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City Council Packet 2006 04-25-06 ciry �z United City of Yorkville 800 Game Farm Road EST. - 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 630-553-7575 <CE tby AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Special Committee of the Whole Meeting Tuesday,April 25,2006 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 Meetine: Ad-hoc: Technology Committee 7:00 p.m., Monday, May 1, 2006 6:30 p.m., Tuesday, May 9, 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, May 4, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday,May 11, 2006 City Hall Conference Room Presentations: None City Council Meeting Agenda April 25, 2006 Page 2 Public Hearings: None Citizen Comments: Consent Agenda 1. PW 2006-57 Raintree Village Unit 1 —Earthwork Bond Reduction#2 - authorize reduction in an amount not to exceed$184,516.13 2. PW 2006-58 Raintree Village Unit 1 —Sitework Bond Reduction#2 - authorize reduction in an amount not to exceed$206,141.26 3. PW 2006-59 Raintree Village Unit 2—Bond Reduction#1 -authorize reduction in an amount not to exceed $2,571,787.42 4. PW 2006-60 Raintree Village Unit 3 —Bond Reduction#1 -authorize reduction in an amount not to exceed $1,546,304.39 5. PW 2006-61 Raintree Village Unit 4—Letter of Credit Reduction 41 - authorize reduction in an amount not to exceed$374,881.88 6. PW 2006-62 Raintree Village Unit 5 —Earthwork Letter of Credit Reduction#2 - authorize reduction in an amount not to exceed$70,213.41 7. PW 2006-63 Raintree Village Unit 5 —Sitework Letter of Credit Reduction#1 -authorize reduction in an amount not to exceed$1,581,230.73 8. PW 2006-64 Raintree Village Route 126 Temporary Entrance—Bond Reduction#1 - authorize reduction in an amount not to exceed $4,551.48 9. PW 2006-65 Fox Hill Unit 6 (Lots 3 &4)—Plat of Easement- authorize Mayor and City Clerk to execute 10. PW 2006-66 Yorkville Business Center(Lot 18)—Plat of Easement-authorize Mayor and City Clerk to execute 11. PW 2006-67 Gruber-Kostal Dental Building—Plat of Easement- authorize Mayor and City Clerk to execute 12. PW 2006-68 Kennedy Road PRV Station—Plat of Easement- authorize Mayor and City Clerk to execute 13. PW 2006-69 Raymond Storm Sewer Outfall—Plat of Easement- authorize Mayor and City Clerk to execute 14. PW 2006-70 Deuchler Engineering Agreement for FPA Expansion—Hatmer Property - authorize Mayor and City Clerk to execute, subject to receipt of deposits from property owner 15. PW 2006-72 2006 Crack Filling Project—MFT Appropriation Resolution-authorize City Clerk to execute 16. PW 2006-75 FY 06/07 General Maintenance MFT Resolution- authorize City Clerk to execute 17. PW 2006-77 Fox Hill SSA Maintenance Bid Results - approve bid from English and Sons for FY 06107 18. PW 2006-18 Ordinance Amending Ordinance 2003-79 and Repealing Ordinance 2005-40 Establishing Municipal Water Connection Fees- authorize Mayor and City Clerk to execute City Council Meeting Agenda April 25,2006 Page 3 Consent Agenda (con't) 19. PW 2006-74 Engineering Enterprises,Inc. Agreement for Engineering Services for South Waterworks System Improvements - authorize Mayor and City Clerk to execute, subject to developer funding 20. PW 2006-56 Fox Hill Subdivision—First Amendment to Recapture Agreement-authorize Mayor and City Clerk to execute 21. PW 2006-76 Proposal for Alarm Installation and Monitoring-award to Wire Wizard oflllinois, Inc. and authorize Mayor to execute (2 pages) 22. PW 2006-78 Plats of Dedication—Kennedy and Mill Roads - authorize Mayor, City Clerk and City Engineer to execute 23. PW 2006-79 Saravanos Development—Supplemental Letter of Credit Amount- authorize reduction in an amount not to exceed$490,864.75 24. CC 2006-02 Plotter Purchase for Engineering Department- authorize purchase in an amount not to exceed $19,349.00from CDWG, Inc. 25. ADM 2006-26 Monthly Treasurer's Report for February 2006 Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—None Minutes of Committee of the Whole—March 21, 2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 1,568,330.20 (vendors) $ 167,747.41 (payroll period ending 4/1/06) $ 1,736,077.61 (total) Reports: Mayor's Report: 1. Swearing-in of Officer Jacob H. Bledsoe 2. Resolution Endorsing Implementation of the Kendall County Open Space and Natural Areas Plan 3. Ordinance Approving the 2006-2007 Fiscal Budget 4. Board Appointments City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Council Meeting Agenda April 25, 2006 Page 4 Reports (con't): 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: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2006-08 Ordinance Approving the Preliminary PUD Plan (Westbury South Village) 2. PC 2006-09 Ordinance Amending PUD Agreement(Westbury East Village) 3. PC 2006-03 Woodstone Annexation and Zoning Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. ADM 2006-32 Resolution Declaring Official Intent to Issue Special Tax Bonds for Bailey Meadows 2. ADM 2006-29 Ordinance Proposing the Establishment of Special Service Area Number 2006-110 (Bailey Meadows) Additional Business: Adjournment: City Council Meeting Agenda April 25, 2006 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005–2006 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 gCONOMIC DEVELOPMENT 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 r [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 _MINISTRAT_ION. Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock AD_HOC:—TECHNOLOGY _---__ ____ CA 18 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- ORDINANCE AMENDING ORDINANCE 2003-79 AND REPEALING ORDINANCE 2005-40 ESTABLISHING MUNICIPAL WATER CONNECTION FEES IN THE UNITED CITY OF YORKVILLE WHEREAS, the United City of Yorkville has taken up,discussed and considered amending the City Ordinance 2003-79 regarding Municipal Water Connection Fees; and WHEREAS, in amending City Ordinance 2003-79, City Ordinance 2005-40 (which previously amended Ordinance 2003-79)will by necessity be repealed. WHEREAS,the Mayor and City Council have discussed that it may be prudent to amend said Ordinance 2003-79 to change certain connection fees by substituting the Charts defining Residential and Non-Residential Connection Fees depicted on the attached Exhibit"A" and Exhibit`B", in place of Exhibit"A"and Exhibit`B"in Ordinance 2003-79. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,hereby enact the water tap-on fee schedule set out in the attached Exhibit"A" and Exhibit`B", and I i 1. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance, specifically including Ordinance 2005-40, are hereby repealed to the extent of such conflict with this Ordinance. 2. The portion of this Ordinance affecting the water connection fee as indicated in Exhibit"A" and Exhibit"B" shall become effective on June 15,2006. 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: RESIDENTIAL CONNECTION FEE 2006 WATER SYSTEM CONNECTION FEE UPDATE United City of Yorkville, Kendall Co., IL Projected Connection Fee P.E. Per Based On Residence Type Residence $1,0571 P.E. Efficiency or Studio Apartment 1.00 $1,057 1 Bedroom Apartment/Condo 1.50 $1,586 2+ Bedroom Apartment/Condo 3.01) $3,171 1 Bedroom Townhome 1.50 $1,586 2+ Bedroom Townhome 3.00 $3,171 Duplex Home 3.50 $3,700 Single Family Home 3.50 $3,700 EnOn�s�tn0 En4rpr�a�. EXHIBIT B: NON-RESIDENTIAL CONNECTION FEE 2006 WATER SYSTEM CONNECTION FEE UPDATE United City of Yorkville, Kendall Co., IL Water Water Meter Connection Size Fee Less Than Or Equal To 1" $3,70D 1 1/2" $4,0DD 2" $5,000 3" $8,000 4" $15,DD0 6"and Larger TBD Legend Non-Residential Land Use shall be considered all land uses other than those defined in Exhibit A, Page 1 TBD = Connection Fee To Be Determined By City Council on a Case-By-Case Basis Englnssring Enfsrprinas. In�- Page 1 of 9 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Conference Room Tuesday,March 21,2006–7:00 pm In Attendance: Citv Art Prochaska- Mayor John Wyeth–City Attorney Jim Bock–Alderman John Crois–Interim City Administrator Valerie Burd-Alderwoman Eric Dhuse–Public Works Director Dean Wolfer–Alderman Denise Kasper–Payroll & Benefits Specialist Rose Spears -Alderwoman Bart Olson–Deputy Clerk/City Intem Joe Besco -Alderman David Mogle–Executive Director Parks &Rec. Marty Munns–Alderman Sgt. Richard Hart–Yorkville Police Department Paul James–Alderman Guests Heather Gillers–Beacon News Kathy Farren–Kendall County Record Joe Roberts--Caywood&Assoc. Barbara Chevalier–Speers Financial Matt Cudney Peter Raphael—Wm. Blair& Co. Chuck Brooks,resident Kevin McCanna–Specrs Financial Roger Murphy,resident Carol Pickert,resident Mary Litchoff, resident Rick Johnson,resident Mayor Art Prochaska called the meeting to order at 7pm. PUBLIC HEARING: None PRESENTATIONS: L ADM 2005-20 Autumn Creek SSA Bond Ordinance by Peter Raphael Mr. Raphael of William Blair & Co. was present to answer any questions regarding the SSA for Autumn Creek. This SSA was approved pursuant to the annexation agreement and will be approximately$15 million. The types of improvements that will be funded by the SSA are water, stormwater and sewer improvements and a water main. There will be an ordinance to establish the service area and a bond ordinance to authorize the issuance of bonds. Mr. Raphael hoped that these items could be considered at the Council meeting next week. The school district has given their approval for the land cash donation resulting from this project. A handout was given regarding the improvements. Page 2 of 9 Money to widen Kennedy Road will also be given up front. IDOT has been contacted regarding the necessary Rt. 34 improvements and a traffic signal. That work will be done this summer. Officials for this development will meet with the Parks Department in order to start work on parks this sunnner and finish by fall. This presentation concluded at 7:l Opm. DETAIL BOARD REPORT (BILL LIST): The following questions from the bill list were discussed: Page 10: "Re-study" from EEI--It is regarding the water study and landfill in the northern part of the City. The Mayor and Mr. Wyeth will verify. Page 13: Administrative Wireless Internet RFP—This is in regards to the mounting on the water tower. Page 16: Center Parkway Wire Cut: A wire in the median was accidentally cut. Page 29: Kathleen Orr: that item would most likely be reimbursed and should be identified differently on the bill report. The bill report will move on to City Council for consideration. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA: 1. ADM 2006-21 Monthly Treasurer's Report for January 2006 2. ADM 2006-22 Resolution Appointing IMRFAuthorized Agent 3. PS 2006-05 Maintenance Proposal for Fire Alarm System at City HalUPolice Station 4. PW 2006-42 Water Department Report far January 2006 5. PW 2006-43 Bruell Street Pump Station–Change order#3 6. PW 2006-44 ContractA.2a. (Cannonball Booster Station) and Contract C.5 (South PR Station)– Change Order #3 7. PW 2006-48 Grande Reserve (Rte. 34 Improvements) –Bond Reduction #1 8. PW 2006-49 Southwest Interceptor (Contract]) –Change Order#1 9. PW 2006-53 Kylyn's Ridge Unit I–Earthwork Letter of Credit Reduction #2 10. PW 2006-54 Kylyn's Ridge Unit 2–Earthwork Letter of Credit Reduction #2 11. PW 2006-55 Raymond Regional Storm Sewer–Suen Easement There was no discussion on these and they will move forward to the City Council consent agenda. MAYOR: 1. Downtown TIF—Set Time and Place for Public Hearing a. Selection of City Representative for Joint Review Board b. Selection of Public Member for Joint Review Board Page 3 of 9 A Public Hearing date of May 23rd has been set for the TIF and a draft of the ordinance was included in the packets. A Joint Review Board must be formed not less than 45 days prior to the Hearing and the Mayor asked the Council members to inform him if they were interested in being part of that Board. An invitation will be put out to the community for the public member. That person will be selected by a majority of the other Board members. One or two Joint Review Board meetings will then be held. This TIF needs to be voted on as an ordinance by the City Council. ECONOMIC DEVELOPMENT COMMITTEE: No report. PARK BOARD: 1. PKBD 2006-02 Scope of Service for Design Services for Grande Reserve Park D Mr. Mogle said this item was for a professional service agreement from Schoppe Design for construction documents for Grande Reserve Park"D". This park was already approved and this item was an update. PUBLIC WORKS COMMITTEE: 1.. PW 2006-45 Countryside Parkway (East Kendall to Center Parkway) MFT Resolution Public Works did not want to damage a new street so this project had been delayed due to the construction of the interceptor nearby. This is the MFT appropriation resolution worth$225,000. This moves to the City Council consent agenda. 2. PW 2006-46 Grande Reserve—Kennedy Road Reconstruction at Freedom Place Freedom Place is the road that leads to the school in Grande Reserve. The project will be put out for bid,the results will bypass Public Works and come to the C.O.W. of April 18th . This will allow extra construction time before the opening of the school. 3. PW 2006-471DOT JointAgreement—Route 126 Relocation at Route 71 Alderman Besco said the Opticom is being requested for emergency vehicles as part of the improvements. The costs for this intersection will be $19,000 from MFT and$21,000 from water improvement. He added that a pipe should be put under the road at the time of realignment so that certain services can be run through the pipe at a later time. The older part of Rt. 126 will not be used and it was suggested that it could become a city street(possible name-Identa Trail) or it could be turned over the landowners there as a right in/right out. This will move to the consent agenda. 4. PW 2006-50 Water Meter Price Increase Water meter prices have risen considerably and it was suggested that the price should be adjusted. Option 2 of Eric Dhuse's proposal was recommended. This option would also include the ability to"radio read"the meters. This will move to the City Council consent agenda. Page 4 of 9 5. PW 2006-52 Heartland Circle—Acceptance of Storm Sewer and Sanitary The acceptance of the sewer and sanitary would reduce the letter of credit by $93,446.23. This received a positive recommendation at the committee level. Public Works Director Dhuse said this annexation agreement was written allowing for acceptance of improvements on a"piecemeal" basis. It was noted that the Sunflower development is the only other subdivision using the "piecemeal"type of arrangement. Alderman Besco said there is a new type of strainer basket covered with fabric, available for storm sewers. Currently Bristol Bay uses these. They could be used in Heartland and eventually will be the responsibility of the City. It was suggested that the agreements could be accepted based on the developer using the proper fabric on the strainers and Mr. Marker will be contacted about this. This matter will be moved to City Council for a vote. The strainer baskets and funding will be researched. 6. PW 2006-56 Fox Hill Subdivision—Amendment to Recapture Agreement This item was postponed to the April 18a' C.O.W. 7. PW 2006-40 Public Works/Parks Department Maintenance Facility Sente-Rubel-Bosman-Lee did a proposal for a conceptual design for this facility. The $24,000 cost of the concept could be applied to the building if the Council approves within 60 days. The design fee was budgeted in Land Cash. The facility would be built near Menards. Kevin McCanna of Speer Financial distributed a handout and explained that the City's"use"tax could be utilized along with the alternate bonds for funding of the building. The Council members approved this design and it will be moved forward on the consent agenda. PUBLIC SAFETY COMMITTEE: 1. PS 2006-07 Overnight Parking Ordinance—Long Term Parking Alderwoman Spears said she had received many calls in the past weeks regarding the new parking ordinance. The cul-de-sac"opt out"policy was reviewed at Public Safety. In some cases, one neighbor on a cul-de-sac would be the "holdout"and the opt-out policy would not be approved on that block. The committee mentioned a possible 2/3 majority to allow parking in that situation. Mayor Prochaska said the calls he received were 50/50 for and against the new ordinance. In the older part of town where there are no curbs,Ms. Burd said some citizens are not parking fully off the road. Other citizens had asked her to amend the ordinance allowing stickers for parking for those residents who live on wider streets. However, it was pointed out that a negative recommendation was given at the Public Safety Committee based on the width. Other comments were to abolish the entire ordinance, allow parking where there were designated parking spots such as on Colonial Parkway, excuse the parking over sidewalks between 1-6am and allow the ordinance go into effect for a year before making changes. Page 5 of 9 Alderwoman Spears said she felt this ordinance has impacted the Police Department greatly and was actually a burden on them at this time because it would require additional officers to enforce. Further, not all hardships were addressed and now more hardships have surfaced. Other brief comments from Aldermen included: 1. Fox Hill residents like the ordinance 2. From a building standpoint, if a 3-car garage is built,there should be a 3-car driveway 3. Leave the ordinance as is and allow parking in cul-de-sacs 4. Keep the ordinance for at least six months before any changes are made 5. One resident received an upsetting telephone call and then unwanted items were placed in his mailbox 6. Parking in the parkway is illegal 7. All tires must be off the roadway or the vehicle is in violation Alderman Bock said that he thought the original intent of the ordinance was for safety and security and so that public safety vehicles can traverse the streets easily. He said that should be the orverriding factor and the City as a whole would benefit. The fine will be$25 for a violation of this ordinance,though no one is being ticketed yet. This will begin April 15t. Sgt. Hart said that it is a violation of State law to block a sidewalk. Ms. Burd added that the current ordinance states the ban does not apply to streets without curbs and the Mayor said research is needed regarding the zoning code to determine the"no curb"issue. After a lengthy discussion,it was decided to move this issue back to Public Safety on April 13th and Ms. Spears asked for all comments to be forwarded to her. Residents who were present at this meeting then voiced their opinions regarding this ordinance. Comments from residents in attendance from Teri Lane: 1. One woman said many residents were against the ordinance and asked why it was not enforced 24 hours if it was based on safety. 2. Unhappy with the fact that the exemption is only three days 3. It is environmental issue to keep moving vehicles 4. Did not wish to park in distant parking lots to be in compliance 5. One resident favored the ordinance The citizens were encouraged to attend future City meetings pertaining to the parking ban. Discussion then turned to the reasons for the ordinance. It originated due to crime statistics, complaints about individuals parking commercial vehicles in Fox Hill all night and safety issues because the Police Department does not know which cars belong in a given area. Those cars might potentially be linked to car or home burglaries according to Sgt. Hart. After further final discussion and a poll of the aldermen, it was decided to move the parking issue forward to City Council. Page 6 of 9 2. PS 2005-09 Gift Basket Liquor License A business in town requested to sell gift baskets and include liquor in the baskets. Requirements in the proposed draft of a new classification added to the liquor ordinance were: the liquor must be double-wrapped,must have items in basket in addition to the liquor,must demonstrate that they are operating a gift-basket business,business should be retail and have business class zoning, are paying retail tax and sell during normal hours only. This moves to City Council for a vote. ADMINISTRATION COMMITTEE: 1. ADM 2005-14 Salary Survey: Mayor,Aldermen, Clerk and Treasurer Alderman James said the recommendations made by Administration were as follows: 1. Mayor should be paid$8500 a year plus $50 per C.O.W. or City Council meetings 2. Aldermen should be paid$8500 a year plus $50 per C.O.W. or City Council meeting 3. Clerk and Treasurer each would be paid$8500 per year,no per-meeting fee 4. Deputy Clerk--$2900 stipend, no per-meeting fee,previous pay was $1000 5. Deputy Treasurer--$2900 stipend(position vacant),no per-meeting fee These new fees cannot be implemented until after the next election. However,Alderman Wolfer felt strongly that the pay should not be raised,but used instead for the Parks program for special needs children. He added that the money for laptops could also be used in other applications. Alderman Besco said that no one holds the office for the money,but the raise is needed to entice other candidates in the next election since the aldermen ran unopposed in the previous election. Only four aldermen will be affected in the next election, noted Ms. Burd. It was also added that other City employees had received raises. An informal poll of the aldermen was taken with all in favor except Alderman Wolfer. This matter will move forward to the City Council for a vote. 2. ADM 2006-11 Health Insurance/Benefit Renewal Information Alderman James said there would be a delay in finalizing this matter. Alderman Wolfer said he agreed this issue should be delayed due to a confidential memo the Council members had received. However,Alderman Munns said that it should be reviewed at this time due to contract discussions approaching and that the policy needed to apply to all employees. He added that one of the Council goals for the year was an increased premium for the employee. Ms. Kasper said open enrollment is only available from April 1st to April 30d'. When the enrollment ends, no changes can be made to the policy for the contract year. Alderman James said the first issue is that Administration recommended keeping the same policy. The 2nd issue is the co-pay and that can be considered separately from the 1St issue. Ms. Kasper said employees must be notified during open enrollment if they would be required to pay a premium. Mr. Roberts gave an overview of the mechanics behind the health insurance policy. The 30-day period of open enrollment is mandated by law,he said. Page 7 of 9 Alderman Munns pointed out that the City now funds 100% of the City insurance for the 73 full- time employees and he recommended a reasonable co-pay to help reduce the burden to the City. An example was given of a$50 co-pay. This would result in a savings of about$36,000 for a year for the City. Mayor Prochaska said the City also needs to consider"industry standards". Alderman James said he would like to see some calculations/statistics before making any decisions. Those calculations were not available at this meeting,but will be brought to the next C.O.W. Mr. Crois and Ms. Kasper will gather the data being requested for the next C.O.W. 3. ADM 2006-24 Salary Increases for the Next Fiscal Year(Cola/Merit) The Administration Committee said that last year employees received 0% COLA and 4%merit. This year the committee recommended 2%COLA and 2.5%merit. This would ensure that all employees would be compensated for the cost of living and anything above that would be based on performance. Last year the average merit was 3.7%. This will move on to the City Council agenda. 4. ADM 2006-25 Amendments to City Code Regarding Appointments of Officers and Regarding Departments This issue clarifies and consolidates into one area,the employees who should be appointees and also clarifies inconsistencies. It also identifies and establishes City departments and department heads. This will move on to City Council on the consent agenda. CITY COUNCIL REQUESTS: 1. Assistant City Administrator Job Description Z. Administrative Assistant Job Description Alderwoman Burd asked that these two items be discussed together. She said these two positions were approved some time ago,but she had reconsidered certain aspects since then. For that reason she asked that these items be placed on the agenda for more discussion. She envisioned the Administrative Assistant as an assistant to the City Council. That person would compile research and information and would report to the City Administrator. Now that the Assistant Administrator job was approved,Ms. Burd said the previous person who held the Assistant title said the positions would overlap. She realized that the Intern had assumed many of the responsibilities that the Administrative Assistant was doing. Ms. Burd asked for input from other Council members about strengthening the Administrative Assistant job and have that person lend more support to the Council. The Mayor said he and Mr. Crois had previously had discussions about the Assistant doing more research and creating a tiered position—Assistant 1 and Assistant 2. Mr. Crois said the previous Assistant was compiling agendas, coordinating Plan Commission, dealing with developers and insuring proper documentation for various situations. He thought that position should be upgraded. That person should also be available for special projects and only a small portion would be secretarial. The Mayor said he prefers to strengthen or tier the position. Page 8 of 9 Ms. Burd thought that the Assistant was to be available to the Council. She felt the person should report to the City Administrator or possibly Assistant City Administrator. Ms. Kasper said the job description currently states the Administrative Assistant will be the liaison to the City Council. Alderman Wolfer added that having an assistant was one of the City Council goals. Ms. Kasper stated that when an employee reports to eight different people, it could easily result in failure. Alderman Bock agreed with this assessment and said that the Assistant should report to the City Administrator or his assistant and they would assign the work. Alderwoman Burd said she was disappointed that some Council members felt that all Aldermen should receive information that one Council member is requesting. She said that information can be obtained by anyone through the Freedom of Information act. It was suggested that all requests be put into writing and the Mayor noted there is an alderman request form Mayor Prochaska suggested the meeting should move forward and the job description should return to Administration to make recommendations. Ms. Spears said Administration is currently reviewing the descriptions. She felt many new tiers were developed that were not justified and that titles and education requirements needed to be monitored. The discussion turned to the number of cities that have Assistant City Administrators. Some nearby cities do have them and others have positions similar. Alderman Munns asked why a certain number of years of experience was not requested for the position. It was thought that a number was included in the posting and Ms. Kasper said it did ask for local government experience. In conclusion,the Administrative Assistant job description will return to the Administration committee to examine the possible tiering of the position. The Council verbally approved this action. 3. Sponsorship Requests—Spears,Bard and Besco Ms. Spears said the Human Resource Commission had a concern regarding the time frame for three sponsorship requests (in-kind). There was discussion about those kinds of requests coming before the Council for approval. After a brief discussion, it was decided the policy needed to be revised slightly regarding such requests. It was decided to verbally override the policy and it will be revised. This item will move to the Council consent agenda. 4. Beecher Building Rental Procedures—Spears, Bard and Besco Alderwoman Spears asked to bring this item back at another time because she is waiting for information. The Mayor asked for it to return to Administration. An updated cost analysis of operational expenses vs. revenue for Beecher was requested by Mr. Besco. The hours spent by Senior staff associates for rentals/reservations should be included as well. Page 9 of 9 EXECUTIVE SESSION: The Council then went into Executive Session at 9:35pm and it concluded at 10:1Opm. The regular meeting was then adjourned at 10:l Opm. Respectfully submitted by Marlys Young, Minute Taker wvoP 43 =`QED ear o United City of Yorkville Memo J Z " 800 Game Farm Road EST. 1 !1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <LE Date: April 21,2006 To: City Council From: Bart Olson,Assistant City Administrator CC: John Crois, City Administrator; John Wyeth, City Attorney Subject: Budget Ordinance Due to the 6:30 COW meeting to discuss the budget,the values associated with each type of fund on the budget ordinance have been left blank. The values will be filled in manually prior to the meeting or during the call of the vote. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- ORDINANCE APPROVING THE 2006-2007 FISCAL BUDGET FOR THE UNITED CITY OF YORKVILLE WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have duly held all Public Hearings, allowed public input, and through its committee system has duly considered formation of a budget for the 2006-2007 Fiscal Year; and WHEREAS, a tentative budget was duly announced and available for examination at the City offices of the UNITED CITY OF YORKVILLE; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE deem it in the best interest of the City for the orderly operation thereof to pass and approve the tentative 2006-2007 Fiscal Year Budget being submitted on April 25, 2006 at its regular City Council Meeting: NOW, THEREFORE, upon Motion duly made, seconded and approved by a majority of those so voting, the 2006-2007 Budget totaling$ including the amounts of$ General Fund, $ Motor Fuel Tax Fund, $ Municipal Building, $ Police Equipment Capital Fund, $ Public Works Equipment Capital Fund, $ Parks & Recreation Equipment Capital, $ Sanitary Sewer Improvement & Expansion, $ Water Improvement&Expansion, $ Debt Service Fund, $ Water Operations, $ Sewer Maintenance, $ Land Cash, $ Land Acquisition, $ Parks&Recreation $ Library, $ Fox Industrial, and $ Countryside TIF is hereby adopted for the 2006-2007 Fiscal Year, as presented. ADOPTED this 25th day of April, 2006,pursuant to a roll call vote as follows: 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 25th Day of April,A.D. 2006. MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this 25th day of April, 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 y C U C (tl Q 0 ° U d ❑ O 1 C O C V N p > C N m 3 0W a N O 0� Of p � Y O L Y p N n m d $ N E o y l°01 co � � N C UO U T N 0 > av a 0 U .ro O a C (Z N L > N N Ao V V > L d E N V N C 0000 Tmm 3 C v N Nyy = n z O N N N T fly c3 N m 0 < 00 E 'a a m vax m0 ?. 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Q Q N N N N N N N N N N N F W N N N N N N N N N H h H LL. =`"O'U Cip o United City of Yorkville Memo 800 Game Fann Road Er. 1 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 �;P Cwt' v o Fax: 630-553-3436 <CE v~`? Date: April 20, 2006 To: Mayor and City Council From: Travis Miller CC: John Crois, City Administrator John Wyeth, City Attorney Subject: Woodstone Annexation and Zoning Request The draft annexation agreement revised April 20, 2006 addresses all staff concerns previously raised including: 1. Providing Exhibit"C" listing the permitted uses excerpted from the O, B-1 and B-2 uses; 2. Identifying $25,000 as the amount the Developer will contribute to the bike trail construction—this estimate is based on the Engineering Department estimate of$50 per lineal foot of pathway; 3. The agreement now includes a front yard setback. Outstanding issues that remain to be addressed in the Woodstone Annexation request include revising Exhibit"C" as attached. EXHIBIT"C" 7.01 O-OFFICE DISTRICT A. Permitted Uses Advertising agency Bank Barber Shop Beauty Shop Bookkeeping Service 'Pollee Shop - - Deleted:Club-pdvaluinmrng College,University,or Junior College Commercial School,Trade School—offering training in class room study Credit Union Detective Office Employment Office Engineering Office Government Office Income Tax Service Insurance Office Manufacturing Agent's Office Medical Clinic Park Professional Offices Real Estate Savings and Loan Assoc. Court Reporting Service, Stock Broker Ticket Office Title Company Travel Agency - Utility Office 7.02 B-I LIMITED BUSINESS DISTRICT A. Permitted Uses Antique Shops Barber Shop Beauty Shop Book Store Camera Shop orlst Sales -_- Deleted:Church or other place of Health Food Store -- wmhip¶ Club-privateindoor¶ Hospital or Treatment Center Ice Cream Shop Jewelry—Retail Laundry,Cleaning and Dyeing—Retail Library Magazine and Newstand Medical Clinic Nursery—Daycare Park Photography Studio Playground Post Office Professional Building Recreation Center Restaurant—Sit down;no drive-thru restaurant Shoe and Hat repair 7.03 B-2 GENERAL BUSINESS DISTRICT A. Permitted Uses All the permitted in the O and B-1 Districts asLimited this Each_ibit`°C-------- ---__.- Deleted:by Art Gallery—Art Studio Sales Catalog Sales Office Clothing Store—All types Interior Decorating Studio Office Equipment and Supply Sales Picture Frame Store Radio and Television Studios - Deleted:Reducing Salon,Masseur and Steam Bach STATE OF ILLINOIS ) Revised March 11,2006 April 18,2006 April 19,2006 COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE CCTF 500,L.L.C.PROPERTY 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"),FRANK J. CALABRESE,(hereinafter referred to as OWNER),and CCTF 500,L.L.C.of the County of DuPage,State of Illinois(hereinafter referred to as"DEVELOPER"). WITNESSETH WHEREAS,OWNER is the owner of real property which is the subject matter of said Agreement comprising approximately 12.33 acres,more or less,and is more particularly described in the attached Exhibit"A",which is incorporated herein by reference;and WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY;and is not located within the corporate boundaries of any other municipality;nor is any portion thereof classified as flood plain; and WHEREAS,OWNER/DEVELOPER 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 land use and the zoning of the same at the request of OWNER/DEVELOPER and the City;and 1 WHEREAS,OWNER/DEVELOPER have presented, and the City has considered,the tract,of real property herein described in the attached Exhibit"A"as B-2 General Business District 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,OWNER/DEVELOPER and their representatives have discussed the proposed annexation and have held Public Hearings with the Plan Commission and the City Council,and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement,as required by the statutes of the State of Illinois in such case made and provided. WHEREAS,in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5,inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject Property and to provide 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 and 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 CITY 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 herein contained,the parties agree,under the terms and authority provided in 65 ILCS 5/11- -2— 15.1-1 through 65 ILCS 5/11-15.1-5,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";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 as B-2 General Business District. Said zoning shall allow the uses,size,density,area,coverage,and maximum building heights as set forth on for the B-2 General Business District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5111-15.1-5,and in accordance with the City Subdivision Control and Zoning Ordinances and specifically subject to the following conditions: (i) That the subject property described in the attached Exhibit"A"shall be annexed to the United City of Yorkville by separate Ordinance,in compliance with Illinois - _ Deleted:^Office" Compiled Statutes and shall be zoned B-2 General Business District Zoning._ (ii) That the subject property shall be developed in substantial conformance with the attached Site Plan,which is incorporated herein and made a part hereof by reference as Exhibit"B",as prepared and dated 12005. (iii) (a)OWNER/DEVELOPER shall be responsible for providing landscaping,in conformance with CITY standards along all perimeter boundaries of the subject property including preserving as much of the tree line along the West boundary of Deleted:althwgh the property as is possible._;4 permanent trees covering utilities shall be planted_ Deleted:a on the right-of-way adjacent to the subject real property. (b)OWNER/DEVELOPER shall establish the landscape buffer along Illinois —3— State Route 126 behind the proposed North Right-of-Way expansion line of the Illinois Department of Transportation. (c)OWNER/DEVELOPER shall provide a pedestrian walk along the frontage of State Route 126. Deleted:e (d)DEVELOPER agrees to participate to a maximum of$,25,000.00 for the------ oeieted: construction of a regional bike trail through the Commonwealth Edison Parcel, thru the length of Developer's property,when said trail is constructed by the United City of Yorkville,or its Parks&Recreation Department. Said amount shall not exceed the actual cost of said path. OWNER/DEVELOPER preserves the right to install said trail pursuant to City specifications at its expense. (iv) That OWNER/DEVELOPER shall provide the number of parking places as set out on the attached Exhibit"B"attached hereto and incorporated herein by reference. (v) OWNER/DEVELOPER agree that OWNER/DEVELOPER shall be permitted to conduct the uses on the subject property that are excerpted from the United City of Yorkville Zoning Classification for O-Office District,B-1 Limited Business District,B-2 General Business District,and any similar permitted uses within those Districts that the CITY may create in the future;although OWNER/DEVLOPER agree they shall not be permitted to conduct on site any permitted uses which have been omitted from the current United City of Yorkville Zoning Ordinances as are in effect as of the date of the approval of this Agreement by the United City of Yorkville. The list of permitted uses is as set out —4— in Exhibit"C"attached hereto and incorporated herein by reference. (vi) That in all other respects,the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance,Subdivision Control Ordinance,and all other applicable Ordinances. Formatted:Bullets and Numbering (vii) OWNER/DEVELOPER shall establish a Thirty(30')Foot front building setback line for principal structures,but OWNER/DEVELOPER may install parking, signage,.and landscaping in said setback. B. The OWNER/DEVELOPER,and successors,heirs,and assigns hereby agree that prior 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,as well as OWNER/DEVELOPER complying with the CITY Preliminary and Final Platting process. 2. CITY'S AGREEMENTS. A. The City agrees that due to the nature of the non-residential use and zoning classification of said parcel,OWNER/DEVELOPER has no obligation to pay School Transition Fees or Land-Cash Fees. B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF Deleted:ro YORKVILLE,to extend if necessary and hook-on to the city waterand Sanitary Sewer System at f Delecea:o the time of improving the subject property and upon=approval of this Annexation Agreement. C. Upon annexation,the Owner will receive police protection,911 service, Water,Sanitary Sewer,and all services as provided by City to its property owners and residents. D. The City will require the Owner to annex to Yorkville Bristol Sanitary —5— District at the time of applying for a building permit seeking to hook up to the Sanitary District and the City Sanitary Sewer System. E.In the event OWNER/DEVELOPER are required to improve the main Deleted:a North/South entrance as to Collector Street to provide access to residential subdivisions to the North,and/or to provide signalization or off-site improvements to Illinois State Route 126 CITY agrees to enact and pass: 1)A Recapture Agreement or Road and Signalization Improvement Agreement and Ordinance aanortionine the cost and payment responsibilities of Developer and the adjacent Deleted:progeny properties to the North for the cost of said improvements_and 2)Permit an Economic Incentive Agreement to be requested by Developer as to any portion of the off-site,signalization on-site or collector costs not so recovered under paragraph(A)above pursuant to such an Agreement out of 1/2 of any Sales Tax Receipts from users on the subject site inconformity with the United City of Yorkville Commercial Incentive Policy. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that Owner 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 Owner 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 —6— performance bonds or guaranties posted by Owner 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 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. No Covenant or Agreement shall become binding on OWNER until DEVELOPER hereunder has closed the purchase of the subject property by DEVELOPER from OWNER. 7. NOTICE. Any notices required hereunder shall be in writing and shall be served —7— 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: John Wyeth 800 Game Farm Road Yorkville,IL 60560 To OWNER: Frank J.Calabrese Jr. C/O Attorney Dallas Ingemunson With a copy to: Attorney Dallas Ingemunson PO Box 578 Yorkville,IL 60560 To DEVELOPER: Shepherd Group,LLC 500 East Ogden Ave.,Ste.204 Naperville,IL 60563 With a copy to: Law Offices of Daniel L Kramer 1107A S.Bridge St. Yorkville,IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 8. 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 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. —8— 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. IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this day of 2006. UNITED CITY OF YORKVILLE By: Arthur F.Prochaska,Jr.,Mayor Attest: City Clerk OWNER/DEVELOPER: By. Attest: —9— Prepared by and Return to: Law Offices of Daniel J.Kramer 1107A S.Bridge Street Yorkville,Illinois 60560 630.553.9500 —10— EXHIBIT "C" 7.01 O- OFFICE DISTRICT A. Permitted Uses Advertising agency Bank Barber Shop Beauty Shop Bookkeeping Service Club-private indoor Coffee Shop College, University, or Junior College Commercial School, Trade School—offering training in class room study Credit Union Detective Office Employment Office Engineering Office Government Office Income Tax Service Insurance Office Manufacturing Agent's Office Medical Clinic Park Professional Offices Real Estate Savings and Loan Assoc. Court Reporting Service Stock Broker Ticket Office Title Company Travel Agency Utility Office 7.02 B-1 LIMITED BUSINESS DISTRICT A. Permitted Uses Antique Shops Barber Shop Beauty Shop Book Store Camera Shop Church or other place of worship Club—private indoor Florist Sales Health Food Store Hospital or Treatment Center Ice Cream Shop Jewelry—Retail Laundry, Cleaning and Dyeing—Retail Library Magazine and Newstand Medical Clinic Nursery—Daycare Park Photography Studio Playground Post Office Professional Building Recreation Center Restaurant—Sit down;no drive-thru restaurant Shoe and Hat repair 7.03 B-2 GENERAL BUSINESS DISTRICT A. Permitted Uses All the permitted in the O and B-1 Districts as Limited by Exhibit"C" Art Gallery—Art Studio Sales Catalog Sales Office Clothing Store—All types Interior Decorating Studio Office Equipment and Supply Sales Picture Frame Store Radio and Television Studios Reducing Salon, Masseur and Steam Bath STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (bloodstone) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 Page 2 of 3 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 Page 3 of 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (bloodstone) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois,requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory, and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS,the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory,being that territory described in the Legal Description which is attached hereto and made a part of this Ordinance .and that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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. A"T"TEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Woodstone) WHEREAS, Frank J. Calabrese is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS CCTF 500, LLC., developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the property as B-2—Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-2 Service Business District as described in attached Exhibit "B" (Legal Description of the Property). 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 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 ORDINANCE NO. AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2006-110 (BAILEY MEADOWS PROJECT)IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1. Authori . The United City of Yorkville, Kendall County, Illinois (the "Qff') 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 seq. (the "Act"), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findings. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the "Subject Territory') have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27-20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the"Application'); and C. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2006-110 for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 23rd day of May, 2006, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to CHI2_634694.3 consider the creation of the City of Yorkville Special Service Area Number 2006-110, in the Subject Territory. At the hearing, the following method of financing improvements within the proposed special service area will be considered: the borrowing of an amount not to exceed an aggregate principal amount of$7,000,000 to be evidenced by special tax bonds (including bonds issued to refund such bonds) of such area (the `Bonds'), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. The Bonds shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not 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 the Bonds. The Bonds shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearin¢. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States 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 proposed special service area. This notice shall be mailed not less than ten(10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit B to this Ordinance. Section 6. Supercede Conflicting Ordinances. 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. 2 CHI2_634694.3 PASSED by the City Council of the City this April 25, 2006. Voting Aye (list names): Voting Nay (list names): Abstaining (list names): Absent(list names): City Clerk SIGNED by the Mayor this April 25,2006. President ATTEST: City Clerk Published in pamphlet form April 25, 2006. 3 CHI2_634694.3 EXHIBIT A Legal Description PARCEL A LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 38.5 LINKS TO THE SOUTH BANK OF DITCH;THENCE SOUTH 89 DEGREES 30 MINUTES EAST,40 CHAINS TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, 1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE EAST ALONG SAID NORTH LINE 667.00 FEET;THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE,396.00 FEET; THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,667.00 FEET;THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 396.00 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS (RECORD), 2652.01 FEET(MEASURED) TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 38.5 LINKS (RECORD), 25.41 FEET (MEASURED) TO THE SOUTH BANK OF DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET A LONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE,265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS. PIN: 02-05-200-005 PARCEL B THAT PART OF LOT 2 OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENTAL SURVEY OF SAID SECTION 4,DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE 26.80 CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS; THENCE IN A NORTHEASTERLY DIRECTION TO A POINT ON THE NORTH LINE OF SAID SECTION, 20.67 CHAINS EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE SECTION LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF LOT 2 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2,A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY, THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE) AND SAID POINT ALSO BEING THE POINT OF TERMINUS; IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY,ILLINOIS. PIN'S: 02-04-100-001,02-05-200-005 CHI2_634694.3 EXHIBIT B NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006-110 (BAILEY MEADOWS PROJECT) NOTICE IS HEREBY GIVEN that on May 23, 2006 at 7:00 p.m. at the Yorkville City Hall, 800 Game Faun Road, Yorkville, Illinois, a hearing will be held by the United City of Yorkville (the "Off") to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2006-110," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate street location is at the Southwest corner of Baseline Road and Illinois Route 47 in the City. The general purpose of the formation of the City of Yorkville Special Service Area Number 2006-110 is to provide special municipal services to the area which may include: engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following method of financing improvements within the proposed special service area: the issuance of special tax bonds (including bonds issued to refund such bonds) in an aggregate principal amount not to exceed $7,000,000 at an interest rate of not 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 the bonds, and to mature within forty (40) years from the date of their issuance. The bonds shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. CHI2_634694.3 If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2006-110 and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2006-110 is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. 2 CHI2_634694.3 Exhibit 1 to Notice Legal Description of Property PARCEL A LOT 2 OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENT SURVEY OF SAID SECTION 5 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS TO THE SOUTHWEST CORNER OF SAID LOT; THENCE NORTH 38.5 LINKS TO THE SOUTH BANK OF DITCH;THENCE SOUTH 89 DEGREES 30 MINUTES EAST,40 CHAINS TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHEAST QUARTER, 1961.60 FEET EAST OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE EAST ALONG SAID NORTH LINE 667.00 FEET;THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE,396.00 FEET; THENCE WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,667.00 FEET;THENCE NORTH AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 396.00 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE WEST 40 CHAINS(RECORD), 2652.01 FEET(MEASURED)' TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE NORTH 38.5 LINKS (RECORD), 25.41 FEET (MEASURED) TO THE SOUTH BANK OF DITCH; THENCE SOUTH 89 DEGREES 30 MINUTES EAST (RECORD), NORTH 88 DEGREES 05 MINUTES 41 SECONDS EAST (MEASURED), 2593.76 FEET (MEASURED) TO THE POINT OF BEGINNING; THENCE 01 DEGREES 54 MINUTES 03 SECONDS WEST, 232.55 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHEASTERLY 68.93 FEET A LONG A CURVE TO THE LEFT, HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 59 DEGREES 57 MINUTES 33 SECONDS EAST, 68.88 FEET TO A POINT ON THE EAST LINE OF SAID LOT 2; THENCE SOUTH 01 DEGREES 16 MINUTES 25 SECONDS EAST ALONG SAID EAST LINE,265.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88 DEGREES 05 MINUTES 41 SECONDS WEST, 57.84 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PIN: 02-05-200-005 PARCEL B THAT PART OF LOT 2 OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF THE GOVERNMENTAL SURVEY OF SAID SECTION 4,DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH ON THE SECTION LINE 26.80 CHAINS; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION, 14.30 CHAINS; THENCE IN A NORTHEASTERLY DIRECTION TO A POINT ON THE NORTH LINE OF SAID SECTION, 20.67 CHAINS EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG THE SECTION LINE TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF LOT 2 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 01 DEGREES 16 MINUTES 25 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 2,A DISTANCE OF 265.04 FEET TO A POINT ON A NON-TANGENT CURVE;THENCE NORTHEASTERLY 531.35 FEET ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 533.00 FEET AND WHOSE CHORD BEARS NORTH 27 DEGREES 41 MINUTES 44 SECONDS EAST, 509.62 FEET TO A POINT OF TANGENCY,THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST 150.53 FEET, THENCE NORTH 89 DEGREES 08 MINUTES 11 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 110.00 FEET; THENCE NORTH 00 DEGREES 51 MINUTES 49 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED LINE, 912.39 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING 364.44 FEET EAST OF THE NORTHWEST CORNER OF SAID SECTION 4 (AS MEASURED ALONG SAID NORTH LINE)AND SAID POINT ALSO BEING THE POINT OF TERMINUS; IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY,ILLINOIS. PIN'S: 02-04-100-001,02-05-200-005 CH12_634694.3