Public Works Minutes 1997 03-24-97 CITY OF YORKVILLE
PUBLIC WORKS COMMITTEE MEETING
MONDAY, MARCH 24,1997
Jerry Lynch called the meeting to order at 6:35 p.m.
Proposed Engineering Agreement -SSES-Deuchler Engineering
Joe Wrott explained the engineering agreement for the Sanitary Sewer repairs
and how it ties in with the Deuchler April 1996 report recommending repairs and
tightening up the collection system. He said there is need to start on this now in
order to get the plans put together, submit to EPA by September to be in the
funding cycle for construction next season. He explained the proposal is on a
"cost plus" basis not to exceed $100,000. When the entire project is looked at, it
is in line. This does not include construction inspection or bidding. "Cost Plus"
means hourly rates connected to the different people on the Yorkville project.
They will keep track of their time and invoices based on hourly rates, benefits
pocket expenses and/or mileage.
Philippe Moreau says this proposal follows EPA guidelines. They will not charge
for mileage even though its in the guidelines. He said they need authorization to
proceed by April 1 and finish by September 15. EPA will take 90 days and must
be approved before the end of 1997. He said there is a lot of field work and
engineering to be done.
Art Prochaska said this is budgeted for next year. The first invoice will be
submitted in the next fiscal year. He recommended to move onto the next step.
He said they need to go to COW and send a recommendation to the City Council
April 10.
Jeff Spang said he is uncomfortable with the size of the contract and questioned
the contract bidding rules. He mentioned the termination clause and add on
expenses. He would like Dan Kramer's recommendation. Philippe Moreau is
with the company that put this together and is now bidding the engineering cost
in a non competitive basis.
Mr. Moreau said they can not bid because it is against professional engineers/
professional services. They are forbidden by The Department of Regulation who
can remove their license if they bid a project. They can be selected by
qualification and Dan Kramer would know that. He said due to the size of the
project, he has tried to keep the cost as low as possible.
Mr. Spang questioned how$100,000 was determined to be an acceptable
amount. Mr. Wyrott said there are guidelines based on the difficulty of a project
'1
Public Works Committee 3/24/97
and fall within a range. Mr. Moreau stated this was a series of little projects
which will require "mini" surveys and will be time consuming. He said the people
who have worked on this project are already familiar with the streets and
manholes which will cut down the work time.
Mr. Prochaska recommended this go to the COW April 3 and for Dan Kramer to
review this contract with the starting date being changed to April 11.
DCCA Rate Study
Mr. Prochaska said this was a sewer and water study. Since they are looking at
$2.5M worth of work done he suggested a more detailed 5 year plan to be
looked at. He does not support a rate increase without a detailed plan. This will
be tabled until the next meeting.
Intersection Improvements -Walnut & Bridge
Mr. Wyrott said they met with IDOT last week in Ottawa about this project. They
requested some changes such as the diameter of the cul-de-sac on Bristol, the
location and landscaping improvements which IDOT agreed to. This will be
100% state funded, but they are asking for the city to sign off on the plans.
There are no drainage improvements proposed. IDOT will increase the cul-de-
sac on Bristol by 2 meters, put in a birm to discourage through traffic and have a
shoulder. They plan to start construction soon. They would like this signed off
on by March 28.
Mr. Wyrott said that Dick Whitfield's concern is that IDOT would be supplying a
common drive entrance with the Fox Valley Shopper and Brenart Eye Care. The
state said this will not be included in their plan. Mr. Prochaska suggested they
talk with the Best family who own the Bed and Breakfast on Bristol and Jackson.
They will be invited to the COW April 3, 1997.
Mr. Spang said he is concerned that the state wants the city to quickly sign off
on a plan they haven't had time to review. He is concerned about 3 businesses
losing their access from the highway but agreed that this will be an overall safety
benefit to the citizens. There was discussion this change will force more traffic
onto Walnut and Park. Mr. Wyrott will talk with Public Safety about the
concerns.
Mr. Nanninga said they will be seeing IDOT tomorrow and will discuss some of
the issues.
2
Public Works Committee 3/24/97
Groundwater& Top of Foundations Elevations
Mr. Wyrott discussed a March 14, 1997 memo clarifying what the city can and
cannot ask for concerning groundwater elevations for proposed developments
and the adding of two different types of language that could be revised to the
subdivision ordinance. There was discussion of having another professional
opinion. Bob Johnson suggested that Dan Kramer review this.
Property Code Standards
Bill Detmers discussed property standards. He said the inspection of property
standards in the community is upon complaint basis through the City Manager's
office. Once the complaint is received, it is followed through to court or repair. It
is not done by policing the whole town. He requested a policy from the city on
how to handle these complaints through a chain of command. There are 9
cases they are working on presently with some being repeats. He said property
standards are more difficult to work with than new construction. If people are not
approached properly, the city could be sued for violating civil rights so they take
pictures and document.
Mr. Nanninga suggested repeat offenders should start paying fines to cover the
additional work. Mr. Detmers think user fees work well. The fee usually runs
from $50 - $200. This covers court and attorney costs. He has a problem with
the city ordinance being able to have someone imprisoned and suggested it be
changed at some time.
Mr. Detmers explained the city ordinance's accessory structures. He discussed
two specific garages which met codes. They cite code sections when doing
inspection violations. He said that the drums at Witt's are not in violation of the
ordinances because they are zoned business. Mr. Detmers explained the
procedure for residential maintenance and expiration dates on building permits.
If construction is stopped for 6 continuous months, the permit can expire. They
can apply for an extension. Some sign violations were discussed.
Mr. Detmers explained that a stop work order shall be in writing, but can not stop
a whole job. The condemned order states the structure is unhealthy and unsafe.
There was discussion of an Industrial Park building. Mr. Detmers said the
building structure now meets the codes. There is an engineering report and the
owner has done what was requested.
Roppolo
Mr. Wyrott went over the proposed changes of the Roppolo Coach Hills PUD.
Kathy Jones discussed the Block properties request for road access and which
lots would be affected. Jim Olson explained how the lots line up and this being
3
Public Works Committee 3/24/97
the only access point. Bill Roppolo said he did not want to make lots smaller
and feels he is the one to pay for this. There is a problem taking these revisions
to his lenders. He is unhappy about Edmeiers parking lot being loft. off of his
lot. He wants extensive landscaping done here to protect his lots. It was stated
this has not been approved yet for Edmeiers.
Mr. Roppolo asked for a PUD agreement as this has gone on for 2 years. He
asked for this to be approved as it is and he will give an agreement if he can
have a variation on the next 2 phases. He wants to maintain the integrity of his
property if he has to lose 3 lots due to corner lot frontage. He said there was an
access but earlier was told to get rid of it by staff. The preliminary plat was
passed last April. It was discussed how to maintain the same number of lots by
reconfiguring and adjusting lots in Phases II & III. This will be brought back to
Council for vote. They will allow a stub access which will be in the PUD and he
will be allowed variance to go below the 12,000 sq. ft. minimum lot size. There
was discussion of what the Blocks can do for the Roppolo project. Mr.
Prochaska said this should have been discussed before as this plat has already
been passed. There will not be a roadway put in but this will be left a vacant lot
the city will maintain as a city right-of-way.
Mr. Roppolo said he has 4 different product lines and wants to develop Phase II
& III with integrity. Mr. Wyrott noted this in the PUD. He continued going
through the other changes in the PUD making note of the discussed revisions.
(See revised PUD). The property owners will be referred to as The Roppolo
Company. There was discussion if Edmeier doesn't build, they would need to
get the easement to put the water main in along Rt. 47 and to follow the
alignment for the lift station. It was agreed if they oversize the water lines, they
will have a recapture agreement.
Mr. Wyrott said the revisions will be give to Mr. Kramer tomorrow. There is not a
public hearing required. Mr. Roppolo want to review the changes and will go
before COW April 3. (See attached memo from Joe Wywrot to Dan Kramer) .
Road Repairs
Mr. Wyrott discussed Spring Street repairs. He recommended budgeting
$25,000 to do the work in house which includes stone, fabric and seal coat.
There was discussion of more traffic being encouraged on Walnut St. which
already needs repairs. Mr. Wyrott suggested not doing anything to the road until
the church is built because of the potential heavy truck traffic. The pot holes will
be filled in. The poor conditions of Liberty St. and Center St. were discussed.
Spring St. and Somonauk St. were not included on the repair list due to lack of
money. Ms. Jones discussed resurfacing / seal coating and which streets would
benefit by priority. Mr. Wyrott said all streets would benefit if there were funds
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Public Works Committee 3/24/97
available. Mr. Prochaska suggested putting together a regular street
maintenance schedule. Mr. Wyrott said he will put together something city wide.
Mr. Wyrott said he and J.T. Johnson drove around Countryside and feel that
Center Parkway is "too far gone" from Blackberry to Kendall Dr. The cost of
patching would not be practical. He said to concentrate on the remaining
sections, let this road deteriorate and do a core out next year. He showed a
patch location map. $65,000 will be spent on repairs in Countryside.
There was discussion of possibly setting up a Special Service area in
Countryside. Mr. Wyrott was asked to compile a total cost amount to do the
whole subdivision divided up by the number of homes. Mr. Nanninga said when
Wheaton's sales tax of$400,000 - $500,000 comes in two years, there will be
money for proper road repairs.
Adioumment
The meeting adjourned at 10:18 p.m.
Submitted by,
Sheryl Washburn
5
MEMO
To: Dan Kramer, City Attorney
From: Joe Wywrot, City Engineer
Subject: Roppolo PUD Agreement
Date: March 25, 1997
Attached find a marked-up copy of the proposed PUD agreement. These changes were negotiated
at the Public Works Committee meeting on March 24th with the developer.
The changes are self-explanatory. There appears to be conflicting language on Pages 2 and 11.
Please review those and make any necessary changes. Regarding the park donation described on
Page 14, there was confusion over which land was to be accepted for maintenance by the city. I
spoke with Art Prochaska, Sue Swithin and Scott Sleezer about it this morning. It appears that
the attached memos from the Park Board dated 10/23/96 and 1/31/97 accurately reflect the
feelings of the Park Board. We may want to attach those memos to the PUD agreement as
exhibits.
Please make the requested changes and provide clean copies of the agreement by next week. The
revised agreement is scheduled for review at the April 3rd C.O.W. meeting, with final passage
scheduled for April 10, 1997.
If you have any questions concerning this matter, please call me.
cc: Tun Nanninga, City Administrator
STATE OF ILLINOIS ) Revised 8 15196
9/4V96
COUNTY OF KENDALL ) 9/18/96
2.10.97
2/18/97
3.24.97
THE OPPOLO COMPANY
COA ' HILLS)
UNITED CITY OF YORKVILLE
PLANNED UNIT DEVELOPMENT AGREEMENT
NOW COMES DEVELO R, THE>OPPOLO COMPANY,
Developers of certain real property described in the attached Exhibit "A" and the United*City of
Yorkville, an Illinois Municipality who do hereby enter into this Planned Unit Development
Agreement to supplement and in addition to the Petition for zoning, Zoning Ordinance, Subdivision
Control Ordinance and drawings submitted therewith to be approved by the City Council of the
United City of Yorkville upon the following terms and conditions and in consideration of the various
agreements made between the parties agree as follows:
1. WHEREAS, each party agrees that it is in the best interest of the Owner and Developers and
the City to develop the subject real property described in the attached Exhibit "A" as a
Planned Unit development establishing an unique open space character with green areas and
recreation improvements in conjunction with the United City of Yorkville City Council to
provide for the orderly flow of traffic throughout the development; and
2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies
affected and the Developer and Owner to provide for specific performance standards in the
development of the subject property; and
3. WHEREAS, each party agrees that a substantial impact will be had on the services of the
United City of Yorkville and the Yorkville School District by developing said real property;
and
4. WHEREAS,the Developer has agreed to perform certain conditions substantially above those
requirements made by the United City of Yorkville; such as increased landscape setbacks
along State Route 47, the payment of additional Sanitary Sewer Recapture fees over and
above what traditionally is charged by the City, Parkland Donations ofland and equipment
in excess of ordinance formulas, and other miscellaneous advances.
NOW THEREFORE, the parties agree as follows:
A. The subject property shall be re-zoned under the Zoning Ordinance of the United City
of Yorkville as a R-2 Single-Family Planned Unit Development parcel with each block
of zoning set out in the attached drawingt as Exhibit `B", incorporate
herein by reference showing the precise area to be zoned R-2 Single-Family District
for Single-Family use;B-2 General Business District; and R-3 Townhouse zoning for
the area being permitted for Townhouse only type zoning, and shall be developed in
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general conformance with this P.U.D. ppiv$b1 �C#yd1 =
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approved Final Plat.
2
The density,minimum lot sue, setback lines and all other performance standards set
out in the City Zoning Ordinance and City Subdivision Control Ordinance, and all
other applicable City Ordinances shall be complied with by the Developer in the
development of the subject parcel of real 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.
For purposes of developing said subdivision, Petitioner hereby request authority to
build six different model unit groupings during the duration of the project. Model
w,.a�.amr< ;,;.
Homes shall be constructed in a defined area as approved by the City YIV
eveloptet Cammmrie6 upon application and approval of Preliminary Plat and Final
Engineering. Said units shall be located only in areas designated by the Petitioner
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with respect to model units;v5ignage, and exterior lighting grlptGS shall
be permitted adjacent to the model unit areas for purposes of displaying product for
sale. Directional signs #gW"'pmpt p )g shall be allowed only on private
property of the interior of Coach Road Hills Subdivision. Petitioner shall be permitted
l.; Vtt!:!:V:}}tit!K!:jFti3OvR'•!:•l >i:•.•�F.�.i•. v.%
to have a temporary office trailers for sales purposes, ty by i101 gry tpM9 upon
execution of the Final Plat of Subdivision for Coach Road Hills by the City Council,
.:a•;:.•:;r•.:a:�x.;::w,<..>. ;•:...:,:.,•....:..,;:..c.•:.•>w.w'cysasr> yx:w•xx,.a>+ti;}T?•;•: ...:c7,C�:47'; :.:.Y..'?i!`.ob$
t�airhe urtii `t �subdtixirni 1esututtpttr1 and recording thereof
with the Kendall County Recorder of Deeds for purposes of conducting sales on the
site. OWNE OP ER s ' led to erect two temporary entrance sales
signs not a ceeding ,•,, 8 %whic all be permitted until completion of the
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Subdivision on private property. Said office trailers shall be removed within sixty
3
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(60)days of the completion of the final
"° model home group at each
grouping. DEVELOPER shall further be allowed to have storage trailers on Phases
of the Subdivision under construction. ;, , .,,,.., „...:.... .. ,•...,. . : x
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B. SPECIAL PLATTING CONDITIONS AND PARK DEVELOPMENT
SCHEDULING: The Park District Board and Petitioners have concluded an
agreement satisfactory to that Board for the installation of certain park improvements.
Those park improvements shall be completed as per the sketch design agreed to by
the Yorkville Park Board, the Planned Unit Development Concept Sketch, the
Preliminary Plat, and in conformance with the park standards approved by the
Yorkville Park Board and attached hereto and incorporated herein as Exhibit "E".
The Petitioner shall complete all improvements in each phase of the Subdivision as
shown on said drawings with the completion subject to a letter of credit based upon
the engineer estimates for the work to be performed. The Letter of Credit
requirement for Parks in each Phase of said development shall be satisfied by tender
of completed Park improvements and land dedicated by OWNER/DEVELOPER on
each Phase of the Development as completed by OWNER/DEVELOPER. All park
exhibits are attached hereto and incorporated herein as part of this agreement {
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Donation of land, improvements, and park equipment to the Yorkville Park
Board and City of Yorkville shall be as per the list of contributions agreed and
as set out in Exhibit "E" dated April 17, 1996 and containing the identification
of Design Network Inc. at the top of said document and construction to be
equal to or in excess of the values stated therein. Exhibit "E" shall be
proposed and incorporated herein by reference as to Park Land, to be donated
to the City Park Improvements to be constructed by Developer; and schedule
of completion.
2) That the Owner and Developers shall dedicate to the United City of Yorkville
for park p is as designated on the attached drawing (Exhibit "F")
consisti nd in conformance with the United City of Yorkville
Land/Cash Ordinance. All areas dedicated for parks for which credit is being
given towards land-cash contributions shall be final graded and seeded; and
shall contain at least 100% of useable land exclusive of detention areas beyond
the 100 year flood plain. Said real property shall be dedicated by Deed to the
United City of Yorkville at the time that any developer seeks approval of a
Final Plat of Subdivision for the First Phase/Unit within the entire real
property being developed. Acceptance of seeded areas shall be contingent
upon three separate mowings showing all seeded areas to be filled in, prior to
the Park Board accepting maintenance responsibility of said seeded areas.
Any Developer constructing a detention facility shall be responsible for its
5
maintenance to the City until acceptance by the City. Acceptance or rejection
shall occur by the City within 30 days of submission of a Letter by Developer
or his Agent requesting approval.
The Petitioners, and their successors, heirs, and assigns shall have the right to
have home offices, exterior swimming pools, greenhouses, screened-in
porches and gazebos pursuant to our City of Yorkville Zoning Ordinances and
accessory uses permitted within residential zoning districts in conformance
with all set-back requirements and usage requirements'as contained in the
Zoning Ordinance currently in existence as of the date of approval of this
Planned Unit Development Agreement.
4) a) The Commercial area shall have an emergency access easement platted into
the Townhome loop established on the Final Plat of Subdivision in the Phase
of the Subdivision for which the Townhome Final Plat is recorded.
OWNER/DEVELOPER shall further be entitled to a variance in the height
restrictions required for commercial buildin o allow a building housing a
�t y►I.1s1,a.r.r it `stf �
Tfor purposes of havin
maximum height o <t a ......
two-story ban u
Developers shall
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er neemeee+
The Townhouse portion of the development shall have the following
6
performance standards:
* Suburban Roll Curb
* 25' Building Front yard Setbacks.
* Cul-de-sac center islands shall be permitted on Townhouse Streets
to be maintained by the Developer or his Homeowners Association for
the Townhouse Association into perpetuity
* Maximum cul-de-sac length of 900'
* 2 Car Garages shall be required on all Townhouse units.
* Front Facade, first floor shall consist of brick or stone veneer.
* Entrance gate features to be maintained by the Townhome
Homeowners Association
A 10' wide Regional Trail shall be installed adjacent and parallel with the
Commonwealth Edison property running generally north to south through the
subject COACH ROAD HII.LS PUD. IJW �
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icoperate�n:bbfa� g t�?m orzumonw ti. svn an; ?:
. OWI�ERSI DFV.>�d.:t��',EIt � �,�mbwrsamthe�„�� bir � .,,,,,...:
<;:{:ae!e;x>:::e.:<.,:.::r:a:pn::r:.:yx:'i°'.`w•
easement<acqu�sttl.�;n In the event Commonwealth Edison will perntit the
location of said trail on their subject real property pursuant to an earlier
Easement Agreement with the United City of Yorkville, said trail may be
installed pursuant to that easement. In the event it is not permitted on the
Commonwealth Edison property, Developer shall provide the dedication of
said easement on its property parallel to the Commonwealth Edison property.
The material surface of said pathway shall be constructed and consist of a 10'
wide asphalt trail, and a typical cross-section shall be submitted with final
engineering by Developer to the City, showing 3" asphalt on 8" of aggregate
under the asphalt.
7
} Developer agrees to install a 10 foot wide asphalt trail (with 3" asphalt on 8"
aggregate)around the central wetland area in conformance with its Parkland
dedication.
Street and parkway trees shall be of a inch caliper and shall be installed
within six months of the installation of driveways for each residence or the
common drive for any Townhouse portion of the development, as per
approved landscape plan for each phase of the subdivision. Petitioner may
increase the amount of landscaping in any respective unit of said subdivision
in excess of those requirements of the City of Yorkville Ordinance and may
add additional plantings, but not less plantings, than those required under the
Planned Unit Development Concept Plan, a copy of which is attached hereto
and incorporated herein as Exhibit"D".
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. M,
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tfen a eetYlCtlt isA rove fie:; '' ng`' x'met + leA ..,..
0.
For purposes of installing and servicing the subject property with a Sanitary
Sewer System, Developer shall be permitted to haN:` sp Units of said
Subdivision not exceeding a combination 177 single-family and/or townhouse
units to the southwest interceptor of the City of Yorkville located within the
8
existing right-of-way of State Route 47 and immediately west thereof.
Recapture is due for said Sanitary Sewer System on the basis of s per
acre for any commercial development that hooks on to said system, and at the
rate of CON per p.e. for each residential unit hook to s sy
qr:Qxn.;::;:..:::.+y..yw:+.;r,.•:•n.,•..+ow:,;xxexoxreoap.,..o.Af<rgt�'�4?� .a?S?q.' :: •
Payment for said recapture would be due at the time of application for
building permit for any respective structure to be served by the southwest
interceptor. Developer of COACH ROAD HILLS, agrees to provide a lift
station and piping at its sole expense in order to connect to that southwest
interceptor for the first unit of said to be Subdivision as approved in the Final
Engineering Plans submitted by Developer prior to approval of the Final Plat
of the first unit or phase of said subdivision.
Developer acknowledges and agrees that connection +
rutuung:par>tlle�wt}h �gyu ��� shall be made no later than
completion of the 177th building permit in said Subdivision or in the next unit
or phase platted after the availability of the new gravity sanitary sewer
c:»:a>:o+;;:;:;w,�,;tir,Za:^.¢YtcaS }:ogtgp? ?s�yw:::•.. Kt•:
interceptor whichever is first to occur. It is
anticipated by the City and Developer that all future Sanitary Sewer services
shall be provided by a Sanitary Sewer Interceptor to be constructed east of
.... as defined b the City for purposes of
Route 47, tiX<t1reigi Y
providing a new Sanitary Sewer Interceptor for the service area in which the
subject real property of COACH ROAD HILLS is located.
9
Developer acknowledges and voluntarily agrees with the City that a gecapture
MRjgR will be required from all Developers east of Route 47 who will use
the new interceptor to be constructed for Sanitary Sewer purposes. Said
recapture shall be charged on a non-discriminatory basis to
OWNERMEVELOPER of COACH ROAD HILLS, as well as any other
Developer or Owner who seeks Sanitary Sewer Service within the service
area to be served by the new interceptor for Sanitary Sewer Services east of
Route 47. Recapture shall be calculated on a per p.e. basis for the new line
and shall be charged by agreement with Developer and the City for all Units
in the first Phase of COACH ROAD HILLS and all subsequent phases for the
new interceptor line, even though Developer is on a temporary basis hooking-
on to the existing Southwest interceptor f the first phase of sai
•� .i�+tee r:.per c�.ss'.•.y
N c.'�,n-c
development. Said recapture for the south sanita sewer interceptorlshall be P
paid for all platted lots within a Phase or Unit of Coach Road Hills, upon
issuance of each individual dwelling unit permit of each respective Phase or
Unit of Coach Road Hills Subdivision.
Ce,ei
In con sideration of Developer paying for recapture on each li
sewer hook-up fees as to COACH ROAD LOPM ENT�shall be
in conformance with current city or di ance in wee!-FebAmew.", or each
residential dwelling unit throughout the 1 u sect
property.
C. That the Developer shall contribute to the Yorkville School District cash
10
contributions in lieu of land contributions in conformance with the City of Yorkville
, . the
Land/Cash Ordinance�sI�� =tom ��k`. �:>.v a :'
. •.ni•:.ww•:.•.. 7vw+vrx::.vniiLiri::r Vr:x
Developer shall provide written verification from the School District concerning all
cash donations. Park portion of OWNER/DEVELOPER'S contributions will be
satisfied by Park Dedication and Park improvements.
;. Ks
D. That the development of the property shall be subject to Preliminary Plat FBI*
1:9 5;:, Engineering approval by City Staff, or outside Review Engineering
...
as elected by the City, and Final Plat approval by the City Council in conformance
'711.56 A,as ^"C i 014-34
with the City of Yorkville Zoning Ordinance#� Subdivision Ordinance#_,the
w� �tMna.,�e�
Standard Specificati nsF r Improvem is City Reimbursement Of
L
Review Ordinance#_, ity Land-Cash Ordinance#q ,
MrY�..., City Transition Fnd G Ordinances#
90719e
exact schedule for each of the above referenced Ordinances attached hereto and
incorporated herein as Exhibit "F". All fees, but school Land-Cash and building
`'~ permit are being set for the duration of this Agreement as of the date of final vote for
-Z Capproval by the City Council. In the event this Agreement conflicts with an
9-4 Ordinance, the Agreement and Plats of said subdivision shall control.
Developer, except to the extent varied by this Agreement, shall comply with all
setback requirements, minimum lot sizes and in conformance to those requirements
set out in the United City of Yorkville' onrng Ordinan t the time of 01xsa ±Gt
a in City of
ty
re7�m�nary Plat of the sutdnns�q,. n Y::: y change
Yorkville Zoning Ordinance, Subdivision Control Ordinance, City reimbursement of
. 11
Land-Cash Ordinance Ci storm Water Control Ordinance,
City Transition Fee enact subsequent to the
execution of this Agreement which shall ter minimum lot sizes, setbacks,
performance standards on this development, shall not affect or apply to this
Agreement and development. However the developer shall comply with all fee
requirements or other Ordinance changes at the time of Final Platting of any phase.
Developers will be bound by any subsequent changes in BOCA building codes,
f3oC A building mate 'al changes and the like that may be enacted by the City, so long as the
same are applied in a non-discriminatory manner throughout the City.
Petitioners shall be permitted, at their expense, to install for 1 e and aesthetic
1�
. .. , ,, parallel
purposes a white vinyl 96 Rift't;:;.•.,.:odd e;�At .< . .
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.... .,:
with the east right-of-way of Illinois State Route 47, so long as the same is
constructed on either common ownership property of the Homeowners Association
for said subdivision, or in the alternative, on private property with an easement
granted to the Homeowners Association for maintenance thereof.
F. That the development plan shall contain green area/berming along Route 47
and bordering the subject parcel, in a landscape area for which Developer shall
submit a drawing to be approved by the City Council containing a landscape
setback area of at least 30 feet as a rear-yard setback area in areas of the
subject property zoned R-3, along State Route 47
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12
Individual Homeowners may be allowed to construct swimming Pools,
greenhouses, screened-in porches or gazebos in their back-yards subject to
accessory building limitations and set-back provisions as set out in the City of
W.
SM"011" W."A"
Yorkville Zoning Ordinances
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eGtntett
G. That no fencing, house structure, or accessory buildings shall be permitted on any
landscape setback area in said Subdivision by Developer or any owner except as set
out in Kwortigy Plan approved by the City. Homeowners may plant shrubbery,
flowers or trees in beamed areas.
H. That no homeowner, or their agent, or employee shall alter in any fashion, any
beaming, landscape setback area, drainage or detention area within any
"MM,
of said Subdivision. Developer shall submit a mass-grading pl o the City ng r
-Kit QM 1r�
for the entire Subdivision, as well as Final Engineering
Ph e of the Subdivision.
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subdivision .. ..
ithe time approval is soug
I. It is anticipated that all detention facilities will be in Homeowner Association
maintained property, or on land dedicated to the Park District. 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 area, or detention area located within
the property boundaries of any individual lot within said Development, and that
homeowners shall not, fill in, build on, or alter in any way the detention facilities.
J. That a Homeowners Association shall be created and a fill
13
�N
rior to t o any Final Plat of subdivision by the City Council of
the United City of Yorkville providing for the ownership and maintenance of all
internal trails/sidewalk, green areas not dedicated to the City for park purposes,
signage and common areas. the intent of the qty and
OWNER/DEVELOPER that Park ill accept dedication ofltrails and open-
L)�a
space acres upon completion. In the event said Association fails to maintain said
areas, the Owners and Developers hereby grant their consent to the United City of
Yorkville to immediately create a Special Services Tax Area under or 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.
K. That Developer shall pay to the United City of Yorkville, a devel qual to
�SS✓Ar it
the amount required by Ordinance at the time of ;; 1ng1 Aw.'. ! !! 'f ch
Residential Dwelling Unit built in said subdivision to the United City of Yorkville, and
for each residential Dwelling Unit to the Yorkville Community School District 115
in conformance with then in force City Ordinances. The time aym of said
development and transition fees shall be made
fees are being paid voluntarily and with the consent
of Owner and Developers as a matter negotiated between the parties and on a matter
of a contract voluntarily entered into between the parties in the form of this
Agreement. For purposes of the Multi-family units specified within this Agreement,
each individual townhouse, condominium, or other designated unit shall be treated as
14
a dwelling unit as is required to be offered for sale as individual units upon the initial
sale from the developer/builder to encourage individual owner-occupation of said
units.
L. State Route 47 access for said subdivision and improvements shall be constructed at
expense of developer. Location of the entrance shall be in conformance with the
Preliminary Plat approved by the City,-and completed pursuant to engineering
drawings submitted by Developer which shall be approved by Illinois Department of
�M6V►�
Transportation and the City Engineer. Location of the entrance may be moved if
directed to by the Illinois Department of Transportation.
l) Petitioners and City agree that in order to secure the development of the
subject property, easements may be necessary to be acquired by Developers
off-site of the subject property for dedication to the United City of Yorkville.
The City makes no representation or warranty to the Petitioner as to the
acquisition of said easements although the City shall co-operate and use its
best efforts with the Developer to acquire the same.
2) Easement acquisition shall be at the sole cost and expense of Developer. It
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.
3) Installation of all on-site utility improvements, and extension of off-site
utilities shall be at the sole expense of the Developer.
4) The City agrees to negotiate with Developer the passage of a Recapture or
15
Over-Sizing Ordinance for any off-site improvements, or on-site
improvements benefitting future developers contiguous or within a reasonable
service area of the subject parcel. Any Recapture shall be done by Ordinance
after the City has reviewed Engineers drawings submitted by Developer, and
approved by a majority vote of the City Council.
N. If signalization is required by the Illinois Department of Transportation at any
highway cut onto Route 47, Developer shall be required to pay 100% of any non-
` IDOT share. of the cost of any such signalization. AtViC .: >
��,.••+� 4,r required, Deyelo e....sha11
0. The Planned United Development being approved as part of this Agreement shall be
constructed in substantial conformance with this P.U.D., City Ordinance and the
approved Final Plats, and Final .approved Engineering for said Subdivision.
Deviations from that Agreement shall be allowed only if approved by majority vote
of the City Council. ,p Y.
It is acknowledged by each party that E it is concept sketch, and
that upon Final Plat and Engineering Review modifications in sizes and the
like may have to be made in order to comply with the performance standards
of the text of the Agreement or in compliance with the above referenced City
Ordinances.
.................................:......:...,:...............,:...�„..: , ��
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P. fJW Oi +dE ) .0 ' s� w� NOW-
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asbttxtyft�hewrr,s£ .' ae> >
Q. 1) The Exhibits attached to this Agreement are incorporated herein by reference
and are made a part of this Agreement.
2) Ordinances annexing the subject property and approving the zoning
classification and legal description of each Block corresponding to a zoning
class as set out as Exhibit "B" shall be approved and executed by the City
when the precise metes and bounds legal descriptions are tendered to the City.
R. This agreement shall be binding upon the successors, heirs, and assigns of each party
hereto.
S. If any portion of this agreement were determined to be invalid the remaining portions
thereof shall be in full force and effect between Developer/owner(s) and the City.
T. This agreement shall be binding upon each party hereto in terms of performance for
a period of fifteen years. In the event construction is commenced within said fifteen
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 Developer-
Owner.
IN WITNESS WHEREOF the undersigned parties have executed this agreement this
day of , 1997.
17
d
UNITED CITY OF YORKVILLE
MAYOR WILLIAM ROPPOLO
DEVELOPER
ATTEST: ROPPOLO COMPANY, an Illinois
Corporation
BY:
CITY CLERK
ATTEST:
Property Owners:
ROBERT E. DAVIDSON, JR.
MICHAEL WHEELER
GEORGE ENGEL
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
(630)553-9500
18