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City Council packet 2006 11-28-06 United City of Yorkville 800 Game Farm Road EST. , 1836 Yorkville, Illinois 60560 -` Telephone: 630-553-4350 O� V ,� Fax: 630-553-7575 <4E V AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS Immediately Following Committee of the Whole Special Meeting Revised 11/27/06 Tuesday,November 28, 2006 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meetine: Ad-hoc: Technology Committee Committee of the Whole To be Announced 7:00 p.m., Tuesday, December 19, 2006 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, December 19, 2006 City Hall Conference Room Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, December 5, 2006 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, December 5, 2006 City Hall Conference Room Presentations: 1. Proclamation and Presentation of Medal of Recognition to Identa Austin, Recipient of a 2006 Studs Terkel Humanities Service Award 2. Certificate of Appreciation to Heather Fiala 3. Certificate of Appreciation to Tammy Smock 4. Swearing-in of Officer Shirley Kubicz City Council Meeting Agenda November 28, 2006 Page 2 Public Hearings: 1. PC 2006-76 Dr. Anthony Milazzo,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County, A-1 Agricultural District to United City of Yorkville B-3 Service Business District and for hearing as to the annexation agreement of Petitioner. The real property consists of approximately 2 acres located at 10701 Route 71,Yorkville,Kendall County, Illinois. 2. 2006 Tax Levy Citizen Comments: Consent Agenda: Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—November 14,2006 Minutes of Special City Council—September 27,2006 Minutes of Committee of the Whole—August 1, 2006 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 997,227.84 (vendors) $ 212,257.23 (payroll period ending 11/11/06) $ 1,209,485.07 (total) Reports: Mayor's Report: 1. ADM 2006-82 Ordinance Proposing the Establishment of Special Service Area Number 2006-114 (Silver Fox) and Providing for other Procedures in Connection Therewith 2. ADM 2006-83 Ordinance Proposing the Establishment of Special Service Area Number 2006-115 (Evergreen Farm Estates) and Providing for other Procedures in Connection Therewith 3. ADM 2006-84 Ordinance Proposing the Establishment of Special Service Area Number 2006-116 (Aspen Ridge) and Providing for other Procedures in Connection Therewith 4. ADM 2006-85 Ordinance Proposing the Establishment of Special Service Area Number 2006-117 (Chally Farm) and Providing for other Procedures in Connection Therewith 5. ADM 2006-86 Ordinance Proposing the Establishment of Special Service Area Number 2006-118 (Yorkwood Estates) and Providing for other Procedures in Connection Therewith 6. ADM 2006-81 Tax Levy 7. PKBD 2006-11 Whispering Meadows Park Playground Equipment Purchase City Council Meeting Agenda November 28, 2006 Page 3 Reports (con't): City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Manager: Community&Liaison Report: Committee Reports: Public Works Committee Report: 1. PW 2006-187 In-Town Road Program Phase 2—Funding 2. PW 2006-188 Southwest Transportation Improvements—Contract F.7 (Fox Road) 3. PW 2006-189 Public Works Office Expansion 4. PW 2006-190 Water Department Report for August 2006 5. PW 2006-191 Water Department Report for September 2006 6. PW 2006-192 Water Department Report for October 2006 7. PW 2006-193 Grande Reserve Units 2 &5—Letter of Credit Expiration 8. PW 2006-194 Grande Reserve Units 12 & 13 —Letter of Credit Expiration 9. PW 2006-195 Grande Reserve Unit 12—Letter of Credit Expiration 10. PW 2006-196 Grande Reserve Unit 13 —Letter of Credit Expiration 11. PW 2006-197 Caledonia Phase 1 —Sitework Letter of Credit Reduction#1 12. PW 2006-198 Caledonia Phase 2—Sitework Letter of Credit Reduction#1 13. PW 2006-199 Countryside Parkway(E. Kendall to Center)—Change Order#1 14. PW 2006-200 Rob Roy Creek Interceptor(North Branch Contract 1)—Change Order#1 15. PW 2006-201 Kylyn's Ridge Subdivision(Phases 1 &2)—Final Acceptance and Line of Credit Reductions 16. PW 2006-202 Fountain Village of Yorkville—IDOT Letter of Understanding City Council Meeting Agenda November 28, 2006 Page 4 Public Works Committee Report(con't): 17. PW 2006-203 Gawne Lane Watermain Extension—Easement 18. PW 2006-204 US Postal Service—Plat of Easement 19. PW 2006-205 Raintree Village Unit 1 —Surface Course 20. PW 2006-206 In-Town Road Program Phase 2—Construction Engineering Services a. Smith Engineering Consultants Proposal/Agreement for Construction Observation Services—2007 In-Town Drainage Improvement Program (Utility Contract) b. Smith Engineering Consultants Proposal/Agreement for Construction Observation Services—2007 In-Town Drainage Improvement Program (Roadway Contract) 21. PW 2006-207 Engineering Enterprises, Inc. Engineering Services Agreement for Corneils Road Reconstruction 22. PW 2006-208 IDOT Highway Permit and Resolution—Kendall Marketplace (Off-Site Storm Sewer) 23. PW 2006-164 Ordinance Amending, Repealing, and Restating Ordinance 2004-54 United City of Yorkville Landscape Ordinance(Title 8,Building Regulations, Chapter 12 Landscape Ordinance) 24. PS 2006-19 Ordinance Amending City Code Title 10—Zoning, Chapter 11 —Off Street Parking and Loading—Section 3: Off Street Parking Regulations and Requirements Economic Development Committee Report: 1. EDC 2006-28 Building Permit Reports for September 2006 2. EDC 2006-29 Building Permit Reports for October 2006 3. PC 2006-70 Resolution Approving the Final Plat of Subdivision for Bristol Bay Unit 13 4. PC 2006-73 Resolution Approving the Final Plat of Subdivision for Grande Reserve Unit 22 5. PC 2006-79 Resolution Approving the Final Plat of Subdivision for Caledonia Unit 2 6. PC 2006-72 Resolution Approving the Preliminary/Final Plat of Subdivision for Menard's Commercial Commons Fifth Addition 7. PC 2006-37 Resolution Approving the Preliminary Plat of Subdivision for O'Keefe Subdivision 8. PC 2006-86 Resolution Approving the Final Plat of Subdivision for O'Keefe Subdivision Unit 1 9. PC 2006-64 Towns at Windett Reserve a. Ordinance Authorizing the Execution of an Annexation and Planned Unit Development Agreement b. Ordinance Annexing c. Ordinance Rezoning d. Resolution Approving the Concept PUD Plan e. Resolution Approving the Preliminary PUD Plan 10. EDC 2006-30 Scope of Service for School Site Study City Council Meeting Agenda November 28, 2006 Page 5 Economic Development Committee Report (con't): 11. EDC 2006-31 Resolution Approving Agreement with Grainco FS, Inc. for Funding of Supplemental Site Investigation 12. EDC 2006-32 Resolution Approving Agreement with Farm Bureau for Funding of Supplemental Site Investigation Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Executive Session: 1. For the appointment, employment, compensation, discipline,performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. 2. For litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the fording shall be recorded and entered into the minutes of the closed meeting. Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES !PUBLIC WORKS --------------------------------------------------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James CON_OMIC DEVELOPMEN11 Committee Departments Liaisons Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business &Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development City Council Meeting Agenda November 28, 2006 Page 6 COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't) PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock DMINISTRATION� Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock HOC: TECHNOLOG Committee ----- ---------------------------- Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock STATE OF ILLINOIS ) November 27, 2006 COUNTY OF KENDALL ) ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE OTIS PROPERTY MANAGEMENT, L.L.C. PROPERTY THIS AGREEMENT is made and entered into this day of 2006 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and OTIS PROPERTY MANAGEMENT, L.L.C. (hereinafter referred to as OWNER/DEVELOPER)of the County of Kendall, State of Illinois. WITNESSETH WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject matter of said Agreement comprising approximately 2.0031 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 requested 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 1 tract, of REAL PROPERTY herein described in the attached Exhibit"A" as B-3 Service Business District in order to make said real property a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the REAL PROPERTY 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, zoning, and development of the SUBJECT 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 —2— herein contained,the parties agree,under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance annexing to the CITY all of the REAL PROPERTY described herein in the attached Exhibit"A"; and the CITY in said ordinance shall zone the real property designated in the attached Exhibit "A" subject to the further terms of this Agreement as B-3 Service Business District. Said zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth on for the B-3 Service Business 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 B-3 Service Business District Zoning. (ii) That the subject property shall be developed in substantial conformance with the attached Site Plan, which is incorporated herein and made a part hereof by reference as Exhibit`B", as prepared by Koziol Engineering and dated 2006. (iii) (a) OWNEWDEVELOPER shall be responsible for providing landscaping,in conformance with CITY standards along all perimeter boundaries of the subject property and providing future cross-access easements as shown on Exhibit"B". —3— (b) OWNER/DEVELOPER shall be permitted to have parking in the front setback adjacent to Illinois Route 71,within Ten(10)Feet of its property line. (c) OWNER/DEVELOPER shall establish the landscape buffer along Illinois State Route 71 behind the proposed North Right-of-Way line of the Illinois Department of Transportation. (iv) That OWNER/DEVELOPER shall provide the number of parking places as set out on the attached Exhibit"B" attached hereto and incorporated herein by reference. (v) OWNER/DEVELOPER and the CITY agree that OWNER/DEVELOPER shall be permitted to conduct the uses on the subject property that are excerpted from the United CITY of Yorkville Zoning Classification for O-Office District,B-1 Limited Business District, B-2 General Business District, B-3 Service Business District as they exist at the time of execution of this Agreement and any similar permitted uses within those Districts that the CITY may create in the future; although OWNER/DEVLOPER agrees that it shall not be permitted to conduct on site any permitted uses which have been omitted from the current United CITY of Yorkville Zoning Ordinances as are in effect as of the date of the approval of this Agreement by the United CITY of Yorkville. The list of permitted uses is as set out in Exhibit"C"attached hereto and incorporated herein by reference.. (vi) That in all other respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances. —4— B. The OWNER/DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the CITY Staff of the United CITY of Yorkville, as well as OWNER/DEVELOPER complying with the CITY Preliminary and Final Platting process. 2. CITY'S AGREEMENTS. A. The CITY agrees that due to the nature of the non-residential use and zoning classification of said parcel, OWNER/DEVELOPER has no obligation to pay School Transition Fees or Land-Cash Fees. B. OWNER/DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY Water and Sanitary Sewer System at the time that those utilities are within Two Hundred Fifty(250)Feet of the SUBJECT PROPERTY, and if easements are available to connect said real property. hi the event either of said utilities are not available within the above stated distance to the SUBJECT PROPERTY, or if easements for connection are not available even through said utilities are available closer, OWNER/DEVELOPER may develop the subject parcel with septic system and private well even though municipal utilities may not be available. C. Upon annexation, the Owner will receive police protection, 911 Service, Water, Sanitary Sewer, and all services as provided by CITY to its property owners and residents. D. The CITY will require the Owner to annex to Yorkville Bristol Sanitary District at the time of applying for a building permit seeking to hook up to the Sanitary District and the CITY Sanitary Sewer System. E. Permit an Economic Incentive Agreement to be requested by —5— OWNER/DEVELOPER as to any portion of the off-site,pursuant to such an Agreement out of 1/2 of any Sales Tax Receipts from users on the subject site in conformity with the United City of Yorkville Commercial Incentive Policy. 3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER/DEVELOPER 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/DEVELOPER 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/DEVELOPER 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 —6— 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 Farm Road Yorkville, IL 60560 To OWNER: OTIS Property Management,LLC 4771 Route 71 Oswego, IL 60543 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 —7— 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. hi 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 I I 07 S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —8— 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,NOVEMBER 14,2006. Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Absent Leslie Absent Ward II Burd Present Wolfer Present Ward III Bock Present Moons Present(arrived 7:10) Ward IV Bosco Absent Spears Present Also present: City Clerk Milschewski,City Treasurer Powell.City Attorney Wyeth,Interim City Administrator Crois,Assistant City Administrator Olson,.Police Chief Martin,Director of Public Works Dhuse,Director of Park&Recreation Mogle,and Finance Director Mika. QUORUM 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. He extended a special welcome to Boy Scout Troop 34 who came to observe a City Council meeting. AMENDMENTS TO THE AGENDA None. COMMUTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M.,Tuesday,November 21,2006 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M.,Tuesday,November 21,2006 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M.,Tuesday,December 5,2006 _ City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M,Tuesday,December 5,2006 City of Yorkville Conference Room Ad Hoc Technology Committee To Be Announced PRESENTATIONS Citizen Award-Lynn Randall Mayor Prochaska and Chief Martin presented Lynn Martin with a Citizen Award for her dedication to the community. Ms.Randall called in suspicion activity in her neighborhood to the Police Department and relayed information which included a vehicle description,a license plate number and a detailed description of suspects. Her assistance aided the department in the arrest of two suspects for burglary and the recovery of a portion of the victim's property. Mayor Prochaska thanked Ms.Randall for her courage and cooperation in this incident Certificates of Commendation-Detective Stacey Mott Mayor Prochaska and Chief Martin presented Detective Stacey Mott with a Certificate of Commendation for her role in a theft investigation which involved counterfeit bills. Through her investigation she learned of a possible suspect and worked with county and federal agencies The Minutes of the Regular Meetine of the City Council—November 14,2006—gaze 2 to identify and locate the suspect. She obtained a warrant to search the suspect's home which resulted the recovery of thousands of dollars of computer equipment,counterfeiting paraphernalia,as well has hundreds of completed and partially completed counterfeit bills. Detective Mott brought the case to a close resulting in a Class Ill felony forgery and a misdemeanor theft charge. Mayor Prochaska thanked Detective Mott for her dedication to the United City of Yorkville. PUBLIC HEARINGS None. CITIZEN COMMENTS Todd Millimn of 61 Cotswold Drive addressed the City Council. He explained that he is passionate about being a citizen of the United States of America. He stated that he and the almost six hundred registered voters who signed his petition regarding a referendum on annexations have the right to petition. He stated that it is a valid petition however the City Attorney wants the City Council to narrowly construe the statute(65 H-CS 5/7-1)that he sited in the petition. He explained that the statute has been on the books since the 1870's and it was meant to be a safety valve. He encouraged the City Council to read the statute and noted that that nowhere in it does it specify a specific type of annexation and that like most law it is cumulative in nature. He asked the City Council to support his request for a referendum indicating that the worst that could happen would be that there will not be a ballot initiative in April 2007. He stated that if the City Council supports the request,Fox Moraine will not be able to file their siting application on December 1,2006 and this will put the process on hold until the election in April 2007 and then maybe by then Kendall County will have made their decision for a landfill in the county. Ron Parrish of 11571 Route 71 addressed the City Council. He stated that he understood that the aldermen and mayor will be the ones to make the decision regarding the landfill. He felt that this was unfair because based on their recent votes on the annexations and road vacation they do not seem to be impartial. He commented that the City must be considering the landfill because of money and he asked if the City Council has looked at the land values and property taxes that will be lost if a landfill comes into the City. He stated that at the landfill meeting on November 13, 2006 it was mentioned that residents can file for an amendment on their taxes. He recommended that everyone in Kendall County file for a 25%reduction on their taxes because a landfill will affect everyone's property values and lives. Tom Gilmore of Kendall County addressed the City Council. He stated that he was speaking on behalf of the Friends of Greater Yorkville. He asked the City Council to reconsider and think about the implications of any future action in regards to the landfill. He stated that his group feels they have defended their position on the landfill effectively and fairly and they hope the City Council will reconsider its position. CONSENT AGENDA 1. Police Reports for October 2006(PS 200642) 2. Monthly Treasurer's Report for September 2006(ADM 2006-77) 3. Risk Management Annual Bill—approve payment in an amount not to exceed $154,021.70 and authorize Finance Director to renew contract(ADM 2006-78) 4. Purchase New Domain Server—authorize purchase in an amount not to exceed $6,202.00(ADM 2006-79) 5. Resolution 2006-99—Approving Computer Rotation Policy—approve the policy as presented(ADM 2006-80) 6. Resolution 2006-100 —Approving Cellular Telephone Policy-approve the policy as presented(ADM 2006-55) 7. Scope of Service for Grande Reserve Park A—approve agreement with Schoppe Design Associates,Inc. as presented and authorize Director of Parks and Recreation(PKBD 2009-09) 8. Scope of Service for Grande Reserve Park B—approve agreement with Schoppe Design Associates,Inc. as presented and authorize Director of Parks and Recreation(PKBD 2009-10) 9. Appointment of Chris Funkhauser to the Zoning Board of Appeals Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved by Alderman Hurd;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-0 Burd-aye,Munas-aye,Wolfer-aye,Bock-aye,Spears-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. The Minutes of the Regular Meeting of the City Council—November 14,2006—naee 3 MINUTES FOR APPROVAL A motion was made by Alderman Spears to approve the minutes of the Special City Council meetings of October 26,2006;seconded by Alderman Munns. Motion approved by a viva voce vote. A motion was made by Alderman Spears to approve the minutes of the Committee of the Whole meeting of September 19,2006;seconded by Alderman Burd. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman Spears to approve the paying of the bills listed on the Detailed Board Report dated November 1,2006 totaling the following amounts:checks in the amount of $2,591,202.45(vendors);$207,314.51 (payroll period ending 10/14/06);$198,895.76(payroll period ending 10/28/06);for a total of$2,997,412.72(total); seconded by Alderman Beare. Motion approved by a roll call vote. Ayes-5 Nays-0 Munns-aye,Wolfer-aye,Bock-aye,Spears-aye,Burd-aye REPORTS MAYOR'S REPORT Coffee with the Mayor Mayor Prochaska reported that the next Coffee with the Mayor would be held November 18, 2006 at Nationwide Insurance,718 N.Bridge Street from 9:00 a.m.to 11:00 pan. Special City Council Meeting Mayor Prochaska reported that there will be a meeting on November 30,2006 at 7:00 p.m.at Yorkville High School to discuss the landfill siting process. The meeting will be held in the large instructional room at the high school. CITY COUNCIL REPORT Ordinance 2006-133 Amended and Restated Governing Ordinance A motion was made by Alderman Bard to approve the amended and restated Governing Ordinance as presented;seconded by Alderman Bock. Alderman Burd suggested a change to Section H,Mayor,letter A which allows the mayor to represent the City at official functions,act as a spokesperson for the City or designate anyone to fill in as a spokesperson for the City. She stated that there have been comments as to why the change was needed. She pointed out that she wrote the ordinance and included the section regarding the mayor being the spokesperson as a courtesy to the mayor. This is not in the state statute nor was it suggested to her by anyone on the committee. She stated that it is her personal opinion that this be kept to certain people and the mayor because she does not feel it is appropriate to have people possibly representing the City and making comments to the press that are not necessarily the City's position. Alderman Spears stated that Alderman Burd had a valid point and she made a motion to amend the motion;seconded by Alderman Burd. Mayor Prochaska stated that it has been previously discussed that sometimes there are experts or other people that the City employees that sit in on technical meetings. He stated that they are representing the City however according to statute no one has the power to speak for the City Council. The City Council has the power to refute any statements. Alderman Burd stated that what motivated her suggestion were several instances recently where the City Attorney made remarks to the press regarding the City's position before the City Council had voted on certain items. She stated that people read this stuff in the newspaper and believe it is the position of the City Council. She stated that she did not want anyone speaking for the City Council and giving out the wrong impression. She stated that the"City"is all of the Council not just certain people giving their opinions on certain issues.She wants the citizens to know that there is notjust one opinion but rather several and until a vote is taken the"City's"opinion is not known. The Minutes of the Regular Meeting of the City Council—November 14,2006—oa ze 4 Alderman Spears asked if there could be a compromise by adding that if there is a meeting of technical nature that the"technical"staff member could attend not as a spokesperson but as a representative of the City. Mayor Prochaska stated that he did not know if this addressed Alderman Bard's issue or if this changed anything because anyone in the room could be interviewed by the press and give an opinion regardless of this ordinance. Alderman Burd suggested removing the entire item because it has never existed before,it is not state statute and there has never been anything previously to address this. This would allow everyone to talk. Alderman Mums asked what if during the day,someone is needed to represent the City and none of the elected officials are available. Would department heads be able to represent the City? Alderman Burd stated that Alderman Morris was talking about someone representing the City and she is talking about someone giving the City's position on a particular item. Alderman Mums stated that he did not feel anyone does this until the vote. Alderman Burd stated that yes this has been done and it has been in the newspaper. Alderman Bock commented that this has been discussed at length at various meetings. He stated that he did not feel that anyone has represented the City as a spokesperson in the past and obligated the City to something that was not reversible. He stated that the City Council is trying to come up with a solution and there wasn't a problem. He suggested the City Council move on. A motion was made by Alderman Burd to amend the amending motion to delete Section 11, Mayor,letter A and not give anyone any authority and allow it to be the way it was before; seconded by Alderman Spears. Motion amending the amendment to the original motion approved by a roll call vote. Ayes-3 Nays-2 Wolfer-nay,Munns-aye,Burd-aye,Spears-aye,Bock-nay Motion amending the original motion approved by a roll call vote. Ayes-3 Nays-2 Wolfer-nay,Munns-aye,Burd-aye,.Spears-aye,Bock-nay Amended original motion approved by a roll call vote. Ayes-5 Nays-0 Bock-aye,Wolfer-aye,Mums-aye,Burd-aye,Spears-aye Resolution 2006-101 Approving Freedom of Information Act, Dissemination of Information Policy A motion was made by Alderman Hurd to approve a resolution approving the Freedom of Information Act(FOIA),Dissemination of Information Policy,as presented;seconded by Alderman Spears. Alderman Burd explained that she drafted this resolution to restate items in the statute to make everyone more aware of the different items in the state statute that seemed to previously unfamiliar. The resolution includes procedures on how to handle FOIA requests to make sure there are no more infractions of the Act and it will clarify the Act for new and existing alderman how requests are handled. Mayor Prochaska commented that he did not believe that any charges of infractions have been brought against the City. He stated that this policy provides procedures for staff. Alderman Burd disagreed with Mayor Prochaska because there was a letter from the Attorney General stating that there were certain things that should not have been extracted from the information that was sent out to the Beacon News.She stated that this situation was not handled properly and this resolution will address it in the future. Alderman Spears personally thanked Alderman Burd for her work on the resolution. Motion approved by a roll call vote. Ayes-4 Nays-1 Wolfer-nay,Mums-aye,Burd-aye,Spears-aye,Bock-aye ATTORNEY'S REPORT Attorney Wyeth reported that there is a resolution regarding the petitions for a referendum on annexation. He noted that there was one small change since it was discussed at the Committee of the Whole meeting which involved a typographical error. The Minutes of the Regular Meetine of the City Council—November 14,2006—page 5 Resolution 2006-102 Regarding Petitions Submitted Requesting a Referendum on Annexations Mayor Prochaska entertained a motion to approve a resolution regarding petitions submitted requesting a referendum on annexations,as presented. So moved by Alderman Bock;seconded by Alderman Wolfer. Alderman Hurd noted that the resolution states that the City cannot be forced to have a referendum and she asked if it could choose of its own volition to have a referendum. Attorney Wyeth stated that the City could however not under the section that the petitions were presented under. She asked if the City Council could consider the petitions and then decide to have a non- binding referendum. Attorney Wyeth stated that there can be a non-binding referendum for any issue. He noted that the request in the petition in under a very narrow section of the law(65 ILCS 5/7-1-6)and as such the resolution is written very narrowly as well. Alderman Burd noted that the properties mentioned in the petition are already annexed and she asked how the request for a non-binding referendum would interact with what has already been done. Attorney Wyeth explained that a non-binding referendum is non-binding but is used to seek information the same as a survey. Alderman Bard asked if property could be de-annexed. Attorney Wyeth stated that property cannot be de-annexed based on anon-binding referendum however there is a de- annexation procedure in the code. Mayor Prochaska asked if there was any liability to the City if property is de-annexed and Attorney Wyeth stated that there would be issues. Alderman Burd asked if Attorney Wyeth's research determined if the City shouldn't take action on the petitions. Attorney Wyeth stated that his research indicated that the petitions were a nullity from the time they were given to the City and there is no place in the statutes for the City to act on them. Alderman Munns clarified that a'�yes"vote for the resolution meant it would not go to referendum. Attorney Wyeth stated that the approval of the resolution by the City Council is a statement by the Council that the petitions are a nullity. Mayor Prochaska reiterated that a"yes" vote would be a vote to go no further with this issue. Alderman Bock wanted those who signed to be aware that the petitions were not stated correctly under law. He didn't want them to feel that they were ignored. Alderman Hurd asked if there was such a thing as an invalid petition;can't voters asked for anything they want? Attorney Wyeth stated that anyone can petition but as to what the City has to do with them is another matter. Motion approved by a roll call vote. Ayes-3 Nays-2 Wolfer-aye,Munns-aye,Burd-nay,Spears-nay,Bock-aye CITY CLERK'S REPORT Clerk Milschewski reported that staff is directing those interested in election packets to go to the Illinois State Board of Elections website. Interested parties can download the Local Election Official Handbook which has the documents needed to file election petitions. CITY TREASURER'S REPORT No report. CITY ADMIMSTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT Watermain Breaks Director Dhuse reported that there have been four watermam breaks throughout the City. They have been random breaks due to the weather. Water Treatment Plant He also reported that the switch-over of the water treatment plant is almost complete. Well#4 is hooked up and going through its test phase. CHIEF OF POLICE'S REPORT No report. The Minutes of the Regular Meetine of the City Council—November 14 2006—page 6 DIRECTOR OF PARKS&RECREATION'S REPORT Polar Express Program Director Mogle reported that there are quite a few holiday programs planned for the children in the community with the most popular being the Polar Express program. This program is a train ride from Aurora to Downers Grove where children visit Santa.He reported that the program was opened up for registration on Monday,November 6,2006 and within one hour the program was filled with eighty children being signed up to participate. OSLAD Grant He also reported that the City has received a$400,000.00 OSLAD grant for the development of the Prairie Meadows Park. This is the first time the City has been able to use land as the matching grant which has resulted in a net cost of about$42.,000.00. This frees up funds that can be used on other parks. COMMUNITY RELATIONS MANAGER'S REPORT Intern Hired Assistant City Administrator Olson reported that Mrs.Spies has hired a Community Relations Intern from North Central College. The intern will be working about fifteen hours/week. Email Addresses He also reported that Mrs.Spies sent out a memo to the City Council regarding their email address. He asked them to let her know what email they would like used on the City's website. Toy Donations Mr.Olson reported that toy donations were being accepted from November 20,2006 to December 15,2006 at City Hall for the Walter and Connie Payton Foundation's holiday giving program. All unwrapped toys should be placed in the box in the foyer. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Mayor Prochaska noted that Director Miller was attending the Citizen's Advisory Committee with the School District tonight. COMMUNITY&LIAISON REPORT Prairie Parkway Mayor Prochaska reported that he attended a Prairie Parkway meeting and that there will be a set of meetings in December including one for elected officials. He stated he would have the information regarding the meeting placed in the aldermen's mailboxes. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT No report. ADMINISTRATION COMMITTEE REPORT Ordinance 2006-134 Authorizing and Providing for Refunding Debt Certificates Series 2006A A motion was made by Alderman Spears to approve an ordinance authorizing and providing for $5,525,000.00 Refunding Debt Certificates,Series 2006A,as presented,subject to bond counsel, Chapman and Cutler,inserting details of the bond numbers,the purchase price,dates and other bond details into the blanks shown therein;seconded by Alderman Bard. Barbara Chevalier of Speer Financial,Inc.reported to the City Council that LaSalle Financial Services Inc.has submitted a bid for the purchase of the$5,555,000.00 Refunding Debt Certificates,Series 2006A being sold by the United City of Yorkville. It was the opinion of Speer Financial that the bid is favorable and should be accepted. The sale will result in a savings of$267,932.27 to the City. Alderman Spears noted that the dollar amount has changed from that indicated in the original motion. Ms.Chevalier explained that when there is a refunding,the amount is sometimes subject to change because it is interest rate sensitive. The Minutes of the Regular Meeting of the City Council—November 14,2006—page 7 A motion was made by Alderman Spears to amend the amount of the original motion to $5,555,000.00;seconded by Alderman Burd. Motion to amend approved by a roll call vote. Ayes-5 Nays-0 Wolfer-aye,Muni-aye,Burd-aye,Spears-aye,Bock-aye Amended main motion approved by a roll call vote. Ayes-5 Nays-0 Wolfer-aye,Munns-aye,Burd-aye,Spears-aye,Bock-aye Ordinance 2006-135 Authorizing and Providing for the Issue of$3,000,000.00 General Obligation Refunding Bonds (Alternate Revenue Source),Series 2006B A motion was made by Alderman Spears to approve an ordinance authorizing and providing for issue of$3,000,000.00 General Obligation Refunding Bond(Alternate Revenue Source),Series 2006B as presented,subject to bond counsel,Chapman and Cutler,inserting details of the bond numbers,the purchase price,dates and other bond details into the blanks shown therein;seconded by Alderman Bard. Ms.Chevalier reported to the City Council that LaSalle Financial Services Inc.has submitted a bid for the purchase of the$3,000,000.00 General Obligation Refunding Bonds(Alternate Revenue Source),Series 2006B,being sold by the United City of Yorkville. It was the opinion of Speer Financial that the bid is favorable and should be accepted. The sale will result in a savings of$98,354.39 and will reduce the City's debt margin. Main motion approved by a roll call vote. Ayes-5 Nays-0 Burd-aye,Spears-aye,Bock-aye,Wolfer-aye,Mums-aye ADDITIONAL BUSINESS Prejudged Decision Mayor Prochaska stated that it was indicated earlier in the meeting that the Council has made a prejudged decision as to what will happen along Route 71. He questioned who has ever said any decision has been made. He stated that he bas never made a statement in regards to this and he was unaware of anyone on the City Council making any references to any prejudge decision to a landfill. He stated that in 2004 the City tried to look at the siting of a waste transfer station which would have eliminate the need for a landfill however Kendall County changed an ordinance which brought a landfill up to the same status as a transfer station. Because of this any negotiations for a transfer station ceased. He stated that Yorkville was not the only city in the County investigation transfer stations;there were other groups also interested in this. Mayor Prochaska stated that there has been a vision for the area along Route 71 for residential, manufacturing and commercial,including hotels,conference centers,corporate offices,etc. He stated that this is still his vision. He explained that Kendall County and thew attorneys approached the City indicating that they were waiting for an application for a landfill. He stated that he expressed the same concerns he has heard from residents to the County and he asked if the City would have some decision making power to review the application and was told they would not;it would be the County's decision alone. He questioned the impact on residential areas and traffic. He also asked what funding would be available for the City to deal with the impact. He was told that the County was estimating that municipalities would get$.25/ton or approximately$25.,000.00/year. Mayor Prochaska noted that the cost of one traffic signal is approximately$240,000.00. He told the County that the funding available to Yorkville was unacceptable so they recommended the City begin discussion with the developer. He stated that he believed and still believes the City Council should sit in judgment of the landfill happening. Comments from Newark Mayor Prochaska stated that there was a letter put out to the residents of Newark,Illinois discussing the possible landfill. He noted that there is a comment in the letter regarding Yorkville luring away Elm Ford from Newark that he felt was offensive to Yorkville. He stated that he has discussed this with Lynn Dubajic,Director of the Yorkville Economic Development Corporation, who indicated that the owners of Elm Ford had approached her to discuss Yorkville and their business plans. He stated that he has never spoken with the owners and he was unaware of any staff talking with them. He took offense that the Mayor of Newark made the accusation and he suggested he spend more time looking at what it takes to keep businesses in Newark because if the owners are talking to someone outside their community they already have an issue. The Minutes of the Regular Meeting of the City Council—November 14,2006—page 7 Election Petitions Mayor Prochaska noted that it is election time and petitions are available. He stated that if a landfill application is received on December 1,2006,there is a question of who will ultimately decide on the landfill. He asked those interested in running for the City Council to take this into consideration. He also noted that he has not taken out any petitions. He indicated that he has pressing family issues and he has decided to work through the holidays to take care of these issues. He stated that he loves Yorkville and has put the City first many times in his life but now he needs to put his family first. Alderman Spears noted that Attorney Dirk Price was asked about the elections and the landfill at the meeting on November 13,2006 and he explained that any new Council members will have to educate themselves quickly. Alderman Munns asked what the filing deadline was and Mayor Prochaska thought it was January 29,2007 however he recommended that Alderman Mums check the website. He stated that the election in April 17,2007. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn.So moved by Alderman Munns;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:07 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois ***Tape malfunctioned;hard to hear and lost approximately 5 minutes of the meeting. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCII. OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS, HELD IN THE CITY COUNCIL CHAMBERS, 800 GAME FARM ROAD ON WEDNESDAY,SEPTEMBER 27,2006. Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward James Present Leslie Absent Ward II Burd Present Wolfer Present Ward III Bock Present Manna Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Attorney Wyeth and Interim City Administrator Crois. OUORUM A quomm 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. Mayor Prochaska noted that there were two items incorrectly on the agenda;Amendments to the Agenda and Additional Business. CITIZEN COMMENTS None. REPORTS MAYOR'S REPORT Ratification of Ordinance Imposing Fee,Tax or Surcharge On the Permanent Disposal of Solid Waste (COW 2006-08) Mayor Prochaska entertained a motion to approve and reaffirm an ordinance imposing fee,tax or surcharge on the permanent disposal of solid waste in the United City of Yorkville,as presented tonight,and as previously presented and voted on at the September 19,2006 Committee of the Whole meeting and to ratify that ordinance known as Ordinance 2006-93,nunc pro tuna So moved by Alderman James;seconded by Alderman Bock. Alderman Burd asked the definition of none pro tunc. Attorney Wyeth explained that it means "now as it was then". Alderman Burd also questioned why the City Council had to vote to ratify this ordinance and Attorney Wyeth explained that it was to make certain that what the City Council enacted,Ordinance 2006-93,is re-affirmed. This makes certain that this provision win survive any scrutiny based upon the fact it was passed at a Committee of the Whole(COW) meeting. Alderman Spears stated that members of the Council asked if the original vote at the COW meeting was legal and they were reassured it was. Mayor Prochaska stated that because it was questioned both of the City's attorneys,City Attorney Wyeth and Attorney Dirk Price,suggested that while it was not necessary this would prevent any future questioning. Alderman Burd suggested things like this be done right the first time so the City is not put in a position where it is questioned as to what it is doing. She asked Attorney Wyeth to explain the ordinance and he explained that this ordinance gives the City the ability to assess a fee, sometimes called the$1.27/ton provision. The first person in line that courts this provision has access to the fee;this is the amount that the City would be entitled to if a landfill were ever sited within the community. He referred the Council to the chart in the Host Agreement for further information. The Minutes of the Special Meetlug of the City Council—September 27.2006—page 2 Motion approved by a roll call vote. Ayes-7 Nays-0 Burd-aye,Spears-aye,Bock-aye,Besco-aye,Wolfer-aye,James-aye,Munns-aye 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 7:08 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois Page 1 of 5 COMMITTEE OF THE WHOLE Tuesday,August 1,2006 7:00 P.M. City Conference Room Present Mayor, Art Prochaska Jeremy Shaw, Zanch Coen &Wright Alderman, Dean Wolfer Judith Casey Alderman, Marty Munns Judith Vant Alderwoman Rose Spears William Woodward, KLOA Alderman Jim Bock Lynn Dubajic,YEDC Alderman Jason Leslie Jason Poppen,LAS City Attorney, John Wyeth Harold Oliver,HRM City Administrator,John Crois Phil Stuepfert, SEC Planning Public Works Director, Eric Dhuse Scott Mai, SEC Police Chief,Harold Martin Kathy Farren. Record Finance Director, Susan Mika E.Danforth Treasurer, Bill Powell Nancy Danforth Bart Olson Kyle Price Denise Kasper Michael Hughes,Pride Petrol David Mogle Mary Ann Kawczynski The meeting was called to order at 7:04 pm by Mayor Art Prochaska. Public Hearine None. Presentations: None. Detail Board Report Bill list): There was a question an page 11 about the June Web design. The money for design is not monthly. Glory Spies will be asked to send a memo for clarification. On page 19 there should be a breakdown of the charges for Traci Pleckham. The Aldermen will get a copy of the invoice. On page 24 there was a charge for water damage at 1204 Game Farm Rd. This is because the sewer backed up in someone's home. The insurance will be contacted to see if they will handle this issue. On page 25 there were some charges for computer issues. They were issues that needed immediate attention. The Bill List will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. ADM 2006-43 Monthly Treasurer's Report for May 2006 2. PS 2006-30 Police Reports for June 2006 The Consent Agenda items will move on to City Council on Consent Agenda. Page 2of5 Mayor: 1. Coffee with the Mayor: August 5 at William Ryan Homes, 2343 Sumac Dr. (Whispering Meadows, off Alan Dale) from 10:00 am until Noon. 2. Sewer Backup Repair Estimate—This home is not within the city corporate boundaries but the city does provide sewer and water services to the home. The damage was to a finished basement. The amount of the estimate was $19,843.12 with an additional request from the homeowner for $2,482.87 to replace items that were ruined by the backup. The city paid Service Master$5,401.29 to clean up the basement after the backup occurred. The claim was submitted to the insurance company. If there are a lot of claims,that will increase the insurance rates. There was discussion and explanations about how the claims are viewed. A formal policy can be put into place. Things to consider in the policy would be: inadvertent damage because of a blockage in the sewer main because of solids and tree roots, and homes that are not in the city boundaries, but are served by city sewer and water. There was a question about what warrants the city to have to pay for these claims. The residents pay sewer maintenance fees. The city would pay half the claim now. If the city were sued and found liable, then the insurance would pay. The money can come out of the sewer maintenance fund. This will move on to City Council for consideration. Economic Development Committee: 1. EDC 2006-17 Building Permit Report for June 2006—This will move on to City Council on Consent Agenda. 2. PC 2005-52 Kleinwachter—Preliminary Plan—This is off the agenda. 3. PC 2006-50 Prairie Pointe—Zoning—This is an 11.66 acre parcel with half of it already zoned B3. They are requesting the R2 portion be re-zoned to B3. There will be a 45,000 square foot building that Smith Engineering will occupy and there will also be a hotel, banquet hall, and a restaurant. The Plan Commission made a unanimous recommendation for this re-zoning. This parcel is immediately adjacent to the new Post Office. This will move on to City Council on Consent Agenda. 4. PC 2006-34 Kendall Marketplace—Zoning and Concept PUD—The Public Hearing for the concept PUD has already been held. The Public Hearing for the Preliminary PUD Plan is scheduled for August 8h. The single family homes in the development abut single family homes in the adjacent development. There is also a 4.4 acre park and land that can be used for a new Police Station. There are bike paths running throughout. The Right in Right out access is being considered for a full access point. There were recommendations from EDC in a draft of a development agreement for architectural standards. They will have masonry product on the front facades of all the single family units. Mayor Prochaska would like to see no less than 75% masonry product on the town homes. Each town home unit will have 2 enclosed parking spaces. They have designed the plans to tenant requirements. There will be approximately 4,000 parking spaces. The monument signage will be outside of the right of way. The plan commission recommended approval. Page 3 of 5 Harlem Irving will be the builder and the holder of the assets unless a sale of the property is required by the tenant such as Target or Home Depot. Kohl's, Super Target,Home Depot, Linens and Things, Office Max,Pet Smart, and Michaels have all submitted letters of intent. Alderwoman Spears asked how they would keep all the trucks off Cannonball Trail. There will be appropriate signage. Spears was also concerned about the traffic on Cannonball since it is a 2 lane road. There was a traffic study done and Cannonball will be widened to 3 lanes. The middle lane will be a 2 way turn lane. On Rt. 34 there will be right turn lanes into the development so there will still be 2 through lanes in each direction. The study can be provided. Alderman Bock asked how far the 3 lanes will go on Cannonball Tr. The road will taper back to 2 lanes just past the North access. Alderman Bock was concerned that Cannonball would become a cut through between Rt.47 and Rt. 34. Alderman Wolfer suggested keeping the access onto Cannonball closed until closer to the opening of the stores.Mayor Prochaska suggested that when the money from the retail began to come in that money should be put toward Cannonball Trail improvements. This will move on to City Council for consideration on the Rezoning and Concept PUD. There will be a hearing for the Preliminary PUD. 5. EDC 2006-18 Beecher Road Right of Way Intergovernmental Agreement with Kendall County—This is a right of way needed from the County East of the Copley property line. The County will not be responsible for building the road or the intersection improvements. The State's Attorney has received a copy of this and it is under review. This will move on to City Council for Consideration on Consent Agenda. 6. EDC 2006-14 Zoning Ordinance Amendment for Building Height Increase— This ordinance was drafted in 2005 and never adopted. This will move on to City Council on Consent Agenda. Park Board: 1. PKBD 2006-06 Raintree Village Park A—Equipment Purchase—Raintree Park A is 1 acre and Raintree Park B is .7 acres adjacent to the school. The equipment will be purchased this year. The Park Board sent out requests to 7 different companies and received 4 proposals. Both Raintree A and B will have a dinosaur theme Raintree A is for 2-5 year olds. It is adjacent to the Raintree clubhouse. There will be 2 slides, some rock climbing apparatus, and 2 plastic dinosaurs. The sand area will have buried fossils. They will be attached to the foundation of the sand area. Raintree B is for 5-7 year olds. There will be a walkway with a sitting area. It will have stamped concrete with fossil figures. The equipment will cost $32,275 and the total budget is $75,000. There is parking next to the clubhouse that can be used for the park. The approval to purchase the equipment will move on to City Council for consideration. Public Works Committee: No Report Page 4 of 5 Public Safety Committee: 1. Public Safety Minutes—April 13,2006—The minutes were approved. 2. PS 2006-32 Cannonball Trail @ John Street Signage—Currently there is a Yield on Cannonball Trail in both directions. Sheriff Randall is requesting that the intersection be a 3 way multi stop intersection. Chief Martin suggested following the law or having the County take jurisdiction over the intersection. Mayor Prochaska, chief Martin, and John Wyeth will put together a letter explaining the city will obey the laws and statutes of the state. 3. PS 2006-33 Early Delivery of Three Additional Squad Cars—The cars are in now. The city has taken delivery of I already. One of the squads was involved in a crash. The insurance will pay some of the cost of the new car. There is a cash flow problem with these cars being ready early. The advantage of taking them now is that the police department will definitely get them. If they are put off until later,the police department may not get them. The 3`a vehicle was not expected and is not in the budget. The money can be borrowed from the reserve if the reserve is paid back. This will go on to City Council for consideration on Consent Agenda. 4. PS 2006-34 Private Street Names—The motion to vote for approval will move on to City Council on Consent Agenda on August 8a'. 5. PS 2006-18 Request to Limit the Number of Liquor Licenses—this is off the agenda. Administration Committee: 1. ADM 2006-42 Fairing Policy(non-department heads)—The staff notes will not be included in the handbook,just the narrative. This must be run past the employment law specialist. This will be postponed until it is reviewed by the attorney. 2. ADM 2006-52 Strategic Planning—This will not take the place of the ongoing reviews of processes in the city. John Crois would like to get proposals to develop a vision plan from a facilitator. A copy of the St. Charles Business Plan was included in the packet. 3. ADM 2006-47 Monthly Budget Report for May 2006—This is an FYI. 4. ADM 2006-48 Monthly Treasurer's Report for June 2006—This will move on Consent Agenda. 5. ADM 2006-49 Monthly Budget Report for June 2006—This is an FYI. 6. ADM 2006-50 Clerk and Treasurer—Elected or Appointed Positions—this is off the agenda. 7. ADM 2006-51 School Fee Amendment—This clean up catches up with state state law and includes the state statute for use of funds. This will move on Consent Agenda. Additional Business Alderman Wolfer would like to see the Zoning department and the Engineering department start funneling through Travis Miller. Alderman Wolfer also suggested that developments with high densities should be asked to build the civic buildings, such as a building for the Fire Department. He would also like to address the densities and standards. Page 5 of 5 Susan Mika said the copy machines are on a 5 year lease,and there is 18 months left in the lease. The large machines break down after 2 million copies, and that was reached at 3 years for this copier. There is a service contract where someone can come out and fix it,but the breakdowns are causing overtime because one of the machines are down. To add a new machine would mean a new lease. The cost would go from $1700 per month to $1996 per month. The new lease agreement will be on the City Council Agenda for a vote. The meeting was adjourned at 9:40 pm. Minutes submitted by Laura Leppert. STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (THE TOWNS AT WINDETT RESERVE SUBDIVISION) Formi NOW COMES "OWNER/DEVELOPER", WISEMAN-HUGHES ENTERPRISES, INC., AN ILLINOIS CORPORATION, hereinafter referred to as "OWNER/DEVELOPER" of certain real property hereinafter referred to as "Subject Property" legally described in the attached Exhibit "A" and the UNITED CITY OF YORKVILLE, AN ILLINOIS MUNICIPAL CORPORATION, hereinafter referred to as "CITY", who do hereby enter into this Annexation and Planned Unit Development Agreement, hereinafter referred to as "Agreement" to supplement and in addition to the Petition for annexation and zoning pursuant to the CITY Zoning Ordinance, Subdivision Control Ordinance and drawings submitted therewith to be approved by the City Council of the CITY upon the following terms and conditions and in consideration of the various agreements made between the parties agree as follows: CITY and OWNER/DEVELOPER are sometimes hereinafter referred to individually as a"Party and collectively as the"Parties". 1. WHEREAS, each party agrees that it is in the best interest of the OWNER/DEVELOPER and the CITY to develop the Subject Property described in the attached Exhibit "A" as a Planned Unit development establishing a unique open space character with green areas and recreation improvements in conjunction with the CITY and to provide for the orderly flow of traffic throughout the development; and 123263/2123263/2DHUSE-PUD Agreement redline 1 2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and OWNER/DEVELOPER to provide for specific performance standards in the development of the Subject Property; and 3. WHEREAS, OWNER/DEVELOPER desire to annex the Subject Property to the CITY for the purposes of developing one contiguous Planned Unit Development known as The Towns at Windett Reserve Subdivision; and 4. WHEREAS, all public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement; and 5. WHEREAS, the CITY and OWNEWDEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY code; and 6. WHEREAS, each Party agrees that a substantial impact will be had on the services of the CITY and the Yorkville Community Unit School District #115, hereinafter referred to as "School District", by developing said Subject Property; and 7. WHEREAS, the OWNER/DEVELOPER has agreed to perform certain conditions substantially above those requirements mandated by the CITY; which are binding under the terms of this Agreement to be performed as to the Subject Property; and 8. WHEREAS, the CITY, after due and careful consideration, has concluded that the execution of this Agreement subject to the terms and conditions of this Agreement, 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 sound planning and 123263/212326312DHUSE-PUD Agreement redline 2 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 agree as follows: 1. Zoning: The subject property shall be re-zoned under the Zoning Ordinance of the CITY as a Planned Unit Development as set out in the attached Preliminary PUD Plat and Plan as Exhibit `B" and zoning legal description as Exhibit "C", for Single Family and Multifamily uses, and shall be developed in general conformance with the CITY'S R-2 One Family Residence and R-3 General Residence zoning districts, and other applicable CITY ordinances as time to time amended in a non discriminatory fashion as to all developments within the CITY. To the extent any modification or creation of a new CITY ordinance would cause an inability to comply with any provision of this Agreement, the controlling document shall be this Agreement, including the attached exhibits, over any revision to the CITY'S ordinances. The density, minimum lot size, setback lines and all other performance standards set out in the CITY'S Zoning Ordinances and CITY Subdivision Control Ordinance, and all other applicable CITY ordinances shall be complied with by the OWNER/DEVELOPER of the Subject Property in the development of the Subject Property, except when varied by this Agreement and as specifically set out in Exhibits "B" and "C" to this Agreement which have been incorporated herein by reference. 2. Signs, Models & Construction Trailers. For purposes of developing the Subject Property, OWNER/DEVELOPER hereby request authority to build two (2) different model unit groupings not to exceed six (6) model buildings within each grouping during the duration of the project. Model units shall be constructed in defined areas as approved by the CITY. 123263/212326312DHUSE-PUD Agreement redline 3 Construction of model units shall commence upon final City Council vote approving this Agreement when aggregate stone surface roadway is in place sufficient to support emergency equipment as approved by the CITY Department of Building Safety, TheYorkville-Bristol Fire Protection District, and upon submission of a hold harmless letter to the CITY and the Yorkville- Bristol Fire Protection District. Marketing signage and exterior lighting for the model units shall be permitted adjacent to the model unit areas for purposes of displaying products for sale. Furthermore all directional, promotional, and community identification signs permitted under CITY ordinance shall be allowed within the interior of the Subject Property. In addition to all other signage allowed under CITY ordinances, OWNER/DEVELOPER shall be allowed to construct two permanent entry monuments on the Subject Property adjacent to Route 47 which will identify The Towns At Windett Reserve Subdivision. The two permanent entry monument signs shall have sign faces not exceeding sixteen feet (16') by ten feet(10'), and the total height of the sign shall not exceed fifteen feet(15'). During Construction OWNERS/DEVELOPER shall also be entitled to erect a double sided temporary entrance marketing sign adjacent to Route 47, not exceeding fifteen feet (15') in height, and one hundred(100) square feet of sign face,. Before constructing any temporary or permanent signs permitted under this Agreement OWNER/DEVELOPER shall obtain sign permits from the CITY. OWNER/DEVELOPER shall be permitted to install and occupy one (1) temporary office and sales trailer for sales purposes, at any model grouping upon execution of this Agreement by 123263/2123263/2DHUSE-PUD Agreement redline 4 the City Council for the unit of the Subject Property in which the model groupings are located. Said office/sales trailer within each model grouping will be removed by OWNER/DEVELOPER no later than upon the issuance of the last occupancy permit. OWNER/DEVELOPER shall further be allowed to have eight (8) storage trailers located within each unit of construction within the Subject Property. CITY issued permits approving each grouping of storage trailers within a particular unit located on the Subject Property shall be required prior to any storage trailers being located upon the Subject Property. Said storage trailers shall be removed upon completion of home construction in each respective unit within the Subject Property. In no event shall storage trailers be parked in right-of-ways, or be located within 150' from any occupied building. 3. Fees and Charges. During the first five (5) years following the date of issuance of the first residential building permit, the CITY shall impose upon and collect from the OWNER/DEVELOPER, and their respective contractors, only those permit, license, tap on and connection fees and charges depicted in Exhibit "D" attached hereto, in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement. At the expiration of this five year term, the CITY shall give the OWNER/DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 4. Contributions. The CITY shall not require the OWNER/DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement.. 123263/2123263/2DHUSE-PUD Agreement redline 5 5. School & Park Dedication. A. Park Dedication. It is acknowledged by the Parties that under the current CITY Park Land Dedication Ordinance the OWNER/DEVELOPER is required to dedicate 4.87 acres of land, or pay the cash-in-lieu value of one hundred and one thousand ($101,000.00) per acre to the CITY on behalf of the Yorkville Parks and Recreation Department hereinafter "Park Department". OWNER/DEVELOPER agree to dedicate a three (3) acre park site located within lot 17, which lot is depicted on the Preliminary PUD Plat & Plan attached hereto as Exhibit `B". The exact location of the park site will be determined by OWNER/DEVELOPER and the Park Department during the CITY'S Final Plat &Plan review period. All areas dedicated to the CITY for which credit is being given towards land-cash contributions shall be final graded and seeded. The park site shall be conveyed by deed to the CITY subsequent to OWNER/DEVELOPER receiving CITY approval of a Final Plat & Plan for the Unit or Phase of the SUBJECT PROPERTY containing the park site, and after grading and seeding has been completed by OWNER/DEVELOPER pursuant to Park Department standards. OWNERJDEVELOPER shall also dedicate land to the CITY to provide the land for a Park Department public trail which trail will be located upon the Subject Property, as depicted on the Preliminary PUD Plat & Plan attached hereto as Exhibit "B". OWNER/DEVELOPER shall receive credit applied against OWNER/DEVELOPER'S required park land dedication for any and all land which is dedicated to the CITY for Park Department public trial purposes. Any remaining portion of OWNER/DEVELOPER'S required 4.87 acre land dedication which is not satisfied by the dedication of the three (3) acre park site and the dedication of land for Park Department public trail purposes shall be satisfied by cash in lieu of land payments paid 123263/21232632DHUSE-PUD Agreement redline 6 by OWNER/DEVELOPER at the time of building permit issuance pursuant to the CITY Park Land Dedication Ordinance, subject to the subsequent paragraph. If the CITY requires OWNER/DEVELOPER to construct public trail improvements upon land dedicated by OWNER/DEVELOPER for Park Department public trail purposes, then, the OWNER/DEVELOPER shall install said public trail improvements, and will be credited by the CITY on a dollar per dollar basis, applied toward OWNER/DEVELOPER'S cash-in-lieu of land obligation, for all expenditures incurred by OWNER/DEVELOPER in the design, engineering, and construction of the public trail. The public trail shall be ten (10) feet wide, constructed of asphalt, and shall comply with Park Department public path specifications. It being the intent of the CITY and OWNER/DEVELOPER that the CITY will accept dedication of the public trail upon completion of public trail improvements if such improvements are requested by the CITY. B. School Dedication. It is acknowledged by the Parties that under the current CITY School Land/Cash Ordinance the OWNER/DEVELOPER is required to dedicate 4.83 acres of land, or pay the cash-in-lieu value of one hundred and one thousand dollars ($101,000.00) per acre to the CITY, which funds the CITY shall collect on behalf of the Yorkville Community Unit School District #115, hereinafter referred to as "School District". OWNER/DEVELOPER shall dedicate to the School District a portion of the parcel of land depicted as lot 17 on the Preliminary PUD Plat & Plan attached hereto as Exhibit `B" consisting of approximately 18.34 acres, (hereinafter referred to as the "School District Parcel"). The School District has acknowledged the need for a 15.00 acre site for a school. The Parties acknowledge that a 10.17 acre dedication of land exceeds OWNER/DEVELOPERS obligation under the CITY'S School Land/Cash Ordinance. OWNER/DEVELOPER intends to dedicate the additional 3.34 acres to the School District at no charge or credit. 123263/2123263/2DHUSE-PUD Agreement redline 7 As consideration for the additional 10.17 acre dedication of land over and above the OWNER/DEVELOPER'S required dedication under the CITY'S School Land/Cash Ordinance, the CITY agrees to waive all land-cash fees applicable to the 193 remaining unoccupied lots located within the existing Windett Ridge Subdivision which is located adjacent to and north of the SUBJECT PROPERTY. The exact location of the School District Parcel will be determined by OWNER/DEVELOPER and the School District during the CITY'S final plat of subdivision review period. The School District Parcel shall be conveyed by deed to the School District subsequent to OWNER/DEVELOPER recording the first final plat for any phase or unit of the SUBJECT PROPERTY after grading has been completed by OWNER/DEVELOPER pursuant to CITY standards. OWNER/DEVELOPER further agrees to provide all storm water management facilities necessary to serve the School District Parcel off-site of the School District Parcel at no charge to the CITY or School District. Prior to the commencement of construction of the school to be located on the School District Parcel OWNER/DEVELOPER agrees to construct two roads upon the SUBJECT PROPERTY which shall be located adjacent to the School District Parcel for the purpose of providing adequate access to the School District Parcel. 123263/2123263/2DHUSE-PUD Agreement redline 8 6. Detention. OWNER/DEVELOPER shall be permitted to have storm water management facilities in common areas within the Subject Property which facilities will be installed on Homeowner Association maintained property. The storm water management areas designated on the Preliminary PUD Plat & Plan consisting of approximately 23.49 acres shall be maintained by OWNER/DEVELOPER until conveyed to the Homeowners Association and ownership will remain with said Homeowners Association. However, the OWNER/DEVELOPER reserves the right to seek dedication of said storm water management areas to the CITY after completion. All storm water management basins shall be located on Homeowner Association owned and maintained property. However, in the event any inlet or other drainage facility is located on private property, each individual lot owner shall be responsible to maintain all berming, set-back areas, or detention areas located within the property boundaries of any individual lot within said Subject Property, and that homeowners shall not, fill in, build on, or alter in any way the storm water management facilities. 7. Assessory Structures and Uses. OWNER/DEVELOPER, and their successors, heirs, and assigns shall have the right to have home offices, satellite dishes, decks, and screened- in porches pursuant to the City Ordinances and accessory uses permitted within the R-2 Low Density Residential and R-3 General Residence zoning districts in conformance with all requirements and usage requirements as contained in the Zoning Ordinance currently in existence as of the date of approval of this Agreement. 8. Performance & Architectural Standards. OWNER/DEVELOPER shall comply with all setback requirements, minimum lot sizes, and density requirements as shown in the Preliminary PUD Plat and Plan attached hereto as Exhibit `B".. Any change in CITY'S Zoning 123263/2123263/2DHUSE-PUD Agreement redline 9 Ordinance, Subdivision Control Ordinance, and CITY storm Water Control Ordinance enacted subsequent to the execution of this Agreement which shall alter minimum lot sizes, setbacks, and/or performance standards, shall not affect or apply to this Agreement and the Subject Property. The following performance and Architectural standards shall apply to the development of the Subject Property; A. Single Family Detached Units Setbacks: Front 30 feet Rear 40 feet Side 10 feet Minimum Lot Size 12,000 sq. ft. Minimum Lot Width 80 feet The CITY agrees to allow OWNER/DEVELOPER to construct the same housing products upon the single family detached portion of the Subject Property which OWNER/DEVELOPER constructed within the existing Windett Ridge Subdivision located directly to the north of the Subject Property. B. Single Family Attached Units Setbacks Front 30 feet Rear 30 feet Minimum Building Separation Front to Front 60 feet Rear to Rear 50 feet Side to Side 20 feet Rear to Side 40 feet Minimum Lot Dimensions 53' X 101' i. Masonry product must be incorporated into the front fagade of all single-family attached buildings located on the SUBJECT PROPERTY. 123263/2123263/2DHUSE-PUD Agreement redline 10 ii. The front facade of all single-family attached buildings must contain a minimum of seventy-five percent(75%) masonry product. iii. Masonry Product must be incorporated into the rear and sides of all single-family attached buildings located on the SUBJECT PROPERTY. iv. The rear and sides of all single family attached buildings must contain a minimum of twenty-five percent (25%)masonry product. V. For all architectural features, over five features, as defined under the CITY appearance code incorporated into the design of any attached building the OWNER/DEVELOPER shall receive a ten percent (10%) credit reducing the amount of masonry required to be utilized in the construction of that particular building. 9. Southside Infrastructure Improvement Participation. In order to provide a portion of the SUBJECT PROPERTY with potable water and sanitary sewer service certain public utility infrastructure improvements are necessary. Therefore, OWNER/DEVELOPER agrees to financially participate in the improvement of sanitary sewer and potable water infrastructure necessary to service the portion of the SUBJECT PROPERTY which currently does not have access to existing CITY water and sanitary sewer service. OWNER/DEVELOPER'S contribution will be calculated on a pro-rata basis by factoring OWNER/DEVELOPERS percentage usage as opposed to the total increased capacity of said infrastructure improvements necessary to serve this quadrant of the CITY. OWNER/DEVELOPER shall then only be required to contribute based upon their proportionate usage of such sanitary sewer and potable water improvements. 10. Oversizine of Public Improvements. Installation of CITY water main, streets and all other public improvements shall be in conformance with CITY Ordinances, unless specifically varied by approval of the City Council or varied by the terms of this Agreement. The CITY may require oversizing of water, sanitary sewer, or storm sewer mains provided a written 123263/2123263/2DHUSE-PUD Agreement redline 11 agreement is approved by the CITY fixing a method of recapture for OWNER/DEVELOPER or contribution by the CITY. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of said Recapture for Over-Sizing Ordinance for any offsite improvements, or any improvements benefiting future developers contiguous or within a reasonable service area of the Subject Property. Any recapture shall be established by Ordinance after the CITY has reviewed Engineers drawings and certified costs for any such improvement submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. IL Sanitary Sewer and Potable Water. For purposes of installing and servicing the Subject Property with sanitary sewer service, OWNER/DEVELOPER shall be permitted to hookup various units of said Subdivision not exceeding a combination of 198 single-family and multifamily units to the CITY'S interceptor on Route 47 located adjacent to the northwest corner of the Subject Property. For the purpose of providing the Subject Property with potable water the CITY hereby represents to OWNER/DEVELOPER that capacity exists to supply the Subject Property with potable water service. 12. Building Code. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 13. Landscaping and Berming. A. Landscaping of the Subject Property shall contain a green area and/or berming on the Subject Property adjacent to the Route 47 Commonwealth Edison right-of-way, in a landscape area for which OWNER/DEVELOPER has submitted landscaping plans attached hereto as 123263/2123263/2DHUSE-PUD Agreement redline 12 Exhibit "E" to be approved by the City Council containing a landscape setback area of at least 150 feet as a side and front-yard setback area in areas of the Subject Property adjacent to the Route 47 Commonwealth Edision Right-of-way pursuant to the approved Preliminary PUD Plat and Plan attached hereto as Exhibit "B", which landscape area shall be constructed by OWNERS/DEVELOPER in each Phase of the subdivision in which it is located B. Street and parkway trees shall be of a 2 1/2 inch minimum caliper, and weather permitting shall be installed prior to closing on each residential lot, as per the approved landscape plan for each phase of the subdivision. If at the time of closing weather does not permit or is not conducive to the planting of street and parkway trees OWNER/DEVELOPER shall not be required to plant said trees until the following spring subsequent to closing on the particular lot. C. OWNER/DEVELOPER may increase the amount of landscaping in any respective unit of said subdivision in excess of those requirements of the City Ordinance and may add additional plantings,but not less plantings, than those required under the Landscaping Plan. D. No house structure or accessory building shall be permitted in any landscape setback area located on the Subject Property by OWNER/DEVELOPER except as set out in the Preliminary PUD Plat and Plan attached hereto as Exhibit`B" as approved by the City. E. Homeowners may plant shrubbery, flowers or trees in bermed areas. F. No homeowner, or their agent, or employee shall alter in any fashion, any berming, landscape setback area, drainage or detention area within any easement area of said Subject Property. 14. Grading. OWNER/DEVELOPER shall submit a mass-grading plan to the City Engineer along with Final Engineering for the entire Subject Property prior to the time approval t23263/2123263/2DHUSE-PUD Agreement redline 13 is sought for the first Phase of the Subject Property. Upon City approval of this Agreement, the OWNER/DEVELOPER may request and the City shall issue a Mass Grading Permit to allow OWNER/DEVELOPER to immediately proceed with the mass grading work on the Subject Property so long as the OWNER/DEVELOPER follows the NPDES permit requirements. 15. Homeowners Association. A homeowners association shall be created and a homeowners declaration recorded at the time of recording of each affected final plat of subdivision providing for the ownership and maintenance of all internal trails/sidewalk, storm water facilities, green areas (not dedicated to the CITY for park purposes), signage and common areas. It being the intent of the CITY and OWNERS/DEVELOPER that the CITY will accept dedication of the public trail and certain open-space acreage upon completion. In the event said homeowners association fails to maintain said areas, OWNER/DEVELOPER hereby grant their consent to the CITY to immediately create a dormant back-up special services tax area under the applicable Illinois Statutory procedure, a special tax district or special services area for the purpose of upkeep, maintenance and/or renovation of these common areas above set-forth at the time the first final plat of subdivision is sought to be approved. 16. Road Improvements and Route 47 Access. A. State Route 47 access for said Subject Property and traffic and roadway improvements shall be constructed at expense of OWNER/DEVELOPER. However OWNER/DEVELOPER shall have the right to obtain a recapture agreement and recapture ordinance for fifty percent (50%) of associated expenditures to the extent other properties benefit from said traffic and roadway improvements, and excluding any proportionate benefit to the Subject Property. Location of the entrance shall be in conformance with the Preliminary PUD Plat and Plan attached hereto as Exhibit `B", approved by the City, and completed pursuant to 12326312123263/2DHUSE-PUD Agreement redline 14 engineering drawings submitted by OWNER/DEVELOPER which shall be approved by the Illinois Department of Transportation. Location of the entrance may be moved if directed by the Illinois Department of Transportation. If such a modification is needed or required, OWNER/DEVELOPER shall be granted a variance if necessary by the CITY to allow for the development of the Subject Property with the relocated entrance. If signalization is required by the Illinois Department of Transportation at any street access onto Route 47, OWNER/DEVELOPER shall obtain a traffic study for approval by the City Engineer. OWNER/DEVELOPER shall be granted the right to obtain a recapture agreement and recapture ordinance for reimbursement of up to seventy-five percent (75%) of associated expenditures to the extent other properties benefit from said traffic signal improvements, and excluding the twenty-five percent (25 1/o) proportionate benefit to the Subject Property. 17. Route 47 Public Trail ILnurovement It is the intention of the Parties that the CITY shall obtain a land lease upon the east side of the Commonwealth Edison, (hereinafter "Com-Ed"), owned property adjacent to Illinois Route 47 for the placement of a public trail. Upon the CITY obtaining said land lease OWNER/DEVELOPER agrees to construct a ten foot (10') wide public trail upon the Com-Ed property. The trail shall be designed and constructed to be located parallel to Route 47. Furthermore the public trail contemplated herein shall be designed to connect to the Regional Route 47 Trail. OWNER/DEVELOPER shall only be responsible to construct that portion of trail located adjacent to the SUBJECT PROPERTY extending between the north and south property lines. The Parties agree that the public trail shall be in lieu of public sidewalk along Route 47 which would have otherwise been required of OWNER/DEVELOPER under current 1232632123263/2DHUSE-PUD Agreement redline 15 CITY Ordinances. The exact location and alignment of the trail will be negotiated in good faith between Parties during the Final PUD Plan and Plat review period If the CITY is unable to obtain a land lease from Com-Ed for the placement of a pubic trail upon Com-Ed's property located adjacent to Route 47, then the OWNER/DEVELOPER agrees to grant the CITY an easement or dedicate the necessary right-of-way to provide for a public trail on the Subject Property within the 150 foot green space buffer area located adjacent to Route 47. Subsequent to either the grant of easement or dedication of right-of-way by OWNER/DEVELOPER for trail purposes, the OWNER/DEVELOPER shall construct the public trail in lieu of sidewalk pursuant to the terms of the preceding paragraph. If the placement of the public trail on the Subject Property necessitates any alteration, addition, or modification of any development plan, plat, or right granted under this Agreement previously approved by the CITY relating to the Subject Property, then the CITY agrees take any and all necessary actions to amend said plan, plat, Agreement, setback, or other performance standard so that the entitlements previously granted to OWNER/DEVELOPER by the CITY are in no way adversely effected by the dedication of right-of-way or grant of easement for public trail purposes. The CITY further acknowledges that the placement of the public trail upon the Subject Property may result in the loss, damage, and/or destruction of landscape plantings within the green space buffer area located on the Subject Property. As a result, the CITY agrees to reimburse OWNER/DEVELOPER for the loss, damage, and/or destruction of landscaping as a result of locating the public trail upon the Subject Property. 18. Utility Easements and Installation. 123263/2123263/2DHUSE-PUD Agreement redline 16 A) OWNER/DEVELOPER and City agree that in order to secure the development of the Subject Property, easements may be necessary to be acquired by OWNER/DEVELOPER off-site of the Subject Property for dedication to the City. The CITY makes no representation or warranty to the OWNER/DEVELOPER as to the acquisition of said easements although the CITY shall co-operate and use it's best efforts to help OWNER/DEVELOPER to acquire any said necessary easements. B) Easement acquisition shall be at the sole cost and expense OWNER/DEVELOPER. OWNER/DEVELOPER shall submit plats of dedication for utility easements in the format and over locations accessible for reasonable extension of utilities to be approved by the City Engineer. C) Installation of all on-site utility improvements, and extension of off-site utilities shall be at the sole expense of the OWNER/DEVELOPER. 19. Onsite Easements and Improvements. In the event that during the development of the Subject Property, OWNER/DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of OWNER/DEVELOPER'S obligation for the Subject Property in accordance with the approved Preliminary PUD Plat and Plan, the CITY shall fully cooperate with OWNER/DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER/DEVELOPER. If any easement granted to the CITY as a part of the development of the Subject Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Property as reflected on the Preliminary PUD Plan, and in this Agreement, the CITY shall fully cooperate with OWNER/DEVELOPER in vacating and 123263/2123263/2DHUSE-PUD Agreement redline 17 relocating such easement and utility facilities located therein, which costs shall be home by OWNER/DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER/DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If the CITY requires any existing overhead utilities located on the Subject Property be relocated or buried on perimeter roads adjacent to the Subject Property the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER/DEVELOPER'S request, the CITY will make the request to have overhead utilities relocated. hi the event there is a cost to the OWNER/DEVELOPER associated with burying what had been overhead utility lines, the OWNER/DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. Within 30 days of a written request from the CITY, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction and extension of CITY utilities and appurtenances and/or other utilities to serve the Subject Property and other properties within the CITY. However, OWNER/DEVELOPER shall not be obligated to grant any temporary or permanent easements if such grant of easement would in any way encumber development of the Subject Property, or serve to negatively effect any entitlement previously granted to OWNER/DEVELOPER by the CITY or any other governmental body. 123263/2123263/2DHUSE-PUD Agreement redline 18 20. Amendments to Ordinances. With the exception of CITY building codes addressed in Section 12 of this Agreement, all other ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Property and its development for a period of five (5) years from the date of issuance of the first single family building permit. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the Subject Property except upon the written consent of OWNER/DEVELOPER during said five (5) period. The CITY shall give the OWNER/DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the Subject Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period,provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non- conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Property and be complied with by OWNER/DEVELOPER, provided, however, that any so called 123263/2123263/2DHUSE-PUD Agreement redline 19 "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Property shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the Subject Property, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER/DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNER/DEVELOPER may proceed with development or construction upon the Subject Property pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 21. Legal Conformance with Law. This Agreement is made pursuant to and in accordance with the provisions of CITY ordinances, as amended from time to time, applicable provisions of the Illinois Compiled Statutes, and the Illinois Constitution. 22. Transfer. OWNER/DEVELOPER may assign this Agreement without CITY approval, but only in connection with its conveyance of all or any part of the Subject Property, and upon said assignment and acceptance by an assignee, the OWNER/DEVELOPER shall have no further obligations hereunder as to that portion of the Subject Property so conveyed, but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the Subject Property retained and not conveyed. If OWNER/DEVELOPER or its successors sell a portion of the Subject Property, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under 123263/2123263/2DHUSE-PUD Agreement redline 20 this Agreement (excluding rights of recapture) which affect the portion of the Subject Property sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the Subject Property so conveyed, but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the Subject Property retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance, unless the successor to or assignee of the OWNER/DEVELOPER of all or a portion of the Subject Property shall have deposited and substituted its letter of credit as security for the construction, repair and maintenance of roadway or other public improvements with the CITY, the OWNER/DEVELOPER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the OWNER/DEVELOPER or the successor to or assignee of the OWNER/DEVELOPER has provided a substitute letter of credit 23. General Provisions. A. The Exhibits attached to this Agreement are incorporated herein by reference and are made a part of this Agreement. B. Ordinances annexing the Subject Property and approving the zoning classification and legal description shall be approved and executed by the CITY when the precise metes and bounds legal descriptions are tendered to the City. C. This agreement shall be binding upon the successors, heirs, and assigns of each party hereto. D. If any portion of this agreement were determined to be invalid the remaining portions thereof shall be in full force and effect between OWNER/DEVELOPER and the CITY. 123263/2123263/2DHUSE-PUD Agreement redline 21 E. This agreement shall be binding upon each party hereto in terms of performance for a period of twenty(20) years. In the event construction is commenced within said twenty(20) year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER/DEVELOPER. F. Passage of this Agreement does not waive the right of OWNER/DEVELOPER to seek modification of this Agreement pursuant to the CITY"S Zoning Ordinance. G. The parties to this Agreement acknowledge that the current OWNER/DEVELOPER of the Subject Property is WISEMAN-HUGHES ENTERPRISES, INC., AN ILLINOIS CORPORATION, the parties further acknowledge that the specific terms of the Agreement were negotiated with the consent of the OWNER/DEVELOPER to be binding as to the development of the Subject Property, and that OWNER/DEVELOPER warrant that the parties hereto have full and express authority to enter into this Agreement. H. The parties acknowledge and agree that the Subject Property shall be developed in conformance with this Agreement; and that throughout this Agreement, when the term OWNER/DEVELOPER are used to require the performance of an act or obligation, it shall refer to the OWNER/DEVELOPER then seeking approval of Final Engineering, Final Plats of Subdivision or any other act required hereunder. I. OWNER/DEVELOPER hereby agree to include Kendall County "Right To Farm" language on each Final Plat of Subdivision, as part of the conveyance language on each Deed for lots abutting County agricultural zoning. J. OWNER/DEVELOPER shall be permitted to phase future Final Plat approval for the Subject Property subject to this agreement. 123263/2123263/2DHUSE-PUD Agreement redline 22 K. Should any provision of the Agreement be found to be unenforceable by a Court of competent jurisdiction,the remaining terms and conditions of this Agreement shall remain in full force and effect L. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: OWNER/DEVELOPER Jim Hughes Sr. Wiseman-Hughes Enterprises, Inc. 975 E. 22nd Street Wheaton, Illinois 60187 Copy to: John Philipchuck Dommermuth,Brestal, Cobine&West Ltd. 123 Water Street, Naperville, Illinois 60566 (630)-355-5800 City United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 Copy to: John Wyeth,Esq. United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 IN WITNESS WHEREOF the undersigned parties have executed this agreement this day of November, 2006. 123263/2123263/2DHUSE-PUD Agreement redline 23. CITY UNITED CITY OF YORKVILLE, An Illinois Municipal Corporation. By: Mayor Attest: City Clerk 123263/2123263/2DHUSE-PUD Agreement redline 24 OWNER/DEVELOPER WISEMAN-HUGHES ENTERPRISES INC. An Illinois Corporation. BY: President ATTEST: Secretary I 123263/2123263/2DHUSE-PUD Agreement redline 25 LIST OF EXHIBITS EXHIBIT A LEGAL DESCRIPTION EXHIBIT B PRELIMINARY PUD PLAT & PLAN EXHIBIT C ZONING LEGAL DESCRIPTION EXHIBIT D YORKVILLE FEES EXHIBIT E LANDSCAING PLANS 1232632123263/2DHUSE-PUD Agreement redline 26 Ehc. �a , STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF (The Towns at Windett Reserve Subdivision) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of .A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 F-'L b STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS (The Towns at Windett Reserve Subdivision) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described,has been filed with the City Clerk of the United City of Yorkville,Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County,Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-5 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The territory described in the Legal Description(which is attached hereto and made a part of this Ordinance) also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. 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 ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (The Towns at Windett Reserve Subdivision) WHEREAS, Jim Hughes, Sr. is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Wiseman-Hughes Enterprises, Inc., developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as PUD Planned Unit Development. 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 PUD Planned Unit Development as described in attached Exhibit "B., 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 I 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 CONCEPT PLANNED UNIT DEVELOPMENT PLAN FOR THE TOWNS AT WINDETT RESERVE SUBDIVISION WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Concept Planned Unit Development Plan for The Towns at Windett Reserve 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 Concept Planned Unit Development Plan. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following is hereby taken by the City Council of the United City of Yorkville: 1. The Concept Planned Unit Development Plan for The Towns at Windett Reserve Subdivision is approved, subject to staff 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 I E-bC �e STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY PLANNED UNIT DEVELOPMENT PLAN FOR THE TOWNS AT WINDETT RESERVE SUBDIVISION WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Planned Unit Development Plan for The Towns at Windett Reserve 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 Planned Unit Development Plan. NOW THEREFORE,upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Planned Unit Development Plan for The Towns at Windett Reserve Subdivision is approved, subject to staff 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