall defend any suit or action, whether at law or in equity, based on any alleged injury or damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or the GOVERNMENTAL BODY'S employees, officials, agents, contractors and subcontractors, and shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees, incurred by the DEPARTMENT and its officials, employees and agents in connection therewith. K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The GOVERNMENTAL BODY will comply with the Illinois Human Rights Act with respect to public contracts, including equal employment opportunity, refraining from unlawful discrimination and having a written sexual harassment policy. PART 5 SCOPE OF SERVICE/RESPONSIBILITIES The Department will provide State Planning and Research (SPR) funds to the Governmental Body to conduct a Yorkville Integrated Transportation plan and Fox River Watershed. The study will address community transportation and its impact on economic opportunities, corridor development, public access and protection of the natural resources along the 20-square mile corridor encompassing Illinois Routes 34, 47, 71 and 126; Galena Road, Baseline Road, Caton Farms Road and Kennedy Road in the City of Yorkville; the Fox River and access to Interstates 1-55, 1-80 and 1-88. In order to accomplish this project, the Governmental Body will perform the following tasks: 1 . DATA COLLECTION AND ANALYSIS — The Governmental Body will collect data such as demographics, corridor statistics, traffic maps, orthophotos, land use, and other relevant information from forest district and municipalities; conduct site visits; and evaluate the corridor's present condition. 2. PUBLIC INVOLVEMENT — The Governmental Body will conduct a series of open and continuous public meetings involving local, county and state officials, businesses, land developers, property owners, forest and waterway authorities, the citizens and other Intergovernmental Agreement Page 11 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 stakeholders to present the plan, gather inputs, identify and deliberate issues and formulate a context-sensitive-solution. 3. COORDINATION AND PARTNERSHIP — The Governmental Body will coordinate with the Kendall County Highway Department and the Department's District 1 Office on its plan for road capacity assessments, zoning changes, walking and bicycle paths; establish partnership with waterway authorities, adjacent communities, Kendall County Forest District and the Illinois Department of Natural Resources (IDNR) on its plan affecting the Fox River, wildlife and wetlands; coordinate with land developers on land use management. 4. CONCEPT DEVELOPMENT — The Governmental Body will assess the performance and effectiveness of existing transportation plans; develop specific plans for non-vehicle access, "bike-friendly" streets, pathways and parking areas; enhance land-use design in target corridor including complementary amenities; recommend changes to zoning codes and sign standards; promote the preservation of open space; and build multi-faceted transportation guidelines and policies. Deliverables: final reports and presentations consisting of the following: 1 . City of Yorkville Integrated Transportation plan and Fox River Watershed. 2. Downtown streetscape and pedestrian design. 3. Maps and Graphics. The Governmental Body will provide a copy of the final report to the Department and will provide, upon request, copies of any work products prepared through this Agreement. PART 6 COMPENSATION FOR SERVICES PARTICIPATION: FEDERAL FUNDING THROUGH DEPARTMENT STATE PLANNING AND RESEARCH (SPR) FUNDS $ 81 ,600 80% DEPARTMENT STATE FUNDS $ 10,200 10% FUNDING THROUGH GOVERNMENTAL BODY 10,200 10% TOTAL $102,000 100% Intergovernmental Agreement Page 12 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 PART 7 AGREEMENT AWARD NOTIFICATION REQUIRED FOR ALL PROJECTS Does this project receive Federal funds? ® Yes ❑ No Amount of Federal funds: $81 ,600 Federal Project Number SPR-PL 3000(37) CFDA Number" 20.205 Federal Agency Federal Highway Administration Program Title IL Highway Planning Research Program Amount of Federal funds: $0 Federal Project Number: CFDA Number` Federal Agency Program Title Description: Yorkville Integrated Transportation Plan and Fox River Watershed 'For CFDA (Catalog of Federal Domestic Assistance) Number, refer to original Federal Award/Grant Agreement. ANNUAL CERTIFICATION FOR COMPLIANCE WITH FEDERAL OMB=CIRCULAR AA33 NOTE: ANNUAL COMPLIANCE WITH THIS REQUIREMENT IS MANDATORY FOR EVERY YEAR IN WHICH THE DEPARTMENT REIMBURSES COSTS FOR THIS PROJECT TO ANY STATES LOCAL GOVERNMENTS OR NONPROFIT ORGANIZATIONS. FAILURE TO COMPLY WITH THE ANNUAL CERTIFICATION TO THE DEPARTMENT WILL RESULT IN THE SUSPENSION OF PAYMENTS TO REIMBURSE PROJECT COSTS. In accordance with OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, such non-federal entities that expend $500,000 or more in federal awards in a year are required to have a single audit performed in accordance with OMB Circular A-133. The Illinois Department of Transportation (IDOT) is required by Federal law to obtain and review the single audit of all entities that had any Federally participating funds pass through it, irrespective of the amount provided by [DOT. It is the responsibility of the agencies expending Federal funds to comply with the requirements of OMB Circular A-133 and determine whether they are required to have a single audit performed. Intergovernmental Agreement Page 13 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 In order to comply with this requirement, your agency must provide the following information to the Department on an annual basis for every year in which you receive reimbursement from the Department for costs associated with this project: 1 . If your agency expended $500,000 (or the current OMB Circular A-133 qualifying amount) or more in federal awards from all sources, including other agencies, in a year, you are required to have a single audit performed in accordance with OMB Circular A-133 and submit a copy of the report to the Department within the earlier of 30 days after completion of the single audit or no more than nine months after the end of your fiscal year end. This is an annual requirement for every year in which you receive payments to reimburse costs for this project. 2. If your agency did not expend $500,000 (or the current OMB Circular A-133 qualifying amount) or more in federal awards from all sources, including other agencies, in any fiscal year for which you expend payments from the Department for reimbursement of project costs and were not required to conduct a single audit, you must complete and return the certification statement on the following page. This is an annual requirement for every year in which you receive payments to reimburse costs for this project. 3. If your agency receives multiple awards from the Department, only one annual submittal of this information is required. Please submit a copy of your OMB Circular A-133 single audit or the Single Audit Not Required Certification to: Illinois Department of Transportation Audit Section, Rm. 124 2300 South Dirksen Parkway Springfield, IL 62764 Attn: Julie Brooks The single audit must be comprised of four parts. You have the option of including the four parts in one report or a combination of reports. The four parts are commonly known as: 1 . Comprehensive Annual Financial Report (Financial Statements). 2. Schedule of Expenditures of Federal Awards and Independent Auditor's Report thereon. 3. Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards. 4. Independent Auditor's Report on Compliance with Requirements Applicable to each Major Program and on Internal Control over Compliance in accordance with OMB Circular A-133. Additional information which should be submitted: 1 . Corrective Action Plan(s), if applicable. 2. Management Letter, if applicable. 3. Status of Prior Year Findings, is applicable. For your convenience, you may also submit the information via email to Julie Brooks at Julie.Brooks(a iilinois.gov or via fax at 217/785-7624. If you have any questions, please contact Julie Brooks or me at 217/782-5148. Intergovernmental Agreement Page 14 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 Single Audit Not Required I certify that did not expend $500,000 or more in federal awards in our fiscal year and was not required to have a single audit conducted. (Signature) (Title) Subrecipient Contact Information Subrecipient: City of Yorkville Contact Person: Title: Address: Phone No. IL Fax No. Fiscal Year End: Email address: Intergovernmental Agreement Page 15 IT-United City of Yorkville Integrated Trans Plan Fox River Watershed 08-10 United City of Yorkville Integrated Transportation System Plan Multi-Use Trail System and Downtown Streetscape Element Plan Scope of Services Component i — Multi-Use Trail System Analysis Purpose of Component — To identify the existing system deficiencies and determine the necessary improvements required to complete the City's system as well as prioritize the sequence of these improvements based on certain established criteria. Task 1 — Prepare a map including all multi-use trail facilities (existing and planned) within the United City of Yorkville planning area. - With input from the Parks & Recreation Department and using the current Parks & Recreation Master Plan as a basis, identify the existing trail locations and the preferred locations for fixture multi-use paths within the City's planning area; - Clearly designate the alignment of the multi-use paths by depicting the parcel of land the path should be within and the side of road the path should be on (where applicable); - Identify all locations where the path will cross/conflict with other vehicular traffic on this plan resulting in a `unique' design solution, such as grade separation, special lighting, etc.; Task 2 — Identify criteria to use to prioritize implementation of all un-constructed segments of the Multi-Use trail prepared in Task 1 . This criterion should include, but not be limited to, consideration of estimated construction costs, estimated volume of trail users, connectivity to commercial uses, connectivity to other community's systems, connectivity to schools, connectivity to work places and overall benefit of the segment to the City-wide multi-use trail system. Task 3 — Prepare a Prioritized list of Multi-Use Trail projects - Include perimeters of each project as a `stand alone' project that can be constructed independent of any other segment while providing a benefit to the system; - Include cost estimation for each project including land acquisition (where applicable), design and construction costs; Component 2 — Multi-Use Trail System Design Purpose of Component — To provide preliminary engineered construction documents for the projects identified by Component 1 . Task 1 — Prepare Preliminary Engineering Design for each Multi-Use Trail project identified by Component I -Task 3 above. The number of designs completed under this task will depend on the cost estimate associated with each project. The amount of funds available for this task are limited to the portion of the Illinois Tomorrow Grant allocated for this Component. Preliminary Engineering for each project area should include: • Horizontal alignment (plan and profile); • Cross section design; • Material specifications; • Drainage improvements, as necessary; • Pavement markings; • Path and roadway signage; • Landscaping improvements; • Handicap accessibility compliance; • Erosion Control; • Identify required utility relocations; • Floodplain and wetland locations identified if impacted/effected; • Potential traffic control measures at conflict/crossing locations; • Potential options and areas of potential cost savings, as necessary; • Summary of quantities and engineer' s estimate of probable construction cost; • Traffic control requirements; • Path and roadway lighting; • Design data and criteria; • Narrative on any design issues and variances Component 3 — Downtown Streetscape Plan Purpose of Component — To provide a standard guideline for the pedestrian environment of the downtown area of Yorkville. The product of this component should provide a plan for integrating the multi-use trail system into the downtown area and to provide a guide for all streetscape elements within the downtown area. Task 1 — Downtown Pedestrian System Analysis - Prepare a map depicting the Multi-Use Trail System through the downtown area overlaying the existing downtown pedestrian system. This map should note points of pedestrian destinations, identify primary circulation routes, activity zones, and vehicular conflict areas such as street crossings. - Provide an illustrative narrative describing opportunities to: o increase public safety; o reduce conflict between non-vehicular and motorist traffic; o increase access to downtown for enhancing economic development; o provide/enhance connections to recreational opportunities. Task 2 - Prepare Design Standards for Streetscape Elements. The streetscape elements defined should include all physical components typically housed within the streetscape. These elements should include (but not necessarily limited to): Banners; Lighting; Benches; Bike Racks; Bollards; Trash Receptacles; Tree Grates; Plantings — Street Trees, Planters, Hanging Baskets; Signage and Way Finding; Paving; Stonework. `CEO ClT�, Reviewed By: Agenda Item Number J2 0n Legal ❑ esr 1 �sas Finance F1 Engineer ❑ QL y City Administrator ❑ Tracking Number Sf �O Police ❑ LE `��? Human Resources F-1 Public Works ❑ City Council Agenda Item Summary Memo Title: Newark Boundary Agreement Discussion City Council/COW/Committee Agenda Date: EDC—November 20, 2007 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Discussion Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Memorandum To: Economic Development Committee EST. 1836 From: Bart Olson, Assistant City Administrator o -L®i CC: Travis Miller, Community Development Director 9 r p Date: November 15, 2007 Subject: Newark Boundary Agreement <LE ��• A few weeks ago, Mayor Burd and I met with Mayor Gary Fruland and Village Manager Bob Nordegren of Newark. The purpose of the meeting was to begin exploratory discussions on establishing a boundary agreement with Newark. By the end of the meeting, Newark had drawn a boundary line on the map that was markedly different than both initial proposals I had drawn on the map (attached). Newark' s representatives iterated that they were looking to establish control over the one obvious commercial corridor in their immediate planning area (Route 71 ), and the line as drawn allowed them that. My proposed lines were drawn without much justification — the first was drawn to protect our planning area, and the second was drawn to extend our farthest western boundary south. Due to the facts that the two initial, proposed boundary lines were not at all congruent, and that the City Council and Plan Commission is undertaking comprehensive planning (which will reset our planning boundaries), Mayor Burd suggested we solicit input on the boundary line and planning area from the City Council before further talks with Newark resume. United City of Yorkville GIS y I–• C7_x! ! i,�- l - �Irth Aurora IE. i i.._.._.._ Big Rock i_.. _ i k i •i r••---. ..� f•'s, e }I, ` ii h Aurora ---------J rw VM IJ. 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