Economic Development Packet 2007 12-11-07 e'o cir o United City of Yorkville
'0 800 Game Farm Road
EST , 1986 Yorkville, Illinois 60560
Telephone: 630-553-4350
Fax: 630-553-7575
<CE
AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Tuesday, December 11, 2007
Immediately following Special City Council meeting
City Hall Council Chambers
Presentation:
1. YMCA Partnership Proposal Presentation by Andrew Bobbitt
Minutes for Correction/Approval: October 16, 2007 and November 20, 2007
New Business:
1. EDC 2007-46 Monthly Building Permit Report for October 2007
2. EDC 2007-47 Monthly Building Permit Report for November 2007
3. EDC 2007-48 Monthly Plan Commission Report for November 2007
4. PC 2007-23 Zangler—Annexation Agreement
5. PC 2007-36 Pobol Rezoning
6. PC 2007-38 Menard's 6t' Addition Preliminary/Final Plat
7. PC 2007-37 Blackberry Woods PUD Amendment
8. EDC 2007-49 Walmart/Yorkville Crossing Unit 1 Final Plat—Recording Time
Extension Request
9. EDC 2007-50 Illinois Tomorrow Grant Funding Match ($10,200)
10. EDC 2007-51 Newark Boundary Agreement Discussion
11. EDC 2007-52 Aurora Area Convention & Visitors Bureau—Intergovernmental
Cooperation Agreement Renewal
12. EDC 2007-53 Comprehensive Plan—Planning Area Discussion
Economic Development Committee
December 11 , 2007
Page 2
Old Business:
1 . EDC 2007-34 Banking/Land Use Policy Discussion
2. EDC 2007-38 Sign Ordinance — Update/Discussion
3 . EDC 2007-44 Sycamore Traffic Signal — Update/Discussion
Additional Business:
UNITED CITY OF YORKVILLE
WORKSHEET
ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, December 11 , 2007
Immediately following Special City Council meeting
CITY COUNCIL CHAMBERS
---------------------------------------------------------------------------------------------------------------------------------------
PRESENTATIONS:
1 . YMCA Partnership Proposal Presentation by Andrew Bobbitt
---------------------------------------------------------------------------------------------------------------------------------------
MINUTES FOR CORRECTION/APPROVAL:
----------- ---------------------°---° °---- ------------_....................-..............
-- ° ---------- --- °--
1 . October 16, 2007
❑ Approved
❑ As presented
❑ With corrections
2. November 20, 2007
❑ Approved
❑ As presented
❑ With corrections
-------------- ------- ------------------ ---------------------------------------- -------- -------------------------------
NEW BUSINESS:
----------------------------------- ------------------------------------------- --------------- - ------------- ----------
2. 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
---------------------------------------------------------------------------------------------------------------------------------------
3 . EDC 2007-47 Monthly Building Permit Report for November 2007
❑ 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 6t' Addition Preliminary/Final Plat
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
7. PC 2007-37 Blackberry Woods PUD Amendment
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
----------------------------- ------------------ ------------------------ -------------------------------------------------------------
8. EDC 2007-49 Walmart/Yorkville Crossing Unit I Final Plat — Recording Time Extension Request
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
9. EDC 2007-50 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
---------------------------------------------------------------------------------------------------------------------------------------
10. EDC 2007-51 Newark Boundary Agreement Discussion
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------- -----------------
11 . EDC 2007-52 Aurora Area Convention & Visitors Bureau — Intergovernmental Cooperation Agreement
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------- ----------------------------------------------- ----------------------------------------------------------------------------
12. EDC 2007-53 Comprehensive Plan — Planning Area Discussion
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
OLD BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
1 . EDC 2007-34 Banking/Land Use Policy Discussion
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
----------------- ---------------------------------- ----------------------- - - ---------- -------------------------
2. EDC 2007-38 Sign Ordinance - Update/Discussion
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . EDC 2007-44 Sycamore Traffic Signal — Update/Discussion
❑ Moved forward to COW & CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS :
---------------------------------------------------------------------------------------------------------------------------------------
1.
Reviewed By: Agenda Item Number
J� Q � 0� Legal ❑ N t
1836
EST. Finance ❑
Engineer ❑ Tracking Number
City Administrator ❑
9 �x° 20 Consultant ❑
<LE �V� ❑
Agenda Item Summary Memo
Tide: YMCA Pool Partnership Proposal
Meeting and Date° EDC—December 11, 2007
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Mote Required:
Council Action Requested:
Submitted by: Dave Mogle Parks and Recreation
Name Department
Agenda Item Notes:
=.REV C17%o United City of Yorkville Memo
800 Game Farm Road
EST 777 1998 Yorkville, Illinois 60560
- Telephone: 630-553-4350
9
0
� Fax: 630-553-7575
<LE
Date: November 15, 2007
To: City Couqcil
From: Dave Mogle, 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.
?t
PARKS 6 RECREATTON
Yorkville Parks & Recreation Dept.
2O1 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.
Piano, IL 60545
Dear Andrew,
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,
Dk4e 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
° We build strong kids, strong
TFox v families, strong Communities.
August 15, 2007
a
Mayor Valerie Burd
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Dear Mayor Burd,
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 comer 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 I
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 20091
www.foxvalleyymca.org
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YMCA Mission C A R 1 N G
"To put Christian principles into '
practice through programs that Development«
build a healthy spirit, mind, and
body for all, "
Park and Recreation Board Mission
"To act in unison with the United City of
WRKVIILE Yorkville goals and to enhance the
recreation opportunities for the
residents.
FAR69 & RECREATION
4.4 acre donation of
Land from MPI, LLC
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40,000 square foot
facility
Phase 1
N ccuoi)s'»'G v)' ' center,, aerobics room,
N�,Jds zone, r o� -, �,IO -pa pkose rooms, preschod
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Phase 2
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Phase 3
Will consist of a ia, 5 full court indoor gymnasium
1.5Full Court Gymnasium
Top three facilities and amenities desired by
Yorkville residents, according to the
2003 Park anal Recreation blaster Plan
1 ) Outdoor - g dur Center
2 . IAdoor Pool
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 ".4 3.5 2.E 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
,
. . . led to the t ol low'I "9 H]d[ eas
• Outdoor Aquatics Center r� 1
rr
— Raging Waters ,iJ ,
• Fitness Center & Multi-purpose rooms Q
- Fox Valley Family YMCA
• Indoor Pool
- United City of Yorkville andthe v
Fox Valley Family YMCA
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il
Other iti - that have
partnered with YMCAs
The YMCA's Gig Harbor Aquatic Center just
got bigger! Thanks to a collaboration
with the PenMet Park District and the
City of Gig Harbor, the YMCA of Tacoma-
Pierce County expanded its construction plans
it }I - to include an aquatic complex.
A
The West Family YMCA and Boise City Aquatic
Center was built in 1995. This facility is a
unique partnership between the YMCA and
,'. I
the City of Boise. The Aquatic Center is owned
I
by the City and is operated by the YMCA.
V-
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 acjj ,- atic enter usage as was
done with the outdoor pool
® Residents pay same price as YMCA members
for all aquatics programs
R
12
Primary Funding 0 ",Pjo-
Per Belly bast of Chapman & Cutler LLP
Through an alternate bond wlth
repayment from City's opera d n
budget over 20 years
Wouid not count towards the city's debt
limit
hE' y'y
are a
EST. 7
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Neither the YMCA or the City Gan
alll'c) rd to both WwHd and run a po6 of
this k�' nd . . .
" Teamwork clivides the task and
doubles the success.
zv Orrin Woodward
" The whole 15 greater than the sum
Of its parts. //
Russell L, Adcofif
14
Let"s give Yor it le
the peel they want anci
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EST. B36
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Page 1 of 6 RAF
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:
L 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.
Z EDC 2007-4I 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 Lary 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.
Carle 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.
Larry 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, ComBd 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 Comeils 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:
1. 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 291h 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
Page 1 of 1 RAFT
UNITED CITY OF YORKVILLE
ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, November 20 2007, 7pm
Council Chambers
In Attendance:
Committee Members
Alderman Gary Golinski,
Alderman Joe Besco
Other City Officials:
Community Development Director Travis Miller
Parks & Rec. Director David Mogle
Other Guests:
See guest list
The meeting was cancelled by Vice-Chairman Gary Golinski at 7:24pm due to lack of a
quorum.
Respectfully submitted by
Marlys Young, Minute Taker
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Memorandum
To: EDC
EST. 1636 From: Travis Miller, Community Development Director
W
CC: Brendan McLaughlin, City Administrator
9 p Lisa Pickering,Deputy Clerk
�`,C� Date: November 15,2007
'<4E Subject: Plan Commission Actions November 14, 2007 REVISED
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.
PC 2007-38 Menards Commercial Commons 6`" Addition
Motion to approve Preliminary Plan and Final Plat of subdivision subject to all staff
comments.
9 ayes; 0 no
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.
`,(0,D C/Ty Reviewed By: Agenda Item Number
Legal ❑ 1. V i_'i i ,N l' >`.> ft✓_)
EST. I1836 Finance
EST. ❑
1 Engineer L1-� _— Tracking Number
Q q City Administrator ❑
Consultant ❑ PC 2007-23
Agenda Item Summary Memo
Title: Zangler Property
Meeting and Date: EDC/December 11,2007
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
$`QED crr United City of Yorkville Memo
9 " 800 Game Farm Road
EST. ,ass Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
kE
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
Background:
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-I 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 s _
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- 10' Requested Addition
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- Requested 30'Sanitary Easement ` Y
– Requested Mul1t-Use Trail Alignment
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Field Code Changed
REV. -9/27/07
Rev. 11/13/07
Rev. 11/30107
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it
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 bearing regarding the requested zoning and
conceptual site plan on October 10, 2007. City Council conducted the public hearing on _ - Deleted: "
the annexation agreement on October 23, 2007._------------------------------------------------------------ Deleted: "
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 his_Annexation Agreement subject to the --------------terms and Deletes: SxecD6Dn
- Deleted: the
provisions ereof, and the zoning and development of the SUBJECT_PROPERTY as ___._I Deleted: Dfthis Agwmmt
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
,with one single family residence. Deleted: consisdngof
(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.
It is the desire of the-CITY and the OWNERS that the develo ment and `----- Deleted: si) Each party agrees that a substantial
an
"'-"""-'--"-"-'- -"-__"'--------"" '""'"�--_-h-------------� impact will be Placed on the services of the United
City of Yorkville and other governmental agencies
use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with by development of said real property.¶
(iv) The SUBJECT PROPERTY is contiguous to
the corporate boundaries of the CITY.¶
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 Mended_public hearings the Plan Commission and the_ City _ Deleted: had
Deleted: with
Council„_-____ ----------------------------------- -----------------------------------_ — Deleted: ,
Deleted: and priorto the execution hereof notice
NOW, THEREFORE, in consideration of the foregoing preambles and mutual was duty published and a public heating was held to
consider this Agreement, as required by the statutes
of the State of Illinois in such case made and
covenants and agreements contained herein, the Parties hereto agree to enter into this provided.
Agreement and to supplement the Petition &P Annexation and drawings submitted l,.-- Deleted: and
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:
1 . 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.
The parties acknowledge that the OWNERS will be required to subdivide the
property in accordance with the Plat Act in order to annex only a portion of the subiect
property to the Yorkville Bristol Sanitary District. The Owners shall submit their
application the subdivision process within 90 days after the annexation is approved
which will comply with the requirements of R-1 zoning or a variance must be sought. It
is agreed that the subdivision will contain one buildable lot and the remaining portion of
the land shall not be eligible for a building permit.
In the event the Owners desire to re-subdivide the property at a later date, any
further subdivision of the land into buildable lots will require annexation of the re-
subdivided lot or lots as the case may be into Yorkville Bristol Sanitary District.
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
apart 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.
9. 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:
(1) If to OWNERS: Tony and Nicole Zangler
946 Ogden Avenue
Downers Grove, IL60515
--- --- Fax:
with copies to: I Law Offices of Dallas C. Ingemunson, P.C.
226 S. Bridge Street
Yorkville, Illinois 60560
I Attention: Gregg Ingemunson
Fax: (630) 553-795_8
(II) i� If to CITY: United City of Yorkville
'Attn: City Clerk
800 Game Farm Road
1 Yorkville, M 60560
Fax: (630) 553-7575 j
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. Severabilitv. 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 the laws of the State of Illinois. This-]----- Deleted: and nliaofscomofed stzmtes
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. CountMarts. 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
i
i
Nicole Zangler
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
i
i
By:
I Title: Mayor
Attest:
Title: City Clerk
I
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
\,QED C/r` Reviewed By: Agenda Item Number
J� u „ Legal ❑ IvE'N T _+-.ilV c:'r , t4 -
A Finance ❑
EST. , _ 1836
Engineer ❑ Tracking Number
� +� City Administrator El 9 °a =O' Consultant ❑ PC 2007-36
<<E �VV
Agenda Item Summary Memo
Title: Pobol Property
Meeting and Date: EDC/December 11, 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
United City of Yorkville IVlelno
800 Game Farm Road
EST I 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
LEc®yam®=o
Date: December 4, 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 reviewed the request at the November 14, 2007 meeting and
recommended re-zoning to Estate District Zoning Classification for the property with a
vote of 9 ayes and 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.
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.
1
The Comprehensive Plan Land Use Plan recommends Office/Research/Industrial north of
the subject property based upon the planned Prairie Parkway alignment and future
intersection with Route 71 .
The Comprehensive Plan Land Use Plan recommends Estate Neighborhood south of the
subject property.
The property to the west was annexed to the City in September 2006 and rezoned to A- 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
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® The United City Of Yorkville 5 Ine lI I nne
800 Game Farm Rtl. COMPREHENSIVE PLAN gunyle! FebTuC,is mes
Yorkville.IL 60560 UNITED CITY OF YORKVILLE
630 553-4350 lu rv:us,
Pobol Property — Aerial/Context Exhibit
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Parcel Oata and Aerial Photography "Regnester"toaeler mine accuracy,tlmellness,completeness.antl Yae�
Provided ey Kendall County GIS appropriateness of its use.The United City of Yorkville makes no a
warranties,expressed or hoplied to the has of the Data.
Pobol Property — Existing Zoning Exhibit
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Parcel Data and Aerial Photography "Requester"to determine accuracy,timeliness,completeness,and
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 C/ry Reviewed By: Agenda Item Number
J�
0.0 Legal ❑
1896
EST. ' I � Finance ❑
Engineer ❑ Tracking Number
y City Administrator ❑
9 Na 20' Consultant ❑ PC 2007-38
Agenda Item Summary Memo
Title: Menard's 6`h Addition
Meeting and Date• EDC/December 11, 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
���ED caT® United City of Yorkville Memo
A 6 M1 '" 800 Game Farm Road
EST. tV 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
w Fax: 630-553-3436
E
Date: December 4, 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
Background:
The Plan Commission reviewed this request at the November 14, 2007 meeting and
Motion to approve Preliminary Plan and Final Plat of subdivision subject to all staff
comments (as listed below on this report) with a vote of 9 ayes and 0 no.
The proposed `61h 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.
o 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.
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Agenda Item Summary Memo
Title: Blackberry Woods PUD Amendment
Meeting and Date• EDC/December 11, 2007
Synopsis: Request for PUD Agreement Amendment
Council Action Previously Taken:
Date of Action: July 12, 2005 Action Taken: PUD Agreement Approval
Item Number:
Type of Vote Required: Majority
Council Action Requested: Amendment Approval
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
See Attached Report
® United City of Yorkville Memo
AM 800 Game Farm Road
EST. �2I 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
®<LE
Date: December 4, 2007
To: Economic Development Committee
From: Travis Miller, Community Development Director
Cc: Lisa Pickering, Deputy Clerk (for distribution)
Subject: PC2007-37 Blackberry Woods PUD Amendment Request
Background:
The Planned Unit Development agreement for this property was approved July 12, 2005
and recorded May 18, 2006. This agreement provided the property with PUD zoning
with both R-2 and R-4 provisions.
Exhibit `B" of the agreement lists the Zoning Ordinance variations granted as part of this
PUD (Attachment 1 of this report) as approved in 2005.
The petitioner is requesting to amend Exhibit "E" to include (Attachment 2 of this report
explains each request):
- A Front Yard Setback of 25 ' in the R-4 District. The R-4 requirement is 30' .
S ' variation.
- A Lot Coverage Ratio of 40% in the R-4 District. The R-4 requirement is
30%. 10% variation.
The Plan Commission conducted a public hearing and reviewed this request November
14, 2007 and 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 with a vote of 9 ayes and 0 no
Staff Comments:
The R-4 Zoning District area includes Lots 50- 132 of the Blackberry Woods PUD
(Attachment 3 of this report).
Front Ward Set Back Request
Staff verified there are no utilities or infrastructure concerns with the dwelling
units being 5' closer to the street right-of-way in this development.
1
Staff recommends requiring a minimum 30' Rear Yazd Setback in the R-4
area (removing item 4 from Exhibit "E") to provide wider rear yard areas. The
Petitioner stated at the Plan Council Review a willingness to maintain a
minimum 30' Rear Yard Setback for the R-4 units.
Lot Ratio Increase Request
Staff has discussed the Plan Commission recommendation with the petitioner
and explained, in terms of administering a variance on 50% of the `ranch
style" units in a development that is planned to include other styles of units
will require the petitioner to either
• predetermine the lots that will be used for ranches and identify which
lots will exceed 30% in order for staff to confirm this amount is less
than 50%; or
• understand that permits will only be issued for ranches exceeding 30%
coverage if the same number of ranches at (or under 30%) have been
approved.
- The petitioner is willing to pre-determine the lots to receive the lot coverage
variance. This approach isn't consistent with the Plan Commission motion,
however, it does ensure the amount of lots to exceed 30% coverage not to
exceed 50% of the lots zoned R-4. The petitioner will present a map
depicting these lots at the 12/11/07 meeting for EDC review and
consideration.
- The excess lot coverage will result in more building mass in the development
and less open space between the dwelling units. Staff recommends an exhibit
be added to the PUD Agreement as part of this amendment depicting the
minimum architectural design standards for these units.
2
ATTACHMENT 1
LIST OF r
A H g�IO g pr
S
1. Lot sizes in the R-4 District may be less than the 9,000 square feet minimum, but
shall be at least 8,160 square feet.
2. Lot widths in the R-4 District may be less than the 70 feet minimum, but shall be
at least 65 feet.
3. Side yards in the R-4 District may be less than the 10 feet minimum, but shall be
at least 7 feet.
4. Rear yards in the R-4 District may be less than the 30 feet minimum, but shall be
at least 25 feet.
5. Side yards in the R-2 District may be less than the 10 feet minimum, but shall be
at least 9 feet.
i
6. Block length of North Carly Circle may be more than the 1320 feet maximum,
and shall be approximately 1 ,600 feet.
7. Length between streets may be less than the minimum of 400 0 and shall be at
I
least 300 feet.
39
`l
ATTACHMENT 2
5. State the items to be amended from the existing annexation or PUD agreement.
Front Yard Setback
We request that the front yard setback be amended from 30' to 25' for lots zoned R-4.
This would move the house forward 5', allowing more room in the rear vard_ This
issue was brought to our attention with a ranch style home that we are currently
constructing. Certain floor plans, such as ranch floor plans or a first-floor master
floor plan, are deeper than the traditional two story floor plan_ These deeper floor
plans then take up more of the space in the rear yard, due to the current front yard
setback.
By allowing the 25' front yard setback, the house will sit on the lot with better
balance. Currently, the front yard is too large, and the back yard is small and
confining when using the deeper floor plans. A 25' front yard setback will allow
vehicles to be parked in the driveway without impeding the sidewalk. In addition,
this amendment will not affect any public utilities.
Lot Coverage Ratio
It is also requested that the Lot Coverage Ratio be changed on R-4 lots from 30% to
40%. This is due to the construction of ranch style home plans and first floor master
plans, on the smaller sized lots. The foot-print of these plans require more area on the
lot than a two-story plan requires. It has always been our intent to primarily construct
ranch plans or first floor master bedroom plans on these lots to meet the market's
needs. We did not consider the need to request this variance at the time of the
annexation agreement. However, we recently submitted a building permit in which
this issue was brought to our attention.
It has been our mission for the R-4 lots (Villa lots at Blackberry Woods) to provide a
good sized home, without compromising on room size, to be targeted toward families
wanting to downsize from their current home and stay within the Yorkville
community. Over the past 15 years of business, we have come to understand what
size a room needs to be in order to be functional while not being cramped.
Therefore, in order to build a home with all rooms being an adequate size, we are
requesting this variance.
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Agenda Item Summary Memo
Title: Yorkville Crossing Unit 1 —Time Extension for Recording Request
City Council/COW Agenda Date: December 11, 2007
Synopsis: Request to extend the time period to record a final plat following
Preliminary Plan approval from the December 31, 2007 extension approved in
August 2007 to May 31, 2008
Council Action Previously Taken:
Date of Action: August 22, 2007 Action Taken: Preliminary Plan Approval
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval of time extension for recording of Yorkville Crossing
Unit 1 Final Plat from December 31, 2007 to May 31, 2008
Submitted by: Travis Miller Community Development
Name Department
Agenda Item Notes:
Subdivision Control Ordinance Section 5.02.05 states a Preliminary Plan approval is tentative
only and requires a fmal plat to be recorded within 12 months of Preliminary Plan approval
unless an extension is approved by City Council. An extension was approved allowing an
extension to December 31, 2007.
DInnkerBidd(e UaidwrCarton
Kathleen T.Cunningham
Associate
(312)569-1219 Direct
. (312)569-3219 Fax
Kathleen.C u nning h am @dbc com
December 6, 2007
„,..,I.,,,,I,.,..,,!, VIA ELECTRONIC AND OVERNIGHT MAIL
tmiller@yorkville.il.us
Mr. Travis Miller
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Re: Yorkville Crossing Unit 1 (Wal-Mart) Final Plat("Final Plat")
Client-Matter No. 188394.381021
I
Dear Travis:
On behalf of Wal-Mart, I would like to request a further extension of the time to
record the Final Plat up to and including May 31, 2008. 1 understand that this request
will be scheduled for the December 11 Economic Development Committee meeting and
the December 18 Committee of the Whole and City Council meetings. Please do not
hesitate to contact me if you have any questions or need further information. Thank you.
Very truly yours,
Katie Cunningham
i
cc: Adele Lucas (via email)
Steve Nikel (via email)
Michelle Taglavore (via email)
Paul Bertie (via email)
Elizabeth Williams (via email)
('1102,22SI 393.1
`,QED c/% Reviewed By: Agenda Item Number
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Finance R
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Agenda Item Summary Memo
Title: Integrated Transportation Plan—IDOT Grant Funding Match Request
Meeting and Date: EDC/December 11, 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
�14s�® no® United City of Yorkville
a ^` 800 Game Farm Road
EST. 1836 Yorkville, Illinois 60560
Telephone: 630-553-8545
Fax: 630-553-3436
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/Yorkvillc 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 Illinois
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
United City of Yorkville
Integrated Transportation System Plan
Multi-Use Trail System and Downtown Streetscape Element Plan
Scope of Services
Component 1 — Multi-Use Trail System Ar alysis
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 I — 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 future 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 1 -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:
o Horizontal alignment (plan and profile);
o Cross section design;
o Material specifications;
o Drainage improvements, as necessary;
o Pavement markings;
o Path and roadway signage;
o Landscaping improvements;
o Handicap accessibility compliance;
o Erosion Control;
o Identify required utility relocations;
o Floodplain and wetland locations identified if
impacted/effected;
o Potential traffic control measures at conflict/crossing locations;
o Potential options and areas of potential cost savings, as
necessary;
o Summary of quantities and engineer's estimate of probable
construction cost;
o Traffic control requirements;
o Path and roadway lighting;
o Design data and criteria;
o 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.
Illinois Department Intergovernmental agreement
of TransDortation
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 FEINTTIN
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:
$9100 ® 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 Schanzie-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
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UVIllinois 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.
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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 cast 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
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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
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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. 5332,
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 parry 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.
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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
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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, et seq., and the Americans with Disabilities Act of 1990, as
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amended, 42 U.S.C. 12101 at 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
4220.1111 '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 at 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 at 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
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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 et 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
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Springfield, 11 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 BODYS 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? M 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 A-133
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 IDOT. 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 Auditors 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)illinois.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
2`.1k D C/ry Reviewed By: Agenda Item Number
J T Legal ❑ NeW &GINES& #10
Finance ❑
EST '� 1836 Engineer 1:1-��_ Tracking Number
F-101 y City Administrator F]
Consultant ❑
<LE ��'� ❑
Agenda Item Summary Memo
Title: Newark Boundary Agreement Discussion
Meeting and Date• EDC—December 11,2007
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:
CITy
o� Memorandum
To : Economic Development Committee
EST _ lass From: Bart Olson, Assistant City Administrator
® CC: Travis Miller, Community Development Director
Date: November 15, 2007
Subject: Newark Boundary Agreement
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.
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1836
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City Council Agenda Item Summary Memo
Title: Aurora Area Convention and Visitor's Bureau Intergovernmental Agreement
Amendment
City Council/COW/Committee Agenda Date: EDC—Dec. 11, 2007
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: Move forward to COW and CC on Dec. 18a'.
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
Zo o-AN Memorandum
To: Economic Development Committee
EST 1836 From: Bart Olson, Assistant City Administrator
O� r® � N CC: Brendan McLaughlin, City Administrator; Travis Miller,
Q Community Development Director
Date: December 6, 2007
ie Subject: Aurora Area Convention and Visitor's Bureau Intergovernmental
Agreement Renewal
Our intergovernmental agreement with Aurora, Batavia, Plano, Sandwich, Big Rock,
Montgomery, North Aurora and Sugar Grove for the Aurora Area Convention and Visitor's
Bureau will expire on December 15, 2007. The Bureau coordinates tourism, convention and
travel activities for the involved municipalities. In turn, each municipality levies a 3% tax on the
renting, leasing, and letting of rooms in hotels within the municipality.
The Bureau' s staff has forwarded an extension to the agreement which is up for
consideration at this meeting and attached to your packet. I have also attached the text of the
original agreement from 1987. This agreement has since been amended to extend the agreement
four times for terms of five years each. Someone from the Bureau will be present at the meeting
to discuss the Bureau's value to the City and answer questions. For the elected officials that
receive an EDC packet, I have included the Bureau' s most recent promotional booklet. There
are additional promotional booklets available at City Hall.
It is staff's recommendation to forward the agreement amendment to COW and City
Council for approval.
FIFTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS FIFTH AMENDED INTERGOVERNMENTAL COOPERATION AGREEMENT
("Fifth Amendment') made effective the 15th day of December, 2007, by and between the
cities of Aurora (hereinafter "Aurora"), Batavia (hereinafter 'Batavia"), Plano (hereinafter
`Plano"), Sandwich (hereinafter "Sandwich") , and Yorkville (hereinafter "Yorkville") and the
Villages of Big Rock (hereinafter 'Big Rock"), Montgomery (hereinafter "Montgomery") ,
North Aurora (hereinafter "North Aurora"), and Sugar Grove (hereinafter "Sugar Grove"),
all municipal corporations of the State of Illinois (sometimes individually referred to herein
as a "Municipality" and collectively referred to herein as the "Municipalities").
WITNESSETH :
WHEREAS, effective December 15, 1987, Aurora, North Aurora, Sugar
Grove and Montgomery, executed an Intergovernmental Cooperation Agreement
(hereinafter 'Intergovernmental Agreement'), which was subsequently joined by
Oswego and Yorkville, for a five-year term beginning on December 15, 1987 and
ending on December 15, 1992; and
WHEREAS, effective December 15, 1992 , the Intergovernmental Agreement
was amended extending the term from December 15 , 1992 through December 15,
1997, with the exception of North Aurora, which only agreed to extend the term from
December 15, 1992 through December 15, 1995; and
WHEREAS, effective December 15, 1995, a Second Amended
Intergovernmental Agreement was executed for the sole purpose of North Aurora
agreeing to extend the term of the Intergovernmental Agreement from December
15, 1995 through December 15, 1997; and
WHEREAS, effective December 15, 1997, a Third Amended
Intergovernmental Agreement was executed by the Municipalities extending the
term thereof from December 15 , 1997 through December 15, 2002, which was
subsequently joined by Plano; and
WHEREAS, effective December 15, 2002, a Fourth Amended
Intergovernmental Agreement was executed by the Municipalities referenced
therein extending the term thereof from December 15, 2002 through December 15,
2007, which was subsequently joined by the City of Batavia , City of Sandwich and
the Village of Big Rock; and
WHEREAS, the Municipalities have agreed to a Fifth Amendment to the
Intergovernmental Agreement extending the term thereof for five (5) years from
December 15, 2007 through December 15, 2012.
1
NOW, THEREFORE, the Municipalities, in consideration of the mutual
covenants and agreements of the parties, do hereby and herein agree as follows:
1 . That the term of the Intergovernmental Agreement shall be extended for five
(5) years from December 15, 2007 through December 15, 2012 as between all of the
Municipalities.
2. That except as set forth in this Fifth Amendment, the Intergovernmental
Agreement shall remain in full force and effect as originally executed by the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Fifth Amendment to
be executed by their appropriate officers effective as of the date first above written.
CITY OF AURORA, a Municipal
corporation
ATTEST:
City Clerk Mayor
VILLAGE OF NORTH AURORA, a
Municipal corporation
ATTEST:
Village Clerk Village President
VILLAGE OF SUGAR GROVE, a
Municipal corporation
ATTEST:
Village Clerk Village President
VILLAGE OF MONTGOMERY, a
Municipal corporation
ATTEST:
Village Clerk Village President
UNITED CITY OF YORKVILLE, a
Municipal corporation
ATTEST:
z
City Clerk Mayor
VILLAGE OF BIG ROCK, a Municipal
corporation
ATTEST:
Village Clerk Village President
CITY OF PLANO, a Municipal
corporation
ATTEST:
City Clerk Mayor
CITY OF SANDWICH , a Municipal
corporation
ATTEST:
City Clerk Mayor
CITY OF BATAVIA, a Municipal
corporation
ATTEST:
City Clerk Mayor
3
OCT 12 ' 92 11 : 08 DSH&T LAW FIRM
P . 2/4
TER QVERNMFN'TAL CUOMATIO1N AGRREMM
THIS IN17ERGOVERNMENT'AL COOPERATION AGREEMENT made the L= ' + day
of Oc 14 1992 by and between the cities of Aurora (hereinafter "Aurora") and
Yorkville (hereinafter "Yorkville") and the Villages of North Aurora (hereinafter "North Aurora"),
Sugar Grove (hereinafter "Sugar Grove"), Montgomery (hereinafter "Montgomery") and Oswego
(hereinafter "Oswego "), all municipal corporations of the State of Illinois (sometimes collectively
referred to herein as the "Municipalities") .
wvi rTN7 8$E71`Hi
WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 and the
Intergovernmental Cooperation Act (III.Rev.Stat. 1989, Ch. 127, par. 741 et seq.) allow
governing bodies to enter into agreements involving a variety of authorized projects; and
WHEREAS, Aurora has a population of more than 25,000 persons and is, therefore,
a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution
of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs for the protection of the public
health, safety, morals and welfare; and
WHEREAS, North Aurora, Sugar Grove, Montgomery, Oswego and Yorkville are
municipalities authorized by Section 8-3-14 of the Illinois Municipal Code (111.Rev.Stat.
19892 Ch. 24, par_ 8-3-14) to exercise the powers and functions hereinafter described; and
WHEREAS, the Aurora Area Convention and Tourism Council, an Illinois general
not-for-profit. corporation (hereinafter "AATC") has since December 15, 1987 utilized a
certain funding plan bereinbelow described for the purposes of expanding participation in
a program of travel, convention and tourist bureau activities; and
WHEREAS, said program, in conjunction with the Greater Aurora Chamber of
Commerce and State fund matching, has been determined to be in the great interest of the
citizens of the Municipalities for its many advantages to economic development, continued
area revitalization and increased social prosperity; and
WHEREAS, Aurora, North Aurora, Sugar Grove and Montgomery on December 152
1987 entered into an Intergovernmental Cooperation Agreement (hereinafter
"Intergovernmental Agreement"), which was subsequently joined by Oswego and Yorkville
and which by its terms is to expire on December 15, 1992; and
1
EEEW-
OCT is
' 92 11 : 08 LSH&T LAW FIP.M P . 3/4
WHEREAS, the Municipalities desire to extend the Intergovernmental Agreement
as set forth herein;
NOW, TEIEREFORE, the Municipalities, in consideration of the below stated mutual
covenants, do each hereby and herein agree as follows:
1 . Each of the Municipalities herein shall initiate all proceedings necessary to the
adoption of, modification of existing ordinances, if necessary, and shall thenceforth adopt, an
appropriate ordinance imposing a tax in the nature and of the type described in Section 8-3-14 of
the Illinois Municipal Code, whether authorized by Constitutional home rule powers or the authority
of said Section, as applicable, to wit: a tax upon all persons engaged in such municipality in the
business of renting, leasing or letting room in a hotel, as defined in "The Rotel Operators'
Occupation Tax Act" (Ili.Rev.Stat 1989, Ch. 120, par. 481b.31 et seq.).
2. Said taxes shall be imposed under conditions and provisions in the nature and of the
type described by said Section 8�3-14, regardless of imposition authority applicable hereinunder,
except as otherwise herein specified.
1 Said taxes shall be at a rate of 3 % of the gross rental receipts as further described
and conditioned by said Section 8-3-14.
4. The revenues from said taxes shall be devoted to the promotion of tourism and
conventions or otherwise to attract non-resident overnight visitors, by the following disbursement:
a minim=um of 90% of all revenues shall be given over to AACTC and the remaining amount of
up to 10% shall be individually retained by the taxing Municipalities.
5. This Intergovernmental Cooperation Agreement shall continue in full force and effect
for a period beginning on the 15th day of December, 1992 and expiring on the 15th day of
December, 1997.
2
P . 4/4
' OCT 12 ' 32 11 : 09 DSH«T LAW FIRM -
r!
IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental
Cooperation Agreement to be executed by their appropriate officers as of the date first above
written.
CITY OF AURORA, a Municipal corporation
ATTEST:
City Clerk Mayor
VILLAGE. OF NORTH AURORA, a
Municipal corporation
A i ITIRST:
Village Clerk Village President
VILLAGE OF SUGAR GROVE, a
Municipal corporation
ATTEST:
Village Clerk Village President
VILLAGE OF MONTGOMERY, a
Municipal corporation
ATTEST:
Village Clerk Village President
CITY OF YORKVILLE, a Municipal
• co ration
ATTEST: EL Lit AlLei 112
Coy Clerk Mayor
VII LAGE OF OSWEGO, a Municipal
corporation
ATTEST:
Village Clerk Village President
C41 Reviewed By: Agenda Item Number
J= � °
\r" Legal F1 N 6W bustN 6SS
��Ql i�
� 1836 Finance ❑
EST. 1 ___--
Engineer ❑
� — Tracking Number
I� to City Administrator ❑
9 � =O Consultant ❑
<CE ?� F-1
Agenda Item Summary Memo
Title: Comprehensive Plan-Planning Area Boundary Discussion
Meeting and Date: EDC/December 11, 2007
Synopsis: Discussion to determine appropriate Planning Area. As the Comprehensive Plan is updated in 2008,
the planning area boundary depicted by the current Comprehensive Plan includes areas that have
been annexed by Montgomery and does not include areas Yorkville has expanded beyond through
annexations since 2005. This boundary will need to be modified to address this and any other
issue/area City Council deems appropriate.
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 maps for discussion purposes:
- Regional Map(northeastern Illinois region)
- Surrounding municipalities and their planning areas(where known)
- School District#115
$91 36 N
11 50 2 R cane 4
63 75 32 WE
r 36 15
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Note:Boundaries for Newark Districts 66118 and Minooka Districts
2011111 are incomplete due to a lack of data for the entire district.
Yorkville District 115 is complete.
Yorkville #115 & Surrounding ac The Data is provided without warranty or any representation of
curacy,timeliness,or completeness.It is the responsibility of the
"Requester"to determine accuracy,timeliness,completeness,and
appropriateness of its use.The United City of Yorkville makes no
School Districts warranties,expressed or implied,to the use of the Data.
United City of Yorkville GIS
`QED C/l` Reviewed By: Agenda Item Number
_ °
Legal ❑ � I
EST. Finance F-1 1 Engineer ❑ Tracking Number
< y City Administrator ❑
O It
9 O Consultant ❑ c� f
Agenda Item Summary Memo
Title: Bank/Financial Institution Land Use Policy/Discussion
Meeting and Date• EDC/December 11,2007
Synopsis: Discussion to determine appropriate language for policy related to the limitation of
bank/financial institution locations.
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 draft policy language
United City of Yorkville
Financial Institution Location Policy
Background:
Currently banks, credit unions and savings and loans associations are permitted in the O Office,
B- 1 Limited Business, B-2 General Business, B-3 Service and B-4 Business Zoning Districts as a
permitted use. For the purposes of this policy statement, when we are referring to a financial
institution we not include drive-up ATM pedestals or small accessory uses in a large retail outlet.
Drive through facilities for financial institutions do not require a Special Use Permit. As with all
other non-residential developments, financial institutions do have to go through a formal site
plan approval process.
In recent years large numbers of financial institution "branch" facilities have become a
characteristic of this commercial use. Currently we have eight financial institutions in the City of
Yorkville with one building a new building. Three new financial institutions are under
construction. All of them are either in the Route 47 or Veteran's Parkway corridors and are either
zoned B-3 or B-4.
In recent years a number of communities in the Chicago region have enacted various land use
controls relating to the location and design of financial institutions.
Financial Institution Location Policy
• Financial institutions shall not be located at the corner of two collector or higher
classification of streets;
• Financial Institutions should be located 500' from each other;
• Financial Institutions should be limited to B-3 or B-4 Zoning Districts;
• Financial Institutions should require a Special Use Permit;
• Financial institutions with drive through facilities should require a Special Use Permit for
the drive through facilities;
• No more than one financial institution should be allowed in each commercial
development;
• No more than 20% of the building area of should be allowed for a financial institution(s).