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City Council Packet 2006 03-28-06 �a o United City of Yorkville ° 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 4 �j Telephone: 630-553-4350 9 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Revised March 24,2006 Tuesday,March 28,2006 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, April 3, 2006 6:30 p.m., Tuesday, April 11, 2006 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, April 27, 2006 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, April 6, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, April 13, 2006 City Hall Conference Room Presentations: None City Council Meeting Agenda March 28, 2006 Page 2 Public Hearings: 1. Herb and Pam Kleinwatcher and Old Second National Bank Trust 8051,petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 9.81 acres located on Route 47 South of Legion Road and north of Ament Road, Kendall Township, Kendall County, Illinois. 2. Kendall Creek Development LLC,petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 141.31 acres south of Route 126, east of Rt. 47, north of Ament Road, and west of Ashley Road,Kendall Township,Kendall County, Illinois. Citizen Comments: Consent Agenda 1. ADM 2006-21 Monthly Treasurer's Report for January 2006 2. ADM 2006-22 Resolution Appointing IMRF Authorized Agent-authorize Mayor and City Clerk to execute 3. PS 2006-05 Maintenance Proposal for Fire Alarm System at City Hall/Police Station-award to Thomas Alarm Systems in an amount not to exceed$690.00 and authorize Mayor to execute 4. PW 2006-42 Water Department Report for January 2006 5. PW 2006-43 Bruell Street Pump Station—Change Order#3 -authorize reduction in an amount not to exceed$38,879.00 and City Engineer to execute 6. PW 2006-44 Contract A.2a. (Cannonball Booster Station)and Contract C.5 (South PRV Station)—Change Order#3 -authorize reduction in an amount not to exceed$13,800.00 and Mayor to execute 7. PW 2006-48 Grande Reserve (Rt. 34 Improvements)—Bond Reduction#1 -authorize reduction in an amount not to exceed$426,287.33 8. PW 2006-49 Southwest Interceptor(Contract 1)—Change Order#1 -authorize reduction in an amount not to exceed$11,940.00 and Mayor to execute 9. PW 2006-53 Kylyn's Ridge Unit 1 —Earthwork Letter of Credit Reduction 42 - authorize reduction to Old Second Bank Letter of Credit No. 15317 in an amount not to exceed$33,4 79.96 10. PW 2006-54 Kylyn's Ridge Unit 2—Earthwork Letter of Credit Reduction#2 - authorize reduction to Old Second Bank Letter of Credit No. 15470 in an amount not to exceed$7,020.50 11. PW 2006-55 Raymond Regional Storm Sewer—Suen Easement-authorize Mayor and City Clerk to execute 12. PW 2006-45 Countryside Parkway(East Kendall to Center Parkway)—MFT Resolution-authorize City Clerk to execute City Council Meeting Agenda March 28,2006 Page 3 Consent Agenda (con't) 13. PW 2006-47 IDOT Joint Agreement—Route 126 Relocation at Route 71 -authorize Mayor and City Clerk to execute a. Resolution for Improvement by Municipality -authorize Mayor and City Clerk to execute b. Ordinance for the Addition to the City Street System, a Portion of Former Illinois 126,to serve as a Frontage Road to Newly Realigned Route 126 Located in the Northwest Quadrant of the Relocated Illinois 71 and 126 Intersection- authorize Mayor and City Clerk to execute c. Ordinance for Appropriation of Funds for Roadway Lighting and Utility Casing at Illinois 126 and 71 Intersection-authorize Mayor and City Clerk to execute d. Ordinance Regulating Parking in the Vicinity of the Illinois 71 and 126 Intersection- authorize Mayor and City Clerk to execute e. Ordinance Regulating Encroachment on Public Right of Way -authorize Mayor and City Clerk to execute 14. PW 2006-50 Resolution Establishing Water Meter Fees-authorize Mayor and City Clerk to execute 15. PW 2006-40 Resolution Approving Agreement with Sente-Rubel-Bosman-Lee Architects,Ltd for Conceptual Design Services for Parks Maintenance and Administrative Facility—authorize Mayor and City Clerk to execute 16. ADM 2006-25 Ordinance Amending City Code Title 1 —Administration, Chapter 6—Municipal Officers and Employees Regarding Appointment of Officers and City Departments -authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—February 28,2006 Minutes of Committee of the Whole—February 7, 2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,284,035.11 (vendors) $ 171,920.37 (payroll period ending 3/4/06) $ 1,455,955.48 (total) Reports: Mayor's Report: 1. Coffee with the Mayor: April 1s`at State Street Mortgage, 691 N. Bridge St. from 9:00 - 11:00 am. 2. ADM 2005-20a. Ordinance Establishing Special Service Area Number 2005-108 (Autumn Creek) 3. ADM 2005-20b. Ordinance Providing for Issuance of Special Service Area Number 2005-108 Special Tax Bonds, Series 2006 (Autumn Creek) City Council Meeting Agenda March 28, 2006 Page 4 Mayor's Report(con't): 4. Ordinance to Set a Date for a Public Hearing on the Proposed Downtown Tax Increment Financing Redevelopment Project Area and to Approve a Public Notice for the Hearing 5. PKBD 2006-02 Resolution Approving Agreement with Schoppe Design Associates,Inc. for Professional Services for Grande Reserve Park D 6. ADM 2006-21 Health Insurance/Benefit Renewal City Council Report: 1. Resolution Adopting Sponsorship Policy City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks &Recreation Report: Community Development Director Report: Community&Liaison Report: 1. Library Expansion Project Update Committee Reports: Public Works Committee Report: 1. PW 2006-52 Heartland Circle—Acceptance of Storm Sewer and Sanitary Economic Development Committee Report: 1. No Report. Public Safety Committee Report: 1. PS 2006-07 Ordinance Amending Ordinance 2005-095 Amending City Code Title 6—Traffic,Regarding Overnight Parking and Restrictions on Parking of Commercial Vehicles 2. PS 2005-09 Ordinance Amending City Code, Title 3,Business;Chapter 3 Liquor Control Regarding New Classification(Gift Basket Sales) Administration Committee Report: 1. ADM 2005-14 Ordinance Amending City Code Title 1 —Administration, Chapter 6—Municipal Officers and Employees Regarding Section 1-6-5, Salaries 2. ADM 2006-24 Salary Increases for the Next Fiscal Year(Cola/Merit) City Council Meeting Agenda March 28,2006 Page 5 Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006 [PUBLIC WORKS; Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ECONOMIC DEVELOkk _ Committee Departments Liaisons Chairman: Alderman Munns Planning&Building &Zoning Chamber of Commerce Committee: Alderwoman Burd Business& Economic Dev. Kendall County Econ.Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock MINISTRATIO Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock "-HOC: TECHNOL GO _ Committee Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock 02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER R 002/011 STATE OF ILLINOIS } ss. January 16, 2006 COUNTY OF KENDALL ) Revised February 9, 2006 February 13,2006 ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE Of OLD SECOND BANK TRUST #8051 THIS AGREEMENT is made and entered into this_day of , 2006 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as"CITY"), and OLD SECOND BANK TRUST # 8051, of Kendall Township, Kendall County, Illinois(hereinafter referred to as "OWNERS"); (Tax I.D.#05-09-300-003 &05-09-300-009). WITNESSETH WHEREAS, OWNERS are the OWNERS of land which lies South and West of and contiguous to the existing corporate limits of the CITY, and which said real property is more particularly described in the attached Exhibit"A",which is incorporated herein by reference and; which is not located within the corporate boundaries of any other municipality; and WHEREAS,OWNERS desire to annex the said real property described into the CITY, its Plan Commission has considered the Petition to Annex,and the City Council has heretofore both requested and approved the proposed Annexation,Land Use, and the zoning of the same at the request of OWNERS and the CITY; and -1- 02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER 16003/011 WHEREAS, OWNERS have presented, and the CITY has considered, the tract, of real property herein described in the attached Exhibit"A"in order to make said real property a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner, and WHEREAS, OWNERS and their representatives have discussed the proposed Annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a Public Hearing was held by the City Council to consider this Agreement, as required by the Statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 TLCS 5/11-15.1-1 through 51.1-5 (2004), inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law,the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CTIY relating to the procedure for the authorization, approval and execution of this Annexation agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants -2- 02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER 2 004/011 herein contained, the parties agree, to the terms and authority provided in 65 ILCS 5111-15 through 65 ILCS 5/11-15.1-5 (2004), as amended, as follows: 1. A. ANNEXATION AND ZONING. The CITY shall adopt an Ordinance Annexing to the CITY all of the real property described herein in the attached Exhibit"A'; depicted in the attached Exhibit`B"Annexation Plat, attached hereto and incorporated herein by referenced; and the CITY in said ordinance shall zone the real property designated in the attached Exhibit "A"subject to the further terms of this Agreement(B-3 Service Business District Zoning Ordinance and R-2 Residential District Zoning Ordinance.) Said zoning shall allow the uses, size,density, area, coverage, and maximum building heights as set forth on Exhibit"C" for(B-3 Service Business District) and as time to time modified by the CITY. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1 through 65/ILCS 5/11-15.1-5 (2004), and in accordance with the City Subdivision Control and Zoning Ordinances. B. (i)That in addition to the uses permitted above in the B-3 Service Business District), as the western area of the subject property as described in Exhibit"D"shall be permitted to be used for all R-2 Residential District as provided in the Zoning Ordinance in the event OWNERS are unable to develop that portion of said property within_years of Execution of this Annexation Agreement by the United City of Yorkville, and any uses as time to time approved in that class by the CITY. (ii) In the event OWNERS desire to modify said Flex Zoning and develop the real property described in the attached as Exhibit"D". C. The OWNERS, and successors, heirs, and assigns hereby agree that prior —3— 02/27/2006 12:20 FAX 630 553 5704 DANIEL J. KRAMER [a 005/011 to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the City Council of the United City of Yorkville; or that said real property shall be,subdivided according to CITY Ordinances if multiple lots are sought, 2. CITY'S AGREEMENTS. A. The CITY agrees that due to the nature of the non-residential use and zoning classification of a portion of the parcel described in Exhibit"A"and Exhibit"D", OWNERS has no obligation to pay School Transition Fees or Land-Cash Fees for the portion of the subject parcel described in Exhibit"A"and Exhibit "D"which is used for the purpose provided under the CITY B-3 Business District. B. OWNERS agrees that School Transition fees to the Yorkville School District shall be paid per residential dwelling unit in said subdivision as required by City Ordinance at the time of a residential zoning class being granted upon the issuance of a building permit for each residential dwelling unit; and Development fees per residential dwelling unit to the CITY, and other fees to the CITY in conformance with the City Ordinances or as modified by the CITY. Said School Transition fees, development fees, and other fees shall be paid per residential dwelling unit concurrent with and prior to the issuance of each respective subject residential dwelling unit building permit. Said fees are being paid voluntarily and with the consent of OWNERS and Developer based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNERS and Developer knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property zoned and used for business, office, or manufacturing purposes under the terms of —4— 02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER (,�j. 006/011 this Agreement, C. OWNERS shall be allowed one free Sanitary Sewer Tap to the CITY Sanitary Sewer Mains (up to 6"when available); and one free Water Main Tap to the CITY Water mains(up to 2" when available), and a meter therefore as to the real property described in the attached Exhibit"A". Nothing contained herein shall waive any Recorded Recapture Agreement payments which may be required to be paid upon hooking up to CITY Water and Sanitary Sewer Main and which appear of Record if any are applicable as to the subject property being within any Recapture Service Area; or any fees charged by other governmental agencies. D. CITY agrees to rebate to the OWNERS within 30 days of the presentation of the paid Real Estate Tax Bill to the City Treasurer,the CITY'S portion for the CITY and Library Real Estate Taxes as to the subject parcel. This will take place and be paid by the CITY until the property is developed,by reason of a building permit being issued, upon a Final Plat of Subdivision being recorded for any portion of the subject real property,whichever occurs first. E. . OWNERS shall not be required by CITY to hook-on to the CITY Water or Sanitary Sewer System at the time of entering into this Annexation Agreement, but may do so upon their desire to obtain those services,when available to the subject property. F. Upon annexation, the OWNERS will receive police protection, 911 service and library service as provided by CITY. G. The CITY will not require the OWNERS to annex to Yorkville Bristol Sanitary District or other applicable sanitary district, until platting or application for a building permit seeking to hook up to the CITY sewer system is sought by OWNERS. Property OWNERS agrees to cooperate with other entities to formulate a separate agreement to allow for —5— 02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER 2 007/011 contiguity of other properties to a Sanitary District if requested. H. OWNERS shall be permitted to continue their existing agricultural uses on the subject real property as a legal non-conforming uses until the subject real property is developed. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNERS and its successors and assigns shall have the right to sell, transfer,mortgage and assign all or any part of the subject property and the improvements thereon to other persons, trusts,partnerships, firms, or corporations, for investment,building, financing,developing and all such purposes, and that said persons,trusts, partnerships, firms, or corporations shall be entitled to the same rights and privileges and shall have the same obligations as OWNERS under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all of the parties will make every reasonable effort, including the calling of special meetings,to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 5. COVENANTS AND AGREEMENTS. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this —6— 02/27/2006 12:21 FAX 630 553 5784 DANIEL J. KRANER fa008/011 Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY,its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. 6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid, addressed as follows: If to the City: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J.Kramer, City Attorney 1107A S. Bridge Street Yorkville, IL 60560 To OWNERS: Herb&Pam Kleinwatcher 1201 Game Farm Rd. Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. S. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to —7— 02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER a 009/011 secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement, 10. The CITY shall rebate the Real Estate Taxes for any year that farming has occurred for the entire year and will cease upon the development taking place on the subject real property. —S- 02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER 16010/011 IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this day of 200—. UNITED CITY OF YORKVILLE Kendall County, Illinois By: Arthur F. Prochaska, Jr., Mayor Attest: City CIerk OWNERS: Old Second Bank Trust#8051 By: HERBERT KLEIN WACHTER, as Trustee under TR#8051 PAMELA KLEINWACHTER,as Trustee under TR#8051 Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —g- 02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER ia 011/011 EXHIBIT LIST Exhibit A Legal description for entire parcel Exhibit B Annexation Plat Exhibit C B-3 Service Business District Zoning Ordinance and uses Exhibit D B-3 zoned area legal description Exhibit E R-2 zoned area legal description Exhibit F R-2 Single Family Residential District Zoning Ordinance and uses —10— STATE OF ILLINOIS ) DRAFT 3-6-06 )SS COUNTY OF KENDALL ) ANNEXATION AGREEMENT OF KENDALL CREEK DEVELOPMENT,LLC AND THE UNTIED CITY OF YORKVILLE (HUDSON LAKES SUBDIVISION) This Annexation Agreement (hereinafter "Agreement"), is made and entered into this_day of ' 2006, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY", and the owner of record KENDALL CREEK DEVELOPMENT,LLC,(Hereinafter"OWNER"). WITNESSETH WHEREAS, OWNER owns fee simple title to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 141.3 acres, more or less (hereinafter "PROPERTY"); and WHEREAS, it is the desire of OWNER to provide for the annexation of the PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time as an R-2 Single Family Residence District; and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and WHEREAS, it is the intent of OWNER to design a stormwater management system for the PROPERTY that is in conformance with City Ordinances; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation and zoning all as required by the provisions of the CITY's Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNER and CITY agree that upon Annexation to the CITY the PROPERTY shall be placed in a R-2 Single Family Residence District, as set forth in the Preliminary Plat attached hereto and incorporated herein by reference as Exhibit 'B'; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5 (2002), inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the PROPERTY and to provide for various other matters related directly or indirectly to the annexation of the PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2002) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: 1. ANNEXATION. OWNER has filed with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 et seq. (2002) to annex the PROPERTY and any adjacent roadways not previously annexed to the United City of Yorkville. CITY agrees to adopt any necessary ordinances to annex said PROPERTY as soon as reasonably practical. 2. ZONING. A. Contemporaneously with the Annexation of the PROPERTY, the CITY shall adopt an Ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel R-2 Single Family Residence District. B. The CITY and OWNER agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, and from time to time amended as, the same shall be applied to the property as duly passed by the UNITED CITY OF YORKVILLE. C. Preliminary Plat. The CITY hereby approves the Preliminary Plat attached hereto as Exhibit `B", prepared by Smith Engineering Consultants dated 2006. 2 3. ANNEXATION TO SANITARY DISTRICT. A. OWNER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkville Bristol Sanitary District. B. OWNER shall cause the PROPERTY to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the PROPERTY and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the PROPERTY. The sanitary sewer mains constructed by OWNER for each Phase of Development which are eighteen(18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol, subject to their approval, and Yorkville-Bristol shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the city s acceptance thereof, which acceptance shall not be unreasonably denied or delayed. CITY agrees to allow connection of the PROPERTY to the sanitary sewer lines adjacent to the PROPERTY until such time as the proposed Southeast Interceptor is available at the property line of the PROPERTY. The OWNER agrees to cooperate with the City regarding the Southeast Sewer Interceptor project. The OWNER is permitted to temporarily connect to the Rain Tree Village Sewer System that is tributary to the Commonwealth Edison interceptor, however, once the southeast interceptor has been constructed, the property will be permanently connected to the southeast interceptor. The City represents that the sewer lines and the sanitary system presently have the capacity to service the property and the City will provide that sanitary sewer capacity for purposes of serving the property. In the event the OWNER advances the cost for the design work necessary for the southeast interceptor, the City would credit the OWNER, its successors or assigns for sewer connection fees that would be charged to the users on this property at the time that those sewer connection fees would be due. 4. WATER The CITY shall provide adequate potable water in sufficient quantities and pressure to serve the needs of the PROPERTY. The potable water connection shall occur at the northwest comer of the property at the eastern edge of the development commonly known as Rain Tree Village. The OWNER agrees to provide easements for water utilities as may be necessary. The OWNER may be required to provide an easement on the property at a location to be determined by the CITY engineer if a pressure reducing value is required to service the property. 5. DONATIONS AND CONTRIBUTIONS. 3 A. The OWNER shall pay School Transition fees per residential dwelling unit in said PROPERTY as voluntarily agreed to by OWNER to the Yorkville Community School District #115; City Development fees of Two Thousand Eight Hundred and no/100 Dollars ($2,800.00) per residential dwelling unit shall be paid by OWNER at the time of building permit issuance; the per unit Municipal Building Fee in effect at time of Final Plat approval payable at Final Plat recording, as well as other published fees to the CITY in conformance with City Ordinances or as modified herein, including but not limited to City Reimbursement of Consultants and of Review Fee Ordinances, Municipal Building Fees, City Land-Cash Ordinance, and other such fees to the CITY in conformance with the City Ordinances or as modified from time to time herein. Said Transition,Development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective single-family building permit. Said fees are being paid voluntarily and with the consent of OWNER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. OWNER shall pay Two Thousand Dollars ($2,000.00)per residential dwelling unit in the PROPERTY as a road impact fee. Said road impact fee may be reduced in accordance with the terms of this Annexation Agreement. C. OWNER shall pay all school and park land-cash fees or provide land dedication as required under the present City Ordinances at the election of the CITY. 1. OWNER agrees to dedicate to the City a Site at the location and acreage amount as shown on the Preliminary Plat attached hereto and incorporated herein by reference as Exhibit "B", for which OWNER shall receive a park donation credit in equal amount to the park site and proposed trail system. 2. OWNER agrees to dedicate to the City Yorkville Community School District #115 a School Site at the location and acreage amount shown on the Preliminary Plat attached hereto and incorporated by reference as Exhibit "B", for which OWNER shall receive a school site donation credit equal to the amount of the school site. 3. CITY agrees to accept ownership of and to forever maintain the proposed trail system within the PROPERTY. 4. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 5. Any contributions for Land/Cash for Schools and/or Parks not satisfied by land donations shall be made up with cash contributions for the difference in value or in kind improvements within the parks and/or construction of bicycle paths. D. In the event the CITY requires OWNER to oversize water mains, sanitary sewer mains, storm sewer lines, or other improvements such as roads that benefit other 4 properties, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER before OWNER is required to perform any oversizing or additional road improvements. E. Upon annexation, police protection, 911 service, and library service will be provided by the City at no charge to the OWNER. F. The OWNER shall pay a Fire District Fee of One Thousand Dollars ($1,000.00)per home. One half of said fee ($500.00 per unit) shall be due and payable for the first phase of the development in a lump sum at the time of final plat recording. The balance for additional phases, if any, shall be paid at the building permit stage. The OWNER shall pay the Library Fee of Five Hundred Dollars ($500.00) per home. One-half of said fee or Two Hundred Fifty Dollars ($250.00) per unit shall be due and payable for the first phase of the development in a lump at the time of final plat recording. The balance for additional phases,if any, shall be paid at the building permit stage G. [Intentionally deleted] H. The CITY shall not require the OWNER to donate any land or money to the CITY or any other governmental body, except as otherwise expressly provided in this Agreement. I. Notwithstanding the provisions of this Annexation Agreement, the only fees that are due and owing the CITY are those fees set forth in Exhibit "C" attached hereto and incorporated herein by reference. 6. SECURITY INSTRUMENTS. OWNER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") on the standard forms of the City and as long as said instruments meet the CITY requirements, to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The OWNER shall have the sole discretion as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Security for construction of perimeter roadways and onsite improvements may be dedicated, constricted, and/or bonded as independent Phases of Development at the sole discretion of the OWNER. The City shall determine the timing of the construction of independently phase improvements. 7. PROCEDURE FOR ACCEPTANCE OF PUBLIC MPROVEMENTS AND 5 OFFSITE ROAD IMPROVEMENTS. The public improvements constructed as a part of the development of each phase of development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following OWNER'S completion thereof for each phase of development in compliance with the requirements of said ordinance; and the City Engineer shall make his recommendation to the City Council not later than thirty (30) days from the date of OWNER'S request for approval of any public improvements. 8. OVERSUING. In the event OWNER is required to oversize and/or deepen any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNER within 30 days of any other parcel of real property connecting to said improvements, for OWNER'S costs of oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event OWNER seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture with the requisite Public Hearing being held and requisite recapture ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNER and including the service area effected. In the event any said oversizing is required,the CITY and OWNER agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. The Recapture Agreement shall not include the cost of any OWNER oversight of construction. OWNER agrees to hold the CITY harmless and indemnify the CITY from any liability as a result of any recapture imposed. 9. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including without limitation those pertaining to subdivision controls, zoning, storm water management, drainage, and building code requirements, (so long as they do not affect the City's International Standards Organization (ISO) insurance rating), and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development if universally applied to all property in the CITY, shall also apply to the PROPERTY for a period of five (5) years from the date of this Agreement, otherwise such ordinances, regulations and codes shall apply to the PROPERTY after a period of five (5) years from the date of this AGREEMENT. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said five (5) year period. Any Agreements, repeal, or additional regulations that are subsequently enacted by the CITY shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said five (5) year period. After said five (5) year period,the PROPERTY and its development will be subject to all ordinances,regulations and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, 6 provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved on the Preliminary Plan for the PROPERTY, alter or eliminate any of the ordinance variations, modifications or departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, and applicable generally within the CITY and not specifically to the PROPERTY, such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however, that any so-called "Grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. Furthermore, provided that the amended regulation is applicable and enforced generally and uniformly in the CITY. Nothing herein shall be construed as to prevent OWNER from contesting or challenging any such mandate of any superior governmental authority in any way legally possible, including, without limitation, by challenging such mandate on its face or as applied to the PROPERTY in any administrative or judicial forum having jurisdiction at OWNER's sole cost. Notwithstanding any of the terms or provisions of this Agreement, however, no change, modification or enactment of any ordinance, code or regulation so long as they do not affect the CITY'S ISO insurance rating, shall be applied during said five (5) year period so as to: (i) affect the zoning classification of the PROPERTY or any Parcel or Phase thereof; (ii) affect the city's Bulk Regulations, including,but not limited to, setback,yard height, FAR and frontage requirements; (iii) affect the uses permitted under the Zoning Ordinances of the CITY specified in this Agreement; (iv) interpret any CITY ordinance in a way so as to prevent OWNER or its assigns from developing the PROPERTY or any Parcel or Phase thereof in accordance with this Agreement and the exhibits attached hereto. Except as modified by the previous sentence and the provisions hereof or other terms and provisions of this Agreement, OWNER, shall comply in all respects with the conditions and requirements of all ordinances of the CITY, applicable to the PROPERTY and all property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to the annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their application to similarly situated and zoned lands, then OWNER, at its election, shall be entitled to application of such less restrictive ordinances,regulations and/or codes to the PROPERTY and any parcel or phase thereof. OWNER and all successor owners of the PROPERTY or any parcel or phase thereof shall be entitled to take advantage immediately of any subsequently adopted amendments to the CITY'S ordinances, regulations,resolutions and/or codes that establish provisions that are less restrictive than the provisions of the CITY S current codes in effect as of the effective date of this Agreement so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the intent of the parties relative to the development of the PROPERTY or any parcel or phase thereof. In the event of any conflict between the provisions of this Agreement (including the exhibits hereto), and the ordinances, codes, regulations and resolutions of the CITY, the provisions of this Agreement (and the exhibits hereto) shall control over the provisions of any ordinances, codes,regulations and resolutions of the CITY. 10. RECAPTURE. 7 See Paragraphs 5 D and 8 above. 11. FEES AND CHARGES. During the first four (4) years following the date of the Agreement, the CITY shall impose upon and collect from OWNER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "C". At the expiration of this four year term, the CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 12. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the PROPERTY, OWNER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. OWNER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite sign may be illuminated subject to approval by the CITY. 13. MODEL HOMES,PRODUCTION UNITS. SALES TRAILERS. During the development and build out period of the PROPERTY (subsequent to final plat approval), OWNER, and such other persons or entities as OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the PROPERTY staffed with OWNER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for the PROPERTY. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by the OWNER. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol Kendall Fire Protection District). A final inspection shall be conducted prior 8 to the use of a model home and water shall be made available within 150' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. OWNER may locate temporary sales and construction trailers upon the PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within one (1) week following issuance of the last temporary permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer OWNER shall submit an exhibit of the sales trailer site with landscaping and elevations for the City's approval. OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each phase. 14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by the OWNER for development purposes. Said trailers may remain upon the PROPERTY until the issuance of the last temporary occupancy permit for the PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way or permanent easements. 15. ONSITE EASEMENTS AND EUPROVEMENTS. In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of OWNER's obligation for the PROPERTY in accordance with the Preliminary Plan,the CITY shall fully cooperate with the OWNER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be home by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY as reflected on the Preliminary Plan and in this Agreement, the CITY shall fully cooperate with the OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement,the OWNER shall pay for the cost of design and relocation of any 9 such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER,the CITY agrees to be the lead agency in the relocation of those utilities. Upon the OWNER's request, the CITY will make the request to have overhead utilities relocated and will make the relocation of such utilities a CITY run project. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. The CITY hereby grants any necessary variances to the CITY subdivision and/or Improvement ordinances as they relate to street block lengths in order to conform with the proposed Preliminary Plat. The CITY agrees to allow up to four feet (4) of bounce in any wet stormwater management facility. 16. MASS GRADING AND PLAN REVIEWS. A. Pursuant to the existing CITY ordinances on the date of execution of this Agreement, a Soil Erosion Control Permit will be issued after preliminary plat approval to allow OWNER to commence earth work after the permit is issued and after OWNER posts any necessary bond for said work with the CITY prior to the commencement of said earth work. OWNER shall comply in all respects with all applicable Illinois EPA regulations and the CITY's Soil Erosion and Sediment Control Ordinance. B. The CITY shall review all grading and construction plans within 30 days of their submittal to the CITY. 17. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 18. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the OWNER of the PROPERTY and/or future owners and/or developers of the PROPERTY. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party of this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure 10 shall notify in writing, by certified mail/return receipt requested, the parry alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded.Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney John J. Wyeth 800 Game Farm Road Yorkville, IL 60560 OWNER: Yorkville Farms Development,LLC 16501 South Parker Road Homer Glen, IL 60491 OWNER'S James Olguin ATTORNEY: Goldstine, Skrodzki,Russian,Nemec& Hoff, Ltd. 835 McClintock Drive, Second Floor Burr Ridge, Illinois 60527-0860 Telephone(630) 655-6000 Facsimile (630) 655-9808 20. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 21. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning,variations and plat approvals proposed herein. 22. GENERAL PROVISIONS. 11 A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and 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 OWNER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER 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. Terms and Conditions. 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. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. E. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively.thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. F. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY,whether improved or unimproved. G. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise 12 after the execution of this Agreement. H. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER. 1. 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. J. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County, Illinois, at OWNER'S expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. 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. N. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the city's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY,and OWNER, including, but not limited to,county, state or federal regulatory bodies. 23. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE By: MAYOR Attest: CITY CLERK 13 RECORD OWNER: KENDALL CREEK DEVELOPMENT,LLC BY: 14 EXHIBITS EXHIBIT "A" Legal Description of Property EXHIBIT "B" Preliminary Plat EXHIBIT "C" Fee Schedule 15 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION ESTABLISHING WATER METER FEES WHEREAS,the City Council of the United City of Yorkville has considered establishing Water Meter Fees; and WHEREAS,the Public Works Department has provided the City Council with information regarding the appropriate price to be paid for Water Meter Fees, concluding with the Water Meter Fee Schedule which is attached hereto and incorporated herein as Exhibit"A", and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the United City of Yorkville hereby adopts the Water Meter Fee Schedule attached hereto and incorporated herein as Exhibit"A". The Fee Schedule shall apply to all water meters upon passage of this Resolution. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 EXHIBIT "A" WATER METER FEE SCHEDULE ATTACHED ON THE FOLLOWING PAGE United City of Yorkville Water Meter Fee Schedule Meter Size Price 5/8" x 3/4" $390.00 3/4" x 3/4" $435.00 1" $485.00 1-1/2" $790.00 2" $2,800.00 3" $3,550.00 4" $5,420.00 6" $8,875.00 All meters complete with appropriate couplings, gaskets, and flange kits. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING AGREEMENT WITH SENTE-RUBEL-BOSMAN-LEE FOR PROFESSIONAL SERVICES WHEREAS,the City Council of the United City of Yorkville has considered approval of an agreement with Sente-Rubel-Bosman-Lee for Professional Services for a Conceptual Design for Parks Maintenance and Administrative Facility; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and WHEREAS,the agreement shall be for and amount not to exceed$24,000 for the Conceptual Design, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Agreement in the form set forth in Exhibit"A" is hereby approved, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL RAFT - - OF THE UNITED CITY OF YORKVILLE KEND ALL COUNTY H.LINO HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,FEBRUARY 28.2006. Mayor Prochaska called the meeting to order at 7:05 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milscbewski called the roll. Ward I James Present Leslie Present Ward 11 Burd Present Wolfer Present Ward III Bock Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Treasurer Powell.Interim City Administrator Crois, City Attorney Wyeth,Police Sergeant Hart,Director of Public Works Dhuse,Finance Director Pleckla m,Community Relations Manager Spies and Community Development Director Miller. OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staffand guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska requested that the City Council postpone the vote on the municipal impact fee for two weeks. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,March 6,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,March 23,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,March 2,2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M.,Thursday,March 9,2006 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee T.B.A. PRESENTATIONS Protect Kendall Now Brook McDonald with the Conservation Foundation and representing the Protect Kendall Now Group thanked the United City of Yorkville for its support and participation in the Protect Kendall Now Initiative. The project was started about six months ago and one of the first projects,a map compiling all the open space and watershed plans into one,will be completed in the next month. He presented Mayor Prochaska with a plaque of appreciation. Richard Korinek Mayor Prochaska,along with Park Board members,presented Richard Korinek with a plaque in appreciation for his service on the Park Board. The Minutes of the Reeular Meetine of the City Council—February 28.2006—parr¢2 2005 Annual Report - Mayor Prochaska presented the Annual Service Report for 2005(see attached).He highlighted the following report items: • Per the audit,the City's General Fund increased last year in the amount of$245,000.00. As of January 1,2006,the General Fund has a reserve of about 41.59%. The City is required by ordinance to keep a reserve of 15%to 25%. He noted that the reserve amount includes funds for programs such as the In-Town Road Program. The City has maintained an average amount above what is budgeted. The overall percent for all funds is 38.25%. • The Equalized Assessed Value(EAV)has increased about 30%. The average property increase was about 10 to 11%. There was a decrease in the rate to.6571 per$100 of EAV which represented a 10.3%reduction in the levy rate. • Phase I of the In-Town Street Program is underway. A number of streets on the north side of town have been completed. Work is being done on the infrastructure so that the program can begin on the south side. • The Library referendum was approved and the City approved$7.25 million in General Obligation bonds for the Library expansion project. • The City is now GASB 34 compliant. The City has a total of$90,315,098.00 in assets. The next step is to create a depreciation cycle so that the assets are replaced,upgraded or improved on a regular basis. • The Bruell Street lift station was put into service which allowed the City to shut down four existing lift stations. • The$12 million Rob Roy Creek Interceptor Project,funded by new development,was initiated. Contracts 1 through 6 equaling approximately$9.8 million are currently out. • The Countryside Interceptor and lift station are almost complete and should be operational by spring. This was created so that the sewer line would not go along the Blackberry Creek and will service the City to the east. • The Special Census was completed and the City's population is just under 11,050 people. • A number of grants where obtained for Parks&Recreation;$200,000.00 for the Cannonball Estates Park,$362,000.00 OSLAD grant for the Whispering Meadows and $128,000.00 grant for the Blackberry Creek Bike Trail. The Park&Recreation Department has taken funds from developers and increased them with matching grants for bigger and better parks. The City is working with the Illinois Department of Natural Resources(IDNR)on the Glen Palmer Dam improvements which are scheduled to begin this summer. Also,several parks were completed. • The City's Neighborhood Watch Program continues to grow and has 101 groups. • Two police officers received Medals of Honor along with a number of other officers receiving various commendations. • After working with the Regional Institute for Community Policing,a city-wide emergency operation plan was completed. Yorkville is one of tltree pilot communities to do this and this has brought the City close to being NIMS(National Incident Management System)compliant. • The first police cadet was(tired and there were two Citizen Police Academies held. Also two training sessions were held for the Beverage Alcohol Seller Educational Training (BASSET). • Many ordinances were approved. Especially noted are the Architectural Standards Ordinance and the Revised Land Use Ordinance. • The Downtown Redevelopment Plan was approved and the TIF program for this area is being developed. • New staff was added;Community Development Director,Community Relations Manager,IT Coordinator,etc. • Relationships with other partners in the community(Yorkville-Bristol Sanitary District, School District and Bristol-Kendall Fire Department;etc.)have been strengthened. • Environmental issues have been addressed such as the release rate for storm water. • Goals for 2006 include Economic Development,receiving funding up front from developers for City facilities. Alderman Brad commented that the literature for the Annual Service Report was attractive and she congratulated the Mayor and staff for producing it. YEDC Annual Report Lynn Dubajic,Executive Director of the Yorkville Economic Development Corporation presented the YEDC Annual Report(see attached). Items of note were: • The overall strategies for 2006 • The continuing partnership with the Burlington Northern Santa Fe Railroad • The River Valley Workforce Investment Board(WIB) • Trade Sbows—Intemational Council of Shopping Centers The Minutes of the Reenter Meeting of the City Council—February 28.2006—nave 3 o YEDC Sponsored Events—Job&Career Fair,Yorkville Business Institute,Summer Outing,Annual Meeting,etc. • Targeted Advertising • YEDC staff Mrs.Dubajic noted several projects being developed;a retail development at the southeast corner of Route 34 and Ridamain Road,a commercial and residential development at Ore northwest corner of Route 34 and Cannonball Trail,a commercial development at the southeast corner of Route 34 and Route 47 and Countryside Center should take place in late March. PUBLIC BEARINGS None. CITIZEN COMMENTS Boyd Ingemunson,Yorkville resident and candidate for Kendall County States'Attorney, addressed the City Council. He presented his past prosecuting experience and work background which he felt will aid him if he is elected State's Attorney. He also outlined concems he would address if elected: • Juvenile crime-he will propose the creation of ajuvenile justice council to help attack juvenile crime and create a program forjuveniles to learn responsibility and leadership. • Funding -he will propose that the State's Attorney's office approach the Department of Justice,the Illinois Criminal Justice Information Authority,etc.and make a pitch for funding that can come into the County to help hire more prosecutors,investigators,etc. • Growth-he will work to keep the County proactive with growth and problems it brings. He asked if the City Council had any questions;there were none. CONSENT AGENDA 1. Water Department Report for March 2005(PW 2006-21) 2. Water Department Report for April 2005(PW 2006-22) 3. Water Department Report for October 2005(PW 2006-23) 4. Water Department Report for November 2005(PW 2006-24) 5. Water Department Report for December 2005(PW 2006-25) 6. Saravanos Properties-Letter of Credit Reduction#2-authorize reduction in air amount not to exceed$94,133.64(PW 2006-26) 7. Castle Bank—Plat of Easement-authorize the Mayor mid City Clerk to execute(PW 2006-27) 8. Rob Roy Creek Interceptor—Contract 45 Easements-authorize the Mayor and City - Clerk to execute(PW 2006-28) 9. Resolution 2006-12- MOT Highway Permit and Resolution—Prestwick of Yorkville— Route 126 Temporary Entrance-authorise the Mayor and City Clerk to execute(PW 2006-29) 10. Cory Corner Subdivision—Sidewalk Agreement—authorize City Administrator to execute(PW 2006-31) 11. Grande Reserve Regional Park-Letter of Credit Reduction#1-authorize reduction to LaSalle Bank Letter of Credit No.S582610 in an amount not to exceed$452,836.50(PW 2006-32) 12.Bristol Ridge Road Reconstruction-Change Order#1 authorize reduction in an amount not to exceed$82,151.18 and Mayor to execute(PW 2006-36) 13. Public Works/Parks Department Building—approve jourt use of new facility,subject to available funding(PW 2006-40) 14.Monthly Treasurer's Report for December 2005(ADM 2006-10) 15. Ordinance 2006-11—Amending City Ordinance with Regard to Payment of Coordination Fee-authorize the Mayor and City Clerk to execute(ADM 2006-19) 16. Kendall County Community Summit Sponsorship Request—approve requestfor a donation in an amount not to exceed$50.00. 17. Resolution 2006-13—Establishing Mailbox Standards and Replacement Policy- authorize the Mayor and City Clerk to esecute(PW 2006-30) 18.Engineering Enterprises Inc.(EEO Engineering Agreement for the Herrman Property Stormwater Feasibility Study-authorize the Mayor and City Clerk to execute,subject to acquiring funding from developer(PW 2006-35) - 19. Galena Road Watermain—Rider/Silagyi Easements—authorizepayment in air amount not to exceed$21,855.00,funding to be paid from,Line hem#41-000-65-00-5800— Water Improvement Contingency,and Mayor and City Clerk to execute(PW 20064 1) The Minutes of the Rep lar Meeting of the City Council—February 28,2006—nape 4 20. Engineering Enterprises Inc. Engineering Agreement for North Route 47 Improvements - (Comeils Road—Baseline Road)—authorize in an amount not to exceed$1,108,000.00, subject to receipt offunding and Mayor and City Clerk to execute(P W 2006-16) 21. Resolution 2006-14—Creating the Position of Senior Planner-authorize the Mayor and City Clerk to execute(ADM 2006-16a) 22. Resolution 2006-15—Creating the Position of City Park Planner-authorize the Mayor and City Clerk to execute(ADM 2006-16b) 23. Resolution 2006-16—Creating the Position of Urban Planner-authorize the Mayor mid City Clerk to execute(ADM 2006-16c) 24. Resolution 200617—Creating the Position of GIS Coordinator-authorize lire Mayor mid City Clerk to execute(ADM 200616d) Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Besco;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Spears-aye,Bock-aye,Besco-aye,Leslie-aye, Wolfer-present,James-aye,Munns-aye,Burd-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL Mayor Prochaska reported that Plan Commission will be meeting twice in March;March 86 and March 22"d. There are also two meetings scheduled for April. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of February 14,2006;seconded by Alderman Wolfer. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated February 16,2006 totaling the following amounts:checks in the amount of $1,237,388.78(vendors);$168,030.85(payroll period ending 2/4106);$4,048.47(special census payroll period ending 2/2/06);for a total of$1,409,468.10(revised 2/24/06);seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye, Leslie-aye,Wolfer-aye,James-aye,Munns-aye REPORTS MAYOR'S REPORT Peace Corps Week Mayor Prochaska read a proclamation for Peace Corps Week,February 26"through March 51h, 2006(See attached). Mayor Prochaska entertained a motion to ratify the proclamation. So moved by Alderman Munns;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on March 4,2006 at Pro Golf,1775 Markerview Drive from 9:00 a.m.to 11:OOam, Resolution 2006-18 Creating the Position of Assistant City Administrator (COW 2006-03) Mayor Prochaska entertained a motion to approve the resolution creating the position of Assistant City Administrator in the United City of Yorkville.So moved by Alderman Wolfer;seconded by Alderman James. Alderman Munns clarified if this motion was to just approve the job description and Mayor Prochaska stated that the motion was to create the position. Alderman Munns asked if the City Council would have further discussion regarding the need to hire this position. Mayor Prochaska stated that the position would have to be included in the budget or the need for it brought before a committee as a request. The Minutes of the Reeular Meetine of the City Council—February 28.2006—naee 5 Motion approved by a roll call vote. Ayes-8 Nays-0 - Bock-aye,Burd-aye,Spears-aye,Mums-aye, Besco-aye,Leslie-aye,Wolfer-aye,James-aye Ordinance 2006-12 Cornelis Crossing-Authorizing the Execution of Annexation Agreement and Preliminary Plan (PC 2005-37) Mayor Prochaska entertained a motion to approve an Ordinance authorizing the execution of an Annexation Agreement with Cornelis Crossing,LLC and authorize the Mayor and City Clerk to execute all documents upon final legal and staff review. So moved by Alderman James; seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Munns-aye,Besco-aye,Leslie-aye, Wolfer-aye,James-aye,Bock-aye,Burd-aye Ordinance 2006-13 Cornelis Crossing—Annexation Mayor Prochaska entertained a motion to approve an Ordinance annexing territory commonly referred to as Corneils Crossing,as presented,in furtherance of an Annexation Agreement with Corneils Crossing,LLC and to authorize the Mayor and City Clerk to execute all documents upon final legal and staff review. So moved by Alderman Wolfer;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye,Besco-aye,Leslie-aye,Wolfer-aye, James-aye,Bock-aye,Burd-aye,Spears-aye -Ordinance 2006-14 Corneils Crossing—Rezoning Mayor Prochaska entertained a motion to approve an Ordinance rezoning certain property in furtherance of an Annexation Agreement with Corneils Crossing,LLC and to authorize the Mayor and City Clerk to execute all documents upon final legal and staff review. So moved by Alderman James;seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Leslie-aye,Wolfer-aye,James-aye, Bock-aye,Burd-aye,Spears-aye,Munns-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT Treasurer Powell noted that there were several items which required the signatures of the City Council members before they leave tonight. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that he met with Smith Engineering to review and walk the streets to be worked on this year and construction will start this spring.Also,the construction on Wells#3 and #4 has begun again. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR REPORT No report. The Minutes of the Regular Meeting of the City Council—February 28.2006—page 6 COMMUNITY&LIAISON REPORT Aurora Area Convention and Visitor Bureau Alderman Burd reported that the Aurora Area Convention and Visitor Bureau will be holding a - poker run on March 6,2006 beginning at 5:30 p.m. Yorkville will be the center of the event with dinner at the Blackstone Restaurant and dessert at Kendall Pub. Kendall County Tourism Committee Meeting Alderman Burd reported that she attended the Kendall County Tourism Committee Meeting on February 27,2006. A presentation was given on a bicycle event that is scheduled for Labor Day Weekend 2006. 750 participants are anticipated to ride down the roads of Kendall County. The group is meeting with the County Sheriff to work on lessening the impact on the local highways. Hoover Outdoor Education Center will be used for camping Friday through Sunday. They are also investigation having a shuttle.from Hoover to the Hometown Days Festival. The event is being sponsored by three environmental groups and is backed by several national organizations. The event is being marketed to 500,000 people. There was some discussion on local businesses sponsoring a trolley and also having the Chamber of Commerce become involved. Metro West Council of Governments Meeting Mayor Prochaska reported that he attended the Metro West Council of Governments meeting. The main discussion concerned a large area wanting to incorporate in Kane County. Mayor Prochaska also volunteered to be on the strategic planning committee for the group. The committee will investigate the direction the group wants to go in the future. Prairie Parkway Corridor Planning Group Meeting Mayor Prochaska reported that he attended the Prairie Parkway Corridor Planning Group meeting where cross-sections of the parkway were reviewed. He noted that it is proposed that the parkway will go under the railroad tracks,Fox and River Roads.Esthetics of the bridges and underpasses were also discussed. He stated that the parkway is moving forward. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance Establishing Special Service Area Number 2005-109(Bristol Bay 1) (ADM 2005-19a) A motion was made by Alderman James to approve an Ordinance establishing SSA No.2005-109 (Bristol Bay 1)as presented subject to staff and legal review;seconded by Alderman Wolfer. Alderman Burd made a motion to postpone the vote until April 11,2006;seconded by Alderman Basco. Alderman Wolfer asked the purpose for postponing the vote. Alderman Burd stated that she believed after talking to staff and other people in the community that there are some loose ends that need to be resolved before she would feel comfortable voting on the SSA. She felt she could not vote in favor of the SSA until the issues are resolved. Mayor Prochaska asked if the issues pertained specifically to the SSA as presented. Alderman Burd stated yes,as she envisions the benefits of an SSA should be used. Alderman Spears stated that she recently learned that a neighboring community was questioning if anyone researched how the SSA's have been calculated by the assessor's office because this would greatly affect the Equalized Assessed Value(EAV). She stated that if the homes with SSAs are assessed at a lower rate the School District will be short changed. Mayor Prochaska stated that Finance Director Pleckham has had this discussion with the Assessor's Office and she was told that homes with SSAs are being assessed the same as those without SSAs. The SSA is a loan and is not taken into account when the property is assessed. Director Pleckham clarified that The Mints of the Regular Meeting of the City Council—February 28,2006—page 7 the assessed value remains the value of the house however the sale price of the house should - reflect what is left to pay on the SSA. Alderman Wolfer stated that he has been working with another alderman from another community along with Senator Lauzen to develop a bill to address this issue. Mayor Prochaska noted that this was also discussed at the Illinois Municipal League Conference and he found that Yorkville was ahead of the game because staff had already had this discussion with the Assessor's Office. Alderman Munns noted that the Economic Development Committee has been discussing appropriate uses for SSAs. Mayor Prochaska noted that Bristol Bay cannot close on any home until the SSA is approved. Representatives from Centex Homes stated that there are over 100 families scheduled to close on their property on March 16,2006. if this is not approved, 100 closing for 100 families will have to be postponed. Alderman James asked for clarification on the issues regarding the proposed ordinance which are causing the postponement. Alderman Burd stated that it is her belief and the City's goal to work with other taxing bodies to bring about benefits. She stated that when the City agreed to the SSA it was with the belief that the SSA would free up funds for the developer so that they could do things for other taxing bodies in the community. She stated that things have not progressed to the point where she feels that everything has been resolved. Mayor Prochaska asked if she was waiting for an action to happen and Alderman Burd stated "something to happen". Alderman James asked who needed to make the action. Alderman Munns questioned if it really needed to be postponed for one month. Alderman Burd stated that the motion could be amended to March 14,2006. Alderman Bock asked if Alderman Burd's concerns could be addressed by the Centex representatives present. Alderman Burd staled she did not think so. She stated that she asked them at the Committee of the Whole meeting what was going on and did not receive a response. A motion was made by Alderman Munns to amend the motion to postpone the vote until March 14,2006;seconded by Alderman Besco. Alderman Spears asked that the SSA documents be corrected to state city instead of village and councilmen instead of trustees. Motion to amend the postponement date approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Munns-aye Besco-aye,Leslie-aye, Wolfer-aye,James-aye,Bock-aye,Burd-aye Jim Berry from Centex Homes stated that they cannot be in a situation where homeowners who are supposed to close on March 16"are further delayed on Much 10 if the City Council delays this further. He stated that Centex has an obligation to those who have signed contracts with them;if the closings are to be postponed the buyers need as much notice as possible. He stated that he is not sure what Centex is to accomplish in the next two weeks;they do not know what action the City Council expects them to take. Alderman Wolfer asked if an Executive Session was needed for Alderman Burd to discuss her reason for the postponement. Mayor Prochaska stated that this was not an Executive Session issue and any discussion would need to be in public. Mayor Prochaska stated that he believed Alderman Burd's reason dealt with the School District Alderman Burd stated that this was the reason. She stated that at the COW she was told that everything has been postponed until after the vote on the school referendum. She stated that she is also concerned with the lot for the school site;she was told this was not approved by the School District. She stated that she felt that developer and School District have not had an opportunity to work this out. Mayor Prochaska stated that the postponement regarding the school was on the part of the School District. Attorney Wyeth confirmed this stating this was consistent with the email lie saw from the school superintendent. Mayor Prochaska clarified that the developer did not request the postponement;it was the School District. Mr.Berry stated that they have had discussions with the School District and Castle Bank in an effort to work out a situation similar to that one in Grande Reserve. He stated that this has been more difficult because they are a smaller subdivision. The Minutes of the Regular Meeting of the City Council—February 28.2006—naee 8 Alderman Burd stated that she would like to wait and see what the agreement is before the SSA is - voted on. She stated that it is her motivation to help with this type of situation. Alderman Spears stated that when SSAs were first brought before the Council,they were not given the full picture. She stated that this should be a great concern for the Council at this time since there are unresolved issues with the School District. She stated that this gives them two weeks to work out the issues and that this process should be documented and presented to the City Council otherwise the Council would be voting on something that is not finalized. Mayor Prochaska noted that the agreement with the School District is not tied to the SSA. Attorney Wyeth agreed stating that provisions in the Annexation Agreement regarding the SSA are not contingent upon the school site. He stated that to cast a vote that would not approve the SSA based on the school site would be a vote based on something that really is not at issue. The vote before the Council is should there be an SSA and a SSA bond. He stated that to tie the vote to something that is not relevant would be something outside of the SSA Agreement If the City fails to do what it is contractually obligated to do,there could be serious legal liability. Alderman Burd stated that the developer has been advertising a school site in their development. She asked if that affected this discussion. Attorney Wyeth stated that was not relevant to this vote. She asked how this development came before the City Council without having this issue regarding a school site resolved. Attorney Wyeth stated that this is not the first instance of a development with a dedicated school site coming before the Council before the site was accepted by the School District. Mayor Prochaska noted that the School District has been uncertain if they wanted the land or cash even though a site has been identified. Alderman Wolfer asked for clarification that the SSA up for a vote was a separate issue from the school and Attorney Wyeth stated that this was correct the funding mechanism is not contingent upon the school site. Alderman Besco commented that SSAs have been sold to the City Council as a mechanism that frees up money for the developer to do other things. He stated that he respects that the developer has to represent its clients however the City Council has to represent the constituents and this is to have a community and a community includes schools.Alderman Wolfer asked if Alderman Besco was suggesting that the developer use the SSA money for a school. Alderman Besco stated that he was not suggesting this however the SSA is a benefit for them. Alderman Leslie asked Attorney Wyeth to what degree could the United City of Yorkville be held liable for hardship due to the postponement Attorney Wyeth stated the shorter the delay the less harm will be done. He stated that the agreement does not include a deadline for the SSA. Fred Feinstein from Centex homes stated that he did not want io be argumentative however there is a problem;one that was not been caused by them. He stated that it was the School Board's request that the matter of the school be deferred until after the referendum vote. He stated that he was involved in the negotiations with the school throughout the whole process. He stated that Centex met with the School Board and Superintendent and that because of these discussions the school site was moved several times. The current site was designated by the School District and it was placed on the perimeter so that when the next neighborhood develops land could be added to the site to make it larger. There was a great deal of communication with the School District regarding the site. He stated that Alderman Burd's implication that the developer did not work and talk with the School District is incorrect. He stated that also during these discussions,there was also a request for cash instead of land which Centex said they would consider once the School District decided what they wanted.He stated that Centex will continue to work with the School District and that the City Council should not hold the developer accountable for something that is not in their control is. He asked that they approve the SSA tonight because he did not know what could be done with the schools in two weeks With regards to the SSA freeing up funds,Mr.Feinstein stated that the City Council received a description of where the funds were going;a regional waste water treatment area,an interceptor, a regional storm water detention area,etc.,at the COW meeting. Alderman James asked why the School Board wanted to defer the discussion. Mr.Feinstein stated that he presented Centex's willingness to work toward trying to finance a new school to School Superintendent Dr.Engler in December. He told Dr.Engler that if Centex was unable to come up with a mechanism that would achieve this,Land Cash could be considered. He stated that Centex has found a mechanism for financing and has given the information to the School District however they have not decided what to do. The Minutes of the R gular M etng of the City Council—February 2g 2006—page 9 Alderman Bard asked if discussions shut down because of the interest being charged on the loan - needed to fund the school. Mr.Berry stated that this is an issue still needing resolution. She commented that as things currently stand,the School District cannot afford to pay die interest. Alderman Spears invited Dr.Engler and School Board to come to the next COW meeting so that this could be discussed this with them present. She also stated that she has told by Mr.Berry at the COW meeting that Centex has initiated ten to fifteen developments however only one other than Yorkville has had an SSA.She questioned if Yorkville was unique because of the SSAs. Mr.Feinstein stated that SSAs are a fairly new vehicle so it was not used on previous developments. The SSA for this development allows the developer to do things that could not ordinarily been done at this location. Alderman Munns asked if this was postponed until March I how would it affect closings. Mr. Feinstein stated that a ten day period is needed in order for the bonds to be sold;this will compress their time frame. Mr.Berry stated that if the closings need to be postponed,buyers cannot be told on March 1516. Alderman Leslie commented that it seemed like poor planning to have the closings contingent on the SSAs. Mr.Feinstein stated that the development was delayed because of the sewer. Once everything was in place,the enabling ordinance for the SSA was approved.He stated that the development has moved on pace despite everything. There was further discussion regarding the sewer delay,more scrutiny given to future SSAs,the City's liability in postponing the vote,etc. Attorney Wyeth stated that he had not heard any discussion about an element that would prohibit the City Council from voting on the SSA. He again noted that the school is not a contingency. He stated that if the City Council issues are specific to the SSA then they should wait however if they are about the schools,it does not fit. Motion to postpone until March 14,2006 approved by a roll call vote. Ayes-5 Nays-3 - Burd-aye,Spears-aye,Munns-aye,Besco-aye, Leslie-aye,Wolfer-nay,James-nay,Bock-nay Ordinance Providing for Issuance of Special Service Area Number 2005-109 Special Tax Bonds,Series 2006(Bristol Bay 1) (ADM 2005-19b) A motion was made by Alderman James to approve an Ordinance providing for the issuance of SSA No.2005-109 Special Tax Bonds,Series 2006(Bristol Bay I)as presented subject to staff and legal review;seconded by Alderman Wolfer. Attorney Wyeth suggested that procedurally this should run with the prior motion as they are connected. A motion was made by Alderman lames to postpone the approval of an Ordinance providing for the issuance of SSA No.2005-109 Special Tax Bonds,Series 2006(Bristol Bay 1)as presented until March 14,2006 for consideration;seconded by Alderman Besco. Motion to postpone approved by a roll call vote. Ayes-6 Nays-2 Munns-aye,Besco-aye,Leslie-aye,Wolfer-nay, James-aye,Bock-nay,Burd-aye Spears-aye Ordinance 2006-15 Approving Revision of the 2005-2006 Fiscal Budget (ADM 2006-14) A motion was made by Alderman James to approve an Ordinance approving the revision of the 2005-2006 Fiscal Budget as presented;seconded by Alderman Munns. Mayor Prochaska noted that there are funds in the budget for an Assistant City Administrator. Alderman Spears asked if someone could be hired now for the position and Mayor Prochaska stated that yes this person could be hired. Alderman Morris;stated that earlier in the meeting he expressed his discomfort in hiring for this position without more information that the position is really needed. Mayor Prochaska noted that this issue bad been discussed at Administration Committee meetings,Administrative Task Force meetings as well as a COW meeting where it was decided that the position is needed and it should move forward. Alderman Morris stated that he contacted several communities and he has not found anyone who has this position. He stated that he needs more time to investigate the matter before he votes for it. The Minutes of the Regular Me tine of the City Council—February 28.2006—page 10 Alderman Besco asked if the four job descriptions passed under the Consent Agenda were - included in the revised budget. Mayor Prochaska stated that two of the four were included in the revised agenda as well m having been in the original agenda. The other two are not funded. Alderman Hurd asked if the Assistant City Administrator position was pulled out of the budget and held until the next fiscal year,how soon could it be filled. Mayor Prochaska stated that it could be posted after the next budget is approved. Alderman Leslie stated that he asked at the COW meeting if this position would need to be maintained at all times and he was told no.He state that with this in mind and considering the position the City is in,the opportunity to have an assistant seemed like a good idea. Mayor Prochaska reminded the City Council that the position still needs to be posted and an interview process needs to occur. Alderman Spears asked if this could be pulled off until the next fiscal year budget since currently the City intern Bart Olson is handling most of the job tasks and he will be with the City through May 2006. Mayor Prochaska stated that if this position is placed on the next budget,the position would probably not be filled until June. Finance Director Pleckham noted that an Office Coordinator was in the budget however the City did not move forward with this position. It has been discussed that the Assistant City Administrator was desperately needed. Alderman James noted that the City has recently lost its City Administrator and its Finance Director,he stated that the gap between City Administrator may be why the Finance Director has decided to leave. Alderman Munns stated that he did not feel a city the size of Yorkville needs a$100,000.00 City Administrator as well as an Assistant City Administrator;there are other positions that need to be filled. Motion approved by a roll call vote. Ayes-5 Nays-4 James-aye,Bock-aye,Burd-nay,Spears-nay,Munns-nay, Besco-nay,Leslie-aye,Wolfer-aye,Prochaska-aye Municipal Building Impact Fee (ADM 2006-15) A motion was made by Alderman James to postpone consideration of the Municipal Impact Fee until the March 14,2006 City Council meeting;seconded by Alderman Spears. Mayor Prochaska noted that he was working with staff on the verbiage and numbers to encourage the prepayment of fees. If fees are received upfron;there would be a substantial savings to the City. Also,if this is enacted as it is,the City would not see fees for another year if not longer. Alderman Leslie asked how Yorkville compared to other communities. Mayor Prochaska stated that even with the increase,Yorkville is still competitive. Motion approved by a roll call vote. Ayes-8 Nays-0 Bock-aye,Burd-aye,Spears-aye,Munns-aye, Besco-aye,Leslie-aye,Wolfer-aye,James-aye ADDITIONAL BUSINESS Mayor Prochaska asked the City Council to consider March 13,2006 for a Special Budget meeting. He asked everyone to check their calendars and call into City Hall by Friday,March 3, 2006 so that the meeting can be scheduled. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into Executive Session for the purpose of: o For the appointment employment,compensation,discipline,performance,or dismissal of specific employees of the public body or legal counsel for the public body,including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. He asked that Clerk Milschewski,Interim City Administrator Crois and Attorney Wyeth be included in the session. So moved by Alderman James;seconded by Alderman Leslie. The Minutes of the Reeular Meeting of the City Council—February 28 2006—oaee 11 Motion approved by a roll call vote. Ayes-$ Nays-0 James-aye,Bock-aye,Burd-aye,Spears-aye, Mums-aye,Besco-aye,Leslie-aye,Wolfer-aye Mayor Prochaska noted that no action would be taken after the session. The City Council entered into Executive Session at 9:00 p.m. The City Council returned to Regular Session at 9:12 p.m. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Spears;seconded by Alderman James. Motion approved by a viva voce vote. Meeting adjourned at 9:12 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page Iof4 COMMITTEE OF THE WHOLE DRAFT Tuesday,February 7,2006 7:00 P.M. City Conference Room Present Mayor Art Prochaska Vince Roscnova, DBCW, Ltd. Alderman Joe Besco John Phillipchuck, DBC&W Ltd. Alderman Dean Wolfer Chris Lannert,The Lannert Group Alderman Paul James Joel R.Marmo, Paine Onishi Alderwoman Valerie Burd Maria Schroeder,resident Alderwoman Rose Spears Robbin Amfelt, resident Alderman Marty Munns Dawn Fitzgerald,resident Alderman Jason Leslie (arrived at 7:15) Todd Fitzgerald,resident City Administrator John Crois Theresa Juodis,resident City Attorney John Wyeth Nancy Wilson,Rush Copley Med. Ctr. City Treasurer Bill Powell Lisa Brady, Rush Copley Travis Miller Kevin Berry, Smith Engineering Bart Olson Kathy Farren, Record Lynn Dubajic,YEDC Chuck Brooks,resident Glory Spies Gary Golinski,resident Scott Sleezer Richard Murphy,Pasquinelli Ron Diederich John E.Lies, Sr.,F.C.H.Properties Dan Kramer Delores Lies,F.C.H.Properties Clayton Marker,Marker Inc. Gary Neyer,RMA,Inc. Jeff Kernell,YYBS Beth Prickett, YYBS Karen Onishi,Yorkville Eye PWF Karry Saravanos, Saravanos Properties Cheryl Grate, Grate Signs Heather Gillers,Beacon News Jeff Grezlik,resident Ken Koch,Park Board John Pakv,YYBS John Purcell, Kendall County The meeting was called to order at 7:00 pm by Mayor Art Prochaska. Public Hearine None. Presentations: 1. PC 2005-61 Rush Copley—Concept PUD Plan—John Phillipchuck was here to present the Concept. The plan accommodates John St. The sewer lines would be relocated to accommodate a circular roadway system. This would also connect with Beecher Road. The family has asked to retain a 1 '/2 acre parcel to be used as a non-medical office or Bank. The rest of the PUD calls for Medical related office buildings and a future Hospital site. It is currently zoned O (Office)A Hospital is not in the O zone class. B 1 only allows for a 2 story building, and the Hospital would be 4 stories. There will be a signalized intersection with full access at Beecher Road and Rt. 34. South of the Hospital Campus would be Residential. Page 2 of 4 2. PC 2005-63 Heartland Crossing—Concept PUD Plan—This has frontage on Rt. 47. There will be commercial nodes at Ament Rd. and Rt.47 and the relocated Wheeler Rd and Rt. 47. These are single Family attached homes. There is a potential school and park site for a potential middle school. Windett Ridge has a potential Elementary School site. This plan has 833 lots with 127 lots having access to the trail system without having to cross any streets. It would be .9 units per acre. 95%of the lots back up to open space. There is 139 acres of open space and 5 %2 miles of trails. The trails go for great distances without crossing any streets and can connect to other trail systems. They will be paved with asphalt. Currently there is no off street parking planned for the park. There is a concern about the name. Already there is a Heartland, and a Heartland Circle. There was some discussion that adding Heartland Crossing may add confusion, for example Emergency Vehicles and UPS. Deliveries and Emergency Vehicles would be going to street addresses, not subdivisions. An emergency access is needed at the bottom of the long loop/cul-de sac. There will be a HOA for maintenance with a backup SSA. Plan Commission had a concern with the commercial strip. Com Ed has a 60 foot right of way, and in addition to that,there will be a 40 foot setback with landscaping and buffering. There was also concern with the grocery store. Grocery receiving happens at all hours of the day and night. Soundproofing will be addressed with the orientation of the docks and buffering between the commercial and residential. Detail Board Report Bill list): There was a question about the odd dollar amount for the drug testing and how many tests were done. This will be looked into. The Bill List will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. PS 2005-12 Police Reports for November 2005 2. PS 2006-01 Police Reports for December 2005 3. EDC 2006-01 Building Permit Report for November 2005 4. EDC 2006-02 Building Permit Report for December 2005 5. ADM 2006-17 Waterworks System—EEI Contracts b.2 and B.3 Abatement Ordinance 6. ADM 2006-18 Rob Roy Creek Interceptor Abatement Ordinance The Consent Agenda items will move on to City Council on Consent Agenda. Mayor: 1. ZBA 2005-58 Saravanos Properties—Sign Variance—A 228 square foot sign is being requested. It would have 20 8 square foot panels. A variance is for a hardship. The hardship in this case is that it is a triangular lot. The signage is for the 20 possible tenants in the back of the property. The tenants could advertise that they are in the shopping center, and then not every tenant would need to have a sign. The petitioner will go back and work on an alternative. City Attorney 1. COW 2006-01 Ordinance Annexing Inland Property (Bristol Ridge)—This was tabled at the developer's request. Page 3 of 4 2. COW 2006-02 Purchase Agreement for Post Office Property on Hydraulic Avenue—What the City does with the Building depends on whether it is eligible for the TIF. If there is no TIF, another funding source must be found. This will move on to City Council on Consent Agenda. Economic Development Committee: 1. PC 2005-45 Onishi—McHugh Professional Building—Annexation Agreement —The residents surrounding this property are concerned with the safety. This will bring additional traffic. There were also concerns about the lighting and the possibility of crime. This does not meet the current comprehensive plan, and the residents wonder if their property values will decrease. This is a low intensity use and will be a masonry building with a residential feel. A larger setback will be looked at being put into the agreement. The only entrance in onto McHugh. On the back sides there will be a fence along with the existing trees. Plan Commission was 5-1 against this. If this property does not annex into the City,the City has no control of what goes on this property. The current house is so old with so many modifications it has no preservation value. This will move on to City Council for consideration. 2. PC 2005-37 Corneils Crossing—Annexation Agreement and Preliminary Plan —This will move on to City Council for Consideration. 3. PC 2005-16 Kendallwood Estates—Preliminary Plan—This has access to Rt. 126 and Van Emmon Road. It is 51 acres to be zoned R2 with 83 lots. They will be a minimum of 12,000 square feet with the average being 15,000 square feet. There will be some tree removal due to the grading issues. They will try to save some. There will be no land donated, it will be all cash and be used to improve the bike path. The trails on the Com Ed easement have not yet been negotiated. 4. PC 2005-54 Grande Reserve Unit 12—Preliminary/Final Plat—Pasquinelli has purchased 2 Units from Grande Reserve. It will be a Phased development. This will be a rear loaded court home product. There are 164 units. This will move on to City Council. 5. PC 2005-55 Grande Reserve Unit 13—Prefiminary/Final Plat—This is a front loaded product with 245 units. Mill Road will be improved by the City. This will move on to City Council. 6. EDC 2006-03 Zoning Text Amendment to M-1 Zoning District—Outdoor Storage would be a special use. There must be a Public Hearing for this change. 7. EDC 2005-09 Facade Improvement Agreement—This was amended. The word Pilot was removed. The restriction for the downtown Business District was changed to be able to use this program all over town. There are 3 priorities. #1 is the Downtown are,#2 is along a major arterial, and#3 is in neighborhoods. If the corrected version is in by Friday,this will move on to City Council. 8. EDC 2005-03 Kendall County Transportation Development Fees Draft Agreement—This fee would be for the use of improving County arterials. The money would be collected and held by Yorkville and spent on roads within Yorkville. The issue of maintaining the city streets that lead to the County Complex came up. The County might be willing to help pay for the maintenance. This agreement will move on to City Council. Page 4 of 4 Park Board: 1. PK BD 2006-01 Yorkville Youth Baseball/Softball Association 2006 Agreement—The school ball fields are not being used in June and July. John Peguna of the Youth Baseball League will meet with the School Board to see if they can use the ball fields over the summer. This agreement will go on to City Council on Consent Agenda. Public Works Committee: No Report. Public Safety Committee: 1.PS 2006-03 Request to Hire Two Patrol Officers—This is in the budget. The new officers will be hired on February 14a'. Administration Committee: No Report. City Council Requests: 1.Hiring of a Special Counsel to Aid the City with Special Projects—This special counsel could be used for special annexation situations, the Governance Ordinance, and be a specialty Legislative counsel. Alderwoman Burd recommends the firm of Ansel Glink. This attorney would report to the City Attorney. They would be used case by case as needed. They are not hired in an ordinance, but they would be identified. There was some discussion about letting other firms as well as Ansel Glink give presentations and make proposals to the City. This is better handled in Executive Session. Additional Business Alderman Munns said the light at Rt. 34 and Sycamore is not working properly. Alderman Leslie asked about the actuator at Rt.47 and Landmark Dr. He said when he was driving his motorcycle the light did not change. This is thought to be a problem with motorcycles, not the actuator. Mayor Prochaska said the staff will be monitoring the progress of the solid waste area being discussed with the county at this time. The City Officials have been invited by the Chairman of the County Board to talk with their attorneys. The location is very close to being adjacent to the City. Saturday at 9 am is the Gold Building Session at City Hall. Executive Session: 1. For the appointment,employment,compensation,discipline,performance,or dismissal of specific employees of the public body or legal counsel for the public body,including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine it's validity. Joe Besco made a motion to go into Executive session for this reason including the City Attorney, John Wyeth, the Minute Taker,Laura Leppert, Park Board representatives Gary Golinski and Ken Koch and the City Administrator John Crois. Alderwoman Spears seconded the motion. All moved to pass with a roll call vote. All were in favor. The motion carried at 9:35 pm. The meeting was reconvened and was immediately adjourned at 10:22 pm. Minutes submitted by Laura Leppert. ORDINANCE NO. AN ORDINANCE ESTABLISHING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2005-108 BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AS FOLLOWS: Section 1. Authori ty. The United City of Yorkville (the "City") is authorized, pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27-5 et seg. (the "Act"), to establish special service areas for the provision of special services in portions of the City and to levy or impose a special tax and to issue bonds for the provision of such special services. Section 2. Findings. (a) The question of establishment of the area hereinafter described as a special service area (the "Ares") was considered by the City Council of the City pursuant to "An Ordinance Proposing the Establishment of Special Service Area Number 2005-108 In the United City of Yorkville and Providing for Other Procedures in Connection Therewith," being Ordinance No. 2005-100, adopted on December 27, 2005. The establishment of the Area was considered at a public hearing commenced January 24, 2006. Said hearing was held pursuant to notice duly published in The Beacon News a newspaper of general circulation within the City, on January 9, 2006, which was at least fifteen (15) days prior to the hearing, and the Kendall County Register on January 12, 2006 and also pursuant to notice by mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Area. Said notice by mail was given by depositing said notice in the United States mail not less than ten (10)days prior to the date set for the public hearing. In the event taxes for the last preceding year were not paid, said notice was sent to the person last listed on the tax rolls prior to that year as the owner of said property. A certificate of publication of notice and evidence of mailing of notice are attached to this Ordinance as Exhibit A and Exhibit B respectively. Said notices conform in all respects to the requirements of the Act and City Ordinance. (b) A public hearing on the questions set forth in said notices was commenced on January 24, 2006, and finally adjourned on January 24, 2006. All interested persons were given an opportunity to be heard on the question of the issuance of bonds to finance a part of the cost of new construction of special services including,but not limited to,engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, bicycle paths, park improvements and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisition relating to any of the foregoing improvements, required tap-on fees and related fees for water or sanitary sewer CH12_5919a2.3 services and other eligible costs (collectively, the "Improvements"), on the question of the conditions for participating in the Area as more particularly set forth herein, and on the question of the retirement of said bonds as due from time to time by a levy of a tax on taxable real property within the Area. (c) After considering the data as presented to the City Council of the City and at the public hearing, the City Council of the City finds that it is in the best interests of the City and of the residents and property owners of the United City of Yorkville Special Service Area Number 2005-108 that said special service area, as hereinafter described,be established. (d) There are no electors residing within the Area. All owners of record of all taxable property lying within the Area have agreed to consent to the creation of the Area and the manner of levying a special tax as herein described by executing the Declaration of Consent and Waiver attached as Exhibit C hereto, and by this reference made a part hereof. (e) Said special service area is compact and contiguous as required by the Act. (f) An annual special tax based upon a special tax roll levied against each lot and each parcel of real property in the Area as herein described does not exceed the tax rate or method proposed in the notice of public hearing referred to herein and such special tax, taking into account the direct and indirect special service benefits to current and future owners of property within the Area, bears a rational relationship between the amount of tax levied against each lot,block, tract and parcel of land in the Area and the special service benefit conferred. (g) It is in the best interests of the City that the Area be created for the financing of the Improvements within the Area, that the Improvements be financed by the sale of one or more series of bonds, and that taxes be levied on Taxable Property within the Area to retire the bonds and to cover costs and expenses connected with the financing of the Improvements within the Area and the administration of the Area. (h) It is in the best interests of the United City of Yorkville Special Service Area Number 2005-108 that the furnishing of the Improvements proposed be considered for the common interests of said Area and that said special service area will benefit specially from the Improvements. Section 3. United City of Yorkville Special Service Area Number 2005-108 Established. A Special Service Area Number 2005-108 to be known and designated as "United City of Yorkville Special Service Area Number 2005-108" is hereby established and shall consist of the contiguous territory legally described and containing the permanent tax index numbers set forth in Exhibit D hereto, and outlined on the map of a portion of the City attached as Exhibit E hereto, which description and map are by this reference incorporated herein and made a part hereof. Section 4. Purpose of Area. United City of Yorkville Special Service Area Number 2005-108 is established to provide special services to the Area, consisting of the Improvements, which are in addition to services provided in the City generally. United City of Yorkville Special Service Area Number 2005-108 is also created so that one or more series of bonds may CHI2_591982.3 -2- be issued for the purposes aforesaid, payable from taxes levied on real property in the Area in accordance with the special tax roll established by this Ordinance. Principal of and interest on such bonds, together with administrative costs relating to the bonds, the collection of the taxes and the administration of the Area shall be paid by the taxes to be levied in accordance with the special tax roll described below. Such taxes shall be levied in addition to all other City taxes so levied, provided no bonds, other than refunding bonds, shall be issued in excess of the principal amount of $15,500,000 or at an interest rate to exceed the greater of nine percent (9%) per annum or 125%of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of said bonds and said bonds shall mature within thirty(30)years from their date. Section 5. Special Tax Roll for Bond Retirement. In lieu of an ad valorem tax to be levied and extended for the payment of principal of and interest on any bonds issued on behalf of the Area, a special tax roll shall be established for levying and extending taxes for the payment of principal of and interest on and administrative expenses incurred in connection with any bonds issued for the purposes set forth in Section 4 hereof and the administration and maintenance of the Area. The manner of imposition of the taxes and description of the special tax roll shall be as set forth in the United City of Yorkville Special Service Area Number 2005-108 Special Tax Roll and Report (such Report together with all exhibits thereto is hereinafter referred to as the "Special Tax Report") prepared by David Taussig& Associates, Inc. on behalf of the City attached hereto as Exhibit F. incorporated herein and made a part hereof. The Special Tax Report may be amended by Ordinance of the City and, to the extent permitted by the Act and subject to the limitations of the Act, may be amended without further notice to owners of property within the Area provided any such amendment shall not be in violation of any other agreements of the City. There is hereby delegated to the Mayor the authority to make any necessary modifications to the Special Tax Report to increase or decrease the estimated cost of public improvements to be funded by the Special Service Area among the various line items set forth in Table I included in Section IV.B of the Special Tax Report, provided the total authorized amount of public improvement costs to be funded by the Special Service Area shall not be increased. Any such modification shall be approved by the Mayor in a Written Determination executed by the Mayor and filed with the Recorder of Deeds of Kendall County without the necessity of any Ordinance amending this Ordinance or approving such modification. Section 6. Supersede Conflicting Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. CH12_591982.3 -3- PASSED by the City Council of the City this_day of 2006. Voting Aye(list names): Voting Nay(list names): Abstaining(list names): Absent(list names): City Clerk SIGNED by the Mayor this_day of 2006. Mayor ATTEST: City Clerk Published in pamphlet form 2006. CHI2_591982.3 -4- UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 2006-_ AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2005-108 SPECIAL TAX BONDS, SERIES 2006 (AUTUMN CREEK PROJECT) ADOPTED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS The_of ,2006 Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County,Illinois this_day of 2006. CHI2_603856.3 ORDINANCE NO. 2006-_ AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS SPECIAL SERVICE AREA NUMBER 2005-108 SPECIAL TAX BONDS, SERIES 2006 (AUTUMN CREEK PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AS FOLLOWS: Section 1. Findings and Declarations. It is found and declared by the City Council of the United City of Yorkville,Kendall County, Illinois(the"City')as follows: a. The City has previously established Special Service Area Number 2005-108 described more fully in Exhibit A to this Ordinance(the"Special Service Area')pursuant to Ordinance Number 2006- adopted on March _, 2006 (the "Establishine Ordinance'), the provisions of the Special Service Area Tax Law, 35 ILCS 200/27-5 et seq., as amended (the "Special Service Area Act') and the provisions of Section 7 of Article VII of the 1970 Constitution of the State of Illinois, and has otherwise complied with all other conditions precedent required by the Special Service Area Act. b. It is necessary and in the best interests of the City to provide at this time special services benefiting the Special Service Area consisting of the acquisition, construction and installation of public improvements including, but not limited to, engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, bicycle paths and related street improvements, park improvements and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The City presently estimates the total cost of these Special Services to be funded through the issuance of bonds at this time together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively, the "Costs of the Special Services") to not exceed $15,500,000. c. The City does not have sufficient funds on hand or available from other sources with which to pay the costs of the Special Services. d. It is in the best interests of the City to issue not to exceed $15,500,000 principal amount of its Special Service Area Number 2005-108 Special Tax Bonds, Series 2006 (Autumn Creek Project) (the "Bonds') as provided in this Ordinance, to pay or provide funds for a portion of the Costs of the Special Services. CHI2_603856.3 e. The borrowing of the sum of not to exceed $15,500,000 and the issuance of the Bonds in that amount are for purposes constituting special services in the Special Service Area under the Special Service Area Act. f. After due publication on January 9,2006 of a notice as required by the Special Service Area Act, a public hearing to consider the establishment of the Special Service Area, the issuance of the Bonds for the purpose of paying the costs of the Special Services and the manner in which the Bonds are proposed to be retired and the proposed tax levy, was held on January 24, 2006 at 7:00 p.m. No objection petition has been filed with respect to the establishment of the Special Service Area or the issuance of the Bonds within the period of time allowed pursuant to the Special Service Area Act. Section 2. Issuance of Bonds. The City shall borrow the sum of not to exceed $15,500,000 by issuing the Bonds as provided in this Ordinance. The Bonds shall be designated "United City of Yorkville, Kendall County, Illinois Special Service Area Number 2005-108 Special Tax Bonds, Series 2006 (Autumn Creek Project)," and shall be issued for the purpose of providing a portion of the funds needed for the Costs of the Special Services. The Bonds shall be issued pursuant to the powers of the City pursuant to Section 7 of Article VII of the 1970 Constitution of the State of Illinois; the Special Service Area Act; and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (the"Debt Act"). Section 3. Approval of Documents. There have been submitted to the City Council forms of the following documents relating to the issuance of the Bonds: a. a form of Trust Indenture(the"Indenture") between the City and The Bank of New York Trust Company, N.A., as Trustee, to be dated as of March 1, 2006, which form of Indenture is attached as Exhibit B to this Ordinance; b. a form of Bond Purchase Agreement (the "Bond Purchase Agreement's between the City and William Blair & Company, L.L.C., as Underwriter (the "Underwriter"), and Pulte Homes Corporation, a Michigan corporation (the"Developer") to be dated as of the date the offer of the Underwriter to purchase the Bonds is accepted by the City, which form of Bond Purchase Agreement is attached as Exhibit C to this Ordinance; c. a form of Public Infrastructure Agreement for United City of Yorkville Special Service Area Number 2005-108 Autumn Creek Project between the City and the Developer, which form of Public Infrastructure Agreement is attached as Exhibit D to this Ordinance; d. a form of the Preliminary Limited Offering Memorandum (the "Preliminary Limited Offering Memorandum") used by the Underwriter in its initial offering of the Bonds, which form of Preliminary Limited Offering Memorandum is attached as Exhibit E to this Ordinance; e. a form of the Agreement for Consulting Services by and between the Developer, David Taussig & Associates, Inc. ("Taussic") and the City which form of Agreement for Consulting Services is attached as Exhibit F to this Ordinance; and 2 CH12_603856.3 E a form of the Agreement for Administrative Services between Taussig and the City which form of Agreement for Administrative Services is attached as Exhibit G to this Ordinance. Such documents are approved as to form and substance and the Mayor and the City Clerk of the City are authorized and directed to execute and deliver and/or authorize the use of such documents on behalf of the City in the forms submitted with such additions, deletions and completions of the same (including the establishment of the terms of the Bonds within the parameters set forth in this Ordinance) as the Mayor and the City Clerk deem appropriate; and when each such document is executed, attested, sealed and delivered on behalf of the City, as provided herein, each such document will be binding on the City, from and after the execution and delivery of each such document, the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such additional documents as may be necessary to carry out, comply with and perform the provisions of each such document as executed; and each such document shall constitute, and hereby is made, a part of this Ordinance, and a copy of each such document shall be placed in the official records of the City, and shall be available for public inspection at the office of the City Clerk. Either the Mayor or City Clerk is authorized and directed, subject to the terms of the Bond Purchase Agreement as executed, to execute a final Limited Offering Memorandum in substantially the form of the Preliminary Limited Offering Memorandum presented hereto with such changes, additions or deletions as they deem appropriate to reflect the final terms of the Bonds,the Indenture and other matters. Section 4. Bond Terms. The Bonds shall be issued as provided in the Indenture and shall be issued in the principal amount of not to exceed$15,500,000, shall be dated, shall mature, shall bear interest at the rates (not to exceed in any year six and one-half percent (6.50%) per annum) and shall be subject to redemption at the times and prices as set forth in the Indenture, and shall be sold to the Underwriter at a purchase price of not less than 98.5% of the principal amount of the Bonds with an original issue discount of not to exceed 1.0% of the principal amount of the Bonds, all as set forth in the Bond Purchase Agreement. The execution and delivery of the Bond Purchase Agreement by the Mayor and the City Clerk shall evidence their approval of the terms of the Bonds set forth above. Section 5. Execution and Delivery of Bonds. The Mayor and the City Clerk are authorized and directed to execute and deliver the Bonds and, together with other Authorized Officers (as defined in the Indenture), to take all necessary action with respect to the issuance, sale and delivery of the Bonds, all in accordance with the terms and procedures specified in this Ordinance and the Indenture. The Bonds shall be delivered to the Trustee who is directed to authenticate the Bonds and deliver the Bonds to the Underwriter upon receipt of the purchase price for the Bonds. The Bonds shall be in substantially the form set forth in the Indenture. Each Bond shall be executed by the manual or facsimile signature of the Mayor and the manual or facsimile signature of the City Clerk and shall have the corporate seal of the City affixed to it (or a facsimile of that seal printed on it). The Mayor and the City Clerk(if they have not already done so) are authorized and directed to file with the Illinois Secretary of State their manual signatures certified by them pursuant to the Uniform Facsimile Signatures of Public Officials Act, as 3 CH12_603858.3 amended, which shall authorize the use of their facsimile signatures to execute the Bonds. Each Bond so executed shall be as effective as if manually executed. In case any officer of the City whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before authentication and delivery of any of the Bonds, that signature or facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. No Bond shall be valid for any purpose unless and until a certificate of authentication on that Bond substantially in the form set forth in the bond form in the Indenture shall have been duly executed by the Trustee. Execution of that certificate upon any Bond shall be conclusive evidence that the Bond has been authenticated and delivered under this Ordinance. Section 6. Bonds are Limited Obligations: Levy of Special Tax: Pledgee. The Bonds shall constitute limited obligations of the City, payable from the Special Taxes (as defined below) to be levied on all taxable real property within the Special Service Area as provided below. The Bonds shall not constitute the general obligations of the City and neither the full faith and credit nor the unlimited taxing power of the City shall be pledged as security for payment of the Bonds. There are hereby levied Special Taxes upon all taxable real property within the Special Service Area in accordance with the Special Tax Roll and Report (as defined below) sufficient to pay and discharge the principal of and interest on the Bonds at maturity or mandatory sinking fund redemption dates and to pay interest on the Bonds for each year at the interest rates set forth in Section 2.4 of the Indenture and to pay for the estimated Administrative Expenses (as defined in the Indenture) of the City and Kendall County, if any, for each year including specifically the following amounts for the following years (the"Special Taxes'): An Amount Sufficient Year of Levy to Produce the Sum of 2007 $1,100,400 2008 1,116,906 2009 1,133,412 2010 1,150,494 2011 1,167,576 2012 1,185,234 2013 1,202,892 2014 1,221,126 2015 1,239,360 2016 1,257,912 2017 1,276,722 2018 1,295,850 2019 1,315,236 2020 1,334,940 2021 1,354,902 2022 1,375,182 2023 1,395,720 4 CHI2_603656.3 An Amount Sufficient Year of Levy to Produce the Sum of: 2024 1,416,576 2025 1,438,008 2026 1,459,440 2027 1,481,448 2028 1,503,456 2029 1,526,040 2030 1,548,942 2031 1,572,102 2032 1,595,838 2033 1,619,892 2034 1,644,204 Pursuant to the Special Tax Roll established by the Special Tax Roll and Report prepared for the Special Service Area (the "Special Tax Roll and Report'), the Special Taxes shall be computed, extended and collected in accordance with the Special Tax Roll and Report, and divided among the taxable real property within the Special Service Area in accordance with the terms of the Establishing Ordinance and the Special Tax Roll and Report. It shall be the duty of the City and the City hereby covenants, annually on or before the last Tuesday of December for each of the years 2007 through 2034 to calculate or cause the Consultant appointed pursuant to the Indenture to calculate the Special Tax Requirement (as defined in the Indenture) for each Series of Bonds issued pursuant to the Indenture; to amend the Special Tax Roll pursuant to Section VIII of the Special Tax Roll and Report; to adopt an ordinance approving the amount of the current calendar year's Special Tax Requirement and to abate the Special Taxes levied pursuant to this Ordinance to the extent the taxes levied pursuant to this Ordinance exceed the Special Tax Requirement as calculated by the City pursuant to the Establishing Ordinance and the Special Tax Roll and Report; and provide the County tax collector of Kendall County the amended Special Tax Roll. On or before the last Tuesday of January for each of the years 2008 through 2035 the City shall notify the Trustee and the Notice Beneficial Owners (as defined in the Indenture) of the amount of the Special Tax Requirement for each Series of Bonds issued pursuant to the Indenture and the amount of the Special Taxes to be abated. The City shall take all actions which shall be necessary to provide for the levy, extension, collection and application of the taxes levied by this Ordinance, including enforcement, of such taxes as provided by law but only as set forth in Section 7(a)below. The Special Taxes levied as provided above shall be deposited in the Bond and Interest Fund created pursuant to the Indenture and are appropriated to and are irrevocably pledged to and shall be used only for the purposes set forth in Section 7.1 of the Indenture. Section 7. Special Covenants. The City covenants with the holders of the Bonds from time to time outstanding that it(i) will take all actions which are necessary to be taken(and avoid any actions which it is necessary to avoid being taken) so that interest on the Bonds will not be or become included in gross income for federal income tax purposes under existing law, including without limitation the Internal Revenue Code of 1986, as amended (the "Code"); (ii) will take all actions reasonably within its power to take which are necessary to be taken (and 5 CHI2_603656.3 avoid taking any actions which are reasonably within its power to avoid taking and which are necessary to avoid) so that the interest on the Bonds will not be or become included in gross income for federal income tax purposes under the federal income tax laws as in effect from time to time; and (iii)will take no action or permit any action in the investment of the proceeds of the Bonds, amounts held under the Indenture or any other funds of the City which would result in making interest on the Bonds subject to federal income taxes by reason of causing the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or direct or permit any action inconsistent with the regulations under the Code as promulgated and as amended from time to time and as applicable to the Bonds. The Mayor, City Clerk, City Treasurer and other Authorized Officers of the City are authorized and directed to take all such actions as are necessary in order to carry out the issuance and delivery of the Bonds including, without limitation, to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds and other moneys held under the Indenture in order to establish that the Bonds shall not constitute arbitrage bonds as so defined. The City further covenants with the holders of the Bonds from time to time outstanding that: a. it will take all actions, if any, which shall be necessary in order further to provide for the levy, extension, collection and application of the Special Taxes imposed by or pursuant to this Ordinance or the Establishing Ordinance, including enforcement of the Special Taxes by providing the County of Kendall with such information as is deemed necessary to enable it to include the property subject to the delinquent tax in the County Collector's annual tax sale and in the event the tax lien is forfeited at such tax sale by instituting foreclosure proceedings all in the manner provided by law; provided, however, that the obligation to institute any foreclosure action shall only arise in the event the City makes the determination that the proceeds from each foreclosure action have a commercially reasonable expectation of exceeding the costs thereof; b. it will not take any action which would adversely affect the levy, extension, collection and application of the Special Taxes, except to abate the Special Taxes to the extent permitted by the Special Tax Roll and Report and as provided in this Ordinance; and c. it will comply with all present and future laws concerning the levy, extension and collection of the Special Taxes; in each case so that the City shall be able to pay the principal of and interest on the Bonds as they come due and replenish the Reserve Fund to the Reserve Requirement and it will take all actions necessary to assure the timely collection of the Special Taxes, including without limitation, the enforcement of any delinquent Special Taxes as described in paragraph(a) above. Section 8. Additional Authori ty. The Mayor,the City Clerk and the other officers of the City are authorized to execute and deliver on behalf of the City such other documents, agreements and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to effectuate the intent and purposes of this Ordinance, including without limitation to make any representations and certifications they deem proper pertaining to the use of the proceeds of the 6 CHI2_603856.3 Bonds in order to establish that the Bonds shall not constitute arbitrage bonds as defined in Section 7 above. Section 9. Filing of Ordinance. The City Clerk is directed to file a certified copy of this Ordinance, and an accurate map of the Special Service Area, with the County Clerk of Kendall County. Section 10. Severability. If any section, paragraph, clause or provision of this Ordinance (including any section, paragraph, clause or provision of any exhibit to this Ordinance) shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other sections, paragraphs, clauses or provisions of this Ordinance (or of any of the exhibits to this Ordinance). Section 11. Repealer, Effect of Ordinance. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this Ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be effective upon its passage and publication as provided by law. 7 CHI2_603656.3 PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this day of March,2006. VOTING AYE: VOTING NAY: ABSENT: ABSTAINED: NOT VOTING: APPROVED: Mayor ATTEST: City Clerk 8 CH12_603656.3 Exhibit A Legal Description of the Special Service Area PARCEL 1: THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST,ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH 38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40 SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET (19.68 CHAINS) TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY FROM THE CHI2_603856.3 POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS. PARCEL3: THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS DOCUMENT NUMBER R85-5973, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS). PARCEL 4: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT . 2 CH12_603856.3 THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S. HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS. PARCELS: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING 3 CHI2_603856.3 IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27, IN BRISTOL LAKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 137733 IN PLAT BOOK 10, AT PAGE 58, ON MAY 10, 1962; THENCE SOUTH 33 DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE CENTERLINE OF KENNEDY ROAD; THENCE NORTH 55 DEGREES 00 MINUTES 21 SECONDS EAST 299.54 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE SOUTH 34 DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET; THENCE SOUTH 55 DEGREES 00 MINUTES 21 SECONDS WEST 306.92 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES 35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47 DEGREES 27 MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 65.00 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET; THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 588.35 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE 34 PER GRANT DATED APRIL 13, 1923 AND RECORDED APRIL 18, 1923 IN BOOK 76, PAGE 82, AND BY GRANT DATED APRIL 7, 1923 AND RECORDED APRIL 18, 1923 IN DEED RECORDED IN BOOK 76, PAGE 30; THENCE SOUTH 55 DEGREES 12 MINUTES 58 SECONDS WEST 997.93 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 38 DEGREES 09 MINUTES 48 SECONDS WEST 891.55 FEET; THENCE NORTH 55 DEGREES 13 MINUTES 34 SECONDS EAST 1,080.56 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. PINS: Parcel 1: 02-22-176-004 Parcel 2: 02-22-127-001 and 02-15-376-001 Parcel 3: 02-22-251-002 Parcel 4: 02-22-251-002 Parcel 5: 02-22-400-001 4 CHI2_603856.3 Exhibit B Indenture CHI2_603856.3 Exhibit C Bond Purchase Aereement CHI2_663656.3 Exhibit D Public Infrastructure Agreement CHI2_603856.3 Exhibit E Preliminary Limited Offering Memorandum CH12_603656.3 Exhibit F Agreement for Consultine Services CH12_603856.3 Exhibit G Agreement for Administrative Services CH12_603656.3 ORDINANCE NUMBER: AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,TO SET A DATE FOR A PUBLIC HEARING ON THE PROPOSED DOWNTOWN TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA AND TO APPROVE A PUBLIC NOTICE FOR THE HEARING BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, (the"City") as follows: Section 1. It is necessary and in the best interest of the United City of Yorkville that a public hearing be held prior to the adoption by the City Council of an ordinance or ordinances establishing the United City of Yorkville Downtown Tax Increment Financing Redevelopment Project and Plan and the United City of Yorkville Downtown Tax Increment Financing Redevelopment Project Area and, accordingly, it is necessary that a date for such public hearing be established and notice thereof be given, all in accordance with the provisions of the Tax Increment Allocation Redevelopment Act, as amended, 65 ILCS 7/11-74.4-1 etseq. (the "Act"). Section 2. It is hereby determined that a public hearing (the "Hearing") on the proposed United City of Yorkville Downtown Tax Increment Financing Redevelopment Project and Plan for the proposed Redevelopment Project Area, as identified in Exhibit A, attached hereto and made a part hereof(the "Area'), and the same shall be held by the Mayor and City Council of the United City of Yorkville on the 23`d day of May, 2006 at City Hall, 800 Game Farm Road, Yorkville,Illinois, at 7:00 p.m. Section 3. Notice of the Hearing be, and is hereby authorized to be given by publication and mailing, said notice by publication to be given at least twice, the first publication to be not more than 30 nor less than 10 days prior to the Hearing in the Kendall County Record, being a newspaper of general circulation within the taxing districts in the Area, and said notice by mailing to be given by depositing such notice in the United States mail by certified mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area, not less than ten (10) days prior to the date set for the Hearing; provided, however, that in the event taxes for the last preceding year were not paid, notice shall also be sent to the persons last listed on the tax rolls within the preceding three years as owners of such property. Section 4. Notice of the Hearing be, and the same is hereby directed to be in substantially the following form: Public Notice is hereby given that on the 23rd day of May, 2006, the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, will hold a public hearing at 7:00 p.m. in the City Hall, 800 Game Farm Road, Yorkville, Illinois, on a proposed United City of Yorkville Downtown Tax Increment Financing Redevelopment Project and Plan as resulting from a proposed Redevelopment Project Area legally described as follows: See attached Exhibit A The Plan objectives are to reduce or eliminate blighting conditions, in the proposed redevelopment project area, to enhance the tax base of the United City of Yorkville and other affected taxing districts by encouraging private investment within the proposed redevelopment project area, to prevent the recurrence of blighting conditions, and to preserve and enhance the value of properties therein are not to be changed. To accomplish such objectives, the United City of Yorkville proposes to provide public improvements within the proposed redevelopment project area and adjacent thereto, to enter into redevelopment agreements and undertakings for the construction of improvements necessary to develop the proposed project area, all in accordance with the provisions of "Tax Increment Allocation Redevelopment Act," effective January 10, 1977, as amended. The United City of Yorkville may issue obligations secured by the special tax allocation fixed and the fixll faith and credit of the municipality to fmance a portion of the cost of the Plan. By Order of the Mayor and City Council of the United City of Yorkville this 28th day of March, 2006. City Clerk 2 Section 5. Not less than 45 days prior to the date set for the Hearing, notice is hereby directed to be given by mail as hereinabove provided to all taxing districts of which taxable property is included in the Area and such notice shall also include an invitation to each taxing district to submit written comments to the United City of Yorkville, in care of the Deputy Clerk, at City Hall, 800 Game Farm Road, Yorkville, Illinois, 60560, concerning the subject matter of the Hearing prior to the date of the Hearing. Section 6. It is hereby ordered that a Joint Review Board shall be convened within fourteen (14) days following the notice to be given to all taxing districts as provided in Section 5 hereof, to consider the proposed Redevelopment Project and Plan. This Joint Review Board shall consist of a representative selected by the community college district, the unit school district, the county, the township, the fire protection district, this United City of Yorkville and a public member to be selected by a majority of other board members, and shall act in accordance with the applicable provisions of the Act. Section 7. The document entitled 'Downtown Redevelopment Plan and Project" constituting the redevelopment plan for the proposed redevelopment project will be available for inspection and review commencing March 17, 2006, at the United City of Yorkville, City Hall, 800 Game Farm Road, Yorkville, Illinois during regular office hours. Section 8. Notice by publication of the establishment of an interested parties registry which entitles all registrants to receive information on the proposed designation of a redevelopment project area and the preparation of a redevelopment plan has been authorized and has been published. 3 Section 9. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. ADOPTED this day of 2006, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: APPROVED by me this_day of 12006. Mayor Attest: City Clerk 4 EXHIBIT A LEGAL DESCRIPTION for TIF District Boundary 5 United City of Yorkville Memo 800 Game Farm Road ,ea6 Yorkville, Illinois 60560 Telephone: 630-553-4350 09 ° p� Fax: 630-553-7575 r �2 /ALE ``V Date: March 27, 2006 To: City Council,Dept. Heads, Press From: Bart Olson CC: John Crois, City Administrator Subject: Supplemental Packet for March 28, 2006 City Council meeting I This supplemental packet should be added to agenda item 4 as Exhibit A on the Mayor's report. The legal description for the TIF was completed after the packet deadline because of its complexity. 9 `n JAMES M. OLSON ASSOCIATES, LTD. Illinois Professional Land Surveyors Land Surveyors &Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630-553-0050 Fax: 630-553-0964 March 24, 2006 Legal Description for City of Yorkville Downtown TIF District That part of Section 32 and part of the West Half of Section 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest comer of the Northeast Quarter of Section 4, Township 36 North, Range 7 East of the Third Principal Meridian; thence North 01111'52"East parallel with the East line of the Southwest Quarter of said Section 33, a distance of 1356.81 feet to a point on the South line of a tract described in a Quit Claim Deed from Palos Bank and Trust Company, Trust No. 1-1620 to Bruce O. and Virginia J. Buhrmaster, his wife, recorded as Document No. 83-5890 on December 23, 1983 which is 45.43 feet westerly, as measured along said South line, of the Southeast corner of said tract; thence South 88 048'09"East 45.43 feet to said southeast corner; thence North 88 048'09" West along said South line 415.06 feet to a westerly line of said tract, thence North 0101 1'52"East along said westerly line 246.0 feet to a southerly line of said tract thence North 88 048'09" West along said southerly line to the West line of the former Fox and Illinois Union Railway Company right-of-way; thence North 08 010'52"East along said West line to an "old claim line"drawn southeasterly from the Southeast comer of Price's First Addition to Yorkville; thence northwesterly along said "old claim line"486.54 feet to the Southeast corner of said Prices'Addition; thence northerly along the East line of said Price's Addition 367.63 feet to the Northeast comer thereof,- thence westerly along the North line of said Price's Addition 526.3 feet to the midpoint on the South line of Block 13 of Black's Addition to Yorkville, thence northerly 297.85 feet to the midpoint on the North line of said Block 13; thence westerly along the South line of VanEmmon Street 119.50 feet to the East line of Mill Street thence southerly along said East line to the South line of Lot 6 in "Ter-Jac Subdivision"extended easterly; thence westerly along said extended South line, said South line and said South line extended westerly 164.5 feet to the West line of the East 6 feet of Lot 1 in said "Ter-Jac Subdivision'; thence southerly along said West line 84.11 feet to the South line of said Lot 1; thence westerly along said South line of Lot 1 a distance of 190.0 feet to the West line of Heustis Street thence northerly along said West line to a point which is JAMES M. OLSON ASSOCIATES, LTD. Illinois Professional Land Surveyors Land Surveyors &Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630-553-0050 Fax: 630-553-0964 234.30 feet southerly of, as measured along said West line, the South line of VanEmmon Street; thence westerly along a line which forms an angle of 92 116' with the last described course, measured clockwise therefrom, 175.0 feet; thence southerly parallel with said West line of Heustis Street 80.0 feet, thence westerly parallel with the penultimate course 52.0 feet, thence southerly along a line which forms an angle of 88°23' with the last described course, measured clockwise therefrom, 263.50 feet, thence westerly along a line which forms an angle of 88 044' with the last described course, measured counterclockwise therefrom, 188.0 feet to the East line of Bell Street; thence southerly along said East line 259.04 feet to the South line of Fox Street; thence westerly along said South line of Fox Street to the East Line of Illinois State Route No. 47; thence southerly along said East line to the South line of Lot 6 in Block 5, Mason's Addition to Yorkville"'thence westerly along the South line of Lots 6 and 7 in said Mason's Addition to the West line of said Route No. 47, thence southerly along said West line to the South line of a tract of land described in a deed recorded January 28, 1988 as Document 880498, thence westerly along the south line of said tract and the south line of a tract described in a deed recorded February 6, 1990 as Document 900871 to the west line of Lot 5 in Block 11 of the Original Village of Yorkville extended southerly, thence northerly along the West line of Lots 5 and 4 in said Block 11 to the Southeast corner of Lot 2 in said Block 11; thence westerly along the South line of said Lot 2 and said South line extended to the West line of South Main Street, thence northerly along said West line to the South line of VanEmmon Street; thence westerly along said South line to the East line extended southerly of Lot 3 in Block 4 of Black's Addition to Yorkville extended southerly, thence northerly along said extended East line and said East line to the Northeast corner of said Lot 3, thence northerly along the East line of Lot 4 in said Addition 40.30 feet; thence easterly along a line which forms an angle of 89°15'with the last described course, measured counterclockwise therefrom, 38.8 feet; thence northeasterly along a line which forms an angle of 136 000' with the last described course, measured clockwise therefrom, 14.1 feet; thence northerly along a line which forms an angle of 225°57' with the last described course, measured counterclockwise therefrom 32.0 feet thence easterly along a line which forms an angle of 109°53' with the last described course, measured counterclockwise therefrom, 64.33 feet to the West line of Adams Street; thence northerly along said West line 27.0 feet to the North line of said Block 4; thence westerly along said North line 223.82 feet to the JAMES M. OLSON ASSOCIATES, LTD. Illinois Professional Land Surveyors Land Surveyors&Land Planners 107 West Madison Street Yorkville, Illinois 60560 Phone: 630-553-0050 Fax: 630-553-0964 East line of Morgan Street; thence southerly along said East line 240.55 feet to the center line of VanEmmon Street; thence westerly along said center line and the center line of vacated VanEmmon Street and said center line extended westerly to the East line of Lot 3 in Block 24 of said Black's Second Addition; thence northerly along said east line to the south line of the north 143.0 feet to said Lot 3; thence westerly along the south line of the northerly 143.0 feet of Lots 3 and 4 in said Block 24 to the west line of said Lot 4; thence southerly along said west line to the north line of Madison Court thence westerly along said north line to the west line of Madison Court; thence southerly to the Northeast corner of Block 23 in said Black's Second Addition; thence westerly along the North line of said Block 23 a distance of 198.0 feet to the Northwest corner thereof; thence southerly along the West line of said Block 23 a distance of 190.0 feet to the South line of Madison Street extended westerly; thence westerly along said extended South line 58.22 feet to a line drawn parallel with and 100.0 feet westerly of the West line of Lot 7 in Block 21 in said Black's Second Addition; thence southerly along said parallel line 99.91 feet to the South line extended westerly of said Lot 7; thence westerly along said extended South line 172.07 feet to the East line of White Oak Farm Unit 1; thence northerly along said East line, said East line extended and the East line of White Oak Farm Unit 2 to the southerly bank of the Fox River, thence easterly along said southerly bank to a line drawn South from the confluence of Blackberry Creek, thence North along said line to the North bank of the Fox River, thence easterly along said North bank to the eastern corporate limits of the United City of Yorkville, thence southerly along said corporate line to the East line of the Southeast Quarter of said Section 33; thence southerly along said East line to the point of beginning in the United City of Yorkville, Kendall County, Illinois. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING AGREEMENT WITH SCHOPPE DESIGN ASSOCIATES,INC. FOR PROFESSIONAL SERVICES WHEREAS,the City Council of the United City of Yorkville has considered approval of an agreement with Schoppe Design Associates, Inc. for Professional Services; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Agreement in the form set forth in Exhibit"A"is hereby approved,and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE i Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 1 CITY 0000 4C R-- 'Py� United City of Yorkville Memo 800 Game Farm Road EW.. iax Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <G E Date: March 23, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Sponsorship Policy Amendments As requested, I've amended the Sponsorship Policy to provide that the Human Resource Commission shall be authorized to approve requests. I've added a reporting requirement so that the Council would be advised of the approvals. (See the change to both the Policy and the Request Form)Reviewing the Application Form, and comparing it to the Policy,I also found it necessary to clarify in the policy that organizations are limited to $250 per year. Pending requests have been submitted for an Easter Egg Hunt(April 8th), Senior Prom(April 21'), and a Craft Fair,May 13th. Copies of the applications are attached for your review. I note that the applications do not appear to have the actual applicants' names. This is evidently a product of being completed by a new staffer at Senior Services. I'll try to track down the applicants' identities and have them available prior to Tuesday's City Council meeting. Your approval of one or more of these applications would avoid the need to return the request to HRC. (In particular,the Easter Egg Hunt is only two weeks away.) Thereafter, the new policy would go into effect, i.e.,HRC approval with notice to the City Council. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO.2006- RESOLUTION ADOPTING UNITED CITY OF YORKVI LLE SPONSORSHIP POLICY WHEREAS,the City Council of the United City of Yorkville established a policy for sponsoring worthy events under predetermined guidelines by its Resolution 2005-35 passed by the City Council on June 28, 2005 and amended by Resolution 2005-58 passed by the City Council on September 13,2005; and WHEREAS,the City Council desires to update the policy by authorizing that the Human Resource Commission shall have authority to approve requests,and to set a limit of$250 per year per organization which is consistent with the previously approved request form, and WHEREAS, a copy of said updated policy and request form is attached hereto and incorporated herein as Exhibit"A"and said Exhibit A shall supersede and replace the policy and related request form attached to Resolution 2005-35,and as amended by Resolution 2005-58 and become the Sponsorship Policy(and related form)of the United City of Yorkville. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the UNITED CITY OF YORKVILLE hereby adopts the updated Sponsorship Policy(and related request form)attached hereto and incorporated by reference herein. This resolution is effective immediately upon passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me,as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County,Illinois this day of ,A.D.2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 a=♦,��0 c/r% United City of Yorkville ,aw Sponsorship Policy o `!' <LE tyV What is Sponsorship? Sponsorship is an effective marketing and communication tool used by many businesses, organizations and government agencies, regardless of their size. Sponsorships are not donations, the City expects their sponsorship will provide a measurable return or benefit for the residents or businesses of Yorkville. The general aim of sponsorship is to raise the profile of the sponsoring organization, to sell products or services and to reach particular target audiences. Sponsorship also promotes a positive awareness of the organization with residents, customers, potential customers and the community. Sponsorships are structured in the form of direct financial assistance, or"in kind" sponsorship, which involves the sponsor providing equipment or resources. In kind may be limited due to available equipment, manpower, or other City required events, work, or projects. The affected Department for the resource allocation will be monitored or determined by the Department Head. Sponsorship Guidelines The United City of Yorkville receives a number of sponsorship requests, which unfortunately makes it difficult for us to accept or sponsor every event. We have outlined a series of guidelines to help with the selection of sponsorship events. Guidelines are updated annually and may change from year to year based on the mission and goals of the City Council. All sponsorship requests and proposals shall be submitted to the Human Resource Commission for approval. The Human Resource Commission shall report all approved sponsorships to the City Council.�Spgnsorship amounts are awarded - Deleted:reviewwdha on a first come, first served basis, based on available funds within the fiscal year budget. recommendation to city Coundl. Amounts are also limited to$250 peryear, per organization. This policy does not apply to___- Deleted:Arnouma win no be more events in which the City is a joint partner, such as the 4m of July or Rivertront Festival. +hen$250.o0 for any=Zcl'.event. Sponsorship Categories If you would like the United City of Yorkville to consider support for your charity, arts, community, social or health, education or sporting activities you will need to submit a proposal. Our main criteria is for the direct benefit for the residents or businesses of Yorkville. What we will not sponsor Political or campaign sponsorships 1 HRC Revised 8/17105 CC Approved 9113/05 Events that contravenes gaming rules or regulations Events or Organizations that do not fulfill the City's missions or goals Events or Organizations that do not serve or benefit Yorkville residents or businesses For Profit events What the United City of Yorkville should know about you Please include the following information with your written proposal: • Event description • Event detail (date/time/place) • Contact Person • What is the purpose of your organization? • How does your organization benefit the Yorkville community? • Category of your event/organization • Specific sponsorship request(e.g., in kind, City facility/park, staff) • Non-for Profit Status, if applicable Please submit proposals for event sponsorship to: United City of Yorkville C/o Sponsorship Request 800 Game Farm Road Yorkville, IL 60560 2 HRC Revised 8117105 CC Approved 9/13105 REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORKVILLE PLEASE NOTE: All requests must be received by the City Clerk United City of Yorkville, 800 Game Farm Roaci, Yorkville, IL 60560, at least 60 days prior to your event for submittal to the Yorkville Human Resource Commission (HRC), which meets on the third Wednesday of each month. For example: if your event is to be held on September 15's,your request should be in the City office no later than June 30`h to be considered at the July HRC meeting. Requests are limited to$250 per year,per organization Event Date/Time: / Location: Name of Organization Address City State Zip Phone: Fax:(� - Name of Contact Person/Title / Approximately how many Yorkville residents does your organization serve each year? What is the purpose of your organization? How does your organization benefit the Yorkville community? Is your event considered to be(please check all that apply): Fine Arts _Sports _Community _Scouting Religion-based _Other non-profit Who will benefit from the funds raised? Youths_Adults_Seniors_Disabled persons Please check one: _Cash or "In Kind' If cash,amount requested: $ If"In Kind,"are you in need of Staff? _Yes No If yes,number of hours Time: OR _Building space Name of City facility/park to be used PLEASE NOTE.If requesting staff time or use of building facilities/park, both are subject to availability on the date you have chosen. DEPOSIT FEES WILL NOT BE WAIVED. IF FACILITIES ARE RETURNED TO SAME CONDITION AS BEFORE USE, 100% DEPOSIT REFUND WILL BE RETURNED WITHIN 10 BUSINESS DAYS. For Ofhce/HRC use only HRC Approved: Date: $ or —"in kind" OFFICE: Date Received: Building/facility Requested: Requested Facility/Park: _Available Not Available Signed: Requested Staff: _Available _Not Available Signed: Date of Notice to,by City Council: Deleted:Approved _ ___________________________________,- Date Not Approved Reason: HRC Revised 08117/05 CC Approved 09/13/05 MAR-22-2006 16:55 FROM:000NTRY INSURRNCE RN 630 406 8199 TO:5537575 P:3/8 _ L I "QUEST FORM FOR SPONSORSHIP FROM rHE UNITED CITY OF YORE VILI T? pL&4Sg NOTE: All reguexls must be received by the City Clerly Unrted C?ty of Yorkvldl� &DD Game Farm Road yarkvtJle, XL 605tiD, at least 6D days prior to your event for submittal to the Yorkville Hranovi Resource Commission (HAQ, which was on the third Wednesday of each month. For example: Jf your event is to be held on September 15a,Yam re?uest should be in the CSty o�lce no Titer than June 30'�robe i considered at the July.J`WC meeting g l iz coon: Events � DetrJiame L�o4_ g� ra n n agar- cc �n c NameoFOrgenixaltion,�T Address 0 Cr FYYYI t FrA4Z2 m (?d _City D J 1 91ate x� Zip o i fie; ,&T_3 -1 Fax:(,o Name of Contact remowTitle Approximately haw many Yorkville residents does your organization serve each year? What is the purpose of your orgarivalian7 toss or 7 How does ymr organization benefit the YO&;r lie:cotnmunitfi i Is your event considered to be(please check all that apply): —T7iae Arts _ P k/Comtaumty - —ltcligi on-based Other nOolmf:t Whowiffbenefit�—" A "A? Youths L,-AdvIts—Seariors_Disabled Pomona piease check one: —cash of —*,In In J ind' if oa9,amount reclue W: $ Tf"in Kinrl,"are you in need of SI&M yes ,—,NO if yes,mamber of how i5me OR ✓Bugaag ski Nema of City f0d ty/park to bo used A PS6 ND If tryrtasA[ng $`time ar rrse of btaVddi4&forilideet�rask, Loth era subfaot m aardlebllfty on the dateyou Gavle chosen. i DEFOSrr >UlM WILL =1 M WAMM. IF YACIf.IT ZS AM MTMM TO SAM COMMON AS MWOM UM 100% D"IO$rr gwuM V= 9R RVnTRNM WMM 10 sdsa�tsse nays. ForOfBctrWFIC um Only HRC Approved: pate: —.-- eq "In Idnd" OFFICE: Date Received: Suildinghollity Requested: Requested pacilfly/park: —Avaloble —Not Available Signed: Requested Staff: —Available _..Not Available Signed: Data Approved by City Council: — pate Not Approved Reason: owo App"d 09//28/0 MAR-22-2006 10:56 FROM:000NTRY INSURANCE AN 630 406 8199 TO:5537575 P:4/8 i 1172104 revlatan oli of Yorkville Pads&Recreation Dept. policy 3 Attachment A Year. BEECHER BUILDING ROOM RESERVATION FORM 908 Garlic•Farm Road, Yorkville, IL 80580 630553-4357 Group or Individual Name t G Y Number of attending:— .0 Percentage of Yorkville Residents: 7n?e Type of organization: Private resident Not for Profit;-. Far Profd' other Contact Person: K6a,4t1U `Aftess � ' •-la- Home Phone: — Work Phone: . F— -- �� Date(s) of request: ' �.b�"/� I� �' �- l�Ao.�o•+-t.• ��'S .dirt 1 J Time(s): Include setup and cleanup time: /2 Room requested:•(t`choice, 2nd choice and 3'd choice): Perkins West Austin_ Perkins East' Perkins Full Kitchen Capacity-25-30 60-65 - 150-200 250-275 Special Needs Security'deposits will be forfeited if any of the•following is not completed tables.and chairs Cleaned and returned to racks, garbage taken out of the building, floors cleaiad, bathrooms checked and picked up, all decorations or tape rbmoved for the rooms, dgors locked and all damages reported to Park and Recreation staff; OR if damage occurs as a rosuk oemisuso oi� abUsa to the City of Yorkville Park and Recreation equipment or property. Inspscgbns will be completed following your event by a City of Yorkville Park and Recreation Depattment-Staff. Individuals miy be assessed additional charges'for extending times past the scheduled reservation. I have read.and agree to follow and abide to the-rules and regulations set forth by fhe City of Yor! ill . — ---._ Signed �YN1111 IIYY YY NNNYYY YYY YYYNN NNN YY NYN YNYNY•�9NNYYNYYYYN�YYNYYY�YYYYYY Nw YN NNN YY�YY�NMNY■ ' OFFICIAL USE Reservation Amount Deposit amount pate of Request Date Received inspection Completed Approved/Denied Refund Requested Room Assigned Keys Assigned Keys Returned MAR-22-2006 10:56 FROII:000NTRY INSURANCE AN 630 406 6199 T0:5537575 P:5/8 L. I REQTMEST FORM FOR SPONSORWIP FROM THE T]NrrEA CITY OF YORKVILLE II City of Pll~i.4Sg NOTE: Ill requests must be received by the your event for submival o the Yorkville HOW hood yorkville. Z 6056Q. at least'60 day p o each month For exmaapfe ff your Resaaocs Commission ( S houfd be tin the City O&B ua later than June 30"ro be - event is to he held on siombar wm*ered at the AdyHRC meeting. tee m 50 oe;r year ner ar�nizati� � I i EveEl � orn DrJW / a ,-L� •Inafn p Name of orjrnizatUon, �� L1 Addrene X10-6 Cram FA-(2m-�--City Stets P Phone: name o£Ccatact PeMOM/Ti:tle_� , — pppma9maoely bow many Yorkville residents does your organization serve each year? WhetiRthepmposeo£yaurargAalTEtlatl? * nbmw5t the Yorkville cmnanuuW Ziow does your orgaaiz� i Is your event considered to be(pfeame check all that apply): I LftoArts —39PartS ✓ Community �Smutin& ---Religion b8=4 Od=norrproSt ;. i Who will benefit from the feeds raised? Youths_...-�4dOt5--Seariors —Disabled I3isabled peneons I£ Innount ted: $ Please cheek awe Gash or In Kind , l if".In Kfmt,°'are you is need of Staffl Yes _.No If yes,number oEhouts �►� Name. � e � ctoboused OR ✓�m1di�BsPt � oPCity£ laty/pak pygrtSB No7�:If requacnEng+�` rbne ar use of btdGGng factilttlGS/QarX. barb arc subJeet to rc►ar1Gr!pllftl'on the i da YowkarechowL TO "WX MOW W1LZ. W . �7AIV1,�O. W WILi. 219 � � 1O CONDITION AS I3S60RS U6R. 10096 I1B�'081Y SdBlh DAYS. �t7lRcerH1>'C use only HRC Approved: _ bate: S T or °In kind" OFFICE: Date Received: BulldingRaclllly Requested Requested 1=adky/Park: —.Avanehle —Not Avanable Signed: Requested Staff: ,.._Avallablo ..-.-NotAvallabls Signed: Date Approved by City Council: pate Not Approved_ _ - Reason: cApprvna,00/x5/09 MAR-22-2006 10:56 FROM:000NTRY INSURANCE AN 630 406 8199 To:5537575 P:6/8 1/12104 revtslon Cif ofYorkvhioParks ReereationDoptponcy3 AttachmentA Year BEECHER BUILDING ROOM RESERVATION FORM 908 danie Farm Road,Yorkville, 14 60560 630 553-4357 -)- Group or Individual Name • •en 19?;• �2-r^k) 1�6t S u 4�,S L Number of attending: _ Percentage of yorkvilla Residents:—5'D y Type of organization: Private resident—Not for Profit�-� For Profit. Otheeer Contact Person: e. Address Home Phone: Work Phone, 6 o - 13- SZ�2-:2 Date(s)of request: _1 ..00�a Time(s): Include setup and cleanup time: Room requ6sted:.(lot choice,2nd choice and 3"f choice): Perkins West Austin— Perkins East'' Perkins Full ✓ Kitchen Capacity 2.5-30 60-65 150-200 250-275 Special Needs Security deposits will be forfeited if any of the-following is not completed tables•and chairs cleaned and returned to racks, garbage taken out of the building, floors cleariod, bathrooms checked and picked'up, all decorations or tape removed for the rooms, donors locked and all damages reported to Park and Recreation staff, OR if damage occurs as a result of misuse or' abuse to the City of Yorkville Park and Recreation equipment or property. Inspections will be completed following.your event by a City of Yorkville Park and Recreation Department Staff. Individuals nary, be assessed additional charges for extending times past- the scheduled reservation. I have read,and agree to follow and abide to the rules and regulations set forth by the City of Yo iH Signedte: 0 (� NNNNNNX NNNNNNNXX�NIINY•NNN•NNXNXNNNNY NI1M 1111,INXNNNNN NXX NNXXNXAXNYNNN NNNNYYNI,lii N1111N11 AI ' 0FP1CM USE Reservation Amount Deposit amount We of Request Date Recelved Inspection Completed Approved/Denied Refund Requested Room Assigned Keys Assigned Keys Returned MAR-22-2006 10:57 FROM:000NTRY INSURANCE AN 630 406 8199 TO:5537575 P:7/8 L j I REQUEST FORM FOR SPONSORSHIP FROM THE UNITED CITY OF YORK'VILLE PldulSTs AtOM All requests must be received by the City Clerk United MY of Yorkvilk 800 Came Farts Road, Yorkville. )L 60560, at teaw '60 days prior to your event for submittal to the yarkvf4ile Human Resource Commission (MC), which meets on the third Wednesday of each month. For awmpre: if your event is to be held on September 154,Your request should be In the City 00e no later than lone 300 to be comidered at the July HRCmeering. Reaae°�°�^rr p�� p nee veo£.Der omen zatfon Evart 0 I2Az:T Loaatton: r d. Name of Organization Qn " 'kddress n� �r Fa/2m City o K �,t J l2 StatoL Zip o3 Phone: aLAJSS3 .S77 7 Pax: Name of contmx PersonlI we j 14 r ix Approximately bow many Yorkvilla resideats does your organization serve each you? i What is the purpose of your organizWon? r (SsF S' v, n r i I-low does your organization bme&t the Yorkville community? I t is your evert considered to be(please check all that apply): ,/FineAzts Sports ✓Commm>ily _ J4aruting �L-Von based Otherrion-MOt j Who will benefit here the flmds raised? Youths—Adults Seniors✓Disabled persons Pka7se check one: –gash or �In%i»d' If cash,amount rovested: $� If"in Kh4l,are you in need of StaM Yes --NO if yes,number o£how 'lime: —(3Y OR ✓]3uilding space Neuna of city faciiity/park to be used C.412 y' � PAJUSS NOTE. Xf requesting s*ff d e or use of bulfding forxJi mVpank both are subj9O to avaNgb ft oe the date you hate rhoser� VZpOgIr nzs WD:L = SS WAMED. W YACRX=S AR$ RWrMMM To BARB CO NDMON AS MWORIC VIM, 100% DRPOSTT REFUND W= 82 Rtl:i'[fRMM Wt9M 10 aysmva�se.DAXt3. Par OAVOSWRC rmeo»ly' HRC Approved: Date: ii; —"in Idnd" OFFIM j Date Received: Suildinglfadily Requested: j Requested Facilriy/Park: _Available —Not Available Signed: • I Requested Staff: ,—Available Not Available Signed: j Pate Approved by City CounDll: Date Not Approved____ Reason: • gas xwrua as/aa/oa cc Approe.d oe/zeros F MAR-22-2006 10:57 FROM:000NTRY INSURANCE AN 630 406 8199 T0:5537575 P:8/8 - i 1/12104 ravislon It of Yorlcvlrle Parks&Recreation Dept policy 3 Atbmhment A Year BEECHER BUILDING ROOM RESERVATION FORM 908 Gartie'Farm Road, Yorkville, IL 60560 630553-4357 Group or Individual Norris-ten t tar J r?r,V 1�G�S � ijcrS�• � Number of attending: � Percentage of Yorkville Residents:�b y Type of organization: Privatoncsident_ __Not for Profit_L/ For Profit^ other.. Contact person: 2 Address 90$��?6 Home Phone: Work Phone: a - Date(s) of re eat, L3 200& Time(s): Include setup and cleanup time: Room requested:psi choice, 2nd choice and 3rd choice): Perkins West . Austin Perkins East-. Perkins Full!�Ktchen Capacity 25-30 60-65 150 200 250-275 Special Needsi Security deposits will by forfeited if any of the 4bilouving is not completed tables•and chairs cleaned and returned to racks, garbage taken out of the building, floors cleaned, bathrooms checked and picked-up; all decorations or tape removed for the rooms, doors locked and all damages reported to Park and Recreation staff; OR if damage occurs as a re§ult of misuse or abuse to the City of Yorkville Park and Recreation equipment or property. Inspections will bb completed following your event by a City of Yorkville Park and Recreation Department'Staff. Individuals m4y' be assessed additional charges for extending times past' the scheduled ' reservation. I have read-and agree to follow and abide to the rules and regulations set forth by the City of Yuri _.__..:.._ •.. _ . .-.-._. r Signed 7X te: YYrY1111YYYYYYII YY/YgI,I,YY Y YYYYYYYYYYYYYYYY•AAII IIYYYYYYY\111YYY Yq YY1�YYYYYYIIY YYY YYII IIYYYYY OPP/CIAt USE Reservation Amount Deposit amount Date of Request Date Received Inspection Completed Approved/Denlod Refund Requested Room Assigned_ Keys Assigned Keys Returned ciry� United City of Yorkville Memo 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE Date: March 23, 2006 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Parking Ordinance, Amendment to change from 100%to 80%Agreement to Opt out for Cul de sacs Attached is the amendment which changes the Opt Out petition amount from 100%to"more then 80%". Chief Martin and I discussed a possible change to Paragraph"A"concerning streets without curbs. We concluded that no change is necessary at this time. The overnight prohibition does not apply to streets without curbs. Please feel free to contact me regarding this issue (553-8570). STATE OF ILLINOIS j ss DRAFT COUNTY OF KENDALL ) ORDINANCE No. 2006- ORDINANCE AMENDING ORDINANCE 2005-095 AMENDING CITY CODE TITLE 6–TRAFFIC, REGARDING OVERNIGHT PARKING AND RESTRICTIONS ON PARKING OF COMMERCIAL VEHICLES Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code (Title and Chapter as referenced above) regarding Overnight Parking, and specifically the provision allowing residents of a cul de sac to petition to "Opt Out" of the prohibition (Paragraph D of new Code Section 6-2-6, attached as Exhibit "A"of Ordinance 2005-095), and Whereas the Mayor and City Council have discussed that it may be prudent to amend said ordinance to change the current requirement of 100% agreement in a petition to opt out by reducing the amount to more than 80% agreement in a petition to opt out. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that Title 6—Traffic, and specifically Paragraph D of Section 6-2-6 (which as enacted by Ordinance 2005-095) of the City Code of the United City of Yorkville is hereby amended by amending by deleting"100%" and substituting therefore "more than 80%". The remaining portions of the Ordinance shall remain unchanged. This Ordinance shall be effective upon its passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT "A" STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No.2005-� ORDINANCE AMENDING CITY CODE TITLE 6 --TRAFFIC REGARDING OVERNIGHT PARING AND RESTRICTIONS ON pARKING OF COAU ERCIAL VEHICLES and considered Whereas the United City of Yorkville has taken up, discussed amending the City Code,Title 6—Traffic regarding restrictions on overnight parking and restrictions on parking commercial vehicles on City streets, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Title 6—Traffic, Chapter 2—Parking Regulations by adding new Section 6-2-6 depicted on the attached Exhibit"A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVIL.LE,upon Motion duly made, seconded and approved by a maj ority of those so voting,that Chapter 6—Traffic, Chapter 2— Parking Regulations of the City Code of the United City of Yorkville is hereby amended by adding New Section 6-2-6 as depicted on the attached Exhibit"A". Current Sections 6-2-6 (Towing Illegally Parked Vehicles) and 6-2-7 (Penalties) shall be renumbered as 6-2-7 (Towing Illegally Parked Vehicles) 6-2-8 (Penalties). This Ordinance shall be effective as of March 1, 2006 WANDA OHARE JOSEPH BESCO VALERIE BURR _ PAUL JAMES DEAN WOLFER MARTY MUNNSj_ ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall Y a o � s d --�-� A.D. 2005. County, Illinois, this `3 D MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this ^�day of A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 (came Farm Road Yorkville,IL 60560 Exhibit"A" TITLE 6—TRAFFIC, CHAPTER 2,PARKING REGULATIONS NEW SECTION 6-2-6 RESTRICTIONS ON OVERNIGHT PARKING AND COMAMRCIAL VEHICLE PARKING A. Prohibition on Overnight Parking: No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device at any time between the hours of 1:00 am. and 6:00 am. on a street of the City of Yorkville, except that this prohibition shall not apply to any street that has no curb. B. Temporary Exemption from Overnight Parking Restriction: A resident may request a temporary exemption for vehicles owned by them or a guest at their residence. This request must be made by calling the police department at its non emergency number [630-553-4343). When making the request,the resident must provide the resident address,the vehicle's license plate number and state, and the make/model/color of the vehicle. The resident must also provide the date(s) for which the exemption is requested. Exemptions shall be limited to three consecutive nights per request and limited to ten requests per calendar year. C. Standing exemption dates; Knowing that several times per year involve travel to the United City of Yorkville, and guests for the residents of the City, the Prohibition set forth in Paragraph A, above, shall not apply to the following times (mornings 1:00 am to 6:OOam : • Memorial Day Weekend, mornings of Sat., Sun., Mon., • Labor Day Weekend,mornings of Sat., Sun., Mon., • Thanksgiving Weekend, mornings of Thursday—Mon., • Mornings of December 22,through January 2 D. Opt out of Prohibition (Cul de sac, only): The City Council may consider granting a petition to opt out of the prohibition contained in Paragraph A, from the property owners of a cul de sac upon the following events: 1. Submittal of a petition identifying the street name of the cut de sac, and all street addresses fronting on the cul de sac,Parcel Index Numbers (PIN's) for all street addresses, and the desire to opt out 2. One Hundred Percent(100%) agreement among the property owners as evidenced by signatures from the owners of all of the properties fronting on the cul de sac upon the petition. If the City Council approves the petition,the Chief of Police shall add the cul de sac to the list of opted out cul de sacs. The opt out shall have a duration of 24 months and will expire automatically unless it is renewed by the petition process set forth herein. Within the last six months prior to expiration of the 24 month opt out period,the Police Department shall notify all property owners on an opted out cul de sac of the expiration date, and the right to apply for renewal. E. Limitation on Parking of Second Division Vehicles: No second division vehicle, including contractor's trailers and equipment, except those with a license classification of"A"or "B"under the provisions of the Illinois Vehs Code a shall be parked for a period longer than on (1)ho or rendering public tre service at such residential district,except where making premises. D. Fine: $25 per violation. I STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) DRAFT 2.9.06 ORDINANCE No. 2006- ORDINANCE AMENDING CITY CODE, TITLE 3, BUSINESS; CHAPTER 3 LIQUOR CONTROL REGARDING NEW CLASSIFICATION (GIFT BASKET SALES) Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 3, Business; Chapter 3 Liquor Control by adding a classification for Gift Basket Sales, and Whereas the Mayor and City Council have discussed that it may be prudent to amend Section 3-3-4 "Classes of Licenses"by adding a classification for Gift Basket Sales in the text as depicted on the attached Exhibit"A", and correspondingly setting a fee for said license "A", and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting,that Title 3, Chapter 3, "Liquor Control" of the City Code of the United City of Yorkville is hereby amended by adding a new Classification, as depicted on the attached Exhibit"A". This Ordinance shall become effective upon passage. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Kfr)— LitcEtl�) EXHIBIT"A" TITLE 3 BUSINESS,CHAPTER 3 LIQUOR,SECTION 3-3-4(A)(4)Other Licenses NEW CLASS "GBS": Gift Basket Sales Class GBS-Wine/Beer/Champaign Gift Basket Sales a. Authorizes a the licensee to sell alcoholic liquor limited to wine and beer,by a retail __,- oeietea: dealer which is located in an area zoned as a Business Zoning District(B-1,B-2,B-3,or B-4)and which pays Retailer Occupation Tax(commonly referred to as"Sales Tax"), __-_- Deietea: dealer said alcoholic liquor being sold double packaged as part of another product, generally described as a"gift package,or gift basket". Any alcoholic liquor offered for sale shall not be displayed separately from the gift package or gift basket nor shall it be sold separately or delivered separately from the gift package or gift basket. Furthermore, all alcoholic liquor sold under this license classification shall be sold only and strictly for delivery in the gift package or gift basket off premise and shall be consumed off premise. Sale of alcohol,alone,and not as part of a gift basket arrangement is strictly prohibited under this license. All other section of the United City of Yorkville Liquor Control Ordinance shall apply to this license,including by not limited to the Hours or Sale requirements of Section 3-3-12. b. In addition to other application requirements under this Chapter 3,a Class GBS license shall only be issued to applicants who can demonstrate that they are operating a bona fide gift basket business. c. The annual fee for the GBS license shall be$250. d. For the purposes of this license classification,"gift basket"shall be defined as a decorative gift container which may be constructed of wood,metal,plastic,woven rope decorative paper or decorative plastic bag or such similar material,said container to hold not only the wine and/or beer,but also to hold other decorative or gift items to make up the"gift". CLE44 EXHIBIT"A" TITLE 3 BUSINESS,CHAPTER 3 LIQUOR,SECTION 3-3-4(A)(4)Other Licenses NEW CLASS "GBS": Gift Basket Sales Class GBS-Wine/Beer/Champaign Gift Basket Sales a. Authorizes a the licensee to sell alcoholic liquor limited to wine and beer,by a retail dealer which is located in an area zoned as a Business Zoning District(B-1,B-2,B-3,or 134)and which pays Retailer Occupation Tax(commonly referred to as"Sales Tax") dealer said alcoholic liquor being sold double packaged as part of another product, generally described as a"gift package,or gift basket". Any alcoholic liquor offered for sale shall not be displayed separately from the gift package or gift basket nor shall it be sold separately or delivered separately from the gift package or gift basket. Furthermore, all alcoholic liquor sold under this license classification shall be sold only and strictly for delivery in the gift package or gift basket off premise and shall be consumed off premise. Sale of alcohol,alone,and not as part of a gift basket arrangement is strictly prohibited under this license. All other section of the United City of Yorkville Liquor Control Ordinance shall apply to this license,including by not limited to the Hours or Sale requirements of Section 3-3-12. I b. In addition to other application requirements under this Chapter 3,a Class GBS license shall only be issued to applicants who can demonstrate that they are operating a bona fide gift basket business. c. The annual fee for the GBS license shall be$250. d. For the purposes of this license classification,"gift basket'shall be defined as a decorative gift container which may be constructed of wood,metal,plastic,woven rope decorative paper or decorative plastic bag or such similar material,said container to hold not only the wine and/or beer,but also to hold other decorative or gift items to make up the"gift".