Loading...
City Council Packet 2006 05-09-06 C/Ty �a United City of Yorkville 800 Game Farm Road EST. , 1636 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday,May 9,2006 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, June 5, 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, May 25, 2006 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, June 1, 2006 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, May 11, 2006 City Hall Conference Room Presentations: 1. Certificate of Recognition to Officer Jon Helland City Council Meeting Agenda May 9, 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. Pulte Home Corporation, MPLIV 10 LLC, MPLIV 20 LLC and MLH Yorkville, LLC,petitioners, request an amendment to an Annexation and Planned Unit Development Agreement and request a rezoning to increase the areas presently zoned B-3 Service Business District and R-3 General Residence District and to decrease the area presently zoned R-2 One-Family Residence District and to modify the existing Planned Unit Development approved for a part of the real property. The real property consists of approximately 587 acres at the northwest corner of Galena Road and Route 47, in the United City of Yorkville,Kendall County, Illinois. 3. Petitioner has requested that this public hearing be postponed to the June 13,2006 City Council meeting. MPI#6 South Yorkville,LLC,petitioner,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing R-2 One-Family Residence District,R-2 Duplex Two-Family Residence District,R-3 General Residence District,R-4 General Residence District and B-2 General Business District. The real property consists of approximately 916.44 acres east of Immanuel Road,north and south of Ament Road,west of Route 47, and north and south of Walker Road, Kendall Township, Kendall County, Illinois. 4. Revised PUD Ordinance Citizen Comments: Consent Agenda 1. PS 2006-15 Police Reports for March 2006 2. EDC 2006-10 Building Permit Report for March 2006 3. PC 2006-01 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 14 - authorize Mayor and City Clerk to execute 4. PC 2006-04 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 15 -authorize Mayor and City Clerk to execute 5. PC 2006-06 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve Unit 16 -authorize Mayor and City Clerk to execute 6. PC 2006-14 Resolution Approving the Final Plat of Subdivision for Cozy Corner Subdivision -authorize Mayor and City Clerk to execute 7. PC 2005-53 Resolution Approving the Preliminary Plat of Subdivision for Hudson Lakes - authorize Mayor and City Clerk to execute 8. PC 2006-02 Resolution Approving the Final Plat of Subdivision for Yorkshire Estates - authorize Mayor and City Clerk to execute City Council Meeting Agenda May 9,2006 Page 3 Consent Agenda (con't) 9. PW 2006-712005 In-Town Drainage Program—Request for Additional Compensation—approve in an amount not to exceed$8,410.00 and authorize Mayor to execute 10. PW 2006-87 2005 In-Town Drainage Program—Change Order 412 - approve in an amount not to exceed $54,770.00 and authorize Mayor to execute 11. PW 2006-73 Resolution Approving Hourly Rates and Expenses for Engineering Enterprises,Inc. - authorize Mayor and City Clerk to execute Plan Commission /Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—March 28, 2006 Minutes of Committee of the Whole—None Minutes of Downtown Redevelopment Meeting—February 13,2006 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 2,425,393.71 (vendors-FY 05/06) $ 198,366.25 (vendors -FY 06/07) $ 173,318.21 (payroll period ending 4/15/06) $ 2,797,078.17 (total) Reports: Mayor's Report: 1. Proclamation for Blue Star Salute Day 2. Proclamation for Poppy Awareness Days 3. Proclamation for Volunteer Week 4. Proclamation for National Public Works Week 5. Proclamation for Click It or Ticket Mobilization 6. Appointment to Committees/Commissions 7. Mayor's Community Volunteer Appreciation Lunch: May 13� at Riverfront Park from Noon- 2:30 p.m. City Council Report: City Attorney's Report: City Clerk's Report: 1. Appointment of Deputy Clerk City Treasurer's Report: City Administrator's Report: Finance Director's Report: City Council Meeting Agenda May 9, 2006 Page 4 Reports (con't): 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 2005-45 PNGK Family Limited Partnership Property Annexation Agreement and Development Agreement(Onishi-McHugh Professional Building) a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning 2. PC 2006-21 Resolution Approving the Final Plat of Subdivision for Villas at the Preserve Public Safety Committee Report: 1. Ordinance Amending City Code Title 6—Traffic, Section 6-2-6 Repealing the Prohibition of Overnight Parking Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. Collective negotiating matters between the public body and its employees or their representatives,or deliberations concerning salary schedules for one or more classes of employees. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005—2006 ,PI UBLIC 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 City Council Meeting Agenda May 9,2006 Page 5 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005–2006 (con't) �CONOMIC DEVELOPl� __ Committee Departments Liaisons Chairman: Alderman Mums 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 'LPUBLIC 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 AD-HOC: TECHNOLOGYI Committee ------- ----------------------- Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock 02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER 2002/011 {�t�blie -flcav✓ nC) 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 Ii30 553 5(64 DANIEL J. KRAMER 4 003/011 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 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 -2- 02/27/2006 12:20 FAX 630 553 5764 DANIEL J. KRAMER 0 004/011 herein contained, the parties agree, to the terms and authority provided in 651LCS 5111-15 through 65ILCS 5111-15.1-5 (2004), as amended, as follows: I. 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 5111-15.1-5 (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 5764 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 a008/011 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 [a 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 830 553 5764 DANIEL J. KRAMER a008/011 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. 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 —7— Q2/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER la 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. 02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER a010/011 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 Clerk 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 —9— 02/27/2006 12:21 FAX 630 553 5764 DANIEL J. KRAMER 12 011/011 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 B - R-2 zoned area legal description Exhibit F R-2 Single Family Residential District Zoning Ordinance and uses —x0— DRAFT-CLB-5/4/06 FIRST AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (GarritanoBrummel Property) THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("First Amendment") is made and entered as of the day of , 2006 by and between MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC (collectively, "OWNERS"), PULTE HOME CORPORATION, a Michigan corporation ("DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties" to that certain Annexation Agreement and Planned Development Agreement dated September 27, 2006 by and between the Parties (the "Agreement"). CHOI/12472264.3 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described on Exhibit A attached hereto (hereinafter referred to as "SUBJECT PROPERTY"). B. By the Agreement, OWNERS and DEVELOPER intended to and did, in fact annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently within the existing corporate limits of the CITY. C. By the Agreement, OWNERS and DEVELOPER provided for the development of the SUBJECT PROPERTY for residential and commercial use in accordance with the terms and provisions of the Agreement. D. By the Agreement, OWNERS, DEVELOPER and CITY provided that the SUBJECT PROPERTY would be rezoned under the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 Single-Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of attached and detached single-family residences on approximately 254 acres legally described on Exhibit B-1 attached thereto (the "Age-Restricted Residential Parcel") and depicted as Neighborhoods 1 through 10 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the "Concept Plan") attached thereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. comprised of 16 pages dated September 2, 2005 (the "Preliminary PUD Plan") attached thereto as Exhibit E, (ii) an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 297 acres legally described on Exhibit B-2(1) and (2) attached thereto (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12, 13, 14 and 15 on the Concept Plan (the Age-Restricted Residential CHOU 12472264.3 2 Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 32 acres, legally described in Exhibit C attached thereto (the"Commercial Parcel") and as depicted as commercial on the Concept Plan. E. MPLIV 20, LLC and MLH YORKVILLE LLC,the OWNERS of the Commercial Parcel, intend to sell the Commercial Parcel (as described in this First Amendment) to a developer of commercial properties (the "COMMERCIAL DEVELOPER') who will develop the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set forth herein. F. The Parties to the Agreement intended that the Agreement serve as an Annexation Agreement for the entire SUBJECT PROPERTY and as a Planned Development Agreement for the Age-Restricted Residential Parcel. G. The Parties deem it necessary and appropriate to amend the Agreement (a)to provide that the zoning of the SUBJECT PROPERTY as set forth in the Agreement be modified a follows: (i) an R-3 Single-Family Residence District under the CITY Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of detached single-family residences on approximately 312 acres legally described on Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel") and depicted as Neighborhoods 1 through 14 on the Land Plan prepared by SEC Planning Consultants dated February 23, 2006 (the"Concept Plan") attached hereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. comprised of 9 pages dated February 23, 2006 and revised March 23, 2006 (the "Preliminary PUD Plan") attached hereto as Exhibit E, (ii) an R-2 Single Family Residence District as a community consisting of detached single-family CHOI/124722643 3 residences on approximately 161 acres legally described on Exhibit B-2 attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 15 and 16 on the Concept Plan (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 110 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel") and as depicted as commercial on the Concept Plan and (b)to provide the additional covenants and agreements as are set forth in this First Amendment. H. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this First Amendment. The Plan Commission conducted a Public Hearing regarding the requested rezoning on April 12, 2006 and conducted a Public Hearing regarding the Preliminary PUD Plan for the Active Adult Parcel on April 12, 2006. The City Council conducted the public hearing on the First Amendment to Annexation Agreement and Planned Development Agreement on May 9, 2006. I. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. J. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this First Amendment to Annexation Agreement and Planned Development Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and CHOI/12472264.3 4 development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree that the Agreement is hereby amended and restated to read as follows: 1. ZONING. Within thirty (30) days following the execution of this First Amendment,the Corporate Authorities shall adopt such ordinance as may be necessary to rezone the SUBJECT PROPERTY under the provisions of the City Zoning Ordinance ("Zoning Ordinance") as follows: (i) an R-3 Single-Family Residence District under the CITY Zoning Ordinance with a Special Use for a Planned Development as an age-restricted community consisting of detached single-family residences on approximately 312 acres legally described on Exhibit B-1 attached hereto (the "Age-Restricted Residential Parcel") and depicted as Neighborhoods 1 through 14 on the Land Plan prepared by SEC Planning Consultants dated February 23, 2006 (the "Concept Plan") attached hereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, h1c. comprised of 9 pages dated February 23, 2006 and revised March 23, 2006 (the "Preliminary PUD Plan") attached hereto as Exhibit E, (ii) an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 161 acres legally described on Exhibit B-2 attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 15 and 16 on the Concept Plan (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 110 acres, legally described in Exhibit C attached hereto (the CH0 1/1247226 4.3 5 "Commercial Parcel") and as depicted as commercial on the Concept Plan, provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural shall be permitted as legal non-conforming uses of the SUBJECT PROPERTY until such portions are actually developed. 2. VARIATIONS FROM LOCAL CODES. In addition to the specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit F attached to the Agreement, the lots to be developed within the Conventional Residential Parcel may contain a lot area of 10,000 square feet each, or more, as determined by DEVELOPER; provided, however, that any lot containing less than 12,000 square feet must be adjacent to open space or a detention area. 3. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. The following is added at the end of the first full paragraph of Section 17 of the Agreement: "Furthermore, at DEVELOPER'S option, model homes may be constructed in unplatted areas prior to Final Plat Approval with the understanding that such construction shall be at DEVELOPER'S sole risk. No more than six (6) models may be constructed at any time in unplatted areas. The Building Department shall issue building permits applied for on any lots without separate PINS with the understanding that at such time as a separate PIN is issued for any such lot, DEVELOPER shall provide the PIN to the CITY for the lot." 4. COMMON FACILITIES IN AGE-RESTRICTED RESIDENTIAL PARCEL. Exhibit M attached hereto, being the depiction of the Common Facilities for the Planned Unit Development Age-Restricted Residential Parcel is hereby substituted for Exhibit M to the Agreement. (SIGNATURE PAGE TO FOLLOW) CHOI/12472264.3 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: MPLIV 10,LLC By: Name: Its: MPLIV 20,LLC By: Name: Its: MLH YORKVILLE, LLC By: Name: Its: CHO V 12472264.3 7 DEVELOPER: PULTE HOME CORPORATION By: Name: Its: and By: Name: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Name: Its: Attest: Name: Its: CHOU 12472264.3 8 LIST OF EXHIBITS TO FIRST AMENDMENT EXHIBIT A Legal Description of SUBJECT PROPERTY EXHIBIT B-1 Depiction and Legal Description of R-3 Age-Restricted Residential Parcel EXHIBIT B-2 Depiction and Legal Description of R-2 Conventional Residential Parcel EXHIBIT C Depiction and Legal Description of B-3 Commercial Parcel EXHIBIT D Concept Plan For SUBJECT PROPERTY EXHIBIT E Preliminary PUD Plan for Age-Restricted Residential Parcel EXHIBIT M Common Facilities for Age-Restricted Residential Parcel CHOI/12472264.3 9 EXHIBIT A TO FIRST AMENDMENT LEGAL DESCRIPTION OF SUBJECT PROPERTY CHOl/12472264.2 PARCELI: THAT PART OF THE WEST 112 OF SECTION 4,PART OF SECTION 5,PART OF THE NORTHEAST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST 1/4 OF SECTION 9,ALL IN TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE WEST LINE OF THE EAST 1/2 OF SAID SECTION 5;THENCE NORTH 0 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE,2673.13 FEET TO A POINT 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 5;THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS WEST 1323.10 FEET;THENCE NORTH 0 DEGREES 02 MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5;THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTH- WEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5;THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE WEST LINE OF SAID NORTH- EAST 1/4 1828.36 FEET;THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH;THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET;THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS WEST ALONG SAID CENTER LINE 300.01 FEET; THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET;THENCE SOUTH 0 DEGREES 56 MINUTES 40 SECONDS WEST 240.28 FEET;THENCE NORTH 89 DE- GREES 14 MINUTES 01 SECONDS EAST 1428.51 FEET TO THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 4;THENCE SOUTH 0 DEGREES 02 MINUTES 57 SEC- ONDS EAST ALONG SAID EAST LINE 991.84 FEET;THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB ROY DITCH;THENCE SOUTH 3 DEGREES 28 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE 1373.75 FEET;THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD;THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAID CENTER LINE,3318.05 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST 1/4 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT IS 1828.85 FEET SOUTH OF SAID NORTH QUARTER CORNER, AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST 1/4 OF SECTION 5 AND THE NORTHWEST I/4 OF SECTION 4 TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,BOUNDED AND DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5;THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5,A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK,AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10,1967,KNOWN AS TRUST NO.35913 RECORDED AS DOCUMENT NO. 154368 IN BOOK 152,PAGE 392 AS SAID NORTH LINE IS MONUMENTED AND OCCUPIED,HEREINAFTER REFERRED TO AS LINE"B",FOR THE POINT OF BEGINNING; THENCE EAST ALONG SAID LINE"B",A DISTANCE OF 3596.80 FEET TO THE CENT ER LINE OF ROB ROY DITCH;THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,A DISTANCE OF 205.00 FEET TO THE INTERSECTION WITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE 'B';THENCE WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,IN KENDALL COUNTY,ILLINOIS. AND ALSO EXCEPT THAT PART,IF ANY,FALLING IN PARCEL 2,ALL IN KENDALL COUNTY,ILLINOIS. PARCEL2: THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND NORTHEAST 114 OF SECTION 6,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:BEGINNING AT THE NORTHWEST CORNER OF SECTION 5;THENCE EAST ALONG THE SECTION LINE 1331.4 FEET;THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 7 MINUTES MEASURED FROM WEST TO SOUTH FROM THE SECTION LINE,2321.5 FEET;THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES, MEASURED FROM NORTH TO WEST FROM THE LAST DESCRIBED COURSE, 1328.7 FEET TO THE WEST LINE OF SECTION 5;THENCE SOUTHERLY ALONG THE SECTION LINE,FORMING AN ANGLE OF 89 DEGREES 27 MINUTES,MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE,146.4 FEET;THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTES,MEAS- URED FROM NORTH TO WEST FROM THE SECTION LINE, 1553 FEET;THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES,MEAS- URED FROM EAST TO NORTH FROM THE LAST DESCRIBED COURSE,2461.1 FEET TO THE NORTH LINE OF SECTION 6;THENCE EASTERLY ALONG SAID NORTH LINE 1534 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6,TOWN- SHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,LYING SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT APOINT 1876.07 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6,SAID POINT BEING ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY DOCUMENT NO.73-2841(TRACT 1);THENCE WEST ALONG SAID NORTH LINE 1133.17 FEET TO A POINT OF INTERSECTION WITH A LINE 415.0 FEET PERPENDIC- ULARLY DISTANT EAST OF AND PARALLEL WITH THE EAST LINE OF THE LAND CONVEYED TO EARL P.AND EMMA V.KONICEK BY DEED RECORDED AS DOCUMENT NO. 136414 IN BOOK 126,PAGE 41;THENCE NORTH ON SAID PARALLEL LINE, ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID COMMONWEALTH EDISON COMPANY BY DOCUMENT NO.73-2841 (TRACT 1),1897.19 FEET TO THE NORTH LINE OF SAID SECTION 6 AND THE POINT OF TERMINATION; AND ALSO EXCEPT THAT PART OF THE NORTHWEST 114 OF SECTION 5,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE EXTENDED EASTERLY FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SECTION 5,WHICH POINT IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAID SECTION 5,ALL IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY,ILLINOIS. PARCEL3: THAT PART OF THE WEST HALF OF SECTION 5 TOWNSHIP 37 NORTH,RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER,642.93 FEET TO A POINT WHICH IS 162.00 FEET SOUTHERLY OF THE ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 102 DEGREES,56 MINUTES 02 SECONDS WITH THE LAST DESCRIBED COURSE,MEASURED CLOCKWISE THEREFROM,100.00 FEET TO A POINT WHICH IS 169.50 FEET,AS MEASURED PARALLEL WITH SAID EAST LINE,SOUTHERLY OF SAID ORIGINAL CENTER LINE;THENCE NORTHERLY PARALLEL WITH SAID EAST LINE,169.50 FEET TO SAID ORIGINAL CENTER LINE FOR THE POINT OF BEGINNING;THENCE NORTHERLY PARALLEL WITH SAID EAST LINE,14.66 FEET TO THE PRESENT CENTER LINE OF GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE 5,1964 AS DOCUMENT NUMBER 145193;THENCE WESTERLY ALONG SAID PRESENT CENTER LINE,1,675.69 FEET TO A POINT OF CURVATURE;THENCE WESTERLY ALONG SAID PRESENT CENTER LINE,BEING ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 42,975.00 FEET,933.19 FEET;THENCE WESTERLY ALONG SAID PRESENT CENTER LINE,64.12 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER;THENCE NORTHERLY ALONG SAID WEST LINE,957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE NORTHERLY ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 5,920.88 FEET TO A POINT WHICH IS 2,316.00 FEET SOUTHERLY OF THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE EASTERLY,2,651.03 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF,2,686.96 FEET TO SAID ORIGINAL CENTER LINE;THENCE WESTERLY ALONG SAID ORIGINAL CENTER LINE,101.94 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS. EXHIBIT B-1 TO FIRST AMENDMENT DEPICTION AND LEGAL DESCRIPTION OF R-3 AGE-RESTRICTED RESIDENTIAL PARCEL CI-I011 12472264.2 V ( JWQ QQs :iJ>�oay4 Ell �f % V) ZFOO ER� ap �, eBbH a' I y Ruing m g Kin be Ye gS r�y;3 Ea gqyCaIN ! c a¢I 'a ie99 aQ�`Zx _ C r N F �r m 3899.39'S00°09'21"E mn � 2 y m O b X OQiI mm°.m Wei J uj 8 W Irv: J Q QF 5 0Opl ItIiIIY: 11'11 g Z ❑ W 41 W z W v n uy? ft 0 131 1' �A N0123'W 0 0 y 1820.16' °10' �— 293.59 NOt°18'23'W 6 SOt°18'23"E [' N91 18'2rW 7SF 0 a m w yy ggg ppgqee kbC C.p a�� &y� 55 a'a o gQana kapx f a. a 3p 0 W 2'm [p rpaa`��pppp�� CC93 gyp¢9 94 j N N 'co °$ � � d °Y zw n 3 k gEn > 4 Y Y8Y k rc m u c19 m I k'k ee Y p¢� q zgg 0 o 6,00 -F u a m 3 gk�% as pE¢9Ck aka �g pG 0 3°k m h aGa¢p rc F J z U wn., m ".' gg $k"d ap�38 3 ka. I I8 Q z j U X.0 Ck�flapp AY a u F w a z o E u 88.�{. a�pa'9&atp @@ �Bq'�epRb"k¢a$�F8a6 d U C W ems, O Q m$ 4gk � byblCba�86e a5RBd�56h a ma 6 929.61'N01°1610'NY 95i.03'NO1°10'3i'W Q a + �gg1i e p i w w �a�l ,.,a, f F p Cpg!'@E C`p �&y�KRI¢ ay� 8YY gY Sk G $ tl+p�3 aaa�k tlpEi � �;.d EXHIBIT B-2 TO FIRST AMENDMENT DEPICTION AND LEGAL DESCRIPTION OF THE R-2 CONVENTIONAL RESIDENTIAL PARCEL CHOV 12472264.2 �518� l6g € a q zraS . ee U w-aw 8 Ji w N U)74w Wii yOw �pQ �eY^Y G Wv �RE F(J 2 8 36020.009,EL'ELOZ p'6 m .bf'LZEZ 9'9Z9L S 3.60.ZO.ODa 9E'92BL W < yw r- Vd w T pW w w2 g<O, U z =F z w 0 aoC / �„ M.OEZOAN 995ZEZ r w .9'LZEZ Q O W w lit ON � ��jjj Q.2 6 p 't 8 0 8 �"c Q F E— 10919L 'b slab z $fig- 8 Q S — Ey °°v Et U § � z.0 b N � 59 2 a On W jtY �mm Q a J � rz�r hoa W U a 0: 4 .r'0 mamz QDW rn ¢F miu ynn a Pie x :a ttD0 � a a V IL 0rz O2W; a � z �aeo 9 m°Id ma4 m m' 3 N m o � u z ge n 1 4 z�mrc @E b § d N a0a a g m NW ujro c i a�w�a m o'FU3tE zzw o E 8a x <Z'o q U'N—Ww Zy W JK wzi KFw �r6 a �J e� gg LL�a at 3 07 -fig "`'Fu 8i°a Lc! b� � z? "fix# bgbyb" mR m UM< e° � 3 mge_b 4SMF� _ s j [� w F� � n& YF'dF F Y ��3 e � tgW 4 Z Y yMaM �baa5dgsa ao� w�W t ## gg n a z Q I-' O a¢7Y378"� F ., asgb € y�Mb Z It o YMa Mn ' $e 4 m $ g z F77 Lh Wu > � w o W w Q z 0"A pYbt�esa � e ia Z J x MGM" 7�Y aE F aMZ a b bFge b^ nNfi z bra awx. A`� xa " R �tja � $a FY< Y 6Sa 7 m o'Y 7 R���°0�Mb$a s y a�0eY k=$@ �01ai -ea 8 g'F g M'a � n81 M MF e$ 7` 3M e b ap N ,r� �Y g � ®g § b " p " 8 aggg =M y$ a 3FYMb P'g Lg giu F of 8$b Xy. $" 6b e�93�a �g5 �,{5 Zc xb RPM F gM� �b0� � � a� q' ���JR,%a,!RJ � �g a� h `� .= p . 'o N aM ° "Fg � ae F €"S k b EM hARNIN8 '°��e F z F F: ZN m # b ■ M$ $ M '$ Y e y. a "b '� e be t I g u ° n y". .F Z Hoy i_ R, h b- { M e ghWL'� ) by b K a °M 3a 8M $ �` a 3 $ �^ . % " e_°e b �" e 0-m; i°e �^bM"i a Via$ R 0 e a -ps � b ga w�� s MM 7 °° m m ° mm°o 8b �aam $b � WMM �� . a8"s� G :M Zwmi'o� n aFWZU}an wZ� � wa�40 0x W, aEmzXiz u° z E m, a IL a m°W m WN 3° ol �N W EXHIBIT C TO FIRST AMENDMENT DEPICTION AND LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL CHOI/12472264.2 q"Aq m ooF P tl�i Bead• s 8 a �a a2 €_6 E m Quww 4 �A .d t p gS 4P ° 8 g�f �h mIJ 3° q x wt<" W �JKw U'. E.1 g1- C7 qYz poFi kR�� g6E R°6 oa Y, 3� IRA A k L 5]6.85' �H 47 .0 [ at w 3' "j¢ m ,sres 4 LLB J 3 � V pJa � W U Y a� s LL 360.39=0'04'21'E o iL >. > "Ai Z y.A p U h ° 818.00' 113].51' VMW N01°ie'2vw NOt°10'23"yy 50O1°t023'E U 04 °a �` _ek zb " .ae b .'aE a° a� h s tae a o a>< a�- g k S" f-� ? W , r� ^# ca a „" Ky a �y� h" p g Jae° ax a na : s an o a m r a: =' - a °^ b” l ^g�-iy n y u n?m .bay ; & k�": °sYagaghe " a42.-aa A e "a syp rc o M7 9"°aa �8- a g°q. a <�i<` d o`o a�o F o 4 h9 -^ a Yah'"�" `�S£ 5y' a ha a "a. W W W z m @h .. N$ k 8 '$9_ � '0..f � °W > o ° ; n ab3gg" hW ° h k` a ; Sa F a n a83.ka pR �aa s ale$ @` .baa° b 7 .. a u z U �" 7 �" '• �C°��"..a 8b Ea b aSb " a sa= a a x r R q Gelb a"yg g m h .. �a h`h z o S W b a b o s F rc z �a xk Ice p z u° rc z o • �•sb " 5p `y `a W °W LL�a�` k5`baxk � y"e "a a Ke` 33: a apb gW •c gg Ina -4 "a4 �K4FgB � ye;=as$ ° "� ` Weg �b hg „ & a`eya" a>ba o �a�a .ya wa ya Y 7$ �• • gg - €Fa e<rzba �Aba3eY4 €b 8a7 6Wrb&�"aasab� aabua$ EXHIBIT D TO FIRST AMENDMENT CONCEPT PLAN FOR SUBJECT PROPERTY CHOI/12472264.2 i N d m 0 p r° O v.? a( zz> .�aw a�u DES€°11 o �° WD z °u r z �7 1 9t' F35Ya �� gx 3 u� �'w z YS HM ups <o g zmo E '�_$ I w rIF#1.�I7.. �� tpO o FT11I Igls I ,.° I-7 j a a�t�� W u' > $ lq CO > �� o •�' � � I i�R � g o ., : �Z2r _ F!g S w 3 R � <¢� In Nil �oilM Jilt gi III! k tYY Y�Y?tYVfY Y°YYYrY Yrx+. Mpg ���4 54'�{d.'J � `1 Pq.._I 9 �_ on-per _ �•� jr R g j= PHU i DDUI io CIF' 3 EXHIBIT E TO FIRST AMENDMENT PRELIMINARY PUD PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL CHOU 124722642 LT CO m 00 r 0 z U 338' aUzw MM 9 No ON CiLL �H ER 1/ a i .2R IL SN It wl -1 lit IL 'JJ" .11N ti if LLL 1 ql MEN P 1 1 €1 � � C GIi " �4 � i��� #�.. 5- 1 I - H y E F I-. L _ f y J I� r vI fill - •4 Y�t - Cl TN�a /Ark Oil Z MW /y� W a O 9 1 J E - rv3 3$3i e r e 'i GG G Ii j I I i f5 zy x.a ca a°o3 ?g U x I' I � i I T:'i7 w 1 0 -W a � it �' NOLLtlON OJNOLLtl[IN OJ ONS�335 gg y: gie 3y* I as] C y ii s ro aR w �Qy40� �€ 13 HS 31S Uzi a c Ilk Fa �2 y � iiai @ d x � aO 3a: W2 y - ..a� v ti I a:5 3R a 3 s uie d !f �i� 3a Sa _ �� I �� �'� d t �`slii � 1� J`i`� \ ,314 1314 1 4Raa¢ �a i ��� _ [ Nip v z x•P � _ g � '_ 3 3 e 3P 11-f 91 5 x ]5 _ d i ' @r W a W rc LL �� I TO - a ] att `4 ,g iH ( i P.g � I a-aaN Ad raH V + J - _�__ V yi ! 14� }}e J 4' ��/^�1 i ftz ,"a: ii Yz � W ¢ W a 6 �' Q. ■ � ..3, i_5,, ,^ i€4V , i a �J`NjF�, :;y Yl F �3� $ � F'' 1 $ y. 51 ,# OL e vU-RAI.—l T eze_ `� zd �a #15 p z� YtO #ao$. N 4 p ga F 1 1 tY 5{ y' /V• 1 ei I Z �� ` � � � I e ' • i �I 0. ^Lrci to L RAN es J �E Q t g 'v %) f �zsllb ._3 I ICI DWI 3 ^k� _ i F 1 Cee 3 , 5 aY f. sans I � :I I din 6 L4 a , ,M N9% a n ° a Llk f �a1 AY ke �b c ✓ r � K a, J.. eh ; Q U)am = w2 3 a _— a a z a3 sj e, PM lffl � O III �5� m - is MM g dR o9 �2� u sL +1 g C F'I - I ;n, wrc 1� E t -e t s. h 11L—_-LU Ha.akw t _ £ 1, i6$g W d ( a �3 4,,,6 Se za5; I _ 11 1 E f> — a 1 - � At �S �u?"'O b o� x I zgg�' Fit 8� �A Fa 6]s cam it < 33f g `o 3g� `•O d Id ��a Rt 000:d d .E 5 S :Eei CIC III — ^ o LLI] € 4 �€+ F F eTTTT _ ti 3 Q. rare GOUq � @GGn }II 60Jit z7 wrc z Z W w r - a ..l II . k a Fe 1€ " € II , % I ol S^d.4is^I 1 _ g .+ s c L_— G S, 0 . EXHIBIT M TO FIRST AMENDMENT COMMON FACILITIES FOR AGE-RESTRICTED RESIDENTIAL PARCEL CHOV 12472264.2 _ I1 L IiwiLLLW I PRE MIT s o � IIL � 11 € o ; a W .a U w°a U w u x z_ s a ^ i 05/04/2006 16:01 FAX 16303555976 DBCW IA 002/002 P(, h�IC �eQD IY�OJ3 DOMMERMUTH, BRESTAL, COBINE & WEST, LTD. ATTORNEVS AT LAW WILLARD F BRESTAL 123 WATER STREET CRAIG J COBINE POST OFFICE BOX 565 KATHLCEN C.WEST ROBERTG GIBSON NAPERVILLE, LLINOIG 0666-0566 EDWARD J.WELCH IWO)355-5600 KEVIN M GENSLER JOHN PI-IILIPCHLICK FAx(6ao)ap6-ss�s KEVIN M GALLAHER CV ARLCS J.CORRIGAN JAM6�i H.S6111NA VAIIIA H6HN1$AHU HUMIELL G.WHI I AKLR,III VINUEN I M.HUSANOVA ALBIN DOMMEOMLITH 1310-1990 May 4, 2006 Honorable Mayor Arthur Prochaska and Aldermen CITY OF YORKVILLE 800 Game Farm Road Yorkville,Illinois 60560 Re! MPI-6 Yorkville South Annexation and Preliminary Plan and Plat Dear Mayor Prochaska and Aldermen: MPI-6 Yorkville South,LLC,is requesting that the above-referenced matter,which was scheduled for the May 9, 2006, City Council meeting for public hearing on the annexation agreement, be continued to the June 13, 2006; City Council meeting. The petitioner is requesting the additional time to work out the outstanding issues with regard to the utilities necessary to service the proposed development. Thank you for your consideration in this matter. AVe lyBernhard 121775// 51913/1 Ti, b)Ic, -�enrin -4q `QED CIP Reviewed By: J J= T Legal ❑ City Council Es �® 1836 Finance ❑ EST Engineer ❑ 4 y City Administrator ❑ Agenda Item Tracking Number 9 ate^ 20 Consultant ❑ ❑ SCE City Council Agenda Item Summary Memo Title: Zoning Ordinance—Chapter 13 Planned Unit Development Recommended Modification City Council/COW/ Committee Agenda Date: April 27, 2006 Synopsis: Recommended revision would process PUD requests as a Zone Map Amendment, allow petitioner entitlement of unit count and density at concept level, and allow staff to better administer/track PUDs Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: J�.�e.o C'r 0 United City of Yorkville Memo 800 Game Farm Road EST 1 e_ 1836 Yorkville, Illinois 60560 A-� Telephone: 630-553-8545 �� p Fax: 630-553-3436 <GE Date: April 13,2006 To: EDC From: Travis Miller, Community Development Director Subject: PUD Ordinance Recommended Modifications The Plan Commission conducted a public hearing April 12,2006 regarding the recommended PUD Ordinance modifications and unanimously moved to forward a favorable recommendation to City Council to approve the recommended Zoning Ordinance text amendment. Purpose of recommended modifications Timing and Expense for petitioner: The current PUD Ordinance requires the petitioner to complete a preliminary plan which includes preliminary engineering,preliminary landscape plans and photometrics, all involving considerable time and expense in preparation without any approval or entitlement resulting in somewhat of a hardship for petitioners who choose to request a PUD. PUD should be unique: Furthermore,the current ordinance merely provides a tool for applicants to request several variances and special approvals without necessarily providing the City with any benefits in return. A PUD should provide attributes in excess of conventional zoning and the ordinance should describe what these attributes should generally address such as special architectural standards, incorporating natural or historically significant site elements or providing a mix of land uses not allowable with conventional zoning. Administration/Record Keeping: With the exception of Agriculture,the current zoning provisions allow PUDs as a Special Use in all of the existing zoning classifications. By administering a PUD as a Special Use,the underlying zoning is reflected on the City's Zoning Map without a method to easily identify which areas are governed by a PUD without researching each property. By establishing a PUD zoning classification in the ordinance,the City can more easily administer development projects by depicting the areas as such on the zoning map and codifying each to correspond to the PUD Concept Plan on file describing the allowable uses and restrictions within the PUD. Recommendations: Attached is Zoning Ordinance 10-13 Planned Unit Development Ordinance with recommendations incorporated to text. New text is highlighted and text to remove is struek tkoegh.. As you will note during your review, additional language has been recommended to describe the Purpose of the PUD including a clear statement explaining that a PUD should provide value to the City over and above a conventional zoning district and lists attributes that shall generally be provided. The changes to procedures for reviewing and approving a PUD are recommended to allow for the Concept Plan to become, essentially, the zoning map for the subject property. This recommendation requires two public hearings and additional review by the Plan Council during the Concept Plan stage and includes procedures similar to zoning amendments. Draft Revised 04/13/06 COUNTY OF KENDALL ) ) ss STATE OF ILLINOIS ) ORDINANCE NO. AN ORDINANCE ADOPTING THE REVISED PLANNED UNIT DEVELOPMENT ORDINANCE IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SECTION: 10-13-1: Purpose 10-13-2: Procedure 10-13-3: Delineation on Zoning Map 10-13-4: Pre-Application Conference 10-13-5: Concept PUD Plan and Amendment of Zone Classification to Planned Unit Development 10-13-6: Preliminary PUD Plan 10-13-7: Development Standards 10-13-8: Fees 10-13-9: Severability 10-13-10: Repeal of Conflicting Ordinances 10-13-11: Effective Date 10-13-1: PURPOSE: The purpose of this Ordinance is to provide for an alternative zoning procedure for innovative developments that provide value to the community over the conventional zoning district and which is consistent with the Comprehensive Plan and intent of the zoning ordinance. Planned Unit Developments (PUD) are intended to encourage the most imaginative and best possible design of building forms and site planning for tracts of land where unitary plans would best adapt to topographic and other natural features of such sites. Under this procedure, well planned residential, industrial, commercial and other types of land use, individually or in combination, may be developed with design flexibility. Planned developments must be environmentally compatible. They should have a more beneficial effect upon the health, safety and general welfare of the people of the 1 Draft Revised 04/13/06 city and particularly, in the immediate surroundings, than developments built in conformity with standard district regulations. additional standards are establis-hed to guapd against th8iF U661 solely as a FAeaR6 of intensifyiRg the use of la-Rd- If building density is increased above densities allowable by the zoning district in which the use would be permitted on a particular portion of a PUD then the amount of open space, retention of existing vegetation, buffer areas, new landscape, public commons, community open space, and parks shall be evaluated for proportionate increase for the remainder of the PUD. The Planned Unit Development district shall generally provide attributes in excess of conventional City Zoning, Building and other land use requirements by (this list being representative and not exhaustive): a. Providing a maximum choice of living environments by allowing a variety of housing and building types; b. Demonstrating excellence in environmental design and the mitigation of land use factors or impacts; c. Promoting a more useful pattern of open space and recreation areas incorporated as part of the project and that is compatible with the immediate vicinity; d. Utilizing materials and design of buildings, signs and the site that provide for a unified theme throughout the development; e. Providing substantial landscaping with emphasis given to streetscape areas, buffer zones, and the provision of significant landscaping (in terms of size of landscape areas and quantity and quality of landscape materials) within the developed portions of the site; f. Incorporating a consistent architectural theme which is unique to the specific site and surrounding community through the use of materials, signage and design. Generic corporate architecture and big box designs are strongly discouraged but not prohibited. Uses should be designed according to the limitation of the site rather than the removal of the limitations. Specific design details such as roof parapets, architectural details, varying roof heights, pitches and materials and building colors and materials should be addressed; g. Retain, utilize and incorporate historic features on the project site into the overall project design if physically and economically feasible; and/or h. Provide a consistent signage theme. The use of signage design guidelines is required for multi-phased projects. 10-13-2: PROCEDURE: Because a PUD is a rezoning, the public hearing and findings of fact shall follow the procedure as outlined within Zoning Ordinance 10-14-7 as well as those 2 Draft Revised 04/13/06 outlined below. In the event of a conflict, these procedures will control. The approval process includes the following stages: A.Pre-application conference. B.Concept PUD plan and Zone Map Amendment. C.Preliminary PUD plan. 10-13-3: DELINEATION ON ZONING MAP: Approved planned unit developments shall be delineated and designated PUD and by number on the zoning district map. A file, available for inspection by the public, shall be maintained by the zoning officer for each planned development so designated. The file shall contain a record of the approved development plan and all exceptions authorized therein. following stagesi A.Pre application B.GGR%pt plan 10-13-4: PRE-APPLICATION CONFERENCE: A.Purpose: The purpose of the pre-application conference is to provide advice and assistance to the applicant before preparation of the concept plan of so that the applicant may receive input on: 1. Whether the proposed planned unit development will be in conformity with the comprehensive plan and the goals and the policies of the city of Yorkville. 2. Whether the zoning classification of planned unit development is appropriate for the development. B.Procedure: Prior to filing an application for approval of a planned unit development, the petitioner shall be required to contact the city administrator or his designee to arrange an informal preapplication meeting with city staff and its consultants. The preapplication conference shall be held with staff. At such conference the applicant shall provide information as to the location of the proposed planned unit development, the land use types and approximate area of proposed land uses, a list of any and all exceptions to the zoning ordinance and subdivision regulations; and other information necessary to clearly explain the planned unit development. Staff shall review and provide input on the proposal's compatibility with the comprehensive plan and the goals and policies for planning of the city and 3 Draft Revised 04/13/06 advise the applicant on the information, documents, exhibits, and drawings on the proposal that should be included in the application to the city for a planned unit development. 10-13-5: CONCEPT PUD PLAN AND AMENDMENT OF ZONE CLASSIFICATION TO PLANNED UNIT DEVELOPMENT: A. Purpose: The presentation of the concept plan and requesting an amendment to the zone map is the first step in the planned unit development process. The purpose of the concept plan is to enable the applicant to obtain the epinieas and-recommendations of the city staff, park board (residential developments only) and plan commission and city council approval of concept, density and dwelling unit number prior to spending considerable time and expense in the preparation of detailed preliminary PUD plans. B. Procedure: Not less than thirty (30) days before the next available park board planning meeting or plan commission meeting, the applicant shall file an application with the clerk's office for review of conceptual planned unit development plan. The application shall consist of the following documentation: 1. A completed application form. 2. An aerial photograph exhibit of the property taken within the last two (2) years. The aerial photograph exhibit shall not be less than one inch equals four hundred (1" = 400) scale and shall include the following: a. Name of proposed development. b. Outline of property boundaries. c. Adjacent area within one-fourth (1/4) mile of property. 3. A zoning plat including a legal description of the property to be included in the Planned Unit Development. 4. A written explanation of the general character of the proposed planned unit development that shall include the following: a. a description of all land uses to be included in such district (including open space) with percentages of each use; b. projected densities for each residential use; c. a description of the development standards and design criteria applicable to the proposed planned unit development; d. an outline describing why the property should be developed as a planned unit development; 4 Draft Revised 04/13/06 e. Identification of the conventional zoning classification allowing the uses for each land use type included; f. a list of requested exceptions to applicable city ordinances and codes. 5. A conceptual planned unit development map or plan. The plan shall include the following: a. North arrow, scale and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of petitioner/developer. e. Proposed name of the planned unit development. f. Proposed land uses. g. Total acreage and percent of the site devoted to each land use. h. Location of proposed streets aad lets. i. Proposed dedication of land for school and park sites, if applicable. j. Land area to be used for open space such as storm water basins, buffers, parks and trail corridors. k. Proposed approximate building footprints and estimated floor area for all nonresidential structures, if any. I. Approximate Maximum number of residential units. m. Approximate Gross and net densities. n. Wetlands, floodplain and floodways obtained from published data. o. Location of lakes, ponds, streams and drainage swales. p. Existing vegetation including description of predominant vegetation types and sizes. q. Existing contour lines with a minimum of five foot (5') intervals obtained from published data. 5 Draft Revised 04/13/06 r. Location of existing and/or proposed water, sanitary and storm sewer systems intended to serve the development. s. Proximity to existing and proposed transportation corridors and a written statement with regard to transportation impacts due to this PUD. t. Written description of how the existing utilities are planned to be extended to serve the development. u. Any other data reasonably necessary to provide an accurate overview of the proposed development. v. planned unit developmeRt. and cedes 6. Other documents may be requested by the city if it is determined necessary to clearly describe the planned unit development. 7. The clerk's office shall have the application reviewed for completeness. If the application is not complete, the applicant will be notified by the clerk's office as to the deficiencies. The application will not be forwarded on for review until the application is complete. C.Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the concept for the planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. D.Park Board Review (If Applicable): The park board shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general input on the following: 1. Compatibility of the proposal with the recreation master plan and park development standards. 2. Layout and organization of the open space system. 3. Compliance with the city's land-cash ordinance for parks. 6 Draft Revised 04/13/06 4. Other documentation that the park board would recommend be prepared during the preliminary planned unit development plan phase. 5. A formal recommendation by vote is not given for a conceptual planned unit development plan. E Plan Commission Review Recommendation: The plan commission shall conduct GOFRFAeRtS an the following at least one public hearing in accordance with Illinois Compiled Statutes. However, the Plan Commission may continue from time to time the hearing without further notice being published. After the close of the public hearing, the plan commission shall recommend to the City Council approval or denial of the zone map amendment to PUD to allow the concept for the planned unit development. The Plan Commission shall base its recommendation on the Development Standards 10-13-06 of this ordinance and based on the following findings: A. The compatibility of the proposal with the Comprehensive Plan, Transportation Plan, Zoning Ordinance and Subdivision Control Ordinance. B. The appropriateness of the proposed land uses. C. The appropriateness of the general layout of open space, streets, parking areas, lots and buildings. D. Existing uses of property within the general area of the subject property. E. The zoning classification of property within the general area of the subject property. F. The suitability of the subject property to the uses permitted under the existing zoning classification. G. The trend of development, if any, in the general area of the subject property, including changes, if any, which have taken place since the day the subject property was placed in its present zoning classification. H. The impact that the PUD will have upon traffic and traffic conditions in the general area of the subject property. 7 Draft Revised 04/13/06 F.City Council Review: The committee of the whole shall conduct an informal review of the conceptual planned unit development plan and supporting documentation and provide the applicant with general comments on the following: 1. Compatibility of the proposal with the comprehensive plan, transportation plan, zoning ordinance, subdivision ordinance and goals and objectives of the City. 2. Appropriateness of the proposed land uses. 3. General layout of open space, streets, parking areas, lots and buildings. 4. Other documents the city council would recommend be prepared for the preliminary planned unit development plan phase. G. Mayor and City Council Decision: a. The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois statutes or may refer to the Plan Commission for further consideration. b. If an application for a proposed amendment is not acted upon finally by the City Council within six (6) months of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been denied. H. Modifications to Concept Plan for the Planned Unit Development: After the approval of the Concept Plan and Zone Map Amendment for the Planned Unit Development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved Concept Plan for the planned unit development unless approved by the city. Changes to the planned unit development will be determined by the City Administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the Concept PUD Plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the 8 Draft Revised 04/13/06 criteria set forth in this subsection may be approved by the City Administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. b. A change in mixture of dwelling unit types resulting in a greater than 10% change in quantity of any proposed unit type. c. A change in the mixture of land uses resulting in a greater than 10% change in area of any proposed use. d. Any reduction of an amount of common open space, landscaping or buffering. e. A change in the functional classification of a roadway. Minor changes not approved by the City Administrator may be approved by the City Council without review and recommendation by the Plan Commission, unless the City Council refers a request for a minor change to the Plan Commission for review and recommendation. 2. Major changes are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a Minor Change. If a major change is requested, the applicant shall submit a revised PUD Concept Plan and supporting data with an application for a major change to the clerk's office and repeat the review procedures set forth in this section. GORdLiGt a plan GGLInGil meeting and- -;hall M-Yie-NAW the GORGeptual planned -init development plan and SUPPOFtiRg dOGUFnentG and shall advise the app"Gant as to the pmpesal'S GOmpatibility with the Gity'6 GOmpFehensive plan, 2904 an V 23 2004 9 Draft Revised 04/13/06 10-13-6: PRELIMINARY PUD PLAN: A.Purpose: The purpose of the preliminary PUD plan submission is to obtain approval from the City that the plans the applicant intends to prepare and follow are acceptable as a preliminary PUD plan, and that any final plans will be approved provided they substantially conform to the preliminary planned unit development plan. The preliminary PUD plan must be substantially in conformance with the concept plan approved at the time of zone map amendment (if the preliminary PUD plan is not substantially in conformance with the concept plan, it will be deemed a Major Change and a new concept plan will need to be submitted and approved as prescribed by 10-13-5. Approval of the preliminary planned unit development shall not constitute authority to proceed with construction of any improvements but rather an approval of the general features of the plans as a basis for preparing the final plans. B.Procedure: Not less than forty five (45) days before the plan commission meeting, the applicant shall file an application with the clerk's office for preliminary planned unit development approval. The application shall consist of the following documentation: 1. One copy of the completed preliminary planned unit development form. 2. Disclosure of beneficiaries form. 3. Preliminary planned unit development plan. The plan shall include at a minimum the following information: a. North arrow, scale (not less than 1 inch equals 200 feet) and date of preparation. b. Name and address of the site planner, engineer or surveyor who prepared the plan. c. Name of property owner. d. Name of developer. e. Proposed name of development. f. Location map. g. Legal description. h. Site data, including as applicable: 10 Draft Revised 04/13/06 (1) Total acreage, and acreage and percentage of each proposed land use. (2) Percent of land devoted to streets and public rights of way. (3) Number of residential lots. (4) Floor area (nonresidential). (5) Gross and net residential density. (6) Minimum, maximum and average lot sizes. (7) Percent of lot coverage for all uses except detached single-family and duplex. (8) Identify the conventional zoning classification used to define each land use and list variances granted by the Concept Plan approval, if any; i. Aerial photograph illustrating the subject property and adjacent property within one-fourth (1/4) mile of the site. j. Existing zoning and owners of adjacent property. k. Municipal limits. I. School district boundaries. m. Property lines and dimensions. n. Residential lots with approximate dimensions. o. Location of multi-family and single-family attached buildings. p. Footprints of nonresidential buildings. q. Front, rear, side yard and corner side yard setbacks. r. Off street parking and loading areas, including number and dimensions of parking spaces, drive aisles and loading zones. s. Configuration and acreage of all land proposed as open space including storm water management areas, parks, buffers, and trail corridors. 11 Draft Revised 04/13/06 t. All sites to be conveyed, dedicated, or reserved for parks, school sites, public buildings, and similar public and quasi-public uses. u. Pedestrian and/or bicycle circulation systems. v. Existing vegetation. w. Limits of jurisdictional and non-jurisdictional wetlands. x. Limits of 100-year floodplain. y. Surface water including lakes, ponds, streams and drainage swales. z. Existing contour lines with a minimum one foot (1') interval. aa. Any other data reasonably necessary to provide an accurate overview of the proposed development. 4. Preliminary Landscape Plan indicating the name, variety, size, location and quantities of plant material for all common and dedicated areas including parkways, buffer areas, storm water basins, wetlands, entry areas, medians, and parking lot islands. 5. Preliminary Engineering Plan which shall be drawn on a print of the proposed land use plan. The proposed plan shall show an appropriate location and dimensions of all sanitary sewers, storm sewers, and water lines for all proposed land uses, drainage ditches, culverts and storm water retention/detention areas, as well as all utility easements. The plan shall be accompanied by a statement from the sanitary district attesting to the capability of the existing sewer system and wastewater treatment facility to service the proposed development. 6. Photometric Plan (for nonresidential developments only). The photometric plan shall be superimposed on the site plan, and shall: a. Identify the location and heights of all light standards. b. Identify foot-candle intensities on the site of the planned unit development, and ten feet (10') beyond proposed property lines. c. Include specifications for proposed lighting, including wattage, method of illumination, and color of light standards and luminaries. 12 Draft Revised 04/13/06 7. Architectural Drawings. When requested by plan commission or city council, preliminary architectural drawings for all primary buildings and accessory buildings shall be submitted which include: a. Typical elevations (front, rear and side) for proposed residential and nonresidential buildings, which identify materials and color styling proposed for all elements of the building. b. Proposed building heights. c. Roof plan for all nonresidential structures, which shows the proposed location of all roof mounted mechanical equipment. ZGR!Rg Plat 8. Other. The plan commission or city council may require preparation and submittal of the following for review and evaluation: a. Fiscal impact study, detailing the estimated cost which the planned unit development will have on all taxing bodies, and anticipated revenues which will be realized from each phase of development. b. Proposed covenants, conditions and restrictions and/or homeowner association bylaws. c. Other information that may be required by the plan commission or city council. C.Plan Council Review: Upon receipt of all the required submittals, the clerk's office shall distribute copies of the application and supporting documentation to members of the plan council. The plan council shall review the preliminary planned unit development and supporting documentation and make a recommendation to the plan commission as to the proposal's concurrency with the approved concept planned unit development plan and compatibility with the city's comprehensive plan, transportation plan, recreation master plan, zoning ordinance, subdivision control ordinance, annexation agreement, and other goals and policies for planning the city. A traffic impact study will be prepared by the city as part of the plan council's review. D.Park Board Review (When Applicable): The park board shall conduct a formal review of the preliminary planned unit development plan and supporting documentation. The park board shall forward its recommendation to the city council. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. 13 Draft Revised 04/13/06 E.Plan Commission Review: The plan commission shall conduct a public hearing in accordance with Illinois Compiled Statutes. After the close of the public hearing, the plan commission shall recommend to the city council approval or denial of the preliminary planned unit development plan. The recommendation may include conditions of approval intended to be incorporated into final plans and supporting documentation. F.City Council Review: Subsequent to receiving the plan commission and park board recommendations, the city council shall conduct a public hearing and shall approve or deny the application for the preliminary planned unit development plan. G. Modifications to Preliminary Plan for the Planned Unit Development: After the approval of the planned unit development, the use of land, construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved planned unit development, rather than by any other provisions of the zoning ordinance of the city. No changes may be made to the approved planned unit development unless approved by the City. Changes to the planned unit development will be determined by the City Administrator, or designee, to be one of the following; a minor change or a major change. 1. Minor changes to the Preliminary PUD Plan are modifications that do not alter the intent of a planned unit development. Minor changes which meet the criteria set forth in this subsection may be approved by the City Administrator or designee, if the proposed minor change does not result in the following: a. An increase in gross density. ARY i^^rease in deps4 b. Any change in circulation patterns or access. c. A change in mixture of dwelling unit types resulting in a greater than 5% change in quantity of any proposed unit type. Any 6hange i^ Fnixt re of dwelling W nit types d. Any change in grading or utility provisions. e. A change in the mixture of land uses resulting in a greater than 5% change in area of any proposed use. ARY Ghange on the mixture ef land uses. f. Any reduction of an amount of common open space, landscaping or buffering. 14 Draft Revised 04/13/06 g. Any change to exterior elevations of buildings which alter rooflines, building materials, approved color schemes or result in a change in architectural style. h. Other changes of similar scale, proportion or use. Minor changes not approved by the City Administrator may be approved by the City Council without review and recommendation by the Plan Commission, unless the City Council refers a request for a minor change to the Plan Commission for review and recommendation. 2. Major changes to the Preliminary PUD Plan are modifications which alter the concept or intent of the planned unit development exceeding the criteria set forth constituting a Minor Change. greater than ten PeFGeRt (4 0 that shown GR the appFaved planRed unit development plan: en.en of;;ree , ned for n nidential n projeGt. Tetal number of paFLieg n n fer then end (3) Change an type, number aw le-eatien A-f a building. 0 O A,-PA-Watkoe Ghange in the RUFflbeF ef dwelling units on the planned unit 15 Draft Revised 04/13/06 0 GUFAUIRtiVe Ghange on the height of any building OF 6tFUGtUF8 On t PlaRRed unit deyelepmeRt etheF than single family detaGhed dwe4ing If a major change is requested, the applicant shall submit a revised PUD Preliminary Plan and supporting data with an application for a major change to the clerk's office, not less than forty-five (45) days before the Plan Commission meeting. The Plan Commission shall recommend to the City Council approval or denial of the application for a major change. Subsequent to receiving the Plan Commission and Park Board (when applicable) recommendations, the City Council shall approve or deny the application for the major change. 10-13-7: DEVELOPMENT STANDARDS: The density, minimum lot size and minimum set back dimension for each use proposed within a PUD shall be determined by the conventional zoning classification which would permit the proposed use unless a variance is specifically requested as part of the Concept PUD request. Plan Commission shall make findings and recommendations to City Council for approval of the planned unit development, based upon the following standards: A.General: 1. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development. 2. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood. 16 Draft Revised 04/13/06 3. That all minimum requirements pertaining to commercial, residential, institutional or other uses established in the planned development shall be subject to the requirements for each individual classification as established elsewhere in this title, except as may be specifically varied herein granting and establishing a planned development use. 4. There is no minimum district size required for a PUD. Minimum size e pFopeFty shall be teR (4 9) aGFGG. 5. Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction or covenant, any land or space separate from single- family or multi-family residential districts to be used for parks, playgrounds, commons, greenways or open areas, the plan commission may consider and recommend to the city council and the city council may vary the applicable minimum requirements of the comprehensive plan, subdivision regulations and the zoning ordinance which may include, but not necessarily be limited to, the following: a. Rear yard. b. Side yard. c. Lot area. d. Bulk. e. Intensity of use. f. Street width. g. Sidewalks. h. Public utilities. i. Off street parking. B.Residential: 1. MiRiFAUFR size of any plaMed unit development pFopeFty shall be ten (I asFes- 1. Business uses may be included as part of a planned residential development when applicable. 2. Use regulations: 17 Draft Revised 04/13/06 a. Uses proposed are consistent with those listed as allowable uses in the respective zoning districts. 3. Uses listed as special uses in the zoning district in which the development is located may be allowed. 4. Signs. In accordance with the regulations set forth in chapter 12 of this title. 5. The plan commission may recommend and the city council may approve access to a dwelling by a driveway or pedestrian walk easement. Off street parking facilities for such dwellings shall be located not more than two hundred feet (200') from the dwelling served. The plan commission also may recommend and the city council may approve yards of lesser widths or depths than required for permitted uses in the zoning classification which the planned development is including, provided: a. Those protective covenants are recorded with perpetual access easements and off street parking spaces for use by the residents of the dwellings served. b. That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and that due consideration is given to the openness normally afforded by intervening streets and alleys. c. The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district in which the planned development is including and the plan is developed to afford adequate protection to neighboring properties as recommended by the plan commission and approved by the city council. C.Nonresidential: In a planned business development, the following additional requirements are hereby specified: 1. Residential use may be included as part of a nonresidential planned unit development. 2. All walks within the planned development shall be paved with a hard surfaced material meeting the specifications of the city engineer. 3. Any part of the planned development not used for buildings, loading and accessways and walkways shall be landscaped with grass, trees, shrubs and other plant material according to the landscape plan, as recommended by the plan commission and approved by the city council. 18 Draft Revised 04/13/06 4. Permitted business uses shall be prescribed in the ordinance granting the planned development. 5. The buildings in the planned development shall be planned and designed as a unified and single project. 6. Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches or other similar uses. D.Conditions And Guarantees: Prior to granting any special uses, the plan commission may recommend and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the property governed by the special use. E.Effect Of Denial Of A Special Use: After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council. F.Termination Of Special Use Permit: If work on the proposed development has not begun within twenty four (24) months from the date of the authorization order of the city council, the authorization shall become null and void and all rights hereunder shall lapse. 10-13-8: FEES: The city council shall establish a schedule of fees, charges and expenses for occupancy permits, appeals, applications and amendments for special use, and other matters pertaining to this chapter. The schedule of fees shall be posted in the clerk's office and may be altered or amended only by the city council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. 10-13-9: SEVERABILITY: Each section, clause and provision of this chapter shall be considered as separable, and the invalidity of one or more shall not have any effect upon the validity of other sections, clauses or provisions of this chapter. 10-13-10: REPEAL OF CONFLICTING ORDINANCES: Any and all other ordinances or parts of ordinances, in conflict herewith are repealed. 19 Draft Revised 04/13/06 10-13-11 : EFFECTIVE DATE: This chapter shall be in full force and effect immediately after passage, approval and publication in book form according to law. 20 CA3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF SUBDIVISION FOR GRANDE RESERVE UNIT 14 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary and Final Plats of Subdivision for the Grande Reserve Subdivision, Unit 14; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary and Final Plats of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary and Final Plats of Subdivision for the Grande Reserve Subdivision, Unit 14 are approved subject to staff comments, staff review, and legal review and all appropriate City officials are hereby authorized to execute same. 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 CA STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING TEE PRELIMINARY AND FINAL PLATS OF SUBDIVISION FOR GRANDE RESERVE UNIT 15 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary and Final Plats of Subdivision for the Grande Reserve Subdivision,Unit 15; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary and Final Plats of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary and Final Plats of Subdivision for the Grande Reserve Subdivision, Unit 15 are approved subject to staff comments, staff review, and legal review and all appropriate City officials are hereby authorized to execute same. JAMES BOCK JOSEPH BESCO VALERIE BURR 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 CAS STATE OF ILLINOIS )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLATS OF SUBDIVISION FOR GRANDE RESERVE UNIT 16 WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary and Final Plats of Subdivision for the Grande Reserve Subdivision,Unit 16; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary and Final Plats of Subdivision; and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary and Final Plats of Subdivision for the Grande Reserve Subdivision, Unit 16 are approved subject to staff comments, staff review, and legal review and all appropriate City officials are hereby authorized to execute same. 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 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR COZY CORNER SUBDIVISION WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Cozy Comer Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Cozy Comer Subdivision is approved subject to staff comments, staff review, and legal review and all appropriate City officials are hereby authorized to execute same. 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 CA " -7 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY PLAT OF SUBDIVISION FOR HUDSON LAKES WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plat of Subdivision for the Hudson Lakes Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Plat of Subdivision for the Hudson Lakes Subdivision is approved subject to staff comments, staff review,legal review, and historic street name on the plat and all appropriate City officials are hereby authorized to execute same. 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 CA STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR YORKSHIRE ESTATES WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Yorkshire Estates Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Yorkshire Estates Subdivision is approved subject to staff and engineering comments, staff review,legal review,becoming contiguous, and a letter of approval from the Yorkville Community Unit School District#115 and all appropriate City officials are hereby authorized to execute same. 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 crr�� United City of Yorkville Memo J 800 Game Farm Road EST. -:1836 Yorkville, Illinois 60560 < ` Telephone: 630-553-8545 Fax: 630-553-3436 <CE Date: May 4, 2006 To: Mayor and City Council From: Travis Miller CC: Dr. Engler, Superintendent Yorkville Community Unit 115 David Mogle,Executive Director Parks&Recreation Department Subject: Yorkshire Estates/Heartland Crossing Land Contributions In review of both the Yorkshire Estates Subdivision and the proposed Heartland Crossing Subdivision,the school district and Parks Board have agreed to the following: • The 10 acre school/park land contribution by Montalbano Homes within the Yorkshire Estates subdivision will be dedicated in entirety to the Parks Department. • The 19.28 acre school/park contribution proposed by Marker within the Heartland Crossing subdivision will be dedicated in entirety to the Yorkville School District. This effects the land-cash contribution calculations for Yorkshire Estates as follows: Parks Contribution 10.988 acre requirement 10 acres being donated $79,040 remaining cash requirement yields a$269.76 parks land-cash fee School Contribution 17.509 acre requirement 0 acres being donated $1,400,684 remaining cash requirement yields a$4,780.48 school land- cash fee This will effect the land-cash contribution calculations for Heartland Crossing as follows: Parks Contribution 29.7 acre requirement 6 acres being donated $1,896,000 remaining cash requirement yields a$2393.94 parks land-cash fee School Contribution 47.327 acre requirement 19.28 acres being donated $2,243,743 remaining cash requirement yields a$2,933.01 school land- cash fee S-08-206 3:46PM FROM p 2J Date: May 8,2006 To: Mayor Arthur Prochaska,Ir. Yorkville City Council From:Dr. Thomas Engler,Sup%intendentYorkvillo Community Unit 115 CC: Travis Miller,Community Development Director David Mogle,Executive Director Parks&Recreation Department Subject: Yorkshire EstatuMeardand Crossing Contributions in review of both the Yorkshire Estates Subdivision and the proposed Heartland Crossing Subdivision,the School District agrees to the following: • The 10 acre school/park land contribution by Montalbano Homes within the Yorkshire Fstatea subdivision will be dedicated in entirety to the Parks Deparhment. • The 19.28 we school/park contribution proposed by Marker within the Heartland Crossing subdivision will be dedicated in entirety to the Yorkville School District The 19.28 acre parcel must be provided off4te stormwater detention in order for the School to property site all of the necessary school facility within it The School District anticipates a need for an additional middle school which the land dedication provided in these subdivisions will not provide,therefore,this agreement is also based on the City acknowledging the School District's need for a land dedication of forty(40)acres for a middle school in the northwest portion of the City's planning area,ideally within the proposed Ocean Atlantic or Pulte developments. I am aware this effects the land-cash contribution calculations for Yorkshire Estates(294 units)as follows: School Contribution 17.568 acre requirement 0 acres being donated $1,405,462 remaining cash requirement yielding a$4,780.48 school land- cash fee per dwelling unit This will effect the land-cash contribution calculations for Heartland Crossing(792 units) as follows: School Contribution 47.327 acre requirement 19.28 acres being donated $2,243,743 remaining cash requirement yielding a 52,833,33 school land- cash fee per dwelling unit This computation does not include the required transition fees which would be in addition to these contributions. • cerely, Thomas Engler,Supperint6ident Yorkville Community Unit District 115 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING INCREASES IN HOURLY RATES AND EXPENSES FOR ENGINEERING ENTERPRISES, INC. WHEREAS, the City Council of the United City of Yorkville has considered approval of increases in hourly rates and expenses for Engineering Enterprises, Inc. (EEI); and WHEREAS, a copy of EEI's letter of explanation and 2006 Standard Schedule of Charges 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 2006 Standard Schedule of Charges is hereby approved by the City Council of the United City of Yorkville in the form set forth on Exhibit"A" attached hereto and incorporated herein. 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 52 Wheeler Woad • Sugar Grove, IL 60554 TEL- 630 /466-3350 MU 630/466.4360 www.eeiweb.=rn Engineering Enterprises, Inc. April 27, 2006 Mr. Joe Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 50560 Re: Proposed Changes in Hourly Rates and Expenses Dear Mr. Wywrot: As you may recall, we submitted our proposed 2006 Standard Schedule of Charges approximately one and a half months ago. We also have had the opportunity to discuss it with the Mayor, members of the City Council, and City Staff at a couple meetings this month. Based on the discussions at the most recent Committee of the Whole Meeting, it is our understanding that the Council is requesting that we keep our 2005 Standard Schedule of Charges for all "City" projects throughout this year. The Council also stated that they would be open to discussing an alternative rate schedule for the "Developer" projects. As we have stated, our mission is to provide the highest level of engineering service to all of our clients, including the United City of Yorkville. While the costs for our firm to provide the same level of service to you have risen in 2006, we also recognize that it is a privilege for us to be able to provide the volume of engineering services that.we do for your community. That being said, we are willing to retain our 2005 Standard Schedule of Charges on all "City" projects throughout 2006. In an attempt to develop a reasonable rate schedule for the "Developer" projects, we considered multiple options. In the end,.the most logical approach that we could think of was to try to determine the revenue that would be lost for the "City" projects, and then attempt to project the hourly rates that would need to be applied for the projected "Developer" projects to account for this loss in revenue. Since it is difficult to project the number of hours that we will provide on "City" projects this year, and even more difficult to project the number of hours that we will provide on "Developer" projects (i.e. plan review), our best option was to assume the billing history from 2005 would be similar in 2006. Based on that analysis, our calculations projected that each classification of employee's 2005 hourly rate would need to be increased by $10 per hour, which is $4 higher than the previously proposed $6 per classification increase. Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joe Wywrot, P.E. April 27, 2006 Page 2 As you may know, we provide municipal engineering services to a number of other communities in Northeastern Illinois, as well. We aim to provide a consistent level of service to all of our clients, and when possible, we attempt to provide consistency in our hourly rates. As I am sure you can imagine, there are a number of reasons for that, one being, it is easier on our accounting staff. After reflecting on past discussions on this topic with the Mayor, City Council, and City Staff, further reflection on the calculation that suggests the hourly rates need to be adjusted as much as $10 per classification to account for the loss of revenue on the "City" projects, consideration for the privilege it is to work for the City, and the desire to maintain consistency where possible, we have decided that we will not request the $10 per classification increase, but rather request that the hourly work conducted on the existing and new "Developer" projects in 2006 be applied at our originally proposed 2006 Standard Schedule of Charges. Therefore, if the City Council agrees with this approach, all "City" projects will retain the 2005 rate schedule and all "Developer" projects will utilize the attached 2006 Standard Schedule of Charges. Due to the fact that it is uncertain how our costs will change throughout this year and where they will be in 2007, we respectfully request that we be given an opportunity to approach the City Council to evaluate our hourly rates again next year. If you have any questions or comments, please do not hesitate to call. Respectfully Submitted, ENGINEERING ENTERPRISES, INC. Jeffrey W. Freeman, P.E. Vice President JWF/me Enclosures pc: Mayor Art Prochaska Mr. John Crois, Interim City Administrator Mr. Eric Dhuse, Director of Public Works Atty. John Wyeth, City Attorney JKM, PGW, WED, JTW, DMM, DMT, ESW— EEI G:'PubIiclYorkvi11e2OD61YOO6DD Genera10ocl1JwywmtO1 -changesinratesZdoc S2 Wheeler Read • Sugar Grove, IL 60554 TEL: 630 1466-9350 STANDARD SCHEDULE OF CHARGES FAX: 630/466-9360 www.eeiweb.com January 1, 2Q06 Engineering Enterprises, Inc. EMPLOYEE DESIGNATION CLASSIFICATION HOURLY RATE Principal Engineer E-3 $144.00 Senior Project Manager E-2 $132.00 Project Manager E-1 $120.00 Senior Project Engineer/Surveyor P-5 $108.00 Project Engineer/Surveyor P-4 $ 99.00 Senior Engineer/Surveyor P-3 $ 90.00 Engineer/Surveyor P-2 $ 81.00 Associate Engineer/Surveyor P-1 $ 72.00 Senior Project Technician T-5 $ 99.00 Project Technician T-4 $ 90.00 Senior Technician T-3 $ 81.00 Technician T-2 $ 72.00 Associate Technician T-1 $ 63.00 Secretary A-3 $ 72.00 CREW RATES,VEHICLES AND REPROGRAPHICS 1 Man Field Crew with Standard Survey Equipment $120.00 2 Man Field Crew with Standard Survey Equipment $183.00 1 Man Field Crew with RTS or GPS* $150.00 2 Man Field Crew with RTS or GPS * $213.00 Vehicle for Construction Observation $ 12.00 In-House Scanning and Reproduction 0.25/Sq. Ft. Black &White) 1.00/Sq. Ft. (Color) 'RTS=Robotic Total Station I GPS=Global Positioning System GaEEnDOCS\Forms\Genara1155C-Std Schedule of Charges\S T ADS01 os.DDC Consulting Engineers Specializing in Civil Engineering and Land Surveying MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS. HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON TUESDAY,MARCH 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 Milschewski called the roll. Ward I lames Present Leslie Absent Ward Burd Present Wolfer Present Ward III Bock Present Mums Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,Interim City Administrator Crois,Assistant City Administrator Olson,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Director of Park&Recreation Mogel,Community Relations Manager Spies and Community Development Director Miller. UORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and 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 asked that the Library Expansion Project Update be moved up on the agenda to after the public hearings. COMMITTEE MEETING DATES 'Public Works Committee 7:00 P.M.,Monday,April 3,2006 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,April 27,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,April 6,2006 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 7:00 P.M.,Thursday,April 13,2006 City of Yorkville Conference Room 800 Gmne Farm Road _ Ad Hoc Technology Committee 6:30 P.M.,Tuesday,April 11,2006 City of Yorkville Conference Room 800 Game Farm Road Administration Task Force 6:30 P.M.,Tuesday,April 18,2006 City of Yorkville Conference Room 800 Game Farm Road PUBLIC HEARINGS Kleinwatcher Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Herb and Pam Kleinwatcher and Old Second 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 the petitioner. The real property consists of approximately The Minutes of the Reeular Meetine of the City Council—March 28.2006—naee 2 9.81 acres located on Route 47 south of legion Road and north of Ament Road,Kendall Township,Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Munns-aye,Bock-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Christine V itosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing Mayor Prochaska entertained a motion to postpone the public hearing until the April 25,2006 City Council meeting. So moved by Alderman Spears;seconded by Alderman Bock. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Munns-aye,Bock-aye,Spears-aye Wolfer-aye,Besco-aye Kendall Creek Development LLC Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Kendall Creek Development LLC,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-I Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of the Petitioner. The real property consists of approximately 141.31 acres located south of Route 126,east of Route 47, north of Ament Road and west of Ashley Road,Kendall Township,Kendall County,Illinois. So moved by Alderman Wolfer,seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye Please see attached Report of Proceedings taken before Christine V itosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Spears;seconded by Alderman Burd. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye,Besco-aye PRESENTATIONS Library Expansion Project Update Tom Lindblom and Russ Walter were present and circulated photographs of the installation of the structural steel needed for the library expansion project. Mr.Lindblom reported that the steel arrived on site on March 13,2006 and will be installed in four phases;.northwest,northeast, southeast and southwest. It is hoped that the steel will be up by the end of the week of April 3, 2006. The next steps would be the installation of the second floor decking and the roof. He also reported that exposed wood beams arrived on March 27,2006 and they are being protected from the weather. He noted that here is a partial masonry wall already constructed and he explained that construction on the wall stopped due to the installation of the steel;the wall needed to be constructed first because it is a load bearing wall. He stated that everything is moving forward. CTTIZEN COMMENTS Mary Unterbrunner,418 Jackson Street,expressed her opposition to the parking ban. She stated that she attended the meetings prior to the vote on the parking ban ordinance and most of the citizens in attendance were opposed to it. She stated that she does not feel that the city has proven a need for a blanket ban. She stated that in the meetings,there were distinct areas where a minority of residents complained about trucks parking on the streets. She felt that addressing the parking of large trucks on city streets is a separate issue and that the whole city does not need to be"punished"for this. She stated that she did not feel the parking ban signs should be installed until the problem is resolved. She asked that the City Council consider the repeal of the ban. Joe Barry,502 Teri Lane,expressed his opposition to the parking ban. He stated that he felt the ban should not be applied to everyone because of a"few bad apples". He stated that the ban creates a problem for him when his children are home from college;they have six cars in the family. He stated it also affects his children's friends when they chose to spend the night at the last minute. He asked who should be called at 11:00 p.m.or midnight for parking permission. He stated he would rather have the police protecting property rather than having giving citations for those breaking the parking ban. The Minutes of the Regular Meetine of the City Council—March 28.2006—page 3 Anne Engelhardt,312 E.Blackberry Lane,read a letter to the City Council(see attached) opposing the parking ban. Dan Pickett,709 Teri Lane,addressed the City Council.He explained that he is a seventeen year resident of the City and never had a complaint until now;he is against the parking ban. He explained that he has a driveway that can accommodate nine cars however every time he has to rotate cars in the driveway because the City Council decided that he cannot park on the street,he will be thinking of them. He asked the City Council to rescind the ordinance. Larry King,900 E.Spring Street,asked the City Council what was the root cause of the problem. He felt that the cause was commercial vehicles parking on the streets. He stated that to have a "sweeping"ban is"torturing"the residents of Yorkville. He asked the City Council to address the real parking problem and he suggested that residents should have the opportunity to vote on the ban. Rich Johnson,Teri Lane,asked why a parking ban was needed between 1:00 and 6:00 a.m. He stated that the city does not have street sweepers going down the streets at that time and that there are more cars parked on the streets during the day. He stated that he has seen cars parked between the curb and the sidewalk in order to get off the street and that while he was not personally affected by the ban but felt it should examined because it is causing a hardship for a lot of people. Roger Murphy,803 Teri Lane,stated that during the parking ban discussion of the last several weeks,he noticed that many people have made comments and that most of the comments are in opposition of the ban. He stated that even though City Council members claim that people are calling them supporting the ban,he has not talked to anyone or seen anyone at the last few meetings who supports it Alderman Munns stated that residents from Fox Hill attended early meetings regarding the ban and expressed their supporL Mr.Murphy stated that maybe Fox Hill has a problem but the entire city doesn't. He suggested that the residents of Yorkville should be allowed to vote on the issue rather than just a few residents on the City Council. Mayor Prochaska and Alderman Spears stated that the Public Safety Committee was revisiting the ordinance at the April 13,2006 meeting and Alderman Spears invited the residents to attend. _ She stated that she received numerous calls from residents both positive and negative however she was not in attendance when the discussions were happening due to having surgery. She stated that the Public Safety Committee is trying to get statistics and information from other communities with similar ordinances to review. Alderman Burd suggested that the parking ban be brought back to the Committee of the Whole meeting instead of the Public Safety Committee. She stated that at the last Committee of the Whole meeting where the ban was discussed,she made suggestions and was told that these things were already discussed in detail at the Public Safety Committee.She stated that she did not feel that she became part of the discussion and that this is a big issue and that all the aldermen should be involved in the discussion. She stated that she felt for awhile the ban did not affect many people in her ward however she has received calls from residents on the north side of the river regarding it. Mayor Prochaska stated that he did not have a problem with this going back to a Committee of the Whole meeting and he reminded the aldermen that they can attend any of the committee meetings. It was the consensus of the City Council to bring this discussion back to the Committee of the Whole meeting. He further noted that the night the ordinance was approved he asked the Public Safety Committee to make a recommendation for those who would suffer a hardship due to the ban. He suggested that the Police Department not issue any tickets until the matter is resolved and he asked that anyone experiencing a hardship due to the ordinance should send Chief Martin a note regarding their circumstance. Alderman Manna asked if the police would not be enforcing the ordinance and if this could happen with any ordinance the City Council passes that people don't like. He asked if this needed to be voted on by the City Council. Attorney Wyeth stated that there are times when the City Council and staff can use good discretion to enforce the ordinance in certain circumstances. Official action is needed to change any ordinance. Chief Martin stated that the Police Department is issuing warnings and that no citations have been issued. The Police Department will continue this until they receive a clear understanding from the City Council. Alderman Bock noted that Chief Martin and his officers have the discretion to enforce any law. He gave the example of a person violating a speeding law;the officer can pull over the offender and just issue a warning instead of a ticket. The law is still in affect however it is the officer's discretion how to enforce it. The parking ban is in affect however it will not be enforced to the full extent of the law. The Minutes of the Regular Meeting of the City Council—March 26.2006—page 4 Loree King,900 E.King,asked what constituted a hardship. Mayor Prochaska asked her to tell Chief Martin why she feels she needs to park a car in the street. She also asked for clarification on what days visitors are allowed to park on the street. Chief Martin stated that at a previous meeting,he misspoke about the days visitors are allowed. He stated that the initial intent of the ordinance was to only allow visors on specific days however visitors are allowed any time during the week. Anne Engelhardt stated that there are two things she would like to know;the history of the ordinance and the basis of the actual ordinance. She stated that she hoped this information would be given to all the aldermen before this issue is rehashed. Dale Larson stated that he was present the night the ordinance was passed and that he found it funny to hear how this ordinance was`years in the making"yet that all these complaints have slipped through the cracks. He stated that it doesn't say much for the Council that all the issues have not been worked out Mayor Prochaska noted that this ordinance has been discussed for years however the City Council changes and it is not the same group of people looking at it each time. Mr.Larson asked if the Council members cared about the ramifications to those the ordinance affected. Alderman Burd noted that she has been on the City Council for eight years however she is not a member of the Public Safety Committee which is the committee who discussed the ordinance many times. She stated that when this came forward,there was an even amount of people for and against the ban. She stated that there were several aldermen who supported the ban because if affected residents in their area. She commented that there were not a lot of people in her ward who were upset about it. Because of this,she did not really get involved in the ordinance but now that more people are contacting her she is willing to throw her opinion in to the discussion. Mr.Larson noted that the Mayor stated the night the ordinance was passed that some residents were being put into the position to automatically breaking the law. He stated that he breaks the law because he has to park across the sidewalk in order to get off the street. Alderman Burd stated that the Mayor has been here a long time and he never said anything like that until that night. She stated that his comment was a"big surprise';Alderman Burd noted that Mayor Prochaska participated in the discussions regarding the ban and that this was the first time he "tossed that one out"at the City Council. Mr.Larson stated that the City Council did not care about residents adversely affected by the ordinance. Mary Unterbrunner asked what the process was to get an ordinance repealed. Mayor Prochaska stated that she should talk with the aldermen because they vote on the repeal of the ordinance. Mrs.Unterbrunner asked the City Council to consider repealing it. Alderman Wolfer stated that he took issue with Mr.Larson's implication that the City Council - does not care. He assured Mr.Larson that they do care;this issue will be examined again. He stated that sometimes an ordinance is passed and it needs a closer look because not everything is seen at First. Joe Barry noted that the United City of Yorkville is exploding at the seams. He stated that developers come in and note the amount of open space that is in their developments. He suggested that some of this open space should be placed between the curbs and sidewalks. He asked the City Council to plan better for the future. Joe Gillespie,1218 Willow Way,commented that after listening to the citizen's comments for the last 30 minutes,the City Council deserves every penny that is proposed in their raise later in the meeting and he asked that the City Council vote for the raise for future City Council members. He also asked the citizens to stay involve even after the parking ban goes away. CONSENT AGENDA Alderman Bosco asked that Item#16- Ordinance Amending City Code Title 1—Administration, Chapter 6—Municipal Officers and Employees Regarding Appointment of Officers and City Departments be pulled off the Consent Agenda and placed under the Administration Committee Report. 1. Monthly Treasurer's Report for January 2006(ADM 2006-21) 2. Resolution 2006-21—Appointing IMRF Authorized Agent-anthorize the Mayor and City Clerk to execute(ADM 2006-22) 3. 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(PS 2006-05) The Minutes of the Regular Meeting of the City Council—March 28.2006—page 5 4. Water Department Reports for January 2006(PW 2006-42) 5. Bruell Street Pump Station-Change Order#3-authorize reduction in ar amount not to exceed$38,879.00 and City Engineer to execute(PW 200643) 6. Contract A.2a.(Cannonball Booster Station)and Contract C.5(South PRV Station)- Change Order 43-authorize reduction in an amount not to exceed$13,800.00 Mayor to execute(PW 2006-44) 7. Grande Reserve(Route 34 Improvements)—Bond Reduction#1-authorize reduction in an amount not to exceed$426,287.33(PW 2006-48) 8. Southwest Interceptor(Contract 1)-Change Order#1-authorize reduction in an annount not to exceed$11,940.00 and Mayor to execute(PW 2006-49) 9. 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$33,479.96 (PW 2006-53) 10. Kylyn's Ridge Unit 2—Earthwork Letter of Credit Reduction#2-authorize reduction to Old Second Bank Letter of Credit No.15470 in an annomn not io exceed$7,020.50 (PW 2006-54) 11. Raymond Regional Storm Sewer—Suen Easement-authorize the Mayor and City Clerk to execute(PW 2006-55) 12.Resolution 2006-22-Countryside Parkway(East Kendall to Center Parkway)MFT Resolution-authorize City Clerk to execute(PW 2006-45) 13. IDOT Joint Agreement—Route 126 Relocation at Route 71-authorize the Mayor and City Clerk to execute(PW 2006-47) a. Resolution 2006-23—For Improvement by municipality-authorize the Mayor and City Clerk to execute b. Ordinance 2006.21—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 northeast quadrant of the relocated Illinois 71 and 126 intersection -authorize the Mayor and City Clerk to execute c. Ordinance 2006-22—For appropriation of funds for roadway lighting and utility casing at Illinois 127 and 71 intersection-authorize the Mayor and City Clerk to execute d. Ordinance 2006-23—Regulating parking in the vicinity of Illinois 71 and 126 intersection-authorize the Mayor and City Clerk to execute e. Ordinance 2006-24—Regulating encroachment at public right of way- authorize the Mayor and City Clerk to execute 14. Resolution 2006-24—Establishing Water Meter Fees -authorize the Mayor and City Clerk to execute(PW 2006-50) 15. Resolution 2006-25—Approving agreement with Sente-Rubel-Bosman-Lee Architects, Ltd.for conceptual design services for Park Maintenance and Administration Facility- authorize the Mayor and City Clerk to execute(PW 200640) Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,James-aye,Munns-aye,Spears-aye,Wolfer-aye,Bock-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of February 28,2006 and the Committee of the Whole meeting of February 7,2006;seconded by Alderman Basco. City Clerk Mitschewski noted that the times noted on page 11 of the minutes are incorrect and have been corrected in the final copy. 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 March 17,2006 totaling the following amounts:checks in the amount of $1,284,035.11(vendors);$171,920.37(payroll period ending 3/4/06);for a total of $1,455,955.48;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Burd-aye,James-aye,Munns-aye,Bock-aye,Spears-aye,Wolfer-aye The Minutes of the Reeular Meeting of the City Council—March 28,2006—pa e 6 REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held on April 1,2006 at State Street Mortgage,691 N.Bridge Street from 9:00 to 11:00 a.m. Ordinance 2006-25 Establishing Special Service Area Number 2005-108 Autumn Creek (ADM 2005-20a) Mayor Prochaska entertained a motion to approve an ordinance establishing Special Service Area Number 2005-108(Autumn Creek),as presented,subject to legal review. So moved by Alderman Wolfer,seconded by Alderman James. Mayor Prochaska stated that this was discussed at the Committee of the Whole meeting and everything is in order. The developer has had discussions with the School District. Alderman Burd asked if this SSA was included in the Annexation Agreement and Mayor _ Prochaska stated it was and that there is one more similar SSA to come before the City Council. Motion approved by atoll call vote. Ayes-6 Nays-1 Burd-aye,Spears-nay,Munns-aye,Besco-aye,Wolfer-aye,James-aye,Bock-aye Ordinance 2006-26 Providing for Issuance of Special Service Area 2005-108 Special Tax Bonds,Series 2006 Autumn Creek (ADM 2005-20b) Mayor Prochaska entertained a motion to approve an ordinance providing for issuance of Special Service Area 2005-108 Special Tax Bonds,Series 2006(Autumn Creek),as presented,subject to staff and legal review.So moved by Alderman Wolfer;seconded by Alderman Bard. Alderman Burd commented that she appreciated that the developer had everything in place with the School District. Motion approved by a roll call vote. Ayes-6 Nays-1 Spears-nay,Munns-aye,Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-aye Ordinance 2006-27 Setting 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 Mayor Prochaska entertained a motion to approve an 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,as presented subject to legal review. So moved by Alderman Munns;seconded by Alderman Wolfer. Mayor Prochaska reminded the City Council that the hearing date is May 23,2006. Motion approved by a roll call vote. Ayes-6 Nays-0 Abstain-1 Munns-aye,Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-abstain,Spears-aye Resolution 2006-26 Approving an Agreement with Schoppe Design Associates,Inc. For Professional Services for Grande Reserve Park D (PKBD 2006-02) Mayor Prochaska entertained a motion to approve a resolution approving an agreement with Schoppe Design Associates,Inc.for professional services for Grande Reserve Park D,as presented subject to legal review. So moved by Alderman James;seconded by Alderman Wolfer. Alderman Munns asked Community Development Director Miller if this was a project that came in before he was hired. Director Miller stated that the deadline for this project is July 1,2006 and it is not feasible for him to get this done in time. He stated that this has been discussed with the Park Board and it is more reasonable to have Schoppe Design do the design. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Munns-aye The Minutes of the Regular Meeting of the City Council—March 28.2006—oage 7 Health Insurance/Benefit Renewal (ADM 2006-21) Mayor Prochaska entertained a motion to renew the annual contract for insurance coverage for city employees with Blue Cress/Blue Shield(Medical),MetLife(Dental and Life)without change - to the current employee premium requirements. So moved by Alderman Bock;seconded by Alderman James. Alderman Munns stated that it had been discussed in the goal meeting to have the employees share in the insurance premium. He noted that city employees only pay$1.00/month for their benefits. He stated that he has recommended that the employees should share in this cost especially since the city pays$750,000.00/year on health care. He stated that the city is getting too big to continue to pay this out;it cannot afford to fund free insurance. He stated he could not support this;no one gets free insurance. Mayor Prochaska stated that this is a matter of timing however there will be further discussion on the employees sharing the cost.Mayor Prochaska noted that the employees need to know what is happening at this time. He also noted that the city's premiums have decreased$36,000.00 because no one is abusing their insurance. Alderman Spears stated that information was received from the City Attorney and Labor Attorney that the information received from Caywood and Associates is incorrect the city can readdress this issue at anytime. Motion approved by a roll call vote. Ayes-5 Nays-1 Abstain-1 Spears-aye,Munns-nay,Besco-abstain,Wolfer-aye,James-aye,Bock-aye,Burd-aye CITY COUNCIL REPORT Resolution 2006-27 Adopting Sponsorship Policy Mayor Prochaska entertained a motion to approve an amendment to the Sponsorship Policy as presented and to approve the three pending sponsorships before the City Council.So moved by Alderman Wolfer;seconded by Alderman Bock Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,lames-aye,Bock-aye,Burd-aye,Spears-aye,Mutnrs-aye,Besco-aye ATTORNEY'S REPORT No report. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Crois reminded everyone that the Public Hearing for the 2006/2007 Budget is scheduled for April 11,2006 and that a copy of the proposed budget will be available for viewing on March 31,2006. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Director Dhuse reported that the State Street watermain project is underway. The watermain is being replaced from the corner of Fox Road and State Street all the way to the industrial park. This will upgrade water pressure and water quality. CHIEF OF POLICE REPORT No report. DIRECTOR OF PARKS&RECREATION REPORT Special Needs Programs Director Mogle reported that he is in the process of doing research in determining the number of residents who would benefit from special recreational services;those designed for disabled individuals. He stated he would be bringing his findings to the Park Board and the City Council. The Minutes of the Reeular Meetine of the City Council—March 28.2006—nave 8 COMMUNITY DEVELOPMENT DIRECTOR REPORT Designer Interviews Director Miller reported that interviews for a Parks Designer will begin this Friday,March 31, 2006. He hopes that the position will be filled by the end of April 2006. The deadline for applications for the Urban Designer is the end of April and he hoped this would be filled in May 2006. Sign Ordinance Director Miller reported that he is currently working on redrafting the City's Sign Ordinance. He is preparing a survey for the City Council to fill out to help him craft the new ordinance. COMMUNITY&LIAISON REPORT Senior Service Providers Alderman Spears reported that she attended the Senior Service Providers. Items discussed were: o The lack of senior and affordable housing in the Yorkville area. o The Kendall County Elder Friendly Community Summit—to be held on April 4,2006 from 10:00 a.m.to 12:00 p.m.at the Trinity United Methodist Church. o Senior victims of hurricane Katrina and disaster plans o Kendall County Women's Health Fair—held at Cross Lutheran Church on April 1,2006 from 9:30 a.m.to 1:30 p.m. This is jointly sponsored by the Kendall County Health Department and several area hospitals. o Care Giver Support Group—they will meet on the second and fourth Wednesdays on the month from 11:30 a.m.to 1:00 p.m.at the Kendall County Health Department. Voluntary Action Center Alderman Spears reported she attended a field trip organized by Jeff Wilkins,the Kendall County Administrator to the Voluntary Action Center(VAC)in DeKalb,Illinois. Representatives from other communities also attended. VAC is a non-for-profit group incorporated in 1974 that provides nutritious home delivered meals to people in DeKalb and LaSalle Counties. VAC'S transportation service was discussed at the meeting(transportation budget,fares for transportation,vehicles in fleet,hours of operation,number of trips made,grants,etc.). Northeastern Illinois Agency on Aging Alderman Spears reported that she attended the Northeastern Illinois Agency on Aging Advisory Council meeting where.Medicare Part D plan,housing,transportation,social service agency bills and Presidents Bush's 2007 federal budget were discussed. Alderman Besco thanked Alderman Spears for the time she dedicates to seniors. Aurora Area Convention and Visitor Bureau Alderman Bard reported that she attended the Aurora Area Convention and Visitor Bureau meeting where the Mayor of Aurora's budget out of $20,000.00 was discussed. The Mayor of Aurora has indicated that budget cuts to the group may be an ongoing thing so the AACVB is trying to convince the mayor that this is a great program to fund. Alderman Bard noted that the group recently won a state award for their campaign even after being in competition with the City of Chicago. _ Prairie Parkway Construction Planning Mayor Prochaska reported that he attended a meeting for the Prairie Parkway Construction Planning and there is a meeting for elected officials to discuss the progress of the Prairie Parkway scheduled for Monday,April 3,2006 at Plano High School. The following day,April 4,2006 there will be an open meeting at Yorkville High School at 5:30 p.m.to update the public. Mayor Prochaska noted that environmental and design issues have been the topics of discussion. Route 47 Improvements Mayor Prochaska reported that he,Director Miller and Administrator Cross met with Kendall County representatives and Mike Schoppe to look at proposals for the removal of the wall and the hill alongside the old courthouse in anticipation of the Route 47 widening. He hoped that he would have something to show the City Council in the next three to four weeks. Director Miller indicated that there was also a meeting scheduled with IDOT to discuss the hill. Glen Palmer Dam Alderman Burd reported that she received a letter from the Army Corps of Engineers saying that they have issued the permit for the improvements to the Glen Palmer Dam. The Minutes of the Reeular Meetine of the City Council—March 28,2006—page 9 COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT Heartland Circle—Acceptance of Storm Sewer and Sanitary (PW 2006-52) A motion was made by Alderman Besco to approve the acceptance of storm sewer and sanitary sewer improvements for Heartland Circle Subdivision and to reduce the letter of credit accordingly as presented in the memo of the City Engineer dated March 1,2006;seconded by Alderman Mums. Motion approved by a roll call vote. Ayes-7 Nays-0 Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Munns-aye,Besco-aye ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Amending Ordinance 2005-95 Amending City Code Title 6— Traffic,Regarding Overnight Parking and Restrictions on Parking of Commercial Vehicles (PS 2006-07) No motion was made;ordinance to be discussed at the April 4,2006 Committee of the Whole meeting. Ordinance 2006-28 Amending City Code,Title 3 Business;Chapter 3 Liquor Control Regarding New Classification(Gift Basket Sales) (PS 2005-09) A motion was made by Alderman Spears to approve an Ordinance amending City Code,Title 3 Business;Chapter 3 Liquor Control Regarding New Classification for Gift Basket Sales,as presented,subject to legal review;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-7 Nays-0 Bock-aye,Burd-aye,Spears-aye,Munns-aye,Besco-aye,Wolfer-aye,James-aye ADMINISTRATION COMMITTEE REPORT Ordinance 2006-29 Amending City Code Title 1—Administration,Chapter 6— Municipal Officers and Employees Regarding Section 1-6-5,Salaries (ADM 2005-14) A motion was made by Alderman James to approve an Ordinance amending City Code Title I— Administration,Chapter 6—Municipal Officers and Employees Regarding Section 1-6-5, Salaries,as presented subject to legal review;seconded by Alderman Spears. Alderman Wolfer clarified that this was for the raise for the elected officials;Mayor Prochaska stated it was. Motion approved by a roll call vote. Ayes-5 Nays-2 Burd-aye,Spears-aye,Munns-aye,Besco-aye,Wolfer-nay,James-nay,Bock-aye Salary Increases for the Next Fiscal Year(Cola/Merit) (ADM 2006-24) A motion was made by Alderman James to approve the salary increases for the next Fiscal Year (2%COLA and.5%Merit)subject to the approval of the 2006/2007 Budget;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-6 Nays-1 Munns-aye,Besco-nay,Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye Ordinance 2006-30 Amending City Code Title 1—Administration,Chapter 6— Municipal Officers and Employees Regarding Appointment of Officers and City Departments ADM 2006-25) A motion was made by Alderman James to approve an ordinance amending City Code Title I— Administmtion,Chapter 6— Municipal Officers and Employees regarding the appointment of Officers and City Departments and authorizing the Mayor and City Clerk to execute;seconded by Alderman Besco. The Minutes of the Regular Meeting of the City Council—March 28 2006—pa a 10 Alderman Besco asked if the Assistant City Administrator was included in the ordinance and Mayor Prochaska clarified that the position is not appointed but rather a hired position. Motion approved by a roll call vote. Ayes-7 Nays-0 Besco-aye,Wolfer-aye,James-aye,Bock-aye,Burd-aye,Spears-aye,Munns-aye ADDITIONAL BUSINESS Senior Citizen Tax Exemption Information Alderman Bard requested that the City make available a copy of how senior citizens can qualify _ for real estate tax exemptions. Mayor Prochaska stated that the information could be made available at the City Hall front desk. Park Policy for Spacial Recreation Services Alderman Burd asked that the City Council revisit the Park policy for the non-resident portion of the special recreational services. She asked that it be placed on the Committee of the Whole (COW)agenda to further discuss funding. Alderman Wolfer noted that Director Mogle is doing research on this and he asked that the City Council have that information before this is discussed further. Alderman Burd stated that his research is for next year and she wants to review the policy because something is needed to handle the problem this year as well as long range planning. Alderman Wolfer further noted that the Park Board is addressing this year's problem so he asked that they be invited to attend so they can advise the City Council as to what they are working on. Alderman Besco asked if the information regarding special needs could be obtained from the School District. Director Mogle stated he was in contact with the School District There was some discussion regarding the line item for this in the budget and individuals needing the service. Alderman Wolfer stated that the Park Board discussed going to churches and other organizations for donations so that all the children needing special services can be covered. Alderman Burd disagreed with this and stated that the Park Board said they were not willing to change or addressed the problem. Alderman Spears asked if Director Mogle was checking with social services in Kendall County for his research and he stated he was. Alderman Burd asked if Director Mogle would have his information by the COW meeting. Director Mogle stated that there are two issues;one is about an individual who was sponsored by the Park Board and the other concerns the need in the community for the city to become a member. He stated that he hoped to have information on the first issue by next Tuesday and he would try to have the remaining information for the COW meeting. Fox Hill Traffic Light Alderman Munns questioned how getting the traffic light at Route 34 and Sycamore Street was progressing. Director Dhuse stated that he spoke with City Engineer Wywrot and a warrant study will be done. He stated he would ask Mr.Wywrot how long it would take for the study and he explained that someone will have to sit at the intersection and do a visual count ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a viva voce vote. Meeting adjourned at 9:03 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH, C . S . R. , on March 28 , 2006, at the hour of 7 : 00 p .m. , at 800 Game Farm Road in the City of Yorkville, Illinois . �EIyO • �®UFZ�' reporting service 800 West Fifth Avenue - Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630.983-6013 www.depocourt,com 2 1 P R E S E N T : 2 MR . ARTHUR F . PROCHASKA, Mayor; 3 MR . PAUL JAMES , Alderman; 4 MR . JASON LESLIE, Alderman; 5 MS . VALERIE BURD, Alderman; 6 MR . DEAN WOLFER, Alderman; 7 MR . MARTY MUNNS , Alderman; 8 MR . JAMES BOCK, Alderman; 9 MR . JOSEPH BESCO, Alderman; 10 MS . ROSE ANN SPEARS , Alderwoman; 11 MR . JOHN CROIS, City Administrator; 12 MS . JACQUELYN MILSCHEWSKI , City Clerk . 13 14 A P P E A R A N C E S : 15 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue , Suite 380 16 Naperville , Illinois 60563 BY : MR. JOHN JUSTIN WYETH, 17 appeared on behalf of the United City of Yorkville , Illinois . 18 19 - - - - - 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA: I would entertain 3 a motion to go into public hearing for the 4 purpose of discussing the petition and request 5 for annexation of Herb and Pam Kleinwachter and 6 Old Second National Bank, Trust 8051 , request to 7 annex to United City of Yorkville and rezone from 8 Kendall County A-1 Agricultural to United City of 9 Yorkville B-3 Service Business District and R-2 10 One-Family Residence District, and for hearing as 11 to the annexation agreement of petitioner . 12 The real property consists of 13 approximately 9 . 81 acres located on Route 47 14 south of Legion Road and north of Ament Road, 15 Kendall Township, Kendall County, Illinois . 16 MR . BESCO : So moved . 17 MR . JAMES : Second . 18 MAYOR PROCHASKA: Moved and 19 seconded. May I have roll call , please? 20 MS. MILSCHEWSKI : Besco . 21 MR . BESCO: Aye . 22 MS . MILSCHEWSKI : Burd . 23 MS . BURD: Aye . 24 MS . MILSCHEWSKI : James . Depo Court Reporting Service (630 ) 983-0030 4 1 MR . JAMES : Aye . 2 MS . MILSCHEWSKI : Munns . 3 MR . MUNNS : Aye . 4 MS . MILSCHEWSKI : Bock . 5 MR . BOCK : Aye . 6 MS . MILSCHEWSKI : Spears . 7 MS . SPEARS : Aye . 8 MS . MILSCHEWSKI : Wolfer . 9 MR. WOLFER: Aye. 10 MAYOR PROCHASKA : Okay . We are in 11 public hearing . The first thing that I need to 12 say is the posting of this public hearing in the 13 paper had the incorrect date , it had tomorrow as 14 the public hearing date , so I believe what we do, 15 we probably still need to postpone this to 16 another -- 17 WHEREUPON : 18 DANIEL J. KRAMER, 19 testified before the Yorkville City Council as 20 follows : 21 MR . KRAMER : I would suggest we -- 22 and I talked with Attorney Wyeth this 23 afternoon -- that we open the hearing, 24 then adjourn it to a date certain, but if there Depo Court Reporting Service ( 630 ) 983-0030 5 1 are any 'people here tonight -- 2 MAYOR PROCHASKA: Right , that ' s why 3 we opened it . 4 If there is anyone here -- I 5 guess I should ask that question before we go 6 through the whole thing . 7 Is there anyone here that is 8 here to give testimony for this particular public 9 hearing? _ 10 (No Response) 11 MAYOR PROCHASKA : Then what I would 12 like to do is entertain a motion to postpone this 13 public hearing to the date of April 25th . 14 Is that enough time to get the 15 notice out again? 16 MR . WYETH : Yes , sir, it is . 17 MAYOR PROCHASKA: Okay . To the date 18 of April 25th, 2006, here at the City Council 19 chambers . 20 MR. KRAMER : And, again, we served 21 the correct dates on the individual owners, it 22 was just somewhere between the transcription and 23 the date -- 24 MAYOR PROCHASKA: And the posting . Depo Court Reporting Service ( 630 ) 983-0030 6 1 MR. KRAMER: Right, and the posting 2 was fine , too, so all that will go is the 3 certificate of publication . The services are all 4 good and they will continue to the 25th . 5 MAYOR PROCHASKA: Okay. So with 6 that, I would entertain a motion to postpone this 7 public hearing to April 25th here in the City 8 Council . 9 MS . SPEARS : So moved . 10 MR. BOCK: Second. 11 MAYOR PROCHASKA: Moved and 12 seconded . May I have roll call, please? 13 MS . MILSCHEWSKI : Burd. 14 MS . BURD: Aye . 15 MS . MILSCHEWSKI : James . 16 MR. JAMES : Aye . 17 MS . MILSCHEWSKI : Munns . 18 MR. MUNNS : Aye . 19 MS . MILSCHEWSKI : Bock. 20 MR . BOCK: Aye . 21 MS . MILSCHEWSKI : Spears . 22 MS . SPEARS : Aye . 23 MS . MILSCHEWSKI : Wolfer . 24 MR . WOLFER: Aye . Depo Court Reporting Service ( 630 ) 983-0030 7 1 MS . MILSCHEWSKI : Besco . 2 MR . BESCO: Aye . 3 MAYOR PROCHASKA: Motion is carried . 4 MR . KRAMER: Thank you, Mayor . 5 MAYOR PROCHASKA: Next we have a 6 public hearing . I would entertain a motion to go 7 into public hearing to discuss a petition from 8 Kendall Creek Development, LLC, Petitioners , 9 request to annex to the United City of Yorkville 10 and rezone from Kendall County A-1 Agricultural 11 to United City of Yorkville R-2 One-Family 12 Residence District , and for hearing as to the 13 annexation agreement of petitioner . 14 The real property consists of 15 approximately 141 . 31 acres south of Route 126, 16 east of Route 47 , north of Ament Road, and west 17 of Ashley Road, Kendall Township, Kendall County, 18 Illinois . 19 MR . WOLFER : So moved . 20 MR. JAMES : Second. 21 MAYOR PROCHASKA: So moved and 22 seconded. Roll call , please . 23 MS . MILSCHEWSKI : Wolfer . 24 MR . WOLFER: Aye . Depo Court Reporting Service ( 630) 983-0030 8 1 MS . MILSCHEWSKI : James . 2 MR . JAMES : Aye . 3 MS . MILSCHEWSKI : Munns . 4 MR . MUNNS : Aye . 5 MS . MILSCHEWSKI : Burd . 6 MS . BURD: Aye . 7 MS . MILSCHEWSKI : Spears . 8 MS . SPEARS : Aye . 9 MS . MILSCHEWSKI : Bock . 10 MR . BOCK : Aye . 11 MS . MILSCHEWSKI : Besco . 12 MR . BESCO : Aye . 13 MAYOR PROCHASKA: Motion is carried . 14 We are now in public hearing . Is there someone 15 here representing the petitioner? 16 WHEREUPON : 17 JAMES OLGUIN, 18 testified before the Yorkville City Council as 19 follows : 20 MR. OLGUIN : Thank you, Mayor . My 21 name is Jim Olguin . I am with the law firm of 22 Goldstine , Skrodzki, Russian, Nemec & Hoff . Our 23 offices are located at 835 McClintock Drive in 24 Burr Ridge , and as previously stated tonight , I Depo Court Reporting Service ( 630 ) 983-0030 9 1 am here on behalf of Kendall Creek Development . 2 Also here with me this evening 3 from Kendall Creek Development are Dan Harper and 4 Dave Knott , the project managers for the Hudson 5 Lake Subdivision, which is the subject of our 6 various petitions . 7 The ' petitioner submitted an 8 application for annexation and rezoning of 9 approximately 141 acres of property from the 10 present County A-1 District to the City ' s R-2 11 One-Family Residence District . 12 The property, as shown by this 13 regional map, is located south of Raintree 14 Village, west of the Prestwick of Yorkville . 15 Their requested annexation and 16 rezoning is consistent with the city ' s projected 17 use for this particular property. 18 Once again, the proposed use 19 for the property is consistent with what the city 20 envisions for this particular parcel , and I ' ll 21 walk back here again . 22 For a more detailed layout of 23 what has been submitted for preliminary plan 24 approval, we have this plan . Depo Court Reporting Service ( 630 ) 983-0030 10 1 It also shows that it ' s all 2 going to be single-family detached homes . 3 There ' s going to be no townhome component . 4 There is approximately a 5 ten-acre site, which is immediately south of the 6 school site that was established in Raintree 7 Village that we are going to be providing for the 8 school district for possible expansion of their 9 facilities, such as ball fields , tennis court , 10 possible additional parking. 11 Based on comments and 12 discussions we ' ve had with Staff and the 13 consulting engineer, we have realigned some of 14 the roadways based on trying to provide access to 15 that additional school site area, and maintain 16 the Penman Road extension as a nice thoroughfare 17 with limited access to make sure that we are 18 trying to maintain the traffic movement . 19 We have submitted -- and part 20 of what tonight ' s meeting is about is review of 21 the annexation agreement . 22 We have submitted a copy of a 23 proposed annexation agreement to the city and to 24 the city attorney for review and comment . Depo Court Reporting Service ( 630 ) 983-0030 11 1 With that, we ' d be happy to 2 answer any questions you might have on either the 3 annexation agreement, the proposed plan, or 4 anything else having to do with the subdivision . 5 MAYOR PROCHASKA: Anything else -- 6 MR . OLGUIN : Oh, I ' m sorry, Mayor . 7 Just one more comment on the particular -- on the 8 annexation agreement . 9 During plan council it was 10 suggested if there is any additional -- if there 11 is any deviations from the engineering 12 requirements that the City might have that that 13 might be included in the annexation agreement by 14 attaching any engineering plans to the annexation 15 agreement, so that would be the only addition 16 that we would request, but I think that that 17 would be based on your coming agreement with the 18 city regarding what would be appropriate and 19 acceptable engineering for the site . 20 MAYOR PROCHASKA: At this time I 21 would ask if there is anybody in the audience 22 that would like to give comment, ask questions , 23 anything dealing with this project . 24 (No Response ) Depo Court Reporting Service ( 630 ) 983-0030 12 1 MAYOR PROCHASKA: Hearing none, I - 2 would ask if there is any -- 3 MR. KING : How many homes are in 4 this project? How many homes are in this 5 project? 6 MAYOR PROCHASKA: Can you please 7 stand up and state your name? 8 WHEREUPON : 9 LOREE KING, 10 testified before the Yorkville City Council as 11 follows : 12 MR. KING : My name is Loree King, 13 900 East Spring Street . How many homes are in 14 this project . 15 MR. OLGUIN : There is a total of 231 16 units , for -- the total dwelling unit per acre is 17 1 . 6, so it ' s not a very intensely used site . 18 It ' s a pretty low density . 19 MR. KING: You said it was R-2 ? 20 MR . OLGUIN : R-1 . I ' m sorry, R-2 . 21 MAYOR PROCHASKA : R-2 . 22 MR. KING : How much park district is 23 there? 24 MR. OLGUIN : The park site that -- Depo Court Reporting Service ( 630) 983-0030 13 1 We met with the park board and the park board has 2 not requested that any additional park site be 3 provided, except there is a small corner piece, 4 and I will point it out for the benefit of 5 Council here -- 6 MR . KING : That ' s fine . What ' s the 7 acres? 8 MR. OLGUIN : The park acreage is 9 just under an acre . And the reason -- and the 10 reason that there was not a park site that was 11 specifically designated on this parcel was 12 because there is a park site right touching this 13 project on the east, on the Prestwick of 14 Yorkville subdivision . 15 There is also a park site just 16 north adjacent to the school site in the Raintree 17 Village, and I believe there is also another park 18 site immediately to the west in the Windett Ridge 19 subdivision . 20 This is in conjunction with the 21 ten acres that ' s being given to the school for 22 park-type uses , such as ball fields and tennis 23 courts and things like that , that the park board 24 felt that no additional park site was needed . Depo Court Reporting Service ( 630 ) 983-0030 14 1 MAYOR PROCHASKA: Okay . Have you 2 had that discussion with the school district as 3 far as I think you have added the additional 4 acreage? 5 MR. OLGUIN : Yes . And actually this 6 is based on comments that we have received from 7 the school, one about the size, two about the 8 location of the street . 9 Some of the previous versions 10 of this plan showed this Boulder Ridge Drive 11 south of a line of homes bordering the parcel . 12 The school district doesn ' t 13 have a concrete plan yet regarding what ' s going 14 to be here and what -- you know, if they would 15 want an additional access point off of that 16 roadway, so what we did at their request was to 17 move Boulder Ridge so it does touch a good 18 portion of their parcel, so if need be , they 19 could adjust any access points . 20 Also it would allow for, you 21 know, kids who are walking to access the school 22 site without necessarily cutting through people ' s 23 yards . 24 So those were based on comments Depo Court Reporting Service ( 630 ) 983-0030 15 1 that we did receive . 2 MAYOR PROCHASKA: Sir, do you have 3 any other questions? 4 MR. KING : One other question . As 5 most people in this room know, we just had a 6 referendum pass . We can ' t afford to fund our 7 schools . 8 Are you going to do brick and 9 mortar there or just land? 10 MR. OLGUIN : Actually it is going to 11 be a combination of land and cash that is given 12 to the school district in accordance with the 13 requirements . 14 MR. KING : What is the intended 15 impact value per lot? 16 MR. OLGUIN : As far as -- I don ' t 17 know what the -- The school does have a 18 calculation of per unit , but it ' s going to depend 19 on how big the different homes are, and unlike a 20 lot of developments that you see in the community 21 here, our developer doesn ' t do all the 22 construction, doesn ' t build all the homes , so 23 you ' re going to get a different look among the 24 various -- you are going to have different Depo Court Reporting Service ( 630 ) 983-0030 16 1 products and different homes that are going to be 2 built here, so it ' s difficult for the developer 3 to specifically identify how many three-bedroom 4 homes , how many four-bedroom homes are going to 5 be within the site, and that would have an impact 6 on the number of kids it generates, so that makes 7 it difficult , too . 8 MR. KING : That ' s a key value as far 9 as the values for our schools . 10 MR . OLGUIN : Sure . And I think 11 that ' s one of the reasons the school district 12 requested the additional land to provide 13 additional room, to be able to service any 14 additional kids not only for this site, but all 15 the ones that will be feeding into that school . 16 MR. KING : Last question . How many 17 accesses do you have to main thoroughfares? 18 MR. OLGUIN : There is actually -- 19 Did you want to take a look at this plan? There 20 are access points to the south, two to the south, 21 two to the east -- I ' m sorry, one to the east , 22 one to the north to the existing connecting 23 point , and to the west as well . 24 MR . KING : Thank you . Depo Court Reporting Service ( 630 ) 983-0030 17 1 MAYOR PROCHASKA: Anyone else? 2 Paul . 3 MR . JAMES : I ' ve got a couple 4 questions . As for the parks , the surrounding 5 parks that are in there, so you are still 6 contributing to the parks , the way you are going 7 to do it is land cash. 8 MR . OLGUIN : Correct . 9 MR. JAMES : So instead of putting a 10 park site there, they ' re going to be giving money 11 to the park department , and then they are going 12 to use that money in the facilities , so that 13 brings up a question about the school . 14 You said it ' s an additional ten 15 acres next to an existing school site . 16 MR. OLGUIN : Right . 17 MR. JAMES : So what size is -- How 18 much land is at that school site? And are they 19 looking just to add ten acres of land and not put 20 a school there? 21 MAYOR PROCHASKA: I believe the 22 referendum, that 's where I believe the middle 23 school site is to be built . 24 MR . JAMES : Correct . But that Depo Court Reporting Service ( 630 ) 983-0030 18 1 additional ten acres , the school will be on that 2 additional ten acres , or is that just for extra 3 open space? 4 MR . OLGUIN: Based on the plans that 5 I have seen -- But, once again, I ' m not sure if 6 the school has a firm plan that they have 7 completely accepted. 8 I have talked to the people 9 that are doing their planning for them and they 10 showed me a plan of a building that is located 11 entirely within the property in the Raintree 12 Village subdivision . 13 MR. JAMES : That ' s what I thought . 14 MR. OLGUIN : The additional land 15 it ' s my understanding is for additional ball 16 fields , possible tennis courts , some possible 17 additional parking if they believe it ' s 18 necessary, but it ' s mainly I think additional 19 amenities for the -- for that school . 20 There is already I believe a 21 track and stadium facility that is also meant to 22 be constructed entirely on the Raintree Village 23 site . 24 MR . JAMES : So you have the option Depo Court Reporting Service ( 630 ) 983-0030 19 1 of giving the ten acres as land or giving cash to 2 the school, correct? 3 MR. OLGUIN : Well, actually our 4 original plan showed an entire cash donation to 5 the school district . 6 MR. JAMES : So your original plan 7 had a cash donation to the school district -- 8 MR. OLGUIN : Correct . 9 MR. JAMES : -- and they opted for 10 land? 11 MR. OLGUIN : Right . They said that 12 they wanted land . I think that there is a total 13 of approximately 15 acres that we are responsible 14 for providing the school district . They opted 15 for ten acres , plus the other five in cash . 16 And also we are -- In order so 17 that all this property is going to be usable , 18 they requested that we accommodate all the 19 detention for those additional ten acres within 20 our subdivision, and we have agreed to do that . 21 MR. JAMES : What was that amount 22 of -- Do you remember the cash amount? 23 MR. OLGUIN : That I don ' t recall . 24 MR . JAMES : Because I ' m just curious Depo Court Reporting Service ( 630 ) 983-0030 20 1 that they are opting for the land versus the 2 money and they ' ve already got enough land to put 3 a school on, all this is going to be is open 4 space next to a school . 5 It just seems like when they 6 are a little bit strapped for cash, they should 7 be looking for the cash and not for the land . 8 MAYOR PROCHASKA: Okay . Again, 9 that ' s why we asked the school district to look 10 at that and give us their comments . Yes , Rose . 11 MS . SPEARS : I have a couple of 12 comments . I would suggest that we revise the 13 portion -- the top portion on Page 4 where it 14 says city development fees , and they are making a 15 specific amount . 16 I would like it to say city 17 development fees as required by city ordinance 18 because the fees continuously change . 19 MAYOR PROCHASKA: Well , that ' s -- I 20 think we are getting into the thing about not 21 being Home Rule and setting fees . Can we -- I 22 don ' t know if we can open that . 23 MS . SPEARS : So if our fees do 24 change and he has not -- this development has not Depo Court Reporting Service ( 630 ) 983-0030 21 1 built out, then they are locked into these fees 2 here? 3 MAYOR PROCHASKA: No . Actually, if 4 you look, there is a provision in here -- In 5 fact , I was just looking at it . It says that 6 they asked that they be locked for five years , 7 but after that they can change according to 8 whatever the fees -- 9 MR. JAMES : So if they don ' t develop 10 in five years and then fees go up after five 11 years , then they would be subject to that? 12 MAYOR PROCHASKA: And I am not 13 opposed to looking at shortening that time 14 because, again, that ' s one of the issues that 15 happens , that if things sit out there too long -- 16 MS . SPEARS: But we could do that if 17 we so choose, correct, rather than saying the 18 five years? 19 MAYOR PROCHASKA: That ' s a good 20 question . I guess we need to have our attorney 21 handle that because he had always told me that ' s 22 what the fees were , that we were locked -- 23 MR . WYETH : As part of the 24 agreement , it can be a variety of things . Now Depo Court Reporting Service ( 630 ) 983-0030 22 1 that we understand what they are asking for, 2 could it be open-ended at any point in time . 3 MS . SPEARS : Exactly . 4 MR. WYETH : I 'm sure Mr . Olguin has 5 a different opinion on that . 6 MR. OLGUIN : Our concern is that -- 7 Obviously we don ' t have any objection and the 8 information that we had on that Page 4 what the 9 fees are are based on our understanding of what 10 the city ' s fees currently are . 11 MAYOR PROCHASKA: Sure . 12 MR. OLGUIN : If at the time that we 13 are -- that this annexation agreement is coming 14 up those fees were different obviously, it would 15 make sense to have those correct fees within 16 here . 17 From the development point , 18 there is some importance to having at least the 19 fees locked in for a period of time because once 20 they start developing, they are basing their 21 pricing of their lots , the contracts that they 22 are entering into, once again they ' re not going 23 to do -- it ' s not going to be -- they are not 24 going to develop out the entire development based Depo Court Reporting Service ( 630) 983-0030 23 1 on a handful of models , they are selling it to 2 various builders , and the pricing is very 3 important for them to know because they have to 4 pay up front . If that increases , that affects 5 the value of the lots . 6 And also our purchasers of the. 7 lot want to know and lock in if they are going to 8 be responsible for these fees, what those fees 9 are going to be, and there is always a lag time 10 between the time that you approve the subdivision 11 and all the public improvements were located, and 12 that could take a year or two just to get all the 13 public improvements in place so that the lots can 14 actually be built upon, and during that time 15 period, lots are being sold. 16 And, once again, we want to try 17 to have at least some -- some structure there 18 that we know what the costs are going to be when 19 we market them, they can do it and make sure 20 that, one , it ' s going to be profitable for them, 21 and the builder is also going to know what they 22 are paying for, so that ' s the basis why we are 23 trying to lock in . 24 MS . SPEARS: But from the city ' s Depo Court Reporting Service ( 630 ) 983-0030 24 1 standpoint, we have realized, and also the school 2 district , our fees really need to be increased, 3 we are running out of building space here , the 4 schools need additional money, and these are all 5 things we are going to have to address , and I am 6 not comfortable with locking fees in right now 7 for a five-year period because we are growing so 8 rapidly and we keep getting more developments in 9 here . 10 And also, have you selected 11 names for your streets yet? 12 MR. OLGUIN: Yes , actually we have 13 selected some streets , and they are identified in 14 the subdivision packets . 15 MS . SPEARS : Did you select any from 16 our historical list? 17 MR. OLGU_IN : Yes , there was . 18 MS . SPEARS : How many did you get? 19 Was it a percentage? 20 MR . OLGUIN : No, I think there was 21 just probably one, one name from the historical 22 list . 23 MS . SPEARS : That ' s all I have . 24 MAYOR PROCHASKA: Again, just Depo Court Reporting Service ( 630 ) 983-0030 25 1 listening -- Because I don ' t disagree with what 2 you are saying, Rose . The big thing that I was 3 told is that when we do this , we have to set the 4 fees here, and John just said, set something . 5 They can change it . 6 But somehow we have to set fees 7 in the agreement, and either then they can -- you 8 know, whenever they replat they do it or -- you 9 know, I think the verbiage we put on there, as 10 long as it ' s spread equally across -- how would 11 that go, equally spread across town, we can -- 12 they can all go up because we do that I know with 13 some of the connection fees , because if it ' s the 14 same across town, if it ' s equally applied -- 15 . MR . WYETH : Equally applied. 16 MAYOR PROCHASKA: Equally applied. 17 There is some advantage there that would allow 18 those fees to be applied across . 19 Because I agree that -- I 20 understand the need for consistency, but I also 21 understand the need that sometimes things sit for 22 five or six or eight or ten years and all of a 23 sudden the fee that was set up then is no longer 24 valid, so -- Depo Court Reporting Service ( 630 ) 983-0030 26 1 MS . SPEARS : Maybe we can limit it 2 to two or three years also at this time instead 3 of being at five . 4 MAYOR PROCHASKA: That ' s what I was 5 thinking, maybe a shorter time . Maybe tie it 6 that the fee would come into effect when that 7 particular thing was platted, . not necessarily 8 annexation. Those are things we can look at . 9 Anything else? Paul . 10 MR. JAMES : Yeah . On the main 11 roads , is there plans to put turn lanes on 12 Route 47 , 126, Ament Road and Ashley Road? 13 I know that you don' t abut to 14 them, but if you did, that ' s something that we 15 would be requesting, is that you put in turn 16 lanes , because you ' ve a got a unique piece of 17 property that kind of sits in the center and you 18 are surrounded by all the other properties . 19 I really think that we should 20 be looking at making sure that we ' ve got proper 21 turn lanes to all the major roads , and if we 22 don ' t have them on 126 and 47 , maybe even on 23 Ament and Ashley Road they should be added . 24 MR. OLGUIN : And I think 126 already Depo Court Reporting Service ( 630 ) 983-0030 27 1 required turn lanes as part of the subdivision -- 2 to the Crossroad subdivision, so I believe that ' s 3 already been addressed as far as 126 , and as part 4 of this development, part of the process that we 5 are going through with the preliminary plat , city 6 staff has requested -- and we already provided 7 one traffic study and it has requested that it be 8 updated based on some of the changes that have 9 been made to the plan, so that ' s going to be 10 submitted to the city for review as well . 11 MR . JAMES : Okay . So it sounds like 12 126 is kind of taken care of, but let ' s not 13 forget about Ament Road and Ashley Road . 14 MAYOR PROCHASKA: Ament and Ashley 15 Roads, are those township roads? Those are 16 township roads , which means they fall under our 17 $2 , 000 -- that ' s what they pay -- the $2 , 000 18 toward upgrading those roads , as the perimeter 19 arterials . 20 My bigger concern would be 47 , 21 where there is really no funding for that , 22 because 71 already has turn lanes on it as you go 23 into Raintree, and -- but I don ' t know if there 24 is plans for anything on 47 on those two Depo Court Reporting Service ( 630 ) 983-0030 28 1 entrances into Windett Ridge . 2 MR. JAMES : So basically this 3 development, I want to make sure we ' ve got -- 4 it ' s all off main roads, we ' ve got proper turn 5 lanes to get into this subdivision and don ' t 6 forget about it because it ' s a unique subdivision 7 surrounded by all the other lands . 8 MAYOR PROCHASKA: Well , I know the 9 2 , 000 -- That ' s why we collect the 2 , 000 per home 10 for the city, and now the fee is whatever it is , 11 $1 , 500 for the county, so that we can upgrade 12 county roads in that area, too . That ' s a good 13 point . 14 Anyone else? 15 (No Response) . 16 MAYOR PROCHASKA: Okay . And I would 17 entertain a motion to close the public hearing . 18 MS . SPEARS : So moved. 19 MS . BURD: Second. 20 MR. WOLFER: Second . 21 MAYOR PROCHASKA: Moved and 22 seconded . May I have roll call, please? 23 MS . MILSCHEWSKI : Wolfer . 24 MR. WOLFER: Aye . Depo Court Reporting Service ( 630 ) 983-0030 29 1 MS . MILSCHEWSKI : James . 2 MR. JAMES : Aye . 3 MS . MILSCHEWSKI : Munns . 4 MR. MUNNS : Aye . 5 MS . MILSCHEWSKI : Burd . 6 MS . BURD : Aye . 7 MS . MILSCHEWSKI : Spears . 8 MS . SPEARS : Aye . 9 MS . MILSCHEWSKI : Bock . 10 MR. BOCK: Aye . 11 MS . MILSCHEWSKI : Besco . 12 MR. BESCO : Aye . 13 MAYOR PROCHASKA: Motion is carried. 14 Thank you . 15 MR. OLGUIN : Thank you , Mayor . 16 Thank you, Aldermen . 17 (Which were all the 18 proceedings had in 19 the public hearing 20 portion of the 21 meeting . ) 22 ---000--- 23 24 Depo Court Reporting Service ( 630 ) 983-0030 30 1 STATE OF ILLINOIS ) ss : 2 COUNTY OF LASALLE ) 3 4 CHRISTINE M. VITOSH, being first duly 5 sworn, on oath says that she is a Certified 6 Shorthand Reporter doing business in the State of 7 Illinois ; 8 That she reported in shorthand the 9 proceedings had at the foregoing public hearing; 10 And that the foregoing is a true and 11 correct transcript of her shorthand notes so 12 taken as aforesaid and contains all the 13 proceedings had at the said public hearing . 14 IN WITiNESSSS WHEREOF I have hereunto set 15 m h d this _ I ay of 16 — 2006 . 17 18 19 20 ' QCH ONM _ _b--S STI VITOSH, C . 21 CSR License No . 084-002883 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 31 March 28 , 2006 $1,500 28:11, 28:11 acreage 13:8, 14:4 27:22 B-3 3:9 $2,000 27:17, 27:17, acres 3:13, 7:15, 9:9, amenities 18:19 back 9:21 27:17, 27:17 13:7, 13:21, 17:15, Ament 3:14, 7:16, ball 10:9, 13:22, 00300 2:16 17:19, 18:1, 18:2, 26:12, 26:23, 27:13, 18:15 084-002883 30:24 19:1, 19:13, 19:15, 27:14 Bank 3:6 1. 12:17 19:19 among 15:23 Based 10:11, 10:14, 12 7:15, 26:12, 27:3 across 25:10, 25:11, amount 19:21, 19:22, 11:17, 14:6, 14:24, 126 26:22, 26:24, 25:14, 25:18 20:15 18:4, 22:9, 22:24, 27:12 Actually 14:5, 15:10, ANN 2:10 27:8 141 9:9 16:18, 19:3, 21:3, annex 3:7, 7:9 basically 28:2 141.31 7:15 23:14, 24:12 annexation 3:5, 3:11, basing 22:20 15 19:13 add 17:19 7:13, 9:8, 9:15, 10:21, basis 23:22 2,000 28:9, 28:9, added 14:3, 26:23 10:23, 11:3, 11:8, behalf 2:19, 9:1 28:9, 28:9 addition 11:15 11:13, 11:14, 22:13, believe 4:14, 13:17, 200 5:18 additional 10:10, 26:8 17:21, 17:22, 18:17, 2006. 30:18 10:15, 11:10, 13:2, answer 11:2 18:20, 27:2 231 12:15 13:24, 14:3, 14:15, anybody 11:21 benefit 13:4 25th 5:13, 5:18, 6:4, 16:12, 16:13, 16:14, appeared 2:19 BESCO 2:9, 3:16, 6:7 17:14, 18:1, 18:2, application 9:8 3:20, 3:21, 7:1, 7:2, 380 2:16 18:14, 18:15, 18:17, applied 25:14, 25:15, 8:11, 8:12, 29:11, 4 7:16, 20:13, 22:8, 18:18, 1 9:19, 24:4 25:16, 25:18 29:12 26:12, 26:22, 27:20 address 24:5 appropriate 11:18 big 15:19, 25:2 47 3:13, 27:24 addressed 27:3 approval 9:24 bigger 27:20 60563 2:17 adjacent 13:16 approve 23:10 bit 20:6 71 27:22 adjourn 4:24 approximately 3:13, board 13:1, 13:1, 7:00 1:9, 1:9 adjust 14:19 7:15, 9:9, 10:4, 19:13 13:23 800 1:9 Administrator 2:11 April 5:13, 5:18, 6:7 BOCK 2:8, 4:4, 4:5, 805 3:6 advantage 25:17 area 10:15, 28:12 6:10, 6:19, 6:20, 8:9, 835 8:23 affects 23:4 arterials 27:19 8:10, 29:9, 29:10 9.81 3:13 afford 15:6 ARTHUR 2:2 bordering 14:11 900 12:13 aforesaid 30:14 Ashley 7:17, 26:12, Boulder 14:10, 14:17 afternoon 4:23 26:23, 27:13, 27:14 brick 15:8 agree 25:19 attaching 11:14 brings 17:13 <A> agreed 19:20 Attorney 4:22, 10:24, BROMBEREK2:15 A-1 3:8, 7:10, 9:10 agreement 3:11, 7:13, 21:20 build 15:22 able 16:13 10:21, 10:23, 11:3, audience 11:21 builder 23:21 above-entitled 1:7 11:8, 11:13, 11:15, Avenue 2:16 builders 23:2 abut 26:13 11:17, 21:24, 22:13, Aye 3:21, 3:23, 4:1, building 18:10, 24:3 acceptable 11:19 25:7 4:3, 4:5, 4:7, 4:9, built 16:2, 17:23, accepted 18:7 Agricultural 3:8, 7:10 6:14, 6:16, 6:18, 6:20, 21:1, 23:14 access 10:14, 10:17, Alderman 2:3, 2:4, 6:22, 6:24, 7:2, 7:24, BURD 2:5, 3:22, 3:23, 14:15, 14:19, 14:21, 2:5, 2:6, 2:7, 2:8, 2:9 8:2, 8:4, 8:6, 8:8, 6:13, 6:14, 8:5, 8:6, 16:20 Aldermen 29:16 8:10, 8:12, 28:24, 28:19, 29:5, 29:6 accesses 16:17 Alderwoman 2:10 29:2, 29:4, 29:6, 29:8, Burr 8:24 accommodate 19:18 Allegiance 3:1 29:10, 29:12 Business 3:9, 30:8 accordance 15:12 allow 14:20, 25:17 according 21:7 already 18:20, 20:2, acre 12:16, 13:9 26:24, 27:3, 27:6, < B > < C > Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 32 March 28 , 2006 C.S.R. 1:8, 30:23 connecting 16:22 department 17:11 11:14, 11:19 calculation 15:18 connection 25:13 depend 15:18 enough 5:14, 20:2 call 3:19, 6:12, 7:22, consistency 25:20 designated 13:11 entering 22:22 28:22 consistent 9:16, 9:19 detached 10:2 entertain 3:2, 5:12, care 27:12 consists 3:12, 7:14 detailed 9:22 6:6, 7:6, 28:17 carried 7:3, 8:13, constructed 18:22 detention 19:19 entire 19:4, 22:24 29:13 construction 15:22 develop 21:9, 22:24 entirely 18:11, 18:22 cash 15:11, 17:7, consulting 10:13 developer 15:21, 16:2 entrances 28:1 19:1, 19:4, 19:7, contains 30:14 developing 22:20 envisions 9:20 19:15, 19:22, 20:6, continue 6:4 Development 7:8, Equally 25:10, 25:11, 20:7 continuously 20:18 9:1, 9:3, 20:14, 20:17, 25:14, 25:15, 25:16 center 26:17 contracts 22:21 20:24, 22:17, 22:24, established 10:6 certain 4:24 contributing 17:6 27:4, 28:3 evening 9:2 certificate 6:3 copy 10:22 developments 15:20, Exactly 22:3 Certified 30:7 corner 13:3 24:8 except 13:3 chambers 5:19 Correct 5:21, 17:8, deviations 11:11 existing 16:22, 17:15 change 20:18, 20:24, 17:24, 19:2, 19:8, different 15:19, expansion 10:8 21:7, 25:5 21:17, 22:15, 30:13 15:23, 15:24, 16:1, extension 10:16 changes 27:8 costs 23:18 22:5, 22:14 extra 18:2 choose 21:17 Council 1:1, 4:19, difficult 16:2, 16:7 CHRISTINE 1:8, 30:6, 5:18, 6:8, 8:18, 11:9, disagree 25:1 30:23 12:10, 13:5 discuss 7:7 < F > City 1:1, 1:2, 1:10, COUNTY 3:8, 3:15, discussing 3:4 F. 2:2 2:11, 2:12, 2:20, 3:7, 7:10, 7:17, 9:10, discussion 14:2 facilities 10:9, 17:12 3:8, 4:19, 5:18, 6:7, 28:11, 28:12, 30:3 discussions 10:12 facility 18:21 7:9, 7:11, 8:18, 9:10, couple 17:3, 20:11 District 3:9, 3:10, fact 21:5 9:16, 9:19, 10:23, court 10:9 7:12, 9:10, 9:11, 10:8, fall 27:16 10:24, 11:12, 11:18, courts 13:23, 18:16 12:22, 14:2, 14:12, far 14:3, 15:16, 16:8, 12:10, 20:14, 20:16, Creek 7:8, 9:1, 9:3 15:12, 16:11, 19:5, 27:3 20:17, 22:10, 23:24, CROIS 2:11 19:7, 19:14, 20:9, Farm 1:9 27:5, 27:10, 28:10 Crossroad 27:2 24:2 fee 25:23, 26:6, 28:10 Clerk 2:12 CSR 30:24 doing 18:9, 30:8 feeding 16:15 close 28:17 curious 19:24 donation 19:4, 19:7 fees 20:14, 20:17, collect 28:9 currently 22:10 Drive 8:23, 14:10 20:18, 20:21, 20:23, combination 15:11 cutting 14:22 duly 30:6 21:1, 21:8, 21:10, comfortable 24:6 During 11:9, 23:14 21:22, 22:9, 22:10, coming 11:17, 22:13 dwelling 12:16 22:14, 22:15, 22:19, comment 10:24, 11:7, < D > 23:8, 23:8, 24:2, 24:6, 11:22 Dan 9:3 25:4, 25:6, 25:13, comments 10:11, DANIEL 4:18 < E > 25:18 14:6, 14:24, 20:10, date 4:13, 4:14, 4:24, East 2:16, 7:16, felt 13:24 20:12 5:13, 5:17, 5:23 12:13, 13:13, 16:21, fields 10:9, 13:22, community 15:20 dates 5:21 16:21 18:16 completely 18:7 Dave 9:4 effect 26:6 Fifth 2:16 component 10:3 day 30:17 eight 25:22 fine 6:2, 13:6 concern 22:6, 27:20 dealing 11:23 either 11:2, 25:7 firm 8:21, 18:6 concrete 14:13 DEAN 2:6 engineer 10:13 first 4:11, 30:6 conjunction 13:20 density 12:18 engineering 11:11, five 19:15, 21:6, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 33 March 28 , 2006 21:10, 21:10, 21:18, 12:4, 12:13, 14:11, JUSTIN 2:18 little 20:6 25:22, 26:3 15:19, 15:22, 16:1, LLC 7:8 five-year 24:7 16:4, 16:4 located 3:13, 8:23, follows 4:20, 8:19, hour 1:9 < K > 9:13, 18:10, 23:11 12:11 Hudson 9:4 keep 24:8 location 14:8 foregoing 30:11, Kendall 3:8, 3:15, lock 23:7, 23:23 30:12 3:15, 7:8, 7:10, 7:17, locked 21:1, 21:6, forget 27:13, 28:6 < 1 > 7:17, 9:1, 9:3 21:22, 22:19 four-bedroom 16:4 identified 24:13 key 16:8 locking 24:6 front 23:4 identify 16:3 kids 14:21, 16:6, long 21:15, 25:10 fund 15:6 Illinois 1:2, 1:10, 16:14 longer 25:23 funding 27:21 2:17, 2:20, 3:15, 7:18, kind 26:17, 27:12 look 15:23, 16:19, 30:1, 30:9 KING 12:3, 12:9, 20:9, 21:4, 26:8 immediately 10:5, 12:12, 12:12, 12:19, looking 17:19, 20:7, < G > 13:18 12:22, 13:6, 15:4, 21:5, 21:13, 26:20 Game 1:9 impact 15:15, 16:5 15:14, 16:8, 16:16, Loree 12:9, 12:12 generates 16:6 importance 22:18 16:24 lot 15:15, 15:20, 23:7 getting 20:20, 24:8 important 23:3 Kleinwachter 3:5 lots 22:21, 23:5, give 5:8, 11:22, 20:10 improvements 23:11, Knott 9:4 23:13, 23:15 given 13:21, 15:11 23:13 KRAMER 4:18, 4:21, low 12:18 giving 17:10, 19:1, in. 23:23 5:20, 6:1, 7:4 19:1 included 11:13 Goldstine 8:22 incorrect 4:13 < M > growing 24:7 increased 24:2 < L > M. 1:8, 30:6, 30:23 guess 5:5, 21:20 increases 23:4 lag 23:9 main 16:17, 26:10, individual 5:21 Lake 9:5 28:4 information 22:8 land 15:9, 15:11, mainly 18:18 < H > instead 17:9, 26:2 16:12, 17:7, 17:18, maintain 10:15, 10:18 hand 30:17 intended 15:14 17:19, 18:14, 19:1, major 26:21 handful 23:1 intensely 12:17 19:10, 19:12, 20:1, managers 9:4 handle 21:21 issues 21:14 20:2, 20:7 map 9:13 happens 21:15 lands 28:7 market 23:19 happy 11:1 lanes 26:11, 26:16, MARTY 2:7 Harper 9:3 < J > 26:21, 27:1, 27:22, matter 1:7 Hearing 3:3, 3:10, J. 4:18 28:5 Mcclintock 8:23 4:11, 4:12, 4:14, 4:23, JACQUELYN 2:12 LASALLE 30:3 means 27:16 5:9, 5:13, 6:7, 7:6, JAMES 2:3, 2:8, 3:17, Last 16:16 meant 18:21 7:7, 7:12, 8:14, 12:1, 3:24, 4:1, 6:15, 6:16, law 8:21 MEETING 1:1, 1:6, 28:17, 29:19, 30:11, 7:20, 8:1, 8:2, 8:17, layout 9:22 10:20 30:15 17:3, 17:9, 17:17, least 22:18, 23:17 meeting. 29:21 HEITZ 2:15 17:24, 18:13, 18:24, Legion 3:14 met 13:1 Herb 3:5 19:6, 19:9, 19:21, LESLIE 2:4 middle 17:22 hereunto 30:16 19:24, 21:9, 26:10, License 30:24 MILSCHEWSKI 2:12, historical 24:16, 27:11, 28:2, 29:1, 29:2 limit 26:1 3:20, 3:22, 3:24, 4:2, 24:21 JASON 2:4 limited 10:17 4:4, 4:6, 4:8, 6:13, Hoff 8:22 Jim 8:21 line 14:11 6:15, 6:17, 6:19, 6:21, Home 20:21, 28:9 John 2:11, 2:18, 25:4 list 24:16, 24:22 6:23, 7:1, 7:23, 8:1, homes 10:2, 12:3, JOSEPH 2:9 listening 25:1 8:3, 8:5, 8:7, 8:9, 8:11, Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 34 March 28 , 2006 28:23, 29:1, 29:3, 22:14 13:1, 13:1, 13:2, 13:8, portion 14:18, 20:13, 29:5, 29:7, 29:9, 29:11 offices 8:23 13:10, 13:12, 13:15, 20:13, 29:20 models 23:1 Okay 4:10, 5:17, 6:5, 13:17, 13:23, 13:24, possible 10:8, 10:10, money 17:10, 17:12, 14:1, 20:8, 27:11, 17:10, 17:11 18:16, 18:16 20:2, 24:4 28:16 park-type 13:22 posting 4:12, 5:24, mortar 15:9 Old 3:6 parking 10:10, 18:17 6:1 Motion 3:3, 5:12, 6:6, OLGUIN 8:17, 8:20, parks 17:4, 17:5, 17:6 postpone 4:15, 5:12, 7:3, 7:6, 8:13, 28:17, 8:21, 11:6, 12:15, part 10:19, 21:23, 6:6 29:13 12:20, 12:24, 13:8, 27:1, 27:3, 27:4 preliminary 9:23, move 14:17 14:5, 15:10, 15:16, particular 5:8, 9:17, 27:5 Moved 3:16, 3:18, 16:10, 16:18, 17:8, 9:20, 11:7, 26:7 present 9:10 6:9, 6:11, 7:19, 7:21, 17:16, 18:4, 18:14, pass 15:6 Prestwick 9:14, 13:13 28:18, 28:21 19:3, 19:8, 19:11, Paul 2:3, 17:2, 26:9 pretty 12:18 movement 10:18 19:23, 22:4, 22:6, pay 23:4, 27:17 previous 14:9 MUNNS 2:7, 4:2, 4:3, 22:12, 24:12, 24:17, paying 23:22 previously 8:24 6:17, 6:18, 8:3, 8:4, 24:20, 26:24, 29:15 Penman 10:16 pricing 22:21, 23:2 29:3, 29:4 Once 9:18, 18:5, people 5:1, 14:22, probably 4:15, 24:21 22:19, 22:22, 23:16 15:5, 18:8 PROCEEDINGS 1:6, One 11:7, 14:7, 15:4, per 12:16, 15:15, 29:18, 30:11, 30:15 < N > 16:11, 16:21, 16:22, 15:18, 28:9 process 27:4 name 8:21, 12:7, 21:14, 24:21, 27:7 percentage 24:19 PROCHASKA2:2, 12:12, 24:21 One-family 3:10, perimeter 27:18 3:2, 3:18, 4:10, 5:2, names 24:11 7:11, 9:11 period 22:19, 23:15, 5:11, 5:17, 5:24, 6:5, Naperville 2:17 ones 16:15 24:7 6:11, 7:3, 7:5, 7:21, National 3:6 open 4:23, 18:3, 20:3, petition 3:4, 7:7 8:13, 11:5, 11:20, necessarily 14:22, 20:22 petitioner 3:11, 7:13, 12:1, 12:6, 12:21, 26:7 open-ended 22:2 8:15, 9:7 14:1, 15:2, 17:1, necessary 18:18 opened 5:3 Petitioners 7:8 17:21, 20:8, 20:19, need 4:11, 4:15, opinion 22:5 petitions 9:6 21:3, 21:12, 21:19, 14:18, 21:20, 24:2, opposed 21:13 piece 13:3, 26:16 22:11, 24:24, 25:16, 24:4, 25:20, 25:21 opted 19:9, 19:14 place 23:13 26:4, 27:14, 28:8, needed 13:24 opting 20:1 plan 9:23, 9:24, 11:3, 28:16, 28:21, 29:13 Nemec 8:22 option 18:24 11:9, 14:10, 14:13, products 16:1 Next 7:5, 17:15, 20:4 order 19:16 16:19, 18:6, 18:10, profitable 23:20 nice 10:16 ordinance 20:17 19:4, 19:6, 27:9 project 9:4, 11:23, No. 21:3, 30:24 original 19:4, 19:6 planning 18:9 12:4, 12:5, 12:14, none 12:1 owners 5:21 plans 11:14, 18:4, 13:13 north 3:14, 7:16, 26:11, 27:24 projected 9:16 13:16, 16:22 plat 27:5 proper 26:20, 28:4 notes 30:13 < P > platted 26:7 properties 26:18 notice 5:15 P.M. 1:9 please 3:19, 6:12, property 3:12, 7:14, number 16:6 packets 24:14 7:22, 12:6, 28:22 9:9, 9:12, 9:17, 9:19, Page 20:13, 22:8 Pledge 3:1 18:11, 19:17, 26:17 Pam 3:5 plus 19:15 proposed 9:18, < O > paper 4:13 poin 16:23, 22:17 10:23, 11:3 oath 30:7 parcel 9:20, 13:11, point 13:4, 14:15, provide 10:14, 16:12 objection 22:7 14:11, 14:18 22:2, 28:13 provided 13:3, 27:6 Obviously 22:7, park 12:22, 12:24, points 14:19, 16:20 providing 10:7, 19:14 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 35 March 28 , 2006 provision 21:4 reported 30:10 says 20:14, 21:5, 30:7 sits 26:17 public 3:3, 4:11, 4:12, Reporter 30:8 school 10:6, 10:8, six 25:22 4:14, 5:8, 5:13, 6:7, representing 8:15 10:15, 13:16, 13:21, size 14:7, 17:17 7:6, 7:7, 8:14, 23:11, request 3:4, 3:6, 7:9, 14:2, 14:7, 14:12, Skrodzki 8:22 23:13, 28:17, 29:19, 11:16, 14:16 14:21, 15:12, 15:17, small 13:3 30:11, 30:15 requested 9:15, 13:2, 16:11, 16:15, 17:13, sold 23:15 publication 6:3 16:12, 19:18, 27:6, 17:15, 17:18, 17:20, somehow 25:6 purchasers 23:6 27:7 17:23, 18:1, 18:6, someone 8:14 purpose 3:4 requesting 26:15 18:19, 19:2, 19:5, sometimes 25:21 put 17:19, 20:2, 25:9, required 20:17, 27:1 19:7, 19:14, 20:3, somewhere 5:22 26:11, 26:15 requirements 11:12, 20:4, 20:9, 24:1 sorry 11:6, 12:20, putting 17:9 15:13 schools 15:7, 16:9, 16:21 Residence 3:10, 24:4 sounds 27:11 7:12, 9:11 Second 3:6, 3:17, south 3:14, 7:15, < Q > Response 5:10, 6:10, 28:19, 28:20 9:13, 10:5, 14:11, question 5:5, 15:4, 11:24, 28:15 second. 7:20 16:20, 16:20 16:16, 17:13, 21:20 responsible 19:13, seconded 3:19, 6:12, space 18:3, 20:4, questions 11:2, 23:8 7:22, 28:22 24:3 11:22, 15:3, 17:4 review 10:20, 10:24, seems 20:5 SPEARS 2:10, 4:6, 27:10 seen 18:5 4:7, 6:9, 6:21, 6:22, revise 20:12 select 24:15 8:7, 8:8, 28:18, 29:7, < R > rezone 3:7, 7:10 selected 24:10, 24:13 29:8 R-1 12:20 rezoning 9:8, 9:16 selling 23:1 specific 20:15 R-2 3:9, 7:11, 9:10, Ridge 8:24, 13:18, sense 22:15 specifically 13:11, 12:19, 12:20, 12:21 14:10, 14:17, 28:1 served 5:20 16:3 Raintree 9:13, 10:6, Road 1:9, 3:14, 3:14, Service 3:9, 16:13 spread 25:10, 25:11 13:16, 18:11, 18:22, 7:16, 7:17, 10:16, services 6:3 Spring 12:13 27:23 26:12, 26:12, 26:23, set 25:3, 25:4, 25:6, ss 30:2 rapidly 24:8 27:13, 27:13 25:23, 30:16 stadium 18:21 rather 21:17 Roads 26:11, 26:21, setting 20:21 Staff 10:12, 27:6 real 3:12, 7:14 27:15, 27:15, 27:16, shortening 21:13 stand 12:7 realigned 10:13 27:18, 28:4, 28:12 shorter 26:5 standpoint 24:1 realized 24:1 roadway 14:16 Shorthand 30:8, start 22:20 really 24:2, 26:19, roadways 10:14 30:10, 30:13 State 12:7, 30:1, 30:8 27:21 Roll 3:19, 6:12, 7:22, showed 14:10, 18:10, stated 8:24 reason 13:9, 13:10 28:22 19:4 strapped 20:6 reasons 16:11 room 15:5, 16:13 shown 9:12 Street 12:13, 14:8 recall 19:23 Rose 2:10, 20:10, shows 10:1 streets 24:11, 24:13 receive 15:1 25:2 single-family 10:2 structure 23:17 received 14:6 Route 3:13, 7:15, Sir 5:16, 15:2 study 27:7 referendum 15:6, 7:16, 26:12 sit 21:15, 25:21 Subdivision 9:5, 17:22 Rule 20:21 site 10:5, 10:6, 10:15, 11:4, 13:14, 13:19, regarding 11:18, running 24:3 11:19, 12:17, 12:24, 18:12, 19:20, 23:10, 14:13 Russian 8:22 13:2, 13:10, 13:12, 24:14, 27:1, 27:2, regional 9:13 13:15, 13:16, 13:18, 28:5, 28:6 remember 19:22 13:24, 14:22, 16:5, subject 9:5, 21:11 replat 25:8 < S > 16:14, 17:10, 17:15, submitted 9:7, 9:23, REPORT 1:6 saying 21:17, 25:2 17:18, 17:23, 18:23 10:19, 10:22, 27:10 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council 36 March 28 , 2006 sudden 25:23 try 23:16 walk 9:21 suggest 4:21, 20:12 trying 10:14, 10:18, walking 14:21 suggested 11:10 23:23 wanted 19:12 Suite 2:16 turn 26:11, 26:15, west 7:16, 9:14, surrounded 26:18, 26:21, 27:1, 27:22, 13:18, 16:23 28:7 28:4 whatever 21:8, 28:10 surrounding 17:4 two 14:7, 16:20, whenever 25:8 sworn 30:7 16:21, 23:12, 26:2, WHEREOF 30:16 27:24 WHEREUPON 4:17, 8:16, 12:8 < T > whole 5:6 talked 4:22, 18:8 < U > will 6:2, 6:4, 13:4, ten 13:21, 17:14, understand 22:1, 16:15, 18:1 17:19, 18:1, 18:2, 25:20, 25:21 Windett 13:18, 28:1 19:1, 19:15, 19:19, understanding 18:15, within 16:5, 18:11, 25:22 22:9 19:19, 22:15 ten-acre 10:5 unique 26:16, 28:6 without 14:22 tennis 10:9, 13:22, unit 12:16, 15:18 WITNESS 30:16 18:16 United 1:2, 2:19, 3:7, WOLFER 2:6, 4:8, testified 4:19, 8:18, 3:81 7:9, 7:11 4:9, 6:23, 6:24, 7:19, 12:10 units 12:16 7:23, 7:24, 28:20, testimony 5:8 unlike 15:19 28:23, 28:24 they've 20:2 updated 27:8 WYETH 2:15, 2:18, thinking 26:5 upgrade 28:11 4:22, 5:16, 21:23, thoroughfare 10:16 upgrading 27:18 22:4, 25:15 thoroughfares 16:17 usable 19:17 three 26:2 uses 13:22 three-bedroom 16:3 <Y> tie 26:5 yards 14:23 tomorrow 4:13 < V> year 23:12 tonight 5:1, 8:24, VALERIE 2:5 years 21:6, 21:10, 10:20 valid 25:24 21:11, 21:18, 25:22, top 20:13 value 15:15, 16:8, 26:2 total 12:15, 12:16, 23:5 Yorkville 1:2, 1:10, 19:12 values 16:9 2:20, 3:7, 3:9, 4:19, touch 14:17 variety 21:24 7:9, 7:11, 8:18, 9:14, touching 13:12 various 9:6, 15:24, 12:10, 13:14 toward 27:18 23:2 town 25:11, 25:14 verbiage 25:9 townhome 10:3 versions 14:9 < Dates > Township 3:15, 7:17, versus 20:1 march 28, 2006 1:8, 27:15, 27:16 Village 9:14, 10:7, 1:8, 1:8 track 18:21 13:17, 18:12, 18:22 traffic 10:18, 27:7 VITOSH 1:8, 30:6, transcript 30:13 30:23 transcription 5:22 true 30:12 Trust 3:6 < W > Depo Court Reporting Service ( 630 ) 983-0030 Page 1 of 4 Di�FT UNITED CITY OF YORKVILLE DOWNTOWN REDEVELOPMENT MEETING Monday,February 13,2006,6:30pm Council Chambers City Attendance: Mayor Art Prochaska Guest Sneakers Lisa Lyon, Ehlers &Associates Kathleen Orr, TIF Attorney Guests: (Many residents). See attached guest list. (Not all attendees signed) The meeting was called to order at 6:38pm by Mayor Art Prochaska. The Mayor introduced Ms. Lisa Lyon of Ehlers&Associates and Ms. Kathleen Orr,TIF Attorney and turned the meeting over to Ms. Orr who would be the moderator. Ms. Orr explained the concept of tax increment financing to those in attendance. An identified area is examined for its assessed valuation to see if it qualifies for revitalization under the TIF Act. When the property is determined to be eligible, and if the said property value has increased, the tax on the difference between the present value and the previous value is calculated. That tax amount is distributed to the municipality,held in a special account and used for specifically defined purposes. The municipality is allowed to use that tax money to induce development. The law referring to TIF's requires many notices and meetings so that all City residents are aware and particularly those in the designated area. She said the law states that any TIF area with 75 or more dwellings, must have a pre-meeting so that all residents have an opportunity to be aware of the area that will be declared a TIF district. Additionally, if the plan would displace at least 10 people, a meeting must be held. She emphatically stated that the City has no plan to displace anyone,there will be no condemnations or eminent domain. She said that property would only be purchased if there was a willing seller. Ms. Orr then introduced Lisa Lyon,who is a planning consultant with Ehlers & Associates and turned the meeting over to her. Ms. Orr said Ms. Lyon would explain why the area was eligible for a TIF. Page 2 of 4 Ms. Lyon showed a slide presentation and also distributed a handout. She explained that there were 1000 TIF's in place in the State of Illinois and two in Yorkville. She showed slides that were developed in conjunction with the master downtown plan by Yas Fichtel &Associates. She also listed the goals for the downtown plan (see attached handout). Ms. Lyon said that the TIF is a multi-year funding tool that will last 23 years to coincide with the 25-year master plan. She said the real"engine" of a TIF is to provide private incentives for building and rehabilitation. Then, increased revenue is generated from those projects. She emphasized that a TIF does not establish anew tax rate,just new property values within the TIF district. She said the State has very specific`Eligibility Findings"to determine a TIF area. Two of the criteria are to determine if the area is eligible as a conservation area, (i.e., Fox River) and if there is a lack of growth/development. She also explained the other criteria. She added that there are 140 units of housing in this district. Ms. Lyon then explained the eight strategies if the area is declared a TIF district. One of the most significant of these is improved infrastructure and would include grade changes between Van Emmon and Hydraulic. Mayor Prochaska said this is the beginning of the process and the City is looking for comments and input from the citizens to encourage redevelopment. On March 17th a plan will be available for viewing at City Hall, according to Ms. Orr. She also said that another Public Hearing will be held on May 23`d and will explain what is reimbursible. The Mayor then opened the floor for comments. The questions, answers and discussion that followed are listed below: Dave Williams,401 W. Madison Mr. Williams asked what other TIF districts the City has. Ms. Orr replied that they are Fox Industrial Park(completed) and Countryside Shopping Center. Mayor Prochaska added that the Fox Industrial Park TIF was used not only to attract businesses,but to also keep businesses. Expansion has also occurred with some of those businesses. Page 3 of 4 Gary Koerber, 604 S. Main He asked if a study had been done on the traffic impact before and after. The Mayor said some traffic issues had been looked at and he added that this project would be done over the course of 20 years. IDOT has also looked at the traffic and suggested a"right in-right out"on Hydraulic and making it more traffic-friendly. However, the Rt. 47 plan has not been approved yet in the legislature even though there is money in the budget. Mr. Corey Johnson,507 W. Madison He stated that there are two school referendums coming this spring in addition to a proposed TIF. He asked how much of this growth could this capture and take away from our School District? Ms. On replied that the increased assessed value in the TIF is not counted against the assessed value of the school district. Therefore,the state aid remains high because the growth is not included. Johanna Bever(sp?), 605 S. State What are the advantages to owners of historic homes? Ms. Orr said that the City may enter into an agreement to reimburse expenses for improvement. Some of these homes may qualify for grants under the Facade Program. Ms. O'Brien,207 W. Ridee She said she had contacted the City about this program two years ago and was told it was only for commercial and not residential. The Mayor said it had been changed in the last year. Camille Grimes, 106 Quinsey Lane Does this plan changeover the years? Will property be added to it? Property can be removed from the TIF area,but if property is added,the entire process must start over. Kathy Koteles, 107 E. Main She is not in the TIF district, however, she did receive a notice for the meeting. Anyone within 750 feet of the area will receive notice of the Public Hearing. Al Birdwell, 127 E. Van Emmon He wanted to be certain he understood the TIF program. Ms. Orr said the money can only be used in designated areas and that no tax abatements are given. Additional real estate taxes might be reimbursed. Page 4 of 4 Dale Woodworth,Main St. (no #given) Why was the river placed in the TIF area? Ms. Lyon said there was some opportunity for recreational activities on the island and there was also a suggestion of a pedestrian bridge. Bob Johnson,304 W. Main He had a question on the boundaries referenced in the letter that was sent. The letter was incorrect,however,the map was correct. Mr. Lambke,339 E. Van Emmon He said his property was non-conforming and wondered how the TIF would affect him. There will be no effect, according to Ms. Orr. Lori Milam,501 Heustis What about the railroad, it goes right through the middle? Mayor Prochaska said since it is owned by the railroad, the City has no control over it at this point. The railroad is aware of the redevelopment. Jay Hamblin, 702 Heustis St. What developments will come from the TIF? The Mayor suggested mixed use, some residential and other development to maintain the downtown character. LuAnne Peters,301 W. Madison She asked how the TIF boundaries were determined. The Mayor gave a brief explanation and said that property must be added now if desired. Terry Groesch,8433 W. Hiahpoint She understood her property at 207 W Hydraulic was slated to be a senior center. Mayor Prochaska stated that this is only a concept at this time and no action will be taken unless she is willing to sell. Dan Nicholson,201 E. Van Emmon Can the City use TIF money to buy properties? Ms. Orr said yes,however,there are certain legal requirements. There were no further questions. Mayor Prochaska said that further inquiries could be directed to him and he thanked everyone for attending. The meeting adj oumed at 7:35pm. Minutes transcribed by Marlys Young,Minute Taker F-tc i Reviewed By: Z) c 0� Legal F-1 City Council EST. 7836 Finance F-1 Engineer ❑ 4 ��, 41 City Administrator El Agenda Item Tracking Number �p Consultant ❑ �G o C0 5 - q�5 CE �? Human Resources ❑ City Council Agenda Item Summary Memo PNGK Family Limited Partnership Property Annexation Agreement and Development Title: Agreement(Onishi—McHugh Professional Building) City Council/COW/Committee Agenda Date: May 2, 2006. CC 5MO(O Synopsis: Ordinance authorizing the execution; Ordinance Annexing; Ordinance Rezoning Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: United City of Yorkville Memo J + ° 800 Game Farm Road ESL 1 ,�-: rest Yorkville, Illinois 60560 Telephone: 630-553-8545 ag ( "«X Fax: 630-553-3436 Date: April 19, 2006 To: City Council From: Travis Miller CC: John Crois, City Administrator John Wyeth, City Attorney Subject: PNGK Partnership-McHugh Professional Building I have reviewed the annexation agreement revised April 10, 2006. Staff comments have been addresses sufficiently regarding this agreement. There are some outstanding technical issues that will need to be addressed when the final site plan and engineering plan is submitted,however,these issues do not effect the pending annexation agreement. Ems, l STATE OF ILLINOIS ) Revised April 10, 2006 COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE PNGK FAMILY LIMITED PARTNERSHIP 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"), and of the County of Kendall, State of Illinois (hereinafter referred to as "Owner/Developer"). WITNESSETH WHEREAS, Owner/Developer is the owner of real property which is the subject matter of said Agreement comprising approximately .756 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 desires 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 reviewed and approved the proposed land use and the zoning of the same at the request of Owner/Developer and the City; and WHEREAS, Owner/Developer has presented, and the City has considered, the tract, of 1 real property herein described in the attached Exhibit"A" as Office 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 its 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- 15.1-1 through 65 ILCS 5111-15.1-5, 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 fiuther terms of this Agreement as Office District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on for the Office District. Said real property shall be used and developed in accordance with 65 ILCS 5/11-15.1-1 through 65 ILCS 5/11-15.1-5, 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 Compiled Statutes and shall be zoned"Office"Zoning. (ii) That the subject property shall be developed in substantial conformity with the attached Site Plan,which is incorporated herein and made a part hereof by reference as Exhibit `B". (iii) OWNER/DEVELOPER agrees to install additional landscape screening over and above the requirements of the CITY LANDSCAPE ORDINANCE on the South and West of the subject property,where it adjoins residential uses. The City further shall require board on board fencing on the boundaries at the West and South perimeter of the subject property in a decorative manner to provide said additional screening to the adjoining residential uses. (iv) OWNER/DEVELOPER shall be responsible for providing landscaping, in conformance with CITY standards as shown on a Final Landscape Plan to be approved by the City Planner, shall be planted, although no permanent trees covering utilities on the right-of-way adjacent to the subject real property. (v) That except to the extent eliminated by the City Building Code Enforcement Officer as to parking places, OWNER/DEVELOPER shall provide the number of parking places as set out on the attached Exhibit`B" attached hereto and incorporated herein by reference. (vi) OWNER/DEVELOPER shall provide a building setback of 40' from the property line on the South and West adjoining residential uses. (vii) 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. 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 revised as recommended by the City Council and approved by the City Council of the United City of Yorkville. 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 YORKVILLE to hook-on to the CITY Water and Sanitary Sewer System at the time of applying for a building permit on the subject real property, and after CITY has approved this Annexation Agreement. Extension of Sanitary Sewer and Water Mains shall conform to City Ordinance. C. Upon Annexation,the Owner will receive police protection, 911 service, Sanitary Sewer, Water 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 District at the time of applying for a building permit seeking to hook up to the Sanitary District and the City Sanitary Sewer System. 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 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. 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: John Wyeth 800 Game Faun Road Yorkville, IL 60560 To Owner/Developer: PNGK Family Partnership 2956 Beth Lane Naperville,IL 60564 With a copy to: Law Offices of Daniel J. 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. 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: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF THE DEVELOPMENT AGREEMENT OF PNGK FAMILY LIMITED PARTNERSHIP (1100 McHugh Road) WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS,said Development 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 5111-15.1-1,as amended,for the execution of said Development Agreement has been fully complied with; and WHEREAS,the property is contiguous to the City,and is not located within the boundaries of any other Illinois Municipality. 1 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AS FOLLOWS: Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Development Agreement concerning the annexation and development of the real estate described therein,a copy of which Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That 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 JASON LESLIE MARTY MUNNS ROSE SPEARS DEAN WOLFER APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 20 Attest: CITY CLERK 2 Prepared by: Law Offices of Daniel I Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 STATE OF ILLINOIS ) Revised April 10, 2006 ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- ORDINANCE ANNEXING THE PROPERTY OF PNGK FAMILY LIMITED PARTNERSHIP TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS WHEREAS,PAYNE ONISHI,as record owners in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE,have heretofore submitted a Petition for Annexation of said property; and WHEREAS, the development and annexation of said land have been considered by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to annex the said land described in said Petition for Annexation to THE UNITED CITY OF YORKVILLE; and WHEREAS,the Petitioners are the Owners of Record of said property and no other electors reside thereon; and WHEREAS, said Petition is under oath requesting the annexation of said property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in 1 accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILLS 5/11- 15.1-1 et. seq. WHEREAS,said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any other municipality; and WHEREAS,the statutes provide that upon property affirmative vote of 3/4h of the Corporate Authorities of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall County,Illinois. BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE,Kendall County, Illinois: Section 1: That the property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County,Illinois: See Attached Legal Description Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be,and they are hereby,extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be,and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,a certified copy of this Ordinance,together with an accurate map of the territory annexed,which map shall be certified as to its correctness. Section 4: That the property described in Exhibit "A" is hereby annexed and zoned as follows: "Office Use". Section 5: That all Ordinances or portion of Ordinances in conflict herewith be,and they are 2 hereby repealed insofar as such conflict exists. Section 6: That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall County, Illinois, as herein provided, this day of 2006. VALERIE BURD JOSEPH BESCO JASON LESLIE PAUL JAMES JAMES BOCK MARTY MUNNS ROSE SPEARS DEAN WOLFER APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 20 Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO.2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (PNGK Family Limited Partnership Property, 1100 McHugh Road) WHEREAS, the PNGK Family Limited Partnership Property is the legal owner of record of property described on Exhibit"A"attached hereto and incorporated herein(the Property), and WHEREAS the PNGK Family Limited Partnership Property, 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 annexation of the property. 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 "0" Office District as described in attached Exhibit`B" (Legal Description of the Property). Page 1 of 2 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 Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION: THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT' 45 OF FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 20 DEGREES, 10 MINUTES, Do.'-, SECONDS EAST, ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 1479:25 FEET TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID SUBDIVISION; THENCE NORTH 72 DEGREES, 02 MINUTES, 51 SECONDS WEST, ALONG THE SOUTHERLY LINE OF TURRA ROAD, 1360.96 FEET, THENCE SOUTH 49 DEGREES; 29 MINUTES, 08 SECONDS WEST, 886.93 FEET; THENCE NOR [7 40 DEGREES,' 20, MINUTES, 48 SECONDS WEST, 505.41 FEET.;'TC THE CENTERLINE OF McHUGH ROAD; THENCE SOUTH 49 ' DEGREES, 20 MINUTES, 00 SECONDS WEST, ALONG SAID CENTERLINE, 533.68 FEET; THENCE SOUTH 46 DEGREES, 22 MINUTES, 44 SECONDS WEST, ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY CORNER OF NEWE BRANDT.': SUBDIVISION; . T.REfjCE SOUTH 43 .DEGREES, 22 MINUTES, 55 w4:. SECONDS EAST, ALONG THE NORTHEASTERLY LINE OF SAID .,. SUBDIVISION, 229.39 FEET TO THE MOST EASTERLY CORNER-.,',. OF SAID SUBDIVISION--, 'THENCE SOUTH 46 DEGREES, 41 *. MINUTES, 58 SECONDS WEST, ALONG THE SOUTHEASTERLY LIME OF SAID SUBDIVISION, 150.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 59 DEGREES, 06 MINUTES, 43 SECONDS WEST, 190.47 FEET; THENCE NORTH 43 DEGREES, .2: MINUTES, 03 SECONDS WEST, 190.05 FEET TO THE CENTERLINE OF McHUGH ROAD;':.THENCE NORTH 46 DEGREES, 05 MINUTES; 18 SECONDS EAST; ALONG SAID CENTERLINE, 185.98 FEET TO THE MOST WESTERLY CORNER OF SAID NELLIE BRANDT SUBDIVISION; THENCE SOUTH 43 DEGREES, 22 MINUTES, 03 SECONDS EAST, .ALONG SAID SOUTHWESTERLY LINE OF SAID SUBDIVISION,. 232.98 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP;:KENDALL COUNTY, ILLINOIS. CONTAINING 0.903 .ACRES, MORE OR LESS. NOTE: LEGAL DESCRIPTION TAKEN FROM A PLAT OF SURVEY BY PHILLIP D. YOUNG 'AND ASSOCIATES, INC., LAND SURVEYING TOPOGRAPHIC MAPPING DATED NOVEMBER 11, 1998. i i. r.• EXHIBIT B 10-7A-1 10-7A-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE A. O OFFICE DISTRICT SECTION: 10-7A-1: Uses Permitted 10-7A-2: Special Uses 10-7A-3: Lot Area 10-7A-4: Yard Areas 10-7A-5: Lot Coverage 10-7A-6: Maximum Building Height 10-7A-7: Off-Street Parking and Loading 10-7A-1: USES PERMITTED: 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 classroom study. Credit union. City of Yorkville 10-7A-1 10-7A-1 Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Savings and loan association. Stenographic service. Stock broker. Telegraph office. Ticket office. Title company. Travel agency. Utility office. (Ord. 1973-56A, 3-28-74). City of Yorkville 10-7A-2 10-7A-7 10-7A-2: SPECIAL USES: Daycare centers. Planned developments. Solid waste disposal site. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-20, 8-10-1995) 10-7A-3: LOT AREA: No lot shall have an area less than twenty thousand (20,000) square feet. (Ord. 1973-56A, 3-28-1974) 10-7A-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), except where a side yard adjoins a street, the minimum width shall be increased to twenty feet (20'). C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-1974) 10-7A-5: LOT COVERAGE: Not more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974) 10-7A-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of thirty five feet (35') or three (3) stories. (Ord. 2003-24, 4-8-2003) 10-7A-7: OFF STREET PARKING AND LOADING: All in accordance with regulations set forth in chapter 11 of this title. (Ord. 1973-56A, 3-28-1974) September 2003 City of Yorkville � l SITE PLAN GRAPHIC SCALE y� FOR McHUGH PROFESSIONAL BUILDING �^ o ^ 1 meh-eo x VETERANS PARKWAY SITE LOCATION PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF ®^� THE THIRD PRINCIPAL MERIDIAN, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. f p C�'R�� AMJe9UR vc PARCEL NO.: 02-28-253-002 �� N' ' •' ` � � . " `A' + p6 AN WAGS AT cUR.t c ° TOLL FREE 1-800-892-0123 a w A, UN CORP. RE +g."4`-'° ry-iL- ✓�° te41' I SINGLE FAMILY RESIDENTIAL / „^ c*'�nD'a5 i/ ^ wx' CAD.48 HOURS BEFORE YOU DIG d aE d o N y e e '�.� w.rm uuwGlE (Two w NINdag day.) I 21.5 xev-xoAO Nom cY PW ° PPr. (VMBS) 114' NUUMI° n .fiEnN ^, 11 JULIE INC. ( vam uN"Or °._ 1 ^ w NOl6'OA VICINITY MAP /\ {IIr"Mnn e' m• b+ ;F '� ]'' ' o , smRU u Inc NOT TO MALE 1 a �L (MIIYMP W q aJ. frOrc Rf:fLAIEnI 2 m r/F�yl ` ,�^` ... E A.WAT 1tP� DPr016. 24 hourw a 13 ,\ tr) �'R�P f'{P't!N' I c�* E-aaR..6RN:4Ro 365 days a par 4 (qJ s •O U,/ �, \v°-`61 / 'ep ` d?4 n.� B-3 f 'r9� COMMERCIAL SITE DATA 1) 1-1/z•wRFACE MIX c,Nsa / rc` I a ,,, .1 a / y $ 4"F "HEARTLAND CENTER" 2 TO-BA E NCAL N50 5 P r1 � ° ^ C ii �C \ \ TOTAL SIZE AREA 38.]29 S.F. 3 t0'BASE, OE%,CRUSHED LIMESTONE `' 4 FABRIC AMOCO 41551 ^ LO LESS RIGHT-OF-WAY(MdNIW ROAD) 8.388 SF. 5 COMPACTED SUB-BASE ss�' „ �" R _ , o LEGAL DESCRIPTION: NET SITE AREA 30.981 S.F. 6 GURU BASE,CA-) /@' ^• __ ` wfut'9�\4-UT ^ a oy5\414 E)GSTING ZONING. UNICORP.RESIDENTIAL B-6.12 CURB AND GUTTER /QQ a .Q,� B) SANCUT.Full-OWED �' a mow' 1. '�o t �'G,&\x THAT PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 37 PROPOSED ZONING: 0(OFIME) 1 yy'N1° ga.(N q •y b NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN 9 E-1,N IX a..ENT-RESURFACE WON s Y - e�',r� DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY PROP BLOC S.F.: 7.125 S.F. 1-1/2•MIX C,N50 Nm TADf CEMT /O�'N,`\ 9Q�4�/ `6 d4p,Xb• °.� \s�R 4 \4 \ CORNER OF LOT 45 OF FOX RIVER GARDENS SUBDIVISION; PARKING flEWIRm: 1 SPACE PER 4100 PAY£IAENT WIDENING OETNL-Md1UGH ROAD / Q�L" 1�h"j _ 4a� .CO\or w ey 545444�\f THENCE NORTH 20 DEGREES, 10 MINUTES, 00 SECONDS EAST, 22 SPACES(NO_NOT a5 G,,,, E`,'d\ 4 / + •_ ,., (i�� R J/N Y ua.TO 41 1„UR' �`M1M ALONG THE WESTERLY LINE OF SAID SUBDIVISION, 1479.25 FEET PARKING FRONDED: 1`. 4 ,,p ^ `` --- \.``` p V sy� TO THE MOST NORTHERLY CORNER OF LOT 27 IN SAID (i SPACE PER 324 S.F.) /�Q d� Q7� �0° la?/ 0`' "" µl ° , ��e� "' SUBDIVISION; VENCE NORTH 72 DEGREES, 02 MINUTES, 51 TOTAL IMPERVOUS AREA TONS A Pmt) 14,123 S.F. J> a Gl. 4 ,F.�N� oy •• rxS�' ' ,y\ B6' \EmnX°m42 `^ 'WA'• \ " SECONDS WEST, ALONG THE SOUTHERLY LINE OF TURRA ROAD, 1 <° ° 4' d4' m°4,\+ �k - t ' Um o'°Ray:\ c 1p4 1360.96 FEET: THENCE SOUTH 49 DEGREES, 29 MINUTES, 08 d SECONDS WEST, 886.93 FEET; THENCE NORTH 40 DEGREES, 20 MINUTES, 48 SECONDS WEST, 505.41 FEET TO THE CENTERLNE OF MNiUGH ROAD. THENCE SOUTH 49 DEGREES, 20 MINUTES, SITE BENCHMARKS � % / ^E U oP� ? � \ �\ 00 SECONDS WEST, ALONG SAID CENTERUNE, 533.68 FEET: /« ,. r„a �aI4 a :^�C \ > 'P THENCE SOUTH 46 DEGREES, 22 MINUTES, 44 SECONDS WEST, BENCHMARKS PROVIDED By ROAKE AND ASSOCIATE$ING 'b� / I G , D ALONG SAID CENTERLINE, 116.93 FEET TO THE MOST NORTHERLY HEARTLAND OF YORKN SUBDIVISION-UNIT l 4p / 4� �o, qJ 4nr 8 W( \ \\ \ / swMevmuwwE CORNER NEWE BRANDY SUBOIVSION: THENCE SOUTH 43 N"'�W= DECREES, 22 MINUTES, 55 SECONDS 6VSL ALONG THE f / E-eY Y(NIB'PK NORTHEAS NOITNANE T FKAREi RMT ON ONE RYDRANT BEMIDI LIOD rs R)A. d a�; ?�A • °'•` cav c BAV `\aSS .v �y aa(s7asw THE MOST EASTERLY CORNER OF SAL DSSUBDI SUBDIVISION; THENCE ELCVancx=a4l.aa d/ ,¢�P DEGREES, 41 MINUTES, 58 SECONDS NEST, ALONG S.RFU ^ m ?p, `(/ / � Y /¢ aOJ 1 ° b� ,w.f _�\\\` 'K a -Eu4uuc Uu, THE SOUTHEASTERLY LINE OF SAID SUBDIVISION, 150.0 FEET FOR S.11.ST eaxsr awr ax FIRE xwRAxT AT INC SaumErsr ,5- �j �• ,5 4P'�b!/An\. reraRU uAw:uc THE POINT OF BEGINNING: THENCE SOUTH 59 DEGREES, 06 ccexm GF uaxucn AND FANUSTEw. O/ q r (yq' ?/ 9 - �c •d ,4yk�p, /� \(00 :� MINUTES, 43 SECONDS NEST, 190.47 FEET; (HENCE NORTH 43 ElsvAnw eu ex C`^ J - Rt444��"k DECREES, 22 MINUTES., O3 SECONDS WEST, 190.05 FEET TO THE ' ?/ �9✓r \� i \\\111 d \ � CENTERLINE OF MCHUGH ROAD: THENCE NORM 4fi DECREES, 05 ,({,. I 'ni / + �'* y� MINUTES, 18 SECONDS EAST, ALONG SAID CE14 ERUNE. 185.98 xsemWESrwemxcr ear w DRE xwRAxr AT THE xdtmEAST / 1^' B LD;,N 4� qy, FEET TO ME MOST WESTERLY CORNER OF SAID NELLIE BRANDT OXPXA a`4WIIGx AND FARU51Gn. J' lla3 .. ' '2 OY 4T° O I`� 4y Yy'+ •ARE Euv"R O Faun '�„ 125 S()-F7- ,a, +y3 PQ / F 4114 SUBOIVSION: THENCE SCUM 43 DEGREES, 22 MINUTES, 03 � e ?� N' 3 Q'. ` 4 FY '\ '•°°"°' / \an4 '1y q,\ q SECONDS EAST, ALONG SAID SOUTHWESTERLY LINE OF SAID mw AFNMRANK ED b F PUNCHED A \ a SUBDIVISI N. 23298 FEET TO ME POINT OF BEGINNING IN NORTH T NOINEr 9Mr OR FWE RwRANT AT THE NRRTRFASr ,/ •N'° * \ ' I O�IJJ a ,r BRISTOL TOWNSHIP, KENDALL COUNTY. ILLINOIS. aANNER OF FAWSTAD A D HEADLAND. \ •^FOUND PING FAD ,.k ! = f/ Qv .� Ifl611 PI O.J7 �.. s y, t y A+. x�\ I n.e ` /NppMEAT T'qy \ a., CONTAINING 0.903 ACRES, MORE OR LESS. DEV.nEN U1eO IRON ' N '�, ° NOTE: 4 •� 11. , p,,, \\\RRR \ MIL LEGAL DESCRIPTION TAKEN FROM A PLAT OF SURVEY BY M1 d\FLy 1, h _ q •�P'! Tt Y TOPOGRAPHIC D. YOUNG AND ASSOCIATES, INC., LAND SURVEIING - ,�3� ,�\ ::FsT T F � \ \rta:a TOPOGRAPHIC MAPPING DAIEO NOVEMBER 11, 1998, EL GEND �hSP�^t+xpy` '� � Wes'..aFi� � B"`�` C\ PRn4Rtt 9WXD.ARY wl ru \ `\ °,g �1O FrXS `1 OU°NOD •a y b Yw AOMMUC M.ARr uAw °� iPH' j PINCHi011�IAON oD w y PI (HOD\ \ 11- - �a `\� QJ v • RM1 y d ei REMO EwBnNG FETE �s NOTE: 'ANOFA ."„OL, ° >!+Dx \ �o'e P /k REPLACE MM 8'F 4 \& 1. INFORMATION SHOWN IS BASED ON PUBUC RECORDS RESIRTal., ° i 7° t / BOARD-ON-SOAR0 NM. AVAILABLE AND SHOULD BE CONSIDERED APPROXIMATE. --Gl- .- "IFNG N.laic nawwm /� « \°4 N'.' •:.sy" .4` - n f '� ( FYT w \ .,y'y 2. ME UNDERGROUND UTILITIES SHOWN HAYS BEEN LOCATED ENON.STOP.SNER EAAMPoTFx.nm ` J '4 0 -. o V / ,P .g'^ \r FROM EXISTING UTILITY DRAWINGS, MAPS AND RECORDS snrl -- rnsnxc s.xlr.Rr sEwm ONE roe wamS \y r g• �) r .SOH,,. 4.'S1` / \ \ SUPPLIED TO ME SURVEYOR. ME SURVEYOR HAS PHYSICALLY ---- w --- FN6TxcwArERUnw \ et , S)6iy �. ? ,:I, N111 FOUND NON PIPE 77 \ LOCATED MSIBLE SMUCMRES; HOWEVER HAS NOT PHYSICALLY o-wexA,navenm vi MA UNICORP. i /'t-I 0 4. j -" - .S RA NORTHEAST A \` LOCATED ME UNDERGROUND UNFS. EaI.G ORDEN....numlC SINGLE FAMILY RESIDENTIAL �„4 p \S(•/'M'� l - /r�t� 7- - \0.10'SoUMEAST \ r At _.. °.• ^... cwsmle RATIRT D NW. uW n'P AA. Sf4✓ t °'�M\✓ SOS .....^� °•_.- ENSrwc cAS sENV,cE VD' a).P.'� - „ / S \eD. \ . ---® --•' - " euswc n'DPnavE !q I \ STATE OF ILLINOIS) x4p REMfOR,]9 CgMF£LE PIK - a" %iOPGSEU CONTOUR ONE P,F PMMH'M1 PIH `? y/ \ \ 55 w pNOPOSFD wATBTUwx nc "M° 1¢' '`SINCLE FANALY2RESIDENTIAI\ COUNTY OF KATIE) A.m wRn /,M.., "HEARTL.hNp, UNIT 1° \ -)-Y pROPGGEO MN.sExm PN. EDGE m MNI:RETE FW ND IRON PIPE " ,(Ep' 0.W.NORTHEAST pP FOUND IRON PWE \ \ HEREBY CERTIFY THAT THIS PLAN WAS PREPARED UNDER MV DIRECT SUPERK}5LON. -f----.NI- BIDPo9w S.N9IA.r SEx6R uxE Eo FDm m DR. (HEl0 NW/SE) 0.17'NORTHEAST A \ FOR ME EXCLUSIVE USE OF THE CLIENT NOTED BELOW. - �,SCIIEFOa„ fFN[FLXE FP EIIGE Or PA£YENT \ \0.11' SOUTHEAST /; rIDW LINE /" f `....9190 •'t --u= PNGPGSED FFXCENNE D 9 y�`\ \ DA AT AURORA, IL IS UST DAY OF MARCH IN 2006. PreoPDSfD a',FENCE m TRADES - NT 1N.LINE / // ;y,A \ A. SCHDL{a iay..OF... r eee.oD � EMmxO mor sx0r n -M'°')M1 RICHARD R. SCH REt�//P.E. 2-039]20 EXP 11-JO-200] i 'GU•aa X e(0.m PRCMSED SPOT MADE m TOP OF PAIELENT \ /•-••••••C.. PROFESSIONAL DESIGN FIRM N0. 184-001327 EXP. 04-30-2007 NO. DATE I REVISION NO. GATE REVISION NO DATE REMSION NILE: STO:PLNN - ..,6, 1 _ - - DRAM BY: DWG.N4 41M 1 8-1-05 ORIGINAL SUBMITTAL 6 10-31-05 REVISED PER CLIENT COMMENTS - MdILA71fli0I�9giN.BlIDlU41G - .TKW 2 $-5-05 REVISED PER CUENT COMMENTS ] 3-1-06 REVISED BUILDING AND LOT LOCATION BMNLCI.TOWLS�,K1'NMI/.GDUNfY.BIdiDN F LEONARD WIFAS & ASSOCIATES CHECKED BY: SCALE: 3 8-12-05 REVISED PER cuENi COMMENTS OUaT' lT1CA(PAAm.Y1NflPpPARRIDt9� ulo ° RAS P-4d1T '--�( ? DATE: SHEET: 4 8-16-05 REVISED PER CLIENT COMMENTS 9ZIAOAMANUNACE a uxn aw IT» w.°r m '.)•115 1 OP 1 5 10-14-05 REVISED PER CLIENT COMMENTS PAM:as P U wm7mN•.A IT TRn°nd-mm NN,I/ey/MN FA aNg IWkT0.UI.11,11AWA69B818 (aaN n-a1m ra.Taw)m-waL e oe aA REMOVE TREEFOR RGNTLINfT NTIAL - e3 3 NSAL MMPROONFNCE � ANOMAREBESTEFF UTO s flv � 1,xd �` !• �IMI �' RETAIN MEE DO NOTNfL ON u a [ ROOTZONE -, c c` Q� - 53 INSTALL TREEPROTECTlON FENCE ANOMAREBF3TEFFORTTTO . r p RETAIN TREE OO NOT RU ON �� � �F tt �. cic •�' I Lo ROOTZONE t G ,.HEARTL KEY e r \ . 1+' _ N / si \\ ,/� � Q� t•- •,\u ey EXISTING TREES a w !gy EXISTING TREES TO REMOVE „p 0 Q 6 n \ M 0+ 0 + TREE PROTECTION FENCE(SEE DETAIL) a e � t FOUN PINCHT 0 Z IjiON y e ,ph ^ , b• y� 1"'I :NORTiEA T Z f f' IfX PNO Ffl E J '' � � � ;F.e. �.�� •�,� 0�9� $� � rd's- � �� p V PINCHTO -1( ELD), s. n2 _ \ � !° �t✓� RER&E EXISTING FENCE REPLACE PATH 6' BOARD-ON-BOARD FENCE D y �eL ah PROPOSEDBERM/NOBT ` TREE PRESERVATION REQUIREMENTS DO c j - �TOU IRON PIPE -: ORO/NANCE 1016 N THEAST & NOT APPLY. SUBJECT PROPERTY IS 0.756 r wmnn s• 'rc - 0.10' SOU AST . w 'may 9oe ACRES IN SIZE, 4.244 ACRES LESS THAN : INSTALL TREFPROTKRON FENCf THE 5 ACRE MIN. REQUIREMENT. ; a _ D- �o¢rm AWTATE.DO NOT ORTSTO RETAINT2fE DO FILL ON [., �, w z ' = FAMILY c W �� roman 4lrl�i¢ _�. - ROOTZONE O lFlx(uV���Itta `` FAMILY RESIDENTIAL o s ra rs ��A o � �_ �� A"STC91"` NO IRON PIPE � I;,, "HEARTLAND, UNIT 1” C9 NORTHEAST FOUND IRON PIPE i sarc.p=ra V (� _ NW/SE) 0.17' NORTHEAST & 5 `.0.11' SOUTHEAST PIL P lVQ 1S III FI.VO[A.MCIML �! ` 116 NA'CVL Q MVQQxI r TREE PROTECTION DETAIL _ PRESERVATION PLAN w J O KEY SHADE TREE(OWRSTORY) 2F % 1 01 ell INTERMEDIATE TREE(UNDERSTORY) 'Ili %ago 00 DECID./EVERGREEN SHRUBS % PERENNIALS I GRWNDOOVERS PLANTING LIST- BY TYPE W SIM M2W*Npl C... IVI - ........... ...... 24 w uw. 4w mwml L.ader a Iq ql, ------- xm feel MRI Q1 so cu, N CL FOVN W IRON P FOUND Pil IRON PI NORTH[ NORTHEAST U) CID 4, SOL PJPE ELD PINCHTC I 0 1 VE EASTING F E)4CE 846 & REPLACE WTH 6' BOARD-ON-BOARD FE 4r� NO WSCAW INICORP. FO NO IRON PIPE -2 I-Y RESIDENTIAL 0.1 NORTHEAST & �DRNVGRAO COR�ls 0.10 SOUTHEAST In ROAt ME 79 ARCHITSCTURM o pzAmJ 0) R-2 rn IT SINGLE FAMILY RESIDENTIAL ❑ FOUND IRON PIPE "HEARTLAND, UNIT 1" 2JUNIAM 0.09' NORTHEAST FOUND IRON PIPE 6GRCLCS�C Q- z•(HELD NW/SE) 0.17' NORTHEAST & Lj 0.11' SOUTHEAST 7' 2 REUBUD A 4 0 W. PRELIMINARY LANDSCAPE PLAN GF.I PRELIMINARY SIGN LANDSCAPE PLAN PNIf 1-BEKY.sL Ial Mupprlox E.*-�••��-••--- x.°..Fe(xP[ppupnl TM[.aN M\Wa.M la Mt..IN IS,I,•rigFp.M SpnwrlYp nll Mtnbl•. b avant[III if• in A%te�»byr`���ov„tN Fla- Rene tM+are alt 1.MI WM toes°M•wrpeen 4e«GUT Fan i (T feet F Way,yC puy,mnt all IaMr w[esso.Y<^ ae^ tM i.OAAM m,wn less tMn Poe eM[.�tMlf a 1/21 MMS F atmtT atoll M.1.AM aloe Posts v F eroWr M\1W alvove by tM a•we. co-M•rM he•,+M Port L Uq AM FI1-pant M1WT.11.!M sal Imo ao-'g Y\0°IIb,ell d.iSMI%eMS ell CwGMr'Own PA-1.%cote wY H a m tv aq M gecee Su-•yn .1 YMn•of ten✓alto.f»M 1..°M Mepetl» d A Q ylant w`ci i'aw 1.�a ' s e nee.»N atY Ye Ioo-•molar<e MFp pentetl w pecN:•stwap. [toil tab'=Are I We�t YWI b<Mol"ui [-t t`tlx oeta a aft ± ebr » x• op.FFF'oce ell prfvn atlw Mlbn\al Um• Y Set" W'1• I Creole W11�N•Pt Met ell YwF•oYatY[�fl b bolt vac t1v ton 1M ercnor ante yoll PbeU of eq 1101 MM• • 4 x,,;.d, a.p t M<e" [uyl tM per Arts Pedal ell ragoi am le w e r••n IeUVMtl wrP°^a<pG a IM o t I,.. tlyy atoll b• mN tl,oMS'M wet. M 4T Nwl b tally atuc A FcY.wt M.bast atvoq Wye trl.pMlip F AMY w[t Orup non[ •a1N-Gehl aU a paWe pry ai Bdr.. SmGN•M.rN pat4n ai Me ct �����lllll /// 1a2txal[PVLS pec•e ereM ell blrem •ao ca•W euv coverN •IU Ue ••MII b.A. I e tyw W Ippw°pwov by tM 4 LW nu v my nYp aQ Z. 3 Lente Mr 11 b Mot W m 6'ecGe CY!M 0.rA F F_ ,AAA Molt, I Cm B,e•n pee\ trot Yw Mat by mote T•G« • 'w sI• n g wevmt =1. Y Wt�b stomp gtMl`'M.[role wbt amepe a SMM tr Uu,'..(A MM•F c°Ipr-1 wrPM•n 1-1'.\Mn ed.r •e a cosA t•!M•v f q[an\Yp Ynll m! • •Poly^•xHr Wd^0»a N F e t y.-M n .d•�to !•rhl pecetl eruM A. fv F Mp,t rpl,v 1..(el Poste w gocN 1Mt a b\••m MI b' s Igu 11 ac ono-a1MIMe.\Mr c GF taxk aua•te v MrnM 1 sent BM•\h rpsN M bGTn tlw Mlla ao AMY u,, taY-- b ."It,.ill LLg•Ffc aTnA a 4 t t as pwll b vYfo-n n cdm ell✓.tale.Irn irm Ii...I roots.•M.•Mar r tav-Ort l,1 n enuo 6 51aM trees beat ere iMes(]I Mvs F ebn•Gr W pry•roller Yon fwr ell ton[Poi was am rocN.•leis cloy.dotl•.CMi[ar any etM AWate••ce ov»all(1)N•tl•F eaMM ¢1-ape to pent 0•o•U 1p[M Mlnb Np•ct•e bY�Uen•'Mt•ItMr 1M er«to b�q-1N a1w11 b IM-to IN oM Pip b r ou"a"'overt f KM[F Q, aN s bee•Yea eH 61-I-A"an Tt a' C. +Fe• ce o h y a MlMretl all 1 till e e 0••ar o-,e b G wN ni,•s a b p oba•M b +1rMle th'ee 131 psis w M.S.a°cp tNt iNy rt eNaahnt a� Tar<o use. r Iago-bf .M d[w4a<i T.I rl�ir•Omer.ton li-U ntll ww OAM` pwp AnAV« Y4 -: 8 S.a,y- ta.Y m.en .v..- me•. c SM>o- evT b-a -top d Ire)MMI.F aIMGr, 4vs Me,Mth,M.,.1\ Wyet b 11 Wye to;Neeo-D prys cwp•t poi q 1.0•[la.us aunt••toll b.`A.tl Nah a ndt-a At.pl Port•bell.Nnetl 4 r. ..gtivWaN ..� MII • •A to<M rT v4 J.•et all•• ' �1a�"a'RV Ntn m <n Port vicuNe[va Pout m a br rd wvetYn of Ren!Wl.• Iwe Mpr AA,-.a�oaaMY L.(6>G eYNnt(nl I pMw yaN levm Imo d' U.o-INt MI %1 Mont nq atoll b vTMel aMMt�M<tw ytpuq,[tirMaa all 1 Mt IrW•br Frn 1�tl•0h/3)tM WSPt OF M Ee Nto-neen pail.WII b MdAletl S q e.1-.°I.Me 131 Port°1M. aa^<File•Pwit M 0.p F r SMt ill w •s erSnwn rM Met.oI cw [ Yx 4v MII b Y'plrnxR"MV 0 m va n[vlsv (11 wr rveNOOn cwpert w. a1 M IM•WII v F a I--ir`ui[aMU•mr,�iw Gwa*. rfaiN T a e n e Mw o e type W le•gq .•e b tN n••vr. Toe mmr eM of WS t•W.Ym a} aSevll a vm aA Mttatl i <. o•ill•p,bwn!axe .M Wys WU b.tt--.n call. p.cllhe MreF •Y Set t vAt AI MA A b' _CI 3x11.1 If I'lluzO sol Y pTWNttN N+M MdIT Nx A.A.u eue.,b,Y«tN by to d0<M pent be c w at bOlaY Sol MM•Fb<M P�'e et e.f,.V.MIS ol-11 l U\M IM of I.am .mm m eve �J \Fe o•mr a iN m pane p,gees,iN NpU of.-Aa n•el b muo-N et\N[p\T a<M Iwla M1 1-tip oel1 l uu n b p aQN•Nb•- 7,l yoW a.`.M Meat abred\NµY v 1p a Mw °(°tl A' V <,awNCwT all wr•Mel aanG WII v q°nW ell b'hinea:tpsp fceA n.GNel eawvatM frw lM Fdp•MII b,.IUM Sow ti alt all Ipall e G ITT. -MUM h by �-Iva- n now'M[eo w[ u: n tl NU 1/3 moat Mss all 1/]-A"Aw-Malt Z, ifatl vd Y ebv ml m m Fy --all b Mrufac+wn'a Nibuctkna arq runbel.d Tecgc.c a E,`w"icawtlm 10-creed M aawtTt but raatY`1G•�W11 b at Itlwt<p 10 a MI WY'lull•ball b n.bull NU AO p*..i•ge safety tope. I umm Oo.Pw�•q s e e�mr Pool m w n m m >IF �� M+B,vet»Ywx Ya emote of Y MII o-spwtl IF nets,all.t Iwat At Q L.M.ill 111.eI Itu emb.< II tree•dl,•dean.•pY sacs•tlw1Y.»err M Ipay ynly p pI RyIE Wnl qy w'E ,p/, <bl Mlle begr iMn Ya cwt MII,Solve.lerpr File slid Is r•PF•p 6 IM I1,Ir•y F}avp Mcpv of q[pT bacFp tM Bmrr•.1 MJect-0.J ®� } p5 W[M°p comet•MII b&Mi by a[ti•Ierchl •AM tlait Met tM Poona w•p«ft.tbu. r bees.W{MY WII v regecee by IM omiro[b e\N•am a m- Z 1 S uoo-ts of.F\k1r T3.w ai tM 3GMere]pUflceWls'.NaMnwl[opost t1 � jE yl wall Mvs ben..ad Imo A MWrn of Me[rp oI rve+oans°M be•ell co-poe W, b Eac.wpn fo-Mub•ell rvwW[even Mlr[fT ahW ell pdMCa+T•MII 1 rM Mt jo stole b rMOwe Fan 1M .. °M Iey11I aspose. oI by ill a Q U an°Waturt ai IS-T'1 t°pSnl. M 4.p•INF M sGMSe MW Of Ya%°ntbp be ill F Twl of aeMbp all [wtre[.T Just Tb to iMl e[[pGrce°M at M a0.atbml colt G SM w W b el5yagtrnN an tM avx ]1a<Yp[Fell b M°swN hw Gr G cmbr lid r a+rF It G [epee b¢teq»ee. S@ x.IRrF V:[ i v role v a oleo•mp naaotaw v per' a6 1. 141cn natarbl WII[colt or toddled try MrN AM able b•m-tatr to e.LvWS°M rnae9cw»5 MM•Mrcr Sall MBF MWI.....IT SM genYq I.too.eM WII cmLLw m NaYmc q O O 6 y\olbn It WII cenal•t of eltMr MxN Mrwevtl yoW w pM.lee. IIntY y,,.yyGl IT w IY y.er-G IMI Fawctlon W.C[wGM[ [e npYSwnt�Ix a n[Im l.m n au5o ao-A Gpare•.n I[pef Nv lom pwp ( Iwr;Set oI tM WeWre u1i,WII'M..Sept.een w.<I)all ANT(]) YUTIw G apb p Fills I>sh16a all palnKorT Sole.YK zp. Toler[•re snip IN MFtFaM•pecN•MII b[anstlsrN MpenGl y M epUl tM nMYFp intY(f0)pTCmt WII b 1«a IMF me(1)Mn F w'ece o genGl Sall b Ntlw W G a ep\F ti Mt Ip•\ton a\of\M[onbvct oM WII b[erf»top NYi,Me 15)MYa ldlo•ip ma°mop A Few n e n qaa[A C 3 I•ryth rM MxWn Natn Af tM pertkle••MII w!exc«a w.M eve-Mlf(1 aYMMSy(p eWNMnt.=Aril br tH= e,1f tM sallow IaaaMOU ell mnfk°!bn by Yr 0•nrr. I/El MMa Ntlm6 Wpth°i mI[n WII b Ian U)MMS cnYn<G0. r M1T1F Npl.c1oN.Te[s.wNS.ell atarwc all 1YM1�U•'l.awr coca Wn b F°.•ro-Fal[motto ma+°gmiNp arN Na.[fro xaF+Ta,K.of M.aan4p5 well C.-ast°I.•eac••Gdw.MI<Mp,+wwa �X, SFHRft��A1 P-VdWX 1k OR B&B �x1 CONIFEROUS TREE DETAIL cFxJUm aa,Iwlip o-a<e.,rtalttFp a-ts vapor TN.m IoMnt wtlam,r.peF ti P VMr•.oval..Po•'FMA asMa WII b Mupvetre•It.SM la.., •FI--11.o-°<Mr A-b pan.mcra..ly to Ai IM MIw°M L3 Ier.-WII Fall W reNFewnt°/Mtica 311.1 or 4a SGrtbrp ale,tla cMaru, 'Moll NYVate toe MY•n of I2 MMa tlxp,ell A.sM es a. •.[+oY Aboal-M•a ".. Ke[IIt dqs. eM AW,.wcotal at iv-..LM-Sole,Speckle NreF •FAKuW MI.F Wer ea.t4n 2M-0 SM Nxturaa N.T.S. L3 C Q N.T.S. ;. vat»Fg MV\Iwl.°ter. ban b PTf»wa at Ip.t rote mFF.vTr awiv q <w a . non..r. awrer. .pa ..tole.Nnw.Wn b a<I...<w ni fwt wet•I F imp,tlan lMl (T)My[WFB nrt rolM[ai Ihr aHor ou"'. rM wNNe rw pt»Yp J (-Pw of W -dead.r ue-11 eM.\ vet m(e'1 eeper van the,mo<M I little tM MYtr(301 Me Mr•wn<••.1 H btTM•.e by IM 0•Mr. .1 IF Rope ar iN-to. e.craWe nalstv'.cbptsns°1..tN.1-1 blot em T ou of tM p g Ml I...1.n0Y p«egewe o-aac MGT IS rnt m.n iwal wGrig cyc t or a[M.a tH cm-." Wu ovm-MYa bodes Fall it v exhn'e°A,A. Made[°Mtbn, o lens e.Wsp�w m tM. .ems �ba...,car}TM M•.oI aU pent rdMVN N wY•eY R.T••tM rvY[penMltY fo-m[etLLfe[tmy aunts 0.v b Yb N s Mfrs atoll b aepe,ell tM.tree AMC i\N lid•WII bee Iww.Ifbde t of apym•tsl•.[slip I x./rn w.whl [ \Fn IM MII WIt-1 In w.°r.We'q.tI--m W Mttm.f tM ql - t " 2 V••ary VTM.M Weaa poatn WII b + mop hm mete tla eertMn VMpap mtT u Imo W. ..WII b Aloft pub-o1 0 pour lour\r•.tN 1M Me dblu r IS,bale stole b$tl[r,Yw she of ill cwt MII orq at leaf --°1.I Scale ell frw tM ere att..tN'bab,'ae tM MbN uP a1Myw as rvnM11Y Mlaiactvee Icn y oTV'orw%vv b'Me1wX Yon W-At MII. En-I.•d mtTbla FAI b,xN F tM want vas TM•.sayp WU b wnlmye At levt rote a Ml-abI a1 MY af0q fMF t9T 1l m T FQ I eNq. 'Job.,bell of A tldtle tNdraas of Ai all soveNp°i bdf.l v »Mtn, ill•••eiq THaWr and b bMrMxe by TM �IoV � 9 ° r...$by Us a m'°ef Mw°^sNa'tY fe' M p a S mwtlsfnc%Ir%ro<a eve%`ilps• t .T'v'ee'a.y 0 Po'Im�P"^w,. Ie 'at L h"VI.MII b TperN as sm.fw iH•w1V[3xt pant M\»kl. IM M[aOV'S PV S,pol "1l p Po.e o°�atbpn MJelly FA.I-WII.of iN IZ paw o4.1Rt .A-... bS. m V}a FAA ov v.murlp S. �I.l• 'L q••• m v.1-..N m o- T F abKS�IN call nl tope al m onep,wIW snrTrpa pM p'unpcwan'MI cmfbn to abo"W'bid AM SI S.MI-tea eata a ,rot SWlege IS,beau[ p p•aRFavee sMlt b VBe11Y. Rp0 Ue p•rl�enl N.«pXerofianurylTa yn Stall(.I,EW.IY.GSt..ulai Oy aewsN«, C }MI aenb WII b pecN F•pale ponikn all•et at tM TM bpU e.Wy nm 1 -,t-.. PI n..,..reel pr..F Y..•n•»r Iwo-I+.P.rN MaNiil.MU b ae<N aMlm w NInFn m�eReo�i vi[�'OV O_ yten TAMiq w.alnm0 Sall°canon,va b.IIISIp°P•r.\Im A <• N IMd ASIA Y W111,°rryfenGHwmaaM u;T ntTOmeml Is ae.Mtl Uw_r w M aIY oY wrllrin my sal, lwd1 IIt I Re T.cttal•AM U .I t •.t o1 4Ta •NW..rp wNCawr Nq°wU.oe cpprovee ry t be in ill ale( tara0• M of tN wary epply'ag tM ui 1. A. Wtuwlpl e P bxbe a Rmr fe„vea to •bwYikatlm wls • Ilewr WII dew Yn MtlIIL Ms WII nape.) ry,t q°e ro-. Pow H W Meetvn to [°coca e ut"`. 11 t`° • r d'io nfpect p`n\n.teN011 us\nu Y.tM torte tM MMIQI W b io-Me anFp\M swim 4Y Ip getntbp /.IMrvY ®v plx.nA :w+t..pi.• A v.n.r arA Meets a°a•s TM -'ilea Ttu«.. .. a .S.r.p..asYm.I M[Nnl ga<pG _ eeaww .ppaemlp[AA,soa M--w-mpa"'��°b p'1 •U wmroSMI oulact%Pots poll,pan lMllvTr to tya At@, a notchp MW1...,NIF F'Alueo ielNarpt�bo Soso a.�ibp'p'atn:paMnFOb at iN . IIIPIwyvr�q TyeS wA eu®a•splw[<rpup �.�A,AAA- Q A�ol OF SerWl m Poch W filAbOaa e SMlwrot M C-I o ogf.av« ( j Nwlt p"•,M v IF It a ec[rpt- m M rot M pmt-1-AM y F. am weld c w R7�- a I q !CN wv x®feCa '^MeltFr.M1wip cwd4on a•TevYYp F STtMn]Ba IRut.Me S M°Ip0 Rwtn MtT\M ob u n pecN F+v IMe.all CPai ell � per.n V/M pent Mad%,Mtwp cMptui aGp,Mein[ever Mtn YY sea.W p pr frm IH In.l°lie pecN bxw TM. - - ROUNDCOVER I PERENNIAL DETAIL,I...I I.-Nq- -t m Fgp.tM Imo punt aT.p.ell bo-t Fl..mtbn b•C-Aa.Yfanl%onto Fkr 1.plavp SM pool in Ya Fd..the c, rtO-.ton MrtwkM •YIrN by 1°.to eM..Tpi.AMU attbyq Polo M rnpr.e nU[oral w°.Ml oo e•\Ia0 SM MU ar W oat[wtaFa SM Mot v TSnFpt e m err Ylkale 5Mn M feed.IU ue Bvner. alto TN'F3 tM 1.ntro y� An,mole•MU b GI-M<+.e..t,lal �sdlasy o eW wt Of alts a bo» t bat•el b[npep F me puYp h pact PAST III-E6LUTIM >•Sort Slot Malawi Tv rwG.MII b ca-F y.Tee F a noPaol wtlabn°M 301 PEWI M W VM Tbli MdAI Wal b•wMp F°Wb tN forts w p pal I NavNp11Y Yal' puled to•Loot'a p«b a T•.Met WII b pnllY-1Te a Iwerve\o a..AN �1 °aav cmUC\a qw rp\[fete Y1• 6pIm 111 Wall TUaO noysaW alp uae.urmlloap nrm L.ASSMIS T leyauw oit•mM F\M 11X1 Fu.tM G•Y[ew v w A b[Ww aT Sall be C-Ao-tN Twd N[F l Aeial plot\e tM .pTawi rlM�alF gal, Np en slat«a M. Y.Iacnm a�YY 0.mm. b e Ip.Ga m.aaM noGN.ls as alb•,,,[mq.G Mv1 a.of.nG.as.e«xYa , "°_ �Xl DECIDUOUS TREE DETAIL(ALL SOILS) ra all a.c. I� 1 � ma1 ml p TwYm..tlpYp rdbd y,. u H rn w.peen.Me.all T..Mm FJn WS Depots OF Ani 2A.4^ L3 LL .M II.W M•. of .- a W ..'al-A. Al..,p.m.-• Soda-.t.t SM tnAli i-A at d n N na°I ..u,.Ae.n.. L EI, N.T.S. %ontq TR.Poch WII v mai hm Y••IiY lM b an v.efna Ln•aeMY ofYr o�eMFp�pmts 11 b rM[Me F 1. °I•wtlrke rvl[M1 WY ry un gonC umMr File coMdm[.Is Mt tlw'eli.-bat trot �wa ty cw•r r w a.««to a bptn°I Imo(1)MH••Ml, a.Er»Tp%ante Sa�N. ton tM Mont Is F p be F Tk F bcWFp IS Ivs tMn Ya(b)Ialt m F ,9pf yE'G f 0•MII brNa\r m Jua 1. m • was rrrtN m tM Pero.M n ball N 1NCMtl<a.baU of .aww� fun MI MM5 Mtn tM-1e 1 RwclMa rM molt ball b pimFtl\h»[T y g n { b.S....aMn be Me...,S,,,tM•T.+p gwab a-.- f-+bMyW tM4gr(Iwft1%nt•p Ue Na. VMn•McueO onpc�v,y 3.. II��p-- Q fall%.n<aq ld••ono WII b wrfo'wtl Irm tH tM tM pent MceM• ` ° r Y •^s u'•H. a,p„Sdp s ep rrA i -� ammnt mG SM=[°met b [fectwVy•wyN ettept Wt Terp.p MI McNq WIl b Npt F a p'Yaw Af Y Ira W✓alto o1 dl b»a.M sIMS RM fENLE {� •r�•a.Iiirw PmtN lae be d tool....Spte,Mr . S lam+.n of peon[. II Ma.1 m tN 1.-o-�ree 0 f-out a1--genliy.tel[-tract-boll IppSSY� 1 yr m m Fonts Mall MI w u,-G"S cfn\MCiT Is Poe%to bonspmt tMn irm bMF ASSAY tneMaWa[N mob-hsb[mt F act..MN tM Mrvia<tver'• LFIp i�7 d WOYgI locatbns bG o1.pN w oprol..,li Tv Mean tee IeT • Ko M MY.rMCWn a ill amore .paMMe•Met b eMw m r. b .1u-qp(/p°M vap TpMlr loupe°5 wNfha.bon eppanl G+M all I- p . yYe M eve Yon a Mr.Af Gr appy TM Me y ba a aggq Wte of<ro.wN x bFS weoa F epwa..e.tu'oy WU Mian(A,Mra rw a-MMAi.f Ana-M.akwG Mat b[-e. -d Ftlf•nG1 a W<-4wl tonal w buaAppu pool.AM me(I)a°Y Im Mp Pool p°ntL TMY.11 b aq IpTE,,Fbba.K-G„ust b.RYYp G Yy p.M•tlwla\M a.mm.pprov wr C •I\F core,uvoHrp iysY 4-,,:p.n4 o-lose oI ooMpe of\M-1,wllkWer Ylf" wY w At\ma°n bNq elver.G motto I_Aayi °fur a00Yq,Iwts Wu b reR+.t fy n.GnAIM Hr^M MI....we[iNa F 101.Sow.. L°et o1 tM b _ 'R V: E e°i.;e.•o<B.e::eF[Tµn 3;ti.M vIT:Fp. 9or.rm:Prot net M sap aMr.ton en0'-ase[wt Ap%ialbn oat b Mdentol G n.[m\wal tr d L._vicedm W. O LL anal.OF rob-..Y eft,gwGlle�twl.or aY w mows 4Ta Ire Mn aewur I per 6 11•_E" M'vE w i �• �Qn ~ a L. J TN[-hA[tor I Ffmm+lie 0•ner pyyyy blow o%ep.Fy exlv,�op pant X11 N eMea•awed t exTW U to I/[I o Imo p'MaMh(alter TWp) 4, ip L.A. SnrrL� �rn a T +4 J 1wn.c Ewer w.ml wu b ac a .n r . May ae.°. •pep T At bA. a f asamue f f as R ale ale:IMaub WY aI IM Invoke bwl b awn to tM wr dodo oeUIRIY W C oP t .aril m 4L L�pa,Ylmi.3d p•r.on•1.•lyrercN i•Wt twat T.cYw•ell 11v4 S F1 [ C_ O J o1M rovY.p PnNrvp WIFI ba Wr ...of SM Sonar ••-etpNl i[Rw•• T Wmpntw w<G<l ua c<T aMU.. eH a Trent FJJu*M :W1 eF te T.-- trop proWtl+Mill a m-gaol w 1 Y � rep AYa a then tL 1`p-an4OAr W Y+e i'arow`Tr saTape I-. e I ill-I.,Pont• MpletN w t{yq pfac.anp°.MIMO•• Q rM n•tlrf M t-ue,Af •.1Fp.M p•I-I.a Af U b - Z V O '-111-11 Perll.r°pF�.1 bil.rblb SnoWJ Ya I-to b tr:d..I.,borOK. .MII�Me.1..11 of+h= MI w e ItI SNap toils be I H baN.n w Iw.•we,w Acc [ n tH H.A M.tkulw.l Ta r ma-,., tre AIJ o-e.. vMn a I-Mc.m r.}ciN.pp T cmlrpt r Fell at mc.r•mw II II-tH are e1 tM.or4 all repot•It 1 TM.N OF MI ban..M MMWxN..tb•11/A w Solon brnctvall.1:o-'n`M Ale a cleen wR•waxy-tl IM I, YYr%Nn-t..1 Iamm Tepp W11 b»FO.e PRELIMINARY DUMPSTER DETAIL �X1 6'HIGH WOOD FENCE DETAIL CO�Mpp..a-PrWIp WIt Mt b 11-1,.-.a be rpwe Nea- .p.m 4AroM..AM A.a..[a.e by iH p.n.r. L9 N.T.s. L3 N.T.S.WII cut Soto b IR o1 Nil 53eW5 Yet T w T°Mq w b Mt sock»raaalr WII b YvKe F tiv alto Mmm o.arctlws Wb 11rN. 6[vs,y,m. Ewyaam iMU rot br Taed ex[p1 to-tranm b•nzMc Esc �a STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) I RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR VILLAS AT THE PRESERVE WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Villas at the Preserve Subdivision; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Villas at the Preserve Subdivision is approved subject to staff comments, staff review, and legal review and all appropriate City officials are hereby authorized to execute same. 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 PSG I STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No.2006- ORDINANCE AMENDING CITY CODE TITLE 6–TRAFFIC, SECTION 6-2-6 REPEALING THE PROHIBITION OF OVERNIGHT PARKING Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code, Title 6—Traffic, Section 6-2-6 (enacted by Ordinance 2005- 095)regarding Overnight Parking, and specifically to repeal the provisions on vehicular overnight parking contained in paragraphs A, B, C and D of Section 6-2-6, and Whereas attached hereto as Exhibit"A"is the text of the current Section 6-2-6 indicating the deletion(by crossing out) of paragraphs A, B, C and D of Section 6-2-6, and Whereas attached hereto as Exhibit"B" is Section 6-2-6 after the deletions of paragraphs A,B, C and D and furthermore after relettering prior the paragraphs E and F as paragraphs A and B.+ 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 Section 6-2-6 (which was enacted by Ordinance 2005 -- 095) of the City Code of the United City of Yorkville is hereby amended by deleting paragraphs A, B, C and D thereof, and relettering paragraphs E and F as paragraphs A and B. The resulting text of Section 6-2-6, after this amendment,is shown on the attached Exhibit`B"which is hereby declared to be Section 6-2-6 of Title 6—Traffic of the City Code of the United city of Yorkville. 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" TITLE 6—TRAFFIC,CHAPTER 2, PARKING REGULATIONS NEW SECTION 6-2-6 RESTRICTIONS ON OVERNIGHT PARKING AND COMMERCIAL VEHICLE PARKING ecessary to avoid conflict with other traffic or in compliance with the directions of a p ice officer or traffic-control device at anytime between the hours of 1:00 a.m. and 6:0 m. on a street of the City of Yorkville, except that this prohibition shall not a y to any eet that has no curb. B. Tempor Exemption from Overnight Parking Restriction: A resident ay request a temporary exe tion for vehicles owned by them or a guest at their resid ce. This request must be m e by calling the police department at its non ewer ncy number [630-553-4343]. WE making the request,the resident must provi the resident address,the vehicle's li nse plate number and state, and the /model/color of the vehicle. The resident must so provide the date(s) for which exemption is requested. Exemptions shall be limited t three consecutive nights per uest and limited to ten requests per calendar year. C. Standing exemption dates; Know that sever times per year involve travel to the United City of Yorkville, and guests for a resi is of the City, the Prohibition set forth in Paragraph A, above, shall not apply to th owing times (mornings 1:00 am to 6:OOam • Memorial Day W ekend,mo s of Sat., Sun., Mon., • Labor Day W end, mornings o t., Sun., Mon., • Thanksgiv' Weekend,mornings o ursday—Mon., • Momin of December 22,through Jan 2 D. Opt out of Prohibiti (Cul de sac, only): The City Council ma consider granting a petition to opt out of e prohibition contained in Paragraph A, from property owners of a cul de sac up the following events: 1. mittal of a petition identifying the street name of the cul de sac, d all street ad sses fronting on the cul de sac, Parcel Index Numbers (PIN's) for all s eet address , and the desire to opt out. 2. One Hundred Percent(100%) agreement among the property owners as videnced by signatures from the owners of all of the properties fronting on the cul de sac the list of op a de sacs. The opt out shall have a duration o sand will expire automatically unless rt 1 b the ocess set forth herein. Within the last six months prior to ex ' e 2 out period,the Police Departme i all property owners on an opted out cu e e expiration 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 Vehicle Code shall be parked for a period longer than one (1)hour on any public street in a residential district, except where making a delivery or rendering a service at such premises. F. Fine: $25 per violation. Exhibit`B" TITLE 6—TRAFFIC, CHAPTER 2,PARKING REGULATIONS SECTION 6-2-6 RESTRICTIONS ON OVERNIGHT PARKING AND COMMERCIAL VEHICLE PARKING A. 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 Vehicle Code shall be parked for a period longer than one(1)hour on any public street in a residential district, except where making a delivery or rendering a service at such premises. B. Fine: $25 per violation. I it I